USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 11
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Copy of deposition of Wm. Davis, who testified that he received of John Giffard from the Iron works at Lynn iron which was brought to Boston by Joseph Armitage, 30 : 5: 1653. Sworn, 18 : 8: 1653, before Jno. Leverett, commissioner.
Capt. Richard Walker* testified, 23 : 11 : 1653, that the tumbrill that his man carted mine in for Mr. Leader would not be accepted by Mr. Gafford, and the latter had a larger one made.
Copy of deposition of Henry Tucker and Richard Greene, who were sworn, 27 : 8: 1653, and testified that they could not get their account from Gifford.
Lt. Thomas Marshall, aged about thirty-nine years, deposed that Gifford complained that the cart was too small that had been used in Mr. Leader's and Mr. Osborne's time, and deponent was
*Autograph.
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forced to get a larger one. Sworn, 23 of this mo., before Richard Walker .*
Serg. Jno. Smith, aged about thirty years, testified that when Mr. Giffard came to the works deponent was using the tumbrel that Capt. Walker had formerly carried 100 tons of mine in, but Gifford complained that it was too small, etc. Sworn before Richard Wal- ker .*
Copy of deposition of William Russell, aged about thirty-six years, who testified that when he went forth gunner of the ship called Brocke, but afterward called Providence, of which Mr. Wil- liam Cooke was master, bound for Barbadoes, he heard Mr. Cooke say that Mr. Gifford was one of her chief owners, and that 100 tons of iron, about seventy small pots and great kettles or marmeletts were shipped on board by him, and about 11 hogsheads of mackerel marked I. G.
Copy of deposition of Richard Walker, aged about forty-one years, who testified that he sold to Mr. John Giffard sheep, and re- ceived payment in beef ; he also received by Mr. Giffard's order a bill which George Burden had, etc. Sworn, 27: 8: 1653, before Increase Nowell.
Copy of deposition of Qunten Pray, aged about sixty-one years, who testified that he heard Jno. Giffard caution the colliers and others to always bring in full measure and that said Gifford was just and honest in all transactions with the workmen. Sworn, June 10, 1656, before Natha. Duncan,* commissioner, who certified to the copy. Robert Howard,* notary public, certified that Mr. Natha. Duncan was a regular commissioner appointed by the Gen- eral Court, etc.
Copy of deposition of Benjamine Gillam, aged about forty-five years, who testified that Mr. Giffard obliged himself to pay Major Gibbons or his assignee, iron in part payment of 45li. for the ship Brock ; that Mr. Cooke declared that Mr. Giffard had paid more than a fourth part, etc., and Cooke, who was the master, had given eight guns for Giffard's security, at 25s. p C. Mr. Cooke declared that the ship laid in a cargo of 700li. when she sailed from here. Sworn, 27 : 8: 1653.
Copy of deposition of Joseph Boovy, aged about twenty-seven years, who testified that he carried coals a whole summer from Goodman Tucker, etc. Sworn, 24: 11: 1653, before Nathaniell Duncan.
Copy of deposition of John Toysh, aged about twenty-four years, who testified that he carried coals, etc. Sworn, 24: 11: 1653, before Nathaniell Duncan.
Copy of deposition of John Clarke, aged about twenty-eight years. Sworn, 24: 11 : 1653.
Copy of deposition of James Danielson and George Thompson,
*Autograph.
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aged about twenty years, who testified that they were colliers in Will. Tingle's work, and sent in their coal carts full, and that Gifford often went into the wood to tell them to bring in full measure.
Copy of deposition of Thomas Looke, collier, aged about thirty- one years, who testified that he was aco llier and sent in his coal carts full, etc.
Copy of deposition of Richd. Greene, aged about thirty-four years, who testified that he worked as a collier there, etc.
Robert Howard,* notary public, certified that Edward Rawson, who made the above copies, was secretary, etc.
Jno. Blaino, aged about twenty-two years, deposed that by ap- pointment of Mr. Jno. Giffard he went to Boston the 10th of this month, June, having a letter from said Giffard to Mr. Henery Webb, about the boats and iron. Webb finally promised to give him 5li. and said that he would not pay Goodman Williams, the glover, until he had received sufficient iron. Deponent further testified that Webb said that if he chose he could order bar iron to be slit and sent to Mr. Foote, and the latter should pay for it, to which deponent replied " S" if yow please I will goe and speak to mr foot about it." Mr. Webb replied " Prithy Jnº Goe." Foote said that he had paid for all he had received. Webb refused to trouble himself about the rod iron for he declared Foot would " turne him off with Tobacco and such kind of trash, and he would not be made such a fool." Sworn, 13: 4: 1653, before Rob. Bridges .*
Copy of deposition of Theophilus Bayly, aged about thirty-one years, who testified that he went in the company's boat, and did by Mr. Gifford's order carry in his boat from the iron works, one year since, four tons of bar iron and delivered it aboard a ship at Pascattoway, and brought back one butt and one hogshead of wine. Deponent thought the iron was on Mr. Pateshall's account; and the last winter he also delivered iron into Mr. Cook's ship, for Mr. John Jarvis, and ordered to be delivered to another ship, but that ship being loaded with pipestaves, it could not be taken on. He also delivered several dozen of small wares to Mr. Cook's ship. Ten weeks since, he also delivered aboard the bark of William Stranguish, eleven dozen skillets ; Giffard urged him to take forty pounds worth, saying that they were as good a commodity as his tobacco, but Stranguish refused. Deponent then delivered nineteen dozen and four skillets at Mrs. Hanborough's house, eleven ton of iron to Mr. John Harwood of Boston, for which he received money, woolen and linen cloth and shoes, the cloth and shoes being taken to Mr. Gifford's house in the company's boat. A year before he carried a freight of pots to Mr. William Browne of Salem and Thomas Graves took a freight of iron to the same, but as soon as it was delivered they had orders to take it to Boston, the cost
*Autograph.
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of the whole being 90li. They afterwards delivered 14 tons of bar iron from the works to Mr. Foote on Mr. Houchins account, it being the iron that Samuell Bennet had order to receive for Mr. Houchins and when they had delivered 20 tons, John Blaino, Mr. Giffard's man, demanded a receipt from deponent, if said Bennet did not come to give it, and he gave it. Gifford sent John Blaino to Bos- ton to take two tons out, which was done, and it was disposed of to Mr. Harwood. Sworn, 26: 8: 1653.
Copy of deposition of Mr. William Emery, aged about twenty- eight years, having been sent as a servant by the Company to New England, and having been in their employment at the Iron works about two years and six weeks, who testified that iron was delivered to Mr. John Jarvis, being sent by boat to Boston ; that old Tingle, a collier, hired of Mr. Giffard four Scotchmen for three years, for whom Tingle was to provide meat, drink and clothing and the lat- ter was to allow the Company six pence out of every load of coal that said Tingle made, and that their time would not expire until May 10, next; that Thomas Look, Thomas Wiggens and Richard Hood had each of them a Scot for three years, agreeing to give them food and clothing and allow the Company bli. per year ; that Mr. Giffard hired Wiggen's man and gave him 5s. per week, that Samuell Bennet had one Scot, for whom he was to give 5li. the first year, and 8li. for the next year, whose time expired about Christmas next; that four Scotchmen were employed wheeling and floating the collier's work, their pay being deducted from the col- lier's account, and another Scot was let to Richard Smith, collier, for which Mr. Giffard bargained with him to give 14s. 6d. p week from Mar. 16, until Sept. 16, 1653; that for the rest of the Scots at the house, about thirteen men, they had not earned more than 10li. for ten or eleven weeks for lack of looking after ; that James Adames, one of the Scotchmen had gone with Mr. Giffard's team ever since he had it of Thomas Wheeler, likewise the team called Daniel Salmon's. Mr. Giffard kept one Scotchman called John Steward and also John Adams, both in his house for his own ser- vice, until lately put forth to a smith. The farm work was done by the Scotchmen and Daniell Salmon, and deponent saw two men hilling Indian corn in the orchard that year; the Scotchmen kept Gifford's and the people's cattle, fifty or sixty head, two summers, for which they were to pay 5s. p cow to the keeper. Divers men were boarded at the Scotchmen's house on the Company's pro- visions, namely, William Tingle's four men from Apr. 1, 1652 to Nov. 1, 1652; Samuell Bennett's two men, eighteen weeks ; John Gorum, about five months ; Francis Perry's boy, while keeping Mr. Giffard's goats, ten weeks ; John Gorum about six weeks, in 1653; Richard Post, two weeks, in 1653; old Stich, the collier, three months, in 1653; John Adams, two weeks, and Jabish Hacket, ten weeks. When barrels of beef were sent to Hammersmith in 1651, to Mr. Gifford's, that they were opened at his house and lacked
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Tho. Newell made free.
Tho. Newell and Richard Rooden sworn constables for Lynn.
Joseph Myles v. Mordicha Creford. Slander. For his wife, Edith Creford, saying that the plaintiff was a base rascal and a thievish rogue .*
Modicha Creford v. Joseph Myles. Defamation. For saying that the plaintiff had stolen his wood.t
Lt. Thomas Marshall allowed to marry and take testimony in civil cases in Lynn.
Mr. William Browne v. Oliver Purchase. Debt. For detaining thirty-eight bushels of malt delivered by his agent, Joseph Jencks, sr., to defendant .;
eighteen or twenty pieces in a barrel when they came to the Scot's house ; that deponent delivered to Mr. Samuell Bennett four hun- dred mackerel from the Scot's provisions sent by Mr. Giffard ; that Mr. Awbrey and others having sent thousands of biscuit to the iron works, which were placed in the storehouse or Mr. Giffard's house, said Giffard disposed of a considerable part to his family and to other workmen and charged the whole to the Scot's ac- count. Deponent further testified that of the soap, which was sent to Mr. Giffard for the Scot's use, only about a firkin and a half had been used by the Scots, when deponent left, eighteen weeks before, but 13li. was delivered to Samuell Bennitt by Giffard's order. Sworn, 27 : 8 : 1653, before Increase Nowell.
Copy of deposition of Henry Stich, aged about one hundred and two years, who testified that he was employed by Mr. John Giffard, agent, in the mystery of coaling, etc. Sworn, 24: 11 : 1653, before Will. Hibbins.
Copy of deposition of Robt. Mackentier, aged about twenty-four years, who testified that he was employed by Thomas Wiggins in carting coals. Sworn, 24 : 11: 1653, before William Hibbins.
*Writ : Joseph Miles v. Mordechie Creford ; dated, 18 : 4: 1658 ; signed by Hillyard Veren, § for the court.
Willyam Lightffoote, aged twenty-three years, deposed that being at Mordecai Crevit's house he heard the bargain between the par- ties, that plaintiff was to pay 17s. per yard for four yards of cloth. Sworn in Salem court, June 29, 1658.
+Writ : Mordechai Creford v. Joseph Miles of Salem ; dated, 17 : 4 : 1658 ; signed by Hillyard Veren, § for the court; and served by Samuel Archard,§ marshal. Took bond.
#Writ : Mr. William Browne v. Oliver Purchas of Hamersmith ; dated, 18: 4 : 1658 ; signed by Hillyard Veren, § for the court ; and served by Samuell Archard,§ marshal of Salem.
§Autograph.
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Mr. Richard Moore v. Edward Priscott. Debt .*
Mr. William Browne v. Estate of William White, lately de- ceased, in the hands of John Orms (Ormes). Debt.t
William Vinson sworn constable of Gloster.
Jenkin Davis of Lynn sworn clerk of the market.
Ezekiell Wathen brought in inventory; of the estate of his kins- man, Thomas Wathen, deceased.
Benjamyn Balch ordered to have the estate of Agnis Balch, in order to pay her debts.
Inventory§ of the estate of George Buncker, T lately deceased.
Joseph Jencks, sr., deposed that Mr. William Brown sent forty bushels of malt to the Iron works to exchange for bar iron, slit into nail rods, but defendant would not allow him to leave the malt or take the iron, affirming that there were only thirty-eight bushels of malt. Sworn, 17 : 3: 1658, before Wm. Hathorne. |
Allexander Brabiner testified that he heard the conversation be- tween defendant and said Jenckes. Sworn in court, June 29, 1658. Bill of charges.
Daniell Salmon || and John Hathorne|| testified that said Daniell Salmon, deputy to the marshal of Salem, while serving a writ, attaching a parcel of bar iron, was violently resisted by Olliver Pur- chis, Henry Leoneard and Richard Blood, who took the iron from him, in the forge at the Iron works.
George Darline testified that the malt was brought on Jencks' account and not Mr. Browne's. Sworn in court, June 29, 1658.
Jonathan Hudson of Lynn testified that Senior Jencks hired him to carry him forty bushels of malt from Mr. Browne's of Salem. He went to Mr. Browne's with his team, and Mr. Browne delivered him the malt for Goodman Jencks. Deponent told Jencks that Mr. Browne might pay him for bringing it, and Jencks sent a note by his boy to Mr. Browne to pay deponent, and also for a jar of oil; nothing was said of Oliver Purchis. Sworn in court, June 29, 1658.
*Writ, dated, 24: 4 : 1658 ; signed by Hillyard Veren, | for the court ; and served by Samuell Archard, || deputy marshal.
tWrit, dated, 18 : 4: 1658 ; signed by Hillyard Veren,| for the court ; and served by Samuel Archard, sr., | marshal's deputy.
#Inventory, taken 30: 4: 1658: In the hands of Capt. Tho. Clerk, 7li. 14s. 2d. Signed by Ezekiel Wathen, | who swore in court, June 30, 1658, that this was all the estate of his kinsman, Thomas Wathen.
§Inventory, dated, 29: 3: 1658, taken by Thomas Howlett, I Frances Pabody, | Richod (his mark) Huten and Abraham Reding-
|| Autograph.
TOf Topsfield.
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Amount, 300li. 14s. Debts, 156li. 9s. The widow, Jane Buncker, appointed administratrix ; and the estate to be divided among said widow, son William Buncker, Elizabeth Buncker, Mary Buncker, Ann Buncker and Martha Buncker, all under twenty-one years of age.
Oliver Purchase, Henry Lennord and Richard Blood discharged .*
" William Brend william Lutherway examyned why & wt they came into these pts to seek a godly seed the lord god sd pase away to New England."
Good. Bishop deposed that William Brand was at Larence Suthicke's house two or three hours.
John Hathorne's license to draw wine, beer, etc., renewed for one year.
Theophilus Wilson, constable v. Job Bishop. Appealed.t
ton :# For working Catil, 36li .; Cowes hefors and Caves, 16li .; One Ewe and two Lambs, 2li .; a Cart and plowes and tackling, 3li. ; swine, 2li .; gune and sword, 2li .; bras and pouter, 3li .; tabul and Chares and trayes, tubes and barils, 2li. 3s .; Cowes pelt skines and wheeles, a Rop and bandalers, 2li. ; beding and linan and wolan and thirteen pound Coten wol, Sli .; waring Clothing, 3li. 6s .; the Crop of Corne upon the ground, 9li .; dets due to him upon bil, 4li. 11s. ; housin and land as namli medo and uplande, the farme Consisting of thre hondered and twelve acres more or les, there be more driblin detes that do not yet apere what tha are ; By John Andros, 4li. ; by Frances Vsselton, 3li. 14s. ; total, 300li. 14s. The estate is debt to severall psons following : To Mr. Tuttle as by bill & otherwise, 9li. 18s. 2d .; Mr. Joseph Juit, 2li. Sd. ; Capt. Pendleton, 80li. ; Willm. Howard, by bill, 24li. ; to the wor- shipfull Mr. Bradstreet, 22 bushils wheat, 4li. 15s .; Mr. Robert Payne, 2li. 2s. 7d .; Goodman Moulton, 30s. 9d. & Robt. Andrew, 14s. 4d., 2li. 5s. 4d .; Mr. Curwin, 12li. 11s .; Robt. Stiles, 6li., Robt. Pearse, 10s., 6li. 10s .; Mr. Purkings, 50s. and Goodman Gouldsmyth, 18s., 3li. 8s .; Mr. Willm. Payne, 4li .; Thomas Rootes, 2li. 14s. 10d. ; Richard Raymend, 20s. & Goody Graften, 24s., 44s .; total, 158li. 13s. 4d.
Elizabeth Bunker was twelve years old; Will., ten years old ; Mary, six ; An, four ; and Martha, one year and a half.
*Presented, 25 : 9 : 1657, for violently taking away a parcel of iron from the officer who had attached it. Wit: Daniell Salmon and John Hathorn of Lynn.
+At Ipswich court, Mar. 30, 1658, Theophilus Willson, consta- ble v. Job Bishop. Appeal from a judgment given by Mr. Sam- uell Symonds, Mar. 29, 1658. Transferred to Salem court. Found
#Autograph,
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Thomas Bishop surety that his brother Job Bishop prosecute his appeal.
George Norton licensed to keep an ordinary upon the road where he dwells, and to sell strong waters to travelers.
Mordicha Creford fined 40s. for excessive selling of cloth .*
Modicha Creford fined for his wife's misdemeanor toward Joseph Myles.
Joseph Myles fined for his misdemeanor toward Modicha Creford.
Ipswich people, considering one ordinary not enough there, peti- tioned that Corporal Andrews be licensed to keep an ordinary for the entertainment of strangers till next court at Ipswich and no longer. Granted, and he was given liberty to sell wine and beer to townsmen out of doors.
John Suthick's wife fined for absence from meeting six Sabbaths.
Frances Johnson of Marblehead had his license to sell wine renewed for one year.
Mr. William Browne of Salem appointed administrator of the estate of William White of Salem, deceased sometime since at Vnkaway.
William Canterbery fined for beating Goodwife Rowdding.
John Rowden, for his wife's offence, fined and bound for her good behavior.ț
William Canterbery and John Rowden were bound to good behavior.
for plaintiff. Certified copy of record by Robert Lord,# clerk, 22 : 4: 1658.
*Presented, 25: 9: 1657, for oppression in selling a piece of kearsey and two pair of stockings to Joseph Miles, at excessive prices. Wit: Phillip Crumell and Joseph Miles of Salem. Sum- mons served by James Underwood,¿ constable, 1: 2 : 1658.
tRebbecca Cantlebery, aged twenty years, deposed that the day her father went to tell John Rouden's wife of her swine that were in his pease, a short time after, she came in an insulting manner and bade them prove them to be her swine; whereupon deponent went and caught one of them and held it by the leg, her father standing by. Rouden's wife took up a stone of two or three pound weight and threw it with such force that if deponent had not fallen down, "it myght haue spoyld me." Deponent further testified that she heard
#Autograph.
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John Ossgood confirmed as sergeant of the military company at Andover.
Alice Chichester to be severely whipped for uncleanness.
Mr. Jerimy Hubard discharged.
Wennam discharged, the way being mended .*
Gregory Castle fined for fighting. Wit: Math. Nixon. Chris- topher Codner promised to pay the fine.
Mordecha Creford admonished.
Hanah, wife of Nehemiah Howard, presented for suspicion of uncleanness, being delivered of a child about thirty-two weeks after marriage, was discharged. Wit: Willi. Dixcy and his wife.
" Memord Nicolas Phelps wife abused John Smith."
Henry Herrick freed from training, fine being partly remitted. Hillyard Verren appointed clerk of the court for Salem.t
said Rowden's wife call her father rogue, whelp and toad ; and when her father was at work in his own ground she had seen her sling stones at him with great violence, and they no sooner let their cattle out of their yard but she was either hunting them with her dogs or striking them with great sticks.
Thomas Goldthwit testified that he saw Goody Rowden violent- ly oppose William Canterbury, and she did strike his oxen with a stick in her hand in the common field, Jan. 10, 1657.
Elisabeth Walkut deposed that she, being sent on an errand to Goodwife Cantlebery, found her abroad in her lot; the latter told deponent that her husband was gone to give Goodwife Rowden notice of her swine that were then in his pease. Goodwife Cantlebery, standing upon a tree, called deponent to her to behold how Goodwife Rouden beat her husband. She saw Goodwife Rouden following Goodman Cantlebery towards the fence with both her hands upon him divers times, thrusting him out of her ground and throwing things at him. Sworn, 6: 11: 1657, before Wmn. Hathorne.#
*Presented, 25: 9 : 1657, for an insufficient highway where their mill formerly stood. Wit: Robert Gouings and Thomas White of Wenham.
Robert Gowing of Wanham, who was kept from court by illness in his family, deposed that upon the place where sometimes the mill was, he apprehended that the foot way was inconvenient and unsafe for travelers on foot; dated, last of the eighth month.
+" 29th 4th : 58
" To the Worshipfull Court now assembled at Salem
" We whose names are subscribed hauinge considered that this #Autograph.
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Salem discharged of its presentment .*
Major Hathorne appointed to marry, take testimony, etc. Will; and inventory of Thomas Scuddard brought in. .
Court is at present destitute of a Clarke by Reason he that was last chosen therevnto is now remoued to the eastward are bold to present Hilliard Veren unto yor worshipps consideration as one whom wee conceiue meete for that place he beinge at present Clarke of the writts here and his calinge beinge such as doth ocasion his abode at whom also he beinge one that for his integritie we can confide in and doubt not but if yor worshipps shall see meete to make tryall of him he will giue good satisfaction
" John Gedney §
" Richard Princeg
" Jacob Barney §
" Thoms Gardner§
" Rich. More§
" Moses Maverickes
" Henry Bartholmew."§
*Presented, 25 : 9 : 1657, for an insufficient pound. Wit : John Simons and William Kinge of Salem.
tWill of Thomas Scudder of Salem, dated, Sept. 30, 1657, was proved June 29, 1658, by Richard Watters and Capt. William Traske. He bequeathed to " my welbeloved wiffe Elizabeth Scud- der, dureinge her life, all my worldly goodes, & estate whatsoever, of houses, landes, Cattle, & all moveable goodes, & vsentles of what kind soever, & all personall estate whatsoever & I doe allso ordeine, & make, & appoint her my said Wiffe, my full, & sole Execatrixe after my death onely my desire is that after her death, what shee shall leave, of any of my foresaid personall estate, it shalbe de- vided amongst my Children, John Scudder, & Thomas Scudder, & Hennry Scudder, & Elizabeth Barthelmew, And Thomas Scudder my Grandchilde, the sonne of my sonne William Scudder desesed, & my mynde & will is, that all such estate, as my said wiffe Eliza- beth Scudder shall leave after her death, shallbe valewed, & equally devided to my said Children, & Grandchild, & my said Grandchild to have as much as any one of them. Neverthelesse, one Cowe, which I formerlye gave my said wiffe, I doe in noe wise dispose of, butt leaue itt wholly to my said wiffe to dispose of itt, as shee shall thinke good." Thomas (his mark) Scudder. | Wit : Richard Water,§ Wilom Traske,§ Joseph (his mark) Boyse and Thomas Deutch. §
#Inventory of estate of Thomas Scudder, deceased, 1657, taken by Thoms Gardner§ and Joseph (his mark) Boys, and sworn to by §Autograph. || Seal.
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James Vnderwood fined .*
Alister Grimes of Lynn fined for resisting the constable, and John Smith fined for not assisting the constable, Mar. 16, 1658.
Laurance Snthwicke, Josias Suthwick, and Edward Harnett, sr., fined, 8: 1: 1657, for absence from meeting.
On 10: 3: 1658, Laurance Suthwick, Josiah Suthwick, Casander Suthwicke and Samuell Shaddock fined for absence from meeting.
Anthony Needum's wife, John Suthwick's wife and John Smale fined for absence from meeting.
Disorderly meeting at the house of one Nicolas Phelps1 of Salem on the Lord's day in time of the public worship. William Brend2 and William Lederay,2 professed Quakers, were present, but who then made an escape, were apprehended and brought to Salem, acknow- ledged that they were Quakers, and they were sent to the house of correction. The court sent for Nicolas Phelps,1 Larence Suthwick2 and his wife,2 Josiah Suthwick,2 John Suthwick,3 Daniell Suth- wick,3 Provided Suthwicke,3 Samuell Shaddock,2 Joseph Pope,3 Anthony Needdam,3 Ed. Wharton,3 Samuell Gaskin,2 the wife of Henry Traske,3 wife of Robert Buffam,3 and his son, Joseph Buffum,2 Tho. Brockett3 and John Hill.3 Many came into court with their hats on, and stood with them on, until the officer pulled them off. At the meeting were, also, Nicolas Phelps' wife, Henry Traske, Georg Gardner's wife, Robert Adams, and Joseph Pope's wife, who did not appear. These were continued to next court. Anthony Needum's wife, for absence five days from meeting, was fined. Those persons whose names are marked (1) confessed them-
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