USA > Massachusetts > Suffolk County > Boston > Volume relating to the early history of Boston, containing the Aspinwall notarial records from 1644 to 1651 > Part 7
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[Page 51.]
to the said Henry Sewall Junior & Jane his wife dure- ing theire Naturall lives, the Remainder to the said Henry Sewall Junior & the heires of his body lawfully be- gotten for ever, & the Remainder to the said Henry Sewall senior his heires & assignes forever, & to no other use & uses whatsoever. And that all the rents issues & profitts that have beene received & taken by the said George ffox- croft & John Atwood or either of them theire executs ad- minist8 or assignes of all the said Messuages Cottages Tofts Dovecotes lands tenements & hereditaments wth the appnr- tenances & of the said Anuity & premisses & also what money hath beene raised & received by the said Georg ffoxcroft & John Atwood or either of them theire executs Administr or Assignes uppon the sale of any of the said premisses (& not already received by the said Henry Sewall
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ASPINWALL NOTARIAL RECORDS.
Senior) shalbe divided into three equall parts & disposed of in manner & forme following, that is to say, two parts thereof shalbe demanded & received by the said Henry Sewall senior or his assignes for his own ppsr use & behoofe, of the said Georg ffoxcroft & John Atwood or either of them theire execut8 administ" or assignes, And the other part being the remainder of the said three pts shalbe de- manded & received by the said Henry Sewall Junior his assignes, for his owne pper use & behoofe, of the said George ffoxcroft & John Atwood or either of them, their execu- tores administs or assignes, & the charge & expense of ob- taineing the said Rents issues & pfitts & moneys above mencioned (if any be) shalbe pportionably deducted out of the said three parts. And the said Henry Sewall senior doth further covenant conclude & agree to & wth the said Steven Dummer, that all grants ffeoffments bargains sales fines & recoveries heretofore had or hereafter to be had levyed or suffered shalbe to the use & uses as in this pesent Indente formerly limitted & appointed, & to no other use intent or purpose whatsoever. And it is covenanted & agreed by & betweene the said parties to these presents That the said Henry Sewall senior for himselfe his heires & assignes shall & will from time to time & at all times hereafter at the reasonable request of the said Steven Dummer his heires & assignes or any of them, make acknowledge execute & suffer to be had made done acknowledged & executed all & every such further and reasonable act & acts whatsoever be it by deed inrolled or not in- rolled fine or fines recovery or recoveries feoffment re- lease confirmation or otherwise, as by the said Steven Dumer his heires or assignes, or his or theire or any of theire Councell learned in the law shall be reasonably De- vised or advised & required for the further assureing & more firme & sure makeing or conveying of all & singular the aforementioned premisses to the said Henry Sewall Junior & Jane his wife for theire lives the remaindr to the said Henry Sewall Junior & the heires of his body lawfully begotten forever, as before is limited & expressed. Pro- vided that the said Henry Sewall senior be not compelled to travell above fourty miles from his dwelling. And it is further concluded condiscended unto & fully agreed be- tweene the said Henry Sewall senior & the said Stephen Dummer, and the said Henry Sewall senior for himselfe his executors administrat8 & assignes doth covenant & promise that all conveyance or conveyances assurance or assurances hereafter to be made, be they by fine feoffment bargaine &
63
ASPINWALL NOTARIAL RECORDS.
sale confirmation release recovery or by any other act or Acts deed or deeds whatsoever by the said Georg ffoxcroft or John Atwood feoffees in trust or the Suvivoe of them theire execut8 administrat9 or assignes, whereby they are to Reassure settle & establish a sure & firme estate in all & singular the pemisses wth the said Anuity formerly expressed (& not heretofore sold) according to the appointmt & direc- tion of the said Henry Sewall senior, shall be to such use & uses as is formerly in this pesent Indenture expressed, & to no other use intent or purpose whatsoever. In witness whereof the parties aforesaid to these pnte Indentures inter- changably have sett theire hands & seales the day & yeare first above written.
Henry Sewall & a seale Indorsed. Sealed & Delivered in the presence of Barnabas ffawer & me the Publick Not. Ita attestor Willm Aspinwall Nots pub:
This Indente made the Thirtieth day of Novembr in the two and twentieth yeare of the Reigne of or Soveraigne Lord Charles King of Engl. Scotl. ffrance & Irel. &c : & in the yeare of or Lord 1646 Betweene Henry Sewall als Shew- all senior late of the Citty of Coventrie gent & now of New- berry in the County of Essex in New England in the pts of America on the one part, & Henry Sewall als Shewall
[Page 52.]
junior of Newberry aforesaid (son & heire of the said Henry Sewall senior) of the other part witnesseth that whereas the said Henry Sewall senior by his deed bearing date wth these pntes hath reserved him selfe an estate for life in Severall Cottages Tofts Dovecoates gardens lands tenements & heredi- taments scituate lyeing & being in the Citty of Coventry & County of the said Citty of Coventry & County of War- wick or either or any of them, or also wheresoever in the Realme of England. And also in one Annuity or yearly rent of Eleven pounds eight shillings of lawfull money of England issuing out of certaine lands wch were heretofore the lands of one Alexander Culpeper in the said County of Warwick & in the County of Leicester as in & by the said Recited Indenture may more fully appeare, Now the said Henry Sewall senior doth Demise grant & to fferme lett to the said Henry Sewall junior his Executors & Assignes all those Messuages Cottages Tofts Dovecoates garden lands Tenements & hereditaments in the said Citty of Coventry,
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ASPINWALL NOTARIAL RECORDS.
in the County of the said Citty, & County of Warwick or either or any of them or else wheresoever in the Realme of England, And an Annuity or yearely rent of Eleven pounds & eight shillings of lawfull moneys of England issueing out of certaine lands wch were heretofore the lands of one Alex- ander Culpep. in the said County of Warwick & in the County of Leicester To have & to hould the said Messu- ages lands & Annuity & all & singular the premisses to the said Henry Sewall Junior his execut8 & Assignes for and dureing the terme of one & twenty yeares if the said Henry Sewall senior shall so long live, yeelding & paying therefore yearely unto the said Henry Sewall senior or his Assignes two parts of three, of all the issues & pfitts thereof comeing into the hands of the said Henry Sewall junior. Provided alwayes that all such costs charges damages or losses as the said Henry Sewall junior his heires executors administrat18 or Assignes shall susteine by cause reason or colour of any suite or suites or controversies to obtain & pcure quiet & peacable possession of the said Messuages lands Annuity & premisses or any part of them from George ffoxcroft & John Atwood ffeofees in trust or from any other pson or psons whatsoever, shall first be deducted and allowed unto the said Henry Sewall Junior his heires executors administrators or Assignes out of all the issues & pfitts of all the aforesaid Messuages lands Annuity & premisses. And the said Henry Sewall senior doth further covenant & grant to & wth the said Henry Sewall Junior his heires execut's administrat's & Assignes That the said Henry Sewall shall have for his pesent maintenance & livelyhood one third pt of all the Rents & pfitts of the said Messuages lands Annuity & pemisses the costs & charges as aforesaid being first deducted & allowed. In witness whereof the parties to these pesent Indentures in- terchangeably have putt theire hands & seales the day & yeare first above written.
Henry Sewall & a seale.
Indorsed. Sealed signed & Delivered in presence of Barnabas ffawer & me the publ Not Ita attestor will™ Aspinwall Not8 publ:
Know all men by these pntes that Henry Sewall als Shewall senior late of the Citty of Coventry in the Realme of England now of Newberry in the County of Essex in New England gent have made ordained, & by these pntes do Authorize constitute & appoint my beloved sonne & heire Henry Sewall als Shewall junior of Newberry aforesaid my true & lawful Atturney for me & in my name to call unto
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ASPINWALL NOTARIAL RECORDS.
Account George ffoxcroft of London Mercht & John At- wood of London Cittizen & Letherseller & theire heires & execut's Administrat™s & Assignes or any of them for all those Messuages Cottages Tofts dovecoates gardens lands tenements & hereditaments scituate lyeing & being in the said Citty of Coventrie & Countie of the said Citty of Coventry & Countie of Warwick or either or any of them or also wheresoever in the Realme of England, And one Annu- ity or yearely Rent of Eleven pounds & eight shillings
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of lawful moneyes of England issueing out of certaine lands wch were heretofore the lands of one Alexander Culpepper in the County of warwick & in the County of Leicester for the Rents issues & pfitts thereof, & for the moneyes that have beene heretofore raised by the sale thereof, weh the said Georg ffoxcroft & John Atwood or the survivor of them now be trusted wth all, Granting also to my said sonne full power & Authority to aske & demand & for me & in my stead to receive such assurance or Assurances as shalbe reasonably advised or devised by Counsell learned in lawe, from the said George ffoxcrofte & John Atwood or the survivor of them, his heires executoes administrators or Assignes for a setling of a sure estate for life unto me the said Henry Sewall senior, the Remainder to the said Henry Sewall Junior & Jane his wife for theire lives or the longer liver of them, the remainder to the said Henry Sewall junior his heires of his bodie lawfully begotten & to begotten (wch estates, by this writeing, I the said Henry Sewall senior do appoint my said ffeoffes in trust or the Survivor of them to pforme) & the Remainder to my heires & assignes for ever, Granting also to my said sonne full power to reteine full possession & seisin of & in the aforesaid Messuages Cottages lands Annuity & premisses wch heretofore have not beene sould, And also to demand & receive all deeds & conveyances made by me the said Henry Sewall senior of all the Messuages Cottages lands tenements & hereditaments wth the Annuity unto the said George ffoxcroft & John Atwood theire heires executors Assigne or Assignes or to theire uses, Granting to my said sonne full power & Authoritie to demand, sue for, recover & receive obtaine & gett as well all & singular the said Messuages Cottages Annuity lands & premisses wch heretofore have not beene sould by the said ffeoffees in trust, As also all such rents issues & pfitts out of any of the said pemisses, or any part of them, as have beene or ought to have beene received
66
ASPINWALL NOTARIAL RECORDS.
by the said ffeoffees in trust theire Assigne or Assignes, & all such summe or summes of money that heretofore have beene raised by the sale of any part of the pemisses & not alreadie received by me the said Henry Sewall senior; ffurther granting hereby full power & authoritie to my said sonne in my name to ratify & confirme all such deeds of sale of any part of the pemisses as hath beene heretofore made by the said ffeoffees in trust or the Survivoe of them, And I the said Henry Sewall senior do by these presents give & grant to my said sonne Henry Sewell Junior full power & authoritie in the premisses to arrest sue declare implead imprison & release any pson or psons for & by reason of the premisses or any part thereof. Also to comence & psecute in my name all & all manner of actions as well real as psonall as well by writt Bill plaint or otherwise in any Court or Courts of Record or in any other Court or place whatsoever wthin the Realme of England, And the same actions & suites & every of them to psecute & followe for mee & in my name in as large & ample manner as I the said Henry Sewall senior might doe if the same were by mee in my pper pson comenced sued or taken, ffurther giveing & granting to my said Atturney full power & Authoritie in the pemisses to doe execute pforme conclude compound release acquitt & finish for me & in my name whatsoever shalbe expedient & necessary concerning the pemisses as thorowly wholely & surely as my selfe should doe if I myselfe were there in my owne pson pesent, Ratifying & confirming by these presents what soever my said Atturney shall doe in & about the premisses in my be- halfe & in my name. In witnes whereof I have sett to mine hand & seale the fifth day of December in the twoe & twen- tieth yeare of the Reigne of or Soveraigne Lord Charles King of England Scotland ffrance & Ireland &c:
Annoque Dni. 1646.
Henry Sewall & a seale.
Indorsed.
Signed sealed & Delivered in the presence of Barnabas ffawer & me the publicke Notary:
Ita attestor. willm Aspinwall Nots publ:
[Page 54.]
10. (10) 1646. Barbara Weld of Roxbury appointed Thomas Bell of Roxbury her Atturney to aske levie &c: al & all manner debts duties goods moneys merchandise & Accounts whatsoever due to her or her husband Deceased from any pson or psons whatsoever in England. Give & by
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ASPINWALL NOTARIAL RECORDS.
these pnts granting unto her said Attr full power strength &c: in & concerning the premisses, & to appeare before all Lords &c to require &c to doe say answer plaint sue pcecd defend & execute in all & singular the premisses, Also any pson or psons in & by the pemisses concerned to plaint sue implead & psecute by all such wayes & meanes as the Lawe will pmitt; also to compound & agree & uppon receipt of all or any part thereof acquittances or other lawfull dis- charges to make seale & Deliver & generally to doe all things in & about the pemisses as fully & effectually to all intents & purposes &c: ffurther granting him full to act & doe pay & dispose of all & singular the pemisses to & for her use & behoofe according to a Note given him under her hand wherein all her pticlr ingagem's are sett downe & to doe finish & execute & every act or acts thing or things necessary and needfull to be done according to his pticulr Instructions given him under her hand concerning any business of hers in Eng1. Ratifying &c: before ye said Not.
Also another to the same intent & purpose unto Michael Powell of Dedham in case Thomas Bell be sick or decease & not else: & not to alter any thing by him T: B: done
Be it knowne unto all men by these pnts That I Thomasin Pope of the Citty of Bristoll widdow have made assigned ordained authorised appointed & deputed in my place & steed by these pnts have put & constituted my lov- ing friend Robt. Knight of the said city mercht my true & lawfull Atturney for mee & in my name & steed & to my only pper use & behoofe to aske leavie demand recover & receive of Richard Russell late of the cittie aforesaid Drap. & now inhabiting & residing in N. E: or wheresoever els he can or may be found all such sume or sums of money goods debts duties & demands whatsoever wch are due & oweing unto me by him either by bill bond booke account or by any other wayes or means howsoever, or for any matter or cause whatsoever, Giveing & by these pnts granting unto my said Att: full power good right & lawfull Authoritie to doe execute pforme fullfill & finish all & whatsoever shalbe needfull or necessarie to be done in or about the premisses, either by suite or lawe release composition or other waies howsoever in as large ample & beneficiall manner & fforme as I myselfe may or might doe the same if I were there psonally psent Ratifying confirming & allowing all & what- soever my said Atturney shall lawfully doe or cause to be done in or about the said premisses to be as good & ef- fectuall in the lawe as if I had done the same in mine owne pson.
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ASPINWALL NOTARIAL RECORDS.
Witnes my hand & seale 4e of March Anno regni Dni Caroli rex Anglia vicesimo primo 1645.
Sealed & DD in pesence of
Tomzen Pope & a seale.
Rowland Searchfield
John Hartwell &
Rich: Orchard ser: to Georg Hartwell Not Publ:
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12. (10) 1646. Peter Gardiner of Roxbury Carpenter & Rebecca his wife Constituted Michaell Powell of Dedham in N: E: theire lawfull Atturney to aske & receive &c: a cer- tain Legacie (from the Executors of her father or the Ex- ecu's of them) given unto the said Rebecca by the last will & testament of Roger Crooke of Hammersmith neer London Tailor deceased, & of the receipt to give acquittance &c:
12. (10) 1646. Edward Hall of Linne Carpenter consti- tuted James Mattock of Boston his Atturney to Receive cer- taine Legacies given him by the last will and testamts of Edward Hall of Amsbury in Glocest" shire his ffather, Ellenor Hall of Hill in the same shire & John Moore of Stapleton in the same shire, & of the Receipt to give acquitt: &c: wth power to substitute wm or Jane Palmer with like or limited power.
12. (10) 16.46 Henry ffreeman son of Samuel ffree- man late of Watertowne deceased constituted Jolin Newgate of Boston in N: E: his Attue, to receive a certain Legacie given him by the last will of his grandmother Priscilla free- man of Blackfryers in London deceased & of Receit to give acquittance &c:
12. (10) Daniell King of Linne by vertue of a tre At- turney 9 (1) 1645 did constitute Samuel King of London at Tygre in St Martins his Atturney to receive a Legacie for Christopher ffoster due to ffrancis his wife by the last will of her mother Alice Stevens of Surrey deceased: wth power of Substitution.
12. (10) James Everill (Attey of Hugh Burt 19 (7) 45.) substituted John Gwin of Charltowne in N: E: to aske & receive of the Executors of Tho: Burt (vizt Susan Burt widd: sole Executrix) the sume 20" Sterl for an Annuity two yeares last past granted by the last will of the said Thomas Burt.
12. (10) 1646. An Attest unto a Copie of a Letter of Atturney from Richard Brooner Citizen & Larimore of Lon- don unto Thomas Bell of Roxbury in New England to take
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ASPINWALL NOTARIAL RECORDS.
& receive of Tho: Jenner in New England xixli vijs viijd & to acquitt & discharge to sue implead &c:
12. (10) 1646. Thomas Bayes of Dedham in New Eng- land Carpenter constituted & appointed Isaac Martin late of Hingham in N: England aforesaid his true & lawfull Atte to ask &c: of the Executs's of Wiseman of Barrow Apton in the County of North folke his grandfather deceased or the Executors of them a certaine Legacie to the said, Tho: Bayes by the last will of his said Grandfather & to com- pound &c: & to appeare &c: wthout power of substitution.
12. (10) 1646. Tho: Bayes acknowledged the receipt of 20" of the said Isaac Martin in consideration of a tre of Atte: to him to receive a Legacie for him.
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13. (10) 1646. An attest to a Copie of a Bill Exchg 27! 10s. dwrawne by Tho. weld Hugh Peter Stephen win- throp uppon the Treasurer & accepted & payd as M' Lead" doth acknowledge.
15. (10) 1646 Knowe all men by these psents that I John Bodington Mercht resident in Boston doe acknowledge my selfe to be indebted unto Richard Russell of Charlstowne mercht the summe of eighty pounds In consideration of wych I doe bind my selfe to pay unto the said Richard Russell or his Assignes at the new found land the next fishing season so much dry & merchtable fish at or about the 20th day of August next ensueing the date hereof at the price currant there as shall make full satisfaction for the abovesaid eighty pounds In witnes whereof I have hereunto put my hand this 10th day of Decemb 1640
Signed sealed in the presence of John Mill. Peter Mudd.
John Bodington & a seale.
Indorsed. I Richard Russell doe assigne ovor unto Mr Thomas Bell this Bill of eighty pounds to his use & dispose this 12th of Decembe. 1646.
Witnes us Ralph woory. Isaack waker
pme Richard Russell.
M: John Bodington hath written unto his brother at Mr James Kirks to buy this fish to whom pray have recourse to that end. Dec. 12. 1646
p me Richard Russell
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ASPINWALL NOTARIAL RECORDS.
This above is a true Copie agreeing wth the Originall Bill so signed & sealed & assigned, presented to me by Thomas Bell wthin named.
17 (10) 1640 Know all men by these pntes that I Thomas ffowle of Boston in New Engl. doe owe & am in- debted unto John Thomson the summe of eight pounds ten shillings of Current English money to be paid unto the said John Tompson or his Assignes on the 20 Day of Decembr next being part of a Bill of fourty pounds to in" Babb bear- ing Date in July 1640 & for the true paymt heareof I the said Thomas ffowle doe bind mee my heires executoes & ad- ministratoes firmly by these pesents in witnes whereof I have hereunto put my hand. Dat. the twenty three day of De- cemb. 1643.
Thomas ffowle.
I John Thomson doe assigne this Bill unto my ffather mr Samuell Maverick to aske receive & discharge the above bound Thomas ffowle witnes my hand this 25th Decemb 1643
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Whereas Samuell Maverick of Noddles Iland in New England hath uppon Account past betweene us given full satisfaction unto me Thomas ffowle for fower hundred pound weight of Indico, pt of a greater quantity by me sent for Barnstable on Mr George Luxsons ship in ano 1640 or thereabout, and by me ordered to be sould & disposed of by my brother in law Mr Vincent Potter. Now know all men by these pntes that I Thomas ffowle for the consideration aforeexpressed doe hereby make over & assigne unto the said Samuel Maverick his heires or assignes all my title & interest in the afore expressed quantity of 4001b of Indico, or the pceed & returns thereof. And doe hereby give full power & Authority unto him the said Samuel mavericke his heires executes or assignes, to demand receive & recover of my aforesaid ffactor & Agent Vincent Potter, the neate pceed of the aforesaid 4001 of Indico. And in case he refuse on reasonable demand to give a true & just account of the sales of the aforesaid Indico & speedy satisfaction for what shall remaine due for the returnes, then it shalbe law- full for the said Samuel Maverick or his Assignes to take such course for recovery thereof as law will afford.
And Samuel Mavericke his receit or his assignes receipt shalbe a full & absolute discharge unto the said Vincent potter for as much as he shall pay by this my order: & in case it shall appeare that I have already received received
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ASPINWALL NOTARIAL RECORDS.
[sic. ] the returnes of the aforesaid 4001b of Indico, then I doe hereby oblige my selfe my heires executoes & assignes to pay on demand unto the said Samuell Maverick or his assignes the said somme or sommes so already received or hereafter by mee or any by my order to be received. Samuel Mav- erick haveing received on this Account thirty fyve pounds sterl wch Mr Potter payed Mr Anthony Swymmer, & eleven pounds due from him to Mr Potter. And for pformance of the premisses & every part thereof I doe hereby bind my selfe my heires executorrs administrators & assignes firmly by these presents. Witness my hand & seale heerunto sett the 4th of Novemb. 1646
Signed sealed & Delivered Thomas ffowle & a seale.
in ye prsence of us Willm Vassall
Edw Hutchinson
In Bristoll this 6th May 1641.
M: Sam1. Maverick of Noddles Iland in New England Mercht is Debitor, To ffreight Custome & all Charges on 10 hhs. whaleoyle received out of the Wmn & John of Bristoll paid as followeth :
li S cl
To ffreight · . 06-05-00
To Custome fees . 01-05-00
To Sheriff for custome gageing & other duties of the Citty . 00-07-08
To Selleridg . 00-08-09 To landing & haleing to the sell" wth Porteridge, 00-04-06 To hoopeing at 48 p tonn is . 00-10-00
09-10-11
To 401 pd Mr Hugo of Bristoll in full a bill of
Exch: of so much yº past on me to pay Capt.
Cad of Bnstable: pd for his use . 40-00-00 Accº Currt Mr Samuel Maverick
is Debtor viz!
. 49-10-11
To ballance of the Accº of Wale oyle, as p Acco above is . 07-10 -- 11 To 41 28 pd Mr Rich: Ellis on the Bill Exchange is . . 04-02-00 To 21 88 paid Capt Cad in full A Noote yº Consigned on mee . 02-08-00
14-00-11
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ASPINWALL NOTARIAL RECORDS.
Rest due unto M' Samuel Maverick for Bal-
lance of this Account when it is received 20-04-09 of Mr Edmund Dennies the summe
34-05-08
p me An: Swimmer. errors excepted.
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May 6th 1641
p Contra Mr Samuel Mavericke is Creditor by 9hhs & part a hhd wch filled the rest of whale oyle sould unto Richard Warner & Henry Mills li S d for the summe of . 41-10-00
Rest due to me An: Swimmer for Ballance of this Acco:t wych I carry to Acco under neath is the summe of . . 07-10-11
49-00-11
p Contra is Creditor by 34.5:8 due to you
li S d
34-05-08
li 8 d for the neate Ballance of Mr Wm Lewis his Acco of Clapbord from Malago being 192 peces fruite & 500 Rialls quarts, Sould Edmund Demis at 228 p C & due the 25th July next, ye part all charges deducted is
22. (12) 1646. I Tho: Brownell, do acknowledg my selfe indebted to Robt Keaine in the just summe of 6 128 4d w.ch I pmise to pay to the said Robert or his Assignes in his now dwelling house in Boston at or before 1 (7) 1640. In witnes whereof I have hereunto put my hand. I say there is due to Robt Kaine the just sume of 6" 12: 4ª witnes my hand
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