USA > Massachusetts > Suffolk County > Boston > Volume relating to the early history of Boston, containing the Aspinwall notarial records from 1644 to 1651 > Part 15
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soever. In witnes whereof I the sª Ed. Gibons have caused this Bill of sale to be made & have hereunto sett my hand & seale this 6th January 1648.
Sealed & dd in prsence of
Edw: Gibons & a seale David Yale :
Valentine Hill :
This was prsented to mee by Mr Wm Davies to be re- corded de bene esse.
7 (6) 1648 Henry Shrimpton of Boston did constitute Wm Gibbins of Hartford his true & lawfull Atturney to re- cover & receive of John Daves of Hartford all such sume or summes of money as are due to him & to sue impleade &c:
9 (6) 1648 I witnessed to 2 Covents about the hyre of the Pretty from Xper Lawson to Geo: Dod, for six months at 40s p month :
7 (6) 1648 David Selleck a Bill to pay for vessell Susan 31i 58 per hund. & Covt of Lanclet Baker to finish it & mast it & do the joyners worke & to beare halfe the vessells chardge till cleared belowe the bridge at Mistick.
152
ASPINWALL NOTARIAL RECORDS.
Also a Bill of sale of & the said vessell from Lanclet Baker to David Selleck :
[Page 132.]
8 (6) 1648 Noverint Universi p p'sentes me Christopher Lawson de Boston in nova Anglia wine Coop teneri et firmiter obligari Thome Kemble de Charlstowne in Nova Anglia p'dicta ffactor, in trecentis libris bene et legalis mone- tes Angliæ, Solvend eidem Thome Kemble aut suo certo Atturnat Executoribq Administrat vell Assignat suis, Ad- quam quidem solutioneni bene et fideliter faciend obligo me heredes, Executores ac administratores meos firmiter p p'sentes. Sigillo meo Sigillat Dat secundo die Augusti. Anno Dni 1648
The Condition of this pesent obligation is such that if the above bounden Christopher his heires Executors & Adminis- trators or either of them doe well & truly observe pforme fulfill & keepe all & singular the articles covenants & agree- ments conteined in a certaine schedule beareing Date wth these prsents made betweene the above bounden Christopher Law- son on the one pt, & the above named Thomas Kemble on the other part, wch on the part & behalfe of the said Christo- pher Lawson ought to be observed pformed & fulfilled & kept unto him the said Thomas Kemble, then present obli- gation to be void otherwise to remaine full of force & vertue. Sealed & delivered. Christopher Lawson & a seale.
in the presence of
The said Christopher Lawson ingageth also his howse in Boston for farther securitie, this was added before the en- sealeinge & delivery, acknowledged also before mee In- crease Nowell
Joseph Armitage his marke.
John Perry, Wm Hudson Atturney to Georg Smith, Bar- tholomew Barlow Atturney to John Carman, Abraham Knight, Richard Croucher, Wm King, Richard Haselwood sealed to a Release unto Major Edward Gibons of theire in- terest in the Shipp Planter.
[Page 133.]
12 (6) 1648 By Wm Kieft Derecture generall of New Netherlands &c:
To all Christian people whom these pntes shall concerne greetinge these may certify yo" that the first of Aprill last past John Richbell & John Dolling Merchants did as Joynt partners buy covenant & receive of & from us twenty & one
153
ASPINWALL NOTARIAL RECORDS.
Negros at two hundred guilders the Neger wch amounted to the sume of foure thousand two hundred guilders the wch said summe they covenanted pmiscd & conditioned to pay by the last of August following in pease & wheate & for the pformance the sd John Dolling was left here ingaged to us & the said Richbell had nineteene of the sa Negroes wth him into New England. the tenth of June following the sa John Richbel brought & Delivered us one hundred ninety & one I say 191 bushells of wheate at 52 Stivers the buchell wch amounted to 496 guilders & the remainder the sa John Dolling hath paid satisfyed and given caution for to the value above said weh is 4200 guilders given under or hand in or fort Amsterdam in New Netherlands this 26º Novemb": Anno 1646.
Subsci Willm Kieft:
Know all men that I John Dolling do acknowledge my selfe fully satisfyed from John Richbell the aforesaid summe of foure thousand two hundred guilders witnes my hand this 12 (6) 1648
Jnº Dolling
Teste Willm Aspinwall Notª publ
19 (6) 48 I set my hand as witnes to a Release from John Perry to Major Edw: Gibons about the Ship Planter.
19. (6) 1648 John Kelly Atturney to Stephen Olivier of Exeter mercht substituted John Holland of Dorchester in N: E: his atturney wth power to aske leavie &c: of all & singular pson or psons in N: E: all & singular debt or debts &c: Due unto the sd Stephen Olivier. & of the receipt to give acquittance &c: also to compound &c: & to sue impleade &c: & generally to doe all things: & to substitute one or more &c: Ratifying &c:
19 (6) 1648 Nathaniel Wilson of Roxbury granted unto Joseph Wood of Ovenden in Yorkshire his right & title unto a certain Messuage in Ovenden wth all the lands unto the same belonging. & This was by an absolute deed of sale Dat. 19 (6) 1648.
[Page 134.]
In the name of God Amen. Gilbert Carpenter Mr and part owner of the good shipp called the Gilbert of Dartmouth Burden one hundred & ten tonne or thereabout, eleven peeces of Ordinance Twenty men & a boy. hath letten to freight his sd ship or vessell weh is now rideing at Anchor in
I
154
ASPINWALL NOTARIAL RECORDS.
Orotava in the Iland of Teneriff, unto Gowen Painter & Samuel Dashwood English Merchts now resident in the sd Island of Teneriffe in manner following. ffirst it is agreed that the said Merchts shall have twelve days to loade & put abord of the shipp what goods & Merchandises they shall think fitting to begin from the day of the date hereof : & being dispatched from this Island wth what goods & Mer- chandises shalbe laden abord by the sª Merchts. It is agreed by the pties above mentioned that the sd Master shall directly saile unto the Isle of May & take into his ship what salt shee can conveniently carry the cost & chardges of putting aboard the sª salt is to be defraid & borne by the sd Master to be loden for the Acco of the sd merchts & have- ing taken in what salt the sd shipp can conveniently carry the sª Master is directly to saile unto the port of St: James in Virginia where shee is to stay ten days at an Anchor to dischardg what part of her ladeing shalbe thought fitting by the sd merch's or theire assignes & likewise shall take into his said shipp what goods & Merchandise the sd merchts or theire Assignes shall loade & put aboard the sd shipp, & if in case the said Merchts doe find sale for theire whole lade- ing of wine & salt, then & in such a case it shalbe at the pleasure of the sd Merchts to keepe the sd ship in the afore- said Port of St James in Virginia sixty dayes for her dis- charge & reladeing: & if in case the sd merchants doe not find sale for the goods and merchandises according to theire content in the aforesaid Port of St James in Virginia, then the sª master is to pceed wth what goods & Merchandise are aboard him directly for the Port of Boston in N: E: wch shalbe his port of dischardg & relading of the sª shipp. for weh discharg & relading the sª merchts are to have sixty dayes : & if more than sixty shall be needfull for discharge & relading then the sd merchts are to have twenty dayes of demorages at the rate of three pounds p day. & the sd shipp being dispatched by the sd merchts or theire assignes, the sa Mr is to pceed directly unto the Island of Teneriff & Port of
[Page 135.]
Orotava & there to discharge all the goods & merchandises brought in the sd ship for the Acco of the sª Merchts for the weh discharge the Merchts are to have twenty fyve dayes, & if more dayes shalbe spent in discharge of the sd ships lading, the merchts are to allow three pounds sterl p day for every day so spent. & for accomplishmt of the sd voyage the sª Mr doth oblige himselfe & his shipp in penalty of one thousand pounds & the abovesd voyage being by the sd Mr pformed
155
ASPINWALL NOTARIAL RECORDS.
the sd merchts are to pay freight to the sd master after the rate of six pound sterl p Ton to be paid in manner following, wch is to say one hundred pounds in money wth in ten dayes of the arrivall of the sd ship in Orotava roade & the rest in good & merchantable wines at the price Current as shalbe laden by other merchts of this Island for the pformance and paymt of the sd freight the sd merchts doe oblige themselvs & goods in penalty of one thousand pound sterling the tonnage of the sª ship to be accounted as shee shall stowe in wines in her hould. In witness of the truth the parties above men- tioned have here unto putt theire hands & seales Dated in Oratava this 23 day of May. Annº Dni. 1644.
Wee whose names are here written do certify that the afore written is the true Copie of a Charter party made be- tweene Gowen Painter & Samuel Dashwood mercht resident in the Island of Teneriff of the one partie & Gilbert Carpenter mariner & m" of the sd shipp called the Gilbert of Dartmouth of the other partie witnes or firmes. Dat. in Tenneriff the 14th of June 1647.
We that doe here subscribe Doe certify that the foregoing Copie we have perused & find to agree wth a Charter partie Ich was pesented unto us by Mr Goyen Painter subscribed by Gilbert Carpenter as m', & witnessed by John Hitchcooke Phillip Ward & John Paydge the weh we conceive to be the true charter partie made by the aforementioned therein. & although wee did not see the parties signe it yet for what Correspondence & tres we have had from said parties wee conceive it to be theire firmes Dat the 14th June 1647.
David Stevens John ffowler
John Sampson John Campion.
Marmaduke Raudon
Raph Lambert.
[Page 136.]
11. (7) 1648 Samuell & Margaret Cole sealed a tre of Atturney unto Samuel Keyes, John Smith & Wn Lokar to surrender theire lands in the manor of East hall into the hands of the Lord for the use of Stephen King of Col- chester.
Also they sealed an acquittance unto John Greene of Broadoake for sixteene pounds foure shillings. both of them Dated 11 (7) 1648. I atttested a certif: of his wives health. 10 (12) 1648.
31th (6) 1648 Uppon the 31th day of the sixth month called August in the yeare 1648. At the request & in the behalfe & name of Mr Wm Paine of Ipswich in N: England
156
ASPINWALL NOTARIAL RECORDS.
I William Aspinwall Notary & Tabellion publ by Authority of the Generall Court of the Massachusetts admitted & sworne did goe unto M' Sampson Lane & presented unto him a Bill of Exchange the tenor whereof here followeth
July 5th. 5 : mo: 4.8 /
At twenty dayes sight of this my first bill of ) Exchange I pray you pay or cause to be pd unto Mr Wm Paine the just summe of fifty pounds in moneys at foure shillings & sixpence the doller or in goods at the said rate or value, at day make good paymt being for like value here recd & place it to my Account, so God keepe you And rest you loveing frend
li g d
50.00.00
John Thompson
To his loveing frend mr Samp-
son Lane at his house at Straw-
berry bancke in Paskatq River.
This Bill did I the said Notary : present to the sª Samp- son Lane & demanded payment : his answer was that he re- ceived tres of advise from John Thompson of the same date, but no advice about the sª Bill & therefore would not accept thereof. whereuppon I the sd Not. did then in the name of the sd Wm Paine protest against the sd John Thompson who drew the sª Bill, as also against. the said Sampson Lane for not accepting thereof, for all damages & losses wch the sd Wm Paine shall suffer by reason thereof, that the sª John Thompson or Sampson Lane or both or either of them shal be lyable & responsall for the same.
Thus done & passed in the towne of Boston in the presence of Nicholas Davison. Quod virtute &c:
[Page 137.]
12. (7) 48 Thomas Hawkins gave John Pierce of Bos- ton a bill of ten pound to be pª in Shop Comodities the 10th June next. Dat. 12. (7) 1648.
16 (7) 1648 Walter Merry did ordine Robert ffen of Boston his true & lawfull Attr granting him power &c: to aske leavie &c: of Richard Chadwell late of Sandwich now of New haven a certaine Bill obligatory of fourty eight pound, & of the receipt to give acquittance &c: also to con- pound &c: & to appeare in any Court or Courts there to sue &c: & generally to doe &c: wth power to substitute &c: ratifyinge what soevr &c:
157
ASPINWALL NOTARIAL RECORDS.
16 (7) 48: I attested a Copie of an agreemt wth an obligation for paymt of 24 li. 10 s
18. (7) 1648 Know all whom these may concerne that on the 10th day of this eighth month it was mutually cove- nanted & contracted betwixt Wm Roberts of London wine coop on the one pt & Mr Richard Russell of Charlestowne in New England wollen Drap on the other party : that uppon causes & considerations leading them: that whereas Rich: Russell hath disbursed on a house (wch was formerly Mr Averies) certaine summes towards the purchase thereof, It is now henceforth determined & mutually agreed uppon, that in case Wm Roberts shall punctually pay two Bills o Exchange for the use & by the appointmt of Rich Russell, the one of fifty pounds fourty dayes after sight, the other of eighteene pounds at or uppon the first of Aprill next in Cur- rent money of England: & shall moreover lett the sd Rich: Russell peaceably enjoy the whole house & warehouse wth the garden rent free untill the 29th of Sept. next ensueing wch wilbe in the yeare 1647 : then the sª Rich: Russell is to Deliver up to the sd W" Roberts the sd house warehouse garden & all the immovables thereunto belonging : as like- wise all the land belonging to the same, excepting one meddow wch was sould to Wm Stilson, wch meadow if the sd Roberts doe desire to possesse then the sd Rich: Russell is to purchase the same againe for the sª Wm Roberts, the sd Wm Roberts paying to the sª Rich: Russell as much as it was sould for to Wm Chilson. The sª Wm Roberts is to have the house & warehouse in as good condition as it is at this day ordinary usage excepted : It is further covenanted & agreed uppon, that in case the two bills or either of them shall not be pa as p Bills of Exchang, that the sª Wm Roberts is to give to the sª Rich: Russell wth tres of advice ; that the sª Rich: Russell is to enjoy the said houseing & appurtenances until the sd Wm Roberts shall pay the sd Richard Russell in New Englan done hundred pounds of current money : the sd house & land being the said
[Page 138]
Richard Russells security for pformance hereof. this 10th of October. Anno 1646 Sealed & dd in the presence of us
John Hodges Edward Mellowes.
William Robb: Richard R [ussell]
158
ASPINWALL NOTARIAL RECORDS.
18 (7) 1648 Theodore Atkinson of Boston granted unto Anthony Waters late of Marshfield a tre of Atturney to aske leavie &c: of Capt. Howe of the Isle of Wight alias Lieft: Gardiners Iland neere Long Island the sume of eleven pounds due to him & of the receipt to give acquit- tance &c: also to compound &c: & to appeare in any Court or Courtes there to require lawe &c: And generally to doe all things concerning the p'misses &c: ratifyeinge &c:
21 (7) 1648 : I attested a tre of Atturney from Paul Allistree to M' Nicholas Davison for recovery of all debts due to M' Ri: Pickford & M' Edw: Selmans of Maderas :
23. (7) 1648 I attested a Copie of a tre Att from Anne Willis of Chettel in the County of Dorset Widdow & Zachary Willis of West woorth in the sd County gent unto Anne Willis Widdow formerly the wife of Nathanaell Willis to take all their right & interest wth all the writeings thereto belonging in England & Virginia &c:
23 (7) 1648: I also attested the Copies of sundrie the pceedings of the tryall had about the Shipp Gilbert, wch Mr James Lake had for the use of his Merchts:
25. (7) 1648. I witnessed unto a Will made by Richard Straine of Boston & sealed by him the 25 (7) 1648:
2 (8) 1648: Bee it knowne unto all men by these p'sents that I Thomas Santley of London mercht have or- dained made constituted & appointed & in my place & steed put my trustie & welbeloved frend Wm Vincent of London Mercht. to be my true & lawfull Atturney & Assigne for mee & in my name & to my use to demand recover & re- ceive by all lawfull wayes & meaines what soever of Hum- phrey Higginson now resident in Virginia, & all other psons whom it doth or shall concerne, all such Goods Merchandizes debts summe & summes of money, estate, & demand, what- soever, as are to
[Page 139.]
mee the sd Tho. Santley payable or belonging in N: Eng- land or Virginia aforesd by any waies or meanes whatso- ever, or in whose hands or custodie soever the same are or . shall be remaineing intrusted & left by my ffactor Samuel Pierce Deceased, for my Account, according to a true Accot. under my sd ffactors hand sent mee over from Virginia a long since, & to Demand & receive Accounts & reckonings of & from the said Humphrey Higginson & all other psons whom it doth or may concerne of & for all such goods &
159
ASPINWALL NOTARIAL RECORDS.
merchandizes & other things wch heretofore came to his or theire hands or disposition for the use of mee the sd Thomas Santley in as large & ample manner as by tre of Atturney under my hand & seale made the 12th day of March Anº Dni 1637 in the thirteenth yeare of the reigne of or Soveraign Lord Charles by the Grace of God Kinge of Eng- land &c: I did Anthorise my sd ffactor Samuel Pierce in my behalfe & for my use & Account to doe & pforme & to sell barter & dispose of such goods & merchandizes as my sd Attur: Wm Vincent shall receive & recover as aforesd, or any part thereof to the use of mee the sd Thomas Santley, in such manner as my sd Atty: shall think best & fitting, makeing no debts except for such moneys as my sd Atturney shall receive bills of Exchang for payable to mee or my As- signes in London together wth security by bond for accept- ing & payinge of the sume accordingly, & for non Accounting, paying or Delivering moneys wares or merchandize, by any of my Debtrs in N: England or Virginia, to my sd Att": Wm Vincent according to my ffactor Samuel Pierce his list & true Account, weh my sd Atturney carryethi along wth him, to sue arrest impleade & condemne them in any Court of Judicature wthin the sd Colonies of N: England & Virginia, & them to imprison & out of prison uppon satisfaction or good security given to remise release & dischardge & to seale acquittances releases or other lawfull dischardges to them in my name or in the name of Edward Pierce of Lon- don Mercht Administrator of the goods & Chattles of my ffactor Samuel Pierce deceased, but as my act & Deed as my said Atturney shalbe thereunto advised by councell learned in the lawe: Giveing unto my said Atturney Wm Vincent further power & Authoritie to depute & sett under him Wm Hill now resident in Virginia
[Page 140.]
to bee an Atturney for him to Actuate herein or more Credible Atturneys likewise to transact the Authority of this my tre of Atturney on my behalfe & to my use & account & whatsoever my sd Atturney Wm Vincent or his Deputed Atturneys shall doe or cause to be done in the prmisses I doe ratifye confirme & allowe the same to all intents & purposes to be reall & substantiall done by vertue of these presents as if I myselfe were then & there psonally prsent at the doeing thereof. In witnes whereof I have hereunto sett my hand & seale the 4th day of Septembr in the three & twentieth yeare of the reigne of or Soveraigne Lord Charles by the grace of God King of England Scotland
160
ASPINWALL NOTARIAL RECORDS.
ffrance & Ireland defendr of the faith &c: 1647 Anº Dni. Sealed & Delivered Thomas Santley & a seale in the p'sence of
John Rogers
Thomas Elzey notar: publ:
This is a true Copie of such a writeing p'sented unto me Wm Asp: publ Not by the sd wm Vincent to record this 2 (8) 1648:
3. (8) 1648: I testifyed to a Copie of Bill of Exchange from Mr Stephen Goodyeare to M' Malbone to pay 431 to Mr Grey at the Crosse keys in Birchin lane for the use of Mr Kcanie.
Also I did Attest a Copie of an Account betwixt Zepha- niah Smith. & Wm Hanberry to the value of 501 158. Also I attested another Copie of the same Dat. 18 (10) 1648
3 (8) 1648. Wm Hanberry of Boston did make &c: Edward Stebbing of Hartford uppon Connecticot his true & lawfull Attr, granting his said Attr: full power &c: to aske &c: of Zephaniah Smith of Hartford. the sume of fifty pounds 15$ due to him, as by account under the hand of the sª Zeph: may more fully appeare ; & of the receipt to give acquittance &c: also to compound &c: & to appeare in any Court &c: there to require leave &c: to doe say &c: & gene- rally to doe all things concerninge the premisses &c: wth power to substitute &c ratifying irrevocably &c:
[Page 141.]
31 (7) 1648 Nicholas Rice of Boston constituted Peter Gardiner of Roxbury & Nicholas Gamage of London book- binder his true & lawfull Attrs : granting them power joyntly & severally to aske &c: of the Exectors of Tho: Rice of Walden deceased all such Legacie or Legacies as were given or bequeathed to the said Appearer or otherwise due to him by the death of his brethren & sisters ; also to Aske &c: all such bond or bonds or other writeings concerning himselfe or his said brethren & sisters deceased left in trust in the hands of Mr Wm Saunders of Walden in the County of Essex or in the hands of any other, & of the receipt to give acquit- tance &c: wth power to substitute &c:
17 (8) 1648 Nicholas Rice of Boston planter consti- tuted Petr Gardiner of Roxbury & Nicholas Gamage of Lond. bookseller his true & lawfull Atturneyes: granting them power to aske leavie recover &c of the Executrs of
161
ASPINWALL NOTARIAL RECORDS.
Rich: Rice of Ketton in Suffolke shoomaker a certaine Leg- acie of ten pounds, & of & from all & singular pson or psons whatsoever all debt or debts summe or summes of money due to the sd appearer & of the receipt to give acquit- tance &c: as in the former.
23. (8) 1648 Samuell Martin of Conecticott oweth the 28th of 5th 1646
li S
d
One dozen of Kersey stockings 38: . 01:18: 00
One doz of Cotten at 218 01:01:00
One doz ditto. at 15s 00:15: 00
11 yds ¿ of Adaretto at 48
02 : 06 : 00
to pay in good beaver wthin three weekes 06: 00: 00 Witnes my hand the day & date above mentioned Samuell Martyn.
1 (9) 16 48 David Selleck of Boston did constitute Capt Richard Malbone of New Haven his true & lawfull Atturney granting him power to aske leavie &c: of Tho: pell of New haven Chirurgeon the summe of three hundred pounds wch he stopped or detained & due damages, & of the receipt to give acquittance, also to compound & agree & to sue impleade &c :
Also an Assigment was made by Dav: Selleck unto Edmund Leach to receive the said summe & whatsoever Capt Malbone shall recover & to give him a dischardge :
Also I attested a Copie of the Oath of Dorothie Tilson taken before 27th Apr: 16.47
the 2. Novemb. 1648.
2 (9) 1648 Know all men by these presents that I Thomas Joy doe quitt Thomas Turner of all suites debts dues & demands from the beginning of the world till this day.
witnes Edw: Tailor The marke of X Tho: Joy
Ambrose Leech
This is a true Copie of the like writeing prsented to mee by Thomas Turner so subscribed & witnessed.
[Page 142.]
4 (9) 1648 Thomas Turner acknowledged that he had sould to ffrancis Smith & Ambrose Leach halfe the new barke the Jonathan Baulston is a building according to the deed now in Mr Pormorts hand.
162
ASPINWALL NOTARIAL RECORDS.
4 (9) 1648 To all men whom these p'sents shall come John Sibly of Salem in N: E: in America sendeth greeting. Whereas at a Court Leete wth veiw of ffranc Pledge together wth the Court of the Manor of Bradpole in the County of Dorset there held the 2d day of Septemb: in the fifteenth yeare of the Reigne of or late Soveraigne Lord King James of Engl: &c: S' Nicholas Salter Knight late Lord of the said Manor, did grant unto Nicholas Hallet & unto the said John Sibly & unto Wm Sibly now deceased sonnes of Wm Sibly then deceased one tenement wth the Appur- tenances two close of land arable, & pasture called Longley conteining nine Acres & a halfe & one close of pasture called ffragott containeing two Acres, one close of land arable & pasture, conteineing one Acre, one close of land arable called Greenclose conteining twoe Acres, & one close of Medow called the Moore conteineing foure Acres & a halfe, one close of Medow called South meade conteineing three yards, & one close of land arable & pasture called Redcrosse conteineing six Acres wth thappurtenances, to have & to hould the tenement aforesaid, wth all & every theire appurtenances to the said Nicholas Hallet John Sibly & Wm Sibly for tearme of theire lives, & the life of every of them longest liveing successively according to the Custome of the said Manor, under the yearly rent of thirty & five shil- lings: Now know yee, that the said John Sibly for & in consideration of the summe of threescore pounds of lawfull money of England to him in hand payd & secured to be payd to the said Nicholas Hallet, hath constituted made & ordained, & by these pntes he the said John Sibly doth con- stitute make & ordeine & in his place put John Browne William Way & John Hearne all of them tenants of the said Manor of Bradpole his true & lawfull Atturneyes joyntly & severally for him the said John Sibly & in his name to sur- render into the hand of the said Lord or Lords of the said Manor or the Steward of the said Manor for the time being, the said tenement wth the appurtenances, & all the said closes wth the appurtenances & all the estate right title & interest of him the said
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