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he shall forthwith according to law be put to death.

"We do present George Rogers and Mary Batchellor, the wife
of Mr. Stephen Bachellor, min'r, for Adultery.

It is ordered by the Court that George Rogers, for his Adul-
tery with ]\Irs. Bachellor, shall forthwith have forty stripes save
one upon the bare skin given him.

It is ordered that ^Mrs. Bachellor, for her Adultery, shall
receive forty stripes save one at the first town meeting held at
Kittery six weeks after her delivery, and be branded with the
letter A.

We present Jane, the wife of John Andrews, for selling of a
Firkin of Butter unto Mr. Nic. Davis that had two stones in it,
which contained fourteen Pounds, wanting two ounces in Weight.
This presentment owned by Jane Andrews and John Andrews
her husband, in five pound Bond, is bound thus : Jane his wife
ehall stand at a town meeting at York, and at a town meeting at
Kittery, till two hours time be expired, with her offence written
in Capital Letters pinned upon her forehead.

This Injunction fulfilled at a Commiss'n Court according to
Order Jan'y IS, 16^3. p. G.

It is ordered that Alexander Maxwell, for his grosse oflence in



J ■■ ■ ' \



EXTRACTS FROM RECORDS OP YORK COUNTY. 371

his exorbitant and abusive carriages towards bis master Mr.
George Leader and Mrs., as by evidence doth appear; shall be
publickly brought forth to the Whipping Post, where he shall
be fastned till 30 lashes be given him upon the bare skin. The
eaid Maxwell is likewise hereby enjoyned to give satisfaction to
his aforesaid master for his expence of liveing and dyet, during
the time of his imprisonment, with other charges, amounting to
the value of seven pounds ten shillings, and in case the said
Maxwell do at anytime for the future misbehave himself towards
his master Mr. Leader, that then he hath full liberty, forthwith,
to make sale of the said Maxwell, to Virginia, Barbadus, or any
other of the English Plantations.

The coporal punishment executed 2 5ths at the Court, 1654.

p. 9.
June 29th, 1654. Francis Raynes chosen Lieut, by the com-
pany at York, whom the court doth confirm in his place, and
gives liberty to the company for the choice of an Ensign.

Mr. Abraham Prebble chosen Treasurer for the county this
year and sworn.

The names of the Grand Jury, June 29th, 1854.
Mr. Thomas Wheelwright, Mr. Francis Eaynes,

Mr. William Hilton, Mr. Ezek. Knight,

Peter Weare, Arthur Bragdon,

Morgane Howell, John Bush,

Mr. George Leader, Antipas Mavaracke,

Robert Mendum, Abraham Conley,

James Gibbeus, Willm. Scadlock. p. 10.

"We present William Wardell, who being demanded whether
he would give any thing towards the Colledge, answered it was
no ordinance of God, and that it was contrary to his judgment.

p. 11.

At a Court holden at York, for the county of Yorkshire,
upon Thursday the 2Sth day of June, 1G55, by the Worshipfull
Samuel Symonds and Capt. Thomas Wiggins, Majistrates, Mr.
Ed. Johnson and Ed. Rishworth, Recorder Associates for the
said county.

We present Jonathan Tiling for speaking discornfully of the
Court of York, saying no question but you may cast any cause



372 MAINE HISTORICAL SOCIETY.

at the Court of York, so long as Harry the Coatchmau eit.-,
Judge.

Furthermore it is witnessed the said Thing sleighted iho
Government in saying he cared not what the Gov. sayd nor
never a Governor in the Country.

Jonathan Thing censured to have 20 lashes or to redeem it
with twelve pounds.

We present Robert llethersaw for attempting the wife of
Samuel Austin to Incontinency, both by words and actions.

Eobert Hethersaw fined by the Court, either to have twenty
lashes given hmi by the officer upon the bare skin, or to pa}'
seven pounds ten shillings into the Treasury. For payment
whereof Tho : Weelwright ingageth satisfaction.

We present Silvester Stover and his wife for complaining one
of another on the Lord's Day, in the morning, in saying his
wife did abuse liim, and bid him go to Thomas Crockett's and
"carry some bread and cheese to his bastard, and the said wife of
Stover sayd, that her Husband did call her commonly Hoare.

Silvester Stover for breach of ye^Sabbath fined 10s. and fees
5s. admonished.

We present ]Mary Clay, the wife of Jonas Clay, for keeping
company witli John Davis, of Winter Harbour, in a suspicious
manner, causing the neighbours to suspect them of Incontinency.
An act of seperation betwixt Mary and Davis upon forfeiture of
ten pounds to the Treasurer.

We present Frances Hilton, the wife of William Hilton, for
rayling at her husband, and saying he was gone with John his
■ Bastard unto his 3 half peny Hoare, and that he carryed a
cloake of profession for his Knavery.

Mrs. Hilton for her offence toward her husband, and for
several of her miscarriages toward others is censured to have
20 stripes upon the bare skin, only the execution thereof is re-
spited till the next county Court, except any injurious comphdnt
come in against her by her husband or any other person, then it
is to be executed by order ye Comn-iis'rs. p. 16.

To the Constable of Saco or liis Deputy. Wliereas informa-
tion is given to this Court that Geo. Garland hath lately pub-
lished an intent of marriage wilhthe widow Hitchcock of Sacoe,
notwithstanding he hath lately owned himself to bo the husband



EXTRACTS FROM RECORDS OF YORK COUNTY. 8V3

of another \Yoman called Sarah Mi!L^, These are therefore in
his majesty's name to will and require you to forbid the Publi-
cation, and to give notice unto the said Garland, and to the
widow Hitchcock, that the}- do henceforth forbear any further
proceeding therin, and that they do not frequent the companv of
each other, untill authority take further order, wherein if "the
said persons shall be found defective upon complaynt to author-
ity, they shall be forthwith sent or bound over unto the next
Court of Assistants at Boston, there to answer their delinquency
therein, p. 65.

July, 1G59. Allowed and confirmed by the Court, military
officers for ye town of Ivittery, Charles ' Frost Lieut., James
Heard Ensign, Miles Torapson, Daniel Gooding, Jos. Alcock and
John Shapleigh Sargeauts.

For the town of York, Francis Eaynes Capt, John Davis,
Lieut., John Alcock Esq., John Twisden and Matbew Austine,
Sargeants. Entered but not allowed, p. 30.

At the Court at York, July 1, 16GL The town of Wells at
present being destitute of any fit person to carry on the Worship
of God amongst them on tiie Lord's day.

It is therefore Ordered by this Court,' that till they can better
provide for themselves, which we Hope they will not neglect any
opportunity to do, that ^Ir. Ezekiel Knight and William Ham-
mond shall duly attend the place of publick meeting on the
Lord's day and they improve their best abilities in Speaking out
of the Word of God, Praying, Singing of Psalms and reading
some good Orthodox Sermons as may most tend to the Editica-
tion of those that Hear and the Sanctification of the Sabbath,
as the Laws of God and this Jurisdiction require.

It is ordered by the Court that every Juriman either for the

grand Inquest or Jury of Tryals shall have allowed him bv ti^c

County 3s. pr day for their Service, He bearing all his 'own

charges, while thereon, He continually being allowed for his

Time of comeing to Court and returning Back as foUoweth, viz.

5 days from home and back to Falmouth, 15

4 days do do Scarburough, 12

3 do do Sacoe, 9

2 1-2 days do do Cape Porpoise, 7 C

From WeUa 2 days and from Kittery 2 days, 6 p. 43.



374 ' MAINE HISTORICAL SOCIETY.

July, 1G63. Capt. Francis Raynes tendereth to this Court
tlio laying down of his Captains place, whicli by the Couri wa.-.
accepted, and hence forth the said Francis Raynes is not to be
reputed any such officer, p. 58.

July, 16G3. We Present Mr. Xic. Shapleigh, for the neglect
of his Office, in not commanding the military olhcers to Train in
the Town of Kittery according to Law.

AVe present Mr. Thomas Booth for vain Swearing, and slan-
dering the country, by saying they were a company of Hypo-
critical Eogues, they feared neither God nor the King, with
other uncivil Speeches.

This Court considering ,Mr. Booth's offencq fineth him five
Pounds, and farther the said Booth Ingageth himself in a Bond
of Ten pounds to be of good behaviour towards all persons,
specially those that are in authority.

16G9. Christopher Lawson who came into this Cort caring
himself uuseveley towards som partickilar raemburs, saying that
He or they should not be his Judges, with a Turbulenfbehaviour
towards the said Cort ; was comited to sitt on ower in the
Stickes. p. 79.

July 5, 1670. We present Thomas Taylor for being Drunk
on the Sabbath Day and comeing in that condition to the place
of God's public worship.

We present Thomas Taylor for abusing Capt. Francis Rayns
being in authority, by Theing arul thouing of hiin^ and many
other abusive speeches, p. 94.

July, 1671. Mr. Thomas Withers complained of, and before
this Court convicted for Seruptitiously indeavoring to pervert
the providence of God, and priviledges of others, by putting in
several Votes for himself to be an officer at a Town Meeting
when He was Intrusted by divers Freemen to Vote for other
men, and for now writing and forging of a Summons and sub-
scribing the clerks of the Writ's Hand to itt without his order.
For his delinquincy herein the aforesaid Thomas Withers is fined
Five pounds to bo paid in money or other pay equivalent there-
unto to the Treasurer of the County or to stand in the Pillory
at York the next Training Day Two Hours ; officers fees 5s.

And further, the said Thomas Withers is disfrancised and



EXTRACTS FROM RECORDS OF YORK COUNTY. 375

henceforth disenabled to Elect or be chosen to any place of
Public Trust as a freeman have and ought to have either in
Town or more pubiick afiairs untill under the Sense of his mis-
carryage opportunity gives him leave to give suitable Satisfac-
tion to Court and country, p. 103.

We present ]\Irs. Sarah ^lorgan for striking of her Husband.
{Testes Capt. Davis Jno. Ameredith, constable.) The delinquent
to stand with a gagg in her mouth half an hour at Kitlery at a-
pubiick Town meeting, and tlie cause of her oflence writ and
put upon her Forehead, or pay 50s. to the Treasurer, p. 106.

B. B.

Court at Saco, 1665, Nov'r. Edward Eishworth is Plant.
In an action of the case for not paiment of a Debt due to him
out of Mr. Green his Estate deceased, contra Jere. Sheers, ad-
rainisr. of the said Green.

The Court finds a non suit against the plant, and gives the
defendant his charge, 18s. Because He is not capable to be sued
within one year, and one day after Letters of admn. taken.

AVe present Joane Forde, the wife of Stephen Ford, for calling
the constable Hornheaded Rogue and Cowhead Rogue. Joane
Ford punished for this offence, by nine Stripes given her at the
post at a Court holden at York, Decerar., 1665.

We present Joseph Winnock of Black Point for abusing Mr.
Francis Hooke, Just. Peace, by saying that he was no more
Drunk than Mr. Hooke, and called the said Hooke Mowne Calfe.

Joseph Winnock fined for offence Forty shillings, p. 13.

We present Joane Forde, the wife of Stephen Ford of the
Isle of Shoales, for reviling and abusing the Neighbours by very
evil speeches. Jane Ford, for abusing the Constable and other
Her Neighbours, is appointed to have Ten lashes at the post,
which was by John Parker in presence of the Court accordingly
executed, p. 14.

In his majestys behalf we Indite Rich'd White of York for
swearing and calling his wife whore.

Richard White fined for swearing 2s. 6d. and for abusing his
wife 20s. The fine of 20s. for abusing his wife, upon her request
and his promise of amendment, is remitted, and he paying 5s. for
the officera fees is discharged.



o<U -v . MAINE HISTORICAL SOCIETY.

lu his ini.jcstys Behalf We Indite Eicluird White of York i,.;-
Abusing Thomas Bi-agdon one of the grand Jury, by i^iw.wj
that the said Bragdon was not titt to be a grand Juryman va'.-X
that he would complain upon him tomorrow and have hiia rut
out of his place for he was a Knave. . ,

Kichard Wliilo lined for his . offence 20s., and paying i\\^.^
shillings for the officers fees is acquitted, p. 15.
Book C.

At a Court holden at Casco by Henry Jocylen, Esq'r., William
Philips, Major Edward Eishworth, Francis Hook and Samuel
Wheelwright, jr. appointed by special commission from the
Eight Hon"ble Sir Eobert Carr, Knight, Col. George Cartwriglit
and Samuel Maverick Esq. for the eastern division of the
Province of Mayne, this 2Gth day of July, 16G6. In the l^th
year of our Sovereign Lord the King.

It is ordered that Mr. George ^Munjoy shall henceforth huve
power to administer Oaths in all matters of concernment unto
any person residing within the limits of the town of Casco. He
is likewise Impowered to marry within the precincts of the said
town, and to take a carefull oversight of all weights and meas-
ures, to see that they be according to the King's standard, which
is Winchester Weights and Measures, wherein if the said
Weights and Measui-es be found faulse or faulty, in the hands of
any person or persons, then the said weights and measures to be
forthwith destroyed, and the person or persons to be bound over
to the next Court holden for this division.

It is likewise ordered that any one Jus. Peace in the place
where he resides hath power to summon in seven honest men for
a Jury living within the said town, and to try any Action not
exceeding 40s., and after judgment to grant Execution for the
same to the constable of the town when the Marshall is not
present.

Court at Casco loth Nov., 1GG6, the same Judges as before,
S. AYheelwright — excepted.

A Court of Pleas holden at Casco the 1st day of Oct. 1GG7 for
the Eastern Division of this Province by Henry Jocelyn Esq.
Major William Philips, Edward Eishworth Eec. Mr. Francis
Hook and George Munjoy- Thomas Hayns chose clerk of tho
Band for Westgostojjua. 13.



EXTRACTS FRO:\r RECORDS OF YORK COUNTy. 377

lillner Bonytlion examined by Esq. Jocelyn and Major "Wil-
liam Philips, jr., Jus. Peace, in reference to Bastardy, but uotfind-
in.!:j upon examination, her owning of the reputed Father of her
cliild, do therefore order- that Elner Bonytlion for her oftenco,
shall either within one month from the 20th day of September,
1GG7, stand three Sabbath Days in a White Sheet in the pub-
lick meeting or otherways to pay five pounds into the Treasury
of this Division, which five pounds her father Mr. John Bony-
Ihon doth ingago himself to pay into this Court between this
and the last of May next ensuing, viz. to the Treasury.

We present Geo. Garland and Sarah Mills for living together
as man and wife being never marry ed, contrary to the laws of
England.

In reference to more orderly liveing of the said Garland and
Sarah Mills and for preventing of future Inconveniencys which
will necessarily ensue such Incontinent courses ;

It is ordered that George Garland'' and Sarah Mills shall by
the order of some Jus. Peace in this Province or some mini>ter,
be married within the term of one month from the date hereof,
or otherwise they shall not fail to give in sufficient Bond of ten
pounds for their good behaviour, to our Sovereign Lord the King
to the next Court of pleas for this Division.

At a Court at Wells, Sept. 29, 1663. Capt. William Philip3
is legally chosen by the major part of the freemen and fidelity
men of this county, to exercise the place of a Sargeant Major
for the year ensuing, and his oath given him at this Court by tho
order of tho county court last, as attest.

Edw. Eishworth, Associate.
Book E.

1609. In reference to James Hermans beating and abusing
'his wife. Tliis Court doth adjudge that tho said Hermans shali
have ten stripes on the naked back, and to stand bound in a sum
of twenty pounds for his good behaviour until the next county
court, p. 30.

Joane Andrews there appearing was admonished by tho

Court and required not to entertain her daughter the wife of

John Billing, so as to draw her from her husband, and she tho

fiaid Ann Billing was required to repiair home and live loveingiy

2-i



878 . -• ■ MAINE mSTORICAL SOCIETY.

with liim, upon penalty of what further paiuo upon her nogk-ct
thereof may farther insew. 42.

1G71, March 8. James Smith compU^ynes to Capt. AVincol of
Thoms. Nubcry, for attempting to abuse his wife and Elizabeth
Alline, by preferring and wayteingopportunitys to ly with them,
and for swearing several oaths in their hearing.

Thomas Nubery, for his light and imcivil carriages about tho
wnmen, is concluded either to pay five pounds to the Treasurer
or to receive ten lashes upon the bare skin at the post. Nubery
stands to the fine. p. 48.

Thomas Nubery fined for his profane swearing, twenty
shillings.

1671. Mr. Thomas Withers complained of by a common re-
port for an irregular way of contribution, by putting in money
to load on others to do the like, and taking of his own money if
not more out again, whereby tliere lyes some suspicion of fraud.

Thos. Withers stands bound in a Bond of £10 to the Treas-
urer of this county, to answer to the premises at tho next Court
holden at York for this county, p. 51.

Thomas Cloyso comeing as a testimony into Court, upon
occasion did own in Court that he played at cards ; for which
offence he is fined five shillings, p. §4.

'' ^" Book F.

Wo indite Jonathan Hamons for charging John Baratt for

slighting and abusing of his wife, saying to Mr. Samuel

Wheelwright, what hath any man to do with it, have not I power
to correct my own w^ifo ?

Book G.

Wo present George Gray and Sarah his wife for living in
fornication before they came into the bonds of Wedlock ; tho
Court fined the delinquents three pounds, or to receive ten stripes.

1674. Eichard Gibson complained of for his dangerous and
churtonous carriage towards his commander Capt. Charles
Frost, which misbehaviour appearing in Court, tho Court orders
as followeth :

1. That tho said Gibson, for striking Capt. Frost at the head
of his company, is appointed to reccivo by John Parker, Beaior,



EXTRACTS FROM RECORDS OF YORK COUNTY. 379

tu-cnty-fivo stripes on tlio bare skin, wliich wero this day given
him in presence of this Court.

And further considering the insolency of tho said Gibson's
behaviour in the premises, it is further ordered that Capt. Frost
shall have and is hereby impowered by warrant to call before
him the said Richard Gibson the next training day at Kittery,
and wither he is to order him to be laid neck and heels together
at the head of his company, for the time of two hours, or to ride
tho wooden horse at the head of the company, which of these
punishments Capt. Frost shall see meet to appoint. And for the
said Gibson's mallplying of oaths ho is fined twenty shillings,
and for being drunk is fined ten shillings, and to pay all charges
of Court, and stand committed until the sentence be performed ;
and further, Gibson is required to give in bonds for his good
behaviour, of twenty pounds, that the said G ibson shall be of the
good behaviour towards all persons and more especially towards
Capt. Charles Frost, until the next County Court, and that tho
said Gibson shall appear at Kittery when required by Capt.
Frost, there to perform the order of Court, and further, that ho
do discharge that £4. 2s. 6d. unto the County Treasurer.

James Warren, appearing in Court an Abettor unto the said
Gibson, in his Insolenc}' for his delinquincy therein, is adjudged
by the Court, To give Bond of twenty pounds for his good Be-
haviour to the next County Court, as also to appear personally
the next training Day at Kittery, at the Head of the Company,
there to be tyed Neck and Heels for one Hour, or ride tho
"Wooden Horse, at the discretion of Capt. Frost, and to pay
charges of Court, and Ho to stand Committed till this be done.

We i-)resent Francis Littlefield, Jun., for want of Scales and
Weights in his mill as the Law requires. The Court order him
to provide Scales and Weights between this and the next Court
of Associates.

We present Charles Potura for living an Idle lazy life, follow-
ing no settled employment. Major Bryant Pendleton joined
with the Selectmen of Cape Porpus, to dispose of Potum ac-
cording to Law, and to put him under family Governm.ent,

p. 25.

We present Jere. Guttcridgo for an Idle person and not pro-
viding for his fauiily, and giving rcproachfull language to Mr.



380 majnt: historical society.

Nathan Fryer, when lie reproved hira for his IJleuc^s. The
Court for his offence adjudgeth the dehnquent to have tweuty
lashes at the post, or to bring in forthwith security to the Court
to be of better behav'r in providing for liis family by using more
dihgence in his calHng for the future.

"SVe present Adam Gudding for deneying the morahty of tho
fourth Commandment. Teste Capt. '^Yincoll, Charles Frost.

p. 35.

1675, July 6. "We present the Selectmen of the town of
Kitter}', for not taking care that their children and youth be
taught their catachism and education according to Law.

We present Capt. Francis Eayns, for presuming to act tho
part of a midwife; the delinquent, examined by the Court, fined
fifty shillings for his offence, and paying the fees, five shillings, is
discharged.

Wo present the Selectmen of Cape-Porpus, for not taking care
that their children and youth of the town be taught their cata-
chism and educated according to law.

We present the Selectmen of Scarborough, for not taking caro
that the children and youth of that town be taught their cata-
chism and educated according to Law. p. 36.

We present the Selectmen of the town of Falmouth, for not
taking care that the children and youth of that town of Fal-
mouth bo taught theirjcatachisra and educated according to
Law. p. 37.

At a Court at York, July 1, 1679. James Adams, the Court
having considered your Inhuman and Barbarous offence, against
the life of the children before the Court, and great disturbance
to the country; and do Sentence you to have Thirty Stripes
well laid on, to pay to the father of the said children, Henry
Simpson, Five Pounds money, to the Treasurer of tho County
Ten Pounds ; out of which tho charge of Postage and Search
of tho Town is to be discharged, and to pay the charges and
fees of the Prison, and to remain close prisoner during the
Court's pleasure and furthur order. These thirty Stripes were
given by Jno. Smith, Sen'r, The Executioner.

N. B. The Judges were Tho Eight Worshipfull Jos. Dudley,
Esq.j Major Eichard Waldron, Esq. Commissioners, Mr.



EXTRACTS FROM RECORDS OP YORK COUNTY. SSI

Edward Rishworth, Capt. Jno. ^incol, '^iv. Sam'l Wheelwright
and Capt. Jos : Scottow, associates, p. 64.

July 19th, 79. Philip Addams, In the behalf of his Son
James Addams, appeared before us at the House of Capt. Davis,
and did then acknowledge himself to stand Bound in the sum of
one hundred Pounds in current pay of New England unto tho
Treasurer of this County^ with one fortnight's or twenty-one
days' time, to send away his Son James Addams out of this Juris-
diction, and in the to take such effectual care and charge

about him to continue his absence from the Town till , so as

to prevent future Inconveniencj^s to any of his Neighbors.

Erak. Hooke, Edwd. Eishworh.

Philip Addams likewise iugaged before us to pay or cause to
be paid the worth and full quantity of Two thousand of good
merchantable Red Oak Pipe staves to ^r. Francis Johnson, here
at York, between this and ]Michalmas next, which being done, the
said Simpson accepts a full satisfaction for that five pounds the
Baid Court gave him relating to his Son James Addams. p. 65.

July 15th, 1690. In the Court of Sessions of tho Peace for
the Province of Mayne held at York.

Before Major John Davis, Deputy President ; Capt. Francis
Hook, Maj. Charles Frost, John Wincol, Justices.

Whereas there is great complaint made of several abuses
taken notice of in Ordinarys by excessive drinking of Rum, Flyp,
&c. The 111 consequence whereof is publickly seen in the mis-
behaviour of several Persons in the presence of authority for the
preventing the like for the future, it is therefore

Ordered, That from henceforth there shall not be any Rum or
other strong- Liquor or Flip be sold unto any Inhabitant of the
town by any Ordinary keeper therein, directly or indirectly, ex-
cept in case of great necessity, as in case of sickness, &c. Nor
ehall any Ordinary keeper sell unto any stranger more than one
gill for a person at one time. And all civil officers especially



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