USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 34
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Robert Lord, aged about sixty-three years, deposed that the part of the land near the land of John Kimball was fenced, etc. Sworn in court.
tAutograph.
326
SALEM QUARTERLY COURT
[June
James Steevens v. Edw. Harrendin. For unjust molestation, claiming his meadow and taking away his hay. Verdict for plain- tiff .*
Copy of will of Joseph Mettcalfe, aged about sixty years, dated June 3, 1665: "I make my wife Elizabeth Mettcalfe executrix, and desire & will, that my debts be payd, and what remaineth I give unto my wife Elizabeth dureing her naturall life and after her decease, my will is that my Grandchild Joseph Mettcalfe, shall enioye my house & lands, payeing ten pounds to his sister Mary Mettcalfe, and what live stock my wife leaves at hir decease I give to my Grandchild Elizabeth Mettcalfe, The househould goods I leave to my wifes disposing I apoynt my sonn Thomas Mettcalfe & william Goodhue to be overseers of my will. Joseph Mettcalfe." Wit: John Perkins and Jacob Perkins. The witnesses made oath in Ipswich court, Sept. 26, 1665, that Joseph Mettcalfe de- clared this to be his will in their presence, that they know of no other will and that he was of understanding and memory. Copy made, June 22, 1666, by Robert Lord,t cleric.
Copy of deed, dated June 5, 1664, Joseph Metcalfe, of Ipswich, seaman, Eliza. (her mark) Metcalfe and Thomas Medcalfe, in con- sideration for work to be performed, to Edward Nealand of Ips- wich, Irishman, seven acres, bounded northwest by John Kimball, north by the highway, and the remainder on his other land, etc. Copy made by Hillyard Veren,t cleric.
Nathaniell Perly, aged about twenty-two years, deposed. Sworn, May 22, 1666, before Daniel Denison.t
John Perly, aged about twenty-eight years, deposed concerning the fence which Neland had put up, etc. Sworn, June 18, 1666, before Daniel Denison.t
Elizabeth (her mark) Metcalfe, executrix of the estate of Joseph Metcalfe, on June 22, 1666, appointed Robert Lord of Ipswich her attorney. Wit: Abraham Jewittt and Thomas Kimball.t
James Howe, jr., aged about thirty years, deposed that he helped to break up the land, and that Joseph Metcalfe told him that he had received from Neland in payment for the land half a mare. Also that Neland was to work for Metcalfe four pence per day cheaper than for another man, etc. Sworn, June 18, 1666, before Daniel Denison.t
Robert Punnell deposed. Sworn, May 21, 1666, before Daniel Denison .¡ On the reverse of this paper is the fragment of a letter signed by Margaret Rogers.t
*Writ, dated Jan. 21, 1666, signed by Thomas Riggs,t for the court, and served by Anthony Day, t deputy constable of Gloscester, by attachment of the house of defendant.
James Stevens' bill of charges, 3li. 9s. 2d.
t Autograph.
327
RECORDS AND FILES
1666]
Edward Harraden* of Gloster, on June 23, 1666, appointed Robert Lord, sr., his attorney. Wit: Thomas Waite .* Acknowl- edged, June 23, 1666, before Daniel Denison .*
Summons, dated June 21, 1666, to Edward Harrendine, signed by Thomas Riggs .*
Copy of record of Ipswich court, Sept. 26, 1665, concerning these parties, made by Robert Lord .*
William Haskall, jr., aged about twenty-one years, deposed. Sworn in court.
Clement Coledum deposed that about five years ago, he was mowing for John Pearce in his own marsh and Willm. Lincolne was mowing in his master Harridine's marsh and when they went to dinner he came and sat down with them. Old Goodman Joanes came also, and John Pearce asked him if he knew the bounds between Goodman Harridine's and deponent's marsh, to which he replied that it was the tree that stood upon the hummock of rocks, for he was there at the laying out, and the bound on the other end was somewhere about the head of the little creek, etc. Sworn in court.
Richard Beford, aged about fifty-eight years, deposed that he bought the marsh in controversy of Soloman Martin about fifteen years ago and enjoyed it five or six years, when he sold it to John Pears, etc. Sworn in court.
Clem Coldom, aged forty years, deposed that he heard Goodman Hariden say that he brought away a load and a half of hay, etc. Sworn in court.
Richard Beford and John Pearse, the latter aged about fifty years, deposed that this marsh was given by the town to Soloman Martin, namely four acres lying next to Gorge Blake. Sworn in court.
William Linckhorne deposed that his master Edward Haraden, went to live at Gloster about April, 1657, and the past year James Steevens took away his master's hay from off the lot, by means of his master's canoes which lay in his dock upon his own land near his house. Sworn, June 25, 1666, before Samuel Symonds .*
Willm. Lincorne deposed concerning what Thomas Joanes said. Sworn in court.
Isaac Stevens deposed concerning the plan of the lot as shown in court, which he said was correct with the exception of the size and location of some salt ponds and showing some small coves. Sworn in court.
Richard Beford deposed concerning Thomas Jones, sr., etc. Sworn in court.
Thomas Jones, aged sixty-seven years, deposed that when the lot-layers of Glocester first laid out the marsh of the long cove in Squam, the bounds between Soloman Martin's and William Haugh's, etc. Sworn in court.
Gorge Blacke deposed. Sworn in court.
* Autograph.
328
SALEM QUARTERLY COURT
[June
John Meager v. Samuell Dutch. Non-performance of an agree- ment. Verdict for plaintiff. If defendant refuse to carry him to sea according to covenant, plaintiff was to have 6li. 10s. more .*
*Writ: John Meager v. Samuel Duch; for non-performance of an agreement made by him and his brother who shipped the said Meager with the consent of their father to go that summer on a mackerel voyage with said Samuell and his brother Hezeciath Duch, but that said Samuell had gone to sea and left him on shore, etc .; dated June 12, 1666; signed by Thomas Riggs, t for the court; and served by Peter Duncan,t constable of Glocester. Bond of Samuell (his mark) Duch and Osman (his mark) Duch.
Letter of attorney, dated June 3, 1666, given by Samuell (his mark) Duch of Glocester to William Sargent of Gloucester. Wit: Peter Duncant and Anthony (his mark) Daye.
Peter Duncan, aged thirty-seven years, deposed that he several times desired Jno. Meager to put his fish off that it might be ready when a vessel came to get it, but Meager said that it was not pressed enough. They were a day and a half drying the fish before it was fit for the scale, and Samuell Duch and his brother helped dry it. Sworn in court.
Hugh Rowe, aged about nineteen or twenty years, deposed that when Samuell Duch and his father Osmand Duch came to ship him that summer, they said they could not ship him that winter because they had engaged John Meager, etc. Sworn, June 23, 1666, before Samuel Symonds .; He further deposed that John Meger was shoreman of the winter and spring voyage. Sworn in court.
Isaac Elwell deposed that he heard a general report throughout the harbor that Samuell Duch said that he had caught eight or nine barrels of mackerel. Sworn in court.
Thomas Prence, jr., deposed that Samuel Duch came to depon- ent's father's house and asked Meager to go to sea with them, but Meager replied that he would not for he might go to Salem, where he could ship winter and summer. Duch told him to come with them and they would catch the pollock school and they would go down to Manegmoy and make the fish. Then Samuell Duch took Meager by the hand and said "wee will goe as louinge as three brothers and please God noe other shall goe with us . . . for we are all three young men and Can goe when wee will and Com when we will," etc. Sworn in court.
Isack Elweell, aged about twenty-four years, deposed that Duch told Meager that if he went aboard the boat, he would throw him overboard. Sworn in court.
Margret Prince deposed that Duch came to her husband's house. Sworn in court.
t Autograph.
329
RECORDS AND FILES
1666]
Capt. Walter Price v. Richd. Sutton. Debt. Withdrawn.
Jon. Godfrey v. Jon. Atkinson. For arresting Godfrey and not prosecuting, and for beating and abusing him while he was his prisoner, he pretending to be the constable's deputy. Verdict for plaintiff .*
Jon. Godfery, assignee of Wm. Prichett v. John Tod. Debt. To be paid in wheat and Indian corn. Verdict for plaintiff.t
Margat Prince, aged about forty years, and her son Thomas Prince, aged about fifteen or sixteen years, deposed. Sworn in court.
Thomas Prince, sr., deposed. Sworn in court.
Nathenell Mellet, aged eighteen years, deposed. Sworn, June 22, 1666, before Daniel Denison.#
John Meager's bill of costs, 3li. 3s. 9d.
*Writ, dated May 18, 1666, signed by Daniel Denison,# for the court, and served by Caleb Moody,¿ constable of Newbry.
William Randall, aged about forty-eight years, deposed that Atkinson took Godfry by the throat or collar and thrust him along and when Godfry asked his authority, Atkinson told him he had the black staff. Deponent being desired by Godfry to go along with them, the latter fearing he would be killed, did so and when they came to Atkinson's house, the latter said he would go to breakfast. Godfry said that he would go to Rowly to Goodman Longhorne's for he had had nothing to eat, so they went along. When they reached Goodman Noyes' gate, Atkinson gave him a box on the ear and punched him on the breast and stomach and when they came to Goodman Moodye's lane end, he fell upon him. Goodman Moody, who was constable, came and Atkinson said he would resign the prisoner to him, to which Moody replied that he told him when he let him take the black staff that he would not be responsible for he wished to have nothing to do with Godfry, etc. Sworn in court.
Sammuell Moodey,¿ late constable of Nubury, certified 19 : 4 : 1666, that he saw blood upon John Atkinson's hand and a wound like the biting of some creature which Atkinson said was done by Godfrey. Atkinson also said that Randol had threatened to knock him down if he took Godfrey out of the King's highway. Sworn, June 20, 1666, before Samuel Symonds.}
John Atkinson's bill of charges, 1li. 18s. 8d.
Benjamin Rolfet deposed. Sworn, June 20, 1666, before Samuel Symonds.#
+Writ, dated June 15, 1666, signed by Anthony Somerby,¿ for the court, and served by Robert Lord,¿ marshal of Ipswich, by attachment of pasture land.
#Autograph.
330
SALEM QUARTERLY COURT
[June
Tho. Tuck v. Samll. Benet, sr. For withholding 3li. worth of bar iron paid said Benet by Edw. Richards, upon a bill of Mr. William Brown for the use of said Tuck. Withdrawn.
Mordecai Craford or Eadith his wife, as his attorney v. Capt. Tho. Savage. Upon all accounts between them, with the mort- gage of the houses and lands of plaintiff, etc. Referred to four men .*
Summons to John Tod, dated June 15, 1666, signed by Anthony Somerby, t for the court.
John Godfrey's bill of charges, 1li. 13s.
Letter of attorney, dated June 2, 1666, given by John Todt of Rowley to Mr. Veren, clerk of Salem court. Wit: Anthony Austint and John Pickard .; Acknowledged June 23, 1666, before Daniel Denison.t
Bond of John Tod,t dated Mar. 1, 1655, to pay William Prichet twenty pounds. Wit: John Prichett and Susana Tod .; On May 25, 1665, this bill was assigned by William Pritchett to John Godfry. Wit: John Ayre, t Thomas Kimballt and Robert Lord.t
*Writ, dated 16 : 4 : 1666, signed by Hillyard Veren,t for the court, and served by Samll. Archarde,t marshal of Salem, by attachment of house and land of defendant.
Delivered by Thomas Savage, 4 : 4 : 1662: to 1 shallop Roade wa 2 C. 14li., 5li. 19s .; 1 pipe of Sacke, 18li .; 3 C. bread, 3li .; 1 Barr. Tarr, 14s .; 1 Barr. porke, 4li .; 2 Fliches Bakon wa 70li., 1li. 15s .; 1-2 C. larg nayles & 1-2 C. othr. nayles, 3s. 4d .; 2 Grapnells, wa 98li., 2li. 9s .; Robt. Lawrence his wages in the Barke, 5li. 6s .; 1 quarte Liqr. & a bottell, 1s. 9d .; a sith & 4 Rubstones, 5s .; 1 yd. 1-4 Cotton Cloth, 4s. 7d .; total, 41li. 17s. 8d.
Award, dated Salem, July 4, 1666, of Thomas Putnam,t Ese. Hathorne,t Jno. Curwinst and Jona. Browne,f arbitrators for plaintiff and defendant.§
On 18 : 4 : 1663, T. Giffordt (also Jefords) gave acquittance to Mordecay Cravett. Wit: Tho. Gardnert and John Beckett.t Copy of contract, for the bark Content, made by Hillyard Veren, t clericus.
John Williames and John Beckett deposed concerning Roberte Marshall, etc. Sworn, 30 : 4 : 1666, before Wm. Hathorne.t
John Greene, aged about twenty years, deposed that the bark was delivered to Capt. Savig in good condition about Christmas, and that the cattle deponent drove up to pay Robard Marchell were the cattle in controversy. Sworn, 30 : 4 : 1666, before Wm. Hathorne.t
Mordecay Creiford is Dr .: On 3 : 9 : 1660, to particulars deliver- ed to Anthony Roe, 2li. 17s. 10d .; to Anthony Roe, 5li. 9s .; to Richd. Hearle, 3li. 4s .; to Jno. Tapley, 3li. 6s. 9 1-2d .; to 16 yds. t Autograph. #Autograph and seal. §See page 344.
331
RECORDS AND FILES
1666]
noiles, 1li. 12s .; to Anthony Roe, Ss. 8d .; to Thomas Ashley per Richd. Hearle's ordr., 13s. 2d .; to Anthony Roe, 1li. 1s. 4d .; to Richd. Hearle, 3li. 7s. 10d .; to Jno. Tapley, 3li. 5s. 7 1-2d .; on 6 : 9 : 1660, to yr. wife, 25li. 4s. 4d .; to Anthony Roe, 1li. 16s .; to Anthony Roe, 15s. 6d .; on 8 : 9 : 1660, to yr. wife, 20li. 9s. 11d .; to Richd. Hearle, 5s. 6d .; on 9 : 9: 1660, to yr. wife, 18li. 17s. 7d .; to yr. wife, 21li. 15s. 4 1-2d .; to 47 1b. hopes and bagg, 1li. 19s. 2d .; to Henry Largin, 5li. 10s. 6d .; to 500 of bread delivered by Mr. Nicalls, 4li. 10s .; to Cap. Jno. Allen, 4li .; to Goodman Peck, 2li. 18s. 6d .; to yr. selfe, 24li. 11s. 7 1-2 d .; on 11 : 12 : 1660, to 8 yd. of flesh called tammie at 3s. 4d., 1li. 6s. 8d .; 1 doz. white Cotton hose, 1li. 2s .; 1 M. of pinnes, 1s. 2d .; 1 pr. woomens fashionable showes, 4s. 6d .; 3 broad howes, 10s. 6d .; 20 yds. of yd. wide greene Cotton, 3li. 6s. 8d .; 20 yds. of red roule at 4s. 6d., 4li. 10s .; 47 yds. of ozenbriggs at 19d., 3li. 13s. &d .; to Willm. Barber, 1li. 10s. 3d .; to Mr. Blacklech, 13li. 1s. 6d .; to 2 yds. of duffles, 14s. 8d .; to 10 1-2 oz. of thrid, 3s. 6d .; to 12 pr. showes, 3li. 4s .; 82li. of hopes, bagg and all, 3li. 8s. 4d .; 1 firkin of sope, 1li. 1s .; 3 bushel of mault, 15s. 9d .; 2 quarter caskes of sack, 7li .; 1 Caske of mal- assowes, 50 gall., 3li. 10s .; cash pd. yr. wife, 12d .; 3 C. bread dd. by Mr. Hauckins, 2li. 14s .; 20 hh. of salt, 16li .; to the porters, 6s. 4d .; 1 greate Iron pot & 1 Kettle, 2li. 3s. 5d .; 1 large morter, 11s. 5d .; 1 skillet and 1 pr. of pot hookes, 6s. 2d .; 10 bush. of Indian Corne, Ili. 10s .; 7 gall. of strong liquor at Ss. & the Caske at 2s. 4d., 2li. 18s. 4d .; 12 lb. 1-2 of tobacco, 10s. 5d .; 500 of Iron dd. Henry Kemball, 6li .; cash pd. yr. wife, 10s .; total, 240li. 17s. 1 1-2d.
In 1661, delivered to Capt. Savage by me and my husband at. Mr. Oliver's dock in Bostone, fish at money price, 31li. 12s. 6d .;* more by Edith Creford, 2 1-2 kentills of fish and a shilling's worth at 28 Rialls a kentill at Mr. Oliver's dock, Ili. 1s., 26 kentills dd. by Edith Creford, 18li. 4s .; on 8 : 5 : 1662, dd. to Capt. Savage at his warehouse by Mordecay Creford and his wife in Bostone, fish, 86li. 16s. 6d .;* on 10 : 5 : 1662, dd. fish, 17li. 13s. 6d. and Wil- liam Rogers dd. for me the same day to Capt. Savage, a kentill of fish, 16s. 6d .;* on 28 : 7 : 1662, fish dd. to Capt. Savage, and at Mr. Davison's at Charlstowne by Edith Creford, 56li. 10s .;* on Sept. 25, to Capt. Savage, 24 kentells of Refuse fish at 22 Rialls pr. kentill by Edith Creford, 13li. 4s .; pd. to Capt. Savage by Mr. Breden about 7li., pd. to Capt. Savage 3li. in money with my owne hands at Mr. Sherman's house, pd. Mr. Sherman to Capt. Savage, 5li. 10s., and a horse; total, 16li .;* for Capt. Savage's son Thomas, his passage from the eastward and his passage from Salem to Bos- tone, one purpose, wth. 2 men & a boate, he was coming three weeks from the Eastward, dieted by Mordecay Creford & 25s. pd. for him at Paskataque & 12s. expense in the Barke & his use of a
*This item is crossed out in the original.
332
SALEM QUARTERLY COURT
[June
Barrell of Beere, 2s. 3d. & John Tapley lent him 6s., whereof Mor- decay & John Tapley Rec. of Capt. Savage, 20s .*
The Barkes Charges: for new building hir, 30li .; her 4 men's diet 3 monthes, 12li .; & there wages, 18li .; for planke boards, tim- ber, bolts, speckes, nailes, pitch, tarr & okum, 30li .; to Anthony Day for seeling the cabin & small & great nailes, 3li. 16s .; for a month's diet for him, 1li .; Charges coming to worke & goeing home, 5s .; for Mordecay Creford & 3 men 3 months diet, 12li .; an ankour, 2li. 3s .; a peice of Roope, 12s .; a Coyle of small cordidg, 2li .; for saile eloath & twine & mending the sailes, 9s .; for nailes for the Rudder, Is .; a new pump, 16s. 6d .; Blockes, 5s .; a lanthorne, 3s .; a kan, 1s. 3d .; an Indian ladle, 6d .; for hir triming the second time after shee came home, 5li .; pump, boxes, leather and nailes, 4s .; total, 118li. 16s. 3d. A fore mast & maine yard, 10s .; the car- penter did pay for mending the vessell the first time after she came home by arbitration.
What the Barke earned after shee Came home from Cape Ann: By Mr. Thomas Gardner to the eastward, 6li .; Brought for my- selfe, 30 kentells of fish, lli. 10s .; 2 voiag came home wth. dead fraite except one horse & 4 kentalls of fish, 3 erned by Mr. Breden, 14li .; by Mr. Sherman, 27li .; by Mr. Jolife, 3li .; carried to Bos- tone 70 barrells of makerell & 14 kentells of fish, 2li. 16s.
Mordaca Cravet, Dr., to Capt. Saveg, 240li. 17s. 1 1-2d. and 107li. 1s. 9d. Cr., By ye mortgage, 280li .; fish, 143li. 6s. 6d .; fish at Mr. Oliver's, 51li. 12s. 6d .; 1 horse, 16li .; by passage, 1li. 4s. 3d .; total, 492li. 3s. 3d.
Mordica Craford is Dr., Feb. 14, 1660, to previous account, 240li. 16s. 1 1-2d .; allowed for non-payment, 40li .; 28 : 10 : 1661, to sold to yrself, 20li. 4s. 7d .; in 1662, to Ili. 6oz. marling, 1s. 7d .; 3 Barrells of Tarr & 1 Bushell 1-2 pease, 2li. 8s .; 8 boards, 11s. 4d. & in money, 8s .; 1 Barrell of Pork, 9li. 13s. 8d .; severall goods, 48li. 7s. 6d .; 1 mackrill Lyne & 1 Cod Lyne dd. to yr. wife, 4s. 4d .; to goods dd. to self & wife & money paid, 43li. 18s. 3d .; 1 qr. Beef, 110li. at 3d. 1-4 p. li., 1li. 9s. 6d .; to 5 yds. 1-4 stufe at 3s. p. yd. & 1-4 green say, 17s. 2d .; in 1663, to mony lent you, lli .; to half a Barke sold by mortgage to me but afterward sold by yourself to another, 40li .; to the product of a fishing voyage wth. two shallops wch. is yet wanting of the mortgage, 80li .; to a Judgment granted me at Sallem Court, etc., 15li. 18s. 6d .; to the marshall's fees about the execution, 2li. 14s .; to Rent for the house & land from June, '65, 8li.
Mordica Craford is Cr., 1660, 61, 62, 63 and 65: By 1 Barrell of Oyle reed. of Anth. Roe, 2li .; 21 Kentlls. Refus Fish dd. to David Rowly, 11li. 11s .; 18 Kentells of Refuse to Mr. Scot, on Mr. Jolif's accompt at 12s. 6d. pr. Kent., 11li. 5s .; 16 Kentlls Refus to Good- man Sparke, 8li. 16s .; 35 Kentlls. 1-2 Refus dd. to Willm. Cooper, 19li. 10s. 6d .; 18 Kentls. dd. Mr. Sowtherland, 14li. 8s .; 61 Kentlls dd. Mr. Robt. Gibbs for Mr. Jolif's use, 48li. 16s .; 6 Kentalls
*This item is crossed out in the original.
333
RECORDS AND FILES
1666]
Refus dd. Mr. Sowtherland, 3li. 6s .; 1 Kentall recd. of Willm. Rogers, 16s .; 40 Kentlls Refus, 23li .; 28 Kentlls, merchantable, 22 Refus, dd. Mr. Wollistone, 34li. 10s .; 1 sorell horse, 12li .; mort- gage, 280li .; 2 cowes, 9li. 15s.
John Grine certified concerning a quintal of cuske fish. Sworn, 2 : 5 : 1666, before Wm. Hathorne .*
Peter Oliver testified that three or four years ago he saw Mordica Cravit's bark in shelter-dock and saw his wife deliver fish to Capt. Savadg. Sworn in Boston, June 2, 1665, before Edward Tyng,* commissioner.
John Tapley, aged about twenty-seven years, deposed that Crifat was in prison twenty-four hours, and was under bail from February to the county court at Boston because Capt. Saveige had Crifat's estate in his hand. Also that Capt. Saveige received the bark in good condition and in February her head was broken down and she was lying at the wharf in a dangerous position. Further that John Sade and deponent went to Capt. Saveige, etc. Sworn, 30 : 4 : 1666, before Wm. Hathorne .*
John Taply, aged about twenty-five or six years, deposed that Mordig Craford's wife was at Boston several times to have a settle- ment, etc. Sworn, 15 : 2 : 1665, before Wm. Hathorne .*
Mathu Prise, aged about thirty-seven years, deposed that he was at Thomas Barnes' shop door, when Thomas Savige, jr., came on horseback from Crifate's. Deponent asked him how much he gave for it, etc. Sworn, 30 : 4 : 1666, before Wm. Hathorne .*
Edith Craford deposed. Sworn, 4 : 5 : 1666, before Wm. Hath- orne. *
Edward Alleyn* testified concerning the fish in Mr. Oliver's dock in Boston. Also that when he went with Mordecay Cravitt he did not remember that he had a barrill of malligo sack of Capt. Savige but one of Capt. Oliver. They came to deponent's house, etc. Sworn in Boston, June 23, 1665, before Edward Tyng,* com- missioner.
Alexander Willy, aged about fifty years, William Tibbon, aged about twenty years, and John Grine, aged about seventeen years, deposed that when Thomas Jefferds was working about the vessel he struck at his mate with a mallet and missing the man split a board with the blow. The quarrel was because his mate asked for pro- visions, saying his stomach was not half full. Said Jefferds received his pay for the work, etc. They further testified that they carried a pot of butter to Thomas Jeffers, ship carpenter, also cheese, pork, beef, bags of turnips, bread, flour, a peck of Indian beans, one hogs- head and eight barrells of strong beer, etc., and that said Jeffers made divers people drink of the beer that came into the house. Also that they worked for said Jeffers and Mr. Cravitt paid An- thony Daye for work done about the bark, etc. Sworn, 28 : 1 : 1663, before Wm. Hathorne .*
* Autograph.
334
SALEM QUARTERLY COURT
[June
William Beale, attorney to Samuell Legg v. John Peach, sr. For refusing to deliver 100li. according to covenant. Verdict for plaintiff .*
John Grene, aged between nineteen and twenty years, deposed. Sworn, 15 : 2 : 1665, before Wm. Hathorne.t
*Writ, dated June 20, 1666, signed by Moses Mavericke,t for the court, and served by Ambros Gall,t deputy constable for Samuell Ward, by attachment of house, orchard and commonage of defendant.
William Beales' bill of cost, 1li. 19s. 4d.
Mary Woods, aged about twenty years, deposed that she was desired by Samuell Legg to call John Peach, sr., to her house and Legg asked Peach if he would hold his part in a ketch with him, saying that there was a ketch at Salem which was in part owned by Mr. Beckett, Mr. Ruck and Goodman Curtice, the smith, and if he pleased he might have a quarter part of it. Said Peach answered that the times were now dangerous and that those who had greater estates than they, would hardly venture at sea but when the times changed he might venture. Legg replied that he would make him say that the crow was white before he had done with him and that he had not served seven years without learning some knavery. Peach answered that he was not willing to deal with knaves but with as honest men as he could, etc. Sworn in court.
Thomas Hoer, aged about twenty-four years, deposed. Sworn in court.
Elizabeth Legg, sr., deposed that John Peach said "Well Cozen Samuell if this Hundred pounds doe well in ye Cach when I dy Ile giuc it to To my cozen Betty." Sworn in court.
Grace Joanes, aged twenty-five years, deposed that she saw the papers signed, etc. Sworn in court.
Agreement, dated Dec. 27, 1665, between John (his mark) Pech, sr.,¿ of Marbelhead and Samuell Legg, mariner, the former was to deliver 100li. to said Legg, one-third in money, one-third in provisions and the other third in shop goods, with which to buy part of a vessel or ketch of forty or fifty tons, of which Legg was to be master and have a quarter part himself, etc. Wit: Willam Waterest and William (his mark) Bound.
Letter of attorney, dated June 12, 1666, from Samuell Legg,t mariner, of Marblehead to William Beale of Marblehead. Wit: Richard Reedt and John Legge, jr.t
Copy of agreement, dated Boston, May 10, 1666, between John- athan Baulston, shipwright, of Boston, and Samuell Legg, mariner, the former selling said Legg one-half of a ketch or vessel now stand- ing upon the stocks near said Baulston's house. The ketch was
¡Autograph.
#Seal.
335
RECORDS AND FILES
1666]
Capt. George Corwin v. Robt. Codner. Debt. Mr. Jonathan Corwin swore to the account in the book, in which said Codner owned he received corn and pease, etc. Verdict for plaintiff .*
Mr. Phillip Cromwell v. John Leach, sr. Debt. Withdrawn.
Richd. Haven and William Bassett were sworn constables for Lyn, and Steephen Glover for Gloster.
Christopher Milton v. Edmund Bridges. Debt. Verdict for plaintiff, defendant to deliver the cow or pay a fine.t
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