USA > New Hampshire > New Hampshire court records 1640-1692 > Part 11
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[Court Papers, vol. 1, p. 55.]
1660 4 mo 26 Presentments ffor Portsmouth Court
we Present Thomas Keney for Temtinge Ane Jinckines wife of Ranald Jenckings to unchastity & for urginge her all most by fforse both by words & such acctions so unsivell wch I am ashamed to utter: this Shee Testifies to sent hee have an admon & fees of Court
we Present Phillipe Bendall Sarvant to Mr Richard Cutt for Swareine: tacking the Houle Nam of God wt bloodie. . .. & for his abuse to his master: & for his unsivell Cariage in the ffamiley: to the Il example of Sarvants so to doe being Confest
wittnes John Roberts of Dover & Joseph Austine
Sentence of Court to be forth with whipt to ye number of 20 stripes & fees court
we Present Lenonard weekes for Swareing by god & Callinge John Hall of Greenland ould dogg & ould Slave & that he would knocke him in the head: this is testifid by Thomas Peverley & Joseph Attkinson Confest sentence to pav 108 for swaring, & to have an admonition for his reviling & threttning speeches & fees Court
We Present Richard Pinkum Of Dover for abusinge his wife wt threatinge Speeches that did shee Com hom by day or night
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NEW HAMPSHIRE COURT RECORDS
he would beat her: in so much that shee Cam to me who doe testifie this: wt request to be secured from the feare & danger she stood in of her husband; & it was wittnesed to him lickwise by Henr Robt & Jerime Tibett
witness Elder Hateevell Nutter
Confest Sentence admonit & fees court 28 6ª fes
We Present Thomas Kenney of Dover for being charg for a lier # Thos Layton & Thomas Nocke: the sayd Layton de- manding of Thomas Kenney how much Corne was ther & he ansred seven bushells: Thomas Layton ansered that was an ould one: then Thomas Keney sayd it was not a bove seven bushells & a halfe thus far Thos nock Testifies: Thomas Layton ads it was a leven bushalls: & so Testifies
wittnesses Tho& Layton & Thos nock
sent: to have admoniti & fees court
we Present william Kibbe of Dover & his wife for being un- chast befor their mariage: the profe doe apper in the time of her delivery :
gon out of the towne
we Present the Indian woman marie George Waltons Servant for her unchastity beinge delivered of a child & haveing no Hus- band
Publicke Testimonie
Sentence of court to pay 40s & fees Court
we Present Richard Corrin m' Richard Cutts Sarvant for his unchastity wt a woman now Dead
. confest sentence to pay 408 or to be wipt the numbr of 10 strips his mr engages to pay a fine & fees 308
we Present Thos Everie for being in Drincke on the Lords day & for his unsivell carriage bateing John webstares quart pott against his owne head being denied Drinck by John webster
confest sentence 38 4ª drinking & 58 brack saboth
Jnº Roberts & Phillip Chesley tooke ye oath of Constab® for ye towne of Dover for ye yeare ensuing & untill a new be chosen & sworne
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NEW HAMPSHIRE COURT RECORDS
Thomas Jackson came before ye Court & tooke ye oath of Constable for portsmouth for ye yeere ensuing & untill a new be chosen & Sworne.
Robert Mattoone is by this Court chosen Marshall & tooke his oath for ye faithfull discharge of his office.
Jnº Hunkins came before the Court & tooke ye Com'issors oath for ye ending of Small Causes at ye Iles of sholes for ye yeer ensuing & untill a New be chosen & sworne.
Richard Comings p1 agt walt' Abbut in an accon of trespas upon the Case for ffalling his timber digging his grownd & for with holding his land & Inheritance agat his Lawfull right to his great damage withdrawn
The defendt is granted 21 148 6ª cost
James Leech in ye behalf of Jane Leech formerly the wife of walt' Mechemor p' agat Ric: Comings defendt in an accon of the case for his ye sª Mechemors quarter pt of fish taken upon a voyage wth ye said Comings aboute ii yeers since, ffor carying on of wch voyage ye sª Mitchemor fownd 14 pt of victualling & never had his quart' pt out nor acco of wt became of it. Non suted, ye defent granted his cost I1 18 4d
Jnº Hunkins p' agt Thomas Johnson defent in an acc'on of debt due by bill to ye vallue of 71 Jury finds for the p' the bill of 71 to be pd in Country pay & 15ª cost of Court. Execution respetted to ye last of June 1661
Walt' Abbutt p1 agat Jnº Hunkins defent in An accon of ye case concerning two oxen of ye sd Abbutts used by the sª Hunkins in his Imploy & soe abused that ye one is dead & ye other soe Injured yt he is not fitt for serviss.
Jury finds for ye p1 81 3ª 4ª damages & 21 68 Id cost the p1 is to returne to ye defendt wt he made of the dead ox : ye dead ox sould for 21 II 2 the ball. is 71 18 3
Jnº Hall p1 agt Sam' Haynes deft in an acc'on upon the case for coming upon his Meadow forceably & mowing his grass & carying a way his hay Non suted
The defendt is granted his cost I1 38 0d.
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NEW HAMPSHIRE COURT RECORDS
Capt Brian pendleton p1 agat mr Roger Spencer deft in an accon of ye case for breach of Covent concerning a Neck of Land & stock upon it at winter harbor
Mr Henry Sherburne Jnº Sherburne & Tho: Walford in be- halfe of ye Towne of portsmouth p' agt George Walton defent in an accon of ye case for refusing to give the Towne securitie to save them from being burthened wth charge by goodm: Dus- tin & his famyly being brought into ye towne by ye sd walton
Upon ye defents promise of giving the towne 201 bond & paying the cost of this acc'on this sute is withdrawen.
Tho: Crawley p' agt Tho Canny deft in an acc'on of trespass upon ye case for deteining a bill. with drawen
Tho: Crawley in ye behalfe of his daughter phebe p' agt Tho: Canny deft in an acc'on of Slander & defamac'on His Daughter being undr age & not having chosen a Gardian is Nonsuted.
Stephen fford & Ric: Endle p1 agt m' Edmo: pickard defent in an acc'on of ye case for with holding a peece of stage roome yt he tooke into his posession of theres at Smuttinose Iland & promised to render it up againe at ye end of ye voyage the de- fendt consented this acc'on should proceed. Jury finds for ye p1 the stage roome in Question, & 31 5ª 7ª cost of court
Tho: Johnson p' agat Jnº Hunkins defent in an acc'on of ye case for with holding a Just recompence due for a servant lett unto Herculus Hunkins ye sd Jnº Hunkins wife being heire to ye sd Herculus Hunkins estate, Nonsuted The defendt is granted 14ª 6ª cost
Mrs Johanna Sedgwick p1 agt Walt' Mathews defent in an acc'on of ye case for deteining a mooring ankor & fishing & flake roome that was Major Sedgwickes deceased, the p' not declaring und' wt title she sued is nonsuted, & ye defen' is granted 8ª cost
phillip chesley p1 agt James Middleton deft for not Øforming a yeers serviss unto wch he was engaged & for woh he tooke earnest This accon was cast out of Court the damage appearing und' 408. Granted ye defen 21 10d for his cost.
Phillip chesley sen' p' agt mrs Tammason Mathews deft in an
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NEW HAMPSHIRE COURT RECORDS
acc'on of the case for deteining of aboute three acres of marsh given him by the towne of Dover with drawen, Granted to ye deft 11 15ª Od cost
Gregory Jeffery p1 agt walt' Abbut deft in an acc'on of the case for 201 due by bargaine to be pd at ye Iles of Sholes in mert ffish at ye end of ye spring voyage in ye yeere 1659 for a yoke of oxen, referd to ye bench they ord' the defent to pay 201 to ye pl according to the bargaine, & ye p' to beare his owne cost.
Mathew Ham pl agat Moses Gilman deft in an acc'on of the case for taking away a Mare of his ffrom Capt Wiggins in or aboute ye m° of Janua' last & not returning of her againe. with drawen
Ralph Hall p1 agat Ralph Twamble deft in an accon of the case for with holding a debt of 6: 178 7d due upon ye ball. of accts as appeareth by booke, withdrawen
Jnº Odiorne p1 agt Tobias Langden deft in an accon of the case for deteining a quart' of fish taken upon a fishing voyage this winter & spring for wch end the sd odiorne put in boate & sundry #visions vizt porke & mackrell, withdrawen.
Mr Jnº Cutt p1 agt Thomas Willy deft in an acc'on of debt of upwards of 2001 due by booke withdrawen.
Mr Henry Sherburne p1 agt Stephen fford and peter Wallis defts in an accon of the case for Keeping his boate upon his ye sd mr sherburns Mooring to his damage whereby his boate is staved Withdrawen.
George Walton p1 agt Allexsander Jones defent in an accon of Appeale from ye com'isson Court in portsmouth concerning a peece of meadow, the på & deft have referred all differences de- pending betweene them in Court to be determined & ended.
George Walton p1 agt Allexsandr Jones defent in an accon of trespas upon the case for pulling downe his ffence & Laying his Lane Com'on whereby the sd Walton is dampnified. With- drawen.
That whereas there are two acc'ons as above com'enced by George Walton agat Allexsandr Jones the one of appeale & the
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NEW HAMPSHIRE COURT RECORDS
other of trespass, being by the Concent of both Aties putt to yo bench to heare determin & end together with all other differences referring thereunto, This Court having heard & throughly Considered the same doe ord' as ffolloweth, That ye sd George Walton & his heires for ever shall peaceably enjoy & posess the said Marsh without any Lett or mollestac'on by the said Jones or any from by or und' him, ye said Walton paying or causing to be pd unto ye sd Jones the summ of fortie shillings, & either #tie to beare there owne cost & charge touching these sutes, together wth what Trespass the one hath sustained by the other, & this to be a finall end of all differences in ye cases prmised
This Court grants Jnº ffabins Letters of Administracon on ye estate of Katherine Johns widow deceased & doth Injoyne him to bring in an Inventory of her estate to ye next Com'ission Court at the Iles of sholes to be sworne unto & then Returned to this Court to be entred
Granted to Ann Bachelor powr of Administrac'on to ye estate of her husband Allexsand' Bachelor deceased, & Impowers Elias Stileman to give her her oath concerning the truth of her Inventory.
Capt Waldern & m' Hill tooke oath of associates
It is Granted by this Court unto Wm ffollett power to Ad- minister on the estate of Marker Hinger & to bring in an In- ventory of his estate to the next Court of Dover or portsmouth
The Last Will & testament of mrs Johanna ffernald brought into Court & proved by Elias Stileman & Anthony Ellens who tooke oath thereto Alsoe an Inventory of 1181 98 6ª to weh Eliza- beth ffirnald took oath of & promised that wt more she should Know of ye estate should be Inserted.
This Court ordre that the child begotten by Richard Corrin of Mary poole shall be Kept & maintained by the sd Richard Corrin
It is ordered by this Court that Mary the Indian Woman servant to George Walton shall pay unto the sd walton twentie
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NEW HAMPSHIRE COURT RECORDS
Nobles for a recompence of the charge he hath been at aboute her & her child unto this day, & not to depart out of his serviss , untill it be pd or good securitie given for the paymt thereof
George Walton came into Court & desireing to have his Licence Renewed for the Keeping a house of comon entertaine- ment & a Taverne, & that he might have Libertie to sell strong waters In ye towne of portsmouth this Court accordingly doth grant ye same unto him
It is Granted unto Walt' Abbutt the renual of his Licence to Keepe a house of Com'on entertainemt & to sell wins & strong waters in the towne of portsmo
George Jones being by the Com'issionrs of portsmouth bound in a bond of tenn pownds to appeare at this Court to Answr for his misdemeanor in opposing the Constable in the Execution of his office, & not appearing being Legalley called, this Court declares his bond forfited
Chareles Buckney being prsented to this Court by the Towne of Dover for clerke of the writts in the roome of Left pumfrey This Court confirmes him in ye same.
Capt Ric: waldern is deputed by this Court to Administer the oath to ye three Commissors of Dover for ending of Small causes
Mathew Giles Sommoning of Walt" Mathews to this Court & not prosecuting agat him this Court grants unto the sd Mathews 8ª for his attendance.
The last Will & testamt of Jeremiah Walford brought Into Court & proved by Hen: Sherburne & Thomas Walford who tooke oath to ye same, & the Executors are Injoyned to bring in an Inventory of his estate to the Court of Adjournmt held at Dover or portsmouth
Jnº Davis tooke oath of clerke of the markett for ye Towne of Dover for ye yeare ensuing & untill a new be chosen.
Whereas many Inconveniences doe fall out in poynt of execu- tion of Justice & punishmt of offenders, & that many times they escape punishment & thereby many Ill minded persons take incouragement to doe wickedly & thereby god is much dis-
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NEW HAMPSHIRE COURT RECORDS
honored by sins Increasing, Now for the preventing thereof This Court doth order that a prison house be built in some Convenient place In ye Towne of Dover of 20 ffoote Long & 16 ffoote wide & 7 or 10 ffoote high on ye wall, with a good stone walled Celler of 14 ffoote square at ye least with two or 3 Iron rings made fast in ye wall with one or 2 good planked fflooers in the house & alsoe yt there be {vided convenient chaines Lockes Gines & wt other utencells are necessary to lay upon unruly offenders, & that ye charges be borne by this Countie in way of rate & Capt pendleton & Capt Walderne are Appoynted a Com'itte to se this work effectually formed & hereby they have pow' to require the abovesaid rate by distreine or other- wise, & alsoe ye said Com'itte have powr to press men or wt else is needfull for ye effecting ye sd worke paying Convenient wages to those that they soe Imploy -
That whereas Wm Lemon deceaseing & Leaving no written will behind him concerning his estate, And Mr Antipas Mavick Exhibiting to this Court testimony that ye sd Lemon gave him his estate before witness, This Court accordingly doth allow thereof, provided the sd Maverick doth enter into 201 bond to be responsall for ye sd estate to any other that shall make proofe of a better title to ye same & is hereby enjoyned to bring in an Inventory of the estate to ye next Countie Court at dover or portsmouth
Antipas Maverick of Kittery doth acknowledg himselfe to stand indebted unto the Tressur of this Court & his Sucksessers in the true & Just summ of 201 ster' well & truly to be pd by him his heires Executor Administratre The Condition of this obligac'on is that if any {son shall make better proofe to ye estate of wm Lemon above said, to return the same unto such Øson & that then this bond to be voide & of none effect other- wise to stand in full force pow' & vertue.
Prsentments
Phillip Bendall Servt to M' Rich : Cutt being prnted for Swear- ing, taking ye great name of God wth bloody Execrations & for
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NEW HAMPSHIRE COURT RECORDS
his abuse to his master & for his unsivill Cariage in ye famyly to ye Ill Example of servts soe to doe, Sentenced to be forthwith whipt to ye Numbr of 20 stripes & pay fees of Court 2ª 6d
Witness Jnº Roberts Jos: Austin
We prsent Mary the Indian woman Georg Waltons Servt for her unchastitie being delivered of a child & having noe husband. Sentence of Court to pay a fine of 408 & fees of Court 2ª 6d
We prsent Richard Corrin Mr Ric: Cutt servt for his unchas- titie with a woman now dead Confest
Sentence of Court to pay a fine of 40s & ffees Court 28 6d
Jnº Webster is Licensed to cell beare & bread & to Keep a house of com'on entertainment
The Court is adjourned to ye 12° July or return of the com'is- sonra from the Eastward
portsmouth ye 12 July 1660
prsent Major Atherton Capt Pendleton
Granted unto Mr Jnº Cutt powr of Administrac'on on ye estate of Jnº Jackson who died upon Iles of Sholes & the sd Cutt is en- joyned to bring in an Inventory of his estate to ye next Com- mission Court at Portsmouth
The Majestrates declaire that the charge and Expense of the Jurys of Inquest aboute ye man Kild wth ye tree & ye man drowned at bloody poynt be pd by the Inhabitants of Dover: & that the expence of the Comission's this day at wat" Abbutts be paid by the sd towne.
Mr Edward Loyd mercht came before me Elias Stileman Re- corder for portsmouth in Piscattaqe River in New-England & did protest & declaire agat Mons' James Richard Comandr of the good ship Mary of Nance together with ye company belong- ing to ye sd ship for neglecting his & there times, In not taking in goods after they were by the sd ship side two or three dayes, & for not setting sayle from the sd River to ye Iles of sholes for to take in the rest of the sd ships Lading, but Loosing a fare opper-
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NEW HAMPSHIRE COURT RECORDS
tunitie of wind & weather to ye great damage of ye sd Loyd & his principles, All wch the sd Loyd declares & protests agat the sd Mons" Richard & company for the recovery of such damages as may arise by meanes of the neglects & defects abovesaid ye wch ye sd Loyd shall & wilbe ready to prove in convenient time & place
This declaired & protested by Edward Loyd merch' In ports- mouth the 25 Augut 1660 Before me
Elias Stileman Recordr
The deposition of Jane Drake, this Depont witnesseth that I being a poseser & a liver here before m' Williams came to New England mr Williams came to this place to sett downe after he here was come there came one Goodman Clifton to my house & desired of my husband and I a place to be in for ye prsent till he could Øvide himselfe & a while after wee having occasion to use or house wee desired him to {vide himselfe & he told us he could not tell where, my husband told him if that he would aske m' Williams he did not Question but he would give him a place to sett downe upon whereby he might live comfortably & he told him that mr Williams & his wife were to com to dinner to my . house on ye next day & m' Williams did com but not his wife she being not well & goodman Clifton did then make him a place to set down upon m' Williams Asked him where he did desire to set down & he told him a little wayes of of goodman Brackett & mª Williams & my husband & goodman Clifton did walke out before dinner to see ye place & came back againe, mr Williams asked him how much Land he did desire & told him a little land would serve a seaman he thought an acre or two would serve his use, I standing by saying his wife being a younge woman might have children and they might grow up & plant when he was at sea, he saying then unto me it was well spoken, I doe give him seaven or eight acres to set down upon, this being done in my house my husband & I witnessing it, & this gift web mr Williams did give to this Clifton this Clifton did sell it to goodman Abbutt
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NEW HAMPSHIRE COURT RECORDS
& his wife aboute some twentie years agone or there aboute wch was many yeeres posest before m' Williams sold his land to Thomas Turpin by Clifton & Walter Abbut & further I saith not
Sworne in Court ye 27 June 1660
vera Copia as attests
₱ Elias Stileman Cleric Elias Stileman Recordr
The deposition of Anthony Brackett aged aboute 47 yeers
That aboute eighteen yeers agone he being hired by goodman Abbut to digg a Celler whereon his house now standeth m' Wil- liams Asked him who set him to worke he the sd depont An- swred goodman Abbut, but m' Williams Answered he entrenches a little on ye high way, but with all replied it was noe great mat- ter & soe went a way, moreover this depont witnesseth that after- wards he having laid sum fenceing stuff on walter Abbut his land Boatsen Clifton came very Angerly to him telling him that he had Intrenched on walter Abbuts Land whereupon I caried my fencing stuff away & further saith not
Taken upon oath ye 27 June 60 In Court
veria Copia as attests
₹ Elias Stileman Cleric Elias Stileman Record"
This depont saith that when m' Williams sould his house & Lands that ye Inhabitants that did live on the neck might Keepe there cattle to feed on ye neck if they would be at ye charge to Keep up the fence of two railes & further saith not
Wm Seavy
Sworne in Court ye 17º June 60
vera Copia as attests
Elias Stileman Cleric Elias Stileman Record
The deposition of Jnº Jones with Ann his wife
That Wm Clifton with his wife twentie yeers agone or there aboutes came to there house desireing them to let them have house roome in there house a little while telling them that they had sould all there right & title from m' Williams his grant to Walter Abbutt wch they said buttes upon the cart path that
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NEW HAMPSHIRE COURT RECORDS
came from the fresh marsh to m' Williams his Land & further say not.
Taken upon oath before the Court ye 27 June 1660:
vera Copia as attests
₱ Elias Stileman Cleric: Elias Stileman Record
The deposition of Jnº Sherburn & phillip Lewis
These deponents say that there were severall houses on ye neck of land now in Controversie before ye sd neck was inclosed by mr Williams, further these deponts say not.
Sworne in Court the 27 June 60
vera Copia as attests
₱ Elias Stileman Cleric Elias Stileman Recordr
At a Countie Court held at Dover ye 25° June 1661 prsent Capt Wiggins Capt Ting Capt Walderne m' Edw: Hilton Gran Jury
Deacon Jnº Hall
Jnº Martin
James Johnson
Hen : Langstar
Ant: Brackett
Tho. Hanscum
Job: Clemmonts
Jnº Meader
Jnº Sherburne Jnº Hill
Rich: Jackson
Walt' Neale
Jury of Trialls
Nathan11 Drake
Wm Cotten
portsmº
Tho peverly
ffran : Drake Wm ffurber
Tho: Wiggins
Ens: Jnº Daviss
Dover
Wm Roberts Rich : Oates Jnº Woodman Tho: Humphres Jnº Dam
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NEW HAMPSHIRE COURT RECORDS
Jnº Roberts in rooms of Wm furber in Littlefeilds acc'on
Mr Rich: Cutt & Anton: Ellens being Som'ons to Appeare to serve on ye Gran Jury & not attending the serviss are fined 68 8d a peece
Jnº Hall p1 agat Sam : Haynes deft in an acc'on of trespas upon the case for Cutting his grass and carying away his hay to his great damage.
This acc'on is withdrawen by consent of p & defent
Peter Coffin Tressur in ye behalfe of ye Towne of Dover p1 agat Wm ffurber & Tho: Canney partners defendts for with holding rent due to ye Towne of Dover for the accom'adating of a saw mill at fresh Creeke fro. the yeere 56 At 61 } An'um & damages for want thereof
Jury finds for ye p1 301 damage & 11 48 8ª Cost
Abra. Conley p1 agat Ralph Twamley defent in an acc'on of the case for refusing to pay him for ye 12 of a barr1 of powd' bought . by him
Jury finds for ye defent Cost of Court
Dover 25° June 1661
Henry Tibbitt p1 agt wm ffurber defendt in the behalfe of the Towne of Dover deft in an acc'on of ye case Concerning 30 acres of Land adjoyneing to his marsh at Winecot River wch was granted unto him by the towne of Dover aforesd. Withdrawen, & deft allowed 4ª for his attending
Jnº pickering p1 agt Walt' Abbut defen in an accon of appeale from the Com'ission Court held at portsmouth ye 3ª of Sept 1660
Jury finds for ye pl ye reversion of the Judgmt & Cost of Court 21 shillings & 108 3ª cost at comission Court:
Mathew Ham pl agt James Johnson deft in an acc'on of the case for deteining a Mare of his ye sª Hams
Jury ffinds for ye p1 the Mare in Controversie & 21 38 6ª costs of Court
John Shakerly p1 agt Zachariah Taylor deft com'and' of ye Ship ffortune in an acc'on of the case for with holding aboute 41
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NEW HAMPSHIRE COURT RECORDS
due to him for wages. Nonsuted & deft Granted 4ª for at- tending.
Francis Littlefeild p1 agt Wm ffurber deft in an acc'on of the Case for with holding 12 acres of marsh bought of him at Quo- checho by the side of ye great hill : & damag
Jury finds for the defent Cost of Court 68 6d
Wm Godin p1 agt Thomas Kemboll defent in an acc'on of the Case for with holding & keeping back the sum of 41 10" or there aboutes for wages. Withdrawen.
The Court ordrs that those chosen by the Towne of ports- mouth for Constables for ye yeere ensewing shall forth with take there oathes before ye com'isson's of that Towne, wch if they re- fuse to pay a fine according to Law & ye towne to chuse others in there Roome.
At ye same Court June 26 1661
Thomas Layton makeing a motion to this Court to bee freed from Com'on trayning, is granted him he paying tenn shillings a yeere to ye trayne band at Dover.
Tho: ffooteman makeing request to this Court to be ffree from com'on trayning is granted paying 8% { Anim to the traine Com- pany at Dover
Tho: Canney of Dover desireing this Court to ffree him from Com'on training by reason he hath Lost his eiesight is granted him
The Last will & testamt of Widdow Ann Bachelor brought in to Court & proved by Mary Walford & Ann Hart who tooke oath to ye same, is allowed
The executors of ye sd will brought in an Inventory of the estate & are enjoyned that we shall further appeare to be due to the es- tate or from the estate to any, to bring it into ye next Court held at portsmouth
The Widdow Bachelor having sould unto James Leech the time she had in Tho: payne, the executors desiring this Court to allow & Confirme the same, wch accordingly they doe, & the sd Leech is Injoyned to teach him the sd payne his trade of
i
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NEW HAMPSHIRE COURT RECORDS
weaving, wch the sd Leech promises to doe his best endeavor thereaboutes.
Jnº Heard & Tho: Nock took oath of Constables for Dov' for the yeere ensueing.
Edward Clarke tooke Constables oath for portsmouth for the yeere ensuing.
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