USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 29
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*Summons, dated 11 : 6 : 1665, signed by Wm. Hathorne.t
Nathaniel Felton certified, 26 : 7 : 1665, that he appraised for the marshal a piece of salt marsh that belonged to John Smyth. Wit : John (his mark) Suthwicke and John King.t
+ Autograph.
276
IPSWICH QUARTERLY COURT
[Sept.
Robert Swan, complained of by Stephen Webster for stealing wheat, was ordered to pay treble damages .*
Copy of the appraisal made by Nathaniell Felton and Nathaniell Pickman, 7 : 2 : 1658, of the salt marsh of John Smith, at the lower end of his tenacre lot in the north neck and compassing round the cove, at six pounds.
Rueben Guppy, aged about sixty years, deposed that he was employed by Edmund Batter to mow salt water grass in the marsh formerly of John Smith, tailor, of Salem, and he and John Glover cut thatch there and left it to dry. The next morning they found that it had been carried away and deponent tracked the cart. Thomas West told him that he saw Joshuah Buffam go by early in the morning with thatch. Then deponent waited for the cart Mr. Batter had hired to come, and spent three days about the busi-
ness. It was called small creek thatch, etc. Robert Willson said that Smith had the grass two years and expected to have it another year. Sworn, 22 : 6 : 1665, before Wm. Hathorne .;
Samuell Archard, marshal, aged about fifty years, deposed that the marsh was attached for fines and Mr. Batter, treasurer, took it and paid the fines, etc. Sworn, 25 : 7 : 1665, before Wm. Ha- thorne. t
Edmond Batter, aged about fifty-seven years, deposed. Sworn in court.
Xtopher Waller, aged about forty-two years, deposed. Sworn, 28 : 6 : 1665, before Wm. Hathorne.t
John Glover, aged about twenty-seven years, deposed that creek thatch was as good fodder as hay, etc. Sworn, 22 : 6 : 1665, before Wm. Hathorne.t
Thomas West, aged about thirty years, deposed. Sworn, 14 : 6 : 1665, before Wm. Hathorne.t
*Stephen Webster deposed that upon Aug. 4, 1665, he and Rob- ert Swan were in company with some of their neighbors, and they tried to agree about the wheat, etc.
Zeackriah Whitt, aged about twenty-three years, deposed that he was employed to shock his master Webster's wheat, which grew upon land near to Robert Swann's house, and the last day they were reaping said wheat, Joseph Johnson was helping him. The next morning much of the wheat was gone, etc. He also mowed wheat for Swan near his orchard. Sworn, 10 : 6 : 1665, before Simon Bradstreete.t
John Heasellton, sr., testified that he and his son Samuell plowed the land for Steven Webster, which land adjoined the little river near the saw mill, etc. Sworn, Sept. 25, 1665, before Simon Brad- streete.t
John Griffen, aged about twenty-four years, deposed that Swan told him that he had the wheat in exchange, etc.
+ Autograph.
277
RECORDS AND FILES
1665]
Stephen Webster was fined for speaking reproachful words to Robert Swan .*
Joseph Johnson, aged twenty-seven years, deposed that he worked upon the land that Steven Webster sold to Robert Swan, etc. Sworn, 10 : 6 : 1665, before Simon Bradstreete.t
Samuell Heazellton deposed.
Samuell Gilde (also Guill), aged about sixteen years, deposed that his master Swan's cart, etc. Sworn in court.
John and Joseph Johnson deposed. Sworn in court.
Thomas Davis deposed that part of the land was sown with "silpy" and the other part with wheat, etc. Sworn, Sept. 22, 1665, before Simon Bradstreete.t
Edward (his mark) Brummidge deposed that Steven Webster's lot was near Abraham Whittiker's house, etc. Sworn, Sept. 22, 1665, before Simon Bradstreete.t
John Hazeltine and Stephen Kent, sr., deposed that Samuell Guile, jr., etc. Sworn, Sept. 25, 1665, before Simon Bradstreete.t
Jno. Griffin, aged about twenty-four years, deposed. Sworn, 10 : 6 : 1665, before Simon Bradstreete.t
*Robert Swan's complaint to the Worshipful Mr. Bradstreete against Stephen Webster : For saying that he would be the death of him, and for saying that Swan was a weak man and he could drive a dozen such as he before him through the town; also for threatening to burn said Swan's barn, which might be disastrous to himself, wife and children, for his dwelling house was very near the barn, etc.
Elizabath Whiticker and Samuell Gile, jr., deposed that the same day that Robert Swan was charged with taking away the wheat, Stephen Webster said that if it had not been for Goody Swan, he would have knocked Robert in the head, etc. Sworn, Sept. 25, 1665, before Simon Bradstreete.t
Barthellme Heth deposed that Stephen Webster came to him with some neighbors to ask counsel, and soon after Robert Swan came for the same purpose. Webster desired counsel before his father Emiry and John Griffen, etc. Sworn in court.
Abigale, wife of John Remington, deposed that being abroad in a hemp yard, she saw Webster go to her brother Swan's, and her sister Swan go with him to the barn. Webster said to Swan, "art thou a church Member, and dare to doe lyes," with which he stabbed at him with the fork he had in his hand, making a mark on his breast. Webster stood on the rails that were set up on the outside of the barn to fence in the mow, etc. Sworn, Sept. 22, 1665, before Simon Bradstreete.t
Robertt Swan deposed that they at first agreed about the wheat and shook hands and later Webster told him that he had played him a scurvy trick, sometimes he had put two sheafs together and
t Autograph.
278
IPSWICH QUARTERLY COURT
[Sept.
Joseph Leigh, for many offences, was sentenced to pay a fine, to be severely whipped and bound to good behavior. He was to be imprisoned until the fine was paid, and upon his petition, the corporal punishment was changed to a fine and a fortnight's im- prisonment .*
again only one and a half. This he had done by taking some wheat out of the sheaf, putting it at the end of the band, drawing it up to the heads and twisting it together and made the band longer. Deponent told him that it was horrible wickedness for him to make deponent appear guilty when he was guilty himself, and he said it was good policy to use means to keep himself out of snares, etc.
Elizabeth (her mark) Swan, wife of Robert Swan, deposed con- cerning the assault in the barn. She took the pitchfork from the men, and Webster told Swan that he would be the death of him if he hanged for it, etc. Sworn, 10 : 6 : 1665, before Simon Brad- streete.t
Elizabeth (her mark) Swan, daughter of Robert Swan, deposed. John Griffen deposed that being at the house of his father Sherred, etc.
*Joseph Leigh'st petition to the court for clemency. He acknowl- edged that he knew of the death of the sow and that he did wrong to Goodman Kemball in inticing his servant away.
James Sanders deposed that he sold a hundred old rails to Jo- seph Leigh, and had the team of John Leigh, sr., to take them home. They were in Mr. Hubbard's lot, and these are the rails he would have sold to Daniell Hovey a year ago. Sworn, Apr. 27, 1665, before Daniell Denison. Copy made Sept. 4, 1665 by Robert Lord,t cleric.
Thomas Kimball, aged about thirty years, deposed that Joseph Leigh inticed his servant, James Sanders, away in his absence, and when deponent accused him of it, he called God to witness that he knew nothing of it, and his solemn protestations made deponent think him innocent. Afterwards deponent threatened to prose- cute him and the next Saturday, he brought back the servant. One day when deponent went to Boston, Leigh advised Sanders to run away, promising to give him money and victuals. Sanders told his master and the latter went to town and while in hiding saw Leigh deliver money, a pair of stockings, bread and cheese, and heard him ask Sanders if he had his master's best shoes. Sworn in court.
Symon Tompson deposed that Goodwife Leigh knew of the killing of the sow. Sanders killed it and Joseph was with him. Sworn in court.
James Saunders, aged about twenty years, deposed that he let the sow that belonged to William Downing out of John Ring's barn, being importuned by Joseph Leigh. That he and Joseph +Autograph.
279
RECORDS AND FILES
1665]
Goodwife Leigh was fined for concealing stolen goods.
James Sanders, for "sayeing and unsayeing and sweareing,". was admonished and ordered to make public acknowledgment in the meeting house.
The fourth part of a single country rate was ordered to be levied to defray the county debt.
Joseph Leigh and John Leigh were bound for the former's ap- pearance, and John was to deliver Joseph a prisoner to Mr. Willson.
Mr. Samuell Symonds and Major Genrll. Denison were ordered to call the surveyors of Ipswich to account for neglecting to mend certain highways.
Anna Hayward was appointed administratrix of her husband, Nehemiah Hayward's estate, the latter having left a will with no executor named.
Five shillings were given to the house.
COURT HELD AT HAMPTON, Oct. 10, 1665.
Jury of trials : Jno. Eaton, Jno. Gill, Jno. French, Robert Dow- ner, Christopher Palmer, foreman, Anthony Tayler, Godfrey Deareborne, Jno. Marian, Tho. Marston, Moses Gillman, Umphrey Wilson and Jno. Johnson, Jno. Eyer and Mr. Richard Oliver.
Jno. Johnson was fined for absence from jury.
Civil cases :-
Abraham Whiticker v. Jno. Haseldine. Trespass. For mowing a part of his grass and taking it away from his Spickett meadow and for laying claim to said meadow. Verdict for plaintiff.
Francis Page v. Isaac Cole and Abraham Cole. For not per- forming certain articles in a covenant about the eighth part of a
knocked her in the head, and the old woman, Goodwife Leigh, had knowledge of it, but advised them not to use the meat for fear the house would be searched, etc. Further that said Joseph urged deponent to steal a sythe of Mr. Bennet, and Joseph also had on a pair of Bennet's gloves. Deponent also stole wheat from his mis- tress. Neither John Leigh, sr., or John Leigh, jr., knew of these things. Sworn, May 1, 1665, before Daniel Denison .*
Verdict of the jury signed by James Chute .*
Jeams Sanders, aged about twenty-two years, deposed that Leigh hid him a week at "Hard-brick hill" and at his father's swamp near the hill, etc. Sworn in court.
* Autograph.
280
HAMPTON QUARTERLY COURT
[Oct.
saw mill and certain land which Cole hired of Page, as per covenant dated last of October, 1662. Verdict for plaintiff.
Mr. John Wheelwrite v. Capt. Brian Pendleton. For unjustly detaining certain goods, a feather bed, bolster, two down pillows, one green worsted rug, one suite of silk curtains and valance, two round tables, ten pewter dishes, two pewter plates, two cushions, one carpet, one chafing dish, three pair of sheets, six napkins and three towels. Verdict for defendant.
Nathanell Boulter v. Abraham Corbitt. Debt. For 7,750 pine boards delivered at Exiter to said Corbitt's man, as appeared by a receipt, etc. Verdict for plaintiff.
Nath. Boulter v. Nicolas Norris. For not performing a month's work for plaintiff according to agreement. Withdrawn.
Willi. Marston, sr. v. Jno. Lewis. For 42 1-2 bushels of Indian corn delivered to him at 4s. per bushel and 32 1-2 pounds of pork at 5d. per pound. Withdrawn.
Georg May, assignee of Willi. Marston, sr. v. George Walten. Debt. To be paid in cod fish. Verdict for plaintiff.
Henry Roby v. Dorman Disher. For detaining 1000 hogs- head staves delivered by Wm. More for Henry Roby on account of Capt. Clarke, as appeared by a receipt, etc. Georg Walton forfeited his bond for said Disher's appearance.
Jno. Robison, chosen by Exiter to end small causes, was ap- proved.
Anthony Stanian was sworn constable of Hampton.
Willi. Fifeild, Giles Fuller, Godfrey Dearborne and Henry Roby were freed from ordinary training, paying to the military com- pany of Hampton, 3s., 5s., half a crown and 5s., respectively.
Tho. Sleep. was freed from training.
Mr. Christopher Hussie and Tho. Warde, chosen to end small causes for Hampton, were sworn.
Edward Clarke of Haverhill was granted administration upon the estate of Willi. Deale, late of Haverhill, and was ordered to bring in an inventory.
Jno. Robison was allowed to keep a ferry at Exiter and to have a penny for a passenger.
The committee concerning the repair of Exiter bridge was con- tinued and was ordered to report to the next Salisbury court.
A rate was ordered to be made.
Capt. Christopher Hussie, Ens. John Samborne and Tho. Phil- brick, jr., were appointed to make a division of the estate of Tho.
281
RECORDS AND FILES
1665]
Chase, formerly of Hampton, to the children, according to Hampton court order, 3 : 8 : 1654, with consent of Elizabeth Chase, admin- istratrix, who was to have 4li. out of the lands.
Isac Cole was fined and bound to good behavior for profane speeches and violence. Continued to next Salisbury court.
Jno. Huggins was given until the next Salisbury court to bring in what he could find of Legat's estate.
A rate of 30li. was ordered to pay the county debt.
Ten shillings to the house, that is, the servants.
Twelve shillings allowed to Exiter jury of inquest.
Isaac Cole and Abraham Cole were bound for the former's ap- pearance.
Jno. Eaton was fined for striking Moses Woster.
Jno. Wedgwood, Joseph Dow, Mr. Colcord and Mingoe .*
COURT HELD AT SALEM, 28 : 9 : 1665.
Judges : Worshipful Mr. Symond Bradstreet, Mr. Samll. Sy- monds, Maj. Danll. Denison and Major Wm. Hathorne.
Grand jury : Mr. Henry Bartholmew, Barth. Gidney, Jon. Dodg, sr., Antho. Ashby, Nath. Putnam, Jisiah Rootes, Edw. Humber, Samll. Daliver, Nicho. Vinson, Will. Charles, Hen. Collins, sr., Allen Bread, sr., Jon. Witt, Hen. Roades and Mr. Charles Gott.
Jury of trials : Leift. George Gardner, Mr. Zarubabell Endecott, Humfry Woodbery, Nicholas Patch, John Neale, Thomas Robbins, John Millett, Robert Knights, Frances Burrell, Robert Burges, Theophilus Bayly and John Clearke.
Civil cases :-
Frances Wainewright v. Richd. Coye. Debt. Verdict for plaintiff.t
Tho. King and Henry Roby deposed that they saw Goodman Wall bring hay from the meadow, etc. Sworn at Hampton court, 13 : 8 : 1665, before Tho. Bradbury,} rec. Copy.
tAccount against Richd. Coy, May, 1663, 12li. 10s. 10 1-2d .; Cr., 24 : 9 : 1663, 4li. 15s. 6d. Accounted with said Coy, Apr. 28, 1664, and due to balance with allowance for a pair of pistols, 8li., to be paid in wheat. Richd. Coy, Dr., 19 : 3 : 1664, to one paire of sissers, 4d., pipes, 1d., salt, 12d., 1s. 5d. Francis Wainewright acknowledged this a true copy as per his book of accounts, Nov. 27, 1665, before Daniel Denison.#
*Fragmentary notes.
#Autograph.
282
SALEM. QUARTERLY COURT
[Nov.
Robt. Hooper v. Hen. Russell. Defamation. For calling him thief. Verdict for plaintiff. Defendant was ordered to make a public acknowledgment :*
Tho. Newall v. George Keiser. Verdiet for defendant.t
Letter of attorney, dated 27 : 11 : 1665, from Francis Waine- wright to Robert Lord, sr. Wit: Daniel Denison.}
Writ, dated Oct. 24, 1665, signed by Robert Lord, # for the court, and served by Robert Lord,# marshal of Ipswich, by attachment of wheat, oats, and Indian corn of defendant.
Francis Wainwright's bill of costs, 18s. 8d.
Robert Lord, marshal, testified that the wife of Richd. Coy said, etc. Sworn, Nov. 27, 1665, before Daniel Denison.}
Copy of the lease taken from Salem court files by Hillyard Veren, } cleric.
*Writ, dated Nov. '21, 1665, signed by Moses Mavericke,# for the court, and served by John Codnor, constable of Marblehed.
Roger Russell, aged about three score years, deposed that Ro- bart Hupper took away a hogshead of salt from Henrie Russell, jr., etc. Sworn in court.
Robertt Hoper's bill of charge, 1li. 7s. 6d.
John Chanell, aged about "a twintie Jert" years deposed that he heard Huper say that he had taken salt from master Lattemor's stage, etc. Sworn in court.
Moses Mavericke,¿ aged about fifty-four years, deposed that. in 1664 Russell and Hoper both bought salt of him at twelve shil- lings per hogshead. Sworn at court.
Richerd " Russell, aged about twenty-three years, deposed. Sworn in court.
+Writ : Thomas Newhall, jr. v. Gorg. Keasur; for damage he sustained by his digging a pit to the loss of his child; dated Nov. 23, 1665; signed by John Fuller,# for the court, and served by Thomas Browne,¿ constable of Lyn, by attachment of defendant's house and land in Lyn and his meadow in Romly Marsh.
John Hathorne,į Thomas Marshall,; John Fuller,¿ Mathyas Farington, John Bourrill,# Thomas Couldom,# Will. Clarke,} John Mansfeild,¿ Georg Taylor,# John Ramsdell,¿ Richard Huddt and Joseph Mansfeild,¿ on Apr. 13, 1665, were warned by Thomas Wheeler, constable of Lynn, to inquire into the death of a child of Tho. Newell, jr. They met at the house of said Newell, and saw the dead child, of about two years who had been drowned in a pit of water. The wife of Robert Potter and the wife of John Newall told them that they found the child floating upon the top of the water dead, and the mother said that she had missed the child between a half hour and an hour. The pit was two feet in depth, and about six or seven feet over, filled with mud and water, being near the highway in front of said Newall's door, and being falling
#Autograph.
283
RECORDS AND FILES
1665]
Samuell Legg, assignee of John Legg v. William Nick. Debt. Withdrawn .*
ground near the said pit, a child playing there by any small slip or stumble might fall in. Sworn, 4 : 5 : 1665, before Wm. Hathorne.t Georg Keser's bill of costs, 2li. 2d.
Thomas Morris, aged about thirteen or fourteen years, deposed that he asked Newell's son Thomas where the child was drowned and he said in the hole they made and put water in to keep ale- wives for fishing, and deponent had seen John, Thomas and Joseph Newell do it.
Sarah Keaser deposed that the place was fenced in, etc. Sworn in court.
Robart Potter and. John Newhall deposed that George Keser had a tan vat in that pit, and when he took up his vat, he left the pit open. Sworn in court.
John Keser, aged about seventeen years, deposed that there was a trench dug from the hole to the waterside, so that no water could stand there, and that it was grown over with grass. He had seen sheep and hogs feeding in it, etc. Sworn in court.
John Mansfeild, aged about forty-six years, deposed that there was clay, etc. Sworn in court.
Daniell Mathews, aged about twenty years, deposed that he had seen Thomas Newell's son Thomas digging there with a hoe, etc. Sworn in court.
Arter Carey deposed. Sworn, in court.
Eleazer Keasar, aged about eighteen or nineteen years, deposed that Mr. Hathern noticed the trench, etc. Sworn in court.
Elisabeth Morris, aged about twenty years, deposed that the hole was shallow nine or ten years before, etc. Sworn in court.
*Writ : Samuell Legg, assignee of John Legg v. William Nick; debt due from Peeter Pittford, deceased, said Nick being said Pit- ford's successor and possessor of all or most of his estate; dated 6 : 9 : 1665; signed by Hillyard Veren,t for the court; and served by John Codnor, constable.
Peter (his mark) Pitford, on June 25, 1653, promised to pay 9li. to John Leag for Josef Rogers. Wit : Arthur Sandet and John Sande.t Sworn by Arther Sandin, 26 : 8 : 1665, before Wm. Hathorne.t John (his mark) Legg, sr., of Marblehead, on Nov. 16, 1665, assigned this bill to his son, Samuell Legg, of Marblehead.
Peter (his mark) Pitford of Marblehead, on 5 : 8 : 1650, being indebted to Capt. Hathorne for 30li., conveyed to him his house, five acres of land, his stage with an acre of land, a cow and calf, eleven swine, etc. Wit : Samuell Archardt and John Wm. Hathornet assigned this mortgage, 17 : 11 : 1655, to William Nick.
t Autograph.
284
SALEM QUARTERLY COURT
[Nov.
Tho. Chandler v. Job Tyler. Slander. Withdrawn .*
Richd. Clathery, Richard Crocker, Emanuell Martin and Greg- ory Codner acknowledged judgment to Capt. George Corwin.
James Freind was sworn constable for Wenham, and Samll. Ward for Marblehead.
Jon. Hathorne, assignee of Samll. Bennett, sr. v. Benjamin Gillum, sr. Debt. Verdict for plaintiff.t
Elisabeth Legg, aged about fifty-seven years, and John Legg, jr., aged about twenty-one years, deposed that when Petter Petford, sr., deceased, he left estate not mortgaged, consisting of one pair of shot molds, one fowling piece which William Nick now makes use of, the bed, curtain and valance and pewter, all of which he kept for his son. Sworn in court.
*Writ: Sergt. Thomas Chandler v Job Tylar; slander; saying that said Chandler was a base, lying, cheating knave and that he had gotten all his estate by cheating, etc .; dated Nov. 20, 1665; signed by Simon Bradstreete,¿ for the court; and served by John Stebbins,# constable of Roxbury.
+Writ, dated Oct. 16, 1665, signed by John Fuller,# and served by Rich. Wayte,¿ marshal of Boston, by attachment of a parcel of sea coals of defendant.
Robt. Pateshall, aged about fifty-five years, deposed that Mr. Benjamin Gillam, sr., told him on Nov. 25, 1665, that there was a parcel of coals of his attached by marshal Wayte at the suit of Jno. Hawthorne, attorney to Sam. Bennett, etc. Sworn in court.
John Hathorne's bill of cost, 2li. 18s. 10d.
Samuell Benett, jr., deposed that he was present at the loading of planks in the 15th article and with the team loading timber in the 16th article and that the lighter was sunk at Nahant, her rud- der and rigging lost, etc. Sworn in court.
Robt. Pateshallt and John Haymant audited the accounts be- tween Mr. Samuell Bennett and Mr. Benjamin Gillam, sr. Sworn in court.
Account of Mr. Benjaman Gillam, sr., due Samuell Benett,} 1667 and 68 : For 5 weacks for 6 men dresing there diat and find- ing them beare and lodging, 2li. 5s .; finding them all bread one weacke, 6s .; mackerill for your men, 5s .; seven days for the youes of my horse at your plesure, 10s .; keeping your horse in the stable, 2 weackes and 3 dayes, 8s .; my teame one day and halfe to draugh timber out of Capt. Marshall's place, 10s. 6d .; 240 foot of inch and halfe plancke, 1li. 4s .; 4,708 foot of plancke at 11s., the hun- dred at waterside, 25li. 17s .; Carting 1,100 plancke to Winesimett, 3li. 3s .; carting a cele pese of 36 foot long to Winesemett, 12s .; carting a cilson to Winesemet, 48 foot long and squaring of it, 1li. 4s .; six wale peses at the waterside, 2li .; 8 beames with other timber made up 6 tunn, 3li. 3s .; loding plancks with 3 men, 6s .;
#Autograph.
285
RECORDS AND FILES
1665]
Phillip Fowler and wife Mary, administratrix of the estate of her late husband, George Norton v. Roger Preston. Debt. For rent. Verdict for plaintiff .*
loding beames, wales and slabes with 4 men and my teme with other timber, 18s .; three viages with my liter caring of plancke, timber and cord wood to Boston, 7li. 10s .; 17 Cord of wood delivered at your houes, 5li. 19s .; diat and lodgeing severall times for your selfe, 18s .; 3 quart of licker lent you, 6s .; 7 bushells of wheat de- livered to Mr. Blith, 1li. 15s .; 7 bushells of malt at 5d. 1li. 15s .; carting timber from Edmons lot one day and half, 18s .; 4 turnes with the liter when Mr. Gillam manned her, 8li .; damage to the Liter, 4li. 10s .; 3 men one day to Nahant looking after the Liter, 6s .; 2 dayes of my soone ditto, 4s .; 6 wales peses sawed at the pit and caried to the water side, Ili. 6s .; a stem of about a tunn of timber draught to Winesemett with 8 oxen, 17s .; 470 foot of inch and quarter bords delivered at Winesemett, 1li. 16s. 9d .; one viage with the liter to Waimoth with my soone in her, Ili. 15s .; timber carted out of the woods to the waterside, 16 tunn, 6li. 8s .; the last time your men was at worcke at my houes for diatt, Ili. 10s .; too dayes carting to Winesemett with too temes, 1li. 12s .; one day with too temes carting out of the woods, 16s .; 5 peases of timber delivered at Boston by Jeames naiburs, 1li. 6s .; the timber you reseved Last when your son Joseph was heare, 12s .; total, 92li. 19s. 3d.
Samuell Benett of Romelye Marsh on Sept. 12, 1665, assigned this bill to John Hathorne of Lynn. Wit : Samuell Bennett, jr.t
John Brown, aged about thirty years, deposed concerning the planks carried to Capt. Marshall, the getting of timber at Samll. Bennett's house by Mr. Gillam and his two sons Benjamen and Zackery, John Armitage, Tim Armitage, John Wackfeld, Peter Grant and Joseph Stocker, etc. Sworn, 17 : 5 : 1665, before Oliver Purchis, t commissioner at Lyn.
Samll. Bennett, jr., certified to the particulars in the foregoing account. He further deposed that Mr. Gillam took his father's lighter to go to Nahant and put men in her unknown to his father, and hearing that she was stuck at Nahant, he and his father went there and found that some of the wood had been cast out of her and some was frozen in her, etc. He also tried to have the lighter men bring her up their river, etc. Sworn, 17 : 5 : 1665, before Oliver Purchis,t commissioner at Lyn.
After Caine of Boston, aged about fifty years, deposed concern- ing wood delivered to Joseph Boude, etc. Sworn, at Boston, 27 : 9 : 1665, before Edward Tyng,t commissioner
Mycal (his mark) Delare, aged about eighteen years, deposed that he was servant of Samuell Bennett, etc.
*Writ, dated Nov. 13, 1665, signed by Robert Lord,t for the court, and served by Robert Lord,t marshal of Ipswich, by attach- t Autograph.
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