USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 29
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*Writ, dated 19 : 7 : 1670, signed by Hilliard Veren,t for the court, and served by James Dennes, t constable of Marblehead.
Defendants' bill of cost, 1li. 17s.
John Slead, aged about twenty-five years, and John Foard, aged about thirty-three years, deposed that sojourning at Mr. Devorix house nearly twelve months and working daily upon his farm, they were well acquainted with every part of it and often saw several stakes standing in the line between Devorix farm and the farm late of Mr. Humfryes run by Mr. John and Samuell Gardner some time before. Afterward several of the stakes were pulled up, the holes plainly showing, and several stakes were put down in the line that was run by one Leift. Fisher. Deponents were present when he ran the line in May last, which ran wide of the former one into Mr. Devorix farm, but there could not have been less than two acres taken in by said Fisher, of the best land full of good timber, worth not less than eight or ten pounds. Further, the fence that Capt. James Smith set up runs in the line said Fisher ran, etc. Sworn, 21 : 7 : 1670, before Wm. Hathorne, t assistant.
Copy of depositions in Salem court files, 28 : 4 : 1670, made by Hilliard Veren, t eleric.
John Slead and John Foard deposed that they saw daily cattle feeding upon this farm and many swine to the number of one hundred, for want of the fence to be set up by the proprietors of the farm called Mr. Humfryes' farm. The corn of said Dev- orix was in constant danger, so that he was forced to keep watch every day and mostly all night, and his damage had been at least 20li. Also said Devorix lost a horse and a bull which strayed away on account of the fence, the horse being lamed and spoiled, and the bull mired and lost, only the hide being of value, with a
t Autograph.
286
IPSWICH QUARTERLY COURT
[Sept.
Mr. Wm. Holingworth v. Wm. Beale. Slander. Verdict for plaintiff .*
damage of six or seven pounds. Sworn, 21 : 7 :1670, before Wm. Hathorne,f assistant.
James Dennes, aged about twenty-nine years, deposed that he was with the commoners when they ran the line and they desired deponent, John Peach, sr., and John Pitman to go to John Deveriekes to ask him to go with them but he refused, say- ing, "Jentel men doe what youe please I will not Com a monst youe for my lien is all Readdy Ren," etc. Sworn, 26 : 7 : 1670, before Wm. Hathorne,f assistant.
Nathaniell Walton, aged about thirty-two years, deposed. Sworn in court, 28 : 4 : 1670, and copy made by Hilliard Veren, t eleric.
John and Samuell Gardener, aged about forty-five and forty- three years, deposed that in the spring of 1668, they were desired to run the line by the present plaintiff and defendants. They brought deponents to a tree called Ruck's tree, thence to another bound by the sea side, and Major Hathorne being present, they ran the line, putting in a stake every twenty poles. All present agreed to these bounds. Sworn, 7 : 4 : 1670, before Wm. Hath- orne,t assistant. Copy made by Hilliard Veren,t eleric.
*Writ, dated 21 : 7 : 1670, signed by Hilliard Veren,t for the court, and served by James Dennes,¡ constable of Marblehead.
Willi. Hollingworth's bill of costs, 1li. 7s.
Richard Norman deposed that some time the past summer William Hollenwood came to his house in the night very late and knocked at the door. Deponent arose and let him in and he was very dirty and by his behavior seemed to have drunk too much. Sworn, 26 : 7 : 1670, before Wm. Hathorne,; assist- ant.
Sarah Crocker, aged twenty-eight years, deposed that about a year and a half ago, Mr. More, Goody Beale and herself were in company and speaking about a cloak. Goody Beale said that she heard nobody's name but William Hollingworth's and his wife's. Mr. Moore said that "wee Came ouer the ferry first & yt his Brother Richard spread his Cloake on ye grounde for goody Becket & his wife to sit on for feare of Caching Cold; alsoe M' Moore sayed ye Cloake was gon wee knew not which way & sayed yt hee was sorry his Brother shold Loose such A good Cloake; & alsoe sayed yt there was very high words on both sides; and alsoe sayed that hee was verry much troobled that there was such A disturbance in ye Company. M' Moore carried us into his Kichen where was William Hollingworth but I did not here him spake aboute it & for ought I saw they all
+ Autograph.
287
RECORDS AND FILES
1670]
Elieazar Gyles v. John Southwick. Trespass in corn. With- drawn.
Henry Archer v. Sergt. Thomas Burnam. Verdict for defend- ant .*
Jo. Rayment v. Sergt. Thomas White. Debt. Withdrawn.
parted friends & satisfied." Sworn, 26 : 7 : 1670, before Wm. Hathorne,f assistant.
Richard Kemball, Thomas Fiske and Thomas White deposed that about two years ago, being at Salem at the Artillery, at night they went to the ferry to go home to Wenham. They met with Mr. William Hollenwoode and several other gentlemen in company with him going over the ferry from Wenham, and as they came out of the boat, deponents went in. But before the boat put from the shore, said Hollenwood charged the ferryman to stop his boat for he said he had lost a cloak, and charged deponents with stealing it. It afterward appeared that one of his company carried it away, and they looked upon him as dis- tempered. Sworn in court.
Mary Hudson, aged about fifty years, deposed that she heard William Beale's wife say that William Hollinworth gave a barrel of wine to some of the church of Ipswich to make friends to get his children baptized. Sworn, 23 : 7 : 1670, before Wm. Hath- orne,f assistant.
Samll. Gachell and Bethieah Gachell testified, 2 :7 : 1670, that they heard the wife of William Beale say that William Hol- lingworth was drunk and that was why he lost his cloak, and that it was the next day after said Holingworth's children were baptized at Ipswitch. Sworn, 21 : 7 : 1670, before Wm. Hath- orne,f assistant.
*Writ : Henry Archer v. Sergt. Thomas Burnam; non-pay- ment of 11li. in malt, for so much paid for his use to Mrs. Joana Tuttle many years since; dated Sept. 3, 1670; signed by Robert Lord,t for the court; and served by Robert Lord,t marshal of Ipswich.
Tho. Burnam's bill of cost, 9s. 10d.
Thomas Burnam and wife Mary deposed that Goodwife Archer said of this paper they received of their brother Perepoint that it was upon her request and that brother Perepoint told them when they received it that they need not trouble Goodman Burnham about it.
Mary, wife of Thomas Burnum, aged about forty-six years, testified that about two years before, she met with Nathaniell Stow going down meeting-house hill near the bridge end and asked him about the business between her husband and Henery Archer, if he could remember anything that would give any tAutograph.
288
IPSWICH QUARTERLY COURT
[Sept.
Mr. Thomas Cobbitt v. Capt. Wm. Davis and Capt. Tho. Clarke, administrators of the estate of Mr. Valentine Hill. Debt. For himself and Jane Skipper. Defaulted.
Richard Bedford v. Frances Johnson. For an account of a fishing voyage. The attachment being returned by the con- stable of Marblehead, and the defendant being called three times did not appear. Upon examination, the constable's return appeared defective and the case could not proceed.
Mr. Harlackenden Symonds v. Capt. Walter Barfoote. Unjust molestation. Defaulted.
Benjamin Roffc, John Poore, jr., Frances Thurly, Nicolas Batt, Job Pilsbery and Samuell Plumer of Newbury, being returned by the secretary took the freeman's oath.
light upon it. Then going up the meeting house hill to his sister Archer's, said Stow said he could not, etc.
Nathanell Stow, aged about forty-eight years, deposed that being at Boston, he went with his brother John Peirpoint and saw him pay seven pounds in money to Mistriss Tuttell and take a discharge, which writing deponent witnessed. Deponent understood that his brother Archer ordered his brother Peirpoint to pay this money for a debt which Thomas Burnam owed to Mistress Tuttell, and said Burnam was to pay to Archer malt at Ipswich for the said eleven pounds. Sworn, 12 : 7 : 1670, before Timothy Wheller* and John Smith,* commissioners of Concord.
Thomas Bishop, aged about fifty-two years, deposed that Thomas Burnam sent a note by him to Mr. Jno. Pyrpoynt of Roxburough to ask what he knew about the debt, but he could tell little or nothing and said he would have his books searched. Sworn in court.
John Peirpoint, aged fifty-one years, deposed that he being at Boston met with Thomas Burnam of Ipswich and he was very importunate with deponent to pay 11li. for him to his mother- in-law Mistriss Tuttell, saying that she was going out of the land and he could not pay her in such pay as would well answer her ends, etc. Sworn, Sept. 17, 1670, before Edward Tyng,* assistant.
Joana Tuttell* certified, May 29, 1651, that whereas Thomas Burnam of Ipswich having received goods of Mr. John Tuttle of Boston and being engaged to pay malt for the same, she had received the 11li. in silver of John Peirpont of Roxbury for the use of her husband John Tuttle. Wit: Nathaniel Stow .*
* Autograph.
289
RECORDS AND FILES
1670]
Samuell Corning was licensed to keep the ordinary at Beverly for one year, also to draw liquors but not to suffer townsmen to drink liquors in his house.
Ensign John Gould had his license to sell cider and liquors renewed until the March court, but not to suffer townsmen to drink liquors in his house.
Quartermaster Perkins had his license to keep ordinary renewed for a year, also his license to draw liquors.
Adam Westgat acknowledged judgment to Capt. Georg Corwin of Salem.
Daniell Pearce, constable of Newbury, was fined for making return of a juryman who was not chosen.
Wm. Titcombe was fined for presenting himself to serve on the jury when he was not chosen.
Complaint being made of a mistake in judgment between the town of Marblehead and John Devorix and that some of the town since have pulled down the Devorix fence, court ordered that there should be no more disturbance until the next Salem court when the matter was to be heard.
Tho. Perkins of Topsfield was released from training, paying 6s. yearly to the use of the company.
Ens. John Gould was allowed costs in an action brought by Edw. Bridges and not prosecuted.
Richard Bartlet was sworn constable for Newbury.
John Webster was released of his bond for good behavior.
Robert Crose, presented for excessive drinking, was fined, he having owned it.
Wm. Damford, presented for excessive drinking, was fined.
Court having heard the cases of Wm. Titcombe, Henry Jaquis, Thomas Thurla and Frances Thurla, in regard to a seeming con- tradiction concerning oaths at Salem court, they were severely admonished for fallacy and unwariness in their oaths .*
*Copy of Salem court record, 28 :4: 1670, concerning this complaint, made by Hilliard Veren, t cleric.
Peter Cheny and his wife deposed that Henry Jaques came into their house the night they came from the arbitration and said that they had agreed. Sworn in court.
Hanah Cheny deposed that Henry Jacques said also that he could not agree that Harison should pay four pounds in corn t Autograph.
290
IPSWICH QUARTERLY COURT
[Sept.
and four pounds in cattle, for he did not know where the poor fellow could get it. Indeed, he did not know when he himself could get so much in such pay.
Richard Thorla deposed. Sworn in court.
Award of the arbitrators, signed by William Titcome* and Jonathan Plats,* dated Oct. 26, 1669, that said Harison should pay said Woolcott Sli. in corn or cattle or service to this amount. Wit: Tho. Thorla* and Frances Thorla .*
John Knight's* plea: "May It please the honord Coart Asem- bled at Ipswich I am willing to giue your worships alitle light into the case between woolcot and hareson althou the simpill boy is in great falt to goe away as hee did hauing no frend to coun- sell him and I knowing nothing of his mind in that kind from him: yeat canot but pitty him for his folly and soffaring therby : hereing that he Cam of good frends and brought into this Coun- tary and sold contrary to Couenant: and now liing in Irons for which case I humbly consaue John Woolcot is the cause of for had hee Atended the honared corts order by his own Consent ther would haue ben no need of this troobl: for ferst he denied to haue the case arbitrated by thos men youer worships apointed and contrary ther to hee atached us both to Sallem Cort last Jun then let fall his action and ataged hareson again to Ipswig Cort: befor Sallem Cort was set I gaue sequrity to the Constable for his aperence at Ipswig Cort last: yeat when I was gon to boston: quikly after hee seses upon him and pouts him in Ipswig prison and I being from home he toock the aduantag and the bwoy knouing not what to dou haueing no frend hee Condesend to woolcot to pout it to too men of woolcots Chosing as I hear and the bwoy chos on: which I humlly consaiv is contrary to lawe and Reson Espesially If the bwoy wear not 21 years of age: besids on of the arbitraters Afirms hee neuar agreed to that deter- menation which nou hee sues for naither was I thear or kneu of it when it was|| Agreed by to of them|| and wharas woolcot Com- plains of him its lick hee haue Case: but whear a seruant is in any houes wher no Cristian duty is performed nor Regard to Instruckt such young ons wil be bad enouf and for a seruant to be Cept almost nakd lick a hethen and left alone in his work and none to luck aftr him weeck after weeck ad so munths a man Cannot xspeckt much seruis vnles Consiene binds :. . . I sent my Sune and Wil harsson to Woolcots houese in may when the honord cort Apointed the case to be arbitratd ad he denied it and would not." He further said that the boy had been kept in prison at Boston, could not send to Nubery and had no opper- tunity to prove his case. The evidence was taken out of Tris- tram Coffin's keeping and what alteration was made they know not, etc.
* Autograph.
291
RECORDS AND FILES
1670]
Ordered that the selectmen of Ipswich take care that the bridge over Ipswich river be made secure.
Whereas the constable of Nubury has returned that Mr. Dum- mer, Mr. Woodman and Wm. Titcombe were chosen commis- sioners to end small causes, court would authorize the appoint- ment of Mr. Richard Dummer, Mr. Joseph Hills and Mr. Henry Sewall, when the town shall so signify under the constable's hand, provided the major part of the freeman in meeting assem- bled and called for that purpose declare their assent which the constable is required to certify before a magistrate and to give notice to the constable to warn them to make oath before a magistrate according to law.
Inventory of the estate of John Mussellwhite, lately deceased, taken Mar. 23, 1669-70, by Nicolas Noyse and Richard Dole, and allowed Sept. 27, 1670, in Ipswich court: By bond in Samuell Plumer's hand, 20li .; by Benjamin Roffe, for house and land, 18li .; John Emery, for meadow and rent, 5h. 10s .; wearing clothes and bedding, 3li. 6s .; two iron potts, pothookes, two brasse skilletts and a greidiron, 1li .; a case of bottles & speck- tacles, 5s .; fower ould books & an old chest, 5s .; provissions to Benjamin Roffe, 3li. 6d .; by Sam. Plumer payd to Richard Dole, lli .; another great chest, 6s .; total, 52li. 12s. 6d. Debts and charges from the estate: For diate & attendance for 7 months to Benjamin Roffe, 5li. 12s .; for 5 pound of tobaco & 3 gallons of liquors, 1li. 6d .; for makeing his wastcoat & drawers & cloths, 1li. 6d .; for mending of shoes & stockings, 1s. 10d .; for wood & carrying in 1667 and 68, 15s .; paid to Susan Cartwright by his order, 2li .; to Henry Ak- & Sam. Merick, Ili .; for several writings to Richard Knight, 6s .; to Thomas Hale, sr., 2s. 4d .; to Thomas Silver, 1li. 10s .; to Richard Dole, 2li .; the coffin & Funnrall, 1li. 15s .; charges at the court, 2li. 5s .; by his will to Tho. Hale & Richard Knight, Ili .; to Benjamine Roffe by his will, 2li .; total, 22li. 8s. 2d. [Original on file in the Registry of Probate.]
COURT HELD AT SALEM, 29 : 9 : 1670.
Judges: The Worshipfull Mr. Simond Bradstreete, Mr. Sam- uell Simonds, Major Daniell Denison and Major Wm. Hathorne. Grand jury: George Keaser, Frances Skerry, Christopher Babadge, Jacob Barney, jr., Wm. Bartoll, Lott Conant, William
292
SALEM QUARTERLY COURT
[Nov.
Allen, sr., John Pearce, Hen. Collens, sr., Hen. Silsby, Nathanll. Kertland, Wm. Clearke, William Geere and John How.
Jury of trials: Mr. Richd. Moore, Nathanll. Putnam, Thomas Jegles, Eleazer Gidney, Leift. Samll. Ward, Mr. Paule Thorne- dike, Frances Norwood, Mr. Jno. Hathorne, Theophilus Baily, Richard Haven, Samll. Johnson and Thomas Fiske. Robert Lord, in Mr. Hathorne's action.
John Mastone, warned to attend upon the grand jury and not appearing, was fined.
Leift. Ward was fined for absence from the jury of trials.
Mr. Thomas Cobbitt v. Capt. Wm. Davis. Debt. Verdict for plaintiff.
Ephram Fellows v. Obadiah Bridges. For assaulting him upon the King's highway and abusing him by words and blows. Verdict for plaintiff .*
*Writ, dated Nov. 17, 1670, signed by Robert Lord,t for the court, and served by Robert Lord,t marshal of Ipswich. Aphrahm Pholus' bill of cost, 1li. 8s. 6d.
Obadiah Bridges and Ephr. Fellows, both of Ipswich, on Nov. 26, 1670, chose Sam. Appleton and Ez. Rogers, both of Ipswich, arbitrators, and agreed that the case should be heard on Nov. 28, at the house of Quartermaster Perkins. Wit: Nath. Wade and Sam. Gidding.
Thomas Stephens, aged about twenty years, deposed that as he came from Ipswich he met Andrew Petters and Obadiah Bridges upon the way and they went one upon either side of him, laid hold on him by the shoulders, examined him and forced him to declare what he was and whose man before they would let him go home. After them he met Mr. Nathaniell Wade and Ephriam Fellewes, who let him pass peaceably with a good night. This was the same night that they fell out on the way, and they would not let him go until they saw Mr. Wade and Ephriam in sight. Sworn, Nov. 29, 1670, before Daniel Denison.t
Nathaniell Wade deposed that coming from Wenam with Goodman Peters, Obediah Bridges and Ephraim Fellows, Peters and Bridges would be sometimes before Fellows and himself and sometimes behind, and in Mr. Samuell Apelton's farm, rode before until they came to Mille bridge. Then they faced about on the bridge, their horses' heads toward Wenam. "I Rideinge a little before Ephri: I Came on the Bridge while I came almost to the heather end where peters and Bridges stoode and the sayd Bridges tooke my Horse By the bridle and bid me stand but I
1 Autograph.
293
RECORDS AND FILES
1670]
John Goold v. Edmond Bridges. For not fulfilling a bargain in setting his hand to a deed of sale of land. Verdict for plain- tiff. Said Bridges was to sign the deed of the house and land in Topsfeild or pay said Gould 150li .*
toold him that I would not stay I would goe home about my occa- tions. Bridges told me he would make me stay and lite my pipe in the Brooke before he would let me goe, then I Lit off my horse, and he off of his Horse, by that time Ephraim Came up and he asked what was the matter and Obediah Bridges stoptt him also and tooke his horse by the Bridle and answered that it was the Kings highway and as free for him as for Bridges, and told him if he would not let his horse bridle goe he wold hit him and told him so twice or thrice but Bridges refused to Let the bridle goe, and Ephraim hit him a blow about the hed and gaue two or three lifts at him to shove him aside, then Bridges let goe the bridle and swore by god that he would Kill the Diuill and had like to haue flunge Eph™ downe; beetinge him, riseinge and fallinge, but Ephr™ recouering struck Bridges who lay on his back and Ephr sat on him || but did not strike a blow || and asked him why he did abuse him so on the highway and told him he would let him risse if he would be quiet and let him go home, but he refused and liftinge up his great body with a halfe rowle or two, got him off, and got upon Ephrm Swaringe by god he would bete him in to the earth, and wisht he might be drowned in the broock if he had not a good minde to beet him too pecese layinge on as fast as he could well strike upon his face and hed wth both hands swaringe by god that he would kill the Damned Dogs Andrew Peters standing by Criing Kill the dog kill the dog, so ending his Fighting he fell to Swaringe then I this deponent toold him that he did Like a fool, first for stoppinge us and then for abusinge Ephraim: then he Swared by god if I called him fool againe he would be the death on me." Sworn, Nov. 17, 1670, before Daniel Denison .; Ephraim Fellowes affirmed the same in court.
John Whipell, jr., aged about thirty-eight years, deposed that being in Goodman Bridges' shop, he heard Andrew Petters say, etc. Sworn, Nov. 29, 1670, before Daniel Denison.t
Peter Stickland, aged twenty-four years, deposed that he was sitting by the fire at Ephraim Fellows' the last Saturday and the latter spit black blood. Said Fellows also affirmed "yt he does spitt blood euery daye." Sworn in court.
*Writs, dated Sept. 29, 1670, signed by Robert Lord,t for the court, and served by Robert Lord,t marshal of Ipswich, who committed Edmon Bridges to prison. Bond of Thomas White, t Walter Fayerfieldt and William Beale.t
tAutograph.
294
SALEM QUARTERLY COURT
[Nov.
John Gould's bills of cost, 1li. 9s. 8d., and 4li. 10s. 2d.
Isack Estey* acknowledged that he received in April, 1669, from John Goold, five pounds for Edman Bridges. Wit: John How and Even (his mark) Moris.
Judgment in this action.
John Newmarch's* receipt, dated 25 : 9 : 1670, to John Gould for the use of Edmon Bridges, jr., for eight pounds.
John Numarch deposed. Sworn, Nov. 25, 1670, before Daniel Denison .*
William Browne's* receipt, dated July 23, 1669, to Mr. Jno. Goold of Topsfeld, for 30li. 17s. 9d., for a debt that Edmand Bridges owed him.
Thomas Bishop* testified that he having a bill of Edmund Bridges, sr., and the latter not paying him, deponent sent an attachment to him. Then he came and had John Gold engage to pay this debt. Sworn, Nov. 26, 1670, before Daniel Denison .*
An accompt of what is paid to Edmond Bridges: to Capt. Currell, 28li. 8s. 6d .; to Mr. Will. Browne, sr., 30li. 17s. 9d .; to Mr. Buship, 6li. 10s .; to John Newmarsh, Sli. 4s .; Isack Estick, 5li .; total, 79li. 3d.
Copy of deed, dated Dec. 9, 1670, from Edmond Bridges of Salem, blacksmith, to Ensign John Gould of Topsfield, yeoman, eight acres, with a dwelling house and barn in Topsfeild bounded on the northeast by land of Thomas Perkins, sr., east or south east by land of Jacob Townes, west or southwest by land now in the possession of John Robinson and south by land of Edmond Townes; also a parcel of land on the south side of Ipswich river of about ten acres, bounded by the river on the northeast, com- mon land of Topsfeild on all other sides; said Gould having had possession of the land since 1668. Wit: Thomas White and Walter Fayerfield. Acknowledged, 10 : 10 : 1670, before Wil- liam Hathorn, assistant. Recorded, 14 : 10 : 1670, in Salem, in book 3, folio, 101, by Hilliard Veren,* recorder.
Philip Welch deposed that sometime the last winter he went with Ens. John Gould to the house of Isack Estiek, and Edmond Bridges came in, who falling into discourse with Jacob Townes and Isack Estick about getting clapboards for his house, not knowing where to get them, desired Ens. John Gould to let him get them upon his division. Deponent asked if the division were his or Ens. Gould's to which Bridges replied that he had nothing to do with it. Sworn in court.
James Hanscomb deposed that Edmond Bridges asked him to write a deed of sale for the house and land in Topsfeeld, etc. Sworn in court.
Thomas Perkins, John Robinson, Even Moris and John How deposed. Sworn in court.
* Autograph.
295
RECORDS AND FILES
1670]
Ephraim Fellows was allowed costs in the action against Obadiah Bridges, the latter not prosecuting.
John Gould v. Ed. Bridges. Debt. Verdict for plaintiff. Edmond Bridges v. John Goold. Verdict for defendant .*
The selectmen of Lyn, in behalf of the town v. Edward Richards and wife Ann. Defamation. For her saying that the selectmen stole their wood, carried it to the alehouse and sold it. With- drawn.
Walter Fayerfeld, aged about thirty-eight years, deposed. Sworn in court.
Deed, dated Mar. 1, 1668-9, from Edmond Bridgest [no signa- ture] of Salem, blacksmith, for 75li., to John Gould of Topsfeeld. Lot bounded as in deed dated Dec. 9, 1670. William (his mark) Towne, Joseph (his mark) Towne,¿ Johanah (her mark) Townet and Pheby (her mark) Townet surrendered their interest in the premises. [No witnesses.]
Thomas Backer deposed that Bridges said if Ens. Gould would come down to Salem he would sign the deed, but when he came, said Bridges refused unless he would give him forty shillings more. Sworn in court.
Edmond Bridgest of Topsfeild, on Apr. 4, 1668, acknowledged a debt of 3li. 15s. to John Gould, to be paid in money or wheat at money price, delivered at Ipswich, and to allow the freight to Boston. Bond of Hackaliah Bridges,t his brother. Wit: John Howt and John Perkins .¡ Sworn in court.
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