USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 41
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Accounts of bills due to Mr. Croad by divers in Newfound-
403
RECORDS AND FILES
1671]
Waiborough Gatchell was cleared of her bond for good be- havior.
land: Barthollmew Caynes, 125li. 4s. 8d .; Mr. Jno. Horton, 44li. 19s. 2d .; Henry Codner, 33li. 4s .; Tho. Ganson, 11li. 14s. 7d .; Ezekiel Minter, 5li .; Tho. Lowrey, 27li. 17s .; Tho. Penny, 4li. 14s. 6d .; Wm. Rixon, 24li. 4s. 6d .; Major Spry, 36li .; Trus- trum Dodge, 2li. 15s .; George Kocke, 50 li. 15s .; Wm. Pike, 3li. 16s .; Wm. Taverner, S1li. 1s. 1d .; James Thomas, 70li. 12s. 11d .; John and Tho. Hibbs, 36li. 5s. 4d .; Tho. Brenson, 15li. 3s. 6d .; Hugh Chamberlane, 27li. 15s. 6d .; Wm. Daves, jr., 94li. 2s. 5d .; Christopher Browning, 1li. 10s .; Tho. Brookes, 14li. 7s. 3d .; Mr. Jno. Treworgy, 300li .; Walter Taylor, 12li .; Edward Hor- ton, 6li. 16s .; Richard Maynard, 20li .; Edward Speare, 6li. 13s. 4d .; total, 996li. 17s. 3d.
More by severall bills taken in Mr. John Parthridge's name, yet due by severall in ye N. foundland & do: belong to Mr. Croad: By Wm. Daves, sr., 227li. 13s. 6d .; Henry Pyn, 119li. 11s. 11d .; George Piersey, 13li. 16s. 7 1-2d .; John Petton, 40li. 5s. 2d .; Thomas Fortune, 8li. 19s. 2d .; Edward Horton, 97li. 6s. 5d .; more by Robt. Shelton of Bay Robberts, 28li. 19s. 10d .; total, 1533li. 9s. 10 1-2d. Grand total, 5465li. 2 1-2d.
Due by him: To Benjamin Tillman, 1li. 2s. 9d .; Mr. Jer. Hubbard, 2s. 3d .; Richard Squire, Sli. 6s. 8d .; Mr. Bowd, 5li. 16s. 6d .; widdow Canterbury, 4s. 1d .; Mrs. Walton, 2li. 13s. 6d .; Tho. Putman, 19s. 4d .; Wm. Nick, 7li. 11s .; Tho. Barns, 1li. 10s. 5d .; John Tompkins, 10s. 5d .; Edward Counter, 8s. 10d .; Capt. Tho. Clarke, 69li. 3d .; Samuel Allen, 2s .; Daniell Rumball, 3li. 6s .; Mr. Joliff, 16s. 5d .; Edw. Gaskin, 2s .; Mr. Lawrence Hamon, 25li. 12s. 10d .; Mr. John Cole, - -; Mr. Rob. Bendish, 120li. 8s. 8d .; Arthur Sanden, 16s. 4d .; Mr. Henry Shrimpton, 253li. 3s. 8d .; Henry West, 3s. 4d .; John Eala, Ss .; Mr. Newman, 12li .; Sergeant Stillson, 2li. 6s. 6d .; Randall Nicholls, 2li .; Richard Croad, 17li. 7s. 9d., and also as bound to Mr. Rob. Cossens in England as surety for Mr. Croad, 61li. 11s. 4d .; Mr. James Brice, 38li. 4s. 2d .; Mr. Pembleton, 92li. 13s. 4d .; Barth. Gidney, 8s .; Mr. Jno. Gidney, sr., 19li. 11s. 2d .; Daniell Rumball, 1li. 17s .; Christopr. Nicke, 2li. 7s .; Jno. Lake of Boston, 18li. 9s. Sd .; Mr. Deane, 13li. 17s. 10d .; Mr. Eliazer Hathorne, 15s. 3d .; Gabriel Parker, 3li. Ss .; Wm. Curtis, 7li. 10s .; George Baker, 1li. 11s. 6d .; John King, 2li. 6s. 6d .; Mr. Wm. Barthollmew, 71li. 14s. 3d .; Joseph Hardy, 9s .; Mr. Russell, 11s. 10d .; Mr. Prince, 14s. 8d .; Mr. Richd. Wharton, 2li. 2s .; Mr. Rob. Tyson, 181li. 6s. 8d .; Capt. Corwin, 16s. 11d .; Mr. John Haysom, S4li. Ss .; Capt. Gerrish, 39li. 5s. 4d .; Coll. Wm. Watts, 18li. 7s .; Mr. Crumwell, 6li .; Mr. Humber, 2li. 3s. 7d .; John Bartlet, 2li. 12s. Sd .; Mr. John Hull of Boston, 337li. 3s .; total. 1549li. 7s. 2d.
404
SALEM QUARTERLY COURT
[June
Mr. Lacooster, for throwing ballast overboard in the channel in Salem harbor contrary to law, was fined .*
Joseph Armitage appealed to the next Court of Assistants. Joseph Armitage and Samuell Benet bound.
Peeter Harvey and Hana Gilbert were ordered to be whipped for fornication.
Willt and inventory of Richard Dodge, deceased, were proved and allowed.
*Warrant, dated 31 : 8 : 1670, for Mr. Richards and John Lacouter, and as witnesses, Mr. Wells, Hiliard Veren, sr., and John Price, signed by Wm. Hathorne,# assistant, and served by Henery Skerry,¿ marshal of Salem, who also warned one John Tallen to appear, and who appointed Hilliard Veren, sr.,¿ his deputy to warn Mr. Wells.
Nicholas Chackwell, aged twenty-seven years, deposed that being aboard John Taly's vessel riding near to a Jerzy ketch, which was Mr. Lacooster's, in the morning in last September, saw heaved out of the said Lacooster's vessel into the channel something that looked like ballast. Sworn in court.
John Gardnert and Mathew Bartont certified that there were several heaps of limestones lying in the South river of Salem in the usual place of graving for vessels, near Mr. Joseph Grafton's house, which would much endanger any vessel coming ashore upon them.
+Will of Richard (his mark) Dodge, sr.§ of Beverle, dated 14 : 9 : 1670: "Impr. I giue vnto my wife Edeth one Mare two milke cowes two ewe sheepe and halfe my houshold goods as it shall be equally diuided by indifferent men between her and my executors also These to be her owne absolutely also I giue her the sole and proper use of the parlour and chamber ouer it in my now dwelling house together with the free use of the garden out houses kitchings ouen well seller and yeards as shee hath occasion also my will that imediately vppon the proveing of this my will my executors shall pay her eight pounds in such prouision as she shall demand for her present use and thence- forthe eight pound a yeare during her life further my will is that my executors shall prouide for the summering and wintering of the aboue sayd Mare cowes and sheepe vppon my farme during the time of her widdowhood together with her firewood at the doore fitted for the fire It I giue vnto my son Richard Dodge all that vpland and meadow he is now posseoar of lyeing at long- ham bridge to him and his heires for euer he payeng to my wife forty shillings p annum during her life in consideration of her thirds.
# Autograph.
§ Seal.
405
RECORDS AND FILES
1671]
"It I giue vnto my son Samuell that land he now liueth on that was bouglit of William Goodhew to him and his heires for euer he paying to my wife in consideration of her thirds fortie shillings p annum during her life.
"It I giue vnto my son John Dodge all that vpland and mead- ow of which he is now possesed being diuided by a line agreed on begininge at a stump in the corn feeld and so running vnto an heape of stones at the vpper end of the same land he paying vnto my wife in consideration of her thirds forti shillings p annum during her life also I giue vnto my son John twentie pound to be payd by my executors And whereas I haue land in England let to my brother Michael Dodge for foure pound p anum I doe hereby acquitt my brother from all dues and demands concern- inge the saide rent during my life but after my disease I giue and bequeathe to my wife and my son John the said rent to be annually paid them during the said lifes according to the tenure of the lease I giue vnto my daughter Mary Herrick one ewe hauing giuen her portion all ready also I giue vnto my daughter Mary Hericks fiue daughters fifty shillings a piece to be paid to each of them at there day of mariage or one and twentie yeares of age in case any of them die the portions to be divided equally amongst them that shall surviue that is to say if they die before they come to yeares or married.
"I giue my daughter Sarah fiue pound hauing had her portion allready which fiue pound is to be paid in two yeare after my disease also I giue vnto my daughter Sarahs daughter fiue pound to be paid here at her mariage or one and twentie yeares of age in case the child die before that time to returne to be payd to her mother.
"I giue vnto my sons Edward and Joseph all the rest of my estate not aboue disposed of to be equally diuided between them and doe appoint these my two sons ioynt executors of this my last will and testament and doe appoint my Broth. William Dodge sent and Mr Henery Bartholmew sent of Salem ouerseers of of this my last will and for there paynes herein I giue vnto each of them twenty shillings a piece." Wit: Isack Hull* and William Dodge, jr .*
"These are further to declare That wheras the Executors in the will of theire Father Richard dodge deceased have all the landes and Estate by theire late Father left Bequeathed vnto them as Executors after what is given and bequeathed expresly in the sd will yet we the Executores and Subscribers upon good and serious considerationes and for the continuence of love and peace to and in the Family and among so neare relationes have freely and willingly agreed and doe p these presentes agree that our Eldest Brother John dodge shall enioy to himselfe his heires and Assignes for ever all that land the which lieth about the
* Autograph.
406
SALEM QUARTERLY COURT
[June
Will * and inventory of John Thornedik were proved and allowed.
Sawmill built by our sd Brother being about four score acres be it more or less also five acres of medow on that syde of Long Hamn brooke on which our sd Brothers house standeth: also four acres of medow at the uper end of the medow called Flagye medow: and one acre of salt marsh part of three acres lyeing on an Iland within mr Cogswells Farme and bought by our late Father in his lifetyme of m" John Cogswell." Signed, June 29, 1671, by Edward (his mark) Dodge and Joseph Dodge.t Wit: William Bartholmewt and Henry Bartholmew.t
Inventory of the "estate of Richard Dodg, sr., of Beaverle, diseased the 27 of June 71," apprasied by Captaine Thomas Lawthropp and John Rayment :; Money, 12li .; wearing apparrell, 10li .; Two hatts, 1li .; Two musketts, two swords and Bandeleres, 4li .; A bed and bed steed, the furniture belonging to it, 11li .; A bed and bedsteed, bolster, coverled and foure pare of sheetes, 13li. 10s .; Twelve yeards of dowles, shooes and stockins, 3li .; Linnen Cloth some small Pillobyes, 10li. 10s .; Woollen cloth, 4li .; Seaven Blanketts, one rugg, 5li. 5s .; more in bedding, 9li .; peuter, 3li .; Brasse, 3li. 10s .; Two Iron potts, an Iron kettle and skillet, hakes and hangers, 3li .; Earthen dishes and foure glasse bottles, 1li .; A Cubbard, one table, six ioyne stooles, Chaires and chests with a litle box, 5li .; tubs and other lumber, 1li. 10s .; Grindeng stone, 10s .; A pare of Stillards, 1li. 5s .; Iron tooles, 2li .; bibles and other bookes, 1li. 10s .; one horse, 5li. 10s .; one mare, 6li .; one horse, 4li .; three horses, 9li .; a Colt a yeare old, 1li. 10s .; Three oxen, 18li .; two Steares, 9li .; one Bull, 2li. 10s .; Twelve Cowes, one heifer, 50li .; Six yearelings, 7li .; Thirty sheepe and twenty lambs, 20li .; Sixteene swine, 20li .; foure Chains and a timber Chaine, 2li .; Yokes, sheares, and Culters, wheighnes and wheeles, 4li .; his Dwelling house, barne and other out houses, orchards with the land and meadow belong- ing to it, 1,000li .; the land that his son John lives uppon, 120 acres, 180li .; Richard Dodge his son, 50 acres, 160li .; Samuell Dodg his son, six score acres, 160li .; total, 1,764li. 2d.
* Will of John Thorndike,¿ "being by Gods mercy purposed to goe this yeare to England," dated July 29, 1668, and allowed in court upon oath of Capt. Thomas Lothrop: "Imprimis in regard my eldest daughter Anne Thorndike hath bene for these inany ycares soe much ouercome with melancholy and is growen soe deepely Distemperd thereby that hir understanding is soe much besotted and stupifyed that without Gods great mercy & extraordin[ary] meanes used hopeles euer to act in the world to Gods honor and hir owne Comfort and liuelyhood as allso
t Autograph.
# Autograph and seal.
407
RECORDS AND FILES
1671]
entending my estate upon which I now liue vnto my sonne Paule Thorndike after my death doe giue & bequeath vnto him my house & land meadowes, barne orchyard and all the apperten- anses belonging vnto the same as allso the meadow I bought of John Leach lying by wenham pond in Consideracion that he take upon him the Charge maintenans and tuition of this my aforesaid Daughter Ann Thorndike as allso to for her recouery but after hir death to become his owne To his heires foreuer.
"2ly if I the said John Thorndike the Lord shold be pleased to Continue my life and shold think fit to Continue returne into this Country agein I doe give unto my sonne Paule Thorndike 30 akers of land comonly called Sawyers plain & the meadow adioyning to the land Called the flaggy meadow as allso my meadow at Topsfeild likewise thirty pounds to be taken out of household stuffe stocke of Cattle besides all the encrease of the Cattle improvement of the land that he shall in my absens to him & to his heires for euer. 3ly I doe giue & bequeath unto my Daughter Mary Thorndike to be payd hir before my depar- ture fifety poundes in manner & forme following vizt 3 Cowes & one heifer goeing 3 yeares old one payr of oxen one horse & one mayre one featherbed & bolster one Irish Rugge & payr of blanketts & what shall remane wanting of the aforesaid some of 50li to be made vp in household stuffe or otherwise according to further Consideracion & order taken therein 4ly whereas I Doe entende my two youngest Daughters Alice & Martha Thorn- dike shall accompany me into England and if that Gods prouidens shale soe order that they doe not enioy theyr healthe there or by other Casualtyes or distress or doe thinke fit to returne into this Country agen I doe giue & bequeath vnto my said two daughters all my land laying & adioyning beauer pond as allso the meadow adioyning unto the said pond being according unto my Computation nere 100 akers as allso if my selfe Dye & Depart this life then I Doe engage theyr brother Paule Thorndike to pay vnto his said two sisters twenty poundes besides the said Land || Corne or Cattle || according to the value of the Corne prized here within one yeare after theyr arriuall here but & if one my Daughters shold returne hither then my sonne paying vnto that sister that shall retourne 50li within a yeare after hir arival & the said land & meadow to remain vnto my sonne to him & to his heires for euer lastly to the better ouerseeing & accomplishment of this my will & Testament I Doe entreat my worthy frend Capt Thomas Lowthorp as allso my two sonnes in law John Procter & John Low & first if in Case my sonne Paul Thorndike shold dye before my daughter Anne Thorndike then I Doe giue vnto them full power and authority to make prouision out of this my estate for the maintenans & tender Care of this my Daughter according to theyr wisedomes & the
408
SALEM QUARTERLY COURT
[June
Lord shall please vouchsafe meanes 2ly if after my Departure my said Daughter shold grow into a greater distemper either of settichnes or prensie, then to take Care to place hir wth some Discreete person, to use meanes [faded] maintenans or further what otherwayes my sonne himselfe may doe w[ith! theyr appro- bacion I Doe Consent vnto. lastly if any furthere Discord may arise concerning any Clause in this my said will between persons included in it I doe entreat them to determine namely my worthy freind Capt. Thomas Lowthorp my sonne in law John Procter & John Low." Wit: John Hill* and John Black .*
Mr. Paul Thornedike was appointed on 2 : 10 : 1670, as admin- instrator of the estate of his father, and was ordered to bring in an inventory, as attested by Hilliard Veren,* cleric.
Capt. Lothrop made oath in court, that the following was written by Jno. Thorndike on July 27, 1668, and left in his hands, as an explanation of the will: "Concerning my Daughter Marye I haue giuen vnto hir 50li I do assigne vnto hir the Cow Called Browne & Cherry & blacke or Smugg & the heifer goeing 3 years old in all 3 Cowes & a heifer wch I value at 14li. 10s .; the young oxen I bought of Thomas Pache, 10li .; one horse & one mare, 10li .; the feather bed & bolster in the parlour and money, 11li. I doe apoint unto hir one Roume in the house the parlour or the Chamber & desire she may not Remoue elcewhere & would haue hir brother hir 2 Cowes but if she shold remoue I doe giue vnto hir the second best hog fatted as alsso 10 bu: of Corn & 2 bu: of malt to furnish hir with hir prouision for I Desire not she shold not be Constreined to goe to seruis allso I Doe giue vnto hir halfe of the flax Dressed out, the last yeare & some part of that growing this yeare allso 30li of Cotton wool & a large peuter Dishe giuen vnto hir by hir mother
"if I retourne not hither agein I Doe giue vnto my son Procter the Copper & triuet he hath of mine wth a little Iron pot & a spring Locke to set vpon a dore I Doe giue vnto my sonn Low a heefer of a year old 30li of Cotten wool & a small chest standing in the parlour allso 3 yds of ks if I can whereas I haue made prouision in my will concerning my daughter Anne that is if she shold grow into a worse Condicion after my Departure then I Doe agein comend hir Condicion vnto the Care & Charity of the ouerseers of my said will to entreat them to place hir wth some frend & Discreete pson & that she be maintained out of my estate & that my sonne furnish hir wth bedding where she may be placed."
Inventory of the estate of Mr. John Thorndike, which he left in New England, appraised June 29, 1671, by Tho. Lowthropp* and Richard (his mark) Brackenbury: One dwelling house, barn, orchard and 60 acres of land, 250li .; four score acres of land at Beaver pond and 10 acres of meadow, SOli .; thirty acres
*Autograph.
409
RECORDS AND FILES
1671]
Will* and inventory of John Aslett were proved and allowed.
of land called Sawyer's plaine, 60li .; seaven acres 3-4 of meadow lying by wenham pond, 35li .; three acres of meadow at a place called the old houses, 12li .; two acres of salt marsh at home, 15li .; one hors, two mares and two young Colts, 20li .; four oxen, six Cowes, one heifer and six young Cattell, 58li .; two feather beds and one flock bed with their appurtenances, 22li .; in brass, Iron and pewter, tables, chairs, stooles and other lum- ber, 10li .; cart plows and plowtackling, axes and other tooles, 5li .; three acres of meadow at Topsfield, 1li .; total, 577li. Allowed in court upon oath of Paule Thorndike.
* Will of John (his mark) Aslet, dated 15 :3 : 1671, and proved by Allexander Sessions: "Imprimis, I giue to my wife my now dwelling house, hortyard & lands that are in improuemt, with al the houshold goods, and cattle to haue and possesse during her natural life, & as much meadow as my sd wife shal stand in need of: It: I giue to my sonne John ye Ground behind the pond to haue at Twenty one yeers of age if he like not to liue wth his mother It: I giue to him the two yeere coult: & the bulrushy meadow, & woodchock meadow: And after my wives decease my wil is that my sonne John should haue my house & al other my lands & meadows with al ye priveledges belonging to them. Further I giue to my sonne John two payre of plough irons & two chaynes the Timber chaine for one & a payre of stock bands, a payre of Boxes & Two gunns these I will him to haue when he comes at age.
"It: To all my daughters I giue Twenty pounds a Peece to be payd at their marriage, and what ever else to be giuen to them I shal leaue to my wife. It: I make my wife Rebeccah my sole exectrix, leauing al my moovable goods to her disposing, paying my debts, & bringing my body to ye ground." Wit: Francis Danej and Alexander Sessions.f
Inventory of the estate of John Aslite, deceased June 12, 1671. appraised by John Frie, t Richard Barkert and Nathan Parker:t Howsing, 30li .; 4 beds & bedding, 30li .; wearing aparrell, 10li .; woollen cloth, 4li .; houshold linnon, 10li .; brase and Iron pott sand kittles, with other small necessaries, 6li .; peuter, 2li .; 1 musket, 2 fowling peeces, 1 sword, 4li .; varne, 1li. 10s .; bacon, 2li .; corne, 5li .; chests and boxes, lli .; saddle, bridle and pillion, 1li. 18s .; 3 axes, 3 wedges, 1 saw, 18s .; trammell spitt and fire pan, 14s .; sithes and sickles, forkes, 1li .; woole and flax, 1li. 8s .; warming pan, 10s .; sacks, 12s .; serg, 2li. 10s .; S working cattle, 36li .; 6 Cows, 24li .; 4 young cattle, Sli .; 3 calves, 2li .; horses, 13li .; sheepe, Sli .; swine, 14li .; cart, plows, chaines and all tackling, 10li .; in broke upland, 60li .; orchards and pasture,
+ Autograph.
410
SALEM QUARTERLY COURT
[June
John Gally, John Black, Hen. Baily, John Woodberye, Thomas Patch and Tristrum Coffin took the oath of freemen.
Samuell Hart dying intestate, an inventory * of his estate, amounting to 4li. clear estate, was brought in and allowed.
Fined by the Worshipful Major William Hathorne:
On 10 mo. 1670, Jacob Pudeater's wife, for drunkenness.
On 3 : 11 : 1670, Phillip Newell, for drunkenness; John Bodin, for not assisting the constable; Phillip Randy, for laying hands on the constable.
On 20 : 11 : 1670, John Chard, Tho. Smith, Nicholas Chadwell and John Harris, for refusing to obey the constable.
On 20 : 12 : 1670, James Powlin, for shooting a gun in the night. On 13 : 1 : 1671, Andrew Elliot, for excessive drinking; Wm. Dodge "of Cocor" for laying hands on the constable.
On 14 : 1 : 1671, the wife of Jon. Mason, for being drunk a third time.
On 20 : 1 : 1671, Tho. Maule and Edward Scawell, for breach of the peace.
On 8 : 3 : 1671, Nathaniell Hunn, for breach of peace; Jno. Petherick, for being drunk the second time.
On 15 : 3 : 1671, Wm. Cock, for resisting the constable in his office.
On 23 : 3 : 1671, Christopher Roaper, for excessive drinking ; Jno. Mason's wife, for breach of the peace; George Emorye, for being drunk the third time.
40li .; corne upon the ground, 24li .; meddow, 52li .; Land Lying in the Common, 65li. 10s .; bees, 2li .; debts, 3li .; in desperate debts, 6li .; 1 horse upon adventure to the Barbados if pay re- turn, 20li. "John Asselbee oweth in debts aboute Sli."
* Inventory of the estate of Samuel Hart, lately deceased, at sea, appraised, Apr. 27, 1671, by Edmond Bridges and Richard Croade: His Chest, hatt & wearing Apparrell, 2li. 10s .; A looke- ing glass, 2s. 6d .; mare and colt, 4li .; his wages and an Adventure 10li. 6s. 9d .; debt due to him from Addam Westgate for a months wages, 1li. 16s .; total, 18li. 15s. 3d. Debts owed by him: To Mr. Wm. Browne, sr., 1li. 13s. 8d .; Willm. Flint, 1li. 19s .; Mr. Willm. Browne, jr., 5s. 6d .; Edward Flint, 6li .; Jonathan Hart, 4li. 10s .; Samuel Pitman, 4s. 9d .; Thomas Gould, 6s. 6d .; total, 14li. 19s. 5d. The inventory was proved upon oath of Edward Flint and Jonathan Hart, the administrators.
tAutograph.
411
RECORDS AND FILES
1671]
John Whitterig was fined for being drunk.
To the servants of the house, 7s. 6d.
Edward Richards of Lyn, aged about fifty-five years, deposed "that I have knowne there hath been a highwaye to the land at Sagamore hill which was Capt Turners at Lynn, this waye hath beene owned & injoyed by Capt Turner & m' Holyoke now this seauen & thirty years & this waye hath beene owned by all the proprietors of those lands, that bordered vpon it, till Thomas Farrer came to be a proprietor of land there, the waye I say hath beene owned hetherto to be mr Holyokes interest, alsoe my selfe for some time, possessing the lands that were Carmans, I was troubled that mr Holioke had such free cource through there to his land, I got him to m' Willisses house before some Gentlemen of the Towne to open my complaint & those Gent pduced a record of the Towne booke which declared that these lands by wch the said high waye went, were graunted on Condi- tion that Capt Turner should haue a highwaye there thorough to his land at Sagamore hill." Sworn, 12 : 5 : 1671, before Wm. Hathorne,* assistant.
John (his mark) Peason, sr., aged about fifty-five years, deposed "that about thirty two years agoe I haueing occasion to be often with Goodman Foster of Lyn whoe liued on the land that Thomas Farrer now possesses: Good: foster Told me that all those lotts were giuen with pvission not to disturb Capt Turner in his pas- sage for himself & his, to his land at Sagamore Hill & that there was to be a highwaye to the said land of Capt Turners: Alsoe in those Ancient times, I haue heard Good: Foster saye yt yf he would make a waye ouer the Creeke he might be freed from this high waye ouer his land, but it seemes he neuer atended to make awaye ouer the marsh & Creek moreouer I dwelling upon the land, which was goodman fosters (which now Goodman Farrer possesses), for three yeares, mr Holyoke had a waye to his land ouer Goodman fosters land without molestation." Sworn, 12 : 5 : 1671, before Wm. Hathorne,* assistant.
Edward Ireson of Lynn, aged seventy years, deposed that "long synce yt is to saye aboue forty yeares agoe, I being seruant to m' Johnson Deceased liueing at Lynn almost euer since I was well acquainted with the lands of Capt Turner, whoe haueing som lands at Lyn, at the place caled Sagamore hill, mr Dilling-
* Autograph.
412
SALEM QUARTERLY COURT
[June
ham had three acres next adjoying to Capt Turners, through which, Capt Turner had a waye alowed to his land much where about the waye now lyeth, nextly was goodman Fosters land, & next him was Carmans land by the waye to the windmill, these lotts butted on the highwaye whereby Capt Turner & after him m' Edward Holyoke did as they had acasion pass to & froe with carts, and cattle & that peaceably & quietly without molestation & farther this deponent saith that I had three acres giuen me, which afterwards was Carmans, which land was giuen me by the Towne vpon condition that Capt Turner was to haue a waye thorough for cattel land carts, as he should haue ocasion there." Sworn, July 12, 1671, before William Hathorne,* assistant.
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