USA > New Hampshire > New Hampshire court records 1640-1692 > Part 17
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Veria Copia as attests
Elias Stileman Com'iss' Elias Stileman Record"
At a Court of Adjourmt held in portsmº 17º sept 1667
Capt Walter Barefoote complaining unto this Court how that m' Andrew Wiggins had robed him on ye high way & had taken away a pistoll from him with severall other writings of greate Concermt as at Large appears in his declarac'on und' his hand putt upon file
This Court having heard ye Case & all witnesses there aboute, find that ye charge is not proved in all the perticulers of it, butt finding yt sd Andrew Wigins thrust the sd Barefoot into a Gully & did after that in a Nother place upon some words passing betwene them sd Wiggin did turne towards sd Barefoote & faced him & suddainly thereupon both were seene upon ye grownd scuffling, the sd Barefoote demanding his pistoll of sª Wiggin weh sd Barefoote sayes he had taken from him, the wch this Court doth suspect ye sª Andrew did take from him ye prmisses con- sidered the Court Judges the sd Wiggins to have broken the peace Sentence ye sd Wiggin for ye same & for the charge the Court have been at in & aboute ye hearing of ye case & sending sevrall times ye Marshall to Exeter to bring witnesses to this Court yt he shall pay a fine of tenn pownds & to pay the wit- nesses, weh are to be brought into ye clarke & he to rectifie them according to Law & wherein he shall make doubt or scruple he is to propownd ye same to ye Court of associates for Light & direction thereaboute
Walt' Jackson petitioning the Court when Last held at Dover concerning ye wrong Mr Andrew Wiggins had done to his wife in begetting her with child while she Lived wth sd Wiggin as his
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NEW HAMPSHIRE COURT RECORDS
servant made did yn bind sd Wiggin to this Court of Adjourmt to answr sd complaint - This Court upon Examynac'on of ye same doe not find sª Andw Wiggin Guiltie of ye same, doe there- fore acquit & discharge him.
Mr And: Wiggin humbly requesting this Court to abate halfe his fine wch the Court grants him provided he pay 5 pownds to . the tress' of this Court with in six weekes else to pay ye whole 101
The Last Will of John Jones Brought into Court & proved by Roger Knight & James Drew with an Inventory of his estate amounting unto 521 wch his Executrix tooke oath unto wth a List of debts all remaineing upon file.
Jury of Inquest brought into Court there virdict concerning the untimely death of Simon Buzie remaines upon file.
The Returne of ye Com'issors to open ye voates for Tress' was that M' Nath11 ffryer is chosen :
Widow Goddard brought into Court an Inventory of ye estate of her deceased husband amounting unto 5541 28 od unto wch shee tooke her oath & promises that if any thing more coms to her Knowledg she will bring it in yt it may be added:
This Court ordre that ye sd Widdow & her sonn Jnº together with the assistance of Ens. Davis & Robert Burnam bring in to ye next Countie Court what debts ye estate owes that soe ye Court may be satisfied wt cleare estate there is that soe they may divide the same to the widow & children accordingly in ye meane time they not to dispose of ye estate or pay any debts without ye consent of Ens. Davis & Robert Burnam aforesd.
John Tuttle being Som'ons to witness in Jnº Wingetts & Job Clements prsentmt & not appearing is sentence to pay 78 6ª to sª Jnº & Job & 28 6ª fees:
Xtoph' Snell servt to Edward West who for running away from his sd m' & for suspicon of Stealling 24 peeces o 8 is sen- tenced to be whipt to ye Numbr of 15 stripes & for the charge his master has been at to gett him again ye Court ordrs that he shall serve his sd m' 12 m° more than his Indenture speaks of, his m' paying all the charge & fees 28 6ª
Edward Gold being bound over by m' Hunking Com'iss' at Iles
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NEW HAMPSHIRE COURT RECORDS
of Sholes to appear at the Last Court to answr for misdeamenors & abusing onichyrus Harvy & not to com to his house untill he had answered for it at Court but he niether observing his en- gagemt in Coming to sd Court nor absteining sª Harvys house The Court declares his bond of 301 is brook butt sd Gold petision- ing to have an abatemt made him This Court grants an abatemt to 5' he putting in securitie for ye paym' of it or Ly in prison till it be pd : peter Lewis stands bound for it 2ª 6ª ffees:
This Court grants Sarah Abbet upon her request Licence to Keepe a house of Com'on entertainmt
This Court ordre that a speciall warrt be Isued out by ye Clarke to seaze m' Abra. Corbett to appeare to answr to his prsentm'
Steven Jones being prsented for fighting at m' Corbetts owned : sentence to pay a fine of 38 4d & fees 28 6d
Math: Wms brought into Court an Inventory of ye estate of Math: Giles deceased amounting to 1651 138 Od unto weh he tooke oath
The Last will of Jnº Hart brought into Court & proved by mr Josaiah Moodey & Elias Stileman
The Will of Clemont Ralfe brought into Court & Lies on ye file being not fully proved there being butt one witness that would take oath :
Rich : Stileman motioning to have Licence to sell strong waters as other the shoppkeepers in this towne is granted
Amy Hull prsented for Comitting fornication Sentence to be whipt to ye Number of 15 stripes & fees
Henry sparke & Cromwell ye Indian prsented for fighting & exces drinking owned: sentence of court is that Cromwell shall pay a fine of ten shillings for his fighting & fees 28 6d & Hen: sparke for excess drinking 38 4d & fees 28 6d Capt walden en- gaged to see it payd :
Jnº Winget & Job Clemonts Jun' prsented for fighting not proved & they are discharged.
The Court ordrs that a speciall warr be Isued forth to Appre- hend Jnº pottle & Lay him in prison till ye Court that he answr to his prsentmt
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NEW HAMPSHIRE COURT RECORDS
The Towne of Dover for want of stockes whiping post standard weights & measures, a sealer of Leather a pownd a watch house powder match & bulletts.
The Court enjoynes ye sd Towne to provide them by ye next Countie Court at portsmo or pay five pownds & fees 28 6d
Mihill Brazen for Swearing acknowledged Sentence to pay a fine of 108 & fees 30d
Jnº pickering sen' for not ?mitting his servt Hen: Brooking to com to ye publick ordinance not proved Jnº pickering profess- ing that he did & doth send him, he is discharged
Star Iland for want of a pr of stockes: The Court ord's that they forth with provide a pr & fees 30d
James Waymouth for selling wine bear & cider by retaile, he makeing it appear that he had libertie soe to doe by reson of ye concourse of people in waying time the court accepts this answr & discharges him
Richard Wilcom for selling beare & wine & Cider by retaile without Licence owned by his wife who appeared in Court to answr this prsentmt
Sentence to pay a fine of 208 & fees shee pleading it was but in waying time
Jnº Moore of star Iland for selling of wine bear & cider with out Licence Not proved he is discharged
Jnº Winsland for selling wine by retaile with out Licence, mr Jnº Hunking gave Information yt he owned it & Left himselfe to ye Court Sentence to pay a fine of 51 & fees 30ª
Ciprus Harvy for selling wine bear & sider by retaile without Licence his wife appeared in Court to answr & this being the 2ª time that they have been Convicted for this offence sentence to pay a fine of 51 & fees upon her humble petition & their great povertie the Court abates 50 shillings
The Court being informed of ye great need that there is of som to give entertainment to strangers on Starr Iland In the time of waying of fish : doe therefore Licence James waymouth & Richard Willcom to Keepe a house of publick entertainement on Star Iland only for the time of waying of fish & to be ordered
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NEW HAMPSHIRE COURT RECORDS
when to begin & to give over by m' peter Twisden m' ffabins m' Hunking & m' Jose Masters of voyages there during weh time they may sell wine beare & Liquor they Renewing their Licence yearly as others doe
Wm Beard Jnº Smith Math: Williams Robert Watson James Smith fined 58 apeece for not coming into Court to take oath concerning ye verdict aboute the untimely death of Simon buzie wt was done is upon file:
m' dearing is granted a Licence to still Strong water & to sell ye same according to Law:
Whereas there are sundry differences betweene Capt Miles pile on ye one pte & Thomas Cruse Com'and' of ye ffriendship of Dartmº In & aboute a voyage at Verginnia this Last Winter con- cerning accots Alteration of a voyage, And Tobaccoes dampni- fied, ffor ye Issuing & determynation whereof the abovesd pties have referred ye Same Unto Capt John Birkes & Capt John peirce who have hereby full pow' to heare & determyn the same, & the sd pile & Cruse doe hereby bind themselves each to ye other in ye penall sum of three hundred pownds Ster' to stand to ye award of ye sd Gents soe chosen, & if these two cannot end it betweene themselves they have full pow' to chuse a third man whose definitive Sentence shall put a finall Issue to all such differences as abovesd provided they Give in theire award at or by ye 16th day of this Instant month provided alsoe yt they distinguish what belongeth to ye sd Cruse & company as proper to pay if they find damage there, & wt belongs to ye sª Cruse alone & distinct from ye Company In witness whereof ye abovesd Aties have set to theire hands the 12th of June 1665 Miles piles Thomas Cruse
Witness John yeamans Elias Stileman sen' Elias Stileman Jun' enterred according to ye originall ye 10th June 1668 as attests .
Elias Stileman Record'
Whereas Capt Miles piles pt owner of ye shipp ffriendship & mª Thomas Cruse & all of company of ye sd shipp have had
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NEW HAMPSHIRE COURT RECORDS
sevrall differences depending concerning a voyage made from pictattaqua to ye Island of Barbadoes & from thence to Vir- ginnia, concerning ye alteration of ye voyage & ye damage of severall hhde of Loose tobacco & accompts of severall #cells of Goods disposed of by sd m' Thomas Cruse & company, All ye sd differences being referred by sd piles & Cruse & company to us John peirce & John Birkes for ye finall determynation to heare & award all ye sd differences, have in or serious Judgmts considered all ye prmisses doe find yt ye sª Thomas Cruse & com- pany shall owe & pay to sd piles for ye damage in wetting sev- erall hhds of tobacco, for altering of the designe & for other very important reasons three monthes of theire hire or wages to be deducted from them out of their whole wages due to them for their service in sd shipp. And further we doe award yt ye sd Miles piles shall pay to the abovsd Thomas Cruse & company all theire wages due unto them from ye first day they Sailed in sd shipp to ye day of their arivall here, one third part of y' sd wages in New-England money, one third part in good m'chtble dry cod fish at price Currt at Isles of Sholes & one third part in good sound Virginia Leafe tobacco & caske at two peence halfe penny pr pound, but for all such notes wch sd piles Gave sd mr Thomas Cruse & company for former wages due unto them wee doe award ye sd piles to pay them according to ye true meaning & intent of the same, but for ye remaining besides ye notes Given by sd piles & the three monthes pay to be deducted as above specified we doe award the sd piles to pay to sª Cruse & company as above specified wthin cr- entie dayes after ye date hereof & this to be a ffull Isue & uetermynation of all sd dif- ferences Given und or hands this sixteenth day of June 1665
John Birkes
John Peirce
Signed by the Arbitrators in ye prsents of us Elias Stileman Nicholas Braddick
Recorded according to ye originall ye 10th June 1668 as attests Elias Stileman Recordr
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NEW HAMPSHIRE COURT RECORDS
At a Countie Court held in portsm° ye 30th of June 1668
prsent Mr Wm Ting Major Gen. John Leverit Cap' Rich: Walldren Capt Robt pike mr John Cutt m' Rich: Cutt Elias Stileman associates who tooke theire oathes for ye yeare ensuing
Jury of Trialls
Mr Richard Martin foreman
Leonard Weekes
Robert Burnam
John partridg
John parnill
John Lewis
Allexsan' Waldren
John Sherburne
m' Job Clements
Nathall Drake
phillip Lewis
Lt peter Coffin
Rich : Slooper
in m' Clemonts accon aded Danniell Moulton
Mr Abraham Corbett p1 agat John pickering sen' def in an acc'on of ye case for not giving of him such Legall assurance as ye Law of this Jurisdicc'on provides for Lands bought and sould, the sª Corbet having bought of sd pickering halfe an acre of Land agt ye mill creeke neere ye meting house in portsme & pd six pownds for ye same according to sd Jne pickerings ord' & yet cannot get asurance for sd Land wch is greatly to his damag Jury finds for ye defendt cost of Court 48 6d
The plant appeales from this Sentence Henry Greenland Atturny to m' Abra. Corbett & m' Nath11 ffryer of portsmo ac- knowledg themselves to Stand bound unto sd pickering in the sum of Tenn powns sterl to Acecute this appeale at ye next Court of assistance to effect according to ye Law of appeales.
Capt Walter Barefoote p1 agt Silvester Herbert deft in an acc'on of debt due by bill to ye vallue of 31 6 in fish with all due damages & forbearance.
Jury find for ye plat Is damages & Cost Court 11: 08: 06
Capt Walter Barefoote p1 agat Silvest' Herbert defend' in an acc'on of debt due by bill to ye vallue of 51 3ª in such pay as shall content sd Barefoote with all due damages & forbearance
Jury finds for ye Defent Cost of Court 6ª
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NEW HAMPSHIRE COURT RECORDS
The p' appeales from this Sentence unto ye Next Court of Assistance held at Boston, Mr Edw: Hilton Jun' & m' Henry Greenland acknowledg them selves to stand bound wth ye p1 unto ye Tress' of this Countie in ye Sum of tenn pownds Ster1 to prosecute this appeale to effect according to ye Law of appeals
William Palmer p1 ag+ Capt Walter Barefoote deft in an acc'on of ye case for taking away of 26 Tunns of shaken caske or wt may Justly appear wch were in sd palmers Costodie by vertue of an execution Levied on them as ye estate of m' Herbert for ye use of m' Lyde woh is to ye great damage of ye sd palmer, con- stable.
Jury finds for ye p1 121 Is 6ª damages & cost Court 11 88 6d
The defendt appeales from this sentence of Court unto ye next Court of assistance held at Boston: & m' Edward Hilton Jun' & m' Henry Greenland acknowledg themselves together with ye defendt to stand bound in ye sum of twentie four pownds ster unto . to Acecute this appeale to effect according to ye Law of appeales.
Silvester Herbert på agat wm palmer deft in an accon of the case for not serving to attachmts in ye sute of sd Herbert upon shaken caske sd palmer Levied an execution upon, granted mr Lyde agt sª Herbert wch is much to his damage. wm palmer ye defendt owned before ye Court he had ye plantives attachmts to serve on ye goods Levyed by him of Herberts for mr Lyde, but could not serve ym by reason yt Capt Barefoote had taken away ye shaken caske.
Jury finds for ye plant 121 18 6d damage & cost of Court 198 6ª. Silvester Herbert p1 agt Capt Walter Barefoote defend in an acc'on of debt upon accot of aboute 4 pounds, with due damages :
Jury finds for ye p1 41 Is od damages & cost court 11 78 6d
The defendt appeales from this sentence to ye Next Court of assistance held in boston & mª Edw: Hilton Jun' & m' Henry Greenland stand bound together wth the defendt in ye some of eight pownd sterl to procecute this appeale to effect according to ye Law of appeales:
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NEW HAMPSHIRE COURT RECORDS
M' Job Clemonts p1 agt Abraham Whiticker deft in an acc'on of debt due by bill to ye vallue of 71 10 & for all Just damages
Jury find for ye p1 71 10s damages in specie according to bill & cost of Court 11 78 9d
Job Clemonts p1 agt Abraham Whiticker defen' in an accon of debt to ye vallue of six pownds due by bill with all Just dam- ages: Jury finds for ye p1 61 damages & 11 78 9ª cost court :
phillip Chesley p1 agt John Odiorne deft for withholding a debt of aboute 131 128 6ª or wt may appeare Justly due-
Jury finds for ye p1 178 damage & Cost 11 108 6d
Richard Stileman p' agt David Cambell deft in an accon of the case for an Inlayd muskit Lent him as ? attachmt
Jury finds the damage und' 408 & so not triable in this Court defents cost allowed 128
Mr Natha11 ffryer p1 agt Marke Giles deft in an acc'on of the case for Lameing his Negroes servts arme by breakeing the bone.
Jury finds for ye defent Cost 88
John pickering Jun' p1 against m' Hen : Dearing defen' in an acc'on of trespass upon ye case for appropriating diggen & make- ing use of his Land wthout his Leave & consent
Jury finds for ye defent Cost 128 6d
Capt James pendleton p1 agat m' Hen: sherburne & Sarah his wife executrix to ye estate of walter Abbet concerning ye forfiture of a mortgage made to Capt pendleton by sª Abbet : withdrawen
Capt Richard Waldren p1 agt m' Henry Sherburne & Sarah his wife Administratrix to ye estate of walter Abbet deceased defts in an accon of the case for 4 pipes of wine dd sd walter Abbet in ye year 1661 to be pd in fish: withdrawen:
m' John Cutt p1 agat m' Hen : Sherburne deft in an acc'on of ye case for a debt of 321 148 II12ª for severalls dd his predicessor wal' Abbet withdrawen
m' John Cutt p1 agt mr Jnº penwill in an acc'on of ye case for not delivery of 6 butts of madary wine & 8 hhds of fish &c accord- ing to bills of Layding nor returning them againe. withdrawen :
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NEW HAMPSHIRE COURT RECORDS
John pickering sen' p' agt Ano Stanniell deft in an acc'on of ye case for that ye sd Staniell hath not made good an engagemt of II01 upon Condic'on of a mariage of sd Staniels daughter wth sd pickerings son : withdrawen
Edward West moving ye Court yt phillip chesley had arested him to this Court & had not entred his acc'on desired he might be allowed for his attendance is allowed 28
Joseph ffeild not entring his appeale agt Walter Barefoot the Court allowes sd Barefoote 198 cost.
Joseph Moss motioning this Court yt they would remit his fine ye Last year for not being prsent when called to serve on ye Jury pleaded that the tide hindered & yt he did serve afterward, the Court remits the same.
James Waymouth Richard Wilson made theire request to this Court to have theire Licences renewed the wch the Court grants them & that they doe not deviate from the condic'on of theire first grant:
This Court grants unto m' John Hole & Sam" Clark Le'rs & powr of Administrac'on unto ye Estate of m' Richard Leader they having married ye daughters of sd Leader & Injoynes them to bring in to ye next Countie Court held at Dover & Inventory of his sd estate
Edward Melcher brought into this Court ye Last will & testa- ment of Thomas Harris of dittisham in England wch was proved by Richard Stileman & May stileman who tooke oath thereunto, alsoe sd Melcher brought into Court at same time an Inventory of sd Harris estate amounting unto & is enjoyned & if any thing more did appeare to bring it in to be added to ye Inventory
Mary Seaward ye Relict of Richard Seaward, deceased brought into this Court an Imperfict will of Rich: Seaward aforesd wch this Court seeth not meete to allow therefore grants powr of Administrac'on to sd Mary to his sd estate & enjoynes her to bring in an Inventory of sd estate to ye next Court of Associates who are to settle the same as neer as they can to ye mind of ye su Ric: seaward
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NEW HAMPSHIRE COURT RECORDS
ffrancis Rann Sen' making a motion to this Court yt they would please to ffree his sonn ffrancis Rann Jun' from com'on trayning by reason of a Greefe yt is upon him This Court grants the request soe far as to Exempt sd Ran Jun' from trayn- ing for three yeares, supposeing in yt time he may out grow his distemper:
John partridg came into Court being chosen by ye towne of portsmouth & tooke his oath for Sealling of Leather
This Court understanding yt goodman Mussell is not willing to continew Longer in ye place of a water Bayley by reason of his age doe appoynt Wm Lux in his stead, & ord' him y' he goc on board every shipp yt coms into this harbor & to Informe them concerning the Law aboute heaving ballast into ye harbor that soe none may breake ye same Least they incur the penaltie thereof & is to be allowed by every master he shall soe informe two shillings for his paines
Mr George Broade being complained of to this Court for heaving out Ballast into ye Harbor weh is a manefest breach of Law in yt behalfe, This Court upon Examynac'on find that it is to usuall a practice for shipps soe to doe upon pretence yt the swiftness of ye tide doth cary away the same being Barbadoes sand therefore thinke meete to Impose not ye pennaltie on sª Broade, but ord' for prevention of any such practice for ye future, that ye Law title Ballast be forth with published & set up in some publick place & the water Bayley to be allowed twelve peence upon ye pownd out of ye fine of every one yt shalbe Legally convicted through his Informac'on before Lawfull authoritie
The townes of Dover & portsmo having made choise of the same persons to serve for Constables & Gran Jury for this year following & the same persons serving on the Gran Jury at this Court & doe continew for ye year doe therefore ord' that the townes chuse other in theire roome forth with
Eld' Hatevill Nutter & Thomas Layton came into Court & declaired before ye Court yt they had received up theire bond
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NEW HAMPSHIRE COURT RECORDS
wherein they stood obleidged for paymt of staves for John Goddard to m' Millor, & were satisfied there with & doe free & acquit ye heires Executors & Administrar of sd Goddard & his estate obleidged to save them harmless as sd Goddards securite
phillip chesley som'oning Edw: West to this Court & not entering his acc'on is allowed two shillings for his attendance.
Henry Jones & phillip chesley being bound over unto this Court upon suspic'on of having a hand in ye untimely death of Edmond Green blacksmith, & having Examyned them & wit- nesses thereaboute, see it meete to bind the sd parties in a bond of 1001 appeece with sufficient sureties that they appeare at ye Next Court of Associates held at Dover, & then & there to be cleared if nothing more appeare against them
Lt peter Coffin & John Roberts & Steeven Jones doe acknowl- edg themselves to stand indebted unto ye tressr of this Counte or his successors in ye Sum of one hundred pownds ster' viz ye sd Coffin in 251 & sd Roberts 251 & sd Jones 501 well & truly to be payd unto him or his successors & thereunto bind themselves heircs & ExecutIs
The Condic'on of this Recognizance is such yt if ye sd Steeven Jones doe personall appeare at ye Court of Associates next held at Dover according to ye ordr of Court above written & doe abide sd ordr that then this Recognizance to be voyd & of none effect otherwise to stand in full force powr & vertue:
Henry Roby & Wm Beard stand bound together in Like sumes to ye tress' abovesd for od chesleys #sonall appearance according to sd Court ord' & to abide ye same :
William pitman & Ann his wife being somoned & John Smith being bound over to this Court by one of the Comissors of portsmo the sd Wm pitman for suffering & inviting sd Jnº Smith to com & Ly downe on ye bed they Lay in one night at m' Dearings & being confest & owned, this Court sentence the sd Wm pitman & sd Smith to pay a fine of 20g apeece & his wife to have an ad- monition & fees court :
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NEW HAMPSHIRE COURT RECORDS
. mr Woodman engaged to yo tres' for Jnº Smithes fine & m'shall Jnº Roberts for wm pitmans:
This Court having according to ye ord' of ye Gen. Court in May Last Examyned the case of Richard Knight & Mathew Williams concerning the estate of Mathew Giles of Oyster River deceased, doe ord' that after the Just debts of sª Giles be satisfied the remainder of the estate to be equally divided be- tweene them, & Ens: John Daviss is appoynted by this Court to se this ord' effected & to make returne to the Cleric of this Court, & if in case sd Daviss shall refuse or cannot attend the same, yt then any one of the associates may appoynt some meete person in his Roome.
There being prsented unto this Court an Imperfict will of Thomas ffootman deceased ye wch ye Court could not approve of therefore this Court grants power of Administrac'on to his sd estate unto his Widdow Katherin ffootman, & enjoynes her to bring in an Inventory of the Estate to the next Court of Associates, who are to settle the same as neere ye mind of ye deceased as they can according to Law & make returne thereof to the next Countie Court held at Dover.
Upon Informac'on to this Court that ffrancis Rann had drunke to excess the 30th of July 1667, owned by him, sentence him to pay a fine of 38 4ª & fees 30d
This Court being informed that William Brooking dranke to Excess ye It of october 1667 & the 12th of ffebrua : 67: & owned by him sentence him to pay a fine & 68 8d & fees
This Court grants unto m' Nathal ffryer & Lidia Greene ye relict of Edmond Greene who died intestate pow' of Adminis- trac'on unto his estate whoe are enjoyned to bring an Inventory of it to ye next Court of Associates and they to settle ye same according to Law.
This Court being informed of John Smith his pilfering by taking a Comb out of the pocket of James Levit serv' to m' Dearing, the Comb being found wth him & proofe that he must
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