Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4, Part 12

Author: Essex County (Mass.). Quarterly Courts; Essex Institute; Dow, George Francis, 1868-1936
Publication date: 1914
Publisher: Salem, Mass. : Essex Institute
Number of Pages: 532


USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 12


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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# Autograph.


§ Autograph and seal.


113


RECORDS AND FILES


1669]


Richard Oliver v. Wm. Fifield. Debt .*


in his hand. Sworn, Mar. 29, 1669, before Samll. Dalton, t commis.


Order of Walter Barefoote,t dated Boston, Mar. 10, 1664-5, to Mr. John Paine to pay 5li. to Symonds. Wit: William Wood- cocket and Jonathan Tyng.t Acknowledged by Mr. Woodcock, 27 : 1 : 1669, before Wm. Hathorne,t and by Johnathan Tyng, aged twenty-four years, 6 : 8br. 1668, before Jno. Leverett, t assistant.


Paid to Leftenant John Remin of Roxberi, Ili. 6s. 8d .; to Mr. Joseph Juetes ecsecuters, 80li .; to Sarjant Thomas Helle of Nuberi, 10li. 10s .; Deckin Knolltun of Ipswich, 7li .; Daniel Ela of Haverhill, 1li. 16s .; John Hesilltine of Hevrhill, 22li. 10s .; Gorg Hadli of Ipswhich, 2li. 13s .; Mr. Thomas Bishup of Ipswhich, 2li .; William Delle of Haverhill, 1li .; Thoffilus Satch- well of Haverhill, 1li. 5s .; Deckin Pingeri of Ipswhich, 17s. 6d .; Cornit John Whipill of Ipswhich, 8li .; John Johnsun of Haverhill, 4li. 7s .; Edman Brigis, sr., of Ipswhich, 9s .; Thomas Lovill of Ipswich, 4li. 12s .; Bathalemu Heth of Haverhill, 7li. 15s. 4d .; Steven Webstur of Heverhill, 1li. 13s .; John Page, sr., of Haver- hill, 13s .; John Kimball of Ipswich, 4li .; Willam Law of Rowly, 5li. 15s .; Mr. John Backer, sr., of Ipswhich, 1li .; Willam Buckly of Ipswich, 5s .; Richord Coy, 2li .; Abell Langli of Rowly, 5s .; Samuell Plomer of Nuberi, 2s .; Mr. Daniel Epes of Ipswich, 2li. 10s .; Mr. Gidni of Salum, 2li. 11s .; Mrs. Rogers of Rowly, 16s .; John Lee of Ipswich, 11li .; Heneri Shorte of Nuberi, 4li. 12s .; John Griffing of Merimack, 34li .; John Huchins of Haverhill, 2li. 6s .; John Remintun of Haverhill, 1li. 4s .; Cornit John Severans of Sollesberi, 2li. 10s .; Goodman Tuck of Hamtun, Ili. 7s .; Mr. Robart Pattursell of Boston, 14li .; Heneri Benit of Ipswich, 14li. 7s. 9d .; Mrs. Grene of Ipswich, 5li .; John Luis of Bostun, 2li. 13s .; Thomas Butell of Bostun, 2li .; Mathu Coy of Bostun, lli .; John Aslit of Andever, 15s .; Leftenant Osgood of Andever, 6s .; Mr. Curnelus Wolldo, 2li. 7s .; Mr. Rusel of Charles toune, 10li .; Mr. Bishshup of Ipswhich upon ecsecushon, and to Mr. Robard Paine of Ipswhich.


*Writ, dated Mar. 1, 1668-9, signed by Samuell Dalton,t for the court, and served by Abraham Drak,t marshal of Hampton, by attachment of defendant's house and land.


Will. Fifield, sr.,t petitioned to the court, Mar. 29, 1669, that this action be referred to Salem court "Becase I Am By a Hand of Gods prouidence so Lame that I Cannot goe nor Ride so fare As Ipswich." Power of attorney, dated Mar. 29, 1669, given by William Fifield, sr.,¿ to Capt. Walter Barfoott, in the action between Richard Olifer of Salem and himself. Acknowledged, Mar. 29, 1669, before Samuell Dalton,f commis.


+Autograph.


#Autograph and seal.


114


IPSWICH QUARTERLY COURT


[Mar.


Mary Whitridg v. Tho. Whittridg. For withholding a steer and brass kettle. Verdict for plaintiff .*


Capt. James Smith v. Rich. Rowland. Forfeiture of a bond of 500li. Verdict for defendant.t


Jno. Barsham, aged about twenty-eight years, deposed that in Feb., 1668, he heard Mr. Oliver demand a debt of Wm. Fifield of 350 shillings, which he promised to pay with a thousand boards at Exiter and staves at Hampton. Sworn, Mar. 29, 1669, before Samuell Dalton,¿ commissioner.


*Writ, dated Mar. 22, 1668-9, signed by Hillyard Veren, for the court, and served by Henery Skerry,¿ marshal of Salem, by attachment of house of defendant. Bond of Thomas (his mark) Whittrige.


Power of attorney, dated Mar. 22, 1668-9, given by Mary (her mark) Whiterige,§ daughter of William Whiterig, to Mathew Price of Salem. Wit: Hillyard Verent and Rich. Oliver.}


John Whiterige, aged twenty-five years, deposed that his sister Mary had a mare colt given her by her father almost five years ago, which she exchanged with him for a pied steer about three years old. The mare was always called "Maryes mare." The steer since the father's death was delivered to their brother Thomas to keep for her. Also that the kettle was always accounted Mary's since their mother's death, and their father said that it was bought with their mother's money, only he desired to have the use of it while he lived. Sworn, 27 : 1 : 1669, before Wm. Hathorne,¿ assistant.


John Mason, aged about forty-four years, and John Baxter, aged thirty-seven years, deposed that Mary Whitterige, on 16 : 1 : 1668-9, came to the house of Thomas Whitterige and said "brother I am Com to demaund my steere & my Kettle & eight hens & a cock you haue of mine." But he said he knew nothing about them. Sworn, 22 : 1 : 1668-9, before Wm. Hathorne,} assistant.


Nicolas Marble, aged forty years, Thomas Perry, aged about seventy years, Alce Perry, wife of Thomas Perry, and Elizabeth Marble, wife of Nicolas Marble, deposed. Sworn in court.


+Writ, dated Mar. 22, 1668-9, signed by Moses Mavericke, } for the court, and served by Erasomus James,# constable of Marblehead.


John Deverix, aged fifty years, deposed that being desired by Richard Rowland to go with him, together with Mr. Moses Maverick, about the middle of April, 1667, to see the tender of some bedding to Capt. Smith, according to award, one feather bed, two bolsters, two pillows, two blankets, a green rug, cur- tains and vallance, one suit of cloth clothes, and one pair of #Autograph. §Seal.


115


RECORDS AND FILES


1669]


Capt. James Smith v. Richard Rowland. For taking out of his house, etc. Verdict for defendant .*


Capt. James Smith v. Richard Rowland. Debt. Verdict for plaintiff.t


stockings, and Smith refused to receive it. Sworn, 27 : 1 : 1669, before Wm. Hathorne,# assistant.


Moses Mavericke, aged about fifty-seven years deposed that Smith said the bed was not his, but Wibrow Gatchell and Jane James said it was, as they knew by a burnt place on it. Sworn, 31 : 1 : 1669, before Wm. Hathorne,} assistant.


*Writ, dated Mar. 22, 1668-9, signed by Moses Mavericke,# for the court, and served by Erasamus James,# constable of Marblehead.


Walter Price, aged about fifty-five years, deposed that he being desired to join with Henry Barklemew and Mr. Joseph Grafton, sr., to use their best endeavors to "a loving closing" between James Smith and Rich. Rowland, both of Marblehead, after some per- suasion they brought Richard Rowland to forbear taking advan- tage of the law by execution upon Castle hill, etc. Sworn, 27 : 1 : 1669, before Wm. Hathorne,# assistant.


Wiburrough Gatchell, aged about fifty years, deposed that being in the house of Goodman Smith after his decease, "I heard Goody Smith say that her son James Smith should haue ye Best Bed and all that did Belong to it: and I heard say in ye house that ye great Chist should Nott Bee opened till her son James Came home. Moreouer to my Best Remembrance shee was questioned if shee had forgiuen Rowland and her answer was shee had Not forgiuen Rowland; howbeeit after goody Smith was Deceased I saw Mary Rowland take money out of ye Cup Board and sayed her mother had prouided it to Burie her withall." Sworn, 22 : 1 : 1666-7, before Wm. Hathorne,¿ assistant.


Marget Bennot, aged about sixty-one years, deposed that being in the house of Mary Smith, widow, then on her death bed, she heard Samuell Eborne ask said Smith, his mother-in-law, whether she had forgiven Rowland, for the latter had come out and said she had. She said that he asked her to forgive him and she did, although she told him that he had done her too much wrong, etc. Sworn, 22 : 1 : 1666-7, before Wm. Hathorne,¿ assistant.


+Writ, dated Mar. 22, 1668-9, signed by Moses Mavericke,į for the court, and served by Erasomus James,# constable of Marblehead.


Richard (his mark) Roland, on July 11, 1664, promised to pay to his brother, Samuewll Eboarn, attorney to his brother James Smith, 20s. for grass which Rouland had cut on Smith's land.


#Autograph.


.


116


IPSWICH QUARTERLY COURT


[Mar.


Sergt. Clarke v. Mr. Anthony Crosbie. Debt. Verdict for plaintiff .*


Wit: Erasomus Jamest and Joshua (his mark) Codnor. Sworn, 5 : 2 : 1667, before Wm. Hathorne .;


Richard Rouland, Debtor, Dec. 14, 1666: to one peece of sarge, 6li .; 4 yards 1-2 of Cotten at 4s., 18s .; mony lent you, -; money lent you at Mr. Ruck's and when you went to Boston with the prisoners, to mony paid Mr. Verin, to one bushel Indian corn, one pound of tobaco, one payer of French fall showes for Robart punell, one pound of tobaco for Punell; to fish you received of William Nicke, 2li .; Comminage for your mare, 2li .; to two dayes work of my servant, 4s .; to my son and my mare one day going to Linne for you, 3s .; total, 13li. 5s.


John Peach, sr., aged about fifty years, and Judeth Groun- dell, aged about twenty-one years, deposed that two years ago, being present at Capt. Smith's house, Richard Rowland brought in a piece of serge and said "heare is yor searge take it." Capt. Smith threw it out the window in the dirt, which he repeated again. Then Goody Randell went out, took up the serge and wiped off the dirt, saying if no one wanted it she would take it, ete. Sworn, 27 : 1 : 1669, before Wm. Hathorne,t assistant. Samuell Eaborne, aged about fifty-eight years, deposed. Sworn, 29 : 1 : 1669, before Wm. Hathorne,f assistant.


Erasemus James, aged about thirty-four years, deposed that Rowland swore falsely, etc. Sworn, 29 : 1 : 1669, before Wm. Hathorne, f assistant.


William Nicke, aged thirty-five years, deposed. Sworn, 29 : 1 : 1669, before Wm. Hathorne,f assistant.


John Backer [or Bulker], aged about twenty-eight years, deposed that he heard Mary Rowland, the younger, entreat her uncle, etc.


William Nicke, aged about thirty-five years, deposed that being at his stage and having some dealings with Goodman Smith, Rouland being in want of some fish and deponent owing Smith some fish, the latter ordered him to pay the same to Rouland. Further that Rouland got a gallon of oil of deponent in his father's name and kept it for his own use, etc. Sworn, 22 : 1 : 1666-7, before Wm. Hathorn,t assistant.


*Writ, dated Mar. 23, 1668, signed by Robert Lord,t for the court, and served by Robert Lord,t marshal of Ipswich.


Anthony Crosbiet of Rowly acknowledged a debt, Mar. 24, 1663, to Tho. Clarke of Ipswich, tanner, to be paid in wheat and pork. Wit: Tristram Coffin.t


Robert Lord, jr., deposed that he heard Master Crosbie say that the debt he owned Sergent Clarke was such an honest debt that he could not appear against it. Sworn in court.


+Autograph.


117


RECORDS AND FILES


1669]


Thomas Bishop, assignee of Marke Quilter v. Nicolas Browne. Withdrawn.


Mr. Symon Bradstreet v. John Gage. Trespass. For harm done by his swine in his corn. Verdict for plaintiff .*


*Alexander Sessions, aged twenty-four years, deposed that he went down to his master Bradstreet's plain after much of the damage was done, in 1666 and mended the fence and then having occasion to go after some young cattle, coming back to the corn- field, the dogs that were with him fell upon some hogs there. Deponent caught one to observe the earmark and found a slit in the near ear. He spoke to Mr. Faulkner about it and he owned the marks to be his, etc. He further deposed that in 1665, he saw swine by the river side, and Goodman Kingsbur- ough's son said they were his uncle Gage's hogs, which Daniel Gage corroborated. Sworn, 27 : 1 : 1669, before Simon Brad- streete.t


Sergant John Steevenst and Sergant Thomas Farnum,t fence viewers of the north part of Andover in 1666, deposed that they viewed the fence of a field of Mr. Bradstreet's about three miles from the town, called the plain, and judged it sufficient, etc. Sworn, 27 : 1 : 1669, before Simon Bradstreete,f assistant.


Thomas Johnsont and Richard Suttont deposed, as fence view- ers of Andover for 1665, that they found the fence sufficient. Sworn, 19 : 1 : 1668, before Simon Bradstreete.t


Henry Kingsbery,t aged about fifty-four years, deposed. Sworn, 26 : 1 : 1669, before Simon Bradstreete.t


John Bradstreet,t aged about seventeen years, deposed that being sent by his father in 1666 to the plain, he was compassed about by hogs so that he had to get upon his horse and ride away. The corn was good, about thirty bushels to the acre. Sworn, 29 : 1 : 1669, before Simon Bradstreete.t


Dudley Bradstreet,t Edward Whittingtont and Robin (his mark) Basely deposed. Sworn, 29: 1: 1669, before Simon Bradstreete.f


Josiah Gage, aged about twenty-one years, and Daniel Gage, aged thirty years, deposed concerning their father's hogs. Sworn, 31 : 1 : 1669, before Wm. Hathorne,f assistant.


Daniell Gage, aged about thirty years, deposed that Benjamen Kimball and Joseph Pike went to view the fence, etc. Sworn, 31 : 1 : 1669, before Wm. Hathorne,f assistant.


Benjamen Kimball, aged about thirty-two years, and Joseph Pike, aged about thirty years, deposed that they viewed the fence for Sargent John Gage, etc. Sworn, 31 : 1 : 1669, before Wm. Hathorne,f assistant.


+Autograph.


118


IPSWICH QUARTERLY COURT


[Mar.


Mr. Symon Bradstreet v. Hugh Sherratt and wife. Debt. Verdict for plaintiff .*


Mr. Symon Bradstreet v. John Clarke. Debt. John Clarke came into court and acknowledged a judgment of 20li. to plaintiff.


John Godfry v. Edward Cottell. Verdict for defendant.t


*Writ: Mr. Simon Bradstreet v. Hugh Sherratt and Elizabeth his wife, administratrix of the estate of Humfry Griffin, deceased, and of John Griffin, her agent and attorney; dated 17 : 1 : 1669, signed by Edmond Fawkner,¿ for the court; and served by William White,# constable of Haverhill, by attachment of the dwelling house of defendant.


Simon Bradstreete'st account: Humfry Griffin, debtor, for 7 bush. of Ind. Corne dd. by Goodm. Whitman att 3s., 1li. 1s .; an oxe dd. by Abr. Reddington about ye yeare 57 or 58, 8li .; a Cow dd. by Ens. Howlett, 4li. 5s .; three weather sheepe dd. by Goodm. Jurdan, 2li .; total, 15li. 6s. Creditor pd. by him to Mr. Chevrs, Ili .; by Mr. Wilson, 2li. 5s .; by Mrs. Rogers, 3li. 5s .; by Mr. Baker, 8s .; total, 6li. 18s.


Abraham Redington deposed that he delivered the ox to Griffin's son, etc. Sworn in court.


Simon Bradstreete deposed that half a year before Humfry Griffin died, he was at his house and showed him how the account stood and Griffin owned it. In 1661, deponent made a copy and gave it to John Griffin to show his mother, and they promised to pay it in eorn and cattle, and a copy was also given to Hugh Sheret and his wife. Sworn in court.


John Ossgood,¿ aged about thirty-seven years, deposed. Sworn, 30 : 1 : 1669, before Simon Bradstreete.


John Griffingt deposed that he never owned any account con- cerning his father Humfri Griffing nor his mother Elesebeth Sheratt and the Worshipful Mr. Brodstrete.


+Writ, dated Feb. 11, 1668, signed by Robert Lord,¿ for the court, and served by Thomas West, deputy for Robert Lord,¿ marshal of Ipswich, by attachment of two rugs, a pot, kettle, cow, horse, staves, 100 acres of land, which goods were found "in the house where Edward Cottell's wife dwells."


Thomas West, aged about thirty years, deposed that the next morning after the attachment was served Samuell Bickford came to where John Godfry and deponent stood and said if the latter had not attached the horse as he did, he would not have had him for he would have bought the horse of his mother before night. Sworn, Mar. 24, 1668, before Daniel Denison.}


John Jimson, aged twenty-nine years, deposed that he was with Edward Cottell and John Godfry at Thomas Fowler's house #Autograph.


119


RECORDS AND FILES


1669]


John Sorlah had his license renewed for a year, also his license to sell strong waters.


Mr. Joseph Hills, having often been employed in public employment in the county, and now grown aged, was released from ordinary training free.


Mr. Joseph Hills, Capt. Wm. Gerish and Mr. Nicolas Noyes were sworn commissioners of Newbury to end small causes.


Mr. Samuell Symonds made return that on Jan. 22, 1668-9, he fined James Foard 20s.


John Godfrye, presented for being drunk, was fined.


John Godfry, presented for cursing speeches, which he con- fessed, was fined.


Court allowed the return of the way laid out from Topsfield to Have[rhi]ll ferry by Samuell Brocklebank, Ezekiell Northend, Jo. Gould, Tho. Baker, Joseph Pike and John Griffing, recorded lib. 4, p. 305 .*


when the latter demanded security of Goodman Cottell. He promised three cows, a horse and eight acres of land in the ox pas- ture, and thereupon they agreed to go down to Goodman Somerby to write the agreement. Next day, deponent went with Good- man Cottle to Capt. Pike to discourse with him about what Cottle owed him, and the cattle were delivered to said Pike before deponent and Thomas Fowler. Sworn, Mar. 23, 1669, before Daniel Denison.t


Samuel Bikford, aged about twenty-one years, deposed that his father-in-law, Edward Cottle, delivered to Capt. Robert Pike the last summer, three cows, his household goods and 100 acres of land by turf and twig, by bill of sale in satisfaction of debts due said Pike from said Cottle and Mr. Ringe in old England which Pike had paid for them. Since this time whatever his mother had received had been by order from Capt. Pike, etc. Sworn, Mar. 29, 1669, before Robert Pike,t commis.


Bond of Edward Cottell, dated Aug. 22, 1667, to John Godfry, for 37li. 15s. 8d., to be paid in wheat at James Ordwayes house in Newbury. Wit: Anthony Somerby and Samuell Bigford. Copy made, June 1, 1670, by Robert Lord,t cleric.


Thomas Fowler, aged about thirty-three years, deposed that Edward Cottell and John Jimson came to his house, etc. Also that Samuell Bickford was Cottell's agent. Sworn, Mar. 20, 1668, before Daniel Denison.t


*Report of Ezekiel Northend,t Thomas Bakert and Joseph Piket to the court, having been "appointed by the three Respec- +Autograph.


120


IPSWICH QUARTERLY COURT


[Mar.


tive Towns to lay out a Cuntry high way from Topsfeild meett- inge house to hauerill fery: haue laide it from Topsfeild meett- inge house toward hauerill on the East side of a hill Called the bar hill and ouar pey brooke through a plaine Called the pine plaine and soe by the mouth of a pond and soe directly into Andouer Road: Trees being marked on both sides of the way and soe kept the roade untill we Come about fourty Rod from the fiue mile ponde and then leauing the ponde on the left hand we went between two hills the one being Called balle pate & the other Shauen Crown Trees beinge marked on both sids of the waye and soe on by the weste side of a medow Called the half Moone medow and soe strait forward by trees that are marked downe by the side of Roburt haseltines medow Estward of the medow and to goe ouar the great brooke att the north East end of the said Robart haseltines medow and soe to goe strait from the brooke through a ualley into the Cart way that goeth to the haseltines medow and then to kep the Cart waye through John Pikards farme and soe ouar a brooke Called Johnsons brooke att the olde Carte waye trees being marked on both sids of the way and soe to keep that Cart way untill it Come in to the high waye that goeth from Rowly and soe to keep that Roade untell it Come to a brooke Called the Stony Runet and from thens to goe strait west ward: trees being marked on both sids of the -ing on the south of Robart haseltines dwelling hous ning by the west - de of his barne & soe - olde way vntill it C- the country - from Andouar to hauerill so to goe down - Thomas kimballs hous to hauerill fery: dated ye 28 of - 1668."


Petition of John Carleton, George Browne, Daniell Lad, sr., Joseph Davis and John Hazeltine, Sept. 29, 1668 to Ipswich court: "Wee understand that or Neighbours on the other side of the River of Merrimack agt ye towne of Haverhill have lately, upon theire owne heads & with out the approbation consent & joynt helpe of the towne of Haverhill wch the Law provides for, page 37: title Highwayes, Sect. 1,|| endeavours the change of an Highway|| therfore wee ye Selectmen at Haverhill in the name & behalfe of the sd Towne doe signifie to this Court (to which wee are informed that or Neighbours without knowledge or privitie, doe intend underhand to repaire for the accomplishment of the private ends & aimes of but two or three m- That wee have not Joyned & doe not joyne wt or Neighbours in th- actinge in this matter nor doe upon any hand consent that there - be any other Country highway laid out then that which was last laid out by the consent of our Towne, & also of or Neighbours on ye other side which highway was laid out by the River side betw: the feilde & the banke. Wee humbly & wee hope groundedly con- ceive that if - Hond Court should confirme that way that is lately laid out by ymselvs viz: or neighbours, who intend, as wee


121


RECORDS AND FILES


1669]


Joseph Leigh, upon proclamation, none objecting, was released from his bond for good behavior, as were also John Leigh, sr., and Samuell Hunt.


John Ring, bringing Wm. Linkhorne and his wife into court, was discharged.


Constance Longhorne chose Richard Thurlay as her guardian, who gave bond for the estate in his hands.


Peeter Strickland, for breaking up a shop and stealing serge and eloth from Joseph Prince, was ordered to pay treble damages to said Prince and to be whipped.


Peeter Strickland was ordered to be delivered to Nath. Wells to serve him for a year provided he give bond to pay 10li. in corn and pork, one-half in six months and the other half at the year's end, to defray court charges.


John Emery, bringing in acquittances of the discharge of the portions ordered by the court, was to have his deed delivered, but one being incomplete, he and his son John Emery, jr., bound themselves to bring in an acquittance from the youngest child of John Webster.


heare now to propound it, will be a great damage & oppression to some pticular persons - have it so done, & the old way by the River taken away or altered; wee cannot see how it can be any advantage, but rather a disadvantage to the Country & especially to o" Towne who have constant use of yt way."


Nath. Saltonstall's* petition: "I am desired by Jnº. Haseltine (who understands that his Brother Robert & a few others, for theire owne private convenience, whithout any advantage to the Country but apparently to his great damage & contrary to his consent & ye approbation of the Towne of Haverhill) are aimeing at & endeavouring the alteration of the Country way from the River side over agt Haverhill to signifie that it will be very prej- uditiall to ye sd Jno. to have the way altered, so as to enclose the way that now is betw: the feilds & the River, which is all ye way that he hath to his house & land yt stands by yt River betw : Land of Robert Haseltine & other land yt ye sd Robert hath late- ly sold. Some of this towne & my selfe for one were formerly consenting to the alteration of the way, ye new one intended being not much farther about, till we heard yt Robert Haseltine & his successor did intend to fence in & impropriate the old way upon the banke side, wch was never consented to yt I know of nor approved of by ye Towne, but now utterly opposed as may appeare by a writeing under ye hands of our Select men," etc.


*Autograph.


122


IPSWICH QUARTERLY COURT


[Mar.


Marke Hascall dying intestate, court granted administration of the estate to Hanah Hascall, widow of Marke, who brought in an inventory amounting to 370li. 8s. 3d. Court ordered to the two children left, Wm. and Marke, 200li., the eldest to have a double portion, and the rest of the estate to the widow Hanah Haseall. Ordered also that Mr. Edmund Batter, Wm. Hascall, Hugh Woodbury and Nicolas Woodbury be overseers.


Capt. James Smith, attaching Rich. Rowland, and not pros- ecuting, was allowed costs.


"Having heard the complaint prsented to this court agst mr Edward Woodman, do judge some passages relateing to mr Parker & mr woodbridge to be faulse and seandulous and that concerneing Capt. Gerish, reproachfull and pvokeing and the whole genrlly offensive, And hath therfore ordered that the sayd mr woodman shall be seriously & solemnely admonished and enioyned to make a publique confession at the next publique Towne or church meeting at Newbury of his sinfull expressions & iust offence that he hath given or elee to pay five pounds & to pay costs and fees."


"I dissent from this sentence, Samuell Symonds."


"And I dissent, Wm. Hathorne."


"We conceiue the law allows not liberty to the members of this court to enter their dissent in this case, being a criminall case & not properly concerneing religion or any other qualifica- tion mentioned in ye law. Symon Bradstreet, Daniell Denison."


Mr. Edward Woodman appealed to the next Court of Assist- ants. Wm. Tittcombe, surety .*


*Warrant, dated Mar. 31, 1669, to Mr. Edward Woodman to appear at Ipswich court upon complaint of Richard Kent and others for words spoken in a public meeting tending to the dis- paragement of Mr. Parker and others, signed by Robert Lord,t cleric, and served by Caleb Moody,t deputy constable of New- bury.


Mr. Ed. Woodman's bill of cost, 2li. 5s. 8d.


Richd. Kent, Henry Short and Ant. Sumersby complained that "M' Edw. Woodman spake in a Towne assembly before strangers publiquely" on Mar. 1, 1668-9, "That M' Jnº Woodbridge was an Intruder, brought in by craft & subtilty & so kept in, not- withstanding he was voated out twice; we wee know is untrue, & looke upon as seandalous." He also said to Mr. Parker that +Autograph.




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