Province and court records of Maine, Part 8

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


USA > Maine > York County > Province and court records of Maine > Part 8


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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Sam'l Moodey Esq'r retailer for Sd. Town


William Dyer for the Town of Biddiford


Sam'l Jordan retailer for Sd Town


John Butler for the Town of GeorgeTown


James Camble [Campbell] being brought before this court on suspi-


54


PROVINCE AND COURT RECORDS OF MAINE


tion of haveing carnal knowledge with the wife of Rich'd Morgon there being Sundry persons Sumoned to give Evidence Some of w'ch not ap- pearing, It is therefore considered that the sd James Camble give bond for his appeareance at the Next Court of Gen'l Sessions of the peace to answer to what Shall be Object'd against him on behalf of his Majesty relateing to the premises & in the mean time to be of good behaviour, and Stands commit'd.


Memorandum James Camble Principle & John Adams & Paul Went- worth his Suretys Acknowledge them selfes to be holden & Stand firmly bound and Oblig'd to our Soveraign Lord the Kings Majesty in the penal Sum of fifety Pounds that the said James Camble Shall personally appear at the Next court of Gen'l Sessions of the peace to be holden at York for the county of York upon the first Tuesday of Octob'r. Next & that he Abide the Sentence of the court thereon & not to departe with- out licence and that he be of good behaviour in the man time towards his majesty & all his Liege peopel.


Taken in court as Attests


WM PEPPERRELL Cler


This court haveing reason of Suspition of James Camble having carnal knowledge with Abegel Morgon the wife of Richard Morgon: ordered that a warr't Issue out to the constable of Arrundell to apre- hend & Secure sd Abegel Morgon so that She may be had at the Next Sessions to Answer to what Shall be Objected ag'st her on behalfe of his Maj'sty relateing to the premises.


[7:33]


Francis Littlefeild being brought before this court his being Accus'd of being the father of a bastard child begotten on the body of Mary Bragdon, She appearing in April court last made Oath that the said Francis Littlefeild was the father of said Child: Its Therefore con- sidered by the court that the Said Francis Littlefeild pay to the sd Mary Bragdon 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 & to pay fees of court: 9s & to Stand Commit'd till done.


Memor: Francis Littlefeild principel & Jona: Baine Surety Ac- knowledge them Selfes bound & Oblig'd in the penal sum of fifty pounds for performance of the order above Said


55


COURT OF GENERAL SESSIONS, 4 JULY 1721


Upon reading the Petition of Sam'l Hill Setting Forth whereas he had paid towards the Maintenance of a child per order of this court of Gen'l Sessions of the peace, Praying that it might be determined what he must for the future pay; Ordered that he pay with what he has Al- ready paid untill it make up the Sum of forty five pounds ten Shillings.


[Y. F. 1722, No. 4] [Petition of Samuel Hill, April, 1721]


[1.] [Copy of the record of the Court of Sessions of the Peace for 6 Oct. 1713 (5 Prov. Ct. Rec. 139) at which Samuel Hill, Jr. was ordered to pay 2s6d per week toward the maintenance of a bastard child born of Abigail Chapman.]


[2.] [On the outer fold:]


To the Hon'bles the Justices of the Gen'l Sessions of the Peace now Sitting at York.


[The petition: ]


To the Honourable the Justices of the Gen'l Sessions of the Peace now Sitting at York The Petition of Sam'll. Hill of Kittery: Whereas Your Honours ordered your Peti- tioner to Pay Two Shillings & Six pence per week towards the Maintenance of a Child, During your pleasure, pursuant to which obligation your Petitioner has paid the Sum of Thirty three pounds & twelve Shillings: Now Your Petitioner prays Your Honours to Consider the Expenses he has already been at, and be as favourable as you can in my obligation you shall Judge fitt to Lay upon him towards the further maintenance of sd child, and that you would Lett him Know what he must for the future Pay & that you would Determine how Long Time your Petitioner must stand obliged to Pay towards the Maintenance of sd Child.


Your Honours Humble Petitioner


Sam'll Hill


Kittery Aprill 4 1721


[In the clerk's hand:] Ord'd that the petitioner be heard next Court, produceing the order of Court & his acc'ot of paym't.]


John Tompson being bound over to this court by recognizence by Joseph Hamond Esqr. one of his maj'sties Justices of the peace on Suspition of Spreading a Scandulous pamphlet &c as per record Ap- pears; he refuseing to cleare him Selfe by his Oath, being Vehem't Suspition [sic; that he is the author thereof]; Ordered that he be Ad- monish'd & pay Fees of court 20s6. & Stands comitt'd till paid


[In right margin:] Just's


Consta.


10-6 3-


Evd'ce


2-


15:6


Cler


2-6


Shr.


2-6


1-0 - 6


56


PROVINCE AND COURT RECORDS OF MAINE


[Y. F. 1722, No. 4]


[The papers are a copy of the record of the proceedings before Joseph Hammond sitting as a single justice of the peace.]


[1.] York Ss


To the Sheriff of the County of York his under Sheriff or Dep'ty or Constables of the Town of Kittery or to Any or Either of them Greeting


Whereas there has been of Late a Scandulous pamplet or Libell written & posted up in the Country road Near the house of Mr John Adams in Kittery nailed to the post of sd Adamses Gate, in w'ch pamphlet the sd Adams & Mr Nicholas Weekes two of the Assessors appointed by the Court of Gen'l Sessions of the peace to Assess the In- habitants of the uper parrish in Kittery for the Support of the minister in April Last are very much Abused & Scandulized & Authority Contemned & reflected on, which pamplet was found on the 27th of Aprill Last, Since which the sd Adamses Two gates Set up by order of the Court of Gen'l Sessions of the peace are Torn down, removed & broken to pieces and his Inclosure Laid Wast-All which doings are a breach of the Laws of this Province20 Contrary to the peace of our Soveraign Lord the King his Crown & Dignity,


These are to require you in his Maj'tys Name forthw'th to Summon & give Notice to John Tompson & Thomas Ham of Kittery aforesd that they Appear before me the Subscriber one of his Maj'tys Justices of the peace for sd County forth with to be Exam'd in behalfe of our Soveraign Lord the King touching the premisses and to Testifie what they know relating to the Same in order to Convict the offenders. Hereof faile not and make return According to Law.


Given under my hand & Seal in Kittery aforesd the Eighth day of May in the Seventh year of his Maj'tys reign Annoque Domini 1721


Jos: Hammond


Pursuant to the within written I have Summoned the persons within Named this 9th of May 1721


John Rogers Consta.


Vera Copia Exam'd by Jos Hammond J pac


[2. Hammond's record of his examination of Ham and Thompson.]


York Ss. May 9º 1721


John Tompson & Thomas Ham being Summoned to appear before me the Subscriber one of his Maj'tys Justices of the peace for sd County to be Exam'd in behalfe of our Soveraign Lord the King & to Testify the truth of what they know relating to the writing & posting up a Scandulous pamphlet or Libell wherein the names of Mr John Adams & Mr. Nicho. Weeks two of the Assessors Appointed by the Court of Gen'l Sessions of the peace to Assess the Inhabitants of the uper parrish in Kittery for the Suport of the minister in Aprill last have been Abused & Scandulized & Authority Contemned & reflicted on &c Since which two gates Set up by order of the Court of Gen'l Sessions of the peace belonging to sd Adams are torn down & broken to pieces & his Inclosure laid Wast as by the process


The sd Thomas Ham declares upon Oath that he took the sd Pamphlet off the post of Mr Adamses gate on fryday the 27th of Aprill Last, that he knows not who wrote it or how it Came there & that he never heard Anything of it before he took it down and that he knew nothing relating to the pulling down, removing or breaking sd gates.


John Tompson being Exam'd Touching the premisses. Denied that he knew Any


20 1692-93 Province Laws ch. 18, An Act for the Punishment of Criminal Offenders, 1 Acts and Resolves, 53.


57


COURT OF GENERAL SESSIONS, 4 JULY 1721


thing relating thereunto Ag'st any person Excepting himselfe and refused to make oath to the truth of what he knew Aledging it was the priviledge of an Englishman not to Condemn himselfe. Which denial, with Compareing sd Pamphlet with sd Tompsons writing is a Vehement Suspicion that he is the author there of. Its therefore Considered that the sd Tompson give bonds for his good behaviour till 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 & Also for his Appearance to Answer what Shall be objected ag'st him on the Kings behalfe relating to the premisses


Jos Hammond


Vera Copia as of record Exam'd Jos Hammond J:pac


[3. Thompson's bond and recognizance, in the amount of ten pounds. Thompson is styled "John Tompson of Kittery in the County of York Weaver." His sureties were Nathan Lord and Joseph Hodsden of Berwick, "yeomen."]


Thomas Newman being bound over to this court by John Penhallow Esq'r one of his Maj'stys Justices of the peace for Said county; as per recognizence appears; he appearing Prays that it may be continued to the Next court. Ordered that it be continued he given bond w'th Suffi- cient Suretys for his then Appearence


Memorand'm. Thomas Newman Principel, Nath'l Donell & Rich'd Coller his Suretys Acknowledge them Selfes to be holden & Stand firmly bound & Oblig'd to our Soveraign Lord the Kings Maj'sty in the penall Sum of Ten pounds that the sd Thomas Newman Shall per- sonally appear at the Next court of Gen'l Sessions of the peace to be holden at York for the county of York upon the first Tuesday of Octob'r Next and that he Abide the Sentence of the sd court thereon & not to depart w'th [out] Licence & that he be of good behaviour in the mean time towards his maj'sty & all his Liege people.


Taken in Court as Attest


WM PEPPERRELL Cler


[7:34]


Presentments made to this Court by the Grand Inquest are as follow'th Vizt:


We present John Parsons & Francis Careman of York for not Fre- quenting the Public worship of god:


Nicholas Cane of York for being drunk


Eliz'a. Rose of Kittery for haveing a bastard child


Benj'a. Maigrey [McGray?] John Freas [Freese] & Benj'a. Maigrey, jun'r of Arrundell for Saileing out of the harbor on the Sabath day; Marey Duely of Scarborough for haveing a bastard child


DANIEL SIMPSON foreman


58


PROVINCE AND COURT RECORDS OF MAINE


Thomas Favor juniour by complaint of Joseph Haney [?] was brought before this court for heaveing of him down & Abuseing of him: Ordered that the said Thomas Favor pay a fine to the King of: 10s & Fees of court: & give bond for his good behavior unteell the Next Sessions.


Memorand'm. Principel Thomas Favor: Suretys Jo's Moulton & Jona. Baine: Acknowledge them selfes to be holden & Stand firmly bound & Oblig'd to our Soveraign Lord the Kings Majesty in the penal Sum of Ten pounds: for the Said Thomas Favors good behaviour towards his Maj'sty & all his Liege peopel untell the Next court of gen's Sessions of the peace held at York for sd county of York the first Tuesday of Octob'r Next.


Ordered that John Stevens of Arrundel: & James Littlefeild & Sam'l Littlefeild of wells be Sumon'd to Octob'r court Next, To Testyfie to the Truth of what they know relateting to James Cambles unseamely carrage with Rich'd Morgens wife.


ANNO REGNI REGIS GEORGIE OCTAVO


At a Court of Gen'l Sessions of the peace holden at york for & within Sd. County of york Octob'r 3d. 1721. Present John Wheelwright, Charls Frost, Abraham Preble, Jo's Hamond & John Gray, Esq'rs


Grand Inquest. Vizt.


Impr Daniel Simpson foreman Capt. Sam'l Wheelwright James Samson Jo's Gellison Daniel Emery Jun'r


Benj'a Gold


David Libby Jun'r


Jeremi'a Moulton John Booker


Jacob Remick Jun'r


Dodivah Curttice


Micum Mackentier


Javes Doreman John Watt


Jon'a Stone


[7:35]


James Campble being brought before this court to answer to what shall be Objected ag'st him on behalfe of his majs'ty relateing to the sd Campbles being found in bed with Abigail the wife of Rich'd Morgen, as per the Information &c. The sd Campble came upon his Tryall, be- ing Askt where [sic ; whether] he was guilty or not guilty, he pleads not guilty & Submits him Selfe to the Judgm't of the Court. It appearing by Several Evidences to the Court that the sd Campble was found in bed with the sd Morgens wife: its Considered by the Court that the


59


COURT OF GENERAL SESSIONS, 3 OCTOBER 1721


sd James Campble receive Twenty Strips Severly Laid on his nak'd back at the post & pay Fees of Court £ 3 : - : - and Stands Comitt'd


[Y. F. 1722, No. 4]


[The complaint of Thomas Perkins, selectman of Arundel, to John Gray, J.P. As a result of this, Gray apparently initiated proceedings against Campbell and Morgan.]


[Superscription, on the outer fold:] To John Gray Esq'r Bedeford [The complaint:]


Arendel June the 3d 1721


Sir


These are to [enform, aquaint ?] your Honour that James Campbell Doth frequant Morgains house & will do it and was found in her beed one morning this week and no grone Person in the house that night only he and shee and but the Last night he was there all night and very much in Drink and is not free from it this morning. Mr. Deering Can give you a [more?] Exact account


Sir I am your humble Servant


Thomas Perkins


[2. The mittimus issued by John Gray, the Biddeford J.P.]


York Ss. To the Goal Keeper of his Majesties Goal at York for the County Aforesd [seal]


In his Majesties Name you are required To Take Into your Custody the Body of James Campbell and him Safely Keep So that he may Appear To Answer at the Next Quarter Sessions To be Holden at York for the County of York on the first Tuesday In July Next To a Complaint Exhibited (him) against him by the Select Men Of the Town of Arundell for Unlawfully Cohabiting and Keeping Company with Abigail The Wife of Richard Morgan of said Town with Other Criminall Complaints as will Then and There Appear Against him. Given under my hand At Biddiford This 3d Day of June In the Seventh year of the reigne of King George Annoqui [sic] Domini 1721


John Gray Just Pacis


[3.] York SS. To the Constable of Arundell In the County Aforesaid [seal]


In his Majesties Name you are required and Commanded to give personall Summons unto Jabez Dormer, Thomas Perkins, John Stevens and Alison [The paper is here torn and shredded along the fold. About five words are illegible. The last words are ap- parently: of sd Town &] County To Appear at the Next Inferior Court of Common Pleas21 to be Holden at York for the County Aforesaid On the first Tuesday in July next then and there to give In their Evidance In the Behalf of his Majestie of what they Know Concerning the Complaint Exhibited against James Campbell of Said Town For Unlawfully Cohabiting with the wife of Richard Morgan. hereof Fail not At your perrill. Given Under my hand this 21st day of June Anno Domini 1721 In the Seventh Year of his Majesties Reign


[Reverse:]


John Gray Just Pacis


21 A slip, of course. He meant the next Court of General Sessions of the Peace.


60


PROVINCE AND COURT RECORDS OF MAINE


According to this warrant to me Directed I have Summouned those within named to appear at the next infeouer [sic] Cort to Give in theare Evedence


by me Humphrey Dearing Constable for Arundell


[4.] Jabez Dorman of full age Testyfyeth that about the first of June 1721 this dep't went to the house of Rich'd Morgan of Arundell ab't 5 a Clock in the Morning & knocking at the door, sd Morgans wife came to the door with her Gown keeped [?] ab't her, & in the house this dep't saw her two Children lying upon a Blanket Near the fire side, & James Campbell the Prisoner lying in sd Morgans wife's bed. This dep't Askt Morgans Wife the Reason of James Campbells being in her bed. She replyed that he Lay'd down on her bed Naked & that She Covered him, upon which this dep't took sd Campbell by the heels & hawl'd him out of her bed, at Which time sd Campbell had not any Clothing on his body Except his shirt


4th July: 1721 Sworn in Court Per Wm Pepperrell Cler


[5.] The Deposition of Thomas Perkins of full Eage saith, he Coming into the house whare James Cambell and the wife of Richard Morgain was Sum time in the year 1718 as I Rem'r and there [or then] see James Cambell with the said Morgains wife on a form and She Started from him, and her Coats fell down and Covered her Nakedness, and the said James Cambell was veary bussey a puting his Shurt flaps into his brittches, and I have Reprov'd her for there so frequenting so much togeather and She tould me it had made more desturbance betwene her husband and she then anything in the world for she was forsd to Rise out of her beed from her husband and lett him use his pleasuer with her, but he was allways so Drunk in them [feets ?] that he Could do no Damage and never knew whether She was a woman or no


4th: July: 1721 Sworn in Court per Wm Pepperrell Cler


[6.] The Depsition of Joseph Hill Jun'r of full Eage Saith he being at the house that Richard Morgin lived in in the year 1719 and loging in the sd Morgans house [illeg.] See James Cambell goo into beed to the said Morgins wife and a young woman & in the Morning Ded See the sd Morgins wife Rise out of the Beed from the said James Cambell and that Sam'll Littlefield & James Littlefield was in the house at the Same time


[signed:] Joseph Hill


4th: July: 1721 Sworn in Court per Wm Pepperrell Cler


[7.] Whereas James Cambel of Arundel in the County of Yorkes Labourer, being brought before the Court of Generall Sessions of the Peace, holden in Yorke for the County of Yorke on the first Tuesday in July last to answer to what should be Objected against him on behalfe of his Maj'ty, the matter and Cause being Continued to this Court, Severall Affidavits being taken on behalfe of his Majesty against said Cambel, that the Said Cambel at divers times in and since the year 1718 has been in the bed naked with the Wife of Richard Morgin of said Arundel, and at other times has been Discovered in a very lacivious manner Conversing with her, To Witt in the year 1718, the said Cambel being with the said Morgans Wife on a forme, the said Womans Coats being up and at the same time the Said Cambel was seen putting his Shirt flaps into his breches, and also in the year 1719 the said Cambel has been seen by sundry persons in the bed with the Said Morgans Wife and in the year 1721 was found in the bed of the aforesaid Woman there being no other person in the house but the said woman saving [rest of line, and the next, torn and shredded.]


61


COURT OF GENERAL SESSIONS, 3 OCTOBER 1721


James Campbell is Charged with the off [-ences] [afore-] mentioned by his Maj'tys Justices at the Court of Gen'l Sessions of the peace holden at York October 3d 1721 Attest Wm Pepperrell Cler


[In Pepperrell's hand:] he pleads not guilty & Submitts him Selfe to the Judgm't of the Court


[8.] A depotion [sic] of John Steevens of Arandall of the actions of James Cambel and the wife of Richard Morgin Both of Arandal that the sd John Steevens see the sd Cambel go to bed to the sd Morgins wife and laye with her till morning which action was in the year 1719 and further saith not


York SS October 3d 1721


Sworn in Court Attest Wm Pepperrell Clerk


[9.] The dipesion [sic] of Jeames Litelfield and Sam'll Litelfield testefiet and saith that about two years ago we was at Richard Morgens hous and James Camell was thair at the same time and in the Evening sd Camell said that he would go to beed to said Morgens wife and a young wooman that was with her and the nex morning we saw sd Morgens wife and sd young wooman rise out of the beed from sd Camell and further saith not


York Ss October 3d 1721 Sworn in Court Attest Wm Pepperrell Cler


John Warren appearing to answer his presentm't for not attending the Publick worship of god: Its consider'd by the Court that he pay a fine to the use of the poor of the Town of Kittery of Twenty Shillings and Fees of court 9s. & Stands comitt'd, he not haveing Suffici't to pay his fine: order'd that he Set in the Stocks one hower & pay Fees as afores'd.


John Warren dureing the Seting of the Court being drunk: Its con- sider'd by the court that he pay a fine to the use of the poor of the Town of Kittery of 5s & Fees of court. 6s. & Stands comitt'd, he not haveing Suffici't to pay his fine: order'd that he Set in the Stocks one hower & pay Fees as afores'd


Thomas Olden [Alden?] appearing to answer his presentm't for pro- faine Swareing-Its consider'd by the Court that he pay a fine to the Use of the poor of the Town of Berwick of 5s. & Fees of court. 10s. & Stands comitt'd.


Abigail Abbot appearing to answer her presentm't for haveing a bast'd child She Owning the fact, & made Oath that Joseph Woodsum was the father of sd bast'd child, Its considered by the Court that She receive Ten Strips on her nak'd back at the post & pay Fees of court. 10s. or that She pay a fine to the King of 50s. & Fees as aforesd & Stands Comitt'd.


62


PROVINCE AND COURT RECORDS OF MAINE


Order'd that a process goo out for the apprehending the sd Joseph Woodsum so that he may be had at the Next court of Gen'll Sessions of the peace for sd county to answer to the Above premises.


Joanna Pope appearing to answer her presentm't for not Attending the Public worship of god: Its consider'd by the Court that She be Admonish'd & pay Fees of court 8s & Stands comitt'd.


[Y. F. 1722, No. 1]


[Outside:] Rich'd Rices bond for Joanna Pope's Appearance


[In the hand of Richard Rice:]


Kittery June 12th 1721.


Know all men by these presents that I Richard Rice of kittery in the Countey of york in his majestys province of masachuset bay in new England Stand formly bound in the penel som of five pounds to Jonathan Nason Constabel of sd Kittery for Joanna pope her apperance at the next inferer Cort of sessions held for sd County at york on the first Tusday in July next then & there to a bide the Sentence of sd Cort & not to depart sd Cort with out licence as witness my hand & seal this


Rich'd Rice [seal]


Signed and Delivered In the Present of us Sarah Jonson her Anne a Rice22 Mark]


John Jorden appearing to answer his presentm't for not Attending the Public worship of god, considering the Distance he dweells from the Publick worship & the Sev'l. Il-conveniances, that he be Acquit'd Paying Fees of court 8s. but that he be direct'd to Attend for the Future.


[7:36]


John Bartton appearing to answer his presentm't for not frequenting the Public worship of god, Its considered by the court that he pay a fine to the Use of the poor of the Town of Arrundel of 20s. & Fees of court 8s. & Stands comitt'd


Ebenezer Bartton appearing to answer his presentm't for not fre- quenting the Public worship of god Its considered by the court that he pay a fine to the Use of the poor of the Town of Arrundel of 20s. & Fees of court 8s. & Stands comitt'd.


Benj'a. Major23 appearing to answer his presentm't for Saileing out


22 Written by Richard Rice, from evidence of the handwriting and signature above.


23 Doubtless the same person as the "Benj'a Maigrey" [McGray?] supra, 57. But "Major" would seem to be the name: cf. Gen. Dict. Me. & N. H., 454.


63


COURT OF GENERAL SESSIONS, 3 OCTOBER 1721


of the harbor of Arrundel on a Sabbath day. Its consider'd by the court that he pay a fine to the Use of the poor of the sd. Town of Arrundel of 10s. & Fees of court. 7s. & Stands comitt'd.


John Freez [Freese] appearing to answer his presentm't for Saileing out of the harbor of Arrundel on a Sabbath day. Its consider'd by the court that he pay a fine to the Use of the poor of the sd Town of Arrundel of 10s & Fees of court 7s. & Stands comitt'd.


Benja Major Junr. appearing to answer his presentm't for Saileing out of the harbor of Arrundel on a Sabbath day. Its consider'd by the Court that he pay a fine to the Use of the poor of the sd. Town of Arrundel of 10s. & Fees of court 7s. & Stands comitt'd.


Capt. John Heard & John Tompson being bound Over to this Court by Jo's Hammonds Esqr. one of his maj'sties Justices of the peace for the county of York afores'd for Signeing of a warr't or paper as Select- men direct'd to the constable of the uper parish in Kittery for the call- ing of a parish meetting as per the record Recogniz'd & process pro- duced in court. Its considered by the court that whereas the Law had made Other provition for the calling of parish meettings &c; That they pay cost of court. 32s. & be Acquit'd.


Thomas Newman being bound over to the court of Gen'l Sessions of the peace in July Last by John Penhallow Esq'r one of his Majesties Justices of the peace for the county of york aforesaid and by the sd. Tho's Newmans request New bonds given for his Appeareance to this court to Answer to what Shall be Alleag'd ag'st him, &c. Nath'l Donnell & Rich'd Coller Suretys Sd Tho's Newman being call'd & not appearing, but a Pertition being present'd from him, Its Consider'd by the Court that his bonds be declared forfit'd, Except he come into the Next court of Gen'l. Sessions of the peace to be holden at York for sd. county & Take his Tryall.




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