Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5, Part 11

Author: Essex County (Mass.). Quarterly Courts; Essex Institute; Dow, George Francis, 1868-1936
Publication date: 1916
Publisher: Salem, Mass. : Essex Institute
Number of Pages: 520


USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 11


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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*The selectmen ordered Ensigne John Samborn and Tho. Ward to warn them against making use of the town commons, upon penalty of paying damages, dated June 3, 1672, and signed by Samll. Dalton,¿ for the selectmen. John Sambornt certified that he warned them as ordered.


+Ralph Hall, aged about fifty-three years, deposed that he was desired by John Foulsem, sr. and Samuell Levitt to go with them into the swamp commonly called Mr. Dudly's swamp at Exeter to view the place where Joseph Tayelor and Johanathen Robison of Exeter said that James Skid came and forewarned them against carrying away certain logs that were cut there and trees felled. He found by the copy of a grant of eighty acres to Mr. Dudly in that swamp that the timber felled was near the middle of the grant. Will. Moore testified to the same. Sworn in court.


# Autograph.


100


HAMPTON QUARTERLY COURT


[Oct.


Abraham Drake v. Job Clement. For not satisfying Lewis Zackerias, one of the Dutch seamen belonging to the ship called the Sancta Maria, for his proportion of wages due from said ship according to promise made to the marshal and seamen when he sold his right in said ship.


Jno. Severans v. Abraham Drake. Debt. Veredict for plaintiff.


Mr. Henry Dearing v. Francis Thorne. Debt. For withhold- ing debt due in white oak pipestaves, in which he is bound with Arthur Bennick. Defaulted.


Wm. Fifeild v. Jno. Bersham. For molesting him with an execution after agreement concerning the judgment. Plaintiff was engaged to pay defendant, in behalf of the town of Hampton, for keeping school. Verdict for defendant .*


Robert Ring v. Nathll. Clarke. For taking away a load of hay from his meadow, commonly called "ye points," that part toward the lower end, over against John Gill's marsh, and laying claim to said marsh. Said marsh lay within the bounds of Salis- bury and is part of his second division. Verdict for plaintiff. Appealed to next Court of Assistants. Nathll. Clarke of Nu- berie and Nathll. Weare of Hampton were bound for said Clarke.


Jonathan Thing v. Richard Scammon. Debt. Defendant acknowledged judgment to plaintiff.


Jonathan Thing and Henry Moulton, executors of the estate of Thomas Kinge v. Nathll. Boulter. For not making good a covenant concerning the surrender of the eighth part of a saw- mill at Exiter, dated Oct. 27, 1661, under the hand and seal of said Boulter. Verdict for plaintiff.


Edward Colcord v. Nathll. Boulter and Francis Page. Tres- pass. For cutting grass on plaintiff's meadow on the west side of the town for twelve or fourteen years, and for endeavoring to alter the title. Verdict for defendant.t


*Antoney Stanian, aged about sixty-five years, deposed that about a month ago he heard Will. Fifeld own that he had not gathered up the pay due to Mr. John Bashame from the town of Hampton for keeping school. Abraham Drake, marshal, deposed the same. Sworn in court.


+Writ, dated Oct. 3, 1672, signed by Samll. Dalton,¿ for the court, and served by Abraham Drake,¿ marshal of Hampton.


#Autograph.


.


101


RECORDS AND FILES


1672]


Robert Evens v. Henry Robie and Nathll. Boulter. Trespass. For cutting and carrying away his hay and grass from a fresh meadow near the beach, which he bought of Edw. Colcord. Ver- dict for plaintiff. Appealed to the next Court of Assistants. Henry Roby, Nathll. Boulter and Daniell Tilton bound.


Georg Corlis v. Joseph Davis. For not paying 12li. and two days' work with a team, which said Joseph was to have paid for the service of the said George's son Jno. with him for a twelve months' time, and also for not paying plaintiff 4li. which defend- ant received of Jonathan Thing of Exiter, upon plaintiff's account. Nonsuited.


Daniell Ela v. Benjamin Bongraine. Debt. Due for dieting him and his men and for provisions, also for piloting two ships for him. Verdict for plaintiff .*


Georg Swete v. Francis Thorn. Debt. For wages. De- faulted.


Abraham Drake v. Jno. Severans, attorney to Lewis Zake- rias. Review of an action tried at the last Salisbury court, when defendant recovered judgment for wages. Verdict for plaintiff. Appealed to the next Court of Assistants. John Severans of Salisbury, attorney to Lewis Zakerias, the Dutchman, and Henry Green bound.


Henry Roby v. Capt. Walter Barfoot. For damage in money which was recovered against plaintiff at the last Court of Assist- ants in a case between Barfoot, as his attorney, and Robert Marshal. Verdict for defendant.


* James Pecker, aged about fifty years, deposed that in 1672 he heard Mr. Bengaman Boonegraine say that he was to give Danill Ela forty shillings in silver and to spare him one of his men to go down to Newbery with said Daniel's ketch to pilot Boonegraine's vessel to Salem. Said Daniel did pilot the said vessel to Newbery, and Boonegraine told deponent that Ela was going to Salem with his own vessel, but that Boonegraine had altered his plans and should not go with his vessel. Sworn, Oct. 7, 1672, before Nath. Saltonstall,¡ commissioner.


Jno. Curwin deposed that being at Mr. Gedny's with Benj. Bowngroyne and Danell Ela, he heard that said Benjamin was engaged to pay Ela three or four pounds for piloting his ship up Merremack river. Sworn, 3 : 8 : 1672, before Wm. Hathorne,t assistant.


t Autograph.


102


HAMPTON QUARTERLY COURT


[Oct.


Elizabeth Wells was appointed administratrix of the estate of her husband, Richard Wells, late of Salisbury.


Court ordered that Richard Currier, executor of the will of Samll. Robins, produce the will at the next Salisbury court, to be proved.


Court granted license to Mr. Carr to sell cider and beer by retail at his ferry until the next Salisbury court, provided the selectmen of Salisbury give their approbation.


Jane Cartwright, being convicted of fornication, was sentenced to be whipped ten stripes, to be given her as Mr. Dalton shall think it convenient, unless she pays 3li. fine.


Mary Parker, for fornication, was sentenced to be whipped ten stripes or pay a fine.


Capt. Christopher Hussie, Ensigne Jno. Samborn and Mr. Samuell Dalton were appointed commissioners to end small causes in Hampton for the ensuing year, said Samborn and Dal- ton taking the oath, and Mr. Dalton being ordered to administer the oath to Capt. Hussey.


The complaint against Eunice Cole was referred to Salisbury court and Mr. Samll. Dalton was in the meantime to take what depositions were to be presented.


Charls Hilton acknowledged judgment to Nicolas Lissen, assignee of Mr. Willi. Norton, to be paid in boards at Exiter, according to a bill dated Oct. 27, 1669.


Samll. Davis of Haverhill acknowledged judgment to Robert Wadleigh, to be paid in neat cattle.


Susanna Worcester was appointed administratrix of the estate of her husband, Timothy Worcester of Salisbury, deceased. Court ordered that the widow have one-half and the two children, Sarah and Susana, the other half, the house and land to remain as security for the children's portions until they reach the age of eighteen. The widow was to have the use of the children's portions for their education and bringing up.


Henry Palmer, George Brown and Willi. White were appointed commissioners to end small causes in Haverhill, and to take oath before Capt. Saltonstall.


Samll. Currier, presented for cursing and swearing, was fined.


John Godfrey, upon suit by Matthias Button, and the latter not appearing, was discharged.


103


RECORDS AND FILES


1672]


Major Robert Pike, Henry Brown and William Buswell were chosen commissioners to end small causes for Salisbury.


Hananiell Bosworth and Jno. Griffyn were appointed adminis- trators of the estate of widow Satchwell, late of Haverhill, and were ordered to appear at the next Salisbury court.


Sabina Marston, executrix of her husband, William Marston, sr., reserved her right of thirds in the estate, and was given the use of the estate until the child to whom the estate is given comes to the age of eighteen years or is married with her mother's con- sent.


Daniell Ela, presented in Salisbury court, Apr., 1672, for being drunk at Nuberie at Robert Holmes' house, also for cursing and swearing, was convicted and fined. He was ordered to remain in prison until the judgment was satisfied.


Joseph Hall of Lyn, charged by Elizabeth, wife of Nathll. Eastman of Salisbury, as being the father of her child before her marriage, and the charge having been proved true, was or- dered to pay 12li. toward the child's maintenance to the husband of Elizabeth, in provisions within two years. Hall was also to pay 5li. according to law to Jonathan Hudson, father of Eliza- beth, for enticing her and frequenting her company contrary to her father's warning. Robert Burges of Lyn was surety for said Hall .*


Elizabeth, wife of Nathll. Eastman of Salisbury, was to be whipped severely or pay a fine, for fornication before marriage.


Court ordered Mary Parker, the maid of Moses Gillman of Exiter, to continue and live with him as a servant for three years after her time expires, unless she pay her master 6li. Also that the child of said Mary should live with said Gillman and his heirs as a servant until it reaches the age of twenty-one years, unless the father of the child should redeem it and satisfy Gillman for the charge of education.


*Elizabeth Osgood, midwife, deposed that Elizabeth, wife of Nathanel Estman, told her that Joseph Hale of Lin was the father of her child. Sworn, 7 : 8 : 1672, before Robt. Pike,t commissioner.


Hana, wife of Nathall. Browne, deposed the same.


Roger Estman and wife Sara, deposed the same. Sworn, Oct. 7, 1672, before Robt. Pike,t commissioner.


+ Autograph.


104


HAMPTON QUARTERLY COURT


[Oct.


Mary Wall and Hannah Wall chose their uncle Tho. Philbrick of Hampton as their guardian.


Charles Hilton acknowledged judgment to Mr. Henry Dear- ing, to be paid in deal board and white oak pipe staves.


All presentments not brought here were referred to the next Salisbury court.


Capt. Nathll. Saltonstall informed the court that Matthias Button died intestate, and none appeared to administer upon the estate.


Anthony Stanian, presented for striking Edw. Colcord, jr., was fined.


Joell Judgkin, convicted of drunkenness, swearing and cursing, was fined.


Susana Worcester, widow, for suffering inconvenient meet- ings of young persons at her house at unseasonable times, was fined by Major Robert Pike.


In answer to the complaint of Jonathan Thing and Henry Moulton, court declared that the widow King ought not to assign her yearly maintenance to any one man but ought to take advice of her husband's executors,, because she and they had made a covenant, and she had no power to assign it.


The clerk of the writs of Haverhill was ordered to inquire con- cerning the estate left by Matthias Button and bring in an in- ventory to the next Salisbury court.


Court being informed that John Littleale of Haverhill lay in a house by himself contrary to the law of the country, whereby he is subject to much sin and iniquity, which ordinarily are the companions and consequences of a solitary life, it was ordered Oct. 12, 1672, that within six weeks after date he remove and settle himself in some orderly family in the town, and be subject to the orderly rules of family government, unless he remove from the town within that time. If he did not comply with this order, the selectmen were ordered to place him in some family, which if he refused, a warrant was to be issued to place him in the house of correction at Hampton.


A rate of 30li. was ordered for the county charges.


Ordered 5s. to the servants of the house, also 5s. to Mr. Jno. Samborn's servants, to be paid by the Treasurer.


Writ: Henry Dering v. Samawell Foulsham; debt; dated


105


RECORDS AND FILES


1672]


COURT HELD AT SALEM, 26 : 9 : 1672.


Judges: Mr. Simond Bradstreet, Mr. Samuell Simonds, Maj. Daniell Denison and Major Wm. Hathorne.


Grand jury: Capt. Walter Price, Leift. Thomas Putnam, Mr. Jno. Corwin, Daniel Andrewes, Edw. Graves, Joseph Phippen, Robert Leach, Richard Reafe, Wm. Fisk, Hen. Collens, sr., Hen. Roads, Wm. Craft, Frances Burell and Wm. Vinson.


Feb. 4, 1671-2; signed by Stephen Robinson,* for the court; and served by Abraham Drake,* by attachment of house and land of defendant.


Writ: James Davis v. Thomas Davis of Haverhill and Mr. Ric -, administrators of the estate of Joseph Davis of Haver- hill; debt; dated Jan. - , 1671-2; signed by -; and served by Jno. Williams,* constable of Haverhill.


Writ: Jno. Severans v. Walter Tayler's estate in the hands of Tho. Mudget; debt; dated 23 : 12 : 1671; signed by Tho. Bradbury,* for the court; and served by Henry Browne,* deputy constable of Salsbury, by attachment of the dwelling house and land of Tho. Muggett, and by John Ward,* constable of Ames- bury, who attached the estate of Walter Tayler.


Writ: Abraham Drake v. Andrew Wiggin. For withholding a debt for two loads of hay delivered at Exeter at the house of Richard Morgen in 1670; dated Mar. 29, 1672, signed by Samll. Dalton,* for the court; and served by Abraham Drake,* marshal of Hampton.


Execution, dated 14 : 8 : 1672, against Nathll. Boulter to satisfy judgment granted to Jonathan Thing and Henry Moulton by Hampton court, 8 : 8 : 1672, signed by Tho. Bradbury,* recorder, and levied by Abraham Drake, marshal of Hampton, upon neat cattle and pigs, appraised by Godfrey Dearborn and John Levett. Copy made by Tho. Bradbury,* recorder.


Henry Sewall deposed that the meadow that he bought of Mr. Worcester he had let out, and those to whom he let it had never been molested. Sworn, 9 : 2 : 1672, in Salisbury court. Copy made by Tho. Bradbury,* recorder.


Will. Starlin, aged about thirty-five years, testified that when he did a little work about John Severance's vessel, he was at Samewell Currier's house and heard Currier use cursing and swearing words. Sworn, 9 : 2 : 1672, at Salisbury court.


Phillip Toele's bill of cost against George Walton, 15s. 2d. Allowed, 9 : 2 : 1672, at Salisbury court.


James Pecker and Isack Cousens, agreed to keep a sufficient fence between their lot and John Clements. Wit: William White* and Theophilus Shatswell,* who made oath, 9 : 2 : 1672, in Salisbury court.


* Autograph.


106


SALEM QUARTERLY COURT


[Nov.


Jury of trials: Mr. Samuell Gardner, Mr. Bartholl. Gedney, Richard Prince, Hilliard Veren, Richard Leach, Zachariah Her- rick, Mathew Farrington, Tho. Bancraft, John Pearson, John Haukes, Abra. Robinson and Jno. Deuerix.


Richard Dole v. William Neafe. For not giving to the said Dole sufficient security for a debt. Verdict for plaintiff, if the process of law be legal requiring, if not, verdict for defendant. Court judged that in this case the process was not legal requir- ing .*


Capt. William Geerish v. Wm. Neaph, alias Hodgneph. Debt. Verdict for defendant.t


Mr. Elizur Holioak and Crispus Brewer, his tenant v. Thomas Farrer. For denying to said Crispus his making use of a high- way. Verdict for plaintiff.#


*Writ, dated Oct. 17, 1672, signed by Nath. Saltonstall,§ for the court, and served by Steven Webster,§ constable of Haverhill, by attachment of Will. Neff's land, which was formerly Daniel Ela's, and 6li. 10s. in the hands of Steven Dowe.


Letter of attorney, dated Nov. 18, 1672, given by Richard [Dole] of Newberry to sr. of Salem. Wit: Joseph Collins§ and Hilliard Veren, sr.§


Bond, dated Apr. 22, 1672, William (his mark) Neafe of Haver- ill to Richard Dole of Newbery, for 20li., to be paid in white oak hogshead heading two feet, three inches in length, and hogs- head staves, and delivered at the landing place in Haverhill. Wit: John Lowell and Thomas Dole. Copy made by Hilliard Veren, § cleric.


+Writ, dated Nov. 2, 1672, signed by Anthony Somerby,§ for the court, and served by Steven Webster,§ constable of Haver- hill.


Wm. Gerrish's bill of cost, 1li. 12s. 9d.


Bond, dated Apr. 2, 1672, given by Wm. (his mark) Neph of Haverhill to Wm. Gerrish of Newbury, for 6li., to be paid in wheat or pork. Wit: George Browneg and Richard Dole.§ Browne made oath, Nov. 11, 1672, before Nath. Saltonstall,§ commissioner, and Dole, 18 : 9 : 1672, before Daniel Denison.§


įWrit: Mr. Eliezer Holioake and Crispus Brewer, his tenant v. Thomas Farrer; for denying said Brewer the use of the highway that goes by his house and leads to the land of said Mr. Elizer Holioake at or adjoining Sagamore hill, so called, in Lynn, and for turning back said Crispus's cattle when they were driving to pasture; dated 12 : 9 : 1672; signed by Hilliard Veren,§ for the court; and served by Thomas Iovry,§ constable of Lin.


§ Autograph.


107


RECORDS AND FILES


1672]


Mr. Holyoke's bill of cost, 1li. 18s. 11d.


Edward Richards of Lynn, aged about fifty-five years, deposed that he had known that there had been a highway to the land at Sagamore hill, which was Capt. Turner's at Lynne, and which had been enjoyed by Capt. Turner and Mr. Holyoke for thirty- seven years. This way had been owned by all the proprietors of those lands that bordered upon it until Thomas Farrar came to be a proprietor there. Deponent for some time possessing the lands that were Carman's, he was troubled that Mr. Holyoke had such free course through there to his land, and got him to Mr. Willis's house before some gentlemen of the town to open his complaint. Those gentlemen produced a record of the town book, which declared that those lands by which the said high- way went were granted on condition that Capt. Turner should have a highway there through to his land at Sagamore hill. Sworn, 12 : 5 : 1671, before Wm. Hathorne,* assistant.


Copy of a record of the meeting of the selectmen of Lyn, 22 : 2 : 1656, made, 9 : 9 : 1672, by Thomas Laughton,* cleric: "It was Agreed yt by ye evedence the Selectmen heard yt mr Holyoake and ye lots adioyninge to him att Sagamore Hill is to haue a Highway through Thomas Farrars Land and to bee in the same place where it formerly hath been, which is neare his house, to their Lands & it is Agreed yt this Highway is to bee tow poole wide."


John (his mark) Peirceson, sr., of Lynn deposed, July 11, 1671, that about thirty-two years ago, having occasion to be often with Goodman Foster of Lyn, who lived on the land that Thomas Farrar now possesses, Goodman Foster told deponent that all those lots were given with provision not to disturb Capt. Turner in his passage and that there was to be a highway to the land of said Turner. "Also in those ancient tymes I have heard Goodm: Foster say yt if he would make a way ouer ye Creek he might be freed from this highway over his land but it seemes he never attended to make a way our ye marsh & creeke: moreover I dwelling upon ye land wth was Goodm: Fosters (wch now Goodm : Farrar possesses) for three yeeres Mr Holyoke had a way to his land over Goodm: Fosters land wthout molestation." Sworn, 12 : 5 : 1671, before Wm. Hathorne,* assistant.


Letter of attorney, dated Oct. 24, 1672, given by Elizur Hol- yoke* of Springfeild and Chrispas Brewer* of Lynne to Lieut. Thomas Putnam of Salem and Andrew Mansfeild of Lynne. Wit: Thomas Laughton* and Sara Laughton .* Sworn in court.


Thomas Laughton, sr., deposed that Crispus Brewer asked him to go with him to Thomas Farrer's house to see if he might put his cattle into his field by way of the highway, and when they came to said Farrer's, there was William Bassett, sr. Farrer


* Autograph.


108


SALEM QUARTERLY COURT


[Nov.


Arther Mason, attorney of Wm. Titherly v. Mr. Edmond Batter. Review of a case tried at the last November court. Withdrawn.


Edward Woolland, attorney of Anthony Peadle v. Mr. Wm. Browne, sr. Debt. Upon a fishing voyage. Verdict for de- fendant .*


said he had no highway there. Deponent desired Farrer to let Brewer put in his cattle now and in the spring Mr. Holyoake might be there himself, and Farrer replied that if his neighbor Brewer desired it upon courtesy after his hay and turnips were in, he might do so, etc. William Bassett, sr., testified the same. Sworn in court.


Thomas Brewer, aged upward of fourteen years, testified concerning Farrer driving the cattle out of the highway. Sworn in court.


Edward Ireson of Lynne, aged seventy years, deposed that above forty years ago, he was servant to Mr. Johnson, deceased, and living in Lynn almost ever since, he was well acquainted with the lands of Capt. Turner. Mr. Dillingham had three acres next adjoining to Turner, through which the latter had a way allowed to his land about where it is now. Next was Good- man Foster's and next him was Carman's land by the way to the windmill. These lots butted on the highway where Turner, and after him Mr. Edw. Holyoke, passed with carts and cattle. Deponent had three acres given to him by the town, which after- wards was Carman's, and he had a right of way. Sworn, July 12, 1671, before Wm. Hathorne,f assistant.


*Writ: Edward Woolland, sr., attorney to Anthony Pedle of Monhegin v. Mr. William Browne, sr .; debt, upon account of a fishing voyage in 1661; dated Nov. 19, 1672; signed by Hilliard Veren,t for the court; and served by Henry Skerry, t marshal of Salem.


Bill of Wm. Browne, t dated Salem, Nov. 14, 1661, the account being made up and the rest due to Goodman Pamer, 51li. 8s. 1d .; due to Tho. Harris, 6li. 3s. 5d .; due to Goodm. Pedle, 5li. 1s. 1d.


Letter of attorney, dated July 10, 1672, given by Anthony (his mark) Peadellį of Maunhegin to Edward Woollen of Sallem. Wit: Elias White; and John (his mark) Roads, sr. Sworn, 26 : 9 : 1672, before Daniel Denison, t


John Pamer of Munhegin is debitor, 1660, 59li. 18s. 6d .; for the freight to Richard Gardner, 18s. 6d. Received by Richard Gardner, 114 quint. of fish at 30 Ry p quint. 85li. 10s .; by 12 quint. fish and 2 of Refuse, 9li. 18 .; by Mr. Balch, 14 : 9 : 1660,


+ Autograph.


į Seal.


109


RECORDS AND FILES


1672]


Richard Read v. Christopher Lattamore. Trespass. With- drawn .*


31 quintalls of fish at 28 Ry per, 21li. 14s .; total, 117li. 2s .; Rest to you is 56li. 5s. John Pamer, half coming to him, 28li. 2s. 6d .; Thomas Harise, a quarter part to him, 14li. 1s. 3d .; Anthoney Pedle, a quarter part to him, 14li. 1s. 3d .; total, 56li. 5s. This is the account "that I made up with John Dolling that had no parte in the voyage but as he saide he order from one man."


John Pamer, debtor, 60li. 17s .; received by Richard Gardner, 85li. 10s .; by Richard Gardner, 9li. 18s .; total, 95li. 8s .; rest to be divided, 34li. 11s. To John Pamer, half, 17li. 5s. 6d .; to Thomas Harris, one quarter, 8li. 12s. 9d .; to Anthony Pedle, one quarter, 8li. 12s. 9d .; total, 34li. 11s. "This last account was made up with John Pamer who had half the voyage and said the 31 quintalls of fall fish belonged to himself and I gaue him Credit for it in his owne perticuler accounte soe that if the first acco stand being A great Earor in it then I pay for 31 quintalls of mart fish twise it was made up by one that knew nothing of it & had nothing to doe in it."


*Writ: Richard Read v. Christopher Lattamore; trespass; for running a mooring or causing it to be "runn fowle of ye moar- ing of ye plt & moaring of his boat foule of ye boat of the plt: whose moaring had beene layd in that place two or three yeare before, & is against his owne land & house & stages, wherby the plt his side of his boat is broke downe;" dated 14 :9:1672; signed by Hilliard Veren,t for the court; and served by John Waldren,t constable of Marblehead.


James Dennest and Nathanuel Waltont certified that they repaired the damaged boat, and the cost for timber, with car- penter's labor, was 1li. 5s.


Abraham Sneshshell, aged about twenty-two years, deposed that about three years ago Richard Read had a mooring over the coves, at which time Lattimer had no mooring. Also that the boat was fitted for sea and was so much damaged by Latti- mer's boat that she had to be repaired. Sworn in court.


William Pitt, aged nearly four score, testified that about twen- ty-five years past, he bought of John Goyte of Cape Ann, house, stage and land in Marblehead, with the privilege of the cove where he moored his boat and peacably enjoyed it many years without any molestation by any man. Afterward he sold all to his son Cristover Lattemer who was unmolested until within two or there years ago when Richard Read came there. Sworn in court.


John Martin, aged about thirty years, testified that about two years and two months ago, he went to sea fishing in his own


¡ Autograph.


110


SALEM QUARTERLY COURT


[Nov.


boat and hired a mooring of Richard Read, and he and John Codner often found Lattimore's skiff's collar upon their mooring. Codner loosed the collar and heaved it ashore, etc. Sworn in court.


John Codner, aged about fifty years, deposed that when he built his stage about twenty years ago, he and Lattemore stretched their moorings from one side of the cove to the other upon each man's land, to two rocks. When Mr. Lattemore's mooring was taken away, he moored a boat to my mooring and paid for it and so kept possession of the mooring place. All the boats that were in the cove made fast to their land. John Peach, sr., aged about sixty years, mentioned. Sworn in court.


William Neck, aged about forty years, deposed that he came into the country about twenty-two years since, and there was then no stage in the cove except Mr. Pitts's. Sworn in court.




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