USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 1 > Part 39
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*Autograph.
407
RECORDS AND FILES
1655]
Stephen Dumer, sr., of Bishopstoake, county of Southampton, yeoman, appointed, Apr. 18, 1650, his friend, Henry Shorte of Newbury, yeoman, his attorney, to recover from Stephen Kent of Newbury, yeoman, etc. Wit : William Swisley, Hener Sewall, jr., and Will. Norton.
4s. ; an Inkhorne, 6d .; a wooden bottle, 2s .; 3 bookes, 1 at 1s. 6d., 1 at 1s. and 1 at 6d., 3s .; a wheele and Iron spindle, 3s .; 3 glass vialls, 1s. ; a chest and a boxe, 5s .; 3 dozen of buttons of pewter, and a pr. of glasses for the eyes, 1s. 8d .; 2 sieves, 2s .; one small truncke, 2s; 6d. ; about six bushells of Indian corne, 15s .; a forme & ladder & wheelebarrow & other lumber, 6s. ; 2 hens & 8 chickins, 2s. 6d. ; a cow and a calfe, 5li. ; a pound weight of lead & halfe pd. & qter, a brass skimer, an Iron foot, a salt box & a small grid Iron, 6s .; twyne & cotten yarne, 1s. 6d .; a new sarge sute, 2li. 12s .; a sith & snede, a tramell, pothooks & wooden platter, 9s. 8d. His debts : To Mr. Woodman, 2li. 9s. 3d .; Steven Greenleafe, 9s. ; Robert Coker for plowing, 7s .; Thomas Smith, 1li. 6s. 6d .; Will. Bolton, 3s. 2d. ; Will. Richardson for 5 dayes work, 6s .; Goodman Hutchins for the Coffin & a peck of corne, 9s. 8d .; Robert Long, 4s. 6d. ; John Bishop, 7s. 6d. ; John Bartlet, 1s. 2d .; Anth. Som- erby, 2s. 8d. ; Steven Swett for the charges at his funeral, 10s. ; for rates, 1li. 2s. 11d .; Daniell Peirce, 3li. 8s .; John Bishop, 12s. 6d .; Mr. Dumer, 1li. 10s .; Peter Godfry, 1s. 10d .; Nicholas Noyes, 10s .; Mr. Jewet, 2li. 19s .; Steven Swett, 19s. 5d .; Steven Kent, 1s. 2d .; John Davis, 2s. 2d .; Richard Fits and James Ordway, 6s .; total, 18li. 7s.
Robert Long testified that Henry Fay said, two days before he died, when he thought he was going to die, that he would leave the estate in his hands, etc. Sworn in Ipswich court, 25: 7: 1655.
Thomas Noyes* of Sudbury, yeoman, appointed, under seal, his friends, Mr. Nicolas Noyes of Newbery, gent., and Robert Long of Newbery, weaver, his attorneys to let his house and lands in New- bery, sometime the house and land of Henry Fay, etc. Dated Sept. 20, 1656. Wit : Rich. Lowle* and Joseph Mors .*
" Witnesse by theise prsents that Henry fay of Newbury in the County of Essex weauer did in his life time, giue and bequeath vnto his brothers children his whole estate his debts being dis- charged, and that he did desire his freinds Robert Long and James Jackman that they would looke to it for said he I will leave it in your hands vntill they come, this he said oftentimes. witnes Richard fitts Robert Long James Jackman Joane Jackman. The Court Inclynes to ap hend by the testimonyes this to be the will of Henry fay yet suspend the full determination of it till Ipswich court next but leave the estate in there hands & give them power
*Autograph.
408
SALEM QUARTERLY COURT
[Nov.
Deposition of Thomas Hale, sr., that Newbury granted by way of exchange three acres of land to John Pike upon the neck be- hind the great swamp to be laid out by the selectmen and Richard Knight. Sworn, Mar. 26, 1656, before Daniell Denison and Symon Bradstreet.
Sept. 18, 1655, John Pike says that he is informed that some of his neighbors are displeased with the straightness of the passage in the way by his house because his fence takes in some of the path. He now gives liberty to any one to come through his ground if they will hang two gates. Agreed to by Daniel Pierce, John Bishop, John Cheney, John Bartlet and William Ielsly, selectmen of Newbury.
Edward Carlton of Rowley appoints, Aug. 9, 1650, Humphrey Reyner and Joseph Juitt of Rowley his attorneys to sell houses, lands, chattels, etc. Wit : William Cuthboard and Joshua Booth.
COURT HELD AT SALEM, 27 : 9: 1655.
Present : Worshipful Samuell Simons, Mr. Dummer and Mr. Hubert, commissioners, and Danll. Denneson, Maj .- Gen.
Grand jury : Mr. Roger Conant, Jacob Barney, Thomas Put- nam, George Gardner, Joseph Boice, Thomas Rootes and Henry Skerry, all of Salem ; Edward Baker, John Decon and William Longly, all of Lynn ; Mr. Moses Maverick of Marblehead ; William Allen of Manchester ; William Vinson of Gloster; and Austen Kellum of Wenham.
Jury of trials : Ensign Dixie, Jeffry Massey, Mr. Thomas Gardner, sr., Joseph Pope, John Putnam, Nathaniell Felton, Mr. Adam Haukes, Benjamin Felton, Mathias Farnworth, Osmond Dutch of Gloster, Samuell Foster of Wenham, and George Keaser.
in the meane tyme to pay iust debts & to receive what is due to the estate p me Robert Lord cleric."
" The deposition of Richard fits of Newbery the said Deponent Testifieth that Henery fay Said to him that if hee Died a Singll man then his brothers Children shal haue his estatt this he said often
" the mark of Richard fits.
" Taken vpon oth befor me william Titcom commissioner for newbery September 24 1655."
409
RECORDS AND FILES
1655]
Francis Ingalls of Lynn fined for absence from grand jury. He came next day, excused himself on account of difficulty of coming, and fine was remitted.
James Axe and Willm. Croft of Lynn fined for absence from trial jury. They came next day, excused themselves on account of difficulty in coming, and fines were remitted.
Mr. Roger Conant, Peter Paulfry and Nathaniell Pickman v. Mr. Francis Johnson. For detaining a parcel of beaver and otter. " Benjamin Sewall."* §
Henry Jaquess v. Robert Nash. Debt. Withdrawn.t
Garviss Garford v. Roger Haskall, administrator of the estate of Widow Hardy. Land of Widow Hardy to be laid out accord- ing to Mr. Garford's bargain in convenient time. #
Jon. Devorex v. Emanuell Clarke. To know how he had dis- posed of six tons of goods for which he had six pounds " factoredy."
John Devorex v. Samll. Yew. For killing his cow by the falling of a tree in the commons.
Jon. Rodes v. Jon. Barter. Debt.
William Curtis v. John Shaw. Slander. For saying he was a base rogue and thief. Defendant's attorney, Francis Smith, ap- pealed. Francis Smith and Robert Nash, sureties.
Nathaniell Felton fined for absence from trial jury ; fine remitted, as he came soon after he was called.
Elias Stileman, sr. v. Will. Nick. For refusing to give an ac- count of Timothy Bl -- - and for withholding a quantity of fish.
*Writ : Mr. Roger Conant, Peter Palfry and Nathaniel Pick- man, successors of Anthony Dike v. Mr. Francis Johnson. About a parcel of beaver which Mr. Johnson received some twenty years since of Mr. Foxwell, the plaintiffs being in partnership with said Johnson. Dated, 22 : 9 : 1655, and signed by Elias Stileman | for the court. Served by Samuel Archard, | marshal, by attachment of his dwelling house and the house that was Walsengam Chelson's, also the orchard and seven or eight sheep.
tWrit, dated Nov. 13, 1655 ; signed by Anthony Somerby, for the court. Served by John Emery, | constable, by attachment of cattle.
#Writ, dated 19: 9: 1655; signed by Elias Stileman, | for the court. Served by Samuel Archard, jr., | marshal's deputy.
§This name written in the margin.
|| Autograph.
410
SALEM QUARTERLY COURT
[Nov.
Daniell Salmon appointed administrator of estate of Joseph Boovey.
William Longly confirmed clerk of writs at Lynn in place of Edward Burcham.
Francis Ingalls of Lynn freed from training.
Maj. William Hathorne, Mr. Willm. Browne and Mr. Edmond Batter of Salem confirmed and sworn as commissioners to end small causes.
Robert Starkewether allowed witness fees in Mr. Dummer's action.
Willm. Spilsbery of Newbery, being summoned by Mr. Winslow, allowed fees.
COURT HELD AT SALEM, 29: 9 : 1655.
Imperfect will* of George Bridgman presented. Mr. George Corwine was appointed administrator. The said Bridgman left a child.
*" The will of John bridgman is this that his whole estate shal bee delivered into m' curwins hand and when hee hath satisfied him selfe to giu the rest to his daughter." Wit: Joseph Boice, Tomes Averi and Josia Suthick, all of whom signed by marks.
The debts and what is coming to John Bridgman : "Owing to Goodman Scuder and befe, 2s. 3d., for a pound of salt and he hath paid six pigeons and he hath wrought 7 or 8 days for John Neile and too days work for goodman Laws owing to Elias Stileman, 3s., to frances colins hee hath don nine days work of goodman Browne and is to be payd there, owing to Goodman Rumbal, 3s .; Mr. Car- withe oweth him, 4s., owing to farmer porter, 4s., ana poter oweth a bushel and half of indian corn, Josiah Suthick oweth him 6s. 10d."
Inventory of estate of John Bridgman was taken 8: 8: 1655, by Walter Pricet and Phillip Cromwell :t One petticott and wascott, 2li. 5s .; one pr. of brichis and a pr. stokins, 6s .; in woollen and Cotten yaren, 8s. ; a Chest, 10s .; 3 blak hatts and a straw hatt, 18s. ; a looking glas, a hand baskett and a pot with starch, 3s .; a warming pan, 7s. ; one pr. sheets and 3 ould sheets, 1li .; in smale lining, 1li .; a greene ould aprne, a box & a Chest, 10s .; a settle, 5s. ; an ell canvas, 2s .; hops, 8d., 7s. 8d .; a flok bed boulster, 2 pillos, a pr. blankets & 2 Ruggs, 5li .; 5 yds. narrow teek, 12s .; a Curtten and Rod, 5s .; a muskett, sword, bandylers & Rest, 1li. 11s. ; in wooden wares in his seller, 12s .; a bible, a psalme booke,
tAutograph.
411
RECORDS AND FILES
1655]
Will* of Mrs. Rebecca Bacon proved by George Bedle and Henry Trask.
4s. ; a pr. dogs, hangers, shovells & tongs & gridiron, 15s .; a friing pann, 16d .; a pr. bellows, 8s. 2d .; a pr. ould boots, 5s .; in sever- all Iron tooles, 30s .; ould Iron and Iron lumber, 10s .; a smoothing Iron, 20d., 3 pichforks, 3s., 4s. 8d. ; 3 bras kittls, 28s., and a spitt, 12d., 1li. 9s .; 2 skilletts, an Iron pott & kittle, 15s .; ould pewter and 2 pewter dishes, 6s. 8d .; 4 ould Chayers, 4s., erthen wares, 7s., 11s .; trayes, seeves, payles & other wodden lumber, 14s .; rayles and ould knives, 2s., an ould Chest, 12d., 3s .; hemp and hurds, 10s., canvas, 3s., 13s .; Cask and a wheele and a Chest, 7s .; corne in the house, 8s. ; an ould trundle bedsteed, 5s .; 2 sneads, 2s. ; haye and Corne uppon the ground, 4li .; beefe, 45s., garden roots, 5s., 2li. 10s. ; a kow and Calfe, 5li .; one house and 15 acres ground and marsh, 25li .; a yeong best, 2li .; Fowles, 5s .; 1li. of powder, 2s .; 2 swine, 2li .; 3 yeong shoats, 1li. 1s .; severall depts dew to him, 2li. 10s. 7d. ; total, 69li. 7s. 7d. Debtor to Mr. Cur- wen for several Accts., 22li. 10s. 5 1-4d .; remayning, 46li. 17s. 1 3-4d. Debts due Mr. Will. Brown, 1s .; Tho. Cuttller, 2s. 4d. ; Samuell Cuttller, 7s. 6d. ; Mr. Stillman, 1s. 6d .; for Indian corne, 1li. 10s .; total, 2li. 2s. 4d. John Bridgman, creditor by John Neale, 7 dayes work, 14s. ; Goodman Lawes for 2 dayes, 4s .; Good- man Browne, 9 dayes worke, 18s. ; Mr. Carwythy, 4s. ; Ann Potter, 1 bush. 1-2 Indyan, 3s. 9d. ; Josyas Sutheke, 6s. 10d .; total, 2li. 10s. 7d.
*The will of widow Rebekah Bacon of Salem, dated 23 : 1 : 1655, was proved 29 : 9: 1655. She appointed her " sonn Isaac Bacon my sole Aer and Exsequtor of my whole estat paying all my Detts and leguses that I shall giue Joyning with him Robert Buf- fam for to be his asistans That hee may haue noo power to lett or sell any thing with out his Consent untell hee Come to age. Im : I gine unto my Cossen Anne potter and my Cossen Richerd Cherl- craft the 3 Arces of ground at the towne : And the mash ground in the south feeld : And : 2 Cowes : And to Richerd to sheep : And the || second | Coltt that the young mare doth bring for his par- tickqulor benefit And to Cossen anne : and Richerd : the Bead and Bead steed and all the things belongin to it as I Comenly ley upon it exsepting the sheets And I giue unto them : on pare of the best sheets And halfe a dusen of napkins strekt with blue and the table Cloth belongin unto the Round table And to fine touells : on pillobere :
" And : a thurd part of all the bras excepting the great Coper Cettell : And a thurd part of all the puter and widden houshold stuff : And ech of them a siluer spune And the are to haue halfe the profit that the house and land doth produce toward manetaning
412
SALEM QUARTERLY COURT
[Nov.
Mr. Moses Maverick, Mr. Francis Johnson and John Bartoll confirmed to end small causes in Marblehead.
of them untell my sonn Come to age : for my desier is that Richerd shall be at my Cossen Anne disposing And if my sonn shuld dey Befoer hee Come to Age then the whole estat is to Return to my to Cossens exsepting 10" that shall be giuen in sheep for the good of the poer of salam to be disposed by the 7 men a Cording as my desier is that is 5"' to a inan for 7 years And then to pay the 511 Backe to the 7 : men to be giuen to : other poer men for 7 yere moer and so to be giuen from 7 yer to seuen yer to euer
" And if my Cossen Anne dey befoer shee marry then all that I giue hur is to Return to Richard : And if Richard dey that all that I gave him is to Return to Anne if the both shuld dey with out Ishue then all is to return to my sonn : And if it please the lord to take them all a way before the ar marred and with out Ishue that then the whol estat is to Return to the towne to be dissposed of acording to the former 10" exsepting : 5" : a pees that the exse- qutor and ouer serers ar to hane out of it Im : I giue to my man Cornelus all his time freely and ayerling to by him a shutt of Clothes
"I giue to my sister Buffam : my black scarfe And to sister boys my green gown and Red pety cott and to sister sughtwike the black goune and on pety Cote and to sister Auery and hornis each of them a neck hancercho : And all the Rest of my wareing aparell I leane at the dissposing of my Cossen Anne to gine to Abegall what shee shall see fit: my desier is that my Brother Roberd Buffam shuld Com and dwell in the howse if hee see good and in proue the land and estate left my sonn and a lowe for it what hee shall Judg it worth : And my sonn to line with him if hee haue a mind to follo husbandry or els to plase him a prentis to some onist seayman I freely dispose of an acker of land wch Joynes to Captain Trasks meedow, for ye vse of Ann Potter tell such time Isack comes to age I give unto Brother Buffam the first Colt that the maer shall bring I make and ordane my Brother Jouise Boys and Brother Thomas Auery and Brother nathanell feltonn my ouer seers : And giue unto them : 408 a pees : The greatest Deat is 3li to be returnd to old England to my sister Judeth that I desier may be donn with speed I giue to my Cossen Jorg Bedell one of the swords | which my sonn will | and one of Doctor sebes works and on of Docter prestons. Rebekah Bacon .* The mayre being Sould where of goodman buffam should have ye 1 Coult yt came of her I freely dispose of a Steere called lustick at 3 yeares end, In lue of ye Coult." Wit : Henry (his mark) Trask and Geor. Beadle.t
*Autograph and seal.
t Autograph.
413
RECORDS AND FILES
1655]
Samuell Foster of Wenham licensed to draw strong water for the relief of travellers.
Inventory of the estate of Mrs. Rebecca Bacon, taken July 10, 1655, by Thomas Gardner, sr.,* and Joseph (his mark) Boyce, and sworn to by Robt. Buffum :* The house, lands, 50li .; 2 oxen, 13li. ; 4 Cowes, 17li. ; a steere, 5li. 12s. ; 2 yearelings, 4li .; 1 Calfe, 1li. ; 12 ewe sheepe, 20li .; 2 wetheres, 1 ram, 2li. 5s. ; 4 ewe lambes, 1 wether lamb, 4li. ; 5 Swine, 3li. ; 2 1-2 acres of wheat growinge, 4li. ; 5 acres of Indian Corne, 7li. 10s. ; Cart & plow & plow geare, 1li. 10s. ; 2 sawes, 10s. ; 2 Andirons, 4s. ; 2 axes, 1 mattocke, 1 crow, Ss. ; 2 smothinge Irons, 3s .; 3 payre of pothooks, 1 gridiron & a fryinge pan, 5s. ; 4 ould hous, 2 spits, 7s .; 4 plowes, 4 chissels, 1 gouge & 2 hammers, 5s .; 1 hand saw, 2 bitlerings, 1 vice, 1 iron sole, 2 smal wedges, 1 hay knife, 8s .; old Iron, 4s .; an Iron pestle & morter, 7s .; 1 payre of Andirons, 1 payre of tongs & a hake, 5s. ; 1 Iron Pot, 5s .; 2 brasse Pots, 12s .; 4 brasse skillets, 7s .; 1 Copper Ketle, 2li. 10s .; 4 brasse candlesticks, a brasse skim- er, a payre of skales & a pot lid, a litle brasse pan & an old warm- inge Pan, 10s. ; 1 Musket wth a fire locke, 2 swords, a payre of bandeliers, 2 bolts, 1 pocket pistol, 2 pike heads & a halfe pike, 2li. 10s .; 3 fether beds, 6li .; 2 Rugs, 2li .; 3 old blankets, 15s. ; Curtaynes & vallons for 2 beds, 2li. 10s .; 1 flock bed & coveringe, 1li. 5s .; 9 payre of sheetes, 8li .; 8 Pillow beares, 16s .; 4 table clothes, 23 napkins streked wth blue, 6 fine Napkins, 8 fine tow- els, 3 Cubbard Cloathes, 6 course towels & 1 shirt, 4li. 8s .; 4 silke Cushions, 2 made, 2 unmade, 3 old cushions, 4 Carpets, 2li .; 1 duble salt silver, 6 silver spones, 1 wine cup & a dram cup of silver, both, 6li. ; 3 large peuter platters, 3 a size lesse, 3 more a size lesse, 3 more a size lesse, 1li. 16s .; 1 peuter bason, 5s. ; 6 large peuter plates & 6 lesser, 9s .; 19 Peuter saucers & 2 fruite dishes, 11s. 6d. ; 1 old Peuter bason & a great plate, 3s. ; 2 peuter candle- sticks, 4s. ; 1 large peuter salt & a smal one, 2 peuter porringers, 3s. 6d. ; 1 great peuter flagon, 1 lesser, 1 quart, 2 pints & a halfe pinte, 13s. ; 2 old chamber pots & an old porringer, 3s .; 2 great truncks, 1 smal truncke, 1li .; 1 great chest & 4 lesser, 1li. 2s .; A Cabinet, 5s. ; 3 Bibles, a Concordance, Calvins Institutions, Luther upon the Galathians, Mr. Shepards Morality of the Sabath, Nico- las Gibbins Disputations, Joshua Symonds bookes, 2 of Dr. Sibs & 1 of Mr. Preston, Markam & 10 smal bookes, 2li .; 4 framed Chaires, 2 wyned Stooles, 14s. ; 2 high bedsteds & 2 lower ones, 1li. ; 1 longe table, 1 round table & a litle table, 16s .; 1 Cubbord, 2 smal barrels, 2 botles, 2 payles, 10s .; 1 looking glasse, a sun dyal & a case of botles with 5 glasses, a table basket, 5s .; 4 dry caske, 4s. ; her wearinge apparrel, 5li. ; an old sadle & pillyan cloth, 10s .; 121b. of wool & 5 lb. of yarne, 1li. 13s. ; total, 195li. 8s. 6d. *Autograph.
414
IPSWICH QUARTERLY COURT
[Mar.
Joseph Armytage fined for excessive drinking. Wit: Tho. Couldum and Jon. Mansfield.
Mathew Dove fined 10s. for beating his wife.
Job Swinerton, sr., fined for cruel and lascivious beating of Ann, daughter of Mr. Jon. Thorndike.
Ruben Guppie admonished for stealing wood and absenting himself from meeting.
Joseph Harriss admonished for idleness and absenting himself from meeting.
William Ellett admonished for absence from meeting.
Richard Lambert fined for excessive drinking.
Ann, wife of Francis Linsford, fined for being found drunken in the way. Confessed by her husband. Second offence.
Jon. Legg and wife Eliza fined 5li. for selling strong beer. Wit : Ben. Palmetter.
Joseph Jenckes, sr., admonished for absence from meeting.
Nicholass Pinion and wife, presented for absence from meeting, did not appear.
Ruth Dunsmore admonished for absence from meeting.
Thomas Beale fined for absence from meeting.
Richard Lambert fined ten shillings for smoking a pipe of tobac- co openly in the street. Wit : Francis Collins.
John Legg of Marblehead fined for slandering Edmond Batter, in saying that he carried in a false account to Ipswich court.
Henry Cowes and wife Charity fined 40s. for fornication before marriage.
William Rayner of Wenham fined for smoking tobacco in the streets of Salem.
William Lord, jr., fined for a pound breach. William Lord, sr., to pay one half of the fine because he abetted him.
Edward Wharton, presented for idleness, discharged.
Servants of the house to have five shillings for their attendance.
COURT HELD AT IPSWICH, Mar. 25, 1656.
Judges : Mr. Symon Brodstreet, Mr. Samuell Symonds, Maj .- Gen. Denison, Mr. Will. Hubbard and Mr. Rich. Dummer.
Jury of trials : Mr. Jo. Apleton, Tho. Loe, Will. Addams, jr., Will. Fellows, Jacob Perkins, Jo. Trumble, Tho. Teney, Tho.
415
RECORDS AND FILES
1656]
Abbott, Dan. Thurston, Antho. Sumerby, Jo. Bartlet and Jacob Towne.
Henry Archer v. John Caldwell. Debt.
Frances Johnson v. Peetr Palfree. For withholding money due from Rich. Foxwell.
Will. Wyld v. William Evans. For not returning a steer he hired.
Nath. Stow v. Tho. Smith, William Marchent, Richard Shatswell and John Newman. For injury to his corn by cattle .*
Lt. William Hudsont of Boston certified that he sent a parcel of tobacco by Edward Woollen to Newfoundland to dispose of. He chose Mr. Benjamin Guillam and Jno. Huson to end the matter of a dispute about it. Dated, Salem, Jan. 12, 1654. Wit : John Manning.t Also signed by Edward (his mark) Woollen. Award dated Jan. 31, 1655, signed by Jno. Husont and Ben. Gillum.t
Deposition of Nathaniell Pittman and his wife Tabitha, that they heard Mr. Henrye Cowes say that he had bought Mr. Gifford's dun horse and the horse was here at Salem at Mr. Gednyes, etc. Sworn in court, 28 : 4 : 1655, before Elias Stileman, t clerk.
*Henry Kimball deposed that he saw Mr. Smith's steer in Nath- anill Stowse corn and as he went to get him out he leaped over the five-railed fence of Alicksander Knight's. Sworn in court, 26 : 1 : 1656, before Robert Lord.t
Walter Roper testified that being called with Nathaniell Master- son to view some damage that was done in Nathaniel Stow's corn this last summer, he found that twenty-five bushels were destroyed by cattle. At the same time they viewed Henry Kimball's damage. Sworn before Daniel Denison, t Mar. 24, 1655.
Samewell Younglove witnessed that he helped to bring fifty head of cattle out of Henry Kimball's and Nathaniel Stow's corn, four of Richard Shatswell's, three of old Kimbal's, two of Goodman Marchant's, three of Goodwife Coolis, one steer of Mr. Smith's; and, also, he saw one post down and two lengths of rails there. He saw some of the cattle go in there and the tracks of others. Sworn in court, 26 : 1 : 1656, before Robert Lord, t clerk.
William Dello deposed that there were two oxen of Tho. Smith's, two steers of Richard Setchwell's, and two cows of William Marchant's in Nathaniel Stow's corn two days before the general training at Ipswich. Sworn in Ipswich court, 25 : 1 : 1656, before Robert Lord, t cleric.
Robert Lord, jr., deposed that he saw one steer of Thomas Smith's in Nathaniel Stow's corn and two cows of John Newman's, at four several times. Sworn in Ipswich court, 25: 1: 1656.
t Autograph.
416
IPSWICH QUARTERLY COURT
[Mar.
Henry Kemball v. Thomas Smith, William Marchent, Richard Shatswell and John Newman. Damage to his corn by cattle .*
Mordicha Larcum and wife Elizabeth, late widow of William Clarke v. Cornelious Waldo. For making use of a dwelling house built by William Clarke. Withdrawn.
*Robert Smyth deposed that about a week or fortnight before the last general training he was going by the outfence joining to the general field where Henery Kemble's corn was destroyed, and that the fence was down. Sworn in court at Ipswich, 1st mo : 1656.
Alexander Maxsy deposed that the outside fence of his master, Richard Kimball's, was a sufficient fence when the damage was done. Sworn in Ipswich court, 25 : 1 : 1656.
John Gage deposed that his fence was a sufficient one before the damage was done in Henry Kimball's corn. Sworn in Ipswich court, 25 : 1 : 1656.
Jeramiah Jowit testified that the fence of the common field against Henry Kimball's lot or corn field was down in two places before Indian harvest. Sworn in Ipswich court, 25 : 1: 1656.
Walter Roper testified that he viewed the damage in Henry Kimball's corn with Nathaniel Masterson. Sworn before Daniel Denison, t Mar. 24, 1655.
William Parker deposed that he saw cattle of Richard Shatch- well, John Numan, Thomas Smith, Rich. Kemball, Aron Pengrye and William Merchant in Henry Kimball's corn. Sworn in Ipswich court, Mar. 25, 1656.
Mary, wife of Robert Smith, and Mary Parcker testified that Nathaniel Stow said in their house before many folks about some corn he and Henry Kimball had had spoiled, and that the fences were insufficient. Sworn in Ipswich court, 26: 1: 1656.
Danill Gag[e] testified that he saw Richard Kimball's oxen in Henry Kimball's corn and the fence was down.
Robert Smith, Samuel Gage and Daniell Gage testified that the fence was down.
Robert Smith testified that about Indian harvest, he and Good- man Simons' son saw cattle in Henry Kimball's corn, and four of them were Mr. Norton's, others were old Goodman Kimbal's and his son Richard's.
Robert Punill and Goodwife Newman testified that Henry Kim- ball said that he thought his father and his brother Richard would undo him, for their oxen had eaten all his corn.
Joseph Browne testified about the corn. Sworn in Ipswich court, 25 :1:1656.
John Newman testified. Sworn in Ipswich court, 25 : 1: 1656.
t Autograph.
417
RECORDS AND FILES
1656]
Elias Stileman v. Christopher Lattimer. For withholding what he was to pay Mr. Stratton in fish.
Richard Kent v. John Pyke. Withdrawn.
Richard Kent v. John Cheny. For fencing part of the town common, which is a highway.
Francis Ingalls v. Mr. John Beax & Co. Debt .*
Joseph Armitage, attorney to Francis Perry v. Mr. John Beaz. Debt. Withdrawn.
John Frances v. Mr. John Beax & Co. Debt.t
Thomas Wiggen v. Mr. John Beax & Co. Debt. For digging mine at Lin village.
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