USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 38
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* Autograph.
375
RECORDS AND FILES
1671]
William Raiment v. James Bette, administrator of the estate of Will. Ellet, deceased. For not giving a full and clear assur- ance of a house and land. Verdict for defendant .*
Mark Hascall v. Edward Berry and Eliza, his wife, executrix of the estate of Roger Hascall, deceased. For refusing to give him possession or withholding his legacy given him by his father's will. Withdrawn.
Edward Berry and Elizabeth, his wife, executrix of the will of Roger Hascall, deceased v. Mark Hascall. Trespass. For
Nathaniell Saltinstone, commissioner. Copy made by Hilliard Veren,t cler.
Daniel Ela deposed that he heard John Godfray say that he abided in Havrhill and that his residence was at Thomas Lil- ford's house. Also deponents knew that he had spent much of his time in Havrhill since he was last in prison at Boston. Fur- ther, hearing a report that Godfray resided at Newbery at the house of Peter Godfray, deponent went there and inquired of said Peter and his wife, who told him that John lived at Havrhill. John Griffing testified the same, and also being the marshal gen- eral's deputy, etc. Sworn, June 24, 1671, before Nath. Salton- stall,t commissioner. Hugh Sherratt and Goodwife Sherratt deposed that they heard Goody Whiticker say that John Godfrey proffered her sheep's wool and cotton wool and also offered to pay her for her time as a witness for him. Sworn, Nov. 29, 1669, before Nathll. Saltonstall, commissioner. Copy made by Tho. Bradbury,f recorder.
*Copy of deed, dated the last of Mar., 1662, James (his mark) Bette, of Wenham, husbandman, and Sarah (her mark) Bette, his wife, to William Rayment of Salem, for 30li., a dwelling house, with an outhouse or hovill, and four acres of land upon which the house stands, being all the land that belongs to said house, together with all the fences, which house was formerly William Ellett's, deceased, lying on Bass river side in Salem toward Wen- ham, bounded by the highway on the east, some land of John Leach's on the north and west and land of Edward Bishop on the south. Wit: John Batcheler and Robert Gowing. Copied from Salem court files by Hilliard Veren,t cleric.
Copy of record of the Salem court, 29 : 9 : 1660, concerning the estate of William Ellet, etc., made by Hilliard Veren, t cleric.
Writ, dated Mar. 29, 1671, signed by Hilliard Veren,t for the court, and served by John Lovett,t constable of Beverly, by attachment of a parcel of land lying in Birch plain between Zakery Herick and the common land.
+Autograph.
376
SALEM QUARTERLY COURT
[June
illegally taking away and withholding a heifer and steer. With- drawn .*
Richard Moore, jr. v. Thomas Davis. For not delivering a bill of lading. Verdict for plaintiff.t
Samuell Blanchard v. Andrew Allen. Review of a judgment obtained against plaintiff at the last Ipswich court. Withdrawn.#
Thomas Cleark v. Samuell Benet. Debt. Forfeiture of a bond. Verdict for plaintiff. Court moderated the bond.§
*Writ, dated 21 : 4 : 1671, for withholding a heifer, steer, clothing and musket from the executrix, signed by Hilliard Veren,|| for the court, and served by Henry Skerry, jr., || deputy marshal, by attachment of the land of defendant.
+Writ, dated June 6, 1671, signed by Jonath. Negus, || for the court, and served by Rich. Wayte, || marshal of Suffolk. Thomas Davis!| and Edward Lilly|| bound.
Bill of cost of Richard More, jr., 1li. 4s. 6d.
John Necke, aged about twenty years, deposed that he being mate of the ketch William and Mary under the command of Richard More, jr., delivered the goods to Thomas Davis by his own order in Barbadoes. Sworn in court.
John Belcher, aged about twenty-two years, deposed that he also was under command of Richard More, jr., etc. Sworn in court.
Copy of Thomas Davis'|| order, dated Feb. 22, 1670, to Mr. Richard More, sr., to deliver to the bearer, Mr. Peeter Swaine, 10 hogsheads, 24 barrells, 6 Kinterkins, 7 hundred barrell staves, 3 hundred of heading, 6 oyster cask, one kegg, one empty barrell and one empty rum caske. Copy made by Hilliard Veren, || clericus. On Feb. 24, 1670, Thomas (his mark) Sinburne re- ceipted for the goods.
Copy of bill of lading, dated Boston, Dec. 9, 1670, of the goods before mentioned, bound for Spike's bay, Barbadus, freight for which was to be paid at the rate of 350 pounds muscovado sugar per tun, the cask and 300 pounds, the staves, headings and hoops, etc. Copy made by Hilliard Veren, || cleric.
¿Androw Alin's bill of cost, 2li. 5s.
§Writ, dated Apr. 5, 1671, signed by Robert Lord,|| for the court, and served by Benjamin Muzzy,!| constable of Boston, by attachment of the dwelling house and salt marsh of defendant.
Copy of Ipswich court record, Mar. 28, 1671, concerning this matter, in which Samuell Bennitt made default.
Writ, dated 28 : 11 : 1670, signed by Jonath. Negus,|| for the court, and served by Benjamin Muzey, || constable of Boston. Bond of Samuell Benett.||
|| Autograph.
377
RECORDS AND FILES
1671]
Samuell Benett's defence: that he could not appear at the last Ipswich court, because "ther was an excessiue raine the day before, that neither my selfe nor my attorny could com in time, it being called the first after-noone of the courts sitting, and ther is a law, that noe person shalbe damnified more then comon charges, in such a case of an exstreeme hand of god that could not be foreseene nor preuented," etc.
Account of Samuell Bennet, from the book of Tho. Clarke in 1658: June 19, for beere and passage, 5d .; 22, for horse meat two nights, 8d .; July 3, for Bere and passage, 5d .; 5, for a quart of bere, 2d .; 9, for entertainment and passage, 1s. 4d .; 10, for wine and bere and 2 pasages, 1s. 6d .; 11, for horse meat and passage, Sd .; 15, for bere and wine and passage, 10d .; 19, for bere, 5d .; August 6, for bere and pasage, 5d .; 25, for a pint of wine, 10d .; 27, more for bere and horse meat and passage, 1s. 6d .; Septem. 24, for horse and passage, 1s .; october 17, for horse meat and passage, 1s. 10d .; 19, half a pint of wine and passag, Sd .; more for entertainment and horse meat, 1s. 10d .; novem. 16, for a quart of wine and horse meat and horse provender, passage and bere, 3s. 2d .; 17, for a pint of wine, 9d .; Nov. 19, for horse meat, 2s .; 24, horse meat and bere, 4d .; Mr. Benet debtor in a paper, 2li. 2s. 4d .; March 3, bere, horse meat and passage, 1s. 2d .; horse meat, 3d .; 10, for entertainment in the house, 5s. 5d .; quart of burnt wine, 2s .; horsemeat, 4d .; quart of beere, 2d .; your son boud being upon your business for horse meat, 4d .; 20, for entertainment, horsemeat and passag, 3s. 4d .; April 6, '59, horse meat, wine and bere, 4s. 6d .; 14, horse meat and entertainment, 3s. 6d .; 27, the same, 2s .; May 27, enter- tainment and pasage, 2s .; 28, for horse meat, 3d .; June 4, bere to your sone, 2d .; June 10, for a quart of burnt wine and five nights your horse and passage, 3s. 10d .; 2 quarts of beer to your sone, 4d .; 26, horse meat and bere, 8d .; 2 quarts of bere to your son Sam, 4d .; July 6, for bere and passage, 5d .; 8, horse meat, 6d .; 11, for 4 quarts of bere and passage, 11d .; 13, a pint of wine and horse meat, 1s. 3d .; 16, horse meat two nights and 2 passages, 1s. 2d .; 2 quarts of bere, 4d .; 25, quart of wine, 1s. 6d .; 30, horse meat and passage, 1s .; entertainment, horse meat and passage, 1s. 5d .; Agust 13, bere and passage, 5d .; quart of wine, horse meat and passage, 3s .; quart of wine, 1s. 10d .; horse meat and passage, 1s. 1d .; Sept. 4, entertainment, horse meat and passage, 2s .; quart of sugared bere, 2d .; 7, entertainment, horse- meat and pasage, 1s. 3d .; taken out of the day book, 1s. 3d .; 14 & 19 & 23, horse meat, passage, etc., 2s. 18d .; Oct. 4 and 15, pint of wine, horse meat and passage, Is. 6d .; passage and horse meat 3 nights, 1s. 3d .; 27, a pint of wine to your son Samuell, 9d .; and to yourself 9d .; 29, horse meat 2 nights and bere, 1s. 10d .; Nov. 4, 26, and Mar. 4, '60, horse meat, bere and passage,
378
SALEM QUARTERLY COURT
[June
Jon. Deverix and Robt. Knight, in behalf of the town of Mar- blehead v. Frances Johnson and Moses Maverick, selectmen in 1663 and 1664. Verdict for defendant .*
Benjamin Lowell v. Capt. William Geerish and Mr. Rich. Lowell, in behalf of themselves and the rest of the overseers who acted as executors of the will of Mrs. Eliza. Lowell, deceased. Verdict for defendant.t
5s. 8d .; the same for your man, Sd .; Apr. 3-May 1, the same, 5s. 2d. In this time for single passages, 52 in all, 13s .; more for bere and entertainment in the time of your Lameness, which was about six weeks, 6li .; court charges at Boston and Ipswich, Ili. 10s .; total, 14li. 18s. Sworn in court.
*Writ: John Devorix, Robert Knight and Samuell Morgaine, in behalf of the town of Marblehead v. Mr. Frances Johnson, Mr. Moses Maverick, Mr. Cristopher Lattamore, Lott Conant and John Codner, selectmen of Marblehead in 1663 and 1664; for withholding 27li. 17s. due the town by their defects; dated June 20, 1671; signed by Hilliard Veren,# for the court; and served by Nathanel Walton,¿ constable of Marblehead.
Richard Rowland, aged sixty years, and Erasomus James, aged thirty-six years, deposed that being at a general town meet- ing at Marblehead, they heard the discussion about the rates which the selectmen had made and the sum of money that they were behind in their accounts. Mr. Moses Maverick solemnly agreed to pay the 27li., which was not much above one-half of what the town demanded, but the town seemed satisfied. Sworn in court.
A meeting was held on June 21, 1667, when the former towns- men rendered their account. The rate for 1664 was 124li. The present townsmen were Robert Knight,¿ John Devrix,# Edmond Gale,# Richard Reed and Samuell Morgan.#
+Writ, dated June 20, 1671, signed by Anthony Somerby,# for the court, and signed by Richard Bartlet,¿ constable of New- bury, by attachment of the dwelling house and land of Capt. William Gerish in Newburey.
At a General Court held at Boston, Oct. 20, 1658, in answer to the petition of Capt. Wmn. Gerrish, one of the overseers of the will of Elizabeth Lowle, who asked that the court would order some means for increase and preservation of the estate for the benefit of the children or that he might be impowered to put it out on the best terms he could secure, taking security of the brother of the children of the said Elizabeth Lowle or others, court judged it meet to grant the request. Copy made by Ed- ward Rawson,# secretary.
# Autograph.
379
RECORDS AND FILES
1671]
Execution, dated 2 : 9 : 1647, against the estate of John Lowle, to satisfy judgment granted Percifall Lowle at Ipswich court, 28 : 7 : 1647, signed by Robert Lord,* marshal, who attached two parcels of meadow, two oxen, two steers, one yearling steer and two calves, also meadow and barley in Rich. Dole's hands.
Benjamine Lowle's bill of cost, 1li. 3s. 6dl.
Copy of Ipswich court record, Sept. 25, 1666, that there was a certificate presented by the elders and six of the inhabitants of Newbury that Benjamin Lowle and Elizabeth Lowle were of age and discretion to receive their portions given them by their father and mother, which was allowed. Copy made, Feb. 18, 1666, by Robert Lord .*
Anthony Somerby* certified that according to the town register of Newbury, Benjamin Lowle, son of John Lowle, was born Sept. 12, 1642, and that Mr. John Lowle deceased July 10, 1647 and Mrs. Elizabeth Lowle died Apr. 23, 1651.
Benjamin Lowle* certified, May 7, 1664, that he had received of his uncle Richard Lowle 43li. 6s. 8d. in full for his legacies left by his father and mother; he also agreed that his said unele should have the half acre of land, provided he pay for what buildings should be made and set up on it in case Benjamin should die or sell the land. Wit: Wm. Gerrish* and Elizabeth Lowle .*
Percival Lowle, aged about thirty years, deposed that he saw Benjamin Lowle sign the acquittance. Sworn, June 26, 1671, before Daniel Denison .* Samuel Lowle deposed the same.
Susanna Tappan, aged about sixty years, deposed that her husband Abraham Tappan bought some goods which were Mrs. Elizabeth Lowle's at her decease, of the overseers, that is, one petticoat, a cradle, mantle and some other things which came to three or four pounds. Also that Tristram Coffin had some pewter which was Mrs. Lowle's. Sworn, June 23, 1671, before Robt. Pike,* commissioner.
Letter of attorney, dated June 24, 1671, given by Richard Lowle* of Newbury to Capt. William Gerrish. Wit: Tristram Coffin* and William Titcomb .*
Copy of will of Elizabeth Lowle, late wife of John Lowle, deceased, dated 17 : 1 : 1650, and proved by the witnesses, George Emery, Peeter Tappan and William Gerish, 30 : 7 : 1651, in Ipswich court: "I giue to my sister Tappine one sute of my weareing lining as one forward cloth one coife one hand kerchiefe, I giue vnto my three sonns in law John Lowle James & Joseph ten shillings a peece; I giue to my sonn Beniamine one siluer cupp & three silver spoones with one third part of the house- hould stuffe; I giue to my daughter Elizabeth all the remainder of my househould stuffe childbed lining and else weareing appar- rell, one silver Tunn, one siluer tipt Jugg, three silver spoones,
* Autograph.
380
SALEM QUARTERLY COURT
[June
one gould ring, one silver bodkin, two deskes, & the rest of my estate equally devided betweene my sonn Beniamine & my daughter Elizabeth, after my debts be satticefied withall funerall charges & else, I will that my Brother Thomas Millard, keepe my sonn Beniamin and his estate untill he goe forth to be an apprentice, & then to be plact fourth as my Overseers thinke fitt I desire my foure Bretheren to be my overseers namely my Brother|| Thomas Millard|| Rich: Lowle, Abraham Tappine and William Gerish desireing them to see my daughter Elizabeth be brought up to her needle & what elce they Judge meete and to dispose of her, as I desire to such as are Godlye and meet to instruct my child in the feare of god In wittnes hearof I haue put my hand this 10th first month 1650 I will that if my sonn & daughter dye ere they come to age that then there portions be devided betweene my husbands children John Lowle and James & Ben Mary & Peeter Lowle." Copy from the first book of records, folio 118 and 119, made Apr. 15, 1664, by Robert Lord,* recorder.
Inventory of the goods of Elizabeth Lowle, widow, taken 6 mo. 1651, and allowed 30 : 7 : 1651, in Ipswich court: Plate, 9li. 15s .; 4 rings, 24s .; a lane cubbord cloth & an croscloth, 1li. 2s .; table cloth & 18 handkercifes, 2li. 5s .; 1 cubbord eloth and holland pillowbeers, Ili. 17s .; 12 pillowbeers, 1 shift, napkins & table cloth, 3li. 4s .; 7 aprons, 6 napkins, 1 table cloth, Ili. 8s .; 8 Towells, 2 pillowbeers, 3 wastkoats, two napkins, 1li. 12s. 8d .; 3 pillow beers, 6 diap. napkins, 1li. 6s .; 2 napkins, 2s. 6d., 1-2 a table cloth and 1-2 a towell, 1li. 5s .; 1 cubbord cloth, 20 napkins, 1 paire sheetes, 1li. 16s .; 1 cushon & 1 cubbard cloth, 1li. 12s. 6d .; 2 greene aprons, 1 muffe, 1li. 10s .; 4 Gownes, blanketts & 1 pann, 7li. 16s .; small things in Iron, 13s. Sd., 1 bearing cloth, 1li. 3s. 8d .; 1 white cloake, 6s. 8d., 1 red blankett, 4s., 10s. Sd .; 1 pr. wrought vallents, 2li. 10s .; 1 wrought cubberd cloath, Ili. 10s .; 2 greene curtaines, 1 rydeing sute, 2li. 15s .; small things, 2li. 10s .; debts, 98li. 7d .; total, 146li. 13s. 1d. Copy made Apr. 15, 1664, by Robert Lord,* recorder.
Judath Coffin testified that her former husband Henery Sumer- by bought five pewter platters, a mortar and two blankets, which with other things amounted to about five pounds. She could not remember of whom he bought the goods, but thought it was of Mr. Thomas Miller, and understood that they had belonged to Mrs. Loell, mother of Benjemen Loell. The platters were marked thus: IL, IML, IEG, IEG and IG. Sworn June 23, 1671, before Robt. Pike,* commissioner.
Abraham Toppon deposed that he bought goods of Mrs. Elisa- beth Lowle at her decease, "a mowhayre petticote and a cradell and a mantell," etc., which amounted to 4li. He further testi- fied that his sister Lowle was possessed of a "turkish or tapstrey
Autograph.
381
RECORDS AND FILES
1671]
Pecter Tappan v. Mr. Joseph Hill. For injury done him by said Hill. Withdrawn .*
Abraham Tappan v. Peeter Tappan. For trespasses forcibly committed by him and others upon said Abraham's land. With- drawn.t
Couerled," which she heard that Mr. Payne bought and gave five or six pounds for it. Also his sister Lowle had cows at the house of Goodman Lunt, and that Mr. George Emery of Salem had a feather bed and other things belonging to her to the amount of Sli. Sworn in court.
Samuell Plumer, aged fifty-two years, deposed that he bought a parcel of childbed linen, two pillow beers and a pillow, to the value of 5li., and paid interest for it to Mr. Richard Lowell for some years according to a bill given by his hand. Also that there was to be sold at Mr. Thomas Miller's a tapestry coverlet valued at four or five pounds, with a eubbard cloth and valance, which he had bought, but released them. Sworn, June 23, 1671, before Robt. Pike,į commissioner.
Receipt of Benjamin Lowlet to Richard Lowle for his legacies.
An Hill, aged about fifty years, deposed that her husband Henry Lunt paid Mr. Miller at the rate of 20s. per year each for three or four cows of Mrs. Elizabeth Lowle's. Also that deponent bought a spit, an iron piek, some napkins and small pewter dishes to the value of about forty shillings. For these her husband gave a bill for six pounds for which he paid to Mr. and Mrs. Miller "use" for five or six years. Sworn, June 23, 1671, before Robt. Pike,¿ commissioner.
Tristram Coffin, aged thirty-nine years, deposed that he paid Mr. Richard Lowell Sli. sterling for the debt which Hennory Somerby, his wife's former husband owed, etc. Sworn in court.
*Writ: Peter Tappan v. Mr. Joseph Hills of Newbury; for injury done him about the beginning of April last, coming with his father and brother Jacob into the field to said Tappan, giving him provoking words, as "saucie Jack & Jackanapes," charging him with being a rebellious son and that "the Rauens of the vally would put out his eyes & stirred up his father to beat him out of the feild & encouraged his brother Jacob in some violent actions, so that he was an Instrument to make the breach greater;" dated June 21, 1671; signed by Anthony Somerby,# for the court; and served by Richard Bartlet,¿ constable of Newbury.
¡Writ: Abraham Tappan v. Peter Tappan, his son: for sundry trespasses by said Peter and others by plowing, sowing, removing bound marks, etc., challenging the said lands with other adjoining lands to be his own, rendering right and title to his inheritance to be litigious and uncertain; dated Apr. 8, 1671;
# Autograph.
382
SALEM QUARTERLY COURT
[June
Abraham Tappan v. Peeter Tappan. For withholding 100li. due plaintiff for work, disbursements, etc. Withdrawn .*
Abraham Tappan v. Peeter Tappan and Jane his wife. Slander or defamation. Withdrawn.t
Benjamin Procter v. Joseph Weeden. Debt. Defendant acknowledged judgment to plaintiff to be paid in money.}
signed by Anthony Somerby,§ for the court; and served by Richard Barttlett,§ constable of Newbury.
*Writ, dated June 16, 1671, signed by Anthony Somerby, § for the court, and served by Richard Bartlet, § constable of New- bury, by attachment of the dwelling house of said Peter in New- bury.
¡Writ: Abraham Tappan v. Peter Tappan and Jane, his wife; slander or defamation, in saying that said Abraham, his father, with his mother and his brother Jacob, had sold and killed many sheep that were not their own, tending to make his father and mother liars and thieves and his father like Laban, which words were spoken with much arrogancy; dated June 16, 1671; signed by Anthony Somerby,§ for the court; and served by Richard Bartlet,§ constable of Newbury.
Abraham Toppan, sr.,§ certified, Dec. 9, 1670, that he had received of his son Jacob Toppan 6li. 3s. for the use of his son Isack, which sum "my son Isack received of George March at new Jersey, & heare payde it againe to his father Hugh march, wch sum is in pte of a legacy that my son Jacob is to pay before or after my death."
Abraham Toppan, sr.,§ certified, Dec. 29, 1671, that he had received of his son Jacob Toppan 6li. for the use of "my son Isack Toppan wch sum my son Isack had in a meare he had of daniell Murrill wch sum is in pt of a legasey that my son Jacob is to pay before or after my death." The mare was delivered to his son Isack on Oct. 6, 1671, and "he did ride on her to New Jersey."
Peter (his mark) Godfrey, aged about forty years, Thomas Lowle,§ aged about twenty years, Abraham Tappen,§ aged about thirty years, and John Tappan, aged about twenty years, deposed June 15, 1671, that Peter Tappan and Jane his wife, being in discourse with their father and mother and brother Jacob Tap- pan, about June 5, 1671, accused them, etc.
#Writ, dated May 4, 1671, for a debt of 10s. for a horse, signed by Robert Lord,§ for the court, and served by Robert Lord,§ marshal of Ipswich, by attachment of a shop in Boston, belonging to defendant.
§ Autograph.
383
RECORDS AND FILES
1671]
Joseph Armitage, assignee of Samll. Benet v. Mr. John Bex & Co. and Mr. John Gifford, agent. Review. Verdict for defend- ant. Appealed to the next Court of Assistants .*
Daniell Salmon v. The Town of Lyn. For a lot or proportion of land in Lyn. Verdict for defendant.t
*Writ, dated June 21, 1671, signed by John Fuller, for the court, and served by Moses Chadwell,¿ constable of Lynn, by attachment of the house and land of Mr. John Jeffard.
Copy of Ipswich court record of Mar. 28, 1671, together with writ, depositions, etc. in the case, made, June 24, 1671, before Robert Lord,# cleric.
John Paule, aged about forty-five years, deposed that he lived with Mr. Samuell Benett about the time that the Iron works were seized by Capt. Savagg in 1653, for "I liued ther seuerall years and my constant imployment was to repaire carts, coale carts mine carts & other working materialls for his teemes for he kept 4 or 5 teemes & sometimes 6 teemes & he had the most teemes the last yeare of the Iron-works when they were seased & my master Benett did yearly vearne a vast som from the sd Iron-works for he commonly yearned forty or fifty shillings a daye for the somer time & the year 53 as aforesaid he had fiue or six temes goeing generally euery faire daye." Sworn, 27 : 4 : 1671, before Wm. Hathorne,# assistant.
¡Writ: Daniel Salmon v. The Town of Lyn; for a proportion of land in Lyn, he having been an inhabitant of Lyn nearly forty years and never had a foot of land given him, also having been at the Pequot wars, without recompence for it, although the town at town meeting promised to grant him land in satisfaction; dated May 25, 1671; signed by Moses Mavericke,# for the court; and served by Ralph King,¿ constable of Lynn, by attachment of six acres of Lyne common lying near Goodman Baily and Daniell Salmon. The constable left a summons with Thomas Farrar, one of the selectmen of Lynn.
Copy of the record of a general town meeting in Lynn, Dec. 13, 1661: "upon a request of Daniell Salmon for some land in regard as he was a soldier att the Pequid warrs &e it was ordered by vote yt Ensign John Fuller Allen Bread Senior & Richard Johnson should vew the lande adjoyninge to his house lott and to giue report of it vnto the next Towne meetinge and the same psons were ordered to looke vpon Thomas Townsends fence next ye Brooke vpon his request, and to informe the Towne next meetinge." Copy made at Lyn, 27 : 4 : 1671, by Thomas Laughton,# cleric.
John Hathorne, aged about forty-nine years, and Joseph Armitage deposed. Sworn in court.
#Autograph.
384
SALEM QUARTERLY COURT
[June
Mr. William Browne, jr. and Mr. John Corwin, partners v. David Joanes. Debt. Verdict for plaintiff. Defendant having gone out of the jurisdiction, judgment was respitted .*
Robt. Goodell v. Gartrid Pope. For withholding or molesting, mowing and carrying away the hay on a parcel of meadow. Withdrawn.t
Mr. John Ruck, administrator of the estate of Tho. Ruck, deceased v. Joseph Armitage. Debt. Verdict for plaintiff.}
Alin Bread, sr., aged seventy years, and John Fuller, aged fifty years, deposed that the committee reported to the town that the grant to Daniel Salmon could not be made because it would be very prejudicial to several neighbors.
*Writ, dated June 7, 1671, signed by Jonath. Negus,§ for the court, and served by Rich. Wayte,§ marshal of Suffolk, by attachment of goods of defendant's in the hands of Mr. John Freeck in Boston.
Mr. David Jones' account, dated St. Christopher's Island, Dec. 10, 1665, due to Mr. William Browne, jr., & Co., of Salem, merchants: to 10 Barrells of Beare at 15li. Indico p Barl., 150li. Indico; to 1 Barrell wch. wanted of Being Full of Beare & 1 gallr. more, 10li. Indico; to 32li. Fish att 2 ounce Indico p li., 4li. Indico; total, 164li. Indico. Per Contra Credr., 19 3-4 Indico; cash received, 12li. Indico; 1 gr. paper, 1-2li. Indico, 3 qt. Beare, 3-4li. Indico; total, 33li. Indico. Balance, 131li. Indico. Receipted by John Hathorne.§ Sworn in court.
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