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Family-histories and genealogies : containing a series of ...

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affidavit given in the case, <strong>and</strong> now preserved in the New London<br />

Probate Office, to certain evidences <strong>of</strong> property in Engl<strong>and</strong> which were<br />

withheld from Matthew Griswold, as follows :<br />

" Affid. before W"" Ely, Justice <strong>of</strong> Peace, November 15, 1699, by Henry Meriom<br />

—that Brunson told him he had a trunk <strong>of</strong> writings that were his father-in-law's,<br />

which he said that it would vex his brother Mathew Griswold very much. I told<br />

him that I heard so .<br />

. . <strong>and</strong><br />

I told him that I believed that there was some<br />

weighty concerns in those papers, for money either in this country or in Engl<strong>and</strong> ;<br />

he answered that there were some great concerns in them, <strong>and</strong> that there were some<br />

papers there that said Griswold never knew <strong>of</strong>, <strong>and</strong> never should. . . ."<br />

This concealment <strong>of</strong> titles to property was complained <strong>of</strong> to the<br />

General Court by Matthew Griswold, in 1700, "that all those deeds <strong>and</strong><br />

writings which doe concern all or any <strong>of</strong> the l<strong>and</strong>s that did belong to his<br />

father Mr. Mathew Griswold in his life -time, both in old Engl<strong>and</strong> <strong>and</strong><br />

new, are withheld, so that they cannot be entred upon the publick records.<br />

. . ."" Had these papers been recorded, they would, in all probability,<br />

have thrown some light upon the English ancestry <strong>of</strong> the Griswolds.<br />

Of course "those papers" involving "great concerns" were the<br />

missing " deeds <strong>and</strong> writings," which the second Matthew Griswold sued<br />

to recover. Nor can it be doubted that these papers referred to property<br />

in Engl<strong>and</strong>, because there could have been no difficulty in the son's estab-<br />

lishing his father's rights to any real estate in this country <strong>of</strong> which he had<br />

had possession. But the case was different in respect to English l<strong>and</strong>ed<br />

property. With our system <strong>of</strong> public records <strong>of</strong> deeds, then <strong>and</strong> now,<br />

the loss <strong>of</strong> title-deeds would not be a serious bar to the recovery <strong>of</strong><br />

property. But in Engl<strong>and</strong> there were no public l<strong>and</strong>-records, so that<br />

Matthew Griswold's loss <strong>of</strong> deeds was fatal to his claims in that country.<br />

Without the papers the son could not even locate <strong>and</strong> describe the l<strong>and</strong>ed<br />

property <strong>of</strong> his father in Engl<strong>and</strong>. Consequently, the property was irre-<br />

trievably lost, <strong>and</strong> with it all the family-history connected with its trans-<br />

mission.<br />

" The Public Records <strong>of</strong> the Col. <strong>of</strong> Conn., 1689-1706, ut supra, p. 338.<br />

25'

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