USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 31
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*Autograph.
296
SALEM QUARTERLY COURT
[June
Kelecrist Ros deposed that upon a Sabbath day night before the last March court, he heard William Douney tell Mistress Symonds that he would get free if he could, when he had served seven years. Further, he heard William and Philip tell their master on the morning that the constable came for them, that if he would pay them for their time until Salem court, they would stay with him, but Symonds refused unless they would give security. When their master first brought them home, deponent asked William what Philip's name was and he said it was Philip. Sworn, June 24, 1661, before Daniel Denison .*
John King deposed that he " with divers others were stollen in Ireland, by some of ye English soldiers, in ye night out of theyr beds & brought to M' Dills ship, where the boate lay ready to receaue them, & in the way as they went, some others they tooke with them against their Consents, & brought them aboard ye said ship, where there were diuers others of their Country men, weep- ing and Crying, because they were stollen from theyr frends, they all declareing ye same, & amongst ye rest were these two men, William Downeing & Philip Welch, and there they were kept, un- till upon a Lord's day morning, ye Master sett saile, and left some of his water & vessells behind for hast, as I understood." Sworn in court, 26 : 4 : 1661, before Hilliard Veren,* cleric.
John Downing testified that William Downing and Phillip Welch, with several of their countrymen, were taken up and stolen by the ship master or some one whom he hired. The ship- master, George Dill, was fain to go away and leave his water and much of his provisions behind for fear the country would have taken them from him. Sworn, June 24, 1661, before Daniel Denison .*
John Downing further made oath that he knew that he and three or four others of his townsmen were taken up by force ; that he did not know the two parties in question, but they said in the ship that they were stolen and brought by force.
Naomy Hull, aged twenty years and upward, deposed that one night before her master Symonds' servants, William and Philip, were arrested by the constable, they came into the parlor to prayer with the rest of the family, and Philip asked if Goodman Bragg's son was coming to plow tomorrow. Her mistress said she thought so, that he said he would consider it. Philip then asked who would plow with him and her mistress said, " One of you." Philip said, " We will worke with you, or for you, noe longer. Then said my mr, is it soe ? What will you, play? Then both of them stood in it & expressed that it was soe, & that they had been with you (speaking to my master) longe enough. we have served you seaven yeares, we thinke that is longe enough ; Then said my mª But we must not be our owne Judges ; and said my mr you must
*Autograph.
297
RECORDS AND FILES
1661]
Mr. Frances Dane and Elizabeth, his wife v. John Godfery. Slan- der or defamation. In saying that Mrs. Dane would have given him five pounds to take a false oath, etc. Verdict for plaintiff .*
worke for me still, unles you run away. Then said william, we scorne to run away. Then said Philip, we will goe away, & leave you before your faces. Alsoe they did both speak to this purpose ; If you will free us, we will plant your corne, & mende your fences, & if you will pay us as other men, but we will not worke with you upon the same termes, or conditions as before. (And this was upon mris lake her asking of them why they would offer at such a tyme to goe away mentioning some words how my masters busines did lye my mris having alsoe said, let them alone ; now they are speaking let them speak their owne myndes) whereupon they answered as before. When my master had said come let us goe to prayer, Philip said you may go to prayer ; we will speake more in the morning. And towards the end of ye discourse upon some oc- casion or question both answered & said it is soe, it is soe, they appearing resolute to leave my master as they had said. In the morning when the constable was at my masters howse (about the arrest) motion was made by the constable, or one that was with him, tending to pswade my master to let them alone, saying surely they will goe on in your busines. my master answered noe ; unles they be secured." Sworn, June 15, 1661, before Daniel Denison. t
Mrs. Margaret Lake testified to the same, and also that Philip said in the morning that if his master would give him as good a portion as any of his children, he would serve out his time. Sworn, June 15, 1661, before Daniell Denison.t
Martha Trotter testified the same as Naomi Hull, and also that one of the Irishmen said one night that they would stay no longer unless their master showed them some other grounds. She heard Philip say to his mistress that now they had served seven years, they were under no authority of the country, etc. Sworn before Daniel Denison.f
Ralph Dix, Richard Nicolls and Samuel Younglove, deposed that they went with the constable of Ipswich, when he served the war- rant on the two Irishmen, and that one of the latter asked to see by what authority he kept them. Mr. Simonds said if the consta- ble would stay he would see, and he produced a writing, which, he said, was all he had to show for them. Sworn, June 23, 1661, be- fore Daniel Denison.
*Bill of costs, 1li. 5s. 1d.
Goodwife Rus deposed that John Godfre said that Mistress Dan would have given him five pounds to swear falsely against depo- nent, etc. Sworn, 21 : 4 : 1661, before Simon Bradstreet.t
John Rus, aged about nineteen years, deposed that Mistress Dane tAutograph.
298
SALEM QUARTERLY COURT
[June
Phillip Nelson, executor of Mr. Joseph Juet, deceased v. Tho. Perry. Appeal from the judgment of the commissioners of Wen- ham, given the first second day : 4: 1661. Verdict for plaintiff, the former judgment reversed .*
John Godfery v. Richd. Ormsby. Debt of 5li. 15s. in corn.t
cried for madness because she could not have her will with his mother, Goodwife Russe, etc, Sworn, 23: 1: 1660, before Simon Bradstreet.#
John Russe, sr., deposed concerning what John Godfery said to his wife, etc. Sworn in court.
* Antipas Newman deposed that he heard Jno. Tod at one time and Ezekell Northend at another time acknowledge that they were bound with Mr. Jewet to satisfy Jno. Godfree for what Thomas Perry was indebted to the said Godfree. Sworn, 17: 4: 1661, before Samuel Symonds.#
Philip Nellson'st reasons of appeal : First, because they gave more damages than the plaintiff sued for ; second, they decided the case against him without sufficient evidence; third, because the damages exceeded 40s. which was contrary to law; fourth, there was no proof of the receipt of it by Mr. Jewett, except by John Godfry, whom they do not consider a competent witness both in re- spect of his credit and because he spoke from hearsay ; fifth, it was not sued for till now, and there having been much dealing between Mr. Jewett and said Perry during the past eight or nine years, if there had been anything due it would have been discounted in his life time.
Philip Nelson's bill of costs, 1li. 6s.
Copy of the records of the commissioners of Wenham, 2: 4: 1660, attested by Charles Gott,# Phinehas Fisket and Robert Goweing :¿ Thomas Perry v. Phillip Nelson, executor to Mr. Jewet. Debt. For four bushels of wheat delivered to Harrdses boat for the use of Mr. Jewet. Verdict for plaintiff.
John Emery, sr., deposed that about eight or nine years ago, Thomas Perry brought a parcel of about eight or nine bushels of wheat and eight bushels of rye to his house to be delivered to Mr. Jewet and John Tod, and when Harrdses boat came to gather up corn at Newbery, deponent delivered the said wheat to Mr. Jewet's account and the rye to John Tod's, etc.
John Godfry deposed that Mr. Jewet told him that he received the wheat, but that Perry owed him a great deal more.
John Emery, jr., deposed.
Phillip Nelson's bond.
+Writ, dated, Apr. 22, 1661, signed by Daniel Denison,¿ for the court, and served by Joseph French,¿ constable of Salisbury, who
#Autograph.
299
RECORDS AND FILES
1661]
John Godfery v. Richd. Ormsby. For defaming his name in taking oath that plaintiff offered him money several times to swear falsely for him. Withdrawn .*
William Cresy v. Mordecaie Larcum and Elizabeth, his wife. Slander. In saying that he would have come to bed to said Eliza- beth. Verdict for plaintiff.t
committed Richard Ormsbey to prison at Ipswich. Joseph French; appointed William Buswell, his deputy.
Copy of Richard Ormsby's bond to John Godfery, dated, Mar. 26, 1661, to deliver before Apr. 20th, Indian corn to the value of 5li. 15s. Wit : Anthony Somerby and Job Tyler. Copy made by Hillyard Veren, ¿ clerk.
Richard Ormsbee's bill of costs, 10s.
*Warrant, dated, June 19, 1661, to Richard Ormsbee to answer complaint of John Godfrey, signed by Richard Littlehale,; for the court, and served by Joseph French,¿ constable.
+Writ, dated, June 11, 1661, signed by Robert Lord,# for the court, and served by Thomas Write, ; deputy marshal.
Mordeca (his mark) Larcum's bond. Wit : John Thorndike.}
Henry Baly, aged about fifty years, deposed that being at the house of John West last summer, he heard said West and Goody Lorcome in discourse about a boy of said Lorcom's, whom the lat- ter had let out to Goodman West for that summer. West asked her why she had taken away the boy and she said because he was sick. He answered that if he were sick, he could have kept him as well as she. She refused to let him take the boy again, because he would have learned what would have brought him to hanging. Goodman West told deponent to witness what she said, and upon demanding what it was, she said she would not tell it till she came before authority. This she spoke in the presence of the whole family and they were much troubled, and upon being urged further, she said " aske Thomas Write what my boy told him he saw Joseph West do upon a Lord's day," etc., and then she went away. Good- wife West fell down dead and the whole family was " set on trem- bling as though they were out of their wits." Sworn in court.
Deliverance Frensh, of Glocester, deposed, that, June 27, 1661, being at Goodman Larcum's house, Thomas West, son of John West, and Elizabeth Jackson, maid servant to Goodman West, came in and asked to see Goodman Cresse's boy. Goodwife Lar- cum answered that she would have them know that it was none of his. They told deponent that they had kept reckoning for her, etc. This discourse was about six weeks since, upon the Sabbath day, at night. Sworn in court.
Thomas Bishop# deposed that Goody Larckum lived near his #Autograph.
300
SALEM QUARTERLY COURT
[June
John Andrewes v. Edward Calcord. Debt .*
Robt. Burges and Tho. Farrer sworn constables for Lynn.
Edward Richards sworn clerk of the market for Lynn.
Jon. Neale, Mr. Purchas and Jon. Devorix were fined for not serving on the jury.
Jonathan Calcord, appearing as his father's attorney in a case between his father and Jon. Andrewes, acknowledged that he was under age.
Thomas Marshall had his license renewed for one year.
Robt. Rand took the oath of a freeman.
William Brown was sworn constable of Gloster and Tho. Bishop for Manchester.
house several years and he never knew any light or immodest car- riage by her toward any nor with any. Thomas Burnam deposed the same, she having lived sometime near him.
Aves Chub deposed that she was at Goody Larcum's house and the latter asked her to call in at Goody West's, " so I Cald in there to see how she did, & I told her yt goody Larcum remembred her loue to her, she told me she was a loueing neighbourly woman as shee Conld liue by, & if it had not beene for her she Could not tell what shee should have done." Sworn in court.
Mordecay Larcum deposed that William Creasy came upon a Lord's day following to his house and said he was sorry for what abuse he had offered to his wife and prayed deponent that he would not prosecute against him.
*Writ : Corp. John Andrews v. Edward Colcord ; debt; dated, Apr. 8, 1661 ; signed by Robert Lord, ; for the court ; and served by Robert Lord,t deputy marshal of Ipswich. Robert Lordt appointed his loving father, Robert Lord, his deputy.
John Andrews' bill of costs, 1li. 11s. 6d.
Jonathon Colcordt of Hampton, on June 25, 1660, appointed Joseph Armitage of Linne, his attorney, in two actions brought by John Hathorn and Corporall John Andrews against said Colcord's father, Edward Colcord.
Edward Colcordt of Hampton, on June 24, 1661, appointed his son, Jonathan Colcord, his attorney. Wit : John Eaton, sr., t and John Eaton, jr.t
Edward Colcordt of Hampton acknowledged an indebtedness of 9li. 8s. 6d. to John Andrewes, now of Linn, or to satisfy a debt of 7li. 10s. to Mr. Stannion, which payment of the latter sum, with receipt from Mr. Stannyon, should be his charge for the whole amount. WVit : Roberd Clements. t
+Autograph.
Autograph and seal.
301
RECORDS AND FILES
1661]
Administration upon the estate of Tho. Seeres was granted to Mary, his widow. Inventory* amounting to 79li. 19s. 8d., clear estate, was allowed.
Joseph Armitage v. Oliver Purchass, agent of the Iron works at Lynn. Breach of covenant for not cutting and coaling 1000 cords of wood in the year 1659. Verdict for plaintiff.
Joseph Armytage v. Oliver Purchase, agent of the Iron works at Lynn. Debt. For work which Thomas Looke performed, cord- ing and coaling of wood, said Armytage being his attorney. Ver- dict for defendant.
John Godfery v. Tho. Perry. Debt. Non-payment of twenty pounds in corn. Withdrawu.
Mr. Georg Corwin, administrator of the estate of Roger Tucker,
*Inventory of the estate of Thomas Seers of Newbury, who de- ceased May 16, 1661, taken by William (his mark) Moody, Rob- ert Coker and Anthony Somerby : ¡ The house & barne & two acres and three quarters of land, 48li ; a cow and a Calfe, 5li. 6s. ; three swyne & three pigs, 2li. 8s .; His weareing apparrell, 6li. 14s .; A bedsted, a feather Bed, a Rugg and a blancket, bolster & pillowes, 6li. 10s .; A chest, a forme, table, a cubbard, two spining wheels & two chayres, 1li. 3s .; A tub, a tray, two bowles, two bucketts, & other utensels & lumber, a hayr seive, 15s .; A great brass kettle & little old kittle, 2 little Iron potts & a pr. of pothooks, a bras skil- let & a pr. of Cottrills & tongs & warming pan & frying pan & lamp, 2li. 12s. ; two pewter platters, a pint pot, a pewter bottle & a porringer, 2 tin sawce pans, 13s .; foer wedges, 2 beetle rings, a spade, a shave, a handsaw, 2 hooes, an axe & a pare of wooll cards, 18s. ; a bible, a brush, a smoothing Iron, a flesh hooke, a brass ladle, 10s. In the Chamber : An old bed & blanket and Rug, 1li. 10s. ; A Chest, a box, a meale trough, 1li .; A hogshed, 2 tubs, a bedsted & 2 halfe butts & other Luumber, 17s .; three baggs, 10s .; eight bushells of Indian corne, 1li. 4s. ; thre sheets, 1li. 5s. ; A cov- erlet, 1li. 10s. In the seller : A case of bottles, 4s. 6d. ; three hogs- heads of vineger, 3li .; ten old hogsheads, 1li. ; three small beare tubs, 2 halfe butts, a Coule & other lumber, 1li .; In corne upon the ground, 3li. ; A cannoo, 2 tunnels, a harping Iron, 1li .; total, 93li. Debts : To Heury Jaques, -; Abrah. Tappan, 3li. 5s .; Mr. Gren- leafe, 3li. 3s .; Goodm. Drinker, 1li .; Mr. Woodman, 12s .; Ben. Swett, 10s. ; John Bartlet, 6s .; Capt. White, 9s. 4d .; Rich. Fitts, 5s. ; John Knight, 3s. ; Henry Lunt, 4s .; Peter Morse, 6s .; Robert Coker, 2li. 7s .; total, 13li. 4d. The appraisers made oath, 26 : 9 : 1661, before Hilliard Veren,¡ cleric.
t Autograph.
302
SALEM QUARTERLY COURT
June
deceased, brought in an inventory,* amounting to 9li. 14s., and it was allowed.
John Tutle, William Halsy and John Hathorne, having been chosen Leift., Corporall and Quartermaster, respectively, by the three county troops, the court confirmed said Hathorne, but the other two were referred to the General Court.
Administration on the estate of Isabell Babson, widow, late de- ceased, was granted to her son, James Babson. Inventory, t amount- ing to 27li. 6s., was brought in and allowed.
Tho. Chandler, being chosen sergeant by the military company of Andevor, was confirmed by this court.
Frances Ingolls and John Collens were sworn freemen.
Alce, now wife of Eavan Thomas, and Mr. Will. Bartholmew and Mr. Oliver Purchas, the two feofees of trust, were granted power of administration upon the estate of Phillip Kertland, de- ceased, and late husband of said Alce. Court allowed an indenture or mortgage, together with a schedule annexed, dated, 12 : 2 : 1661, which instrument was made from said Thomas to said Alce, pro- vided the estate be reserved in order that the court may make further proportions to the children out of the said estate. Also,
*Inventory of the estate of Roger Tucker, taken, June 25, 16-, by Francis Johnsont and Moses Mavericke, ; and sworn to by Mr. George Corwin, 28: 4: 1661, before Hillyard Veren,¿ cleric : -ards & halfe of Capp Cloth, £1. 6d. ; [w]ascoat & drawers,
12s. ; - acket & breches grene Cloth, &1; - ew Jackett, 5s. ; - - re of but breches, 9s .; 4 yard Canvas, 1s .; ould things, a Jacket, 2s .; a Jackett & breches, 4s .; canvas drawers, 2s. 6d., a hat, 2s. 6d., a Capp, 6d., a bead Rugg, 2s. 6d., a leather Jacket, 4s., 3 pare ould stockins, 3s., 1li. 2s .; a pare of woosted stockins, 5s .; a pare of green stockins, 4s .; a swash, 2s. 6d., 3 shirts, 12s., 14s. 6d .; 2 silke neckcloths, 4s .; 1 pare linen drawers, 1s .; 2 pare hullinge hands & a pare gloves, 3s. ; 2 pr. gloves more & 2 pare mitiens, 5s. ; 9 newfoundland lines, 13s. 6d .; a barrill meckrill, 1li. 5s .; a Coat his man had, 15s. ; a hancherker, a capp, 2 ould neckcloths, & a capp, 1s. 6d. ; a peare of boots, 6s .; a kittell, 2s. 6d., a bead sacke, 3s., 5s. 6d .; a cheste, 1s. 6d .; total, £9. 14s.
tInventory of the estate of Isable Babson of Glositer, taken, Apr. 9, 1661, by Samuel Delaber; and Phillip Stainwood,¿ and sworn to in court by James Babson, before Hilliard Veren,# cleric : " The vallue of those lands and goods com to twenty seven pounds & six shillings."
#Autograph.
303
RECORDS AND FILES
1661]
the said widow, not bringing in an inventory of the estate of her husband Kirtland, deceased, according to law, was liable to a fine of 5li. for every month's neglect, which the court respitted till the next General Court .*
*John Kyrtland, aged about fifty-two years, deposed that he often heard his brother Phillip Kyrtland say that his wife should have all his property as long as she lived, and he gave 15li. to his daughter, Mary, and 10li. each to his daughters, Sarah, Susanna and Hanna, at the day of marriage. The land was not to be sold as long as she lived. Sworn, 13: 5: 1657, before Thomas Mar- shall,¡ commissioner.
William Harker of Lyn, aged about sixty five years, testified that when Phillip Kartland of Lynn was going to sea, he told him that he had left an estate in the hands of his wife, Alice Kartland, etc. Sworn in court.
" Inventory of the moveable estate which Evan Thomas hath and doth enjoy with and by Alice his now wife; Taken before marriage :" Four Cowes, 4li. pr. peece, 16li .; 2 steers of 2 year and vantage at 3li., 6li .; 2 mare colts of a year and vantage, 16li .; 2 smale swine, 16s. ; 11 wethers and ewes at 14s., 7li. 14s .; Lambs at 8s. p. pc., 2li. ; 57 yds. of Cloth of Cotton and sheeps wool at 3s. 6d., 9li. 19s. 6d .; 19 yds. 1-2, at 22d. p. yd., 1li. 15s. 10d .; 2 yds. 1-2 of Cotton and lyning cloth at 3s. p. yd., 7s. 6d .; 18 yds. of Searg at 6s. 6d. p. yd., 5 li. 17s. ; one peece of Penistone, 11s .; 6 yds. of penistone at 4s. 6d. p. yd., 1li. 7s. ; 2 yds. of stuff at 4s. p. yd., 12s .; 2 peeces of stuff at 2li. 4s., 2li. 4s .; peece of stuff and a peece of tammie, 14s. 6d. ; - yds. 1-2 of Satinesco at 6s. p. yd., 1li. 13s .; one mantle at 26s., 8 yds. of dimity at 2s. 6d. p. yd., 2li. 6s .; Cards of Lace, 8s. 6d., 13 oz. of silke, 2-0-6 maks, 2li.9s .; Fine sheets, 35s. ; one paier of sheets, 20s. maks, 2li. 15s .; table clothes and one hand towel, 19s. ; yds. of narrow hol- lond, 9s., one yd. of Lawne, 12s., 1li. 1s .; - yds. of Carpetting, 11s .; for fine white threed, 12s., 1li. 3s .; - - smale deskes, 6s., 2 paier of scales and wights, 16s., 2 pillow-beers, 30s., one paier of sheets, 30s., 3li .; - yds. of Cloth, Ss., 8 towels and a board- cloth, 12s., 1li .; napkins, 6s., 2 pillowbeirs, 8s .; one fether bed & pillow, 3li. 6s., 4li. ; fether bolster, 10s., a paier of old sheets, 6s., 16s. ; a pillow and bolster, 7s. 6d., a green rug, 30s., a blanket, 10s., 2li. 7s. 6d. ; one old covled, 20s., Curtaines and vallence, 30s., 2li. 10s .; a blue rug and a blanket, 12s., a paire of Corse sheets, 8s., 1 li. ; an old flock bed, 12s., a chest, 12s., a press, 25s., 2li. 9s .; a bedstead, 10s., Indean matts, 6s. 16s .; Cotton yarne, 6s., 40li. of wool and lether, 3li. 6s. ; an old rug, 5s., ginger, 25s., Coppris, 20s., milsacks, 11s., 3li. 1s .; pewter flagons, platters, & other pewter,
tAutograph.
304
SALEM QUARTERLY COURT
[June
Benjamin Woodrow petitioned the court to respit his fine of 40s., and the court ordered that it be respitted until they take further order .*
Mr. Thaddeus Redding, of Lyn, was licensed to sell strong waters by the quart out of doors, as other shopkeepers did. t
Mr. Phillip Nelson granted costs in action brought by Thomas Perry, who did not appear to prosecute .;
Administration upon all of the estate in New England of John Humphries, Esq., was granted to Mr. Joseph Humphries, his son, and Mr. Edmond Batter, who gave bonds for 100li.
The town and military company of Rowly, having chosen Samuell
5li. 10s. ; a brass kettle and other implments of brass, 4li .; Iron potts and kettls and other things, 5li .; Sword and bandalears, 13s. 6d., a bridle bitt and pannel, 7s., 1li. 6d .; several wodden things, 28s., 2 Chamberpotts & a cass of Bottles, 10s., 1li. 18s .; Chaiers, 8s., 300 1-2 of board and a spade, 17s. 6d., 1li. 5s. 6d .; ladder & a hoe, Ss. 6d., a wheelbarrow wheele, 2s., and other things, 1li. 8s. 6d. ; load of hay, 10li .; one peece of Cotton Cloth, 19s. 3d .; one bill on Samuel Bennet, 2li. 45s .; due in Iron potts from John Diryn, 2li. 5s .; 5 wedges, 2 beetle rings, one spit, a drippin pan, a dung fork, a Iron barr, a blanket and other things, 1li. ; in money, 10li. ; on bill on Ambrose Cowley, 1li .; total, 160li. 14s. 1d. The following was annexed and entered and recorded, Apr. 29, 1661, by Edw. Rawson,§ recorder : The house and farm with the apurt- nances, 16li. ; in wheat, 5li. ; four dussen off napkins, 6li. 5s .; to a bill by John Frances, 1li .; to severall debts owinge to ye estat not pd., - . Sworn in court, by Alce Thomas, late wife of Phil- lip Kertland, deceased, before Hillyard Veren, § cleric.
*Benjamin Woodrow petitioned the court that " whereas the last Midsummer Court I was (for my miscarriage) censured by your Worships to pay a fine of 4 pounds halfe whereof was then to || be || payd the other halfe respited for twelve months These ar to entreate your worships to take the cause of your poore petitioner into your serious consideration, who hauinge wth much difficulty payd the first 40s., cannot se any possible way how he could be able to pay the other in regard of his pouerty, hauing a wife & 2 smal children & nothinge where with to relieue them but my daylie labour," etc.
+License of Mr. Thadeus Riddan, dated, June 26, 1661, and signed by Thomas Marshall,§ John Fuller, § Allen (his mark) Bread, and John Hathorne, § selectmen of Lynn.
Mr. Phillip Nelson's bill of costs, 1li. 14s. 10d.
§Autograph.
305
RECORDS AND FILES
1661]
Brocklebank as Lieft. and John Brocklbank as an Ensign, court confirmed the choice .*
There being several men appointed at Ipswich court last Septem- ber to view a highway between Rowly and Newbery, who made their return at the last Ipswich court in March, which report was not accepted, the matter was brought to this court, where it was accepted and confirmed. Court ordered a bridge to be made over Newbery river, to be built by Ezekiell Northin and John Pickard, for 40li., payable when the bridge is built, provided it be a suffi- cient horse bridge six feet wide.
Tho. Newell and Matthias Farrington, upon complaint of Tho .. Wheeler for pernicious lying, were dismissed, all parties promising. that the differences between them should be settled.
Tho. Fisk took the oath of freeman.
Willt of James Smith was brought into court by his wife, and
*William Aciet and Samuell Mighellt certified that the "sol- diery of rowley with the freemen and householders have Legally chosen our beloued Sameul Brocklebank for the office of a leften- ant and his Brother John Brocklbank unto the office of Insigne Among us."
tWill of James Smith of Marblehead was proved 27: 4: 1661. He bequeathed to " mary Smith my wife, all that my farme called Castle hill, wth ten acres in the South field bought of Joseph Graf- ton, and now in the hands of Samuell Cutler, during her Life if shee remayne So Long a widdow, & at the day of her death, or marriag wch shall first happen, then I giue it to my son James Smith : but it is to be vnderstood Richard Rowland my son in Law hath ten pound & in the first purchase of Castlehill ; Item I giue vnto my wife my house & land in marblehead bought of Erazmus James & all my share on the farme bought by marblehead of majr wm hathorne dureing her life or widdowhood & after her death or- maeriag wch shall first happen to my son James Smith, & my will is that after the Death of my son James that this shall desend to James his Eldest son : Item I giue vnto my wife all my houshold .. goods wthin Doors, to her, & her heires for euer, & also 4 of my Cowes. Item I giue vnto Kathren Eburne my Daughter my six Oxen in the hand of Samuell Cutler, Item I giue vnto mary Eburne, my Grandchild Twenty pounds, wch I order her father to Dispose of & improue for her good, vntill her Day of marriag, or Twenty one yeares : Item I giue to the other fiue Children of my Daughter Eburne fiue pounds apeece to be improued by the father as abouesaid ; Item, I giue vnto my Daughter mary Rouland the #Autograph.
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