USA > Massachusetts > Suffolk County > Boston > Volume relating to the early history of Boston, containing the Aspinwall notarial records from 1644 to 1651 > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42
The book itself, by an outside measurement, is 103 inches high, 8} inches wide, and 2g inches in thickness. The leather covers have three tooled lines near the edges and a diamond shaped ornament of gilt in the centre. Near the top in black are the letters "The Notaries first book Of Records." On the first page the autograph " Willm Aspinwall " occurs three times, twice followed by "Notr Publ." The paper has a watermark,2 and if the design becomes a subject of study, we may at some future time learn whence came the sheets on which Aspinwall kept his records.
Very truly yours, CHARLES KNOWLES BOLTON.
Edward Webster MMcGlenen, Esq.
1 If Tyley obtained it in 1731 from some carlier notary, it may have passed to Goldth- wait and from him to Price. Price's great uncle, Rev. Samuel Cheever, married Ruth Angier, and William Aspinwall's daughter Hannah married John Angier, but these facts throw no light on the history of the book.
2 The watermark, which is armorial, may be thus described: On a shield sur. mounted by a crown, quarterly Ist and 4th, three antiqne crowns, 2 and 1; 2d and 3d, a lion rampant ; and over all an eseutcheon charged with what appears to be a quiver.
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ASPINWALL NOTARIAL RECORDS.
[ Page 1.] 1644.
A Table of such Acts or Writeinges as have beene Attested by me William Aspinwall Notarie & Tabellion pub: under my hand.
20. (10) A letter of Atturney from Nathaniel Spar- hawke to Thomas Adams Alderman of London to recover a debt of 16 ! 2$ 10 d of M' Owen Roe for clothes, dyet, bookes & other necessaries unto his sonne.
23. (10) A tre of Atturney to Malachie Browne to re- ceive an annuity of 811 a year to be payd by the Comittee for Chelmsford.
23. (10) A tre atturn. frö Hugh Gunison to to receive twenty pound of M' John Bewford.
23. (10) A tre Atturney from John Hurd to Samuel Oliver to receive 408 of Mr John Beauford. also I attested two Copies of M' Beaufords Bills to each of them
23. (10) ffrom M' John Gore of Roxbury a tre of At- turney to Joseph Browne of Southhampton Malster to prove the will of John Gores ffath & to execute for him.
1645.
27. (1) To a tre of Atturney from Robert Nichols of watertowne to Rufus Barton to recover a debt of George Roome of Roade Iland.
7. (3) A Copie of Robert Moones Account wth Wm Gibones together with a tre of Atturney to Joseph Howe by Robert Moone.
(3) A tre Atturney from MY Tho: ffowle to Isaac Aller- ton to Account with peter Johnson & him to sue &c for the value of 200 1b
14. (3) A Copie of a bill from Tho : purchase to Val : Hill for & of the Blessing wch Bill was dated 29º (80) 16.44
6
ASPINWALL NOTARIAL RECORDS.
20. (3) my hand to a deed of sale of parcel of land from Valent: Hill: to Sam. Cole. Also to a decd of sale from Sam. Cole to George Halsall of house & garden. Also to a deed of sale of house & garden from Valentine Hill to Willm Davies Apothecary.
26. (3) A Copie of an Acct betweene John Manning & Nicholas Treroise amountinge to 128 ! 6: 11 d Dated 28 Aprill. 1645. Sworne the 26° (3º) 1645 before the Dept Governor :
29. (3) A Copie of the protest of John ffish & Jona- than flishes Bill of exchang of 20 1b charged uppon theire ffather but returned ptested under the hand of John Marius Notary Pubb the 17th of May 1643.
31. (3) A tre Atturney from Tho : ffowle of Boston to Henry Abley of Bristoll in England to take accounts of Phillip Gibbs of Biddiford or Northam in Devon : or An- thony Swimmer of Bristoll for 841b Bever & to give acquit- tance.
12. (4) A protest made by Mr Tho: Graves against the Damadges that might be pretended in the voyage by reason of a Sore storme in the Downes: & this protest was made this 12º (4º) before the breaking of the Bulke wych storme happened the 11º of March 1644
1. (5) A Copie of John Sparks Affidavit touching the Dartmouth busines: as also another Affidavit of Edward Evans touching the same & a Copie of the account of the Saylors Wages. Evans was sworne 11-(11) 1644 Sparks 13 (11) 1644.
5. (5) A Certificate of the measure of 3 peeces linnen cloth No. 14 P 78} ells (English) : Nº 15 M 71 ells Engh: Nº. 15 D 78 Elles English
witnes Robert Scott &
23. (6) A Copie of Willm Browne of Salems Affidavit touching my : Lor. Brookes Sayes & S! Richard Saltonstall's fishing busines, the valew of 1 part 371. that this was committed to M' Ballard & had no relation at all to the vessel whereof Mr White was mt:
23. (6) A tre Atturney from John Hodges to Vincent Rainer to take Account of Mr Anthonie Joyner of Bermudas for goods comitted to him ;
7
ASPINWALL NOTARIAL RECORDS.
[ Page 2.]
1645.
27. (6) A letter of Atturney from Thomas James of Salem to Thomas Burges of Charlstowne to recover a debt of 5" of ffrancis Spicer of Eckton in Northamptonshire : & to make sale of pcell of land in Earles Barton in the said County & in the hyde called Boone Hyde being a quarter of a yard according to the Use of that Country.
1. (7) A tre of Credit to Vincent Rener from Edward Gibones Robt Keayne, Valentine Hill, & Edward Tyng for the value of foure hundred pounds or thereabouts, binding them selvs heires execut administrators & assignes to make good his Bills under his hand sent.
3. (7) To tre of Atturney to to recover a debt in Spaine of 100" due by John painter.
2. (7) A protest made in the behalf of John Taylor of Lond. merch against the shipp called the Endevo! of Boston at the request of ffrancis willoughbie, for that the shipp was not readie to set saile according to Charte partie wthin thirty days after her arrivall at Boston wch was the 22 (5) last past. Also a Copie of the same under mine hand.
6. (7) An answer to the sd protest by John Bourne as followeth, that the shipp might have beene readie : and that in those dayes limited by Charter partie divers dayes were neglected wherein the said ffrancis willoughbie brought no goods abord : & after the dayes were fully expired, yet all all the goods weh the said John Bourne by Chart" party was to take in, were not all laded aboard but the said ffrancis laded goods abaord the said shipp after the expiration of the dayes appointed as part of his Carga zoone. Neither did these protesto" tender his bills of lading wthin the dayes limited by Charter partie, whereby the said John Bourne might have his discharge. Moreover the said ffrancis did not protest while about eight dayes after the limited terme expired, thereby to advance him selfe in put- ting these goods abord wch' he shipped after the dayes were out. The next day after the said ffrancis had protested : the ship Endevor set saile for Nantasket, where the usuall place is for cutting wood & filling water. The next day after being a publ day of Thanksgiveing appointed by the Country to be kept, he the said John Bourne could not dis- patch that busines : But when the forty eight houres after- wards was expired (wch is the usuall time granted for filling
8
ASPINWALL NOTARIAL RECORDS.
water & cutting woode) the ship was ready to set saile, but God crossed them by contrary winds. The said John Bourne waiteinge every opportunity for the merchts advantage.
[ Page 3.]
8. (7) A Coppie of Edward Evans Oath & John Sparks Oath & a Note of the wages due to the Master & Companie for seven Months in the shipp Gilbert as also of those that served but part of that time.
5. (7) A protest against Robt Sedgwick by Thomas ffowle for non payment of a bill of Exchange from Robert Houghton & under written by the said Robt Sedgwicke, whose answer being demanded, was; that Thomas ffowle owed him 60" by bill wch he would discount, & the rest he would pay in merchantable fish to content. Thomas ffowles reply was that if any such were due it was to be paid in Corne & cattle & he was readie to satisfy it accordingly ; & therefore did ptest for Non payment of the said Bill in presence of Richard Bartholomew.
12. (7) John Bournes protest against ffrancis Wil- loughby see afterwards in the 10th month.
13. (7) M' Thomas ffowle of Boston in N. E: bound in 300" to Hugh Browne of Bristoll mercht to pay 1721 in mereht ffish at Current price to Rich: Russell of Charles- towne to be paid at marble head the 3 of June next fol- lowing.
15. (7) An Attest unto a Copie of a mutuall deed of William Ridige and Garret Trout whereby they bequeath cach to other in case of death theire pillage & share either prsently due or after to be due unto either of them & this was by a deed dated 28 July 1644, & witnessed uppon oath by Wm Hargrave before m' John winthrop D: Gov: & M' Wm Hibbins.
15. (7) Also an Attest unto the testimonie of Capt ffrancis Rawsterne Capt of the Content, who testifyeth that Wm Ridge souldier to Capt W" Jackson Dyed the 25° of October 1643. & that he was mate unto Garret Trout.
16. (7) Granted a Copie of John Bournes Answer unto ffrancis willoughbie.
20. (7) Capt ffrancis Rawsterne made a tre of Atturney to Ensigne John Dixon to ask leave &e : all debts or sumes of
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ASPINWALL NOTARIAL RECORDS.
money due to the said ffr: Rawsterne from any.pson whomso- ever and this was done in presence of
[Page 4.]
8. (8) John Wall of Reddriff in ye county of Surr. Mar- riner in his owne name & John Oldfield of Lo: mch protested agt Mr Stephen winthrop Agent for Roger Kilvert Ed. Parks & david davison for Dimorrage this day being the fourtie sixth day since the Arrivall of the said ship Dolphin in this harbour.
(8) John Wall of Reddriff Attorney to Roger Kilvert 8 & David davison did protest against Mr Stephen winthrop Edward Gibons & Thomas ffowle of Boston for Non-Comply- ance wth theire Creditors Roger Kilvert & David Davison & the damage they may susteine thereby for theire severall pportions vizt Roger Kilvert ? & David Davison 4.
9. (8) Mr Stephen winthrop protested (by me Pubb Notarie) against Edward Gibones for Non-Complyance wth Roger Kilvert, Ed: Parks & David Davison according to con- tract made with them by comission fro himselfe & Tho. ffowle. Also I did in the name of the said Stephen win- throp protest against Thomas ffowle at his house for all Damages that might accrew by Reason of his non complyance tyht the merchts aforesaid according to comission granted by himself & Edw. Gibones to Stephen winthrop aforesaid. Whereunto the said ffowle replyed that Stephen Winthrop neither pceeded according to his Order, & if he did (wch is not granted) yet the said Stephen winthropp did release him be- fore witness, as he said.
9. (8) At the request & in the name of Mr Steph. Winthrop of Bost: I the Pub: Not. Protested against Valentine Hill mecht in the heareing of Philemon Por- mort his servt for not Delivery of two thousand bush119 wheate, & two hundred & fifty bush's pease & fyve hundred Kintalls ffish according to contract, & therefore should be answerable for the damages Stephen Winthrop shall susteine thereby.
9. (8) At the request of Thomas ffowle I Willm Aspin- wall protested against John Wall of Redriffe in the County of Surrey mariner Master of the Dolphin of London for illegall ptesting against him the said Tho: ffowle in regard Mr Steph. Winthrop had not observed his Comission & also had released the said Thomas ffowle. This was done in presence of Rich: ffairbanke, Thomas Bell.
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ASPINWALL NOTARIAL RECORDS.
[Page 5.]
8. (S) At the request of Tho: ffowle, Wm Aspinwall Notary protested against Stephen Winthrop for protesting against the said Thomas ffowle, whereas he the said Stephen had not observed his commission & also had since released the said Thomas ffowle & this was done in presence of Rich- ard ffairebanks & Thomas Bell.
22. (8) I Wm Aspinwall Notary attested a Copie of a Deed or Conveyance of Mr Richard Vines unto Robt Child wherein he granted by an absolute deed of sale his patent of that land (Dated 12º ffeb. 1629) together with the Land & all the Rights, privileges, titles, tenements, Rents interests, & all & singular pertinences thereto belonging.
22. (8) Major Edward Gibones & Richard Russell have- ing received power from the Owners of the ship Gilbert. in- habiting at Dover to demand the said shipp seized at Boston (by the Court) as a malignant shipp, with proviso, that shee should be restored if the owners wthin 13 months after did cleere it that shee did not belong to any psons or place at enmity against the K. & Parliament at the time of the seisure, wch they say they have duly pformed under the hand and seale of the Major of Dover; & therefore the ship being denyed them, they professe themselves against the Court so farr as they conceive the said Order is not fulfilled toward them. and the Cause being transmitted hence they professe theire dislike & protest they shall waite for further remedy to recover of the Court the said shipp with all just damages that hath befallen them by theire denyall of the said shipp. Whereto the Court gave this Answer (after I had with their leave made the same) That the testimony given did not sat- isfy the Court & therefore they referred the Cause to the High Court of Admiralty in England .-
18. (9) Richard Betscomb of Hingham Haberdasher acknowledged before mee the Notary publ the receipt of sixe pounds for the use of Leonell Browne of Bredport in Dorset- shire woollen Draper & impoured him selfe to poure a release from him.
18. (9) A tre of atturney by Samuel Howse of Barn- staple in the Massachusetts unto Hezekiah Usher of Boston to receive twenty pounds of the execut of Thomas given him by the last will of the said Thomas with full power to give acquittances, & to pesecute law uppon refusall. Sealed & Delivered in presence of
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ASPINWALL NOTARIAL RECORDS.
[Page 6.]
20. (9) A tre of Atturney from Edw : Preston to Hugh williams of Boston ffeltmaker to demand & receive all debts duties gifts & legacies of & from all manner of pson or psons whatsoever within the realme of England, wth power to psecute & also to substitute one Atturney or more under him. Signed & Delivered in presence of John Tailor.
21. (9) Capt Peter Strong of Limehouse in the County of Middlesex marriner did bind himself in 1201 for the pay- ment of sixty pounds unto Rich: Russell of Charlestowne in the Massachusetts mercht to pay the said sume to him or his . Assignes wthin 20. dayes after the Arrivall of the ship Peter of London at London, that is to say from hence to Canaries, thence to Barbados & thence to London perill of sea ex- cepted. witnes Adam winthrop &
25. (9) A.tre Atturney from William Haynes to Thomas Haynes Col mercht liveing at the white beare in Basin lane in London to receive a debt of 28" of Thomas Perkins of Dunstable in Bedfordshire chandlor, with power to substi- tute another Atturney. witnes, John Newton Thomas Liskume.
27. (9) A tre of Atturney generall from John Reade of Braintree & Sarah his wife the daughter of Will Lessie of Blyborough in Suffolke to Receive all debts duties gifts Legacie due to either of them from any pson or psons: who tre of Atturney was made to m' Wm Tyng of Boston Resi- dent in London wth power to substitute one Atturney or more wth like or limited power & pticulerly was expressed a gift given by William Lessie aforesaid to his Daughter Sarah. Witnesses Thomas Deighton & Thomas wilmot.
29. (9) A tre of Atturney from Henry Bridham & Elizabeth his wife the daughter of John Harding of Bore- ham in Essex yeoman deceased to ffrancis Lyle of Boston in .New England Chirurgeon for fifty sixe pounds part of a Legacie given the said Elizabeth by the said John Hardinge deceased. witness Robert Harding Thomas Buttolph.
3. (10) A Copie of Major Gibones tre Mr ffloyd & love- ing sir. I am bould to trouble you wth these few lines : being ingaged some moneys to ME ffogg: he standing ingaged to yo selfe : who is very desirous to make yo" returnes : Now Bever being out of my hands : & hard for him to poure at this time, therefore I thought meete to tender you a sixteenth part of the good shipp called the tryall of Boston with what
1
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ASPINWALL NOTARIAL RECORDS.
belongs to hers he is with you & in good imployment: a godly man hath the charge of her his name is Mr Thomas Graves : if you please to accept of this profer
[Page 7.]
1645.
what price shal be agreed uppon by M'. Graves & yo selfe shall content me : & he shall give you a bill of Sale: & in part of payment I shall allow to you for Mr Raph Fogge thirty pounds: & the remainder you shall give to m' Thomas Graves In so doing I shalbe yor friend as God inables, in whose bosome I leave you & remaine by his fao"
Yors
Boston 29. (9) 1645 Edward Gibones
5. (10) 1645 A tre Atturney from Edward Poole of Waymouth Sawyer unto William Pardon to receive a Legacie given unto Sarah wife of the said Edward by the last will of Edmund Pinney of Broadway in Somersetshire & also another Legacie given to Sarah aforesaid by Elizabeth Standerwick of Broadway aforesaid.
8. (10) 1645 M' Willoughbyes answer to M' Bourne as followeth. Whereas Francis Willoughby made a ptest against John Bourne & the Owners of the shipp Indevor for not being ready to set sayle by dayes limited & whereas the said John Bourne made a protest against the said Francis Willoughby he not being ready, The said Willoughby as the grounds of his protest & in answer to the said Bournes pro- test saith as followeth That whereas the ship Indeavo". ought to have beene ready to take in goods by Charter party twelve dayes after her arrivall here, wch should have beene on the day of July, the said shipp was not Delivered of those goods she brought from England in that time : & when the said Willoughby uppon the same day sent goods aboard as by Charter party he was bound, the goods would not be taken in but were sent on shoare againe, to the damadge of Mr John Taylor the mercht, there being neither Mr nor Mrs mate nor any officer to cause them to be taken in. & at that time there not belonging to the said shipp sixe men ; & when & afterwards there was goods brought aboard, they were faine to lye at the shipp syde for want of men to take them in, & when taken in, they were faine to lye for men to stowe them, there not belonging to the shipp above ten or fourteene men at most: sometime the master professing to me he had not fyve men; so that besides the length of time in stoweing the
13
ASPINWALL NOTARIAL RECORDS.
goods, there was not a spare man to doe anything to her rigging till she was neere laden, so that the ground of the shipps not being laden in time limited was no fault of the said willoughbyes but for want of men according to Charter party : And whereas the said Bourne in his answer said, that the shipp set sail the next day after the Protest, the said willoughby, doth acknowledge the same: but the said wil- loughby saith the said Bourne did it on purpose thinking to save himselfe cleare : when that he had not all his Pvision on board of beere and bread and fish till the sixth of Septem- ber, and when it was done he lay till the nienth before he set saile, his Owners going downe either to feast or reckon and make over their Accounts on the eighth day. And whereas he saith, shipps use to have fourty eight houres to wood and water, the said willoughby saith, the shipp was laden com- pleatly before the said willoughby protested : And whereas he saith, the Bills of lading were not Psented till the Dayes were out, the said Willoughby could not take the bills till the shipp was laden, and the shipp was not laden till the dayes were out, but the ground was not in the said willoughby as the reasons above make it evident. This is the true answer which the said willoughby Psented to me in writeing with his owne hand the day and yeare above written. /
13. (10) M' Bourne had also a Copie of this Answer. [Page 8.]
10. (10) An account of the partable estate betweene Robert Saunders and Hezekiah Usher the sume whereof was (theire debts being discharged) one hundred thirty one pounds eighteene shillings, partable betwixt them; of which he gave oath before M' John winthrop D: Gov: 10 (10) 1645.
10. (10) A tre of Atturney fro Henry Bridgham of Boston and Elizabeth his wife (the daughter of John Hard- ing of Boreham in Essex yeoman deceased) to M' Wm Bren- ton of Aquednick in the Narrowganset for ffifteene pounds ten shillings part of a Legacie or gift of the said John Hard- ing with power generall. witness
11. (10) A bond of 1000" wherein Adam Winthrop & Benjamin gillom are bound to Emanuel Downeing Joshua ffoote Stephen Winthrop & Thomas Bell to prepare 100 Masts of white pine or spruise merchatable by the last of June next at Kennebunck or some other place as convenient for the ship rideing at Cape Porpus or some other place as
14
ASPINWALL NOTARIAL RECORDS.
safe for the ship & fitt for ladeing. The masts fro 16 to 36 inches Diameter & 12 or 14 foote from the stubb.
12. (7) At the request of John Bourne of Bemondsey Mr of the Indever of Cambridge, I W" Aspinwall Notary &c went unto the house of ffrancis willoughby of Charls- towne shipwright & inquired for him, the maide answered that he was not wthin, then did I in the presence of Ben- jamin Gillom & John Parker protest against the said ffrancis willoughby & his mercht, that they should be responsall unto the said John Bourne & the rest of the owners for De- murage from the two & twenty of August unto the second day of September for that the ship was not laded according to Charter party : & this I willed the Maide to signifie to her Master.
13. (10) A tre Atturney by virtue of a former tre At- turney made to him by Henry Bridgham dat 29 (9) from ffrancis Loyvell to Joseph Rudson in st mary axe for fifty sixe pounds part of a Legacie given by John Harding of Boreham in Essex Yeoman to Elizabeth his daughter. witnes
23. (10) A tre Atturney from Abraham Page of Boston Massachusetts Tailor to Rob Scott of Boston mer in gen- erall for all Legacies rents dues duties sume or sumes of money from any Pson or Psons whatsoever within the Realme of England, but wthout power to substitute another Atturney. witnes.
15. (10) A tre Atturney of Christopher Collins of Braintre shoomaker the husband of Jane Greepe (as by the register appeares) unto Wm Pardon of Waymouth labourer to receive certaine sumes of money due from Justinian Pearce of Plimouth in Devonshire mercht unto the said Jane. with- out power to substitute another atturney. Witnes John Rogers.
17 (10) A tre of Atturney from Thomas Mayhew & Jane his wife Guardians of Tho: Paine son of Tho: Paine late of London merch deceased to receive the rents & arrieradges due unto the sd Thomas Paine & to sue &: with power of substitution.
[Page 9.]
16. (10) A tre Atturney from John Rogers of Water- towne N E: clothier son of Thomas Rogers of Moulsham in the Parish of Chelmsford in Essex shoomaker deceased, unto Robert Scot of Boston in N E: mer for all debts duties
15
ASPINWALL NOTARIAL RECORDS.
gifts legacies by will gift, bill bond or otherwise, revoking all former power & granting Authority to his Att or his substitutes to take an Account of his former Atturneys & to give them a dischardge. witnes Robt Scott & Thomas Mahew.
17. (10) John ffogg hath chosen M' Richard Gibbs gent Refiner in ffoster lane his Guardian & Attureny to acknowledge satisfaction in the Prerogative Court for 5011 for wch M' Pococke & Raph ffogg stand bound.
17. (10) A tre Atturney from Hen Bridgham of Bos- ton N: E: unto M' Allexander Pollington Haberdasher of hatts in Lombard streete neere the white horse Taverne to receive 8" 108 Pt of a Legacie given by John Harding of Boreham in Essex yeoman unto Elizabeth his daughter the wife of the said Henry Bridgham wth power to substitute another Atturney. witnes. Thomas Grubb.
18. (10) A tre Atturney from George Kesar of Linne to John With of Londo Citizen to Receive a certaine Legacie given by his ffather Georg Kesar of Leighton Bussard in Bed- fordshire Tanner. wth power to substitute another Atturney. witnes Richard Hogge.
20. (10) A tre of Atturney from John Compton of Boston in New England Clothier unto Robert Scott of Bos- ton Mercht to Recover his title unto certaine lands (wth power to rent the said lands) to him descending to gether wth the rents & issues thereof, wth power to substitute one Atturney or more wth like or limited power. witnes Jacob Sheafe.
20. (10) To a Copie a Bill of Sale of the seventh part of the ship Seabridge from James Brock unto Henry Webb. Dated 9 (8) 1642.
20. (10) A Copie of M' Emanuels Downing Deed of sale of his share in the Iron worke to Thomas Vincent of Londo for sixty pounds sterl by him received of John Win- throp Junior Esq:
20. (10) A Copy of a Bill of Sale of a -1 of the Defence from Major Bourne to M' John Leverit & Anthony Stod- dard. Also. a Copy of a tre of John Emmons to John Milom.
20. (10) A Copy of a Bill sale of 1 of the Tryall to 16 Theodore Atkinson & a tre Atturney from him to Edward Shrimpton in London Merch':
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