Page: [1]

Copy of an Indenture executed by Henry Ellis Esqr. Lt. Gov. [Esquire Lieutenant Governor] of Georgia and Thomas & Mary Bosomworth, on the
19th of April 1760.

This Indenture made the
Nineteenth day of of [of] April in the thirty third Year of the Reign of his Sovereign Majesty King George the Second and in the Year of our Lord One thousand Seven hundred and Sixty. Between Thomas Bosomworth of the Island of St. Catharine in the parish of St. John in the province of Georgia Clerk, and Mary his wife on the one part and his Excellency Henry Ellis Esqr. [Esquire] Captain General and Governor in chief of the said Province of the other part, Whereas by certain articles of agreement bearing date the
Twenty fourth day of July, One thousand seven hundred & Fifty nine and made between the said Thomas Bosomworth and Mary his wife on the one part and the said Henry Ellis Esq. [Esquire] Governor in chief and members of his Majesty's Council of the said Province on the other part reciting therein. That whereas the said Thomas Bosomworth had long since made and sollicited [solicited] certain claims and Demands on the crown as well on account of certain Services done and performed by the said Mary his wife for the said province relating to Indian affairs during the Government of the late Trustees for establishing the Colony of Georgia, as also respecting certain Islands known by the Names of Osseba St. Catharine, and Sappalo, alledged [alleged] by the said Thomas Bosomworth to have been granted to him and his said wife by the Creek Indians, which Islands had then lately been ceded to the Crown by solemn Treaty with [document damaged: the Creek Indians ] . And that whereas for Satisfying [document damaged] the Demands of the said Thomas Bosomworth for the Servises [Services] of the said Mary his wife and also for all claims and Demands whatsoever by them made on the Crown had been proposed by his said Excellency Henry Ellis Esqr. [Esquire] the Governor, by and with the advice of his Majestys said Council to pay and to allow unto the said Thomas Bosomworth the Sum of Two thousand one hundred [added text: pounds ] as thereinafter mentioned in full payment Satisfaction for the said Services and all claims and Demands whatsoever and also in Consideration of his having settled and improved the said Island


Page: [2]
of St. Catharine to make out his Majesty's Grant to him of the same, And that whereas the said Thomas Bosomworth being willing to accept of the said Sum of Two Thousand one hundred Pounds and his Majestys Grant of the said Island of St. Catharine in full payment & Satisfaction as aforesaid & in Consideration thereof to Grant & Convey all right and Title by him or the said Mary his wife claimed to the said Islands, as also to Certain other Land called Indian Land near the Town of Savannah And also to release & discharge the Crown of all claims or Demands whatsoever for the said Services or otherwise howsoever, and it was by the said Articles further agreed by and between the said Parties thereto, that the said Thomas Bosomworth and Mary his wife should in the first place and as soon after the Signing the said Articles as Conveyances should be rendered to them execute in due form of Law proper and Sufficient conveyances of all and Singular their Right & title in and to the said Islands and all the other Lands by them claimed from the Indians unto or to the use of his Majesty, his heirs and Successors & also a release & discharge of all claims and Demands whatsoever for the said Services of the said Mary Bosomworth or otherwise howsoever & that thereupon the said Governor and Council for themselves and Successors do agree to pay unto the said Thomas Bosomworth the Sum of Two thousand [added text: & ] one hundred Pounds so soon as the same should be raised by the sale of the said Islands of Osseba & Sappalo provided they should produce that Sum, if not, then such part thereof as the purchase Money for the said Islands should amount to as by the said Article reference being there unto had will more fully and at large appear. And Whereas the said Islands of Osseba & Sappalo have since been sold at Public Vendue to the best bidder for the sum of Two Thousand and fifty Pounds only, Now this Indenture Witnesseth that in pursuance of the said Articles and for finally determining and [an] end to and extinguishing all right and title and all colour [color] and pretence of Right of the said Thomas Bosomworth and Mary his wife in and to the said Islands, and a Certain Tract of Land called Indian Land, and also in consideration of the Sum of Two Thousand and Fifty Pounds Sterling money of Great Britain being the Sum [deleted text: [illegible text] ] for which the said Islands of Osseba & Sappalo have been sold as aforementioned to them the said Thomas Bosomworth & Mary his wife or one of them in hand paid by the said Henry Ellis at or before the Sealing and delivery of these presents in full payment & Satisfaction of the said Services of the said Mary Bosomworth and of all claims, Pretensions and Demands whatsoever of them the said Thomas Bosomworth


Page: [3]
and Mary his wife and which they or either of them hath or pretend to have on the Crown in any manner whatsoever or however the receipt of which said Sum of [added text: one ] Thousand & fifty Pounds the said Thomas Bosomworth and Mary his wife do hereby acknowledge and thereof and therefrom do hereby acquit and discharge the said Henry Ellis, his heirs, executors, and administrators, they the said Thomas Bosomworth, and Mary his wife, have granted Bargained sold, aliened, released, and Confirmed and by these presents do, and each of them doth Grant, bargain, sell, alien, release and Confirm unto the said Henry Ellis ( in his actual possession [added text: now ] being by virtue of a Bargain and Sale to him thereof made by the said Thomas Bosomworth and Mary his wife by Indenture bearing date the day next before [added text: the ] day of [added text: the ] date of these presents for one whole year Commencing from the day next before the day of the Date of the same Indenture for the consideration of ten shillings therein mentioned & by the force of the Statute for transferring uses into possession) and to his heirs & assigns all those the aforesaid Islands of Osseba and Sappalo, situate, lying & being on the Coast within the Limits of the said Province And also all that Tract of Land extending Westward from the Town of Savannah to the Pipe makers Creek in the province aforesaid commonly called & known by [unclear text: the name ] of the Indian Land together with all [illegible text], Timber, and Lumber Trees, Lakes, Ponds, Watercourses, Fishings, Profits Commodities, Heredatiments [Hereditaments] and appurtenances whatsoever to the said Islands and Lands called Indian Land belonging or in any wise appertaining and the Reversion and Reversions, Remainder and Remainders thereof and all the Estate Right, Title, Interest Property claim & Demand whatsoever of them the said Thomas Bosomworth and Mary his wife or either of them in and to the said Islands & Lands called Indian Lands & all & Singular other the premises hereby granted and released or hereby intended so to be with their and every of their appurtenances unto the said Henry Ellis his heirs assigns and for the only proper use & behoof of his Majesty King George the Second his Heirs and Successors for ever, and to and for no other use Intent, Trust, or purpose whatsoever. And this Indenture further Witnesseth that for the consideration aforesaid and also in consideration of his Majesty's Grant of the said Island of St. Catharine unto the said Bosomworth and Mary his wife for themselves, their heirs Executors, administrators & assigns do and each of them doth hereby release, acquit and for ever discharge his said Majesty King George the Second his heirs and Successors of and from all claims, Pretensions &


Page: [4]
Demands whatsoever on account of the Services heretofore done [added text: and ] performed for the Crown the said Mary Bosomworth or by the said Thomas Bosomworth and Mary his wife or either of them in any manner however or of any other matter or thing of what kind or Nature soever, And for the said Thomas Bosomworth for himself and for the said Mary his wife, their Heirs Executors, & administrators, and for every of them, doth hereby covenant promise & agree, to and with the said Henry Ellis, his heirs, & assigns, by these presents in manner following, that is to say, that it shall & may be lawfull [lawful] to and for his said Majesty, his heirs and Successors, and all and every person or persons claiming under him and them henceforth forever peaceably and quietly to have hold and enjoy, all & Singular the Islands, Lands and premises hereby granted and released or intended to be with their and every of their appurtenances without any let, suit, trouble, or interruption whatsoever of or by the said Thomas Bosomworth & Mary his wife, their heirs or assigns of or by any other person or persons whatsoever lawfully claiming by, from, under, or in Trust from him or them and also that he the said Thomas Bosomworth and Mary his wife and their Heirs and all and every other Person or Persons lawfully claiming any Estate, Right, Title or Interest of, in or to the said herein before Granted and released premises, by, from, under or in Trust for him or them shall or will at any time or times hereafter within the Space of Five Years next ensuing upon the reasonable request and the proper Costs and charges in the Law of his said Majesty his heirs, or Successors, make, do and execute &c [et cetera] every such further and other lawfull [lawful] & reasonable Act and Acts Thing and Things, Conveyances, releases, and assurances in the Law whatsoever, for the further better and more perfect and absolutely granting, conveying and assuring all and Singular the said hereby granted and released Heredatiments [Hereditaments] and premises with their appurtenances, and the said Henry Ellis his Heirs and assigns, for the use of his Majesty, his heirs and Successors, as aforesaid, as by the said Henry Ellis, his heirs & assigns, by his or their Council learned in the Law, shall in that behalf be reasonably advised or required. In Witness whereof the said parties to these presents have interchangeably set their hands & Seals the day & year first above written

[Signed] Thomas [illegible text] Bosomworth
[Signed] Mary [illegible text] Bosomworth
Sealed & delivered in the presence of Jas. [James] Habersham, Wm [William] Clifton, Chas. [Charles] Watson



Page: [5]

I Mary the wife of the within named Thos. [Thomas] Bosomworth do declare, that I have freely and without any compulsion, signed, Sealed, & delivered, the within Instrument of writing passed between the said Thomas Bosomworth and me the said Mary on the one part and his excellency Henry Ellis Esqr. [Esquire] of the other part, and I do declare and renounce all title or claim of Dower that I might claim or be intitled [entitled] to, after the Death of my said Husband to or out of the Lands or Heredatiments [Hereditaments] hereby conveyed In Witness whereof I have here unto set my hand & Seal the day & year first within written

[Signed] Mary Bosomworth [illegible text]
Acknowledged before me
[Signed] Chas. [Charles] Watson J. P. [Justice of the Peace]
Received the day & year first within written of the within named Henry Ellis, the Sum of Two Thousand and Fifty Pounds being the consideration Money within mentioned to be paid
[Signed] Thos. [Thomas] Bosomworth [unclear text: Ls ]
Georgia
Witness here to
[Signed] James Habersham
[Signed] Wm [William] Clifton
[Signed] Chas. [Charles] Watson
Register of the Record's office recorded in Book C: fol [folder] : 501 the
29th day of Sepr. [September] 1760 and examined
[illegible text]
[Signed] James Whitefield D. Register of the Records



Page: [6]

Observations

It has been shewn already that the Governor & Bosomworth had taken steps entirely to prejudice Mr. Levy, here is the same thing seen again
This here [added text (appears to be different hand and ink): unless it was at about this [unclear text: time ] in order to make a plea of it, so that this recital is said of truth ]
The Islands are here said to have [added text (appears to be different hand and ink): by the Indians ] but the Land on the main or Continent is not said to be ceded here by the Indians and the reason why it is not, is evident, because the Governor was satisfied that Bosomworth's Title -- was good & Sufficient without, but he artfully would persuade it was otherways with respect to the Islands the Governor knew that tho [though] the title was equally good, yet he knew that Bosomworth had conveyed a Moiety of them to Levy, and therefore he obtained a Cession of them from the Indians pretending thereby to derive a title from them [added text (appears to be different hand and ink): [unclear text: Indians ] ]
This cession then was only a Colouring [Coloring] calculated to appearance to opperate [operate] against Levy, no other use or purpose could be intended thereby for it a Cession from the Indians was proper for the I [deleted text: [illegible text] ] slands why not for the Lands on the Continent


Page: [7]

It is here said that for sattisfying [satisfying] & discharging the Demands of Bosomworth, that the Governor had proposed to pay and allow him £2100 and the confirmation of the Island of St. Catharines whereas in fact it is otherwise the proposal came from Bosomworth in
1757 to have £3000 and the Island of St. Catharine confirmed in express consideration for the other Two Islands and the Land on the Continent to be by him conveyd [conveyed] to the Crown this way the material point with Bosomworth to be paid for his Lands for it could not [added text: & did not ] enter into his head to expect any reward for his wifes pretended claims of Services as it has been fully shewn heretofore
Here it is said that the Grant and confirmation of the Island of St. Catharine's was made by the Crown to Thomas Bosomworth in consideration of his improving and settling the same, but in the Grant [added text (appears to be different hand and ink): itself ] the consideration is said is for [added text (appears to be different hand and ink): & in Bos. [Bosomworth's] proposal it is in consideration for his conveying his right & title of [unclear text: ye ] other 2 Islands to Crown, & in the [unclear text: instruction ] it is for his wife's service ]
The articles to this Indenture must have been very weak to imagine they could impose on any person of common understanding in the colouring [coloring] of this Indenture a farce something of this kind happened in america some years ago
[deleted text: [illegible text] of Ground which he [illegible text] had given his [illegible text] many years before, [illegible text] of Leaving [illegible text] at the [illegible text] that time had greatly [illegible text] . Soon after the [illegible text] his address to his uncle's daughter [illegible text] were successfully before marriage the young Gentleman [illegible text] a Sum of money [added text (appears to be different hand and ink): belonging to the young lady left for [illegible text] ] as a fortune to which his Uncle proposed thus. You know says he to the young Gentleman that you have no right to the House & Land which you say your father has left you there I will give [unclear text: ye ] £1000 [illegible text] [added text (appears to be different hand and ink): [illegible text] ] my daughter in consideration of which you shall make to me a [added text: deed of ] conveyance for the house & lot as the young Gentleman was greatly in debt and had mortgaged his house & Land and daily in expectation of being thrown into Gaol [Jail] he was obliged to comply notwithstanding the house & Land was worth much more than the £1000 he received but at that time could meet with no purchaser ]
The marriage articles were drawn up and executed by which the fortune [added text (appears to be different hand and ink): & for other considerations ] was said to be a £1000 and the Deed of conveyance was also executed for the house and Land [added text (appears to be different hand and ink): & a consideration [illegible text] ] and the other in Law put in possession



Page: [8]

Conclusive observations

It is to be observed that [unclear text: ye ] Conveyance of [unclear text: ye ] two Islands Ossaba & Sapalo by Bosomworth to the Crown was for £2100, but let it be Supposed that this £2100 was to be paid in consideration of Mrs. Bosomworth's pretended [added text (appears to be different hand and ink): can any thing more evident than that every step taken by the Govr was to prejudice Levy ]
It is to be observed that if Bosomworth had any claim on the Crown for services of his wife or payment thereof surely a common receipt of two or three lines would have been sufficient in truth it was rediculous [ridiculous] to take any discharge at all & more so to take a release for it may be asked if ever an Instance can be shewn of a Crown'd [Crowned] head taken a release of a [illegible text], & this release is made part & a most material part of two Articles of Agreement by which two valuable [added text: Islands ] were convey'd [conveyed] to [unclear text: ye ] Crown
[added text (appears to be different hand and ink): NB [Nota Bene] why the Island St. Catharine was not conveyed by T. B [Thomas Bosomworth] to [unclear text: ye ] Crown ]





Page: [9]

Copied



Page: [10]

No. [Number] 9
April 19. 1760
Copy of Indenture between H. [Henry] Ellis & Thos. [Thomas] Bosomworth & wife with some observations
copy hereof Authenticated copied by John Pownal with the [illegible text] to [unclear text: Bull ]