USA > New Hampshire > New Hampshire court records 1640-1692 > Part 32
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Sam" Dalton Com'iss'
on ye ninth of July 1679
Isaac perkins plaintif agt Isaac Green Defendant in an Action of trespasse for Hunting & tearing of a Swine of the sd perkinses
446
NEW HAMPSHIRE COURT RECORDS
so as thatt ye sd Swine is lost and never Returned Home againe: the which Swine was so torne by the sd Isaac Greens Dog the last Sabath Day was sennitt towards night wherby the sd Isaac perkins is Damnified above twenty shillings or so much as shall appear, Haveing Read all the Evidenc prsented which Remaine on file I find for the plaintif twentie shillings Damage in mer- chentable pay and Cost of Courtt
Issaac Greene Appeals to the next County Courtt to bee Held at Hampton
on the 9th of July 1679
Jacob perkins prsenting a Complaintt against Isaac Greene for lying or makeing or telling two lyes upon the Hearing of the Case, and Examination of all the Evidenc prsented on both sides, which Remain on file in the Case; I Doe find thatt the sayd Isaac Greene is Guilty of Deceitt in takeing of monie for a Cow and a Calfe which he owned to Ebenezer perkins and Joseph perkins upon the 21 Day of may last as appears by their testi- monie on file, and itt also appering by the Testimonie of Thomas philbrick Edward Gove & Joseph Dow thatt upon the two and twentieth Day of the same month att night he posutively Denied thatt ever he Received any mony on thatt account, for which Deceitt & false Dealing I Have Adjudged the sd Isaac Green to pay ten shillings in monie as a fine to the County and all Cost of the Pcicution
Isaac Greene Appeals to the next County Courtt to bee Held at Hampton
I appointt Sergt Tho philbrick to Answar in the behalfe of the County to Isaac Greens appeale at the next Courtt to be held att Hampton in the Case wherin the sd Isaac Green was Adjudged to pay ten shillings for lying or false Dealing
on ye 4 of August 1679 nicolas morrell & margritt Langdon both of portsmouth wear Joyned in mariag before mee
Samuell Dalton Com'iss'
447
NEW HAMPSHIRE COURT RECORDS
on yº 5 off August 1679
Thomas Thurton and Daved wedgwood being Accused for Quareling and fighting and Appereing before mee and owning thatt there wear severall Blowes past between them are Ad- judged to pay ten Groats apecce as a fine to the Countie in or as monie and Cost & fees + mee Samuell Dalton Com'issn' on ye 14th of ye 6 mo 1679 Samuel Rand and mary walton both of portsmouth wear Joyned in marriage before mee
Sam" Dalton Com'iss
Robert Hinkson and Sarah Bruster both of portsmouth wear Joyned in mariag ye 26 7 mo 1679
Thomas Eaton of Salisburie & Hannah Hubbard wear Joyned in mariag ye 14 9 mo 1679 Before mee
Samuell Dalton Com'iss'
Samuell Gatchel Jur and Elizabeth Jones of Amesbury wear Joyned in marriag the 27 9 mo 1679 Before mee
Samuell Dalton Com'issin'
on ye 24 9 mo 1679 Thomas Dearborn being Chosen Constable for ye Towne of Hampton Had ye Constables oath Adminestered to him # mee Samuell Dalton Com'iss'
on ye 10 march 1679:80 Thomas Clough & Hannah Guile both of Salisburie wear Joyned in marriage
on ye 15 march 1679: 80 Israell Clifford & Ann Smith both of Hampton wear Joyned in mariage Before mee Sam Dalton
on ye 24 of may 1680 Daved Robinson & Sarah Taylor both of Exetur wear Joyned in mariage before mee Sam" Dalton one of the Councill in new hampshir
on ye 21 of June 1680 William Lane of Boston and Sarah Webstar of Hampton wear Joyned in mariage before mee
Richard Long & Anna ffrench both of Salisburie wear Joyned in mariag ye 21 5 mo 1680 Before mee Sam" Dalton of y. Council in new hampshir
on ye 27 6 mo 1680 Richard pearce of Boston and Sarah Cot- ton of Hampton wear Joyned in marriage
448
NEW HAMPSHIRE COURT RECORDS
william ffuller Jur and Susanna Buswel both of Hampton wear Joyned in Mariag 22 June 1680
30 June 1680
Upon the Complaintt of John foulsham Jur against Hannah foulsham ye wife of nathaniel folsham itt appering by Evidenc yt the sd Hannah folsham hath Slanderously Reported Abigaill ye wife of John folsham Jur I Doe adjudg yt the sd hannah fol- sham shall publish or publickly owne this Acknowledgment under written att som publick towne meeting att Exetur and yt Nathaniell folsham her Husband shall pay ye Cost of ye cicu- tion to John folsham Jur
These prsents may testifie yt wheras I hanna folsham have accused my sister Abigail ffolsham for stealing meatt and other things from mee and ten shillings in monie from peter folsham I Doe now owne yt I have Done her wrong and am heartily sorrie for itt and shall labour to make satisfaction and this my Ac- knowledgment I publish to all #sons Concerned wittnes my hand ye 30 of November 1680
The X mark of hanna folsham
There is allowed for Cost of Goeing to hingham for Evidenc & other Charg in ye {cecution to John folsham Jur 11 48 5ª # mee Sam11 Dalton of ye Council
Acts of Council in new hampshir
Att a Councill Held att Hampton in New hampshire 29 June 1681
These persons whose names are under written are freed from all ordinary trainings in Hampton paying to the foot Company these following soms to bee payd to the Clark of the band in merchentable pay att price Curantt
Viz moris Hobbs sen' paying fower shillings # Annum
natt Boulter fower shillings # Annum
Robert Smith three shillings # Annum
Thomas marston six shillings # Annum
449
NEW HAMPSHIRE COURT RECORDS
Henry Roby Six shillings ?? Annum
Hezron Leavitt fower shillings + Annum
Phillip Towle fower shillings ? Annum Joseph Shaw fower shillings ? Annum Christop Palmer fower shillings ₱ Anum John Redman senior fower shillings ? Anum
Abraham Drake sen' fower shillings ? an
These Psons under written are freed from training without paying any thing for their freedom
Isaac Perkins
Anthony Taylor
william ffifield sen'
John marian
John Brown sen'
william ffuller sen'
Henry Lampury sen'
John Clifford sen'
moses Cocks
Timothy Blake
Abraham Perkins
Daniel Lampary
Thomas Leavitt
m' Anthony Stanyen
Godfrey Dearborn
Henry Greene
Edward Colcord
John Soutter
By order of the #sedent and Councill
Samuell Dalton Recorder
Acts of Councill 29 June 1681 att Hampton
In the Complaint of Isaac Green against Sarah perkins and Ebeneazer perkins the p'sidant and Councill Doth order thatt the sayd Sarah and Ebenezor perkins Doe give bond to the vallue of ten pound apeece to be of Good behaviour towards all ?sons and Especially towards Isaac Green and His famely and Estate and to appear att Hampton Courtt next to Answar the fact and whatt else shall appear against them in the Case
The bonds then written & owned before the Councill and Re- maine on file with the Case
The Case of Edward Colcord for abuse offered to his wife att Divers times as Doth appear by Evidenc, the prsident and Councill Doth order thatt the sayd Edward Colcord shall Con- tinew in prison till hampton Court next unless he Can Gitt baile
450
NEW HAMPSHIRE COURT RECORDS
to the vallue of fortie pound to keep the peace towards all persons and in speciall towards his wife and Children till the Court take further order Conserning him
Att a Council Held att Exetur in New hampshire 30th of June 1681
The prsidentt and Councill being informed thatt one steven fflanders Jur of Salisburie who was putt into hampton prison by an Execution served upon him att Hampton for Debtt hath broken prison and made his Escape
The Councill Doth order thatt forth with a Request be sentt to the next majestrat in the massachusets Collony to Desire him to Issue forth a warrantt to {sue and aprihend the said flanders and send him to the keeper of hampton prison to be by him secured till the Execution be Discharged or the Creditor other ways satiesfied : and the Councill appoints m' Dalton to send a Dispatch to the next magistrate as is above Exprest
Edward Colcord moveing the Council (who hath sentansed him to prison there to be keept untill he Can Give security of 401 for his Good Abearing to his wife and famely thatt stands in fear of their lives if he be at liberty) which by Reason of his Restraint Cannott find wt to Answar as if he had som time al- lowed him to Attaine the same; the Council doth further order thatt he have three weeks or a month liberty to cure sufficient suerties to the sd some of 401, and if in the meane time he shall Com'itt any outt Rage or any wise abuse his wife or Children upon any of their Complaints to Authority made by them, thatt then he shall forfitt to the Treasurer of this #venc all that Right he hath or ought to have into all or any part of thatt maintinanc the Councill hath allotted him for his support Duering his life outt of whatt Ever Estate he had or pretendeth to have, and be forth with Com'itted to prison without baile or main prize ther to be kept Duering the Councils pleasure to be Com'itted by such of the Councill as the Complaint be made unto
by order of ye Councill
Sall Dalton Record
NEW HAMPSHIRE COURT PAPERS
1652-1668
NEW HAMPSHIRE COURT PAPERS
[Court Papers, vol. I, p. 5.]
By the Sellecktmen the 5: 10 mo 52
Given and Granted unto william ffurber william wentworth henery Lankster Thomas Caney thear heires and Assignes the accomedations of fresh creeke for the Ereckting and Setting up of a sawmill the Bounds of the timber ar from the head of the Creeke from the floweing of the tied three miles up in to the woods Betwixte the too freshetts the southermost freshett com- ing out of the marsh beside the great hill at Cochecho The north- ermost freshett Bounding Capt wiggins and m' Bradstrets grant at Quamphegon and allso what'timber lies in Comon that they shall make use of betwixt fresh Creek and Cochechoe theay ar to pay six pounds { yeir so longe as theay contenewe posision thearof provided that the Inhabetants have Leberty for cuttinge of timber acordinge to the order bearing Date with these presents and also in case theay make use of any trees for mastes above twenty fower Inches throwe that thay ar to pay tenn shillings for everey such mast as theay make use of the tim of the Rent to begin the first of march next come twelmonth in the yer 53 me William Pomfrett Towne Clarke
[Court Papers, vol. I, p. 7.]
At A Generall Towne meitting holden the 10th of the first month (55 56)
Ordred and agreed upon that whearas their is and hath bin Severall grants made to severall Respective Parsons and likewise to all the inhabetants boeth of lands timber and Rivers wee doe
454
NEW HAMPSHIRE COURT RECORDS
heirby declaer that from hencforth all such grants as haeth bin made to anie of the Respective parsons or the Inhabetants by the Towne or the selecktmen ar heirby Ratefied and Confermed to Evrey parson acording to thear severall grants unto them thear heires Executors Administrators and Assignes as full and amply as It waer ackted in the publick towne meitting As alsoe the Bargain of timber and land made with Capt Richard wall- derne as by his Deid Appeireth Bearing Date the 5th 10th mo 52 # me William Pomfrett Towne Clarke
[Court Papers, vol. I, p. 9.]
Ordred the 20th day of the 2th mo 1644 that m' Edward Star- buck Richard walldern and william ffurber to be waeres men for Cochechoe falls and River Dureng thear lives or soe longe As theay contenew inhabetants in the towne and at any of thear Deaths or departuer out of the towne the sayd fall waer and feishinge to returne againe to the desposing of the Towne to put anoether in Paying yeirly 6 thousand of alewifes for the Rent to the towne the first theay cache to be Imployed for the use of the Church and what fish is wanting for the Churches use to be delivred at Comon price that is to say three shillings a thousand at the utmoste and the first salmon theay Cach to given to oure Pastor or teacher and none are to fesh in the falls or waer but the above written and furder the sayd waer men ar bound to Use all delegence in caeching of feish 2ly the sayd warmen ar to have 6 thousand of fish each of them for thear owne 3ly chirch offecers ar to be sarved with fish first 4ly all that beare office in the Coman welth and 5ly the moste antient inhabetants to be served with fish everie man a thousand of fish equaly Devided or soe maney as evrey scull of fish afords and evrey man to goe up for his fesh and atend thear in fishing sesons and for the od fish that cometh befoer the scull to be the waers mens if theay Excced not above too or three hundred after the church haeth had Six thousand of fish the next to be sarved ar the wars men if those men doeth not use thear fish themselfs it shall be at the
455
NEW HAMPSHIRE COURT RECORDS
disposing of the waer men and thoes that doe necklekt to take thear turne shall loese thear fish for that time And tis ordred that noe man shall molest the waer men In thear fishing uppon Payne of nineteene shillings for evrey Defallt
veria Coppea ) me William Pomfrett Towne Clarke
[Court Papers, vol. I, p. II.]
To ye Constable of portsmouth or his dept you are required to attach the goods & for want thereof the body of Allexsand' Jones & take bond of him to the vallew of tenn pounds with sufficient securite for his appearance before ye next comisson Court to answr ye complat of Georg walton in an acc'on of Review of a case tried in 1656 aboute a peece of marsh or meadow grownd & Soe make returne und' yo' hand da: 30 July 1659
Curia Elias Stileman
veria Copia taken ye 16 June 1660 Elias Stileman Commis'
The depositian of Thomas Darmer
The deponent sayth that being in Compyney with william Lemon at Wels before his going upe in the Contrey did heare him say that if hee did never returne agayne all that hee hath hee had given to m' Maverick and that hee had downe it before & that stood good -
Taken upon oath before mee this 6th 12: 59 Nicklas Shapleigh James Heard
Verea Copea
[Court Papers, vol. I, p. 13.]
I doe hereby Testifi that a peece of marsh Land web is now in Controversie betweene the wife of Allexsander Jones & George Walton was knowne to me to be little worth when first ye said George Walton made use of it John Wotton then laid claime to ye said Marsh & mowed 3 or 4 small Cockes of hay but they being of soe small worth never fetched them away, & I doe further testifie that ye same peece of marsh was not fitting to be mowed
456
NEW HAMPSHIRE COURT RECORDS
till ye said Walton Cleared it being full of growing trees & other old Trees drift wood wth was in It & farther I doe testifie that I never knew ye said Jones or any other to mollest the sd Walton for the time I then Lived wth him being 4 yeares or neare five wch is since the first above eight yeers or nere nine except it were ye sd Walton the wch right he had to it Walton bought out In witnes of the truth hereof I have hereunto put my hand ye 30 June 1659 the wch I am redy to make oath of
Tho: Roberts his marke
Witness To: Clarke Jun"
Taken upon oath this 26 June 1659 before me
Brian Pendleton
This is a true Coppie taken out of the Commission Court Records ye 22° feb: 1659 ₹ Elias Stileman Commiss"
[Court Papers, vol. I, p. 15.]
I doe here testifie that that peece of marsh wch is now in Contention betweene ye wife of Allexsandr Jones & George Wal- ton was knowne to me to be little worth when first ye sd George Walton made use of it ye wch peece of marsh John Wotton then Laide Claime to it & mowed 3 or 4 small Cockes of hay but to my best remembrance they being of small worth never fetched them away
I doe further testifie the same peece of marsh was not fitting to be mowed till ye sd Walton Cleared it being much of it growing trees & other ould drift trees the wch was in it, & further I doe testifie that I never Knew ye said Jones or any other to hinder the sd Walton for ye time I then Lived wth him being full 3 yeares, except It were the said Walton, In witnes hereof I have here unto put my hand this 20 June 1659 for ye which I am ready to make oath of John Dock
Taken upon oath 20: 4 mº 1659 before me
Brian Pendleton
This alsoe is sworne to by Wm Taverner 27°: 4: 59 before me Brian pendleton
Viria Copia as Attests
Elias Stileman Commiss"
457
NEW HAMPSHIRE COURT RECORDS
These prsents witness that I John Hord of ye River of piscat- taqe planter have bargained & sould unto George Walton of y· same place Talor one Neck of Land called Muskito lying in y· great Iland the bounds of ye Land is from Thomas Walfords fields all that neck of Land lying north & north west, unto ye sd George Walton & his heires for ever dat : this first of march 1649 John Hord
dd in ye presents of us
John Reynolds William Steere
acknowledged in Court Augt 16th 1655 Renald fernald
Veria Copia as Attests Elias Stileman Commiss
[Court Papers, vol. I, p. 19.]
I Renald ffernald of the River of piscataq doe hereby affirme that I have Knowne ye marsh weh George Walton hath Inclosed betweene musketo hall Neck & Thomas Walfords ffield to have been Mowed by yo said Thomas Walford at the Least sixteene or seaventeene yeers Since as alsoe the marshes on ye back side of ye Cove & those that went by the Name of Boatswaine Cliftons marsh, to ye woh I Know more can affirme to besides my selfe. Taken upon oath the 15th July 56 before me Brian Pendleton veria Copia as attests Elias Stileman Commiss®
July 12th 1656 The deposition of Jeremiah Walford
This deponent witnesseth yt his ffather Walford hath Severall times mowed this peece of marsh that now Allexsander Jones is in Controversie with Georg Walton aboute, & he then did quietly possess it till he gave it to ye sd Allexsand' nor was he ever mol- lested or disturbed aboute It in ye time of his posessing of it
Taken upon oath this 12º July 56 before me
Viria Copia as Attests
Brian pendleton Elias Stileman
Thomas Walford these are to give you Notice that I never Sould unto George Walton any Marsh of the said Thomas Wal- fords, for I never made use of any Marsh there upon the Iland, Witness my hand John Hord
·
458
NEW HAMPSHIRE COURT RECORDS
This is a true Coppie taken out of the Com'ission Court Records ffebb: 22° 1659
Elias Stileman Com'isso" By me
[Court Papers, vol. I, p. 21.]
Know all men by theise prsents that I Richard Tucker now of Newitchewannuck in ye River of piscattaqe have Alienated bar- gained & Sould unto George Walton of ye great Iland in ye Said River for & in considerac'on of the sume of fortie pounds Sterll to me in hand pd before the signeing & sealeing hereof, & doe by these prsents absolutely sell & Confirme unto him his heires Executors administrators & assignes for ever all that my now dwelling house upon ye said Iland with all the Lands & housing Improved thereunto belonging as alsoe all the Lands Rights & priviledges granted unto me by the towne of portsmouth Alias Strawbery banke in ye sd River bearing date ye 17th may 1656 as Appeareth in ye records of the sd towne booke under the hands of Renalld ffernald Hen : Sherburne John pickerin Nathal Drake Richard Commings John Jackson & James Johnson wth all rites & priveledges wtsoever belonging therein Included or conceived to belong unto me my heires or assignes, to have & to hold all & every part & percell of the same wthout the lest deniall or In- teruption of any #son or persons Lawfully Claiming the same from by or under me my heires or assignes for ever Witness my hand this 10th of septemb 1657 Richard Tucker
Signed sealed & dd in p'sents of us Robt patoshall John fales Abizag Walton
This is a true Coppie taken out of ye Comiss's Court Records of portsmouth ye 22º ffeb: 1659 as Attests
Elias Stileman Coms'
[Court Papers, vol. I, p. 23.]
The Deposition of Robert Mussell
This Deponent saith that y' peece of marsh lying within Goodman Waltons planting ffield, that he did Know ye said
459
NEW HAMPSHIRE COURT RECORDS
Walton to cleare It & to mow it aboute eight or 9 years since & that noe man did lay any Clame to but one John Wootton & to his Knowledg that he hath Cleared & mowed it ever since without any mollestation untill this Controversie began & further he doth testifie that George Walton did cleare the higher part & the Lower part of ye said marsh that was never mowen before & further he saith not
Sworn In Commission Court the 9°: 9° mº 1659 ₹ Elias Stileman
This is a true Coppie Taken out of ye Coms' Court records ye 22ª ffeb: 1659 as attests Elias Stileman Commis'
The deposition of Dermon Disher
This depont saith yt at Leisure times ever since he came to his master till Last spring he hath been Clearing of this peece of marsh yt Lyeth wthin his masters ffeild & that he hath Cut above 20 Cart loads of wood out of it, & that my master Trenched it & Jeremy Walford & James Leech did work with my m' Clearing of it for my master, & further he saith not
Sworne in Commission Court ye 9°: 9° mº 1659 Elias Stileman Comss'
This is a true Coppie taken out of yo Commission Court Records 22° feb: 59 + Elias Stileman Commis'
we find for Alexsandar Jonnes acording to ye Judgment of the Comission Court & Cost of Corte
[Court Papers, vol. I, p. 25.]
The reasons of George Waltons Appeale from a judgm' of the Com'ission's of Portsmouth: given against him in a case wherein ye said Walton was plt: agt Allexander Jones defend : in a case of Reveiwe conserning a peece of Marsh
I first That the Com'ission" gave no possitive judgm' in the case as hee conceives, but left the case still arbitrary
2ły That the defendent proved no legall title to ye marsh in Controversie as he Conceives
460
NEW HAMPSHIRE COURT RECORDS
3ly That ye Com'ission's notwithstanding they saw not reason to Confirme the Ist Judgmt Yett they found for the defendent George Walton
[Court Papers, vol. I, p. 25.]
Att ye Court held att Salisbury ye 10th 2ª mº 1660
This Court grants letters of Administracon unto Richard Otis & william ffurber in reference to ye estate of William Lemon late of Dover deceased & are to prsent an Inventory unto the next Court at Portsmouth
Vera Copia # me Tho: Bradbury rec"
[Court Papers, vol. I, p. 27.]
Thomas Duston aged about fifty & five yeares or there abouts saith that hee had order from George Walten to warne ye wife of Alexander Joanes not to putt her cattle into ye feild; shee answered that shee would putt them in & accordingly shee did, wch cattle were turned out by this deponent divers times, & fur- ther I doe testifie that I did see ye said Goodwife Joanes pull downe the fence of ye said feild & laid it Common and further saith not
Taken upon oath this 28:4: 60 Before mee
Brian Pendleton
Thomas Joanes aged twenty & foure yeares or there abouts saith that about two yeares past I did see the wife of Allex- ander Joanes pull downe George Waltons fence & further saith not
Taken upon oath this 28:4: 60 Before mee
Brian Pendleton
Nicholas Lux, & Samuel Tilten deposeth & saith that about three weekes or a month past wee did see Allexander Joanes pull downe three or four Lenghts of George Walton's fence & further wee testifie not
461
NEW HAMPSHIRE COURT RECORDS
[Court Papers, vol. I, p. 29.]
[Power of attorney from Richard Cummings of Strawberry Bank in the County of Norfolk to Samuel Hall, late of Salisbury, and John Pickering June 26, 1660; witnesses, Gowen Wilson, John Pickering, Jr.]
The 8th of ye 4th mº 1646
John Legat & humphry Willson have Purchase of y. Sagamor all ye Land woh Lies within ye fence by ye ffalls West Unto ye mills that Is to say ye Land wch Is planted or to be planted or to be broken up within ye Sd fence wch Land Lies within ye same fence where John Legat & humphry willson hous lott Lye unto wch purchas ye Towns men doe give o' Consent & ye land wh Is purchased by them is by estimation about 6 or 7 acres be It more or less
Edw Hilton Anthony Stanyan Sam X Grinfield
This Is a true Coppey taken out of ye Records as attest
[Court Papers, vol. I, p. 31.]
The deposition of Abell Adams & Jon Banfield
These Deponte testifie that the oxen of Walter Abbut John Hunkins used were wthin two dayes after they were returned back to ye sd Abbutt wrote by Richard the sd Abbutts man whoe fetched home two turnes of wood wth them, & the sª Jno Banfield saith that the ox wch is dead had a looseness uppon him at the same time wn they borrowed them & it did appeare before ever they were wrote. further the depon" both say that Walter Ab- butt telling them yt they had wronged his oxen, these depon" made answr wherefore did yor man work them then, Walter Abbutt replied & said because my man was a foole soe are you too & further saith not further the said abell Addams saith that walter Abutt had Jnº Hunkins oxen nine dayes & Jnº Hunkins wat' Abutts Six dayes
462
NEW HAMPSHIRE COURT RECORDS
To ye constable of portsmouth or his depte
You are required to attach ye goods & for want thereof the body of John Hunkins & take bond of him to ye vallue of thirtie pownds Ster1 wth sufficient securitie for his appearance at the next County Court to be held in portsmouth the last 3d day in this prsent month to Answr to ye complat of Walther Abbutt in an acc'on of the case Concerning two oxen of ye sd Abbutts used by the sª Hunkins or in his Imploy, & soe abused that ye one is dead & the other soe impared that he is not fitt for serviss, & soe make return und' yor hand, dat: 13: June 1660
By the Court
Elias Stileman
this Attachment was served upon the house & goods of John Hunking according to the tener of this attachment by mee
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