USA > Massachusetts > Suffolk County > Chelsea > Documentary history of Chelsea : including the Boston precincts of Winnisimmet, Rumney Marsh, and Pullen Point, 1624-1824, vol 2 > Part 7
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vs The endorsement on the document.
62
HISTORY OF CHELSEA [CHAPS. XIX-XXI
Vera Copia Attestr Edward Rawson Rr Copia vera Attestr Edward Rawson Seer
A true Coppy of That on file Attr Dan1 Allin Cler
Anna Lanes Nole Decer 2. 1663 00
Know all men by these prsents yt wheras there is a Deed 100 of ficoffint bearing date ye day of ye date herof fro Edward Lane of Boston Mercht unto us Thomas Brattle & Rob! Gibbs of sª Boston Merehts ffcoffees in trust to & for ye use of Anna his wife & pos- sessio thereof given for yt ye sd Edward Lane is intended a voyage for England suddainly if God pmitt yet ye Rent of ye sd granted p"misses until ye twenty fifth of March next insuing ye date hereof is to be received by ye sª Edward Lane or his assignes, & yn ye key to be delivered up to us ye ffeoffees whatsoever may appeare in ye sd [deed] to ye contrary notwithstanding Wittness or hands this 2ª day of December one thousand six hundred sixty & three Anna Lane
Wittness hereunto Samuel Bradstreet
Tho: Brattle
Robt Gibbs
Rob! Howard Not. publi.
Vera Copia Attest # Edward Rawson Reeordr Copia vera Attestr Edward Rawson Seerety
A true Coppy of That on file Att" Daniel Allin Cler
Mr Paige & wifes petition to ye General Court 8 br 1666 101
To ye honered Genrll Court now seting at Boston
The petetion of Anna: ye wife of Niehº Paige. -
Humbly sheweth yt yr petetioner as is too notoriously knowne hath benn extreamly Jnjured in her person & estate by mr Edward Lane who beefor his deeease by a pretended Deed hath made over ye Estate lately Capt Keaynes her honered grandfather whareunto he had no Just title, as by ye faver of this Court will be made ap- parent, wthout any Satiesfaetion to her for portion or other Jnjury done her,: unto Leftenant Cooke & Deaeon Wiswall unto whome tenders of a frendly Composing of all differanees (and demands ) 102 have benn made on yor petetioners behalfe by ye Overseers of her
99 The endorsement on the document.
100 See Suff. Deeds, L. 4, f. 167. A copy is on file with the papers of this suit.
101 The endorsement on the document.
102 The words in parentheses are interlined in the same hand and ink as the final attestation by Daniel Allin.
.
63
APPENDIX
CHAPS. XIX-XXI]
grandfathers will to whome of right ye desposing of ye estate doth (belong) weh offers haneing benn neglected & not accepted by ye sd Cooke & Wiswall yor petetioner is left wthont (remedy save onely by the Justice of this Conrt whereby she is Confident of ) reliefe not doubting butt this honord Court will waigh & Conceder ye equity of ye Cas & ye Justes of Som of their fformer aets :,
1 first for her Selfe she is ye only ofspring of Capt Robert Keayne who dyed Seazed of a fare estate desposing of a great part theare of to publick nses by his Last will wch as to others hath beene attended, her Selfe only being bereft of her purtion :, yo lands & goods of ye sd Capt Keayne Being possesed by others by wt right she hopes ye Court will inquire into: ,
2 ME Lane upon ye pretended marriage having Contracted with ye Execetrex & thereby got ye estate into his handes after ye nullity declared did obtaine a Judgment of this Court to dessolve ye gd Contract fo ye great prejudice of ye Excentrix, upon this grond : , yt ye sd Contract for ye estate was founded upon ye Con- trect of marriage wth yor petetioner weh proving to be null : , ye Contreet for ye estate ought to be null : also wch was highly dis- advantageous to yor petishoner itt being given out by m' Lane or Som of his frends yt yor petetionners portion inst fall Short more then two therdes by which meanes, & by mr Lanes & his ffrends Sollecitations & falce Affermations yor petetioner was abused by a Secon Cheate & ye estate againe put into ye sd Lanes handes by ye Overseeres & a Committee of ye Gener" Conrt upon Certain artiekles never yet fullfilled wch agreement was all so founded upo ye same mestake of a marrage as ye former & upon ye same Ground : Cann not bee of aney force to ye prejudice of yor petetioner :,
May it therfore please this honered Court to declare ye sd agree- ment made by ye Overseers of Capt Keaynes will & a Committee of this Court wth m' Lane to be voyd & null & ye estate to be Left as it wase beefor ye sd agreement in ye hands of ye Overseers yt yor pefetioner may recover her portion Left her by her deare grandfather togeather wth such other dnes as may of right be Long to hier & Such satiesfaettion from mr Lanes estate for ye wrong he did her as this Court in Justes may judge meet all wch yor petetioner : is bold to Crave Apprehending itt Cann not but be thought more agreeable to equity & Justeces yt she should bee posessed of her grandfathers estate rather then meere strangers Espeshally any such as hane benn highly Instrumentnall to her wrong & ye Rather for yt security hath benn offred yt they may be repaved for any Charges expended: & all Just debts for mr Lane descharged ye premeses Considered wth wt farther pleas ye
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HISTORY OF CHELSEA [CHAPS. XIX-XXI
petetioner hath to make shee humbly beggeth ye Speedy help & relefe from this honored Court Nicho: Paige
That This is a true Coppy Compared with the Anna : Paige Originall left on file in Octor 1666 As
Attests Edwd Rawson.
A true Coppy of that on file in the County records
Attests Daniel Allin Cler. 103
The Plaintiff's Rejoinder 104
Cook: allegation
That Capt Keayns whole Estate for Performance of his will was legally & honestly sould to m' Edward Lane by the Executrix & ouerseers of Capt Keayns will &c Who were suffi- eiently Jinpowered soe to Doe both by sd Will & afterwards by the Generall Court & this done with the free & full Concent of all p"sons Coneerned as well the Demandant as the Rest &e
Ans - That those allegations are altogether falee.
1 That the sd Pretended Coppy is noe Proff of any such Artieles, for there is noe Reeord of any such thing
2 That the Secretarys Attestation or vnderwritting a true Coppy of the origeonall Edward Rawson seeretary is noe more a proff that there is any such Origeonall or that the prtended Coppy is true then if any other man had soe attested who is not in office
for his oath binds him noe further then matters Jmediatly Transaeted by the Generall Court &e. soe that he is not vnder oath in any other matters nor ought to giue any such Attestation in any thing but of such matters only as are of Reeord by order of Court soe that his attestation is noe proff thereof ( see ye Seere- ttarys oath ) 105
3 Jf the sd p"tended Coppy might be supposed to be true yet it is noe euidenee to a Jury
but the origeonall it self vnder hand & seale must be shewed in Court. & soe given to the Jury who are to try whether that Jnstrumt be the deed of the party supposed or noe (Cok.35.b.9. &.225.a.b.)
But whether that Jnstrumt doe pass or Convey the land aeeord- ing to law the Court ought to Judge
103 The " Genill Courts Answer to Mrs Paiges petitio Sbr 1666" is given supra, vol. i. p. 648.
104 Compare this with the argument before the Suff. Co. Court in 1684, supra, p. 4.
105 The citations in parentheses are in the margin of the manuscript.
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65
CHAPS. XIX-XXI] APPENDIX
Vpon all weh we Inunbly Pray the Court to determine according to law whether the sd prtended Coppy ought to pass to the Jury as Euidence yea or noe
That wheas the Deffendants alledg That all Capt Keayns Estate was ginen away by will & soc nothing left for an heir
Ans 1 That Capt Robert Keayne gane not one foot of his lands to any prson or p'sons whatsoener nor soe as any one Conld Jutitle themselves to any part thereof but the heir only
2 That Cap' Robert Keayn by his sd will not disposeing of any part of his lands to any prson from his heire,
Jt follows Therefore that all Cap! Keayns lands at the time of his death descended to his heire (Sce Cok. 237. a. Godolphin 372. Sect 3. 4. Cok. 9.a.)
& Therenpon we Pray the Court to determine whether by sd will Capt Keayns heire is deprined from Jnheritting his lands 106
M" Bradstreets & M" Rawsons Deposition about the Articles 10
The Deposition of Symon Bradstreet Esqr one of the onerseers of Capt Robert Keayns will
Who Deposeth & saith that after some short time of the second supposed Mariage or Comeing together of Mr Edward Lane & Mrs Anna Keayne as man & wife there was a Motion or Pettition made by the sd Edward Lane with his Reputed wius Consent for the settleing of the Estate of Capt Robert Keayne according to his will there being then neither Excentor or administrators thereof senerall legacys & Debts being vnpaid & amongst the Rest those legacys to Anna Keayne vpward of a 1000" wherepon the Generall Court made an order Jinpowering a Comittee to Joyne with the Quer-seers for the end aforesd. as appears by the sd order who mett at M' Turners with the partys Concerned viz Mr Lane & his Reputed wife & M" Cole & his wife & after some disscorse did vnani- monsly agree vpon Certaine Articles which that Paper in Court may for onght J Know be a true Coppy of J am Certain that article of Mr Lans giucing sufficient security &e was one J writt it my self but much blotted & Enterlined as discorse caused alter- ations this was delinerd to m' Rawson to writt out fair together with a bond for M' Lane to signe & then the agreemt or Coppy to be delinerd to m' Lane but neither the one nor the other ener done as that J Know of J senerall times moned M' Lane to give his bond the like did Leiut Cook as he told me & once or twice in my heare-
106 Endorsed: " Answers to Mr Cook's Allegations."
107 The endorsement on the document.
VOL. II. - 5
66
HISTORY OF CHELSEA
[CHAPS. XIX-XXI
ing but the sª Lane allways neglected or Refused but went on in paying of Debts & legaeys but not all till he died nor doe J Know how his Reputed wiues Portion was Paid or what satisfaction shee had in lew of it nor doe J Know that euer m' Lane had soe much as a Coppy of that agreement while he hued delivered him by the ouerseers &e nor was there Reason for it tell he had giuen security as aforesd
Sworn in Court 2ª febr 1683 [1684]. attest Jsaac Adington Cler This is a true Copy of the Originall on file
attest! Tho. Dudley Cler.
Mr Edward Rawson of Boston aged 68 years being sumoned Tes- tifieth & saith that the Querseers of Capt Robert Keayns Will whereof he was one was always uery Carefull & desireous to take good security that the sd will should be performed & perticulerly of mr Lane after those artieles were agreed on wherby the Estate of Capt Keayne was to be Conueyed to him but the sd Lane often refused to giue bond according to that agreemt for the fulfilling the sd Will & Discharging of Debts & legaeys as Witness my hand this 29th of January 1683 [1684]. Edward Rawson & ads that' he knows mr Lane did pay him his Legaey & some others Sworn in Court Pro feb! 83.108 attest Jsaae adington Cler This is a true Copy of the Originall on file
Attest! Tho. Dudley Cler.
The Ruling in the Suffolk County Court 109
1 That when a Will doth Impower Executors to make sale of
land for the uses therein Expressed vntill that sale be actually made It doth Deseend to & Rest in the heir.
2 That when the Generall Court Especiall Impowers any prsons to make sale or dispose of land If it be not done by Deed vnder hand & seale it is not vallid in Law
3 That the Paper shewed in Court as articles of agreement with- out any other attest but that it is a true Coppy Compared
108 For the court and case in which this deposition was used, see supra, p. 20. In the bill of costs the charge for these depositions was apparently cancelled.
109 Presumably these were the rulings of the Suffolk County Court in the parallel case decided the preceding July, supra, p. 30, as Allin and Dudley were appointed clerks of that court in June. This paper is endorsed: "Court Resolution." It appears to be in the handwriting of Nathaniel Thomas.
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1,
67
CHAPS. XIX-XXJ] APPENDIX
with the origeonall is noe Legall proff that there is or cuer was such origeonall nor Can be euidence to the Jury
These are the Resolutions of the Court in these Points attests Daniel AHen Cler 119 Tho. Dudley Cler.
The Ruling in the Middlesex County Court
Jn the Case Depending betweene Capt Nicholas Page Pl! against ( Elisha Cook & ) 111 JJnº Burrel Defend!
The Court Resolves in point of Law
1. That when a will doth Jmpower Excecutors to make sale of Lands for the uses therein expressed, until that sale be actually made, it doth descend to & Rest in the Heir.
2. Where the Gen" Court by any speciall order Impowers persons to make sale or dispose of Lands, whereby the fee simple is to be Convey'd, if the same be not done by a formal & sufficient Deed under the Hands & Scales of ye persons so Jmpower'd, Ji is not Valid in Law.
Dat. Octob. 20th 1686.
By order of the Court Laur. Hammond Cler. 112
Jury's Verdict 113
Capt Nicholas Page wth Anna his Wife Plantifs Contra ( Elisha Cook Esq &) 114 John Burrell Defendants, the Jury finds for the Plantife the Land in Controversy wth Costs of Court - Octob. 20, 1686
THE BILL OF COSTS
Bill of Cost in the Case between Capt Nicholas Paige & Anna Paige Plantiffs against Mr Elisha Cooke & John Burrell Deffendants Comeneed at Cambridge oetob. 19. 1686 .:
2 origconall writts
0- 4-0
Drawing the Declaration
0 - 2-6113
Entring the action 0-10-0
fileing the Declaration
0- 1-0 serneing the sumons
0 - 1 - 0 113
110 In the original this name is cancelled.
111 Interlined in the original.
112 Endorsed : "Court's Resolve in point of Law."
115 The endorsement on the original paper.
114 The words included in parentheses are in a different handwriting and ink from the rest of the verdict.
115 These items are blotted; apparently the charges were revised by the Court.
68
HISTORY OF CHELSEA [CHAPS. XIX-XXI
Copia of Mr Bradstreets & Rawsons Testimo to proue ber heir 0- 2-0 Copia of Mr Bradstretts & Mr Rawsons Tetimo about the articles
116
Jams Pomertons & wives deposition copia 0- 1-0 Stamping the writts in the secretarys offis . 0- 0-8
To the Jury 6 shilling with what more the Court will allow 0- 6-0
To Drawing the Rule of Court .
0- 2-0
To the Plantiff's attendance this Court & other Charges carriing the writt to the Marshall. . 0-10 - 0 117
To Atturneys fees attending two dayes 0-15-0117
2-15-2
Allowed fifty fiue shillings & two penee besides filing of papers 0- 4-4
W : S118 2-19 - 6
Recording Judgement
- 2 -
3- 1-6 120
The Composition of the Jury 120
The names of the persons of the severall towns of Middlesex pricked for the pannells of both Grand & Petty Jurors for the Court of Cambridge to be held on the first Tuesday October 1686.
Charlestown
Grand Jurors
Richard Lowdon X
Thomas Lord sen! X
Petty Jurors MẸ Ebenezer Prout Steven Waters
Cambridge
MẸ 121 William Manning X
Mr 121 Thomas Oliver
MỸ 121 Richard Eccles X Zachary Hicks
Watertown
Gregory Cook X
John Livermore
X
Thomas Leverill 122
Joseph Child jun!
. 116 Cancelled.
117 Apparently revised by the Court.
118 William Stoughton, the judge in this case.
119 Endorsed : " Capt Paige's bill of cost."
120 This paper, filed in a bundle marked "Court of Pleas and General Sessions of the Peace Oet. 1686," gives the composition of the petty jury which rendered the verdiet in this case. Three handwritings, each in a different ink, can be distinguished. The body of the document is in one hand; the date and the signature of Thomas Greaves in the second; the signature of John Green, the cancellings, the " Tho " of Tho Lind, and the " for " (i. e. foreman ) after the name of William Green in the third. John Green of Malden was appointed Marshall of Middlesex County May 28, 1686; William Green was his brother. See Corey, Malden, pp. 313-316 (also note 40) 324, 325, etc. See supra, p. 30, note, as to this mode of choosing jurors.
121 Title cancelled.
122 This name is cancelled. See the list of jurymen given infra, p. 70.
CHAPS. XIX-XXI]
APPENDIX
Benjamin Moor
X
Joseph ffreeman
Edward Rice
Obadiah Ward
Concord
Daniel Dean 122
Medford
John Hall sen! X
Mauldon
Tho 123 Lind X
William Green forfe- man ]
Hananiah Parker X
Benjamin ffitch
Joseph Wright X
James ffowl
Simon Crosby X
Nathaniel ITill
Left. Thomas Adams 122
Solomon Keies 122
Left 121 William Laken X
John Page 122
John Perry X September . 8 . 1686
Sherburn
Jonathan Whitny
Tho : Greaves Justice of Peace for
Middlesex
John Green Mars"
The Judgment on the Appeal 124
Att a Court of Appeals, Grand Assize and generall Goal de- livery holden at Boston in ye County of Suffolk in the territory and dominion of New-England Novemb! 2d 1686 125 Annog H.Rs Jacobi Angliac &cª Secundo. Before ye honoble Joseph Dudley Esqr President &cª, Wm Stoughton Esqr Dep: Presid !; Peter Bulkley, Richard Wharton, Bart: Gidney, Edward Randolph, Waite Winthrope, John Usher, and Edward Ting Esquires & of
122 This name is cancelled. See the list of jurymen given infra, p. 70. 123 " Ensign " cancelled and " Tho " interlined.
124 MSS. Rec. of the Supreme Judicial Court, ii. 8-11. The records of the Middlesex County Court for this period are lost, but the judgment there was quoted on the appeal.
12" This was the first session of the court after its reorganization by President Dudley. The appeal from the Suffolk County Court in Cooke et al. vs. Paige immediately preceded this case, being recorded ou ff. 5-8 of the record, and the writ of execution in that case on ff. 14, 15. Sec supra. p. 30.
Sudbury
Malborough
James Blood X
Redding
Woburn
Billerica
Chelmsford
Groton
70
HISTORY OF CHELSEA
ICHAPS. XIX-XXI
ye Councell - Elisha Cooke and John Burrell appellants versus (John Doe lessee of) 126 Capt: Nicholas Paige and Anna Paige his wife appellees. From the verdict of Jury and Judge- ment of the Court of Pleas holden for his majestie att Cambridge in ye County of Middlesex on the 19th day of October Anno Dom' 1686. Annoq HRS Jacobi Angliae &cª 200
That is to say (Richard Roe) 127 plt versus (John Doe) 127 upon a writt of Ejectione firmae from one Messuage or tenement & about fourty acres of Land, Scituate, Lyeing, and being att Malden in the county of Middlesex.
Capto Nathaniell Thomas attorney to Capt: Nicholas Paige and Anna his wife the Lessors of the plis appeareing, and Elisha Cooke in behalfe of himselfe & John Burrell, was admitted de- fendants, and entred into ye following rule vizt.
Itt is ordred by the consent of Nathaniell Thomas attorney to (Richard Roe lessee of) 126 Capt. Nicholas Paige, and Anna Paige plaints & Elishia Cooke for himselfe and John Burrell in the county aforesaid, for that he the said Elisha Cooke is allowed defendant, who is without delay to appeare & plead by himselfe or attorney to a generall Jssue at this court, and at the tryall thereupon to be made the said Elisha Cooke shall appeare in his own proper person or by his councell, or attorney, and accknowledge A Lease, entry, and Ouster, or that in default Judgement shall be entred against the casuall Ejeetour, but farther prosecution against him is Suspended, untill the said Elisha Cooke hath made a de- feet in some of the premisses. And by the consent of councell it is ordred farther by the court, that the aforesaid Elisha Cooke shall take no advantage against the plts, for his not prosecuteing upon the tryall, occasioned by such kind of Default, but that the aforesaid Elisha Cooke shall pay the plts costs of court to be appointed. And it is farther ordred that the said (Richard Roe lessee of) 126 Capt: Nicholas Paige and Anna Paige plaintiffs shall pay ye Costs of the Defendant, which the said eourt shall appoint or adjudge.
Att the said court by adjournment the 20th day of October Anno Domi 1686. The pleas of both partyes being fully heard, & evidenecs read, the case was comitted to ye Jury (vizt) whose names are in the margent,128 whoe returned theyr verdict thereon,
120 The words included in parentheses were interlined.
127 Interlined above a name cancelled so as to be illegible.
128 The names in the margin are: Will: Grecne, Ebenez: Prout, Stephen Waters, Thom: Oliver, Zech: Hicks, Joseph Child, Jos. ffreeman, Obadialı Ward, Ben: ffitch, James ffowle, & Jonath: Whitney. Sce supra, p. 68.
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Y
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71
CHAPS. XIX-XXI] APPENDIX
they found for the plts, the Lands, and tenements sned for & Costs of court. Itt is therefore considered by ye court that the plis shall recover the aforesaid Lands & tenements, & additionall dammages for costs of Suite. The defendant appealed from this Judgement, unto his majesties next Court of Appeales & grand- assize to be holden at Boston before the honobio his Majesties President and councell, for this his majesties territory and dominion of New-England, Novemb! 20 1686
And accordingly att this day the so Appellant Elisha Cooke came into this conrt, and defended the wrong and Injury when a Kez, and said (as in ye former conrt he said) that he is not guilty of ye trespasse and ejectment as the Appellees have ' objected against him.
Therefore, the Provost Marshall is comanded to summons a jury to try the said case, betweene the said appellees ( Richard Roe lessce of) Capt: Nicholas Paige, and Anna Paige, his wife, and the sd appellants, for that the said appellants as well as the said Appellees, have put themselves upon ye Jury &cª And the said Provost Marshall did according to the comand of the court, pre- sent a pannell to try the said case. Vizt
Sampson Sheafe
Joseph Lynds
Frane : Burroughs
John Minott Peter Woodard W" Deane
Jurors.
William White
Sam: Goffe
Daniell Brewer
John Breck
John Hammond, & John Mosse
Who were impannelled and sworn accordingly to try the said case, and the pleas of both parties being fully heard, and evidences read, the case was comitted to the Jury vizt, said Sampson Sheafe, Joseph Lynds, Francis Burroughs, William White, Daniell Brewer, John Breck, John Minott, Peter Woodard, William Deane, Sam : Goffe, John Hammond, & John Mosse. Being required to give theyr verdiet in the said case, being empannelled, and sworne, as aforesaid, and the marshall sworne to keep ym and they returned into the court, and doe say upon theyr oaths that they find for the appellees confirmation of the verdict of the former jury (vizt) they found for the Appellees, the Lands & tenements sned for, and Costs of Courts.
Therefore it is considered by the sd Court
That the aforesaid plt ought to recover his aforesaid tearme yet to come, of, & into the said one messuage or tenement, & fourty acres of Land scituate, Lyeing, and being, at Malden in the County of Middx, with theyr appurtenances to Enter. And now the said
72
IHISTORY OF CHELSEA [CHAPS. XIX-XXI
appellant Elisha Cooke appealed from the judgement of this his majesties court of appeales and grand assize, to his majestie in Councell, which appeale was allowed by the court, upon condition that the sd appellant, forthwith give bond with sufficient sureties to the vallew of 500" sterling, unto the said Capt: Nicholas Paige that he ye said appellant by himselfe or his Lawfull attorney, doe draw forth from ye Secretary & clarke of the said court, coppies of the records, Judgement, Pleas, and Evidences on both sides, & Lay the same before his Saered Majestie in councell; and proseeute the said appeale to efect, so as to shew forth before his said majesties President and councell, or other his majesties gouuernment, for ye time being for this territory, within nine months next eomeing, (or such farther time as his majestic shall please to allow ) his majesties finall judgement and resolution in the said ease of appeale, & his directions thereon, and pay such costs as shall be determined by his majestic, within 12º dayes next after return of such Judgement./
Writ of Execution 130
New England ss.
James the 2ª, by the grace of God of Engld Scotld ffranee & Irel! King Defend" of ye ffaith &c
SEAL. To ye Provost Marshal of Our Territory & Dominion aforesd, or his Deputy.
Know ye, That Richard Roe lessee of Capt Nicholas Page & Ann Page, as wel at our Court of Pleas held in Cambridg for Our County of Middlesex in Our Territory & Dominion aforesd, on ye Thirteenth day of October last past; as also at Our Court of Appeals & Grand Assize held the Second day of Novemb! also last past at Our Town of Boston in ye County of Suffolk, in Our said Territory, hath reeovered against Elisha Cook & John Burrell his term yet to come of and in a eertaine Messuage or Tenement, a pareel of Woodland Arable & pasture land; in all about fforty aeres with ye appurtenees Situate lying & being in ye Township of Malden in ye County of Middlesex; Which sd Messuages Lands & p"misses Capt Nicholas Page & Anna his Wife, the ffirst day of May in the seed year of Our Reign, unto ye said Riehd Roe did demise To have & to hold unto ye said Richard Roe from ye Twenty fifth day of March now last past, unto the end & term of Three years thenee next insuing fully to be eompleat & ended; which
129 Cancelled so as to be illegible.
130 MSS. Rec. of the Supreme Judicial Court, ii. 15, 16. The writ in the case appealed from the Suff. Co. Court precedes this on ff. 14, 15.
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73
CHAPS. XIX-XXI] APPENDIX
said term is not yet past, & from whence ye aforesd Elisha Cook & John Burrell him the sd Richard Roe Lessee aforesd from his aforesaid fferm Lands & prinisses did cieet, whereof they are con- vieted : Therefore We command you, That unto the aforesd Rich- ard Roe, Lessee aforesd, his Possession of his aforesd Term yet to come, of & in the sd Messuage Land & p'misses with their ap- purtences, without delay you give. And how you shal execute this our Writ, you shal make Return.
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