USA > Maine > York County > Province and court records of Maine > Part 21
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180
PROVINCE AND COURT RECORDS OF MAINE
that incontinent all former accounts betwixt this said town and me shall be cleared, as witness this presents before this said meeting this 25 of March 1725 by me
Mr Hugh Henry minister of the gospel at Scarborough
sic subscribitur William Giles witness Nathan Knight witness
[3] [A long petition, with bits of red sealing wax attached, addressed on the outer fold:]
To
Major Mudy liveing at Casco to be communicated to the rest of his Majesties justices of the peace w'n [when] met in their Court of Quarter Sessions in the Town of york the first Tuesday of April 1725 for the said County, these
[Inside]
Blackpoynt March 29. 1725
Hon'rd & Worshipfull Sirs,
Although loath to trouble you with complants yet the ignorance and difference of rud[e] people obliges me to desire you to inspect and consider the inclosed declaration informing you how matters stands betwixt this people and me, they haveing payed me near all due for the first quarter comensing from the 14 [17?] day of jun 1722 the which day I first preached among them then another half a year run on till March 1723 and the town meeting the 28 day of that moneth being met they did rate the present then inhabitants conform [able] to our first agreement jun 1722 for each mans proportion, that is each person was only rated for so much as at first, and I was left to seek the rates of those that were fled the town as I best could. Only I judge the town did wrong me in that notwithstanding they promised in our agreement for that half year past to rate all the inhabitants that were then in the town conform to their quota at our first agreement jun 1722 yet Thomas Leraby [Larrabee] that resided then and for a moneth after was not rated and John Croket and Robert McKiney and Henry McKiney who did ordinarly reside in the town constantly both before and since was not rated because only they were absent at that time upon a March and returned to the town again in a few days and of this wrong I desire to be redressed. And at the said meeting march 1723 the meeting having sent in their Selectmen to agree with me we concluded that Seing the Town was dayly growing lese [less] and less, the best way was to apply to the Gen- eral Court by a petition to rate the lands of the nonresident proprietors at 3 pence or 4 per acre that the residents wrestling to keep possession of the town might have sympathy and assistance from the non residents which was always approven by the lower house but at last stoped by the uper house, and the said selectmen and I judged convenient to delay any further agrement and rateing till we should receive the courts answer as we might then agree and rate to my great encouragement as was hoped. [H]owbit [sic. Howbeit] the Court did very redily and cheerfully grant their bounty of 20 pounds per annum, and so waiting on the Courts answer these 2 years are run on, and now although some are willing to pay as they were rated at first and according to our first agrement others are not willing and so this town meeting hath don nothing for me, although I judge they are as able to pay now as when I first came, for where on[e] hath ben killed of their cattle several hath risen and many of them hath benefited by the country service very much.
May it therefor pleas this Worshipfull Bench to take the affair to serious considera- tion and to grant me the favour and justice to order this said town of Scarborough to pay to me my mantinance for these said two years past and if your worships judges not fit to require any more from them then they were each rated conform[able] to our first
181
COURT OF GENERAL SESSIONS, 6 APRIL 1725
agrement jun 1722 I desire the present inhabitants may be ordered imediatly to pay that same, and although I come to losse by it, yet considering it shall be lesse quarelled by the people and less trouble to your court I shall endeavor to bear the loss, only desire it may be presently ordered for me and not delayed to another session and I suffer by want and delay of payment and your answer with your first convenience that I may not need to prepare it for the General Court & that you may have divin conduct prays your humble servant
Hugh Henry min'r
[On the left margin, the length of the page:]
Worthy sirs I cannot have peace of conscience to conceal any longer the behaviour of one Samuel Lebby [Libby] liveing in this Garison who although no professed Quaker yet these 2 years past hath totaly deserted the publick ordinance and is a bad example to others and yet continues to be our town clerk. I desire your Worships would reduce him to order according to law, and I thank God he is only the total absentor from publick ordinances in the whole town known to me.
Hu: Henry m'r
[On the reverse, added:]
What the rates are and who are present inhabitants will be found by the town book here and by information given to such as the Court shall send to take notice of the affair.
[4] At a Town meeting lawfully warned by order of the Selectmen on June the 30 day anno Domini 1725 to agree what ansur to Send the Justiceses [sic] of the peace in the general Sessions of the peace consarning the complant of Mr Hugh Henery hath made aganst the town being acordingly meat [met] and convend acording to the time and place perfixt did pr'sede and chose mr Job Burnam morderrator
The mager [major : majority] vote was that Mr Hugh Henery hath not bin accounted ouer minister sence he Refused agreement with the Town March the 28 Day anno Domini 1723 nather hath he bin detaned by the Town but was free from us and we from him a tru Copy atested p'r
Samuel Libbee Clerk
[5] [A large sheet; on the outer fold, in the hand of the Clerk of the Court:]
Mr Hugh Henery Compl't
[Inside, the following names, written by one hand, are listed as shown. There is no explanation, nor is there any attestation. The small "x's" after certain names are in the original.]
Job Burnum
[Reverse:]
Daniel Burnum
Job Burnum
Henery Libby
Henry Libby
Sam'll Libby
Sam'll Libby
James Libby x
Rob'd Mackeney Sen'r
Jno Libby x Robert McKiney senior
Jno Mackeney
John McKeney
Charles Pine
Robert Mckenney Jun'r x
Daniel Burnum
Henrey McKenney x
Widow Huniwell
Eleazer McKenney x
Nathan Knight
Widow Hunnwell [?]
Thos Sevey
Jno Brag
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PROVINCE AND COURT RECORDS OF MAINE
Jos Hunwell her son x
Nathan Wright Jno Crockit Thos Seevey
Jno Crockit Widow Mitchel James Fly
Ebenezer Sevey x
Jno Brag
Charles Pine
James Fly
Widow Mitchel Widow Perrey X
[6] [This seems to be Henry's own listing. It appears to be in his handwriting, and it shows no attestation.]
An account near about what are the yearly rates of the present inhabitants of Scarborow conform[ing] to their first agrement
£
S
d
Widow Mitchel
2
09
04
Job and Daniel Burnum
3
14
00
Henry Liby
1
19
08
James Fly
3
02 00
Widow Hunwal
2
13
00
John Brag
1
06
04
Robert McKiny Senior
1
16
04
John McKiny
1
04
00
Robert McKiny junior
1
10
04
Henry McKiny
1
07
08
Elieser McKiny
1
04
00
Charls Pine
1
14
00
Roger perry
2
11
00
Thomas Liby
2
01
00
Ebenezer Liby
2
01
00
John Crockit
1
06
04
Nathan Knight
2
01
00
3652 1 00
Also Roger Daring rated at 3 pounds per annum or more after he had stayed till about March 1723-4 went away unrated for that year 1723 and why he and others once rated should not pay for every year which they have cattle pasturing in the town we desire to know the reason.
The Town was rated till the middle of March 1722-3 but never further, Sir, beside the above sume due yearly by the town even as they were first rated
48 S d
Roger Daring living there the year 1723 must be rated at
more then 3 - 00 - 00
Thomas Lareby for the last half year 1722 or the Town for omitting to rate [him.] 2 - 00 - 00
Robert McKiney for the said half year 0 - 12 - 00
Henry McKiney also
0 -. 17 - 00
John Crocket
0 - 13 - 02
7- 02 - 00]
52 An error: it clearly should be 34:01:00. Henry's mistake, which possibly he cor- rected without noting source of error.
183
COURT OF GENERAL SESSIONS, 6 APRIL 1725
The abovesd. Mr. Hugh Henry inform'th this Court that one Sam'l Libby of Scarborough Neglect'th the publick worship of God ordered that the Sd. Sam'l Libby be sumon'd to appeare at the next sessions to answer to the afforesd. information and that the Sd. Henry be sumon'd to attend at the aforesd. term as Likewise to prodouce what Evid'ce he can to make out his afforesd. charg's.
Ordered that the presentment of Thomas Masseets wife be heard be- fore Jo's Hamond Esq'r one of his maj'tys Justices of the peace for Sd. county as it was ordered at January Court last and that he make report at the next Gen'l sessions held in Sd. county. Fees 7s.
Peter Whittom Jun'rs wife presented for not attending the publick worship of God; he makeing Excuse to this Court that his wife is unable to come to Court, haveing not ben well for Sum time; Its therefore con- sidered by the Court that the Sd. present'm. be heard before Jo's Hamond Esq'r one of his maj'tys Justices of the peace for Sd. county & that he make report of his proceedings 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. [In right margin:] Fees 7s.
Noah Willson present'd for not attending the publick worship of God, it appearing to this Court that the man hath not ben well for sum time, Its considered that he be heard before John Wheelwright & Jo's Hill Esq'rs two of his maj'tys Justices of the peace for Sd. county & that they make report of their proceedings thereon at the Next Court of Gen'l sessions of the peace to be holden at york for sd. county of York on the first Tuesday of July next. [In right margin:] Fees 7s.
Hannah Eldridge presented for not attending the publick worship of God, Its considered by the Court that She be heard before John Wheelwright & Jo's Hill Esq'rs two of his maj'tys Justices of the peace for Sd. county & that they make report of their proceedings 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. [In right margin:] Fees 7s.
Daniel Simson chosen county Treasur'r & Sworn in Court.
[7:84]
Peter Whittom & wife appearing to answer their present'm for not attending the Public worship of God they giving Sattisfaction to the Court, Its considered they be acquit'd paying Fees of Court 14s.
Daniel Whittom & wife appearing to answer their presentm't for not attending the publick worship of God, they giving Sattisfaction to the Court. Its considered they be acquit'd paying Fees of Court 14s.
John Whittom & wife appearing to answer their presentm't for not
184
PROVINCE AND COURT RECORDS OF MAINE
attending the publick worship of God they being thereof convict'd, Its considered by the Court that they pay a fine to the poor of the Town of Kittery of 20s Each & Fees of Court 14s; if on able to pay the Fine to be set in the Stocks; his wife pd the fine.
John Treworgie being bro't to this Court for being the reput'd father of a bast'd child begotten on the body of Dorcas Gowen & being thereof convict'd, Its considered by the Court that the Sd. John Treworgie pay to the Sd. Dorcas Gowen two Shillings and six pence per week, towards the maintenance of Sd. child from the birth of it during this Courts pleasure & pay Fees of Court, and Stands comitt'd untill he geet suretys to perform the same. John Treworgie principle & Josiah Winn & An- drew Grover Suretys Joyntly & Severally Acknowledge them Selfes to be holden & Stand firmly bound & oblig'd to the Sellect'm 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'd John Treworgie Shall observe & comply w'th the above Sd. order of Court & keep the Town of Kittery free from any charge for Sd. childs maintenance then the above to be Void, otherwise to remaine in full force &c.
The Sellectmen of the Town of Wells appearing to answer their Towns presentment for want of a Sufficient bridge over the mill river by Jo's Littlefeild, makeing it appeare to the Court that the Town was about the bridge, Its considered they be Acquit'd paying Fees of Court 11s.
Whereas their was a writ of Scire facias ag'st James Parker for his appeareance to this Court &c; the Court being inform'd of his desiblety [sic.] to attend ordered that the Exicution be suspend'd untill the next term.
John Eldridge appearing to answer his presentm't for cursing and being thereof convicted its considered by the Court that he pay a fine to the poor of the Town of Wells of 5s. & Fees of Court 7s & Stands committ'd.
Benj'a Stone of York Sworn in Court Seal'r of weights & measur's for Sd. Town.
[7:85]
Charles Frost 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 in- corageing Voters to Vote in Town affares &c. w'ch were not quallify'd
185
COURT OF GENERAL SESSIONS, 6 APRIL 1725
according to law to Vote, ordered by this Court that he be Admonesh'd & pay Fees of Court, 12s6.
Whereas Mr. Charles Frost was bro't before this Court for refuseing to Enter & record a return of the laying out of Sev'l grants of land unto the complainants John Rogers, John Leighton, Joseph Hamond, Jun'r & Tobias Leighton, Its considered that in as much as it has been the practise of the Sever'l Towns in this county to record such returns & he not being so well appriz'd of his duty in that matter, that he be dis- mist paying costs 38&8 and Advis'd for the future to comply w'th the Antient practice.
Cap't Edward Preble being bound over to this Court by Sam'l Came Esq'r one of his maj'tys Justices of the peace for sd. county for Selling Strong drink without Licence; the process being so uncertaine, Its con- sidered by the Court he be Acquitt'd paying Fees of Court twenty foure Shillings.
There being a process out for John Woodmans appeareance to this Court to answer his presentment for being drunk and Nath'l Fernald constable of the Town of Kittery makeing return that he had appre- hend'd him; but nither of them appearing; Its consider'd that the process be continu'd ag'st Woodman for his appeareance at the next Court to answer his sd. present'm, as Likewise that there goo out a process for the bringing the sd. consta Fernald to the Sd. Next term to answer to his neglect of duty in his Sd. office.
Thomas Weed being bound over to this Court by Joseph Ham- mond, Esq'r. one of his maj'tys Justices of the peace for Sd. county for refuseing to assist Constable Benj'a Goold in the Exicution of his office &c, Its considered by the Court that the Sd. Tho's Weed pay a fine to the poor of the Town of Kittery of five Shillings & Fees of Court thirty Eight Shillings & 2d & Stands comitt'd.
The presentm't of the grand inquest are as followeth vizt.
We the grand inquest for the body of the county of York find the following presentm'ts vizt.
York: for Difishant high ways from York bridge up to bricksum Swamp, and brave boat harbor bridge.
Lydia Whier for Fornication
John Burril for profaine Swaring
Kittery: For not being provided with a School master. For want of Standards
186
PROVINCE AND COURT RECORDS OF MAINE
[7:86]
Biddiford: John Stackpole for breach of the peace for Striking
SAM'L CLARK Foreman
Mr. Charles Frost is appointed Clerk of the Court of Gen'l Sessions of the peace and Inferiour Court of comon please for our Said county of York, and was Sworn in Court to the faithfull discharge of Sd. Offices
Attest'd: WM PEPPERRELL Cler
[First entry in the hand of Charles Frost:]
ANNO REGNI REGIS GEORGII UNDECIMO
At a Court of General Sessions of the peace holden at York within & for the County of York July the 6, 1725-Present John Wheelwright, Joseph Hamond, Sam'l Moodey, William Pepperrell Jun'r, Joseph Hill & Sam'll Came, Esq'rs.
The Names of the Grand Inquest are as Followeth
Jonath'n Bane Foreman
Joseph Prebble
Samuel Toby
Tho's Kilpatrick
Daniel Junkins
Richard Rice
Benj'm Hatch
Ralph Fernum [Farnham]
Clem't Dearing
Robert Knight
John Furbush
Josiah Winn
Ethrington Hearl
Whereas there was a writt of Scire facias against James Parker for his appearance to Aprill Court Last &c, the Court being Inform'd of his disability to attend; they Ordered that Execution Should be Suspended untill this Court He not Attending this Court; Ordered that an Execu- tion or Warrant of Distress go out of the Clerks office against the Sd. James Parker for the forfiture of his bond of twenty pound to our Soveraign Lord the King & Fees of Court 35s.
Sam'll Libby & Job Burnum two of the Selectm'n of the Town of Scarborough appeared to answer the Complaint of the Rev.'d Mr. Hugh Henery Minister of Sd. Town of Scarborough Against the In- habitants of Sd. Town for not Supporting him in the work of the Min- istry there, Since the Expiration of the Contract which was Contin'd to this Court, Ordered that the Selectmen or Assessors of Scarborogh aforesd. do forthwith assess the ratable poles & Estates of the In- habitants of the Town in due proportion (they being Since the late dis- troying warr reduced to very low Circumstances & being in Numb'r but fourteen poles) the Sum of twenty pounds in full of Mr. Henery['s]
187
COURT OF GENERAL SESSIONS, 6 JULY 1725
Salery out from Sd. Town to the 30th day of June Last & Cause the Same to be paid in to the Sd. Mr. Henery at or before the 30th day of Septemb'r Next Excepting what [7:87] Appears to the Assessors that any of the Inhabitants have already paid their proprtion or any part of it And that they pay the fees of Court 19&3.
Samuel Libby of Scarborough appeared to Answer the Complaint of the Rev'd Mr. Hugh Henery for not frequenting The Public worship of god, Its Considered by the Court he be Acquited pay Cost of Court 18&3 & Stand Committed.
Samuel Smith Constable of Biddiford Appear'd to Answer for his Neglect in his office in not making return that he had Apprehended John Stagpole of Sd. Town to appear to Aprill Court Last; Its Con- sidered by the Court he be Admonished & pay fees of Court 17&9 & Stands Committ'd.
John Stagpole appear'd to Answer his presentm't for breaking the peace in Striking & being thereof Convict'd Its Considered by the Court he pay a fine to the King of 5s & fees of Court 25s & Stands Committ'd.
Nathaniel Fernald Constable of Kittery Appeared to Answer for his neglect in making return that he had apprehended John Woodman as Set forth in the warrant to appear at Aprill Court Last; Its Considered by the Court he be Admonished & pay fees of Court 10&3 & Stands Committed.
John Woodman of York Appeared to Answer his presentm't for be- ing drunk. Its Considered by the Court he pay a fine to the poor of the Town of Kittery of 5s. & fees of Court 14s & Stands Committ'd.
Samuell Savery of Berwick Appear'd to Answer for his Neglect in not Attending the Grand Inquest in Aprill Court Last as per the Record appears. Its Considered by the Court that he be Acquited pay Cost 8s. & Stands Committ'd.
Samuel Shory of Kittery Appeared to Answer for his Neglect in not Attending the Grand Inquest in Aprill Court last as per the Record appears. Its Considered by the Court that he be Acquitted paying fees of Court 8s & Stands Committ'd.
Mess'rs John Dennit & John Thompson two of the Selectmen of Kittery appeared to Answer their Towns presentment for not having Standards. Its Considered by the Court that they be directed to take Effectual care that the Town be provided with Standards &ct & pay fees of Court 10s & Stands Committed.
John Woodbridge being bound over to this Court by Sam'l Came Esq'r for Striking as per the process. Its Considered by the Court he
188
PROVINCE AND COURT RECORDS OF MAINE
pay a fine of five Shillings to the King & fees of Court 18s & Stands Committed.
[Y. F. 1724-1725 No. 6]
[1] [A large double piece of foolscap, with Samuel Came's record of the case.] York Ss To the Sheriff of the county of York his Under Sheriff or Deputy
Greeting
Whereas complaint is made to me the Subscriber one of his Maj'tys Justices of the peace for sd county by John Smith of York, for that on the 5th day of this Ins't July John Woodbridge did beate & abuse sd Smith & did Strike him w'th a gun over the head, these are in his Maj'tys name to require you forthwith to apprehend the body of the sd John Woodbridge & him to bring before me the Subscriber or Sum other of his Maj'tys justices of the peace for sd county to answer to what shall be alleag'd ags't him on his Maj'tys behalfe relateing to the premises & here of faile not at your peril. Dat'd at York July the 6th in the 11th year of his Maj'tys reign Anno: Domini: 1725
Sam'l Came
You are Likewise required to Sumons Wm Rouse & Jona. Johnson to appeare to give Evid'ce what they know relateing to the premises
Sam'l Came J: peace July the 5th 1725
Jona. Johnson being at the house of John Woodbridge Saw sd John Woodbridge coller John Smith & told sd Smith he would knock his brains out if he would not goo out of his house & let go his holt & caught up a gun & Strock sd Smith over the head w'th sd gun
York Ss July the 6th 1725 Sworn before Sam'l Came J: peace A True copy Exam'd by [signed:] Samul Came Js pes
[second page.]
York Ss July 6th 1725
about 8 of the Clock in the forenoon John Woodbridge was brought before Sam'l Came Esq'r one of his Maj'tys Justices of the peace for sd county for Stricking of John Smith as by the process. Evid'ces being taken that proved the fact, Its Considered that the sd John Woodbridge give baile w'th Suretys to the Value of ten pounds for his Appearance before the Justices of the Court of Gen'l Sessions of the peace to be holden at York for sd county on this day
[There follows the recognizance and bail bond. Surety was John Adams of York. The condition is that Woodbridge "Shall this day appeare before the Justices of the Court of Gen'l Sessions of the peace."]
A True copy of record Exam'd
Saml Came Jus pcs
[2] July the 5 1725
Will'm Rowse being att the House of John Woodbridge Saw sd John Woodbridge Collar John Smith and told him sd Smith he would Knock his Brains out if he would not go out of his house and let go His hould and Cached up a gun and Struck sd Smith over the head with sd gun
189
COURT OF GENERAL SESSIONS, 6 JULY 1725
York Ss
York July the 6 1725 Sworn be fore me Sam'll Came
Justes a peace
A True Copey per Sam'll Came]
[7:88]
James Turner being brought before this Court for Stealing of a Dog53 as per the process; no Evidence Appearing to Convict him; Its Con- sidered by the Court he be Acquited paying fees of Court £5:1:0 & Stands Committed.
[Y. F. 1724-1725, No. 6]
York Ss. To the Sheriff of the County of York his under Sheriff or Dep'ty or to Either of the Constables of the Town of Berwick Greeting
Whereas Compl't is this day Exhibited to me the Subscriber one of his Maj'tys Justices of the peace for the sd County by Elisha Plaisted of Berwick in sd County Esq'r in his Maj'tys behalfe, that On or Ab't the Twenty first day of April Instant at Berwick aforesd James Turner now resident in the aforesd Town did Steal from him the Complainant One Certaine Iron Canting dogg of the vallue of four pounds which was then lying at his door of his Garrison & the propper goods or Estate of the Com- plainant, which is Contrary to the Law of this Province Entituled An Act for the punish- ing of Criminal Offenders, to the dammage of him the Complainant & Contrary to the peace of Our Soveraign L'd the King his Crown & Dignity
You are therefore hereby required in his Maj'tys Name on Sight of this to Aprehend the aforesd James Turner and him bring before me or Some other of his Maj'tys Justices of the peace for the sd County that he may be proceeded with as the Law directs, Here- of fayle not. Dated at Kittery in sd County this 30th day of April in the 11th year of his Maj'tys reign Annoque Domini 1725
Jos Hammond
You are also hereby required to Summons as Evidences Edw'd Steward, Michael Kelly, Joseph Cross, Habija How, Isaac Curtis, James Marden, Andrew Walker, James Grant, Moses Hubbord and Margaret Frost to Appear at the same time, And to notify the abovesd Plaisted of the time & place that he may Appear
Jos Hammond J: Pac
May the 4th 1725
Pursuant to the within Warra't to me directed I have Aprehended the within named James Turner & Summoned the Several Witnesses within named
by me Tho's Butler Const'a
Vera Copia Exam'd Jos: Hammond J: Pacis
[2] York Ss. May 4th 1725, Annoque R'i R's Georgii Undecimo
James Turner a resident in Berwick in the County aforesd being Br'ot before Joseph Hammond Esq'r One of his Maj'tys Justices of the peace for sd County to Answer to the Compl't of Elisha Plaisted of Berwick aforesd Esq'r on his Maj'tys behalfe, that on or About the 21st day of April last at Berwick aforesd he the sd James Turner did Steal
53 As the file papers make clear, the reference is to a tool: a canting iron, or grappling iron.
190
PROVINCE AND COURT RECORDS OF MAINE
from him the sd Plaisted One Certaine Iron Canting dogg of the vallue of four pounds as Set forth in the process.
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