USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 27
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257
RECORDS AND FILES
1660]
would not serve a warrant that came to him from Major Generall Denison, and for speaking reproachfully concerning him, as ap- peared by several testimonies .*
*Warrant to the constable of Gloacester, dated, Oct. 3, 1660, to return Mary Soames, John Jackson's maid servant, to her master, said constable having, without warrant, taken her away from his service, and, if she refused, to bring her before Daniel Denison ;} also to notify Goodman Jackson to appear to make good his claim. " Right worshipfull these few lines may let you Understand that I delivered your warrant to the constable and I herd nothing from him untill he served an atachment upon me and then he told me that he would not looke after the maide neither bring her exept I would pay him for it then William Vinson said you could fech away the maid without a warrant and cannot you bring her againe and he answered he would doe it if it were to doing againe and if he might not be upholded they might take the stafe againe if they would : and the constable sayth he cannot find the maide but we heare the maid is in towne since he had the warrant so hauing no more to to troble your worship doe rest your obliged
" John Jackson, senior.t " from Gloster the 11 of october 1660."
John Emersont and William Brownet testified that there had been a solemn and serious complaint made to them by divers neigh- bors of John Jackson, sr., concerning the ill-behavior of said Jack- son toward his maid, Mary Somes, who said they feared that as soon as Goodwife Jackson heard that the maid had made a com- plaint against her husband, she would either murder the maid or inflict a deadly wound. And "the sayd persons also having told us that they had now discharged their consciences & that they could not be at quiet till they had told us for fear of what would follow & now they left it wholly with us. Upon this serious Com- playnt & information we could not but out of conscience informe the Constable John Peirce & leave it with him to take some speedy course for the prevention of any such mischeife and moreover we told him that if any such mischief did follow through the neglect of any speedy course that hee might take before the sayd Goodw : Jacks[on ] came to heare of her mayds Complaynt against her Hus- band we had now discharged our consciences and thought it would wholly lye upon himselfe."
John Jackson, jr., aged about thirty years, deposed that when John Pearce went into his house two or three days after he had the first warrant, deponent asked him why he did not prosecute and take up the maid according to his oath, and he replied that he would not make nor meddle nor look after her. Then deponent asked him whether it were not a special warrant, and he said what
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258
SALEM QUARTERLY COURT
[Nov.
Whereas there was housing and land in the town of Wenham leased out for several years to come to Richd. Coy of said town,
did he care for that. "Then I told him that he could take up my father and the maide without a warrant : And he said he would doe it againe if it were to doe: I said unto him againe that it was more then he could answear And he said that he would take up the majore if he had don such a thing and if the law would not beare him out : they should take the Black stafe & hang it up to the mantle tree : But aside he if you will be bound that your mother should pay me I will goe and take her up by and by." The constable said he would not budge out of doors to look for her, unless deponent paid him, etc. Deponent further testified that when he brought the last warrant from the Major-General, and read it to the constable, the latter looked up into his face, and said, " it shall be the worst dais worke that euer thee didst in thy life; " he told deponent that the maid was aboard Mathew Coe's boat, and he could not bring her because they threatened him, but if he would give him money to hire help, he might get her. When he had finished speaking, they saw her coming ashore, and the constable ran out and took her up without the staff. Sworn in court, 28 : 9 : 1660, before Hillyard Veren,* cleric.
Mehetabell Collens, aged about twenty-two years, deposed that she was at John Jackson's house on business when John Pearce called, etc. Sworn in court, 28 : 9 : 1660, before Hillyard Veren,* cleric.
Elnor Jackson, aged about fifty-eight years, deposed that after she gave John Pearce the warrant, etc.
Osman Duch and William Browne testified that the constable looked for Mary Soames on Oct. 12, 1660 and on Oct. 15, took her to the Major-Generalls [Denison's] house, when the sun was about two hours high in the morning.
William (his mark) Linkehorne testified that Goody Jackson, sr., went with the Major's warrant to the constable of Gloaster, on Oct. 10, 1660, the sun being about one hour high in the evening, and said to the constable " here is a papper for you," and ran away as fast as she could.
John Collens, jr., aged about twenty-four years, deposed that he heard John Pearce say that he would not get the maid, unless he were paid, "for said he, what shall I goe to Ipswich to the Major to looke for my pay." Sworn in court, before Hillyard Veren,* cleric. He further deposed that he heard the constable say that Mr. Symons said that the constable should carry the maid to her father's and keep her there till the court, but now he would not own it in the court.
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259
RECORDS AND FILES
1660]
which property belonged to Walter, John and Benjamin Fairefeild, the court ordered that said tenant should not use any timber growing upon the said land, except what was necessary for use in repairing of housing or fences.
Isaack Cooke fined 10li. for rashly shooting off a gun and dan- gerously wounding Lt. Tho. Lothrop. Court ordered that he pay 5li. of the fine to Lt. Lothrop, and one-half of the remaining 5li. was respitted until the next Salem court .*
Inventory of the estate of William Golt, deceased, was brought into court by the widow. Amount, 23li., clear, besides the debts. The children, Rebecka, Deborah and Sara, were allowed 4li. each? and were to be paid in such goods as were inventoried, when they became of age or were married.
Christopher Codner, dying intestate, an inventoryt was brought in and sworn to by Mary, the widow, and allowed. Amount, 152li. Mary Codner, the widow, appointed administratrix, and the court ordered to be paid to Christopher, son of said Cristopher, de- ceased, 60li., and to the daughter, 30li., when each reached the age of twenty-one years, or were married ; when the said widow mar- ried, she was to give security for her said children's portions.
*Summons, dated, 28: 9: 1660, served on Isaack Cooke, and also Theodore Price and Isaack Williams, as witnesses, by William Flint, ¿ constable of Salem.
tInventory of the estate of Cristopher Codnor, deceased, taken by John Devorick and William Nicke: House and land, 60li. ; a Coubourtt & boxe and beadstead, 3li. 5s .; table & frame & 4 gine stoolls, 1li. 2s. 4d. ; arthen ware, as potts & panes & such licke, 15s. ; 2 barrells, 4s. 6d., one Cheast, 4s., 8s. 6d .; one skillett, one warm- ming pane, dusen of treshners, one ladell & one lantorn, 2li. 6d. ; wooding ware, as tubbs & trayes, 28s. 3d. ; 3 potts & 4 yiorn hookes, 2li. ; hoges & axksesse and a sawe, 8s .; 4 Charges and pease of lathour, 12s .; one kittell, one floske bead & boulster, 1li. 14s. ; put- ter, 3li. 20s .; 2 ruggs, 3li. 5s. ; one pare of holland sheats, one table Cloth, 2li. 5s. ; 7 pillobrs, drayers, 1li. 8s. ; 5 sheattes, 2li. 5s. ; one bead & boulster, 1li. 16s. ; Curttaings & vallings & Cobbartt Cloth and Cushenghs, 2li. 5s .; 3 pare of blancketts, 4li. 5s .; a bead, 2 pillowes and boulster, 3li. 3s. 6d .; one Cheast, a wheall, pare of tongs, 2 basketts, 1li. 2s. ; pease of sargh, 4 yd. of holland, 8 yd. mo- heare, 4li. 6s. 8d. ; 8 yards of ttamme, 1li. 8s. ; his waring Cloaths, 9li. 17s .; 15 swings, 15li .; 2 Cowes and a heffer, 11li. 10s. ; in detts which is due to me, 10li. 17s. ; total, 151li. 9d. A daught. 5 yeares old, her name Mary, 30li .; Christ., 3 yeares old, 60li.
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260
SALEM QUARTERLY COURT
[Nov.
William Ellett, dying intestate, an inventory of his estate was brought in by the widow, and the court allowed it. Amount, 55li. 8s. 6d., clear estate, besides debts. Court ordered that Sarah, daugh- ter of said Ellett, have one-half the estate, when she became of age or at time of marriage, and the house and land mentioned in the in- ventory was bound for the child's portion. Sara, the widow of said Ellett, and James Bedde, her now husband, were granted power of administration on the estate.
Writ : Frances Pebody, in behalf of the town v. Richard Kim- bole, in behalf of Mr. Gote and Thomas Fisk, being partners with him ; for not paying rates due the ministry, by virtue of his hiring Mr. Brodstreet's farm ; dated, Nov. 19, 1660 ; signed by John Red- ington,* for the court ; and served by Robert Gowin,* deputy to the constable of Wenham.
Writ : Selectmen of Lyn v. Richard Blood; for not giving in an account to the said selectmen of a rate of 24li. 6s. 10d., delivered into his hands, on 25: 11: 1658, to collect for the town's use, for which labor he was to have 20s .; dated, 5:8: 1660; signed by William Longley,* for the court; and served by William Bartrum,* constable of Lyn, by attachment of the house and land of Richard Blood .*
Writ: Martha Halfield v. Richard Brabrooke; debt for rent ; dated, Nov. 8, 1660; signed by Robert Lord,* for the court; and served by Robert Lord,* marshal of Ipswich, by attachment of wheat and barley in the barn.
Writ : William Story v. Edward Bragg ; for withholding one par- cel of land, it being part of the farm which plaintiff bought of Henry Archer; dated, Nov. 20, 1660; signed by Robert Lord,* for the court ; and served by Robert Lord,* marshal of Ipswich, by attach- ment of land.
Writ : John Williams v. Ambrous Butland and Daved Grigory ; for non-performance of an agreement; dated, Oct. 25, 1660 ; signed by Francis Johnson,* for the court; and served by Joseph Dalla- ber,* constable of Marblehead.
Writ : John Hathorne v. Robert Skiner; debt; dated, Oct. 10, 1660 ; signed by William Longley,* for the court; and served by Rich. Wayte,* marshal of Boston, who committed him to prison.
Writ': Francis Usselton v. Cornelius Waldo; for not satisfying him for a parcel of wheat and swine he received of plaintiff ; dated, Oct. 9, 1660 ; signed by Daniel Denison,* for the court ; and served by Robert Lord,* marshal of Ipswich, by attachment of land lying about defendant's house.
Writ : John Hathorne v. Thomas Looke; debt; for withholding *Autograph.
261
RECORDS AND FILES
1660]
Henry Phelps, being bound to this court to answer a complaint for keeping company or in the house with his brother's wife, and appearing, was released of his bond. Upon further consideration and examination of some witnesses, which the court did not see meet for the present to bring forth in public, and the wife of Nicholas Phelps not appearing, said Phelps was bound to the next court at Salem. He was ordered meanwhile to keep from the company of his brother Nicolas Phelps' wife .*
four pounds or a cow; dated, Nov. 3, 1660; signed by William Longley, t for the court; and served by William Bartram,t consta- ble of Lyn, by attachment of five pounds in the hands of John Lewis, which belonged to said Looke, and also ten acres of land.
Writ : John Hathorne v. Thomas Looke and Joseph Armitage ; debt ; dated, Nov. 3, 1660; signed by William Longley,; for the court ; and served by William Bartrum, constable of Lyn, by at- tachment of the dwelling house of defendant.
Writ : Selectmen of Lyn v. Estate of Thomas Chadwell; debt ; dated, 19: 9: 1660; signed by William Longley,t for the court; and served by William Bartrum,t constable of Lyn, by attachment of barn of defendant.
Writ : John Northy v. John Brimblecome; for taking away his collar from his mooring to the danger of his boat; dated, Nov. 22, 1660 ; signed by Francis Johnson, t for the court; and served by Joseph Dallabar, ¡ constable of Marblehead.
Writ: Mary Codnor, widow v. Grigory Castell ; for withholding a debt of 49s. 7d .; dated, Nov. 20, 1660 ; signed by Fra. Johnson,t for the court ; and served by Joseph Dallaber, t constable of Marblehead.
Writ : John Codnor v. John Northy ; trespass ; for mooring his boat on the plaintiff's mooring to the latter's great damage ; dated, 22 : 9 : 1660 ; signed by Francis Johnson, t for the court ; and served by Joseph Dallaber,¡ constable of Marblehead.
Venire to constable of Wenham, Oct. 23, 1660, for grandjury man, served by Jon. Dodg, jr.,t constable, who returned the name of Phinehas Fiske for the grand jury, and Richard Hutton for the jury of trials. Jon. Polin was chosen constable.
Writ : Giles Barge v. Henry Muddle ; slander ; calling him base rogue and saying he could prove it; dated, Sept. 25, 1660; signed by Robert Lord,t marshal of Ipswich; and served by Anthony Day,¡ deputy marshal of Ipswich.
Samuell Elwellt and Thomas (his mark) Jons, jr., of Glossester bound, Oct. 26, 1660, to Antony Day of Epswegh for Henery Mud- dell's appearance at next Salem court. Wit : William Brownet and Thomas (his mark) Prince.
*Henry Phelps, of Salem, was complained of at the county +Autograph.
262
SALEM QUARTERLY COURT
[Nov.
John and Danyell Sothwick brought in a will* and an inven-
court at Boston, July 31, 1660, for beating his son, John Phelps, and forcing him to work carrying dung and mending a hogshead on the Lord's day, also for intimacy with his brother's wife and for entertaining Quakers. It was ordered that John Phelps, the son, be given over to his uncle, Mr. Edmond Batter, to take care of him and place him out to some religious family as an apprentice, said Henry, the father, to pay to Mr. Batter what the boy's grand- mother left him, to be improved to said John Phelps' best advan- tage. Said Henry Phelps was ordered to give bond for his good behavior until the next Salem court, and especially not to be found in the company of Nicholas Phelps' wife, and to answer at that time concerning the entertaining of Quakers. Copy of judgment, made by Edward Rawson,t recorder. Sureties : Tho. Joy and Nicholas Phillips. Copy of bond, made by Edward Rawson,t re- corder.
Henry Phelps bound for appearance at the next Salem court. Copy of Ipswich court record, made by Robert Lord, t cleric.
*Will of Lawrence Sethick, late of Salem, "now at the house of Nathaniell Silvester on Shelter Island," dated, 10: 5: 1659, was proved 29 : 9:1660:
" First I giue and bequeath vnto my Sonne Daniell Sethwick my dwelling house at Salem wth all the houses Orchards gardens & appurtenances, And Gyles Lott, Provided that John Burnell shall haue a house lott on the ground at the further end of the Orchard newly fenc't in. Item my will is That the lott wch I had of Jo- siah Sethick shall returne to him againe Item I giue vnto my Daughter Provided fifty pounds sterl to be payd out of ye stock of Cattle & horses &c Item I giue vnto John Sethick the lott next adioyning to his owne Item my will is That the great meadow wch lyes at Ipswich river fenc't in shalbe divided betweene Daniell Setheck and John Burnell equally. Item I giue vnto Samuell Burton forty shillings. Itm I giue vnto John Burnell if he stand faythfull in the Truth 2 young steeres & ye first mare foale Item I giue vnto Henry Traske Marshalls lott ioyning to his Orchard, Provided that Daniell may haue liberty to mow a load of Hay euery yeare therein Item I giue vnto Mary Trask my daugh- ter wife to Henry Traske Tenne pounds sterling I giue vnto Deb- orah Setchwick and young Josiah each of them fifty shillings sterling Item I giue vnto Ann Potter forty shillings in what shee thinks is beneficiall for her. I giue vnto Mary Trask daughter to Henry Traske one good serge suyt of clothes and vnto Sarah and Hannah Trask, each of them a suit of clothes I giue and be- queath vnto Samuell and Sarah John Sethicks children to each of them thirty shillings sterling. Furthermore my will is That Dan-
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263
RECORDS AND FILES
1660]
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tory* of the estate of their father, Lawrence Sothwicke, deceased, with a certificate of the children's consent to the division, accord- ing to said will, all of which were allowed.
Mr. Georg Corwin fined for not appearing to serve on the jury of trials, having been warned.
Tho. Goldthwrite and Tho. Rootes, late constables of Salem, brought in their accounts for expenses during their service as con- stables, for " hughin cryes," sending several persons to prison, etc. The court allowed Tho. Golthwrite, 38s. 4d., and Tho. Rootes, 3li. 9s. 3d.
Georg Keser had his fine of the last court respitted one-half, until the court took further order.
Peeter Duncan was licensed to sell strong waters, as other shop- keepers who were licensed sold it.
Mr. Gedney's licenses renewed for the year ensuing.
William Bennet was allowed 2s. for witness fees in a present- ment.
Servants of the house were allowed 6s. for their pains.
Peeter Palfery formerly married Eliza, the wife of John Fayre-
iell, my sonne and Provided my daughter shall possesse and enioy all that wch remaynes of my estate after debts and legacies payd, and my will above-mentioned fulfilled equally to be divided be- tweene them, So that Daniell may have that part wch belongs to husbandry. Lastly my will | is | that in case my wife surviue me she shalbe my executrix, and keep all in possession during her life, and after her decease my will to be performed according as is aboue expressed ; And I doe ordayne William Robinson and Tho: Gard- iner to be overseers of this my last will and Testament." Lawrence (his mark) Sethick.į Wit: Nathaniell Sylvester, ; Thomas Harrist and Willm. Durand.t
*Inventory of the estate of Lawrence Southick, taken by Wil- liam Robbinsont and Thomas Gardner :t House and land adjoin- ing, 36li. ; 25 akers of Land in the north Neck, 20li .; 4 Akers of medoe lying by Ipsige river, 12li. ; the Lott lying by John South- ick's, 6li .; 4 Oxen, 26li .; 3 Cowes, 14li .; 3 young Cattle, 10li. 10s .; 2 Calves, 1li. 10s .; a mare and horse, 28li .; one horse, 9li .; 19 Swine, 20li. ; 8 Sheepe, 3li. 14s .; one Cart and other Plowgeere, 2li. 10s .; 2 beds, 2li .; 3 blankets, 1li. 16s .; 3 sheets, 1li. ; 1 ketle, 1li. 8s .; 1 Iron pott, 10s .; Armes, 1li .; a Table & Coberd, 1li .; 1 barel, 2s .; other Lumber, 10s .; total, 196li.
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264
SALEM QUARTERLY COURT
[Nov.
feild, deceased, who was then possessed of that estate that her husband Fairefeild left. When she married said Palfery, she did not give bond for security of the children's portions, according to the will of her deceased husband, by which the children were not to have their several portions until Benjamin, the youngest, reached the age of twenty years. Said Palfry desired to be re- leased from the charge of said estate. The court ordered, Palfery and the children, Walter, John and Benjamin being present, that, notwithstanding there were some things in the will difficult to be understood, all housing and land of said Fairefeild mentioned in the will should be equally divided among the children, all parties having consented. Palfery was further ordered to pay out of the goods that he had with his wife, Eliza Fairefeild, to the value of 40s. to Walter, the eldest son, which was to be understood to be more than about 3li. which he formerly received of said Palfery. John Fairefeild, the second son, being under age, chose his broth- er, Walter, to be his guardian, and Benjamin, being about fourteen years of age, chose his father-in-law, said Palfery, as guardian, and agreed to live with him until he reached the age of twenty years, Palfery teaching him to read and write.
Bill of presentments, brought into court, 26 : 4: 1660, and now appearing, were adjudged as follows :
Elizabeth Kitchin, the wife of Anthony Needham, and the wife of Georg Gardner were fined for twenty days' absence from the public ordinances ; Goodwife Buffum, the wife of Jon. Sothwick, and John Smale, for twenty-six days' absence; the wife of Sam- uell Shattock, for twelve days' absence, and Danyell Sothwick, for thirty days' absence. Summons served, June 27, 1660, by Tho. Roots, constable of Salem.
The wife of Robert Stone was convicted of frequently absent- ing herself from public worship; and the wife of John Smale, the wife of Phillip Veren, John Burten and Jon. Hill, being pre- sented for the same offence, and not proved against them, were. dismissed.
Jon. Smale, jr., being presented for saying that Mr. Higginson preached damnable lies, which could not be proved, was dismissed .*
* Wit : Isack Cook and Hewgh Johnes. Summons served June 28, 1660, by Tho. Roots; and Tho. Gouldthyte,t constables of ¡Autograph.
265
RECORDS AND FILES
1660]
James Bede was fined, upon his presentment, for being drunk .*
Writ : John Hathorne v. Edward Colcord; debt for 6000 ft. of boards; dated, May 1, 1661; signed by Will. Longly, for the court ; and served by Richard Wayte, marshal of Boston. Georg Halsell, surety.
Salem, whose return stated that said Smale could not be found.
Hugh Joanes and Isaack Cooke, aged upward of twenty years, deposed that about two months since, etc. Sworn in court, before Hilliard Veren,¡ cleric.
*Wit: Mr. Roger Conant and his wife and Zachery Herricke. James Bedde was " marryed of late to the widdow Ellot."
Bill of presentments, dated, Nov. 29, 1660, signed by Nathaniel Felton, t in the name of the rest :-
Katherine, wife of Willyam Kinge, Sarah, wife of Robert Stone, Hanna, daughter of John Burton, Damaris, daughter of Joseph Pope, An, wife of Anthony Needham, Saml. Gaskin, John Smal, the wife of Josiah Suthwicke, Philip Veren and his wife, the wife of Nicholas Phelps, the wife of John Suthwicke, the wife of Richard Gardiner, the wife of George Gardiner, for frequent absence from the public ordinances. Wit: Henery Skerry, John Neale, Saml. Eburne and Nathaniel Felton, jurors. Summons issued, 10 : 9: 1660, to constable of Salem.
John Smal, sr., Philip Veren, the wife of Robert Buffum, Saml. Gaskin, Daniel Suthwicke, Saml. Salmon, the wife of Mr. Thomas Gardiner, sr., and the wife of Richd. Gardiner, for assembling themselves at a Quaker meeting upon the Lord's day. Wit: Ed- ward Gaskin and John Bly. Summons issued, 10: 9: 1660, to constable of Salem.
Nicholas De Cane, for living from his wife. Wit : Henery Herricke and Henery Skerry.
Richard Midleton, for stealing a scarf from John Putnam's house. Wit : Bethiah, wife of Joseph Hutcheson. Also for stealing a bridle-bit from Mr. Gidne, and for his obstinate lying and denying the same. Wit: Richard Hutchison and John Put- nam.
Venire to constable of Salem, 10: 9: 1660, for men for the grand jury and jury of trials, served by Benjamin Feltont and William Flint, t constables, who returned the following names for jury of trials : Mr. Jeorg Corwin, Tho. Puttman, Mr. John Gardner, Elias Mason, Isaack Williams, Tho. Robbins and Robt. Lemon.
Venire to constable of Lynn, Oct. 23, 1660, served by William Bartrum, t constable, who returned the names of Hue Burt, Mr. Reedinge, Mr. Adam Hawks and William Meriam, for the grand jury, and Ensigne Fuler, Mr. John Hathorne, Robert Burges, Al- len Bread, jr., and Theophilus Bally, for the jury of trials.
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266
IPSWICH QUARTERLY COURT
[Mar.
COURT HELD AT IPSWICH, Mar. 26, 1661.
Judges : Mr. Symon Brodstreet, Mr. Samuell Symonds, Major Genrll. Denison and Major Will. Hauthorne.
Jury of trials : Mr. John Appleton, Edward Chapman, James How, Mr. James Chute, Will. Wyld, Abr. Tappan, John Poore, Robert Addams, John Tod, Will. Boynton, John Mighill and Frances Pabody.
Renold Foster sworn constable for Ipswich for the year ensuing. Civil cases :-
Sergt. Rich. Jacob v. William Averill. Forfeiture of a bond for non-performance of a covenant about a piece of building .*
William Flint,t constable of Salem, returned the names of Lt. Tho. Lawthrope, Henry Herick, Henry Skery, Jno. Neale, Samll. Ebourne, Nath. Felton and Tho. Deacon, for the grand jury.
*Writ, dated, Mar. 18, 1660, signed by Robert Lord,t for the court, and served by Robert Lord,t marshal, by attachment of a cow and the barn with all the ground thereabout.
Contract made, Sept. 27, 1659, with William Averell,¡ carpenter, by Richard Jacob, both of Ipswich : Said Averell was to erect a building 18 feet square and 13 feet stud, to provide clapboards and shingles for the said building and to lay them; to lay three floors with joist and board ; to " make 4 windows too stole windows of 5 Lights apeece and to Claristory windows of 4 Lights apeece also a garret window to Casments betwene studs pertitions and dors to Close the Roms Compleat as allso to Remoue A Little Rome and Close it to his house and mak it tite betwene allso to make a table and frame of 12 or 14 foot Long and a joyned forme of 4 foot Long and a binch Behind the table." The amount paid was twelve pounds, and Averell agreed to have the work completed by the last of August. Said Jacob agreed to draw all the timber and board for the covering and to send convenient help to raise frens and and boards and nails. Said Averell was to make good all timber which was found defective through him, so as to have the house substantial. Wit: John Appletont and John (his mark) Gage.
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