USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 33
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Inventory of the estate of Andrew Hodges of Ipswich, lately deceased, taken Jan. 16, 1665, by Robert Lord* and Jacob Foster,* and allowed, Mar. 27, 1666, in Ipswich court: Wearing apparrell, 10li .; a fether bed, 2 feather boulsters & 2 pillows, an old blankett & ould rug, 7li .; little flock bed, 1li .; one bedstead & cord, 1li. 10s .; a paire of curtaines & valence, 1li. 18s .; trundle bed & cord, 10s .; flockbed, 1li. 15s .; one fether pillow with a new tike, 9s .; one old fether pillow, 3s .; one woole pillow, 3s .; a blankett of trucking cloth, 12s .; 2 old blankets, 3s .; an old darnacle coverlett & cur- taine, 4s .; one paire of flaxen sheetes, 1li. 3s. 4d .; one old worne fine sheete, 7s .; 2 paire old corse sheets, 10s .; 3 corse sheetes, 14s .; one corse table cloth, 5s .; a flaxen table cloth, 6s. d .; one napkin, 3s. & 4 napkins at 5s., Ss .; one paire of fine old pillow beeres, 5s .; two paire corse pillow beeres, Ss .; 4 corse towells, 3s .; a trunke, 6s. 8d .; a broad box, 3s. 4d .; a desk, 2s. & 3 old boxes, 3s., 5s .; a table & forme, 12s .; 3 darnacle curtaines, old ones, 4s. 6d .; one
* Autograph.
316
SALISBURY QUARTERLY COURT
[Apr.
Jury of trials: Henry Palmer, foreman, Jno. White, Isaac Bus- well, Jno. Dickison, William Barnes, Wymond Bradbury, Tho. Mudget, Jno. Gillman, Jno. Fulsham, Mr. Henry Dearing, Henry Robie, Jno. Smithe. James Pecker, in Mr. Colcord's cases, and Tho. Philbrick and Jos. Dow in the case between Fulsham and Cpt. Shapleige.
Godfrey Dearborn fined for not appearing to serve on the jury.
great chaire, 3s .; two chaires, 3s .; two old cushens, 2s .; a paire of Andiorns, 6s .; fire pan & tongs, 5s. 6d .; a paire of bellows, 2s .; 2 smotheing Irons, 2s .; a lookeing glase, 10s .; a leather case, 6d .; a bible & 2 little bookes, 10s .; one grt. Iron pott, 18s .; a little Iron pot, 6s .; one Iron kettle, 4s. 6d .; a small Iron pott, 2s. 6d .; brase pott, 12s .; two brase kittells, 16s .; a skillet & little kettell, 3s .; chafen dish, 5s .; 2 skimers, 3s. 6d .; brase morter & pestle, 6s .; old warming pan, 5s .; a spitt & bread bowle, 3s .; a frying pan, 2s. 6d .; 3 grter pewter dishes & a plate, Ili. 4s .; 4 smaller dishes of pewter, 10s .; a vearged bassen, 8s .; a peece bassen, 3s .; pewter candlestick, 3s .; pewter salt, 2s. 6d .; wine qurt. pott, 4s. 6d .; an ale qurt. & pint pott, 6s .; 4 poringers, 3s. 4d .; 3 pewter sasers, 2s .; 4 ocumy spoones, 1s. 4d .; a driping pan & puding pan, 3s .; pan, fish plate & tunell, 1s .; earthenware, 4s. 6d .; pewter chamberpot, 2s .; a paire of taylours sheeres, 1s. 6d .; a paire of pincers, 1s .; a broad grat, 8d .; hamer, ager, chissell & old goudg, 3s .; a mortiseing axe & a handsaw, 3s .; 2 sives, 2s. 6d .; cheesepres, 4s .; cubbard, 10s .; 2 little old tables, 3s. 6d .; beetle rings, 2 old axes & 2 wedges, 7s .; old spade, broken pikax, old how, 1s. 6d .; wooden dishes, 2s .; paile & pigin, 2s. 6d .; tramell, 4s .; 3 trayes, bowle, 2 keelars, 8s .; a red rugg, 15s .; a trunck, 6s .; poudereing tub & chirne, 7s .; 2 firkings & salt, 3s. 6d .; 3 beerefirkings, 4s .; about 3 peackes of wheate, 3s. 9d .; tobaco in the leafe, 2s .; pott of butter, 7s .; in pourke, 2li. 10s .; hatchell, 4s .; scales & waites, 1s. 6d .; coslet & pike, 1li. 5s .; sea chest, 8s .; English corne, 4li. 15s. 9d .; Indian corne, 3li. 19s. 6d .; 2 lenen wheeles & a wollen one, 10s .; halfe bushell, 2s .; tub & little ground malt, 3s .; an old cart rope, 2s .; 8li. of fleese woole & 3 of lambes, 14s .; 12li. cotton woole, 12s .; sheepes woole, 7s. 6d .; cotton yarne, 7s. 6d .; woollen yarne, 15s .; paire of pothookes & a houre glase, 2s .; 2 bullocks, 11li .; 4 cowes, 18li .; a steere, 4li. 10s .; heifer, 3li .; 2 calves, 2li. 10s .; 9 sheepe, 4li. 10s .; harrow, 3s .; one yoke & one chaine & span shakell, 11s .; halfe the cart & plow, 1li .; tub to scald hoggs, 2s .; 3 piggs, 18s .; laders & forkes, 6s .; sword, 8s .; apples, 6s .; two baggs, 4s .; house, barne and homestead, 50li .; 28 acres of upland & meddow, 112li .; 2 pr. cards, 3s .; cotton woole, 18d .; cheese, 5s .; debts due to the estate, Ili. 10s .; total, 228li. 19s. Debts due from the estate, 19li. 6s. 8d.
317
RECORDS AND FILES
1666]
Civil cases :-
Town of Exiter v. Jno. Fulsum, sr. For not giving an account and making satisfaction for a parcel of masts which he had from Exiter commons, as the town order enjoined him. Verdict for plaintiff, in goods at 50 per cent. from England and in money.
Capt. Rich. Waldern v. Christo. Palmer. For irregular and illegal proceeding about an execution granted to Israell Wight at a Court of Assistants, Sept. 6, 1664, whereby plaintiff was much damnified in grass and hay upon some land at Sandy Point, near Exiter river. Verdict for defendant. Court did not consent.
Mary Deale, widow v. Ed. Clark, administrator of the estate of Wm. Deale. For refusing to pay 10li. due for a gray stone horse which was given by her father Setchell to her, and sold by her husband to Capt. Pall White, contrary to her order. Agreed by plaintiff and defendant that this action be tried by the bench, and the court found for defendant.
Ed. Go[ve] v. Nath. Wear. Defamation. For saying that plain- tiff had interlined his bill of sale. Verdict for plaintiff.
Jno. Fulsham v. Major Nicolas Shapleigh and Jno. Gillman. For debt due upon agreement, three-fourths of 137li. due to plain- tiff as agent for the town of Exiter by contract. Verdict for plaintiff. Appealed to next Court of Assistants.
Nath. Weare v. Ed. Gove. Trespass. Upon land purchased by plaintiff and Eliakim Wardall of Tho. Kimball, by claiming part of plaintiff's land at the westerly end of thirty acres and for deny- ing a passage way at the southeasterly end adjoining Mr. Wheelwrite's farm, leading to Salisbury line. Verdict for plaintiff, the highway sued for at the end of that land that was formerly Mr. Wheel- write's farm, which way was ordered to be laid out through Ward- all's land two rods wide. Appealed to next Court of Assistants.
Christo. Palmer v. Capt. Waldern. Trespass. For coming upon his marsh at Sandy Point in Quamscot patent, driving his men away from their work and taking away plaintiff's hay and grass and laying claim to said marsh. Verdict for plaintiff. The court did not consent.
Jno. Gilman acknowledged the agreement between himself, Jno. Fulsham and Major Shapleidge, in open court.
Rob. Clement v. Ed. Clark, administrator of the estate of Wm. Deale. Debt. Verdict for plaintiff.
318
SALISBURY QUARTERLY COURT
[Apr.
Edw. Colcord v. Christo. Palmer. Review of an action tried at Hampton court in Oct., 1662, concerning a horse with a white face. Verdict for defendant .*
Edw. Colcord v. Christo. Palmer. Review of an action tried at the last Salisbury court, concerning four acres of meadow lying near the beach which was sometimes Will. Wakfeild's. Verdict for plaintiff. Appealed to next Court of Assistants.
Ed. Colcord v. Town of Hampton. For giving away four acres of marsh on the south side of Falls river, belonging to plaintiff, and contrary to an agreement made with the selectmen and the elders, called the nine men. Verdict for defendant. Court did not concur, and so it went to the Court of Assistants by law.
Jno. Sanders v. Town of Hampton. For not allowing him the grant of ten acres of marsh granted to plaintiff in 1642. With- drawn.
Edw. Colcord v. Nath. Boulter. Review of an action at last Salisbury court concerning a piece of land near mill brook. Ver- dict for defendant. Court did not concur.
Ed. Colcord v. Joana Tuck and Jno. Samborn, administrator of the estate of Robert Tuck of Hampton, deceased. Review of an action at Hampton court, 3 : 8 : 1654, for debt.
Ed. Colcord v. Henry Roby. Review of an action at Salisbury court concerning a piece of planting land near the house of defend- ant. Verdict for defendant. Court did not concur.
Christo. Palmer v. Edw. Colcord. Review of an action at last Salisbury court for not making good three parcels of land accord- ing to writing, dated Mar. 16, 1660-61. Verdict for plaintiff.
Nathanell Weare v. Edw. Gove. Trespass. For cutting down many trees upon his land, which he bought with Eliakim Wardall of Thomas Kimball, at the westerly end of plaintiff's division.
James Davis, sr., Henry Palmer and William White were con- firmed commissioners to end small causes for Haverhill.
Nathanell Boulter was dismissed from all ordinary trainings, allowing 6s. per annum to the military company of Hampton.
Mary Brey of Exiter was granted administration upon the estate of her deceased husband, Rich. Brey, and was ordered to present
*Writ, dated 4 : 2 : 1666, signed by Samuell Dalton,t for the court, and served by Abraham Drake, t marshal of Hampton, by attachment of house and land of defendant.
+Autograph.
319
RECORDS AND FILES
1666]
an inventory to the next Hampton court, that there might be a division of the estate for the widow and children.
Sam. Colby was admonished for abusing the watch.
Wm. Brown was dismissed from ordinary trainings, paying 5s. per annum to the military company of Salisbury.
Tho. King of Exiter was freed from ordinary trainings, allowing 6s. per annum to the military company of Exiter.
Tho. King was allowed to keep the ordinary in Exiter and to sell beer, wine, strong waters, cider, etc., at retail.
Tho. King was sworn viewer and culler of staves at Exiter.
Wm. Tayler of Exiter was freed from ordinary trainings and watchings in Exiter.
Isaac Cole was discharged of his bond for good behavior.
Elizabeth Sharrat was licensed to keep the ordinary for Haver- hill for the ensuing year.
Mr. Jno. Gillman, Ralfe Hall and Jno. Robinson were sworn commissioners to end small causes for Exiter.
Nicolas Lissen was restored to his former liberty of giving evi- dence in court.
Jno. Severans had his licence renewed to keep the ordinary for Salisbury.
Steven Flanders was fined for breach of the peace.
Sam. Getchell was fined for breach of the peace.
Fees allowed to Joseph Hall of Exiter for carrying a hue and cry.
Capt. Robert Pike, Mr. Tho. Bradbury and Richard Wells were sworn commissioners to end small causes in Salisbury.
Walter Tayler was discharged of his bond for good behavior.
Jno. Severance was licensed to keep the ordinary for Salisbury.
Jno. Colby's bond for Nath. Barnard's good behavior was abated.
Ordered to pay Jno. Ilsly 15s. for carrying the votes to Boston for nomination of magistrates.
Capt. Walter Barefoot and Mr. Peter Coffyn bound for Major Nicolas Shapleidge's appearance at the next Court of Assistants.
Mr. Henry Dearing's license to keep the ordinary for Hampton was renewed.
Edw. Gove and Christopher Palmer were bound for Edw. Gove's appearance, etc.
Robert Ring was allowed packer and guager for Salisbury.
Jane, wife of Steven Flanders, convicted of telling lies, for mak- ing debate among neighbors and casting great reproaches upon
320
IPSWICH QUARTERLY COURT
[May
several, also having acknowledged that she was often "distempered in hir head," was ordered to be disenabled for giving evidence and bound to good behavior. Upon proof of breach of her good be- havior before Capt. Pike and Mr. Tho. Bradbury, she was to be whipped ten stripes upon lecture day, when court appointed the constable to perform the same.
Exiter was ordered to build a sufficient foot and horse bridge over Exiter river, at the place laid out by the men appointed, to be finished before the next Hampton court, upon penalty of twenty pounds.
Ed. Gove was fined for breach of the peace in laying violent hands upon Nath. Weare.
Isaac Morrill chose William Osgood as his guardian and the court approved it.
Jno. Samborn and Jno. Severans bound for the former's appear- ance.
Margerite Griffin, for committing fornication, was ordered to be whipped twelve stripes after the birth of her child, and Capt. Christopher Hussie was to see it done at Hampton upon lecture day immediately after lecture, or pay a fine.
Nath. Barnard, having broken the peace and not appearing, forfeited his bond.
Ordered to give Capt. Waldern's writings and leave copies in court.
Christopher Palmer and Henry Robie bound for the former's appearance.
Capt. Richard Waldern bound for Edward Colcord's appearance. Allowed ten shillings to the servants of the house.
Allowed Marshal Lord 20s. for attendance upon the Worshipful Major Hauthorn.
Jno. Young of Exiter was summoned to Hampton court to answer a presentment for selling liquors to an Indian contrary to law.
COURT HELD AT IPSWICH, MAY 9, 1666.
On Apr. 12, 1666, Edward Leathers came before Mr. Samuell Symonds and Major Genrll. Denison, the clerk being present, and acknowledged judgment to Mr. Henry Russell.
Mr. Harlackenden Symonds, for driving cattle on the Lord's day, was fined.
321
RECORDS AND FILES
1666]
Mr. Peeter Duncan, constable, was fined for not returning a warrant.
Daniell Buttler, presented for profanation of the Sabbath, mixed with lies, was ordered to be whipped or pay a fine. William Quarles and Obadiah Bridges were fined for being with Buttler.
Henry Jaquise was fined for misdemeanors, and ordered to pay fees to Anthony Mose and Fran. Thurly and wife.
Thomas Thurrell and John Baker were discharged of their presentment.
Richard Bryer was discharged of his presentment.
John Smith's presentment for being in drink was left to the grand jury.
James Browne was fined upon his presentment and ordered to pay fees to Sam. Platts.
Ordered that Thomas White have the right to receive the rent of his mother Martha Halfield's farm for her maintenance.
Elder John Whipple and Mr. Richard Hubberd were ordered to let the widow Halfield have as much linen as she needed for her supply or to deliver it to Thomas White for her use.
Robert Crose, and Martha and Rachell, daughters of widdow Halfield, were summoned to appear at Ipswich court in September to examine further concerning the estate of widow Halfield.
Joseph Leigh was discharged of his bond for good behavior and John Leigh as surety.
James Sanders appeared and his sureties were released.
Five shillings were given to the house.
COURT HELD AT SALEM, 26 : 4 : 1666.
Judges: The Worshipfull Mr. Symond Bradstreete, Mr. Samuell Symonds, Majr. Danyell Deneson and Majr. Wm. Hathorne.
Jury of trials: Leift. Tho. Putnam, Mr. Eleazer Hathorne, Mr. John Corwin, Mr. Joseph Gardner, Mr. Jonathan Browne, Lott Conant, Isaack Williams, Jacob Davis, John Ramsdell, Tho. Marshall, Tho. Bancraft and John Peach, sr.
Copy of Obadiah Antrum's receipt, dated 3 : 3 : 1664, to Ed- mund Batter, for 221li. 6s., the amount paid him out of his father's estate. Wit: Hillyard Veren. The latter made oath, 29 : 4 : 1666, to Antrum's signature.
Civil cases :-
Selectmen of Marblehead v. William Poat and Edward Yard. Court, to whom this action was referred, adjudged that 13li. 10s.
322
SALEM QUARTERLY COURT
[June
already due to - Morrice whom they hired for one year, be paid to plaintiffs by defendants for the charge and cure which the se- lectmen had incurred about said Morrice, and 4li. 10s. more due to Morrice Nov. 1, the end of his year. Defendants were also to pay to plaintiffs toward Morrice's further charge, if he live so long, 18li., his full wages for a year .*
Richard Bellingham, Esq. v. Bray Wilkins and John Gingell. For injuriously and forcibly holding possession of a farm many years after it was legally forfeited. Verdict for defendants. Court did not accept the verdict.t
*Bill of charges, 1li. 5s. 6d.
+Writ: Richard Bellingham v. Bray Wilkines and John Gin- gion, alias Gingell; for holding possession of the farm after the mortgage was foreclosed; dated June 19, 1666; signed by Jonath. Negus, # for the court; and served by William Howard,# marshal general's deputy.
Bray Wilken's bill of cost, 1li. 9d.
Ri. Bellingham§ of Boston, Governor of the Massacheusitts, on June 25, 1666, gave letter of attorney to William Howard of Boston. Wit: John Smith.# Sworn by John Smith, 26 : 4: 1666, before Hillyard Veren,¿ cleric.
Edword Micherson of Cambridg, marshal general, on June 19, 1666, appointed William Howard of Boston his deputy. Copy.
Copy of mortgage deed, dated Mar. 10, 1659, given by Bray Wilkins of Lin, husbandman, and John Gingion of Lin, tailor, to Richard Bellingham of Boston, for £225, with interest at eight per cent., 700 acres at the head of Salem to the northwest from said town, there being at that place a hill where an Indian plantation sometimes had been, a pond and about 150 acres of meadow, which they had purchased of said Bellingham, who had it by grant of the General Court, Sept. 6, 1638. Wit: Henery Phillops and Robt. Howard, notary public. Acknowledged, Apr. 21, 1660, before John Endecott, Governor. Henery Phillops made oath to the signatures, June 22, 1666, before John Leveret, assistant. Copy made by Hillyard Veren,į cleric.
Richard Way, aged forty-two years, deposed that the last of January, 1664, he was with Wilkins, Gengall and Nathaniell Put- nam at Mr. Richard Bellingham's house, and he heard the latter say that he would mortgage it for two-thirds, that the land which they had improved should be in their third part, that they should go on with their building, etc. When they went to the Governor the next summer to demand their third part and showed several receipts from him, also their accounts for the farm, he looked at the papers, and upon their demanding their return, he said,"Noe
#Autograph.
§Autograph and seal.
323
RECORDS AND FILES
1666]
Richd. Bellingham, Esq. v. Bray Wilkins and John Gingell. Trespass. For cutting down and ruining the principal timber and great trees in the farm and land mortgaged at or near little Wills hill. Verdict for defendant. Court did not accept the verdict .*
now I have them I will Keepe them and soe did which Action was soe Greeveus to the Spirit of this Deponent that After the sd wilkins and Gengell were gone out of the Roome this deponent steyed Back againe and desired the Governour to Consider how Dishonourable a thing this Action of Retaining theire Receipts would be vnto him where upon hee Replied here is one of the Re- ceipts which was not writen by my selfe take that if you will and hee tooke it to mee but owned that hee had Received the sume in that specified and the Rest hee would Keepe and soe did." Sworn in court.
John Smyth, aged about forty-two years, and Wm. Howard, aged about fifty-seven years, deposed that on June 20, they de- manded possession of the farm in behalf of Mr. Bellingham, and Bray Wilkins owned then that the past winter he had felled and made from off the said farm six thousand barrel staves for Mr. Curwin, etc. Sworn in court.
Nathaniell Putnam, aged about forty-six years, deposed that the latter end of January, 1664, Bray Wilkins having "by Provi- dence His House burned and by that meanes being Brought to a meane and Low Condishon I my selfe and some other neighbours taking the sad Condishon of the sd Bray Wilkins and His Family into our Consideration wee were wiling to Contribute somthing to the Help and Assistance of ye sd Bray Wilkins in his sad & deplor- able Condishon provided that the sd Wilkins might have the beni- fitt of it Himselfe and then understanding that the Farme Hee then Lived on where his house was Burned was Intangled to M' Richard Bellingham our new Honoured Governour," he went to treat with him, Leift. Richard Way being also present, etc. The Governor promised that the division of the farm should be left to indifferent men, and said that there was much due for interest, to which Lieft. Way replied that he hoped he would not take interest and have the benefit of the improvements which had been made. Finally the Governor agreed to leave that matter also to arbitration. Sworn in court.
*Writ, dated 19 : 4 : 1666, signed by Jonath. Negus,t for the court, and served by Willm. Howard,t marshal general's deputy, by attachment of three parcels of cedar shingles lying near Wil- kins' house, and two parcels near Gingell's house. Defendants had made bolts, clapboards and other vendable commodities.
Phillop Knight, aged about fifty-two years, and Jonathan Knight, aged about twenty-four years, both of Salem, deposed that Samuill
+Autograph.
324
SALEM QUARTERLY COURT
[June
Mr. John Ruck, assignee or attorney of John Mastone v. Capt. Tho. Clearke. Debt. Due for freight. Verdict for plaintiff .* Mr. John Ruck v. Samll. Moore. Withdrawn.
Thomas Preston v. John Newman. For illegal taking away of a heifer. Verdict for plaintiff.t
Wilkins, of Bray Wilkins' family, informed deponent's that they had cut twenty thousand white oak barrel staves the past year, and had cut about eleven hundred feet of boards. Also the year before they cut six thousand feet of boards, etc. Sworn in court.
*Writ, dated May 22, 1666, signed by Hillyard Veren,# for the court, and served by Rich. Wayte,# marshal of Boston, by attach- ment of a pasture of Capt. Thomas Clarke's in Boston near the new meeting house.
John Rueke's bill of cost, 1li. 1s. 10d.
Printed bill of lading, dated Barbadoes, Sept. 18, 1656, from Edward Lassells, shipped in the Returne, Henry True,# master, now in Carlisle Bay, bound for Boston, four barrels of molasses in Barmudoes Caske, to Capt. Thomas Clarke, at the rate of 40s. per tun. Receipt, dated 26 : 10 : 1656, signed by Jno. Clark.}
Printed bill of lading, dated Barbados, Apr. 5, 1658, from Marke Hands, shipped in the Returne of Salem, John Marston,¿ master, now in the Bay of Carlyle, bound for Boston, six buts of wine, to Capt. Thomas Clarke and John Hanneford. On Oct. 11, 1660, John Marston# assigned this bill to Mr. John Ruck.
John Marston, aged about fifty years, deposed. Sworn in court, in the presence of him that sees all things, before Hillyard Veren,# eleric.
John Archer, aged about twenty-eight years, deposed that he sailed in the ketch Returne, etc. Sworn in court.
Account between Capt. Clark and John Marston for freight.§
+Writ, dated 15 : 4 : 1666, signed by Hillyard Veren, for the court, and served by Robert Lord,# marshal, by attachment of two cows of defendant.
Bill of cost, 30s.
Roger Prestont of Salem certified, Oct. 20, 1665, that he had hired a cow of John Newman of Ipswich for two years at the rate of 10s. per year to be paid in goods or corn at Goodman Bishope's, merchant, in Ipswich. Wit: John (his mark) Harrod and Thomas Preaston.#
Robert Lord, marshal, aged about thirty-four years, testified that being at Mr. Duning's farm to serve an attachment, he asked Goodwife Preston whose cattle those were upon the farm. She replied that some were Capt. Corwyn's and the young red one was John Newman's.
#Autograph. § Shorthand on the reverse of this paper.
325
RECORDS AND FILES
1666]
Elizabeth Medcalfe, executrix of the estate of Joseph Medcalfe, and Thomas Medcalfe v. Edward Nealand. Trespass. For felling trees, fencing and breaking up their land. Verdict for defendant .*
Thomas Marshall testified that he saw Jno. Newman of Ipswich take away one heifer which Thomas Presson hired him to winter, etc. Sworn in court.
Samuell Preston, aged about fifteen years, deposed that about a year and a half since his brother Thomas Preston bought of his father, Roger Preston, a red heifer, which he hired Thomas Mar- shall to winter, etc. Sworn, 19:4 : 1666, before Simon Bradstreete.t
Martha Holt, aged about forty-four years, deposed that her son Thomas Preston bought of her husband, Roger Preston, etc. Sworn, 19 : 4 : 1666, before Simon Bradstreete.t
John Newman, jr., deposed that his uncle, John Newman, told deponent, etc. Newman said that the writing that Roger Preston gave him was of no value, but Preston told him that he would fix the writing if there was anything amiss, etc. Sworn, June 26, 1666, before Daniel Denison.t
*Writ, dated May 18, 1666, signed by Robert Lord,t for the court, and served by Robert Lord, t marshal of Ipswich.
Edward Neland's bill of costs, 1li. 3s. 11d.
John Dane deposed that being at Goodman Medcafe's when he was very ill, a little while before his death, there was some dis- cussion about Edward Nealling's carrying on his wife's work after said Medcalf's death. Goodman Medcalf's son Thomas would not agree to give said Edward assurance of a parcel of land which the latter had bought of Goodman Medcalf unless Edward would promise to do his mother's work during her life at a groat a day, which he refused. Thomas told his father that the latter could not give assurance of it without his consent, because half belonged to said Thomas. The old man desired earnestly and mournfully that he would do it and be satisfied by some of his other land. The father owned that he had received his pay and deponent saw a deed of it on the table. Sworn, June 18, 1666, before Daniel Denison.t
John Kimball, aged about thirty-five years, and Thomas Kim- ball, aged about thirty-two years, deposed that the land in contro- versy was a part of the land of Joseph Metcalfe, and they saw Edward Neland felling trees there, etc. Sworn, June 22, 1666, before Samuel Symonds.t
William Goodhuet deposed. Sworn, June 19, 1666, before Daniel Denison.t
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