Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3, Part 24

Author: Essex County (Mass.). Quarterly Courts; Essex Institute; Dow, George Francis, 1868-1936
Publication date: 1913
Publisher: Salem, Mass. : Essex Institute
Number of Pages: 552


USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 24


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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*Mary Tachell and Elizabeth White deposed that Abell Osier had taken the opportunity when they were alone to carry himself very lasciviously toward them, and that his uncivil actions to said Elizabeth had been such that she had been fain to cry out. Sworn before ye worshipfull Major Wm. Hathorne, 13 : 10 : 1664, attest, Hillyard Veren,t cleric. Deponents further said that they heard said Osier say that Major Hathorn did not do him justice and that he should know what a French boy could do shortly, and that he would appeal to Bostone, etc. Sworn in court.


Shoreborne Willson and John Willson deposed that being to- gether in the former's house on Sept. 25, 1664, and Hannah, daugh- ter of John Johnson of Andover being there also, said John Will- son went out to go home. Hannah followed him, called out to him and said her cousin William would go along with him to John Anaball's, if he would stay. Willson told her he was in haste to go home and she said "me thinkes if I were a mayd againe I could love you || if the old rogue were dead || he answered she was a married woman & no mayd," etc. He, going away, said "good night," and she moved toward him, saying "will you be gone y" I must leave you & I am sorry for that." Sworn in court.


"To John Pickring Constable of Salem


"These are in his Majesties name to Require you that wth all speed you send this letter to Ipswich to the psons derected, either


'Autograph.


#Names on the reverse of paper.


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1664]


COURT HELD AT IPSWICH, FEB. 18, 1664.


John Coleman, dying intestate, the Honered Majestrates, Mr. Samuell Symonds and Major Genrll. Denison, granted adminis- tration upon his estate to Mr. Petter Duncan, and he was ordered to bring in an inventory to the next Ipswich court.


by hireing a man, or pressing if not other wise, fayle not at yr Perrill p me Wm Hathorne .*


"21 : 6mÂș 1664:"'


On 28 : 4 : 1664, the following bill was to be allowed Constable Pickering: Charges about the prisoner, 2 men keeping him before he was sent away, 1 day, 3s .; at Mr. Hathorne's, 4s .; expenses at Winnesimet, 3s .; ferriage over to Boston, 9d .; ferriage coming back, 6s .; refreshing the men homeward, 2s .; 2 men, 2 days bring- ing him to Boston, Ss .; total, 1li. 1s. 3d.


Summons, dated 29 : 4 : 1664, to Mr. Anthony Ashby to appear the next day at 9 o'clock to answer a complaint, signed by Hill- yard Veren,* for the court.


Warrant, dated 27 : 9 : 1663, to arrest John Porter, jr., and take him to Bostone goal, and deliver him to the keeper, signed by Hillyard Veren,* cleric.


Warrant to the constables of Wenham, Salem, Lin, Charlstowne and Boston, dated Apr. 28, 1664, to make hue and cry and diligent search for Stephen Goodwin, "who this night hath broken the prison at Ipswich and careyed a way his sheckles he is a short big fellow a ruddy complection browne harie cuerlled an olld round cround hatte a ruset jacket and breeches one p the lachets of his shoes of having found him you are to apprehend and safely to convey him to Ipswich prisson," signed by Maj. Denison. Copy.


John Frie,* Richard Barker,* John (his mark) Johnson, Henry Ingalls,* Ralfe (his mark) Farnum, John (his mark) Russe, George Abbot,* Mark (his mark) Graves, Robert (his mark) Russell, Thomas Abot,* Timothy Johnson* and Walter (his mark) Wright, a jury of inquest appointed to view the body of Peter Allyn, "who goeing forth into the woods to worke in March last could not be found nor heard of notwithstanding the diligent search that was made for him sevall dayes till this 21. 4th 64," reported that "An Indian informed there was an English man found in the Ryver called Shawshin about a myle from the Towne of Andour wes repared to the place & found the sd Peter Allyn lyeing in the se Ryver pt of his cloathes on, & girt about him, his breeches & one stocking being rolled or torne of & pt of his flesh consumed, soe wee conceaue according to or best apprehension, that hee lost himselfe in the woods & goeing ouer the Ryvr accidentyly fell in & wad drowned."


"Wee whose names are underwritten of the inhabitants of || the


* Autograph.


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[Mar.


COURT HELD AT IPSWICH, MAR. 28, 1665.


Judges: Mr. Symon Bradstreet, Mr. Samuell Symonds, Major Genll. Denison and Major Willm. Hathorne.


Jury of trials: Lift. Samuell Appleton, Ens. Thomas Howlett, Cornett John Whipple, Samuell Graves, Jacob Perkins, Edward Chapman, John Kimball, John Bartlett, John Bayley, Edward Woodman, Tho. Bishop and John Andrews.


Aron Pengry was sworn constable for Ipswich, Tho. Baker for Topsfield, and Sam. Moody for Newbury.


Civil cases :---


Thomas Waite v. James Coleman and Edmond Ashby. For felling a tree and spoiling his ox. Verdict for defendant .*


John Warner, assignee of Thomas Wells and Dan. Warner v. John Fuller. Debt. The parties agreed.


John Hathorne v. John Pemberton. Debt. Verdict for plaintiff. John Emery v. Richard Kent. For taking away a young mare contrary to law. Nonsuited.


towne || of manchester having hyrede Thomas wright for our Cow- keper: but by Reesonn of divers thretning speaches geven out against hime: by John west which made the seyede wright a frayde of his life if he went that way: which made hime complaine to vs of it when we hyrede hime: & now senc the sayde wright is gonn whether we know nott: by which wee ar gretly damnyfiede for want of on to goe out with our Cowes. Therefore we do Humbly intreat this Honnored Courtt to tak it in thear seruss Considera- sion that the fatherles: & motherles childn may bee loked after: for wee think that we ar bound in duty to move it unto thes Hon" Court that thes || man || may be soft out if he be living or deade. tested Henry Lay, Tho. Bishope, Nickolos Vinson, Abraham Whit- hear, Aron Bennett, Ephrahime Mastone, Onysefarus Alling, Elisabeth Larcum."


*Thomas Burnum, sr., and Nathaniel Gage, aged about twenty years, deposed that about two or three months since, being in the woods on the south end of Red Roote hill, they saw a bullock which they then thought to be Thomas Waytes' for they knew he had missed one, which bullock lay under the body of a tree but lately fallen. Seeing the beast to be alive they cut away the boughs and helped him out and gave notice to said Wayte, who was then at Chebacky falls. They judged that the said bullock was beaten down by the fall of the tree and had not been by any other cattle or by himself thrust under the tree. Sworn in court.


Ephriame Fellows and Jeams Ford deposed that as we were at work upon the same hill where the bullock was, Reienalld Foster's cattle came to them the same day, etc. Sworn in court


229


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Mr. Ezchiell Rogers v. Mrs. Mary Rogers, executrix of the estate of Mr. Ezekiell Rogers of Rowley. Verdict for plaintiff. Respitted until the next Salem court .*


*Writ: Ezekiell Rogers, son of Mr. Nathaniell Rogers, deceased, late of Ipswich v. Mrs. Mary Rogers, executrix of the will of Mr. Ezekiell Rogers of Rowley; for not performing a promise made to said Mr. Nathaniell in behalf of his son, whereby said Mr. Ezekiell Rogers of Rowley had been obliged to provide for Ezekiell Rogers, son of Mr. Nathaniel, and to make his portion as good as the rest of the sons', which damage amounted to about three hundred pounds; dated Mar. 23, 1664; signed by Robert Lord,t for the court; and served by Robert Lord, marshal, by attachment of the house and land of Mrs. Rogers, also pasture land on the north side of the house.


Ezekiel Rogers' bill of cost, for sending to Yorkshire for M. Boyes' testimony, etc., 3li. 16s. 2d.


John Appleton,t William Goodhuet and Edward Lummast certified, Mar. 27, 1664-5, that the houses and lands of Mr. Nath- aniell Rogers, appraised in the inventory at 482li., were now worth 1,400li.


Mrs. Mary Rogers' bill of cost, 1li. 13s.


The plaintiff's declaration: That he was excluded from his father's will and had no portion bequeathed to him, as did the rest of his brethren, only a smaller pledge of his love and obligation to his memory; and that not out of any disregard or less regard to plaintiff but upon a full engagement of Mr. Ezek. Rogers of Row- ley, and that at the time when plaintiff's father, Mr. Nath. Rogers, was making his will, he promised to make the plaintiff's portion as good as the rest and to provide for him, whereby Mr. Nath. Rogers discharged himself from any care concerning plaintiff and indeed looked upon him as the elder brother, though but his fourth son, and who so knew the great intimacy and correspondence between the said Mr. Ez. Rogers and Mr. Nath. Rogers throughout the whole time of their neighborhood and converse together, besides their relation and consanguinity; and considering that Mr. Ezek. Rogers had no heirs of his own to whom to bequeath his estate, one would readily conceive that the said Mr. Nath., especially upon solemn engagement from his kinsman, Mr. Ezek., might without infringing any rule of prudence, trust that his son, the plaintiff, of the same name and blood with Mr. Ezekiel, should every way be provided for, and that to advantage as to mainte- nance and inheritance. But upon mistake, the plaintiff believes, having the most respectful apprehensions of the integrity of his honored and Revd. cousin Mr. Ezekiel Rogers, this engagement either as to maintenance or inheritance, has not in any suitable measure been performed. Plaintiff pleads for reparation, all other


t Autograph.


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[Mar.


overtures for a more private and amicable way of putting an issue to the case being rejected by defendant, and offers proof particular. That Mr. Nath. would not have left plaintiff out of his will, had he not thought Mr. Ezek. would carry out his engagement, as appears by testimony of Mr. W. Hubberd, Mr. Jno. Whipple and Mr. Ezekiel Cheever. That the plaintiff was left out of his father's will. That Mr. Ezek. Rogers of Rowley engaged to Mr. Nath., when upon his death bed to do for his son Ezekiel, as by testimony of Matthew Boyes, Mr. W. Hubberd, Mr. Jno. Whipple and son of Rowley and S. Brokelbanke. That the portion falls short, it being but 160li., whereby the others received 400li. each, and the amount was to be paid to the plaintiff in country pay which is the meanest that may be, whereas the sons of Mr. Nath. Rogers have 100li. in England and their hundreds here, which they have re- ceived, are better than the 160li. in country pay. That it was six years from the death of Mr. Nath. before he received the first 80li. and another year before he received the other 80li., and the plaintiff knows of not more than 20li. allowed toward his main- tenance for the whole time, whereas he might upon just grounds challenge 100li. As to maintenance he was bound by Mr. Ezekiel Rogers' act in appointing Goodman Bayly of Rowley to pay 10li. per annum, and by the testimony of J. Rogers.


Will of Mr. Nathaniell Rogers, pastor of the church of Christ at Ipswich, taken from his own mouth, July 3, 1655, and proved by oaths of Mr. Ezekiel Cheever and Deacon John Whipple, 25 : 7 : 1655, in Ipswich court:


"Concerneing my outward estate to one of the bretheren I have left a peculiar charge wch he shall have power in himselfe to doe and not to suspend. The summ of my estate both in old England and new, seemes to amount to about the value of twelve hundred pound; of weh summ, foure hundred pound is expected from my Father Mr. Robert Crane in England. To my son John, to pre- vent expectation of a double portion, I haue not so bequeathed, he hath never beene by any labour serviceable to his bretheren, but hath beenc upheld by there labour, & payne, while he hath beene determyning his way. Therefore I give & bequeath to him an equall portion with his other bretheren, viz. The summ of one hundred pound of my estate in old England & one hundred pound of my estate in New England. To my sonne Nathaniell I give & bequeath ye summ of one hundred pound out of my Estate in old England; & one hundred pound out of my estate in New England." He also bequeathed to his sons, Nathaniell, Samuell, Timothy, and Ezekiel, each, 100li. of his estate in old England and 100li. in New England.


"To my sonne Ezekiel I give & bequeath the sum of twenty pound, wch he shall have liberty to take in my bookes, if he please. To my daughter I have already given her at least two hundred pound. The Time of ye childrens receiveing their portions either in pt. or whole, shall be according to ye mutuall advice of my


231


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executors, with these godly frends named, viz. My cousin Ezekiel Rogers, Mathew Boyes, Ezekiel Cheever, who are intreated to advise and counsell in this, & any other case as need shall require. To my three grandchildren, John, Nathaniel, Margret Hubbard, I give & bequeath to each of them, the summ of fortye shillings. To my cousin John Rogers I give & bequeath, ye summ of five pound, wch is in the hands of Ensigne Howlett. To the children of my cousin John Harris of Rowley, viz. Elizabeth, Nathaniell, John, Mary, I give & bequeath to each of them ye summe of twenty shillings. To Mary Quilter my mayd servant, I give ye summ of three pound. To Sarah Fillybrowne my other mayd servant, I give ye summ of ten shillings. To Harbert Colledge in Cambridge I give & bequeath ye summ of five pounds. To the poore I give ye summ of three pound.


"The remayneing part of my estate || not yet disposed of | I give to my deare wife Mrs Margrett Rogers dureing her life, & after her decease to be equally distributed among my children by ye advice of ye friends above named. I doe || ordayne & | constitute my deare || & beloved | wife Mrs Margret Rogers, and my trusty & wellbeloved freinds Mr Robert Payne and John Whipple to be executors of this my last will, & Testament." Copy made, May 29, 1656, by Robert Lord,* cleric.


Inventory of the estate of Mr. Nathaniell Rogers of Ipswich, taken Aug. 16, 1655, by Robert Lord and Moses Pengry and al- lowed, 25 : 7 : 1655, in Ipswich court: In the hall, a round table with five joyne stooles, 16s .; six charies & five cussions, 1li .; a trunke, chest, & hanging Cuboard, Ili. 1s .; 2 Spanish platters, 5s .; a small cisterne with other implements, 17s .; a corslet, musket & fouleing peece, 3li .; a paire of cobirons & tounges, 7s. In the Parlour, a short table & forme, 19s .; 6 cushen stooles & 2 chaires, 2li .; a livery cupboard, 15s .; a featherbed, boulster, 2 downe pillows, coverlet, blankett & canopie bedsted, 6li. 18s .; a great chaire, 6s .; 2 pictures, 2li .; a clock & other Implmts., 3li .; a paire of Andiorns, fire pan & toungs, 13s .; 2 window curtaynes & rods, 10s .; a carpet, cubard cloth & Round table, Ili. 5s .; a treble viall, 10s. In the kitchen, 5 Iron potts and one old brase pot, 2li .; a copper kettell & two other old kettells, 4li. 10s .; 3 spitts, p. of cobirons, firepan & tonges, forke, tramells and Irons, 1li. 16s. 8d .; a copper & five skilletts, 2li. 15s .; 4 brase candlesticks & a chafin- dish, 15s .; a baking pan & a small old kettell, 6s .; 2 pudding pans, stewing pan & dripping pan, 5s .; a warmeing pan, morter & ladell, 10s .; pewter, 153li. 1-2 at 6d. p. li., 10li. 4s. 8d .; a Jack, pot-hookes & other Implemts, Ili .; a kneading trough, tubs, & other Lumber, 10s .; a trevet & fryeing pan, 6s .; 2 Gally basins, glasses & other Implmts, 16s .; a chafendish, & bedpan, 14s. In the cellar, 6 beere barrells, 3 poudering tubs, 2 leads, 4 trayes, a cheespres & some Lumber, 4li. 4s. In the Parlour chambor, a bedsted, curtaines,


*Autograph.


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IPSWICH QUARTERLY COURT


[Mar.


valencs & fetherbed, boulster, mattris, blanketts, Rugge, flock bol- ster, 2 down pillows, 14li. 10s .; a chest of drawers, 2li. 10s .; a trunke, 3 cushon chaires, 2 stooles, 2li. 14s .; a sute of greene, cur- taynes & valance, 1li. 13s .; 3 carpetts, 3li .; a cubbord cloth, 1li. 10s .; 2 window cushons, Ili .; a ppetuany coverlett, 1li. 5s .; a carpet, 2 window curtaynes & Rods, 16s .; a gilt looking glasse, 6s. 8d .; a childing wicker bassket, 3s .; a table basskett, 2s .; a paire of Andirons & tongs, 6s. 8d .; a sute of diaper table lenen, 4li .; another suite of diaper lennen, 2li. 15s .; a diap. cubard cloth, 1li. 5s .; 2 paire of Holand sheets, 3li. 10s .; 5 pillow beeres, 1li. 15s .; a paire of pillow beeres, 12s .; 2 cubard cloths & a paire of sheetes, lli. 13s .; 23 napkins, 1li. 6s. 10d .; a diap. cubard cloth, 10s .; a holland cubord cloth, 8s .; 3 holland table cloths, 1li. 5s .; 4 paire of sheets, 4li. 10s .; 3 towells, & a short table cloth, 10s .; a paire of pillow beeres, 7s .; goods out of England, 21li. 6s. 8d .; 3 paire of stockins, 1li. 1s. 8d. In the hall chamber, one bedsted & cord, 16s .; curtaynes & valance, 1li. 5s .; a fetherbed & bolster, 4li. 10s .; a flock bolster & 2 downe pillows, 1li. 2s .; a yallow rugg, 2li .; in English goods, 16li .; one pr. of sheets, 15s .; 6 cushons, 1li. 10s .; a couch & old coverlet, 7s .; in plate, 35li. 18s .; a watch, 4li .; one chest with a drawer, 16s .; 6 cushions, 24s .; a curtayne & 2 rods, 5s., 1li. 9s .; 6 yards of satinesco, 1li .; 7 pr. old sheetes, 3li. 3s .; 2 pr. corse pillow beeres, 10s .; 2 small trunkes with old boxes, 10s .; a chaire, trundlebed, & little flock bed, 16s. 6d .; a bedsted, flockbed & coverlet & blanket old, 1li. 17s. In the Garret over the parlour, one bedsted & cord, bed, & bolster, 2 old ruggs, 4li. 2s .; one chaire, 1s. 2d. In the study, his Library, 100 li .; a cabinet deske & 2 chaires, 1li. 5s .; a paire of creeps & pr. of tounges, 2s. 6d. In the chamber over the Kitchen, 2 flockbeds, blanket, ould coverlet, fether bolster & flock bolster, 3li. 10s .; 2 bedsteds & old rugg, 12s .; his weareing apparell, 16li .; wheat & barley in the barne, 200 bushels, 40li .; Indian corne, 160 bush. at 2s. 6d., 20li .; mault, 4 bush., 18s .; 2 bush. & halfe of rye, 10s .; woole & old caske, 8s .; 2 horses, 2 mares, one very old, 2 colts, 64li .; 7 oxen, 6 cowes, 66li. 13s. 4d .; 2 yearlings & 2 calves, 6li .; 3 ewes, 2 lambs, one weather, 9li .; swyne, 8li .; 6 acres of Indian corn on the ground, 9li .; 14 acres of upland & meddow at Mr. Eppses, 14li .; the farme where Goodman Commins is, 130li .; 15 acres on the common, 10li .; the house & land in Ed. Chapmans hand with the pasture adjoyneing, 120li .; carts, ploughs & furniture, 4li .; marsh in the hundreds, 8li .; the dwelling house, barne & orchard & 24 acres of land in the com- mon field, 200li .; in good debts, 50li .; in old England in Mr. Robert Crane, sr., hand, 400li .; total, 1,497li. 12s. 4d. Copy made, Jan. 1, 1657, by Robert Lord,* cleric.


Maxemillion Jewet testified that he heard Mr. Rogers of Row- ley express himself very much dissatisfied with the carriage of Ezekiell Rogers, particularly his familiarity with John Smith, his servant, the Scotchman, etc. Sworn in court.


* Autograph.


233


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Mrs. Mary Rogers' answer to Mr. Ezekiell Rogers' declaration: That they do not know why Mr. Nathaniell Rogers gave his son but twenty pounds, but probably he did, as he was a wise and pru- dent man. That they did not recognize any engagement of Mr. Ezekiell to provide for Ezekiell, as per testimony of John Pickard. That Ezekiell would have had more if he had been attentive to Mr. Rogers. That if consanguinity and bearing of the same name was sufficient to give title to men's estates, we should have little need of law. That Mr. Rogers never adopted Ezekiell as his own. That as for damage sustained by Ezekiell, they never knew any man to lose what he never had. That if Mr. Nathanell had an equal respect to his son, it did not so appear by his will nor by any word from Mr. Hubbard, Mr. Whiple or Mr. Cheaver. That Ezekiell received as good pay as the others, neat cattle, wheat, Indian corn, pork, butter and silver, and the cattle were appraised at a very low rate, etc.


Richard Swan testified that visiting Mr. Rogers between the time of Mr. Nathaniell Rogers' death and Mr. Ezekiell Rogers' making his will, said Rogers was troubled about Ezekiell Rogers, saying that he had not come to him when he had sent for him, nor would he cut off a lock of his hair at his desire. Sworn in court.


John Pickard, aged about forty-three years, deposed that he was present with Mathew Boyes, and the latter said that he was sent for to help make the will of Mr. Nathanll. Rogers and was also desired to repair to Mr. Ezekiel Rogers of Rowley to inquire of said Mr. Ezekiell what he intended to do for Ezekiell, said Nathanll's son, that the latter might know how to divide his estate. "Our Pastor" sent word that his cousin need not do anything for Ezekiell for he would do as much for him as Mr. Nathaniell would do for the rest of his children. Deponent said that about a year and a half before Mr. Ezekiell died, he heard him say that Ezekiell pleased him not, therefore he would give him no more than what he must, and being reminded of his engagement by Mathew Boyes, he declared that if it were not for respect to my cousin deceased, he would give him nothing. His reasons were, first, because he refused to dwell with him; second, because he would not keep at the College although he would have maintained him; third, be- cause he spoke to his mother to have his hair cut, but could not get it done. Deponent told him if these things were true Ezekiell deserved to be disinherited. Sworn in court.


Mr. Jno. Whipple, sr., aged about sixty years, deposed that speaking with Mr. Nathaneel Rogers in his last sickness a few days before his death, he repaired to Mathew Boyse of Rowley, who was looked upon at that time as one having the greatest interest in Mr. Ezekiell Rogers, etc. Elder John Whipple and Mr. William Hubbard testified to the substance of the same. Sworn in court.


John Pickard deposed that at about the time Mr. Ez. Rogers of Rowley sold a parcel of land to James Bayly, said Rogers de- clared that his reason for selling it was to procure a servant and to


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[Mar.


pay ten pounds yearly to Mrs. Rogers of Ipswich toward the main- tenance of her son Ezekiell. Sworn in court.


James Bayley deposed that Mr. Ez. Rogers ordered him to pay for the land, 40li. in four years, of which he paid the first 10li. to Mrs. Rogers, but was forbidden to pay the rest because Mr. Rogers was displeased with the young man about his marriage. Sworn in court.


W. Hubbard, jr., aged about forty years, deposed that in the year 1655, when Mathew Boyes went to consult Mr. Ezekiel Rogers about Nathaniell's will, he found Mr. Ezekiell in his cham- ber very ill and lame in his right hand so that he was unable to write, etc. Also in 1660, he was present with Elder Whipple at the house of Mr. Ezekiell, and told him that the other children of Mr. Nathaniell had 300li. each, at which Mr. Ezekiell was silent, but finally said "I have allowed my cousin Ezekiel Rogers 10.1i a yeer, which is a considerable matter for mee in this countrey, although in England I should have accounted it nothing." Sworn in court.


Mary Hubbert* affirmed that after her father Rogers' death, her brother Ezekiell Rogers was very desirous of living with his cousin Mr. Ezekiell Rogers of Rowley, because when sundry complaints were made to his mother against him, he knew he could please him if he lived with him, but he should never please him unless he did. Deponent said that their friends tried to induce her cousin to have him, but were discouraged, after hearing a report from one near to her cousin that he should not go there. When her brother lived with him before, he wore his hair longer by her cousin's sufferance, contrary to her father's desire, than the rest of his brothers. This was one reason why he was not willing to live constantly at the College, because he had not sufficient mainten- ance allowed, not having more than five pounds a year at the most. Sworn, Mar. 31, 1665, before Jo. Woodbridge, sr.,* and Nathll. Saltonstall .*


Samuell Brocklebank deposed that he was present when Mr. Ezekiell Rogers of Rowley made his will and that he left Ezekiell but eight score pounds, saying that what he had promised was on condition that he would be guided by him and hearken to his counsel, which he had never done since his father's death. Sworn in court.


Mrs. Margaret Rogers, aged about fifty-five years, deposed that. Mr. Ezekiell Rogers told her, after her husband's death, that he would give her son Ezekiell his house where he then lived, with several parcels of land and to allow 10li. yearly toward his educa- tion. She also went to see him about her son Ezekiell's hair which was complained of as being too long, "but when Mr Ez. Rogers, would have had her son bound to let his hayre be no longer then to ye lower tip of his eares, she told him, she would never yeild to


* Autograph.


235


RECORDS AND FILES


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Tho. Kimball, assignee of Robert Punell v. Richard Shattswell. Debt. Verdict for defendant.


John Procter v. John Hasscall. Verdict for plaintiff .*


William Lambert v. George Hadley. For withholding three pounds, it being the gift of Rich. Saltonstall, Esq. Nonsuited.




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