USA > Maine > York County > Province and court records of Maine > Part 24
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Wm: Pepperrell J: peace
A True Copy [etc.]
210
PROVINCE AND COURT RECORDS OF MAINE
[4.] [Martha Rice of full age gave the same testimony as Esther Kene: that she was with Esther Kene at Samuel Spinney's house, 21 October 1725, and heard John Spinney say that Sarah Kene "was a dam'd witch," and that she (Martha Rice) heard him make the same offer to prove it.]
[5.] The Deposition of Mary Rice of full age Testifieth and Said that Sarah Cane told me that Jno Spenny did deny that Ever he told me this depon't, that he was rid up from the Eastwards & tyed to Mistress Canes plum trees & Sum time in October last past the sd Jno. Spinny came to my house & I askt him why he deny'd to Mistress Cane that he told me so, butt he sd he never deny'd it to her nor never would butt allways tho't She was a witch and never Should think other wise as long as he did live, and further Saith not
York Ss: Nov: 2d 1725
Sworn before
A True copy [etc.]
Wm: Pepperrell Js P'ce
[6.] The Deposition of Rob't Cole of full age testifyeth and Saith that I have Several times heard Jno Spinny Say that he beleved that Sarah Cane was a witch, and that he never Should think other wise as long as he lived, for he had Very good reasons to think so, and further Saith not
York Ss: 2d Nov'r 1725:
Sworn before mee
Wm: Pepperrell Js: p'ce
A True copy [etc.]
[7.] The Deposition of Moses Rice of full age testifyeth and Saith Sum time in October last past Jno. Spenny came to My Mothers house & I this depon't heard my mother ask the sd Jno Spinny why he did deny to Mistress Cane that he told her that he was rid up from the Eastw'd & tyed to Mistress Canes plum trees; and he sd he never did deny it nor never would: but Should allways think She was a witch as long as he leiv'd, and further Saith not
York Ss: Nov'r 2d 1725 Sworn before me
Wm: Pepperrell J: p'ce
A True copy [etc.]
[8.] [The bill of costs, charged to Spinney:]
The Cost Allow'd ag'st John Spinny the 2d Nov'r 1725 where he is fin'd to the King before Wm. Pepperrell Esq'r, Vizt
To the warrant, 5 supeners & Justices Fees 12 : 2
5 Evid'ces 10 :
Sarah Cane the Compl't 4 :
Constable 7 :3
£1:13 :5
A True copy Exam'd per Wm Pepperrell J: peace
[Dissatisfied with the outcome of the trial at Col. Pepperrell's court, Spinney appealed to the General Sessions of the Peace.]
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COURT OF GENERAL SESSIONS, 4 JANUARY 1725/26
[9. Spinney's "Reasons of Appeal."]
York Ss To the Honourable the Justices of his Majesties Court of Gen'll Quarter Ses- sions of the Peace to be holden at York in and for the County of York the First Tuesday of January, 1725/6
John Spinny of Kittery Weaver, Appellant VS Sarah Keene, Appellee
The Appellants reasons of Appeale from a Judgment obtained against him at a Justices Court holden at Kittery in sd County of York before Wm Pepperrell Esq'r. one of his Majesties Justices of the Peace of the sd County on the Second day of November 1725, brought before the aforesd Mr Justice Pepperrell for that the sd Appellant had Scandal- ized and abused the sd Keene in Saying She was a Witch as per the Records appear, the Complainants Allegations and Pleas being heard, the Justice ordered the sd Spinny to pay a Fine to the use of his Majesty, Five Shillings and cost of Court Thirty three Shillings and five pence &c which is wrong and Erroneous and ought to be reversed for the reasons following, Vizt.
1st The Justice should have given Judgment for the Appellant for his cost
2ly The Judgment was wrong and erroneous, because in order to have past a good and legal Judgment on the Complaint brought before the Justice, it was necessary in the Law, he Should have put the Defend't upon Pleading to it, which he did not doe, He [Spinney] gave no Plea to the Complaint and in as much as he gave no Plea and so did not join Issue, no Judgment can be past in the Law.
3ly If the Defend't refused to give a Plea, Judgment should have past ags't him upon a nihil dicit, and since the rule of the Law was not therein attended, the Case falls to the ground, and the Complainant can obtain no remedy
These reasons with what else may be offered on tryal being considered, your Appellant hopes that your Honours will see cause to dismiss the case and find cost for your appellant
22d December 1725
Received, Dec the 24th 1725 per Charles Frost Cler
Jno Spinny
[On November 10, Spinney produced two "evidences" who testified as follows before Justice Pepperrell. The first is Paul Williams. There had long been bad feeling between the Williams and Kene families.61 On the reverse of Williams' testimony, the notation: "Paul Williams & Eliz'a Trickeys Affidav'ts."]
[10.] The Depotion [sic] of Poll [Paul] Williams of full age Testifieth and Saith: That he was at the house of Sarah Cane Some Time in October Last: and Jno: Speney Being there, he and the Said Sarah Cane having Some Difference, She haveing a Bridle in her hand Said She Could not find her mare and She Would Ride the Said Jno: Speney Down to Collonel Pepperells. The Said Williams further Saith that her Dafter Easter Cane Took the Bridle from her mother Saying She would make the head of the Bridle shorter and fit it for Said Spineyes head, and ride him her Self
York Ss Nov'r 10th 1725
Paul Williams appearing made oath to all above written Mistress Sarah Cane haveing notice to be present
Wm Pepperrell Js: peace
[11.] The Deposition of Eliz'a Trickey of full age testyfieth and Saith that She heard 61 See Prov. and Court Records IV, 284-287.
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PROVINCE AND COURT RECORDS OF MAINE
Sarah Cane Say that John Speney was a Roge and a Lying rouge and a theifish rouge and a Begerly rouge and She Swore by god She would Be revenged of him. Likewise her dafter Easther Cane Sware that She would likewise be revenged of him the Said John Spiney; Likewise Tho's Buth'by Cursed and Swore Bitterly and Wished to god that he had John Spinnyes heart [?] in his hand and the sd Eliza' Trickey further Testifyeth that She realy thinks (By Sum Actions) that Sarah Cane is a witch, for one night She (Said Eliz'a Tricky) Loged w'th the Said Sarah Cane and She heard a Sucking in the night w'ch so frightened her that She could not Sleep all the night
York Ss: Nov'r 10th 1725: Eliza Tricky appearing made oath to all above written, Mistress Sarah Cane haveing notice to be present
Wm: Pepperrell J. p'ce
[On December 31 more testimony was taken, this time before Joseph Hammond, J.P. The first two "evidences" were brought in by Spinney: it is to be noted that Sarah Kene was warned to be present.62 These statements, by William and "Nemie" [Naomi?] Thomas are written in a very crude and untutored hand, and seem to implicate both Sarah Kene and Matthew Rice.]
[12.] Willam Tomas saes that Mathew Ris [Rice] will swer and Cors [curse] and did say that she [doubtless Sarah Kene is meant here] wol [will? would?] split the branes of wilam Thomas out
[On the same sheet of paper:]
Nemie [Naomi?] Tomas sas that Mathew Ris Last somer Did curs god dame your blod if you toch me I will Split your brans out
York Ss. Dec'r 31st 1725
Wm Thomas & Miles Thomas made Oath to the truth of all above written Sarah Kene being notifyed to be present
Coram Jos Hammond J: Pac
[Certainly the most remarkable testimony is that which follows, also taken on December 31 before Justice Hammond.]
[13.] The Deposition of Elizabeth Pettegrew of full age Testifyeth & Saith that Some time in the Month of August five years ago last August, about nine or Ten of the Clock in the Night as She was at the Door of her house [she] heard a noyse of People Talking down the Country road Towards Nath'l Kenes. She went to the Side of the road and Imediately Saw Sarah Kene on horse back [one word scratched out here.]63 with the head of a riding hood on her head & a white handkerchief about her neck the moon Shining very bright and the Depona't was So near that She Could have took her by the hand, And with sd Sarah Kene were Seven [Hole here: one short word is missing.] horses double haveing fourteen women on them, as they Appeared to her they follow'd Each other and Talked and Laughed Loud & Seemed to be very Merry but She did not hear Sarah Kene Say anything. The Depona't further Saith that upw'd of 20 years Since, She was walking with Sarah Kene in the field, sd Kene Asked the Depona't if a person might not be a witch & not know it. The Depona't replyed She thought not, Kene Said her Mistress had often told her She might And Said She was doubtfull of herselfe that She was one by reason [partly torn on the fold, but apparently: of a Teat] or dugg which grew under one of her [torn: apparently breasts which] She Shew'd the Depona't and it was then as big as a young womans Niple; about four years Since, the Depona't being at John Shepards house one of his Children being Dead Sarah Kene Came in and was
62 Cf. An Act for Taking of Affidavits out of Court, 1 Acts and Resolves, pp. 225-226. 63 The struck word seems to be "alone," which is at least interesting.
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COURT OF GENERAL SESSIONS, 4 JANUARY 1725/26
very full of Talk about witches and Said that She was afraid of herselfe that She was one formerly by reason of a Teat as above which She Said was not So big now as formerly and did then Shew it to the Depona't Againe and it did not Appear to be So big as formerly
York Ss. Dec'r 31st: 1725. Elizabeth Pettegrew made Oath to the truth of the Above Deposition Sarah Kene being Notified to be present
Coram Jos Hammond J: Pac [On the reverse:]
The Deposition of Margaret Spiney of full age Testifyeth that about Twenty years Since, She Saw a Teat or dugg under one of Sarah Kenes breasts and asked her if She had Two Niples on one breast. She replyed No, it was a Wart, but Said She was afraid in the time of the Witchcraft She Should be Taken up for a witch. About three or four years ago She Saw the sd Teat againe & it was much [partly torn. Perhaps less] than before
York Ss. Dec'r 31st. 1725,
Margaret Spinney made Oath to the truth of the above Deposition Sarah Kene being notifyed to be present, Coram Jos: Hammond J: Pac
[Just beneath, partially rubbed out:]
Dan'1 Kenniston Testifyeth that Some time [no more.]
[Four other persons testified on December 31st, before Justice Hammond. These four, Paul Wentworth, Lydia Boothby, Thomas Boothby and Nathaniel Kene (Sarah's son) deposed in support of the accused "witch."]
[14.] The Deporsion [sic] of Paul Wentworth Doth testifie and say that nere abouts 4 years past John Spenny Cam to my hous and I heard him say that M's Keen had Rodd him up from Estward and I said No I Beleve it Not and he said yes-By God M's Cain had Rodd him up from the Estward and som tim sence I heard M's Keen ask him what maid him say such thing of her and he Denyed it and said he never said aney Such thing
York Ss. Dec'r 31st 1725 Paul Wentworth made Oath to the truth of the Above Deposi- tion, John Spinney being notified to be present
Before Jos. Hammond J:Pac
[15.] The Deporsion of Lydia Bothby Doth testefi and say that nere abouts three years past I this Deponoun did here John Spenny Say that he wished he might Be Damned to all Etarnity If Ever he said my [i.e., Lydia Boothby's] mother Rid him up from the Estward [added above line: and tied him to her dore] and Said he wished [they? them?] might Be Damned that Raised them Lyes to say that he said so of my Mother Sarah Keen. indeed said he I was Rid up from the Estward and tied to my one [own] Doore and there Remained three Hours said he and Could have Slipt of [f] my Bridel But what would people have said of me to be one day at the Estward and the Next day here at whome [sic.] and further be said that he never said My Mother Sarah Keen had Rid him any ware nor never did say any harm of my Mother Sarah Keen he S'd.
York Ss. Dec'r 31st: 1725, Lydia Boothby made Oath to the truth of the Above Deposi- tion, John Spinney being Notified to be present.
Before Jos: Hammond J: Pac
[The next two depositions are on one sheet.]
[16.] The Deporsion of Thomas Bothby Doth testefi and say that nere abouts ten months past John Spenny was at the House of Mistress Sarah Keen and M's Keen asked him what maid him say that She Rodd him up from the Esward to her hous and he
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PROVINCE AND COURT RECORDS OF MAINE
Replyed and Said that he Wished he might be Damed [added between the lines: and Burn in hell fire] If Ever he said any Such thing.
York Ss. Dec'r 31st: 1725 Thomas Boothby made Oath to the truth of the Above Deposition John Spinney being Notified to be present
Before Jos Hammond J:Pac
The Deporsion of Natha'll Keen Doth testefi and Say that nere aboutes three years past I this Deponon was in Company with John Spenney at the hous that is now my Mothers and I asked him what maid him say that my mother had Bewitcht him and Rodd him up from the Estward and he Replyed and said he never said any Such thing of my Mother indeed said he I was Rodd up from the Estward to my owne hourse [possibly house was meant here?] and a Nerish [an Irish] woman Rood me up that lives at the Estward said he
York Ss. Dec'r 31st. 1725. Nath'l Kene made Oath to the truth of the Above deposi- tion John Spinney being Notified to be present
Before Jos Hammond J: Pac
[The last five papers in the case are depositions taken at or just before the January sitting of the Court of General Sessions of the Peace.]
[17.] Joseph Keen of Full age Testifieth that some Time in the Month of august Last past I being at the house of John Spenney and the sd Spenney and I had some words and the sd Spenney Told me That my Mother was a whitch & that he would make it appear and the sd Spenneys wife Told her husband that she belived he never Thought so
York Ss Jan'ry the 4th 1725-6 Sworn in Court
Attest Charles Frost Cler
[18.] The Deposition of Nathan Spinney and Phebee Shepard of full age Do testefy and say that we these Deponants were att the house of our father Spenney on the 21 of october Last past or there a bout there Being present John Spinney and hester Caine, and the said Hester Caine Began to Sing a Song in Derision of the said John Spinney and asked the said Spinney If it were not true and acted Severall foolish actions which we Judge was to provok him to anger and att Last they fell into a Discourse about Mistris Cains Being a Witch and Hester Caine asked the said Spinney whether he would or Could Say her mother was a Witch and Could prove her so. Said Spinney Replyed he would not say She was a witch or that he would or Could prove her on[e] But he Be- lieved she was a witch and a Damd Eternall witch and Mathew Rice that has Given Evidence Relateing to this Discourse Layd asleep in and upon the Cradle to all outward apperance till the Discourse was over Concerning witch Craft.
Phebee Shepard further saith that John Spinney Bid the Company take notice what he said for he Counted she [Esther Kene, presumably] was for a Spy or a Catch
York Ss. Jan'ry 4th 1725 Sworn in Court
Attest Charles Frost Cler
[19.] The Deposition of John Harmon & Sam'll Remich both of full Age Testifyeth and Saith that Some Time in December last wee being at Mr Harveys at Portsmouth & Paul Wentworth Told us there that he went to Seize Thomas Bothby And if wee had Seen the Tricks that Mistress Kene had play'd Wee Should think as bad of her as John Spinney Did, for She Struck the fire and made it fly all over the house And then her Daughter Bothby began to groan & make a Noyse in the bed and the old Woman Called out and Said you have Scared my Daughter to Death. Then, said Wentworth, not You
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COURT OF GENERAL SESSIONS, 4 JANUARY 1725/26
nor all the Devils in Hell Shall not Scare me out of the house for I'le Tarry hear all Night to Gard Bothby, then Wentworth Said Ile Say No More. And these Deponants Further Saith Not
[Reverse:]
York Ss. Jan'ry 4 1725/6 Sworn in Court
Attest Charles Frost Cler
[20.] The Deposition of Tobias furnull of full age Doth Testefy and say that I this Deponant went to Portsmouth in Company with John Spinney Som time the Last Summer and I stayed there about a quarter of an hour and Returned again and made [a] Litle Stop att James Spinney[s] and from there we went to Mr John Addamses Landing and when we [were] pretty neare the sd Landing I this Deponant Judg'd that I saw a Canno Ly fastned to the shore Lying in and out and I this Deponant asked John Spinney whether there was not a Cannoe tyed or fastned to the Shore. John Spinney Replyed we shall see. By and By when we Come up to her I heard John Spinney Strik in the Watter and see him Pluck in his oare againe and I this Deponant asked the said John Spinney what he struck att. Said Spinney Replyed att Mother Kene or the Devil and we See no Cannoe Butt that we were in affterwards
[Reverse:]
York Ss. Jan'ry 4 1725/6 Sworn in Court
Attest Charles Frost Cler
[The last testimony was in the form of a deposition taken in New Hampshire, and sent to the Court by Samuel Penhallow, J.P. in that Province.]
[21.]
[On the outer fold:] To the Honourable His Maj'ts Jus'ts of General Quarter Sessions of the Peace &c at York
[Within:]
Prov: of New hampshire
The Deposition of Peter Mow [?] of full age testifyeth, that on or about 12 months Since, as he was coming Nere Sarah Canes hous of Kittery, he heard a loud noise, as if Several together were in a frollick, upon which he moved Softly, and about two minutes after, he saw the said Sarah Cane alone, and then the noise ceas'd, Upon which he was somewhat startled
Portsm'o Jan'ry 5th 1725/6 Sworn before mee
Sam'll Penhallow Jus p'ce
Martha Rice of fourteen or fifteen years of age, did also testifye upon oath, before mee the subscriber, that sometime in October last, she heard John Spinny of Kittery call Sarah Cane, the Younger,64 a damn'd Witch and at Same time swore by the Name of God, that he would prove her One.
Portsm'o Jan'ry 5th 1725/6
Attest per Sam'll Penhallow Justice p'ce
64 Penhallow may have been confused. Martha Rice was certainly deposing about the events of 21 October, when Esther Kene was at the Spinneys' and heard John Spinney
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PROVINCE AND COURT RECORDS OF MAINE
[Elizabeth Trickey was one of the witnesses in the hearings before Justice Pepperrell on Nov. 10. On that same day the selectmen of Kittery took action to get her out of town as law provided.]
[Y. F. 1724-25, No. 7]
[Seal]
York Ss To the Constable of Kittery within Said County Greeting
You are hereby Required in his Maj'tys name to give Personal Warning to Eliz'a Trickey whoe is Lately come into this Town to Sojourn that She forthwith Depart said Town on penalty of being Sent out as the Law Directs, and make due return under your hand According to Law Dated In Kittery the Tenth Day of
November 1725
Nathan Bartlett Richard Gowell Select Men
John Thompson John Dennet of Kittery
[Reverse:]
The Within named Eliz'a Trickey Sojourned in this Town for the Space of two months or there about before She was Warned to Depart as under written
Kittery November the 10th 1725
Pursuant to the within Warrant to me Directed I have given Personal warning to the within named Eliz'a Trickey that She Should forthwith Depart this Town
Certified by me
Nath'll Fernald Constable of Kittery]
Jacob Perkins was Clear'd of his bonds for his Good behaviour by Proclamation.
[7:96]
Mrs. Mary Prebble Administratrix to the Estate of Abra'm Prebble Esq'r late Treasurer of this County dece'd, Making a motion to this Court that there is some Mistake in the Settlement of the Sd. Treasurers Acco't, Ordered that the Same Committee which exam'nd Sd. acco't before vizt William Pepperrell jun'r & Sam'll Came Esq'rs, Eld'r Joseph Seward, Benj'm Stone & Daniel Simpson Examin It again & make re- port thereon at the Next Sessions in Aprill Next.
William Mogridge being brought to this Court for Steeling a Trap belonging to Nicholas Sewell as per the process on file appears, Its Considered by the Court that the Said William Mogridge received [sic]
accuse her mother. As far as this editor knows, there was no Sarah Kene "the younger." The Rice girl probably gave a statement that did not clearly distinguish between Sarah and Esther. Ambiguities abound in the written depositions of this period and place, with the antecedents of pronouns frequently not at all clear. There is no reason to think that oral testimony was any clearer to the person taking it down, especially if, as here, the writer may not have been very familiar with the principals in the case.
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COURT OF GENERAL SESSIONS, 4 JANUARY 1725/26
five Strips on his Naked back & pay fees of Court 20s6 or pay a fine to the King of 20s & fees as aforesd. Its also Considered that the Sd trap be restor'd to the Sd Nicolas Sewall & that the Sd Mogridge pay to the Sd. Sewall 40s which makes treble damage as the Law directs.
Nathaniel Donnell permitted to keep a publick house of Entertain- ment till the Next Court of General Sessions of the Peace to be holden at York for Sd County.
Andrew Spenney being bound over to this Court by Jos: Hammond Esq'r one of his Maj'tys Justices of the Peace on Suspicion of Steeling a horse from Dodavah Curtis of Kittery as per the process. The Sd An- drew Spenney puting himselfe upon Tryal by a jury Specially appointed & Sworn for that purposs who went out thereon & return'd, their verdict vizt they find the Sd Andrew Spenney not guilty. Its therefore Con- sidered by the Court that the Sd Andrew Spenney be acquited paying Cost of Court £4:4:4 & Stands Committed.
The Names of the jury that tryed the above Case were vizt
James Grant Form'n
Joseph Young
Joseph Holt
Samuel Bragdon jun'r
John Frost
Jacob Perkins
Sam'll Remick
Hezekiah Addams
John Shepard
Benajah Young
Nath'll Donnill
William Gowel
[7:97]
John Marriner being bro't to this Court for Steeling a Trap belong- ing to Jn'o Morrell jun'r of Kittery & being thereof Convicted Its Con- sider'd by the Court that the Sd John Marriner receive five Strips on his Naked back at the post & pay fees of Court 3li: 12:10 or pay a fine to the King of 20s & fees as aforesd. Its also Considered by the Court that the trap be restored to the Sd Morrell & that the Sd Marriner pay to the Sd Morrell 40s, & for Nonpaym't thereof the Sd Jn'o Morrell is hereby Impowered to dispose of the Sd Marriner in Service to any of his Maj'tys Subjects for the Term of four Months.
Henery Miles being bro't to this Court by the Information and Com- plaint of Tho's Herculus Negro for Selling Strong bear or ale without Lycence As per the Compl't on file appears & no evidence appearing Sufficient to Support the Sd Compl't Its Considered by the Court that the Sd. Hen'ry Miles be Acquited paying Cost of Court 42s6 & Stands Committed.
Ordered that three pounds twelve Shillings be paid out of the County Treasury to Mr. Joseph Moodey It being the ballance of his Acc't pre-
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PROVINCE AND COURT RECORDS OF MAINE
sented to this Court for a book purchased by him for the Registring of deeds &ct. for this County as per the Acco't on file Appears.
Ordered that twenty five pounds Eight Shillings be paid out of the County Treasury to Cap'tn Jeremiah Moulton being the ball'ace of his Sheriffs Acco't As per the perticulers in the acco't on file Appears.
Whereas it appearing to this Court by the Affidavit of Manwarin Beal, John Maclucus, Joseph Lowel & Mark Sheppard that John Clark a Souldier under the Command of Coll'o Tho's Westbrook did in a whale boat go a board of a fishing boat of [off] of York harbour & did there very much abuse the Sd Manwerin Beal &ct threatening their lives as per the Sd affidavit on file Appears. Ordered that a process go out of the Clarks office to Apprehend the Said John Clark So that he may be had at the Next Court of General Sessions of the Peace to be holden at York for Sd County to Answer what Shall be alleadg'd against him on his Maj'ts behalfe relateing to the premisses.
[7:98]
Benjamin Johnson, Samuel Staples, William Hill, Sam'll Barto & Benj'm Googe Appeared to this Court to Answer the Information & Complt of Wm Mogridge; before Wm Pepperrell Esq'r one of his Maj'ts Justices of the Peace for Sd County for Assaulting throwing down & beating of the Sd Wm Mogridge; As per the Said Compl't & process; The Complainant not Supporting his Sd Complaint; Its Con- sidered by the Court it be quash'd & that the Said Benj'm Johnson, Sam'll Staples, Wm Hill, Sam'l Barto & Benj'm Googe be Acquited pay- ing Costs of Court thirty Shillings & one penney apeace & Stands Com- mitted. The Sd William Hill by his Master Joseph Bragdon & Samuel Barto by his Master Sam'll Clark Appeals from the above Sentance to the Next Court of Assize & General Goal delivery to be holden at York for Sd. County.
Memorand'm The Said Wm Hill & Joseph Bragdon principals Jacob Perkins & Samuel Black Sureties, Acknowledge themselves to be holden & Stand firmly bound & Obleiged unto our Soveraign Lord the King in the penall Sum of Ten Pounds to be paid to him or his Successors. The Condition of this Recogniz'ce is Such that if the above bounded Wm Hill & Joseph Bragdon Shall Appear At the Next Court of Assize & General Goal Delivery to be holden at York for Sd. County & their to proscicute their Sd. Appeal with Effect & in the Mean time to be of Good behaviour towards his Maj'ts & all his Leige People that their the
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