USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 33
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Mr. Samuell Symonds and Major Genrll. Daniell Denison on Feb. 16, 1670, granted administration upon the estate of Thomas Bishop of Ipswich, to Margrett, the widow, until the next Ipswich court.
On Mar. 24, 1670, Richard Pomroy acknowledged judgment to Mr. Jonathan Wade of 157li. 5s. 4d. to be paid in cod fish at the Ile of Sholes, which settled all claims except five bushels of salt which remained dubious.
Also Andrew Newcom acknowledged judgment to Mr. Jona- than Wade of 44li. 9s. 8d., to be paid in cod fish at the Ile of Sholes.
Will of John Boynton of Rowley, dated Feb. 8, 1670, and
Stephen Daniell, and Mary Chapman said that said Gatchell said in Rich. Prince's house that when he bade her go out of his house she would not go without her son; that she came for him and he should go with her, "and when he said he would fetch him again, shee sd he should haue him dead & not aliue." Sworn, 25 : 9 : 1670, before Wm. Hathorne .*
Copy of a bond, dated Nov. 18, 1650, from Valentine Hill of Boston to Mr. Thomas Cobbitt of Lynn, "for the estate of Jane Skipper in my hand, whose pson is comitted to my trust alsoe for certaine sume received of himselfe, all which amounts to one hundred pounds sterling," which he bound himself to pay to said Corbitt for the use of Jane Skipper, Dec. 1, 1655, giving as security all his right in three-quarters of Oyster river in Pas- cattaque, and three-quarters of all the mill work erected there, etc. Acknowledged, 22 : 9 : 1650, before George Smith, recorder, who recorded it in the book of records for Dover. Copy made by Hilliard Veren,* cleric.
* Autograph.
327
RECORDS AND FILES
16711
proved Mar. 28, 1671: to wife Ellen, house, orchard and barn, with land at Hounsley hill, Oyster point, at the farm, land bought of brother William Boynton, two gates on the common, Hog Island, etc .; to son Caleb, all land bought of his brother William Boynton, and he to pay to his daughter Hannah 20li. at age or marriage; to son Samuel, land at Batcheler's field, new plain, and he to pay 20li. to his daughter Sara at age or marriage; to son John, all his mother's estate upon her death, and on account of helping testator since he became of age, two heifers, one gate on the commons and the mare, and he to pay to his daughter Mercy, who is married, 20li. Said John was to run the farm and give his mother a good subsistence; son John, executor. Wit: Maximilian Jewet, Samuell Brocklebanke and Wm. Boynton. [Original on file in the Registry of Probate.]
Inventory of the estate of John Boynton, appraised Feb. 27, 1670, by Maximilian Jewet, Samuell Brocklebanke, Wm. Boynton and George Kilborne, and allowed Mar. 28, 1671, in Ipswich court : Wearing apparel, books, lands, domestic animals, house- hold utensils, looms, a hive of bees, etc., total, 233li. 13s. [Origi- nal on file in the Registry of Probate.]
Will of Edmond Farington, dated Aug. 12, 1667, and proved Mar. 28, 1671, in Ipswich court: To wife Elizabeth, half his land and corn mill during life, and to son Mathew after her death; to son Edward, 20s .; to son Roberd Terry, 20s .; to daughter Fuller, 10li .; son Mathew, executor. Wit: Nathaniell Kirtland and John Witt. [Original on file in the Registry of Probate.]
Inventory of the estate of Edmond Farington, presented, 25 : 1 : 1671, by Elizabeth, the widow, and Mathew Farington, his son, was appraised by Joseph Armitage and Thomas Newhall, and proved, Mar. 21, 1671, at Ipswich court: Wearing apparel, bedding, etc., 24li. 16s. 6d. [Original on file in the Registry of Probate.]
Will of Thomas Bishop, sr., of Ipswich, dated Feb. 6, 1670, and proved, Mar. 28, 1671, in Ipswich court: To wife Margaret, half of his house, household goods, etc .; to his three eldest sons, Samuell, John and Thomas, certain beds, bedding, etc .; to his two youngest sons, Job and Nathaniell, beds, etc., at age; to Sarah Bishop, his cousin, "who now lives with me", 15li. and a cow and 15li. at marriage; to brother Paul Bishop of Kingston,
328
IPSWICH QUARTERLY COURT
[Mar.
a hogshead of tobacco to be sent over to him, of the first that comes from Virginia; his houses in town and the farm, vessels and goods at sea, to be divided into six parts, after his wife's decease, to son Samuel his dwelling house, with that wherein John Sparke dwells, etc .; to John and Thomas, the farm, after Mr. Deane is paid, they to pay to testator's two youngest sons Job and Nathaniell an equal share out of the estate; Thomas White's mortgage shall not be delivered to him until he pay the 200li. and also the 100li. which testator paid for him to John West; that the trade be carried on by his sons without breaking the stock; his wife and eldest son executors. William Hubbard declared this to be the mind of Thomas Bishop, as did Mr. New- man and Mr. Wainwright, who were also present.
Antipas Newman testified that on Feb. 6, 1670, he was in Mr. Thomas Bishop's parlor and heard Mr. Hubbard read the will to which Mr. Bishop subscribed.
Francis Wainwright testified the same. The witnesses were sworn, Feb. 16, 1670, before the Worshipfull Mr. Samuell Symonds and Major Genrll. Daniell Denison, in Ipswich court. [Original on file in the Registry of Probate.]
Inventory of the estate of Mr. Thomas Bishop, who deceased Feb. 7, 1670-1, appraised upon request of Margaret, the widow, by George Gidding and Simon Tompson: Dwelling house and the real estate, domestic animals, pork, beef, household furnishings; pistols, boots, troopers' scarf, cubboard, clock, etc., in the parlor ; two buffed stooles and other furniture in the parlor chamber; guns, sword, belt, household utensils; goods in the buttery cellar and the wash house; one furnace; merchant's goods; at sea, ketch Margrett, ketch Good Hope, ketch Susannah, ketch Hopewell, and merchandize, etc .; total, 5,000li. 1s. 10d .; debts due from the estate, £961 : 18s. [Original on file in the Registry of Probate.]
Will of Aquilla Chase of Newbury, dated Dec. 10, 1670, and proved Mar. 28, 1671, in Ipswich court: To wife Ann, house, barn and land, she paying to daughters Ann Chase, Priscilla Chase, 5li. upon marriage; to son Thomas, at age, 10li. in corn or cattle provided he remain with his mother until that time, or he might learn a trade; at his wife's death or marriage, his son Aquilla should have the house and land, he paying annuities to his mother and to testator's sons John, Daniell, Moses,
329
RECORDS AND FILES
1671]
daughters Sarah, Mary, Elizabeth, Ruth. Son-in law Charles mentioned. Wife Ann, executrix; Ensign Steven Greenleafe and Wm. Chandler, overseers. Wit: Wm. Chandler, Steven Green- lefe and James Ordway. [Original on file in the Registry of Probate.]
Inventory of the estate of Aquilla Chase of Nubury, who deceased Dec. 21, 1670, appraised, Jan. 21, 1670, by Edward Woodman, jr., and John Bayley: House and land, domestic animals, household furnishings, home made cloth, grain, musket, sword, rest and pike, carpenter's tools, household utensils, tools, etc., total, 336li. 14s. 3d. [Original on file in the Registry of Probate.]
Will of Henry Herick of Beverley, dated Nov. 24, 1670, and proved, Mar. 28, 1671, in Ipswich court: To wife Edith the western half of his dwelling, etc .; to son Thomas all his wearing apparel and 20li. where his house stands; if his son John live and die single, the land given him to go to testator's sons Ephraim, Joseph and Benjamin; to son Zachery, 100 a. in Birch plain bought of Francis and Henry Skerry of Salem, 16 acres where said Zachery's house stands; to sons Ephraim, Joseph and John, the farm bought of Mr. Allford; to son the two lots bought of Henry Rennolds of Salem and Richard Kemball of Wenham; also two acres in Bounkard's meadow; to sons Ephraim, and Joseph, domestic animals, etc; to son Benjamin, the pasture next An- drew Eliott, on southeast side of the highway, to be in the hands of Thomas until Benjamin is 21 years of age; to daughter Eliza- beth, 40li .; to son Henry, after the wife's death, all the estate bequeathed to her, said Henry being executor; Mr. John Hale and Capt. Thomas Lathrop, overseers. Wit: Robt. Morgan and Nehemiah Grover. [Original on file in the Registry of Probate.]
Inventory of the estate of Henry Herick of Beverly, appraised Mar. 15, 1670-71, by John Rayment, sr., and Isack Hall, sr., and allowed, Mar. 28, 1671, in Ipswich court: Dwelling houses and land, domestic animals, wearing apparel, 4 Bibles, musket sword, rapier, great table, household utensils, tools; total, 974li. 17s. [Original on file in the Registry of Probate.]
Mr. Wm. Symonds took the oath of freeman.
Tho. Clarke v. Samuell Bennett. Debt. Defaulted.
Wm. Fuller v. Elizabeth Fullar. For withholding seventeen years' rent. Defendant acknowledged judgment.
330
IPSWICH QUARTERLY COURT
[Mar.
John Prockter v. Symon Tompson, in behalf of the town of Ipswich. For not giving him a division lot for the house his son lived in. Verdict for defendant .*
Anthony Potter v. Mathew Perry. Trespass upon a replevin. Verdict for plaintiff.t
*Copy of record of Ipswich town meeting, Mar. 15, 1659: "for asmuch as it is found by dayly experience that the common Lands of this Town are over burdened by the multiplying of dwelling houses contrary to the intent and meaneing of the first Inhabitants in there granting of houselotts and other lands to such as came amongst them, To the end such Inconvenyences may be prevented for the future It is ordered that noe house henceforth erected shall have any right to the common Lands of this Towne, nor any pson inhabitting such house make use of any pasture timbar or wood growing vpon any the sayd common Lands vpon pretext of any right or title belonging to such heer- after built, without express leave, and alowance of the Towne first had & obtained. Itt is further ordered that the seaven men in the behalfe of the Towne petition the next Genrll. court for the confirmation of this order." Copy made, Mar. 18, 1669, before Robert Lord,¿ recorder.
Copy of a town meeting, Feb. 14, 1664: "Voted that Plumbe Iland hogg Iland & castle neck be devyded to such as have the right to comonage acording to law acording to the proportion of foure six & eight. All that doe not exceed six shillings 8d ther pson & estate in a single country rate to be of the first of foure all them that exceed not sixteene shillings to be of the second sort of six all those that exceed sixteene shillings in the single country rate together with our majestrates Elders m' John Rogers & mr Thomas Andrews to be of the highest devission of 8."
Letter of attorney, dated Mar. 27, 1671, given by the selectmen of Ipswich to Mr. John Paine. Wit: Robert Lord.}
Jno. Procter and Joseph Procter deposed that the house in controversy was built before the town order made in 1659, a year or more. Sworn in court.
Writ, dated Mar. 23, 1670, signed by Robert Lord, for the court, and served by Theophilus Wilson,¿ constable of Ipswich.
+Writ of replevin, to recover a three-year old heifer, black with some white on her back, belonging to Anthony Potter, lately seized by Mathew Perry; dated Dec. 20, 1670; signed by Daniel Denison,# for the court; and served by Robert Lord,¿ marshal of Ipswich.
John Procter, aged about seventy years, deposed that the heifer was not three years old. Sworn, Mar. 23, 1670, before Daniel Denison.#
# Autograph.
331
RECORDS AND FILES
1671]
Mr. John Paine v. Oniciprus Harvy. Debt. Defaulted.
Ossman Traske v. John Dodge. Trespass in corn. Verdict for defendant .*
Funall Ros, aged about fifty years, deposed. Sworn in court. Anthony Potter's bill of cost, 2li. 4s. 8d.
James Ford, aged about twenty-nine years, deposed that Mathi Pery brought a calf to his master White's farm to sum- mer about two years ago, and he left it in the common, etc. Sworn in court.
John Potter and Edmund Potter deposed that their father brought up this heifer from a calf, etc. Anthony Potter affirmed that Pery's heifer was four years old. Sworn in court.
Nathaniell Browne, aged about twenty-six years, deposed that being at Goodman Perryes house about hilling time was twelve- month, etc. Sworn in court.
James Foller, aged about twenty-three years, deposed that going to his grandmother's when Mathew Pery lived there in 1668, etc., and concerning the earmarks. Sworn in court.
John Giddins and Samuel Giddins deposed that Perry came to John Giddins' house and proferred the heifer in exchange for a yearling, and further deposed concerning the marks. Also that John Giddins about a fortnight after saw her on the southeast side of Wilderness hill. Mathew Perry said he had "found his by cowkeeper rocke," etc. Sworn in court.
Elezebeth Fuller deposed that Perry hired a cow of her grand- mother, etc. Sworn in court.
John Whipple deposed. Sworn in court.
Samuell Giddinge and Thomas Jacob deposed that being at Merchant Bishup's one Thursday after lecture, etc. Sworn in court.
John Dane, aged about twenty-seven years, deposed that the last year that Mathi Pery lived with the Widow Emburson, etc. Sworn in court.
*Writ, dated 22 : 1 : 1671, signed by Tho. Fiske, for the court, and served by John Lovett,t constable of Beverley, deputy for Robert Lord,t marshal of Ipswich, by attachment of marsh near the mill, in the presence of John Knight.
Benjamin Balch and Zacharie Herrick, both of Beverley, being desired by Ozmund Trask some time the past summer to view damage done in his Indian corn, appraised it at twenty bushels. Also that Trask had John Dodge's cattle in pound at the same time. Sworn, 28 : 1 : 1671.
Bill of cost of John Dodge, jr., 16s.
Robert Morgan and Willm. Raiment, arbitrators, found the impounding legal and that a sufficient fence should be main- +Autograph.
332
IPSWICH QUARTERLY COURT
[Mar.
Moses Pengry v. Rich. Mercer. Debt. Verdict for plaintiff .*
tained by both, the fence to be completed before the last day of August, 1670.
Robert Morgan, aged seventy years, certified that he appeared at the time appointed with Osmund Traske to rectify these matters between him and Jno. Dodge, waiting almost four hours, but there was no appearance of any other. Sworn, 28 : 1 : 1671, before Wm. Hathorne,t assistant.
Osmund Trasket and John Dodg,t 8 :6 : 1670, bound them- selves to stand by the arbitration, etc. Wit: Robert Morgan t and Samuell Corning.t
William Rayment deposed that after the arbitration, Trask owned a part of the fence and promised to set it up very speed- ily, for he had fenced in the woods already. Sworn in court.
Wm. Dodge, jr., deposed that Osman Trask and Henry Hir- rick, sr., agreed to set up the fence with Robert Hibbard and Wm. Dodge, jr., etc. Sworn in court.
Robbord Hebbord, sr., aged about fifty-five years, deposed concerning the fencing. Sworn, 28 : 1 : 1671, before Wm. Hathorne,f assistant.
Wm. Dodge, aged about thirty years, deposed that concerning the land of Osman Traske adjoining John Doges next the mill, it had been fenced for several years. Sworn in court.
Edmon Grover, aged about seventy years, deposed that Osman Traske said he would not fence between himself and John Dodge, unless the latter would set up a five rail fence, etc. Sworn before Wm. Hathorne.t
Robert Hibbert, aged about fifty-five years, deposed that several times the past summer he saw John Dodge's cattle in his own ground lying in the corn field, his ground being not fenced unto himself and likewise in Osmund Traske's marsh next ad- joining his corn, both lying in the common field. Deponent being constable replevined them a first and second time. Sworn, 28 : 1 : 1671, before Wm. Hathorne,t assistant.
Edward Trask, aged about nineteen years, deposed. Sworn, 28 : 1 : 1671, before Wm. Hathorne,; assistant.
John Knight, aged about forty-eight years, deposed. Sworn, 28 : 1 : 1671, before Wm. Hathorne,t assistant.
John Grover, aged forty-three years, deposed. Sworn, 28 : 1 : 1671, before Wm. Hathorne,f assistant.
Wm. Rayment, aged about thirty-two years, and Wm. Dodg, aged about thirty years, deposed. Sworn in court.
* Writ: Moses Pengry of Ipswich v. Richard Mercer of Haver- hill; debt, to be paid in money and English goods or wheat and Indian; dated Mar. 13, 1670-71; signed by Nath. Saltonstall, t t Autograph.
333
RECORDS AND FILES
1671]
Edmond Bridges v. John Newmarsh. Debt. Verdict for plaintiff; said Bridges was to answer Milton's judgment .*
John Browne v. John Andrews. Debt. For barley to be
for the court; and served by Roger Lanckton,t and Robertt Eyres,t deputy constables of Haverhill, by attachment of mead- ow at Beare meadow and the ox common lot.
Moses Pengry's bill of cost, 1li. 5s. 2d.
Bond of Richard Mercer,t dated Apr. 7, 1669. Wit: Hamill Boswortht and John Pengry.t
* Writ, dated Mar. 20, 1670-71, signed by Hilliard Veren,t for the court, and served by Henery Skerry,f marshal of Salem, by attachment of land near the house of defendant.
Edward Bridges' bill of cost, 2li. 1s. 8d.
John Newmarsh, Dr., 26 : 9 : 1660, to 22 Bo. 1-2 wheat, 5li. 12s. 6d .; 10 Bo. Ind. Corne, 1li. 10s .; Apr., 1662, to an Ax & cheine, 14s .; to soe much of Jno. Goold, Sli. 4s .; to a Bagg, 6s .; total, 16li. 6s. 6dl. Creditor, 9 bu. 1660, By 3 C. of Barr Iron, 3li. 12s .; 14 Bo. Coale, 1li. 12s. 6d.
John Newmarsh certified, 25 : 9 : 1670, that he received of John Goold for the use of Edmond Bridges, jr., 8li. 4s. He fur- ther deposed that Edmond Bridges, jr., told him that he had sold all the land and housing of said Bridges in Topsfield, to Goold, etc. Sworn, 25 : 9 : 1670, before Daniell Denison. Copy made by Hilliard Veren,t cleric.
Daniel Clark deposed that Bridges carried wheat and Indian corn down to John Newmarch about the time that the latter brought iron from said Newmarch. Sworn in court.
Jacob Town deposed. Sworn in court.
Robert Lord, jr., deposed that Christipher Milton gave him an execution to levy upon Edmond Brigis and as he was proceeding to do so, on the way to Topsfield, he met "old father Gould" who told him to go back, for his son John had engaged to pay it. They came to Baker's house and met with John Newmarch who said "how do I know wether my Brother John will pay itt," etc. Sworn in court.
Robert Peares, aged about sixty years, deposed that he was at Boston, 16 : 9 : 1660, when John Newmarch bought 500 weight of iron and half a cauldron of coals, which deponent brought home in his bark, etc. Sworn in court.
John Gould deposed that Edward Bridges ordered him to pay to deponent's brother Numarch the judgment that Cristofer Miltone had against him and he would consider it as part of pay for the house and land that deponent bought of him, etc. Sworn in court.
t Autograph.
334
IPSWICH QUARTERLY COURT
[Mar.
delivered at Capt. Appleton's. Verdict for plaintiff, damages to be paid in malt .*
Robert Crose and John Andrews v. Susanna Jordon. Verdict for plaintiff, the remainder of the 15li. legacies that remain in their hands.t
*Writ, dated Mar. 18, 1670-71, signed by Robert Lord,# for the court, and served by Robert Lord,¿ marshal of Ipswich, by attachment of malt in the hands of Capt. Appleton and Goodman Low.
John Browne and Marthew Browne testified that John An- drews "being at our father's house and sayd to our father what I think is we must go to Law; our father answared him, you know when I asked you for the debt the other day you toold me I should not haue a kearnell under 48 6d pr bushell." He an- swered that he did. Sworn in court.
Bill of cost of John Browne, sr., 1li. 6s. 3d.
John Choat, aged forty-six years, deposed that being at mill when John Brown told him he had sold John Andrews a mare for which he was to receive five pounds in malt, at Mr. Appleton's kill, when Goodman Piper went to the Bay in the spring, etc. Sworn in court.
John Payne testified. Sworn in court.
Samuell Rogers and James Ford deposed that John Andrews, being at the house of Samuell Rogers, ctc. Sworn in court.
John Browne, sr., deposed that in Aug., 1670, he sold a mare and colt, which he delivered to John Andrewes, sr., of Ipswich and to be paid for in barley at Capt. Appleton's malt kill in Ipswich, etc. Mary, wife of said Browne, and Marthah Brownc, daughter, affirmed the same. Sworn in court.
+Writ : Robert Crose, sr., and John Andrews, sr. v. Susana Jordan, widow of Stephen Jordan; for withholding one-half of the goods the late Stephen Jordan bequeathed to them in his will, also some other legacies from said Jordan, under color of an order of Ipswich court and surreptitiously obtained for want of true information in plaintiffs' absence; dated Nov. 29, 1670; signed by Daniel Denison,¿ for the court; and served by Robert Lord,# marshal, by attachment of the household goods of dc- fendant.
Rob. Crose's and John Andruse's bill of cost, 38s. 4d. Grand- father Jorden: account of what was delivered to Newberie whilest he was weak, too Booshelles of Indon Corne, 6s .; a Lardg Red wastcoat, 11s .; five peekes of wheat, 6s. 3d .; three powndes of suger, 2s .; for more, 1s .; Corrantes, 1s. 6d .; too quartters of veale, 5s .; too yeardes & halfe Cloath, 11s. 3d .; charges at Good- man Shortes. 14s .; total, 2li. 18s.
# Autograph.
335
RECORDS AND FILES
1671]
Tho. Wood v. Walter Roper. Appeal from a judgment before Major Genrll. Denison against Walter Roper and Edm. Chap-
"The Jury aprehending the Hounored Court haue declared the will of Steuen Jordan to be good, and yet haue past an act for the widow to hold all ye Estate her life desire to know there determination."
Robt. Crose, John Andrewes and Marshal Lord deposed that after they had arrested her at Neubarie, they demanded what became of the cattle, twenty pounds' worth, which they sent, and she answered that they were disposed of but would not give any account. Her son, who was near by, also said that they were not bound to give any account. Sworn in court.
Letter of attorney, dated 15 : 1 : 1671, from Susan (her mark) Jordent to Capt. William Gerrish and Tristram Coffin of Nubry to appear for her in the action brought by said Crose and Andrews or their wives, etc. Wit: Abraham Toppan* and Abiell Somer- by .*
Anna Crosse, aged twenty-one years, deposed that the mes- sengers that came to their house from Neubarie for cattle were asked by her father if the selectmen sent them and they said they did. Sworn in court.
Copy of the will and inventory of Steephen Jordon made Nov. 12, 1670, by Robert Lord,* recorder.
Tristram Coffin, aged thirty-nine years, and Anthony Somer- by,* aged sixty-one years, deposed that "whereas Stephen Jordan of Newbury being in a very weak condition a long time and not able to supply himself nor wife with things necessary for his so low condition and being in debt & could not pay it complaint being made to the selectmen of Newbury to consider their con- dition for a supply, upon the said complaint the selectmen im- ployed Tristram Coffin abouesaid to go to Ipswich to speak with the said Steuen Jordans two sons in law Rob Crosse & John Andrews to inform them in what condition their father was in the which was done. And within a while after Robt Cross & John Andrews came to Newbury to their fathers house, and we the deponents with others being present, aduiseing with them about a way for a supply for there father, then & there both Robt Crosse & John Andrewes did owne & acknouledg that they had an estate of their fathers in their possession, which their father had giuen them with this prouiso, if he had need of it or did call for it, then they the said Robt Cross & John Andrews was to returne it againe to him, they said they could not tell how much was remaineing in their hands til they came home but what there was remaineing they would returne." Sworn in court.
* Autograph.
t Seal.
336
IPSWICH QUARTERLY COURT
[Mar.
man. Verdict for defendant, confirmation of the former judg- ment .*
*Thomas Woodst reasons of appeal, dated Mar. 22, 1670-71, in a case tried before the Worshipful Major Denison, between himself and Wallter Roper and Edward Chapman, who sued in behalf of Ipswitch town: That they charged him with felling trees without order, but when it came to trial he was charged with cutting firewood. Thomas Lovewell mentioned. He said that he had incurred the displeasure of the craftsmen who stirred up others against him because he did work cheaper than they, etc.
Answer of Walter Roper and Edward Chapman to the appeal: If the appellant had been as good a grammarian as his attorney would be thought to be a lawyer, he would have foreborn his simple cavil, etc .; that he was sued for transgressing a just and necessary order in cutting firewood contrary to law, "what Greater things moued you to Appealle. . . Though you Exs- press not, wee may guess That either your Atturney wanted Imployment or had a mind to shew his great cunning in man- aging a bad cause."
At a town meeting, Feb. 16, 1668, "Whereas order hath beene taken that the number of Inhabitants of this towne might not be increased to the prejudice & damage of the Commoners. Not- withstanding which diuers dwelling houses haue beene built & more intended. It is hereby ordered that no person not ad- mitted & entred as a commoner in this towne shall directly or indirectly make use of any timber, firewood, grass or hearbig growing on any of the Towne Commons, but so doing shall be accounted a trespasser, and for euery tree of one sort or another & also for euery load of wood or brush which he shal take from off the comons, he shal forfeit 20s and if any Comoner or other person shall carry or conuey to any such person any timber or firewood from off the towne Comons he shall forfeit in like man- ner for euery tree 20s and for euery loade of wood 20s. And if any such person not hauing right to Comonage shal putt out of his owne grounds or suffer his cattle, horses sheepe or swine to goe & pasture upon any of the towne Comons, he shal forfeit for euery day his cattle . . shall goe on the towne comons . 28. 6d & it shall be lawful for any person to impound such cattle and shall haue for his paines beside the forfeit abouesd one shilling for each," etc. Copied from the town book by Robert Lord, cleric, and copy made by Daniel Denison.t
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