USA > Massachusetts > Suffolk County > Boston > Volume relating to the early history of Boston, containing the Aspinwall notarial records from 1644 to 1651 > Part 19
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The Condicon of this obligacon is such that whereas the above bounden Thomas Boylson hath the day of the date of these pnts made & signed unto three Bills of Exchange for the payment uppon any one of them the full summe of twenty & fyve pounds sterl to Wm Phillips of London Shoo- maker or his Assignes by Mr Tho: Boylson Clothworker dwelling at the signe of the golde balle in ffenchurch streete London to whom the said Bills are directed wthin the space of twenty dayes next after any of them are prsented to the sd Tho: Boylson Clothworker, as by the sd Bills doth more fully appeare, If therefore the sd Thomas Boylson Cloth- worker his Execut Administr or Assignes or any of them do pay or cause to be pd unto the sd Wm Phillips of London shoomaker or his Assignes the sd summe of twenty & fyve pounds sterl wthin the space of twenty dayes next after any of the sd Bills of Exchang shalbe presented as aforesaid,
200
ASPINWALL NOTARIAL RECORDS.
Then this obligacon to be voyd & of none effect or els to stand remaine & be in full force strength & vertue.
Sealed & dd in the
Thomas Boylson & a seale.
presence of John Dane James Lake
Georg Manning.
10 (12) 1648. Wm Phillips of Boston vintur constituted Wm Phillips of Bedlam Shoomaker his true & lawfull Att": to aske &c: of Thomas Boylson late of Watertown in N E: or any other all sume &c: due unto the sd Wm Phillips by bill bond or otherwise & of the receipt to give acquittance &c: also to compound &c: & to appeare before all Lords &c in any Court, there to require lawe &c: to doe, say sue &c: & generall to doe all things &c: wth power to substitute one Attrr &c: ratifying &c:
12 (12) 1648. This Covenant bindeth me John Thomp- son unto Edward Bullocke to pay or cause to be pd after the rate of three pounds p month from the day & date hereof unto the 1 day of October next, & to pay his dyet, And likewise I Covenant that in case Sampson Lane doth not at or before the sd time entertaine him to his content that then the sd Bullock shalbe justly pd all such summes of money as shalbe due to him, from mee & the sd Bullock to be free for his owne
[Page 182.]
account. But if the aforesd Mr Lane shall build a shipp & he to pceed in the sd shipp, then the sd Bullocke is to attend his best service & helpe therein, likewise if Mr Benjamin Gellom doe buy a new ship at the south ward & shall re- quire the service of the sd Bullocke, to pceed as Master then the sd Bullock is not to refuse, Likewise I engage my selfe to the foresaid Edward Bullock that if the aforesd Lane & Gillom shall not pforme any of the aforesd Covenant, that then I John Thompson doe pmise to give unto Edward Bullock fyve pounds toward his expences. & for the true pformance hereof I have here sett my hand this 5th of July 1648.
Isles of Shoales.
John Thompson.
witnes to this John Kelly.
14 (12) 1648: Md that wee Capt ffrancis Champnoone & John Mills & James Lake merchts doe acknowledge to
201
ASPINWALL NOTARIAL RECORDS.
have received of Mr Henry Sandis of Boston in N: England mercht the summe of two hundd & ten pounds & nine shil- lings wch is sixty pounds & nine shillinge more than by charter ptie hee is bound to disburse for his pt uppon the ship Jane of Pascatags in New England for this prsent voyage to ould England, & therefore wee doe hereby bind orselvs heires Execut & Administrators or either of us or them to make full satisfaction to him the sd Henry Sandis his heires or assignes at the arrivall of the sd shipp in Engl. this prsent voyadge or to ensure it to him in case the shipp should miscarry. witnes or hands this 13th of ffeb: 1648.
witnes here to is
ffrancis Champnoone
Samuel Maverick
James Lake. John Mills.
George Parkhurst.
14. (12) 1648: I attested a Copie of Mr Gainers Charter partie.
17 (12) 1648. Mr John Mills & loveing friend I doe by these presents constitute ordeine & make you my true & lawfull Atturney to sue arrest imprison & impleade the bodie or goods of Robert Skinner for the summe of fourteene pounds wch I disbursed for him pt in cloathes & the rest in ten pounds pd for him to Mr Paule White wch was uppon con- sideration of a yeares service wch he was to pforme in the ship Jane, & to psecute the law to the utmost against him not only for the said Debt but also for all damages in run- ning away from the said shipp. Witness my hand & seale this
[Page 183.]
fourteenth day of ffebruary. 1648 Signed sealed & dd in
ffrancis Champernoone & a seale
pnce of
Henry Walton John Dane.
17 (12) 1648. I hope I shall not be put to the charge of the suite considering this tender; & my pfer to acknowledge a judgmt for the fyve hundd pounds & such Damages as the bench of Magistrats should order wch pfer was before the magistrats.
Wm Tynge.
This hath relation to the Answer p. 110. & was indorsed uppon his answer tendred in the Court.
17 (1) 1648. Know all men by these prsents that I John Shawe of Boston in New England Butcher do remise
202
ASPINWALL NOTARIAL RECORDS.
release & for ever quite claime unto Robt nash of Boston aforesaid Butcher all & all maner of actions debts duties accounts suittes & demands whatsoever wch I now have or hereafter may have against the said Robt Nash his heires Executors Administrat or assignes or any of them, for any matter or thing from the begining of the world untill the day of the date hereof. In witnes whereof I have hereunto sett my hand the 7 (1) 1648.
witnes hereunto John ffoulsham Thomas Joy.
John Shawe.
Barth. Barlow.
22. (1) 1648. I attested a Copie of an Account betweene Mr Greenleafe & Henry Sandis of 18li
27 (1) 1649. This witnesseth that I whose name is underwritten for & in consideration of one hundd. pounds received in English goods in Boston doe pmise to deliver aboard some vessell that the said John Woody may send in March next, three hundred bushells of wheate & as much pease as make upp the full summe above mentioned, wheate at foure shillings, pease at three & foure pence, but if wheate be fyve shillings at Boston then the said John is to give foure shillings three pence p bushell, & if pease be foure shillings at that time when this corne is due, then to have it at three shillings & sixe pence. the corne to be good & merchantable. witnes my hand 24th of Septemb. 1648 witnes hereunto Ri: Ludlowe John Coggan.
[Page 184.]
31. (1) 1649. Bee it knowne by these pntes that I Wm Tilly of Boston doe hereby make & ordeine my welbeloved frend Hugh Gullison of Boston my true & lawfull Atturney for mee & in my name to implead & arrest & psecute & re- cover of Wm Phillips of Boston & his wife or either or both of them or any pson or psons that hath or shall hereafter de- fame or slander my welbeloved wife Alice Tilly in respect of her calling or otherwise, hereby inabling my said Atturney to make & ordeine one or more atturneyes under him to pleade the case of my said wife in any lawfull Court wthin this jurisdiction, & also to compound or agree & release at his pleasure any pson or psons so impleaded & whatsoever my said Atturney shall doe herein I do ratify & confirme as if I were psonally present, & also in case my said Atturney shall at any time be wanting or disabled to prosecute the
203
ASPINWALL NOTARIAL RECORDS.
said parties, then I doe also hereby authorise my frend John Sherman to psecute the said parties & shall have the same power that my first named Atturney hath hereby. Witnes my hand & seale this 17th day of the 9th month 1648
Witnes us. John Collins William Tilly.
William Shattock.
4 (2) 1648, Bee it knowne by these prsents that I Robert ffen of New Haven mariner by vertue of a tre of At- turney made to mee by Walter Merry of Boston have de- manded & received of Richard Chadwell three pounds ten shillings by a barrell of Beefe for the Account of the said Walter Merry & doe hereby acquit & release the said Ri :: Chadwell from all accounts & debts due to the said Walter Merry to this present day. In witness whereof I have here- unto sett my hand this 22th day of December: 1648. the abovesaid summe being allowed the sd Walter by an award given by John Evance & Joshua Atwater chosen arbitrates in the sª busines.
Robert ffen Richard Johnsons marke. Tho. Lambe. Joshua Griffiths.
[Page 185.]
7 (2) 1649 Whereas I Nicholas Shapley of Pascataqs Merct am now by Gods pmission bound for England, know all men therefore by these presents that I the sd Nicholas Shapley doe hereby in my absence depute & ordeine my loveing Kinsman John Treworgy mercht my Deputy & law- full Atturney in my place & steed to manage all my affaires in New England of what kind or nature whatsoever, & what soever my said Deputy & Atturney shall lawfully doe or cause to be done in or about my affaires I doe hereby ratifye & confirme in as ample manner to all intents & pur- poses as if I were psonally present, witness my hand & seale the 6th of November 1644.
Sealed & dd in the presence of Roger Gard Edward Godfrey.
Nich: Shapleigh [L S]
vera copia ita testatur Sigilla provinc. p me Edw. Godfrey, secret
16 (2) 49. I attested a bill of 8li due from Ri: fellowes to Nathaniel Wms and by Ns was assigned to Capt. John Leveret.
204
ASPINWALL NOTARIAL RECORDS.
22 (2) 1649. To all Christian people to whom these presents shall come to bee seene read heard or understood, I John Langley Esqr major & chiefe officer of the Antient towne of Colchester in the County of Essex in the famous Kingdome of greate Brittaine for or most gracious Sover- eigne Lord King Charls, doe by these pnts certify, that on the one & twentieth day of Aprill in the yeare of or Lord & Saviour Jesus Christ one thousand six hundred fourty & seaven, before mee did appeare Anthonie Whiteing of little Bently in the sª County of Essex Clerk & uppon his oath did affirme & say that John Loveron late of Ardley in the Countie of Essex aforesaid Yeoman (& who since dyed in New England) in consideration of the marriage had & sol- elmized betweene the said John Loveron & Anne late his wife (and now the wife of Edmund Browne of New England ) did pmise that what lands he the said John Loveron should purchase after the sd marriage between them solemnized, should be for the use of the sª Anne dureing her naturall life: And after the sd marriage solemnized, the sd John Loveron did purchase in Langham in the said County of Essex a tenement wth some lands & the appurtenances to the value of ten pounds p annum, wch tenement & lands afterwards & before the sd John Loveron went into New England he sould to him the sd Anthony Whiteing for one hundred & twenty pounds. And the said Anne uppon the sale of the same did give and yield up her interest therein and the said John Loveron in consideration thereof did pmise & say to the said Anne, that all his estate (except his lands in Ardley aforesaid) should be hirs. In witness whereof I the said
[Page 186.]
John Langley have hereunto sett the seale of the towne of Colchester comonly & ordinarily used in such business & affaires.
John Langley Major & the towne seale.
24 (2) 1649. This note binds mee mr wm Berkeley of Barmudas to Deliver to James Oliver or his Assignes the full summe of thirty two shillings wch wilbe eight pieces of eight & this I pmise to pay to the Assignes of the above sª James Oliver or his Assignes witnes my hand this 23 (5) 1648
William Barkeley.
205
ASPINWALL NOTARIAL RECORDS.
Mr George Ludlow of Virginia Mercht is Debtor unto Mr Alexander Shapley of Dartmouth Mercht 230li for his 3 of the freight due on the Susan on the New found land 2301:00:00: voyage.
Unto him $31! 6s. 8.ª for his 3 of 1001i drawne on him from the Newfoundland towards her lodeing
33:06:08:
Unto him 33$ 4d for his 3 of passage money recd by Mr Ludlow in Virginia 01:13:04:
Unto him 21! 10% for his 1 of 711 10s for freight of 5 hogsheads of Tobacco Mr Lud- low recd in Virginia
02:10:00:
Unto him 7s. 6ª. for his } of pilotage 00:07:06
267:17:06:
Unto him 10072li of Tobacco wch is for Mr Shapley his } of the pduct of the fish recd out of the Susan, as by the Account of Sales former sent Mr Shapley appeareth -- 7
100 72li of Tobacco.
Omitted 1 of twoe firkins of butter bought in Newfoundland, part of the
Cargason, wch rest 3li ster. wch Mr
Eliot kept for the shipps pvisions
for Mr Ludlowes - part is . 01:00:00:
So the net Ballance is . 48:10:04
49.10:04.
Mr Georg Ludlow p Cont is Creditr By Mr Alex- ander Shapley 851i & is for } of 25511 freight made on the Susan as by his Acco. sent in unto Mr Ludlow appeareth 85:00:00:
By him 61 138 8ª for 1 of 201 1s he reed of passengers for their passages, as by the Acco of freight,
06:13:08:
By 8511 pd by Mr Samuel Lang ish in Lond. as by his tre of advise & Acco. dated the 20th of 9ber 1639. appers
By him 10li for his 1 of the pduce of strong waters .
85:00:00
10:00:00
By him 51$ 8ª to rebate for his 1 of pilotage 02:11:08
By him 10li for his ¿ of 1 freight over charged .
10:00:00
206
ASPINWALL NOTARIAL RECORDS.
By him 558 for 1 of 831 of Tobac: John Tre- worthy Recd at the Newfound land 02:15 0:
By him 161 68 10ª sent for 4 of the Rebates on the 230" p Cont: for putting into Ireland 16:06:10
By ballance 491 10: 4ª restdue from Mr Lud- 49:10:04 lowe to ballance this Account,
267:17:06
By ball. of the tob: acco. p Cont 10072 1 rest due from Mr Ludlow to ball. 10072" of Toboceo. that Account
Drawne up the 18th of March 1647 by mee Thomas Bushrode.
[Page 187.]
Bee it knowne by these prsents that on the 19th day of the 2d month called Aprill in the yeare of our Lord 1649. according to the Acc. of England, before mee Wm Aspin- wall Not & Tabell: publ by Authority of the Generall Court of the Massachusetts admitted & sworne psonally appeared Mr Henry Stephens of Southampton mercht of the Ship called the St Mary of Hamborough whereof Henry Katt is Master, & did ptest against the sd Henry Katt for the leakines & insufficiencie of his sd Shipp, & for all damages wch he doth or may susteine thereby since his voyadg from Cadiz, in the Kingdome of Spaine unto New England, for all wch the sd Henry Katt shalbe responsall & liable to make him just & due repairations in time & place conveneint, & in testimonie hereo[f] the said Henry Stephens hath here- unto sett his hand in presence of mee the said Notary: wth all ordering me by Notary aforesaid to publish this said protest unto the said Henry Katt wch accordingly was done. Quod virtute officij &c: Henry Stephens.
Bee it knowne by these p'sents, that on the third day of . the third month commonly called May in the yeare of or Lord 1649 according to the Account of England, at the request of Henry Stevens of Southampton in Hampshire Mercht of the Shipp called the St Mary of Hamborough whereof Henry Katt is master, I Wm Aspinwall Not & Tabellion publick by Authorite of the Gener" Court of the Massachusetts admitted & sworne did repaire uno the said Henry Katt, & in the name of the sd Hen Stephens I did
207
ASPINWALL NOTARIAL RECORDS.
protest & by these prsents do ptest against the said Henry Katt Mr of the ship aforesd, for all Damages wch the sd mercht already hath or hereafter shall sustaine since the time that he halled up his shipp to wash or trim unto the day shee shall take in her ladeing sett saile from hence & pceed in her voyadge according to Charter partie drawne betwixt them: the sd Henry Stephens pfessing he hath no occasion to stay the sd shipp from pceeding in her voyage. This protest thus made, was published & reade by mee the Notary aforesaid unto the Master, Henry Katt aforesaid the day & yeare above written. Quod virtute &c:
Uppon the fourth day of the third month comonly called May in the yeare of or Lord one thousand six hundred fourty & nine according to the Acc. of England, I Wm Aspinwall Notary & Tabellion publick by Authoritie of the Generall Court of the Massa: admitted & sworne, at the re- quest of Henry Stephens mercht of the shipp called the St Mary of Hamborough, wth him did goe unto Henry Katt master of the sª Ship, & in the name of the said Merch did demand of the said master Henry Katt that he would sett saile wth the first faire wind & wether for the harbour of Pascatags in New England there to take in such freight as the said Mercht had provided & so to sett saile for such port in Spaine as the sd Mercht should appoint. Whereunto the said Henry Katt made a Dilatory answer, that he would follow his Charter partie & he would do no more, wch was all the answer I could understand from him. Where uppon at the request of the sd mercht, I the sd Notary did ptest & by these prsents do protest against the sd Henry Katt for all damages wch the said mercht doth or shall susteine through his default, whether by hyre of another ship to pforme the
[Page 188.]
voyage or otherwise: that the sd Henry Katt shalbe respon- sall in time and place convenient. In witnes that this pro- test was thus made as aforesad, I the Notary aforesaid Doe hereunto attest by vertue of mine office.
As I was writeing this protest the sd Henry Katt presented mee a writeing signed Hijndrich Catt: thus expressed in . English.
I Henry Catt master of the good shipp called the St Mary, do give for answr to Henry Stevens mercht of the said shipp, that I am ready to pforme all conditions on my part men- tioned in or Charter party, & am ready to goe to Pastcataqs, provided the said Henry can make it appeare that I am
208
ASPINWALL NOTARIAL RECORDS.
bound thereto by Charter partie: pvided that the sd Henry Stephens pay mee forthwth such moneyes as I stand in need of to trimme & victuall my sd shipp for the more speedy pformance of the voyage in hand, wch by Charter partie the foresaid mercht is to doe. My demand being three score pounds in money wch I shall allow in part of my freight witnes my hand this 4th day of may. 1649. Quod attestor vt suprā.
Massachusetts in New England in America.
At a Court of Assistants holden at Bos- ton the sixth day of the fourth month called June in the yeare of or Lord 1648 according to the Account of England.
The Companie of the Seaman belonging to the Shipp Planter of London, being therein the harbour at Boston aforesaid, brought an action as well against Robert Risbie Master of the sd Ship, & Thomas Gainer Mercht of the same, as against the shipp itselfe, for wages due to them for theire service done in the sd shipp, for divers months then past: wch being matter of Account the Court appointed Auditors, vizt, Mr Duncan Auditor Generall, Mr Allen & Mr Addington to examine the Ships accounts &c., & to cer- tifie the Court.
The returne accordingly was made as followeth, vizt, that there was due to the sd Master Robert Risbie one hundred & eight pounds; To Mr Robert ffen one of his mates ninety one pounds: To Joshua Maid another of his mates fourty two pounds eight shillings: To Richard Holt Boatswaine fourty six pounds eight shillings: To John Carman Gunner fifty two pounds seven shillings: To Leonard Sergeant Chirurgeon fifty foure pounds & to the rest of the seamen according to theire severall pportions, amounting in all to seven hundred & eight pounds seven shillings & a penny. Wch being given in evidence to the Jury, they found for the plaintiffs theire severall & respective wages, & costs of Court, & Judgment was entred accordingly, & Execution granted against the said Risbie & Gainer & the said
[Page 189.]
Shipp Planter. But because the said Risbie & Gainer had no visible estate in this jurisdiction wch might answer the Judgment, the Execution was laid uppon the said Shipp, ich by apprizall of three able & indifferent men, chosen ac- cording to lawe, was valued at seven hundred & thirty six pounds fourteene shillings, & at that rate shee was publikly offred to sale by the space of fourteene days or thereabouts
209
ASPINWALL NOTARIAL RECORDS.
But none appearing to by her at that price, a motion was -made by the sd Shipps Companie at the Court held at Boston the 27th of the fifth month called July 1648. that the said ship might be putt uppon a new apprizall or delivered to the sd plaintiefs in satisfaction of theire wages; wch was ordered accordingly; & being apprized by able & indifferent men the first of the sixth month called August 1648 at six hundred pounds, was sould by the Under marshall to Major Edward Gibons for fyve hundred & fifty pounds, because no man would give so much, supposeing her to be over valued. Where uppon by Authority of this Court the sd sale of the sª Ship Planter is allowed & ratifyed to be good & effectuall in Lawe, to the said major Gibons & his Assignes, & to his & theire pper use & behoofe, & the sd fyve hundred & fifty pounds the pceed thereof, to be distributed to the sd shipps companie, according to theire severall ppor- I attested tions, every of them giveing a receipt & a Copie hereof for acquittance for the same according to Lawe. In testimonie of the truth whereof I John Mr Gainer winthrop Gov. of the Colonie aforesaid have 10 (3) 1649. hereunto sett my hand this 2. of the 11th month called January 16.48.
John winthrop Governor.
108. 0. 0
Robert Resby against Tho: Gainer is granted one hundred & eight pounds. Robert
91. 0. 0 ffen is granted ninety one pounds.
Joshua maide is granted fourty twoe pounds
42. 8. 0 eight shillings.
Rich Holt is granted fourty six pounds eight shillings.
John Carman is granted fifty two pounds 52. 7. 8 seven shillings eight pence.
John Barre is granted eighteen pounds 18.18. 0 eighteen shillings.
Wm Joyce is granted thirty one pound seven
31. 7. 10 shillings ten pence. Wm Croucher is granted seventeene pounds 17. 2. 0 two shillings.
28.16. 0
Tho: ffoster is granted twenty eight pounds sixteene shillings.
27. 0. 0 John Perry is granted twenty seven pounds Wm King is granted nineteene pounds six-
19.16. 0 teene shillings.
Leonard Sergeant is granted fifty foure 54. 0. 0 pounds.
210
ASPINWALL NOTARIAL RECORDS.
Abraham Knight is granted nienteene
19. 16. 0 pounds sixteene shillings.
John Sparke is granted fourty two pounds
42. 5. 0 fyve shillings.
Wm Berry is granted twenty two pound 22.15. 0 fifteene shillings.
Richard Haselwood is granted thirty one 31. 3. 9 pound three shillings nine pence & ten shil- 00. 10 . 0 lings to be added to the whole.
653.13. 3
[Page 190.]
To the Marshall or his Deput :
By vertue hereof you are required to levy of the goods & chattles of Mr Robt Risby, Mr Thomas Gainer, & the shipp planter to the value of six hundred fifty three pound thir- teene shillings & three pence wth 28 for the execution to satisfy each pticular as above for a verdict & Judgment granted to the quarter Court held at Boston the 6th present, hereof not to faile. Dated the 12th of the 4th month 1848.
By the quart" Court Increase Nowell secret.
Richard Burges granted twenty one pounds. Georg Smith granted twenty one pounds twelve shillings. Raph Cox granted twelve pounds twelve shillings. By the Court Increase Nowell secret.
[Page 191.]
10 (3) 1649. Bee it knowne &c: that on the tenth day of the 3d mo. 1649. I Wm Aspinwall Not &c: at the request of Tho. Severne, Rich: Turner, Tho. Crowdy & John Good- win ffreighters of the Shipp called the Mary of London, did wth them repaire unto John Dennis pt owner of the sd ship, & in theire names and behalfe did protest & by these prsents Doe pt against the sd John Denis for delay of time (these eight dayes) to fitt & furnish her out uppon her voyage to ffyall Maderas or else where & so to Virginia, & for all Damages wch they have or shall susteine by such neglect, contrary to an agreemt made by him beareing date the 16th of March 1648. ffor all wch the sd Jo: Dennis shalbe respon- sall, & lyable to make due reparation unto the sd ffreighters in time & place convenient. This prot being thus made unto the sd Jo: Dennis, he returned this Answer. That he had done his indevr to gett workmen, but they were not at prsent to be had : & that he had desired these ffreighters to seeke
211
ASPINWALL NOTARIAL RECORDS.
out for Carpenters, alledging that they also were to assist him herein.
Thus done & passed in the towne of Boston in N: Eng- land.
15 (3) 16.49 Whereas John Winthrop of Boston in the Massachusetts beareing date for satisfaction of his Creditors did give and grant unto Wm Tyng the then Treasurer for the Country Valentine Hill of Boston Mercht & divers other of his sd Creditors All that his mansion house in Boston wth the yards gardens & orchyards thereunto belong- ing: & all that his fferme called Tenhills in Charlstowne wth the lands &c: thereunto belonging (as by the sd deed doth more fully appeare) to the use of the sd valentine Hill & the rest of his sd Creditors & theire heires, for satisfaction of such summes of money as were due unto them: And whereas there is due unto the sd Valentine from the sd John Winthrop the summe of fyve hundred pounds wch is more then a third parte of all that is due to all the Creditors: In consideration hereof the rest of the sd Creditors whose names are hereunder written have agreed and consented that the sd Valentine shall have & enjoy the sd mansion house in Boston wth the Appurtenances at the rate it hath beene apprized by indifferent men vizt to him & his heires. & wee whose names are here under written doe for us & or heires release & confirme to the sd Valentine & his heires all or right title & interest in & to the sd man- sion house wth the Appurtenances. In testimony whereof we have hereunto subscribed or names. Dated (12) 6 1644,
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