USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 1 > Part 29
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First i humbly conceiue my wife by -- about her neck doth not goe out - or above that education which she - or the nowe preessent con - evidens have sett her in the - such as she was ordinarily brought - silke and silluer and howe farr we are - the honnour of our parens by our - going in aparell i shall leaue to the honourable court to judg.
2 i humbly conceiue that i am bound by coushens and loue to mainetaine my wiues honnour and that good education that shee was brought up in but neither coushens nor loue doth yet teach me to maintaine her worss then i found her except god be pleased by his prouidens to call us to a lower condishion then yet he is pleased to doe.
3 i humbly conceiue the end of the law is to -- that sinne of prid and excess in aparel - modesty and comelyness but i con- ceiue my - wearing of a scarfe is not guillty of prid - Reas- sons are thess First becaus when she doth weare a scarfe it is not becaus she would be in the fashon or that she would be as fine as another
4 becaus it is for nessesity and presseruing of health and this apears to me thus becaus she ordinarily weares a scarfe but at two seasons the first is in winter when it is very colde the other sseas- son is when it is very wett weather nowe i conceiue if she did weare her scarfe for prid she would be as proud in summer as she is in winter and in dry weather as in wett - she haue a disspos- sison contrary to most wea
Your sseruant to be comm
Writ : Henry Archer v. Humphry Griffin, deht, dated Sept. 22, 1653, addressed to the marshal of Ipswich, and signed by John Whipplet for the court.
tAutograph.
305
RECORDS AND FILES
1653]
William Trotter and wife fined or to be whipped for defiling the marriage bed.
Writ : Mr. Henry Webb, admr. of the estate of Robert Filbrick v. Henry Walker and Mr. William Norton, forfeiture of a bond ; dated 23 : 7 : 1653, addressed to the marshal of Ipswich, and signed by John Whipple* for the court.
Writ : Mr. William Bartholmew v. - Waker, debt of 4,000 pipe staves ; dated Sept. - , 1653, addressed to the marshal of Ipswich, and signed by John Whipple* for the court.
Writ : Samuell Tayler v. Joseph Jewet, dated 6 : 3 mo : 1653, signed by Francis Parrat* for the court. Served by Robert Lord,* marshal of Ipswich. Goody Warnore deposed that she heard Goodman Archor say, when they were reckoning with her husband, that Goody Taylor had ten quarts of three penny beer and two quarts of two penny beer at the time of her sickness, when they were reckoning for Samuell Taylor.
Bond of James Bayly* to Robert Lord of Ipswich, marshal, for the appearance of Joseph Jewett to prosecute his replevin suit. Wit : Henry Kingsbury .*
Writ : William Bartrum of Line v. Margerette Fossett, debt, for the frame of a house; dated 27 : 5: 1653, signed by Edward Burchum* for the court. Served by attachment of the frame of a house, and 1,000 boards, by John Fuller, t constable of Line.
Writ: Mr. Robert Paine v. Edward Coleborne, dated 3: 7 mo : 1653, and signed by Francis Parrat* for the court.
Writ: John Hathoren v. Nicklis Pinyon, dated Sept. 3, 1653, and signed by Edward Burchum* for the court. Served by John Fuller,* constable of Line, by attachment of seven swine.
Writ : Mr. William Hubbert, sr., of Ipswich v. Robert Stark- weather, dated 3 : 7 mo : 1653, and signed by Francis Parrat* for the court.
Writ : Mr. Robert Payne v. Robert Starkweather, dated 3: 7 mo : 1653, and signed by Francis Parrat* for the court.
Writ : Nicklis Pinyon v. John Hathoren, for striking plaintiff's wife, dated Sept. 12, 1653, and signed by Edward Burchum* for the court. Served by John Fuller,* constable of Lin, by attach- ment of defendant's house.
Writ : Mr. William Bartholmew v. Abraham Pirkins and Fran- cis Swaine, debt, for 4,000 hogshead staves, signed by John Whip- ple* for the court.
Presentments of grand jury to Ipswich court, 7 mo : 1653, signed by Will. Paine :*
Henry Bactheler of Ipswich and his wife, for frequent abstinence from public meeting on the Lord's day, and she for unseemly be- havior in the meetings to the disquiet and grief of many. Wit : Ensign Howlett and Joseph Medcalfe.
*Autograph.
306
IPSWICH QUARTERLY COURT
[Sept.
John Andrews' maid fined ten shillings for wearing a silk scarf. Execution respitted.
Christopher Avery, for not living with his wife, fined twenty pounds or to go to her at the first opportunity. Upon his present- ment for reproachful speeches to make acknowledgment and pay witnesses. [Wit: Willm. Evans, Jo. Pearce, Clem. Coldam, Ed. Myles .- Waste Book.]*
Robert Dutch, for reproachful speeches, to make acknowledge- ment and pay witnesses. [Wit : John Pearce and Richard Beefor. -Waste Book.]t
Robert Tucker, presented for scandalous speeches against Mr. [William .- Waste Book. ] Perkins, was discharged .;
William Everton was summoned by John Hardmon ; action not entered.
Andrew Foster of Andover, in respect of age and other infirmity, was released from ordinary training.
[John Smith and John Palmer of Rowley and James Jackman of Newbury took the oath of fidelity.
John Smith of Rowley, for rescuing cattle from John Pearson of Rowley as he was driving them to the pound. Wit : Richard Lay- ton and Elizabeth Jackson.
Mr. Henry Sewell of Rowle, for misdemeanors in the public meetings. Wit : Thomas Dikinson, Hugh Smith, John Mighill, Nehemiah Abott, Lt. Remington and Ezekiell Northen. Also, for striking William Asey on the face in the open street. Wit: Thomas Tenny and John Asey.
Joseph Mosse, for being drunk and profaning the Sabbath by making hay. Wit: Twiford West and his wife.
John Roe of Gloster, for affronting Mr. Wm. Perkins in the time of his preaching of the word in public. Wit: Jeffery Parson and Grace Dutch.
*Gloster presentment. Christopher Avery of Gloster, for many years living from his wife, she being in England. Wit : Robert Brookes of Gloster and his wife. Also for speaking against the person and ministry of Mr. Wm. Perkines, their teacher, in town meeting. Wit: William Evans, Richard Beeford, William Vin- cent and Edward Mils.
tGloster presentment. Robert Dutch of Gloster, for speaking against Mr. Wm. Perkins in town meeting. Wit : Clement Cold- ham and John Pearce.
#Gloster presentment. Robert Tucker of Gloster, for speaking against Mr. Wm. Perkins, their teacher, and discouraging men from contributing to his maintenance. Wit : Clement Coldam, John Pearce and William Evanes.
307
RECORDS AND FILES
1653]
William Browne, constable of Gloster, being complained of for not providing watch and bullets according to order, was bound to the next Salem court. Clement Coldom, surety.
Moris Somes of Gloster, presented for theft, cursing and lying, was fined. Wit : Clemont Coldom, William Evens and Edward Myles.
Steven Swett, chosen by the townsmen of Newbery to keep an ordinary, was granted a license .- Waste Book.]
Daniell Hovey was released from ordinary training, paying five shillings a year to the company.
Margret Pittis brought in an inventory of the estate of her hus- band, John Pittice. Amount, 88li. 17s. 2d. She was appointed administratrix of his estate, and ordered to pay to the five children, being all daughters, five pounds each at the age of eighteen. She was to bring up the children. [Proved by Richard Kemball, sr., and Richard Kemball, jr .- Waste Book.]
Deposition of Thomas Smith that he stood by the lot-layers, Goodman Gage and Sargent Jacob, when they measured out Mr. Tuttle's house lot, and at that time they measured out a rod broad of ground to be left common, to dig a well in before they measured Goodman Coolyes lot, so that the common ground lay between Mr. Tuttle's and Goodman Cooly. Sworn in Ipswich court, 25 :1: 1651.
Deposition of William Whittret that, being at town meeting about twelve years since, the town granted said rod of land from the street down to the swamp convenient for the "norwest end of the town for to fetch water." Sworn in Ipswich court, 25: 1: 1651.
Deposition of John Gage that, being a lot-layer, he laid out a watering place for the town's use about eleven years since between the houselots of Mr. Tuttle and Goodman Cowly the full length of their lots. Sworn, Mar. 27, 1651, before Jo. Endicott, Deputy- Governor, and Samuell Symonds.
Indenture, dated Apr. 28, 1653, between Robert Powell, single- man, and John Coggswell, the younger, of Ipswich, yeoman. Powell was to serve Cogswell six years. Wit: Chr -- - , notary public, and Jao. Needler, his servant.
The following letter was brought into court by Robert Powell :-
" Godman P[o]well your son it seemes being willing to goe into new England hath spoken with my Kinsman mr John coggs-
308
IPSWICH QUARTERLY COURT
[Sept.
well of Ipswich in new england now with me about his goeing thither as a servant to him for Six yeares my couzzen being to pay for the pasage to giue him meat, drinke, & cloths in a fitting way & ten pounds in money after the expiration of his 6 yeares : & I will Ingage to you for my kinsman well vsinge of your son and that he shall not sell him to any man Else : Because I am vn- known to you you may enquire of m' Randall who I am & he will sertifie you soe I rest
your frend vnknowne Samuell Thomsonn"
Tanton aprill 19 1653. [Endorsement on back : ]
"The marke of Robert Poells Father & he haue my good will."
Henry Sewall's bond of good behavior forfeited. Ordered that he pay 20s. each month unless he bring in a certificate from the selectmen that he is of good behavior.
Will of Mr. John Cogswell, jr., proved in court. Inventory received. Mr. John Cogswell and William Cogswell, executors.
Theophilus Willson appointed to keep the prison.
[19 actions at 12s. entery, 12li. ; whereof to the jury, 3li. 16s .; to the clarke, 2li. 7s. 6d. ; total, 6li. 3s. 6d. ; diat for the majistrats, constable & house, 3li. 8s. 9d .; rest in hand, 2li. 8s. 9d .- Waste Book.]
Venire for four trial jurymen from Rowly, 22 : 7 : 1653. Returned Thomas Dickinson, Thomas Leaver, John Smith and John Palmer. Signed by John Pickard,* constable.
Summons to wife of Edward Browne, wife of Thomas Harris, wife of Thomas Wayte, wife of Anthonye Potter, wife of Richard Brabooke, wife of John Whipple, jr., and Frances, the maid of John Andrews, jr., to answer their presentments at Ipswich court ; and as witnesses, Sergent French, Symon Thomson, Georg Giddings, Thomas Treddwell, William Addames, sr., and Will. Fellowes. Dated 26: 6: 1653. Served by Theophilus Wilson, * constable.
Venire for seven trial jurymen from Ipswich, 26: 6: 1653. Returned the names of Moses Pengry, Rich. Jacob, Tho. Boarman, Andrew Hodges and Jo. Proctor. Tho. Dickason, Tho. Leaver, Jo. Smith, Jo. Palmer, Abr. Tappin, Antho. Mose and James Jackman also named.
Deed of Theophilus Shatswell, in Norfolk county, husbandman, conveyed to William Marchent of Ipswich, husbandman, his dwell- ing house in which said William now lives, in Ipswich near the
*Autograph.
309
RECORDS AND FILES
1653]
COURT HIELD AT SALEM, 20 : 8: 1653.
Present : The Hond. Governor, Mr. Sam. Simons and Majr. Dan- yell Denyson.
Jury : Mr. Rodger Connant, foreman, William Dodge, Jeffery Massy, John Porter, Mr. Walter Price, Tho. Spooner, Rich. Bish- opp, Henry Herricke, Ensigne Dixsy, Francis Scerry, Elias Stile- ma[n] and Mr. Jo. Holgrave.
Mr. John Giffard, agent for the company of the Iron works v.
north end of the town, bounded by the house and land of Moses Pengry toward the northwest, the street southwest, the house and land of Thomas Smith toward the southeast, and planting ground on the hill toward the " southeast " [northeast ?] ; also six acres of land in the common field on the north side of the river, having the common fence toward the south, Moses Pengry's land toward the east, the highway toward the north and land of Robert Lord on the west ; also, three acres of planting ground within the same fence, having the land of Robert Lord toward the southwest and north- west, land of Haniell Bosworth toward the northeast and a swamp toward the southeast. Dated Mar. 29, 1653. [No signature.];
Mr. Perkings, Osmon Dutch, Mr. Will. Payne, Edward Bridges, Jer. Belchar .*
Robert Lord'st grounds of appeal, dated 17: 6: 1653, from the judgment of Salisbury court, 12 : 4: 1653, that the plaintiff said " that I came to his Brothers house & sayd I had an execution and red It on order & turned a beast in his Brothers yard, but did not drive it away, for he sayth I would haue driuen it away, but he did paye." Lord further stated that it was well that Samborne swore to his best remembrance and not positively, as the facts were not true ; that new evidence had been brought in, William Sam- borne being the only witness previously ; and that the court said he was justified in his course, while the jury found against him.
The names of those who have neglected the watch at Newbery : Robert Rodgers, Wiliam Sawer, Wiliam Sammon, Trustrom Cofen, jr., Anthony Moss, sr., Samwel Mowdey, Henery Short, Edmond Woodman and John Woodman. Signed by Robat Long, t con- stable.
Return of venire for four grand jurymen by John Pickard, t constable : Richard Swan, Hugh Smith, James Barker and John Trumble of Rowley.
Writ : John Hathoren v. Joseph Armatage. For taking away a parcel of corn that Thomas Looke sold said Hathoren. Dated, Line, Sept. 19, 1653, and signed by Edward Burchum.t Served by John Fuller, t constable.
*These names appear on the reverse of the Shatswell deed.
t Autograph.
310
HAMPTON QUARTERLY COURT
[Oct.
Capt. Thomas Savidge, George Mannings and Rich. Waite. For not giving account of the appraisal of the company's estate, etc. The defendants' plea was objection to the legality of the court, which was sustained by the court, the plaintiff being found not to be such a stranger as in the sense of the laws of this jurisdiction he had the privilege to call a special court.
Mr. John Giffard, agent for the company of the Iron works v. Mr. Henry Webb, Mr. Josuah Foote and Capt. Rob. Bridgis, attor- neys for said said company. For putting him out of the company's employment before his time, without any reason .*
Mr. John Giffard, agent for the company of the Iron works v. Theophilus Bayly. Debt charged by Mr. William Aubrey.
Mr. John Giffard, agent for the company of the Iron works v Thomas Buttols. Debt charged by Mr. William Aubrey.
COURT HELD AT HAMPTON, 4 : 8: 1653.
Jury of trials : Mr. Christopher Hussie, foreman, Anthony Stanian, Robert Drake, Robert Smithe, Sam. Fogg, Tho. Pettitt, Moses Gyllman, Jno. Severans, dismissed, and Tho. Filbrick, sr., impan- elled, Willi. Osgood, Jno. Gyll, Jarrett Haddon, George Browne and Bartholemew Heath. In Hampton case : Mr. Saml. Winsley, Mr. Edward Gyllman, Humphrey Wilson, Sam. More, Henry Typpotts and Benjamin Sweat.
John Marian v. Robert Lord. For not making good a parcel of fresh meadow which plaintiff bought of defendant, as appeared by a bill of sale. Verdict for plaintiff. Appealed to Court of Assist- ants. Mr. Bryan Pendleton bound for said Lord's appearance.
Willi. Franclin v. Thomas Beard. Debt.
Willi. Franklin v. Edward Starbroke. Debt. For withholding one dozen of " Indian howes," valued at twenty-four shillings.
* Writ, dated Oct. 12, 1653; signed by Jonathan Negust for the court ; served by Richard Wayte, t marshal of Suffolk county. Bond of Henry Webbt and Joshua Footf, dated 12: 8: 1653.
Another writ, Mr. John Giffard, agent for the Iron works v. Mr. John Beex & Co., Mr. Henry Webe and Mr. Joshua Foote & Co. of the undertakers of the Iron works. Debt. For salary of plaintiff and other debts. Dated, Line, Oct. 12, 1653, and signed by Edward Burchum.t Served by John French,t constable of Brantre, by attachment of the forge, furnace, land and other property of the Iron works.
tAutograph.
311
RECORDS AND FILES
1653]
Mr. Edward Gyllman v. Tho. Kinge. For not paying for boards and staves. Verdict for plaintiff. The jury did not " meddle wth anything about dead freight."
Mr. Edward Gyllman v. Edward Colcord. Debt. For boards, 1,000 staves,assigned by Mr. Legitt for work done about the mill dam.
Mr. Edward Gyllman v. Humphrey Willson. For not making up his sluice gates and dam according to agreement. Withdrawn.
Tho. King v. Humphrey Willson. For not paying a debt to Ed- ward Gyllman according to agreement about the work of Thomas Tyler.
Willi. Furber v. Elisabeth Chase. Review of case of debt tried at last Salisbury court. Verdict for plaintiff.
Morris Hobbs v. Town of Hampton. For not making good an old grant of four acres and three quarters of fresh meadow granted to Willi. Estow and given by him to plaintiff. Jury brought in a non-liquet. Plaintiff appealed to Court of Assistants. Willi. Estow bound for said Hobbs.
Henry Tibbots v. Phillip Lewis. Trespass. For taking away certain cocks of hay from his marsh, near the farm of Capt. Fran- cis Champernoone. Judgment for plaintiff, ten groats.
Jno. Goddard v. Mr. Joseph Mason, agent for Ms. Ann Mason. Breach of covenant. Review of action tried at last Salisbury court.
Robert Drake took the oath of fidelity.
Mr. Nicolas Shapleigh v. Mr. Edward Gyllman. For unjust molestation by an illegal execution given at a court held at Boston four or five years since. Nonsuited.
Tho. Crauly v. Mr. Edward Gyllman and Tho. Pettitt. For tak- ing away his goods.
Isaac Pirkins v. Henry Roby. Debt. Defendant acknowledged judgment to plaintiff.
Tho. Crauly acknowledged judgment to Tho. Kinge.
Job Clement v. Theophilus Satchwell. Trespass. For mowing and carrying away his hay in the Hawkes meadow and diverting plaintiff's land to his own use. Continued to next Salisbury court.
Tho. Kinge v. Edward Colcord. For non-payment of pipe staves to Jno. Severans or Mr. Sam. Dudley. Defendant acknowledged judgment to plaintiff.
Tho. Kinge v. Edward Colcord. For not delivering 1,400 pipe staves to the widow Chase. Defendant acknowledged judgment to plaintiff.
312
HAMPTON QUARTERLY COURT
[Oct.
Mr. Hunt, Mr. Rowley and the rest of the Shrewsbery merchants v. Edward Colcord. Review of case tried at Salisbury court, 2 : 2 : 1650.
James Wall v. John Goddard. Review of case tried at Dover court. Two cases.
Humphrey Wilson v. James Wall. Debt. For 4,000 feet of boards.
Natt. Winsley v. Benjamin Sweat. Debt. For a runlet of sack worth about three pounds. No action.
Willi. Osgood v. Jane Flanders. Slander. In saying he threatened to beat her and in using reviling speeches against him and his wife, calling his wife, mill mare, and him, foresworn wretch. Withdrawn.
Mr. Brian Pendleton was appointed administrator of the estate of Richard Kinge, late of Pascattoquack.
Robert Page sworn constable for the town of Hampton.
Jno. Robison chosen and sworn clerk of the market for Exiter.
Mrs. Ellnor Hooke appointed administratrix of the estate of her husband, Mr. Willi. Hooke. Ordered to bring in an inventory to next Salisbury court.
John Page, disabled by bodily infirmities, freed from ordinary training and watching. Wit : Robert Clement and Richard Ormsby.
Constable of Salisbury to be paid ten shillings, by the treasurer, for going to Boston with Lt. Pike.
Saml. Winsley, jr., to be paid five shillings for notifying Cpt. Wiggin to go to Salisbury court, second third day : 2mo : 1653.
Nicolas Lisson, presented for attempting the chastity of Mary Cornish, fined and bound to good behavior. Continued to next Salisbury court. Wit : Jno. Warren and Jno. Swane. Sureties : Mr. Edward Gyllman and Henry Robie.
Tho. King fined and bound to good behavior for filthy, unseemly speeches. To appear at next Salisbury court. Wit : Francis Swaine. Sureties : Abraham Pirkings and Henry Robie.
Nathaniell Wyer of Nuberrie acknowledged satisfaction to Job Clement for a ten pound bond, about nine years since.
Will. Partridg of Salisbury informed the court that there yet remained five pounds in the hands of Willi. Geynes, Richard Kent and Rodger Tayre of Olney in Buckinghamshire, in old England, being part of the estate of Jno. Partridg of Olney, deceased, and bequeathed to the children of said Willi. Partridg, namely, John, Hannah, Elizabeth, Nehemiah and Sarah. The court ordered that
313
RECORDS AND FILES
1653]
said Willi. be bound in ten pounds for the distribution of the five pounds. Bond acknowledged in court, 7: 8: 1653, before Tho. Bradbury, Rec.
Jane Flanders to be whipped not exceeding ten stripes and bound to good behavior for appearance at next Salisbury court.
Anthony Day fined for lying. Wit: Nicolas Lisson and his wife.
Edward Gyllman appointed Francis Swaine to receive of Na- thaniell Boulter what staves were due him from said Boulter, Sept. 2, 1650. Francis Swaine deposed that he received all said Boulter's staves that lay in the swamp on the other side of Fresh river, as well as those at Mr. Whelewrite's point. Sworn in court before Tho. Bradbury, Rec.
Ordered that the five children of Tho. Chase of Hampton, de- ceased, namely, Tho. Chase, the eldest, Joseph, James, Isack and Abraham, have 48li. from their father's estate; that the eldest have 16li. and the others Sli. each, at the age of twenty-one years. Elizabeth Chase, the widow, bound to bring up the children ; sure- ties, Tho. Filbrick, sr., and Jno. Casses.
Tho. Coleman was given a month to file his bond and mortgage his land as security for the children's portion.
Eunice Cole bound to Salisbury court to answer her present- ment.
Mr. Colcord's abusing the court and magistrates was referred to next Salisbury court.
COURT HELD AT SALEM, 21: 8: 1653.
" James Harman of the happie entrance," fined, for taking out of Mr. John Harvy's chest aboard said ship [" Happy Entrance"], 10li., and for stealing a stuff cloak worth 30s., and also for steal- ing from John Bartrum a round turned box of wood worth 2s. 6d., in which were ten pounds sterling in pieces of eight.
COURT HELD AT SALEM, 29: 9: 1653.
Grand jury : Mr. William Browne, Mr. Jon. Thorndike, Jon. Rament, Nathaniell Putman, Rich. Bushup, Jon. Kitchin, Edw. Burcham, Francis Ingalls, Robert Mansfeild, Nicholas Potter, Mr. Moses Maverick, John Sibley, Silvester Evelleth and Edward Spalding.
Jury of trials : Jeffrey Massey, Mr. Roger Conant, Hilliard Vearin, William Dodg, Mr. Walter Price, John Gillow, Georg
314
SALEM QUARTERLY COURT
[Nov.
Taylor, Francis Burrell, Allen Beade, Phillip Staineward and Esdras Reade. William Allen added.
Court chose Elias Stileman clerk.
Capt. Kempo Seibada v. Robert Hull and John Hull, part owners and setters-forth of the " barque Swallow frigott " under the com- mand of Edward Hull, pirate, for damages of his estate in taking out of his house at Block Island by said Edward Hull, goods to the value of 96li. Said defendants had been receivers of part of the booties that Edward Hull took, and said John Hull and Robert Hull were concealers of said Edward Hull's estate. Verdict for defendants. *
*Writ: Capt. Kempo Sebarda v. Robert Hull, Walter Joy and Thomas Gould ; dated 28: 7: 1653, signed by Jonathan Negus for the court. Served by Richard Wayte, constable of Suffolk, by attachment of the bark of Edward Hull. For want of security, Thomas Gold and Walter Joy were committed to prison. Copy of record of Boston court, 25 : 8 : 1653, signed by Increase Now- ell.t
Another writ: Capt. Kempo Sebada v. Robert Hull and John Hull ; dated 17 : 9: 1653, and signed by Jonath. Negust for the court. Served by Richard Wayte, t constable of Suffolk. Robert Hullt and Jno. Hullt gave bond, 17 : 9: 1653, for appearance at Salem court.
Benodick Arnald and Francis Smith deposed that being in dis- pute with Thomas Gould, inhabitant of Newport, " upon Rhode Iland," about bills of exchange that were due from Ensign Bri- ant, William Gibbens and Rich. Lord, and payable to Edward Hull for goods that were bought by them of the French goods that were taken at Rhode Iland, Thomas Gould answered that he knew these bills of exchange were in the hands of Mr. Robt. Hull and John Hull, brother and father of Edward Hull. Sworn 12: 9: 1653, before William Hibbins. t
Certificate of proceedings in this case : Petition to the General Assembly at Portsmouth, Aug. 17, 1653. Ordered that there be a purchased Court of Admiralty in the actions of Capt. Sybaudo v. Edward Hull and Capt. John Underhill v. Edward Hull, on Aug. 29, 1653. Members present, Aug. 29, 1653: Mr. Nicholas Eastone, Mr. Randall Holden, general assistants ; Willi. Lytherland, general recorder ; Rich. Knight, general sergent ; the jurors, Mr. William Jeffryes, foreman, Edward Smith, Marmaduke Ward, Thom. Too- ley, Rich. Card, James Weeden, sr., Willi. Weeden, Robrt Griffin, Nicho. Blatchford, Rich. Bulgar, Laurence Turner and Thomas Durgin. Capt. Sybaudo's declaration, dated Aug. 18, 1653, men- tAutograph.
315
RECORDS AND FILES
1653]
tions articles taken by defendant from plaintiff's vessel, including seventeen hundred and three quarters of bread, some holland, some kettels, etc., valued at 200li. sterling. Richard Knight answered. William Dyre certified that the defendant was ready to abide by order of the court here or to prosecute at the Court of Admiralty in England. Evidence : William Bartlet said that Capt. Sybaudo was to fetch bread for the town of Pequitt, and that divers Eng- lish had goods there and were to go as passengers in the vessel with Sybaudo ; also that there were seventeen hundred of bread, linen cloth, 16 yards of holland at 4s. per yard and 10 yards of pole davis. Mr. Lurabie said that there were several passengers' goods in the vessel and that she was taken about the 18th or 19th of April, etc.
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