New Hampshire court records 1640-1692, Part 5

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The Jurie doth finde for the defend Costs of Courte.


George Branson plant againste Roberte hethersaye defend in an action of the case or debte, for not ?forminge his promise for payment of certaine Corne & other thinges.


The defend appeared not


Costs of Courte alowed ffor enteringe the action X8


ffor 3 dayes attendance of the plant vis


ffor the attachment & serving it


henrye Sherburne plant againste Thomas wedge defend in an action of slander on the wiefe of the plantife


The Jurie doth finde for the plantife, that the defendant is to acknowledge three severall times that he did the wiefe of the plant wronge, the first acknowledgment is to be done in open Courte, and the nexte to be made on two lords dayes in the publik meetinge house at strawberey banke wthin one month nexte ensuinge, and upon neglecte of either of the said times to forfeite five pounds damage to the plantife, & to pay costs of Courte.


The names of the grande Jurie sworne at Strawberye Courte held the 8 of the 8 month 1650 whoe are to retorne their prsent- ments the firste daye of the nexte Courte to be holden at dover


henrye Sherbourne Thomas walforde


william ham william Bearde henrie Langster mr william Cousins william Berrie


John Bigforde


John Awlte


John Sherbourne


william palmer


Anthonie Ellyns


John marten


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NEW HAMPSHIRE COURT RECORDS


The names of the Jurie for tryall of actions at the Courte helde at Strawberie banke the 8 of the 8 month 1650


Reignolde ffernolde


. James Rawlyns


Clemente Campion


John hall


James Johnson


william ffurburre


John Dam


John Webster


mathew Giles


Anthonie Brackett


James newett


Edwarde Barton


Orders & other acts of Courte ordered & made at the Courte held at Strawberey banke by Thomas wiggin Esquire magistrate and mr George Smythe & m' Richarde walderne associats the 8, 9, and 10th of the 8th month 1650 as followeth.


It is ordered by the Courte, and agreed between william Seavie & Thomas willey & margaret his wiefe on the behalfe of Sarah Crawforde the daughter of Steephen Crawford Deceased and the saide margaret as followeth: That whereas there is in the custodie of the saide william Seavie the some of thirtie pounds now dew unto the saide Sarah Crawford yt is ordered that the saide william Seavie shall bringe the saide thirtie pounds into this Courte, or otherwise to paye it as this presente Courte shall further order the same.


yt is ordered by this Courte that the foresaid william Seavie shall paye unto the foresaid Thomas willey & the said margaret (whoe are gardians unto the said Sarah Crawford) the foresaid thirtie pounds in manner followinge that is to saye xv' in Cattell, viii1 in linnen & wollen Cloth, to be praysed by one man to be chosen by william Seavie, and one other man to be chosen by Thomas willey, and by william Storer marshall, and the other viil in currant money.


Thomas Willey and william Bearde doe acknowledge them- selves to be indepted unto this Courte now helde at Strawberey banke in the some of ffiftie pounds sterlinge, upon Condition That yf the saide Thomas willey and william bearde or either of them their executors or administrators doe or shall paye or


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NEW HAMPSHIRE COURT RECORDS


cause to be paide into the nexte Courte to be helde at Dover or strawberey banke (which is esteemed to be held aboute a yeare nexte ensuinge) the some of thirtie pounds sterlinge, for the use & behoofe of Sarah Crawford the daughter of Steephen Craw- ford deceased, then this prsente acknowledgment to be voide or else to remaine in full force & vertue.


acknowledged in Courte the 8 of the 8 mº 1650


at a court hild the 28 of Jean. 1651 William beard was dis- charged from this bond by the sayd court:


whereas the goodes of Josepth miles was attached at the suite of John Reynolds for a debte of v' x8 to answere him at the nexte Courte to be holden at Dover or strawberey banke (it beinge this prsente Courte) and for as much as the said John Reynolds did not presente his action, yt is therefore ordered by this Courte that John Reynolds shall pay the charges of the said Josepth miles vizt for his attendance two dayes 48 for two dayes attendance of hatevill nutter as a witnes 4ª for a som'ons for John Baker iid for a somons for hatevill nutter iid for the marshall for servinge the two som'ons xiid total 98 4d


Samuell Austine sworne in Courte to be Constable for Dover for one yeare and untill an other be chosen in his place.


william Berrie sworne in Courte to be Constable for the loer Øte of strawberry banke for one yeare & untill an other be chose .


Edwarde Calcorde fined x8 for tellinge a lye in open Courte.


yt is ordered that mr George Smyth shall take the oath of Rise Codogen to be Constable for starre Island for one yeare & untill an other be chosen in his place, whoe was sworne accord- inge to the order.


John awlte sworne in Courte to be Constable for Oyster River plantation for one yeare and untill an other be chosen in his place.


Kathrine Wormwood affirmed upon her oath in Courte helde at Strawberey bank the 10th of the 8th month (50) that she did heare Edwarde Calcorde saye yeasterdaye beinge the 9 of


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NEW HAMPSHIRE COURT RECORDS


this presente month, that he would pluck the Captaine (mean- inge Captaine wiggin) of the benche.


Katherine wormwood sworne in Courte.


George Branson likewise affirmed upon his oath in Courte helde at Strawberey bank the 10th of the 8th month (50) that he did heare Edwarde Calcorde saye yesterdaye beinge the 9 of this presente month that he woulde pluck the Captaine (meaninge Captaine wiggin) of the bench.


George Branson sworne in Courte.


James Johnson & Thomas Jaye stand bounde to this Courte in the some of x1 that Edwarde Calcorde shall #sonallie appear at the nexte Courte to be holden at Salisburie to answere the complainte of this Courte holden at strawberey bank the xth of the viiith month (50) for speaking these words vizt That he would pluck Captaine wiggin of the bench.


Mr George monke, on the behalfe of m' John Seley doth in Courte binde himselfe in x1 that Thomas wedge shall make acknowledgment thre severall times within this month that he hath done the wiefe of henrie Shurburne wronge, the firste whereof to be made in open Courte, and the reste to be made upon two Lords dayes in the publike meetinge house at straw- berey banke, wthin one month nexte ensuinge and for neglecte of either of the said times to forfeite v1 damage to henrie sher- burne and to paye Costs of Courte.


James Johnson is alowed by the Courte to keep an ordinarie and to sell wine untill the nexte Courte, and also to keep a ferrie as was formerlie ordered by the Courte at dover the 6 of the 8 month (49)


George Walton is alowed to keep an ordinarie and to sell wine untill the nexte Courte, and to keep a ferrie for passengers, and is alowed to take for everie Øson to m' hiltons house, and mr Champernownes house at the greate harbor vid, and to strawberey bank for everie Øson xiid, and to James John- sons for evrie Øson xiid and this to continew untill the nexte Courte.


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NEW HAMPSHIRE COURT RECORDS


yt is ordered by the Courte that attachments shalbe granted againste all sons prsented by the grand Jurie, not answered, to appear at the nexte Courte to be holden at Dover to answere the same.


yt is ordered that william Berrie shall have alowed him for his travels in bringing the goodwiefe Chatterton & others to mr Smyth by his warrante, and for his attendance at Dover Courte in anno (45) where he paide for his diette to George walton himselfe, and could not have it alowed otherwise the some of viii:


The administration of the goodes of Thomas Turpine deceased is by the Courte granted unto m' william paine, whoe is to prsente a trew & #fecte Inventorie thereof at the nexte Courte to be holden at Dover and in the meane time to pay such dew debts as the saide deceased did owe, soe farre as the saide goodes will amount unto, and to give an accompte of the same at the said Courte


at the said Courte hercules hunkins is fined vis viiiª for not appearinge to serve on the grand Jurie at the saide Courte, and for sayinge that he would not come as was affirmed by the Constable


At the Courte held at strawberey bank the xth of the viiith month (50) John Webster doth binde his house & lande at strawberey banke unto this Courte for the paymente of xii damages & Costs of Courte (beinge xxiiiis) granted unto nicholas Roe by a verditt at this Courte by the Jurie, the pay- mente of the said xii' & xxiiiis is to be formed at or before the end of sixe month nexte ensuinge and in the meane time noe execution is to be granted unto the saide nicholas Roe upon the saide verditt.


wheras Thomas walforde was indebted unto m' william paine by byll for three thousande & a half of pipe staves, I william paine doe acknowledge my selfe to be satisfied for them, and this is a full discharge for all debts dewes and demands from the


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NEW HAMPSHIRE COURT RECORDS


beginning of the world to this daye witnes my hand this 9th of October 1650


Willm Paine


acknowledged in Courte.


yt is ordered by the Courte that wheras ther is a suite depend- ing in this Courte betwixte m' John milles plant and Capt ffrancis Champernoune defend wch suite is to be continued untill the nexte Courte to be holden at Dover.


John Wotton is bound in v1 to this Courte for to goe to his wiefe, or else to appear at the nexte Courte to stand to the sensure of the Courte.


Roberte Davis is bound in v1 to this Courte for to goe to his wiefe or else to appear at the next Courte to stand to the sensure of the Courte.


Thomas Wedge is bound in vl to this Courte for to goe to his wiefe or else to appear at the nexte Courte to stande to the sensure of the Courte.


which three were prsented by the grand Jurie for livinge from their wifes and were admonished, and to pay each of them iie vid fees.


The deposition of hatevill nutter


The deponent sayth (to his beste remembrance) that aboute three yeares since beinge in the house of George Walton wth mª Edwarde Calcorde & Thomas willey & George Branson, did see a byll of m' henrie Joclyne in the hande of Thomas willey, wch he delivered unto Edwarde Calcorde, upon this condition that he was to recover the debte of the foresaide m' Joclyen for Thomas willey, and the saide Thomas willey promised him full satisfaction for his pains


This deponent sworne in Courte.


The deposition of George Branson


The deponente sworne sayth that neer three yeares since, or thereabout the deponente beinge in the house of George walton in dover, sittinge in company with Thomas willey and Edward Calcorde, goodman willey havinge a byll of m' henrie Jocleyn,


.


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NEW HAMPSHIRE COURT RECORDS


delivered the saide byll to Edwarde Calcorde upon these termes that he was to recover the debte of the saide mr Joclyen, and the said Thomas willey promised Edwarde Calcord full satis- faction for soe doeinge, & therupon he received the saide byll. sworne in Courte.


know all men by these prsents that I william Cousens of starre Island at the Isle of sholes, for & in consideration of the full some of twentie pounds to me in hande alreadie paide, have bargained & solde unto mris marie mendam a new house on the Island afforesaide wch was builte by me the saide william Couz- ens, woh house is scituate opposite to the Cove on the Island affore mentioned. To have & to holde the saide howse to her the saide Marye mendam her heires & assignes for evermore; and the saide william Couzens his heires & assignes, to give her the saide marye mendam quiet possession to her and her heires & assignes from any claime or eviction of any Pson or sons whatsoever In witness whereof I have hearunto sette my hand yeven this twentie thirde daye of december annoqe dom 1650.


William Couzens


[Witness] John mathews John Deamont


Concordat cum originale and Recorded the 28 of the firste month 1651 By me George Smyth recorder


a receipt what staves I John hart received for mr kimble


of Thomas Canney 18 hundred of pipe staves


of John Goddard 16 hundred half hogghead staves


of Ralph hall 19 hundred pipe staves


of Ralph hall 12 hundred hogghead staves


of Ralph hall of pipe staves 27 hundred and quarter


of hogghead staves 7 hundred halfe


Concordat cum originalem and recorded the 7th of the second month 1651 By me


George Smyth recorder


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NEW HAMPSHIRE COURT RECORDS


know all men by these prsents the I John webster senior of strawberey banke brewer, for the entire affection I beare to my sonne John webster doe frelie & absolutelie give unto my saide sonne all my goodes and Chattalls moveables & unmove- ables, To saye one Cowe with a heyfer with increase, as also three sowes & their increase, with my dwellinge house & brew house, wth the lande thereunto belonginge, one ffishinge boate wth all to her belonginge, my ffurnice with all my brewinge vessells, all bills bonds debts dewes, & demands whatsoever properlie dew to me, and resigne over to my saide sonne all the above saide goodes specified to him as his owne proper goodes, and for him his heres executors or assignes, to dispose of at there will & pleasure without any lett Deniall eviction or contradiction of me the saide John webster senior or by any from by or under me. In witnes of the truth have heareunto sett my hande & seale the 20th January 1650


John Webster


Signed sealed & delivered in prsence Paul X white John mathews


Concordat cum originalem and recorded the seconde daye of the seconde month 1651 By me George Smyth recorder


whereas Ambrose Lane of Ting mº in the Countye of deavon mīchant being of Late in new ingland Left an estate in the hands and possession of Sampson Lane of strabery bank in new ingland mchent amounting to the valew of one thousd pounds sterling or ther abouts know now there fore all men by these presents that I the sd Sampson Lane for the securitye and paymt of ye sd estate or valew there of and for divers good Causes and Con- siderations mee there unto especiely moveing have given bar- ganed granted and sold and doe by these presents give grant bargan and sell unto the sª Amb Lane his hears and assignes one mesuage or dwelling house situate and beeing just above banck afore said wth the apartonances and all the Lands meddow and pasture belonging to the said house wth all the out houses,


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NEW HAMPSHIRE COURT RECORDS


barrens stables gardins orchards woods under woods Commans meddows pastures feedings Comodityes and preveledges there unto apertaining all wch are now in the occopation of mee the s' Sampson Lane or my assigns allsoe one saw mill that is now in bulding at a place Called sagomores creek in the River of pascataquake in new ingland and one ship now in bulding in strabery bank aforesd wch is to be of the burden of one hundred tonns or ther abouts and two hundred tonns of the Ile of may salt and landed at strabery bank aforesd out of the good ship Called the Lak of dartmouth and one house wth the apurtenances in strabery bank afore said late in the possesion of John Crowther to have and to hold the said house and all the premises above mentioned wth the apurtenances unto the sd Ambrose Lane his hears and Asignes for ever and I the said Sampson Lane for mee my heres acsecutors and assignes the said houses and all the premeses beefore specified and intended heareby soe barganed and sold unto the said Ambrose Lane his hears and assignes against all men for ever more shall and will warrant and defend by these presents in wittnes where of I have hear unto sett my hand and seale the 22 of march ano domine 1649


Sampson Lane Seald and delivered in the pts of John dam Ricº Lane


The premisses concordat cum originale and recorded the xxth of the firste month 1651 By me


George Smyth recorder


mª Sampson Lane acknowleged that the originall deed above mentioned was his acte & deed the 7 of the 6 month 1652 before me


George Smyth


To all Christian people unto whom this prsente writinge shall come I william pomfrett of Dover sendeth greetinge in our Lorde God everlastinge, know ye that I the saide william pomfrett for good causes & valuable considerations me theareunto moev- inge, have granted bargained & solde, and by these prsents doe grante bargaine & sell unto hatevill nutter all that messuage or


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NEW HAMPSHIRE COURT RECORDS


Tenemente in dover now in the tenure & occupation of me the saide william pomfrett, lyenge & beinge neer the backe Cove in dover, wth a barne & garden thereunto belongine, and some addi- tion of grounde neer unto the saide garden granted by the Townsmen of dover, and also all that Lotte or #cell of grounde lyenge & beinge on the Easterlie side of the saide messuage or Ten'te conteyninge by estimation fyve acres or there abouts be it more or lesse, and also a cell of marshe grounde lyenge & beinge on the north Easte side of the greate baye at the greate Cove there, above longe pointe, between the marshe of John Dam of the one side, and the marshe of Thomas Layton on the other side, in the occupation of me the saide william pomfrett wth some upp lande thereunto belonginge, and also all my estate righte title & intereste of & in the saide messuage or Tenemente, & other the p'misses thereunto belonging wth the appertenances: To have & to holde the saide messuage or Tenemente lotte marshe grounde & all other the p'misses heareby bargained & solde unto the saide hatevill nutter his heires executors & ad- ministrators for ever To the use & behofe of the saide hatevill nutter his heires executors & administrators & assignes for ever more. In witnes whereof I have heareunto sette my hande & seale, dated the tenth day of the firste month in the yeare of our Lorde God one thousand sixe hundred ffiftie & one.


William pomfrett


Sealed & delivered in the prsence of George Smyth Thomas Layton


Concordat cum originale and Recorded the firste daye of the thirde month Anno dom 1651 By me


George Smyth Recorder


This byll witnesseth that I Richarde Cutt of new England doe acknowledge to be indebted unto Lawrence Avery the full & juste some of Eleaven pounds seaven shillings & tenne pence of good & lawfull money of England dew to be paide unto the saide Lawrence Avery his executors or assignes at or before the


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NEW HAMPSHIRE COURT RECORDS


twenteth daye of June nexte ensuinge the date heareof and for the sure paymente thereof I bynde my selfe my executors & administrators, as witnes my hande this twenteth niene of maye 1651


Richard Cutt


Delivered in the prsence of John Cutt william ffolyett


Concordat cum originale and recorded the 29 of the 3 month 1651 By me


George Smyth recorder


I John Cutt doe acknowledge to be indebted unto Lawrence Avery the full some of Eleaven pounds twelve shillings & two pence, one halfe moneys, and the other halfe comodities accord- inge to condition to be paide to him or his assignes at or before the thirtieth of Auguste nexte, as witnes my hande, strawberey banke pascataway this 7th of July 1650


John Cutt


teste hugh yeo


Concordat cum originale and recorded the 29 of the 3 month 1651 By me


George Smyth Recorder


This deed made the eighteenth daye of november, 1650, witnessethe. knowe yee therefore that I Thomas Withers at- torney for Captaine ffrancis Champernowne, & other power derived from him, have solde unto Samuell haines one fferme allwaies knowne by the name of Capt Champernownes fferme, lyenge on the south easte side of the greate baye, for & in con- sideration of the some of nientie pounds sterlinge paide unto the saide Thomas Withers or his assignes in manner & forme followinge which is to saye: Thirtie pounds the eightenth of november, woh shall be in the yeare of our Lord 1651, and thirtie pounds the eightenth day of maye, and thirtie pounds the eightenth day of november, which shall be in the yeare of our Lorde 1652, for the satisfyenge of certaine debts; and further-


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NEW HAMPSHIRE COURT RECORDS


more I the saide Thomas withers doe ratifie & confirme unto the saide Samuell haines his heires executors administrators & as- signes for ever the saide fferme above mentioned with all the edifices whatsoever belonginge thereunto, To the onlie use & behoofe of the saide Samuell haines his heires executors admin- istrators & assignes for ever. In witnes whereof I have heare- unto sette my hande and seale the day and yeare above written. Thomas withers


Signed sealed & delivered in the prsence of Basill Darker Edwarde Calcorde


Concordat cum originale, and recorded the 26 of the 4th month 1651 By me


George Smyth Recorder


To all people to whom these prsentes shall come I John Seeley of starre Island new England ffisherman sende greetinge knowe yee that I the saide John Seeley for & in consideration of the some of one hundred pounds sterlinge ordered & secured to be paide me in Englande by my lovinge & naturall brother william Seeley, and for other valuable causes and considerac'ons me thereunto especiallie moevinge, have given granted assigned & sette over and by these prsents doe give grante assigne & sette over unto the saide william Seeley all debts dues duties de- mands some & somes of money whatsoever now due owinge & appertaininge unto me the saide John Seeley by any son or Bsons whatsoever, Inhabitinge in new Englande afforesaide or otherwise To have & to holde all & Singuler the saide debts dues duties demands some & somes of money or otherwise ap- perteyninge to me, unto him the saide william Seeley his heires executors and administrators to his & theire onlie proper use & behoofe for ever without any lette hinderance or denyall of me the saide John Seeley my heires executors & administrators or any of them for ever by these prsents and I the saide John Seeley doe by these prsents ordaine constitute authorise & appointe the saide william Seeley my naturall brother my trew & lawfull


1


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NEW HAMPSHIRE COURT RECORDS


attorney Irrevockeable for me & in my name & steed and to his owne use to . . . . recover & receive all & singuler the saide debtes dewes duties demands some & somes of money anywise owinge & apperteyninge unto me the saide John Seeley by any Øson or sons whatsoever in new Englande afforesaide or otherwise, givinge & by these prsents grantinge unto my saide attorney Irrevokeable my whole power & lawfull authoritie to sue areste attach declare implead imprison condemne & release the saide debtors or any of them, one attorney or more under him to ordaine & make at his pleasure againe to revook letters of acquitance or any other lawfull discharge upon receipte of the saide debts or such parte of them as he shall receve for me & in my name to make sale sell & deliver, and more over to doe execute #forme conclude & finish whatsoever matter or thinges which shall be needfull & expediente in & aboute tile prmisses or any thinge concerning the same as amply & effectually in the case as I my selfe may or might doe yf I were there #sonallie p'sente & had done the same my selfe and whatsoever my saide attorney Irrevokeable shall happen to doe or cause lawfully to be done in & aboute the p'misses or any Øte of them I the saide John Seeley doe heareby promise to allow ratifie confirme & establish to be good in law and thereunto I binde my selfe my heires executors & administrators firmely by these prsents. In witnes of all which afforesaide prmisses I the saide John Seeley have heareunto sette my hand & seale the xx daye of June anno dom. 1651


John Seeley


Sealed & delivered in the prsence of nathaniell Souther Rice Jones william woolcott


Concordat cum originalem and Recorded the xiith of July 1651 By me George Smythe recorder


To all Christian people unto whom this prsente writinge shall come I John Awlte of the plantation called Oyster River sendeth


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NEW HAMPSHIRE COURT RECORDS


greetinge in our Lord God everlastinge know yee that I the said John Awlte for & in consideration of & for the some of twentie & foure pounds sterlinge well & trulie satisfied and paide unto me the saide John Awlte at & before the sealinge & deliverey hearof by Charles Adams of the saide plantation have granted solde & confirmed and by these prsents doe grante sell & con- firme unto the saide Charles Adams one messuage or Tenemente situate & beinge in the saide plantation wth all & singuler the appurtenances thereunto belonginge, and also soe much marshe grownde as will keep three Cowes in the winter time in as con- veniente place as I can. To have & to holde the saide messuage or tenemente, with all & singuler the appurtenances and the saide marshe ground unto the saide Charles Adams his heires executors administrators and assignes for ever, to the use & behoofe of the saide Charles Adams his heires executors admin- istrators & assignes for evermore. In witnes whereof I have heareunto sette my hande & seale. dated the tenth Daye of Aprill, in the yeare of our Lorde God one thousand sixe hun- dred ffourtie & fyve.


John Awlte


Sealed & delivered in the prsence of us Thomas Wiggin Ed- ward starbucke George Smythe


John Awlte acknowledge the originall of the p'misses above writted to be his acte & deed the 13th of the vth month 1651 before


Tho: wiggin




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