USA > Maine > York County > Province and court records of Maine > Part 18
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31
her the last Christmass was two years Since & once in June last & at no other times, Sundry Evidence appearing on both sides the Question was put whether the Sd. Barsheba Lydston be Admitt'd to her oath it pas'd by two Yeas & two No's. Its therefore considered by the Court that the Sd. Paul, & Lydston Each of them give bond w'th Suretys for their per- sonal Appeareance at the next sessions untill w'ch time the Court has refer'd this cause for further consideration. Barsh'a Lydston principle, John Lydston & Nich'o Morrell suretys, Acknowledge them Selfes bound & Oblig'd unto our Soveraign Lord the Kings Majs'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 aforesd Barsh'a Lydston Shall personal [ly] appeare at the Next Court of Gen'l sessions of the peace to be holden at york for Sd. County on the first Tuesday of July Next & there abide the order of Sd. Court: then this above recogniz'ce to be Void; otherwise to be & remaine in full force Strength & Vertue.
Daniel Paul Jun'r Principle John Leighton Esq'r & Benj'a Stone suretys, Acknowledge them selfes to be bound to our Soveraign Lord the Kings maj'ty in the penal sum of Sixty pounds that the Sd. Daniel Paul Shall app'r at the Next Court of Gen'l sessions of the peace & there abide the order & Sentence of Sd. Court.
[7:71]
Daniel Paul Jun'r appearing in Court & being convict'd that he was guilty of the Act of fornication with Barsh'a Lydston, Its therefore considered by the Court that he receive Seven Strips on his nak'd back at the post & pay Fees of Court 5s. or that he pay a fine to the King of thirty Shillings & Fees as aforesd & Stands committ'd.
Barsh'a Lydston appearing in Court & being convict'd of the Act of Fornication Its therefore considered by the Court that She receive Seven Strips on her nak'd back at the post & pay Fees of Court: 16s or that She pay a fine to the King of thirty Shillings & Fees as aforesaid & Stands committ'd.
[Y. F. 1724-1725, No. 5] [1]
York Ss To the Sheriff of the County of York his under Sheriff or Dep'ty or Con- stables of the Town of Kittery or Either of them Greeting.
Whereas Compl't is made unto me the Subscriber one of his Maj'tys Justices of the peace for sd County by John Lydston of sd Kittery Shipwright that his Daughter Bathsheba Lydston hath been gotten with child by Daniel Paul Jun'r of sd Town Ship- wright and that she was delivered of the Same on the 24th day of Dec'r Last And that the sd Daniel Paul refuseth to maintaine the sd Child,
150
PROVINCE AND COURT RECORDS OF MAINE
These are therefore to require you in his Maj'tys Name forthwith to Aprehend & bring the sd Daniel Paul Jun'r before me or Some other of his Maj'tys Justices of the peace for sd County to be Exam'd touching the premisses And further proceeded with ac- cording to Law. You are alike required to bring the sd Bathsheba Lydston at the same time to be Exam'd as aforesd. Given under my hand & Seal this 12th day of March in the Tenth year of his Maj'tys reign Annoque Domini 1723/4
Jos: Hammond
Vera Copia Exam'd Jos Hammond J. Pac
Kittery March 16th 1724 Pursuant to the within warra't I have Aprehended the with- in Named Daniel Paul & brought him before Joseph Hammond Esq'r to be further proceeded ag'st as the Law Directs. And I have also brought the within named Bathsheba Lydston at the time & place aforesd to be Exam'd touching the premisses. By me Daniel Fogg Consta
Vera Copia Exam'd Jos Hammond J: Pac
[2]
York Ss ANNO REGNI REGIS GEORGII DECIMO
March 16th: 1723/4. Daniel Paul Jun'r of Kittery in the sd County Shipwright being brought before Joseph Hammond Esq'r One of his Maj'tys Justices of the peace for sd County & being Accused by Bathsheba Lydston of sd Kittery Singlewoman for be- geting her with Child of which She was delivered the 24th of Dec'r Last, He denying the fact, Its Considered that he give bonds with Suretys to the vallue of fifty pounds for his Appearance 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 Answer what shall be Objected Against him relating to the premisses. Its also Considered that the sd Bathsheba Lydston give bonds with Suretys for her Appearance at sd Sessions to Answer for her Commit- ting the Act of fornication and what may be further Objected Against her relating to the premisses.
[There follow memoranda of the recognizances with bond: sureties for Daniel Paul were Joseph Hammond, Jr. and Daniel Fogg, Jr. For Bathsheba, sureties were John Lydston and Joseph Hill. The amount of her bond was five pounds.]
Vera Copia as of record Exam'd Jos: Hammond J: Pac
[3] Mistress Mary King Testifyeth that about the 24th day of Dec'r Last She was with Bathsheba Lydston in her Travail & asked her who was the father of her Child She then Travailed with. She Said it was Daniel Pauls. She Asked her when he begat her with child, She replyed About a week after the vessell was Launched At York river.
Taken upon Oath March 25th. 1724. Bathsheba Lydston being notifyed to be present
Coram Jos: Hammond J: Pacis
Sarah Allen Testifyeth that about the 24th of Dec'r Last She was with Bathsheba Lydston in her Travail & heard Mistress King who was the Midwife Ask sd Bathsheba who was the father of her Child. She said it was Daniel Paul The Same Question being Asked her Several times She Continued Constant in the Same And being Asked when he begat her with Child, replyed it was about a week after the vessell was Launched at York river.
Taken upon Oath March 25th 1724 Bathsheba Lydston being Notifyed to be present Coram Jos: Hammond J. Pacis
151
COURT OF GENERAL SESSIONS, 7 APRIL 1724
[4] [This is an exact copy of the above testimony of Mary King and Sarah Allen.]
[5] Abigail Lydston the wife of John Lydston Testifieth, I heard Bathsheba Lydston Say the Last Sumer past At my father Pauls house, And there She was a telling what a great Liberty a Young woman has to what a young man hath for, Said She, I will Let any Young man get me with child and then, Said She, I can lay it to who I please be- cause a woman has that Liberty granted to them.
Taken upon Oath March 25th: 1724. Bathsheba Lydston being Notifyed to be present, Coram Jos. Hammond J: Pac
Vera Copia Exam'd Jos: Hammond J: Pacis
[6] [An exact copy, in another hand, of the foregoing testimony of Abigail Lydston.]
[7] Samuel Remich Testifyeth that Sometime the Last Summer he Saw Joseph Hill go in to Mr Lydstons house And Soon after he the Deponant went after him and saw him Sitting on the bed with Bathsheba Lydston & he saw no other person in the house
Taken upon Oath March 25th 1724: Bathsheba Lydston being notifyed to be present Coram Jos: Hammond J: Pac
[8] Sarah Paul the wife of Daniel Paul Testifyeth I heard Bathsheba Lydston Say the Last Summer past that Thomas Ham & Abigail Hill and She used to lye together in Naked bed for above a year & a halfe off & on upon times and I heard Bathsheba Lydston Say that Sometimes they used to do it once a night Sometimes twice a night And sometimes Three times a night & Bathsheba Lydston Said that Sometimes Abigail Hill used to get up and leave Thomas Ham & She together in the bed, and I Asked her why she did not tell her father of these Carryings on and Bathsheba Lydston Answered & Said So She had but her father told her that whatever She knew or Se or heard She must hold her tongue & Say nothing About it because of makeing a difference in the house
Taken upon Oath March 25th 1724. Bathsheba Lydston being Notified to be present Coram Jos: Hammond J: Pacis Vera Copia Exam'd Jos Hammond J Pac
[9 and 10 are identical with 8; No. 9 is a copy of Sarah Paul's statement in another hand, and No. 10 is the same statement, but made by Mary Spencer.]
[11] York Ss. To Susana Lydston, John Lydston, Jun'r & Lydia Phillips of Kittery Greeting
You & Each of you are hereby required in his Maj'tys name to make your Appearance before me the Subscriber one of his Maj'tys Justices of the peace for sd County at my dwelling house in Kittery on fryday the 27th of March Instant at five of the clock after- noon to Testfy the Truth of what you know relating to a Bastard Child Lately born of the body of Bathsheba Lydston which She Accuseth Daniel Paul Jun'r to be the father of, faile not at your Perrill.
Dated the 5th of March Anno Domini 1724
To Daniel Paul Jun'r of Kittery Greeting
You are hereby notified to be present to hear the above Evidences if you Se meet. Dated as above
Jos: Hammond
by Jos: Hammond J: Pac
[12] Susannah Lydstone of full Age testifieth and saith that Sundri times she saw Daniel Paull Juner and Bathshabe Lydstone In Company one with Another and further
152
PROVINCE AND COURT RECORDS OF MAINE
the said Susannah Lydstone saith that the Last Spring Past She saw the said Paull and Bathshabe Lydstone [and] several others with them and they all went Away Except the said Paull and Bathshabe Lydstone. I the Deponant heard sum Parsons talking at the fore Door which I the Deponant did surpose to be the said Paull and Bathshabe Lyd- stone I the Deponant saw Bathshabe Lydstone open the back Doore and went into An- other rume toward the fore Door and in a fue minits I Heard the fore Doore oppen and in a little time heard sum toulk which I the Deponant did suppose to be the said paul and Lydstone. I the Deponant heard our negro laughing at the said Lydstone and she asked him how he knew, I the Deponant told her that I knew and after a while She said that the said paull Did lodge with her that night And further saith not [Added in Hammond's hand:] only that Lem'll Bickford did frequent Mr Lydstons house as a suiter48 to Bathsheba before & after She was delivered of her child
Taken upon Oath March: 27th 1724 Daniel Paul being present
Coram Jos: Hammond J: Pac
[13] John Ledstone of full age Sayeth that he has seen Daniel Paull and Bathsheba Ledston often together Loveing and familor at Said Paulls fathers hous and saw them walk away together after it was night at Severall times, this was last Spring [Added in Hammond's hand:] he further Saith that he has Seen Joseph Hill Sitting on the bed with Bathsheba Also Thomas Ham & Lemuel Bickford
Taken upon Oath March 27: 1724 Daniel Paul being present
before Jos: Hammond J: Pac
[14] Lydia Phillaps of full age Sayeth Shee was att Abegille Ledstones talking con- serning Bathsheba Ledston and Daniel Paull Sum time in desember last and Abegille Ledston told this Deponant that Daniel Paull told her father Ledston that Said Bath- sheba Ledstons Child was none of his for he had not lyed with her Since January [Added in Hammond's hand:] She further Saith that She has heard that Lem'l Bickford did make suit to Bathsheba Lydston to be his wife before & after She was delivered of her child
Taken upon Oath March 27th 1724: Daniel Paul being present
Coram Jos: Hammond J Pacis
[On April 2 another statement was taken from Mary King, the midwife, apparently for use at the sitting of the Court on the 7th. It is in Joseph Hammond's hand, and is identical with nos. 3 and 4 above.]
[16] [One more evidence was heard when the Court sat:]
William Ferneld of Full age Testifyeth That Abraham Remich told me that he Knoct bathsheba Lidton Sum time In Agust Last and forder Sath not
York Ss april 7th 1724 Sworn in Court attests Wm Pepperrell Cler
[17] Know All men by these presents that We Daniel Paul Jun'r of Kittery in the County of York & Province of the Massachusetts Bay in New England principle & Daniel Paul Sen'r his Surety, Are holden & Stand firmly bound & Obliged unto the Kings Maj'ty in the Penal Sum of fifty pounds Currant money of New England to be paid unto his sd Maj'ty his heirs or Successors if Default happen to be made in per-
48 But, according to Gen. Dict. Me. & N. H., 91, Lemuel Bickford (b. March, 1703-4) married Temperance Downing.
153
COURT OF GENERAL SESSIONS, 7 APRIL 1724
formance of the Conditions following Vizt. to which paym't well & truely to be made we bind ourselves our heirs Executors & Adm'trs firmly by these presents Sealed with our Seals Dated the Eighteenth day of May Anno Domini 1725, Annoque Regni Regis Georgii Magnae Brittanicae &ca Undecimo
The Condition of this Recognizance is Such that if the above bounded Daniel Paul Jun'r or Daniel Paul Sen'r do perform an order of his Maj'tys Justices of the Court of Gen'l Sessions of the peace holden at York for sd County on the first Tuesday in April Anno 1724 vizt. for the sd Daniel Paul Jun'r his paying Two Shillings & Sixpence per week unto Bathsheba Lydston of Kittery aforesd Singlewoman Towards the main- tainance of her child from the birth thereof Dureing the Courts pleasure & also Save the Town of Kittery free from Charge for the maintainance of sd Child, then this present recognizance to be voyd & of none Effect or Else to Abide & remaine in full force & vertue. Signed & Sealed Daniel Paul Jun'r [Seal] In presence of Jos Hammond daniel paul [Seal] Tobias Leighton
York Ss May 18th 1725 Dan'l Paul Jun'r & Dan'l
Paul Sen'r Acknowledged the
above recognizance
Before Jos: Hammond J: Pacis
[Superscribed:] To be Lodged w'th the Clerk of the peace on the files of April Sessions 1724]
Complaint being made to this Court by the rever'd Mr. Hugh Henry, relating to Thomas Harris & Mary Dulys cohabiting together. Ordered that there goo out a process from this Court Direct'd to the Sheriff or his Deputy or constable of the Town of Scarborough for the Appre- hending the Sd. Harris & Duly so that they may be had at the Next term, there to answer to such matt'rs as on his maj'tys behalfe Shall be alleag'd against them relating to the premises, & that the Sd. Henry be sumon'd to attend the Sd. term as Likewise to prodouce what Evidence he can to make out his charge.
[Y. F. 1724-1725, No. 5.]
[1] [A letter from the Rev. Hugh Henry of Scarborough to one of the justices. The outer address is missing.]
Blackpoynt Decem: 16th 1723
Ho: Sir,
I had the honour of your acquantance at the Bank [i.e., Strawberry Bank; Portsmouth] in october, and acquanted you that I had informed the quarter sessions of the justices of the peace sitting at York about that time that on [e] Thomas Harris hath lived in this town of Scarborough, where he hath no estate, these several years past with his decissed wifes sister in a house by themselves, and his said wifes sister called Mary Duly hath brought forth several children during her cohabitation so with him under great suspition by all that the said children are by him, and she haveing absented her self for
154
PROVINCE AND COURT RECORDS OF MAINE
some time the last year hath returned again to him and so they cohabit as formerly since August last and I expected that the Quarter Session would, upon my complaint, have taken some course to separate them from liveing so to the scandal of mankind and of the gospel before this time but they have not and so the said persons continue to cohabit impudently under such large tolleration as they expect to have, for they regard not little small mulkes [mulcts] or fines imposed on them at some times seeing they get liberty to cohabit as they have don and does as if there were no order among us to re- strain them, and I understand nothing can separat them but the prison, and if course not be taken to separat them I am exonerated, only I desire the favour of you to make inquiry what the Quarter Session hath don or intends to do in this affair and send me notice by a line with the first occasion comeing this way that my griev'd spirit may be refreshed, if possible, when I see Sin suppressed among us and that impudent sinners do not triumph before our faces. And this with my service to the Worshipfull Binch I [illeg.] and am,
Sir, Your Ho's loveing friend and servant Hugh Henry Minister at Scarborow
Sir, I am informed you are judge of the Court and if they have don nothing in this affair, perhaps they may refer it to you and if they do I pray you make as great dispatch in it as possible that the wicked may not insult and weaken our hands in the work of the gospel
[2] [A letter from Henry to Major Samuel Moody Addressed on the outer fold:]
To The Honoured Major Mudy liveing at Casco present
[Inside:]
Blackpoint feb: 13 1723/4
Dear Sir,
Seing Col: Westbrook is gon thither I desire you would acquaint him that the Quarter Sessions have appoynted to bring Thomas Harris and Mary Duly to justice, and therefore we desire the said Thomas Harris may be discharged and no further to be encouraged by his maintinance to go on in his wickedness, & I am perswaded that if the government knew that he were encouraged all this while in the service under the senance of excommunication for his contumaly against the Church declaring his sin like Sodom they would not be content. I am very much griev'd that the Quarter Sessions delayed their diligence against these scandalous persons so long, now these 4 moneths since complaint was made to them in that affaire, & if they delay much longer I will be obliged for my own exoneration and peace of conscience to apply to the Counsel or General court at Boston to implore their assistence to suppress avowed abomination now for so long a time suffered in this place as if it were an heathen country where there were non fearing God to take course with it, for I cannot be at peace till I have used my utmost diligence to restrain it, besid the blow our church session hath given to the said scandalous persons which is more formidable and sharp then any civil sword on earth, if they had spiritual senses, amd is the most effectual mean to subdue and save the stoutest and most contumacious sinners 1 Cor: 5: 5: their souls are sav'd by it in the day of the Lord, and to teach better manners 1 Tim: 1: 20: it learns them not to sin and that effectively 2 Co: 2, 6, 7, 8 yet it is reasonable we have the assistance of the civil sword and such as bear it are commanded to help against sin Rom: 13.4 &
155
COURT OF GENERAL SESSIONS, 7 APRIL 1724
therefor let non that hear the word be either [rest of line torn, to bottom of sheet. Along the side, added:] with my love and Service to your family and to the Colonel is all at present from Sir your loving friend and servant
Hugh Henry
[3] York Ss To the Sheriff of our county of York his Under Sheriff or Deputy or Constable of the Town of Scarborough, Greeting
[Seal]
You are hereby required in his Maj'tys Name to Apprehend Thomas Harris & Mary Duly both of the sd Town of Scarborough so that they may be had 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 July Next Then & There to answer to Such matt'rs of misdm'rs as on his Maj'tys behalfe Shall be Object'd ag'st. them relating to their cohabiting conterary to the Laws of this our Province of the Massachus'ts bay: Hereof fail not Dat'd the 20th day of April in the Tenth Year of his maj'tys Reign annoque Domini: 1724
per Curiam Wm Pepperrell Cler
You are Likewise required to give personal sumons unto the rever'd Mr Hugh Henery that he appear at the aforesaid Court. As Likewise for him to produce what Evid'ce he can to make out the Charge
per Curiam Wm Pepperrell Cler
[Reverse:]
York Ss appril 25 : 1724
pursuant to the within Warrant to me directed I have apprehended the within Named Harris & have taken goods in Costody to the waley [sic] of five pounds in the loue of a Bond for his appearance & have delivered the warrantt to the Constabel [of] Scarbrough to appehend the within Mary Duley
by Nich'o Morrell D Shriff
Scarbrough June the 11 day anno 1724
In pursuan to the within warrant to me directed I have made Sarch for the within written Mary Duly and She cant be found in my persencs [sic] The Revernd Mr Hugh Henery hant bin in Town Sence
Thomas Seveay Constable]
Hannah Leighton appearing to answer her presentment for Fornica- tion 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 7s. or that She pay a fine to the King of 30s. and Fees as aforesaid & Stands committ'd.
Ordered that there goo out a warr't for the apprehending John Leighton of York husband to the Sd. Hannah Leighton so that he may be had at the Next term, She alleaging that he is the father of Sd. child.
Sarah Simson wife of Henry Simson appearing to answer her pre- sentment for Fornication She owning the fact & being Ask't who was the father of Sd. child w'ch was lately born of her body, who made answer to the Court & said it was no matter who was the father of Sd.
156
PROVINCE AND COURT RECORDS OF MAINE
child She had a husband to maintain it & leett the Court do as they pleased She was ready to answ'r her fine: Its considered by the Court that She receive Ten Strips on her naked back at the post & pay Fees of Court: 7s. or that She pay a fine to the King of five pounds & Fees as aforesaid & Stands committ'd.
Ordered by the Court that there goo out a war't to apprehend Henry Simson of York so that he may be had at the Next term to answer to his being Suspect'd of being guilty of the Act of Fornication w'th the Sd. Sarah Simson.
[7:72]
Ordered that Eld'r Joseph Seward, Benj'a Stone, Daniel Simpson, Capt. Sam'l Came, Cap't William Pepperrell be a committee to Exam'ne the Acco'ts of Abraham Preble Esq'r (dece'd Late treasur'r of our Said county), w'ch relates to the Treasurey & lay an Acco't of the State of Sd. Treasurey before the Next Court of Gen'l sessions of the peace to be holden at York for Said county per adjournm't on the 14th day of may Next.
Abel Moulton appearing to answer to his being accused of being guilty of the Act of Fornication w'th Elianor Moulton his now wife. She alleaging at the Last Court that he was the father of the child She then Stood presented for, the Sd. Abel Moulton pleads not guilty, there not being sufficient Evidences to convict him Its considered by the Court he pay Fees of Court: 14s. & be acquit'd.
Whereas Nath'l Garrish being chosen constable for Berwick he re- fusing to serve in sd. office. Order'd that he be had before the Next Court of Gen'l Sessions of the peace to be holden at York for Sd. county to give in his reasons if any he have, wherefore he refus'th to serve in Sd. Office.
Joseph Chadbourn appearing to answer to that whereas he was chosen constable of Berwick; & had refus'd to serve in Said office. It appearing to the Court that he was not Legally chosen, Its considered he be dismist paying Fees of Court. 5s.
Grindall Knight appearing to answer to that whereas he was chosen constable of Berwick, & had refus'd to serve in Sd. Office, It appearing to the Court that he was not Legally chosen, its considered he be dismist paying Fees
[Y. F. 1724-25, No. 1]
[On the outer fold:]
Choice of the Constables of Berwick
[Inside:]
At a Legal Town Meeting held at Berwick March the 16th 1723-24 and continued by
157
COURT OF GENERAL SESSIONS, 7 APRIL 1724
Ajournment till the next morning nine a Clock and then met. Voted Grindal Knight Constable for the year ensuing. And he refuses to Serve
Attest Humphry Chadbourn Town Clerk
At a Legal Town Meeting held at Berwick March the 16th 1723-24 and continued by Ajournment till fryday the 20th of March Instant and then Met. Voted Nathaniel Gerrish Constable for the year Ensuing. And he refuses to Serve. Voted Joseph Chad- bourn Constable for the Year Ensuing and he refuses to serve
Attest Humphry Chadbourn Town Clerk]
John Clark resid't at Berwick in the Sd. county being committ'd by Charles Frost Esq'r one of his maj'tys Justices of the peace for Sd. county : for being charg'd to be the father of a bast'd child begott'n and lately born of the body of Eliz'a Ingersol of Falmouth in the Sd. county as per the process & record appears, no one appearing to proscicute, Its considered by the Court that he pay costs: 37s6 and be discharg'd from his imprisonment.
[Y. F. 1724-25, No. 1]
[Clark was a soldier who had numerous scrapes with the law. The proceedings taken against him in this case are not unusual, except perhaps in that the complaint was filed by John Sawyer, Benjamin York and Benjamin Ingersoll, then selectmen of the town of Falmouth. Elizabeth was the daughter of Elisha Ingersoll, Benjamin's first cousin. (Gen. Dict. Me. & N. H., 367-369.) At the hearing before Justice Frost, 6 April, Clark refused bail and was delivered over to the keeper of the county jail. From the record, it is clear that he remained there until discharged by the Court. At most he had only an overnight sojourn there, as this Court sat the next day, April 7.]
Jo's Curtis & John Niccolson being bound over to this Court by Jo's Hammond Esq'r one of his maj'tys Justices of the peace for Sd. county, Curtis for his abusive carriage to his Serv't Niccolson; & Niccolsons absenting him Selfe from his Sd. masters Service; Its considered by the Court that they both be Admonesh'd, & that the Sd. Jo's Curtis pay Fees of Court-36s 8d.
[7:73; page not numbered.]
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.