USA > New Hampshire > New Hampshire court records 1640-1692 > Part 15
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Inventory brought into Court amounting to 861 68 3ª unto wch the widow tooke her oath & promised that if there did any more appear she would bring it in that it might be added :
upon Complt of ffrancis Drake unto this Court yt he was much
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NEW HAMPSHIRE COURT RECORDS
Injured by many high wayes Layd through his Land more of privat use then otherwise whereby his Land was separated into percells: & his charge of fencing increased besides other Incon- veniency This Court ordre that the select men of portsmouth shall forth with Regulate the same according to ye Law to the high wayes fo: 37: Sec: 2ª:
Jnº Moss Constable of portsmouth being complained of unto this Court by Capt pendleton for the Neglect of his dutie in Executing his office upon a Quaker Confest by him, This Court Sentence him to pay a fine of 40 shill: & ffees Court
Upon the humble request of sd Moss to have his fine remited, this Court grants this favor that the Execution of his fine shalbe suspended untill the next Court held at Dover & then & there to bring in his acct of Expence of time aboute the publique serviss wch he complaines of the burden of wch shalbe allowd him out of his fine.
Capt Waldren mr Jnº Cutt m' Richard Cut Mr Nath: ffryer motioning to this Court to have a Licence to sell strong waters by retaile wch is granted them the Libertie to retaile the same to their fishermen & servants
phillip chestly being prsented for beating of Thomas Doutie, wch upon Exammynac'on the Court finds them both guiltie both of fighting & Abuseing one a nother Sentence them to pay a fine of 40º a pecce & to be bound in a bond of 201 a peece wth sufficient sureties to be peaseable to all men & one towards a nother untill next Court held at Dover & pay fees of Court
phillip Chestly & capt Brian pendleton doe hereby acknowledg to owe & stand indebted unto the Tressr of the towne of ports- mouth the true sume of 201 well & truly to be pd by them their heirs & Executors
The Condicon of this Recognizance is such that if the above bounden phillp chesly shall cary it peacably towards all men & towards Tho: Doutie & appeare at the next Countie Court held at Dover that then this Recognizance shalbe voyd & of none efect otherwise to stand in full force powr & vertue
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NEW HAMPSHIRE COURT RECORDS
Thomas Doutie & Jnº Winget doth acknowledg to owe & stand indebted unto ye tress' of the town of portsmouth the true sum of 201 to be pd by them their heirs & Executors
The Condicon of this obligac'on is such that if the sd Thomas Doute doe carie it peaceably towards all men & in speciall to- wards ph: chesly & shall appeare at next Countie Court held at Dover then this obligac'on to be voyd & of none efect otherwise to stand in full force powr & vertue
Tho: Doutie prsented for being in drinke proved by the Con- stable - sentence of Court to pay a fine of 3ª 4ª & fees of Court
Abraham Corbit of portsmouth being prsented by a Certificate und' the hand of ye Constab as chosen by the sd towne for Cleric of the writts the Court refused to allow him, because there was a sufficient person already Established in the sª office, but es- pecially because the sª Corbitt had presumed to Issue forth sundry warrs in his Mate's Name before he was prsented for al- lowance, whereby severall persons were som'oned & attached, who complained to this Court of the Illegallitie thereof, where- upon the Court sent for ye sd Corbitt, whoe acknowledged he had Issued forth such warrts, & being required to give Reason for his soe acting, his answr was that he was urged thereunto by some of the Towne, because ye old Cleric of ye writts was absent at that time at Salem & had been soe a Considerable time, weh Answr being not satisfactory to ye Court, & considering the Nature of his offence that any privat person without Legall authoritie should presume to put forth writts in his matice Name, whereby the officers were ensnared, the persons & goods of his maties subjects Illegally attached, & ye authoritie of his matie & the Countrey abused, The Court doe Judg meete to bind over the sd Corbit to answr for his offence at the next ses- sion of the Gen11 Court in october & doe ord' that he give one hundred pownd bond, with sufficient sureties for his personall appearance accordingly & to abide the ordr of the sd Court, & the Cleric of this Court is ordered carefully to transmit all the
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NEW HAMPSHIRE COURT RECORDS
writings concerning this case unto the secretary together with a Coppie of this ord' in some convenient time before the sd Court
Abraham Corbit James Johnson & Jnº pickering all of portsmo doe acknowledg themselves to stand bound unto the Tresurr of this Countie vizt the Massatusets Collony, in the true sume of one hundred pownd ster1, well & truly to be pd by them their heires Executors & Administrators
The Condic'on of this Recognizance is such that if the abovesd Abraham Corbit doe make his personall appearance at the next Sessions of ye gener" Court holden in Boston in Octobr next ensueing to answr his offence abovsd, & abide the ord' of the Court & not depart wthout Licence, that then this Recognizance to be voyd & of none effect, otherwise to stand in full force powr & vertue.
phillip Chestly volluntarly coming into Court & Informed that m' Corbet sould him as much strong water as cost him 128 & that he gave his wife ye mony - the further inquirie thereinto & dealling aboute is Left to the associates to heare & punish the offending #tie according to Law:
The Last will & testamt of Jnº Martin Brought into Court & proved by m' Joshua Moodey who tooke oath there unto:
Capt Walderne Informing this Court that Clemt Ralfe confest to him that he had sould or trucked wth the Indianns two gall: of Liquor, & sª Ralfe owning in Court that he had sould or given them one quart the Court sentence him to pay a fine of 101 & fees. Capt Waldernes testimoney is upon file
phillip Chestly moving this Court to grant him cost for his attending this Court & Imprisonmt 9 dayes wch he deposed in Court through the Illegall Issuing forth of warrant by m' Abra' Corbit this Court Leaves him to seeke his recompence & damage from the Constable that did arest him & sª Corbitt who Con- trary to Law Issued forth such warrants
Upon Compl' of Wahanamanet Sagam' of piscattaqua that he is mollested by Sume Englishmen in his Lawfull employmt of
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NEW HAMPSHIRE COURT RECORDS
fishing in the Rivers, Coves & other places, & his Cannooes taken from him, & his people contrary to Lawes & liberties allowed to every Inhabitant, title Libertis Como' pa: 50
It is therefore ordered by this Court that noe Inhabitant wtever shall mollest ye sd Sagamor or any of his people in there Lawfull Imploymts, & if any shall doe contrary hereunto, upon his complat to the Associates they are desired to give him releif according to Justice
George Walton being prsented for digging & spoyling the high way whereby people are in danger of theire Lives The Court orders him to mend it within a month or pay a fine of 51 & fees Court
prsentments
Joseph Atkeson prsented for fighting wth Thomas Darmon, confest, The Court sentence him to have an admonition it being the first time, wch he had: & fees
Jnº Shackerly prsented for swearing severall times Sentence of Court to pay fine of 208 & ffees:
Jeffery Currier & Edw: Oney p'nted for being drunk & abusing the Constable & saileing on the Lds day Sentence to pay 10' a peece fine & ffees Court
John Tanner & Xtoph' Banfeild for Excessive drinking & fighting, sentence to pay a fine of 38 4ª a peece: & fees of Court
The Towne of portsmouth for not having a pr of stockes. It appearing to this Court that there were stockes but were Lately broken by Seamen, the Court ordre that they shalbe forth with mended or the towne to be fined, & pay fees of Court
George Walton for not coming to ye meeting for severall monthes, the Court finds 12 dayes Neglect Sentence to pay 31 fine & fees :
This Court grants pow' of Administrac'on to the estate of Wm Urin deceased unto mr Jonathan Wade Capt pendleton m' Rich: Cutt & m' Nath ffryer: who brought in an Inventory amounting unto 4331 12 8:
The Commissors or associates of portsmouth are to give the
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NEW HAMPSHIRE COURT RECORDS
new Constables their oath & if they shall refuse to fine them & the towne to chuse againe
Whereas there are some differences betweene sundry Inhabi- tants of the Towne of portsmouth & ye sd Towne concerning grants of Lands within ye sd Towne, wch hath occasioned the entrie of severall actions in the prsent Court held at portsmouth by John Hunkins John pickering James Johnson mr Hen: sherburne pls agat the Towne deft wch acc'ons with divers of Like nature that hereafter may be com'enced are Like in all probabillitie to worke great disquiet & desention in ye sd place to ye dishon' of God & ye greefe of good men, should they be ¡ceeded in, wch acc'ons alsoe seeme to be intangled & obstructed by the interest of parties Impleading & impleaded as well as the greatest part of the Jurours Inhabitants of the towne aforesd The Considerac'on of ye p'mises moved the Court to perswade all #sons concerned to refer the aforesd differences to sum Judicious & un Interested persons for a full & finall determyna- c'on, wch motion the Aties above menc'oned on the one ite & sume of the Selectmen together wth Elias Stileman Atturney for the sd select men in behalfe of the towne Consenting there- unto in behalfe of the sd Towne and Nomynating persons here- after Named. This Court doth therefore ord' & Appoynt with the consent of the abovesd parties that m' Tho: Broughton Capt Robert pike & Capt wm Gerrish to be a Com'itte to heare . & determyn all matters & things touching all former grants & devidents of Lands heretofore granted, And wtever any two of them shall agree conclude & declaire und' theire hands as theire determynac'on in the premisses (provided the same be done before the Last day of septemb: Next) It shall be binding & conclusive to all intents & porposes unto all persons concerned therein
Whereas there hath been & Still are differences between the Inhabitants of the towne of Dover & Oyster River concerning.
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NEW HAMPSHIRE COURT RECORDS
accompts aboute the Ministrey & sundry things referring there- unto, woh ffor the full Issuing & settlem' of the same, This Court made a motion to wm ffollett Thomas ffootman, Rob' Burnam & John Goddard for themselves & in behalfe of the rest of the Inhabitants of oyster River, & Cap' Walderne in the behalfe of the Towne of Dover, to refer the same to a hearing determynac'on & full settlemt unto m' Thomas Broughton, Capt pike & Capt Gerrish, & that wt any Two of them should agree & declare und' theire hands touching the premisses, all persons concerned therein should aquiess & rest sattisfied In: provided this be done at or by the sixt day of october next ensuing, unto wch motion of the Court the abovsd ffollett, ffoot -. man Burnam and Goddard for themselves & in behalfe of the rest of the Inhabitants of Oyster River, & Capt Richard Waldren in behalfe of the Towne of Dover in the prnts of this Court did engage themselves each to other to stand unto:
The Court allowes those that gave attendance upon the majgestrats at Wat' Abbutts 108 & to Jnº Jones for his attend- ance 68 - Alsoe allowes Mrshal wayt 408 to be allowed by the Tress' for his attendance on ye worp" Capt Gookin
At a Meeting of two of the Associates & Cleric of the Countie Court the 16th of Janua' 1664
Capt pendleton L' Ric: Cutt Elias Stileman Cleric
Thomas prichard of Barnstable in old England dying at Sea Intestate, It is granted unto m' George Monjoy powr of Ad- ministrac'on to his Estate whoe is Enjoynd to bring in to ye Next Countie Court held at Dover or portsmo a true Inventory of his the sd prichards Estate.
At a Countie Court held in Dover ye 27° June 1665
prsent Mr Simonds m' Th: Danforth Capt Brya: pendleton Capt Walderne Capt pike Lt Rich Cutt mr Jnº Cutt associats sworne
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NEW HAMPSHIRE COURT RECORDS
The Jury of Trialls
Deacon Jnº Hall
Steven Jones
Antho: Nutter
phillip Lewis
Jnº Martin
Georg Wollis
Jnº Roberts
Marke Hunkin
Tho: Nock
Sam: Haynes
Jnº Woodman
Xtopr Banfeild
Capt Rich : Lockwood p1 agat Tobias Leare defdt in an acc'on of ye case for not delivering sd Ric: Lockwood in New-England a Øcell of Goods as # bill of Lading :
Jury finds for ye Defent Costs of Court
Jnº Webster p1 agt m' Richard Cutt defnt in an accon of the case for deteining a Mortgage made to Nicholas ffrost by sd Jnº Webster & father to the sd John somtime since
Jury finds for the defendt Cost of Court
Mr Natha11 ffryer p1 agat Hudson Leverit defent in an accon of the case for non paymt of Six pownds to Henry Shrimton according to engagemt
m' Leverit not appearing Edw: West his securite appeared for him
Jury finds for ye p1 61 mony according to engagem & 108 more for forbearance in other pay & cost of court 198
Jnº Odiorne p1 agat Tho: Seavy deft in an acc'on of the case for ffelling & carying a way his timber trees
The p1 not appearing being Legally called the deft is granted his costs 48 6d
Jno pickering p1 against Richard Hill Defent in an acc'on of the case for trespass by shuting with a Gunn a horse & a Mare of sd pickerings wch hath occasioned theire death -
Jury finds 18 pownds damages & 11 188 2ª Cost Court
Capt Walter Barefoote p1 agat Rich: Lockwood deft in an acc'on of the case for disposing of his goods contrary to ord'
Jury finds for ye defent 4 shillings cost
Capt walter Barefoote p' agat Rich: Lockwood defent in an
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NEW HAMPSHIRE COURT RECORDS
acc'on of the case for not giving him an acco' of a voyage to ye west Indies in ye vessell called Walter & Deborah :
the accots depending in this acc'on wth consent of Aties were reffered to m' Vaughan & mr ffryer to Audit ye p1 with draws his acc'on & court allows ye deft 238
Capt walter Barefoot p1 agt Sam: Workman deft in an acc'on of ye case upon accot to ye vallue of 35' or thereabouts to be pd in fish & money to ye sd Barefoot
Jury finds for the p1 161 damages : cost Court
The Court doth not concur with the Jury in this Verdict
Mr Nath : ffryer p1 agt Capt Edw. Blagg def in an accon of the case for 121 pd him
Jury finds for ye defendt Cost court
Thomas Beard p1 agt Rich : Allison deft in an acc'on of debt of 41 128 4ª due by booke.
Jury finds for the p1 41 12e 4ª damags & cost 20° 3d
Jnº Bray p1 agat Capt Miles piles in an acc'on of debt for worke about his shipp
The p1 & defendt being both of the Counte of yorke this acc'on could not Øceed here
M+ Wm Vaughan p' agat Capt ffran : Champernown def in an acc'on of debt due by bill to ye vallue of 451 17ª 10ª in specie according to bill, viz+ 151 in fish & the rest in red oake pipe staves at 31 10% { M & 108 forbearance & cost court 298 -
Peter Glanfield p1 agt Jnº More deft in an acc'on of defamac'on for saing he was an old cheating Rogue & that he had stolen a yard & half of cloth out of his sª Jnº Mores cape & yt he would prove it
Jury finds for the p1 28 damage & cost of court 41ª 8d
Capt Brian Pendleton p1 agt Eld' Wm Wintworth in an acc'on of the case for detining writings of his withdrawen
Capt Brian pendleton plagt Eldr Wm Wentworth in an acc'on of debt upon accot of IIo' mony withdrawen
Capt Walter Barefoot p1 agt Tho: Canny deft in an acc'on of the case for a debt due by book to ye vallue of 61 7ª 6d
Jury finds for the p1 41 58 & cost 16ª
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NEW HAMPSHIRE COURT RECORDS
Jnº Robberts p1 in behalfe of ye Towne of Dovr against Ric: Allisson defent in an acc'on of ye Case for not giving security to the sd Towne of Dover from being charged wth ffrancis Lashly & the child she goes withall as being supposed upon Good proba- billite to be his sd Allison
Jury finds for ye p1 201 dam : & cost 11 88 6d
Jnº More p1 agt Gregory Vittery defnt in an accon of Sland' for abusing his wife by severall slanderous words & threttnings:
Jury find for ye p1 2ª damags 368 10ª cost
George Walton p1 agt Will Drew defent in an accon of the case upon accot of a ffishing voyage for not delivering ye sd George Walton his share of a fishing voyage wth the oyle the sd Drew being m':
Jury finds for ye defendt Cost of Court 11 48 Od
phillip Lewis på agat Edward Erring deft in an accon of Ap- peale
Jnº Sherburne & Robert Elliot pls against Ric: Allisson deft in an acc'on of the case for better securite for 40 od pownds they stand Engaged to pay Capt pendleton for ye sª Allisson
Jury finds for the pls 421 damages & Cost of Court 1:18: 10 Jnº Moses Came into Court & confest a Judgmt of 6 pownds 68 due to Georg Walton.
Jnº Averill came into Court & confest a Judgmt of 81 138 IId due unto m' Nath" ffryer in white oake pipe staves at 41 { M :
Sª Jnº Averill acknowledged a Judgmt of 51 198 od due to m' Nath ffryer in 3200 of mrt pine square Edged boards:
Tobias Langdon of portsm° Dying intestate This Court grants powr of Administrac'on unto his Widdow Elizabeth Landon unto his sd Estate, who at the same time brought into Court an Inventory of the Estate amounting unto 383: 98 od The wch Sum the Court ordre that the Widow shall have 1/3 pt of the house & Land during her life the other 33ds the Eldest of sd Langdon sonns to have a double portion out of it at the age of 21 yeers, wch then is to be apprised, the remander to be distributed
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NEW HAMPSHIRE COURT RECORDS
among the rest of the children at the age of 18 yeeres. And all the movables to remaine in ye hands of ye widow for the bringing up his sd children, & after the decease of the sayd Widow her 1/3 pt of house & Land in the vallue thereof to be devided among all his sd children the Eldest son paying the rest theire parts out of it & soe to have the sd 1/3 of house & Land:
upon further considerac'on the court respitts this as there de- termynation untill they take further ord' aboute the better settlemt thereof afterwards referred to the Court of associats to ordr
Mr Richard Cutt M' Hen: Sherburn Elias Stileman being chosen by the Town of portsmo Comissor for sd Towne tooke theire oathes
Mr Wm Bartholomew in the behalfe of Henry Douglas of Boston defent agat Capt Barefoot in two acc'ons & sd Barefoot not entring his acc'ons this Court allowes sd Douglas 24 shillings for his attendance to answr
This Court allowes Ralfe Twamly for his attendance to answr To m' Jnº Cutt & he not entring his acc'on 6ª 6d
Jnº ffrye Servant to James Johnson being com'itted to prison by Capt pendleton untill this Court for assalting of his Dame by night in her bed, & giving of her divers blowes weh had al- most cost her her life as it appeares unto this Court both ' y his Examynation & testimony, This Court sentences him to be forth with whipped to the Number of 30 Lashes by the Constable, And for 5 monthes Loss of time his sd master hath sustained during his Imprisonment & charges for his Carrying to prison & other wayes disburst by his sd master the Court further orders that the sd servant shall serve his sayd m' or his assignes 12 monthes more then the time menc'oned in his Indenture.
The Jury of inquest verdict concerning the untimely deathes of Wm Shipton Robt Tuck Joseph Roberts Rebecca Johnson brought into Court & remaines upon file
Upon a Complat made by severall masters of vinges on Star Iland against Widow Urin James Waymouth Roger Kelly Jno
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NEW HAMPSHIRE COURT RECORDS
More & siprus Clary for selling of beare & Liquors upon sd Iland without Licence whereby theire men were hindered in following theire busines & was owned by them all except Jnº More who was not at Court to make his answr This Court Sen- tence is That Widow Urin who having Libertie by the Comissors there to sell in time of waying fish yet had exceeded ye time Limited that she have an admonition & pay Tho: Sevy 108 & fies 28 6ª Jnº More to pay fine of 51 wch is respetted till Associat Court that if he can take it of y" Rogr Kelly to pay 51 & fees Ciprus Harvy to pay fine 51 & James Waymouth 51 & fees
James Waymouth petitioning this Court to remitt his fine for selling bear & Liquors with out Licence This Court respeteth his sd fine untill the next Court at Dovr or portsmo he paying Tho: Sevy ye Constable 108 for his paines & 28 6ª fees:
Tho: Seavy is allowed 208 to be pd by Widow Urin & James Waymouth viz 108 a peece for his panes to fetch them to this Court
Jnº Lovering tooke oath of Constable for Dover for the yeere ensuing untill a Nother be chose & sworne
Jnº Tanner is allowed by this Court 4 shillings for his attend- ance at this Court to answr peter Abbett who Som'ons him & did not enter his acc'on
Jnº Lewis is allowed by this Court 88 for his attenda' upon Wm Marston yt attached him & did not enter his acc'on agat him
Wm Broade of portsmo dying instestate this Court grants unto his son Wm Broad powr to Administer on the estate of his sd father & enjoyns him to bring in to ye next Countie Court held at Dover or portsm° an Inventory of the estate
Capt Barefoot being demanded oath & upon his oath to give in evedence wt he Knew concerning the breaking up the prison this Last night himselfe & Lazarus purman were prison's therein for present refuseth, afterward tooke his oath & upon his oath affirmed that he did not Know nor see any other man breake up the prison but Lazarus purman that was then In the prison with himselfe.
The Towne of Dover is ordered by this Court to chuse a nother
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NEW HAMPSHIRE COURT RECORDS
Constable in the roome of Ens: Jnº Davis ye Court being not willing he should Lay by his place of an Ensign for prsent
Constables of Dovr are to take there oathes before Capt Waldern & the Constables of portsmo before any of the asso- ciats or Com'isson's of sd portsm°:
Mr Richard Cutt being chosen by the Towne of portsmo to be theire Tressur & prsented to this Court is Confirmed in his sd office Likewise peter Coffin for Dov' being by them chosen for their tres' is confirmed in his sd office
The Estate of Thomas Johnson of Oyster River deceased not having any heire making clame thereunto is Comitted to the use of the Towne of Dover according unto the Law title eschates pa: 28, & this Court further orders that the Administrator to ye sd estate deliver it unto the select men of the sd Towne & a Com'itte be appoynted to audit ye sª Administrat" accot
The Com'itte agreed upon & then chosen were Capt Rich: Waldern Deacon Jnº Hall & mª petr Coffin
Jnº Roberts is by this Court chosen Marshall for the two townes of Dovr & portsmo who tooke his oath & is to be allowed 5' H an'm
This Court being informed that there is a failing of ye Admin- istrors to m' Edw: Lyds Estate by Reason of the death of one of them & the neglect of a nother doe se it meet that m' Richard Stileman that was one of them should & may act from time to time in & aboute the sd Estate by himselfe alone as all or any two of them might have done untill the Court shall take further ord' thereaboute
prsentments
Ann the wife of patrick Denmarke, and Ann the wife of Wm pitman for fighting & scuffling & Raling on against another being owned them are sentenced to set in the stockes one houre both of them with a paper pined on their brests with their faults written therein in Capitall Letters on sum publique day, Capt Walden to se the execution of this sentence performed & pay fees court 28 6ª apeece
Witness Mary Williams Elizabeth williams
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NEW HAMPSHIRE COURT RECORDS
Ann ye wife of patrick Denmark for fighting & Scuffling with phillip chesley two severall times owned & proved: sentence of Court is to be whiped to the number of 5 stripes or pay a fine of 108 & fees 28 6d
This Court being informed by the Constable of oister River that William pitman was distempered with drinke & for abusing patrick Denmarkes wife & causing strife proved Sentence to pay a fine of 8$ 4d & fees 28 6d
phillip Chesley being bound in a bond of 201 at the Last court held at portsm° & to appear at this Court to take of his bond of 201 in Keeping the peace, between wch two sayd Courts this Court being informed that sd chesly hath been fighting & Scuffelling with patrick Denmarkes wife This Court Judg him to have broken his bond & it further appearing by sufficient proof that sd chesley hath broken the Law by swearing and Cursing severall times sentence him to pay a fine of 208 & fees 309 & forth with to pay 508 of ye forfiture of his bond, & the rest respetted untill next Court held at portsm°:
The Names of such as came into Court to Renew their Licence & is granted to them
Mr Jnº Cutt
Edw: West
Mr Rich: Cutt walter Abbet
Mr Nath : ffryer
mr James pendleton
Capt Waldern
Widow Webster
Tho: Trickie
William Williams of oyster river Constable is allowed for his trouble aboute pitman & Denmarks wife 4 shill to be pd by them 2ª a peece
Thomas Canny prsented for being drunke, confest in court sentence to pay a fine of 20º being convicted of a former offence in Like Kind: & ffees:
Mr peter Coffin desired this Court that he might have a Li- cence to retale strong Liqu' unto those he doth Imploy is granted him
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NEW HAMPSHIRE COURT RECORDS
Lt pomfrey is granted by this Court Libertie to Keepe a house of com'on entertainmt & to sell wine & Liquor in house.
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