[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 85

Gardner, 256, 262

Isaac 525

Robert 519,535,542

Garland, EUzabeth 426, 427

Jacob 368,427,440

John 368,394,426,427

Peter 17

Garmon, Thomas 193

Garrett, James 135

Gerrish, John 277, 290, 311

314, 358, 402, 404, 405, 408

Lieutenant 333

Wmiam 204,205,385

GetcheU, Ehzabeth (Jones) 447

Samuel, Jr 447

Gibbons, Ambrose . . 5, 8, 17, 29, 41, 80, 85

Gile, Hannah (m. Clough) 447

Giles, Elizabeth 16, 17, 131, 183

Mark 235

Matthew 8,16,17,31,58

80, 83, 103, 111, 125, 126, 130, 150
174, 182, 183, 223, 229, 239, 469

GiU, Thomas 371

Gilman, Abigail (Maverick) 430

Captain 370, 372

Edward 32,44,366

384, 393, 396, 404, 413, 430

Grace (York) 429

John 117,158,164,269

358, 361, 369, 379, 385, 389, 393

John, Jr 429

Mary (m. Thing) 441

INDEX

561

Gilman, continued.

Moses 148,351,358

363, 366, 370, 375, 384, 386, 394
428-431,433,435

Glanfield, Peter 194, 207, 217, 222

246, 254, 258, 276, 279, 319, 343
Glidden, Charles. .218, 309, 317, 376, 404

Goddard, John 7, 11, 12,21

22, 24, 25, 27, 63, 78, 107, 109, 115

117, 120, 123-125, 134, 136, 158

164, 185, 205, 222, 223, 228, 238

262, 347, 495, 496

Welthen 223,228

Godfrey, 30

Ann 24,26,34

Edward 24,26,34,86

James 480,533,543

Godin, Wilham 157

Goffe, Anthony 443

Goodwin, Alexander 439

Daniel 214

David 263

Mary (Fowler) 441

Richard 441

Robert 343

Gookin, Daniel 191, 192, 205

264, 274, 318

Gordon, Alexander 196

Goring, Peter 406

Goshn, Edward 324-326

Goss, Thomas 403

Gould, Christopher 176, 253

Edward 228, 229, 259

Goulding, P 539

Gove, Edward 374, 376, 398, 446

George 341

Gowen, William 242

Graffort, Thomas 402, 404, 405

Grands, William 542

Grant, Joan 330

Thomas 161,166

Graves, William 364, 375, 380

382,383,531,533

Gray, Francis 170, 184, 242, 524

WiUiam 386

Greeley, Andrew, Jr 425

Sarah (Brown) 425

Green, 398, 402

Edmund 179, 238-240

246, 252, 255, 266, 526-530

Hannah (m. Acey) 433

Henry 18, 44, 268, 405, 449

Isaac 382, 425, 445, 446, 449

Lydia . . .239, 246, 248, 252, 255, 266

Mary (Ca^s) 425

Greenfield, Samuel 461

Greenland, Henry 225, 233

234, 247, 256, 257, 262, 267, 268
274, 537, 541

Greenleaf, Edmund 13

Esther (Swett) 444

Stephen 444

Gresham, Noah 347, 419

Griffin, John 262

Philip 223

Groth, John 370, 373, 376, 384

Grubb, Gabriel 338, 343

Gullison, Philip 542

Gunnison, Eh 371

GuptiU, Thomas 397

Gwinn, Thomas 88

Haines, Jonathan 430

Matthias 348, 374, 377

379, 390, 405

Samuel 20, 23, 67, 68, 80, 90

143, 146, 156, 168, 169, 175, 178
192, 206, 215, 220, 254, 276, 303
323, 386, 390, 396, 469, 490, 506

Samuel, Jr 220, 339, 358

Sarah (Moulton) 430

Wilham 108

Hall, Elizabeth (Dudley) 426

John 11,20,58,80

82,94,97, 100, 108, 110, 118, 121
137, 143, 144, 146, 155, 156, 159
160, 163, 168, 178, 181, 192, 206
211, 213, 218, 220, 221, 244, 250
265, 266, 280, 288, 314, 337, 348
353, 390, 477, 515, 531

562

INDEX

Hall, continued.

John, Jr 326, 358, 374, 396

Joseph . .276, 290, 323, 328, 329, 333
348, 360, 362, 377, 386, 392

Kinsley 358, 390, 409, 426

Martin 242,246,250

284, 289, 295, 296

Ralph 63,74,75,82,88

89, 94, 114, 118, 129, 134, 140, 148

160, 161, 164-166, 169, 172-174

176, 177, 184, 192, 196, 198, 199

219, 306, 362, 501-503, 537

Samuel 171, 172, 375, 376

383,387,409,461,474
487, 488, 490-497, 503

William 87

Hallwell, Henry 160, 165, 180

Rebecca 180

Halsall, George 77, 80

Ham, John 265

Matthew 130, 148, 156

472, 478, 480, 481

WiUiam 19, 57, 297

Hands, Mark 98, 132

Hanscom, Mary 186

Thomas 155, 168, 178

Hanson, Thomas 160, 218

Harford, WiUiam 340, 371

Harker, John 260, 262

Harris, Henry 371

Nicholas 317, 327, 331, 380

Thomas 236

Harrison, Nicholas 293

Hart, Ann 157

John 63, 88, 126, 137, 229, 500

Harvey, 529

Clare 420

Elizabeth 190

EUzabeth (m. Dole) 420

Joakim 251, 281, 283

338, 342, 347, 353, 420

Mirth 291

Onesiphorous 210, 222

229, 230, 275
Richard 347,419

Harvey, continued.

Thomas 190, 380, 404, 443

Harwood, Andrew 11, 12, 15

Haskell, John 526

Haskins, William 286, 341, 355

Hathorne, William 178, 220, 539

Hawkins, Job 75

Haydon, John 255

Thomas 255

Hayes, Edward 87, 280, 316

Hay ward, John 79

Head, Arthur 370, 395

Heard, Benjamin 314

James 455

John 9,13,15,31,98

109, 111, 113, 118, 119, 123, 125
127, 136, 158, 213, 244, 457, 477

Hearle, William 352

Heffer, Andrew 24, 30

Henderson, William 330, 348, 362

Herbert, Sylvester 233, 234, 349, 380

Hethersay, Robert 36, 37, 50, 57

Hickman, Nicholas 21

Hill, 88, 131, 138, 218, 327

John 155, 160, 162, 168, 213

265, 303, 333, 465, 484

Mary 173

Nathaniel 400,401

Richard 206,347,418

Thomas 342

Valentine 8, 12, 19, 53, 54

89, 117, 136, 139, 143, 149, 163
172, 173, 245, 381, 469, 498, 499

William 377

Hilliard, Emanuel 118

Timothy 435, 437, 438

Hilton, Catherine 269, 320

Charles 264,268,291

293, 300, 306-308
316, 317, 334, 364, 371

Edward 6,117,155,164

178, 187, 192, 256, 264, 269, 274

284, 292, 294, 306-308, 311, 316

342, 350, 365, 404, 461, 490, 496

Edward, Jr 234

INDEX

563

Hilton, continued.

Samuel 264,306,358

365,366,381,394,395

WiUiam 3,5,8, 11, 12, 15

31, 49, 85, 86, 117, 264, 265, 288

315, 349, 353, 355, 365, 374, 379

394-396, 399

Hinckes, John 358, 369, 396, 399

402, 404

Hinckson, Martha 197

Mary 226,227,347,359

Robert 447

Sarah (Brewster) 447

Thomas 197,217,218

Hinger, Marker 149

Hobart, John 341

Hobbs, Henry 192, 221, 294, 314

James 368,432

Morris . . 361, 392, 426, 432, 448, 466

Sarah 368

Hockaday, Nathaniel 198

Hoddy, Arthur 396

Widow 404

Hodgdon, Jeremy 392

Hodge, Nicholas 397

Hodsdon, Jeremiah 359

Holdredge, 441

Lydia (Quimby) 425

William, Jr 425

Hole, John 236

Holland, Edward 191, 199, 289

293, 294, 346, 419

Roger 346,419

Stephen 310,311

Holmes, Christopher 17

John 226,312

Thomas 376,380

Holyoke, 4

Edward 6

Homsly, Thomas 269

Hook, 16

Home, William 348

Horton, Thomas 521, 522

Hoskins, John 193

Howard, Lieutenant 21, 187

WiUiam 171, 193, 194, 489, 504

Howell, John 172

Rice 112, 128, 160, 166, 481, 483

Hubbard, Hannah (m. Eaton) 447

Huckins, Francis 370, 384

James 396

Robert 11

Huff, Ferdinando 343

Huggins, Francis 375

James 303,326,375

John 367,376

Hughes, Arthur 170

Walter 93

Hull, Amy 229

Benjamin 128, 180, 214, 523

Dodavah 387

Edward 77

John 193, 194

Mary 387

Reuben 298, 342, 348, 358, 369

380, 386, 388, 393, 399
402, 404

Humphrey, Thomas 155, 178, 468

Hunking, Ann 194

George 326

Hercules 61, 116, 147, 194, 195

John 94,146,147,170

184, 194, 197, 204, 230, 231, 244
253, 256, 268, 288, 306, 313, 314
317, 319, 329, 333, 335, 340, 347
354, 358, 362, 368, 369, 374, 378
379, 461, 462, 467, 468, 506, 507

Mark 178,206,412,467

Matthew 502

Hunt, Thomas 253, 267

Huntress, George 323, 369

Hurd, see Heard.

Hussey, Christopher. .361, 374, 379, 389

Mary (m. Towsley) 444

Robert 160, 161, 166

Hutchins, Enoch 514

William.. 386

Hutchinson, Elisha 406

564

INDEX

Irish, William 223

Isles, Timothy 392

Jackson, Hamiah 337

James 162

Jane 224

Joan 223

John 77,97,114,118

129, 143, 152, 178, 213, 223, 224
395, 458, 501, 514, 519

Richard 137,142,155

168, 170, 178, 192, 223, 224, 254
288,393,394,411,462,471

Thomas 146, 169, 213, 217

223, 224, 255, 275, 281, 288, 306
314, 337, 386, 390, 405, 411, 519

Walter 224,225,227

William 275,299

Jacobs, John 342

Jaffrey, 338

George 348, 350, 358, 375, 380

Gregory 148

James, Thomas 270

William 55

Jameson, Patrick 187, 247

Jarman, Dorothy 347

Jefford, John 257

Jeffrey, Digory 542

Jenkins, Ann 144, 163

Henry 261

Renald 144, 163

Jenks, Joseph 7, 8

Jennings, Francis 220, 279

Jennison, Patrick 469

Jocelyn, George 56

Henry 62, 63

Matthew 49

Johns, Catherine 149

Johnson, Alexander 325

James 7,8,15,33

39, 45, 49, 51, 55, 58, 60, 78, 83
118, 125, 129, 136, 143, 155, 156
159, 168, 178, 192, 195, 202, 204
209, 307, 346, 458, 478-481, 526

Johnson, continued.

John 198, 220, 318, 338, 347

377, 404

Mary 346

Rebecca 209

Return 432,441

Thomas 4,7,10-12,14,15

18, 19, 26, 36, 45, 55, 74, 75, 77, 78

81, 84, 91, 137, 138, 146, 147, 161

167,172,183,211,215,481

William 406

Jones, Alexander 77, 79, 91

92, 103, 127, 137, 148, 149, 413
414, 455-457, 459, 460, 464

Ann 154, 485

Davis 253

Elizabeth (m. Getchell) 447

Francis 56

George 150, 174, 175, 184, 253

267, 271, 273, 385, 443, 500-502

George, Jr 253, 267, 271, 273

Griffin 385

Hannah 397,400

Henry 238

James 395

Jenkin 270

Jeremiah 400

John 56, 109, 112, 142, 154, 170

184, 205, 224, 228, 466, 514, 517

Mary 273,500,502

Rice 69

Stephen 206,213,218

229, 238, 240, 255, 265, 277, 283
290, 314, 326, 327, 333, 348, 352
355, 366, 372, 373, 404, 418, 469

Thomas 460

William 4,5,7,12,15,16

242, 243, 249, 523

Jose, Christopher 94, 144

172, 220, 231, 256, 268, 275, 292
303, 309, 315, 320, 323, 347, 371

Jane 380

Richard 354

Widow 404

Joy, Thomas 60

INDEX

565

Judkins, Joel 425

Mary (Bean) 425

Keat, see Gate.

Keene, Nathaniel 387

Kelland, Thomas 214

Kelly, George 193

Roger 209, 210, 278, 306

307.312,324,338,343
347, 351, 3r)(;, 357,417

Kendrick, Joshua 172, 173, 488, 489

Kennedy, Thomas 468

Kenney, Joseph 304

Thomas 144, 145, 163, 304

Kenniston, Agnes 418

Alexander 275

Ghristopher 340, 442

John 215, 220, 221, 244, 253

265, 271, 290, 329, 337, 377, 418

Mary (Muchmore) 442

Kent, Dorothy 261

Joseph 403

Oliver 102,110, 111,261

Kerton, Captain 249

Kettle, John . . 213, 250, 288, 303, 527, 531
Keyes, Samuel. . . .305, 317, 323, 339, 358

Kibby, William 145

Kidd, James 130, 278, 290, 438

Kilcup, William. . .475, 487, 488, 491, 497

Kimball, Henry 158

Thomas 117,157

Kimming, John 428, 439

King, Thomas 32, 35, 158, 164

William 197

Kingsley, Walter 93

Kirk, 225

David 49

Henry 344,523,531

Knight, 250

Ann 86, 87

Ezekiel 251,320,321

Hester (Lovering) 320

Joan 354

John 354,373

Richard 9,15,239

Knight, continued.

Roger 13,14,18,23

24, 30, 38, 39, 51, 79, 86, 87, 89
127, 134, 141, 228

Samuel 377

Walter 81,102

KnoUys, see Knowles.

Knowles, Hanserd 3

John 374,379

Kock, see Gox.

Ladbrook, Thomas 331, 341, 359, 361

Ladd, Philip 349

Lake, Thomas 217

Lammos, Nathaniel 265, 289

Lamprey, Daniel 449

Henry 393,449

Lamson, Barnaby 97

Lander, Gharles 349

John 3

Lane, Ambrose 64, 65, 79, 89, 101

Richard 65

Sampson 39, 40, 47

49, 51, 64, 65, 89

Sarah (Webster) 447

Thomas 324,325

William 447

Lang, Wilhara 351

Langdon, Elizabeth 208

Margaret (m. Morrill) 446

Tobias 148, 169, 195, 208, 407

Langley, Elizabeth 505

Langstaff, Henry 11, 20, 37, 57, 78

79, 90, 97, 107-109, 155, 158, 160

168, 169, 244, 265, 288, 292, 369

381, 453

Larkham, Thomas 3, 6, 7, 25

Larriford, John 275, 281

Lashley, Frances 208

Latimer, Hugh 320

Lavers, George 333, 374, 386

Jacob 400

John 70

Lawson, Christopher 13, 14, 16, 29

33-36,41,42,77

566

INDEX

Leach, Elizabeth (Turpin) 280

James 108,111

121, 146, 157, 158, 220, 280, 309

310, 315, 317, 322, 323, 339, 371

392, 394, 395, 420, 459

James, Jr 309,394

Jane 309

Jane (Muchmore) 146

Leader, Richard 73, 77, 80, 236

Lear, Hugh 383

Tobias 206,253,383

Leathers, Edward 295, 348, 373, 395

Leavitt, Hezron 393, 449

James 239,240

Moses 369,413

Samuel 363, 365, 370, 374-

376, 381, 393, 396, 405, 427, 438

Thomas 449

Legate, Ann 22

John 22,35,461

Leighton, Elizabeth 335, 346

Thomas 6, 10, ll,|l3, 16

20, 22, 29, 52, 66, 80, 83, 97, 109
110, 141, 142, 145, 157, 163, 178
183, 192, 217, 237, 244, 277, 281
290, 323, 335, 338, 346, 516, 525
Lemon, William . . 151, 167, 455, 460, 496

Leverett, Hudson 206

John 213,233,243

Lewis, 289, 296

Abraham 406

George 317

John 189,192,210

233, 265, 288, 292, 295, 307, 350
386, 390, 392, 395, 396, 511, 517

Morgan 4, 5

Peter 229,288,294

Philip 28,37,41

55, 56, 74, 77-79, 90, 91, 120, 137
138, 144, 155, 175, 178, 179, 190
206, 208, 214, 216, 221, 233, 243
244, 255, 267, 274, 276, 278, 282
289, 296, 323, 339, 349, 369, 381
385, 390, 414, 420, 490, 508, 510

Libby, Anthony 420

James 420

Light, Henry 330, 347, 419

John 334,399

Lindsey, Robert 160

Lippincott, Bartholomew 13, 16

Lissen, Nicholas 352, 383

427, 431, 534, 593

Weymouth 253

Littlefield, Francis 156, 157, 482, 485

Locke, Elizabeth 484

John . . 88, 177, 220, 364, 384, 392-396

Lockwood, Richard 206, 292

Londeare, Charles 254

Long, Anna (French) 447

Richard 376,447

Lord, Robert 33

Love, William 348, 357

Lovering, Hester 251

Hester (m. Knight) 320

John 192, 210, 251. 320, 321

Lucas, WiUiam 221

Lucomb, William 263

Ludecas, Mrs 199

Lusher, Major 168, 178

Lux, Christopher 367

John 324

Nicholas 460

William 125,128

129, 237, 254, 277, 313, 319, 322
333,341,489

Lyall, John 487

Lyde, Allen 281

Edward 152, 153

179, 180, 211, 234, 489, 510, 511

Sarah 260,281

Lyford, Francis 394, 396

Lynde, John 255, 317

Simon 305

Lyon, Martha (Cass) 438

William 438

McCormick, Dennis 129, 143

Macy, Thomas 123

Magoon, Henry 431, 543

INDEX

567

Main, Henry 347, 356, 405, 419

Maloon, Hannah (Clifford) 441

Luke 441

Mann, Lawrence 306

Mannering, Pliilip 9

Mansfield, Henry 420

Manson, Robert 337, 417

March, Hugh 358,540

Marion, John 449

Marshall, Matthew 497

Robert 183, 184, 277, 526

Marston, 159, 170

Ephraim 394

Isaac 368,396

James 394

John 394

Thomas 380, 392-394, 396, 448

WilUam 22, 210, 358, 394, 440

Martin, 161,273

295, 299, 304, 319

Hester 34

John 34, 57, 108, 136, 155,

168, 178, 202, 206, 214, 220, 264

Matthew 306,417

Richard 213,221,233

255, 276, 289, 291, 311, 317, 323
333, 338, 339, 342, 344, 348, 355
356, 358, 361, 368, 369, 374, 379
384, 385, 389, 390, 397, 407-413

Sergeant 219

Mason, 165, 170

Ann 120,123,127

Captain 18

John 120,127,393,427

Joseph 120,123,124

Robert . . 391, 392, 397, 399, 405, 406

Matthews, 77

Benjamin 128, 254

288, 314, 341, 349, 350, 353, 356
358, 386, 394-396

Daniel 395

Francis 8, 17, 20, 29

37, 85, 86, 98, 101

John 63,64

Thomasine 98,147

Matthews, continued.

Walter 147, 150, 307, 346

Mattoon, 171, 244, 281

Huybrecht. . . 168, 178, 498, 501, 502

Robert 125, 127, 129, 146

Maude, 83

Maverick, 455

Abigail (m. Oilman) 430

Antipas 151, 167, 245

352, 496, 525, 532

Moses 245

Samuel 136, 180

Maylem, John 77

Meader, John 155, 162, 168

178, 183, 189, 213, 254, 315, 339
342, 465, 469

John, Jr 374

Measant, Widow 11

Meckel, John 381

Melcher, Edward 236, 335, 348, 472

Mendum, Jonathan 269

Mary 63

Robert 55,83

Mercer, Francis 404

Meriday, John 37

Middlecott, Richard 307

Middleton, James. .88, 139, 147, 199, 469

Mighill, John 276, 305

Miles, John 78

Joseph 48,59

Miller, 238

Jasper 467

Joseph 8,22-25

Millett, Matthew 221

Mills, John 62, 108, 111, 121, 136

Mitchell, ohn 311,341,342

Mitchelson, Edward 10, 141, 299

Money, Robert 31

Monk, George 50, 60

Moody, 282, 283, 348

Caleb 434

Joseph 379

Joshua 161, 166, 170, 188, 189

202, 216, 248, 336, 483. 506 514

568

INDEX

Moody, continued.

Josiah 229

Moore, Agnes 337, 417

Daniel 246, 255, 526-530

John 207, 208, 210, 221

230, 244, 255, 259, 284, 300, 417

Mary (Veasey) 425

WiUiam 405,425

Morgan, Francis 268, 292, 299, 517

Richard 316, 318, 326, 368

Morrill, John 320, 331, 361

Margaret (Langdon) 446

Nicholas 446

Morris, Nicholas 480

William 129,480

Morse, John 200

Joseph 188, 190, 220, 221, 225

236, 255, 314, 317, 342, 526, 527

Mary (m. Eastman) 444

Obadiah 220, 276, 277, 289

290, 304, 311, 314, 323, 331, 339
348, 349, 371, 373, 374, 393, 405

Moses, Alice 37

John 37,38,42,43

49, 80, 88, 108, 118, 125, 136, 169

189, 192, 208, 214, 220, 244, 288

303, 313, 374, 379

Moulton, Benjamin 394

Daniel 233,274

Hannah 274

Henry 284,392,396

John 367,369,405

Muchmore, James 116

Jane (m. Leach) 146

Mary (m. Kenniston) 442

Walter 146

Mudge, Gilbert 290

Mummer, John 500

Munday, Captain 250

Munjoy, George 205

Murphy, Dennis 342, 344

Murray, James 465

Mussell, John 261

Robert 21,55,95,118,127

129, 131, 132, 237, 312, 458, 489

Nash, Isaac 107, 127, 130

Robert 89,90

Nason, Richard 17, 109, HI

123,291,308,345

Neale, Walter 127, 137

155, 159, 168-170, 178, 189, 192
214, 219, 221, 244, 265, 298, 303
333, 354, 362, 393, 396, 407, 420

Needham, Nicholas 5

Nelson, Matthew 394, 395

Nathan 345

Newcomb, Andrew 292

Anthony 213

Simon 193

Newman, William 180, 504, 505

Nichols, James 80, 81

Nick, PhiUp 218

Nock, Henry 360

Sylvanus 326, 332

Thomas 120, 128, 144

145, 158, 159, 163, 165, 169, 174

178, 179, 206, 214, 215, 221, 337

487, 499, 504, 505

Widow 221

Norman, Margery 84

William 84

Norris, Nicholas 444

Norton, Francis 14

George 256,268

290, 314, 316, 350

Nott, Mary 263

Nowell, William 304, 333

Nudd, Thomas 434

Nute, 98

Elias 349

James 11,20,27,58

80, 82, 83, 93-95, 97, 98, 110, 112
185, 186, 259, 303, 317, 327, 405

James, Jr 339

Nuttall, Mary 303

Nutter, Anthony 110, 118, 128

136, 144, 178, 206, 217, 220, 248

265, 285, 288, 292, 298, 314, 333

338, 354, 477

INDEX

569

Nutter, continued.

Hatevil 3,5,7,11,21

22, 29, 31, 48, 59, 62, 65, 66, 83, 91
98, 121, 124, 125, 133, 145, 162
163, 172, 237, 250, 322, 477, 512

O'Brien, Dennis 403

Odiorne, Isaiah 385

John 137,148

206, 216, 235, 317, 334, 351, 381
386, 393, 526

Peter 288

Philip 333

Oliver, Benedict 464

Elizabeth 293

William 293,294

Oney, Edward 203

Ormsby, Richard 11

O'Shaw, Dermond 263, 307

459, 464, 523

Otis, Henry 395

Richard 75,136,155

186, 332, 333, 360, 402, 417, 460

Padisel, — 109

Page, Francis 361, 386, 390, 393

Nicholas 528

Thomas 386

Paine, 193

Edward 5,9,13

James 193

John 171, 193

194, 216, 469, 504

Joseph 397

Nicholas 292,307

Richard 358

Robert 194

William 9,10,13,19

33, 61, 62, 84, 108, 135

Palmer, Christopher 217, 274, 284

290, 294, 316, 361, 364-366, 371
381, 389, 392, 394-396, 449, 525

John 543

Joseph 386, 387, 390, 396

William . ... 7, II, 49, 57, 75. 76. 234

Parker, James 17

Mary 289

Richard 385,488

Samuel 118

Thomas 188, 190, 279, 286

331, 379, 392, 394, 396, .■)06, 514

Parkinson, William 339

Parks, Theophilus 169, 178

Parnell, John 233

William 55

Parr, Giles 83, 93, 98

James 191

Parrott, John 364, 365

Richard 324,325

Partridge, John 168, 220, 233, 237

253, 255, 265, 278, 280, 292, 319
334, 335, 338, 347, 357, 362, 364
365, 381, 389, 404, 406, 506, 524

Mary 506

Nehemiah . . . 244, 246, 253, 265, 278
297, 315, 324, 335, 342, 344, 369
375, 380, 386, 390, 395, 397, 400

Passmore, William 526

Patterson, Edward 143

Patteshall, Robert 458

Paul, Stephen 523

Peake, Simon 517

Pearce, Stephen 49

Pearson, Ann (Taylor) 440, 441

George 440

Peaslee, Mary 96

Peirce, John 231, 232

Pendleton, Bryan 81 , 84, 91-94

96, 103, 121, 124, 129, 136, 143
147, 151, 152, 164, 168, 171, 176
178, 180, 183, 184, 187, 191-193
197, 199, 200, 203, 205, 207-209
214, 216, 225, 243, 264, 283, 413
465, 504, 514, 515, 524

James 171, 212

216, 219, 223, 235, 242, 244, 246
279, 342, 343, 504, 506, 507, 524

Mrs 187

Penhallow, Samuel 408

PenneU, John 172, 225, 235

570

INDEX

Penney, William 183, 321

Perkins, Abigail (m. Folsom) 429

Abraham 361, 440, 449, 478

Ebenezer 382, 397, 446, 449

Isaac 445,446,449

Jacob 382,446

James 363

Joseph 446

Sarah 449

William 220,350

Ferryman, Edward 347, 419

Pester, William 15

Pettit, Thomas 50

Peverly, Jane 502

John 393

Thomas 125,127,129

144, 155, 163, 263, 502

Philbrick, Thomas 429, 434, 446

Philbrook, Thomas 366, 390

Phillips, EHzabeth 218, 380, 420

Israel 337,352,420

John 7,10,11,406

Pickard, Edmund 147, 462-464, 466

Pickering, Abigail 248

John 9,12,29,33,51

55, 56, 127, 129, 131, 132, 142, 143
156, 171, 188, 189, 195, 202, 204
206, 221, 230, 233, 236, 242, 244
245, 248, 249, 253, 254, 257, 265
267, 276, 277, 279-282, 285, 286
290-292, 295, 296, 298, 300, 303
306, 312, 315-317, 322-324, 326
332-334, 342, 343, 345, 348, 351-
353, 363, 369, 371, 378, 401, 402
406-408, 411, 412, 414, 458, 461
468, 471-473, 497-499, 501, 515

John, Jr 235, 461

Mary 289

Rebecca 248

Thomas 248

WiUiam 9

Pierce, John 327

Joshua 399

Richard 447

Sarah 390,399

Pierce, continued.

Sarah (Cotton) 447

Pike, John 402

Robert 163,171,178

187, 204, 205, 213, 216, 220, 233

243, 254, 275, 277, 279, 288, 303

348, 355, 372, 494, 537

Piles, Miles 207, 231, 232

Pinkham, Jellian 186

John 304

Martha 304

Richard 46,97,141

144, 160, 163, 166, 187

Pinner, John 349

Pitman, Ann 159, 174, 211, 238

Ezekiel 349,390,395

Mary 266

Thomas 103

William 134, 159, 174, 211

212, 238, 239, 300, 345, 370, 489

Pitt, William 194, 222

Plaisted, Roger 223, 541

Plimpton, Henry 92

Pomeroy, Abigail 330

Elizabeth 312,313

John 329

Joseph . . 312, 313, 317, 329, 330, 332

Richard 255,303,307

Pomfrett, WilUam 15, 20, 27, 46, 52

65, 66, 72-74, 83, 91, 93, 108, 118
121, 130, 134, 150, 161, 162, 176
197, 213, 214, 254, 271, 283, 299
311, 320, 336, 347, 357, 367, 477

Poole, Mary 149

Poor, Edward 272

Porter, Abel 290, 299, 308

310, 319, 350, 351

Pottle, John 176, 229, 524

Powell, Robert 384

Pratley, Eleanor (m. Smart) 426

Price, John 309

Pritchard, Thomas 205

Puddington, Robert 5, 50, 55

80, 220, 273
Purington, Robert 273, 277, 520

INDEX

571

Purmort, Joseph 317, 392

394-396, 404

Lazanis 210

Putt, Elizabeth 337

Henry 294,299,417

Quick, Nathan 343

Quimby, Lydia (m. Holdredge) 425

Radford, John 306

Ralph, Clement 202, 229

Lieutenant 385

Rand, Christian 110, 514

Francis 4,44,50,83

112, 118, 129, 220, 237, 239, 312
334, 348, 514

Francis, Jr 237

John 275,277,289

300, 314, 358, 394, 395

Mary (Walton) 447

Samuel 447

Randall, James 276, 334, 394

Richard 130

Walter 323,338

WilUam, Jr 247

Randolph, Edward 371-373

Rawlins, see Rollins.

Ray, James 470

Raynes, Francis 52, 87, 518

Joseph 400, 402, 406, 470

William 135

See also Reyner.

Read, Robert 12

Stephen 352

Thomas 505

Redman, John 6, 10, 13

15, 16, 20, 22, 27, 30, 88, 124, 315

359, 365, 368, 371, 373, 380, 393

394, 449, 483

John, Jr 386, 387, 390, 393, 405

Reikes, John 250

Reyner, Frances 250, 336

John 141,187,216

250, 281, 309, 322, 336

Reyner, continued.

Judith 332

See also Raynes.

Reynolds, John 7, 12

20, 42, 48, 55, 59, 79, 91, 92, 103
113,457

Richards, James 84, 152. 153

John 406

Mary (Batchelder) 287

WiUiam 268,280

287, 363, 382, 395

Richardson, John 7

Richbell, John 89

Riddan, Thaddeus 74-76

Rider, 377

Phineas 348,358

Ring, Robert 442

Risby, Sarah 242, 243, 249

Rishworth, Edward 180, 516

Roberts, George 383

Grace 247,390

Henry 145

John 46,110

125, 128, 144, 145, 152, 156, 169
178, 206, 208, 211, 217, 221, 238-
240, 322, 332, 350, 361, 372, 386
390, 396, 483, 486, 487, 523, 525

Joseph 209

Thomas 4,11,16,20,34

73, 80, 110, 118, 144, 172, 185-192

214, 217, 265, 276, 281, 307, 312

314, 333, 358, 380, 390, 405, 456

483, 504, 525

Thomas, Jr 220, 244, 288

William 10, 49, 55-57, 80, 84,

115, 118, 125, 128, 134, 136, 155
171, 185, 186, 306, 332, 417, 504

William, Jr 247, 248, 261

Robinson, David 447

James 390, 394, 395, 400, 405

John 479

Jonathan 386, 394, 543

Nathaniel 116

Sarah (Taylor) 447

Stephen 160, 166

572

INDEX

Roby, Henry 35, 238, 267, 280

358, 372, 376, 377, 381, 382, 389
392, 394-396, 426, 427, 436, 449

Samuel 392

Rogers, 79, 128

Richard 3,4

WiUiam 542

RoUins, Ichabod 280, 282, 292

342, 376, 387, 389, 399

James 19,21

49, 58, 80, 83, 122, 169, 172
179, 189, 190, 280, 351, 501, 545

Joseph 280,282,387

Thomas 316

Roper, Walter 30

Rose, Roger 380, 382

383, 392, 428, 438

Rowe, 9

AUen 100

Edward 196

EHzabeth 37-39

Mary 113

Nicholas 37-39, 42, 43

46, 49, 55, 56, 61, 467

Richard 213,253

276, 323, 348, 377

Rowland, Lawrence 306

Samuel 253

Royal, Teague 418

Ruck, Thomas 136

Rudd, 247

Rundlett, Charles 367, 383

428, 429, 439, 444

Mary (Smith) 429

Russell, Francis 400

Henry. . .305, 309, 341, 349, 355, 394

James 406

John 400

Mrs 298

Philip 387

Richard 194, 195

Ryford, Daniel 349

Salter, Henry 223

Jabez 539

Saltonstall, Richard 42

Robert 32

Sampson, Elizabeth 289

Sanborn, John 199, 358, 362, 364

372, 376, 382, 426, 434, 440, 445

John, Jr 396

Josiah 383,393

William 374, 379, 436, 437, 478

Sanders, Edward 14

Joseph 174

SatcheU, Roger 340

Savage, EUzabeth 502

Elizabeth (Walford) 226, 227

Henry 179, 515

Mary 226

Thomas 47,495

Sayles, Mark 349

Sayward, Robert 21, 22, 30

Scammon, Richard 362, 399, 431, 433

Sarah (m. DoUoff) 426

Scribner, see Scrivener.

Scrivener, John 214, 254, 288, 332

Sealey, 30

Elizabeth 308

John 20,47,48,53

60, 68, 69, 262, 330

Richard 108, 136

William 68, 100, 262, 270

Searle, Andrew 189, 195, 196, 514

Seavey, John 289, 293

Tamsen 380

Thomas 90, 118, 129, 206

210, 216, 292, 305, 315, 380, 393

William 48,51

53, 58, 80, 109, 129, 143, 154, 193
219, 305, 308, 405, 487, 506, 526

WiUiam, Jr 386, 390, 393

Sebrett, Philip 331

Richard 240,241

Sedgwick, Elizabeth 7

Joanna 147

Senter, John 388

Sercutt, Stephen 55

Severance, John 488

Severett, Philip 326, 372, 395

INDEX

573

Severne, Cornet 370

Janet 289,296

Sewall, Samuel 406

Seward, Henry 216

John 246,253,307

350, 355, 358, 363, 370, 393, 394

Mary 236,251

Richard 181,236,251

Sexton, Thomas 434, 435

Shackerly, John 156, 190, 198, 203

Shackford, William 275, 324, 339

340, 349, 364, 386

Shapleigh, Alice 71

Nicholas 46, 49, 71, 100, 127

245, 293, 315, 352, 365, 366, 455

Sharpam, Thomas 88

Sharps, James 371

Shatswell, Theophilus 110

Shaw, Benjamin 364, 367

Edward 125, 126, 128, 130

John 18, 47

Joseph 374, 379, 397, 449

Peter 418

Sheafe, Richard 478

Shears, Elizabeth 97

Jeremy 31,56,97,112

John 97

Robert 526

Shepard, Abraham 427

Jacob 427

Sherburne, Ambrose 326

Amy (Cowell) 444

Henry 9,11,28

41, 51, 57, 60, 82, 93, 147, 148, 150
158, 164, 191, 195, 204, 209, 215
220, 224, 235, 242, 246, 247, 253
258, 271, 278, 279, 281, 291, 292
299, 303, 326, 344, 352, 369, 370
377, 378, 413, 458, 499, 506, 507

John 8,23

57, 84, 88, 97, 108, 118, 125, 129
139, 142, 144, 147, 155, 158-160
164, 168, 170, 192, 208, 214, 224
233, 251, 255, 274, 299, 323, 339
347, 358-360, 371, 372, 374, 397

Sherburne, continued.

Joseph 444

Love 412

Samuel 288,298

309, 383, 384, 386, 404, 407, 412

Sarah (Abbott) 235, 247, 253

258, 291, 292, 377, 383

Sherland, James 89

John 97

Shipton, William 209

Shipway, John 244, 264, 273

281, 283, 298, 299, 314, 323, 338
339, 358, 362, 369, 378, 386, 398

Shiveret, Samuel 289, 296

Shore, John 309, 350

Shortridge, Richard ... .88, 273, 277, 314

Shover, John 349

Shrimpton, Henry 206

Samuel 406

Simmons, John 247, 303, 317

Simonds, 205, 275

Elizabeth 534

Harlackenden 533-535, 538

540, 541, 543, 544

Henry 14

John 289

Samuel . . 256, 533-536, 538, 539, 541

Samuel, Jr 534, 541

Thomas 312

Welthen 289

William 534,536,544

Skilhng, John 298

Mary 298

Skipper, Jane 53, 54

Sleeper, Moses 366

Thomas 366

Sloper, Richard 169, 192, 195

214, 220, 221, 224, 233, 244, 253
271, 374, 394

Small, Francis 292

Smart, Eleanor (Pratley) 426

John 35

Margaret 35

Robert 117, 277, 342, 349, 405

Robert, Jr 426

574

INDEX

Smith, 10

Ann (m. Clifford) 447

Edward 316, 362, 365, 392, 400

Francis 75, 80

George 10,11

21, 29, 32, 39, 41, 52, 53, 58, 59, 61
66, 70, 73, 75, 82, 86, 92, 94, 100

James 181, 185, 231, 267, 404

John 231,238,239

291, 308, 394, 396, 429, 435-437

Joseph 160, 166

244, 323, 387, 435-438, 489, 543

Mary (m. Rundlett) 429

Nathaniel 367

Richard 533

Robert 12,392,437,448

Thomas 8

WiUiam 88, 139, 242, 465, 469

Snell, Christopher 228, 283

Elizabeth 348

George 225,383

SneUing, Thomas 462

Somers, Christopher 294

Souther, — 367

John 449

Nathaniel 69

Sowton, Christopher 174

William 518

Sparkes, Henry 229, 427

Spencer, Humphrey 341, 392

Roger 147

Spiller, Abraham 404

Spinney, Thomas 84

Squire, Barnard 189, 489

515,518,519

Philip 340,341

Stanyan, Anthony 12, 236

365, 380, 449, 461

Jacob 384

Starbird, Thomas 369

Starbuck, Abigail 99

Catherine 98,99

Edward. . . .3, 5, 7, 11, 16, 19, 31, 40

42, 70, 98, 99, 124, 125, 454, 465

Nathaniel 99,482

Starr, Benjamin 298

Start, Thomas 313

Steere, William 457

Stevens, 310

Caleb 284,319

Mehitabel (Colcord) 442

Nathaniel 339,442

Ruth 319

Stevenson, Bartholomew 400, 401

Joseph 198, 344, 349, 350

362, 363, 367, 372, 380, 386, 392

Thomas 6,20,43,198

222, 271, 359, 465, 469

William 324

Stileman, Elias. . . 140, 149, 161, 166, 168
176, 191, 204, 205, 209, 213, 216
217, 220, 229, 231-233, 242, 243
252, 254, 262, 264, 269, 275, 282
285, 287, 288, 303, 313, 314, 317
318, 320, 323, 329-331, 333, 337
339, 355, 358, 361, 369, 374, 379
385, 391, 393, 400, 413, 521

Elias, Jr 231

Mary 236,353,521,529

Richard 169, 177

180, 187, 211, 214, 220, 229, 235
236, 243, 244, 264, 273, 276-278
283, 314, 323, 333, 338, 353, 404

Stimpson, Thomas 110, 128, 254

Stinson, see Stevenson.

Stockman, John 376

Stokes, Isaac 189, 259, 341, 524

Rebecca 189

Storer, WiUiam. . 11, 13, 24, 44, 58, 75, 77
78, 93-98, 103, 110, 113, 115, 122

Story, George 7

WilUam 162

Stoughton, WiUiam 288, 323

333, 396, 399, 402

Stranguidge, Arthur 542

Sunderland, John 137

Swadden, PhiUp 9-11

Swaine, Jeremiah 406

Richard 44

Sweet, George 350, 375

INDEX

575

Swetraan, Thomas 274

Swett, Benjamin 268, 540

Esther (ra. Greenleaf) 444

Tanner, John 203, 210

243, 245, 250, 523

Tapping, Joanna 330

William 330

Taprill, Abizag 187

Robert 489

Tare, John 7, 11, 20, 36, 91

Thomas 19, 29, 34, 342, 362

Tarrin, Thomas 116

Taverner, William 456

Taylor, Ann (m. Pearson) 440, 441

Anthony 358, 394, 449

George 42

Henry 19, 40, 43, 44, 49, 51, 57

Hercules 249

Sarah 441

Sarah (m. Robinson) 447

William 347

Zachariah 156

Tedder, Stephen 7, 12

Tenney, Robert 7

Thing, Jonathan 393, 396, 413, 441

Mary (Oilman) 441

Thomas, James 247, 380

John 170, 247

William 525

Thompson, Samuel 470, 471

William 470

Thorner, Edward 135

Henry 134,135

Thurton, Thomas 381, 389, 392, 447

Tibbetts, Henry 18, 34, 80

83, 90, 102, 112, 115, 125, 126
136-138, 156, 167, 332, 349, 356

Jeremiah or Jeremy 110, 113

128, 145, 178, 193, 197, 198, 213

243, 249, 268, 270, 304, 338, 516

Thomas 410

Tidd, EUzabeth (Fifield) 444

John 32,444

Tilton, Daniel 369, 390, 392

Samuel 460

Tippin, Bartholomew 380

Tobey, Henry 32

Todd, John 194

Tomes, Richard 310

Tompkins, 8

Tope, 304

Topp, Mary 8

Towle, Caleb 430

Isabel 368,430

Philip 394,430,432,449

Philip, Jr 384

Towsley, Mary (Hussey) 444

Michael 444

Trask, Captain 16

Tree, Richard 8

Treworgie, John 35, 53

Trickey, EUzabeth 89, 97, 329, 529

Francis 44,97,119,127

Isaac 252, 266, 348, 376, 384

Joseph 348, 378, 392, 398

Sarah 119,123

Thomas 7,20,21,46,49,71,72

84, 89, 120, 134, 141, 162, 177, 184
197, 212, 272, 329, 346, 371, 528

Widow 377,378

Zachariah 270,378

Trimmings, Oliver 11, 91

Susan 109

Trueworthy, James 293

Samuel 306

Tuck, John 393

Robert 21, 28, 30, 137, 209

Tucker, 188

Francis 323, 343, 350, 352, 385

James 338

John 288,289,304,358

Lewis 305,306

Margaret 421

Phihp 173

Richard 101,102, 118

123, 132, 220, 224, 246, 263, 276
312,344,421,458

576

INDEX

Tuckerman, Eme 191, 199

Otho 188,191,199,510,511

Tuley, Christopher 306

Turner, Thomas 217, 291

Turpin, Agnes (m. Endle) 280

Elizabeth (m. Leach) 280

Jane (m. Adams) 280

Jane (m. Furson) 121

Thomas 47,53,61

84,121,154,280

Tuttle, Dorothy 181

John 12,26,91,110,181,228

303, 314, 335, 340, 341. 371, 390

Simon 541

Thomas 110

Twisden, Peter 231, 270, 285

317, 335, 346, 349, 356

Twombly, Ralph 128, 148, 156

158, 165, 172, 178, 194, 209, 216
217, 222, 259, 261, 486, 498, 525

Tyng, Captain 155

Edward 528,539

William 233

Ugrove, John 3-7, 9, 11

Underbill, John 3

Urin, Widow 209, 210

William 191,193,203

See also Erring, Erwin.
Usher, John . .304, 396, 399, 400, 402, 403

See also O'Shaw.

Vamey, Humphrey 186

Vaughan, Cutt 355

Eleanor 355

Mary 355

William 207,219,221

225, 251, 255, 257, 264, 272, 276
283, 290, 299, 303, 323, 344, 345
347, 355, 358, 359, 361, 369, 370
374-376, 379, 383-385, 389, 390
402, 404, 406-413

Veasey, George 88, 139, 278

Mary 225

Mary (m. Moore) 425

Vittery, Edward 348

Gregory 208

Peter 388

Wade, Jonathan 191, 193, 203

Wadleigh, Isaac 525

John 405

Justice 405

Robert 247,256,257

267, 268, 277, 292, 391, 398, 402
408, 532, 535-541

Wainwright, Francis 315

John 315

Waite, Richard 163, 178, 205, 495

Wakeham, John 412

Martha 412

Wakeley , Henry 5

Waldron, Alexander 214, 215, 233

245, 255, 266, 331

George 160, 165, 170, 349

Isaac 331,342,362,364

John 327,341,349

Richard 3-6, 9, 27, 29, 37, 52

53, 58, 81, 82, 91-93, 96, 97, 103
107, 119, 136, 143, 149-151, 155
168, 172-174, 176, 178, 180, 183
187, 192, 195-198, 200, 202, 205
211-213, 218-221, 225, 229, 233
235, 243, 246-248, 251, 252, 254
258, 259, 264, 269, 270, 272, 275
283, 285, 287, 288, 303, 313, 314
321, 323, 324, 332, 333, 338, 339
342, 348, 355, 358, 359, 361, 363
364, 367, 369, 374, 379, 380, 382
383, 385, 396, 399, 402, 404, 405
454, 465

Richard, Jr 332, 348, 393

William 9,10,12,13,21,29

Walford, Ehzabeth (m. Savage) .226, 227
Jane . . 38, 122, 129, 226, 258, 274, 502

Jeremiah 111,112,122

129, 150, 215, 246, 338. 343, 344
379,391,397,457,459

Martha (m. Westbrook) 226

Mary 157

INDEX

577

Walford, continued.

Mary (m. Amazeen) 215

Mary (in. Brookings) 226

Thomas 19, 38, 57, 61, 97

108, 113, 118, 129, 143, 147, 150
215, 224, 226, 227, 246, 252, 343
344, 352, 360, 378, 379, 397, 457

Walker, Alice 263

Isaac 222

Joseph 265

Samuel 12

WiUiam 263

Wall, James 6, 31, 35, 107

Margaret 35

Wallis, George 206, 244, 265

276, 334, 393, 405

Jane (Drake) 425

Peter 148,526

William 425

Walters, John 257

Walton, Abishag 458

Alice 189,399,522

Dorcas 522

George 6,8,11,20

21, 27, 40, 41, 49, 60-62, 79, 83, 89
91, 92, 98, 107, 110, 111, 113, 118
119, 121-123, 125, 127, 129-131
134, 137, 141, 145, 147-150, 152
161, 177, 179, 187, 189, 193, 194
196, 203, 208, 216, 245, 246, 252
284, 307, 309, 336, 338, 342, 353
357, 359, 362, 364, 370, 375, 380
391, 413, 414, 455-460, 464, 477
489, 490, 505, 509, 515, 522, 523

Job 249

Mary 357

Mary (m. Rand) 447

Shadrack 392, 394-396, 407

Wannerton, Ann (m. WilUams) 267

Thomas 4r-7, 10, 14, 17, 267

Ward, Thomas 367

Wardwell, Thomas 21

Warner, Thomas 23, 79

Waterhouse, Richard 386, 390, 395

Sarah 320

Watson, George 37

Jonathan 341, 371, 378

Philip 521

Robert 231,258

317,343,395,403

Way, Thomas 92

Weare, Nathaniel 358, 386, 445

Peter 3

Webb, George 11, 46, 79

Webber, Richard 347, 357

377, 389, 393, 395

Webley, George 249

Webster, John 36, 51, 56, 58

61, 64, 79, 84, 87-89, 92, 109, 121
122, 127, 130, 133, 134, 136, 141
145, 152, 160, 161, 166-168, 171
176, 180, 206, 246, 258, 500, 503

Judith (Broad) 345,346

Rachel 171,176,177

184, 185, 188, 190, 197, 212, 219

225, 240, 253, 259, 267, 269, 271

289, 499, 503, 512, 513, 517

Sarah (m. Lane) 447

Stephen 345,346

Thomas 386,390

Wedge, Thomas 57, 60, 62, 97

102, 159, 165, 487

Wedgwood, David 437, 438, 447

Weed, Samuel 442, 443

Weeks, Leonard 144, 163, 169, 177

192, 213, 215, 217, 220, 221, 233
247, 272, 276, 282, 340, 388, 472

Welch, Edward 171, 482, 497. 501

Weller, Samuel 521, 522

Wells, Thomas 442

Wentworth, Ezekiel 405

Gershom 333,341

John 290

Mary 286

Samuel 244,270

273, 283, 298, 312, 313, 322, 333

338, 341, 347, 355, 358, 374, 379

381,384,396

William 80,81,102

207,216,453,477

578

INDEX

West, Edward 184, 187, 197

206, 212, 218, 219, 225, 228, 236
238, 240, 245, 256, 265, 266, 269
272, 273, 283, 298, 306, 307, 312
317, 318, 336, 353, 359, 506, 527
530-532, 535, 536

Martha 336, 353, 359

WiUiam 517

Westbrook, John 217, 218, 263

314, 352, 359, 360

Martha (Walford) 226

Westcott, Daniel 340, 356, 364, 386

Weymouth, James 119, 137, 209

210, 230, 236, 264, 272, 283, 299
312, 322, 338, 346

Mary 347,357

Robert 107

Walter 522

William 107

Wharton, Edward. . .8, 13, 15, 16, 18, 182

Richard 266

Wheeler, Roger 126, 129

Wheelwright, 12

Whidden, Samuel 176, 188, 507

White, John 12, 13, 21

Paul 64,120

Whitehead, Robert 325

Whitehouse, Thomas 333, 340

Whiting, 11

Susanna 49

WilUam 4r-6, 16

Whitley, Samuel 253

Whittaker, Abraham 235

Whitwell, Samuel 328

Wiggin, Andrew 225, 227, 228

256, 257, 366, 392, 397, 478-481
493, 495

James, Jr 354

Thomas 6, 9, 15

18, 19, 24, 26, 34, 39, 49, 58, 60
70, 92, 95, 111, 115, 124, 135
136, 141, 143, 148, 155, 163, 164
168, 173, 178, 182, 183, 186, 189
192, 196, 213, 215, 453, 477, 508

Wilcomb, Richard 230, 259, 264

272, 283, 299, 305, 339, 347, 404
418,419

Wilkins, John 521, 522

Willard, Major 314, 318

Willey, John 341

Margaret (Crawford) 48, 50, 58

Samuel 309, 353

Thomas 48, 50, 56, 58, 62, 63

80-82, 88, 97, 107, 108, 111, 128
140, 141, 148, 213, 353, 465, 469

Wilham 348, 358, 360

WiUiams, 4, 14, 23

153-155. 371

Ann ( Wannerton) 267

Elizabeth 211

Francis 5, 7, 84, 280

Henry 365

Lydia 23

Mary 211

Matthew 20, 126, 128, 191, 223

229, 231, 239, 250, 291, 308, 465

Robert 318, 329, 337, 346

Thomas 38, 39, 42, 43, 49, 267

WiUiam 115,118,125

128, 134, 159, 174, 185, 212, 290
332, 417, 469

William, Jr 196, 221, 332, 417

Wilhx, Belshazzar 6, 32. 35

Willoughby, Francis 213

Wills, Humphrey 335

Sarah 515

Thomas 290

William 297

Wilson, — 126

Gowen 131,461,514

Humphrey 35, 92, 425, 461

Richard 236

Samuel 325

Thomas 6, 172, 173, 488, 489

Wincoll, John 179, 251. 321

Wingate, John 179, 201, 228

229, 254, 277, 303, 333, 346. 348

369, 380, 485

Oliver 191,199

INDEX

579

Winsland, John 230, 261

Winslow, Ephraim 384

Nathaniel 434

Samuel 135

Winthrop, Wait 406

Withers, Thomas 7, 11, 67, 68, 519

Wolcott, John .... 536, 537, 539, 540, 542

William 69

Woodbridge, Thomas 434,435

Woodman, Edward 366

John 128,134,155

178, 188, 206, 213, 220, 239, 255

265, 276, 314, 333, 369, 418, 508

509,512,515,516

Woods, John 261

Richard 261

Woodward, James 20, 23

Wooley, John 349

Stephen 349

Workman, Samuel 207, 257

Wormwood, Ann 39

Catherine 59, 60

William 30, 38, 47, 55, 79, 92

Wotton, John 12, 53, 62, 79, 96

97, 101-103, 110, 455, 456, 459

Wright, Nathaniel 383

Wyatt, John 263

Salome 263

Yabsley, John 334

Yeamans, John 231

Yelland, John 351

Yongerofe, John 100

York, Benjamin 330

Ehzabeth 308, 309

Grace (m. Oilman) 429

John 293, 308, 309, 352, 375

Richard 11,118,128

192, 220, 244, 308, 375

Young, John 317, 374, 379

384, 404, 428, 440