USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 15
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Judges: Mr. Simond Bradstreet, Mr. Samuell Simonds, Maj. Daniell Denison and Maj. Wm. Hathorne.
Grand jury: Capt. Walter Price, John Pickering, Lt. Wm. Dixy, Jno. Rayment, Joseph Huchesson, George Keaser, Richard Beefer, Henry Silsby, Nathaniell Kertland, Will. Clearke, Will. Merriam, Ambross Gale and Richd. Kimball.
Jury of trials: Mr. Edmd. Batter, Sergt. John Porter, Jno Putnam, Nathaniel Felton, Benj. Ballch, Christophr. Lattemor Ensign Bancrafte, John Pearson, Richard More, Thomas Farrer, Joseph Eavely and Sergt. Thomas White.
Petition of Richard Kent,* Hen. Short,* Anthony Somerby* Wm. Gerrish,* Richard Dole* and Tristram Coffin, concerning Mr. Woodman's miscarriages: They referred to the law relating to libels, also refuted the charges made in a previous petition to which their names were attached, concerning church government. That nearly thirty years since at a synod at Cambridge, it was agreed that if the ministers thought it most convenient to vote by speech and silence, rather than by lifting up the hand, they had no objection, etc.
*Autograph.
144
SALEM QUARTERLY COURT
[June
Chosen to be of the jury upon John Ingerson and Barney's account, Robert Lord, Jno. West and Left. Payebody.
Mr. John Hathorne v. Andr. Mansfield. Slander. Review of a case tried at Ipswich court about five years since. Nonsuited .*
John and Nathaniel Ingerson v. Jacob Barny, sr. Review. Concerning some land professed to have been sold by John Knight and John Willde by order of Mr. Wm. Paine. The jury found a verbal sale by Mr. Paine about 1651. Appealed to next Court of Assistants.t
*Writ, signed by John Fuller,¿ for the court, and served by Robart Potter,¿ constable of Lynn, by attachment of eight acres of salt marsh in Rumly marsh in the first division.
+Writ, dated June 17, 1669, signed by Hilliard Veren,# for the court, and served by Henery Skerry,¿ marshal.
Jacob Barnie's bill of cost, lli. 7s. 2d.
Copy of writ, bond, deeds, depositions, grants and special ver- dict in this action tried at the last Ipswich court, made by Robert Lord,¿ cleric.
Copy of the special verdict brought into court.
John Knight, sr.,¿ affirmed, June 15, 1669, that he did not sell the land to Mr. Payn, but sold him some timber to build a ware- house, as the land belonged to his wife. Wit: Joseph Hill, com- missioner, and Daniel Lunt.
John Porter deposed. Sworn in court.
Mighill Cresie, aged about forty years, deposed that about six- teen years ago in the winter time, he worked with Jacob Barney, jr., one day helping him to get railes and fencing stuff upon the farm between Leaches hill and Frost-fish river, adjoining the farm of Jacob Barney, sr., and where Jacob, jr., now lives.
Israile Porter, aged about twenty-five years, deposed that the fence had stood fifteen or sixteen years, etc. Sworn in court.
John Putnam, aged about forty years, deposed that the cove below Bass point was the bound between Engersell and Barney, and from that cove there was a fence made by Jacob Barney, sr., to his old house, which had been maintained by Barney for twenty-six or seven years. He never heard in all the time he had lived at the farm that the Engersolls had any land there.
John Marston, sr., aged about thirty-three years, deposed that he mowed for Barney before 1651 on his salt marsh from Leeches cove to the westward bounds of the lot over against Farmer Porter's, but after 1651 he mowed both the Ingersoll lot and Barney's. Sworn, 25 : 4 : 1669, before Wm. Hathorne,¿ assistant.
Joseph Boice, sr., aged about sixty years, deposed, 25 : 4 : 1669, that Richard Ingersoll's cattle came into Jakob Barne's # Autograph.
145
RECORDS AND FILES
1669]
Richard Rowland v. Capt. James Smith. Review. Verdict for defendant .*
marsh, etc. "Joseph Boyse attested to this in ye presence of God Wm Hathorne,f Assistant."
Joshua Rea, aged about forty-one years, deposed concerning the fence, the end of which was in open view to those who travelled in the country road. Joseph Porter testified the same. Sworn in court.
Francis Skerry, aged sixty years, deposed. Sworn, 29 : 4 : 1669, before Wm. Hathorne,t assistant.
Frances Nursse deposed that about twenty-three or four years ago, etc. Sworn in court.
* Writ, dated Jan. 21, 1669, signed by Hilliard Veren,t for the court, and served by Richard Rith,; constable of Marblehead, by attachment of the dwelling house of defendant.
Bill of cost, 19s. 6d.
Copy of writ, in a similar action tried at Salem court, 25 : 4: 1667, made by Hilliard Veren,t cleric.
Copy of writ in a similar action tried at Ipswich court, Mar. 30, 1669, made by Robert Lord,¡ cleric.
John Peach, jr., aged about fifty-three years, deposed that Richard Rowland being at the house of deponent, questioned deponent's wife as to what she could say concerning Richard Cooke's part in the farm, which was five pounds. She asked Rowland why his father did not buy it of Coocke, and he replied that he bought it for his father, but the latter told him if he would pay five pounds to Mr. William Brown for him, in mer- chantable fish, he should have Cookes part. Sworn in court.
John Furbush, aged about forty years, deposed that being upon Major Hathorn's farm, James Smith, sr., said that the acre of marsh now in controversy on the north side of a pond was Row- land's, and deponent mowed it. Sworn, 19 : 1: 1669, before Wm. Hathorne,t assistant.
Jno. Peach, aged about fifty-five years, and Ealce Peach his wife, aged about fifty-four years, deposed that Rowland had possessed fifteen pounds worth of the farm long ago. Sworn in court.
John Gatchell, sr., aged about fifty-three years, deposed that Smith said that Rowland now had no more cattle than he had commonage for, save only his daughter Mary's mare which he would not meddle with. But Mary Rowland came to said Smith and made such a moan saying,"Unkle if you Doe nott helpe mee I am undone For my Father will not Lett mee haue a Commonage For my Mare," that he gave her commonage for a year. Sworn, 29 : 4 : 1669, before Wm. Hathorne,f assistant.
t Autograph.
146
SALEM QUARTERLY COURT
[June
Richard Rowland v. Capt. James Smith. Review. Verdict for plaintiff .*
Richard Rowland and wife Mary v. Capt. James Smith. Slander. Verdict for plaintiff.t
John Richardson v. Danll. Bacon. Debt. Withdrawn.
Samuel Nichols, commander of the ship Jeremiah of Bristoll v. Edw. Wattkins, Christophr. Smith and Edward Woodman. Withdrawn.#
Thomas Pitman deposed. Sworn in court.
John Stacy, sr., aged about forty years, deposed. Sworn, 19 : 1 : 1669, before Wm. Hathorne, § assistant.
John Legg, sr., deposed that Richard Cook said he had sold his share of the farm to Smith. Sworn in court.
Allic Peach deposed that living near Goodman Cook and seeing them have so much butter and cheese weekly when there was a scarcity of it, she asked his wife how she procured it. She answered that her husband had sold his share of the farm to "Long" Smith, receiving his pay in provisions. Sworn in court. *Writ, dated 22 : 4 : 1669, signed by Hilliard Veren,§ for the court, and served by Richard Rith,§ constable of Marblehead.
Richard Roulan's bills of cost, 1li. 5s. 6d. and 1li. 10s. 2d.
Richard Rowland's§ charges for the arbitration at Mr. Gedney's, also for releasing to James Smith his right to a piece of land bought of Erasmus James, sr., twenty years ago, etc.
Copy of depositions and bill in a similar action brought in the last Ipswich court, made June 28, 1669, by Robert Lord,§ cleric.
Mary Rowland, aged nineteen years, and Judeth Groundin testified that the serge was not six weeks in the house before it was delivered to James Smith. Sworn in court.
+Writ: Richard Rowland and wife Mary v. Capt. James Smith; slander; saying that plaintiff had cheated him out of a barrel of pork and nine pair of shoes, for saying he was a common liar and was recorded six years ago as such, and that his wife killed seven fowls of his, and other reproachful words spoken in a public house; dated June 21, 1669; signed by Hillyard Veren, § for the court; and served by Richard Rith,§ constable of Marble- head.
James Smith, jr., aged about fourteen years, and Robert Randell, aged about fifteen years, deposed that they heard Row- land's wife bade the boy to set their dog upon Smith's fowls, etc.
ĮWrit: Samuell Nicholls, commander of the ship Jeremiah of Bristoll v. Edward Watkins, Christopher Smith and Edward Woodman; for neglecting their duty aboard the ship and leaving the ship in the time of the voyage for which they were shipped; §Autograph.
147
RECORDS AND FILES
1669]
dated May 24, 1669; signed by Hilliard Veren,* for the court; and served by Erasmus James,* constable of Marblehead.
Francis Cockhill, cooper on the ship Jeremy, deposed at Salem, June 17, 1669, that Edward Watkins, mate, Christopher Smith, boatswain, and Edward Woodman, gunner, of said vessel, had divers times absented themselves both by day and night without license or consent of the master and had left the service of said ship. He had never heard the master abuse them. When they left, they commanded deponent to put them ashore in the night when the master was in his cabin, pretending that they would come aboard again in a canoe. He had heard them speak several times of buying a ketch or vessel for themselves. Sworn, 17 : 4 : 1669, before Wm. Hathorne,* assistant.
Thomas Oweing, seaman, deposed that the defendants had bar- gained for a ketch and there were but five pounds difference between their price and another person. Sworn, 17 : 4 : 1669, before Wm. Hathorne,* assistant.
Jonathan Pitman, supercargo, deposed that being at Boston loading goods, intending to depart for Marblehead on May 18, where they were to take on fish for the voyage, they were much hindered by the absence of the men, etc. Sworn, 17 : 4 : 1669, before Wm. Hathorne,* assistant.
James Greene deposed that he heard the men say if they could have carried their goods in the ship, they would not have left it. Sworn, 29 : 4 : 1669, before Hilliard Veren,* cleric.
Anthoney Willeames deposed that he heard the master say that he should not carry the three men out of New England, and as for his mate, he was no more mate than a dog, etc. Sworn, 8 : 4 : 1669, before Wm Hathorne,* assistant.
Ambrose Gale of Marblehead deposed that he was with Samuel Nickolls, master, at Boston on election day, when he went to his boat to go aboard but, finding no one but a boy, etc. Sworn, 29 : 4 : 1669, before Hilliard Veren,* cleric.
William Steephens and Frances Challoner, belonging to the ship Jeremy, deposed that they were shipped by Samuell Nickolls to go to New England, thence to Cales or Bilboa and believed the others were shipped the same. Sworn in court.
Christopher Davis deposed that he was in Nicholls' house when he shipped Christopher Smith and Edward Woodman, etc. Sworn in court.
James Smith, aged about forty-five years, and Alizabeth Jonson, aged about thirty-one years, deposed that said Smith came into John Northin's stage and desired Mr. Nickols to go up to Mr. Lattemor's to treat with the men who were then under arrest. Nichols refused and said "Lat tham go Lick acompani of thefes as thar ar for thay haue stolen thinges out of my ship," etc. Sworn in court.
*Autograph.
148
SALEM QUARTERLY COURT
[June
Thomas Dorman, late constable of Topsfield v. William Pritchett. Review. Defendant ordered to return the cow .*
Edward Woodf and Thomas (his mark) Davis deposed. Wit: John Gatchell,t John Gatchell, jr.,t and Daniell King.t Sworn, 8 : 4 : 1669, before Wm. Hathorne,f assistant.
*Writ, dated Apr. 16, 1669, signed by Robert Lord,t for the court, and served by John Kimball,f deputy for Robert Lord,t marshal of Ipswich, by attachment of land of defendant.
Warrant, dated Jan. 27, 1668, to the constable of Topsfeild, for collecting the rates, signed by Jno. Gould,t Thomas Perkins,t Thomas Baker,t Danill Bormant and Frances Pebody.t
Copy of writ, town record, certificate concerning minister's rate of William Pritchett, country rate of 1668, and record of the action in the last Ipswich court, also the General Court, made Apr. 24, 1669, by Robert Lord,t cleric.
Warrant, dated 16 : 7 : 1669, to the constable of Topsfeild for collecting the country rate and also their "Collidg portion wch at twenty-two pence in ye pound is twenty two shillings eight pence," signed by Richard Russell,f treasurer.
Town rate made Jan. 27, 1668, to defray the town's debts, signed by John Gould,t Thomas Perkins, f Thomas Baker,f Danill Bormant and Frances Pabody :; Mr. Gilbert, 1s. 7d .; Dekon Hovey, 7s. 4d .; Jon. Hovey, 7s. 2d .; Mr. Perkins, 1li. 3s. 9d .; Will. Avery, 7s. 10d .; Tho. Avery, 5s. 2d .; Jon. Redington, 1li. 12s. 11d .; Tho. Baker, Ili. 16s. 6d .; Tho. Perkins, 1li. 18s. 10d .; Mikall Dwaniell, 8s. 2d .; Tho. Browning, 9s. 9d .; Isack Comings, sr., 10s. 7d .; Isack Commings, jr., 17s .; Insine Howellett, 16s. 6d .; Antony Carell, 7s. 9d .; Jon. Wilds, 1li. 3s .; Jon. Robinson, 4s. 3d .; Marthu Standly, 13s. 7d .; Cor. Will. Smith, 6s. 10d .; Will. Prichat, 6s. 3d .; Mikall Boudan, 3s. 2d .; Mathu Hucker, 3s. 2d .; Evenes Mories, 3s. 2d .; Luke Wakline, 2s. 3d .; Tho. Dorman, 5s. 1d .; Jon. Daves, 4s .; Jon. Gould, 9d .; Richard Kimball, and Tho. Fisk 18s. 10d .; Wedo Andros, 6s. 4d .; Will. and Joseph Townes, 17s. 9d .; Jon. How, 15s. 8d .; James Watres, 5s. 9d .; Ephram Dorman, 14s. 7d .; Will. Hobes, 7s. 4d .; Corp. Edmond Townes, 1li. 1s. 7d .; Daniell Clark, 11s .; Will. Nicklos, 18s. 10d .; Farmer Porter, 12s. 9d .; Jon. Nicklos, 9s. 2d .; Thomas Putman, 2s. 1d .; Samuell Cuttler, 1li. 6s. 5d .; John Putnam, 1s. 2d .; Daniel Borman, 4s. 2d .; Nathaniel Putnam, 3s. 2d .; Liut. Frances Pebody, 2li. 5s. 1d .; Jon. French, 13s. 7d .; Jon. Moriell, 19s. 10d .; Tho. Hobes, Ili. 2s. 3d .; Daniel Blake, 4s. 11d .; Isack Estey, 11s. 10d .; Jacob Townes, 13s. 5d .; Base Rever men, 16s. 6d .; total, 36li. 10s. 2d. Paid Thomas Baker 6s. upon the town's account for getting the "gimeres."#
John Gould,t Thomas Perkins,f Thomas Baker,t Danill Bor- tAutograph. Venires?
149
RECORDS AND FILES
1669]
man* and Frances Pebody,* selectmen, ordered the constable to pay the town's debts as follows: Tho. Hobes, Ili. 1s .; Tho. Dorman, sr., 17s .; Ephraham Dorman, 2s .; Tho. Dorman, sr., 8s .; Tho. Perkins, 9s .; Jon. Redington, 9s .; Will. Avery, 4s .; John Gould, 1li. 2s. 2d .; Luke Wakling, Ili .; Jacob Townes, 2s .; Samuell Simons, 8li. 15s .; John Gould, 5s .; Jon. How, 2s. 10d .; Thomas Baker, 8s .; Jon. Robinson, 2s .; Tho. Baker, Ili .; Isack Estey, 2s .; Corp. Townes, 8s .; Jon. Wilds, 14li. 16s .; Daniel Borman, 7s. 6d .; Liut. Pebody, 16s .; Daniel Clarke, 7s .; total, 32li. 16s. 3d.
Deed, dated Jan. 28, 1657, Marke Simondst of Ipswich, tailor, to Daniell Clarke of Topsfield, for 15li., eighteen acres of upland and meadow in Topsfield, near a pond commonly called Mr. Baker's pond, bounded by a brook coming out of said pond on the east, a brook from Mr. Baker's meadow on the south and west and by a ridge of rocks on the north. Wit: Robert Lordt and Tho. Clarke .* Joana, wife of Marke Simonds, released her dower.
Thomas Dorman's bill of cost, 3li. 19s. 4d.
At a town meeting held 14 : 10 : 1661, following are the names of the commoners: Mr. Bradstreat, Mr. Endicot, Mr. Pirkins, Zacheas Gould, Mr. Baker, Thomas Dorman, Francis Pebodie, William Evens, Danell Clarke, Isack Cumings, sr., Isack Cumings, jr., Ensigne Howlet, William Smith, Frances Bates, John Wiles, John Redington, Tho. Perkins, Tho. Browning, Jacob Towne, Isack Estie, Willi. Towne, Edmond Towne, Mathew Standley, Anthony Carell, John How, Edward Bridges, Will. Nichols, Uselton's lot, Lumpkins farme, Robert Andrewe's land. Copy made from the town book, 11 : 3 : 1669, by John Redington,* clerk.
John Wiles and Thomas Dorman deposed that the lot called Uselten's lot was the Prichit lot in controversy, and that it was within the line that Ipswidg granted to Topsfeld, which line ran to the south side of Mister Baker's pond and to Rouly river.
John Wilds deposed that eighteen or nineteen years ago Marck Symons paid rates to Topsfield; then he sold to Daniell Clarck and he did the same. Ussellton bought it and he did likewise, but Prichet refused for four years to pay. Before this, said Prichit lived in Ipswidg. Sworn in court.
John How deposed that Thomas Dorman went to Goodman Prichet's land and distrained a cow in satisfaction for the rates, which was appraised by deponent and Thomas Backer at 3li. 5s. The land of Prichet's was about a mile and a half from Topsfeeld meeting house and above six miles from Ipswidg meeting house, and said Prichet had lived there four years. Further, the latter wintered his cows within the place commonly called new mead- ows. Thomas Backer testified to the same. Sworn in court.
* Autograph.
t Autograph and seal.
150
SALEM QUARTERLY COURT
[June
Mr. John Giffard v. Thomas Chandler. Debt. Verdict for defendant .*
Mr. William Browne, sr. v. John Goold. Debt. Verdict for plaintiff.t
Frances Pabody deposed that he, Simon Tutle and Moses Pingre met to renew the bound marks between Ipswich, Topsfield and Rowly, and to Topsfield was given from the end of divisional line between Ipswich and Rouly to the furthermost end of the pond, etc. Sworn in court.
Lift. Francis Pebody and Thomas Backer, selectmen for 1668, deposed that William Prichit was not rated for any head nor for his house which he lived in, but for his stock and land and a barn. Sworn in court.
*Writ, dated June 8, 1669, signed by John Fuller,# for the court, and served by Nathan Parker,¿ constable of Andover.
Thomas Chandler, Dr., Mar. 20, 1651, to barr Iron, 8li .; Osborns acct., 1li. 13s. 7d .; June 3, to barr Iron, Sli. 19s. 7d .; total, 18li. 13s. 2d. Cr., June 3, 1651, by 36 1-2 bush. of wheat, 9li. 2s. 6d .; by 3 doz. of Trayes, 11li.
Thomas Chandler'st receipts, dated Mar. 19, 1650 and June 2, 1651, to John Gifford, for bar iron.
Thomas Chandler's bill of cost, 6s.
John Stavens, aged about thirty years, deposed that about eighteen or nineteen years ago he went down with his father and Gorge Abbut to the Iron works, with two loads of wheat and wooden ware, all of which were delivered at Mr. Gifford's house for Thomas Chandler of Andover. Sworn, 28 : 4 : 1669, before Simon Bradstreete.#
Samuell Holt, aged about twenty-nine years, deposed that he went down to the Iron works with John Lovjoy, who took depo- nent's father's team with cight oxen, to carry wheat for Thomas Chandler of Andover. Sworn, 28 : 4 : 1669, before Simon Bradstreete.
Gorge Abbot, aged about fifty-four years, deposed that old Goodman Stevens, who is now dead, etc. The goods were deliv- ered to Jonathan Coventry, Mr. Gifford's clerk. Sworn, 29 : 4 : 1669, before Simon Bradstreete.
John Lovjoy, aged about forty-seven years, deposed. Sworn, 28 : 4 : 1669, before Simon Bradstreete.}
+Writ, dated 27 : 2 : 1669, signed by Hillyard Veren,# for the court, and served by Henery Skerry,¿ marshal of Salem, by attach- ment of twelve acres of meadow near the house of defendant at Topsfeild.
Bond, dated Dec. 28, 1666, John Gould of Topsfeld to Mr. William Browne, for 30li. 17s. 9d., for Edmond Bridges of Tops-
¿Autograph.
151
RECORDS AND FILES
1669]
Edward Wattkins v. Samuell Nichols, commander of the Jeremi of Bristol. Debt. Withdrawn.
Edward Woodman v. Samll. Nicholls. Debt. Withdrawn. Christopher Smith v. Samll. Nichols. Debt. Withdrawn.
Capt. James Smith v. Richd. Rowland. Defamation. By himself and his wife. Verdict for plaintiff .*
Thomas Pitman v. Peeter Miller. Withdrawn.
John Beckett v. Jno. Richardson. Non-performance of agree- ment. Withdrawn.
John Beckett v. Jno. Richardson. For secretly enticing Timothy Hix, servant to John Becket, to leave his service. Withdrawn.
Tho. Abbet acknowledged judgment due to Capt. Walter Price.
feld, to be paid in wheat and Indian corn or corn failing, in iron tools such as he should give him notice to make. Wit: Benjamin Browne and Steven Haskett. Copy from the book, made by William Browne.t Sworn in court.
* Writ, dated June 22, 1669, signed by Moses Mavericke,t for the court, and served by Erasmus James, t constable of Marblehead.
Thomas Nichollson, aged fifteen years, deposed that one day coming from Salem with Hew Lattimor, when near James Smith's fence, they heard hard words spoken by Goody Rowland to Smith. Sworn, 29 : 1 : 1669, before Wm. Hathorne, f assistant.
James Smith, jr., aged fifteen years, deposed that Richard Rowland's wife abused his father, calling him "long shanked Thevesh Rouge," and said that he stole hay out of her barn, with a great deal of gross language. Sworn, 29 : 1 : 1669, before Wm. Hathorne,f assistant.
Erasmus James, aged about thirty-six years, and Eleazar Hathorne, aged about thirty-two years, deposed that being at Major Hathorne's house a month since, when the action was being tried between Rowland and Smith, the former said to Capt. Smith, "you alsoe stole the hay out of my barne." Capt. Smith said, "Gentlemen, bare witness," and Rowland answered "I say the hay was stolen out of my barne." Sworn in court.
John Peach, jr., deposed that the Widow Bartoll told deponent that Rowland demanded of her for her son John's country rates ten groats. When she asked who rated him, he replied the townsmen, naming Mr. Mavericke, Mr. Latimor, Richard Nor- man, Thomas Pitman and James Smith.
John Codner, aged about forty-four years, deposed that Row- land demanded more of him than he should for the country rate. Sworn, 29 : 4 : 1669, before Wm. Hathorne, f assistant.
Bill of cost, Robert Randall, 2s .; total, 1li. 13s. 2d.
t Autograph.
152
SALEM QUARTERLY COURT
[June
Jno. Godfery v. Mathias Button. For unjust molestation. Verdict for defendant. Verdict not accepted by the court .*
John Godfery v. Daniell Elah. For, under pretense of being the marshal's deputy, seizing the plaintiff. Verdict for plaintiff.t
Jno. Godfery v. Daniell Elah. Defamation. Verdict for defendant.
*Writ, dated June 20, 1669, signed by Anthony Somerby,§ for the court, and served by Edward Clark,§ deputy constable for Tho. White, § constable of Haverill, by attachment of the dwelling house and one hundred acres of land of defendant.
Copy of acquittance, dated Jan. 9, 1663, Matthias (his mark) Butten of Haverell to John Godfery of Ipswich. Wit: Richard Littlehale and Edward Clearke. Acknowledged in court. Copy made by Hilliard Veren,§ clericus.
Copy of acquittance, dated Apr. 22, 1669, John (his mark) Godfery to Mathias Button of Haverill. Wit: Anthony Somerby and James (his mark) Ordeway. Copy made by Hilliard Veren,§ cleric.
Copy of the entry of the action and judgment of Salisbury court, 13 : 2 : 1669, made by Tho. Bradbury,§ rec.
Edward Cleark testified that the acquittance given by Button to Godfery was after the burning of said Button's house. Sworn, 30 : 4 : 1669, before Hilliard Veren,§ cleric.
+Copy of execution, dated 13 : 2 : 1669, with assignment for serving to Daniell Ela of Haverhill by Abraham Drake, marshal, and return by said Ela, made by Tho. Bradbury,§ rec.
John Godfery's bill of cost, Ili. 19s. 8d.
Writ: John Godfery v. Daniell Elah of Haverill; for pretence of being the marshal's deputy, seizing plaintiff, demanding 20li. and enforcing him to pay 5li. for fees, said Godfery having satis- fied the judgment to Mathias Button, who gave him acquittance for the same; dated 10 : 4 : 1669; signed by Hilliard Veren,§ for the court; and served by Thomas Whittier,§ constable of Haverell, by attachment of meadow lying near the great pond about two miles from town.
Mathias Button deposed concerning serving the execution, after John Godfri had stood in the pillory and gone to John Severansc's house, etc. Sworn, 22 : 4 : 1669, before Simon Brad- streete,§ assistant.
Copy of a bill, dated May 2, 1669, that John (his mark) Godfry was to pay to James Ordway for Daniell Ela. Wit: Anthony Somerby and Samuell Stevens. Copy made by Anthony Somerby.§
#Writ, dated 10 : 4 : 1669, signed by Hilliard Veren,§ for the court, and served by Thomas Whittier,§ constable of Haverell.
§Autograph.
153
RECORDS AND FILES
1669]
Copy of the record of the Salisbury court, 13 : 2 : 1669, con- cerning John Godfrey, and depositions, made by Tho. Bradbury,* rec.
Copy of Ipswich court record, Mar. 30, 1669, in relation to Godfrey's presentments.
Daniel Ela's bill of cost, 1li. 19s. 6d.
Andrew Grele and Abraham Whiticker deposed that they heard Daniell Ela say that Godfrey was seen at Ipswich and Salisbury at the same time. Sworn, 15 : 4 : 1669, before Simon Brad- streete .*
At Boston court, Jan. 28, 1667, John Godfry having been bound over to this court to answer for stealing beaver skins, a beaver cap, a shirt and other things out of Mr. Edmund Dounes' ware- house, belonging to Stephen Serjant, and said Serjant being also bound to prosecute, Godfrey desired a jury trial which was grant- ed him. The jury found him guilty and he was ordered to pay treble damages and pay a fine to the county or be whipped fifteen stripes. Appealed to the next Court of Assistants and for want of security, he was returned to prison. Copy made by Edw. Rawson,* recorder.
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