USA > Maine > York County > Province and court records of Maine > Part 7
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John Parsons appearing to answer his presentment for cursing & being convict'd, Its considered that he pay a fine to the Use of the poor of the Town of York of five Shillings & Fees of Court Seven Shillings- and Stands Comitt'd.
[7:23]
Robert Bryant being committed to prison by Wm Pepperrell Esq'r. one of his majstys Justices of the peace for sd. county of York he re- fuseing baile for his appeareance at this Court as appears per record & Process for Stealeing: Vizt. he being convict'd, Its considered that he recieve Ten Stripes on his Naked back at the post & pay Fees of court 35s8 Or pay a fine to the King of [one word stricken] forty Shillings and Fees as afores'd & Stands comitted.
Memor'dm. he recev'd the Ten Strips
John Treworgie appearing to Answer for that he is Accused to be the father of a bastard Child Vizt. as per the process, its considered by the Court that he be comitt'd untell he give bail to the Value of fifety pounds at the Next Sessions and to perform what shall be by The Court (be) awarded ag'st him & not to Depart without Liberty from said Court.
John Treworgie principal & John Smith & Paul Williams Suretys Acknowledge them Selfes to be holden & Stand firmly bound & Obliged Joyntly & Severally in the penal Sum of fifety pounds, for his the Said John Treworgie's appearance at the Next Court of Gen'l Sessions of the peace [to be holden at York for said county of york interlined] and to abide the order of Said Court.
John Wherrins wife appearing to answer her presentm't for not frequenting the Publick worship of god, its considered that she pay a fine of 20s to the Use of the poor of the Town of Kittery & pay Fees of Court 7s and Stands comitt'd; upon her humble Pertition and promiss of reformation for the fut'r it is Considered by the Court that She be admonished & pay fees of Court 7s and be Acquitted.
Sarah Reed the wife of John Reed appearing to answer her pre- sentm't for not frequenting the Public worship of god, She makeing an Excuse Acceptable to the Court by her Said husband: and Certifyed by her Nightbors She was not able to frequent the Publick worship of
44
PROVINCE AND COURT RECORDS OF MAINE
god Its considered by the Said Court that She be acquited Paying fees of Court: 7s
[Y. F. 1725-26, No. 4]
[To the Honourable Court of Generall Sessions of the peace assembled att york for the County of york the first Tusday in January Instant, John Read presents his humble petition to this Honourable Court Most Humble Shewing that for as much your honors poor petitioners wife is summoned to appear Before the honourable Court to answer a presentment Exhibited against her for not attending the publik Worship of God on the Lords Day, your Honors poore Petitioner humble shews that his wife is a very Lame Sickly and weak woman and uncapable of traviling and also mean in our Estate and wanting Convenant apparrel for her appearing in publike and Do therefore humble pray that your honors would Be pleased to pass by her offense as it is Laid against her and If if please god that She Continue untill Summer and is in any measur in health and able in body she will attend the publik worship of god as oft as She Can an Rest [illeg.] your Honours In all obedience to Serve
[Reverse:]
John Read
To the Honourable Court of Generall Sessions of the peace assembled att york may it please your honours wee the subscribers are very senceable that your petitioner has Given Your honors a true Character of his wives State and Condition that she is in and has bin so for many years past unto the truth of which we subscrib our names
Gowin Wilson John Ingersoll Georg Frink Ebenezer Moore]
[7:24]
Seaveral of The Inhabi'ts of the Town of Kittery Made Complaint to this Court. That the high way runing between Benj'a Hamonds land and Joseph Willsons land & So to the counterey rode That Leadeth to York according to the record produced in Court: That it is Incombered by Fences. Ordered the Servay'r of high ways for the Town Of Kittery be Direct'd that the said Incumbrances be Removed.
Nathan Knight had Licence granted him by this Court to Keep a Ferry Over black point river dureing The Courts pleasure: & that he Keep a boat Conveniant for passage of men & horses, and that the fare or price be: 5d for a man & 10d for a horse & no more; It being the Ferry that was formerly grant'd dureing the Courts pleasure to James Fly
Ordered that Joseph Hamond Esq'r be abated out of the Last parrish rate committ'd to Thomas Furnald to collect on the. 23d. of Aug'st. 1720 in the upper parrish of Kittery: 16s3. and out of the Last Province rate: 2s6 being so much Set in the List of Said rates for Faculty
Whereas Mr. Rich'd Cutts, Capt. William Pepperrell & Mr. Stephen Eastwicke were appoint'd per the Last Sessions to Examin the Acco'ts
45
COURT OF GENERAL SESSIONS, 3 JANUARY 1720/21
of the Sellect'm [and] Constables: Vizt In the Upper parrish In Kittery and report to this Court what money is Arrears to Mr Rogers as per the ord'r of Last Court, Who report that Seventy Six Pounds Nine Shillings & Seven pence is in Arrears to Mr. Rogers to Satisfy his Sallary to the 29th of Septr. Last: and whereas this Court is Informed that The Selectmen have comitted a rate to the Constable of Eighty Six pounds for Mr Rogers his Sallary begining the 29th. of march Last for one yeare thence forw'd. Ordered that the Sum of Thirty three pounds 9s7 be forthw'th assessed on the Inhabitants of sd Parrish as the Law di- rects: and that Capt. Elisha Plaisted, Mr. Humphary Chadborn & James Grant all of Barwick be assessors for that Purpose, The money to be paid into Capt. Nicho. Shapleigh for the Use of the minister at or before the Last day of May Next to be in [7:25] Full for the Ministers Sallary to the 29th. of March Last:
Memorand'm.
That Those Assessers affter they are Sworn & made the List they apply to two of the Justices of this County, Quorum Unus, for a warr't direct'd to the Const'a as the Law Directs
There being a Pertition present'd to this Court Signed by Sundry of the Inhabitants of Kittery: relateing to a Ferry athorte Sprouce Creek that was formerly granted to John Frost Esq'r. ordered that the Said Pertitioners be Direct'd to bring a copey of the grant of sd. Ferry to sd. Frost at the Next Court of Gen'l Sessions of the peace to be holden at york for said county of York; and that the sd. John Frost Esqr. be Served with a copey of sd. Pertition
Presentm'ts made by the grand Inquest are as followeth: Vizt.
We present Elliz'a Follot now the wife of John Dolly [of Kittery interlined.] for Fornication
We present Persiler Weeks [of Kittery interlined.] for Fornication
We present Stephen Feald of Kittery for Profaine Swareing
We present Sam'll Green of Kittery for drinking to Excess
We present Sarah Bragdon of York for Fornication
We present Rich'd Morgen & his wife of Cape porpess for not fre- quenting the Publick worship of God.
NICHO. COLE Foreman
Ordered that a process goo out to the Sheriff of This county for Leaveing [sic: levying?] of the cost on Joseph Moulton, w'ch was ordered by the Sessions in Octob'r. 1719: Courts for him to pay the
46
PROVINCE AND COURT RECORDS OF MAINE
Sheriff & Jury: £ 5= 6 = 6: for Appriseing the Damage don on Mary Plaisteds Marsh in York: as per sd record: Appears
ANNO REGNI REGIS GEORGII SEPTIMO
At a Court of Gen'l Sessions of the peace holden at York for & within the county of York April: 4th: 1721:
Present John Wheelwright, Abraham Preble, Joseph Hammond & John Gray Esqu'rs
The Inquest Are as followeth Vizt.
Imprimis Nicho. Cole foreman
Ebenezer Dennet
Depend'ce Littlefield Rich'd Rogers
Jo's Sweat
Sam'l Skilling
Allexsand'r Junkings
Sylvanus Wintworth
Dominicus Jordan
Benj'a Major
Abiel Goodin
Jer'a Moulton
William Gowel
Gabriel Hambleton
Benj'a Halley
Malachi Edwards
[7:26]
The Grand Inquest for the Year Insueing being Sworn were as fol- loweth, Vizt:
Imprimis Daniel Simpson Foreman
Capt. Sam'll Wheelwright
Benja. Gold
John Sharpe
James Samson
David Libby jun'r.
Micum Mackentier
Joseph Gellison
Jacob Remich jun'r
Andrew Grover
Daniel Emery jun'r
Dodivah Curtis
Javes [Jarvis?] Doreman
Mary Hutchings the wife of Benj'a Hutchings Appearing to Answer her presentm't for fornication She owning the fact, Its considered by the court that She recieve Ten Stripes on her naked back at the post & pay fees of court: 12s. Or pay a fine to the King of thirty Shillings & fees as aforesaid and Stands committ'd.
Mary Bragdon appearing to Answer her presentm't for haveing a bastard Child She owning the fact, Made Oath that Francis Littlefield of Wells was the father of sd. Child: Its considered by the Court that She recieve Ten Strips on her nak'd back at the post & pay fees of court 8s. Or pay a fine to the King of Thirty Shillings & fees as aforesd. & stands committ'd. Ordered that Francis Littlefield be sumoned to July Court Next to answer to the above Information made by sd. Mary Bragdon for begeting of her w'th child
Abel Hambleton appearing to answer his presentm't for not Attend- ing the Public worship of god: he makeing Excuse Acceptable to this court: Its considered by the court that he be Acquit'd paying Fees of Court: 7s & Stands committ'd.
47
COURT OF GENERAL SESSIONS, 4 APRIL 1721
Hanah Gellison appearing to answer her presentm't for not Attend- ing the Public worship of god. Its considered by the court that She be Admonished: & pay fees of court: 7s and Stands committ'd.
Thomas Hutchings being bound over to this court by recognezance for being the reputed father of a bastard child begotten on the body of Mariba Hutchings She continueing contant in sd. accusation in court face to face, also Grace Lewis who did the Office of a midwife and did Examin sd. Mariba Hutchings in the Time of her Travell Maketh Oath that She did Accuse Sd. Hutchings & no other man, also the sd Maribe Hutchings made Oath before Wm. Pepperrell Esq'r that the sd Thomas Hutchings was the father of her sd child: the sd. Thomas Hutchings being present when sd. Oath was made. Its Therefore considered by the court that the said Thomas Hutchings pay to the sd Mariba Hutchins Two Shillings & Six pence per week from the birth of sd child dureing this courts Pleasure & that he give good Security to Perform the Same according to law and to pay charges and Fees of court: 15s6: and to Stand Committ'd untel all don
[7:27]
Memorandum
Thomas Hutchings Principel & Joseph Willson & Wheathers [With- ers] Berry Suretys all of Kittery in said County Acknowledge them Selfes to be holden & Stand firmly bound & Oblig'd Joyntly & Severally in the penal Sum of fifety pounds Lawfull money; That the Said Thomas Hutchings Shall in Every particular comply & perform the Aforesd Order of court relateing to Meribe Hutchins
Hannah Stanford appearing to answer her presentment for Fornica- tion; Its considered by the court that She recieve ten Strips on her naked back at the post & pay fees of court: 8s. Or pay a fine to the King of thirty Shillings & fees as aforesaid and Stands committed.
Joanna Engerson appearing to answer her presentm't for Fornica- tion She owning the fact, Its considered by the court That She recieve Seven Strips on her naked back att the post and pay Fees of court: 8s. or pay a fine to the King of Twinty Shillings & fees of court as aforesd, & Stands committed. The sd Joanna Engerson made Oath in court that Andrew Poore was the Father of sd Child lately born of her body. Ordered that a process goo out for the Apprehending the Sd Andrew Poore
Stephen Feald appearing to answer his presentm't for Profaine Swareing: Its considered by the court that he be Admonish'd & pay Fees of court: 7s: & Stands committ'ed
48
PROVINCE AND COURT RECORDS OF MAINE
Sam'l Green appeareing to answer his presentm't for drinking to Excess: Its considered by the court that he be Admonish'd and pay Fees of court: 7s. & Stands committ'd
Rich'd Morgen appearing to answer his presentm't for not attending the Publick worship of god: Its considered by the Court that he be Admonished & pay fees of court: 7s. & Stands committ'd And whereas the sd Rich'd Morgens wife Abegel Morgen was present'd to this court for not Attending the publick [worship] of god She Liveing a great distance from this court: Its consider'd by the court that She Answer her sd presentm't before John Wheelwright Esq.
James Hall a mollatto being bound over to this court by William Pepperrell Esq'r. for Strikeing of Bartho: Frost, he Owning the fact: Its consider'ed by the court that he recieve ten Strips on his Naked back at the post Severely Lay'd on: and to Pay Charges and Fees of Court: 52s3 and Stands Commit'd
Nich'o Gowen being Sumoned to appear before this court to give in his reasons why he refused to make Oath to his Office whereunto he was chosen constable of Kittery: Its considered by the court that the reasons he has given be Sufficient to Discharge him from said Office & that he be excused in searving in Said Office
[7:28]
Pearce Shortweells being bound over to this Court by John Pen- hallow Esqr. for forging a note or bill as by complaint of John Comillard as per the record & process Appears. Its Considered by the Court that he give baile for his appear'ce At the Next Court of Assize & Gen'l. Goal delivery to be holden for this county & stands committ'd till he geett baile for his Appearence as Aforesaid-and that the sd John Comillard give baile for his Prosecuteing the same
Memorand'm. John Comillard Principel & John Kingsbery and Thomas Newman Suretys Acknowledge them Selfes to be holden & Stand firmly bound & Oblig'd Joyntly & Severally in the penall Sum of fifty Pounds to be paid to our Soveraign Lord the King his heirs or Successors If the Said John Comillard Shall make default in his Prosecuteing as above Said Taken in Court as Attest
WM. PEPPERRELL Cler:
Pearce Shortweell being bound over to this court by Lewis Baine
49
COURT OF GENERAL SESSIONS, 4 APRIL 1721
Esq'r. for wilfull Perjury &ca as by complaint of Thomas Newman18 as per the record & Process Appears, Its Considered by the Court that he give baile for his Appearence at the Next court of Assize & Gen'l Goal Delivery to be holden for this county & Stands commit'd till he geett baile for his Appeare'ce as aforesd. - And that the sd Thomas Newman give baile for his Prosecuteing the Same.
Memorand'm. Thomas Newman Principel & John Kingsbery & John Comillard Suretys Acknowledge them Selfes to be holden & Stand firmly bound & Oblig'd Joyntly & Severally in the penall sum of Fifty Pounds to be paid to our Soveraign Lord the King his heirs or Succes- sors if the Sd Thomas Newman shall make default in his Prosecuteing as above said.
Taken in Court as Attest
WM. PEPPERRELL Cler
[Superior Court of Judicature, Court of Assize (etc.) held at York 10 May 1721. Sewall, CJ, Dudley, Quincy JJ Fol. 6, verso]
[Shortwells Trial and Sentence
The jurors of our Sovereign Lord the King upon their Oath present Pierce Shortwell of George Town within the County of York, Joyner, For that he the sd Pierce Shortwell at George Town aforesdid on or about the first day of December 1719 deceitfully wickedly and fraudulently caused or procured a certain Note or writing to be drawn or wrote whereby the name of John Comilard was forged and Counterfieted and thereto falsely affixed, which sd Note or writing was in the words following vizt.
George Town December 1st.
Mr. George Minott, Please to pay the Sum of Two pounds to Mr. Pearce Shortwell (meaning the sd Shortwell) and charge it to the Account of Sir, Your Servant, John Comilard
By means whereof the said Pierce Shortwell at Boston within the County of Suffolk on the 23d day of the same Month of December then and there received the contents of the sd Note or writing, which sd note or writing and the name thereto affixed he the sd Pierce Shortwell at the time and place first above recited knowingly, wittingly and will- ingly caused and procured to be forged, devised and counterfieted in imitation and as the proper hand writing of the said John Comilard, without the said Comilards knowl- edge, privity or Consent contrary to the peace of Our Sovereign Lord the King and the Laws in such Cases made and provided. Upon which Indictment the sd Pierce Shortwell was arraigned and upon his Arraignment pleaded Not Guilty, and for trial put himself on the Countrey. The Jury whereof Johnson Harmon [Fol. 7] Is Foreman being Sworne
18 Newman brought a civil action of trespass and ejectment against Shortwell at the same time; the verdict was for the defendant, and Newman appealed. York Court Records, VII (Inferior Court of Common Pleas). For Thomas Newman's other prob- lems, see infra, 83-85, 103-109.
50
PROVINCE AND COURT RECORDS OF MAINE
to try the Issue, after the Evidences for the King and the Prisoner's Defence had been fully heard, went out to Consider thereof and returned their Verdict therein upon Oath, That is to Say, That the Said Pierce Shortwell is Guilty of Counterfieting the Note mentioned in the Indictm't.
It's Therefore Considered and Ordered by the Court That the said Pierce Shortwell Shall pay a Fine of Twenty Shillings to the King and Costs of Prosecution Standing Committed until the Sentence be performed]
[Records Superior Court of Judicature, Court of Assize and General Gaol Delivery, 1721-1725, fols. 6, 7.]
Ordered That Thomas Butler & James Frost be Sumoned to July court Next to give in their reasons if any they have why they refused to make Oath to there Office wheretoo they were chosen constables of the Town of Berwick: as Likewise William Chadbourne to give in his reason why he refus'd to make Oath to his Office being chosen a Col- lect'r. of the Afforesaid Town
John Treworgie being bound Over to this court by Recogni'ce for being the reputed father of a Bastard child begotten on the body of Dorcas Gowen no person appearing against the sd. John Treworgie; Its considered by the court he be Cleared of his bond: by proclamation.
Mariba Hutchings appearing to answer her presentm't for haveing a bastard child She Owning the fact made Oath that Thomas Hutchings of Kittery was the father of said Child: Its [7:29] Considered by the Court: That She recieve Ten Strips on her Naked back at the post & pay fees of court: 7s. Or pay a fine to the King of Thirty Shillings & Fees as afore sd. & Stands committ'd.
Whereas This court being Inform'd that Dorcas Gowen has had of Late a bastard child born of her body-Ordered that an Officer be direct'd to bring her to the Next July court to answer to the Afforesaid Information
Whereas In January court Last their was an order past vizt. That the Sum of Thirty three pounds Nine Shillings and Seven pence be forthwith Assess'd on the Inhabitants of the upper parrish of Kittery as the law directs19 and that Capt. Elisha Plaisted, Mr. Humphery Chad- born & Mr. James Grant all of Berwick be Assessors for that perposs the mony to be paid into Capt. Nicho. Shapleigh for the Use of their present minister the rever'd Mr. John Rogers at or before the Last of may Next to be in full for the ministers Sallery to the 29th. of March Last-Now it appearing to this court that the afforesd Assessors have refused & Neglect'd to make a rate to raise said Money-Ordered that
19 Cf. 1692-93 Province Laws ch. 26, An Act for the Settlement of Ministers and Schoolmasters. 1 Acts and Resolves 62-63.
51
COURT OF GENERAL SESSIONS, 4 APRIL 1721
Mr. John Adams, Nicho. Weeks and Capt. William Pepperrell be New Assessors Chosen for that Purposs & that they forthwith proceed to make sd. rate as per the afforesd. order.
Memorand'm. These Assessors Affter they are sworn & made the List they Apply to two of the Justices of this county Quorum Unus for a warr't direct'd to the contable as the Law directs.
Abraham Preble Esqr. Chosen county Treasurer & Sworn in Court
Abraham Preble Esqr. Chosen Register of Deeds &c for this county & Sworn in Court & bond given as the Law directs for the Faithfull dis- charge of his Trust.
Upon reading of Rich'd Kings Petition wherein he desires Liberty to Set up two gates in the high way Neare Gowels bridge As is Set forth in Sd. Pertition, Ordered that the Prayer be granted Dureing the Courts pleasure
Upon reading of a Petition of Sam'l Hill of Kittery he being a Surety for his Son Sam'1 Hill junr: for the paym't of 2s6 per week towards the maintenance of a child as is Seett forth in sd Pertition-Ordered that the Pertitioner be heard Next Court produceing the order of Court & his Acco't of paym'ts
Ordered that Twenty Pounds Twelve Shillings be paid out of the county Treasury to Capt. John Leighton being the ball'ce of his Sheriffs acco't: as by the particulars in the Acco't on file appears.
[7:30]
Presentments Made by the Grand Inquest to this Court are as follows vizt:
We present John Jordan & Robert Hooper both of Falmouth for not frequenting the Publick worship of god.
[In left margin:] Arundel
We present John Barton, Ebenezer Barton & the wife of Ebenezer Barton & Mary Busey, Philip Duly, Elizebeth Poland & Abegel Morgen for nott frequenting the Publick worship of god.
Kittery: we present Meriba Hutchings for haveing a bastard child: [In left margin:] Memorand'm. Meribe Hutchings Answered for haveing a bastard Child last Court
Also we present Joanna Poope [Pope] the wife of Wm. Poope for not frequenting the Publick worship of God
Also we present Joseph Foyce & George Finex [Phoenix] for Pro- faine Swareing
52
PROVINCE AND COURT RECORDS OF MAINE
Berwick, We present Thomas Olden for Profaine Cursing & Swareing at the minester & Church
Brought into Court by Nich'o. Cole Foreman
ANNO REGNI REGIS GEORGII SEPTIMO:
[To right, a smaller Septimo: as though for practice, or simply the Clerk's doodling.]
At a Court of Gen'l Sessions of the peace holden at York for and within the county of York: July: 4th: 1721: Present. John Wheelwright, Charles Frost: Abraham: Preble &: Joseph Hammond Esquires:
The Grand Inquest are as followeth: Vizt.
Imprimis Daniel Simpson Foreman
Capt. Saml. Wheelwright
David Libby jun'r
Andrew Grover
James Samson
Jacob Remeck jun'r
James Doreman
Joseph Gellison
Dodivah Curttis
Jona: Stone
Daniel Emery jun'r
John Sharpe
Benj'a Gold
Micum Machintier
John Watts being Chosen one of the Grand Inquest for the Town of Falmouth: and he not appearing to take his Oath in April court: nor has not Attended this court. Ordered that he be Sumoned to the Next court of Gen'l. Sessions of the peace to make Answer for his Neglect.
Philip Doral appearing to answer his presentment for not Attending the publick worship of god: Its considered by the court he be Ad- moneshed and pay Fees of court: 7s & Stands comit'd.
[7:31]
Joseph Foyce Appearing to answer his presentment for Profaine Swareing: Its considered by the court he pay a fine to the Use of the poor of the Town of Kittery of five Shillings & fees of court: 7s & Stands comitt'd.
George Finex [Phoenix] appearing to answer his presentment for Profaine Swareing, Its considered by the Court he pay a fine to the Use of the poor of the Town of Kittery of five Shillings & fees of court: 7s. & Stands comitt'd:
Dorcas Gowen being Accused for haveing a bastard child of Late born of her body; She appeareing Owned the fact: made Oath That John Treworgie of Kittery was the father of said Child: Its considered by the Court that She recieve Ten Strips on her Naked back at the
53
COURT OF GENERAL SESSIONS, 4 JULY 1721
post & pay fees of court 7s. or pay a fine to the King of Thirty Shillings & fees as aforesd & Stands comitt'd
Order'd That a process goo out for the Apprehending of the above said John Treworgie (to Answer to the above premises) so that he may be had at the Next court of Gen'll Sessions of the peace for said county :
Ordered that the Sum of one hundred pounds be Assessed On the Inhabitants of this county to be paid into the county Treasury by the first of January Next and the Treasurer is hereby directed to Issue out his warran'ts to the Selectmen of the Several Towns accordingly vizt.
Kittery Tenty five pounds £ 25
York Twenty two pounds
22
Berwick Ninetten Pounds
19
Wells fouerteen pounds
14
Falmouth five pounds Ten Shillings
5 = 10
Biddiford fouer pounds Ten Shillings
4 = 10
Arrundell Three pounds
3
George Town foure pounds
4
Scarborough Three pounds .
3
Summa £100“«
John Watts being chosen one of the grand Inquest for the Town of falmouth: & he not appearing to make Oath to his Office nor has not Attend'd the courts, Ordered that he be Summons'd to the Next court of Genl Sessions of the peace to answer to the premises
[7:32]
Licence is granted to this court to the Several persons following to keep public houses of Entertainem't &ca.
John Woodbridge, John Stover, Alice Donnel & Benj'a Stone for the Town of York
Capt. John Heard, Mr. Joseph Curtis, Mary Stapel, Roger Mitchel, Sarah Hix, Paul Wentworth, Benja. March & Nath'l Keane for the Town of Kittery
John Wells for the Town of Wells
Joseph Abbot for the Town of Berwick
Richard Coller for the Town of Falmouth
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