USA > New Hampshire > New Hampshire court records 1640-1692 > Part 7
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witnes Brian pendleton walter Abbut
Concordat cum original and Recorded the 16 of the 12 month (52) By me
George Smythe Recorder
.
These prsents witnesseth that I william Bearde for & in con- sideration of the some of Thirtie fyve pounds & tenne shillings
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NEW HAMPSHIRE COURT RECORDS
to me in hande paide by ffrancis mathewes at & before the en- sealing & delivery heareof as also for other good causes & con- siderations me the saide william Bearde thereunto moevinge, have given granted bargained sold enfeofed & Confirmed, and by these prsents doe give grant enfeofe & confirme to the saide ffrancis mathewes his heires & assignes all that my house & lott of lande which I now have or oughte to have or hearetofore have enjoyed with all & singuler the appurtenances scituat lyenge & beinge in Oyster River nexte adjoyninge to the lande of Darbey ffield To have & to holde the aforesaide houses & lande and all other the premisses with appurtenances to the saide ffrancis mathewes his heires & assignes for ever, and that the saide ffrancis mathewes his heires and assignes & every of them shall & maye from time to time and at all times heare after peaseablie & quietlie have holde occupie & possess and enjoye the aforesaide houses & lande & other the prmisses with appurtenances without the lawfull lett suite trouble eviction or expulcion of me the saide william Bearde my executors or assignes, or by any other person or persons whatsoever Claym- inge the same or any Øte or cell thereof in from by or under me or any of them. In witnes whereof I the saide william Bearde have heareunto sette my hand & seale the ... . daye of June in the 16th yeare of the Reigne of our soveraine lord kinge Charles anno dom. 1640
the signe of william X Bearde
Sealed signed & Delivered in the presence of us Ambrose Gib- bons . . . Roger Garde
The p'misses is a trew copie of the originall and Recorded the 29 of the firste month 1653 By me
George Smyth Recorder
To all Christian people to whom these prsents shall come know yee that I william hilton of Dover in the Countye of norfolke in new England for and in consideration of fyve pounds currante money in hand paide before the sealinge & deliverie
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NEW HAMPSHIRE COURT RECORDS
heareof by ffrancis mathewes of Oyster River in the Towneship of Dover have covenanted bargained & solde, and by theise prsents doe Covenante & bargaine unto the saide ffrancis mathewes his heires executors & administrators for ever one lotte or parcell of grounde lyeinge in Oyster River aforesaide upon the north side of the saide River, conteyninge in estimation 88 acres of lande or there aboute given & granted to mee by the Towne of Dover, and also all the marsh in a Creeke there unto adjoyninge with all & everie the appurtenances there unto be- longinge, and the saide william hilton doth further promise & covenante & grant for himselfe his heires executors & adminis- trators that the saide ffrancis mathewes his heires executors or assignes shall have holde occupie & enjoye peaceablie the saide 88 acres of grounde with the marsh thereunto adjoyninge and belonginge for ever, without the lette hinderance or molestation of them or any of them, or any other #son or sons makinge claime to the same. In witnes whereof I have put my hande & seale the seaven daye of July Anno Dom. 1644.
also one small parcell of marshe in the saide Oyster River opposit to the saide marsh formerlye in the occupation & use of the saide william hilton wch saide parcell he doth allinat as the reste to the saide ffrancis mathewes, with all his right title and intereste therein. In witnes he hath hereto put his hande & seale william hilton
Sealed & delivered in presence of us Edw. Godfrey George Smyth
The prmisses doth agree with the originall and Recorded by me George Smythe Recorder the 29 of the firste month 1653
Be it knowne by these prsents that wee Roger Knighte & Anne his wife now livinge at Strawberey banke in Pascataque River for good & valuable consideration by us in hande received have given granted bargained and solde, and by these prsents doe give grante bargaine & sell unto Richarde Cutt all that house houses
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NEW HAMPSHIRE COURT RECORDS
& lands at Strawberey banke formerley in possession of ffrancis Reines & since Clement Campions, & by the saide Campion really disposed of to the saide knighte & his wiefe now the said parcells To have & to holde the saide house houses & land to him the said Richarde Cutt his heires & assignes with all lands previ- liges & appurtenances for ever, and we the saide Roger & Anne knight & our heires the saide house houses & land unto the saide Richarde Cutt his heires & assignes againste all men, and spe- ciallie the heires of Clement Campion shall and will warrante & defend by these prsents, witnes our handes & seales the 7th of maye 1653
Roger Knight John Brewster Anne Knight
Sealed & delivered in the prsence of us ffrancis X . his marke william hall
This deed or writinge above specified was acknowledged by the above named Roger knighte to be his & his wiefe acte & deed the tenth daye of June 1653 Before me
George Smythe
The p'misses is a trew copye of the originall, and recorded the 26 of June 1653 By me
George Smyth Recorder
[Court Papers, vol. I, p. I.] the 28 Day of the 4 mo 52
the presentments by the grand juri
I We present Jane Canny of Dover for stricking hir husband witnes Leftenant heais and good-wif
2 we present John Webstar for misusing his wife as she com- plaind to the constabl. this prsentment lett fall
3 we present m' batchelder for being 2 or 3 days and with in John webstars house and webstar said he could not get him out as mr pimblton saith Batchelder fined 108
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4 we present John webstar for the retaining of mr batchelder contrari to law
5 we present John webstar for being drunck witnes John Redmon
6 we present Thomas gwin for being drunck one the lords day in the metin hous in the time of exercise: fined 108 Mr hill bounds for it: Raph hall fined 5ª for misdemeanor in lettinge his maids give the drinke
7 we present the toun of Dover for the want of just weights and mesurs: the Towne have libbertie to prvide between this & the next countie courte
8 we present thomas Sharpam for being in Drinck and swaring 2 othes witnes John lock and ritchard Shortridg and John moses
9 we present Richard basom for cursing and saing the Divell tack all new Ingland men witnes John hart and his wife tacken upone oth before the Court fined ten shillings for Cursing for being drunke ten shillings & to bee bounde to his good be- haviour til the next courte John Sherburne . . for the money & the behaviour
James midlton Phillip Egerlie william Smith George ffr'asie Henry Browne Tho: ffootman sommonsed to answer by way of persntment
James midlton is fined 208 & bound to the good behaviour George ffeassie fined 28 6ª for being longe at the ordinarie Tho: willie fined 208
Licensed to keepe ordinarie
IO we present the toun of Dover for the ways betwixt hiltons poynt and Cochecho: The towne on penalltie of 5' the next court
II we present the toun of Dover for the ways betwix oystor river poynt and m' hils mill: on penalltie of 51 the next courte
12 we present the toun of Dover for the way at the head of Johnsons Crick: on penaltie of 5' the next court
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13 we present all the Oardenaris of dover and porchmouth for seling wine at 18 shillings pr gallon and rum at 16 pr gallon
we the gran jury all agree as on to thes presentments
Job. Clements for man Walter Abbitt George walton John webster Roger Knight
Raph Hall
John Vickford Tho Trickee
Actions at the Courte helde at Strawberey banke the 8, 9, & II of the 8 month 1652.
Mr ambrose lane plantife againste m' Valentine hill defend in an action of debt of 801 dew by bill unto m' John Richbell, and by him assigned unto m' Sampson Lane & m' ambrose lane, and mª Sampson lane his Øte also assigned by him to the saide Ambrose lane.
The Courte doth not see cause to give judgmente againste mr Valentine hill in the cause between m' Ambrose Lane and the saide Valentine hill, because the afforesaide m' lane was privie to the suite com'ensed againste m' hill at Boston at which time the same some was recovered of m' hill by Roberte nash of Boston for m' Samson lanes Debte.
Mr Ambrose lane plantife againste James Sherland defend in an action of Debte of iiii xiiiis given him upon a reference between them
The defend appears not.
Thomas Trickey & Elizabeth his wiefe plantifes againste michaell Brande in an action of slander & defaminge of her good name, for sayenge that the saide Elizabeth was a base whore.
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NEW HAMPSHIRE COURT RECORDS
The Courte doth Judge for the plantifes & give them fiftie shillings Damage, & costs of Courte.
Costs of Courte alowed is by hir bill of costs I1 28 9ª
execution is to be forborne for 6 monthes 2-10-0
tot 3-12-9
William follett plantife againste Roberte nash defened in an action of debte upon the forfeit of a bonde
The defend appears not and his bond is forfeited.
Costs of Courte granted to the plantife is 238 3d as by his bill of coste appearethe
henrie Langster plantife againste phillip Lewis defendant upon a replevin of certaine marsh ground lyenge neer the fferme of Captain ffrancis Champernowne of the goodes of the saide henrie Langster, attached by the saide phillip Lewis to answere him in an action of Reveiwe of an action of trespas wch henrie Langster broughte againste the saide phillip Lewis at the Courte helde at dover the firste of the 8 month (51)
This action is continued till the nexte Courte.
henrie Tibbots plant againste Samuell heynes Defend in an action of trespas for takinge & carrieinge awaye certaine grasse or haye out of certaine Øcells of marsh grounde lyenge neer the fferme of Capt ffrancis Champernowne.
This action is continued till the nexte Courte.
Josepthe Atkinson plantife againste marye Clay the wiefe of Jonas Claye Defend in an action of slaunder & defamation for sayeinge the saide Josepthe did take up the saide marye Clayes Coates and woulde have ravished her.
The Courte doth Judge for the Defendante, and give her, and the saide Jonas whoe came from welles, for costs & damage fiftie shillings and also fined for his yll behaviour for the use of the Country in ... and to be bounde to appear at the nexte Courte & in the meane time to be of good behaviour, and also not to frequent or come to the house of Thomas seavie, as by a bonde heareunto anexed appeareth.
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NEW HAMPSHIRE COURT RECORDS
Thomas Johnson plant againste Oliver Triminge in an action of the case for not #forminge his promise to acknoledge a Judgmente at the laste Courte helde at Dover of the some of x1 unto the saide Thomas Johnson. In consideration that the saide Thomas Johnson woulde not prosecute on action againste him at the saide Courte for sweringe untrulie at the Courte helde at dover the 3 of the 8 month (48) in an action then dependinge between the saide Thomas Johnson plantife & John Tayre defend
The Courte doth Judge that the defendante Triminge shall paye unto the plaintife eight pounds Damage, and costs of Court Costs of Courte granted is xxiiiis iiid
Mr Richarde walderne plant againste phillip Lewis defend in an action of trespas for cuttinge downe certaine pine trees, which he had marked for mastes, & cuttinge them in peeces in a swompe lyenge on the north side of Bellamines banke freshe river, & other timber trees granted him by the Townes men of Dover.
The Courte doth Judge & order that this action shalbe con- tinued, and the cause of this action is referred unto m' pendleton hatevill nutter & william pomfrette, to veiw the land & swompe, & grante of trees by the Towne to m' walderne & phillip lewis, and to certifie there Judgemente concerninge the prmisses at the nexte Courte.
wee whose names are under written beinge appointed by the Courte laste holden at Strawberey banke to end a difference be- tween m' Richarde walderne of Dover and phillip Lewis aboute the felling of some pines in a swompe neer Cacheche, wee finde that the saide phillip hath fallen the saide trees which did be- longe to the saide m' walderne; wherefore to make a finall ende for peace & quietnes wee adjudge the saide phillip to acknowledge his faulte & trespasse to m' walderne and promise to trespas him noe more. dated the 5 of march 1652
By us Brian pendleton hatevill nutter
Alexander Jones plantife againste the goodes of John Reignolds in the hands of John Tuttle and George walton, or else where to
1
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NEW HAMPSHIRE COURT RECORDS
the valew of xx1 to answere the complainte of the saide alex- ander Jones in an action of the case for not savinge him harme- lesse from certaine ingagements that he was bound for the saide John Reignolds.
The Courte doth Judge that the goodes of John Reignolds shall satisfie alexander Jones to the valew of sixe pounds & foure shillings which he paide unto william wormewood upon execution granted againste him by a verdit of the Jurye at the Courte helde at Dover the firste of the 8 month (51) and also for the forbear- ance of the same till this Courte x8 more for the execution iis for leavienge the execution viiis ffor this Courte for enteringe the action x8 for attendance of the plantife 3 dayes at 18d the daye iiiis vid for an attachmente & servinge it is vid tot. 81-08-9d
Orders and acts at the Courte helde at Strawberey banke the 8, 9, & 10 of the 8 month (52) made and ordered by Richarde Billingham Esquire Thomas Wiggin Esquire m' George Smythe, m' Brian pendleton, & m' Richarde walderne associats
At the foresaide Courte m' George Smythe m' Brian pendleton and mr Richarde walderne were sworne associats for the saide Courte.
The Courte doth order that Clemente Campion shall satisfie Thomas ffursen vis for his attendance at the saide Courte, and noe action entered againste him by the saide Clemente Campion.
humfrey wilson doth acknowledge himselfe indepted unto George walton in the some of xiii iiiid and also niene hundred foote of pine boords and doth acknowledge a Judgement thereof in Courte the 9 of the 8 month (52)
At the saide Courte the administration of the estate of henry plumpton deceased is granted unto Thomas Canney whoe is to paye such dew debts which the deceased did owe at his decease, and to presente a trew and Afecte Inventorie of the same and give an accompte thereof at the nexte Courte.
Thomas weay doth acknowledge him selfe indebted unto John webster in the some of twentie pounds fyve shillings & iiid, and
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doth acknoledge a Judgemente thereof in Courte the 8 of the 8 month 1652.
At the saide Courte m' Brian pendleton Reignold ffernalde & henrie Sherburne sworne to heare & end small causes.
yt is ordered by the Courte that Roberte Davis & walter Hughs shall goe to their wifes beinge in England with the firste Shipp that shall goe from this Jurisdiction after the ende of the firste month nexte ensuinge or else to paye twentie pounds in default thereof
yt is also ordered by the Courte that walter kingsle shall goe to his wiefe beinge in England with the firste Ship that shall goe from this Jurisdiction after the ende of the firste month nexte ensuinge or else to paye Twentie pounds in defaulte thereof.
at the saide Courte Richarde Comings sworne to be Constable for the upper Øte of Strawberry banke.
yt is ordered by the Courte that m' Brian pendleton & mª Richarde walderne shall take the accompte of william Storer of John Crowders estate, and they shall take that estate into their hands which they finde in his hand and dispose of yt to the cred- itors as they shall see in their Judgment moste fytt.
wee whose names are under written beinge appointed by the Courte laste holden at Strawberey banke the 8 of october 1652 to dispose of a certaine Øcell of goodes in the hands of william Storer marshall of Dover which did belonge once to John Crow- der of strawberry banke . . . wee order to the marshall for his paines & service & venturing his life thereby five shillings
and whereas there is more remayninge to the valew of thirtie shillings & two pence award it wholy to m' hugh . . . because we finde the saide Crowder was indepted to him
Dated this 5 of march 1652
us Brian pendleton Richarde waldern
at the foresaide Courte Giles parre fined x8 for drunkeness
James newte fined x8 for saying that Lefetenante pomfrett was a deceiptfull man & had a deceiptfull harte & xx more would saye as much.
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whereas John hunkin and Christopher Jose beinge prsented by the Constable of starre Island for sellinge of wine without order at starre Islande, are fined in five pounds each of them for the same according to the laws of this Jurisdiction.
Josepth atkinson fined in 6ª for his yll behaviour as appeareth in page 79. [97]
yt is ordered by the Courte that James newte shall be bound to his good behaviour in the some of xx' with two sufficient sureties in x1 each, upon Condition that the saide James newte shall appear at the nexte Courte to be holden at Dover or Straw- berey banke, and in the meane time to be of good behaviour, which if the saide James newte shall not forme within three dayes after the ende of this Courte to give bonds as afforesaide, before m' Smythe or m' pendleton then the saide James newte shall be com'itted to Boston prison there to remaine untill he shall #forme this order.
know all men by these p'sents that I James newte of Dover doe acknowledge my selfe to owe to this Jurisdiction the some of Twentie pounds sterlinge and I Raphe hall of Dover doe ac- knowledge my selfe to owe unto this Jurisdiction the some of Tenne pounds sterlinge, and I John hall of Dover Doe acknowl- edge my selfe to owe unto this Jurisdiction the some of Tenne pounds sterlinge; upon Condition that the saide James newte shall #sonallie appear at the nexte Courte to be holden at Dover or Strawberey banke, and in the meane time to be of good be- haviour witnes our hands the 14 daye of the 8 month 1652 James newtte
Raphe hall John hall
acknowledge the 14 of the 8 month (52) before me
George Smythe Recorder
The p'misses is a trew copie of a bonde acknowledged as afforesaide.
The Deposition of william Storer marshall sworne in Courte the 9 of the 8 month
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NEW HAMPSHIRE COURT RECORDS
The Deponente sayth that when I desired James newtt to put in bonde for his good behaviour, he answered me that neither the Courte nor thou dare owne it and further he saide to me that he cared not a farte neither for thee nor Captain wiggin.
yt is ordered by the Courte that James newtt shall at the nexte trayninge daye at Dover acknowledge before the people then assembled that in soe sayeinge as afforesaide he did verie sinfullie, and was sorie for the same, or else to be sent to Boston goale, there to remayne till satisfaction were made accordinglie.
whereas I James newtt, at the Courte held at Strawberey banke the 10 of the 8 month (52) was charged by the deposition of william Storer marshall that when he desired me to put in bonds for his good behaviour, that I answered him that neither the Courte nor thow dare owne yt, and further that I shoulde saye to him that I cared not a farte neither for thee nor Cap- taine wiggin I do heare acknowledge before the people heare assembled that in soe sayeinge as afforesaide I did verie sinfullie and am sorie for the same
The prmisses was acknowledged by James newtt the 18 of the 8 month (52) (beinge the firste daye of trayninge after the Courte) before the trayned band and other people there assembled.
yt is ordered by the foresaide Courte that Roberte mussell shall be water baylife to looke to the ships that shalbe ridinge in the greate harbour and that such ships be discharged of their ballaste accordinge to the lawes of this Jurisdiction and not to caste any of their ballaste into the River to the annoyance thereof, and he is to have iis vid a daye for his fees of such as shall transgress therein.
yt is ordered that the Inhabitants of strawberry banke shall make one parre of stocks at strawberey banke, and one paire more at the greate Islande, and shall have them orderlie sett up within foure monthes after this prsente Courte upon the penaltie of five pounds.
yt is ordered that michaell Brande shall paye for two prsent- ments for swering xx8 or sitte in the stocks at Dover two houres. he did sitt in the stocks accordinge to the order.
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whereas at the Courte holden at Salisbury the 13 of the 2 month (52) Josepth Davis of haverill beinge prsented for puttinge on woemans apparell and goeinge aboute from house to house in the nighte and mary peaslye accompaninge him, which mary peasly was also prsented for goinge with the saide Josepth Davis in the nighte, and for as much as the saide Josepthe davis & mary peasly beinge removed from haverill into this Jurisdiction and beinge apprehended and broughte into the foresaide Courte heare holden at strawberey banke the 9 of the 8 month (52) yt is ordered by the Courte that Josepth Davis is Judged to paye xB fine, and also to make publike acknowledgment of his fault on a certaine daye at haverell before the nexte Courte givinge notice before hande to some Elder there that the people may take notice thereof; and for wante of doinge this to forfeitt fourtie shillings more then the former x8.
Marye peasly is admonished for goinge with Josepth Davis who went in womans apparrell at haverell.
yt is ordered by the Courte that the Inhabitants of hampton strawberey banke & Dover shall make & keep a sufficiente high waye for horse and man from hampton to bloody pointe before the tenth daye of Aprill nexte upon the penaltie of five pounds in Defalte thereof.
yt is ordered by the Courte that John wotton is comitted to william storer marshall as a prisoner, untill he shall paye twentie pounds to the use of this Jurisdiction or Courte or else shall enter into bonde of the some of Twentie pounds with two sufficiente sureties to goe to his wiefe to Englande with the firste Ship that shall goe from this Jurisdiction.
yt is ordered by this Courte that m' pendleton & mr walderne shall aproove of the accompts at Courte & other charges, and likewise to see that the Townes shall equallie paye the same, and likewise to order for the cost of yeares paste.
yt is ordered by the Courte that strawberey banke Towne shall forthwith make a sufficiente high way for footemen over the marshe which is in the rode waye from strawberey banke to sagamores Creeke within one monthe upon the penaltie of fourtie shillings.
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NEW HAMPSHIRE COUPT RECORDS
yt is ordered by the Courte that william storer marshall is to have out of the fines at Courte fourtie shillings for his attendance at the Courte and also for everie action Is, and for everie fine I"
yt is ordered by the Courte that Roberte Davis ffrancis Trickey Thomas wedge & goodman barton everie of them shall . paye the Constable william Cotton iis for attachinge them to appear at the Courte to answere their prsentments.
yt is also ordered by the Courte that John wotton shall paye the Constable william Cotton iis for executinge an attachmente to fetch him to the saide Courte the II of the 8 monthe (52) and also to paye Edwarde Barton & Roberte Davis each iis for assist- inge the Constable in regarde he woulde not come to the Courte before he was fetched by an attachmente or speciall warrante
The names of the grand Jurie sworne at the Courte held at strawberey bank the 8 of the 8 month (52) whoe were sworne to deliver their prsentments at the nexte Courte to be holden at Dover or strawberey banke
Reignolde ffernall, Thomas walforde, John hall, Anthonie brackett, John Jackson, henrie becke, John Sherburne, John bigforde, John Awlte, John hall of Dover, Thomas willey, James , and henrie langster In number 13
The prsentments of the grand Jurie at the Courte helde at strawberey banke the 8 of the 8 month 1652
Richarde pincome prsented for abusinge himselfe with Drinke and for cursinge witnes Thomas Layton John hall.
John Shilande prsented for abusinge himself with Drink and for sweringe witnes Thomas Layton John hall.
Barnabe Lamson prsented for breach of peace. witnes mr Walderne
James newtt prsented for abusinge of authorities witnes william storer
Ja: s newtt bound to his good behaviour for the same
michaell Brande prsented for a com'on swearer. witnes Jeremie Sheares, Elizabeth sheeres & goodwife Trickey.
michaell Brande prsented for breach of peace, for strikinge of goodwife Trickey. witnes John sheere.
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NEW HAMPSHIRE COURT RECORDS
michaell brande fined xxª for the two prsentments or else to sitt in the stocks at Dover two houres, he sate in the stocks two houres at Dover, & in soe doinge saved his fine.
Thomas ffursen prsented for over much Drinkinge wit .. : s marke hands
Thomas ffursen prsented for sweringe. witnes marke handes and william Cotton.
Giles parre prsented for excessive Drinkinge, and for sweringe witness william Cotton.
At the saide Courte within specified
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