New Hampshire court records 1640-1692, Part 4

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The grand Jurye also sented Thomas williams for suffering drunkeness in his house, fined for the same x"


The grand Jurye Asented the wiefe of Thomas Steephenson for sweringe twyse by God. witnes william Bucknere Constable


The grand Jury #sented John Crowther for sayeinge that his wife was a whore, & that his girle tolde him that henry Taylor hath bine severall times with his wiefe with manye other bad matters which wilbe further witnessed by moste of the In- habitants of strawberry bank also that the saide henrye Taylor with the wiefe of John Crowther hath after a moste marked manner purloyned the goodes of the saide John Crowther, the saide John Crowther hath publikelie related that himself, and hath saide that he woulde prove all by sufficient witnesses


we doe desire that the Courte would be pleased to send for those under named for witnesses whoe ma speake more con-


44


NEW HAMPSHIRE COURT RECORDS


cerninge the matters afore named vizt Jonas Claye Harve abbote Roberte Davis servante of henry Taylor anthonie Brackette ffrancis Rande


Jonas Claye Robert Davis ffrancis Rande & his wiefe did come to dover & testified conc'ing the former sentmente and were to have for their coming alowed by the Courte out of John Crowthers estate xxix8


William Storer Clarke for the trayned band of Dover sworne the vth of the vith month before me George Smyth


know all men by these prsents that I George Barloe of Exeter doe acknowledge my selfe to owe & be indebted unto Edwarde Gillman the some of thirteen pounds twelve shillings & foure pence wch is in parte of paye of a Covenante bearing date the 20 december (49) for the treu & sure #formance of the same paye according to Covenant I the said George Barloe doe mort- gage unto Edwarde Gillman one black Cowe wch I bought of Richarde Swaine with a Calfe by her side and browne Cow which I bought of John . . . and a brindel Cow bought of John Bursley which henrye Green tooke from me at John Crames, one sanded sowe with foure shoots, the Cow that henry Green took away George Barloe is to try the tytle of, at his owne Charge: Provided the saide George Barloe shall pay or cause to be payd unto Edward Gillman or his assignes the some of thirteen twelve shillings and sixe pence accordinge to Cove- nant or make good any just damage Edwarde Gillman shall · sustaine thereby, then this mortgage to be voyde & of none effecte, or else to remayne in full force & strengthe


George Barloe


signed & del'ed in the prsence of Joseph armitage ffrancis Trickey


Recorded the . of the I mº 1640


Actions entered & tryed at the Courte held at Dover the 8th of the 8th month 1649 vizt .


45


NEW HAMPSHIRE COURT RECORDS


James Johnson plantife againste Thomas Johnson in an action of the case upon accompte for dyette & worke.


The Jurye finde for the plantife 91 168 damage and costs of Courte: Costs of Courte & witnesses 368 3ª tot : 111 12º 3ª execu- tion granted for 111 128 3d & iis for the execution beside the fees for the marshall for executinge the same.


James Johnson plant againste Thomas Johnson in an action of the case for not ?forminge the payment of 1500 of red oak bolts


The Jurye finde for the plantife x1 x8 damage & costs of Courte Costs of Courte for entering the action 0-10-0


ffor 3 witnesses 3 dayes at iis ₱ daye 0-18-0


ffor the attendance of the plant 3 dayes 0-06-0


ffor an attachment & serving it 0-02-3


2-16-3


10-10-0


12-06-3


Execution granted for 12' 69 3ª and iis for the execution besides the marshalls fee iis


Thomas Johnson plantife againste James Johnson in an action of the case for an accompte for payment of certaine porke Corne worke & else.


The Jurye finde for the plantife 13' Is and costs of Courte Costs of Courte & witnesses 11 168 3d tot. 141 178 3ª


The 30th of the I month (50) execution beinge granted for the marshall to leavie of the goodes & cattalls of Thomas Johnson in parte of the some of 141 178 3ª before specified, to satisfie James Johnson the some of 121 68 Id for a verdict granted him at the Courte above written The saide marshall leavied the some of 121 68 Id to satisfie James Johnson of the 14' 178 3 the saide Thomas Johnson had a verdict granted him againste James Johnson at the Courte before specified


46


NEW HAMPSHIRE COURT RECORDS


Nicholas Roe plantife againste Jonas Claye in an action of the case for killinge a Cow of his


The Jurye finde for the plantife . . . him vii' x' damage and - Costs of Courte


Costs of Courte alowed by the Courte . . . the #ticulars of his byll of charges doth appear the some . I' xd tote xi' xi·


Anthonie Emerey & ffrancis his wiefe plantifes againste George web in an action of slaunder & defamation for that the saide George web saide that the saide ffrancis was a witch


The Jurie doth finde for the plantifes & give them x' Damage & costs of Courts, and likewise that George web shall on the nexte lords daye make a publike acknowledgement that he did the plantife ffrancis wronge, in the #sence of the assemblie, and also shall make the like acknowledgmente upon one other lords daye within one month after, and in case he doe not #forme the said acknowledgements he is to paye the said plantifes v1


Costs of Courte 178 9ª damages 10° tot. 11 7ª 9ª


Richarde pincombe plantife against John Roberts in an action of assalt and batterie


The Jurie doth find for the plantife & give him fyve pounds xiis iiiid and costs of Courte. costs of Court is 21' 3ª


Costs of Courts is for entering the action 10' for two witnesses 3ª for the attachmente & servinge ii iiid for 3 dayes attendance of the plantife vis tot. 61 14º 7ª


Capt nicholas Shapleigh plant againste Thomas Trickey in an action of debte dew by byll.


The Jurie doth finde for the plantife, & give him iii' I' and for the plantife to paye costs of Courte, beinge 8° for 4 dayes attendance


Mª Richarde Cutt plant againste william pomfrette in an action of the case for not makinge or forminge a good sale of a horse accordinge to a certaine writinge hearetofore made by the said william pomfrette unto the saide Richarde Cutt.


47


NEW HAMPSHIRE COURT RECORDS


The Jurie doth finde for the plantife & give him vii x' damage with xxª for forbearance, besides the costs of Courte


Costs of Courte alowed is xviiis viid tot. 91 13º 3ª


William Wormewood plant againste mª John Seley in an action of the case for non paymente of certaine money, as beinge administrator to m' nicholas Browne deceased


The Jurie doth finde for the plantife & give him 131 15' 3ª and costs of Courte


The Courte doth discente from the verditt of the Jurye


Mr Sampson Lane plantife againste a bark of mr Richarde Cutt & m" John Cutt in an action of the case upon accompte, yf the saide bark be John Cuts, and in an action of the case for a Judgement obtayned by Thomas Savage yf the barke be Richarde Cutts


The Jurie doth finde for the plantife, that m' John Cutt is to give unto m' Sampson Lane an accompte of 24 pipes of wine & costs of Courte and doe also finde the barke to be m' John Cuts


The Courte doth discente from the verditt of the Jurie


Mª Sampson Lane plant againste Thomas Turpine in an action of debte.


The Jurie doth finde for the plantife & give him xx1 vii" vid damage and costs of Courte.


Darbey ffielde plantife againste John Shawe in an action of debte of 1051 98 4ª


whereas John Shawe was attached, and a bonde of 1501 given for his appearance, and for wante of his appearance the bonde is forfeited


In an action that Joseph Ermitage brought againste George Branson at hampton Courte the 2 of the 8 month (48) it beinge referred to the nexte Courte at Dover with the consente of the plantife, upon hearinge of the cause at Dover before the Jurie in Courte.


The Jurie doth finde for the Defendante & give him costs of Courte Costs of Courte alowed by the Courte viz*


-


48


NEW HAMPSHIRE COURT RECORDS


ffor 5 dayes attendance at hampton Courte for him- self and 4 witnesses at iis each + diem is 2-10-0


Itm at Dover Courte for himselfe & 2 witnesses for 5


daies attendance at 28 each # die is I-10-0


ffor a copie of the records of the Courte at hampton


paid m' Bradberey


0-02-6


4-02-6


M: John Seley plantife againste Thomas Canney in an action of the case for takinge or deliveringe certaine pipe staves of his at Newichawanocke


The Jurie doth finde for the plantife & give him xii' and costs of Courte


Josepthe miles plantife againste John Reynolds in an action of debte for not Øformance of an awarde upon a bonde of x! to stand to the awarde made by hatevill nutter & John Baker


The Jurie doth finde for the plantife & give him x1 damage and costs of Courte.


ffor enteringe the action


IOS-Od


ffor his attendance 4 dayes


08 -0


ffor 4 witnesses at iis + man


08 -0


ffor the attachmente & serving it


02-3


28-3


Thomas Willey & margarette his wiefe plantifes againste william Seavie in the behalfe of themselves & Sarah Crawforde one of the daughters of Stephen Crawforde deceased & the saide margarett, in an action of ffiftie pounds in his hands or costodie wch was the money or goodes of Susan Crawforde deceased an other of the daughters of the saide Stephen Crawford and the saide margarett.


This action is ordered by the Courte as by the order thereof doth appear


.


49


NEW HAMPSHIRE COURT RECORDS


George walton plant againste william palmer in an action of the case for none paymente of certaine pipe staves by byll.


The action entered but noe apparance.


Whearas nicholas Roe did som'on Thomas williams & John moyses to appeare at this Courte, and did not enter his action, it is therefore ordered that he shall paye John moyses for his charges vis viiid


wheareas the servante of Thomas Trickey havinge attached certaine money in his masters hande for wagis dew to him by Sir david kirke knight but did not presente the same


yt is therefore ordered that the said . . . shall paye Captaine Shapley vis viiid for not prosecuting his action against Capt Shapley at this Courte at Dover the 8th of the 8 month (49)


Mistris Susanna Whittinge plantife against James Rawlins in an action of the case for none paymente & carrienge of cer- taine pipe staves bolts & else.


This action is continued untill the nexte Courte


At the Courte holden at Dover the vith of the viiith month (49)


William hilton doth acknowledge himselfe to be indebted unto m' Sampson Lane in the some of one hundred pounds ster- linge, and doth acknowledge a Judgement thereof in Courte.


At the foresaide Courte William Roberts doth acknowledge himself to be indebted unto Captaine Thomas Wiggin in the some of thre pounds and eighte shillings, and doth acknowledge a Judgemente thereof in Courte.


At the foresaide Courte Steephen pearse, mathew Joslian, & Thomas . . .. are fined each of them in iiis iiid for drinkinge wine in an excessive manner at the house of James Johnson.


James Johnson at the saide Courte is fined for thre several offenses in v& each for sufferinge henrye Taylor & others to drinke wine in an excessive manner in his house, the whole some for him to paye for his fines is xv8


50


NEW HAMPSHIRE COURT RECORDS


At the foresaide Courte the administration of the goodes of Susan Crawforde deceased daughter of Steephen Crawforde also deceased, is graunted unto Sarah Crawforde the daughter of the saide Steephen Crawford, and this Courte doth order mar- garett willey the mother of the saide Sarah & Thomas willey the husband of the saide margarette, to be gardians unto the saide Sarah, her daughter, and that they are to give a trew & juste accompte of the saide administration unto any Courte to be holden for Dover when they shall be required


It is ordered by the Courte that Roberte hethersaye is for to take the first opertunitie for his passage for England to his wiefe and in the meane time to give 201 bonde for formance thereof, But if he shall give satisfaction to the nexte quarter Courte at Boston for his not goeinge to his wiefe, then this order to be voyde, or else to remayne in full force.


Wheareas at the Courte helde at Dover the 7 of the 7 month (47) it was ordered that hampton Strawberey banke & Dover should send forth fouer men to veiw & lay forth a countrey high waye between hampton & blodye pointe sufficent for horse & men by . . . nexte after upon the penaltie of five pounds as by the saide order more at large appeareth, now for as much as the saide order was but in part Øformed; yt is therefore now further ordered by this Courte that yf the said high waye be not made sufficent before the laste of aprile nexte for horse & men, that then the saide hampton strawberey banke & dover shall forfeite or paye the some of tenne pounds.


The Courte doth think it fytte that Thomas pettett is for to keep an ordinarye and to draw wine until Salisbury Courte nexte.


Roberte Puddington is to be Constable for the lower Øte of strawberey bank for one yeare and untill an other be chosen in his place


George monke is sworne the 8 of the 8 month (49) in Courte to be Constable for starre Islande for one yeare and untill an other be Chosen in his place.


francis Rande is sworne in Courte the 9 of the 8 month (49)


MAR 5


1945 51


NEW HAMPSHIRE COURT RECORDS


to be Constable for the upper Øte of strawberry banke for one yeare & untill an other be chosen in his place.


henye Sherbourne of strawberry banke sworne in Courte to be a Clarke of the writs.


henrye Sherbourne, William Seavie, & Reynolde ffernalde sworne in Courte whoe are chosen and authorized as com'is- sioners to heare and determine small causes, accordinge to the lawes in that case established


whereas John pickeringe was bounde in A bonde of two hundred pounds for the appearance of John Cutt at Courte holden at Dover the vith of the 8 month (49) to answere the complainte of m' Sampson Lane in an action of the case upon accompt, woh John Cutt hath justlie #formed, now the saide bond not beinge to be founde, the Courte hath Judged it to be voide, and John pickeringe cleere of the saide bonde & Ingage- mente.


Roger knighte for not enteringe his action againste mr Rich- arde Cutt this Courte, mr Cutt is alowed by the Courte for 6 dayes attendance xiis


James Johnson is alowed by the Courte to keepe an ordinarie at his house at strawberey banke, and alowed to sell wine untill the nexte Courte.


James Johnson is alowed to have to ferrie one man to Dover ii" yf more than one then xvid each, and to strawberie banke for one man Is yf more then 8ª each and to m' hiltons house for one Pson I' yf more then 8d each, and to walfords Island iid for one Øson & to henrye sherbournes Id yf more then halfe so much


henrye becke for not enteringe his action against Anthonie Emerey is to satiefie him for his attendance 68 8d


At the saide Courte the administration of the goodes & Chattells of henrye Taylor deceased is granted unto John webster and upon a trew inventorie taken of all the goodes of the deceased the same goodes & Chattalls shalbe equallie defraied amongste the creditors as shall appear to be the trew debts of the deceased as by the nexte Courte shall be allowed & in the meane time allowed by mr Smyth and mr walderne.


GENEALOGICAL SOCIETY


OF THE CHURCH OF JESUS CHRIST 29137


OF LATTER-DAY SAINTS FAMILY HISTORY LIBRARY


0181654


52


NEW HAMPSHIRE COURT RECORDS


whereas certaine yeares paste ffrancis Raynes sold unto Darbey ffield a horse wch horse was illegallie suide, and the saide Darbey solde the saide horse unto william pomfrette, and he solde the saide horse unto m' Richarde Cutt wch horse Capt ffrancis Champernoune did recover at a Courte holden at Dover and at this #sente Courte holden at Dover the 9 of the 8 month (49) the saide m' Cutt had a tryall against the saide william pomfrette for the said horse and william pomfrett was caste for damages & forbearance in 91 vis and costs of Courte and Darbey ffielde came into the Courte & did acknowledge that he hath given william pomfrette a letter of attornie to sue the saide ffrancis Raynes for the saide horse, and what soever the saide william pomfrette shall recover it shall be to his owne purpose.


Thomas Layton chosen Constable for Dover & sworne for one yeare & untill an other be chosen in his place.


The 9th of the 8th month (49)


It is ordered by the Courte that starre Island shall contribute towards the charges of the saide Courte, and that two men of Dover & two men of Strawberry banke & one man of starre Islande shall meete to consulte and agree of a propotionable rate, what each place shall paye towards the saide Courte charges within 15 dayes after notice given heareof by m' Smythe, and in case the saide men shall not meete or agree within the saide 15 dayes for the makinge of the saide rate, The Courte doth further order that m' Smythe & m' walderne shall have power to make a rate what each place shall paye towards the saide Courte charges, and it is provided and ordered by the Courte that in case such rate or rates which shalbe made be not paide unto william ffurburre or his deputie or the constable of the place by the places respectivelie within the space of one month after such rate or rates made as afforesaide, that then the marshall or Constable of the place by warrante from m' Smythe shall have power to leavie the same on the goodes or cattalls of any the Inhabitants of the place or places that shall not or doe not paye his or theire proportionable parte of the same rate.


53


NEW HAMPSHIRE COURT RECORDS


yt is ordered by the Courte that the marshall shall have 408 for his paynes for executing his office, to be paide out of the fines or actions.


At the Courte holden at Dover the xth of the 8th month (49) mr Richarde walderne acknowleged himselfe to be indebted unto m' Valentine hill of Boston in the same of ffourtie & eighte pounds, and doth acknowledge a Judgemente of the same in Courte.


This is to testifie that I valentine hill did deliver to Edwarde Calcorde and by his order, two oxen, tenne bushells salte, and sixtie pounds of tobacco which goodes was for the accompte of m' Richarde walderne for foure thousande of bolts, for which he standes ingaged to me, and for which he hath acknowledged a Judgemente for bolts & damages, the some of ffourty & eighte pounds sterling, beinge dew march 15 1643.


mr Valentine hill sworne at Dover Courte the xth of the 8 month (49) whoe affirmed on his oath that the misses nexte above written was trew.


The xth of the viiith month (49) Jonathan Coventry & John wotton acknowledged them selves indebted unto mr George Smyth in the some of ffiftie shillings to be paide the seconde daye of maye nexte ensuinge and have acknowledged a Judge- mente thereof in Courte


Know all men by these prsents that I Thomas Turpine fisher man upon the Isle of sholes doe assigne sette over, and by these prsents doe deliver unto William Seavie ffysher man of the Isle of sholes my thre Cowes with their Calves woh are now in the costodie of walter abbott wch I for and in consideration of the some of Twentie pounds alreadie received of the foresaide william Seavie, witnes my hand the 7th of ffebuary 1648


The marke of X Thomas Turpine


witnes John Treworghie John Seley


vera copia cum orignale and recorded the 25 of the 9th mo : 165.


This testifieth that I Valentine hill of Boston acknowledgeth my selfe indebted unto m' Thomas Cobbit of Linne for the estate of Jane Skipper in my hande, whose ₱son is com'itted to my truste, as also certaine somes received of himselfe, all


54


NEW HAMPSHIRE COURT RECORDS


which amounts to one hundred pounds sterlinge, woh some I binde my selfe to pay to the saide m' Cobbit his executors ad- ministrators or assignes for his use & the said Jane firste of December one thousand sixe hundred & fiftie & fyve, and for his and her better securitie in respecte of the space of time I the saide valentine hill doe heareby binde over to him the saide Thomas all my righte in three quarters of Oyster River in pascattw accordinge to the Townes grante, as also all my righte in three quarters of the mill . . . erected there at prsente, or in its beste #fection, but upon my #formances of the saide hundred pounds, my executors or administrators in the time mentioned this my ingagemente by securitie to be voyd or else to remaine in full force, wth this consideration yf the estate is to be solde for the payment of the hundred pounds, & the reste to be retorned unto me my executors or administrators: In witnes heareof I have sett to my hand & seale this eighteen of november one thousand sixe hundred & fiftie:


₹ me Valentine hill


witnes william ffurburre


vera copia cum originale and acknowledged by mr hill the 22 of the 9th month 1650 before me George Smyth


The xvth of December 1650


These prsents witnesseth that I Samuell Austine have solde and made over to william ffurburr of dover all my righte and title of my house and two lotts with all the boards aboute the saide house, and doe now give the saide william ffurburr full possession of them, and doe acknowledge my selfe satisfied for them, all but thre pounds to be paide to goodman bearde by nexte michalmas, in pease or wheate, or goodes price currante, witnes my hande the daye & yeare above written


Samuell Austen


witness to this deed Thomas Clayton John Damme vera copia cum originale and acknowledged before me


George Smyth


NEW HAMPSHIRE COURT RECORDS


-


55


Actions tried at the Courte holden at Strawberey bank the 8, 9, 10 of the 8 month 1650


Nicholas Roe plantife againste John Pickeringe defend in an action of the case for that Jonas Claye did not answere him at the laste Courte helde at dover, accordinge as he was bound for him.


The Jurye doth finde for the defendante: and give him costs of Courte Costs of Courte for the defend attendance one day ii"


William wormewood plant againste John Reynolds defend in an action of the case for deteyninge of three goates & a sowe three yeares.


The Jury doth finde for the plantife iii' xv® & costs of Courte Costs of Courte : for enteringe the action IO5-0d


ffor william James a witnes one day iis Robert mussell I day Iº 6d


03 -6


ffor Robert mendum I daye iis margerey Everard 2 dayes


06 -0


ffor the attendance of the plant. 3 dayes


06 -0


ffor the attachment & servinge it 02 -3


27 -9


tot. vl iis ixd


Robert Puddington plante againste william Ellingham defend in an action of batterey, for beatinge of him beinge Constable


this action put to arbitration


William parnell plant Steephen Sercewte late deceased defend upon an action of debte to the valew of sixe pounds


The Jurie retorned noe verdit on the action


Thomas Johnson plant againste James Johnson in an action of reveiw of an action of the case whereby the said James John- son had a verditt againste the said Thomas Johnson at the laste Courte helde at dover for none payment of certaine Clapboards.


Thomas Johnson is non suite in his action


Phillip Chesley & william Roberts plantifes againste Thomas beard and phillip Lewis defend in an action of the case for


56


NEW HAMPSHIRE COURT RECORDS


cuttinge & carrieing away certaine pipe staves made of their bolts, without their order or consente at Oyster River plantation


This action agreed amongst themselves


Thomas Beard & phillip Lewis plante againste phillip Chesley and william Roberts in an action of the case for none payment & deliverey of two thousande of white oake bolts accordinge to agreemente


this action agreed amongst themselves


Nicholas Roe plant againste John webster defend in an action of the case for not takinge a sufficient bond of John pickeringe, whoe was bounde for the apperance of Jonas Claye at the laste Courte helde at dover the 8 of the 8th month (49) to answere the complainte of the saide nicholas Roe for killinge his Cow.


The Jurye doth finde for the plantife twelve pounds damage & costs of Courte. Costs of Courte in all alowed by the Courte is xxiiiis Execution is to be forborne for the space of sixe monthes.


Jeremie Sheres plant againste John Jones in an action of the case for deteininge his apprentice ffrancis Jones from him


The Jurie doth finde for the plant, whoe is to have his servante, and the time wch is paste to goe on from the date of the Cove- nante and John Jones is to pay the coste of the Courte, and Jeremie Sheres is to pay John Jones ffortie shillings towarde the maintaynance of the said apprentice duringe the time of his neglecte for not demandinge of his servante


Thomas willey plant againste Edwarde Calcorde defend in an action of the case for keepinge & deteyninge a certaine byll or writing from him of a debt dew to him by mr George Joclaine


The Jurie doth finde for the plantife foure pounds foureteen shillings and niene pence, and costs of Courte


The costs of Courte alowed by the Courts is xxiiis iiid


Phillip Lewis Thomas Beard & william Cotton plantifes againste John webster in an action of the case for not retorninge'


57


NEW HAMPSHIRE COURT RECORDS


an attachmente to him delivered againste henrye Taylor at the Courte held at dover the 8th of october 1649


The Jurie doth finde for the defendante costs of Courte


Phillip Chesley & william Roberts plant againste Thomas Beard defend in an action of the case for damage to the valew of tenne pounds for breakinge of a saw of theirs.




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