USA > Massachusetts > Suffolk County > Boston > Volume relating to the early history of Boston, containing the Aspinwall notarial records from 1644 to 1651 > Part 34
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13 (1) 1650 Know all men by these pntes that I Nathan- iel Micklethwaite of Lond. mercht. have assigned Authorised & appointed, & do hereby assigne authorise make depute appoint & constitute my loving friend Mr Wm Norton of Ipswich in N: Engl. mercht. my true & lawfull Attr. for me & in my name & steed & to the only & pp use & behoofe of me the sd Nath Micklethwait my Exec. & Administors to ask demand sue for leavie recover & receive of & from Val: Hill & Tho: Savage of Boston or els where in N: Eng. merchts. theire & every of theire Exec. & Adminis all & every such debt & debts accounts summe & summes of moneys & other duties & demands whatsoever as were & are by them or either or any of them due or owing unto me the sd Nathan- iel by or uppon bill or bond specialty booke Account or
376
ASPINWALL NOTARIAL RECORDS.
otherwise howsoever as also to aske demand & receive of the afores Thomas Savage his Exeeutors & Administrators all manner of bills & bonds or any other specialties Sealed & dd or subscribed by val: Hill for the use & pp. Account of me the sd Nathaniel my Exec & Admin". giving & hereby granting unto my sd Attr. my full power & lawfull Authority touching the p'misses or any pt thereof for mee & my name & steed & to my use as aforesd by all lawfull wayes & meanes whatsoever to doe say sue implead psecute pursue seize sequest' arrest attach imprison & to condemne & out of prison to deliver or cause to be dd & one Att or more under him to substitute & at his pleasure to revoke, & to doc pforme execute end & determine all & every other act matter thing or things whatsoever that shalbe needfull & requisite to be done pformed or executed in or about the p'mises in any pt thereof as amply in every respect as I my selfe might or could doe the same if I were thereat from time to time present & did the same psonally. And whatsoevr my s' Att or any of his substitutes shall lawfully do or peure to be done in or about the p"mises or any pte thereof to the use aforesd I do & will ratifie confirme & allow the same for good & effectuall in law at all times hereafter by these putes. In witnes whereof I the s' Nath. Micklethwaite have here- unto set my hand & seale the 27th day of Aprill Anº Dni 1650.
Signed sealed & dd in puce of
Samuel Smith
William Hollingsworth.
p me Nathaniel Micklethwaite. & a seale.
1 (11) 1650. it was given mee to enter.
Be it knowne to all men by these pnts that I John Milom of Boston Coop for a valueable consideration alreadie in hand received have bargained sould & by these pnts do give & grant unto Tho: Broughton of Boston mereht my full inter- est in a peell of land lying by or in the mill pond of Boston bounded by a direct line running from the Corner of the railes of the land of W" Phillips of Boston, I say that corner of the sd railes that lyeth next the great water mill & the great mill pond & so over streight to the next Corner of the little mill standing uppon the Damme of the sd pond to Charlstowne river ward, & the whole continent of the land sould is the whole of my ppriety wthout the sd line from the sd pond ward the one halfe of the sd land being my pp right in Relation & pportion to my interest in the sd mills & pond with land belonging thereunto, the other halfe belonging to the other half pprietors of the sd Mills pond & lands, being
377
ASPINWALL NOTARIAL RECORDS.
bounded Eastward wth the high way passing from Boston to the house of W" Copps: And I doe further give & grant to the sd Thomas Broughton power for my halfe pt to digg marsh or turffs uppon the sd line to the sd pond ward for the makeing any damme worke that the sd Thomas shall make
[Page 338.]
uppon the sd line afore mentioned or any Damme belonging to the sª worke, wth libertie to make a sluce to what lignes the sª Tho: Broughton shall see good in any pt of the sd Damme, to be made uppon the line running betwixt the cor- ner of the sd railes & the aforesd little mill, & to have the benefit of a streame out of the sd pond to make or scoure a channell from the sd sluce or flood gates to the sea or river ward. Alwayes pvided that the sd Thomas Broughton shall only make use of the streame from the pond against the first day of every weeke or Lords day when the sd mill is not imployd in grinding for comon service, except he peures liberty from the towne or owners of the sd mill to have the benefit of the streame at other times. Also the sd Thomas Broughton shall have libertie to stop the streame of the sd pond that passeth over the marsh at the west end of the great mill Damme, provided he leaves like libertie for the water to passe over the sluces to be made aforesd that the over- flow of the spring tydes may passe through the Channell to be made through the said land sould & all the aforesd p"misses I the sd John Milom for me & my heires for ever doe give & grant bargaine & sell to the said Thomas Broughton & his heires for ever peaceably to enjoy the sd ppriety now sould In witnes whereof I have hereunto sett my hand & seale this first day of January 1650. one thousand six hundred & fifty. Testis John Milom & a seale
Nathaniel Briscoe William Phillips John Hughson.
27 (1) 1651. Be it knowne unto all men by these pnts that I Mary Chelsam of London Widdo Administratrix of all & singular the goods Accounts & Credit of late Edward Chelsam my husband deceased, have made ordeined & in my steed & place have put & constituted & by these pnts doe make ordeine & in my steed & place doe put & constitute Robt Knight of N: Engl: mercht. my true & lawful Attur- ney & Assignee for me & in my name & to my use to aske demand levy recovr & receive of Samuel Hall of N: England aforesd merch *: or of his heires or goods wheresoever they
1
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ASPINWALL NOTARIAL RECORDS.
shalbe found or of such other pson or psons as of right shall appertaine all & what soever summs of money that the sd Samuel Hall doth owe & is indebted unto mee be it by bill booke bond or other wise, by any wayes or meanes whatso- ever nothing excepted nor reserved, wth all costs damages & interests, of the receipt aequittance or other sufficient dis- charge in my name to make subscribe seale & Deliver & if need be for the premisses to appeare & my pson to represent in all Courts & before all Lords Judges & Justices, & to doc say pursue implead seize sequester attach arrest imprison & to condemne, & out of prison againe when need shalbe to deliver,
[Page 339.]
likewise one Atturney or more wth like or limitted power under him to make & substitute & at his pleasure to revoke, & generally to doe say finish conclude execute & determine all & every other thing & things whatsoever wth in & about the premisses shalbe needfull & convenient as fully & wholely as I my selfe (in the sd quality of Administratrix) might or could doe if I were psonally present, houlding firme & stable all & whatsoever my so Atturney or any other by him to be substituted in my name shall doe or poure to be done in & about the pmisses by vertue of these prsents. In witnes whereof I have hereunto put my hand & seale the 27th of August Anº Dni. 1650. Stilo Angl:
Sealed & dd in the
Mary Chelsham & a seale.
once of Thomas Chelsham.
Joseph Almond.
7 (2) 1651 Mr Elton It was late yesterday ere I could have my Companie I think yo" spoke to me to have the twenty seven pounds in goods delivered yo" now, only to be left in Deposito, untill you brought yor power authenticated. I conceive that to be needles, & it is possible I shall then be furnished, by others wch will sute my occasions better, if yo" goe out of towne yo" may leave order for the receipt of it, leaveing a discharge for me signed & sealed before witnes wch may be here sworne, or if you doe it at Rode Iland let the witnesses be sworne there, I rest
March 8th 1650 1651'
Yor friend Samuel Maverick.
Indorsed. Mr Maverick I pay unto Wm Hudson nine pounds of the sume weh is due to mee from you: & to Job Ilawkins thirty shillings. for him & the Marshall. & ten
379
ASPINWALL NOTARIAL RECORDS.
shillings unto James Hawkins: & ten pounds unto James Everill : & to one mer 26 shillings : & 4 shillings unto Jonathan Negus. & the other foure pounds ten shillings unto Mr Damirill. this I pray yo" lett them have when they come to yo" to demand it & this shalbe yor sufficient discharge.
John Elton & seale.
Witnes Jeremy Clarke John Clarke WVm Dyar.
26. (2)1651 rabam ffawer de Boston in Nova Anglia Tailor. [Original probably mutilated. ]
-- toek de Boston pr dict Cowp et Johanne Spoore de Bos- ton pred man teneri et firmiter obligari Joseph Jackson et Hugoni Browne de Civit Bristoll mercatoribs in trecent libr bene et legalis monete Angl solvend eidem Joseph Jackson et Hugoni Browne aut eoru alteri sen eox vol alterius eop certo Atturnat execut vol Administrat eox sine alterius eox Ad quam quidem solutionem bene et fideliter faciend obli- gamus nos et quem libet urum p se p toto et in solido, heredes execut
[Page 340.]
uros firmiter p'sentes. Sigillis nris Sigillat Dat primo die Martij: Ano regni Dni nri Carol nune regis Angl &c. vices- imo secundo Annoq Dni 1646.
The Condition of this obligacon is such that if the above bounden Barnabas ffower James Mattock & John Spoore or either of them theire Executors or Assignes or any of them doe & shall at or before the first day of Septemb" next ensue- ing the Date hereof well & truly Deliver or cause to be dd unto the above named Joseph Jackson & hugh Browne theire factors or Assignes cleare of all charges the full number of three score thousand of good & merchantable white oake pipestaves at or neere the waterside at Boston aforesaid in such place & places there where the same may be conven- iently laden & taken aboard such shipp or shipps or other vessells as shalbe sent by the sd Joseph Jackson & Hugh Browne for the receiving thereof : & if the sd shipp or shipps or other vessells weh shalbe first sent by the sd Joseph Jack- son & Hugh Browne for the receiveing of the sd pipestaves shall happen to miscary before the sd pipestaves shalbe laden aboard her : then if the sd Barnabas ffawer James Mattock & John Spoore or either of them theire Execut or Assignes or any of them doe or shall deliver or cause to be dd unto the sd Joseph Jackson & Hugh Browne theire ffacto's or Assignes (cleare of all charges) all the sd number of three- score thousand pipestaves in good & merchantable condition
-
380
ASPINWALL NOTARIAL RECORDS.
at the place or places aforesd immediately uppon demand thereof made by the ffactors or Assignes of the sd Joseph Jackson & Hugh Browne that then this obligacon to be void or els to stand in full force & vertue
Sigillat et Delibed in pntia Barnabas ffawer Johannis Hartwell. James Mattocke John Spoore.
Rich: Orchard servi
Georg. Hartwell No pubco:
Copia vera concordans cum originali examinat sexto die Januarij 1647.
p me ffra: Yeamans Notrij publ matth. Wolfe servi
de Notrio. publ.
Indorsed thus
ind It is the true intent & meaning of the pties wthin named & of the obligacon & condicon wthin written & it is agreed betweene the sd pties before then sealeing hereof that the threescore thousand of pipestaves wtbin mentioned to be dd shall & are to be in liew & satisfaction of & for so much linnen cloth & woollen cloth as shall amount to one hundd threescore & eight pounds & fifteene shillings wch the wthin named Joseph Jackson & Hugh Browne are bound by bond to Deliver in Boston to the wthin bounden Barnabas ffawer James Mattock & John Spoore. Witnes hereunto.
John Hartwell & Richard Orchard. Examinat eliam p ffran: Yeamans notrij publ et matth: Wolfe.
This was a Copie of the bond so attested whereon was indorsed as followeth.
[Page 341.]
The 6th of June 1648.
I Wm Stratton of the Citty of Bristoll Mariner do acknowl- edg to have received of Barnabas ffawer James Mattock & John Spoore the quantity of sixty thousand of merchantable white oake pipe staves according to the win mentioned covenant by vertue of a tre of Attu': given to mee beareing Date the 7th of January 1647. under theire hands & seales ; & by this receipte the above sd Barnabar ffawer & Compa: are discharged of all obligcons whatsoever that are belonging to this ingagement, as witnes my hand the above sª Date of the 6th of June 1648.
WVitnes us Rich: Russell Nathaniel Sowther.
p me William Stratton.
381
ASPINWALL NOTARIAL RECORDS.
30 (2) 1651 Boston in New Engl. 14th Decemb. 1650 1001 sterling
At fourty days sight of this my third Bill of Exch: my first & second not being paid, I pray pay or cause to be pd unto M' Tho: Bell of London or his Assignes the just summe of one hundd pounds sterl. being for value received here of llezekia usher in Corne Loading abord the shipp Sarah, Anthony Jenkins Master, at the time, I pray make punctual paymt & place it to Acco as p Advice.
To M' Hamond Ward mercht dd London
Yors to Command John Sampson 30 (2) 1651 Boston in N: Engl: ye 13th of Decembr 1650 Att or before the twentie fifth of June next insueing the date of this or first bill of Exchang or second & third not being pd, of the same tenor & Date, wee pray you pay or cause to be pa the just sume of fifty pounds sterl. Unto Hezekia Usher or his Assignes for the value received, at his day faile not to make punctual payment hereof & place it to or Acco.
To M' Thomas Bell mercht. these in London.
Yor loveing friends John Allen ffrancis Norton.
Indorsed. Mr Tho: Bell This Bill of fifty pounds I assigned over to bee placed to the Joint account of yor selfe & mee, Witnes my hand this 26th Decemb. 1650.
p me Hezekiah Usher
January the 10th 1650.
30 (2) 1651. Recd of Mr John Browne aboard the John & Thomas eighteene skins & two peeces of Bever containeing in weight thirty foure pound marked wth ISE Nº. 1. to be dd to Edward Shrimpto at the Goulden Key in Cannon Streete.
I say recd. Thomas Pott:
[Page 342.]
1 (3) 1641 Be it knowne unto all men by these pnts that I John Allin of Charlstowne in N: England & now Comander of the good shipp called the Wm & George of the aforesd towne, doe bind my selfe my heires Exectors & Admrs for to pay or cause truly to be pa unto John Hull gould smith of Boston in N: Engl. aforesd the full & just summe of thirty pounds sterl in good & lawfull moneys of England to be pd unto the sd John Hull or to his leires Exec Administr or assignes wthin ten dayes after the arrivall of the aforesd shipp at Boston aforesd or at London in England wch the sd John Hull shall make choise of. & for the true
382
ASPINWALL NOTARIAL RECORDS.
pformance hereof I have hereunto sett my hand & seale Dated in the Island of Barbados the 26th of March 16.51
Signed sealed & dd I promise to satisfy this bill thirty
in pace of us dayes after arrivall wth or shipp in Symon Lynd safety in London. pme Tho: Nevinson. John Allen & a seale.
Indorsed
Mr John Allen pray pay the wthin written bill to Tymothy Pronte So I shall remaine yors
1 (3) 1651.
John Hull:
5 (3) 1651 Bee it knowne unto all men by these pnts that I Sampson Lane of Strawberry banek in the river of Pas- cataqs N: Engl: mercht have constituted deputed apointed & in my place & steed put my trustie & welbeloved brother Ambrose Lane, at p'sent of the same place & Country mercht my true & lawfull Atturney, for mee & in my name to sue ar- rest declare implead imprison & condemne Rich: Cutts & John Cutt of the place aforesd or any other pson or psons what- soever & in what Country soever or any of theire Exec. Ad- minist or assignes uppon any bonds bills or any other specialty or specialties notes accounts reckonings dues debts demands what soever & out of prison againe to deliver, Atturney or Atturneys for the doing thereof under him to ordein & ap- point & att his pleasure againe to revoke acquittance or acquittances for mee & in my name to make seale & Delivr. & moreover to doe execute & pforme for mee & in my name all & what soever my sd Atturneyes shall thinck convenient. & what soever my sd Atturneyes shall doe or cause to be done herein, I doe pmise to ratify allow & confirme by these pnts. In witnes whereof I have hereunto set my hand & seale Ydover the twentie fourth day of March. Anno Dni 1648.
Sealed signed & dd in pnce Sampson Lane & a seale of us Thomas Kelland ffrancis Ball.
[Page 343.]
A copie of the 5th Article betwixt John Tuttle of Boston in N: Engl: - & Wm Stanley Peter Legay on the other pt of the towne of Hampton. 1 Mar. 1650.
22 (3) 16.51 Itm for the further secureing of the sd summe of foure hundd foure score & seven pounds fyve shillings six pence & the due payment & satisfaction thereof wth interest for the same in such manner & forme & at such
383
ASPINWALL NOTARIAL RECORDS.
time & place as is before mentioned & expressed [scilicet two hundd pounds in money sterl wth in thirty dayes after demand at the house of the s' John Tuttle as Article. (1) & two hundd foure score & seven pounds fyve shillings six pence in merchandise & pvisions such as the sd Stanley & Legay shall demand wth in thirty dayes after demand as aforest, as in the (2) article, or els in money as in the (3) article : wch allowance of 8 p cent both for the money & goods from the 15 (9) last untill the day of paymt] & for the further & better secureing the pformance of the sd first recited Articles of covenants & these present articles covenants & agreemts aforesd. the sd John Tuttle doth by these p'sents demise grant bargaine & sell to the sd W.m Stanley & Peter Legay theire heires Executors Administ. & Assignes all that his messuage or house & lands containing one hundd & fourty Acres more or lesse scituat & being in Ipswich in N: England, now in the occupation of the sd Jo: Tuttle John Gage & John Pittis or theire Assignes wth all Barnes stables buildings woods & appurtenances whatsoever thereunto belonging, wth all other his lands & tenements wth the appurtenances in N: Engl. aforesd. for the full terme & time of fourescore & nineteene yeares from the day of the date of these presents wth out im- peachmt of waste, at the yearly, rent of one pepper corne payable uppon the 25th day of March yearly if it be lawfully demanded.
And the sd John Tuttle doth by these pnts Covent & pmise for himselfe his heires Execut & Administr that they the sd Wm Stanley & Peter Legay theire Execut Administr ffactors or Assignes shall & may peaceably hould & enjoy the gd house & lands wth the Appurtenances free from all incum- brances wthout the lett or denyall of any pson or psons what- soever dureing the sd terme : & that he the sd John Tuttle his Exec Administ or Assignes shall & will wth all Couven- ient speed cause & pcure this p'sent grant of the sd house & lands to be duly registred & enrolled according to the use & custome of that Country & shall & will at all times here- after whensoever he or they shalbe thereunto required by the sd Wm Stanley & Peter Legay theire Execut Administrat ffactors or Assignes doe & execute all other acts requisit or necessary for the better confirmation & conveying of the sd house & lands wth appurtenances unto the sd Wm Stanley & Peter Legay theire heires Execut Administrat's ffaetors & Assignes for the terme & time aforesd.
Provided that in case the above sd payments be made as in the 1. 2. & 3 Articles then the sd bargaine & sale to be void otherwise to stand in force. as Article. I. These Mr
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ASPINWALL NOTARIAL RECORDS.
Tuttle in a tre from Southampton 6th March 1650. unto Mr John Gore of Roxbury he did desire might be recorded.
24 (3) 1651 Be it knowne unto all men by these post that Samuel Garnet of the Parish of St Olaves in Southwarke in the Count of Surrey, wooll Cardmaker doe hereby assigne authorise make depute appoint & constitute Wm Humpreys, of Lond. barber Chirurgeon my true & lawfull Attr for me & in my name & steed & to my use to aske demand sue for recover & receive of &
[Page 344.]
from ffrancis Smith of Boston in N. England wooll card maker his Execut" & Administr all that summe of fourty pounds of lawfull money of Engl. wch is due & forfeited unto mee by vertue of one bill obligatory bearing date the last day of Aprill 1646. made & entred into by the sª ffrancis Smith unto mee the sd Samuel Garnett & Uppon receite of the p'misses or any pt thereof to make & give sufficient acquittance for the same giveing & by these presents granting unto my sd Att" my true & lawfull Authority to sue implead psente pursue seize sequester arrest attach imprison & to compound agree release acquitt & dis- charge & one Atturney or more under him to susbtitute & at his pleasure to revoke. & further to doe & pforme such further act & acts thing & things whatsoever as shalbe meete needfull & expedient to be done & pformed in or about the premisses. to the use aforesd & what soever my sd Att" or any his substitutes shall lawfully doe or peure to be done in or about the p'misses to the use aforesd. I doe & will ratify confirme & allow the same for good & effectuall in law at all times hereafter by these pnts. In witnes whereof I have hereunto putt my hand & seale. Dat. 14th day of ffel: Annº Dni 1650.
Signed sealed & dd in yr presence of John Browne
Samuel Garnett & a seale.
Sam: Doggard servis to ffra : Manesley. scr:
26 (3) 1651. Gravesend the 13th March 1650
At ten dayes sight of this my first Bill of Exchang the second & third not being pa, pray pay unto M' Robt New- man Mr of the Teneriff Mercht. the value of sixty pounds in good wheate as the price is Curret in the Country of N: Engl. pray faile not to make him good paymt & place it to Acco as p Advice & I shall rest
To M' Valentine Hill at
Yo's Giles Barrowe.
Boston in N. Engl. dd.
385
ASPINWALL NOTARIAL RECORDS.
Uppon the 26th day of May 1651 according to the Acc". of England Before mee W" Aspinwall Notary & Tabellion publ by Authority of the Generall Court of the Massa: admitted & sworne, psonally appeared Mr Robt Newman & p'sented a bill of Exch: the Copie whereof is above written & required mee to ptest the same. Accordingly I the sd Notary did re- paire to M' Valentine Hill & demanded paymt of the sd bill, whereto the s" Mr Hill answered that he could not pay in kind as the bill requires neither did he give order to M' Giles Barrow to draw uppon him for wheate, but had formerly ex- pressed to the sd Giles Barrow in what kind he could pforme, to witt in pipe staves or bolts, & Mr Barrow accepted of such tender wth reference to Mr. Caleb ffoote what he should doe therin. Wch answr being given I the sd Notarij did ptest & by these presents do ptest against the sd Mr Giles Barrow the drawer of the sd bill or any that are therein concerned, for Exchang & Rechange & all damages losses & interests wch. the sd Mr Robt Newman. hath suffred or yet further may suffer for non acceptance of the sª bill for all weh the sd Giles Barrow shalbe responsall in time & place convenient. Thus done & passed in the towne of Boston in New England by mee the Notary aforesd.
Quod virtute officij &c:
[Page 345.]
3 (4) 1651 Be it knowne unto all men by these pntes that I Henry Parks of London mariner have made ordeined & constituted & by these pnts do make ordeine & constitute & in my steed & place putt my welbeloved wife Johan Parks now in N. England & my very loveing friend Rowland Bevan · of Boston in N. England aforesd mariner my true and lawfull Atturneyes & Assignes in this behalfe, that is to say, for me & in my name & to my only prop use & behoofe to have take receive use possesse & enjoy the benefit use & posses- sion of all that the good shipp of mine wth the tacklings thereunto belonging called the Begining. At any port place or harbours as my said Atturneyes shall first light of the same according as they shall seeme good, & to dispose of the same shipp wth the taeklings as to my sª Atturneyes shall think most convenient & fitting: And also to aske demand leavie sue for recover & receive of all and every pson & psons whatsoever all debts dues summe & summes of money now due or wch at any time or times hereafter is shall or may be due or oweing unto me for or in respect of the shipp aforesd or by any wayes in any manner of wise. And I doe by these prsents revoke all & every former other Assignments
386
ASPINWALL NOTARIAL RECORDS.
or trs of Atturney by mee at any time heretofore made & granted & doe hereby declare the same to be void & of none effect. Giveing & by these presents granting unto my sd Atturneyes my full whole power & lawfully Authoritie in the p'misses to doe say sue psecute attach arrest distrein implead imprison condemne & out againe to release acquitt & discharg And one Atturney or more under them to con- stitute & at theire pleasure to revoke And uppon the receipt of any summe or summes of money aforesd an acquittance or some other lawfull & sufficient discharge for me & in my name & as my act & deed to give make seale & deliver & generally all & every other lawfull act & thing whatsoever requisit or necessary to be done in or about the premisses to doe execute accomplish & finish for me & in my name & to the use aforesd in as large & ample manner in all respects as I my selfe might or could doe the same in pper pson, holding ratifying & confirmeing for firme & irrevocable all & whatso- ever my sd Atturnys or either of them shall lawfully doe or cause to be done in the premisses by vertue of these presents In witnes whereof I the s" Henry Parks have hereunto sett my hand & seale. Dated the 12th day of ffeb. in the yeare of or Lord 1650
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