USA > New Hampshire > New Hampshire court records 1640-1692 > Part 3
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Anthoney Emerey Is forbidene by the Courte to keepe A howse of com'on entertainement or to use common selling of Ale beere or wine, And If it shall Appere that he doth After the 15th day of this prsant moneth he shall pay for every weeke woh he seleth beere Ale or wine Twenty shillings A weeke.
It is ordered by the Courte that william wormwood & his wiefe shalbe removed of from the Isls of sholes from dwellinge there any longer then untill the xvth day of October nexte ensuinge
The wiefe of william wormewood beinge #sented for disorders kepte by her at Starre Island wth the fishermen, and beinge taken notice of for a com'on . . . The Courte doth fine her to pay x" and they desire the masters of the fishinge voyages to see that wormewood & his wiefe maye be paide their debts which are owinge unto them by the masters servants, and that m" Godfrey & m' Seeley doe take some order that there may be a house provided for them on the mayne, and that they maye be pro- vided for by the Inhabitants on both sides of the River equallie alike, If the saide wormewood & his wiefe shall fall to wante.
ffines
At the Courte holden at Dover the 7th of the 7th monthe 1647. Andrew heiser fined in x® for beinge distempered withe drinke and abusinge the Townsmen & constable in a deboiste manner Roger Knights fined vª for sellinge beere for iiid a quarte
John Crowther fined in xs for beinge distempered in drinke at
a Towne meetinge, beings at that time a Townsman
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knowe all men by these Øsents that I Richarde Cater some- time dwellinge in pascataway doe by these sente sette lette & assigne over unto my trustie and welbeloved friende Mathew Giles dwellinge in Oyster River, and doe by these sents give grante & sette over unto my trustie beloved friende Mathew Gilles my fouresaide messuage and Tenemente lyenge & beinge in Ascataway river lyenge upon pine pointe to him and his heires for ever peaceably to Injoye, and this I doe affirme to be my acte and deed under my hand this 24th of June 1648 this is X Richarde Caters his marke witnes william hilton Edwarde Calcord Jonas Bymis Recorded by me George Smythe recorder
The thirde daye of the vth month 1648 Edwarde Calcorde of hampton for good considerations bargained & solde unto Edward Starbuck and his heires and assynes for ever all that #cell of grounde or Islande called or known by the name of Umbumba- tucke or Edwarde Calcords Island lyenge and beinge or near adjoynings unto the northerlie side of Lampraye River wth all liberties & priviliges thereunto belonginge witness his hand & seale the daye & yeare above written
Edwarde Calcorde
Sealed & delivered in the sence of humfrey Chadburne Roberte monney hatevill nutter
Recorded by me George Smyth recorder
Know all men whom it maye concerne that I John Burslye have solde the one halfe parte of my fferme at hampton unto James Wall witnes my hand this #sente vth of maye 1649 John Bursley
In the #sence of Edwarde Starbuck Jeremy Sheares acknowledged before me the vth of the 3 month 1649 George Smyth recorder
know all men whom it maye concerne that John Bursley hath solde unto John hurde of sturgeon Creeke certaine houses &
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sondrye Øcells of up lande & marshe grownde lyenge at Exeter whiche he boughte of George Barloe with the corne growinge upon the said upland
acknowled the 4 of the 5th month (49) before me
George Smythe recorder
know all men by these presents that I John Burslye, late of Exeter in consideration of an execution granted at Salisburye Courte laste & eighte pounds xiiish dew to Josepth Armitage, and assigned to Edwarde Gilman have solde unto Edwarde Gilman of Exeter all the lande that I boughte of George Barloe, that is to saye, two house lotte with the house in it, and tenne acres of lande more or lesse, without the house more or lesse lyenge next unto Thomas kings which was latelye nathaniell Boulsters, one house & lotte that was Balthasar Willixe, one house lotte that was John Tides, one house lotte that was henrye Tobies, with all the meadowes upon Exeter River belonginge to these house lotts, and all the privileges belonginge to these house lotte, two house lotts next unto Thomas Beggs lotte with the meadow belonginge to it upon the River; and the saide John Burslye doe by these presents grante bargaine and sell unto the saide Edwarde Gilman all these above specified to him and his heyer for ever, provided that John Burslye shall paye unto Edwarde Gilman fyve shillings a weeke in worke at two shillings . daye, or else in timber to my satisfaction at prise currente untill the afforesaide debte be satisfied, then this #sente writinge to be of none effecte, or else to remaine in full force & strength, further its agreed that John Bursley shall not paye any rente for the house & two lotts that were Nathaniell Boulsters, at that which was Littlefield he to have the use of them freelye, provided he doe #forme this Covenant In witnes whereunto I have sette my hande this 12th 8th month 1649
John X Burslye his marke
Signed & deliverd in the prsence of us Roberte Saltonstall George Smythe
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This deed was acknowledged by John Burslye to be his act & deed the xiith of the 8th monthe (49) before me
George Smythe
Actions at the Courte at Dover the viith of the viith month 1647
Captaine ffrancis Champernowne plantife againste the goodes & chattalls of mr william paine in an action of the case for takinge awaye & deteyning of foure oxen from the plaintife
The Jurye findeth for the plantife that the foure oxen were eleagallye taken awaye, for wch they alowe to the plantife twen- tie two pounds damages & costs of the courte & charges for two witnesses 12º
The defendante appeales to the next quarter Courte at Bos- ton, Roberte Lorde of Ipswiche and arthur Clarke of Boston stande bounde for the Defendants Asecution at the quarter Courte in the some of ffourtie foure pounds.
Mr Nicholas Browne plantife againste Josepthe Austine De- fendante in an Action of the case for not formance of Cove- nante for planks to his greate damage
The Jurye findee for the defendante, Costs of the Courte and for witnesses xiiis iiiid
Josepthe Austine plantife againste m' Nicholas Browne in an action of the case for layenge an attachmente upon him of 991 to his greate Damage
The Jurye findes for the plantife, Damages thre pounds starl- inge and costs of the Courte and for witnesses xx8
John pickeringe plantife againste James Johnson defendante in an action of the Case for cuttinge of marshe grounds
The plantife doth withdraw his action, and is Judged to paye the costs of the Courte, the costs alowed by the Courte is Twen- tie shillings
Thomas Bearde plantife againste Christopher Lawson in an. action of the case for defaminge his estate and abilitie
· The Jurye finds for the plantife fyve pounds damage and costs of the Courte & witnesses xx8
-
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Christopher Lawson makes his appeale to the nexte Courte of Assistance at Boston
The xvith of the viith monthe 1647 Christopher Lawson doth acknowledge himselfe to stande bounde unto Thomas Bearde in the some of x1 sterlinge to secute his appeale above specified, and to satisfye what the saide Thomas Bearde shall recover againste him.
acknowledged before me George Smythe
Thomas Tayre plantife againste John marten and hester his wiefe in an action of slander and defamation
Thomas Tayre nonsuited, and xs costs alowed to the Defen- dante and xx8 charges.
Mr Edwarde Godfrey, & anne his wiefe, plantifes againste Captaine Thomas wiggin defendante, in an action of the case for takinge awaye certaine cattle from the saide Anne certaine yeares paste.
The Jurye findes for the plantife, and give him one heyfor, and two olde goates and two kyds, with the increase of them since the time they have bine taken awaye from the plantife or ffoureteen pounds tenne shillings sterlinge and costs of Courts.
Captain Thomas wiggin makes his appeale to the next Courte of assistance at Boston
Captaine Thomas Wiggin in Courts acknowledged himselfe to stande bounde unto m' Edwarde Godfrey in the some of Twentie niene pounds to Øsecute his appeale at the nexte Courte of Assistance at Boston, and to satisfie what damages the saide mª Edwarde Godfrey shall recover againste him the saide Cap- taine Thomas wiggin
Thomas Roberts and henry Tibbots plantifes againste Cap- taine ffrancis Champernowne in an action of trespass upon the case for molestation aboute marshe grounde
The Jurye findes for the plantifes yeat they to beare their owne costs by reason of the defendants kindeness in his firste consente that the Towne shoulde enjoye the meadow
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Mr John Treworthie plantife againste m' Nicholas Browne in an action of the case of debts of xxx1
The Jurye findes for the plantife twentie one pounds niene shillings eight pence sterlinge, and fyve pounds damage and the costs of the Courte the costs alowed by the Courte is xx" with the entrey of the action
Joseph Austine plantife against m' Nicholas Browne in an action of the case for none payment for Certaine boards & plankes
The Jurye findes for the plantife niene pounds seventeene shillings niene pence damage, and costs of the Courte and for witnesses xx8
Baltezasor willix plantife againste John Legate and humfrey wilson defendants in an action of trespass upon the case for their hoggs spoyling & eatinge of his Corne
The Jurie findes for the plantife xxv bushells of merchantable Indian corne, or foure pounds seaven shillings sixe pence money to be paid the viiith daye of the viiith month nexte ensuinge, and costs of Courte, and for witnesses xxiiiis
Thomas Biggs & hester his wiefe plantifes againste John Smarte & Margaret his wiefe in an action of slannder
The Jurye findes for the plantifies iis damage & costs of suite the costs of suite alowed by the Courts is for witnesses xiiiis
henrye Robey plantife againste Thomas kinge in an action of debts for meadow
The Jurye findes for the plantife ffoureteen hundred of mer- chantable white oake pipe staves to be delivered at the water side at Exeter at high water marke where a vessell maye receive them by the first of March nexte or five pounds sterlinge in case the pipe staves be not delivered and the costs of suite
the costs for Christopher Lawson alowed by the Courte is v' and for humfrey wilson and John Legate 3ª apeece.
John Legate plantife againste Baltehasar willixe & James wall and margaret his wiefe in an action of the case for usinge crueltie to his swine
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The Jurye findes for the plantife vs damage & costs of the Courte & for witnesses xviiis.
Thomas Johnson plantife againste Christopher Lawson in an action of the case for defaminge of his estate & creditte, and for exaction or opression, the cause put to arbitration.
John Tayre plantife againste Thomas Johnson in an action of the case for slannder & defamation
The Jurye findes for the plantife tenne shillings damage & costs of the Courte alowed for enteringe the action xs for two witnesses livinge in Dover each 6ª and for a somons 2d & servinge it 6d & for the plantife attendance
Thomas Bearde plantife againste Christopher Lawson in an action of the case for none paymente for cullinge of 26 thousande and A halfe of pipe staves and makinge of a rafte
The Jurye findes for the plantife twentie thre shillings damage, and the Costs of the Courte, costs of the Courte & for witnesses alowed xx8
Christopher Lawson plantife againste Thomas ffurson in an action of debte for pipe staves
The Defendante appeared not, the Courte alowes to the plan- tife XXV8
At the Courte helde at Dover the 3 of the 8th month (48)
John webster plantife againste a house & lande of Clement Campion at Strawberey banke in an action of the case for not ₱forming his grante & bargaine of a house wth the appurtenances lyenge & beinge at Strawberey banke & viii acres of upland there- unto adjoyninge
this action is continued untill the nexte Courte
₱ curia George Smyth recorder
Roberte hethersaye plantife againste Christopher Lawson in an action of the case upon accompte for a boate ladinge of pipe staves & hoghead staves received at Boston and also for pipe staves received at Exeter and for wine received at Exeter, & many other thinges
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The Jurye doth finde for the defendante, & give him ve dam- age, & for Costs of Courte & for witnesses .
Mr Richarde walderne plantife againste John merida in an action of the case for takeinge or carrieinge awaye certaine pipe staves of the saide Richard walderne.
The Jurye doth finde for the plantife & give him thre thou- sande of pipe staves, or else to paye niene pounds & xvª & costs of Courte x8
John Mayse [Moses] & Alice his wiefe plantifes againste Nicholas Roe and Elizabeth his wiefe in an action of the case of slannder, for that the said Elizabeth Roe saide that the saide Alice was George . . . whore
The Jurye dothe finde for the plantifes & give them v1 damage & costs of Courte, and for Elizabeth Roe to acknowledge that she did wronge in the publike meetinge house one daye at Dover, & an other daye at Strawberey banke, and that yf she denye to make that acknowledgment she is to forfeite fyve pounds, and that to be done wthin one month & Costs of Courte xs for at- tendance & witnesses xiis ixd
Phillip Lewis plantife againste henrye Langster in an action of trespass for cuttinge a certaine ₱cell of marsh grounde lyenge near the fferme of Captaine ffrancis Champernoune
The Jurye doth finde for the plantife iis damage & costs of the Courte . . . the marshe within the Creeke next winacott river nexte to the mouth of the Creeke on both sides of the same, to the very ende of the . . . marshe nexte the mouth of the Creeke wch is aboute 5 acres wch he formerlie made use of.
George Watson plantife againste the goodes of Roberte heathersay in an action of the case for carrienge awaye certaine bolts & pipe staves to the valew viis 6 pence aboute a creeke caled mr mathewes creeke The attachment executed upon hog- head staves not farre from the house of John Awlte.
The Jurye doth finde for the plantife, for bolts 88 4ª and for damages xx8 & costs of Courte xs and alowed for two witnesses one daye iiis for execution iis in all 438 4ª
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Thomas williams & John moyses [Moses] plantifes againste Nicholas Roe in an action of the case for none paymente of money or goodes for makinge a fence with posts & railes.
The Jurye doth finde for the plantife 19ª a Rodd, wth costs of Courte Costs of Courte xª attachment & servinge it ii iiid witnesses iiis
Thomas walforde & Jane his wiefe plantifes againste nicholas Roe and Elizabeth his wiefe in an action of the case for slaunder for that the saide Elizabeth Roe saide that the saide Jane was a witche.
The Jurye doth finde for the plantife ii' damages, & costs of Courte and also that Elizabeth Roe shall acknowledge that she did the said Jane wronge, one daye in the publike meetinge at Dover, and one other daye at Strawberey banke, and that yf she denye to make this acknowledgmente she is to forfeite fyve pounds, and this to be done within one month Costs of Courte xª for attachment & witnesses xiis ixd
Roger Knighte plantife againste m' Richarde Cutt in an action of trespasse upon a certaine house & lande of his at strawberey banke
The Jurye doth finde a non liquit
William Wormewood plantife againste the goodes of John Batten in an action of debte for the some of iiii1 x8
The Jurye doth finde for the plantife iii1 xiis damage & costs of Courte. Costs of Courte xs for the plantifes attendance, witnesses & servinge the attachment x8
Mr Richarde Cutt plantife againste Captaine ffrancis Cham- pernoune concerninge a horse taken out of his house at straw- berey banke.
The Jurye doth finde the horse to be Captaine Champer- nounes, and likewise finde that there was a trespasse committed in takinge the horse out of the possession of m' Richarde Cutt, beinge in the possession of the saide Richarde Cutt by a byll of sale.
At the Courte at Dover the 3 of the viith month 1648.
John Crowther doth acknowledge himselfe indepted unto
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Roger knight in the some of iiii' viii® and doth acknowledge a Judgement thereof in Courte
yt is ordered at the saide Courte that Edward Colcorde is not to plead any cause this Courte excepte it be his owne.
It is ordered by the Courte that the whole estate of Thomas williams to the valew of xx' is to be attached for #formance of the paymente of iiis the weeke for the keeping of the bastarde childe of Judith ellyns (he beinge the reputed ffather of it) untill the nexte Courte to be holden at Dover, and also iii the weeke since the time of her deliverie, and also to appear at the nexte Courte, to be holden at Dover, and in the meane time to be of good behaviour
It is ordered by the Courte that noe Ason or sons within the liberties of Dover strawberey banke & starre Island shall sell any wine wthout order of Courte, upon the penaltie of the lawe, and yf any #son or #sons shall ofend therein, a warrante shalbe granted to apprehend such Øson or Øsons to enter into bonde not to sell any more wine under the paine of xxª the weeke.
It is ordered by the Courte that anne Wormewood apprentice of the wiefe of John Crowther, is freed from any more service to be done by her to the Crowther or his wiefe, and that by consente of the said John Crowther & his wiefe.
It is ordered by the Courte that Elizabeth wiefe of nicholas Roe is to be openlie whipped for sundrye misdemeanours for which she standeth . . . & otherwise testified against her
she was whipped accordinge to the said order
It is ordered by the Courte that Judith Ellyns shalbe severelie whipped for her bastarde Childe, but in regarde of her weaknes of bodye & her . . beinge weake her punishmente afterward was remitted.
It is ordered by the Courte that James Johnson have libertie to sell a pipe of wine, woh for the #sente is in his costody.
It is ordered by the Courte that warrants shalbe granted against certaine of m' Lanes men for misdemeanours comitted by them to be examined by m" wiggin & m' Smyth, and that they shall have power to binde them over to the nexte Courte to
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be holden at Dover or otherwise to deale with them as they shall see cause accordinge to lawe
for as much as the mentioned misdemeanours were com'itted onelie against m' Lane, whoe was contente to passe them by & not willinge to have his men bounde over & otherwise questioned for the said misdemeanours nothinge was done therein.
Thomas Canney is ordered by the Courte to be Constable of Dover for one yeare & untill an other be chosen, and to take his oathe before m' Smythe sworne before me George Smythe.
At the Courte at Dover the 3 of the 8 month (48)
It is ordered by the Courte that Henry Taylor shalbe safely kepte & sente to Boston Goale forthwith, there to remaine untill the nexte Courte of assistance at Boston to answere such sentments for which he was sented at this sente Courte at Dover the 6th of the 8th month (48)
sent to Boston accordinge to order
It is ordered by the Courte that Anne the wiefe of John Crow- ther shall forth with be safelie kepte, and soe soone as he health may Amit to be sente to Boston Goale there to remaine untill she maye answere such capitall matters & misdemeanours as shalbe objected againste her
she made an escape from the Constable
at the Courte abovesaid Edwarde Starbuck doth binde him- selfe to this Jurisdiction in the some of fourtie pounds for his #sonall appearance at the nexte Courte of assistance to be holden at Boston upon the firste Teusday in december nexte then & there to answere for such offences & misdemeanours as hath bine by him comitted againste the law concerning Anabap- tis, and furthermore the saide Edwarde starbuck doth stand bounde in the some of tenne pounds to this Jurisdiction afore- saide that he wilbe of peaceable & good behaviour towards all men & especiallie towards the Reverend teacher of Dover.
It is ordered by the Courte that George Walton shall bringe in all his accompts for the diett of the Courte & Juries unto
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m' Smythe & m' Gibbins & henrye Sherbourne which beinge by them examined and alowed the marshall of Dover shall give power by warrante from m' Smyth to leavie soe much as shalbe dew as afforesaide to the saide George Walton, which saide leavie shall be laid upon Corne or Cattle to be prised (yf occasion soe re- quire) by two indifferente men to be chosen by the #ties whoe together with the marshall or a thirde man by them appointed shall conclude the prises of such Corne or Cattle as afforesaide, and it is provided that in case such some or somes as shall be dew to the saide George walton be not paide by the Townes respectively wthin the space of one month after notice given to them by mr Smyth that then the saide marshall shall have power to leavie soe much upon the goodes or chattalls of any Inhabitant or Inhabitants within the Jurisdiction of this Courte
and it is further ordered that the Inhabitants of strawberry bank shall pay one thirde narte of such moneyes as is dew to mr Smyth for Courte & publik charges, which doth appear by his accompt & is alowed by the Inhabitants of Dover.
presentments at the Courte holden at Dover the 3 of the 8th month (48)
The grand Jurye prsented Christopher Lawson for sayeing unto George Branson at Captaine Champernouns house your friende m' Bellingham will come noe more to Dover Courte, for the actions that were then did all apeale for there was none of the Jurye but a companie of ffissher men, excepte two or thre which were fitter for Clapboards then for any thinge else.
At the saide Courte the grand Jurye #sented that phillip lewis likewise doth affirme that at the same time, at the saide Captaine Champernouns he saide to phillip lewis you have wise Courting at Dover, I doe Beleeve that m' Bellingham will come noe more amongste you, for moste of your actions are turned upside downe, and that he hoped to bringe us to hampton.
The grand Jurye at the saide Courte #sented Christopher Lawson for takinge a bottle of wine out of George waltons cask in his seller, william ffurbur speakinge unto Christopher Lawson
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at it, he did revile him & saide yf he had bine in Boston he would have bine kicked out of the roome, & the bottell staved aboute his eares, and at Boston he gered the Constable & sayd why did you fine me, for I had as greate a hande in takinge it as Armatage had
witnes william ffurbur constable
yt is ordered by the Courte that the #sentment above written againste Christopher Lawson should be referred to the consid- eration, & to be determened at the Courte at Boston onelie m' Richarde Saltonstall did discente for the transferinge of the same #sentments
The grand Jurye #sented George Taylor for frequenting the house of John Crowther beinge formerlie forewarned by the saide Chrowther, & it is affirmed by the complaint that the saide Crowther hath threatned to shoote the saide Taylor yf he tooke him anye more in his house, notwthstanding the saide Taylor hath come unto his house as often as he pleased.
The grand Jurye #sented Thomas williams for a fame of comitting fornication wth Judith Ellyns of strawberry banke
and also #sented Judith Ellyns for a fame of comitting forni- . cation with Thomas williams.
The saide grand Jurye Øsented Edwarde Starbucke for a fame for disturbing the peace of the Church
Edwarde starbucke admonished for the same & be discharged wth ije vid fee
The saide grande Jurye presented Edwarde Starbucke for denyeing to Joyne with the Church in the ordnance of baptisme.
The saide grand Jurye #sented John Reynolds & his familie for the neglecte of the publik ordinances upon the lords daye.
The grand Jurye Øsented John Batten for beinge disteinged wth drinke & for fighting & quarreling upon the lords daye in time of meeting about the 12 of December upon starre Islande. fined for all xx"
The grand Jurye #sented that Anne Crowther & John moyses do affirm that the wiefe of nicholas Roe upon divers
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supposed wronge done unto the said John moyses he did threaten her to have her to the Courte upon which she answered, the Courte should kiss her arse, and further sayde at an other time she shoulde doe God as good service to kill the . . . as felton did to kill the Duke
The wiefe of Roe was openlie whipped for the same & some other speeches.
at the Courte 3 of the 8th month (48)
The grand Jurye prsented henrye Taylor for beinge Drunke: fined for it x8
The grand Jurye #sented upon the complaints of Jonas Claye & Christian Cande againste Anne Crowther for misusinge her maide by severe punishments, as they will more plainely relate :
her maide was freed by order of Courte from doeinge anne Crowther any more service, as by the saide order maye appear
The grand Jurye #sented Thomas williams for wilfull sellinge of wine without order, & still continueth therein to the evill example of others whoe follow his steps. fined for the same 40'
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