USA > New Hampshire > New Hampshire court records 1640-1692 > Part 34
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476
NEW HAMPSHIRE COURT RECORDS
Law Avides yt hee should satisfye the Credditor by service Soe that hee was in no danger to be couzned & cheated and so no grownds of charging this high slaunder upon the pl but itt plainely appeares yt hee hath wittingly & willingly charded him to take away his good Name & credditt: & further the plaintiff alleadgeth in his pleading yt hee could not Cheat Chesley of Ten pounds for the remainder of the pay for the Mouse skins came but to 91 128 6ª as is proved by Records in the Court, And Chesley confessed to the Marshall yt served the Execution for his charges that the pl paid him 101 in money upon yt judgmt so yt the pl hath paid to Chesley seaven shillings & thre pence more then was his due, so yt the pl desires the worepfull court to judge who is the Cheater: yett the pl hopes the Jury will consider ye over paymt wherein hee is Damnified yt hee may have his money retorned to him from Chesley who is ready to pockkett by such wrongs.
5ly The pl alleadgeth yt the defendant as hee is informed hath bene att Boston Newbery Salisbury Hamton & other places to inquire of any sons yt had difference with the pl to trye if hee could gather up any mattr yt might reflect upon or further De- fame the pl wch the plaintiffe conceives that itt is a great aggra- vation to his former charge And itt doth argue his malchous wicked purpose agt the pl wch is a great degree of Murder to take away his name & credditt : so that the pl desires the Court & Jury to consider of itt how greatly hee suffers by the Deft yt restlesly goes about to destroy him in his name & estate yt the pl may be well considered in his Damages: ffor a man yt is soe wounded in his Credditt that no more credditt in the world then hee hath of the world My In'ocence makes mee bold for I know in my Conscience that all the men in the world can'ott prove any such fact agt me in all my transaccons: Unlesse false witnes be sub- bournd agt me so yt itt concerns the pl to . . . his name & credditt yt suffers by Chesley both here in this Contry England & in other places where the plaintiff hath com'erce for no man will deale with a man yt is Defamed to be a cheatinge & Cou-
477
NEW HAMPSHIRE COURT RECORDS
sining Knave as Chesley hath Chard the pl wthall & so Com'itts the cause to the worepfull Court to judge & to the Jury who are upon oath to give in their verdict according to evidence/
[Court Papers, vol. I, p. 73.]
1
these presents witneseth that I william ffurbur have bargined and sould to antoni nuter all my Right and title of my grant of fresh Creeke both of timber and land and water for a saw mill witnes my hand this fourtenth of may 1653 for good causes and in considarationes moving me thereto william ffurber
witnes hatevill nuter william pumfret
[Court Papers, vol. I, p. 73.]
At A Publick towne meitting holden the 10th Ith mo 55 56
Orderred and a Greed uppon that whear as thear is Severall grants of lands made by the towne to the inhabetants of wich Som ar in Contreversie wee doe heirby declaer that wee have Chosen Elder william wentworth John haerd John Bickford left Hall william ffurber to bound any of our lands wich ar or shall be in Contreversie betwixt us and anie of our Inhabetants or nabeors and likwise doe heirby ingaige to Rest satesfied with thear de- vetion whether it be moer or les then our grants provided the Parsons acting heirin be apon thear oathes to lay it out acording to Every mans grant as neir as theay Can to thear best Judg- ment and understanding wich being by them or anie three of them afoermenshened shall stand for a Correct ackt and the parsons to Contenew in this sarves tell new be Chosen taken apon oeth befoer Capt Wiggins the day and yeir above sayd
Vera Copea # me William Pomfrett towne Clarke
[Court Papers, vol. I, p. 75.]
The Exammination of Mary Agawam An Indian Serv' to George Walton, being with child
This examinat being examined whether she was with child Answered yes
1
478
NEW HAMPSHIRE COURT RECORDS
being asked whoe was the father of her child she answred one of mr Jacobs seamen Richd Sheafe by name
It was asked how Long since
she answred five monthes
It was asked her whether by day or night
she answred by day towards the evening on ye Lords day she said moreover that it was in ye little chamber upon the bed:
Taken by us
Brian Pendleton
Elias Stileman Comissrs
[Court Papers, vol. I, p. 76.]
The Court haveinge heard & Considred the presentment agaynst Abraham Perkins & mª Cotten clogsten with the wit- neses & the defence of the abovesd
doe find that the Evidense was but a single testimony & yet backt with a witnes from will Sanbornes wife & all other that did appeare
upon Consideration of all the premises the sentence of the Court is that the abovesd mr Cotten shall bee seriously admon- ished by the Court & pay the Charge of the witnes & soe bee discharged
[Court Papers, vol. I, p. 77.]
The deposition of m' Andrew Wiggin
this deponent witnesseth that the mare now in controversy betweene Mathew Hamme & James Johnson was wintered at qnomscooke as Mathew Hamm his mare this deponent further witnesseth that James Johnson tolde him that if the saide mare had not such and such markes shee was none of his and this deponent witnesseth that he vieud the said mare and shee had not the markes which he Describd his mare by and further saith not
this deposition taken upon oath the 2 day: 3 mo: 1661 before mee
Tho: Wiggin
479
NEW HAMPSHIRE COURT RECORDS
[Court Papers, vol. I, p. 77.]
To the Constable of Dover, or his Deputy -
You are hereby Required to attach the goods or for want thereof the Bodyes of William furbur & Thomas Cannye & to take Bond of them to the value of thirty six pounds wth sufficient surety or suretyes for their personall appearances at the next County Courte held at Dover or porchmouth, then & there to answere the Complaint of Peter Coffin Treasurer in the behalfe of the Towne of Dover in an Action of the Case for with holdinge Rent due to the Towne of Dover for the Accomodations of a Sawmill at fresh Creek from the yeare 56 at six pound ? Annum, & damage for want thereof: & so make a true Returne hereof under your hand. 18: 4 m: 1661
Curia Charles Buckner [Return by John Roberts, constable, 20 4 m. 1661.]
[Court Papers, vol. I, p. 79.]
1660 the deposition of Nathanell Drake & Jane his wife theas deponiant witnesseth that the last sumer either in July or August or thar abowtes I & my wife being at hamton at goodman trickes thar was Mr Andrew wigenes & he did desier mee to speake to goodman Jonson or send sum word that he woolld Come & fech away his mare for saies Andrewe wee have a stray mare at ouer hows which Came home Exeter with our horses the last wenter which wee Can not tell hooe dooe owe hur except it be goodman Jonson for saies he shee is veir lick the mare which he inquiered after & furder saithe not
Taken upon oath by Jane Drake the 24 June 1661 before me Elias Stileman Com'iss' Nath: drake took oath in court 26 June 1661 Elias Stileman
[Court Papers, vol. I, p. 79.]
the deposision of John Robinson aged abowt 45 this deponiant saith that hee heard Mr Andrew wigenes say that this mare in
480
NEW HAMPSHIRE COURT RECORDS.
Controversey between Jeames Johnson & mathie hame was a stray mare & this mare I did see at Exetor towne with out aney Company of horses or mares but Cattell two or three times & this mare I sawe sence at goodman Jonson hows senc & I hearing of a stray mare at Captin wigenes I being Constabell went down to his hows & asked him about it whither thar was such a stray mare or noe & he toulld me hee Coolld not tell & furder saith not
Taken upon oath before the Court 26 June 1661 ₱ Elias Stileman Cler
[Court Papers, vol. I, p. 81.]
The deposishon of mary dow 1
-
The deponant saith she heard Goody Sket say that Goody Abbot was the Caues of Loosing her Child and Goody Abbot Cam In with her fase Cracht and All blody and had much A due to kip Lif In her and forder mor the deponant saith not
Taken upon oath in Com'isson Court the 5 augt 1661 ₱ Elias Stileman Comis" -
[Court Papers, vol. I, p. 81.]
the deposishion of John Berry this deponiant saith that heard william morres & Nickolas Mores & Jeames godfre at Captin wigenes hows say in October 1660 or thar aboutes that the mare in the hands of Jeames Jonson & now in Controvarsi betwen the said Jeames Jonson & Mathew Hame that the said mare Cam not to Captin wigenes tell the last winter & firther saith not
· Sworn in Court the 26 June 1661 : + Elias Stileman Cler
[Court Papers, vol. I, p. 81.]
To ye M'shall of portsmouth or his depte
you are required to attach ye goods & for want thereof the body of James Johnson & take bond of him to ye vallue of Thirtie pownds with sufficient securitie for his appearance at ye next Countie Court held at Dover the last 3ª day in this p'nt mº to answr to ye complat of Mathew Ham in an acc'on of ye case for 、
481
NEW HAMPSHIRE COURT RECORDS
detaining a Mare of his ye sd Ham sd Mare was wintered at Cap' Wiggins severall winters & taken from thence by the sª Johnson undr a pretence of being his owne, & is to ye damage of y· sª Ham, & soe make returne und' yor hand da: 8: June 1661 Court Elias Stileman
this attachmend was sarved on the hous & land of James Johnson the II of June 1661 by mee
huybrecht matton marshall
[Court Papers, vol. I, p. 83.]
The Deposision of william Brumfeild
This Deponant wittnesseth that he being at a bargaine making between Thomas Johnson of oister river and Rise Howell of the said river which was to this effect, that if the said Howell would leave the place he was then in where he had good wages and come and Live with the Said Johnson he should have four acres of land Joyning to his feild the said Howell Breaking of it up, and house roome to dwell in all which the said Howell was to injoy as Long as he lived and further saith not
Deposed 27th July 1661 Before me Tho: Wiggin
[Court Papers, vol. I, p. 83.]
The deposition of Andrew Constable
This deponent witneseth that ye mare in controvercie betwene Matw Ham and James Janson be the sayd deponent knew as a colt wch Mat Hams black mare had folloing as his and was al- ways taken for Mat Hams colte and this deponent farther wit- neseth that the said mare wintered at quamscook two or three years as mat Hams mare and he the sayd deponent doth further witnes that James Janson did tell him if the said mare had not . whit feet and a whit . . .. or streak over one of hir nostrells shee was none of his wch the mare in controvercie hath not : and further saith not
deposed the 13 of the 3 mº 1661 before me Tho Wiggin
482
· NEW HAMPSHIRE COURT RECORDS
[Court Papers, vol. I, p. 85.]
The deposichon of mr Edward Welch
The deeponant doth her testyfy and Confarme that Rich Alli- son have sent for his wif by mee and I have fully and soly In Gaydgd my self to bring her over or Cawes her to bee Brot over If she bee Living or will Com a long with mee and furder the Deponant sayth nott
1
Juely ye
Edward Wilch
this I was not willinge give oath for but doe atest that this is mª Edward werlch his promise to bringe Rich Alessons wife if shee will Come with him 17: 5:61 Brian Pendleton
[Court Papers, vol. I, p. 85.]
The testimony of Nathaniell starbuk ageged aboute twenty five yeares seath that aboute three or foure yeares agow beeinge in company with will furber and Joseph Austine william furber desiered mee to take notise that hee had sold the meado now in contreversy onto francis lettell feld and taken pay for ite: and the sead furber sead to Joseph Austine that hee should sue him the sead furber for ite and he would owne the salle of ite and make ite good: and the sead ffurber sead farther that Joseph Austine should keepe what wase in his hand of his till hee had made good what hee had sold: and farther seath note
Deposed in Court 27 June 1661 ₹ Elias Stileman Cler
[Court Papers, vol. I, p. 87.]
To the Constable of Dover or his Deputy -
You are hereby Required to attach the goods or for want thereof the Body of William furbur & to take Bond of him to the value of forty pounds, wth sufficient surety or suretyes for his personall appearance at the next County Court held at Dover or porchmouth, then & there to answere to the Complaint of francis Littlefield in an Action of the Case for with holding twelve Acres of Marsh, wch the said Littlefeild Bought of the said furbur at Cocheche by the side of the great Hill & Damage for want there-
483
NEW HAMPSHIRE COURT RECORDS
of, & so make a true Returne hereof under your hand. 18: 4 mº 1661 Curia Charles Buckner
this warrant served in hands of wille furber by me the 20 4 m John Robearts Constable 1661
[Court Papers, vol. I, p. 87.]
The Deposision of Pichelop [Philip] Chesley
this deponant wettneseth that hee Being at a Bargaine making between Thomas Johnson of Oister River and Rise Howell of the Said river which was to this Effectt that if the said Howell would Leave the places hee was then in where he hade good wages and Come and Live with the side Johnson hee should have fouer Ackers of Land Joyning to his feild the Said Howell Breaking of it up and house Roome to dwell in all wch the said howell was to in Joye as Long as he lived and further saith not
Deposed 27th July 1661
[Court Papers, vol. I, p. 89.]
The Deposition of Thomas Roberts aged 25 yeares or there- abouts
This deponent saith that he beinge in Left Halls seller, he heard philyip Chesly Call Jn Redman ... & did affront him in many words, & withall said, if he had the sd Redman in a great gun, he would shoot him to the Devill -
deposed in Court ye 27 June 1661 Elias Stileman Cler
[Court Papers, vol. I, p. 89.]
The Deposition of Edward Colcord aged 45 yeares, or there- abouts
This Deponent saith that beinge at M' John Cutt his house this last spring of the yeare, Philipp Chesly beinge then in Com- pany wth Mr Richard Stileman, did say tenn times over & more, that he did hope this Goverment would Change shortly, & then he the sd Chesly was resolved to be the first man that should lay hold of that Rogue Moody, to Cutt his throat
484
NEW HAMPSHIRE COURT RECORDS
Edward Colcord tooke his oath to this in Court held at Dover 27° June 1661 - ₱ Elias Stileman Cler
[Court Papers, vol. I, p. 89.]
The Deposition of John Hill aged 35 yeares or thereabouts
This Deponent saith that when the grand Jury were takinge the Deposition of Edward Colcord, philip Chesly Came in among them, & in much rage desired that the Deposition might be read, & withall told the sd Colcord that he would be even wth him before night, upon wch this deponent bad him depart, for he had no business there
Sworn in Court 27 June 1661 Elias Stileman Cleric
[Court Papers, vol. I, p. 91.]
The Deposition of Ann Elliott
This depont Saith that being at ye house of Walter Abbutt, she this depont saw the wife of walter Abbutt & Allice Cate at difference, the occasion this depont Knowes not, but this depont saw the thumb of Sarah Abbut in the mouth of Allice Cate & this depont to gett the thumb of ye sd Sarah out of the mouth of ye sd Allice Skates mouth thrust her the sd Allice downe before she this depont could part them & get her thumb out of her mouth, further this depont sath that she this depont heare the wife of James Cate aforesd say that she meaning the sd sarah Abbut had been ye cause of Loosing her the sª Allice Cates child, & yt she the sª Allice would make her the sª sarah Keep ordinary noe Longer, & bring her ye sarahs children to ye Prish & further this depont sath not
Taken upon oath ye 5th Augt 1661 in Comiss Court
₱ Elias Stileman Comiss"
[Court Papers, vol. I, p. 91.]
The deposishon of Elizibeth Lock
The deponant saith she heard Goody Sket say that Goody Abat was the Caus of Loosing her Child and Goody Abbat Cam
-
485
NEW HAMPSHIRE COURT RECORDS
In with her fas All blody and Cracht and whee had much a due to kep Lif In her and forder mor the deponant saith not
Taken upon oath before the com'ission court ye 5 august 1661 Elias Stileman Com'iss'
[Court Papers, vol. I, p. 93.]
The testimony of Joseph Austin aged about forty foure yeares seath that about three or foure yeares agone william furber owned that he had sold the marsh now in contreeversy unto francis let- tellfeld and taken pay for ite: and If you sue any one for ite sue mee for I must mak ite good sayd william ffurber and farther seath note:
Deposd In Court the 27° June 1661 Elias Stileman
[Court Papers, vol. I, p. 93.]
The Deposition of Thomas Beard
This Deponent saith that beinge in Lief' Halls seller He heard philip Chesley Call Edward Colcord Rogue & Rascall, & that he deserved to be sold to the Berbadoes or Virginia, & he would doc it if he Could, & further not
I, John Wingett doe testify the same
deposed in Court 27° June 1661 Elias Stileman Cleric
[Court Papers, vol. I, p. 93.] The deposishon of Ann Jones
the deponant saith she heard a distourbanc A brod she Cam out and she say Goody sket down and with that Goody Abat Cried owt she had a most bit of my thom and I saw them both blody and Goody Sket sayd Goody Abbat was the Cawes of Lowsing her Child and forder the deponant sayth not
Taken upon oath before ye comiss Court 5th august 1661
Elias Stileman Com'iss'
[Court Papers, vol. I, p. 95.]
apr: 20: 1661
Philip Chesly bound in a bond of twenty pound that he shall keepe the peace with all people and especially with his wife and
486
NEW HAMPSHIRE COURT RECORDS
. allsoe to appear at Dover Court there to answer to the Complaint of his wife this bond taken by mee Tho Wiggin
[Court Papers, vol. I, p. 95.]
To ye Constable of Dover or his depte
You are required to attach ye goods & for want thereof the body of Ralph Quamley & take bond of him to ye vallue of eight pounds with sufficient securite for his appearance at ye next Counte Court held at Dover the last 3d day in June next to Answ" to ye complat of Abram Conly in an acc'on of ye case for refusing to pay him for the one halfe of a barrell of powd' bought of ye sª Conley the whole barr"} bought by him & Jnº Roberts at 71 15ª wth due damages for his sayd hafe part & soe make return undr yor hand: dated 31th May 1661
₹ Court Elias Stileman
this warrant served by me upon the lands of Raf tomly the 16: 4 m 1661 John Robearts Constable
[Court Papers, vol. I, p. 95.]
The testimony of John Robertes testifieth that goodman Canly came to know wether I would bye 12 a b' of powder with Rafe twamly: I answered him ife Rafe would have 12 that I would have the other: wear upon the sead Canly went to Rafes and came to mee ageane and the sead Canly sead that Rafe would desiere mee to fech ite: opon weh I went to fech ite and brought it to my house: and farther testifieth that after wards goodman Cunly came to demand pay for ite and my selfe and Rafe told him that ite was lost: weare opon he was contented to take three pond apese of us for ite and I told the sead Cunly that I would pay my halfe peart wich wase three ponds: and the sead twamly seemed to bee content with ite: and farther seath not:
Taken upon oath before ye Court held at Dover ye 25° June 1661
₹ Elias Stileman Cler
487
NEW HAMPSHIRE COURT RECORDS
[Court Papers, vol. I, p. 97.]
ffrom the Ile of shouldes the 26 day of June 1661
To all peapell home this my Conserne that there is A Com- plinte mad Against one Thomas wages of piscataquay that hath lived heare Soum Sertaine yeares in this Countrie on land is now to Apeare befour Court by warrant ffor Living ffrom his wiff Sires this is to certifie your worshipes that the saide Thamas wedge hath sente ffor his wiffe by manie and Severall letters to Com ffor this Countrie and shee would have Com bout by reson off her Agid ffather shee Could not leave her ffather bout since hear ffatheres desese she is now resoulvid to Com to this land by the way off barbadis or nouffondland to live with her hous- band this to certiffie you off A truth that the said thomas wages wiff is Comming to this Countrie verie spidilie this I testieffice off A truth witnis my hand Gregory ffoye
I can witenes this that of a truth that he hath sent for his wiffe severall times william Seavey
[Court Papers, vol. I, p. 97.]
To home this may Conseaine that Thomas noke hath an- sered the leaw unto me John Robearts how was Constable for being overtaken in drincke
Wheareas Thomas Nock was presented for drinking to much ye offenc was taken nottoce of this winter being comitted with a John Roberts and he the sayd Thomas Nock came ashore to- gether att ye Back Cove by me John Lyall
[Court Papers, vol. I, p. 99.]
Received of Phillip Chesly for ye use & Accomp' of m' Sam: Hall nineteen Moose Skins weighing three hundered ninetie & seven pounds the skins being in indifferent good condition I say received by mee William Killcupp
The Remainder of wt is due for ye moose skins is to be payd in Money according to m' Halls Note
488
NEW HAMPSHIRE COURT RECORDS
William kilcupp came & testified upon oath to ye truth of wt is Specified in both these writings before mee Richard Parker Com'issiont ye 4th of ye 8th mº 1661
This is a true Coppie of ye originall given into ye Court held at Hampton ye 8th 8th mº 1661 as attests
Tho: Bradbury recd
[Court Papers, vol. I, p. 100.]
The testamonie of Josuah Cheslie aged about 19 yeares Sayth that about one yeare Since being at the howse of mr Bradburie at Sallisburie Phillipp Chesley desired mee to write a coppie of what is written on the other side aboute the testamonie : of william Killcupp which I did and left it at m' Bradburies howse for m' Samuell Hall and ffurther sayth not.
Taken upon oath the 24th June 1661 In Court
Curia Elias Stileman
[Court Papers, vol. I, p. 10I.]
The testimony of Jnº Severans who testifies yt Phillip Chesly, being at his house in Salisbury about a fortnight since puld a note out of his pockett ye Same or such an other as is now prsented in Court under willi: Kilcups hand woh note hee read once or twice over & ye sd Chesly enquiered earnestly for mr Hall & ye said depont told him hee was gon into the Bay & farther saith not:
Sworn before ye Court at Hampton ye 16th 8th mº 1661 Tho: Bradbury recd
This is a true Copie taken out of ye originall on file as attests Tho: Bradbury recd 1
[Court Papers, vol. I, p. 103.]
The names of the quest of inquiry Conserning the death of Joshua Kendrick & Thomas Wilson as following
489
NEW HAMPSHIRE COURT RECORDS
mª natha fryer
Rob' mussell
mª Edw : Loyde
Charles ffrost
mª John forde
willim Lucks
George Wolten
Barned Squire
Willm Howard Robt Taprill
Joseph Bastens Willim Ash
Wee the Jury abovesayd Haveing vewed the Corps of Joshua Kendrick & Thomas Wilson (remaining) And made what in- quiry Could bee doe finde that ther house was fired wher they lived in the night season by some accedentall providence (un- known) & they both smuddered & Stifled in the fire: & after they lost their breath, the fire Consumed them to their Intrills this we give as our verdict
[Signatures removed.]
This Jury weare Deposed the 12 January 16- Before mee Brian Pendleton Commissioner
[Court Papers, vol. I, p. 105.]
The Deposition of Josephe Smith Aged 22 yeares, or there- abouts
This Deponent saith, that beinge at William Pitmans house about the latter end of this last Springe, Goodman Williams Came in, & Inquired of the sd pitman & his wife what reports those were that they had Raysed of him Concerninge his Children, unto whome the sd pitman Replyd that Hee heard of none, & so also said his wife, then presently the sd goodman Williams Call'd in his Daughter in Law Sara, & told her that both the sd pittman & his wife did deny that they ever heard any such Reportes as shee had Informed her father & mother with: then Replyed the sd. pittmans wife, no I do not deny any thinge that I told to Sara aforesd, but will Justify & make good all that I said unto her Concerninge your wives Children, wch was that, the sd goodman Williams had reported at Lubber Land that his wives Children would undoe him, & further not:
Dover Sworne in Court 28 June 1661
Elias Stileman Cler
490
NEW HAMPSHIRE COURT RECORDS
[Court Papers, vol. I, p. 105.]
The Deposition of Sara feild aged 18 yeares or thereabouts
This Deponent saith that Gooddy Pitman told her that her father in Law had Reported at Goodman Godder's house, & at William follets house, that his wives Children would undoe him, & bringe him to beggary & further saith not
Sworn in Court held at Dover 28 June 1661 ₱ Elias Stileman Cler
[Court Papers, vol. I, p. 107.]
Samuell Heynes aged about ffify Eight yeares or thereabouts sworne & Examd saith as followeth vizt that this boy of Phillip Lewis now in Controversie is the boy the sd Phillip bought of George Walton of Portesmouth
Taken upon oath before ye Court in Dover 2ª July 1663
Elias Stileman Cleric
[Court Papers, vol. I, p. 109.]
The Depos'n of m' Edward Hilton Senior
this depont saith being prsent att a bargaine making between mª Hall & Phillipp Chesley about nineteene mouse skins I did understand that ye skins were then m' Halls, & the sd mª Hall desired Phillip Chesley to putt the skins aboard the ves- sell for him And m' Hall paid the said Phillip Chesley sixteene pounds in money inpart of pay for the skins att Phillip Chesleys house & further saith not.
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