USA > Maine > York County > Province and court records of Maine > Part 16
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128
PROVINCE AND COURT RECORDS OF MAINE
Whereas James Carrs bonds has declar'd forfit'd he being bound for the appearance of Eliz'a Rose, She not appearing & whereas there was a writ of Scire facias Issu'd out of the Clerks office for there appeare- ance to Show cause if any they had wherefore a warr't of distress ought not to goo forth ag'st them, he appearing and informing the Court that She might be apprehend'd ag'st the Next Court. Order'd that Exicution be Suspend'd untill the Next Court; and that there goo out a warr'tt to apprehend the Sd. Eliz'a Rose for her Appear'ce in July Court there to answer to her presentm't for having a bast'd child as likewise for her contempt of Authority.
Thomas Pickerin, came into Court & declared that he would not prosicute his appeal from a judgm't w'ch he appeal'd from at the Court of Gen'l Sessions of the peace held in this Sd county in Octob'r Last but that he would Abide the order & Judgm't of Sd Court. Memorand'm Thomas Pickerin principle Tho's Phips, Elisha Plaisted Esq'rs Suretys Acknowledge them Selfes bound & Oblig'd Joyntly & Severally unto the Over seers of the poor of the Town of york in the penal Sum of Sixty pounds Curr't money of aforeSaid to be paid to them or their Success'rs. The Condition of this Recogniz'ce is Such that if the above bound'd Thomas Pickerin Shall Observe & comply w'th the above Sd. order of Court in paying of Phebe Tanner [several words stricken] two shillings & Six pence per week from birth of her child during the Courts pleasure, & pay Fees of Court Then This Recogniz'ce to be Void & of none effect, Otherwise to remaine in full force & Vertue.
Lisence is grant'd to Phillip Hubbart to keep a house of Entertainm't for the Town of Berwick Untill July Next.
Lisence is grant'd to Benj'a Welch of Kittery to keep a house of Entertainm't Untill July Next.
Abraham Preble Esq'r Chosen county Treasur'r & Sworn in Court.
Eliz'a Allen & Mary Moralls bonds being continu'd to this Court Upon suspicion of Perjury as per the process & record appearing. the papers being delivered [to] the Grand inquest, and nothing appearing Sufficient to convict them, Its consider'd by the Court that they pay Fees of Court £4"5"10d and be Acquit'd.41
Thomas Butler Jun'r of Berwick being bound over to this Court by Charles Frost Esq'r one of his maj'tys Justices of the peace for Said county & compl't of Eliz'a Gooding for begeting her with child as per the process & record,-Its consider'd by the Court that he be Com-
41 The charges stemmed from the accusation of Thomas Hanscom in July, 1722. See supra, 99.
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COURT OF GENERAL SESSIONS, 2 APRIL 1723
mitt'd untill he give baile to the Value of fifty Pounds for his appeare- ance at the Next Court of Gen'l Sessions of the peace to be holden at york for Sd. county & to perform what Shall be by the Sd. Court award'd ag'st him and not to depart without liberty from Sd. Court.
Memorand'm Tho's Butler Jun'r principle, Josiah Gudridge & Tho's Gooding Suretys Acknowledge them Selfes to be holden & Stand firmly bound & oblig'd unto our Soveraign lord the Kings Maj'ty in the penal Sum of fifty Pounds to be pd to him his heirs or Success'rs. The Condi- tion of this Recogniz'ce is Such that if the Sd. Thomas Butler Shall appear at the aforesd Court & there Stand & abide the order of Sd. Court & not to depart without Lisence, then the above to be Void, otherwise to remaine in full force & Vertue.
[7:59]
Eliz'a Gooding being bound over to this Court by Charles Frost Esq'r one of his maj'tys Justices of the peace for Sd. county as per the record. She appearing and made Oath that Thomas Butler Jun'r is the father of the child she now gooeth with, Its considered by the Court that she give baile to the Value of five pounds for her appearance at the Next sessions.
Memorand'm Eliz'a Gooding principle James Frost & John Gooding Suretys Acknowledge them Selfes to be holden & Stand firmly bound & Oblig'd Unto our Soveraign Lord the Kings maj'ty in the penall sum of five Pounds to be paid to him his heirs or Success'rs. The Condition of this Recogniz'ce is Such that if the Sd. Eliz'a Gooding Shall per- sonally appear at the aforesd Court and there abide the order of Sd. Court & not to depart without Lisence then the above recogniz'ce to be Void; otherwise to remaine in full force & Vertue.
[Y. F. 1723, No. 5]
[Proceedings were initiated on a complaint by Elizabeth Goodwin herself. She is styled "Singlewoman." Justice Frost's hearing of the charge was on 28 March, the day after Elizabeth's complaint was lodged. Of some interest is the record of the Court's examina- tion of the woman; it is the fifth paper in the file on the case.]
Eliza Goodin being Exam'd on oath relating to Thomas Butlers begeting her w'th child w'ch She now goeth with made answers to the follo' viz.
Quest'n. Are You with Child & who is the father
Answ'r. Yes & by Thomas Butler
Q: how Long have you ben w'th child
A. about Six months as Neare as I can tell
Q: where was the place you was got w'th Child
A: in Salmon falls house
York Ss Taken in Court April 2nd 1723
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PROVINCE AND COURT RECORDS OF MAINE
[On 1 October the Clerk issued a summons per curiam for the Sarah Warren, Bridget Nason, "Matha" [sic] Hearl, Hannah Blashfull and Elizabeth Hearl to give evidence relating to Elizabeth Goodwin's examination in the time of her travail.]
Thomas Gooding appearing to answer his presentm't for profaine Swaring & cursing Its considered by the Court that he pay a fine to the poor of the Town of Berwick of Ten Shillings & Fees of Court: 7s. & Stands committ'd.
Thomas Hutchings being bound over to this Court by Charles Frost Esq'r one of his maj'tys Justices of the peace for Sd. county upon Suspi- tion of Stealing a Sow from Deliverance Gooding as per the process & record, it appearing to the Court that it was thro mistake that he took the Sow Its therefore considered that he pay Fees of Court 65s6 and be Acquit'd and that the constable be ordered to deliver the Sd. Sow to Sd Deliverance Gooding.
Presentments made by the Grand Inquest to this Court are as fol- loweth vizt:
Eliz'a Brackit of York for Fornication
The Town of Kittery for want of a conveinant high way from Mr. Curtis's bridge to Maj'r Frost
Lydia Spinny of Kittery for Fornication
CALEB KIMBLE Foreman
Ordered that Seventeen pounds Eleven Shillings be paid out of the county Treasury to Cap't John Leighton being the ball'ce of his Sheriffs Acco't as per the perticul'es in the Acco't on file appears
ANNO REGNI REGIS GEORGII NONO
At a Court of Gen'l Sessions of the peace holden at York for & within the County of York. July 2'd 1723: Present Charl's Frost, Abraham Preble, Jo's Hammond & Jo's Hill Esq'rs
The Grand Inquest are as followeth vizt
John Sayword Foreman
Noah Emery
Josiah Gudridge
Thomas Perkins
Wm Brooks
Henry Simpson Jun'r
John Mogridge
Thomas Gooding Sam'l Tredwell
Elihue Parsons
Jo's Billing
George Butland
Pemblton Fletcher
Ordered that the Sellectmen of the Town of Kittery make a rate on the Inhabitants of the Lower Parish for the Sum of one hundred pounds & that it be comitt'd to the constable of Sd parrish to collect and that
131
COURT OF GENERAL SESSIONS, 2 JULY 1723
the Sellectmen take Effectual care it be paid to their present minister of sd parrish for his sallary this present year.
Ordered that the Sellectmen of the Town of Kittery make a rate on the Inhabitants of the upper Parrish for the Sum of Eighty Six pounds & that it be comitt'd to the constable of Sd parrish to collect and that the Sellect'm take Effectual care it be paid to their present minister of sd. parrish for his sallary this pres't year.
[7:60]
A Complaint being made by James Grant of Berwick that he is Over rated in the Sever'l taxes of the last year, Order'd that the constable of Said Town of Berwick forbare making any distress upon the Sd. Grant Untill the Next Court of Gen'l Session of the peace for Sd. county and the assess'rs be Notyfied to produce a list of their Several Assessm'ts at the Said Court.
Thomas Butlers bonds being continued to this Court by complaint of Eliz'a Gooding for begeting her with child. She not being delivered, Its considered by the Court he be comitt'd untill he give baile to the Value of fifty pounds for his appeareance at the Next Sessions & to perform what Shall be by the Sd. Court be award'd against him & not to depart without Liberty from sd Court.
Memorand'm Thomas Butler Jun'r principle Josiah Gudridge & Thomas Gooding Suretys Acknowledge them Selfes to be holden & Stand firmly bound & oblig'd unto Our Soveraign Lord the Kings maj'ty in the penal Sum of fifty pounds to be p'd to him his heirs or Success'rs. The Condition of this recogniz'ce is Such that the Sd Tho's Butler Shall appeare at the afores'd Court & there Stand & abide the ord'r of Sd Court & not to depart without Lisence, then the above to Void, other- wise to remaine in full force.
Nathan Bartlet, Rich'd Gowel Jun'r & John Dennett three of the Sellectmen of the Town of Kittery appearing to answer the Towns presentm't for want of a high way from Curtis's bridge to Maj'r Frost, There not appearing a Quorum of Justices to try the Same, by the re- moval of Charl's Frost & Jo's Hammond Esq'r, Its consider'd that it be continu'd untill the Next Sessions.
[Although the Clerk's record for this court is silent on the matter, it would seem that the following petition of the Keeper of His Majesty's Jail for the County of York was acted upon. Pearce Shortwell's problems were numerous from 1719 on; as noted in the petition below, Shortwell was committed "Some time in may 1721." As a pauper he
132
PROVINCE AND COURT RECORDS OF MAINE
could neither meet his debts nor-what was worse for the jailer-provide for his "Keep- ing and Diating" while in prison.]
[Y. F. 1723, No. 5]
[1] York Ss
To the Hon'rable the Justices of his maj'ties Superior Court of Judicature Sc now Setting at York for the County of York
The Complaint & Petition of Benjamin Stone of York afore'sd: Goal Keeper
Humbly Sheweth
That Yo'r: Petitioner received one Peirce Shortwell into his maj'ties Goal (he being taken in Execution) Some time in May 1721 where he the sd Shortwell continued till January following being Eight months & then taking the advantage which the Law42 gives Swore himself out of Goal yo'r: Petitioner never receiving any Satisfaction for Keeping and Diating the sd: Prisoner during the time aforesaid
Yo'r: Petitioner therefore humbly prays that Yo'r: Hon'rs: would find some way to redress his sd: Grievance & provide remedy in the Premmisses Dated 14th [?] may 1723
Benj'a Stone
[Reverse:]
York Ss. In Sup'r Court at York
May 1723
The Consideration of this Petition is Recommended to the next Court of General Ses- sions of the Peace for the County of York, in order to provide some Releif for the Petit'r out of the County Treasury, or other wise as may be agreeable to Law
By Order of Court Benj'a Rolfe Cler.
York Ss: July 2d. 1723: ordered that foure pounds ten shillings be pd out of the county treasury to Mr. Benj'a Stone prison keeper for the keeping of Pearce Shortwell a poor prisoner: 33 weeks & for prison Fees, he [Shortwell] having Sworn him Selfe out
Attest Wm Pepperrell Cler
[2. A record of the procedures undertaken by Shortwell in the summer of 1721, in order to procure his release from prison.]
Yorks Ss: Whereas Complaint by way of Potision [sic] hath bin made to me the Sub- scriber by Pearce Shortwell a poor Prisoner detained (by Execution for sundrys due to Mr Sam'll Dinny and Mr John Coolyer of George Town in Said County of York:) within said Goal of Said County Ever sence the Superior Court in May Last Past also seting forth in sd Potision that he is not worth ten Pounds Nither able to Pay Either of afore said Execution or Executions Prays the benefit of the Law to make oath of his Inability as the Law directs These are therefore To Mr Benj'a Stone und'r Sheriff and Keeper of his Maj'ts Goal in sd County of York to Command you on Sight to bring said Pearce Shortwell before me the subscriber Att your dwelling house to Reseave the benifiet of said oath as is in the Law directed &c: and so to Return Emediatly within
42 1698 Province Laws ch. 11, An Act for the Relief and Release of Poor Prisoners for Debt. 1 Acts and Resolves 330-333.
133
COURT OF GENERAL SESSIONS, 2 JULY 1723
said Goal againe as the Law directs fail not as you will answer the Contirary att the Perrill of the Law
Given under my hand and seal att York
August the 12th 1721
Abra'm: Preble Jus: pec
August the 12th 1721. In obediants to the above Warant to me directed I brought Pearce Shortwell Before the above sd Abra'm Preble Esq'r at my dwelling house in Said york and after he had taken the oath as above sd: Returned him into Goal a gaine
per me: Benj'a Stone under Sheriff
made out unto the Said Cred'rs
per Abra'm Preble Justes Pe'c
[In Pepperrell's hand:]
a copy compar'd per the Origin'l & Compar'd per Me Abra'm. Preble J: peace to Mr Sam'l Denney Compar'd per Wm Pepperrell Cler
[Upside down, at the bottom of the same page appears Preble's warrant to the constable of Georgetown. This is sealed, and it would seem that Preble used this copy of the process to carry the warrant, and also provide the people in Georgetown with a record. The constable's return is squeezed into a margin on the first page.]
York Ss. To The Constable of the Town of Georgestown [sic] in the County of [Seal] York These are To Command you in his Majestys Name to Sumans Samu'll: Dinney and John Coolyer of your sd town to make their Parsonal appearance before his Majestys Justices at our Court of Gene'rll Sessions of the Peace to be holden at York on the first Tuesday of aprill next within in & for said County of York then and there, they or Either of them to declair Reason if any they or Either of them have why Pearce Shortwell within named should not be Sett att Libberty from his Majestys Goale and fully discharged according to Law as the proceeding of the within precept have bin and you are to Read the within proceeding to Each of them and make due Return of your proceeding herein to My Selfe or unto the Cleark of Said Court within forty days from this datt. Fail not at the Perill of the law
Given under My hand and seale att York febu'r the 5th: 1721/2 Abra'm: Preble Jus. peace
[On the front page, in the top left margin, written on the long side of the sheet:]
George Town Feb'r 15th 1721-2
Pursuant to the within Summons I have Notified & Summon'd Sam'll Denny & Read the whole premisses to him. John Comillard being out of my precinct (Removed to the Westward)
James hall Constable
[3. The next paper is a copy of the preceding, except that it does not contain the sum- mons directed to the Constable of Georgetown or his return. It was clearly sent down, and served, however, as the two endorsements on the reverse side show:]
George Town on Tuesday Sept 19 1721
This day the Subscriber here of James Hall delivered the (the) within written Notifica- tion to Mr Sam'll Denny of George Town
James hull [sic]
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PROVINCE AND COURT RECORDS OF MAINE
York Ss: George Town Sept: 19th: 1721.
Then Appeared Mr: Sam'l: Denny & made Oath that he did not recieve the within written notification before this day, & that it was Delivered him by James Hall as above
Cor': John Penhallow Jc: Ps: [4.]
[On the outer fold:]
For Capt'n John Leighton High Sheriff of the County of Yorke [This?]
[Inside]
Dec:br the 22:d 1721
Sr:
Thess with my humble respects in hopes they may find your honor in good health. Sr thess liness may asure you thatt I have been in disspossed of Latte. Sr I received your orders to be prosecuted att arowsick butt I wass not able to perform them as yett in as much as I wanted my health, I would have seen your honor att the Last Court had not thatt [i.e., ill health] hindred me. Sr I oferd to give twenty shillings as a fee for my passage thither [above the line: to rowsick] butt could not obtaine Sr I would have been att this next Court had not the impediment of my health hindred me Sr having noe more thatt now offers I rest your honors Servant to Comand
Benj'a: Larraby
[Also among the papers is an attested copy of the entry of the Court of Sessions of 3 October 1721 relating to Samuel Denny.]
Eliz'a Brackit appearing to answer her presentm't for Fornication She owning The fact, and making Oath that Barsham Allen is the father of Sd. child lately born of her body, Its considered by the Court that She receive Seven Strips on her nak'd back at the post & pay Fees of Court 7s, or that She pay a fine to the King of thirty Shillings & fees of Court as aforesd; and that She give a bond to the Value of ten pounds for her appeareance at the Next Court of Gen'l Sessions of the peace to be holden for Sd. county & that there goo out a process ag'st the Sd. Barsham Allen.
Memorand'm Sam'l Brackit & Andrew Grover Acknowledge them Selfes bound to our Soveraign Lord the Kings Maj'ty in the penal Sum of ten pounds to be paid to him his heirs or Success'rs. The Condition of this Recogniz'ce is Such that if the Sd Eliz'a Brackit Shall appeare at the above mention'd sessions & there to abide the order of Sd. Court & not to depart without Lisence then the above to be Void, otherwise to remaine in full force.
Ordered that the Sum of fifety pounds be assess'd on the Inhabitants of part of this county to be paid into the county Treasurey by the first
135
COURT OF GENERAL SESSIONS, 1 OCTOBER 1723
of January Next & the Treasur'r is hereby direct'd to Issue out his warrants to the Sellectmen of the Sever'll Towns accordingly vizt
Kittery fiveteen pounds twelve Shillings & Six pence - £15" 12 " 6
York thirteen pounds fiveteen Shillings - - 13"15"-
Berwick Eleven pounds Seventeen Shillings & Sixpence 11"17 "6
Wells-Eight pounds fiveteen Shillings 8"15"-
£50"-"-
Presentments made by the Grand inquest to this court are as fol- loweth vizt
We present the Town of York for not maintaining Sufficient Bridges & causways perticul'r on the North East side of cape nedeck river
JOHN SAYWORD Foreman
Lisence is granted by this Court to the Several persons following to be Taverners & Retailers the year Ensuing For the Town of Kittery: Paul Wentworth, Benj'a Welsh, Mary Staple, Benj'a March, James Chadbourn, Rob't Mitchel, Roger Mitchel, Jo's Curttis, Nath'l Cane, Sarah Hix; & William Pepperrell & Stephen Eastwick to retaile
[7:61]
For the Town of York: John Woodbridge, John Stover, & Al'ce Donnall, & Abraham Preble, Esq'r to retaile
For the Town of Berwick, Jo's Abbit, James Frost & the wid'w Hubbart
For the Town of Wells, John Stover & John Wells
For the Town of Arrundell Jabes Doreman, Thomas Perkings; & John Watson to retaile
For the Town of Biddiford, Nath'l Tarebox; & Sam'l Jording to retaile
For the Town of Falmouth, Rich'd Coller; & Sam'l Moody Esq'r to retaile
ANNO REGNI REGIS GEORGII DECIMO
At a Court of Gen'l Sessions of the peace holden at York for & within the county of York: Octob'r 1st, 1723: Pres- ent John Wheelwright, Charls Frost, Abraham Preble, Joseph Hammond & Joseph Hill Esq'rs
136
PROVINCE AND COURT RECORDS OF MAINE
The Grand Inquest are as followeth vizt:
John Sayward Foreman
William Brook
Josiah Gudridge
Thomas Perkings Henry Simpson Jun'r
Sam'l Donnall
Thomas Gooding
Elihu Parsons
John Mogridge
Sam'l Tredwell
Noah Emery
Joseph Billing
George Butland
Charl's Frost Esq'r, John Dennet & Richard Gowell three of the Sellect'm. of the Town of Kittery appearing to answer the Towns pre- sentm't for want of a Sufficient high way from Sturgeon Creek to Curttis's bridge they promissing to take a Effecttual care that the way Shall be mend'd, Its considered they be Acquit'd paying Fees of Court 12s.
Eliz'a Rose appearing to answer her presentm't for having a bast'd child as Likewise for her contempt of Authority, She owning the fact. Its considered by the Court that She receive fiveteen Strips on her nak'd back at the post Severely Lay'd on & pay Fees of Court 47s. & Stands committ'd.
Rob't Hooper appearing to answer his presentm't for profaine Swar- ing & cursing he owning the fact, Its considered by the Court that he pay a fine to the poor of the Town of York of ten Shillings & pay Fees of Court 9s. & Stands comitt'd.
Francis Smart appear'd in Court & was cleared of his bond for his good behavior per proclamation.
Lydia Furnald being bound over to this Court by William Pepperrell Esq'r one of his maj'tys Justices of the peace for Sd county for being with child with a bast'd child & Accusing of John Clark to be the father of Said child; Eb. More & Jon'a Dam her Suretys appearing & inform- ing the Court She was not delivered nor able to com to Court & that they dessired there bonds to be continu'd, Its considered by the Court that their request be grant'd & that their bonds be continu'd untill January Court Next.
Eliz'a Brackit appear'd in Court and was declar'd cleare of her bonds by Proclamation
Ordered that their goo out of the Clerks office a new process for the Apprehending of Barsham Allen
[7:62]
John Clark being bound over to this Court by William Pepperrell one of his maj'tys Justices of the peace for Said county for being the reput'd father of a bast'd child begotten on the body of Lydia Furnald,
137
COURT OF GENERAL SESSIONS, 1 OCTOBER 1723
She not being delivered, Its considered by the Court that he be comitt'd untill he give baile to the Value of Sixty pounds for his appeareance at the Next Session and to perform what Shall be by the Said Court award'd against him and not to depart without Liberty from Said Court.
Memorand'm This day John Clark of Portsm'o in our Province of New Hampshire carpent'r, principle, Francis Pittegrove & John Mog- ridge Suretys, Acknowledge them Selfes to be holden & Stand firmly bound & oblig'd Joyntly & Severally unto our Soveraign Lord the Kings maj'ty for the penal Sum of sixty Pounds lawfull money of aforesaid to be paid to him his heirs or Success'rs. The condition of the above recogniz'ce is Such that if the above bound'd John Clark Shall per- sonally appeare before his maj'tys Justices of the Next Court of Gen'l Sessions of the peace to be holden at York for Sd. county on the first tuesday of Janu'r Next & there to Stand & abide the order of Sd Court & not to depart without Lisence and in the mean time to be of good be- haviour towards his ma'ty & all his Liege People. Then the above to be Void & of none Effect, otherwise to be remain in full force Strength & Vertue.
Thomas Butler Jun'r being bound over to this Court for being the reput'd father of a bast'd child begotten on the body of Eliz'a Gooding. She appearing in April Court Last & being Examin'd face to face made oath that the Sd. Thomas Butler is the father of Sd. child, as Likewise Sarah Warren & Martha Hearl appearing and being Exam'd upon oath did declare that the Sd. Eliz'a Gooding in the time of her travil did Accuse the Sd. Thomas Butler to be the father of Sd. child. Its there- fore considered by the Court that the Sd. Thomas Butler pay to the Sd. Eliz'a Gooding towards the mainten'ce of Sd. child two Shillings & Six pence from the birth of Said child during this Courts pleasure & pay Fees of Court three pounds Eight Shillings, & to Stand committ'd untill he geett Suretys to perform the Same.
Memorand'm Thomas Butler Jun'r principle, Joseph Pray & Josiah Gudridge Suret's Acknowledge them Selfes bound & oblig'd Joyntly & Severally unto the Over Seers of the poor of the Town of Berwick in the penal Sum of Sixty pounds curr'tt money of [New England] afore- said to be paid to them or their Success'es. The Condition of this Recogn'ce is Such that if the above bound'd Thomas Butler Shall ob- serve & comply w'th the Said order of Court, then the above Recog- niz'ce to be Void & of none Effect otherwise to remain in full force & Vertue.
Eliz'a Gooding being bound Over to this Court for having a bast'd
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PROVINCE AND COURT RECORDS OF MAINE
child She owning the fact, Its considered by the Court that She receive Seven Strips on her nak'd back at the post & pay Fees of Court thirteen Shillings, Or that She pay a fine to the King of thirty Shillings & Fees as aforeSaid, & Stands committ'd.
The Sellectmen of the Town of York appearing to answer their Towns presentm't for not maintaining Sufficient bridges & causways perticularly on the North East side of cape neddick, they informing the Court that Since the Sd presentm't they had caus'd the Sd. bridges to be mended. Its considered by the Court they be Acquit'd paying Fees of Court: 8s.
The above Sellect'm of the Town of York appear'd & request'd that they might answer their New present'm (for want of Sufficient ways, vizt to Trafton ferry & from the mill Creek toward Berwick) w'ch being grant'd & they promissed to take Effecttual care that the ways be mend'd. Its Considered they be acquit'd Paying Fees of Court: 5s.
Abig'l Morgen being brought before this Court to receive the Sent'ce declared ag'st her in July Court, 1722, She making Excuse that She was not able to com to receive it at the time Set by the aforesaid Court, Its considered that She now receive it & pay additional costs the whole amounts too £2"2"-& Stands committ'd untill Sentence perform'd.
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