USA > Maine > York County > Province and court records of Maine > Part 3
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95 Prepared by her father-in-law Lewis Bean, perhaps?
96 Below, pp. 255, 266, 270, 271.
97 Below, pp. 148-149.
98 Below, pp. 149-153.
99 Below, p. 151.
100 Below, p. 162.
xxix
INTRODUCTION
continue. Samuel Hill, who had paid £33:12d for his bastard at the rate of 2s:6d per week, understandably wanted to know how much longer he was expected to pay. The court's decision that he must con- tinue to pay until the total was ££45:10s is, in one case, a definite measure of the legal view of just compensation.101 Most serious were the cases of two black babies whose fathers were not even presented. In one case the mother was whipped 15 stripes,102 in the other the record is incomplete.103
THEFT
When Thomas Dunn was convicted of stealing two bills of credit from James Cutchuck of Berwick, and Moses Goold of receiving and concealing them, they were sentenced to 15 stripes and fees (18s.) or to pay a fine of £3. and fees in addition to treble damage to Cutchuck which amounted to £7:10s. and "each to be disposed by him for 5 months service as the law directs."104 This complex decision rests upon two laws, one providing treble damages in case of theft,105 and another providing: that no person sentenced to make restitution who has not the means to satisfy his obligations, shall be held in prison more than 30 days after judgment unless the creditor will engage to the keeper of the prison to satisfy his expence in keeping the prisoner at a rate not exceeding 3 shillings a week. If the creditor refuses to take such a person in service, the keeper can set him at liberty; if he is unable to pay, any two justices of the same court may enjoyn the prisoner to make satisfaction by service for such reasonable time as they shall assign. The keeper may then dispose of him in service to any of his majesty's subjects.106
A TRAVELING SALESMAN
The severe law against "hawkers, pedlars, and petty chapmen,"107 came into play against William Moore who "did Expose to Sale & Sell Sundry goods and merchandize," in the house of Philip Hubbard of
101 Below, p. 55 (July 4, 1721). Hill's payments began on 6 Oct. 1713. MPCR, V, 138, 140, 178.
102 Below, p. 5.
103 Below, pp. 81, 238.
104 Below, 223-224 (15 April 1726).
105 The original law is 1692-1693, ch. 18, par. 3 in Acts and Resolves, I, 53 (1 Nov. 1692) and amended 1 Dec. 1716, 1716-1717, ch. 14, ibid., II, 59-60. See also the case of Benjamin Barnes, below, pp. 34-35.
106 Ibid., II, 504-505; 1702, ch. 9 (21 Nov. 1702).
107 Acts and Resolves, I, 720-721.
XXX
INTRODUCTION
Berwick, "he not being an Inhabitant of Said Town,"108 just before Christmas, 1721. Moore, reputed to be Irish, brought the goods which he was accused of selling, from Boston to York, thence to Berwick. Moses Hubbard, younger brother of Philip, reported him to Justice Hammond (the informer's reward in this case was £10, half of the fine), who sent Constable Samuel Hodsdon to bring him in. The order to the constable provided for the seizure of Moore's "bagg or pack of goods." Hodsdon, following the line of least resistance, put the "bagg" in charge of Philip Hubbard's brother-in-law, Jacob Redington, who lived in the same house. Being summoned to give evidence against Moore, Redington left the key to the room with his wife, Philip Hub- bard's sister, Elizabeth. On his return home, he found the greater part of the goods to be missing from the pack, as he deposed to the court on 27 December, adding that "there was a Trap door from said room into the Seller open."109 Redington, his wife, and neighbor Mary Davis denied any knowledge of the disappearance of the goods as did also Daniel Stone, whose wife admitted seeing a piece of goods "between the upper and lower bed in said Stones house." John Goodwin, being asked if he knew how the goods got there, said that "he was not to Sware against himselfe."110 Since the finger of guilt pointed to the Stones and Goodwin, they were indicted. The Stones were acquitted on paying costs of court.111 Goodwin did not appear and was bound over to the April sessions. Brought in by writ of scire facias on 3 April 1722, the court accepted his reasons for not appearing (they are not given in the record), and he, too, on paying costs of 38s:6d, was acquitted. Moore, however, having been caught with the goods, so to speak, was fined &20, and fees of £4:12s:2d. If any goods were left, which one doubts, the constable sold them, giving one-third to the King, one- third to the poor of the town of Berwick, one third to Moses Hubbard, the informer (who already had half of the £ 20 fine ) .112
WITCHCRAFT
The widespread impact of the witchcraft trials of 1692 and the con- tinued belief in witchcraft among the credulous, coupled with the ma- lignancy of individual against individual fostered by family squabbles,
108 Below, p. 72.
109 Below, p. 86.
110 Below, pp. 85-86. 111 Below, p. 78.
112 Below, p. 85.
xxxi
INTRODUCTION
is shown by the complaint of Sarah Keene that John Spinney had called her a witch and said that he would prove it.113 Spinney appealed from Justice Pepperrell's judgment against him of a fine of 5s and costs. He must have had legal advice for in his appeal he states that because he had refused to plead to the complaint, Pepperrell should have "past ags't him upon a nihil dixit," and since he did not, the "Case falls to the ground."114 While it is apparent that the justices brushed off the super- stitions of witnesses, the depositions show an underlying credulity on the part of several who gave evidence. Spinney called Mrs. Keene a "damn'd witch," and said that "by god he could prove her one by a dozen witnesses," but it also clear that when faced down he denied the essential charge that he said that "he was rid up from the Eastwards & tyed to Mistress Canes plum trees." One witness stated that in one of Spinney's altercations with Mrs. Keene, she had said that she would ride Spinney down to Col. Pepperrell's, at which Esther Keene took the bridle from her mother and said she would make the head shorter so that it would fit Spinney's head, and ride him herself. Then came a spate of evidence against Sarah Keene, first from a credulous woman who said she had seen Mrs. Keene riding in the moonlight with four- teen other women also on horseback, that twenty years before Sarah Keene had asked her if a person could be a witch and not know it, that she (Sarah Keene) thought she might be one because of a teat or dug which grew under one of her breasts which she showed to the witness. Spinney's appeal was successful; he was acquitted by the court of sessions, he paying costs of 38s:5d.
The fining of James McCartney for calling John Woodman "a Murdering old roge & that he had murdered two wifes & that he was a wizard & had bewitcht Several people" is a case of simple name-calling and slander. The court certainly gave no consideration to the mention of wizardry.115
THE GAOL
Of all the county business dealt with by the Court of Sessions-high- ways, ferries, taverns, obstruction of roads, complaints of dams which
113 Below, pp. 208-216. The persistence in local traditions of this or similar situations is shown by Mary L. Spinney's article, "Witchcraft Days in Long-ago Eliot," Old Eliot, VIII (1908), 139-140.
For more about the Keenes and their disputes with the Spinneys, see Neal Allen, "Nathaniel Kene of Spruce Creek," Old-Time New England, LIII, no. 4 (April-June 1963), 89-101. Sarah, it may be noted, at an earlier time told Mary Rise that "She did not professe no Chrischanity." MPCR, V, 132.
114 Below, p. 211.
115 Below, p. 192.
xxxii
INTRODUCTION
overflowed meadows, the salaries of the clergy-perhaps the most in- teresting entries in these records are those which mention the gaol at York. At the court of 6 January 1718/19, Sheriff John Leighton re- peated the complaint of earlier years that the existing prison was "insufficient" and asked that it be repaired.116 No action having been taken by 6 October 1719, the clerk then recorded that the sheriff "Con- tinues his Complaint against the County Goal it being yet insuffi- cient."117 Being thus reminded, the court ordered, presumably after discussion of location and size, "that a prison of thirty foot long, Eighteen foot wide & eight foot wall be built with Stone or brick in the Town of York & Sufficiently Covered with Timber as to be finished at or before the Last day of June next At the charge of the County. That the Old prison118 & the Land it Stands on Shall be disposed of & a piece of land purchased near the meeting house in said York to build the new prison upon. And That Abram. Preble & Lewis Bane Esquires & Cap- tain John Leighton be a Committee with full power to Accomplish the Same & that they keep a Just account of their proceedings therein & lay it before this Court for Allowance."119 There is no record that this committee presented any "account of their proceedings" to the Court of Sessions during the period covered by this volume. The sheriff's ac- counts for the year, 7 April 1719 to 8 April 1720, contain prison ref- erences only to the keeper's salary.120 For the following year the ac- counts are lacking, but £20:12s was paid to Sheriff Leighton "being the balance of his Sheriff's account."121 For 1721 to 1722, the salary of the prison keeper is all that appears concerning the gaol.122 A year later, 2 April 1723, the Court authorized the payment of £17:11s as the balance of the sheriff's account.123 There is no entry of sheriff's accounts in April 1724. Meanwhile Captain Leighton again on 2 October 1722 "Protested in Court against the county Goal as being Insufficient &
116 Below, p. 7. This was in spite of the expenditures to John Kingsbury of York of £1:10s for iron on 21 February 1717/18, and again for work, £2:3s:6d, in July 1718. Below, p. 23.
117 Below, p. 25.
118 This was presumably the prison 24 feet by 16 feet built by Peter Nowel and Francis Raines in 1707 at a cost of £22 which, when built, had no chimney. MPCR, IV, 335, 336, 342, 381.
119 Below, p. 27. Preble was County Treasurer.
120 Below, p. 36.
121 Below, p. 51.
122 Below, pp. 82-83.
123 Below, p. 130.
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INTRODUCTION
Desired the Court to take order thereabouts."124 This could mean either that the new gaol had not been finished or that it had not yet been built. Lewis Bean died on 25 June 1721, Treasurer Abraham Preble on 14 March 1723/4, and Sheriff John Leighton on 10 November 1724. In spite of the fact that all members of the committee to build a new gaol had died, there is no record of a new committee being appointed. In the settlement of Sheriff Leighton's accounts after his death, there is no mention of prison expenses.125 Nor is there mention of the prison in the regular accounts of the new sheriff, Captain Jeremiah Moulton.126 He presented a bill for 9s:8d for mending the prison lock, providing a new key and "Speaks" after the escape of Thomas Edgley of Greenland from the gaol on the night of March 1726/7.127
Other references to the gaol are beyond the scope of this volume. In 1735 a yard with boards was ordered, in 1736 Joseph Young, the jailer, received £ 5 for digging a cellar. In 1737 the court ordered an addition with a cellar to be attached to the existing building. In 1763, extensive repairs were made totalling £300 in expense. In 1792, the gaol was described as having only two rooms-the stone room, and the adjacent wooden room with a cellar beneath.128
It seems probable that between 1720 and 1723, the structure pro- posed in 1719 was erected. The essential records-the accounts-are missing. The present gaol meets the requirements of dimension, and it is near the meetinghouse as ordered in 1719. Though no record of the purchase of land by the county at this time has been found, the present gaol is on land originally owned by the parish. It is obvious that the old gaol at York needs thorough study by a competent architectural historian.
ROBERT E. MOODY
January 11, 1974
124 Below, p. 113.
125 Below, p. 194 (6 July 1725).
126 Below, pp. 218, 247.
127 Below, pp. 250, 272. And see p. 234 for his expense in connection with the execu- tion of Joseph Quason.
128 George Ernst, New England Miniature, A History of York, Maine, Freeport, Maine, 1961, pp. 151-153.
York County Court Records
THE RECORDS OF THE COURT OF GENERAL SESSIONS OF THE PEACE
From January, 1718-19 through October, 1727 and including
selected papers from the files in the office of the Clerk of Courts for York County, Maine, and from the office of the Clerk of the Supreme Judicial Court, Suffolk County, Massachusetts
YORK COURT RECORDS, VOLUME VII, PAGES 1-142 OF THE RECORDS OF THE COURT OF GENERAL SESSIONS OF THE PEACE
[YORK COUNTY COURT RECORDS: The Court of General Sessions of the Peace, from January, 1718-19 through October, 1727
T THE original volume from which these records have been transcribed is doubtless that "book for Court records" which Joseph Hammond listed in the statement of expenditures for the County of York in the year 1718. (Below, p. 36.) The volume was bound in new boards early in this cen- tury; in its original state it probably measured approximately ten inches by fifteen inches, for two old parchment covers, trimmed and mounted inside the modern binding, are slightly under those dimensions. The pages are in excellent condition. They are very little worn, and are approximately nine inches by fourteen inches in size.
The clerks who served during the period used the same book for record- ing the business of both of the county courts: the Inferior Court of Com- mon Pleas and the Court of General Sessions of the Peace. On the third page preceding the records of the former court is the notation:
"A Book for Court Records Began October 14th: 1718 J: Hammond Cler
At This End of the Book are Recorded the Proceedings in the Inferior Court of Comon Pleas, And at the other End the Pro- ceedings in the Court of General Sessions of the peace"
Thus, they did not enter the record of the two courts in succession, from front to back, but met the problem posed by the use of one volume for two sets of records by starting the entries of each court at opposite ends of the book, turning it "upside down" and numbering from each end to the mid- dle. In a sense, therefore, there was originally no "front" to the book, al- though in the present binding the records of the Court of General Sessions of the Peace come first. Because of the duplication of page numbers which this method of recording brought about, it is necessary to indicate which one of the two sets of records is being referred to, when citing from the volume.
Preceding the entries for each court is an index of names, probably com- piled by the clerk who was officiating when the book was filled up. For this volume the compiler would be Charles Frost, Jr. The index for the records of the Court of Sessions of the Peace takes up two pages. These were not
3
4
PROVINCE AND COURT RECORDS OF MAINE
numbered. On a blank sheet two pages in front of this index appears, pasted to the sheet, a small slip of paper bearing the following notation:
"Attendance of Jurymen
York: Jurymen
1 day Each Court
Kittery Ditto
2 days
Wells Ditto
2 days
Barwick Ditto 2 days
Arrundel Ditto
3 days
Biddiford Ditto
3 days
Falmouth Ditto
4 days
Scarborough Ditto
3 days"
This memorandum appears to be in the hand of William Pepperrell, Jr., who was clerk from January, 1720-1721, to the end of 1724. It was doubt- less a reminder for computing jurors' pay, based on the number of days of service, including travel.1
Following the second page of the index of names is a blank page, ruled in columns in anticipation of a continuation of the index. The entry for the first court, that of 6 January 1718-1719, begins at the top of the next page. Hammond began his numbering at this point; the entries follow in a com- pletely regular manner, with no gaps or skipped pages. The clerk neglected to number the fourth and fifth pages, which are here designated 3a and 3b, respectively.
In addition to the records of the sittings of the court as contained in the original volume, the present edition includes transcriptions of selected papers from the York County files, and from the judgment books and file papers of the Superior Court of Judicature, Court of Assize and General Gaol Delivery. The method used in citing these additional materials has been described above.]
[7:1] ANNO REGNI REGIS GEORGII QUINTO
At a Court of General Sessions of the peace holden for & within the County of York at York January the 6th 1718, [19]
Present John Wheelwright, Wm Pepperrell, Charles Frost,
1 An act, 1694-95 Province Laws ch. 24, set the allowance for each grand juror at two shillings per diem. (1 Mass. Acts & Resolves 194). This was amended in 1719, when the allowance was increased by one shilling; the reason given in the preamble was "the great price of provisions and other necessarys." (1719-20 Province Laws ch. 13. 2 Mass. Acts & Resolves 156.)
5
COURT OF GENERAL SESSIONS, 6 JANUARY 1718
Abram Preble, Jos Hammond & Lewis Bane Esquires, Jus- tices for sd County
The Grand Inquest are as followeth vizt
Imprimis Jonathan Littlefield, Foreman
Timothy Waymouth
Benj'a Hatch
Benj'a Stone
John Staple
Zachariah Goodale
Joseph Young
Thomas Rice
James Frost
Micum Mackintire
George Berry
Job Emery
George Stover
Elizabeth Bly Appearing to Answer her presentment for haveing a Negro Bastard Child & being thereof Convict, Its Considered by the Court that She recieve fifteen Stripes on her Naked back at the post & pay fees of Court 11s: 6d. & Stand Comitted
John Look Appearing to Answer his presentment for Not frequent- ing the Publick worship of God & being thereof Convict But giveing reason why he So neglected & promissing reformation, Its Considered by the Court that he be Admonished & pay fees of Court 7s & to Stand Comitted
Thomas Gubtale Appearing to Answer his presentment for not fre- quenting the publick worship of God & being thereof Convict But give- ing Some reasons why he So Neglected & promissing reformation, Its Considered by the Court that he be Admonished & pay fees of Court 7s & to Stand Comitted
Abram. Lord & Margaret his wife Appearing to Answer their pre- sentment for fornication, & Owning the fact, Its Considered by the Court that they Recieve Ten Stripes A piece on their Naked backs at the post & pay fees of Court 7s a piece or to pay a fine to the King of thirty Shillings a piece & fees as aforesd, & to Stand Comitted
William Grant Junior Appearing to Answer his presentment for fornication & owning the fact, Its Considered by the Court that he re- cieve Ten Stripes on his Naked Back at the post & pay fees of Court 7s or to pay a fine of thirty Shillings to the King & fees as aforesd & to Stand Comitted
[7: 2]
Joseph Woodsom Appearing to Answer his presentment for Cursing & owning the fact, Its Considered that he pay a fine of five Shillings for the use of the poor of the town of Berwick & fees of Court 7s & to Stand Comitted
Daniel Grant Appearing to Answer his Severall Presentments for
6
PROVINCE AND COURT RECORDS OF MAINE
not frequenting the Publick worship of God, Vizt in April & July last & at this Court and for his Contempt as per the process is Set forth & being thereof Convict, Its Considered by the Court that he pay a fine of three pounds to the use of the poor of the town of Berwick & fees of Court 15s. And for his repeated Contempt of Authority to pay a fine to the King of Ten Shillings & to Stand Comitted
Whereas Rich'd Hazely of Kittery At the Last Court of Generall Sessions of the peace holden for this County on the first Tuesday in October Last presented his Petition & Complaint Seting forth that Jo- seph Roberts & Thomas Cox Both of the Town of Boston Caulkers Some time Since did Indent with him to Caulk five Saile of Vessells At Piscattaqua &ct, But the sd Indenture on the one part which was in the sd Hazelys hands was fraudulently Obtained from him & the other part which was [illeg.] in the hand of Wm Pepperrell Esquire one of his Majestys Justices of the peace for sd County was Counterfieted & Al- tered in Severall parts & parragraphs as per sd Petition & Compl't on File, The sd Hazely Entring into Recognizance to Proscicute sd Rob- erts & Cox for the Same, upon which a process Issued forth against sd Roberts & Cox for their Appearence at this Court to Answer the Same.2 The sd Hazely, Roberts & Cox Appearing and the sd Indenture Being Produced Together with the Evidences, & all things relateing to the Same and the pleas on both sides being heard in the presence of the Grand Jury who went out thereon & returned their Verdict Vizt, they find the sd Indenture or Instrument to be Altered Since the first writing thereof But Canot find the sd Roberts & Cox to be Guilty. Its therefore Considered by the Court that the sd Rich'd Hazely Pay Costs of Court 1 lb: 7s: 6d: & to Stand Comitted till paid.
Peter Mathews Appearing to Answer his Two Several presentments for not frequenting the Publick worship of God & being thereof Con- vict, Its Considered by the Court that he Sit in the Stocks an hour & halfe he being unable to pay his fine & that he pay fees of Court 9s 6d. & to Stand Comitted
Hopewell Weare & Lydia his wife Appearing to Answer their pre- sentment for fornication & owned the fact, Its Considered by the Court that they recieve Ten Stripes a piece on their Naked backs at the post & pay fees of Court 6s a piece, or pay a fine of thirty Shillings apiece to the King & fees as aforesd & to Stand Comitted
2 Papers in this case will be found in Prov. and Court Records, V, 211-214.
7
COURT OF GENERAL SESSIONS, 6 JANUARY 1718
[7:3]
Moses Hanscom of Kittery Presenting his Petition to this Court Set- ting forth that he has for Sundry years last past for the most part Main- tained & Suported his Antient Mother Anne Tobey of sd Kittery with- out any Assistance from those Improveing his fathers Estate, Praying for relief therein and that those nearly related may Assist in the Main- tainance of his sd Mother3 & that he may have Some Allowance for the time past etc, Its Considered by the Court that Job Hanscom the Son & Thomas Hanscom the Grandson of the sd Anne Tobey be Serv'd with a Coppy of sd Petition & that they be Notifyed to Appear at the Next Court of General Sessions of the peace to be holden at York for sd County to Shew Cause if any they have why the Prayer of the sd Petition Should not be granted
Ordered that Eight pounds & Two Shillings be Allow'd & paid out of the County Treasury to John Wheelwright & Charles Frost Esquires & Mr John Sayward for their Service Nine days Examining the List of the Several Towns by order of the General Court
Mrs Alice Donnell her Licence Continued till July next
Captn John Leighton Sheriff of the County of York Informs this Court the Prison is Insufficient & desires it may be repaired4
Presentments Agreed upon by the Grand Jury at this Court are as follows vizt
We present Hopewell Weare & Lydia Young now the ) wife of sd Weare for Comitting Fornication
Answer'd
We Present Peter Mathews for not frequenting the Pub- lick Worship of God
Answer'd
We Present John Davis for not frequenting the Publick worship of God
We Present the Town of Berwick for not haveing a Schoolmaster
We Present Wm Grant for not frequenting the Publick Worship of God
We Present Daniel Grant for not frequenting the Publick Worship of God
Answer'd
3 Cf. the basic poor law of the province, 1692-1693 Province Laws, ch. 28, sec. 9. 1 Acts and Resolves, 67-68.
4 See Introduction, supra, xxxii.
8
PROVINCE AND COURT RECORDS OF MAINE
We Present Nath'l Kene for not frequenting the Publick Worship of God
We Present Thomas Dearing for not frequenting the Publick worship of God.
JONATHAN LITTLEFIELD Foreman
ANNO REGNI REGIS GEORGII QUINTO
At a Court of General Sessions of the peace holden for & within the County of york at york Aprill the 7th 1719. Pres- ent John Wheelwright, [a name lined out], Wm Pepperrell, Charles Frost & Abram. Preble & Jos Hammond Esquires
The Names of the Grand Inquest are as followeth vizt
Jonathan Littlefield, foreman
Tim'o. Waymouth
Benja Hatch
Benj'a Stone
John Staple
Zachariah Goodale
Joseph Young
Thomas Rice
James Frost
Micum Mackintire
George Berry
Job: Emery
George Stover
[The next two pages are unnumbered in the original, and are here desig- nated 3a and 3b.]
[7:3a]
The Grand Inquest for the year Ensueing being Sworn are as fol- loweth
Joseph Moulton Foreman
Daniel Paul
Daniel Junkins
Sam'l Lord
John Wittum
Eliakim Wardell
John Wells
Daniel Jones
Joseph Bragdon
George Butland
Samuel Ford
Samuel Savery
George Jacobs
Nath'l Kene Appearing to Answer his presentm't for not Attending the Public worship of God, he produceing Evidence that he had at- tended as often as he Could by reason of his age &ca, Its Considered by the Court that he be Acquitted paying fees of Court Seven Shillings
Thomas Dearing Appearing to Answer his presentm't for not At- tending the Publick worship of God, & being thereof Convict, Its Con- sidered by the Court that he pay a fine of Twenty Shillings to the use of the poor of the Town of Kittery & fees of Court. 7s
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