USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 1 > Part 3
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[Sept.
[Henry Aldis v. Francs Perry. Debt. Defendant absent, Mr. Browne, his attorney .- Waste Book.]
COURT HIELD AT SALEM, 29 : 7 : 1640.
Present : Colonel Endecott, Jno. Humphrey, Esq., Emanuell Downing, Mr. Tho. Willes, Mr. Wm. Hathorne and Mr. Edw. Holliock.
John Cooke, servant to Mr. Wm. Clark of Salem, to be severely whipped and have a shackle put upon his leg for resisting his mas- ter's authority, for most desperate speeches touching his appearance in court, pointing his hand at his side saying, " You shall see a hole here first," & if he were in hell he should have more company, for theft, etc. Mr. Clark and sister Clark testified that they were in danger of their lives, and fearful of their children in point of lust. [John Pearce, Mr. Batter's man, counselled him not to take correc- tion from his master. Pearce was sent for .- Waste Book.]
Marmeducke Barton, servant to John Horne, for running away and pilfering, to be severely whipped. [He acknowledged that he went into two houses on the Lord's day and took half a cheese and a piece of cake out of Goodman Gouldsmith's and ate it, and also a knife and a little milk. " The other house was neare the great Cove where I took nothing. Mr. Jno. Horne desired the court's mercy and favour in behalfe of his servant."- Waste Book.]
Mary Boutwell (also Boudwell) of Lynn, for not working, and living idly and stealing, "taking away oth's victualls prtending Comunitie of all things," sentenced to be whipped, but through clemency only admonished. [Her brother testified that she threw beans to swine when milk should have been given them .- Waste Book.]
Captain Traske admonished to be more careful about grinding and toll-taking. Richr. Inkersell testified that he had grists weighed before Lawrence Leech, a grandjuryman, before they went to mill, and when they came back they were much short of weight wanting in two grists 7li. each and 5li. in another, besides being badly ground. Others testified. Richard Inkersell to have satis- faction.
Allen Yewe and William Reeves to answer at Boston for mis- demeanors. {Wm. Reeves witnessed that Yew was "something in drink." John Bartoll said that he was drunk and fought .- Waste Book.]
21
RECORDS AND FILES
1640]
Robert Adames to be set by the heels in the stocks for being uncharitable to a poor man in distress, taking his canoe, for charg- ing court with injustice, etc. [Ricr. Roots testified that he and Skudder took Adams' canoe on the Lord's day but did not take it over .- Waste Book.]
Jno. More, Joseph Garlick and ---- Barton for slandering John Hardy, etc., continued.
Willia Bowdish summoned as a witness by John Stone, having lost a good part of two days, to have five shillings.
John White to be paid for bacon, cheese and suet stolen from him by James Smith, jr. Warrant delivered to Jno. Woodbury.
Jury : Lt. Davenport, foreman, John Alderman, Robt. Molton, John Woodbury, Peter Palfrey, Henry Bartholomewe, Tho. Lay- thorpe, Tho. Smith, Boniface Burton, Joseph Floyd, Francs Ligh- foote (also Lightfoote) and Henry Collins, the last four being of Lynn.
Civil cases :-
Jacob Barney v. Richard Inkersell. Feeding cattle in his marsh. Verdict : Two loads of hay at water side as convenient as his own was.
John Bradshawe v. " ye wo'p' Tho : Willes." Debt. Verdict for plaintiff, his wages according to agreement.
John Checkley v. Josias Standborow. Plaintiff promises to act as attorney for Mrs. Fitner (also Fitney) in later suits. [Mrs. Fitner's book showed Standborow debtor to her in 5li. 7s. 2d. Mr. Corwin, Tho. Silsbee and Tho. James deposed that Mr. Stan- borow acknowledged the debt .- Waste Book.]
Thomas Ruck, Willia Brown, Benjamin Felton and Thomas Dixie v. Henry Skerry, Thomas Olliver and others for not making a fence on Darbie fort side. Mr. Humphreys promised to find posts and rails and begin to place them this winter. [Robt. Good- ell, Edw. Ingeram, Tho. Dixie and Peter Palfrey deposed as to number of bushels spoiled. Cp. Traske deposed that when he laid out ground of Mr. Humphreys he promised to fence betwixt, but cannot say it was a condition in the grant. Peter Palfrey and Jno. Woodbury deposed that they were to fence .- Waste Book.]
Mr. Humphrey's sureties were Henry Stephens and Wm. Williams.
Michaell Spencer v. John Pickering. Defamation.
Robt. Isbell v. Ens. Tho. Reade. Mr. Gardener to be paid 3s.
22
SALEM QUARTERLY COURT
[Sept.
by plaintiff for waiting at court. [Wm. Made deposed that Mr. Read promised in the winter time to procure 18 or 20li. within a fortnight or three weeks after Jan. 15, in payment for the fence about the neck of land on the north side .- Waste Book. ]
Josua Verrin v. Richard Inkersell. Defendant to maintain his share of the fence for one acre of ground. [Geo. Inkersell de- posed that he heard Hilliard Verrin read that Goodman Giles was to make the fence betwixt his father and Goodman Giles and the fence at the end of the half acre and the general fence of the two acres on the outside. Edw. Giles deposed that there was no agreement between himself and Richd. Ingersell that he was to make and maintain any more than his proportion in the general fence belonging to one acre .- Waste Book.]
Timothy Tomlins v. John Pickering. Defamation. Defendant is fined and " in some publik meeting att Lynn before next Court * shall publiklie acknowledg the wronge done ye sd Tomlins," etc. [Wm. Knight and wife testified that Tomlins was very affec- tionate, etc .- Waste Book.]
John Bartall v. Allen Yew (also Yewe). Plaintiff said defen- dant was drunk and fought. Attachment of defendant's boat or dered, in custody of Jno. Goit.
Robt. Adams v. John Skudder. Trespass.
Francs Lause v. Robt. Isbell and Willia Wake. "bro: Tho. Smith" said that Lynn men received 2s. 6d. each or were to have it made up by men of their town. 9s. were laid on the table and Tho. Laythrop took up 5s. and Mr. Bartho[lomew] 3s.
Tho. Ruck v. John Abbie. Trespass.
George Norton v. Rich. Hollinworth.
Wm. Browne v. Rich. Hollinworth.
[Tho. Odingsalls v. Jno. Webster .- Waste Book.]
John Stone v. Jno. Thorndike. Defamation.
Wm. Clarke v. Ens. Tho. Reade.
Jno. Thorndik v. John Stone.
Wm. Vinsent v. Jno. Holgrave.
Tho. Olliver v. Jno. Pride. Debt.
Robt. Tike v. Samuell Archer. Defamation. Two cases.
Elin Codd v. Wm. Pester. Debt.
Sam. Archer v. Robt. Tike.
Jno. Sibley v. James Smith, jr. Trespass.
William Lord for Thomas Burwood and Christopher Berry, who
23
RECORDS AND FILES
1640]
" went for Ould England," moves and court orders that John Woodbury and Peter Palfrey measure one-half acre of land at Thomas Olliver's new house.
" The Court sent a warrant to m' Stephens."
A committee to be chosen to consider about a field to be enclosed " about m" Peters, etc."
COURT HELD AT SALEM, 29: 10: 1640.
Present : Colonel Endecott, Jno. Humphreys, Esq., Emanuell Downing, Esq., Mr. Willia Hathorne and Mr. Edw. Holliocke.
George Inkersell fined 10s. for making a mistake in a deposi- tion.
Joseph Garlick slandered John Hardy by saying that he heard Benjamin Hammon, Hardy's servant, say that he heard Hardy swear and curse and beat his man. [John More deposed that Hammon said " if you see my mr you litle think wt is in him for he is a very hasti man." Joseph Garlik deposed " when I came to him for mony yt he owed ine Ben : Answrd he would pay when he had it & said it was wors with him now yn when he lived wth Lieft. howe for now he works night & day." The Court found Hammon "a yong rash, unsetled & indiscreet yong man ready to run into divers enormities if Lett free."- Waste Book.] Garlick was discharged and Hammon was sentenced to serve Hardy twelve months longer.
Nicholas Pacie and wife Katherin made confession in writing about a marriage contract .*
John Cook recognizes to appear in court.
Mr. Fog is ordered to attach for fines, and after one month's time sell the goods.
Joseph Hermitage fined 5s. for absence as juror.
Jury : Lieft. Davenport, foreman, Jacob Barney, Jefferey Massy,
*Nicholas Pacy confessed that he knew of his wife's promise to marry Marke Vermass of Salem when he married her. "I do hereby desire that this my hearty acknowledgment may be accept- ed of all men and that it may be a warning to all whom it may concerne, not to deale rashly in matters of such weight to the griving of the harts not only of my wife and the party abovesayd, whom I have wronged, but also to other godly christians." His wife Katharn confessed that she had been troubled in her conscience about it since her marriage, and had sinned in denying conjugal respects unto her husband because of her scruples.
·
24
SALEM QUARTERLY COURT
[Mar.
Henry Bartholomew, Lawrence Leech, Edm. Batter, Tho. Gard- ener, John Alderman, Peter Palfrey, Nicho. Browne, Richrd. Walker and George Keasar, the last three being of Lynn. [Mr. Garford was constable for the jury .- Waste Book.]
Civil cases :-
Thomas Olliver v. Charls Turner .. Verdict for plaintiff, due for one quarter's rent of house 7s. 6d. and 4s. for the cellar.
" The worp' Jnº Humphreys " v. John Holgrave. Verdict for defendant and the remainder of the salt is for Mr. Humphreys. [Marmaduke Barton, Lydia Gouge and Mrs. Holgrave cxamined about salt .- Waste Book.]
Review of cases of Josua Verrin, Richard Inkersell and Edw. Giles.
Walter Knight v. Ricr. Cook. Debt.
William Bowdish v. John Norman. About defendant serving a warrant at Jeffrey's Creek.
Daniel Fairefield v. Zacheus Gould. Trespass.
John Bartall v. Jno. Legg and Tho. Sams. Debt. Referred to Mr. Fowle.
[Lanclet West testified in the matter of hogs in the corn, that he took out 18 or 19, and "we had the key of the hous a little after harvest," and there were barrels and nets and other things under the cabbages. Also, Henry Stephens, Jno. Flute and Wm. Willia testified that they met " Daniell " with a bushel of turnips, 1-2 peck parsnips, and about 100 cabbages, that "1-2 of the body of last load of Cabidges we fetched, & did not see any rooting in the Garden by swine & that few of them were whole but most of them broken & Cutt." John Hodshen said he had seen " Daniell " many times put turnips to his own use.
Wm. Woodbury v. Wm. Jygls .- Waste Book.]
COURT HELD AT SALEM, 30 : 1: 1641.
Present : Collonell Endecott, Jno. Humphreys, Esq., Mr. Em. Downing, Mr. Wm. Hathorn, Mr. Edw. Holliock and Mr. Tho. Willes.
James Smith, jr., for stealing two fishing lines, to return twice as many lines and pay 20s. for loss of owner's time.
" Thomas South is in regard of his adge etc. exempted fro Trayning paying 58 p Ann to this Court and freed fro his former fine."
25
RECORDS AND FILES
1641]
Ricr. Fowler fined for reproachful speeches concerning church discipline, on complaint of Obediah Holmes. Fined 40s.
Ruben Guppi to be severely whipped " for running away to the Estward fro his wyfe great wth Childe; for stealing & Blasfemie Lying & swearing etc.," ou complaint of Wm. Vincent. [Robt. Pease complained that Guppi had stolen his axe. " Or Collonell " finds him to be a thief not only in stealing wood axes but Sargeant Dixie and others had seen a hen in Guppi's breeches. Samuell Fuller and Robt. Fuller testified that they went to Guppi's house, and Guppi said that he did not go to meeting and that the par- ings of his nails and a chip were as acceptable to God as the day of thanksgiving. He also swore .- Waste Book.]
Wm. Poole having stolen stockings from Tho. Rood and taken away a canoe of Mr. Emerey's, is ordered to return the stockings and be whipped for lying.
Wilia Bowdish fined 10s. for misinforming the court and causing Jno. Stone to be unjustly fined.
Georg Williams' apprentice boy, Mathew Jellet, to serve him two years longer ; but as Francis Perry deposed that the apprenticeship was only for seven years and to end in March, the court " freed the youth," who agreed to serve his master six months longer, which the court agreed to.
Hugh Browne's wife, for breaking his head and threatening that she would kill him, so that he is even weary of his life, throwing stones at him, causing his face to bleed, calling him beast, and wishing him hanged and that he might never come home, to be se- verely whipped. She also annoyed the neighbors. [Wit: Goody Harwood and Goody Nixon, who saw them scuffling together .- Waste Book.]
William Wake " was so vaine as to defame mr Pestor on so sleight grounds."
[Goodman Auger is ordered to call a general town meeting the second day of the week to see about a free school .- Waste Book.]
Accounts of widow Baker and Nathaneell Pittman, and deposi- tions relating to them, examined.
Mr. Freind's damage in his corn through defect of men's fences. All who neglect to repair fences on south side of the South field to pay Friend 30s. and make repairs both on the part next to town and meeting house and on south side, to prevent damage on one end as well as the other.
26
SALEM QUARTERLY COURT
[June
Jury : Henry Bartholomew, foreman, John Woodbury, Thomas Lothrop, John Gedney, Peter Palfrey, Elias Stilman, William Knight, Nicholas Potter, Thomas Towenshend, John Rainsdall, Thomas Parker and Jenkin Davis.
Civil cases :-
John Bartall v. John Legg and Tho. Sams, which was referred to Mr. Fouls. Mr. Downing promised to see the matter ended.
Ricr. Hollinworth v. Edmund Woodley.
William Pester v. Ann Pigdon and Willa Wake. Defamation. [Wit : Goody James, Wm. James, Mrs. Goose, Charls Turner and Robt. Henfield .- Waste Book.]
Mathew Williams v. Susan Greene, widow. Jno. Woodbury to end the business.
William Fisk v. Mathew Waler. Fisk to have 20s. for the house he hired and to finish the house within fourteen days or be liable for damages and " breking of the axes to answer Wm fisks seruant Loss of tyme goeing so farr further to work y" he needed to have done." [Francs Nuree deposed that the axe was whole before, but after was " brok so as he might Lay his finger in it."-Waste Book.]
Joseph Harrington, servant to Cp. Keane v. Thomas Keysar of Lynn. Debt.
Georg Williams v. Jno. Pickworth. [Jno. Horne testified as to agreement between the parties that Pickworth should not meddle with any more of those trees .- Waste Book.]
[Francs Perry v. Jno. Stone.
Robt. Nash v. Walter Knight. Debt.
Wm. Pester v. John Stone. Debt.
Wm. Pester v. Xptor Lynsey. Debt.
The Worpl. Emanuell Downing and Edmund Batter v. Wm. Langley of Lynn. Trespass.
Dierman Mathew v. Nathaneell Tayler. Slander.
Ricr. Graves testified that a certain bill was made a little before he was married .- Waste Book.]
COURT HELD AT SALEM, 29: 4: 1641.
Present : Jno. Endecott, Dep. Gov., Mr. Jno. Humphreys, Esq., and our Serg .- Maj .- Gen., Mr. Emanuell Downing, Mr. Wil. Hath- orne, Mr. Edw. Hollioeke and Mr. Tho. Willes.
Thomas Gardener fined 2s. 6d. for absence from jury of trials.
27
RECORDS AND FILES
1641]
Joseph Armetage's fine partly remitted for absence from jury.
Mr. Walter Price brought in an invoice of clothing that was left by his servant John Watkins, who died within six or seven weeks after landing. Mr. Price was ordered to keep the goods as he had been at charge for Watkins' passage, and had no service of him of value. [Price brought Watkins with him from England and had paid 5li. for his passage. His clothing was appraised at 5li. 4s. 10d. by James Cary and Abell Kelly, as follows : Piece of leather, 6s. 8d .; pair of gloves, 6d. ; an old suit, 8s .; a suit of clothes, 1li. 5s .; 2 pair drawers, 4s .; 6 pair stockings, 7s. 6d .; 2 cots, 1li. 2s .; 3 pair new shoes and 2 old, 12s. 4d. ; 1-2li. thread and a little hemp, 2s .; 3 shirts, 10s. and 3 ragged ones, 2s. 6d., 12s. 6d., a chest and a few nails, 2s. 6d .; an old hat, 10d .; 3 old bands ; total, 5li. 4s. 10d .- Waste Book.]
William Knight, constable of Lynn, complained against consta- bles of Lynn for not accounting. Court answers that they cannot until they have chosen "Townesmen."
John Cook (on Mr. Clark's good report) discharged of his recog- nizance.
Ordered that the creek leading up to Clay brook against Mr. Stil- man's lot be mended against great cattle ; all damage being paid by owners of common fence there.
John Kettle, a boy, apprenticed to Jno. Lovett of Mackerell cove to be severely whipped, and to serve his master 40s. longer to pay fine (which Lovett is to pay) " for breking open Jnº Wards house & stealing milk (though he had eat milk that same morneing) " and " his willfull breach of ye saboth."
A boy [Willia ] Elliott, servant to Hugh Laskin, witness against Tho : Chubb, etc., for perjury.
[Mr. Gervas Garford, constable for Salem.
Peter Pettford of Marblehead, 30: 4: 1641, deposed that he killed a sow for Mr. Keans (also Kayne) which had a black spot under one of its eyes before it was killed, showed it to Mr. Keans' servant, Henry Chapman, after he had killed it. It belonged to goody Sherman (or Sheerman). Another servant was gone to Con- necticut. He scraped the spot off after the sow was killed, and acknowledged goodman Jeggles oath to be true. He killed another for goody Chaffy which had a spot in the skin ; and another for himself. Mr. Kayne would have his killed at midnight.
Cp. Trask ordered to make a way or passage for a shallop by his
28
SALEM QUARTERLY COURT
[June
mill according to the true intent of his grant or else pay all damages. " I myself gave him notice of this imediately goeing thith' myself."
Mr. Batter, Jacob Barney and Jeffry Massy to determine all mat- ters about fence on Darby fort side .- Waste Book.]
Jury : Lt. Davenport, foreman, Robert Moulton, John Wood- berie, Henry Gaines, Godfrey Armetage, John Alderman, Jeffry Massy, Georg Tayler, Wm. Thorne, James Hubbard, Henry Barthol- omew and James Standish.
Civil cases :--
Mr. Thos. Ruck, Thos. Dixie, John Robinson and Miles Ward v. the worpl. Jno. Humphreys, Serg .- Maj .- Gen., Thoms. Olliver, John Marston and others. For not making a fence on Darbie fort side. [Peter Palfrey testified as to rye of Jno. Robinson .- Waste Book.]
Thomas Keysar v. Joseph Armetage of Lynn. Due from the pinnace upon Moses account.
Robt. Adams v. George Haries. [Tho. Chub's wife said that de- fendant was not at home when the canoe was taken, and the kellek* was broken when he had the canoe, and the little boy said (the rest is stenographic) .- Waste Book.]
George Story v. Peter Pettford of Marblehead. Defamation. Defendant to give public satisfaction.
John Luff v. Willia Bennett and Georg Roaps. [- Bulfinch spoke to Jno. Luff about defective fence, told him he did not do it well and that it must be done better, and " we found some palliza- does loose & some rotten." Sa. Colborne said that he was asked to mend it and was not willing, but being persuaded he got "withs" and poles. Tho. Chubb testified. Elizabeth Elwood said that after Luff had mended the fence defects were found, and they had Sa. Colborne mend it .- Waste Book.]
Nathaneell Pitman v. Osman Dutch. [Wm. Cotten deposed that Dutch bought a raft upon condition that it would " swim," and he sent on to cut another raft. Thomas Ashley deposed he was there and could not do anything with the raft. Robt. Duch said they " had all the Roadt out & hauled up the Grapnert & it would not budg," and in the morning went and took away what they could. Ricr. Stakhurst deposed that Dutch was to pay the price of 100 fish or 10s. and he was to order the raft made .- Waste Book. ]
*Killock-a small anchor or weight for mooring a boat, sometimes con- sisting of a stone secured by pieces of wood.
tRode-a rope attached to a boat-anchor.
#Grapnell or anchor.
29
RECORDS AND FILES
1641]
Richrd Inkersell v. Josua Verrin. Referred to Lieft. Daven- port, Mr. Henry Bartholomew and John Woodbury to determine by six o'clock to-morrow.
William Harper v. Thomas Dexter, sr. Mr. Wells testified. De- fendant is "to gett the sack and such things as was in it agenc to ye pl :"
Same v. Same. Judgment for plaintiff for his servant eleven months, and for his men's sickness, physic and attendance.
Same v. Same. For men's board when they did not work.
William Witter v. Christopher Linsey. Execution to Mr. Pester for him.
John Webster v. William Barber. Walter Knight and Thomas Chubb deposed that the warrant was served on Barber by Tho. Robins.
[Thomas Weeks and Jno. Gidney v. Wm. Pester. Debt.
Thomas Smith v. Xptor Foster and Daniell King. Debt.
Isbell Babson v. Jno. White. Samuell Colborne testified.
Gervas Garford v. Richard Lambert. Defamation. Defendant acknowledged his fault.
Michaell Sallows v. Jeffry Easty. Debt .- Waste Book.]
COURT HELD AT SALEM, 25 : 11 : 1641 .*
Present : Mr. John Endecott, Dep. Gov., Mr. Richr. Saltonstall, Esq., Mr. Symon Bradstreet, Mr. Emanuell Downing, Esq., Mr. William Hathorne and Mr. Edward Holliocke.
William Bowdish quit of his fine.
William Edwards fined 20s. " for untrue & falce dealing about Bees."
Raph Woorey v. Samuell Hay.
" George The Indean broth" of Georg Sagamore sent to Boston goale."
t [Civil cases :-
Willia Pester v. Jno. Webster. Debt. Lt. Davenport, Mr. Henry Bartholomew and Jno. Webster to view Mr. Pester's book.
*On the last leaf of the first book is a copy of the oath of a freeman and the following memoranda :- November '62, Mr. Croad, Mr. Corwin, Mr. Browne, Mr. Price, Mr. Woodcock, Mr. Gardner, senr., John Hathorne, Arther Sands, Mr. Gedney. June Court '62, Mr. Henry Bartholomew, Mr. Duncan, Mr. Gidney for strong water, Tho. Marshall, Mr. Riddan, William Edmonds, Mr. Johnson, Richd. Waters, Benjamin Parmiter.
tThe records for the next five years are abstracted from the " Waste Book," the original records for these years not having been preserved.
30
SALEM QUARTERLY COURT
[Jan.
Wm. Pester and Charles Turner v. John Webster and wife Defamation. Wit: Mrs. Pester, Richard Lambert, James Joans, Luce Gage, Ann Pigdon and Tho. Robbins.
Goody Webster testified to accusation concerning Mr. Joseph King, Tho. Tuck, Thomas Oddinsall and Charls Turner, and they all went away but Mr. King. Mr. Pester said it was true that none were left but Go [odman ] Webster's son, etc. Mr. Pester came a second time and said he must be gone and left none but the man, and " my son" at school. Mr. Pester came in as an indicted man, etc. Daniell Oules deposed that Mr. Pester said to Mr. King that he would help him to a wench to cure his melancholy, and that Charls Turner said he would warrant his master could do it if he said it. Mr. Pester said he never owed Mr. King. Mr. Hathorne deposed concerning " the pflugancy of this m' King in wronging his brother." Walter Knight deposed how G[oo]dy Webster com- plained and he persuaded her to let it alone. Tho. Oddinsall deposed : "I went to m' websters to enquire for Tho. Tuck, & there sawe m' King sitt in the house neere mrs webster, none elce being in the house, & m' King wished me to stay to drink of some wine & while I stayed prsentlie comes on m' Burcher into yt house. mr Pesto' sd yt mrs webster earnestlie desired to goe to England wth m' King."
William Pester v. John Holgrave. Debt.
William Pester v. Wm. Prichard. Debt.
Joseph Robinson v. Charls Glover, Georg Wathen and Richard Graves. Trespass.
William Vincen v. Samuel Gatchell of Marblehead. Debt. Georg Keysar deposed.
Willia Pester and Charls Turner v. Daniell Owles. Defama- tion.
Mr. Batter, Jacob Barney and Jeffrey Massey are to determine all matters about fence on Darby fort side.
Elias Stilman, sr. v. John Pease.
John Blakleech v. Tho. Venner.
John Podger of Dorchester v. John Bartall.
John Stacy v. Richard More. For killing his swine.
Robt. Leomon v. Jno. Stacy. Trespass. For his mother, widow More.
Ruben Guppy v. Mr. Scott. Goods at Mr. Scott's stage.
Will. Alford v. Cp. Wm. Trask.
31
RECORDS AND FILES
1641]
William Luckin of Marblehead v. Wm. Keine.
Wm. Keine v. Jno. Devoreux, in case of the stage. Referred to Mr. Moses Maverick and Mr. Nicho. Shepley.
William Kiene of Marblehead v. John Devorix. "ye makerel to be divided between Jnº Devorix & Edw. Clark et Keine."
William Kiene v. Abram Whitheire. Slander. Wit: Mr. Moses Moses, Ricr. King and Geo. Vicar.
Tho. Venner v. Jno. Gent. Slander. Also fined for perjury.
Thomas Dexter, jr. v. Wm. Dexter, Carp[enter]. Defendant to be servant to plaintiff and Mr. Welles.
Wm. Goult v. Ricr. Lambert. Defamation.
Thomas Dextor, jr. v. Wm. Welles, gent. For detaining from him the abovesaid Wm. Dexter.
Ann Fuller v. Thomas Goldsmith. Debt.
John Webster v. Wm. Pester and Charls Turner. Defamation.
Edward Payne v. Richard Hollinworth. Defamation. Defen- dant confessed to pushing and provoking plaintiff. Charls Glover, deputy to Mr. Edw. Payne, deposed that Hollinworth said that Payne made more " pittering" than he needed to, that Mr. Payne took up a mallet "to beat of the knee," and that defendant came with his " ads on his arme and put it up to the knee," upon which defendant called a witness that Mr. Payne struck him with the stick. Payne struck defendant in the face with his hand, called him knave, and said, "if thou beest a man come forth of the shipp & shew thy self like a man, for I had rather thou should cutt my flesh then give me such words." John Parker deposed.
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