USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 1 > Part 24
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*Elizabeth Randall of Newberie presented 30: 7: 1651, for using sinful language, calling " gudy Siluer base lieing divell, base lieing tode base lying sow, bas liing iade." Wit : Gudy Silver and Gudy Blumifield.
Edmond Clarcke deposed that he heard William Ewings say that some Charles Towne men told him that they had taken up some boards at the Lire neck and put them on shore, and he might get them if he would. Sworn, 29: 1: 1652, before William Stevens, Robert Tucker and Robert Elwell, commissioners of Gloster.
252
SALISBURY QUARTERLY COURT
[Apr.
the last General Court to treat concerning certain lands lying to the eastward, and considering the land in question to be within their patent, ordered that the case be referred to the next General Court.
Mr. Joseph Mason, agent or attorney for the worshipful Ann Mason of London, sole executrix of Cpt. Jno. Mason, Esq. v. Mr. Francis Norton. For 320 head of cattle, great and small, which Norton received from Mr. Henry Jocelin, their agent, for the use of Mrs. Ann Mason ; also other goods, such as millstones, amounting to 30 or 40li. sterling, and for selling the cattle. Withdrawn.
Abraham Pirkins v. Tho. King. For taking a false oath, being a witness in the case between George Barlow and Abraham Pirkins. Verdict for the plaintiff. The court upon further evidence found that it was not a wilful act, but a mistake, and remitted the fine. Appealed to next Court of Assistants. John Samborn bound for King's appearance.
Hugh Sharratt v. James Fiske. For withholding part of a debt of 11li. 16s. 6d.
Richard Swaine v. John Marian and Edward Colcord .* Tres- pass. For mowing his meadow and carrying away the hay and endeavoring to alter the title of his land. It was a ten-acre lot. Verdict for plaintiff.
Nathaniell Boulter v. Town of Hampton. For unjustly detain- ing land which he did sometime possess and use, and other privi- leges belonging to him as an inhabitant of said town. With- drawn.
Nicolas Leeson v. Jno. Barrett. Forfeiture of a bond for Bar- lie's appearance.
Tho. Crauly v. Nicolas Leeson. Breach of promise. In not freeing George Barlow from a debt of thirty shillings. Withdrawn.
Steven Kent v. Thomas Macy. Debt. For about eight pounds of malt received of him. Verdict for plaintiff, 7li. 3s. for six bushels of oat malt, at 2s. per bushel, delivered by Richard Kent, jr.
Mr. Edward Gyllman v. Mr. Nathaniell Norcras. For 4000 hogshead staves that he should have delivered about four years since. Defaulted.
Mr. Edward Gyllman acknowledged judgment to Mr. Anthony Stanian, and to pay him 12500 merchantable inch boards within one month.
*Edward Colcord's name crossed out.
253
RECORDS AND FILES
1652]
Mr. Woodman sworn commissioner to end small causes for Nuberry.
George Gouldwyer sworn constable for the town of Salisbury.
Tho. Davis sworn constable for the town of Haverill.
Mr. Edward Gyllman v. Joseph Austen. Breach of a bond of 8li. for his appearance at Hampton Court. Withdrawn.
Mr. Edward Gyllman v. Mr. Richard Waldern. For not per- for ming covenant concerning the delivery of boards. Withdrawn.
Robert Tuck v. Mary Willix, administratrix of the estate of Belteshazer Willix, deceased. Debt of 5li. for diet of two children of said Willix, one above a year and the other about eight weeks. Verdict for plaintiff, 4li. for the debt.
John Clement, Joseph Peasley and John Eaton, sr., confirmed commissioners to end small causes for the town of Haverell.
Ordered that Georg Goldwyer be paid 15s. by the court for en- tertaining the magistrates and their horses, and to allow 3s. to the attendance of the ordinary ; also to pay George Goldwyer 5s. and to Mr. Monde, 3s. 4d. for entertaining the magistrates at Salisbury court of 1651 and passing to Hampton court, 1651.
COURT HELD AT SALEM, 29: 4: 1652.
Christopher Avery and Silvester Evely of Gloster sworn freemen.
John Norman sworn constable of Manchester.
Silvester Evely chosen and sworn constable of Gloster.
Timothy Cory and William Clarke sworn constables of Lin.
Christopher Avery chosen and sworn clerk of the band of Gloster.
Edward Burcham chosen and sworn clerk of the band of Lin.
Christopher Avery chosen and sworn clerk of the market at Gloster.
Robert Morgan of Salem and John Fuller of Lin sworn freemen. William Knight chosen to sell strong water by retail at Lin. Arthur Sandin chosen and sworn constable of Marblehead.
Present : The Honord Governor, Capt. Bridgis, Mr. Samuell Simonds, Maj. Danyell Denyson and Capt. William Hathorne.
Grand jury : Mr. Roger Conant, Lt. Lothropp, Serg. John Por- ter, Jacob Barney, Rich. Prince, Thomas Spooner, James Smith, William Longley, George Keaser, Phillip Kirtland, Andrew Manns- feild, Thomas Wakely, William Geare and John Sibley.
254
SALEM QUARTERLY COURT
[June
Jury of trials : Mr. Tho. Gardner, sr., Jeffery Massy, Nathan- iell Putnam, John Swinerton, James Underwood, Nicholas Potter, Jarrett Spencer, John Maunsfeild, John Fuller, Christopher Avery, Esdrass Reade and Henry Leg. Elias Stileman chosen in place of Christopher Avery in the trial of Gloster v. Mr. Steevens.
Civil cases :-
Mr. John Holgrave v. Mr. William Perkins. Two cases. De- famation. Charging him to hunt up all occasions of disturbing the church of Gloster, whereby the church had been in danger of be- ing rent in pieces by his cunning insinuations into the hands of several ; also for saying that he was a plague to the town and now the plague was going away. The decision in the first case was that the plaintiff had no legal grounds for his action; and the second case was continued.
William Browne v. John Peirce. Trespass. Breach of covenant in a bargain of daubing work.
Mr. Edmund Greenleife of Newberrie v. Henry Short. For not giving possession of five acres of meadow.
COURT HELD AT SALEM, 30 : 4: 1652.
John Hathorne, at request of the selectmen of Lin, allowed to keep a house of common entertainment there.
Robert Lord, attorney for William Clarke of Ipswich, acknowl- edged judgment in favor of John Cogswell, jr.
Robert Pease and his brother John Pease, both of Salem, ac- knowledged a bill, dated 6: 11 : 1651, to Tho. Watson, in regard to the estate of their grandmother, Margarett Pease, of whom said Watson was a feoffee.
Worshipful Capt. Bridgis brought in a bill charged by Mr. Giffard on Mr. Awbrey for misdemeanors of Nicholas Penion.
Mr. Francis Johnson summoned by Edward Wilson to answer action of a fishing voyage. Not entered. Wit: John Bartoll.
Will of John Hardie of Salem, dated 30 : 1 : 1652, proved. He be- queathed to "Roger Hoscall my son in lawe all my lande lyinge neare bass Riner (beinge the lande was given me by the towne of Salem) to houlde and inioy all the sd lande to himself and his heires for ever It : I giue vnto my sd son in law Roger Hoscall a steere and a Cowe now in his owne keepinge and one oxx in the hande of Wil- liam Flint the which oxx my wife shall chuse and apoynt to my son in law out of my three oxen in william Flints hande
It: I giue vnto my sd son in lawe all my right and interest in
255
RECORDS AND FILES
1652]
Micaell Cresse acknowledged assignment of Lt. Thomas Lothropp of the time he was to serve Lothropp, to Josuah Raye of Salem, for four years, wanting one month.
Thomas Varney my apprentice vnless his parents buie his time by payinge the som of seauen pownd that I pd for his time which if they shall doe I give the sd som of seauen pownds to my sd son in law It : I giue vnto my sd son in law his 4 Children : vidz : John William Marke and Elizabeth 4 ewe sheepe of my yongr sheepe to each of them one It I gine vnto Elizabeth the danght' of my son Joseph Hardy my best ewe sheepe and my best ewe lambe of this yeare
It: I giue vnto my daughter Elizabeth Hoscall one heighfer of two yeare old : It I giue vnto my son Joseph Hardy one quarter pt of the old catch caled the returne : and one quarter pt of the new Catch caled the gift : and one eight pt of the Catch caled the flower It : I giue vnto my sd son Joseph Hardy one ak' of marsh yt I bought of Jacob Barny and halfe one akr that I bought of William Lord lyinge togeath" neare the cold springe at the head of the south Riner. also I giue unto my sd son my part of the house beinge one half in which we lay fish beinge on winter Iland
It: For all that remaineth of my estate my debts and legacies being pd. I giue and bequeath vnto my beloued wife Elizabeth Hardy whom I apoynt to be sole executrix of this my last will and testament to order and dispose of all thinges as I haue aboue expressed
and I doe make Choyce of mr Charles Gott and Henry Barthol- omew whom I doe request to be overseers of this my last will and testament." John Hardy .* Wit : Charles Gott,* Henry Barthol- mew .*
Inventory of estate of Jno. Harde taken 8 : 4 : 1652, by Edmond Batter* and Walter Price :* One dwelling house & 2 Acres of land, 40li. ; 15 acres planting land in southfield, 7li .; 6 acres & 3-4 of salt marsh, 24li. ; one farm of 80 acres upland or thereabout & 12 acres medowe, 20li .; halfe a fishe house at winter Iland, 3li. ; one fourth part of the Alegatter Catch, 30li. ; three fourths of the Catch called Guift, 60li .; one halfe of the Catch called the Re- turne, 30li. ; one boat & Cannow, 1li .; 6 Cowes, 30li. & 4 oxen, 27 li., 57li .; 4 yearlings, 8li. & one 2 yeare hiefer, 3li. 10s., 11li. 10s. ; 2 weanlinge calves & 1 sucking calf, 2li. 2s .; 1 swine, 30s. & 1 Ramme, 16s., 2li. 6s .; 8 yewes, 12li. & 5 lambes, 3li., 15li .; Mari- ners Instruments, 2li. & 2 chestes, 16s., 2li. 16s .; 1 bedstead, table & forme, 2li .; waring Aparrell, 13li. 19s. ; 25 yds. 1-2 sayle cloath, 28s., 10 yd Stuffe, 35s., 31i. 3s .; five yds. 1-2 broad cloath, 2li. 18s. ; 8 yd. Hampton Sarge, 4li. & 4s. & 5 yds. 1-2 cotton, 18s., 5li. 2s .; 1 feather bed & boulster & pillow, 3li. 10s .; 1 Rugge & 1
*Autograph.
256
SALEM QUARTERLY COURT
[June
Paule Maunsfeild v. William Phillipps, jr. Debt. For wages and boat hire to the amount of 25li. 10s. Court found no ground for the action and granted plaintiff to sue "in forma pauperis."
Thomas Scudder v. John Alderman. Defamation. For saying that he would lie like a dog. Mr. Alderman confessed that he was sorry.
John Swaysy v. Mordecaie Craford. Debt. For salt and other necessaries for a fishing voyage.
Mr. Edmund Batter v. William Barbur. Debt. Withdrawn.
Mr. William Perkins v. William Browne. For detaining four and one half quintals of fish delivered to him to pay a debt at Charlestowne. Withdrawn.
Edward Richards v. Joseph Jenkes, sr., and Joseph Jenkes, jr. Debt.
Edward Richards v. Joseph Armitage. Defamation. For say- ing " to M' Cobbett that Edward Richards should say to M' Jef- fards that M' Cobbett should say that ME Jeffards was one of the scum of the Cuntry."
pr. blankets, 1li. 10s. ; 1 paire Cartaynes, carpet & valents, 1li. 5s. ; 4 Cushons, 13s., a Coverled & a Rugge, 20s., 1li. 13s. ; 9 Sheetts, 45s. & 5 pillows, 14s., tablecloathes, 2s. 6d., 3li. 1s. 6d .; 1 warming pane, 5s. & 1 brush, 12d., 6s. ; 3 musketts & 3 swords & bandeler rests, 1 Carbine & a foulinge peece, 4li. 6s. ; bulletts & nails, 14s., cases & botles, 4s., 18s .; 150li. shotte, 30s., yarne, 20s., 2li. 10s .; bookes, 20s. & old Irone, 5s. & 1 bell, 12d., 1li. 6s. ; 1 lookinge glasse, 2s. & 2 coffers & trunke, 6s., 8s .; 2 feather beds, Rugge, boulster & blankets, 4li. 10s. ; 1 bed & beddinge & 2 bedsteeds, 1li. 10s .; netts, linnes & leads, 10s. & 1 woolen loom, 3s., 13s .; Coren upon the ground, 4li., 4li .; corne & malte, 15s., caske, 5s., 5s .; 2 brass kitles, 15s., Iron potts & brasse, 1li. 15s., pick forks & spads, 5s. & 1 mattocke & tubbs, 3s., 8s. ; mortor & pestle, 2s. 6d., scamr. & Andirons, 4s. 6d., 7s. ; hakes & pott hookes & tongue, 5s. 6d .; friing pane, gridirone & belowes, 4s .; wooden ware, 5s .; tubbs, form & setle, 11s., 16s. ; 3 Chairs, 10s. & 2 hammers & 1 drawing knife, 3s., 13s .; 11 platters & bason & other pewter, 3li. 1s. 6d .; 3 Iron wedges & 2 Iron rings, 6s .; 1 axe & 3 howes, 4s. 6d. & 1 lad- der, 18d., 6s. ; Cheese presse, 4s., milkpanes, 3s. 6d., 7s. 6d .; 3 runlets & 1 grindston, 7s. ; 4 yeares tyme in Elisha Sharpe sold to Mr. Jno. Browne 4li. ; Duncan Macall, the scot, has 6 years & 3-4 tyme to serve, 16li .; total, 393li. 4s. 6d.
Bill of presentments, 29 : 4 : 1652, signed by Roger Conant* for the grand jury :
* Autograph.
257
RECORDS AND FILES
1652]
George Tucker of Gloucester for striking Simon Grosse with a cudgel. Wit : Sam. Bouden and Solo. Coyte.
Guy Baylye of Salem for immoderate and cruel correction of his eldest son, to the great danger of his health and life. Wit : Joh. Black and Joh. Picket.
John Brackenberrye of Salem for wearing points and ribbons. Wit : Joh. Porter and Lieut. Latrup.
COURT HELD AT SALEM, 1 : 5: 1652.
Rob. Tucker chosen and sworn clerk of the writs at Gloster.
William Barbur of Marblehead acknowledged judgment to Mr. Edmund Battar of Salem.
Arthur Jewell of Marblehead fined and to sit in the stocks one hour for being drunk and cursing, and bound to good behavior. George Parke of Marblehead, surety.
John Coite* fined for striking his brother, Solomon Coite, on the head.
Edward Keampi presented for drinking tobacco in a meadow, whereby he kindled a fire, burning much hay and grass. Discharged. Not legally presented.
Samuell Dallivert presented for not warning the town of Mar- blehead to make a country rate, being constable. Discharged, because he was absent a week or more in the service of the country.
John Peirce v. William Browne. Slander. For calling him a liar. Withdrawn.
George Burrill v. Joseph Jenkes, sr., and Joseph Jenkes, jr. Debt.
William Steevens v. Robert Tucker, in behalf of Gloster. For the town's withholding the true bounds of a neck of land granted to him by the town, between the marsh in Annisquam and Che- bacco to the narrow of the neck above the pond. Title held good.
Mr. Jonathan Wade v. Mr. Robert Paine and Mr. William Paine. Withdrawn.
Phillip Crumwell v. Henry Cooke. Defamation. For saying he was a base fellow, and if he had not had Mr. Kenyston's money he could not have paid his debts.
*John Coyte of Gloster presented. Wit : Tho. Farre.
tWenham presentment. Wit : Joh. Sheplye.
#Marblehead presentment. Wit : Will. Charles, James Smith and John Bartell.
258
SALEM QUARTERLY COURT [July
Mr. William Browne v. Capt. Thomas Savidge. For damage he sustained in a parcel of unmerchantable shoes sold to plaintiff by said Savidge to the value of 4li. 10s.
Mr. Danyell Kinge and Joseph Redknapp admonished, it being their first appearance, for wilful absence from public ordinance on Lord's day and being at a private unwarrantable meeting .*
Thomas Tuck fined 20s. for being drunk. t
William Barbur of Marblehead, bound to this court for " assault- inge his wives father drawinge blood from him and abusinge his wife," etc., was sentenced to be whipped.
Geo. Ropes presented for taking away a plank at the bridge over the marsh near Capt. Trask's mill. He said he took it by Capt. Trask's order and for work about his mill. Trask ordered to pay for it. Wit: Francis Collins.
Joseph Langton presented for evil usage of a little child of his wife, Lt. Samuell Apleton and John Whipple being feoffees in trust, and bound to prosecute him. The child was ordered to con- tinue to live with his grandfather, William Varney, and his grand- mother, until next Ipswich court .;
Mordecaie Craford v. John Jackson. Trespass. For damage on account of the insufficiency of his fence on the neck and also for digging a pit on his land.
Thomas Butts v. John Swaysy. For Sli. 3s. due to him for making of fish.
John Ward v. Mr. John Clarke. For withholding a year's rent received from his land.
*Wit : Richard Moore and John Kirtland, constables.
tWit: John Grover, Math. West and Roger Conant. The wife of John Lovet, living on Cappan sid by the highway, testified that she saw Goodman Tuefe [Tuck ?] go reeling, not able to walk in the highway, being very much overtaken with drink and accon- panied by his father, Samuell Archer.
Deposition of- -, sworn 26: 4: 1652, before Samuel Sy- monds, § that Joseph Langton whipped the child to make it quiet, and upon deponent's asking why he used such a sticky rod, the small branches being worn off, said Langton whipped the child again. The child had to lie upon straw having but a piece of sail cloth or some such material in the cradle, and deponent saw water running down into the room underneath where the child lodged. He could not remember whether it had a pillow for its head.
§Autograph.
259
RECORDS AND FILES
1652]
Joseph Armitage v. George Burden. For detaining a bill of Sli. from said Armitage because his maid servant was not made his according to law. Withdrawn.
Joseph Armitage v. John Gillo. Debt.
Capt. William Hathorne v. Samuell Cumlee. Debt.
John Gillo v. Joseph Jenkes. For bill due from Joseph Armi- tage and assigned to defendant.
COURT HELD AT SALEM, 2: 5: 1652.
William Barbur of Marblehead threatened to go away from his wife and children and leave them. The selectmen of Marblehead were ordered to sequester his property that it might be used for his wife and children.
Five shillings ordered to be given to the servants of the house for their attendance .*
Henry Cooke v. Thomas Crumwell. Battery.
Joseph Armitage v. Hugh Sharratt. For withholding 650 pipe staves. Withdrawn.
Mr. William Paine v. Robert Naish. For detaining 3000 pipe staves. Withdrawn.
Mr. William Paine v. Edward Bendall. For cables left in his warehouse and sold by him. Special verdict found, and case re- ferred to next Ipswich court.t
Samuell Bennett v. Francis Smith and John Hathorne. For the sale of a house to Francis Smith, of the value of 13li.
On 1 : 5 : 1652, Mr. John Mavericke and William Fryer, mates of the ship Eagle of London, which was cast away on the north- east side of the Isle of Sable, Mar. 26, 1652, rendered an inventory
*To the servants of the tavern where the court was being held. +William Bartholomew; deposed that some cables came from Mr. Green's ship and Mr. Green said he had sold his cordage to Mr. William Payne; and Mr. Payne, inquiring of Goodman Everill of Boston for his cables after Edward Bendall had gone, Everill told Mr. Payne that Mr. Bendall caused two cables to be cried and sold.
Robert Payne deposed that Mr. William Payne laid into Mr. Bendall's warehouse four or five cables which he had bought of Mr. Greene, and that he sold two and the rest were left in the ware- house. Sworn in Salem court, 30 : 4: 1652. Will. Paine* affirmed the same, June 21, 1652. Endorsed : " Barbadoes."
#Autograph.
260
IPSWICH QUARTERLY COURT
[Sept.
of goods saved from the wreck, and were sworn before John Endi- cott, Govr., Mr. Samuell Simonds, Capt. Robt. Bridgis and Maj. Danyell Denyson. Court appointed Capt. William Hathorne, Mr. William Browne and Mr. George Curwin, commissioners to ap- praise the goods. Warrant to commissioners, signed by Henry Bartholmew, clerk. John Andrewes was commander of the ves- sel. The goods were saved by the company of the ship with the assistance of Abraham Filleter, commander of the ship Peter & John of London and his company and so shipped on said ship, by agreement. The following inventory was sworn to by the mates :
Eightie seaven bundles of Copper barrs wayinge two thousand five hundred and six pownds at 12d. # li., 125li. 6s .; mauellias beinge in Caske 2-3 of a Caske pipe full waighinge nine hundred seauentie and nine pownds suttle* at 4d. @ li., 16li. 6s .; more Eleaven brasse kettles wayinge one hundred eightie and seaven pounds suttle at 13d. + li., 10li. 2s. 7d .; Fiftie and fower barrs of Iron waighinge seauenteene hundred and foureteene pounds at 18li. + tun, 15li. 8s. 3d .; two small furnaces waighinge about one hun- dred and thirteene pownds at 15d. # li., 7li. 1s. 3d .; two small Rabbuett guns waighinge three hundred and quarter at 14s. ₺ hun- dred, 2li. 5s. 6d .; three half barrells of powder at 6li. # brll., 9li. ; Broken musketts and other small gunns, twentie three, 5li .; A Sheate Cable cutt in the middle, 9li .; A Flagg Ensigne and two or three compasses and glasses with a poope Lanthorne all broken, 3li. 15s. ; Fowre Jaue lines and a stewe pan with an old fore saile and a Mizen saile; total, 206li. 14s. 11d.
COURT HELD AT SALEM, 21 : 6: 1652.
Thomas Rickes, chosen constable of Salem, was sworn.
COURT HELD AT IPSWICH, 28: 7: 1652.
Grand jury : George Giddens, Mr. Jo. Apleton, Jo. Perkins, sr., Will. Adams, sr., Tho. Tredwell, Tho. French, Math. Boyce, Willm. Asye, Will. Law, Dan. Thurston, Dan. Pearce, Archel. Woodman and Nicolas Holt.
Mr. Ezekell Chever of Ipswich made free.
Rich. Kemball v. Rich. Shatswell. Trespass. For re-entering upon his farm. Withdrawn.
*Net weight.
261
RECORDS AND FILES
1652]
Rich. Shatswell v. Rich. Kemball. Forfeiture of a bond .*
George Palmer v. Robert Starkweather. For not carrying hogs- head staves.t
Mr. Jonathan Wade v. Mr. Robert Payne and Mr. Willm. Payne. For not giving account of money in their hands. Parties agreed that Capt. William Hathorne and Mr. Henry Bartholmew should audit their accounts .;
Thomas Wheelar v. John Powline. Slander. The defendant ordered to acknowledge at Lynn that he had done Wheelar wrong in saying that his mother and he could have hanged the plaintiff for taking up a horse. §
Frances Johnson v. Capt. Willm. Hathorne. For replevin of John Hudson, being under attachment of said Johnson. Defen- dant ordered to bring Hudson in to the next court at Salem. |
Mr. Will. Perkins v. John Holgrave. Slander. Withdrawn. Robert Dutch v. Peeter Pittford. For pork and lines. Withdrawn. Tho. Rolandson, sr. v. Willm. Whittred. For withholding rent. T
*Writ to attach Richard Kimball, sr., and jr .. dated 23 : 7: 1652. Signed by John Whipple ** for the court; and served by Theophilus Wilson, ** coustable.
tRich. Smith, Robert Flecher and Sarah Barnes deposed that George Palmer made some of the staves after Indian harvest, which said Smith's master, Starkwether, carried to Ipswich waterside, and Smith lodged at said Palmer's house while he was making them. Writ, dated 21: 7: 1652, signed by John Whipple ** for the court, and served by R. Lord, ** marshal. Attached a bay horse.
¿Bond of Will. Paine ** and Samuell Appleton, jr., ** to Robert Lord of Ipswich, marshal, for appearance of Mr. William Payne at next court at Ipswich ; dated Sept. 16, 1652. Bond of Robert Payne ** for same. Writ, dated 20 : 7 : 1652, signed by John Whip- ple ** for the court, and served by Robert Lord, ** marshal.
§ Warrant to Timothy Cooper and Artara C-, to appear in this case. Dated, Line, 27 : 7: 1652.
„ Wm. Hathorne ** testified that when he had a judgment against John Hudson, he found that said John had made an agreement with Rich. Holingwood to serve him six months in the year for three years, etc.
THenery Kimball deposed that Goodman Rolandson told him he was willing that the rent of the house that Goodman Whitter- rege lived in should be laid out to repair the house. Afterwards Goodman Rolandson sued his tenant for the rent, before Mr. Simons, and they agreed that Goodman Whitterrege was to repair the house as much as was needful for warmth and as two men should judge ;
** Autograph.
262
IPSWICH QUARTERLY COURT [Sept.
John Holgrave v. Mr. Willm. Perkins. Defamation. With- drawn.
Mr. John Ward v. John Aniball. Debt .*
Rich. Kent v. William Moody. Trespass. For cutting down his wood and timber on the ten acres of land granted to him by the town.
Richard Kent v. William Moody. For making use of the ten acres of land granted him by the town on the west side of Meri- make Ridge.t
but if he laid out more than was needful, for ornament, he was to bear the cost himself. Ric. Kimbole testified that the parties choose Ensign Howlet and Goodman Kimbole to judge of the re- pairs. These affiants were sworn in Ipswich court, 28: 7: 1652. Writ, dated 15: 7: 1652, signed by John Whipplet for the court, and served by Robert Lord, ; marshal. Bond of William Whittred and Richard Kemball, sr., to the Ipswich marshal. Both signed by making their marks.
*Writ, dated 20: 7: 1652, signed by John Whipple; for the court, and served by Robert Lord,; marshal, who attached the house and ground of the defendant.
tRichard Kent, jr., acknowledged before Wm. Gerrish, Edward Woodman and Nicholas Noys, commissioners, that he broke the wedge of one of the bars and broke off the lock and staple of the other bar that stood in the way. John Knight testified that he heard Goodman Moudie say that he had enjoyed the land many years and when he was cutting out the timber Goodman Kent came and asked him why he cut his timber; and he told Kent that he should have the wood and his labor upon it too. Richard Brownet testified concerning the land in question between their neighbors, Kent and Moody ; neighbor Kent gave up his land on the same terms as others ; much of the town book was lost long ago, etc. Sworn in Ipswich court, 28 : 7: 1652. Richard Knight; and Edward Woodmant testified that they were employed or appointed by the town, with, they thought, Henry Short, to lay out for Rich- ard Kent fourteen acres of land in the neck over the little river to satisfy him for ten acres on the west side of the Ridge, which was done. Sworn in Ipswich court, 28: 7: 1652. Henry Short; also deposed on the same day. John Cheney # testified, on the same day, that certain lots were resigned to the town on exchange for lands elsewhere, and among them was the land in controversy.
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