USA > New Hampshire > New Hampshire court records 1640-1692 > Part 9
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philip Chesly sentensed to be bound unto his good behavur in a bond of forty pounds and to pay all the Charge of the Court arisinge by hime.
the bill of Chargis for the 2 presentments
goodman tibitts Constabull and two men mor seking after him on Day and part of a night 00107ª-6ª
to william story marshall 00 -05 -0
william Roberts atendance 3 days 00 -06 -0
william williams atendance 2 days 00 -04 -0
the Court fees
00 -05 -0
John goderd is sworn Constabull for Dover for on wholl year and untell another be Chosen
August the 21 1655
phillip Chesly for givinge out Reprochfull spechis against the worshipfull Captin wiggins Is sentensed by this Courte to make a publiqe acknowledgment three severall publiqe Days the first Day in the head of the train band: the other two Days are to be the next publiqe meetings days in Dover, when oyster River peopell shall be there ^sent: which is to be Done within fouer months after this #sent Day, and in Case he Doth not performe as affore sayd he is to be whipped not exseding ten strips: and to be fined five pounds to the Contry: ffees for the Court 0-021-6d
II6
NEW HAMPSHIRE COURT RECOR.
Richard Catter having mad his Complaint against his sarvant Jams michimor upon oth the sayd Jams michimor Is sentensed by this Court to be sett by the heells in the stox two houers and to be whiped not exseding twenty strips, which is to be Respeted unto the next Court at portsmoth if any Complaint Com then against him in the lik kind, and he is to pay this present Court ffees 2º 6ª
shiped by the grace of god in good order & well Conditioned by mee Herculus Hunkins in & uppon the good ship called the blesings of Boston whearof is master under god for this #sent voyage Nathainell Robinsen and is now Ridinge at an anchor at the Ils of shoulls & by gods grace bound for Barbados to say eighten quintals of Refus fish & on Barrill of Mackrill and is to be Delivered at the afore sayd port of Barbados Counting the tunage & eightenne quintals # tune and to pay three pounds tenne shillings # Tune in Dry marchantabull muscavados suger at three pence # 1 within fourtenne days after the arrivall of the sayd Blessinge in any Road in the Barbados to Thomas Tarrin in good order & well Conditioned, the Danger of the seas exepted with priminge & average acustomed in witnes the master of the sayd shipe hath firmed to two bills of this tennor & Date the one to be acomplished the other to be voyd & so god send the shipe to her Desired Portt in saftye Amen. Dated at the Ills of shoulls July 14th 1653
Nathainele Robinsone
A true Coppy taken from the orriginall by me Renald Fernald this 28th of Desember 1655
An agreement Betwen Exeter and Dover
At a meetinge at Exeter Betwen Certaine Men of Dover and others of Exeter Deputed by the Towne for the setling of the Bounds betwene the Townes It wase Concluded by Them whose Names are here under Writen that the West and by North Line from a flat Rock at the lower fales of Lamperele River
II7
NEW HAMPSHIRE COURT RECORDS
Runing up to the Contry stand with These Consideratyons following, to saye, that the Lowre fales of Piscassoke with the mill thereon shall Belonge to Exeter with Acomodatyon of Timber belonging thereto being a mile and quarter from the mill towards the upper fales within the Line, and the neck of Land Possed by John Goddard Exepting the marsh possesed at present by Exeter men to belong to Dover and for the Land within the Line with the Rest of the Timber to belonge to Dover, Provided that Exeter shall Have free Comonadge for there Cattell upon the same Land and allso the owners of the mill shall have the Necke of Land on the Easte side of Piscasoke River downe to Lampperell River only Six pole by the Rivers side (exepted) and allso Convenyent Carte Wayes from the upper fale to the Lowre fale of the Said River as Aullso the owners of the mill to say my Tho. Kemball will. Hilton mr Robt Smarts Shall Have sixty Acres of Land a Pece for tilling to lye ajacent to there mill on the North weste side of the said River to hold and to have the said Land to them and ther Heires & Assynes for ever without payinge Anny Rates to Dover ether for mill or for the Lands Witnes our hands & seles this 14th Aprill 1657
Edward Hilton Valentine Hill
John Bickford Sen his marke John Gilman Will : ffurber
Aacknowledg the 14th of April 1657 Before mee by all the persones above Written before mee
Tho: Wiggen Assistant
Compard with the oregenall, and Delevered said oregenall bake againe To m' John Gileman
Renald Fernald Recorder
At the County Courte hild at Portsmouth the 25 of June 1656:
IIS
NEW HAMPSHIRE COURT RECORDS
The grand Jury sworne for the year to Come vid:
william Pumfrit John Jacksone
Thomas Roberts Edward Barton
Richard Yourke
Thomas Sevvy
william williams
Fransis Rand
John Bickford
John Hall sen
Richard Cater
Thomas Canny
Roberte Mussell
The Jury of Triale sworn for this Courte vid:
Ralfe Hall John sherburne
Nathaniell Drake
Jams Johnsone
Thomas futman Thomas walford
william Roberts
Henry Becke
John Davis
John Moyssis
Thomas Beard Anthony Nutter
This Courte Doth aprove of Emanuall Hellierd to Administer upon the goods or estat of Samuall Parker Desesed in whos hands so ever it bee
John Heard of sturgion Creeke plaintive againste george walton Defendente in an action of the Case for note giving hime the say Heard an aquitance according to promise
This action is put to arbitration
George waltone plaintive against Richard Tucker Defendent in an action of the Case for Detaininge a house and land from the sayd walton
This action is withdrawne
Jane ffurson plaintive against Richard Commins Defendente in an action of the Case for with houldinge hir thirds of a plantation
a non sute upon this action
Richard Commins plaintive againste Anthony Ellins De- fendente in an action of the Case of a Reveue for a sertin Trackte of land Caled by the name of frame poynte
This action is withdrawn: And Richard Commins with An- thony Ellins ar Bound in forty pound bond appece to stand to
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NEW HAMPSHIRE COURT RECORDS
the award of John who is to make a finnale end between them Conserning fram poynt
Georg walton plaintive against John heard of stirgion Creeke Defendent in an action of the Case for breach of Covinante
let fall
John Alt hath this Day taken the oth of a free man and also is sworn Constabull for Dover
Jun the 26th 1656
Captin waldern is ordered by this Court to give unto Joseph Austin his oth for Constabul for Dover
Dennis Downinge and Ann his wiffe plaintivs against ffrancis Trikee and sarra his wiffe in an action of slander for saying that the sayd Ann Douninge Did stand upon hir head untell a Cupe of wine was taken of the heell of hir shoowe, and that the kings health was Drunke, and more shee sayd that the sayd Ann Douninge was Drunke
Sarra Trike hath acknowlidged in this Court that she hath spoke it
this action is with drawn by the plaintive
whear as it Doth apper to this Court and Jurry That sarra Trike the wiffe of Fransis Trike hath dun Ann Douninge a great Deal of wronge in Reporting that the sayd Ann Douninge did stand upon hir head untell the kings health was Drunke of the heell of hir shoow, and for saying the sayd Ann Douning was Drunke, which the sayd sarra Trike did acknolidge in this Courte that she had dun the sayd Ann Douninge a great deall of Ronge in speaking that shee Could not prove, The Case ap- pering so fowll this Courte intended to take Coarre for hir pun- ishment : she slipped out of the way and Could not be found.
this Court Doth intend to prosced farther with hir if opertuni- tie shall serve
Jams waymoth plaintive against Rise Cordagins Defendent in an action of the Case for Detainge of a house and stage a Cabull and ancher &c
The jurry give in a spetiall verdickt
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NEW HAMPSHIRE COURT RECORDS
The Courte find for the plaintive ten pound Damage, and Cost of the Courte.
Alixsander Bacheler plaintive against Captin Pall whight Defendent in an action of Debt Dew by bill of six thousand wayght of tobaco:
The Jurry find for the Defendent and Cost oo1-148-06d
Thomas Trikee plaintive against george Ellite Defendente in an action of the Case for not fullfillinge promise for a boat sould unto the sayd Elliot to the value of twelve pounds stairlinge
Thomas Trikee sath in this Court that all is payd exept a boats load of Cods heads
The Jurry Doth find for the plaintive forty shillin and Cost of Courte &
The plaintive withdraws his action
John goderd plaintive against mr Joseph masson Defendent Agient to mistris Ann Masson of Londone, in an action of the Case about a breach of Covinante Betwen the sayd g-derd and Captin John masson lat husband to the sayd mistris Ann massone in not Delivering unto him the sayd goderd proviteons:
This action is put to arbitration
Phillip Lewis plaintive against Thomas Nocke Defendent in an action of slander for saying that the sayd phillip Lewis was a lyer
this action is put to arbitration
walter abit is aquited of his bond of twenty pounds whearin hee was ingaged last Court for his good behaveur
the Complaint of the grand Jurry against Thomas Canny the 26 of June 56 that the sayd Thomas Cany did tell the grand Jury that they had Dune unjustly in presenting a servant of his for fightinge in the publike meeting house upon the Lords Day and did threten the sayd grand Jury tht he would present them for ther unjust presentment
for this offence the sayd Thomas Canny is to make a publique acknoulidgment at the next Court in Dover or to be fined five pounds
.
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NEW HAMPSHIRE COURT RECORDS
William Pumfrete is lisensed by this Court to sell strong waters in Dover by Retaille
John webster is lisensed by this Courte to keepe the ordenary at strawbery banke & to sell wine and strong water Retaill and bear at two pence the quarte
Jun 27 (56) Captin Champernoune Doth make his apper- ance to atend m' mills or his administrators but no appearance made
Jams Leach hath taken the oth of fidility, & is sworn Con- stabull for the wholl Towne of Portsmouth, and hath power to make a Deputy as he shall se Just Caus.
Upon the Complaint of Thomas Beard to this Courte of the neglecte of the Towne of Dover
It is ordered by this Courte that Thomas Beard shall be satis- fied his wholl some Due for the Courte Chargis of Dover within the space of on month after the Date hereof In the penaty of forty pound
upon the Complaint of John hall to this Courte that he Doth find himself agreved that Rates are Demanded of him from the Towne of Dover, and also by the Towne of strabery Bank or Portsmouth: it is thefor ordered that from this time forward hee sayd John hall shall pay the on halfe of his Rate to the Towne of Dover becaus his house standith upon ther land, and the other halfe he is to pay unto the towne of Portsmouth becaus he hath his Commonege & medow thear
By the Consent of both partis It is ordered by this Courte That Captin Brian Pendlton and mr Hatevell Nutter have full power to make a finnal Determination between Richard Commins and Jane fursson the wiffe of Thomas ffurson formerly the wiff of Thomas Turpine desesed Conserninge the thirds of on halfe of a plantation whear in Richard Commins and Thomas Turpine weare formerly posesesed at Strabery Banke
It is ordered by this Courte that each parti Lissensed for kep- ing of ther ordenary shall yerly Reniue ther Lisence
george walton beinge presented for selling of bear at 3ª per
122
NEW HAMPSHIRE COURT RECORDS
1
quart and on quart Confesed is therfor fined three shillings and fower pence and 2 shill and six pence fees of the Courte
John webster for selling bear at 3d per quart is fined 3 shillings and 4ª and 28 6ª fees
georg walton his Lisence is Renued untell the next year
Jams skat and his wiff being presented for furnication befor mariage is admonished, and to acknolidg the· falt and to pay the fees of the Court 2 shillings six penc
Jan walford being brought to this Courte upon suspition of wichcraft is to Continew bound untell the next Courte at Dover to be Responsive and Jeremy walford is bound in a bond of twenty pounds for hir apperance
It is ordered by this Courte that william story the County marshall shall have five pounds allowed him by the year for his pains, the on halfe to be payd by the Town of Dover the other halfe to be payd by the towne of Portsmouth in form follow- ing vid: fivty shillings at this time from Portsmouth, and at the next Court at Dover to be payd by them of Dover five pound and at the next Courte after at Portsmouth other fivty shillings and so to Continue untell the Courte Doth farther order
Jams Rollins being presented for neglect of Coming unto the publike meeting is admonished and to pay the fees of the Courte two shillings and 6 pence
Jan the 27 (56)
Phillip Chesly is Discharged from his bond whear in he was bound unto his good behavur the last Court hild at Dover
It is ordered by this Court that John webster his acoumpt is to be exsamined about this Court Chargis, and what thear shalbe wanting of his satisfaction by entring of actions and fins thear is a speedy Count to be taken by the select Towns men by way of Ratte both for it and what shall be Due to the marshall or any that have bin Imployd about the Courte buisnes : also it is Desired by. the Court that ther be allowed unto mr
123
NEW HAMPSHIRE COURT RECORDS
Commins his mayds five shillings for trobull of thear hous for loging the magistrats: the wholl to be don within six weeks after this present 27 of Jan (56)
a warant is to be Isued out to bring in sarra Trike to the next Courte and to tak suffitient surty for hir apperance thear to answer to the Complaint of Ann Douninge the wiffe of Dennis Douninge
and timly order is to be given unto the town of Portsmouth for the Dischage aforsayd
Know all men by theas presence that I george walton of the River of Pascataway Do aquit and freely Discharge John Heard of the same, his hears and asignes from all Debts Dues and Demands what so ever: as also from all actions or Causis of action at lawe, or executions: in particular from a bill of saill bering Date the I mo (49) Conserning land at muskito halle and any matter or matters what so ever formorly Dependinge btwen the afforsayd George waltone and John Heard ther hiers Executors administrators or asignes from the beginninge of the world to this present Day, In witness of the truth he hath her- unto sett his hand and seall this 25 of the 4 mo 1656
George Waltun
signed sealled & Delivered in prence of Tho: Macy Richard Tucker Richard X nason by his marke
Acknowlidged this 25 of June 1656 befor mee
Tho: Wiggin
Compared with the originall by mee
Renald Fernald Recorder
whear as thear hath bine Certine Differencis & suts in lawe dependinge Betwen Joseph mason Atturny to mistris Ann mason of the on partie, and John Goderd of the other partie: wee do by theas presence Joyntly and severaly oblidge our selves each to other in the penaltie of three hundred pounds starlinge to
124
NEW HAMPSHIRE COURT RECORDS
stand to the award Arbiterment & finall determination of Captin Thomas wiggin, Captin Thomas Clarke and Captin Bran Pendlton ffor the endinge of all & all manner of Dif- rencis Depending betwene us. In witness whearof wee have herunto sett our hands: Dated this 25th Day of June 1656 Joseph Masone John Goderd
memorandum that before the signing herof all bills bonds and executions are to be Comprehended in the abovesaid Bonde Signed in the presence John Redman John Birch
Compared with the originall by me
Renald Fernald Red
whareas at a Publike Town meting held at Dover the 27th of December 1647 Thay Impoured the Select men to make a grant to Elder Nutter & Elder Starbuck for Accomadatyon of a saw mill at Lamperell River which accordingly it was agred on, Ether at the uper or louer fales and also for the Accomoda- tyon of timber as maye more fully Apere by said Agrement in the Town Booke of Dover - And whereas wee the sd nutter and Starbucke made choise of the Loer fales wee have agred that considering the sd Nuutter have a grant from sd Town of Dover for upland and meddow or marsh nere that peace called the moole Granted In the yere 1643 That the said Nutter shall have the ffales on the north side of the River aforesaid, and that the sd Starbucke the ffales on the south side of said River. And It is ffurther agred that If one Bulds a mill before the other, that when the Other Bulds hee shall paye to him that Bult firs one halfe the valew of what Indeferent men shall Judg the mill Dam to be worth at said time of the latter Buidinge of a mill. That this Is Our Agrement wee do In Confermatyon thereof by these Presente Acknowlidge and Oblidge our selves Eche to Other in the Penal sum of Two hondred Pounds starling to stand to this Agremt and do Bind our selves Eatch to other our heirs &c to observe and make
125
NEW HAMPSHIRE COURT RECORDS
good the same In witnes whereof wee have here unto set our hands and Seles this Eleventh day of September 1649.
Hatevell Nutter
Edward Starbuck
Seled and Delivered In presents of us Edwd Colcord Sam !! Austen
Acknowledged ye same Day Before mee
George Smith Assistant
Recordd from ye origenall 26th may 1657 By Henrie Sherburn Recorder
At a Court held at Dover the 30th of June 1657
The Grand Jury sworne for the yeare to Come Vid:
Jobe Clemens Henry Becke
Rich Cater Will Cotten
John Goderd
Rich Commins
James Bunker
James Jonson
John Heard
John Moses
Henry Tibbitt Ellexander Bachiler
ffor the Jury of Tryalls ffor this Court vid: Mr John Cutts will Roberts
Will ffurber will Luxe
John Dam George walton
John Roberts John Sharborne
Peter Coffin Thomas Peverly
John Davise Robert Mattoone
Joseph Asten chosen constable for dover for the yeare in- suinge
william williams chosen constable for oyster river hee refus- inge the office is fined 408 by the courte
Robert Matoone chosen constable for the upper parte of Portsmouth
William Luxe chosen constable for the lower parte of Ports- mouth
Edward Shaw plantiffe against mathew Giles defendante in
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NEW HAMPSHIRE COURT RECORDS
an action of the case for wages detained for service done for his wife in the aforesaid Giles his absence.
This action cast out of courte beinge under 40º
Edward Shaw plantive against mathew Giles defendante in an · action of slander for his wife sayinge that hee was a theefe & had stolen a pr of boots & a neckcloth from her.
The Jurie findeth for the plantive coste of courte, & that the defendante shall pay 408 or make her acknowledgment in open courte and one lords day at the publicke meetinge at Dover wthin one mo:
Edward Shaw plantive against mathew williams defendante in an action of the case of debt for detaininge a certaine some of wages due to the value of 438
The Jurie findeth for this action to bee cast out of courte be- inge under 408
Thomas Canny plantive against John harte defendante in an action of Trespasse upon the case for damadge done.
This action lett fall :
Henrie Tippets plantive against Phillip Cheslie defendante in an action of the case for takinge away a parcell of boards out of Cochechuck river wch did belu. " to the towne of Dover to the value of 700 foot & upwards
The Jurie findeth for this action to bee cast out of courte being under 408
Thomas Crawlie plantive against Thomas Canny defendante in an action of the case for takinge & detaininge away a cow
This action nonsuted for non apearance
Thomas Beard plantive against Roger wheler defendante in an action of slander for sayinge Thomas Beard have abused his one servantt both in beatinge & starvinge wch is to his greate dis- paradgment
The Jurie findeth for the defendante cost of courte
Thomas Beard plantive against Roger wheler defendante in an action of the case for detaininge of one wilson servant to the said Bearde to his greate damadge.
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NEW HAMPSHIRE COURT RECORDS
The Jurie findeth for the defendante cost of courte.
George walton plaintive against Alexander Joans defendante in an action upon apeale aprehendinge the inferior courte have not power to trie titles of land
This action is respesed to the next countie courte held at Portsmouth
Edward Calcord plantive as assignnee of John Heard against Mis Anne Mason defendante as apears by his ataitchment in an action of the case for moneys detained wch is due by bill from the said Capt: John mason his agent Capt: walter neale as apears under his hand
The Jurie findeth for the defendante cost of courte
Capt: Nicolas Shapleigh plantive against Isacke nash De- fendante in an action upon the case for moneys detained
This action lett fall
william Beard chosen constable for oyster for this yeare
May 7th 1657
A Jurie beinge sworne to inquire into the death of a child of George Waltons, hee was drowned the 5th of this prsent whose names are, & doe find as under written:
John Pickeringe foreman
william Brockin Robert Mussell
John webster
Richard Comins
william Cotten
Thomas ffurson
Edward Barton
Robert Mattoone
Roger Knight
Thomas Peverlie ffrancis Trickee
1
wee the aforesaid Jurie havinge searched the bodie of the afore- said child, & examining what wee could in poynt of wittnesse, as alsoe the place where it was drowned : havinge veiwed wee finde noe mortall wounde one the child but accedentalie drowned in a hole of water beinge open & not fenced :
The mother of the child beinge gone into the feild to carie her husbands dinner, came home & found the child wantinge & in- quiringe for the child, answere was made by her eldest daughter
I28
NEW HAMPSHIRE COURT RECORDS
that it was here Just now prsentlie the mother & daughter seek- inge for it together with william Luxe his wife & goodwife Rogers they found it in the foresaid water:
A Jurie beinge sworne to inquire into the death of Robert Champion
John Bickford
Benjamin Mathews
Phillip Cheslie
Rice Howell
william Roberts
Thomas willie
Thomas Stimpson
Benjamin Hull
william williams
George Branson
Mathew williams Jonas Bmes
wee the aforesaid Jurie finde that Robert Champion was drowned by accidente:
A Jurie beinge sworne to inquire into the death of George Branson & apoynted to veiw his corps, whoe died
John Dam william ffurber
Richard Cater
Richard Yorke
John Bickford
Raph wamly
John Roberts
Thomas Nocke
Anthonie Nutter
Jerimiah Tippetts
John woodman william williams
Richard Bray
wee the aforesaid Jurie havinge searched the bodie of George Branson doe finde by the testimonie of John Alt that Branson went well out of his house, and hee went after him, & found branson liinge one the grounde and crying the bull had killed mee: with one wounde up towards his shoulders, and another athawrt the small of his backe; wth his members brooke all wch wee aprehend was the cause of his death: Edward Shaw witt- nessinge the same wth John Alt:
This courte doth grante John Alt and Richarde yorke Joynte adminestrators for the estate of George Branson whoe died the 2 day of Julie 57 & to bringe in a Just Inventorie to the session of this courte
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NEW HAMPSHIRE COURT RECORDS
Jane walford the wife of Thomas walford beinge formerlie bound in bonde wth her sonne Jerimiah walford for suspition of witchcraft to the value of twentie pounds is discharged by three times proclamation in this courte
Mr Brian Pendlton plantive against Richard Carle defendant in an action of debt due by booke to the value of ten pounds nine shillings & two pence
The defendante acknowledgeth a Judgmente
Raph Hall is chosen to bee Leiutenante for the militarie bande of Dover
Denis Mekermecke the Irish man is ordered by the courte to serve his master John Pickringe the hole five years his said master havinge bonde against him
By three evidences in courte George walton for sturringe up Dennis the Irish man against his master John Pickringe in giv- inge abusive words is fined five pounds
Thomas walford: Roger wheler: william morris:
Alsoe concerninge the petition that one pt of Portsmouth prsented to the honered generall courte the one pte have chosen one man, the other pte have chosen another the countie courte of Dover the third, to end the differance both of minester & meeting house acordinge to generall courte order, to meete at the meeting house at Strawberie banke the 14th of this prsentt mo: 57
Mr Richard Cutt
Robert Mussell
Mr John Cutt
Thomas Seavie
William Seavie
William Luxe
James Johnson
ffrancis Rande
Thomas walford
Anthonie Brackett
John Sherburne
william moris
Alexander Batcheler
Joseph Atkeson
Edward Barton
John Jackson
Robert Mattoone
Thomas Peverlie
Walter Abbitt
have taken the oath of fidilitie this courte
The Constable of Dover haveinge Made Complaint to this Court That ye Inhabitants on ye wester side of Lamperelle
I30
NEW HAMPSHIRE COURT RECORDS
River beinge rated and refuse to paye him sayinge that they are not in Dover Towne hombly prayes the courts Advice Therein
And It Apperinge to This Courte by ye Deposityons of will. ffurbur and John Bickford sent wch is on file yt the Inhabitants are in Dover Township This Court Orders ye Constable to mak Distres on the severall Inhabitants In his list for The full of what theye are Rated and for Sattisfactyon for his paines and Troble
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