USA > New Hampshire > New Hampshire court records 1640-1692 > Part 10
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Presentments taken Into this courte
James Kid beinge presented for a fame for an acte of un- cleannes wth sarah conett [Connell] the Irish woman is fined ten pounds or twentie strips
Sarah conett prsented for havinge a child by the acte of un- cleannes is whipped wth twentie strips
John webster prsented upon a fame of breach of the Saboth in sufferinge expences extreordinarie on the lords day is fined ten shillings wth an admonishment
Edward Shaw p'sented for beinge drunke in the house of mathew Giles one the lords day is fined ten shillings & 28 6ª fees
George walton prsented for sufferinge George Burnett to bee drunk in his house is fined five shillings and five shillings more for sufferinge Richard Randall to bee drunke
Walter Abbitt prsented for selling wine & beare and lickour contrarie to the licence of the courte is fined foure pounds
The courte rejourned to Portsmouth the 14th of this presente mounth Julie 57.
Issacke nash prsented for beinge distemperd in drink is fined sixe shillings eight pence
Issacke nash prsented for beinge drunke upon the river fallinge out of his canow into the river is fined twentie shillings
william Pumphrey presented for Issacke nash beinge drunke in his house is fined five shillings
Tho: Crawlie & mathew Ham prsented upon a fame for drink- inge 14 pints of wine at one time at the house of John webster are fined three shillings 4ª fees 28 6ª
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NEW HAMPSHIRE COURT RECORDS
Tho: Crawlie p'sented for living idle in his callinge is ad- monished wth 2º 6d fees
Thomas Downs & his man Christopher p'sented for breach of the sabaath in goinge to newichwanocke one the lords day is admonished wth 2º 6ª fees
Thomas Crawlie prsented for a fame for sturringe up strife betweene neighbours in suts of law is admonished & 2ª 6ª fees
Elizabeth Gile prsented for callinge John alt constable Roge is admonished wth 28 6d fees
Phillip Cheslie prsented for beinge drunke at M' Hills is fined 38 4ª wth 28 6ª fees
George Burnett p'sented for beinge drunke in the house of George walton is fined 108 wth 28 6d fees
The Towne of Portsmouth beinge prsented for there hie way it is ordered to bee laid out by the towne one the penalie of five pounds
The case of Jane Draks prsentment is referred to the comy- shioners of Portsmouth
George walton beinge fined five pounds the courte is pleased to take off 409
Gowen willson beinge brought from the countie courte held at yorke to bee bound in bonde for the good behaviour & John Pickringe wth him the said Gowen in 20 pounds & the said John Pickringe in ten pounds until the next countie courte held at yorke: the said Gowen wilson is to give John Pickringe a counter bond for the ten pounds
Ordered by this courte that wth in one mounth the towne of portsmouth shall cause to bee made two sufficiente pr of stocks and a whipinge post one pr to stande by the meetinge house & the other to stand on the great Ilande the wch is to bee prformed one the penaltie of ten pounds: and oyster river is to have a pr of stocks wthin one mounth one the penaltie of five pounds
Robert Mussell chosen to bee water bayliefe for the towne of portsmouth & to take his oth concerninge ballist of any shipp or barke cominge into the river & to looke after them in throw-
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NEW HAMPSHIRE COURT RECORDS
inge of there ballist not offendinge the roade: & in case they will not take warninge then to complaine to authoritie then to prosecute the law acordinge & for everie such defeckt to pay to the towne ten pounds fine the said mussell to have for his fees fivetie shillings
These prsents shall testifie that I Marke Hands of Boston nailer doe acknowledge to have soulde & delivered unto John Pickringe of the river of Pascataquacke an Irish servantt man brought over by mee Mr George dill as a captive & ordered by him to mee to make sale off, for the terme of five years, for the some of eight pounds starlinge to bee paid in marchantable pipe staves at price currante wch sale I the said Marke Hands in the behalfe of the said George Dill doe ingage my selfe my heirs & assigns to make good & valid unto the said John Pickringe his executors administrators and assigns for the terme aforesaid : In testimonie whereof I have hereunto sett my hande this first of Julie, 1654, and for wch paymente of eight pounds as above said I have receaved a bill of the said John Pickringe to bee paid the next springe:
By mee Marke Hands
wittnesse Richard Tucker Humphry Comby
This is a true coppie of John Pickrings bill for his Irish servant man: Compared wth the originall By mee
Henrie Sherburne Recorder
Att the comission Courte Held Sept 21th 57 att Portsmouth Jane Draks presentment beinge agitated the courte doth order Jane Drake to submitt her selfe to the courte wth acknowledginge her fault and an admonition shee acknowledginge is dismist: evidence beinge not suffitiente:
wee whose names are under written beinge deputed to consult and determine the difference betweene the inhabitants of Portsmouth concerning the placinge of there meetinge house, upon the arguments aledged on either side, doe judge & alsoe
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NEW HAMPSHIRE COURT RECORDS
conclude all reasons weighed that it is upon all respects con- sidered the meetest and most comodious place to erect the meet- ing house is the little hill ajoyninge the goodman websters poynt Portsmouth Julie 9, 1657.
Daniell Denison Samuell dudley Hatevill Nutter
This is a true coppie taken from the originall By mee Henrie Sherburne Recorder
This courte doth hereby declare that all such as are by order apoynted to keepe vittlinge houses for common entertainmente shall have there licences granted but for one yeare, and shall have the same given in writinge by order of the courte under the hande of the clarke wch clarke shall have for his fee 28 6d & the said victualers shall everie yeare & from yeare to yeare bringe in the said licences to the countie courte to bee renewed accord- inge as the courte shall see cause, upon the good order and be- haviour of the p'sons soe licenced & the clarke for his fee for everie licence soe renewed shall have one shillinge.
Alsoe all victualers soe licenced are hereby prohibyted from sellinge ether wine or stronge water on the lords dayes except to & for the releife of sicke prsons: & everie vittler that shall offend herein beinge convicted before some majestrate or comi- sioner in our countie for the third fault forfeit his or there licence :
Alsoe that everie victualer shall procure from the clarke of this courte a coppie of all such lawes as are made & established in this Jurisdiction for the orderinge of houses of entertainment & the restrainte of exesive drinkinge cursinge swearinge and saboath breakinge to bee fairlie written & shall sett up the same in some open place & veiw in there houses, that all may reade & take notice what they are to suffer if they offend : payinge the clarke for ech coppie 38 4d
Alsoe whearas the law doth prohibbitt all such as have houses of there owne neare, not to stay at an ordinarie above halfe an
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NEW HAMPSHIRE COURT RECORDS
houre this courte doth require all such as are licenced in our Jurisdiction to bee verie surcom specte herein espetiallie one the lords day att night whether masters of families or servants
Alsoe this court desire all such as are comissioners in our prsinks to take what paynes & care that possible they can to looke to & after such houses of entertainmente as alsoe our select men & constables in there severall places to take care herein that wee may prcecute all such exsesse drinkinge and other sins wch els will bringe the Judgment of god upon us: everie vittualer or taverner for the takinge of there coppie is to have sixe weeks libertie after the publishing of Itt:
Walter Abbitt Licenced Raph Hall licenced
John webster Licenced John Bickford licenced
George walton Licenced Roger Knight Licenced
Thomas Trickey licenced
The deposition of ffreeborne Balch aged 23 years
This deponent saith that hee beinge att oyster river to see some masts to bee turned into the water, that Henrie Thorner orderinge the workemen what to doe: & they accordinge to his word turninge the formost mast wch lay before the other mast, the formost mast beinge removed & hee beinge upon the other mast, they turninge after cast him off, & run upon him, & soe brused him wch was the cause of his death & further saith not:
Taken upon oath this 19th of August 57 Before mee Brian Pendlton
wee Whose names are here under written being chosen of the Jurie doe finde accordinge to this evidence that the rowlinge of the mast unexpectlie was the cause of his death Mr John Cutt William Pittman William Pumphrey William Roberds william ffollett Joseph feild John Goddard william williams John woodman
Abraham Conley william ffurbur John Divall
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NEW HAMPSHIRE COURT RECORDS
At a spetiall courte called & held at Portsmouth this 26th of august 57 wth the worshipfull Captaine wiggine and the rest of the assotiats, concerninge the estate of Henrie Thorner of wap- pinge shipe carpenter deseased who was by accedent slaine wth the rowlinge of masts as was founde by the Jurie this 19th of August 57 and now this courte doth see nessesitie of present ad- ministration, therefore they doe aprove of Mr James Garrett Captaine of the good shipe called the Hopwell and Edward Thorner carpenter of the same shipe as Joyntt adminestrators one the estate of Henrie Thorner & doe by these prsents grante them adminestratorship one his estate they promisinge to bee bounde to this governmente in bonde of five hundred pounds starlinge to bringe in a true inventorie of the estate intrusted in his hande [Inventory of the goods of Henry Thorner.]
At A Genrll Court held At Boston 8th 7 mo 1650
The Inhabatants of north ham Uppon there petityon was granted the liberty wth other Townes . . . and m' Sam" Dudly mª Wm Rains m' winslow mathew Boys are to Setle there limits. This is a Trew Coppy of ye Court Order
Edward Rawson Secretary
Wee hose names are Under Written being Apoynted by the Gener11 Court to lay out the bounds of Dover have thus Agred that ye Utmost boundes on ye west is a creeke on ye Este side of Lamperell River the creeke next to ye River & from the End of that creeke to lamperelle River first ffales and so ffrom the ffurst fales on a north and by Este line foure miles and from a crike next below Thomas Canies hous to a Certaine cove nere the mouth of the grete baye caled hogsty cove and all the marsh and meddo land lying and being on the grete baye with conven- iente upland to fets there hay
William Paine Sam1 winslow mathew Bois
Recorded from the oregenall the 2ª July 1657
Henrie Sherburn Recorder
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NEW HAMPSHIRE COURT RECORDS
At a Court held in Dover the 24° 4° mº 1659
Jnº Webster Came before ye worp1] Capt wiggins & mr Dan- forth & Confest a Judgment of 468 Id due unto Capt Brian Pendleton
The Depotition of Edward Colcord aged 43 yeares:
Being Sworne saith that he saw mr Samuell Maverick whoe was ye Surveying admistrator of mr Jnº Mills Asigne over all that debt due from Capt ffran. Champernowne to mr Jnº Mills unto m' Thomas Ruck for a debt wch John mills owed him.
Dover 30° June 59 Attested on oath by Edw Colcord at the Countie Court then & ther sitting as attests Henry Sherburne Record"
Res: of Henry Brooken six pound & three shillings in fish or Mackerell for ye use of Jone Bevill ye late wife of John Bevill, more Received of mr Coffin Tenn pounds in beefe & Apples by the ord' of Hen Brooken & I have given m' Coffin a receipt for it, in all I say received sixteene pownds & three shillings all by the ord' & for the use of Jone Bevill this 26 day of octobr 1657 Richard Sealy
This is a true Coppie according to ye originall as attests Elias Stileman Recordr
At A Court held In Dover the 28° 4° mº 1659
Judges The worp" Thomas Wiggin Thomas Danforth Brian pendleton vall. Hill Rich: Waldurne
The Grand Jury
Job: Clements Ric. Cator Jnº Godard James Bunker Jnº Heard Hen: Tibbitt Dover
Hen: Beck Wm Cotten Ric: Cummins James Johnson Jnº Moyses Allex : Batcheler porchmouth
Jury of Trialls
Wm ffurber Rich: Oates Antho: Nutter Wm Roberts Jnº Martin Jnº Daviss Tho: Beard Dover
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NEW HAMPSHIRE COURT RECORDS
phill : Lewis Nath: Drake Antho: Bracket Wa. Neale Goodm: chanler porchmouth
Rob: Burnam added in 2 or 3 acc'ons
Rich: Jackson being Som'ons to serve on ye Jury of Trialls & not appearing is fined 58
Thomas Johnson p1 agat Robert Tuck defendt in an acc'on of the case for satisfacc'on for 50 Gall: of wine of yo said Tho: Johnsons, wch ye R: Tuck rec into his house. withdrawen
Thomas Canny p1 against Jnº Hart defendt in an accon of the Case for non paymt of 401 due by Arbitrac'on
Jury ffinds for the defendant & Cost of Court
Thomas Every p1 agat Jnº Hall defendt in an acc'on of ye Case for taking a way a Øcell of pipe staves & deteining of them. Withdrawen.
George Walton p1 agat Allexsander Jones defent in an acc'on of Appeale from the Commission Court at porchmouth Con- cerning a Øcell of march: the p1 not giveing his reasons in writing & not sum'onsing ye defend the acc'on could not proceed & ye p1 is left to his Liberte to Reveiw his case before the Com- missors at porchmouth :
John Oddihorne p1 against John Sunderland defent in an acc'on of the Case for not delivering of a horse wch the said Sunderland tooke of the sª Oddihornes at Winnesimet & for abuse of the sd horse wch was the cause of his death
The p1 was non suted being Contrary to Articles of agreemt that the bay should not cary any hence thether nor com hether undra 1001 acc'on :
Phillip Babb p1 against James Waymouth deft in an acc'on of Trespass upon the Case for making use of a house & Land & other appertinances. withdrawen
Henry Tibbet p1 agat phillip Lewis defende in an acc'on of Trespas upon the case for Carrying a certain Acell of hay from of the march of ye sd Tibbitts wth out his Leave & Consent
The dammage appearing und' 408 is cast out of Court
Henry Tibbet p1 against Charles Allen defend in an acc'on
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NEW HAMPSHIRE COURT RECORDS
of Trespass upon the case for posessing and making use of Certaine Lands belonging to ye sd Tibbet wth out his Leave or ordr
Jury finds for ye plantive the Land in Controversie & Cost of Court 31 008 2d
The defend Appeales from this Court to ye next Court of Assistance at boston :
Charles Allen & phillip Lewes doe acknowledg themselves to be indebted unto ye Countie Court for Dover & porchmouth 2011 sterll well & truly to be pd by ym there heires Executors & Administrators. The Condic'on of this Recogniscance is that if the abovesaid Charles Allen shall prosecute his Appeale agat Henry Tibbet at ye next Quarter Court to be held at boston & soe from court to court untill ye matter be decided & shall alsoe pay all such costs & damages as the said Hen. Tibbit his attorney or Lawfull assignes shall by Law recover agat him, that then this Recogniscance shalbe void & of none effect or other wise to stand in full pow' force & vertue.
The Bill of prsentments
The Towne of Dover for the wayes betweene Hiltons poynt & Quochecho This Court Injoines the sd Towne to mend them betweene this & ye next Court held at porchmouth on penalty of 51 & fees Court
The Towne of Dover for ye wayes betweene Oyster River & mª Hills Mill: the Court orders them to mend them betweene this & the next Court at porchmouth on pennalty of 51 & fees Court
The Towne of Dover for ye way at ye head of Thomas Johnsons Creeke. This Court enjoynes the Towne to mend It betweene this & next Court at porchmouth or to pay 51 & fees of Court
All the ordinarys of Dover & porchmouth for selling wine at 8% { Gall. & Rumm at 168 pr Gall :
Richard Barsum being Convicted of drunkeness & cursing is fined 208 & to stand bound to ye good behav' & to make his appearance at ye next Count Court at porchmouth
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NEW HAMPSHIRE COURT RECORDS
Rich: Barsum & Jnº Sherburne doe acknowledg themselves to stand bound to ye Countie court for Dover & porchmouth ye sd Barsum in 2011 sterl: & Jnº Sherbourn in 10" sterl well & truly to be pd by them there heires Executor & Administra", The Condic'on of this Recogniscance is such yt if ye abovsd Ric: Barsum shall be of good behavior towards all the people of this Com'on weath & make his appearance at ye next Coun. Court to be held at porchmouth yt then this Recogniscance to be voide & of none effect or otherwise to stand in full powr fforce & vertue. Ric: Barsum appearing is discharged of his bond
Alsoe the sd Jnº Sherbourn doth ingage in ye behalfe of the said Rich : Barsum to pay his fine of 208 wth ye Cost of Court.
June 30 1659
James Middleton being Convicted of frequenting the Tavernes & quarrelling & fighting is fined 208 & to stand bound to ye good behavior with sufficient securitie in 101 & to appeare at ye next County Court in porchmouth
James Middleton & m' Vall. Hill doe acknowledg ym selves to stand bound to ye Countie Court of Dover & porchmouth The said James Middleton in 2011 and m' vall : Hill in 10" well & truly to be pd by them there heires Executor & Administator on Condicon that ye said James Middleton shalbe of good behavior & make his appearance at ye next Countie Court at porchmouth & mr vall Hill ingageth to pay his fine of 20° & cost of court James Middleton appearing at ye said Court bound unto is freed of his bond
George Vezie being convicted of being more than halfe an houre in ye Taverne is fined 28 6d
Phillip Chesly Tho: ffootman & Wm Smith being convicted of frequenting the tavernes & being in a Quarrell with James Middleton are fined 68 8ª apeece & to give 511 bond apeece for . there appearance at ye next Court. Court to be held at porch- mouth
Phillip chesly Tho: ffootman & Wm Smith doe acknowledg themselves to stand bound in 51 apeece for there appearance at
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NEW HAMPSHIRE COURT RECORDS
ye next Coun. Court to be held at porchmouth. these sons appearing at the sd Court to wch they were bound are discharged of there bond.
Jnº Bickford & Tho: Willy being Convicted of suffering ye above named sons to spend there time & continew Tipling & quarrelling in there houses are fined 208 apeece & pay fees of Court
Elias Stileman is chosen clarke of this Court & Record" for ye Countie & clarke of ye writts
June 30 1659
Whereas Complaint is made to this Court of many great abuses that are com'itted in ye severall ordinarys & houses of entertainmt by suffring of #sons to Continew drinking to Excess as alsoe unto drunkenness Quarrelling & fighting to ve dishon' of god the scandall of or profession ye wasting of estates & not only to mispending of there owne time appoynted for labour & rest but alsoe ye #faming of Gods Sabbaths -
This Court taking the same into there serious consideration accounting it there dutie by all due meanes to prvent the like abuses for ye future, doe Order that henceforth Noe Wine Tavern shall either directly or indirectly permit or suffer any #son to have any wine on the Sabbath day neither shall they at any time sell any wine for more then 18d a quart on penaltie of for- fiture of ye Licensess & 58 a pint for selling any on the sabath day or on either Evenings of ye Sabath excepting only to ffishermen yt Lodg at there houses on ye Satterday night halfe a pint a man or to sick Øsons & that noe ordinary or house of Com'on entertainment shall sell any Strong Liquor on any pretence what soever :
This Court doth ordr that henceforth only one wine Taverne shalbe Licensed at dover & Two In Porchmouth, And that only one privat housekeepr shalbe Licensed in either place to sell strong Liquor but not to suffer any to drinke or tipill in there houses.
Ralph Hall is Licenced to Keepe a Wine Taverne at Dover on Condic'on yt he observe the orders of this Court for Regulating of
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NEW HAMPSHIRE COURT RECORDS
Abuses in such houses of com'on entertainment & hath Libertie to draw out the strong waters that are in his house untill Octobr next.
Thomas Willy is Licenced to Keepe a house of Com'on En- terteinmt at Oyster River for selling of beare & bread & hath alsoe Libertie to sell out his wine & strong waters that he hath in his house untill Last of Octobr next on Condic'on that he observe ye ordre of this court for Regulating of abusses in such houses.
Thomas Triggie hath Libertie to Keepe a house of com'on entrteinmt at Bloody poynt for selling of beare & bread but not for selling wine or strong waters & in case he shall refuse ye Towne of Dov' may Nomynate any other meet Ason & prsent him to Capt Wiggins whoe is by this Court Impowred to License him to that Imploy
Dov' 30° June 59.
Walter Abbot & George Walton are Licensed to Keepe houses of Com'on Enterteinmt & wine Taverns at porchmouth on Con- dic'on yt they observe ye ordre of this Court for Regulating all abuses in such houses. And have libertie to draw out the strong waters in there houses untill ye Last of Octobr next
Roger Knight & Jnº Webster are Licensed to Keepe houses of Com'on Enterteinmt at Porchmouth in selling beare & bread but not to sell wine or strong waters.
This Court ordrs that ye Tressur of this Court doe pay unto Mrs Rayner for enterteining & Lodging of the Court 20 shill & to ye Mrshall Genr11 Edw: Mitchelson for his Attendance on mr Danforth to ye Service of this Court 20 shillings
This Court doth ordr that ye m'shall of this Court shall of- ficiate as Tressur untill the Court take furth" ordr therein
The Court is Adjournd untill the Majestrates Returne back from yorke Court.
The testimony of Thomas Layton
Testifieth that ye Towne of Dover gave Richard pinckum a Lott of marsh In ye Great bay & that ye sd pincum Sould all his
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NEW HAMPSHIRE COURT RECORDS
Right that he had in ye said Marsh to Joseph Austen of Dover. Dover June 30° 1659
Sworne by Thomas Laton before
Thomas Danforth
Coppied ffrom the Originall
₹ Elias Stileman Recordr
At A Court of Adjourmt held in porchmouth the II day of July 1659
Jnº Pickering Jnº Sherburn Wm Cotten Rich: Jackson Jon Jones Jno ffabins Jnº Dinall tooke the oath of fidellitie
This Court understanding that this Towne of porchmouth is wanting of a paire of Stockes & a prison doth Injoine the sd towne to make two pare of stockes with Irons & Lockes to them wthin a month or pay a fine of 51 & to build A prison fitt to Keepe prison's in it by the Last of Octobr next on pennaltie of twentie pownds sterl :
Richard Jackson tooke the Oath of Constable for porchmouth for the yeare ensuing untill a nother be chosen.
Jnº pickering being by the Commissirs bound in a bond of Io1 to appeare before this Court to Answr for his misdemeanor. for disorderly pulling downe severall papers sett upon the seates by the select men of porchmouth to direct people to there places in ye meting house, & being Convicted thereof
This Court doth sentence him to be bound to his good behav- iour & pay a fine of 511 or make Confession of his offence to there satisfacc'on & appeare at next Court held In porchmouth :
Jnº pickering doth acknowledg himselfe to stand bound unto the Countie Court for porchmouth & dov' In the summ of tenn pownds well & truly to be pd by him his heires Executors & Administrars The Condition of this obligac'on is such that if the said Jnº pickering shalbe of a good behavor towards all people of this Jurisdic'on & appeare at the next Court held at porchmouth that then this bond to be void & of none effect, otherwise to stand in full powr force & vertue.
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NEW HAMPSHIRE COURT RECORDS
Dennis Ackermuck Complaining to this Court that his m" John Pickering turneth him away emptie & very bare of Clothes, which soe appearing to this Court, they doe therefore ord' that Jnº pickering shall allow ye said Denis 31 sterl to buy himselfe clothes.
At A Court of Adjormt 11 July 1659
Upon A Complaint made unto this Court that the way by Jno pickerings mill is very daingerous & may hazard the lives of people, This Court doth therefore Injoyne the Towne of porch- moth to make it suffisient for people to pass without danger this to be done wthin a month & the said pickering is not to mollest them.
This Court doth Impowr the Commissors Court for the Iles of sholes to Administer the oath to such as the Inhabitants of Star Iland shall choose to be a Commissor for them:
The tressr for ye Court of Dover is to Allow James Johnson 168 ffor Keeping mr Danforth & the Mrshalls horses.
At a Countie Court held in Portsmouth the 26 of June 1660 prsent the worp" Thomas Wiggins Major Hump: Atherton Capt Brian Pendleton m' Vallentine Hill Capt Walderne The Gran Jury Mr John Cutt Jnº Jackson Tho: Walford portsmouth Wm Sevey Sam: Haynes
Wm Brookin Joseph Austin Jnº Hall John Alt
Dover
Wm Beard Ric: Cator Edward paterson -
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NEW HAMPSHIRE COURT RECORDS
Jury of Trialls
Natha1 Drake
Tho: Beard
Phillip Lewis
Tho: Nock
Jnº Sherburne
Antho: Nutter
Hen : Beck
Tho: Robberts
Robt Burnam
Jnº Hall
Jnº Roberts Peter Coffin
Wm ffurber Christor Jose aded in som accons
Mr Ric: Cutt being Som'ons to serve on ye Jury of Trialls & not appearing is fined 58
Deacon Jnº Hall being som'ons to serve on ye Gran Jury & . not appearing is fined 68 8ª but serving on ye Jury of trialls, his fine is remitted
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