Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5, Part 34

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 34


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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*Writ, dated June 25, 1674, signed by John Fuller,t for the court, and served by William Croft,t constable of Lynn.


Hen. Rhodes' bill of cost, 1li. 3s. 4d.


Copy of Salem court record, 25 : 4 : 1672, in an action of Joseph Armitage, in behalf of the church, against Henry Roades and Mr. Thomas Cobbitt, made by Hilliard Veren, t cleric.


t Autograph.


332


SALEM QUARTERLY COURT


[June


merly tried at Salem, concerning burning of fence. Verdict for plaintiff .*


*Writ, dated June 25, 1674, signed by John Fuller,t for the court, and served by William Crofts,t constable of Lynn.


Joseph Armitage's bills of cost, 2li. 2d. and 2li. 2s. 2d.


Oliver Purchis, aged upward of fifty years, deposed that Mr. Henry Rhoades, now of Lynn, set his fence on the side next to the Iron works very near the line that Capt. Bridges said was his bound, etc. Sworn, 23 : 7 : 1672, before Wm. Hathorne,t assistant.


Capt. Thomas Marshall testified. Sworn, 23 : 7 : 1672, before Wm. Hathorne,f assistant.


Copy of papers in a similar action taken from Salem court of 25 : 4 : 1672, made by Hilliard Veren,t cleric.


Summons, dated June 25, 1674, signed by John Fuller, t for the court.


Henery Rhodes't receipt for satisfaction of an execution, dated July 19, 1672. Wit: Henry Skerry, sr.t and George Keysar. t


The lands of the Right Worshipfull Capt. Robert Bridges, 25 : 11 : 1654, as copied from the town book of Lyn, 20 : 7 : 1672, by Thomas Laughton,f cleric: "All yt pcell of land neere ye feild gate wch belongeth to ye owners of ye Iron workes hauinge ye land of Thomas Wheeler one ye south est side thereof the lands of ye owners of ye Iron workes wch was Bought of mr Knowles one the Northeast side therof & ye Towne comon upon the rockes one the southwest side thereof containinge by estimation fifty Acres, As alsoe yt southermost half part of the fresh meadow yt lyeth one the westerly side of the sd Rockes containinge by estimation fiue acres ye wch sd meadow & upland was bought by the sd Robert Bridges of m' Timothy Tomlins."


Thomas Newhall and Marthew Farington testified that Timo- they Tomlines had four-score acres of land given him by the town of Lyn, forty-five of which he sold to Capt. Robert Bridges, and the rest was called Mr. Knowles' land; that there was no improvement made by fencing or plowing, by Bridges, Knowles, Capt. Marshall or John Andruse, but since then, Henry Roads had fenced it but would not show his title, and also took in a con- siderable part of the town common; that the town obtained judgment against him and he surrendered the side common; that the selectmen measured the forty-five acres and found it from the river joining to Thomas Wheller's land, to a black oak marked upon the hill, which bounds said Roads had often owned to be two of his corner bounds, and from that black oak to a walnut tree, and from this tree to a stump by the field gate going


+ Autograph.


1674]


RECORDS AND FILES


333


to the Iron works, etc. Robert Potter testified to the same. Sworn, 23 : 7 : 1672, before Wm. Hathorne,* assistant.


10 0 12


Jowy us Bord


.if 45 dound istorwent out of is


Copy of deed, dated Sept. 14, 1660, from John Andrewes of Lynn, gentleman, to Henry Roades of Lynn, yeoman, for 39li., 45 acres of land in Lynn, which the town formerly granted to Mr. Timothy Tomlins, bounded easterly by Thomas Wheeler, westerly by the Iron works, northerly by the brook or creek that divides it and the Iron works' land, and southerly by the town common. Wit: Edmond Batter and George Keaser. Ac- knowledged, 28: 9 : 1660, in court. Recorded, 10 : 10 : 1660, by Hilliard Veren,* recorder.


* Autograph.


334


SALEM QUARTERLY COURT


[June


Jacob Allen v. John Conney. Verdict for plaintiff, to be paid in apparel as money .*


Theophilus Baily v. Obadiah Emmins. Verdict for plaintiff.t


Sammuel Johnsont deposed, 19 : 7 : 1672, that he was a witness to the assignment of a deed by Mr. Gifford to Joseph Armitage of Linn, which deed was from Mr. Knowles to Mr. John Bex & Co., of the Iron works, etc. Sworn, 20 : 7 : 1672, before Wm. Hathorne,¿ assistant.


Eleazer Rhodes, aged about thirty years, and Samuell Rhodes, aged about twenty-eight years, deposed that their father and Mr. Purchas ran the line and the fence was put up in 1664 or 65. Sworn, 19 : 7 : 1672, before Wm. Hathorne,# assistant.


Mr. Nathaniell Handforde, Eliezer Rhodes, Samuell Rhodes, Andrew Mansfeild and John Burrall deposed. Sworn, 19 : 7 : 1672, before Wm. Hathorne,¿ assistant.


*Writ: Jacob Allen v. John Conney; non-performance of covenant; dated May 28, 1674; signed by Jonath. Negus, } for the court; and served by Returne Waite, ¿ marshal's deputy. Bond of John Conney.#


Letter of attorney, dated June 9, 1674, given by John Conney, § of Boston, cooper, to Leift. Richard Way of Boston, cooper. Wit: Bozoun Allent and Returne Waite.į


Indenture, dated Apr. 3, 1666, given by Jacob Alline, son of Hope Alline of Boston, currier, who of his own free will and with the consent of his father, put himself to John Conney of Boston, cooper, to learn the trade of a wine cooper, and to serve for seven years from May 1, 1666; at the end of his time he was to have two suits of apparel, one for work and another for Lord's days, also four new shirts, two new pair of shoes, one cooper's ax, an adze and a handsaw. Wit: Hope Alline,¿ John Bushnellį and William Pearse, ¿ scribe. Sworn, June 17, 1674, by Hope Allin, before Thomas Clarke, į commissioner.


Bill of cost, 1li. 8s. 6d.


+Writ: Theophilus Baylly v. Obadiah Emmins; forfeiture of a bond; dated May 20, 1674; signed by John Fuller,¿ for the court; and served by Rich. Wayte,¿ marshal of Suffolk, by attachment of the dwelling house and land of defendant in Boston.


Theophilus Bayly's bill of cost, 1li. 8s. 8d.


Bond, dated 25 : 6 : 1671, given by Obadiah Emons of Bos- ton, cordwainer, to Theophilus Baily of Linn, for 10li. Wit: Zakrius Phillipsį and Samuell Emons .¿ Sworn by said Phillips, June 25, 1674, before Tho. Lake,¿ commissioner, and by said Emons, June 27, 1674, before Edward Tyng,¿ assistant.


#Autograph.


§ Autograph and seal.


335


RECORDS AND FILES


1674]


The selectmen of Lyn, in behalf of the town v. John Ottaway and Joseph Edmonds. Review of a case tried at Salem in June, 1673. Withdrawn.


Mr. Ed. Batter v. Ruth White, administratrix of the estate of Tho. White, deceased. Debt. Verdict for plaintiff .*


Mr. Daniell Epps v. Mr. Wm. Quarles. Verdict for plain- tiff.t


*Writ, dated 21 : 4 : 1674, signed by Hilliard Veren,¿ for the court, and served by Henery Skerry,¿ marshal of Salem. Bond of Ruth Whit.}


Bond, dated Apr. 13, 1671, given by Thomas Whitet of Wen- ham to Edmund Batter of Salem, for 4li. 5s., to be paid in corn, pork or pine boards. Wit: William Fisket and John Smith.} Sworn in court.


Edmund Batter's bill of cost, 1li. 3s. 7d.


Copy of the records of Ipswich court in a similar action, Mar. 25, 1673, made by Robert Lord,# cleric.


Copy of the account of debts of Tho. White's estate, taken from the Salem court files of 27 : 4 : 1673, by Hilliard Veren,} cleric.


Henry Skery, sr., aged about seventy years, deposed concern- ing collecting the debt due from White's estate to Batter. He delivered the bond in court to Walter Fairefield, etc. Sworn in court.


+Writ, dated May 22, 1674, signed by Robert Lord,¿ for the court, and served by Robert Lord,¿ marshal of Ipswich, who committed Mr. William Quarles to Ipswich prison, where The- ophilus Wilson, prison-keeper, took a bond for him.


Daniell Epps'sį account with Mr. Quarles, dated July 1, 1674: Received of Mr. Quarles in Jan. and Feb. 1667 by two 50li. bills in England for which I allowed him 120li. upon account of the 340li., and 60li. by bill to Mr. Bishop, allsoe in bookes and a voyalle, 5li. 11s. 2d., 185li. 11s. 2d., for which wee reckoned and I gave him a discharge before Oct. 26, 1668; in 1668 and 1669, when all was balanced I had received more 6li. 2s. 9d .; then I received 1li. 5s., by 10 yd. canvis for which I gave him receipt; Dec. 31, 1669, by a bill of Mris. Whipples, principall and intrest, 43li. 4s .; a bill to Cornet Whipple in mault, 8li .; Feb. 2, 10 bush. of barley at 4s. 6d. per bushell, 2li. 5s .; May 2, 1670, by a cow at 4li. 3s .; total, 250li. 10s. 11d .; The 32li. which I should have had in England according to his engagement, besides the 100li., I was to allow according to six score for the hundred and give him credit for 38li. 8s., upon the 340li. account, but said Quarles wrote to England presently for the 32li. for his own use utterly


# Autograph


336


SALEM QUARTERLY COURT


[June


against my will and let it come over in such goods as he sent for, and I humbly conceive according to law I am to have the said 32li., according to sphece with damage and the rest allsoe in maner or sphece which with damage, is 6li. Ss., being added to the 32li.


Letter of attorney, dated 27 : 3 : 1674, given by William Quarles* of Ipswitch to John Pickard of Rowley. Wit: James Dickinsont and Nehemiah Jewett.t Sworn, by the witnesses June 29, 1674, before Daniel Denison.t


Bond, dated May 25, 1674, for William Quarles' appearance, signed by Nathaniel Adamest and Ephraim Fellows,t both of Ipswich, husbandmen. Wit: John Leet and Samuell Adams.t


Bond, dated Jan. 13, 1667, given by William Quarles,* of Ips- wich, gentleman, to Daniell Epps, of Ipswich, gentleman, as an obligation in a deed of the same date, for 340li., to be paid in money, corn, wheat, malt, Indian corn and pork. Wit: Sam- uell Symondst and Daniell Epps, jr.t


William Quarles affirmed, 27 : 3 : 1674, concerning a bargain with Mr. Daniell Eps, sr., for 60 acres of land he sold said Quarles in the latter's non-age: "I was to my best remembrance & as I then reported but about twenty years of age; and Letters from my freinds Confirmed me that I was rather under then above: when he drew me to bargon wth him which I shall relate as followeth: I being gon from ye worshipfull Mr Symonds his house, where I served my time, to the eastward, where I lived above a year, I was sent to by Mr Symonds & Mr Dl. Eps sen" both their sons comeing to me in their name, & acquainted mee that there was Intelligence Come from England of Estate viz. Monies ready to be payed mee upon sending for: I being setled there was loath to Come away with them, but by their Impor- tuneing of me I Consented, & Came along wth them: & when I came to m' Symonds his house there was two or three Letters delivered mee, & all of them opened before I Received them (but by whome I know not) soe yt others did know or might have knowne what was in them: which when I had perused, I found it as they had Informed me Ready upon sending for, in monie about 2001i. Soone after Mr Eps proferd to sell me Land towards wenham, wth respect to pay in England in monie &c. which Land when I saw I told him I would nott live on it If he would give it mee: The next morneing seing I would not buy that, he solicited mee to buy another peice, wch was yt I now live on: about three score acres which he valued to me at four hundred pounds: I was Indisposed to medle wth it, & went away & left him: Emediately M' Eps & his wife followed me to Mr. Symonds his house, & desired me to take it, using many persuasive arguments & sayd they would abate sixty pounds of 4001i I told them I was not able to purchas it: they replyed,


* Autograph and seal.


* Autograph.


337


RECORDS AND FILES


1674]


John Godfery v. Abraham Whittaker. Debt.


Mr. John Ruck v. Ensigne John Gould, Samll. Leonard and Nathll. Leonard. Verdict for plaintiff, twenty hundred of bar iron .*


Mr. Symonds would give such a Testimony to my uncle, as would Incouradge him to pay for me, & sayd he was a man of Ability to doe it p me: I being sencible yt I was young, & under- stood not what belonged to the buying of Land, I did wth stand his motion: But they still pressing wth such great urgency, I knew not what to doe or how to say them nay, but Consented to give them the sum of 340li as they valued it, & desired: forth wth there was writings made, bill & Bond given, & all within two or three days. This being in winter the next spring I occu- pied the same & soe Continued to emprove, but found it to be quite otherwise then Mr Eps had Informed mee, for he told me If my uncle would not pay the remaynder, for the land, the Land itself would produce enough to pay the same (which was eight score pounds) in three years time; but I haveing Continued on it til I had two Cropps, & began to vnderstand how I was over- reached by him in the bargon, I proffred m' Eps three score pounds to release mee of the same: Mr Eps replyed If he had the mony by him, he would take it againe." Sworn before Daniel Denison.t


Thomas Loveell & James Chewte deposed, June 22, 1674, that three or four years since, Mr. Epps procured the latter and Mr. Quarles, the former, to measure a parcel of land, which they did, on the northeast side next to Mr. Epps, and found about seventy acres, with thatch banks. Sworn, June 22, 1674, before Daniel Denison.t


Bill of costs, 1li. 17s. 9d.


Theophilus Wilson deposed that when Mr. Quarles was in prison, the latter told Mr. Epps that he would give his whole farm as security, but Epps said that half would do. Then Quarles said he would not do it and went away and later took Nathaniell Adams and Ephraim Fellows on his bond. Sworn, June 26, 1674, before Daniel Denison.t


*Writ, dated 18 : 4 : 1674, signed by Hilliard Veren,t for the court, and served by Henery Skerry,¡ marshal of Salem.


Mr. Ruck's bills of cost, 1li. 9s. and 1li. 18s. 4d.


Bond, dated Oct. 15, 1673, from John Gouldt of Topsfield, Samuel Leonardt and Nathanel Lenardt of the Iron works in Rowly village, to John Ruck of Salem, merchant, 30 C. in bar iron, to be delivered at said Ruck's house, he paying for carting, on account of Mr. Henery Lennard. Wit: Hilliard Veren, jr., t


+ Autograph.


338


SALEM QUARTERLY COURT


[June


John Ballard v. Hen. Roads. Verdict for plaintiff, to be paid in fish .*


Phillip Nelson and Sara Jewett, attorney to her husband Jeremiah Juet, executor of the last will of Joseph Juet of Rowly v. Bozoone Allen of Boston, tanner, son of Capt. Bozoone Allen of Boston, deceased, and legatee of an estate befallen him, which was to be paid by Joseph Juet, his executor. Court declared the letter of attorney from Jere Juet to Sara, his wife, referred to the premises and was not understood to give larger power, therefore court did not see cause for the action to proceed.t


and Benjamin Gerrish.# Sworn, 28 : 1 : 1674, before Wm. Hathorne,# assistant.


*Writ: John Ballard v. Henery Roods; for not delivering to Capt. Curwin four quintals of fish, as appeared by his note to William Nick; dated June 24, 1674; signed by John Fuller, # for the court; and served by John Ballord,# constable of Linn, by attachment of land adjoining defendant's water mill.


John Ballard's bill of cost, 1li. 6s. 6d.


Henery Rhodes'į order to Goodman Nicke to deliver the fish as he engaged to do with Mr. Curen's man, Mr. Bowdites.


William Nick, aged forty-two or three years, deposed that in weighing time in June, 1673, Mr. Rhodes and John Ballard, with Capt. Corwin's man, Mr. Buridge, came to deponent. Ballard was told that the fish was ready in deponent's stage, the little stage, but Mr. Buridge would not receive it then because it was evening and the weather damp, but said he would come the next fair day. But no one ever came for it and the fish spoiled, etc. Mr. Rhodes would have had said Ballard receive the fish, saying it was ready, "& hee sd it was all one skipper, nix will deliuer it, & I haue don with you." Sworn in court.


John Pederick, aged about forty-eight years, testified that the fish was in good condition. Sworn, 30 : 4 : 1674, before Wm. Hathorne,¿ assistant.


+Writ: Jeremiah Jewet and Phillip Nelson, executors of the estate of Joseph Jewet of Rowley, deceased v. Mr. Edward Rawson of Boston, the only surviving overseer and ample agreer with Joseph Jewet, deceased, in articles dated Apr. 30, 1653, and of Bozoone Allen of Boston, attorney to said Rawson; review of an action tried at Boston county court in April last, concern- ing forfeiture of a bond of 1,500li. dated May 10, 1653; dated 11 : 4 : 1674; signed by Shu. Walker,¿ for the court; and served by Neh. Jewett,¿ constable, and deputy for Simon Stace,# con- stable and Rich. Wayte,¿ marshal of Suffolk.


# Autograph.


339


RECORDS AND FILES


1674]


Abraham Perkins v. John Cutt, jr. Verdict for plaintiff .*


Writ, dated 11 : 4 : 1674, signed by Shull. Walker,t for the court, and served by Rich. Wayte,; marshal. Bond of Edward Rawsont and Bozoun Allen.t


Edward Rawson's bill of cost, 1li. 8s.


Bozoone Allen's bill of cost, 3li. 4s.


Copy of Sarah Jewett's notice to Rawson and Allen of the withdrawal of the suit, dated 23 : 4 : 1674, and witnessed by John Pickard and Neh. Jewett.


Sarah Jewet'st notice, dated 11 : 4 : 1674, to Mr. Edward Rawson and Bozoone Allen of the withdrawal of the suit. Wit: Shu. Walkert and Neh. Jewett.t


*Writ: Abraham Perkins v. John Cutt, jr., of Portsmouth; for, he having been shipped master of the ketch Dove, 29 tons burthen, for a voyage to the Barbadoes and return, not per- forming the same, but reports he has sold the ketch at Barbadoes for 250li. in silver, without any order; dated June 11, 1674; signed by Robert Lord,t for the court; and served by Obadiah Mors,t constable of Portsmoth, who delivered him to Abraham Perkins to hand over to the prison-keeper at Ipswich.


Letter of attorney, dated June 20, 1674, given by John Cuttt of Portesmouth, Piscataqua, merchant, to Daniel Epps of Ipswich, gentleman.


Abraham Perkins' bill of cost, 3li. 12s. 9d.


Bond, dated June 19, 1674, given by William Hubbard,t teacher of the Ipswich church, for the appearance of John Cutt, jr.


Bill of sale, dated Nov. 3, 1673, without signature and wit- nesses, given by John Burnam, jr., of Ipswich, carpenter, to John Pumery of Salem, mariner, for one-half of the new ketch called the Dove, built at Chebacko in Ipswich, of about 30 tons burthen, also half of the masts, sails, sailyards, anchors, cables, ropes and cords, the long boat, etc.


John Pumroy, aged about thirty-eight years, testified that the foregoing bill of sale was agreed upon but he desired to relinquish the bargain because when he came to measure the ketch, he found she would not carry above thirteen or fourteen ton in Barbados cask and he was afraid he and Abraham could not agree. He judged the whole catch to be worth not over 120li. in money. Sworn in court.


Edmund Marshall,t aged about twenty-six years, deposed that he and his brother Benjamin built the ketch Dove for Abra- ham Perkins and John Burnham, for 3li. 5s. per ton, and they stand ready to give a bill of sale of it whenever desired. Sworn, June 29, 1674, before Daniel Denison.t


Jacob and Luke Perkins, aged twenty and twenty-five years, t Autograph.


340


SALEM QUARTERLY COURT


[June


respectively, deposed. Sworn, June 29, 1674, before Daniel Denison .*


Samuel Wilson, aged about twenty-four years, deposed that Abraham Perkins shipped him for the ketch Dove, and he was to live with him one whole year upon the same account. Fur- ther that deponent put himself out of the way of any other em- ployment, waiting at least one month or six weeks, and said Perkins told him that he expected the ketch home by the latter end of March, 1674. Sworn before Daniel Denison .*


Charter party, dated, Portsmouth, Sept. 7, 1673, between Abraham Perkins, owner of the ketch Dove of Ipswich, 29 tons, and Richard Martynt of Portsmouth, merchant, the said owner have "fraight letten" to the said merchant the ketch "for a voyage wth her to bee made by gods grace in manner & forme following (That is to say) The said owner Covenanteth granteth & agreeth to & wth the said merchant his factors & Assignes by these psents: That ye said ketch shall bee compleatly fitted wth all her tackell & Apparrill & wt ever is convenient for her for such A voyage wth an able master & three sufficient Seamen more for her and all such puision as shall bee needfull for her: And shall bee readie in the Riuer of Pascataque to take in such loading of fish in casque: packt casque mackrill & oyle, as the said Mercht. Shall See meet to load her with at or before the last day of october next ensuing the date hereof And that the sd ketch shall as soone as shee is loaden by sd mercht his Factors or Assignes wth the first faire wind & weather make sayle from thence towards & vnto the Island of Berbados vnto Carlisle bay where shee shall bee wth all convenient speed discharged from her said service & Imploymt," and the said owner was to receive 600li. of Muscovadoe sugar for every ton carried for said mer- chant to be paid within ten days after she be unloaded, also he was to have liberty of two tons freight, and the owner and mer- chant bound themselves in 200li. to have the covenant fulfilled. John Burnum,* part owner, also agreed to the indenture. Wit: Thomas Harney* and John Cutt .*


Account, dated Barbados, Feb. 14, 1673-4, of freight sent to Barbados in the ketch Dove of Ipswich upon account of Mr. William Hubbard and Mr. Abraham Parkings of Ipswich, signed by John Cutt *: Dr. to wages for myself in the Dove from Nov. 21 to Feb. 16, at 4li. per month, is 10li., in sugar at 8s. 4d. p, 2,400li .; to wages paid Jos. Sharbron from Nov. 21 to Jan. 29, at 35s. p month, 3li. 15s., in sugar 906li .; to wages paid Lewes Colle from Nov. 24 to Jan. 29 at 34s. per month, 3li. 12s., in sugar 864li .; to wages paid Christopher Cose from Nov. 21 to Jan. 29, at 35s. per month, 3li. 15s., in sugar, 906li .; to boat hire for lading the ketch, 1s. 8d., in sugar 216li .; to entering in the Secretary and Navy office, 12s. 6d., in sugar 150li .; to


* Autograph.


¡ Autograph and seal.


341


RECORDS AND FILES


1674]


gunpowder, 14 pounds, at 1s. 6d. p., in sugar 252li .; to abate- ment of your freight for damage of fish by defect in the ketch's deck, in sugar 600li .; to my expense and charge, in sugar 500li .; to 2 hhds. sugar, 1,670li .; to the duty of your sugar at 4 1-2 per cent., 75li .; to hh. for sugar, 250li .; total, 8,789li. sugar; to wages for myself from Feb. 16, 1673 to Apr. 16, at 4li. per month, Sli. Cr., by freight of 8 hhs. 34 quintals of fish in bulk being con- signed to Mr. John Johnson at the rate of 600li. sugar per ton, in sugar 2,230li .; by freight of 8 hhs. consigned to Mr. Tho. Stockom at 600li. sugar per ton, 1,200li .; by freight of sundry goods sent to Mr. Parret at 600li. sugar per ton, 2,700li .; by freight of 10 quintals of fish consigned to Mr. John Vaux at 600 p ton, 300li .; by freight of 30 quintals of fish in bulk con- signed to Mr. John Johnson at 600li. sugar per ton, 900li .; by freight of 30 quintals of fish in bulk consigned to Mr. Strowed, at 600li. of sugar per ton, 900li .; by freight of one bb. of oyle, 3-4 C. of hgd. staves, 55 pipe staves, 100li .; by freight of 4 hh. consigned to Mr. Banster, 600li .; total, 8,930li. sugar. Due to balance, 141li.


Bond, dated July 19, 1673, of Abraham Perkins* and John Burnum* for the payment of the cost of building the ketch. Wit: Benjamin Marshall* and Edmond Marshall .*


Benjamin Marshall deposed that being at the house of Abra- ham Perkins the evening before he intended to go out with the Dove, he heard Mr. Huberd ask said Perkins whether he would sell his part of the ketch. Perkins answered that he built her for his own use and had put himself out of his other employ- ment to go in her, and therefore would not sell, though he could have more than she was worth for he liked her so well. Sworn, June 29, 1674, before Daniel Denison .*


Edmond Marshal and Benjamin Marshall, aged respectively twenty-six and twenty-four years, deposed. Sworn, June 24, 1674, before Daniel Denison .*


John Burnam, aged about twenty-seven years, deposed. Sworn, June 25, 1674, before Daniel Denison .*


Francis Wainwright deposed that Perkins said he would sell his half for 80li., Jno. Burnum, jr., having sold his half to Hub- bard for 70li. Sworn, June 29, 1674, before Daniel Denison .*


Daniel Hovey deposed that in his own house and in Abraham Perkins' house, he heard said Perkins say that he was not pleased with the sale of his ketch. Sworn, June 30, 1674, before Daniel Denison .*


John Rennerrik deposed that at his house, etc. Sworn, June 30, 1674, before Daniel Denison .*


Artor Arbit, aged about thirty-five years, deposed. Sworn, June 16, 1674, before Daniel Denison .*


Luk Perkins, aged about twenty-five years, deposed that he * Autograph.


342


SALEM QUARTERLY COURT


[June


Daniell Wicum v. John Pickard. Slander. Verdict for plain- tiff .*


was at Porchmouth when his brother Abraham Perkins demanded the ketch of John Cutt, who said that Mr. Hubard gave him order to sell her at Barbadus, etc. Sworn, June 29, 1674, before Daniel Denison.t


John Perkins and Elizabeth, his wife, deposed that Mr. Hub- bard wrote Cutt a letter, etc. Sworn, June 27, 1674, before Daniel Denison.t


*Writ: Daniell Wicum v. John Pickard; slander; for saying that he went with John Acie into Goodman Lever's house in the night time when the said Lever was in bed and took several writings out of his house and would not let him have them again; dated June 24, 1674; signed by Robert Lord,t for the court; and served by Jeremiah Elsworth, t constable of Rowley.




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