USA > New Hampshire > New Hampshire court records 1640-1692 > Part 35
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Sworne before ye Court at Hampton ye 10th 8 mo: 1661 Tho: Bradbury recd
This is a true Copie of ye originall on file as attest Tho: Bradbury recd
[Court Papers, vol. I, p. 109.]
the deposicons of Mr Edward Hilton & will: Burgine who Testifie yt being prsent at a bargaine at phillip Chesleys howse the sd chesley bargained & sould to mr Sam: Hall nineteene
491
NEW HAMPSHIRE COURT RECORDS
mouse skins att fifteene pence half pence a pound & the said Mr Hall was to pay him in ready money; & upon his returne fro' boston bringing a receipt of the weight fro' Boston fro' Will : Kilcupp to Salisbury there to rec the remainder of his money this being in June or thereabouts
Sworne before the Court at Hampton y. 10th 8 mo: 1661
Tho: Bradbury rec4
This is a true Copie of ye originall on file as attests
Tho: Bradbury reca
3971 att 15d 1/2 0 1 comes to in the whole 25-12-09% 16-00-00
out of wch take & there remaynes 09-12-09%
this is a true Copie of ye originall on file as attest Tho: Bradbury recª
[Court Papers, vol. I, p. 115.]
To the worp11 the Court Assembled at Strawberriesank
the humble pettition of Phill Chessly sheweth that wheras the petitioner had an Action brought Against him at the court by Samuel Hall of 5001 and this court adjuged but 50' to hime on ye case yr petitioner humbly intreat that his dammages may be made up to hime whiche hath not binne the first in respecte of the terrours and .. . y' petitioner and his relations hath bine under by it as allso the impayeing of his credit and Estate as giving his creditors ocations to com uppon him at once as Evere man is apt to seeke for his own in such cases of Extrem- itie as Allso that yr petitioner hath bine in that kinde a prisoner Ever since he was Attached for if God had not ?vided other- wise y' petitioner must have layed in the prison untill this time as allso wth what cruelltie the sayd Hall hath ?secuted against hime so by his Evill and unjust dealling with hime in baffling him out of his own Just debts forcing yt petitioner to take what the sd Hall was pleased to give him and so evoking yt petitioner to Speake Some inconsiderat Speaches in regard of his opresion
492
NEW HAMPSHIRE COURT RECORDS
which as its sayd will make a wise man madd much more such a weake inconsiderat pore creature as yr petitioner is and thereby to take advantage whereas the sayd Hall hath boasted himselfe in this court that he could have satisfied a debt of 10001 when the marshall could not finde above the grownd so much of his as would satisfie an Execution of 31 and therefore his wickednes the greater for its sayd men will beare with or pittie a theife where he Steall for the, satisfing of his soule thats to prserve his life but for a riche man to deall so wth a pore man I leave it to be Judged and to hime hoe is the Author and patron of Justice thus flying to y' worshipps being ordained of god to be a refuge for the oppressed hopeing to finde reliefe: and yr petioner shall pray for yr worshipps #speritie
Phillip Chesley
[Court Papers, vol. I, p. 115.]
Phillip Crumwell according to y' order att Dover when I was wth you I have recd yor mouse skins in the hands of Mr Brad- bury & that hee hath taken the Account of the weight of itt & what itt comes to I will satisfye you to Content
Yor Lov ffrend Samuell Hall
Salisburye ye 28th of July 1661
Phillip Cromwell Sworne in Court (25 June 62) that he gave mª Hall noe ord' to receive the moose skin above menconed : nor have had noe satisfacc'on for it as yet Elias Stileman Cleric
[Court Papers, vol. I, p. 117.]
· Phillip Chessley his Answer to m' Halls pleas
I wee acknoledg the law hath well #vided in that Case but if a man brings it Justly on himselfe as the playt hath don the lawe will not releive him on that case
2dly wee confess its the dutie of Everie man to mayntaine his good name but not by unlawfull meanes as cruellte opression &c 3ª1 for the #ceedings at hampton Court wee conceve it In-
493
NEW HAMPSHIRE COURT RECORDS
judecous to cast reproach and dishoner uppon a court of Justice when the law hath vided for greived ?sonns in that case as by appeale &c and further the law sayth that noe man shall have more dammages then he can prove but the plaintiffe hath not suffered at all in this case for that his name and practice is known and well understood as apeares by this Instance in bringine an acte agst the deffend of 5001 so by the records of his ?ceedings in severall courts, and further the defendant hath sufficiently #ved what was charged against hime and where he alledgeth that the deffendt might have had the benefit of the law to right himeselfe and that he knew that he had an Estate which is utterly untrew as appeares by the testamonie of Abraham Drake marshall hoe haveing an Execution to be levied for the deffend' about 31 could not finde anie thing notwithstanding he used his best indeavor. the law in owld England did Avid well in that Case for there they were Accompted Cheating Cossning Knaves that made over or obscured there Estates deluding and abusinge the law to keep men frome there Just debts. And lastly wee say that the plantive hath not Aved his Action for that he hath but single testamonie for marshall waight test that he spake the words to him at boston and Thomas Bradbure testives he spake the words at Sallsburie
[Court Papers, vol. I, p. 117.]
the deposition of Temprance ye wife of John Bickford who saith yt Samuell Hall & others had the use of Phillip Chesslyes horses & that they did not leave them with her & farther she deposeth not
This deposition taken before me ye 23 of June 62
Tho: Wiggin
[Court Papers, vol. I, p. 119.]
The Deposióc of Thomas Bradbury Junior Aged Twenty yeares or there abouts who Testifyeth y' upon the second Day of October (1661) or there abouts Phillip Chesley being att Salis- bury and mr Andrew Wiggins with him: Phillip Chesley asked
494
NEW HAMPSHIRE COURT RECORDS
this deponent where mr Hall was, or whether he was gone for England, this depont told him that hee was gone to Boston: the said Chesley asked him whether mr Hall had any Cattle or horses. this depont answered him that hee had none that hee did know of And att that time yt this depont had Conference with the said Phillip Chesley (hee said) in the hearing of this depont that mr Sam : Hall was a Knave and that hee had Cheated him of Tenn pounds wch was a due debt And further said if hee could sight of him hee could lay him fast & further saith not.
Sworn before ye Court held att Salisbury the 8th 2d mº: 1662: as attests
Tho: Bradbury recd
[Court Papers, vol. I, p. 119.]
The afermasion of Robert Pike who being somoned by mr Samwell Hale to give evidenc at ye Court at straberry bank in a cas ther to be tryed between the sayd m' Hale & Philip Chesly I being at prsent prvented by un a voyd abl accasion from cominge to that Court do declar as followeth viz
That I have heard the sayd chesly Complaine of the m' Hale for doing him wrong in withholding money from him due for skins & that he was resolved to su him for it: & in deed I think he did express himself in terms som what of the groser sort: but I having had accasion to hear the Case so often as the tryal of it at Court I Cannot well distingwith of the time of hearing the very word (Cheate) whether it wear at hampton Court or att my landlords Thomases att boston or coming hom or both but am prity confident of the too latter he being not bakward to speake: but for the Resons above mensioned as also not expecting to be caled by way of evidenc & therefor not charging it upon memory in point of words Crave leave to be for borne in respect of oath given under my hand 23 of 4 mo 62 ¿ me Robert Pyke
[Court Papers, vol. I, p. 121.]
To the Constable of Dover or his Deputie
You are hereby required to Attache the Body and goods of Phillipp Chesley to ye valew of ffive hundred pounds and to take
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495
NEW HAMPSHIRE COURT RECORDS
bond of him to the sd valew with sufficient suertye or suerties for his appearance att the next County Court to be holden att Strawbere Bank there to answer to the Complaint of Samuell Hall in an Action of defamation & slander charging him wth Cozning and Cheating sayinge that hee was a Knave and that hee had Cozned & Cheated him the said Chesley of Ten pounds (or more) wch was a just debt whereby the said Hall is Damni- fyed in his Credditt (5001) and so make a true returne und' yor hand dated the 10th of Aprill 1662 Curiam Tho: Bradbury
This attechment was served upon the body of Philip Chasly 9th June and John godard engaged for his appearance
[Court Papers, vol. I, p. 121.]
The affirmation of William Bradbury about 13 years of age: who saith that towards the latter end of last sum'er Phillip Chesly & mª Andrew Wiggin cam riding by where him selfe & his brother Tho : Bradbury were att worke, near his fathers house, & the said Chesly askt of his brother Thomas if m' Hall was in towne he told him no he was gon to Boston, & hee askt again whither m' Hall had any goods or horses in ye towne hee answered hee had none as hee knew of : Chesly then sayd that he ye sª Hall was a cosening knave & had cheated him of tenn pound which was a due debt: & farther saith not me William Bradbury
[Court Papers, vol. I, p. 121.]
The Deposico' of Richard wayt
This depont testifieth that he heard Phillipp Chesley say of his owne accord that Samuell Hall had Cheated and Cozned him of Tenn pounds or more, And these words hee spake to this De- pont In the Towne howse att Boston, in the time of the Court sitting when hee gave me an Attachmt to serve of the sd Samuell Hall either in Septembr or October 1661 & further he this Depont saith not
taken upon oath this 22th march 61- 62 befor
Tho Savage Com'iss'
496
NEW HAMPSHIRE COURT RECORDS
[Court Papers, vol. I, p. 123.]
· The testremonie of Jon Godward Aged about 54 yeres.
hoe testifies that he goeing wth Phillip Chesley to boston the sd Phillip goeing through Sallisburie towld mee that he must goe to m' Hall for monie for moosskins so when he came to mee againe he sayd to mee that m' Hall told hime that his monie was at boston and therefore sayd Phillip I hope I shall have it there so wee went together to boston and there meeting with mr Hall Phillip demanded his monie of hime the sd m' Hall tould Phillip that his monie was at Sallisburie and spoke to hime of bords and further sayth not
.
thomas Dowbte testifies that he heard Phillip Chessly de- maynde monie of m" Hall at boston Jor Godward being present m Hall towld the sayd Phillip that he would pay him in bords and further sayth not
Jnº Godard & Tho: Douty tooke oath to ye two testimonys above in court ye 25 June 1662
# Elias Stileman Cleric
[Court Papers, vol. I, p. 123.]
the deposition of Edward Hillton siny" has sayd that he being with m' Samuell Hall and Phillip Chessly m' Hall having Phillip Chesslys tobacco tongs Phillip demanded of hime his tongs sev- erall times asking him if he would cheat him of them m' Hall answered hime as he beleaved so be at to hime or according to it and further sayth not
Taken upon oath before ye Court at portsmouth 25 June 62 1 ₱ Elias Stileman Cleric
[Court Papers, vol. I, p. 123.]
I Antipast Mavvericke as Administrator to William Lem'ons Estate doe acknowledge to have Received 61 2ª of woh I have paid nineteen shillings & four pence as a debt of the sd William Lemons
Antipas Maverick
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497
NEW HAMPSHIRE COURT RECORDS
[Court Papers, vol. I, p. 123.]
The Testimony of Abraham Drake afermeth that aboute a fortnit agone I went to Sallsbury and demanded pay of M' Bradburye being the houce or place of Mr halles above to satesfi part of an Execucian granded to Phillip Chesle & goodes not being tendred I rested not knowing whare to find any till M' hall spoke with me but I herd of a horce that was sumtimes M' halles but the party tould me he was sould or mad . . . June the 25
Taken upon oath ye 25° June 1662 in Court
Elias Stileman
[Court Papers, vol. I, p. 123.]
the Deposico' of Phillip Chesley
This Depont saith yt hee came to Salisbury att the place of mr Halls usuall aboad mr Hall being not att home I left him a Coppie of William Kilcupps order and this was about the begin- 'ing of August last past & further this Depont saith not ye 10 of ye 8 mo: 61
Sworn before ye Court att Hampton ye 10th 8th mº 1661 Tho: Bradbury recª
This is a true Copie taken out of ye originall on file as attests Tho: Bradbury recd
[Court Papers, vol. I, p. 125.]
To ye Mrshall of portsmouth or his depte
You are required to attach ye goods & for want thereof ye body of Jnº Pickering & take bond of him to ye vallue of sixteenc pownds with sufficient Securitie for his appearance at ye next Countie Court held at portsmouth The Last tuesday in this prsent month to Answer to the complaint of Walter Abbutt Assigne of Mr Mathew m'shall in an accon of ye case conserning the forfiture of a bond of 121 wch sd pickering stood bound for the appearance of mª Edw : Walsh to ye commission Court to answ' ye walter Abbutts acc'on & sª Walch appeared nott: & soe make returne undr yor hand : da: 14th of June 1662
₱ Court Elias Stileman
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498
NEW HAMPSHIRE COURT RECORDS
this Attachmend was sarved on the Land of John pickering the 16 of June 62 by mee huybrecht matton marshall
[Court Papers, vol. I, p. 127.]
To the Constable of Dover, or his deputy
You are heerby Required to attach the goods, or for want thereof the Body of Ralphe Twomly, & to take Bond of him to the value of seaven pounds & ten shillings wth sufficient surety, or suretyes, for his personall appearance at the next County Courte held at Dover or porchmouth, then & there to answere to the Complainte of Capt Walter Barefoot in an Action of the Case for phisicall means & attendants as apeares by Booke to the value of three pounds & fifteen shillings in mony, or monyes worth, & so make a true Returne heerof under your hand Dated 2ª of June (1662) ₱ Curia Charles Buckner
this attachment was served on the body of Ralph Twomly and he hath engaged for his appearance the 6th June
[Court Papers, vol. I, p. 127.]
Mr Peter Coffin, you are hereby Required to take notice that the house & Land at Rocky poynt at oyster, woh was lately the dwellinge of Mr Valuntine Hill Deceased, is attached to answere the Complainte of Capt Walter Barefoot in an Action of the Case upon Accompt to the value of fifty pounds or thereabouts for phisicke & Attendants for himselfe & family: Dated 18th June (1662) Curia Charles Buckner.
[Court Papers, vol. I, p. 127.]
To the Constable of Dover, or his Deputy
You are hereby Required to attach the house & Land at Rocky poynt at oyster River of Mr valuntine Hill deceased, beinge in the possession of the Administrators of his Estate, & take Bond of them or either of them to the value of ninety pounds, wth sufficient surety or suretyes for their appearances at the next .
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499
NEW HAMPSHIRE COURT RECORDS
County Courte held at Dover or portsmouth, then & there to answere the Complainte of Capt Walter Barefoot in an Action of the Case upon Accompt to the value of fifty pounds or there- abouts in mony or moneys worth for phisicke & attendance of the sd valuntine Hill & his family, & soe make a true Returne hereof under your hand: Dated 18th day of June (1662) Curia Charles Buckner
This Attachment served upon the house & Land of M' volun- tine Hill deceased at Rocky poynt in oyster River the thursday after the date hereof by me Thomas Nocke Constable
[Court Papers, vol. I, p. 129.]
To ye Marshall 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 twelve pownds with sufficient securitye for his appearance at ye next Counte Court held at portsmouth the last Tuesday in this p'sent month to answr to ye compla of Walter Abbut in an acc'on of debt upon accompt to ye vallue of eight pownds 01' 4ª w" due damages & soe make return und' yor hand da: 16 June 1662 Court Elias Stileman
this Attachmend was sarved on the Land of John Pickring the 16 of June 62 by mee huybrecht matton
[Court Papers, vol. I, p. 129.]
The deposition of Henrie Sherburne aged about 48 years
This deponent saith that havinge some discourse w" widdow webster after her husbands desease I advised her to make prays- ment of her husbands estate & she answered she would aske ad- vise of Mr Stilman & further she said shee was confident her deseased husbands estate would pay his debts & further saith not
Sworn in Court 25 June 1662
Henrie Sherburne Elias Stileman Cleric
$500
NEW HAMPSHIRE COURT RECORDS
[Court Papers, vol. I, p. 129.]
The deposition of Richard Allesonn Aged about 29 yeares hoe sayth that he doeth not know of anie goods desposed of that was Jor websters Since his death but one Coat whiche he did weare in his life time and further sayth not
Sworn in Court 25 June 1662 # Elias Stileman Cler
[Court Papers, vol. I, p. 129.]
the deposition of Marie Jones Aged about 34 hoe sayth that after the death of Jon webster Jo" Mummer did weare the cloothes that Jon webster did weare in his life time as breches and coate severall weekes.
Sworne in Court 25° June 1662 ₱ Elias Stileman
[Court Papers, vol. I, p. 131.]
To the honored Court at Portsmouth June 25th 1662
The humble petition of John Harte
That whereas George Jones hath upon severall opertuneties or rather his owne 'occasions disturbed the peace & quietnes of yor Petitioner & his wife in detaing some linen Cloth, wch he had ast hir to make, & striking of hir when she went to Demaund it, wch made hir eye black & blew, likewise abusing hir in words, as Calling of hir Devell, old Indean Squae, & where is the ould Rouge your husband, & soe threatining of me that he would have my harte blood with many more provoaking words, in all wch yor petitioner & his wife stands much in feare of themselves both in persons & estate, as not knowing what Malice by instiga- tion of an Evill spirit may doe yor petitioners humble request is that this honered Courte would be pleased to examine the Mat- ter & to determine thereof for yor petitioners peace & quietnes, as in yo' wisdome shall seeme meete./
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[Court Papers, vol. I, p. 131.]
To the honored Court of Magistrats held at Potsmouth June 1662
50!
NEW HAMPSHIRE COURT RECORDS
The humble petetion of John Jackson Sheweth that whereas yor petitioner having lived in this River upon his lawfull im- ployment soe many yeares past with peace & quietnes amongst his neighboures wch he desireth to Continue, But having some more then ordinary affronts by George Jones, one lately Come into this towne (conserning some timber yor peticon' fallen, as he the said Jones pretendeth to be in his ground or lott) with many threatening words as may seeme to Carry an evill intent by way of Revenge, wch yor petitioner hath some good grounds in his best apprehention to Conceave may be extended : yor peti- tion" humble desire is that this honored Court in theire wis- domes would be pleased to take such order as yo' petitioner may live quietly & peaceably from any Unjust Molestation from his said neighbour. & yor petitioner shall humbly pray &c.
[Court Papers, vol. I, p. 133.]
To the Constable of Dover or his deputy
You are hereby Required to attach the goods, & for want thereof the Body of James Rawlings, & take Bond of him to the value of eight pounds, wth sufficient surety or suretyes for his personall appearance at the next County Court held at Ports- mouth or Dover then & there to answere the Complainte of Lief Ralphe Hall in an Action of the Case upon Accompt to the value of four pounds, one shillinge, & foure pence, or thereabouts, & so make a true Returne hereof under your hand: Dated 17th of June (1662) { Curiam Charles Buckner
This Attachment served on the thursday after the date hereof upon a parcell of staves by mee Thomas Nocke Constable
[Court Papers, vol. I, p. 133.]
Be it knowne unto all men by these p'sents that wee m' Edward walch of Londen m'chant & John pickring of ports- mouth doe 'bind or selves o' heires & executors unto huybrecht matton of portsmouth marshall in the sume of twelve pounds ster11 on Condic'on that the sd m' Edward walch shall person-
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502
NEW HAMPSHIRE COURT RECORDS
ally appeare at ye next Comission Court held at portsmouth to Answr to ye Complat of walter Abbutt in an acc'on of debt dew by booke according to the tenn' of an attachmt served & to abide the ord' of ye Court there In & not to dept the sd Court without Licence In witnes where of have here unto sett o' hand the 8 of July 1661 [Signatures removed.]
witnes hereunto Samuell Hall
I Huybricht Mattone Marshall of portsmouth doe assigne the with menc'oned bond unto Walter Abbutt as witness my hand the 14: June 1662 huybrecht matton
[Court Papers, vol. I, p. 135]
Wee whose names are under written doe Testifie of ye good behavior and quiet & pesable Lives of George Jones & Mary his wife this 26: 4: 62
the mark X of thomas peverely
the marke X of Jane peverly
the marke X of Elesabeth Savedg
the marke X of marthew hincken
the marke X of Jane Wallford
[Court Papers, vol. I, p. 14I.]
Robert Burnum of Oyster Riv' Engageth himselfe in the summe of. Thirty pounds sterling to be responsible to the Gov- erment of the massechuset Jurisdic'on upon condic'on hee make his sonall appearance at the next County Court to bee held at Portsmoth there to answer the complaint of Liutt Ralph Hall & m: Peter Coffin in the behalfe of the towne & Company of Dovr wob if hee doe his bond is to be void otherwise to stand in full force & vertue Dov' 24: 2: mº 1662.
Liutt Ralph Hall & mª Peter Coffin Engage themselves in ffive pounds apeece to prosecute the aforesd Complaint in the behalfe of the Township aforesd & to appeare as witnesses - Dov' 24th 2 mº 1662./
503
NEW HAMPSHIRE COURT RECORDS
The bonds abovewritten acknowledged before mee the 25: 2: 62. Tho: Wiggin
Let Hall & mª peter Coffin & Robt Burnam appearing At the Court held 27° June 1662 are discharged of this Bond ₱ Elias Stileman Cleric
[Court Papers, vol. I, p. 14I.]
The testimony of Abraham Drake Marshall afermeth that Phillip Chesley broute me an Execucion to be served uppon Mr Hall of Sallbury of twelve pounds fiveteen shillines nine pence half peney with two shillines for the Execucion of the which sume above mentioned Phillip Chesley said he had re- ceived tenn pound in money & wished me to levie the Remainder upon mr hall the which I dead to the value of 21 17' 9ª 2' the 24 of June 1662 with part of the other Charge
Sworne in Court 25° June 1662 + Elias Stileman Cleric
[Court Papers, vol. I, p. 143.]
To ye marshall of portsmouth or his deputie
you are here by requiered to ateach ye body & goods of Rachell webster ye relike of John webster desesed & take bond of her to ye vallue of fourtie sixe pounds ster1 wth soficiant security for her appearance at the next countie court held at portsmouth ye last tusday of ye 4 m° next then & yr to answere ye complainte of Capt Walter Barefoote or his aturnie in an accoª of debt to y· vallue of twentie three pounds due by bill one third in mony & ye other two thirds m chantable fish And soe make a true returne here of under yor hand dated this 20th 12 61
Curia Charles Buckner
this Attachmend was sarved on the body of Rachell webster the 24 of 12 mº 1662 by mee huybrecht matton
[Court Papers, vol. I, p. 143.]
To the marshall of Portsmouth or Constable of Dover or their Deputie
504
NEW HAMPSHIRE COURT RECORDS
you are hereby required in his magesties name to attach the goods or estate of William Roberds of oyster river & for want thereof you are to attach his #son & take bond of him to value of nine pounds with sufficient suretie or sureties for his Psonall appearenc at the next Court heild at Portsmouth the 24 daye of this prsent m° Then & there to answer the Complaint of James Pendleton & William Howard Agents and attorneys To Capt Brian Pendleton & m: John Paine In an action of debt upon acct, & due dam'ages & Soe make a true returne thereof under your hand dated June 3th 1662 : # Court Elias Stileman
This Attachment served on the house & Lott of William Rob- erds at oyster River 18th of June (62) by mee
Thomas Nocke Constable
[Court Papers, vol. I, p. 151.]
To ye Constable of Dover or his Dept
you are required in his majties Name to atch ye goods & for Want thereof ye body of Thomas nocke & take bond of him to ye value of twenty pounds with soficent surety or suretys for his apearance at ye next County Court to be holden at dover then & thare to answer the Complaynt of walter Barefoote in an action of debt due by bill for the some of eleven pounds five shillings and eleven pence to be paid in white oke pipe staves or square edged Boards with due dammage & to make a true re- torne under yor hand da: 7th may 1663
₱ Court Elias Stileman
This warrant was served upon the body of Tho. Nocke # me Tho: Roberts Const
[Court Papers, vol. I, p. 151.] -
To ye Constable of Dover or his dept
you are required in his Majties Name to Attache the body and goods of William Newman and take bond of him to the vallue of five and twenty pounds with suficent sureti or sureties for his #senal appearanc at the next County Court to bee held at Dover
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