USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 12
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his widow, Elizabeth (her mark) Scudder : His house & orchyard, 20li. ; three Oxen, 13li .; three Cowes, 9li. ; foure sheepe & a lambe, 7li. ; two swine, 1li. ; Axes & other tooles, 1li .; hempe, 5s. 4d .; two Iron Potts, 10s. ; foure brasse kettles, 2li. 10s. ; two brasse panns & foure skillets, 1li. 2s .; two spitts, one pott hanger, fire pan, & tonges, one gridiron, one drippinge pan, 14s .; Pewter, 2li. 3s .; one feather bed & bolster & 2 pillowes, 4li .; one bed Coveringe & two blancketts, 1li. 8s .; two paire of sheetes, one pillowe, six napkins, 2li .; one bedd & bolster, 1li .; three sheetes, 10s .; his wearinge apparrell, 3li. ; two Cushins & three Curteins, 12s. ; two Chests & two boxes, 17s. ; one barrell with tallowe, 17s .; Tubbe & pales, 10s .; other Lumber, 10s .; total, 73li. 8s. 4d.
*Presented for defaming Hanah Howard, insinuating improper relations with Mr. Jeremiah Hubberd. Wit : Mary Golt and Katha- rine Rootes.
104
SALEM QUARTERLY COURT
[June
selves to be Quakers and were fined ; those marked (2) confessed themselves to be Quakers and were sent to the house of correction ; and those marked (3) repented and were released .*
*" The names of psons Conuented togeather the lords day beeinge 4th 5: 1658 at the hoose of Lawr : Southwick : vidz :
" Tho : Brocket
" Jnº Small
" Dan : Southwicke
" the wife of Jno : Smith
" the Daughter of Robt Buffum
" Nich Phelps wife
" Isack Page wife
" Sam1 Shattocks wife
" Jnº Southwick wife
" Anto : Nedhams wife
" Hen Traske wife
" Puided Southwick"
" At a priuate meetinge last lords day aprehended these psons followinge
" Nicolas Phelps " Thomas Brocket
" Daniel Suthwicke
" the wife of Sam1 Shattock
" the wife of Isacke Page
" the wife of Anthony Needham
" Daniel Suthwicke " Prouided Suthwicke"
" The Court being informed of a disorderly meeting of certaine suspected psons att the howse of one Nicholas Phelps of Salem, on the last Lord Day in tyme of Publique worsp, amongst whom there were two strangers willm Brend & will Ledray pfeffed Quakers, whoe then made an escape but afterwards were apprhended brought to Salem examined by the Court & owneing themselues to be such were sent to the howse of Correccon according to Lawe, the Court also sent for the rest viz. Nich. Phelps, Laurence Southwicke & his wife Josiah Southwicke, John Southwicke, Daniel Southwicke, Provided Southwicke, Samuel Shaddock, Joseph Pope, Anthony Needham, Edw. Wharton, Samuel Gaskin | the wife | of Henry Trask, the wife of Robt Buffam & his son Joseph Buffam Tho. Brockett, John Hill whoe comeing before the Court many of them wth their hatts on, & soe standing till by the Officer they were pulled of. after examinacon & conviccon the Court then pceeded Nich. Phelps att whose house the meeting was held, was fyned 408 Laurence Southwicke & his wife & Josiah Southwicke whoe for- merly had bene - the howse of Correccon & still owneing them- selues to be of that psession - resent to the howse of correccon,
105
RECORDS AND FILES
1658]
COURT HELD AT SALEM, 20 : 5: 1658, BY ADJOURNMENT.
Present : Worshipful Mr. Symond Broadstreet, Maj .- Gen.
Samuel Shaddocke Joseph Buffam Samuel Gaskin || obstinatly | owning themseves to be such as are called Quakers. were likewise sent to the howse of Correccon, all the rest of them were according to Lawe | convicted | of the euill of their wayes & practises. Laurence Southwicke & his wife Josiah Soutwicke, Sam1] Shaddock the wife of Anthony Needham & the wife of John Southwicke, who have formly bene convicted for absenting themselues from the publ worsp & service of god were nowe, each of them convicted for 5. dayes absence from the publ meeting on the Lords Day | since their form" conviccon | for wch they would render noe iust acct & therefor the Court declared they were to pay 258 a peece for their sd offence
" att the sd meeting there was besydes theis menconed Nich. Phelps his wife Henry Traske, the wife of Georg Gardn" Robt Adams & the wife of Joseph Pope, whoe not appearing, are to be pceeded wth att the next Sessions of this Court & accordingly the Clerk is to send out pces for their appearance
" It is also found that the wife of Anthony Needham hath ab- sented herselfe 5. dayes - the publ meeting on the Lords day since her last conviccon - - Court declared that according to Lawe | she is | to - for her sd offence"
" the 22. 8. 57
" We hose names ar under written beinge apointed by the too Tounes to lay out a cuntrie way be twine the too Townes Salem & Topsfeld we began vpon John Porters farme acordinge as the trees ar marked and so alonge vpon Daniell Rayes farme too pole brod and so thoroh the woods to a farme of John Porters wich was formerly mr Kenistones and so thoroh the woods to a farme of John Porters wich was formerly mr Dounings and so thoroh the woods to the Rever against Gudman Tounes house and this we have don accordinge to our best descresion
" John Porter* " William dodge* " Thomas Borman* " frances pabody*
"This was alowed of by the court (as it is layd out) held at Salem 29th of June 1658 Robert Lord cleric"
List of presentments, dated, last : 4: 1658, and signed by Thomas Laughton,* in the name of the rest of the jurors.
Richard Gardener, John Kitchin and his wife, John Hill's wife, and Richard Sibsley's wife, all of Salem, presented for frequently absenting themselves from the public preaching of the word of God upon the Lord's day. Wit: Mr. David Kirwithy, Mr. Ed- mond Batter, Phillip Verrin and Henry Renhols.
*Autograph.
106
SALEM QUARTERLY COURT
[July
Danyell Denyson, Maj. William Hauthorn and Mr. William Hub- burd.
The marshal was ordered to pay Henry Scerry, sr., constable in Ruben Guppy's matter, as soon as the money was obtained of Guppy.
Alce Chichester's charge at the time of her abode in Salem, for maintenance of herself and child, to be paid three-fourths by Salem and one-fourth by Marblehead.
Joseph Armytage fined for rashly swearing four times in one evening, saying, " I vow to God," and for threatening speeches to George Keiser. The latter allowed six shillings for his own and two other witness fees .*
Anthony Needom's wife and Joseph Pope's wife fined for being at a disorderly and offensive Quaking meeting.
John Southwick, Richard Gardener's wife, John Smale and Robert Buffam's wife fined for absence from meeting.
Nicolas Phelps and his wife and Henry Traske fined for being at a Quaking meeting and absence from public worship.
Henry Traske's wife to pay costs for her first offence.
Danyell Sothwick fined for being twice at a Quaker meeting, and to pay costs for absence from meeting.
Provided Sothwick fined for absence from meeting and for being present at two Quaker meetings ; also to be set by the heels in the stocks an hour for calling the court persecutors.
Thomas Brakett fined for being twice at a disorderly Quaking. meeting and absence from meeting.
George Gardener's wife, Samuell Shaddock's wife and Isaac Page's wife to pay costs for being at disorderly Quaking meetings and absence from meeting.t
Abraham Whiteere sworn constable for Manchester.
*He was of Lynn, and presented for rashly swearing three or four times in one evening, saying " I vow to God." Wit: Bray Wilkins and George Keasser. Summoned to court by Thomas Newhall, # constable, 5 : 5 : 1658.
+Warrant to summon many accused of absence from meeting, being professed Quakers, etc., to answer at court. Wit: Mr. David Corwithy, Mr. Edmond Batter, Phillip Veren and Henry Rennolds, signed by Hillyard Veren,# clerk, 5: 5: 1658; served by James Underwood,¿ constable of Salem.
#Autograph.
107
RECORDS AND FILES
1658]
John Garven, Goodman Gigle's servant, fined for abusing Rich- ard Midleton, servant to John Puttman, by smiting him violently with a stick .*
John Norman fined for abusive speeches, etc., to Abraham Whiteer, who was appointed to receive pay for masts cut and carried away from the town of Manchester. Norman objected to paying, and turned the mast upon Whiteere's leg, breaking the skin and shedding blood. Also, for saying that Whiteer should knock another boy in the head to get money.t
Robert Adams to pay costs for being at a disorderly Quaking meeting at Nicolas Phelps' house.
John Smith's wife and Edward Wharton to pay costs for absence from meeting, the former having been at a Quaking meeting.
Nicolas Phelps' wife to pay costs of court for being at a Quak- ing meeting and absence from meeting, and to be admonished for abusing John Smith, as he was assisting the constable.
Nicolas Phelps fined for defending a Quaker's writing, and sent to the house of correction at Ipswich for an indefinite time for confessing himself a Quaker.
Abraham Warren of Salem presented for violently withstand- ing John Bachelor on the latter's ground, attempting to drive back the cattle feeding there. Warren went to his own house and re- turned with his naked sword in his hand, saying that he would then stop them.
*Wit: Nathaniell Putnam and Joseph Huchenson. Summons served by James Underwood, § constable of Salem.
¡John Norman was of Manchester, and cut the mast from the town common. Wit : Henry Lee, Samuell Walton and Abraham Whithaire. Summons served by James Standish,§ constable of Manchester.
John Harris and Nathaniel Walton testified that Abraham Whiteheare demanded of John Norman pay for masts, which he had drawn down to the water's side, and Whitheare sat down upon the top of the mast. Norman told the men to throw the mast upon Whiteheare if he would not get up, which they did, and told him to go knock another boy in the head to get more money. Sworn before Daniel Denison,§ July 20, 1658.
¿Wit : John Bachilor, aged about forty-seven years, and Michael Cresse, aged about thirty years, who deposed.
§Autograph.
108
SALEM QUARTERLY COURT
[July
John Dixy to answer Mr. Edmond Batter for saying that he paid ten shillings to Mr. Moore for telling a lie .*
Phillip Veren and Mr. Corwithy allowed witness fees.
Servants of the house to have 7s. 6d.
Keat, Goodman Rumbl's negro, to be severely whipped for uncleanness. t
Willį of James Patch, deceased, proved, 8: 7: 1658, and his
Bill of charges of John Bachilor.
Summons served by Rogger Heskell,§ constable of Bass River side, Salem.
*Joshua Turland, aged about twenty-three years, deposed that John Dixie said to Samll. Morgan and himself, " Do you not heare what newes from Court : Mr. Batter pd ten shillings in money to Rich. More for tellinge of a ly," etc. Samuell Morgen deposed the same. Both sworn in court before Hilliard Veren,§ cleric.
¡Katharine, the negro servant of Daniel Rumbole, presented for uncleanness.
įWill of James Patch, dated, Aug. 7, 1658, was proved, 1: 9: 1658. He bequeathed to " my beloved wife Hannah Patch, my house and lands, orchard, and all appertaynances of it, belonging to my home groundes, together with that parcell of meadow, Lay- ing near Rich. Dodges, as allso two Cowes, together with ten acres of Rockey land laying on the east side of the home lott, For wood : as also all the household stuffe, in the house for the competent bringing up of the children. I give and bequeath unto my Son James Patch, all my part of the Farme (called Knights farme) both vpland & meadow, all my right there be it more or lesse : together with the two youngest Oxen, and the horse. I doe nextly Give and bequeath vnto my Daughter Mary Patch ye two oxen that are oldest ; togethr with one Cow, and allso ten acres of vpland, Laying neare Sawyers Playne.
" Vnto my Daughter Elizabeth Patch I give and bequeath by will, my two middle Oxen, as also one Cow, together with twenty acres of vpland laying by the Land, called Eastyes land, and Joyneing next vnto the sayd land. I doe also by my will appoint my Be- loved wife Hanna Patch to be my lawfull exsequitrix, to administer vpon my estate to Receive my dues, to discharge all debts, of mine ; with the remainder of my estate, Corne Cattell or other goods, whare belongeing vnto me. Farther more I doe by will Constitute and ordayne & appoint my two Brothers, viz. Nicholas Woodberry & John Patch, to be overseers of this my last will ; and to act and Doe in reference vnto my Estate, wife & children, as overseers & Feofeyes of trust accord. to Law & reason vse to doe." James Patch.§ Wit : Tho Lowthropp§ and John Hill. §
§Autograph.
109
RECORDS AND FILES
1658]
wife, Hannah, appointed executrix. Inventory* amounted to 250li. 16s.
*Inventory taken, 27 : 6: 1658, by Richard (his mark) Bracken- bury, John Thorndike,t Zabulon Hillt and John Hillt : One dwell- ing house & barne, one orchyard & 5 akers of land improued, 50li. ; 4 akers of Indyan Corne, 8li .; 10 akers of land Rockey, 2li .; 3 akers of meadow, 9li .; 10 akers of land nere Sawyers plain, 10li. ; 20 akers of land nere Eastyes lot, 10li. ; one third part of knights his farme, 201i. ; 6 oxen, one payr, 13li., the next, 12li., the worst, 11li., 36li. ; one horse, 12li. ; one young Colte, 4li .; 4 Cowes, 12li .; one yearing & 2 Calfes, 3li .; one ewe, one weather, one Rame, one Lambe, 3li. ; 2 hogges & 4 smal pigges, 3li .; one third part of a shalop, 10li. ; 7 barrills & better of mackeril, 9li. ; one waggon, 1 pr. of wheels, 2 plowes & plowtackle, 5li. ; axes & workeing tooles, 1li. ; 2 musketts & bandeliers, 1 fowleing piece & sword, 3li .; 2 bedds, bedclothes, sheets, Curtain & aperteinanses, 14li. ; wearing aparaile, 11li. ; 1 yard of broad Cloth & 2 yds of peniston, 1li. ; 2 Iron potts, 1 kettle, potthookes, Rackes & 3 Iron wedges, 1li. 12s .; 2 brasse kettles, 3 skellitts, warming pan & Skimer, 2li .; 1 lanthorne besides pewter, lattin ware, smoothing Iron, hourglasse, portingale ware, morter & pestill, 1li .; 2 Chests, 2 boxes, 1 wheele & woodden ware, 2li. ; 12 pound of Cotten wooll, 12 pound of flax, 12 pound Linen & 8 pound of Cotten yarne, 4li. 4s. ; 1 Doung forke, howes, 1 payr of Cardes & frying pan, 1li .; English corne & flax undrest, 3li. ; total, 250li. 16s.
Summons to draw trial jurors from Salem, and summon grand- jurymen ; to summon Thomas Avery and Samuell Shaddock for absenting themselves from public worship; town of Salem for in- sufficiency of the highway between Lynn and Ipswich near Tho. James' house and insufficiency of the pound ; and witnesses, Jno. Ruck, George Norton, Sam. Archard, Jno. Simones and Wm. King ; dated, 1: 2: 1658 ; signed by Elias Stileman, t clerk ; served by James Underwood,t constable.
Summons to draw trial jurors from Lynn, and summon grand- jurymen ; to summon Mr. Olliver Purchass, Henry Leanord and Richard Blood to answer presentment for taking iron away from the officer after he had attached it; and witnesses, Dan. Salmon and Jno. Hathorne ; dated, 1 : 2 : 1658 ; signed by Elias Stjleman, f clerk. Drew for trial jurymen : Ensign Spencer, Sargent Deacon, Edward Richards, Henry Silsbee and Robert Rand; and for the new constables, Richard Rootone and Thomas Newell, jr. Served by Richard Blood,t constable.
Venire, to constable of Gloster, to draw a trial juryman, and to summon grandjurymen ; dated, 1 : 2 : 1658 ; signed by Elias Stile- man,t clerk ; served by Robbert Elwell .; Richard Window was chosen trial juryman, and John Davis, grandjuryman; the latter
+Autograph.
110
SALEM QUARTERLY COURT
[July
chosen by reason of some weakness in the family of the old grand- juryman, his wife being sick.
Venire, to constable of Wenham, to draw trial juryman and grandjuryman ; dated, 1 : 2: 1658 ; signed by Elias Stjleman,* clerk. Wit : Robt. Gouwin and Tho. White. Austin Killam drawn grand- juryman, and Richard Kemball for trial juryman.
" This to ye Magestrats in Court at Salem
" Friends wharas it was your pleasures to Commit vs whose names are vndar written, to ye house of Corection in Boston, though ye lord ye Righteous Judge is or wittnes yt we had don nothing worthy of stripes or bonds, & we being Comited by order from ye Court, to be delte with all as ye law puids for foriane Quakers as yow please to call us. & hauing some of vs sufared your law & pleasurs. now yt wch we doe expect is. yt wharas we haue sufared ye law, so now to be set free by ye same law (if yow act by a law) as you manar is wth strangars, & not to put vs vpon ye acount of one law, & execute another law vpon vs. of wch acording to your one manar we ware neuer Conuicted of. then as ye law express, if yow had sent vs vpon ye account of ye new law. we should then haue expected ye Gailors ordars to haue bin vpon yt account, wch yt it was not appeares by ye worant wch we haue & ye punishment wch we beare, as four of vs wch was whipt. amongst whome was Casandra Suthick who had formerly bin whipt & now allso acord- ing to your formar law ; Freinds let it not be a smal thing in your Eyes. ye Expossing as much as in yow lyeth our famelies to Ruin, its not vnknowe to yow ye season & time of ye yeare. for those yt liue of husbandry, & what thare Cattal & famelies may be exposed vnto. & allso such as liues on trade. we know if ye spirit of Christ did dwell & Rule in you these things would take impression vpon your harts. wt or lines & conversations haue bin in yt place is well knowne, & what we now sufar for is much from falce Reports & vngrounded Jealousie of heresie & sedition, these things lyes vpon vs to lay before yow ; as for or parts we haue trew peace & Rest in ye Lord, in all our sufarings, and are made willing in ye powar and strength of god freely to ofar vp or liues in this cause of god, for wch we sufar, yea & we doe find through grace, ye in- largments of god in or imprisoned estate to whome alone we Comit o'selues & families, for ye disposing of vs acording to his infinite wisdome & pleasure in whose loue is or Rest & life
" Lawrance Suthick
" Cassandra Suthick
" Josiah Suthick
" Sam" Shattock " Joshua Buffum
" From ye house of bondage in boston whar in we are made Cap- tiues by ye will of men although in measure made free by ye Son ioh : 8. 36 in wch we Quietly Rest this 16th 5th mo. 1658."
*Autograph.
111
RECORDS AND FILES
1658]
COURT HELD AT IPSWICH, 28: 7: 1658.
Judges : Mr. Symon Brodstreet, Mr. Samuell Symonds, Major- General Denison, Mr. William Hubbart and Major Hathorne.
Grand jury : Serg. Rich. Jacob, Willim. Addams, sr., Dan. War- ner, Tho. Emerson, Tho. Harte, Fran. Plumer, Abell Huse, Rich. Petingall, John Pickard, Sam. Brocklebanke, John Tode, Robert Andrews and George Abbott.
Jury of trials : Georg Giddings, Tho. French, Hump. Vinsent, James How, Will. Wyld, John Gage, John Knight, John Poore, Will. Assye, James Barker, John Palmer and Isaacke Comings.
John Ossgood and Andrew Allen of Andover and Tho. Hale of Newbury made free.
Mr. Edward Woodman of Newbury allowed to marry and administrator oaths.
Civil cases :-
John Hakes v. Mr. Joseph Cooke. For taking away a young mare. Verdict for defendant .*
*Edward Collinst affirmed concerning the mare colt in contro- versy that he believed that the colt Mr. Cook brought from Isack Harte of Redding was the same that deponent sold him about two years since with its dam ; his servants affirmed the same. Dated at Medford, Sept. 26, 1658.
Isack Harte, aged about forty years, deposed that the colt be- longed to John Hauks of Lynn, and the latter had given it to said Harte to keep. Dated, 29: 1: 1658, and sworn before Edward Johnson, commissioner of Woburn. Copy made by Robert Lord, t cleric.
Thomas Hutchson testified that his father-in-law, Addam Hakes, gave this colt to his son, John Hakes. Sworn in Ipswich court, Mar. 30, 1658. Copy made by Robert Lord, t clerk.
At court at Cambridge, Apr. 6, 1658, Mr. Joseph Cooke of Cambridge v. Isaake Hart of Redding. Case about a stray colt. Verdict for plaintiff. Copy of record.
Writ, dated, Mar. 20, 1658; signed by Willm. Cowdrey, for the court ; and served by Thos. Hartshorne, constable, who attached the black colt, house, orchard and two acres of land adjoining. Copy made by Thomas Danforth, ¡ recorder.
Copies of the following depositions on file in Cambridge court : Jno. Goold, aged forty-seven years, testified that Isacke Hart came to his house and laid claim to a black mare colt of Solomon Phips of Charl Towne, which was with Mr. Shepard's mare. He had
tAutograph.
112
IPSWICH QUARTERLY COURT
[Sept.
Mr. Robert Payne v. Richard Shatswell. Debt. Verdict for plaintiff.
seen Harte's mare with Farmer Greene's horses. Mr. Goold's man was Thomas Geerish, aged eighteen years.
Jno. Browne, aged twenty-seven years, testified that Isaacke Hart said that the colt was in partnership between Jno. Hawkes of Linne and himself, and he bought a half part of his brother, Jno. Hawkes ; that at the end of seven years they were to divide the increase, and she was brought to Cambridge and the rest of the horses were left at Goodman Peirsons' house, which they did, be- fore him and his wife and Jno. Dawes.
Daniel Deane of Misticke, aged twenty-six years, and Thomas Brigs, aged twenty-two years, also testified that that colt was bought of Edward Collins on Mar. 13, 1657.
Richard Brush, aged eighteen years, servant of the plaintiff, testified that his master and Jno. Browne brought the colt from Redding.
One [Owen?] Swinn, aged sixteen years, and Abraham Howell, aged twenty-six years, both servants of the plaintiff, also testified.
The foregoing depositions were copied by Thomas Danforth,* recorder.
Samuel Hutcheson, aged about forty years, testified that he marked John Hawkes' colt, etc. Sworn, 23: 7: 1658, before Thomas Marshall,* commissioner.
Gregory Stone of Cambridge, aged about sixty-seven years, tes- tified about Mr. Cooke claiming a colt he had in pound, etc. Sworn, 18 : 7 : 1658, before Richard Russell,* commissioner of Charlstowne.
Copy of deposition of Addam Hakes, aged about fifty years, who testified that this was the colt he gave his son, John Hakes. Sworn in Ipswich court, 30 : 1 : 1658.
John Gould, aged about forty-eight years, also testified. Sworn before Thomas Marshall,* commissioner of Lynn.
Copy of deposition of Elizabeth Hearte, aged about thirty-five years, that both she and her husband knew the colt her master Cooke had attached, etc. Sworn before Edward Johnson, commis- sioner of Wooborne, 26 : 1: 1657-8. Copy made by Robert Lord,* cleric.
Copy of depositions of Mathew Edwards, aged twenty-five years, who testified concerning the marks. Sworn, 30: 1: 1658, in Ips- wich court. Copy made by Robert Lord,* cleric.
Copy of deposition of William Eaton, aged about fifty-four years, and John Eaton, aged twenty-two years, who testified that they ran a hot pitchfork tine through the colt's ear, etc. Sworn, 1mo : 1658, before Edward Johnson, commissioner of Wooburne. Copy made by Robert Lord,* cleric.
*Autograph.
113
RECORDS AND FILES
1658]
Richard Shatswell v. Robert Roberds. Appeal from a judgment granted by Major-General Denison, Sept. 17. Verdict for de- fendant .*
Margret Scott, widow v. Richard Shatswell. Trespass. For ploughing up her land and felling trees or causing trees to be felled on her ground.t
*Copy of warrant to Richard Shatswel to appear and answer complaint of Robert Roberts, for trespass, taking half a load of wood off his cart ; dated, Sept. 3, 1658. Appealed.
Willm. Dellow, aged about thirty years, testified that he saw Robert Roberts about loading wood within the common fence, and he forbade him, by order of his master Shatswel. Roberts brought a warrant, whereupon deponent allowed him to load his cart. When Shatswel appeared, he pulled the wood off the cart, etc.
Thomas Harris, aged about forty years, deposed that he helped load the wood, etc.
John Gage deposed that the tree Roberts cut the wood from grew upon the land of Goodman Scott, etc.
William Dellow and Robt. Punnil, servants of Richard Shatswel, also testified.
Tho. Clarke testified that Shatswel ordered him to fell the trees at his farm; deponent was to have the bark, and Shatswel, the remainder.
Copies of the foregoing depositions made by Daniel Denison .;
Richard Shatswell's reasons of appeal. He claimed that what he did was upon the land that he and his father had enjoyed un- molested for twenty years, etc.
Robert Roberts' answer.
+Writ, dated Sept. 23, 1658; signed by Robert Lord,¿ for the court ; and served by Theophilus Wilson, ¿ constable.
Richard Jacob and John Gage deposed.
Richard Kemball, jr., deposed that his " uncle Scott chalenged the upland downe to the marsh & his son after him, while I lived on goodman shatswells farme for the space of seaven years." Sworn in Ipswich court, Sept. 28, 1658.
Theophilus Wilson deposed. Sworn, Sept. 28, 1658.
William Smith, aged about twenty-six years, deposed that when he hired Richard Shatswell's land of Richard Kimball, about six years ago, old Goodman Scot showed him the bound stakes, which were in the hollow near the east end of the birch swamp and also next to Hutley's lot, etc. Sworn in Ipswich court, Sept. 28, 1658.
Androw Aling, aged about forty years, deposed that, being ser- vant to John Shatswell, he mowed the lot from the tree at the point of Brodstreet's lot, which now they call Hutlyes ; also all the upland
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