USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 35
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" Our Humble request to this Honered Court is that the children of our brother may Inioy a pt of the advance of there fathers es- tate and doe humbly intreat (if this Honered Court shall thinke fitt) that the Land may be to pay the childrens portions, it being prised in the Inventory as before exprest & there portions fiftye foure pounds & soe there portions will be advanced twentye six pound & the widdow still haue about halfe the estate and that it would please the court that those children that are put out may haue there portions improved for there use & benifitt.|| that || when they come to age to reciue the same, that being all (as the case now stands) that they are like to haue of there Fathers estate."
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Witnesses in presentments for absence from public worship ordered to be paid by the marshal.
James Harmon and Peeter Harvy were fined for breach of the peace.
Mr. Georg Gardner was licensed to retail strong water out of doors.
Mr. Stileman's former licenses were renewed for the year ensu- ing.
John Dymont was fined for drinking to excess.
Mr. Symond Tuttle, bringing in a letter of attorney from Mrs. Joanna, executrix of Mr. John Tuttle, the will of the latter having been approved and allowed in Ireland to the satisfaction of this court, it was ordered that said Symond Tuttle be allowed as attor- ney, according to the letter bearing date, Jan. 29, 1660.
George Michell and Lawrence Barnes were fined by Major Ha- thorne for being drunk.
There being a complaint of about fifteen trap lines stolen from Roger, the Indian, out of his wigwam, and it being proved that some trap lines were seen at Job Tyler's, which the latter acknow- ledged, the matter was referred to the next Ipswich court.
John Portor, jr., having been bound over to this court to answer for his profane, unnatural and abusive carriages to his natural parents, and for abusing authority, the court ordered that he be committed to the house of correction and kept there, according to the rules of the house, until next Ipswich court, and then to be
Copy of Ipswich court record of Mar. 29, 1659, concerning the administration and division of William Lampson's estate, made by Robert Lord,* cleric.
Thomas Hartshorne of Redding tendered as security, instead of the land at Ipswich, his house in which he dwells, and fifteen acres of land in Redding, bounded on the north by land of James Pike, on the south by land of Walter Fairefield, on the east and west by the common : also three acres of meadow at Reeva in the same town, bounded on the north by the meadow of Henry Felch and by the common on the other three sides; also four acres of meadow in the great neadow in the bounds of Lynn, bounded on the north by the meadow of Edward Hutcheson, on the south by the meadow of Isaack Harte, on the west by the common, and on the east by Isaack Hart's farm.
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bound to good behavior or continued in the house of correction, as the court shall see cause .*
*Letter addressed " For his Honored & much Respected Father John Porter in Salem These :"-
" Nouembr the 18: 1661
" Deare & Lo : father " Sr : These few Laines In the absence of my Poor exiled selfe. yor Sonn ; though as now things stande yor prisoner, may they in ye roome of my selfe ; finde faut in yor eyes, unto which end they bee principally designed are to present you with my humble & childe like duty, tendering the same to my Deare mother, giueing you both to understande ; that to my great heart ; greife, I Lament that Strange Distance that is beetween you & my poore Slefe; I Say Distance because though, wee are not manny miles a Partt in Respect of Place ; yet by Reason of my not beeing Suffered to visitt. my fathers house, & my father not chsuseing to come neare his Poor childe; to wch I may add both what I have already and might. haue; or may suffer, in respectt of present Diffirences I may well tirme it a Strange Distance; and truely among the many Sad Disasters that both by Sea & Land I haue to my both Losse & greife mett with all, I Can assuredly affirme, that not one of them all, yea not all put together, haue halfe so much aggreiued, troubled, or Sadned my Spirits as this present uncomfortable & I may say Dolefull falling out between yor Selfe & me; Whirefore be Pleased to understand that though throug mercy the Prison hath not been my grindeing place; yett With as reall humility and unfeigned submission, I Desier from my Soule to make my peace with you, as If I had Suffired the Shame, & Undergone the Penury which Poor Prisoners in the Common gole mett with, Now Deare Sr lett not yor Spiritt Disdayne to accept of my reall Desier of; being recon- ciled to you & my mother, nor Let any by respects holde you of from beeing willing to imbrace him; who from his very heartte Laments, his unworthy & untoward Deportment to yor slefe Craue- ing yor Candor in being, as redy to forgiue & forgett, as I am to acknowledge conffesse & forsake yea to Deteste & : abhor all my miscarriages I have onely this to add ; that I would not haue you thinke, I am yor Late, I will not say, on my Parte ; undeserved proceedings ; Constreyned to humble my selfe in this manner ; but Its the reall Sence of my Dutye & hearty Sorrow for my Slightings of my Parents wch I hope had not this course at all been taken, both Natur : & grace would have requiered ; But Since it is other wise ; I must Proffesse I begg yor pardon; & doe Entreate you For Loues Sake, For freinds sake, for gods Sake, to Passe it by, Prom- iseing in the word of A true Childe, for futr, Soe to Cary my Selfe wth gods gracecious assitance as yt I hope I may meritt yor & my
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John Burston, coming into court in an uncivil manner, reproached the court by saying they were robbers and destroyers of the widows and fatherless, that their priests devined for money and their worship was not the worship of God, interrupting and affront- ing the court, and upon being commanded silence, he commanded them silence and continued speaking until the court was fain to commit him to the stocks.
mothers Loue, at least not incur yor Displeasure, wch is yt I doe greatly Lament, I should be glad to see yor Faces & If this may bee acceptable I hope to be soe happy as in all Love to make an end of all Differences ells with out Extremity Suits or Law ; this with my Duty to you both I rest yor
" Dutyfull Sonn " John Porter."*
Petition of John Porter, jr.,* to the court : "Whereas your poore petitioner hath shamefully abused his Father, and mother, contrary to the very light of nature & much more contrary to the litle light of the word of God, which he hath bestowed on me (that with shame I may speake it) haueing had, & enioyed, such means as I have had, for so many yeares both in the publick min- istry and in my fathers family also; that your petitioner is in some | small | measure sensible, of that unparrallell offence that I haue iustly giuen to my parents, to others, of my freinds, to the Commissioners, whome I did shamefully abuse, I am very sorry that I should so far forget my selfe, and the right rules, both of God ||and|| man, though I doe acknowledge I am in noe measure humbled according to the desert of my greate offences, yet with that small touch God hath been pleased (I hope in mercy) to giue me, of such haynous prouokeations I doe upon the bended knees of my soule, with shame of heart humbley beg pardon of the almighty, who might haue consumed me long agon, and I doe humbly (and I hope through grace) from my heart request the fauour of my parents that they would ouer looke my unworthy abusive carriage and behauior toward them, and your poore Petitioner doth humbly beg forgiveness of this honoured Court of these my greate offences, and doe hope through the grace of God in Jesus Christ that neither my parents nor this honoured Court, shall euer haue anything of this nature, to complaine, but that your poore petitioner shall through the same grace behaue himselfe respectfully, to all author- ity, and with humble dutye unto my parents, and so to all other relations as I am concerned in, and shall be foreuer further oblidged to this honoured court for this your so great clemency."
Morgan Jones deposed on 30: 8: 1661, that he heard John
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John Deverixe was ordered to pay 2li. to the treasurer for not presenting his appeal to the Court of Assistants.
Robert Hibbert was allowed witness fees in a presentment.
Court referred to Major Hawthorne all persons presented, who were unable to appear at last court according to summons, and he was ordered to have attachments given out for appearance at such time as he should appoint.
Roger Preson's license was renewed for one year.
John Cleark and Allester Greine were appointed administrators of the estate of Arzbell Anderson, deceased, and to be accountable to the court held at Salem in November, 1662. An inventory* was also brought in and allowed.
Porter, the younger, abuse his father and mother within the year. In the month of September, he abused him in these words, saying " thon Robin Hood ; thou Hipocrite ; thou art a good member thou art a Fit grand juryman," etc. He also said to his mother " your tongue goes like a perriemonger," etc., and on Oct. 4, he called her a hypocrite. His father, delivering him a warrant that morning, said John Porter took it, broke it to pieces, uttering words in con- tempt of authority, saying that he cared not for Hathorne and his commissioners. Joseph Porter deposed the same and that said John called Hathorne and Batter vile names, saying that they had sent a warrant for him but "I will not goe beffore them : I will goe before Better men then they be." Sworn, 30: 8: 1661, before the commissioners.
*Inventory of the estate of Arzbell Anderson, Scotsman, who deceased at the Iron works at Lyn, 13: 6: 1661, taken, 15: 6: 1661, by Edward Baker, Jno. Divan and Oliver Purchis, all of Lyn : Two Bed Blanketts, 14s. ; 2 Coarse Shirts, 8s .; his wearing apparrell with 2 hatts, 6li. 5s .; A looking glass, 2s .; 1 yrd. of blew Callico, 1s. 10d .; 1 pr. of Worne Shooes, 3s .; A Rasor, 1s .; 4 Axes, 10%. ; A small playne chest, 3s. 6d. ; In money, 5s. 10 1-2d .; A small mare & 2 Colts, 18li. ; A Small Cow, 4li .; 2 steers yt. were in my Custody but after his deceased challenged by Corporall Jno. Andrewes to be his upon hire till May next, hee to pay then 20 shillings, wch. I desired to release upon Terms & hee promised mee if he could gett a payre of Oxen I should have them, but afterward he sent & fecht them away early in a morning & as I am Informed by Severall psons, he hath killed one & sold ye other, they were well worth, 12li .; so much as is dne to him upon Accots., 12li. 4s. 2 1-4d. ; total, 54li. 18s. 5 1-4d. " This is a true Inventory of this estate at ye decease : as is testified by Oliver purchis, a Commis- sioner in Lyn. Only this to be excepted at prsent one of ye Colts +Autograph.
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Benjamin Felton's bill of charges was allowed and was ordered to be paid by the county treasurer to the value of 38s. 6d., besides the amount of the said bill, to be paid by the parties, namely, Bennett, Kinderton and Huchesson.
Mr. Joseph Humphries, administrator of the estate of John Humphries, Esq., was given liberty to make use of 30li. of the estate for his necessary expenses .*
Edward Eastwick's fine of 20s. was respitted until the next Salem court.
Mr. Frances Johnson was licensed to sell strong waters at retail, as other shop keepers do.
Mr. John Gedney's former licenses were renewed for one year.
Mr. Wade, John Whiple, sr., Thomas Burnam, Capt. Geerish
is Strayed & Cannot be found, & Certayne debts are demannded which I know some to be due." Total inventory, 54li. 15s. 5 1-4d .; debts paid out of the estate, 11li. 3s. 9d. ; more for John Clarkes paines, 3li. 14s. 81-4d .; 40s. abated upon ye Aprisement of 2 Steers, 2li. ; to be paid to Allester Greine by ye Courts order, 38li. " which by ye Courts order is to be pd to Allister Greime upon the old clearks warrant to John Clerke as atteste, 27: 9: 1662, Hill- yard Veren, t cleric."
Allister Mackmallens, aged about thirty years, deposed that for many years, whilst he dwelt in his own native country, in Scotland, he knew Allister Greime and his father and mother, who lived next neighbors to his, the said Mackinallens father's house, and he also knew Arsbell Anderson and his mother, who lived about a mile and a half from them, and the said Arsbell Anderson's mother and Greime's mother were near of kin. This was taken for granted by all the neighbors, and deponent always understood it so and there was never any question about it in Scotland that ever he heard of. Moreover deponent's father and mother had said in his hearing that they were near of kin. Sworn in court, 12: 10: 1661, before Hilliard Veren, t cleric.
*Inventory of the estate of Jno. Humphreys, Esq., taken, 13 : 10 : 1661. by Edmond Batterf and Joseph Humfrey :t Jincken Davis of Lyne fined by the General Court to pay Mr. Humphries, 40li. ; Jno. Hudson, now of New Haven, fined by the same au- thority to pay Mr. Humphrey, 20li. ; Mr. Jno. Dunster, deceased, sold a windmill from Mr. Humphrey's land, 60li .; the farine at Lyne, now in the Occupation of Edward Ingles, -; sixe Acres of salt marsh in Rumney Marsh in the Occupation of Richard Jnoson. Court allowed the inventory and continued Mr. Ed. Batters and Mr. Joseph Humphries as administrators.
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[Dec.
and John Pickerd were appointed by the court a committee to find out a convenient place for a bridge at Ipswitch and to take order for building the same.
It was ordered that the bridge or causeway at the western end of the town of Salem be sufficiently repaired and a stone wall built against the side, at the county's charge.
The servants of Mr. Gedneyes house were allowed 7s. 6d., and Mr. John Browne's man, 18d.
Presentments brought into court, 25: 4 : 1661, and ended in this court :-
Bettrice, wife of Wm. Cantlebury, was fined upon her present- ment for wicked and reviling speeches toward her son-in-law, in wishing the devil might pick his bones, and for telling her daugh- ter if she had such a husband, she would give the devil one limb to fetch away the other; also for endeavoring to withdraw the affections of his wife from him .*
*Mary Felton, aged thirty-five years, deposed that several times in her hearing, the wife of Willm. Cantlebury had endeavored to alienate the affections of her daughter from her husband, using many reproachful speeches in deponent's hearing against said husband. Her daughter was weeping and praying her to be contented, for she had him that God had appointed for her and she was better contented with him than she should have been with those her mother nominated unto her. Deponent told the mother to be contented, as by the providence of God they were brought together, and to do what she could by good counsel and encouragement, that they might live lovingly together. The mother replied that there was no finger of God in bringing them together, but it was the mere act of the devil, and that the husband deserved to be hanged, with many other reproachful carriages and speeches. Once at deponent's house, she spit at him and told her daughter " that she would have scorned she should have touched the hemme of her coat they both being present." Sworn in court.
Elisabeth Buxton, aged thirty-eight years, testified that the wife of Willyam Cantlebery and her daughter Woodrow, were at depo- nent's house, and the latter heard her say to her daughter that Woodrow was both a rogue and a thief. Her daughter said she must prove it, and she said he was a thief because he had stolen the best flower in her garden, and a rogue because he had brought her to shame. Deponent told Goodwife Cantlebery that she did not well to speak to her daughter against her husband, but that she should do him the best good she could and give him good counsel, for now he was her son. Cantlebery's wife answered that
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Edward Estwick was fined upon his presentment for abusing the constable in Mr. Gidnie's house, the said constable having been sent for to execute his office .*
Hugh Joanes and his wife were admonished upon their present- ment for suspicion of committing fornication before marriage, it being not fully proved.
Those persons, who were presented for frequent absence from the public ordinances on Lord's days, from 9 mo : 1660 to 4 mo : 1661, were fined as follows : The wife of John Kitchin and the wife of Anthony Needham, for twelve days, 3li. ; the wife of Robert Buffum, the wife of Robert Stone, Samuell Salmon, and the wife of Samuell Shattock, fourteen days, 3li. 10s .; the wife of Joseph Pope, eight days, 2li .; the wife of Thomas Gardner, sr., and the wife of Georg Gardner, four days, 20s .; Samuell Gaskin
the " divel should picke his bones before she would owne him to be her son." Sworn in court, 13: 10: 1661, before Hillyard Veren, t cleric.
Samuel Eburne, aged fifty years, deposed that, being at the house of Willm. Cantlebery, his daughter Woodrow came in and her mother asked her where her husband was. She answered that he had gone to the doctor for physic for her father. Her mother used many reviling speeches against Woodrow, saying he was no man. Deponent was much grieved and desired her to forbear such oppro- brious terms, and that seeing that they were married, she should endeavor to maintain love and unity between them. Her daughter wept bitterly and prayed her mother to forbear charging her hus- band with such untruths, but still she went on in bitter reviling and said she wondered how she could love such a wretch. Sworn in court, 13 : 10 : 1661, before Hillyard Veren, t cleric.
Summons also served on Anthony Buxstone and Mary Rowden, as witnesses.
*Benjamin Felton, constable, deposed that Mr. Gidney sent for him to come to his house and bring his black staff with him, which accordingly he did, and when he came Mr. Gidney desired him to clear the room. Going into the great hall, there were two compa- nies, one at one end and the other at the other end, whereupon he spoke to them to clear the room. Edward Estwicke, being at the lower end of the table, came to him and asked him what he did there ; he told deponent he was a trifling fellow, took him by the shoulders and thrust him quite out of doors. This was also attested by John Blye and Joshua Turland. Sworn in court, 13 : 10: 1661, before Hillyard Veren,t cleric
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and Danyell and Provided Sothwick, twenty days, 5li. each ; and Michaell Shaflin, sixteen days, 4li. John Kitchin, Joseph Boyce, the wife of Robert Wilsonn, John Marstone and William Marston also were convicted .*
William Hoare, presented for suffering tippling at his house, was dismissed, it being not proved.t
Roger Hascall, presented for removing a bound mark, was dis- missed, it being not proved. #
Roger Hascoll, presented for striking Osman Trask, was fined.
John Mansfeild, presented for telling a pernicious lie, was dis- missed, it being not proved.§
Arther Cary, presented for stealing a silver spoon and the bowl of another, was ordered to be whipped and to pay treble damages, which were 36s. Mr. Keiser, having received the bowl of the spoon at 4s., upon Cary's humble submission, it was ordered that Cary be freed from the whipping. ||
*Summons, dated, 6: 9 : 1661, also to the wife of Phillip Veren, Damarice Pope, the wife of John Sothwicke, the wife of Josiah Sothwick, the wife of Nicholas Phelps, Robert Gray, jr., and Hanna Burton, and witnesses, Hen. Skery, John Neale, John Deacon, Samll. Eborn and Nathanyell Felton.
¡Summons, dated, 6 : 9: 1661, to Robt. Morgan and Hen. Her- rick, as witnesses.
¿Zachri Herick, aged about twenty-six years, deposed that it was when Mr. Battore and Farmer Porttor were at Bass river to lay out a highway, that he heard Rogor Hascall say that he removed Goodman Grofor's landmark. Deponent also testified that he heard Osmantt Trask say in the presence of Roger Hascall that he came by Goodman Grofor's bounds and saw that it was removed, etc. Confessed in court by Roger Hascall, before Hillyard Veren, T cleric.
Summons, dated, 6 : 9 : 1661, to Osman Trask, Zachary Herick and George Keiser, as witnesses.
§Summons, dated, 6 : 9: 1661, to John Mansfeild, and to wit- nesses, Adam Haukes, John Haukes and Walter Skiner. The latter was living in Readinge.
"John Deven, aged about forty years, deposed that his son John found this bowl of a silver spoon in the chamber where Arter Cary lies. Further, that Georg Keser, being at their house, in the presence of his wife and himself, asked Arter Cary to help him to the silver spoon again and Arter answered that he could not help him now.
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John Godfery v. Job Tyler. Debt.
Summons, dated, 6 : 9 : 1661, to Jon. Dodg. sr., and John Dodg, jr., as witnesses.
Summons, dated, 26 : 9 : 1661, to the wife of John Dymond as a witness in Arther Cary's presentment for stealing a silver spoon from George Keiser, and a piece of another, signed by Hillyard Veren, t cleric, and served by Robert (his mark) Burges, constable of Lynn, who " somoned the wife of Jnº Divin."
John Dod, aged about twenty-eight years, testified that he saw Peettor Joy drunk and that he swore several oaths. Sworn in court, 12 : 10 : 1661, before Hilliard Veren,t cleric.
Venire, dated, 6 : 9 : 1661, for men for the grand jury and jury of trials from Wenham, signed by Hilliard Veren, t cleric, and served by John Solard, t constable, who returned the name of Richard Kimball for the grand jury and Richard Coy for the jury of trials.
Venire, dated, 6 : 9 : 1661, for men for the grand jury and jury of trials from Lynn, signed by Hillyard Veren, t cleric, and served by Thomas Farrer, t constable, who returned the names of Francis Ingolls, William Craft, William Clarke and Richard Moore, for the grand jury, and Richard Thomson, John Person, Rich. Haven, Thomas Newhall, jr., and John Collins, for the jury of trials.
Summons, dated, 6 : 9: 1661, to Hugh Dickman for absence from public ordinances on the Lord's day, and to witnesses, Hugh Burt and Will. Miriam. Hugh Dickman was found to be out of this jurisdiction, and Hugh Burt was dead, as per return made by Thomas Farrer, t constable of Lynn.
Venire, dated, 6: 9: 1661, for men for the grand jury from Marblehead, signed by Hillyard Veren,t cleric, and served by Will. Nick,t constable, who returned the name of Christopher Latamore, for the grand jury, and John Leg, for constable.
Venire, dated, 6 : 9 : 1661, for men for the grand jury and jury of trials from Salem, signed by Hillyard Veren, t cleric, and served by John Rucket and Thomas Robins,t constables of Salem, who summoned the persons in their respective wards.
Writ : Mr. Edmond Batter v. Henry Trevitt; for withholding 4li. 13s. 4d. ; dated, 19 : 9 : 1661; signed by Hillyard Veren,t for the court ; and served by William Neck, t constable of Marblehead.
Bond* of Willm. Hudsont of Boston, vintner, and John Ha- thornet of Lyn, to stand by the arbitration of Mr. Edmond Batter of Salem and Mr. Olliver Purchase of Lynn Iron works, and in case they do not agree, to stand by the arbitration of any one of them concurring with the judgment of Major General Dennison of Ipswich. The place of meeting was to be at John Hathorne's at Lynn on June 18, next, and the decision was to be given to
*This paper belongs in the case of Hathorne v. Eldridge, page 283. tAutograph.
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At a court held by Major Hathorne at Salem, 20 : 10: 1661, the following presentments were heard :-
The wife of Allexander Megilligan, for her wicked carriage and speeches toward her husband, was admonished, upon her confes- sion. Wit: Will Nick and Emanuell Clarke .*
Elizabeth Nicholson, for absenting herself from the public ordi- nances on Lord's days, was fined.t
Hudson or Hathorne before June 22. Wit: John Dudley; and Samuell Benett.#
*Summons, dated, 6 : 9 : 1661, to Frances, wife of Allexander Megiligan.
+Summons, dated, 6 : 9: 1661, to witnesses, Henry Stacy and his wife.
Inventory of the estate of Willm. Oaderie, deceased, taken the last of December, 1660, by Walter Price; and Elias Mason :į A cloake and sute, 4li. 15s .; 1 snugg Coate, 1li. 10s .; 1 sarge sute, 1li. 10s .; 1 gray Coat, 12s. 6d .; 1 Red sute, 11s. ; 2 ginting shurtts, at 9s., 18s .; 2 locrum shurts, at 6s. 6d. per, 13s .; 2 ould shurts, 3s. 6d .; 1 canvas Jackett & locrum drawers, 7s. 6d .; 2 pr. ould wos- ted stokins, 3s. per, 6s .; 1 pr. wedmoll stokins, 16d, 1s. 4d .; 2 pr. of ould wosted stokins, 3s .; 1 pr. yaron stokins, 3s. ; 1 cource gray coate and canvas breeches, 14s .; 1 greene cotten sute, 8s .; 1 blak hatt, 10s., 1 coll. hate, 5s., 15s .; 1 mountere Cap, 5s. ; 1 neck- cloth, 12d., a silk neckcloth, 4s., 5s .; 1 pr. shews, 3s. 4d. ; 2 pr. ould shews, 4s. 6d. ; 1 psalme book & an Incorne & bible, 7s. ; a bedsack & Rugg, 5s. 6d. ; 2 pr. mittins, 1s. 6d. ; 2 ould lynes wth. Hooks & leads & reels, 5s .; 3 codd lynes, 8s. ; 4 Fishing leads, 12d. per, 4s .; 8 Hooks at 12d., 1s .; 1 pr. boots, 14s., 1 od boot, 6s., 1li .; a Chest, 4s., a glas, 12d., 5s. ; 1 pr. wosted gloves, 2s. 6d. ; his pt. of 15 hundred of fish, about, 30s., 1li. 10s .; a quart. pt. of a Cach, 15li. ; dew from Robert Starr, 1s. 6d. ; dew to him from John Gur- vand, 6s. 1d. ; dew from Richard Ellyott, 3li. 12s. 2d .; 2 barells makrell, 2li. 10s .; his pt. of three frawghts, his victualls to be de- ducted, 7s. ; total, 41li. 5s. 11d. Sworn in court, 12 : 10: 1661, by Mr. George Corwin and Mr. Edmond Batters.
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