USA > Massachusetts > Suffolk County > Boston > Volume relating to the early history of Boston, containing the Aspinwall notarial records from 1644 to 1651 > Part 33
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5. Whereas Edw. Bendall saith, that John Jarvis tooke no care for fitting of her out to sea, it will appeare that Isaac Addington tooke up an hundd pounds for his use at Bottom- ary, for the wch money John Jarvis hath underwritten as taken up by Isaac Addington for the use of his third pt of the Unicorne.
6. Whereas Edw. Bendall saith that by vertue of an order given the Mr for sale of the shipp, that John Jarvis had sould his interest in her, it is false & untrue. ffor John Jarvis never assented to any such sale as they say they had made of her.
7. Whereas Ed: Bendall saith that John Jarvis saith in the begining of his ptest that London was the Port of Mr Addingtons discharge from the shipp, it is also false & untrue, for the sd John Jarvis there declareth that London was the port of his discharge, that is, of the voyage from Virginia, & there he was to give a true & just account, unto his owners, wch he hath not done, as it will evidently be made so to appeare.
8. Whereas Edw. Bendall saith that at London Mr Addington gave John Jarvis an Account under his hand, the very same wch he hath now done, & proved in Court as he saith, Although the Accounts given by him in London wych proved here to be his, wch Accounts are not true & just: all wch will evidently be made to appeare.
Edw. Bendalls Answer followeth.
1. To the article he saith, Mr Addingtons designe for Malago was publickly spoken of uppon the Exchange & therefore unlike Mr Jarvis should be ignorant. Besides Mr Jarvis in his 5th Article saith he underwritt for Bottomary for his pt of the shipp, & therefore could not be ignorant: But he doubts of the truth of such underwriteing vnles padventure he writ that he never meant to pay. And for the voyage to Canaries it was publickly knowne throughout the towne & therefore M' Jarvis could not be ignorant as he pretends.
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ASPINWALL NOTARIAL RECORDS.
2. To the 2ª. he saith, that the Records will evince that Mr Addington & Capt Leveret were not the cause of his putting of from Court to Court (as the ptest imports) but M' Jarvis him selfe was the cause.
3. To the 3ª he saith. that the Acco. as the Auditors brought it in, appeared to the Court & Jury to be just. Only the Atturney wanted his proofes to one petr about the seamens wages : But since the Court one of those men came in, who can testify his receipt thereof.
4. To the 4th he saith, Mr Jarvis did not sue for his third pd of the shipp or Account of the same as sould by Isaac Addington, but for an Account of the voyages & im- ployments of a third pt wch he denyeth to be sould by any order of his, & therefore the Court & Jury could not find that wch was not comprized in the Action, but if Mr Adding- ton have not Accounted already wth M' Jarvis for the said third pt he makes no question but he will doe it wth out trouble or suite at lawe.
5. To the 5th he saith, no such thing was p ved in Court (nor that he remembers once pleaded ) that Mr Jarvis under- writ for his pt of Bottomary in the malago voyage, nor doth he believe he did.
6. To the 6th he saith that Capt Leverett (then having a pt) uppon oath testified that both himselfe & Mr Jarvis
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gave order to the M' to sell her & Mr Jarvis in Court acknowledged that he gave order to sell her though at a higher rate. And since the Court he understands from such as knew the shipp that shee was sould to her full worth or more.
7 To the 7th he needs no Answr. because though M' Jar- vis seem to deny yet at length confesseth the very words, only wth an explication & glosse that will not agree wth the text.
The Eight being pure non-sense he can give no answer to it.
This foregoeing Reply was showed by mee Wm Asp: Not & Tab: pub: unto Edw Bendall, & this Answr returned Quod. &c:
31 (10) 1650 Be it knowne by these pntes that wee ffrancis Norton of Charlestowne in N: Engl. & Tho: Lake of Boston in N. Engl. aforesª Atturney for Capt John Allen of Charlstowne aforesd Mariner & pt Owner of the good ship called the Welcome of the Burden of three hundd tuns or
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ASPINWALL NOTARIAL RECORDS.
thereabouts, for good & valueable consideration in hand re- ceived, have bargained & sould & by these presents doe bar- gaine & sell unto Tho: Broughton of Boston in N. England inercht one sixteenth part as well of the sd ship as of all & singular hier masts sailes saileyards anchors cables ropes cords guns gun powder shott artillery tackle munition & furniture to the sd shipp belonging or in any wise appteining, to have & to hold the sd sixteenth pte of the said shipp & the six- teenth pt of all & singular the premisses forementioned to be bargained & sould, unto him the sd Tho: Broughton his Exec. Administ & Assignes as his & theire prop goods to his & theire pp use for ever. And we the sd ffra: Norton & Tho: Lake Atturneys unto Capt John Allen aforesd, doe covenant that the sd John Allen his Exec. & Administr the sd sixteenth pt of the sd shipp & premisses forementioned to be bargained & sould, unto the sd Tho: Broughton his Execut. Adminis- trato's & Assignes against all men, shall & will warrant & Defend by these presents for one whole yeare & a day next ensueing the first of November last before the Date hereof, According to the Custome of Oleron, pill
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of sea fyre & enemies only excepted. In witnes whereof wee the sd ffrancis Norton & Tho: Lake have hereunto sett of hands & seales this 30th of Decemb. 16 50.
Sealed & dd in pnce of ffrancis Norton & a seale.
Abraham Palmer Thomas Lake & seale.
Umphrey Booth
& William Aspinwall Notary publicke.
4 (11) 1650. This Bill bindeth me John Manning of Boston in New Engl. mercht. my heirs Execut Administ or Assignes to pay or cause to be pd unto M' Daniel Bradley mariner of Gosport in the parish of Alnastock in the County of South or to his heires Executors Administr or assignes the summe of eighty & foure pounds sterl: wch is to be pd uppon or before the first day of November next ensueing the date hereof weh is to be pd to the sd M' Daniel Bradley or to his heires Executors or assignes in England.
In witnes whereof I have set to my hand & seale the 30th day of November in the yeare one thousand six hundd & fifty. p me John Manning & a seale Signed sealed & dd in pace of us Robert Turner
Michael Powell. Joseph Barton
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ASPINWALL NOTARIAL RECORDS.
7 (11) 1650 Recd the 21th day of Decembr 1650 of Hugh Gullison in full of all Accotts & 1 Robt Sedgwick doe hereby fully & freely quitt & discharge the sd Hugh Gulli- son of all Accts debts suites & Demands whatsoever unto this day witnes my hand the day first above written.
Witnes. Thomas Lake Richard Sprage. Robert Sedgwick
11 (11) 1650. I Thomas Joy doe acquit Ambros Leeach of & from all actions suites debts & demands from the be- gining of the world unto the last of September last past. Witnes my hand this 9th of January 165 0
Teste Wm Aspinwall Nots publ
Thomas Joy his marke.
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13 (11) 1650. Whereas Richard Hickes & Isaac Walker have ingaged themselvs on my behalfe unto Tho: Savage & Joanna Parks in the summe of 2501t. for the returne of Barke Begining to Boston againe: Now know all men by these prsents that I Wm Jones do hereby bind my selfe Executors Administrators & Assignes in the summe of fyve hundd pounds sterl. unto the sd Rich: Hicks & Isaac Walker theire Executors Administrators & Assignes to save the sd Rich: & Isaac harmles & indemnifyed from & concerning the foresd Ingagment: And for theire more full security I the sd Wm Jones doe hereby ingage my selfe in the summe abovesd that the sd barke shall pceed to no other port but Barbados wthout the consent of the sd Rich. Hicks who is to pceed ME of the sd barke untill her returne to Boston againe. In witnes whereof I have hereunto set my hand & seale this 13th of January 1650
Signed & dd in pnce of William Spring Evan Thomas Joseph Bomer
WVm Jones & a seale.
13 (11) 1650. Md. These presents testify that I Nehe- miah Bourne have sold to Georg Davies & to his heires &c my shop in weh he works now, being scituat & adjoyneing to my house in wch Mr Leader now dwells. together wth all things belonging thereunto. as bellowes anvill & other tooles. acknowledging my selfe fully satisfyed for the same. & therefore doe hereby assigne & make over & all my right thereunto. witnes my hand this 15 December. 16.46.
p Nehemiah Bourne.
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ASPINWALL NOTARIAL RECORDS.
13. (11) 1650. I acknowledg I have received satisfaction of Georg Davies for the ground his new house stands uppon wych is taken out of my garden & for so much as ranges from the Southend of the sd house by a right line to the upper corner of the fence of the sd garden northward, & this ground I doe hereby sell & dispose of to his pper use. Witnes my hand the 18th 7ber. 1647
p Nehemiah Bourne.
13 (11) 1650 I doe hereby declare that whereas I sould George Davies a peell of ground to build a house uppon it, he the sd Davies shall have liberty of Egresse & Regresse through my ground to the high way.
ye. 21th Sept. 1647. p Nehemiah Bourne.
13 (11) 1650 Be it knowne to all men by these pntes that I Thomas Webber m' of the good ship called the May fflower of the burden of one hundred thirty fyve tunns or thereabouts now rideing at anchor in the river of Boston, for good & valuable con
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sideration by mee in hand reed have bargained & sould & by these pntes doe bargaine & sell unto Michael Powel of Boston in New England, one sixteenth pt as well of the sd shipp as of all & singular her masts sailes saile yards anchors cables ropes cords gunns gunpowder shott artillery tackle munition apparell boate skiffe & furniture to the sd shipp belonging, to have & to hould the sd sixteenth part as well of the sd shipp as of all other the p"misses afore- mentioned, unto him the sd Michael powell his Exec Admin- istr & Assignes as his & theire pp goods to his & theire pp use for ever. And I the sª Thomas Webbar mine Executors & Administrators the sd sixteenth pt as well of the sd ship, as of all other the premisses forementioned to be bargained & sould, unto the sd Michael Powell his Execut Administrators & Assignes against all men, shall & will warrant & defend by these presents, for one whole yeare & a day next ensueing the Date hereof According to the law of Oleron pill of sea fyre & enemies only excepted. In witnes whereof I the sd Thomas Webbar have hereunto set my hand & seale this 28th day of December. 1650 Thomas Webbar Sealed & dd in pnce of & a seale Jacob Sheafe
John Hutchinson.
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ASPINWALL NOTARIAL RECORDS.
21 (11) 1650. Be it knowne by these puts that I John Holland of Boston Att: to Edw. Bateman & by order from him, he haveing recd satisfaction, doc hereby acquit & discharge Robt Nash of & from all debts dues & demands comprized in the sª tre of Atturney, & of & from all manner of actions wch the sd Edw Batman or I as Att to him might have or prtend to have against the sd Robt Nash for & con- cerning the same. And in witnes thereof I have firmed this wth my hand this 18th of January 1650
Test. William Aspinwall
Notarius publ
John Holmer
28 (11) 1650. Recd. the 25th of the 11th of Christopher Gibson John Phillips Edmund Jackson, & Alexandr Adams Constables of Boston, in full of Boston country rate for that yeare one hundd sixty seven pounds one shillings six pence. I say Recd in full of the Constables of Boston. li. s. P 01: 06:
p me Richard Russell. Treasur
5 (12) 1650 These p'sents witnes that I John Partridge have made & ordeined & by these pnts doe make ordeine constitute authorise appoint & put in my place & steed my loveing friend Amoz Richardson my true & lawfull Atturney for me & in my name & to my use to aske de- mand levy sue for recover& receive of Tho: Joy late of Boston Carpenter, all such summe & summes of money & debts what
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soever as are due owing or payable by & from the sd Tho: Joy unto mee the sd John Partridge for any matter or thing or by any wayes or means whatsoever or howsoever Giveing & hereby granting unto my sª Atturney full power & authority in execution of the p'misses & for me & in my name & to my use to arrest or cause to be arrested or imprisoned the body of the sd Tho: Joy for & concerning the premisses & him to sue & psecute by due course of law for the same, & to recover in every such suite or suites & to sue forth execu- tion or executions uppon every such recovery And generally to doe or cause to be done all & every such lawfull Acts or things whatsoever as shall or may be needfull or expedient to be done in or about the p'misses in as large & ample manner & forme to all intents constructions & pur- poses as I my selfe might or could doe if I were psonally present houlding firme & stable all & what soever my sd Atturney shall doe or cause to be lawfully done in about or
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ASPINWALL NOTARIAL RECORDS.
concerning the premisses. In witnes whereof I the sd John Partridge have hereunto set my hand & seale
Given the 9th of Dec. 16.49.
John Partridge & a seale
Signed sealed & dd in the p'sence of us John Tinker Alice Tinker.
5 (12) 16.50 Be it knowne unto all men by these p'sents that I John Dunbar of Plymouth in the County of Devon inercht have made constituted & in my place & steed my trusty and wellbeloved friend M' Henry Webb of Boston in N: Engl. my lawfull Atturney to recover & receive all debts or summes of money that due unto me in N. Engl. either by bills bonds or specialties or on accounts. & what this my law- full Atturney shall doe in my name I will allow & ratify as if I my selfe were psonally present as witnes my hand & seale
Boston 24th of 11th mo. called January. 1649 Sealed & dd in the pnce of
John Dunbar & a seale. James Cary
John Woodmansey.
5 (12) 1650 To all whom this p'sents shall come, know yee that I Peter Talman of Newport on Roade Iland Apoth- ecary : for good causes & considerations me thereunto moov- ing have made and doe hereby constitute & appoint my welbeloved frend M' John Elton my lawfull Atturney to aske & receive of M' Samuel Maverick of Noddles Iland in the Massachusetts gent. all that my due from him wch he by his bond is bound to pay unto mee, wch bond together wyth this tre of Attur. I have dd unto this my Attur. to make use of as his owne pper goods & due: & in case the sd Mr Maverick uppon demand doth not pay the sd debt unto this my Atturney, it shalbe then lawful for him to arrest the sd Mr Maverick & him to sue implead condemne imprison & uppon satisfaction being made him to set free & to acquitt of the sd debt. in as full sort & power as if I the sd Peter Talman my selfe had done it; And the money or goods wch this my Attur. shall receave of the sd Mr Maverick for & uppon this aforesd ingage-
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ment, this my Atturney is the sole owner of, & therefore may dispose of it at his owne will & pleasure wth out any question or controuling by or fro me the sd Peter Talman. And I
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ASPINWALL NOTARIAL RECORDS.
the sd Peter Talman doe hereby give the like Anthoritie unto this my Attur. in my name, but in his owne right & for his owne use, to take upp & to seaze uppon a Negro man of mine wch I am informed is wthin the Jurisdiction of the Massachusetts. The Negro is named Mingoe & but a yong man & hath the marke of I: P: on his left shoulder: & did unlawfully dept from my house in Newport about six months since: wch Negro & the above named debt of & from M' Mav- erick, I have recd a valuable consideration of this my Attur- ney for. And therefore have & doe hereby give unto my sd Att": all my right therein & power thereof to recover accord- ing to lawe in such cases pvided. And doe hereby ingage my selfe to allow of maintaine & justify my Attr. in all & what soever he shall doe to recover these my dues according to lawe & in witnes thereof I have on the eighteenth day of the nienth month of the yeare of or Lord Christ 1650 here- unto put my hand & seale.
Sealed & dd in the pnce of
Peter Talman & a seale
Rich Wright Thom Gould.
6 (12) 1650 Recd this 18th of Octob. 1650. of Robt Sedg- wick in goods, the sume of three hundd & fourteene pounds seventeene shillings & foure pence sterl. As also one hundd & eighty pounds more in money sterl weh is by severall leg- acies left him unto his wife & children by his ffather Mr Wm Blake & by his mother Mrs Dorothie Blake both deceased, & by Mrs Martha Blake deceased, both weh sums together is 4941. 17s. 4d. The wch I do acknowledg to received to & for the use of Mrs Jane Blake of Andover by vertue of a tre of Atturney made by her unto me, & doe hereby acknowl- edge that the above specifyed summes to be red in full sat- isfaction of all dues & demands whatsoever either due to Mr Wm Blake of Andover or to Mrs Dorothie Blake his wife both deceased. or to M' Rich. Blake deceased & of all dues & demands unto Mrs Jane Blake of An- dover executrix unto her husband Mr Richard Blake. I say Recd in full of all accounts & Reckonings the summe of 4941. 17s. 4d.
Witnes John Thompson. Tristram Coffin p William Twisse
Reed this 16th of Octob. 1650. of Major Robt Sedgwick the summe of fyve pounds for Mrs Dorothie Smith being so much to be paid out of the sd legacies given to Mrs Sedgwick. I say Recd by me
William Twisse.
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ASPINWALL NOTARIAL RECORDS.
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Bee it unto all men by these prsents that I Sarah Webbar of Limehouse in the parish of Stepney in the County of Midds widd & late wife of John Webbar mariner deceased have made named ordeined constituted & appointed & by these pnts doe make name authorise ordeine constitute & appoint & in my steed & place have sett & putt my well- beloved friend Tho: Gainer of Ratcliff in the parish & county aforesd mariner my true & lawfull Atturney & Deputy irrevocable for mee & in my name but to his only proper use & behoofe to aske demand require levie, sue for, recover & receive by due order of law or otherwise, all & singular such, debts dues goods chattles lands summe & summes of money rents issues pfitts duties & other things what soever, wch were due oweing payable or in any wise belonging to my sd deceased husband & now due oweing belonging & payable unto me by of or from any pson or psons what soever now liveing in the plantation of new England or from any other pson or person what soever & wheresoever, by force vertue or meanes of any bonds bills covenants contracts promises, or by booke account reckoning or meanes whatsoever or how soever, Giveing & by these pnts granting unto my sd Attur- ney all my full power strength & lawfull Authority in exe- cution of the prmisses, if need shalbe to sue arrest attach imprison & condemne, & out of prison againe to deliver & to compound & agree, & uppon any receipt or receipts compo- sition or compositions recd had or made, acquittance or ac- quittances such & so many & of such force as the cause shall require, for mee & in my name to make seale & deliver, & one Atturney or more to make substitute & at his will & pleasure to revoake, And generally to doe all other Aet & Acts, thing & things whatsoever weh in or about the p'misses shalbe requisite & necessary, doe fully & effectually, as I my selfe might or could doe the same psonally, And whatsoever my sª Atturney shall lawfully doe or cause to be done in or about the p'misses by vertue of these presents, I doe hereby pmise to ratify allow & confirme, & to this bind my selfe my Executors & Administrators firmly by these presents. In witnes whereof I have hereunto set my hand & seale the two & twentieth day of August Anno Dni 1650.
Sealed & dd in the pnce of
Michael Bakers marke
et John Minterne Ser
The marke of S Sarah Webbar & a seale.
21 (12) 1650 I John Mills do fully cleare Georg Wal- than for one pipe & one hogshead of Canary wine wch we
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ASPINWALL NOTARIAL RECORDS.
delivered him by goodman Mylam for my use, having re- ceived the full summe thereof. In witnes heereunto I do put my hand Boston the 20th ffebruary 1650 Witnes John Milam. John Mills
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21 (12) 1650. Boston this 21th of 12th mo: 1650
Receaved of John Phillips Edmund Jackson Christopher Gibson & Alexander Adams Constables of Boston the summe of two hundred sixty nine pounds seventeene shil- lings & eight pence in full of all the Rates delivered to them by the select men of the towne, say Recd.
p me Anthonie Stoddard.
24 (12) 1650 Know all men whom these presents shall concerne that I John Throckmorton of Providence bind my selfe my heires Executors & Administrators unto Robert Nash or his Assignes in the full & Just summe of one hun- dred & twenty pounds to save him harmles in respect of a bill wherein he standeth ingaged unto Isaac Walker & ffrancis smith in the summe of one hundred & twenty pounds for me the sd John Throckmorton : in witnes here of I have hereunto set my hand this 14th day of November 1648
Signed in the pnce of Henry Walton. Charles Sanders.
Jo: Throckmorton
25 (12) 1650 Whereas there hath beene some appre- hensions of wrong done by Bozoone Allen of Hingham unto Thomas Joy of the same towne by or in the sale of the mill or a pte of it wch lyeth uppon a piece of salt marsh challenged by John Otis next unto a pcell of upland lying East of John Andrewes & uppon agreemnt wth Bozoone Allen about an Adventure & the apprizall of the shipp. I doe hereby fully acquitt & discharge the sd Bozoone Allen of or concerning the aforesd pcell or any pte of the aforesd mill or any appurtenance sould to the sd Tho: Joy by Bozoone Allen. Witnes my hand this 8th of March 1647. alias 48: its entred before signeing hereof that Joseph Andrewes his lott lyeth East of the Damme.
The marke of Tho: Joy Henry Rust.
Nicholas Jacob
It was acknowledged in the Court. W: Aspinwall Record 6 (12) 1650 Whereas I Nicholas Shapley of Pascataqs mercht am now by Gods pmission bound for England, know
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ASPINWALL NOTARIAL RECORDS.
all men therefore by these prsents that I the sª Nicholas Shapley doe hereby in my absence depute & ordeine my loveing kinsman John Trewargie mercht my deput & lawfull atturney in my place & steed to manage all my affairs in New England of what kind or nature soever, & what soever my said Deput & Atturney shall lawfully doe or cause to be done in or about my affaires I doe hereby ratify & confirme in as ample manner to all intents & purposes as if I were psonally present. witnes my hand & seale the 6th of Novemb- 1644.
Sealed & dd in the prsence of
Roger C'ard
Edw. Godfrey
Nich. Shapleighi & a seale
vera Copia ita testatur. Sigilla provinc : p me Edw. Godfrey Secr
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7 (1) 16.5 0 Richard Sandford aged about fifty six yeares deposed saith that he heard Matthew Colane say that Dermin Mahoone of Boston was his Cosen & only Cousen & that he had no more Kinsmen in the land
Taken upon oath the 6 (1) 16.50 before me William Hibbins.
Samuell Carwithie saith that he hath heard Matthew Colane say that Dermin Mahoone was his owne Cosin & that he had no kinsman in the Country but him. Taken uppon oath this 6 (12) 1650 before me William Hibbins.
Matthew Dove saith that Matthew Colane & Dermin Ma- hoone had dealing together, & the sd Colane both in the presence of the sd Mahoone & at other times owned the sª Mahone as his Cosin wth whom also he used to lodge. By all wch this attestant understood that theire was some affinity betwixt them.
Taken uppon oath by Matthew Dove the 6 (1) 1650 before me Wm Hibbins.
To the Marshall or his Deput.
7 (1) 1650 By vertue hereof yo" are required to levy of the goods & chattells of Rich: Cutt to the value of three hundd seventy & six pounds & nine pence also houshould stuffe & cattle in kind to the value of seventy fyve pounds nineteene shillings & ten pence (wth 2s for the execution) vnles damnifyed in the useing. & whereas Richard Cutt hath
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ASPINWALL NOTARIAL RECORDS.
allowed Sampson Lane in the Account fourty fyve pound for fifteene thousand of pipestaves rec" of Xper Lawson the wych sd Cutt cannot make cleare the Delivery of them to Mr Lane, now in case the sª Richard Cutt can betweene the date hereof & the last of May next pve the Delivery of the sd pipe staves or any pt thereof unto M' Sampson Lane or his Assignes, that then there is three pounds for every thousand of pipestaves so delivered to be deducted from the summe of 376.00.09ª above mentioned. this to satisfy Sampson Lane for a Judgmt. granted by an award by order of the Gener11 Court. hereof not to faile. Dated the 31th of the 11th mo. 1649.
By the Gener' Court Increase Nowell sec.
By vertue hereof I assigne George Munning my lawfull Deput for the Execution of this warrant the 28. (6) 1650. Edw. michelson marshall
Indorsed. if goods appeare not take his pson.
Increase Nowell.
I have recd of Mr Rich Cutts full satisfaction of this Exe- cution & do discharge him witnes my hand.
George Munning
14 (1) 1650 I promise to pay to ffreegrace Bendall at the Maderas the summe of one pound fifteene shillings at all demands after the arrivall after the arrivall of the shipp called the boston all weh I promise witt my hand this 23 of October 49
Witnes
Christopher Wen
James Goodridge.
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