USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 38
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Robert Smith, aged about thirty-three years, testified that the foregoing account was true and that the four score bushels of In- dian corn laid out till it spoiled and that Shatswell told Mr. Jowit that the corn was ready for him or anybody who would receive it. The latter said he did not need it, but if he had wheat he might deliver it to John Litens. Shatswell sold Mr. Jowit a horse upon account of rent, etc. Sworn, Jan. 28, 1659, before Daniel Deni- son .*
Robert Punell, aged about twenty years, deposed that he lived with his master Shatswell, when the latter dwelt at Mrs. Tuttle's house, and the work was done according to the foregoing account, etc., and the corn lay ready for Mr. Jewett in a porch chamber, etc. His memorandum of work done: Reparains of the house & fences, two days work the first summer about the Barne & -, digging & bringinge home six load of clay -, one day myselfe & Robt. Smith drawing Timber -, one day my mr., Robt Smith & myselfe drawing - -, halfe a day of goodman Bewer & my mr. a day about - & Robt. Smith one day wth ye Teame drawing Timber, one day my mr. and myselfe wth. the Teame drawing Timber, one day fetchinge timbr wth. 4 men & two Teames, my mr. one day & halfe & Tho. the Scott one day to gett - -, two load of poasts fetching home, mending the comon gate att sevall. times, my mr. myselfe & Mary Roper one day about thatching, halfe a day of my mr. mendinge the barne doore, Francis Bates for payles, Henry Riley & Jonathan Platts by my mr. --- , myselfe one day drawing thatch & Robt. Smith one day thatch -, Robt. Smith one day mending the orchard fence, Mosse one day thatching to Goodman Harsell, one days worke. Sworn in court.
Robert Smith and Robert Punill deposed that at the time that Rich- ard Shatchwell's lease from Mrs. Tuttell expired, when he left the house and lands, the orchards were fenced in by a sufficient fence and the sheep house was left upon the premises the same as when
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1662]
some other things, such as about milk of cows, corn and wheat, further to be cleared .*
he went there. Also, the court yard fence was up, but some of it might be down to carry in timber, but the fence was left to be set up again to secure the court yard fence. The fence against the street and all other fences were left in good repair, etc. Sworn in court.
Theophylus Shatswell, aged forty five years, deposed that some- time since he was at the making of an agreement between marchant Joseph Jowit of Rowly and deponent's kinsman, Richard Shats- well, for the price of a horse at 14li. 10s. etc. Sworn, 24: 4 : 1659, before Tho. Bradbury, t commissioner.
Mary Parcker, aged about twenty years, deposed that her master Shatswell, when they lived in Mr. John Tuttell's house, reserved fifty-three bushels of Indian corn of Thomas Kimball and twenty- seven of Thomas Dorman, which said Shatswell laid up for the rent, etc. Sworn, 17 : 4: 1659, before Natha. Duncan, t commissioner.
*Agreement, dated Mar. 18, 1653-4, between Mrs. Joanna Tut- tell and Richard Shatswell,¿ for her house and land at Ipswich, the said Joanna Tuttell being attorney to her husband, Mr. John Tuttell, now living in Ireland : That from the fourteenth day of the present month, said Shatswell should for two years enjoy the dwelling house, barns, orchard and outhouses of said Tuttell ; also all her meadow, marsh and broken up ground within the common fence, paying to said Joanna at her now dwelling house in Ipswich, 24li. per year in corn, at each year's end; also two - - and one cow, all of which should be in good condition at the expiration of the time etc. There were also two plow chains and a share and colter, two yokes and half a harrow of which said Shatswell was to have the use. Wit : Richard Martyn; and Thomas Bornum.t
John Gage, aged about fifty-eight years, deposed that Mr. Tut- tell's house was groundselled after Satchwell's lease was out, and when deponent went out of the house, he left a good oven, but when he came again into the said farm, the oven was so spoiled that it could not be mended without pulling it down. There were two casements of glass in the cellar and two panes in the hall gone and broken, so they were obliged to get new ones, also that the barn was so ruined that he was obliged to buy three hundred feet of boards to mend the same before he could make use of it. The fences were down all about the orchard and yards. Deponent affirmed that the bill annexed to the lease was a true bill and all the tacklings were delivered to said Satchwell, excepting the plow collar. Sworn in court.
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366
IPSWICH QUARTERLY COURT
[Mar.
Job Tyler v. John Godfry. Debt upon accounts and for dam- ages. Verdict for plaintiff .*
" A note of wt Cossen Shatsell hath Recd : of Goodman gagge," a grindstone & a Beadsteade, a Back for ye Chimney & one Iron barr in ye Chimney, a Share & Colter & a Boult to a plow, 2 ax nayles, 2 linspins & washers, one old share 4 hoops for wheeles, 2 yokes & Chaines & a band for a plow beam, Span shackle & a boult. *Writ, for not making up eight loads of hay according to con- tract, whereby three head of cattle were lost, dated Feb. 8, 1661, signed by Ed. Fawkner,t for the court, and served by Thomas Chandler,t constable of Andover.
Due to John Tyler from John Godfry : For washing, dress and diet a summer, 1li ; breaking up ground, 5s. ; delivered him in goods of Mr. Corwin upon my account, 15s. 3d. ; a peece of huswives at my house, 16s. ; bagg, butter, pork and venison, 9s .; a tray, 1s .; diet at severall times at 4s. per week, 2li. 5s .; charges at Court, 13s .; a yard and a half of kersy at 9s. 6d. per yd., 14s. 9d .; caridg of 10 bushel and halfe wheat to Salem, 7s .; caridg of 20 bushls. wheat to Ipswich, 10s .; caridg of 6 bushels corn to Salem, 4s .; my wife and Moses, witness, 5s. ; for Moses waiting upon him, 2s. ; a journy to Haverill, 3s. ; paid Mr. Gidney for him, 1s. ; total, -
Richard Coy testified that when the account was read at Salem court, John Godfry owned that there were four pounds due Job Tiler. Sworn in court.
John Carr, aged about twenty-three years, testified that he saw Godfrey receive a piece of kersey cloth and he allowed 16s. for it, also for one month's diet this last summer, for which Godfree said he would pay 16s. This was confessed in court by John Godfry.
Moses Tyler deposed that his mother dressed John Godfrey, and washed his clothes above twenty weeks in one year and that his father found Godfrey's diet for eleven weeks, which was never satisfied. Mary Tyler affirmed the same.
Thomas Chandler deposed that he heard Job Tyler say that he was to give Godfre 12s. a week and his diet for his work in hay time and harvest, and said he scorned to take pay for a man's diet who worked for him.
Nathan Parker deposed that he asked John Godfry to work for him, but he said he could not for Goodman Tiler had let him have cloth to make him a suit of his wife's spinning and he must work it out ; also he had given said Godfry twenty shillings worth of cloth at Salem, and he must work that out. Sworn, Dec. 9, 1661, before Simon Bradstreete.t
Thomas Farnaum testified that he delivered, in April or May last, to John Godfare, a yard and a half of kersy for Job Tyler, at 9s. per yd. Sworn, Dec. 9, 1661, before Simon Bradstreete.t
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1662]
Job Tyler v. John Godfry. For refusing to deliver up a bond Withdrawn.
Zacheous Gould v. Tho. Putman. Trespass. Withdrawn.
Elizabeth Griffin, administratrix of the estate of Humphry Griffen v. Peeter Nash. Debt. For a cow he had and was to pay Mr. Russell at Charlstowne. Defendant acknowledged judgment.
Rich. Bellingham, Esq. v. Tho. Lever. Trespass. Withdrawn
Richard Bellingham, Esq. v. Samuel Platts. Trespass. Verdict for defendant. Appealed to next Court of Assistants. Mr. John Wissald bound for said Bellingham.
Rich. Bellingham, Esq. v. Henry Ryly. Trespass. Withdrawn.
Rich. Bellingham, Esq. v. Faith Smith, widow. Trespass. With drawn.
Rich. Bellingham, Esq. v. William Law. Withdrawn.
Rich. Bellingham, Esq. v. John Grant. Withdrawn.
Rich. Bellingham, Esq. v. John Tod. Withdrawn.
Rich. Bellingham, Esq. v. John Palmer. Withdrawn.
Rich. Bellingham, Esq. v. Tho. Wood. Withdrawn.
Rich. Bellingham, Esq. v. Marke Prime. Withdrawn.
Rich. Bellingham, Esq. v. John Dressour. Withdrawn.
Rich. Bellingham, Esq. v. James Barker. Trespass. Withdrawn. Joseph Armitage v. Mr. Oliver Purchase. Debt. Withdrawn.
John Carr v. John Godfry. Defamation or slander. For saying that Carr lay with the wife of John Russ upon the bed. Verdict for plaintiff .*
Neklos - deposed.
*Writ, dated Dec. 9, 1661, signed by Edmond Fawkner, t for the court, and served by Samuell Archard,t marshal of Salem. Bond of John (his mark) Godfery. Wit : Hillyard Verent and Thomas Robins.t
John Carr's bill of cost, 5li. 4s. 6d.
Job Tyler, aged about forty years, Mary Tyler, aged about forty years, Moses Tyler, aged about twenty years, Mary Tyler, aged about eighteen years, and Hanna Tyler, aged between fourteen and fifteen years, deposed that they heard John Godfry say that John Carr lay with John Ruse's wife upon the bed and that he deserved to be hanged, etc. Sworn in court.
Thomas Johnson, aged about twenty-eight years, deposed that he told John Godfree that Carr would sue him for such words, and the latter replied that he did not care how soon, for he could prove it. Sworn in court.
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368
IPSWICH QUARTERLY COURT
[Mar.
Nicolas Noyes and Hugh Marsh, in the name of the selectmen of Nubury v. Willm. Sawyer. For detaining and not resigning up ten acres of salt marsh. Withdrawn.
John Godfry v. Job Tyler. Debt. Being part of a bond. Ver- dict for defendant. Appealed to the next Court of Assistants.
Elizabeth Griffen v. John Gaynes. Action of dower. Verdict for plaintiff, her third part of the house and land which Mr. Robert Paine took by execution from her late husband, Humphry Griffen, of which John Gaines is now possessed.
John Millangton acknowledged judgment to Daniell Clarke of Topsfield.
Elizabeth Griffen, administratrix to the estate of her late hus- band, Humphry Griffin, acknowledged judgment to Mr. Richard Russell of Charlstowne.
John Goyte, dying intestate, the court granted administration to Mary Goyt, his widow, and Mr. William Steevens, her father. In- ventery, amounting to 34li. 6s., was presented.
Isaack Waklye, Henry Muddle and John Pomary having been cast away at sea, and none appearing to desire administration of their estates, and William Browne, constable of Gloster, presenting papers of the estate of Henry Muddle, amounting to 14li. 16s. 10d., Isaack Wakely, 6li. 1s., and John Pomare, 4li. 11s. 11d., was given charge of the estates until further order.
James Mudg, Aniball Lane and William Homan, having been by God's providence cast away, and no wills appearing, the court granted administration upon their estates to Walter Sussex, a part- ner with them, and ordered him to bring in an inventory to the next Salem court.
John Lookeman, Nicolas Lookman, John Hart and Richard Holeman, having been cast away, and no wills appearing, the court granted administration upon their estates to Mr. George Corwin and Mr. Moses Maverick, and ordered them to bring in an inventory to the next Salem court.
Sifforye Cock, John Anard and Tobiah Beckes, having been cast away, and no wills appearing, the court granted administration upon their estates to Mr. Edward Ting and Mr. James Brading, and ordered them to bring in an inventory to the next Salem court.
Thomas Smith, dying intestate, this court granted administra- tion to Mary Smith, relict of Thomas Smith, and ordered her to bring in an inventory to the next Salem court.
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George Smith, dying intestate, this court granted administration to his mother, Mary Smith, and ordered her to bring in an inven- tory to the next Salem court.
Richard Eliott and John Garven, having been cast away, and no wills appearing, the court granted administration upon their es- tates to Mr. George Corwin, and ordered him to bring in an inven- tory to the next Salem court.
John Balch, dying intestate, this court granted administration to Mary Balch, the widow, and ordered her to bring in an inventory to the next Salem conrt.
John Dorman, dying intestate, this court granted administration to Mary Dorman, the widow, and the inventory* was allowed.
*Inventory of the estate of John Dorman, deceased, appraised, Feb. 12, 1661, by Francis Pebody and Samuell Brocklebanke : One booke and Aperell, one cloake, 2li. 5s. 6d .; one jackit and briches, 2li. ; one wascoate, 7s. ; one dublit and a paire of briches, 1li. 1s .; three paire of stockins, 8s .; Gloves, 6s .; one Inkhorne, 4d .; one neckcloath, 8d .; one hate, 10s .; another wascoate jackit and two paire of briches, 1li. 15s. ; one paire of boots, spurs and 2 paire of shooes, 1li. 1s .; in sheets, shirt and other linen, 2li. 15s. ; 4 cushins, 12s .; 4 bands and 3 hankercheifers, 9s. 6d .; one bedstead and beding on it, 7li. 8s. ; musket, sword and amunition, 1li. 15s. ; puter and spounes, 12s. 6d. ; one drinkeing and brase skellit, 4s .; in earthen and wooden dishes and trayes, 6s. 4d .; in chest and boxe, 9s .; in one Iron pot and pothookes, 12s .; wheat, 3li .; one meall trough and one sith, 3s. ; in flaxe and hempe, 16s .; in two swine, 2li. 13s. ; in two cows, one stere calfe, 10li. 6s. 8d. ; in Indian corne unthrashed, by estimation about therty bushell, 3li. ; more in wheat unwinowed, about 4 bushell, 1li. ; total, 46li. 1s .; in debts dew to the deceased from Thomas Baker, 4 bushels of wheat, 1li .; debt due from Peter Cowper as part of portion, 21li. ; debt due by bond from Thomas Dorman, 50li. ; debts to be paid out of the estate, 8li. 6s. 6d. " Be this knowne unto all men that Thomas Dorman of the towne of Topsfeild Hath and doth freely exprese himselfe that for a quiete and loueing Agreement betwene peter couper and him in differance about that estate that the said peter couper did expect that his daughter should haue bene estated in, he would Giue unto the said Mary dorman."
Inventory of the estate of Richard Browne of Newbury, who de- ceased Apr. 26, 1661, taken, June 5, 1661, by Richard Knight, ; An- thony Somerbyt and Steven Grenleff,t and proved in Ipswich court, Mar. 25, 1662, by Elizabeth Browne, the widow and executrix : Six and twenty acres of upland & meadow with house & barne and eight
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IPSWICH QUARTERLY COURT
[Mar.
Mr. George Corwin, Mr. Walter Price, Mr. Moses Maverick, Mr. William Browne and Mr. Edmond Batter were licensed to sell strong waters, as formerly.
and twenty acres of upland and meadow and a house, 1-2 a barne & sixe and twenty acres of upland & meadow, 400li. ; a mare and a horse and two yeareling Colts, 46li. ; a yoak of oxen and six cowes, 40li. ; thre yearling steere & a two yerling heifer, one yerling & 4 calues, 12li. ; three ewes, three weathers, 2 lambs, 4li .; A sow, twelue shoots, three pigs, 9li .; Corne upon the grownd, 16li. ; his weare- ing apparrell, 13li. 6s. In the Hall, a bedsted & a trucklbedsted, with a fetherbed, a bolster, 4 feather pillowes, 2 blankets, a cover- led & a Ruge with curtaines, a vallons with a flockbed and bolster, a rug and blanket, 15li .; two chests, a trunck, 2 boxes and a case of bottles, 3li .; A Cubbard and Cubbard cloth, a table, a settle, a forme, 2 chayres, one stoole, 4 Cushions and a Cradle, 4li .; two Carpets, 1li. 10s .; A Bason and ewer, 4 silver spoones, a Cupp, a little baseu, 6 chiny dishes & a warmeing pan, 3li. 10s. ; A paire of Holland sheets & 4 pillow bears, 2li .; Nine sheets & 2 pillow bears, 2li. ; one diaper & 2 network cubbard cloths, 1li. ; one diaper table cloth & 2 diaper napkins, a Holland tablecloth & 16 napkins, 2li. 5s. ; A box, a desck, 2 little pillows & a basket, 10s. In the seller, 4 beare vessells, 6 trayes & a bowle, a keeler, 5 chesefatts, a churne, a poudering tub & butter tub & a koowle & other lumber, 1li. 10s. In the kitchin, two brass potts, a great bras kettle, a little bras ket- tle, 4 brass pans, 2 brass candlesticks, 2 Skillets, 5li. ; A morter and pessill, a chafing dish, a skimmer, a brass Ladle, 1li. 16s .; An Iron pot, 2 tramells, a paire of Andirons, a pr. of tongs & fire shovells, a spitt, 2 pr. of pott hooks, 2 smoothing Irons, a flesh- hooke, a pr. of sheers & a pr. of Snuffers, frying pan & an Iron peele & a pressing Iron & passell, 1li .; two guns and a musket barrell, a sword & amunition & a watchbill & a chopping knife, a Clever & a shreding knife, 2 lamps, 3li. 6s. 8d. ; Eleven platters, 2 basins, 5 fruit dishes, 7 porringers, 4 sawcers, 2 salt sellers, a flag- gon, 2 quart potts, 2 pint potts, a halfe pint pott, a cup & a beaker, a halfe pint bottle, 2 pewter chamberpots, 6 Alcumy spoones, 6li. ; Books & an houre glass, 1li. 10s .; A little table & Cubbard & foormes, a pr. of bellowes & chayres & a cheespresse, a linnen wheele & a woollen wheele & other Lumber, 2 dozen of trenchers, 2 pr. of cards & 2 bucketts, 1li. 15s .; A bedsted In the Chamber over the Hall with a fetherbed, a blanket, a coverled and a Rug & boolster, a matt, 7li .; 2 Chests, 2 boxes, 1li. 10s .; A dozen of Hogsheds & 11 Smal tubs & baggs and sacks and 2 seives & lum- ber, 2li. ; four augers, 2 hedgbills, 2 crosscut saws, a handsaw, 5 hooes, an ads, a hamer, 2 axes, 2 hatchets, a spade and a shovell & other utensells for husbandry & some old Iron, 4li. In the kitchin Chamber, 9 bushels of wheat & about 15 bush. of Indian
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RECORDS AND FILES
1662]
John Sorlah had his lice nse renewed for a year to keep an ordinary and draw wine and liquors.
William Law had his license renewed to keep an ordinary and draw wine for a year, but not to sell liquors. Afterwards, upon request he had liberty to draw liquors by the quart until next Ipswich court.
Stephen Swett, John Baker and Moses Pengry had their licenses renewed to keep ordinaries and draw wine for a year, but not to sell strong water.
Administration having been formerly granted to Elizabeth Grif- fen on the estate of her late husband, Humphry Griffen, by the Honered Mr. Samuell Symonds and Major Genrll. Denison, the clerk being present, and now an inventory, amounting to 71li., clear estate, being presented to this court, the estate was ordered to be divided as follows : To John Griffen, the eldest son, 20li .; to the two younger sons, 10li. each; and the rest of the estate to the widow.
Will of William Addams proved and inventory received. Wil- liam Addams, one of the administrators of the estate of his son, William Addams, being now deceased, Nathaniell Addams, one of his executors, by his own consent in the place of his father, de- ceased, acknowledged himself bound for the payment of the por- tions to the children of his brother, William Addams, jr.
Mr. Oliver Purchase and Thomas Marshall were sworn commis- sioners to end small causes in Linn for the ensuing year. [The other commissioner, Tho. Laghton, was not present .- Waste Book.]
Capt. Willm. Gerish, Nicolas Noyes and Mr. Edward Woodman were chosen to end small causes at Newbury, and the two former were sworn.
Ensign John Fuller, being chosen by the town of Lynn for clerk of the writs, was allowed, instead of William Longly.
corne and a halfe bushell, 4li. 10s .; A hors harness, a sadle & a pillion, 1li. 15s. ; A cart & dungpot and wheels, 2 ploughs, 2 yoaks & chayne & 1-2 & other small utensils, 3li .; two scithes, 2 rip- hookes, 2 Sickles, 4 prongs, 15s .; 6 stalls of Bees, 6li. ; 5 wedges & a pr. of Beetle Rings, 10s .; wooll & yarne, 2li .; ten pounds of Cotten wooll, 10s .; two flitches of Bacon, 1li. 4s .; total, 634li. 3s. Debts due from the deceased : To Nathaniell Badger in England, 25li. 5s. ; to Peter Tappan, 1li. 6s .; to Henry Jaques, 3li. 14s .; to John Badger, 1li. 10s .; total, 31li. 15s.
372
IPSWICH QUARTERLY COURT
[Mar.
Whereas Robert Flecher had formerly put himself to Jacob Greene of Charlestown to serve him certain years, and afterward, by consent of his said master, put himself to Obadiah Wood of Ipswich, and now making complaint that his master Jacob Greene took too much of his time, the court freed said Fletcher from both masters and ordered him to serve John Perkings for one year, the latter to find him clothes. Said Fletcher was not to make agree- ment with any man without his master's consent.
Mary Sheffield was ordered to be severely whipped for her sin of fornication.
Esaiiah Wood, being charged by Mary Sheffield to be the father of the child, was ordered to pay 3s. per week from the birth of the child toward its support, until the court take further order, and to lie in prison until he put in security for payment .*
*Mercy Wood, wife of Isaiah Wood, deposed that about last Michallmas Goody Powell and her husband came to deponent's house and were very earnest that they might come and live in deponent's house that winter, especially herself, until her husband went to Exetor to provide a house there. The reason Goody Pow- ell gave was that she and her father could not agree. Being so often urged, deponent asked counsel of her father Tomson, but he would not consent to it. Deponent desired the court to consider why, if her husband bad offered so often to abuse Goody Powell, she should ask to go and live in the house with them and this in her husband Powell's absence.
Mary (her mark) Sheffield, upon examination declared that in February or March last Esay Wood enticed her into his barn in the night where he lay with her, etc. He refused to own the child, and told her that before he would abide the shame thereof, he would make way with himself, for his father and wife would never receive him again. She solemnly affirmed that said Wood was the father of the child.
Esiah Woodt declared upon examination, Jan. 18, 1661, that all Mary Sheffield's accusations were false.
Thomas Bishop, Simon Tompson and John Leigh were bound, Jan. 22, 1661, for Esay Wood's appearance at next Ipswich court. Acknowledged before Daniel Denison.t
Annis Reddings and Elin Dane deposed that they were at Good- man Powell's house, speaking with him and his wife at the time the trouble broke out, and the latter declared that they thought that Goodman Wode was clear and that John Lee was the guilty man, and that he had hired Mara Shafell to lay it to Goodman
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1662]
George Farough, upon examination, confessed that he had taken six hogs and shoats and converted them to his own use. Five of them were Lift. Samuell Appleton's and one was Sergt. Belcher's, and the court ordered that he pay 9li. 10s. to the former and 30s. to the latter. For his other offences of stealing, deceitfully re- moving a landmark and cruelty in drowning a mare, he was or- dered to be severely whipped and disfranchised. Upon his petition and humiliation, however, the court took off his sentence of whip- ping, upon paying the sum of three pounds.
John Anaball was freed from ordinary training, paying 3s. year- ly for the use of the company.
John Perking was licensed to still strong water for one year.
Andrew Peeters was licensed to still strong water for a year and retail not less than a gallon to be delivered at once and none to be drunk in his house.
John Whipple was licensed to still strong water for a year and retail not less than a quart at a time and none to be drunk in his house.
Mr. Woodcock of Salem, apothecary, was licensed to still strong water for a year and sell by retail.
Mr. Joseph Boude was licensed to still strong water at Marble- head until next Salem court.
These licenses were granted with the understanding that all who were licensed to still and retail strong water did not exceed the limits of their license nor sell by retail to any but masters of families of good repute, nor sell any after sunset, and that they be ready to give account of what liquors they sold by retail, the quantity, time, and to whom, when called upon by the court or
Wood out of malice toward him. This Goodman Powell said he was willing to declare before the magistrate without a warrant.
Mary Powell, aged about twenty-three years, deposed, Feb. 24, 1661, that sometime since when gathering corn with Esay Wood, he was guilty of lascivious acts, but she went away from him. At this time his wife lay in of a son. At another time about three years since, deponent's mother sent her to help the said Wood husk corn, and on a moonlight evening he met her between his two houses, and was again guilty of lasciviousness, until somebody opened the door and the light shone out, also at another time when she went to his house to borrow bread, etc. Sworn before Daniel Denison .*
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374
IPSWICH QUARTERLY COURT
[Mar.
any member of it, and the court had the right to call in their licenses sooner than a year, if they saw cause.
. John Porter and his sureties were discharged of his bond.
Upon the complaint made by the marshal against John Hathorne, the latter moving for a jury, the court granted it. The jury re- turned a verdict of guilty and the court sentenced said Hathorne to pay a fine of 40s. for refusing to assist the marshal, 30s. of which was respitted until the next court.
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