USA > Massachusetts > Suffolk County > Boston > Volume relating to the early history of Boston, containing the Aspinwall notarial records from 1644 to 1651 > Part 4
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[Page 21] are or shalbe due or oweing unto us or either of us or to the said Phillip Jackson uppon or by any of the said Bonds bills or specialties. Giveing & by these presents granting unto of said Atturney of full power good right & lawful Authority for us & in or names & steeds to sue arrest impleade condemne & imprison the said pson & psons or any of them And them or any of them out of prison againe to deliver or cause to be delivered. And also to compound wth them or any of them concerninge the prem- isses, & after the receipt thereof or composition made acquit-
28
ASPINWALL NOTARIAL RECORDS.
tances or other lawfull discharges for the same for us & in or names & steeds to make seale & deliver as or . Acts & deeds. Atturney also one or more under him to make & substitute & at his pleasure the same to Revoke. And gen- erally to doe execute performe fulfill & finish all & every other thing & things whatsoever wch shalbe needful or neces- sary to be done in or about the said premises in as large ample & beneficiall manner & form as we o'selvs or either of us may or might doe if we were there psonally present Rati- fying confirming & allowing all & whatsoever or said Attur- ney shall doe or cause to be done in the premisses to be as good & effectual in lawe as if we had done the same in or owne psons. In witnes whereof we the said Joseph Jackson & Hugh Browne have hereunto sett or hands & seales the therd day of March Anno Regis Caroli nunc Angle &c: vicefimo Primo
Annoque Dni: 1645.
Subser :
Sealed & Delivered & the
name (Humphrey Southcot)
Joseph Jackson & a seale
was interlined before then seal ing thereof : in the presence of Thomas Browne John Hughes & John Hartwell
Hugh Browne & a seale
10. (6) 16.46 By vertue of this tre of Atturney the wthin named wm Stratton constituted Ri: Russell of Charls- towne his Atturney or Substitute wth the like power.
[Page 22]
11 (6) 1646 I Wm Aspinwali Notary uppon the Affi- davit of James Cary & Henry Way that were appointed to cull the ffish & see it weighed abord the Mary of London, that there was no more ffish weighed & delivered uppon the Account of Benjamin Whetcomb & George Gifford merchts save xiijC & seventy seven Kintalls of fish: Did protest against Major Robert Sedgwick & Robert Houghton or who- soever also was therein concerned for all Damadges wch the said merch's have or shall susteine for not Delivering the quantity of xvC Kintalls according to Covenant. and in the protest was interlined (no) & (Sedgwick).
14 (6) 1646 Jeremy Norcrosse of Watertowne assigned over unto Raph woory of Chalstowne a Bill of eight
29
ASPINWALL NOTARIAL RECORDS.
pounds fyve shillings to be payd in Merchtble Beaver at price Current or in a good bill of Exchang for England uppon the 1º% of 7ber next ensueing or before in case any shipp goe for England. Dat. 31. Jan. 1645. Assigned : 14 (6) 1646.
18 (6) 1646. Edward Tyng granted unto Thomas Lake a tre of Atturney to aske leavie recover & receive of Samuel Martin eight poundes fourteene shillings due for sixe cases of strong water at 298 a piece to be pd in money or Bever & of the receipt to give acquittance in due forme. also to sue &c : wth power to substitute one Atturney or more wth like or limited power. witnes his hand.
18. (6) 1646. A certificat of the Measure of 5 pieces of ffrench linnen marked 60* 60. 61. 62. 63. Received fro Joshua Woolnow of London by Robert Scot of Boston wych côteined 353 English Ells.
18 (6). 1646 Mary Hawkins the wife of Capt Thomas Hawkins did Constitute Thomas Lake of Boston her lawfull Atturney to Recover a bond of 50" due from Thomas Skinner unto Edward Paine of wapping Mariner weh bond wth others was by her recovered in due course of lawe at a Court held at Boston 2 (7) 1645. wth power to make acquittance & to prosecute &c: & to substitute one Atturney or more wth like or limited power./
[Page 23]
12. (7) 1646 An Attest unto a Copie of a bond wherein Major Rob: Sedgwick bindes himselfe in seven hundred pounds unto M' Tho: ffowle uppon condition to pay him sixe hundred Kintalls of Merchtble dry Cod fish the 23 (4) of wch Mr ffowle acknowledgeth the receipt of 350 Kintalls the 6 Augut 1646.
19. (7) 1646 Hugh Burt of Linne granted a tre of Atturney unto James Everill of Boston Shoomaker' to Ask & receive of Susan Burt the widdow Relict of Thomas Burt of Darkin in the County of Surrey Deceased & sole executrix of his last Will & testament the sume of twenty pounds the Annuities of the two yeares last past granted him by the last will & testament of the said Thomas Burt deceased & of the receipt to give acquittance in due forme Also to sue impleade &c : wth power to substitute others wth like or
30
ASPINWALL NOTARIAL RECORDS.
limited power, & promis to Ratify the same. Sealed in the presence of the Notary:
29. (7) 16.46 A tre of Atturney from Dav: Selleck to Edmund Leach of Newhaven mercht to aske leavie recover & receive of Nathaniell Duncan Junior of Boston Mercht the sume of lxijli xs due to him for part of his Catch called the Adventure sould by the said Nathaniell in Virginia & of the receipt to give acquittance & to doe say pursue implead arrest &c: & power to substitute one Atturney or more wth like or limited power:
3. (8) 1646. Thomas Coleman granted power by tre of Atturney unto Capt Robert Harding of Boston to aske &c: all writeinges touching his house in Esstum in the County of worcester weh are in the hands of John Albright or any other, & the said house to lett or sell & make seale & Deliver deeds or writeings of the same, & to receive the rent for the time past due ; Also to receive the Remainder of a Legacie in the hands of John Norton of Cotherstock Esq" granted by the will of John Coleman of Cotherstock in the County of Northampton Carpenter deceased & to give acquittance in due forme, & to appeare in any Court or Courts there to require law ayde favor & Justice to doe &c: all such pson or psons upon the premises shall any way concerne, wth power to substitute one Att: or more &c:
10. (8) 1646 A Copie of Mr Berckleyes acquittance.
Know all men whom it may concerne that I William Barkley of Summer Islands do firmly by these pntes cleare & acquitt Capt Thomas Cromwell of London & his Assignes from all debts & demands either from the ship Anne due to mee the said William Barkely. or any other account what- soever from the beginning of the world to the date hereof, to wch acquittance I the aforesaid Wm doe binde my selfe & my assignes
[Page 24] firmly by this presents subscribed & sealed this fifth day of October in the yeare of or Lord Anno. 1646. Subscribed and delivered subscr: William Barkeley & a seale.
in the presence of. Robt. Harding. John Winthrop. William Vassall. 1
Adamı Winthrop.
30 (7) 1646 David Selleck of Boston soapeboyler acknowledge to have received for the Account of M' Henry
31
ASPINWALL NOTARIAL RECORDS.
Ashurst woolen Drap. at the signe of the 3 kings in Watling Streete in London the sum of ffifty pounds sterling & doth hereby bind himselfe his execut. & administrators unto the said M' Henry Ashurst in double summe uppon this Con- dition that if the s' David pay or cause to be pd unto the said Henry Ashurst his execut. administr. or assignes or any of them the aforesaid sume of ffifty pounds sterl wth in ten dayes after his arrivall at London or uppon the last of July next ensueing the date hereof wchsoever shall first happen at the signe of the 3 kings in watling street in london afore- said, that then this present Obligacon shalbe utterly voyd or other wise to remaine in full force & strength In witnes whereof the said Appearer hath put to his hand & seale. Thus don & passed in the towne of Boston & in the presence of the sd Notary.
10. (8) 1646. A tre of Atturney from Henry Bartholw Executor of Richard Bartholmew unto Thomas Bell of Rox- bury to receive for the use of Joseph Weld of Roxbury 258li. & to give acquittance or sue for the same.
13. 8 1646 A tre Atturney from John Manning of Boston Mercht unto Isaac Allerton of Newhaven Mercht to aske leavie recover & receive of Thomas Bushrode in Vir- ginia merch his exer. adminst: goods effects actions creditts where ever they may be found the valew of 16804 pounds tobacco due to him vppon Accounts, & certaine other moneys pd for him uppo his Bills of Exchange & to com- pound agree &c: & to substitute other under him wth like or limited power : &c :
[Page 25.]
16. (8) 1646: Capte Robert Harding doth Covenant wth John Milom that the Shipp Supplie shall goe no neerer London than Margaret Rode, & if she doe then doth he release John Milom from his securitie added to the sale of the eight part of the said shipp witnes his hand. the 16. (8) 1646.
Robart Hardinge
20. (8) 1646. A tre of Atturney from Christopher Lawson unto Barnabas ffawer to recover & receive certaine Legacies due unto his wife by the last wills & testaments of Henry James & Thomas James of ffilton in Glostershire . . . . as by the said wills may appeare & of the receipt to give acquittance in due forme, also to compound & agree &
32
ASPINWALL NOTARIAL RECORDS.
to appeare before all Lords &c; wth power of Substitution wth like or limited power :
20. (8) 1646. An Attest of certaine Copies as follow- eth : Capt wells is Debtor as folleth 1645. 3 qr C is 8'i of ould thin is C hag } li d
01-10-10 s
Chag att 378 4ª p C-
wm Crofts.
Ree the 16th of Aprill 1646 2 of Mr Richard Bartholmew the some of thirty shillings & sixe pence by the appointment of Mr Joseph Wells & is for the use of my Mr w" Crofts
p me Joseph Stupley
Received the 19 Aprill 1646 of Mr Richard Bartholmew by the appointment of Mr Joseph weld in full payment fyve pounds ten shillings for the use of Ste: Beale & my Mr Na: Lacey 7
li 5-10-0
p John Howell
Reed the 18th of Aprill 1646 of Mr Richard 1 Bartholmew by the appointment of M Joseph Wells in full payment of all reckonings the sume of twenty foure pounds foure shillings & sixe pence for M' John Humfrey.
li d
24= 04 = 06 S
p me Samuel Crosse
[Page 26.]
I Daniel Gookin do acknowledge myself indebted to Capt Joseph weld the sunie of sixe pounds seventeene shillings & sixe pence, whereof fyve pound is to be payd in England to M' Thomas Bell this returne & the other one pound eighteene & 6ª in Country pay here at demand : both theise somes are leadry: [sic. ] included in a bill obligatory of twenty fyve pounds : witnes my hand this 7th of October. 1646
p me Daniell Gookin. 1
1646
Bought & Rec of Richard Bartholomew 10th
33
ASPINWALL NOTARIAL RECORDS.
1-3-20 1-3- -
1 of bever barke (this was yor owne Bever 1-3- 8 )
5-2-1-617ªb L u for Cords 11
6152 nett weight at 8$ 2ª pli-251-06-07 Itm 1.2.22ª 190 (this was Mr Bartholmewes bever) for Cords & bags ) -1 189 nett at 8$
Bever agreed to be hª for Spli is 077-03-06
whereof had to his owne Hand Then he had by appointment
328-10-01
050-00-00 050-12-00
100-12-00 227-18- 1
Rest due to pay Rich Coysh Itm ten shillings in the whole
000 -- 10-00
228- 8 -- 1
Received Aprill 19. 1646 of Mr Richard ) Bartholmew the sume of fourty pounds by the appointment & in part of the Debt of M! Joseph weld of Roxbury in New England for the use of my M' Thomas Player
401b I say rec
p me Tho: Eastland
Received the 15.º of Aprill 1646 of Richard Bartholmew the sume of ten pounds by the appointment & for the use of Mr Joseph Weld of Roxbury in New England. I say Received
Ann Carter.
[Page 27.]
Be it knowne unto all men by these presents, that I Edward ward of Ipswich in the County of Suffolk hosier, have remised, released, & altogether for mee, my exerrs, & administrs, quite, claimed, & discharged unto Joseph weld of Roxbury in New England mercht All & all manner of actions, suites, debts, dutys, summe & sumes of money, bills, bonds, obligatons, accounts, reckonings, trespasses claimes, & demands whatsoever wch against the said Joseph Weld I doe had, might have had, now have or at any time hereafter
34
ASPINWALL NOTARIAL RECORDS.
shall, or may have, for, or by reason color or meanes of any act, matter, cause, or thing whatsoever from the beginning of the world, untill the day of the date hereof witnes my hand & seale Dated the 29th day of march Ano din 1645. And in the one & twentieth yeare of the Reigne of of Sover- eigne Lord King Charles &c :
Edward Ward & a seale.
Sealed & delivered in
the presence of Richard Bartholmew & Jnº Byrd seryt to Chr: Townsend Ser:
21. (8) 1646 Richard Williams of Taunton in N. E: Tanner sonne of wm Williams late of wootton under edge ffuller deceased hath made ordained &c: his brother Samuell Williams of Essington in Glocester shire ffuller his true & lawfull Atturney granting his sd Atturney full power &c : to alien & sell all his right title claime & interest in & unto a Tucke mill & certaine lands thereto belonging scituate & being in the Tything of Sinwell adjoyning to wootton in Glocester shire aforesaid & deeds or evidences of the same to write seale & deliver in his name according to lawe & the custome of the place. Promising to hould for firme &c :
21. (8) 1646 An Attest unto a Bill of Nathaniell Ax- tells of 4" 10s to Giles Elbridg to be pd unto willm Eliot M' of the white Angell. & w™ Eliots receipt of the same. Also a note of the Surgeons Charges & receipt of fourty shillings by the surgeon in full payment. Also a bill of 3 !! 98 payd amongst the Companie in the ship.
21. (8) 1646 An Attest to two Copies of affidavits the one Willm Walderne the other darbie ffield. see the booke of Affidavits. p. 28.
22 -
(8) 1646 A tre of Atturney from Samuel Adams of Braintre in N: E: yeoman & Mary his wife the daughter of Manuel Eglessfield late of London Haberdasher unto John Doe salter at the Tonne in woodstreete in London to aske leavie &c: of the Executors of Mannuell Eglessfield & the executors of his mother Deceased certaine Legacies granted by the last will of the sd Manuel & his mother unto marie the daught" of the said manuel & wife of the said Samuel Adams, & of the receipt &c : also to compound & agree & to appeare before all Lords &c: but wtbout power of substitu- tion./
35 .
ASPINWALL NOTARIAL RECORDS.
[Page 28.] 23. (8) 1646 Novembr the 4th 1644. Rec the day & yeare above written of Dan- iell Cole of Plimouth to the valew of Eight- teene pounds three shillings & ten pence sterling in the severall accounts vizt = one steere six pounds seventeene sixe pence p the accots of Major Sedgwick thirty shillings & foure pence p the accot of Mr Waker twenty fyve shillings p a Cow foure pound & ten shillings p the accot of Corne for barley & pease foure pounds one shilling all the severall accounts amounting to the first summe above written being for the use of M' Pollington of London,
li S d
18 : 3 : 10
I say Rec Attested under Thomas Hawkins.
my hand. 23(8)46.
24. (8) 16.46 A tre Attorney from William Colton unto Robert Codman of Connecticot to aske leavie &c of John Edwards of Connecticot twenty two bushells of Indian Corne due unto Sibill his wife late wife of Thomas Wyat. & to appeare before the Governoe & Assistants there to require law ayd &c : wthout power of substitution.
23 (8) 1646 A tre Atte: from Th: Mayhew & Jane his wife (formerly the wife of Thomas Paine of London Mercht) unto Capt Robert Harding of Boston to enter uppon & make lease of lease of [sic] any the lands & tenements of Thomas Paine the sonne of the said Jane & Tho: Paine deceased wch lands are scituat in Whittlebury in Northamptonshire so that the said lease exceede not two years & so as no such lease be made in Reversion. Also to place or displace any of the tenants that now be or hereafter shalbe and to receive All Arriearageges Rents Issues pfitts that either are or shalbe due unto the said Tho: paine the younger or them his Guar- dians for his use. & of the Receipt to give acquittance in due forme & to appeare before all Lords &c: to sue im- pleade &c: wthout power of substitution : &c Revoking all former letters of Atturney. Signed by them both & sealed.
[Page 29.]
27. (6) 1646. I Wm Hudson of Boston Junior doe hereby bind & ingage my selfe mine heires & executors to satisfy unto M' Roe or otherwise as the Court shall see good so
36
ASPINWALL NOTARIAL RECORDS.
much rent as is due from Henry Dawson for his part wch amounts unto seven pound : Witnes my hand this 27 (8) 1646.
Subscrib:
William Hudson.
Teste William Aspinwall Notarius pub:
30. (8) 1646. A protest of a bill of seventeene firkins of Sope directed to goodman Gibson by David Selleck to be payd to M' Edward Tyng.
2 (9) 1646 Thomas Hawkins appointed Capt Robert
Harding his Atturney to aske leavie recover & Receive of John Beanes Mr & part Owner of the good ship called the Recovery of London the sume of seven pounds ten shillings due by bill to Silvester Ladimore & assigned to the sd Tho: Hawkins & of the receipt to give acquittance in due forme also to compound & agree & to appeare before all Lords &c: wthout power of substitution.
3 (9) 1646 An attest unto a Copie of a Bill wherin John Thompson doth promise Stephen winthrop not to take advantage nor ptest against his Bill of Exch: for fifty for non paymt according to time limited because he knew & was tould by the said Stephen winthrop that the money was not due of a long time after & yet he accepted of it. Dat. 20 (10) 1643.
Also unto a Lett' Atturney irrevocable to Benjam. Gillom & Edw: Hutchinson to enter & take possession of the Iland called Thomsons Island in his name but to theire p. use, & after such seisin the same to hould to them & theire heires forever. wth power to sue & implead any that shall oppose the same. Dat. 22 (10) 1643.
Also to a bond of an hundred pounds wherein Sam. Maverick & John Thomson do bind them selves to Stephen Winthrop that Ben Gillom & Edw. Hutchinson Att: of the said John Thomson shall recover quiet & peaceable posses- sion of Thomsons Iland before December next, or else that he will Repay the fifty pound wch he was to receive of Stephen winthrop wth just forbeareance, unto the said Stephen. Dat. 25 (10) 1643.
Also a bond of fourty pound wherein John Thomson & Samuel Maverick do bind themselvs to Stephen Winthrop that John Thomson should send or pcure to be sent the Originall grant of Thomsons Iland or a Copie thereof to be extant in the Court by September next. Dat. 25 (10) 1643,
37
ASPINWALL NOTARIAL RECORDS.
[Page 30.]
4 (9) 1646. John & Anne ffloyd of Scituate mercht granted a tre Atturney to M' Chr: Rogers head of New Inne hall in Oxford & MT. John ffreeman of London mercht to take all Legacies wch are or shalbe due unto his wife by the decease of any of her brethren or frends, Also to receive a debt of six pounds due from Samuel Greaves & to compound &c : & to appeare before al Lords &c. to doe say pursue implead pesecute &c :
4. (9) 1646. A letter of Atturney from Bridget Bland of charlestowne widdow relict of Wm Bland late of Oxford glover unto Mr Chr: Rogers head of New Inne hall in Oxford & John ffreeman of London Mercht to receive all such Legacies as are or shalbe due to her by the decease of any of her brethren or frends & to compound &c: & to do say pursue implead &c :
11 (9) 1646. A tre of Atturney from John Sheene late of Hampton Poyle unto Thomas Sheene of Wallingford in Berkshire yeoman to Receive of Thomas Paine of the same Yeoman or his executors all sume or sumes of money due unto the said John by a Contract of Mariage, & of the Receipt to give acquittance &c : & to compound &c: & to appeare before all &c: to doe say pursue implead prosecute arrest &c: & to substitute one Att": or more wth like or limited power. signed & sealed.
14 (9) 1646 Bee it knowne unto all men by these pntes that I Abraham Shurt of the Citty of Bristoll Mercht have remised released & for mee my exer adminst & assignes & every of them forever quite claimed unto Giles Elbridge of the same Citty mercht (execut of the last will & testa- ment of Robert Aldworth late of the same Citty mercht deceased ) his heires exer & adminst & every of them All & all manner of accounts suites plaints debts debates quarrells accounts reckonings books bills bonds obligacons Judgments executions & demands whatsoever wch I now have or may have against him the said Giles Elbridge his heires exrc8 or administrators for any matter thing or cause whatsoever from the beginning of the world till the date hereof. Witnes my hand & seale the Eleventh day of November Anno R Caroli Angl &c : undecimo 1635.
Abraham Shurt & a Seale.
Sealed & Dd in the prsence of William Cock William Wallweynd H Weaver Scre:
38
ASPINWALL NOTARIAL RECORDS.
This is a true Copie of the Originall as it was presented to mee by Robert Knight :
[Page 31.] 14 (9) 1646 This Indente made the eleventh day of November Anno R Caroli nunc Angl &c: undecimo 1635. Witnesseth that Abraham Shurt of the Citty of Bristoll Mercht hath putt & bound him self a Covenant servant wth Giles Elbridge of the Citty aforesaid Mercht to serve dwell & abide in New England in America after the manner of a Covenant servant for & dureing the terme of fyve yeares, to be accounted from the day that the said Abraham Shurt shall happen to arrive at New England aforesaid & fullie to be compleate & ended. Dureing all wch said terme of fyve yeares he the said Abraham Shurt doth Covenant by these pntes to serve dwell & abide wth the said Giles Elbridge in manner & forme aforesaid And that in all things accord- ing as a true diligent obedient & faithfull Covenant servant ought to doe shall use & behave himself as well in words as in deeds And bee ready to depart wth the good shipp called the white Angell of Bristoll now bound for New- England aforesaid And that hee the said Abraham Shurt shall not at any time or times hereafter dureing the said terme barter or exchang or buy any goods wares or mer- chandises wth or for any pson or psons whatsoever but only to & for the only use & behoofe of the said Giles Elbridge & his heires. In consideracon whereof the said Giles Elbridge doth for him his heires exec & administr8 Covenant by these presents to find and pvide unto the said Abraham Shurt dureing all the said terme competent & convenient meate drinck & lodging according to the custome of New England aforesaid And also shall and will well & truly content & pay unto the said Abraham Shurt or his Assignes for & in respect of his service aforesaid yeerly & every yeere for & dureing the said terme of fyve yeares the yeerly Annuity of three score pounds of lawfull money of England p. ann. And lastly shall & will pay for the pass- age & dyet of the said Abraham Shurt to & from New England aforesaid. In witnes whereof the parties to these pntes Indentures interchangably have put theire hands & seales the day & yeare first above
Abraham Shurt & a seale
written Sealed & dd in pesence of William Cocke William Wallweynd H Weaver Scr :
39
ASPINWALL NOTARIAL RECORDS.
This is a true Copic of the Originall as it was psented to mee the Publ Notary by Robert Knight.
[Page 32.]
14. (9) 1646 These are to certify whomsoev' it may concerne, that I Samuel Cooke of Dublin in the Kingdom of Ireland merct: have appointed my welbeloved frend Edw : Allen of Dedham in New England gent to be my good & lawfull assignes, to take & receive to my use all my part of the freight & goods shipped in the good ship called the Guift of Barnstable, to be dd at Boston in New England (If god pmit) All wch said goods I doe hereby Authorize the said Edw: Allen to sell & dispose (to my use) at New England aforesaid, according to certain tres of Advise to him directed, & whatsoever my said Assignes shall do herein, shalbe as effectuall to all intents & purposes, as if I my selfe were psonally present at the doeing thereof, or did the same, In witnes whereof I have hereunto sett my hand & seale the tenth day of March Annº Dni 1639.
Samuel Cooke & a seale.
John Stile witnes hereunto Thomas Marven John Bennet his marke.
And in a tre of advise bearing Date March 1639 & written & signed wth the same hand as to mee it did clearly appeare, it is thus written as followeth.
I have made bould at this time to send unto you the ship called the Guift of Barnstable wth a Copie of the Charter parte, she being freighted by my selfe & some others whom I accepted to Joyne wth mee therein, chiefly of one M' John Smith, the marke uppon the goods standing for my name & his, wee being partners therein, I for my part consigneing myne to your selfe, desireing you in my behalfe to take care thereof. &c: And after direction to lett John Stile & Thomas Marvin have some stock according to Covenant, it followes : The rest of the stock I desire you to dispose thereof to my best advantage as you see fitt.
16. (9) 16.46 James Carr bound himselfe a Covenant servant unto John Bayes of Barbados & Anne his wife for 2 yeares after his arrivall at Barbados : they to find him meate drink lodging washing & 3 paire drawers 3 shirts & 3 paire of shoes yearly during his terme & at the end thereof 9li to be pd in Cotton woll Indico or sugar at price there current.
40
ASPINWALL NOTARIAL RECORDS.
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