USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 33
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Nathaniell Robinson, aged about fifty years, deposed that he being at Salem and living with Mr. Townsend Bishop in 1636, and several years after, "in which tyme we liued at a farme about three myles from Salem, and at that tyme when first it was setled, and then he knew none bordring one sayd farme, but the Honoured Late Gouerner m': Endicott and mirs Skelton, and during his tyme which was eight yeare in the farme
t Autograph.
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and ye farmes thereabout he neuer heard or understood in the Least that this m': Nath: Putman who as it is now sayd lay clayme to it, or any other had any intrest, except sayd Bishop, one this side of the brooke or Riuer, as ioyning to sayd brook or Riuer which goes from the head of the meadow belonging to ye sayd farme, to the salt water which ptes the Honoured Late Gouener m': Endicott his Land, and the Land of mirs Skeltons." Sworn, June 27, 1674, before Tho. Clarke,* assistant.
Mrs. Elisebeth Endecott, aged about sixty years, deposed that "as to what ground in Sallem that my husband bought of Mr. Chickeren that afterwards dwelt at dedham that the bounds of that Land between farmer porter and it was the watter that is so high as farmer porters Land went. and Likewis Nathaniell putman the bounds between him and my husbands Land it also was the watter and this my husband and I did poses till after my husband came to dwell at Boston without Mollestation or any disturbanc: or claim Laid to it that I know of after which time Nathaniel putman or putnam did fence in some small part of that ground which was on our side of the brook and did fell trees on the same ground which was A great offence to us and born witnes Against by my husband and by my son John Endecott, which Land was by my husband giuen to my son John Endecott which is now deceassed." Sworn, Apr. 13, 1674, before Edward Hutchinson,* commissioner in Boston.
Deed, dated Dec. 4, 1651, given by Richard (his mark) Hutchin- son of Salem, yeoman, with the consent of Alce Huchinson, for 7li. 10s., to Nathanaell Puttnam "of the same towne and prish halfe that farme that was formarly m' Stilemans Consisting of 75 acras of vpland be it more or les and 4 acars of meadow scituate Lyeinge and beinge as is hereafter exspressed viz the vpland boundeinge on the south of the land that was formarly m' Towne- send Bishopps vpon the west Bounded vpon the other pt that was formarly m' Stilemans farme vpon the north Bounded vpon the Land that was formarly m' Thornedickes allsoe 4 acars of meadow one acar and a halfe lyeinge or buttinge on the Land that was m' Thornedicks and 2 acars and a halfe adioyninge to the vpland of the same ground that was formarly m' Stilemans the vpp Ende of the meadow adioyneinge to the other parte of the meadow bounded to agrate tree on the vpland and to A tuft of flages on the other Ende that stands by the brooke side And I doe by these prsents Resigne and deliuar vnto the saide Nath- anaell Puttnam all the vpland and meadow aboue specified as his one ppar Right | for euer||." Wit: Robert Brett* and Jeff- erie Massey .* Acknowledged, 10 : 10 : 1651, before Jo. Ende- cott, Govr .* "The word (freuer) was interlined before the ensealing & delivery heerof. Jo. Endecott, Govr."*
John Porter, sr., and Thomas Putman deposed that they were
* Autograph.
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appointed by the town to lay out some highways at the Farms, and "they Com to Ingesels brouk & began neare a marked tree that that standes by nathanel Putmans fenc on the north sid the brouk & laid out a way as neare as they Could betwixt the farmes Mr. Endecotes on the south: & hedloks & Jose[p]h hol- tones on the north." Sworn in court.
Jno. Weston, aged about fifty years, deposed that he worked with Nathaniel Puttman three years at certain times before the year 1652, during which time he helped to fence part of the land now in controversy. He also testified that "the hye way of Ipswitch Road did formerly Run Ouer ye Creek nere ye Land that is now In ye possession of Benjamin Scarlett." Sworn, 30 : 4 : 1674, before Wm. Hathorne,* assistant.
Nathaniell Ingarson, aged about forty-one years, deposed that the hemlock tree had been the reputed bounds of the Toun- sen Bishup farm, "which tree standeth at Crane Reuer by the sawe mill ner the land of the Exsecutors of m' Scelton: Also I doe further testifie that I wos at the Runninge of a line with mr Allin & the Rest of the propariators adgoineinge to the north side of his farm," etc. Also that Nathaniell Putnam had fenced part of the land in controversy before 1652. Sworn in court.
Joseph Huchinson testified that he was with the layers out of Mr. Aline's farm, etc. Sworn in court.
Jonnathan Walcutt, aged thirty-five years, deposed that the fence "that was to ye sd Putmans Cornfeild was short of the Brooke on that side that the sd putmans Land Lyeth on but theire was a small hedge fence at ye eastern end of the sd putmans Land yt went up Along the Brooke some part of the way upon the southward side of the sd putmans Corn feild fence & In some places went ouer that side of the Brooke & this deponent tes- tifieth that hee hath sene the sd putmans sons cut up both brush & wood In the Inside of the Last fence & brush In the outside & this wood & Brush was cutt since It was in the posesion of mr James Allen." Sworn in court.
Benjemin Scharlett, aged about forty-nine years, deposed "that he living with m' Endecott did observe that when Nath- aniell Pittman did First sett up his Fence on that End of his Land Next my m' his Lands the saide Putman did sett it short of the Brooke on that side of the Brooke his own Land Lay. And after this sometime did Remove it to the Brooke, And Fur- ther saith that Capt. Trask about one yeare before his death told him that the Brooke was the Bounds Betweene this Land now in Controversie and m' Sckeltons Farme." Sworn in court.
Zerabbabel Endecot, aged about thirty-nine years, deposed "that the land wch my father bought of Goodman chickering, he had the brooke for his bounds as farr as m' skeltons land did runn & then to my best remembrance it runn vpon a streight
* Autograph.
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John Godfery v. Edward Cleark. Unjust molestation. Ver- dict for plaintiff .*
line to the vpper Corner bounds and this possest by my father wthout molestation of any man while he removed to Boston, but after that my father was remooved to Boston, Nathaniel Putman or some by his order did fall or carry away timber of the said land, which is now in Controuersy. Sworn in court. Copy made from the files of the Court of Assistants by Edw. Rawson,t secretary.
Roger Connantt certified, 29 : 4 : 1674, that "being desired by nathaniell Putman to speak what I knew or remembred about the bounds of Mr Bishops farm, lying in the bounds of Salem, (I being on of them wch laid it out,) whither or no it had either fower or fiue sides or ranges in the limits therof. I doe hereby testifie, that to my utmost remembrance it had but fower sides according to our generall custome, neither can I conceiue any reason or remember any necessity that that should moue us to doe otherwise, for there then was roome enough. it was done many yeers past and therefore hard to remember all circum- stances."
John Ingorson, aged about fifty years, deposed that he "liue- ing vpon ye farme yt sometimes was Townsend Bushups being rented by my father of m' Chickering I liueing 4 or 5 years wth my father vpon ye sd farme did alwaise vnderstand ye bounds of ye said farme to run from a hemlock tree at ye lower Corner of ye farme vp ye brooke wch we counted ye bounds of ye farme & so possesed & enioyed by my father as ye bounds vntil it come now to ye place where now ye foote bridge is & then to runne ouer ye brooke & so to runne by a stright line to ye outside of ye orchard in wch land below ye orchard I my selfe haue mowed grasse for my father on yt side ye brooke wthout interruption for 4 or 5 years together to ye quantity of about a loade." Sworn in court.
Christopher Waller, aged about fifty-four years, deposed that about sixteen or eighteen years since, he worked with Nathaniel Putnam in his field near Bishop's farm, etc. At the lower end next Mr. Skelton's, he had a little calf pasture, going toward the brook from the corner of the field, etc. Sworn in court.
Zerobabell Endicott, aged about thirty-nine years, deposed. Sworn in court.
Jeffery Massey, aged about eighty-two years, deposed that he was one of the layers out of the Bishop farm and they con- sidered the brook the natural bounds. Sworn in court.
*Writ, dated Apr. 9, 1674, signed by Anthony Somerby,t for the court, and served by Robert Ayers,t constable of Haverill.
+ Autograph.
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Nathaniell Leonard v. Hana Downing. Defamation. With- drawn .* Samll. Leonard v. Hana Downing. Defamation. With- drawn.t
Benjamin Lowell v. Mr. Richd. Lowell. Nonsuited. Re- entered and verdict for defendant .;
John Godfris bill of cost, 1li. 17s.
Benjamin Felton deposed that John Godfry was delivered to him in prison by Marshal Skery, and remained there ten days. He then gave his bond for appearance at Hampton court and paid said Felton 5s. for turning the key and 3s. for diet. Sworn, 6 : 8 : 1673, before Wm. Hathorne,§ assistant.
*Writ, dated, 24 : 4 : 1674, signed by John Redington,§ for the court, and served by John How,§ constable's deputy.
Nathanil Lenard deposed that Hana Downing was prejudiced against him and upon his telling her to attend to her duty, as she was their servant and they gave her meat, drink and lodging, and she not obeying, deponent gave her a box on the ear. She then reported stories about him concerning false swearing and uncleanness, which if the former be true, would prevent him from forever giving testimony in any case, and if the latter were true, "I being a singell man my fortten would be leueled with her owne which we trust shall proue is very mene."
+Writ: Samuell Leonard v. Hanah Downing; for saying that he attempted uncleanness with her and with Elesabeth Looke; dated 24 : 4 : 1674; signed by John Redington,§ for the court; and served by John How,§ constable's deputy.
#Writ: Benjamin Lowle v. Mr. Richard Lowle; for refusing to give him possession of a parcel of marsh lying in the old town marshes in Newbury, adjoining Anthony Morse's land, about eight acres, of which John Lowle died possessed, and which is now in possession of said Richard; dated June 24, 1674; signed by Anthony Somerby,§ for the court; and served by Joseph Bayley,§ son of and deputy for John Bayley,§ constable of New- bury.
Bill of cost, 1li. 4s. 6d.
Copy of papers taken from the Salem court of 27 : 4 : 1671, in a similar action, made by Hilliard Veren,§ cleric.
Copy of will of Jno. Lowle of Newberry, dated 12 : 4 : 1647, and proved, 27 : 8 : 1647, upon oath of Edmo. Greenlefe and Willi. Gerrish, before Increase Nowell, secretary, and copy made by Edw. Rawson,§ secretary: "I give unto my wife Elisabeth Lowle one halfe of my Estate whither it consists in Goods wthin or wthout land houses Cattell household stuffe meadowes land
§ Autograph.
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1674]
broken or vnbroken or what else also my said wife to choose twenty pounds out of the residue of that estate which came by her mothers formerly or latter, The rest of my estate to be di- vided equally betweene my sonne John Loule mary Lowle Peter Lowle James Lowle Joseph Loule Benjamin Loule & Elizabeth Loule Also I dow humbly intreat these fiue my christian deare Loving freinds & brethren my brother william Gerrish Richard Loule John Sanders Richard Knights & Nicholas Noyce to be my ecexs and Admin of this my last will & testament as also to be the ouerseers of my wife & children in a freindly christian way towards them and that you fiue should take ye Advice of our elders in case any one of my first wiues children dye before they haue their portion in their hands that it be equally devided amongst the rest that are living the same I say Concerning my second wives children Benjamin & Elisabeth these portions for my children to be payd them when the Court Judge them wise & able to mannage an estate as they shall receive information from six of the wise Godly men of the Toune with the Elders: Also I will that before the Goods be divided that my daughter Elisabeth shall take tenn pounds worth of hir oune mothers clothes. Also if my wife marry I will that my daughter Mary then shall liue with my sister Johan Gerrish if my sister please if my daughter mary chuse to liue wth my sister before my wife, and that my two daughters shall haue their thirty pounds worth of clothes taken out before the estate be devided." Wit: Ed- mond Greenleife, Willim. Gerrish and Robert Long.
Letter of attorney, dated June 26, 1674, from Richard Lowle,* of Newbury, gentleman, to Capt. William Gerrish. Wit: Rich- ard Dole* and John Knight .* Sworn in court.
Copy of the inventory of the estate of Mr. John Lowle, de- ceased, appraised, last of June, 1647, by Edward Rawson, Tho. Miller and Abraham Toppan, and copy made by Edw. Rawson,* secretary: His wearing Apparell, 1 blu watd grogran suite, 1li .; 1 Leather suite, lli. 6s. 8d .; Leather Jacket, 4s .; 1 Black cloth Coate, 18s .; 1 old Bla. Cloake & suite, 1li. 1s. 4d .; 1 Freeze Jack- ett, 4s .; 1 Liuer Colld Cloth Cloake, 18s .; 1 Liuer Colld. Cote, old, 7s .; 1 Red Wast Coate with Doublett, 6s. 5d .; 1 Liver Colord Jackett & Hose, 15s .; 2 Hatts, 12s .; 1 p Bootes, 10s .; 4 pr of shooes, 10s .; 4 old stockinnes & new, 12s. 6d .; 4 shirtes Worne, 15s .; 5 Night Cappes, 3s. 6d .; 11 Day Cappes, 1li. 3s .; 6 Bands, 1 pr. Boots with toppes, 7s. 6d .; 6 old Handkercheifes, 2s .; 2 swordes, 1 pr. Bandaleers, 1 Musket, one pistoll, 1 Frather, 1 ponyard, 2li. 4s. 6d. In the Chamber, green Curtains, 2li. 12s .; 1 Fair Cupboard Cloth, 1li .; 2 wrought Cushions 1 Chaer, 1 Case for a Chayr, 1li. 10s .; 1 Carpett, 1li .; 1 peice of Green serge, Ss .; another pr. of Curtains & Vallen, 13s. 4d .; Bookes, 3li. 7s. In Linning, a Tufted holland wastcoate, 4s .; an old
* Autograph.
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holland sheete, 2s. 6d .; 2 old Linninne Wastcoates, 3s. 6d .; a Large Diaper table Clothe, 10s .; 1 doz. Diaper napkinnes, 12s .; 1 p fyne Canvas sheetes, 12s .; 3 p Canvas sheetes, 18s .; 3 odd sheetes, old, 5s. 4d .; 2 p old sheetes, 4s .; 2 Course towells, 1s. 4d .; 1 Callico pillow bear, 3s. 4d .; 1 pr. of pillowbyes, 6s .; 1 p Dowlas pillow beers, 4s .; 9 Course napkinnes, 4s .; 14 Course napkinnes, 7s .; 5 other napkinnes, 3s .; 17 Quoifes, 1 Ruffe, 11s. 6d .; 8 forehead Clothes, 10s .; a parcell of childbed Linnin, Headbands, &c., 2li .; 1 odd sheete, 1s .; 4 napkinnes, 1 Towell & table Clothe, 7s. 4d .; table Cloth & 3 Broken peices, 2s .; an old odd sheet & 2 chise clouts, 1s .; a pillowby, 2s .; an old Table cloth & 2 napkinnes, 1s .; 2 old Bands, 9s. 6d .; 9li. yearne, 9s. 6d .; 2 old Carpetts, 1s. 6d .; 6 Drinking Napkinnes, 2s .; 1 p Holland sheetes, 1li. 2s .; a p fine sheetes, 16s .; 2 p Course sheetes, 19s .; Fine old odd sheete, Ss .; p fine Litle sheets, 13s. 4d .; 2 p sheetes, 1li. 12s .; table cloth & napkinnes, Ili. Diapr. table cloth, napkinnes & 1 Damask, lli .; a table cloth, 2s .; 18 Nap- kinnes, 15s .; 6 Napkinnes, 3s .; 12 Napkinnes, 4s .; pr. of scotch cloth pillow beares, 4s .; 2 p Holland pillowbears, 16s .; 5 small pillowbyes, 10s .; 1 p Cours pillowbears, 4s .; 1 Halfe sheete, 4s .; 2 Towells, 3s .; Fine Cupboard Clothe, 8s .; A fine plaine Cupboard Cloth, 6s. 8d .; a Long towell, 2s .; a p of pillow bears, 2li. 4s .; Half sheete, 3s .; a tufted -; 2 pin Cushions, 2s. 6d .; 3 oz. Black woosted, 2s .; Flanning Wastcoate, 3s .; p of Course sheetes, 6s .; p of pillowbyes, 3s. 4d .; p pillowbyes, 6s .; odd sheete, 4s .; old odde sheete, 1s. 6d .; parcell of old Linninne, 2s .; old Table cloth, 1s .; 3 peces of Cloth, 1s .; old Wastcoate, 1s. 6d. In Bedding, featherbed, 4li .; Green Rugge, Ili. 10s .; Flocke bed, 18s .; 2 Feather Bolsters, 1li .; 2 pillowes & Bolster, lli .; Bolster Case, 6s .; p Blanketts, 14s .; 8 Fine Blanketts, 1li. 2s .; pair of Blanketts, 10s .; 1 odd Blankett, 4s .; 6 Cushions, 1li .; 1 Blue Rugge, 6s. 8d .; 1 Feather Bed & 2 pillowes, 4li .; pillow & pillowby, 12s .; flock bed & bolster & 3 old Coverleads, 1li. 1s .; 1 Green Coverled & 2 old Coverleads & 2 Blanketts, 16s .; a Red Rugge, 13s. 4d. & a Fetherbed, 3li .; Flock bed, 13s. 4d .; coverlets & mantles, 6s. 8d .; a Bundle of Lists, 8d .; Looking glasse, 3s. 4d .; 9 doz. bl. buttons, with a parcel of Cruell thred & silke, 8s .; a tunnell, Grater & 3 Jugges, 3s .; Iron hook, 1 grater, 1 pile hooke, 1 Dung forke, 6s .; a Litle chaire, 2 old rings, 1 garden Rake, 2 Fowling peces, a Muskett, 3li. 2s .; 1 pashall, 1 Iron fireforke, 3s .; 1 chair, 1 Bedstead, 1 frame of a table, 1 flasket, 1 Tow Combe, augur, p of sheeres & peces of Iron, 13s. 6d .; 2 Beer barrells, 1 hand Bar, 1 poudring tub & Cover, 2 Churnes & other old tubbs, wooden Bouls, 3 Earthen pots, 1 Tunell, 3 cheese Fatts, 1 Wood Cup, 1 pecke & a Halfe pecke, lli. 9s .; peic of Lead, 1 Table chair together, 7s. 10d .; kneading trough & Bracke, 5s .; 1 Salt Box, 1s .; 1 Hedge hook, 2 reap hookes, 1 pitch fork, 1 spade & 1 shovell, 10s .; 1 Woodin plough,
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1 ax & a Ladder, 5s .; 1 doz. 1-2 of trenchers, 1s .; 1 Bedstead, 1 Cradle, 3 trayes, 10s .; 1 slidd, 3 yoakes, 1-2 handed saw, a chayne, cart & wheeles, Rinng, pinns & Bands, 2li. 10s .; a pitch- fork, 2 hhds. & a Butt, 8s .; a winnow sheete & some Flaxe, 4s .; A still, porringer & sacer, 13s. 6d .; 4 sackes, Ss .; 5 Leather bagges, 6s. 4d .; a Litle Bagge, 1s. 6d .; grindstone, 6s. 8d .; 3 howes, 1 Wedge, Ladders & Frame, 14s. 6d .; a plough & share, 10s .; brasse kitles, & Iron with stake & carving knives, 17s .; box with severall parcells of small things, 5s .; Indian Basket, 2s .; Long Brush & 2 other Brushes, 2s. 6d .; deske, 1s., 3 Trunkes, 18s .; a Haire Line, 1s .; can & pouder, 6li .; Bullets, šli. of shott, 6s .; 3 Lockes & a Key, 3s .; Boxe, 6d .; Barrell & sli. Brimston, 2s .; Boxe & 4 papers of needles, 4s. 6d .; a Litle trunke, 2s .; Lampe & Iron Candlestick, 1s .; fat, drink cup & glasse, 1s .; Chest, 15s .; p of Dogges, 5s .; Brasse chafer, 5s .; Warming pan, 3s. 4d .; Leather, 3s. 4d .; Iron & a Hook, 10s .; 13 bu. Malte, 2li. 12s .; flaxe & Hempe, 7s .; 1200li. Nayles, 6s .; a Bedstead & 2 Joyned stooles, 5s .; a search & a Box, 1s. 6d .; Flasket, 1s .; A Casement Iron Hookes, staples, old Iron, nayles, 15s .; 4 hhd. & 3 Barrills & a sive, 11s. 8d .; calves skin, 1s .; 2 old sithes, nibbs & Rings, 3s. 6d .; bedstead & 1 Doz. Lace, 6s .; orange & yellow silke, 8s .; p childs gloves, 3s .; 1 Grograne Kertle & Gowne, 3li .; 1 popus gowne & kertle, 2li .; a stamell bearing whitle, 18s .; 1 Red pro- pus petticoate, lli .; 1 Red Cloth petticoate, 1li .; 1 Red mantle, 8s .; 2 swathing Bands, 2s .; Coat & Hood, 12s .; 21 pewter plat- ters, 3 butter Dishes, 7 porringers, 12 saucers, 3 Flagons, 1 pew- ter cup, 1 salt cellar, 2 candlestickes, 3li. 7s .; 1 great pott & pint pott, 1 Vinegar, 5s .; 3 Brasse Candlestickes, 1 Chamber pott, 6s. 6d .; Brasse scales & Beames & 1 p of sheares, 4s. 10d .; 1 p Brasse snuffers, 1s. 2d .; 2 Iron Candlestickes, 1 chafing dish, 2 Skimmers, 5s .; 2 sterling Irons, a wood pres & Brushe, 6s .; 1 Boule, 2 lattin kivers, 1s. 6d .; p Bellows, 2s .; 1 Case of Boxes, 8s .; File, 1 draft shave, 2 handsawes, 1 Augr., 1 plain, 2 Hammers, 2 Chissels, 1 gorge, 3 aules, a gimlet & 2 Rings, 13s .; Iron fender, 1 Iron pott, pe of a Hanger & hookes, tongs & firepans, a litle Crook, 1li. 10s .; 1 Brass Ketle, 2 Brasse skelletts, 6s .; 2 sythes & a Cutting knife, 3s .; Cartrope, 5s .; a brass Copper, 2li. 10s .; Iron pott, 3 Brasse potts, 1 Bellmetle skellet, 1 Litle bel skillett, 3li. 4s .; Iron dogs, spits, -; cowes, 10li .; 2 Oxen, 11li .; 2 three year steares, 9li .; 2 year stear, 2li .; 1 yearling stear, Ili. 10s .; 2 Bull Calves, 2li .; 4 swine, 2li. 10s .; Dwelling house & 4 acres of Land, 16li .; Corne on the 4 Acres, 4li. 10s .; another House & 2 acres of Land, Ili .; the Croppe on it, 3li. 10s .; Barne with half an acre & ye Crop, 10li .; 6 acres at 6s., 7li. 16s .; crops, 7li. 4s .; 18 acres, 9li .; fenc to it, 6li .; 9 acres of land, 1li. 16s .; 6 acres of meadow, -; 8 Acres of marsh, -; 13 Acres of Marsh, 3li. 1s. 8d .; 4 Acres of Meadow, Ili. 10s.
Copy of bond, dated Mar. 30, 1639, given by John Lowle of
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John Godfery v. James Sanders. Trespass. For taking away a cow. Verdict for defendant .*
the city of Bristol, glover, to his father Pecephall Lowle of the same city, gentleman. Wit: John Oliver and Richard Dole. Copy made from the Ipswich court files of 1647, by Robert Lord,t cleric. Sworn in court.
Richard Lowell, aged seventy-two years, testified that the meadow in controversy was secured by execution granted his father Parsivall Lowell in satisfaction of a debt due his father from his brother John Lowell, and they had peaceably enjoyed it for twenty-six years. Sworn, June 29, 1674, before Robt. Pike,ț commissioner.
Anthoney Mors, sr., aged about sixty years, testified that John Lowel possessed this meadow until the day of his death. Sworn, June 27, 1674, before Robt. Pike,¡ commissioner.
Jacob Tappan and John Sayor, aged about twenty-eight years, deposed that being at the house of Richard Lowle, they heard Benjamin Lowle demand the marsh of his uncle Richard. Said land was in the old town marshes of Newbury, adjoining An- thoney Mosses' land. Sworn, June 27, 1674, before Robt. Pike, t commissioner.
Richard Dole, aged fifty years, and John Knight, deposed. Sworn in court.
Elizabeth Lowle,t widow, of Newberry, certified, 18 : 10 : 1648, that she had received from the overseers of her husband's estate, her legacy according to order of court, for herself and her two children, Elizabeth and Benjamine Lowle. Wit: Per- civall Lowle,t Margret (her mark) Lowle and Wm. Gerrish.t Sworn by the witnesses, Capt. Willm. Gerrish, aged fifty-six years, and Margaret Lowle, aged about sixty years, on Nov. 6, 1673, before Daniel Denison.t
Thomas Silver, aged about fifty years, deposed. Sworn, June 27, 1674, before Robt. Pike,į commissioner.
*John Godfrey v. James Sanders; trespass, for taking away a cow from said Godfrey upon the highway with violence, and for calling him rogue; dated May 14, 1674; signed by Richard Currier, t for the court; and served by Robert Ayers,t constable of Haverill.
Thomas Whittier, aged about fifty-four years, deposed that he heard John Borback say that he bought the cow in controversy of Henery Jackwayes of Nubry, and had her before James San- ders, etc. Samll. Currier testified to the same. Sworn, June 29, 1674, before Nathl. Saltonstall,t commissioner.
Edward Clarke, aged about forty-five years, deposed that he heard James Saunders acknowledge that he took the cow away + Autograph.
331
RECORDS AND FILES
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Joseph Armitage v. Henry Roads. Review of an action tried at Salem court. Verdict for plaintiff .*
Joseph Armitage v. Hen. Roads. Review of an action for-
from John Godfrey in the highway. Sworn, June 19, 1674, before Daniel Denison.t
James Sandars' bill of cost, 1li. 10s.
Receipt, dated Apr. 2, 1674, given by John (his mark) Godfre of Salem to John Burbanke of Haverhill, for 19li. 10s., which he had received from Joseph Peasly. Wit: Thomas Whittchar and Joseph Peasly. Sworn, June 29, 1674, before Nath. Sal- tonstall,t commissioner, and copy made by him.
John Burbanck's agreement, dated Jan. 19, 1671, to pay to John Godfery for the rent of the two cows he hired of him, three- score pounds of butter per year, for two years from May 1, 1671, said Godfery to find the firkin. Wit: Anthony Somerby and Joseph Palmer. Copy made by Hilliard Veren, t cleric.
Petter Bruer testified that he was desired by John Godfry to help him drive a cow which he had in the street near James San- ders' house, but the latter came at them with a club in his hand and drove them away. Sanders told Godfry he would knock his brains out if he meddled with the cow, and if they would give him leave to go in and put on his clothes, they might have the cow if they could get it away from him. Sworn, May 7, 1674, before Daniel Denison.t
Joseph Pesele and Jebish Hendrickes deposed. Sworn, June 29, 1674, before Nath. Saltonstall,t commissioner.
Jebish Hendrickes testified that Godfry took a cow out of Sanders' pasture, etc. Sworn, June 29, 1674, before Nath. Saltonstall,t commissioner.
Peter Bruer testified. Sworn, June 29, 1674, before Nath. Saltonstall,t commissioner.
James Gorg testified that Godfry offered to bind himself to free Sanders from any damage, etc. Sworn, June 29, 1674, before Nath. Saltonstall, commissioner.
Joseph Peasly and Jabish Hendrick deposed that James San- ders the last winter took a cow of John Berbank to winter for him, etc. Sworn, June 29, 1674, before Nath. Saltonstall,t commissioner.
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