USA > Massachusetts > Suffolk County > Boston > Volume relating to the early history of Boston, containing the Aspinwall notarial records from 1644 to 1651 > Part 9
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[Page 69.]
Governor generall of the new Netherlands, by Mr Isaac Allerton uppon Certificate of the Arrivall & delivery of the sd freight at Barbados. & for the other hundred pounds sterl to be payª. by Assignment upon Mr Rich: Smith either in Bev" according to Covent between Mr Woory & the sd Smith,
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ASPINWALL NOTARIAL RECORDS.
or in the same comodities at the same price dd. the sd Mr Smith by the sd M' Woory, the other fyve pound sterl. to be pª here in such paym! as the sd Jelmer & John shall require.
In consideration whereof the sd Jelmer & John do covent & agree to Deliv' or cause to be dd. such Cattle and goods as the said Ra. Woory shall shipp aboard the above sd shipps, uppon the sd Island of Barbados, the danger of the seas excepted.
It is likewise agreed that in case the sd M' Ri: Smith shall not pay the above sª summe of one hundred pounds sterl. according to time appointed, then M' Isaac Allerton to pay it as aforesd to the Gener" Peter Steveusant.
It is likewise agreed that the sd Jelmer & John shall carry what pvisions & Commodities they have formerly intended to carry.
Always pvided it is agreed that of the above sd 300" sterl. one hund. & twenty thereof to be pd unto the sd John Smale or his Assignes at & according as above written wch is in full paym' for his part wth what he now at present doth receive as may appeare by Specialty under the hand of Mr Isaac Allerton.
It is likewise agreed that in case either of the sd shipps should miscarry in theire sd voyage, then the other to receive the paymt remaineing Ratum pro Rato, to wit, for the greate Garrett 24011 sterl. & the Bever 180" sterl in the whole.
Unto the pformance of all wch Coven's the sd parties above written do oblige them selves the one to the other in one thousand pounds sterling, to be payd by him that shall defaile in pformance. In witnes whereof the parties to these p'sents interchangably have sett theire hands the day & yeare above written
witnes hereunto Richard Russell
ffra : Norton.
Jelma Thomas. Raph Woory Jan Clawson Smale.
In the originall the last section is thus written. The sª parties above written doe oblige themselves the one to the other in one thousand pounds sterling for the performance of them to be payd by him that shall defaile in pformance In witnes whereof they have interchangably sett theire hands the day & yeare above written. But all the 3 Copies have the words above.
4 (7) 1647 Noverint universi : p p'sentes me Rodolphu Woory de Charlestowne apud Novang los teneri et firmiter obligari Tho: Bell de Roxbury in Quadringuit vigint duobª libris sterlinge p solvends eidem Thome sue, certo suo
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ASPINWALL NOTARIAL RECORDS.
Atturnat execut vel administrat suis ad quã quidem solucio- nem bene et fideliter faciend obligo me heredes execut et adminstr meos firmiter p p'sentes. Dat sigill die 30 mo. Augusti Anno Dni 1647.
The Condicon of this obligacon is such that if the above bounden Raph Woory shall pay or cause to be payd unto the above named Thomas or his certaine Attr. exec. or administr. at the house of mr Wm Peak Woollen Drap. in Canon streete in London the full & just sume of two hun- dred & eleven pounds sterl (the other bond of the same date not being paid) at or uppon the last day of 7 ber wch shalbe in the yeare of or Lord 1648. that then this oblig. shalbe voyd & of none effect, otherwise to remaine in full force & strength
Seal & dd in prsence of Raph Woory & a seale Richard Russell : William Aspinwall Nots publ
teste mee Peter Mudd
[Page 70.]
6 (7) 1647 Strong ffurnell showed me a bill the 6 (7) 47. the contents as followeth.
Know all men that I Joseph Godfrey of Newhaven doe acknowledge my selfe indebted to Strong ffurnell soape- boyler at Boston foureteene pounds sixe shillings to be paid in 9 weekes to me in beefe at 3ª a pound & pork at 3d ob as it is put up fresh he beareing hafe adventure & freight & I the said Joseph the other hafe for the true payment of the above mencioned summe I the said Joseph doe bind my selfe & Administrators in witnes to deliver at Bosto. whereof I have set my hand the 22th of August. 1647 Witnes Godfre ^ Armitage subscr: Joseph Godfrey.
10 (7) 1647. The Att": from Tho: Hett of Hull, Coop. late of Stockingham in Lincolnshire unto Ephraime Child of Water- towne. to receive all rents & arreirages of rents for a certaine house of his in Stockingham Leased unto Henry Taylor as also his writeings and evidences left in the hands of Henry Searsey or any else also to acquitt or compound, also to sue implead pursue &c & generally to doe all things concerning the premisses wth power to substitute. & power allso to sell the said house & land & seale evidences.
14 (7) 1641 Richard Pierce of Prudence Island in the Narrowgansett Bay did acknowledge the receite of twenty pounds of Elizabeth Dell Executrix of the last will & Testa- ment of Raph Dell of Bow in Middlesex due as a Legacie
.
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ASPINWALL NOTARIAL RECORDS.
unto his wife Susanna daughter of John Wrighte of Walton Abbey parish in Essex yeoman: & doth acquitt & discharge the said Elisabeth of the said Legacie & every part thereof. Signed & sealed the 14 (7) before me the Not. publ. 1647.
15 (7) 1647 Thomas Joye: my love remembered to you yor wife & children these are to Certify you that wee had a very leake ship, that we have beene forced to pump every glasse since we came from thence by reason thereof wee have had greate Damadges, or beere leakt out our bread mouldy or fish rotten, all things have gone very contrary against mee, and since I came to the Barbados my companie have been very unruly so that I have little comfort in this voyage, here is no freight to be had, all things are scarce. I hope to set sail wthin 10 dayes after the date hereof I pray you pvide the boards for sheathings & foure hundred foote of pine plank of 2 purches & some 3 purches pray you
[Page 71.]
pvide them for wee Doe intend god willing to be wth you very shortly so wth my love to or partner Shaw & his wife & showe him this letter so I rest yor loving friend. Barbados this 23 of Clement Campion July: 47.
This is a true copie of such a writeing showed me by Tho: Hawkins.
20 (7) 1647. Edw. Gilman of Hingham in the Massa- chusetts did constitute Major Nehemiah Bourne, & Rich. Smith late of Ipswich, his true & lawfull Att's irrevocable Granting &c full power &c. jointly & severally for him & in his name to aske &c: of Capt: Tho: Hawkins late of Bos- ton in New Eng. certaine summes of money due by bond dated 2 (10) 1646. as by the same will more fully appeare, & of receipt to give acquitt: &c. also to compound &c: & to appeare before all Lords &c. in any Court or Courts wthin the Kingdom of Eng. or elsewhere to sue implead psecute arrest seize sequester attach imprison &c: & out of prison &c: & generally to do all things concerning the pmises wch, the Appearer him self &c: & what soever his said Attes or either of them shall doe or poure &c: the sd Appearer doth hereby ratify &c: In witnes whereof the sd Constt hath hereunto &c:
20 (7) 1647. Isaac Walker of Boston appointed David Evans his Atte to aske &c: of Edw: Harrison all such summe or summes of money Debts or merchandise as are due unto
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ASPINWALL NOTARIAL RECORDS.
him the said Isaac unto his pp account or in partnership wth John Shawe, & to acquitt &c: & to fine implead &c: & gen- erally &c: ratifieing &c:
20 (7) 1647 Hugh Burt of Linne yoeman the elder & Hugh & Thomas Burt his sonns granted a tre of Atturney irrevocable unto James Everill of Boston to receive &c of the executos of Tho: Burt late of Dorkin in the County of Surrey deceased the summe of 3011 vizt 20 !! for 2 years an- nuity due by the sd will to Hugh Burt senior. & ten pound a legacie to Hugh Burt Junior & Thomas Burt. & of the re- ceipt &c: also to compound &c: & to appeare &c: to sue &c: & generally to doe &c: & to substitute one Att" or more wth like or limited power. &c:
22 (7) 1647 George Crispe of Plimouth in N. E: planter ordained Robt Crispe of St Talwins in Southwark mariner his true & lawfull Att .. irrevocable granting him power &c: for him & in his name & to his use to aske &c: all rents & arrieradges of rents due to him for certaine lands lying in Sandwich in Kent given to him by the last will & Testamt of George Crispe late of Blackwall in Middlesex Shipwright deceased & of the receipt to give acquittance &c: also to alien &c: also to compound &c: & to appeare before all Lords &c: to require law &c: to doe say &c: & generally to doe &c: wth power to substitute one Att" or more wth like or limited power ratifying &c: in presence sealed & Deliv- ered of Matt: Smith of Charlestowne Cordwinder: 22 (7)
[Page 72.]
20 (7) 1647 James Everill Att" Irrevocable of Hugh Burt senior & Hugh Burt Junior & Thomas Burt ordained Michael Rainer of ffriday streete, skinner, dwelling over agt Mr Ed: Parks, his Att' irrevocable to aske &c: of the Exe- cutors of Thomas Burt late of Dorkin in the County of Sur- rey cordwinder deceased the summe of 30li whereof 201 is an annuity for 2 yeares, due to Hugh Burt senior, & 101 an an- nuity due to Hugh Burt Junior & Thomas Burt & of the receipt to give acquitt: in due forme also to compound &c: & to appeare before all Lords &c: to do say pursue &c: & generally to doe &c: wth power to substitute one Att". or more &c: wth like or limited power. Sealed & Delivered. Dat. 20. (7) 1647.
25 (7) 1647 Major N: Bourne of Boston Commdr of the ship Merchant ordained John Allen of Charlestowne in N: E: Merchant his true & lawfull Att". irrevocable to aske &c. of M! James Parker, Clerke, now resident in the Isle of Barbados
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ASPINWALL NOTARIAL RECORDS.
the sume of 451 5 8 6ª as by his acct will more fully appeare: & of the receipt to give acquittance &c: also to compound &: & to appeare before all Ministers of Justice in any Court &c: to require lawe ayd &c to doe say pursue &c: & to re- ceive an account of 3 great Rowles of Tobacco dd him. & generally to doe &c: wth power to substitute &c: ratifying whatsoever &c:
Know by these prsents that I Avis fflemon (now bound for Bilbor in the ship Defence) doe owe unto Henry Rash- leigyh of Boston in New England the sume of six pound six shillings wch I oblige myselfe to pay uppon demand in Eng- land to the said Henry or Assignes witness my hand. Bos- ton. 9th Aug. 1646.
witnes Tho Lake.
The mark A E of Avis fflemon
4 (8) 1641 John Chapfill of Linn in N. E: Collier granted power of Att' to True Chapfill his wife of Bromley in Kent to aske &: of John Waters Tailor of Chittingston in Kent an annuity of 3H1 passed due by deed of gift of the sd True before marriage unto the children of her former husband. & to acquitt &c: & to compound &c: & to appeare in any Court &c: & generally &c: wth power to substitute &c: & ratifying &c:
[Page 73.]
6. (8) 1641 James Wyton of Hingham marriner granted a tre of Att": irrevocable to Richard Betscomb of Hingham to aske &c: of the execut's of the last will &c: of Thomas Wyton of Hooke norton in Oxfordshire yoeman deceased a certaine Legacie or Legacies given him by the said last will & of the receipt to give acquittance &c.
7 (8) 1647. At the request of M! Russell I have here entred this ensueing tre of Atturney though it came not at- tested under any publ officers hand.
Be it knowne unto all men by these pntes that I Wm Jones of or neere the City of Cant' in the County of Kent, have constituted ordeined & appointed my beloved friend Mr ffrancis Norton of Charls towne in New England my true & lawfull Atturney for me & in my name to aske & demand & to take into his possession all my lands & houses wyth moveables now in the possession of Raph Mousall of Charls towne or whomsoever else, & them to sell & convert to my use either in money or Comoditie & one or more At- turneys to make or cause to be made either to gather in the debts or by way of factorage to sell those Comodities wch
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ASPINWALL NOTARIAL RECORDS.
shall come into the hands of my atturney & I doe ratify & confirme establish & allow whatsoever my said Atturney shall doe or cause to be done in the premisses. In witnes whereof I the said William Jones have hereunto set my hand & seale dated the thirteenth day of March in the yeare of the Reigne of or Soveraigne Lo: King Charles by the Grace of God of Eng: Scot: ffr: & Ire: king defender &c: the 22th & in the yeare of or Lo: God. 1646./
Sealed & Delivered Wm Jones & a seale.
in the presence of./ Josias Nichols
Ambrose Drayner.
7 (8) 1647. Bee it knowne unto all men by those pres- ents that I Daniell King of Uxbridge in the County of Mid- dlesex Drap. doe owne & am indebted unto Edward ffirth of Sowrbie in the County of York clothier the Just sume of fiftie nine pounds seventeene shillings & six pence of currant English money to be paid to the said Edward ffirth or to his Executors or assignes at or before the first day of November next unto the wch payment well & truly to be made & payd at the day above said I the said Daniell King do bind mee my heires Execut: & administr in the penall summe of one hundred & nineteene pounds fifteene shillings to be payd to the said Edward ffirth uppon default of paymt of the above- said summe of 591 178 06ª at the day above said. In wit- nes whereof to this Bill obligatory I have hereunto set my hand & seale. Dat the 6th day of Aprill. 1639, in the xvth yeare of the Reigne of or soveraigne Lord King Charles &c: Sealed & Delivered in prsence Daniell King & a seale of us hereafter named
Thomas Bishop ffrancis Wrey
This is a true Copie of such a writeing prsented to mee by Richard Bourne Atturney to the said ffirth & so signed sealed & witnessed as aforesaid.
[Page 74.]
9 (8) 1647. Noverint universi p p'sentes me Wil- helmus Berry de Boston teneri et firmiter obligari Wilhelmo Hudson Juniori de Boston predict in Quinquagint lib. sterl: Solvend eidem Wilhelmo Hudson sine certo suo At- turnat Execut vel Administ suis Ad quam quidem solucione bene et fidelitr faciende obligo me heredes execut et admin- istrat meos firmiter p p'sentes. Sigillat Dat die octavo Octobris Anno Dni 16.47.
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ASPINWALL NOTARIAL RECORDS.
The Condicon of this obligacon is such that if the above bounden Wm Bury shall pay or cause to be payd unto Wm Hudson aforesaid or his certaine Atturney the full & just sume of twenty fyve pounds wthin two months after the Ar- rivall of the Paragon in England or the 18 of Aprill wch shall first happen at the white Hart in Holeborne, that then this present Obligation shalbe voyd & of none effect other- wise to remaine in full force & strength./
Sealed & Delivered Wm Bury & a seale
in the presence of William Aspinwall Nots publicus
This was made void
by consent & a Bill sealed the 14th of October.
Quad virtute officij mei Rogatus usitato signo attestor 9º die Octobris predict. 1647
Willm Aspinwall Not publ
11. (8) 1647. John Watson of Camb: N E: yeoman constituted Georg Hutchin of Cambridge aforesd wheel wright his true & lawfull Att' for him & in his name to aske &c: of the Execut's or Executrixes of the last will of Ric Walters late of Whickam in County of Durham Smith deceased all Legacies sume or sumes of money due to the sd App": by vertue of the said will, or any other right or title whatsoever legally descending to him from his sd grand- father or otherwise to take receive & dispose of to his use as his said Att" shall think best: wth power to Compound acquit sue implead psecute arrest &c: & generally to doe all thinges &c:
30 (7) 1641 Samuel Cole of Boston in N E: yeoman & Margaret his wife daughter of Isaac Greene late of Mersey in the Count of Essex deceased. constituted Jo: Greene of Hat- field Brodoake in the Count of Essex theire true & lawfull Att" irrevocable granting him power in theire names & steads to Ratifie & confirme unto Edw Joslin of Colchester the sale of certaine Lands lyeing in Mersey aforesaid wherein the said Margar. had interest dureing her life. And deed or deeds of sale to make seale & dd, & to nominate or ap- point two or 4 of the tenants in the said Lordship according to the custome of the Manor to appeare in the person of the sd Margaret to say doe acknowledge resigne, or any other Act ordered to doe in Court or out of Court according to the usage of the place in the name & behalfe of the said Samuel Cole & Margaret his wife whose psents they repre- sent for the confirmation of the alienation of her right & in-
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ASPINWALL NOTARIAL RECORDS.
erest to the lands aforesaid unto the said Edw: Joslin. Al- lowing what theire said Atturney or any of those two or foure of the Tenants so nominated shall doe concerning the pemisses.
[Page 75.]
11 (8) 1647 Major Edward Gibones, Valentine Hill, Thomas Clarke & David Yale merch's appointed Thomas ffowle late of Boston gent & Rob: Harding of the same merch theire true & lawfull Atturneys irrevocable int by & severally for them &c: to aske &c: of the Lo. Byron Baron of Rochdale, S' John Mennes Robt Jones or any other that had hand in the seizure of the Ship Adventur of Boston whereof J: Cutting was MI. as also of the Cargo, & of the receipt to give acquittance &c: also to compound &c & to appeare before all Lords Judges & Justices there to require &c: to doe say &c: & generally &c: Ratifying whatsoever theire said Att": or either of them shall doe in or about the Recovery of the sd ship & Cargo (seized by Author: or warrt from the said Lord Byron in the yeare 1644 as by the sª Lords tre & otherwise will appeare) or concerning the Composittion acquittances suites or other pceedings in Lawe, as fully & effectually to all intents & purposes as if them- selves had beene there present & acted & done the same. In witnes &c:
9. (8) 1647. Wm Hudson, Juni, of Boston constituted Wm Hudson his ffather his lawfull Att! irrevocable to ask &c: of all & singular pson or psons in the Realme of Eng: all & singular debts summe or sums of money or other Ac- counts due to the sd Wm Hudson, Juni, or from any pson or psons wthin the Realme of Engl. & of the receipt to give acquittance or acquittances &c: also to compound &c: & to appeare in any Court &c: to doe say &c: & generally &c: one Att or more &c: ratifyeinge &c: In witnes &c:
Boston this 9th of Octob: 1647
9. (8) 1647 I Wil: Aspinw. Not: & Tabell: pub. by Authorit: &c: att the request of Henry Shrimpton of Bost. in N: E: Att" to M' Jo. Bland of Lond. mercht wth him did goe & demand of Mr W: Tyng of Boston the sum of 2C & fifty pound due by bond Dat. 4 Apr. 1646. to be pd in Bever, according to a Copie of the sª Bond sent attested under the hand of Ralph Hartley Not: publ. wch being by me demanded Mr Tyng answered as followeth ; 1, he executed his originall bond for that the paymt was here to be made in N E: 2ly he conceives the pouration insufficient to secure
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ASPINWALL NOTARIAL RECORDS.
him, because the sd H: Shrimpton is not made Attur irrevoc- able, neither had he brought him the Originall but a Copie: & for that the sd Attu! doth refuse to give him bond to save him harmles. 3ly Mr Tyng answr that after his agreemt wth John Bland, Edward Bland being principall) sent over Comission & received in N E in pt of his Account the sume of 13 !! 2$ 5ª whereof he demanded a Discount, but the Attur. said he had no advise thereabouts, whereupon the sª W: Tyng refused to make paymt untill sufficient power might come both to discount wth him & to give him a full discharge or till his bond be returned him & given in. Wch answer being received, I the said Notr at the request of the sd Attur according to the order given by the sd Joh: Bland. did in his name ptest against the sd W. Tyng for non paymt of the said Bond & for all Damages wch the sd Jo: Bland doth or shall suffer by reason thereof. Quod virtute officij &c.
[Page 76.]
12 (8) 1641 Ro: Keayne of Bost: N E: mercht: did con- stitute Ben. Keayne his sonne & Wm Gray at the Cross keyes in Burchen lane Lond. his true & lawfull Atturs granting them powr &c: to aske &c: of all & singular &c: & in pticlr of Wm Willoughby of Wapping mariner, Tho Trowbridge late of N. Haven gent. & Stephen Wilk of Bristoll his execut. heires & admin: or any other (wch recd & had the 5bl of oyle consigned to Mr James Powell of Bristoll for the use of the Apperes) all & singular debt or debts summe &c: & of the receipt to give acquit: also to compound &c: & to appeare before al Lords &c: to doe say pursue &c: & generally &c: wth power to substitute &c: ratifyeinge &c. In witnes &c.
13. (8) 1647 Bee it knowne unto all men by these presents that I Richard Russell of Charlstowne in N: E: Woollen Drap. doe bind mee my heires Executs or Assignes to pay unto Mr John Miller of London Mercht or to his Executors or Assignes the summe of forty & twoe pounds twely shillings for a parcell of goods sould mee by Mr Thomas Bell of Roxbury in N: E: for his use in the yeare 1846. wch payment is to be made by me Richard Russell or Assignes att or uppon the first day of May in the yeare 1648 in Currant Money of England. In witness whereof I have made firmed & sealed this my bill this 13th of October 1647 (ffor his use) was interlyned before sealing & delivery hereof.
By me Richard Russell & a seale.
Sealed dd in the presence of Henry Shrimpton.
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ASPINWALL NOTARIAL RECORDS.
Be it knowne unto all men by these presents that I Richard Russell of Charlstowne in N: E: Woollen Drap doe owe & stand indebted unto Thomas Bell of Roxbury in the summe of ninety six pounds one shilling in currant money of England. ffor the true payment of wch summe in Eng- land unto him or his Executors Att or uppon the first day of May next ensueing the date hereof I doe bind me heires Executors Administrates firmly by these presents. Dat. the 13th day of Octob.
Anno 1647
Sealed & dd in the presence of Henry Shrimpton
By me Richard Russell & a seale.
These two Bills are true Copies of the like writeings pre- sented to mee by Tho. Bell aforesaid so firmed & attested.
13. (8) 1647 An Attest unto a Realease sealed & dd by Susan ffogg of Salem to Richard Gibb of London Refiner in generall for all Accounts excepting fifty pounds:
[Page 77.]
13. (8) 1647 Be it knowne by these pntes that I Will: Willoughby of Wapping in the Count of Midd. mariner do acknowledge my selfe indebted unto ffrancis Smith of Boston in the sume of eight pounds sterl to pe pd unto the sd ffra: Smith or his Assignes uppon the ould Exchang in London at or uppon the last of January uppon Demand. Unto the performance whereof I do oblige my selfe mine heires Execurs & Administratrs in double summe witnes my hand & seale this 9 (8) 1641.
Sealed & dd in pntes of William Aspinwall Notarius publ
Will: Willoughbie & a seale.
The abovesd ffra: Smith hath assigned the bill aforesaid unto Capt Robt Keine of Boston in N E: for valueable con- sideration by him acknowledged to be received & doth hereby Authorise constitute & ordeine the sd Rob: Keaine his lawfull Att! wth full power to aske leavie recover & re- ceive acquitt compound sue implead arrest, condemne &c: & generally to doe all things concerning the prmisses as effect- ually as if himself were present. Thus acted & done in the
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ASPINWALL NOTARIAL RECORDS.
towne of Boston the 9th of Octob: 1647 wth power to substi- tute one Attur or more wth like or limited power.
FS ffrancis Smith. marke.
Quod virtute officij mei
Rogatus signo solito attestor.
9'8, 1647. &c.
13. (8.) 1647 Malachi Browning late of Watertowne N E: gent. constituted Capt Robt Harding of Boston his true and lawfull Atturney granting him power to compound & agree wth Mr Tho: Browning of Mauldon in Essex Clerke for his title in reversion unto all those lands in Ratchford hundred in Essex wherein the sd Malachie hath an estate in Reversion & the said Composition to take & receive & there uppon to Deliver unto the said Thomas Browning a Release of the said Lands made & sealed by the sd Malachie bearing date wth the sd presents.
14. (8) 1647. Bee it knowne unto all men by these presents that I Thomas ffowle & Valentine Hill of Boston in N: England merchants doe bind or selves heires Executors & Administratrs unto John Glover of Dorchester tanner in the sume of fifty pounds currant English money wth this Con- dition that the said Thomas ffowle his heirs & assignes shall well & faithfully pay or cause to be payed the sume of therty pounds currant English money unto mr Henry Ashurst or his Assignes at the signe of the 3 Kings in Wat- linge streete Drap. in or before the first of April next ensue- ing the date hereof wthout delay, then the former obligation of fifty pound to be voyd otherwise to stand in force. In witness whereof wee have sett to o'r hands 23 octob: 1646. Tho: ffowle
Witnesses.
Val. Hill. William Tilly.
Matthew Chasse.
This is a true Copie of such a writeinge presented to mee by John Glover aforesaid 14 (8) 1647 so signed. & attested. I granted a Copie 11 (10) 1649.
[Written in margin] This was testifyed by the sd wit- nesses to be the deed of Tho. ffowle & Val: Hill. uppon oath taken at Boston 16. (8) 1647 before Mr John Winthrop Governor: /
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