Province and court records of Maine, Part 20

Author: Maine
Publication date: 1928
Publisher: Portland, Maine Historical Society
Number of Pages: 338


USA > Maine > York County > Province and court records of Maine > Part 20


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).


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William Card being bro't to this Court by a writ of Scire facias to Shew cause why he Should not pay the forfiture of his bond, forfitt'd in Octob'r Court last for Peter Mathouses non appeareance. The Sd. Wm Card Shewing no cause to the contrary Its considered by the Court that he pay the forfiture of the bond to our Soveraign Lord the King of forty Shillings & Fees of Court 12s: & Stands comitt'd untill Sentence perform'd.


Ordered that the writ of Scire facias be Still continu'd ag'st James Parker for his appearence at April Session next.


[7:79]


Whereas James Staratt being bro't to this Court by a writ of Scire facias to Shew cause wherefore he ought not to pay the forfieture of his recogniz'ce forfitt'd for Alexander Macgowns not appearing at the Court of Gen'l Sessions of the peace holden at York the first Tuesday of Octob'r last he making Excuse that the Sd. Macgown was sent away by his officer &c. Its considered that the Sd. James Staratt be acquitt'd of his bond paying Fees of Court 12s.


Thomas Mosseet & wife present'd for not attending the Publick wor- ship of god, the Sd. Thomas appearing & giving Sattisfact'ry reasons to this Court its considered he be acquitted paying Fees of Court 7s; he making Excuse to this Court that his wife is an aged woman & not well & the distance he lives from this Court, Its considered that She answer her presentm't before Jo's Hamond Esq'r one of his Maj'tys Justices of the peace for Sd. county and that he make report thereon at April sessions next.


The Execut'x of John Leighton Esq'r Late Sheriff of the Sd. county of York (dec'd) having present'd his Sheriffs Acco't to this Court amounting to the Sum of twenty Eight pounds fiveteen Shillins & Eight pence w'ch acco't was allow'd & ordered that the county Treasur'r be directed to pay the Sd. Sum of the Sd. Execut'x in full discharge of Sd. sheriffs Acco't.


Ordered that Wm Pepperrell Jun'r & Sam'l Came Esq'rs be a com- mittee to Examine what fines the Late Sheriff Leighton receiv'd for our Soveraign Lord the King & how discharg'd him Selfe of them & make report thereon at the Next Court of Gen'l sessions of the peace to be holden at York for Sd. county on the first Tuesday in april next.


Jere'm. Moulton Esq'r Sheriff of Sd. county gave bond w'th suretys to the Value of five hundred pounds for the faithfull discharge of his Trust.


170


PROVINCE AND COURT RECORDS OF MAINE


William Leighton chosen one of the commissioners for the hundred thous'd pounds loan money & sworn in Court.


Whereas Paul Wentworth of Kittery was sumoned to this Court to answer to his unreasonable demand on Leiu't John Dennis for billeting fourteen soldiers in Sept'r last, It appearing to this Court that he had receiv'd of the Sd. Dennis twenty five Shillings, when he ought accord- ing to the Establishment to have receiv'd but fourteen Shillings, Its con- sidered that the Sd. Wentworth pay to the Sheriff of this county Eleven Shillings who is to be Accountable to the Treasur'r of this Province or to whome the money is due, and that he be Admonish'd & pay Fees of Court 6s. & Stands committ'd untill Sentence perform'd.


Presentments made by the grand inquest to this Court are as fol- low'th vizt


York: Mary Junkings the reput'd wife of John Carlile for Fornica- tion


Sarah Batton the reput'd wife of Ebenezer Young for Fornication


Abigail Stover the wife of John Stover for neglecting the Publick worship of God


Wells: Sam'l Littlefeild for neglecting the Publick worship of God


Noah Willson for neglecting the Publick worship of God


Hannah Eldridge the wife of John Eldridge for neglecting the Public worship of God


For want of a Sufficient bridge over the mill river by Joseph Little- feild:


[7:80]


Kittery: Sarah Hill for fornication


Sarah Bredcane the reput'd wife of Nath'l Hoper For Fornication


[The Town of Kittery] For not being provided w'th a School master John Woodman Sen'r for being Drunk


John Catter for neglecting the publick worship of God


Peter Whittom & wife for neglecting the publick worship of God


Peter Whittom Jun'r & wife for neglecting the publick worship of God


John Whittom & wife for neglecting the publick worship of God Daniel Whittom & wife for neglecting the publick worship of God Ichobod Whittom for neglecting the public worship of God Berwick: Daniel Grant for neglecting the publick worship of God Biddiford: John Stackpole for braking the peace in Striking.


SAM'L CLARKE Foreman


171


COURT OF GENERAL SESSIONS, 6 APRIL 1725


ANNO REGNI REGIS GEORGII UNDECIMO


At a Court of Gen'l Sessions of the peace holden at York for & within the county of York. April 6th 1725:


present John Wheelwright, Jo's Hammond, Sam'l Moodey, Sam'l Plaisted, Joseph Hill, William Pepperrell Jun'r & Sam'l Came Esq'rs


The grand inquest are as followeth vizt


Sam'1 Clark Foreman


Peter Staple


Jon'a Littlefeild


Zachi's Trafton


Gowen Willson


George Jacobs


Zebulon Preble


Diamond Sergent


Nath'1 Clark


Abiel Goodwin


Tho's Goodwin


Nath'1 Tarebox


The grand inquest for the year Ensuing being sworn are as follow'th vizt.


Jon'a Bane Foreman


John Furbish


Tho's Kilpatrick


Job Burnum


Sam'l Tobey


Benj's Hatch


Jo's Preble


Rich'd Rice


John Davis


Daniel Junkins


Clem't Dearing


Rob't Knight


Ralph Farnum


Josiah Winn


Ethrington Hearl


whereas Sam'l Shorey & Sam'l Savery two of the former grand in- quest [are] not attending their Duty at this Court; ordered that they be sumon'd to the next to answer for their neglect.


The Petition of Several of the freholders & Inhabitants of the Town of Kittery Showeth that whereas at a publick Town meeting held at Kittery 31st march last several of the vot'rs for the choice of Town officers, being not qualified by law to Vote in Town affairs; ordered that the papers be comitt'd to the grand Jury the reporte of w'ch is as followeth vizt


We the grand inquest for the body of the county of York find the compl't within written against the persons hereafter named & accord- ingly present them for breach of law-Benj'a Welch, Simeon Emery, John Neal, Francis Allen, Jun'r, David Sawyer, Rich'd Thoral, Thomas Mezeet


bro't in by SAM'L CLARK Foreman


[Y. F. 1724-1725, No. 6]


[1] To the Hon'ble his Maj'tys Justices of the Court of Gen'1 Sessions of the peace Sitting at York for the County of York April 6th 1725


The Humble Petition & Compl't of the Subscribers being freeholders and Inhabitants of the Town of Kittery in the sd County


172


PROVINCE AND COURT RECORDS OF MAINE


Sheweth


That whereas at a Public Town meeting held at Kittery on the 31st of march last past for the Choyce of Town officers the Severall Persons hereafter named being not Quallified by Law to vote in Town affares did presume to vote in the sd meeting where- by the good Intent of the Law is Eluded & his Maj'tys good subjects thereby Obstructed in their free priviledges and just rights and the Choyce at sd meeting rendred of none Effect to the Disturbance of the publick peace of sd Town and of their Quiet Rule & Government according to Law, We therefore Humbly Pray that your Honours would be pleased to Cause the sd persons to be presented for their sd offence and that the Evidences Concerning the same may be Comitted to the Grand Inquest in order to their Conviction or otherwise as in your Honours wisdom shall seem meet and your Petitioners as in duty bound shall Pray &ca


Thomas Hanscom


George bery


Wm Leighton


John Hix [?]


Peter Staple


Roger Mitchel


John Addams


Rich'd Cutt Jn'r


Robert Cutt


Richard Mitchel


Hercules Farnald


Daniel Fogg


Jon'a Dam [?]


Joseph Hammond jun'r


Tobias Leighton


Clementt Dearing


The Persons not Quallified as aforesd are Benj'a Welch, Simon Emery, John Neal, Francis Allen Jun'r, David Sawyer, Richard Thurrell, Thomas Museet, Paul Williams, Enoch Huchins, John Norton


[2] [The list of persons voting at Kittery town meeting 31 March 1725. The names of the accused men are marked by the editor with an asterisk .* ]


Benj'a Gold


Nathan Bartlet


Herculis Fernald


Thomas Spenny


Jacob Remech Jun'r


Cap't Heard


Rich'd Cutt


John Neale*


Peter Lewis


James Chadborn


John Denneet


Sam'1 Fernald


Tho's Weed


Tim'o Waymouth


Daniel Turbish


Zebulon Trickey


[End of column 1.]


Rich'd Cheek


Benj'a Welch*


Jacob Remech


James Staple


Nich'o Shapleigh


Daniel Green


And'w Neale


Jo's Hill


Jo's Curtice


John Walker


Eb Denneett


Roger Mitchel


Wm Fry


James Davis


Rich'd Cutt Jun'r


Tho's Jenkins


Nath'l Fernald


Jon'a Nason


Rob't Cutt


Simon Emery*


Joshua Remech


Tho's Mogridge


Rich'd Gowell


Peter Dickson


John Nortten*


Tho's Night John Turbish


Jo's Hammond Esq'r


James Spinny


John Staple


And'w Spinny Jo's Weeks


[End of column 2.]


John Morrell


Tim'o Gerrish


John Adams


John Tompson


Tho's Cutt


Rich'd Mitchel


John Frost


Robert Mitchel


Paul Williams*


John Morrell


Gowen Wilson


Christ'o Mitchel


his Daniel X green mark


Thomas Cutt


James Staple


Thom: Trickey [?]


John Rogers


Daniel Fogg Jun'r


Joseph Gunnison


James Fernald


173


COURT OF GENERAL SESSIONS, 6 APRIL 1725


Benj'a Stayce [?]


John Shepard


Sam'l Johnson


Abra'm Crose [Cross]


John Lydston


Moses Hanscom


Jo' Mitchel


Jon'a Dam


Decon [?] Fernald


John Spinny


John Paul


Wm Gowell


Sam'l Ford


James Webber


[End of column 4.]


John Whitteny


Sam'l Tetherly


Tobias Leighton


Benj'a Hill


Daniel Fogg Jun'r


John Mogridge Sam'l Hill


Daniel Fogg


[End of column 3.]


Benj'a Fernald


Andrew Brown


Francis Pettegrove


Francis Allen Jun'r*


Nath'l Chapman


Nath'l Cane


Jo's Billing


Rich'd Rogers


Tho's Fernald


Wm Tetherly


Alexsander Forgison


Daniel Furbish Jun'r


Jo's Gold


John Leighton


Thos Hutchins


Stephen Tobee


Elihu Gunison


Wm Leighton


David Sawer*


John Shapleigh


Jo's Small


John More


Tho's Hanscom


Daniel Forgison


Rich'd King


Sam'l Hill


Sam'l Libby


Wm Tucker


Jo's Hammond Jun'r


John Hearl


John Monson


Mathew Libby


Runel [?] Jenkins


John Rogers


Jo's Crocket


Benj'a Hamonds


Charles Frost


Peter Staple


[End of column 5.]


March 31st 1725


The forgoing List are the names of the persons that put in their writen Votes for the choice of Sellectmen this day for the year insuing


Attest -


Jos Hammond - Justices of Wm Pepperrell Jun'r Peace


[3] Nathaniel Fernald, One of the Constables of Kittery in the year 1724 being Sworn Saith that in a List of rates Committed to him to Collect in sd year being partly for the Province Tax & part for the Town the sd rate was made at five farthing on the pound & Each poll at Seven Shillings & four pence


The persons hereafter named were Set in sd List by the Selectmen or Assessors as follows Vizt.


£sd 48


Paul Williams besides the poll


0 :1 : 5


Benj'a Goold One of the Constables of Kittery in sd year being Sworn Saith that in the List for the Same Tax Comitted to him as aforesd the Severall persons hereafter named were Set as follows Vizt.


Benj'a Welch besides the poll 0 :0 :4


Simon Emery besides the poll 0:1: 3


John Neal besides the poll 0 :0 :8


Francis Allen Jun'r besides the poll 0:1: 5


David Sawyer besides the poll


0 :1 : 3


Rich'd Thurrell besides the poll


0 :0:5


Thomas Muzeet was not rated Either for Poll or Estate 0 :0


Withers Berry one of the Constables of Kittery in sd year being Sworn Saith that in


174


PROVINCE AND COURT RECORDS OF MAINE


the List for the Same Tax Comitted to him As Aforesd the Several persons hereafter named were Set as follows Vizt


Enoch Hutchins besides the poll 0 :1: 11


John Norton besides the poll 0:1: 11


York Ss Aprill the 3d 1725, Taken upon Oath by the Constables Above named


Coram Jos Hammond J: Pacis


[The depositions that follow were evidently brought in to show the value of the accused men's estates.]


[4] The Deposition of James Davis & Benj'a Hill both of full age Testifyeth and Saith that Benj'a Welch has been in Possesstion of one Cow & one horse and one Mayr upwards of one year to this day and further Saith not


4th [?] July 1725 Sworn in Court Attest Charles Frost Cler


[5] The Deposition of Sam'l Johnson and Benj'a Hill both of full age Testifyeth and Saith that the Real Estate of Benj'a Welch is worth to the best of their Judgment the Sum of three pounds per Annum and has been in possession of sd Estate about Two Years and further Saith not.


York Ss July 6 1725 Sworn in Court Attest Charles Frost Cler


[6]51 The Deposition of Sam'l Hill Jun'r of full age, Testifyeth & Saith: that about: 22 Months past I this depon't sold Benj'a Welch one cow: w'ch he hath keept as his own proper Estate untill this day: as far as I do know or Understand: July: 2'd 1725 [signed:] Samuel Hill


York Ss: July 2'd 1725: Sam'l Hill appear'd before the Subscribers & made oath to the truth of all above written


[signed:] Wm Pepperrell Js pes


[signed:] Wm Pepperrell Jun'r J:peace


[7] Wee the Subscribers being desired by franses allen to give him our opinon of the worth or valey [value] of his rale Estate and wee Cannot valey his Rale Estate to be Les worth then Six pound a yeare, and wee all so do know that hee has 4 oxen 2 horses & Som other Craters


Nich'o Morrell Sam'l Small


[Reverse:] York Ss July 6 1725 Sworn in Court Attest Charles Frost Cler


[8] The Deposition of John Furbush and William Gowen both of full age Testifyeth and Saith that they Doth know Richard Thurla to have one Yoak of Oxen one horse one Cow and nine Sheep and to have in his possession Ever since the first of January last past & further Saith not


York Ss July 6 1725 Sworn in Court Attest Charles Frost


[9] The Deposition of Sam'll Johnson & John Furbush both of full age Testifyeth and Saith that they knew Richard Thurla to be in possession of a Real Estate worth fifty Shillings per Annum to the best of their Judgm't and has been in possession of sd Estate upward of Eighteen Months


York Ss July 6 1725 Sworn in Court Attest Charles Frost Cler


51 This deposition is in the hand of the younger William Pepperrell, and is of particular interest as it contains the signatures of himself and his father as Justices of the Peace.


175


COURT OF GENERAL SESSIONS, 6 APRIL 1725


[10 The jury's special verdict.]


our Sovirin Lord the King Planttiv & Ben j m Wellch & All the rast Defandants The Jury finds the Defandancs not gilty Exsept thar be a law that requiers a voter qualefide to Bring avidanc to the Towne meting that he is qualfied


Peter Nowel


[11] York Ss. at a Court of Gen'l Sessions of the [Peace] holden at York 6th July. 1725


Dominus Rex Complainant VS Benj'a Welch Def't.


Defend'ts Bill of cost, Vizt


The Attendance of Seven Defend'ts three days [illeg.] at 2s 2 - 2 - 0 10


Attorny


copie of four papers


5


Two evidences in each mans case, 2 days


1 - 8-0


To the Jury & Constable


14


Taxing


1


Exam'd by Charles Frost Cler


Cost Allowed five pounds


John Wheelwright


[12] York Ss


at his maj'ties Court of Generall Q'r Sessions of the Peace held at York for sd: County on the 6th day of July vizt


Dom: Rex


vs: Benj'a: Welch &tc the bill of Cost


To the Warr:t & Serving


-: 17 : 6


To attorneys fees


: 10 : 0


To impanelling Jury


12 :


To Evidences J. H: W:


:


4 :


To the Compl'ts


: 12 :


To Court fees


- : 7 :


To Taxing bill Cost


-


. 1 :


To Copies & Constables fees before Maj'r Hammond &ct - : 13 : 6


£3:17:0


Exam'd by Charles Frost Cler


Cost Allowed Three pounds seventene shillings


John Wheelwright]


[7:81]


Whereas Wm Pepperell Jun'r & Sam'l Came Esq'rs being appointed at Janu'a Court last to Examin & See what fines our late Sheriff Leigh- ton had receiv'd for our Soveraign Lord the King & how he had dis- charg'd him Selfe off them & they not making report to this Court: Ordered that they be hereby directed & impowered to Settel the


5 : 0:0


-


176


PROVINCE AND COURT RECORDS OF MAINE


afores'd Acco't & make report to the next Court of Gen'l Sessions of the peace to be holden at York for Sd. county on the first Tuesday in July next.


Mary Junkins the reput'd wife of John Carlile appearing to answer her presentment for Fornication 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. & Fees as aforesd. & Stands comitt'd.


John Carlile appeared in Court & own'd that he had been guilty of the Act of fornication w'th the above Sd. Mary his now wife. Its con- sidered 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 30s. & Fees as aforesd. & Stands comitt'd.


Sarah Batten the reput'd wife of Eb: Young appearing to answer her presentment for fornication 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. & Fees as aforesd. & Stands committ'd.


Ebenezer Young appear'd in Court & own'd that he had ben guilty of the Act of fornication w'th the abovesd. Sarah Batten who is his now wife. Its 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 30s. & Fees as aforesd. & Stands committ'd.


Abigail Stover being presented for not attending the public worship of God; She haveing sent a petition to this Court seting forth that She was not able to come to this Court to answer; ordered that it be heard before Jo's Hill Esq'r one of his Maj'tys [justices] of the peace for Sd. County, & that he make reporte thereon 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-Fees 7s.


John Cater appearing to answer his presentment for not attending the public worship of god. He owning the fact Its considered by the Court that he pay a fine to the poor of the Town of Kittery of 20s & Fees of Court: 7s. if unable to pay to Set in the Stocks one hower, w'ch he did.


Peter Whittom Jun'r appearing to answer his presentm't for not at- tending the public worship of god & being thereof convict'd Its con- sidered by Court that he pay a fine to the poor of the Town of Kittery of 20s. & Fees of Court 7s. if unable to pay, to set in the stocks one hower, w'ch he did.


177


COURT OF GENERAL SESSIONS, 6 APRIL 1725


[7:82]


Lyd'a Whier appearing to answer to her having a bast'd child Lately born of her body, She owning the fact & mak'th oath in Court to Nath'l Abbits face that he is the father of Sd. Child, Its considered by the Court that She receive Ten Strips on her nak'd back at the post & pay Fees of Court 7s. or that She pay a fine to the King of 50s. & Fees as aforesd. & Stands comitt'd.


Nath'l Abbit being bound over to this Court by Joseph Woodbridge Esq'r one of his Maj'tys Justices of the peace for the county of Essex for being the reput'd father of a bast'd child begotten on the body of Lyd'a Whier as per the process & record, She continuing constant in Sd. accusation & maketh oath in Court face to face that he is the father of Sd. child; Its therefore considered by the Court that he pay two Shillings & six pence per week to the Sd. Lyd'a Whier towards the maintenance of Sd. child from the birth of it During this Courts plea- sure & pay Fees of Court: 12s. & Stands comitt'd untill he geet suretys to perform the Same.


Memorand'm Nath'l Abbit principle & Epherim [sic.] Abbit & Daniel Farnum Suretys Joyntly & Sever'ly Acknowledge them selfes to be holden & Stand firmly bound & Oblig'd unto the Sellectmen or Over Seers of the poor of the Town of york in the penal Sum of fifety pounds to be paid to them or their Success'rs; The Condition of this recogniz'ce is Such that if the above bounded Nath'l Abbit Shall Ob- serve & comply w'th the abovesd. order of Court & keep the Town of York free from any charge for Sd. childs maintenance then the above to be Void otherwise to remaine in full force &c.


John Dennett, Cap't Nich'o Shapleigh & John Tompson, Sellect'm of the Town of Kittery appearing to answer their Town's presentment for want of a Schoolmaster, it appearing to this Court that they had indeavored to get one, & promising that they would Use their utmost indeaver to be Supply'd with one as Soon as Possiable Its considered they be acquitt'd paying Fees 13s.


Whereas the Constable of the Town of Biddiford call'd Sam'l Smith having a warrant to apprehend John Stackpole for brakeing the peace in Striking; who makes return on Sd. process that he did apprehend the Sd. Stackpole, but nither of them appearing; ordered that the process agst Stackpole be continu'd so that he may be had at the Next Court, as Likewise that the Sd. Sam'l Smith be sumon'd to the next Court to answer for his Sd. neglect of his office.


178


PROVINCE AND COURT RECORDS OF MAINE


Sarah Breddcane, the reput'd wife of Nath'l Hooper appearing to answer her presentment for fornication She owning the fact & Say'th that the Sd. Nath'l Hooper is the father of the child & her husband; he likewise appeared in Court & own'd the fact, Its therefore considered by the Court that Each of them receive Seven Strips on their nak'd back at the post & pay Fees of Court 12s. or that they pay a fine to the King of 30s. Each & Fees as aforesd. & Stands comitt'd.


[7:83]


The rever'd Mr. Hugh Henry makeing a complaint to this Court that the Inhabitants of the Town of Scarborough hath not comply'd with their agreem't to him, nor allow'd him a Sufficient Mainten'ce. Ordered that the Sellectmen of Sd. Town be Serv'd with a copy of Sd. compl't and that they be directed to attend the Next Court of Gen'l Sessions of the peace for Sd. county to be holden at york the first Tues- day of July next. to answer to the Sd. complaint.


[1] [Outer fold:] Petition of the Town of Scarbrow 1723


[Inside:]


To the honourable William Dummer Esquire Liuetenant governour & commander in chief in and over his majesties province of the Massachusetts-bay in New England and to the honourable his majesties counsel and the general Assembly, the petition of the town of Scarborough the 23 day of jun 1723


humbly sheweth


That whereas your petitioners in on[e] of the Eastern frontire Settlements being ex- posed exceedingly to the rage of the Indians by whom they have suffered much, and are confined so that they can follow no imployment for their own relife and sustinance, now are much impoverished: and although the few inhabitants that are left and have not fled from the place with others for safty, might shift for some sustinance by seking their bread with the peril of their lives because of the sword in the wilderness, yet are extremly discouraged to continue in, and others to come to the place for want of ex- ternal encouragement and sustinance for a gospel minister to take care of their precious souls, and although by the good providence of God, your petitioners be provided with an able and faithful minister, Mr. Henry, bearer hereof, yet they must of necessity quit with him & that to their prejudice and grief by reason of the want of a mantinance for him and then they shall be utterly desolat of all publick gospel ordinances because there is no other gospel minister residing further east where Casco and several other settlements lyes desolat of the ordinances. And, before your petitioners utterly dispaire in this case they have judged it to be their duty to implore the sympathy of this worthy and honorabl court in these their pinching circumstances clamont [claimant?] for present relif in settling a benefice for their said pastor, that he may have a competency for his subsistence among them whither the inhabitants be few or many by your gracious act rateing all the lands granted or claimed in this town to the said effect, according to


179


COURT OF GENERAL SESSIONS, 6 APRIL 1725


the laudable custom of some other Christian nations, so that the poor inhabitants resi- dent wrestling with insuportable difficulties to keep possession of the place may not be oppressed above measure by laying all the burden of the ministers mantinance on them alon, and others non resident haveing great estats in the town go free and not to touch their heavy burdens with on[e] of their fing ers.


May it therefore please this worthy and Honourable Court to take the premissess and distressed condition of your petitioners to serious consideration and to favour them by your gracious act authorising them or their select men to rate all the lands granted or claimed within their said town at a grot [sic.] 3ds or w't you please per acar for a constant benefice for their said pastor and his successors, and obligeing the owners or clamers of the said lands to pay yearly the said benefice or stipend conform [-ing] to their said lands claimed by them, and that methods may be appoynted to oblige recusants to pay, and that the date of first payment may comense as far back as possible because he can expect but very little by our ordinary rates for the last winter half year and that heavens remuneration may be your reward your petitioners shall ever pray


[Signed:] Roger Dearing Nathan Knight Job Burnum Selectmen


[2] The declaration of Mr. Hugh Henry minister of the gospel at Scarborough to their Town meeting holden at Blackpoynt garison the 25 day of March 1725


Dear brethren and people of the Town of Scarborough, these are minding you that I coming from Britain to this land, providentialy was sent to this place by the ministers of Boston, upon a petition they had received from your hands to send you a minister: and I comeing to this place was received by you, and agreed with by your town meeting jun 1722 so as it comes to Sixty Six pounds per annum, and hitherto I have resided and exercised my ministry among you, the generality of this people submitting thereto in the administration of the word and Sacraments. And I had also the petition of your Selectmen to the General Court to provid[e] encouragement to continue among you, which the Court granted by their bounty, although not in the way we expected by rate- ing the nonresident proprietors, and further agreement then that at first made betwixt us being delayed at your town meeting march 28 day 1723 till we should receive the Courts answer to our said petition that rates, as was hoped, might be made to my greater encouragement for the futur, now these two years are run on since the said March 1723 unrated or payed by this Town to me: I therefore desire at this meeting this day, you now being met, would take the affaire to serious consideration for the gospels encourage- ment among you, and this day to agre with me for the said two years past that I may be payed my mantinance due to me for the said two years, the which if you fail to do, I hereby crave and demand that within 48 hours you shall rate and appoynt the present residents in this said town to pay to me with all possible expedition fourty six pounds per annum for the said two years now past, as your use of payment conform to our said first agrement, I abaiting the Town twenty pounds per annum of sixty six foresaid upon the account of the Courts said bounty to me for your ease, which is twenty pounds per annum, and that this said Town shall intimate to me that they have don so within two dayes, to prevent a law seut for my said mantinance: the which if you shall fail to do I do hereby protest for all cost hurt and damage &c from this said town that a law sute for my said mantinance shall cause or occasion. And I do hereby declare my addherence to this my charge as a gospel minister in this said town of Scarborough to which I was orderly sent and received, till such times as my brethren the gospel ministers shall be consulted and their minds known in the affair, conform to the good order of all best reformed Churches, and to the will and liberty of our Royal Charter. And I demand




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