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Full text of "[Provincial and state papers]"

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GIFT OF 



NEW HAMPSHIRE 
COURT RECORDS 

1640-1692 



COURT PAPERS 

1652-1668 



State Papers Series 
Vol. 40 



Edited by 
OTIS G. HAMMOND 

Director of the 
New Hampshire Historical Society 



PUBLISHED BY 

THE STATE OF NEW HAMPSHIRE 
1943 



JOINT RESOLUTION 

Relating to the preservation and publication of portions of the early state and pro- 
vincial records and other state papers of New Hampshire. 

Resolved by the Senate and House of Representatives in General Court convened: 
That His Excellency the Governor be hereby authorized and empowered, with the 
advice and consent of the Council, to employ some suitable person — and fix his 
compensation, to be paid out of any money in the treasury not otherwise appropri- 
ated — to collect, arrange, transcribe, and superintend the publication of such 
portions of the early state and provincial records and other state papers of New 
Hampshire as the Governor may deem proper; and that eight hundred copies of each 
volume of the same be printed by the state printer, and distributed as follows: namely, 
one copy to each city and town in the state, one copy to such of the public libraries 
in the state as the Governor may designate, fifty copies to the New Hampshire His- 
torical Society, and the remainder placed in the custody of the state librarian, who 
is hereby authorized to exchange the same for similar publications by other states. 
Approved August 4, 1881. 



COURT RECORDS 

IN 

new hampshire 
Province Deeds 

Vol. I 

1640-1653 



NEW HAMPSHIRE COURT 
RECORDS 



M' Clement Campian plaintiffe Vsus Edward Colcord 

Edward Colcord Condemnated in 2640 Clowboard & all Costs 
of Courts & one shilling Damage & the clowboard to be delivered 
at the waters side acording to the Bill 

Condemnated also in Twenty Nyne shillings for the sayd 
Costs of the Courts 

Acc'ons Entred 

John Dgrow versus W'" Everit . . . John Lander Case at 
suite of John Dgrow w*^ the goods Rich Bulger for 8^ 16' for 
worke & clawboard non suite v'sus Richard Bulger 

Richard Bulger vs Peeter weyer accon debt 

W™ Hilton versus Rich Bulger agreed 

M^ Edward Colcord at sute of Hatevall Nutter & Rich Waldern 
adjudged to pay 5* but after forgiven in Court Indebted unto 
the Towne in the some of ffive pounds w"** he came ingaged for to 

Captaine John Underhill versus Edward Calcord for seaven 
hundred of Clawboard 

Wrestling Brewster pltiffe John Foss Case defered 

Captaine John Underhill pleades did Deliver to Edward Cal- 
cord seaven hundred of Clawboard 

John Dgrowe v^sus Edward Calcord for non ^formance of 
Cofenant by Wrestling Brewster 

M' Thomas Larkham vsus Richard Rogers & non suite against 

A presentment against m' John Underhill for . . . 
Hansard Knollys Vsus Edward Starbuck accon of Slaunder 
Hansard Knollys vsus Edward Starbuck accon Case both 
these actions were entred y® 8* day of March 



4 NEW HAMPSHIRE COURT RECORDS 

Memorandum tis agreed upon in our Court holden the 4*'' of 
March 1640 that wheras there is a action of Trespasse of the 
Case dependinge in our Court betweene WiUiam Whiting & 
m"" Holyoke & others plaintiffs against William Cotton ffrancis 
Rand & others That the suite shall depend untill the Tenth of 
May next And that before 10*'' of May they shall Choose each 
of them one man to arbitrate & discide all Causes depending in 
Court and enter into obligacon of fforty pounds w**' Condicon 
to stand to their arbitracon 

Execucon granted against the goods of Richard Rogers y^ 3° 
of July 1637 

The land Ceased for his Ma*« use prised 4I-05-00 

Excucon granted against the goods of Anthony the 

3° of July 1637 

one Cow sould in open Markett 04i-05'-oo 

m"^ Williams an accon entred upon m"" Thomas Wannerton 
for 14' due to Aiorgan Lewes upon Judgment in Court 41 

Morgan Lewes 8' & 6' 

Wrestling Brewster case tryed Foss fined 2 Is 10 shilling 

The Accon of Tresspass upon the Case against the pipe staves 
Richard Waldern & Georg Druell the 9^^ day of June 1641 Rich- 
ard Waldern his apearance taken before m' Edward Dalton 

June 21 1641 John West v'sus Tho^ Roberts an accon of the 
Case 

June 21 1 641 Tho: Johnson an accon of the Case at the suite 
of m"^ Edward Colcord 

Septemb^ i 1641 John Dgroue Accon of slander v'sus W"' 
Joanes Condemnator in expences Tenn shillings & Cost & suite 

Thomas Wanertonn an accon of the Case at the suite of Wil- 
liam Joanes Nonsuted Condemnator in expences Twenty shillings 

William Joanes sum'ond to appeare at suite of Thomas Wan- 
ertonn 

John Dgroue accon of debt at the suite of Richard Bulger 

A Verdict against Richard Bulger at the suite of John Dgroue 
the 3 of September 1641 wherin he is found to pay six pounds 



NEW HAMPSHIRE COURT RECORDS 5 

Debt & Cost & suite to be levyed in ^t of the Lyter 
A Verdict against John Dgroue upon a bond of Thirty ffoure 

pounds for 13 hundred & 40 w* oake clawboard 
John Dgroue accon of the Case, at the suite of Richard Bulger 
W™ Joanes & John Dgroffe stand bound in Twenty pounds 

each of them to our Soveraigne Lord the King for their apearance 

at the next gemerall Court holden in Northam 
William Joanes acquited & Discharged 

September 24*'' Accon Case with Robert Puddington Cent 
libris at the suite of Thomas Wanerton Hatevill Nutter & 
John Dambale 

The verdict against Robert Puddington 

Wee doe award m'' Thomas Wanerton to deliver y one hun- 
dred & a half of Clobord due to Robert Puddington & Robert 
Puddington is to returne 12 hundred of pipe staves back againe 
w**" his charges to the aforesd m"^ Thomas Wanerton in lieu of 
the afore named 5<= & a halfe of Cloboard 

Anthony Emry v'sus Nicholas Needum and Wrestling Brew- 
ster 

William Hilton an accon of trespass upon the Case for De- 
teining a Marsh against Ambrose Gibbons 

Thomas Beard accon of the Case against William fTraisey 

M' ffrancis Williams an atachment against a Judgment of 
ffourteene pounds upon Record of the Debt of Morgan Lewes 
w'^'^ is against M"" Thomas Wanerton marsh 

We finde for m^ ffrancis Williams plaintiffe Ten pounds 
Eleven shillings & three pence Debt & damages & Costs 4' 6d 

M' William Whiting v'sus Clement Campian for Carring 
foure thowsand pipe staves put to reference 

M' ffrancis Williams v'sus Henry Wakeley et alls 

Edward Payne v'sus William Bellew upon an accon of Debt 
of Cap* Richard Waldern Edward Colcord & Edward Starbuck 
agreed 



6 NEW HAMPSHIRE COURT RECORDS 

James Wall v^sus Richard Waldern 28° 5° Mo: (42) thomas 
Lay ton to pay me ic^ 

wee finde for plaintiffe Nine pounds 17* 6d debt damages & 
sixteene . . . 

John Doncklin vsus Thomas Stevenson 

It is ordered that m' Wiggens & M' Wanerton . . , this & 
determine it 

John Bursle v'sus Thomas ffursen we find for the plaintiffe 
. . . came brought into the Court . . . 

We finde for John Doncklin plaintife 6^ beaber 3^ sterling 
Costs of y Court against Willyam Beard 

John Dgroue Vsus Richard Bulger an action of the Case for 
not ^formance of Covenant about a Lyter 

It is ordered that Captayne Wiggen M' Edward Hilton & 
Edward Colcord to arbitrate & decide it 

Clement Campian plaintiff 10° 9° . . . 

we finde for the plaintife forten pounds Twelve shillings . . . 
Costs of Court . . . orderd in Court that ex'^ be stayd . . . 

Thomas Wilson in the name of the Towne of Exeter & others 
plaintiffs v^sus m' Tho: Larkham upon an accon of trespasse 
on the Case for Cutting & Carrying . . . ordered th . . . 

Edward Holioke William Whitinge in the behalfe of Edward 
Holioke Henry Clarke & the rest of the Patentees doe com'ence 
an accon of the Case of trespasse against the inhabitants of 
Northam for putting of cattle upon the poynt of land & against 
John Redman for building a house upon the same Land 

George Walton v'sus Belteshazar Willix an acc'on of the Case 
upon an account wee finde for the defendant we finde Ten 
shillings Costs & six shillings six pence . . . cost & suite 

Thomas ffurson fined for being druncke in the some of twenty 
shillings ffive shillings to be payd out of it to Jeffry Chazy 

Thomas Wiggen an accon of debt at the suite of William 
Beard wee finde for the plaintiffe his ... & finde in damages 
fifoure pounds tenn shillings & Eleven pence halfe penny & 
Costs & suite 



NEW HAMPSHIRE COURT RECORDS 7 

Hateevill Nutter & Edward Starbuck . . . apoynted by the 
Court the 28*'> of 5° M° 1642 to sell the goods of John Phillips 
deceased & to pay his debts & to returne the overplus if any bee 

Thomas Johnson v'sus Abell Damond an accon of debt of 
foure pounds Tenn shillings w''' James Johnson & John Dgroue 
suretyes for his apearance acknowledg a Judgmt & they are to 
pay Costs & suite 

John Gotherd Vsus M' ffrancis Williams & M"" Thomas Wan- 
erton upon an accon of false imprissonment wee finde for the 
plaintife 2* 6** in damages satisfaccon presently payd 

Att a Court holden the 10° 9° Mo: 42 at Strawberry Banck 

Thomas Withers Vsus M' Thomas Wanerton for an acc'on of 
Debt for wages for 6' or therabouts 

William Palmer v'"sus W™ Abbington upon an acc'on of Debt 
for letting a prisoner goe 

Tho: Larkham Vsus John Richardson an accon of trespass for 
falling Timber agred 

Joseph Jencks Vsus John Phillips an accon of Case for 120' 
damage referd to the Court 

William Joanes Vsus Joseph Jincks upon an accon of the Case 
for sixteene shillings agreed 

John Tare at the suite of Steven Tider we find for the plain- 
tiff Eleven pounds Debt twenty shillings damages & Costs of 
Court 

Robert Tenney Vsus Elizabeth Sedgwick 

[3 lines illegible.] 

at Court 5° 5° lAr (43) 

John Drayton v'sus Thomas Drake an accon of the Case of 5' 

John Reinoles sale 

Tho: Trickie an accon of Daters against Steven Tedder 

A Sum'ons 14*'' 2° Mo: 42 to W'" Jones to detayne in his hand 
such moneys he oweth George Story to answer Edward Colcord 
at next Court 



8 NEW HAMPSHIRE COURT RECORDS 

Tho: Durston sum'ons for 20" at suite of W"* Hilton a Judgmt 
confesed & default of Twenty fifive shillings 

M'' Georg Walton sum'ons an acc'n debt at suite of W'" Hilton 
ordered that ex" to be granted p''sent & for 7' damage & i6« Costs 
provided that if M' Tomkins of . . . 

Richard Bulger Plaintiff & Edward Colcord Defd* ordered by 
Court 10 9° Mo. 42 that m^ Ambrose Gibbons and ffrancis 
Mathews betwxt this & the last of March next shall heare & 
Determine the Cause concerning a bill of Two thowsand & a halfe 
of Clapbord upon a Bill Dated the ii^*' August 1640 

John Drayton Plaintiff e 10 9 Mo v^sus Tho: Smyth for taking 
Cloth from Puddingtons & makinge a suite of it 

Mary Top bound in 20' bound 24° 11° Mo: 42 to apeare at the 
next Court & Joseph Miller bound w*** her for the said 20* for her 
apearance to answer what shallbe objected against her Mary Top 
not appearing the bond of 2o' forfeit 

goodwife Chatterton fined 

Rich'^ Tree fined io« for swearing & drinking to be payd within 
3 Moneths 

W"" Abbington v'sus Joseph Jinks for 26« 6"^ ... we find for 
the plaintiff twenty Eight shillings . . . 

Darby ffield vsus Mathew Gyles for setting the woods of fire 
& burning up his Pipe staves nonsuted & Darby ffield to pay 
10^ Costs of Court 

M^ ffrancis Champernowne v'sus Edward Wharton Anthony 
Emry apeares to a bill of 5', w^ bill was lost in Court but had 
sufficient testimony that Ed : Wharton owed to Cap* Champer- 
nowne we finde for the plaintiff 5' 5^ 8^ Damages & Costs sixteene 
shillings ex" granted & satisfied 

John Sherborne at suite of Thomas Canning for taking away 
his Harrowe fffnde for the plaintiff i6« Damage & ffourteene 
shillings Costs 

James Johnson at suite of Vallentine Hill for Clapboard for 
3"" clapbord w* oke merchantable we finde for the Plaintiffe 
Thirty pounds & 12* Damages & Twelve shillings Costs of Court 



NEW HAMPSHIRE COURT RECORDS 9 

John Herd vrsus Tho: Durston agreed 

John Burslee Vsus Richard Knight ordered in Court that Rich- 
ard Knight shall pay Costs for not apearing i6^ 

John Dgroue v''sus W"" Bellew for a debt of 7' lo" w^'^ Edward 
Payne oweth 

Tho : Cannings an action of Debt for 3 c of merchantable w' oke 
Clapbord for 3' pd for them in suite of Jeffary Chazy nd to cal 
at tomorrow wee finde for plaintiff 3^ 5^ Damages & Costs of 
Court & ffor witnesses Twenty one shillings 

W"" Payne V^sus W"" Bellew upon an acco" of Complaint of 60' 

W'" Payne against Richard Waldern for an acco" we finde for the 
plaintiff 30' & 50** Damages costs of court Twenty Eight shillings 

William Payne vsus Edward Colcord accon of Case 

M"" Thomas Wiggins Vsus Phillip Swadden upon an acco" 
of Case for 12' w"'^ the said Phillip acknowledgeth a Judgmt 

Henry Sherborne ordered by Court to keepe a fferry & to have 
for his paynes from the great house to the great Hand 2<^ x\nd to 
the province 12^ To Rowes 2^ to strawberry banck 6^^ for one man 
And if there come 2 or more to have 4*^ a p'y to strawberry Banck 
8*^ a p*y to the Province & 2^* a p*^ for all the other fferryes And tis 
further ordered that he shall keepe an ordinary of 8'^ meale And 
this order to continue till the generall Court take further order 

Phillip Swadden acknowledgeth a Judgmt of Nine pounds 
Tenn shillings unto Phillip Mannering 

Jene Chatterton vs Chaterton bound in 10' to answer at next 
Court or else to go to her husband 

William & John Pickering injoyned to deliver the old Combina- 
tion at Strawberry banck the next court 

Edward Colcord bound in 20' for his good behavior towards 
all men & for his apearance at next Court 

William Waldern bound in Ten pounds The bond Discharged 

At the Court holden at Dover the 5° 5° Mo : (43) 
Tho: Durston sum'ons to answer John Heard upon an acco" of 
Debt of thirty shillings 



lO NEW HAMPSHIRE COURT RECORDS 

John Redman fined 5" 

pd to m' Smyth for mending the stocks y 

W*" Roberts fined 5« 

Tho: Johnson fined 

Phillip Swadden fined 

m^ Thomas Wanerton for striking his wife w**^ a stoole ad- 
monished not to doe soe any more 

Tho: Canney fined 3^ 4^ 

William Waldern fined 5' 

Thomas Lay ton Constable Jurat 

Christian Bowden fined five shillings or sit in stocks i howre 

knowe all men by theise presents that I Edward Colcord of 
Northam in Pascataway for & upon good considerac'ons of the 
receiving of fourscorr sixteene pounds or therabouts W^ is for 
Tenn thowsand of merchantable Clapbord ffive thowsand of 
them to be of red oake & ffive thowsand of them to be w* oake to 
make pipe staves of and theise are to be Delivered to the said 
William Payne or his assignes upon all Demands at the water 
side wher they may conveniently come w^^^ a boat or vessell to 
take them in & for the true ^formance hereof I doe binde over 
for his security all my Timber in Ryalls Cove being in Nomber 
200 trees and all my trees w"*' are felled at fox poynt or the litle 
Bay & all such ... & clapboard as are at both places And 
alsoe I binde over my two Cowes & my Dwelling house And 
two Lotts one of them I bought w"^ Doe belong therto Witnes 
my hand this 14 September 16 . . . 

Edward Colcord 

Testis Edward Mitchelsonne 

John Redman Confessed the 18*'^ of July 1643 to owe to 
Thomas Canning 7« 6^ to pay w^^^in 3 dayes 

An Inventory of the goods & Chattells of John Phillipps taken 
& praysed by us whose names are hereunder subscribed the 20*'' 
day of March in the yeare of our Lord god 1641. 

[Amount of inventory, £17. o. o; signed by George Smyth and 
John Dam.] 



NEW HAMPSHIRE COURT RECORDS II 

Administration is granted to Hateevill Nutter & Edward 
Starbuck to sell the said goods of the deceased and to pay & 
satisfy his debts Ordered at our Court the 20° 5° Mo. 1642 

Debts owing by John Phillips 

[Amount, £17. 14. 43^; mentions Robert Hucckins, "... w*** 
Iron Rings lent him when he was Drowned", John Dgroue, 
W°» Partridge, Walter Baker, George Webb, John Hall, W™ 
Story, Edward Starbuck for charges at his buriall, Thomas 
Layton, John Dam, I\P Whiting, William Hilton, Henry Chap- 
man.] 

Tho : Roberts Vsus Thomas Wethers an accon of Battery for 
beating his sonne to the Damage of . . . 

John Gotherd v^sus a hog of Richard Armsbye for . . . 

the last of 6° Mo: (43) 

Edward Colcord Sould before m"" Georg Smyth unto Thomas 
Durston i lot or peece of ground late in the possession of widdow 
Measant now in the possession of the sd Thomas for 30 bushells 
of Indyan Corne & other considerac'ons forever 
Presentments 

Grand Jury m' William Hilton John Baker Darby ffield Tho: 
Canney Henry Sherborne Reynold ffernall Thomas Roberts W"" 
Beard Henry Langstaff James Newt William Palmer Richard 
Yorke Georg Walton 

John Tare for keeping disorderly drinking in his house witnes 
Hen: langstaff 

Phillip Swadden Thomas Johnson Andrew Harwood Thomas 
ffurson ... for ffelling Timber clearing of clapbord & pipe 
staves wit y^ Jury 

Oliver Trim'ings for clearing of clapbord Contrary to an order 
of court 

Georg Webb p''sented for living Idle like a swine 

W"" ffraysey p'sented for neglecting the ordinances of god & 
refusing to live in an orderly Course of life among his neighbours 
wit y« Jury 



12 NEW HAMPSHIRE COURT RECORDS 

Andrew Harwood & Thomas ffurson for neglecting to Come to 
the ordinances of God this last winter 

m"^ Wheelwright presented for his ffence being ffaulty to the 
hurt & Damag of his Neighbours witnes John Tuttle 

The towne presented for neglecting to repayre the stocks 

John White of Strawberry Banck Doth acknowledg him selfe 
to owe to the court of Dover 

Anthony Staniell Samuell Walker Robert Reade Robert Smyth 
taken the oath of freemen at court 17° day of the 2° Mo: (44) 

ffines by the Courte afforesaide 

Thomas ffursen fined for being drunke 

John Crowther upon two p^'sentments 

anthonie Emerey 20^ & 4*^ in all 

Clement Campion 

John Reynolds 40^ & 4^^ in all 

william ffraysey 

Att the Court houlden the 17° day of 2° Mo: (44) 

John Wotten Sum'oned at suite of John Crowder for an accon 
of sclander 

John Wotten sum'ond at the suite of John Crowder upon an 
accon of account ffor 15' put to reference 

W'" Joanes Vsus Thomas Johnson for One Thowsand of Clap- 
board Boults 

Thomas Johnson acknowledged a Judgmt 

John Godderd Plaintiff upon an attach : of the goods of Steven 
Tedder 

wee finde for the Plaintiff e fforty shillings & Costs of Court 14* 

John Pickering Plaintiff against W™ Hilton upon an accon of 
Debt of 21' 3^ putt arbitracon 

William Waldern & W"" Bellew acknowledg a Judgmt to M^ 
Valentyne Hill of Boston of ffoure score & Twelve pounds to be 
payd by Twenty & Three thowsand of Pipe staves Twelve thow- 
sand to be payd w'^'in ffoureteene dayes at high water mrke 
w'^'in a myle of Dover & Eleven Thowsand w^'Mn the month 



NEW HAMPSHIRE COURT RECORDS 1 3 

from the day of the date hereof dated 17° day of the 2° Mo: 44 

I w" waldern acknowledg a Judgment for a Trunck Thirty 
shillings 

Anthony Emry vsus Edmond Whorton uppon an accon of 
debt & damages to the value of Ten pounds 

wee finde for the plaintiff & give him six pounds One shilling 
Eight pence upon a former Judgmt ffifty shillings Damages & 
Ten shillings Costs of Court 

ffifteene shillings deducted for price in pipe staves 

John Heard accepted of one Thowsand of pipe staves of Ed- 
mond Greenelife at 2' i5Mn ^t of this Judgmt 

W™ Payne Sum'ond at the suite of Clement Campian upon an 
accon of the Case for Carrying pipe staves & Masts in to the Baye 

wee finde for the plaintiff 3' principall Twenty shillings damag 
& Costs of Court 

Edward Payne Plaintiff for a house once in the possession of 
Michael! Chatterton — wee finde for the plaintiff ffifteene 
pounds Eight shillings w**' Costs of Court 

Bartholomew Lippencott plaintiff against Thomas Layton 
A judgment acknowledged of fforty One shillings & Twelve 
shillings Costs 

W"" Waldern plaintiff against Tobacco & other goods of Ed- 
ward Colcord for Security of 24 C clapbord to Clement Campian 
& a debt of greater valew 

Edward Colcord acknowledged a Judgmt 

at the Courte held at Dover 18 6 mo: (44) 

Ordered that Christofer Lawson shall pay fifive pounds to the 
Towne of Dover for Cutting & spoyling of Timber contrary to a 
Towne order 

execution of the sayd 5' satisfied by william storer marshall 

John Redman Plaintiff against John White the Defendt to pay 
Ten shillings damages & three shillings six pence Costs 

Roger Knight Plaintiff v'"sus John Redman upon a Debt of 
Twenty shillings or therabouts the 18*'' 6*^ Mo: 44: 



14 NEW HAMPSHIRE COURT RECORDS 

knowe all men by theise p''sents that I Thomas Wanerton for 
& in consideracon of the true & faythfull service of Roger Knight 
hath ^formed to the Patentees of the great howse for whom I 
being agent doe give unto him his heires administr^ or assignes 
for ever a ^cell of Marsh lying above his ... at Strawberry 
banck as farr as m'' Williams his rayles . . . cleared & fenced 
And the foresd Roger is to pay or Cause to be pd to the foresd 
Thomas Wannerton or to the Pattentees one shilling yearly on 
the 25**^ Day of March if lawfully Demanded In witnes of the 
truth hereof I have hereunto set my hand & seale Dated the 20**^ 
Day of January Anno Dni 1643 

Thomas Wannerton 

Signed sealed & Delivered in p'^sence of Edward Sannders 
Clement Campian 

Edward Colcord acknowledgd a Judgm* to Thomas Johnson 
for I" & 4" of Clapboard Bolts 

Execution was granted for the same bolts & the bodye of 
Edward Colcord was in execution for the same by the marshall 
whoe lett him goe at liberte for want of a prison 

The fifth of September Anno Dni 1644 William Belew soulde 
his howse scituate in Dover w*** the Apurtenances unto Christofer 
Lawson w*^ Twenty Acres of Land in the back River & Thirty 
pounds in goods for Thirty Thowsand of Pipe staves to be payd 
the first of August 1646 for the w"^ payment Christofer Lawson 
hath bound himselfe heires executors & administrators and 
Alsoe one howse scituate in Boston w**' the land neere adjoyning 
& therunto belonging neare the Key late in the tenure of Henry 
Symonds or his assignes to W™ Bellew & his heires for ever 
provided alwayes that if Christofer Lawson pay the sayd Thirty 
Thowsand of Pipe staves at the day apoynted then the sayd 
Christo : Lawson is to enjoy the sayd howse & land to him & his 
heires for ever 

M"^ Edward Sanders agent for Cap: ffrancis Champernowne 
for & in Considerac'on of a Debt of 15' owing by the sayd Cap: 
unto m' ffrancis Norton of Charlestowne hath lett & sett unto 



NEW HAMPSHIRE COURT RECORDS I5 

farme One farme howse land & the apurtenances scituate in the 
great Bay on the south side of Pascataway River for 4 yeares 
bearing date the 20''' of September 1644 

At the Court houlden the 2° Day of the 8*'' Mo: 44 

WilHam Pester against Richard Knight upon an accon of 
Debt for 

wee finde for the plaintiff Twenty shillings & six pence dam- 
ages & Costs of Court 10^ entring 2^ for one Day & 2« the Marshall 

John Heard against Richard Knight upon an accon of the Case 
we finde for the plaintiffe Thirty Two shillings & Costs of Court 

ir 

James Johnson an attachmt upon 2 chaynes & a yoke of Cap: 
fTrancis Champernowne for t,"/^ 

we finde for the plaintiff 19^ 6^^ damages & Costs of Court I2« 

Captayne Wiggons an accon of the Case against m"" ffrancis 
Champernowne 

we finde for the plaintiff Six pounds fififteene shillings damages 
& Costs of Court 

William Jones grannted Costs against W"" Pomfrett W" Hilton 
six shillings 8*^ w*Mrawne by the Court 

John Redman at the suite of Simon Boysey for 22^ 6*^ in Coles 

we finde for the plaintiff Eleven shillings & Costs of Court 10* 

Thomas Johnson an accon of the Case against Andrew 
Harwood 

we finde for the plaintiff six thowsand of hogshead staves to be 
delivered at high water marke unto him where a boate may Come 
to take them in at high water marke in the River of Pascataway 
& Costs of Court 14^ 

John Clyes against the goods ffrancis Champernowne 

we finde for the plaintiff Nine pounds ffive shillings & Costs of 
Court 10^ & 2 witnesses 4^ 

Anthony Emry plaintiff' against Edward whorton an accon of 
account for fforty od shillings 

we finde for the defendt six shillings & five pence & Costs of 



1 6 NEW HAMPSHIRE COURT RECORDS 

Court & travayle Tenn shillings & he is bring in m' Hooks note of 
27^ to Edward whorton 

Bartlemew Lippencott at the suite of Thomas Layton upon 
an accon for default in not loking to the Cattle according to 
Covenant 

John Redman discharged of his fine of three pounds six shill- 
ings & eight pence upon the certificate of the Majer of Acca- 
mentus w"^ he has Certified 

Ordered that every man shall enter his accon the first Day of 
the Court or else the Defendt shall have a nonsuite against him 

And the second day in the Morning to heare the presentmts 
given in the Court before 

Ordered that William Joanes shall make a publique acknowl- 
edgment to Elder Starbuck & others he hath revyled upon Lords 
Day Come sennitt 

Ordered that the inhabitants of Strawberry Banck shall make 
a sufficient ffoote Bridg at the wading place beyond the great 
howse before the last of May next upon payne of 5^ 

Ordered that the townes of Dover & Exeter shall build a 
sufficient Bridg for horse & men over Lamprey River before the 
Last of May next upon payne of 5' each Towne 

William Joanes bound in 40' to stand upon the good behavyour 
untill the next Court John Redman & Thomas Durston bound in 
20 ' a pes for his apearance & good behaviour This bond to stand 
in force except he goe to his wife in Old England then to be voyd 

Elizabeth Joyles wife of Mathew Gyles to be whipped or 
redeemed w*'' a fine of 20^ for revyling words against some of the 
members of the Church of Christ in Dover 

M"" William Bellew ordered to have of Captayne Trasque of 
Salem 8^ 8'^ for his non apearance upon sum'ons 

Thomas Roberts acknowledged a Judgmt to m"^ William 
Whiting for Twenty Eight shillings 

Darby ffield licensed to sell wine 

Ordered that Thomas Biggs pay unto Christofer Lawson 
Eleven shillings 



NEW HAMPSHIRE COURT RECORDS I7 

M"" ffrancis Mathewes & Mathew Joyles stand bound in 50^ 
a pes to bring in Elizabeth Joyles & her sonne at the next Court 
& in the meane time they are not to come togather 

Ordered that an Inventory of m"^ Thomas Wannertons goods 
& they to Choose 2 men & the Creditors two to view & prayse as 
alsoe Cowes & all other Chattclls 

Ordered that the attachments against m'' Thomas Wannertons 
goods be continued untill the next Court & that noe goods be 
Carryed away w^^'out security 

m"^ James Parker ingaged for 3 Cowes & three Calves to be 
answerable for them if they ^ve not to be Captayne Gibbons 

Ordered that w"" Beard shall send to Christofer Helmes before 
the next Court concerning 6' of beaver he had of John Doncklins 

Att a Court houlden the lo*^ of the 7^*> Mo: 1645 

Henry Beck acknowledged a Judgment of Six pounds to m' 
William Belle w 

John Baker fyned Ten shillings for drawing his sword & run- 
ning after Indyans w*** it drawd & to pay 2« 6^ fees 

Receved the afs by the treasurer then being 

John Baker fyned Ten shillings for thretning William ffurber 
saying he would kill him if he were hanged for it & to pay 2« 6'* 
fees 

Reed the 10^ by the Tresurer then being 

John Baker admonished for saying the Grand Jury presented 
him of malice & to pay 2^ 6*^ fees 

John Baker admonished for trading w*** Indyans of the Sab- 
bath day & to pay 2^ 6^^ fees 

John Baker presented for beating Richard Nason that he was 
black & blew & for throwing a fire shovell at his wife i' 5^ 

Walter Abbott acknowledged a Judgmt of Three pounds & 
Ten shillings to William Bellew for a Debt of Peter Garlands in 
satisfaecon of a bill of Three pounds ffive shillings & a bill of 5^ 
for Peter Garlands apearancc 

William ffraysey fined for fighting 6^ S'^ & fees 



1 8 NEW HAMPSHIRE COURT RECORDS 

John . . . p'sented for beating his wife fined five shillings 
& fees of Court 

Ordered that the accon betweene Tho: Johnson & Tho: Chase 
to continue till the next Court & they are Cast to pay Costs & 
charges 

At the Courte holden at dover the lo*** of the 7 mo: (45) 
Whereas upon the complaints of John Awlte & Remembrance 
his wife againste Captaine Thomas wiggin for wages dew to his 
wiefe before she came to Pascataquack new England, being on the 
14*1' of Decemb"" 1638 and for as much as it was proved by the 
oath of henrye Tybbets that her time of service did begine the 
firste of march before she came to new England, y* was therefore 
ordered by the saide Courte that the saide Remembrance shall 
have such wagis due unto her from the saide firste of march 
untill the saide 14 of December 

at the Courte at Dover the 26 of the 6*'' month (46) 

Roger Knight Plaintiff Cap: Mason & others Defendts upon 
an accon of Debt for wages 

we finde for the plaintiff Twelve pounds six shillings & Nine 
pence & Cost of Court & damage 

Thomas ffurson plaintiff Thomas Johnson Defendt upon an 
accon of the Case for hogshead staves 

We finde for the plaintiff in Damages ffive pounds Twelve 
shillings & six pence, one thowsand and a halfe of refuse hogshead 
staves at the water side at Darbyes & Costs of Court Eighteene 
shillings 

Att a Courte houlden the 26**' of the 6**> Mo: 1646 

Darby ffield acknowledged a judgment of Six score pounds to 

John Shawe (only Desiring that it apear not upon accont it may 

be Deducted) 

Henry Greene is allowed for 4 dayes attending to have 8« of 

Edward Colcord 



NEW HAMPSHIRE COURT RECORDS 1 9 

Itt is ordered that a prison be sett up in Dover before the next 
Court at the Cost & charge of the whole River upon payne of 
tenn pounds 

Valentine Hill plaint James Rawlins Defendt 

we finde for the Plaint 5' or 5 C of Merchantable w* Oake bolts 
A foote & D long at high water marke & Costs of Court 

satisfaction acknowledged by Edward Starbuk agent for m' 
Hill 

Tho: Tare Plaintiff Thomas Johnson Defendt upon an accon 
of the Case for 5 C of w* Oake Bolts 

wee finde for the Plaintiff CC of w* Oake bolts 4 foote . . . 
to be Delivered in the great Bay the last of the Tenth Mo: & if 
they be not Delivered we give to the pit 4' 16^ & Costs of Court 26" 

William Payne Plaintiff Thomas Walford defendt upon an 
accon of the Case for 6 C of short bolts & 4^ 

we finde for the plaint & give him Six hundred of short Bolts 
that were formerly made for him & if they want any by the IS*** 
Day of the 7**^ Mo: the Defendt is to pay after 5' ^ thowsand 
for soe many as are wantinge of the six hundred Alsoe we finde 
more for the plaint foure pounds Eighteene shillings & Costs of 
Court 26* 2^^ and agree moreover that the plaintiff shall give the 
Defendt a sufficient discharge 

Clement Campian Plaintiff Edward Colcord defendt upon an 
accon of debt for 24 C of Clapbord 

The Jury bring in a spetiall verdict & Com'it it to the bench 
After in Court the ^tyes agree & Edward Colcord is to pay One 
thowsand of white Oake Boults 

Henry Tayler Plaintiff William Ham Defendt upon an accon 
of accompt for 30^ 

we finde for the plaintiff Thirteene shillings damages & Costs 
of Court 

Clement Campian pit Tho: Wiggin Defendt for a trespass 
upon a farme in the great Bay nonsuted 

Thomas Beard plaintiff Thomas Johnson Defendt upon an 
accon of accompt & for damag for 2 Cowes the accon w*'>drawne 



20 NEW HAMPSHIRE COURT RECORDS 

The grand Jury m' ffrancis Mathewes m' ffurnell Liuetenant 
Pomfret John Dam Samuell Haynes Thomas Roberts John Hall 
m'' John Reinolds John Tare Henry Langstaff Thomas Layton 
William Beard James Newt Thomas Canney 

William ffurbur Constable Jurat 

Ordered that John Seely at the He of sholes take the oath of a 
Constable before AP Smyth 

^sented 

Phillip Chesly for beating his wife & for many bad speeches 
& theebery fined Ten shillings & stands bound in lo^ upon the 
good behaviour to all men & weomen to the next Court & John 
Redman bound for him in the some of ffive pounds 

Phillip Chesly apped & discharged 

Mathew Williams stands bound in the some of Tenn pounds 
for his good behaviour towards all men & weomen & that he 
atempt the Chastity of noe young virgins espetially Thomas 
Stevensons Daughter & m' ffrancis Mathews Daughter 

mathew williams discharged of his bond at courte 20. 7. 47 

Mathew Williams censured to be whiped for offering wrong to 
young mayden childern 

Ordered that goodwife Chatterton shall goe to her husband or 
be sent before the 20*^ of the next Moneth & if she will not goe to 
make a warrant to send her by the Marshall 

Ordered that James Woodward finde suretyes for the good 
behaviour himselfe to be bound in lo^ & his surety in 5* & not to 
frequent good wife Chattertons Company 

Georg Walton fyned 5^ for selling beere by the wine quart for 
3*^ a quart 

Anthony Emry ffyned 10^ for selling beere at 3^ a quart being 
twise presented 

The wife of Thomas Trickey adjudged to sitt in the stocks 2 
dayes an howre at a time or to redeeme it w*'' Tenn shillings 

Ordered that every one that is p'^sented the Recorder send out 
attachmts for to Compell them to put in bond to answer at the 
next Court 



NEW HAMPSHIRE COURT RECORDS 21 

Thomas Tricke standeth hound in the some of Ten pounds 
for his good behaviour to al & espetially not to attempt the 
Chastity of any weomen 

^clamation being made in Court the lo'*' of 7"" mo. 47 And 
Tho : Tricket is freed of his bond 

James RawHns acknowledged a Judgment of 14 C of pipe 
staves to Nicholas Hickman or the valew at 3' ^ m in other pay 
ex. stayed for 12 weeks 

Edward Colcord acknowledged a Judgment of ffity shillings to 
John Godderd 

Ordered that a true Inventory of John Whites goods be taken 
& brought in upon oath by m"" Smyth & m"" Nutter ... & they 
to pay or allow such Debts as they thinke Just & meete & the 
residue of the estate to rest in their hands the Inventory brought 
in & sworne according to order 

Robert Tuck & Thomas Wardall discharged of a bond of 50^ 
they stand bound in at Boston to apeare at this Court for Ed- 
ward Colcord at the suite of Clement Campian 

Ambrose ffaisey fined ten shillings for swearing 

Anthonne Emery for selling beare at 3*^ ^ quart 

George Walton for selling beer at 3*^ ^ quart 

Thomas Trickey for his wiefe 

Phillip Chestley for sundry matters fined 

M^ v.illiam walderne distreinged w*^ drinke 

An Inventorye of the goodes & Chattales of John white taken 
& praysed by william Everarde & Raignoldt ffernold [Amount 
of inventory, £4. 14. 6.] 

An Inventorie or Invoyce of such goodes or Chattalls that did 
belong or were in ^tnershupp betwene Roberte Mussell and 
John White. [Amount of inventory, £19. 14. 5.] 

These p^'sents doe witnes that I Robert Sawers of hampton 
have bargaind & solde, and by their p'"sents doe bargaine & make 
sale unto Nathanell Boulter of Exeter all my Right & title of 
lands & meadows which I bought of Lefetenant howard at hamp- 
ton (excepte foure acres of meadow which I formerlie I sould 



22 NEW HAMPSHIRE COURT RECORDS 

unto william marston and in consideration hereof the said 
nathanell Boulter hath solde unto me the house & all the lands 
W^ he bought of me the saide Roberte at Exeter, and 7 busshells 
& a halfe of Indian Corne, & thre busshells of pease and the 
^ticulers of the land w"^ by theis p'sents I have soulde unto 
nathanell Boulter are theis viz* foure acres of fresh meadow be 
it more or lesse, and foure acres of salte marsh be it more or 
lesse, and a house & house lotte conteyninge five acres of lande, 
& tenn acres of up land lyeinge at the end of the house lotte & a 
peice of upland lyeinge by mill brooke conteyning 8 acres be it 
more or lesse, with all writes & comonyes belonginge unto the 
said landes. To have & to holde unto him the saide nathaniell 
& his heires for ever. In witnes whereof I the said Roberte 
have heareunto sette my hand this 25*'' of Sept 1646 

Roberte Sawers his X marke 

witnes John Legate ann X Legate 

Concordat cum originale and acknowledged in the Courte 
held at Dover the 9*^ of the vii*'* month 1647 by Roberte Sawers 

Testified by me George Smyth recorder and by John Legat 
cleric 

memorand, That John Goddarde hatevill nutter & Thomas 
layton of Dover stande bounde to pay Joseph miller executors 
administrators or assignes the number of sixteen thousande 
five hundred of merchantable pipe staves made of white oak to 
be delivered at high water mark where a vessell of tenne tonne 
may conveniently come to lade them w^^'in the ^cincts & 
liberties of Dover at or before the xxiii*** Daye of June w"^ shall 
bee in the yeare of our Lord God 1648 as by a certaine writing 
under their handes & scales more at large Doth & maye appere 
Dated the xxi**' of September 1647 By me 

George Smyth recorder 

Memorand. that John Redman of Dover and John Goddard 
of Dover standeth bounde to paye Joseph Miller two thousande 
& six hundred of merchantable pipe staves made of white oak to 
be delivered at such time & place as abovesaide, as by a certaine 



NEW HAMPSHIRE COURT RECORDS 23 

writinge doth & may aperc . . , date the xxi*** daye of Septem- 
ber 1647 By me 

George Smyth recorder 
Memorand that Samuell haynes of Dover is to paye unto the 
foresaide Joseph miller eight himdred & a halfe of merchantable 
pipe staves white oake to be delivered at the time & place as 
afforesaide as by a certaine writinge more at large appeareth 
under his hand 

Att the Courte held att Dover the 7"^ of the J*-^ m° 1647 

Certaine Instructions & directions from James Woodward 
this 27^'' of the 4*^ m° Called June 1647 

Impr. John Sherborne owes me 5' to be payd on Michalmas 
Day next so Called, in the moneth of Septemb. w^ in Case It be 
not payd he must pay six pound 

It he sayth That he hath served m' Williams of Saco Almost 
A yeare for w"*" he Expecteth sevene pounds. 

whare Also he sayeth he hath Two Barrow swine of A yeare 
ould and better, Allso a Sow of the same age & Two yonge shotts 
of halfe a yeare ould. 

Itm he sayth That Tho: Warner oweth him 4' for worke of 
building 

Itm. Due to Thomas Warner for a Red wastcote 6^ 

Itm He sayth that he hath att m'' Williames thes ^ticuler 
things As A coate wastcote breeches 3 napkins w"*' 3 napkins w*^ 
the Rest of my Linine I give to Lyddia Williams. Itm he giveth 
to m"" Bachelor Twenty shillings. 

Itm he desireth to be Christianly buryed in case he dye And 
Afterwards what Remayneth of his estate he bequeaveth to 
William Chatterton whome he makes his Executor. Who also 
Appointeth the sayd m' Bachiler & Roger Knight to be overseers 
of this his sayd will & Testament That they see It ^formed 
Accordingly 

James X Woodward 
his scribbled marke 



24 NEW HAMPSHIRE COURT RECORDS 

Witneses to this Testamentory writeing Stephen Bachiler 
Roger X Knight his marke Andrew Heyfers marke 

Takne Into the Courte hild att Dover the lo*^ of the 7*'' m° 
1647 And the Courte Allowes of It to have It Recorded ^ me 

George Smyth recorder 

The seconde of the 9*^ month 1647 I m"" Edwarde Godfreye doe 
heareby Disalow of any letter of attorney whatsoever hearetofore 
made unto ... (in case he have any) and I doe proteste 
againste any letter that I made to him witnes my hande the daye 
& yeare afforesaid ^ me 

Ed Godfrey 

witnes George Smyth recorder 

To william Storer marshall 

You are heareby required to attach the bodye or goodes of 
Captaine Thomas wiggin and take good securitie of him to 
appear at the next Courte to be holden at dover upon the xii'^ of 
the nexte month to answere in Edward Godfrey & Anne his wiefe 
upon an action of the case for certaine Cattle taken away from 
the said Ann certaine yeares paste whereof not to fayle Dated the 
23 of the vi*"^ month 1647 ^ me 

George Smyth 

To all Christian people to whom this p'"sente writinge shall 
come Josepth miller of Dover sendeth greetinge in our lorde God 
everlastinge know ye that the saide Josepthe miller for good & 
valuable considerations him heareunto moevinge hath granted 
bargained & solde, and by these p'sents doth grante, bargaine & 
sell unto John Goddard of dover afforesaide all my estate right 
title & intereste of and in all that messuage or Tenemente in 
dover afforesaide whereon the saide Josepthe miller now dwell- 
eth, and five acres of lande or there aboute to the saide messuage 
belonginge or apperteyning, with all & singuler the appurte- 
nances (except certaine marshe grounde lyenge neer Oyster 
River) and also all my estate righte title & intereste of & in 



NEW HAMPSHIRE COURT RECORDS 25 

twentie acres of grounde given by the Inhabitants of the Towne 
of Dover als northam unto M'^ Thomas Larkham lyenge on the 
west side of the back River with the appurtenances, and also all 
my estate right title & intereste of & in that marshe or meadow 
grounde given by the Inhabitants of the Towne of Dover als 
northam unto the saide Thomas Larkham his heires & assignes 
lyenge & beinge on the westerlie side of the greate baye neere 
unto a Cove called the greate Cove conteyninge aboute thirtie 
acres Be it more or lesse in the possession of the saide Josepthe 
miller or his assignes except tenne acres of the saide xxx*'" acres 
granted hearetofore unto John Awlte by the saide Thomas Lark- 
ham and also one hundred acres of grownde lyeng on the Esterlie 
side of the saide marshe grownde also given by the Inhabitants 
of the Towne of Dover unto the saide Thomas Larkham his 
heires & assignes, as appeareth in the booke of Recordes of the 
Towne of dover ; and also togeather with all & singular writings 
& evidences concerninge the ^misses or any ^te thereof w*** the 
appurtenance To have & to hold the saide messuage or Tene- 
ments marshe grownd and all other the ^misses with the ap- 
purtenances (excepte before excepted) unto the saide John 
Goddarde his heires executors administrators & assignes for ever 
to the use of the saide John Goddarde his heires executors ad- 
minstrators & assignes evermore and the said Josepth miller for 
himselfe his heires executors & administrators doth covenante 
promise & grante to & with the saide John Goddarde his heires 
executors & administrators & to & with everie of them by these 
p''sents that he the saide John Goddarde his heires executors 
administrators & assignes and everie of them shall & may peacea- 
blie & quietlie have hold possess & enjoy the saide messuage or 
Tenemente marsh grounde & all other the premisses w*** the 
appurtenances (excepte before excepted) without the lawfull 
lette trouble objection of the saide Josepth miller his heires 
executors administrators or assignes or of any other ^son or 
^sons claiminge by from or under him In witnes whereof I the 
saide Josepth miller hath heareunto sette his hand & scale the 



26 NEW HAMPSHIRE COURT RECORDS 

one and twentieth daye of September in the yeare of our lord 
God 1647 

Sealed & delivered in the presence of George Smyth . . . 
parker 

The deposition of Thomas Johnson taken the 8 of the 9 (47) 

The deponente sayth that in the time of plantinge corne 
aboute fyve or sixe yeares now paste I was w'*> Captaine Thomas 
wiggin at a Courte holden at accamenticus at w"^ Courte Cap- 
taine wiggin had given him by a Jurie certaine cattle w"** m' 
Burdett had formerlie taken away from him the saide Captaine 
Thomas wiggin and this deponente further sayth that aboute 
thre Dayes after the saide Courte the marshall of accamenticus 
did deliver certaine Cattle unto the saide Captaine wiggin w*=^ 
Cattle Captaine wiggin delivered to this deponente & John Tut- 
tle & one other ^son (What Hur name was I vockette) to drive 
them towards dover, and when this deponente had gone some 
^te of the waye wente from them and this deponente also 
sayth that he nor the other did drive or take awaye any goates 
at all, but sayth that the marshall had some goates 

Thomas Johnson Jurat coram me George Smyth 

John Tuttle deposeth the same 

The deposition of anthonie Emery taken the v*'' of the 9 
month (47) at Dover 

The deponente sayth that he beinge one of the Jurye at the 
Courte holden at Dover w^ did begin on the vii**' of the vii*'' 
month (47) for the tryall of an action of the case between m' 
Edwarde Godfrey & Anne his wiefe plantifes againste Captaine 
Thomas wiggin defend for takinge awaye certaine Cattle from 
the saide Anne certaine yeares past The Jurie findes for the 
plantifes and give him one heyfor & two olde goates & two kyds 
with the increase of them since the time they have bine taken 
awaye from the plantife or foureteen pounds tenne shillings 
sterlinge, and this deponente sayth that he & the reste of the 
Jurye did finde for the plantife & did give him as afforesaide 



NEW HAMPSHIRE COURT RECORDS 27 

upon the oath & testimonie of one witnesse (namlie John alcocke) 
and the saide John alcocke did thinke that the saide mentioned 
hey for was worthe neer fiftie shillings as this deponente now 
remembreth, and as for the goates & kyds the deponente doth 
not remember that any veleure was given concerninge the worth 
of them and therefore he & some other of the Jurie did esteeme 
the saide goates xx« each to his beste remembrance 

Anthonie Emerey Jurat coram me George Smyth 

John Goddarde & John Redman deposed the same 
The deposition of James newitte & Thomas Bearde taken the 
8 of 9 month 

The deponents saye that they beinge at the howse of George 
Walton in Dover the ende of the Courte holden at Dover the J^^ 
of the 7 month (47) Chrystopher ... in their hearinge spake 
these wordes followinge that is to saye That he wished to w*"" 
draw two actions one againste m"" walderne & an other againste 
. . . because yf his cause were never soe good y* would fall 
againste him yf in Benefite Judge of the Courte 
James newitte & Thomas Bearde Jurat coram me 

George Smyth 
The 24**^ of the x*** month (47) Leifetenante william pomfrett 
Delivered unto Leonarde Buttells one ... for the use of m' 
Richarde Cutt of Strawberey Banke witnes 

George Smythe recorder 

Att the Court houldne the 7*^ of the 7''' m° 47 
The court ordreth That William ffurber shall have power to 
take such fynes as shall by the marshall Legally be levied for 
any such fynes or charges as shall be due to the courte, And 
what shall be received for the entering of Actions, And shall by 
him be disposed of to the satisfyeing of the ordenarey and other 
nesesarie Charges About the Courte and he to be redey to give 
An accounte of all such moneys as shall be so layd out by him. 
And If the fynes of the Court and the Cost of Actions entering 
shal not be sophisiant to defraye the sayd charges, Then the 



28 NEW HAMPSHIRE COURT RECORDS 

Courte hath ordered that the sayd WiUiam ffurber for the 
Towne of Dover shall demande of Dover And Henrey Sherbon 
for Straberey bank shall demande of the Inhabetants of there 
Towne to make A Rate to sattesfye the sayd charges, w"'' If 
the Townesmen shall neglect to doe within fourteene dayes after 
Demand made, It shall be lawfuU for the sayd William ffurber 
and Henrey Sherbon to levie upon the goods or chatels of Aney 
of the Inhabitants of there Townes to sattesfye the sayd courte 
charges. And to give An Accounte of what they have disbursed 
(To there Townes) when they shall be called there unto. And 
what charges about the courte m"" Smith shall make Appere that 
he hath formerly bine out, It shall be payd unto him Againe out 
of such moneys or moneys worth as shall be Received or levied 
as Aforesayde 

It is farther ordered that ffower men shall be made choyse of 
by the Towne of Dover and ffower men made choyse of by the 
habitants of Strawberey banke To have power givene unto them 
to consult to geither and conclude of the ^portionable shares 
That either of there Townes shall pay unto such publique 
charges As shall conserne both their Townes 

It is likewise ordred that Hampton Straberey banke and 
Dover shall send forth fower men to vew and lay out A Cuntrey 
highway betwen Hampton And Blodey point sophisiant for 
horse and men by May next upon the penaltye of ffyve pounds, 
And Robert Tuck and Edward Colcord are appointed for the 
Towne of Hampton, And William ffurber and Philip Lewis for 
the River, And the charge of the sayd highway Is to be payd by 
the three forenamed Townes 

The courte Aforesayd condemneth the Towne of Dover for 
the som of 5' for not makeing A bridg over Lamperell River Ac- 
cording as It was ordred by A former order made by this Courte. 
And the Towne of Exeter Is condemned by the courte In the 
som of fiftvetey shillings for there neglecte of there ^portionable 
share of the sayd worke According as It was ordred by the sayd 
courte 



NEW HAMPSHIRE COURT RECORDS 29 

And the Courte doth now order Againe That the Towne of 
Dover and Exeter shall build A sophisiant bridg over the sayd 
River for horse and men by the last day of May next ensueing 
upon the penalty of Ten pounds to the Towne of Dover, and 
ffive pounds to the Towne of Exeter And the courte hath ordred 
It That the Towne of Dover shall send Dubble the number of men 
To the work of the bridg as Exeter doth or pay dubble the price 
that Exeter shall pay towards the makeing of the sayd Bredg. 

It is farther ordred That Dover and the whole River shall 
pay lo^ for not building A Prison In Dover According as It was 
ordred by the Courte the 26*'' of the 6*'^ m° (46) And the In- 
habetants of the sayd River are by this courte Injoyned To build 
A Prison as It was formerly ordred by the 10*'' Day of the 7*^^ 
m° 1648 upon the penalltye of Ten pounds more. And the 
former Ten pounds to be levied by the marshall forthwith. 

A diferance of Accountes betwene Christopher Lawson and 
George Branson being hard and Agetated by the courte, and not 
ffully cleered for want of presant witnes. The courte doth de- 
termen that m' Smith and m"" Gibins shall heere Judg and de- 
termen the said diferance within one moneth next ensueing, 
And to give judgment and Execution upon there Determynation. 

The wife of Darbey ffield bringing A complainte Against 
Thomas Laton for Annoyance dun by cattle the courte ordreth 
That m"" Gibins and m"^ fTrances Matthews shall have the 
heereing of the complainte and Judge of It and determen 

The marshall Is Allowed by the courte out of the fynes for his 
paynes About the courte Twenty shillings 

It is ordred That there shall be A warrant granted out by 
m"" Smith for the Apprehending of Thomas Tare. 

It is ordred that m' Richard Cutts John Pickeren Hatevill 
Nutter and m"" Richard Waldron shall heere Judg and determen 
of All debts and accountes betwene Edward Colcord and the 
Towne of Dover within Two moneths next ensueing 

It is ordred That all the Creditors of William Waldren late of 
Dover deceased shall make there Appereance att the next 



30 NEW HAMPSHIRE COURT RECORDS 

Generall Courte att Boston to make there debts Appere, and to 
stand to the Determination that shall be there made by the 
sayd Generall Courte 

Walter Roper did Acknowledg before the courte that he had 
sould his house att Hampton to Robert Sawerd of Hampton 
And that the sd Saward had payd him A Coven, In part of pay- 
ment, And he ^mised to give him posesion of It. And that he 
should peasably Injoye It As is witnesed in courte by Joseph 
Armetage John Redman and Robert Tuck. 

Anthoney Emerey Is forbidene by the Courte to keepe Ahowse 
of com'on entertainement or to use common selling of Ale beere 
or wine, And If it shall Appere that he doth After the 15^^ day of 
this p'sant moneth he shall pay for every weeke w"^ he seleth 
beere Ale or wine Twenty shillings A weeke. 

It is ordered by the Courte that william wormwood & his 
wiefe shalbe removed of from the Isls of sholes from dwellinge 
there any longer then untill the xv'** day of October nexte 
ensuinge 

The wiefe of william wormewood beinge ^sented for disorders 
kepte by her at Starre Island w**" the fishermen, and beinge taken 
notice of for a com'on . . . The Courte doth fine her to pay x» 
and they desire the masters of the fishinge voyages to see that 
wormewood & his wiefe maye be paide their debts which are 
owinge unto them by the masters servants, and that m'' Godfrey 
& m^" Seeley doe take some order that there may be a house 
provided for them on the mayne, and that they maye be pro- 
vided for by the Inhabitants on both sides of the River equallie 
alike, If the saide wormewood & his wiefe shall fall to wante. 

ffines 

At the Courte holden at Dover the 7^^ of the 7^^ monthe 1647. 

Andrew heiser fined in x« for beinge distempered withe drinke 
and abusinge the Townsmen & constable in a deboiste manner 

Roger Knights fined v« for sellinge beere for iii'' a quarte 

John Crowther fined in x" for beinge distempered in drinke at 
a Towne meetinge, beings at that time a Townsman 



NEW HAMPSHIRE COURT RECORDS 31 

knowe all men by these ^sents that I Richarde Cater some- 
time dwellinge in pascataway doe by these ^sente sette lette & 
assigne over unto my trustie and welbeloved friende Mathew 
Giles dwellinge in Oyster River, and doe by these ^sents give 
grante & sette over unto my trustie beloved friende Mathew 
Gilles my fouresaide messuage and Tenemente lycngc & belnge 
in ^scataway river lyenge upon pine pointe to him and his 
heires for ever peacealily to Injoye, and this I doe affirme to be 
my acte and deed under my hand this 24^^ of June 1648 

this is X Richarde Caters his marke 
witnes william hilton Edwarde Calcord Jonas Bymis 
Recorded by me George Smythe recorder 

The thirde daye of the v*'' month 1648 Edwarde Calcorde of 
hampton for good considerations bargained & solde unto Edward 
Starbuck and his heires and assynes for ever all that ^cell of 
grounde or Islande called or known by the name of Umbumba- 
tucke or Edwarde Calcords Island lyenge and beinge or near 
adjoynings unto the northerlie side of Lampraye River w''^ all 
liberties & priviliges thereunto belonginge witness his hand & 
seale the daye & yeare above written 

Edwarde Calcorde 

Sealed & delivered in the ^sence of humfrey Chadburne 
Roberte monney hatevill nutter 

Recorded by me George Smyth recorder 

Know all men whom it maye concerne that I John Burslye 
have solde the one halfe parte of my fTerme at hampton unto 
James Wall witnes my hand this ^sente v*** of maye 1649 

John Bursley 
In the ^sence of Edwarde Starbuck Jeremy Sheares 
acknowledged before me the v**' of the 3 month 1649 

George Smyth recorder 

know all men whom it maye concerne that John Bursley hath 
solde unto John hurde of sturgeon Creeke certaine houses & 



32 NEW HAMPSHIRE COURT RECORDS 

sondrye ^cells of up lande & marshe grownde lyenge at Exeter 
whiche he boughte of George Barloe with the corne growinge 
upon the said upland 

acknowled the 4 of the 5*^ month (49) before me 

George Smythe recorder 

know all men by these presents that I John Burslye, late of 
Exeter in consideration of an execution granted at Salisburye 
Courte laste & eighte pounds xiii^'' dew to Josepth Armitage, and 
assigned to Edwarde Gilman have solde unto Edwarde Gilman 
of Exeter all the lande that I boughte of George Barloe, that is 
to saye, two house lotte with the house in it, and tenne acres of 
lande more or lesse, without the house more or lesse lyenge next 
unto Thomas kings which was latelye nathaniell Boulsters, 
one house & lotte that was Balthasar Willixe, one house lotte 
that was John Tides, one house lotte that was henrye Tobies, 
with all the meadowes upon Exeter River belonginge to these 
house lotts, and all the privileges belonginge to these house 
lotte, two house lotts next unto Thomas Beggs lotte with the 
meadow belonginge to it upon the River; and the saide John 
Burslye doe by these presents grante bargaine and sell unto the 
saide Edwarde Gilman all these above specified to him and his 
heyer for ever, provided that John Burslye shall paye unto 
Edwarde Gilman fyve shillings a weeke In worke at two shillings 
. . . daye, or else in timber to my satisfaction at prise currente 
untill the afforesaide debte be satisfied, then this ^sente writinge 
to be of none effecte, or else to remaine in full force & strength, 
further its agreed that John Bursley shall not paye any rente 
for the house & two lotts that were Nathaniell Boulsters, at that 
which was Littlefield he to have the use of them freelye, provided 
he doe ^forme this Covenant In witnes whereunto I have sette 
my hande this 12*** 8*'' month 1649 

John X Burslye his marke 

Signed & deliverd in the p-'sence of us Roberte Saltonstall 
George Smythe 



NEW HAMPSHIRE COURT RECORDS 33 

This deed was acknowledged by John Burslye to be his act 
& deed the xii*'' of the 8*^ monthe (49) before me 

George Smythe 

Actions at the Courte at Dover the vii"' of the vii'^' month 1647 

Captaine ffrancis Champernowne plantife againste the goodes 
& chattalls of m"" william paine in an action of the case for takinge 
awaye & deteyning of foure oxen from the plaintife 

The Jurye findeth for the plantife that the foure oxen were 
eleagallye taken awaye, for w*'*' they alowe to the plantife twen- 
tie two pounds damages & costs of the courte & charges for two 
witnesses 12* 

The defendante appeales to the next quarter Courte at Bos- 
ton, Roberte Lorde of Ipswiche and arthur Clarke of Boston 
stande bounde for the Defendants ^secution at the quarter 
Courte in the some of ffourtie foure pounds. 

M'' Nicholas Browne plantife againste Josepthe Austine De- 
fendante in an Action of the case for not ^formance of Cove- 
nante for planks to his greate damage 

The Jurye findee for the defendante. Costs of the Courte and 
for witnesses xiii^ iiii*^ 

Josepthe Austine plantife againste m"" Nicholas Browne in an 
action of the case for layenge an attachmente upon him of 99' 
to his greate Damage 

The Jurye findes for the plantife. Damages thre pounds starl- 
inge and costs of the Courte and for witnesses xx^ 

John pickeringe plantife againste James Johnson defendante 
in an action of the Case for cuttinge of marshe grounds 

The plantife doth withdraw his action, and is Judged to paye 
the costs of the Courte, the costs alowed by the Courte is Twen- 
tie shillings 

Thomas Bearde plantife againste Christopher Lawson in an 
action of the case for defaminge his estate and abilitie 

The Jurye finds for the plantife fyve pounds damage and costs 
of the Courte & witnesses xx* 



34 NEW HAMPSHIRE COURT RECORDS 

Christopher Lawson makes his appeale to the nexte Courte of 
Assistance at Boston 

The xvi**' of the vii*'' monthe 1647 Christopher Lawson doth 
acknowledge himselfe to stande bounde unto Thomas Bearde in 
the some of x^ sterlinge to ^secute his appeale above specified, 
and to satisfye what the saide Thomas Bearde shall recover 
againste him. 

acknowledged before me George Smythe 

Thomas Tayre plantife againste John marten and hester his 
wiefe in an action of slander and defamation 

Thomas Tayre nonsuited, and x* costs alowed to the Defen- 
dante and xx« charges. 

M'" Edwarde Godfrey, & anne his wiefe, plantifes againste 
Captaine Thomas wiggin defendante, in an action of the case 
for takinge awaye certaine cattle from the saide Anne certaine 
yeares paste. 

The Jurye findes for the plantife, and give him one hey for, 
and two olde goates and two kyds, with the increase of them 
since the time they have bine taken awaye from the plantife 
or ffoureteen pounds tenne shillings sterlinge and costs of 
Courts. 

Captain Thomas wiggin makes his appeale to the next Courte 
of assistance at Boston 

Captaine Thomas Wiggin in Courts acknowledged himselfe to 
stande bounde unto m' Edwarde Godfrey in the some of Twentie 
niene pounds to ^secute his appeale at the nexte Courte of 
Assistance at Boston, and to satisfie what damages the saide 
m' Edwarde Godfrey shall recover againste him the saide Cap- 
taine Thomas wiggin 

Thomas Roberts and henry Tibbots plantifes againste Cap- 
taine ffrancis Champernowne in an action of trespass upon the 
case for molestation aboute marshe grounde 

The Jurye findes for the plantifes yeat they to beare their 
owne costs by reason of the defendants kindeness in his firste 
consente that the Towne shoulde enjoye the meadow 



NEW HAMPSHIRE COURT RECORDS 35 

M' John Treworthie plantife againste m'^ Nicholas Browne in 
an action of the case of debts of xxx' 

The Jurye findes for the plantife twentie one pounds niene 
shillings eight pence sterlinge, and fyve pounds damage and the 
costs of the Courte the costs alowed by the (^ourte is xx^ with 
the entrey of the action 

Joseph Austine plantife against m"^ Nicholas Browne in an 
action of the case for none payment for Certaine boards & 
plankes 

The Jurye findes for the plantife niene pounds seventeene 
shillings niene pence damage, and costs of the Courte and for 
witnesses xx« 

Baltezasor willix plantife againste John Legate and humfrey 
wilson defendants in an action of trespass upon the case for their 
hoggs spoyling & eatinge of his Corne 

The Jurie findes for the plantife xxv bushells of merchantable 
Indian corne, or foure pounds seaven shillings sixe pence money 
to be paid the viii^*" daye of the viii**' month nexte ensuinge, and 
costs of Courte, and for witnesses xxiiii» 

Thomas Biggs & hester his wiefe plantifes againste John 
Smarte & Margaret his wiefe in an action of slannder 

The Jurye findes for the plantifies ii« damage & costs of suite 
the costs of suite alowed by the Courts is for witnesses xiiii' 

henrye Robey plantife againste Thomas kinge in an action 
of debts for meadow 

The Jurye findes for the plantife fToureteen hundred of mer- 
chantable white oake pipe staves to be delivered at the water 
side at Exeter at high water marke where a vessell maye receive 
them by the first of March nexte or five pounds sterlinge in case 
the pipe staves be not delivered and the costs of suite 

the costs for Christopher Lawson alowed by the Courte is v» 
and for humfrey wilson and John Legate y apeece. 

John Legate plantife againste Baltehasar willixe & James wall 
and margaret his wiefe in an action of the case for usinge crueltie 
to his swine 



36 NEW HAMPSHIRE COURT RECORDS 

The Jurye findes for the plantife v^ damage & costs of the 
Courte & for witnesses x^•iIi^ 

Thomas Johnson plantife againste Christopher Lawson in an 
action of the case for defaminge of his estate & creditte, and for 
exaction or opression, the cause put to arbitration. 

John Tayre plantife againste Thomas Johnson in an action of 
the case for slannder & defamation 

The Jurye findes for the plantife tenne shillings damage & 
costs of the Courte alowed for enteringe the action x^ for two 
witnesses livinge in Dover each 6<^ and for a somons 2^^ & servinge 
it 6^ & for the plantife attendance . . . 

Thomas Bearde plantife againste Christopher Lawson in an 
action of the case for none paymente for cullinge of 26 thousande 
and A halfe of pipe staves and makinge of a rafte 

The Jurye findes for the plantife twentie thre shillings damage, 
and the Costs of the Courte, costs of the Courte & for witnesses 
alowed xx« 

Christopher Lawson plantife againste Thomas ffurson in an 
action of debte for pipe staves 

The Defendante appeared not, the Courte alowes to the plan- 
tife XXV' 

At the Courte helde at Dover the 3 of the 8*'^ month (48) 

John Webster plantife againste a house & lande of Clement 
Campion at Strawberey banke in an action of the case for not 
^forming his grante & bargaine of a house w**" the appurtenances 
lyenge & beinge at Strawberey banke & viii acres of upland there- 
unto adjoyninge 

this action is continued untill the nexte Courte 

^ curia George Smyth recorder 

Roberte hethersaye plantife againste Christopher Lawson in 
an action of the case upon accompte for a boate ladinge of pipe 
staves & boghead staves received at Boston and also for pipe 
staves received at Exeter and for wine received at Exeter, & 
many other thinges 



NEW HAMPSHIRK COURT RECORDS 37 

The Jurye doth finde for the defendante, »S: i,a\'e him \" dam- 
age, & for Costs of Courte & for witnesses . . . 

AT'" Richarde walderne plantife againste John merida in an 
action of the case for takeinge or carrieinge awaye certaine pipe 
staves of the saide Richard walderne. 

The Jurye doth finde for the plantife & give him thre thou- 
sande of pipe staves, or else to paye niene pounds & xv^ & costs 
of Courte x» 

John Mayse [Moses] & Alice his wiefe plantifes againste 
Nicholas Roe and Elizabeth his wiefe in an action of the case of 
slannder, for that the said Elizabeth Roe saide that the saide 
Alice was George . . . whore 

The Jurye dothe finde for the plantifes & give them v' damage 
& costs of Courte, and for Elizabeth Roe to acknowledge that 
she did wronge in the publike meetinge house one daye at Dover, 
& an other daye at Strawberey banke, and that yf she denye to 
make that acknowledgment she is to forfeite fyve pounds, and 
that to be done w*''in one month & Costs of Courte x« for at- 
tendance & witnesses xii^ ix^^ . . . 

Phillip Lewis plantife againste henrye Langster in an action of 
trespass for cuttinge a certaine ^cell of marsh grounde lyenge 
near the fferme of Captaine fifrancis Champernoune 

The Jurye doth finde for the plantife ii« damage & costs of the 
Courte . . . the marshe within the Creeke next winacott river 
nexte to the mouth of the Creeke on both sides of the same, to 
the very ende of the . . . marshe nexte the mouth of the Creeke 
w^ is aboute 5 acres w"^ he formerlie made use of. 

George Watson plantife againste the goodes of Roberte 
heathersay in an action of the case for carrienge awaye certaine 
bolts & pipe staves to the valew vii^ 6 pence aboute a creeke 
caled m' mathewes creeke The attachment executed upon hog- 
head staves not farre from the house of John Awlte. 

The Jurye doth finde for the plantife, for bolts 8^ 4<^ and for 
damages xx^ & costs of Courte x^ and alowed for two witnesses 
one daye iii' for execution ii« in all 43^ 4'* 



38 NEW HAMPSHIRE COURT RECORDS 

Thomas williams & John moyses [Moses] plantifes againste 
Nicholas Roe in an action of the case for none paymente of 
money or goodes for m.akinge a fence with posts & railes. 

The Jurye doth finde for the plantife 19'^ a Rodd, w**' costs of 
Courte Costs of Courte x« attachment & servinge it ii' iii"* 
witnesses iii^ 

Thomas walforde & Jane his wiefe plantifes againste nicholas 
Roe and Elizabeth his wiefe in an action of the case for slaunder 
for that the saide Elizabeth Roe saide that the saide Jane was a 
witche. 

The Jurye doth finde for the plantife ii^ damages, & costs of 
Courte and also that Elizabeth Roe shall acknowledge that she 
did the said Jane wronge, one daye in the publike meetinge at 
Dover, and one other daye at Strawberey banke, and that yf she 
denye to make this acknowledgmente she is to forfeite fyve 
pounds, and this to be done within one month Costs of Courte 
X* for attachment & witnesses xii^ ix^ 

Roger Knighte plantife againste m"^ Richarde Cutt in an action 
of trespasse upon a certaine house & lande of his at strawberey 
banke 

The Jurye doth finde a non liquit 

William Wormewood plantife againste the goodes of John 
Batten in an action of debte for the some of iiii' x* 

The Jurye doth finde for the plantife iii' xii' damage & costs 
of Courte. Costs of Courte x^ for the plantifes attendance, 
witnesses & servinge the attachment x^ 

M' Richarde Cutt plantife againste Captaine ffrancis Cham- 
pernoune concerninge a horse taken out of his house at straw- 
berey banke. 

The Jurye doth finde the horse to be Captaine Champer- 
nounes, and likewise finde that there was a trespasse committed 
in takinge the horse out of the possession of m' Richarde Cutt, 
beinge in the possession of the saide Richarde Cutt by a by 11 of sale. 

At the Courte at Dover the 3 of the vii*'' month 1648. 

John Crowther doth acknowledge himselfe indepted unto 



NEW HAMPSHIRE COURT RECORDS 39 

Roger knight in the some of iiii' viii" and doth acknowledge a 
Judgement tliereof in Courte 

yt is ordered at the saide Courte that F-^dward Colcorde is not 
to plead any cause this Courte excepte it be his owne. 

It is ordered by the Courte that the whole estate of Thomas 
williams to the valew of xx' is to be attached for ^formance of 
the paymente of iii' the weeke for the keeping of the bastarde 
childe of Judith ellyns (he beinge the reputed ffather of it) untill 
the nexte Courte to be holden at Dover, and also iii« the weeke 
since the time of her deliverie, and also to appear at the nexte 
Courte, to be holden at Dover, and in the meane time to be of 
good behaviour 

It is ordered by the Courte that noe ^son or ^sons within the 
liberties of Dover strawberey banke & starre Island shall sell 
any wine w^'^out order of Courte, upon the penaltie of the lawe, 
and yf any ^son or ^sons shall ofend therein, a warrante shalbe 
granted to apprehend such ^son or ^sons to enter into bonde 
not to sell any more wine under the paine of xx^ the weeke. 

It is ordered by the Courte that anne Wormewood apprentice 
of the wiefe of John Crowther, is freed from any more service 
to be done by her to the Crowther or his wiefe, and that by 
consente of the said John Crowther & his wiefe. 

It is ordered b}^ the Courte that Elizabeth wiefe of nicholas 
Roe is to be openlie whipped for sundrye misdemeanours for 
which she standeth ... & otherwise testified against her 

she was whipped accordinge to the said order 

It is ordered by the Courte that Judith Ellyns shalbe severelie 
whipped for her bastarde Childe, but in regarde of her weaknes 
of bodye & her . . . beinge weake her punishmente afterward 
was remitted. 

It is ordered by the Courte that James Johnson have libertie to 
sell a pipe of wine, w"'' for the ^sente is in his costody. 

It is ordered by the Courte that warrants shalbe granted 
against certaine of m"" Lanes men for misdemeanours comitted 
by them to be examined by m' wiggin & m' Smyth, and that 
they shall have power to binde them over to the nexte Courte to 



40 NEW HAMPSHIRE COURT RECORDS 

be holden at Dover or otherwise to deale with them as they 
shall see cause accordinge to lawe 

for as much as the mentioned misdemeanours were com'itted 
onelie against m^ Lane, whoe was contente to passe them by & 
not willinge to have his men bounde over & otherwise questioned 
for the said misdemeanours nothinge was done therein. 

Thomas Canney is ordered by the Courte to be Constable of 
Dover for one yeare & untill an other be chosen, and to take his 
oathe before m'' Smythc sworne before me George Smythe. 

At the Courte at Dover the 3 of the 8 month (48) 

It is ordered by the Courte that Henry Taylor shalbe safely 
kepte & sente to Boston Goale forthwith, there to remaine untill 
the nexte Courte of assistance at Boston to answere such 
^sentments for which he was ^sented at this ^sente Courte 
at Dover the 6*^ of the 8*^ month (48) 

sent to Boston accordinge to order 

It is ordered by the Courte that Anne the wiefe of John Crow- 
ther shall forth with be safelie kepte, and soe soone as he health 
may ^mit to be sente to Boston Goale there to remaine untill 
she maye answere such capitall matters & misdemeanours as 
shalbe objected againste her 

she made an escape from the Constable 

at the Courte abovesaid Edwarde Starbuck doth binde him- 
selfe to this Jurisdiction in the some of fourtie pounds for his 
^sonall appearance at the nexte Courte of assistance to be 
holden at Boston upon the firste Teusday in december nexte 
then & there to answere for such offences & misdemeanours as 
hath bine by him comitted againste the law concerning Anabap- 
tis, and furthermore the saide Edwarde starbuck doth stand 
bounde in the some of tenne pounds to this Jurisdiction afore- 
saide that he wilbe of peaceable & good behaviour towards all 
men & especiallie towards the Reverend teacher of Dover. 

It is ordered by the Courte that George Walton shall bringe 
in all his accompts for the diett of the Courte & Juries unto 



NEW HAMPSHIRE COURT RECORDS 4I 

m"" Smythe & m'' Gibbins & henrye Sherbourne which beinge by 
them examined and alowed the marshail of Dover shall give 
power by warrante from m' Smyth to leavie soe much as shalbe 
dew as afforesaide to the saide George Walton, which saide leavie 
shall be laid upon Corne or Cattle to be prised (yf occasion soe re- 
quire) by two indifferente men to be chosen by the ^ties whoe 
together with the marshail or a thirde man by them appointed 
shall conclude the prises of such Corne or Cattle as afforesaide, 
and it is provided that in case such some or somes as shall be 
dew to the saide George walton be not paide by the Townes 
respectively w*^in the space of one month after notice given to 
them by m"^ Smyth that then the saide marshail shall have 
power to leavie soe much upon the goodes or chattalls of any 
Inhabitant or Inhabitants within the Jurisdiction of this Courte 

and it is further ordered that the Inhabitants of strawberey 
bank shall pay one thirde parte of such moneyes as is dew to 
m' Smyth for Courte & publik charges, which doth appear by 
his accompt & is alowed by the Inhabitants of Dover. 

presentments at the Courte holden at Dover the 3 of the 8^^ 
month (48) 

The grand Jurye p'^sented Christopher Lawson for sayeing 
unto George Branson at Captaine Champernouns house your 
friende m"" Bellingham will come noe more to Dover Courte, 
for the actions that were then did all apeale for there was none 
of the Jurye but a companie of fifissher men, excepte two or 
thre which were fitter for Clapboards then for any thinge else. 

At the saide Courte the grand Jurye ^sented that phillip 
lewis likewise doth affirme that at the same time, at the saide 
Captaine Champernouns he saide to phillip lewis you have wise 
Courting at Dover, I doe Beleeve that m"" Bellingham will come 
noe more amongste you, for moste of your actions are turned 
upside downe, and that he hoped to bringe us to hampton. 

The grand Jurye at the saide Courte ^sented Christopher 
Lawson for takinge a bottle of wine out of George waltons cask 
in his seller, william ffurbur speakinge unto Christopher Lawson 



42 NEW HAMPSHIRE COURT RECORDS 

at it, he did revile him & saide yf he had bine in Boston he would 
have bine kicked out of the roome, & the bottell staved aboute 
his eares, and at Boston he gered the Constable & sayd why 
did you fine me, for I had as greate a hande in takinge it as 
Armatage had 

witnes william ffurbur constable 

yt is ordered by the Courte that the ^sentment above written 
againste Christopher Lawson should be referred to the consid- 
eration, & to be determened at the Courte at Boston onelie 
m' Richarde Saltonstall did discente for the transferinge of the 
same ^sentments 

The grand Jurye ^sented George Taylor for frequenting the 
house of John Crowther beinge formerlie forewarned by the 
saide Chrowther, & it is affirmed by the complaint that the 
saide Crowther hath threatned to shoote the saide Taylor yf 
he tooke him anye more in his house, notw^^standing the saide 
Taylor hath come unto his house as often as he pleased. 

The grand Jurye ^sented Thomas williams for a fame of 
comitting fornication w**' Judith Ellyns of strawberey banke 

and also ^sented Judith Ellyns for a fame of comitting forni- 
cation with Thomas williams. 

The saide grand Jurye ^sented Edwarde Starbucke for a 
fame for disturbing the peace of the Church 

Edwarde starbucke admonished for the same & be discharged 
^th [\b y[d fee 

The saide grande Jurye presented Edwarde Starbucke for 
denyeing to Joyne with the Church in the ordnance of baptisme. 

The saide grand Jurye ^sented John Reynolds & his familie 
for the neglecte of the publik ordinances upon the lords daye. 

The grand Jurye ^sented John Batten for beinge disteinged 
w*'' drinke & for fighting & quarreling upon the lords daye in 
time of meeting about the 12 of December upon starre Islande. 
fined for all xx" 

The grand Jurye ^sented that Anne Crowther & John 
moyses do affirm that the wiefe of nicholas Roe upon divers 



NEW HAMPSHIRE COURT RECORDS 43 

supposed wronge clone unto the said John moyscs he did threaten 
her to have her to the Courte upon which she answered, the 
Courte should kiss her arse, and further sayde at an other time 
she shoulde doe God as good service to kill the ... as felton 
did to kill the Duke 

The wiefe of Roe was openlie whipped for the same & some 
other speeches. 

at the Courte 3 of the 8*^ month (48) 

The grand Jurye p'sented henry e Taylor for beinge Drunke: 
fined for it x" 

The grand Jurye ^sented upon the complaints of Jonas Claye 
& Christian Cande againste Anne Crowther for misusinge her 
maide by severe punishments, as they will more plainely 
relate : 

her maide was freed by order of Courte from doeinge anne 
Crowther any more service, as by the saide order maye appear 

The grand Jurye ^sented Thomas williams for wilfull sellinge 
of wine without order, & still continueth therein to the evill 
example of others whoe follow his steps, fined for the same 40" 

The grand Jurye also ^sented Thomas williams for suffering 
drunkeness in his house, fined for the same x« 

The grand Jurye ^sented the wiefe of Thomas Steephenson 
for sweringe twyse by God, witnes william Bucknere Constable 

The grand Jury ^sented John Crowther for sayeinge that his 
wife was a whore, & that his girle tolde him that henry Taylor 
hath bine severall times with his wiefe with manye other bad 
matters which wilbe further witnessed by moste of the In- 
habitants of strawberey bank also that the saide henrye Taylor 
with the wiefe of John Crowther hath after a moste marked 
manner purloyned the goodes of the saide John Crowther, the 
saide John Crowther hath publikelie related that himself, and 
hath saide that he woulde prove all by sufficient witnesses 

we doe desire that the Courte would be pleased to send for 
those under named for witnesses whoe ma speake more con- 



44 NEW HAMPSHIRE COURT RECORDS 

cerninge the matters afore named viz^ Jonas Claye Harve 
abbote Roberte Davis servante of henry Taylor anthonie 
Brackette ffrancis Rande 

Jonas Claye Robert Davis ffrancis Rande & his wiefe did 
come to dover & testified conc'ing the former ^sentmente and 
were to have for their coming alowed by the Courte out of 
John Crowthers estate xxix* 

William Storer Clarke for the trayned band of Dover sworne 
the v*** of the vi**' month before me George Smyth 

know all men by these p''sents that I George Barloe of Exeter 
doe acknowledge my selfe to owe & be indebted unto Edwarde 
Gillman the some of thirteen pounds twelve shillings & foure 
pence w^ is in parte of paye of a Covenante bearing date the 
20 december (49) for the treu & sure ^formance of the same 
paye according to Covenant I the said George Barloe doe mort- 
gage unto Edwarde Gillman one black Cowe w"** I bought of 
Richarde Swaine with a Calfe by her side and browne Cow 
which I bought of John . . . and a brindel Cow bought of 
John Bursley which henrye Green tooke from me at John 
Crames, one sanded sowe with foure shoots, the Cow that henry 
Green took away George Barloe is to try the tytle of, at his 
owne Charge: Provided the saide George Barloe shall pay or 
cause to be payd unto Edward Gillman or his assignes the some 
of thirteen twelve shillings and sixe pence accordinge to Cove- 
nant or make good any just damage Edwarde Gillman shall 
sustaine thereby, then this mortgage to be voyde & of none 
effecte, or else to remayne in full force & strengthe 

George Barloe 

signed & del'ed in the p-'sence of Joseph armitagc ffrancis 
Trickey 

Recorded the ... of the i m° 1640 

Actions entered & tryed at the Courte held at Dover the 
S'^ of the 8"' month 1649 viz* 



NEW HAMPSHIRE COURT RECORDS 45 

James Johnson plantife againste Thomas Johnson in an action 
of the case upon accompte for dyette & worke. 

The Jurye finde for the plantife 9' 16" damage and costs of 
Courte: Costs of Courte & witnesses 36' 3"^ tot: 11' I2« 3*^ execu- 
tion granted for 11' I2« 3*^ & ii^ for the execution beside the fees 
for the marshal! for execu tinge the same. 

James Johnson plant againste Thomas Johnson in an action 
of the case for not ^forminge the payment of 1500 of red oak 
bolts 

The Jurye finde for the plantife x' x'' damage & costs of Courte 
Costs of Courte for entering the' action o-io-o 

ffor 3 witnesses 3 dayes at ii" ^ daye 0-18-0 

fifor the attendance of the plant 3 dayes 0-06-0 

ffor an attachment & serving it 0-02-3 



2-16-3 

lO-IQ-O 

12-06-3 



Execution granted for 12' 6^ 3'' and ii^ for the execution besides 
the marshalls fee ii'' 

Thomas Johnson plantife againste James Johnson in an 
action of the case for an accompte for payment of certaine 
porke Corne worke & else. 

The Jurye finde for the plantife 13' P and costs of Courte 
Costs of Courte & witnesses i' 16" 3*1 tot. 14^ 17^ 3'^ 

The 30"* of the i month (50) execution beinge granted for the 
marshall to leavie of the goodes & cattails of Thomas Johnson 
in parte of the some of 14' 17^ 3^^ before specified, to satisfie 
James Johnson the some of 12' 6m "^ for a verdict granted him at 
the Courte above written The saide marshall leavied the some 
of 12' 6« I'' to satisfie James Johnson of the 14' 17^ 3 the saide 
Thomas Johnson had a verdict granted him againste James 
Johnson at the Courte before specified 



46 NEW HAMPSHIRE COURT RECORDS 

Nicholas Roe plantife againste Jonas Claye in an action of 
the case for killinge a Cow of his 

The Jurye finde for the plantife . . . him vii' x' damage and 
Costs of Courte 

Costs of Courte alowed by the Courte . . . the ^ticulars 
of his byll of charges doth appear the some . . . i« x<^ tote xi' 
xi' . . . 

Anthonie Emerey & ffrancis his wiefe plantifes againste 
George web in an action of slaunder & defamation for that the 
saide George web saide that the saide ffrancis was a witch 

The Jurie doth finde for the plantifes & give them x' Damage 
& costs of Courts, and likewise that George web shall on the 
nexte lords daye make a publike acknowledgement that he did 
the plantife ffrancis wronge, in the ^sence of the assemblie, 
and also shall make the like acknowledgmente upon one other 
lords daye within one month after, and in case he doe not 
^ forme the said acknowledgements he is to paye the said 
plantifes v' 

Costs of Courte 17* 9^^ damages lo' tot. i' 7" 9*^ 

Richarde pincombe plantife against John Roberts in an 
action of assalt and batterie 

The Jurie doth find for the plantife & give him fyve pounds 
xii« iiii*^ and costs of Courte. costs of Court is 21" 3'* 

Costs of Courts is for entering the action lO' for two witnesses 
3« for the attachmente & servinge ii" iii*^ for 3 dayes attendance 
of the plantife vi« tot. 6' 14" 7'^ 

Cap* nicholas Shapleigh plant againste Thomas Trickey in 
an action of debte dew by byll. 

The Jurie doth finde for the plantife, & give him iii' i" and 
for the plantife to paye costs of Courte, beinge 8' for 4 dayes 
attendance 

M' Richarde Cutt plant againste william pomfrette in an 
action of the case for not makinge or ^forminge a good sale of 
a horse accordinge to a certaine writinge hearetofore made by 
the said william pomfrette unto the saide Richarde Cutt, 



NEW HAMPSHIRE COURT RECORDS 



47 



The Jurie doth finde for the plantife & give him vii' x" 
damage with xx^ for forbearance, besides the costs of Courte 

Costs of Courte alowed is xviii' vii'^ tot. 9' 13' 3'' 

William Wormewood plant againste m' John Seley in an 
action of the case for non paymente of certaine money, as beinge 
administrator to m' nicholas Browne deceased 

The Jurie doth finde for the plantife & give him 13' 15' 3** and 
costs of Courte 

The Courte doth discente from the verditt of the Jurye 

M' Sampson Lane plantife againste a bark of m' Richarde 
Cutt & m' John Cutt in an action of the case upon accompte, 
yf the saide bark be John Cuts, and in an action of the case for 
a Judgement obtayned by Thomas Savage yf the barke be 
Richarde Cutts 

The Jurie doth finde for the plantife, that m' John Cutt is to 
give unto m"" Sampson Lane an accompte of 24 pipes of wine & 
costs of Courte and doe also finde the barke to be m' John 
Cuts 

The Courte doth discente from the verditt of the Jurie 

M' Sampson Lane plant againste Thomas Turpine in an action 
of debte. 

The Jurie doth finde for the plantife & give him xx' vii" vi** 
damage and costs of Courte. 

Darbey fifielde plantife againste John Shawe in an action of 
debte of 105' 9" 4^^ 

whereas John Shawe was attached, and a bonde of 150' 
given for his appearance, and for wante of his appearance the 
bonde is forfeited 

In an action that Joseph Ermitage brought againste George 
Branson at hampton Courte the 2 of the 8 month (48) it beinge 
referred to the nexte Courte at Dover with the consente of the 
plantife, upon hearinge of the cause at Dover before the Jurie 
in Courte. 

The Jurie doth finde for the Defendante & give him costs of 
Courte Costs of Courte alowed by the Courte viz* 



48 NEW HAMPSHIRE COURT RECORDS 

ffor 5 dayes attendance at Hampton Courte for him- 
self and 4 witnesses at ii^ each ^ diem is 2-10-0 

Itm at Dover Courte for himselfe & 2 witnesses for 5 
daies attendance at 2^ each ^ die is i-io-o 

ffor a copie of the records of the Courte at Hampton 
paid m' Bradberey 0-02-6 



4-02-6 



M' John Seley plantife againste Thomas Canney in an action 

of the case for takinge or deliveringe certaine pipe staves of his 

at Newichawanocke 

The Jurie doth finde for the plantife & give Him xii' and 

costs of Courte 

Josepthe miles plantife againste John Reynolds in an action 

of debte for not ^formance of an awarde upon a bonde of 

x' to stand to the awarde made by Hatevill nutter & John 

Baker 

The Jurie doth finde for the plantife & give him x' damage 

and costs of Courte. 

fifor enteringe the action lo^-O'^ 

ffor His attendance 4 dayes 08 -o 

ffor 4 witnesses at ii" ^ man 08 -o 

ffor the attachmente & serving it 02 -3 

28-3 

Thomas Willey & margarette his wiefe plantifes againste 
william Seavie in the behalfe of themselves & Sarah Crawforde 
one of the daughters of Stephen Crawforde deceased & the saide 
margarett, in an action of ffiftie pounds in his hands or costodie 
w"*' was the money or goodes of Susan Crawforde deceased an 
other of the daughters of the saide Stephen Crawford and the 
saide margarett. 

This action is ordered by the Courte as by the order thereof 
doth appear 



NEW HAMPSHIRE COURT RECORDS 49 

George walton plant againste william palmer in an action of 
the case for none paymente of certaine pipe staves by byll. 

The action entered but noe apparance. 

Whearas nicholas Roe did som'on Thomas williams & John 
moyses to appeare at this Courte, and did not enter his action, 
it is therefore ordered that he shall paye John moyses for his 
charges vi* viii"^ 

wheareas the servante of Thomas Trickey havinge attached 
certaine money in his masters hande for wagis dew to him by Sir 
david kirke knight but did not presente the same 

yt is therefore ordered that the said . . . shall paye ('aptaine 
Shapley vi^ vili'^ for not prosecuting his action against Cap* 
Shapley at this Courte at Dover the 8^^ of the 8 month (49) 

Mistris Susanna Whittinge plantife against James Rawlins 
in an action of the case for none paymente & carrienge of cer- 
taine pipe staves bolts & else. 

This action is continued untill the nexte Courte 

At the Courte holden at Dover the vi*'' of the viii*''' month 

William hilton doth acknowledge himselfe to be indebted 
unto m"^ Sampson Lane in the some of one hundred pounds ster- 
linge, and doth acknowledge a Judgement thereof in Courte. 

At the foresaide Courte William Roberts doth acknowledge 
himself to be indebted unto Captaine Thomas Wiggin in the 
some of thre pounds and eighte shillings, and doth acknowledge 
a Judgemente thereof in Courte. 

At the foresaide Courte Steephen pearse, mathew Joslian, & 
Thomas .... are fined each of them in iii^ iii'^ for drinkinge 
wine in an excessive manner at the house of James Johnson. 

James Johnson at the saide Courte is fined for thre several 
offenses in v^ each for sufferinge henry e Taylor & others to 
drinke wine in an excessive manner in his house, the whole 
some for him to paye for his fines is xV 



50 NEW HAMPSHIRE COURT RECORDS 

At the foresaide Courte the administration of the goodes of 
Susan Crawforde deceased daughter of Steephen Crawforde also 
deceased, is graunted unto Sarah Crawforde the daughter of 
the saide Steephen Crawford, and this Courte doth order mar- 
garett willey the mother of the saide Sarah & Thomas willey 
the husband of the saide margarette, to be gardians unto the 
saide Sarah, her daughter, and that they are to give a trew & 
juste accompte of the saide administration unto any Courte to 
be holden for Dover when they shall be required 

It is ordered by the Courte that Roberte hethersaye is for to 
take the first opertunitie for his passage for England to his wiefe 
and in the meane time to give 20' bonde for ^formance thereof, 
But if he shall give satisfaction to the nexte quarter Courte at 
Boston for his not goeinge to his wiefe, then this order to be 
voyde, or else to remayne in full force. 

Wheareas at the Courte helde at Dover the 7 of the 7 month 
(47) it was ordered that hampton Strawberey banke & Dover 
should send forth fouer men to veiw & lay forth a countrey high 
waye between hampton & blodye pointe sufficent for horse & 
men by . . . nexte after upon the penaltie of five pounds as by 
the saide order more at large appeareth, now for as much as the 
saide order was but in part ^formed; yt is therefore now 
further ordered by this Courte that yf the said high waye be not 
made sufficent before the laste of aprile nexte for horse & men, 
that then the saide hampton strawberey banke & dover shall 
forfeite or paye the some of tenne pounds. 

The Courte doth think it fytte that Thomas pettett is for to 
keep an ordinarye and to draw wine until Salisbury Courte 
nexte. 

Roberte Puddington is to be Constable for the lower ^te of 
strawberey bank for one yeare and untill an other be chosen in 
his place 

George monke is sworne the 8 of the 8 month (49) in Courte 
to be Constable for starre Islande for one yeare and untill an 
other be Chosen in his place. 

francis Rande is sworne in Courte the 9 of the 8 month (49) 



NEW HAMPSHIRE COURT RECORDS 5I 

to be Constable for the upper ^te of strawberey banke for one 
yeare & untill an other be chosen in his place. 

henye Sherbourne of strawberey banke sworne in Courte to 
be a Clarke of the writs. 

henrye Sherbourne, William Seavie, & Reynolde ffernalcle 
sworne in Courte whoe are chosen and authorized as com'is- 
sioners to heare and determine small causes, accordinge to the 
lawes in that case established 

whereas John pickeringe was bounde in A bonde of two 
hundred pounds for the appearance of John Cutt at Courte 
holden at Dover the vi'*" of the 8 month (49) to answere the 
complainte of m"^ Sampson Lane in an action of the case upon 
accompt, w^ John Cutt hath justlie ^formed, now the saide 
bond not beinge to be founde, the Courte hath Judged it to be 
voide, and John pickeringe cleere of the saide bonde & Ingage- 
mente. 

Roger knighte for not enteringe his action againste m"" Rich- 
arde Cutt this Courte, m'' Cutt is alowed by the Courte for 6 
dayes attendance xii" 

James Johnson is alowed by the Courte to keepe an ordinarie 
at his house at strawberey banke, and alowed to sell wine untill 
the nexte Courte. 

James Johnson is alowed to have to ferrie one man to Dover 
ii* yf more than one then xvi'^ each, and to strawberie banke 
for one man i' yf more then 8*^ each and to m"" hiltons house for 
one ^son i" yf more then 8^ each, and to walfords Island ii*^ for 
one ^son & to henrye sherbournes i'^ yf more then halfe so much 

henrye becke for not enteringe his action against Anthonie 
Emerey is to satiefie him for his attendance 6^ S'^ 

At the saide Courte the administration of the goodes & 
Chattells of henrye Taylor deceased is granted unto John 
Webster and upon a trew inventorie taken of all the goodes of the 
deceased the same goodes & Chattalls shalbe equallie defraied 
amongste the creditors as shall appear to be the trew debts of 
the deceased as by the nexte Courte shall be allowed & in the 
meane time allowed by m'^ Smyth and m' walderne. 



52 NEW HAMPSHIRE COURT RECORDS 

whereas certaine yeares paste ffrancis Raynes sold unto 
Darbey ffield a horse w'' horse was illegallie solde, and the 
saide Darbey solde the saide horse unto william pomfrette, and 
he solde the saide horse unto m'' Richarde Cutt w"^ horse Cap* 
ffrancis Champernoune did recover at a Courte holden at Dover 
and at this ^sente Courte holden at Dover the 9 of the 8 month 
(49) the saide m' Cutt had a tryall against the saide william 
pomfrette for the said horse and william pomfrett was caste for 
damages & forbearance in 9' vi^ and costs of Courte and Darbey 
ftielde came into the Courte & did acknowledge that he hath 
given william pomfrette a letter of attornie to sue the saide 
ffrancis Raynes for the saide horse, and what soever the saide 
william pomfrette shall recover it shall be to his owne purpose. 

Thomas Layton chosen Constable for Dover & sworne for 
one yeare & untill an other be chosen in his place. 

The 9*** of the 8*'' month (49) 
It is ordered by the Courte that starre Island shall contribute 
towards the charges of the saide Courte, and that two men of 
Dover & two men of Strawberey banke & one man of starre 
Islande shall meete to consulte and agree of a propotionable 
rate, what each place shall paye towards the saide Courte 
charges within 15 dayes after notice given heareof by m"' Smythe, 
and in case the saide men shall not meete or agree within the 
saide 15 dayes for the makinge of the saide rate, The Courte 
doth further order that m"" Smythe & m"" walderne shall have 
power to make a rate what each place shall paye towards the 
saide Courte charges, and it is provided and ordered by the 
Courte that in case such rate or rates which shalbe made be 
not paide unto william ffurburre or his deputie or the constable 
of the place by the places respectivelie within the space of one 
month after such rate or rates made as afforesaide, that then the 
marshall or Constable of the place by warrante from m' Smythe 
shall have power to leavie the same on the goodes or cattails of 
any the Inhabitants of the place or places that shall not or doe 
not paye his or theire proportionable parte of the same rate. 



NEW HAMPSHIRE COURT RECORDS 53 

yt is ordered by the Courte that the marshall shall have 
40' for his paynes for executing his office, to be paide out of the 
fines or actions. 

At the Courte holden at Dover the x"' of the 8''' month (49) m^ 
Richarde walderne acknowleged himselfe to be indebted unto m' 
Valentine hill of Boston in the same of ffourtie & eighte pounds, 
and doth acknowledge a Judgemente of the same in Courte. 

This is to testifie that I valentine hill did deliver to Edwarde 
Calcorde and by his order, two oxen, tenne bushells salte, and 
sixtie pounds of tobacco which goodes was for the accompte of 
m"" Richarde walderne for foure thousande of bolts, for which 
he standes ingaged to me, and for which he hath acknowledged 
a Judgemente for bolts & damages, the some of ffourty & eighte 
pounds sterling, beinge dew march 15 1643. 

m' Valentine hill sworne at Dover Courte the x*^ of the 8 
month (49) whoe affirmed on his oath that the ^misses nexte 
above written was trew. 

The x''' of the viii**" month (49) Jonathan Coventry & John 
wotton acknowledged them selves indebted unto m"" George 
Smyth in the some of ffiftie shillings to be paide the seconde 
daye of maye nexte ensuinge and have acknowledged a Judge- 
mente thereof in Courte 

Know all men by these p'sents that I Thomas Turpine fisher 
man upon the Isle of sholes doe assigne sette over, and by these 
p'sents doe deliver unto William Seavie ffysher man of the Isle 
of sholes my thre Cowes with their Calves w"** are now in the 
costodie of waiter abbott w"^ I for and in consideration of the 
some of Twentie pounds alreadie received of the foresaide william 
Seavie, witnes my hand the 7*** of ffebuary 1648 

The marke of X Thomas Turpine 

witnes John Treworghie John Seley 

vera copia cum orignale and recorded the 25 of the 9*'' mo: 165. 

This testifieth that I Valentine hill of Boston acknowledgeth 
my selfe indebted unto m' Thomas Cobbit of Linne for the 
estate of Jane Skipper in my hande, whose ^son is com'itted 
to my truste, as also certaine somes received of himselfe, all 



54 NEW HAMPSHIRE COURT RECORDS 

which amounts to one hundred pounds sterlinge, w"'' some I 
binde my selfe to pay to the saide m' Cobbit his executors ad- 
ministrators or assignes for his use & the said Jane firste of 
December one thousand sixe hundred & fiftie & fyve, and for 
his and her better securitie in respecte of the space of time I the 
saide valentine hill doe heareby binde over to him the saide 
Thomas all my righte in three quarters of Oyster River in 
pascattw accordinge to the Townes grante, as also all my 
righte in three quarters of the mill . . . erected there at p^'sente, 
or in its beste ^fection, but upon my ^formances of the saide 
hundred pounds, my executors or administrators in the time 
mentioned this my ingagemente by securitie to be voyd or else 
to remaine in full force, w**" this consideration yf the estate is to 
be solde for the payment of the hundred pounds, & the reste to 
be retorned unto me my executors or administrators: In witnes 
heareof I have sett to my hand & scale this eighteen of november 
one thousand sixe hundred & fiftie: 

^ me Valentine hill 

witnes william ffurburre 

vera copia cum originale and acknowledged by m' hill the 
22 of the g^^ month 1650 before me George Smyth 

The xv**" of December 1650 

These p^'sents witnesseth that I Samuell Austine have solde 
and made over to william ffurburr of dover all my righte and 
title of my house and two lotts with all the boards aboute the 
saide house, and doe now give the saide william ffurburr full 
possession of them, and doe acknowledge my selfe satisfied for 
them, all but thre pounds to be paide to good man bearde by 
nexte michalmas, in pease or wheate, or goodes price currante, 
witnes my hande the daye & yeare above written 

Samuell Austen 

witness to this deed Thomas Clayton John Damme 

vera copia cum originale and acknowledged before me 

George Smyth 



NEW HAMPSHIRE COURT RECORDS 55 

Actions tried at the Courtc holden at Strawberey bank the 
8, 9, lo of the 8 month 1650 

Nicholas Roe plantife againste John Pickeringe defend in 
an action of the case for that Jonas Claye did not answere him 
at the laste Courte helde at dover, accordinge as he was bound 
for him. 

The Jurye doth tinde for the defendante: and give him costs 
of Courte Costs of Courte for the defend attendance one day ii" 

William wormewood plant againste John Reynolds defend in 
an action of the case for deteyninge of three goates & a sowe 
three yeares. 

The Jury doth finde for the plantife iii' xv« & costs of Courte 

Costs of Courte : for enteringe the action io«-o<i 

ffor william James a witnes one day ii* Robert 
mussell I day i« 6^^ 03 -6 

ffor Robert mendum i daye ii* margerey Everard 2 
dayes 

ffor the attendance of the plant. 3 dayes 

ffor the attachment & servinge it 

27-9 

tot. v' ii" ix"^ 

Robert Puddington plante againste william Ellingham defend 
in an action of batterey, for beatinge of him beinge Constable 

this action put to arbitration 

William parnell plant Steephen Sercewte late deceased defend 
upon an action of debte to the valew of sixe pounds 

The Jurie retorned noe verdit on the action 

Thomas Johnson plant againste James Johnson in an action 
of reveiw of an action of the case whereby the said James John- 
son had a verditt againste the said Thomas Johnson at the laste 
Courte helde at dover for none payment of certaine Clapboards. 

Thomas Johnson is non suite in his action 

Phillip Chesley & william Roberts plantifes againste Thomas 
beard and phillip Lewis defend in an action of the case for 




56 NEW HAMPSHIRE COURT RECORDS 

cuttinge & carrieing away certaine pipe staves made of their 
bolts, without their order or consente at Oyster River plantation 

This action agreed amongst themselves 

Thomas Beard & phillip Lewis plante againste phillip Chesley 
and william Roberts in an action of the case for none payment 
& deliverey of two thousande of white oake bolts accordinge to 
agreemente 

this action agreed amongst themselves 

Nicholas Roe plant againste John webster defend in an action 
of the case for not takinge a sufficient bond of John pickeringe, 
whoe was bounde for the apperance of Jonas Claye at the laste 
Courte helde at dover the 8 of the 8^^ month (49) to answere the 
complainte of the saide nicholas Roe for killinge his Cow. 

The Jurye doth finde for the plantife twelve pounds damage 
& costs of Courte. Costs of Courte in all alowed by the Courte 
is xxiiii' Execution is to be forborne for the space of sixe 
monthes. 

Jeremie Sheres plant againste John Jones in an action of 
the case for deteininge his apprentice ffrancis Jones from 
him 

The Jurie doth finde for the plant, whoe is to have his servante, 
and the time w"^ is paste to goe on from the date of the Cove- 
nante and John Jones is to pay the coste of the Courte, and 
Jeremie Sheres is to pay John Jones ffortie shillings towarde the 
maintaynance of the said apprentice duringe the time of his 
neglecte for not demandinge of his servante 

Thomas willey plant againste Edwarde Calcorde defend in 
an action of the case for keepinge & deteyninge a certaine 
byll or writing from him of a debt dew to him by m' George 
Joclaine 

The Jurie doth finde for the plantife foure pounds foureteen 
shillings and niene pence, and costs of Courte 

The costs of Courte alowed by the Courts is xxiii^ iii'* 

Phillip Lewis Thomas Beard & william Cotton plantifes 
againste John webster in an action of the case for not retorninge 



NEW IIAMPSIIIRR COURT RECORDS 57 

an attachmente to him delivered againste hcnrye Taylor at the 
Courte held at dover the 8'*" of October 1649 

The Jurie doth finde for the defendante costs of Courte 
Phillip Chesley & william Roberts plant againste Thomas 
Beard defend in an action of the case for damage to the valew 
of tenne pounds for breakinge of a saw of theirs. 
The Jurie doth finde for the defend Costs of Courte. 
George Branson plant againste Roberte hethersaye defend 
in an action of the case or debte, for not ^forminge his promise 
for payment of certaine Corne & other thinges. 
The defend appeared not 

Costs of Courte alowed ffor enteringe the action x** 

ffor 3 dayes attendance of the plant vi-^ 

ffor the attachment & serving it ii« iii^ 

henrye Sherburne plant againste Thomas wedge defend in 
an action of slander on the wiefe of the plantife 

The Jurie doth finde for the plantife, that the defendant is to 
acknowledge three severall times that he did the wiefe of the 
plant wronge, the first acknowledgment is to be done in open 
Courte, and the nexte to be made on two lords dayes in the 
publik meetinge house at strawberey banke w'^in one month 
nexte ensuinge, and upon neglecte of either of the said times to 
forfeite five pounds damage to the plantife, & to pay costs of 
Courte. 

The names of the grande Jurie sworne at Strawberye Courte 
held the 8 of the 8 month 1650 whoe are to retorne their p-'sent- 
ments the firste daye of the nexte Courte to be holden at 
dover 

henrye Sherbourne John Bigforde 

Thomas walforde John Awlte 

william ham John Sherbourne 

william Bearde william palmer 

henrie Langster Anthonie EUyns 

m"" william Cousins John marten 

william Berrie 



58 NEW HAMPSHIRE COURT RECORDS 

The names of the Jurie for tryall of actions at the Courte 
helde at Strawberie banke the 8 of the 8 month 1650 

Reignolde ffernolde James Rawlyns 

Clemente Campion John hall 

James Johnson william ffurburre 

John Dam John Webster 

mathew Giles Anthonie Brackett 

James newett Edwarde Barton 

Orders & other acts of Courte ordered & made at the Courte 
held at Strawberey banke by Thomas wiggin Esquire magistrate 
and m'^ George Smythe & m' Richarde walderne associats the 
8, 9, and lo**^ of the 8*^ month 1650 as followeth. 

It is ordered by the Courte, and agreed between william 
Seavie & Thomas willey & margaret his wiefe on the behalfe of 
Sarah Crawforde the daughter of Steephen Crawford Deceased 
and the saide margaret as followeth: That whereas there is in 
the custodie of the saide william Seavie the some of thirtie 
pounds now dew unto the saide Sarah Crawford yt is ordered 
that the saide william Seavie shall bringe the saide thirtie 
pounds into this Courte, or otherwise to paye it as this presente 
Courte shall further order the same. 

yt is ordered by this Courte that the foresaid william Seavie 
shall paye unto the foresaid Thomas willey & the said margaret 
(whoe are gardians unto the said Sarah Crawford) the foresaid 
thirtie pounds in manner followinge that is to saye xv' in 
Cattell, viii^ in linnen & wollen Cloth, to be praysed by one 
man to be chosen by william Seavie, and one other man to be 
chosen by Thomas willey, and by william Storer marshall, 
and the other vii' in currant money. 

Thomas Willey and william Bearde doe acknowledge them- 
selves to be indepted unto this Courte now helde at Strawberey 
banke in the some of ffiftie pounds sterlinge, upon Condition 
That yf the saide Thomas willey and william bearde or either of 
them their executors or administrators doe or shall paye or 



NEW HAMPSHIRE COURT RECORDS 59 

cause to be paide into the nexte Courte to be helde at Dover or 
strawberey banke (which is esteemed to be held aboute a yeare 
nexte ensuinge) the some of thirtie pounds sterHnge, for the use 
& behoofe of Sarah Crawford the daughter of Steephen Craw- 
ford deceased, then this p'"sente acknowledgment to be voide or 
else to remaine in full force & vertue. 

acknowledged in Courte the 8 of the 8 m° 1650 

at a court hild the 28 of Jean. 1651 William beard was dis- 
charged from this bond by the sayd court: 

whereas the goodes of Josepth miles was attached at the suite 
of John Reynolds for a debte of v' x« to answere him at the 
nexte Courte to be holden at Dover or strawberey banke (it 
beinge this p'sente Courte) and for as much as the said John 
Reynolds did not presente his action, yt is therefore ordered by 
this Courte that John Reynolds shall pay the charges of the said 
Josepth miles viz* for his attendance two dayes 4* for two dayes 
attendance of hatevill nutter as a witnes 4^ for a som'ons for 
John Baker ii"^ for a somons for hatevill nutter ii''. for the 
marshall for servinge the two som'ons xii<^ total 9^ 4^^ 

Samuell Austine sworne in Courte to be Constable for Dover 
for one yeare and untill an other be chosen in his place. 

william Berrie sworne in Courte to be Constable for the loer 
^te of strawberey banke for one yeare & untill an other be 
chosen 

Edwarde Calcorde fined x« for tellinge a lye in open Courte. 

yt is ordered that m"" George Smyth shall take the oath of 
Rise Codogen to be Constable for starre Island for one yeare & 
untill an other be chosen in his place, whoe was sworne accord- 
inge to the order. 

John awlte sworne in Courte to be Constable for Oyster 
River plantation for one yeare and untill an other be chosen in 
his place. 

Kathrine Wormwood affirmed upon her oath in Courte helde 
at Strawberey bank the lo**^ of the 8^^ month (50) that she 
did heare Edwarde Calcorde saye yeasterdaye beinge the 9 of 



6o NEW HAMPSHIRE COURT RECORDS 

this presente month, that he would pluck the Captaine (mean- 
inge Captaine wiggin) of the benche. 

Katherine wormwood sworne in Courte. 

George Branson likewise affirmed upon his oath in Courte 
helde at Strawberey bank the lo*'' of the 8*^ month (50) that 
he did heare Edwarde Calcorde saye yesterdaye beinge the 9 
of this presente month that he woulde pluck the Captaine 
(meaninge Captaine wiggin) of the bench. 

George Branson sworne in Courte. 

James Johnson & Thomas Jaye stand bounde to this Courte 
in the some of x^ that Edwarde Calcorde shall ^sonallie appear 
at the nexte Courte to be holden at Salisburie to answere the 
complainte of this Courte holden at strawberey bank the x*^ 
of the viii*^ month (50) for speaking these words viz* That he 
would pluck Captaine wiggin of the bench. 

M'" George monke, on the behalfe of m^ John Seley doth in 
Courte binde himselfe in x' that Thomas wedge shall make 
acknowledgment thre severall times within this month that he 
hath done the wiefe of henrie Shurburnc wronge, the firste 
whereof to be made in open Courte, and the reste to be made 
upon two Lords dayes in the publike meetinge house at straw- 
berey banke, w^'^in one month nexte ensuinge and for neglecte 
of either of the said times to forfeite v^ damage to henrie sher- 
burne and to paye Costs of Courte. 

James Johnson is alowed by the Courte to keep an ordinarie 
and to sell wine untill the nexte Courte, and also to keep a ferrie 
as was formerlie ordered by the Courte at dover the 6 of the 8 
month (49) 

George Walton is alowed to keep an ordinarie and to sell 
wine untill the nexte Courte, and to keep a ferrie for passengers, 
and is alowed to take for everie ^son to m'' hiltons house, 
and m^ Champernownes house at the greate harbor vi^, and to 
strawberey bank for everie ^son xii^, and to James John- 
sons for evrie ^son xii"^ and this to continew untill the nexte 
Courte. 



NEW HAMPSHIRE COURT RECORDS 6l 

yt is ordered by the Courte that attachments shalbe granted 
againste all ^sons p-'sented by the grand Jurie, not answered, 
to appear at the nexte Courte to be holden at Dover to answere 
the same. 

yt is ordered that william Berrie shall have alowed him for 
his travels in bringing the goodwiefe Chatterton & others to 
m' Smyth by his warrante, and for his attendance at Dover 
Courte in anno (45) where he paide for his diette to George 
walton himselfe, and could not have it alowed otherwise the 
some of viii^ 

The administration of the goodes of Thomas Turpine deceased 
is by the Courte granted unto m'' william paine, whoe is to 
p'sente a trew & ^fecte Inventorie thereof at the nexte Courte 
to be holden at Dover and in the meane time to pay such dew 
debts as the saide deceased did owe, soe farre as the saide goodes 
will amount unto, and to give an accompte of the same at the 
said Courte 

at the said Courte hercules hunkins is fined vi^ viii'* for not 
appearinge to serve on the grand Jurie at the saide Courte, 
and for sayinge that he would not come as was affirmed by 
the Constable 

At the Courte held at strawberey bank the x**" of the viii*** 
month (50) John Webster doth binde his house & lande at 
strawberey banke unto this Courte for the paymente of xii' 
damages & Costs of Courte (beinge xxiiii^) granted unto 
nicholas Roe by a verditt at this Courte by the Jurie, the pay- 
mente of the said xii' & xxiiii* is to be ^formed at or before 
the end of sixe month nexte ensuinge and in the meane time noe 
execution is to be granted unto the saide nicholas Roe upon the 
saide verditt. 

wheras Thomas walforde was indebted unto m"" william paine 
by byll for three thousande & a half of pipe staves, I william 
paine doe acknowledge my selfe to be satisfied for them, and 
this is a full discharge for all debts dewes and demands from the 



62 NEW HAMPSHIRE COURT RECORDS 

beginning of the world to this daye witnes my hand this 9*** of 
October 1650 

Will'" Paine 

acknowledged in Courte. 

yt is ordered by the Courte that wheras ther is a suite depend- 
ing in this Courte betwixte m"" John milles plant and Cap' 
ffrancis Champernoune defend w"^ suite is to be continued untill 
the nexte Courte to be holden at Dover. 

John Wotton is bound in v^ to this Courte for to goe to his 
wiefe, or else to appear at the nexte Courte to stand to the 
sensure of the Courte. 

Roberte Davis is bound in v' to this Courte for to goe to his 
wiefe or else to appear at the next Courte to stand to the sensure 
of the Courte, 

Thomas Wedge is bound in v' to this Courte for to goe to his 
wiefe or else to appear at the nexte Courte to stande to the 
sensure of the Courte. 

which three were p^'sented by the grand Jurie for livinge from 
their wifes and were admonished, and to pay each of them 
ii» vi*^ fees. 

The deposition of hatevill nutter 

The deponent sayth (to his beste remembrance) that aboute 
three yeares since beinge in the house of George Walton w**" 
m' Edwarde Calcorde & Thomas willey & George Branson, did 
see a byll of m"" henrie Joclyne in the hande of Thomas willey, 
w"** he delivered unto Edwarde Calcorde, upon this condition 
that he was to recover the debte of the foresaide m"" Joclyen for 
Thomas willey, and the saide Thomas willey promised him full 
satisfaction for his pains 

This deponent sworne in Courte. 

The deposition of George Branson 

The deponente sworne sayth that neer three yeares since, or 
thereabout the deponente beinge in the house of George walton 
in dover, sittinge in company with Thomas willey and Edward 
Calcorde, goodman willey havinge a byll of m' henrie Jocleyn, 



NEW HAMPSHIRE COURT RECORDS 63 

delivered the saide byll to Edwarde Calcorde upon these termes 
that he was to recover the debte of the saide m"" Joclyen, and 
the said Thomas willey promised Edwarde Calcord full satis- 
faction for soe doeinge, & therupon he received the saide byll. 

sworne in Courte. 

know all men by these p'^sents that I william Cousens of starre 
Island at the Isle of sholes, for & in consideration of the full 
some of twentie pounds to me in hande alreadie paide, have 
bargained & solde unto m"" marie mendam a new house on the 
Island afforesaide w"*" was builte by me the saide william Couz- 
ens, w"*" house is scituate opposite to the Cove on the Island 
affore mentioned. To have & to holde the saide howse to her 
the saide Marye mendam her heires & assignes for evermore; 
and the saide william Couzens his heires & assignes, to give her 
the saide marye mendam quiet possession to her and her heires 
& assignes from any claime or eviction of any ^son or ^sons 
whatsoever In witness whereof I have hearunto sette my 
hand yeven this twentie thirde daye of december annoqe dom 
1650. 

William Couzens 

[Witness] John mathews John Deamont 

Concordat cum originate and Recorded the 28 of the firste 
month 1 65 1 By me 

George Smyth recorder 

a receipt what staves I John hart received for m"" kimble 
of Thomas Canney 18 hundred of pipe staves 
of John Goddard 16 hundred half hogghead staves 
of Ralph hall 19 hundred pipe staves 
of Ralph hall 12 hundred hogghead staves 
of Ralph hall of pipe staves 27 hundred and quarter 
of hogghead staves 7 hundred halfe 

Concordat cum originalem and recorded the 7*'' of the second 
month 1 65 1 By me 

George Smyth recorder 



64 NEW HAMPSHIRE COURT RECORDS 

know all men by these p'"sents that I John webster senior of 
strawberey banke brewer, for the entire affection I beare to 
my Sonne John webster doe frelie & absolutelie give unto my 
saide sonne all my goodes and Chattalls moveables & unmove- 
ables, To saye one Cowe with a heyfer with increase, as also 
three sowes & their increase, with my dwellinge house & brew 
house, w**' the lande thereunto belonginge, one fhshinge boate 
w*^ all to her belonginge, my ffurnice with all my brewinge 
vessells, all bills bonds debts dewes, & demands whatsoever 
properlie dew to me, and resigne over to my saide sonne all the 
above saide goodes specified to him as his owne proper goodes, 
and for him his heres executors or assignes, to dispose of at there 
will & pleasure without any lett Deniall eviction or contradiction 
of me the saide John webster senior or by any from by or under 
me. In witnes of the truth have heareunto sett my hande & 
seale the 20**^ January 1650 

John Webster 

Signed sealed & delivered in p^sence Paul X white John 
mathews 

Concordat cum originalem and recorded the seconde daye of 
the seconde month 1651 By me George Smyth recorder 

whereas Ambrose Lane of Ting m° in the Countye of deavon 
m''chant being of Late in new ingland Left an estate in the hands 
and possession of Sampson Lane of strabery bank in new ingland 
mchent amounting to the valew of one thous'^ pounds sterling 
or ther abouts know now there fore all men by these presents 
that I the s*^ Sampson Lane for the securitye and paym* of y^ s*^ 
estate or valew there of and for divers good Causes and Con- 
siderations mee there unto especiely moveing have given bar- 
ganed granted and sold and doe by these presents give grant 
bargan and sell unto the s'^ Amb Lane his hears and assignes one 
mesuage or dwelling house situate and beeing just above banck 
afore said w"' the apartonances and all the Lands meddow and 
pasture belonging to the said house w*'' all the out houses, 



NEW HAMPSHIRE COURT RECORDS 65 

barrens stables gardins orchards woods under woods Commans 
meddows pastures feedings Comoditycs and preveledges there 
unto apertaining all w'^'^ are now in the occopation of mee the 
s'^ Sampson Lane or my assigns allsoe one saw mill that is now 
in bulding at a place Called sagomores creek in the River of 
pascataquake in new ingland and one ship now in bulding in 
strabery bank afores'* w<='' is to be of the burden of one hundred 
tonns or ther abouts and two hundred tonns of the He of may 
salt and landed at strabery bank afores^ out of the good ship 
Called the Lak of dartmouth and one house w^'' the apurtenances 
in strabery bank afore said late in the possesion of John Crowther 
to have and to hold the said house and all the premises above 
mentioned w*'' the apurtenances unto the s*^ Ambrose Lane his 
hears and Asignes for ever and I the said Sampson Lane for mee 
my heres acsecutors and assignes the said houses and all the 
premeses beefore specified and intended heareby soe barganed 
and sold unto the said Ambrose Lane his hears and assignes 
against all men for ever more shall and will warrant and defend 
by these presents in wittnes where of I have hear unto sett my 
hand and scale the 22 of march ano domine 1649 

Sampson Lane 
Seald and delivered in the p*" of John dam Ric° Lane 
The premisses concordat cum originale and recorded the 
xx**' of the firste month 1651 By me 

George Smyth recorder 
m' Sampson Lane acknowleged that the originall deed above 
mentioned was his acte & deed the 7 of the 6 month 1652 before 
me George Smyth 

To all Christian people unto whom this p'"sente writinge shall 
come I william pomfrett of Dover sendeth greetinge in our Lorde 
God everlastinge, know ye that I the saide william pomfrett 
for good causes & valuable considerations me theareunto moev- 
inge, have granted bargained & solde, and by these p''sents doe 
grante bargaine & sell unto hatevill nutter all that messuage or 



66 NEW HAMPSHIRE COURT RECORDS 

Tenemente in dover now in the tenure & occupation of me the 
saide william pomfrett, lyenge & beinge neer the backe Cove in 
dover, w^^ a barne & garden thereunto belongine, and some addi- 
tion of grounde neer unto the saide garden granted by the 
Townsmen of dover, and also all that Lotte or ^cell of grounde 
lyenge & beinge on the Easterlie side of the saide messuage or 
Ten'te conteyninge by estimation fyve acres or there abouts be 
it more or lesse, and also a ^cell of marshe grounde lyenge & 
beinge on the north Easte side of the greate baye at the greate 
Cove there, above longe pointe, between the marshe of John 
Dam of the one side, and the marshe of Thomas Lay ton on the 
other side, in the occupation of me the saide william pomfrett 
w*** some upp lande thereunto belonginge, and also all my estate 
righte title & intereste of & in the saide messuage or Tenemente, 
& other the p'misses thereunto belonging w**' the appertenances : 
To have & to holde the saide messuage or Tenemente lotte 
marshe grounde & all other the p'^misses heareby bargained & 
solde unto the saide hatevill nutter his heires executors & ad- 
ministrators for ever To the use & behofe of the saide hatevill 
nutter his heires executors & administrators & assignes for ever 
more. In witnes whereof I have heareunto sette my hande & 
scale, dated the tenth day of the firste month in the yeare of our 
Lorde God one thousand sixe hundred ffiftie & one. 

William pomfrett 

Sealed & delivered in the p^sence of George Smyth Thomas 
Layton 

Concordat cum originale and Recorded the firste daye of the 
thirde month Anno dom 1651 By me 

George Smyth Recorder 

This byll witnesseth that I Richarde Cutt of new England doe 
acknowledge to be indebted unto Lawrence Avery the full & 
juste some of Eleaven pounds seaven shillings & tenne pence of 
good & lawfull money of England dew to be paide unto the 
saide Lawrence Avery his executors or assignes at or before the 



NEW HAMPSHIRE COURT RECORDS 67 

twenteth daye of June nexte ensuinge the date heareof and for 
the sure paymente thereof I bynde my selfe my executors & 
administrators, as witnes my hande this twenteth niene of maye 
1651 

Richard Cutt 
Delivered in the p'sence of John Cutt wilHam ffolyett 
Concordat cum originale and recorded the 29 of the 3 month 
1651 By me 

George Smyth recorder 

I John Cutt doe acknowledge to be indebted unto Lawrence 
Avery the full some of Eleaven pounds twelve shillings & two 
pence, one halfe moneys, and the other halfe comodities accord- 
inge to condition to be paide to him or his assignes at or before 
the thirtieth of Auguste nexte, as witnes my hande, strawberey 
banke pascataway this J^^ of July 1650 

John Cutt 

teste hugh yeo 

Concordat cum originale and recorded the 29 of the 3 month 
1651 By me 

George Smyth Recorder 

This deed made the eighteenth daye of november, 1650, 
witnessethe. knowe yee therefore that I Thomas Withers at- 
torney for Captaine ffrancis Champernowne, & other power 
derived from him, have solde unto Samuell haines one fiferme 
allwaies knowne by the name of Cap* Champernownes fferme, 
lyenge on the south easte side of the greate baye, for & in con- 
sideration of the some of nientie pounds sterlinge paide unto 
the saide Thomas Withers or his assignes in manner & forme 
followinge which is to saye: Thirtie pounds the eightenth of 
november, w°^ shall be in the yeare of our Lord 1651, and thirtie 
pounds the eightenth day of maye, and thirtie pounds the 
eightenth day of november, which shall be in the yeare of our 
Lorde 1652, for the satisfyenge of certaine debts; and further- 



68 NEW HAMPSHIRE COURT RECORDS 

more I the saide Thomas withers doe ratifie & confirme unto the 
saide Samuell haines his heires executors administrators & as- 
signes for ever the saide fferme above mentioned with all the 
edifices whatsoever belonginge thereunto, To the onlie use & 
behoofe of the saide Samuell haines his heires executors admin- 
istrators & assignes for ever. In witnes whereof I have heare- 
unto sette my hande and scale the day and yeare above written. 

Thomas withers 

Signed sealed & delivered in the p-'sence of Basill Darker 
Edwarde Calcorde 

Concordat cum originale, and recorded the 26 of the 4*^ 
month 1 65 1 By me 

George Smyth Recorder 

To all people to whom these p'sentes shall come I John Seeley 
of starre Island new England ffisherman sende greetinge knowe 
yee that I the saide John Seeley for & in consideration of the 
some of one hundred pounds sterlinge ordered & secured to be 
paide me in Englande by my lovinge & naturall brother william 
Seeley, and for other valuable causes and considerac'ons me 
thereunto especiallie moevinge, have given granted assigned & 
sette over and by these p'^sents doe give grante assigne & sette 
over unto the saide william Seeley all debts dues duties de- 
mands some & somes of money whatsoever now due owinge & 
appertaininge unto me the saide John Seeley by any ^son or 
^sons whatsoever, Inhabitinge in new Englande afforesaide or 
otherwise To have & to holde all & Singuler the saide debts 
dues duties demands some & somes of money or otherwise ap- 
perteyninge to me, unto him the saide william Seeley his heires 
executors and administrators to his & theire onlie proper use & 
behoofe for ever without any lette hinderance or denyall of me 
the saide John Seeley my heires executors & administrators or 
any of them for ever by these p-'sents and I the saide John Seeley 
doe by these p'sents ordaine constitute authorise & appointe the 
saide william Seeley my naturall brother my trew & lawfull 



NEW HAMPSHIRE COURT RECORDS 69 

attorney Irrevockeable for me & in my name & steed and to his 
owne use to ... . recover & receive all & singuler the saide 
debtes dewes duties demands some & somes of money anywise 
owinge & apperteyninge unto me the saide John Seeley by any 
^son or ^sons whatsoever in new Englande afforesaide or 
otherwise, givinge & by these p''sents grantinge unto my saide 
attorney Irrevokeable my whole power & lawfull authoritie to 
sue areste attach declare implead imprison condemne & release 
the saide debtors or any of them, one attorney or more under 
him to ordaine & make at his pleasure againe to revook letters 
of acquitance or any other lawfull discharge upon receipte of 
the saide debts or such parte of them as he shall receve for me 
& in my name to make sale sell & deliver, and more over to doe 
execute ^ forme conclude & finish whatsoever matter or thinges 
which shall be needfull & expediente in & aboute the p'misses 
or any thinge concerning the same as amply & effectually in 
the case as I my selfe may or might doe yf I were there ^sonallie 
p'sente & had done the same my selfe and whatsoever my saide 
attorney Irrevokeable shall happen to doe or cause lawfully to 
be done in & aboute the p'misses or any ^te of them I the saide 
John Seeley doe heareby promise to allow ratifie confirme & 
establish to be good in law and thereunto I binde my selfe my 
heires executors & administrators firmely by these p''sents. In 
witnes of all which afforesaide p^'misses I the saide John Seeley 
have heareunto sette my hand & scale the xx daye of June 
anno dom. 1651 

John Seeley 

Sealed & delivered in the p'^sence of nathaniell Souther Rice 
Jones william woolcott 

Concordat cum originalem and Recorded the xii*'' of July 
1651 By me 

George Smythe recorder 

To all Christian people unto whom this p'sente writinge shall 
come I John Awlte of the plantation called Oyster River sendeth 



70 NEW HAMPSHIRE COURT RECORDS 

greetinge in our Lord God everlastinge know yee that I the said 
John Awlte for & in consideration of & for the some of twentie 
& foure pounds sterlinge well & trulie satisfied and paide unto 
me the saide John Awlte at & before the sealinge & deliverey 
hearof by Charles Adams of the saide plantation have granted 
solde & confirmed and by these p^sents doe grante sell & con- 
firme unto the saide Charles Adams one messuage or Tenemente 
situate & beinge in the saide plantation w'*' all & singuler the 
appurtenances thereunto belonginge, and also soe much marshe 
grownde as will keep three Cowes in the winter time in as con- 
veniente place as I can. To have & to holde the saide messuage 
or tenemente, with all & singuler the appurtenances and the 
saide marshe ground unto the saide Charles Adams his heires 
executors administrators and assignes for ever, to the use & 
behoofe of the saide Charles Adams his heires executors admin- 
istrators & assignes for evermore. In witnes whereof I have 
heareunto sette my hande & scale, dated the tenth Daye of 
Aprill, in the yeare of our Lorde God one thousand sixe hun- 
dred ffourtie & fyve. 

John Awlte 

Sealed & delivered in the p''sence of us Thomas Wiggin Ed- 
ward starbucke George Smythe 

John Awlte acknowledge the original! of the p'misses above 
writted to be his acte & deed the is*^ of the v*** month 1651 
before 

Tho: wiggin 

Concordat cum original and Recorded the xiiii*^ of the 
V*'' month 165 1 By me 

George Smyth Recorder 

To all Christian people unto whom these p'sents shall come 
greetinge Know yee that I John Lavis of bloodye point have 
bargained solde assigned and sette over unto michaell Brawne 
now resident in pascataquacke my house, land inclosed with 
the cropp of Corne which is now thereon, and also the lande in 



NEW HAMPSHIRE COURT RECORDS 7 1 

Com'on which was formerHe the righte of Thomas ffurson, for 
& in consideration of the some of twelve pounds to me in hande 
alreadie paide by the saide michaell Brawne, whereof I doe 
acknowledge the receipte, and him acquite thereof, as alsoe I 
doe heareby bynde my selfe my heires and assignes that he the 
saide michaell Brawne his heires and assignes shall for ever 
heareafter from the daye of the date heareof peaceablie have 
holde . . . enjoye the foresaide house lande cropp of corne, with 
the appurtenances thereunto belonginge from all ^son or ^sons 
whatsoever lawfullie clayming thereof In witnes whereof I 
have heareunto sette my hande & scale this 30*'' of June 1651 

Sealed signed & delivered in the p'"sence of us nicholas Shap- 
leigh Alice Shapleigh 

Concordat cum originale; and recorded the x**" daye of 
October A° dom 1651 Recorded by me 

George Smyth Recorder 

know all men by these p'"sents that I George Doe of Boston 
doe give full power unto m"" Edwarde Calcorde to end the dif- 
ference between Thomas Trickey and George Doe concerninge 
the building of the vessell at Cochecho and the ballance of the 
accompts between me & the saide Trickey, and what he doth in 
the p'^misses heareof shalbe my acte as if my selfe were ^sonally 
p'sente, whereto I have sette my hande the 21 of the 7 month (51) 

George Doe 

In p'^sence of Ed. Ryshworth 

The p'"misses is a trew copie of the originall and recorded the 
15 of the 8 monthe 1652 By me 

George Smyth Recorder 

The 26 day of the 7 monthe 1651 

yt is agreed upon between Edwarde Calcorde (by vertue of 
a letter of attorney under the hande of George Doe) and Thomas 
Trickey in manner & forme as followeth, that is to saye. That 
whereas George Doe doth charge the saide Thomas Trickey that 



72 NEW HAMPSHIRE COURT RECORDS 

he hath paide him or others for his use the some of 13' 10" 9** 
as by a certaine accompt doth appear, aboute the building of a 
certaine vessell at Cochecho, and whereas the saide Thomas 
Trickey hath prooved an accompte for worke aboute the saide 
vessell & other charges to the some of 13' 11* 6^^ now it is agreed 
upon between the saide ^ties that the saide George Doe shall 
proove the saide accompte paid as afforesaide unto the saide 
Thomas Trickey within the space of 6 weekes after the date 
above written but in case he doe not proove the saide accompte 
within the saide 6 weekes That then the saide George Doe 
shall paye unto the saide Thomas soe much as shall be dew to 
him to ballance the saide accompts and this to be a finall ende 
of all bills bonds & damages & demands between the said ^ties 
concerning the saide vessell. In witnes whereof the ^ties affore- 
saide have hereunto sett their hands the daye & yeare firste 
above written 

Edwarde Calcorde 
Thomas Trickey 

Edwarde Calcorde & Thomas Trickey acknowledged the 
p'misses to be their act & deed the day & yeare above written 
Before me George Smyth 

The p'^misses is a trew copie of the originall and recorded the 
15 of the 8 month 1651 By me 

George Smyth Recorder 

To all Christian people unto whom this p""sente writinge shall 
come I Anthonie Emerey of Coleharbore in the province of 
mayne sendeth greetinge in our Lord God everlastinge ; know 
ye that I the saide Anthonie Emerey for good & valuable con- 
siderations me heareunto moevinge have granted bargained and 
solde, and by these p-'sents doe grante bargaine and sell unto 
william pomfrett of Dover all those two houses in dover late in 
the tenure & occupation of me the saide Anthonie Emerey to- 
geather with the garden thereunto belonginge and also one 
lotte or parcell of inclosed grownd neer adjoyninge to the saide 



NEW HAMPSHIRE COURT RECORDS 73 

two houses, conteyninge by estimation thre acres & a halfe, be 
it more or lesse, and also all my estate righte & intereste of or 
in the said houses or of & in any ^te or ^cell of them or the 
saide lotte or ^cell of grounde with all profits & privileges there- 
unto belonginge w^'' the appurtenances, To have & to holde the 
said two houses, lotts & other the p''misses heareby i^argained 
& solde unto the saide william pomfrette his heires executors 
administrators & assignes for ever, to the use & behoofe of the 
saide william pomfrett his heires executors administrators & 
assignes for evermore. In witnes whereof I have heareunto sett 
my hande & scale dated the firste daye of the firste month in the 
yeare of our Lorde God one thousande sixe hundred ffiftie & one. 

Anthonie X Emery 

Sealed & delivered in the p'"sence of George Smyth Thomas 
Roberts 

Concordat cum original and recorded the x"' daye of the 
third month 165 1 By me 

George Smythe Recorder 

know all men by these p-'sents that in consideration of the 
some of seaven pounds & fifteene shillings to be paide unto 
Josepth Armitage of Lynne in new Englande, I Clemente 
Campion of Strawberey banke in new Englande afforesaide doe 
binde my selfe my heires executors & assignes to paye or cause 
to be paide unto m'' Richard leader or his assignes the afforesaide 
some of seaven pounds & fifteen shillings in readie money or 
merchantable Cod fyshe at or before the twentith daye of June 
next ensuinge the date heareof, and for the trew paymente of 
the aforesaide some I Clemente Campion doe mortgage & make 
over unto the aforesaid m"" Richarde leader his heires & assignes 
the house that Joynes unto the lotte of m"" Richard Cutt w**" 
eight acres of lande joyninge &: belonginge to the aforesaide 
house, and likewise I doe give unto the aforesaid Leader full 
power to sell & dispose of the aforesaid house & grounde and to 
satisfie him selfe & retorne the reste unto me when I come home 



74 NEW HAMPSHIRE COURT RECORDS 

from the weste Indies, or to whom I shall appointe, likewise I 
doe give him full power to enter upon the aforesaide house & 
grounde the twentie of June nexte if the afforesaide some be 
not paide. In witnes whereof I have heareunto put my hande 
the tenth daye of October 1651 

Clement Campion 

Beinge p^sente Thad^ Riddan 

Concordat cum originalem and recorded the 9**" of december 
1651 By me 

George Smyth recorder 

know all men by these p'^sents that I william pomfrett of 
Dover planter doe covenante bargaine & sell unto william ffollett 
phillipp Lewis two thirde partes of the acomendation of a sawe- 
mill given to me at bellemies banke fall by the Towne of Dover: 
now knowe ye that I the saide william pomfrett for & in the 
consideration of the some of foure pounds sterlinge by the 
afforesaide william & phillipp before the sealinge heareof in 
hande paide, doe give grante bargaine and sell unto the fore- 
named william & phillipp all my righte intereste and priveliges 
that now doth or heareafter maye belonge to me concerninge the 
foresaid sawmill, and further I the foresaide william pomfrett 
doe give grante bargaine & sell all the above named p'misses 
unto william ffollett Phillipp Lewis and to theire heires & as- 
signes for ever. In witnes heareof I have heareunto put my 
hande & scale this 16 of the 5*^ m° (51) 

william pomfrett 

witnes Thomas Bearde Raphe hall 

The p'missee is a trew copie of the originall and recorded the 
xx*'' of november 1651 By me 

George Smythe Recorder 

This bill of sale made 6 of Septem 1652 

I Thomas Johnson of pascataway planter doe acknowledge 
to have solde to nicholas ffollett Cooper of the saide River my 
house and field with all my lande marshe goodes cattell, with 



NEW HAMPSHIRE COURT RECORDS 75 

all ^viliges & appurtenances belonginge to the afforesaid lande 
& house for & in consideration of fourescore pounds sterlinge, 
received by me alreadie in hande, and for the confirmation of 
this by 11 I have hearunto sett my hande the 6 of September 1652 

the mark X of Thomas Johnson 
witnes william ffollett the marke X of James Bunker 
Thomas Johnson ackoled the byll next before recorded to be 
his acte & deed the 9 of September 1652 before me 

George Smyth 
Concordat cum originate and recorded the 9 of September 
1652 by me George Smyth 

whereas I Job hawkins am arested by william storer marshall 
to answere to the complaints of Richarde Otes at the nexte 
Courte to be holden at dover or strawberey banke in an action 
of the case for not givinge him securetie from a bond wherein 
the saide hawkins standeth bounde to ffrancis Smyth of Boston 
to paye him foure thousand foote of boords: I the saide Job 
hawkins doe heareby binde my selfe my executors & adminis- 
trators unto Raphe hall in the some of thirtie pounds sterlinge 
upon condition that he saide Job hawkings shall retorne and 
yelde him selfe as a prisoner unto the saide william storer within 
the space or time of 14 dayes nexte after the date of these p''sents. 
In witnes whereof I have heareunto sette my hande dated the 
20**" of October 1652 signed Job X hawkins 

Signed & delivered in the p'sence of me George Smythe 

Concordat cum original 

These p''sents witnesseth that I william palmer of Strawberey 
banke in new Englande have bargained & solde unto Thaddeus 
Riddan of strawberey banke afforesaide my now Dwellinge house 
scituat & beinge in strawberey banke afforesaide, which house 
I bought of Goodman Chaterton Cooper, with eighte acres of 
lande joyninge to the saide house, with the garden fencinge & 
all the appurtenances thereunto belonginge, and doe ^mise to 



76 NEW HAMPSHIRE COURT RECORDS 

lath & doake the Chimney & to make it sufficiente; for the 
^formance heareof I doe binde my selfe my heires executors & 
assignes to make good the sale of the aforesaide house & eight 
acres of lande with all the conveniances (that I bought of Good- 
man Chaterton) unto Thaddeus Riddan his heires executors & 
assignes for ever: To have & to holde the same without any 
trouble or molestation of any that maye can or shall laye claime 
unto the aforesaide house & lande. In consideration of the 
above saide p^'mises the saide Thaddeus Riddan doth binde him 
selfe his heires executors and assignes to paye or cause to be paide 
unto the above saide william palmer his heires or assignes the 
some of foureteen pounds in manner following that is to saye 
sixe pounds in pecces of eight & eight pounds in goodes. The 
saide palmer is to goe out of the saide house the laste daye of 
September nexte ensuinge the date heareof. In witnes whereof 
both ^ties have heareunto put their handvS the 4**^ daye of 
September 1651 william palmer 

Thad. Riddan 

beinge p'sente william ffollett 

Concordat cum originale and Recorded the 26 of June 1653. 

These p''sents witnesseth that I Thaddeus Riddan for good 
& valuable considerac'ons by me in hande received, have bar- 
gained & solde the within named house & lande which I boughte 
of william palmer with all the conveniences therunto belong- 
inge unto m^ Richarde Cutt his heires executors administrators & 
assignes To have & to holde the same for ever. In witnes where- 
of I have heareunto put my hande the tenth daye of June, one 
thousand sixe hundred fiftie & three Thaddeus Riddan 

Beinge p'"sente Renald ffernald 

The writinge nexte above specified was acknowledged by 
Thaddeus Riddan to be his acte & deed the tenth daye of June 
1653 before me George Smythe 

Concordat cum original and recorded the 26 of June 1653 
By me George Smythe Recorder 



NEW HAMPSHIRE COURT RECORDS 'J'J 

Actions tryed at the Courte holden at Dover the laste daye 
of the 7 month 1651, and the ffirste and 2 of the 8 month (51) 

M' Richarde Leader plantife againste George halsall defend 
in an action upon accompte 

The defendante doth not appear, and therefore costs of 
Courte is granted to the plantife which is 29' 1"^ accordinge to 
his bill of charges 

M' Richarde Leader plantife againste George halsall de- 
fendante in an action of the case for withholdinge & dcteyninge 
from him a certaine wharfe, shopp & garden in Boston. 

The defendante doth not appear and therefore the costs of 
Courte is granted to the plantife for none appearance which is 

John Jackson plant againste henrie Duglasse defend in an 
action of the case for money dew to him for 18 weekes worke for 
his Sonne to the valeu of 8' sterlinge. 

This action put to arbitracon 

Phillip Lewis plant againste the goodes of Cap* fifrancis 
Champernoune in an action of debte to the valeu of xii*. let fall 

Thomas Bearde plant againste Thomas Johnson in an action 
of the case for not ^forminge his promise or agreemente to 
save him harmlesse concerninge a debte dew to John milam 
w"*" he assigned over unto Christopher Lawson. 

this action put to arbitracon 

Clemente Campion plant againste Alexander Jones in an 
action of debte of xii'. 

this action w^'^ drawne 

William Storer plantife againste mistris mathewes in an action 
of trespass for cominge into a certaine ^cell of marsh grounde 
in a creeke called longe Creeke neer Oyster River, & scatteringe 
abroade certaine Cocks of haye w''*' the saide william storer had 
made in the saide marshe 

put to arbitration 

William fifollet plant againste Edwarde hull defend in an 
action of debte of xv' xv^ 



78 NEW HAMPSHIRE COURT RECORDS 

The Defendante appears not, his bonde of 30' is found forfeit 
for none appearance 

Costs of Courte granted to the plant by the Courte is xxvi" x'* 

John Awlte plantife againste William Storer defend in an 
action of the case for takinge awaye a Cowe of his neer aboute 
two yeares since to his damage viii' 

The Courte and Jurie findes for the defendante 5^ damage and 
costs of Courte xxv^ vi*^ 

M' John miles plantife againste the goodes of Captaine ffrancis 
Champernowne in an action of the case for none payment of cer- 
taine debts, and to save him harmeless from certaine ingagements 

The Jurie findes for the plantife two hundred seaventie 
seaven pounds sixeteene shillings niene pence debt, & costs of 
Courte, xxvi' vi^. The Courte doth accordinge to Law respett 
the Judgement untill the nexte Courte, and the ferme & goodes 
attached are under the Law, and the Tenante is to be responsibl 
to the Courte for x' the yeare till further order be taken by the 
Courte 

Judgment suspended upon good reasons untill the next 
Courte: ordered by the Courte helde at strawberey bank the 
I of the 8 month (52) 

ordered at the Courte at Dover the 29 June 1653 that this 
cause is continued till the next Courte 

Thomas Johnson plant againste James Johnson defendant in 
an action of Review of two Judgements granted him at the 
Courte helde at Dover the 8 of the 8 month (49) 

The plantife not brieflie specifieinge in his warrante the 
causes of his action he is nonesuited. 

John Awlte plant against John Goddarde in an action of 
Trespas for cuttinge & carrieinge awaye certaine grasse & haye 
of his in a certain marshe lyenge on the westerlie side of the 
greate baye neer the house of the saide John Goddarde. 

lett fall. 

henrie Langster plant againste phillip Lewis defend in an 
action of review of an action of trespas brought by the saide 



NEW HAMPSHIRE COURT RECORDS 79 

phillip Lewis againste the saidc henrie Langster at the Courte 
helde at Dover the 3 of the 8 month (48) 

The Jurie findes for the plantife all the marshe above twelve 
acre in the two Creekes that was formerlie given by the Towne 
of Dover to George web, and m' Rogers, and costs of Courte, 
alowed by the Courte xviii* viii*^. 

Alexander Jones plant againste Roger knighte in an action 
of debte of 30'. 

This action withdrawne by consente of the plant & defend 

m' Ambrose lane plant againste Thomas warriner in an action 
of Debte to the valew of three pounds 

The defendant appeared not, and hath forfeited his bonde 
for none appearance 

William Wormewood plant againste Alexander Jones in an 
action of the case for not ^forminge his promise for satisfaction 
of an execution assigned over unto him of the some of v' ii« ix'* 
in October laste by the saide william wormewood againste the 
goodes of John Reignolds. 

The Jurie doth finde for the plantife the valew of the execution 
beinge five pounds ii« 9*^ damage, and for forbearance of the 
same ii« 9*^ and costs of Courte. Costs of Courte granted 18^ 6^ 
tot. 6' 4" o^ 

John Webster plant againste william Cosens in an action of 
debte upon accompte 

The Jurie findes for the plantife eighte pounds niene shillings 
eighte pence of debte upon accompte & costs of Courte. 

Costs of Courte granted is i8« 3*^ tot. 9' 7« ii'* 

John heywarde plant againste William Evens in an action of 
accompte of the valew of nientie & niene pounds. 

let fall this action. 

John Wotton plant againste George walton defendante in an 
action of trespas for cuttinge certaine timber trees on the lande 
of the saide John wotton to the valew of xx^ 

The Jurie findes for the defendante costs of Courte 

Costs of Courte granted is I2« 4*^ 



8o NEW HAMPSHIRE COURT RECORDS 

The names of the grande Jurie sworne at the Courte helde at 
Dover the i, 2 of the 8 month 1651. 

wiUiam wentworthe John moyses 
Thomas Layton william Seavie 

Thomas Roberts Roberte puddington 

James newitt william Cotton 

Thomas willey Joseph Austin 

Charles Addams henrie Tibbots 

Thomas ffooteman 

The names of the Jurye for tryall of actions at the Courte 
helde at Dover i, 2 of the 8 month 1651. 

william wentworthe william ffurburre 
John Dam william Roberts 

John hall william ffollett 

Thomas Canney Samuell haynes 

James Rawlyns Thomas Layton 

mathew Giles Thomas Roberts 

Acts & orders At the Courte helde at Dover the laste of the 
7 month 1 65 1 and the firste & 2 of the 8 month 1651. 

At the saide Courte ffrancis Smythe binds him selfe before 
the Courte held at Dover the i of the 8 mo. (51) in the some 
of one hundred pounds in the behalfe of George halsall that the 
saide George halsall shall not take any advantage of the law 
againste m"' Leader for his not appearance in Court the forenoone 
of the 2 daye of October 1651. 

At the Courte helde at Dover the i of the 8 month (51) 
The administration of the estate of Darbey ffield deceased is 
granted unto m"" Ambrose Gibbins whoe is to p''sent a trew & 
^fecte Inventorie of the estate & goodes of the deceased Darbey 
ffield at the nexte Courte to be holden at Dover or strawberey 
banke. 

an Inventorie p'"sented at the saide Courte helde at dover 

At the Courte helde at Dover the i of the 8 month (51) 
The administration of the goodes of James nickolds deceased is 



NEW HAMPSHIRK COURT RECORDS 8l 

granted unto waiter knighte, whoe hath p'"sented an Inventorie 
thereof unto this p-^sent Courte held at Dover the i of the 8 
month (51) and is to paye such Dew Debts which the saide 
James nickolds did owe at the time of his Decease and to give 
a trew accompte of the same unto this Courte within the space 
of sixe monthes nexte ensuingc. 

At the Courte helde at dover the 2 of the 8 month (51) 
Thomas willey & william Bearde stande bounde to this Courte 
now helde at dover in the some of fhftie pounds upon condition 
That yf the saide Thomas willey & william Bearde or either of 
them their executors administrators or assignes doe or shall 
paye or cause to be paide unto the nexte Courte to be holden at 
Dover or Strawberey banke the some of thirtie pounds sterlinge 
for the use & behoofe of Sarah Crawford the daughter of Steephen 
Crawford, deceased, That then this bonde to be voyde and of 
none effecte, or else to remaine in full force & effecte 

acknowledged in Courte the 2 of the 8 month (51) 

At the Courte helde at Dover the 2 of the 8 month (51) 
whereas the action dependinge in this Courte between Thomas 
Bearde plantife and Thomas Johnson defend, yt is ordered by 
the Courte (with the consent of the saide ^ties) that the saide 
action & all other differences actions & demands between them 
are referred to the arbitration of m' Richard waldern m"^ Bryan 
pendleton & william wanteworthe or any two of them to . . . 
ende & determine the same, soe as the saide arbitration be made 
in . . . before the ende of 6 weekes after the ende of this Courte 
and the saide Thomas Bearde & Thomas Johnson have entered 
into bonds each other in Courte in the some of 50' to stande & 
abide the order determination & Judgemente of the saide arbi- 
trators or any two of them and if paymente of the saide awarde 
be not paide or ^formed accordinge as the saide arbitrators doe 
find or shall in their awarde in writinge the execution to be 
granted out for ^formance thereof 

Thomas Bearde & Thomas Johnson acknowledged the bonde 



82 NEW HAMPSHIRE COURT RECORDS 

At the Courte helde at Dover the 2 of the 8 month (51) yt is 
ordered by the Courte that Roberte Davis shall bringe a certifi- 
cate by oath that his wiefe is deade before m'" Smythe within 
one month after the ende of this Courte or else attachmente 
shall be made to carrie him to Boston goale. 

At the Courte above saide it is ordered that the Inhabitants 
of strawberey banke shall paye a proporcinable share for the 
charges aboute the imprisonmente of darbey fhelde & keepinge 
of him whoe was distracte of his wits. 

yt is ordered by the Courte above saide that Raphe hall shall 
bringe in his accompte of the charges of the dyett of the magis- 
trates & Jurie & other officers of the saide Courte unto m' 
Smythe m' walderne & henrie Sherburne or any two of them, and 
what they shall finde to be dew unto him and alowed by the saide 
m' Smythe m"" walderne & henrie sherburne or any two of them 
shalbe paide unto the saide Raphe hall by the Inhabitants of 
Dover & strawberey banke accordinge to a proporcionable share 
in merchantable Corne wheate pease fishe or cattle or other 
good paye w*^in the space of two monthes after the ende of the 
saide Courte. 

yt is ordered that James newitt shall be comitted to the 
marshall as his prisoner untill he shall finde one shuretie to be 
bound with him in x' to appear at the nexte Courte to be holden 
at Dover or strawberey banke & in the meane time to be of 
good behaviour. 

waiter abbot of strawberey banke is alowed by the Courte to 
keep an ordinarie 

william Cotton is chosen Constable for the upper ^te of 
strawberey banke whoe is to take his oath before m"" Smythe 
sworne accordinglie 

John hall is sworne Constable for Dover before m' wigne 
after the end of the Courte 

Thomas willey sworne Constable for oyster River before 
m' wiggin after the Courte 

At the Courte helde at Dover the 2 of the 8 mo. (51) James 



NEW HAMPSHIRE COURT RECORDS 83 

Johnson did acknowledge before the Courte that he had solde 
unto James Rawly ns his house & lande upon the longe Reache 
and all the one halfe of the marshe which was between him & 
m' nutter & him the saide James Johnson, and that he had re- 
ceived full satisfaction of the saide James Rawlyns for it. 

yt is ordered by the Courte that attachments shalbe granted 
againste all such ^sons whoe have bine hearetofore p'"sented by 
the grande Jurie for misdemeanors, and have not answered the 
same p'sentments, to compell them to appear at the nexte 
Courte to be holden at Dover or strawberey banke to answere 
the same. 

The p''sentments made by the grand Jurie at the Courte held 
at Strawberey banke the 8 of the 8 month 1650. 

The grand Jurie p'sented Giles parre for beinge in drink & 
for sweringe and for abusinge his master, witnes William Bene 

p'sented also Giles parre for beinge drunke & for sweringe & 
abusing the Constable ffrancis Rande. witnesse ffrancis Rande. 

p''sented phillip Chesley & his wiefe for fightinge & brawlinge 
witnes william Bearde. admonished 

mathew Giles presented for swearinge divers oathes witnes 
Thomas Layton Constable. 

The p'sentments of the grand Jurie at the Courte helde at 
Dover the last of the 7 month 1650. 

The grand Jurie p'sented henrie Tibbets for a lye to the 
Towne for sayinge there was a plott laide at william ffurburs 
againste m' maude and william pomfrey had a hande in it but 
would not be seene in it witnes James newitt 

admonished for the same. 

George walton p^^sented for abuse the Lords daye in carrieinge 
boords goinge to the Isle of sholes. witnes a comon fame 

George walton & Roberte mendam p^^sented for deliveringe 
men wine more then would doe them good at starre Island while 
they did fighte witnes Rice Codogens dafter fined v». 



84 NEW HAMPSHIRE COURT RECORDS 

James Richards Daters man p'^sented for a com'on lie & a 
breed Gate, and for stealinge meate out of william ffollets house 
witnes John awlte Constable 

Thomas Spinney and margerie the late wiefe of william nor- 
man for keepinge companie togeather at unseasonable times, 
beinge founde together in the woodes in an unseemlie manner 
witnes John webster 

Edwarde Barton p'^sented for beatinge his wiefe: witnes John 
Sherburne 

Phillip Cheslie Thomas ffooteman Thomas Johnson & william 
Roberts p'^sented for goeinge in the time of meetinge to the 
ordinarie in the after noon the 25 of maye laste witnes Thomas 
Bearde Constable, admonished 

Thomas ffooteman p'^sented for abusinge the Constable Tho: 
Bearde witnes Thomas Bearde: fined for the same 13' 4'^ 

Thomas Trickey p'sented for abusinge the Constable: fined 
for it 3" 4<^ 

The Courte sittinge at strawberey banke aboute two yeares 
agoe I william paine of Ipswich beinge there was desired by the 
Courte to administer on the state of Thomas Turpine w"^ was 
deceased, and I did accepte of the Courte motion beinge on 
of the creditors of the saide Turpine, & by vertue thereof have 
received of Richarde Commings ffoureteen pounds which was 
dew to the saide Turpine, for a parcell of land & house upon it 
which the saide Richarde Com'ings & Turpine boughte togeather 
of m' ffrancis williams, and for the saide Turpine solde his parte 
to the saide Commings, witnes my hande this 15 of Oct. 1652 

william paine 

witnes Brian pendleton waiter Abbut 

Concordat cum original and Recorded the 16 of the 12 month 
(52) By me 

George Smythe Recorder 

These p'sents witnesseth that I william Bearde for & in con- 
sideration of the some of Thirtle fyve pounds & tenne shillings 



NEW HAMPSHIRE COURT RECORDS 85 

to me in hande paide by ffrancis mathewes at & before the en- 
sealing & delivery heareof as also for other good causes & con- 
siderations me the saide william Bearde thereunto moevinge, 
have gi\'en granted bargained sold enfeofed & Confirmed, and 
by these p'"sents doe give grant enfeofe & confirme to the saide 
ffrancis mathewes his heires & assignes all that my house & 
lott of lande which I now have or oughte to have or hearetofore 
have enjoyed with all & singuler the appurtenances scituat 
lyenge & beinge in Oyster River nexte adjoyninge to the lande 
of Darbcy ffield To have & to holde the aforesaide houses & 
lande and all other the premisses with appurtenances to the 
saide ffrancis mathewes his heires & assignes for ever, and that 
the saide ffrancis mathewes his heires and assignes & every of 
them shall & maye from time to time and at all times heare 
after peaseablie & quietlie have holde occupie & possess and 
enjoye the aforesaide houses & lande & other the p'^misses with 
appurtenances without the lawfull lett suite trouble eviction 
or expulcion of me the saide william Bearde my executors or 
assignes, or by any other person or persons whatsoever Claym- 
inge the same or any ^te or ^cell thereof in from by or under 
me or any of them. In witnes whereof I the saide william 
Bearde have heareunto sette my hand & scale the . . . daye of 
June in the 16*^ yeare of the Reigne of our soveraine lord kinge 
Charles anno dom. 1640 

the signe of william X Bearde 

Sealed signed & Delivered in the p'"sence of us Ambrose Gib- 
bons . . . Roger Garde 

The p'"misses is a trew copie of the originall and Recorded the 
29 of the firste month 1653 By me 

George Smyth Recorder 

To all Christian people to whom these p^'sents shall come 
know yee that I william hilton of Dover in the Countye of 
norfolke in new England for and in consideration of fyve pounds 
currante money in hand paide before the sealinge & deliverie 



86 NEW HAMPSHIRE COURT RECORDS 

heareof by ffrancis mathewes of Oyster River in the Towneship 
of Dover have covenanted bargained & solde, and by theise 
p'sents doe Covenante & bargaine unto the saide ffrancis 
mathewes his heires executors & administrators for ever one 
lotte or parcell of grounde lyeinge in Oyster River aforesaide 
upon the north side of the saide River, conteyninge in estimation 
88 acres of lande or there aboute given & granted to mee by the 
Towne of Dover, and also all the marsh in a Creeke there unto 
adjoyninge with all & everie the appurtenances there unto be- 
longinge, and the saide william hilton doth further promise & 
covenante & grant for himselfe his heires executors & adminis- 
trators that the saide ffrancis mathewes his heires executors or 
assignes shall have holde occupie & enjoye peaceablie the saide 
88 acres of grounde with the marsh thereunto adjoyninge and 
belonginge for ever, without the lette hinderance or molestation 
of them or any of them, or any other ^son or ^sons makinge 
claime to the same. In witnes whereof I have put my hande & 
scale the seaven daye of July Anno Dom. 1644. 

also one small parcell of marshe in the saide Oyster River 
opposit to the saide marsh formerlye in the occupation & use 
of the saide william hilton w"'' saide parcell he doth allinat as 
the reste to the saide ffrancis mathewes, with all his right title 
and intereste therein. In witnes he hath hereto put his hande 
& scale william hilton 

Sealed & delivered in presence of us Edw. Godfrey George 
Smyth 

The p'misses doth agree with the originall and Recorded by 
me George Smythe Recorder the 29 of the firste month 1653 

Be it knowne by these p'sents that wee Roger Knighte & Anne 
his wife now livinge at Strawberey banke in Pascataque River 
for good & valuable consideration by us in hande received have 
given granted bargained and solde, and by these p-'sents doe give 
grante bargaine & sell unto Richarde Cutt all that house houses 



NEW HAMPSHIRE COURT RECORDS 87 

& lands at Strawberey banke formerley in possession of ffrancis 
Reines & since Clement Campions, & by the saide Campion 
really disposed of to the saide knighte & his wiefe now the said 
parcells To have & to holde the saide house houses & land to him 
the said Richarde Cutt his heires & assignes with all lands previ- 
liges & appurtenances for ever, and we the saide Roger & Anne 
knight & our heires the saide house houses & land unto the saide 
Richarde Cutt his heires & assignes againste all men, and spe- 
ciallie the heires of Clement Campion shall and will warrante & 
defend by these p'sents, witnes our handes & scales the y'** of 
maye 1653 

Roger Knight 
John Brewster 
Anne Knight 

Sealed & delivered in the p'^sence of us ffrancis X ... his 
marke william hall 

This deed or writinge above specified was acknowledged by the 
above named Roger knighte to be his & his wiefe acte & deed the 
tenth daye of June 1653 Before me 

George Smythe 

The p-'misses is a trew copye of the originall, and recorded the 
26 of June 1653 By me 

George Smyth Recorder 

[Court Papers, vol. i, p. i.] 

the 28 Day of the 4 mo 52 

the presentments by the grand juri 

1 We present Jane Canny of Dover for stricking hir husband 
witnes Leftenant heais and good-wif 

2 we present John Webstar for misusing his wife as she com- 
plaind to the constabl. this p'sentment lett fall 

3 we present m"" batchelder for being 2 or 3 days and with 
in John webstars house and webstar said he could not get him out 
as m' pimblton saith Batchelder fined 10* 



88 NEW HAMPSHIRE COURT RECORDS 

4 we present John webstar for the retaining of m' batchelder 
contrari to law 

5 we present John webstar for being drunck witnes John 
Redmon 

6 we present Thomas gwin for being drunck one the lords 
day in the metin hous in the time of exercise: fined lO" M' hill 
bounds for it: Raph hall fined 5^ for misdemeanor in lettinge 
his maids give the drinke 

7 we present the toun of Dover for the want of just weights 
and mesurs: the Towne have libbertie to p'^vide between this & 
the next countie courte 

8 we present thomas Sharpam for being in Drinck and 
swaring 2 othes witnes John lock and ritchard Shortridg and 
John moses 

9 we present Richard basom for cursing and saing the 
Divell tack all new Ingland men witnes John hart and his wife 
tacken upone oth before the Court fined ten shillings for Cursing 
for being drunke ten shillings & to bee bounde to his good be- 
haviour til the next courte John Sherburne . . . for the money 
& the behaviour 

James midlton Phillip Egerlie william Smith George ffr'asie 
Henry Browne Tho : ffootman sommonsed to answer by way of 
persntment 

James midlton is fined 20^ & bound to the good behaviour 

George ffeassie fined 2^ 6"^ for being longe at the ordinarie 

Tho: willie fined 20^ 

Licensed to keepe ordinarie 

10 we present the toun of Dover for the ways betwixt 
hiltons poynt and Cochecho: The towne on penalltie of 5' the 
next court 

11 we present the toun of Dover for the ways betwix 
oystor river poynt and m"" hils mill: on penalltie of 5' the next 
courte 

12 we present the toun of Dover for the way at the head 
of Johnsons Crick: on penaltie of 5' the next court 



NEW HAMPSHIRE COURT RECORDS 89 

13 we present all the Oardenaris of dover and porchmouth 
for seling wine at i8 shillings p'' gallon and rum at i6 p"" 
gallon 

we the gran jury all agree as on to thes presentments 

Job. Clements 
for man 
Walter Abbitt 
George walton 
John Webster 
Roger Knight 
Raph Hall 
John Vickford 
Tho Trickee 

Actions at the Courte helde at Strawberey banke the 8, 9, & ii 
of the 8 month 1652. 

M' ambrose lane plantife againste m' Valentine hill defend in 
an action of debt of 80^ dew by bill unto m' John Richbell, and 
by him assigned unto m"" Sampson Lane & m"" ambrose lane, and 
m' Sampson lane his ^te also assigned by him to the saide 
Ambrose lane. 

The Courte doth not see cause to give judgmente againste m' 
Valentine hill in the cause between m"" Ambrose Lane and the 
saide Valentine hill, because the afforesaide m"^ lane was privie to 
the suite com'ensed againste m"^ hill at Boston at which time the 
same some was recovered of m'' hill by Roberte nash of Boston 
for m' Samson lanes Debte. 

M"" Ambrose lane plantife againste James Sherland defend 
in an action of Debte of iiii' xiiii^ given him upon a reference 
between them 
, The defend appears not. 

Thomas Trickey & Elizabeth his wiefe plantlfes againste 
michaell Brande in an action of slander & defaminge of her 
good name, for sayenge that the saide Elizabeth was a base 
whore. 



90 NEW HAMPSHIRE COURT RECORDS 

The Courte doth Judge for the plantifes & give them fiftie 
shillings Damage, & costs of Courte. 

Costs of Courte alowed is by hir bill of costs i ' 2^ g'^ 
execution is to be forborne for 6 monthes 2-10-0 



tot 3-12-9 

William follett plantife againste Roberte nash defened in an 
action of debte upon the forfeit of a bonde 

The defend appears not and his bond is forfeited. 

Costs of Courte granted to the plantife is 23^ 3*^ as by his bill 
of coste appearethe 

henrie Langster plantife againste phillip Lewis defendant 
upon a replevin of certaine marsh ground lyenge neer the 
fferme of Captain ffrancis Champernowne of the goodes of the 
saide henrie Langster, attached by the saide phillip Lewis to 
answere him in an action of Reveiwe of an action of trespas w"'' 
henrie Langster broughte againste the saide phillip Lewis at the 
Courte helde at dover the firste of the 8 month (51) 

This action is continued till the nexte Courte. 

henrie Tibbots plant againste Samuell heynes Defend in an 
action of trespas for takinge & carrieinge awaye certaine grasse 
or haye out of certaine ^ cells of marsh grounde lyenge neer the 
fferme of Cap* ffrancis Champernowne. 

This action is continued till the nexte Courte. 

Josepthe Atkinson plantife againste marye Clay the wiefe of 
Jonas Claye Defend in an action of slaunder & defamation for 
sayeinge the saide Josepthe did take up the saide marye Clayes 
Coates and woulde have ravished her. 

The Courte doth Judge for the Defendante, and give her, and 
the saide Jonas whoe came from welles, for costs & damage fiftie 
shillings and also fined for his yll behaviour for the use of the 
Country in . . . and to be bounde to appear at the nexte Courte 
& in the meane time to be of good behaviour, and also not to 
frequent or come to the house of Thomas seavie, as by a bonde 
heareunto anexed appeareth. 



NEW HAMPSHIRE COURT RECORDS 9 1 

Thomas Johnson plant againstc Oliver Triminge in an action 
of the case for not ^forminge his promise to acknoledge a 
Judgmente at the laste Courte helde at Dover of the some of x' 
unto the saide Thomas Johnson. In consideration that the saide 
Thomas Johnson woulde not prosecute on action againste him at 
the saide Courte for sweringe untrulie at the Courte helde at 
dover the 3 of the 8 month (48) in an action then dependinge 
between the saide Thomas Johnson plantife & John Tayre defend 

The Courte doth Judge that the defendante Triminge shall 
paye unto the plaintife eight pounds Damage, and costs of Court 
Costs of Courte granted is xxiiii^ iii'^ 

M' Richarde walderne plant againste phillip Lewis defend in 
an action of trespas for cuttinge downe certaine pine trees, 
which he had marked for mastes, & cuttinge them in peeces in a 
swompe lyengeon the north side of Bellamines banke freshe river, 
& other timber trees granted him by the Townes men of Dover. 

The Courte doth Judge & order that this action shalbe con- 
tinued, and the cause of this action is referred unto m'' pendleton 
hatevill nutter & william pomfrette, to veiw the land & swompe, 
& grante of trees by the Towne to m' walderne & phillip lewis, 
and to certifie there Judgemente concerninge the p^'misses at the 
nexte Courte. 

wee whose names are under written beinge appointed by the 
Courte laste holden at Strawberey banke to end a difference be- 
tween m"" Richarde walderne of Dover and phillip Lewis aboute 
the felling of some pines in a swompe neer Cacheche, wee finde 
that the saide phillip hath fallen the saide trees which did be- 
longe to the saide m'' walderne; wherefore to make a finall ende 
for peace & quietnes wee adjudge the saide phillip to acknowledge 
his faulte & trespasse to m"^ walderne and promise to trespas him 
noe more, dated the 5 of march 1652 

By us Brian pendleton 
hatevill nutter 

Alexander Jones plantife againste the goodes of John Reignolds 
in the hands of John Tuttle and George walton, or else where to 



92 NEW HAMPSHIRE COURT RECORDS 

the valew of xx' to answere the complainte of the saide alex- 
ander Jones in an action of the case for not savinge him harme- 
lesse from certaine ingagements that he was bound for the saide 
John Reignolds. 

The Courte doth Judge that the goodes of John Reignolds 
shall satisfie alexander Jones to the valew of sixe pounds & foure 
shillings which he paide unto william wormewood upon execution 
granted againste him by a verdit of the Jurye at the Courte helde 
at Dover the firste of the 8 month (51) and also for the forbear- 
ance of the same till this Courte x^ more for the execution ii« for 
leavienge the execution viii^ ffor this Courte for enteringe the 
action x^ for attendance of the plantife 3 dayes at 18*^ the daye 
iiiis vi'^ for an attachmente & servinge it ii^ vi'^ tot. 8^-0^-9"^ 

Orders and acts at the Courte helde at Strawberey banke the 
8, 9, & 10 of the 8 month (52) made and ordered by Richarde 
Billingham Esquire Thomas Wiggin Esquire m"" George Smythe, 
m"^ Brian pendleton, & m"" Richarde walderne associats 

At the foresaide Courte m"" George Smythe m'' Brian pendleton 
and m"" Richarde walderne were sworne associats for the saide 
Courte. 

The Courte doth order that Clemente Campion shall satisfie 
Thomas ffursen vi« for his attendance at the saide Courte, and 
noe action entered againste him by the saide Clemente Campion. 

humfrey wilson doth acknowledge himselfe indepted unto 
George walton in the some of xiii^ iiii^ and also niene hundred 
foote of pine boords and doth acknowledge a Judgement thereof 
in Courte the 9 of the 8 month (52) 

At the saide Courte the administration of the estate of henry 
plumpton deceased is granted unto Thomas Canney whoe is to 
paye such dew debts which the deceased did owe at his decease, 
and to presente a trew and ^fecte Inventorie of the same and 
give an accompte thereof at the nexte Courte. 

Thomas weay doth acknowledge him selfe indebted unto John 
Webster in the some of twentie pounds fyve shillings & iii'^, and 



NEW HAMPSHIRE COURT RECORDS 93 

doth acknoledge a Judgemente thereof in Courte the 8 of the 8 
month 1652. 

At the saide Courte m"" Brian pendleton Reignold ffernalde & 
henrie Sherburne sworne to heare & end small causes. 

y t is ordered by the Courte that Roberte Davis & waiter Hughs 
shall goe to their wifes beinge in England with the firste Shipp that 
shall goe from this Jurisdiction after the ende of the firste month 
nexte ensuinge or else to paye twentie pounds in default thereof 

yt is also ordered by the Courte that waiter kingsle shall goe 
to his wiefe beinge in England with the firste Ship that shall goe 
from this Jurisdiction after the ende of the firste month nexte 
ensuinge or else to paye Twentie pounds in defaulte thereof. 

at the saide Courte Richarde Comings sworne to be Constable 
for the upper ^te of Strawberey banke. 

yt is ordered by the Courte that m"" Brian pendleton & m"" 
Richarde walderne shall take the accompte of william Storer of 
John Crowders estate, and they shall take that estate into their 
hands which they finde in his hand and dispose of yt to the cred- 
itors as they shall see in their Judgment moste fytt. 

wee whose names are under written beinge appointed by the 
Courte laste holden at Strawberey banke the 8 of October 1652 
to dispose of a certaine ^cell of goodes in the hands of william 
Storer marshall of Dover which did belonge once to John Crow- 
der of strawberey banke . . . wee order to the marshall for his 
paines & service & venturing his life thereby five shillings 

and whereas there is more remayninge to the valew of thirtie 
shillings & two pence award it wholy to m"" hugh . . . because 
we finde the saide Crowder was indepted to him 

Dated this 5 of march 1652 

^ us Brian pendleton 
Richarde waldern 

at the foresaide Courte Giles parre fined x^ for drunkeness 

James newte fined x^ for saying that Lefetenante pomfrett 
was a deceiptfull man & had a deceiptfull harte & xx more 
would saye as much. 



94 NEW HAMPSHIRE COURT RECORDS 

whereas John hunkin and Christopher Jose beinge p'sented by 
the Constable of starre Island for sellinge of wine without order 
at starre Islande, are fined in five pounds each of them for the 
same according to the laws of this Jurisdiction. 

Josepth atkinson fined in 6" for his yll behaviour as appeareth 
in page 79. [97] 

yt is ordered by the Courte that James newte shall be bound 
to his good behaviour in the some of xx' with two sufficient 
sureties in x' each, upon Condition that the saide James newte 
shall appear at the nexte Courte to be holden at Dover or Straw- 
berey banke, and in the meane time to be of good behaviour, 
which if the saide James newte shall not ^ forme within three 
dayes after the ende of this Courte to give bonds as afforesaide, 
before m"^ Smythe or m"^ pendleton then the saide James newte 
shall be com'itted to Boston prison there to remaine untill he 
shall ^ forme this order. 

know all men by these p'"sents that I James newte of Dover doe 
acknowledge my selfe to owe to this Jurisdiction the some of 
Twentie pounds sterlinge and I Raphe hall of Dover doe ac- 
knowledge my selfe to owe unto this Jurisdiction the some of 
Tenne pounds sterlinge, and I John hall of Dover Doe acknowl- 
edge my selfe to owe unto this Jurisdiction the some of Tenne 
pounds sterlinge; upon Condition that the saide James newte 
shall ^sonallie appear at the nexte Courte to be holden at Dover 
or Strawberey banke, and in the meane time to be of good be- 
haviour witnes our hands the 14 daye of the 8 month 1652 

James newtte 
Raphe hall 
John hall 

acknowledge the 14 of the 8 month (52) before me 

George Smythe Recorder 

The p'^misses is a trew copie of a bonde acknowledged as 
afforesaide. 

The Deposition of william Storer marshall sworne in Courte 
the 9 of the 8 mbnth 



NP:\V HAMPSHIRE COURT RECORDS 95 

The Deponente sayth that when I desired James newtt to put 
in bonde for his good behaviour, he answered me that neither the 
Courte nor thou dare owne it and further he saide to me that he 
cared not a farte neither for thee nor Captain wiggin. 

yt is ordered by the Courte that James newtt shall at the 
nexte trayninge daye at Dover acknowledge before the people 
then assembled that in soe sayeinge as afforesaide he did verie 
sinfullie, and was sorie for the same, or else to be sent to Boston 
goale, there to remayne till satisfaction were made accordinglie. 

whereas I James newtt, at the Courte held at Strawberey 
banke the lo of the 8 month (52) was charged by the deposition 
of william Storer marshall that when he desired me to put in 
bonds for his good behaviour, that I answered him that neither 
the Courte nor thow dare owne yt, and further that I shoulde 
saye to him that I cared not a farte neither for thee nor Cap- 
taine wiggin I do heare acknowledge before the people heare 
assembled that in soe sayeinge as afforesaide I did verie sinfullie 
and am sorie for the same 

The p'"misses was acknowledged by James newtt the 18 of the 
8 month (52) (beinge the firste daye of trayninge after the Courte) 
before the trayned band and other people there assembled. 

yt is ordered by the foresaide Courte that Roberte mussell shall 
be water baylife to looke to the ships that shalbe ridinge in the 
greate harbour and that such ships be discharged of their ballaste 
accordinge to the lawes of this Jurisdiction and not to caste any of 
their ballaste into the River to the annoyance thereof, and he is to 
have ii^ vi*^ a daye for his fees of such as shall transgress therein. 

yt is ordered that the Inhabitants of strawberey banke shall 
make one parre of stocks at strawberey banke, and one paire 
more at the greate Islande, and shall have them orderlie sett up 
within foure monthes after this p'"sente Courte upon the penaltie 
of five pounds. 

yt is ordered that michaell Brande shall paye for two p'sent- 
ments for swering xx« or sitte in the stocks at Dover two 
houres. he did sitt in the stocks accordinge to the order. 



96 NEW HAMPSHIRE COURT RECORDS 

whereas at the Courte holden at SaHsbury the 13 of the 2 
month (52) Josepth Davis of haverill beinge p'"sented for puttinge 
on woemans apparell and goeinge aboute from house to house In 
the nighte and mary peaslye accompaninge him, which mary 
peasly was also p'^sented for goinge with the saide Josepth Davis 
in the nighte, and for as much as the saide Josepthe davis & mary 
peasly beinge removed from haverill into this Jurisdiction and 
beinge apprehended and broughte into the foresaide Courte 
heare holden at strawberey banke the 9 of the 8 month (52) yt is 
ordered by the Courte that Josepth Davis is Judged to paye x' 
fine, and also to make publike acknowledgment of his fault on a 
certaine daye at haverell before the nexte Courte givinge notice 
before hande to some Elder there that the people may take notice 
thereof; and for wante of doinge this to forfeitt fourtie shillings 
more then the former x^ 

Marye peasly is admonished for goinge with Josepth Davis 
who went in womans apparrell at haverell. 

yt is ordered by the Courte that the Inhabitants of hampton 
strawberey banke & Dover shall make & keep a sufficiente high 
waye for horse and man from hampton to bloody pointe before 
the tenth daye of Aprill nexte upon the penaltie of five pounds 
in Defalte thereof. 

yt is ordered by the Courte that John wotton is comitted to 
william storer marshall as a prisoner, untill he shall paye twentie 
pounds to the use of this Jurisdiction or Courte or else shall enter 
into bonde of the some of Twentie pounds with two sufficiente 
sureties to goe to his wiefe to Englande with the firste Ship that 
shall goe from this Jurisdiction. 

yt is ordered by this Courte that m"" pendleton & m"" walderne 
shall aproove of the accompts at Courte & other charges, and 
likewise to see that the Townes shall equallie paye the same, and 
likewise to order for the cost of yeares paste. 

y t is ordered by the Courte that strawberey banke Towne shall 
forthwith make a sufficiente high way for footemen over the marshe 
which is in the rode waye from strawberey banke to sagamores 
Creeke within one monthe upon the penaltie of fourtie shillings. 



NEW HAMPSHIRE COURT RECORDS 97 

yt is ordered by the Courte that william storer marshall is to 
have out of the fines at Courte fourtie shilHngs for his attendance 
at the Courte and also for everie action i^ and for everie fine i' 

yt is ordered by the Courte that Roberte Davis fifrancis 
Trickey Thomas wedge & goodman barton everie of them shall 
paye the Constable william Cotton ii« for attachinge them to 
appear at the Courte to answere their p'sentments. 

yt is also ordered by the Courte that John wotton shall paye 
the Constable william Cotton ii^ for executinge an attachmente 
to fetch him to the saide Courte the 1 1 of the 8 monthe (52) and 
also to paye Edwarde Barton & Roberte Davis each ii^ for assist- 
inge the Constable in regarde he woulde not come to the Courte 
before he was fetched by an attachmente or speciall warrante 

The names of the grand Jurie sworne at the Courte held at 
strawberey bank the 8 of the 8 month (52) whoe were sworne to 
deliver their p'"sentments at the nexte Courte to be holden at 
Dover or strawberey banke 

Reignolde ffernall, Thomas walforde, John hall, Anthonie 
brackett, John Jackson, henrie becke, John Sherburne, John 
bigforde, John Awlte, John hall of Dover, Thomas willey, James 
. . . , and henrie langster In number 13 

The p'sentments of the grand Jurie at the Courte helde at 
strawberey banke the 8 of the 8 month 1652 

Richarde pincome p''sented for abusinge himselfe with Drinke 
and for cursinge witnes Thomas Layton John hall. 

John Shilande p'"sented for abusinge himself with Drink and 
for sweringe witnes Thomas Layton John hall. 

Barnabe Lamson p'sented for breach of peace, witnes m' 
Walderne 

James newtt p'^sented for abusinge of authorities witnes william 
storer 

James newtt bound to his good behaviour for the same 

michaell Brande p'"sented for a com'on swearer, witnes 
Jeremie Sheares, Elizabeth sheeres & goodwife Trickey. 

michaell Brande p'"sented for breach of peace, for strikinge of 
goodwife Trickey. witnes John sheere. 



98 NEW HAMPSHIRE COURT RECORDS 

michaell brande fined xx« for the two p''sentments or else to 
sitt in the stocks at Dover two houres, he sate in the stocks two 
houres at Dover, & in soe doinge saved his fine. 

Thomas ffursen p^sented for over much Drinkinge witnes 
marke hands 

Thomas ffursen p-'sented for sweringe. witnes marke handes 
and wiliiam Cotton. 

Giles parre p'"sented for excessive Drinkinge, and for sweringe 
witness wiliiam Cotton. 

At the saide Courte within specified 

James newtt p'sented for abusinge the Towne Clarke in saye- 
inge that he was a deceiptfull man, & had a deceiptfull harte. 
witnes hatevill nutter fined for the same x* 

wiliiam Storer p'^sented for abusinge goodwiefe newtt in call- 
ing her base jade witnes James newtt. 

wiliiam Storer also p""sented for callinge James newtt base 
yreslinge knave at severall times, witnes James newtt. 

The 23 of Julye 1653 Thomasine mathewes widow entereth her 
caution for a certaine parcell of lande lyenge & beinge upon the 
greate Island on the south side of the greate harboure in pas- 
cataway River which ^cell of lande was heretofore bought by 
ffrancis mathewes deceased of John hurde of sturgeon Creeke. 

Recorded by me George Smyth recorder 

The 25 of Julye 1653. George walton entereth his caution for 
a certaine parcell of lande lyenge & beinge upon the greate Islande 
on the south side of the greate harboure in piscataway River, 
which ^cell of lande was hearetofore boughte by the saide 
George walton of John hurde of Sturgeon Creeke. 

Recorded by me George Smythe recorder 

know all men by these p'sents that wee Edwarde Starbuck of 
Dover and [kathren] Starbucke wiefe of the afforesaide Edward 
Starbucke, for & in consideration of full satisfaction in hande 



NEW HAMPSHIRE COURT RECORDS 99 

received and for divers other reasons us moveinge theareunto, 
do by these p'sents bargaine & sell give & grante unto peeter 
Coffyn now of Dover the one halfe parte of the graunt of the 
ffalles comonlie called Cochecho upper falles, which was granted 
& given unto me the afforesaid Edwarde Starbucke by the 
Townes men of dover, the firste Daye of Julye one thousande 
sixe hundred & ffiftie, with all accomendations of water & timber 
conteyned in the afTorsaid grante, and also all ^vileges & righte 
of Timber that was added by a seconde grante made to me by the 
afToresaide Townes men of Dover the fyfth daye of december 
the ycare of our lorde one thousand sixe hundred fiftie & two, and 
all appurtenances to the afforesaid grants & guifts appertaininge, 
soe farr as the one halfe of the saide grants doth extend, & wee 
the above named Edwarde Starbucke & [kathren] Starbucke Doe 
as afforesaid for our selves our executors administrators heires & 
assignes give & grante bargaine & sell for ever unto the afforesaide 
peter Coffyn his heires executors administrators and assignes the 
afforesaide moyte or one halfe parte of the afforsaid falls and 
timber & all privileges & appurtenancs therunto belonginge 
whatsoever as by the afforesaide grants maye or shall appear the 
afforsaid peter Coffyn or his successors payeinge the one halfe 
of the yearelie rent dew unto the Towne of Dover as in the grante 
expressed. In witnes heareof wee have enterchangablie sett 
our handes the 20*'> of 5 month (53) 

Edwarde Starbucke 
kathren Starbucke 

Sealed signed & delivered in the p'sence of us the signe of 
nathanell starbucke X The signe of abigale Starbuck X witnes 
Tristrem Coffyn senior 

The p'misses is a trew copie of the originall deed, which deed 
or bill of sale was sealed signed & delivered and acknowledged 
before me the 20 of the 5 month (53) 

Tho : Wiggin 

The p'misses Recorded the x*'' daye of the 9 month 1653 By me 

George Smythe Recorder 



100 NEW HAMPSHIRE COURT RECORDS 

To all Christian people unto whom these p^sents shall Come 
I Georg Smyth of dover sendeth greetinge in our lord God ever- 
lasting know yee that I the said Georg Smythe for & in consider- 
ation of & for the some of sixe pounds xiii« & iiii*^ sterling 
well & trulie satisfied & paid at & before the sealinge & deliverie 
heareof by Denys Downing of kitterey, have granted bargained & 
solde and by these p''sents doth grante bargaine & sell unto the 
said Denys Downinge all that messuage or Tenemente in kitterey 
whereon the saide Dennys now dwelleth, and hearetofore in the 
possession of one John Yongerofe scituate & beinge neer unto 
the River of pascataquacke between ffranke fforte & wats fforte, 
and also thirtie acres of uplande lyenge & beinge neer unto the 
saide messuage or Tenement togeather with all . . . comodities 
& priveleges to the p^'misses belonginge with the appurtenances. 
To have & to holde the said messuage or Ten'te thirtie acres of 
land & other the p'misses unto the saide Dennys Dowynge his 
heires executors administrators & assignes for evermore. In 
witnes whereof I have heareunto sett my hande & scale dated 
the xviii*'' daye of december in the yeare of our Lorde God one 
thousand sixe hundred & ffiftie. 

George Smythe 
Sealed & delivered in the p^'sence of us nicholas Shapleige 
John hall George Branson 

possession liverie & seisure of the messuage & thirtie acres of 
upp lande within specified w*^ the appurtenances was given & 
deliverd by the within named George Smythe unto the within 
named Dennys Downynge according to the purporte & effecte 
use & trew meaning of this deed or writinge within written the 
twelfe daye of Julye anno dom 1651 in the p'^sence of us 

nicholas Shapleigh 
John hall 
william Sealey 
Allin Rowe 
The p'^misses is a trew copie of the original 1 and Recorded the 
xvii*^ daye of november 1653 By me 

George Smythe Recorder 



NEW HAMPSHIRE COURT RECORDS lOI 

Know all men by theas p'"sents that I John wotton of the great 
Island near the great harbor in the River of pascataway planter, 
have this day demised granted & sett unto Richard Tucker of 
Sagamore Creeke in the said River, Agent for Ambrose Lane 
senior marchant, and by theas ^sents doe bargaine, grant demise 
& sett unto the said Tucker his heiers and assignes for the terme 
of nine hundred years from the Date hearof fully to be Compleate 
& ended, on hundred acers of land or thear abouts, be it mor or 
lesse, which land was formerly granted unto fransis mathus now 
desesed and from him to me the said wotton, as by two former 
writings more plainly appears and lyeth on the northwest side 
of the said I Hand, being a neck of land Commonly knowne by the 
name of musketo hall, the first of which writings bears date the 
first of October 1637, the other the 5*^ of September 1646, for and 
in consideration of which lands with all the appurtenances & 
^vilidgis thear unto belonginge, the said Tucker is to pay yearlly 
unto me or my assignes upon every last Day of September 
Dureinge the sayd terme, & beinge lawfully Demanded the sum 
of two shillings, the first payment to begin in September, 1654, 
the which said Instruments or writings I have now Delivered up 
with this unto the said Tucker and Do promise to defend the 
said lands with all the Right & privilidges unto the same belong- 
inge, unto the said Tucker his hiers & assignes from the Just and 
lawfull Claime or molestation of any person or persons whatso- 
ever Duringe the said terme before menshoned, and further I do 
by theas ^sents bargine sell assigne and sett over unto the said 
Tucker his hiers and assines all that my now Dwelling house 
with all other the out husses thearunto bellonging situate Hinge 
& beinge upon the northwest part of the said lands upon the 
same Illand, near the watter side, with the garden. Corn feild and 
the Corne now standing or growing thearin, together with all the 
movabulls, in & out of the house bellonging unto the same, as 
houshould stufe &c with the swine, goats & other Cattell accord- 
inge to an Invoyse bearing date with this ^sents, to have and to 
hould the same as his owne proper goods, & to the soil and proper 
use of hime his heires & asins for ever, for & in Consideration of 



102 NEW HAMPSHIRE COURT RECORDS 

the sume of seventy eight pounds five shillings & on peny to be 
paid unto me or my assignes within twenty fower houers after 
my or their arrival! out of England if god shall so Dispose of 
my goeinge this year, the same beinge lawfully Demanded, or to 
whom so ever else I shall appoint it, and in Deffecte of paiment 
then for mee or my assignes to enter again upon the premises, 
& to Reposses the same againe, provided that I the sayd John 
wotton & my assignes are then to stand to all the Casuall losse 
& necessary Charge that shall happen to be upon all or any part 
of the same, and to give the sayd Tucker Resonabull Considera- 
tion for his Care & paines ether by him selfe or whom he shall 
appoynt for the looking two and managinge of the same as it 
shall be thought Dewe by two or fower indifferent men betwixt 
us, for performance whearof we the said parties do bind our 
selves each to other in the sume of two hundred pounds starlinge 
in witnes whear of we have enter Changabuly sett to our hands 
& sealls the 20''' Day of June 1653 

Richard Tucker 

Sealled signed & Dellivered & posession given in presence of us, 
with a pewter Dish in part of the Rest of the goods which . . . 
according unto the recept bearing Date with theas ^sents & set 
Downe and the same to be added to the 78'-5^-i'* above speci- 
fied witnes Nicholas fTrost . . . 

taken from the originall by me 

Renald Fernald Recorder 

[Court Papers, vol. 4, p. 79.] 

orders & actes of Courte at the Courte held at Dover the 28'^'' 
of June 1653. 

henrye Tybbets sworne to be Constable for Dover 

Oliver kente sworne to be Constable at Oyster River 

y* is ordered by the Court that the Constables of strawbery 
bank on othe shall som'on Robert , . . waiter knight Thomas 
wegges . . . John Wotton to appere at the nexte Courte to be 
holden at strawbere banke or Dover unles they goe to their wifes 
to England in the meane time 

william wentworth sworne a ffreeman 



NEW HAMPSHIRE COURT RECORDS IO3 

It is ordered by the Court that the severall townes of hampton 
strawbery bank & dover shall make a good & sufficient high way 
for horse & foote from hampton to bludy pointe befor the nexte 
Courte upon the penalte of five pounds for every towne or . . . 
note concerning the same 

Charles adams is bond in x* mathew Giles & Tho Pitman in i * 
that the said Charles adams shall appear at the nexte Court to be 
holden at dover or strawberey bank & in the meanc time to be 
of good behavior, and also that the said Charles shall not fre- 
quent or com into the companie of the wiefe of william drew 

ordered that Thomas flfursen shall pay for two p'sentments one 
for being in drinke & other for swearing xx^ or to be whipped 

y' is ordered that dover & strawberey bank shall make a good & 
sufficient prison to be sett up at dover before the next Courte 
upon the penaltie of xxx" and that m' penalton m' waldern 
William pomfrett & henrie sherburne are to be overseers to see it 
^formed & sett up 

Ordered by the Courte that m' pendleton & m"^ walderne shall 
aproove of the charges for the diett of the magistrates Juries 
constables & other charges at Courte and to see the same satisfied 
in some conveniente time in good paye. 

ordered by the Court That whereas John Wotton at y 
Courte held at strawberey banke the 1 1 of the 8 month (52) was 
com'itted to william storer marshall as a prisoner untill he shall 
paye twentie pounds to the use of this Jurisdiction or Courte, or 
else enter into bonds of the some of twentie pounds with two 
sufficient sureties to goe to his wife to England with the firste 
ship that shall goe from that Jurisdiction : and for as much as the 
said John wotton hath not entered into bonde according to the 
saide order y*^ is therefore ordered by the Courte held at dover 
the 29 of June (53) that execution shall be granted to leavie the 
some of twentie pounds of the goodes & Chattells of the said John 
wotton to the use of this Jurisdiction or Courte 

Judgment is granted against the goodes of John Reynolds at 
the suite of alexander Jones as ... at strawberey banke in (52) 



COURT RECORDS 

IN 
NEW HAMPSHIRE 

PROVINCE DEEDS 

Vol. 2 

1654-1673 



NEW HAMPSHIRE COURT 
RECORDS 



At The County Court hild at Portsmouth the 27'^ of Jeun 

1654: 

Thomas willy plaintive against Henry Langstaf deffendent in 
an action of the Case 

The Jury Doth find for the Deffendant and Cost o'-8«-iO'^ 

george walton plaintive Against Izacke Naish Defendant in 
an action of Dept 

The Jury Doth find for the defendent Cost of Court o>-5"-6'^ 

george walton plaintive against Izack naysh Defendent in an 
action of the Case for defaming his housse 

The Jury Doth find for the plaintive Two pence Damage 
and Cost of the Court 1^-2^-9 

william ffallit plaintive for the forfiture . . . against James 
Browne of Charllstowne 

The Jury Doth find for the plaintive thirtie six pounds with 
Cost of Court — 36i-7«-6'i 

John goderd plaintive in an action of . . . against James 
wall Defendent 

The Judgment of the Court is that the Court Doth not exept 
of this Case as it Comes from hamptoune 

Robert waymoth is by order of this Court . . . Administrater 
for his Brother william waymoths estate Dessesed 

At the court hild at potsmoth 28 of June 1654 

It is ordered by this Court that Jane Berry is Administratore 

for hir husbands goods. Dessesed 

m"" Richard waldern plaintive in an action of the Case against 

Philip Chesly Defendent 



I08 NEW HAMPSHIRE COURT RECORDS 

The Jury Doth find for the Defendent and Cost of the Court 
oi_88_od 

Thomas willy is bound to bee Responsive thirty pounds 
starlinge unto Sara Crafoot his Daughter in Law when shee 
shall Com age acording unto a Record in the ould Court booke, 
folio 74: whear william Beard is Clered from a bond as it Doth 
thear apeare 

Thomas willy Doth Ingadge his house and Land for the per- 
formance of the sayd 30^ starlinge 

the Court Doth order that Charlls Adames his bond is to be 
Cansiled 

Captin Champernoun Doth make his apearance to atend 
m' mills or his Administrators, but no aperance made by ad- 
ministrator or any for them 

The Court have ordered that the Inhabitants of Dover are to 
take Care for William Curtise now Impottent & lame not abull 
to labour at present, untell he Cane gett Ceuer: and when it 
shall pleas god to make him abull to worke he is to worke it 
out first with such as shall take Course for his Cuer at such 
... as the Court shall think fite 

The Court Doth order that Jane Berry is to acknowledge 
that she hath Dun goodman Abbit wronge in Dealyinge with- 
out witnes 

Sarra Abbit is to acknolidg that she hath Dun goodwiffe 
Berry wronge in evell spichis 

The grand Jury Chosen for the year insuinge 

m"" william Pumfrit Henry Langstaf 

Thomas walford John hall signior 

John Bickfort signior Thomas willy 

Anthony Ellins Joseph Austin 

william Haine John martin 

John moyssis James Leach 
John sherborn 

At the County Court hild at Dover the 26*'' of June 1655. 

m'' william Paine plaintive Richard seilly Defendent in an 



NEW HAMPSHIRE COURT RECORDS IO9 

action of the Case for Refusing to give bill for payment for 
frayt of fish 

The Jurye Doth find for the plaintife the forfitur of his bond 
and Cost of Court : 

In this Case upon m"" Padisels apperance it is suspended untell 
the ajurnment of this Court 

Anthony Ellins plaintive Richard Commins Defendent in an 
action of the Case for detaining a sertin trackt of Land known 
by the nam fram poynt 

The Jury Doth find for the plaintife the poynt of land in 
question and Cost of Courte i '-6^-0'^ 

John Webster plaintif Against georg Ellit Defendent in an 
action of Debt 

The Jury Doth find for the plaintive two pound thirtin shill- 
ings and nine pence with ten shillings and six pence Damage and 
Cost 4 1-00^-6 -i 

waiter Abbit plaintife against susan Trimings in an action of 
slander. 

The Jury Doth find for the plaintife on whight wampam 
Damage and to bear his own Charge 

wee John Heard, william Beard and Richard Nasson Joyntly 
& severally Do bind our selvs in fower hundred pounds unto the 
Tresurer in the behalfe of the Contry that Richard Nasson shall 
personaly apper at the next Court of asistants hild at Boston 
the first tusday in September to answer unto such Crims as 
shall be laied unto his Charge Conserninge blasphamias speechis 
uttered by him the sayd Nasson 

Jun 2T^ 1655 

the men sworn for the grand Jury for the year insuing vid 
Job Clemente william sevy 

John Dame william Cotton 

John Heard Richard Commins 

Thomas Letton Henry Langster 

william Beard william Brookins 

John goderd John Jons 

John Alt 



no NEW HAMPSHIRE COURT RECORDS 

The nams of the Jury panneld the Crouners inquest upon the 
body of Thomas tuttell the sune of John Tuttell of Dover the 
first month 1655 vid 

Thomas Laiton Jobe Clemence 

John hall Thomas Beard 

william furbur william story 

John Roberts Jams Newtt 

Anthony nutter Joseph Astine 

Thomas Roberts Jerimy TIbitts 

wee whos nams are subscribed do testifie how wee found 
Thomas Tuttell the sone of John Tuttell by the stump of a tree 
which he had newly fallin upon another lime of the other tree 
Rebounding backe and fell upon hime which was the Caus of 
his Death as wee Conseve this was found the last Day of the 
last march (54) 

A tru Coppy from the originall by mee 

Renald Fernald 

Jun the 27*'> 1655 

John Davis sworn Constabull for star Illand 

waiter Abbit plaintife against Cristian Rand Defendent in 
an action of slander 

The Jury Doth find for the plaintife on peny Damage and 
Cost of Court ooL-i7«-6d 

georg walton plaintife against the goods of John wooton in 
an action of the Case about spoyling a Corn feild 

The Jury Doth find for the plaintife fouer pound ten shillings 
and Cost of Courte Damag 04'-io«-0'^ Cost 02-02-9 6-12-9 

Thomas Stimson plaintife against olliver Kente in an action 
of the Case about a hefTer 

The Jury Do find for the Deffendent the hefTer in question and 
Coste of Courte 

Job Clement plaintife against Theophilus shatswell in an 
action of trespase 

The Jury Doth find for the DefTendente the land in Contro- 
versy and Cost of Courte 



NEW HAMPSHIRE COURT RECORDS 1 1 1 

Captin Champernoun Doth male his apperance to atend 
m' mills or administrators: but no apperance mad 

phillip Chesly and his wiffe are hound in a bond of twenty 
pounds for thear apperance at the next Courte of asistants hild 
at Boston the first tusday in September to witnes against Richard 
Nasson Conserning Blasphamus speches uttered by the sayd 
Nasson 

this Court is Rejorned untcll the second tusday in august next 

August the 15*'' 1655 

Thomas allaiton sworn Constabull for Dover 

Jerimy walford hath this day taken the oth of fidelitie 

The grand Jury Do present Thomas ffersson for being Drunke 
and likwis for swering by god & Cursinge his wiffe in sayinge a 
pox take hir — witnes James Leach 

sentensed to pay twenty shillings & to be bound unto his 
good behavur in a bond of ten pounds 

george walton plaintife Against John heard of stirgion Creek 
in an action of the Case for non performance of Covinant 

The Jury findeth for the Deffendent Cost of the Court which 
is sixten shillings 

the grand Jurry Do present the wiffe of mathw giells for 
Curssing and swearringe by god and as god shall Judge hir soull 
upon a lords Day in the morning wishing that she might burne 
in hell fiere if ever shee did oune hir sone again or take him into 
her house 

and farther they do present the wiffe of mathew Gills for 
swering and Revilling the Constabull when he Came for the 
Ratte and likwis Raillinge on the prudenshall men and ther 
wiffs — witnes the Constabull and olliver Kent Thomas willy 

good wiffe giells sentensed to bee whiped and to have fouer 
strips or to be Redemed with forty shillings and to be bound 
unto hir good behavure untell the Court shall take farther 
order, in the sume of ten pounds 

mathw gills hath ingaged for fortie shillings and 5* c^ fees 

Captin wiggins plaintiff against petter Cofifin Defendent in 
an action of trespase 



112 NEW HAMPSHIRE COURT RECORDS 

this action Doth Continue untell the next Court 

Anthony Ellins is to tak his oth for Constabull of Portsmoth 
before master Pendlton 

the gran Jury present Rice howell on a training Day at night 
at the house of Thomas Beard, and Thomas Beard presented 
for Disorder in his house witnes Henry Tibbits Constabull 

Rice howell fined three shillings four penc for exsesive Drink- 
inge, and Thomas beard fined five shillings for suffring Disorder 
in his house 

Jerimy walford sworn Constabull for Portsmoth 

The Deposition of John Jons 

This Deponent saith that on the 6*^ of Jun 1648 that he was 
ther present when william Berry gave Anthony Ellins posesion 
of his hous and land at strabery bank, and that he herd william 
Berry say that he had sould the sayd Anthony Ellins the afor 
named hous and land Reching home Clos to the fence of 
fransis Rande land that then was and farther more he heard 
william Berry say that hee had sould Anthony Ellins all his 
Right and titell that he had belonging to the sayd house and 
land nothing exepted but fower ackers of marsh at the great 
house and farther sath not 

Taken upon oth befor me Brian Pendlton this tenth of Jully 

1655 
a tru Coppy taken from the originall by mee 

Renald Fernald Recorder 
[Jeremy Shears testifies the same on the same date.] 

August the 15 1655 

Jams neut is presented for stoping a hiu and Crie witness 
henry tibbets Constabull 

henry tibbets is admonished by the Court and to pay fees 
two shillings & six pence 

The Jury Do present Jan berry for telling a lye witnes Thomas 
alayton 

she is aquited becaus out of time and to pay Court fees two 
shillings & six pence 



NEW HAMPSHIRE COURT RECORDS I 1 3 

The grand Jury Do present Jan Canny the wiffe of Thomas 
Canny for a fame for beatting his sone in lawe Jerimy Tibbits 
and his wiffe : And likwise for striking hir husband in a Cannow 
and giving him Revilling spechis 

Admonished by the Court and to pay fees two shillings and 
six pence 

Thes presens witnes that I John Herd of the River of pas- 
catequake planter have bargained and sould unto george walton 
of the same place Taylor on neck of land Called muskito 
Hinge on the great Illand the bounds of the land is from Thomas 
walfords field all that neck of land lyinge north and north west 
unto the sayd george walton and his hirs for ever from the Dat 
of this first of may 1649 

John herd 

delivered in the ^sence of us John Renalds William story 

acknleged in Court at Dover August the 16*^ 1655: 

Renald Fernald Recorder 

a tru Coppy taken from the originall by 

This Courte Doth order that the Inhabitants of Dover and 
portsmoth are to build the on halfe of the bridge at lamprill 
River for horss and foott on the penalty of twenty pounds by 
the last of June next 

at the Courte hild at Dover the 15th of August 1655 
The grand Jurry Do present waiter Abbit for offringe to put 
his hands under mary Row hir Clothes and takinge hir in his 
armes and shee Crying out he let hir goe and shee Rane into the 
mud this was sum seven years sence and likwise shee affermeth 
upon oth that sum fourten Days sence he profered the like as 
before witnes mary Row: 

The Deposition of sarra Connell 

This Deponent sayth that hir master waiter Abbit severall 
times, vid. fouer severall times he Did atempt hir Chastity 
twis before the last Court, & twis sence and ussed much voyol- 



1 14 NEW HAMPSHIRE COURT RECORDS 

ence in so much that had not Jane Commins com into the hous 
he had had his will for shee Could hardly have hild out any 
longer — 

and farther this Deponent sayth that after Dame came to 
know that the sayd Deponent had made hir Case known unto 
hir Contry men she beat and footed the sayd Deponent in so 
much that shee voyded much blood at hir mouth and was very 
sick in so much that shee thought she should have Died : 

Sworn to in Court this 16'^ of August 1655 

waiter Abbit is sentensed to have fivten strips by whipping or 
to redem it with fivten pounds and to be bound unto his good 
behavur untell the Court give further order, in twenty pounds 
bond: and his servant is to be taken from him, and to Continue 
with John Jacson for two months, to be disposed of to sume 
honist servise, and to put hir of for the best advantage and to 
Returne the pay unto hir master waiter Abbit: And that he 
shall be Disabuled from keeping the ordinary : And for the Dis- 
posing of what he hath in Custody and for the gethering in of 
his Depts, he hath liberty to manage the ordenary untell the last 
of October next, and to pay the Cost of the Courte 14 shillings 

Ralf hall Doth ingage for the befor named 14 shillings 

waiter Abbits owne Bond is taken for twenty pounds for his 
good behauvre 

peter Coffine Ingageth with waiter Abbit for the payment of 
fivten pounds for his fine by the last of September next and the 
Irrish woman befor menshoned is assigned over unto peter 
Coffin by this Court to be his Servant so longe as waiter Abbit 
hath time in hir 

August the 16*'' 1655 

this Court is Rejorned untell tusday next 

August the 21^^ 1655 

The grand Jury Do ^sent Richard Carll for a fame for sus- 
pition of to much familiarity with John Buslys wiffe having bin 
^sented the last year. 



NEW HAMPSHIRE COURT RECORDS I I 5 

he sentensed by this Court not to lye in hir hous in the night 
time exept sum woman or girll above seven years ould be in 
bead with hir in the penalty of the forffitur of five pounds, and 
the sayd Carii is to pay his fees of the Court 2' 6<' 

The grand Jury Do ^sent philHp Chesly for thretning his 
wiffe to break hir necke if shee would not goe out of the Doars 
and other thretning speechis, that for fear she Came unto good- 
man Beards house in the night on the lords day as she Com- 
planed to william Beard the next morning. 

farther the grand Jury Do present philip Chesly for Disorderly 
living with his wiffe in Calling god to witnes that he would never 
have any more sosiety with hir with many other vowes : witnes 
william Roberts & william williams 

philip Chesly sentensed to be bound unto his good behavur 
in a bond of forty pounds and to pay all the Charge of the Court 
arisinge by hime. 

the bill of Chargis for the 2 presentments 

goodman tibitts Constabull and two men mor seking after 
him on Day and part of a night ooL-o7«-6'1 

to william story marshall 00 -05 -o 

william Roberts atendance 3 days 00 -06 -o 

william williams atendance 2 days 00 -04 -o 

the Court fees 00 -05 -o 

John goderd is sworn Constabull for Dover for on wholl year 
and untell another be Chosen 

August the 21 1655 

phillip Chesly for givinge out Reprochfull spechis against the 
worshipfull Captin wiggins Is sentensed by this Courte to make 
a publiqe acknouledgment three severall publiqe Days the first 
Day in the head of the train band: the other two Days are to 
be the next publiqe meetings days in Dover, when oyster River 
peopell shall be there ^sent: which is to be Done within fouer 
months after this ^sent Day, and in Case he Doth not performe 
as affore sayd he is to be whipped not exseding ten strips: and to 
be fined five pounds to the Contry: ffees for the Court o-02'-6'* 



Il6 NEW HAMPSHIRE COURT RECORDS 

Richard Catter having mad his Complaint against his sarvant 
Jams michimor upon oth the sayd Jams michimor Is sentensed 
by this Court to be sett by the heells in the stox two houers and 
to be whiped not exseding twenty strips, which is to be Respeted 
unto the next Court at portsmoth if any Complaint Com then 
against him in the lik kind, and he is to pay this present Court 
ffees 2' 6** 

shiped by the grace of god in good order & well Conditioned 
by mee Herculus Hunkins in & uppon the good ship called the 
blesings of Boston whearof is master under god for this ^sent 
voyage Nathainell Robinsen and is now Ridinge at an anchor 
at the lis of shoulls & by gods grace bound for Barbados to say 
eighten quintals of Refus fish & on Barrill of Mackrill and is to 
be Delivered at the afore sayd port of Barbados Counting the 
tunage & eightenne quintals ^ tune and to pay three pounds 
tenne shillings ^ Tune in Dry marchantabull muscavados suger 
at three pence ^ 1 within fourtenne days after the arrivall of 
the sayd Blessinge in any Road in the Barbados to Thomas 
Tarrin in good order & well Conditioned, the Danger of the 
seas exepted with priminge & average acustomed in witnes the 
master of the sayd shipe hath firmed to two bills of this tennor 
& Date the one to be acomplished the other to be voyd & so god 
send the shipe to her Desired Portt in saftye Amen. Dated at 
the Ills of shoulls July 14*'' 1653 

Nathainele Robinsone 

A true Coppy taken from the orriginall by me Renald Fernald 
this 28^'» of Desember 1655 

An agreement Betwen Exeter and Dover 

At a meetinge at Exeter Betwen Certaine Men of Dover and 
others of Exeter Deputed by the Towne for the setling of the 
Bounds betwene the Townes It wase Concluded by Them 
whose Names are here under Writen that the West and by North 
Line from a flat Rock at the lower fales of Lamperele River 



NEW HAMPSHIRE COURT RECORDS II7 

Runing up to the Contry stand with These Consideratyons 
following, to saye, that the Lowre fales of Piscassoke with 
the mill thereon shall Belonge to Exeter with Acomodatyon 
of Timber belonging thereto being a mile and quarter from the 
mill towards the upper fales within the Line, and the neck of 
Land Possed by John Goddard Exepting the marsh possesed 
at present by Exeter men to belong to Dover and for the Land 
within the Line with the Rest of the Timber to belonge to Dover, 
Provided that Exeter shall Have free Comonadge for there 
Cattell upon the same Land and allso the owners of the mill 
shall have the Necke of Land on the Easte side of Piscasoke 
River downe to Lampperell River only Six pole by the Rivers 
side (exepted) and allso Convenyent Carte Wayes from the upper 
fale to the Lowre fale of the Said River as Aullso the owners of 
the mill to say m"" Tho. Kemball will. Hilton m' Rob* Smarts 
Shall Have sixty Acres of Land a Pece for tilling to lye ajacent 
to there mill on the North weste side of the said River to hold 
and to have the said Land to them and ther Heires & Assynes 
for ever without payinge Anny Rates to Dover ether for mill 
or for the Lands Witnes our hands & seles this 14*1^ Aprill 1657 

Edward Hilton 
Valentine Hill 
John Bickford Sen"" 
his marke 
John Gilman 
Will:f¥urber 
Aacknowledg the 14**' of April 1657 Before mee by all the 
persones above Written before mee 

Tho : Wiggen Assistant 
Compard with the oregenall, and Delevered said oregenall 
bake againe To m"" John Gileman 

Renald Fernald Recorder 

At the County Courte hild at Portsmouth the 25 of June 
1656: 



Il8 NEW HAMPSHIRE COURT RECORDS 

The grand Jury sworne for the year to Come vid: 
william Pumfrit John Jacksone 

Thomas Roberts Edward Barton 

Richard Yourke Thomas Sewy 

william williams Fransis Rand 

John Bickford John Hall sen 

Richard Cater Thomas Canny 

Roberte Mussell 
The Jury of Triale sworn for this Courte vid : 

Ralfe Hall John sherburne 

Nathaniell Drake Jams Johnsone 

Thomas futman Thomas walford 

william Roberts Henry Becke 

John Davis John Moyssis 

Thomas Beard Anthony Nutter 

This Courte Doth aprove of Emanuall Hellierd to Administer 
upon the goods or estat of Samuall Parker Desesed in whos 
hands so ever it bee 

John Heard of sturgion Creeke plaintive againste george 
walton Defendente in an action of the Case for note giving hime 
the say Heard an aquitance according to promise 
This action is put to arbitration 

George waltone plaintive against Richard Tucker Defendent 
in an action of the Case for Detaininge a house and land from 
the sayd walton 

This action is withdrawne 

Jane ffurson plaintive against Richard Commins Defendente 
in an action of the Case for with houldinge hir thirds of a 
plantation 

a non sute upon this action 

Richard Commins plaintive againste Anthony Ellins De- 
fendente in an action of the Case of a Reveue for a sertin 
Trackte of land Caled by the name of frame poynte 

This action is withdrawn: And Richard Commins with An- 
thony Ellins ar Bound in forty pound bond appece to stand to 



NEW HAMPSHIRE COURT RECORDS II9 

the award of John who is to make a finnale end between them 
C^onserning fram poynt 

Georg walton plaintive against John heard of stirgion Creeke 
Defendent in an action of the Case for breach of Covinante 

let fall 

John Alt hath this Day taken the oth of a free man and 
also is sworn Constabull for Dover 

Jun the 26t»> 1656 

Captin waldern is ordered by this Court to give unto Joseph 
Austin his oth for Constabul for Dover 

Dennis Downinge and Ann his wiffe plaintivs against ffrancis 
Trikee and sarra his wiffe in an action of slander for saying that 
the sayd Ann Douninge Did stand upon hir head untell a Cupe 
of wine was taken of the heell of hir shoowe, and that the kings 
health was Drunke, and more shee sayd that the sayd Ann 
Douninge was Drunke 

Sarra Trike hath acknowlidged in this Court that she hath 
spoke it 

this action is with drawn by the plaintive 

whear as it Doth apper to this Court and Jurry That sarra 
Trike the wiffe of Fransis Trike hath dun Ann Douninge a great 
Deal of wronge in Reporting that the sayd Ann Douninge did 
stand upon hir head untell the kings health was Drunke of the 
heell of hir shoow, and for saying the sayd Ann Douning was 
Drunke, which the sayd sarra Trike did acknolidge in this 
Courte that she had dun the sayd Ann Douninge a great deall 
of Ronge in speaking that shee Could not prove, The Case ap- 
pering so fowll this Courte intended to take Coarre for hir pun- 
ishment: she slipped out of the way and Could not be found. 

this Court Doth intend to prosced farther with hir if opertuni- 
tie shall serve 

Jams waymoth plaintive against Rise Cordagins Defendent 
in an action of the Case for Detainge of a house and stage a 
Cabull and ancher &c 

The jurry give in a spetiall verdickt 



120 NEW HAMPSHIRE COURT RECORDS 

The Courte find for the plaintive ten pound Damage, and Cost 
of the Courte. 

AHxsander Bacheler plaintive against Captin Pall whight 
Defendent in an action of Debt Dew by bill of six thousand 
wayght of tobaco : 

The Jurry find for the Defendent and Cost oo'-i4«-o6^ 

Thomas Trikee plaintive against george Ellite Defendente in 
an action of the Case for not fullfillinge promise for a boat sould 
unto the sayd Elliot to the value of twelve pounds stairlinge 

Thomas Trikee sath in this Court that all is payd exept a 
boats load of Cods heads 

The Jurry Doth find for the plaintive forty shillin and Cost of 
Courte & 

The plaintive withdraws his action 

John goderd plaintive against m"" Joseph masson Defendent 
Agient to mistris Ann Masson of Londone, in an action of the 
Case about a breach of Covinante Betwen the sayd goderd 
and Captin John masson lat husband to the sayd mistris Ann 
massone in not Delivering unto him the sayd goderd proviteons: 

This action is put to arbitration 

Phillip Lewis plaintive against Thomas Nocke Defendent in 
an action of slander for saying that the sayd phillip Lewis was 
a Iyer 

this action is put to arbitration 

waiter abit is aquited of his bond of twenty pounds whearin 
hee was ingaged last Court for his good behaveur 

the Complaint of the grand Jurry against Thomas Canny the 
26 of June 56 that the sayd Thomas Cany did tell the grand Jury 
that they had Dune unjustly in presenting a servant of his for 
fightinge in the publike meeting house upon the Lords Day and 
did threten the sayd grand Jury tht he would present them for 
ther unjust presentment 

for this offence the sayd Thomas Canny is to make a publique 
acknoulidgment at the next Court in Dover or to be fined five 
pounds 



NEW HAMPSHIRE COURT RECORDS 121 

William Pumfrete is lisensed by this Court to sell strong waters 
in Dover by Retaille 

John Webster is lisensed by this Courte to keepe the ordenary 
at strawbery banke & to sell wine and strong water Retaill and 
bear at two pence the quarte 

Jun 27 (56) Captin Champernoune Doth make his apper- 
ance to atend m" mills or his administrators but no appearance 
made 

Jams Leach hath taken the oth of fidility, & is sworn Con- 
stabull for the wholl Towne of Portsmouth, and hath power to 
make a Deputy as he shall se Just Caus. 

Upon the Complaint of Thomas Beard to this Courte of the 
neglecte of the Towne of Dover 

It is ordered by this Courte that Thomas Beard shall be satis- 
fied his wholl some Due for the Courte Chargis of Dover within 
the space of on month after the Date hereof In the penaty of 
forty pound 

upon the Complaint of John hall to this Courte that he Doth 
find himself agreved that Rates are Demanded of him from the 
Towne of Dover, and also by the Towne of strabery Bank or 
Portsmouth : it is thefor ordered that from this time forward hee 
sayd John hall shall pay the on halfe of his Rate to the Towne of 
Dover becaus his house standith upon ther land, and the other 
halfe he is to pay unto the towne of Portsmouth becaus he hath 
his Commonege & medow thear 

By the Consent of both partis It is ordered by this Courte That 
Captin Brian Pendlton and m' Hatevell Nutter have full power 
to make a finnal Determination between Richard Commins and 
Jane fursson the wiffe of Thomas ffurson formerly the wiff of 
Thomas Turpine desesed Conserninge the thirds of on halfe of a 
plantation whear in Richard Commins and Thomas Turpine 
weare formerly posesesed at Strabery Banke 

It is ordered by this Courte that each parti Lissensed for kep- 
ing of ther ordenary shall yerly Reniue ther Lisence 

george walton beinge presented for selling of bear at 3'^ per 



122 NEW HAMPSHIRE COURT RECORDS 

quart and on quart Confesed is therfor fined three shillings and 
fower pence and 2 shill and six pence fees of the Courte 

John Webster for selling bear at 3'* per quart is fined 3 shillings 
and 4*^ and 2« 6*^ fees 

georg walton his Lisence is Renued untell the next year 

Jams skat and his wiff being presented for furnication befor 
mariage is admonished, and to acknolidg the fait and to pay 
the fees of the Court 2 shillings six penc 

Jan walford being brought to this Courte upon suspition of 
wichcraft is to Continew bound untell the next Courte at 
Dover to be Responsive and Jeremy walford is bound in a bond 
of twenty pounds for hir apperance 

It is ordered by this Courte that william story the County 
marshall shall have five pounds allowed him by the year for his 
pains, the on halfe to be payd by the Town of Dover the other 
halfe to be payd by the towne of Portsmouth in form follow- 
ing vid: fivty shillings at this time from Portsmouth, and at 
the next Court at Dover to be payd by them of Dover five 
pound and at the next Courte after at Portsmouth other fivty 
shillings and so to Continue untell the Courte Doth farther 
order 

Jams Rollins being presented for neglect of Coming unto 
the publike meeting is admonished and to pay the fees of the 
Courte two shillings and 6 pence 

Jan the 27 (56) 

Phillip Chesly is Discharged from his bond whear in he was 
bound unto his good behavur the last Court hild at Dover 

It is ordered by this Court that John webster his acoumpt is 
to be exsamined about this Court Chargis, and what thear 
shalbe wanting of his satisfaction by entring of actions and 
fins thear is a speedy Count to be taken by the select Towns 
men by way of Ratte both for it and what shall be Due to the 
marshall or any that have bin Imployd about the ("ourte buisnes: 
also it is Desired by the Court that ther be allowed unto m' 



NEW HAMPSHIRE COURT RECORDS I 23 

Commins his mayds five shillings for trobull of thear hous for 
loging the magistrats: the wholl to he don within six weeks after 
this present 27 of Jan (56) 

a warant is to be Isued out to bring in sarra Trike to the next 
Courte and to tak suffitient surty for hir apperance thear to 
answer to the Complaint of Ann Douninge the wiffe of Dennis 
Douninge 

and timly order is to be given unto the town of Portsmouth 
for the Dischage aforsayd 

Know all men by theas presence that I george walton of the 
River of Pascataway Do aquit and freely Discharge John 
Heard of the same, his hears and asignes from all Debts Dues 
and Demands what so ever: as also from all actions or Causis 
of action at lawe, or executions: in particular from a bill of saill 
bering Date the i mo (49) Conserning land at muskito halle and 
any matter or matters what so ever formorly Dependinge 
btwen the afTorsayd George waltone and John Heard ther hiers 
Executors administrators or asignes from the beginninge of the 
world to this present Day, In witness of the truth he hath her- 
unto sett his hand and seall this 25 of the 4 mo 1656 

George Waltun 

signed sealled & Delivered in prence of Tho: Macy Richard 
Tucker Richard X nason by his marke 

Acknowlidged this 25 of June 1656 befor mee 

Tho : Wiggin 

Compared with the originall by mee 

Renald Fernald Recorder 

whear as thear hath bine Certine Dif^erencis & suts in lawe 
dependinge Betwen Joseph mason Atturny to mistris Ann mason 
of the on partie, and John Goderd of the other partie: wee do 
by theas presence Joyntly and severaly oblidge our selves each 
to other in the penaltie of three hundred pounds starlinge to 



124 ^EW HAMPSHIRE COURT RECORDS 

stand to the award Arbiterment & finall determination of 
Captin Thomas wiggin, Captin Thomas Clarke and Captin 
Bran Pendlton ffor the endinge of all & all manner of Dif- 
rencis Depending betwene us. In witness whearof wee have 
herunto sett our hands: Dated this 25*^^ Day of June 1656 

Joseph Masone 
John Goderd 
memorandum that before the signing herof all bills bonds 
and executions are to be Comprehended in the abovesaid Bonde 
Signed in the presence John Redman John Birch 
Compared with the originall by me 

Renald Fernald Red 

whareas at a Publike Town meting held at Dover the 27*^1 of 
December 1647 Thay Impoured the Select men to make a 
grant to Elder Nutter & Elder Starbuck for Accomadatyon of 
a saw mill at Lamperell River which accordingly it was agred 
on, Ether at the uper or louer fales and also for the Accomoda- 
tyon of timber as maye more fully Apere by said Agrement 
in the Town Booke of Dover — And whereas wee the s^ nutter 
and Starbucke made choise of the Loer fales wee have agred 
that considering the s"^ Nuutter have a grant from s"^ Town 
of Dover for upland and meddow or marsh nere that peace 
called the moole Granted In the yere 1643 That the said 
Nutter shall have the ffales on the north side of the River 
aforesaid, and that the s'^ Starbucke the ffales on the south side 
of said River. And It is ffurther agred that If one Bulds a mill 
before the other, that when the Other Bulds hee shall paye to 
him that Bult firs one halfe the valew of what Indeferent men 
shall Judg the mill Dam to be worth at said time of the latter 
Buidinge of a mill. That this Is Our Agrement wee do In 
Confermatyon thereof by these Presente Acknowlidge and 
Oblidge our selves Eche to Other in the Penal sum of Two 
hondred Pounds starling to stand to this Agrem* and do Bind 
our selves Eatch to other our heirs &c to observe and make 



NEW HAMPSHIRE COURT RECORDS 1 25 

good the same In witncs whereof wee have here unto set our 
hands and Seles this Eleventh day of September 1649. 

Hatevell Nutter 
Edward Starbuck 
Seled and Delivered In presents of us Edw'^ Colcord Sam" 
Austen 

Acknowledged y same Day Before mee 

George Smith Assistant 
Record'' from y origenall 26'^ may 1657 By 

Henrie Sherburn Recorder 

At a Court held at Dover the 30''* of June 1657 
The Grand Jury sworne for the yeare to Come Vid: 

Jobe Clemens Henry Becke 

Rich Cater Will Gotten 

John Goderd Rich Commins 

James Bunker James Jonson 

John Heard John Moses 

Henry Tibbitt Ellexander Bachiler 

ffor the Jury of Tryalls ffor this Court vid : 

M"- John Cutts will Roberts 

Will ffurber will Luxe 

John Dam George walton 

John Roberts John Sharborne 

Peter Coffin Thomas Peverly 

John Davise Robert Mattoone 

Joseph Asten chosen constable for dover for the yeare in- 
suinge 

william williams chosen constable for oyster river hee refus- 
inge the office is fined 40^ by the courte 

Robert Matoone chosen constable for the upper parte of 
Portsmouth 

William Luxe chosen constable for the lower parte of Ports- 
mouth 

Edward Shaw plantiffe against mathew Giles defendante in 



126 NEW HAMPSHIRE COURT RECORDS 

an action of the case for wages detained for service done for his 
wife in the aforesaid Giles his absence. 

This action cast out of courte beinge under 40* 

Edward Shaw plantive against mathew Giles defendante in an 
action of slander for his wife sayinge that hee was a theefe & had 
stolen a p' of boots & a neckcloth from her. 

The Jurie findeth for the plantive coste of courte, & that the 
defendante shall pay 40^ or make her acknowledgment in open 
courte and one lords day at the publicke meetinge at Dover 
w'-^n one mo: 

Edward Shaw plantive against mathew williams defendante in 
an action of the case of debt for detaininge a certaine some of 
wages due to the value of 43" 

The Jurie findeth for this action to bee cast out of courte be- 
inge under 40^ 

Thomas Canny plantive against John harte defendante in an 
action of Trespasse upon the case for damadge done. 

This action lett fall : 

Henrie Tippets plantive against Phillip Cheslie defendante in 
an action of the case for takinge away a parcell of boards out of 
Cochechuck river w"^ did belonge to the towne of Dover to the 
value of 700 foot & upwards 

The Jurie findeth for this action to bee cast out of courte being 
under 40^ 

Thomas Crawlie plantive against Thomas Canny defendante 
in an action of the case for takinge & detaininge away a cow 

This action nonsuted for non apearance 

Thomas Beard plantive against Roger wheler defendante in an 
action of slander for sayinge Thomas Beard have abused his one 
servantt both in beatinge & starvinge w"'' is to his greate dis- 
paradgment 

The Jurie findeth for the defendante cost of courte 

Thomas Beard plantive against Roger wheler defendante in an 
action of the case for detaininge of one wilson servant to the said 
Bearde to his greate damadge. 



NEW HAMPSHIRE COURT RECORDS 12/ 

The Jurie findeth for the defendante cost of courte. 

George walton plaintive against Alexander Joans defendante 
in an action upon apeale aprehendinge the inferior courte have 
not power to trie titles of land 

This action is respesed to the next countie courte held at 
Portsmouth 

Edward Calcord plantive as assignnec of John Heard against 
M'' Anne Mason defendante as apears by his ataitchment in an 
action of the case for moneys detained w"** is due by bill from the 
said Capt: John mason his agent Capt: waiter neale as apears 
under his hand 

The Jurie lindeth for the defendante cost of courte 

Capt: Nicolas Shapleigh plantive against Isacke nash De- 
fendante in an action upon the case for moneys detained 

This action lett fall 

william Beard chosen constable for oyster for this yeare 

May y**" 1657 

A Jurie beinge sworne to inquire into the death of a child of 
George Waltons, hee was drowned the 5'^ of this p''sent whose 
names are, & doe find as under written: 

John Pickeringe foreman william Brockin 

John Webster Robert Mussell 

Richard Comins william Gotten 

Thomas ffurson Edward Barton 

Robert Mattoone Thomas Peverlie 

Roger Knight ffrancis Trickee 

wee the aforesaid Jurie havinge searched the bodie of the afore- 
said child, & examining what wee could in poynt of wittnesse, as 
alsoe the place where it was drowned : havinge veiwed wee finde 
noe mortall wounde one the child but accedentalie drowned in a 
hole of water beinge open & not fenced : 

The mother of the child beinge gone into the feild to carie her 
husbands dinner, came home & found the child wantinge & in- 
quiringe for the child, answere was made by her eldest daughter 



128 NEW HAMPSHIRE COURT RECORDS 

that it was here Just now p'"sentlie the mother & daughter seek- 
inge for it together with william Luxe his wife & goodwife Rogers 
they found it in the foresaid water: 

A Jurie beinge sworne to inquire into the death of Robert 

Champion 

John Bickford Benjamin Mathews 

PhilHp ChesUe Rice Howell 

william Roberts Thomas willie 

Thomas Stimpson Benjamin Hull 

william williams George Branson 

Mathew williams Jonas Bmes 
wee the aforesaid Jurie finde that Robert Champion was 

drowned by accidente : 

A Jurie beinge sworne to inquire into the death of George 
Branson & apoynted to veiw his corps, whoe died 

John Dam Richard Cater 

william ffurber Richard Yorke 

John Bickford Raph wamly 

John Roberts Thomas Nocke 

Anthonie Nutter Jerimiah Tippetts 

John woodman Richard Bray 

william williams 
wee the aforesaid Jurie havinge searched the bodie of George 
Branson doe finde by the testimonie of John Alt that Branson 
went well out of his house, and hee went after him, & found 
branson Hinge one the grounde and crying the bull had killed 
mee: with one wounde up towards his shoulders, and another 
athawrt the small of his backe; w*^ his members brooke all w"'' 
wee aprehend was the cause of his death: Edward Shaw witt- 
nessinge the same w*^ John Alt: 

This courte doth grante John Alt and Richarde yorke Joynte 
adminestrators for the estate of George Branson whoe died the 2 
day of Julie 57 & to bringe in a Just Inventorie to the session of 
this courte 



NEW HAMPSHIRE COURT RECORDS 1 29 

Jane walford the wife of Thomas walford beinge formerUe 
bound in bonde w'*' her sonne Jerimiah walford for suspition of 
witchcraft to the value of twentie pounds is discharged by three 
times proclamation in this courte 

M' Brian Pendlton plantive against Richard Carle defendant 
in an action of debt due by booke to the value of ten pounds nine 
shillings & two pence 

The defendante acknowledgeth a Judgmente 
Raph Hall is chosen to bee Leiutenante for the militarie bande 
of Dover 

Denis jNIekcrmecke the Irish man is ordered by the courte to 
serve his master John Pickringe the hole five years his said master 
havinge bonde against him 

By three evidences in courte George walton for sturringe up 
Dennis the Irish man against his master John Pickringe in giv- 
inge abusive words is fined five pounds 

Thomas walford: Roger wheler: william morris: 
Alsoe concerninge the petition that one p* of Portsmouth 
p'"sented to the honered generall courte the one p**" have chosen 
one man, the other p*'^ have chosen another the countie courte of 
Dover the third, to end the differance both of minester & meeting 
house acordinge to generall courte order, to meete at the meeting 
house at Strawberie banke the 14*'' of this p^'sentt mo: 57 
M^ Richard Cutt Robert Mussell 

M'' John Cutt Thomas Seavie 

William Seavie William Luxe 

James Johnson ffrancis Rande 

Thomas walford Anthonie Brackett 

John Sherburne william moris 

Alexander Batcheler Joseph Atkeson 

Edward Barton John Jackson 

Robert Mattoone Thomas Peverlie 

Walter Abbitt 
have taken the oath of fidilitie this courte 

The Constable of Dover haveinge Made Complaint to this 
Court That y'' Inhabitants on y*^ wester side of Lamperelle 



I30 NEW HAMPSHIRE COURT RECORDS 

River beinge rated and refuse to paye him sayinge that they 
are not in Dover Towne hombly prayes the courts Advice 
Therein 

And It Apperinge to This Courte by y Deposityons of will, 
ffurbur and John Bickford sen' w^*^ is on file y* the Inhabitants 
are in Dover Township This Court Orders y" Constable to mak 
Distres on the severall Inhabitants In his list for The full of what 
theye are Rated and for Sattisfactyon for his paines and Troble 

Presentments taken Into this courte 

James Kid beinge presented for a fame for an acte of un- 
clcannes w*^ sarah conett [Connell] the Irish woman is fined ten 
pounds or twentie strips 

Sarah conett p'"sented for havinge a child by the acte of un- 
cleannes is whipped w*^^ twentie strips 

John Webster p'"sented upon a fame of breach of the Saboth in 
sufferinge expences extreordinarie on the lords day is fined ten 
shillings w*'' an admonishment 

Edward Shaw p'sented for beinge drunke in the house of 
mathew Giles one the lords day is fined ten shillings & 2^ 6^ fees 

George walton p'sented for sufferinge George Burnett to bee 
drunk in his house is fined five shillings and five shillings more for 
sufferinge Richard Randall to bee drunke 

Walter Abbitt p'sented for selling wine & beare and lickour 
contrarie to the licence of the courte is fined foure pounds 

The courte rejourned to Portsmouth the 14*'' of this presente 
mounth Julie 57. 

Issacke nash p'sented for beinge distemperd in drink is fined 
sixe shillings eight pence 

Issacke nash p'sented for beinge drunke upon the river fallinge 
out of his canow into the river is fined twentie shillings 

william Pumphrey presented for Issacke nash beinge drunke 
in his house is fined five shillings 

Tho: Crawlie & mathew Ham p'sented upon a fame for drink- 
inge 14 pints of wine at one time at the house of John webster 
are fined three shillings 4'* fees 2^ 6'' 



NEW HAMPSHIRE COURT RECORDS I3I 

Tho: Crawlic p''sentecl for living idle in his callinge is ad- 
monished w*'' 2« 6^ fees 

Thomas Downs & his man Christopher p'sented for breach of 
(he sabaath in goinge to newichwanockc one the lords day is 
admonished w"' 2* 6^^ fees 

Thomas Oawlie p'"sented for a fame for sturringe up strife 
betweene neighbours in suts of law is admonished & 2^ 6^^ fees 

Elizabeth Gile p''sented for callinge John alt constable Roge 
is admonished w**" 2^ 6<' fees 

Phillip Cheslie p'sented for beinge drunke at M"" Hills is 
fined 3^ 4"* w"' 2' 6'^ fees 

George Burnett p'sented for beinge drunke in the house of 
George walton is fined io« w**' 2* 6'^ fees 

The Towne of Portsmouth beinge p''sented for there hie way 
it is ordered to bee laid out by the towne one the penalie of five 
pounds 

The case of Jane Draks p^'sentment is referred to the comy- 
shioners of Portsmouth 

George walton beinge fined five pounds the courte is pleased 
to take off 40" 

Gowen willson beinge brought from the countie courte held 
at yorke to bee bound in bonde for the good behaviour & John 
Pickringe w'*" him the said Gowen in 20 pounds & the said John 
Pickringe in ten pounds until the next countie courte held at 
yorke: the said Gowen wilson is to give John Pickringe a counter 
bond for the ten pounds 

Ordered by this courte that w*'' in one mounth the towne of 
Portsmouth shall cause to bee made two sufificiente p' of stocks 
and a whipinge post one p' to stande by the meetinge house & 
the other to stand on the great Ilande the w^*' is to bee p'"formed 
one the penaltie of ten pounds: and oyster river is to have a 
p' of stocks w*''in one mounth one the penaltie of five pounds 

Robert Mussell chosen to bee water bay lief e for the towne of 
Portsmouth & to take his oth concerninge ballist of any shipp 
or barke cominge into the river & to looke after them in throw- 



132 NEW HAMPSHIRE COURT RECORDS 

inge of there ballist not offendinge the roade: & in case they 
will not take warninge then to complaine to authoritie then to 
prosecute the law acordinge & for everie such defeckt to pay to 
the towne ten pounds fine the said mussell to have for his fees 
fivetie shillings 

These p^'sents shall testifie that I Marke Hands of Boston 
nailer doe acknowledge to have soulde & delivered unto John 
Pickringe of the river of Pascataquacke an Irish servantt man 
brought over by mee M' George dill as a captive & ordered by 
him to mee to make sale off, for the terme of five years, for the 
some of eight pounds starlinge to bee paid in marchantable 
pipe staves at price currante w'^'^ sale I the said Marke Hands in 
the behalfe of the said George Dill doe ingage my selfe my heirs 
& assigns to make good & valid unto the said John Pickringe 
his executors administrators and assigns for the terme aforesaid : 
In testimonie whereof I have hereunto sett my hande this first 
of Julie, 1654, and for w"'' paymente of eight pounds as above 
said I have receaved a bill of the said John Pickringe to bee paid 
the next springe : 

By mee Marke Hands 

wittnesse Richard Tucker Humphry Comby 

This is a true coppie of John Pickrings bill for his Irish servant 
man: Compared w*'' the originall By mee 

Henrie Sherburne Recorder 

Att the comission Courte Held Sept 21*^ 57 att Portsmouth 
Jane Draks presentment beinge agitated the courte doth order 
Jane Drake to submitt her selfe to the courte w^^ acknowledginge 
her fault and an admonition shee acknowledginge is dismist: 
evidence beinge not suf^tiente : 

wee whose names are under written beinge deputed to consult 
and determine the difference betweene the inhabitants of 
Portsmouth concerning the placinge of there meetinge house, 
upon the arguments aledged on either side, doe judge & alsoe 



NEW HAMPSHIRE COURT RECORDS 133 

conclude all reasons weighed that it is upon all respects con- 
sidered the meetest and most comodious place to erect the meet- 
ing house is the little hill ajoyninge the goodman websters poynt 
Portsmouth Julie 9, 1657. 

Daniell Denison 
Sam u ell dudley 
Hatevill Nutter 
This is a true coppie taken from the originall By mee 

Henrie Sherburne Recorder 

This courte doth hereby declare that all such as are by order 
apoynted to keepe vittlinge houses for common entertainmente 
shall have there licences granted but for one yeare, and shall 
have the same given in writinge by order of the courte under the 
hande of the clarke w'" clarke shall have for his fee 2^ 6'^ & the 
said victualers shall everie yeare & from yeare to yeare bringe 
in the said licences to the countie courte to bee renewed accord- 
inge as the courte shall see cause, upon the good order and be- 
haviour of the p'sons soe licenced & the clarke for his fee for 
everie licence soe renewed shall have one shillinge. 

x\lsoe all victualers soe licenced are hereby prohibyted from 
sellinge ether wine or stronge water on the lords dayes except 
to & for the releife of sicke p'"sons: & everie vittler that shall 
offend herein beinge convicted before some majestrate or comi- 
sioner in our countie for the third fault forfeit his or there licence : 

Alsoe that everie victualer shall procure from the clarke of 
this courte a coppie of all such lawes as are made & established 
in this Jurisdiction for the orderinge of houses of entertainment 
& the restrainte of exesive drinkinge cursinge swearinge and 
saboath breakinge to bee fairlie written & shall sett up the same 
in some open place & veiw in there houses, that all may reade 
& take notice what they are to suffer if they offend : payinge the 
clarke for ech coppie 3^ 4"^ 

Alsoe whearas the law doth prohibbitt all such as have houses 
of there owne neare, not to stay at an ordinarie above halfe an 



134 NEW HAMPSHIRE COURT RECORDS 

houre this courte doth require all such as are licenced in our 
Jurisdiction to bee verie surcomspecte herein espetiallie one the 
lords day att night whether masters of families or servants 

Alsoe this court desire all such as are comissioners in our 
p'sinks to take what paynes & care that possible they can to 
looke to & after such houses of entertainmente as alsoe our 
select men & constables in there severall places to take care 
herein that wee may p'cecute all such exsesse drinkinge and other 
sins w"'' els will bringe the Judgment of god upon us: everie 
vittualer or taverner for the takinge of there coppie is to have 
sixe weeks libertie after the publishing of Itt: 

Walter Abbitt Licenced Raph Hall licenced 

John Webster Licenced John Bickford licenced 

George walton Licenced Thomas Trickey licenced 

Roger Knight Licenced 

The deposition of ffreeborne Balch aged 23 years 
This deponent saith that hee beinge att oyster river to see 
some masts to bee turned into the water, that Henrie Thorner 
orderinge the workemen what to doe: & they accordinge to his 
word turninge the formost mast w"** lay before the other mast, 
the formost mast beinge removed & hee beinge upon the other 
mast, they turninge after cast him off, & run upon him, & soe 
brused him w'^*' was the cause of his death & further saith not: 
Taken upon oath this 19*^ of August 57 Before mee 

Brian Pendlton 

wee Whose names are here under written being chosen of the 
Jurie doe finde accordinge to this evidence that the rowlinge of 
the mast unexpectlie was the cause of his death 

M' John Cutt William Pittman 

William Pumphrey William Roberds 

william ffollett Joseph feild 

John Goddard Abraham Conley 

william williams william ffurbur 

John woodman John Divall 



NEW HAMPSHIRE COURT RECORDS 1 35 

At a spetiall courte called & held at Portsmouth this 26"* of 
august 57 w*'' the worshipfull Captaine wiggine and the rest of 
the assotiats, conccrninge the estate of Hcnrie Thorner of wap- 
pinge shipe carpenter deseased who was by accedent slaine w*^** 
the rowlinge of masts as was founde by the Jurie this 19*'' of 
August 57 and now this courte doth see nessesitie of present ad- 
ministration, therefore they doe aprove of M' James Garrett 
Captaine of the good* shipe called the Hopwell and Edward 
Thorner carpenter of the same shipe as Joynttadminestratorsone 
the estate of Henrie Thorner & doe by these p'sents grante them 
adminestratorship one his estate they promisinge to bee bounde 
to this governmente in bonde of five hundred pounds starlinge 
to bringe in a true inventorie of the estate intrusted in his hande 

[Inventory of the goods of Henry Thorner.] 

At A Genrll Court held At Boston 8^'' 7 mo 1650 
The Inhabatants of north ham Uppon there petityon was 
granted the liberty w*'' other Townes . . . and m' Sam" Dudly 
m' W"" Rains m"" winslow mathew Boys are to Setle there limits. 
This is a Trew Coppy of y Court Order 

Edward Rawson Secretary 
Wee hose names are Under Written being Apoynted by the 
Gener" Court to lay out the bounds of Dover have thus Agred 
that y" Utmost boundes on y west is a creeke on y Este side of 
Lamperell River the creeke next to y River & from the End of 
that creeke to lamperelle River first ffales and so ffrom the 
ffurst fales on a north and by Este line foure miles and from a 
crike next below Thomas Canies hous to a Certaine cove nere 
the mouth of the grete baye caled hogsty cove and all the marsh 
and meddo land lying and being on the grete baye with conven- 
iente upland to fets there hay 

William Paine 
Sam' winslow 
mathew Bois 
Recorded from the oregenall the 2'^ July 1657 

Henrie Sherburn Recorder 



136 NEW HAMPSHIRE COURT RECORDS 

At a Court held in Dover the 24° 4° m° 1659 

Jn° Webster Came before y^ worp^' Cap* wiggins & m' Dan- 
forth & Confest a Judgment of 46^ i*^ due unto Cap* Brian 
Pendleton 

The Depotition of Edward Colcord aged 43 yeares: 
Being Sworne saith that he saw m'' Samuell Maverick whoe 
was y^ Surveying admistrator of m"^ Jn° Mills Asigne over all 
that debt due from Cap* ffran. Champernowne to m"" Jn° Mills 
unto m"" Thomas Ruck for a debt w"^ John mills owed him. 

Dover 30° June 59 Attested on oath by Edw Colcord at the 
Countie Court then & ther sitting as attests 

Henry Sherburne Record' 

Res: of Henry Brooken six pound & three shillings in fish or 
Mackerell for y^ use of Jone Bevill y late wife of John Bevill, 
more Received of m'' Coffin Tenn pounds in beefe & Apples by 
the ord' of Hen Brooken & I have given m"" CofBn a receipt for 
it, in all I say received sixteene pownds & three shillings all by 
the ord'^ & for the use of Jone Bevill this 26 day of octob' 1657 

Richard Sealy 
This is a true Coppie according to y'' originall as attests 

Elias Stileman Record ■" 

At A Court held In Dover the 28° 4° m° 1659 

Judges The worp" Thomas Wiggin Thomas Danforth Brian 
pendleton vail. Hill Rich: Waldurne 

The Grand Jury 

Job: Clements Ric. Cator Jn° Godard James Bunker Jn° 
Heard Hen: Tibbitt Dover 

Hen: Beck W"' Gotten Ric: Cummins James Johnson Jn° 
Moyses Allex: Battheler porchmouth 

Jury of Trialls 

W"" ffurber Rich: Gates Antho: Nutter W"' Roberts Jn" 
Martin Jn° Daviss Tho: Beard Dover 



NEW HAMPSHIRE COURT RECORDS 1 37 

phill: Lewis Nath: Drake Antho: Bracket Wa. Neale Goodm: 
chanler porchmouth 

Rob: Burnam added in 2 or 3 acc'ons 

Rich: Jackson being Som'ons to serve on y*= Jury of Trialls & 
not appearing is fined 5^ 

Thomas Johnson p' aga' Robert Tuck defend* in an acc'on 
of the case for satisfacc'on for 50 Gall: of wine of y° said Tho: 
Johnsons, w"'' y* R: Tuck rec into his house, withdrawen 

Thomas Canny p^ against Jn° Hart defend* in an accon of 
the Case for non paym* of 40' due by Arbitrac'on 

Jury fiinds for the defendant & Cost of Court 

Thomas Every p' aga* Jn° Hall defend* in an acc'on of y« 
Case for taking a way a ^cell of pipe staves & deteining of 
them. Withdrawen. 

George Walton p^ aga* Allexsander Jones defen* in an acc'on 
of Appeale from the Commission Court at porchmouth Con- 
cerning a ^cell of march: the p' not giveing his reasons in 
writing & not sum'onsing y" defend* the acc'on could not proceed 
& y p' is left to his Liberte to Reveiw his case before the Com- 
misso" at porchmouth: 

John Oddihorne p^ against John Sunderland defen* in an 
acc'on of the Case for not delivering of a horse W^ the said 
Sunderland tooke of the s'' Oddihornes at Winnesimet & for 
abuse of the sd horse w^*^ was the cause of his death 

The p' was non suted being Contrary to Articles of agreem* 
that the bay should not cary any hence thether nor com hether 
und"" a 100' acc'on: 

Phillip Babb p^ against James Waymouth def* in an acc'on 
of Trespass upon the Case for making use of a house & Land & 
other appertinances. withdrawen 

Henry Tibbet p' aga* phillip Lewis defend* in an acc'on of 
Trespas upon the case for Carrying a certain ^cell of hay from 
of the march of y'' s'^ Tibbitts w*'^ out his Leave & Consent 

The dammage appearing und' 40^ is cast out of Court 

Henry Tibbet p' against Charles Allen defend* in an acc'on 



138 NEW HAMPSHIRE COURT RECORDS 

of Trespass upon the case for posessing and making use of 
Certaine Lands belonging to y s'^ Tibbet w**> out his Leave or 
ord' 

Jury finds for y plantive the Land in Controversie & Cost 
of Court 3' oo'' 2^ 

The defend^ Appeales from this Court to y next Court of 
Assistance at boston: 

Charles Allen & phillip Lewes doe acknowledg themselves to 
be indebted unto y" Countie Court fo'' Dover & porchmouth 20" 
sterll well & truly to be p'^ by y" there heires Executo" & 
Administrators. The Condic'on of this Recogniscance is that 
if the abovesaid Charles Allen shall prosecute his Appeale aga' 
Henry Tibbet at y" next Quarter Court to be held at boston & 
soe from court to court untill y^ matter be decided & shall alsoe 
pay all such costs & damages as the said Hen. Tibbit his attorney 
or Lawfull assignes shall by Law recover aga* him, that then 
this Recogniscance shalbe void & of none effect or other wise 
to stand in full pow force & vertue. 

The Bill of p-'sentments 

The Towne of Dover for the wayes betweene Hiltons poynt 
& Quochecho This Court Injoines the s'l Towne to mend them 
betweene this & y" next Court held at porchmouth on penalty 
of 5' & fees Court 

The Towne of Dover for y*^ wayes betweene Oyster River & 
m"" Hills Mill: the Court orders them to mend them betweene 
this & the next Court at porchmouth on pennalty of 5' & fees 
Court 

The Towne of Dover for y way at y" head of Thomas Johnsons 
Creeke. This Court enjoynes the Towne to mend It betweene 
this & next Court at porchmouth or to pay 5' & fees of Court 

All the ordinarys of Dover & porchmouth for selling wine at 
8« ^ Gall. & Rumm at i6« p^ Gall: 

Richard Barsum being Convicted of drunkeness & cursing is 
fined 20« & to stand bound to y« good behav & to make his 
appearance at y next Coun* Court at porchmouth 



NEW HAMPSHIRE COURT RECORDS I39 

Rich: Barsum & Jn" Sherburne doe acknowlcdg themselves 
to stand bound to y" Countie court for Dover & porchmouth y 
s<^ Barsum in 20'' sterl: & Jn° Sherbourn in 10" sterl well & 
truly to be p^ by them there heires Executo" & Administra", 
The Condic'on of this Recogniscance is such y^ if y abovs** Ric: 
Barsum shall be of good behavior towards all the people of this 
Com'on weath & make his appearance at y" next Coun. Court 
to be held at porchmouth y* then this Recogniscance to be 
\oide & of none effect or otherwise to stand in full pow fforce 
cS: vertue. Ric: Barsum appearing is discharged of his bond 

Alsoe the s^' Jn° Sherbourn doth ingage in y behalfe of the 
said Rich : Barsum to pay his fine of 20^ w**^ y Cost of Court. 
June 30 1659 

James Middleton being Convicted of frequenting the Tavernes 
& quarrelling & fighting is fined 20^ & to stand bound to y" good 
behavior with sufficient securitie in 10' & to appeare at y^ next 
County Court in porchmouth 

James Middleton & m"" Vail. Hill doe acknowledg y™ selves 
to stand bound to y Countie Court of Dover & porchmouth 
The said James Middleton in 20" and m"" vail: Hill in 10" well & 
truly to be p<^ by them there heires Execute" & Administato" 
on Condicon that y" said James Middleton shalbe of good 
behavior & make his appearance at y next Countie Court at 
porchmouth & m' vail Hill ingageth to pay his fine of 20« & cost 
of court James Middleton appearing at y said Court bound 
unto is freed of his bond 

George Vezie being convicted of being more than halfe an 
houre in y Taverne is fined 2« 6^ 

Phillip Chesly Tho: ffootman & W"" Smith being convicted 
of frequenting the tavernes & being in a Quarrell with James 
Middleton are fined 6* 8^ apeece & to give 5'^ bond apeece for 
there appearance at y next Court. Court to be held at porch- 
mouth 

Phillip chesly Tho: ffootman & W™ Smith doe acknowledg 
themselves to stand bound in 5' apeece for there appearance at 



140 NEW HAMPSHIRE COURT RECORDS 

y^ next Coun. Court to be held at porchmouth. these ^sons 
appearing at the s*^ Court to w°^ they were bound are discharged 
of there bond. 

Jn° Bickford & Tho: Willy being Convicted of suffering y« 
above named ^sons to spend there time & continew Tipling & 
quarrelling in there houses are fined 20« apeece & pay fees of 
Court 

Elias Stileman is chosen clarke of this Court & Record'' for 
y« Countie & clarke of y'' writts 
June 30 1659 

Whereas Complaint is made to this Court of many great 
abuses that are com'itted in y" severall ordinarys & houses of 
entertainm* by suffring of ^sons to Continew drinking to 
Excess as alsoe unto drunkenness Quarrelling & fighting to y 
dishon"" of god the scandall of o'' profession y« wasting of estates 
& not only to mispending of there owne time appoynted for 
labour & rest but alsoe y^ ^faming of Gods Sabbaths — 

This Court taking the same into there serious consideration 
accounting it there dutie by all due meanes to p'Vent the like 
abuses for y^ future, doe Order that henceforth Noe Wine Tavern 
shall either directly or indirectly permit or suffer any ^son to 
have any wine on the Sabbath day neither shall they at any 
time sell any wine for more then 18'^ a quart on penaltie of for- 
fiture of y^ Licensess & 5^ a pint for selling any on the sabath day 
or on either Evenings of y*" Sabath excepting only to ffishermen 
y* Lodg at there houses on y^ Satterday night halfe a pint a 
man or to sick ^sons & that noe ordinary or house of Com'on 
entertainment shall sell any Strong Liquor on any pretence 
what soever: 

This Court doth ord'' that henceforth only one wine Taverne 
shalbe Licensed at dover & Two In Porchmouth, And that only 
one privat housekeep'' shalbe Licensed in either place to sell strong 
Liquor but not to suffer any to drinke or tipill in there houses. 

Ralph Hall is Licenced to Keepe a Wine Taverne at Dover on 
Condic'on y*^ he observe the ord" of this Court for Regulating of 



NEW HAMPSHIRE COURT RECORDS I4I 

Abuses in such houses of com'on entertainment & hath Libertie 
to draw out the strong waters that are in his house untill Octob' 
next. 

Thomas Willy is Licenced to Keepe a house of Com'on En- 
terteinm* at Oyster River for selling of beare & bread & hath 
alsoe Libertie to sell out his wine & strong waters that he hath in 
his house untill Last of Octob"" next on Condic'on that he observe 
y« ord" of this court for Regulating of abusses in such houses. 

Thomas Triggie hath Libertie to Keepe a house of com'on 
enfteinm* at Bloody poynt for selling of beare & bread but not 
for selling wine or strong waters & in case he shall refuse y^ 
Towne of Dov may Nomynate any other meet ^son & p^'sent 
him to Cap' Wiggins whoe is by this Court Impowred to License 
him to that Imploy 

Dov"^ 30° June 59. 

Walter Abbot & George Walton are Licensed to Keepe houses 
of Com'on Enterteinm* & wine Taverns at porchmouth on Con- 
dic'on y* they observe y" ord" of this Court for Regulating all 
abuses in such houses. And have libertie to draw out the strong 
waters in there houses untill y^ Last of Octob'' next 

Roger Knight & Jn° Webster are Licensed to Keepe houses of 
Com'on Enterteinm* at Porchmouth in selling beare & bread 
but not to sell wine or strong waters. 

This Court ord""^ that y Tressu"" of this Court doe pay unto 
■\I" Rayner for enterteining & Lodging of the Court 20 shill & 
to y*^ M'"shall Genr'^ Edw: Mitchelson for his Attendance on m' 
Danforth to y Service of this Court 20 shillings 

This Court doth ord'' that y^ m''shall of this Court shall of- 
ficiate as Tressu"" untill the Court take furth"^ ord' therein 

The Court is Adjourn'^ untill the Majestrates Returne back 
from yorke Court. 

The testimony of Thomas Layton 

Testifieth that y^ Towne of Dover gave Richard pinckum a 
Lott of marsh In y Great bay & that y^ s^ pincum Sould all his 



142 NEW HAMPSHIRE COURT RECORDS 

Right that he had in y said Marsh to Joseph Austen of Dover. 
Dover June 30° 1659 
Sworne by Thomas Laton before 

Thomas Danforth 
Coppied ffrom the Original! 

^ EHas Stileman Record ■■ 

At A Court of Adjourm* held in porchmouth the 1 1 day of 
July 1659 

Jn° Pickering Jn° Sherburn W™ Gotten Rich: Jackson Jo" 
Jones Jn° ffabins Jn° Dinall tooke the oath of fidellitie 

This Court understanding that this Towne of porchmouth 
is wanting of a paire of Stockes & a prison doth Injoine the s^ 
towne to make two pare of stockes with Irons & Lockes to them 
w*4n a month or pay a fine of 5^ & to build A prison fitt to Keepe 
prison" in it by the Last of Octob"" next on pennaltie of twentie 
pownds sterl : 

Richard Jackson tooke the Oath of Constable for porchmouth 
for the yeare ensuing untill a nother be chosen. 

Jn° pickering being by the Commissi" bound in a bond of 
10' to appeare before this Court to Answ^ for his misdemeanor 
for disorderly pulling downe severall papers sett upon the seates 
by the select men of porchmouth to direct people to there places 
in y meting house, & being Convicted thereof 

This Court doth sentence him to be bound to his good behav- 
iour & pay a fine of 5^' or make Confession of his offence to there 
satisfacc'on & appeare at next Court held In porchmouth: 

Jn° pickering doth acknowledg himselfe to stand bound unto 
the Countie Court for porchmouth & dov In the summ of tenn 
pownds well & truly to be p** by him his heires Executors & 
Administra" The Condition of this obligac'on is such that if 
the said Jn" pickering shalbe of a good behavo"" towards all 
people of this Jurisdic'on & appeare at the next Court held at 
porchmouth that then this bond to be void & of none effect, 
otherwise to stand in full pow' force & vertue. 



NEW HAMPSHIRE COURT RECORDS 1 43 

Dennis Ackermuck Complaining to this Court that his m' 
John Pickering turneth him away emptie & very bare of Clothes, 
which soe appearing to this Court, they doe therefore ord' that 
Jn" pickering shall allow y said Denis 3' stcrl to buy himselfe 
clothes. 

At A Court of Adjorm^ ii July 1659 

Upon A Complaint made unto this Court that the way by 
Jn° pickerings mill is very daingerous & may hazard the lives of 
people, This Court doth therefore Injoyne the Towne of porch- 
mo^'' to make it suffisient for people to pass without danger this 
to be done w*''in a month & the said pickering is not to mollest 
them. 

This Court doth ImpoW the Commisso" Court for the lies of 
sholes to Administer the oath to such as the Inhabitants of Star 
Hand shall choose to be a Commisso' for them: 

The tress' for y Court of Dover is to Allow James Johnson 
16' ffor Keeping m"" Danforth & the M'^shalls horses. 

At a Countie Court held in Portsmouth the 26 of June 1660 
p'^sent the worp^' Thomas Wiggins Majo"" Hump: Atherton 
Cap* Brian Pendleton m"^ Vallentine Hill Cap* Walderne 
The Gran Jury 

M' John Cutt 

Jn° Jackson 

Tho:Walford 

W™ Sevey 

Sam: Haynes 

W"" Brookin 

Joseph Austin 

Jn" Hall 

John Alt ^ j)^^^^ 

W"* Beard 

Ric: Cator 

Edward paterson 



Portsmouth 



144 NEW HAMPSHIRE COURT RECORDS 

Jury of Trialls 
Natha^ Drake Tho : Beard 

Phillip Lewis Tho: Nock 

Jn° Sherburne Antho: Nutter 

Hen: Beck Tho: Robberts 

Rob* Burnam Jn° Hall 

Jn° Roberts Peter Coffin 

W"" ffurber Christo'' Jose aded in som accons 
M"" Ric: Cutt being Som'ons to serve on y^ Jury of Trialls & 
not appearing is fined 5^ 

Deacon Jn° Hall being som'ons to serve on y^ Gran Jury & 
not appearing is fined 6^ 8^* but serving on y Jury of trialls, his 
fine is remitted 

[Court Papers, vol. 1, p. 55.] 

1660 4 mo 26 Presentments ffor Portsmouth Court 

we Present Thomas Keney for Temtinge Ane Jinckines wife 
of Ranald Jenckings to unchastity & for urginge her all most 
by fforse both by words & such acctions so unsivell w"'' I am 
ashamed to utter : this Shee Testifies to sent hee have an admon 
& fees of Court 

we Present Phillipe Bendall Sarvant to M'' Richard Cutt for 
Swareine: tacking the Houle Nam of God w* bloodie. ... & for 
his abuse to his master: & for his unsivell Cariage in the ffamiley : 
to the II example of Sarvants so to doe being Confest 

wittnes John Roberts of Dover & Joseph Austine 

Sentence of Court to be forth with whipt to y number of 20 
stripes & fees court 

we Present Lenonard weekes for Swareing by god & Callinge 
John Hall of Greenland ould dogg & ould Slave & that he would 
knocke him in the head : this is testifid by Thomas Peverley & 
Joseph Attkinson Confest sentence to pay 10^ for swaring, & to 
have an admonition for his reviling & threttning speeches & 
fees Court 

We Present Richard Pinkum Of Dover for abusinge his wife 
w* threatinge Speeches that did shee Com hom by day or night 



NEW HAMPSHIRE COURT RECORDS 1 45 

he would beat her: in so much that shee Cam to me who doe 
testifie this: w* request to be secured from the feare & danger 
she stood in of her husband ; & it was wittnesed to him Hckwise 
by Hen^ Robt & Jerime Tibett 

witness Elder Hateevell Nutter 

Confest Sentence admonit & fees court 2« 6'' fes 

We Present Thomas Kenney of Dover for being charg for a 
Her ^ Tho« Layton & Thomas Nocke: the sayd Lay ton de- 
manding of Thomas Kenney how much Corne was ther & he 
ansred seven bushells : Thomas Layton ansered that was an ould 
one : then Thomas Keney sayd it was not a bove seven bushells 
& a halfe thus far Tho« nock Testifies: Thomas Layton ads it 
was a leven bushalls: & so Testifies 

wittnesses Tho^ Layton & Tho^ nock 

sent: to have admoniti & fees court 

we Present william Kibbe of Dover & his wife for being un- 
chast befor their mariage : the profe doe apper in the time of her 
delivery : 

gon out of the towne 

we Present the Indian woman marie George Waltons Servant 
for her unchastity beinge delivered of a child & haveing no Hus- 
band 

Publicke Testimonie 

Sentence of court to pay 40* & fees Court 

we Present Richard Corrin m"" Richard Cutts Sarvant for his 
unchastity w* a woman now Dead 

confest sentence to pay 40^ or to be wipt the numb' of 10 
strips his m'' engages to pay a fine & fees 30^ 

we Present Tho^ Everie for being in Drincke on the Lords day 
& for his unsivell carriage bateing John webstares quart pott 
against his owne head being denied Drinck by John webster 

confest sentence 3^ 4'^ drinking & 5^ brack saboth 

Jn" Roberts & Phillip Chesley tooke y" oath of Constab' for 
y* towne of Dover for y^ yeare ensuing & untill a new be chosen 
& sworne 



146 NEW HAMPSHIRE COURT RECORDS 

Thomas Jackson came before y Court & tooke y" oath of 
Constable for Portsmouth for y<^ yeere ensuing & untill a new 
be chosen & Sworne. 

Robert Mattoone is by this Court chosen Marshall & tooke 
his oath for y faithfull discharge of his ofhce. 

Jn° Hunkins came before the Court & tooke y^ Com'isso" 
oath for y ending of Small Causes at y lies of sholes for y 
yeer ensuing & untill a New be chosen & sworne. 

Richard Comings p' ag* waif Abbut in an accon of trespas 
upon the Case for ffalling his timber digging his grownd & for 
with holding his land & Inheritance aga^ his Lawfull right to his 
great damage withdrawn 

The defend* is granted 2' 14* 6'^ cost 

James Leech in y*' behalf of Jane Leech formerly the wife of 
waif Mechemor p' aga* Ric: Comings defend* in an accon of 
the case for his y s** Mechemo" quarter p* of fish taken upon a 
voyage w*^ y" said Comings aboute ii yeers since, ffor carying on 
of w** voyage y" s** Mitchemo' fownd ^ p* of victualling & never 
had his quarf p* out nor acc° of w* became of it. Non suted, 
y" defen* granted his cost i' 1^4*^ 

Jn° Hunkins p' ag* Thomas Johnson defen' in an acc'on of 
debt due by bill to y^ vallue of 7' Jury finds for the p' the bill of 
7' to be p*^ in Country pay & 15^ cost of Court. Execution 
respetted to y last of June 1661 

Walf^ Abbutt p' aga* Jn" Hunkins defen* in An accon of y 
case concerning two oxen of y s'^ Abbutts used by the s^^ Hunkins 
in his Imploy & soe abused that y one is dead & y other soe 
Injured y' he is not fitt for serviss. 

Jury finds for y^ p' 8' 3" 4^^ damages & 2' 6^^^ cost the p' is to 
returne to y« defend* w* he made of the dead ox: y dead ox sould 
for 2' II 2 the ball, is 7' 18 3 

Jn° Hall p' ag* Sam' Haynes def* in an acc'on upon the case 
for coming upon his Meadow forceably & mowing his grass & 
carying a way his hay Non suted 

The defend* is granted his cost i ' 3" o''. 



NEW HAMPSHIRE COURT RECORDS 1 47 

Cap* Brian pendleton p' aga* nT" Roger Spencer def* in an 
accon of y" case for breach of Coven' concerning a Neck of Land 
& stock upon it at winter harbor 

M^ Henry Sherburne Jn° Sherburne & Tho: Walford in be- 
halfe of y'' Towne of Portsmouth p' ag* George Walton defen* 
in an accon of y case for refusing to give the Towne securitie 
to save them from being burthened w^'' charge by goodm: Dus- 
tin & his famyly being brought into y towne by y s<^ walton 

Upon y" defen'' promise of giving the towne 20' bond & paying 
the cost of this acc'on this sute is withdrawen. 

Tho: Crawley p' ag' Tho Canny def* in an acc'on of trespass 
upon y case for deteining a bill, with drawen 

Tho: Crawley in y" behalfe of his daughter phebe p' ag* Tho: 
Canny def' in an acc'on of Slander & defamac'on His Daughter 
being und' age & not having chosen a Gardian is Nonsuted. 

Stephen fford & Ric: Endle p' ag' m' Edmo: pickard defen* 
in an acc'on of y^ case for with holding a peece of stage roome y* 
he tooke into his posession of theres at Smuttinose Hand & 
promised to rend' it up againe at y^ end of y" voyage the de- 
fend* consented this acc'on should proceed. Jury finds for 
y* p' the stage roome in Question, & 3' 5^ y^ cost of court 

Tho: Johnson p' aga* Jn° Hunkins defen* in an acc'on of y* 
case for with holding a Just recompence due for a servant lett 
unto Herculus Hunkins y^ s^ Jn" Hunkins wife being heire to 
y* s'* Herculus Hunkins estate, Nonsuted The defend* is granted 
14^ 6'^ cost 

M" Johanna Sedgwick p' ag* Walt' Mathews defen* in an 
acc'on of y case for deteining a mooring ankor & fishing & flake 
roome that was Majo' Sedgwickes deceased, the p' not declaring 
und' w* title she sued is nonsuted, & y defen* is granted 8' cost 

phillip chesley p' ag* James Middleton def* for not ^forming 
a yeers serviss unto w^ he was engaged & for w"** he tooke 
earnest This accon was cast out of Court the damage appearing 
und' 40*. Granted y defen* 2' lO"! for his cost. 

m" Tammason Mathews def* in an 



148 NEW HAMPSHIRE COURT RECORDS 

acc'on of the case for detelning of aboute three acres of marsh 
given him by the towne of Dover with drawen, Granted to 
y'' def* I' I5« c^ cost 

Gregory JefTery p' ag* waif Abbut def* in an acc'on of the case 
for 20^ due by bargaine to be p^ at y lies of Sholes in mer* 
ffish at y end of y^ spring voyage in y« yeere 1659 for a yoke of 
oxen, referd to y'' bench they ord' the defen* to pay 20' to y^ p' 
according to the bargaine, & y p' to beare his owne cost. 

Mathew Ham p^ aga* Moses Gilman def* in an acc'on of the 
case for taking away a Mare of his ffrom Cap* Wiggins in or 
aboute y" m° of Janua' last & not returning of her againe. with 
drawen 

Ralph Hall p^ aga* Ralph Twamble def* in an accon of the case 
for with holding a debt of 6^ 17^ y^ due upon y ball, of ace*' as 
appeareth by booke, withdrawen 

Jn° Odiorne p' ag* Tobias Langden def* in an accon of the case 
for deteining a quarf of fish taken upon a fishing voyage this 
winter & spring for w^ end the s*^ odiorne put in boate & sundry 
^visions viz* porke & mackrell, withdrawen. 

M"" Jn° Cutt p' ag* Thomas Willy def* in an acc'on of debt of 
upwards of 200^ due by booke withdrawen. 

M"" Henry Sherburne p^ ag* Stephen fTord and peter Wallis 
def*' in an accon of the case for Keeping his boate upon his 
y^ s'^ m'' sherburns Mooring to his damage whereby his boate is 
staved Withdrawen. 

George Walton p' ag* Allexsander Jones defen* in an accon of 
Appeale from y^ com'isson Court in Portsmouth concerning a 
peece of meadow, the p' & def* have referred all differences de- 
pending betweene them in Court to be determined & ended. 

George Walton p' ag* Allexsand"" Jones defen* in an accon of 
trespas upon the case for pulling downe his ffence & Laying 
his Lane Com'on whereby the s^ Walton is dampnified. With- 
drawen. 

That whereas there are two acc'ons as above com'enced by 
George Walton aga* Allexsand"" Jones the one of appeale & the 



NEW HAMPSHIRE COURT RECORDS I49 

Other of trespass, being by the Concent of both ^ties putt to y" 
bench to heare determin & end together with all other differences 
referring thereunto, This Court having heard & throughly 
Considered the same doe ord'' as ffolloweth, That y s'* George 
Walton & his heires for ever shall peaceably enjoy & posess the 
said Marsh without any Lett or mollestac'on by the said Jones 
or any from by or und'' him, y^ said Walton paying or causing 
to be p'' unto y" s'^ Jones the summ of fortie shillings, & either 
^tie to beare there owne cost & charge touching these sutes, 
together w*'' what Trespass the one hath sustained by the 
other, & this to be a finall end of all differences in y cases 
p'"mise(l 

This Court grants Jn° ffabins Letters of Administracon on 
y^ estate of Katherine Johns widow deceased & doth Injoyne him 
to bring in an Inventory of her estate to y^ next Com'ission Court 
at the lies of sholes to be sworne unto & then Returned to this 
Court to be entred 

Granted to Ann Bachelor pow of Administrac'on to y^ estate 
of her husband Allexsand'' Bachelor deceased, & Impowers 
Elias Stileman to give her her oath concerning the truth of her 
Inventory. 

Cap* Waldern & m'' Hill tooke oath of associates 

It is Granted by this Court unto W™ ffollett power to Ad- 
minister on the estate of Marker Hinger & to bring in an In- 
ventory of his estate to the next Court of Dover or Portsmouth 

The Last Will & testament of m" Johanna ffernald brought 
into Court & proved by Elias Stileman & Anthony Ellens who 
tooke oath thereto Alsoe an Inventory of ii8' 9^ 6^^ to w^ Eliza- 
beth ffirnald took oath of & promised that w* more she should 
Know of y estate should be Inserted. 

This Court ord" that the child begotten by Richard Corrin 
of Mary poole shall be Kept & maintained by the s*^ Richard 
Corrin 

It is ordered by this Court that Mary the Indian Woman 
serA^ant to George Walton shall pay unto the s^ walton twentie 



150 NEW HAMPSHIRE COURT RECORDS 

Nobles for a recompence of the charge he hath been at aboute 
her & her child unto this day, & not to depart out of his serviss 
untill it be p*^ or good securitie given for the paym' thereof 

George Walton came into Court & desireing to have his 
Licence Renewed for the Keeping a house of comon entertaine- 
ment & a Taverne, & that he might have Libertie to sell strong 
waters In y towne of Portsmouth this Court accordingly doth 
grant y same unto him 

It is Granted unto Waif Abbutt the renual of his Licence to 
Keepe a house of Com'on entertainem* & to sell wins & strong 
waters in the towne of portsm° 

George Jones being by the Com'ission" of Portsmouth bound 
in a bond of tenn pownds to appeare at this Court to Answ"^ 
fo'' his misdemeano"" in opposing the Constable in the Execution 
of his office, & not appearing being Legalley called, this Court 
declares his bond forfited 

Chareles Buckney being p'^sented to this Court by the Towne 
of Dover for clerke of the writts in the roome of Left pumfrey 
This Court confirmes him in y<^ same. 

Cap* Ric: waldern is deputed by this Court to Administer the 
oath to y three Commisso" of Dover for ending of Small causes 

Mathew Giles Sommoning of Waif Mathews to this Court & 
not prosecuting aga* him this Court grants unto the s'' Mathews 
8' for his attendance. 

The last Will & testam^ of Jeremiah Walford brought Into 
Court & proved by Hen: Sherburne & Thomas Walford who 
tooke oath to y same, & the Executors are Injoyned to bring 
in an Inventory of his estate to the Court of Adjournm* held at 
Dover or Portsmouth 

Jn° Davis tooke oath of clerke of the markett for y Towne 
of Dover for y yeare ensuing & untill a new be chosen. 

Whereas many Inconveniences doe fall out in poynt of execu- 
tion of Justice & punishm* of offenders, & that many times they 
escape punishment & thereby many 111 minded persons take 
incouragement to doe wickedly &. thereby god is much dis- 



NEW HAMPSHIRE COURT RECORDS I5I 

honored by sins Increasing, Now for the preventing thereof 
This Court doth order that a prison house be built in some 
Convenient place In y Towne of Dover of 20 ffoote Long & 16 
ffoote wide ^' 7 or 10 ffoote high on y wall, with a good stone 
walled Cellcr of 14 ffoote square at y least with two or 3 Iron 
rings made fast in y^ wall with one or 2 good planked fflooers 
in the house & alsoe y' there be ^vided convenient chaines 
Lockes Gines & w' other utencells are necessary to lay upon 
unruly offenders, & that y*^ charges be borne by this Countie in 
way of rate & Cap' pendleton & Cap* Walderne are Appoynted 
a Com'itte to se this work effectually ^formed & hereby they 
have pow"^ to require the abovesaid rate by distreine or other- 
wise, & alsoe y said Com'itte have pow to press men or w' 
else is needfull for y effecting y" s*" worke paying Convenient 
wages to those that they soe Imploy — 

That whereas W"" Lemon deceaseing & Leaving no written 
will behind him concerning his estate, And M"^ Antipas Mavick 
Exhibiting to this Court testimony that y s'^ Lemon gave him 
his estate before witness, This Court accordingly doth allow 
thereof, provided the s^ Maverick doth enter into 20' bond 
to be responsall for y s*^ estate to any other that shall make 
proofe of a better title to y^ same & is hereby enjoyned to bring 
in an Inventory of the estate to y*^ next Countie Court at dover 
or Portsmouth 

Antipas INIaverick of Kittery doth acknowledg himselfe to 
stand indebted unto the Tressu'' of this Court & his Sucksessers 
in the true & Just summ of 20' ster' well & truly to be p'^ by 
him his heires Executo" Administrate The Condition of this 
obligac'on is that if any ^son shall make better proofe to y 
estate of w"' Lemon above said, to return the same unto such 
^son & that then this bond to be voide & of none effect other- 
wise to stand in full force pow' & vertue. 
P'sentments 

Phillip E^endall Serv* to M' Rich: Cutt being panted for Swear- 
ing, taking y great name of God w'^ bloody Execrations & for 



152 NEW HAMPSHIRE COURT RECORDS 

his abuse to his master & for his unsivill Cariage in y^ famyly to 
y« 111 Example of serv*« soe to doe, Sentenced to be forthwith 
whipt to y^ Numb^ of 20 stripes & pay fees of Court 2« 6^^ 

Witness Jn° Roberts Jos: Austin 

We p'sent Mary the Indian woman Georg Waltons Serv* for 
her unchastitie being delivered of a child & having noe husband. 
Sentence of Court to pay a fine of 40^ & fees of Court 2« 6** 

We p^'sent Richard Corrin M'' Ric: Cutt serv* for his unchas- 
titie with a woman now dead Confest 

Sentence of Court to pay a fine of 40^ & ffees Court 2^ 6<^ 

Jn° Webster is Licensed to cell beare & bread & to Keep a 
house of com'on entertainment 

The Court is adjourned to y^ 12° July or return of the com'is- 
son" from the Eastward 

Portsmouth y 12 July 1660 

p-'sent Majo"" Atherton Cap* Pendleton 

Granted unto M-" Jn° Cutt pow of Administrac'on on y^ estate 
of Jn° Jackson who died upon lies of Sholes & the s'^ Cutt is en- 
joyned to bring in an Inventory of his estate to y^ next Com- 
mission Court at Portsmouth 

The Majestrates declaire that the charge and Expense of the 
Jurys of Inquest aboute y^ man Kild w*'' y tree & y" man 
drowned at bloody poynt be p"^ by the Inhabitants of Dover: & 
that the expence of the Comission" this day at waf Abbutts 
be paid by the s'^ towne. 

M"" Edward Loyd merch* came before me Elias Stileman Re- 
corder for Portsmouth in Piscattaqe River in New-England & 
did protest & declaire aga* Mons"" James Richard Comand'' of 
the good ship Mary of Nance together with y" company belong- 
ing to y'' s"^ ship for neglecting his & there times, In not taking in 
goods after they were by the s'^ ship side two or three dayes, & 
for not setting sayle from the s'' River to y lies of sholes for to 
take in the rest of the s^ ships Lading, but Loosing a fare opper- 



NEW HAMPSHIRE COURT RECORDS I53 

tunitie of wind & weather to y^ great damage of y s^ Loyd & his 
principles, All w^ the s'* Loyd declares & protests aga* the s"* 
Mons' Richard & company for the recovery of such damages as 
may arise by meanes of the neglects & defects abovesaid y^ w^ 
y s"^ Loyd shall & wilbe ready to prove in convenient time & 
place 

This declaired «S: protested by Edward Loyd merch* In ports- 
mouth the 25 Augu' 1660 Before me 

Ellas Stileman Record' 

The deposition of Jane Drake, this Depon* witnesseth that I 
being a poseser & a liver here before m' Williams came to New 
England m' Williams came to this place to sett downe after he 
here was come there came one Goodman Clifton to my house & 
desired of my husband and I a place to be in for y^ p""sent till he 
could ^vide himselfe & a while after wee having occasion to use 
o' house wee desired him to ^vide himselfe & he told us he could 
not tell where, my husband told him if that he would aske m' 
Williams he did not Question but he would give him a place to 
sett downe upon whereby he might live comfortably & he told 
him that m"" Williams & his wife were to com to dinner to my 
house on y^ next day & m'' Williams did com but not his wife she 
being not well & goodman Clifton did then make him a place to 
set down upon m^ Williams Asked him where he did desire to set 
down & he told him a little wayes of of goodman Brackett & 
m' Williams & my husband & goodman Clifton did walke out 
before dinner to see y" place & came back againe, m'' Williams 
asked him how much Land he did desire & told him a little land 
would serve a seaman he thought an acre or two would serve his 
use, I standing by saying his wife being a younge woman might 
have children and they might grow up & plant when he was at 
sea, he saying then unto me it was well spoken, I doe give him 
seaven or eight acres to set down upon, this being done in my 
house my husband & I witnessing it, & this gift w"*' m'' Williams 
did give to this Clifton this Clifton did sell it to goodman Abbutt 



154 ^EW HAMPSHIRE COURT RECORDS 

& his wife aboute some twentie years agone or there aboute w'' 
was many yeeres posest before m'' WiUiams sold his land to 
Thomas Turpin by Clifton & Walter Abbut & further I saith not 

Sworne in Court y 27 June 1660 

^ Elias Stileman Cleric 

vera Copia as attests Elias Stileman Record' 

The deposition of Anthony Brackett aged aboute 47 yeers 

That aboute eighteen yeers agone he being hired by goodman 
Abbut to digg a Celler whereon his house now standeth m' Wil- 
liams Asked him who set him to worke he the s"^ depon' An- 
swred goodman Abbut, but m' Williams Answered he entrenches 
a little on y^ high way, but with all replied it was noe great mat- 
ter & soe went a way, moreover this depon' witnesseth that after- 
wards he having laid sum fenceing stuff on waiter Abbut his land 
Boatsen Clifton came very Angerly to him telling him that he 
had Intrenched on waiter Abbuts Land whereupon I caried my 
fencing stuff away & further saith not 

Taken upon oath y 27 June 60 In Court 

^ Elias Stileman Cleric 

veria Copia as attests Elias Stileman Record ■■ 

This depon* saith that when m'' Williams sould his house & 
Lands that y" Inhabitants that did live on the neck might Keepe 
there cattle to feed on y neck if they would be at y^ charge to 
Keep up the fence of two railes & further saith not 

W"* Seavy 

Sworne in Court y 17° June 60 

^ Elias Stileman Cleric 

vera Copia as attests Elias Stileman Record ■" 

The deposition of Jn" Jones with Ann his wife 
That W™ Clifton with his wife twentie yeers agone or there 
aboutes came to there house desireing them to let them have 
house roome in there house a little while telling them that they 
had sould all there right & title from m'' Williams his grant to 
Walter Abbutt w'' they said buttes upon the cart path that 



NEW hampshirp: court records 



155 



came from the fresh marsh to m"" Williams his Land & further 
say not. 

Taken upon oath before the Court y^ 27 June 1660: 

^ Elias Stileman Cleric: 

vera Copia as attests Elias Stileman Record' 

The deposition of Jn" Sherburn & phillip Lewis 

These deponents say that there were severall houses on y neck 
of land now in Controversie before y" s^ neck was inclosed by 
m' Williams, further these depon*^ say not. 

Sworne in Court the 27 June 60 

^ Elias Stileman Cleric 

vera Copia as attests Elias Stileman Record "^ 

At a Countie Court held at Dover y" 25° June 1661 
p'sent Cap* Wiggins Cap* Ting Cap* Walderne m' Edw : Hilton 
Gran Jury 



Deacon Jn" Hall 
James Johnson 
Ant: Brackett 
Job: Clemmonts 
Jn° Sherburne 
Rich : Jackson 



Jn'' Martin 
Hen: Langstar 
Tho. Hanscum 
Jn° Meader 
Jn° Hill 
Walt' Neale 



Jury of Trialls 
Nathan" Drake 
W"" Cotten 
Tho peverly 
ffran: Drake 
W" ffurber 
Tho : Wiggins 
Ens: Jn° Daviss 
W"" Roberts 
Rich: Oates 
Jn'' Woodman 
Tho: Humphres 
Jn" Dam 



portsm' 



} Dover 



156 NEW HAMPSHIRE COURT RECORDS 

Jn° Roberts in rooms of W'" furber in Littlefeilds acc'on 

M"" Rich: Cutt & Anton: Ellens being Som'ons to Appeare to 

serve on y Gran Jury & not attending the serviss are fined 6^ 8<^ 

a peece 

Jn° Hall pi aga' Sam : Haynes def* in an acc'on of trespas upon 

the case for Cutting his grass and carying away his hay to his 

great damage. 

This acc'on is withdrawen by consent of p^ & defen* 

Peter Coffin Tressu'^ in y behalfe of y^ Towne of Dover p' 

aga* W"" ffurber & Tho: Canney partn" defend*^ for with holding 

rent due to y'' Towne of Dover for the accom'adating of a saw 

mill at fresh Creeke fro. the yeere 56 At 6' ^ An'um & damages 

for want thereof 

Jury finds for y" p' 30' damage & i^ 4^ 8^ Cost 

Abra. Conley p^ aga* Ralph Twamley defen* in an acc'on of the 

case for refusing to pay him for y" ^ of a barr' of powd'" bought 

by him 

Jury finds for y" defen*- Cost of Court 

Dover 25° June 1661 

Henry Tibbitt p' ag* w™ ffurber defend* in the behalfe of the 
Towne of Dover def* in an acc'on of y^ case Concerning 30 acres 
of Land adjoyneing to his marsh at Winecot River w''^ was 
granted unto him by the towne of Dover afores'^. Withdrawen, 
& def* allowed 4^ for his attending 

Jn° pickering p' ag* Walt' Abbut defen in an accon of appeale 
from the Com'ission Court held at Portsmouth y^ 3"^ of Sep* 1660 

Jury finds fo"" y" p^ y^ reversion of the Judgm* & Cost of Court 
21 shillings & io« 3<* cost at comission Court: 

Mathew Ham p^ ag* James Johnson def* in an acc'on of the 
case for deteining a Mare of his y" s"^ Hams 

Jury ffinds for y" p' the Mare in Controversie & 2^ y 6<^ costs 
of Court 

John Shakerly p' ag* Zachariah Taylor def* com'and' of y* 
Ship ffortune in an acc'on of the case for with holding aboute 4' 



NEW HAMPSHIRE COURT RECORDS 1 57 

due to him for wages. Nonsuted & def* Granted 4^ for at- 
tending. 

Francis Littlefeild p' ag* W"" ffurber def' in an acc'on of the 
Case for with holding 12 acres of marsh bought of him at Quo- 
checho by the side of y^ great hill : & damag 

Jury finds for the defen* Cost of Court 6^ 6<^ 

W"" Godin p' ag* Thomas Kemboll defen' in an acc'on of the 
Case for with holding & keeping back the sum of 4' io« or there 
aboutes for wages. Withdrawen. 

The Court ord" that those chosen by the Towne of ports- 
mouth for Constables for y^ yeere ensewing shall forth with take 
there oathes before y^ com'isson's of that Towne, w"^ if they re- 
fuse to pay a fine according to Law & y" towne to chuse others in 
there Roome. 

At y same Court June 26 1661 

Thomas Layton makeing a motion to this Court to bee freed 
from Com'on trayning, is granted him he paying tenn shillings a 
yeere to y^ trayne band at Dover. 

Tho : ffooteman makeing request to this Court to be ffree from 
com'on trayning is granted paying 8^ ^ Anim to the traine Com- 
pany at Dover 

Tho : Canney of Dover desireing this Court to ffree him from 
Com'on training by reason he hath Lost his eiesight is granted 
him 

The Last will & testam* of Widdow Ann Bachelor brought in 
to Court & proved by Mary Walford & Ann Hart who tooke oath 
to y^ same, is allowed 

The executo" of y^ s*^ will brought in an Inventory of the estate 
& are enjoyned that w*^ shall further appeare to be due to the es- 
tate or from the estate to any, to bring it into y^ next Court held 
at Portsmouth 

The Widdow Bachelo'' having sould unto James Leech the 
time she had in Tho: payne, the executo" desiring this Court 
to allow & Confirme the same, w'''' accordingly they doe, & the 
s^ Leech is Injoyned to teach him the s'^ payne his trade of 



158 NEW HAMPSHIRE COURT RECORDS 

weaving, w^ the s'^ Leech promises to doe his best endeavo"^ 
thereaboutes. 

Jn° Heard & Tho : Nock took oath of Constables for Dov for 
the yeere ensueing. 

Edward Clarke tooke Constables oath for Portsmouth for the 
yeere ensuing. 

Joseph Atkerson is allowed 2« for attending to Answ' m' Hen 
Kembles acc'on who prosecuted not aga* him 

At y same Court held 27° June 1661 

[Court Papers, vol. i, p. in.] 
Att Dover Court Anno: 61 

1 We prsent y^ County of Dover and portsmoth for want of a 
sufficient Bridge for horse and foot over chechecho river 

2 We present y« County of Dover and portsmoth for y 
neglect of a generall Court order Concerning y« recording Mar- 
iages births and deaths 

sentenc that if the towns do not get books for records & record 
their births & deths by the setting of gen> Court next in October 
pay fine lo' a pee 

3 we present y" Towne of portsmoth for neglecting to repaier 
the high way from bloody poynt to greenland 

wittnes henery Langstar of bloody poynt Job Clements of 
Dover neck 

L* Ha Jn° & Hen: sherb Portsmouth to Lay out this way & 
to be mended by next Court or pay fine 3' 

4 we present y^ county of Dover and portsmoth and y" 
County of Norfolk for want of a sufficient Bridg for horse and 
foot over Lamperall River 

this Court appoynts Tho: King Jn° Gillman Jn° Goddard 
W"* ffollet chosen a committee about this bridg . . . ended by 
next court . . . 

5 we present Rlph Twomly of Dover for excessive Drinking 
wittnes ye grand Jury 

Confest sentence to pay 3^ 4*^ fine & 2« 6 



NEW HAMPSHIRE COURT RECORDS 1 59 

6 we present AI' masten of portsmoth for living al)sent from 
his wife 

wittnes James Johnson John sherburn Anthony bracket ail of 
Portsmouth 

allowed a 12 m'' time to home 

7 we present Richard Alyson of Portsmouth for living ab- 
sent from his wif 

wittnes John Sherburn James Johnson Anthony bracket 
waiter Nealle all of portsmoth 

to goe to his wife in a 12 m° if she can not & fees court 

8 we present Thomas wedge of portsmoth for living absent 
from his wife 

wittnes James Johnson anthony bracket John Sherburn wai- 
ter Neale all of portsmoth 
allowed 12 m° to goe 

9 we present ye Clarck of ye ATarkit of Dover for not look- 
ing to waights and measures 

this p'^sentm' fales it being y^ Constables business 

10 we present Ann Pittman ye wife of William pittman of 
Oyster river for seeking to macke strife betwene william williams 
of Oyster River seanior and his family in telling untruths 

y" Complaint of william williams of Oyster River seanior 
given into ye grand Jury upon Oath 

to send attach* to bring you to next court portsmoth 

1 1 we present John Beard of Star Hand of ye II of shoulls for 
living absent from his wife 

wittnes James Johnson John Sherburn both of portsmoth 
referd to Cons'*' ports: 

12 we present henery broocken of Star Hand of ye H of 
shoals for living absent from his wife 

wittnes John Sherburn James Johnson both of portsmoth 
refer as y other 

13 we present Thomas Nock for being Drunk 

ye Complaint of John Hall one of ye grand Jury living in Dover 
this party livs on Dover neck answ before to Constable 



l60 NEW HAMPSHIRE COURT RECORDS 

14 we present afaire Concening Henery Hall well and his 
wife Touching Incontinancy before they weare maryed as apears 
by ye birth of their child which was born about six moneths after 
they weare maried 

sentenc to pay a fine of 20^ & fees Court 

15 we present M'' George walldernd of chechecho in Dover 
for living absent from his wif 

wittnes John Hall Thomas hansen Job Clements all of Dover 

16 we present Michael Brown of bloody poynt in Dover 
for abusing his neighbours with re\ illing speeches 

ye Complaint of henery Langster of bloody poynt one of y^ 
grand Jury 

confest: sent: to have admoni & fees court 

17 we present Ralph Hall of Dover for selling wine and bear 
and victuales without licenc 

admonition pleading . . . 

18 we present John webster for sellin wine without lisenc 
this party livs in portsmoth 

ye complaint of John Sherburn of portsmoth one of ye grand 
Jury 

sentenc 40^ fine & fees 

19 we present Richard pinkam of Dover for Excessive 
drinking 

ye Complaint of John Hill of Oyster River one of ye grand 
Jury 

20 we present Steeven Robison Joseph Smith and Robert 
Lynsy all of Oyster River for disorderly Cariage in Drinking and 
quareling 

ye Complaint of John Hill of Oyster River one of ye grand 
Jury 

sentenc to pay 3^ 4*^ a pees & fees 

21 we present Rice howell for yt he did throw a glass bottell 
where with he strock Robart husy in ye face and hurt him 
much in so much yt he was not able to goe about his laber for 
som time 



NEW HAMPSHIRE COURT RECORDS l6l 

ye rlation of Robert husy given into ye grand Jury upon Oath 
sentenc to pay lO' fine fees Court 

22 we present Phillip chisly for abusing his wife whear by 
shee received a markc in ye face for which cause shee com- 
plained to som of ye grand Jury 

23 we present Phillip Chesly .... misbehaving him self 
in Excessive Drinking and revilling AP Moody and \P Stileman 
and others of portsmoth 

24 we present Thomas Grant sarvant to M' Marten of ports- 
moth for resisting som of ye inhabitants of portsmoth in theare 
Indeavor to supress a tumult or quareling yt was Raised among 
som strangers att portsmoth 

Not proved this p'^sentm* falls: & is allowed 2« for attending 
[Endorsed] Dover Bill of pntm*^ brought into Court 27° 
June 1661 

This Court grants power of Administrac'on to W™ ffurber 
and william ffollett unto y estate of Thomas Johnson, whoe are 
Injoyned to bring in an Inventory of his estate to y" next Court 
of adjournem*. 

Lef* Ralph Hall hath granted him licence to Keepe a house of 
Com'on entertainem', & to sell wine, but not to sell strong waters. 

Jn" Webster is allowed to Keepe a house of Com'on enter- 
tainem*^ but not to sell wine nor strong waters. 

George Walton of Portsmouth is allowed to Keepe a house of 
Com'on entertainem* & to sell wine. 

Walter Abbutt upon his request to this Court to renew his 
Licence granted him the Last yeere for selling of wine & Keepe- 
ing a house of Com'on entertainem* & is granted 

This Court grants Lef* pomfrey Libertie to sell & retaile 
Strong waters in the towne of Dover. 

Sam' Benjamin in the time of the Court being drunke & 
convicted of y*' same, sentenced to pay a fine of 10^ or sett in y^ 
stockes one hower & pay fees of Court 2' 6^' 

phillip chesley engaged to pay his fine. 



I62 NEW HAMPSHIRE COURT RECORDS 

This Court grants unto Rich: Cator 2« for attending y Court 
to Answ^ the acc'on of simon day attached too, & s^^ day not 
prosecuting ag* him 

Eld^ Nutter L* pomfrey Jn° Dam sen' tooke Com'isson" oath 
to end small causes In y towne of Dov fo' y^ yeer ensu« 

Granted to Tho: Trickie Licence to sell wine & Keepe a 
house of com'on entertainem* at Bloody poynt but not to sell 
stro' wa" 

Jn° Hill makeing a motion to this Court by reason of the 
smallness of his stature y* he might be free from Com'on trayn- 
ing, the w"'' is granted him 

The same Court Continewed June 27° 1661 

Granted unto Sam' Austen power of Administrac'on on the 
estate of W"" Story deceacesed, & enjoynes him forth with to 
bring in an Inventory to this Court of the s'' estate. 

The s'^ Austin brought into Court an Inventory of the said 
estate amounting to 130' 5^ o** the Widow of y^ s*^ story now wife 
to y^ s«* Austin is allowed her third out of the whole w"*" is 43' 6^ 
8'^, & the remaind'^ 86' i6« 4 to be devided among the fower chil- 
dren the eldest to have a double portion viz 34' 14^ S'' & the other 
three 17' 7^ a peece when they com to y^ age of 21 yeeres, the 
whole estate to remane in y" hand of s'' samxuell Austin the father 
in Law to y^ s'^ children for there bringing up or shall chuse there 
Gardian before provided he give double bond unto this Court 
that it shalbe p^ to the children accordingly, & is granted Libertie 
to sell any of the houses & Land or to lett the Same provided he 
brings in good securitie to next Court at yorke for paym* of the 
childrens portions 

James Jackson requesting this Court to be ffree from Com'on 
trayning by reason he hath Lost one of his fingers, is granted him 

phillip chesley Constable of Dover conceiveing Edward 
Colcord to be overtaken with Drinke in time of the Court sitting, 
& takeing him to bring before the Court to Answ' it, the s'' 
Colcord gave the s'' Constable a thrust from him w"'' was tes- 
tified by Jn° Meader & Tho: fifootman, and confest by y s'' 



NEW HAMPSHIRE COURT RECORDS I63 

Colcord, together with violent & uncomly Speaking to Cap* 
Wiggins in & before the Court, when he was comanded Silence 
discovering much contempt therein, the Court Sentence is that 
for his excess drinking & his carriage abovesaid to pay a fine of 
40 shillings or sett in y stockes one hower & halfe & fees of 
Court 2" 6 

Cap* pike engaged to Constable Tho : Nock to satisfie for his 
fine 

Court Continewing June 27 & 28: 

The remaind' of y Last yeers bill of p'sentments in 1660 
June Court 

Tho: Kenney p'sented for tempting Ann Jenkins wife of 
Renalld Jenkens to unchastitie & for urging her allmost by 
force: Not fully proved Sentence to have an admonition & fees 
Court 2' 6'^ 

Leonard Weekes for swearing by God & calling Jn° Hall of 
Greenland ould dogg & old slave & that he would Knock him 
in y^ head, Confest Sentence Court to pay io« for swaring & to 
have an admonition for his reveiling & threttning speeches: & 
pay 5" fTees Court 

witness Tho : peverly Jos Atkinson 

Rich: pinkham for abusing his wife with thretning Speeches: 
Confest, Sentence to have an admonition & pay fees of Court 2' 6^ 

(Witness] Eld' Hatevell Nutter 

Tho: Kenney being charged for a lye ^ Tho: Layton and 
Tho: Nock: Sentenced to have an admonition and pay 2' 6** fees 
of Court 

The M 'shall that now is the Court allowes him 4' ^ Anim 
for his attendance in y Countrie Bessniss to be p<^ by the two 
townes of Dov & Portsmouth : 

This Court is Adjourned to y first Wensday in August next 
to be held at Dover, & it is ordered that y^ Administrate to 
m' Hills estate be informed to attend there for the settlement 
of his estate, w"*" accordingly they have by a writing sent Cap* 
clarke & Marshall wayte 



1 64 NEW HAMPSHIRE COURT RECORDS 

At a Court of Adjournment held at Dover y^ 7° Augu* 1661 

p'"sent Cap* Wiggins Cap* pendleton m^ Edw: Hilton 
Bill of p'"sentments 

The Countie of Dover & Portsmouth p'sented for want of a 
sufficient Bridg for horse & ffoote over Chochecho River, The 
Court ord'^ that a Committe out of the Towne of Dover & 
Portsmouth be chosen to Veiw Chochecho River, & if they find 
it Needfull are Impowered to make a bridg for horse & ffoote, 
& pay 2^ 6^^ fees Court. 

The Countie of Dover & Portsmouth for Neglect of a gen : 
Court ord"" concerning Recording berthes & deaths. 

Sentence of Court that if the two townes doe not provide 
bookes fitting to Record in & comitt the same to the clerkes 
of y^ writs in either towne & bring in unto y s*^ clerkes there 
berthes deaths & marrages to be recorded by the next setting 
of the gen^ Court in octob. the two townes shall pay tenn 
pownds a peece fine for there neglect, & fees of Court 5^ 

The towne of Portsmouth for neglecting to repaire the high 
way from bloody poynt to greeneland, this Court appoynts 
L* Hall & m'' Henry sherburn & Jn" sherburne to view the said 
way & Lay it out & if it fall within the Township of Portsmouth 
the s'^ towne is to repaire it by the next Countie Court held at 
Portsmouth or pay a fine of 5' & fees of Court 2« 6"^ 

The Countie of Dover & Portsmouth & the Countie of Nor- 
folke for want of a sufficient bridg for horse & ffoote over Lamp* 
River, for the effecting whereof This Court doth com'issionate 
Jn" Gillman Tho: King John Goddard & W'" ffollett who shall 
somtime within a Month after this time goe & view y" s^ River 
& if they shall see meet to have a bridg either for horse or ffoote, 
they are hereby Impowered to erect the same, & if they see 
cause to press men or Cattle according as the ord' of the gen* 
Court provides in this behalfe, as appeares in y" booke of Lawes 
pa: 6 & 7 & to have it finished by the next Countie Court at 
Portsmouth & pay ffees of Court. 



NEW HAMPSHIRE COURT RECORDS 1 65 

At a Court of Adjournment held at Dover the y'*' of August 
1661 

bill of p''sentm'^ 

Ralph Twamley of Dover for excessive Drinkeing, Confest 
Sentence of Court to pay 3* 4*^ fine & ffees of Court 

m' Mason of Portsmouth for Living from his wife m' Mason 
giving the Court severall reasons of his Long Stay from his wife, 
wherewith they are soe far satisfied as to give him a twelve 
monthes time to gett her over unto him or to goe unto her, & pay 
fees of Court 

Richard Allisson of Portsmouth for Living from his wife, the 
s'* Allisson bringing into Court testimony y' he hath sent for his 
wife, soe far satisfies them that they allow him a yeeres time to 
gett her over, or else goe unto her & pay fees of Court 

Tho: Wedg of Portsmouth for Living from his wife This 
Court allows him a twelve months time to bring Her to him or 
to goe unto her & fees of Court 

The Clarke of the m'^kett of Dover for not looking to weights 
& measures: this p-'sentm* ffalls it being the Constables dutie 
by Law to ^vide them 

Tho: Nock of Dover for being drunke, this p'"sntment falls 
he having satisfied the Constable before 10^ proved 

Henry Hallwell & his wife for incontenencie before they were 
Marryed as appeares by the berth of the child 

Sentence of Court to pay a fine of 20* & 5^ ffees Court 

M' George Walderne of Cochecho for liveing from his wife 

This Court allowes him a twelve monthes time to goe home 
to his wife or get her over to him & pay fees Court 

Att A Court of Adjournm* Held at Dover y^^ August 1661 

presentments 
Mihill Brawne ffor abusing his Neighbo" w*^ reveiling Speeches. 
Confest, Sentence to have an Admonition & pay ffees of court 
Ralph Hall of Dover for selling wine beare & victualls with 



1 66 NEW HAMPSHIRE COURT RECORDS 

out Licence. Ra: Hall pleading that he was hindered by the 
providence of god from coming to Court at Portsmouth & in- 
tended to renew it at y" Adjournm^ w"** hild not, is sentenced to 
have an admonition & pay fees of Court 

Jn° Webster for selling wine w^'^out Licence, sentenced to 
pay a fine of 40^ & fees of Court 

Rich: pinckham of Dover for excessive drinking — confest 
Sentence of Court to pay 2« 4^ fine & fees Court 

Steeven Robinson Joseph Smith & Robert Hussey for disor- 
derly cariage in drinking & Quarrelling confest they changed a 
box on y" ear or two, sentence Court to pay 3^ 4^ a peece, & fees 
Court 2^ 6^^ apeece : 

Rice Howell for that he threw a glass bottle where with he 
Struck Rob' Hussey in the face, sentence to pay a fine of 10 
shillings & fTees Court 

phillip chesley for abusing his wife, not being full proofe he 
is admonished to be careful for time to com & pay fees 

phill: chesley for a fame in excessive drinking & abusing m"" 
Moody & m' stileman, having satisfied for his drinking before 
by paying 10^ allowed cap* pendleton & confest his care to m^ 
Moody & stileman to ther satisfacc'on is only admonished & 
pay fees court 

Tho: Grant for Resisting som of the inhabitants of ports- 
mouth to suppress a tumult & Quarrelling, being not proved is 
allowed for attending y Court 2* 

At a Court of Adjournm* held at Dover 7*^ Aug* 1661 
There coming into this Court severall testimoneys against 
phillip Chesley of his revileing speeches to sundry ^sons as ^ 
the s** testimony on file may appear, is sentenced to have an ad- 
monition & pay fees of Court 2' 6*^ 

The Constables of Dover that weer in place the Last yeere are 
sentenced to pay a fine of 20« a peece for not providing weights 
& measures for the s*^ town & fees of Court 5* 



NEW HAMPSHIRE COURT RECORDS I67 

This Court allowes Isaack Cozens 8* for his attendance at the 
last Court to answ m"" Jn" Cutts who entred not his acc'on 
against him 

AHce Cate & Sarah Abbutt being bound over to this Court 
by the Comisso" of Portsmouth to Answ for such miscariages 
as should be proved aga* them or either of them for abusing on 
the other by words or otherwise, this Court having heard the 
comp" of sarah Abbut & considered the testimoneys, doe sen- 
tence that Aliice Cate for drawing of blood from the s"^ sarah & 
for saying she was the cause of the loss of her child proved by the 
testimonys is to have lo stripes with a whip or redeeme it by 
paying a fine of 40^ w"^ her husband promised to pay in her 
behalfe & fees court, & the s"* sarah Abbutt to have an admoni- 
tion & pay fees Court Scate is to allow 4 witnesses 6' 4^* to 
abbutt & his wife 

]n° Webster Allowed to sell wine but not strong waters 

m' Maverick brought into Court accompt of 6' 2' receved of 
Lemons estate & 19^ 4*^ p'^ a debt of y" s*^ Lemons his note is 
in the records: 

Hen : Tibbett tooke oath of a sealer of Leather for the towne 
of Dover 

wilW ffurber & W" ffollet Adm'istrat" to y* estate of Tho: 
Johnson being enjoyned to bring into this Court an Inventory 
of his estate w"^ accordingly was p'sented, but not ^fected, they 
are allowed longer time & to cary it into y^ comis" of Portsmouth 
& before them to take oathe unto it 

The rest of y^ p'sentm*' in y« bill not ended are refered to the 
Comiss"" of Portsmouth to make an end of in som convenient 
time 

To y Constable of Portsmouth or his dep''^ 

you are required to levy by way of execution the goods & 
chatties & for want thereof the body of Jn° Webster the full 
sume of forty six pownds one shilling & deliver it into the hands 



1 68 NEW HAMPSHIRE COURT RECORDS 

of Cap* Brian pendleton It being a judgm* confest before y^ 
worp" cap* Wiggins m'' Danforth & bench at Dover the 20° 
4° m° 1659 to be due unto the s^ Cap* pendleton, you are alsoe 
to levy 2* for the execution, hereof faile not at yo' ^ill dated y" 
29° June 1659 

By the Court Henry sherburn 

I have Levied this execution upon y^ dwelling house & land 
of Jn" Webster & delivered it into the hands of Brian pendleton 
this 4**" of July 59 ^ me 

Hubricht Matton Constable 

We whose Names are und"^ written being chosen by cap' 
pendleton & Jn° Webster & m'' Matton Constable to Apprize 
Jn" Websters house for the satisfying of this execution, doe 
ajudg it to be worth seventie pownds ster' witness o"" hands the 
4° July 1659 

Elias stileman 

Sam. Haynes 

sign of Rich: Comings 

Recorded according to the originall the 23° of Jan: 1661 by 
me Elias Stileman Record ■■ 

John partridg tooke y oath of fidelitie before the Commisso" 
of Portsmouth the 4*^ of march 61-62 

At a Countie Court held In Portsmouth the 24*'' of June 1662 
p'^sent then y Worp" Tho: Wiggins Majo'' Lusher Cap* pen- 
dleton Cap* Waldren 

Gran Jury 
Deacon John Hall Jn" Martin 

James Johnson Hen : Langstar 

Antho: Brackett Tho: Hanscom 

Job: Clements Jn" Meader 

Jn° Sherburne Jn" Hill 

Ric: Jackson Walt^ Neale 



NEW HAMPSHIRE COURT RECORDS 



69 



Jury of Trialls 

M' Ric: Stileman 

Sam: Heynes 

Toby Langdon 

Ric : Slooper ^ portsmo 

Tho: Jackson 

Jn" Moses 

Leonard Weekes 

L* Ralph Hall 

Jn" Roberts 

Philip Cromwell r Dover 

Robert Burnham 

Tho: Beard 

Tho: Nock in y rooms of L* Hall in Ja* Rawlins case 
Tho: ffootman of Dover being som'ons to Serve on y Jury 
of Trialls & not appearing is fined 6^ 8** 

m^ Rich: Cutt being Som'oned to serve on y" Jury of Trialls 
& not attending that serviss is fined 6^ 8"^ 



[Court Papers, vol. i, p. 147,] 

y 24 y^ 4 m 1662 presentments drawne up by y" grand Jury 

1 we present Lenward wicks of greanland for stricking and 
theatening Theophelus Parks sarvant to waiter Neale of green- 
land 

witness waiter Neale of greenland and his wife 
acknowledged: Sentence to have admonition & pay fees 
Court: 2« 6<^ 

2 we present y^ Towne of Portsmoth for neglecting to mend 
y high way going from greenland to bloody poynt this is y*^ 
2 or 3 time it hath been presented 

wittness Job Clements of Dover Neck Henery Langster of 
bloody poynt 

3 we present Thomas Everit of portsmoth for Excessive 
Drinking and sweareing 



170 NEW HAMPSHIRE COURT RECORDS 

wittness John Sherburn and waiter Neale both of portsmoth 
Confest sentence to sett in y*^ Stockes 3 hours 

4 we present John Joans of portsmoth for being in the 
ordenary att an unseasonable time and Excessive drinking 

wittness John Sherburne of portsmoth 
sentence to pay 3^ 4*^ & fees 

5 we present fancis gray of y great Hand for Excessive 
drinking and distirbing severall persons 

wittness John Thomas of portsmoth who saith y* John 
fosse John bemis and widow dustern Can give further Evydence 
Sentence to pay 3^ 4*^ & fees 

6 we present Bartholomew drew of y" lies of shoales for being 
drunck att portsmoth one lords daye att night 

wittness M'^ moody of portsmoth 
not to be found 

7 we present steeven Edwards sarvant to Richard Jackson 
of portsmoth for Excessive drincking and Chalenging men weth 
sword 

wittness M"" marsten Marshall 

confest, Sentence to pay fine 3' 4^ & pay fees Court Ric: 
Jackson engaged to pay it 

8 we present M' Masson of portsmoth for living absent from 
his wife 

former excuse cleres him of this 

9 we present Richard Allyson of portsmoth for living absent 
from his wife 

entered in record 

10 we present Arther hues of welchmans Cove in dover for 
living absent from his wife 

not to be fownd 

11 we present M' Georg waldern of Chechecho in dover for 
living absent from his wife. 

his wife was dead befor a 12 m° this fall 

12 we present y^ Towne of Portsmoth for necklecting to mend 
y foot way betweene John Hunkens house and y meeting house 



NEW HAMPSHIRE COURT RECORDS I7I 

town to mend the way or Lay out another by michaellmas or 
pay a fine of 5' & fees 

James Pendleton & W™ Howard Agents & Attorneys to Cap* 
Brian pendleton & m' Jn" payne p^ aga* W"" Roberts of Oyster 
River def* in an acc'on of debt upon acco' w*** due damages: 

Jury find for y p^ 4' 5« 6'^ damages & i ' o» 8*^ Cost 

James pendleton & W"" Howard ag'^ & Attorneys to Cap' 
Brian pendleton & m*" Jn° payne p' against James Cate of ports- 
mouth in an acc'on of debt upon ace* & due damages 

James Cate came into Court & Confest a Judgm* of lo' 17* 
6'* due unto the p' 

Walter Abbutt assigne to m' Mattoone p' aga* Jn" pickering 
defen* in an accon of y" case concerning the forfiture of a bond 
of 12' w"*" said pickering stood bound for y appearance of m"" 
Edw: walch at the Comission Court 

Jury finds for the p' the bond forfieted 12' & costs 

This Court Cancers the bond & have allowed the p' his due 
debt with costs there aboute & damages for the forbearance 
w"'' is 9' I7« 6^^ the w"'' the defen* paid forth with in a bill of 8' 6« 
by Cap* pendleton & remitting an execuc'on of i' 11^ 3** 

Walter Abbut p' ag* Jn° Pickering def* in an acc'on of debt 
upon ace* to y^ vallue of 8' 1^4'^ 

This acc'on withdrawen & referred to Cap* pendleton Cap* 
pike & m' Sam. Hall to end, as alsoe all oth"" differences betweene 
y" & both ^tes have acknowledged in Court to stand bound 
each to y^ other in the sume of 20^ ster' to stand to there award. 

Cap* Walt' Barefoote p' aga* Rachell Webster the Relict of 
Jn° Webster def* in an acc'on of debt to y" vallue of twentie 3 
pownds due by bill }^ in money y" other ^ in merch*'''*' fish 

Jury finds for y« p' the bill of 23' & 25^ 6^* Costs Court 

The defend* appeales from this sentence to y next Court of 
assistance, & Jn" pickering together with the defendant binds 
them selves in 50' bond to prosecute this appeale to eflfect 
according to the Law aboute appeals pag i 



172 NEW HAMPSHIRE COURT RECORDS 

Cap* Walt*^ Barefoote p' aga* Ralph Twamley defen' in an 
acc'on of y case for phisecall meanes & attendance to y vallue 
of 3» I5« 

Jury finds for the p' 3' 15* damages & 21^ 2^^ Costs. 

Cap' Walt' Barefoote p' ag* y Administrat" of m' Val Hill 
def* in an acc'on of the case upon ace* to the vallue of 50^ or 
thereaboutes for phesicall meanes & attendance of y^ s^ Vail: 
Hill & his ffamyly: 

The p^ was Nonsuted the sommons being not Legall 

M"^ Sam: Hall p' ag* phillip chesley defen* in an acc'on of defa- 
mac'on & Slander charging him with Cozening & cheating say- 
ing y* he was a Knave & y* he had Cozened & cheated him the 
s'^ chesley of lo' or more w"** was a Just debt whereby the s*^ 
Hall is dampnified in his Credit 500': Jury finds for y p' 50 
shill: damages & 2^ 3^ cost of Court 

Leif* Ralph Hall p' aga* James Rawlins def* in an acc'on of 
y^ Case upon acco* the vallue of 4' i« 4^ or there abouts: 

Jury finds for y p' 4' 2« i^^ damages & I2« 8'' Costs. 

W*" Aldredg came into Court & Confest Judgm* of 13' 9^ 5^ 
due to Xph'' Jose in behalfe of Ric: Cumings Attorney to m' 
Jn° penwell: 

W"" Aldridg came into Court & Confest a Judgm* of 3' i^ 2'' 
due unto m' Jn° Howell: 

W™ Aldridg in open Court acknowledged a Judgm* of 10' 
due to Richard Allison 

The Jury of Inquests virdict aboute the untimely death of 
Joshua Kendrick & Tho: Wilson y* were burned brought into 
Court & remaines on file 

Cap* Walderne Eld'' Nutter Le* Ra: Hall tooke comisso" oath 
to end small causes in the towne of dover for y yeers ensewing 

Thomas Roberts tooke Constables oath for Dover. 

W'" fTollet & W"" ffurber Administrator to y estate of Tho: 
Johnson brought in an Inventory to this Court of s"^ Johnsons 
of 200' 06'' 6'* unto w'' they tooke oath: 

This Court grants unto m'' Nathaniell ffryer power of Ad- 



NEW HAMPSHIRE COURT RECORDS 1 73 

ministrac'on on y estates of Joshua Kendrick & 'I'homas Wilson 
deceased & enjoy ncs him to bring in an Inventory of there 
estates unto y Com'ision" of Portsmouth: 

This Court grants unto phillip Tucker power of Adminis- 
trac'on on the estate of John Bickford of lies of sholes who died 
Intestate & he is injoyned to bring in to y" Com'isson" of ports- 
mouth an Inventory of y" s'^ estate 

This Court grants unto m" Mary Hill a writ of dowry for her 
y^ of such Lands & houses as was her late husbands m' Val: 
Hill according as y Law ^vides in y* behalfe pa: 26: & doe 
Impow"" L' Ralph Hall Ensigne Daviss & Rob' Daviss to sett it 
out according to y s'' Law: 

W™ Croscom of lies of sholes came into Court and Confest a 
Judgm* of 25' 10^ due to Cap* Richard Waldren of Cochecho: 

This Court having Information of Edward Colcords being 
und'' an arest for debt, have thought meete to take the oppertu- 
nitie to conveigh him hence unto y Govern'' to be dealt withall 
according to ord'" of y*" last Gen. Court in may past, & therefore 
doe ord'" that the cleric Issue for a warr* to the Constable of 
Portsmouth to Apprehend him & conveigh from Constable to 
Constable to the Gov in boston 

Rob* Burnham being by y^ worp" Cap' Wiggins bound in a 
bond of 30^ to appeare at this Court to answ for his neglect 
in the execution of his office as clerk of y trayne band in Dover 
& upon examinac'on this Court finding him guilty and as him- 
selfe alsoe confest through his owne inconsiderateness & misap- 
prehensing together with y^ solicitac'ons of others hath neglected 
the same. This Court sentence him to pay a fine of 20^ & 
to make this acknowledgm* at the head of Dover Company 
the next trayning day and in case of refusall to pay a fine of 5 
pownds & ffees Court 

Whereas I Robert Burnham being Gierke of y^ Trayned 
company of Dover have som time lately passed through my 
owne weakeness & inconsiderateness neglected y dutie of my 
place & y* whereto my oath have strictly engaged me, & to 



174 ^^^ HAMPSHIRE COURT RECORDS 

easily harkned to solicitacons of others in not duly Levying the 
fines of all such ^sons as Legally were delinquents & fined for 
y offense according to Law, of W^ my errour I doe now ack- 
nowledg my selfe to be fully convinced & confess it was my 
fault & sinfull offence, for w"^ I am heartily sorry, & engage & 
resolve to be very carefull & diligent in all respects whereto by 
place I am by dutie bound for time to come: 

Joseph Sanders motioning to this Court to be free from 
Com 'on trayning at dover by reason of his being hard of hearing 
is Granted him he paying 6' ^ an'm to y" use of the Company 
at Dover: 

Xph' Sowton being bound over to this Court by the Commis- 
son" of Portsmouth in a bond of lo^ upon a suspetion of break- 
ing up a house & taking out money & there being farther proved 
this Court discarges him of his bond 

Mathew Giles upon his request to this Court to be free from 
Com'on trayning by res of his age is Granted him he paying 
5' a yeere to y^ use of the train Comp at Dover: 

Ann pitman being Som'oned to this Court to answ' to her 
p'"sentm* for makeing or endeavouring to make disturbance & 
difference in w"" williams his famyly, her husband appearing 
before this Court to Answer confest the same in her behalfe 
This Court sentence her to pay a fine of 5* & to pay the Constable 
Tho Nock 2* for som'ons him & 3^ for som'ons of 3 witnesses & 
fees Court 2^ 6*^ w*=^ he w™ pitman engaged to pay 

This Court gives power & Com'ission to Cap* Ric: Waldren & 
Leif* Ralph Hall to ffree such ^sons of there towne from Com'on 
trayning that they shall see Just reason for, & to returne the 
Names of any such they free to the Cleric of this Court to be 
entred in the County record 

George Jones being bound over by the comisson" of Ports- 
mouth to this Court upon suspition of breaking up a house & 
taking money thereout, w"** doth not appeare to this Court that 
he is actuallie guiltie, yett grownd enough for suspition, & there 
coming into this Court severall compla*' aga' the s"^ Jones of 



NEW HAMPSHIRE COURT RECORDS I75 

his evell cariages in abusing his Neighbours In giving y™ thrett- 
ning speeches, some whereof uttered before this Court, this 
Court sentence him to be bound in a bond of 20' to be of the 
good behaveour & to appearc at next Court at Dover: & pay 
fees of Court 

George Jones doth acknowledg himselfe to stand bound unto 
the Tressurer of Portsmouth in the some of 20 pownds sterl 
well & truly to be p'^ by him his heires & Executo" & for paym* 
whereof doth bind over his now dwelling house & Land in 
Sagamo" Creeke, The Condition of this obligac'on is such that 
if the said George Jones shalbe of the good behaviour towards 
all people of this Jurisdiction & appeare at the next Countie 
Court held at Dover, that then this bond to be of None efect, 
otherwise to stand in full force pow^ & vertue 

It appearing to this Court y* Anthoney Ellens have lost 
money out of his house & the servant of phillip Lewis being sus- 
pected to have taken y^ same for w^** he was Com'itted untill 
this Court to answ the same whoe in his examynation before 
y' Com'isson"" that Comitted him Confest y* he gave his master 
phillip Lewis 45 shillings for to Keepe for him w^ s'^ mony the 
s<^ Lewis was Jealous his servant afores<^ had stolen, & for as 
much as y^ s'^ Lewis did conceale the same & not make it Knowne 
as y^ Law ^vides this Court sentence him to have an admoni- 
tion & pay fees Court 2« 6*^ & referrs the further inquiry whose 
the s*^ money may be to y" Comisson'' of Portsmouth, & to restore 
y*' same to y right owner againe 

It being reported to this Court that Sam'' Heynes is neglec- 
tive in his office as clerke of the trayn band in Portsmouth, & 
upon examynac'on it appearing to this Court to be soe, this 
Court sentence him to pay a fine of 10^ & enjoynes him to 
gather up such fines as are yet behind & pay fees Court 2' 6** 

This Court Impowers the Com'isson" of Portsmouth to give 
the new Constables there oath & in case they shall refuse to fine 
them according to Law, & the town to chuse others in there 
roome 



176 NEW HAMPSHIRE COURT RECORDS 

Complaint being made to this Court by the drum'er whoe 
attends them as there officer concerning Jn° pottle for Kicking 
out the head of his drum w^ was proved in Court as alsoe the 
Courts takeing notice of his being drunke by his not Knowing 
the place where he did it & by his Antick carriages before them, 
& other contemptuous cariges & unrulyness: sentence him to 
pay ID' concerning the drum & other his cariages & lo' for 
being drunk or to be whipt forthwith to y Number of 10 stripes 
& fees of Court Sam : Wheden gave a bill to waf Abbut to pay 
this fine at m' Jn° Cutts: & accepted by s^ Abbutt 

Complaint being made to this Court by the marshall against 
Christop' Gold whoe refused to ayd him to bring Jn" pottle 
before this Court upon the Courts sending y^ marshall for s** 
pottle, the s^ Gold Confessing his fault to y^ Court, sentence is 
to have an admonic'on w°*^ he had : & pay fees Court 2^ 6'^ 

Rachell Webster Widdow came into Court & oppenly de- 
claired that she renownced to becom Administratrix or to take 
Administracc'on on y« estate of her deceased husband Jn" 
Webster or to have anything to doe with the said Estate. 

Cap* Waldren & Elias Stileman are ordered by this Court 
to take an Inventory of the estate of Jn" Webster deceased, & 
to secure the same the best they can untill Administrac'on be 
granted or the Court take furth' ord' aboute the same 

This Court takeing notice of the great Inconvencie of the 
two townes of Dover & Portsmouth for want of a prison, this 
Court ord" that if the prison be not set up & compleated (ac- 
cording to an ord' made last Court) within 3 monthes that 
whether of the two said townes shall be defective in that w"'' is 
there part to doe for the finishing of the same the delinquent 
towne shall forfeit to the other 20' to be disposed for the townes 
use that is not defective and L* Ralph Hall is appoynted to 
Joyne w*^ Cap* pendleton & Cap' Walden in Com'isson to see 
it be done according to time prefixed 

L* pumfrey of dover makeing request to this Court to have his 
Licence renewed to sell strong water by retailc, is granted him 



NEW HAMPSHIRE COURT RECORDS 177 

Tho: Trickie desireing this Court to renew his Licence to 
Keep a house of Com'on entcrtainem* & to sell wine & strong 
Liquor at bloody poynt, this Court Grants It. 

Walter Abbutt motioning to this Court to have his Licence 
renewed for Keeping a house of com'on entertainement & to sell 
wine It is granted him 

Widdow Webster making request to this Court to have her 
Licence renewed for Keeping a house of com'on entertainem*^ 
i!<: to sell wine, is granted her provided she gett an honest man 
into her house to govern the same such as shalbe approved by 
the Select men of the Towne of Portsmouth. 

Leif* Ralph Hall requesting this Court to have his Licence 
renewed for to Keepe a house of com'on entertainem* & to sell 
wine in the Towne of Dover: is granted him 

There being a report made to this Court that George Walton 
is Laying downe his ordinary upon y^ great Hand & he not 
seeking to renew his Licence, & the Court being Informed how 
needful it is to have one there, doe ord"" that the Townesmen 
appoynt some honest man to Keepe a house of entertainem* & 
sell wine as George Walton formerly did, & the Com'isson" have 
hereby poW to Licence him 

AL Richard Stileman making a request unto this Court to be 
ffree from Com'on trayning at Portsmouth by reason of his 
being hard of hearing is granted him he paying 6^ ^ An'm to 
y-' use of the traine Comp there 

Jn° Lock & Daniell cheney having Edward Colcord Com- 
mitted to them to Keepe & letting him goe in the night are fined 
2' 6<i apeece, & are enjoyned to doe y uttermost to gett him 
againe w*> if they doe are to be p'^ for there paynes other wise 
to pay as aboves^ 

Richard Allison being p'^sented for Liveing from his wife 
This Court allowes him fower monthes time to goe home to his 
wife if she come not in y meane time or to pay a fine of 20' 
& fees Court 

Leonard Weekes p-^sented for striking & thretning of The- 



178 NEW HAMPSHIRE COURT RECORDS 

ophilus parkes serv* to waif Neale, acknowledged Sentence to 
have an admonition, w^ he had & pay fees of Court 

witness wat Neale & uxor 

Steephen Edwards serv* to Rich : Jackson p'sented for exces- 
sive drinking & challinging men with y^ sword confest sentence 
to pay a fine of 3^ 4^^ & fees of Court 2« 6<^ 

[Witness] m' Mattoone y" M 'shall 

This Court allowes M '"shall Rich Wayt thirtie shillings for 
his attending upon Majo"" Lusher: & 6^ to y^ serv*" of m"" Rich: 
Cutt: 

At a Countie Court held in Dover the 30 of June 1663 
p'"nt Cap* wiggin Majo"" Hathorne Majo"^ Lusher majestrates 
Cap*^ pendleton Cap' Waldron Cap* pike M' Hilton L* Ric: 
Cutt associates Sworne 

Jn° Meader & Jer: Tibbit Tooke oath of Constable for the 
yeare ensewing for Dover 

Grand Jury 
Thomas Lay ton M' Nath: ffryer 

Serg* Jn° Hall Jn° Jackson 

Jn° Bickford sen' Sam: Heynes 

Richard Cator Rich: Cumings 

Deacon Jn° Hall Marke Hunkings 

Thomas Hansum Edward Clarke 

Jury of Trialls 
phillip Lewis Jn** Woodman 

Jn° Robberts Tho: Humphrey 

Ralph Twamlin Tho: Nock 

Jedediah Andrews Abraham Corbett 

An" Nutter James Johnson 

Jn° Martin W"' Cotten 

Serg* Jn" Hall in ph: Lewis acc'on 

Rich: Jackson being Som'ons to serve on y Jury of Trialls & 
not appearing being Legall Called the Court sentence him to 
pay a fine of 6^ 8^ 



NEW HAMPSHIRE COURT RECORDS I79 

Hen: Savidg being Som'ons to serve on the Gran Jury & not 
attending that service being Legally Called is sentenced to 
pay a fine of 6' 8'^ 

Dennis Downing p^ against Edm: Greene def in an acc'on 
of the case for deserting his service Contrary to Covent, This 
acc'on is commenced by consent of both ^ties without attachm*. 
Jury finds for defend' cost of Court 8 shillings 

Edm: Greene p' ag* Dennis Downing def' in an acc'on of the 
case for breach of Coven' Jury finds for the p' ii' 4* and cost 
court the bench res' not this verdict, but upon mutuall consent 
is referred to the bench to end who doe award that the defend' 
pay unto y* p' 5' 17* 

Jn° Amenseane p' ag' m' Edw: Lyde in an accon of y" case 
for with holding a debt of 25' by bill w'*' due damages: the 
defen' being dead this acc'on ffalls there being none to answ to 
the sute: 

Cap' Wal' Barefoote p' ag' Tho: Nock def' in an acc'on of 
debt due by bill of 11' 5' ii"* Jury finds the bill of 11' 5' ii'^ 
& 15' Cost of Court 

phillip Lewes p' ag' Edward Clark defen' in an acc'on of the 
case for not returning his servant according to Law w"*" he 
had in his Custodie by vertue of a warrant: Jury finds for y* 
defend' Cost of Court 

M' Jn° Cogswell p' ag' James Rawlins def' in an acc'on of the 
case for with holding three peeces of Kersey & 2 elleven shill: 
peeces of Gold & due damages — Jury finds for y" p' for Cloth 
gold & damages 22' 6« ic^ & i' 17^ Cost of Court 

Walt' Abbut p' ag' Robert Elliot in an acc'on of y^ case for 
with holding a debt of 13' or thereaboutes due by booke: Jury 
finds for y^ p' 9' P 4^^ & m' Jn° Cutts Credit for 4^ & 16^ 6*^ 
Cost Court: 

M' Jn° Wincoll p' as assigne of Tho: Broughton ag' Tho: 
Doughte & Jn° Windet defn" in an acc'on of y^ case for beach 
of coven'" for Logging, withdrawen : 

George Walton p' ag' W" Drew defen' in an acc'on of ace* 



l80 NEW HAMPSHIRE COURT RECORDS 

for not giving of ace* of a viage of fish and trayne The defen' 
being not at home the Court w'^ the consent of the p^ doe 
continew the attachm* to the next County Court held at ports- 
mouth & the house & Land attach is still to remaine und' the 
Custodie of the Law that the p^ may recover his Just damages, 
the p' giving the defen* timely notice by som'ons to answ' the 
sute, the attachm* is upon file in the court records 

W"" Newman Came into Court & confest a Judgm* of 14 
pownds money or beaver at money price due unto Cap* Walter 
Barefoote 

Henry Hallwell of Oyster River dying intestate This Court 
grants Le'rs of Administrac'on unto his widow Rebecca Holl- 
well who at y" same time brought in an Inventory of the estate of 
her s'^ Husband of 16' 9^ ic^ unto w'^'^ she tooke her oath: 

A Motion being made to this Court by the tressur"^ of Dover 
concerning charges expended aboute Benja. Hulls carying to 
prison, how & by whome he should be payd This Court ord' that 
Cap* pendleton for Portsmouth & Cap* Waldren for Dover shall 
take the ace* of y^ same & devide it equally upon the two townes 
whoe are enjoyned to pay w* upon examinac'on the s'^ Captains 
shall finde Justly due. 

Jn° Webster of Portsmouth dying intestate This Court grants 
pow' of Administrac'on unto Cap* Ric: waldron who is en- 
joyned to bring in an Inventory of the s'' estate to y^ next Court 
for y^ County held at portsm 

W"" Newman being Som'ons to this Court to answ The sute 
of Jn° ffost Attorny to An° chechley & not ^cecuted: desires his 
charge W^ is granted him 22 shillings 

Jn° Menseane [Amazeen] motioning this Court y* seing his 
acc'on Could not be tried by reason y defend* was dead desired 
he might have his charge upon entring the acc'on remited w'='' 
this Court grants & the tress"" is to allow it 

M'' Edw: Lyde dying without will this Court grants unto 

m"" ed Richworth m"" Sam Maverick & m^ Ric: stileman 

pow to Administer on his estate & they are enjoyned to bring 



NEW HAMPSHIRE COURT RECORDS l8l 

in an Inventory thereof to the next Countie Court held at ports- 
mouth: & it is further ordered by this Court that these 3 chosen 
or any two of them have poW to act in any thing concerning the 
estate, & all ^sons who have any of his estate in y hands are 
to rend'' it up unto them . . . receipt shalbe their discharge 

The last will & testam* of Jos: Austin brought into Court & 
proved by 

Alsoe an Inventory of his estate amounting to 47' &' sworne 
unto by his widdow Sarah Austin whoe because the will is Im- 
perfict the Court grants Administra" unto her with directions 
aboute y estate entred at the foote of the will w"'' is upon fyle: 

The Last will of Richard Seaward sen' brought into Court & 
proved as appeares on y« foot of the will alsoe an Inventory of 
y* s'' seawards Estate of 141' 10^ to be disposed according to y* 
s** will by the Administrators as Impowred by this Court w«^ is 
entred on the foote of y" s'^ wall upon the file 

Jn" Tuttle of Dover dying Intestate, this Court empowers his 
widdow Dorothy Tuttle as Administratrix to y"^ s'* estate who 
brought into Court an Inventory of his estate amounting to 
85' 19^ 6'* w"** the Court ord' as followeth viz* It appearing to this 
Court y* the Eldest daughter of the deceased is maried & hath 
had her portion already ord'' that his son Jn" Tuttle shall have 
10' when he comes to 21 yeeres of age & y*' youngest daughter to 
have 15' when she coms to the age of 18 yeeres, or be disposed 
of in marriag & the remainder of y^ estate shall be to y widdow 
during her Life or widdow hood estate & if in Case she shall 
marry then to have the thirds according unto Law, & after y^ 
widdows decease or mariage the Son to have the Land. 

James Smith for Contempt in open Court by Keeping on his 
hatt notwithstanding he was adminished & bidden take it of, is 
sentenced to be set by the heeles one hower & fees Court 

Deacon Jn° Hall being chosen by the Towne of Dover to be 
clearke of the writts is Confirmed by this Court. 

Edward Wharton Coming volluntarily into Court and shew- 
ing contempt thereof by words & gestures sentence him to set 



l82 NEW HAMPSHIRE COURT RECORDS 

in y^ stockes one hower, After he had sate the Courts pleasure 
in y stockes the Court sent for him to appeare before them, & 
being before them asked him wherefore he came hether, unto 
w^ he Answered to beare testimony against violence & oppres- 
sion, it was asked him aga' wherefore he came into this Towne 
he answered to beare witness unto y^ truth, & y* he had noe 
outward occasions to come to the towne 

Theise Answ" gave the Court cause to Looke upon him as a 
vagabond Quaker & Sentence him to be Conveighed from Con- 
stable to Constable untill he Coms to Salem y^ place of his habi- 
tac'on & that he be whipt through Dover hampton & Newbery 
by the Constables of y" s<* Townes at y^ Carts tayle to y* Number 
of 30 stripes viz* tenn stripes in each Towne, & ffees Court 30" 

To y^ Constables of Dover Hampton Salsbury Newbery 
Rowley Ipswich & Wenham 

you & every of you are required in his maj*"' name to receive 
into yo' Custodie Edward Wharton a vagabond Quaker & con- 
vey him from Towne to towne untill he comes unto y* place of 
his habitacon in Salem, & y" Constables of Dover Hampton & 
Newbery are to whip him through theire Respective townes at 
y* Carts tayle not Exceeding y^ number of 10 stripes in each 
towne according to the Law of vagabond Quakers in that be- 
halfe this being the sentence of Court held in Dover this 4"" of 
July 1663 hereof you are not to fayle at yo^ ^ill da: 4*'' July 
1663 

^ Elias Stileman Cleric 

The wife of Mathew Giles being by y^ worp" Cap* wiggins 
bound in a bond of 20' to be of good behaviour, & engaged if 
not able to pay it would submit unto this Courts Censure, The 
w*" this Court finds to be often broken Since that time by her 
Cursing & Swearing & abusing her husband, viz' in saying he 
had buggered her Servant boy, & Laen with her daughter 
daughter in Law, & saing her daughter was her husbands hore, & 
y* she did hope to see her husband hanged ere long & wished 
she might be damned in hell if she did not — This Court having 



NEW HAMPSHIRE COURT RECORDS I83 

Considered the heinousness of theise crimes, Sentence her to be 
forthwith whipt to the number of 20 stripes, & to be Imprisoned 
during the Courts pleasure, ^vided y* in case of dangerous 
sickness or any other Exegent as shalbe Judged by Cap* wiggin 
Cap* waldren & Cap* pendieton she may have such enlargement 
& Libertie as they shall see meete & ffees Court 

W" penney Servant boy to Math: Giles fTor accusing his 
master of buggering of him, & afterwards sayes his dame had 
hyred him soe to say, & confest in Court y* it was not true that 
his master had done any such thing to him Sentence him to be 
whipt to y number of lO stripes fforth with. 

It appearing to this Court y* Mathew Giles hath not caryed 
himselfe soe towards his wife as it was meete for him to 
doe but hath used uncomly & ^vokeing speeches viz in saying 
he had taken his daughter as his wife w"** is provoking. This 
Court sentence him to have an admonition, w^ was forth with 
^formed : & ffees Court 

Jn° Meader Constable is allowed 5« for whiping Goodw. Giles 
& her servant boy to be allowed by the tress"^ of Dover 

William fifollett & w™ ffurber brought into Court an ace* of 
the estate of Thomas Johnson w"** remayns on file: 

This Court ord^ that the child of Thomas Johnson shall live 
with goodman Layton if he consent untill she be ten yeeres 
of age, & he to be allowed out of her estate 5' a yeere, & from the 
age of ten yeeres untill she be fourteene yeeres he is to Keepe & 
maintaine her at his owne proper cost & charge & then she is 
to make choice of her guardian, unto this agreem* goodman 
Layton did consent 

The Jurye of Inquest verdict concerning the untimely death 
of two Negroes of Cap* pendletons brought into Courte & lies 
upon file 

The Jury of Inquest verdict concerning the untimely death 
of Robert Marshall & Jer: Dolley brought into Court & re- 
maynes upon file. 

This Court Grants unto Cap* Brian pendieton & L**" Rich: 



184 NEW HAMPSHIRE COURT RECORDS 

Cutt pow^ of Administrac'on unto the estate of Robert Marshall 
deceased : 

L* pomfrey L* Ra: Hall Tho: Trickie waiter Abbut Rachell 
Webster came into Court & desired to have theire Licences Re- 
newed w"*' is Granted them 

Edw: West of Portsmouth is Licenced to Keepe a house of 
com'on entertainem* upon the G* Hand & to sell wine & strong 
waters 

Cap* pendleton & m"" Rich Cutt tooke Com'isson" oath to 
end causes und"" 10' at Portsmouth & are Impowered to give 
m'' Sherburne his oath: 

The Bill of p'"ntments Last yeer. 

The towne of Portsmouth p'"sented for neglecting to mend 
the high way going from greenland to bloody poynt, the way 
being mended a day or two before y^ Court though not suf- 
ficiently ord*^ that it be well done as soone as may be: 

Thomas Everit for excessive drinking & swearing Confest 
sentence to sett in the stockes 3 howers the w"^ he did 

Jn° Jones for being in the ordinary at unseasonable times & 
for excessive drinking, sentence to pay a fine of 3^ 4^^ & fees 

ffrancis Gray of y great Hand for excessive drinking & dis- 
turbing severall ^sons, owned sentence to pay a fine of 3^ 4^^ & 
fees 

The towne of Portsmouth for neglecting to mend the ffoote 
way betweene Jn° Hunkings & y^ meeting house, this Court 
ord" that the toune mend the way or Lay out another by the 
Last of Septemb"^ next or pay a fine of five pownds: & fees of 
Court 

Bill of p'-ntm'^ brought into Court i July 1663 

George Jones p^'sented for being drunk & for swearing, con- 
fest Sentence to pay a fine of 20' viz* 10^ for drinkeing & 10^ 
for swearing & the Court sees meet to continew his former bond 
to be of the good behavior or peace to Continew till y^ next 
Court 

Jn" Jones blacksmith for Living Idlely for severall veers to- 



NEW HAMPSHIRE COURT RECORDS I85 

gether: Sentence is to have an admonition to be more carefull 
to follow his Calling for time to come & 2« 6^ fees 

Widdow Webster for Keepeing bad ord'' in her house on y^ 
L**" dayes & at other times, proved : Sentence of Court to pay a 
fine of 5^ & ffees Court 

w*" Roberts of Oyster River for not coming to meeting for 

severall monthes. The Court ffinds 28 L''" dayes to be proved 

since his conviction sentence him to pay 5** a day according to 

breach of the Law in y' behalfe coms to 7' & ffees of Court 30" 

Bill of p''sentm'^ 

W"" Williams sen-' of Oyster River p''sented for not coming to 
meeting for severall m° The Court finds 8 dayes: & sentence 
him to pay fortie shillings fine & fTees of Court 30^ 

witness Gra. Jury of Dover 

W'" ffollett for not Coming to meeting for severall months 
Court finds 16 dayes: sentence to pay 5" ^ day is 4' & ffees 

[Witness] Gra. Jury 

James Smith for not coming to meeting for severall monthes 
Court finds 14 dayes: & one day confest to have been at a 
Quak" meeting sentence to pay 5^ a day for not coming to 
meeting is 3' 10^ & lo' for going to y^ Quakers meeting & ffees: 

[Witness] Gra. Jury 

Jn** Godard & wife & ff amy lie for not coming to meeting for 
severall monthes. y" Court finds Jn° Godard 4 dayes: & twice 
to have been at Quakers meeting, Judg him to pay 40 shillings 
according to Law: & ffees of Court 

wife of Jn° Godard being p''sented for not coming unto the 
meeting, butt it appearing to this Court by testimony & her 
owne confession that she doth attend publique ordinary the 
Court is satisfied & doth discharge her: 

M' Thomas Robberts & his wife for not coming to meeting 
for severall m° together: The Court find 13 weekes delinquence 
& Judg him to pay 3' 5« according to Law: & ffees Court his wife 
is referred to y" associates 

James Nute sen'' & his wife & sonn for not coming to meeting 



l86 NEW HAMPSHIRE COURT RECORDS 

Court finds 26 dayes: sentence to pay 6' 10^ & for entertaineing 
of Quakers 4 hourcs in one day proved Judg him to pay 40^ an 
houre according to Law: w"'' is 8' & ffees: 

James Nute upon his acknowledgm* & submission to y^ 
Court & promise that he would not entertaine the Quakers more 
& that he would ffrequent y^ publique meeting for time to com 
is Remitted his ffine of 14' 10^ to 5' & ffees. 

Humphrey Varney ffor not coming to meeting, pleaded non 
conviction, unto whome the Law was this day read & he admon- 
ished : 

Mary Hansum for not coming to meeting for severall m"" 
proved 13 dayes Court sentence her to pay 5* a day is 3' 5' & fees 

Richard Oates & his wife & his servant maide for not coming 
to the meeting for severall m° together 

The Court finds 13 dayes that Richard Oates hath omitted 
coming to meeting & sentence him to pay 5' ^ day is 3' 5' 

The Court finds that the wife of Ric oates hath neglected 13 
dayes & could not pleade any Lawfull excuse: sentence her to 
pay 5' a day fine w"'' is 3^ 5^ & ffees Court & there maide is 
referd to y^ Associates 

Robert Burnham & his wife for withdrawing from the pub- 
lique meeting severall m° — Robert Burnham pleaded that he 
had been at strabery banke meeting & y* he was not simplie aga* 
coming to meeting but som other reasons he had, w'=*' shewed 
him to this Court not to be obstinate, the Court upon Admoni- 
tion doth discharge him, he paying fees: & his wife is referred 
to the associates 

W" Robberts for an Idler as y Com'on report goes among 
us in y Towne of Dover. Sentence to have an admonition to 
be dilligent for the future, & pay fees Court 

Jellian pinkham bownd ov^ by y" worp" Cap* wiggins to 
answ"^ for her not coming to meeting the Court finds 13 dayes 
w"*" they sentence her to pay 5^ ^ day, w^ her husband refusing 
in open Court to pay for her: the Court sentence her to set in 
y" stockes one hour & to be discharged: & pay fees Court: 



NEW HAMPSHIRE COURT RECORDS I87 

Richard pinckham for being drunke Confest by him, It 
appearing to y" Court that this is y" 2'^ time sentence him to 
pay a fine of 20^ & ffees of Court 

M" Pendleton wife of Cap* Pendleton for being often over- 
taken with drinke, the p'sentment owned in her behalfe by 
Cap* pendleton whoe engaged to pay her fine of 10^ & ffees. 

Abizag Taperill for not coming to meeting severall m°^ pleaded 
she Knew noe Law ag* it was convicted & admonished to attend 
for time to come & pay fees: 

Geo: walton & wife referred to y^ associates 

M' Edward West for selling wine & Strong Liquors without 
Licence, Confest, sentence to pay a fine of 5 pownds & ffees. 

L' Howard p'sented for being much overtaken with drinke 
on Gr* Island, he submitted to y^ testimoney Sentence to pay a 
fine of io« & 2« 6"^ ffees: 

Patrick Denmor & patrick Jemmyson for brawling & fighting 
& sheding of blood at chrismas time last Confest sentence of 
Court to pay a fine of 20* apeece & ffees of Court 

The rest of y p'^ntm*^ that the Court had not time to Isue are 
refferred unto y^ Associates of Dov' & Portsmouth to Isue as 
they shall see Cause : 

This Court allowes jNI' Rayners Daughters 20^ for theire 
paynes In attending y Alagestrates at y fathers house the time 
of the Court & ord" that y Tress"^ of Dover pay it in to them 

[Court Papers, vol. i, p. 171.] 

At a Court of Asociates houlden at Portsmouth for the Countie 
of Dover & Portsmouth the 2^^ of ffebruary 1663. [1663-4.] 

Present Cap* Brian Pendleton Cap* Ric: Waldron Cap* Rob* 
Pike M"- Edw: Hilton Lief* Ric: Cutt Asociates 

Ric : Stileman is chosen Gierke of this Court 

Lief* Ric: Cutt pit ag* Walther Abbott defft in an acc'on of 
debt on Acco* 8 : 8 : 9^ ^ Booke 

the Courte finde ^ y^ pit y" debt above & 19 m° forbearance 
I. 2. 8 & costs of Court 7. 6^ 



l88 NEW HAMPSHIRE COURT RECORDS 

Lief^ Ric: Cutt pit ag* Rachel Webster & Ric: Allisonn deff* 
in an acc'n of debt on Acco* 19' 5^ Mo ^ Booke & Bill 

Acknowledged ^ Ric: Allisonn 

the Court finde ^ y^ pit 19' 5^ Mo: & 19 m° foberanc i' 11^ 3*^ 
& cost of Court 12^ 6*^ vizt double accon* 10^ Att & serving 2. 6 

Lief* Ric: Cutt pit ag* Rachel Webster & Ric: Allison defft 
in an acc'on of debt on Acco* 3. 5. 8 ffish 

Acknowledged by Ric: Allisonn 

Court finde ^ y^ pit 3. 5. 8. ffish & 19 m° forbearanc 8^ & 
Costs of Court 7. 6^^ 

Walther Abbott pit ag* Joseph Attkinsonn Defft in an acc'on 
of y^ case for a debt of about 6' ^ Booke 

sumons ^ James Drewe & Sam: Whidden 

debt acknowledged in Court 5' 8^ o^ & costs of Court bound 
IP 8 pd ^ m^ Tucker 

Jo: Attkinsonn & Jn" Pickering binde y"" joyntly & severallie 
to y^ Tres. of y Countie in lo^ to ^secute his appeale to effect 
at y^ next Countie Court & soe from court to court untill y* 
busines bee issued & to satisfie all charges thereon 

Walther Abbott pit ag* James Keat defft in an acc'on of 
debt of 9. 4. 18^^ ^ Bond ^ 4: 12: 4 

Court finde ^ y^ pit 4. 12. 4 & costs of Court 

M*^ Peeter Coffin on behalf e of y" select men of Dover pit ag* 
Tho: Beard & Jn° Woodman in an acc'on of y^ case for not 
freeing them from y charge of Tho: Come [illegible.] 

Tho: Parker shoemaker brought into y" Court ^ warr* for 
speakeing severall aprobrious & scandalous words ag* M'' Moody 

3 Evidences y prisoner committed back to y Constable 

The Court sentence ^ his revilling M' Moody 5' forthwith to 
y* Tre' or 15 stripes & for his being drunck lo' or sit in y« stocks 
I houre when y Court please M' Phesant Eastwick M' Tho: 
Danyel, & othoe Tuckerman chosen appraisers sworne in Court 
5' fine io« ^ being drunck & 9^ Jo: Morse Constable 3 dayes &J 
2« 6 Clerke all 6. i. 6 w"^ was pd accordingly to y^ s** Constable 

M' Jn° Cutt pit ag* Jn° Davis 



NEW HAMPSHIRE COURT RECORDS 1 89 

Jn" Davis acknowledgeth a judgm' of 20' 4^ O'^ uppon Bond 

IVP Nath ffryer pit ag' M"" Tho: Wiggin in an acc'on of debt 
^ 151 white Oake Pipe staves ^ Bill due 1° July last 6' 15" o^ 
Bill to be pd in kinde 7« 3 interest 8« ^ & costs 16" 2'^ 

Geo: Walton being ^sented to y^ Countie Court (& ^ y" 
referred to this Court) ^ not comeing to meeting severall 
mounths this day appeared & convicted as Quakers 

Alice Walton y" like appeared & convicted as Quakers 

Barnard Squire being ^nted to y Countie Court & referred 
to this Court ^ y" for breach of y Sabboth this day appeared 
& alleadgeth y* it was to come to meeting 

Isaac Stoakes of Dover came into Court & craved a sum'ons 
for James Rawlins & his wife & Rebecka Stoakes w"='' was accord- 
ingly graunted & a sum'ons given to Jn° Meader to sum'on y™ 
accordingly James Rawlins appeared & saieth he detaines not 
his daughter neither doeth his wife but Rebecka Stokes being 
^ y'' Court demaunded if she would goe home w**" her husband 
hee ^ermiseing her to pass by all former prejudices & amend 
any thing amiss in himselfe shee alsoe gave the Court thancks 
^ y* councell & promiseth to live w**' him ^ future 

Jn° Pickering appeared on his p'ntment for not comeing to 
meeting hee alleadged noe discontent ag* m"" Moodey nor Dislike 
of y« ordinance only his great deafnes whereuppon y^ Court 
desire him to come when hee can in warme weather 

Tho: Beard is to pay 4' to Phillip Chesley ^ 2 dayes attend- 
ance as a witnes ag* Edw Erwin & Henry Browne 

Sarah Abbott appeared on her p'ntment for being drunck 
referred ^ y^ Countie Court on Rob* Ellets testimoney & M' 
Andre we Searle oath the Court fine her 10* & fees 3 Evidences 

Grand jurey men ^ y« yeare ensueing were p'nted to this 
Court ^ y^ select men to be sworne in Court Ensign Walter 
Neale Jn° fifabes Jn° Moses An° Ellens M' Ric: Com'ins Jn° 
Lewice sworne 

Select men of Portsmouth ag* Walther Abbott ^19' Levied 
Court fine him ^ swearing 2 Oathes 20* p'ntly & Court fees & 



190 NEW HAMPSHIRE COURT RECORDS 

binde him to y'' good behaviour in 20' untill next Countie Court 
^ breach of peace in threatning y Constable in execuc'on of 
his Levie 

Eliz: Harvie wife of Tho: Harvie Marriner mooved y Court 
y* Walther Abbott had a Bond of 120' in his custodie w<='' was 
left in his custodie belonging to her husband whereuppon the 
Court com'annded y" sd Wa: Abbott to bring the said Bond into 
Court w"^ was accordinglie done & on sight of y" Bond PhilHp 
Lewice owneing y^ said Bond y^ Court deHvered y" sd Bond 
unto the said EHz: Harvie 

Joseph Morse Constable haveing a warr' from C. P. to punish 
. . . neglecting y execution thereof but let him goe y^ Court 
award him to be bound in 10' Bonds to answer this his neglect 
at y next Countie Court. . . . 

James Rawlins appeared on his p'ntment for not comeing to 
meeting hee alleadgeth unkinde passages of Dover & inabillitie 
of cloathing to attend y meeting without reproche hee is this 
day convicted of y" lawe 

James Keat acknowledgeth his excessive drincking y» night 
hee brake Rechel Websters signe & doore fined 3^ 4*^ & Clerks fees 

M^ Abr Corbet appeared on a warr* ^ selling liquour Tho: 
Parkers testimony ag* him acco* goods M"" Corbet acknowledged 
Parker had but l^ a p of liquour: James Keates breach of peace 
at Rachel Websters acco* good test M"" Corbet affirmes James 
Keat had none there y* day on M"" Corbets acknowledgm* Tho: 
Parkers ^ a p. of licquour impose a fine of 5' to bee pd forth- 
with to y Tre'r & fees 

Rachel Webster on sum'ons appearing . . . of Jn" Shackerley 
shee ack. shee had heard of it & hath given him notice to depart 

The Court order y Tre'r to give 40^ to Lief* Ric : Cutts serv- 
ants 

Portsmouth 13 May 1664 

At A meeting of two of the Associates & Clarke for y" Countie 
Court for Dover & Portsmouth: 



NEW HAMPSHIRE COURT RECORDS I9I 

p'sent Cap' Brian pendleton AP Ric: Cutt associates Elias 
Stileman Cleric 

Granted unto m' Jonathan Wade, Cap' Brian pendleton M"^ 
Richard Cutt & m"" Nathaniel! ffryer pow"^ of Administrac'on 
on the Estate of William Urin of Starr Island deceased, And 
they are Enjoy ned to bring In an Inventory of the Estate to the 
next Countie Court Held at Portsmouth: 

At a meeting of two of the Associates & Com'isson" & cleric 
of Dover & Portsmouth Court the 24° 3° m° 1664 

p'sent cap' Brian pendleton L' Ric: Cutt Elias Stileman Cler 
Otho Tuckerman of Portsmouth lately Cast away & dying 
Intestate It is granted unto his Widdow Erne Tuckerman pow' of 
Administrac'on on his Estate, & Enjoyne her to bring in an Inven- 
tory of the Estate to y next Countie Court held in Portsmouth 

At a meeting of two of the Com'isson" of Portsmouth & cleric 
of the Countie Court for Dover & Portsmouth the 13° 4° m° 1664 
pmt Cap' pendleton m"" Hen sherburn Elias Stileman Cleric 
Olliver Winget of Bridgtowne In the Countie of Devon in 
Old-England being lately cast away at y- Isles of sholes, & dying 
Intestate, It is granted unto Edward Holland his Kinsman 
power of Administrac'on on s'^ Olliver Winget his Estate, And 
s'^ Edward is Injoyned to bring in an Inventory of his Estate to 
the Next Court held at portsmouth the 28'*^ of this Instant June 

At a Countie Court held in portsmouth 28"^ June 1664 
W"* Blake and Xtop"" Cole belonging to a pinke whereof m"" 
Clemonts is Master being bound over to this Court by the 
worp" Cap' Gookin to answ' for their Drunkenness or Immoder- 
ate drinking & abusing the Constable by Kicking & strikeing of 
him the Last night proved by James parr & Mathew Williams, 
& Confest by themselves in Court — Sentence of Court is that 
W" Blake shall be forth with whipt to y" Number of 15 stripes 
and Xph-" Cole to have 10 stripes, & to pay the 4 men that Kept 



192 NEW HAMPSHIRE COURT RECORDS 

them 4^ a peece, & to pay the Constable for his Attendance 8% 
& be comitted to Dover prison untill they pay it & fees of Court. 
Execution was forth with ^formed 

Rich: Com'ins Jn° ffabins & Richard Jackson being som'ons 
to serve on the Gran Jury & were legally called & not appearing 
are Sentenced to pay a fine of lo shill: a peece 

Rich: Com'ings came into Court & pleaded that he went at 
y request of Cap* Wiggins his worp to bring him to y" ordinary, 
& serving on the gran Jury the Court remits his fine of lo shills 

Jn° ffabins requesting the Court to take of his fine for that he 
was becalmed coming from the lies of sholes & could not get 
hether sooner being witnessed by others standing by the Court 
doth remit the same. 

At a Countie Court held in Portsmouth the 28 of June 1664 
p''sent the worp^' Dan'^ Gookin Cap* pendleton Cap* Walderne 
m"" Rich: Cutt m^ Edw: Hilton 

the 4 associates above'^ tooke their oathes. 

Gran Jury 

m'' Rich: Cumings Jn° Dam Jun' 

Walter Neale W"" ffurber 

Jn° Moses W'" Beard 

Jn° Lewis Tho: Lay ton 

Tho: Beard Jn° Lovering 

Rich: Yorke James Johnson 
Jn° Bickford Jun"" 

Jury of Trialls 

L* Ralfe Hall phill: Cromwell 

Nath'i Drake Henry Hobbs 

Jn° Sherburne Tho: Roberts 

W™ Gotten Leonard Weekes 

Rich: Slooper Jn° Hall 

Ens. Jn° Daviss Jn° Alt 

Sam: Haynes added in Cromwills cases 



NEW HAMPSHIRE COURT RECORDS 193 

Jer: Tibbit Constable of Dover for not making timely return 
of his warr*" is sentenced to pay a fine of six shillings S^ 

Jer: Tibbet making request to this Court to have his fine 
taken of pleading his Cannoo was taken away & som other ex- 
cuse, the Court grants his request & remits it 

Capt Brian pendleton came into Court, & Confest a Judgm* 
of an 115' due unto w" Seavy payable in English money for soe 
much borrowed upon joynt Stock betweene m'' payne & himselfe 
according to attachm* returned in Court 

M'' Jonathan Wade Cap* Brian pendleton m"" Rich: Cutt & 
Nath'i ffryer Administrato" to the Estate of w"" Urin deceased 
p' aga* Olliver ffox George Kelly Edw: Kock Thomas Garman 
James payne Simon Newcom & John Hoskins defn*« in an acc'on 
of the case for Illegall taking a way of fish belonging to y^ s** 
Estate 

Jury finds for the p' in Case ther Administra" be Legall 41' 
damages otherwise for the defend* cost of Court 

Court Judges Administrac'on Illegall defen*^ Cost 41 shill 

2 I 18 Qd 

Cap* Brian pendleton p' aga* George Walton dft in an acc'on of 
the Case for with holding the halfe of a debt of aboute 239' 10* 3** 
the whole being dew to y« S<^ pendleton & m' John payne boston 
the s^ half thereof being due to the s** Cap* pendleton is 119' 15* 
w*'' due damages 

Jury finds for the defend* 19^ io<^ Cost Court 

Cap* Brian Pendleton p' aga* M"" John payne deft in an acc'on 
of the case for with holding a percell of mony to the vallue of 
134' 4^ received of m'' ]n° Hull ^ order of m"" George parriss to 
send to y^ s'^ pendleton & due damages 

m'^ w™ Howard exhibitted to this Court a Ler. of Atturney 
und'' m' payns hand w'='' satisfied y*' Court w^^ is to be transcribed 
into y* Booke & returned him aga" 

Jury finds for the p' if m'' Hulls Evedence be according to 
Law one hundred 34' 4^ damages in New-England mony & cost 
of Court 28" 6'^ if not for the defend* 



194 NEW HAMPSHIRE COURT RECORDS 

The Court accepts the verdett Judging the Evedence of m'^ 
Hull Legall 

m' W"" Howard Attorney to m^ Jn" payne Appealed from 
this Sentence of Court to the Court of Assistance held at Boston, 
& s'^ Howard & George Walton doe acknowledg themselves to 
stand bound in 300' bond unto s^ pendleton to prosecute this 
appeal to effect (according to the Law of appeales) at the next 
Court of Assistants held at Boston 

W'" pitt p' aga* peter Glanfeild def* in an acc'on of the case 
for deniing of him of a part of a stage w"^ he built & Injoyed 
on Star Island : 

Jury finds for the defend* Cost of Court 12 shill & 2 shillings 
for writing his deed in this booke 

court order y* he have his deed a true coppie being taken 

Thomas Canny p^ ag* m' Richard Cording defend* in an acc'on 
of the case of acco* for with holding a debt of 4" ii« or there 
abouts 

The defend' Not appearing being Legally called The Court 
declaires the bond for his appearance is forfited 

M'" John Cutt p' against Ralfe Twamley defen* in an acc'on 
of the case for with holding of a debt of aboute 48' 4' due by 
booke to ball : 

Jury finds for the defen* Cost of Court 8* 

M' Richard Russell Assigne of Jn° Tod p' aga* Walt' Abbut 
defend* in an acc'on of the case for the forfiture of a bond of one 
hundred & tenn pownds for the paym* of 55' in mer* Codfish 

Jury finds for the p' the forfeiture of the bond of no' & cost 
of Court The Court orders concerning the bond that the de- 
fendant shall pay the p' 55' in fhsh as the bond specifies & lo-" 
damages & 30^ 6^^ cost otherwise to pay the whole forfiture 

m' Steven Chester p' aga* Walter Abbut def* for with holding 
20' in mer* refuse fish engaged to pay him for m' Rob* & Jn° payne 

Jury finds for the plan* 20' damages & 31' 6*' Cost 

Jn" Hunkins Administr' to the estate of Herculus Hunkins & 
in behalf of Ann Hunkins heir to s*^ Hercules p' aga* the Towne 



NEW HAMPSHIRE COURT RECORDS 195 

of Portsmouth in an acc'on of the case for with holding 50 accres 
of Land Granted s^ Herculus with drawen upon agreem* of re- 
fering the case to ^sons chosen to ended, & Court ord' there 
mony to be returned 

Jn° pickering p' ag' the Towne of Portsmouth def in an acc'on 
of the case for deteining grants of Land : referr^ to a hearing & 
cost of the acc'on remitted : 

James Johnson p' aga^ the towne of Portsmouth def* for de- 
teining 50 acres & halfe of Land : referred to a hearing & cost 
of the accon remitted 

James Johnson p' aga* the towne of Portsmouth def* in an 
acc'on of the case for 45 acres of Land granted him, referred to 
a hearing & cost of this acc'on forgiven : 

Hen: sherburne p' aga* the Towne of Portsmouth def*' in 2 
severall acc'ons of the case concerning grants of Land Referred to 
a hearing, & costs of the acc'ons remitted 

Richard Slooper p' ag* Tobias Langdon def' in an acc'on of the 
case for Impropriating his Land according to attachment, the 
Court remitted the cost of this acc'on upon condition y p' 
would withdraw, w^ accordingly he did: 

Cap* Richard Walderne for himselfe & Atturney to m"" Rich: 
Russell p' ag* phillip Cromell defn* in an acc'on of the case for 
the Non paym* of the 3 last yeares rent according to coven* 
for Belleings banks mill as ^ attachm* 

Jury finds for the p' 745' damages & cost of Court provided 
that the coven* be cleare for 12000 foote of mer* pyne boards by 
the yeere for every yeer during the terme of the coven* otherwise 
then they find 205' damages & Cost Court 

The Court understands the Coven* to be by the yeer yeerly & 
accept the verdict for 745' & cost of court 30 shills 6^ 

Andrew searle p' ag* Walter Abbut in behalfe of his wife in an 
acc'on of slander 

Jury finds for the p' if the process be Legall 5' damages & cost 
of Court otherwise for the defend* 

The Court Judges the process not Legall: 



196 NEW HAMPSHIRE COURT RECORDS 

Andrew Searle p^ ag* Walter Abbut def* in an acc'on of the 
case for a debt due to him by covenant 

Jury finds for the p' if the process be Legall 25' in money or 
dry fish damages & cost of Court i^ 11^ lO'' 

The Court Judges it Legall & accepts the verdict 

M' Thomas Wiggins p' ag* Ralph Hall def* in an acc'on of the 
case for a debt due to him by bill to y" vallue of 11 " & halfe of 
w* oake pipe staves 

Jury finds for the p^ 46' damages & i^ I2« 6"^ cost Court 

Ralfe Hall p' ag* m' Tho: wiggins in an acc'on of debt due by 
Booke — jury finds for the p' 29' 3^ 3*^ & i' 14* 5*^ cost of court 

Allexsand' Gordan p^ ag' Thomas Wiggins def* in an accon of 
debt of 91 

Jury finds for the p^ 9^ damages & i8» 5^* cost of Court 

M' Jn° Cutt p^ ag* philHp Cromwell def* in an accon of the 
Case for with holding of 59' 19' 3*^ in money & beaver bords & 
staves as ^ attachm* 

Jury finds for the p' 59' 15^ 9*^ damages & i' 8^ 6'* Cost 

Cap^ Thomas Clarke p^ ag* George Walton def* in an acc'on of 
the Case for breach of bond of 40' in not ^forming an award of 
251 io« 

Jury finds for the p' the bond forfeited 40' damages & cost of 
Court, the Court sees noe cause to Chancer it but allows the 
whole bond & cost i' 9« 2^ 

W"* Williams Jun"^ tooke oath of Constable for oyster Riv^ in 
the towne of Dover for the yeere ensuing 

This Court Impow" Cap* Waldren to give oath to the New 
Constable of Dover & if they shall refuse to take oath to fine them 
& the towne to chuse a New. Alsoe s^ Cap* is to give oath to y** 
jury of Inquest aboute the untimely death of Sum Lately deceased 

Edw: Row & David Daniell being bound over by the worp' 
Cap* Wiggins unto this Court to answ for Quarrelling Strikeing 
& provoking one a nother with unlawfull Instrum'^ Confest by s'* 
Row & Daniell, Sentence of Court is that Edw: Row shall pay a 
fine of 20« for striking & s^ Daniell io« & fees Court 5» 



NEW HAMPSHIRE COURT RECORDS 197 

L* pomfrey motioning to have his Licence renewed is granted 
paying fees 2* 6'' 

Tho: Trickie is granted the Renewail of his Licence 

Edward West of Portsmouth upon his request to have his 
Licence renewed. It is granted him 

Widow Webster desireing the Court to Renew her Licence the 
Court grants it her 

There being brought into this Court an Imperfict will of 
Thomas Hinckson of Portsmouth deceased This Court grants 
unto Martha Hinckson his Widow pow of Administrac'on to 
his estate, & enjoynes her to ^ forme the will though Imperfict 
according to y mind of the deceased, and if in case she marries 
againe to give sufficient securitie to the Court for the Childs p* 
menc'oned in the s*^ Will 

brought into Court at the same time by the s*^ widdow an 
Inventory of the estate amounting to 87' 9^ 3^^ unto w"*' she tooke 
her oath debts 6' 7* Star' owing 

W" King Late of lies of sholes deceasing w^^'out will this 
Court grants unto his sonn W*" King pow' of Administrac'on on 
the estate of s'* deceased 

And s'' W"* Administraf at the same time brought in an 
Inventory amounting to 21' 2^ unto w^ he tooke his oath 

W™ King aboves*^ Administraf being und' age the Court 
ord" him to chuse a gardian, accordingly the s^ W™ King chose 
Jn° Hunkins & the s'^ Hunkins is to give securitie to the associates 
& the Cleric of this Court that the estate shalbe forth coming to 
be disposed of as this Court shall se cause to ord' it, And Cap' 
pendleton binds himself unto this Court that s** Hunkins shall 
give securitie according to this ord"" 

Upon testimony given to this Court by Cap* Waldren that 
there was an agreem* made w**' jer: Tibbet for Keeping the prison 
by himself & Som of the bench at dover Court Last for 12' this 
yeer past, this Court confirmes & ord" it to be p*^ equally by the 
two towns of Dov & Portsmouth & a New agreem' to be made 
with him or some other for time to come by Cap* pendleton & 



198 NEW HAMPSHIRE COURT RECORDS 

Cap* Walderne y*' s"* Captaines have agreed w**' Jer: Tibbit for 
y yeere ensuing for 12': 

Thomas Stevenson of Oyster River dying without Legall will, 
this Court grants unto his sonn Joseph Stevenson pow of 
Administrac'on unto y^ estate of s^ deceased. The s** Joseph 
brought into Court an Inventory of the Estate amounting unto 
107' oi« 3^1 unto w'^'^ he tooke his oath, but being und' age Chose 
w™ fTollet for his guardian where accepted thereof & s"^ ffollett 
acknowledged himselfe to stand bound unto this Court or tress' 
thereof in the sume of 100' for paym* of the portions to rest of s"^ 
Joseph his brothers & sisters, when it is knowne w* it coms to, 
w^"" this Court ord" that it may be brought in unto the next 
Countie Court at Dover 

Nathaniell Hockaday Late of lies of sholes dying Intestate 
This Court grants unto John ffabins of starr Hand power of 
Administrac'on unto s*^ Hockadays estate for the use of his 
widdow & child, & s"^ fTabins is enjoyned to bring in an Inventory 
of y" s^ estate to any two of the associates & Cleric of this Court 
in six weekes time 

Jos: ffeild complaining to this Court that Cap* Barefoot had 
sommons him to this Court & noe acc'on entred ag* him he is 
allowed 7« attending whereof fees 12' 

Jn" Shackerly being bound over by the Court of Associates to 
answ for Living from his wife, This Cort ord" that he goe unto 
her in the first vessell that goes unto the Barbadoes after one 
month from this day or pay 20' & fees 

L* Ralfe Hall desireing that he might have pow"^ of Adminis 
trac'on to the estate of phillip ffoget is granted him 

Jn" Johnson of Portsmouth tooke oath to serve as Constable 
in s*^ Portsmouth for the yeer ensuing & untill a new be chosen & 
sworne 

L* Hall making a Compla* unto this Court that he was unpayd 
for his entertaining the Court at Dover the Last yeere, This 
Court orders that if the Constables of Dover have not returned 
the fines & rates they were to gather in unto the Tress' & that 



NEW HAMPSHIRE COURT RECORDS I99 

he have not enough in his [hand] to satisfie s'' Hall, the next 
Court of associates are to deale w**" the s** Constables according 
to Law for y neglect, & w* they fall short in the select men of 
Dov are forth with to make a Rate to satisfie s** hall 

This Court grants pow of Administrac'on unto James Mid- 
dleton to the Estate of m" Ludecas of dover dying intestate, he 
giving Securitie to the Court to be responsible for the estate that 
it may be disposed of according as the Court shall see Cause 

James Middleton acknowledgeth him selfe to stand bound in 
20' bond to be responsall for the estate as ^ the Courts ord' 
above recited 

James Middleton brought in an Inventory of the estate 
amounting unto . . . & w' more shall appeare he promises to 
bring it in to be added 

Olliver Wingett Late of lies of sholes dying intestate This 
Court grants unto Edw: Holland in behalfe of s<* Wingets Wid- 
dow pow of Administrac'on unto his estate, & s'^ Edw: Holland 
& Jn° Sanburne of Hampton doe bind themselves unto the 
Tress' of This towne to administer according to Law in the sume 
of 120' & that Y" estate shall be desposed according to the 
Legallitie thereof 

Olliver Winget Administraf viz*^ Edw: Holland brought into 
Court an Inventory of the Estate amounting unto 60' ii« 2*^ 
unto w"** he tooke his oath 

Cap* pendleton requesting to have a former Licence renewed 
of selling stro' waters by retaile, is granted him 

Otho Tuckerman dying intestate, this Court grants unto his 
Widdow Eme Tuckerman pow of Administrac'on to his Estate, 
& Leaves it in her hand untill she shall marry againe, & then 
bond is to be given unto this Court for the securing the childrens 
portions out of it 

Inventory brought into Court amounting to 86' 6^ 3^' unto 
W** the widow tooke her oath & promised that if there did any 
more appear she would bring it in that it might be added : 

upon Compl*^ of ffrancis Drake unto this Court y' he was much 



200 NEW HAMPSHIRE COURT RECORDS 

Injured by many high wayes Layd through his Land more of 
privat use then otherwise whereby his Land was separated into 
percells: & his charge of fencing increased besides other Incon- 
veniency This Court ord" that the select men of Portsmouth 
shall forth with Regulate the same according to y^ Law to the 
high wayes fo: 37: Sec: 2'^: 

Jn° Moss Constable of Portsmouth being complained of unto 
this Court by Cap* pendleton for the Neglect of his dutie in 
Executing his office upon a Quaker Confest by him, This Court 
Sentence him to pay a fine of 40 shill : & ffees Court 

Upon the humble request of s*^ Moss to have his fine remited, 
this Court grants this favor that the Execution of his fine shalbe 
suspended untill the next Court held at Dover & then & there 
to bring in his ace* of Expence of time aboute the publique 
serviss w^ he complaines of the burden of w^ shalbe allowd him 
out of his fine. 

Cap* Waldren m' Jn° Cutt m' Richard Cut M"- Nath: ffryer 
motioning to this Court to have a Licence to sell strong waters 
by retaile w"^ is granted them the Libertie to retaile the same 
to their fishermen & servants 

phillip chestly being p'sented for beating of Thomas Doutie, 
w^ upon Exammynac'on the Court finds them both guiltie 
both of fighting & Abuseing one a nother Sentence them to 
pay a fine of 40^ a pecce & to be bound in a bond of 20' a peece 
w**" sufficient sureties to be peaseable to all men & one towards 
a nother untill next Court held at Dover & pay fees of Court 

phillip Chestly & cap* Brian pendleton doe hereby acknowledg 
to owe & stand indebted unto the Tress'' of the towne of ports- 
mouth the true sume of 20' well & truly to be p'* by them their 
heirs & Executors 

The Condicon of this Recognizance is such that if the above 
bounden phillp chesly shall cary it peacably towards all men & 
towards Tho : Doutie & appearc at the next Countie Court held 
at Dover that then this Recognizance shalbe voyd & of none 
efect otherwise to stand in full force pow"^ & vertue 



NEW HAMPSHIRE COURT RECORDS 20I 

Thomas Doutie & Jn" Winget doth acknowledg to owe & 
stand indebted unto y" tress"^ of the town of Portsmouth the 
true sum of 20' to be p'^ by them their heirs & Executors 

The Condicon of this obligac'on is such that if the s'^ Thomas 
Doute doe carie it peaceably towards all men & in special! to- 
wards ph : chesly & shall appeare at next Countie Court held at 
Dover then this obligac'on to be voyd & of none efect otherwise 
to stand in full force pow & vertue 

Tho: Doutie p'^sented for being in drinke proved by the Con- 
stable — sentence of Court to pay a fine of 3* 4^^ & fees of 
Court 

Abraham Corbit of Portsmouth being p^'sented by a Certificate 
unci' the hand of y" Constab as chosen by the s'* towne for Cleric 
of the writts the Court refused to allow him, because there was 
a sufficient person already Established in the s^ office, but es- 
pecially because the s^ Corbitt had presumed to Issue forth 
sundry warr« in his Ma**"'^ Name before he was p'^sented for al- 
lowance, whereby severall persons were som'oned & attached, 
who complained to this Court of the Illegallitie thereof, where- 
upon the Court sent for y^ s'^ Corbitt, whoe acknowledged 
he had Issued forth such warr*% & being required to give Reason 
for his soe acting, his answ' was that he was urged thereunto by 
some of the Towne, because y" old Cleric of y« writts was absent 
at that time at Salem & had been soe a Considerable time, w^'' 
Answ^ being not satisfactory to y« Court, & considering the 
Nature of his offence that any privat person without Legall 
authoritie should presume to put forth writts in his ma''*^^ 
Name, whereby the officers were ensnared, the persons & goods 
of his ma*'«^ subjects Illegally attached, & y'' authoritie of his 
ma*'« & the Countrey abused. The Court doe Judg meete to 
bind over the s'^ Corbit to answ for his offence at the next ses- 
sion of the Gen^' Court in October & doe ord'" that he give one 
hundred pownd bond, with sufficient sureties for his personal! 
appearance accordingly & to abide the ord'' of the s^ Court, & 
the Cleric of this Court is ordered carefully to transmit all the 



202 NEW HAMPSHIRE COURT RECORDS 

writings concerning this case unto the secretary together with 
a Coppie of this ord'' in some convenient time before the s*^ 
Court 

Abraham Corbit James Johnson & Jn" pickering all of portsm" 
doe acknowledg themselves to stand bound unto the Tresur"" 
of this Countie viz* the Massatusets Collony, in the true sume of 
one hundred pownd ster', well & truly to be p^ by them their 
heires Executors & Administrators 

The Condic'on of this Recognizance is such that if the aboves'^ 
Abraham Corbit doe make his personall appearance at the next 
Sessions of y gener" Court holden in Boston in Octob' next 
ensueing to answ^ his offence abovs^^, & abide the ord' of the 
Court & not depart w*^out Licence, that then this Recognizance 
to be voyd & of none effect, otherwise to stand in full force 
pow"^ & vertue. 

phillip Chestly volluntarly coming into Court & Informed 
that m'' Corbet sould him as much strong water as cost him I2« & 
that he gave his wife y mony — the further inquirie thereinto 
& dealling aboute is Left to the associates to heare & punish 
the offending ^tie according to Law: 

The Last will & testam* of Jn° Martin Brought into Court & 
proved by m' Joshua Moodey who tooke oath there unto: 

Cap* Walderne Informing this Court that Clem* Ralfe confest 
to him that he had sould or trucked w**> the Indianns two gall: 
of Liquor, & s"^ Ralfe owning in Court that he had sould or given 
them one quart the Court sentence him to pay a fine of lo' & 
fees. Cap* Waldernes testimoney is upon file 

phillip Chestly moving this Court to grant him cost for his 
attending this Court & Imprisonm* 9 dayes w'' he deposed in 
Court through the Illegall Issuing forth of warrant by m"" Abra' 
Corbit this Court Leaves him to seeke his recompence & damage 
from the Constable that did arest him & s** Corbitt who Con- 
trary to Law Issued forth such warrants 

Upon Compl* of Wahanamanet Sagam' of piscattaqua that 
he is mollested by Sume Englishmen in his Lawfull employm* of 



NEW HAMPSHIRE COURT RECORDS 203 

fishing in the Rivers, Coves & other places, & his Cannooes taken 
from him, & his people contrary to Lawes & liberties allowed 
to every Inhabitant, title Libertis Como' pa: 50 

It is therefore ordered by this Court that noe Inhabitant 
w'ever shall mollest y s** Sagamo"" or any of his people in there 
Lawfull Imploym'% & if any shall doe contrary hereunto, upon 
his compla* to the Associates they are desired to give him releif 
according to Justice 

George Walton being p'^sented for digging & spoyling the high 
way whereby people are in danger of theire Lives The Court 
orders him to mend it within a month or pay a fine of 5' & fees 
Court 

p'"sentments 

Joseph Atkeson p'"sented for fighting w'^ Thomas Darmon, 
confest, The Court sentence him to have an admonition it being 
the first time, w^ he had: & fees 

Jn" Shackerly p'^sented for swearing severall times Sentence 
of Court to pay fine of 20« & fTees: 

Jeffery Currier & Edw: Oney p-'nted for being drunk & abusing 
the Constable & saileing on the L''^ day Sentence to pay lo' 
a peece fine & ffees Court 

John Tanner & Xtoph' Banfeild for Excessive drinking & 
fighting, sentence to pay a fine of 3^ 4*^ a peece: & fees of Court 

The Towne of Portsmouth for not having a p'^ of stockes. It 
appearing to this Court that there were stockes but were Lately 
broken by Seamen, the Court ord" that they shalbe forth with 
mended or the towne to be fined, & pay fees of Court 

George Walton for not coming to y" meeting for severall 
monthes, the Court finds 12 dayes Neglect Sentence to pay 3' 
fine & fees: 

This Court grants pow' of Administrac'on to the estate of 
W™ IJnn deceased unto m"" Jonathan Wade Cap* pendleton 
m' Rich: Cutt & m'' Nath ffryer: who brought in an Inventory 
amounting unto 433' 12 8: 

The Commisso" or associates of Portsmouth are to give the 



204 NEW HAMPSHIRE COURT RECORDS 

new Constables their oath & if they shall refuse to fine them & 
the towne to chuse againe 

Whereas there are some differences betweene sundry Inhabi- 
tants of the Towne of Portsmouth & y* s** Towne concerning 
grants of Lands within y^ s'^ Towne, w'''' hath occasioned the 
entrie of severall actions in the p'^sent Court held at Portsmouth 
by John Hunkins John pickering James Johnson m"" Hen: 
sherburne p^^ aga* the Towne def* W^ acc'ons with divers of 
Like nature that hereafter may be com'enced are Like in all 
probabillitie to worke great disquiet & desention in y^ s'^ place 
to y dishon"" of God & y" greefe of good men, should they be 
Receded in, w"*" acc'ons alsoe seeme to be intangled & obstructed 
by the interest of parties Impleading & impleaded as well as the 
greatest part of the Jurours Inhabitants of the towne afores"^ 
The Considerac'on of y^ p'mises moved the Court to perswade 
all ^sons concerned to refer the afores"^ differences to sum 
Judicious & un Interested persons for a full & finall determyna- 
c'on, w'''' motion the ^ties above menc'oned on the one ^*^ 
& sume of the Selectmen together w**" Elias Stileman Atturney 
for the s*^ select men in behalfe of the towne Consenting there- 
unto in behalfe of the s'^ Towne and Nomynating persons here- 
after Named. This Court doth therefore ord"^ & Appoynt with 
the consent of the aboves"^ parties that m^ Tho: Broughton 
Cap* Robert pike & Cap* w" Gerrish to be a Com'itte to heare 
& determyn all matters & things touching all former grants tS: 
devidents of Lands heretofore granted, And w*ever any two of 
them shall agree conclude & declaire und"^ theire hands as theire 
determynac'on in the premisses (provided the same be done 
before the Last day of septemb: Next) It shall be binding & 
conclusive to all intents & porposes unto all persons concerned 
therein 

Whereas there hath been & Still are differences between the 
Inhabitants of the towne of Dover & Oyster River concerning 



NEW HAMPSHIRE COURT RECORDS 205 

accompts aboute the Ministrey & sundry things referring there- 
unto, w'' ffor the full Issuing & settlem^ of the same, This 
Court made a motion to w"" ffollett Thomas fTootman, Rob' 
Burnam & John Goddard for themselves & in behalfe of the 
rest of the Inhabitants of oyster River, & Cap* Walderne in the 
behalfe of the Towne of Dover, to refer the same to a hearing 
determynac'on & full settlem* unto m^ Thomas Broughton, 
Cap* pike & Cap* Gerrish, & that w* any Two of them should 
agree & declare und' theire hands touching the premisses, all 
persons concerned therein should aquiess & rest sattisfied In: 
provided this be done at or by the sixt day of October next 
ensuing, unto w'** motion of the Court the abovs*^ fTollett, fToot- 
man Burnam and Goddard for themselves & in behalfe of the 
rest of the Inhabitants of Oyster River, & Cap* Richard Waldren 
in behalfe of the Towne of Dover in the p'"nts of this Court did 
engage themselves each to other to stand unto : 

The Court allowes those that gave attendance upon the 
majgestrats at Wat' Abbutts io« & to Jn" Jones for his attend- 
ance 6« — Alsoe allowes M 'shal way t 40^ to be allowed by the 
Tress' for his attendance on y worp" Cap* Gookin 

At a Meeting of two of the Associates & Cleric of the Countie 
Court the 16*^ of Janua' 1664 

Cap* pendleton L* Ric: Cutt Elias Stileman Cleric 
Thomas prichard of Barnstable in old England dying at Sea 
Intestate, It is granted unto m"" George Monjoy pow' of Ad- 
ministrac'on to his Estate whoe is Enjoynd to bring in to y*' 
Next Countie Court held at Dover or portsm" a true Inventory 
of his the s"^ prichards Estate. 

At a Countie Court held in Dover y^ 27° June 1665 

p'sent M' Simonds m' Th: Danforth Cap* Brya: pendleton 

Cap* Walderne Cap* pike L* Rich Cutt m' Jn° Cutt associats 

sworne 



206 NEW HAMPSHIRE COURT RECORDS 

The Jury of Trialls 

Deacon Jn° Hall Steven Jones 

Antho: Nutter phillip Lewis 

Jn" Martin Georg Wollis 

Jn« Roberts Marke Hunkin 

Tho: Nock Sam: Haynes 

Jn" Woodman Xtop' Banfeild 

Cap* Rich: Lockwood p' aga* Tobias Leare defd* in an acc'on 
of y^ case for not delivering s*^ Ric: Lockwood in New-England a 
^cell of Goods as ^ bill of Lading: 

Jury finds for y Defen* Costs of Court 

Jn° Webster p' ag* m"^ Richard Cutt defn* in an accon of the 
case for deteining a Mortgage made to Nicholas ffrost by s*^ 
Jn° Webster & father to the s^ John somtime since 

Jury finds for the defend* Cost of Court 

M' Natha'^ ffryer p' aga* Hudson Leverit defen* in an accon 
of the case for non paym* of Six pownds to Henry Shrimton 
according to engagem* 

m"" Leverit not appearing Edw: West his securite appeared 
for him 

Jury finds for y p^ 6' mony according to engagem* & lo* more 
for forbearance in other pay & cost of court 19^ 

Jn° Odiorne p' aga* Tho: Seavy def* in an acc'on of the case 
for ffelling & carying a way his timber trees 

The p' not appearing being Legally called the def* is granted 
his costs 4« 6*^ 

Jn° pickering p' against Richard Hill Defen* in an acc'on of 
the case for trespass by shuting with a Gunn a horse & a Mare 
of s^ pickerings w'^'' hath occasioned theire death — 

Jury finds 18 pownds damages & i^ 18" 2^ Cost Court 

Cap* Walter Barefoote p' aga* Rich: Lockwood def* in an 
acc'on of the case for disposing of his goods contrary to ord' 

Jury finds for y« defen* 4 shillings cost 

Cap* waiter Barefoote p' aga* Rich: Lockwood defen* in an 



NEW HAMPSHIRE COURT RECORDS 207 

acc'on of the case for not giving him an acco^ of a voyage to y" 
west Indies in y vcssell called Walter & Deborah: 

the acco'* depending in this acc'on w''' consent of ^ties were 
reffered to m"^ Vaughan & m'' ffryer to Audit y p' with draws 
his acc'on & court allows y def* 23* 

Cap* waiter Barefoot p' ag* Sam: Workman def* in an acc'on 
of y* case upon acco* to y" vallue of 35' or thereabouts to be p'* 
in fish & money to y" s'' Barefoot 

Jury finds for the p' 16' damages: cost Court 

The Court doth not concur with the Jury in this Verdict 

M' Nath : ffryer p' ag* Cap* Edw. Blagg def in an accon of the 
case for 12' p'^ him 

Jury finds for y" defend* Cost court 

Thomas Beard p' ag* Rich: Allison def* in an acc'on of debt of 
4' I2« 4'* due by booke. 

Jury finds for the p' 4' 12'' 4*^ damags & cost 20^ 3*^ 

Jn" Bray p' aga* Cap* Miles piles in an acc'on of debt for 
worke about his shipp 

The p' & defend* being both of the Counte of yorke this acc'on 
could not ^ceed here 

M' Wm Vaughan p' aga* Cap* ffran: Champernown def* in an 
acc'on of debt due by bill to y^ vallue of 45' 17^ lo*^ in specie 
according to bill, viz* 15' in fish & the rest in red oake pipe staves 
at 3^ io« ^ M & io« forbearance & cost court 29* — 

Peter Glanfield p' ag* Jn° More def* in an acc'on of defamac'on 
for saing he was an old cheating Rogue & that he had stolen a yard 
& half of cloth out of his s^ Jn° Mores cape & y* he would prove it 

Jury finds for the p' 2^ damage & cost of court 41 « 8'' 

Cap* Brian Pendleton p' ag* Eld' W™ Wintworth in an acc'on 
of the case for detining writings of his withdrawen 

Cap* Brian pendleton p' ag* Eld' W™ Wentworth in an acc'on 
of debt upon acco* of no' mony withdrawen 

Cap* Walter Barefoot p' ag* Tho: Canny def* in an acc'on of 
the case for a debt due by book to y*' vallue of 6' 7« 6^ 

Jury finds for the p' 4' 5^ & cost 16' 



208 NEW HAMPSHIRE COURT RECORDS 

Jn° Robberts p' in behalfe of y Towne of Dov against Ric: 
Allisson defen* in an acc'on of y^ Case for not giving security to 
the s'^ Towne of Dover from being charged w**" ffrancis Lashly & 
the child she goes withall as being supposed upon Good proba- 
bilHte to be his s'^ AlHson 

Jury finds for y" p' 20' dam: & cost i' 8« 6*^ 

Jn° More p' ag* Gregory Vittery defn* in an accon of 
Sland' for abusing his wife by severall slanderous words & 
threttnings : 

Jury find for y p' 2*^ damags 36^ lo"^ cost 

George Walton p' ag* Will Drew defen* in an accon of the case 
upon acco* of a ffishing voyage for not delivering y s'* George 
Walton his share of a fishing voyage w'*" the oyle the s'' Drew 
being m"^: 

Jury finds for y defend* Cost of Court i' 4^ o^' 

phillip Lewis p' aga* Edward Erring def* in an accon of Ap- 
peale 

Jn° Sherburne & Robert Elliot p'^ against Ric: Allisson def' 
in an acc'on of the case for better securite for 40 od pownds they 
stand Engaged to pay Cap* pendleton for y s*^ Allisson 

Jury finds for the p'^ 42' damages & Cost of Court i:i8: 10 

Jn° Moses Came into Court & confest a Judgm* of 6 pownds 
6« due to Georg Walton. 

Jn° Averill came into Court & confest a Judgm* of 8* 13^ 11^ 
due unto m"^ Nath" ffryer in white oake pipe staves at 4' ^ M : 

S'^ Jn° Averill acknowledged a Judgm* of 5' 19^ o"^ due to m"^ 
Nath ffryer in 3200 of m''* pine square Edged boards: 

Tobias Langdon of portsm" Dying intestate This Court grants 
pow of Administrac'on unto his Widdow Elizabeth Landon 
unto his s^ Estate, who at the same time brought into Court an 
Inventory of the Estate amounting unto 383: 9* o*^ The w"** 
Sum the Court ord" that the Widow shall have ^ p* of the 
house & Land during her life the other ^'^^ the Eldest of s'' 
Langdon sonns to have a double portion out of it at the age of 21 
yeers, w"** then is to be apprised, the remander to be distributed 



NEW HAMPSHIRE COURT RECORDS 2O9 

among the rest of the children at the age of i8 yeeres. And all 
the movables to remaine in y« hands of y^ widow for the bringing 
up his s*^ children, & after the decease of the sayd Widow her Y^ 
p' of house & Land in the vallue thereof to be devided among all 
his s'' children the Eldest son paying the rest theire parts out of it 
& soc to have the s'* Yi of house «& Land : 

upon further considerac'on the court respitts this as there de- 
termynation untill they take further ord' aboute the better 
settlem* thereof afterwards referred to the Court of associats to 
ord' 

M' Richard Cutt AL Hen: Sherburn Elias Stileman being 
chosen by the Town of portsm" Comisso" for s*^ Towne tooke 
theire oathes 

M' W™ Bartholomew in the behalfe of Henry Douglas of 
Boston defen* aga* Cap* Barefoot in two acc'ons & s*^ Barefoot 
not entring his acc'ons this Court allowes s^ Douglas 24 shillings 
for his attendance to answ' 

This Court allowes Ralfe Twamly for his attendance to answ^ 
To m' Jn° Cutt & he not entring his acc'on 6« 6'^ 

Jn" ffrye Servant to James Johnson being com'itted to prison 
by Cap* pendleton untill this Court for assalting of his Dame 
by night in her bed, & giving of her divers blowes w"*" had al- 
most cost her her life as it appeares unto this Court both by his 
Examynation & testimony. This Court sentences him to be forth 
with whipped to the Number of 30 Lashes by the Constable, 
And for 5 monthes Loss of time his s<^ master hath sustained 
during his Imprisonment & charges for his Carrying to prison 
«& other wayes disburst by his s*^ master the Court further orders 
that the s'* servant shall serve his sayd m' or his assignes 12 
monthes more then the time menc'oned in his Indenture. 

The Jury of inquest verdict concerning the untimely deathes 
of W"* Shipton Rob* Tuck Joseph Roberts Rebecca Johnson 
brought into Court & remaines upon file 

Upon a Compla* made by severall masters of vinges on Star 
Hand against Widow Urin James Way mouth Roger Kelly Jn" 



2IO NEW HAMPSHIRE COURT RECORDS 

More & siprus Clary for selling of beare & Liquo" upon s'* 
Hand without Licence whereby theire men were hindered in 
following theire busines & was owned by them all except Jn° 
More who was not at Court to make his answ This Court Sen- 
tence is That Widow Urin who having Libertie by the Comisso" 
there to sell in time of waying fish yet had exceeded y time 
Limited that she have an admonition & pay Tho: Sevy lo' & 
fies 2^ 6'^ Jn° More to pay fine of 5' w"^ is respetted till Associat 
Court that if he can take it of y" Rog'' Kelly to pay 5' & fees 
Ciprus Harvy to pay fine 5' & James Way mouth 5' & fees 

James Waymouth petitioning this Court to remitt his fine 
for selling bear & Liquo" with out Licence This Court respeteth 
his s'^ fine untill the next Court at Dov or portsm" he paying 
Tho: Sevy y" Constable 10^ for his paines & 2' 6'* fees: 

Tho: Seavy is allowed 20« to be p^ by Widow Urin & James 
Waymouth viz io« a peece for his panes to fetch them to this 
Court 

Jn° Lovering tooke oath of Constable for Dover for the yeere 
ensuing untill a Nother be chose & sworne 

Jn° Tanner is allowed by this Court 4 shillings for his attend- 
ance at this Court to answ peter Abbett who Som'ons him & did 
not enter his acc'on 

Jn° Lewis is allowed by this Court 8^ for his attenda' upon 
W" Marston y* attached him & did not enter his acc'on aga* him 

W"" Broade of portsm" dying instestate this Court grants unto 
his son W'" Broad pow' to Administer on the estate of his s** 
father & enjoyns him to bring in to y next Countie Court held 
at Dover or portsm° an Inventory of the estate 

Cap' Barefoot being demanded oath & upon his oath to give 
in evedence w*^ he Knew concerning the breaking up the prison 
this Last night himselfe & Lazarus purman were prison" therein 
for present refuseth, afterward tooke his oath & upon his oath 
affirmed that he did not Know nor see any other man breake 
up the prison but Lazarus purman that was then In the prison 
with himselfe. 

The Towne of Dover is ordered by this Court to chuse a nother 



NEW HAMPSHIRE COURT RECORDS 211 

Constable in the roome of Ens: Jn° Davis y Court being not 
willing he should Lay by his place of an Ensign for p'sent 

Constables of Dov are to take there oathes before Cap' 
Waldern & the Constables of portsm" before any of the asso- 
ciats or Com'isson" of s'^ portsm": 

M"" Richard Cutt being chosen by the Towne of portsm" to be 
theire Tressu'' & p'"sented to this Court is Confirmed in his s*^ 
office Likewise peter Coffin for Dov being by them chosen for 
their tres"" is confirmed in his s'^ office 

The Estate of Thomas Johnson of Oyster River deceased not 
having any heire making clame thereunto is Comitted to the 
use of the Towne of Dover according unto the Law title eschates 
pa: 28, & this Court further orders that the Administrato" to 
y" s** estate deliver it unto the select men of the s'^ Towne & a 
Com'itte be appoynted to audit y s*^ Administrate acco* 

The Com'itte agreed upon & then chosen were Cap*^ Rich: 
Waldern Deacon Jn" Hall & m' pef Coffin 

Jn° Roberts is by this Court chosen Marshall for the two 
townes of Dov & portsm" who tooke his oath & is to be allowed 
5' ^ an'm 

This Court being informed that there is a failing of y Admin- 
istro" to m^ Edw: Lyds Estate by Reason of the death of one 
of them & the neglect of a nother doe se it meet that m'' Richard 
Stileman that was one of them should & may act from time to 
time in & aboute the s** Estate by himselfe alone as all or any 
two of them might have done untill the Court shall take further 
ord"" thereaboute 

p''sentments 

Ann the wife of patrick Denmarke, and Ann the wife of W" 
pitman for fighting & scuffling & Raling on against another being 
owned them are sentenced to set in the stockes one houre both 
of them with a paper pined on their brests with their faults 
written therein in Capitall Letters on sum publique day, Cap' 
Walden to se the execution of this sentence performed & pay 
fees court 2" 6*^ apeece 

Witness Mary Williams Elizabeth williams 



212 NEW HAMPSHIRE COURT RECORDS 

Ann y^ wife of patrick Denmark for fighting & Scuffling with 
phillip chesley two severall times owned & proved : sentence of 
Court is to be whiped to the number of 5 stripes or pay a fine 
of io« & fees 2« 6<i 

This Court being informed by the Constable of oister River 
that WilHam pitman was distempered with drinke & for abusing 
patrick Denmarkes wife & causing strife proved Sentence to pay 
a fine of 8« 4^^ & fees 2^ 6^ 

phillip Chesley being bound in a bond of 20' at the Last court 
held at portsm° & to appear at this Court to take of his bond of 
20' in Keeping the peace, between w"*' two sayd Courts this 
Court being informed that s^ chesly hath been fighting & 
Scuffelling with patrick Denmarkes wife This Court Judg him 
to have broken his bond & it further appearing by sufficient 
proof that s^ chesley hath broken the Law by swearing and 
Cursing severall times sentence him to pay a fine of 20« & fees 
30^ & forth with to pay 50^ of y forfiture of his bond, & the rest 
respetted untill next Court held at portsm" : 

The Names of such as came into Court to Renew their Licence 
& is granted to them 

M' Jn° Cutt Edw: West 

M^ Rich: Cutt waiter Abbet 

M' Nath: ffryer m' James pendleton 

Cap* Waldern Widow Webster 
Tho: Trickie 

William Williams of oyster river Constable is allowed for his 
trouble aboute pitman & Denmarks wife 4 shill to be p*^ by them 
2* a peece 

Thomas Canny p'"sented for being drunke, confest in court 
sentence to pay a fine of 20^ being convicted of a former offence 
in Like Kind: & ffees: 

M' peter Coffin desired this Court that he might have a Li- 
cence to retale strong Liqu"" unto those he doth Imploy is 
granted him 



NEW HAMPSHIRE COURT RECORDS • 2I3 

L' pomfrey is granted by this Court Libertie to Keepe a house 
of com'on entertainm*^ & to sell wine & Liquor in house. 

Tho: Beard is allowed Libertie of putting of w^ wine & strong 
Liquor he hath in his hand untill the next Court of associates: 

Steeven Jones being chosen to y" office of a Culler of pipe 
staves In Dover tooke that oath: 

Jeremiah Tibbet is continewed as prison Keeper for this yeer 
ensuing & to be allowed the same Sallery as formerly : 

The p'^sentments not ended at this Court are referred to the 
Court of Associates to hear & determin 

The towne of portsm° are to chuse a nother comisson'' for the 
great Hand to ad to the 3 already chosen & the comisso" to give 
him his oath 

At a Countie Court held in portsm° 26 June 66 
p'sent worp" ffra' Willoughby Dep* Gov maj'"" Gen. Leverett 
Cap* Walden m^ Ric: Cutt M' Jn° Cutt Cap* pike Elias Stile- 
man associate 

The Gran Jury for y yeer past 

Job elements An° Brackett 

Jn° Meader Edward Clarke 

Jn° Heard Jn° Jackson sen' 

Jn° Bickford sen' Jn° Woodman 

Jn° Hill Tho: Jackson 

Leon<i Weekes Jn° Kettle 
Tho: Wiggin 

Gran Jury for next yeer 

M' Rich: Martin Serg< Jn° Hall 

Jn° Jackson sen'" Thom: Willy 

An° Brackett Jn° Alt 

Tho: Jackson Rich Row 

Edw: Clarke Deacon Jn° Hall 

Leon 'i Weekes Tho: Beard 

Jn° Kettle An° Newcom 
all tooke oath 



214 NEW HAMPSHIRE COURT RECORDS 

Jury of Trialls 

L* pef Coffin Rich : Stileman 

Wat' Neale Ens Jn° Davis 

Rich : Slooper Tho : Roberts 

W"" Gotten Jn° Screven 

Jn" Bruester Jn° Martin 

Jn" Sherburne phill: Lewis 

W"" ffurber aded in 3 acc'ons of Cap* pendleton 

Edw : Clarke fined 20^ for not attending when Called to serve 
on the Gran Jury & upon his request to the Court to have it 
taken of being willing to serve It is remitted 

Jn" Moses fined 13^ 4^ for not appearing to serve on y Jury of 
Trialls & pleading his hindred by wind and weather at the lies 
of sholes : the Court saw cause & did remit it 

Thomas ffootman being chosen & som'ons to serve on the Jury 
of trialls & Not appearing being Legally Called is fined 13^ 4*^ 

L* pumfrey is Granted y Renuall of his Licence for retayling 
Strong water as formerly it have been Granted him 

Danniell Gooding p' ag* peter Abbet def* in an acc'on of y 
Case for the forfiture of a bond of 7' 14^ 

Jury finds for y p' 7^ 14* damages & Cost Court the Court 
Chancered the bond and allow the p' 3' 17^ & Cost i8« 6'* 

Allexsand"^ Waldren p' aga* Tho: Nock def* in an acc'on of y* 
case of trespass for Improving his Land without ord"" & Illegall 
deteining his house & appurtenances thereto belonging as ^ 
attachm* 

Jury finds for y p' 12 peence damage & Cost i' 4* 6^ 

M"" Rich: Cutt p' ag* Benja: Hull in an acc'on of debt for w' 
may appeare Justly due by Booke 

Jury finds for y« p' 10' i6» i** damages & 17" 6'' cost 

Cap* ffranc: Champernowne p' aga* m' Thomas Kellond def* 
in an acc'on of the case for keeping & unjustly deteining of a 
^cell of writings w"^ concernes y Land of the Cap' champer- 
nownes scituate neer the River of piscattaqua 



NEW HAMPSHIRE COURT RECORDS 215 

The ^ties both Living without the Jurisdic'on of this Countie 
y p' Nonsuted & the def* allowed 28' cost 

Cap* ffran. Champernowne p' ag' Sam. Haynes & Leonard 
Weekes def*« in an acc'on of trespas upon y"^ Case for medling 
with & Improveing his Land at Greenland with out his consent, 
withdrawen & the def'^ are allowed Costs 12^ o** 

Cap*^ Champernowne p' ag' Jn° Kenneston def* in an acc'on 
of trespas on y^ case for medling with & Improveing his Land at 
Greenland with out his Consent with drawen the defen* is al- 
lowed 2« cost 

Edw: Calcord p' ag* phillip chesley def' in an accon of the 
case for false swearing at Hampton Court in octo"^ 1664 to vindi- 
cate Cap' Wiggin in an unjust cause whereby the sd Edwa: 
Colcord was dampnified 200' 

Jury finds for y" defend* Cost of Court 6« 

ffrancis Drake p^ ag* Sam" Haynes defen* in an acc'on of 
trespas upon y" Case for carrying away his timber & attempting 
y* cutting downe his barne & spoyling his feence. with drawen : 
afterward by Consent of ^ties this case came to a hearing at 
the p' request the Court forgave the second entry money: 

Jury finds for y« defn* Cost of Court i' i« c* 

Edward Colcord p' ag* W"* fTurber as Administra' unto 
Thomas Johnson in an acc'on of y^ case for debt due to him to 
y valine of 25' for Land sould y^ s*^ Johnson: 

Jury finds for y defen* Cost of Court 

Allexsand' Waldren p' aga* Tho: Nock def* in an acc'on of y^ 
case for breach of Coven* to y valine of Twentie pownds for 
non ^formance of a Coven* in reference to house & Land mt"^ 
should have been delivered to him such a m° else to pay 10': 
withdrawen: y«= defen* is allowed io« cost: 

Jn° Amenseene p' ag* Tho: Walford & m"" Hen: Sherburn de- 
fen*' in an acc'on of y^ case for deteining Mary his wife her y^ of 
house & Land given her by her former husband Jer: Walford 

Jury finds for y« p' ^ of house & Land to be delivered him 
in 20 dayes after this date or 45' damage & Cost of Court i8« 6<* 



2l6 NEW HAMPSHIRE COURT RECORDS 

George Walton p^ ag' m'^ Jn° Cutt m' Rich: Cutt & Hen: sea- 
ward def*« in an acc'on of the case concerning the forfiture of a 
bond of 1 6' for the s^ Seawards appearance at a Comisson Court 
some yeers past w*^ he failed to doe 

Jury finds for y^ p' the bond forfited being i6' & cost of Court 

The Chancering of the bond is referred to y Court of associ- 
ates and Geo: Walton is to have a som'ons to appear then to 
pleade the merritt of his case for Just damage: 

Tho: Seavy p' ag* John Odiorne in an acc'on of appeale from 
the Court of Associates held in portsm" y ig**" of y^ io*'> m° 1665 
in an acc'on of trespas upon the case for cutting & carrying away 
timber of his Land 

Jury finds for y*^ defend* the confirmac'on of the former Judgm' 
& cost of court 2' 2^ 4^* w'' includes the cost at y^ associate 
court : 

Jn° Cutt p' ag* Ralph Twamley def* in an acc'on of debt upon 
acco* there being a defect in the attachm* the p* withdrawes his 
acc'on 

Antho: Ellens p^ ag* Edw: Clarke def* in an acc'on of the case 
for Letting a serv* of phill : Lewis escape being und' his Costodie 
as a prison-" according to attachm* Jury finds for y" p' io« in 
mony damage & Cost of Court i ^ 5^ 6-^ 

Cap* Brian pendleton p^ ag' m"^ Jn° payne def* in an acc'on 
of the case for better securitie to save him harmless from y^ 
worp'' m' Brodstreete concerning a ^cell of salt the s*^ payne 
stands engaged to his sd worp: for him y p' & defen* being 
neither of them dwellers in this Countie y p' was nonsuted «& 
y" def* is granted i6« cost 

M"" James pendleton agent & Attorney to Cap* Brian pendle- 
ton p' ag* Eld"" W™ Wentworth def* in an acc'on of the Case 
concerning the forfeiture of a bond in not standing to an award 
made by m' Reiner Cap* pike m' Moodey & Elias Stileman with- 
drawen 

James pendleton ag* & atturny to Cap* pendleton p' against 
Nath" Boulter defent in an acc'on of the case for y making good 



NEW HAMPSHIRE COURT RECORDS 217 

a mortgage of >^ p* of a mill & upon a defect in y attachm* 
y p' withdrawes 

M^ Jn" Cutt p' ag* Tho: Turner in an accon of Debt, with- 
drawen: 

Cap* Waif Barefoote p' ag* Abraham Drake def* in an acc'on 
of trespass upon the case for taking y s'^ Barefoots person upon 
Execution after satisfaction taken according to Law: 

Jury finds for y defend* Cost of Court i' i8« 2^^ 

Elias Stileman ag* & atturney to Cap* Clarke p' ag* Cap* 
Francis Champernowne in an accon of debt to y vallue of 5^ 
withdrawen : 

Elias Stileman ag* to Cap* Tho: Lake p' ag* Cap* ffran' Cham- 
pernowne in an acc'on of aboute i8^ debt withdrawen 

Cap* Tho: Clarke p' ag* Ens: Jn" Davis def* in an acc'on of 
trespas upon the Case for Cutting & Carrying away his Grass 
from of his meadow or marsh withdrawen the deft is allowed 
2' y cost 

Cap* Tho: Clarke p' ag* Leonard weekes def* in an acc'on of 
trespas upon y case for making use of his Land with out his 
consent withdrawen the deft is allowed I2« cost 

Xph' palmer Somoning Jn° Roberts Tho: Roberts Ralfe 
Twamley & Tho : Layton to attend this Court to answ^ his acc'on 
& not entring the same y^ Court grants Jn° Roberts Tho: 
Roberts & Ralph Twamley 4^ apeece & 2* unto Tho: Layton: 

peter Glanfield tooke the oath of Constable for Star Hand 
for the yeer ensuing. 

L* peter Coffin Ens: Jn° Davis Jo" Martin Antho" Nutter 
Tho: Roberts came into Court & tooke the oath of fTreemen 

This Court Grants Thomas Jackson 30 shillings for himself e 
& witnesses attendanse at Court to AnsW Robert Evans who 
did not enter his acc'on aga* him 

Jn° Westabrooke brought into Court severall debts that his 
predecessor Tho: Hinckson owed more then was set downe upon 
the Inventory of his estate W^ together w*** w* was before in- 
serted amounts unto 20' 9" lo*^ to be deducted out of the whole 



2l8 NEW HAMPSHIRE COURT RECORDS 

estate & for y remainder w*^'' is 66' 9" 5'' the house & Land of 
s^ Hinckson deceased stands bound to make good his the s'^ 
Hincksons will together with the s^ Westabrookes bond of one 
hundred pownds, and y s'^ Westbrooke doth before this Court 
acknowledg himselfe to stand indebted unto themselves & 
Tress"" of this towne or to the heires of y s'^ Hinkson to all or 
any of them or y assignes in the sum of one hundred pownds 
of good & Lawfull mony of New England beside the house & 
Land abovs"^ to ^ forme & make good the will & testam* of 
Thomas Hinckson deceased according to ord' of this Court 

The Last Will & testam* of Thomas Hanson brought into 
Court y« 27° June 66 & proved by Cap* Ric. Waldren who tooke 
oath thereunto And y" Widow is enjoyned to bring in an In- 
ventory of his estate unto y'' Next Court of Associates 

Upon the motion of Steeven Jones Concerning the Low con- 
dicon of m" Hill that som way may be fownd out for her Re- 
liefe, This Court ord' that the Select men of y" Towne of Dover 
take Care to make ^vision for her & childs releife 

phillipp Nick is allowed by this Court 3^ for his attendance 
to answ Charles Gleeden who did not enter his acc'on ag* him 

Elizabeth phillipps being Convented before this Court for 
severall misdemeaners viz* Cursing & swearing & entertaining 
loose ffellows at unseasonable times in y Night & thereby being 
und' vehement suspic'on of living in a course of uncleaness 
as appeares by sundry testimoneys upon oath. 

This Court sentence her to be whiped forthwith to y Number 
of 15 stripes upon her bare Skin, & to depart this towne within 
14 dayes, or to be sent to y house of Correction to worke for 
her liveing 

Bill of p'"sentments 

The towne of portsm" of 2 bridges & a swamp betwixt Jn" 
Halls & ffrancis Drakes: the Court ord" that they be mended 
by y^ next Court of associates or pay a fine of 5' & fees 

Edward West for his well, being uncovered standing in an 
open place wherein a child & a beast hath been drowned Sen- 



NEW HAMPSHIRE COURT RECORDS 2I9 

tence of Court is that he feence it by the next Court of Associ- 
ates or pay a fine of 5' 

The towne of portsm" for a defective way between W"" Seavys 
& Nath: Drakes, The Court ord"" y* it be mended betweene this 
& y^ Court of associates or pay five pownds: 

This Court referrs the rest of y*^ p'^sentm*" unto y*^ Court of 
Associates to be Issued by them : 

The Names of them that Came into Court to have theire 
Licences renewed viz^ 

Cap* Rich: Waldren M' Nath: ffryer 

L* peter Cofifin Edw: West 

M' Richard Cutt Walter Abbett 

M' John Cutt Widdow Webster 
M' James pendleton 

m"^ Vaughan made a motion to this Court to have a Licence to 
retaile Strong waters 

L* peter Coffin & L* Hall & Serg* Martin are appoynted by 
this Court as a Comitte to view the place at Lampery River for 
the making of a Convenient bridg over y same for Traveillers & 
to make report to the Next Countie Court held at Dover: 

The Jury of Inquests verdict concerning y untimely death of 
Sam: Blake brought into Court the 27 June 66 & accepted & is 
put upon file 

m"^ James pendleton waiter Neale & ffrancis Drake being 
p'sented to this Court for to be confirmed in the office of Cap* 
Leiften* & Ensign, but It not appearing to this Court that they 
were Legally chosen according to Law title Millitary, This Court 
ord"^ that y* towne make their choice according to y* Law & p'^sent 
them so chosen unto y^ next Countie Court to be confirmed. 

The Towne of Dover having Legally made choice of m"" Ric: 
waldren for y cap* m'' peter Coffin for L* & Jn" Davis for Ens: 
& presenting y" to this Court for confirmac'on. This Court 
approves of their choise & confirmes them in their respective 
places. 



220 NEW HAMPSHIRE COURT RECORDS 

The Names of Such who tooke the oath of fidellitie y^ 2^ of 
octob' 66 upon y Election of MilHtary officers before us Hen: 
Sherburne & Elias Stileman Com'isso" 

Joseph Tvlorse Leonard Weekes 

Jn° Moses Sam. Haynes Jun"" 

Jn° Lock Jn° Bruester 

peter Abbett fTran : Jenings 

Richard Slooper Jn° ffoss 

J n° Johnson Rich : Stileman 

Jn° Bury Obadiah Morse 
Jn° Mardent 

At a Countie Court held in Dover the 25*^ of June 1667 
p'sent Major W°* Hathorne Cap* Rich: Waldren Cap' Robert 

pike m' John Cutt m"" Richard Cutt Elias Stileman associates 

sworen 



J ury who tooke oath to 


r y« yeare ensumg 


Samuell Haynes 


Thomas Edgerly 


John Kenneston 


John Church 1 


ffrancis Rann 


Xtopher Jose 


William Brookin 


W- ffurber 


James Leech 


Ric : yorke 


Rob* puddington 


Decon Jn° Hall 


Jn° Bickford sen"- 


Joseph Moss 


Jury of Trialls | 


M' Richard Tucker 


An° Nutter 


M^ Richard Stileman 


Jn° Woodman 


Henry Beck 


John ffoss 


Tho: Dennis 


W" perkins 


M'^ Job Clements 


Jn° partridg 


Tho: Roberts Jun' 


Ens : John Daviss 



Thos: Chesley tooke Constables oath for Dov' for y* year 
ensuing 



NEW HAMPSHIRE COURT RECORDS 221 

John Pickering tooke Constables oath for portsm" for y- year 
ensuing 

m' W"' Vaughan being Som: to serve on y Jury of trialls & 
not appearing fined lo" 

Jos: Moss Hen: Hobbs Jn° Dam Jun"' being chosen & Somo'^ 
to serve on y^ Jury of trialls & not appearing are fined lo* apeece. 
Jn" Dam came into Court soon after his sentence past & pleaded 
he was hindred by y^ tide & the Court remitts his fine to 3* 4'' 

James Bunker came into Court & acknowledged a Judgm* of 
14' 6« 6^ due unto m"" Richard Cutt: 

M' John Cutt M"^ Ric: Martin phillip Lewis Leonard weekes 
Walter Neale Richard Slooper Deacon Jn° Hall John Roberts 
came into Court & tooke the oath of ffreemen: 

Granted L* Cofhn John Robberts& Widdow Nock to have pow 
of Administracon in trust granted them to y^ estate of Thomas 
Nock decease who dyed intestate, who are to pay his debts out 
of his estate as farr as it will goe, & Cap* Waldren L* Cofhn & 
Jn° Roberts are appoynted to audit the accounts of y" Creditors 

W" Williams Jun'^ Constab at oyster River being Som'ons by 
Cap* Waldren to appear at this Court to answ' for his neglect in 
gathering his proportion of y« rate W^ is 62 ^ 2« 3^ this [Court] 
sentence him to pay a fine of 5^ & enjoynes him y* he forth with 
gather it in & bring it in to y^ tressur' according to his warr* at 
his further ^ill & fees 2' 6^ 

Jn° pickering p* aga* Sarah Abbett def* in an accon of Sland' 
in saying he was a theefe & y* he had Stolen a peck & halfe of 
Wheate out of a bushell : as ^ attachm* 

Jury finde for the p' 5^ damag & 22^ lO"^ cost of court 

William Lucas p' ag* Widow sarah Abbet def' in an acc'on of 
the case her husband not fullfilling his Indentu' as ^ attachm*, 
withdrawen: & y^ defen* allow^ 4« cost: 

Mathew Millett p^ ag* Jn° Moore deft in an acc'on of the case 
for denying him pay for 7 Qun*« of fish march*' w"^ y^ s^ Miller 
Lent to him as ^ attachm* 

Jury finds for the defen* Cost of Court ten shillings 



222 NEW HAMPSHIRE COURT RECORDS 

This Court ord^ that the estate of Tho: Stevenson be divided 
according to y- testimony of W" Drew & his wife whose testi- 
mony is upon file & y Court of Associats to se it be soe div* 

M' Isaak Walker atturney to M^ Tho: Eldridg p' ag' m*" 
Richard ffoxwell def* in an acc'on of debt due ^ bill to y^ vallue 
of 40 pnds ^ forfiture of principall debt w*** forbearance of 8 
yeers & due damages: 

Jury finds for y" p' his bill of fortie pownds & cost 2' ii'' 4** 

peter Glanfield p' ag* William pitt defend* in an acc'on of the 
case for aresting of s*^ Glanfeld at yorke Court, & saying he 
would have new Lawes &c. as ^ attachment : 

Jury finds for y" defend* Cost io« 

M' Jn° Cutt p' ag* Ralph Twamley def* in an action of Reveiw 
of an acc'on of y" case tryed June y" 28*^ 1664 at y" Court held 
then in portsm" for w*^ holding of a debt of aboute 48' 4^ due by 
booke to balla. 

Jury finds for y p' 28' 4^ & cost of court i ■ 12^ 6'' Gran* execu- 
tion 17 May 167 1 

Ralph Twamley p' ag* m'^ Jn° Cutt def* in an acc'on of unjust 
Mollestac'on, withdrawen: Court grants y def* 4^ cost: 

W"" pitt p' ag* oniciphorus Harvie def* in an accon of the case : 

with drawen. the Court grants y def* 10^ cost 

W*" pitt p' ag* peter Glanfield def* in an acc'on of the case 
concerning flake roome in the title thereof at Starr Hand w"*" s'* 
Glanfield deteines & makes use w*''out s'' pitts Leave or Licence 

Jury finds for y" defen* cost of Court io« 

W™ pitt pi ag* peter Glanfeild def* in an acc'on of the Case. 

withdrawen: y- def* is allowed 10^ cost 

Oniciphorus Harvy p' ag* w"" pitt def* for reteining of the Key 
of his doore, &c withdrawen deft allowd io« 

Oniciphorus Harvy p^ ag* w™ pitt defend* in an acc'on of 
Sland'" as ^ attachm* 

Court grants y" def* cost io« 

The Jury of Inquest Verdict concerning the untimely death of 
Jn" Goddard of great bay brought into Court & is upon file. 



NEW HAMPSHIRE COURT RECORDS 223 

The virdict of y "^ jury of inquest concerning y untimely death of 
philHp Griffin Killed by thunder brought into Court & is upon file 

M"^ Rich: Cutt Cap' James pendleton & m^ Natha'll ffryer 
tooke oath to end all Causes in y towne of portsm" not exceeding 
10' 

This Court Grants poW of Administrac'on to Math: Williams 
unto y estate of Math: Giles deceased, & Impow John Bickford 
sen"^ & W" ffollet to Joyne with him to draw up an Inventory of 
y estate & p'^sent it to y Court of Associates next who have 
hereby pow^ to settle y^ estate the s^ math : Williams not to make 
any vallid act w'^^out y Consent of s'* Bickford & ffoUett untill 
y Courte take further ord'^ 

Henry Salter servant unto Roger plaisteed being brought 
before this Court for Runing away & Steeleing proved Sentence 
forth with to be whipped upon y bare back to y^ Number of 20 
stripes & be sent home to his master w'^'^ was accordingly done. 

W"* Irish Apprentice unto Jo" Jackson deceased, before this 
Court having made choise of Thomas Jackson to serve out y 
remainder of his time, the w"'' y" s'^ Tho. Jackson accepts, and 
promised before this Court to fulfill the Articles of his indentu' 
as his father Jn° Jackson should have done & to ad 40 shillings 
more thereunto in New England pay, is approved of & confirmed 
by this Court. 

This Court grants pow of Administrac'on to y estate of John 
Goddard deceased, unto his Widow Welthin Goddard & Jn° 
Goddard, & Impow" Ens: Davis & Robert Burnam to Joyne 
with them, & to p'sent an Inventory of the estate to y^ Next 
Court of associates held at portsm" for the settleing of y same, & 
ord" & injoynes the s'^ Welthin & s'l John Goddard not to dis- 
pose of any of y estate w'^'out the consent of y s'^ Davis & 
Burnam untell y« Court take further ord"" 

This Court grants unto Widdow Joane Jackson & Rich. Jack- 
son pow^ of Administrac'on unto y^ estate of John Jackson de- 
ceased with out will, the s^ Joane & Richard Jackson brought in 
an Inventory of y s<^ estate into this Court at y same time 



224 NEW HAMPSHIRE COURT RECORDS 

amounting to 234^ 15^ Concerning w'=^ estate the Court ord' 
with y^ Consent of Ric: Jackson & Tho: Jackson then p'^sent 
that the widow shall have the whole estate in her hand during 
her Life excepting 4 acres of marsh to be equally between Tho. 
Jackson & John Jackson w"*' they are to have at p^sent & after 
s^ widows decease Richard Jackson to have the house & Land 
at home & to allow his Bro: Thomas 20 shillings & his brother 
John Jackson eleven pownds, & the s'^ Thomas Jackson to have 
one halfe of y" Land in y*^ plaine & John Jackson y other halfe, 
& w* the estate that is in moveables shall be wasted the 3 brothers 
afores'i to beare theire proportions of it & w* debts y^ estate 
oweth to pay according to proportion & w* is due to y" estate to 
have their proportions the Eldest to bear & have a double portion 
as the estate may increase or decrease in debts & moveables. 

There being brought into Court the Last will of Jn° Jones and 
an Inventory of his estate, but noe testimony to prove the Will, 
this Court re f errs y^ same to y^ next Court of Associates, ordering 
that the will & Inventory be brought into s<^ Court with proofe 
thereunto, & the s'^ Court of Associats to ord"" y^ estate & settle 
the same, as nere as they can according to Law: 

The Last Will & testam* of Walter Abbett brought into Court 
& proved by m"" Richard Tucker & m'' Jn° Sherburne who tooke 
oath thereunto: Also an Inventory of his estate brought in by 
Sarah Abbett amounting unto 1433' 03^ S"^ unto w"*^ she tooke oath : 

The Last Will of Thomas Walford brought into Court & 
proved by Rich : Slooper & Nicholas Doe who tooke oath there- 
unto: allowed: with an Inventory of his estate sworne unto by 
m"^ Hen: Sherburne & m' Richard Tucker: & is upon file. Som 
is 751 o6« ii*^. 

Jane y" wife of Walter Jackson p'"sented for Comitting of 
fornication, sentence of Court that she be forthw*^ whipt to y^ 
Number of 10 stripes or pay a fine of 4^ Walter Jackson engaged 
to pay the fine of 4' in 2 m° & fees of Court 2^ 6^^ 

Jn° Kennestone p'^sented for Excess: drinking, Confest Sen- 
tence to pay a fine of y 4*1 & fees Court 2« 6'^ 



NEW HAMPSHIRE COURT RECORDS 225 

Cap* Walter Barefoot complaining to this Court that m' 
Andrew Wiggin had abused him by blowes & had robed him of a 
pistoll & severall writings of concernm* the Court saw meete to 
bind s^ Barefoot in 200^ bond, to prosecute his charge & s'^ Bare- 
foote & Hen: Greenland bound themselves in s'^ sum of 200' 
to prosecute the same & s'^ Wiggins stands bound in Like sum of 
200' to answ s'^ charge but there wanting m" Mary Vezies 
testimony y" Court Could not proceed, therefor referes it to y 
Court of Adjournm* 17° Sep* next & binds them in y same 
bond to appeare unto w"'' they consented & s"^ Wiggin then to 
answ y^ charge Lade to him in begetting wat' Jacksons wife 
with child while she Lived w**" him 

Widow Webster motioning to renew her Licence as formerly, 
this Court doth not see meet to grant, but grant her libertie to 
sell beare & bread only: 

Cap* Walden L* Coffin m'' Jn° Cutt m' Rich Cutt m-" ffryer 
m"" west cap* pendleton m"" Vaughan making a motion to this 
Court to renew theire Licences as formerly given them is granted 

goodman Kirke of Dover is granted by this Court to Keepe a 
house of com'on entertainement & to sell wine & Licquors by 
retaile 

This Court is adjourned to the next is"" day of sep* to be Kept 
at portsm" 

This Bill bindeth me John Bowrey my heires Execut" or as- 
signes to pay unto Joseph Moss of piscattaqua River in New- 
England or his assignes y Just sum of eight pownds ster' to be 
payed in Barbadoes to be payed to him or his assignes within 
fifteene dayes after y arivall of the Ketch ffrancis in Barbadoes 
in suger good drie well cured musconadoe at eight shillings '^ 
hundred witness my hand this 2'^ of febru: 1666 

Jo" Bowrey 
Testis Roger Dearing Edw: West George Snell John pcnwell 
July 20*'* 1667 This is a true Copie compared with y originall 
as it was Exhibited as attests Elias Stileman Record"" 



226 NEW HAMPSHIRE COURT RECORDS 

The Deposition of Jane Walford Widdow, aged 69 yeeres or 
there aboutes Testifie & Say that her husband Thomas Walford 
did give to Elizabeth Savidg his daughter a peece of marsh Lying 
betweene W" Brookins & Mary Hincksons, & he gave it aboute 
9 yeares before he dyed & it was comonly Called Bess Savidges 
Marsh & further I my selfe gave my consent, & further Saith not 

Taken upon oath 27*'' June 67 before me 

Elias Stileman Com'issi 

\'era Copia as attests Elias Stileman Record *■ 

The Deposition of Jn" Homes aged 26 yeares or thereaboute 
Testifieth & saith that I heard my Grandfather Tho: Walford 
say that he had given y peece of marsh betweene W™ Brookins 
his marsh & Mary Hinckson her marsh unto Elizabeth Savidg 
for her Life & after her death to her daughter Mary & tooke a 
stone or a boult & putt up by y^ marke tree & said so far it 
should com, & I heard y" s'^ Walford say that he had given it as 
afores** severall times, & further saith Not 

Taken upon oath 27 June 67 before me 

Elias Stileman Com'is'' 

vera Copia according to y originall as attests 

Elias Stileman Record^ 

The Deposition of Mary Brooken aged 32 yeares or there 
aboute testifieth «& sayth that she heard her father Walford give 
unto Elizabeth Savidg a peece of marsh Lying betweene W^ill: 
Brookins & Mary Hincksons, & after y decease of y^ s'* Elizabeth 
Savidg unto Mary Savidg her daughter & further saith Not 
Taken upon oath 27 June 1667 before me 

Elias Stileman Com'iss"" 
This is a true Coppie according to y originall as attests 

Elias Stileman Record ■" 

The Deposition of Alartha Westbrooke aged 22 yeares or 
there aboutes 



NEW HAMPSHIRE COURT RECORDS 227 

Testifieth and saith that she heard her ffather Walford Say 
that he would give unto Elizabeth Savidg a peece of marsh 
lying betweene Will Brookings & Mary Hincksons and further 
saith not 

Sworne y 27 June 1667 before me 

Pllias Stileman Com'iss' 

Veria Copia as attests Elias Stileman Record'' 

At a Court of Adjourm* held in portsm" 17" sep* 1667 

Cap* Walter Barefoote complaining unto this Court how that 
m' Andrew Wiggins had robed him on y*' high way & had taken 
away a pistoll from him with severall other writings of greate 
Concerm' as at Large appears in his declarac'on und"^ his hand 
putt upon file 

This Court having heard y Case & all witnesses there aboute, 
find that y" charge is not proved in all the perticulers of it, butt 
finding y' s*^ Andrew Wigins thrust the s*^ Barefoot into a Gully 
& did after that in a Nother place upon some words passing 
betwene them s'* Wiggin did turne towards s^ Barefoote & faced 
him & suddainly thereupon both were scene upon y« grownd 
scuffling, the s-^ Barefoote demanding his pistoll of s*^ Wiggin w"*" 
s*^ Barefoote sayes he had taken from him, the w^ this Court 
doth suspect y^ s*^ Andrew did take from him y" p'misses con- 
sidered the Court Judges the s'* Wiggins to have broken the 
peace Sentence y« s^ Wiggin for y same & for the charge the 
Court have been at in & aboute y^ hearing of y" case & sending 
sev'all times y^ Marshall to Exeter to bring witnesses to this 
Court y* he shall pay a fine of tenn pownds & to pay the wit- 
nesses, w^*" are to be brought into y clarke & he to rectifie them 
according to Law & wherein he shall make doubt or scruple he is 
to propownd y same to y Court of associates for Light & 
direction thereaboute 

Walf^ Jackson petitioning the Court when Last held at Dover 
concerning y wrong M"" Andrew Wiggins had done to his wife 
in begetting her with child while she Lived w**" s'^ Wiggin as his 



228 NEW HAMPSHIRE COURT RECORDS 

servant made did y" bind s^^ Wiggin to this Court of Adjourm* 
to answ s'^ complaint — This Court upon Examynac'on of y 
same doe not find s"^ And'' Wiggin Guiltie of y'' same, doe there- 
fore acquit & discharge him. 

M"" And: Wiggin humbly requesting this Court to abate halfe 
his fine w'='' the Court grants him provided he pay 5 pownds to 
the tress'' of this Court with in six weekes else to pay y^ whole 10' 

The Last Will of John Jones Brought into Court & proved by 
Roger Knight & James Drew with an Inventory of his estate 
amounting unto 52^ w"*' his Executrix tooke oath unto w*'' a List 
of debts all remaineing upon file. 

Jury of Inquest brought into Court there virdict concerning 
the untimely death of Simon Buzie remaines upon file. 

The Returne of y Com'isso" to open y voates for Tress'' was 
that M-" Nath" ffryer is chosen: 

Widow Goddard brought into Court an Inventory of y estate 
of her deceased husband amounting unto 554^ 2^ o*^ unto w^ 
shee tooke her oath & promises that if any thing more coms to 
her Knowledg she will bring it in y* it may be added : 

This Court ord''^ that y s^ Widdow & her sonn Jn° together 
with the assistance of Ens. Davis & Robert Burnam bring in to 
y^ next Countie Court what debts y^ estate owes that soe y^ 
Court may be satisfied w* cleare estate there is that soe they may 
divide the same to the widow & children accordingly in y^ meane 
time they not to dispose of y^ estate or pay any debts without 
y^ consent of Ens. Davis & Robert Burnam afores*^. 

John Tuttle being Som'ons to witness in Jn'' Wingetts & Job 
Clements p'"sentm* & not appearing is sentence to pay 7' 6"^ to 
s'l Jn" & Job & 2« 6*^ fees: 

Xtoph' Snell serv* to Edward West who for running away 
from his s*^ m'' & for suspicon of Stealling 24 peeces o 8 is sen- 
tenced to be whipt to y Numb'' of 15 stripes & for the charge his 
master has been at to gctt him again y Court ord" that he 
shall serve his s** m'' 12 m" more than his Indenture speaks of, 
his m' paying all the charge & fees 2« 6*^ 

Edward Gold being bound over by m' Hunking Com'iss'' at lies 



NEW HAMPSHIRE COURT RECORDS 229 

of Sholes to appear at the Last Court to answ^ for misdeamenors 
& abusing onichyrus Harvy & not to com to his house untill he 
had answered for it at Court but he niether observing his en- 
gagem^ in Coming to s'^ Court nor abstcining s'^ Harvys house 
The Court declares his bond of 30' is brook butt s'^ Gold petision- 
ing to have an abatem* made him This Court grants an 
abatem^ to 5' he putting in securitie for y paym* of it or Ly in 
prison till it be pd: peter Lewis stands bound for it 2' 6^ fTees: 

This Court grants Sarah Abbet upon her request Licence to 
Keepe a house of Com'on entertainm* 

This Court ord" that a speciall warr* be Isued out by y Clarke 
to seaze m' Abra. Corbett to appeare to answ' to his p^sentm* 

Steven Jones being p'"sented for fighting at m"" Corbetts owned : 
sentence to pay a fine of 3' 4"^ & fees 2^ 6*^ 

ATath: W"*^ brought into Court an Inventory of y" estate of 
Math: Giles deceased amounting to 165^ 13" O'^ unto W'' he 
tooke oath 

The Last will of Jn" Hart brought into Court & proved by m'' 
Josaiah Moodey & Elias Stileman 

The Will of Clemont Ralfe brought into Court & Lies on y^ 
file being not fully proved there being butt one witness that 
would take oath : 

Rich : Stileman motioning to have Licence to sell strong waters 
as other the shoppkeepers in this towne is granted 

Amy Hull p^'sented for Comitting fornication Sentence to 
be whipt to y^ Number of 15 stripes & fees 

Henry sparke & Cromwell y Indian p'sented for fighting & 
exces drinking owned: sentence of court is that Cromwell shall 
pay a fine of ten shillings for his fighting & fees 2^ 6*^ & Hen: 
sparke for excess drinking 3=^ 4'^ & fees 2" 6'^ Cap* walden en- 
gaged to see it payd : 

Jn° Winget & Job Clemonts Jun"" p^sented for fighting not 
proved & they are discharged. 

The Court ord" that a speciall warr' be Isued forth to Appre- 
hend Jn° pottle & Lay him in prison till y^ Court that he answ"^ 
to his p'sentm* 



230 NEW HAMPSHIRE COURT RECORDS 

The Towne of Dover for want of stockes whiping post standard 
weights & measures, a sealer of Leather a pownd a watch house 
powder match & bulletts. 

The Court enjoynes y s'^ Towne to provide them by y next 
Countie Court at portsm'' or pay five pownds & fees 2^ 6'* 

Mihill Brazen for Swearing acknowledged Sentence to pay a 
fine of lo' & fees 30^ 

Jn° pickering sen'' for not Emitting his serv* Hen: Brooking 
to com to y publick ordinance not proved Jn° pickering profess- 
ing that he did & doth send him, he is discharged 

Star Hand for want of a p"" of stockes: The Court ord'* that 
they forth with provide a p' & fees 30** 

James Waymouth for selling wine bear & cider by retaile, he 
makeing it appear that he had libertie soe to doe by reson of y 
concourse of people in waying time the court accepts this ansvv 
& discharges him 

Richard Wilcom for selling beare & wine & Cider by retaile 
without Licence owned by his wife who appeared in Court to 
answ this p''sentm* 

Sentence to pay a fine of 20^ & fees shee pleading it was but in 
waying time 

Jn° Moore of star Hand for selling of wine bear & cider with out 
Licence Not proved he is discharged 

Jn° Winsland for selling wine by retaile with out Licence, 
m"" Jn° Hunking gave Information y* he owned it & Left himselfe 
to y Court Sentence to pay a fine of 5' & fees 30** 

Ciprus Harvy for selling wine bear & sider by retaile without 
Licence his wife appeared in Court to answ & this being the 
2^ time that they have been Convicted for this offence sentence 
to pay a fine of 5' & fees upon her humble petition & their great 
povertie the Court abates 50 shillings 

The Court being informed of y" great need that there is of 
som to give entertainment to strangers on Starr Hand In the 
time of waying of fish: doe therefore Licence James waymouth & 
Richard Willcom to Keepe a house of publick entertainement on 
Star Hand only for the time of waying of fish & to be ordered 



NEW HAMPSHIRE COURT RECORDS 23 1 

when to begin & to give over by m"" peter Twisden m"" ffabins 
m' Hunking & m"" Jose Masters of voyages there during w'*" time 
they may sell wine beare & Liquor they Renewing their Licence 
yearly as others doe 

W™ Beard Jn° Smith I\Iath: Williams Robert Watson James 
Smith fined 5* apeece for not coming into Court to take oath 
concerning y verdict aboute the untimely death of Simon buzie 
w* was done is upon file: 

m"" dearing is granted a Licence to still Strong water & to sell 
y* same according to Law: 

Whereas there are sundry differrences betweene Cap* Miles 
pile on y one p*'' & Thomas Cruse Com'and"" of y^ ffriendship of 
Dartm° In & aboute a voyage at Verginnia this Last Winter con- 
cerning acco*« Alteration of a voyage, And Tobaccoes dampni- 
fied, ffor y*' Issuing & determynation whereof the aboves^ p'*" 
have referred y^ Same Unto Cap* John Birkes & Cap* John 
peirce who have hereby full pow"^ to heare & determyn the same, 
& the s'* pile & Cruse doe hereby bind themselves each to y* 
other in y penall sum of three hundred pownds Ster' to stand 
to y" award of y s^ Gen*' soe chosen, & if these two cannot end 
it betweene themselves they have full pow' to chuse a third 
man whose definitive Sentence shall put a finall Issue to all 
such differences as aboves^ provided they Give in theire award 
at or by y 16*'' day of this Instant month provided alsoe y* they 
distinguish what belongeth to y'' s*^ Cruse & company as proper 
to pay if they find damage there, & w* belongs to y" s<^ Cruse 
alone & distinct from y" Company In witness whereof y^ 
aboves'^ ^*'^'' have set to theire hands the 12*^ of June 1665 

Miles piles 
Thomas Cruse 

Witness John yeamans Elias Stileman sen"^ Elias Stileman Jun"^ 

enterred according to y" originall y 10**' June 1668 as attests 

Elias Stileman Record"" 

Whereas Cap* Miles piles p* owner of y^ shipp ffriendship & 
m^ Thomas Cruse & all of company of y" s'^ shipp have had 



232 NEW HAMPSHIRE COURT RECORDS 

sev^all differences depending concerning a voyage made from 
pictattaqua to y^ Island of Barbadoes & from thence to Vir- 
ginnia, concerning y" alteration of y^ voyage & y^ damage of 
severall hh^« of Loose tobacco & accompts of severall ^cells 
of Goods disposed of by s*^ m"" Thomas Cruse & company, All 
y*^ s*^ differences being referred by s^ piles & Cruse & company to 
us John peirce & John Birkes for y*^ finall determynation to 
heare & award all y^ s^ differences, have in o' serious Judgm** 
considered all y* p'misses doe find y* y s<^ Thomas Cruse & com- 
pany shall owe & pay to s^ piles for y*^ damage in wetting sev- 
erall hh'^^ of tobacco, for altering of the designe & for other very 
important reasons three monthes of theire hire or wages to be 
deducted from them out of their whole wages due to them for 
their service in s^ shipp. And further we doe award y* y^ s^ 
Miles piles shall pay to the abovs<^ Thomas Cruse & company 
all theire wages due unto them from y^ first day they Sailed in 
s'' shipp to y'' day of their arivall here, one third part of y s<^ 
wages in New-England money, one third part in good m'"ch*^'« 
dry cod fish at price Curr* at Isles of Sholes & one third part in 
good sound Virginia Leafe tobacco & caske at two peence halfe 
penny p'' pound, but for all such notes w'' s<^ piles Gave s*^ m"" 
Thomas Cruse & company for former wages due unto them 
wee doe award y s'^ piles to pay them according to y^ true 
meaning &" intent of the same, but for y^ remaining besides y^ 
notes Given by s^ piles & the three monthes pay to be deducted 
as above specified we doe award the s<^ piles to pay to s'^ Cruse 
& company as above specified w^^'in seventie dayes after y^ date 
hereof & this to be a ffull Isue & determynation of all s"^ dif- 
ferences Given und"" o' hands this sixteenth day of June 1665 

John Birkes 
John Peirce 

Signed by the Arbitrate" in y p-'sents of us Elias Stileman 
Nicholas Braddick 

Recorded according to y*^ originall y 10^'' June 1668 as attests 

Elias Stileman Record "^ 



NEW HAMPSHIRE COURT RECORDS 233 

At a Countie Court held in portsm" y 30**^ of June 1668 
p-'sent M^ W"" Ting Majo' Gen. John Leverit Cap* Rich: 
Walldren Cap* Rob* pike m"" John Cutt m' Rich: Cutt EHas 
Stileman associates who tooke theire oathes for y yeare ensuing 

Jury of Trialls 
M"^ Richard Martin foreman 
Leonard Weekes Robert Burnam 

John partridg John parnill 

John Lewis Allexsan"" Waldren 

John Sherburne m' Job Clements 

Natha'^ Drake philHp Lewis 

L* peter Cofhn Rich : Slooper 

in m^ Clemonts accon aded Danniell Moulton 

M' Abraham Corbett p^ aga* John pickering sen' def* in an 
acc'on of y^ case for not giving of him such Legall assurance as 
y^ Law of this Jurisdicc'on provides for Lands bought and 
sould, the s'^ Corbet having bought of s^ pickering halfe an acre 
of Land ag* y mill creeke neere y" meting house in portsm" 
& p*^ six pownds for y^ same according to s'^ Jn° pickerings ord' 
& yet cannot get asurance for s'^ Land w^^ is greatly to his damag 

Jury finds for y'' defend* cost of Court 4' 6'^ 

The plan* appeales from this Sentence Henry Greenland 
Atturny to m*" Abra. Corbett & m' Nath'^ ffryer of portsm" ac- 
knowledg themselves to Stand bound unto s'^ pickering in the 
sum of Tenn powns sterl to ^cecute this appeale at y^ next 
Court of assistance to effect according to y^ Law of appeales. 

Cap* Walter Barefoote p' ag* Silvester Herbert def* in an 
acc'on of debt due by bill to y*' vallue of 3' 6^ in fish with all due 
damages & forbearance. 

Jury find for y pla* i^ damages & Cost Court i': 08: 06 

Cap* Walter Barefoote p^ aga* Silvesf Herbert defend* in an 
acc'on of debt due by bill to y^ vallue of 5' 3^ in such pay as 
shall content s^ Barefoote with all due damages & forbearance 

Jury finds for y^ Defen* Cost of Court 6* 



234 NEW HAMPSHIRE COURT RECORDS 

The p' appeales from this Sentence unto y Next Court of 
Assistance held at Boston, M"" Edw: Hilton Jun' & m' Henry 
Greenland acknowledg them selves to stand bound w**" y° p' 
unto y^ Tress' of this Countie in y^ Sum of tenn pownds Ster' to 
prosecute this appeale to effect according to y Law of appeals 

William Palmer p" ag' Cap* Walter Barefoote def* in an acc'on 
of y case for taking away of 26 Tunns of shaken caske or w* 
may Justly appear w"^ were in s^ palmers Costodie by vertue of 
an execution Levied on them as y^ estate of m' Herbert for y^ 
use of m^ Lyde w"^ is to y great damage of y s^ palmer, con- 
stable. 

Jury finds for y p' 12' i" 6^ damages & cost Court i^ 8« 6<* 

The defend* appeales from this sentence of Court unto y 
next Court of assistance held at Boston: & m"" Edward Hilton 
Jun'' & m'' Henry Greenland acknowledg themselves together 
with y^ defend* to stand bound in y*' sum of twentie four pownds 

ster unto to ^cecute this appeale to effect according to 

y^ Law of appeales. 

Silvester Herbert p' aga* w"" palmer def* in an accon of the 
case for not serving to attachm*^ in y sute of s^ Herbert upon 
shaken caske s"^ palmer Levied an execution upon, granted m-^ 
Lyde ag* s"^ Herbert w"^ is much to his damage, w" palmer 
y^ defend* owned before y" Court he had y plantives attachm*^ 
to serve on y goods Levyed by him of Herberts for m"" Lyde, 
but could not serve y" by reason y* Cap* Barefoote had taken 
away y shaken caske. 

Jury finds for y^ plan* 12' 1^6*^ damage & cost of Court 19* 6^^. 

Silvester Herbert p' ag* Cap* Walter Barefoote defend in an 
acc'on of debt upon acco* of aboute 4 pounds, with due damages: 

Jury finds for y p' 4^ i« o<^ damages & cost court i' 7» 6** 

The defend* appeales from this sentence to y Next Court of 
assistance held in boston & m"^ Edw: Hilton Jun"" & m"" Henry 
Greenland stand bound together w**" the defend* in y^ some of 
eight pownd sterl to procecute this appeale to effect according 
to y« Law of appeales: 



NEW HAMPSHIRE COURT RECORDS 235 

M' Job Clemonts p' ag*^ Abraham Whiticker def*^ in an acc'on 
of debt due by bill to y valine of 7' io« & for all Just damages 

Jury find for y" p' 7' 10^ damages in specie according to bill & 
cost of Court I ' 7^9*^ 

Job Clemonts p' ag' Abraham Whiticker defen' in an accon 
of debt to y" vallue of six pownds due by bill with all Just dam- 
ages: Jury finds for y^ p' 6' damages & i' 7« 9^ cost court: 

phillip Chesley p' ag* John Odiorne def' for withholding a debt 
of aboute 13' I2« 6'' or w* may appeare Justly due — 

Jury finds for y^ p' 17* damage & Cost i' 10^ 6'^ 

Richard Stileman p' ag* David Cambell def' in an accon of 
the case for an Inlayd muskit Lent him as ^ attachm* 

Jury finds the damage und' 40^ & so not triable in this Court 
defen*« cost allowed I2« 

M' Natha" iTryer p* ag* Marke Giles def^ in an acc'on of the 
case for Lameing his Negroes serv*« arme by breakeing the bone. 

Jury finds for y" defen* Cost 8« 

John pickering Jun' p' against m' Hen: Dearing defen* in an 
acc'on of trespass upon y case for appropriating diggen & make- 
ing use of his Land w'^'out his Leave & consent 

Jury finds for y" defen* Cost 12' 6** 

Cap* James pendleton p' aga* m' Hen: sherburne & Sarah 
his wife executrix to y^ estate of waiter Abbet concerning y* 
forfiture of a mortgage made to Cap* pendleton by s^ Abbet: 
withdrawen 

Cap* Richard Waldren p' ag* m"" Henry Sherburne & Sarah 
his wife Administratrix to y estate of waiter Abbet deceased 
def** in an accon of the case for 4 pipes of wine dd s^ waiter 
Abbet in y year 1661 to be p^ in fish: withdrawen: 

m' John Cutt p' aga* m'' Hen: Sherburne def* in an acc'on of 
y*^ case for a debt of 32' 14* 1 1^'^ for severalls dd his predicessor 
wal' Abbet withdrawen 

m' John Cutt p' ag* m"^ Jn° penwill in an acc'on of y" case for 
not delivery of 6 butts of madary wine & 8 hh"^^ of fish &c accord- 
ing to bills of Layding nor returning them againe. withdrawen: 



236 NEW HAMPSHIRE COURT RECORDS 

John pickering sen' p' ag* An° Stanniell def* in an acc'on of y^ 
case for that y^ s*^ Staniell hath not made good an engagem^ 
of no* upon Condic'on of a manage of s<i Staniels daughter 
^th gd Pickerings son : withdrawen 

Edward West moving y*^ Court y' philHp chesley had arested 
him to this Court & had not entred his acc'on desired he might 
be allowed for his attendance is allowed 2^ 

Joseph ffeild not entring his appeale ag* Walter Barefoot the 
Court allowes s*^ Barefoote 19^ cost, 

Joseph Moss motioning this Court y* they would remit his 
fine y" Last year for not being p^'sent when called to serve on y* 
Jury pleaded that the tide hindered & y^ he did serve afterward, 
the Court remits the same. 

James Waymouth Richard Wilson made theire request to this 
Court to have theire Licences renewed the w'='' the Court grants 
them & that they doe not deviate from the condic'on of theire 
first grant: 

This Court grants unto m'' John Hole & Sam" Clark Le'rs & 
pow of Administrac'on unto y^ Estate of m"" Richard Leader 
they having married y" daughters of s"^ Leader & Injoynes them 
to bring in to y*" next Countie Court held at Dover & Inventory 
of his s*^ estate 

Edward Melcher brought into this Court y Last will & testa- 
ment of Thomas Harris of dittisham in England w"^ was proved 
by Richard Stileman & May stileman who tooke oath thereunto, 
alsoe s'* Melcher brought into Court at same time an Inventory of 

s^ Harris estate amounting unto & is enjoyned & if any 

thing more did appeare to bring it in to be added to y^ Inventory 

Mary Seaward y Relict of Richard Seaward, deceased brought 
into this Court an Imperfict will of Rich: Seaward afores'' w"** 
this Court seeth not meete to allow therefore grants pow' of 
Administrac'on to s"^ Mary to his s'' estate & enjoynes her to 
bring in an Inventory of s'^ estate to y next Court of Associates 
who are to settle the same as neer as they can to y mind of 
V' s'' Ric: seaward 



NEW HAMPSHIRE COURT RECORDS 237 

ffrancis Rann Scn"^ making a motion to this Court y^ they 
would please to ffree his sonn ffrancis Rann Jun"^ from com'on 
trayning by reason of a Greefe y* is upon him This Court 
grants the request soe far as to Exempt s'^ Ran Jun' from trayn- 
ing for three yeares, supposeing in y* time he may out grow his 
distemper: 

John partridg came into Court being chosen by y^ towne of 
Portsmouth & tooke his oath for Sealling of Leather 

This Court understanding y*- goodman Mussell is not willing 
to continew Longer in y place of a water Bayley by reason of 
his age doe appoynt W"" Lux in his stead, & ord' him y^ he goe 
on board every shipp y* coms into this harbor & to Informe them 
concerning the Law aboute heaving ballast into y harbor that 
soe none may breake y same Least they incur the penaltie 
thereof & is to be allowed by every master he shall soe informe 
two shillings for his paines 

M"" George Broade being complained of to this Court for 
heaving out Ballast into y Harbor w"^ is a manefest breach of 
Law in y* behalfe, This Court upon Examynac'on find that it 
is to usuall a practice for shipps soe to doe upon pretence y* the 
swiftness of y tide doth cary away the same being Barbadoes 
sand therefore thinke meete to Impose not y^ pennaltie on s'' 
Broade, but ord' for prevention of any such practice for y^ 
future, that y Law title Ballast be forth with published & set 
up in some publick place & the water Bayley to be allowed 
twelve peence upon y pownd out of y^ fine of every one y* 
shalbe Legally convicted through his Informac'on before Lawfull 
authoritie 

The townes of Dover & portsm" having made choise of the 
same persons to serve for Constables & Gran Jury for this year 
following & the same persons serving on the Gran Jury at this 
Court & doe continew for y« year doe therefore ord"" that the 
townes chuse other in theire roome forth with 

Eld' Hatevill Nutter & Thomas Layton came into Court & 
declaired before y" Court y* they had received up theire bond 



238 NEW HAMPSHIRE COURT RECORDS 

wherein they stood obleidged for paym* of staves for John 
Goddard to m'' Millor, & were satisfied there with & doe free & 
acquit y^ heires Executo" & Administra" of s*^ Goddard & his 
estate obleidged to save them harmless as s'^ Goddards securlte 

phillip chesley som'oning Edw: West to this Court & not 
entering his acc'on is allowed two shillings for his attendance. 

Henry Jones & phillip chesley being bound over unto this 
Court upon suspic'on of having a hand in y untimely death of 
Edmond Green blacksmith, & having Examyned them & wit- 
nesses thereaboute, see it meete to bind the s*^ parties in a bond 
of 100' appeece with sufficient sureties that they appeare at y^ 
Next Court of Associates held at Dover, & then & there to be 
cleared if nothing more appeare against them 

L* peter Coffin & John Roberts & Steeven Jones doe acknowl- 
edg themselves to stand indebted unto y" tress'' of this Counte 
or his successors in y« Sum of one hundred pownds ster' viz y« s*^ 
Coffin in 25' & s<^ Roberts 251 & s'^ Jones 50' well & truly to be 
payd unto him or his successors & thereunto bind themselves 
heires & Execut" 

The Condic'on of this Recognizance is such y* if y s'* Steeven 
Jones doe personall appeare at y Court of Associates next held 
at Dover according to y" ord"" of Court above written & doe abide 
s*^ ord"" that then this Recognizance to be voyd & of none effect 
otherwise to stand in full force pow & vertue : 

Henry Roby & W™ Beard stand bound together in Like sumes 
to y^ tress' aboves*^ for s'^ chesleys ^sonall appearance according 
to s"^ Court ord'' & to abide y" same: 

William pitman & Ann his wife being somoned & John Smith 
being bound over to this Court by one of the Comisso" of portsm° 
the s'^ W'" pitman for suffering & inviting s*^ Jn° Smith to com 
& Ly downe on y bed they Lay in one night at m'' Dearings & 
being confest & owned, this Court sentence the s'^ W°> pitman & 
s'^ Smith to pay a fine of 20^ apeece & his wife to have an ad- 
monition & fees court: 



NEW HAMPSHIRE COURT RECORDS 239 

m'' Woodman engaged to y*^ tres'' for Jn" Smithes fine & 
m'^shall Jn" Roberts for W" pitmans: 

This Court having according to y ord"^ of y*^ Gen. Court in 
May Last Examyned the case of Richard Knight & Mathew 
WilHams concerning the estate of Mathew Giles of Oyster 
River deceased, doe ord' that after the Just debts of s'^ Giles 
be satisfied the remainder of the estate to be equally divided be- 
tweene them, & Ens: John Daviss is appoynted by this Court 
to se this ord"" effected & to make returne to the Cleric of this 
Court, & if in case s'^ Daviss shall refuse or cannot attend the 
same, y' then any one of the associates may appoynt some meete 
person in his Roome. 

There being p'^sented unto this Court an Imperfict will of 
Thomas ffootman deceased y w"^ y Court could not approve 
of therefore this Court grants power of Administrac'on to his 
s** estate unto his Widdow Katherin ffootman, & enjoynes her 
to bring in an Inventory of the Estate to the next Court of 
Associates, who are to settle the same as neere y mind of y* 
deceased as they can according to Law & make returne thereof 
to the next Countie Court held at Dover. 

Upon Informac'on to this Court that ffrancis Rann had 
drunke to excess the 30**" of July 1667, owned by him, sentence 
him to pay a fine of 3" 4*^ & fees 30^^ 

This Court being informed that William Brooking dranke to 
Excess y^ i* of October 1667 & the 12**' of ffebrua: 67: & owned 
by him sentence him to pay a fine & 6« 8^ & fees 

This Court grants unto m-" Natha'' ffryer & Lidia Greene y^ 
relict of Edmond Greene who died intestate pow of Adminis- 
trac'on unto his estate whoe are enjoy ned to bring an Inventory 
of it to y next Court of Associates and they to settle y same 
according to Law. 

This Court being informed of John Smith his pilfering by 
taking a Comb out of the pocket of James Levit serv* to m'' 
Dearing, the Comb being found w*'^ him & proofe that he must 



240 NEW HAMPSHIRE COURT RECORDS 

needs be guiltie of y^ money, sentence him to pay s^ Levit io« 
in money & i8*^ attendance & 3 witnesses 18"^ apeece. 

This Court ord" that y^ Gran Jury meete & ripen w* p'sentm*' 
they can & p''sent them to the Court of Associates y" 31 of march 
next & there be discharged 

This Court ord" y* the Court of Associates shall confirme one 
to Keepe an ordinary for Dover if orderly p'sented. 

The Marshall Jn° Robers is allowed 16" for his apprehending 
of Steven Jones and phillip chesly aboute y" death of Edmond 
Greene w*'*' y^ tress"" is to pay. 

It is ordered by this Court that Widdow Webster take downe 
her signe & in case she refuse that then the Constable doe it or 
see it done 

Edward West moved to have his Licence renewed is granted 
unto him 

M' Richard Cutt having taken an orphan child of W" Evans 
from his Infancie whose Name is Ebenezer aged now aboute 
eleven yeares & hath Kept & brought him up upon his owne 
charge, This Court sees meete & ord" as a recompence for the 
same that y*^ s<^ Ebenezer shall serve the s^^ Richard Cutt & his 
wife or theire assignes untill he be at y age of 24 yeares 

M' Richard Cutt having taken Richard Corwin son of Richard 
Corwin deceased from the time of his berth & hath Kept him 
to this day (being now at 8 yeares of age) at his owne cost & 
charge This Court sees meete & doth ord'' y*- the s** Richard 
Corwin shall serve the s^ Rich: Cutt and his wife or theire as- 
signes as a recompence unto them untill he arive to y" age of 
twentie foure yeares 

Richard Bodwin a ffrenchman of sherbuck in ffrance being 
complained of to this Court as Living up & downe having noe 
calling nor meanes to Live upon & a stranger newly brought over 
by m"" Sebrit com'and'' of y shipp John of the Hand of Jerzey 
the s'^ Sebrit & s*^ Bodwin were sent for to this Court & Exam- 
ined as followeth 

The s** Sebret being asked w' this Bodwin was, Answ"^ he was 



NEW HAMPSHIRE COURT RECORDS 24 1 

a ffrench man of Sherbuck in Normandy, Left in Jerzey & was 
put on bord him (to bring to New England) by his owners to 
wit sayd Sebrets owners 

The s*^ Richard Bodwin being asked from whence he came, 
Answered from Jerzie where he had Lived one yeare, being asked 
of w' Countrie he was of ansW'^ of Sherbuck in Normandie, 
being asked wherefore he came into this Countrie Answ"^'* to see 
fashions, being asked if he had brought any estate with him, 
answi ]\Tq<3 j^g brought none further saith that he had paid his 
passage to m"" Belhash of Jerzie m''ch* for his passage to Virginnia 
in a shipp of s"' Belhash that was bound thether, but the s'* Bel- 
hash und'^standing there was warr with Spane feared as he s'* 
that if his ship was taken & this french man In her it would be 
damage to his ship & Compa. & so to him, therefore advised him 
to com to New England in a nother shipp he had bound thether, 
but neither would transport him to Virginia nor give his mony 
againe w"** occas'oned him this way & further sayd he should 
be glad to be transported back from whence he came, but sayd 
the master s^ he would put him on shore at y first place he 
came unto out of this harbor. 

The p'misses Considered this Court ord" that the s'^ M"" 
Sebritt doe give bond to the tress"" of this Countie to the sum of 
100' ster' that he y'' s'^ Sebrit transport s'^ Bodwin out of New- 
England from whence he came or otherwayes y* the Country 
may be free of him according as followeth 

Whereas m"" Richard Sebret Comand' of the shipp John of y" 
Island of Jerzey now riding in piscattaqua hath brought over a 
passenger in his shipp by Name Richard Bodwin of Sherbuck in 
Normandy a subject to y ffrench King, & not attending the 
Law of this Jurisdicc'on & not p'"senting his Name unto two 
Magestrates to be allowed, This Court ord" that the s"^ Sebrett 
doe forthwith transport him y« s'* Bodwin out of New-England 
at his owne charge & pay the charge of taking him up & give 
bond to y valine of lOo' Ster^ Soe to doe, or else pay a fine of 
20' forthwith y" Court ord" his owne bond shall serve. 



242 NEW HAMPSHIRE COURT RECORDS 

Constable John pickering is allowed by this Court 12' for his 
Apprehending of w™ Jones for Comitting of Adultery with Risbys 
wife to be payd by the Tress*^: 

Bill of p'^sentm'^ brought into Court 

Martin Hall p''sented for swearing Severall oathes: owned 
Sentence to pay a fine of lo' & fees 2 6^^ 

Henry sherburne for beating his wife severall times, owned 
by him Sentence to pay a fine of 20« & fees 2« 6^^ & to be bound in 
a bond of 5' to be of y'' good behav^ entred below 

The wife of Henry sherburne for beating her husband & break- 
ing his head owned in Court, Sentence to pay a fine of 20^ & 
fees 2« 6*^ to be bound in 5' bond to be of y good behav^ entred 
further 

Martin Hall for Excessive drinking owned : sentence to pay 
a fine of 3^ 4'^ & fees 2^ 6^ 

The Towne of portsm° for not having a p"" of Stockes; Court 
sentence y' the towne ^vide a p'' betweene this & y next Court 
of Associates or pay 5' & fees 2^ 6^^ 

W"" Ellingham for being drunke or Excessive drinking at y* 
ordinary at Dover, owned Sentence to pay a fine of lo' & fees: 

W™ Smith alias Gowin for fighting & bloodshed on y L*^' 
day after y" afternoone meeting owned : Sentence to pay a fine of 
y 4*^ for breach of peace & 5* for breach of y" Saboth: & fees 
2« 6^^ in all io« 10^ 

The Towne of Dover for want of a p"^ of Stockes: sentence to 
get a p'" by the next Court of Associates or pay a fine of 5' & flees : 

m"" Rich: Cutt m"" James pendleton m"" Nath: ffryer Elias 
Stileman being chosen by y« towne of portsm" to end all causes 
y* may arise to 10' & not exceeding took y"^ oath before Court 

Joseph ffeild not entering his appeale ag* Cap' Barefoot ac- 
cording to Law: Court ord" he pay his 40' 

fifrancis Gray being by y Court of Associates bound to y 
Good behavo"" & to appear at this Court to have his bond taken 
of & upon Exam^mac'on this Court finde that his carriage hath 
not been sutable se meete to continew his bond to y*^ next Court 
of Associates wher he is enjoyned to appeare. 



NEW HAMPSHIRE COURT RECORDS 243 

Thomas folHngsly being hound to y"' good behavo' by y" 
Court of Associates & to appcare at this Court & he appearing 
accordingly & nothing appearing but that he hath been of good 
behavo'' since this Court Cleares him of his bond : 

philHp Lewis making a motion to this Court to be ffree from 
com'on training for severall reasons menc'ond in his Certificatt 
und"^ the hand of Cap*^ pendleton, It is Granted to him he pay- 
ing ten shilHngs a yeare to y^ use of y traine band in portsm". 

Cap' Waldren L' Coffin m' John Cutt m'' Ric: Cutt Cap' 
pendleton m"' ffryer m'' Daniell m'' Ric: Stileman motioning this 
Court to have ther Licences to retaile Stro. Liquor &c. renewed, 
it is granted 

m' Ric: Cutt Cap* pendleton m"^ ffryer & Elias Stileman came 
before the Court & tooke theire oaths for y^ end of all causes y* 
come before them not exceeding ten pownds. 

Jer: Tibet y" prison Keeper brought into Court an acco* of 
charge for Keeping of W"" Jones & sarah Risby w*" amounts 
unto 3' 15^ lyes on file the Court ord" y* the tress'' pay him the 
s^ sum. 

At a meeting of Cap' Ric: Waldren m' Ric: Cutt & Elias 
Stileman y*' 30'^ of march 1669 by vertue of Magestratticall 
pow' granted them by the gen. Court doe grant unto Jn" ffletcher 
pow of Administrac'on upon y estate of John Tanner Carpen. 
deceased & ord"" him to bring in to y Next Countie Court held 
at Dover an Inventory of his s** Tanners estate. 

At a Countie Court held at Dover y^ 29'^ June 1669 

p^sent Alaj"^ Gen: Leverit esq^ cap' Rich: Waldren Cap' Rob' 
pike m' John Cutt m"" Rich: Cutt Elias Stileman associates & 
Sworne. 

In answ to y motion & request of the Deputies for yorke- 
shier & piscattaqua Majo'' Gen. John Leverit esqu' is desired and 
by this Court Impowred to Keepe y^ Countie Courts of Dover 
& yorke on y Last tuesday in June next & on y^ first tuesday in 
July next 

By y Court Edw : Rawson Secref 



244 NEW HAMPSHIRE COURT RECORDS 





Gran: Jury 


m'^ Ric: Stileman 


m^ W°» ffurber 


m' George Wollis 


Thomas Layton 


m'^ Jn° Hunking 


Richard yorke 


m'^ Rich: Comings 


John Heard 


L* Walter Neale 


Dec. Jn° Hall 


John Clarke 


William Beard 


Sergt Jn° Hall 


John Moore 


J 


jry of Trialls 


M' Job Clements 


John ffoss 


Ens: Jn° Daviss 


m' John shepway 


James Coffin 


W'" Gotten 


Tho: Roberts Jun"" 


m^ Mattoone 


Sam : Wentworth 


Nehemi: partridg 


Joseph Smith 


Jn° Moses 



Jn° pickering In y^ acc'on of Jn° Kenneston & Ens: Jn° Daviss 

John pickering being som'ons to serve on y Jury of trialls & 
not appearing being Legally called: fined 6' 8'^ 

John pickering Not returning his warr* for y Jury being Con- 
stai^le is fined 2oi & petitioning that he was disabled by y*' hand 
of god, his fine is remitted 

John Amanseen p' ag' Cap* James pendleton phillip Lewis & 
Rich: Slooper def*' in an accon of trespas on y case of tenn 
pownds for Laying oppen his upland & meadow Grownd by 
pulling downe his feenc 

phill: Lewis owned in Court y* he did it as a towns man or 
selectman 

The Jury finds for y*" p' 2'^ damage & cost i : 12: 8 

M"^ Nath'' ffryer ph: Lewis & Henry Langstar p' ag' John 
Kennestone def* in an acc'on of Trespass upon y" Case for 
useing & Improveing of a house & Lands of y" s^ plantiffs at a 
place Called Greenland called or Knowne by y" Name of Cap* 
Champernownes farme & for making Spoile of theire Timber & 
Improving theire house & Land & deteining it from them & 



NEW HAMPSHIRE COURT RECORDS 245 

disowning theire title to y" s^ house & p'misses to theire great 
damage 

Jury finds for y" p' 3' damages & Cost of Court 46* 

The Bench doth not receive this Verdict 

Allexsander Waldren p' ag* W™ fford def in an acc'on of y* 
case of 2' lOMn money or soe much as shall appeare y* y s'' 
Allexsand"" delivered to y" s'^ fford to be p'* for y'' use of y" Allex- 
sand' w'^'^ the s'^ fford hath not yet p'^ w*** due damages: 

Jury finds for the defen* if pease his evedence w*'' other Cur- 
comstances be according to Law to prove y money Lost, if not 
then we find for y plantiff 50 shillings in money damage, & 
Cost I' 12' o 

The Court Judges the testimony not due proofe to prove 
the mony Lost: 

jMaj"" Nic: shapleigh assign to m"" Simon Brodstreete p^ ag* 
ens: Jn° Daviss def*- in an acc'on of trespas upon y" case for Im- 
proving Lands somtime in y^ possession of m"" Vallentine Hill 
& mortgaged to m' Simon Bradstreete & assigned to s^^ shapleigh 

Jury finds for y p' the mortgage & cost of Court 18' 

The Court Concurrs not w*^ y« Jury in this verdicte 

George Walton p' ag* Edw: West def^ in an accon of the case 
for not ^forming of an award made by m'' shapleigh as ^ at- 
tachm* This acc'on was cast out of the Court def*' cost allowed 

24« 

Cap* Walter Barefoote p' ag* m'' Antipas Maverick def* in an 
accon of the case for not Satisfying y^ s*^ Barefoote 30^ or there- 
aboutes in money or such pay as shalbe made appeare disburst 
for y= s^ Maverick his ord- by y s'* Barefoot for y acco* of 
charge of his Son Moses putting to Apprentice with all due 
damages : 

Jury finds for y« defen' Cost of Court i ' o« o^ 

M^ Jn° fifletcher adminisf to Jn° Tanner p' ag' John Pickering 
def* in an acc'on of y case for with holding of a debt of 6' due 
to y^ s<^ Jn° Tanner as appeares und' his hand : with due damage. 

Jury finds for y" p' 6' 5^ damages: & Cost i' o: 6 



246 NEW HAMPSHIRE COURT RECORDS 

Cap* Richard Waldren administra'" to John Webster p' aga' 
peter Glanfield def* in an acc'on of trespas upon the case for 
building & fenceing in part of y*' Land w"** was John Websters 
neere the meeting house in portsm° wherein y title is intended 
y p' was nonsuted : def* allowed 6* 

Lidia Green p^ ag* phillip chesley in an acc'on of Slander: 
withdrawen y^ defen*^ cost is 

The Court upon request considering her Low condicon re- 
mitts the entry of this acc'on def* allowed 2« 6*^ cost: 

Daniell Moore p' ag* m"" Thomas Brattle in an acc'on of ap- 
peale of a case tried at y^ Court of Associates held in portsm" 
the Last 3 day in decemb' 1668: This Court being not a Court 
of appeales declare this acc'on not to be triable here Judg there- 
fore the sentence of y" Court of associates to stand unrevers'^ 
def*^ cost 14^ 6*^ 

Jn° Seaward tooke oath for Constable of portsm" untill an- 
other be chosen & sworne. 

m"" Nathaniell Fryer p' ag* Dan" Moore ^tener with Edm" 
Greene in theire smithes trade def* in an acc'on of debt of aboute 
30' withdrawen allowd y defen* 12' cost 

m"" Nath: ffryer & Cap* James pendleton p' ag* George Walton 
defent in an acc'on of trespas for pulling down theire flakes & 
spoyling theire fish on fort poynt referred from y Court of 
associates held at Dover y" 30 march 1669 to this Court for 
triall of y title & merit of the case: the sence of y Court upon 
exama. of y whole case is entred at y adjournm' 

Jury finds for y p' 20^ damages & cost 

Nehemiah partridg p' ag* Martin Hall in an acc'on of appeale 
from y Com'isso' Court of portsm" This Court being noe 
Court of Appeales this acc'on is not triable here. 

John Amansene p' ag* m"' Hen: Sherburne & Richard Tucker 
Executors to Tho: Walford def*^ for not delivering into his hand 
y^ estate given by y Last will of Tho: walford afores'^ unto 
Tho: walford & Jer: Walford Granchildren & son in Laws to 
y* s*^ Amenseen 

This acc'on falls for want of Legall process: cost 12*: 



NEW HAMPSHIRE COURT RECORDS 247 

Cap* Richard Waldrcn p' in bchalfc of himselfe & ^ten' ag*- 
Leonard Weekes in an acc'on of trespass upon y case for falling 
& cutting & carrying away great quantities of timber of swam- 
cot pattent Land to y great damage. 

Jury finde for y p' 5« damage & cost 3:4:0 

The Court concures not w*** y" Jury in this verdict def^ cost 
20" 6'^ 

Cap* Rich: Waldren p' ag* Henry Sherburne & Sarah his wife 
y relict &. Administratrix of Walter Abbet in an acc'on of y* 
case upon debt for Non paym* for 4 pipes of wine to s^ waif 
abbett in y year 1661 : withdrawen: 

James Thomas & Arthur Benick came into Court and ac- 
knowledged a Judgm* of 44' i^ 10** due unto m'' Richard Cutt. 

M"" Robert Wodleigh came into Court acknowledged a Judg- 
ment of 13' 3^ 6^ due unto m"" Henry Greenland assigne to 
Robert Belgrove according to bill : on file 

M' Robert Wodleigh came into Court & Confest a Judgm* 
of 7' io« due unto W" Browne or his assignes. 

Thomas Edgerly tooke y^ oath of Constable for Dover for y« 
yeare ensuing & untill a nother be chosen & Sworne. 

John Simmons came into Court & acknowledged a Judgment 
of 48' i6« 8'' due unto m"" John Cutt: 

John Thomas one of y Company of shipp Peter m' Rudds 
Comand' being com'itted to prison for sundry misdemeanors 
done abord y s'* shipp as appeares by testimony upon file, This 
Court Sentence him to be whipt upon y bare back to y** Number 
of 20 stripes forthwith 

The s'* John Thomas petitioning this Court to have his sen- 
tence of whiping taken of by a fine, is Granted him he paying a 
fine of 5' in money or goods at money price. 

L* peter Coffin engaged before the Court to pay this fine in 
money or goods equivilent thereunto: 

W"" Randle Jun^ Patrick Jenyson & W"" Roberts Jun' being 
bound over to this Court by Cap' Waldren upon suspition of a 
Rape done to y body of Grace Roberts a Girle of aboute seaven 
yeares old. This Court having Examyned all ^ties that they 



248 NEW HAMPSHIRE COURT RECORDS 

Could receive Light from, ffind y Case soe as that they order 
that they be at p^sent secured in y« prison at Dover, and be 
transmitted to y^ prison at Boston there to be Kept to y further 
triall & that the witnesses be som'oned to appear then & y« 
evedences Concerning the case sent in season : 

W"" Drew of Oister River dying intestate This Court grants 
pow of Administration unto EHzabeth Drew his widdow & 
enjoynes her to bring in an Inventory of his estate unto y* 
next Court of Associates held at portsm° who are to settle y^ 
estate according to Law: 

Rebecca Pickering & Abigail pickering came before this 
Court and Chose m"" Joshua Moodey to be theire Guardian 

Thomas Pickering being und"" age & not in Legall Capasitie 
to chuse his Guardian, This Court therefore appoynts m' 
Joshua Moodey to be his Guardian. 

There being an Imperfect will brought into Court of Jn° 
Pickering deceased the w"'' this court allowes not of Therefore 
grants unto his son John Pickering Administrac'on unto his 
estate he giving in securite to y" Clarke to be responsible for y* 
estate 

John Pickering Brought into Court an Inventory of the estate 
amounting unto 303' 4' 6<^ unto w^ he tooke oath & promised 
to bring in to be added w* further should com to his Knowledg, 

The Court ord" that m'' ffryer be som'oned to appear before 
y™ on satterday next to answ for his selling wine & stro' waters 
as ^ his acco*^ & to give account aboute his administratorshipp 
with widdow greene. 

The Troupers of Dover & portsm° petitioning this Court con- 
cerning excessive fferridg that they pay at Bloody poynt upon 
publique Serviss, This Court taking the same into Considera- 
c'on as alsoe that the fferry is more frequented then at first & 
horse & ffoote growne more Numerus doe ord' concerning y* 
same as followeth: viz^ That the troup" upon all publick serviss 
that they shalbe Imployed aboute in y Countre serviss shall 



NEW HAMPSHIRE COURT RECORDS 249 

hence forth pay but halfe ferridg at Bloody poynt ferry & all 
others to pay 12 peence horse & man, & a single ^son 4*^ & if 
more then one at a time 3*^ apeece. 

Antho: Nutter tooke y" Constables oath for Dover for y^ year 
ensuing 

L' Peter Cofiftn Ens: Jn° Daviss & m' Job Clemonts being 
chosen to Keepe small courts for y ending of causes not exceed- 
ing 10' came into Court & tooke oath for y^ yeare ensuing for 
y towne of Dover 

W"" Roberts Jun"" one of y" prisoners being a simple youth, 
This Court orders that Cap* Waldren take sufficient securitie 
for his appearance at y Court of Assistance, & not sent w**" 
y rest of the prisoners. 

The verdict of y« Jury of Inquest concerning the untimely 
death of Cap* Kertons Cooke 11 Nov' 1668 brought into Court 
& is upon file 

The verdict of the Jury on the death of George Webley 
drowned going over y^ Ice brought into Court & is upon file 

The verdict of the Jury of inquest concerning y^ death of 
George Barton m'^ Job Waltons man brought into Court & is on 
file 

The verdict of h'' Jury of inquest concerning the untimely 
death of Herculus Tayler belonging unto y^ shipp Grace of 
Bristoll, brought into Court & is upon file, & This Court ord' 
that the Court of Associates inqu' further into it 

The Gen. Courts ord' of y^ 14 may aboute fort poynt is put 
upon file 

phillip Cromwell is allowed 24* for his charge aboute W™ 
Jones & Sarah Risby w"'' the tres' is to pay his acco* is on file 

Jn° pickering Constabl: Dep*"" is allowed 6*^ for his returning 
3 quakers to Winter Harbor w^^ y tress' is to pay him 

The Gen. Courts ord' aboute magestratticall pow' & Comis- 
son'« to Keepe small Courts put upon file of this Courts records. 

In Answ' to y^ petision of Jer: Tibbett prison Keeper of 



250 NEW HAMPSHIRE COURT RECORDS 

Dover y* he might be p^' his Sallery: This Court orcl" that y« 
tress'' recoon w*^ him & pay him w^ is his due. 

In answ to y petision of Sundry of Star Island This Court 
ord" that neither Cattle nor Swine shall run at Libertie on 
y s'^ Island to annoy the fish & fflakes but if any doe Keepe cattle 
& swine that they Keepe theire Cattle within enclosiers & 
theire Swine in sties 

M'' Jn° fletcher brought into Court an Inventory of the 
estate of Jn° Tanner deceased amounting unto seaven pownd 
9 shill & tooke oath thereunto & promised y* w* further should 
com to his Knowledg he would bring it in to be added to y« 
Inventory put upon file 

The Last will & testament of y^ Rever'^ m' John Rayner of 
Dover brought into Court & proved by Eld' Hatevell Nutter 
and Deacon Jn" Hall who tooke oath thereunto: Alsoe m" ffran- 
cis Reyner his widdow & Executrix brought in an Inventory of 
his estate amounting unto 657' C2« oo'* unto w"'' she tooke oath 
& promised that if any thing more came to her Knowledg she 
would bring it in to be aded 

In answ"^ to y petition of Martin Hall to remitt his fine of 
20' & to give him 6 m''^ more time to gather up his debts to 
cary home somthing to his wife of his Labour This Court 
Judges he Lives in the breach of y Law still & so noe cause to 
remit y*^ Same, but ord"" him to depart out of this Collony within 
4 monthes or pay 20' more. 

John Kettle of portsm° p'sented for breaking y^ peace cursing 
& swearing sentence to pay a fine of 40^ & ffees: 

Remembrance the wife of Jn« Alt for saying Jn'* Bickford was 
a Lyer & a theefe & other abusive speeces; owned w* she spake 
was in a passion Sentence of Court to have an admonition, 
pay fees: 

Cap* Jn° Reikes his bill of saile for 4 Indians to Cap' Munday 
brought into this Court & is upon file 

The returne of Ens: Davis aboute Knights Division w*'' 
mathew W™' brought in & is put upon file 



NEW HAMPSHIRE COURT RECORDS 2$l 

The names of them y' tooke freemens oath before y" Maj"" 
Gen' 

John ffletcher Joakim Harvy 

Henry Dearing W'" Vaughan 

Tho: Daniell John Sherburne 
Rich: Comings 

At a Court of Adjournm' hekl in portsm" y 3'' July 1669 

This Court confirmes the Administrac'on granted Hester 
Lovering & Cap' Waldren to y estate of Jo° Lovering at y* 
Court of Associates held at Dover y 29 septemb: 1668, & orders 
concerning y estate that y" s'' Hester have one third part of all 
the housen & Land during her naturall life, & one third part of 
other the estate for Ever, & the rest of y^ estate to be divided 
among y« children the eldest Son to have a double portion, & 
further this Court appoynts m'" John Wincoll & m"^ Ezekiell 
Knight to be guardians to y children untill they be of age to 
chuse for themselves or till y*^ Court take further ord^ & that 
y Administra" make a returne of w' they doe herein at y" next 
Countie Court at portsm" 

Mary Saward Administratrix brought into Court held at 
Dover y 30 June 69 an Inventory of y^ estate of her husband 
Ric: Saward deceased unto W^ she tooke oath & promised that 
w' further of y estate came to her knowledg she would bring it 
in to be added : This Court ord" concerning the estate of s'' 
Ric: Saward that y Administratrix pay all the Just debts, & to 
have the use of y rest of y estate for the bringing up his chil- 
dren untill y Court take further ord'" thereaboute. 

This Courts grants pow of Administrac'on to Anthony Ellins 
of portsm'' to y estate of Sam. Drew & ord" him to bring in an 
Inventory of y estate unto y next Court of Associates who are 
to settle the same according to Law 

M"^ Rich: Cutt & Cap* Waldren makeing a motion to this 
Court to have Licence to supplie theire fishermen w'*" wine & 
Liquo" but not any other is granted them : 



252 NEW HAMPSHIRE COURT RECORDS 

m'' Jn° Cutt makeing a motion to have y^ Like Libertie as m' 
Rich : Cutt & cap*^ waldren hath for wine & Liq' is granted 

This Court grants unto Lidia Green & Isaack Tricke pow of 
Administrac'on to y estate of Edm: Green deceased they given 
in bond to Administer according to Law, & injoyns y" to bring 
in an Inventory of y estate to y*= next Court of Associates & 
they to settle y same, & y former Administrac'on to be Null 
for y* it was not according to Law: 

The p^'sentm*^ are all referred to y Next Court of Associates 
to Issue. 

In persuance of an order of y" Generall Court dated the iq**" 
of May 1669 for hearing & determyning the Claimes of any 
that may pretend title to any of the Land by y* ord"" upon y^ 
Create Island sequestred for y^ use of y^ fort erected upon y^ 
fort poynt, George Walton having made his Claime, & pro- 
duced his Evedences & y^ records of y towne being produced 
w**" other evedences by them all w''^ are upon file, This Court 
having well wayed & considered the same doe Judg that George 
Walton hath noe right of Land upon y* poynt Knowne by y^ 
Name of fort poynt on y Great Island, & whereas y^ s<^ George 
Walton hath erected upon the said poynt a small house in his 
owne wrong, The Court giveth him Libertie for to take of 
the s<^ house ^vided he doth Cleare the Ground of the s<^ house 
by y^ Last of August next otherwise the saide house to remaine 
for y^ use of the publick 

Elias Stileman enters his clayme unto an acre of Land Lying 
& being betweene the great rock & the sea neer fort poynt on 
the Gr* Island W^ in part or the whole may be within the compas 
of that Land seperated by the gen. Court this Last May w*=^ 
s** Land s*^ Stileman bought of W"" Brooken given him by Tho : 
Walford & was attained of him frome one stone that dwelt upon 
it & Improved it Long since. 

wee whose names are under written being desired by Goodman 
ffurber to prize a stray bullock doe Judg him worth five pownds, 
the bullock was marked on both eares the upper parts of both 



NEW HAMPSHIRE COURT RECORDS 253 

eares cutt away slooping to y" end y" 22 11 m° 1668 witness o' 
hands: 

John Dam 

Richard X Row his marke 

Recorded the 4"' Janu. 69 y originall put among the records 

^ Elias Stileman Record "■ 

[Court Papers, vol. i, p. 445.] 

The Grand Jurys p'^sentm'^ y® 29^'' March 1670 

George Jones sen'' for being Drunck y beging of Winter 1670 

Neh: Patridge Sam" Rowland wittnesses 

owned in Court Sentence to pay 10^ fine & 2^ 6^^ fees 

m' Henry Shurband & John Kenniston for fighting 

Thomas Avory Sarah Shurband wittnesses 

Sentence to have an admonition 

m'' Henry Shurband & his wife for disorderly liveing & fighting 

James Skate John Barsham Samuel Clarke John Pickering 

Nehemia Patridge wittnesses 

Sentence to pay a fine of 5^ or be whipt forthwith to y^ number 

of 10 stripes Leonard drowne engaged to pay her fine 50^ & fees 
Xtopher Gold for being Drunck y^ first of March 
John Patridge Jn° Barsham Sam: Rowland wittnesses 
departed out of the Jurisdicc'on 
John Bandfeild for being Drunck y 22*^ March 
Thomas Daniel Jn° Hunckins Jn° Sayward wittnesses 
Richard Sloper for being Disgized with Drinck 
m' Nath : ffryer m' Tobias Leare wittnesses 
Rachel Webster Geo: Jones Jun' for being naught & unseemly 

being together 

Waymouth Lissons wife Davis Jones Mary Batchellor Sam" 

Whitly Tho: Hunt wittnesses 

Sentence to have an admo: & cost & ffees Geo: Jones Jun' 

for severall other misdeman" proved in Court case upon file 

Court Sentence him to have 20 Lashes forth with & pay cost & 

fees 



254 NEW HAMPSHIRE COURT RECORDS 

Thomas Stimpson for being disguised with drinke & spueing 
in y^ meeteing house 

Charles Londeare John Davis Jun"^ wittnesses 
this p'sentm* owned Sentence to pay io« & fees. 
Teague Daniel for being drunck & sweareing 
Jn° Meader sen' Charles Londeare wittnesses 
owned 29*'' June 1671 & confest y* y Last he was drunke. 
sentence to pay 40^ 8 & fTees 

W"" Pumfret for selling of Liquor or syder Contrary to Law 
Jn° Winget Rob* Eavans Job demons sen' & Jun' wittnesses 
the fact owned Sentence to pay a fine of 5' & fees 
Dover Towne, for defect of y" bridge at Little Johns Crick 
Jury — testified in Court that it was repaired 
Dover Towne, for not haveing any bridge at Lampry River 
Jury — - Sentence that it be made by the 

Dover Towne, for not haveing a sealer of Leather & sercher 
— Jury 

Dover Towne, for not haveing a p' of Stocks — Jury 
m"" William Bickham ffrances Beale for not comeing to meet- 
ing on y« Lords day according to Law 

Jury — W"" Bickham sentenced to pay a fine of 5' in mony 
& stand .... till it be p'^ & ffees 

Dover Towne, for not haveing a pound as y^ Law requires — 

Jury 

Henry Dering foreman 

At a Countie Court held in portsm" y 28**" June 1670 
p'sent M ' Danforth p'seden t Cap* Waldren Cap* Ro : pike m"" J n" 
Cutt m' Ric : Cutt m' Clements L* pe' Cofiin Elias Stileman Judges 

Gran Jury 

M' Hen: Dering John Alt 

Antho: Bracket Jn° Scrivener 

William Lux Jn° Meader 

Rich: Jackson Rich: Cater 

Sam. Haynes peter Glanfeild 

Benja Mathews John pickering 



NEW HAMPSHIRE COURT RECORDS 255 

Jury of Trialls 

m' Rich: ]\Iartyn J n" Woodman 

m' Thorn : Dainel Rob* Burnam 

phillip Lewis Steeven Jones 

Jn" Sherburne phillip Cromwel 

Jn" partridg Joseph Canny 

Tho : Jackson Samuel Clarke 

Samuel Clarke tooke the oath of fidellitie 

This Court grants pow of Administrac'on unto Tho: Haydon 
to y estate of Jn" Haydon his Broth'" deceased & ord"" him to 
bring an Inventory thereof to y next Court of Associates for 
this county 

m' W"* Vaughan being chosen & returned to serve on the Jury 
of trialls & not appearing fined lo* 

An" Ellins of portsm" & Jn° Lynes of Isles of sholes being 
chosen to serve on the Gran Jury & not appeareing are fined lO'* 
a peece. 

John Moore p' against John Banfeild def* in an acc'on of y« 
case for Staning at his moeing whereby he is much damnified: 

Jury finds for the p' 55^* damages & i' i6« 3*^ cost: 

Aron fferris p' ag* Rich: pomry def* in an acc'on of debt of 
eight quentalls of m'^c* fish & three pownds in refuse fish w*'' 
due damages 

Jury finds for the p' 8 qu** of m* fish & 3' in refuse fish & 15^ 
for forbearance : & costs i ' 3' 9"* 

Lidia Greene Administra'^x to y estate of Edmond Greene 
p' ag* m"" Nath: ffryer Dan. More & Jos: Moss the plan* ap- 
peared not, being Legally called: 

Lidia Greene p' ag* phillip chesley def* in an acc'on of Slander 
for saying y* she was a whore & if she be with child it wilbe a 
bastard for it is not her husbands Getting for he wase not a man 
sufficient: 

Jury finds for y p' 20' damages & cost i' 17^ 6'^ 

W" fford p' aga* Allexsand"" Waldren def* in an acc'on of re- 
veiw: the defend* appeared not y plan* is granted cost i' 8^ c* 



256 NEW HAMPSHIRE COURT RECORDS 

Cap* Rich: Cutt p' ag* Henry Greenland for animating & 
Solicitting m"" Gardner to putt Cap* ffowntaine & Company to 
seaze y" ^son & estate of s*^ Cutts as at Large ^ attachm* y^ 
defen* excepted ag* m'' Daniell one of y^ Jury & was content to 
be tryed by y other 11 : Jury finds noe grownd of accon 

Robert Wodleigh p' ag* Cap* Waif Barefoote defend* in an 
accon of y case for y s'^ Barefootes breaking of Coven** or 
deeds of Saile by his not maintaining & makeing good his title 
to a tract of Land at Lamperele River from m'' Sam: Symonds 
(S:c. as ^ attachment. Jury finds for y p' his Covenant w**" 
all due damages & cost 3' 6" 6^1 

This Court ord" that the Tressur"^ for the time being & Such 
as shall hereafter succeede take care and ^vide for the Court 
neere the meeting house at Strawbery banke upon y^ mayne 
untill this Court take further ord^ 

The Court is adjourn'd to the house of m"^ West on Great 
Island : 

George Norton p' ag* Xtoph' Jose defen* in an acc'on of y^ 
case for the one halfe of 51 hh*^« of salt & Cordidg left in his 
warehouse, withdrawen. y^ defen* is allowed 4* 

George Norton p^ ag* John Hunking def* in an acc'on of y^ 
case for the halfe of 51 hh' salt Layd into his W: house with- 
drawen: defen* is allowed 4^ 

Thomas Canny p' ag* Cap* Waif Barefoote def* in an acc'on 
of debt of 8 pownds due for y" forfiture of a bond of 8' for m' 
Cordings appearance at a Countie Court held at portsm° in June 
1664 Jury finds for y^ p^ the bond according to Countie Court 
record & cost of Court i' 13* o*^. when the Court came to y* 
Chansering this bond the p' appeared but the defend* did not 
being called. After the defend* came in & tendered his appeale 
& the s'^ defen* together w*'' m"" Hen: Greenland acknowledged 
themselves to stand bownd in y" sume of sixteene pownds to 
^cecute this appeale at y^ next Court of Assistants according 
to y^ Law of appeales. 

M' Edw: Hilton p' ag* m"^ Andrew Wiggin in an acc'on of 



NEW HAMPSHIRE COURT RECORDS 257 

trespas on the case for damage done in his Corne by m"" Wiggin 
swine withdrawen defen*^ cost allowed is 13* 4*^ 

Jn° Walters p' ag* John Bickford in an acc'on of debt for 
Nursing his Child withdrawen 

Walter Barefoote p' ag' Robert Wodleigh def' in an acc'on of 
the case for with holding of a debt of 80' due for Lands Sould 
s'' Wodleigh &c. Jury finds for y" defen* cost of Court 2^ o^ 6^ 

Granted an execu" for this cost the 7*^ octob"" 1670 

Walter Barefoote assigne of Abraham Corbett p' ag' John 
Pickering defen' for w"' holding a debt of twelve pownds due 
by bill w"' due damages The p' & defend' being called the 
defen' appeared not, fforfited his bond, afterward upon mutuall 
agreement the defen' had Leave to make a new entrie paying 
halfe entry anew: 

Wa"- Barefoot ass: to Abra. corbet p' ag' John pickering 
defen' in an acc'on of debt of 12^ due by bill: Jury finds for y« 
defen' Cost Cort 17^ 6<^ 

Henry Greenland atturney to Jn" Jeffard p' ag' Robert Wod- 
leigh defen' in an acc'on of y" case for not paying a debt of 
1 0000 foot of m'ch' bords w'^ due damages Jury finds for y^ 
p' loooo foot of m' bords with 20« forbearance & cost i^ 17^ c^ 

Cap' Walter Barefoote p' aga' Cap' Edw: Clements def' in 
an acc'on of y case for not paying y" said Barefoote or being 
accountable for a bond of 60' wherein m^ Sam. Warkeman was 
bound to pay the s'^ Barefoote 30' 7^ or thereaboutes in mony 
or m'^ch' fish & s'* Barefoot assigned s'^ bond to s*^ Clements: 
withdrawen The defen' is allowed 18^ Cost 

Cap' Waif Barefoote p' ag' Robert Wodleigh def' in an 
acc'on of debt due by bond to y valine of 191' 06' 00^ with due 
damages 

Jury finds for the p' the bond of 191' 6* & cost Court 

The Court doth Chancer the bond & allow the p^ the originall 
debt of 95' 13" with 31 • to be added to it cost is 3' 7' y^ 

m^ W"" Vaughan p' aga' John Browne defen' in an acc'on of 
debt due by bill of one pownds 7^ withdrawen 



258 NEW HAMPSHIRE COURT RECORDS 

Jane Walford p' ag* Robert Couch defen' in an acc'on of 
Slander for saying the s<^ Jane was a witch and he would prove 
her one m"" Rob* Couch owned in Court that he did say soe to 
m"" Dering 

Jury finds for y*" p' 5' damages & i' o^ 6*^ cost court 

m"" W" Beakham p' ag* Abra: Corbett def* in an acc'on of debt 
upon acco* & booke to y vallue of 20 ^ or thereabout Jury finds 
for y« p' 14' 9« s*! & cost of Court y^ def* being not in this Jur- 
isdicc'on the Judgm* is not to be enterd untill next Court, at a 
County Court held at Dover y 27*^ June 1671 the Court grants 
Judgm* to y^ p' Elias Stileman Cleric 

Cap* Ric: Waldren p' ag* Hen: Sherburne & Sarah his wife 
relict & Executrix to the Last will of Walter Abbett def* in an 
acc'on of y*^ case upon debt for y"= s'l Abbets nonpaym* for 4 
pipes of wine in 1661 in fish & other charges w**" due damages: 

Jury finds for y^ defen* Cost of Court I2« 

Cap* Richard Waldren Administra"" to Jn*' Webster p' ag* peter 
Glanfeld in an acc'on of trespass on y case for building & feenc- 
ing in part of the Land w"'' was Jn" Websters neere y meeting 
house at portsm" wherein the title is intended 

The Jury finds for y defen* cost of court 6^ 

the bench doth not concur w"' y Jury in this verdict the p' 
cost is 2' o* 6** 

Jn" ffabins pla* ag* m' w™ Croscom def* in an acc'on of the 
case for a debt due upon acco* to y vallue of 9' y withdrawen: 
Bill of p'sentments 

W'" Durgin & his wife p''sented for Comitting of fornication 
before marriage Confest Sentence to be forth with whipt to y 
Number of 10 stripes a peece or redeeme it by a fine of 50* a 
peece & fees, they engaged to pay the fine. 

Aron fferris being complained of to this Court for abusing 
m"^ Henry sherburne & his wife, proved. Sentence to pay a fine 
of 20^ mony & ffees 2« 6'^ 

Robert Watson for swearing & other uncivell carriages to the 
millitary ofificers of Dover on a Trayning day proved. Sen- 



NEW HAMPSHIRE COURT RECORDS 259 

tence to be whipt to y number of lo strips or redeeme it by a 
fine of 5' mony & ffees: he engaged to pay his fine 

James Nute Sen' for saying at a publick towne meeting in 
Dov L' Coffin reading some gen. Court ord" that the Gen. 
Court had written a Company of Lyes & he read them proved, 
alsoe confest that on y" first day Last was Seaven night he had 
a meeting in his house being asked the reason whie he did not 
com to y" pubHck meetings answ*^ that to them, whores & 
Rouqes & drunkards came W" he could not Joyn w**" Court 
sentence him to be whipt to y" numb' of 5 stripes or pay of 5' 
he chose to pay 5' & fees: 

Isaack Stokes for not coming to meeting on Lords dayes, 
being called appeared not, but had acknowledged to Cap* 
Waldren that his povertie & want of clothes did make him at 
p'sent unfitt but would attend for y future, w"^ satisfied y Court 

Rachell Webster for Keeping III orders in her house by Letting 
persons have soe much drinke whereby they abuse themselves: 
Sentence to sett in y*= Stockes or pay a fine of 20^ & fees: 

Richard Woolcom for selling brandy after 16* ^ Gall. & bear 
at 4*1 ^ q* not found: is discharged: 

Ralph Twamley for not coming to publick meeting one the 
L**' dayes: he would be tryed by the Jury: who brought in 
guilte The Court sentence him to pay 30^ whereof 10^ for y^ 
Jurys time 

respitted untill y next Countie Court 

John Moore being complained of to this Court for Striking of 
Edw: Beale the w^^ he owned in Court, Sentence to pay s'* Beale 
20' & 20' as a fine to y Countie & fees: 

Edw: Gold being bound over to this Court for Stealling of 
fish from Jn° ffabins on Star Island & owned by him. Sentence 
of Court is that he pay 3 fold viz* to returne y^ fish & pay 4^ to 
Jn° ffabins & to be whipt to y^ number of 15 stripes or pay a 
fine of 5' mony & ffees he engaged to pay his fine 

W" Beakham appearing before this Court to answ his p'sent- 
m^ of y*' Gran jury for absenting himselfe from the publick 



260 NEW HAMPSHIRE COURT RECORDS 

worp of God on y L"^^ dayes, openly declaired y^ grownds thereof 
to be as followeth : viz* That he knew noe differrence of dayes nor 
any grownd for anye externall forme of worshipp but all that 
Christ required was in the spirit, The Court on hearing of his 
pernicious principles soe openly declaired Sentence him to be 
admonished of his great evell therein, & to make his appearance 
at y^ next Court of Associates in this Countie to give his further 
Answ thereto, & pay ffees: 

Tho: Canny Jun'' tooke oath of Constable for y Towne of 
Dover : 

Sam. Clarke tooke y^ Constable oath for y" Towne of portsm° 

David Camball appearing before y" Court to answ y" p^'sentm* 
of the Granjury for retailing of wine contrary to y" Law tit In- 
keepers pleaded the p^'viledg of the Law to be Tryed by a Jury 
w"^ being granted by the Court, & Jury pannelled on purpose to 
try y^ same they having heard & considered of pleas & eve- 
dences p'"sented in y^ case w^*' are on file, brought in theire verdict 
finding y s^ Cambell Guiltie of y abovs'^ breach of y Law: 
The Court finding y* y^ said Cambell having been formerly con- 
victed of y Like offeence & had given bond in the penaltie of 
50' for his good abearance to all persons & in all things declaired 
said bond to be forfeited by his misdemeaner above named 
whereof he stands Legally Convicted & doe sentence him to 
pay y^ s'* fiftie pownds & Cost of Court 30 shillings, And alsoe 
that he shall give 50 pownd bond with sufficient Sureties for his 
good abearance for y future & in Speciall for the observance of 
y aboves'^ Law tit : Inkeepers, & in case of refusall to be comitted 
unto y prison untill y next Court of this Countie 

The Court grants him a weekes time to put in bond or else 
goe to prison 

John Harker being complained of & appearing before y* 
Court for being drunke swearing & Cursing & breaking Sarah 
Lydes dore & window, being Legally convicted thereof, is sen- 
tensed to pay a fine of 40 shillings or be whipt to y* number of 
ten Stripes & ffees: chose to pay his fine 



NEW HAMPSHIRE COURT RECORDS 26l 

The Court grants Administrac'on to y estate of Jn" Woodes 
deceased unto his father Richard Woodes of Boston who brought 
in at y'= same time an Inventory of his estate amounting unto 
26' o' 6^^ unto w"*" he tooke oath: & is upon file 

Olliver Kent of Oister River dying intestate This Court 
grants his widdow Dorothy Kent & Jn° Bickford power of ad- 
ministrac'on to his estate amounting unto 113' 12* oo'' unto 
w*'*' she tooke oath: 

Ralph Twamley motioning this Court to be free from Com'on 
Irayning at Dover is granted him 

John Winsland being bound ov to this Court to answ for 
his striking his wife & not appearing y^ Court declares his bond 
for fi ted 

M-" Richard Cutts complaining to this Court that m" W"* 
Bickham had gott his goods out of y hand of the officer who 
by vertue of a warrant had destreined on them to Satisfie ac- 
cording to Gen. Court ord'' for shipp powder This Court having 
considered the same order him to pay 3' in money for powder 
due & charge for sending for it 

W" Roberts Jn' being bound over by the Court of assistance 
to this Court to heare & determyn the case of s"^ Roberts con- 
cerning a rape done upon his sister This Court having considered 
the case adjudg him to be whipt forth with to y number of 10 
Stripes upon y bare back & ffees: 

John Mussell with his owne ffree Consent by ord"' of this 
Court shall serve m'" Henry Dering as an apprentize for the 
terme of seaven yeares from this time, & the said Henry Dering 
is to Learne him to be a m'ch*, & if any appeare in the meane 
time that may & shall Claime a better title unto him they paying 
s<* Dering his charge & expences on him they shall have him 
againe. 

W"* ffurber whoe had pow' granted of Administrac'on by y 
comisso" y* have Magestrattical pow y 29 sep* 1669 brought 
into Court an Inventory of the estate of Henry Jenkins amount- 
ing unto 3' in y^ hands of m' ffryer: put on file 



262 NEW HAMPSHIRE COURT RECORDS 

M' Richard Cutt complaining to this Court of m' Henry 
Greenlands abusing of him & SoHciting m' Gardner to engage 
Cap'' ffowntaine to attempt the seazing his ^son & estate upon 
hopes of much he may gaine thereby as by testimonys upon file 
This Court ord" that s<^ Greenland give bond to the vallue of 
I go' for his appearance at y^ next Countie Court held for this 
Countie then & there to make answ^ to w* he shalbe charged 
with touching the p-^mises 

Henry Greenland & Walter Barefoote doe acknowledg them- 
selves to stand bound to the tres^ of this Countie in y "^ sume of lOO' 
ster^ that the s"^ Greenland shall ^sonally appear to answ the com- 
plaint above at y^next Countie Court held at Dover or portsm" & 
to abide the ord' of y« Court & not to depart without Licence 

Whereas there are Sundry complaints exhibitted to this Court 
against m"^ Henry Greenland of his reproaching this Govment 
and Injuries done by him to y" complainants and s'^ Greenlands 
charges against them, & in open Court declairing that he would 
prove severall baudie houses in y^ Lower end of Kittery &c. 
All w"** this Court upon considerac'on finding both persons & 
matters to be w*^in y^ Jurisdic'on of y^ Countie Court of york- 
shiere Judg most fitt to be heard in y^ Countie Court of y* 
shire Therefore ord"" that the ^sons concerned appeare there 
& that all y*' testimonyes be Transmitted unto y^ next Countie 
Court held at Wells the first tuesday in July next by y^ Clarke 
of this Court for a full hearing of y" same. 

John Amenseenes petition & Answ"^ thereunto put upon file 
in records of this Court. 

The tress' to allow John Griffin i8^ for fetching Jn" Harker c*^ 
witness 

The Land of W"* Drew confirmed to fTrancis Drew as ^ Court 
ord' entred In the foot of Dover Grant now on file 

The dividing of John Goddards estate by those appoynted 
is putt on file in this Court records: 

This Court grants Administrac'on unto the estate of Cap' Jn" 
Sealy deceased to his Brother W" Scaly & Elias Stileman 



NEW HAMPSHIRE COURT RECORDS 263 

W"" Lucoms petition & answer at y" foote thereof put upon 
file 

This Court grants SolIomyWyatAdministrac'on unto y" estate 
of Jn" Wyat her deceased husband who brought into Court an 
Inventory amounting unto 94' 13* 4*^ to w"'' she tooke oath 

The Last Will of Thomas peverly brought into Court & 
proved by Jn" Westbrook & Rich: Tucker who tooke oath 
thereunto alsoe an Inventory of his estate brought into Court 
amounting unto 191: 5: 9 unto w^ his widdow tooke her oath 

Mary Nott servant to m"" Richard Cutt being bound over to 
this Court for stealing from her s<i master & confest by her to y" 
valine of 22^ 4^ 00 the Court Sentence her to pay 3 fold viz 44' 8« 
besides the sum above of 22' 4' received againe & to be whipt to 
y" number of 20 stripes forth with & pay costs 26^ Constables 
charg & fees 

In Daniel Daylyes box found to y" vallue of 6' taken from m' 
Ric: Cutt but being run away nothing further could be done 

W™ Walker & Allice his wife for Stealing from s'^ m^ Cutt 
W^ was fownd in theire box & apprized to y^' vallue of l' 18* o 
for which It being owned & proved : the sentence of Court is that 
they have 20 stripes a peece & pay 3 fold viz* two 3^^' more then 
y* sum of 1 : 18^ w"*' is by s*^ Cutt rec. againe & pay cost 20* for 
constables charge & ffees 

David Goodin servant to s'^ m' Rich: Cutt for his Stealing 
severall things from his s^ m"" & suffering the above named to 
take severall things out of the shopp, is Sentenced to be whipt 
to y^ Number of 20 stripes forth with & ffees: & pay cost i6« 
constables cost. 

Dermond Usher for conceileing boxes brought to his house 
of the above named wherein the goods Stolen were is Sentenced 
to have an admonition & pay fees: 

Ordered y* y" Com'ittee appoynted by y Generall Court for 
the fort in portsm'' doe forth with take & Settle y^ acco*^ for 
disbursments thereon, & Levy Such a rate on the Inhabitants 
of y« Countie as they shall find necessary for y^ Satisfiing thereof 



264 NEW HAMPSHIRE COURT RECORDS 

& finishing what yet remaines necessary to be further done for 
the Compleatting thereof. 

upon the motion of these und"^ named y Court grant Licence & 
renuell for selHng wine & Liquor by retaile 

Licence granted unto Cap* Waldren L* pe Coffin m' Martyn 
m"^ ffryer m"" shepway Cap* pendleton m"" Dainel m"^ Dering 
m"^ R: Stileman m'' Vaughan 

m^ Jn" Cutt m'^ Ric: Cutt Tho: Beard James Waymouth Rich: 
Wilcom Licence renewed 

Portsm° At a meeting of the Comis" who have magestrattical 
powers In Dover & portsm" y*' 7*^ day of march 1670-71 viz: 
Cap* Waldren m"^ John Cutt m"" Ric: Cutt EHas Stileman 

Granted unto John ffabins & James Blagden Administration 
to the estate of Edward Cater deceased & ord"" them to bring 
an Inventory of y" estate into y" Court of Associates next held 
at Dover y^ Last 3^ day of this Instant march: 

Ric: Waldren Jn° Cutt Elias Stileman 6 Apr: 1671 
Granted to Edw: w°' sam: & charles Hilton Administrac'on 
to y* estate of m"^ Ed : Hilton deceased & they are enjoyned to 
bring in an Inventory of y^ estate to y^ next Countie Court 
held at portsm° or Dover: 

portsm" y^ 24 of Aprill 1671 At a meeting of those in Mages- 

tratticall pow 

p^sent m*" Jn° Cutt m' Ric: Cutt Elias Stileman comis" 
Granted to m"" Nath: ffryer power of Administracon on y^ 

estate of m"' phillip Babb of Isles of sholes who dyed intestate & 

he is Injoyned to bring in an Inventory of y estate to y^ next 

Countie Court held at yorke 

At a Countie Court held at Dover the 2j^^' June 1671 

p'^sent Cap* Dan: Gookin assis* Cap* Ric: Waldren m' John 

Cutt m"" Rich: Cutt Elias Stileman associates whoe then tooke 

that oath: 



NEW HAMPSHIRE COURT RECORDS 265 

Gran Jury 

Deacon John Hall L* W^ Neale 

Robert Burnam S'g' Bruister 

John Hill W" Cotten 

John ffost Jos: Walker 

John Ham Sam Clarke 

Hen: Langstar W" Hilton 

Jury of Trialls 

John Woodman Ens : Nath : Drake 

An° Nutter Tho: Brackett 

Tho: Roberts George Wollis 

phillip Cromwell John pickering 

Robert Evans Nehem: partridg 
Steven Jones 

John Kennistion John partridg added for some acc'ons in y<^ 
roome of Jn" pickering & Neh: partridge 

John Clark & John Lewis being Som'ons to serve on y« Gran: 
Jury and not appearing is sentence to pay a fine of ic apeece 

[Court Papers, vol. i, p. 573.] 

28 June 1 67 1 presentments given in by y grand Jury 

we present David Kamball for lying in slanderously informing 
M"^ Harvey Constable y' m"" Edward west of y*' great Hand was 
drunk 

wittne M"^ Harvy Constable and a writing unde y" sayd 
Daved Kamballs 

proved sentence to pay a fine lo^ & ffees 

we present y Constables of Dover for not proveyding stand- 
ards for wayts an Measuer for y tryall of wayts an Measuers 
for y^ said Towne of dover accord to law 

wittnes y^ grand Jury men of Dover Deacon Jn° Hall RolV 
Burnum 

we present Nathaniel Lumerks and Joane y*^ wife of Phellip 
Chesly senior for prophaning y lords day in using & Hering 



266 NEW HAMPSHIRE COURT RECORDS 

unmeet and reviling preeyrs on against y other as they were 
going to y meeting 

wittnes Roberd Burnam grand Jury man and Mary Pittman 
of oyster River 

John Hall in y behalf of y*^ rest 

Jone chesley appearing in Court of Associates held in portsm" 
26 sep* 1 67 1 & y court se cause & doe enjoyne her to appear at 
y next Court of Associats 

M' Richard Wharton p' ag* Edward West defen* in an acc'on 
of the case for with holding of a debt of 23 • in money of New- 
England or soe much as shall Jusly appeare to be due: 

Jury finds for the p' 18' money & 34^ cost Court 

Lidia Green & Isaack Trickle Administra" to Edm: Green p' 
aga* m'' Nath : ffryer in an acc'on of the case for receiving & dis- 
posing of y^ goods of s*^ Greens & giving noe acco* as ^ attachm* 

Jury finds for the defen* 13^ 

M' Hen: Dering W" Gotten & the rest of the Select men of 
the Towne of portsm° in behalfe of y s*^ town p' ag^ Jn" 
Amensene def* in an acc'on of y case conserning the title of 
Sundry acres of Land Imropriated & fenced in of the townes 
on Great Island w"^ he pretends was given or Layd out to him 
by the Layers out for one acre of Land granted to him & noe 
more by y s'' towne, with all Just damages: 

Jury finds for the defendant — This verdict the Court or 
bench doth not accept 

Allexsand"" Waldren p' aga* David Cembell defen* w'*' drawen 
And David Cambell acknowledged a Judgm* of 26 pownds in 
ffish m'^cht''^'' or mackrell or other goods to content of sayd 
Allexsand' to be due unto him 

Grant an execution 28 June 71 

W" fford p' aga* AUexsand"" Waldren defen in an accon of 
review of a case tried at a Countie Court held at Dover in June 
in y" yeare 1669 concerning money lost at sea: 

Jury finds for y" defend' cost 14^ 6^^ 



NEW HAMPSHIRE COURT RECORDS 267 

Henry Greenland p' aga' John Pickering defent in an acc'on 
of debt due by bill to the valine of 200' w*^ due damages, after 
much dispute the p' & defn* were willing to Joyn Issue: 

Jury finds for y" defcn* cost of Court i8« S'* 

The p' appeales from this sentence unto y next Court of 
Assistance held at Boston, and Cap* waif Barefoote & s** 
Hen: Greenland bind themselves in 100' bond to procecute this 
appeale to effect according to y Law of appeales. pla* cost 
18" e^' 

Thomas Williams the husband of Ann W">^ his wife y^ relict 
of m' Tho: Wannerton pla* aga* m"" Richard Cutt deft in an 
accon of y" case for refusing to lett him have the thirds of a 
house & Land at Strawbery banke w*'^ her former husband 
Wannertons : 

Jury finds for y^ defendant Costs 

Richard Allexsander p' aga* Robert Wadleigh defen'^ in an 
acc'on of y case for with holding a debt of 16' m* boards due by 
bill with forbearance & due damages: 

Jury finds for y" p' 23' damages & cost Court i ' 17^ 6^ 

Granted an execution y 24 July 1671 

George Jones sen"" & George Jones Jun' & Rachel Webster 
p' ag' Thomas Hunt defen* in an acc'on of Slander as ^ attachm* 

Jury finds for y" p'« 2'^ damages & cost Court i' lo' 6^ 

Granted an execution July 1671 

Thomas Avery p' aga* phillip Lewis def* in an acc'on of trespas 
upon the case for throwing downe part of y ffence of his Corne 
feild whereby 3 acres of his Indian Corne is quite destroyed 

Jury finds for y^ p' 11' damages & cost 2' 19^ o*^ y^ defent 
appeales & the defts cost is 2' 2' 5^* s'^ Lewis & Hen: Roby stand 
bound in 22 ' bond to ^cecute this appeale to Court of assistance 
according to y- Law of appeales: 

Arther Bennick came into Court & acknowledged a Judgm* of 
9' ii« 6^* in m^'c*^ pine bords due unto James Smith, this was 
upon an acc'on entred in y^ west 

Granf^ an execution 28 June 71 



268 NEW HAMPSHIRE COURT RECORDS 

ffrancis Morgan p' ag* Edward Colcord def* in an acc'on of 
the case of assault & battery as ^ attachm* 

Jury finds for the defen* Cost of Court 

Charles Hilton p' aga* Abraham Drake Hen: Green & L* swett 
def** in an acc'on of y" case for unjustly dispossessing him of his 
house & Land at portsm" &c. as ^ attachment 

Jury finds for y^ defent Cost 4^ I2« y^ p^ cost is 2: 16: 3'* 

The p' appeales from this sentence unto the next Court of 
Assistants held at Boston & Cap' Barefoot & Hen: Greenland 
bind themselves in the sume of 200' that the p^ shall ^cecute 
this appeale to effect according to y Law of appeales 

Charles Hilton p^ aga* Henry Dering in an acc'on of appeale 
from y^ Court of Associates 

Jury finds for y^ p' the reversing of that Judgm' & cost 25* 

George Norton p' against Xtop' Jose defen* in an acc'on of the 
Case for with holding of aboute 5 hundred weight of Cordidg 

Jury finds for y^ defen* Cost of Court 

George Norton p^ aga* John Hunking & Xtop"^ Jose in an acc'on 
of the Case for with holding a debt due for 50 hh''« of salt at 
20« ^ hh^ 

Jury find for the defen* cost of Court 

Hen: Greenland p' ag' Jer: Tibbett in an acc'on of y" case for 
unjustly & Illegally letting goe or escape the body of Rob* 
Wodleigh w"'' was dd to him by authoritie of two executions: 

Jury find for the defen* cost of Court 4^ 6^ 

W"' Richards p' aga* m'^ Richard Cutt defen* in an acc'on of 
appeal from the Court of Associates held at strawbery banke 
27**" decem^ Last 

Jury finds for the defen'' 8^ damages & cost 1^4*0'* 

Gra' execution 24 July 71 

y[T 'W™ Bickham p' aga* the towne of portsm" in an acc'on of 
Replevin The p' having not given the Towne a som'ons nor 
the bond appearing w'^ s^ Bickham had given to procecute his 
replevin there could be nothing done in this case. 



NEW HAMPSHIRE COURT RECORDS 269 

The virdict of the Jury concerning the untimely death of Tho: 
Homsly is putt upon file of this Courts records 

The verdict of the Jury concerning y« untimely death of 
Nicholas Bovey brought into Court & lies upon file 

David Cembel Attaching Jonathan Mendum to this Court tS: 
not entring his attachm* the Court allows s*^ Mendum 8' 

This Court being Informed that y^ widdow webster Liveth 
alone by her selfe & Keepes bad ord"" in her house by privat seling 
of Rhum & wine contrary to Law & suspic'on of uncleanncss: 
Therefore order that the select men of the towne of portsm** 
within 10 dayes of this date dispose of her into some good house 
of Goverment to Serviss & to worke & Labor & they to Lett out 
her house to rent for or towards her maintainance, & upon theirc 
neglect hereof to pay a fine of lo' 

Upon Information to this Court that Edward West suffers 
gameing to be in his house & for swearing & drunkenness & all 
being proved by testimony on file the Court sentence him to pay 
for suffering gameing in his house 20« & swearing io« & being 
drunke 10^ & ffees 30^ all to be p^ in money 

Cap' Richard Waldren L* peter Coffin & Elias Stileman are 
by this Court appoynted a Comitte to heare & Auditt y^ Tres- 
surers acco' & to make a rate if they See neede. 

Upon the motion of m" Katherin Hilton to have her thirds of 
her deceased Husbands m' Edw: Hilton his estate Sett out for 
her This Court nomynates & appoynts m- Jn° Oilman m"^ 
Sam^' Dolton & m'' Edward Hilton or any two of them to be a 
Com'itte to Lay out the same according to Law unless y s'' 
Katherin, heires & Administ" shall other wise agree 

This Court Grants unto m"" Jn'' ffabins power of Administracon 
on y estate of Gregory churchwood, deceased, & the s^ Jn" 
ffabins brought in an Inventory of y^ estate at y<= same time 
amounting to 1 1 ' 1 1 peence unto w"*' he tooke oath & promised if 
anything more came to his Knowledg he would bring it in to be 
added, more brought in In fish & oile 2' 10^ 10^ 



270 NEW HAMPSHIRE COURT RECORDS 

In pursuance of an ord*^ of. the Gen. Court for the Settling of 
Comissiners to end small causes at lies of sholes & to Give oath 
& to Marry This Court appoynts & Impow" m"" peter Twisden 
m' John ffabins & m'' W"" Sealy as Comisson" to end small causes 
& m' peter Twisden to Marry, & to give oathes that shall pass 
in all Courts in this Jurisdicc'on, & further they confirme him 
Clarke of the writts, & that they come to some of the Commis- 
son"^^ in portsm" to take theire oathes. 

Granted unto James Blagden power of Administrac'on on the 
estate of Thomas James deceased & engage him to bring in an 
Inventory of the estate to the next Court of Associates held at 
portsm". 

Samuel Wintworth being bound over unto this Court for sell- 
ing of wine & Liquors without Licence & proved in Court they 
sentence him to pay a fine of 5Mn mony & to stand comitted till 
it be paid & ffees. 

Zachariah Trickle being bound over to appear at the Court of 
associates to answ"^ for severall misdemeaners & to abide the 
ord'' of the Court, & departing without Licence, the s^ Court 
ord"''^ that an attachm' should be Issued out for his appearance 
at this court to answ for the forfeiture of his bond of 40* & he 
appearing this Court sentence him to pay the s'* 40^ & to stand 
comitted untill it be p*^ or he give securitie for the paym* of it & 
fees Tho : Beard engaged for it 

Jenkin Jones Zachariah Trickle Joseph Downing & Jo" Bick- 
ford Jun"" being bound over to this Court by cap* Waldren to 
answ for severall misdemaners comitted by them on a training 
dat y^ 17*'' Aprill 1671 w^ were confest & proved in Court 
The Court sentence is as follows viz That John Bickford shall 
pay a fine of 10^ for fighting & io« for being drunke, & fees Zach : 
Trickle for takeing & pulling down the Constabl: by y^ neck- 
cloth 20^ Joseph Downing sentence to pay 20« & fees 

Jenking Jones for being drunke & quarrelling 20^ & fees 

It appearing that Jer: Tibbett prison Keeper Opened y 
prison dore & Lett y" prisoners have light & had like to have 



NEW HAMPSHIRE COURT RECORDS 27 1 

burned downe the prison the Court sentence him to repaire the 
prison at his owne cost as good as it was before by y" 15^*' July 
next or pay 5' & ffces: 

John Bickford sen"" motioning this Court that by reason of his 
age he might be free from com'on training at Dover is Granted 
him he paying 5^ ^ anim to y" use of the traine band there. 

John Bickford sen"^ Rob* Burnam & James Cofifin came before 
y° Court & tooke the ffreemens oath 

George Jones sen' p''sented for being drunke the begining of 
winter 1670 owned in Court, Sentence to pay a fine of lo* & fees 

M"" Hen: sherburne & Jn° Keneston p'^n^'* for fighting sentence 
to have an admonition & ffees: 

M' Hen: Sherburne & his wife p''sen^ for disorderly Liveing & 
tighting he owned that they Lived disorderly : The Court Sentence 
them to pay a fine of 50* a piece or to be whiped to the numb' 
of 10 stripes a peece they chose to pay there fine, & ffees. 

John Banfield for being drunke y" 22^ march last: it was 
owned in his behalfe in Court, sentence to pay 10^ & ffees. 

Ric: Sloper for being disguised with drinke owned Sentence to 
pay a fine of 3* 4^^ & ffees. 

Widdow Webster & Geo: Jones Jun' for being naught & un- 
seemly being together there being not full proofe of theire being 
naught tho : much suspected The Court sentence the widdow to 
have An admonition And the s*^ George Jones for severall other 
misdemeanors proved in y Court the testimonys putt upon file, 
is sentenced to be whiped forth with to y number of 20 stripes & 
pay cost & ffees: 

Thomas Stevenson for being disguised with drinke & spewing 
in the meeting house owned, Sentence to pay 10* & fees 

Teage Daniel for being drunke & swearing owned. Sentence 
to pay a fine of 40^ & ffees: 

W™ Pumfrett for selling of Liquor or cider contrary to Law 
owned sentence to pay a fine of 5' & ffees: upon his request to 
remit his fine the Court grants the respetting of 4' thereof till 
they see meet to call for it & ord"" that he pay 20^ downe. 



272 NEW HAMPSHIRE COURT RECORDS 

The Towne of Dover for defect of the bridg at Little Jn"" 
creek It was testified in Court that it was repaired. 

M"^ William Bickham for not coming to meeting on y^ L*^' day 
according to Law, sentence to pay five pownds in mony downe 
or stand comitted till he doe & ffees: 

David Cambell p''sented for Lying, slanderosly informing m'' 
Hary Constable that m"" Edw: West of Gr* Island was drunk 
proved. Sentence to pay a fine of lo^ & ffees. 

Tho : Trickle moving to have his Licence renewed to sell wine 
& Liquor at Bloody poynt by retaile is granted. 

Tho : Beard of Dover motioning to have his licence renewed to 
Keepe a house of com'on entertainem*^ & to retaile wine & Liquor 
is Granted. 

Cap* Waldren & L* Coffin moving the Court to have their 
Licences renewed to retaile Liquor & wine to theire workemen is 
Granted them: 

James Waymouth & Ric: Wilcom of Star Island requesting 
this Court to have their Licence renewed is granted y" they ob- 
serving the Condic'ons of theire first grant 

M"" W"" Vaughan requesting to have a Licence to retale wine 
& Liquors to his ffishermen on Isles of sholes is granted 

The Court is adjourned downe to Strawbery bank the i* of 
July 12 a Clock being Saterday 

At a Court of adjournm* the i of July 1671 

Edw: poore complaining that he had Som'oned Leonard 
Weeks to answ his compla* for deteining his wages & s'^ Weekes 
not appeareing, the Court grants y^ complanant 8^ for his at- 
tendance & grants further that he shall sue for his wages in 
forma papars 

Thomas Avery appoynted by this court to be executioner for 
this Countie & to be allowed 5^ ^ day for his attendance during 
the Courts Sitting & halfe a Crown a peece for every one he 
executes his office one to be p^ by the Tress'^ of y" Countie 



NEW HAMPSHIRE COURT RECORDS 273 

There being p'"sented unto this Court a complaint by Sundry 
the Inhabitants of Portsm" concerning George Jones Sen"" & 
Mary his wife & George Jones Jun' of y^ abusive carriages both 
in words & otherwayes as appeares by y" testimony putt on file 
in as much as Robert Pudington & Rich : Shortridg have Sworne 
themselves & wives goe in feare of theire Lives of them: This 
Court having considered the testimony & weighed this matter 
doe sentence & ord' that they be all three of them bond to the 
peace in a bond of lo' a peece, that they carry it peaceably 
towards all ^sons & in Speciall to Robert pudding & his wife 
& Rich : shortridg & his wife & appeare at y next Court of Asso- 
ciates held in Portsm" George Jones sen"^ pleading he knew not 
how to gett securitie, the Court contented to take his own bond 
for all 3. 

George Jones Sen'^ doth acknowledg to owe & stand indebted 
unto y^ Tress'' of this Countie In the true sume of 30' sterl well 
& truly to be p*^. The Condic'on of this Recognizance is such 
that if the s^ George Jones s"" & Mary his wife & Geo: Jun"" carie 
it peaceably towards all ^sons & more especially to Rob* pud- 
dington & his wife Rich: shortridg & his wife & appeare at the 
next Court of associates held at portsm" then this Recogniza. to 
be void & of none effect other wise to stand in full force power 
& vertue, 

m*" Ric: Cutt Jn" Cutt m' Tho Daniell m"" shipway m^ Mar- 
tyn m"" Ric: stileman motioning the Court to have their Licences 
renew to retaile strong waters & Wine at Strawbery banke is 
Granted them: 

M'' ffryer m'' Dering desireing this Court to renew their Li- 
cence to retaile Liquor & wine upon Gr* Hand is Granted. 

Edw: West granted him y renuall of his Licence for a Tavern 

Sam : Wintworth granted a Licence to Keepe a house of Comon 
entertainm* & to sell wine & Liquor on Great Island by retaile: 

Robert Purrington motioning to be ffree from Comon Trayn- 
ing in the Towne of portsm" by reason he is a broken man is 



274 NEW HAMPSHIRE COURT RECORDS 

Granted provided he bring testimony of some Surgion that it is 
soe. 

Hen: Greenland & W™ Gotten brought into Court Ric: Dore 
for whom they were bound for his good abearance : they are dis- 
charged of theire bond : 

It appearing to this Court that Rich: Dore hath sworne sev 
oathes before he went out of the place where he was The Court 
sentence him to pay lo^ & he to Continew bound to y pease 
unto y next Court of associates & then to appeare. 

Granted unto John ffabins power of Administrac'on unto y" 
estate of Edward Cator deceased & Injoine him to bring in an 
Inventory of the estate to y^ Clarke of y^ Court or to y" next 
Court of Associates held at portsm" the former Administra" 
viz* James Blagdon & s*^ ffabins refusing to hold together: 

This Court ord" that y^ Tress"" pay unto m"^ Tho: Swetman 
30^ for his attendance on Cap* Gookin to this Court & charge it 
to y Countie acco*: 

An Inventory of the estate of m' Edward Hilton sen"^ brought 
into Court y 29 June 1671 amounting to 2204' oo« oc^ & sworne 
unto by Edw. Hilton his son & the rest of y brothers Adminis- 
tra" And y« Court order y* all the Land meadowes & Saw- 
mills shall stand & doe stand bownd untill the Credito" be 
satisfied 

Xtopher palmer at y^ same time in open Court made claime 
unto a part of y estate for two daughters of s^ deceased m"" 
Hilton & are the sisters of the s"^ Administrators 

Inventory of y^ estate of Dan: Moulton brought into Court 
and Sworne unto by his widdow Hannah Moulton: put on file 

Inventory of y" estate of Gregory churchwood brought in to 
Court & Sworne unto by John ffabins: put on file. 

In answer to y" petion of Widdow Walford The Court orders 
that her thirds of the Land of her deceased husbands be Layd 
out unto her according to Law & the will of her s'' husband & 
that John Sherburne Phillip Lewis & W'" Gotten have hereby 
power or any two of them to Lay it out as abovs'^ 



NEW HAMPSHIRE COURT RECORDS 275 

The answ to David Gambles petion is entree! at the foote of 
the same putt upon file. 

The verdict of the Jury of inquest concerning y*^ untimely death 
of Allexsander Kennestone brought in & put upon file 

At a Meeting of Cap* Ric: Waldren m"^ Rich: Cutt & Elias 
stileman Com'isso" Invested w'*' Magestratticall power y 26° 
I m° 1672 

Granted unto Thomas Jackson of Portsm" pow of Adminis- 
tration unto y estate of John Larriford he dying intestate & he 
is enjoyned to bring in an Inventory of y estate to y Countie 
Court next at Portsm": 

Granted unto Thomas Jackson of Portsm" pow' of Adminis- 
trac'on unto the estate of Peter Adams, who dyed Intestate & 
he is enjoyned to bring in an Inventory of y*^ s^ estate unto y* 
next Countie Court held at Portsm" 

At a meeting of the com'isso" of Dover & Portsm" y* have 
magestratticall pow the 8*'^ of May 1672 viz* Ric: Waldren m"^ 
John Cutt & Elias stileman 

Granted unto m"" Thomas Daniell Pow' of Administrac'on unto 
y*' estate of W™ Jackson of portsm" who dyed intestate & ord"" 
him to bring in an Inventory of y*' estate unto y next Countie 
Court held in portsm": 

Granted unto m*" Thomas Daniel Pow of Administrac'on to 
y* estate of Onesiphorus Harvy of the Isles of Sholes who died 
intestate & ord"" him to bring in an Inventory of y" estate unto 
y^ next Countie Court held In portsm". 

At a Countie Court held in portsm" y 25"* June 1672 

p'sent m"" Simons cap* Waldren Majo^ pike m' John Cutt m"" 
Rich: Cutt E: Stileman Associates who tooke y oathes: 

W™ Shackford & John Ran came in to Court & tooke y" 
Consta'" oath for Dover for y" yeare ensu« 

Christopher Joce tooke oath for Constable for portsm" 



276 NEW HAMPSHIRE COURT RECORDS 

Gran: Jury 

m' Ric: stileman Jn° Mihill 

Obadia Morss Rich : Row 

Rich: Com'ins John Woodman 

Geo : Wallis Tho : Edgerly 

Leonard Weekes petter Glanfeild 

Job: Clemonts James Blagden 
Jn° Bickford sen' 

Jury of Tryalls 

m' Richard Martyn John Church 

m'' W" Vaughan Ens: John Davis 

philHp Lewis m"" Rich : Tucker 

James Randle philHp Cromwell 

Tho: Canny Jn-" Sam. Haynes 

Joseph Hall Tho: Roberts 

[Court Papers, vol. 2, p. 135.] 

Wee the Grand Jurey for the Countie of Dover & Portsmouth 
doe present the ensueing to the Honoured Countie Court now 
sitting at Portsmouth 25° June 1672 

Imp' wee present the Towne of Portsmouth & Jn° pickering 
for want of a Sufficient High way over the Mill Damm by the 
Meeting house entred 

Item Wee present the Towne of Portsmouth for neglecting to 
laye out & provide a sufficient Highway from Bloudie poynt to 
Greenland Select men to se it don by next Asso : court on pen- 
alty of 40« & fees 

Item Wee present the Towne of Dover for want of a Standard 
for weights & measures Sentence to pay fine 20^ & to gett by y^ 
Last march next or pay 40^ fine 

Item Wee present the Towne of Dover for want of a Pound 
enjoyn y" to make on by next county cort or pay 3 pound 

Item Wee present Ric: Dore of Portsmouth for Excessive 
drincking owned WittnessesW™ Cotton, Ric: Rowe sentence 3*4'^ 

Ric: Stileman in behalfe of y*" rest 



NEW HAMPSHIRE COURT RECORDS 277 

Item wee present Edward Collcott of Hampton for being 
drunck y* hee shit in y^ Highway witnes Obadiah Morse Jn° 
Bickford Sen' & Ric: Stileman 

Ric: Stileman on behalf of the rest 

sentence to pay a fine lo^ Maj'' pike engaged to pay this fine 

The names of them y* tooke y" ffreemens oath 

m"" John Gerrish John Dam 

Jn° Wingett Tho: Beard 

Tho: Edgerly Steven Jones 

Jn° Ran John Brewster 

Tho: Layton John Dennick 

Robert purrington Rich : Shortridg 

W"" Luckes & James Coffin being Som'ons to serve on y^ Jury 
& not appearing to serve, are sentenced to pay a fine of lo^ a 
peece. 

Star Island for not sending a Jury man sentenced to pay a fine 
of io« but pleading he was sick is remitted 

Robert Wadleigh came into Court & acknowledged a Judgm* 
of 24' 6^ 6'^ the one halfe in m'ch*'^''' cod & refuse fish the other 
halfe in m'"ch*ble w* oake pipe & hogg"^ staves due unto m'' Jn° 
Cutt of portsm° 

Robert Smart of exeter Came into Court & acknowledged a 
Judgm* of 25' io« 4^1 in merchantable white oake pipe staves due 
unto m"" John Cutt of portsm°. 

Cap' Walter Barefoote p' aga* Robert Marshall defen* in an 
acc'on of y case for aboute 80 pownds worth of goods y s*^ Mar- 
shall did receive upon y*^ acco* of s'^ Barefoote & in specie as may 
appeare 

Jury finds for y'' p' 70' 5« in mony & cost of Court 2' I2« oo'^ 

The Court doth not accept of this verdict 

Cap* Waif Barefoote p' against m"" Abra: Corbett def' in an 
acc'on of the case for assigning over to him a bill of John picker- 
ings of 12 pownds as his owne proper right bearing date 1665 & 
assignm* 24 Aprill 1669 to be p^ in staves Avhich s'' Bill the s** 



278 NEW HAMPSHIRE COURT RECORDS 

Corbett had received y staves for before whereby y s*^ Barefoote 
Lost his acc'on at Court 1670 & Like to Loose his principle if 
Law doe not right him 

Jury finds for y^ p' 14' 10^ damages & cost 2' 2« 6*^ 

Gran*'^ an execuc'on 18 July 72 

Henry sheburne who now is husband to y relict of Walter 
Abbott & his executrix &c. p' Against James Kid & George 
veazie Admins"^ to Ed: Dering def* in an acc'on of debt of 38' 
j-rs 2d withdrawen def* cost I2« 

phillip Lewis p' aga* Thomas Avery def* in an accon of the 
Case for felling of trees & planting his Land & fencing in y same 
w*hout his Leave wherein the title is intended, Withdrawen 
defen** cost allowed is 4' 2^ 6^ & allowed upon y^ nonsut 4' 2' 6^ 

m' W"" Bickham p' ag* y*^ Consta m' Dering or select men of 
portsm" in an acc'on of replevin for y" Constabs: distreining his 
goods for a towne rate. The Court Judges & ownes y act of y"^ 
Select men to be right, but because y s** Bickham hath of Late 
sustained great Losses the Court takes of 40^ from his rate & 
ord" that he pay but 5' thereof 

Roger Kelly p' aga* Ric: stileman def in an acc'on of appeale 
from the Court of Associates held in portsm" y^ 26 march 1672 
Nonsuted upon non appearance of his reasons of appeale, the 
Court declares y p' bond forfited & Leaves y defend* to take his 
Course in Law. 

Henry Dering -p' ag' Jn° partridge def' in an acc'on of y" case 
for with holding a debt due by book of 31' 19^ i)^'^ whereof 5^ in 
mony 31* i >^^ in shoes & 30' 3^ in m'^c'ble ffish. 

Jury finds for y- p' 31' 19* iy2^ damages viz* 5" in mony 31 
shill: I H'l in shoes & 30' 3^ in m'c'*' fiish & cost i* 19^7'^ 

The def* appeales to y" next Court of Assistance & Nehemya 
partridg & Jn" partridg stand bound in 60^ bond to ^cecute to 
effect according to y" Law of appeals deft cost is 8« 

Henry Dering p' ag* Sam: Clarke def* in an acc'on of the Case 
for with holding lo^ 14 w'^'' you did ow unto y" towne of portsm" 
as appeares ^ attachm*: 



NEW HAMPSHIRE COURT RECORDS 279 

Jury finds for y" p' 10' 14' in same specie & prises the towne rate 
was made in w" s'* clarke was Constable & cost of Court 2' i» 6*^ 

gr^ exe 2 Apr : 74 

Henry Dering p' ag*^ Thomas parker defen* in an acc'on of y 
case for with hokiing 9' 6*^ w'^ shoukl he p^' in m'"''' ffish or w' shall 
appeare due, Jury finds for y" p' 2' 17^ i^^ in m'^ble ffish damages 
& cost of Court I ' 7» 4*^ 

Grant: an execu: y« 25 octob 1672 

m' Rob* pike p' ag' Henry sheburne in an acc'on of y^' case for 
not returning his horse dd him to Keepe in y" time y" Court 
withdrawen 

peter Glanfeild p' ag* W™ Broad defen^ in an accon of y*^ case 
concerning ffish he stands engaged for him withdrawen 

John pickcring p' ag* Cap* Ric: Cutt def* in an acc'on of y« 
case concerning the title of 3 or 4 acres of Land more or less as 
^ attachm* is exprest at Large p' cost is 2' o^ 6^^ 

Jury finds for y" defent cost of Court Jn° pickerin appeals from 
this sentence unto y next court of assistants held in Boston & 
binds himselfe in a bond of 40' to ^cecute this his appeale to 
efTcct according to y Law of appeales 

Jn" pickerin owned in court y* if he had butt 36 acres of Land 
he would be satisfied. 

Cap* James pendleton p' ag* fTran: Jening def* in an acc'on of 
debt upon acco* of aboute 8' 15' 2>^'' to be paid in fish & bread: 

Jury finds for y p' 8' in bread & fifish & cost i' 9*^ o'' 

Gran*^ execu. 8 July 1672 

Richard Allexsander p' ag* Capt Wah Barefoot def* in an acc'on 
of y^ case for fraudulent dealling w*^ him concerning a debt of 
24' & 5« in bords granted him by Arbitracon or Arbitrac'ons 

Jury finds for y p' 24' 5^ in m''" bords at 45^ ^ M & cost of 
Court I' i6« ic^ def*« cost is 24" 

The Court doth not accept this verdict 

John Bickford p' ag' Rob* Dutch def* in an accon of y case for 
deteining of mault Butter Sailes grapnell as ^ attachm* with- 
drawen 



28o NEW HAMPSHIRE COURT RECORDS 

m'" Richard Cutt p' ag* W" Richards def* in an acc'on of y« 
case for fortie six upp' Leather hides deHv*^ at 4 severall times in 
y" yeare 70, to bee Curried & not returned 

Jury find for y^ defen* Cost 13^ 6^ 

The Court Concurs not w*^ y^ Jury 

m' John Cutt p^ ag' James RawHns Iccobod Rawlins & 
Joseph RawHns denf'^^ in an acc'on of y case for y^ forfiture of a 
bond of 140' in not paying of 70' according to time & specie 

Jury finds for y p' y forfiture of y^ bond of 140' & cost The 
[court] Chansers y bond to 39^ & cost i' 02^ 6^ 

gra. Execuc'on 28* January 1676 

m' John Cutt p' aga* Iccobod RawHns defen* in an acc'on of 
y^ case for y forfiture of a bond of 4': 

Jury finds for y^ p' the forfiture of y" bond 4^ & cost y^ Court 
chansers the bond to 40^ & cost 12^ 6^^ 

Gra: execuc'on y 28 January 1676 

James Leech phiHip Addam & Richard Endle husbands to 
EHzabeth Turpin Jane Turpin & Agnis Turpin heires to Tho: 
Turpin p' ag* Ric: comins def*^ in an acc'on of y^ case for refusing 
to com to a division of a tract of Land meadow & housen s'* 
Turpin & s^ Comins bought together of m"^ ffrancis WiUiams at 
strawbery ban Ice 

Jury finds for y^ def* cost i' 11^ lo^^ y^ p' appeale to y next 
Court of Assis. bind themselves togeth"^ w*'' Hen: Robey & Jn° 
pickerin in 2000' bond to ^cecute y same to effect according to 
y Law of appeales: p' cost is 2^ 19^ 00 

L* Edw: Hayes assigne of Abra. Drake m'^shall p' aga^ Cap' 
Waif Barefoote & John Hall sen'' defen*^ in an acc'on of debt of 
lOQi for forfiture of a bond for not Accenting of a bond to effect 

Jury finds for y defen*^ 2' 9^ 2^^ cost 

y defent<^ was granted i6« cost w'' y p' allowed upon not 
entry in time 

granted 2 executions for this the iS**" July 67 

Jn" partridg came into Court & confest Judgm' of 5' 12" 6"^ 
due unto W"" Earle. 



NEW HAMPSHIRE COURT RECORDS 28I 

Jury of inquest verdict Concerning y death of ffrancis Beale 
brought into Court & put upon file 

The Last will & testimony of Thomas Layton of \)ov' l^rought 
into Court & proved by y testimony of m"" Jn° Rayncr & Tho: 
Roberts, together with an Inventory of his estate putt upon file: 

The Administrac'on granted by the Com'isso" unto Tho Jack- 
son of portsm" unto y" estate of Jn" Larriford deceased this Court 
Confirmes the same to s'^ Jackson who brought in to Court an 
Inventory of y^ same who is injoyned to give securitie for y same 
to & for y use of y" next heire that shall appeare to challeng y* 
same 

This Court confirmes the administrac'on granted by y 
comiss" unto Thomas Jackson to y" estate of peter Adams, the 
said Jacson at y same time brought in to Court an Inventory 
of y- s'^ estate unto w"^ he tooke oath & is enjoyned to give se- 
curitie to y" clarke to respond y^ estate that it may be forth com- 
ing to y right heire 

This Court grants unto Sarah Lyde the relict of Allen Lyde of 
portsm" who dyed Intestate pow of Administrac'on unto s*^ 
Lyds estate who at y same time brought in an Inventory thereof 
amounting unto 202' 15^ 6*^ & debts y estate owes out of it being 
39: 10: 6 unto w°^ Inventory she made oath & promissed that if 
anything more of y^ estate Cred'' came to her knowledg she would 
bring it in to be aded 

ffor y setleing of y estate y Court ord" that the house & 
Land on w^ it standeth be to y^ son of s^ Lyde when he shalbe 
of age & y thirteene acres at y pulpet & y^ rest of y^ estate be 
to y^ widow for paying of y^ debts & bringing up y^ child & the 
whole to remaine in her hand untill y« child be of age, & the 
thirds thereof during her life. 

There being an acc'on comenced by Jn° pickerin aga* m' 
Richard Cutt touching Land & bounds of Land in controversy 
This Court ord" for theire better satisfacc'on there aboutes y* 
they may act according to Law that m' Hen: sherburne m^ Jo: 
Harvy m^ shepway together with m' Mattoone & m' Elias 



282 NEW HAMPSHIRE COURT RECORDS 

Stileman be a Com'itte whome they appoynt to goe upon y"-' place 
& veiw the same & make report thereof to this Court w°*' accord- 
ingly was done & theire returne is put upon file with the case. 

Compl* of ph : Lewis ag* Leon : weekes aboute ^ Jury is putt 
upon y« file of this Court 

Iccobod Rawlins & Joseph Rawlins being by the Associate 
Court bound ov to this Court to answ upon suspition of Cutting 
of m"" Stilemans Cannoe in peices, accordenly appeared & desired 
they might be tryed by a Jury who went upon it & brought in 
theire verdict, viz* They doe not find sufficient testimony to 
condemn the persons y' are accused. 

M"^ Henry Dering p'senting to this Court an acco' of charge 
aboute getting of men & cannoes to fetch the Docters to open y^ 
body of ffrancis Beale & warning a Jury w^ charge amounting 
unto io« 6"^ desiring the Court to ord"" y same The Court und''- 
standing that the docters were alsoe unpaid for theire paines, doe 
ord"^ that they shall have 20« a peece w"*" together w*'' the Con- 
stable acco' above of lo^ 6*^ makes 2' 10^ 6"^ shalbe p'^ one halfe by 
the Towne of portsm° & the other halfe by the husband of s^ 
Beale. 

The Towne of portsm" having been formerly p'^sented to this 
Court for not having a sufiicient way over the mill Dam who by 
this Court were enjoyned to make one & a time given them 
therefor upon penaltie of paying 5' & being againe p'sented by 
the p'sent Gran Jury for that defect still 

This Court Considering how dangerous it is both to man &. 
beast Sentence the s'* towne to pay a fine of 5' for theire former 
neglect, & ord'' them to make a sufficient bridg over y s'* Dam 
In 6 weekes from this time on pennaltie of paying 5' more & 
fees. 

Some of y townes men of portsm" Informing this Court that 
John pickerin had engaged to make a bridge oV y^ mil dam, 
this Court examyning s'^ pickering thereabout, said pickerin 
owned in Court that he & nv Moody had made agreem* to make 



NEW HAMPSHIRE COURT RECORDS 283 

a bridg ov s'* dam butt his agreem' w^*" m' moodey was to take 
it up when he would : 

The persons und"" Named moving the Court for y" renuali of 
their form"^ Licences to retaile wine & Liq"" is granted them they 
paying their Costoms or excise as y Law ^vides viz' 

To cap* Waldren m"^ Dering 

L* Coffin m^ West 

L* pomfrey m' ffryer 

Tho: Beard Cap* pendleton 

cap* Ric Cutt Sam. Wintworth 

m' Jn° Cutt Ric: Stileman 

m' Daniel m"" Jo: Harvy 

m' Vaughan James Waym° 

m^ Jn" shepway Ric:Wilcom 
W" Cotten 

Xtopher Snell & Steeven Jones being bound in a bond of 10^ 
for y" s'^ Snells appearance to answ for som misdemeanors, & 
being Legally called & not appearing the s"^ Jones to respet the 
forfiture & he would endeav the bringing of him in 

The Court grants that if the s'* Jones bring him in to y" next 
Court of Associates held at Dov to Answ^ w* he was bound ov 
to this Court for that then s'^ Jones shalbe free of his bond other- 
wise to pay the 10' forfeit 

phillip chesley being bound over to this Court in a bond of 50' 
for his owne & wives appearance, & she not appearing, & there 
being severall witnesses that should have been here to have given 
their testimony not appearing, the Court referrs the case to y 
next Court of Associates to here & determine & ord"" the s'' 
chesly to bring in his wife & himselfe then to answ to y" matters 
bound to this court for & therefore continew his bond of 50' 
forfeited untill then if he shall appear together with his wife 
at y^ s<^ Associate Court 

John Davis petitioning this Court that he might bee ffree 



284 NEW HAMPSHIRE COURT RECORDS 

from his servitude from his m'' George Walton having Served 
him more yeares then he Covenanted for & his master still Keept 
him in servitude upon som termes in y Coven* w°^ his masf 
construe to & for his owne porpose whereupon the Court sent to 
s'^ Geo: Walton to appeare before them & bring y« Coven* with 
him w^ when y Court had examined fownd that y s^ serv* was 
to serve butt 5 yeares, therefore doe sett y s"^ servant at Liberty 
& ord' Y^ s^ master that w^'^ w* he p'^ m'' Ric: Cutt for his serv* 
shalbe insteed of clothes he ought otherwise to have alowed 
him 

Caleb Stevens p'sented for being drunke & for swearing w"*" is 
owned by him in Court 

Court sentence him to pay a fine of 20^ & fees: the w'^'^ he 
^mised to pay m' ffryer in ffsh 

Tho: Avery p'"sented for being drunke was owned by him, The 
Court sentence him to pay a fine of 10^ & fees 

Martyn Hall being p'sented for Living from his wife The 
Court having received some satisfacc'on by a L'er exhibited by 
s*^ Martyn doe for p'^sent discharge him he paying fees: 

In Answ^ to y petition of Xtoph"" palmer & Hen Moulton 
who mar'^ y" Daught" of m"" Edw: Hilton deceased who peti- 
tioned this Court y' they might have childrens portions with 
there brothers who had Administra' granted unto s'^ estate 

The Court ord" that y" Administrators appeare & bringe into 
the next Countie Court & acco' of y^ estate for a right devition 
of it 

John Moore Sen"" tooke oath of Constable for y« Isles of sholes 
for y yeare ensuing 

W™ Durgin making a motion to this Court y' he having 
marryed y Relict of Thomas ffootman, & the children being 
maintained by him, as alsoe there being 74* i* 2"^ to be p*^ unto 
several! men w°'' y^ said ffootman owed Desires this Court to 
ord' & settle the estate soe as y* y" children might have theire 
portions sett out unto them, & y* he might Know & have a 



NEW HAMPSHIRE COURT RECORDS 285 

Libertie to dispose of what the Court should thinke for y bring- 
ing up the children & paying y debts & s"^ relicts proportion of 
s^ estate that soe he might not be called to any further acco' or 
Question aboute y^ same 

In Answ hereunto the Court orders that y one hundred acres 
of Land menconed in y^ Inventory at y North west of W™ 
Beards Creeke neere Jn° Bickfords Lott & y six acres of marsh 
& sixtie acres of Land adjoyning to it neere Rob^ Burnams Lott 
& William ffolletts Lott neere Lamperill River & two Acres of 
marsh Joyning to Anthony Nutters together with an Island 
Lying at y house to be seperated & Sett a part & shalbe toe & 
for y" children of said ffootman for y portions when they come 
of age according as y" Associate Court 28'^ Sep^ 1669 did ord^ 
And the Remainder of all goods Lands houses chatties & cattle 
menc'oned in s'^ Inventory to be to the s'^ Relict Katherin 
ffootman now wife to s'^ Durgin, & y'' s"^ W"" Durgin for ever for 
bringing up s** ffootmans children untill they come to age & paym* 
of all Just debts due from the s*^ ffootmans estate. 

John pickering makeing a motion to this Court y' he might 
have Libertie to Keepe a house of Com'on entertainem* at 
Strawbery banke & ^ducing the select mens hande for Apro- 
bac'on is granted him he paying the Costoms or excise as y* 
Law req" 

The Court is adjourned to y^ 10 of July next 

At a Countie Court of Adjournment held at the Great Island 
& at Strawbery banke y^ 9'*^ & 10*'' July 1672 

This Court being informed that the Countie is indebted to 
severall viz* for y^ expences & Magestrates Sallery & other emer- 
gences, doe order & appoynt as a Com'itte, viz* m^ Richard 
Cutt m' Elias Stileman m"" Tho Daniel for portsm" Cap* Waldren 
Serg* fTurber Serg* Nutter for Dover & m' peter Twisden for 
Star Island to Consid' of a sume & to proportion the same unto 
each towne their Just part w"*' shalbe com'ended to the Select 



286 NEW HAMPSHIRE COURT RECORDS 

men of s*^ townes who are hereby Impowerd to rate y"^ severall 
Inhabitants & to be gathered by each constable & Sent in unto 
the Tress' of y Countie to defray y Counties debts afores*^ 

W" Haskins a Joyner Lately ariving in this place w**" his 
wife & 2 children from Ireland is admitted to sett downe in 
this Jurisdicc'on & in any such towne as y select men shall 
approve. 

Edward Beale of Isles of sholes fisherman petitioning this 
Court for releife concerning 9' I2« mony left in y^ hands of Ed- 
ward Cator deceased to Keepe for him, w"^ is deteined by Jn" 
fTabes the Administrator as part of s'* Cators estate. 

The Court having considered y petition" case & wayed the 
testimonys exhibited thereaboutes w*** y Curcomstances al- 
ledged doe Judg y^ mony above named to be Edw: Beales the 
petition^ & therefore ord'^ that m"^ ffabes doe deliver up y^ same 
unto s*^ Beale, & y* s'^ Beale doe give in sufficient securitie to y 
Clarke of y^ Court to respond y^ same sume if it should after 
wards appeare to be otherwise 

Thomas parker p'^sented for calling mary Wintworth ugly 
whore & base Jade & that they were brought up in a privie house 
& y* her mother was y" Scum of y^ Country & y*^ they never 
left theire owne Countrie for y"^ goodness & many such speeches 
proved by 2 testimonys 

Sentence to be whipt to y Number of 5 stripes or redeem it by 
a fine of 20« in mony & ffees : 

m' Beackham for not coming to meeting Sentence to pay a 
fine of 40^ mony or m*'''*' goods at mony price & Stand comitted 
till it be p** & fees: 

John pickerin of The towne of portsm" yeoman doth ac- 
knowledg himselfe to owe & stand indebted unto the heires 
executo" & Administrato" of Edward Cator somtimes of y^ Isles 
of sholes ffisherman deceased In y^ full & Just sum of eighteene 
pounds Lawfull mony of New-England well & truly to be paid 
unto the heires execu" or Administ" of the said P^lward Cator, 
& for the true ^formance hereof y s'^ John jMckerin doth bind 



NEW HAMPSHIRE COURT RliCORDS 287 

himselfe heires exe" & Administra" unto y heirs exe" and 
Aminst" of s<^ Edw: Cator this 10"' July 1672 

The Condic'on of this obligac'on is such that if at any time 
hereafter it shall appeare that the 9' I2« clamed by Edward Beale 
found in y chest of Edw: cator deceased is not y" estate of s*^ 
Beales (the w^*" y Court at p'^sent Judges to be & therefore have 
ordered the delivery thereof) but if it shall prove to be y^ estate 
of Edw: Cator afores'^ that then the said sum shall be returned 
to s*^ Cators heires execu" or assigns & in soe doing this bond to 
be void & of none effect other wise to stand in full force pow 
& vertue. 

this entred & acknowledged by Jn" pickerin according to y*' 
Courts ord'" attests 

Elias Stileman CI 

Dover y 26 march 1673 

At a meeting of y^ Com'isson" who have majestratticall 
pow' for y* Countie of Dover & portsm" 

p'snt Cap* Waldren Cap* Ric Cutt Elias Stileman 

Granted unto W*" Richards husband unto Mary y daughter 
of m' Steven Batchelor deceased pow of Administrac'on to y 
estate of s*^ Batchelor, & enjoyne him to bring in an Inventory 
of his estate unto y next Countie Court held at Dover & then 
& y to putt sufficient securitie to respond y estate for any y* 
may make better Claime unto it 

portsm" y 2^ Novemb"" 1672 

At a meeting of m' Jn" Cutt & Elias Stileman Comis" In- 
vested w*** magestratticall pow' Then Granted unto Edw: 
Beale pow' of Administrac'on to y estate of Joseph Baker who 
dyed intestate on lies of sholes & enjoyne him to bring in an 
Inventory of y= estate unto y next Countie Court held at 
Dover y 3"^ day in June next 

Elias Stileman 



T 1 r- r Com' 

John Cutt 



288 



NEW HAMPSHIRE COURT RECORDS 



of Dover 



portsm° 



At a Countie Court held in Dover 24*^ June 1673 
p'sent worp" m"" Stoughton Cap* Ric: Waldren Majo' Rob* 
pike m' Jn° Cutt m"^ Ric Cutt Elias Stileman associates 

Gran: Jury for the yeare ensuing 
Deacon John Hall ' 
Hon : Langstarr 
W"" Beard 
Ben: Mathews 
phill Benmore 
Jn° Scriven 
Ric: Jackson 
John Kettle 
Jn° Lewis 
George Bramhall 
John Berry 
John Tucker 
W"* Hilton 
peter Lewis 

Jury of Trialls 
m"" Tho : Daniel 
An° Brackett 
Tho: Jackson 
Sam. sherburn 
Jn° Moses 
Jn° Hunking 
W" ffurber sen'' 
An« Nutter 

phil: Cromwell r DoV 
Job Clements Jn' 
Tho: Roberts Jun' 
peter Lewis Isles sholes 

peter Odiorne of Isles sholes chosen on y Gran Jury for Isles 
of sholes, being Legally called & not appearing, sentence to pay 
a fine of lo" 



portsm° 



NEW HAMPSHIRE COURT RECORDS 289 

[Court papers, vol. 2 p. 477.] 

24° June 1673 

The Grand J uric for the Countie of Dover & Portsmouth doe 
present to the Countie Court now sitting 

Imp"" Wee present Martin Hall Miller at Portsmouth for live- 
ing from his Wife owned 6 m° or pay 20^ 

Wee p'nt Samuel Shiveret of Portsm" Smith for liveing from 
his Wife owned 6 m° or pay 20« m"" Jn" Cutt to pay fees: 

Wee p'nt Ould Luist shipp carpenter of Portsm" for liveing 
from his Wife his answ entred in Court cap* R: Cutt to pay 

Wee p'nt Ric Dore & Tho: Carter Taylours of Strawburey 
banck for being in drinck & fighting y*^ last Traineing day at 
Strawburey banck at Jn" Pickerings house Dore owned Witt- 
nesses Mary Pickering Mary Parker 

Wee p'nt Welthian y*' Wife of Jn° Symonds of Lubberland for 
useing severall aprobrious words ag* y^ churches & church Mem- 
bers calling y" Puritaine Rogues &c Wittnesses Jn" Rand Con- 
stable of Dover and Nath Lum'ack 

Wee p'nt Giles Berry of Starr Island or y Isles of Shoales for 
liveing from his Wife 

Wee p'nt Edw Holland of Hogg Island for liveing from his Wife 

Wee p'nt Jn" Pickerings Jersey servant or Maide for haveing a 
childe & hath noe husband Jennett Cevernce Sentence 20 stripes 

Wee p'nt ffr: drewe of Oyster River & Lidia Bickford his now 
Wife for haveing a childe too soone after Marriage. 

Wee p'nt Rachel Webster for being drunck 16 ffebruary last 
A'P Ric ?^Iartin Samuel ]n° Pickerings man. 

Wee p'nt Jn" Bickford Jun'' Bloudie poynt for excessive drinck- 
ing 8° 8 m° last Obadiah ]\Iorse Jn° Seavie 

Wee p'nt Phillip Lewice of Greenland for excessive Drincking 
in May last owned 12^ 6'^ M"^ Ric Martin Jn° Tucker 

Wee p'nt Peeter Abbott of Strawburey banck for excessive 
Drincking 25° May last Eliz Sampson Ric Dores Wife 

Wee p'nt W™ Croscombe of Malligoe Island for liveing from 
his wife 



290 NEW HAMPSHIRE COURT RECORDS 

Wee p'nt Gilbert Mudg of Hogg Island for liveing from his wife 
Wee p'nt y Towne of Dover for want of a schoole 

Ric: Stileman in y^ name of y whole 

Abell porter tooke oath of fidellitie 

Obadia Morss & Abell porter tooke the Constables oath for 
y*^ Towne of portsm". 

Thomas Layton tooke oath to y office of a Constab. for Dov 

James Kidd of exetor Adminisf to Ed: Erring came into 
Court & acknowledged a Judgm* of eleven thousand foote of 
m'ch^ble bords to be delivered at some Convenient rafting 
place in exetc due unto Cap* Thomas Clarke of Boston m'ch* : 

John Kenneston of Greenland came into Court & confest a 
Judgm* of 26 pownd to be p'^ in Neate Cattle due unto James 
Kid Administra' to Edw: Erring: 

Edward Cartwright came into Court & acknowledged a 
Judgm* of 13' 17^ in refuse fish at 10^ ^ Quent: due unto m"" 
W"* Vaughan 

Gra* execu" 1 octob: 73 

John pickering eccepting ag* the Jury men of portsm" in a 
case betweene him & the towne these putt in their place cap* 
ffrost m' Jn° Gerrish m"" Geo: Broughton Xtop'" pallmer Jos: 
Hall James Coffin 

Henry Dering p* ag* Edward Cartwright defen* in an acc'on 
of debt of 8' 8" 7'^ in m^'^i^ fish due by booke: 

Jury find for y" defend* Cost of Court 

George Norton p' aga* Thomas Wills def* in an acc'on of debt 
due by bill to y" value of 21 ' 6v* in fish or ^vitions as ^ attach- 
ment — The p' being Legally called & not appearing is Nonsuted. 

L* peter Coffin assign to W*" W'"^ sen"" p' ag* Steven Jones & 
Jos: ffeild def*'' in an acc'on of debt due by bill to y vallue of 50 
pownds with due damages 

Jury finds for y^ p' 21' 12^ damages & 13* C>)st of Court. 

John Wintworth p' ag* Robert Bradrick defend* in an acc'on 
of y case for carrying away 2 ^ cells of staves of his as at Large 



NEW HAMPSHIRE COURT RECORDS 29 1 

^ attachment The Court declaires y" Case is not understood 
according to Law the dcfen"^ nonsuted the p' & is granted 16" 
S'* cost: 

Daniel Ela p' ag' Hen: Dering as Constable of portsm" 
defen* the p' was nonsuted the defen** cost granted lo* 4'* 

charles Hilton came into Court & confest a Judgm* of 15' y 
one halfe in m^'"' 2 Inch oake planke at 5' ^ thousand & y 
other halfe in m' Inch oake bords at 3' ^ thousand due unto 
Nath. ffryer. 

Gr* execu " i octo : 73 

phillip ffollett assigne of m"" John Cutt p' ag' Math* Williams 
& John Smith defen*^ in an acc'on of y" case for a debt due by 
bond to y^ vallue of 52 pownds 

Jury finds for y" p' the bond forfeited & 2' cost of Court 

y Court respitted this Judgm* to next County Court y" 
defen** being out of y" Jurisdicc'on: at a County Court 30 

Jan'y 74 y court chanses y^ bond to 31' 8: 4 in or other 

pay equivelent & cost Ric: Nason in Co* y" p' appearance 

in a year & pay 

Arthur Bennick p' ag* M"" Henry Dering in an acc'on of Ap- 
peale from the sentence of the Court of Associates held at 
portsm" y 25*'' March 1673. 

Jury finds for y^ defen* the Judgm* of the Court good & cost 5^ 

Gra execu 2 Apr 74 

John Pickering p^ ag* M' Ric: Martyn def* concerning a tres- 
pass ov his Lands &c. as ^ attachm* withdrawen : 

Tho: Turner came into Court & confest a Judgm* of 6' due to 
Hen: Sherburne & Sarah his wife executrix to Wal' Abbett 

Richard Allexsander p' ag* Cap* Walter Barefoote def* in an 
acc'on of y case for Injurious & fraudulent dealling concerning 
a debt of 24' 5* in m'ch**^'^ pine bords as ^ attachm*. 

Jury finds for y*^ p' 35' in m'"chtble pine bords & 48* 6'' cost 

Mirth Harvy p' ag* Jn° Bewers defen* in an acc'on of y^ case 
for a debt due to y vallue of 30 pownds or thereaboute The 
p' having Neglected to give a som'ons to y" def* is Nonsuted 



292 NEW HAMPSHIRE COURT RECORDS 

John Lewis p' ag* ffrancis Morgan defen* in an acc'on of 
defamac'on as ^ attachm* withdrawen. 

John ffabes & Xtoph'' Jose p' ag* Thomas Seavy def* concern- 
ing the title of marsh Bought of s'* seavy withdrawen : 

Select of Dover p' ag* m"" Tho: Broughton in an acc'on of the 
case for not paying of yearly rent for y salmon falls withdrawen 

Select men of Dover p^ ag* m' Robt Wodleigh in an acc'on of 
the case for not paying yearly rent for accomodac'ons at Lam- 
perele River: withdrawen 

W™ Earle p^ ag* Henry Langstarr & An" Nutter in an acc'on 
of the case for with holding a debt of 5' & his necessary charges 
at Law against Jn° partridge due by bill und' y hands in silver 

Jury find for y* p' 5^ 5' in mony & cost in mony 17^. 

ffrancis Small p' ag* Andrew Newcom def* in an acc'on of 
y« case for with holding y« hull of a fishing shallup as ^ at- 
tachm' withdrawen : 

Hen: Sherburne p' ag* Jn° ffolsom Sein'' defen' in an acc'on of 
debt of aboute Six pownds due unto Walter Abbett in his life 
time & now unto sarah executrix wife of s*^ Hen: sherburne: 

Jury finde for the defen* cost lo' 

John pickerin p' ag* Hugh Allard defen* withdrawen 

Nathan Bedford p' ag* Nicholass paine in an acc'on of Appeale 
from y^ Court of Associates 31 Decem: 1672 in portsm" with- 
drawen 

M' Natha'' fTryer p^ ag* Iccobod Rawlins def* in an acc'on of 
the case for y^ non paym* of foure thousand 2" 60 m' red oake 
pipe staves due ^ bill with all due damages: 

Jury finds for y« defen* Cost 

M' John Cutt p' ag* Edw: Hilton defen* in an acc'on of debt of 
66' 9* 2^ due to balla. acco*^ as ^ attachm*. withdrawen: 

Cap*^ Walter Barefoote p' ag* Cap* Ric^ Lockwood defend^ in 
an action of debt due by bill or bond obligatory for y forfeture 
of 50' for the non payment of 25' with all due damages: 

Jury finds for the p' the forfeiture of y bond & 50 pounds 

Gr*^ execu y 17 octob 1673 



NEW HAMPSHIRE COURT RECORDS 293 

Charles Hilton came into Court & confest a Judgm' of 19500 
ft'oote of m'* pine bords due unto Joseph Canny: 

The Jury of inquest verdict brought in concerning y untimely 
death of two men & one woman y'" 10*'' Nov 1672 is putt upon 
tile. 

John yorke came into Court cSc confest a Judgm* of fifteene 
huntlred of m'ch"'' white oake pipe staves due unto m' Nath: 
ffryer 

James Trcworthie came into Court & made choice of Maj"" 
Nicholass shapleigh for his guardian — the Court allowes thereof. 

Jn" Bugg & Edw: Clarke w'** som others being in Comp. w^*" 
Robert Clemonts y* night he was drowned being Som'oned be- 
fore the Court to give w^ acco* they could of him, & they appear- 
ing & being examined the Court Judges it meet that s*^ Bugg be 
bownd in 100' bond & Edw^ Clarke in 50^ bond for s'^ Buggs ap- 
pearance before y^ Court on fryday next by 9 a clock for further 
exam'ac'on & clearing of this matter: & accordingly they ac- 
knowledged before y" Court to stand bound in such Sumes 

Nic: Harrison of Dover came into Court & tooke y oath of 
tidellite 

Elizabeth wife of W" Olliver being brought before this Court 
for being with child before Marriage, & neglecting to send for 
helpe in the time of her Travell & rapping her child in a shirt or 
shift putting it into the bed denying she had any child to the 
women that came in after her delivery wherby y child in ap- 
pearance was dead as appears by the witnessess upon file. The 
Court considering the haniousness of her offeence w**" all the 
Curcomstances Sentence her forth with to be whipt to y" number 
of 30 stripes upon her bare skin with a halter about her neck, & 
a month hence to be whipt in Like man'er at y Isles of sholes, 
& the com'isson'^ to see it done, & ffees. 

Edward Holland being bownd in a bond of 30' to be of y^ 
good behavo' & to refraine the Comp. of Elizabeth y« wife of W"" 
olliver & to appear at this Court s^ Holland appearing in this 
court upon examynac'on confest he was in the outward roome 



294 NEW HAMPSHIRE COURT RECORDS 

when Ollivers wife was deliverd & heard a child cry or scritch 
& thereupon went to call the midwife, further owned that he 
had broke his bond of 30' wherein he was bownd to refraine 
Ollivers wives company : 

The Court Sentence him to pay the forfiture of his bond ie: 
30' or be forth with whiped to y number of 30 stripes upon the 
bare skin & to pay ten pounds costs aboute this business & to be 
bound in a bond of 30' w*^ two sufficient sureties of 15' a peece to 
be of y* good behavio"^ & appeare at y^ next Court & stand com- 
mitted till y^ Courts sentence be ^formed: & fees 2^ 6^ he 
chuse to be whipt & pay 10' mony or fish at mony price 

Edw: Holland peter Lewis & Hen putt doth acknowledge 
themselves to stand bound s*^ Holland in 30^ & s'^ Lewis & Hen 
putt in 15' appeece unto the Tress"" of this Countie or his suc- 
cessors for the good abearance of s*^ Edw : Holland & that he shall 
refraine y comp. of W" Ollivers wife & appearance at y next 
Court. 

Edw: Holland being p'"sented by the Gran Jury for Living 
from his wife, he appearing the Law was read unto him. The 
Court ord" that he goe home unto his wife in 6 monthes or de- 
part this Jurisdicc'on on penaltie of paying 20' & ffees: 

In Answ' to y petition of Xtopher palmer The Court ord" 
that y*' Administraf^ of m"" Hiltons estate bring in to y*^ next 
County Court at portsm" a true acco^ of all y^ debts the estate 
oweth & w* is p*^ And all persons Claiming as heires to y s*^ 
estate are then to appear that the Court may settle the Same 
according to Law: 

Xtoph"" Som'ers being brought before this Court for often 
Runing away from his master Hen : Hobbs whereby he can have 
noe service from him & this Last time hath been gone 4 monthes 
— Sentence of Court is that he be forth whipt to the number of 
25 stripe upon his Naked back, & to be committed to y prison 
Keeper whoe is to fetter him & to Keepe him to Labor that ac- 
cording as he carnes he may eate this ord"" to Continew untill y^ 
next Court of Associates that they take further ord^ or his mas- 



NEW HAMPSHIRE COURT RECORDS 295 

ter dispose of him some other way, & the Court adds one yeare 
more to his Indenf w'' he shall serve his s"' master for a recom- 
pence of Loss of time & charge sustaned by him & ffees: 

John Andrews being bownd ov" to this Court for Stealing of 
meale out of Jn° pickerins mill, both proved & owned by him. 
The Court sentence him to pay for that he stole of m"^ Martyns 
3 fold, viz' 45« & for y- Rye 3 fold to IMartyn Hall viz' I2« out 
of w"** 5 peckes of wheate & i peck Rye 7^ & one bagg 5^ in all 
12' to be deducted being returned the rest to be payd unto Jn" 
pickerin who was bownd to procecute s"^ Andrews & hath satis- 
fied the wronged ^sons & to pay cost of court 6 pownds & to 
stand comitted till it be satisfied & ffees: 

phillip Chesley being bownd ov unto this Court for Stealing, 
The Court finding a silver spoone in his hand w^ he cannot cleare 
himselfe from & an ax of Edw Leathers The Court sentence 
him to pay Jn" Lewis (whose Spoone it is) two fold viz* 20' & 
returne the spoone being Judged worth 10^ & to Leathers two 
fold viz' 8* he having his ax againe & cost court 50" & to be 
bond in 20' bond to be of a good behavo"" & ffees: 

the spoone was returned in Court 

John pickering for giving out thretning speeches & carrying 
of it contemptuously in Court, Sentence him to be bound 
to y« Good behavo-" with sufficient Sureties, w<='' he refusing 
to doe ord"" him to be comitted untill he shall give bond w'^ 
securite 

Jn"' pickerin appearing before y Court made a humble ac- 
knowledgm' of his great Irregularrity in speaking as he did en- 
treating his bond might be taken of promissing for y futuer to 
be more advised as by his petition upon file appear 

The Court accepts thereof & release him of his bond : paying 
ffees: 

Court adjourn'd to meet afta. 9 a clock to portsm° 

At a Countie Court of Adjournm' held in portsm" 27"^ June 
1673 



296 NEW HAMPSHIRE COURT RECORDS 

Marty n Hall p'sented by y*" Gran Jury for Living from his 
wife owned by him Sentence of Court that he goe home to 
his wife in 6 m° time or out of this Jurisdicc'on or pay 20^ & 
ffees: 

Sam: sheveritt p'sented for Living from his wife owned The 
Court ord" him to goe home to his wife in 6 m" or pay a fine of 
20' & fees m"^ Jn° Cutt engaged for his ffees: 

old : Lewis shipcarpenter for Living from his wife, he appearing 
in Court pleaded that she kept other men Company & he could 
not Live in peace with her, The Court grants him Libertie to 
stay 12 m°^ & in the meane time to bring further proofe of his 
allegac'on; & ffees M"" R: Cutt promised to pay it 

Rich : Dore for being in drink & fighting the Last trayning day 
he owned the p""sntm*. senteenc to pay 6' 8^^ fine 

Tho: Carter Talor p'^sented for y same, but went & payd his 
fine to y^ Tres' before. 

phillip Lewis for excessive drinking owned by him Sentenced 
to pay 10^ fine & fees: 

Jennett Severne serv* to Jn° pickerin for comitting fornicac'on 
by having a child & no husband owned Sentence to have 20 
stripes when she is able to bear them the comis" of portsm" to 
se it done: & ffees: 

This Court confirmes the Administrac'on granted Edw 
Beale by the Comisso" of portsm" to y^ estate of Jos: Baker, 
whoe brought into Court an Inventory of y estate amounting 
unto 39' 11^ 2'^ & tooke oath to y same & promised that if any 
thing more came to his Knowledge he would bring it in to be 
added : And W"" Cotten & s'^ Beale doe acknowledge themselves 
to stand bound to y tress: of the County & his successors in the 
sume of 80 pounds untill y^ Court shall otherwise dispose of y^ 
estate for y next heir & doe enjoyne the s'* Beale Administra"" 
to bring into y" next Court of Associates for this (\)unty an 
acco* of all debts and disbursts & they to settle y estate ac- 
cording to Law: 



NEW HAMPSHIRE COURT RECORDS 297 

W"" Wills being enjoyned to attend the Court on Jn" Buggs 
case aboute Rob* Clemonts that is thought to be drowned & not 
appearing w'^'^ the Court takes to be contempt Sentence him to 
pay a fine of 20« 

John Bugg for being in drinke y' night Robert Clements was 
Lost & y next day owned the Court sentence him to pay a fine 
of 20« & ff ees : 

John Bugg & Edw: Clarke being Last in Company with 
Robert Clements y' night he was drowned The Court orders y' 
y s*" Bugg & Clarke be bound in 50' bond apeece with two 
sufificient sureties Apece of 25' a peece untill y" next Court of 
Associates to Answ"" if anything more should appear concerning 
his death & to Abide y^ ord"" of Court therein. 

Edw. Clarke doth acknowledge himselfe indebted unto y 
Tress"" of this Countie the sume of 50' & L* peter Cofhn ik 
Nehemiah partridg in 25 ^ a peece that y s^ Edward Clarke 
shall appear at y next Court of Associates held at portsm" to 
answ w' shall be objected concerning the death of Rob* Clem- 
ents & to abide the ord"" of Court therein 

John Bugg acknowledge*^ himselfe indebted unto the Tress' 
of this County & his successors in the true sume of 50 pownds: 
& Edw: Clarke & Nehemiah partridge in 15' a piece upon con- 
dic'on that y said John Bugg shall personally appear at y 
next Court of Associates held at portsm° to answ to w* may be 
objected ag* him concerning the death of Robert Clemonts & 
to abide y" ord' of Court therein: 

The Last will & testam* of W" Ham of portsm" deceased 
brought into Court & proved together w**' an Inventory of his 
estate amounting unto 122' 17^ 00 & Sworne unto, is putt upon 
file of this Courts records: 

David Cambell being bownd ov to this Court for abusing 
the Country & ^sons in authority & others of his Neighbors And 
appearing req'^ a Jury to be tried by according to Law: w*^ 
was granted him he paying the cost w*^ w'ch he was willing 



298 NEW HAMPSHIRE COURT RECORDS 

The Names of y Jury 

L* Coffin Sam : Wintworth 

James Coffin James Drew 

An° Nutter Jn° Cutt 

m"" Jn" shepway Rewben Hull 

Sam. Sherburne Benj'a: Starr 

L* Wal^ Neale Sam : Clarke 

In y case betweene David Cambell & y Country y Jury 
find him guiltie 

I : in speaking reprochfully and Scurrolusly ag* y Authoritie 
of y^ Country & Religion 

2^y in reviling of o"^ Rever"'* minister by reproachfull speeches. 

3: In reviling of his Neighbors 

4 for being y worse for drinke 

The Court having considered the nature of his offeence Sen- 
tence him to be whipt forth with to the Number of 20 stripes 
upon y^ bare skin well Lade on & to be bownd in a bond of 
40' to be of y good behav & to appeare at y^ next Court of 
Associates & pay y" Jury 30^ in mony: & fees: 

The Court being Informed that m" Russell sold suger beare 
at ^^ ^ quart & Cider at 4^ a q\ she appearing to answ' she 
owned y" same in open Court 

Mary Skilling deposed in Court that being s<^ m" Russells 
house heard wine called for, & a pint was brought if not more. 

Jn° Skelling deposed in Court that he did call for wine & her 
son or she brought a pint of sugred wine W^ he p*^ I2<^ for & 
at going to bed between 3 of us had a q* of beare & J< pint of 
wine 

The Court sentence her to pay a fine of 50^ & ft'ees : 

Granted to Edw: West Sam: Wintworth W™ Cotten and Jn° 
pickerin the renewall of their Licence to Keepe a house of 
com'on entertainem* & to sell wine & Liq"^ by retale. 

The Court ord" that a rate of 200' be Levied upon the In- 
habitants of this County for y defraying the County & Courts 



NEW HAxMPSHIRE COURT RECORDS 299 

Charges & y' those Gen' chosen the Last year doe proportion 
to y^ severall townes w* shalbe Just for each to pay: & to be 
made in 2 m"" 

Granted to L* pomfrett the renewall of his Licence to retaile 
Strong waters: 

The Court Grants unto m''shall Mitchcson for his attendance 
on the majestrate to this Court 1000 foot of m''"^''' pine bords to 
be deliv** by the tress"" in boston cleare of all charge. 

Mr. Hen: Sherburne & John Sherburne his son for theire 
publick opposing the execution of the sentence of Court aboute 
whiping of David Cambell W^ had Like to have made an In- 
surrextion among the people. 

Sentence of Court that the s'^ Hen: sherburne pay a fine of 
3' cS: his son John 50' & stand comitted untill it be p^ & be bownd 
in a bond of lo' appece to be of the good behav & appeare at 
y next Court of Associates 

m"" Henry sherburne & Jn" his son petitioning this Court to 
remit their fines humbly confesing their fault the Court takes of 
from s'* Henry the one halfe viz: 30^ & from s'' Jn" 30^ & s<^ Jn°^ 
bond of Good behav but not s'' Henrys they paying ffees. 

Granted unto m' Ric: Cutt m"" Jn° Cutt m^ Martyn m^ shep- 
way m"" ffryer m"^ Dering m"" Daniel m' Vaughan the renewing 
of their Licences to retaile strong water & wine out of dores 

Granted unto Abell porter a Licence to retale strong water 
& wine out of dores 

m^ Tho: Daniel Brought into Court an Inventory of y estate 
of W™ Jackson amounting to 8: 15: 3 putt upon file 

Henry putt appearing before this Court and by his owne 
confession hath Lived from his wife 1 1 yeares the Law was read 
unto him & he is ordered by this Court to goe home to his wife 
or depart this Jurisdiction in 6 m° or pay 20' & fees: 

m^ ffrancis Morgan being by the Associate Court bound to y^ 
Good behav & to appeare at this Court proclamac'on was made 
& none came in ag* him his bond of 20' is taken off 

James Waymouth & Ric : Wilcom of Isles of sholes motioning 



300 NEW HAMPSHIRE COURT RECORDS 

to have theire Licence renewed is granted y™ according to the 
tennor of theire first grant : 

The verdict of y Jury concerning the untimely end of Robert 
Clemonts is putt upon y« file of this Courts records. 

Bills of Cost w°^ the Tress"^ is to satisfie 
To Jn° Rand in ph: cheslys case 01:00:00 

To W" pittmans wife in abetts case 00 : 06 : 00 

To Jn° Moore Constable of lies of sholes in Hol- 
lands case 04 : 04 : 00 

To Ephm: Crockett Constable of Kittery in Jn" 
Andrews case 01 : 14: o 

To Jn° pickerin in ditto case 01 : 15: 6 

Arthur Bennick came into Court & acknowledged a Judgm' 
of 4' 10^ in m'ch*^'" white oake bords at 3' ^ thousand due unto 
m' Nath: ffryer: 

m' charles Hilton came into Court & confest a Judgment of 
151 one halfe in 2 Inch white oake plank at 5' ^ thousand & the 
other halfe in full Inch white oake bords at 3' ^ thousand: due 
to m"" ffryer entred before in this court 

This Court ord" that y" Gran Jury bring in theire p'^sents to 
y^ Court of Associates held in march yearly & then finish y^ 
yeare 



COURT RECORDS 
IN 

NEW Hampshire 

Province Deeds 

Vol. 5 

1674-1692 



NEW HAMPSHIRE COURT 
RECORDS 



At a County Court held in portsm" y" 30*^ of June 1674 
p'sent Majo' Tho: Clark president Majo' Rob* pike cap* 

Ric: Walden cap' Ric: Cutt L* peter Coffin Elias stileman 

associates 



m' Jn" ffletcher 
sam : Haynes 
Ens: Drake 
John Moses 
Jn" Clarke 
Job Clemonts 
John Dam Jun-^ 



Gran Jury 

John Hill 
Jn° Wingett 
Jn° ffost 
James Huggins 
Jn" Simmons 
Rich: pomry 

Jury of Trialls 



m' Henry Dering 
m' Hen: Sherburn 
m' W™ Vaughan 
L* Neale 
Jn" pickerin 
Jn" Dennett 



Jn" Evens 
Rob* Burnam 
John Tuttle 
Tho: Canny 
James Nute 

John Kettle in y roome 
of J : pickerin 



[Court Papers, vol. 3, p. 39.] 

June the 30*'' 74: 

The p'"sentments of the Toune of Dover and Porchmouth 
And lies Sholds 

We present Marye Nuttell servant unto Christopher Joce for 
fornication referd to Court of Associates by imp or fame 



304 NEW HAMPSHIRE COURT RECORDS 

We present Richard Cummins for excessive Drinkeing m' 
Marten . . . Drak Jn" ffl etcher owned sentence to pay fine 
y 4** & fees 

We p'^sent Thomas Kenne Senior for excessive Drinkeing: 
owned 3' 4** & fees Wittness Obedia Moss Joh Tucker 

We p'sent Joseph Kenne for excessive Drinkeing Witt: Jn° 
Tucker & His Wiffe owned Sentence to pay fine y 4** & fees 

We present John ffrost and his wiffe for haveing Child twelve 
or fourten weekes after shee was maried by com 'on fame owned 
& Sentence to pay fine 40^ a peece in mony or equivalent & fees 

We present Thomas Beard for keepeing an ordenary without 
License : not proved : 

We present Phillip Chasely Senio"^ for cursing and Swareing 
that he never kild Wm ffollets bull Doeing this action falling 
upon his knees: Wittnes Martha the wife of John Pincum 
Jeremy Tippets wifife Nott proved 

We present the towne of Dover for want of a pounde by 
Com'on fame 

We present the towne of Dover for want of a Sealer of Leather 
— by Com'on fame 

We p'^sent Ditto towne for want of seal'^ of weights and 
measures by Com'on fame 

We present the towne of Dover for want of a paire of stocks — - 
by Com'on fame 

In the name of rest are agreed 

John ffletcher 

p'^sentm*' brought into County Court held in portsm" 30 June 
1674 

M' W" Nowel came into y" Court & acknowledged a Judgm' 
of 41' 17^ 5'' five pownds thereof in money & y rest in fish due 
unto m"" Jn° Usher of Boston. 

Larra: Carpenter of Isles of sholes for telling a pernicious Ly 
in calling Goodw: Tope witch & in court owned y* he did not 
Know her to be soe. Sentence to pay a fine of io« & fees: 



NEW HAMPSHIRE COURT RECORDS 305 

}n° Mihill & Jos: Canny tooke oath for Constables in y*" towne 
of DoV for y year ensuing 

sam Kayes tooke y Constahk^ oath for portsm" for y year 
ensuing 

Lewis Tucker & Ric: Wilcom tooke y Constables oath for 
lies of sholes: 

Henry Bering p' aga' Tho: Seavey def' in an acc'on of y^ 
case for deteining of ten pownds in wel cured m'ch*'« fish w"^ is 
in full of an execuc'on s'^ Dering had ag* s<' Seavy as Ed: Car- 
wrights security as appeares by bill und"" s'' Seavys hand &c. 

Jury finds for y p' y bill of lo' in m""'"''' lish & cost of Court 
1 ' 6« 6'': defe*« cost i' io« 

The def' appeales from this sentence unto y next Court of 
Assista. held in Boston, & W"" Seavy & Tho: sevy y def* bind 
themselves in 20' bond y' y" s*^ def* shall ^cecute this appeale 
to effect according to y Law of appeales: 

Thomas Seavey p' aga' Henry Dering def^ in an acc'on of 
y case for wrong Imprisonm* by vertue of an execuc'on Levyed 
on his ^son as Edw: Cartwrights security w"** by Law he ought 
to be ffree being Imprisoned or made a prisso"" above a m° after 
the Judgm* was granted ag* s^ Cartwright w"^ is Gr^'y to his 
damage. 

Jury finds for y defend* Cost of Court 11^ 4.'^ 

Hen: Russell p' ag* David Cambell in an acc'on of debt upon 
acco* to y^ vallue of 13' IP 

The p' was Nonsuted : def "^^ cost is 6« 

Hen: Russell p' ag* David Cambell def^ in an acc'on of 
sland' for saying if his hand were to s^ Russells Book of acco* 
Wherein s"^ Cambell was his Debf that s'^ Russell had forged it 
or sett it himselfe — Jury finds for y defen* Cost of Court 9" 

Simond Lynes p' ag* m"" W"" Bickham defen* in an acc'on of 
debt of 14' in mony being remaind"" of a greater sume — Jury 
finds for y^ p' 14' in mony damage & Cost Court 

Gra* execn 26 mar 1675 

Cap* Charles ffrost Admins' to y estate of Nich" ffrost p^ 



306 NEW HAMPSHIRE COURT RECORDS 

ag* Tho: Dew defen* in an acc'on of y case for refusing to give 
him a Just & true acco* of some estate he s^ due hath in his 
hands of s** Nic° ffrosts & deteining y« same as ^ attachm* — 
Jury finds for y p' 41 ' 4« New England mony or y' y def' render 
& give unto y^ p' a Just & true acco* of y« estate y^ def' hath 
in his hand of s^^ Nic ffrosts \v^ . . & acco' he is to dehver in 
12 houres & cost of Court i^ 14^ 6*1 y" def appeales from this 
sentence to y^ next Court of . . . Tho: Dew Ed: west & Jn" 
pickerin bind y™ sellves in y« sum of 90' y* s'^ Dew shall ^cecute 
this appeale to effect : def *^ cost 6' 

Joseph Canny p' ag' Charles Hilton def* Nonsuted y'' attach- 
m* putt on file. 

Cap' Ric: Cutt p' ag' Charles Hilton def withdrawen 
Cap* Ric: Cutt p' ag' Charles Hilton def' withdrawen 
Cap' Rich: Cutt p' ag' Edw: charles & Sam. Hilton w^'tirawen 
Cap* Ric: Cutt p' ag* Edw: sam. & charles Hilton w">drawen 
the attachm*^ of these 4 accions put upon file 
John Hunking p^ ag* L* Ralph Hall: withdrawen & attachm' 
on file 

Tho: Jackson p' ag* Sam. Treworthy w'^-drawen 
Xtop"" Tuly p' ag* sam. Treworthy w**'drawen 
Larr: Man p' ag' Sam. Treworthy w*Mrawen 
Jn° Radford p' ag* Sam. Treworthy w**'drawen 
Lar: Rowland p' ag* Sam. Treworthy with drawen 
And: Cranch p' ag* Sam. Treworthy w*^drawen 
Mathew Martyn p' ag* Sam. Treworthy w'^drawcn 
Sam: Treworthy p' ag' the shipp prosperous w'^'drawen 
these are all y attachm'^ putt upon file 

Roger Kelly p' ag* Hugh Allard w*Mrawen y attachm^ on 
file def * cost i ' 6 : 6 

Rog"^ Kelly p' aga* W™ Roberts def' with drawen: y attach- 
m* on file. 

Roger Kelly p' ag* Lewis. Tucker in an acc'on of Sland' 
Jury finds for y defen' cost of Court 19^ 
Gra' execu. 30 octob 1674 



NEW HAMPSHIRE COURT RECORDS 307 

Nic" painc p' ag* m' Nath: ffryer: The marshall not indossing 
his deputac'on on the back side y attachm' of any ^son to be 
his Dep'" the Court Judges this acc'on ought not to ^ceed, y 
attachm* putt on file. 

Walter Mathews p' ag' Roger Kelly w"'drawen y attachm' 
on file def'' cost is 14" 

Cap* Walter Barefoot p' aga* Charles Hilton def' in an acc'on 
of y" case for non paym* of a debt upon y ball: of acco* 30*'' 
Sep* 1669 to y vallue of 133' 8« 8"^ as at large upon y attachm*. 

Jury finds for y p' 120' ii' 2*^ in m'"*"'' pine boards & 12' 17" 
6** in New Engla. Money & cost of Court 2: 3: o: 

M' John Cutt p' aga Edw: Hilton def* in an acc'on of y case 
for deteining of a debt of 66' 9« 2"^ or w* shall appeare due. 

Jury finds for y p' 66' 9* 2'^ damages & Cost of Court i' 5^ o'' 

Gran, execu. y 3**' March 1677-8 

Jn° Lewis p' ag* Geo: Walton & Ed: West def*« nonsuted: 

M' W" Bickham came into Court & acknowledged a Judgm* 
of 46' 5^ due unto Thomas Roberts attorney to m"" Rich: Mid- 
dlecott in money. 

Gra. execu. 22 Aug* 

m"" W™ Bickham came into Court and acknowledged a Judg- 
m* of 24' 15* 6'^ due unto Thomas Roberts attorney to m"" Ric: 
Middlecott in money. 

M'' W°' Bickham came into Court & acknowledged a Judgm' 
of 54' I5« in fish due unto Thomas Roberts attorney unto m"^ 
Ric: Middlecott 

Rich: pomroy Sen"^ came into Court & confest a Judgm* of 12' 
13^ in m'"ch*^'<' fifish due unto John Seaward: 

Rich : Boyes being p'sented for living from his wife & appear- 
ing in Court y^ law was read unto him for convicc'on, And is 
allowed by this Court untill y^ last of octob*" next to goe home to 
his wife or out of this Jurisdic'on or pay 20' 

James Johnson & Darmon Ushaw motioning this Court by 
reason of y age to be ffree from Com'on Trayning is Granted 
y" they paying 5* apeece ^ anim to y Company 



308 NEW HAMPSHIRE COURT RECORDS 

W'" Seavy Sen^ & Abel porter came before y Court & tooke 
y*' ffreemens oath. 

M" Eliza Sealy p'"sented for entertaining of Andr: Deamonts 
men at an unseasonable time of y" night referr'^ to y Court of 
Associates & cap* Jn** Daviss stands bound in a bond of 5' 
for her appearance to answ Cap* Davis appeared at Court of 
Associates & this p^ntm* not proved this p-'sentm* falls & y« 
^tes are acquitted: 

Edw: & Charles Hilton came into Court & acknowledged a 
Judgm* of 57' in specie according to bill putt upon file due to 
Cap* Rich: Cutt: 

Gra. Execu. 12 Aug* 76 

Edw: Hilton & charles hilton Came into Court & acknowl- 
edged a Judgm* according to bill with cost of 57' due to Cap* 
Ric: Cutt, y bill putt upon file 

Gra. execu. 12 Aug* 1676 

phill: ffollett having a Judgm* Granted him by way of entry 
of 52' in pipe staves upon a bond forfeited by John Smith & 
math: williams w*^ was respitted to this Court y def*« being 
out of the Jurisdicc'on, w^ was at y*^ County Court last in 
June 1673: the p' appearing at this Court to have his Judgm* 
entred & execution Granted This Court Chancers y^ bond to 
31' 8^ 4^* in m'''^'^ pipe staves or other pay equivolent & y* suffi- 
cient securitie be given to respond the reversion of this Judgm* 
for a year & a day now next ensuing if the defen* shall see 
meete soe to doe according to Law: 

Rich: Nason acknowledged himselfe to stand bownd in the 
sume of 60' ster' to ^ forme the Courts order hereaboute. 

There being an Imperfict will of Rich : yorke of Dover brought 
into Court this Court appoynts his widdow Elizabeth yorke & 
John yorke as adminis" to y" estate & ord" y estate be devided 
according to y" same will & y* they give security y* they will 
^ forme y*" same accordingly — Alsoe y admins" brought into 
Court an Inventory of y estate amounting to 264' 13" o*^ putt 
upon file 



NEW HAMPSHIRE COURT RECORDS 309 

Nic° Doe Sam: Willy: Elizabeth yorke & John yorke acknowl- 
edge themselves to stand bound in double the sume of the 
Inventory to y" Tress' of this County that y s'* Elizabeth & 
Jn" yorke shall ^ forme the Courts ord"' aboute y deviding 
y above estate. 

George Walton being bownd ov^ by the Court of Associates 
to this Court to answ upon suspic'on of Stealing m*^ Reyners 
Cloake being Legally called & not appearing his bond is forfeited 
but afterward appeared 

John Shore being bound oV unto this Court upon suspic'on 
of begetting of Xtoph"" Jose his Jerzie woman with child, & he 
appearing butt the woman being bigg & not deliverd the Court 
sees cause to referr the same to the next Court of Associates to 
Issue & y« s^ shore & charles Gleeden stand bownd in their 
former bond for his appearance then & y woman alsoe to appear 
to answ^ 

Upon a motion made to this Court by Sam. Sherburn to 
Keepe y« fTerry in Little Harbor from Batchelors poynt to 
Sanders poynt, the Court grants it him and allow him to take 
two pence a single ^son & 4<^ a horse for their transportac'on 
from side to side during y Courts pleasure & Injoyne him to 
make a sufificient ferry boate for y* use. 

m' Henry Russell being p'"sented & bownd ov to this Court 
for drunkenness & Swearing & selling of strong drinke w^^out 
Licence all proved Sentence to pay fine of 5' for selling strong 
Liquors, for swearing & Cursing 40 shillings & for drunkenness 
20' & fTees 2^ 6*^ 

John price being bownd over to this Court for telling a 
^nicious Ly aboute Russells bussines w"^ may appear vide 
Russells case on file 

Sentence to pay a fine of 10' & fees 

James Leach sen"^ James Leach Jun' Jane Leach Rich: Endle 
Tho : Addam wife of phil : Adams Agnes Endle Wid : ff uzen being 
bownd ov to this Court for pulling up Ric: Comins his Indian 
Come & abbetting y^ same & thretting the pulling up the rest. 



3IO NEW HAMPSHIRE COURT RECORDS 

& abusing of Authoritie, All appearing at or before Court 
desired the benefit of a Jury w<=^ was Granted them & the case 
heard in Court & comitted to the Jury 

Jury finds the 8 ^sons above named are Guilty as folio. 

1 That y foure women did abuse the authority of this 
Country 

2 that y 8 ^sons did follow m"" Comins to his home & gave 
him thretning speeches. 

3 That y foure women did pull up Ric: Cumins Corne aboute 
2 acres & that said Leach & Endell did encourage y women to it 

4 That all y 8 persons are Guiltie of pulling up y^ s*^ Cumins 
his Corne & abetters thereunto 

Sentence of Court in y*^ i* article y* y" 4 women pay a fine of 
5' forth with in mony or be whipt to y Nunmber of 5 stripes a 
peece. they chose to pay y fine. 

And for theire other miscarriages wherein all 8 persons were 
actors or abbetters The Court Sentence them to pay a fine of 
10' in money or equivolent, & be comitted to prison & there to 
be Kept 2 dayes and two nights with bread & water & continew 
y bond of 500' to be of the Good behavior untill y next Court 
of associates & then to appear & to pay the Cost to y Constables 
that brought y" before authorite & ffees 20^ & Leave Rich: 
Cumins to y Civel Law to recov his damages 

To Consta: Stevens lies sholes his bill i' 3^ o 

To Abel porter Consta: Great Hand o: 13:6 

To Card Constable of yorke 0:10:0 

Ric: Com'ins cost 2^ o^ c' 

In answ to y petition of James Leach & rest above fined the 
Court grants the petition" untill y next Court of associates at 
DoV for paym* of y^ fines & doe respitt y Imprissonm* untill 
y next County Court at Dov"^ y' y Court in meanctime may see 
y Good behavior 

Rich : Tomes & Steven Holland p'^sented for Living from their 
wives contrary to Law the Law was read to them & the Court 
ord" y* Ric: Tomes goe home to his wife or out of this Juris- 



NEW HAMPSHIRE COURT RECORDS 3II 

dicc'on by this time 12 m" or pay 20' cS: Steven holland goe to 
his wife by y Last of DecenT^ next or pay 20'. 

An" Brackett makcing a motion to this Court to be free fn^n 
com'on Trayning by reason of his age & bodyly Infermyties is 
Granted he paying 8^ ^ anim to y" comp: 

Rich: Cator requesting the Court he might be free from 
(^om'on Trayning in Dover being an infirme man is granted he 
paying 8^ a yeare to y* comp : 

This Court appoynts as a comitte m"^ sam. Dolton m"^ Rich: 
Martin & m' Tho' Daniel to heare & auditt the acco*" of m' 
Edw: Hilton Deceased both debts & Creditt who are to appoynt 
both time & place for y same & y*' Adminls"" & all other ^sons 
that can lay any clayme to y« estate or right of heireshipp are 
then to attend & the Gen' above named are to make y returne 
to y next Court of Associates whoe are to order the securing 
of y estate untill y next Countie Court at Dover. (Accomp* 
Debtes fild) 

Whereas there is a differrence betweene m'' John Gerrish & 
John Mitchell his servant concerning a yeares serviss in dispute 
did betweene themselves agree y* y^ s^ Mitchill should faithfully 
Serve his s*^ master untill this time 12° & the s'^ master doth en- 
gage to give him a new sute of clothes throughout besides those 
wearing clothes he hath & should have then for use in his s^ 
masters Servise, this both ^tes desired might be entred & left 
in this Courts records: 

Edw: Clark being bownd to appeare at this Court aboute 
elements his death if anything more should appear concerning 
y same the s'' Clarke accordingly appearing & nothing more 
found ag* him is freed & discharged of his bond : 

Obadia Morss & An" Elkins came into Court & tooke y^ 
ffreemens oath. 

James Gate & his sonn being bound in a bond of 10' to appear 
at this Court to answ' for abusing m' Jn" Cutts man & being 
called & not appearing y Court declaires his bond forfeited 

Thomas Beard & Left pomfrey came into Court & brought a 



312 NEW HAMPSHIRE COURT RECORDS 

Certificatt from y Townsmen for y^ renewing their Licences 
as formerly is Granted y™ 

Edw: West Sam. Wintworth W"" Gotten & Jn° pickerin of 
portsm" & James Waymouth of Starr Hand brought into Court 
their respective townsmens Gertificate for y^ renewall their 
Licences, the w"=^ this Gourt grants: 

fifrancis Rann p''sented for excessive drinking & beating of 
his wife owned Gourt sentence him to pay a fine of 3^ 4*^ for eccess 
drinking & 40^ mony for beating of his wife & fees: 

Jn° Homes p''sented for being drunke owned sentence to pay 
a fine of io« 

Roger Kelly p'sented for selling wine & beare w^^'out Licence 
owned Sentence to pay a fine of 5' in mony & fees. 

Andr: Deamont p''sented for selling Strong Liquor & beare 
w^^'out Licence owned Sentence to pay a fine of 5' mony & fees: 

Ric: Gomins for excessive drinking owned Sentence to pay a 
fine of y 4^ & ffees: 

Jos: Ganny for excess: drinking owned sentence to pay a tine 
of y 4^ & fees: 

The Jury of Inquest theire virdict concerning y*' untimely 
death of Tho: Dalby brought into Gourt & is putt upon file 

The last will & testam* of Robert Mussell deceased brought 
into Gourt & proved by m^ Ric: Tucker w"'' y<^ Gourt allowes of 
& y* executrix accepted who brought into Gourt at y^ same time 
an Inventory of y estate amounting to 7^ io« 6*^ both put on file. 

The Last will & Testam* of Tho: Roberts of Dover deceased 
brought into Gourt & ^ved by Job Glemonts sen'' & Job Glem- 
ents Jun'' w*** Gourt ord"" thereupon putt on file 

The Last will & testam* of Tho: Simons brought into Gourt 
proved by Arth: Glapham & Michael Endle allowed & y^ 
execu"" is enjoy ned to bring in an Inventory of y" estate unto 
y next Gourt of associates held in Dover 

The Last will & testam* of John Dew brought into Gourt 

This Gourts grants Administracc'on to y" estate of Joseph 
pomry unto his widdow Elizabeth pomry & to give securitie 



NEW HAMPSHIRE COURT RECORDS 313 

to adminis'' according to Law w"** she did & is inserted at y* 
foote of y" Inventory w^ she brought in at y" same time of 
82^ 7« o unto W^ she tooke oath: 

The Court adjournd to y" 6 July next 

At a Court of Adjournm' held in portsm" y" 6 July 1674 

m' John ffogg being Som'ons to appeare before y" Court for 
bringing a seaman of his into towne & Leaving sick on y« 
townes hands: The Court orders y* he take away y" person or 
give security to Sam" Wintworth for y paym* of w* charge he 
shall be at untill he be cured & well & y* he stand comitted to 
y Constable untill this sentence be ^formed & pay the Con- 
stables charge. 

DeC^ 30*^ 1674 

At a meeting of Cap* Ric: Waldren Cap* Ric: Cutt & Elias 
Stileman comiss Invested w*** majestratticall power for Dover 
& portsm" 

Granted unto widd : Mary Drew administracc'on to her 
deceased husband James Drue his estate, & Jn° Moses & her 
selfe acknowledge themselves bound in 300' to y tres' of this 
County she shall adminis"" according to Law & bring in an 
Inventory of y*' estate to y next Countie Court at Dover 

Granted unto Jn° Hunking administrac'on to y^ estate of 
Jos: pomry & Elizabeth his wife both deceased & y* he take 
care of y^ children untill y County Court & then bring in an 
Inventory thereof to be settled 

Granted unto Cap* Ric: Cutt administrac'on to y" estate of 
Tho: Start deceased & he is enjoyned to bring in an Inventory 
of y* estate to y next County Court at Dover: 

At a meeting of m"" Jn° Cutt cap* Ric: Cutt & Elias Stileman 
Comis" y^ 16 Janu. 1674 

Granted unto Jn° Clarke W" Lux & Edw: Cator Adminis- 
trac'on to y estate of Tobias Burnell deceased they giving 200^ 
bond to adminis"" according to Law & to bring in to y^ next 



314 NEW HAMPSHIRE COURT RECORDS 

County Court at DoV a true Inventory of y estate to be setled 
according to Law the ^sons above named acknowledged y"' 
selves bownd in 200' to ^ forme this order: 

At a County Court held in Dover y 29**^ June 1675 
p'^sent Majo' Willard Majo' Ric: Waldren Cap* Ric: Cutt 
Elias Stileman associates 

Gran: Jury for y*^ yeare ensuing 
Thomas Jackson Benja: Mathews 

Richard Shortridge Thomas Edgerly 

Deacon John Hall Jos: Berry 

Henry Hobbs John fioss 

Benjam. Heard mihill Rendle 

Jn° Rann 

The Jury of Trialls 

Jn° shepway Jn'' Gerrish 

Jn° Hunking Jn° Woodman 

Ric: Stileman Tho: Roberts 

Sam. Clarke Steeven Jones 

Jn° Westbrooke phillip Cromwell 

An" Nutter Jn° Tuttle 

Obadiah Morss being Som'oned to be of y Gran Jury & not 
appearing Sentenced to pay a fine of 20* or take oath to stand 
on y« Gran Jury: 

Jos: Morss being Som'ons on y Gran Jury & for his Con- 
temptuous Carriage in Court is Sentenced to pay a fine of 5" 

Mihill Endle being chosen by the Islands of sholes to serve 
on y*' Gran Jury & not appearing Court sentence y' he pay a fine 
of io« & they chuse another or if it be y" Constables fault in not 
som'onsing of him to pay y fine & y Jury man to take his to 
serve for y Islands: 

George Norton p' ag^ Cap* Walter Barcfoote Nonsuted: def** 
Cost is 4* 

Gra. execu. 29 July 1676 



NEW HAMPSHIRE COURT RECORDS 3I5 

M' Nath" ffrier p' ag* W'" Hilton defn* in an acc'on of y case 
for y forfeiture of a bond of 34' in Curr* Silver money as at 
Large ^ attachm' 

Jury finds for y p' y forfeiture of y"' bond & Cost of Court 

The Court Chancers the bond to 17' in boards at 20' ^ thou- 
sand, white oake pipe Staves at 3^ ^ mill. & 2 Inch w^" oake 
planke at 4' ^ mill. Cost is i^ I5« 8^^ 

Gra* Executi. 28 mar: 1676 

Nehemiah partridge p' aga' ffrancis Wainwright in an acc'on 
of appeale from y'' associate Court held in Dover 29**^ Sep* 1674 

Jury finds for y" defen* y*' Confermac'on of the Courts Judg- 
ment & Cost Court i' 7« 6 

Nehemiah partridge p* appeales from this sentence unto y 
next Court of Assistants held in Boston, & Jn° Redman Jn" 
pickerin & s'^ partridge bind themselves to s*^ Wainwright in 
25* bond y* y*^ s^ partridge shall prosecute this appeale to effect 
according to y*^ Law of appeales: p' cost is i' 7« 6^ 

Jn'' pickerin p' aga^ ffrancis Wainwright def* in an acc'on of 
appeale from the Court of Associates held in Dover y 29*'' Sep* 
1674 

Jury finds for y p' the reversing the former Judgm* & cost 
Court 21 « 6'* 

The defen* appeales from this sentence unto y next Court of 
Assistants held in Boston, & Jn" ffabes & Jn° Waynwright bind 
themselves in a bond of 20' to s^ Jn° pickerin that y^ s'^ Wain- 
wright def* shall prosecute this appeale to effect according to 
y" Law of appeales: def*^ cost is 20 shill. 

Tho: Seavey p' against ffrancis Wainwright def* with drawen: 

James Leech p' aga* Rich: Com'ins def* in an acc'on of 
Appeals from y Court of Associates held in Dover y" 29**^ Sep* 
1674 

Jury finds for y def* the confermac'on of that Courts Judgm' 
& cost Court 19^ 

Tho: Seavy p^ aga* Cristop'' Jose def* with drawen: 

Majo'' Nicholass Shapleigh p" ag* John Aleader w*''drawen 



3l6 NEW HAMPSHIRE COURT RECORDS 

John ffoss p' aga* Richard Morgan def*^ with drawen 

Cap* Charles ffrost p' ag* Jn" pickerin def' nonsuted def*^ 
cost is 8^ 

Cap" Walter Barefoote p' ag* Xtoph'' palmer def* in an acc'on 
of y^ Case for I regular & Cruel dealing by s'^ Barefoote after 
he had arested s<^ Barefoote in prison as at Large ^ attachm* 
on file 

Jury finds for y p' 25^ damage & Cost of Court 2' 15^ 00^^ 

Gra'i execu. 28 July 1675 

Walter Barefoote p^ ag* George Norton def* Nonsuted def*« 
cost is 17^ 

Gran, execu. y'' 13 Sep* 1675 

Walter Barefoote p' ag* George Norton def* in an acc'on of 
y" case for severall disburstments for s"^ Norton to y" vallue of 
120^ more or less as ^ attachm* 

Jury finds for y def* cost of Court 2' ii« ci money 

Gra. execu. y" 13 Sep* 1675 

This Court allows George Norton 20^ for his cost in an acc'on 
of 400' cap* Barefoote attached him in & did not enter his acc'on 

G* execu. the 13 Sep* 1675 

Walter Barefoote assigne of Teague Carley p' ag* Edw: Smith 
& Tho: Rawlins in an acc'on of debt for 22 • due by bill as 
attachment 

Jury finds for y p^ 8* in m^c**"'^ pine bords at 40^ ^ 1000 & 
cost of Court 2y 6*^ 

Gra. execu. 28 July 1675 

Walter Barefoote p' ag* Charles Hilton & Edw: Hilton 
Administra" to theire fathers estate def*« in an acc'on of the 
Case for a debt of 100' as ^ attachm* on file 

The p' was nonsuted for that ord'' of Court June 1674 aboute 
y" estate def*« are allowed theire Cost 2' 14' 6^^ money 

Gra. execu. y" 13 sep* 1675 

Edward Hayes p' ag* Walter Barefoote def* in an acc'on of 
y^ case for damage done him in obtaining 2 false or Illegall 
execuc'ons as 3B attachm* with drawen defen*' cost is 



NEW HAMPSHIRE COURT RECORDS 317 

John Odiorne p' aga* Hugh Allard def* The attachm* being 
not returned this acc'on Could not proceede 

m' Henry Dering p' ag* John younge def* withdrawen 

Jn° Simmons p' ag* charles Gleeden defen* withdrawen 

m' Rich: Martyn p' in behalfe of y" selectmen of portsm" 
Jos: purmont defen* Jos: Morss being his security engaged before 
the Court to gather y rate sued for: 

Edw: West p' ag* Ric: Bradleigh def* s'^ Ric: Bradleigh ac- 
knowledged a Judgm* of 4' 16^ 6'^ in money due unto Edw: 
West 

George Lewis & Jos Morss tooke oath for Constables of 
Portsmouth 

James Nute & Nicholas Harris tooke y Constables oath for 
y*^^ Towne of Dover 

Sam'' Keaies came into Court & tooke the freemens oath 

John pickerin came into Court & acknowledged a Judgment 
of 15' in m'^ch*'''^ fish at price Curr* or refuse fish at 10^ ^ 
quen* due unto m"^ Jn° Cutt: 

The Court grants Ric : Comins i ' 6^ 6*' Cost for his attendance 
on James Leech who attached him to this Court aboute the 
title of Land & did not enter his acc'on 

Charles Hilton came into Court & acknowledged a Judgem* 
of 9000 foot of m'*'''^ boards pine due to Robert Watson. 

This Court grants Administrac'on unto Jn° pickerin to y 
estate of Jos: pomry deceased, And by them is ordered that he 
doe not dispose of any of y*= estate without y" consent & appro- 
bac'on of m' John Hunking & Elias Stileman w'*' whose consent 
the whole estate shalbe disposed & sold to pay his debts & main- 
taine that child of his putt to goodm: Bowmans of portsm" to 
Nurse & Keepe, & if there be anything to spare to be for the 
other child w"*" m"" Jn° Hunking hath taken to Keepe as his owne, 
the w^** the Court approves of 

The Last Will & testam* of m^ Jn° Lynes of Isles of sholes 
brought into Court & is allowed of being proved by m"" peter 
Twisden & m"" Jn° ffabes who tooke oath thereunto, & the 



31 8 NEW HAMPSHIRE COURT RECORDS 

Court ord" the execu" or oVseers to bring in unto next Court 
of Associates an Inventory of his estate. 

Richard Morgan came into Court & confest a Judgem* of 19^ 
14^ 4^ to be p'^ in m"^*''^'= white & red oake pipe staves at price 
Curr* to be deliv^ at som Conveinent Landing place in exeter 
due unto John ffoss: 

Gran, execu. 7 June 1674 

Granted Licence unto Jn° Johnson of Greenland to Keepe an 
ordinar}^ there to entertaine strangers: 

Granted to Edw: West of Gr* Island the renewall of his Licence 
to Keepe a house of entertainem* he paying his duty according 
to ord' of Gen : Court to y^ Collector. 

The Jury of inquest brought in theire verdict concerning the 
untimely death of Robert Williams brought into Court & is 
putt upon file together w**" an acco* of his charge Layd out upon 
his buriall allowed of & y*' Court ord" that it be p'^ him by Elias 
stileman w"*" is i' 17^ & doe further ord' that y^ estate secured 
by him as a publick officer (w"*" they approve of) he Keepe in 
his hand & make the best Improvem* by selling any ^te thereof 
to pay such emergent charge out for y^ deceased & secure the 
rest untill this Court or the Court of associates take further 
ord"^ thereaboute. 

It appearing unto this Court that there weer two Indians 
taken upon suspic'on (on two horses riding ov the River of 
piscattaq'') that they might have stolen them from some of the 
English the Like not having been Knowne before, & being Con- 
trary to Law y^ y" English should sell horses or horse kind to 
y^ Indians, & thereupon brought before authority here weer 
examyned & Comitted to prison tell y matter might be Cleare 
^ch gd Indians having made an escape, & upon Informac'on 
given by y^ worp' Major Willard thereaboutes : The Court orders 
that the whole case may be drawen out by the Clarke of this 
Court & sent to y^ worp' Cap* Googin, & informe y* the Indians 
may have theire horses againe when they send or Come for them, 
paying Thirty shillings for theire Keeping & charge thereaboute. 



NEW HAMPSHIRE COURT RECORDS 3I9 

Ephra. Crockett for taking away y Indians horse upon sus- 
pition as he ownd & not Informing of Authority Nor yett 
securing y Indian as well as his horse or mare Sentence of 
Court that he pay a fine of 20« & ffees: 

Whereas there hath been Granted unto John Clarke Edw: 
Cator & W"" Lux Administrac'on (to y estate of Tobias Burnell 
deceased) by authority in this County, & since that Adminis- 
trac'on granted unto Abell porter to y s^ estate by authority in 
Boston, & the s*^ persons not agreeing amongst themselves 
thereaboute, motioned the same unto this Court to determin, 
The Court doth Judge it is most meete & according to Law that 
those persons that had administrac'on granted by authority 
here should have theire power Continewed, & for y^ the estate 
being wholly w^^^in this County 

Granted unto peter Glanfeild & Ruth Stevens y^ relict of 
Caleb Stevens deceased Administrac'on to s'* Calebs estate, & 
bind them in 150' bond to adminis' according to Law, & bring 
in an Inventory of y estate unto y« next Court of Associates 
held at portsm", & whereas there is some debt or debts owing 
to m"" Martyn and m'' Hunking aboute his fishing voyage this 
winter past, & to prevent the Spoiling of his share of fifish ord' 
that Y" Administrato" pay his share of fish and portledge to s"* 
persons & make the estate deb"" & Credito"" for it 

peter Glanfeild & Ruth Stevens above Named acknowledge 
themselves to stand bownd unto the Tressu"" of this County & 
his successors in the some of 150' sterl well & truly to be p^ if 
they faile to ^ forme this ord' above. 

Granted Administrac'on unto Jn" partridge & Mary Clarke 
y^ relict of Edw: Clarke lately drowned unto y^ estate of s** 
Edw: Clarke & ord"" her y said Mary not to dispose of any of 
y" estate without y consent of s'^ Jn° partridge & enjoyne them 
to bring in a true Inventory of y^ estate to y^ next Court of 
Associates held in portsm° to be setled & to give bond of 200' 
& tye all y« Land to be responsible for theire administring 
according to Law: ffurther ord"" that his Eldest Son Jn° Clarke 



320 NEW HAMPSHIRE COURT RECORDS 

by his first wife be putt to prentice by Cap* Cutt & Elias Stile- 
man who have hereby pow so to doe 

And doe bind his Eldest daughter Sarah unto her Aunt Sarah 
Waterhouse untill she be of age of i8 yeares or shalbe disposed 
of in marriage, unto w"^ both ^ties consented & accepted: 

Mary y servant woman of Xtop"" Jose & her child being by & 
^th ye consent of s^ Jose & y" ord"" of Court y^ Last yeare Kept 
by him, & he being not willing to Keepe her any Longer This 
Court orders that y select men of y" towne of portsm" take care 
aboute her & dispose of her & her child. 

M''^ Katherin Hilton testifieth in Court that being at y'' Labour 
of Katherin Curcuet, & examyning who was y" father of her 
child & that in her extremyty she replied she had tould already 
& that it was Hugh Latimor & that noe other had to doe with 
her 

John Morrell being bound over to this Court in a bond of 
ioqi for Hugh Latimors appearance to answ^ for his begetting 
Katherin Curcuit w*** child as she afifermith in her examynac'on 
before authority & by witness of those y* weer at her Labour & 
confidently afhrming y*^ same in her extremity — The s'^ Lati- 
mor not appearing. The said Morrell Left himselfe to y mercie 
of this Court to determin thereof as theire wisdoms should 
see best 

This Court declaires the s'^ Morrell his bond of lOo' forfeited, 
& ord'' y* he take care & provide for the child according to Law at 
his owne cost & charge untill this Court take further order, & y" 
Court will forbeare taking of y" forfeiture untill he fale of taking 
care & providing for y" child & secure y Towne of portsm". 

This Court grants L* pomfrey y" renewall of his Licence to 
retaile Strong waters 

M' Ezekiell Knight brought into Court an acco* of w* charge 
he hath been at aboute maintaing & the bringing up John Lov- 
erins children from y" time of his marrying Hester Loverin his 
widdow untill y" time they weere putt out. In Considerac'on 
whereof this Court allowes him all the movables menc'oned in y^ 



NEW HAMPSHIRE COURT RECORDS 321 

Inventory of s'* Loverins estate, & to reshave & pay all s'^ Lov- 
erings debts, but they reserve the house <S: Land menc'oned in y 
said Inventory to be for y children according as this Court shall 
see Cause to ord' together w*^ the rents thereof from y time of 
y« death of s"^ Knights wife relict of s'* Loverin, ffurther ord' & 
Impower Cap' Jn° Wincoll gardian to y children that he Looke 
after & gather in the rents of s'^ house & Land for y use of the 
children, & to Lett & set y" same from time to time till this Court 
take further order, & y* he dispose of y^ eldest daughter either 
by putting her out or Continewing of her w'^ m"^ Knight as may 
be best for y childs Good: 

This Court Confirmes the Administrac'on granted unto y* 
widow Mary Drew who brought into Court an Inventory of y^ 
estate of her James Drew deceased unto w''^ she tooke oath And 
y« Court ord"" that she have all y movables to her selfe for ever, 
& y^ whole estate for bringing up y children during y Courts 
pleasure. 

It appearing to this Court by testimony upon file that Hum- 
phry Churchwood is Brother unto Gregory churchwood deceased 
& y^ next apparent heire. This Court ord""^ y* what estate John 
ffabes the Administra'' hath in his hand of s^ Gregories, & re- 
maining of all Just debts p<^ be delivered to s'l Humphrey, y 
acco* of y whole estate to be brought in to the Next Court of 
Associates 

Granted unto Thomas Abbett Administrac'on unto y estate 
of his Brother Walter Abbett who dyed in Jamaica Intestate, & 
give him the whole estate 

Thomas Canny was sent for by the Court for y^ in some of 
gran Jury their fight y Last night it seemed to them that he had 
dranke to access, he Confest y same is sentenced to pay a fine of 
ten groats & fees: 

This Court sees meete to Continew W" penney in prison till 
this Court or authority take further ord^ & if he doe not behave 
himselfe well & worke for his Living that Major Waldren shall 
cause him to be whipt as he in his discretion shall see Cause. 



322 NEW HAMPSHIRE COURT RECORDS 

Granted unto James Waymouth of Isles of sholes y^ renuall 
of his Licence 

upon y motion & request of Jn** fifabes to this Court that he 
might have Liberty to supply his ffishermen w**^ Liqu' as theire 
occasions should call for it in greater or Lesser quantitie he not 
selling to any out of doores or to any other Less then y Law 
allows all ^sons is granted him 

Granted unto W'" Gotten & Jn° pickerin y^ renewall of their 
Licence they paying their entrie to y*^ Collect"" is granted them. 

Granted unto Sam" Wintworth of y" Gr* Island y« renewall of 
his Licence 

W"" ffurbush being brought before y" Court for giving the 
Indians Strong Liquor owned that he had halfe a pint & dranke 
one dram himselfe & gave Richard y Indian one dram & m'' 
Harry y" Indian being then in his Company said he dranke a 
dram of it allsoe. Sentence to pay a fine of lo^ mony & ffees. 

Jn° Clarke Edw: Gator & W"' Lux brought into Court an 
Inventory of the estate of Tobias Burnell & made oath thereunto 
& promised to bring in to be aded w* more should com to there 
Knowledg, & the s^ Jn° Clarke & Edward Cator acknowledge 
themselvs bound unto y^ Tress"" of this County & his successors 
in y sume of lOO* to respond y" estate y* shalbe y" balla. & de- 
liver up the same when y" Court shall call for it 

The Last will & testament of Eld"" Hatevill Nutter brought 
into Court & proved by y^ Revern'^ M"" John Reyner & John 
Roberts alsoe an Inventory of his estate not sumed up put upon 
file of this Courts records. 

The ending of y*^ County Court June 1675 

[Court Papers, vol. 3, p. 265.] 

At a Court of Associates held in Dover y^ 29 Sep* 1675 

Richard Comins p' aga* James Leech Richard Endle & 

phillip Adams def^' in an acc'on of Trespass upon y« case for 

damage done him in his Indian Corne by theire wives the said 

James Leech & Richard Endle being accessary or abetters there- 



NEW HAMPSHIRE COURT RECORDS 323 

unto this Last Spring wherein y" s^ Comins is dampnified aboute 
']'] bushells of Indian Corne. 

Court finds for y" p' 35 bush: of Indian Corne & cost 3' 5' o"^ 
vera Copia attests EHas Stileman Cleric 

The defen'^ appeales from this Sentence unto y" next County 
Court held in Dover, & Mihill Endle Jn" pickerin & James Leech 
bind themselves in y*' sume of 12' Ster' unto Ric: Comins y« 
pi' that y" defend*^ shall prosecute this appeal to effect accord- 
ing to y" Law of appeales: def*' cost 5^ 

vera Copia attests Elias Stileman Cleric 

At a Countie Court held in portsm" y" 27**" of June 1676 
p'sent Worp" W"" Stoughton esq'' Majo' Ric: Waldren M' 

Ric: Marty n Cap" Tho: Daniel Elias Stileman Associates & 

took y* oath 

Gran Jury 

AT'' John Evans Geo: Bromhall 

Jos: Canney James Leech 

Sam Keaise Rich: Row 

An° Brackett Charles Addams 

Xtop'' Joce Rob* Burnam 

Sam: Haines Sen-^ Walf^ Rendall 

Jury of Trialls 

M"^ Jn° Shepway Ric: Stileman 

L* W™ Vaughan ffran : Tucker 

Wat^Randell Jos: Hall 

Jn° Sherburne sen' Jos: Canney 

Obadi: Morss Tho: Laiton 

ph: Lewis Jos Smith 

Jurys Verdict of y^ untimely end of Jn° Cox brought in & put 
on file 

Sam'' Clarke p' ag* Geo: Huntriss def* in an acc'on of Appeale 
from the Sentence of M'^ Rich: Martyn as ^ attachm* 



324 NEW HAMPSHIRE COURT RECORDS 

Jury find for y" p' y^ reversion of y'' former Judgm* & cost of 
Court 17 shill 

Cap* Charles ffrost admstra^ to y« estate of Nic° ffrost p' 
against Jn° pickerin def* in an accon of the case for y« forfeiture 
of 40' New-England mony for y^ not paying & deliv"^ a Certain 
sum of New Engla. money w**' a ^cell of goods conditioned in 
an obligac'on as ^ attachm* 

Jury find for y*' p' the bond forfeited of 40^ & cost of Court 
I' 4« 6^ 

The Court sees no Cause to Chancer y*' bond but allows y"' 
whole. 

The defend* appeales from this sentence & Jn° pickerin defn' 
& Nehe: partridge acknowledge themselves bound in 80' to 
procecute this appeale to effect at y*' next Court of Assistants 
according to y" Law of appeales. def*« cost 18' 4 

Cap* Walt^ Barefoote p' ag* W" Shugford def* in an accon of 
y case for y^ forfeiture of a bond of Arbitracon of 200^ ster' in 
not standing to or ^forming an award of maj'"" Ric: Waldren 
& L* peter Coffin. 

Jury finds for y Defendant cost of Court 4' 

Cap* Barefoote appeales from this Sentence unto y next Court 
of Assista. held in Boston, & doth bind him selfe in a bond of 
200^ to y^ defen* to prosecute this his appeale to effect according 
to Law of appeales. def*' cost is 2: 14: 6 

Roger Kelly p' ag* Gilbert Cadee def* in an acc'on of y*' case 
for w**'holding of 6' 14^ due by booke — 

Jury finds for y p' 7' 2' 3^^ & cost 

John Lux p" ag* W"" Steevenson defend* The originall process 
not appearing this acc'on Could not proceede. 

Thomas Layne p^ ag* Cap* Edw: Goslin as ^ attachm* on file 
reffered to y bench 

Tho: Deverson p' ag* Cap* Edw: Goslin def* as ^ attachment 
on file refered to y bench. 

Rich<i parret p' ag* Cap* Edw: Goslin def* as ^ attachm' on 
file referred to y bench 



NEW HAMPSHIRE COURT RECORDS 325 

Sam' Wilson p' ag* Cap' Edw: Goslin def* as ^ attachm' on 
file referred to y bench 

Allexsand^ Johnson p' ag^ Cap* Edw: Goslin def' as ^ at- 
tachm* on file referred to y" bench 

Rob' Almery p' ag' Cap' Edw: Goslin def' as ^ attachm' on 
file refer** to y bench 

Robert Whitehead p' ag' Cap' Edw Goslin as ^ attachm' 
on file referd to y" bench 

Cloysenstock fish p' ag' Cap' Edw: Goslin as ^ attachm' 
on file 

Cloysenstock fish p' ag' Cap' Ed: Goslin in an acc'on of Bat- 
tery both referred to y bench 

Cap' Edw: Goslin & his men above Named referred to y 
bench all matters of difTerrence betweene himselfe & his men 
above Named to be determyned for a finall Issue between y" 

Upon y refferrence made by Cap' Edw: Goslin & his men 
above named of theire cases depending to y^ absolute decision of 
y bench, & upon a full hearing of all ^tes & testimonys The 
court doth ord"" & req'' thatt all y seamen Complainants viz' 
Tho: Layne, Ric: parrett Sam" Wilson, Allex"" Johnson, Rob' 
Almery, Tho: Deverson, & Robert Whitehead doe forthwith 
repaire on board, & dilligently attend y^ bussiness according to 
y Command" order behaving themselves in all things Civilly & 
Submissively, & so to Recede on w"* him in y voyage for Eng- 
land, & for y p'"sent Supplie of Necessary wants & Necessary 
expences. It is further ordered that upon y giveing Security to 
their Capt° that they will proceed w"' him in y voyage as above, 
the said Captaine shall pay unto each of them 2 m°^ wages as 
also by a sufficient writing und'' his hand to be acknowledged 
before this Court y' shall secure them from all complaints in 
England against them whereby they may be further damnified 
for any of theire neglects & miscarriages relating to y service in 
y^ black cock untill this time, further order that y s** persons 
shall abate out of the rest of theire wages that is at p'^sent or may 
hereafter be due unto them one monthes wages a peece for y^ 



326 NEW HAMPSHIRE COURT RECORDS 

Neglect of theire duty since they came into this harbor, & further 
that w* moneys or goods y said Cap* hath Lent or paid them is 
to be allowed & discounted out of theire wages w" they Come to 
England at pay table, & this to be a finall Issue of all y Com- 
plaints & differrences 

Upon y hearing of y" differrences referr'* by Cap* Edw: Goslin 
& Hendrick Cloysenstoc fish in his two acc'ons The Court 
allowes him his wages from y" time he was Shipped unto this 
day, & to be Cleare from s'^ Cap* Goslin, & to allow him 15' in 
N-EngH money for damage done him in his arme by s'^ Goslin, 
The s'* stockfish abating out of his wages 3' for the time he wrote 
out of shipp black Cock in other vessells, & one monthes pay s^ 
Hend : Cloysen Stockfish hath received of s'^ Goslin towards his 
wages, & this to be a finall end of all s'* differences betweene 
y" to this day — he served 11 m° at 36 gild"" ^ m° 

Richard Morgan Came into Court & confest a Judgm* of 2 
thousand six hundred of m''chble white oake pipe staves due unto 
Jn° pickerin assign to Cap* Walter Barefoote 

George Hunking & his wife being bownd ov to this Court to 
AnsW upon suspic'on Stealing power from Sam. Clarke & Im- 
proving his man without his consent & Sam. Clark being bownd 
ov to ^cecute him, & he not proving his charge is allowed 15' 
to be p'' by s^ Sam. Clarke 

Silvanis Nock appeared in Court & made choice of L* peter 
Cofiin to be his Guardian 

James Huggins & Jn'' Hall Jun' tooke oath for Constables in 
Dover for y yeare ensuing & untill new be chosen & Sworne. 

phillip Severet tooke oath of Constable for portsm" for y 
yeare ensuing & at y same time tooke y oath of fidellity. 

Granted unto m' Hen : Sherburne Administrac'on to y* estate 
of Ambroce Sherburne his son deceased he giving bond & suffi- 
cient security to Adminisf according to Law & is ord** to bring 
in an Inventory of y estate to y next Court of Associates, his 
owne is accepted of: 

Granted unto Robert Burnam «S: Stephen Jones Adminis- 



NEW HAMPSHIRE COURT RECORDS 327 

trac'on to y" estate of Jn" perce of Dover deceased, they giving 
in bond & sufficient security to adminis"" according to Law & en- 
joynes them to bring in an Inventory of y" estate to y'' next Court 
of Associates to be setled by them 

Rob' Burman & Stephen Jones acknowledge themselves to 
stand bownd in the sume of 20' to y" Tres*^ of this County & his 
successors to ^forme the Courts ord'' aboute the Administra- 
c'on granted y™ as above : 

The Constables of Dover viz' James Nute & Nic" Harris for 
not making of timely returne of y warr'« are sentenced to pay 
a fine of 50' apeece Upon y humble petition & acknowledgm' 
theire fine is remitted. 

Cap' Walter Barefoote being apprehended & brought before 
this Court for Contempt of Authority, the w"** y" Court upon ex- 
amynac'on Judge meet to, & doe bind him in a bond of 50' to 
appeare at y*-' next County Court to be held in Norfolke to ansW 
y^ same, y Court is contented to take his own bond Cap' Waif 
Barefoote acknowledge himselfe to stand bownd to y Tres'' of 
Norfolke & his successors in y sume of 50' that he will appeare 
at the next County Court their to ansW his Contempt as above : 

Upon y petition of W"" ffurber Sen"" to this Court for y dis- 
posing of m" Hill The Court ord" that y selectmen of Dover 
forthwith take care of her and remove her from m'' fifurbers 

Jn" Waldren being Som'oned to appeare before this Court to 
answ being suspected to have traded w'^ y Indians, proc- 
lamac'on being made in Court that if any could charge him 
therewith should appeare, but none appearing he is discharged : 

Tho: Bray & Jn° Bickford of Dover being bound ov to this 
Court for Neglect of y duty upon y^ guard whereby y" Indians 
escaped out of prison appearing 

The Court sentence them to pay a fine of 10' a peece in mony 
or goods at mony price, & Stand Com'itted untill it be p"^ & 
fees 5« 

James Browne being bownd over unto this Court by y^ Court 
of Associates in march last for uttering se\'erall Speeches re- 



328 NEW HAMPSHIRE COURT RECORDS 

fleeting upon the authority of this Jurisdicc'on & divers ^sons 
und' authoryty &c, as ^ y^ Court records appearing put on file of 
this Courts records — Sentence of Court to be whipt to y^ Num- 
ber of 25 stripes on his naked back or redeeme it by a paying 15' 
in money, if whipt then to pay y^ Cost of Court 51 & fees & be 
bound in a bond of 20' to be of y" good behavior & to Stand 
Comitted untill this Sentence be ^formed: the Court accepts 
his owne bond: upon his petition the Court abates him 5' of his 
fine so he paye but 10' 

Thomas Paine being bound ov unto this Court to answ for his 
Trading w**' y^ Indians is proved — Sentence him to pay a fine of 
10' the beaver y* was seazed to Lie in Costody untill this fine be 
p'^ & ffees: 

Samuel Whitwell appearing in this Court having been Comit- 
ted to prison for his refusing to pay for y^ Keeping of y^ 2 chil- 
dren Honor Serv* to Ric: Comins Laes to his charge, The Court 
ord" him to pay 3^ a weeke from y^ time of y berth & to Con- 
tinew untill this Court take further ord'', & to give sufficient 
security for y ^formance thereof or to pay y*' selectmen of 
portsm° iS^n mony, who have hereby pow to rec. the same 
or sell him for 4 yeares service, & to stand Com'itted untill this 
sentence be ^formed: & fees Court 

Nic° Bickford being bound ov unto this Court for theving & 
stealling from sundry persons in Strawbery banke, & Mary his 
mother for receiving y^ Same owned Sentence of Court to be 
forthw**^ whiped y" s'* Nicholas to have 25 stripes & his mother 
Mary 15 & fees this Sentence was executed. 

Joseph Hall moving this Court that having peter Babb Son 
of philip Babb that is now fatherless & motherles that he might 
be somw* recompenced for his bringing up he being but 5 yeares 
of age y Next michaelmass & hath Kept him 2 yeares already — 
the Court Considering y^' p^'misses doth bind y s^ peter Babb as 
an Apprentice unto y^ s'^ Joseph Hall his heires & assignes w*** 
him & them to dwell untill y s^ peter Babb be at y age of 21 
yeares y s'* Hall his heires & assignes maintaing him with sufti- 



NEW HAMPSHIRE COURT RECORDS 329 

cient of meat drinkc clothes washing & Lodging during y*^ s*^ 
terme & to teach him to Read & write the w"*" y" s'* Joseph Hall 
engaged to do before the Court 

Granted unto P^lias Stileman Administrac'on to y estate of 
Rob* Williams that wase murdered & ord' him to bring in an 
Inventory of y" estate to y'' Next Court of associates to be 
settled 

The wife of Jn" Kennestone being p'"sented for railing & re- 
vileing words proved Sentence that she forthwith stand gaged 
halfe an hower: & fTees. 

This Court grants Administrac'on to y*" estate of Thomas 
Trickle unto Elizabeth Trickle Relict of y s*^ Thomas & en- 
joines her to bring in an Inventory of y estate unto y Next 
Court of Associates to be setled according to Law: 

fTor the settleing of y^ estate of Edward Clarke deceased This 
Court ord" y' the house barne & Island whereon he Lived called 
Docters Island, that his widow Mary Clarke shall have y use 
of untill Jn° Clarke & Sarah Clarke w<=^ be had by his first wife 
shall com to age y" son at 21 yeares & y daughter at 18 yeares, 
the son to have a double portion & as either of them come to age 
to receive theire parts thereof & after both are com to age the 
widow to have her thirds of y" whole during her Life & her thirds 
to be devided to y fores'^ children in such proportion as aboves"' 
after her decease And y^ rest of y estate mentioned in the In- 
ventory to be to y widdow for y bringing up the three Children 
she had by s*^ Clark she receiving all y debts due to y estate 
and pay all debts due from y^ estate, the Inventory put on 
file of this Courts records : 

John Hunking having taken to bring up a child of Jos: 
pomrey namely John pomrey from y^ cradle, it being both father- 
less & motherless, ffor a recompence This Court binds y^ s"* 
Jn° pomrey unto s*^ Jn° Hunking w*^ him & his assignes to dwell 
as an aprentice untill he shall come to y= age of 22 yeares being 
of y age of five yeares y 20 of Janua: now last past 

John Bowman motioning this Court that having taken a child 



330 NEW HAMPSHIRE COURT RECORDS 

of Joseph pomreys (viz* Abigail his daughter a young child) that 
he might have her for some time Certaine This Court binds 
her to s"^ Bowman & his assignes w**" him & them to dwell as an 
apprentice untill she shall be at y^ age of 19 yeares. 

The Court grants & ord" that y County make a rate of 80' 
for y discharge of the County debts. 

m"" Job Clements being p'"sented for working up his owne 
Leather Contrary to y" Law owned by him, is sentenced to pay a 
fine of 20^: 

m'' W"" Henderson as Atturney to William Tapping & Johan- 
nah Tapping of London Administra'^ to y" housen & Land of 
Cap* John Sealy deceased in y hand of Elias Stileman who had 
granted him Administrac'on to y same by the County Court 
some yeares since to Looke after y same till a right claim should 
be made by his y s** Jn° sealys heires or adminis" out of England 
should appeare This Court upon examynac'on of s'* Henderson 
Ler. of Atturney & other writings exhibited to this Court now on 
file doe ord'' that the s'' Housen & Land w"*' are on Docters Island 
be forth with deliv'' up unto s"^ W" Henderson for the use of s^ 
W" Tapping & Johannah, & to Stand responsible two years in 
case a better title & claime should appear y s'^ stileman to be p^ 
for his time & trouble Looking after y same, & ord"" y* y clarke 
take a coppie of his s'^ Hend''sons Ler. of atturny & returne y^ 
originall 

bill of p'"sentm*^ 

Joane Deament p'^sented for striking Joane Grant owned by 
her Sentence to have an admonition 

John Bickford Jun'' for being drunke on y^ Lords day owned 
by him Sentence to pay a fine of 10^ & to have an admonic'on for 
being so on y^ L'^^ day & fees. 

Hen: Light of Isles of sholes & Ric: Ambrose for fighting, 
Ric: Ambrose appeared & owned it was in his owne defence: 
Sentence to have an admon. 

Benjamin yorke & his wife for fornicac'on owned Sentence of 
Court himselfe to be whipt to y« number of 15 stripes & she to 
y* Number of 10 or redeeme it by a fine of 4' in money & fees 



NEW HAMPSHIRE COURT RECORDS 33 1 

5' they chose to pay theire fine & Nic: Harris acknowledged a 
Judgm* to pay it in 3 m° time in m'^ch* w**^ oake p : staves at money 
price, w^ y" Tress'' accepted 

The Towne of Dover & portsm" for want of a passable high 
way between y North bridge of Greenland & Bloody poynt 

The Court ord" that y" way may be made passable by y two 
townes by the next Court of Associates & to y" signified or pay 
a fine of 5' & ffees: 

The Towne of Dover for want of a passable high way betweene 
Lamp''!! River & Bellymys banke. The Court ord" that y* 
Towne make the way passable by y next Court of Associates & 
Signifie to them or pay a fine of 50^ & fees: 

The Towne of Dover for a passable high way from Bickfords 
poynt & Oyster River falls the Court ord" y* y way be made 
passable by y" next Court of Associates or pay a fine of 50^ & 
fees: 

The Towne of Dover for want of a schoolhouse according to 
Law, The Court enjoynes them to build or gett one by this 
time Twelve m° or pay a fine of 10' & ffees. 

W"" Croscum for Living from his wife This Court gives him 
untill this time 12 m° to goe home or pay a fine of 20' & ffees. 

Tho: Ladbrooke petitioning to be freed from Com'on Trayn- 
ing at Strawbery banke because severall Infermyties is Granted 
he paying 6' a year to y^ Train Comp. there 

Obadiah Morss petitioning to have his fine taken of or abated 
for not attending to serve on Grand Jury last yeare The Court 
abate y^ one halfe so y* he is to pay but lo^ 

Jn° Morrell came into Court & confest a Judgm* of 14' in 
N — England money due unto phillip Sebritt. 

Tho : parker petitioning to have his fine abated or remitted for 
selling Rum The Court abates 3' so he pay 40 shil 

The Last will & Testam* of Allexsand"" Waldren brought into 
Court & proved by Elias Stileman & Nathan" ffryer allowed 
& Isaack Waldren y^ execu"" brought in an Inventory at y^ same 
time amounting to 383' 18^ 7^ unto w"*" he tooke oath & promised 
to bring in to be aded w* should com to his Knowledge. 



332 NEW HAMPSHIRE COURT RECORDS 

Last Will & Testam* of Henry Tibbetts brought into Court 
& proved by m"^^ Judeth Reyner allowed John Roberts an Inven- 
tory of y ^ estate amounting unto 207 ' 5^ 0*^ unto w"** he tooke oath 

The Last will of phillip Benmore Brought into Court & 
proved by Joseph Canny & Silvanus Nock who made oath 
thereunto, allowed Also an Inventory brought in & sworne 
unto by m"" Jn° Evens amounting unto 81' 8« 3*^ 

This Court grants unto y widdow Elizabeth Beard Adminis- 
trac'on to the estate of her deceased husband W"" Beard who 
brought in an Inventory of y" estate at y^ same time amounting 
unto 262' II* c* & tooke oath thereunto, the settlem* of the 
estate & y^ Courts acting there aboutes is entered on y back 
side of y Inventory put on file 

The Last will of Jn'' Screven brought into Court & proved by 
Majo*^ Ric: Walden sen"^ & m"^ Ric: Waldren Jun"^ & an Inventory 
of y® estate brought in at y^ same time & sworn unto, putt on file 

Jn° pickerin brought into Court an Inventory of y^ estate of 
Joseph pomrey deceased & made oath thereunto, being Ad- 
ministrate & the Court ord'^^ that Jn» Bowman who tooke one 
of s'^ pomreys children shall have 12 • out of y^ estate in y 
moveables as it is apprized in y Inventory put on file 

Last will & Testam* of Cap* Ric : Cutt brought in to Court & 
proved by m"" Jn° ffletcher who made oath thereunto: Also an 
Inventory of his estate amounting unto 9772' ii« 8*^ Sworne 
unto by y^ executrix menc'oned in the will who promised to 
bring to be added w* more should com to y Knowledge 

The Comisson" of Dover & portsm° in march Last having 
Granted Administrac'on to y estate of W"" Roberts deceased 
unto W" ffollett W'" Williams Sen"" W"" Williams Jun"^ James 
Bunker & Richard Oates, all w"** persons refusing to accept save 
only Ric: Oates, wherefore This Court grants administrac'on 
to y s"* Roberts his estate unto y" s^ Rich: Oates alone & binds 
him in a bond of 200' ster' that he administer according to Law, 
And it appearing to this Court that there are severall debts the 
s** Roberts owes & not movables enough to pay y^ same, The 



NEW HAMPSHIRE COURT RPXORDS 333 

s** Ric: Oates hath granted him Liberty by this Court t(^ sell 
any part of y" Land for paym' thereof, The Court of Associates 
for Dov & Portsmouth allowing the same, he bringing in to 
y"* a true Inventory & account of y" same. And further ord"^ 
that m"^ Job Clements one of the Selectmen of Dover to be 
Joyned w**' him for y ordering & disposing of the widdow & 
w' estate shall remaine after y^ debts be paid, & for the putting 
out of the children in places sutable. 

This Court ord" that y two Captives brought in by Squan- 
do being freindless, be disposed & putt out by the Com'itte 
appoynted for & aboute the Indian affaire for piscattaq'' Riv 
untill they shall come of age. 

The Court allowes the two serv" y* wayted on m' Staughton 
& m' Nowell 20« apeece to be p'^ by y*' Tress"" in Boston Cleare of 
all charge if it be in Lumber 

At a Countie Court held in Dover y Last Tuesday in June tS: 
adjournm* held in Dov y 31 octo"" 1677 

p'sent Y" worp" Jos Dudley esq' Majo"^ Ric: Waldren m' Ric: 
Martyn Cap* Tho: Dainel Elias Stileman associates 

Gran Jury 

Job Clements sen"" phillip Odiorne 

Jn° Dam Jun'^ Jn° Hunkins 

Tho : Whitehouse Geo : Lavis 

Gershom Wintworth Ric: Stileman 

Jn° Bicford sen"" L* Neale 

Jn" Hill ' W- Lux 

Jury of Trialls 

L* Gerrish phillip Odiorne 

L' Nutter Jn° pickerin 

Tho: Roberts Jn° Dennett 

Jn° Wingett Sam : Wintworth 

Jn° Woodman Steven Jones 

Tho: Edgerly Joseph Hall 



334 NEW HAMPSHIRE COURT RECORDS 

fifran: Ran being chosen & som'oned to serve on y^ Gran Jury 
& not appearing being Legally Called is Sentenced to pay a 
fine of lo^: 

Jn° Light being chosen on y« Gran Jury being Som'ons & 
Legally called & not appearing is fined io« 

m' Geo: Wallis p^ ag* James Rendle def* y*' p' & def* being 
called & neither appearing y p^ is Nonsuted. 

John Odiorne p' ag* Hugh Allward defen* in an acc'on of y^ 
case for y forfeiture of a bond of twentie foure pownds money 
for non ^forming or paying of 12' in money & m'"ch*^'*' Cod 
fifish according to Condic'on &c. both ^ties referred y^ case to 
y^ II Jn° pickerin being taken of upon plea Jury find for y^ p' 
the forfeiture of y^ bond & cost Court 20« 6'* The Court Chan- 
cers the bond & allowes y^ p' 20« & cost 20« 6^ 

Gran, execu. 24 dec 1677 

m"" Jn° Cutt p' aga* Charles Hilton def' in an acc'on of y^ case 
for y^ forfeiture of a bond of 50' ster for not paying of 25' in 
boards & staves according to condic'on : 

Jury finds for y" p' the forfeiture of y^ bond & cost 20« 6'* 
Court saw no reason to Chancer y^ bond : 

Gran* execu. 3 Dec 1677 

m'' Nath: ffryer p' ag* James Rendle def* nonsuted: 

Nathan Bedford p' ag* Jn" Yabsley def* nonsuted: 

John pickerin p' ag* Tho: Dew def* in an acc'on of the case 
for w*%olding of fourtie four pounds or thereaboute Curr* 
money of New England or so much as shall appear Justly due 
as ^ attachm* 

Jury finds for y p' fortie one pownds 4^ 6'* in Curr* money of 
New Engla. & cost 19^ 6^^ y" defend* being out of y« Country 
Judgm* according to Law to be entred next County Court 

At a Countey Court held in portsm" 25 June 1678 y^ Court 
ord" y" Judgm* to be entred according to y verdict 

Gra. execu. 26 octob 1678 

John partridge p' ag* Mary Clarke in an acc'on of appeale 
from y" Court of associates withdrawen 



NEW HAMPSHIRE COURT RECORDS 335 

Jn° partridge p' in an acc'on of appeale from y" Sentence of 
the Court of Associates held in portsm" y" 26 Dcccmb. 1676 for 
selHng strong drinke wine or Liqu' w'''out Licence with drawen 
his sentence was 5' & ffees: 

Humphrey Wilis of Devon in y Kingdom of England ap- 
pearing in Court w*** Letters of Atturny from Agnis Burnill of 
s'* County for y" receipt of y* estate late of Tobias Burnel dying 
intestate in y County of Dover & portsm", the administrat" 
to s*^ estate appearing in Court, & by s'^ Letters of atturny & 
privat Letters compared therewith weer satisfied, This Court 
ordereth that y" s'^ Administrators John Clarke & Edward Cator 
deliver the Just ballance of s'^ Estate unto s<^ Wills, for Its 
returne for England accordingly 

m' peter Twisden m"" Jn'' Hunkings & m"" John ffabes tooke 
oath of Com'isson" for Isles of shoales. 

The Court grants administrac'on unto Elizabeth Layton 
phillip Cromwel & Jn° Tuttle to y estate of Thomas Layton 
deceased, who brought in an Inventory of s^^ estate & sworne 
unto by y" s^ Elizabeth & phillip Cromwell & promised y' w* 
more should com to y Knowledge they would bring it in to be 
added. 

Edward Melcher tooke oath for Constable in portsm" 

Samuel Clarke being bownd over into this Court to answ' 
for stealing of a paire of Silver shoe buckells from phillip ffall 
It being proved by Evedence put on file Sentence of Court to 
pay Treble damages viz' lo' mony & returne y^ buckles & cost 

10" 

Gra. executi. 14 Septemb. 1678 

John partridge & Nehemiah partridge tooke y oathes for 
shearchers of Leather George Bromhall alsoe tooke y same oath 

George Bromhall being Indited for working up Leather Con- 
trary to Law proved, & is y 2^ offence The Court sentence him 
to pay a fine of 50^ money & ffees & cost 3^ witnesses 

Nehemiah partridge Indited for working up Leather con- 
trary to Law proved Sentence to pay a fine of 20« mony & fifees. 



336 NEW HAMPSHIRE COURT RECORDS 

]n° Bickford petioning this Court to have an abatem' of his 
fine by reason of his Low estate The Court grants y petition' 
the abatem* of 5' provided he pay 5^ 2^ 6^ in money to y^ tress' 
forthwith 

L* pomfrey is allowed to retale Strong Liqu"^ in his house 

Granted Administrac'on unto Martha West & George Walton 
to y^ estate of Edward West deceased they giveing security 
to administer according to Law they brought in an Inventory 
amounting unto 540' 14^ 6"^ unto w"^ s*^ Martha tooke her oath 
& ^mised to bring in w* more should come to her Knowledge 
to be added. 

Upon y" motion of y Rev* m' Joshua Moodey & m' Jabez 
fifox in behalfe of m" fTrancis Reyner informing y will of y 
estate of m' Jn"' Reyner to be voyd by y*" renounciation of the 
executo" This Court doth graunt administrac'on unto s*^ ffrancis 
Reyner on behalfe of her selfe & relac'ons she bringing in an 
Inventory giving her bond & caution upon y*' Land & housing 
belonging to s"^ estate, securing y^ same to this Courts disposition 
& payment of debts & to administer according to Law : 

As also upon y motion of s^ m" ffrancis Reyner for some ord' 
of this Court for the procureing of y^ meanes of s^ m' Jn" Rey- 
ners maintainance due from y towne of Dover This Court 
doth ord' y* y select men of s'^ Towne take effectuall care 
for y^ bringing in of y*' same to y s'' administrato" w'^'in Six 
monthes ffollowing: 

Granted unto Agnis Cowell in behalfe of her selfe & children 
administrac'on to y^ estate of her Late Husband Edward 
Cowell deceased she giveing in bond to Administer according 
to Law, the s"* Agnis brought into Court at y^ same time an 
Inventory of her s** Husbands estate & tooke her oath there- 
unto. 

It appearing to this Court that y widdow of Edward Cator 
deceased being in England & in distress This Court ord" y* 
m' Jn° ffabes the p'sent administrator send 20 pownds home for 
her releife, and y*' rest of the estate to be delivered into y* hands 



NEW HAMPSHIRE COURT RECORDS 337 

of James Blackdon who p-'sents atturnyship to s*^ Cators daugh- 
ter provided he give sufficient Caution to respond y" same for 
such as shall make a better claime & title to appear 

The Last will & testam* of Lawrance Carpenter brought into 
Court & proved w"* an Inventory of his estate sworne unto by 
Tho: Jackson: put on file 

This Court binds Grace Carpenter y" daughter of Lawrance 
Carpenter being of the age of three yeares & a halfe ould unto 
Thomas Jackson & Hannah his now wife untill she shalbe i8 
yeares of age they finding her sufficient of meate drinke apparrell 
washing & Lodging & to teach her to reade & such housewifeag 
as is sutable for her & as Law requires, y'" s^' Jackson being her 
fathers executor. 

Granted unto m*" Jn" ffietcher & Israeli phillips administrac'on 
to y^ estate of Robert Bradrock deceased who brought in an 
Inventory of his estate & made oath thereunto put on file. 

The Inventory of y*" estate of Robert Manson brought into 
Court & Sworne unto by Elizabeth putt: & is on file 

Agnis Moore brought into Court an Inventory of her deceased 
Husbands estate & made oath thereunto & is put on file 

Last will & Testam* of Tho: Nock with Inventory brought 
into Court proved & Sworne unto & is upon file 

The Last will & testam* of Jn" Hall of Greenland brought into 
Court & proved put on file. 

Inventory of Jn° Kennestone brought into Court & Sworne 
unto by the administratrix 

Inventory of James Gate brought into Court & Sworne unto 
by Alice Scate y^ administratrix 

Inventory of y^ estate of Robert Williams murdered in Spruce 
Creeke brought into Court & Sworne unto by Elias Stileman. 

Cap" Elias Stileman presenting by vertue of his office an 
Inventory of y^ estate of Robert Williams late murdered in 
spruce creeke w*'' acco' of debts due from y^ same, doe order 
that out of y^ s*^ estate he make Just payment of s'* debts accord- 
ing to List upon file and receive & secure y same for future 



338 NEW HAMPSHIRE COURT RECORDS 

claime of heires if any be, & doe allow him three pownd out of 
s'* estate for his service herein 

The Last will of Jeremiah Tibbets brought into Court & 
proved together with an Inventory of his estate sworne unto 
by y^ execu"" put on file. 

The petition of Jer: Walford for his guardians granted & is 
on file 

Jn" Amenseens petition w**" answ thereto put on file 

Walter Rendle & Gabril Grubb being bownd over to this Court 
for opposing y^ Constab. of Isles in gathering y^ Country rate 
& making mutinus head theier, upon their humble petition & 
acknowledging their error are dismissed 

This Court binds W"" Indian son of Mary Indian unto George 
Walton sen' untill he be of y^ age of twentie & foure yeares. 

Upon Complaint of L* Anthony Nutter referring to y^ eldest 
son of Thomas Layton late of Dover now in his Keeping that 
there is not sufficient maintanance allowed out of s<^ estate this 
Court doth reffer y" Issue thereof to Majo"" Richard Waldren 
& ord" him to assigne out of y*" estate such a meet proportion 
of the same as is Just for y Eldest Sons maintainance while he 
is in s"* L* Nutters Keeping & this Court takes further ord'. 

Sam^' Wintworth & m'" Jo: Harvy have Licence granted them 
by this Court to Keepe a house of com'on entertain m* to sell 
wine beare & Liq' on Gr* Island: 

Jn° partridge is allowed to Keepe a house of com'on enter- 
tainm* at or neer Strawbery bank 

m'' ffryer m"" Martin m"" Jn° Cutt m'' Ellett m'' Jeffery m' ffabes 
cap* Dainel m"^ shepway Ric : Stileman have all of them granted 
Liberty to retaile wine & Liqu" to their ffishermen 

John Johson Tho: Beard allowed to Keepe an ordinary 

James Waymouth & Roger Kelly are granted licence to Keepe 
houses of common entertainm' on Isles of shoales 

James Tucker being Indicted for Neglecting his duty as 
Constable on y Gr* Island It appearing Sentence of Court to 
pay a fine of 5^ & ffees: 

Josias Clarke & sarah his wife indited for comitting fornica- 



NEW HAMPSHIRE COURT RECORDS 339 

tion before marriage owned Sentence of Court to pay a fine 
of 40* a peece & ffees: upon his petition declaring his very Low- 
condition the Court remitts 40^ of it 

M' Nathaniel ffryer motioning this Court for Liberty to Keepe 
a fiferry from Gr* Island to Kettery poynt & strawbery banke is 
granted him during y« Courts pleasure at the rate for horse & 
man menc'oned in his request or petition put on file 

Upon Compla* of y M''shal of y County of Dover & portsm" 
y* in defect of a Jaylor at Dov prison y place appoynted by 
y* County for y reception of prisoners there was no place of 
restraint of persons upon debt or otherwise Sentenced by this 
Court, It is therefore ordered that y^ m'shall of s^ County & 
Constables respectively have Liberty & hereby Impowred to 
Com'itt persons to safe Costody upon fine execution or other- 
wise unto y prison in y^ fort at Gr* Island & Richard Abbet 
Gunner of s'* ffort is appoynted Keeper & to have ffees paid him 
according to Law untill ffurther ord^ 

At a County Court held in portsm" y*' 25'^ of June 1678 
p'sent y« worp' m' Danforth major Waldron m"" Martyn Cap* 
Dainel El : Stileman associates who tooke oath 
Gran Jury 
W" ffurber sen' w"" perkison 

Obadi: Morss Tho: Chesley 

Geo: Bromhall W" Shackford 

Sam. Haines Jun"" Jn° ffoss 

John Berry James Nute Ju' 

James Leech Richard Wilcomb 

Jn° Meader sen'' 

Jury of Trialls 
m' Jn" Shepway Serg* Brewster 

phil: Lewis Rob* Burnam 

Ens: Drake phil: Cromwel 

Sam" Kaies Nath: Steevens 

Serg* Sherburne Job Clements Ju' 

Hen : Crowne Ric : Wilcomb 



340 NEW HAMPSHIRE COURT RECORDS 

[Court Papers, vol. 4, p. 71.] 

The Grangras Presentments of Dover & Pos*'' 

wee present the Towne of Dover for want of A School referd 
to y County Court for advice 

wee present y Conty for not having A Soficient prison witnes 
Jobe Clements senr Tho: whitehouse ord*" y* y Select men of 
Dov forth with repair y" prison at Dov & m'' ffryer the fort on 
Gr* Island to disburst 40 or 50^ 

wee pres: the Towne of Dover for want of A peare of Stocks 
the Select men to ^vide stocks in 3 m"^ or pay 40* 

wee present Tho : Every & Christiver Kenison for Drinking & 
fighting in A Saterday Night witnes Leonard weeks att Grene- 
land bound in 40^ a peece to appear at y*' next Court of Associates 

wee present Dainel wescot for Living from his wife lis of 
sholes he Liveth 

wee present Roger Shachel & his wife for fighing & Living 
Disorderly Living att Greeneland witnes M*" Hunkin Mary 
Bard sentence to be whipt he to y*' Number of 30 strips & she 15 
only y Court respits his punishm* to y next Court of Associats 
upon his good behav & if they break y bonds in y meane time 
the comis" of portsmoth to cause y" to be whipt . . . 20' bond 

wee present will: Bacan for being Drunk some time in De- 
cember Living at Sandy Beach not to be found : 

we present william Shackford for selling of Drink without 
Licence Living att Dover witnes John Bicford of bloddy poynt 
& will: Fubber proved: sentence to pay fine 5' money ffees or 
mony worth Jn° Tuttle being on of y gran Jury came into Court 
& testified that sundry of y gran Jury to y Knowledge y* W" 
shakford did sell strong drink 

wee present Phillip Squere for being Drunke witnes John 
Bicford of Ouster River ouster River out of y Jurisdiction 

wee present John Bicford Junier of Bloddy poynt for not 
Coming to y Publicke worship of God witnes John Dam will: 
Furber being called & not appearing to answ^ to this prescntm* 
nor as witness in shackfords case a special warr* for him 

wee present will: Harfor for Spending his time in Drinking 



NEW HAMPSHIRE COURT RECORDS 34 1 

Excess Living att Bellimores Banke witnes John Tuttle & 
Gershum wentworth ord' a new somons 

we pre : Phillip Squire & John willey for fighting & Drawing of 
blod living in ouster River witnes william Furber & Tho: 
Edgerly not proved. 

we pre John waldon for Drinking Excess & Spending his time 
Idily Living in Chocheza witnes Joseph beard & Jonathan 
watson ord'' a New somons 

wee present Benjam Matthews his wife for selling of strong 
Drink without Licence ouster River witnes Tho: Edgerly & 
George Gove referrd to next Associate Court 

we present Isaac Stocks for Absenting himselfe for not Coming 
to y Publick worship of God Living att Tomson poynt witnes 
y Gran Jury of Dover sent: admonition & fees 

wee present Christiver Batts for not Coming to y" Publike 
worship of God Living att tomson poynt admonition ^ maj' 
waldren & fees 

we present Henry Russel for being Drunke y*' Last Tusday in 
June Living att y Create Hand witnes M' Jo: Robert & John 
Mitchel to Somons him again 

we present Humphry Sepencer for selling of Drinke without 
Licence Living att y*' greate Island witnes will: Lucks the s"^ 
Humphry Spencer owned y* his wife sold Drinke sentence to 
pay a fine 5' & fees 

we present all y Ordinaries in this Conty of Pothmouth & 
Dover for Brewing of Beare Contrarily to Law in puting in 
Malasses Contrary to Law the witnes y Jury 

Job Clements foreman 
In the behalfe of the Rest 

Constab: Haskins affermed in Court y' when he som'ons 
Sam. Wintworth to Court he said it was not worth Coming 

[Endorsed] Gra. Juryes bill of presentm** brought into Court 
held in portsm° y 25' June 1678 

Thomas Dennis p" ag* Thomas Ladbrooke in an accon of y* 
case. 



342 NEW HAMPSHIRE COURT RECORDS 

The defen* acknowledged a Judgm* of foure thousand ffoote of 
m''*ble pine bords to be deHv'^ at some convenient Landing place 
at y^ mill up the river & 24 shill on demand in mony the bords to 
be deliv'^ by y^ midle of octob"" next due unto s'^ Tho Dennis 
(Gra: execu. i Apr 1679) 

Reuben Hull p' ag* Dennis Morfee defen* in an acc'on of debt 
by bill & booke 

The defen* acknowledged a Judgm* of 9' 17^ ic^ y one halfe 
money & y^ other halfe in shoes as Nehe : partridge sells them due 
unto Reu: Hull: 

Gra. execu. 27 June 1678 

Joseph Morss p' ag* Geo: walton defen* in an accon of y^ case 
with drawen def*« cost 4^ 

Robert Smart p' ag* John Meader sen'" nonsuted y^ attachm* 
put on file def*^ cost I2« 

Thomas Hill pi against William partridge defend* withdrawen 

m' Richard Martyn p' ag* John pickerin defend* Nonsuted: 

Thomas Tare p' ag* Isaac Waldren def* in an acc'on of y*' case 
for with holding from the said Tare 17' 10^ due upon acco* for 
Iron worke done aboute y" shipp primrose or w* shalbe made to 
appeare thereupon, the ^ties Joyned Issue 

Jury finds for y" p^ 17' 10^ in money damages iS: cost 2' 14^ lo** 
file eved. 16*^ 

The defen* appeales from this sentence to y<= next Court of 
Assist in Boston, & m' Nath: Byfield & m"" Nath: ffryer ac- 
knouledge themselves to stand bownd in the sume of 36' in mony 
that y Defen* Is: Waldren shall ^cecute this appeale to effect 
according to y" Law of appeales: def*^ cost is i' I2« 

M' Nath : ffryer p' ag* Jn° Andrews def* in an acc'on of debt of 
above lo^ due by booke on acco* or w* shall appeare Justly due. 

Jury finds for y'' p^ the ball, of acco* that m"" Jn" Jacob made 
^th ye (j(.ft yi ig8 -^d ^ cost of Court ii 7« 6"^ 

Joa: Harvey p' ag* Iccobod Rawlins def* withdrawen 

Jn" Mitchel p' ag* Majo"" Waldren def' with drawen 

James pendleton p' ag* Edward Hilton withdrawen 



NEW HAMPSHIRE COURT RECORDS 343 

The defend* acknowledged a Judgm* of thirtie foure pownds 
l6' w*'' 25* more in all 36' i-^ o<' the one halfe in nT'ch'^'" pine 
boards the other halfe in nT"**' white oake pipe Staves due to s"* 
James pendleton: It was 36' iMn N — E: money 

Gra* execu. 30 June 1679 

Hen: Brookin p' ag* peter Glanfeild def' in an acc'on of y*' case 
for not paying y said Brookin for a ^cell of ffeence made & set 
up for s'' Glanfield as ^ attachm* 

the defend* owned that y feence was set up but w*''out Topp 
riders w'' w*'' top riders he was to give him halfe a Crowne a pole. 

Jury finds for y« defend* Cost 17^ 6'' 

Gra. execution 17 July 1678 

Geo: Walton p' ag* ffardinando Hooff defen* in an acc'on of 
appeale from the Court of Associates held in Dover 25*'' Decem: 

1677 

Jury finds for the p' the reversion of Judgm* & cost 2' 4* 6'* 

Gra. execution 24 May 1681 

Jn" pickerin p^ ag* Tho: Dew defen* in an acc'on of y^ Case for 
with holding of 25 quentalls of good sownd refuse fish & 6 barr'" 
of mackrell due by bill — 

Jury finds for y p' 25 quent^ of refuse fish & 6 barr'^ of mackrell 
or 15' 2' 6^ in money & fortie shillings money damage & cost 18^ 6*^ 

The Select men of portsm" p' ag* ffrancis Tucker withdrawen 

Robert Watson tooke oath of fidellity & Constables oath for 
y Towne of Dover. 

Granted to Roger Kelly administrac'on to y^ estates of Gabrell 
Grubb Nathan Quick & Robert Goodwin Lost at sea inastorme 
the Last winter who brought in an Inventory at y" same time of 
s^ Grubbs amounting to 21' 13^ 6*^ of Nathan Quickes estate 2' 
8' & of Rob* Goodwins estate 2' i« c^ & tooke oath to y" all three 
w"'^ are put on file. 

Granted unto Jn° Amenseen Guardian in behalfe of Jer: 
walford Administrac'on to the estate of Tho: walford the s^ Jer: 
walfords Brother he administring according to Law. 

There being com 'ended to this Court by the Court of Asso- 



344 NEW HAMPSHIRE COURT RECORDS 

dates the petition of Jn° Amenseen as being out of their capacity 
viz* the disposing or ordering of y^ estate of Tho: walford de- 
ceased given by his Last will unto Tho: & Jer: walford his gran- 
children now in y hands of m'" Hen: sherburne & m*" Richard 
Tucker executo" to said will, This Court advised partys con- 
cerned to chuse either of them a friend & y Court to ad a third 
to Audit the acco*^^ of the execu" & to make such propositions 
as they should thinke fitt referring to a settlem* of the same, & 
p'sent w* they should doe herein to y^ next County Court 

m"" Martyn Cap* Dainel & L* Vaughan are y^ ^ties agreed on, 
who are to appoynt time & place & all persons conserned are 
then to attend. 

Dennis A'lorffee appearing before y" Court & being examyned 
doth confess that he had the Leather whereof he is accused to 
have Stolen from Job Clements ie: to whole Tanned hides & 2 
sides & saith y* he fownd y^ same lying on y* flatts on dover 
side & further owneth y' himselfe and Hen : Kirke tooke it from 
thence into his Cannoe & y* y s*^ Kirke received it into his house 
& y* he received pay for the one halfe & y^ other he left in y« 
hands of y" s"^ Kirke, also he confesseth that y« tendered y s'' 
Clements pay for y s'^ halfe part in case that he would have 
proved y* it was his. 

Hen: Kirke appearing & being examyned & confesseth y* he 
was w"' y^ above named Dennis Morffee & he helped him to 
fetch y aboves"^ Leather into his Cannoe & y' it was carried to 
his house and what became of it he knows not 

Sentence of Court is that y s'^ Dennis & s'^ Hen : Kirke pay 3 
fold viz* 9' y Court Judging y" hides worth 3 pownds to be 
equally betweene them both, all in money & as a fine to y^ 
County 40* apecce & cost to y witnesses — & fees 5* the Court 
would not allow Job Clements his bill of Cost 

Nehemiah partridge came into Court & acknowledged a 
Judgem* of 3' 18" due unto m"" Ric: Martyn 

Joseph Stevenson is allowed ii' for his attending on w' 
ffollet he not entring his acc'on ag* him 



ll 



NEW HAMPSHIRE COURT RECORDS 345 

Ric: Neson & Jn" church is allowed 4' apeece for attending 
m' Brakeham who did not ^cecute ag* y"' 

Nathen Nelson being bownd over unto this Court on sus- 
pic'on of Stealing 14 hides of Leather from m' Job Clements, & 
he appearing, & being examyned y" Court vehemently suspects 
he is guilty therefore bind him ov y^ next Court of Associates 
for further proofe, & he acknowledged him selfe to stand bownd 
in 20' N — Eng. money to y^ Tres"" then to appear to Answ w* 
further should be proved against him 

W"" pitman being bownd ov to this Court for robbing of a 
boate & a raft of Timber of John pickerins whereby greate Loss 
& damage hath accrued to s'^ pickerin, the said pitman owned 
the fact in y Court of Associates Last in portsm^ by whome was 
bownd ov to this Court Sentence is that he pay 3 fold viz* 
23' 5' damage to s'* pickerin & be whipt forth with to y number 
of 20 stripes or redeeme it by a fine of 5' & pay costs to witnesses 
& officers 40^ upon his petition the Court abates 40^ so he pay 3' 
downe or be forth with whipt to number of 15 stripes & stands 
comitted untill this sentence be ^formed & ffees. 

phillip Caverly appearing before y^ Court to answ for break- 
ing y« Sabbath viz* y^ Last sabbath day was a sennit proved, & 
It being the 2'^ time Sentence to be whipt to y Number of 10 
stripes forth with or redeeme it by a fine of 20^ money & ffees 
m' Vaughan engages to pay it 

Judeth Broad alias Webster Administratrix to y" estate of 
W"" Broad deceased brought into Court an Inventory of y« 
estate of s'^ Broad amounting to 161' 04^ 00*^ unto w"*' she made 
oath & promised that if any thing more came to her Knowl- 
edge she would bring it in to be added This Court Joynes 
her now husband Steven Webster in administrac'on to y estate 
w**" her 

ffor the settleing of y^ estate of W"" Broad deceased This 
Court doth ord' that Judeth his relict widdow the now wife 
of Steven Webster shall have >^ ^te of y^ reall proffit of y« 
house & land during her life & all y^ movable estate to her owne 



346 NEW HAMPSHIRE COURT RECORDS 

use when all Just debts are p'^ together w*'' y^ benefit of y^ reall 
estate during y^ childrens minoritie the s'^ Judeth & Steven 
standing bound to pay to y" Children of y^ s'^ Broad, To his son 
W"" 20' sterS & to Abigal Broad lo' ster' & to take care for y* 
educac'on & dispose of the s^ Children to service, the Boy until! 
24 yeares of age, & y girle untill 18, w*^ y" consent of any two 
of the associates of this Court. 

Robert Williams being bownd ov to this Court for breach 
of y Sabbath, the w"*' appearing by testimony on file Court 
sentence him to pay a fine of io« & ffees, Cap* Dainel engaged 

In Answ to y^ Wid Eliza Laytons petition The Court ads 
m'' ffryer & L* pef Coffin to y^ rest of the Administra" of Tho: 
Laytons estate who are to ripen matters in paying Just debts 
&c. & make there returne to y next Court of Associates y* 
the estate may be settled by y"" 

The Last will of James waymouth brought into Court & 
proved by peter Twisden & Jn° ffabes. put on file the Inventory 
put up w*^ it 

Inventory of y" estate of Tho: Canny brought into Court by 
his relict widdow now wife to Jn° Winget unto w"*" she made 
oath the settlem* of w"^ estate is entred at the ffoote of the 
Inventory put on file 

The Inventory of y^ estate of James Johnson deceased brought 
into Court by Mary his Relict widdow & sworne unto by her the 
settlem* whereof is entred upon the same unto whome y^ Court 
grants administrac'on to y^ estate. 

Inventory of y<^ estate of Tho: Trickle brought into Court by 
his relict widdow & sworne unto by her & y^ settlem* of y^ estate 
sett at y^ ffoote thereof put on file 

Inventory of y^ estate of Rog"" Holland deceased brought into 
Court & sworne unto by Edw: Holland w**" y^ Courts ord' y' 
abouts entered at y foote y of put on file 

Last will of waiter Mathews brought into Court & proved 
by m' Sam. Belcher & Andrew Deamont w*** an Inventory of 
y" estate put on file 



NEW HAMPSHIRE COURT RECORDS 347 

The Last will & Testam'' of Xtop'' Joce brought into Court 
& proved by m' Jn° ffletcher and Dorothy Jarmin put on file 

The Division of John Godwards estate brought into Court & 
is approved & allowed of put on file 

Inventory of y" estate of Ric: Harvey deceased brought into 
Court & Sworne unto by m"^ Robt Ellet put on file 

Granted to m' Jn" Hunking Administrac'on to y« estate of 
W" Taylor who brought in an Inventory amounting to 7* 5' 8** 
to y w"^ he tooke his oath & promised if any thing more came 
to his Knowledge he would bring it in to be added. 

m' Jn° Hunking brought in an Inventory of the estate of 
Arth' Clapham amounting unto 23' 3' 6^ unto w"*" he tooke oath : 
put on file 

Richard Wilcomb brought into Court the Inventory of the 
estates of Rich: Boyer amounting to 8' ii' 2^ & Inventory of 
Rich: Hill amounting unto 5' 13* & Inventory Noa Greciams 
amounting unto 6' o^ o<^ unto w^ he made oath & promised that 
if any thing more came to his Knowledge he would bring it in 
to be added 

Henry Mayne brought into Court the Inventory of Edward 
perryman & Hen: Light unto W^ he made oath & promised that 
if any thing more came to his Knowledge he would bring it in 
to be added : put on file 

The Court grants y^ renuall of the Licences of Jn° Johnson 
L* pomffrey Tho : Beard Rog"" Kelly Mary waymouth w" Gotten 
Jn" partridge Jo: Harvey Sam wintworth 

Ric: Webber motioning the Court to Keepe a house of en- 
tainment, the Court grants that he shall & may Keepe a publick 
house but shall not sell wine rum or mixed drinks 

m' W"" Vaughan motioned to this Court y* he might be 
guardian to those his children Cap* Cutt y Granfather had given 
Legacies unto for reasons given in a paper put on file of this Courts 
records concerning w<=^ the Court acted nothing thereaboutes : 

Mary Hinckson came into Court & made choice of Serg* Jn° 
Sherburne for her Guardian, 



348 NEW HAMPSHIRE COURT RECORDS 

At a County Court held in Dover y^ 25*^ of June 1679 
p'"sent y^ wor'^ Jos: Dudley esq"" major pike maj' waldren 
Cap* Dainel m'^ Ric: Martyn associats who took y^ oathes 

Gran Jury 

Jn° Hall sen"" w" willey 

Ric: Row Edw: Melcher 

w*" Home phineas Rider 

Tho: Edgerly m"" Edw: Vittery 

Edw: Leathers Mathias Haynes 

Nic° Doe Jn° Dennett 

Jury of Trialls: 

m^ Ric: Waldren Jun' Tho: Austin 

Jn° Winget m' Rob* Elliot 

Jos: Hall m^ Reu: Hull 

Isaac Trickle m'" Geo: Jaffra 

Steven Jones Jn° pickerin 

m' Henderson w" Love 

[Court Papers, vol. 4, p. 231.] 

a bill of presentments from the grand Jurie of dover and 
pourch moth 1679 

we present Elisabeth snell for fornication of dover 

wee present deliveranc adomes for fornication of dover put 
on record 

we present lodwick fouler for not coming to the publick wor- 
ship of god on the lords dale not appearing be called to enter of 
porch moth 

we present william brookin for being drunk the 22 of October 
78 of porch moth obadia moses sen io« & 2« 6*^ consta: 2^ 6 m' 
Hull engagd 

we present francese Ran senior for Excessive drinking on the 
saboth day John bee: m^ modie 

we present Joseph trickey for being drunk the 2^ of desember 
78 not appearing being somuns Dover obdiah mose 



NEW HAMPSHIRE COURT RECORDS 349 

we present philip lewes sanior for Excessive drinking not 
appearing obdiah mose 

we present mark sayles for Execive drinking and swering 
attachm' for him Dover John fose 

we present silvester harbour for seling drink without licence 
and for keeping a bilyord tabel george bramhall 

we present henrie Rusall for seHng drinck with out licence and 
kepeng a disorderly house and for fighting entred porchmoth 
m' Eliot and nathanell frior Junior 

we present william boden and John shover for fiting and 
drinking twice on the lords daie at philip Cromel house at 
lamprall Reiver non appeara: Dover william hilton Robert 
smart 

we present John woly and Joseph stevnson for fighting and 
quariling and steven woly taking his brother part and fiting with 
John pinor and blod shed and steiven woly drawing his knif to 
stab and his brother Esekell pitman tooke his knife from him 
and broke it referrd to next associats court & all ^sons on 5^ 
to appear oyster Reiver william shackford thomas Edgrly 
bengie matheus and philip lad 

we present John waldern upon his fathers complaint for spend- 
ing his tim and wasting that which he workes for and not taking 
care of his children non appeara : Dover geoarg waldern william 
ffurbur senior 

wee present Charles landear for Exececive dringing on the 
loards day the 1 5 of this presant June Non appeara. Dover John 
fose leas newt grand Jurie 

we present william benit not going horn to his wife this 4 or 
5 years to som'ons him He of shoules m'^ william chinck 

we present Joyles beriye for abuising of atorite at a publik 
toun meting at the lies of shoules m'' febines m'' twisdell 

we present daniell riefoot for staing from his wife this 6 or 7 
yeares porch moth obdiah mose 

we present henry tibut for not going hom to his wife porch 
moth the grand Jurye 



350 NEW HAMPSHIRE COURT RECORDS 

we present m' Edward hilton and his wife with out licence for 
selling Drink attachm* to go ag* him Dover william perkines 

we present micall fTrench for not going to his wife this 4 or 5 
yeare to be somons lampraall Reiver 

wee present georg swete fo not going to his wife this 7 or 8 
year to attach him lamprall Reiver 

we present bengie mathewes and his wife for seling drinke 
without licence witnes Oyster Reiver salathell Denboue John 
shore and John bickford 

william ffurbur In the name and with the consent of the Rest 
of the Jury 

William ffurbur 

[Endorsed] Bill of p'^sntm*^ brought into Court held in Dov 
24 June 1679 

Elias Stileman Cleric 

Joseph Stevenson p' ag* w"" ffollet in an acc'on of Appeale 
from y Court of Associates held in Dover y* 25'^ march 1679 

Jury finds for y"= defen* y*' Confirmation of the Courts Judgm* 
& cost of court 7^ S*! 

]n° Seaward p' ag* Cap* Tho: Dainel as ^ attachm* put on 
file withdrawen 

Jn° Lewis p' aga* ffrancis Tucker defen* as ^ attachm* put 
on file withdrawen the defen* allowed 8« cost 

George Norton p' aga* Jn° Roberts defen* in an acc'on of y^ 
case for not serving of an execution of 2y^ or y aboutes in money 
or w* doth appeare upon execuc'on upon Cap* waiter Barefoote 
& not making returne according to Law as ^ atta. on file 

Jury finds for y« defen* cost 4^ Court order that y originall 
execution be deliv* to y« p' & a coppie y^ of taken to be left on file 

Cap* wal^ Barefoote p' ag* Cap* Silvanus Davis in an acc'on 
of y*^ case for y sum of ten pownd in money for goods formerly 
received of s'^ Barefoote as ^ attachm*. 

Jury finds for y" defen* cost of Court 18^ 

Edward Carter p' ag* Geo: Jaffra & Abel porter defen*' in an 



NEW HAMPSHIRE COURT RECORDS 35 1 

acc'on of the case for y" forfeiture of theire bond of 8 pownd 
they stand bownd that Abel porter should procecute his appeale 
from y Court of Associates to the court of Assistants W^ he hath 
not done. 

Jury finds for y" p' the forfeiture of y bond & cost of Court 
!• 12" 6'' 

The Court chansers the bond to lo^ 

James Blagden p' aga* Jn" ffabes defen* in an acc'on of y 
case for deteining of an estate of Grace Cators unto w°^ he was 
administra^ &c. as ^ attachm' 

Jury finds for y^ defen* cost of Court 

Jn" yelland p' aga' Jn° Odiorne defen* in an acc'on of y case 
for deteining of two sutes of apperill & 40" in money indented 
^th ^m Lang he being his assigne or w* Law & Justice shall give 
him for 4 yeares service 

Jury finds for y" p' one sute of new clothes & 20'' in mony & 
cost of court 31 " 3'^ 

The Court declaires the sute of clothes must be worth 3' 

Jn° pickerin p' ag* Moses Oilman for damage in not ^forming 
for a ^cell of planke &c. as at Large ^ attachm' put on file The 
p' withdraws upon the acknowledgem' of s'^ Oilman in open 
Court that y" bill s'* pickerin had in his hand & costodie aga* 
s** Gilman was y end of all differences between them 

Roger Kelly p' aga' Richard Caulley def* in an acc'on of y^ 
case for y^ forfeiture of one hundred pownd ster' for y s'^ Caul- 
leys not ^forming of a bargaine for to goe in s*^ Kellies boate as 
^ attachm' at Large : 

Jury finds for y" p' y forfeiture of y" bond & Cost i' 18' O'' 
The Court doth chancer this bond in this case to ten pownds & 
allow his bill of cost 

M"" John Cutt p' aga' James Rawlins def* in an acc'on of y^ 
case for y^ forfeiture of 47' 5^ y^ in yorke tarr wheate & Indian 
Corne as ^ attachm* 

Jury finds for y p' 37' y 1%^ in specie according to bond & 
cost of Court I ' 8' 



352 NEW HAMPSHIRE COURT RECORDS 

m' Jn° Cutt p' ag* W" Hearle defn* in an acc'on of trespas on 
y^ case for appropriating & fencing in of his Land as ^ attachm^ 

Jury finds for y defen* cost of Court 4^ 

Majo"' Nic° shapleigh p' ag' ffrancis Tucker defen* withdrawen 

ffrancis Tucker acknowledged a Judgm' of 50' in N — E: 
money or dry fish at money price due to s<^ shapleigh 

Majo"" Nic° shapleigh p' ag* ffrancis Tucker defen* withdrawen 

ffrancis Tucker acknowledged a Judgm* of 50' in m''ch' & 
refuse fish at price Curr* due to s'' mgo"" shapleigh 

Edward Allen p' ag* Michael ffrench defen* as ^ atachm* put 
on file withdrawen 

Edward Allen p' ag* Michael ffrench as ^ attachm* put on file 
withdrawen 

Jn° pickerin p' ag' Jn° Westabrooke as ^ attachm* on file 
Nonsuted def* cost is 12^ 

Nic Doe p' ag* Jn° yorke defen* in an acc'on of y case for 
not giveing him suf^cient security to secure him from damage 
y' may accrue to him through defect of ^forming the Court 
ord'' — Jury finds for y^ defen* Cost 6' 

Jn° Amenseen p' ag* m' Henry Sherburne exec, to y" estate 
of Tho: walford withdrawen & an ord"" made for y^ settling of 
y^ estate sued for : put on file 

Jury of Inquest of y" untimely death of Antipas Maverick 
brought in & putt on file 

Jury of Inquest y verdict concerning y untimely death of 
Steven Reade put on file 

Inventory of Israel phillips brought into Court sworne unto 
put on file 

Courts ord' aboute y difference betweene Steven Jones & his 
man put on file 

Nic° Lisson came into Court & confest a Judgm* of 53' 6^ ic^ 
due unto m'' Jn° Cutt in white oake m'* pipe staves at 3^ 15* ^ 
mill red oake pipe staves at 2' 15^ ^ mill & red oake hh"* staves 
at 2' ^ mill & all to be deliv^"^ at his wharfe in portsm° 

Gra* exccu. 5 Octob: 1679 



NEW HAMPSHIRE COURT RECORDS 353 

\V"' Hilton came into Court & acknowledged a Judgm* of 
6' I9« 3<^ in m'^ch* white oake pipe staves at 4' ^ thousand due 
unto m' Jn" Cutt & to be deliv'^ on his wharfe. 

Thomas willy is granted administrac'on to y" estate of his son 
Sam: willey deceased who brought in to Court an Inventory of 
y'' same whereunto he tooke oath put on file & bond taken for 
his administring according to Law put on file 

Deacon Jn*' Hall is allowed 5^ to be p'' ^ Tho: willey for his 
paines in Looking after the estate untill Administrac'on as 
above was granted 

Jn° pickerin came into Court & acknowledged a Judgm* of 
25' II* 6^^ in m'ch^abl ffish due unto m"^ Jonathan Corwin m'"ch*. 

L* Coffin being chosen Tress for y County of Dov & portsm" 
p'sented to this Court is allowed 

Ric: Cators gift to John Bickford his granson putt on file 

The Last will & testam* of Thomas Beard of Dover brought 
into Court & is allowed of also an Inventory of the estate brought 
in & sworne unto at y" foote of y Inventory put on file 

Granted to George walton Administrac'on in behalfe of Ed- 
ward West & Martha his wife both deceased theire children unto 
s^ west estate who brought in an Inventory of y^ estate he having 
bownd ov to y p''sent Tress"^ & his success" of this County 
his homestead w"" all his Land on y Create bay to administer 
according to Law & y' y" estate be divided to y" as the Court 
shall ord'' the Inventory put on file 

The Last will & testam' of m'' Ric: Comins brought into 
Court allowed & an Inventory of y estate brought in & oath 
taken thereunto by y^ executo" put on file 

Court ord'^ for y Settling of Jo: Harvies estate & by whome 
put on file 

Administrac'on is Granted unto m" Mary Stileman in behalfe 
of her selfe & foure children who brought in an Inventory of her 
late husband m' Ric Stileman unto w^^ she tooke oath, the settle- 
m* of s'' estate is entred on y back side of y Inventory putt on 
file 



354 NEW HAMPSHIRE COURT RECORDS 

The Division of Edward Cators estate is put upon file of this 
Courts records 

Benja. Mathews petitioning to Keepe an ordinary at oister 
River is referred to y^ Court of Associats 

Granted Administrac'on to Elizabeth y« relict widow of W" 
Cotten deceased & Jn° Cotten upon y estate of Said Cotten 
(his son W" refusing to accept) she brought in an Inventory of 
y*' estate at y same time & oath given to it promising if any 
thing more came to y Knowledge they would bring it in to be 
added, the settlement of the estate is entred on y^ back side of 
y Inventory put on file 

This Court appoynts L* An° Nutter guardian to Thomas 
Cotten L* Neale for Joseph Cotten & m"^ Jn° Hunkins Guardian 
for Benjamin Cotten, the s^ Guardians taking care to dispose 
y^ said Children to good services. 

Joan Knight appearing before this Court confessed herselfe 
guiltie of ffornicac'on & p^senting her child, Rich: Joce being 
also p'^sent, she made oath that s'^ Richard Joce & no other was 
the father of s^^ Bastard child, is sentenced to pay a fine of foure 
pownd or suffer lo stripes 

Richard Joce is adjudged y reputed father of y** child & is 
ordered to pay 2^ 6'^ money ^ weeke from the time of y" berth 
of y" child to s*^ Joan Knight untill this Court take further ord"" 

Jn° Knight petioning this Court to take of part of his sister 
Joan Knights fine of 4' the Court takes of 40^ so she is to pay 
40« & ffees 2« 6'^ 

James Wiggins Jun"" & Deliverance Allen being bownd ov 
to this Court to AnsW for her being w*'' child «& not married, the 
^ties appeared & y*^ s'^ Deliverance charged the s'' James 
Wiggins to be y father of her child, the w<=^ he denied 

The Court sentence her to pay a fine of 40^ or suffer 10 stripes, 
& that said James pay 50^ to y" father of s^ Deliverance for 
his charge untill y^ child died, the s*^ James being by Law the 
reputed father of her child & ffees 2« 6'' 

m' Ellet engaged for 42^ 6^^ to y Tres' 



NEW HAMPSHIRE COURT RECORDS 355 

m' ffryer moving this Court that he might be paid his dishurts 
for the Countie Court the time of his being Tress This Court 
ord" that majo' waldren m"" Martyn & Elias Stileman audit his 
acco'% & y* a rate be made & gathered by y« lo*** of Novem. 
next, & y' L' Coffin y now Tress' Issue out his warr* for y" 
gathering y same and pay him y*" balla of his acco* by y lo'^ 
of Decem'' next 

W'" Hilton acknowledged a Judgem^ of six thousand foote & 
a halfe of m'"ch' pine boards due unto Steven Jones to be de- 
liv*^ at som convenient Landing place In Lamperele River 

granted execuc'on 24 June 1680 

In Answ to y-" motion of L* W"" Vaughan this Court appoynts 
m" Ellinor Cutt & s*^ W" Vaughan guardians to Elinor Vaughan, 
Mary Vaughan, & Cutt Vaughan, & if in case ether shall refuse 
to accept the other to have y^ pow' they or either of y" giving 
Caution to respond y^ estate given them by y granfather when 
they shall com of age : 

John West came before the Court & made choice of W" 
partridge his p-'sent master for his Guardian, the w''*^ the Court 
approves of. 

John Seaward motioning this Court y* he might be free from 
Com'on Training in portsm" by reason of an Infirmytie in his 
head w"^ he gott by a blow at y^' Lanching of a ship is granted 
him he paying 5^ ^ anim to y use of y Comp. there. 

Job Bishop of Ipswich came before the Court & made choice 
of Majo' Rob* pike for his Guardian the w"*' this Court approves 
of. 

M' Sam" wintworth of Gr* Island came into Court & tooke the 
ffreemens oath, & at y same time tooke oath for Constable for 
y^ yeare ensuing 

M' Hen: Russell p''sented for selling drinke w'^'out Licence & 
disord" in his house confessed his selling of beer, sentence to pay 
a fine of 40^ & fees in money: W" Heskins & s'* Russell bownd 
themselves before the Court that it should be p'^ in ffish this 
sharing time the w°^ the Court accepted. 



356 NEW HAMPSHIRE COURT RECORDS 

Dainel westcott p''sented for Living from his wife, Is ordered 
to returne to England to his wife w^^'in foure monthes on penalty 
of 20^ according to Law unless he make proofe to y Satisfacc'on 
of y^ next Associate Court that he hath taken effectuall ord' 
for his wives coming hither. 

Hen: Tibbet for Living from his wife, This Court accepts his 
answ' that he hath been hindered by gods providence & do 
allow him a twelve month in ord"^ to his returne to his wife. 

w"* Brooking p-'sented for being drunk was som'oned to ap- 
peare & Legally called made default — contempt attachm* to 
go out aga* him 

Hen: Mayne for not serving on y*^ Jury Trialls is fined io« 

The Select men & commisso"^^ of y Isles of shoales for y^ 
yeare 1678 appearing upon war* to answ theire default of 
Levying the Last eighteene single rates for defraing the charge 
of the Late war confessed y neglect upon y misund'"standing 
of y original warr* from the secretary of y Country as if 
not concerning them whereby y*' time is Lapsed, This Court 
do therefore ord' that James Blagdon Andrew Deamont & 
Rog' Kelly the p'"sent select men w**> y com'isso" now to be 
chosen do Levy y^ s'^ rates in due proportion according to law 
making y List for y same within one month on penalty of 100 
pownds: 

& further upon Informac'on of default of a Towne meeting 
amongst y"* or orderly appearing for y^ choice of com'isso" & 
constables this court doth ord' y* y^ p''sent constables warne a 
meeting for y* end & see y* such choice be orderly performed, 
& som'ons the persons so chosen com'isso" & constables to 
make appearance before m"^ Rich: Martyn who is hereby Im- 
powred to administer oath unto y" accordingly — It appearing 
y* m' peter Twisden & m"" Jn° ffabes are already chosen Com'is- 
so" they are allowed & the third to be chosen as above m' 
Twisden sworne. 

Benja: Matheus Moving the Court to have a Licence to 
Keepe a house of com 'on entertainem' at oister River, the W*' 



NEW HAMPSHIRE COURT RECORDS 357 

y" Court sees not meet to grant at present he being und"" a 
p'^sentm' but referrs the granting to y Court of Associates & 
Impow" y" so to do if they see cause 

L' pomfre Jos: Beard Jn° partridge Ric: webber w" Love 
Rog-^ Kelly Mary waym" these seven upon their Certificats 
from y select in y places where they Live were granted y^ 
renewall of their respective Licences. 

l^he Courts ord"" aboute y Constables Speedy gathering y« 
war rate put on file & is By vertue of an ord"" of y^ hon'''" Gen. 
Court da* May 28 1679 Impowring & ord'ing this Court to 
take effectual] care y* y^ severall rates made for y« defraying 
of the charge of y Late war w'^'in this County be gathered & 
disposed for y* paym* of y Just debts already audeted & passed 
by y Com'ittee of Militia of y County according to former 
ord"" This Court doth therefore ord' & req"" y Constables of 
y severall Townes in this County to whom the said rates were 
com'itted Do gather & bring in the same from y severall 
Inhabitants & settle y acco'* w*'* y tressu'' by y^ Last day of 
Octob"' next on penalty of one hundred pownds for ev^ Con- 
stable makeing Default, & that y Clarke of this Court forth 
with send fayr Coppies of this order to y severall Constables 
that it may be performed accordingly. 

John West acknowledging to have Stolen out of his late 
mothers chest & as is proved eleven pownds 17^ is amerced 
treble damages according to Law being Thirtie five pownds 
eleven shillings money to be paid to George Walton Admin- 
istra"" of s'^ wests estate 

& for y* Mary walton accused to have been accessary to s'^ 
theeft & com'itted to Gayle, is deliv'^ by Richard Abbet w"'out 
bond or good security whereby the Law is defrauded & y 
^ties damnified, s'^ Keep' is fined 5' money & Lays liable to 
y^ acc'on of y^ case of s^ Administra'" for w* money she can be 
charged with unless she be returned to safe Costody w"*in one 
weeke & then y triall & Isue is refferred to y Associates of this 
County, 



358 



NEW HAMPSHIRE COURT RECORDS 



At a Quarter Court held in Dover y*' first day of June 1680 
p'^sent Majo"^ Ric: Waldren esq"" Ric: Martyn Esq' w™ Vaughan 
esq"^ Jn° Gilman esq' Sam: Dalton esq' Job Clements esq' E: 
Stileman Seer* 

Grand Jury 
Nath: waire foreman Sam. Haynes Jn' 

NIc° Doe Moses Gilman 

Tho: Roberts phineas Rider 

Jn° Sanburne sen' Tho : Edgerly 

An° Tayler Serg* Jn° sherburn 

Nath Drake w™ willey 

Jury of Trialls 
Jn° Shepway foreman Hen: Robey 

Jn° Gerrish W" ffifeild 

phil: Cromell w™ Marston 

JnoHall Jun' Reub: Hull 

Benj Mathews Kinsley Hall 

Jos: Canney Sam: Kaies 

Jn" church John Tucker & Jn° Rand being chosen & som'oned 
to serve on y Grand jury being Legally called & not appearing 
are amersed to pay 20^ apeece : 

m' George Jaffray refusing to serve on the Grand jury is 
fined io« 

m' Jn° Hinckes & m' Jn" Hunking being chosen & som'oned 
to serve on the Jury of trialls being legally called & not appearing 
is amerced to pay 20" apeece : 

Sam : wintworth p' ags* Rich paine shipwright def' in an acc'on 
of trespass upon y'' case for taking & carrying away a ^cell of 
standard Knees on Gr* Island as ^ attachm* at Large: 

Jury finds for y^ defen* cost Court i' 4^ 2'' 

Jn" Seaward p' ag' Tho: Daniel esq' in an acc'on of debt due 
by bond as ^ attachm* 

Jury finds for y defen' cost of Court 

Sam: Hilton p' aga* Hugh March defen* in an acc'on of y* 



NEW HAMPSHIRE COURT RECORDS 359 

case for breach of Coven* or promise for not providing & de- 
liv^ing him a saw mill saw as ^ attachm* 

Jury finds for y" p' a good new saw mill saw & 5' in money 
damage & cost Court 2' 6^ 

Jn" sherburne Guardian to Mary Hinckson p' ag* Jn" westa- 
brooke defen*^ in an acc'on of y case for deteining a ^cell of 
marsh of s'^ Marys as ^ attachm* 

Jury finds for y p' the marsh if the evedence given in prove a 
deed of gift legally elss we find for y^ defen* — The Court 
Judge the evidence given in doth prove a Legall deed of gift — 
The defen* appcales from this Sentence unto y next Court of 
Appeales march next & y^ defen' Jn° westbrooke & Jn° Redman 
do acknowledge themselves to stand bound to y" pla* in y some 
of 40' that s'^ westbrooke will procecute this appeale to effect 
according to y'' Law of appeales. The court ord" y* y marsh 
be to y s*^ mary in y mean time cost is i : 19: 2 

L* W"" X'aughan p^ ag* George Walton Administra"" to y« 
estate of Edw west & Martha his wife def*^ in an acc'on of y" 
case for y*" forfeiture of 12' ster' for not paying of Six pownd 
money as ^ attachm* 

Jury finds for y" p' y forfeiture of y bond of 12": The Court 
Chancers the bond to 7' money & cost of Court 21 « G-^ 

Tho: Stevenson having Som'oned Jer: Hodsdon before maj"" 
waldren as a witness & not paying of him the Court allows 
s*^ Jer: 2« to be p^ by s^ Stevenson 

Thomas Ladbrooke came into Court & acknowledged a Judg- 
m' of entred ^ contra 

Administrac'on is granted unto L* peter Coffin upon y estate 
of Joseph Austin deceased he giving bond to administer ac- 
cording to Law 8c bring in an Inventory of y^ estate to y^ next 
quarf Court at Hampton to be setled 

L*^ pef Coffin doth acknowledge himselfe to stand indebted 
to y Tress' of this province & his success" in the sume of 40' 
that he will attend this ord"" y Court is satisfied w'"' his owne 
bond as above. 



360 NEW HAMPSHIRE COURT RECORDS 

The Council ord" that y Secrt^ give Jn° Drew his execuc'on 
upon y* Judgm' granted him at the Court of Associates Last 
Sepf 1679 

John Westbrooke affirmed in Court in y" triall of y case be- 
tweene Jn"" Sherburne and himselfe that he never saw or knew of 
any deed of gift from Tho: walford concerning the marsh in 
Controversie 

Henry Nock came into Court & made choice of W" willey for 
for his Guardian, allowed 

The Court bind y s'^ Henry Nock as an apprentice unto W™ 
Willey w*^ him to dwell seven yeares from this day, & s*^ willey 
is to teach him y" Trade of a Shoemaker & to find him with 
sufficient meate drinke apparril washing & Lodging during s'' 
terme, & to teach him to write & at y^ end of s^ terme to give him 
double apparril & to pay him his Legacie of 13' 4^ o*^ in Specie 
as his mother stands bownd for by bond (put on file) at money 
price, the w"'' sume & estate this Court com'its to him to make 
Improvem* as he sees cause he giveing bond to respond y same 
to y*' use afores*^ 

Granted administracon to w™ willey upon y estate of Rebecca 
Benmore deceased he giving bond to Adminisf according to 
Law — An Inventory of y estate brought in amounting to 
33^ 2" out of W^ he is to pay as above to Henry Nock at 21 
yeares of age 13' 4^ & the rest of y estate when the Just debts 
are p'' to be delivered to s*^ Hen : Nock Temperance Benmore & 
Hester Benmore in equall parts as they com to age. 

W" Willey & Richard Gates acknowledge y "'selves bownd in 
y some of 66' to y^ Tressu'' of this province and his successo" 
to se this ord"" ^formed. 

for the Issuing of a differrence betweene Joseph Hall the 
Towne of Dover & Towne of portsm" by & betweene said 
Townes concerning his being rated by both Townes, It is 
mutually agreed by 8c between y Selectmen of each towne now 
present that y^ s'^ Hall henceforth shalbe rated for his whole 
estate by y Towne of Dover, & one third ^te of all such rates 



NEW HAMPSHIRE COURT RECORDS 36 1 

for towne & minister in s*^ Towne of Dover shalbe remitted to 
the Towne of portsm" for theire sole & only use from time to time 

John Morrel for being drunke the Last night & y* in p^sence 
of y Council (S: shewing much contempt before them, is sen- 
tenced to pay a fine of lo' & ffees w**" 18'' expeence in y" house in 
all 14' — y marshall Roberts engaged to pay it 

Tho : Canney sen"^ being p'^sented for drinking to much proved : 
Sentence to be admonished & pay fees 2^ 6'^ 

W" Durgin for being drunke in court time & in y p'snts 
appearing so Sentence to pay a fine of 10^ & ffees 2^ 6'* 

Hen: Crowne for Keeping a house of publicke entertainment 
without Licence is amerced to pay a fine of 5' w<=^ is respitted 
until y next quarter Court at Hampton 

M"" ffryer petioning the Court that he might be p"^ w* the 
County of Dover & portsm" owes for his disbursts while he was 
Tress'' the Court appoynts Majo"" waldron m"" Martyn & Elias 
Stileman to Audit his acco'^ together w*^ L* Coffins acco\ & w^ 
they find the two townes in debt to proportion it to the Two 
Townes & ord"" y* y select men in each towne make a rate & 
com'itt Y" same unto theire respective townes to gather in to 
pay m"" ffryer: Majo'' waldren to appoynt time & place. 

m' Thomas Lad brook came into Court & acknowledged a 
Judgm* of 12' 19^ sH'^ ij^ good Slauter hides at 3"^ ^ pownd 
greene & 6^^ ^ 11 : dry ^ in fish at price Currt & ^ in m''ch* white 
oake pipe Staves at 3' 10^ ^ thousand, due unto L* W" Vaughan 

gra. an exec, the 29 Nov 1680 

prov" of New Hampshire 
At a quarter Court Held in Hampton y*' y^^ of Sept' 1680 
p'sent Maj'" Ric: waldren esq'^ presid* Ric: Martyn esq' W" 
Vaughan esq' Tho: Daniel esq' Jn° Gilman esq' Xtop' Hussey 
esq' E: Stileman seer* Sam. Dalton esq' Job Clements esq' 

Jury of Trialls 
Abra"" perkins foreman w"' ffifiell Sen' ffran. page Morrice 
Hobbs Xtop' palmer Hampton 



362 NEW HAMPSHIRE COURT RECORDS 

Ric: Scam'on Jn° ffolsham Jn'' Excef^ 

W" ffurber sen"" John Dam Jun' Joseph Hall Dover 

Jn° partridge L* wal"" Neale portsm" 

Jury of Trialls in Hampton case 

m*" Jn° shepway w"' ffurber 

Jn° Hunking Jn° ffolsham 

L* Neale Ric: Scam'on 

Jn° partridge L* Hall 

Jos: Hall Byle Dudley 

Jn° Dam Edw: Smith 

Isaack Waldron p' aga* Geo: Walton def* withdrawen def* 
is allowed 8^ cost 

Isaac Waldren p^ aga* Tho: Tare def* in an acc'on of the case 
for y* y s*^ Tare did falsly pretend at a Gen. Court at Boston 
ye i^th Qf Octob'' an° 1679 that y^ s^ Waldron did unjustly 
Imprison him by w"'' he gott a Judgm* of 44' mony &c as ^ 
attachm* with drawen, y^ def ' is allowed his cost i ' 4^ c^. 

Isaac Waldron p' against W"" Henderson defen' w^'^drawen 

Jn° Sanburne Attorney to y" Toune of Hampton p' aga* 
Natha'' Boulter def*^ in an acc'on of Trespass for y* y s*^ Boulter 
hath apropriated to himselfe by fenceing in & feeding a Con- 
siderable tract of Land & a high way belonging to y^ Towne as 
^ attachm* at Large Jury finds for y« defen* cost i' 13' c^ 

The p' appeales from this sentence unto y« Next Court of 
Appeales in portsm" march next & John Sanburne w*'' Benja. 
fififield binds themselves in 20' bond to y« defen* that s'* Jn° 
Sanburne p' shall procecute this appeal to effect according to 
y« Law of Appeales p' cost is 3' 4^ c^. 

W"" ffollet p' aga* Joseph Stevenson defen* in an acc'on of y« 
case for a Cow and calfe he tooke from him by vertue of an at- 
tachm* bearing date 24 July 1679 being Constable & acted in 
his owne case & detaineth y« Cow & Calfe to this day 

Jury finds for y'' p' the Cow & Calfe if in being or 6' in m'ch* 
pay & cost 30 shill 

Gra** Execution 16 Sep^ 1680 



NEW HAMPSHIRE COURT RECORDS 363 

Joseph Stevenson p' aga' Tho: Drew def' in an acc'on of tres- 
pas upon y case fors*^ Drew coming upon s** Stevenson Land July 
last past pulling downe his feence carrying or caused to be carried 
away his grass claiming his Land yby as ^ attachm* at Large 

Jury finds a speciall verdict if the evedence of Majo"' waldren 
be Judged Legall proofe & according to Law in laying out of 
Land in y yeare 1655 then wee find for y^ defend cost other- 
wise for y" p' 2« damages & cost of Court, The Court Judges 
Majo' Waldrons proof Legall & according to Law so find for y^ 
defen' cost 2' i8« 2'^ — p' cost is 2' 9« 6^^ 

The p' appeales to y" Court of Appeals march next in portsm" 
& binds himselfe & Jn° pickerin w*** him in 10' to y^ Defen' that 
s** Stevenson shall prosecute this his appeale to effect according 
to the Law of Appeales. 

Sam: Levit p' aga* Moses Oilman defen* in an accon of debt 
due for an ox of aboute 7' price or w* shall appear Justly due & 
for all Just damages 

Jury finds for y p' 3750 ffoot m'"ch*^'<' bords & cost 2' o^ 2"^ 

The defen* appeals from this sentence to y next Court of 
Appeales in march next & s'^ Oilman defen' & James perkins 
bind themselves in 10^ to y^ plan* that y" defen* shall prosecute 
this appeale to effect according to y« Law of appeales. 

Jn" Seawer p' aga* Cap* Tho: Dainel Defen* in an accon of y" 
case for takeing away & disposing of a certaine Ketch built & 
Lanched by s<^ Sewer In ffebruary 1678 amounting to 225' or 
y aboutes & not satisfying s"^ Sewer &c. 

Jury finds for y^ p' 175' io« thirteene pownds of it for for- 
bearance & cost I' 8' o<^ Execution respitted untill y" quarf 
Court next at portsm° 

W"" Richards p^ ag* Hen: Crowne defen* in an acc'on of y^ 
case for takeing up a bay mare marked as menc'oned in y*' at- 
tachm* belonging to s'^ Richards 

Jury finds for y" p' the mare & lO' damage or 3' money & 
cost !• i^ 6*^: 

Hen : Crowne defen* appeales from this sentence to the Court 
of appeales in Portsmouth in march next & himselfe & Jn° 



364 NEW HAMPSHIRE COURT RECORDS 

partridge binds y^selves to the plantiff in 7' to prosecute this 
appeale to effect according to y Law of appeales: 

L* Jn" Sanburne atturney to y Towne of Hampton p' aga' 
Benja: shaw defen* in an acc'on of Trespas for mowing some of 
y^ townes marsh & carrying away the hay & claiming the Land 
as at Large ^ attachm' 

Jury finds for y^ p' the Land in Controversie & cost of Court 

Isaac Waldron p' aga* George Walton defen* withdrawen 

W™ Graves p' Against Charles Hilton def* in an acc'on of y*^ 
case for the non paym* or forfeiture of 4000 of chest bords & 
2 M : of m''* white oake p : staves 

Jury finds for y p' y" forfeiture of y bond, the defen* desires 
bond to be chancered, the bond is chansered to 2000 foot of 
m''* pine bords & i thous*^ m* w* p: staves & cost i' i' 6*^ mony 
to be d'^ at some convenient place in Lamperil river 

grant^ execu. 26 June 1681 

Cap*' waif Barefoote p^ aga* W"* Suckford defen* in an acc'on 
of y^ case for y forfeiture of a bond of Arbitrac'on of two 
hundred pownds Ster' in not Standing to or ^forming of an 
award of Majo' Ric : waldren & L* peter Coffin 

Jury finds for y" p' the forfeiture of y" bond & cost y^" defen' 
desires his bond may be chansered: the bench chancers his 
bond to 50' money or goods at mony price & cost of Court 
2' 6* o'' 

Dainel Westcot p^ aga* Jn° parret in an acc'on of debt of 
I' 8^ or w* shall appear Justly due by booke w'*' due damages: 

Jury finds for y« p' 25^ in fish & cost of Court i ' 4^ 6"^ 

Cap' Waif Barefoote p' aga* Xtoph'' palmer defen* in an acc'on 
of y case for fraudelent & surrupticiously gaineing a Judgm' 
aga*^ him of 200' in money at Salisbury Court as ^ attachm' 

Jury finds for y" defend* cost Court i' 2« o: The p' appeales 
from this sentence to y^ Court of Appeales at portsm° in march 
next & himselfe & John Lock binds themselves to y^ defen* in 
10' bond to prosecute this appeale to effect according to y* Law 
of appeales, y p' bill cost is 2' 15^ 3** 



NEW HAMPSHIRE COURT RECORDS 365 

The Court orcl" that y" execu. granted ag' cap' Barefoote at 
salsbury Court to be signd by y Secrt shall not be Isued out 
until y Court take further ord'' 

Edward Smith p' aga' John ffolsham scn"^ defen' in an acc'on 
of y" case for y^ pcnall forfeiture of foure pownds for non paym' 
of a debt of 40 shill due by bill as ^ attachm* 

Jury finds for y p' the forfeiture of y bond 4' Ster' money 
of Engla. & cost 

The bench chancers this bond to 3' 6'^ 8'^ in New-England 
money & i' I2« 8** cost 

Gran, execu. 2 octob: 1680 

Christop' palmer p' aga* Majo'' Nic" Shapleigh defen*^ in an 
acc'on of y case for that by himselfe or ord"" dispose of io(K)0 
foote of m'^* bords of s*^ Xtop" y Last year w"^ did belong to s'' 
palmer &c as ^ attachm*^ 

Jury finds for y^ defen* cost Court i ' 3^ c* 

Sam" Levet p' aga* Sam" Hilton defen' in an acc'on of 
trespas upon y case for Cutting of a ^cell of Meadow lying 
next to Lamperill River that he bought of m'' An° Stanniel &c. 
as ^ attachm* 

Jury finds a Speciall verdict, if Edward Hilton & W" Hiltons 
testimony be Legall proofe that y^ marsh is Sam : Hiltons then 
wee find for y defend* otherwise we find for y p' 30^ damage &: 
cost of court 2' 3^ 

The bench Judges Edw: Hilton & w'" Hiltons testimony not 
Legall : 

Jn° partridge p' aga* Jn° parret defen* withdrawen 

Edward Colcord p' against Henry Williams in an acc'on of 
y^ case for y* the S'' williams hath made sale of y^ house & Land 
& meadow of s*^ Edw: Colcords in Hampton w^'^out Legall power 
as ^ attachm* 

Jury finds for y^ p' the house & Land & Meadow & one penny 
damage & cost 2' 4^ 5-^ 

The defen* appeales to y Court of appeales at portsm" in 
march next & himselfe & Jn° Redman sen' binds y^selves in a 



366 NEW HAMPSHIRE COURT RECORDS 

bond of 50' to y p' to procecute this appeal to effect according 
to y^ Law of appeales: defen* cost is 25^: 

Christop'' palmer appearing in Court to AnsW Majc" shap- 
leighs complaint w*^'' was granted he giving 5' bond to pay y^ 
cost of y" Jury «S: triall W^ himselfe & Sam: Hilton engaged 
to pay the Tress'' — the case was heard & com'itted to y« 
Jury 

Jury finds for Majo"^ Shaplaigh the 3330 ffoote of m'* pine 
bords to be dd at some convenient landing place In Lamperill 
River & cost 3' & pay the triall 50^ 

Gra. execu. 29 Janua. 1680 

Christop'' palmer came into Court & acknowledged a judgm* 
o 3' 12^ O'' in money due unto m^ Edward Woodman of Newbery 
or to Marshall Dowe his attorney: 

Abra: Drake Sen'' & Thomas ffilbrooke tooke oath of Con- 
stables for Hampton untill others be Chosen & sworne: 

Granted Administration unto Tho: Sleeper upon y estate of 
Moses Sleep'' his son 

Edward Colcord is ordered to bring into y^ quarter Court in 
portsm" an acco* of his son Edward Colcord deceased his estate 
what it owes that it may be setled according to Law : 

In y^ Complaint of phillip chesley sen'' aga* Steven Jones, the 
s'^ Jones & Thomas Chesley who was bound to prosecute aga* s** 
Jones both appeared in Court w"*' is referred for Issue to y^ 
quarf Court at portsm" to be tryed w*^out Jury 

Ephra: ffolsom being complained of by Some of y^ Grand jury 
for abusing of y" &c Sentence to pay a fine of 5' mony or goods 
at money price & fees: on petition is abated 50* in money 

Moses Gilman is granted a Licence to keepe a house of Com'on 
entertainm* at Exceter he paying 20* this first year to y use of 
y" province & as y Court shall see meete for y future. 

Granted a Licence to Edw : Gilman to keepe a house of Com'on 
entertainm* In Exceter he paying 30'' this yeare. 

Granted to m"^ Andrew wiggins a Licence to keepe a house of 
Com'on entertainm* at Swampscott he paying 20' this year. 



NEW HAMPSHIRE COURT RECORDS 367 

Jn° Huggins is allowed 5^ to bo p*^ by Nath" Boulter who 
entred Not his acc'on against him — 

Jn° Moulton Constable of Hampton is ordered to Continew in 
full power as Constable untill he hath gathered up his rates 
com'itted to him while he was Constable: 

Souters petition & answ aboute charles Runlet put on file 

Verdict of y" Jury concerning Xtop"" Lux death put on file 

Last will & testam^ of w™ pomfret of Dover brought into 
Court & proved as at foote of s"^ will put on file 

The Verdict of y Jury concerning y" untimely death of Nath 
Smith of Hampton put on file 

Sam: Clarke being bownd ov to this Court & appearing to 
answ' for contemning & Scornfull behaviour to Authority & 
abusing the Constable by privily conveiing away his bl Stafe of 
portsm° & hiding y^ same that he was forced to goe to Athoritie & 
complaine being all proved. Sentence that he forth with Stand 
in some publicke place at or neare y^ meeting house w*^ a paper 
pined to his back w*^ this Inscription in capitall Letters (A con- 
temner of Authoritie) & pay cost 20^ whereof the Tress'' to pay 
io» to y" Constable he abused & ffees. 

Nathainel ffolsham upon his petition is abated 50^ of y' 5^ he 
was fined Last Court 

m"^ Hen : Crowne upon his petition is abated 50^ of that he was 
fined for y^ Last Court being 5' 

Godfrey Dearebone motioning the Court to be free from 
Com'on trayning in Hampton by reason of his age is Granted 
him he paying to y^ Company 

Joseph Stevenson & Tho: Drew being bownd to y" good 
behavio'" & to appear at this Court by maj"" Waldron who appear- 
ing proclamac'on was made in open Court & it not appearing that 
either of y" have broken y bonds The Court declaires y™ fTree 

The Last will & testam* of Thomas Ward of Hampton brought 
into Court & proved by m' Sam: Dalton sen' & Benja: shaw who 
made oath y* they Saw s<^ ward signe scale & deliv y® same being 
of a disposing mind is allowed & y same w*^ an Inventory of y« 



368 NEW HAMPSHIRE COURT RECORDS 

estate Sworne unto & deliv'^'^ unto m"" Sam. Dolton record'^ of 
Hamton Court to be recorded : 

Unice Cole of Hampton being by Authoritie comitted to prison 
on suspition of being a witch & upon examynac'on of testimonys 
the Court vehemently Suspects her so to be but not full proofe is 
Sentenced & confined to Imprisonm* & to be kept in durance 
until this Court take further ord' w**' a lock to be kept on her 
legg In meane while the Select men of Hampton to take care to 
provide for her as formerly that she may be releived The tes- 
timonys put on file 

The Court having heard y^ case of Rachell ffuller & Isabel 
Towle being apprehended & comitted upon suspition of witch- 
craft due ord"^ y* they Still continew in prisson till bond be 
given for theire good behavior of lOO' apeece during the Courts 
pleasure testimony put on file 

Jn" ffuller acknowledgeth to owe & stand indebted to y Tress'' 
of this prov. in y" Some of lOO' for Rachel ffuller for her good 
abearance: & 

Isaac Marston & Jn" Redman sen"^ stands bound in like Some 
for Isabel Towells good abearance : 

at a Court held in Dov 7*^ June 1681 the persons above 
bounden appeared & desired y bonds might be taken off, procla- 
tion being then made & nothing appearing to y contrary y* 
Court declaires the persons are all free of y"^ bonds 

Granted Administrac'on to W" fififield sen"" & Sarah Hobbs upon 
y^ estate of James Hobbs deceased they giveing bond to adminis- 
ter according to Law & enjoyne y" to bring in a true Inventory 
of y*' estate to y next quart"" Court at portsm° to be settled : 

Jacob Garland & Jn° Garland came into Court & acknowl- 
edged a Judgm* of 10' Curr* money due unto m"" Rich: Martyn 
& m^ Jn° Hunking 

Richard Morgan came into Court & acknowledged a Judgm* of 
3' i6« to be p^ in bords at 30^ ^ M : or m'* white oake p: staves 
at price Curr* due unto m' Martyn 

Gra*^ execu. 11 scp* 1680 



NEW HAMPSHIRE COURT RECORDS 369 

m' Sam" Dolton is chosen & allowed to be clarke of this court 
till they take other ord' 

At a quarf Court for y prov. of New Hampshire held in 
portsm" y 7*^ Dec 1680 

p'"sent A'Taj' Waldron p'"sid* Ric: IMartyn esq'' w™ Vaughan 
esq"" Tho: Daniel esq"" Jn" Gilman esq' Sam. Dolton esq' Job 
Clements esq' E: Stilman Sec* 

Jury of Trialls 

Jn" shepway foreman Jn" wingett 

m' Jn° Hinckes Rob* Evens 

Jn" pickerin in Jn° Moses Levitt 

Hinckes absence Jn° Moulton 

Reuben Hull Daniel Tilton 

Ens: Jn° Hunkings Hen: Dearbone 

Jn" woodman Nehe: partridge 

Sam: Case being Som'ons on y Jury & being called Legally & 
not appearing is Sentensed to pay a fine of 10^: 

Natha" ffryer Hen: Langstar & phib Lewis p' aga* Majo' 
Tho : Clarke of boston def ' in an acc'on of y^ case for claiming & 
making use of a Certaine percell of land called cap* Champer- 
nownes farme at Greenland by himselfe or others as at Large 
appeares by attachm* on file y*' defent being out of this prov. 
Judgm* to be entred next Court 

Jury finds for y'' p' y" Land in controversie & 13' 14^ & 4^^ 
damages & cost 4' 1^6^ Execution to be respetted till further ord' 

Dov 7 June 1681 Court ord" Judgm* to be entred 

Thomas Starboult p' ag* George Huntris def* in an acc'on of 
y case for not paying of him 13' in good beefe & good porke & 
money as any was in N. Engla. due for one yeares Service 

Jury finds for y p' 2' 9^ 7 }4^ to be p^ in beefe at 23^ '^ ^ 11 & 
porke at 3 K'^ ^ to be in as good beefe & porke as any in New 
Engla. & Cost 30 shill : 

Hen: Sherburne p' ag* Edward Bickford def' in an acc'on of 



370 NEW HAMPSHIRE COURT RECORDS 

trespas upon y case for damage done him by his hoggs cattle & 
horses : 

Jury finds for y defen* cost of Court 

Moses Gilman p' ag* Sam: Levit Def' in an acc'on of y^ case 
for with holding of a debt due of aboute 3000 foot of m''ch* pine 
bords &c : 

Jury finds for y def* cost of Court 14' 2'^ 

W™ pitman p' ag* ffra: Huckins def* withdrawen y« defen* is 
allowed 3' for attendance. 

w" partridge p' ag*^ George Walton def* in an acc'on of y" case 
for w*'' holding the sume of eight pownds & 40^ in goods for 
building a frame for a house &c. 

Jury finds for y^ p' 8' in money & 40^ in goods & cost 26^ 6*^ 

Gra. execu. 16 Jan. 1680 

Cornet Severne p' ag' Cap* Gilman def* in an acc'on of y case 
for a horse dd s'^ Gilman to keepe while he Keept ordinary as 
^ attachm*. 

Jury finds for y" defen* Cost of Court 19^ 6^^ 

Cap* Thomas Dainel p' ag* John Seaward def* withdrawen: 

L* W" Vaughan p' ag* John Groth def* in an acc'on of y^ case 
for y« forfieture of a bill in mony &c. as ^ attachm* 

Jury finds for y p' the bill & cost of Court 

The bench chancers y bill to 7' 10^ mony & cost i' 4^ 6"^ 

Gra. execu. 11 Dec"^ 1680 

L* w™ Vaughan p' ag* Arth'' Head defen* in an acc'on of debt of 
35^ in fish or mackrell or w* shall appear due : 

Jury finds for y p' 35^ in fish or mackrell & cost 19^ 6<^ 

L* w"" Vaughan p' ag* Michael ffrench def* in an acc'on of y 
case for with holding of a debt of 8' 3^ in beefe & porke 

Jury finds for y p' y'' bill of 8' 3* in beefe at 2^^ ^ 11 & porke 3"* 
^ : & cost I ' 4« 6*1 

Gran, execu. 11 Dec"^ 1680 

m"^ Hen: Sherburne complaining ag* Edw: Bickford aboute his 
children stealing of peares & being Legally called & not appear- 
ing to ^cecute s^ Bickford is dischargd 



NEW HAMPSHIRE COURT RECORDS 371 

Hen: Harris depo: y' he saw James sharpe married put on file 

Tho: Gill came into Court & acknowledged a Judgm* of 4' 
mony & 6' 13^ in ffish due unto Jn° Cutt esq"" 

Xtop"" palmer petitioning to have an abatcm* of his cost of y^ 
Jury Last qua' Court at hampton. The Court takes of 30^ he 
paying 20« in mony: 

Eli Gunisons petition about Tho: Trickles estate put on file. 

m' Randolps som'ons & marshalls returne to Answ' Oba: 
Morss for breaking open his dore put on file 

Nath: Batchelo" deposi: concerning words spoke by Jn° 
Redman put on file 

James Leech moving this Court that he might be free from 
com'on training by reason of an Infermytie he had wherew*^ 
y^ Court was satisfied & frees him he paying 5^ ^ annim to y^ 
traine Comp on Gr* Hand: 

phesant Eastwick not makeing it to appear that Jn° Tuttle 
had defaced a writing the w"'' he was bound ov to answ The 
s"^ Tuttle is allowed 10^ for attendance 

Gra. execut. 11 Dec 1680 

w" Harford p"'sented for being drunke on y Sabath day owned 
sentence to pay a fine of 10^ being y 2'^ time & ffees 

Jonathan watson for selling beare appearing & y witnesses not 
appearing is referred to next Court 

Jos: Beard y^ witness in ditto case being Som'ond & not ap- 
pearing is fined 10^ respetted to next Court 

Charles Hilton came into Court & acknowledged a Judgm* of 
9' in m'^ch''^'' pay due unto John pickerin: 

The deposition of John Sherburne sen'' aged 63 years or there 
abouts 

Testifieth y' he did helpe digg a trench begining at y*' salt pond 
belonging to m"" Williams & so runing throug y'' marsh towards 
Joces now Dwelling house & from thence some rods into y 
woods w*^ a foure raild feenc & so runing w*'' y^ Like feence 
towards y« house of James Cate now deceased w=*> worke was 
done for y^ use of s'^ Williams 



372 NEW HAMPSHIRE COURT RECORDS 

Taken upon oath by John Sherburne sen' before y Court in 
portsm" 7*^ Dec 1680 

Entred here according to y^ originall 

E: Stileman Secrt 

Edw: Randolph esq"" having in Octob: last Sezed som goods of 
phillip Severits & informing the Council thereof & s^ Severit 
complaining at y" same time of y« Illegallity of the same, the 
Council then for y" Issuing thereof that the case was to be de- 
tirmyned at y" Common Law & enjoyned s'* m"" Randolph to 
prosecute s'^ severt & goods at y'' next quarf Court in pormouth 
(w"*' he also ^mised to doe) or else y goods should be sett ffree 

proclamac'on being by this Court ordered that y marshall 
should publish that if m"^ Randolph or any for him would Com 
into Court & ^cecute his seazne they were readie to heare him 
or them but no ^son appearing. The Court declaires the ^son 
& goods are freed from y' seazur: 

Whereas y are differrences betweene y Towne of Hampton 
& Nath" Boulter sen"^ & Jun"" p'^sented to this Court, The Court 
advised y^ to goe home & Issue it among y™selves as y^ best 
way of Love & peace, & to y* end propownded to y" to chuse 
some meete ^sons to heare & detirmyn y^ same, & y* y^ Rev: 
m'" Cotten might be one, themselves to chuse one of a side, unto 
w'^*' they freely consented Nath'^ Boulter chose Cap* Oilman, & 
L' Sanburne & m"" Robey for y^ towne of Hampton choese maj"" 
pike, m'' Cotten & maj' pike to appoynt time & place. 

Upon compla* & Informac'on by m'shall Roberts that when he 
came to Levy an execu: on Jos: Stevenson for a Cow & calfe of 
W" ffolletts said y* y^ execu. was ffalse & that he Could not have 
y*' benefit of Comon Law: upon Speciall warr* sent for him, 
appeared and proved by Steven Jones & Abra. Clarke who made 
oath yunto: 

Is sentenced to pay a line of 10' in money or goods equivilent 
& stands comitted till It be p'* 

Jos: Stevenson to satisfie for this tine in open Court doth bind 
ov his whole estate to y tres"" of this province for y paying of 



NEW HAMPSHIRE COURT RECORDS 373 

this fine at or by y Last of May next ensuing & his security is 
discharged of y bonds 

Jn° Redman sen' appearing to Answ to his p'"sentm' for 
drinking to excess: submited to y^ Court sentence to pay 5" & 
fees: 

The Complaint of phillip Chesley aga* Steven Jones being 
reffered unto this Court & now called ov & heard 

This Court doth ord"" that they be sentenced for y fighting & 
quarrelling Viz* that y s'^ Chesley & s*^ Jones doe beare theire 
owne charge & that Steven Jones pay a fine of lo' in money or 
goods equivolent to y province tress"" toward the cost of court 
constabls Docters & witnesses w°^ have been Imployed from 
time to time by authoritie & that s** phillip Chesley senr do ap- 
peare before y Court when capeable to attend to be proceeded 
w*'' according to his demerritt s'^ Steven Jones to stand com'itted 
untill he pay his fine & fifees. 

Steven Jones before y^ Court binds ov^ his whole estate to y^ 
tress' of this p'vince now in being & his successo""^ for y" paym*^ of 
this fine by y last of May next The Court frees his security from 
theire obligac'on 

The Court allows constabl Leathers for his time & 

trouble — 16 — 

witness Selathiet Denbow 3 times — 4-6 

Jn° Knight 2 times — 3 — 

Jos: Davis once — 1.6 

Ens: Davis once — 1.6 

Serg* Burnam once — 4.6 

Docter Barefoote ^ ord' one time sent — 10 — 

Doct* ffletcher twice ^ Councils ord' i 

Doct' Groth fetching him from his owne home i 

The tress' to pay 4 — i — 

Obadi: Morss his compla* ag* m' Randolph putt on file with 
y^ marshalls return when he was sent to Som'on him to Answ' 
the complaint 



374 NEW HAMPSHIRE COURT RECORDS 

Court ord" y* an attachm* be Issued out for Tho: Avery to 
Answ his p^'sentm* 

Whereas Edward Colcord sen' was ordered by the last Court 
held at Hampton to present to this Court his acco*^ as he stood 
Administrator to y" estate of Edward Colcord Jun' The s** 
Edward Colcord appearing before y^ Court, And his sonn Samuel 
Colcord moving for a settlem* of s"^ estate — This Court having 
heard w* both ^ties could aleige & say in y^ case — Declaires 
the said estate of Edward Colcord Jun"" deceased be settled upon 
his brother Samuel Colcord as heire thereto, & y s^ Samuel 
Colcord is to pay all Just debts due from y^ said estate, & there- 
upon y s'^ Colcord sen"" his administrac'on is declaired void. 

At a Court held in Dover for the prov. of New Hampsh: y'*" 
June 1681 

p'"sent Judges Ric: waldren p'sid' Ric: Martyn esq"" w"" 
Vaughan esq"^ cap* Hussey esq"^ Elias Stileman Job Clements 
esq' 

The Grand Jury 
W"" ffurber Sen' Jn° Moses 

John Hunking W" Sanburne 

Jn° ffabins Jn° Knowles 

Job Clements Jun' Jos: Shaw 

Ric: Abbet Jn° young 

Mathias Haynes w"" Hilton 

Jury of Trialls 

Edw: Gove foreman Sam: Levet 

Sam : Wintworth phil : Cromwell 

Obadia Morss Jos: Canney 

George Lavers John Hall Jun' 

Nath: Batchelor Zac: ffield 

Jos: Dow Jn° IMeader Jun' 

Jn° sherburne Ric: Sloper W" partridge in Boulter case in y* 
room of Ed: Gove Nath: Batcheld' Jos: Dow 



I 



NEW HAMPSHIRE COURT RECORDS 375 

George Jaffray being chosen & som'ons to serve on y Grand 
Jury & not appearing is fined 20 shillings 

W" Graves p' aga* Jn° yorke def^ in y" right of his wife in an 
accon of y" case for a third of the estate of Ric: yorke deceased 
as at large ^ attachm*. 

Jury finds for y" defen* cost of Court. 

Nehemiah partridge p' aga* ffrancis Huggins defen* in an 
acc'on of y^ case for with holding a debt due upon account for 
shoes & mending of shoes to y vallue of 45^ or w* shall appear 
due — Jury finds for y p> 20« & cost of Court i' i« o'^ the first 
article in y" acco* y Jury meddles not w"' 

Gra: execu. 9 June 1681 

w™ Vaughan esq* p' aga* George Sweet defen* in an acc'on of 
y* case for w*''holding of a debt of six pownd 10^ i}4^ or so 
much as shall appeare due as ^ attachm* 

Jury finds for y^ p' 6' io« }4'^ & cost i' 5« 6*1 

Gra. execu. 10 June 1681 

\^Jm Vaughan p' ag* ffran: Huggins defen* as at Large ^ at- 
tach m' 

Jury finds for y^ defend* 

m"" Hump: Davie p' aga* Sam. Hall defen* in an acc'on of debt 
for 30 pownds in money due by bill or bond &c. 

Jury finds for y defen* cost 6^ 

Jn° Cotten adminisf to w" Gotten p' ag' Tho: Avery in an 
accon of debt of 17^ y^ defen* owned y^ debt and acknowledged a 
Judgm' of I7« & cost 11^3'* 

Geo: walton p' aga* Hen: Crowne defend' the ^tes were 
called but neither appeared : 

Sam: Levit p' aga* Moses Gilman sen' defen* in an acc'on of 
y" case for withholding 4150 foote of m""' pine boards or so much 
as shall appeare Justly due: 

Jury finds for y p' 4200 foote pine boards damage & cost 

26" 

Natha: Boulter p' aga* James Huggins def* in an acc'on of y* 
case for not paying the sume of ten pownds unto s^ Boulter at 



376 NEW HAMPSHIRE COURT RECORDS 

two severall paym^" as he had bound himselfe by writing — 
Jury finds for y<^ def* i' 2« 2*1 

Gra. y atturny execu. 9*^ June 1681 

Nathan" Boulter p' aga* y towne of Hampton defen* Hen. 
Robey Jn° Sanburn & Joseph Dow y^ s'^ Towns Atturneys in an 
acc'on of trespas upon y'' Case for appropriating by fencing a 
Considerable tract of y Land as ^ attachm* at Large: Nath: 
Boulter atturney to ]n° Huggins owned in Court that he gave 
14 dayes Liberty to y Towne to redeem y*^ Land, but after som 
space said if they p*^ the mony to him — 

Gra. execu. y 9 June 1681 

Tho: Homes p^ ag* Robert Elliot defen' in an acc'on of y« 
case for deteining aboute 30 pownds in money as ^ attachm* — 
Jury finds for y defen* cost 

Sam: Hall acknowledged a Judgem* of 5' 3^ in money due 
unto Edw: Gove 

Gra. execu. 9 June 1681 

Sam' Levet in Court acknowledged a Judgm* of 5' 19^ in 
money due to Hen. Robey 

Gra. execu. y*" 9 June 1681 

W*" Durgin acknowledged a Judgm* of 30^ in Curr* pay due to 
Jos: Beard on book acco* due to his father Tho: Beard deceased 

Jn° Groth acknowledged a Judgem' of 9' lOMn money due to 
Ric: Long assign to Jn° Stockman 

gra. execu. 9 June 81 

Isaac Trickle acknowledged a Judgm* of 9' 15^ in mony due 
to Edw: Gove. 

Gra. execu. 9 June 1681 

Charles Gleden acknowledged a Judgm* of 38^ in mer' boards 
at 30^ ^ thousand due to m"" w™ Vaughan to be deliv** at s"^ 
Vaughans wharf e. 

Iccabod Rawlins acknowledged a Judgm* of 6' 6' 6«* in money 
due to m"" W" Vaughan 

Willia. partridge his petition & Answ' putt on file 

Walfords case aboute Land put on file 



NEW HAMPSHIRE COURT RECORDS 377 

Administrac'on granted to old Riders widow his estate In- 
ventory & settlem* put on file 

Jn" Clarke of Exeter his petition to be free from training 
granted he paying to y use of the Company lOO foot m' pine 
bords a year, y petition put on file 

The testimoneys aboute Hen: Sherburnes death given to m'" 
chamb'"len secr^ 

James chaise p'sented for moving his Vessell unnecessarly on y* 
Sabath day Sentence to have an admonition w''^ he had & pay fees : 

Jn° Drew & Richard Row took oath for Constables at Dover. 

Joseph Berry is allowed 4^ to be p'* by Sam. Knight who 
arrested him & did not enter his action 

Jn" Kenneston being attached to this Court to answ' his 
p''sentm* & departing without Licence for his contempt is fined 
10^ & Jos: Hall y* is bound for his appearance the Court declares 
his bond forfeited but gives him untill the Courts adjournm* 
w'^'^ is to y^ first wensday in Sep* next at Strawbery banke to 
bring him in w<='' if he doe to be freed of his bond: 

Tho: Avery being attached to Answ his p'sent & dep*ing 
w^'out Leave for contempt is fined lo^ & Alath: Haynes y* was 
bound for him, court declairs his bond forfeit & gives him Like 
Lib"^ as Jos: Hall above has. 

Tho: Canney for being drunk owned Sentence to pay 5^ & 
fees 2« 6<^ Jos: Canny past for it 

w™ Hill for being drunk owned Sentence to pay 5^ & fees: L* 
Cof^n past for it. 

Granted the renewall of y* Licence unto Jn" Clark Jn° John- 
son Ric: Webber Hen: Robey Jos: Beard wid. Tricky 

The widow Trickie for & in considerac'on of y^ Juries not pay- 
ing ferridge w" they are on y" province service the Court grants 
her Licence for this yeare ensuing free & remitt w* she was to 
pay the Tress' for her Last years Costom. 

The widdow Sarah Sherburne relict of Hen: Sherburne de- 
ceased moving this Court y* she knew not how to Live for want 
of maintainance she having nothing of either form'' husband viz* 



378 NEW HAMPSHIRE COURT RECORDS 

waf Abbet & Hen: Sherburnes estate in her hand saving some 
household stuff for relieff The Court ord" that a Com'itte be 
chosen by this Court who have hereby pow fforth with to Lay 
her out the Thirds of all Lands & housen her husband Hen: 
sherburne dyed possest of or doe any wayes belong to her by right 
of Dowry & make returne of w* they have done in y^ premisses 
at the Court of Appeales in Sep* next The persons Appoynted 
to this affaire are Jn° Hunking Jn" Shepway & Jn° pickerin fur- 
thermore y Court ord" that y^ writings found in s'^ Sherburnes 
house after his decease now in y" hands of Jn° pickerin or any 
other person shalbe deliv^*^ up to y" Administra" & if y be any 
papers among them that are of publick use for this province to 
be rendred to some of y^ Council 

Thomas & peter Abbet being bownd to appeare w" Called & 
being now called & appearing the Court frees y™ from y bonds 

Edward Bickford with his wife & children being som'oned to 
appeare to Answ sundry objections aboute m"" Sherburns death, 
& nothing appearing, are by this Court sett at Liberty untill 
they shall see cause to call y™ againe & pay y own cost 

Jn° Amenseen tooke y oath of alleigance & constable for Gr* 
Island for y year ensuing untill another be chosen & Sworne 

Jos: Beard being som'ond to y Last Court to give in his tes- 
timoney aboute Jonathan Watsons selling drink w**' out Licence 
& not appearing refer'd to this where now appearing & refusing 
to give his evidence The Court sentence him to pay a fine of lO' 
& Jonathan Watson to be ffree. 

Wid. Trickle Zack Trickle & Jos: Trickle for their disord'ly 
carriage one to another, sentence The s'^ widdow Trickle & Zack : 
Trickle to have an admonition, & Jos: Trickle for telling a lye 
in y face of the Court is amerced to pay a fine of lo shill: 

There being Exhibited to this Court y case of Old Walfords 
estate given to his grand children which hath much difficulty in it 
concerning y right heireship to a person dying intestate desend- 
ing by gift from y Grandfather unto two grandsons y* are 
brothers, the Eld"" of W'' dying without will the bro"' of y^ Intes- 
tate claiming heireship to his intestate brothers estate the 



NEW HAMPSHIRE COURT RECORDS 379 

sisters to both these bro" they claim a ^te of s*^ intestate bro" 
estate, & the children of the doner y' first gave it they claime a 
^te — This Court therefore untill a decition of this case can be 
resolved (w'^'^ they will as Speedily doe as may be) Grants 
Administrac'on To John Amenseen and Jeremiah Walford bro' 
to y Intestate Tho: Walford deceased upon y s'* Tho: estate 
they giveing bond to administer according to Law & bring in an 
Inventory of the estate (with all rents received & due) unto the 
Court of Adjornm* held in portsm" y first wensday in Sep* 
next — The court accepts y own bond, & they acknowledged 
themselves to stand bound in a bond of 200' so to doe 

Inventory of Jn° Cutt esq'^ brought into Court & Sworne unto 
put on file w'^ his will 

The Court is Adjourned downe to portsm° y i' Tusday in 
Sep* next 

At a Court of Adjournm* held in portsm" y first Tuesday in 
Sep* I 68 I 

Then brought in the Last will & testam* of m'^ Jn" Hunking of 
portsm° & proved by m"^ Jos: Aloodey & m"" Jn° fifletcher & by 
y" Sworne unto putt on file with y records of y" quar'' Court 
held at Dover 7**^ June 1681 

prov^ of N — Hampshire 
At a quar' Court held in Hampton y^ 6**^ Decem' 168 1 
p''sent Ric: Waldren esq' p'sid* Ric: Martyn esq' W" Vaughan 
esq' Cap* Hussey esq' Jn° Gillman esq' Job Clements esq' E: 
Stileman 

Grand Jury 

w™ ffurber Sen' Jn° ffoss 

Sam. Wintworth W" Sanburn sen' 

Tho: parker Jos: shaw 

Jn° Moses Jn° Knowles 

Jn° ffabens W" Hilton 

Mathias Haines Jn° young 
Job Clements Jun' 



380 NEW HAMPSHIRE COURT RECORDS 

Jury of Trialls 

Barthol : Tipin foreman An° Staniel 

Thomas Harvey Jn° Redman sen'' 

John ffoss Tho: Marston 

Tho: Roberts Abra. Cole 

John Winget Benja: ffifield 

Nic° Harris Hen: Crowne 

George Walton p' aga* Henry Crowne def* Nonsuted, y^ def' 
is allowed 6^ 

Thomas Holmes p' ag* Robert Elliot defend' withdrawen. 

Natha" Boulter p' ag* Edward ffox defen*^ in an acc'on of y« 
case ior non ^formance of a Certaine ^cell of land con' 140 
acres sold s*^ Bolter as ^ attachm* on file 

Jury finds for y" defen' cost 12^ 

Reuben Hull & Richard Waldren p'* guardians to John Cutt & 
Hannah Cutt against Silvester Herbert defen' in an acc'on of 
y*' case for non paym' of 8^ 13^ 3^^ in money due as ^ attachm' 
on file — Jury finds for y^ p^ 8' 13^ 3^1 & cost i^ 10^ all in mony 
Geo: Jaffra Security 

John ffabes p^ ag' Thomas Seavey def' in an acc'on of y« case 
for with hold 24 cords of wood sold by his wife Thomasen — 
Jury finds for y" defen' cost 6^ 6"^ 

Joseph Stevenson p' aga* Tho: Drew def* in an acc'on Non- 
suted, upon the date of 80: in figures as in y' attachm' p'"sented 
in court, deft cost is i' 14^ 6'^ 

Gra^ executi" 18 may 1682 

Nehemiah partridge Atturney to y^ towne of portsm" p' aga* 
Jane Joce: Nonsuted defen*^ cost 10^ 

Nehem: partridge atturney to y^ towne of portsm° p' ag* 
Eliza: phillips nonsuted def*« cost io« 

Roger Rose p' aga* James Thomas defen' w^'drawen 

Roger Rose p' aga' James Thomas def withdrawen 

Roger Rose p' ag* w°» Graves defen* in an accon of trespass 
upon y° case as ^ attachm* at Large — Jury finds for y'' p' 6"* 
damage & cost 14' 



NEW HAMPSHIRE COURT RECORDS 38 1 

Samuel Levit p' ag* Sam : Hilton defen* in an acc'on of trespass 
upon the case for carrying away aboute 2 Load of Hay as 
^ attachm* is so declared Jury finds for y p'' 30* mony damage 

& cost 2^ 0« 2*^ 

Thomas Thurtin p' ag' Xtop' palmer def' in an acc'on of y 
case for with holding a debt to y" vallue of 45 shill: due by acco* 

The Jury Say y' if the evidences given be y* w°^ is sufficient 
to prove the truth of said acco* according to Law they then find 
for y^ p' his debt & cost if not they find for y defen* — The 
bench find y* evedence suf^cient to prove y debt & allow y^ 
p^ the balla. of his acco* 2' o« yj4'^ & cost i ' 6^ 6'i def'« cost 20« — 
the defen* appeals & himselfe & Nath: Batchelor binds y^selves 
in 5' to prosecute this appeale at y^ next Court of appeales in 
portsm" Sep'' next according to y Law of appeals 

John partridge p^ ag* Jn° Odiorne def* withdrawen 

Majo"" Thomas Clarke p' ag* Nath: fTryer Hen: Langstar & 
philip Lewis def*' in an acc'on of reveiw of a case tried at a qua' 
Court in portsm° y*** Decemb. 1680 

The Jury finds a Speciall verdict If y deed given by Cap* 
champernowne to m' Vallentine Hill & y^ s'* possession be accord- 
ing to Law then they find for y*' plantiff y" s*^ Land in coutroversie 
& cost else they find for y® defen* 

The bench Judges y* y^ deed given by cap* champernowne to 
m' Vallentine Hill & the s^ Hills possession is according to Law 
pi cost is 4^ 2« 

The defen* appeals from this sentence unto y next Court of 
appeales at portsm° In Sep*"" next & phillip Lewis & Hen: Roby 
binds y ""selves to y® p' in looo' bond that y^ s"^ Lewis & comp. 
shall ^cecute this appeal to effect according to y Law of ap- 
peals. defen*« cost is 2^ i« c^. 

John Meckel came into Court & acknowledge a Judgm* 
of 21' I2« c^ in m'ch* pine bords at 30' ^ thousand due unto 
Sam: wintworth to be deliverd at some convenient Landing 
place in piscattaq : River : 

Elias Crochet acknowledged a Judgm* of 6 thousand red oak 
m'* pipe staves & one thous'* m'* white oak pipe staves due unto 



382 NEW HAMPSHIRE COURT RECORDS 

Ric: Waldren esq"^ to be deliverd at som convenient landing 
place near swamscot in Gr* Bay piscattaq : River w'^ 6 shill more 
in money 

gra** execu. 5 Apr 1682 

Roger Rose is allowed 12^ to be p"* by W" Graves for som'on- 
ing his to y« court & did not enter his acc'on : 

Hen Crowne is allowed 6« to be p*^ ^ W" Richards he som'on- 
ing to Court & not entring his acc'on : 

Granted to m" Mehetabell Dalton administrac'on upon y* 
estate of Samuel Dalton esq' her late husband deceased & all 
houses & Lands of s^ Daltons mentioned in y Inventory of his 
estate stand bownd that she administer according to Law & as 
y" Court shall ord' to pay debts & childrens portions, she also 
presented an Inventory of s^ estate amounting unto 868' 5* c^ 
unto w"** she tooke oath & promised if anything more came to 
her Knowledge to bring it in to be added. 

Jacob perkins& Ebenezer perkins upon compla* of Isaac Green 
to y^ Last Court concerning sundry Injuries done him by y^ s'' 
perkins & at s'^ Court y wanted fuller proof the Court then 
bownd s^ Green to prosecute & them to answ at this Court. 
In the Interim they made up theire differrences between y^selves 
contrary to Law & the Court having Spent much time to heare 
y case to sentence s'l Greene & s<^ Jacob perkins to have an ad- 
monition & y*' s^ Ebenezer (aga* whome it appeared he through 
y dogg in y^ well) to pay a fine of 20' butt upon his humble 
petition is abated halfe 

Upon y^ compla* of L^ Sanburne & Hen : Robey in behalfe of 
y« Towne of Hampton aga* Nath: Boulter that had reentred 
upon y« Land after execuc'on served The Court ord" that s^ 
Boulter shall Lay downe & intermeddle no more w*** y" towns 
Land that he ingroced & was Levied on by execuc'on, & if after 
this he shall presume to reenter againe upon y p'misses It shalbe 
in Y" pow' of any in authoritie upon compla* made to com'it 
him to prison w^'^out bail or mainprize to be Kept till y= next 
court to answ^ y" same & pay y® consta: & fTees 



NFW HAMPSHIRE COURT RECORDS 383 

In Answ to y" widdow Sherburns petition The Court saith for 
releife she may make w' use she pleaseth of her thirds of Land 
trees woods & und'woods thereon & dispose thereof during her 
Naturall Life & y* was y meaning w" they ordered the Laying 
out her thirds of w' Land &c her late husband dyed possest of 

m' George Snel brought in an Inventory & desired it might 
be Kept on file w'** this courts records: 

Rog'' Rose & W" Graves agreem' acknowledged & put on file 
of this Courts records 

The Last will & testam* of Tobias Leare brought into Court 
& proved by Hugh Lear and Sam. Sherburne is allowed & put 
on file 

Natha^' ffollsham came & acknowledged a Judgm* of 3' 2* 6'' 
in curr* N — England money due unto Josiah Sanburne. 

Sam: Hall came into Court & acknowledged a Judgm* of 12' 
y 5^* in m^* pine bords at 30 shill ^ thous** & 7« 6"^ mony due 
unto m' W"" Vaughan to be delivered at some convenient place 
In Exceter 

Gran, execu. 21 mar. 168 1-2 

George Roberts acknowledged a Judgm* of 4' 3^ in m""* w' oake 
hh'' staves or m"''* pine boards at 40^ ^ thous'^ & 3^ 6"^ money 
due unto Cap* Tho: Dainel In some convenient Landing place 
in Exceter. 

Nicholas Lisson came before y Court & acknowledged a 
Judgm* of one thousand of m''' white oake pipe staves & 3* 6*' 
in money due unto Cap*^ Thomas Dainel 

Hen: Dearborne took oath of Constable for Hampton: 

Nathainel wright came before the Court & acknowledged a 
Judgm* foure thousand of m'"c* white oake pipe staves due unto 
Majo' Richard Waldren & 8^ in money to be delivered at Rich- 
ard Waldrens wharfe on Dover Neck 

gra*^ execu. 5 Apr 1682 

Charles Runlet came into Court & acknowledged a Judgm* 
i4Mn mar* white oake & hh^ Staves at price Curr* & 3* 6^ in 
money due unto Cap* Tho : Dainel 



384 NEW HAMPSHIRE COURT RECORDS 

Jn° young came & acknowledged a Judgm* of 5' 9^ 6*^ in m'* 
pine boards at 40^ ^ thousand foot (& 6^ 6^ in money) to be 
deliv'^ at some convenient Landing place in Excef due unto m' 
W" Vaughan 

gran, execu. 21 mar: 168 1-2 

M' Jn° Grooth acknowledged a Judgm* of two thous'^ foot 
m''* pine bords due unto the execut' of W" deceased — execu. not 
to be taken out untill April next 

M' Jn° Grooth came & acknowledged a Judgm* of 11' 2« 9^^ to 
be paid 2 M. foot in m""* white oake pipe staves & y^ remainder 
in boards or staves at Curr* price due unto m' Sam. wintworth 
execu. not to be gran*^ till Aprill next 

Robert powell acknowledged a Judgm* of 4' lo' in m""' white 
oake pipe Staves or hh*^ at price Curr* to be deliv^ at exet' & 
I2« 8*^ in money due to Ephra. Winslow & the goods attached 
viz house & land to stand responsible until this Judgm* be 
satisfied 

Isaac Trickle acknowledged a Judgm* of i^ I2« 8^^ in money 
due to Jn° Allen & y*= goods attached viz* house & Land to be 
responsible till this Judgm* is satisfied 

Jn° Lock sen"" acknowledged a Judgm' of 11^ according to bill 
due unto m'^ Nath : ffryer & as the bill saith to his satisfaccon 

The Jurys verdict concerning y untimely death of Jacob 
Stanion put on file 

Edward Gillman Moses Gillman & Sam: Sherburne are 
granted the renewall of theire Licences 

ffrancis Huckins on y ^^^ of Decem. 1681 came before Richard 
Martyn esq' Tho: Dainel esq"" & w"" Vaughan esq'' of y" Council 
of N — Hampshire & confest Judgm* of 19' to be paid in m""* 
white oake pipe Staves at 4' ^ thousa. or m'* pine boards at 
40^ ^ thous*^ fToote due unto w™ Vaughan esq' & to be deliv"^ 
at s*^ Vaughan wharfe in portsm" this Judgm* transmitted to 
this Court & by them confirmed. 

phillip To well Jun' having been bownd to y^ good behavior, 
appearing at this Court desired his bond might be taken off, 



NEW HAMPSHIRE COURT RECORDS 385 

proclamation was made & nothing appearing against him, the 
Court frees him from his bond 

The Court being Informed that there are sundry persons in 
& aboute exceter & the greate bay that are not rated to y^ 
province rate 

This Court ord" that Marshall Dow forth with take a list of 
all such ^sons & estates from ph" Lewis to wheelwrights creek & 
upward or elsewheer in y*^ prov. & Informe the Council thereof, 
& to be satisfied for his paines for so doing 

The Verdict of y Jury of inquest concerning y- untimely death 
of Isaiah Odiorne put on file 

At a qua' Court held at portsm" in prov. of N — Hampshire 6 
June 1682 

George Jones came into Court & acknowledged a Judgm* of 7' 
I' o due unt ffrancis Tucker Atturney to Rich: Beackham & 
comp. to be p"* in m""* pine boards at 30^ ^ thous<^ to be deliv'^ 
on Gr' Island in piscattaq : River. 

Arthur Bennick in Court confest a Judgm*^ of 27' 17^ o'* to be 
p*^ in m""* white oake at 3' 10^ ^ thousand due unto m'' w" 
Vaughan or m""* pine bords at Lamperil river as s'^ Vaughan can 
buy for mony if in staves then to be dd at s^ Vaughans wharfe 
& 4^ 6^ in money 

L* Ralph came into Court & acknowledged a Judgm* of seven 
thousand of m""* pine bords to be delivered at y^ mills at exeter 
payable to Cap* W"" Gerrish for so much due unto y" estate of 
m' Richard parker deceased. 

Nicholas Doe tooke Constables oath for y towne of Dover: 

The Virdict of y^ Jury concerning y untimely death of Griffon 
Jones put on file 

At a quart' Court held at portsm" in prov. of N — Hampshire 
June y^ 6**' 1682 

p'sent Ric: waldren esq' pres' E: Stileman dep* p's'i* Ric: 
Martyn W™ Vaughan Tho: Dainel Jn" Gilman Job Clements esq" 



386 NEW HAMPSHIRE COURT RECORDS 

Grand Jury 
Jn° Roberts Geo Lavers Ne: partridge Ric: waterhouse Jn° 
Lewis W" Seavey Jun' Jos: Berry portsm** 
w" Shuckford Charles Adams Dover 
Abra. Drake sen"^ ffran. page Tho: webster Hampton 
Jn° ffolsham Jona: Robinson Exeter 

Jury of Trialls 

Jn° Shepway Reu : Hull John Gotten Tho: Jackson Sam. 
Haynes portsm" 

Jos: Hall w™ ffurber Jun' Benja: Mathews Dover 

Nath: Wyer Tho page Sam. sherburn Hampton 

Moses Gilman exef 

Joseph Stevenson p' aga* Tho: Drew defen* as ^ attachm* 
Nonsuted, the defen* is allowed 14^ 

gran. Execu. J^^ July 1682 

Daniel Westcott p' ag* Jn" Baker defen* as ^ attachm*: 
Nonsuted 

Rich'^ waterhouse p* ag* Jn** Odiorne defen* as ^ attachm* 
Nonsuted 

Jn" ffolsham p' aga* W" Hutchins defen' as ^ attachm* 
withdrawen 

W™ Gray p^ ag* w™ Shuckford defen* in an acc'on of trespas 
upon y« case for his breach of coven* made with him &c as ^ 
attachm* 

Jury finds for y" defen* cost of Court io« 

gra. execution 19 Sep*'' 1682 

Joseph palmer p' aga* John Redman Jun"^ defen* in an acc'on 
of trespas upon y case for y* s^ Redman did com into y« s^ palm- 
ers Land wherein s*^ palmer was ^*«' owner & did cutt downe & 
cary away Severall young trees or wood as also for claiming s'^ 
Land for his own thereby Labouring to alter y'' title of s'^ palmers 
Land as ^ attachm* 

Jury finds for y p' the Land in controversie & 20» mony dam- 
ages cost 2' I2« 4 



NEW HAMPSHIRE COURT RECORDS 387 

The defcn' appeales from this Sentence unto y'' Court of 
Appeales held in portsm° the i* tuesday in Septem'' next & s^ 
Redman defen* & Cap' Waif Barefoot acknowledge themselves 
to stand bound to s"^ palmer in the sume of 80' that the defen* 
shall procecute this his appeale at s^ Court to effect according 
to y^ Law of appeales. Jn° Redmans cost 25^ 

gra. execu. y 16 Septem"" 1682 in y court of appeals sep"^ hi: 
evidences 4' 4 

Walter Barefoote p' aga* Iccobod Rawlins defen* in an acc'on 
of y*" case for not ^forming an agreem* made y" iS'*' of Octob'' 
1673 by y^ s'^ Iccobod & Joseph Rawlins as ^tners for y« 
building & setting up a house &c. as at Large ^ attachm' 

Jury finds for y defen* Cost 4^ The p' appeale from this sen- 
tence to the Court of appeals held in portsm" Sepf next & y^ 
8** Barefoot p' & Jn° Redman Jun"^ binds y^selves in the sume of 
200' to y defen* to ^cecute this appeale to effect according to 
y" Law of appeals 

Nath Keen p^ ag*^ Sam. Hall defen' withdrawen 

Nath Keen p' aga* Sam Hall defen* withdrawen. 

Joseph Smith of Oister River p'^sented for not coming to y" 
publick worship of God these Severall yeares w^'' appearing. Sen- 
tence to have an admonition 

phillip Russell for being drunk or excessive drinking owned, 
Sent, to pay a fine of 5" 

The Last will & testimony of Dodavah Hull brought into 
Court by Mary Hull his relict widdow being Imperfict for 
want of execute" The Court grants her Administrac'on upon 
his estate & enjoyn her to bring in an Inventory of the es- 
tate to y" Council y^ first Tuesday in July next, y" will is put 
on file 

The Council being Informed that y^ sundry night walkers y' 
do much mishief in y town of Hampton & y* y suspition of y 
Indians riseing & surprizing of the English there being no watch 
Kept there, for prevention do ord"^ that there be a Constables 
watch forth with Kept in y* towne according to former Costome 



388 NEW HAMPSHIRE COURT RECORDS 

& that the Constables do theire duty to see this ord' ^formed 
& give the watchmen their charge accordingly 

Edward Cate having attached the widdow Avery to this 
Court & not entring his acc'on she is allowed 2 days for her 
attendance 4^ & Leon : weekes having attached a Cow of hers to 
the sute & putting it into y hands of s'* Cate 3 m°^ since v^"^ 
is to her damage The Court ord" y* s'* weekes Constable cause 
her Cow to be returned to her & pay her 5^ for y want of her. 

Granted Administrac'on unto m' Reuben Hull upon y*^ estate 
of peter Vittery of London who died out of y"' Ketch ffriends 
Endeavo' of piscattaq"^ River on a voyage to the Madara from 
s*^ River & enjoyn him to bring in an Inventory of the estate to 
the recorder of this Court w**> in a month & then to give bond to 
respond the vallue y same according as this Court or y^ Author- 
ity of this province shall order. 

Whereas there was one Steven fflanders of the town of Sals- 
bury in y" Massachusets Collony had an execuc'on extended on 
his body for want of goods put into prison and Lock*^ in com'itted 
to y^ costodie of y" keeper of y prison in y^ prov. of N — Hamp- 
shire haveing made his escape out of s*^ prison It is therefore 
ordered that a warr* be Issued out for y^ Apprehending & taking 
of him s'^ Steven fflanders if it may be 

To y" m^shall of Hampton or Constables y & the Constabs: 
of Exet' portsm° & Dover 

You are hereby req^'^ in his maj*^ name upon sight of y s"^ 
fflanders in either of y^ respective towns Imediatly to Apprehend 
him & upon any informac'on to make dilligent search for him 
in any ^^^ of this province to seiz him & forthw*** to deliv him 
to John Senter prison keeper to be by him secured in Hampton 
prison in y« prov. of N — Hampshire until y^ Council take ord' 
aboute him or y s<^ prison' satisfie his Creditor w*^ all due dam- 
ages & release of y" s'^ prison"^ be declaired to y s'* Keep' und' 
y hand of y p'sid^ dep* p'sid* or any one of y Council in s'* 
province and hereof faile not at y ^ill: & this shalbe y suffi- 
cient warr* 



NEW HAMPSHIRE COURT RECORDS 389 

The Ordinary Keeper complaining to this Court that the 
Imposition Laid upon y™ for their Licences was to Heavy trading 
being so dead y* they could hardly maintain theire familyes 
Humbly desireing they might be eased The Court upon con- 
siderac'on abates & takes of y" one halfe of w* they p'* y" Last 
yeare they paying the tress' y other halfe and for this yeare en- 
suing to pay to y tress"" one halfe of that sume the Court or 
Council Imposed upon y"" when they first granted y™ their Li- 
cences 

Elizabeth Clarke petitioning y Court that it was so hard 
w"' her that she was not able to pay w' is due for her drawing 
these 2 last years being 6' therefor that they would please to ease 
her The Court considering her Low condition grants her that 
she paying 3' to y" tress"" they do remit y" other 3' & grant her a 
lycence & to pay 30 shill for this year ensuing. 

Granted the renewing of Licence unto Jos: Beard of Dover 

Jn° partridge Hen Crowne to keepe ordinary or Taverns in y* 
towne of portsm" 

Ric : Webber in ditto towne to sell as formerly 

Hen : Robey in y" towne of Hampton 

prov of New Hampshire 

At a Court of Appeales held in portsm° y^ 5*'*' of Sep*"" 1682 

p'sent The president Dep*'' p'"sid* Ric: Martyn W"" Vaughan 
Tho: Daniel Jn° Oilman Xtop"" Hussey esq" 

Cap' Walter Barefoote p' aga* Iccobod Rawlins in an acc'on 
of appeal from y^ quar"" Court held in portsm" y^ 6*^ June 1682 

Jury finds for y defend* the confirmac'on of y« form"" Judgm* 
& cost of courts 8' 

Christop' palmer p' aga' Tho: Thurton def* in an acc'on of 
appeale from the quar"" Court held in Hampton y« 6*^ of De- 
cemb' 1 68 1 

Jury finds for y p' the reversing of the former Judgm* & cost 
of Courts 3^ 3" 6 

Gra. execu. y* 16*'' Sep' 1682 



390 NEW HAMPSHIRE COURT RECORDS 

John Redman Jun'' p' aga* Joseph palmer in an acc'on of 
Appeal from y^ quar"" Court held in portsm° the 6**^ of June 1682 

Jury finde for y" defend* the confirmac'on of y former Judg- 
m* & cost of Courts 4' 7^ o^ darks fil eveden: is 4^ 4*^ 

Gra. Execut. y" 16 sep* 1682 

phillip Lewis & comp. pla*^ aga* Majo^ Tho: Clarke & comp. 
(jefdts jn an accon of appeal from y" quar"" Court held in Hampton 
y 6*^ of Decemb-" 1681 Nonsuted: pl^^costatboth Courts is 5 '0^4'' 

At a Court of Pleas held at Portsmouth in y^ Province of New- 
Hampshire y*^ 13''' of ffebr 1682 

Before William Vaughan Esq' Judg of y*' s'* Court & Richard 
Martin & Walter Barefoot Esq" Assistants. 

A Grand Jury for Presentm*^ & a Petty Jury for Trialls were 
sworn upon the Bible according to Law. 

[Grand Jury] 

John Roberts, fforeman John ffoulsham 

fTrancis Page Kingsly Hall 

Abraham Drake sen'' Nehemiah Partridg 

Thomas fhlbrook Will : Sevey Jun' 

Thomas Webster Samuel Clark 

Thomas Roberts Mathias Hains 

John Bickford Sen' John Lewis 

[Jury for Trials] 
Robert Burnham flforem. John Hall 

Daniel Tilton Tho: Jackson 

Ben: ffifield James Robinson 

Joseph Dow Samuel Hains 

John Davis Rich : Waterhouse 

John Tuthill Joseph Berry 

Grace Roberts of Presented by y" Grand Jury for com'- 

itting ffornication. Adjorned. 

Sara Pierce of y" Little harbour Presented also for iTornication. 
Adjorned. 

Ezekiel Pitman of Dover having bin bound over for com'itting 



NEW HAMPSHIRE COURT RECORDS 39 1 

ffornicac'on, stands bound with his surety Joseph ffield. Ad- 
jorned. 

In a Cause between our Soveraign Lord the King PI & Robert 
Elliot of Great Island Merch* Deft, in an Action of the Case for 
confederating contriving & abetting to the carrying away & 
escape of the Bark Gift of God: The Jury find for the Plaintiff & 
all just damages, & Costs of Court. Judgm* accordingly. 

Our Sover Lord the King P' against Robert Elliot of G'' 
Island Merch' Deft in an Acc'on of the Case for affronting 
abusing & assaulting the Kings Officers after seisure of y" Bark 
Gift of God; The Jury find for y Defend* Judgm* accordingly 

Our Sover Lord the King PI against Elias Stileman Deft in an 
Acc'on of y^ case for affronting abusing & assaulting y Kings 
Officers after seisure of y'' Bark Gift of God; The Cause was 
agreed. 

Walter Barefoot Esq"" PI against Robert Wadley of Exceter 
Planter Deft, in an Action of Trespas for cutting down his 
timber, destroying his woods & keeping him out of possession of 
his Lands & Mill above ten years; The Jury find for the Deft: 
Costs of Court. The Court thereupon gives Judgment accord- 
ingly for the Deft. 

The PI appeals to the King in Councel from y Judgm' of y^ 
Court, which the Court allows, y said PI having given sufficient 
security, according to His Ma*^ Royall Com'ission for that pur- 
pose, And y« Plaintif & the Hon''''' y^ Governor Edw^ Cranfield 
Esq' & Robert Mason Esq'' acknowledg themselvs to ow & be 
indebted to the Deft Wadley in y^ sum of 200' jointly & severally, 
to pay the costs & charges of the Appeal of y*" s'' Barefoot in case 
the Judgment shall be confirmed. 

George Walton PI against Jeremy W^alford & John the Greek 
alias John Amazeen of Great Island Planters Defend'" in an 
Action of Trespas for forcibly coming upon his land on y s'^ 
Gr' Island, carrying away his wood, & for keeping him out of 
possession. The Jury find for the Defts, Costs of Court. Judg- 
ment accordingly. 

The PI appeals to y King in Councel from y Judgment of y^ 



392 NEW HAMPSHIRE COURT RECORDS 

Court which the Court allows, y s'^ PI having given security ac- 
cording to Law; And the PI, Robert Mason, & Walter Barefoot 
Esq" are obliged to the s<^ Defts in y^ sum of 200' jointly & 
severally for payment of y charges in case the Judgment shall 
be affirmed. 

Timothy Isles & Robert Elliot entred into a Recognizance in 
y" sum of one hundred pound viz 50^ a peece for the good 
behaviour of the said Isles within this Province; He having be- 
haved himself contemptuously to y Court & spoken prophane, 
if not blasphemous words, viz these; That Christ was a Car- 
pentar; As also to appear at y^ next Court. 

Upon the breach of Joseph Stevensons bond of ten pound for 
his good behaviour upon y*^ Compl* of Thomas Drew; The Court 
Orders the sd Stevenson to pay Thirty shillings, with y Costs & 
fees (or stand com'itted) & so discharge him of his sd bond. 

Upon an Informac'on of Riotous meeting against Joseph Dow 
of Hampton Planter & others; The sd Dow entred into Recog- 
nizance of 100' for his appearance at the Quarter Sessions next 
to be held at Portsmouth, there to answer to his charge. 

[Court Papers, vol. 8, p. 23.] 

y Jury of Tryalls 

Hum: Spencer Tho: Marston Tho: Parker Jerrmy hodgdon 
Sam : Roby Joseph Hall Joseph Tricky Roger Rose 

Hen Roby Dan Tilton Nath Boulter Christ Palmer at Hampton 

John Lewes Jo: Lock Jam: Leech Jos: purmet Edw Carter 
Sid Walton Great Island 

Andr: wiggin Exter 

Edw Smith Sagamore creak 

May 5'^ 1684 The Persons above named were sum'oned for 

y Petty Jury ^ me 

Thomas Thurton deputy Marshall 

gran Jury 

Robart Smith Henry Moulton Tho. Marston mourice Hobs 

hampton 



NEW HAMPSHIRE COURT RECORDS 393 

John Sewer Rich. Webber Jo: Chevalier at Kingst at Portsm" 
Walter neal greeland 
Jon : Thinge Exceter 

May 5th 1684 The persons above named were sum'oned to be 
of y^ Grand Jury '|^ me 

Thomas Thurton deputy Alarshall 

[Court Papers, vol. 8, p. 37.] 

Y*" Grand Jurey ffor y first Tuesday in August in y^ yeare 1684 

Hampton Henrey Lamprell sin Abram: Dracke sin ffrances 
pagge Thomas Marston John Readman sin Henry Dowe 

Exetere John Gillman petter ffolsom Samewell Levett Edw 
gillman 

Sandy beach Nath. Drake John Brackett 

Littell harber Georg Walless John Odahorn 

Elias Stilman Richard Richard Waldon Jun Ruben 

Hull 

These men there names a bove writing Sumensed by me 

Thomas Thurton 
provance Marshall 

[Court Papers, vol. 8, p. 39,] 

Y^ Jurey of Tryalls ffor y^ first Tuesday in August in y« yeare 
1684 

Obadiah ■Mors William Sevey Jun 

Josiath Samborn Samewell Clark 

John Tucke John peverly 

Eseron Levett Thomas Sevey 

John Mason John fflecher 

Jacob Brown John 

John Readman Jun John Sevey 

John Lock Rich : Jackson 

These men there names a bove writing Sumenesed by me 

Thomsas Thurton 
Provance Marshall 



394 



NEW HAMPSHIRE COURT RECORDS 



[Court Papers, vol. 8, p. 43. 



Henry Roby 
nath Boulter 
Chris: palmer 
Eph: marston 
John Readman sin 
Cap* Wm marston 
John Marston 
Ant Tayler 
John Smith tayler 
John garland 
Ben: molton 
James marston 
John Blacke 
Philip Towell 
Gasham Elkines 
Jos: Cass 
Henry Russel 
John Sewer 
Cap* Wm : Hilton 

I have Summaned these 



[Endorsed] 24 Mo : 4 84 



Jury 

John Lock 
Sam: Hilton 
Jam: Leech sin 
James Rendell 
John denitt 
Rich : Jackson 
Jam: Robarson 
mos. Gillman sin 
ffrancis Lifoot 
Theofa dudleye 
Cap* Mathese 
Jonathon Roberson 
Andrew Crame 
James Leech Jn' 
John Rand 
Left Rich Sloper sin 
mathew nelson 
Henry Crown 

men there names a bove writen by me 
Tho: Thurton 
Prova''^ Marshall 



[Court Papers, vol. 8, p. 21.] 

A List of y^ Jury of Tryals for y first Tuesday in July 1684 
to be held att great Island for y provance of new Hampshire 

Hampton Henrey Roby Nathaniel Bolter Thomas Marston 
Christopher palmer 

Gr* Island Joseph purmort Sidrack Walton James Robenson 
Thomas Parker Edw: Carrter Henrey Russell 

Straburrey banck John Seward Sam : Clarke Richard Jackson 



NEW HAMPSHIRE COURT RECORDS 



395 



John Jackson William Richards Richard Webber Richard 
waterhous 

Exeter William Hilton 

Sandy beach John Locke 

These men Summan'd upon y Jury by me 

Daniel Mathews 
Provance Marshall 



[Court Papers, vol. 8, p. 


41.] 




Jury for the 


2^ Dec 84 


Phill Severitt 




Timothy Davis 


Mathew Nelson 




Jos: purmeat 


John Baker 




Sid* Walton 


Wm Gotten 




Nehemiah Partridge 


Jams Robarson 




Hen : Crone 


Sam" Case 




John Lewes 


Atter Head 




william Richards 


James Jones 






These men Summaned by me 








Thomas Thurton 






Provo'« Marshall 


[Court Papers, vol. 8, p. 


315.] 






Ye Jury 


Hen: Roby 




John Lewes 


Cris* palmer 




John Lock 


Ben : Aiathes 




Edw: Lethers 


Sam: Hilton 




James Leach sen 


Robart Watson 




Edw Cator 


Hen: Otes 




John rand 



Sidreck Walton 
These men there names a bove writon Sommanded by us to 
Sarve upon y^ Jury tryales the ffirst tuesday in may 1685 

Thomas Thurton Marshal 
Ezekiel Pitman Deputy Marshal 



396 



NEW HAMPSHIRE COURT RECORDS 



[Court Papers, vol. 8, p. 313.] 

Hampton Henry Roby Nathaniel Boulter Thomas Marston 
Christopher Palmer 

Exeter Capt* William Hilton Samuel Levett 
Oyster river Capt^ Benjamin Mathews 

Great Island John Lock John Lewis Sydrack Walton Thomas 
Parker Joseph Purmott Samuel Clark 
John Smith tayler Hampton 

I have Summons y^ men that there names are a bove written 
apone y« Jury of Tryalls for y" ffirst Tuesday in June 

Thomas Thurton 
deputy Marshall 
New Hampsh: 
At a County Court of pleas & Sessions of the peace held on 
Gr* Island the first Tuesday in Octob' being y« 5 day 1686 

p'sent Hon'^i^ W" Stoughton esq"" Judge Jo'' Usher esq' Jn" 
Hinckes esq"^ of y" Councel waif Barefoot Rob* Elliot Ric: 
Waldren esq" Jus: peace 

The Grand Jury 
Sam'i Wentworth foreman Jn° ffabens 



Walter Neale 

Henry Moulton 

Thom : parker 

Jn° Roberts sen' 

Henry Dearbone 

Jn° Bracket 
All sworne according to Law. 

Jury of Trialls 

Thomas Cobbet foreman 

Joseph palmer 

Sam'' Haynes 

Jn** Sanborne Jun' 

Edw* Gilman 

Jn" Smith 
all Sworne according to Law: 



Abra: Cole 
James Huckins 
ffrancis Leyford 
Jn° Bruester 
Isaack Marston 



Jn° Hall Jun' 
Jonatha. Thing 
Nicholas ffollet 
Jn° ffolsham 
Arthur Hodey 
Benjam : Cram 



NEW HAMPSHIRE COURT RECORDS 397 

Joseph Shaw being Som'oned to Serve on y Grand Jury »S: 
not appearing is fined 13' 4'* 

Richard Martin esq' p' aga' Walter Barefoote esq' defen' in an 
acc'on of review of a case tried at a Court of pleas held at gr* 
Island the 6**' of Novem' 1683 as at large ^ attachm* 

Jury finds for y" plantiff 14' 17" Silver damages & cost of 
Court three pownd : 

The defen* Walter Barefoote esq"" Appeales from this sentence 
unto y next Court of appeales held in Boston the first tuesday in 
Novem' now next following by y p''sident & Council & y defen' 
binds himselfe to y p' in 20' mony to procecute this his appeale 
to effect according to y Law of appeales 

Robert Mason Esq' p' ag*' Andrew Wiggins defen* nonsuted. 
def*' cost o: 15': c* 

Jn° Seavey p' ag* Nicholas Hodge defen* in an acc'on of trespas 
upon y" case for pulling downe the frame of a house &c. as ^ 
attachm' put on file 

Jury finds for y« plan* 4' damages selver & cost of Court 
2: I5:9<i 

given execu. 26 octo' 1686 

Jeremiah Walford pla* ag* Hannah Jones defen* in an acc'on 
of y^ case for entring into & Keeping him out of a ^cel of Land 
as being heir to his bro' Thomas Walford deceased &c. as ^ 
attachm* at large on file, Jury finds for y defen* cost 11* 6'^ the 
pla* appeales from this Sentence to y<^ p'sident & Council there 
Court of appeales held in Boston y" first tuesday in Novemb' 
next ensuing, & John Amenseen & Nehemiah partridge binds 
themselves to y^ defen* in the sume of 20 • that the p* shall prose- 
cute this his appeale to effect according to y« Law of Appeals 

Jn° Sherburne p' Thomas Gubtell defend* with drawen, de- 
fen*^ cost is I' 1^0^ 

Robert Mason esq' p' ag* Tho: Dearbon def* withdrawen: 
def* is allowed his cost 18 shill 

Robert Mason esq' p' ag* Ebenezer perkins def* withdrawen 
def* is allowed cost i ' 3' 3** 

Joseph Payne p' Edward Cranfield esq' defen*, withdrawen 



398 NEW HAMPSHIRE COURT RECORDS 

John Shepway p' by Scire facias ag' Joseph Trickey defen* the 
defen' appearing and could give no reason why execuc'on should 
not goe out aga*^ him 

The Court grants the p' 9' lo' mony to be Levyed by exe- 
cuc'on on s'^ Trickie 

given execu. 26 octob"" 1686 

Edward Gove p' aga* Edward Cranfield esq"" formerly Gov of 
y^ prov. of N. Hampsh def' in an acc'on of the case for with 
holding of 200' in money of y" p' estate as ^ attachm* 

Edward Gove haveing com'enced this acc'on of y^ case ag* 
Edward Cranfield Esq' for the recovery of two hundred pounds 
received by y" s*^ Edward Cranfield out of y estate of y^ s^ 
Edward Gove as being a ^son attainted of treason, his maj*'« 
hath been pleased not only to pardon y^ s^ Edward Gove but also 
hath Commanded the s^ president & Councill to restore to y« s'^ 
Edw: Gove all y* of right did belong unto him before the at- 
tainder yet notwithstanding the Court being desireous to re- 
ceive the explanation of his s'* Majesties ord'' from y^ s*^ presid* & 
Councill before any further prosecution be made in y^ s^ acc'on, 
It is ordered by this Court that y s"* attachm* of y^ afore named 
Edward Gove & the serving thereof on y" house of the s^ Edward 
Cranfield shalbe & is hereby continued to y" next Court of pleas 
to be held for this province of New-Hampshire then & there to be 
^secuted & that no ^ceedings of any other person or ^sons shall 
in y« meane time turne to the prejudice of y^ said Edward Gove. 

This Court ord" that by reason of the deficiencie of y^ prison 
on G""* Island that a new one be erected on y^ fort poynt on s** 
Island to be forthwith made of Stone & for y^ effecting thereof 
upon y province charge M' Rob* Ellet m^ peter Coffin m-" Greene 
& m' Wadley are appoynted a Com'itte to ord' & to se this their 
ord' accordingly ^formed; 

Upon Informac'on to this Court that m' Seaborne Cotton y* 
minister of y^ towne of Hampton lately deceased y^ s'* towne 
being behind in not paying him their due This Court ord" that 
the select men of s*' towne take care to pay all such arrears that 
are behind to his Widow or to him y* it is nextly due. 



NEW HAMPSHIRE COURT RECORDS 399 

The Court allowcs Rich : Scamon i ' o« 8 to be p'^ by m'^ Mason 
he not entring his acc'on 

Tho: Dearl)one is allowed cost to be p'^ ^ m' Mason he not 
entring his acc'on i8' 

Alice Walton is allowed I2« to be p*" by Jn" ffabins he not 
entring his acc'on 

W"' Hilton came into Court & confest a Judgment of ten 
thousand m'ch*'''^ red oake pipe staves due unto Reuben Hull to 
be deliv*^ on s*^ Hulls wharfe or to be Levied on his person & 
estate. 

Iccabod Rawlins came into Court <& acknowledged a Judgem* 
for 17' oo« GO'* to pay the one halfe in m""' Square oares from 16 
foote to 28 foot at I ^^'^ ^ foot & m'^le red oake hh^^ staves at 
20" ^ thousand & m''' red oake pipe staves at 30^ ^ thousand the 
other halfe due unto Reuben Hull to be Levyed on his ^son & 
estate 

Sarah & Joshua daut"^ & son of Joshua perce deceased came 
into Court & made choise of John Light theire father in Law to 
be their guardian is allowed 

Upon complaint to y" Court y* y towne high waies in Exceter 
are out of repaire, the Court ord" y* y select men there take 
care y' they be mended in 6 weekes or pay a fine of. . . . 

New — Hamps"" 

At a Sessions of y^ peace held on Gr' Island y*' 6**^ of Octob' 
1686 

p'sent y Hon'''" W" Stoughton esq' Judge Jn° Usher esq"" 
Jn° Hinckes esq"" of y« Councill Wat' Barefoote esq' Rob* Elliot 
esq' Ric: Waldron esq' Jus* pea: 

The Juro'« for o' Sov: L*^ y^ King do upon y oathes p'sent y* 
Robert Burnham sen' of Oyst' River Carpend : on or aboute y** 
26*^ day of July An'' Dom: 1685 & in y« first yeare of y^ raign of 
our Sovera. L^ James y"' 2"^ by y^ Grace of God of Engla. Scotland 
fra: & Irelan: King defend' of y" faith &c. at Gr* Island in the 
County afores"^ in y year afores'^ he y« s<^ Burnham as afores*^ 
being Legally com'itted to y" Costody of Ric^ Abbott prison 



400 NEW HAMPSHIRE COURT RECORDS 

Keep' of y prison on Gr* Island as afores'^ & taken into y« 
costody of y« s^ prison keep"' as afores*^ he the s<^ Rob* Burnham 
as afores'* on y s^ 26 day of July as afores'i in y year afores** by 
force & armes the prison of o'" s"^ Lord y King then & there being 
he the s*^ Robert Burnham as afores'^ did breake & himself e s^ 
Rob* Burnham put a large & set at Lib'y in manifest Contempt 
of his Maj""^ GoVm* & aga* y peace of o' Sovera. Lord y* 
King his Crown & Dignity 

Witness Rich-^ Abbot 

Coram Curia Octob' 6*'* 1686 

Jos: Rayn bound in five pownd by way of recognizan. to pro- 
cecute this bill of Inditem* at next Court of pleas for New — 
Hampsh : 

Teste Ben: Bullivant Attorney G: 

Thomas Deamont of Star Island being indited by p'sentm* for 
affronting the Constable there pleading not guilty at first 
afterward owned the p''sentment & refferred himselfe to y^ bench 
— is sentenced to pay to his maj* a fine of 3' in mony & charges in 
the procecution: & Stand comitted untill it be p*^: w"'' was satis- 
fied to m' Usher the tress"" 

James Robenson of Great Island being indited for assalting & 
abusing John and ffrancis Russell fownd guilty by y Jury, is 
fined lo' in mony, and 8^ to s'^ Russell that procecuted w*'' ffees, 
W*' was forth with satisfyed : 

Hannah Jones of Create Island for striking & beating Jer: 
Jones not found Guilty by the Jury is discharged: 

Nehemia partridge & Jacob Lavers both of portsm" came into 
Court & took the oath for searchers & Sealers of Leather. 

The Court appoynts as Clarkes to record berthes & deathes 
w*''in this prov. viz* for Hampton Hen: Dow Hamp* Jn° Evans 
Dov Edw : Smith Excef^ E : stileman portsm° 

The Court receiving informac'on that Nath: Hill of Oistcr 
River had abused Bartholomew Stevensons as by witness doth 
appeare. Sentence him to pay a fine of 2« 4^ & ffees w*** 12' for 
the prosecution cost to s'' Stevenson the Inditem* put on tile 



NEW HAMPSHIRE COURT RECORDS 4OI 

Bartholomew Stevenson of Oister River appearing before 
this Court upon y" compl' of Nathainel of oister afores'^ Con- 
stable for abusing of him both by words & blowes as is proved by 
sundry witnesses upon oath, also for contempt of authority & 
Swearing, all w*'' is owned by him, Submits himself to y Court, 
Sentence him to pay a fine of 40 shill in mony to y tres"" to s'^ 
Hill y* ^cecuted 26« & fees & give bond to be of the good behav 
& appeare at next sessions for this Evince, y Court takes his 
own bond. 

June y 7'^ 1687 

Bartholomew Stevens of Oisf River being to appear at the 
next sessions which was to set & accordingly appeared proclama- 
tion being made & none came in ag' him is cleared by proclama- 
tion 

Octob' y« 8 1686 

Nicholas Badcock convicted by the oath of Ann Cole & other 
evidences to be the father of a bastard male child begotten on y= 
body of y s'^ Ann Cole & now Living, The Court ord" the s<^ 
Nicholas Badcock to pay 2^ 6'^ weekly to y" select men of y" towne 
of portsm" towards y*^ maintenance of y^ s^ child till this Court 
takes further ord"" therein & to give security for the same to y^ 
contentm* of y" Select men, & in y meane time to be of y^ good 
behavior & the s^ Badcock is to pay the charges of his prosecu- 
tion & to stand comitted till he performe this sentence. 

Ann Cole as above ordered to be stript from y wast upwards 
& publiquely whipd in y towne of portsm"" 15 Lashes on her 
naked body or pay 30^ in mony as a fine or penalty for her s** 
offence & fees of this court, she p'^ her fine & fees. 

Hen: Dow of Hampton & Jn° pickering of portsm" admitted 
& Sworne Attorneys: & p^ theire entry 

The Court is adjourned to Majo"" Waldrons at DoV y 9**" 
Instant octob' 

At a sessions of y" peace holden by adjornm* at y" house of 
majo' Waldrons y*^ 9*'' octob: 1686 



402 NEW HAMPSHIRE COURT RECORDS 

p''sent The Hon^''' William Stoughton esq'' Judge Jn" Usher 
esq' Jn" Hinckes esq' of y Council peter Coffin Ric: Waldron 
Rob* Elliot Jn° Gerrish Tho: Graffort Jus: of y peace. 

Richard Otis of Dover being returned Constable by the towne 
of Dover for one whole yeare from y*^ 26**^ day of July 1686 & 
refuseing to take y" usuall oath of a Constable & to enter upon 
y* s'^ office as by Law he is oblieged, This Court doth ord' that 
y said Richard Otis to pay the sume of five pounds in mony to 
y^ Tress"" of this his Maj^ territory & dominion N — E: but to y 
use of his maj* & it is farther ordered y' y towne of Dover do 
proceed to elect a fit & able person to serve in y office of a 
Constable for y* s'* Towne. 

Robert Burnham pleading guiltie to an Inditem' preferred 
aga* him in y^ name of the Kings Maj*'' prosecuted by Joseph 
Rayn of G* Island & for breach of prison The Court doth ord' 
the s** Rob* Burnham to pay a fine of live shills to his maj**' 
& 2^ 6*^ Charges of prosecution, w"** y s^' Burnham then p'' 
accordingly & was discharg'^ by proclamation 

Upon hearing the compl* of m' John pike minister of Dover in 
y^ presence of y" select men of y same towne relating to his 
arreages of Salary due from the s^ towne for his service in y 
minestry there In y yeares 1684 & 1685 This Court doth ord' that 
the matters relating to y s'^ arreages be & are recom'ended hereby 
to y care of y s*^ select men who are empowered by a town rate 
to raise so much on y s^ Inhabitants of Dover aforesaid as shall 
enable them to pay & make good the s*^ arrearges to y^ s'^ m' pike 

This Court having received informac'on that the prison in 
great Island in his maj"^^ prov. of N — Hampsh: is very much 
decayed & out of repaire & unfitting either to entertaine or Se- 
cure any ^son com'itted thither, This Court doth ord"" that 
m' Elliot m' Coffin m' Wadleigh m' Greene m"" Vaughan m' 
Hull & m' pickering or any foure of them be a com'itte to veiw 
and enquire into y^ insoficencie of the said prison on Gr* Island 
as afores'* & make a report w* charge wilbe needfull for y 
present repaire of y" s'* prison to y Judge and Councell at theire 
returne from yorke. 



NEW HAMPSHIRE COURT RECORDS 4O3 

The prison keeper for the time being is allowed five pounds 
^ anim 

The petition of Thomas goss brought into Court & read w^'' 
theire Answ' put on file 

This Court receiving Informac'on that one Dennis Obrian 
now in costody for fellony had been employed by scvcrall of this 
Neighborhood to Lay out their monys in severall goods at boston 
& w"*" goods or part of them were taken in his costody at his 
apprehension w'''' were com'itted to his care for transportation 
from boston aforesaid This Court doth order that y Justices of 
y peace dwelling in y^ towne of portsm" are hereby empowred to 
examin into y s'' matter & to ord"" y^ returne of any such goods 
to y owners thereof & y remainder of such other goods as were 
found in his y"^ s'^ Brians possession to gether w*** y*' goods he y^ 
s'^ Brian confessed to have stolen from m"^ Ben : Alford be forth- 
with sent to Jn'' Usher esq' tressu' of this his maj''«* terretory & 
Domynion of New — England. 

Acco* of goods put on bord Benja. Backworth by Dennis 
Obrian at boston w^ properly did belong unto David Davis to 
be delivered to him at piscattaq : 

To one bag of Cotten wooll con* 60' not allowed by y^ 
Court 

To acco' of Joseph Kent ord""*^ to be deliv' 

I bag Cotten wooll con* aboute no pounds 
12 pewter platters 
18 porrengers 
I pewter bason 
I pewter tankard 
I Iron Kettle 
I brass skillett 
I bridle saddle 
& sad : cloth 
To Robert Watson 

15' cotten wooll — not allowed 

1 pewter quart pott \ ^„„^y ^^ be dd 

2 pewter porrengers 



allready deliv^ 



404 NEW HAMPSHIRE COURT RECORDS 

To Jn° Bickford oyster river sen"" 

3 pint pott of pewter \ ^j,^^, ^^ ^^ ^^ 



2 or 3 pewter porrengers 
Tho : Bickford a peece of stuff not allowed at p'sent 
To Steven Jones one curb bit bridell & white raines is allowed 
to be deliv^ 

A list of y" names of such as have Licence to Keepe publick 
houses & have p^. 

Cap* Sam' sherburne of Hampton 
Tho : Deamont of Isles Sholes 



Ric: wilcomb of ditto 

Edw: Gilman Exceter 

ffran: Mercer portsm" 

Jn° partridge of ditto 

James Smith oysf R: 

Jos: Beard Dover 

Char: Gleden execet' 

Jn° Johnson portsm" 

Edw: Carter of ditto 

Hen Crowne of ditto 

Josh: purmut of ditto 

Jn° young of excef 

Edw: Bickford portsm° 

Abra. Spiller Kittery 
Retailers out of doors 

Jn° ffabes maj' Waldron 

Wid. Hodey m"" Coffin 

Tho: Harvy Cap* Gerrish 

m^ Hinckes W"" partridg 

m' Elliot Math:Estis 

cap* Barefoote cap* Stileman 

R: Waldron wid ffurber 

m"" Vaughan wid Codner one hh** 

m' Grafort wid : Joce 

m"" Hull m"^ Edw Hilton of Exeter 



NEW HAMPSHIRE COURT RECORDS 4O5 

New — Hampshire 
At a Sessions of y peace & Court of pleas held in portsm" the 
first Tuesday in June 1687 being y y^^ day of s'' month 

present cap*^ Barefoot esq"" Judge Rob* Mason Rob* Elliot 
peter Coffin Hen: Green Tho: Graforth Ric: Waldron Jn" 
Gerrish Esq" 

The Grand Jury 

Obadia Morss forem Byle Dudley 

James Robenson Sam" Levit 

Tho: Jackson sen' Rob* Smart sen' 

Nath: Drake Abra: Drake 

John Dam Jun' Nath: Bachelor 

Tho: Roberts sen' Jn° Moulton 

Job Clemonts all Sworn: 

Jury of Tryalls 

Jn° Cutt foreman Jos: Beard 

John Dennet Jos: Canny 

Geo: Wollis James Nute 

W™ Sevey W™ Moore 

Mathias Haynes Jn° Wodleigh 

John Gotten Jn*' Redman Jun' 
All Sworn 

Ezekiel Wentworth & Nath" ffolsham being returned to serve 
on the Jury of Trialls not appearing being 3 times called The 
Court fines y™ a marke a peece 

Court appoynts Justice Wodleigh forth with Som'ons Theoph- 
ilus Dudley & Levit of Exeter before him & give them the oath of 
Constables for s'^ Exet' 

Thomas Grafort Esq' p' against Henry Mayne of Isles of 
sholes defend* withdrawen: 

W"" Ardel of Boston m'ch* p" ag* Dainel Ela of Haverel def* 
according to attachm* Jury finds for y pla* 6' io« damages & 
cost court 



4o6 



NEW HAMPSHIRE COURT RECORDS 



W" Ardel p^ aga' peter Goring def* withdrawen: 

Abraham Lewis of Greenland p' ag* Jn° partridge of portsm° 
vintner defen* Jury finds for the defend* cost lo^ 6"^ 

Joseph Reyn of Gr' Island m'"ch* p' Hen: Crowne of ditto Isla. 
defend* in a plea according to bill putt on file. Jury finds for y* 
plan* 5' curr* money of N — E: & i ' damages & cost of Court i • 
ii« 8'' in all 7' ir 8^ 

W™ Gotten of portsm° p' aga* Jn° Bowman def* Squire Mason 
put a bar upon this acc'on that it proceeded not, y Court re- 
turned Y" p' his mony aga* at his request 

Hen: Crowne attaching Jos: Reyn to this Court & not entring 
his acc'on the Court allows s'^ Reyn his cost viz I2^ 6^* 



At a Council! held at boston within the Colony of the Massa- 
chusetts bay in New — England febuary 28*'' 1689 — 
Present Simon Bradstreet Esquire governor 
wait winthrop ^ thomas Danforth ^ 

James Russell John Richards | 

william Johnson I ^ ^^ Elisha hutcheson ^ Esq' 

Samuel Sewall samuel shrimton 

John Phillips Jonathan Corwin 

Jer: Swaine 
upon Reading a petition this day presented by m*" william 
Vaughan and Captin John Pickerin of Portsm.outh in Newhamp- 
shire under the hands of severall hundreds of the principal 
gentlemen and Inhabitants of s'^ hampshir seting fforth the dis- 
tress of the people in those townes, being distitute of power j 
sufificant to put themselves into a posture of defenc against the | 
Com 'on Enemy and Liable to destruction by them, suppli-j 
eating for goverment and protecktion as formerly untill thein 
majestys plesure shal be known Concering them, obligeing themi 
selves therein to a dew submition unto this goverment, andl 
payment of an Equall proportion according to there Capacityi 
of the Charg that shall arise for defence of the Contry against 



NEW HAMPSHIRE COURT RECORDS 407 

the Comon Enimy — praying also that persons may be Com'is- 
sionated to take the Com'and of the militia there 

Considering the absolut necessity and dewty of Intending the 
preservation of their majesties Intrust and securing their sub- 
jects in those parts the govener and Councill do hereby declare 
their rediness to give all protection and Assistanc as thay are 
Capable to their majestis subjects Inhabeting those townes for 
the preservation of the peace and Comon safety of the whole 
untill their majes'^* plesure be known Concering them, thay 
being subject unto the orders and directtions of this goverment 
and Contrebuting proportionably to the Charge of the ware 
against the Comon Enemy and shall present their motion unto 
the generall Court at their next session for further Consideration 
and do approve of the nomination by them made of m' william 
vaughan m' Richard martin and m"" Nathaniel ffryer to be 
magestrate within the presincts of said new hampshir as also of 
the severall Com'ition offecers presented, namly m'^ Nathaniel 
fTrier for Captin Thomas Cobit for Lif* and sidrack walton for 
Ensigne of the military Company on great Hand Walter Neale 
for Captin John Pickerin for Lef tenant and tobyas Langdon for 
Ensigne of the millitary Company at the bank in Portsmouth, 
samuel sherborn for Captain of the military Company in hamp- 
toun — and Recom'end unto their Care the well ordering and 
disposing of the militia and forte fi cations into the most sutable 
postuer for their majes*'<"^ servds and the defence of the plac, 
Lickwise to direct that the Inhabetants of the severall towns be 
forthwith Called together and make Choice of select men Con- 
stables and other town offecers according to their former usage 
and Custom, m"^ william vaughan to grant out his warant to som 
sutable person in Each towne to warn a meting for that End and 
whare any military Company are destetute of Com'ition offesers 
or offecer to nomenat fit persons to fill up such vacancy that there 
may a full supply m' vaughan having taken the oath of alle- 
giance to their mags"^ King william and quene mary & the oath 



408 NEW HAMPSHIRE COURT RECORDS 

of a magestrat: is impowered to adminster the sd oaths unto 
m' Richard martin & m' Nathaniel ffrier who are allso nominated 
and approved to be magistrats in Newhampshir afore said 
by order of the Councill Is* Addington Sec'*' 

Record according to the origenall this 15'*" of aprill 1690 by 

John pickerin Recorder 

At the generall Court of the Colony of the massachusetts Bay 
in New england siting in Charlstown by Adjornment 12*'' of 
march 1689 — 

upon Reading and perusal of an act of the honrable govener 
and Councill dated the 28'^'' day of febuary Last past in Answer 
to the petetion of the prensapal gentlemen & Inhabetants of 
Newhampshir for protecktion and government from this Colony 
as formerly untill their mags*'^ pleasuer shal bee known Con- 
ceving them, and the com'issionating of offecers to take the 
Com'and of the militia there — 

this Court do hereby manifest their consent and approbation 
of the Saied Act of the govener and Councill in that behalff and 
doo further Consent that their mags"^ subjects of said New- 
hampshir be fully taken under the protection and Care of this 
goverment upon the same Conditions in all Respects with the 
Inhabetants of this Colony and m"" william vaughan m' Richard 
martin m' Nathaniel ffrier m"^ John Gerish and m' Robert 
wadlee sen"" nomenated for Justices of peace in saied province 
are approved of, and m' samuell penhalo for treasuer and m' 
John pickerin for Recorder william vaughan Esq"" to be magor 
and the severall other military Com'ission offecers presented by 
the severall towns in said province and to be Comitionated 
accordingly 

att: Is" Addington Sec''' 

Entred and Recorded according to the origanall the 17^'' day of 
April 1690 — 

by John pickerin Recorder 






NEW HAMPSHIRE COURT RECORDS 4O9 

At a genrall Court for their mags'' Colony of the massa- 
chusetts Bay holden in Bostoun may 20''' 1691 — 

for y" putting the forte on great Hand in some posture of 
defenc to prevent a surprize by a suden Invation — 

Ordred that the Comittee of militia of the province of New- 
hampshir doe take speedy care for the nesesary Reparation of 
said fort, & that the powder mony & Impost of that place be 
drawn out of the Colecters hands by order of said Com'ittee, & 
Improved for a supply of Ammunition & other nesesaries as 
formerly, & that the major of y^ Rigiment within that province 
detach out of the respective townes a preportion number of men 
with armes ammanition and provition not Exseeding six, con- 
stantly to attend their magst^ servis in that fort, & to be Assist- 
ant in their reparing thereof: & the major with the Advice of 
the Comittee to Exchainge or releive as offten as he sees Caus, & 
this to Continue untell this Court or the govener & Council shall 
take farther order 

A true Copy Exam^ Is'' Addington Secry 

the above is a trew Copy of the originall Copy from under m' 
Addingtons hand entred and Recorded as above this 4*** of June 
1691 

John pickerin Recorder 

August the 11'^ 1690 
present major william vaughan m"" Rich : martin 
granted adminestration unto kinslee hall too the Estate of his 
brother samuel hall deceased & injoyned him to give in bond 
tto the next Court of trials held in this province of Newhamp- 
shir that hee adminester according to Law hee haveing given 
in an Inventory thereof & made oath there too & to bring 
in what more of his saied brothers Estate shall com to his 
knolidge to be aded as by his oath at the foot of the Inventory 
put on file 

John pickerin Recorder 



4IO NEW HAMPSHIRE COURT RECORDS 

november the 14*^ 1690 

present magor vaughan m'^ Rich : martin 

granted power of Adminestration unto Zakry ffeld to the 
Estate of his brother Joseph ffeld deceased & injoyned him to 
bring In A trew Inventory of sd brothers Estat within on month 
from the date hereof & that hee doe Admenster according to 
Law for his so doeing him silveff & samuell burnam stands bound 
in a bond of on hundred pounds to the treshuer of thes province, 
allso that hee make his Adres to the next Court held in the s'^ 
province for a settelment of s*^ Estat 

John pickerin Recorder 

november the 17th 1690 

present magor vaughan & m^ martyn 

granted power of Adminestration to mary the Relict of 
Joseph Canny (to saied Canny Estate) & shee brought In an 
Inventory & made oath to the same, & that when more of s'' 
Estat comes to hur knolidge shee will bring itt in to be aded 
thereto — Edward Allen & thomas tibbets stands bound to the 
tresuer of the province in the some of 400' that s^ mary shall 
Adminster according to Law, & make hur adres to the next 
county Court that shall bee held in the provence for a settelment 
thereof the Inventory put one file 

John pickerin Recorder 

portsm° november ly^^ 1690 

present magor vaughan & m' martyn 

power of Adminestration granted to the wedoe Elizabeth 
ffollet to the Estat of hur decesed husband (william follet) cS: 
Injoyned hur to make hur Adres to y" next County Court held 
in the province for a settlement of s'^ Estat, & s^ wedoe & 
samuell drew stands bound in a bond of seven hundred pounds 
starlin to the tresuer of this province that s"* wedoe shall observe 
the Lawes in hur Adminestration & Addres hur self to the afore 



NEW HAMPSHIRE COURT RECORDS 4II 

s« Court for settelment of s<^ Estat: shee having brought in an 
Inventory made oath thereto which is on file — 

John pickerin Recorder 

Aprill the 3-' 1691 — 

present magor vaughan & Cap» ffrier 

power of Adminestration granted unto m^ Richard martyn 
to the Estat of his deseced son Richard martin & Injoyned him 
to bring In a trew Inventory of his deseced sons Estat to the 
next Court to be held in this province & binds him selff in thirty 
pounds bond to the treasuerer of the province to Adminester 
according to Law 

John pickerin Recorder 

portsm" the 8'^ of Aprill 1691 

present major vaughan m^" Rich: martyn 

power of Adminestration is granted unto Richard Jackson to 
the Estat of his son thomas Jackson desesed: & hee brought in 
an Inventory amounting to 6 pounds 7 shilens 5 penc & made 
oath thereto & that when more of his s'' sons Estat did Com to 
his knolidg hee would bring it in to be Aded allso him selff & 
John pickerin seen^ stand bound in a bond of ten pounds to 
the tresuer of the province for his adminestering according to 
Law — 

John pickerin Recorder 

June the 6'*> 1691 

present major vaughan m^ Rich: martyn 

power of Adminestration granted unto John Doe to the Estat 
of Necolas Doe deseced (father to s'^ John doe) & Richard Clark 
John bennet and s'^ John doe acknolidg them selves to stand 
bound to the tresuer of this province in a bond of on hundred 
pounds that sd doe shall adminester according to Law: hee 
haveing this day given In an Inventory of his s^ ffathers Estat 



412 NEW HAMPSHIRE COURT RECORDS 

& made oath thereunto also that when more should com to his 
knolidg hee will bring it in to be aded the s^ Inventory Remains 
on file in the Records 

John pickerin Record' 

portsm" the 28*** of October 1691 

present major vaughan m' Rich: martyn 

power of Adminestration granted unto Love sherborn to the 
Estat of hur deseced husband Cap* samuel sherborn & Injoyn 
hur to bring in an Inventory of hur s'^ husbands Estat, m"" m.ark 
hunkins & John pickerin acknolidged them selffs to stand bound 
to the tresuer of this province with s'^ Love sherborn in a bond of 
on hundred pounds for s'' Adminestratrix Adminestring according 
to Law — 

John pickerin Record"^ 

portsm" y 28*** of October 1691 
present major vaughan m"^ Rich : martyn 
mistris Love sherborn brought in an Inventory of hur deseced 
husbands Estate & made oath thereto, & that when more of hur 
s'^ husbands Estat shall Com to hur knoledge shee will bring it in 
to be added s<* Inventory is on file with the Records 

John pickerin Record ■■ 

portsm" the 15*** of march 169 1-2 
present major will: vaughan m^^ Richard martyn who have 
magestrattecall power 

power of Administration granted martha wackom to the Estat 
of John wakam hur deseced husband & shee brought in an In- 
ventory of his Estate & made oath thereto, & that when more 
of hur s'^ husbands Estat should Com to hur knolidg shee would 
bring it in to be Aded which s'^ Inventory is put on file in y* 
Records of this province 

John pickerin Recorder 



NEW HAMPSHIRE COURT RECORDS 413 

portsm° the 8*** of Jan 1692 

present major vaughan m' Rich : martyn 

whereas Edward Cowel is deseced & Left an Estate behind him 
in the town above s'^ m' Nathaniel Ayrs (his now wiff Amee sister 
to y^ above deseced Ed: Cowel) desirein adminestration to s^ 
Estat in behalf of his s"^ wiff power of adminestration is granted 
unto s'^ Aires in behalfif of his said wiff to s*' Cowels estate : & s^ 
Ayres acknoledgeth him selff to stand bound unto the tresuer of 
the province in one hundred & fiffty pounds starling to Ad- 
minister according to Law, & to bring in a trew Inventory of 
said Estat to the next Court held in this province: & to attend 
y^ s** Courts order for a settlement thereof 

John pickerin Record' 

portsm° the 30*'" of march 1692 

present major vaughan m' Rich : martyn 

whereas Jonathan thing & moses Levet hath produced a will 
of Edward gilmans of Exseter deseced : for want of an Executor 
nomenated in s"^ will power of Adminestration granted to y« 
above s^ persons to the Estatt of Edward gillman deseced, & 
Injoyned them to bring in a trew Inventory of s^ Estat to y^ next 
Court held in this provinc that hath power to Reseve the same 
for the trew performanc hereof & that the above s*^ persons shall 
adminester according to Law, they the s*^ Johnathan thing moses 
Levet together with bilee dudly & John folsham acknolidg them 
selves to stand bound in a bond of eight hundred pounds to the 
tresuer of this province for the trew performanc of all above s^^ 

[Court Papers, vol. i, p. 17.] 

At a Commission Court held In Portsmouth the 8°: 9° m° 1659 
Cap* pendleton m' Hen : sherburn Elias Stileman Comisso" 
George Walton pi: aga* Allexsand' Jones defen* In an acc'on 

of Review of a Case tried in 1656 aboute a peece of marsh or 

meadow ground :/ 

The Court finds for the defend* the marsh in difference soe 



414 NEW HAMPSHIRE COURT RECORDS 

much & soe far as may properly be termed salt marsh & io« 3' 
Cost of Court The p* appeales from this sentence 

This is a true Copie taken out of the Com'ission Court Rec- 
ords: as Attests Elias Stileman Com'iss^ 

George Walton hath Libertie of entering bond for his appeale 
untill Saterday next at noone In his acc'on ag* AUexsand^ Jones. 

George Walton Appealling from the sentence of this Court in 
an acc'on of review of a Case about a^cell of marsh In difference 
betweene him & Allexsand^ Jones, The s^ George Walton doth 
acknowledg him selfe to stand indebted to this Court In y« Just 
sum of ten pownds, The Condic'on of this obligac'on is such that 
the sd George Walton shall prosecute his Appeale at the next 
Court for this Countie held at Portsmouth to effect & soe from 
Court to Court untill the Cause be ended In witness whereof 
he hath here unto put his hand the 12° Nov' 1659 

George Walton 

This a true Coppie as Attests Elias Stileman Comiss^ 

[Court Papers, vol. i, p. 61.] 

At a Commission Court held In Portsmouth the 3^ of Septemb' 

1660 , c A U4. 

Walt' Abbut p* aga* Jn" Pickering def* m an ace on ot debt 

of 71 i2« 6^^ by booke with due damages:/ 

wee find for the p» 6' 4^ damages & Cost of Court io» 3' 
veria Copia as attests Elias Stilema' Comisson' 

Jn° Pickering appeales from this sentence to y« next Countie 

Court for Dover & Portsmouth, & Jn" Pickering & Phillip Lewis 

binds themselves in 121 bonds to prosecute the appeale to effect 
veria Copia taken out of the Com'ission Court Records the 18° 

June 1661 as attests Elias Stileman Com'isson' 

fTeb: 23: 1657 Jn» Pickering deb' to water Abbutt y« sum of 

03: 12:07 

feb: 23°: 1657 Jn° Pickering Creditor 01 : 11 : 00 

this is a true Coppie taken out of the Court records 18 June 

j^^j ^ Elias Stileman Com'is' 



COURT RECORDS 
IN 

New Hampshire 

Province Deeds 

Vol. 5 

1676-1679 



NEW HAMPSHIRE COURT 
RECORDS 



At a meeting of y" Comis" of Dov & portsm" 29 march 1676 
p'sent maj' Waldren m' Ric: Martyn Elias Stileman 
Granted unto W"* ffollet Ric: Gates W°» Williams sen' W" 
Williams Jun' & James Bunker administrac'on to the estate of 
W"" Roberts deceased & enjoyne y" to bring in an Inventory of 
his estate unto y« next County Court at portsm° there to be 
settled according to Law : 

At a meeting of y" Commis" for DoV & portsm*' 28*'' march 
1677 

maj' Waldren m' Martyn Elias Stileman 

Granted unto W" Deamont administrac'on to y« estate of 
Mathew Martyn deceased he given security to administ' ac- 
cording to Law & bring a true Inventory of y« estate unto y« 
next County Court to be held. . . . W"* Deamont acknowledged 
himselfe bownd unto the treas of this County or his successors in 
y* sume of 50' to ^ forme this ord' 

At a meeting of y" Com'is" for Dov & portsm'' 23° June 1677 

Maj' Waldren m' Martyn Elias Stileman 

Granted unto Cap* Tho : Daniel And Agnis Moore y^ relict of 
Jn° Moore deceasd administrac'on to s"^ Moores estate, & bind 
y™ in a bond of 400' to administer according to Law & to bring 
in an Inventory of y^ s** estate unto y^ next County Court ad- 
journ* in octob' next at Dover to be settled: 

at y" same time Granted unto Henry putt administrac'on to 
y« estate of Robert Monson of Isles of Shoales deceased, And 
s"* Hen putt & Rog' Kelley bind themselves in a bond of 40* that 
s** putt shall adminis' according to Law 



41 8 NEW HAMPSHIRE COURT RECORDS 

Also Granted unto Jn° Woodman & Steven Jones adminis- 
trac'on to y^ estate of Teague Ryall deceased & ord"" them to 
bring in an Inventory of y^ estate unto the next adjournm* of y« 
County Court in Dov Last of octob. next 

Granted at y^ same time unto Sarah Canny y^ relict of Tho: 
Canny deceased administrac'on to y^ estate of s"^ Canny & en- 
joyne her to bring in a true Inventory of y® estate to y« County 
Courts adjournm* held in Dover the Last wensday in octob' 
next to be settled : 

Granted also unto peter Shaw administrac'on unto y^ estate of 
Hector Demashaw a frenchman deceased on Isles of shoales, 
And m' Nath: ffryer & s^ shaw stand bownd in a bond of 20' 
that s** shaw adminis' according to Law & bring in a true Inven- 
tory of y« estate to y« adjournm* of y« County Court to be holden 
at Dover y« last wensday in Octob' next. 

At a meeting of y« Comis'" of Dov & portsm° y« i* aug* 1677 
p'sent Maj' Waldren m' Martyn Elias Stileman 
Granted unto Agnis Kennestone y« relict of Jn* Kennestone 
deceased adminis'con to his estate & enjoyne her to bring in a 
true Inventory thereof unto y« next County Courts adjournment 
held in Dover y* Last wensday in octob. next to be settled 

March y« 2'^ 1677-8 

M' Ric: Martyn Elias Stileman comis'* 

Granted Administrac'on unto Ric: wilcomb of Isles of shoales 
to y* estate of Richard Boyes Lost at sea in y Late Storme he 
giving bond to Administ' according to Law & bring in a true 
Inventory thereof to y« next Countie Court at portsm° then to 
be setled. 

Granted unto Rich: Wilcomb Administrac'on to y estate of 
Richard Hill lost at sea in y« Late storme he giving bond to 
Administer accord to Law and bring in to y" next County Court 
held in portsm" a true Inventory of the estate to be setled. 



NEW HAMPSHIRE COURT RECORDS 4I9 

Granted unto Richard Wilcomb Administrac'on to y estate of 
Noah Gresham Lost at sea in y Late Storme he giving bond 
to Administ^ according to Law & bring in a true Inventory of 
y^ estate to y^ next County Court held In portsm° to be setled. 

March 5^^ 77-8 
p'sent maj' Waldren m' Martyn EHas S'leman 
Granted unto Judeth Broad y^ Relict of W"" Broad Lost at 
sea in y Late storme in the behalfe of her selfe & his children 
Administracon to his estate she giving bond to Administer 
According to Law, & bring in a true Inventory of y" estate unto 
y« next County Court held in portsm" to be settled : 

R M ES Maris*'' 77-78 
Granted unto Edward Holland Administrac'on to y'' estate of 
his Bro' Rog' Holland who was Lost in y« Late Storme, he giv- 
ing bond to administer according to Law and bring in an Inven- 
tory to y next County Court at portsm" to be setled: 

R M E S 15 mar: 1677-8 

Granted unto Hen : Maine administrac'on to y« estate of Henry 
Light Lost in y" Late Storme he giving bond to administer ac- 
cording to Law & bring in an Inventory of y* s^ estate to y* next 
County Court at portsm" to be setled : 

Granted unto Henry Mayne administrac'on to y« estate of 
Edward perryman Lost in y« Late storme at sea he giving bond 
to administer according to Law & bring into the next County 
Court held at portsm° an Inventory of y^ estate to be settled : 

At a meeting y 14*'' June 1678 

p'sent m' Martyn Elias Stileman 

Granted Administrac'on unto m' Robert Ellet to y^ estate of 
Richard Harvey deceased & enjoyn him to bring in an Inventory 
of y^ s'^ estate to y^ next County Court to be setled. 



420 NEW HAMPSHIRE COURT RECORDS 

Sep* y 24**^ 1678 

p'snt Maj' waldren Elias Stileman 

whereas y has none administred Legally to y« estate of Joseph 
Atkeson deceased whereby y^ estate is Like to be Imbezled & his 
children & Creditors wronged, wee grant administrac'on to s'* 
estate unto phillip Lewis & L* Neale & ord' y™ to secure y^ estate 
for his children & Creditors untill y^ next County Court at Dov 
or portsm° & bring in a true Inventory thereof for the settlem* of 
y« same. 

Sep* y« 24*^ 1678 

p'nt Maj'' waldren m' Martyn Elias Stileman 

Granted unto Elizabeth phillips relict of Israel phillips de- 
ceased Adminis'ac'on to y^ estate of s^ Israel phillips & enjoyne 
her to bring in a true Inventory of his estate unto y« Next County 
Court held at Dov or portsm° 

Granted unto m" Cleare Harvey & m' Benjamin Doel [Dole] 
in behalfe of his wife Eliza: Doel daughter to Joakim Harvey 
deceased Administrac'on to s'^ Joakim Harveys estate & enjoyne 
him to bring in an Inventory of s^ Jo: Harveys estate to y^ Next 
County Court held in Dover or portsm° 

Octob. y« g^^ 1678 
p'sent m' Martyn Elias Stileman 

Granted Administration unto James Leach to y^ estate of 
Henry Mansfield his son in Law deceased 

Nov: 14 1678 

m' Ric: Martyn Elias Stileman com" 

Granted unto Antony Libbey Administracon to y« estate of his 
bro' James Libbey deceased he bringing in a true Inventory of y« 
estate to the next County Court held in Dover. 

31 Decemb, 1678 
Maj' Waldron m' Martyn Elias Stileman 
Granted to Elizabeth Gotten Jn° Gotten & W"" Gotten ad- 
ministrac'on to y" estate of W™ Gotten deceased & enjoyne 



NEW HAMPSHIRE COURT RECORDS 421 

them to bring in a true Inventory of y° estate to y« next Countie 
Court held at Dover in June next y* y estate may be setled 

30 Sep* 1679 

maj"^ Waldren m' Martyn Elias Stileman 

granted to m" Magret Tucker administrac'on upon the estate 
of m' Ric: Tucker who brought in to y^ court of Associates held 
in Portsmouth an Inventory & is on file there — the Comm" 
Leave the estate in her hand till the County court take further 
ord'. 



COURT RECORDS 

IN 

NEW Hampshire 
Province Deeds 

Vol. A 

1673-168 1 



NEW HAMPSHIRE COURT 
RECORDS 



on The 29*^ 3 mo 1673 

Abraham Chase makeing a bould Attempt when the Com'is- 
sin" wear satt In the meeting House Hee fireing of a pistol in att 
the window and burnt a Hole in the Collers and broke Downe 
some of the Glasse wherby some of those thatt stood wear in 
danger, and being Called before wee the Day above written 
owned the same I have Adjudged Him to pay a fine of five 
Shillings & the Cost which is three shillings & six pence 

^ mee Samuell Dalton Com'issn' 

11:4 mo Humphrie wilson being Chosen Constable for the 
Towne of Exetur Had y^ Constabls oath Adminestr to him befor 
mee Sam'' Daton Com'issn' 

12: 4 mo Andrew Grely Jun' and Sarah browne wear Joyned 
in mariag before mee Samuell Dalton Com'issn' 

8 mo William More & Mary Veasey wear Joyned in mariag 
Before mee Sam'' Dalton Com'issn' 

15: 10 mo William walles and Jane Drake wear Joyned in 
mariag Befor mee Sam" Dalton Com'issn' 

18: 12 mo*'' Isaack Green & mary Casse weare Joyned in 
mariag Befor mee Sam" Dalton Com'issn' 

1674 10: 2 mo**" william Houldredg Jun' of Exetur & Lidia 
Quenby of Amesbury wear Joyned in mariag Befor mee 

Sam" Dalton Com'issn' 

25 : 4 mo Joel Judkin & mary Bean both of Exetur wear Joyned 
in marriage Before mee Sam" Dalton Com'issn' 

24: 6 mo 1674 John Allin & Mary Andrews both of Salisburie 
wear Joyned in marriag Befor mee 

Samuell Dalton Com'issn' 



426 NEW HAMPSHIRE COURT RECORDS 

25 : 7 mo 1674 Kensley Hall & Elizabeth Dudly both of Exetur 
wear Joyned in marriag Befor mee 

Samuell Dalton Com'issn' 
25: 7 mo 1674 Robert Smartt Jun' & Elnell pratly both of 
Exeter wear Joyned in marriag Befor mee 

Sam'' Dalton Com'issn' 
10: 10 mo 1674 Christian Dolhof & Sarah Scammon wear 
Joyned in mariag Befor mee Sam" Dalton Com'issn 

living att Exetur 

on the 7*^ of July 1673 

Ensigne John Sanborn & Moris Hobes p'sented Complaint 
against Abraham Chase upon suspetion of theft for Conveying 
a way of a load of Red oake Hogshead staves from of Hampton 
Com'ons near to the old Saw mill aboutt the first day of June 
last: after the Examination of such Evidence as wear ^dused 
in the Case which Remain on file, I have Adjudged thatt he sd 
Abraham Chase shall pay ten shillings to the Towne & the Cost 
of the Complaintt the bill of Cost Allowed is 14" 7*^ 

By mee Samuell Dalton Com'issn' 

on y« 13 of y« ninth mo 1673 
Elizabeth Garland widow & John Garland Her son plaintif 
ag* Ensigne John Samborn in y« behalfe of y« Towne of Hampton 
in the prosecution of their Replevin served upon about two 
thousand of whitt & Red oak staves which wear seazed upon by 
the sd Ensigne John Samborn in the behalfe of the Towne of 
Hampton att the landing place by william fifullers land : Elizabeth 
Garland Appeared before mee upon y« 11 9 mo 1673 & Declared 
y* she had appointed Henry Roby for Her Attournie, After y^ 
Hearing of y" Case & parties Consernd and such Evidences as 
wear prodused on both sides w"'' Remaine on file, I Doe Adjudge 
thatt Elizabeth & John Garland shall Injoy their Staves y* wear 
Replevined by the Constable, butt in Regard y* the sd John & 
Elizabeth Garland Did nott attend y« Townes order to free y" 



NEW HAMPSHIRE COURT RECORDS 427 

staves from the Hands of those y* seazed them thatt they the sd 
John & Elizabeth shall bear the Cost of the ^sicution of their 
Replevin ^ mee Samuell Dalton Com'issn' 

on y^ 27 12 mo 1673 
Upon the Complaint of Samuel Leavett ag' Henery Sparkes for 
takeing a way of his Bridle from Goodman Robiee in a disorderly 
way and under suspetion of theft: upon the full Hearing of y' 
Case I Doe Adjudg y* Sam" Leavett shall In joy his bridle Ac- 
cording to the Evidence and y^ the sd Sparkes Shall pay five 
shillings Damag & all Cost and to stand Com'itted to the Con- 
stable untill itt bee payd or Secured Allowed in y*' bill of Cost 
17" 6<^ by mee Sam" Dalton Com'iss' 

on y 29 of y^ 9 mo 1673 
The widow Garland p'sented a Complaint ag* John Mason for 
Abuse offered to Heir son Jacob takeing him by the CoUor or 
neckcloth att y House of Hen Roby & Drawing him over the 
thrashould and smiting his Head against the Stones the sd John 
Mason owneing the same is Adjudged to pay the sd Jacob the 
some of ten shillings & Cost of y^ sd Complaint being 7« 6"* 

^ mee Sam" Dalton Com'issn' 
on y 29 9 mo 1673 Henery Robey being Convicted by the 
Testimony of Abraham Shepard & Jacob Shepard of Excessive 
Drinkeing upon the 8'*' Day of this p'sent month for which y« 
sd Henere Roby is Adjudged to pay three shillings & fower pence 
according to law & also Cost 

^ mee Samuel Dalton Com'iss 
7 May 1674 Samuell Leavett being Chosen Constable for the 
Towne of Exetur take y* oath for thatt ofice & Imploymentt 

Befor mee Sam" Dalton Com'iss' 

on the 23 of may 1674 
John Browne Juni' plaintif ag* nicolas Lissen Defendant in an 
Action of the Case for nott Satiesfieing of him for a Slead load 
of Hay which the sd Lissen Had of him att Exetur abott three or 



428 NEW HAMPSHIRE COURT RECORDS 

fouer years agone the which Hay was Delivered att the House of 
moses Gillman, and for all Due Damages: upon the Hearing of 
the Case & Examination of the Evidenc ^dused which Re- 
maine on file I have Adjudged for the plaintif fifteen shillings 
Damage and the Cost Sixteen shillings Allowed for Coste to bee 
payd as monie: Execution Granted outt y^ 25 may 1674 

^ mee Sam" Dalton Com'issinor 

Execution Returned 11 4**^ mo 1674 

John Kiming p'senting a Complaint ag* Charles Runlett for 
takeing a way of his fence and Giveing of him very Evill langaige 
therby putting him to Greatt trouble now in seed time as Doth 
appear upon the Examination of the Case. I have therefore 
Adjudged the sd Runlett to Have a legall Admonition, and to 
pay all Cost and Charge & to stand Com'itted untill itt bee 
payd or Secured John Young Ingageth to pay the Cost which is 
fourteen shillings & ten pence, which is to be payd within a 
month or Else Execution to Goe forth against the sd young or 
Runlett for the Cost which is to bee payd as monie — 

By mee Sam" Dalton Com'issin' 

Execution Granted out y« 16 8 mo 1674 

on the 2g*^ of June 1674 

Mary ffolsham sen' plaintif ag* Roger Rose Defendant in an 
Action of Debt of thirtie shillings in monie Due by promise for 
Diate and a Cure that she Did for his lad and for all Due Dam- 
ages: the Defendant Being three times Called att the Houre 
appointed and nott Appearing the Case p'ceeded to tryall and 
upon Examination of the Evidenc which Remaine on file I Have 
Given Judgmentt for the plaintif the Debtt sued for thirtie 
shillings in monie and Coste of the Action, ther being six shillings 
payd of the Debt as appears by the Evidenc the Cost Allowed is 
13* ic* By mee Samuell Dalton Com'issn'' 

15 mo 74 Execution Granted outt for 39* ic* with 2« for y" 
Execution 

Execution Returned y^ 14 6 mo 74 



NEW HAMPSHIRE COURT RECORDS 429 

30 9 mo 1674 John Smith Coop plaint ag* Abraham Drak sen' 
as marshall Defendant in an Action of Trespas upon the Case for 
takeing a way of a Hog of y® sd John Smiths from m' Husseys 
farme being shutt up in the old House thear, the which Hog is 
Judged to bee worth about thirtie shillings whereby the sd John 
Smith is much Damnified 

After the Evidenc ^dused & Red publickly I finde for the 
Defendant Cost of y" Action 

John Smith Appeals to the next County Courtt to be Held att 
Salisburie As Attests Sam" Dalton Com'issn' 

John Smith as principle and nathaniel Bachelder as suerty doe 
bind themselves their Heires Exequetors & Adminestrators 
Joyntly & Severally in the some of five pound unto y" Treasurer 
of Norfolke & partie Conserned on Condition y* John Smith 
shall ^sicutt his appeale from a Judgment Given against Him 
by Samuell Dalton Com'issin' for Cost of Courtt in a Case 
wherin he was plaintif against Abr Drake Defendant, the 30 9 
mo 1674 thatt the sd John Smith shall ^sicut his sd appeale to 
full Effect att the next County Courtt to bee Held att Salisburie. 
John Smith Coop & Nathaniel Bachelder owned this bond y° 
30 9 mo 1674 Befor me Samuell Dalton Com'issin' 

Sargentt Moses Gillman being Chosen Constable for the 
Towne of Exitur tooke his oath for thatt office upon y^ 3^ of 
Apriel 1675 Before mee Sam" Dalton Com'issn' 

31 of may 1675 John Gillman Juni' & Grace Yorke both of 
Exetur were Joyned in mariag before mee 

Sam" Dalton Com'issin' 
10 of June 1675 Thomas Philbrick sen' being Chosen Clarke of 
the trained band in Hampton tooke his oath According to y« 
law Before mee Samuel Dalton Com'issn 

10 of y^ 9*^ mo 75 John ffoulsham Jn' and Abigail perkins wear 
Joyned in marriage Befor mee Samuell Dalton Com'iss' 

10'^ II mo 1675 Charles Runlett & mary Smith widow both of 
Exetur wear Joyned in marriage Befor mee 

Sam" Dalton Com 



430 NEW HAMPSHIRE COURT RECORDS 

on the 8**^ 4 mo 1675 

Isabel Towle y^ wife of phillip Towle of Hampton & Her son 
Caleb Being Convicted Befor mee for Rescueing of a mare from 
Godfrey Dearborn when hee was Goeing to y^ pound with Her, 
Being upon the first day of this month I Have Adjudged the sd 
Isabel Towle to pay a fine of fortie shillings and all Costs or to 
sufifer as the law Requireth in thatt Case: phillip Towle Sen' 
in the Behalfe of His wife Appeals to the next County Courtt to 
bee Held att Hampton 

phillip Towle Sen' Doth Bind Himselfe His Heires Executors 
and Administrators in the some of five pound unto the Treasurer 
of norfolke, on Condition y* Isabell His wife and his son Caleb 
shall appear att the next County Courtt to bee Held att Hamp- 
ton, and y*^ he the sd phillip in the behalfe of his wife shall ^cicutt 
his Appeale from the Judgment of m' Sam" Dal ton in which 
Judgmentt his wife & son wear Adjudged to pay a fine of fortie 
shilings or suffer according to Law for Rescueing of a mare y* 
was Goeing to pound: thatt hee shall ^cicutt his Appeal to Ef- 
fect according to the law of appeals and Abide the order of the 
Courtt therin & nott Departt without licence and y* his wife & 
two sons shall Be of good Behavior towards all ^sons in the 
mean time & abide y* order of the Courtt. phillip Towle sen' 
owned this Bond y^ 8 4 mo 1675 Befor mee 

Samuell Dalton Com'issin' 

20 10 mo 1674 Edward Gillman & Abigail Maverick Both of 
Exetur wear Joyned in Mariag 

Before mee Samuell Dalton Com'issn' 

30 10*'' mo 1674 Jonathan Haines of Newburie & Sarah Moul- 
ton of Hampton wear Joyned in marriag 

Before mee Samuell Dalton Com'issn' 

Sergentt moses Gillman Appeared Before mee & Gave In- 
formation of the Discovery of a Silver mine as he doth Judg itt to 
bee : the which mine hee Discovered by the Helpe and Direction 
of an Indian Called Ben Hunt away lying near to a pond Called 
Teg tuck wock according to the native Language, outt of which 



NEW HAMPSHIRE COURT RECORDS 43I 

Issueth a Small fresh River Runing through a flume of Stone 
towards the south west the sd Pond is Bounded with a Great 
Stony Hill towards the South west & a peece of medow towards 
the south East the which mine was by him Discovered as above 
sayd upon the Last Day of the tenth month Called December in 
the year of o^ Lord one thousand Six Hundred & Seaventy fower 
This Returne was Given in upon oath by Moses Gillman the 
gtb jjth jYio 1674 Before mee Samuell Dalton Com'issn' 

on y« 30'''' of September 1675 

1 m' Henery Dereing plaintif ag* m' Richard Scam'on De- 
fendant in an Action of Debtt for Eight shillings & two penc Due 
by Booke and for all Damages: Rich Scam'on Being three times 
Called by the marshall and nott appering y Som'ons Being 
Returned Cost is allowed to the plaintif lo" as ^ bill 

2 m' Henery Dereing plaintifag* Henery Magoon Defendant 
in an Action of Debtt for one pound Six shillings & fower pence 
Due by Booke Being the Remainder of His Accountt & for all 
Damages : This Action is with Drawne and y^ Entry mony abated 
to twelve pence 

on y« 26 8 mo 1675 
Henery magoon Acknowledged a Judgmentt to m' Henery 
Dereing of two and thirtie Shillings & Six penc Acknowledged 

Befor mee Sam" Dalton Com' 
mem y* Hen Magoon Charged a bill to m' Coffin to pay itt 

3 m"" Henry Dearing plaint ag* Croker Dannavan Defendant 
in an Action of Debtt for thirtie shillings Due by Booke the 
Remainder of His Accounts and for all Due Damages This 
Action is Adjorned to the last tuesday in October next 

on y« 26 8 mo 
The Defendantt & nicholas Lesson His Suertie being three 
times Called and neither of them Appering y^ Action Receded 
and after the Attachm* & Evidenc wear Red which Remaine on 



432 NEW HAMPSHIRE COURT RECORDS 

file I find for the plaintif one pound & ten shilling Debtt as by- 
Account and Cost of Courtt: thirteen shillings & six penc Al- 
lowed for Cost as by Bill 

4 m' Henery Dereing plaintif ag* Edward Colcord sen Defe in 
an Action of Debtt for twenty shillings Due upon Account Being 
the Remainder of twenty nine shillings & two penc Due by 
Booke and for all Damages this Action is Adjorned to y^ Last 
tuesday in October next & then Ishued by a Judgmentt Ac- 
knowledged 

5 m' Henry Dereing plaintif ag* moris Hobes Defendant in an 
Action of Debtt for fouerteen shillings & three pence This Action 
is with Drawn 

mem y* on y« 26 8 mo 1675 moris Hobes sen' promised to pay 
to m' Dereing twenty shillings & Seaven pence As a full Ishue 
of His Account & the Accountt of his Son James Hobes 

30 7 mo m"" Hen Dereing plaintif ag* James Hobbes Defendant 
this Action is with Drawne 

on y« 30 7*^ mo*'* 1675 

6 m' Henry Dereing plaintif against phillip Towl defend in an 
Action of Debtt for fower shillings & one peny Due by Booke 
being the Remainder of His Account & for Damag. This 
Action is Adjorned to y^ last tuesday in October 

on y« 26 8 mo 75 m' Dereing with draws his Action against 

phillip Towle 

on the 26 8 mo 1675 
Return Johnson Acknowledged a Judgmentt to m' Henry 

Dereing for the some of Eight & twenty shillings to bee payd in 

wheatt att five shillings the Bushiel 

Acknowledged Befor mee Sam" Dal ton Com 

Execution Granted the 3 10 mo 1675 & Returned 24: 11 : 75 
Edward Colcord sen' Acknowledged a Judgmentt to m' Henry 

Dereing of fortie shillings Debtt & Eight shillings and ten penc 

Cost to bee all payd as monie that is to say in merchentable 



NEW HAMPSHIRE COURT RECORDS 433 

whitt oak pipe staves to bee Delivered upon m' Dereings wharfe 
upon the Great Island in pascataqua att three pound a thousand 
this Judgmentt was Acknowledged by Ed Colcord sen' the 26 
8 mo*h 1675 

Befor mee Samuell Dalton Com'iss' 

on y« 26 8 mo 1675 
7 m' Henry Dereing plaintif ag* m' Richard Scam'on De- 
fendantt in an Action of Debtt for Eight shillings two pence Due 
by Booke and to bee payd in wheatt and for all Due Damage: 
m' Scam'on being three times Called and nott appearing the 
Action Receded to tryall and I find for the plaintiff Eight shil- 
lings and two penc Due to bee payd in wheatt and the Cost of the 
Action thirteen shillings & six penc Allowed for Cost 

^ mee Sam" Dalton Com'iss' 

on y« 30 march 1676 

moses Gillman plaintif ag* Richard Scam'on sen Defendant in 
an Action of y^ Case for Refuseing to Deliver to the sd Gillman 
His Gunn w"** He brought to the sd Scam'on to mend : the which 
Gunn was once benhuntaways y^ Indian, wherby the sd moses 
Gillman is much Damnified, after the Attachm* and Evidences 
were ^dused & openly Red, I Doe find for the plaintif the Gunn 
in Controvercy which was formerly Ben Huntt aways and Cost of 
y^ Courtt, and Doe therfore order thatt m"" Scam'on Doe forth 
with Deliver thatt Gun which was Ben Huntaways to moses 
Gillman or forty shillings Equivolentt to monie, and Cost of 
Courtt which is fiveteen shillings and ten pence 

By mee Samuell Dalton Com'issin' 

Execution Granted outt y« ii*** of April 76 and Returned y« 
24 of Apriel 1676 

1676 5 June John Acey of Rowly & Hannah Greene of Hamp- 
ton were Joyned in mariage Befor mee 

Samuell Dalton Com'iss' 



434 NEW HAMPSHIRE COURT RECORDS 

10*^ June 76 Ensigne John Samborn & Thomas philbrick tooke 
the Apprizers oath Befor mee Samuell Dalton Com'iss' 

10 June Thomas Nud being Chosen Clarke of the miletary 
Company in Hampton Tooke his oath Befor mee 

Sam" Dalton Com'iss 
12 June 76 John fifoulsam Juni' Being Chosen Constable for the 
Towne of Exetur tooke his oath to y* office Befor mee 

Samuel Dalton Com'issin' 

1676 on the first of April 

m^ Thomas Sexton appearing befor mee in order to his bond 
Bearing Date y 27 of march last, And after whatt was Alledged 
in y« Case by natt winsley and whatt Evidenc was ^dused in 
the sd Case itt appearing by y" Evidenc ^dused thatt the oars 
wear taken withoutt the order or Contrary to the orders left 
with Caleb moody whear the oars wear left, and found in the 
Costady of m' Tho Sexton at m' Carrs Hand in Salisburie I Doe 
Adjudg thatt y sd m' Sexton bear the Charg of the Complaint, 
and Leave itt to nathanyell winsloy to Recover His Damag for 
the vallue of His oars in a Course of the Law. 

By mee Samuell Dalton Com'iss' 

Tho Sexton Appeals to the next County Courtt to bee Held 
for the County of norfolke 

m' Tho: Sexton as principal! and m"" Thomas Woodbridge as 
suertie Doe bind themselves their Heires Exetueors Admines- 
trators Jointly and severally in the some of five pounds unto the 
Treasurer of norfolke on Condition thatt the sd Tho. Sexton shall 
appear att the next County Courtt to be Held at Hampton the 
2'^ tuesday in April (by order of the Generall Courtt) and y* 
the sd Tho. Sexton shall ^cicutt His Appeall from a Judgmentt 
Given against Him by Sam" Dalton Com'iss"" y*^ i^*- of Aprill 
1676 in which Judgmentt the sd Sexton was Adjudged to pay 
Cost to nathaniell winsley in a Complaint ^cicuted ag* him by 
the sd winsley: thatt Hee shall ^cicutt the same to Effect Ac- 
cording to the law of appealls, and abide the order and De- 



NEW HAMPSHIRE COURT RECORDS 435 

termination of the Courtt therein and nott Departt withoutt 
Licence Tho Sexton & m' Thomas woodbridg owned this bond 
y* 1st of April 1676 Befor mee Sam" Dal ton Com'iss' 

John Smits bond transfered to Courtt as ^ y" Day book 

on y 10*^ of June 1676 
Upon the Complaint of John folsham sen"" ag* moses Gillman 
for pulling up of a ^cell of fence thatt stood between their lands 
(or land in their posession) upon the Request of moses Gillman 
the ffull Issue of the Case is Respited untill next thirsday abott 
two or 3 of y^ Clock in the after noone, att which time both 
parties Appereing after long Insisten on the Case and Greatt 
Indeavours of freinds to ^swade to peace which proved alto- 
gether fruittless, I have Adjudged thatt the sd moses Gillman 
Bear the Cost of the Complaint, and Doe order thatt Hee keepe 
up the fence against the Gaps which Hee made in Removeing his 
fence untill After next Indian Harvest and Doe also Advise 
them to peace and Love in the mean time as their Relation & 
Dutie Requireth — the Cost Allowed to John ffolsum Sen' is 
Sixteen shillings — ^ mee Samuell Dalton Com'iss' 

on y« 15 June 1676 
In the Complaint of Samuell fog ag* John Smith Taylor for an 
Acte of Cruilty offered to a Swine of the sd foggs itt appearing 
thatt John Smith Did use more voyolenc & Rigor to the Swine 
then was meett or any wayes nessisary to the Driveing or Lead- 
ing of the swine to the pound I have Adjudged the sd John Smith 
to pay five Groats as a fine to the County : and Cost of the Com- 
plaint being seaven shillings & nine pence 

^ mee Sam" Dalton Com'iss' 

on y 15 of June 1676 
Joseph Smith being Convicted of Abusive Carriag towards 
Timothy Hillyard in Calling Him Indian Curr and shamble 
I Hard-Cur, and other Revileing words to His Disparriagmentt in 



436 NEW HAMPSHIRE COURT RECORDS 

the p^'sents of Divers ^sons which Cariag of His ought to bee 
borne wittnes against, I have Adjudged the sd Joseph Smith to 
pay a fine of five shilHngs to the County and the Coste of the 
Complaint being Seaven shilHngs and nine pence : 

by mee Sam" Dalton Com'issn' 

on the 3*^ of July 1676 
Henry Roby plaintif against Aughter [Arthur] Bennitt Defed 
in an Action of the Case for nott paying of Hime five Hundred of 
merchentable whitte oake pip Staves Due to Him by bill, att the 
time and place whear the sd Bennitt was oblidged wherby the 
sd Henry Roby is much Damnified The Issue of this Action is 
Adjorned unto the tenth Day of this month att one of y« Clock 
Att which time the sd Aughter Bennitt was three times Called 
and nott Appearing the Action Receded to tryall: After the At- 
tachm* & Evidences in the Case wear Read and Remaine on file, 
I find for the plaintiff five Hundred of merchentable whitt oake 
pipe staves According to bill and nine shillings Damage for Dew 
fraightt of the boatt, and Cost of Courtt: Allowed for Cost, one 
pound one shilling & fower pence 

on y^ 10*'' of July 1676 
In y« Complaint of John Smith Taylor ag* will Samborn upon 
suspition of perjurie or false Sweareing after all pleas and Evi- 
dences given in the Case by both parties, I Caused the wittnesses 
to goe upon the place where they saw y« Swine Abused (which 
John Smith was sentensed for) and itt Apearing thatt y« place 
was upon the brow of the Hill in John Smiths pastuer in Clear 
Ground, which was plainly to bee scene to william Samborns 
Gate, as was Evidentt to my selfe and Divers ^sons thear 
p'sentt, which were no wayes Ingaged in the Controvercy which 
tended much to the Clearing and Justiefieing of william Sam- 
borns oath, I Doe Adjudg thatt John Smith Had no Just Ground 
of Complaint ag* william Samborn and therfore Award Him to 
bear the Charg of the Complaintt 



NEW HAMPSHIRE COURT RECORDS 437 

John Smith appeals to the next County Courtt to bee Holden 
in the County of norfolke 

John Smith as principal and Robertt Smith as suertie Doe 
bind themselves their Heires Execeturs and Adminnistrators 
Joyntly and severally in the some of five pounds unto the Treas- 
urer of norfolke, on Condition thatt John Smith shall appear at 
the next County Courtt to bee Holden in the County of norfolke 
and thatt he shall thear ^cicutt his appeale to full effect accord- 
ing to the law of appealls: Apealing from a Judgmentt of Samuell 
Dalton Com'issin' in norfolke in a Complaint entered by the sd 
John Smith aga* william Samborn being tryed y lo**' of July 
1676 in which Case y sd John Smith was Adjudged to pay Coste 
and y' Hee y^ sd John Smith shall abide the order and Deter- 
mination of the Courtt therein and nott Departt without Licenc. 
John Smith and Robertt Smith owned this bond y" lo*'' of July 
1676 beefore mee Samuell Dalton Com'iss' 

on the 3<i of August 1676 

Joseph Smith plaintif ag* Timothie Hillyard Defendant in an 
Action of the Case for a trespass Done Him in Cutting and make- 
ing use of a whitt oake log of the sd Joseph Smith att y^ old Saw 
mill or near, the which log the sd Joseph Smith Had Hailed to 
make planke for a vessell by Cutting whereof the sd Joseph 
Smith is much Damnified After the Attachmentt & evidenc in 
y* Case ^dused Red & Remaine on file I find for y Defendant 
Cost of Courtt — Joseph Smith Appeals to the next County 
Courtt to bee Held in the County of Norfolk 

Joseph Smith as principle & Daved wedgwood as suertie Doe 
bind themselves their Heires Executuers & Adminestrators in 
the some of five pounds unto the Treasurer of Norfolk Joyntly 
& Severally on Condition y^ Joseph Smith shall appear att the 
next County Courtt to bee Holden in y" County of norfolke : and 
thatt Hee shall ^cicutt His Appeale from a Judgmentt Given 
against Him by Sam" Dalton Com'issin' in norfolke y^ 3"^ of 6 
mo: 1676 in which Judgmentt the sd Joseph Smith was Adjudged 



438 NEW HAMPSHIRE COURT RECORDS 

to pay Cost To Timothie Hillyard in a Case Depending Between 
them, and y* hee shall Abide the order and Determination of the 
Courtt theirin and nott Departt withoutt licence, Joseph Smith 
& Daved wedgwood owned this bond y^ 3*^ August 1676 Befor 
mee Samuell Dalton Com'iss"" 

30 g*^ mo**> 1676 william Lyon of Rowly and martha Casse of 
Hampton wear Joyned in mariage 

Befor mee Samuell Dalton Com'iss' 

on ye 27^^ of September 1676 

Joseph Smith plaintif ag* Roger Rose boatman Defendantt in 
an Action of the Case for withholding of Eight Hundred & Halfe 
of merchentable pine bords which wear the Remainder of six 
thousand and od measuer of Boards Delivered to y^ sd Rose att 
Exetur & to bee Delivered att Boston as Appears by a Receitt 
under the Hand of the sd Roger Rose or whatt shall appear to bee 
Due According to the sd Receitt 

Roger Rose appeared & owned thatt hee was Attached in an 
Action of like tennour & ^mised now to Joyne Issue in the Case 
After the Evidenc & pleas in the Case p'sented the which Evi- 
denc Remaine on file, I find for the plaintif eight Hundred & 
Halfe of Bords (as due att Boston) According to Receitt or the 
vallue thereof in monie and Cost of Courtt being Sixteen shillings 
and one peny as by Bill 

the Judgmentt and Cost payd by Roger Rose to Joseph Smith 
y^ 27 7 mo 1676 in p'sents of mee Sam" Dalton Com'iss' 

on y« 24 8 mo 1676 
Samuell Levett plaintif ag* James Kid Defendantt in an Action 
of trespas upon y^ Case for Cutting of a pine Loge or Loges or so 
manie as shall Appear of y^ sd Sam" Levitts which lay upon the 
Land near y mil Called pickpockitt mill upon Exetur River, 
whereby y*= sd Samuell Levitt is Damnified fortie shillings or w* 
shall appear, after the Hearing of the Case & all Evidenc 



NEW HAMPSHIRE COURT RECORDS 439 

therin ^dused which Remain on file I find for the plaintif the 
Damage of twelve Loges sawed or Disposed of viz fortie shillings 
in monie or pay Equivlentt & Cost of Courtt, viz Eighteen shil- 
lings & five penc Allowed for Cost 

^ Mee Samuell Dalton Com'ssin"" 

on y 8 of november 1676 
Charles Runlett plaintif ag* John Kimin Defendantt in an 
Action of Debtt for two Gallons of Molosses Borrowed of His 
wife aboutt a year & Halfe agon & for Just Damages John 
Kimin owned y* hee Borrowed molosses of the wife of Charles 
Runlet, I find for the plaintif two Gallons of moloses or the vallue 
therof in monie as it is usally sould for monie att Exetur & Coste 
of Court the Cost Allowed is Eleaven shillings & Six penc 

^ Mee Sam" Dalton Com'iss' 

on y^ 28 9 mo 1676 

Charles Runlett as Attournie to Alexsander Goodin plaintif 
ag* John Kimin Defendantt in an Action of the Case for with- 
holding of pay Due to the sd Goodin for Six Dayes work Done 
for the sd Kimin or so many Dayes as shall Appear the which 
worke was Don aboutt two years since 

Allexsander Goodin appeared Befor mee & owned thatt hee 
Had made Charles Runlett His Attournie to manage this Action 
to full effect after the Evidenc & pleas in the Case ^dused I find 
for the plaintif the vallue of Six Dayes worke, one Days worke 
of the seaven being owned by Goodin to bee payd viz y* sd 
Kimin pay the sd Runlett or Goodin the some of twelve shillings 
in Good pay and Cost of Courtt which is fouerteen shillings and 
two penc ^ Mee Sam'^ Dalton Com 

there is two shillings allowed for Costs to John Kimin to bee 
payd by Charles Runlett in an Action wherin he Had Arrested 
him & did nott ^cicute, the which two shillings is to bee abated 
in the Cost allowed above ^ Mee Sam'* Dalton Com'iss 



440 NEW HAMPSHIRE COURT RECORDS 

on y* 12 10 mo 1676 
William Marston plaintif ag* John Young Defendantt in an 
Action of y« Case for with Holding of pay Due to Him for win- 
tering & keeping of an oxe of the sd John Youngs from the be- 
gining of the last winter till this time being the latter End of 
november in y« year 1676 by which the sd will maston is much 
Damnified. John Young being three times Called & made no 
Appearance the Action Reeded and After y« Attachmentt & 
Evidenc Red which Remaine on file I find for the plaintif Sixteen 
shillings in monie for wintering the ox last winter & Eight shil- 
lings in Com'on pay for Keeping Him this winter till y« 29 of 
November last and Cost of Courtt, which is Eleaven shillings. 

fl mee Sam^^ Dalton Com'iss' 
Ensign John Samborn & Abraham perkins sen' tooke the 
prizers oath y« 31 of march 1677 Befor mee 

Sam" Dalton Com'iss 
Georg pearson & Ann Taylor both of Exetur were Joyned in 
marriag y« 2^ Aprill 1677 Before mee Samuell Dalton Co- 
April y 2^ 1677 
wheras Jacob Garland stands Convicted of Divers Disorders 
Acted upon y« Sabath Day night y« 25 of march last the which 
extravagenseys wear Haightened by sundry Denialls att his 
first Examination Hee now manifesting soon Degree of penitance 
and owning his fait in Every ^ticulerthe sd Jacob is Adjudged to 
pay a fine of twenty shillings in monie to the County and all Coste 
and to make an Acknowledgmentt in a publicke meeting by word 
or wrighting according to the forme following or to the like effect . 
I Jacob Garland Doe Acknowledg thatt I did Acte foolishly | 
and sinfully in being late att the ordinary on the sabath Day att 
night y« 25 Day of march last and the same night Goeing into 
the meeting house & Ringing the bell abott ten of the Clock att 
night to the disturbanc of the Towne & Giveing Just Cause of 
offenc to the Inhabitants: for which offences I Doe Crave pardon 
of God & His people, and Doe Desire thatt this my Acknowledg 



NEW HAMPSHIRE COURT RECORDS 44 1 

ment may be Accepted of this Assembly and a warning to others 
to take Heed of falHng into the like or any other Evill practies 

on y 4^'' of y« s^^ mo 1677 
In the Complaintt of w« Allin sen ag* Sarah Taylor for Goeing 
from Him or his service in a disorderly way and for Accusing 
His wife of Cruill Beating of Her, I Doe Adjudg y' the Girle 
wentt a way Disorderly & by Examination of all the Evidenc 
Educed Doe find the Girle in many Contrary tales, & Doe 
Adjudg y* she hath mett with will Counclers which is the maine 
Ground of all the Contest betwixt Her & Her master & Dame 
And in the Complaintt made in behalfe of the sd Sarah ag* 
Good wife Allin for Cruill Correction, all Sercumstances weyed 
I find no Legall Conviction wherby the sd Good wife Allin is 
Rendred Guilty: butt Considering all Circumstances and the 
poverty of the Girls Relations Doe Adjudg thatt Each fity bear 
their owne Charg and y* Ann person the Girls mother take Care 
of her for the futuer to see thatt she bee placed outt in some 
Godly famely and y' in the mean time she Refraine the Company 
of Goodwif Houldredg & Susan buswell, 

^ me Sam'i Dal ton Com'issi' 
5 July 77 
Returne Johnson Appeared before mee withoutt som'ons and 
owned thatt hee was much Distempred with Drinke the 25 Day 
of June last for which the sd Johnson is fined ten shillings ac- 
i cording to law ^ mee Samuell Dalton Com'iss' 

26 5 mo 1677 Jonathan Thing and mary Gillman both of 
Exetur wear Joyned in marriage Befor mee 

Sam'i Dalton Com'issn' 
14 9 mo*'' 1677 Richard Goodwin of Amesburie and mary 
ffowler of Salisburie wear Joyned in marriage Befor mee 

Samuell Dalton Com'iss' 
20 9 mo 77 Luke maloone Belonging to Dover Towneship and 
Hannah Clifford of Hampton wear Joyned in mariag Before mee 

Sam'' Dalton Com'iss' 



442 NEW HAMPSHIRE COURT RECORDS 

4**^ 10 mo 77 Christophur Keniston and mary muchmore Both 
of Portsmouth liveing att Greenland wear Joyned in mariag 
Before mee Samuell Dalton Com'iss' 

on y^ 25 of August 1677 
Ezekiel Coffin a souldier being brought befor mee and Acused 
by Abr Drake sen' for steaHng of a new shirtt outt of his orchyard 
upon y« 24 of this month upon Examination the sd Coffin owned 
thatt hee tooke y« shirtt: I have Adjudged him to Restore y 
shirtt and to pay Damage as the law ^vides & also to pay a fine 
of ten shillings for the Charge of y« Constable keepers & witt- 
nesses & other Charge Ariseing aboutt the ^cecution and to bee 
Admonished ^ mee Samuell Dalton Com'iss' 

on y« 20 8 mo**' 1677 

Henry Brown of Salisburie tooke the Com'issioners oath for y" 
ending of Small Causes Befor mee Samuell Dalton Com'iss' 

20 10*'' mo 1677 Nathaniel Stevens of Dover and mehetable 
Colcord of Hampton wear Joyned in mariag Before mee 

Sam" Dalton Com'iss' 

8 II mo 1677 
m' Robertt Ring Acknowledged a Judgmentt to Henry Dow 
marshall of norfolke ie to pay him three bushiels and Halfe of 
merchentable Indian Corne, this Judgmentt was Acknowledged 
by Robert Ring y® 8 11 mo 1677 Before mee 

Samuell Dalton Com'iss' 

on y« 30*'' of y« 8 mo 1677 
Upon the Complaintt of m' Thomas wells minester of Ames- 
burie of a Certaine Company meeting att his house upon the 16 
day of this month in the Evening when the sd m' wells was from 
home, and thatt Samuell Weed one of the Company offered sum 
Insevillity to m' wells his wife in Goeing into her Bed Chamber & 
wakeing her outt of her sleepe & kissing her and then Returning 



NEW HAMPSHIRE COURT RECORDS 443 

to his Company below: the sd Samuell weed is Adjudged to pay 
a fine of five shillings and to Give bond to the valine of twenty 
pound to bee of Good behaviour towards all ^sons till Sallisburie 
Courtt next and all Coste: 5« Allowed for Cost ag' Sam weed for 
two wittnesses and his bond of Good Behaviour 

^ mee Sam" Dalton Com'iss' 

on y« 30 8^*^ mo 1677 

Also itt doth appeare thatt ehere wear in Company with Sam'' 
weed att the same time, John Colby orlando Bagly Thomas 
flFrame Thomas Harvie and some others nott now ^sent who had 
oppertunity Given them to Clear themselves and Give Evidenc 
against any Disorder then Acted butt nott any of theme takeing 
the oppertunity are adjudged to be Either Abettors or Coun- 
tinansers of whatt was then Acted Either in Drinkeing or in 
uncivill Carriag towards m"« wels therefore the sd Tho fTrame 
John Colby orlando Bagly & Thomas Harvie are Adjudged to 
pay as a fine two shillings & six penc apeece and Coste & to be 
admonished 

Samuell weed of Amesburie Doth Bind himselfe his Heires 
Exectors and Adminestrators in the some of twenty pound unto 
the Treasurer of norfolke on Condition thatt hee shall bee of 
Good & sober Behaviour towards all persons untill Salisburie 
Courtt next Sam" weed owned this bond y 30 8 mo 1677 Befor 
"'^^ Sam" Dalton Com'iss' 

on ye 5 9 mo 1677 
Georg Jones sen' makeing Complaintt against Anthony Goffe 
for stealing or Disorderly takeing away of twenty five pipe staves 
from him: upon y- Examination of the Case and evidenc ^dused 
■I Have Adjudged the sd Goffe to pay to the sd Jones treuble 
Damage vis 75 pipe staves or the valine thereof and all Coste of 
the ^cicution there is nine teen shillings allowed to Jones & the 
Constable for Costs: Execution Granted outt y« 8 9 m 1677 and 
Returned y« 5 11 mo 1677 



444 NEW HAMPSHIRE COURT RECORDS 

on y* 6 may 1678 Peter foulsam of Exetur and Susanna Cus- 
sons of weles wear Joyned in marriag Before mee 

Samuell Dalton Com'iss'" 
on y" 29 of may 1678 nathaniel Bachelder Being Chosen Clarke 
of the Trained Band tooke his oath Before mee 

Samuell Dalton Com'iss' 
on the 4*'' of June 1678 mehell Towsley and mary Husse both 
of Salisburie wear Joyned in mariage Before mee 

Sam'i Dalton Com'iss' 
John Ted [Tidd] of wooburn & Elizabeth ffifield of Hampton 
wear Joyned in mariag 12 June 1678 Before mee 

Samuell Dalton Com'iss' 
Joseph ffrench Ju' and Sarah Eastman both of Salisburie wear 
Joyned in mariag y^ 13 June 1678 Before mee 

Samuell Dalton Com'iss' 
Charles Runlett of Exetur Appeared before mee and Acknowl- 
edged a Judgmentt of fower and twenty shillings and six penc to 
bee payd in Currantt mony unto Nathaniel Drowne of Salisburie 
According to bill this Judgment was Acknowledged by Charles 
Runlett y« 4*** of July 1678 Before mee 

Samuell Dalton Com'iss' 
Execution Granted 4 August 1679 

phillip Easman of Haverill and mary morse of Newburie wear 
Joyned in mariage y^ 22 6 mo 78 Before mee 

Sam" Dalton Com 
Joseph Sherbin and Amee Cowell wear Joyned in marriage y* 
19 8 mo 1678 Befor mee Sam'' Dalton Com'iss 

Ensign Steven Greenleaf of newbury and Ester Swet Cap* 
Swets widdow, wear Joyned in mariage the 31 of march 1679 
Before mee Samuell Dalton Com'issn' 

The 10*'' march 1678:79 
nicolas noris being Convicted before mee for being Destem- 
pred with Drinke some time the begining of this winter is Ad- 
judged to pay a fine of ten shillings according to law & Cost 
2' 6'* 5ft mee Samuell Dalton Com'iss' 



NEW HAMPSHIRE COURT RECORDS 445 

on y 25 of march 1679 

wheras Bily Dudly stands Convicted of telling or makeing of 
a lye in his Discourse with Ensig Samborn on the 10*^ Day of this 
month wherby hee Deceived the sd Ensig Samborn of two shil- 
lings in monie and also thatt he is Guilty of vaine Swearing att 
the same time the sd Byly Dudly for his offences is Adjudged to 
pay ten shillings in monie for makeing of a lye and to Returne 
the two shillings which hee Had of Ensig Samborn, and to make 
an Acknowledgmentt befor this p^'sentt Assembly thatt hee Did 
very sinfully in Swearing vainely or offering to Swear when he 
knew His Evidenc was vaine and to pay all Cost and Charges: 
Allowed for Cost ii« 4^ 

The marshall made Returne y* y" fine & Cost was payd Apriell 
30: 

on y^ 28 of June 1679 

upon the Complaintt of nathaniel ware ag* Steven fflanders 
Ju' phillip fflanders and John flanders for Stealing of aboutt 
Eleaven Hundred of Red oak Hogshead Staves from the sd nath 
waer outt of his pasture in Hampton bounds upon wedens Day 
morning the 18 Day of this p''sentt month, upon the full Hearing 
of the Case and Examination of the Evidenc prodused: I Doe 
adjudg thatt the plaintif nathaniel ware shall Injoy his staves 
which wear seazed by the Constable of Salisburie att the landing 
place by m' mudgets ship: and such further Damages as is 
^vided by law viz treable Damag nott Exeding fortie shillings: 
and the sd Steven filanders Ju'' is forth with to be admonished 
for Joyning with his brothers in the fact and pay his ^portion of 
y Cost & Damag and the sd phillip fflanders and John fflanders 
are Adjudged for their offenc to pay Each of them a fine of ten 
shillings to the County and all Cost to the sd nath ware & Con- 
stable and other Cost Ariseing aboutt y ^cecution 

^ Sam" Dalton Com'iss"" 

on y^ ninth of July 1679 
Isaac perkins plaintif ag* Isaac Green Defendant in an Action 
of trespasse for Hunting & tearing of a Swine of the sd perkinses 



446 NEW HAMPSHIRE COURT RECORDS 

SO as thatt y^ sd Swine is lost and never Returned Home againe: 
the which Swine was so torne by the sd Isaac Greens Dog the 
last Sabath Day was sennitt towards night wherby the sd Isaac 
perkins is Damnified above twenty shillings or so much as shall 
appear, Haveing Read all the Evidenc p'^sented which Remaine 
on file I find for the plaintif twentie shillings Damage in mer- 
chentable pay and Cost of Courtt 

Issaac Greene Appeals to the next County Courtt to bee Held 
at Hampton 

on the g^^ of July 1679 

Jacob perkins p'^senting a Complaintt against Isaac Greene for 
lying or makeing or telling two lyes upon the Hearing of the 
Case, and Examination of all the Evidenc p'^sented on both sides, 
which Remain on file in the Case; I Doe find thatt the sayd 
Isaac Greene is Guilty of Deceitt in takeing of monie for a Cow 
and a Calfe which he owned to Ebenezer perkins and Joseph 
perkins upon the 21 Day of may last as appears by their testi- 
monie on file, and itt also appering by the Testimonie of Thomas 
philbrick Edward Gove & Joseph Dow thatt upon the two and 
twentieth Day of the same month att night he posutively Denied 
thatt ever he Received any mony on thatt account, for which 
Deceitt & false Dealing I Have Adjudged the sd Isaac Green to 
pay ten shillings in monie as a fine to the County and all Cost of 
the ^cicution 

Isaac Greene Appeals to the next County Courtt to bee Held 
at Hampton 

I appointt Serg* Tho philbrick to Answar in the behalfe of the 
County to Isaac Greens appeale at the next Courtt to be held att 
Hampton in the Case wherin the sd Isaac Green was Adjudged 
to pay ten shillings for lying or false Dealing 

on y 4 of August 1679 nicolas morrell & margritt Langdon 
both of Portsmouth wear Joyned in mariag before mee 

Samuell Dalton Com'iss' 



NEW HAMPSHIRE COURT RECORDS 447 

on y« 5 off August 1679 

Thomas Thurton and Daved wedgwood being Accused for 
Quareling and fighting and Appereing before mee and owning 
thatt there wear severall Blowes past between them are Ad- 
judged to pay ten Groats apeece as a fine to the Countie in or as 
monie and Cost & fees ^ mee Samuell Dalton Com'issn' 

on y^ 14*^ of y® 6 mo 1679 Samuel Rand and mary walton both 
of Portsmouth wear Joyned in marriage before mee 

Sam" Dalton Com'iss 

Robert Hinkson and Sarah Bruster both of Portsmouth wear 
Joyned in mariag y 26 7 mo 1679 

Thomas Eaton of Salisburie & Hannah Hubbard wear Joyned 
in mariag y<^ 14 9 mo 1679 Before mee 

Samuell Dalton Com'iss"" 

Samuell Gatchel Ju"" and Elizabeth Jones of Amesbury wear 
Joyned in marriag the 27 9 mo 1679 Before mee 

Samuell Dalton Com'issin' 

on y 24 9 mo 1679 Thomas Dearborn being Chosen Constable 
for y" Towne of Hampton Had y Constables oath Adminestered 
to him ^ mee Samuell Dalton Com'iss'' 

on y 10 march 1679:80 Thomas Clough & Hannah Guile both 
of Salisburie wear Joyned in marriage 

on y^ 15 march 1679: 80 Israeli Clifford & Ann Smith both of 
Hampton wear Joyned in mariage Before mee Sam Dalton 

on ye 24 of may 1680 Daved Robinson & Sarah Taylor both 
of Exetur wear Joyned in mariage before mee Sam" Dalton one 
of the Councill in new hampsheir 

on y 21 of June 1680 William Lane of Boston and Sarah 
Webstar of Hampton wear Joyned in mariage before mee 

Richard Long & Anna ffrench both of Salisburie wear Joyned 
in mariag y 21 5 mo 1680 Before mee Sam" Dalton of y Council 
in new hampsheir 

on y 27 6 mo 1680 Richard pearce of Boston and Sarah Cot- 
ton of Hampton wear Joyned in marriage 



448 NEW HAMPSHIRE COURT RECORDS 

william ffuller Ju'' and Susanna Buswel both of Hampton 
wear Joyned in Mariag 22 June 1680 

30 June 1680 

Upon the Complain tt of John foulsham Ju' against Hannah 
foulsham y wife of nathaniel folsham itt appering by Evidenc 
y* the sd Hannah folsham hath Slanderously Reported Abigaill 
y^ wife of John folsham Ju"" I Doe adjudg y* the sd hannah fol- 
sham shall publish or publickly owne this Acknowledgment 
under written att som publick towne meeting att Exetur and y* 
Nathaniell folsham her Husband shall pay y^ Cost of y*" ^cicu- 
tion to John folsham Ju' 

These p'sents may testifie y* wheras I hanna folsham have 
accused my sister Abigail ffolsham for stealing meatt and other 
things from mee and ten shillings in monie from peter folsham I 
Doe now owne y* I have Done her wrong and am heartily sorrie 
for itt and shall labour to make satissfaction and this my Ac- 
knowledgment I publish to all ^sons Concerned wittnes my 
hand y 30 of November 1680 

The X mark of hanna folsham 

There is allowed for Cost of Goeing to hingham for Evidenc & 
other Charg in y ^cecution to John folsham Ju' i' 4' 5*^ 

^ mee Sam'' Dalton of y^ Council 

Acts of Council in new hampshier 

Att a Councill Held att Hampton in New hampshier the 29 
June 1681 

These persons whose names are under written are freed from 
all ordinary trainings in Hampton paying to the foot Company 
these following soms to bee payd to the Clark of the band in 
merchentable pay att price Curantt 

Viz moris Hobbs sen' paying fower shillings ^ Annum 

natt Boulter fower shillings ^ Annum 

Robert Smith three shillings ^ Annum 

Thomas marston six shillings ^ Annum 



NEW HAMPSHIRE COURT RECORDS 449 

Henry Roby Six shillings ^ Annum 

Hczron Leavitt fower shillings ^ Annum 

Phillip Towle fower shillings ^ Annum 

Joseph Shaw fower shillings ^ Annum 

Christop Palmer fower shillings ^ Anum 

John Redman senior fower shillings ^ Anum 

Abraham Drake sen'' fower shillings ^ an 

These ^sons under written are freed from training without 
paying any thing for their freedom 

Isaac Perkins Anthony Taylor 

william ffifield sen'' John marian 

John Brown sen"^ william ffuller sen' 

Henry Lampury sen' John Clifford sen' 

moses Cocks Timothy Blake 

Abraham Perkins Daniel Lampary 

Thomas Leavitt m' Anthony Stanyen 

Godfrey Dearborn Henry Greene 

Edward Colcord John Soutter 

By order of the ^sedent and Councill 

Samuell Dalton Recorder 

Acts of Councill 29 June 1681 att Hampton 

In the Complaint of Isaac Green against Sarah perkins and 
Ebeneazer perkins the p'sidant and Councill Doth order thatt 
the sayd Sarah and Ebenezor perkins Doe give bond to the vallue 
of ten pound apeece to be of Good behaviour towards all ^sons 
and Especially towards Isaac Green and His famely and Estate 
and to appear att Hampton Courtt next to Answar the fact and 
whatt else shall appear against them in the Case 

The bonds then written & owned before the Councill and Re- 
maine on file with the Case 

The Case of Edward Colcord for abuse offered to his wife att 
Divers times as Doth appear by Evidenc, the p'sident and 
Councill Doth order thatt the sayd Edward Colcord shall Con- 
tinew in prison till hampton Court next unless he Can Gitt baile 



450 NEW HAMPSHIRE COURT RECORDS 

to the vallue of fortie pound to keep the peace towards all persons 
and in special! towards his wife and Children till the Court take 
further order Conserning him 

Att a Council Held att Exetur in New hampshier the 30*'' of 
June 1681 

The p''sidentt and Councill being informed thatt one steven 
fiflanders Ju"" of Salisburie who was putt into hampton prison by 
an Execution served upon him att Hampton for Debtt hath 
broken prison and made his Escape 

The Councill Doth order thatt forth with a Request be sentt 
to the next majestrat in the massachusets Collony to Desire him 
to Issue forth a warrantt to ^sue and aprihend the said flanders 
and send him to the keeper of hampton prison to be by him 
secured till the Execution be Discharged or the Creditor other 
ways satiesfied: and the Councill appoints m' Dalton to send a 
Dispatch to the next magistrate as is above Exprest 

Edward Colcord moveing the Council (who hath sentansed 
him to prison there to be keept untill he Can Give security of 
40 • for his Good Abearing to his wife and famely thatt stands in 
fear of their lives if he be at liberty) which by Reason of his 
Restraint Cannott find w* to Answar as if he had som time al- 
lowed him to Attaine the same; the Council doth further order 
thatt he have three weeks or a month liberty to ^cure sufficient 
suerties to the sd some of 40', and if in the meane time he shall 
Com'itt any outt Rage or any wise abuse his wife or Children 
upon any of their Complaints to Authority made by them, thatt 
then he shall forfitt to the Treasurer of this ^venc all that Right 
he hath or ought to have into all or any part of thatt maintinanc 
the Councill hath allotted him for his support Duering his life 
outt of whatt Ever Estate he had or pretendeth to have, and be 
forth with Com'itted to prison without baile or main prize ther 
to be kept Duering the Councils pleasure to be Com'itted by 
such of the Councill as the Complaint be made unto 

by order of y« Councill Sail Dalton Record 



NEW HAMPSHIRE 
COURT PAPERS 

165 2-1668 



NEW HAMPSHIRE COURT 
PAPERS 



[Court Papers, vol. i, p. 5.] 

By the Sellecktmen the 5: 10 mo 52 

Given and Granted unto william ffurber william wentworth 
henery Lankster Thomas Caney thear heires and Assignes the 
accomedations of fresh creeke for the Ereckting and Setting up 
of a sawmill the Bounds of the timber ar from the head of the 
Creeke from the floweing of the tied three miles up in to the 
woods Betwixte the too freshetts the southermost freshett com- 
ing out of the marsh beside the great hill at Cochecho The north- 
ermost freshett Bounding Capt wiggins and m"" Bradstrets grant 
at Quamphegon and allso what timber lies in Comon that they 
shall make use of betwixt fresh Creek and Cochechoe theay ar to 
pay six pounds ^ yeir so longe as theay contenewe posision 
thearof provided that the Inhabetants have Leberty for cuttinge 
of timber acordinge to the order bearing Date with these presents 
and also in case theay make use of any trees for mastes above 
twenty fower Inches thro we that thay ar to pay tenn shillings 
for everey such mast as theay make use of the tim of the Rent to 
begin the first of march next come twelmonth in the yer 53 

^ me William Pomfrett 
Towne Clarke 

[Court Papers, vol. i, p. 7.] 

At A Generall Towne meitting holden the loth of the first 
month (55 56) 

Ordred and agreed upon that whearas their is and hath bin 
Severall grants made to severall Respective Parsons and likewise 
to all the inhabetants boeth of lands timber and Rivers wee doe 



454 NEW HAMPSHIRE COURT RECORDS 

heirby declaer that from hencforth all such grants as haeth bin 
made to anie of the Respective parsons or the Inhabetants by 
the Towne or the selecktmen ar heirby Ratefied and Confermed 
to Evrey parson acording to thear severall grants unto them 
thear heires Executors Administrators and Assignes as full and 
amply as It waer ackted in the publick towne meitting As alsoe 
the Bargain of timber and land made with Cap* Richard wall- 
derne as by his Deid Appeireth Bearing Date the 5*^ lo*'' mo 52 

^ me William Pomfrett 
Towne Clarke 

[Court Papers, vol. i, p. 9.] 

Ordred the 20*^ day of the 2*^ mo 1644 that m' Edward Star- 
buck Richard walldern and william ffurber to be waeres men for 
Cochechoe falls and River Dureng thear lives or soe longe As 
theay contenew inhabetants in the towne and at any of thear 
Deaths or departuer out of the towne the sayd fall waer and 
feishinge to returne againe to the desposing of the Towne to put 
anoether in Paying yeirly 6 thousand of alewifes for the Rent to 
the towne the first theay cache to be Imployed for the use of the 
Church and what fish is wanting for the Churches use to be 
delivred at Comon price that is to say three shillings a thousand 
at the utmoste and the first salmon theay Cach to given to oure 
Pastor or teacher and none are to fesh in the falls or waer but 
the above written and furder the sayd waer men ar bound to 
Use all delegence in caeching of feish 2ly the sayd warmen ar to 
have 6 thousand of fish each of them for thear owne 3ly chirch 
ofifecers ar to be sarved with fish first 4ly all that beare office in 
the Coman welth and 5ly the moste antient inhabetants to be 
served with fish everie man a thousand of fish equaly Devided 
or soe maney as evrey scull of fish afords and evrey man to goe 
up for his fesh and atend thear in fishing sesons and for the od 
fish that Cometh befoer the scull to be the waers mens if theay 
Exceed not above too or three hundred after the church haeth 
had Six thousand of fish the next to be sarved ar the wars men if 
those men doeth not use thear fish themselfs it shall be at the 



NEW HAMPSHIRE COURT RECORDS 455 

disposing of the waer men and thoes that doe necklekt to take 
thear turne shall loese thear fish for that time And tis ordred 
that noe man shall molest the waer men In thear fishing uppon 
Payne of nineteene shillings for evrey Defalk 

veria Coppea ^ me William Pomfrett Towne Clarke 

[Court Papers, vol. i, p. ii.] 

To y« Constable of Portsmouth or his dep* you are required to 
attach the goods & for want thereof the body of Allexsand"^ Jones 
& take bond of him to the vallew of tenn pounds with sufficient 
securite for his appearance before y next comisson Court to 
answ y« compla* of Georg walton in an acc'on of Review of a 
case tried in 1656 aboute a peece of marsh or meadow grownd 
& Soe make returne und"" yo"" hand da: 30 July 1659 

^ Curia Elias Stileman 

veria Copia taken y*= 16 June 1660 

^ Elias Stileman Commis'' 

The depositian of Thomas Darmer 

The deponent sayth that being in Compyney with william 
Lemon at Wels before his going upe in the Contrey did heare 
him say that if hee did never returne agayne all that hee hath 
hee had given to m' Maverick and that hee had downe it before 
& that stood good — 

Taken upon oath before mee this 6**^ 12: 59 

Nicklas Shapleigh 

Verea Copea ^ James Heard 

[Court Papers, vol. i, p. 13.] 

I doe hereby Testifi that a peece of marsh Land w"*' is now in 
Controversie betweene the wife of Allexsander Jones & George 
Walton was knowne to me to be little worth when first y^ said 
George Walton made use of it John Wotton then laid claime to 
y^ said Marsh & mowed 3 or 4 small Cockes of hay but they being 
of soe small worth never fetched them away, & I doe further 
testifie that y*= same peece of marsh was not fitting to be mowed 



456 NEW HAMPSHIRE COURT RECORDS 

till y^ said Walton Cleared it being full of growing trees & other 
old Trees drift wood w**" was in It & farther I doe testifie that I 
never knew y^ said Jones or any other to mollest the s*^ Walton 
for the time I then Lived w'^ him being 4 yeares or neare five 
w"^ is since the first above eight yeers or nere nine except it were 
ye s*^ Walton the w'''* right he had to it Walton bought out In 
witnes of the truth hereof I have hereunto put my hand y^ 30 
June 1659 the w^ I am redy to make oath of 

Tho: Roberts his marke 

Witness To: Clarke Jun"^ 

Taken upon oath this 26 June 1659 before me 

Brian Pendleton 

This is a true Coppie taken out of the Commission Court 
Records y* 22° feb: 1659 ^ Elias Stileman Commiss"^ 

[Court Papers, vol. i, p. 15.] 

I doe here testifie that that peece of marsh w'='' is now in 
Contention betweene y" wife of Allexsand'" Jones & George Wal- 
ton was knowne to me to be little worth when first y s*^ George 
Walton made use of it y w^ peece of marsh John Wotton then 
Laide Claime to it & mowed 3 or 4 small Cockes of hay but to my 
best remembrance they being of small worth never fetched them 
away 

I doe further testifie the same peece of marsh was not fitting to 
be mowed till y s'^ Walton Cleared it being much of it growing 
trees & other ould drift trees the w"'* was in it, & further I doe 
testifie that I never Knew y^ said Jones or any other to hinder 
the s*^ Walton for y^ time I then Lived w*** him being full 3 yeares, 
except It were the said Walton, In witnes hereof I have here 
unto put my hand this 20 June 1659 for y« which I am ready to 
make oath of John Dock 

Taken upon oath 20: 4 m° 1659 before me 

Brian Pendleton 

This alsoe is sworne to by W'" Taverner 27°: 4: 59 before me 

Brian pendlcton 

Viria Copia as Attests Elias Stileman Commiss' 



NEW HAMPSHIRE COURT RECORDS 457 

These p'^sents witness that I John Hord of y River of piscat- 
taqe planter have bargained & sould unto George Walton of y*' 
same place Talo' one Neck of Land called Muskito lying in y 
great Hand the hounds of y^ Land is from Thomas Walfords 
fields all that neck of Land lying north & north west, unto y" s'^ 
George Walton (S: his heires for ever dat: this first of march 1649 

d'^ in y" presents of us John Hord 

John Reynolds 

William Steere 

acknowledged in Court Aug* 16**" 1655 Renald fernald 

Veria Copia as Attests Elias Stileman Commiss 

[Court Papers, vol. i, p. 19.] 

I Renald ffernald of the River of piscataq doe hereby affirme 
that I have Knowne y marsh w"** George Walton hath Inclosed 
betweene musketo hall Neck & Thomas Walfords ffield to have 
been Mowed by y" said Thomas Walford at the Least sixteene or 
seaventeene yeers Since as alsoe the marshes on y back side of 
y" Cove & those that went by the Name of Boatswaine Cliftons 
marsh, to y^ w°^ I Know more can affirme to besides my selfe. 
Taken upon oath the 15*'' July 56 before me Brian Pendleton 

veria Copia as attests Elias Stileman Commiss' 

July 12**' 1656 The deposition of Jeremiah Walford 

This deponent witnesseth y* his ffather Walford hath Severall 
times mowed this peece of marsh that now Allexsander Jones is 
in Controversie with Georg Walton aboute, & he then did quietly 
possess it till he gave it to y^ s'^ Allexsand'' nor was he ever mol- 
lested or disturbed aboute It in y time of his posessing of it 

Taken upon oath this 12° July 56 before me 

Brian pendleton 

Viria Copia as Attests Elias Stileman 

Thomas Walford these are to give you Notice that I never 
Sould unto George Walton any Marsh of the said Thomas Wal- 
fords, for I never made use of any Marsh there upon the Hand, 
Witness my hand John Hord 



458 NEW HAMPSHIRE COURT RECORDS 

This is a true Coppie taken out of the Com'ission Court 
Records ffebb: 22° 1659 

By me Elias Stileman Com'isso'' 

[Court Papers, vol. i, p. 21.] 

Know all men by theise p^'sents that I Richard Tucker now of 
Newitchewannuck in y« River of piscattaqe have Alienated bar- 
gained & Sould unto George Walton of y" great Hand in y*' Said 
River for & in considerac'on of the sume of fortie pounds Sterll to 
me in hand p*^ before the signeing & sealeing hereof, & doe by 
these p'sents absolutely sell & Confirme unto him his heires 
Executors administrators & assignes for ever all that my now 
dwelling house upon y« said Hand with all the Lands & housing 
Improved thereunto belonging as alsoe all the Lands Rights & 
priviledges granted unto me by the towne of Portsmouth Alias 
Strawbery banke in y s'^ River bearing date y" ly*** may 1656 
as Appeareth in y records of the s*^ towne booke under the hands 
of Renalld ffernald Hen : Sherburne John pickerin Natha'' Drake 
Richard Commings John Jackson & James Johnson w*^ all rites 
& priveledges w*soever belonging therein Included or conceived 
to belong unto me my heires or assignes, to have & to hold all & 
every part & percell of the same w**^out the lest deniall or In- 
teruption of any ^son or persons Lawfully Claiming the same 
from by or under me my heires or assignes for ever Witness my 
hand this lo*** of septemb 1657 Richard Tucker 

Signed sealed & dd in p'^sents of us Rob' patoshall John fales 
Abizag Walton 

This is a true Coppie taken out of y Comiss" Court Records 
of Portsmouth y^ 22° ffeb: 1659 as Attests 

Elias Stileman Coms"" 

[Court Papers, vol. i, p. 23.] 

The Deposition of Robert Mussell 

This Deponent saith that y peece of marsh lying within 
Goodman Waltons planting ffield, that he did Know y" said 



NEW HAMPSHIRE COURT RECORDS 459 

Walton to cleare It & to mow it aboute eight or 9 yeers since & 
that noe man did lay any Clame to but one John Wootton & to 
his Knowledg that he hath Cleared & mowed it ever since 
without any mollestation untill this Controversie began & 
further he doth testifie that George Walton did cleare the higher 
part & the Lower part of y" said marsh that was never mowen 
before & further he saith not 

Sworn In Commission Court the 9°: 9° m° 1659 

^ Elias Stileman 

This is a true Coppie Taken out of y*^ Corns'" Court records 
y 22*^ ffeb: 1659 as attests Elias Stileman Commis"" 

The deposition of Dermon Disher 

This depon' saith y' at Leisure times ever since he came to 
his master till Last spring he hath been Clearing of this peece 
of marsh y* Lyeth w"'in his masters ffeild & that he hath Cut 
above 20 Cart loads of wood out of it, & that my master Trenched 
it & Jeremy Walford & James Leech did work w*'' my m' 
Clearing of it for my master, & further he saith not 

Sworne in Commission Court y 9°: 9° m° 1659 

^ Elias Stileman Comss"" 

This is a true Coppie taken out of y'' Commission Court 
Records 22° feb: 59 ^ Elias Stileman Commis' 

we find for Alexsandar Jonnes acording to y^ Judgment of the 
Comission Court & Cost of Corte 

[Court Papers, vol. i, p. 25.] 

The reasons of George Waltons Appeale from a judgm' of 
the Com'ission" of Portsmouth: given against him in a case 
wherein y^ said Walton was pit: agt /\llexander Jones defend: 
in a case of Reveiwe conserning a peece of Marsh 

I first That the Com'ission" gave no possitive judgm* in 
the case as hee conceives, but left the case still arbitrary 

2^y That the defendent proved no legall title to y" marsh in 
Controversie as he Conceives 



460 NEW HAMPSHIRE COURT RECORDS 

3'y That y Com'ission" notwithstanding they saw not reason 
to Confirme the i^' Judgm*^ Yett they found for the defendent 

George Walton 

[Court Papers, vol. i, p. 25.] 

Att y" Court held att Salisbury y^ 10*^ 2^ m° 1660 
This Court grants letters of Administracon unto Richard 
Otis & william ffurber in reference to y estate of William Lemon 
late of Dover deceased & are to p'^sent an Inventory unto the 
next Court at Portsmouth 

Vera Copia ^ me Tho: Bradbury rec 

[Court Papers, vol. i, p. 27.] 

Thomas Duston aged about fifty & five yeares or there abouts 
saith that hee had order from George Walten to warne y^ wife 
of Alexander Joanes not to putt her cattle into y feild; shee 
answered that shee would putt them in & accordingly shee did, 
w"'* cattle were turned out by this deponent divers times, & fur- 
ther I doe testifie that I did see y^ said Goodwife Joanes pull 
downe the fence of y^ said feild & laid it Common and further 
saith not 

Taken upon oath this 28:4: 60 Before mee 

Brian Pendleton 

Thomas Joanes aged twenty & foure yeares or there abouts 
saith that about two yeares past I did see the wife of Allex- 
ander Joanes pull downe George Waltons fence & further saith 
not 

Taken upon oath this 28: 4: 60 Before mee 

Brian Pendleton 

Nicholas Lux, & Samuel Tilten deposeth & saith that about 
three weekes or a month past wee did see Allexander Joanes pull 
downe three or four Lenghts of George Walton's fence & further 
wee testifie not 



NEW HAMPSHIRE COURT RECORDS 461 

(Court Papers, vol. i, p. 29.] 

[Power of attorney from Richard Cummings of Strawberry 
Bank in the County of Norfolk to Samuel Hall, late of Salisbury, 
and John Pickering June 26, 1660; witnesses, Gowen Wilson, 
John Pickering, Jr.] 

The 8th of ye 4th n^o 1645 

John Legat & humphry Willson have Purchas^ of y Sagamor 
all y" Land w"'' Lies within y- fence by y^ ffalls West Unto y" 
mills that Is to say y" Land w"^ Is planted or to be planted or to 
be broken up within y^ S"^ fence w'='' Land Lies within y*' same 
fence where John Legat & humphry willson hous lott Lye unto 
w^ purchas y Towns men doe give o' Consent & y^ land w"'*' Is 
purchased by them is by estimation about 6 or 7 acres be It more 
or less Edw Hilton 

Anthony Stanyan 
Sam X Grinfield 

This Is a true Coppey taken out of y^ Records as attest 

[Court Papers, vol. i, p. 31.] 

The deposition of Abell Adams & Jo° Banfield 
These Depon*^ testifie that the oxen of Walter Abbut John 
Hunkins used were w^^^in two dayes after they were returned 
back to y^ s'^ Abbutt wrote by Richard the s^ Abbutts man whoe 
fetched home two turnes of wood w*'' them, & the s*^ Jn° Banfield 
saith that the ox w"*' is dead had a looseness uppon him at the 
same time w° they borrowed them & it did appeare before ever 
they were wrote, further the depon*^ both say that Walter Ab- 
butt telling them y* they had wronged his oxen, these depon*' 
made answ^ wherefore did yo"" man work them then, Walter 
Abbutt replied & said because my man was a foole soe are you 
too & further saith not further the said abell Addams saith that 
waiter Abutt had Jn° Hunkins oxen nine dayes & Jn° Hunkins 
waf Abutts Six dayes 



462 NEW HAMPSHIRE COURT RECORDS 

To y^ constable of Portsmouth or his dep*« 
You are required to attach y^ goods & for want thereof the 
body of John Hunkins & take bond of him to y" vallue of thirtie 
pownds Ster' w*^ sufficient securitie for his appearance at the 
next County Court to be held in Portsmouth the last 3'^ day in 
this p^'sent month to Answ'' to y^ compla* of Walther Abbutt in 
an acc'on of the case Concerning two oxen of y s*^ Abbutts used 
by the s*^ Hunkins or in his Imploy, & soe abused that y« one is 
dead & the other soe impared that he is not fitt for serviss, & soe 
make return und"" yo' hand, dat: 13: June 1660 

By the Court Elias Stileman 

this Attachment was served upon the house & goods of John 
Hunking according to the tener of this attachment by mee 
13 June 1660 Richard Jackson Constabell 

Wee find for plaintef eight pound thre shillings seven penc in 
damig & Cost of Cort & the plaintef to Returne to the defendand 
what he mad of the dead oxe 

[Court Papers, vol. i, p. 33.] 

The deposition of Elias Bickford & Thomas Snelling 
These deponents say that M'' pickard promised steephen fford 
& Richard Endle that what Stage rome he had taken from them 
& upon w"^ they had bestowed Labour he would Render it up to 
them at y^ end of the voyage & he would give it under his hand 
soe to doe, & if they the s^ fford & Endle did need stage roome in 
the winter, they should have w* they needed in his the s*^ pick- 
ards stage, it was replyed that it were lett alone he would keep it 
ye gd M"" Pickard answered no not for his part he would not 
Keepe it they should have it againe & further saith not 
Portsmouth y*^ 18" June 1660 taken upon oath before me 

Elias Stileman Comiss"^ 

[Court Papers, vol. i, p. 35.] 

The Deposition of Abell Addams aged 40 yeers 
This depon* saith that his Dame Hunckins sent him in her 
name to borrow of waiter Abbut his two oxen & he should have 



NEW HAMPSHIRE COURT RECORDS 463 

hers in y rome the w'' said oxen when this deponent received 
them of y servant of waiter Abbutt afores*^ were in as good con- 
dition as they were all the winter & as fitt for worke & noe de- 
fectiveness at all appearing in them to y best Knowledg & ob- 
serv'ac'on of this depon*, & further Saith not. 

Portsmouth: 2 Aprill 1660 Taken upon oath before us 

( Brian Pendleton 
Comiso'" I Henrie Sherburne 
[ Elias Stileman 

[Court Papers, vol. i, p. 37.] 

The deposition of Christopher Christophers aged 26 yeers 
This deponent saith that he heard m'' Edward pickard prom- 
ise Stephen fford & Richard Endle that he would deliver up 
againe at y" end of y voyage the stage room that he had taken 
from them, & in the winter voyage should have soe much stage 
roome in his stage as they needeth and further this depon* saith 
that the roome M'' pickard took away fro' the s*^ fford & Endle 
was aboute 4 or 5 foote in bredth & the Length of the stage & 
w* charge be the s*^ Pickard was at he would give it them ffreely 
& further saith not 

Portsmouth y 18° June 1660 Taken upon oath before me 

Elias Stileman Com'iss'' 

[Court Papers, vol. i, p. 37.] 

The deposition of Edward Ball aged aboute 30 yeers 
This deponent Saith that he this depon* being in the serviss of 
steephen fford did in the behalfe of y<" s*^ fford take possesions 
of some stage roome for Inlargem' of y s'^ ffords stage & had 
laid timber upon it & sett up standerds & wall plates how far 
they would goe, the w"^ rome in the absence of the s^^ fford & 
company m' Edmond pickard cutt down the worke the s^ 
fford had done upon it. & began to build upon it for himselfe, 
the w°*> when y^ s'^ fford understood he went to m'' pickard & 
told him of it, & after some dispute aboute it y^ s*^ pickard in 
y^ hearing of this deponent promised to the s^ fford that if the 



464 NEW HAMPSHIRE COURT RECORDS 

s'^ fford did stand in need of roome he should have soe much 
rome in his stage «& at y^ end of y^ voyage he would surrend' 
it up againe & would give him the labour freely the s^ pickard 
was at aboute or upon it at y" end of y^ voyage & further 
saith — 

Portsmouth y^ 18° June 1660 Taken upon oath befor me 

Elias Stileman Comiss'' 

[Court Papers, vol. i, p. 39.] 

The deposition of Benedick Olliver aged 31 yeers. 

This depon* saith that a Certaine stage at Isles of Sholes in 
y« posession of steephen ford & Richard Endall, m"" pickard tooke 
away by force «& the s"^ fford & Endle opposing of him m"" pick- 
ard promised them that if they stood in need of it in there 
winter voyage they should have as much roome as they should 
need in his stage & at y^ end of the voyage he would surrender 
it up againe as much as they were then possessers of when he 
tooke it, w"'' was in breadth beetweene fower & five foote & in 
Length as far as the stage did runn & farther saith not 

Portsmouth 18° June 1660 Taken upon oath before me 

Elias Stileman Com'iss"" 

[Court Papers, vol. i, p. 41.] 

The Testimony of Dermond O Shehee [O'Shaw] Aged 50 
yeares, or thereabouts; 

Testifieth, that I have scene Alexander Joans wife pull downe 
the fence of George Waltons feild, and her cow in the feild 
severall tymes, And I goinge to turne her cow out of the feild, 
Goodwife Joans tould mee if I drive her cow out shee would 
putt her in againe ; And this hath shee done these Two or Three 
yeares, And the feild hath not bin planted these Three yeares 
& further saith not/ 

Taken upon oath this 29: 4: 60 Before mee 

Brian Pendleton 



NEW HAMPSHIRE COURT RECORDS 465 

[Court Papers, vol. i, p. 41.] 

A Juerey panelled By John Bickford Cunstable of Oyester 
River Concarning the death of James Morray this 1 1 daye of 
november 1659 Acedently killd By falling of A tree 

Edward Starbucke John Davis William follett John Meder 
William Smith Niven Agnew Charles Adams Thomas Willy 
James Bunker Jonnas Bines John Hill Thomas Stevenson 
Matthew Williames 

wee heare Panelled doe Jontly Agree that wee find A wound 
in his head made by A Lime of A tree falling downe upon his 
head which wee Aperehend is the Cause of his Death 

This verdict accepted by the Court June 27° 60 

^ Elias Stileman Clerk 

[Court Papers, vol. i, p. 45.] 

At Countie Cort at Portsmouth the 26 (4) 1660 
whereas much inconvenience doe fall out in want of execution 
of Justice & punishment of ofenders & y* many times they 
eskape punishment & thereby many il minded ^sons take 
Incourigement to do wickedly: haveing hope to eskape: & 
thereby god is much dishonered by sin incraseing 

Now for the p'Venting thareof this Court doth order y* a 
prisson house be bult in some Convenyant place in the towne 
of Dover of 20 foote long & 16 foote wide & 7 or 10 foote hige on 
the wall: with a good stone walled seller of 14 foote square at 
y* least with tow or 3 lorne rings made fast in y^ wall: with one 
or tow good planked floores in y^ same & allso that thare be 
provided convenient chans lockes guises & what other utinsells 
are nesesary to lay upon unruly ofendars And y* the Charges 
i be borne by way of rates upon the Countie: & Cap* pendleton 
j & Cap* waldurhn are aponted a Comite to see this woorke 
. . . ^formed And heereby they have power to require the 
above said worke by distraine or other ways & allso the said 
Comitie have power to presse men or what els is nidfull for 



466 NEW HAMPSHIRE COURT RECORDS 

the erecting the said worke paying Convenient wadges to those ■ 
y* they so imploy 

[Court Papers, vol. i, p. 47.] 

To y^ Constable of Portsmouth or his dep*^ 

You are required to attach y" goods & for want thereof the 
body of M' Edmond pickard & take bond of him to y« vallew of 
twentie pownds with sufficient security for his appearance at y« 
next Countie Court held at Portsmouth the last 3*^ day in this 
p''sent month to answ to y complaint of Stephen fford & Rich- 
ard Endle in an acc'on of the case for with holding a piece of 
Stage roome that he tooke out of there possession & promised to 
render it up againe at y^ end of they voyage & soe make returne 
und^ yo' hand dated y^ 18 June 1660 

^ Curia Elias Stileman 

[Court Papers, vol. i, p. 47.] 

To y^ Constables of Portsmouth & Dover 

You are forth with to summons a Jury to Inquire after the 
death of one that is found dead at Bloody poynt hereof faile not jj 
at yo'^ Perill dat: 27°: June 1660 ^ Elias Stileman Clerk 

[Court Papers, vol. i, p. 47.] 

The deposition of Jn° Jones aged aboute forty foure years — 

testifieth that he Bought one quarter of y" ox that is now in 

agitation in y Corte of walther Abott: & thatt itt was meate 

for man to eatte Being att thatt time of y" yeare & further this 

deponent sayth nott — 27 June 1660 

Taken upon oath in Court y^ 27° June 1660 

^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 49.] 

the deposichion of moris hoobes this deponiand witnesseth 
that about the begining of march last or thar about I being her 
at strawbery bank & gooeing two hamton from heur did see good 
man Abbott oxson in a tem in a slid loding with timber & the 



NEW HAMPSHIRE COURT RECORDS 467 

way bare with out snowe thay ware at a stand with the slid 
Cutting into the grownd the men kind with them on of the on 
side of them & the other on the other sid of them laying of good- 
man Abbott oxson with many blowes & I turning back severall 
times & I Colld not see the slid to gooe & furder I saith not 
Sworn in Court 27° June 60 ^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 49.] 

The deposition of Nicolous Row who saith that when Mark 
Hunkins had waiter Abbot his oxen he the said deponent saw 
him the saide mark Hunkins with his men beating and misusing 
the oxen most cruelly because they were not able to draw the 
timber wherewith they were Loaden and further saith not 

Sworn in Court 27° June 60 ^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 51.] 

the Deposition of John Foss 

This Deponent saith that he bought halfe a quarter of the ox 
now in question of gooddy Abbotts, & that Hee Could have no 
more of that quarter because he was so Bruised that it was not 
fitt to eat : & further not 

Taken upon oath in Court 27° June 1660 

^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 51.] 

the Deposition of marke bunking 

This Deponent Certifies that y^ oxe w"^ is Dead had a great 
Scowring in his body before John Hunkings wrought Him which 
oxe was waiter Abbots and further saith nott 

Taken upon oath in Court the 28 June 60 

^ Elias Stileman Cler 

[Court Papers, vol. i, p. 53.] 

The Deposition of Jasper Millor aged aboute 29 yeers 
This deponent saith that y« wife of John Hunkins borrowing 
of his master Walter Abbutt two oxen w"^ by his s*^ masters ord' 



468 NEW HAMPSHIRE COURT RECORDS 

duly deliver unto the messenger of the s'l Hunkings well & in 
as good health as ever they where & not any defect appearing in 
either of them to this depon*^ best Knowledg skill & observac'on, 
& further saith not 

Portsmouth y^ 2 Aprill 1660 Taken upon oath before us 

Brian Pendleton 
Elias Stileman 
Henrie Sherburne 

[Court Papers, vol. i, p. 53.] 

The Depossion of Jn° Pickerrin Aged 60 yeares or there abouts 

Testifieth that I was at the fflayinge of the Oxe of waiter 
Abbotts, w^ is now in Tryall & did helpe to Turne him out 
after hee was fflayed, and looke on both sides for blowes or 
strockes, but could ^ceive none, likwise helped to take out his 
intrells It showe not one bitt of ffatt, & could find noe reason of 
his death, except it wer mearly Povertie, & his hart was swollen 
more then Ordinary, & further saith not 

Rich: Comins, Aged 57 yeares or therabouts Doth Testifie to 
the same 

And wm. Gotten Aged 46 yeares, doe testifie to the above 
written. And further saith that seinge the Oxe before Hee was 
Dead, wee saw a bunch or swelling neere by his shoulder/ 

Sworne In Court y" 27° June 60 ^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 57.] 

wee whose names are under written beinge cald togeather & 
pannild a Jury by Phillop Chesley Constable of Dovor to vew 
& take notis of y« soden death of Thomas Canyda, doe find & 
declare as ffolloweth 

That y« sayd Thomas Canyda accordinge to our under- 
standinges was killd by a tree neare to y^ house of Thomas 
Humfres, y« tree beinge found uppon him, & was forced to be 
cutt before he could be got from under it, & this we judge was 
y* cause of his death witnes our handes 26: 10: 60 



i 



NEW HAMPSHIRE COURT RECORDS 469 

John Bickford Charles Adams 

John Davis Thomas willy 

Mathias Gyles wiliyam Smith 

willm willyams pattericke Ginison 

John Meader James middleton 

Thomas Stevenson Joe feild 

Steven Joanes 
Taken uppon oath y^ day & yeare above mentioned before me 

Valentine Hill Comisioner 

[Court Papers, vol. i, p. 57.] 

[Testimony of Samuel Haines about Walter Abbott's ox. 
Illegible.] 

[Court Papers, vol. i, p. 59.] 

Deare brother & sister 

You either are angry w^^ me, or have a jealousy of me; an 
imaginary cause I conceive, because I could not doe impossi- 
bilityes to send to you when I could not; therefore I had no 
letter from you this springe, & you would bee jealous of my reall 
performance of my promise to my cousin John concerninge that 
child. I received a letter from you 4 yeeres since, & another this 
time two yeeres since, & used all meanes possible to send to you, 
both by my selfe & others, tooke severall journeyes to find out 
how to send safely & could not; & those times I had cloth & 
sarge ready to be sent; but this you knew not, so I cannot blame 
you. And this time 2 yeere in your letter dated October 23, w"'' 
I received the end of March followinge, in w"^ you ordered to 
have it sent by one m' John Payne, I sent up by a speciall freind 
to London to speake wth the host of y^ 3 Cupps in Breadstreet, 
& he could heare of none such younge man as M'' Payne, & the 
ships went away (as I was informed) for New England, in 3 days 
after my letters came to me, I rode to Cherton to confer with my 
uncle White about sendinge, & he knew not how: but to insist no 
longer on this, I have now sent you 3 karsyes for that twelve 



470 NEW HAMPSHIRE COURT RECORDS 

pounds due to you, wch come to 14'''; I wish you may have them 
safe, they are warranted to me for very good, & I had them 
fro' a very friend, namely M" Spratt the ministers widowe, who 
hath a good hand in clothinge : one karsey is of a Hght grey, the 
two others of a middle grey, & packed up, & sent to one M"" 
James Ray a factor at Blackwell hall in London, to be sent to one 
M' Raynes in New England for you : this direction is exact to my 
brothers sonnes letter to me, for your letter to him I have not; & 
have beene troubled at it, for y* the younge man mistakes, this 
packe of karsyes though now at London may fayle also: I sup- 
pose you both & all my cousins & their little ones are in health, 
though my cousin William Thompson writt not a word of it my 
prayers are to God for your health, welfare & prosperity and 
though we are farre remote & distant fro' each other in regard of 
bodyes, yet wee have that priviledge to meet at throne of grace, 
wch priviledge I desire wee may improve to Gods glory, each 
others & the Churches benifitt: I hope my cousin Johns children 
are with you & that you are as father & mother to them. I was 
sory to heare of the death of my cousin Esther : in that last letter 
of yours of October 23, 1657, you writt that you had sent me 
another letter inclosed in my uncle Whites by a Marleborough 
man wch letter neither he nor I ever received: my son Samuel 
almost had broken my heart, in provinge so wild & rude & disso- 
lute, but now he is once more at schoole at Ilmister where as yet 
he does well & is almost fitt for Oxford, I had designed him for a 
barrister at Lawe, but God knowes what he wilbe: my daughter 
Mall is (I blesse God) a religious & vertuous younge woman, and 
hopefully answeres my great costs in breedinge of her, wch hath 
beene in no ordinary way or no little expences: my daughter 
Martha dyed of the poxe 2 yeeres since: their good mother is 
wth me, so hath beene neere 6 yeeres: my dearest & most affec- 
tionate love & respets presents it selfe cordially to you my lov- 
inge brother & sister, & my deare Malls service to you, heartily 
rememberinge all our cousins by name. The God of all mercy 
vouchsafe you all suitable mercyes to all your severall respective 



NEW HAMPSHIRE COURT RECORDS 47I 

wants & condicions, to whom you are all knowen, though I at 
such a distance knowe not how it is with you. to Gods gracious 
protection & blessinge I humbly com'end us, all ours, & the care 
of all his Churches: & ever remayne Brother & sister y most 
affectionate, ever lovinge & faythfull brother & remembrance at 
the throne of Grace Sam : Thomsonn 

Taunton March 27**^ 1660 

[Court Papers, vol. i, p. 6i.] 

To y* Constable of Portsmouth or his dep*^ 

You are required to attach y« goods & for want thereof the 
body of Jn" Pickering & take bond of him to y vallu of 12^ with 
sufficient securite for his appearance at y" next Com'ission Court 
held at Portsmouth then & there to Answ y" compla*^ of Walter 
Abbut in an acc'on of debt of seaven pounds 12^ 6*^ as may appear 
by booke with due damage & soe make return und'' yo"^ hand : 
dated 19° June 1660 Curia Elias Stileman 

This attachm* was Served upon y house of Jn° Pickering 
according to y tenn'' of this attachm* by me Ric: Jackson Con- 
stable this 19*** of June 1660 

This is a true Coppie taken out of y^ Com'ission Court Rec- 
ords: 18 June 1 66 1 ^ Elias Stileman Comiss"' 

[Court Papers, vol. i, p. 63.] 

Knowe all men by theise ^sents that I John Davis of the Isle 
of Shoales ffisherman do acknowledge my self to owe and to be 
endebted unto John Cutt of Portsmouth Merchant the sume of 
Twentie pounds of lawfull Money to bee paid unto the said John 
Cutt his Executo" Administrato"^' or Assignes unto the which 
payment well and trulie to bee made and done I binde mee mine 
Execut" Administrato" and Assignes firmly by theise ^nts in 
witnes whereof I have hereunto set my hand and scale dated this 
Twentie fourth day of June 1661 

The condic'on of this obligac'on is such that if the above bound 
John Davis his Executo" Administrato" or Assignes or any of 



472 NEW HAMPSHIRE COURT RECORDS 

them doe well and trulie pay or cause to be paid unto the above 
named John Cutt his Executo" Administrate or Assignes the 
sume of Tenn pounds sixeteene shillings five pence viz* the one 
halfe in good & Marchantable Mackerill & ffish at the now 
dwelling house of the said John Cutt as Mackerill is taken at 
price Currant the other halfe in the spring next in good Mar- 
channtable dry Codd ffish as the said John Cutt shall have occa- 
sion to make use of it but if it shall happen that default of pay- 
ment shall happen to be made either in ^t or in the whole that 
then the whole shalbee all due ^ntly that then this ^nt obliga- 
c'on to bee void and of none effect or else to bee abide & remaine 
in full force power & virtue Jn° Davis X his marke 

Sealed and delivered in ^nc of Edward Melcher 

Ric: Stileman. Scr: 

[Court Papers, vol. i, p. 63.] 

The deposision of Lenard wickes this deponiant saith that I 

and Andrew Cunstabell being in sum tim the Last winter 

this Andrew Cunstabell deid tell me that Mathi hanes mare 
hav had no Coult this twoo yeres time & that mar which is 
meathy hanes mar is but three yeres ould now «& farde saith not 

Taken upon oath 26 June 1661 in Court 

^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 65.] 

Reasons of John Pickerings Appeals in the case with Walter 
Abbott fro' y" Com'ission" Judgmt at Portsmouth to y^ County 
Court 

ffirst That no mans Book is taken and received for an F2vidence 
to ^ve a debt by his owne Attest to his book as is plentifully 
owned in all o"" Courts of . . . .cature, Soe y* the pi* affirmes itt 
is ag* Lawe to gete a sentence ag* him w^'^out tryall testimonie 
for if Abbotts Booke be taken for evidence W'^out furth"" ^fe of 
his debt, Then Consequently what so ev hee chargeth upon me 
makes me a debtor if it be lOo' (though nothing due) 

2 R That where as Walter Abbott saes the Comp' a debt is 



NEW HAMPSHIRE COURT RECORDS 473 

71 12' 6^^ due by booke nothing is legally ^ved as by ... . Courts 
Records to give a . . . . ag* the plaintiffe 

3 R the plaintiffe doth not owne this debt of 7' I2« 6'' neither 
knowes how, nor for what hee is debtor nothing being ^ved ag* 
him, but as Abbott & wife Sayes itt was for wine & Liquors, but 
the time when I had itt is not ^ved neither the daye month, or 
yeare, or whethr I had itt by the gill, pint, Quart or Gallon wch 
I desire may be ^ved, & y* my estate may not be taken away 
from mee contrary to Law and Equitye 

4 R That there is presidents of oth' Courts y' no man shall 
recov a debt w^''out two witnesses, but in this case no legall testi- 
mony Appeares, & so no cauvse of any such sentence or grownd 
of Acco' ag* me the marke of X John Pickering 

[Court Papers, vol. i, p. 67.] 

The answere of waiter Abbitt unto the Reasons of John 
Pickeringe given unto this courte now settinge 

The first reason wee denie for in soe sainge bee bleamesheth 
the hole courte, for being practised in other courts it is a diss- 
honer unto those comissioners that where then settinge for the 
sentence then given was legally proved by the commissioners 
that were then settinge & for consequence in law wee owne noe 
such practtice to over throw a righteous case 

2 To this I answere nothinge onlie reservinge it to the com- 
issioners who gave sentence accordinge to the evidence they had 
w"'' proved the debt accordinge to his booke 

3 Thirdlie wee answere that the plantiffe doe not owne it & 
wee question whether hee will or noe for it was nott onlie af- 
fermed by mee & my wife but alsoe by my servants, & therfore to 
give acco: for sellinge by gill pinte q* or gall: w^ hath binn all- 
readie proved to the comissioners therfore noe estate taken from 
him contrarie to law 

4 ffourthly wee answere this that it is a horred thinge to have 
the comissioners thus blemeshed who did not act w*''out the 
testamony of 2 or 3 wittnesses Walter Abbitt 



474 NEW HAMPSHIRE COURT RECORDS 

[Court Papers, vol. i, p. 69.] 

The plea of Sam: Hall Compl* ag* Chesley in an acco' of 
Slaunder for his Damages. 

ffirst The ffundamentall Law of this com'onwealth ^vides 
for the securitye of every mans life, good name & estate as in 
page 1st the defendant Phillip Chesley charg the plaintiff with 
Couzning & Cheating him the said Chesley of Tenn pounds or 
more wch the pi hath plentifully and legally ^ved is great and 
exceeding great discredditt to the hono' and good name of the 
plaintiff being publiquely knowen all over the Contry as also is 
in Considerable dealinges in a way of merchandize for England 
Berbados & other places for many hundred pounds so y* hee 
is deepely or rather deadly wounded in his Creditt by Chesley 
that hath so defamed the plaintiff in speaking these words ag* 
him att Salisbury boston and all other places where he hath gone 
y* hee had Cheated & Cozened him of lo^ or more as is proved 
so y* the pi is Damnifyed in his Creditt above five hundred 
pounds the plaintif humbly craves the benefitt of the Law to 
releive him and to repaire his bono"" and good name wch hee 
Esteemes as his life 

2 plea No greater Injury can bee imposed upon a man then to 
be wounded in his name & Creditt and to have his name stayned 
as the deft hath done to the plaintiff y* is in a way of Trayd both 
for him selfe and others: publique Slaunders spreads over all the 
Contry (as lightning from one side of the heavens to another) 
So y* the plaintiffe to have his good Name stayned and taken 
away itt is irreperable. No man will Credditt a man y* is a 
cheating Knave & a Couzning Knave Iff the Defendant prove 
his charg then lett the plaintiffe suffer according to Lawe: but 
other wise the pi humbly desires Justice to y" Extent of the Law 
to the full satisfacco' of y great injury Done unto him both in his 
name & estate 

3ly the plaintiff further to ^ve his Damage Chesley Sued him 
att Hampton before any money was legally due to him as the 
plaintiff proves by M' Hilton & William Burgame, and offers to 



NEW HAMPSHIRE COURT RECORDS 475 

y« worepfull Court that they Testifie upon oath y* Chesley was to 
bring the plaintiff a receipt from William Kolcupp of Boston to 
Salisbury of the Nomber and weight of the Skins, wch the plain- 
tiff affirmes that hee never showed him any receipt there from 
William Kilcup, but Chesley left a coppic of a receipt wherein hee 
added 9' 6'^ or there about, more then the remainder of the Skins 
came to: The plaintiff was not bound, nor ought not for his 
owne securitye to pay money from Coppies of receipts not know- 
ing but his Coppies might be false but untill the pi receive the 
originall receipt hee was not debtor to him: Neither did Chesley 
^ ^ve in Court that hee ever did show the plaintiffe the originall 
yett the Jury brought a verdict ag* the pi & above three pounds 
Costs so yt the plaintiffe was damnified wth his owne Charges 
ffive pounds. The plaintiff pleaded in Court y^ hee sued before 
any money was legally due to him wch is proved by his owne 
Testimony And further att the same time y* the plaintiff bought 
the mouse skins of Chesley hee also bought of him ffiftye Nine 
pounds of Beaver & paid him Money for it. Chesley weighed 
the Beaver in stillyards att one draught, the pi did not question 
his honesty for the weight of itt: Butt att the same tyme sent 
the same ^cell of Beaver to William Kelcup of Boston & hee 
reckand the Nomber of the skins as hee informes by his letter hee 
weighed the skins and there was butt 49 pounds & 4 ounces so y* 
the plaintiff looseth all most Ten pound of Beaver by Chesley 
wherein the pi is really damnifyed & desires the Court & Jury 
to Consider itt. That if his weight was true & the Beaver drie 
and merchandable as itt jusly ought to bee hee is to make the pi 
restitution. 

4ly Whereas Chesley chargeth the pi y* hee had Couzened & 
cheated him of lo^ or more the plaintiff answeres that if Chesley 
itook him to bee the Cheatesting Knave in the Contry yett he 
could not Couzen & cheat him: for these reasons: ffirst Chesley 
had witness of his bargaine: 2ly hee had the benefitt of the Law 
to give evrye man his just right: 3ly hee well knew that the pi 
had an estate in the Contry And if the pi had had noe Estate the 



476 NEW HAMPSHIRE COURT RECORDS 

Law ^vides y* hee should satisfye the Credditor by service Soe 
that hee was in no danger to be couzned & cheated and so no 
grownds of charging this high slaunder upon the pi but itt 
plainely appeares y* hee hath wittingly & willingly charded him 
to take away his good Name & credditt: & further the plaintiff 
alleadgeth in his pleading y* hee could not Cheat Chesley of Ten 
pounds for the remainder of the pay for the Mouse skins came 
but to 9' 12^ 6*^ as is proved by Records in the Court, And Chesley 
confessed to the Marshall y* served the Execution for his charges 
that the pi paid him 10^ in money upon y^ judgm* so y' the pi 
hath paid to Chesley seaven shillings & thre pence more then 
was his due, so y* the pi desires the worepfull court to judge who 
is the Cheater: yett the pi hopes the Jury will consider y^ over 
paymt wherein hee is Damnified y* hee may have his money 
retorned to him from Chesley who is ready to pockkett by such 
wrongs. 

5ly The pi alleadgeth y* the defendant as hee is informed hath 
bene att Boston Newbery Salisbury Hamton & other places to 
inquire of any ^sons y* had difference with the pi to trye if hee 
could gather up any mattr y* might reflect upon or further De- 
fame the pi wch the plaintiffe conceives that itt is a great aggra- 
vation to his former charge And itt doth argue his malchous 
wicked purpose ag* the pi wch is a great degree of Murder to take 
away his name & credditt : so that the pi desires the Court & Jury 
to consider of itt how greatly hee suffers by the Deft y* restlesly 
goes about to destroy him in his name & estate y* the pi may be 
well considered in his Damages : ffor a man y* is soe wounded in 
his Credditt that no more credditt in the world then hee hath of 
the world My In'ocence makes mee bold for I know in my 
Conscience that all the men in the world can'ott prove any such 
fact ag* me in all my transaccons: Unlesse false witnes be sub- 
bournd ag* me so y* itt concerns the pi to . . . his name & 
credditt y' suffers by Chesley both here in this Contry England 
& in other places where the plaintiff hath com'erce for no man , 
will deale with a man y* is Defamed to be a cheatinge & Cou- j 



NEW HAMPSHIRE COURT RECORDS 477 

sining Knave as Chesley hath Chard the pi wthall & so Com'itts 
the cause to the worepfull Court to judge & to the Jury who are 
upon oath to give in their verdict according to evidence/ 

[Court Papers, vol. i, p. 73.] 

these presents witneseth that I william ffurbur have bargined 
and sould to antoni nuter all my Right and title of my grant of 
fresh Creeke both of timber and land and water for a saw mill 
witnes my hand this fourtenth of may 1653 for good causes and 
in considarationes moving me thereto william ffurber 

witnes hatevill nuter william pumfret 

[Court Papers, vol. i, p. 73.] 

At A Publick towne meitting holden the 10*^ 1**^ mo 55 56 
Orderred and a Greed uppon that whear as thear is Severall 
grants of lands made by the towne to the inhabetants of wich Som 
ar in Contreversie wee doe heirby declaer that wee have Chosen 
Elder william wentworth John haerd John Bickford left Hall 
william ffurber to bound any of our lands wich ar or shall be in 
Contreversie betwixt us and anie of our Inhabetants or nabeors 
and likwise doe heirby ingaige to Rest satesfied with thear de- 
vetion whether it be moer or les then our grants provided the 
Parsons acting heirin be apon thear oathes to lay it out acording 
to Every mans grant as neir as theay Can to thear best Judg- 
ment and understanding wich being by them or anie three of 
them afoermenshened shall stand for a Correct ackt and the 
parsons to Contenew in this sarves tell new be Chosen taken 
apon oeth befoer Capt Wiggins the day and yeir above sayd 
Vera Copea ^ me William Pomfrett towne Clarke 

[Court Papers, vol. i, p. 75.] 

The Exammination of Mary Agawam An Indian Serv* to 
George Walton, being with child 

This examinat being examined whether she was with child 
Answered yes 



478 NEW HAMPSHIRE COURT RECORDS 

being asked whoe was the father of her child she answred one 
of m*^ Jacobs seamen Richd Sheaf e by name 

It was asked how Long since 

she answred five monthes 

It was asked her whether by day or night 

she answred by day towards the evening on y« Lords day she 
said moreover that it was in y« little chamber upon the bed : 

Taken by us Brian Pendleton 

Elias Stileman 
Comiss" 

[Court Papers, vol. i, p. 76.] 

The Court haveinge heard & Considred the presentment 
agaynst Abraham Perkins & m"^ Cotten clogsten with the wit- 
neses & the defence of the aboves** 

doe find that the Evidense was but a single testimony & yet 
backt with a witnes from will Sanbornes wife & all other .... 
that did appeare 

upon Consideration of all the premises the sentence of the 
Court is that the aboves'i mr Cotten shall bee seriously admon- 
ished by the Court & pay the Charge of the witnes & soe bee 
discharged 

[Court Papers, vol. i, p. 77.] 

The deposition of m' Andrew Wiggin 

this deponent witnesseth that the mare now in controversy 
betweene Mathew Hamme & James Johnson was wintered at 
qnomscooke as Mathew Hamm his mare this deponent further 
witnesseth that James Johnson tolde him that if the saide mare 
had not such and such markes shee was none of his and this 
deponent witnesseth that he vieud the said mare and shee had 
not the markes which he Describd his mare by and further saith 
not 

this deposition taken upon oath the 2 day: 3 mo: 1661 before 
mee Tho: Wiggin 



NEW HAMPSHIRE COURT RECORDS 479 

[Court Papers, vol. i, p. 77.] 

To the Constable of Dover, or his Deputy — 

You are hereby Required to attach the goods or for want 
thereof the Bodyes of William furbur & Thomas Cannye & to 
take Bond of them to the value of thirty six pounds wth sufficient 
surety or suretyes for their personall appearances at the next 
County Courte held at Dover or porchmouth, then & there to 
answere the Complaint of Peter Coffin Treasurer in the behalfe 
of the Towne of Dover in an Action of the Case for with holdinge 
Rent due to the Towne of Dover for the Accomodations of a 
Sawmill at fresh Creek from the yeare 56 at six pound ^ Annum, 
& damage for want thereof: & so make a true Returne hereof 
under your hand. 18: 4 m: 1661 

^ Curia Charles Buckner 

[Return by John Roberts, constable, 20 4 m. 1661.] 

[Court Papers, vol. i, p. 79.] 

1660 the deposition of Nathanell Drake & Jane his wife theas 
deponiant witnesseth that the last sumer either in July or August 
or thar abowtes I & my wife being at hamton at goodman trickes 
thar was M' Andrew wigenes & he did desier mee to speake to 
goodman Jonson or send sum word that he woolld Come & fech 
away his mare for sales Andrewe wee have a stray mare at ouer 
hows which Came home Exeter with our horses the last wenter 
which wee Can not tell hooe dooe owe hur except it be goodman 
Jonson for sales he shee is veir lick the mare which he inquiered 
after & furder saithe not 

Taken upon oath by Jane Drake the 24 June 1661 before me 

Elias Stileman Com'iss' 

Nath: drake took oath in court 26 June 1661 

Elias Stileman 

[Court Papers, vol. i, p. 79.] 

the deposision of John Robinson aged abowt 45 this deponiant 
saith that hee heard M^ Andrew wigenes say that this mare in 



480 NEW HAMPSHIRE COURT RECORDS 

Controversey between Jeames Johnson & mathie hame was a 
stray mare & this mare I did see at Exetor towne with out aney 
Company of horses or mares but Cattell two or three times & this 
mare I sawe sence at goodman Jonson hows senc & I hearing of a 
stray mare at Captin wigenes I being Constabell went down to 
his hows & asked him about it whither thar was such a stray 
mare or noe & he toulld me hee Coolld not tell & furder saith not 
Taken upon oath before the Court 26 June 1661 

^ Elias Stileman Cler 

[Court Papers, vol. i, p. 81.] 

The deposishon of mary dow 

The deponant saith she heard Goody Sket say that Goody 
Abbot was the Caues of Loosing her Child and Goody Abbot 
Cam In with her fase Cracht and All blody and had much A due 
to kip Lif In her and forder mor the deponant saith not 

Taken upon oath in Com'isson Court the 5 aug* 1661 

^ Elias Stileman Comis' 

[Court Papers, vol. i, p. 81.] 

the deposishion of John Berry this deponiant saith that heard 
William morres & Nickolas Mores & Jeames godfre at Captin 
wigenes hows say in October 1660 or thar aboutes that the mare 
in the hands of Jeames Jonson & now in Controvarsi betwen 
the said Jeames Jonson & Mathew Hame that the said mare Cam 
not to Captin wigenes tell the last winter & firther saith not 

Sworn in Court the 26 June 1661 : ^ Elias Stileman Cler 

[Court Papers, vol. i, p. 81.] 

To y® M'"shall of Portsmouth or his dep*« 

you are required to attach y« goods & for want thereof the body 
of James Johnson & take bond of him to y® valine of Thirtie 
pownds with sufficient securitie for his appearance at y*' next 
Countie Court held at Dover the last 3"^ day in this p'nt m° to 
answ' to y^ compla* of Mathew Ham in an acc'on of y^ case for 



NEW HAMPSHIRE COURT RECORDS 48 1 

detaining a Mare of his y^ s"^ Ham s'^ Mare was wintered at Cap* 
Wiggins severall winters & talcen from tlience by the s<^ Johnson 
und' a pretence of being his owne, & is to y® damage of y* s^ 
Ham, & soe make returne und' yo' hand da: 8: June 1661 

^ Court Elias Stileman 

this attachmend was sarved on the hous & land of James 
Johnson the 11 of June 1661 by mee 

huybrecht matton marshall 

[Court Papers, vol. i, p. 83.] 

The Deposision of william Brumfeild 

This Deponant wittnesseth that he being at a bargaine making 
between Thomas Johnson of oister river and Rise Howell of the 
said river which was to this effect, that if the said Howell would 
leave the place he was then in where he had good wages and 
come and Live with the Said Johnson he should have four acres 
of land Joyning to his feild the said Howell Breaking of it up, 
and house roome to dwell in all which the said Howell was to 
in joy as Long as he lived and further saith not 

Deposed 27*^ July 1661 Before me Tho: Wiggin 

[Court Papers, vol. i, p. 83.] 

The deposition of Andrew Constable 

This deponent witneseth that y^ mare in controvercie betwene 
Maf^ Ham and James Janson be the sayd deponent knew as a 
colt w*=^ Mat Hams black mare had folloing as his and was al- 
ways taken for Mat Hams colte and this deponent farther wit- 
neseth that the said mare wintered at quamscook two or three 
years as mat Hams mare and he the sayd deponent doth further 
witnes that James Janson did tell him if the said mare had not 
.... whit feet and a whit .... or streak over one of hir nostrells 
shee was none of his w"'' the mare in controvercie hath not: and 
further saith not 

deposed the 13 of the 3 m° 1661 before me Tho Wiggin 



482 NEW HAMPSHIRE COURT RECORDS 

[Court Papers, vol. I, p. 85.] 

The deposichon of m"^ Edward Welch 

The deeponant doth her testyfy and Confarme that Rich Alli- 
son have sent for his wif by mee and I have fully and soly In 
Gaydgd my self to bring her over or Cawes her to bee Brot over 
If she bee Living or will Com a long with mee and furder the 
Deponant sayth nott 

Juely y^ Edward Wilch 

this I was not willinge give oath for but doe atest that this is 
m' Edward werlch his promise to bringe Rich Alessons wife if 
shee will Come with him 17: 5: 61 Brian Pendleton 

[Court Papers, vol. i, p. 85.] 

The testimony of Nathaniell starbuk ageged aboute twenty 
five yeares seath that aboute three or foure yeares agow beeinge 
in company with will furber and Joseph Austine william furber 
desiered mee to take notise that hee had sold the meado now in 
contreversy onto francis lettell feld and taken pay for ite: and 
the sead furber sead to Joseph Austine that hee should sue him 
the sead furber for ite and he would owne the salle of ite and 
make ite good: and the sead ffurber sead farther that Joseph 
Austine should keepe what wase in his hand of his till hee had 
made good what hee had sold : and farther seath note 

Deposed in Court 27 June 1661 ^ Elias Stileman Cler 

[Court Papers, vol. i, p. 87.] 

To the Constable of Dover or his Deputy — 

You are hereby Required to attach the goods or for want 
thereof the Body of William furbur & to take Bond of him to the 
value of forty pounds, w**» sufficient surety or suretyes for his 
personall appearance at the next County Court held at Dover or 
porchmouth, then & there to answere to the Complaint of francis 
Littlefield in an Action of the Case for with holding twelve Acres 
of Marsh, w"** the said Littlefeild Bought of the said furbur at 
Cocheche by the side of the great Hill & Damage for want there- 



NEW HAMPSHIRE COURT RECORDS 483 

of, & SO make a true Returne hereof under your hand. i8: 4 m° 
1661 ^ Curia Charles Buckner 

this warrant served in hands of wille furber by me the 20 4 m 
1661 John Robearts Constable 

[Court Papers, vol. i, p. 87.] 

The Deposision of Pichelop [Philip] Chesley 

this deponant wettneseth that hee Being at a Bargaine making 
between Thomas Johnson of Oister River and Rise Howell of the 
Said river which was to this Effectt that if the said Howell would 
Leave the places hee was then in where he hade good wages and 
Come and Live with the side Johnson hee should have fouer 
Ackers of Land Joyning to his feild the Said Howell Breaking of 
it up and house Roome to dwell in all wch the said howell was to 
in Joye as Long as he lived and further saith not 

Deposed 27**^ July 1661 

[Court Papers, vol. i, p. 89.] 

The Deposition of Thomas Roberts aged 25 yeares or there- 
abouts 

This deponent saith that he beinge in Lef* Halls seller, he 
heard philyip Chesly Call J° Redman ... & did affront him in 
many words, & withall said, if he had the sd Redman in a great 
gun, he would shoot him to the Devill — 

deposed in Court y« 27 June 1661 ^ Elias Stileman Cler 

[Court Papers, vol. i, p. 89.] 

The Deposition of Edward Colcord aged 45 yeares, or there- 
abouts 

This Deponent saith that beinge at M' John Cutt his house 
this last spring of the yeare, Philipp Chesly beinge then in Com- 
pany w**' M' Richard Stileman, did say tenn times over & more, 
that he did hope this Goverment would Change shortly, & then 
he the s*^ Chesly was resolved to be the first man that should 
lay hold of that Rogue Moody, to Cutt his throat 



484 NEW HAMPSHIRE COURT RECORDS 

Edward Colcord tooke his oath to this in Court held at Dover 
27° June 1 661 ^ Elias Stileman Cler 

[Court Papers, vol. i, p. 89.] 

The Deposition of John Hill aged 35 yeares or thereabouts 
This Deponent saith that when the grand Jury were takinge 
the Deposition of Edward Colcord, philip Chesly Came in 
among them, & in much rage desired that the Deposition might 
be read, & withall told the s^ Colcord that he would be even w*'' 
him before night, upon w"^ this deponent bad him depart, for 
he had no business there 

Sworn in Court 27 June 1661 ^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 91.] 

The Deposition of Ann Elliott 

This depon* Saith that being at y^ house of Walter Abbutt, 
she this depon* saw the wife of waiter Abbutt & Allice Cate at 
difference, the occasion this depon* Knowes not, but this depon* 
saw the thumb of Sarah Abbut in the mouth of Allice Cate & 
this depon* to gett the thumb of y'' s^ Sarah out of the mouth 
of y^ s^ Allice Skates mouth thrust her the s^ Allice downe 
before she this depon* could part them & get her thumb out of 
her mouth, further this depon* sath that she this depon* heare 
the wife of James Cate afores*^ say that she meaning the s'* sarah 
Abbut had been y" cause of Loosing her the s*^ Allice Cates child, 
& y* she the s^ Allice would make her the s'^ sarah Keep ordinary 
noe Longer, & bring her y" sarahs children to y^ ^rish & further 
this depon* sath not 

Taken upon oath y" 5*^ Aug* 1661 in Comiss" Court 

^ Elias Stileman Comiss' 

[Court Papers, vol. i, p. 91.] 

The deposishon of Elizibeth Lock 

The deponant saith she heard Goody Sket say that Goody 
Abat was the Caus of Loosing her Child and Goody Abbat Cam 



NEW HAMPSHIRE COURT RECORDS 485 

In with her fas All blody and Cracht and whee had much a due 
to kep Lif In her and forder mor the deponant saith not 

Taken upon oath before the com'ission court y 5 august 1661 

^ Elias Stileman Com*iss' 

[Court Papers, vol. i, p. 93.] 

The testimony of Joseph Austin aged about forty foure yeares 
seath that about three or foure yeares agone william furber owned 
that he had sold the marsh now in contreeversy unto francis let- 
tellfeld and taken pay for ite: and If you sue any one for ite sue 
mee for I must mak ite good sayd william ffurber and farther 
seath note: 

Depo^'i In Court the 27° June 1661 ^ Elias Stileman 

[Court Papers, vol. i, p. 93.] 

The Deposition of Thomas Beard 

This Deponent saith that beinge in Lief* Halls seller He heard 
philip Chesley Call Edward Colcord Rogue & Rascall, & that he 
deserved to be sold to the Berbadoes or Virginia, & he would doe 
it if he Could, & further not 

I, John Wingett doe testify the same 

deposed in Court 27° June 1661 ^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 93.] 

The deposishon of Ann Jones 

the deponant saith she heard a distourbanc A brod she Cam 
out and she say Goody sket down and with that Goody Abat 
Cried owt she had a most bit of my thom and I saw them both 
blody and Goody Sket sayd Goody Abbat was the Cawes of 
Lowsing her Child and forder the deponant sayth not 

Taken upon oath before y^ comiss Court s*^ august 1661 

^ Elias Stileman Com'iss' 

[Court Papers, vol. i, p. 95.] 

apr: 20: 1661 

Philip Chesly bound in a bond of twenty pound that he shall 
keepe the peace with all people and especially with his wife and 



486 NEW HAMPSHIRE COURT RECORDS 

allsoe to appear at Dover Court there to answer to the Complaint 
of his wife this bond taken by mee Tho Wiggin 

[Court Papers, vol. i, p. 95.] 

To y Constable of Dover or his dep*^ 

You are required to attach y« goods & for want thereof the 
body of Ralph Quamley & take bond of him to y^ vallue of eight 
pounds with sufficient securite for his appearance at y^ next 
Counte Court held at Dover the last 3** day in June next to AnsW 
to y« compla* of Abram Conly in an acc'on of y^ case for refusing 
to pay him for the one halfe of a barrell of powd'' bought of y^ 
s*^ Conley the whole barr" bought by him & Jn° Roberts at 7' 
158 w*'' due damages for his sayd hafe part & soe make return 
und' yo' hand: dated 31*^ May 1661 

^ Court Elias Stileman 

this warrant served by me upon the lands of Raf tomly the 16: 
4 m 1 661 John Robearts Constable 

[Court Papers, vol. i, p. 95.] 

The testimony of John Robertes testifieth that goodman 
Canly came to know wether I would bye >^ a b' of powder with 
Rafe twamly: I answered him ife Rafe would have yi that I 
would have the other: wear upon the sead Canly went to Rafes 
and came to mee ageane and the sead Canly sead that Rafe 
would desiere mee to fech ite: opon w"'' I went to fech ite and 
brought it to my house: and farther testifieth that after wards 
goodman Cunly came to demand pay for ite and my selfe and 
Rafe told him that ite was lost : weare opon he was contented to 
take three pond apese of us for ite and I told the sead Cunly 
that I would pay my halfe peart wich wase three ponds: and 
the sead twamly seemed to bee content with ite: and farther 
seath not: 

Taken upon oath before y* Court held at Dover y 25" June 
1 66 1 ^ Elias Stileman Cler 



NEW HAMPSHIRE COURT RECORDS 487 

[Court Papers, vol. i, p. 97,] 

ffrom the He of shouldes the 26 day of June 1661 
To all peapell home this my Conserne that there is A Com- 
plinte mad Against one Thomas wages of piscataquay that hath 
lived heare Soum Sertaine yeares in this Countrie on land is 
now to Apeare befour Court by warrant ffor Living ffrom his 
wiff Sires this is to certifie your worshipes that the saide Thamas 
wedge hath sente ffor his wiffe by manie and Severall letters to 
Com ffor this Countrie and shee would have Com bout by reson 
off her Agid ffather shee Could not leave her ffather bout since 
hear ffatheres desese she is now resoulvid to Com to this land 
by the way off barbadis or nouffondland to live with her hous- 
band this to certiffie you off A truth that the said thomas wages 
wiff is Comming to this Countrie verie spidilie this I testieffiee 
off A truth witnis my hand Gregory ffoye 

I can witenes this that of a truth that he hath sent for his 
wiffe severall times william Seavey 

[Court Papers, vol. i, p. 97.] 

To home this may Conseaine that Thomas noke hath an- 
sered the leaw unto me John Robearts how was Constable for 
being overtaken in drincke 

Wheareas Thomas Nock was presented for drinking to much 
y offenc was taken nottoce of this winter being comitted with 
a John Roberts and he the sayd Thomas Nock came ashore to- 
gether att y^ Back Cove by me John Lyall 

[Court Papers, vol. i, p. 99.] 

Received of Phillip Chesly for y^ use & Accomp* of m' Sam: 
Hall nineteen Moose Skins weighing three hundered ninetie & 
seven pounds the skins being in indifferent good condition I 
say received by mee William Killcupp 

The Remainder of w* is due for y^ moose skins is to be payd 
in Money according to m' Halls Note 



4o8 NEW HAMPSHIRE COURT RECORDS 

William kilcupp came & testified upon oath to y^ truth of w* 
is Specified in both these writings before mee Richard Parker 
Com'ission* y^ 4*'' of y^ 8*'' m° 1661 

This is a true Coppie of y^ originall given into y^ Court 
held at Hampton y« S**" S*** m° 1661 as attests 

Tho: Bradbury rec*^ 

[Court Papers, vol. i, p. 100.] 

The testamonie of Josuah Cheslie aged about 19 yeares Sayth 
that about one yeare Since being at the howse of mr Bradburie 
at Sallisburie Phillipp Chesley desired mee to write a coppie 
of what is written on the other side aboute the testamonie of 
william Killcupp which I did and left it at m' Bradburies 
howse for m"" Samuell Hall and ffurther sayth not. 

Taken upon oath the 24^** June 1661 In Court 

^ Curia Elias Stileman 

[Court Papers, vol. i, p. loi.] 

The testimony of Jn° Severans who testifies y* Phillip Chesly 
being at his house in Salisbury about a fortnight since puld 
a note out of his pockett y<= Same or such an other as is now 
p'"sented in Court under willi: Kilcupp hand w"*" note hee read 
once or twice over & y'' s'^ Chesly enquiered earnestly for m"^ 
Hall & y^ said depon* told him hee was gon into the Bay & 
farther saith not : 

Sworn before y^ Court at Hampton y« 16**^ S'*' m° 1661 

Tho: Bradbury rec^ 

This is a true Copie taken out of y« originall on file as attests 

Tho : Bradbury rec' 

[Court Papers, vol. i, p. 103.] 

The names of the quest of inquiry Conserning the death of 
Joshua Kendrick & Thomas Wilson as following 



NEW HAMPSHIRE COURT RECORDS 489 

m' natha fryer Rob' mussell 

m"" Edw: Loyde Charles ffrost 

m^ John forde wilHm Lucks 

George Wolten Earned Squire 

Willm Howard Joseph Bastens 

Rob' Taprill Willim Ash 

Wee the Jury abovesayd Haveing vewed the Corps of Joshua 
Kendrick & Thomas Wilson (remaining) And made what in- 
quiry Could bee doe finde that ther house was fired wher they 
lived in the night season by some accedentall providence (un- 
known) & they both smuddered & Stifled in the fire: & after 
they lost their breath, the fire Consumed them to their Intrills 
this we give as our verdict [Signatures removed.] 

This Jury weare Deposed the 12 January 16 — Before mee 

Brian Pendleton Commissioner 

[Court Papers, vol. i, p. 105.] 

The Deposition of Josephe Smith Aged 22 yeares, or there- 
abouts 

This Deponent saith, that beinge at William Pitmans house 
about the latter end of this last Springe, Goodman Williams 
Came in, & Inquired of the s^ pitman & his wife what reports 
those were that they had Raysed of him Concerninge his 
Children, unto whome the sd pitman Replyd that Hee heard of 
none, & so also said his wife, then presently the sd goodman 
Williams Call'd in his Daughter in Law Sara, & told her that 
both the sd pittman & his wife did deny that they ever heard 
any such Reportes as shee had Informed her father & mother 
with: then Replyed the sd. pittmans wife, no I do not deny any 
thinge that I told to Sara aforesd, but will Justify & make 
good all that I said unto her Concerninge your wives Children, 
w*='' was that the sd goodman Williams had reported at Lubber 
Land that his wives Children would undoe him, & further not: 

Dover Sworne in Court 28 June 1661 

5^ Elias Stileman Cler 



490 NEW HAMPSHIRE COURT RECORDS 

[Court Papers, vol. i, p. 105.] 

The Deposition of Sara feild aged 18 yeares or thereabouts 

This Deponent saith that Gooddy Pitman told her that 

her father in Law had Reported at Goodman Godder's house, 

& at William follets house, that his wives Children would undoe 

him, & bringe him to beggary & further saith not 

Sworn in Court held at Dover 28 June 1661 

^ Elias Stileman Cler 

[Court Papers, vol. i, p. 107.] 

Samuell Heynes aged about ffify Eight yeares or thereabouts 
sworne & Examd saith as followeth viz* that this boy of Phillip 
Lewis now in Controversie is the boy the sd Phillip bought of 
George Walton of Portesmouth 

Taken upon oath before y^ Court in Dover 2^ July 1663 

^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 109.] 

The Depos'n of m' Edward Hilton Senio' 

this depont saith being p^sent att a bargaine making between 
m' Hall & Phillipp Chesley about nineteene mouse skins I 
did understand that y« skins were then m' Halls, & the s'^ m' 
Hall desired Phillip Chesley to putt the skins aboard the ves- 
sell for him And m' Hall paid the said Phillip Chesley sixteene 
pounds in money inpart of pay for the skins att Phillip Chesleys 
house & further saith not. 

Sworne before y*' Court at Hampton y^ 10^'' 8 mo: 1661 

Tho: Bradbury rec*^ 

This is a true Copie of y^ originall on file as attest 

Tho: Bradbury rec*^ 

[Court Papers, vol. i, p. 109.] 

the deposicons of M' Edward Hilton & will: Burgine who 
Testifie y* being p'sent at a bargaine at phillip Chesleys howse 
the sd chesley bargained & sould to mr Sam: Hall nineteene 



NEW HAMPSHIRE COURT RECORDS 49I 

mouse skins att fifteenc pence half pence a pound & the said 
Mr Hall was to pay him in ready money; & upon his returne 
fro' boston bringing a receipt of the weight fro' Boston fro' Will : 
Kilcupp to Salisbury there to rec the remainder of his money 
this being in June or thereabouts 

Sworne before the Court at Hampton y« loth 8 mo: 1661 

Tho: Bradbury rec*^ 

This is a true Copie of y*" originall on file as attests 

Tho: Bradbury rec*^ 

397' att 1$'^ H ^\ comes to in the whole 25-12-093^ 

out of wch take 16-00-00 

& there remaynes 09-12-093^ 

this is a true Copie of y^ originall on file as attest 

Tho: Bradbury rec*^ 

[Court Papers, vol. i, p. 115.] 

To the worp" the Court Assembled at Strawberrie Bank 
the humble pettition of Phill Chessly sheweth that wheras 
the petitioner had an Action brought Against him at the court 
by Samuel Hall of 500^ and this court adjuged but 50^ to hime 
on ye case y petitioner humbly intreat that his dammages may 
be made up to hime whiche hath not binne the first in respecte 
of the terrours and . . . y'' petitioner and his relations hath 
bine under by it as allso the impayeing of his credit and Estate 
as giving his creditors ocations to com uppon him at once as 
Evere man is apt to seeke for his own in such cases of Extrem- 
itie as Allso that y petitioner hath bine in that kinde a prisoner 
Ever since he was Attached for if God had not ^vided other- 
wise y petitioner must have layed in the prison untill this time 
as allso w*^ what cruelltie the sayd Hall hath ^secuted against 
hime so by his Evill and unjust dealling with hime in baffling 
him out of his own Just debts forcing y* petitioner to take what 
the sd Hall was pleased to give him and so Evoking y^ petitioner 
to Speake Some inconsiderat Speaches in regard of his opresion 



492 NEW HAMPSHIRE COURT RECORDS 

which as its sayd will make a wise man madd much more such 
a weake inconsiderat pore creature as y petitioner is and 
thereby to take advantage whereas the sayd Hall hath boasted 
himselfe in this court that he could have satisfied a debt of 
looo^ when the marshall could not finde above the grownd so 
much of his as would satisfie an Execution of 3^ and therefore 
his wickednes the greater for its sayd men will beare with or 
pittie a theife where he Steall for the satisfing of his soule 
thats to p^'serve his life but for a riche man to deall so wth a 
pore man I leave it to be Judged and to hime hoe is the Author 
and patron of Justice thus flying to y worshipps being ordained 
of god to be a refuge for the oppressed hopeing to finde reliefe: 
and y petioner shall pray for y worshipps ^speritie 

Phillip Chesley 

[Court Papers, vol. I, p. 115.] 

Phillip Crumwell according to y order att Dover when I was 
wth you I have rec^ yo' mouse skins in the hands of Mr Brad- 
bury & that hee hath taken the Account of the weight of itt & 
what itt comes to I will satisfye you to Content 

Yc Lov ffrend Samuell Hall 

Salisburye ye 28th of July 1661 

Phillip Cromwell Sworne in Court (25 June 62) that he gave 
m"^ Hall noe ord' to receive the moose skin above menconed: 
nor have had noe satisfacc'on for it as yet 

^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 117.] 

Phillip Chessley his Answer to m"' Halls pleas 

I wee acknoledg the law hath well ^vided in that Case but if 
a man brings it Justly on himselfe as the play* hath don the 
lawe will not releive him on that case 

2diy ^ge confess its the dutie of Everie man to mayntaine his 
good name but not by unlawfull meanes as cruellte opression &c 

2,^^ for the ^ceedings at hampton Court wee conceve it In- 



NEW HAMPSHIRE COURT RECORDS 493 

judecous to cast reproach and dishoner uppon a court of Justice 
when the law hath ^vided for greived ^sonns in that case as 
by appeale &.c and further the law sayth that noe man shall have 
more dammages then he can prove but the plaintiffe hath not 
suffered at all in this case for that his name and practice is known 
and well understood as apeares by this Instance in bringine an 
acte agst the deflfend* of 500' so by the records of his ^ceedings 
in severall courts, and further the defendant hath sufficiently 
^ved what was charged against hime and where he alledgeth 
that the deffend*^ might have had the benefit of the law to right 
himeselfe and that he knew that he had an Estate which is 
utterly untrew as appeares by the testamonie of Abraham Drake 
marshall hoe haveing an Execution to be levied for the deffend* 
about 3^ could not finde anie thing notwithstanding he used his 
best indeavor. the law in owld England did ^vid well in that 
Case for there they were Accompted Cheating Cossning Knaves 
that made over or obscured there Estates deluding and abusinge 
the law to keep men frome there Just debts. And lastly wee say 
that the plantive hath not ^ved his Action for that he hath 
but single testamonie for marshall waight test that he spake 
the words to him at boston and Thomas Bradbure testives he 
spake the words at Sallsburie 

[Court Papers, vol. i, p. 117.] 

the deposition of Temprance ye wife of John Bickford who 
saith y' Samuell Hall & others had the use of Phillip Chesslyes 
horses & that they did not leave them with her & farther she 
deposeth not 

This deposition taken before me ye 23 of June 62 

Tho : Wiggin 

[Court Papers, vol. I, p. 119.] 

The Deposi6c of Thomas Bradbury Junio' Aged Twenty 
yeares or there abouts who Testifyeth y* upon the second Day of 
October (1661) or there abouts Phillip Chesley being att Salis- 
bury and m' Andrew Wiggins with him: Phillip Chesley asked 



494 NEW HAMPSHIRE COURT RECORDS 

this deponent where mr Hall was, or whether he was gone for 
England, this depont told him that hee was gone to Boston: 
the said Chesley asked him whether mr Hall had any Cattle or 
horses, this depont answered him that hee had none that hee 
did know of And att that time y* this depont had Conference 
with the said Phillip Chesley (hee said) in the hearing of this 
depont that mr Sam : Hall was a Knave and that hee had Cheated 
him of Tenn pounds wch was a due debt And further said if hee 
could sight of him hee could lay him fast & further saith not. 

Sworn before y" Court held att Salisbury the 8*'^ 2"^ m°: 1662: 
as attests Tho : Bradbury rec* 

[Court Papers, vol. i, p. 119.] 

The afermasion of Robert Pike who being somoned by m' 
Samwell Hale to give evidenc at ye Court at straberry bank in a 
cas ther to be tryed between the sayd m'' Hale & Philip Chesly I 
being at p'^sent p^ented by un a voyd abl accasion from cominge 
to that Court do declar as followeth viz 

That I have heard the sayd chesly Complaine of the m"^ Hale 
for doing him wrong in withholding money from him due for 
skins & that he was resolved to su him for it : & in deed I think 
he did express himself in terms som what of the groser sort: but 
I having had accasion to hear the Case so often as the tryal of it 
at Court I Cannot well distingwith of the time of hearing the very 
word (Cheate) whether it wear at hampton Court or att my 
landlords Thomases att boston or coming hom or both but am 
prity confident of the too latter he being not bakward to speake: 
but for the Resons above mensioned as also not expecting to be 
caled by way of evidenc & therefor not charging it upon memory 
in point of words Crave leave to be for borne in respect of oath 
given under my hand 23 of 4 mo 62 ^ me Robert Pyke 

[Court Papers, vol. i, p. 121.] 
To the Constable of Dover or his Deputie 
You are hereby required to Attache the Body and goods of 
Phillipp Chesley to y^ valew of ffive hundred pounds and to take 



I 



NEW HAMPSHIRE COURT RECORDS 495 

bond of him to the s'^ valew with sufficient suertye or suerties 
for his appearance att the next County Court to be holden att 
Strawbere Bank there to answer to the Complaint of Samuell 
Hall in an Action of defamation & slander charging him wth 
Cozning and Cheating sayinge that hee was a Knave and that 
hee had Cozned & Cheated him the said Chesley of Ten pounds 
(or more) wch was a just debt whereby the said Hall is Damni- 
fyed in his Credditt (500O and so make a true returne und' yo' 
hand dated the loth of Aprill 1662 ^ Curiam Tho : Bradbury 

This attechment was served upon the body of Philip Chasly 
g*^ June and John godard engaged for his appearance 

[Court Papers, vol. i, p. 121.] 

The affirmation of William Bradbury about 13 years of age: 
who saith that towards the latter end of last sum'er Phillip 
Chesly & m' Andrew Wiggin cam riding by where him selfe & 
his brother Tho : Bradbury were att worke, near his fathers house, 
& the said Chesly askt of his brother Thomas if m^ Hall was in 
towne he told him no he was gon to Boston, & hee askt again 
whither m'' Hall had any goods or horses in y= towne hee answered 
hee had none as hee knew of: Chesly then sayd that he y'' s'^ Hall 
was a cosening knave & had cheated him of tenn pound which 
was a due debt: & farther saith not ^ me William Bradbury 

[Court Papers, vol. i, p. 121.] 

The Deposico' of Richard wayt 

This depont testifieth that he heard Phillipp Chesley say of 
his owne accord that Samuell Hall had Cheated and Cozned him 
of Tenn pounds or more, And these words hee spake to this De- 
pont In the Towne howse att Boston, in the time of the Court 
sitting when hee gave me an Attachmt to serve of the sd Samuell 
Hall either in Septembr or October 1661 & further he this Depont 
saith not 

taken upon oath this 22*^ march 61- 62 befor 

Tho Savage Com'iss' 



496 NEW HAMPSHIRE COURT RECORDS 

[Court Papers, vol. i, p. 123.] 

The testremonie of Jo" Godward Aged about 54 yeres. 

hoe testifies that he goeing wth Phillip Chesley to boston the 
sd Phillip goeing through Sallisburie towld mee that he must goe 
to m'' Hall for monie for moosskins so when he came to mee againe 
he sayd to mee that m"" Hall told hime that his monie was at 
boston and therefore sayd Phillip I hope I shall have it there so 
wee went together to boston and there meeting with m' Hall 
Phillip demanded his monie of hime the sd m'' Hall tould Phillip 
that his monie was at Sallisburie and spoke to hime of bords 
and further sayth not 

thomas Dowbte testifies that he heard Phillip Chessly de- 
maynde monie of m' Hall at boston Jo° Godward being present 
m'' Hall towld the sayd Phillip that he would pay him in bords 
and further sayth not 

]n° Godard & Tho: Douty tooke oath to y® two testimonys 
above in court y« 25 June 1662 

^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 123.] 

the deposition of Edward Hillton siny has sayd that he being 
with m^ Samuell Hall and Phillip Chessly m' Hall having Phillip 
Chesslys tobacco tongs Phillip demanded of hime his tongs sev- 
erall times asking him if he would cheat him of them m' Hall 
answered hime as he beleaved so be at to hime or according to it 
and further sayth not 

Taken upon oath before y« Court at Portsmouth 25 June 62 

^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 123.] 

I Antipast Mawericke as Administrator to William Lem'ons 
Estate doe acknowledge to have Received 6' 2" of w"'' I have 
paid nineteen shillings & four pence as a debt of the sd William 
Lemons Antipas Maverick 



NEW HAMPSHIRE COURT RECORDS 497 

[Court Papers, vol. i, p. 123.] 

The Testimony of Abraham Drake afermeth that aboute a 
fortnit agone I went to Salisbury and demanded pay of M' 
Bradburye being the houce or place of M' halles above to satesfi 
part of an Execucian granded to Phillip Chesle & goodes not being 
tendred I rested not knowing whare to find any till jM' hall spoke 
with me but I herd of a horce that was sumtimes JM"" halles but 
the party tould me he was sould or mad . . . June the 25 

Taken upon oath y^ 25° June 1662 in Court 

^ Elias Stileman 

[Court Papers, vol. i, p. 123.] 

the Deposico' of Phillip Chesley 

This Depont saith yt hee came to Salisbury att the place of mr 
Halls usuall aboad mr Hall being not att home I left him a 
Coppie of William Kilcupps order and this was about the begin- 
'ing of August last past & further this Depont saith not ye 10 of 
ye 8 mo: 61 

Sworn before y^ Court att Hampton y« 10*^ 8*^ m° 1661 

Tho: Bradbury rec^ 

This is a true Copie taken out of y^ originall on file as attests 

Tho : Bradbury rec^ 

[Court Papers, vol. i, p. 125.] 

To y^ M'^shall of Portsmouth or his dep^^ 

You are required to attach y^ goods & for want thereof y^ body 
of Jn° Pickering & take bond of him to y^ valine of sixteene 
pownds with sufificient Securitie for his appearance at y^ next 
Countie Court held at Portsmouth The Last tuesday in this 
p^sent month to Answ to the complaint of Walter Abbutt 
Assigne of M' Mathew m-'shall in an accon of y^ case conserning 
the forfiture of a bond of 12' w"^ s^ pickering stood bound for the 
appearance of m' Edw: Walsh to y^ commission Court to answ"" 
y^ waiter Abbutts acc'on & s*^ Walch appeared nott : & soe make 
returne und' yo"" hand: da: 14^'' of June 1662 

^ Court Elias Stileman 



498 NEW HAMPSHIRE COURT RECORDS 

this Attachmend was sarved on the Land of John pickering 
the 1 6 of June 62 by mee huybrecht matton marshall 

[Court Papers, vol. i, p. 127.] 

To the Constable of Dover, or his deputy 

You are heerby Required to attach the goods, or for want 
thereof the Body of Ralphe Twomly, & to take Bond of him to 
the value of seaven pounds & ten shillings w*^ sufficient surety, 
or suretyes, for his personall appearance at the next County 
Courte held at Dover or porchmouth, then & there to answere to 
the Complainte of Cap* Walter Barefoot in an Action of the Case 
for phisicall means & attendants as apeares by Booke to the value 
of three pounds & fifteen shillings in mony, or monyes worth, & 
so make a true Returne heerof under your hand Dated 2*^ of 
June (1662) ^ Curia Charles Buckner 

this attachment was served on the body of Ralph Twomly and 
he hath engaged for his appearance the 6th June 

[Court Papers, vol. I, p. 127.] 

M' Peter Cofhn, you are hereby Required to take notice that 
the house & Land at Rocky poynt at oyster, w^ was lately the 
dwellinge of M' Valuntine Hill Deceased, is attached to answere 
the Complainte of Cap* Walter Barefoot in an Action of the 
Case upon Accompt to the value of fifty pounds or thereabouts 
for phisicke & Attendants for himselfe & family: Dated 18*'' 
June (1662) ^ Curia Charles Buckner 

[Court Papers, vol. i, p. 127.] 

To the Constable of Dover, or his Deputy 

You are hereby Required to attach the house & Land at Rocky 
poynt at oyster River of M"^ valuntine Hill deceased, beinge in 
the possession of the Administrators of his Estate, & take Bond 
of them or either of them to the value of ninety pounds, w**" 
sufficient surety or suretyes for their appearances at the next 



NEW HAMPSHIRE COURT RECORDS 499 

County Courte held at Dover or Portsmouth, then & there to 
answere the Complainte of Cap*" Walter Barefoot in an Action 
of the Case upon Accompt to the value of fifty pounds or there- 
abouts in mony or moneys worth for phisicke & attendance of 
the sd valuntine Hill & his family, & soe make a true Returne 
hereof under your hand: Dated iS^*' day of June (1662) 

^ Curia Charles Buckner 

This Attachment served upon the house & Land of M' volun- 
tine Hill deceased at Rocky poynt in oyster River the thursday 
after the date hereof by me Thomas Nocke Constable 

[Court Papers, vol. i, p. 129.] 

To y^ Marshall of Portsmouth or his dep*® 

You are required to attach y^ goods & for want thereof the 
body of Jn° Pickering & take bond of him to y^ vallu of twelve 
pownds with sufficient securitye for his appearance at y next 
Counte Court held at Portsmouth the last Tuesday in this p'sent 
month to answ' to y^ compla* of Walter Abbut in an acc'on of 
debt upon accompt to y^ vallue of eight pownds 01^ 4^* w**" due 
damages & soe make return und' yo'' hand da: 16 June 1662 

^ Court Elias Stileman 

this Attachmend was sarved on the Land of John Pickring the 
16 of June 62 by mee huybrecht matton 

[Court Papers, vol. i, p. 129.] 

The deposition of Henrie Sherburne aged about 48 years 
This deponent saith that havinge some discourse w*^ widdow 
Webster after her husbands desease I advised her to make prays- 
ment of her husbands estate & she answered she would aske ad- 
vise of M^ Stilman & further she said shee was confident her 
deseased husbands estate would pay his debts & further saith not 

Henrie Sherburne 
Sworn in Court 25 June 1662 ^ Elias Stileman Cleric 



500 NEW HAMPSHIRE COURT RECORDS 

[Court Papers, vol. i, p. 129.] 

The deposition of Richard Allesonn Aged about 29 yeares hoe 
sayth that he doeth not know of anie goods desposed of that 
was Jo° websters Since his death but one Coat whiche he did 
weare in his life time and further sayth not 

Sworn in Court 25 June 1662 ^ Elias Stileman Cler 

[Court Papers, vol. i, p. 129.] 

the deposition of Marie Jones Aged about 34 hoe sayth that 
after the death of Jo'' webster Jo° Mummer did weare the 
cloothes that Jo° webster did weare in his life time as breches 
and coate severall weekes. 

Sworne in Court 25° June 1662 ^ Elias Stileman 

[Court Papers, vol. i, p. 131.] 

To the honored Court at Portsmouth June 25th 1662 

The humble petition of John Harte 

That whereas George Jones hath upon severall opertuneties or 
rather his owne occasions disturbed the peace & quietnes of 
yo' Petitioner & his wife in detaing some linen Cloth, wch he had 
ast hir to make, & striking of hir when she went to Demaund it, 
wch made hir eye black & blew, likewise abusing hir in words, 
as Calling of hir Devell, old Indean Squae, & where is the ould 
Rouge your husband, & soe threatining of me that he would 
have my harte blood with many more provoaking words, in all 
wch yo^ petitioner & his wife stands much in feare of themselves 
both in persons & estate, as not knowing what Malice by instiga- 
tion of an Evill spirit may doe yo"^ petitioners humble request is 
that this honered Courte would be pleased to examine the Mat- 
ter & to determine thereof for yo' petitioners peace & quietnes, 
as in yo' wisdome shall seeme meete./ 

[Court Papers, vol. i, p. 131.] 

To the honored Court of Magistrats held at Potsmouth June 
1662 



NEW HAMPSHIRE COURT RECORDS 5OI 

The humble petetlon of John Jackson Sheweth that whereas 
yo' petitioner having Hved in this River upon his lawfull im- 
ployment soe many yeares past with peace & quietnes amongst 
his neighboures wch he desireth to Continue, But having some 
more then ordinary affronts by George Jones, one lately Come 
into this towne (conserning some timber yo"' peticon"" fallen, as 
he the said Jones pretendeth to be in his ground or lott) with 
many threatening words as may seeme to Carry an evill intent 
by way of Revenge, wch yo'' petitioner hath some good grounds 
in his best apprehention to Conceave may be extended : yo"" peti- 
tion" humble desire is that this honored Court in theire wis- 
domes would be pleased to take such order as yo' petitioner 
may live quietly & peaceably from any Unjust Molestation from 
his said neighbour. & yo' petitioner shall humbly pray &c. 

[Court Papers, vol. i, p. 133.] 

To the Constable of Dover or his deputy 

You are hereby Required to attach the goods, & for want 
thereof the Body of James Rawlings, & take Bond of him to the 
value of eight pounds, w*^ sufficient surety or suretyes for his 
personall appearance at the next County Court held at Ports- 
mouth or Dover then & there to answere the Complainte of Lief* 
Ralphe Hall in an Action of the Case upon Accompt to the value 
of four pounds, one shillinge, & foure pence, or thereabouts,^& 
so make a true Returne hereof under your hand: Dated ij^^ of 
June (1662) ^ Curiam Charles Buckner 

This Attachment served on the thursday after the date hereof 
upon a parcell of staves by mee Thomas Nocke Constable 

[Court Papers, vol. i, p. 133.] 

Be it knowne unto all men by these p^'sents that wee m'' 
Edward walch of Londen m'^chant & John pickring of ports- 
mouth doe bind o' selves o'" heires & executors unto huybrecht 
matton of Portsmouth marshall in the sume of twelve pounds 
ster^^ on Condic'on that the s*^ m"" Edward walch shall person- 



502 NEW HAMPSHIRE COURT RECORDS 

ally appeare at y^ next Comlssion Court held at Portsmouth to 
AnsW to y^ Compla* of waiter Abbutt in an acc'on of debt dew 
by booke according to the tenn' of an attachm* served & to abide 
the ord' of y^ Court there In & not to dep* the s^ Court without 
Licence In witnes where of have here unto sett o^ hand the 8 
of July 1661 [Signatures removed.] 

witnes hereunto Samuell Hall 

I Huybricht Mattone Marshall of Portsmouth doe assigne the 
with menc'oned bond unto Walter Abbutt as witness my hand 
the 14: June 1662 huybrecht matton 

[Court Papers, vol. i, p. 135] 

Wee whose names are under written doe Testifie of y" good 
behavio'' and quiet & pesable Lives of George Jones & Mary 
his wife this 26: 4: 62 

the mark X of thomas peverely 

the marke X of Jane peverly 

the marke X of Elesabeth Savedg 

the marke X of marthew hincken 

the marke X of Jane Wallford 

[Court Papers, vol. i, p. 141.] 

Robert Burnum of Oyster Riv Engageth himselfe in the 
summe of Thirty pounds sterling to be responsible to the Gov- 
erment of the massechuset Jurisdic'on upon condic'on hee make 
his ^sonall appearance at the next County Court to bee held 
at Portsmoth there to answer the complaint of Liu" Ralph Hall 
& m' Peter Cofhn in the behalfe of the towne & Company of 
Dov w"^ if hee doe his bond is to be void otherwise to stand in 
full force & vertue Dov 24: 2: m° 1662. 

Liu" Ralph Hall & m' Peter Coffin Engage themselves in ffive 
pounds apeece to prosecute the aforesd Complaint in the behalfe 
of the Township aforesd & to appeare as witnesses — Dov 24*'' 
2 m° 1662./ 



NEW HAMPSHIRE COURT RECORDS 5O3 

The bonds abovewrltten acknowledged before mce the 25: 
2: 62. Tho: Wiggin 

Le* Hall & m' peter Coffin & Rob* Burnam appearing At the 
Court held 27° June 1662 are discharged of this Bond 

^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 141.] 

The testimony of Abraham Drake Marshall afermeth that 
Phillip Chesley broute me an Execucion to be served uppon 
M' Hall of Sallbury of twelve pounds five teen shillines nine 
pence half peney with two shillines for the Execucion of the 
which sume above mentioned Phillip Chesley said he had re- 
ceived tenn pound in money & wished me to levie the Remainder 
upon m' hall the which I dead to the value of 2^ 17^ g^ 2^ the 
24 of June 1662 with part of the other Charge 

Sworne in Court 25° June 1662 ^ Elias Stileman Cleric 

[Court Papers, vol. i, p. 143.] 

To y^ marshall of Portsmouth or his deputie 

yo" are here by requiered to ateach y^ body & goods of Rachell 
Webster y^ relike of John webster desesed & take bond of her to 
y vallue of fourtie sixe pounds ster' w**^ soficiant security for her 
appearance at the next countie court held at Portsmouth y^ last 
tusday of y" 4 m° next then & y to answere y^ complainte of 
Cap* Walter Barefoote or his aturnie in an acco'' of debt to y" 
vallue of twentie three pounds due by bill one third in mony 
& y^ other two thirds m'chantable fish And soe make a true 
returne here of under yo' hand dated this 20*'' 12 61 

^ Curia Charles Buckner 

this Attachmend was sarved on the body of Rachell webster 
the 24 of 12 m° 1662 by mee huybrecht matton 

[Court Papers, vol. i, p. 143.] 

To the marshall of Portsmouth or Constable of Dover or their 
Deputie 



504 NEW HAMPSHIRE COURT RECORDS 

you are hereby required in his magesties name to attach the 
goods or estate of William Roberds of oyster river & for want 
thereof you are to attach his ^son & take bond of him to value 
of nine pounds with sufficient suretie or sureties for his ^sonall 
appearenc at the next Court heild at Portsmouth the 24 daye of 
this p'^sent m° Then & there to answer the Complaint of James 
Pendleton & William Howard Agents and attorneys To Capt 
Brian Pendleton & m' John Paine In an action of debt upon acct, 
& due dam' ages & Soe make a true returne thereof under your 
hand dated June 3*^ 1662: ^ Court Elias Stileman 

This Attachment served on the house & Lott of William Rob- 
erds at oyster River 18*^ of June (62) by mee 

Thomas Nocke Constable 

[Court Papers, vol. i, p. 151.] 

To y^ Constable of Dover or his Dep* 

you are required in his maj*'^^ Name to atch y^ goods & for 
Want thereof y^ body of Thomas nocke & take bond of him to 
y^ value of twenty pounds with soficent surety or suretys for 
his apearance at y^ next County Court to be holden at dover 
then & thare to answer the Complaynt of waiter Barefoote in 
an action of debt due by bill for the some of eleven pounds five 
shillings and eleven pence to be paid in white oke pipe staves or 
square edged Boards with due dammage & to make a true re- 
torne under yo"" hand da: 7*^ may 1663 

^ Court Elias Stileman 

This warrant was served upon the body of Tho. Nocke ^ me 

Tho: Roberts Const 

[Court Papers, vol. i, p. 151.] 

To y^ Constable of Dover or his dep* 

you are required in his Maj"«« Name to Attache the body and 
goods of William Newman and take bond of him to the vallue 
of five and twenty pounds with suficent sureti or sureties for his 
^senal appearanc at the next County Court to bee held at Dover 



NEW HAMPSHIRE COURT RECORDS 5O5 

there to ansir the Complaint of John ffost Attorney to Anthony 
Chesley in an Accon of Debt foor non payment of fourteene 
pouends or therabouts Due in money or beaver by bill to y« 
sayd Checkley and due damages and soe macke a true return 
heareof under youer hand Date 7^^ May 1663 

^ Court Elias Stileman 
This Atathmente Sarved on the body of William Newman by 
mee [No signature.] 

[Court Papers, vol. i, p. 153.] 

These are to sartify whom it may or shall Consarne yt a boute 
a weeke agon I being y*^ at ye lies of Shoules I heard George 
Walton say to william Drew yt he ye sd walton had atached y« 
house and Estate of ye sd Drew to answer him in an accion for an 
account of fish yt ye sd Drew ought to have given to ye sd walton 
aboute too year agonn so far I Remember witnes my hand Junne 
ye 30 day 1663 Tho Booth 

[Court Papers, vol. I, p. 155.] 

Witnes these presents that I Thomas Nock of dover doe 
acknowlge my selfe to be Indebted unto Walter Barefoote of y^ 
fore sd Dover for & in Consideration of goods rec^ by me Nocke 
of y® sd Barefoote to y^ value of eleven pounds five shill & eleven 
pence and to y^ afore sd some I bind me my heirs to pay unto y® 
sd Barefoote or his assignes the full some of eleven pounds five 
shill : and eleven pence in mercht white oke pipe staves or mercbt 
boards at fortie five shill p' thousand y sd boards square edged 
witnes my hand this eighteenth day of Decem"" 1662 

thomas nock 

witnes Thomas Read the marke of Elizabeth X Langley 

owned in Court by Tho: Nock the 1° July 1663 as attests 

Elias Stileman Cler 

[Court Papers, vol. i, p. 155.] 

Wee Whose Names are Heere Underwritten Being Chosen 
Select men for y* towne of Portsmoth Doe thinke Itt fitt and 



506 NEW HAMPSHIRE COURT RECORDS 

Convenent that Edward West Keepe The Ordnary Upon Great 
Island In Pascattaque By Reason y* wee Heere and See y* He 
Keepes In his house Very good Orders allsoe Very Nescesary 
& Civell accomendations Boath for Strang'^^ & Others : as Wittnes 
Ou. Hands This 4'' July 1663 ^enry Sharborn 

Nathanell Drake 
Jo° Hunkinge 
Samuell Haines 
James Pendleton 

[Court Papers, vol. i, p. 157.] 

The Deposition of John Patrige aged aboute 26 yeares & Mary 
his wife beinge sworne sayth 

That aboute six weekes since Thomas Parker (shoomaker) 
beeinge at theare howse heard the sd Parker say that m' Moodye 
had to speciall ffrends in this towne women the one m' ffriers wife 
& shee supplies him with Ribbin or .... for his cloathes & 
william sevyes wife & shee supplied him with coks & hens for to 
feed ungodlie gutts or wicked gutts & further the sd John Patrige 
sayth that hee heard the sd Parker say that m^ Moodye was a 
lubber more fit for the plow tayel then for a pulpitt & further 
sayth not taken upon oath the 30 of Janiary 1663 Before mee 

Brian Pendleton Comisioner 

[Court Papers, vol. i, p. 159.] 

At a towne Meeting held the 14*** Aprill 1650 

It is ordered this towne Meetinge that every ordinary Keeper 
in this towne shall pay for every pipe of wine they draw twenty 
shillinges. 

Ditto ye 13*'' September 1652 

It is ordered y* from henceforth all licenced persons shall give 
a just accoumpt of what wine they shall take into his house for 
sale within 3 dayes after y^ receipt of the same the which ac- 
coumpt is to be given unto the towne treasurer m"" Henery Sher- 
borne upon forfeiture of such wines as shall be neglected for 



NEW HAMPSHIRE COURT RECORDS 507 

french wines 5^ ^ hhd for all other wines 10^ ^ hhd and for 
other small Caske ^portionably. 

Ditto y^ 28*^ 9^'='- 1653 

That wheareas theire was an order made y° 13*'' Septemb' 
1652 y* all licensed persons within this towne should bring in 
accoumpt of w* wines they shall take in to draw within three 
dayes after it be receaved by them on forfeiture of the said 
wines and also to pay for y^ drawinge of all such wines to the 
treasurer for ye townes use as is expressed in the foresaid order 
y* is to say y ^ hhd and also of sacke 10^ ^ hhd and for 
all other Vessells proportionably Wee present select men of the 
towne doe Confirme the above said order for ye use and good 
of the towne. 

March 14*'' 1654 

It was and is this day generally agreed on that the wine sellars 
shall all pay for theire drawinge of wine according to ye orders 
formerly made by the select men and the select men are heareby 
ordered that they forthwith use meanes for the procuring of the 
same for the use of the towne. 

At a Towne Meetinge y*' ig^^ Decemb"" 1659 held ^ the select 
men 

It is ordered this day that Walter Abbot is to pay the just 
some of tenne poundes for his wine drawinge untill this date and 
farther he is from this present to agree with the select men for 
farther drawing wine and Liquors after this date. 

These five orders made by the select men of Portsmouth are 
true coppies taken out of the towne book as wittnesse our hands 
this 3 day of februaire 63. 64 Henrie Sherburne 

James Pendleton 
Jo'' Hunkings 

[Court Papers, vol. i, p. 161.] 

The Deposishon of samuell whedin ayged about 30. 
This deponant was Required by the Constable of strabry 
banke to ayd and assist him In Executing a Levell which was 



508 NEW HAMPSHIRE COURT RECORDS 

deleved to hime by the select men of the same towne and this 
deponant doe her testyfy that waiter Abbot sayd he would 
nocke the Constabells Brains outt if hee tocht any oxcon of his 
and stod with his axe Redy to stricke the sayd Constabell and 
sayd hee would Loes his heartt blood befor hee shuld have any 
oxcon ther and swoer by God and by Gods Bloud that hee shuld 
have knoe oxcon ther and this deponant will testyfy the same 
Juenuery y^ 21 : 1663 

Sworne in Court 2^ ffebruery 1663 Ric: Stileman Gierke 

[James Drew, aged about 30, deposed the same on the same 
date.] 

[Court Papers, vol. i, p. 163.] 

To y« Constable of Dover or his Dep*® 

you are required in his Maj*^^ Name to attach y^ goods & 
for want thereof the body of Thomas wiggins, and take bond of 
him to the value of Six thousand merchantable white oake pipe 
staves, with Suficient Securitie for his Apearance at y^ next court 
of associates to be held for y^ county of Dover and Portsmouth, 
then and there to Answer to y^ Complaint of Nathaniell Fryer 
in an accion of Debt Due by the non payment of a bill for five- 
teene hundred of mer'^^^ white oake pipe staves with due dam- 
edge, and soe make Returne under your hand — da: y^ 11*^ 
day of Jan'ry — 1663/4 W> Curia Elias Stileman 

Take notice that y^ first Tuesday of february next being y« 2^^ 
day of y^ moneth y« Court begins 

This warrant was served on y« body of Thomas wiggons the 
20*'' day of Jan'ry by me Jerimiah Tibbet Constable 

[Court Papers, vol. i, p. 163.] 

The deposition of Phillip Lewis aged about fourty yeares 
Saith he being at Tho : Beards house at Dover the last Somer 
about June heard Tho : Beard making a bargain with John Wood- 



NEW HAMPSHIRE COURT RECORDS 5O9 

man about a servant of the said Beards to serve Woodman ; The 
Tearmes betwixt them was agreed upon, the servant alsoe Con- 
senting thereunto, where upon woodman told the servant before 
his master that he paid a great deale of mony for him wch with 
his wages & clothing would come to a great matter or sume, but 
the quantity this deponent remembreth not, whereupon the 
deponent said to the servant, thou hads need be a good servant 
to the master for he payeth a great deale for thee, & the servant 
made answere againe that he hoped he should, or words to that 
effect, further this deponent affirmeth that he heard woodman 
say to him that the servant by report was not well used where he 
was, but being with him he should not want for vitles & clothes 
& that he would make him worke, and that he would be with 
him for the most parte him selfe. further saith that he was to 
receave the said Servant some certaine weekes after that time, 
but the sett time he knoweth not & further saith not. Dated 
feb: 2: 1663. 

Sworne in Court Ric : Stileman Clerke 

[Court Papers, vol. i, p. 165.] 

To the Constable of Oyster River or his deputie 

You are hereby required in his Mat''^^ name to Attach y 
goods & for want thereof y*= bodie of William Drewe & take bond 
of him w^^ sufficient sureties to y" value of Nintie nine pounds for 
his appeareance at y^ next Court to be holden at Dover or Ports- 
mouth to answer y^ complt of Geo: Walton in an accon of Acco* 
for not giveing an Acco* of a voyage of ffish y^ Traine w"'' y said 
W"" Drewe made & for detaineing y^ said fifish & traine of the 
said Waltons ^t contrarie to promise hereof faile not at y 
perill & make a true returne under yo'' hand dated this 3° 4 m° 
1663. By the Court Elias Stileman 

Attached the house & Land of W"" Drew (to answ this acc'on) 
y" 25° June 63 ^ me Charles Adams Constable 

the Constable affirmed that he Left a sum'ons at his house. 

Dov Court I* July 1663 as attest Elias Stileman Cler 



510 NEW HAMPSHIRE COURT RECORDS 

[Court Papers, vol. i, p. 167.] 

To the Marshall or Constable of Portsmouth or either of theire 
Deputies : 

you are hereby required in his Ma*'^^ name to Attach the goods 
and for want thereof the bodie of Edward Clark and take bond 
of him with sufficient sureties to the value of ffiftie pounds for his 
appeareance at the next Countie Court to bee houlden at Dover 
or Portsmouth to answere the complt of Phillip Lewes in an 
acc'on of the case for not returneing his servant according to 
lawe w''^ he had in his custodie by virtue of a warrant hereof 
make a true returne under yo'' hand — 23 May 1663 

^ Court Elias Stileman 
this Attachmend was sarved on the hous & land of Edward 
Clark the 23 of June 1663 by mee 

huybrecht matton m.arshall 
[Court Papers, vol. i, p. 167.] 
To the Marshall of Portsmouth or his deputie 
You are hereby required in his Maj^"' name to Attach the goods 
& for want thereof y^ bodie of m"" Edward Loide and take bond 
of him with sufficient sureties to the value of fiftie pounds for 
his appearance at the next Countie Court to bee houlden' at 
Portsmouth or Dover to answere the complt of John Amenseane 
in an acc'on of the case for with houlding a debt of Twentie five 
pounds sterling due by Bill with due damages hereof make a true 
returne under yo'' hand dated this 8^^ of November 1662 

^ Court Elias Stileman 
I make otho tuckerman constable my . . . depte to sarve 
this attachmend by mee huybrecht matton marshall 

Attached the person of m"^ Edw: Lyde & he delivered some 
goods into my hand for security the 8° Nov 62 ^ me 

Otho: Tuckerman marshalls depte 

[Court Papers, vol. i, p. 169.] 

Know all men by these presents that I Edward Lyde doe en- 
gage the things following Unto Otho: tuckerman for his security 



NEW HAMPSHIRE COURT RECORDS 5II 

to answer to the Complaint of John amentian in an action by 
him Comencte to answer also the Judgment of the Court which 
shall bee holden at dover or Portsmouth next which are to say 
two Couerds on Chest of draers two trunkes a pare of Vergenels 
two tables a dozen of Chaires halfe a douzaine of bar Chaires and 
In Causse of the Unperformance of the said apearance I doe 
heere by grant a law full forfiture of the same as witness my 
hand this 15 novemb"^ 1662 Edward Lyde 

there is like ways two feather beds some ditches two plats 
seaven poringers two puter pots two handirons a spit and a 
gridairne with a fri pane and a pare of tonges, to all the prem- 
esses above mentioned I the said otho tuckerman am and shall 
bee willing to take any sorte or kinde of goods at money price 
at or bee fore the Court is or shall bee holden and the same 
to bee Judged by two Indefferant persons and all soe to free the 
goods mentioned on the other saide In delivering any other goods 
as in the other side mentioned where unto I Sett my hand the 15 
nov 1662 Edward Lyde 

wittnesses John X lewis his marke 

otho X tuckerman his marke 

[Court Papers, vol. i, p. 173.] 

my passage beinge paid from New found Land to New 
England in the good shipp Called the Jean, I, Thomas Coomes 
doe of my owne free & voluntary will & Consent put myselfe an 
Apprentice unto Thomas Beard of Dover, & after y manner of 
an Apprentise w*^ him to dwell from y^ day of the date hereof 
unto the end of five yeares from hence next ensuinge, & fully to 
be Compleate & ended. By & in all w^ sd Terme of Time y sd 
Thomas Coomes Apprentise unto y" sd Thomas Beard his 
Master, well & faithfully shall serve, his secrets shall keepe, his 
Commandements honest & lawfull every where shall doe in all 
such lawfull labours & businesses as the sd Thomas Beard his 
Master or his Assignes shall Imploy him in & about, & shall not 
absent himselfe from his or their service, neither by day nor by 



512 NEW HAMPSHIRE COURT RECORDS 

night but in all things, & in all places shall behave himselfe 
faithfully both in words & deeds: And sd Thomas Beard y*' 
Master unto y^' sd Thomas Coomes Apprentise shall finde meat, 
drinke, lodgeing, washinge & Apparell duringe y sd Terme, & in 
due manner shall Chastise him, & in y<^ end of y^ sd Terme shall 
give him y full sum of six pounds, & two suits of Apparell, And 
it is also agreed betwixt y sd partyes that it shall & may be 
lawfuU to & for the sd Thomas Beard to assigne & sett over y sd 
Thomas Coomes to any other man for such parte of y^ sd Terme 
as shall be then remaininge. In witness where of y sd partyes to 
these present Indentures have interchangeably put to their hands 
& scales this present two & twentyeth day of October in y year 
of our Lord one thousand six hundred & sixty & two accordinge 
to the english Account — 

This is X Thomas Coomes his marke 
thomas beard 

Sealed & delivered in y^ presence of Hatevill Nutter Charles 
Buckner 

I Thomas Beard of the Towne of Dover doe Assineg over 
unto John woodman of oyster River in the sayd Towne of Dover 
all my Riet and Entrest in this Indentuer heirin specified Con- 
cerning my Sarvant Thomas Comes wittness my hand this 27th 
of July 1663 [No signature.] 

[Court Papers, vol. i, p. 177.] 

To the Constable of Porthmouth or his Deputy 
You are hearby required in his Maj"'^^ Name to attach the 
body and goods of Racheall wabster and Richard Allison and 
take bond of them to the valine of thirty eaight pounds with 
sufficient security for their appearance at the next Corte of 
Associats held at Porthmouth the second day of fabuary next, 
then and ther to answer to the Complaint of m"" Richard Cutt 
in an Acc'on of Debt on acco for nineteene pounds five shillings 
monye as appeares by Book & writtinge under their hands, with 



NEW HAMPSHIRE COURT RECORDS 5I3 

due Damages, and soc make a true retorne under your hand 
Dated the lo of Desember 1663 ^ Court Elias Stilcman 

To the Constable of Porthmouth or his deputy 
You are hearby required in his Maj"^« Name to attach the 
bodycs & goods of Racheall wabster and Richard AlHson and 
take bond of them to the vallue of six pounds tenn shillinge with 
sufifitient security for their apperance at the next Corte of 
Associats held at Porthmouth the second day of fabuary next 
then and ther to answer the Complaint of m"^ Richard Cutt in 
an Acc'on of Dept on acco: for three pounds five shillings 8 
pence which should be pd in merch : fish as apeares in a writtinge 
under their hands with Due Damages, and so make a true 
return under your hand. Dated the 10*^ of Desember 1663 

^ Curia Elias Stileman 

This warant was sarved upon the bodes of Rachell Webester 
and Richard Allison this 18 day of Juenuery 1663 by me 

Rob^ Eylatt Constabell 

[Court Papers, vol. i, p. 177.] 

To the Constable of Porthmouth or his Deputy 
You are hearbye required in his Maj^'''^ Name to attach the 
body and goods of Walter Abbett and tack bond of him to the 
vallue of eaighteene pounds with suffitient security for his 
apearance at the next Corte of Associats held at Porthmouth the 
2 day of febuary next then and there to answer to the Complaint 
of Richard Cutt in an acc'on of dept on acco: due by booke the 
sume of eaight pounds eaight shill & 9 pence & so make retorne 
under your hand da: the io*'> of Dec: 1663 

^ Court Elias Stileman 

January K)^^ serv^ed this Attachment on the person of Walther 
Abbatt & taken bonds of him for his appeareance at the Court 
within prefixed by me Robert Ellett 



514 NEW HAMPSHIRE COURT RECORDS 

[Court Papers, vol. i, p. 179.] 

The Deposition of Enoch Howchin [Hutchins.] 
Who being sworne saith That about three weekes since being 
one evening at Goodman Pickerings house, Gowin Willson & 
severall others being present, he saw Tho: Parker there (a 
shooemaker who inhabiteth upon y^ great Hand) who was very 
much in drinke, as y^ deponant did apprehend, & upon what 
occasion y*' deponant knoweth not, but suddenly y^ aforesd 
Parker began to curse & swear, railing against both M"^ Cutt 
M' Moodey M'^ Frier & Capt. Brian Pendleton saying that y* 
old dog M"" Pendleton did owe him foureteene pence, wishing 
that he had sope or any thing for it. M"" Frier he was a bastard 
& had a hundred fathers, oweing him two shillings & yet that dog 
will not let him have bread w^'^out money but have it he would 
or have his throat cut. M' Moodey he was a whore m% M' 
Rich : Cutt was a bastard & a Cheater, askeing for what he sould 
move then y*^ worth wishing him to y devill. M' John Cutt 
that dog would have him come thither to live telling him he 
might have better tradeing there then bellow y^ Riv saying he 
was a whores bird haveing many fathers, & as he spoke of any of 
these ^sons he cursed them 

Taken upon oath the 23: of Jan'ary 1663 Before mee 

Brian Pendleton Comisioner 

[Court Papers, vol. i, p. 181.] 

The deposition of Andrew Searle Aged about ffifty yeares 
This deponent saith that about January in the yeare 1662 for 
the very day this deponent is not certayne that he the said de- 
ponent beinge with Sarah Abbott att the house of John Jaxston 
the Ider wher the said Sarah did drinke of strong lickquer and 
afterward departed from the said Jaxstons house withe the said 
deponent to goe to her home but by the way she desired the said 
depon* to call in to John Jones his house which hee did & both 
this deponent and the said Sarah the now wife of Walter Abbott 
were invited to come into the house which they did and then ther 



NEW HAMPSHIRE COURT RECORDS 515 

was lickquor sent for to give them to drinke and ther the said 
Sarah did drinke of it in so much that shee was so Drounke that 
she was neither Able goe nor stand but was ledd home by her 
daughter sarah wills and by Christian the wife of ffrances Rand 
and in a very sadd condiccon after shee came home to her house 
and farther this deponent saeth not 

Sworne in Court of Asociates 2^ ffebruary 1663 

Ric : Stileman Clerke 

[Court Papers, vol. i, p. 181.] 

To the Constable of Portsmouth or his deputye 

you are heareby Required in his Majesties name to summon 
thease parsons under written to answere to theare presentments 
the Last Countye Court holden at Dover this Court bee at 
strabery Banke the 2 day of ffebrearye 1663 beinge the Court of 
Asosiates 

sarah Aboot wife of water Aboot John Pickerin Barnard squire 
Henry savage not appeared George walton & his wife 

^ us Brian Pendleton 
Richard Cutt 

This prsons within Riten war all sowmansd befor the 26 day 
of Juenuery 1663 by me Rob Eylat Constabell 

[Court Papers, vol. i, p. 183.] 

To y^ Constable of Dover or deputie 

You are In his Majesties name requierd to Attach y^ bodye 
and goods of Thomas Beard and John Woodman and take Bond 
of them to y« value of thirty Two pounds with sufficient suerty 
for their Appearanc att y next Court of Associates to be holden 
att portsmoth y^ first Tuseday of february next then and their to 
Answer y* Complaint of y« selectmen of y^ Town of Dover in y" 
behalf of ye sayd Towne in an action of ye case for not freeing 
them from being Charged with Thomas Come who . . . . y" 
Towne Charge att y^ presant and soe make a true return under 
your hand dated in dover this 14*'' Jenuary 1663 

^ Curia John Hall 



51 6 NEW HAMPSHIRE COURT RECORDS 

this warant was served upon the dueHng houes of John Wood- 
man the 27 day of Juenuery 1663 by me 

Jeremiath Tibbatts Constabell 
and Tho. Beards body and Lott Ling by Thomas Laiton and 
John Dam in Dover the 21 of Juenuery 1663 ^ me 

Jeremiath Tibbatts Constabll 

[Court Papers, vol. i, p. 183.] 

To the Constable of Portsmouth or his Deputie 

You are hereby required in his Ma*'''^ name to Attach the 
bodie and goods of James Keate and take bond of him with 
sufihcient sureties to the value of Twelve pounds for his appear- 
ance at the next Court of Asociates to be houlden at Portsmouth 
on the i^^ Tuesday in ffebruary being the second day of the 
mounth to answere the complt of Walther Abott in an acc'on 
of debt of Nine pounds foure shillings eight pence due by bond 
for non payment of foure pounds twelve shillings four pence 
on the 28° of December last w**' due damages and make a true 
returne under yo' hand hereof faile not at yo^ perill dated this 
25° of January 1663 ^ Curia Edw: Rish worth 

This Attachment was served on y" 27° January 1663 on the 
house & Land of James Keat ^ me 

Rob* Elliott Constable 

[Court Papers, vol. i, p. 183.] 

To the Constable of Portsmouth or his Deputie 

You are hereby required in his Ma*'*"^ name to Attach the 
bodie and goods of Joseph Attkinsonn and take bond of him 
with sufficient sureties to the value of Twelve pounds for his 
appearance at the next Court of Asociates to bee houlden at 
Portsmouth on the i^* Tuesday in ffebruary being the second 
day of the mounth to answere the complt of Walther Abbott in 
an acc'on of the case for with houlding a debt of about Sixe 
pounds Due by Booke w*** Due damages and make a true returne 
under yo"" hand hereof faile not at yo' perill Dated this 25*'' of 
January 1663 ^ Curia: Edw: Rishworth 



NEW HAMPSHIRE COURT RECORDS 517 

This warant was served upon the houes and Land of Joseph 
Adkison the 26 of Juenuery 1663 by me 

Rob: Eylatt Constabell 

I Robert Eylat after I had sarved this warant as Above men- 
chned Com to waiter abbot and bed him send Joseph Adkson a 
somans for when I served the warant uppon his houes he was 
nott att home 

[Court Papers, vol. i, p. 185.] 

This ^sent wittneseth that wee Rachell Webster & Rich: 
Allison Doe hearby in gaudge our selves exc^« & Administ" to 
pay unto Rich : Cutt or his order the sum of seventeene pounds 
it beinge for one pipe of wine to say fourty shillings in mony 
& fiveteene pounds in m'ch: dry Cod fish to be payd at the He 
of Shoules at or befor the fiveteene of June 1662 & the fish to be 
d'd at the Least ten quintall mdh: together, and this obligation 
is the agreement for as many pipes of wine as y^ abovesd ptys 
shall rec of sd Cutt ech pipe . . . bove is specifyed the time then 
expressed to have full payment in Wittnes of the true ^form- 
ance wee bind our selves Joyntly & severly Dated this 27 of 9" 
1 66 1 Rachell X webster 

Richard Allison 
Wittnes testafy Samuell Baratt Symon Peake 
[12 more pipes acknowledged as received on various dates.] 

[Court Papers, vol. i, p. 187.] 

The Deposition of W™ West aged 23 years sath that John 
Jones serv* to Jn° Lewis was by him putt to m' ffrancis Morgan 
to be cured of a sore Legg & before it was well s'^ Lewis fetched 
him away from s^ Morgan against s'^ Morgans mind & consent 
& after he had him home (as y" s^ servant told this deponent) 
waded in y*' water before he was well w"*' was a retarding & hin- 
drance to his cure 

24 march 1672-3 taken upon oath before me 

Elias Stileman comis' 



5l8 NEW HAMPSHIRE COURT RECORDS 

[Court Papers, vol. i, p. 189.] 

Province of Mayne 

Att a Court houlden at Yorke for the westerne devission of this 
Province this g*^ day of July 1667: 

Letters of Administration granted unto John Dyamont Junior 
of the estate of John Dyamont Senior, deceased, as a Coopartner 
with him In the same estate, soe fare as y" sayd John Dyamont 
Junior ingagd or Concernd with his father y^in, ffor the true 
performance Wof wee John Dyamont Junior & Francis Raynes 
by these presents bind our selves & estates In a bond of foure 
hundred pounds to respond all Legall rightts due from the sd 
estate, wch is to bee done at the Court of pleas houlden for the 
westerne devision of this Province, being . . . 9th: 1668: 

^ Curia: Edw: Rish worth Record^ 

[Court Papers, vol. i, p. 197.] 

The Deposition of Cap" William Sowtone aged about . . . 

I being at y*' house . . . waye fish y being one barn^ Squire 
.... given him abuse y^ s*^ Cutt w*** . . . as to be revenged of 
him he being one . . . follow^ him up to y^ dore & y" Called 
him Cheating Knave wheare upon y« s'^ Cutt went to push him 
& yn ye gd Squirc Layd holt of his heire & handketcher & soe 
fell backward to y** ground & y^ s^ Cutt atope upon w^'^ y s^ 
Cutts wife w**> y*= rest of his family Came out of y^ house & 
weare in great feare seing y" s'^ Squire having holt of his heire: 
soe far as I was doubtfull it would prove to y^ Hurt of m" Cutt 
she being great w*^ Child & after y* m" Cutt w*'' her mayds 
stood in y** porch y^ s^ squire tooke up a salt tube w*'' 4 handles 
& flung it in a monge y"" w"^ if it had taken any of y" Especially 
m" Cutt he might undune y"* for Ev & he swore sever" oath 
in y^ same time 

portsm" I* august 1667 Taken upon oath before me 

Elias Stileman Com'is' 



NEW HAMPSHIRE COURT RECORDS 519 

[Court Papers, vol. i, p. 193.] 

the depshon of John Edwards about the eage of 33 yeres of 
eage this depondend seath that being in presents with Rodger 
Dearing & Thomas Jackson I see thomas Jackson gave a note 
to Rodger Deareing for to goe to his unkell John Jackson for the 
part of acabell bove of m"^ Nicholas braddish which part of acabell 
I see upon a sworne account that Thomas Jackson had paid his 
part, & to my best Remembrance when I made up the account 
be twine them there was but on quarter of beafe that Rodger 
Dearing had paid for that the Rest of the onners had not made 
Sattiesfacshon for this I can declare and noe more and forder this 
deponant seath not 

taken upon oth befoare me 19: 7: 1667: 

James Pendleton Comishener 

[Court Papers, vol. i, p. 195.] 

To y" Marshall of Dover or his Dep*« 

you are requ"^ in his maj*'^ Name to attach y^ body & goods 
of Robert Gardner & take bond of him to y vallue of fortie 
pounds with sufficient securitie for his appearance at the Next 
Court of Associates held at portsm" the Last 3*^ day in this 
Instant month to answ to y^ complaint of m' Thomas Wither 
in an accon of Battery & for taking away his hay out of spruce 
Creeke y^ Last yeer without his Leave & Licence w"'' is much to 
his dammage & So make returne und'" yo"" hand: da: 13*^ sep*''" 
1667 ^ Curia Elias Stileman 

This warrant seaved on body of Robert gardner and bond 
taken this 16 of September 1667 by me 

John Robearts marshall 

[Court Papers, vol. i, p. 195.] 

To y^ Constable of portsm° or his Dep*^ 

you are requ*^ in his Maj*'« Name forthwith to Convey the 
body of Barnard Square unto the prison at Dover there to be 



520 NEW HAMPSHIRE COURT RECORDS 

safely Kept unto y Next Court of Adjournm* to be held at 
portsm° the 17*'' of Septemb"" Next wher he is to answ for his 
abusive carriage to m' Jn° Cutt by pulling by the hair & the 
Neckcloth to y ground & for thretning of him & calling Cheat- 
ing Knave & other cariages of Like Natuer besides swearing 
several oathes & the prison keeper there is requ'^ in his maj"^ 
Name to rec him into his Custody & him safely to keep untill 
y Court aforesd hereof faile you Not at yo"" ^ill da y" i August 
1667 Elias Stileman Com'is' 

[Court Papers, vol. i, p. 197.] 

This Indent' made y^ 31*'' of August 1667 witnesseth y* I 
Robert Daviss of y^ towne of portsm° Carpenf for & in consid- 
eracc'on of a condition hereafter to be ^formed by Rob* purring- 
ton of y" same place Husbandman, doe acknowledg to have given 
granted aliean'd assigned & Set over unto y*^ s^ Robert purring- 
ton to him & to his heires & executors for Ever to Say my now 
Dwelling house together w**' five acres of upland Scituate & being 
& next adjoyning to y« house & Land of y« s*^ purrington at 
Sagamo" Creeke in y^ township of portsm° afores'^ together with 
all my other estate whether moveables or unmovable goods & 
chatties to be to y'' only use of y^ s<^ purrington forever Alwayes 
provided unto y^ w"** y'' s'^ purrington doth consent & agree unto, 
that he y*^ s"^ purrington his heires executo" Adminis" & assigns 
shall & will maintaine ^vide for & Keepe y" s'^ Robert Daviss 
w*'' comfortable & convenient of meate drinke app'e'll washing 
& Lodging in Sickness & health during his y s^ Davis his Natural 
life, & after death to bury him in Such decent man'er as becoms a 
Christian, & further that y s"^ purrington shall & will from time to 
time & at all-times Save & Keepe harmless the towne of portsm" 
from any cost charge or expence in & about y s'^ Daviss in sick- 
ness & in health during y« naturall life of y^ s*^ Daviss & in case 
y« s'' purrington his heires exec" &c. shall fale in due & true 
^formance of all or any the Articles above said to be ^formed 
on y part of y s<^ purrington, then this decde of gift to be voide 



NEW HAMPSHIRE COURT RECORDS 521 

& of none effect, otherwise to stand in full force pow & vertue 
In Witness whereof the s"^ ^ties have enterchangably Set to 
theire hands & Scales y'' day & yeare first above written 

mark of Robert X Daviss 

Signed Sealed & d'd in p'^sents of Elias Stileman Mary Stile- 
man 

This Instrument was acknowledged by Robert Daviss to be 
his ffree act & deede y^ 31 August 1667 before me 

Elias Stileman Comis' 

Recorded according to y originall y'' 13''' day of December 
1667 ^ Elias Stileman Record' 

vera Copia taken out of the 2'^ Booke fo: 142: of y" records of 
Dover & portsm" as attests Elias Stileman record' 

[Court Papers, vol. i, p. 199.] 

London y 26*^ feberary 1668-9 
Lest of y^ men shiped one bord y good hoope of London for 
our present Intended voaige 

Sam : weller Com"" att y^ Ratt of 
Richard Caslicke Mat: at y Rat of 2^: 15" p' month 
phillip watson borswayne at i : 10 
Jeffery flowers Carpendr at i : 18 
Josias Carter att i : 05 

John Collier att i : 00 

Mathew benett Cooke i : 05 

John wellkeings i : 02 

gilbart Carguson Coop' i : 09 

thomas horton i : 04 

gravesen March y^ 26'''' 1668-9 

then Reeved of Sam : weller Comander of y'' good ship hope of 
London in full for one Monthes pay of halfe wages one pound 
seven shillings & sixe pence I say Reeved p' me 

Richard Carslacke 
[In like form Philip Watson signs for 00: 15: 00, Jeffrey Flow- 
ers for 01 : 13: 03, Josias Carter for 00: 12: 06, John Collier for 



522 NEW HAMPSHIRE COURT RECORDS 

go: io: oo, Matthew Bennett for oo: 12: 06, John Wilkins for 00: 
06: 06, Gilbert Ferguson for 00: 07: 04, and Thomas Horton for 
00: 07: 06.] 

This is a true Coppie taken out of Cap* Wellers book & com- 
pared before y Court of associates held in portsm° 30: Sep* 69 

Elias Stileman Cler 

[Court Papers, vol. i, p. 205.] 

The attestac'on of Alice the wife of George Walton 
shee saieth & affirmeth y* her husband did not force his servant 
Walther Weymouth away from his house neither by words nor 
blowes but perswaded him from goeing away at least untill the 
Snowe was off of the ground, and that the weather were warmer 
that there was more probabillitie of getting worke then there 
then was especiallie for a person soe unable and unwilling to 
labour as hee was, and further saieth that shee never heard her 
husband threaten the said Walther Weymouth in any kinde if 
he would not deliver him upp his Indenture, and further saieth 
not 

this taken from her owne mouth w*''' shee affirmeth as a trueth 
this 26° June 1666 ^ me 

Ric : Stileman Constable of Portsmouth 

[Court Papers, vol. i, p. 205.] 

The attestac'on of Dorcus Walton daughter of Geo: Walton 
shee saieth and affirmeth that shee tould Walther Weymouth 
that her father was unwilling to give him upp his Indenture 
before . . . weather because people would bee more wanting 
helpe . . . might sooner gett worke then . . . but the said 
Walther replyed that if her father would not give him upp his 
Indenture hee would trye the highest ... in the Countrie, and 
that hee would not stay any longer with her father, and further 
shee saieth that her father perswaded him to stay untill the 
weather was warmer to this agree George Walton sonn of the 
said George Walton and John Davis his servant 



NEW HAMPSHIRE COURT RECORDS 523 

this taken from her owne mouth w°^ shee affirmeth as a trueth 
this 26*'' June 1666: ^ me 

Ric: Stileman Constable of Portsmouth 

[Court Papers, vol. i, p. 205.] 

The r3epo of Dermont Usher 

Sath that Simeon day was in the house of Geo: Walton aboute 
6 or 7 weeks & in y* time did draw bear wine & Liqu"" & furth' 
the s'* Geo: Walton told this depo* that he had s'^ Simion to Keep 
his Bookes & y^ s^ Dermont told s^ Walton y* if he wer for his 
turn with all his heart furth"" sayth not 

Sworn in associate Court 27: march 1662 

^ Elias Stileman Cler 

[Court Papers, vol. i, p. 207.] 

To y^ m'shall of Dover or his Dep*'' 

You are requ' in his maj*'^ Name to attach y« bodies & Goods 
of Benj : Hull, W"" Jones & take bond of them the vallue of five 
pounds a peece w*^ sufficient securite for their appearance at the 
next Court of Associates held at Strawbery banke the last tues- 
day in this p'sent m° to ansW to their respective p'-sentm^^ Ben : 
Hull for abusing Steven paull & Jones for a Com'on Lyer, hereof 
fale not & make a true return und' y hand: da 4*'' Dec' 66 

^ curia Elias Stileman 

witnes these pressents y' I W" Jones doe binde my selfe my 
heires unto John Roberts marshall in y^ some of five pounds 
sterl to Answer y^ within written Attachment wittnes my hand 
this 15 Decemb' 1666 the marke of William X Jones 

Test Walter Barefoote Hennery Koeirks 

this warrant served on the hous of bengiman hul this 19 of 
desember 1666 by me John Robearts marshall 

[Court Papers, vol. i, p. 207.] 

To y*' Constable of portsm° or dep*'' 

you are required in his ma** Name to attach the bodys & 
Goods of John Tanner & take bond of him to y" vallue of five 



524 NEW HAMPSHIRE COURT RECORDS 

pownds with sufficient securite for his appearance at the next 
court of associates held in portsm° the Last tuesday in this 
p'^snt m° to answ' to his p''sentm* for Living from his wife & 
refusing to appear at the Last court to answ to his somons, 
you are also to attach y" bodies of Tho: Creler & his wife & 
take bond to y^ vallue of ten pownds with sufficient securite for 
their appearance at the s*^ Court to answ' to their p''sentm*« also 
to attach y^ bodys of ffrancis Gray Thomas Avery & Jn° puttie 
& take bond of them to y vallue of five pownds a peece for their 
appearance at s<^ Court to answ' to their severall p■■sentm*^ 
hereof faile not & So make a true return und' yo' hand : da 4*^^ 
decern 66 ^ Curia Elias Stileman. 

This attachm* was sarved upon Tho: Averys Cow y^ ig**" 
desember 166: by me John Partridge Constable 

and upon the body of John Pottell and he bindeth him selfe 
in y^ bond of five pownds for his appearance to me This I5<''' 
desember: 66: John Partridge Constable 

[Court Papers, vol. i, p. 209.] 

To y" Marshall of Dover or Deputy 

You are required in his maj*'"^ name to attach y^ goods & for 
want thereof y^ body of Isaack Stoakes and take bond of him 
to vallue of sixteen pounds w*^ sufficient security for his appear- 
ance at y« next Associate Court to be held at Portsm" the last 
tuesday of this instant m° to answer to the Complaint of Cap" 
James Pendleton Agent and Atturney to Cap" Brian Pendleton 
in an acc'on of Debt to vallue of Eight pounds two shillings 
and Eight pence or therabouts as may appear by booke w*'' due 
dam 'ages and soe make return hereof. Dat: 11*^ Decemb' 1666 

^ Curia Elias Stileman 

this warant served on the hous of Isaack Stokes this 18 of 
desember 1666 by me John Robearts marshall 

26: Dec 66 Jn° Roberts M'shall tooke his oath in Court of 
associates the Isaak Stookes owned the sum in this attachm' 
w"'' he arreasted him for in Cap" Pendletons sute 

^ Elias Stileman Cler 



NEW HAMPSHIRE COURT RECORDS 525 

[Court Papers, vol. i, p. 209.] 

To y Constable of portsm° or his Dep*« 

you are required In his Maj^''"« Name to attach y body and 
Goods of m* Abraham Corbett & take bond of him to y" vallue 
of foure pownds with sufficient securitie for his appearance at y* 
Next Court of Associates held at Strawbery Bank the Last 
Tuesday in this p'sent month then & there to Answ^ to y com- 
plaint of John Averill in an acc'on of y" case for deteining fortie 
six shillings or thereaboute due unto him for worke done for him 
with due dam'ages for the forbearance & So make returne und' 
yc hand: Dat: 11° of Decem' 66 ^ Curia Elias Stileman 

m'' Abraham Corbett bindeth him selfe in the bond of fouer 
pownds to answare John averill accordinge to this attachm* to 
me John Partridge Constable This 20**> of desember 1666 

Abra: Corbett 

[Court Papers, vol. i, p. 211.] 

These presents Witnes that I Robert Couch of Boston doth 
acknowledge to have received of Walter Barefoote of Dover 
Gent the sume of Twenty pounds in New England money upon 
the account and in the behalfe of M"" Antipas Maverique for 
which I doe discharge the said Antipas Maverique dated this 
first of September 1668 Robt Couch 

Witnes W"* Thomas Isaac Gardner Isaack woodle 

[Court Papers, vol. i, p. 213,] 

To John Roberts Thomas Roberds Ralph Twamlie Thomas 
Layten (all of y*= Towne of Dover) 

You & Every of you are hereby Required in his majesties 
name to appear at the next Courtt to bee held att Portsmouth, 
thar to Answar to the Complaint of Christopher Palmer in an 
Action of Trespas upon the Case for Coming upon his marsh 
att Sandy point in Quampscott Pattent without his leave & 
Carrieing away of his hay & Cutting of his Grasse and Carrie- 
ing itt away to his Greatt losse and Damage & hereof faile you 
nott: Datt 30*^^ of march 1666 ^ Curia Samuell Dalton 



526 NEW HAMPSHIRE COURT RECORDS 

[Court Papers, vol. i, p. 215.] 

Portsmouth: 6**^ July 
Names of y^ Jury of inquest upon ye untimely death of Rob* 

Marshall & Jer: Dolley that were drowned y^ Last night being 

the 6th of July 1668 

m"^ Abra" Corbett Ric : 

w"" Seavy Jn° Haskell 

James Johnson Rob* Sheares 

ffra' Drake W"" pesmore 

Peter Walles Edw : Beale 

Jn° Odiorne James Cate 

[Court Papers, vol. i, p. 217.] 

At a Court of Associates held in portsm" y^ 29 Decern' 1668 
M' Tho: Brattle p* ag* Daniell Moore p*ner with Edm: Greene 
in their Smithes trade def* in an acc'on of debt due by bill & 
acco* for severall ^celles of Iron to y^ valine of 18^ 2« 

vera Copia as attests Elias Stileman Cleric 

Daniell Moore Confest in Court that he did employ y^ tooles 
& Iron after Edm*^ Greens decease to his own use by m"" ffryers 
admiss or ord'" 

vera Copia as attests Elias Stileman Cleric 

The Court finds for y^ p* 18' 2^ damages & cost of court 17^ 6"* 
vera Copia as attests Elias Stileman Cler 

The defen* appeales from this Sentence unto y^ next Countie 
Court held at Dov or portsm°, & Dan'' Moore & Joseph Moss 
acknowledge themselves to stand bound in 36' bond to ^cecute 
this appeale to effect according to y Law of appeales the def** 
cost is 8« 

vera Copia out of y Court records as attests 

Elias Stileman Cleric 

[Court Papers, vol. i, p. 217.] 

To y Constable of portsm" or his Dep*'' 

you are requ"^ in his maj"« Name to attach y^ goods & for want 



NEW HAMPSHIRE COURT RECORDS 527 

thereof the body of Dan" Moore who was p'ner in their smiths 
trade w'*" Edm: Green deseased & take bond of him to y'' vallue 
of 36' 4^ with sufficient securite for his appearance at y next 
Court of Associates held at portsm" y 29 of Decem"" next & not 
to depart y Court without Licence then & their to answ the 
complaint of m"^ Tho: Brattle of Boston m'"ch* in an acc'on of debt 
due by bill & acco* for severall ^cells of Iron rec of y^ s'^ Brattle 
to y vallue of i8* 2^ w*** due damages & make a true return und' 
y hand da: in portsm" this 4^'' of Decem: 1668 

^ Curia Elias Stileman 

vera copia out of the records of y" Associate Court held at 
portsm" 29*'' dec 68 as attests Elias Stileman Cleric 

I Joseph Moss Smith & Dan' Moore doe bind o^selves Exec" 
Administ" or assignes unto John Kittle Consta' in y« som of 36' 
that Daniell Moore shall appear at y Court of Associats held at 
portsm° y^ 29 of Dec^ 1668 & answ the within attachm* & abide 
y sentence of the Court & not depart y Court w^^'out Licence 
as witness o' hands this 4 of decemb^" 1668 

Joseph Moss 
Daniell Moore his m. 
vera Copia as attests Elias Stileman Cler 

[Court Papers, vol. i, p. 217.] 

To y^ Constable of portsm" or to his dep* 

You are req"^ in his maj*' Name to Som'ons M"" Edw: west to 
bring y^ booke w^*' he kept in ^tenership between Edm: Greene 
deceased & Dan" Moore to appear at y*' Court of Associates held 
at portsm" y 29 of this Instant to testifie y truth of his Knowl- 
edg in a case depending between Tho: Brattle M''ch' p' & Daniell 
Moore def* whereof fale not & make a true return und' yo' hand 
da: 20 decem 1668 ^ Curia Elias Stileman 

vera Copia as attests Elias Stileman Cler 

1667 Edmond Greene of portsm° Deb'' viz* 



528 NEW HAMPSHIRE COURT RECORDS 

Decern' 6 To his bill given me bearing 

y<= same date 12': o»: c^ 

March 17 To 5' Iron sent him by m"" 

ffryers Ketch 06 : 2 : o 

18 : 2 : o 

Dated in Boston y'' 12 Nov: 1668 ^ me Thomas Brattle 

Thomas Brattle aged 44 years appeared this 17 Novem. 1668 
& tooke his oath y* this is a true acco* compared with his Booke 

this was done before me Edward Ting assist 

vera Copia taken out of y associate Court records as attests 

Elias Stileman Cleric 

I Edmond Greene of piscattaq having now bought of Thomas 
Brattle fifteen hundred of Iron & having p^ him y s'^ Brattle 
Six pownds I doe acknowledg to owe him y" s'^ Brattle the just 
sum of Twelve pounds in money or moneys worth the w'''* I 
^mise to pay unto the s*^ Brattle or his assignes as witness my 
hand this sixt day of decem. 1667 Edmond Green his mark 

Witness Nicho: page. 

I Nicho : page aged thirty one years or thereaboute doe testifie 
that I was p'sent & did see Edmond Green to signe this above 
Note to the use of M^ Thomas Brattle Taken upon oath 
Novemb' 17*'' 1668 before me Edward Ting assist 

vera Copia as attests Elias Stileman Cler 

[Court Papers, vol. i, p. 219.] 

The deposition of Thomas Trickee aged fifte fouer years or 
thereabouts Testifieth & Saith that severall times Edmund 
Green & Daniell Moore were at my house & called for wine & 
Lique"" & they both told me that they were one in their expences, 
further this depont testifieth & saith y* when y goods of sayd 
Greene was praised y^ then I heard y" s'^ Moore acknowledg that 
he was a ^tener w*^'' Edmund Green & further saith not 

taken upon oath before me y 22 decemb. 1668 

James Pendleton Comis' 

vera Copia taken out of y" associats records as attests 

Elias Stileman Cler 



NEW HAMPSHIRE COURT RECORDS 529 

[Court Papers, vol. i, p. 219.] 

The deposition of Mary Stileman aged aboute 34 years. 

This deponent sworne saith y* she being at the house where 
Edmund Greene Lately dwelt soone after his death where m' 
ffryer & m"" Harvy weer Inventorieing the goods where she Heard 
Daniell Moore say that Edmond Green & he were ^teners for that 
year & further m' ffryer asked y^ s^ Dan'' Moore whose y^ ^vis- 
ions that were there was, he s^ it was between them, and further 
the s'^ Daniell Moore Sayd y* the things in the house were halfe 
his & further saith not 

Sworne this 29°: 10 m° 1668 before me 

James Pendleton Com'is' 

vera Copia taken out of the records of the court of Associats 
as attests Elias Stileman Cler 

[Court Papers, vol. i, p. 221.] 

The deposition of Elizabeth Trickie aged 52 yeares or there- 
aboute testifieth & saith 

That Edmond Greene & Daniell Moore being severall times at 
o'' house & did both call for wine & Liquor & bid me & my hus- 
band sett it to any of theire accompts for they were all one to- 
gether, further this deponent testifieth & saith y* sometime after 
s'* Greene was married being in y yeare 67 & 68 this deponent 
being at y" house where Edmund Greene & Daniell Moore did 
Keepe y'' s"^ Daniell Moore bid this deponent very welcom & 
saith as he had been welcom at her house therefore she should be 
welcom to him & further y^ s<^ Moore tould the s'' deponent y* 
halfe of house charges & all other things was his for they were 
all one together, ffurther this deponent was the s-^ house againe 
when there was an Inventory taken of y" Goods of Edmond 
Greene & Daniell Moore that then the s"^ Moore did acknowledg 
y* he was a partener with the s'* Greene & further saith not 

Taken upon oath before me this 22 decem: 1668 

James Pendleton Comis' 

vera Copia as attests Elias Stileman Cler 



530 NEW HAMPSHIRE COURT RECORDS 

[Court Papers, vol. i, p. 221.] 

Edward West aged 29 years or there aboute testifieth that all 
or most of y^ Iron y* Edm° Greene sent for to boston to m' Brat- 
tle he wrote for by the foresayd Greenes ord"" & in his name & 
never by the desire of Daniell Moore or any thing the deponent 
Knowes to his knowledg & further that what soever was their 
acco* they had with one I made generall distinction between 
them in most of their acco*^ 

Deposed in Court of Associats held in portsm" 29 Decem' 1668 

Elias Stileman Cler 

vera Copia as attests Elias Stileman Cler 

[Court Papers, vol. i, p. 223.] 

The Deposition of Nathaniell Fryer aged 40 years or there- 
about 

Testifie & Saith that Soone after the death of Edmond Green 
there was an Inventory taken of what Estate was ffownd in S** 
Greene his house & alsoe what Iron & tooles & other materialls 
was found in the shopp where s'^ Greene & Daniell Moore did 
work & Some few dayes after this the s^ Daniell Moore came to 
me & asked me whether he might not goe to worke in y^ s'* 
Shopp above Named & to make use of y Iron & tooles in the s<i 
shopp then this deponents answer was that he being a ^tener 
with Edmond Greene he might for who Could hinder him to y* 
very purpose was y*' s*^ deponents his answ to y^ s^ Moore soe 
the s"^ Daniell Moore went to worke in y^ s'^ shopp & made use of 
s^ Iron & other goods in sayd shop to this day & further this 
depon* Saith y^ s<^ Moore & Greene did diet & Lodge in his house 
more than twelve monthes & s^ deponent never Keept but one 
acco* for s*^ Greene & Moore & further y^ s'' deponent did Looke 
at them to be partners in all theire deallings & Know not to y*" 
Contrary further this depon*^ did heare Edm° Greene Say once 
that they were all one in theire Calling & further Saith not 

pascattaqua River taken upon oath before me this 22'^ of 
Decem: 1668 James Pendleton Comiss' 



NEW HAMPSHIRE COURT RECORDS 53 1 

This is a true Coppie taken out of y records of the Court of 
Associats held in portsm" as attests Elias Stileman Cler 

[Court Papers, vol. i, p. 225] 

To y^ Constable of Portsmoth or his Deputie 

In his Alajestiss name you are requiered to Attach y goods 
and for want thereof y body of Alaster Edward west and take 
bond of him to y<= vallue of three pounds with sufficient suretie 
for his Appearance att y next Associate Court to be held at 
Dover their to answer to y Complaint of Thomas Cheslie in an 
action of y^ Case of one pound tenn shillings for not returning a 
Canoe which he lent him with due damages and soe make a true 
return under your hand Datted this 10*'' September 1668 

^ y'' Court John Hall 

This Atachment Was serv^ed Upon the Bodey of Edward West 
September the 18*^ 1668 and take his owne word ffor his apere- 
ance att the Corte: per me John Kettel Constable 

[Court Papers, vol. i, p. 225.] 

To y Marshall of Dover or his Deputie 

In his Majesties name you are requered to attach y goods and 
for want thereof the body of william Graves and take bond of 
him to y vallue of three pounds seven shillings with sufficient 
suertie for his apearance next Associate Court to be held at 
Dover there to answer y^ Complaint of Henery kirk in an action 
of debt of one pound thirteen shillings . . . penc or thereabouts 
due by book with due damages and soe make a true returne 
under your hand Datted this 11 September 1668 

^ y^ Court John Hall 

This warrant searved on the body of william graves and bond 
given accourding to the tenner of thease this 21 of the 7 mo 1668 
by me John Robearts marshall 

[Court Papers, vol. i, p. 225.] 

This bill bindeth mee Abraham Collens & my Asignes to pay 
or cause to be paide unto William Graves or his Asignes y* Some 



532 NEW HAMPSHIRE COURT RECORDS 

of two pounds fifftenee shillings in marchantable pine bords at 
Lampert river Landing plase at or before the twenty ffouer day 
of June next ensuing the date heare of wittnes my hand this 
fifften day of Dessember in the yeare of oure lord Anno 1667 

the signe of Abraham X Collens 

the signe of James X Bunker John ffollett 

owned by Ab'm Collens that this is his act in court of associats 
29 sep' 1668 Elias Stileman Cler 

[Court Papers, vol. i, p. 228.] 

The depotion of Joana Chesley m^ west coming by our hous 
and borrowed a Cannoe of Thomas Chesley to goe back again 
and promising To Bring it ore send hit whom again ore mack 
sattifation for the Cannoe 

this was somtime in June 67: [No signature.] 

[Court Papers, vol. i, p. 229.] 

know all men by these presents that I Robert Wadleigh of 
Lamprerele river doe acknowledge my selfe Indebted unto 
Robert Allin the full some of four pounds w^' is to be payd unto 
him his heires execut" administ" or assignes in March* white 
oake pipe staves at Lampreiele River landing place at four 
pounds ^ thousand upon demaund as soone as I can hall them 
oute, and for the trew ^formance here of I binde my selfe my 
heirs execut" & administ" witnesse my hand this 9th day of 
novemb: 1668 Robert Wadleigh 

witness us Antipas Mavericke the mark of abraham X colens 

[Court Papers, vol. i, p. 229.] 

Be Itt Knowne Unto All men by These presents I Edward 
West of Piscattaqua River Vintner Doe bind my selfe my Eyears 
Excequtors Adminstrators And Assignes Unto phillip Cheasley 
of Oyster Rever Senio' or his Assignes In the full & Just sume of 
fifteene pounds Currant mony of New England to be paied Att 
or Before the first Day of Novemb'^ Next Insueinge the Date 



NEW HAMPSHIRE COURT RECORDS 533 

heereof In Wittnes whereof I have heere Unto putt my hand 
And Seale this 29''' of Novemb' 1667 [No signature.] 

[Court Papers, vol. i, p. 231.] 

To y^ Marshall of dover or his deputie 

In his Majesties name you are requiered to attach y" goods 
and for want thereof y^ body of Abraham Collins and take bond 
of him to y^ vallue of five pounds and tenn shillings with suffi- 
cient suretie for his apearance att y next assosiate Court to be 
held att Dover or Portsmoth their to answer y« complaint of 
william Graves in an action of debt of two pounds fifteen shillings 
due by bill with due Damages and soe make a true return under 
your hand Datted this 24 August 1668 

^ y-' Court John Hall 

know al men by thes presnt that we Arter benet and willis droo 
dow bind our selves unto John Robearts marshall in a bond of 
five pounds that Abram collins shal apeare at the next asochat 
Court held at dover to anser accourding to this warrant and not 
to depart without Lisen this 31 of 6 mo 1668 

the marke of Arter X benit 
the marke of williss X droo 

witnes the marke of Jeames X godfre the marke of Ric X 
Smith 

[Court Papers, vol. i, p. 231.] 

Bee it known unto all men by these p'^sents y* I Harlackinden 
Symonds of Gloster in y® County of Essex in newengland Gent 
for a valluable consideracon have bargained & Sold & by these 
p'"sents do bargain sell & confirme unto my brother Sam^' Sy- 
monds of Ipswiche in y^ same county jun' gent: all y* my part 
of y farme called Hand falls being y one halfe of y^ whole, w"'' 
whole farme contains ^ estimac'on six hundred & forty acres of 
land & is one mile square lying on both sides Lampereele river 
begining at y« lower end of y^ Hand by y« falls wher y" saw mill 
now standeth, & so upwards fro' y^ great Bay ward w'''* bay into 



534 NEW HAMPSHIRE COURT RECORDS 

W^ this Lampereele River runneth is between y« meeting howses 
of Exiter & Dover, y^ Moyty of w=** s^ farme my hono'"'^ father 
Sam" Symonds of Ipswich aforesd gent confirmed unto mee as 
by his Deed & release bareing date this p'"sent Aprill viz y 22*'' 
day more fully doth or may appeare : To have & to hold y** one 
halfe of y^ sd farme w*** all & singular its privilidges & appurte- 
nances to him y*' sd Sam" Symonds jun' his heires & Assignes for 
ever In wittness whereof I y« sd Harlackinden Symonds have 
hereunto sett my hand & scale April 22*^ Anno: Dom: 1668: 

Harlackinden Symonds 

Signed sealed & d'd in y^ p'sence of us: Peter Duncan Daniell 
Epps jun' 

M"" Harlackinden Symonds acknowledged this writing to be his 
act & deede before mee Aprill 22*^ 1668: Daniell Denison 

Entred & Recorded in y County Records for norfolk (lib 2"^: 
pa: 119) y^ 11*^ day of August 1668 as attests 

Tho: Bradbury rec*^ 

M" Elizabeth Symonds wiffe of y^ above sd Harlackinden 
Symonds did yeild up her Dower in y^ p^'misses upon y« 19*^ day 
of Septemb^ An: Dom: 1668 before mee Sam" Symonds 

This is a true Copie of y^ originall now on file w*** y^ Courts 
Records as attests Tho : Bradbury rec^ 

[Court Papers, vol. i, p. 233.] 

Att y Court held att Salisbury y^ 14: 2'^ m" 1668 

M' Harlackenden Simonds & M'' William Simonds pit: ag* 
Nicolas Lissen defend* in an acc'on for a trespass done in their 
farme and land in or neare Exiter or Dover in entring upon y* 
farme and felling tymber there &c. as also for his disparaging 
their or either of their right & title unto y« said farme to their 
great damage 

The Jurie finds for y« plaintiff fifty shillings Damage & costs of 
court; y« Court allows for costs: 3: 13: 10: 

This is a true Copie out of y" courts book of Records as attests 

Tho: Bradbury rec"^ 



NEW HAMPSHIRE COURT RECORDS 535 

[Court Papers, vol, i, p. 233.] 

A Covenant made & concluded between Cap* waiter Barefoot 
of Dover in Pascataqua River & Robert wadleigh of y" towne 
of Kitterie in y ^vince of Mayne this Eleventh day of may 
1666: 

Wittnesseth by these p'^sents y* for a valluable Considerac'on 
already in hand received by me y" abovesd Cap* Barefoot fro' y« 
hands of y" sd Robert wadly have sold unto y^ abovesd Robert 
Wadly one halfe of six hundred & forty acres of land w"^ I 
bought of m"^ Harlackinden Symonds lying & being in Lam- 
pereele River more at large described by a bill under m"" Sam" 
Symonds hand by a bill bareing date the twelf day of September 
one thousand six hundred sixty & fower and farther I y aforesd 
Cp* waiter Barefoot doe engage my selfe & my heires to give w* 
deeds & evidences shalbe thought fitt by those learned in y« 
Law to confirme y" same upon y^ demand of y^ sd Robert Wadly 
to all w"^ I y^ sd Barefoot have herunto sett my hand and scale 
y^ day & yeare first above written Walter Barefoot 

Also m'" Sam" Symonds is to make the deeds as full as he can 
by w* title hee can 

Signed sealed & delivered in p''sence of us fflorence Edge her 
X marke John X Everell his marke Robert Gardner 

This Coven* deed was acknowledged by Capt: waiter Barefoot 
to bee his own volentary act & deed y^ ninth of may 1667 before 
mee Samuel Dalton Com'iss' 

Entred & Recorded in y^ County Records for Norfolke (lib: 
;2^ pa 117) y'' 27**" of July 1668 as attests 

Tho: Bradbury rec** 

This is a true Copie of y« originall now on file w**" y« Courts 
Records, as attests Tho: Bradbury rec* 

[Court Papers, vol. i, p. 235.] 

To y^ Constable of portsm" or his dep*^ 

You are requ' in his ma*'^^ Name yo attach y body & goods 
of Edward West & take bond of him to y^ valine of thirtie pounds 



536 NEW HAMPSHIRE COURT RECORDS 

w*^ sufficient Securitie for his appearance at y"^ next Court of 
Associates held at Dover y Last 3'' day in Sep' next to answ to 
y^ complaint of Phillip chesley in an acc'on of debt of fifteene 
pownds in new-England money due by bill w'*' due damages for 
y^ forbearance & Soe make returne und'' yo' hand da: y 7'^ 
Aug* 1668 ^ Curia Elias Stileman 

I Edward West of Portsmouth Vintner doe hereby engage my 
selfe in Thirtie pounds unto John Kettle Constable of Ports- 
mouth or his Assignes that I will appeare at the next Court of 
Associates houlden at dover on the 29° of September next to 
answer y^ within Attachment and abide y sentence of y* Court 
and not depart y"' Court without Licence wittnes my hand this 
7**^ day of August 1668 Edw West 

Wittnes Ric: stileman 

[Court Papers, vol. i, p. 235.] 

The testimony of m"" Samuel Symonds of Ipswich assistant. 

This deponent testifieth & saith that there was a triall last 
Salisbury Court betweene the said Samuel Symonds & Robert 
wadley for the lande whereupon there is a mill built at Lamperele 
River and there found a judgment against the said wadley, and 
that the said Barefoote was p^'sent in the Court at the same 
tyme, and the said Barefoote defended him not. IV'P William 
Simons do also testifie to the truth of w* is above written 

Sworne before the Court at Portsmouth 29. 4. 1670 

Thomas Danforth Reg' 

[Court Papers, vol. i, p. 237.] 

Artickles of agrem* made and Concluded betweene Jn" woolcot 
of newbury in y County of Essex Carpinter & Cap' waiter Bare- 
foote & Rob* wadleigh, both of y towne of Kittrey in y County 
of yorke 

Imprim: I y aforementioned John wollcot doe ingage my selfe 
to build a sufficient saw mill for y^ aforesd Cap* Walter Barefoote 
and Rob: wadleigh at or upon y* falls upon Lamperele river, 



NEW HAMPSHIRE COURT RECORDS 537 

w^ ye aforesd ^ties bought of M"" Symonds, w"*' mill is to be 
sixty & four foote in Length, and 28 foote in bredth w"' floome & 
water whele and all other things for the Carpinter worke there 
unto belonging for to sawe except bordeing the sd hows, and to 
begin upon y aforesd worke at or before y 10*^ day of march 
next insueing this Instant, and Continue upon it up till it be 
fully fmished — 

In Consideration whereof wee y" aforesd Walter Barefoote 
and Rob* wadleigh doe Ingage our selves to provide Iron worke 
for y'' aforesd saw mill, & to draw the timber in place when it is 
hewed, and sufficient helpe to raise y° s'^ frame, and to finde all 
planks bordes and nailes as shalbe nessisary for y sd mill, & bring 
small timber in place unhewed when it is Cutt, alsoe we y aforesd 
Walter Barefoote and Rob* wadleigh doe ingage our selves to 
pay unto y aforesd John wollcot y full some of 80 pounds, 40 
pounds yof in english goods or barbados goods at price Courant 
at pascateway, at or before y first day of may next insueing this 
Instant, and y^ other 40 pounds in march ^ bordes at price 
Courant at pascateway when the aforesd mill is finished, and to 
be at some Conveanient landing place where boates may come to 
take them In: and to provide dyet for him and his Company 
while they are a building y^ sd mill: In Confirmation hereof we 
have Interchangablely sete to our hands this 16 of decemb'' 1664 

John wollcot 

Signed and delivered in the presence of us hen: Greeneland 
Ralph hall 

John woolcot owned this to be a true copy of the origenal in 
his aprehension the . . . of y 8**^ mo 1668: 69 before me 

Rob* Pike Com'is' 
but cannot swear it absolutly because he had not the original 
by him 

[Court Papers, vol. i, p. 239.] 

This is to certifie whomsoever it may concerne y* wheras y^ 
gen" Court hath granted unto mee a farme conteining six hun- 



538 NEW HAMPSHIRE COURT RECORDS 

dered & forty acres of ground att Lamperelle river as by y^ sd 
courts records it doth more att large appeare (the towne of Exiter 
haveing had y^ interest thereof w*^ y^ rest of the land northward 
as far as Oyster River (before y^ Massechusets goverm* did ac- 
tually possess y^ same fro' the Sagamores & Indians Inhabiting 
there) haveing granted & confirmed also unto mee my sayd 
farme This I say doth wittnes that I Sam" Symonds of Ips- 
wiche in y*' county of Essex gent : have all ready granted unto my 
sone Harlackinden Symonds y« one halfe of y^ said farme To 
have and to hold the same to him his heires & Assignes for ever, 
as may farther appeare by my Deed formerly made to him under 
my hande & scale: Ipswiche y^ 12*'' day of September 1664 

Sam" Symonds 

Own'd by m' Sam" Symonds in y^ Court att Salisbury y« 14*'' 
2^ m° 1668 Tho: Bradbury rec*^ 

This is a true Copie as attests Tho : Bradbury rec** 

[Court Papers, vol. i, p. 241.] 

To all people to whom this Writeing shall come I Walter 
Barefoot of Dover on Puscataqua Chyrurgeon send greeting 
know yee that I the sd Walter Barefoot for a valuable Considera- 
tion allready in hand received by mee y^ sd Walter Barfoot from 
the hands of Robert Wadleigh of Lamperill river have given 
graunted bargained sold alienated enfeofed & confirmed, & doe 
by these presents freely & absolutly give graunt bargaine sell 
alienate enfeof & confirme unto the sd Robert Wadleigh one halfe 
of six hundred & fourty Acres of land which I bought of Har- 
lackenden Symons lying & being in Lamperill river, which sd 
Land was graunted to y^ sd Harlackenden Symons by his father 
Samuell Symonds of Ipswich in the County of Essex Gent, by a 
bill under y sd m'' Samuell his hand owned by him y sd Samuell 
in Court at Salisbury on the fourteenth day of the second Month 
in the yeare of our Lord one Thousand six hundred sixty & eight 
To have and to hold the said Three hundred & Twenty Acres of 
Land unto him the sd Robert Wadleigh & unto y only proper 



NEW HAMPSHIRE COURT RECORDS 539 

use & behoof of him the sd Robert Wadleigh And the sd Walter 
Barefoot doth hereby covenant for himself & his heires that he 
y« sd Walter stood lawfully seized of y sd Land at the time of 
makeing his covenant (under his hand dated y^ eleventh day of 
May in the yeare of our Lord one thousand six hundred sixty & 
six) with y sd Wadleigh And the sd Walter Barefoot doth fur- 
ther covinant for himself & his heires with y sd Robert Wadleigh 
& his heires the sd Land to warrant & defend against any person 
or persons claiming any right title or interest therunto or any 
parte therof by «& under him y*^ sd Walter Barefoot or his heires 
& by or under y'' abovsd M'' Samuell Symonds Senior or his heires 
or Assignes & all other persons under them or any of them. In 
witnes wherof I have herunto put my hand & Seale this fourth 
day of June in the yeare of our Lord one thowsand six hundred 
sixty & nine & in y'' Twenty first yeare of the Reigne of our 
Soveraine Lord Charles y"' second King of great Brittaine ffrance 
& Ireland, Defender of y^ ffaith &c. Walter Barefoote 

Signed sealed & delivered in the presence of us Jeabez Salter 
P: Goulding 

waiter Barefoote acknowledged this to be his act & deed : 4 : 4 
m° 69 before us W"" Hathorne Assist 

Edw Tyne 

I Robert Wadleigh have received this only as a conveyance 
still expecting the Generall Courts judgment shall be fullfilled 
and this I expressed to waiter Barefoot when I received this 
instrument from him in y^ presence of two witnesses 

Jeabez Salter 
P: Goulding 

A true Copie of this deed is left w*** y Records of y" County 
Court held att Salisbury y 12*^ of y 2^ m" 1670 as attests 

Tho: Bradbury rec^ 

[Court Papers, vol. i, p. 246.] 

There being a Controversie betweene Capt waiter Bearfoot 
and Robert wadley one y" one party and John woolcott y^ other 



540 NEW HAMPSHIRE COURT RECORDS 

party about a Saw mill to bee built by y sd John woolcott for 
y« use of y^ parties above Exprest as by their Articles doe appear 
they have Jointly agreed and bound themselves to putt itt into 
y" Hands of two men fully to Determine the Controversie aboutt 
the mill & all other Controversies and Differences between them 
According to y" true meaning of the bond & Articles Drawn to 
y* End and Haveing Chosen m'' Dudly of Exetur Sinio"" & Hugh 
marsh of Newbury to putt a full end & determination to the 
Case or cases p'sented to them these two parties nott agreing 
they wear pleased Jointly to putt it into y^ Hand of me Ltt 
Benjamin Swett of Hampton as a third man to putt a finall End 
and Issue to the Cases in Controversie between them I haveing 
Heard w" both parties would say in the case or cases & Exam- 
ined w* Evidence they brought in (upon Deliberate Considera- 
tion) I doe Conclud & Determin y* Cap* Walter Bearfott & 
Rob* Wadley shall pay to the above sd John Woolcott for what 
worke he hath Done upon or aboutt y^ Saw mill y^ full Sume of 
fifty pounds in Currantt pay as in their Articles of Agrementt is 
Exprest as also they shall pay forty five shillings to m'' Dearing 
of Hampton towards y Charg of y Arbitrac'on & other charg 
Depending theron & this to bee a full and finall End of this 
Controversie above Expressed and all other differences w* soever 
according to the true intentt of y^ bond In which they Had 
Jointly Bound themselves to Each other Dated July y^ Sixth 
1666 Benj Swett 

Signed in y p'^sents of us Hen Dearing John Barsham Between 
twelve & one of y^ clock in y« Day 

Leiu** Benjamin Swett Appeared before mee this 27th of June 
Anno 1670 and testified upon oath that this above written was a 
true Coppie of the Award being Compared w*^ the originall in his 
Hands as Attests Samuell Dalton Com'issin"" 

[Court Papers, vol. i, p. 247.] 

A Covenant made & concluded betweene m"" Harlackenden 
Simins and Walter Barefoote this 29 septemb"' 1664 



NEW HAMPSHIRE COURT RECORDS 54 1 

Witness these p'sents that for a valluable Considerac'on al- 
readie in hand received by me the abovcs*^ Simons of y^ aboves"^ 
Barefoote have Sold unto y^ abovesaid Barefoote The one halfe 
of six hundred and fortie acres of Land which is Specified under 
m^ Samuell Simons hand by a bill bearing date the 12"' day of 
September 1664 and doe farther engage my selfe my heires to 
give what deede & evedences shall be thought fit by them 
Learned in y^ Law to confirme the same, upon y*' demand of the 
s"^ Barefoote, to all W^ I y* s'^ Simons have hereunto set my hand 
& Scale the day & yeare above. Harlackenden Simins 

Signed Sealed & DeH in the p^sents of us Henry Greenland 
Samuel Symons Jun'' Simon Tuttle 

A true Coppie of this being taken & left in y^ Court of Assist- 
ance file March: 68: Attests Edw: Rawson secrecy 

A true Coppie of this being taken & left in y" Countie Court 
held at Salisbury file y'' 13*^ 2 m° 69 as attests 

Tho: Bradbury recor<^ 

Dover y 29*'' Septemb"" 1668 m"" Henry Greenland deposed he 
saw Harlackenden Simons Signe Seale & deliv this above written 
as his act & deede before me Elias Stileman com'is' 

M' Simon Tuttle of Ipswich deposeth that he saw m' Harlack- 
enden Simons Signe Seale & deliv this Instrum* as his act & 
deede according as it is both in respect of date & tenn^ Sworne 
y I* of y« I* m° 1668 Before me Robert pike com'is' 

This writing was acknowledged to be y^ act & deede of m' 
Harlackenden Simins Before me the 26: day of July 1669 

Roger plaisteed Associate 

Recorded according to y^ originall y 9*^ of Decemb' 1669 
^ me Elias Stilman Record' 

This is a true Coppie taken out of y^ 3^ Booke of Dover & 
portsm° fo: 21 ^ Elias Stileman Record' 

[Court Papers, vol. i, p. 249.] 

The accoumpt of what Robert Wadleigh have disbursted 
aboute y^ saw mill at Lamprell river from Jeneuary the 15^'' 1664 
untill October 1668 



542 



NEW HAMPSHIRE COURT RECORDS 



Imprim: for the purchase of y^ land 

To John Woolcot for wages 

for bords and drawing them to y place 

To 2 gall^ liquor for y workemen 

for time & charges in transporting of goods to y 
place & expences 

To one pare of hinges 

To 5 dayes time of I2 oxen & 2 men 

To 200^ bord nailes 

To william Rogers & m"^ Rob* Gardner and Row- 
land fflansell for wages & dyet 

To william Grands for wages & dyet 

More for other helpe to rayse y^ mill 

To one small rope 

To one gall" Licquor 

for three men wages and dyet 

To 2 gall" licquor 

To henry Browne for hailing of timber and dyet 

for planke and bords 

To the Carpinters dyet : 3 men 

To Digery Jeffrey in wages 

To 4 moneths dyet 

To Phillip Gullison in wages 

To 9 moneths dyet 

To m' Rob* Gardner for 9 moneths worke at 3' ^ 
moneth 

To 9 moneths dyet 

To Arthur Stranguidge in wages & dyet 

m° to Arthur Stranguidge 5 weekes time 

To 5 weekes dyet 

To Isaac Cole for wages 

To 4 moneths dyet 

for makeing y« running gear for one frame 

To 10 weekes dyet 



£ s d 
80-00-00 
40-15-06 
03-18-00 
00-16-00 

01-10-00 
00-03-00 
05-00-06 
00-08-00 

06-16-00 
09-00-00 
01-10-00 
00-14-00 
00-08-00 
08-10-00 
00-16-00 

II-IO-OO 

06-00-00 
13-10-00 
12-00-00 
06-00-00 
19-00-00 
13-10-00 

27-00-00 
13-10-00 
10-00-00 
05-00-00 
01-15-00 
18-00-00 
06-00-00 
08-00-00 
03-14-00 



NEW HAMPSHIRE COURT RECORDS 



543 



To m"' Rob* Bellgrove for wages and dyet 

To Rob* Allin in wages and dyet 

for planks & bords & nailes aboute y" dam and 
ffloome 

To Joseph Smith in wages & dyet 

To my owne p* of Ireon worke 

To James Godfrey for 3 dayes time w*^ him selfe 
& eight oxen 

for drawing of timber for y dam 

for drawing of timber for y" floome and to lengthen 
the mill 

To my owne time 3 yeares 

To 3 yeares dyet 

for 2 Chaynes 

To John Palmer wages & dyet 

To Hen : Magoone wages & dyet 

To Jonathan Robinson 

To y Ireon worke for y*' other frame 

To the running geares of y other frame 

To Goodman Lissen for one yeere and a halfe time 

To his dyet 

by damage for hindering me from Improveing my 
sd mill I being sued and molested severall times 
by mr. Symonds and his sonns and the mill 
taken from me ' 



22-06-00 
1 1 -00-00 

1 7-00-00 
04-00-00 
27-00-00 

01-13-00 
01-18-00 

03-05-00 
[50-00-00 
54-00-00 
04-13-00 
05-00-00 
00-16-00 
00-12-00 
30-00-00 
17-10-00 
75-00-00 
27-00-00 



200-00-00 



[Court Papers, vol. i, p. 251.] 

The Narative & testimony of m"" Harlackinden Symonds 
touching y^ actings between Cap* Barefoot & himself e reffering 
to y^ ^ posed Exchang of lands between them in y^ yeare 1664 

Cap* Barefoot meeting mee at Ipswich in Court time said he 
desiered to speak a few words w**" mee, so wee went along to- 
gether & he told me y* hee had bought of m"" John Endicott a 
great tract of land bigg enough for a township part wherof he 
said he was willing to exchange w*'' me for my part in y'' farme 



544 NEW HAMPSHIRE COURT RECORDS 

at Lamperele river so after some discourse wee went to Deacon 
Pengraves ordinary & there contineuing his Discourse he spake 
largly of y place in a com'endac'on therof it being neare y« 
Bay & upon Merimac river & for his title to it y* it was very 
good, & hee accounted it as good as any mans in New Engl: for 
it was not an Indian title soe contrarie to y^ law, not being sold 
but given by an Indian & y* to y^ governo" oldest sone, & y* 
some of y magistrates being acquainted with it gave hope, or 
doubted not but it should bee confirmed by y« genii court hee also 
said it was an estate of Inheritance, & were it not to me being 
Desierous to have me a partner w*'' him he would not part w*'' 
it upon any account, & many words he spake to y^ same purpose 
saying hee looked on it as y^ principle part of his estate in new 
Engl: & after y^ writings were made (w"^ he Drue himselfe) he 
still contineued & applauded y^ worth of his land there amongst 
other things saying, I ^test y^ thing is worth a thousand pounds. 
Nay I will not take a thousand pound for my part of it makeing 
no question butt it wilbe confirmed by y^ gen'i Court: 

M" Harlackinden Symonds upon his oath testified to y" sub- 
stance of y* which is above written: Novemb^ 13: 68 before me 

Daniel Denison 

This is a true Copie of y® originall now on file w*^ y^ Courts 
Records, as attests Tho: Bradbury rec^ 

[Court Papers, vol. i, p. 251.] 

To y« Marshall of Hampton or his Deputie 

You are herby requiered in his ma*'^« name by order of y^ 
County Court now held att Hampton to put m"" Harlackinden 
Symonds & m"" william Symonds their or either of their Agent 
or Agents Atturney or Atturneys into possession of their farme 
& land neare Exiter or Dover According to y judgm* granted 
unto them by y" Court held att Salisbury y^ 14*'' of y'' second 
m° 1668 & to deliver unto them y« damage & costs in y" sd 
judgm* mentioned w"^ doth amount to y^ sum of six pound 
3' ten pence w*'' all charges about y*' Execuc'on of this Order 



NEW HAMPSHIRE COURT RECORDS 545 

By expresse Order of y'' County Court held att Hampton 
y« 13*^ 8 m° 1668 Tho: Bradbury rec^ 

A True Copie out of y" Courts book of Records as attests 

Tho: Bradbury rec* 

[Court Papers, vol. i, p. 253.] 

To the marshall of Dover or is deputy or constable of Dover 
or his deputye 

By vertue hearof you are required in his majesties name to 
attach the goods & for want therof the bodye of James Rawlin 
and take bond of him to the value of fifty pounds with suficient 
security for his f^sonall appearance at the next court to be 
houlden at Dover the last tewsday of this month then and there 
to answere the complaint of m'' John Coggswell in an action of 
the case for withhoulding three pieces of kersie & two eleven 
shilling peices of gould delivered unto the sayd James Rawlin 
which he promised and ingaged to deliver unto the sayd John 
Coggswell & dew damages & soe make a truew returne thereof 
under your hand dated the 18*** of June 1663 

By the court Robert Ford 

This Atachment sarved upon house & Land boattes I say 
Atacht by mee Thomas Roberts Coanstable 

the Constable upon his oath of Constable affermes that he had 
attached a new frame more then is menconed above at y^ same 
time Dover Court i June 63 ^ Elias Stileman Cler 

Wee doe find for the pit Costs of Court, and for Cloth, Gold, 
and Damages 22 • 6^ ic* 



INDEX 



GENERAL INDEX 



Agamenticus 16, 26 

Back Cove 66,487 

Back River 14, 25 

Batchelder's Point 309 

Bellamy Bank 331, 341 

Bellamy Bank Falls 74 

Bellamy Bank River 91 

Bickford's Point 331 

Bloody Point 28, 50, 70, 96, 103, 141 

152, 158, 160, 162, 164, 169, 177 
184, 248, 249, 272, 276, 331, 466 

Boston, Mass 14 

Bridges 16, 28, 29, 113, 158 

164, 218, 219, 254, 272, 282, 283 

Carr's Island 434 

Cocheco 71, 72, 88, 138, 157, 160 

Cocheco Falls 99, 454 

Cocheco River 126, 158, 164, 454 

Cold Harbor 72 

Doctor's Island 329, 330 

Dover 13, 14, 16, 19, 25, 28 

29, 37-41, 44, 50, 52, 59, 82, 88, 89 
96, 102, 103, 111, 113, 115-117 
119, 121, 122, 124, 125, 129, 130 
135, 136, 138, 140, 143, 145, 150 
151, 155, 156, 158, 159, 162, 164- 
167, 169, 172, 173, 176, 178, 180 
182, 196, 204, 205, 210, 211, 213 
219, 220, 230, 237, 242, 247, 248 
254, 260, 265, 272, 275, 276, 290 
292, 304, 305, 317, 326, 331, 339 
340, 343, 377, 385, 400, 402, 465 
479, 502, 515 
See also Cocheco, Northam. 

Dover Neck 158, 159, 169 

Durham, see Oyster River. 

Exeter 6, 16, 22, 28, 29, 31, 116, 117 

399, 400, 425, 427, 429, 434, 538 

Exeter River 32, 438 

Ferries 9, 51, 60, 248, 309, 339, 377 

Fort Point 246, 249, 252, 398 

Fox Point 10 



Frame Point 118, 119 

Fresh Creek 156, 453, 477, 479 

Great Bay . 15, 19, 25, 66, 67, 135, 141, 533 

Great Cove 25, 66 

Great Island 9,95,98, 101, 113, 131 

177, 213, 252, 266, 339, 378, 402 
409, 506 

Greenland 158, 163 

164, 169, 184, 215, 244, 276, 331 

Hampton 21,28,30,31,41,50,96 

103, 182, 366, 367, 376, 382, 383 
387, 400, 426, 429, 434, 447, 448 

Hilton's Point 88, 138 

Hogg Island 289, 290 

Hogsty Cove 135 

Indians, Ben Huntaway 430, 433 

Cromwell 229 

Harry 322 

Mary 338 

Mary Agawam 477 

Richard 322 

Squando 333 

Wahanamanet 202 

William 338 

Isles of Shoals 20, 143, 146 

270, 284, 305, 335, 356 

Johnson's Creek 88 

Kittery, Me 262 

Kittery Point 339 

Lamprey River 16, 28, 31 

113, 116, 117, 124, 129, 135, 158 
164, 219, 254, 256, 285, 292, 331 

Little Bay 10 

Little Harbor 309, 390, 393 

Littlefield 32 

Littlejohn's Creek 254, 272 

Long Creek 77 

Long Reach 83 

Lubberland 289, 489 

Malligoe Island 289 

Mines 430 

Mole 124 



550 



INDEX 



Mosquito 113, 457 

Mosquito Hall 101, 123, 457 

Newbury, Mass 182 

Newcastle, see Great Island. 

Newichwannock 131, 458 

Newington, see Bloody Point. 

Northam 5,6,25,135 

Oyster River 24, 54, 56, 59 

69, 77, 82, 85, 86, 102, 125, 127 
131, 134, 138, 141, 196, 204, 205 

Oyster River Falls 331 

Oyster River Point 88 

Pickpocket Mill 438 

Pine Point 31 

Piscassock River 117 

Portsmouth 89, 112 

113, 121, 122, 125, 129, 131, 132 
13fr-138, 140-143, 146, 147, 150 
155, 157, 158, 164, 169, 170, 176 
184, 198, 200, 203, 204, 209, 211 
218, 219, 221, 223, 237, 242, 246 
263, 266, 275, 276, 278, 282, 290 
305, 317, 326, 331, 400, 505, 507 
See also Strawberry Bank. 

Pounds 254, 276, 304 

Prisons 19, 29 

103, 142, 151, 176, 197, 210, 213 
271, 339, 340, 398, 400, 402, 465 

Pulpit 281 

Quakers 182, 185, 186, 189, 200, 249 

Quamphegon 453 

Quamscook 481 

Roads 28,88,96,103 

131, 138, 143, 158, 164, 169, 170 
184, 200, 203, 219, 276, 331, 399 

Rocky Point 498, 499 

Rowley, Mass 182 

Ryall's Cove 10 

Sagamore Creek 65, 96 

101, 175, 392, 520 

Salem, Mass 182 

Salisbury, Mass 182 

Salmon Falls 292 

Sanders Point 309 

Sandy Beach 340, 393, 395 



Sandy Point 525 

Schools 290, 331, 340 

Ships, Black Cock 325, 326 

Blessing 116 

Fortune 156 

Francis 225 

Friends Endeavor 388 

Friendship 231 

Gift of God 391 

Good Hope 521 

Grace 249 

Hopewell 135 

Jean 511 

John 240,241 

Lake 65 

Mary of Nance 152 

Peter 247 

Primrose 342 

Prosperous 306 

Walter and Deborah 207 

Smuttynose Island 147 

Spruce Creek 337,519 

Star Island 30, 39, 42 

50, 52, 59, 63, 68, 83, 94, 110, 143 
159, 194, 217, 222, 230, 250, 277 

Stocks 95,131 

142, 203, 230, 242, 254, 304, 340 

Strawberry Bank 9, 14, 16, 28, 37-39 

41, 50-52, 57, 59, 60, 82, 87, 93, 95 
96,103,121,339 

Sturgeon Creek 31, 98, 111, 118, 119 

Swam Point 109 

Tegtuckwock Pond 430 

Thompson's Point 341 

Umbumbatuck 31 

Walford's Island 51 

Weights and measures 88, 165, 166 

230, 265, 276, 304 

Welchman's Cove 170 

Wenham, Mass 182 

Wheelwright's Creek 385 

Winnesimet 137 

Winnicott River 37, 156 

Winter Harbor 147, 249 

Witchcraft. . . .38, 122, 129, 258, 304, 368 



INDEX OF PERSONS 



Abbott, 



108, 153 



Harvey 44 

Peter 210, 214, 220, 289, 378 

Richard 339, 357, 374, 399, 400 

Sarah 108, 167, 189, 221 

224, 229, 480, 484, 485, 514, 515 

Sarah (m. Sherburne) 235 

247, 253, 258, 291, 292, 377, 383 

Thomas 321,378 

Walter. . . 17, 53, 82, 84, 89, 109, 110 
113, 114, 129, 130, 134, 141, 146 
148, 150, 152, 154, 156, 161, 171 
176, 177, 179, 184, 187-190, 194- 
196, 205, 212, 219, 224, 235, 247 
258, 278, 291, 292, 321, 378, 414 
461-463, 466-469, 471^73, 484 
497, 499, 502, 507, 508, 513-517 

Abington, William 7, 8 

Acey, Hannah (Green) 433 

John 433 

Adams, Abel 461, 462 

Charles 70,80 

103, 108, 323, 386, 465, 469, 509 

Deliverance 348 

Jane (Turpin) 280 

Peter 275,281 

PhiUp 280,309,322 

Thomas 309 

Agnew, Niven 465 

Alcock, John 27 

Aldrich, William 172 

Alexander, Richard 267, 279, 291 

Alford, Benjamin 403 

Allard, Hugh 292, 306, 317, 334 

AUen, Charles 137, 138 

Deliverance 354 

Edward 352,410 

John 384,425 

Mary (Andrews) 425 

Robert 532,543 

William 441 



Allerton, Thomas Ill, 112 

Allison, Richard 159, 165, 170, 172 

177, 188, 207, 208, 482, 500, 512 
513,517 

Almery, Robert 325 

Amazeen, John 171, 180, 215 

244, 246, 262, 266, 338, 343, 344 
352, 378, 379, 391, 397, 510, 511 

Mary (Walford) 215 

Ambrose, Richard 330 

Andrews, Jedediah 178 

John 295,300,342 

Mary (m. Allen) 425 

Ardell, William 405, 406 

Armitage, 42 

Joseph 30,32,44,47,73 

Ash, William 489 

Atherton, Humphrey 143, 152 

Atkinson, Joseph 90, 94, 129, 144 

158, 163, 188, 203, 420, 516, 517 

Ault, John 18, 25, 37 

57, 59, 69, 70, 78, 84, 97, 109, 119 
128, 131, 143, 192, 213, 250, 254 

Remembrance 18, 250 

Austin, Joseph 33, 35, 80 

108, 110, 119, 125, 142-144, 152 
181, 359, 482, 485 

Samuel 54,59,125, 162 

Sarah 181 

Thomas 348 

Averill, John 208, 525, 535 

Avery, Lawrence 66, 67 

Thomas 137, 145, 253, 267, 272 

278, 284, 340, 374, 375, 377, 524 

Widow 388 

Ayers, Amy (Cowell) 413 

Nathaniel 413 

Babb, Peter 328 

Philip 137, 264, 328 

Bacon, William 340 



552 



INDEX 



Badcock, Nicholas 401 

Bagley, Orlando 443 

Bagworth, Benjamin 403 

Baker, John 11, 17, 48, 59, 38G, 395 

Joseph 287,296 

Walter 11 

Balch, Freeborn 134 

Ball, Edward 463 

Ballou, see Bellew. 

Banfield, Christopher 203, 206 

John 253,255,271,461 

Barefoote, Walter 171, 172, 179, 180 

198, 206, 207, 209, 210, 217, 225 
227, 233, 234, 236, 242, 245, 256 
257, 262, 267, 268, 277-280, 291 
292, 307, 314, 316, 324, 326, 327 
350, 364, 365, 373, 387, 389-392 
396, 397, 399, 404, 405, 498, 499 
503, 505, 523, 525, 535-541, 543 

Barlow, George 32, 44 

Barrett, Samuel 517 

Barsham, John 253, 540 

Richard 138, 139 

Bartholomew, William 209 

Barton, Edward. 58, 84, 97, 118, 127, 129 

George 249 

Basson, Richard 88 

Baston, Joseph 489 

Batchelder, 87, 88 

Alexander . . . 120, 125, 129, 136, 149 

Ann 149,157 

Mary 253 

Mary (m. Richards) 287 

Nathaniel 371,374 

381, 405, 429, 444 

Stephen 23,24,287 

Batt, Christopher 341 

Batten, John 38, 42 

Beal, Edward. . . .259, 286, 287, 296, 526 

Frances 254, 281, 282 

Bean, Mary (m. Judkins) 425 

William 83 

Beard, 54 

Elizabeth 332 



Beard, continued. 

John 159 

Joseph 341,357 

371, 376-379, 404, 405 

Mary 340 

Thomas 5, 19, 27, 33, 34, 36 

55-57, 74, 77, 81, 84, 110, 112, 118 
121, 126, 136, 144, 169, 188, 189 
192, 207, 213, 264, 270, 272, 277 
283, 304, 311, 338, 347, 353, 376 
485, 508, 509, 511, 512, 515, 516 

William 6,11,17,20,57-59 

81, 83-85, 108, 109, 115, 127, 143 
192, 231, 238, 244, 285, 288, 332 

Beck, Henry 17, 51, 97 

118, 125, 136, 144, 220 

John 348 

Bedford, Nathan 292, 334 

Belcher, Samuel 346 

Belgrove, Robert 247, 543 

Belhash, 241 

Bellew, William 5, 9, 12, 14, 16, 17 

Bellingham, Richard 41, 92 

Bemis, John 170 

Jonas 31 

Bendall, Phihp 144, 151 

Benjamin, Samuel 161 

Benmore, Hester 360 

Philip 288,332 

Rebecca 360 

Temperance 360 

Bennett, Arthur 533 

John 411 

Matthew 521,522 

William 349 

Bennick, Arthur 247, 267 

291, 300, 385, 436 

Berry, Giles 289, 349 

Jane 107,108,112 

John 220, 288, 339, 480 

Joseph 314, 377, 386, 390 

William 57,59,61,112 

BeviU, Joan 136 

John 136 



INDEX 



553 



Bewers, John 291 

Bickford, Edward 369, 370, 378, 404 

Elias 462 

John. . .57,89,97, 108, 117, 118, 128 
130, 134, 140, 173, 178, 213, 220 
223, 250, 257, 261, 271, 276, 277 
279, 285, 327, 333, 336, 340, 350 
353, 390, 404, 465, 469, 477, 493 

John, Jr 192, 270, 289, 330, 340 

Lydia (m. Drew) 289 

Mary 328 

Nicholas 328 

Temperance 493 

Thomas 404 

Bickham, Richard 385 

William 254, 258, 259 

261, 268, 272, 278, 286, 305, 307 

Biggs, Hester 35 

Thomas 16, 32, 35 

Binns, Jonas 465 

Birch, John 124 

Bishop, Job 355 

Black, John 394 

Blagdon, James 264, 270 

274,276,337,351,356 

Blagg, Edward 207 

Blake, Samuel 219 

Timothy 449 

William 191 

Bodwin, Richard 240, 241 

Boisey, Simon 15 

Booth, Thomas 505 

Boulter, Nathaniel 21, 22, 32 

216, 362, 367, 372, 374-376, 380 
382, 392, 394, 396, 448 

Nathaniel, Jr 372 

Bovey, Nicholas 269 

Bowden, Christian 10 

William 349 

Bowman, 317 

John 329,330,332,406 

Bowrey, John 225 

Boyes, Matthew 135 

Richard 307,347,418 



Brackett, Anthony 44, 58, 97 

129, 137, 153-155, 159, 168, 213 
254,288,311,323 

John 393,396 

Thomas 265 

Bradbury, Thomas 488, 492 

493, 495, 497 

Thomas, Jr 493 

William 495 

Braddock, Nicholas 232 

Robert 290,337 

Bradish, Nicholas 519 

Bradley, Richard 317 

Bradstreet, 216, 453 

Simon 245, 406 

Bramhall, George 288, 323 

335, 339, 349 

Branson, George 29. 41, 47 

57, 60, 62, 100, 128 

Brattle, Thomas 246, 526-528, 530 

Brawne, Michael 70, 71 

89, 95, 97, 98, 160, 165 

Bray, John 207 

Richard 128 

Thomas 327 

Brazen, Mihill 230 

Bres, Jonas 128 

Brewster, John 87, 214 

220, 265, 277, 396 

Sarah (m. Hinckson) 447 

Sergeant 339 

Wrestling 3-5 

Broad, Abigail 346 

George 237 

Judith 419 

Judith (m. Webster) 345, 346 

William 210,279,345, 346, 419 

Bromfield, WiUiam 481 

Brookings, Henry 136, 159, 230, 343 

Mary (Walford) 226 

William 109, 127, 143 

220, 226, 227, 239, 252, 348, 356 

Broughton, George 290 

Thomas 179, 204, 205, 292 

Brown, Henry 88, 189, 442, 542 



554 



INDEX 



Brown, continued. 

Jacob 393 

James 107, 327 

John 257,449 

John,Jr 427 

Nicholas 33,35,47 

Sarah (m. Greeley) 425 

WiUiam 247 

Buckner, Charles. . 150, 479, 483, 498, 512 

William 43 

Bugg, John 293,297 

Bulgar, Richard 3-6, 8 

Bullivant, Benjamin 400 

Bunker, James 75, 125, 136 

221, 332, 417, 465, 532 

Burdett, 26 

Burgame, WiUiam 474, 490 

Burkes, John 231, 232 

Burnell, Agnes 335 

Tobias 313,319,322,335 

Burnett, George 130, 131 

Burnham, Robert 137, 144, 169 

173, 186, 205, 223, 228, 233, 255 

265, 266, 271, 285, 303, 323, 326 
327, 339, 373, 390, 399, 400, 402 

502, 503 

Samuel 410 

Bursley, John 6, 9, 31-33, 44, 114 

Bussy, Simon 228, 231 

Buswell, Susan 441 

Susanna (m. Fuller) 448 

Buttells, Leonard 27 

Byfield, Nathaniel 342 

Cadogan, Rice 59, 83, 119 

Cady, Gilbert 324 

Galley, Richard 351 

Campbell, David 235, 260, 265 

266, 269, 272, 275, 297-299, 305 
Campian, Clement 3, 5, 6, 12-14 

19, 21, 36, 58, 73, 74, 77, 87, 92 

Candee, Christian 43 

Canney, Jane 87, 113 

Joseph 255, 293, 305, 306, 312 

323, 332, 358, 374, 377, 405, 410 



Canney, continued. 

Mary 410 

Phoebe 147 

Sarah 418 

Thomas 8-11,20,40 

48, 63, 80, 92, 113, 118, 120, 126 

135, 137, 147, 156, 157, 194, 207 
212, 256, 260, 303, 321, 346, 361 

377, 418, 453, 479 

Thomas, Jr 276 

Card, 310 

Carle, Richard 114, 115, 129 

Carley, Teague 316 

Carpenter, Grace 337 

Lawrence 304, 337 

Carslake, Richard 521 

Carter, Edward 350, 392, 394, 404 

Josias 521 

Thomas 289,296 

Cartwright, Edward 290, 305 

Case, Samuel 369, 395 

Cass, Joseph 394 

Martha (m. Lyon) 438 

Mary (m. Green) 425 

Gate, AUce 167, 337, 480, 484, 485 

Edward 388 

James 122,171,188,190 

253, 311, 337, 371, 484, 516, 526 

Cater, Edward 264, 274, 286, 287 

313, 319, 322, 335-337, 354, 395 

Grace 351 

Richard 31, 116, 118, 125, 128 

136, 143, 162, 178, 254, 311, 353 

Caverly, Philip 345 

Chadbourne, Humphrey 31 

Champernowne, Francis 8, 14, 15 

33, 34, 37, 38, 41, 52, 62, 67, 77, 78 

90, 108, HI, 121, 136, 207, 214, 215 

217, 244, 369, 381 

Champion, Robert 128 

Chandler, 137 

Chapman, Henry 11 

Chase, Abraham 425, 426 

James 377 

Thomas 18 



INDEX 



555 



Chatterton, 8, 20, 60, 75, 76 

Jane 9 

Michael 13 

William 23 

Chazy, Jeffrey 6, 9 

Checkley, Anthony 180, 505 

Cheney, Daniel 177 

Chesley, Joan 265, 266 

Joanna 532 

Joshua 488 

PhiUp 20,21,55-57 

83, 84, 107, 111, 115, 122, 126, 128 
131, 139, 145, 147, 161, 162, 166 
172, 189, 200-202, 212, 215, 235 
236, 238, 240, 246, 255, 265, 283 
295, 300, 304, 366, 373, 468, 474- 
477, 483-485, 487, 488, 490-497 
503, 532, 536 

Thomas 220, 339, 366, 531, 532 

Chester, Stephen 194 

Chevalier, Joseph 393 

Chinick, William 349 

Christophers, Christopher 463 

Church, John 220, 276, 345, 358 

Churchwood, Gregory 269, 274, 321 

Humphrey 321 

Circuit, Catherine 320 

Clapham, Arthur 312, 347 

Clark, Abraham 372 

Arthur 33 

Edward 158, 178, 179, 213, 214 

216, 293, 297, 311, 319, 329, 510 

Elizabeth 389 

Henry 6 

John 244,265 

303, 313, 319, 322, 329, 335, 377 

Josias 338 

Mary 319,329,334 

Richard 411 

Samuel 236, 253, 255 

260, 265, 278, 279, 298, 314, 323 
326, 335, 367, 390, 393, 394, 396 

Sarah 320,329,338 

Thomas 124, 163 

196, 217, 290, 303, 369, 381, 390 



Clark, continued. 

Thomas, Jr 456 

Clay, Jonas 43, 44, 46, 55, 56, 90 

Mary 90 

Clayton, Thomas 54 

Clements, 191 

Edward 257 

Job 89, 109, 110, 125, 136, 155 

158, 160, 168, 169, 213, 220, 228 
233, 235, 244, 248, 254, 276, 303 
312, 330, 333, 340, 341, 344, 345 
358, 361, 369, 374, 379, 385, 405 

Job, Jr 229,254,288 

312, 339, 374, 379 

Robert 293,297,300,311 

Clifford, Ann (Smith) 447 

Hannah (m. Maloon) 441 

Israel 447 

John 449 

Clifton, Boatswain 457 

William 153,154 

Clogston, Cotton 478 

Clough, Hannah (Gile) 447 

Thomas 447 

Cloyes, John 15 

Codner, Widow 404 

Coffin, 136 

Ezekiel 442 

James 244, 271, 277, 290, 298 

Peter 99,111,114,125 

144, 156, 188, 211, 212, 214, 217 
219, 221, 225, 233, 238, 243, 247 
248, 254, 259, 264, 269, 272, 283 
290, 297, 298, 303, 324, 326, 346 
353, 355, 359, 361, 364, 377, 398 
402, 405, 407, 479, 498, 502, 503 

Tristram 99 

Cogswell, John 179, 545 

Colby, John 443 

Colcord, Edward 3-11, 13, 14 

18, 19, 21, 28, 29, 31, 39, 53, 56, 59 
60, 62, 63, 68, 71, 72, 125, 127, 136 
162, 163, 173, 177, 215, 268, 277 
365, 366, 374, 432, 433, 449, 450 
483-485 



556 



INDEX 



Colcord, continued. 

Edward, Jr 374 

Mehitabel (m. Stevens) 442 

Samuel 374 

Cole, Abraham 380, 396 

Ann 401 

Christopher 191 

Eimice 368 

Isaac 542 

Collier, John 521 

CoUins, Abraham 531-533 

Conley, Abraham 134, 156, 486 

Connell, Sarah 113, 130 

Constable, Andrew 472, 481 

Coombs, Thomas 511, 512, 515 

Corbett, Abraham 178, 190 

201, 202, 229, 233, 257, 258, 277 
278, 525, 526 

Thomas 53, 54, 396, 407 

Cording, Richard 194, 256 

Corwin, Jonathan 353, 406 

Richard 145, 149, 152, 240 

Cotton, Benjamin 354 

EUzabeth 354, 420 

John 354, 372, 375, 386, 405, 420 

Joseph 354 

Sarah (m. Pierce) 447 

Seaborn 398 

Thomas 354 

William 4,56,80 

82, 97, 98, 109, 125, 127, 136, 142 
155, 178, 192, 214, 244, 265, 266 
274, 276, 283, 296, 298, 312, 322 
347, 354, 375, 395, 406, 420, 468 

Couch, Robert 258, 525 

Cousins, Isaac 167 

Susanna (m. Folsom) 444 

William 57,63,79 

Coventry, Jonathan 53 

Cowell, Agnes 336 

Amy (m. Ayers) 413 

Amey (m. Sherburne) 444 

Edward 336,413 

Cox, Edward 193 

John 323 



Cox, contiiiued. 

Moses 449 

Cram, Andrew 394 

Benjamin 396 

John 44 

Cranch, Andrew 306 

Cranfield, Edward 391, 397, 398 

Crawford, Margaret (m. Willey) 48 

50,58 

Sarah 48, 50, 58, 59, 81, 108 

Stephen 48,50,58,59,81 

Susan 48,50 

Crawley, Thomas 126, 130, 131, 147 

Creber, Thomas 524 

Crockett, Ehas 381 

Ephraim 300,319 

Cromwell, Philip 169, 192, 195 

196, 249, 255, 265, 276, 288, 314 
335, 339, 349, 358, 374, 492 

Croscum, William 173, 258, 289, 331 

Crowne, Henry 339, 361, 363 

367, 375, 380, 382, 389 
394, 395, 404, 406 

Crowther, Ann 40, 42, 43 

John .... 12, 30, 38-40, 42-44, 65, 93 

Cruse, Thomas 231, 232 

Cumby, Humphrey 132 

Cummings, Jane 114 

Richard 84,93, 109,118 

121, 123, 125, 127, 136, 146, 168 
172, 178, 189, 192, 244, 251, 276 
280, 304, 309, 310, 312, 315, 317 
322, 323, 328, 353, 458, 461, 468 

Currier, Jeffrey 203 

Curtis, WiUiam 108 

Cutt, Hannah 380 

John 47,51,67,125,129 

134, 143, 148, 152, 167, 176, 179 
188, 194, 196, 200, 205, 209, 212 
213, 216, 217, 219-222, 225, 233 
235, 243, 247, 252, 254, 264, 273 
275, 277, 280, 283, 287-289, 291 
292, 296, 298, 299, 307, 311, 313 
317, 334, 338, 351-353, 371, 380 
405, 471, 472, 483, 514, 518. 520 



INDEX 



557 



Cutt, contimied. 

Richard 27,29 

38, 46, 47, 51, 52, 66, 67, 73, 76 
86, 87, 129, 144, 145, 151, 152 
156, 169, 178, 184, 187, 188, 190- 
193, 200, 203, 205, 206, 209, 211- 
214, 216, 219-221, 223, 225, 233 
240, 242, 243, 247, 251, 252, 254 
256, 261-264, 267, 268, 273, 275 
279-281, 283-285, 287-289, 296 
299, 303, 306, 308, 313, 314, 320 
332, 347, 512-515, 517 

Dalby, Thomas 312 

Daley, Daniel 263 

Dalton, Edward 4 

Mehitabel 382 

Samuel 269,311,358 

361, 367-369, 382 

Dam, John 10,11,20 

54, 58, 65, 66, 80, 109, 125, 128 
155, 162, 253, 277, 340, 362, 516 

John, Jr 192,221,303 

333, 362, 405 

Dambale, John 5 

Damond, Abel 7 

Danforth, Thomas . . . 136, 141, 143, 168 
205, 254, 339, 406 

Daniel, 243 

David 196 

Teague 254,271 

Thomas 188, 251 

253, 255, 256, 264, 273, 275, 283 
285, 288, 299, 311, 323, 333, 338 
339, 344, 346, 348, 350, 358, 361 
363, 369, 370, 383-385, 389, 417 

Darker, Basil 68 

Davie, Humphrey 375 

Davis, David 403 

John 110,118,125,136 

150, 155, 173, 188, 189, 192, 211 
214, 217, 219, 220, 223, 228, 239 
244, 245, 248, 250, 276, 283, 308 
373, 390, 465, 469, 471, 472, 522 
John, Jr 254 



Davis, continued. 

Joseph 96, 373 

Robert 44,62,82,93 

97, 173, 520, 521 

Silvanus 350 

Timothy 395 

Day, Simeon 523 

Deamont, see also Dimond. 

Andrew 308, 312, 346, 356 

Joan 330 

Thomas 400,404 

William 417 

Dearborn, Godfrey 367, 430, 449 

Henry 369,383,396 

Thomas 397,399,447 

Deering, 231, 238, 239, 278 

Edward 278 

Henry 235, 251 

254, 261, 264, 266, 268, 273, 278 

279, 282, 283, 290, 291, 299, 303 

305, 317, 431-433, 540 

Roger 225,519 

Degrow, see Ugrove. 

Demashaw, Hector 418 

Denbow, Salathiel 350, 373 

Denmark, Ann 212 

Patrick 211,212 

Denmore, Patrick 187 

Dennett, John 277, 303 

333, 348, 394, 405 

Dennis, Thomas 220, 341, 342 

Dennison, Daniel 133, 534 

Dermer, Thomas 203, 455 

Deverson, Thomas 324, 325 

Dew, John 312 

Thomas 306, 334, 343 

Dill, George 132 

Dimond, see also Deamont. 

John 63,518 

John, Jr 518 

Dinall, John 134, 142 

Doak, John 456 

Doe, George 71, 72 

John 411 



558 



INDEX 



Doe, continued. 

Nicholas 224, 309, 348 

352,358,385,411 

Dole, Benjamin 420 

Elizabeth (Harvey) 420 

Dolley, Jeremiah 183, 526 

DoUoff, Christian 426 

Sarah (Scammon) 426 

Doncklin, John 6, 17 

Donovan, Croker 431 

Dore, Richard 274, 276, 289, 296 

Doty, Thomas 179, 200, 201, 496 

Douglas, Henry 77, 209 

Dow, Henry 366, 385 

393, 400, 401, 442 

Joseph 374,376 

390, 392, 446 

Mary 480 

Downing, Ann 119, 123 

Dennis 100, 119, 123, 179 

Joseph 270 

Downs, Thomas 131 

Drake, Abraham 217, 268, 280 

366, 386, 390, 393, 405, 429, 442, 
449, 493, 497, 503 

Ensign 303, 339 

Francis . . 155, 199, 215, 218, 219, 526 

Jane 131, 132, 153, 479 

Jane (m. Wallis) 425 

Nathaniel 118, 137, 144 

155, 192, 219, 233, 265 
358, 393, 405, 458, 479, 506 

Thomas 7 

Drayton, John 7, 8 

Drew, Bartholomew 170 

Elizabeth 248 

Francis 262, 289 

James . . . 188, 228, 298, 313, 321, 508 

John 360,377 

Lydia (Bickford) 289 

Mary 313,321 

Samuel 251,410 

Thomas 363,367 

380, 386, 392 



Drew, continued. 

William 103, 179, 208 

222, 248, 262, 505, 509 
WiUis 533 

Drowne, Leonard 253 

Nathaniel 444 

Druell, George 4 

Dudley, 540 

BUey 362, 405, 413, 445 

EUzabeth (m. Hall) 426 

Joseph 333, 348 

Samuel ..133,135 

Theophilus 394, 405 

Duncan, Peter 534 

Durgin, Catherine (Footman) 285 

WilHam 258, 284, 361, 376 

Dustin, 147, 170 

Thomas 8,9,11,16,460 

Dutch, Robert 279 

Earle, William 280, 292 

Eastman, Mary (Morse) 444 

Philip 444 

Sarah (m. French) 444 

Eastwick, Phesant 188, 371 

Eaton, Hannah (Hubbard) 447 

Thomas 447 

Edge, Florence 535 

Edgerly, PhUip 88 

Thomas 220, 247, 276, 277 

314, 333, 341, 348, 349, 358 
Edwards, John 519 

Stephen 170, 178 

Ela, Daniel 291,405 

Eldredge, Thomas 222 

Elkins, Anthony 311 

Gershom 394 

Ellingham, William 55, 242 

Ellins, Anthony 57, 108, 109 

112,118,149,156 
175, 189, 216, 251, 255 

Judith 39,42 

Elliott, Ann 484 

George 109, 120 



INDEX 



559 



Elliott, continued. 

Robert 179, 189 

208, 338, 347-349, 354, 376, 380 

391, 392, 396, 398, 399, 402, 404 

405, 419, 513, 515-517 

Emery, Anthony 5, 8, 12, 13, 15 

20, 21,26,27,30,46,51,72,73 

Frances 46 

Endicott, John 543 

Endle, Agnes 309 

Agnes (Turpin) 280 

Michael 312,314,323 

Richard 147, 280, 309, 310 

322, 462-464, 466 

Epps, Daniel, Jr 534 

Erring, Edward 208, 290 

Erwin, Edward 189 

Estes, Matthew 404 

Evans, Ebenezer 240 

John 303,323,332,400 

Robert 217, 254, 265, 369 

William 79, 240 

Everard, Margery 55 

Everett, Thomas 169, 184 

William 3,21 

Fabes, John 189, 286 

292, 315, 317, 321, 322, 335, 336 
338, 346, 351, 356, 380, 404, 458 

Fabyan, John 142, 149 

192, 198, 231, 258, 259, 264, 269 
270, 274, 349, 374, 379, 396, 399 

Fall, Philip 335 

Ferguson, Gilbert 521, 522 

Fernald, EHzabeth 149 

Joanna 149 

Renald 11,20,21,51,58,76 

93,97,110,457,458 

Ferris, Aaron 255, 258 

Field, Darby 8, 11, 16, 18 

29, 47, 52, 80, 82, 85 

Joseph 134, 198, 236 

242,290,391,410,469 

Sarah 489, 490 

Zachariah 374, 410 



Fifield, Benjamin 362, 380, 390 

Elizabeth (m. Tidd) 444 

William 358, 361, 368, 449 

Fish, Hendrick C 325, 326 

Flanders, John 445 

Philip 445 

Stephen 388 

Stephen, Jj 445, 450 

Flansell, Rowland 542 

Fletcher, John 243,245 

250, 251, 303, 304, 332, 337 
347, 373, 379, 393 

Flowers, Jeffrey 521 

Fogg, John 313 

Samuel 435 

Fogget, Philip 198 

Follansbee, Thomas 243 

Follett, Elizabeth 410 

John 532 

Nicholas 74, 396 

Philip 291,308 

WiUiam 67,74-77,80 

84, 90, 107, 134, 149, 158, 161, 164 

167, 172, 183, 185, 198, 205, 223 

285, 304, 332, 350, 362, 372, 410 

417, 465, 490 

Folsom, Abigail 448 

Abigail (Perkins) 429 

Ephraim 366 

Hannah 448 

John 292,362,365,386 

390, 396, 413, 435 

John, Jr 362, 429, 434, 448 

Mary 428 

Nathaniel 367, 383, 405, 448 

Peter 393,444,448 

Susanna (Cousins) 444 

Footman, Catherine 239 

Catherine (m. Durgin) 285 

Thomas 80, 84, 88, 118 

139, 157, 162, 169, 205, 214 
239, 284, 285 

Forbush, William 322 

Frod, John 489 

Robert 545 



560 



INDEX 



Ford, continued. 

Stephen 147, 148 

462-464, 466 

William 245, 255, 266 

Foss, John 3, 4, 170 

180, 220, 244, 265, 303, 314, 316 
318, 339, 349, 379, 380, 467, 505 

Fountaine, Captain 256, 262 

Fowler, Ludwig 348 

Mary (m. Goodwin) 441 

Fox, Edward 380 

Jabez 336 

Oliver 193 

FoxweU, Richard 222 

Foye, Gregory 487 

Fraisey, Ambrose 21 

George 88 

WiUiam 5,11,12,17 

Frame, Thomas 443 

French, Anna (m. Long) 447 

Joseph, Jr 444 

Michael 350,352,370 

Sarah (Eastman) 444 

Frost, Charles . . . .290, 305, 316, 324, 489 

John 304 

Nicholas 102, 206, 305, 306, 324 

Frye, John 209 

Fryer, Nathaniel 172, 178, 189 

191, 193, 200, 203, 206-208, 212 
219, 223, 225, 228, 233, 235, 239 
242-244, 246, 248, 253, 255, 261 
264, 266, 273, 283, 291-293, 299 
300, 307, 315, 331, 334, 338-340 
342, 346, 355, 361, 369, 381, 384 
407, 408, 411, 418, 489, 506, 508 
514, 528-530 

Nathaniel, Jr 349 

Fuller, John 368 

Rachel 368 

Susanna (Buswell) 448 

William 426,449 

William, Jr 448 

Furber, Widow 404 

WUliam 17, 20, 27, 28, 41, 42 

52, 54, 58, 80, 83, 110, 117, 125 



Furber, WiUiam, continued. 

128, 130, 134, 136, 144, 155-157 
161, 167, 172, 183, 192, 214, 215 
220, 244, 252, 261, 285, 288, 327 
339-341, 349, 350, 362, 374, 379 
453, 454, 460, 477, 479, 482, 485 

WiUiam, Jr 386 

Furson, Jane (Turpin) 118, 121 

Thomas 6,11,12,18 

36, 71, 92, 98, 103, 111, 121, 127 

Widow 309 

Garde, Roger