USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 15
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COURT HELD AT SALEM, 2 : 10: 1658.
The military company at Lynn nominated Lt. Thos. Marshall to be their captain, and the court confirmed the nomination.
Mr. Symond Bradstreete v. Thomas Mayhue. Debt. Brought to this court. For not paying a yearly annuity. Verdict for plaintiff for 140li. Judgment not granted at the Ipswich court, being out of its jurisdiction. Copy of Ipswich court record, by Robert Lord, cleric, Sept. 29, 1658. Plaintiff bound in 200li.
Mr. Frances Johnson fined twenty pounds for four times selling strong water. Ordered that the marshal seize a barrel of rum which was then in Johnson's possession as payment for half the fine ; the other half respitted.
John Kitchin's wife, Robt. Buffum's wife, John Smith's wife, Jon. Sothwick's wife, Samll. Shattuck's wife and Pvided Sothwicke fined five shillings a day for absence from meeting on sixteen Lord's days.
George Gardener's wife fined forty shillings for eight days ab- sence from meeting.
Mr. Gednyes former licenses renewed.
136
SALEM QUARTERLY COURT
[Dec.
Owen Williams and George Dimon fined by Major Hathorne for drunkenness. Mr. Hughson engaged to pay witness fees .*
Will. Lord, asking to be discharged as feofee in trust of some land of Tho. Borwood and Cristopher Burrye, and taking oath that he never received any rent for the same, was discharged. Said Lord informed the court that Jon. Pickering had the rent of this ten acres, but it was now in the hands of Tho. Oliver ; also, there was a house and half an acre of land in the Governor's hands. Or- dered that all this property be turned over to the county.
Isaacke Estye's servant, Joseph Williams, ran away from him, and thereby damaged him. Ordered that the portion of said Wil- liams' estate in the hands of Jeffery Masseye, Tho. Wattson or Henry Skerry, trustees, be kept by them until the court take further order.
Will. Cantlebury and Jon. Rowden were discharged of their bond given for their good behavior.
COURT HELD AT SALEM, 30: 10: 1658.
Allester Mackmalen and wife, Elizabeth, fined forty shillings, or to be whipped, for fornication before marriage. Mr. Batter engaged to pay the fine.
Mathew Nixon fined for excessive drinking.
Wharton and Gaskin summoned to appear at court.t
Will. Waldridg had gone out of the country and was probably cast away, and leaving no known attorney, Sam. Archer, marshal, and Tho. Robbins were appointed to take charge of his estate.
Mr. Stoddard, by his attorney, appealed to Court of Assistants. Mr. Edward Huchson, his attorney, bound. Suit was brought by Mr. Symond Broadstreet.
*John Deverix, constable of Marblehead, brought Owen Williams and George Dimon before Wm. Hathorne,# for drunkenness. They confessed and were fined. Mr. Huson engaged to pay the fine. Dated, 19 : 9 : 1658.
tEdward Wharton presented, 30 : 9: 1658, for frequently absent- ing himself from public ordinances upon the Lord's day. Wit : Serg. Jon. Porter, Thomas Putman and Edmond Batter.
Samuell Gaskoyne presented for absenting himself from public ordinances upon the Lord's day.
Edward Wharton presented for refusing to aid the constable, Autograph.
137
RECORDS AND FILES
1658]
The marshal ordered to inquire after a ten-acre lot that Rich. Stackhouse had in his possession.
John Archer and Henry Skery allowed five shillings for serving warrants.
Servants of the house to have six shillings.
being required by the constable. Wit: James Underwood and Henry Skerry.
Presentments signed by Edmund Batter, foreman, and copied by Hillyard Veren,* cleric.
Writ : John Andrews v. Thomas Averill ; for debt ; dated, 19 : 9: 1658; signed by Robert Lord,* for the court; and served by Edward Browne,* marshal of Ipswich, by attachment of wheat.
Writ : Humphry Griffen v. Daniell Clarke ; for debt ; dated, 22 : 9 : 1658 ; signed by Robert Lord,* for the court; and served by Edward Browne,* marshal.
Writ : Humphry Griffen v. Richard Hutton ; for debt ; dated, 24 : 9 : 1658 ; signed by Robert Lord,* for the court ; and served by Edward Browne,* marshal.
Writ : Mr. Wm. Browne v. Richard Stackhouse ; for withhold- ing 24li. 2s., due by book ; dated, 22 : 9 : 1658 ; signed by Hillyard Veren,* for the court; and served by Samuel Archard, jr.,* mar- shal's deputy, by attachment of house and land.
Writ : Mr. William Browne v. Austin Killum, Richard Hutton and Danyell Killum ; for withholding 33li. due for three years' rent for a farm in Wenham, hired of Mr. William Browne; dated, 22 : 9 : 1658 ; signed by Hillyard Veren,* for the court ; and served by Samuell Archard, jr.,* marshal's deputy.
Writ : Richard Hutton v. John Andrews ; for debt ; dated, 24 : 9: 1658; signed by Tho. Fiske,* for the court ; and served by Ed- ward Browne,* marshal, by attachment of house and land.
Writ : Mr. Wm. Browne of Salem v. Humphry Griffin of Ips- wich ; for debt ; dated, 22 : 9: 1658 ; signed by Hillyard Veren,* for the court ; and served by Edward Browne,* marshal.
Writ : Joseph Armitage, attorney to Win. Bayly of Road Iland v. William Mapes of Salem ; for debt; dated, 23: 9: 1658; signed by Hillyard Veren,* for the court ; and served by John Archard,* deputy marshal, by attachment of house and land.
Writ : John Hathorne v. Joseph Armitage; for forfeiture of bond for 40li .; dated, 1: 9: 1658; signed by Will. Longley,* for the court ; and served by Thomas Newhall,* constable of Linne, by attachment of 11li. 13s. in the hands of Samuell Bennet.
Writ: Edmond Batter, attorney for Ralph Fogge v. Edward Wharton ; for withholding a parcel of glass borrowed of Susanna, wife of Ralph Fogg ; dated, 16 : 8 : 1658; signed by Hillyard Veren,*
*Autograph.
138
IPSWICH QUARTERLY COURT
[Mar.
COURT HELD AT IPSWICH, MAR. 29, 1659.
Judges : Mr. Symon Broadstreet, Mr. Samuell Symonds, Ma- jor-General Denison, Mr. William Hubbart and Major Willm. Hathorne.
Jury of trials : Mr. John Appleton, Serg. Tho. French, Edward Chapman, John Ayres, Thomas Burnam, John Layton, John Emery, John Bayley, Ed. Moores, James Barker, Ezek. Northend and Tho. Dorman.
Andrew Hodges of Ipswich sworn constable.
Anthony Morse of Newbury sworn constable.
John Allen and Solomon Keyes of Newbury, James Stephens of Gloster and John Broklebanke of Rowley made free.
John Baker v. Corpll. John Andrews. Appeal. To make good the former judgment for the heifer .*
for the court ; and served by Samuell Archard, ¡ marshal, by attach- ment of wheat.
Writ: Maj. Wm. Hawthorn v. Mounseir Martin ; trespass, carrying away his servant from John Fort; dated, 16: 9: 1658; signed by Jonath. Negus, t for the court; and served by Rich. Wayte,; marshal of Suffolk. Josh. Scottow, t surety.
*Richard Kemball, aged fifteen years, deposed that Corporal Andrews came to inquire for a heifer, and said that if it was his, it was marked on the left ear. Sworn, Dec. 27, 1658, before Dan- iel Denison. Copy.
Samuel Moulton testified that Corporall Andrews sent his man to look for a heifer, and he said that his master's heifer had curled hair about the head, short legs, long hair and broad horns. Sworn, Dec. 18, 1658, before Daniel Denison. Copy.
John Knolton testified that Richard Walker spoke about marks, and when the heifer was brought up to the farm it was left at the brook to go as it would. Sworn, Dec. 27, 1658, before Daniel Denison. Copy.
Thomas Day saw the calf near his house, and kept it sometime ; then Francis Leach challenged it to be his and took it away. Sworn, Dec. 27, 1658, before Daniel Denison. Copy.
Joseph Browne and John Edwards deposed about marks. Sworn, Dec. 23, 1658, before Daniel Denison. Copy.
Thomas Averill deposed that at. last lecture day at Ipswich, Cor- porall Andrews desired him to see the heifer at Mr. Baker's house, etc. Sworn, Dec. 27, 1658, before Daniel Denison. Copy.
William Norton, aged about fifty years, Wm. Buckly, John Gaynes and Samuell Taylor testified that the heifer was not An- +Autograph.
139
RECORDS AND FILES
1659]
drews' nor his man Francis'. Sworn, 10 : 18: 1658, before Daniel Denison. Copy.
Copies of all the foregoing depositions, attested Jan. 8, 1658, by Daniel Denison .*
John Appleford, aged about twenty-five years, deposed that, being at Goodman Griffin's, he saw one of Mr. Baker's daughters drive home the heifer, etc. Sworn, 10: 18: 1658, before Daniel Denison. Copy.
John Choate deposed that while living at Corporall Andrews' farm, Francis Leach desired him to look at the calf, etc. She would have gone into the house where she was bred, so he concluded that it was the heifer that was Francis Leach's. Sworn, 20: 8: 1658, before Daniel Denison. Copy.
Humphrey Griffin, aged fifty-three years, deposed that he saw the heifer " in my brother's pasture " last spring. Sworn, 10: 30 : 1658, before Daniel Denison. Copy.
John Griffin deposed that it looked like Frances Leach's heifer. Sworn, 10 : 18: 1658, before Daniel Denison. Copy.
Thomas Parsons, aged about twenty-three years, deposed that he lived last winter at his master Andrews, etc., and he heard Duncan Stuart say, when Mr. Baker and Samuell Taylor were together, that it was Baker's heifer, etc. Sworn, Dec. 23, 1658, before Daniel Denison. Copy.
Mordecai Larkham testified that he saw the heifer at John An- drews' last winter, etc., and Thomas Parsons could hardly keep her out of the yard, etc. Sworn, Dec. 28, 1658, before Daniel Deni- son. Copy.
Richard Wattles and Thomas Hoyte testified as to marks. Sworn, Dec. 18, 1658, before Daniel Denison. Copy.
Thomas Hoyte also deposed that he heard Goodman Stuart say that he would give more for Mr. Baker's heifer, etc. Sworn, Dec. 23, 1658, before Daniel Denison. Copy.
Jeremyah Belcher testified that cattle went generally at John Appleton's end of this town. Sworn, Dec. 15, 1658, before Daniel Denison. Copy.
Samuel Robins and Daniel Merrill deposed as above. Sworn, 10 : 18 : 1658, before Daniel Denison. Copy.
Ephraim French, aged about fifteen years, deposed. Sworn, 10: 30 : 1658, before Daniel Denison. Copy.
John Wiggins, aged seventeen years, and William Goodhue, aged about fifteen years, deposed that the heifer lay at Mr. Rogers till the time they heard Mr. Rogers' man say that it was taken away by Mr. Baker. Sworn, 10 : 30: 1658, before Daniel Denison. Copy.
Abel Merrill, aged about fourteen years, deposed. Sworn, Dec. 23, 1658, before Daniel Denison. Copy.
*Autograph.
140
IPSWICH QUARTERLY COURT
[Mar.
Walter Roper in behalf of the town of Ipswich v. Frances Pabody and Rich. Walker. For felling several white oak trees upon Ipswich town commons. Verdict for plaintiff .*
Thomas Clarke, jr., deposed that, being at Mr. Baker's, John Baker and Thomas asked me what manner of heifer Goodman Roberts' heifer was, etc. He heard Robert Smith and Jeremiah Belcher challenge this heifer to be Mr. Baker's, which is Good- man Roberts, etc. Sworn, 10: 28: 1658, before Daniel Denison. Copy.
Samuel Taylor, aged forty years, deposed that Mrs. Baker said she heard there was a heifer killed at Lampson's hill about Indian harvest. Acknowledged in court.
Thomas French, aged twenty-two years, and Edmond Bridges, jr., deposed, 10 : 23 : 1658, before Daniel Denison. Copy.
Copies of all the foregoing depositions, attested Jan. 8, 1658, by Daniel Denison. t
John Baker, jr., deposed that he saw the heifer about Goodman Farrowes, etc. Sworn, Dec. 27, 1658, before Daniel Denison. Copy.
Sarah Baker deposed that living at the farm last summer she saw the calf of a cow called Tib, etc. Sworn, Dec. 27, 1658, before Daniel Denison. Copy.
Evan Morice deposed that he had Richard Walker's word for it, etc. Sworn before Daniel Denison. Copy.
Jeremiah Belcher, jr., Henry Kemball and Francis Bates de- posed, Dec. 23, 1658. Sworn before Daniel Denison. Copy.
Samuell Moulton deposed that Corporall Andrews came to his father's house to inquire for a heifer, etc. Sworn before Daniel Denison. Copy.
Richard Walker deposed that the servant to Mr. Baker and Goodman Knolton brought the heifer to his master's house. Sworn, 10 : 27 : 1658, before Daniel Denison. Copy.
Evidence summed up.
Grounds of John Baker's appeal.
*Writ, dated, Mar. 18, 1658, served by Edward Browne, t marshal.
Samuell Symonds was granted a farm of five hundred acres toward the west end of the town, commonly called Olliver's, he to be constantly supplied with timber and firewood off the commons. Extract from town record book, 3: 10: 1642. Robert Lord,t clerk, Mar. 24, 1658.
John Perley deposed that he asked Richard Walker who felled the white oaks that lay near his master Pabody's meadow, and he replied that he did, six of them, in Ipswich commons, according to
+Autograph.
141
RECORDS AND FILES
1659]
Civil cases :-
William Buckley v. Corpll. John Andrews. Debt. Verdict for plaintiff .*
. Joseph Jewett, attorney to John Hasletine v. Symon Tuttle. Trespass. For taking and riding away his mare without his know- ledge or consent. Verdict for plaintiff.t
the bounds of said Francis Pabody's farm shown him by the lot layer, Corporal Gage. Sworn in court at Ipswich, Mar. 29, 1659.
Samuell Perley deposed that he went with his brother John. Sworn, Mar. 29, 1659.
John Baker, jr., deposed. Sworn, Mar. 29, 1659.
Copy of town orders regarding felling of trees, dated, Aug. 31, 1649, and Jan. 11, 1649, taken from the town book, Mar. 28, 1659, by Robert Lord,į clerk.
Copy of town order that Walter Roper and Richard Shatswell be chosen to prevent persons from cutting trees on the north side of the river, and William Story and Thomas Bishop on the south side, Jan. 17, 1656. Copy taken from the town book, Mar. 24, 1658, by Robert Lord, clerk.
Nathaniell Perlye deposed that coming from Topesfeld he saw Richard Walker and Joseph Pebodye felling trees : "For railes," Walker said. Deponent said, "I scarselie se any whit okes felled for railes." This was on the bottom of the hill, called Mr. Win- trop's hill, next to Goodman Pebody's cove of meadow. Sworn in court at Ipswich, Mar. 29, 1659.
Walter Roper's bill of costs.
*Writ, dated, Feb. 7, 1658, signed by Robert Lord,į for the court, and served by Edward Browne,¿ marshal.
William Buckly's bill of charges.
John Andrewes' bond. Dated, May 16, 1657. Wit : Robert Lord# and Jona. Wade.#
¡Writ, dated, Mar. 3, 1658, signed by Robert Lord; for the court, and served by Edward Browne, marshal.
Robert Smith, aged about thirty-three years, deposed that he lived with Simon Tutle's mother, Mrs. Tutle, about eight or nine years before. That deponent heard her say that the young mare colt then in her keeping, which Smith was informed came of that stray mare that was challenged and was taken away by Lieutenant Lowtroope, was her son Simon's. This was when her husband, Mr. Tutle, was in England. The colt was branded with the letter E. Sworn in court at Ipswich, Mar. 29, 1659.
Edward Hecock, aged twenty years, testified that about four or five years before, he heard Mrs. Tutle say that the gray mare and foal that was in deponent's master, John Tuttell's, keeping at
#Autograph.
142
IPSWICH QUARTERLY COURT
[Mar.
Romlie marsh, was her son Symon's and that Tho. Bornom, etc. Deponent also heard Symon's brother, John Tuttell, say, etc. Sworn, 21 : 1 : 1658-9, before Thomas Marshall,* commissioner.
George Gidding and Thomas Burnam, both aged about forty years, testified that they being with their brother, Simon Tuttell, etc. Sworn in court at Ipswich, Mar. 29, 1659.
Humpey Grifing, aged fifty-three years, testified that before Mrs. Tuttell went to Ireland, he heard her say that it was her son Symon's mare in Tho. Bornom's keeping. Sworn in court at Ipswich, Mar. 29, 1659.
Thomas Gidings, aged twenty-five years, testified that when his grandmother Tuttell dwelt at Ipswige, he heard her say, etc. The mare had been called Symon's by deponent's uncle, John Tutle, and his aunt, Hanah Tuttell. Sworn in court at Ipswich, Mar. 29, 1659.
Letter addressed " These For her beloued sonne Mr George Gidding att Ipswich in New England :
" Carrickfargus 20 March 57.
"Sonn Giding I Receaued 2 letters from you and am glad to heare of your welfear with yours I wonder I heare nothing from Mr Juete I heare he improues my estaet to his one aduantag I praid hm to pay my son martain 12li in good goods and he lett him haue nothing butt beefe that none ellse would take I pray you to take care of my estat att Ips and lett nott him do what he list butt take a count of what he doth ther is 4 yeres Rent this march which coms to aboue a hundred pound and in depts ninty seauen pound and I heare my cossen John Tuttell would by the horse he will nott lett him without he pay him Englich goods I sent to deliner goods to my sonn John lawrence to send me 50li worth of beuar I have depts to pay in london and want it much Thomas burnum wold know what to do with the mares if he can not keep them all lett John Tuttell ore you take to of them and for the Rest of the Cattell if they be chargabell sell them ore lett them to some that will haue care of them I am to remoue againe 16 mills nerer my sonn that maried my daueter hannah hath the imployment that my husband was in the tresury is Remoued to another towne & we must goe with it the presence of the lord goe with us they are very louing to me and my life ther by Is very comfortable If I should com to new Ingland I fare I should goe a beging if Reportes be true my estate de Cays apase for want of lookeing to I heare the house gos to Ruine the land spends it selfe the cattell dye the horses eate them selues outt in keeping so I am licke to haue a small a count butt I hop it will nott proue as I heare if it should he that knows all things will a veneg the widows cause I pray Rem me to your wife my Dear Child hannah Rem her loue to you all so doth Mrs haries the potecaris wife that
*Autograph.
143
RECORDS AND FILES
1659]
John Godfry v. Hugh Sherratt. Debt. For wheat and rye due by bond. Verdict for plaintiff .*
John Godfry v. William Symons. Debt due on bond. Verdict for plaintiff for forty-four bushels of wheat.t
John Godfry v. Abraham Whitiker. For eight bushels of wheat due by bond. Verdict for plaintiff .;
liued in saint Albanes she dwellse next house to me I haue nott ellse att present butt the blesing of the lord be with you & yours
" I pray send no goods to simon I heare that of him which will bring my gray head with sorow to the graue with tears I conclued and Remaine
" Your poore mother " Joanna Tuttell."§
John Tuttle, aged about thirty-three years, deposed that his aunt Tuttle said, since his uncle went away, and he, being in his uncle's place, that the mare belonged to Simon, etc. Sworn, 21 : 1: 1658-9, before Thomas Marshall,§ commissioner.
John Gidings, aged twenty-one years, deposed that he heard his uncle Marting ask his grandmother Tuttell, etc. Sworn in Ipswich court, Mar. 29, 1659.
Elder Whipple and Deacon Goodhue in meeting three months before trial ask if there may not be a trial in law in a way of love so they might know whether the vote taken in legal town meeting might not stand good, etc. It was moved by Mr. Bradstreet the last year that they not trouble the court with the matter, but take it to the General Court as a request and that there would be no charges, etc.
*Writ : John Godfry v. Hugh Sherratt ; dated, Mar. 11, 1658 ; signed by Richard Littlehale,§ for the court ; and served by John Eyer,§ constable of Haverhill, by attachment of house and land.
Bond of Heugh Sherratt|| of Haverhill. Wit: Richard Little- hale§ and Mary Littlehale. Dated, Apr. 2, 1658.
Abraham Whiticker, § surety. Wit : Richard Littlehale.§ Dated, Mar. 11, 1658.
Sharod's bill of charges.
+Writ : John Godfrey v. William Simons ; dated, Mar. 12, 1658 ; signed by Richard Littlehale,§ for the court ; and served by John Eyer, § constable of Haverhill, by attachment of eight acres of land, a sow and a brass kettle.
Bond of William (his mark) Simons of Haverhill, dated, Oct. 28, 1657. Wit: Richard Littlehales and Mary Littlehale. §
¿Writ: John Godfry v. Abraham Whitticker ; dated, Mar. 12, 1658; signed by Richard Littlehale, § for the court ; and served by
§Autograph.
"Autograph and seal.
144
IPSWICH QUARTERLY COURT
[Mar.
John Godfry v. Edward Clarke. Debt due by bond. Defendant not appearing, and being orderly called three times, bond was de- clared forfeited .*
John Godfry v. William Symons and Samuell Symonds. Slan- der. Withdrawn. Costs allowed to defendant.t
John Godfrye v. Abraham Whitiker. For slander. Withdrawn .;
Mr. Jonathan Wade v. John Fuller. For withholding 4li., which he undertook to pay in behalf of John Andrews. Mr. Jonathan Wade acknowledged that a bill of 5li., which he had of John Ful- ler, was burned. Found for plaintiff. Defendant appealed to next Court of Assistants. Sureties : Mr. John Fullar and John Redmon. §
John Eyer, || constable of Haverhill, by attachment of a yoke of steers.
Ephraim Davis and William Deale of Haverhill, sureties for Whittiker. Wit : Richard Littlehale. || Dated, Mar. 11, 1658.
*Writ : John Godfry v. Abraham Whitticker and Edward Clark ; dated, Mar. 12, 1658; signed by Richard Littlehale, | for the court ; and served by John Eyer, || constable of Haverhill.
Edward Clark || appointed Theophilus Shatswell of Haverhill, his attorney. Wit: George Hadly|| and Haniell Bosworth. ||
+Writ : John Godfrye v. William Symons and Samuell Sy- mons ; slander ; dated, Feb. 4, 1658; signed by Robert Lord, | for the court ; and served by John Eyer, || constable of Haverhill.
Abraham Whitticker T and William (his mark) Symons, sureties for appearance of Samuel Simons. Dated, Mar. 11, 1658. Wit : Richard Littlehale. ||
Theophilus Shatswell and James Davis, jr., sureties for William Simons. Dated, Mar. 11, 1658. Wit : Richard Littlehale. ||
Bill of charges for William and Samuel Simons, 2li. 18s. 1d. .
ĮOn Nov. 26, 1656, John Godfry of Haverhill sold to Abraham Whitticker of Haverhill, a yoke of oxen for 14li., to be delivered to Godfry at the now dwelling house of John Davis at Newbury, the sum to be paid in wheat in three yearly instalments. In case said Whitticker did not like the oxen when he saw them, Godfry was to take them back, and Whitticker agreed to pay for the writing of the agreement and to give Godfry a quart of wine. Wit: Richard Littlehale and Mary Littlehale. Copy made by Robert Lord, | 20: 9: 1658. This bond was to be paid at the now dwelling house of Abraham Whitticker, or aboard the vessel, at Godfry's choice.
§Warrant served on John Fuller of Ipswich to appear on complaint of John Andrews; dated, Mar. 24, 1658; signed by
ll Autograph.
TAutograph and seal.
145
RECORDS AND FILES
1659]
Thomas Flint v. Richard Shattswell. Replevin of a stone horse. Verdict for defendant.
Mr. Robert Payne v. Elder John Whipple, agents or assignees of Richard Saltingstall, Esq. v. John Andrews. For rents due to said Richard. Verdict for plaintiff .*
Robert Lord,t for the court; and served by Edward Browne,t marshal.
John Fuller acknowledged in court that Mr. Wade told him when he tendered the bill of ten bushels of barley that the bill of five pounds was cancelled, " but he sayd he did not believe yt then, nor doth he believe yt yet." Court ordered this to be kept on record.
John Fuller's bill of charges, 9s. 9d.
Jonathan Wade's bill of charges, 1li. 18s. 3d.
Jonathan Wade'st acquittance to John Fuller, both of Ipsidge, Mar. 18, 1658, to be delivered upon payment. Wit: Jonathan Wade, jr., t and William Auerell.t
Jonathan Wade, jr., and William Auerell testified to being present as witnesses in John Fuller's house. Sworn in court at Ipswich, Mar. 29, 1659.
John Andrews, jr., aged about thirty-one years, testified. Sworn in court at Ipswich, Mar. 29, 1659.
Samuell Ayres testified Mar. 31, 1659, that he heard Fuller tender Wade the barley in deponent's house, etc. Sworn in court at Ipswich, Mar. 31, 1659.
John Redman and Thomas Bridgdon deposed. Sworn in court at Ipswich, Mar. 29, 1659.
Jonathan Wade, jr., deposed that on or about Mar. 15, 1657, John Fuller came to the house of his father, Mr. Jonathan Wade, and desired that he might be debtor to him instead of John Andrews in the sum of 4li., which amount might be deducted from said Andrews' account. Fuller agreed to pay 5li. in wheat, but Wade said he could not afford it. Fuller replied that he could well afford it, etc. Sworn, Mar. 29, 1659.
Jonathan Wade, jr., testified, 31: 1: 1659, that about 10: 1: 1659, John Fuller tendered a bill to his father, Jonathan Wade, of ten bushels of barley in part payment of what he owed. The latter refused to accept it, but demanded the four pounds with just interest. Sworn in Ipswich court, Mar. 29, 1659.
Samuell Ayres testified that Mr. Wade expected no more than the principal, etc. Sworn in Ipswich court, Mar. 29, 1659.
*Writ : Mr. Robert Paine and Elder John Whipple, agents or assignees for Richard Saltingstall, Esq. v. Corp. John Andrews ; dated, Mar. 24, 1658 ; signed by Robert Lord,t for the court; and served by Edward Browne,t marshal.
t Autograph.
#Autograph and seal.
146
IPSWICH QUARTERLY COURT
[Mar.
Humphry Griffen v. Mr. Robert Payne, executor to John Ward. Review. Found for defendant .*
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