USA > Massachusetts > Suffolk County > Boston > Volume relating to the early history of Boston, containing the Aspinwall notarial records from 1644 to 1651 > Part 8
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teste Joseph Harrington. The marke of X Thomas Brownell.
Also he acknowledged to have received a note to receive 78 of of Quednicke.
1 (1) 1646. John Jacob constituted Ambrose Gibbins of Pascataque his Atturney to aske &c of Derbie ffield fyve hundred pound due by bond dat. 20 (10) 1645. & of the receipt to give acquittance also to compound & agree & to appeare in any Court there to require lawe ayd &c. to doe say pursue &c: & generally to do what he him selfe could doe if he were present &c: ratifying &c:
22 (1) 1646. Thomas Roode of Boston Atturney irre-
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ASPINWALL NOTARIAL RECORDS.
vocable of Nicholas Roe of Glasten in Somersetshire yeoman (as by tre Attu! Dat. 3. Apr: 1646 doth appeare) doth make ordaine &c: Willet of his true & lawfull Att! to aske &c: of Edward Browse all sume or sumes of money or other goods due unto John Roe deceased the sonne of the said Nicholas Roe, & of the receipt to give, &c: also to compound & agree &c: & to appeare before any Lords Judges & Justices, Governors or other magistrates in New Netherland there &c: & generally to do all things &c. rati- fying what by him shalbe so doe according to Law.
[Page 59.]
27. (1) 1647. An attest unto a Copie of a Bill wherein Robt Mason of London Merch acknowledgeth to have Re- ceived of Nicholas Davison of Lond: mercht two watches vizt one Germaine & another English. 1 piece of cypres. 1 paire of sheetes, & bindeth himselfe heires execut admin: & assignes in xx1b sterl to Deliver or. cause to be Dd at or before the xxvth of March next ensueing the date thereof, unto the aforesd Nicholas Davison his execut's or assignes: 10 paire of good & large silke stockings for men. 1 new silke & silver wastcoate knit, wth a silke & silver knit girdle & purse sutable to the same. & 10 faire large stones cutt & fitted to be sett into Rings, vizt 3 Amethists of purple colour, & 7 more of other Colour as good as the three afore- named. Dated. 18° July 1644. Signed sealed & Dd in prsence of Samuel Moore. Zachary Ashwell.
27. (1) 1647 An attest unto a Copie of a bill wherein Robt Mason of London mercht acknowledgeth himselfe indebted to Nich: Davison of London Mercht for 448 Ryalls of plate, & in consideration thereof doth bind himselfe heires execut administ. to pay or cause to be pª to the said Nicholas Davison his heires exer. admist' or assignes at all demands, or to ship or cause to be shipped the true value thereof aboard the Elias at Zaphie Genoa or Leghorne &c where the sd ship Elias of London may or shall discharge, in such goods as by former order Uppon another contract beareing date 9th of this present month August. Dated the 20th of August. 1644. Signed sealed & Dd in prsence of Matthew Woodhouse. Wm Wharton.
27. (1) 1647 An Attest unto a Copie of a Bill wherein Robt. Mason of London Mercht acknowledgeth to have Rec of Nicholas Davison of London merch a bill of ladding for 13 Rowles of Tobacco weighing 988 pound nett shipped by the sª Nicholas Davison for his pp account abord the Elias
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of London Capt John Severne Master the wch bills of lading I accept of the sd Davison, at the signing & sealing hereof for my pper account & am to dischardge the same according to the tenor thereof. And I further acknowldg to have Rec of the sª Davison a bill of two hundred pound of tobacco payable by Matt: Backhouse merch! uppon demand, & another bill of 508 sterl payable by Robt Herne mariner at all demands. In consideration whereof the sd Rob: Mason doth bind himselfe heires execut: adminstr to pay or cause to be pd unto the above sª Davison his heires execut. admin or assignes at Zaphie Genoa or Leghorne 1288 Ryalls of plate or to ship the true value thereof abord the aforesaid ship Elias at some one of the said ports Zaphie Genoa or Leghorne & to take bills of ladeing for the same assigned to David Davison of Lond. merch! for the pp account of the said Nicholas Davison: & in case he should not returne to Lon- don in the said ship Elias, then to DD the aforesaid sume of 1288 Ryalls of plate or the true value thereof unto Matthew Barnes merch of the ship Elias.
Dated. 19th of August 1644. Signed sealed & Delivered in presence of Richard Leighton. George Millar.
[Page 60.] 30. (1) 1647. Know all men by these pntes that I Ancher Ainsworth. of Boston Shipwright belonging to the Indevor Bound for Malago &c have Authorised & appointed & do by these presents Authorise & appoint my very loveing brother in law Henry Rashley of the aforesaid Boston my true & lawfull Atturney for mee & in my name to aske demand require recover & receive all such debts &c [& in the conclusion] ffurther I give to my said Atturney full power to sell that piece of ground weh I bought of Edward Bendall scituat betweene Capt Hawkins & Lieftenant Savage.
Dated 8 (7) 1645. Ancher Ainsworth & a seale.
Sealed & Dd in prsence of.
George Hudson
Thomas wyat.
Thomas Hudson.
Know yee that I Robert Nash of Boston doe acknowledge my selfe to be indebted unto Thomas Joy of the same the just & full summe of fifteene pounds & fifteene shillinges to be payd in Cloth lining & woollen shooes & stockings at Current price due uppon all demands: to the wch payment I bind my selfe heires executors & administrators, & uppon the discharge hereof all accounts debts & agreements what-
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ASPINWALL NOTARIAL RECORDS.
soever from the worlds beginning to this very day to be utterly quasht, betwixt us two, witnes my hand this. 21 of 2. 47. & what the said Robert hath paid to Hugh Gunnison uppon Thomas Joyes account as can be made appeare by Gunnison or Joy that is due for the said Robert to pay to Gunnison for Joy, I the said Robert pmise to make good & to returne the writeings unto the said Joy now in my cus- tody for such an one as occasion serves, & againe the write- ings to be returned to the said Robert uppon Demand.
Witnes Philemon Pormort
sub: Robert Nash
This is a true Copie of a writeinge prsented to me Willm: Aspinwall publ Notary : so subscribed & witnessed
Ita testor 26 (2) 1647.
William Aspinwall Notarius pubb:
[Page 61.]
28 (2) 1647. Shipped in good order & well conditioned by mee Nicholas Davison of Charlestowne in New England Mercht in & uppon the good ship called the Planter whereof is Master under God for this present voyage Robert Risby & now at Anchor in the Rode of Boston in New England & by Gods grace bound for the Island of Maderas to say, fif- teene thousand three hundred of good sound & merchantable white Oke pipestaves & sixteene tunnes of shaken Caske, to say, in thirty two pieces strongly hooped & nailed & two hundred bushells of good & merchantable Rye Corne for the Account of Mrs Rebecca Glover of London widdow of Mr Thomas Andrewes of London Mercht, all wch goods are to be Deliverd in like good order & well conditioned at the afore- said Port of Maderas the danger of the Seas only excepted unto M' Richard Pickford Merchant or in his absence to Mr William Bruin Mercht or to theire Assignes, he or they paying freight for the said goods twenty one pounds ten shillings, to say, one third in Moneyes, the other in Sugar & other goods at the prices Currant, the rest of the freight wch is for the whole purcell of pipe staves being ninty & one pound sixteene shillings, I Thomas Ganier do acknowledge to have Received here according to agreement for liberty to shipp them wth primage & Average accustomed. In witnes whereof I the said Thomas Gainer being both Purser & Mer- chant of the said ship hath affirmed to three Bills of ladeing of this tenor & Date, the one of wch being ackomplished the other two to stand voyd & so God send the good ship to her Desired Port in safty. Dat in Charstowne the 12th of Aprill 1641.
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ASPINWALL NOTARIAL RECORDS.
The twenty one pounds ten shillings to be payd for freight as above is to be payd the one halfe in Moneys the other in wines at the price Current by agreement of Mr Thomas Gainer & Nicholas Davison.
Subscr: p Thomas Gainer.
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1 (3) 1647 Know all men by these presents that I Capt Thomas Cromwell do acknowledge my selfe Accountable to Lewis Morrice or his Assignes in the summe of foure hun- dred pounds sterling, wch said summe I do oblige my selfe to pay unto John Milom Atturney unto the said Lewis Morrice in manner & forme following, vizt one hundred & fifty pound in the good ship called the Expectation whereof John Turner is Mercht. & fifty pounds by Major Robert Sedgwick, one hundred pounds by Capt Harding & the re- mainder in Copper & other Comodities, unto weh payments well and truly to be made I do firmly bind my selfe mine executrs & administrators by these presents, witnes my hand this xxth of July 1646. subsc: Thomas Cromwell & a seale.
Signed & Delivered
in the presence of
William Aspinwell Notarius publ
10 (3) 1647 Richard Gridley granted a tre of Atturney to Jasper Rawlins to sue Robert Parks of Hartford for breach of Covenant about his daughter Annie Gridley & to recover her out of his hands.
13: (3) 1647. Rich: Russell of Charlstowne Mercht for val two hundred & xxxli alreadie received hath sould unto John Bodington mercht one smale barke about fourty tunnes called the Hopewell of New England wth all the mast cables sailes Anchors &c: warranting the sale thereof accord- ing to the lawe of Oleron. as appeared by a deed dated 10th of Novemb: 1646 prsented to me by John Bodington.
Subscribed Richard Russell & a seale
Wit: John Mills Peter Mudd:
Richard Russell of Charlstowne Mercht for the value of lvli receaved or to be received hath sould unto John Boding- ton Mercht one catch about twenty fyve Tonns now called by the name of the Judith of New England wth all her Masts sailes &c: & warrantie according to the lawe of Oleron. as appeare by a writeing Dated 10th November: 1646 presented to mee by the said John Bodington & subscrib: Wit: John Mills Richard Russell & a seale
& Peter Mudd.
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ASPINWALL NOTARIAL RECORDS.
13. (3) 1647 I subscribed a Copie of an Order from Sr David Kirke unto John Bodington to drawe bills of Ex- change to vallue lli uppon Mr John & James Kirke & to sell 400 Kintalls of dry fish in New England. Dat. fferneland .3 (7) 46:
Sub: Dav: Kirke:
This was for acount of Mr John Kirk:
[Page 63.]
Memorandus & Orders to John Bodington. Dat. 1. (8) 4.6.
When he arrives in N: E: to dispose of his goods, & to buy or build a Catch of 40 or 50" or thereabout, & to take advise wth Mr Shapley therein, & to let him have the order- ing of all. Also that he & M' Shapley freight a Ship or Catch or other vessell not exceeding 100 tuns for 8. 16 or 24 months at most. This was for the Account of Mr John & James Kirke Merch's in London. Dat. ffer: 1 Octob. 46. Subscr: David Kirke.
13. (3) 1647. A tre of Atturney from Richard Gridley of Boston unto Jasper Rawlins of Roxbury to sue & psecute Robert Parks of Hartford for breach of Covenant touching his daughter Hannah Gridley, and to recover her out of his hands. signed & dated 10th (3) 1641.
Saco in the
28. (3) 164.7 Province of Maine/
At a Court holden here the 12th of August. 1644
Whereas Henry Lin late of Pascataquacke in this province goeing from thence to Virginia, & carrieing wth him the greatest part of his estate there dyed, leaveing his wife & foure young children at Pascataquack in a very meane condi- tion & hardly able to subsist, All his goods in this Country amounteth to 141 18: 10.ª as by an Inventory exhibited to this Court appeareth, And his estate in Virginia amounteth to 52811 of Tobacco as by an Inventory sent from thence appeareth, but what he owes there or elsewhere we know not, but are informed that he was ingaged to divers persons beyond his estate
It is therefore ordered by this Court that his house & lott in Gorgiana & all his estate in Virginia shall goe towards the payment of his debts, & that any one or more of his Creditors Repaireing to this Court or to the Recorder shall have tres of Administration for seizing on & recovering the said house lott & estate in behalfe of the said creditors, & the same or any part thereof being recovered to be payd pportionably to them all, the Charge in Recovering the
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ASPINWALL NOTARIAL RECORDS.
same being first deducted, & that the remainder of his goods in this Country amounting to 4! 188 10ª shall goe towards the bringing up of the children of the said Henry Lin, & theire Mother to have the disposeing thereof for their use, & for confirmation hereof we have hereunto set of hands the Day & yeare above written./
Rich: Vines "t°: gene : Henry Jocelyn
Robert Gard Recorde": Richard Bonythor
Nich: Shapley ffrancis Robinson.
This writeing was prsented to mee by the Widow Relict of Henry Lin aforesaid the 28 (3) 1647 & desired to be entred uppon Record. The originall being so Attested as aforesaid.
[Page 64.]
21. (4) 1641 Henry Pawning granted a tre Atturney to Wm ffurber of Pascataque to Receive all debts due to him from any pson uppon the river of Pascataque: & to make acquittances, or to sue & psecute in due course of lawe.
29 (4) 1647. Whereas Val: Hill stood bound in 2000li to Edw: Wetheridge & company for Deliverie of a certaine quantity of fish by the last of May or middle of June last wch quantitic is not yet dd. Know yo" therefore that I Wm Aspinwall Notary & Tabellion publ by Authority &c: at the request of the said Edw: Wetheridge and in his name & the name of the Company by vertue of mine office do here ptest against yo" Valentine for not complying wth the said Edw: Wetheridg & companie neither in respect of the quantity of fish, nor of the time, & that therefore yo" shalbe lyable & yor estate (wheresoever the said Merch's shall think best to seeke reliefe against yo") to make good all Damadges wych the said Edward Wetheridge & the rest of the Merchts either doe or shall susteine for not complying with them. This protest thus written was read & publeshed by me the said Notary unto the aforesaid V: Hill Merch: 29th of June. 1647. whereto the said V: Hil replyed that, Course should be taken ere night to satissfy his ingagement. Ita attestor &c:
3 (5) 1647 Whereas yo" Major Rob: Sedgwick &c as in Mr Hills:
Knowe you therefore that I William Aspinwall Not &c as above, protest against major Robt Sedgwick for not complying wth the said Edward Wetheridge & company
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ASPINWALL NOTARIAL RECORDS.
That whatsoever Damadge the said Ed: & company doe or shall susteine through defect of theire just quantity of fish or want of complyance at the season appointed yo selfe & yor estate shalbe lyable to make it good in what place or Country soever the sd Merchts shall see good to seeke reliefe against yo" This protest thus written was published by me the sd Not. unto the sd Major R: Sedg: the 3ª (5) 1647. whereto he answer : that he had punctually pformed for his part, & that mr Hill pmised also to pforme for his part. Ita attestor &c:
[Page 65.]
Noverint universi p pntes nos Rob: Sedgwick de Charls- towne et val Hill de Boston in Massach: Mercat. teneri et firmiter oblig. Edwo Wetheridge de Boston p'dict Nanclero fferdinando Body, et Davidi Stephens Mercat. de Teneriff et Thome Tucker de Londino merc. in societate In duobq mill: libris sterling. Solvend seisd: (2d: fferdinand David et Thom. predict suo eos alieni aut suo certo Attur: Execut: vel administ. suis Ad quam quidem solucione bene et fid el fafcendu obligacun nos et utrunque uram pse & toto et in solido, hered. exec. et admin. uros p p'sentes :
Sig: Dat. dio primo July 1646.
The Cond: of this Obl: is such that if the above named R: Sed: & Val. Hill or either of them do well & truly pay or cause to be payd unto the said Ed: Wetheridg, fferdinand Body David Stephens or Thomas Tucker or to any of them or to theire certaine Attur. the full & just sume of 11 hun- dred pound sterl in good & merchantable fish at 30 Ryalls p Kintall to be dd at or uppon the last of May wch shalbe in the yeare 1647. in case theire ship be so soone arrived there or by the middle of June at furdest, that then this obl. shalbe utterly void or else to remaine in full force. The place of paymt agreed on by both parties is at the Isle of Shoales.
Sealed & dd in presence of Rich: Blinman Edw: Mellowes:
Rob: Sedg: & a seale Valent. Hill & a seale.
27 (5) 1641 A Copie of the Originall Bill of sale of the ffrigott Called the Content (of the burden of fourty Tunns) ffrom Capt ffrancis Rawstorne of London unto David Selleck of Boston Mercht for 1121 wch he acknowl- edged the receipt of : wth warrantic against all men from all suites troubles incumbrances claimes & demands perill of
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ASPINWALL NOTARIAL RECORDS.
sea fyre & enemies only excepted. Dat. 2. (7) 1645. & by me attested 27 (5) 47.
3 (6) 1647 Peter Mudd presented to me to be entred certaine Agreements betwixt him & Raph Woory as folloeth. The 29th of the (5th) 1647
It is agreed & Covenanted betwixt Mr Raph Woory & Peter Mudd as followeth.
Imprimmis Petter Mudd hath ingaged himselfe to become a servante unto Raph Woory for one yeare next ensueing the Date hereof ; to attend the lawfull occasions of the said Worry as well in the shipp as in the Barbados, or in any other place, at Ireland or England or Holland where the said Woorey shall goe.
Itm the said Woory is to pay unto the said Peter the full summe of twenty pounds in such good & Convenient pay as may answer ready
[Page 66.]
money, wch is to be paid the said Peter, one third part before he goes from New England & one third part in Barbados & one third part at the expiration of the tenure of one yeares faithfull service.
Itm the said Woory is to find the said Peter dyet & all lawfull expences wch the said Peter shall be at in the carry- ing along of the said Raph Woorys occations where he shalbe imployed about his busines.
Itm the said Raph Woory is to allow unto the said Peter the freight of one Tonne of goods unto the Barbados to be Delivered there free of all charges ashore. Provided it be the goods of the said Peter & unto his owne pper Account. Subsc: Raph Woory Peter Mudd
1 (6) 1647 Joseph Dorney Atturney to Margaret Car- withen (as by a procuration dated the 2 Aprill 1647 under the teste of Henry Mills Notary Publicke doth appeare) did constitute William Parke of Roxbury his Atturney wth full power to aske receive acquitt & psecute Charles Tainter & George Hull of Connecticot & to substitute one Atturney or more under him witnes my hand.
17 (6) 1647 Be it knowne unto all men by these pntes that I Claus Cornelious of Rye in North Holland do acknowledge to owe & stand Justly indebted unto Robert Knight Thomas Breedon & Wrath Batherne the summe of thirty & one pounds & ten shillings the wch I the aforesaid
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ASPINWALL NOTARIAL RECORDS.
Claus doe bind my selfe my execut & assignes to pay tlie aforesaid summe at all Demands & for truth I doe here sett my hand & seale Dat in Boston th 13th of June 1646. Witnes hereunto Claus Cornelius & a seale.
John Vellacot
Robert Saltonstall
20 (6) 1647 A tre of Atte ffrom Thomas Bell of Rox- bury to Joshua Hues of Roxbury & Samuell Jackson of Scituate to receve 28 of *
[Page 67.]
20 (6) 4.7 A tre of Atturney from James Oliver to Jonathan Brewster to attach sue implead &c: James Smith for all debts due from him according to the ordinary fforme. /
21. (6) 1647. Isaac Walker constituted Isaac Allerton his Atturney to aske leavie &c: of Clawse Cornelius & Peter Claws the sume of seven pounds due by Bill & of the receipt &c: & to compound &c: & to appeare in any Court &c: to sue &c: & generally to doe &c: Ratifying &c:
Also a Copie of the originall Bill of 7" due from Cloyse Cornelius & Peter Cloise to John Cowdall payable the 3 (4) 1647 in Beve, Otter skins or money. wth an Assignment of the said Bill by John Cowdall to Isaac Walker the same day.
21 (6) 1647 I Thomas Broughton of the Massachusetts Bay in New England Mercht have made ordained constituted & appointed & by these presents doe make ordaine consti- tute & appoint Wm Paddy of New Plimouth in New Eng- land Mercht my true and lawfull Atturney & assigne for mee & in my name to aske leavie demand recover & receive of the severall psons here under named the summes of moneys hereafter mentioned viz of Jacob Woolversen brewer fyve hundred guilders due by bill bearing date June the 17th stilo novo & payable for time & manner of pay as in the sª Bill expressed :
Of Wm de Key Merch of New Amsterdam twelve hun- dred fifty & two guilders twelve stivers due to be payd for time & manner of payment as is expressed in his Bill beare- ing date July the 9th 1647 as also the bill of Jacob Wool- versen before mencioned June 17th for the yeare beares date 1647, both weh said summes are to be received in the New Netherlands at New Amsterdam of the psons who inhabit there. Giveing & by these presents granting unto my said Atte my full power strength & authority the psons before
[* This entry seems imcomplete.]
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ASPINWALL NOTARIAL RECORDS.
mentioned (if need require) to sue arrest attach impleade imprison & condemne & out of prison againe to deliver. And alsoe to doe & execute all & every other lawfull act & acts thing & things deed & deeds devise & devises (accord- ing to the manner & custom used & practises in that plan- tation) as well for & about the obtaineing recovery & receipt of the sd severall summes of moneys, as for & about the re- lease & discharge thereof & of every pt & parcell thereof as fully & wholly & in as large & ample manner & forme to all intents & purposes as I myselfe may might or could doe if I were personally present, & what soever my said At- turney shall lawfully doe or poure to be done in & about the p'misses I the sd Tho: Broughton doe & will ratifie & con- firme & allowe by these presents. In witnes whereof I have hereunto set my hand & seale Aug. the 21th 1647. Stilo vet. In presence of Thomas Broughton & a seale Elias Parkman & attested by myselfe.
[Page 68.]
21 (6) 1647. Tho. Bell constituted Wm Parke & Tho. ffoord Atturney to aske & receive of Tho: Thorneton 4 78 due to Wm Vsborne & 9.1 48 due to Tho: Watts. by a pro- curation dated .29 (2) 47 from ffrancis Watts execut. of Thomas Watts & William Vsborne made unto Tho: Bell aforesaid.
23. (6) 1647. Robert Knight of Bristoll Mercht consti- tuted ffran: Smith of Boston Cardmaker his lawfull Att" irrevocable to aske & receive &c: of Tho: ffowle late of Boston in N. E: the summe of 12 !! due by Bill Dated 21 Aug. in the 22th yeare of of Sov: Cha: &c: & of the receite &c: Also to compound & agree, & to appeare &c: to doe say &c: wth power to substitute one Att or more wth like or limited power & generally to do all that himselfe could doe.
23. (6) 1647 fflorence Chapman late of Acominticus constituted Wm Hooke late of Salisbury her lawfull Att: &c: to aske leavie &c: of Wm Dixon of Acominticus foure pounds ten shillings due by Bill; & of the receipt to give acquittance &c: also to sue implead &c: & generally to doe all things &c:
23. (6) 1647. Mr Adam Winthrop constituted Isaac Allerton of New haven his Attn" to aske &c: a debt of twelve pounds sterl payable in Bever to himselfe & Benja-
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ASPINWALL NOTARIAL RECORDS.
min Gillom. & of receite &c: also to compound &c & to appeare in any Court or Courts in New Netherland or else- where to sue implead & pcute, to attach imprison & con- demne &c: &c. generally & wth power to substitute one Att. or more wth like or limited power.
25 (6) 1647. Articles of Agrement made concluded & agreed uppon by & betwixt Capt. Jelmer Thompson Com- ander of the ship called the greate Garret now rideing at Anchor in Charls river nigh unto Boston in the Massach: Bay, & Cat John Clawson Smale Comandr of the ship called the Bev" now rideing at Anchor in the sd River on the one pt, & Mr Raph Woory of Charlstowne Mercht on the other part, this. 28th of July. 1647.
Imprimis the sª Jalmer Thomson & John Smale have & doe by these presents absolutely hyre & let theire above said two shipps unto the sd M' Raph Woory, for himself the sd Raph to transport & lade what merchantable goods or Cattle he please from this place to the Barbados: always pvided the sd Jelmer & John shall continue theire Comands over the sª ships & theire Companies.
It is likewise agreed that the sª Jelmer & John shall con- tinue twenty dayes from the date hereof in the abovesd River or nigh thereunto & be assistant wth theire men to re- ceive such goods or Cattle as the said Raph Woory shal require to be shipped & likewise to be assistant to the said Ra: Woory wth theire Carpent's in makeing what shalbe con- venient for the transport of the goods & Cattle the said Ra: Woory shall shipp aboard for the transport to the said Island, the sª Ra: Woory to be at all the Charges for the timber or workmanship what he shall thinck convenient.
It is likewise agreed the said Raph shall pay or cause to be pd in manner & forme following 4.C & xxvli sterl for the freight of the sd shipps that is to say twenty pound sterl in ready money, and one hundred pound sterl in present Com- odities & at price as for ready money, the sd Jelmer & John to give a specification of what they shall require, & the said Raph to furnish them therewth as above sd & for 2.C pound sterl thereof to be pd unto the honored Peter Steveusant.
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