USA > Maine > York County > Province and court records of Maine > Part 17
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[7:63]
Whereas James Grant made a Complant to July Court Last that he was over rat'd in the Several tax's of the Last year, who then ordered the Assess'rs to be Notyfi'd that they Should produce a list of their Several Assessm'ts to this Court; Benj'a Libby, John Homs [Holmes] & Joseph Pray who was then Assess'rs appearing, and both partys being heard, Its ordered by the Court that the Said James Grant be abat'd out of the minist'rs rate: 10s., Town ditto 5s., Province ditto. 2s., School ditto: 3s., the whole twenty Shillings & foure pence: & that the Assess'rs pay costs 12s.
Presentm'ts Made by the Grand inquest to this Court are as fol- loweth vizt: The Town of Kittery for Defect in the Great Bridge by old Mrs. Curtices, and York for want of Sufficient ways vizt to Traftons ferry & from the mill Creek toward Berwick and Elianor Baine now Moulton of York for Fornication, and Hannah Spinny of Kittery for Fornication
JOHN SAYWARD Foreman
139
COURT OF GENERAL SESSIONS, 7 JANUARY 1723/4
ANNO REGNI REGIS GEORGII DECIMO
At A Court of Genl Sessions of the peace holden at York for and w'thin the county of York: January: 7th, 1723/4 Present John Wheelwright, Charl's Frost, Abraham Preble, Joseph Hamond, Sam'l Moodey, Sam'l Plaisted, & Joseph Hill Esq'rs.
The Grand Inquest are as Followeth vizt:
John Sayword Foreman Thomas Perkings Henry Simpson Jun'r
William Brooks
Sam'l Donnall
Thomas Gooding Sam'l Tredwell
Elihu Parsons
Jo's Billing
George Butland
Noah Emery
Josiah Gudridge
John Mogridge
Lydia Furnalds bonds being continu'd to this Court for having a bast'd child, and Accusing of John Clark to be the father of sd child, Eb. More & Jon'a. Dam her Suretys appearing & informing the Court that She was not able of body to com to this Court, & requested that their bonds might be further continu'd untill April Court Next, Its con- sidered by the Court that their request be grant'd, & that their bonds be further continu'd untill Sd Court and that the Sd. John Clark be comitt'd untill he give baile to the Value of Sixty pounds for his ap- peareance at the Next Court of Gen'l Sessions of the peace to be holden at York for Sd. county on the first Tuesday of April Next & 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 This day John Clark of Portsm'o. in our Province of New Hampshirearpentr principle, Zabul'n Trickey & Joseph Hill Suretys Acknowledge them Selfes to be holden & Stand firmly bound & Oblig'd Joyntly & Seaverally unto our Soveraign Lord the Kings maj'ty for the penal Sum of Sixty pounds lawfull money of aforesd to be pd to him his heirs or Success'rs. The Condition of this above recogniz'ce is Such that if the above bound'd John Clark Shall personally appeare before his maj'tys Justices of the above mention'd Court and there to Stand & abide the order of Sd. Court & not to depart without Lisence and in the mean time to be of good behavior towards his maj'ty & all his Liege People, Then the above to be Void & of none Effect otherwise to Remaine in full Force Strength & Vertue
Jos Curttis appearing to answer his presentm't for Selling Syder; he
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PROVINCE AND COURT RECORDS OF MAINE
given reasons to the Sattisfaction of the Court; Its considered by the Court he be Acquit'd paying Fees of Court: 7s.
[7:64]
Thomas Butler and Benj'a Guttridge of Berwick in our Sd. county being brought before Charl's Frost Esq'r one of his maj'tys Justices of the peace for rescuing43 horses from Miles Thompson & being ordered by Sd. Justice to pay a fine of fourty Shillings for the Use of the poor of the Town of Berwick & cost of Court it also appearing that at the Same time the Sd. Guttridge did profainely Swear by the name of God & he being ordered by Sd. Justice to pay a fine of five Shillings for the Use of the Poor of Sd. Town of Berwick, made their appeal from Sd. Sentence to this Court, and being call'd & not appearing, Its considered by the Court that a writ of Scire facias Issue out of the Clerks office ag'st the Sd. Thomas Butler & Benj'a Guttridge principles: & Jonathan Nason & Rich'd Thurla of Kittery Suretys for their appearance at April sessions Next & to Shew cause if any they have wherefore a warrant of Distress ought not to go forth ag'st them for the Fines & costs &ct & also for the Sum of five pounds forfiet'd for non proscicution of their Sd. Appeal
[Y. F. 1724-25, No. 1]
York Ss October 1st 1723
Thomas Butler and Benjamin Guttridge being brought before me for Rescuing horses from Miles Thompson According to the process, Who Pleaded Not Guilty. The Allega- tions, Pleas and Evidences on both Sides being fairly Heard and Debated, It is Con- sidered the Said Butler and Guttridge pay a fine of fourty Shillings for the Use of the Poor of the Town of Berwick and Cost of Court. It also Appearing that at the Same Time the Said Guttridge did Profanely Swear by the Name of God, It is Therefore Considered he Pay a fine of five Shillings for the Use of the Poor of Said Town of Berwick
Charles Frost J. Peace
The Said Butler & Guttridge Appeals from the Above Judgment to the Next Court of Generall Sessions of the Peace to be holden at York for the County of York on the first Tuesday in January Next
Attest Charles Frost J Peace
A True Copie Exam'd per Charles Frost: J Peace]
James Parker being bound over to this Court by Sam'l Moodey Esq'r. one of his maj'tys Justices of the peace for Sd county for Selling Strong drink by Small Quantitys without Lisence, he coming into Court own'd the fact. Its considered by the Court that he pay a fine of Six pounds,
43 Rescue: At common law, unlawfully or forcibly taking back of goods which have been taken under a distress, etc. Black's Law Dictionary, 4th ed. (1951), 1472.
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COURT OF GENERAL SESSIONS, 7 JANUARY 1723/4
thirteen Shillings & foure pence, & Fees of Court: 51s 10d; the fine to be dispos'd of vizt One halfe to the poor of the Town of Falmouth & the other halfe to Cap't Jerm'a Moulton the Commission'r & to Stand comitt'd untill Sentence perform'd.
Joseph Sweat constable of York having a warr't for Barsham Allen who he apprehend'd & afterwards Suffered him to Escape: ordered that there goo forth a new process for the apprehending the sd Allen so that he may be had at April sessions Next, & that the sd Sweat appear there to answer for his neglect.
Elianor Moulton appearing to answer her presentm't for Fornica- tion She owning the fact, & Saith that Abel Moulton is the father of sd child w'ch She Stands present'd for, Its considered by the Court that the sd Elianor Moulton receive Seven Strips on her nak'd back at the post & pay Fees of Court Seven Shillings; or that She pay a fine to the King of thirty Shillings and Fees as aforesaid & Stands comitt'd Ordered that Abel Moulton be had at the Next Court to answer to the afforesaid premises.
Job Commacher an Indian being bound over to this Court by Charles Frost & Joseph Hamond Esq'rs two of his maj'tys Justices of the peace for sd county per complaint of John Morrell Jun'r for Violently Assulting & abusing sd Morrell in cuting him w'th a hatchet as per the record & process appears, Its considered by the Court that the Sheriff of this county take the Sd Commacher into Custody & de- liver him to Such Officer as Shall be appoint'd in New Hampshire receive him at the Line (it appearing that the Sd Fact was committ'd in Sd Province of New Hampshirevided Sd. John Morrell before the rising of the Court give baile w'th Sufficient Suretys to proscicute, otherwise the sd Commacher to pay Fees of Court 27s and be Acquit'd.
Daniel Grant being brot to this Court to answer to his two Sever'l presentm'ts for not attending the Publick worship of god, as Likewise for his contempt of Authority; Its considered by the Court that he pay a fine to the Use of the poor of the Town of Berwick for the Sd two presentm'ts of fourty Shillings & Fees of Court 32s and for his contempt of Authority he give bond w'th Sufficient Surety to the Value of five pounds for his good behaviour untill the Next Sessions & Stands com- mitt'd untill Said Sentence is perform'd.
[7:65]
Sarah Hanny wife of Joseph Hanny being bound over to this Court by Abraham Preble Esq'r One of his Maj'tys Justices of the peace for
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PROVINCE AND COURT RECORDS OF MAINE
Sd County, for having found in her Possession a large put'r dish w'ch was Suspect'd to have ben Stolen from Dorothy Watkins wid'w & Ad- ministr'x to the Estate of Capt. John Watkins late of New Castile in our Province of New Hampshire's & Sarah Hanny appear- ing who being Ask'd where [sic] they where [sic] Guilty or not Guilty; who pleads not guilty & desiring to be try'd by God & the countery, the Grand Jury being dismist, Its considered by the Court that it be con- tinu'd untill the Next Court of Gen'l Sessions of the peace to be holden at York for sd county & that the sd Jo's & Sarah Hanny give bond w'th Sufficient Suretys to the Value of thirty pounds for their appeareance at the afores'd Sessions & to perform what Shall be award'd ag'st them by sd Court & not to depart without Liberty from sd Court as Likewise to give bond w'th Sufficient Suretys to the Value of thirty Pounds unto the Sd Dorothy Watkins to pay her Treble damages if she recover ag'st them As Likewise that the sd Dorothy Watkins give bond w'th Suffi- cient Suretys to the Value of ten pounds that She Shall proscicute the sd Joseph & Sarah Hanny at the aforesaid Court
Memorand'm Joseph & Sarah Hanny principles, Thomas Baker & John Booker Suretys all of York in our sd county of York, Acknowl- edge them Selfes to be holden & Stand firmly bound & oblig'd unto our Soveraign Lord the Kings maj'tys in the penal Sum of Thirty pounds Lawfull money of [New England] aforesd to be paid to him his heirs or Success'rs. The Condition of the above Recogniz'ce is Such that if the sd Jo's & Sarah Hanny Shall personally appear before his maj'tys Justices of the Court of Gen'l sessions of the peace to be holden at York for sd county on the first Tuesday of april Next, & there to Stand & abide the order of sd Court & not to depart without Lisence, Then the above to be Void & of none Effect, otherwise to be & remaine in full force & Vertue
Memorand'm the Sd Jo's Hanny principle, Thomas Baker & John Booker Suretys Acknowledge them Selfes to be holden & Stand firmly bound & oblig'd unto the sd Dorothy Watkins in the penal Sum of thirty pounds. The Condition of the Recognz'ce is Such that if what Shall be award'd at the afforesd Court to the sd Dorothy Watkins Shall be paid her by the sd Jo's Hanny, That Then the above to be Void and of none Effect otherwise to be & remaine in full force & Vertue.
Memorand'm Capt. Wm Pepperrell Jun'r Attorney to the sd Dorothy Watkins as principle Tho's Phips Esq'r & Hercular Fornald Suretys Acknowledge them Selfes to be holden & Stand firmly bound & oblig'd Joyntly & Severally in the penall Sum of Ten pound Lawfull money of
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COURT OF GENERAL SESSIONS, 7 JANUARY 1723/4
aforesaid to be paid to our Soveraign Lord the King his heirs or Suc- cess'rs if the sd Dorothy Watkins Shall make default in her proscicuting as above Said.
James Tyler appearing to answer his presentm't for Selling Strong drink by Small Quantitys without Lisence, he being Ask't where [whether] guilty or not guilty he pleads not guilty & desiring to be try'd by God & the countery; the Grand Jury being dismist, Its considered by the Court that it be continu'd untill the Next Sessions to be hold'n at York for sd county, and that he give bond with Sufficient Suretys to the Value of twenty pounds for his appeareance at the afforesd sessions & to perform what Shall be by sd Court award'd ag'st him & not to de- part without Liberty from sd Court.
Memorand'm James Tyler of York in sd county principle, Francis Littlefield & Ellia'm [Eliakim] Warwick of Wells in our sd County Suretys, Acknowledge them Selfes to be holden & Stand firmly bound & Oblig'd Joyntly & Severally unto our Soveraign Lord the Kings Maj'ty in the penal Sum of Twenty pounds to be paid to him his heirs or Suc- cess'rs. The Condition of the above is Such that if the sd James Tyler Shall personally appear before his ma'tys Justices of the Court of Gen'l Sessions of the peace to be holden at York for sd county on the first Tuesday of April Next, & there to Stand and Abide the order of sd Court & not to depart without Lisence, Then the above to be Void & of none Effect, otherwise to be & remaine in full force, Strength & Vertue.
[7:66]
Sam'l Hill constable of Wells having a warr't to aprehend John Tre- worgie so that he might have ben had at this Court, who made return that he had aprehend'd him, but that his Cap't would not leett him be bro't, w'ch return is not acceptable to this Court, ordered that there goo forth a new process for the aprehending the sd Treworgie so that he may be had at april sessions Next, as Likewise that sd Constable Hill appeare there to answer for his Neglect.
The presentm'ts made by the grant Inquest to this Court are as fol- loweth vizt:
Hannah Grover now the wife of John Leighton of York for Fornica- tion.
Sarah Johnson now the wife of Henry Simpson for Fornication
James Tyler of York for Selling Strong drink by information of Capt. Jerem'a Moulton; Job Curttice for Selling Syder
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PROVINCE AND COURT RECORDS OF MAINE
John Burrell for not frequenting the Public worship of God: & the Constables of Every Town in the county for not providing a Standard of Lawfull weights & measures44 in Each Town Except the Towns Eastward of Wells
JOHN SAYWORD Foreman
ANNO REGNI REGIS GEORGII DECIMO
At a Court of Gen'l Sessions of the peace holden at York for & within the county of York April 7th, 1724: Present John Wheelwright, Charles Frost, Joseph Hammond & Joseph Hill Esq'rs
The grand inquest are as follow'th vizt.
John Sayword Foreman
Elihue Parsons
Josiah Gudridge
Geo: Butland
Noah Emery
Thomas Gooding
John Mogridge
Sam'l Donnal
Sam'l Tredwell
Pemblton Fletcher
Jo's Billing
Benj'a Webber
Wm Brooks
The Grand inquest for the Year Ensuing being sworn are as fol- loweth vizt45
Sam'l Clark Foreman
Sam'l Shorey
Sam'l Savery
Abiel Goodwin
Peter Staple
Tho's Gooding
Zachi's Trafton
Gowen Willson
Zebulon Preble
Diamond Sergant
Lydia Fernalds bonds being continu'd to this court for having a bast'd child lately born of her body, She appearing own'd the fact. Its considered by the Court that She receive seven Strips on her nak'd back at the post & pay Fees of Court 18s6 or that She pay a fine to the King of thirty Shillings & Fees as aforesaid, & Stands comitt'd.
[7:67]
John Clarks bonds being continu'd to this Court for being the Re- put'd father of a bastard child begotten on the body of Lydia Fernald, She continuing constant in sd Accusation in Court face to face as also Catharine Waymouth maketh oath that She was w'th the sd Lydia Fernald in the time of her travil & that She was Examin'd at the same
44 Two statutes governed: 1692-93 Province Laws ch. 30, An Act for the Due Regulation of Weights and Measures, 1 Acts and Resolves 69-70; 1705-6 Province Laws ch. 6 An Act in Addition to the above ibid., 575-576.
45 This list was short four names. See infra, 158, 159.
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COURT OF GENERAL SESSIONS, 7 APRIL 1724
time who constantly affirm'd that the Sd John Clark was the father of Sd bastard lately born of her body. Its therefore considered by the Court that the sd John Clark pay to the sd Lydia Fernald tow'ds the maintenance of sd child two Shillings & Six pence per week from the birth of Sd child during this Courts pleasure & pay Fees of Court 33s. & to stand comitt'd untill he geett suretys to perform the same
Memorand'm John Clark principle Joseph Hodgdon & Thomas Hutchins suretys Acknowledge them selfes bound & Oblig'd Joyntly & severally unto the Sellectmen or over Seers of the poor of the Town of Kittery in the penal sum of sixty pounds to be paid to them or their success'rs. The Condition of this recogniz'ce is such that if the above bound John Clark Shall observe & comply w'th the above sd order of Court & keep the Town of Kittery free from any change for sd childs maintenance then the above to be Void otherwise to remain in full force.
Joseph Hanny & Sarah his wife being bound over to this Court from the last Court of Gen'l sessions of the peace holden at York for our Said County, for being suspect'd of having stolen a large put'r dish w'ch was found in their possession claim'ed by Dorothy Watkins as administer'x to the Estate of Capt. John Watkins late of New Castile in our Pro. New Hamp'shr, dece'd, as per the process & record appears, the Several papers being delivered the Grand Jury who present'd Joseph Hanny for stealing a put'r plater Alias supe dish belonging to sd John Watkins, the Said Joseph Hanny [several words lined out] pleads not Guilty & puts him selfe upon Tryal by God & the countery, after a full hearing the case was comitt'd to the Jury, who went out thereon & return'd their Verdict upon Oath vizt, they have Examin'd the presentment & find Joseph Hanny guilty of stealing a put'r plat'r Valu'd at five Shillings. Its therefore considered by the Court that the sd Joseph Hanny pay to the sd Dorothy Watkins fiveteen Shillings & a fine to his maj'ty of twenty Shillings and costs of Court tax't at foure pounds Seventeen Shillings & to Stand comitt'd untill he geett suretys to perform the same. The sd Joseph Hanny appeals from this Sentence to the Next Court of Assize & Gen'l Goal delivery to be holden at York for sd county.
Memorand'm the Sd Joseph Hanny principle Sam'l Adams & John Baker suretys Acknowledge them selfes to be holden & Stand firmly bound & oblig'd Joyntly & Severally in the penal sum of thirty pounds to be paid to Our Soveraign Lord the King his heirs or Success'rs. The Condition of this above recogniz'ce is such that if the sd Jo's Hanny
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PROVINCE AND COURT RECORDS OF MAINE
Shall personally appeare at the aforesd Court appeal'd too & Shall there proscicute his appeal w'th Effect & abide & perform the order or Sentence of sd Court thereon & to be of good behaviour in the mean time: &c, that then the above to be Void otherwise to remain in full force & Vertue.
[No record of appeal found.]
[7:68]
James Tyler appearing to answer his presentment for Selling Strong drink without Lisence, who pleads not guilty & puts him Selfe upon Tryal by God & the countery, after Several Evidences being taken & the case being fully heard it was comitt'd to the Jury who went out thereon & return'd their Verdict upon Oath vizt. they find James Tyler guilty of Selling Strong drink in Small quantitys by the quart. Its therefore con- sidered by the Court that he pay a fine of ten pounds & Fees of Court thirty foure Shillings & six pence the fine to be disposed of vizt one third to the poor of the Town of York, one third to the Commission'r & the other third to John Woodbridge the Informer. The Sd James Tyler appeals from this Sentence to the Next Court of Assize & General Goal delivery to be holden at York for sd. county.
Memorand'm James Tyler principle, James Allien & Nich'o Morrel Suretys Acknowledge them selfes to be holden & stand firmly bound & Oblig'd unto our Soveraign Lord the King in the penall Sum of thirty pounds to be paid to him his heirs or Success'rs. The Condition of the above recogniz'ce is Such that if the Sd James Tyler Shall personally appeare at the aforesaid Court appeal'd too and Shall there proscicute his Sd. appeal w'th Effect & abide & perform the order or Sentence of Sd. Court thereon & in the mean time to be of good behaviour &c. then the above to be Void otherwise to remaine in full force Strength & Vertue
[No record of appeal found.]
Sam'l Hill constable of the Town of Wells appearing to answer his presentment for not taken care of a Standard of weights & measures for his Sd. Town as the Law directs: Its considered he be Acquit'd paying Fees of Court 12s.
Henry Snow, Daniel Fogg Jun'r, Nath'l Fernald & Wm. Tucker con- stables of Kittery appearing to answer their presentm't for not taking care to provide a Standard of weights & measures for their Sd. Town
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COURT OF GENERAL SESSIONS, 7 APRIL 1724
as the Law directs, Its considered they be Acquit'd paying Fees of Court 37s.
Daniel Emery & Wm. Lord constables of the Town of Berwick ap- pearing to answer their presentm't for not taking care to provide a Standard of w'ts and measures for their Sd. Town as the law directs, Its considered they be Acquit'd paying Fees of Court 20s.
Joseph Sweat & Ebenezer Blasdel constables of the Town of York appearing to answer their presentm't for not taking care to provide a Standard of weights & measures for their Sd. Town as the Law directs Its considered they be Acquit'd paying Fees of Court 22s.
[7:69]
Ordered that the Clerk of our said Court be directed to Send orders to the constable of Each of the Said Towns that they forthw'th provide them selfes with such Standards as the Law directs of weights & measures.
Daniel Simson chosen county Treasurer & sworn in Court46
Joseph Moulton chosen one of the Trustees for the hundred thous'd pounds Loan money47 & sworn in Court.
Sam'l Hill constabl of Wells appearing to answer to his apprehending John Treworgie & after wards to make return that his Capt. would not deliver him; Its considered by the Court that he be Admonish'd & pay Fees of Court 3s6.
Joseph Sweat constable of York appearing to answer to his not Secuering of Barsh'm Allien after he had apprehend'd. Its considered by the Court that he be admonesh'd & pay Fees of Court 7s.
Barsham Allien being apprehend'd & bro't to this Court to answer to his being Accused of being the father of a bast'd child Latly born of Eliz'a Brackit She having sworn it face to face, Its therefore considered by the Court that the Sd. Barsh'm Allien pay to the Sd. Eliz'a Brackit towards the maintenance of Sd. child two Shillings & six pence per week from the birth of Sd. child during this Courts pleasure and pay Fees of Court: 14s. & to Stand committ'd untill he geett suretys to perform the Same.
Memorand'm the Sd. Barsh'm Allien principle James Allien & John Woodbridge suretys Acknowledge them Selfes to be holden & Stand firmly bound & oblig'd Joyntly & severally unto the Sellectmen or over
46 Abraham Preble, the former Treasurer, died 14 March 1723-24.
47 Cf. 1716-17 Province Laws ch. 18, 2 Acts and Resolves 61-64.
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PROVINCE AND COURT RECORDS OF MAINE
Seers of the poor of the Town of York in the penal Sum of Sixty pounds to be paid to them their heirs or Success'rs. The Condition of this Recogniz'ce is Such that if the above bound'd Barsh'm Allien Shall Ob- serve & comply w'th the above Sd. order of Court & Keep the Town of York free from any charge for Sd. childs maintenance then the above recogniz'ce to be Void & of no Effect otherwise to remaine in full force & Vertue.
Thomas Buttler, Benj'a Guttridge, Jon'a Nason & Rich'd Thurla be- ing brought to this Court by a writ of Scire facias to Shew cause where- fore we ought not to have our Exicution or warrant of distress against them for the forfieture of their Recogniz'ce of five pounds: taken before Charles Frost Esq'r one of his maj'tys Justices of the peace for Sd county on the first day of Octob'r last past as per the recogniz'ce & record app'rs, they appearing in Court & made it appeare that they had comply'd w'th Mr Justice Frosts Judgm't in lodging the fine order'd to the poor of the Town of Berwick of forty Shillings in Mr Sheriff Leigh- tons hands, Its therefore considered by the Court that the Exicution be Suspend'd for the remaind'r forfit'd during this Courts pleasure & that they pay Fees of Court: 28s.
[7:70]
Ordered that the Sheriff of this county forthwith take into his Custody the records of Deeds &c for Sd county Late in the hands of Abraham Preble Esq'r dec'd Regist'r together with all deeds & Instruments Lodg'd in the Sd. Regist'rs Office and that he keep them saffely Lockt up in sum secure place in the Town of York till further Order from this Court & that the Sheriff take Acco't of what books & papers he there finds & make return to this Court.
Daniel Paul Jun'r being bound over to this Court by Jo's Hammond Esq'r one of his maj'tys Justices of the peace for Sd. county for that he the Sd. Daniel Paul was Accused by Bathsheba Lydston for begeting her with child of w'ch child She was delivered on the 24th of Decm'r last She being Examin'd by the midwife in the time of her Travell at w'ch time She declared Sd. Paul to be the father of Sd. child & did like- wise declare the time when She was begot with child as per the Deposi- tion of Mrs. Mary King appears w'ch time appears to the Court to be about the last of may or begining of June w'ch was not Seven months, before She was delivered they being Examin'd face to face in Court She continuing her Accusation & that he had to do with her at Several times before; the Said Daniel Paul did Acknowledge he had to do with
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COURT OF GENERAL SESSIONS, 7 APRIL 1724
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