USA > New Hampshire > New Hampshire court records 1640-1692 > Part 33
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13 June 1660 Richard Jackson Constabell
Wee find for plaintef eight pound thre shillings seven penc in damig & Cost of Cort & the plaintef to Returne to the defendand what he mad of the dead oxe
[Court Papers, vol. I, p. 33.]
The deposition of Elias Bickford & Thomas Snelling
These deponents say that Mr pickard promised steephen fford & Richard Endle that what Stage rome he had taken from them & upon woh they had bestowed Labour he would Render it up to them at ye end of the voyage & he would give it under his hand soe to doe, & if they the sd fford & Endle did need stage roome in the winter, they should have wt they needed in his the sd pick- ards stage, it was replyed that it were lett alone he would keep it ye sd Mr Pickard answered no not for his part he would not Keepe it they should have it againe & further saith not
Portsmouth ye 18° June 1660 taken upon oath before me Elias Stileman Comiss'
[Court Papers, vol. I, p. 35.]
The Deposition of Abell Addams aged 40 yeers
This depont saith that his Dame Hunckins sent him in her name to borrow of walter Abbut his two oxen & he should have
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hers in ye rome the weh said oxen when this deponent received them of ye servant of walter Abbutt aforesd were in as good con- dition as they were all the winter & as fitt for worke & noe de- fectiveness at all appearing in them to ye best Knowledg & ob- servac'on of this depont, & further Saith not.
Portsmouth : 2 Aprill 1660 Taken upon oath before us
Brian Pendleton Comisor 3 Henrie Sherburne Elias Stileman
[Court Papers, vol. I, p. 37.]
The deposition of christopher christophers aged 26 yeers
This deponent saith that he heard m' Edward pickard prom- ise Stephen fford & Richard Endle that he would deliver up againe at ye end of ye voyage the stage room that he had taken from them, & in the winter voyage should have soe much stage roome in his stage as they needeth and further this depon' saith that the roome Mr pickard took away fro' the sd fford & Endle was aboute 4 or 5 foote in bredth & the Length of the stage & wt charge be the sd Pickard was at he would give it them ffreely & further saith not
portsmouth ye 18° June 1660 Taken upon oath before me Elias Stileman Com'iss'
[Court Papers, vol. I, p. 37.]
The deposition of Edward Ball aged aboute 30 yeers
This deponent Saith that he this depont being in the serviss of steephen fford did in the behalfe of ye sd fford take possesions of some stage roome for Inlargem' of ye sd ffords stage & had laid timber upon it & sett up standerds & wall plates how far they would goe, the weh rome in the absence of the sd fford & company mr Edmond pickard cutt down the worke the sd fford had done upon it. & began to build upon it for himselfe, the woh when ye sd fford understood he went to m' pickard & told him of it, & after some dispute aboute it ye s4 pickard in ye hearing of this deponent promised to the sd fford that if the
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464
sd fford did stand in need of roome he should have soe much rome in his stage & at ye end of ye voyage he would surrend? it up againe & would give him the labour freely the sd pickard was at aboute or upon it at ye end of ye voyage & further saith -
portsmouth ye 18° June 1660 Taken upon oath befor me Elias Stileman Comissr
[Court Papers, vol. I, p. 39.]
The deposition of Benedick Olliver aged 31 yeers.
This depont saith that a Certaine stage at Isles of Sholes in ye posession of steephen ford & Richard Endall, mª pickard tooke away by force & the sd fford & Endle opposing of him m' pick- ard promised them that if they stood in need of it in there winter voyage they should have as much roome as they should need in his stage & at ye end of the voyage he would surrender it up againe as much as they were then possessers of when he tooke it, wch was in breadth beetweene fower & five foote & in Length as far as the stage did runn & farther saith not
portsmouth 18° June 1660 Taken upon oath before me Elias Stileman Com'issr
[Court Papers, vol. I, p. 41.]
The Testimony of Dermond O Shehee [O'Shaw] Aged 50 yeares, or thereabouts;
Testifieth, that I have seene Alexander Joans wife pull downe the fence of George Waltons feild, and her cow in the feild severall tymes, And I goinge to turne her cow out of the feild, Goodwife Joans tould mee if I drive her cow out shee would putt her in againe; And this hath shee done these Two or Three yeares, And the feild hath not bin planted these Three yeares & further saith not/
.
Taken upon oath this 29: 4: 60 Before mee
Brian Pendleton
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[Court Papers, vol. I, p. 41.]
A Juerey panelled By John Bickford Cunstable of Oyester River Concarning the death of James Morray this HI daye of november 1659 Acedently killd By falling of A tree
Edward Starbucke John Davis William follett John Meder William Smith Niven Agnew Charles Adams Thomas Willy James Bunker Jonnas Bines John Hill Thomas Stevenson Matthew Williames
wee heare Panelled doe Jontly Agree that wee find A wound in his head made by A Lime of A tree falling downe upon his head which wee Aperehend is the Cause of his Death
This verdict accepted by the Court June 27° 60
Elias Stileman Clerk
[Court Papers, vol. I, p. 45.]
At Countie Cort at portsmouth the 26 (4) 1660
whereas much inconvenience doe fall out in want of execution of Justice & punishment of ofenders & yt many times they eskape punishment & thereby many il minded ?sons take Incourigement to do wickedly: haveing hope to eskape: & thereby god is much dishonered by sin incraseing
Now for the prventing thareof this Court doth order y' a prisson house be bult in some Convenyant place in the towne of Dover of 20 foote long & 16 foote wide & 7 or 10 foote hige on the wall: with a good stone walled seller of 14 foote square at ye least with tow or 3 Iorne rings made fast in ye wall: with one or tow good planked floores in ye same & allso that thare be provided convenient chans lockes guises & what other utinsells are nesesary to lay upon unruly ofendars And y' the Charges be borne by way of rates upon the Countie: & Cap' pendleton & Capt waldurhn are aponted a Comite to see this woorke
.
#formed And heereby they have power to require the
above said worke by distraine or other ways & allso the said
Comitie have power to presse men or what els is nidfull for
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the erecting the said worke paying Convenient wadges to those yt they so imploy .
[Court Papers, vol. I, p. 47.]
To ye Constable of portsmouth or his depte
You are required to attach ye goods & for want thereof the body of Mr Edmond pickard & take bond of him to ye vallew of twentie pownds with sufficient security for his appearance at ye next Countie Court held at portsmouth the last 3ª day in this prsent month to answr to ye complaint of stephen fford & Rich- ard Endle in an acc'on of the case for with holding a piece of stage roome that he tooke out of there possession & promised to render it up againe at ye end of they voyage & soe make returne und yor hand dated ye 18 June 1660
₱ Curia Elias Stileman
[Court Papers, vol. I, p. 47.]
To ye Constables of portsmouth & Dover
You are forth with to summons a Jury to Inquire after the death of one that is found dead at Bloody poynt hereof faile not at yo' Perill dat : 27°: June 1660 Elias Stileman Clerk
[Court Papers, vol. I, p. 47.]
The deposition of Jnº Jones aged aboute forty foure years -
testifieth that he Bought one quarter of ye ox that is now in agitation in ye Corte of walther Abott: & thatt itt was meate for man to eatte Being att thatt time of ye yeare & further this deponent sayth nott - 27 June 1660
Taken upon oath in Court ye 27° June 1660
Elias Stileman Cleric
[Court Papers, vol. I, p. 49.]
the deposichion of moris hoobes this deponiand witnesseth that about the begining of march last or thar about I being her at strawbery bank & gooeing two hamton from heur did see good man Abbott oxson in a tem in a slid loding with timber & the
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way bare with out snowe thay ware at a stand with the slid Cutting into the grownd the men kind with them on of the on side of them & the other on the other sid of them laying of good- man Abbott oxson with many blowes & I turning back severall times & I Colld not see the slid to gooe & furder I saith not
Sworn in Court 27° June 60 Elias Stileman Cleric
[Court Papers, vol. I, p. 49.]
The deposition of Nicolous Row who saith that when Mark Hunkins had walter Abbot his oxen he the said deponent saw him the saide mark Hunkins with his men beating and misusing the oxen most cruelly because they were not able to draw the timber wherewith they were Loaden and further saith not
Sworn in Court 27° June 60 Elias Stileman Cleric
[Court Papers, vol. I, p. 51.]
the Deposition of John Foss
This Deponent saith that he bought halfe a quarter of the ox now in question of gooddy Abbotts, & that Hee Could have no more of that quarter because he was so Bruised that it was not fitt to eat: & further not
Taken upon oath in Court 27° June 1660 Elias Stileman Cleric
[Court Papers, vol. I, p. 51.]
the Deposition of marke hunking
This Deponent Certifies that ye oxe weh is Dead had a great Scowring in his body before John Hunkings wrought Him which oxe was walter Abbots and further saith nott
Taken upon oath in Court the 28 June 60 Elias Stileman Cler
[Court Papers, vol. I, p. 53.]
The Deposition of Jasper Millor aged aboute 29 yeers
This deponent saith that ye wife of John Hunkins borrowing of his master Walter Abbutt two oxen weh by his sd masters ord'
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duly deliver unto the messenger of the sd Hunkings well & in as good health as ever they where & not any defect appearing in either of them to this deponts best Knowledg skill & observac'on, & further saith not
Portsmouth ye 2 Aprill 1660 Taken upon oath before us
Brian Pendleton Elias Stileman Henrie Sherburne
[Court Papers, vol. I, p. 53.]
The Depossion of Jnº Pickerrin Aged 60 yeares or there abouts
Testifieth that I was at the fflayinge of the Oxe of walter Abbotts, wch is now in Tryall & did helpe to Turne him out after hee was fflayed, and looke on both sides for blowes or strockes, but could #ceive none, likwise helped to take out his intrells It showe not one bitt of ffatt, & could find noe reason of his death, except it wer mearly Povertie, & his hart was swollen more then Ordinary, & further saith not
Rich: Comins, Aged 57 yeares or therabouts Doth Testifie to the same
And wm. Cotten Aged 46 yeares, doe testifie to the above written, And further saith that seinge the Oxe before Hee was Dead, wee saw a bunch or swelling neere by his shoulder/
Sworne In Court ye 27° June 60 ₱ Elias Stileman Cleric
[Court Papers, vol. I, p. 57.]
wee whose names are under written beinge cald together & pannild a Jury by Phillop Chesley Constable of Dovor to vew & take notis of ye soden death of Thomas Canyda, doe find & declare as ffolloweth
That ye sayd Thomas Canyda accordinge to our under- standinges was killd by a tree neare to ye house of Thomas Humfres, ye tree beinge found uppon him, & was forced to be cutt before he could be got from under it, & this we judge was ye cause of his death witnes our handes 26: 10: 60
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John Bickford
Charles Adams
John Davis
Thomas willy
Mathias Gyles
willyam Smith
willm willyams
pattericke Ginison
John Meader
James middleton
Thomas Stevenson
Joe feild Steven Joanes
Taken uppon oath ye day & yeare above mentioned before me Valentine Hill Comisioner
[Court Papers, vol. I, p. 57.]
[Testimony of Samuel Haines about Walter Abbott's ox. Illegible.]
[Court Papers, vol. I, p. 59.]
Deare brother & sister
You either are angry wth me, or have a jealousy of me; an imaginary cause I conceive, because I could not doe impossi- bilityes to send to you when I could not; therefore I had no letter from you this springe, & you would bee jealous of my reall performance of my promise to my cousin John concerninge that child. I received a letter from you 4 yeeres since, & another this time two yeeres since, & used all meanes possible to send to you. both by my selfe & others, tooke severall journeyes to find out how to send safely & could not; & those times I had cloth & sarge ready to be sent; but this you knew not, so I cannot blame you. And this time 2 yeere in your letter dated October 23, weh I received the end of March followinge, in weh you ordered to have it sent by one m' John Payne, I sent up by a speciall freind to London to speake wth the host of ye 3 Cupps in Breadstreet, & he could heare of none such younge man as Mr Payne, & the ships went away (as I was informed) for New England, in 3 days after my letters came to me, I rode to Cherton to confer with my uncle White about sendinge, & he knew not how: but to insist no longer on this, I have now sent you 3 karsyes for that twelve
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pounds due to you, wch come to 141b; I wish you may have them safe, they are warranted to me for very good, & I had them fro' a very friend, namely Mrs Spratt the ministers widowe, who hath a good hand in clothinge: one karsey is of a light grey, the two others of a middle grey, & packed up, & sent to one Mr James Ray a factor at Blackwell hall in London, to be sent to one Mr Raynes in New England for you : this direction is exact to my brothers sonnes letter to me, for your letter to him I have not; & have beene troubled at it, for yt the younge man mistakes, this packe of karsyes though now at London may fayle also: I sup- pose you both & all my cousins & their little ones are in health, though my cousin William Thompson writt not a word of it my prayers are to God for your health, welfare & prosperity and though we are farre remote & distant fro' each other in regard of bodyes, yet wee have that priviledge to meet at throne of grace, wch priviledge I desire wee may improve to Gods glory, each others & the Churches benifitt: I hope my cousin Johns children are with you & that you are as father & mother to them. I was sory to heare of the death of my cousin Esther: in that last letter of yours of October 23, 1657, you writt that you had sent me another letter inclosed in my uncle Whites by a Marleborough man wch letter neither he nor I ever received: my son Samuel almost had broken my heart, in provinge so wild & rude & disso- lute, but now he is once more at schoole at Ilmister where as yet he does well & is almost fitt for Oxford, I had designed him for a barrister at Lawe, but God knowes what he wilbe: my daughter Mall is (I blesse God) a religious & vertuous younge woman, and hopefully answeres my great costs in breedinge of her, wch hath beene in no ordinary way or no little expences: my daughter Martha dyed of the poxe 2 yeeres since: their good mother is wth me, so hath beene neere 6 yeeres: my dearest & most affec- tionate love & respets presents it selfe cordially to you my lov- inge brother & sister, & my deare Malls service to you, heartily rememberinge all our cousins by name. The God of all mercy vouchsafe you all suitable mercyes to all your severall respective
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wants & condicions, to whom you are all knowen, though I at such a distance knowe not how it is with you. to Gods gracious protection & blessinge I humbly com'end us, all ours, & the care of all his Churches: & ever remayne Brother & sister yr most affectionate, ever lovinge & faythfull brother & remembrance at the throne of Grace Sam: Thomsonn
Taunton March 27th 1660
[Court Papers, vol. I, p. 61.]
To ye Constable of portsmouth or his depte
You are required to attach ye goods & for want thereof the body of Jnº Pickering & take bond of him to ye vallu of 12' with sufficient securite for his appearance at ye next Com'ission Court held at portsmouth then & there to Answ' ye compla' of Walter Abbut in an acc'on of debt of seaven pounds 12' 6d as may appear by booke with due damage & soe make return und' yo' hand: dated 19° June 1660 Curia Elias Stileman
This attachmt was Served upon ye house of Jnº Pickering according to ye tenn' of this attachm' by me Ric: Jackson Con- stable this 19th of June 1660
This is a true Coppie taken out of ye Com'ission Court Rec- ords: 18 June 1661 ₱ Elias Stileman Comissor
[Court Papers, vol. I, p. 63.]
Knowe all men by theise Asents that I John Davis of the Isle of Shoales ffisherman do acknowledge my self to owe and to be endebted unto John Cutt of Portsmouth Merchant the sume of Twentie pounds of lawfull Money to bee paid unto the said John Cutt his Executors Administrators or Assignes unto the which payment well and trulie to bee made and done I binde mee mine Execute Administrator and Assignes firmly by theise Ants in witnes whereof I have hereunto set my hand and seale dated this Twentie fourth day of June 1661
The condic'on of this obligac'on is such that if the above bound John Davis his Executor Administrator or Assignes or any of
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them doe well and trulie pay or cause to be paid unto the above named John Cutt his Executors Administrat's or Assignes the sume of Tenn pounds sixeteene shillings five pence vizt the one halfe in good & Marchantable Mackerill & ffish at the now dwelling house of the said John Cutt as Mackerill is taken at price Currant the other halfe in the spring next in good Mar- channtable dry Codd ffish as the said John Cutt shall have occa- sion to make use of it but if it shall happen that default of pay- ment shall happen to be made either in #t or in the whole that then the whole shalbee all due Antly that then this #nt obliga- c'on to bee void and of none effect or else to bee abide & remaine in full force power & virtue
Sealed and delivered in Anc of
Jnº Davis X his marke Edward Melcher Ric: Stileman. Scr:
[Court Papers, vol. I, p. 63.]
The deposision of Lenard wickes this deponiant saith that I and Andrew Cunstabell being in . .... sum tim the Last winter this Andrew Cunstabell deid tell me that Mathi hanes mare hav had no Coult this twoo yeres time & that mar which is meathy hanes mar is but three yeres ould now & farde saith not
Taken upon oath 26 June 1661 in Court
₱ Elias Stileman Cleric
[Court Papers, vol. I, p. 65.]
Reasons of John Pickerings Appeals in the case with Walter Abbott fro' ye Com'issionrs Judgmt at Portsmouth to ye County Court
ffirst That no mans Book is taken and received for an Evidence to Øve a debt by his owne Attest to his book as is plentifully owned in all or Courts of . . . cature, Soe yt the plt affirmes itt is agt Lawe to gete a sentence agt him wthout tryall testimonie for if Abbotts Booke be taken for evidence wrhout furth' #fe of his debt, Then Consequently what so ev' hee chargeth upon me makes me a debtor if it be 1001 (though nothing due)
2 R That where as Walter Abbott saes the Comp1 a debt is
.
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71 128 6ª due by booke nothing is legally ?ved as by .... Courts Records to give a . .. . agt the plaintiffe
3 R the plaintiffe doth not owne this debt of 7 12' 6ª neither knowes how, nor for what hee is debtor nothing being ?ved ag' him, but as Abbott & wife Sayes itt was for wine & Liquors, but the time when I had itt is not ?ved neither the daye month, or yeare, or whethr I had itt by the gill, pint, Quart or Gallon wch I desire may be Øved, & yt my estate may not be taken away from mee contrary to Law and Equitye
4 R That there is presidents of oth' Courts y' no man shall recovr a debt wthout two witnesses, but in this case no legall testi- mony Appeares, & so no cause of any such sentence or grownd of Acco' agt me the marke of X John Pickering
[Court Papers, vol. I, p. 67.]
The answere of walter Abbitt unto the Reasons of John Pickeringe given unto this courte now settinge
The first reason wee denie for in soe sainge bee bleamesheth the hole courte, for being practised in other courts it is a diss- honer unto those comissioners that where then settinge for the sentence then given was legally proved by the commissioners that were then settinge & for consequence in law wee owne noe such practtice to over throw a righteous case
2 To this I answere nothinge onlie reservinge it to the com- issioners who gave sentence accordinge to the evidence they had wch proved the debt accordinge to his booke
3 Thirdlie wee answere that the plantiffe doe not owne it & · wee question whether hee will or noe for it was nott onlie af- fermed by mee & my wife but alsoe by my servants, & therfore to give acco: for sellinge by gill pinte q' or gall : web hath binn all- readie proved to the comissioners therfore noe estate taken from him contrarie to law
4 ffourthly wee answere this that it is a horred thinge to have the comissioners thus blemeshed who did not act webout the testamony of 2 or 3 wittnesses Walter Abbitt
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[Court Papers, vol. I, p. 69.]
The plea of Sam: Hall Complt agt Chesley in an acco' of Slaunder for his Damages.
ffirst The ffundamentall Law of this com'onwealth #vides for the securitye of every mans life, good name & estate as in page Ist the defendant Phillip Chesley charg the plaintiff with Couzning & Cheating him the said Chesley of Tenn pounds or more wch the pl hath plentifully and legally Øved is great and exceeding great discredditt to the honor and good name of the plaintiff being publiquely knowen all over the Contry as also is in Considerable dealinges in a way of merchandize for England Berbados & other places for many hundred pounds so yt hee is deepely or rather deadly wounded in his Creditt by Chesley that hath so defamed the plaintiff in speaking these words agt him att Salisbury boston and all other places where he hath gone yt hee had Cheated & Cozened him of 101 or more as is proved so yt the pl is Damnifyed in his Creditt above five hundred pounds the plaintif humbly craves the benefitt of the Law to releive him and to repaire his honor and good name wch hee Esteemes as his life
2 plea No greater Injury can bee imposed upon a man then to be wounded in his name & Creditt and to have his name stayned as the deft hath done to the plaintiff yt is in a way of Trayd both for him selfe and others: publique Slaunders spreads over all the Contry (as lightning from one side of the heavens to another) So yt the plaintiffe to have his good Name stayned and taken away itt is irreperable. No man will Credditt a man yt is a cheating Knave & a Couzning Knave Iff the Defendant prove his charg then lett the plaintiffe suffer according to Lawe: but other wise the pl humbly desires Justice to ye Extent of the Law to the full satisfacco' of ye great injury Done unto him both in his name & estate
3ly the plaintiff further to Øve his Damage Chesley Sued him att Hampton before any money was legally due to him as the plaintiff proves by Mr Hilton & William Burgame, and offers to
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ye worepfull Court that they Testifie upon oath y' Chesley was to bring the plaintiff a receipt from William Kolcupp of Boston to Salisbury of the Nomber and weight of the Skins, wch the plain- tiff affirmes that hee never showed him any receipt there from William Kilcup, but Chesley left a coppie of a receipt wherein hee added 91 6ª or there about, more then the remainder of the Skins came to: The plaintiff was not bound, nor ought not for his owne securitye to pay money from Coppies of receipts not know- ing but his Coppies might be false but untill the pl receive the originall receipt hee was not debtor to him: Neither did Chesley Øve in Court that hee ever did show the plaintiffe the originall yett the Jury brought a verdict agt the pl & above three pounds Costs so yt the plaintiffe was damnified wth his owne Charges ffive pounds. The plaintiff pleaded in Court yt hee sued before any money was legally due to him wch is proved by his owne Testimony And further att the same time y' the plaintiff bought the mouse skins of Chesley hee also bought of him ffiftye Nine pounds of Beaver & paid him Money for it. Chesley weighed the Beaver in stillyards att one draught, the pl did not question his honesty for the weight of itt: Butt att the same tyme sent the same Acell of Beaver to William Kelcup of Boston & hee reckand the Nomber of the skins as hee informes by his letter hee weighed the skins and there was butt 49 pounds & 4 ounces so y' the plaintiff looseth all most Ten pound of Beaver by Chesley wherein the pl is really damnifyed & desires the Court & Jury to Consider itt. That if his weight was true & the Beaver drie and merchandable as itt jusly ought to bee hee is to make the pl restitution.
4ly Whereas Chesley chargeth the pl yt hee had Couzened & cheated him of 101 or more the plaintiff answeres that if Chesley . took him to bee the Cheatesting Knave in the Contry yett he could not Couzen & cheat him: for these reasons: ffirst Chesley had witness of his bargaine: 2ly hee had the benefitt of the Law to give evrye man his just right: 3ly hee well knew that the pl had an estate in the Contry And if the pl had had noe Estate the
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