USA > Massachusetts > Suffolk County > Boston > Volume relating to the early history of Boston, containing the Aspinwall notarial records from 1644 to 1651 > Part 27
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Deese perseels out fange die 26 icht out bebrent Maerten Jacopse.
Taken uppon oath 20 (4) mº. 1650 by Wm Stanno before me William Hibbins.
18 (4) 1650 Barbados
ffor as much as Martin Jacobson master of the good ship called the St Martin of Alickmore was freighted by Edward Sommas & Richard Pickford Merchts in the Maderas & from thence to this Iland abovesd & from this Iland after freight- ing to saile for the Port of Hamborough or Lisbone as by
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ASPINWALL NOTARIAL RECORDS.
Charter pty may appeare made between the sd master & the sd merchts but the sª Merchants Agents or faco's could not in any manner pforme wth the sd master according to Charter pty (wherefore the sd John Parris & Robert Pickford in the behalfe of themselvs & their imployers in the Maderas doe covent & agree to & wth the sd Master shall as soone as he shall have taken so much merchandiz as shall amount to three hundd pounds sterl weh shalbe for security for the abovesd masters freight) then directly to set saile from this Island for the Port of Boston in New England & the sd shipp and goods arriveing at the port aforesd the sd master is to Deliver all · such goods & merchandise as the sd Parris & Pickford shall lade aboard the sd shipp (unto such merchts there) as they shall consigne the same
[Page 263.]
provided the sª Merchts shall give unto the sd master suffi- cient security to lade in the above shipp the above sd quan- tity of goods And after the Delivery or Unladeing of the aforesª ship The sd Merchts at Boston wth all convenient speed shall lade the sd shipp wth such merchandise as they shall have order from the sd Parris & Pickford (it being to the value above specifyed for the Masters security And the sd master there being laded shall directly saile God sending faire wind & wether for the Island of the Maderas & there to receive his freight to the full That is to say from the day of the Date hereof untill his sd ship shalbe discharged in the Maderas by the sd imployers for the freight foure hundred & seventy Holland guilders or two hundred thirty fyve Cru- sadoes Portingall money to be pd for every month as long as the sd ship shall continue in the sd Imploy or service And further the sd ffactors doe for themselves & merchts covent wth the sd master that if he shall have ocasion to vse the summe of thirty pounds sterl in New England to buy him any kind of provision for the sd shipp he shall receive the same at Boston aforesd, And according to the true intents & meaning of these presents the pties abone said have put to theire hands & seales to all wych the pties above specifyed doe interchangably doe bind themselvs each unto other in the full summe of foure hundd pounds sterl witnes or hands & seales this first day of August ould stile Anno Dom. 164 9 Signed sealed & dd in presence of Maerton Jacopson Vanckerth B Mol Thom Coyman.
Also I attested a Copie.
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ASPINWALL NOTARIAL RECORDS.
22. (4) 1650. I attested an affidavit of John Partridge taken before Mr Wm Hibbins. That he was a Magistrate amongst us.
25. (4) 1650. David Yale of Bosto in N. E: mercht did constitute Mr Robt Ingram of gratious streete London mercht his true & lawfull Att": granting him power to aske &c of & from M' Peter Jones & M' Henry Quintyne all summe or summes &c: wth all damages for not accepting nor paying his Bills of Ex: drawne uppo them by theire order. or any other summes due fro any other pson whereof he hath formerly writ or shall write: & of the receipt to give acquittance &c: & generally to do all things &c: wth power to substitute &c: also to compound &c: & to appeare &c: to sue implead &c: ratifying &c:
21. (4) 1650. I attested a Copie of M' Yales Acco. wth Mr Jones & Mr Quintyne .. Also a Copie of Mr Jones & Mr Quintynes
[Page 264.]
tre Attr to M' Yale Dat. 15 (7) 1648. Also a Copie of Mr Jones tre of the 15th March 1649. & Mr Jones & Mr Quin- tynes tre of the 27th March 1649.
27 (4) 1650. Wee ffrancis Norton John Allen & Nich- olas Davison doe acknowledge o"selves to be indebted unto Mr Marmaduke Randon & M' John Hart Resident in Bilboa the full summe of fyve hundred fourty & seven pounds ten shillings to be pd unto them or theire Assignes betweene the tenth & twentieth of June one thousand six hundred fifty & one in good merchantable dry Cod fish at the price Currant of the Country, & to be Delivered at the Ile of Shoales & to the pformance of weh to be dd uppon the Rock we doe bind o"selves or Executors Administrators or assignes severally & jointly in a bond of a thousand pounds Sterlinge Witnes or hands & seales Charletowne in New England the 14. of June. 1650.
ffrancis Norton John Allen
I promise to answ" for one third pt of fyve hundred forty & seven pounds ten shillings: wch is one hundd eighty two pound ten shillings
p me Nicholas Davison
29 (4) 1650 Uppon the request of Mr Nich: Treryce I Wm Aspinwall Not & Tabellion publ by Authority of the Generall Court of the Massachusetts admitted & sworne, doe
.
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ASPINWALL NOTARIAL RECORDS.
in his name & his Imployers ptest against you Richard Thurstone for intertaineing his Boatswaine being not by him discharged, & for baileing the sd Boatswaine Robert Herrington being by the sª Nicholas Trerice arrested, & for all damages wch he the sª Trerice or his Imployers Owners or Merch's shall suffer thereby. for all wch you shalbe re- sponsall.in time & place convenient. This Protest was read & published unto the sd Richard Thurston the 29th of June 1650.
2 (5) 1650 I attested a bill of ladeing of Martin Jacobson to John Parris for one hhd beefe & one barrell: & a Copie of another writeing Dat. 25. (9) 1649 subscribed James Neall
2 (5) 1650 Shipped by the Grace of God in good order & well conditioned by mee John Parris in & uppon the good shipp called the St Martin of Allickmore whereof is Master under God for this prsent voyage martin Jacobs & now ride- ing at Anchor in the river of Charls & by Gods grace bound for Ile Maderas, to say, one hhd beefe & one barrell being
[Page 265.]
for the Acco of Garret Lambertson being marked & numbred as in the margent & are to be dd in the like good order & well conditioned at the aforesd port of Maderas the danger of the seas only excepted unto Garret Lambertson or to his Assignes he or they paying freight for the sd goods twenty shillings: wth primage & average accustomed. In witnes whereof the Master or purser, of the sd shipp hath affirmed to three bills of ladeing all of this tenor & date, the one of wch three bills being accomplished the other two to stand voyd & so God send the good shipp to her desired port in safty Amen. Dat in Charlestowne New England this 20th of Xber. 1649. Deese perseelles out fauge maerdiegredere out bebrent bij mijr maerte Jacopso
2 (5) 1650 I James Neale Mercht Att. of Mr Wm Reade inhabitant in the Isle of Madera do acknowledg to have received of Mr John Parris Mercht an acc of thirty & two pipes of Madera wine, weh did pply belong onto Mr Wm Reade & received by the sd m' Parris for his Acco of Manoel Pradesavedo the nett pduce whereof & ballance of sd Ac- counts comes to the summe of six thousand fyve hundred thirty & six pounds of Barbados Tobacco weh at 2ª p pound come to the sume of fifty foure pounds nine shillings & foure pence wch I doe acknowledge to have received of the
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ASPINWALL NOTARIAL RECORDS.
sd Mr John Parris & doe hereby acquitt & discharge him for the like value as witnes my hand this 25th of Novemb. Anº. Dni 1649.
James Neale.
Witnes James Grollier
Mary Hawkins.
2. (5) 1650. Uppon the 2 (5) 1650. according to the Acco. of Engl: Before me Wm Aspinwall Not & Tab: pub. by Authoritie &c: Mr Hen Shrimpton demanded of Capt John Cramp to take in a pcell of fish according to charter pty wth the Worp" Rowland Wilson & Martin Bradgate merchts. The Capt answered that his ship was not yet suffi- cient to take in his fish. Weh answer being well heard & un- derstoode. I the Not aforesaid at the request of the sd Hen Shrimpton & in his name & the name of his principalls did ptest & by these presents we pt against the sd Capt. John Cramp for all damages & demerage wch the sd merchts shall or may susteine through his shipps insufficiencie & neglect to take in theire
[Page 266.]
fish according to Charter pty, for all wch the sd Capt Cramp shal be lyable to make due reparations in time & place con- venient. This prot was thus published unto the sª Capt Cramp by me the sd Notary.
10 (5) 1650 Uppon the request of Mr Charls Saunders Master of the Shipp Charles, I Wm Aspinwall Notarij & Tabellion publ by Authority of the Generall Court of the Massachusetts admitted & sworne uppon the 10th day of the 5th month called July, Anno Dni 1650. Doe ptest against you John Towne for opposing him & hindering him from takeing away his masts, that whatsoever demorage & Dam- age he shall suffer by such yor opposition yo" shalbe respon- sall & lyable to make him just & due reparations in time & place convenient. Quod virtute &c : --
12 (5) 1650. Uppon the 12th day of July Anº Dni 1650. I Wm Asp: Notary & Tabellion publ &c: at the request of Capt Barnaby Stanfast Comander of the Wm & George of London, Doe ptest against you Symon Bowyer, Thomas Hunt, Edmund Newton, Edmund Chapman, Wm Johnson, Nathaniel Robertson, Charles say, Richard Webber, John Potter, John Bennet, & Edward Henman, for absent- ing from his shipp, for lyeing ashoare, for neglecting the duty of yor places, and damages wch he & his princiaplls & own-
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ASPINWALL NOTARIAL RECORDS.
ers M' Michael Davison, Mr Henry Day, Mr Richard Nett- maker, Mr Thomas Tailor &c. shall or may suffer thereby, & by yor psecutions of him one Count after another whereby his voyage is hindered & like to be overthrownc, for all wch you the sd Bower, Hunt, Newton, Chapman, Johnson, Robert- son, Say, Webbar, Potter, Bennet, & Henman, & each of you shalbe responsall, & lyable to make them just & due repara- tions in time & place convenient. Thus done & passed in the towne of Boston by mee the sd Notary: Quod virtute &c: 15. (5) 1650 Uppon the 13th day of the 5th month 1650. according to the Acco of England before me Wm Asp: Notary &c: psonally appeared Symon Boyer, Nathaniel Roberts Edward Henman, Edmund Newton, Charles Say, Richard Webber, Thomas Hunt, John Bennet, John Potter, Wm Jones & Edmund Chapman, wch Appearers required mee the sª Notary for them & in theire names to protest against Capt Barn, Stanfast. & against any voyage p'tended or intended by him (in the Wm & George) except the Port of London, & also against that port except the ship be sufficiently manned & victualled & under another Comand', & all this by reason of theire bad usage & his breach of Covent. Accordingly I the sd Notarij at the request aforesd & uppon the grounds alledged
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by them, doe ptest against you Capt Stanfast & against any voyage p'tended or intended by yo" in the Wm & George ex- cept for the Port of London, & against that also except Well victualled & manned & under another Comander, that what- ever casualty or Damage they have or further may suffer or that the Merchts & owners shall or may suffer for the reasons above expressed or for any other Reason what soever, you Capt Barnaby Stanfast are the Originall & cause thereof, & shalbe justly lyable to make due reparations therefore in time & place convenient. Thus done & passed in the towne of Boston, & published in prsence of M' Georg Newman Mr Roger Spencer.
Quod virtute &c:
Also I gave a Copie of this.
15 (5) 1650 Uppon the 15th day of July 1650 Capt Barnaby Stanfast, required mee by Notary aforsd to affix this his answer to the pticulars of the foregoing ptest, & to pub- lish the same to his men : ffirst that he is Determined suffi- ciently to victuall his shipp ere shee dept the port, & that shee shalbe sufficiently manned except they be the cause of
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ASPINWALL NOTARIAL RECORDS.
Default by falling of from the shipp: As for another Comandr if they have power to substitute one he will not hinder them; & whereas they ptest against all ports save London ; his Answer is he intends for London, though not directly, the pfitt of his Imployers not suffring. But if you absolutly resolve against all other ports : his answer is that if yo" will give him good security to the value of three thou- sand pounds (to be given him wth in two dayes next follow- ing) that the ship shall set saile hence by the 10th of Sep- tembr next & from hence shall goe directly for London, & that you will deliver up the sd shipp to the Merchts & owners wych he shall direct (such danger of the seas excepted wych human prudence & pvidence could not foresee nor prevent) together wth what freight may grow due homeward bound : & that all of yo" the aforesaid protesters will saile in the sd ship to the aforesd port of London, then the sd Capt Barnaby Stanfast will deliver upp the sd ship into yor hands & you may appoint such Comander as may seeme best. This answr I the Not: aforsd did read unto the sd Symon Boyer, Nathan- iell Roberts, Thomas Hunt, Richard Webber, Edmund Chapman, Edmund Newton.
Quod &c:
Also I read it Edw Henman: John Potter.
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17 (5) 1650 Noverint universi p pr sentes we Johanne Parris de Charlestowne apud Novanglos Mer teneri et firmiter obligari Johani Maning de Boston Colonia pr dict Merc quadringent libr sterlingor solvend eidem Johanni Manning sine cert suo Atturnat Execut vel Administ suis, ad qua quide solucone bene et fideliter faciend obligo me heredes exec et Administr meos firmiter p p'sentes. Dat sigillat. die 3° mensis vulgo July 1650.
The Condicon of this obligacon is such that if the above bounden John Parris shall well & truly pay or cause to be pd to Mr Wm Peake Woollen Drap or Daniel Hoare or to theire Assignes at the signe of the Key in Canning streete in London, the full & just summe of two hundd pounds sterl for the use of the abovesd John Manning at or before the last of ffebruary next insueing that then this present obligacon shalbe utterly void & of none effect, otherwise to remaine in full force & strength
Sealed & dd in pnce of William Aspinwall Richard Cooke
John Parris & a seale John Manning Jr.
I have cancelled this bond witnes my hand 26 (5) 1650.
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ASPINWALL NOTARIAL RECORDS.
17 (5) 1560 In the name of God Ame This prsent writeing of Charterpty indented made concluded & agreed uppon this sixteenth of July Anº Dni 1650. betweene John Parris Mercht of N. E: of the one pty, & John Thompson of Lime house in the Count of Middlesex mariner of the other pty, Witnesseth that the sd John Comand' of the good ship called the gift of God of London, burthen one hundd & twenty tonns or thereabouts now rideing at Anchor in Pascataqs river in N. E. aforesd. hath granted & letten to freight unto the sd John Parris all the aforesd Shepp wth all her apperte- nances whatsoever, to say, masts yards sailes anchors cables uptackles ground tackles, boates thereto belonging, together wth ten pcs of ordinances & all other necessaries thereto be- longing fitting for her intended voyage, wth eighteene seamen, wch is in manner & forme following, that is to say the shipp the Guift of God shall saile p Gods grace from hence to the Barbados at or before the last day of August next ensueing the Date hereof, & there to take aboard such a Cargazoone of goods fitting for a voyage for Guiney if in case the sd Jo: Parris can there poure it, & from thence wth as much conven- ient speed as may be shall take her Course for Cape de Vird & so from thence to Cape Lopuz & to stay so long & unlade such goods & merchandizes as is or shalbe appointed by the sª John Parris or his Assignes: & also to lade such goods and merchandizes as the sd Parris or his Assignes shall lade aboard the sd shipp, & the sd Jo: Parris doth Covent & grant p these p'sents that he his factors Deputies or Assignes or some of them shall & will well & truly pay or cause to be pd unto the sd Jo. Thompson the summe of ninety & fyve pounds sterl p month for eight months certaine or twelve months uncertaine in goods of the Barbados according to the price there cur- rant, wthin one month after the sª shipps arrivall there, & it is also covenanted & agreed p & betweene the sd pties to these psents that at the sª shipps arrivall at Barbados shall enter then into pay: Provided shee bec then ready to saile on her intended voyage wch is in manner & forme aforesd. & the sd John Thompson doth covenant pmise & grant that the sd shipp shalbe stanch & strong, as also well & sufficiently victualled tackled &
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appaprelled wth eighteene seamen as aforesd wth theire wages & all other necessaries at the sd J: Thompsons costs & charges, weh is needfull & necessary in such a shipp & such a voyage. It is also covenanted & agreed by & betweene the sª pties that the sd John Thompson is to have one quarter pt of
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ASPINWALL NOTARIAL RECORDS.
the sd shipp & cargo pro Rato, & it is likewise covenanted that the aforesd men shalbe ready at all due times wth the boates of the sd shipp to serve the sd J. Parris his factors or Assignes to & from land dureing the sª voyage & also to dis- charge & Relade the sd shipp as opportunity shall serve,
And it is also agreed by & betweene the sd pties to these presents that the sd Mr or any of his men shall not receive aboard any goods or merchandizes from any man wth out first giveing notice to the sª John Parris his factors or Assignes to have one of theire consents, neither shall any of the sea- men of the sd shipp trade for any Negro or Negroes whatso- ever. And the sd J: Parris doth further Covent to & wth the sd Jo: Thompson to buy the whole Cargo fitting for the in- tended Negro voyage if in case it may be poured in the bar- bados, as also God sending the good shipp to her port in Guiney, the sª Thompson is to have foure Negroes freight free, provided he there buy them wth his owne goods. And it is further agreed by & betweene the sd pties to these pnts, that in case the sª Cargo cannot be poured in the Barbados then the sd shipp being readie, to pceed on some other law- full designe untill a Cargo can be poured & to have her freight as aforesd. It is farther enacted & agreed that whereas it is afore expressed, No seaman shall take aboard any goods or merchandizes aboard the sd shipp, Wee do now agree they shall take aboard as much goods as shall amount to the summe of two hundd pounds sterl. to vend uppon the Coast, provided they buy no Negroes. In witnes whereof we the pties abovesaid have hereto sett or hands & seales bind- ing or selvs each to othar for the true pformance of all & singular the Coventd articles & agreemts in the penall summe of two thousand pounds sterl the day & yeare first above written.
Sealed & dd in the pnce John Parris & a seale John Thompson & a seale.'
of us, Robert Sedgwick John Allen
Acknowledged the 16th of the 5th month 1650. by Mr John Parris & m" John Thompson before mee Increase Nowell
I also attested a Copie the 18 (5) 1650.
[Page 270.] 18. (5) 1650. I attested a tre Att" from John Hart to Richard Jarrett for recovery of debts & sale of land,
18. (5) 1650. John Holgrave of Salem Constituted
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ASPINWALL NOTARIAL RECORDS.
[Page 270.]
John Parris of Charlestowne his true & lawful Attr. irrevo- cable for him & in his name but to his owne pper use to aske &c of Peter Mudd or any other that have received the value of two thousand weight of Tobacco (being a debt due fro Capt Nicholas Phillips Comander of the Mercht ffrigot of London to the sd Appearer). & of the receipt to give acquit- tance &c. as in other trs Att".
18 (5) 1650. Uppon the 18th day of the 5th month called July Anº. Dni 1650 according to the Accº. of England Before mee Wm Aspinwall &c: psonally appeared Thomas Lun of Boston in N.E. mer. weh Appearer required me the sd Notary for him & in his name to ptest against Mr Wm Greene Master of the good shipp called the Swallow of London for these reasons following ; first for that he did not sett saile from Gravesend towards New Engl. uppon the 10th of March 1649 according to pmise, nor till nienteene dayes after, to wit, the nien & twentieth of the same. Secondly that he did not take into his ship all the goods of the sd Lun according to pmise, notwthstanding he tooke in other merchts goods to whom he was not ingaged when first he pmised the sª Thomas Lun to take in his goods, by reason whereof the sd Tho. Lunne hath wanted time to pvide his Complemt of fish, & for want of his sd goods hath lost the opportunity of his Market. Uppon wch grounds & reasons & at the request of the sd Tho. Lunne, I the Notary afore- said doe ptest against you mr Wm Greene because yor ship did not set saile from Gravesend according to pmise, nor did take in all his goods according to yor engagement, that what soever Demorage or other Damage the sª Lunne is lyable unto, yo" the sd mr Greene are the cause thereof & shalbe justly liable to make him just & due separations in time & place convenient. Thus done & passed in the towne of Boston by me the sd Notary. Quod: &:
Upon the reading of the wthin mentioned prot. mr Wm Greene replyed 1. that he did not covent to set saile fro Gravesend by the 10 march as is p'tended. 2ly that when the sd Th. Lun sent his goods aboard his ship, they were not rejected & therefore his protest is causles.
20 (5) 1650. This Charterparty of a fraightmt made betwixt John Manning of Boston in New England Mecht. on ye one pt. and Joseph profitt of Lond macht. on ye other pt: witnesseth yt ye sd John Manning doth Covenant, to, & wth. ye sd Joseph profit, to hire & lett to ffraight his good Kach, or vessell, (Caled ye Anne & Margrett) being of
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ASPINWALL NOTARIAL RECORDS.
burthen thirty tonns, (or thereabout) for tenn pounds p month or another as suffitient, and ratable, for sick monthly pay, during her returne to Boston in New Engld. and yt she shall be fitt and ready, wth rigging, masts, sayles uptackells, ground tackels, six good musquits, wth. good powder, & shott suffitient. And all other necessaries, fitting for a voyage of ten, or twelve monthes, att or before ye tenth day of Sep- tembr next. to sett sayle from
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Newfoundland, for such port, or portes, as ye said Joseph proffit shall appoynt, and ye sd Jon. Manning doth Covenant, yt ye said vessell shall be sound, & thight & fitt for such a voyage. And ye sd Joseph Profitt shall ffraight so much of her. as ye goods, he the sd. John Manning is to pay unto Joseph profitt will amount unto and ye sd John Manning doth Covenant to take to ffraight for ye sd voyage ye remayning pt of the sd vessell, or allow such propertion of her hire. And ye sd Joseph profitt doth Covenant for his pt to pay or Cause to be pd. unto ye sd Jon. Manning or his assignes, att ye Arrivall of ye sª vessell, att Boston in New England afforesd So much fraight as his pt doth amount unto, after ye rate of tenn pounds p mth for ye whole, wth rigging, & other necessaries as afforesd: from ye sd tenth of September, untell ye returne of ye sd vessell to Boston, and they mutually aggree, to beare ye charge of men & victualls in Common betweene them, according to ye proportions of ther freight, the sd Jon. Manning, Covenanting, to pvide, bread, beefe, porke, & pease, suffitient for six or eight months, - voyage: accord- ing to prices here in New England. In witnesse whereof ye pties have Interchangably, sett to their hands, and seales, this ninteenth day of July Anno Dom. 165 0
Sighned sealed & delivered in prsence John Manninge of Michell powell. Abraham Goade.
20. (5) 1650. Know all men by these p'sents, yt I John Manning, of Boston in New England: m'cht. do firmly bind & ingage my selfe, to pay or Cause to be pa unto Joseph profitt, or his assighnes, in ye Newfoundland somuch fish
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and oyle vizt. one halfe refuse one fourth pt Merchantable & one forth pt in oyle with Caske for ye same, sufficient & good, att ye Currant prices as is bought for money. and to deliver ye same aboard ye vessell hired by Charter pty, att or
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ASPINWALL NOTARIAL RECORDS.
before ye tenth day of September next: I say somuch ffish &c as will amount unto ye sume of two hundred pounds ster or somuch, more or lesse, according to order from mickell powell of Boston in New Engld, in witnesse whereof I have hereunto sett my hand this nineteenth day of July Anno Dom. 16.5 0 In prsence of Michell powell.
John Manninge.
20. (5.) 1650. I attested a certificate of Mr Tho: Oliver & M' Geo: Stirke that Wm Talbot mariner of the Eagle of Colchester Wm Stevenson Mr about Oet. 1648 was sick & lame & could not wthout pill of life goe in the sd ship: Also that Georg Munings marshalls Dept & keep doth testify that the sd Talbot was arrested to be carryed aboard but uppon Mr Oliver & M' Stirks testimony to M' Winthro Govr. he was discharged.
20 (5) 1650 Uppon the 20th day of July Anº Dni 1650. Before mee Wm Aspinwall Notary &c: psonally appeared Sy- mon Boyer. Weh Appearer required mee the sd Notary for him & in his name & in the name of Thomas Hunt, Edmund Newton, Edmund Chapman, W™ Jones, Nathaniell Robert- son, Charls Say, Richard Webber, John Potter, John Bennet & Edw. Henman to enter theire reply unto Capt Barn. Stan- fast his Answr to theire ptest as followeth, & the same to No- tify unto the sª Capt Standast, wch reply followeth :
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