USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 16
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At the Court of Assistants, Mar. 6, 1665, John Godfrey being bound over to this court on complaint of Job Tyler and John Rimington on suspicion of witchcraft, Edw. Yeomans, Robert Swanne, Mathias Butten, William Symons and John Rimmington appeared as witnesses to speak "the truth, the whole truth & nothing but the truth." John Godfrey being brought to the bar, it was declared that the grand jury had found him guilty and put him on trial for his life. The jury was impanelled, and the said Godfery holding up his hand at the bar, "was indicted by the name of John Godfry of Newbery for not having the fear of God before his eyes did or haue Consulted wth a familliar spirit & being instigated by the divill haue done much hurt & mischeife by seuerall acts of witchcraft to the bodyes & goods of seuerall persons . . contrary to the peace of our Soueraigne Lord the King his Croune & dignity and the wholesome lawes of this Juris- diction. He pleaded guilty and referred himself for his trial to God and the country. The jury found him suspiciously guilty of witchcraft but not legally guilty and he was discharged. Copy made by Edw. Rawson,* secretary.
Abiell Somerby, aged about twenty-eight years, deposed that he heard James Ordway say at Salsbery court that he and others would have been bound for Godfry if the judge had not said "if he were gone we would haue him brought back againe in chaynes or Irons." Godfry pleaded for them to take his own bond but the judge answered, "Wee shall not take a thousand pound in this case," and the people around him were so discouraged that they
* Autograph.
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did not offer bonds. Peter Godfry, aged thirty-eight years, deposed the same. James Ordway, aged about forty-five years, deposed that the judge said that no man would have the face to be bound for him. Sworn, June 21, 1669, by James Ordway, before Daniel Denison .*
Susana Roper, aged about fifty-eight years, deposed that stand- ing in her dooway, she saw Godfry pass her house when he was supposed to be at Salisbury court, etc. Sworn, June 24, 1669, before Samuel Symonds .*
Robert Lord, marshal, aged about thirty-seven years, deposed that he saw Godfry at Salsbery in Cornitt Sevorance's house, etc. Sworn, June 24, 1669, before Daniel Denison .*
John Griffing, aged twenty-eight years, deposed that being at the house of Stephen Swett of Newbery last winter, he saw God- fry going toward Newbery meeting house at which time he was in Boston prison. Also about seven years ago, Godfry and deponent went over Meragmak river on the ice to go to Andover, the former on foot and deponent on horseback. He had a good horse, and when he was at Goodman Geag's field, he saw Godfry a little ahead of him, but a little further on, he did not see him nor any tracks, although there had been a middling snow in the night. Deponent then ran his horse all the way to Andover, and when he reached the first house which was Goodman Rust's, there sat Godfray in the corner, and said Rust told him that he had been there long enough for his maid to clean a kettle and hang on pease and pork to boil for him, and the maid was then skimming the kettle. Sworn, 22 : 4 : 1669, before Simon Bradstreete .*
Robt. Pike,* commissioner, aged about fifty-two years, deposed that Godfry was at Salsbury court every day.
Edward Clearke* deposed. Sworn in court.
Danill Maning, aged about twenty-one years, deposed that Godfry passed near his house the day after Goody Archer was buried, etc. Sworn, June 28, 1669, before Daniel Denison .*
Sarah and Elizabeth Roper deposed that standing at their father's door the second Tuesday of last April, etc. Sworn, June 24, 1669, before Samuel Symonds .*
Elizabeth Buton, aged about forty-seven years, deposed that on a rainy day, she and her daughter Saray laid in a bed by the fireside "about twelue or one a elok their was a great noys about the hous which this deponent tok to be the Catel but when she was awak she saw a shap of a man and sit in a great chere and being a great fire ner the bed and nere the chere within a yard and a half I saw godfray siting and I would faine a struck him but could not put forth my hand and I did what I could to wake the maid that was in bed with me but could not for I could neither
*Autograph.
155
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1669]
Joseph Phippen, attorney of George Vicory v. Henry Stacy. For refusing to make division of a parcel of land. Special ver- dict. They found that the plaintiff was legally possessed in partnership with two others of a ten acre lot in Marblehead, which they fenced and occupied, and if the title be found clear, they find for plaintiff, if not, for defendant. Court gave judg- ment for plaintiff .*
speak nor stire and thus he conteneued for the spas of tow ours & I see him three or four tyms but as son as I had com to setel myself in the bed he vanashed away to my aprehencion for he went strangly out and the dore was fast and when I ris in the mornin I went to the dore and it was fast bolted." This happened in the night. Sworn, 22 : 4 : 1669, before Simon Bradstreet .; *Writ, dated 9 : 4 : 1669, signed by Hilliard Veren,t for the court, and served by Hen. Skerry,t marshal of Salem, by attach- ment of land of defendant.
Joseph Phippen's bill of cost, 2li. 1s.
Summons, dated 22 : 4 : 1669, to witnesses, Abraham Whit- yeere and William Charles, signed by Hilliard Veren,t for the court.
Verdict brought in by the jury.
John Peach, sr., and John Peach, jr., deposed that Henry Stacy had owned two-thirds of this lot about twenty-six or seven years. Sworn in court.
Joseph Doliver, aged forty years, deposed that Stacey planted this land, etc. Sworn in court.
Letter of attorney, dated Jan. 6, 1667, given by George (his mark) Vicoryt of Hull, fisherman, to his brother-in-law, Joseph Phippen of Salem, pumpmaker. Wit: Hillyard Veren, sr.t and Henry West.t
John Stacy, sr., deposed that about thirty years before, he bought two-thirds of the ten acre lot that was given to Greenway and Abraham Whitere, and used it several years. Afterward he gave it to his son Henry. Sworn in court.
Marke Pitman, aged forty years, deposed that about twenty years ago Henry Stacy planted between John Hart and William Salkins.
Thomas Bowen, aged about forty-five years, deposed that Georg Vicker, Richard Greenaway and Abraham Whiteyeare were granted by the town of Salem ten acres on Marblehead side, bounded by land of William Charles on the southeast. Sworn in court.
Moses Mavericke,t aged about fifty-eight years, deposed that the lot was commonly called Stacies lot, and when it was fenced
t Autograph.
ĮSeal.
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Samll. Benett v. Mr. Jno. Gifford. Forfeiture of a bond of arbitration. Withdrawn .*
Mr. Jno. Price, attorney of Mr. John Croad v. John Bly. Debt. Verdict for plaintiff.t
Jon. West v. Tho. Knoulton, jr. Debt. Verdict for plaintiff.}
with post and rails, Stacy paid for the fence, etc. Sworn in court.
John Gatchell, aged about fifty-three years, deposed that he worked for Abraham Whiteare about thirty years ago on this land. Sworn in court.
William Charles, aged about seventy-four years, deposed that the land was bounded by the Scotch pond on the southeast. Sworn in court.
Robert Knighte, aged about fifty-five years, and Robert Nor- man, aged about forty years, deposed. Sworn in court.
Abraham Whiteyeare, aged about sixty years, deposed that he sold his part to John Stacy, sr. Sworn in court.
*John Gifford's bill of cost, including a summons for Joseph Armitage, 1li. 16s.
+Writ, dated 14 : 4 : 1669, signed by Hilliard Veren,§ for the court, and served by Henery Skerry,§ marshal of Salem, by attach- ment of a chest and two chairs in defendant's house.
John Price, aged about twenty-three years, deposed that he demanded the debt of Jno. Bligh. Sworn in court.
Bond of John (his mark) Bligh of Salem, dated Jan. 8, 1666-7, to Mr. John Croade of Salem, merchant, for 18li. 18s. 1d. Wit: Richard Croadeg and John Price.§ Acknowledged in court.
Letter of attorney, dated Feb. 2, 1668-9, given by Jno. Croades of Salem, merchant, to John Price. Wit: Theodor Prices and Richd. Croade.§ Acknowledged in court by Richard Croade.
#Writ, dated Apr. 2, 1669, signed by Robert Lord,§ for the court, and served by Robert Lord,§ marshal of Ipswich, by attach- ment of defendant's land, which was sometime Goodman Young- love's.
Niciles Marbell deposed that he heard John West ask Willyam and Sammuell Knoulton whether they were to do any sawing work, etc. Sworn, June 19, 1669, before Daniel Denison.§
Thomas Loe, aged about thirty-seven years, deposed that William Knolton and his brother Samuell Knolton undertook to cut 2,000 planks for Thomas Wells, but what they cut they spoiled, etc. Sworn in court.
Jno. West's bill of cost, 1li. 19s.
Tho. Clarke testified that Tho. Knolton desired a little longer time to pay the debt, etc. Sworn, June 28, 1669, before Daniel Denison.§
§ Autograph.
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1669]
Tho. Judkins was sworn constable of Gloster for the ensuing year.
Tho. Ellis v. Emanuell Clearke. For withholding 4li. Ver- dict for plaintiff .*
Ordered that Jno. Chub, now residing with Renold Foster, be returned to Thomas Loe, jr., to serve him four months, in satis- faction for what he was engaged to pay for him to the Ipswich court.
Joseph Armitage acknowledged judgment to Mr. Eleazer Hathorne.
Thomas Pickton and Mathew Price deposed that the same day that John West had a trial with Thomas Knolton, jr., before the Worshipful Major Hauthorne, in the afternoon at Mr. Gidny's, John West proffered Knolton if he would bring a sufficient man to be bound for him for payment for that horse West sold to Knolton, West would forbear until the next court at Salem. Knolton replied he was a knave and he would pay him in the worst pay in the country, naming dry cask. Sworn in court.
Bond, dated Aug. 22, 1668, Thomas Knoulton, jr.t of Ipswich to John West, for a horse, at 8li. to be paid in wheat and malt at Capt. George Corwin's in Salem or to his son Mr. John Corwin, and a saddle to be paid in silver, at 35s. Wit: Thomas Picktont and John (his mark) Knolton. Acknowledged, 12 : 2 : 1669, by Tho. Knolton.
Robert Lord, jr., and Andrew Peeters deposed that being in company with Goodman West, Thomas Knowlton, Sergeant Clarke, etc. Sworn, June 28, 1669, before Daniel Denison.
John Lee, sr., aged sixty-seven years, deposed. Sworn, June 29, 1669, before Daniel Denison.t
William Knowlton and Samuell Knowlton deposed that John West being at their house, etc. West' said that he had not lodg- ing for them at present, and they lost much time, etc. Sworn, June 29, 1669, before Daniel Denison.t
*Writ, dated June 8, 1669, signed by Hilliard Veren,t for the court, and served by Rich. Wayte,f marshal of Boston. Bond of Emmanuell (his mark) Clarke and Mathew (his mark) Abde.
Thomas Elleses bill of cost, 1li. 9s. 6d.
Emanuell (his mark) Clarke's receipt, dated Nov. 21, 1662, to Thomas Eliss for the use of Mr. William Browne.
Matthew Abdy, aged forty-eight years, and John Downes, aged forty years, deposed that being present with Clerke and Ellis in the house of Thomas Hawkins, etc. Sworn, 25 : 4 : 1669, before Richard Parker,t commissioner.
+ Autograph.
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William Edmonds had his license renewed.
Richd. Hutten acknowledged judgment to Mr. Antepas New- man.
John Lewis and Jno. Newell were sworn constables for Lynn. Joseph Bowed had his license renewed.
James Axy dying intestate, Frances, the widow, presented an inventory and was appointed administratrix of the estate.
Will* of Christopher Linsy was proved and an agreement in writing by the three children about the division of the estate among themselves was allowed and ordered to be recorded. An inventory of the estate presented by his son Eleazer, was also allowed.
*Will of Christopher (his mark) Lynsye of Lynn, dated Apr. 9, 1669, and proved in Salem court: He bequeathed to his son Eleazer, his eldest horse & 3 gotes, 2 swine, 1 begger & one Les- ser; to his son John his mare, & 3 gotes & 1 biger swine; to his daughter Nahomie, his younger horse, heifer & 3 sheep & seaven gotes & ye other two swine; all his tooles were to be divided between his two sons; to his daughter Nahomie all bedding & Lining, potts, kettles, puter & his house & land; to his three children, all that was owing him, his daughter to have a quarter more than either of his sons; to his daughter all his provisions, etc. Wit: Joseph Redknapt and Andrew Mansfeild.t "Mem- orandum: this is my minde & will that the charge of my burial shall be discharged equallye out of the Legasyes aboue said: Alsoe I make my sonn Eliezer my executor: & hee is to bee pre- paid for all his trouble, & expenses, out of the Legasyes of his brother John & his sister Nahomie pportionablye & one pound more Allsoe I desyre William Bassitt & Andrew Mansfeild to bee overseers of this my will."
Inventory of the estate of Christopher Lynsye of Lynn, who died Apr. 10, 1669, appraised Apr. 12, 1669, by Joseph Redknap,t Andrew Mansfeildt and Willam Bassett,t and presented by Eleazer Linsy: The houseing & one acre of land, 22li .; 4 acres Lying nigh the dwelling house, 16li .; Bedding, 4li. 10s .; one Rugg for a bedd, 1li .; Puter, Ili .; Tinn ware, 4s .; foure Horses yong & ould, 13li .; 5 swine, 3li. 10s .; 2 ewe sheep & 3 Lambs, 1li. 16s .; 14 gotes & 14 kidds, 7li .; 1 Heiffor 2 yeares ould, 3li .; 1 warming Pan & 1 Litle posnit, 11s .; carthen ware, 4s .; 1 Table, 3 chests & 1 oulde trunke, lli .; Barrills & Tubs, 12s .; sivs, 3s .; pales, bowls, dishes & wooden ware, 13s .; 1 Muskett, lli .; two Iron potts, 1 kettle, frying pan, gridiron & pott hangers & tonges & hookes, 2li .; carpenter's Tooles, lli. 17s .; 1 pare of Bellows &
t Autograph.
159
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1669]
James Murfee, complained of for abusing Hester, wife of Jonathan Gage, several times, and also for breaking prison at Ipswich, was ordered to be severely whipped, bound to good behavior, to pay said Gage five pounds, and not to pass over to the northward of Ipswich river upon penalty of imprisonment. Said Murfee bound .*
Jeffery Thistle, bound to this court by the Worshipful Major Hathorne, on a charge against him brought by Wm. Litefoote, for abusing his wife, ordered that he be sent to the prison at Bos- ton until the next Court of Assistants unless he furnish a bond
1 broad hoe, 4s. 6d .; one Cubboard & 1 houre glasse, 7s .; wear- ing apparrill, 3li .; A table Cloath, napkins & other Lining, 1li. 5s .; flax & woollen yarne, 11s .; corne & meale, 18s .; 1 bedd Corde & 1 third pte of a Cable rope, 7s. 6d .; lumber, 8s.
Agreement, dated 19 : 2: 1669, among the children John, Eleazer and Nahomy Lynsey that the whole estate of their father should be divided equally. Wit: Joseph Armitage and Sarah Lynsey.
*Nathaniell Gage, aged twenty-three years, deposed that on May 21, 1669, his brother Jonnathan Gage came to him at their father's house. He asked deponent and Joshua Bointon to go to his house, because he was to go to town, and James Murfee was at his house, of whom he was afraid. They both went in at the back of the house to the upper chamber, said Murfee not knowing they were there. The latter presently asked deponent's sister for a pipe of tobacco, and she bade him begone. Whereupon they heard a bustling below and heard her say that if he followed her, she would fetch him none. She looked into the chest and told him there was no tobacco there, and then he assaulted her. Sworn, 25 : 4 : 1669, before Simon Bradstreet,f assistant.
Joshua Bointon, aged twenty-two years, deposed the same. Jonathan Geag's bill of cost, 17s.
Fees and diet due Theophilus Willson, keeper of Ipswich pri- son, 2li. 2s. 6d.
Hester Gage, wife of Jonathan Gage, testified that there was only a little girl in the house with her at one time when he assault- ed her. Also that when Murfee asked her to meet him that evening, she told him that she would be at cousin Pike's. The next day she was shelling seed corn when Murfee came into the house and commanded her to make his bed so that he might go to sleep, etc. "Goeing into the other roome to give my piggs corne," he followed her, etc.
+Autograph.
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of 100li. Said Thistle bound, with Richard Thistle and Robert Bradford, sureties .*
Ensign Howlet and Robert Lord, sr., were ordered to lay out a highway from Mr. Endecot's farm in Topsfeild to Topsfeild meeting house before 15 : 7 : 1669.
Samll. Cummins, son of John Cummins, was appointed admin- instrator of the latter's estate, in the hands of Mr. John Gardner, the former administrator, who was discharged. Said Cummins gave bond to pay the children's portions.
John Sothwiek and daughter, complained of for selling strong water to the Indians, and his daughter not appearing, he for- feited his bond. They were dismissed upon oath of said Soth- wick that he never directly nor indirectly sold strong water to Indians, who charged him with it before Major Hathorne nor did any of his family.
The last Ipswich court ordered Peeter Strickland to pay double damages and return the goods stolen, and it was to be understood that Mr. Samuell Gardner, one of the owners, was to receive the whole and to pay William Hascall, jr., the other owner, his part.
Joshua Turland, being an idle and extravagant person, "runs up and down, neglects his business and is in danger of falling into mischief," court ordered that the selectmen of Beverly put him out to service or otherwise to dispose of him for his good and safety.
Mr. William Woodcock dying intestate, and Hanah, the widow, refusing to administer, court granted power of administration to Mr. Eleazer Hathorne and Mr. John Corwin, who were to bring in an inventory to the next Salem court. If the administrators should see cause to make use of any person to be helpful in post- ing the books or about his accounts, they were to have liberty to pay him out of his estate.
Mr. William Woodcock dying intestate, and his estate supposed to be much in debt, the court ordered that all creditors bring in
*Summons, dated 2 : 3 : 1669, for Thistle and also the wife of Wm. Barthol, signed by Wm. Hathorne,f assistant.
Wm. Lightfoote's complaint, 3 :3 : 1669, against Jeffrey Thistle.
Mary Barthol deposed what her sister, Lightfoote's wife, told her. Sworn, 3 : 3 : 1669, before Wm. Hathorne,f assistant.
+ Autograph.
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1669]
Mr. Joseph Grafton, sr., for putting in a vote for one who was not a freeman in the choice of deputies at Salem, upon confession was fined .*
Giles Coree was freed from common training, so long as his lameness continued.
Elizabeth Walton, relict of Mr. William Walton, was ordered to keep the whole estate in her hand during her life, she being admin- istratrix, with the consent of all the children. She was to pay all the debts of the estate, and at her death, said estate was to be divided among the children, Nathaniell, the eldest, to have a double portion, of which he had already received 30li., and Samuell having had 8li. of his portion.t
Joseph Armitage complained that the country owed him a debt of 7li. 3s. 4d. made by Governor Endecott, magistrate, and deputies as they passed by to and from the court at the time when the country bore their charges, and presented several bills under the hands of several members of the court. One pound was sub-
the former setting his dogs on Codner and crying, "Hallooe, hallooe a Rogue a Rogue." Sworn, 1 : 4 : 1669, before Wm. Hathorn,# assistant.
Martha Beale, aged thirteen years in September next, deposed.
Samuell Beale, aged about fourteen years, deposed that Codner came out of Samuell Gachell's house and ran after him with a paddler and said, "Sirra, Tell yourer father ye next Time I meete him Ile thrubb his bones."
William Beale, aged about thirty-eight years, deposed. Bethiah Gachell mentioned.
Martha Beale, aged about thirty years, deposed.
*He put in a vote for his son John Grafton, jr. Wit: Mr. Richard More and John Puttnam.
+"Wee whoes names are underwritten being desired by nathan- ill Waltown to vew a parsell of medow and upland lying in mar- blhead which acordinglie we did and to the best of our Judgment it is worth the sum of fortie pounds." Dated June 25, 1669, and signed by John Peach, sr.,¿ and Samll. Ward.# "the Charges that I haue ben out vpon the mash for fencing and daming against the see : 20 : 00 : 00."
Moses Mavericket and Samll. Ward,; on June 29, 1669, appraised for Samuell Waltown, a parcel of land at Marblehead, called Williams' lot at 10li., and the parcel on which his house stands at 8li.
#Autograph.
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scribed in the behalf of the deputies by Joseph Jewett and Ephraim Child, and the rest by Mr. Endecott. Court judged that all of it ought to have been paid long since and ordered 10s. to Mr. Gidney and the remainder to said Armitage .*
John Codner was fined for abuses to a maid of about twelve years.
The town of Salem being enjoined to make sufficient the high- way lately laid out between Salem and Andover, and it not being done, court allowed them to join with some men of Andover appointed to find out a new way which may be better. In case they agreed to continue the former way, Salem was to make their part sufficient before the next Ipswich court.
Jno. and Nathaniel Ingerson, Henry Skerry and Edward Bridges bound for the former's appearance at the next Court of Assistants.
Daniel Elah, being required to attend court and departing without leave, was to be apprehended by the marshal of Ipswitch or constable of Haverill and brought to court.
Mr. Lattimore, for abusing the watch, coming to his house one night, was fined.t
Mr. Lattimore had his license renewed for the ensuing year.
Edward Woolland was allowed costs in the action brought against him by Jeffery Joanes, who did not prosecute.
Benja. Felton was appointed keeper of the prison. He accept- ed it for one year and was to be allowed as much as Mr. Willson, the keeper of the prison at Ipswitch.
Thomas Tuck was bound to good behavior.
*Petition of Joseph Armitage.#
"Mr treaserer I pray you pay to Joseph Armitage the som of one shillinge & fouer pence which I expended going to the generall Coart this : 17 : 8mº 1650. Tho. Wiggin."}
"Reseued at Joseph Armitages fouer pence," per Hugh (his mark) Cauking, 6 : 3 : 1651. Tho. Bradbury; and Esdras Reade,¿ deputies, certified "There is due to m' Armitage of Lyn one shilling & two pence, for or Dinner the 6th of ye (3)d mº (51)."
Jo. Whipple,¿ on 6 : 3 : 1651, certified that he received of Joseph Armitage 10d.
"M' Audetor pay to Joseph Armeteg fouer pound sevene shil- ings one Pens, 9 : 4 : 1652. Joseph Jewit, jr., # Ephraim Child.}"
Christopher Lattemore. Wit: Will. Haries, Griffin Johnes and Walt. Adams.
# Autograph.
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1669]
their debts to the administrators, Mr. Eliazer Hathorne and Mr. John Corwin, and that this notice be posted up at the meeting house at Boston and Salem.
Benjamin Parmiter had his former license renewed.
Administration upon the estate of Eliza Fraile, widow, was granted to Samuell Fraile, who was to bring in an inventory to the next Ipswich court. Said Samuell was to make choice of one man and the rest of the children to make choice of another man to appraise the estate.
Capt. James Smith was fined for breach of the peace.
Richd. Rowland, in behalf of himself and wife, was fined for breach of the peace.
Nicholas Manning gave the parcel of land, which he lately bought of William Lord, sr., containing nine acres, lying next to Major Hathorn's easterly, as security for the payment of 50li. to the children of Robt. Gray, deceased, which was 50li. left in the hands of Mr. John Browne, sr., who was to deliver the said sum to the said Manning.
Capt. White, Mr. Jon. Corwin, Mr. Tho. Gardner and Mr. John Hathorne had their former licenses renewed.
Ordered that the town of Lynn sufficiently repair the county bridge and bring in their charges to the next Ipswich court.
Richard Norman of Marblehead, recommended by the select- men to keep an ordinary, was licensed to keep a house of com- mon entertainment and to draw wine.
Wm. Beale, for breaking Henry Codner's head, was fined.
Henry Codner, for abusing William Beale and his wife, with reproachful speeches, was sentenced to be whipped or pay a fine. He was bound to good behavior, with Jeremiah Gatchell as his surety .*
*Summons, dated 7 : 4: 1669, to Wm. Beale for striking Jeremiah Gatchell's servant, Henry Codner, signed by Wm. Hathorne,t assistant.
Erasomus James, t constable, offered to testify that "william Beall hath Beeng with me too or three times: & hath complained very mush of his Being a Bused very mush By some of goodman gashells fammely: Espehally Jearymiah gashells saruant: hennery Codner."
William Beale deposed that "since Henry Codner droue my Cattell out of my yarde my wife & I beeing Milkinge I saw Henry + Autograph.
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