USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 7
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Robart Potter and Sarah Whood, his servant, testified as to Sallmon's being at Hathorne's disguised with drink. Sworn in court.
* Francis Burrill,t Robert Driver, sr.,; Thomas Townsend, t Henry Collins, t John Collins,t Henry Collins, jr.,} William Bassett,t John (his mark) Tarboks, sr., Joseph Collins,t John Newhall,j Edward (his mark) Irsone and Andrew Mansfeildt t Autograph.
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of Lynn, petitioned, June 25, 1672, to Salem court, against John Hathorne: "As being agreiued that the greate name of god should soe suffer, by his suffering such abuse in his house, by Letting both English & Indions haue too much strong drink, not with- standing the pvision, & conscienciouse care of our godlye rulers to prevent the same: which practise makes greatlye to the dis- honor of god, bringing guilt of sin: & Consequently the judgmts of god. - wee therefore, not onelye Uppon a Comon fame of such abuses at his house, but some of us have been eye & care wittnesses to the sad Complaints with teares of some poore women, touching their husbands frequenting of that house, to the misspending prsciouse tyme, wasting their estates & ex- poseing their familyes to sufferings through want, & others of there Feares of them selues & children by reason of the Indions being soe frequentlye distempered with strong drinke, & this hath not onelye been a comon fame, of that house formerlye but still is, notwithstanding the godly counsell, & advise of his freinds to the Contraye."
William Clarke* testified that Goodwife Sallmon had com- plained much of this man to him, that he had suffered her hus- band to spend so much there to her grief.
Samuel Whiting, sr.,* testified that many Indians had been much disguised with drink in town, etc.
Thomas Laughton,* Thomas Marshall,* John Fuller,* Mathew Farington,* Thomas Farrar,* John Burrill* and Thomas New- hall,* selectmen of Lynn, petitioned the court, 24 : 4 : 1672, that the abuses at John Hathorne's might be stopped.
Robart Borgis deposed that at the last hay time he called on an Indian to help in the work, and he found him at John Hath- orne's with a noted Indian called John Robins, drinking. When deponent asked him to come to work, he said bye and bye, and when he came he was disguised with drink. He said, "my hed no well. no work to daye," and that he had one pint of liquor for which he paid a shilling at John Hathorne's. Sarah Burgis testified to the same. Sworn in court.
Sarah Burgis further testified that she was a near neighbor to John Hathorne, having recently come to live there, and she had seen during the past summer several Indians come to her house so disguised with drink that she was afraid of them. One lay asleep in her yard several hours and she had heard several women say that they were afraid on account of so many Indians being about. Sworn in court.
John Hathorne's bill of cost, 1li. 18s.
Ebenezar Hathorne and Marah Hathorne deposed that about the middle of last June when their father and mother were gone to see their brother John at Mr. Cutts', there were some Indians in the house who desired some drink but they did not let them
* Autograph.
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have any. At length, the Indians being in the other room, John, son of Thomas Newall, came to deponents with some money in his hand for a quart of beer and had it, it was understood after- wards, for the Indians. They refused to give him a half pint of wine. Deponents declared that the Indians had as much or more frequented Robert Potter's, for many times when the Indi- ans were passing, said Potter's wife would call them in, and when they sat upon the green she would go and sit with them. Scores of Indians went by Potter's gate in the summer that never went into Hathorne's house, and as many came from toward Capt. Marshall's, disguised with drink, some of whom had come into Hathorne's house, and their father had turned them out, not only Indians, but English. Some of them said they came from John Gillo's house where they had cider. One came from thence in such a condition that their father beat him out of the house with a stick and the Indian went to their sister Shours' house and so frightened her that their father went over to see, but the Indian was gone. Sworn in court.
Robart Potter testified that he saw an Indian cutting wood at John Hathorne's door sober, and about an hour after saw him go up and down the street staggering and making a noise and he fell down. This Indian was in the stocks the next day for being drunk, the constable said. Ruth Potter testified to the same, and that he could not keep in the cart way. Sworn in court.
Robart Potter testified that about nine o'clock one night as he was passing John Hathorne's house, the door being open, he went in and saw two Indians at the table, with Hathorne standing be- side them. There were two or three pots before them and one of the Indians had a gill in his hand. Deponent asked Hathorne why he allowed Indians there at night, and told him he was afraid they would do some mischief. "on of the Indions Called John Robins dronke onto me and I did drinke of the cup as the Indion gave me: and the drinke was likors and he saide Take a nother and then you no Tell I saide that shood not hindor me for Telling and after a few words went ought the next morninge I did heare that thare was a Indian Taken by the wach that night and Cared onto the Constables: I did aske the Constable what Indion It was as the watch brought onto him: he Tolld me it was one John Robins: and he toolld me that the Indian had three bottells of likors abought him," etc. The Indian owned to deponent that he was the one who drank to him. Sworn in court.
Ruth Potter testified that at another time they saw several Indians go into Hathorne's brewhouse and some into his orchard. And John and his son Ebenezer took liquors to them and when they came out they were drunk. Hathorne said that their money was as good as others'. Sarah Hood testified to the same. Sworn in court.
John Tarboks deposed that he and Henery Stacey were the
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Zacheus Curtis, the elder, and Zacheus Curtice, the younger, and Zachariah Curtice, Abraham Redington, jr., and John Ever- itt, being complained of for smoking tobacco in the meeting house at Topsfeild, in the time when most of the people were met on a Lord's day, to the great offence of the assembly, were admonished and ordered to pay the witnesses, Ed. Bridges and John How .*
watch and met an Indian near Thomas Newhall's house, coming from John Hathorne's, where he said he had his liquor, etc. Sworn in court.
Robart Burgis and Thomas Newhall testified that as they were going into town on June 17, in the afternoon, they saw the Indian and saw him put in the stocks near the meeting house. The constable told the Indian if he would tell where he got his drink, he would let him out and he said that he bought it at Hathorne's when the latter was in Ipswich. Sworn in court.
Samuell Hart, constable, aged about fifty-one years, deposed. Sworn in court.
Sarah, wife of John Hathorne, deposed that the Indian came into the house drunk and she being alone was afraid of him. She took up a pair of tongs and got him out of doors, and she sold him not one drop of drink that day. Sworn in court.
Samuell Hart deposed that Thomas Looke declared that part of the testimony that he made oath to, he had never heard read, and that when Robert Potter read it to him, he did not read the clause relating to Daniell Salmon. John Hathorne said, "good- man looke if he did not read true yet my brother Major Hath- orne did read it euery word," to which Looke replied, "there was such a noyes in Capt. Marshals house that he could not well heare & beleiueing that potter had read it wright before he did not take so much heed." Sworn in court.
John, Sarah and Ebenezar Hathorne deposed. Sworn, June 27, 1672, before Daniel Dension.
Thomas Stocker deposed that the Indian owned that he did not know what he said when he was in the stocks. Sworn in court.
John Davis, aged about thirty years, deposed that he had seen Indians drinking from a silver cup in Hathorne's house.
Joseph Collings testified that he had seen Indians there drink- ing rum, who asked him not to tell.
Margarey Sallmon testified that her husband had spent his money at Hathorne's house, "and when nothing was to get, he gott ouer howse and land." Sworn in court.
John Newhall and Henery Trevitt deposed. Sworn in court. Jonathan Shoare and Ebenezur Hathorne deposed. Sworn, June 22, 1672, before Daniel Denison.t
*John Everard acknowledged, 26 : 4 : 1672, that he smoked in the meeting house with other company, but as soon as he was
+ Autograph.
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Bill of cost, against "ould cortis and his sonns," 1li. 3s.
Mr. John Hathorne was allowed cost in an action which Robert Potter did not prosecute against him.
Bills of cost were allowed Robert Potter and John Hathorne.
Court ordered that George Keaser be released from common training, provided that four of his sons attend common training.
Joseph Armitage, Richard Hutton and John Upton engaged to pay the county treasurer 40s. for said Armitage's fine, and also to pay the prison keeper.
Fined by Major Hathorne since 9 mo. 1671:
Jonathan Hart and his wife, for uncleanness.
Jno. Sothwickes son and daughter, for uncleanness.
William Smith, for pushing his wife.
John Floyd, for stealing.
Nathanll. Hun, for abusing the constable.
Nicholas, Mr. Cromwell's man, for excessive drinking.
Tho. Lyon, for stealing the second time.
Tho. Pidgen, for being drunk.
Mr. Theoder Price dying intestate, court granted administra- tion of his estate to Capt. Walter Price, his father, and Ann, his wife, who brought in an inventory* of his estate. The estate was ordered according to an agreement drawn up by the parties concerned, as follows: that Anna, the widow, should have 80li. for her own use, she giving said Walter a discharge for her thirds; that said Walter should take into his care and bringing up the eldest daughter of deceased, Elizabeth, who was to have 60li. at age or marriage; that said Anna should bring up the younger daughter Anna, who was to have 60li. at age or marriage; the administrators were to give security for the childrens' portions, and if either child died, her portion was to be divided between the surviving child and the mother; that the widow should have all debts due the estate.
spoken to he put out his pipe, and is sorry that he should have given offence. He was so lame that he could not go to court at this time.
*Inventory of the estate of Mr. Theodore Price, taken Apr. 10, 1672, by Hilliard Veren, sr.,; and Edmond Batter :; Dwelling house and half an acre of ground, adjoining, with the outhousing, 160li .; a still with a worm, 10li .; pewter, a feather bed & bol- sters, 2 pillowes & beers, a Rug, 3 blanketts, 1 pr. sheets, with * Autograph.
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The town of Marblehead presented for defect in the highwaye between the town's end and the place called the new bridge, was ordered to make the waye good by the next Salem court or pay a fine.
Robert Pike of Marblehead, presented for living from his wife, gave the court satisfaction and was dismissed .*
bedsteed, curtaines & vallens, rods, rope mat & flock Bolster, 10li .; a truckle bed, bolster, rugg, 1 pr. blankets, 1 pr. sheets & appurtenances, 2li. 15s .; a square table & 6 Joyne stooles, 1li., 5s .; a round table, 10s., 8 leather chaires, 3li. 10s .; 14 chairs old & new, 16s .; 5 Cushions old & new, 7s .; a looking glass & 3 or 4 other bottle glasses, 16s .; a case of bottells, screw bottells, 15s .; 2 old pillowes & cases, 10s .; firepan, tongues, bellowes, 2 Haukes, 10s .; a lock of gold, 5li. 10s .; a sleeke stone & brushes, 2s .; 2 small bibles, a written book of mathamatix & 2 or 3 old small bookes, 1li .; 6 silver spoones, wine cupp, waying 9 ounces, 2li. 14s .; a hand screene, Is .; in the chamber, a feather bed & bolster & pillowes & 1 pr. Sheets, rugg, 1 blankett, greene cur- taines & vallens & pillows, bedsted & appurtenances, 10li .; 4 pr. sheets, 50s .; 2 pr. pillowbeers, 8s .; 1 doz. ozenbridg, napkins & cloth, 2 dozen & 7 of most worne napkins & 6 cloathes, 2li. 10s .; 10 towells, 5s .; 6 bands & 2 or 3 old ends, 5s .; 5 shirts & 2 pr. drawers, 18s .; 6 capps & 9 neck cloathes, Ili. 6s .; 1 pr. Andirons, firepan, tongues, 12s .; a smale looking glass, 12d .; a trunk, 7s .; a chimey cloath, 5s .; 4 boxes, 10s .; a powdring tub, 2s .; som belly peeces & collers & som thred & som other trifles, 2s .; a pr. pis- tolls & holsters, 1li. 10s .; about 7li. cotten yarne & 7li. flax yarn & cotten wooll, 1li. 8s .; 1 pr. cards & old baskett, 1s. 6d .; a quadron & gunters scall, 6s. 8d .; his wearing apparell, 7li. 10s .; a hatt, & 7 pr. of stockens with a chest, 1li .; in the kitchin, 2 Iron potts & pot hoockes, 12s .; a frying pan, spitt, chafing dish, 5s .; warming pan, Ss., brass Kettell, 1li. 13s .; latten ware, 4s. 6d .; skillets, scumer, ladle & candlesticks, 14s .; pewter, 4li. 10s .; earth wt. ware & red ware, 10s .; Trenchers & dripping pan, 2s. 6d .; old butts, barrells, tubbs, & other lumber, 12s .; in cash, Rec. of William Hathorne, 1li. 10s .; the neager, 10li .; a hhd. of suger, 7li .; total, 260li. 1s. 2d. Also a belt, 5s. Estate debtor, to W. Price, 90li. 17s. 4 1-2d .; to Jno. Neal, 2li. 10s .; to New meeting house, 1li .; total, 94li. 7s. 4 1-2d. The pis- tolls not being sould is abated 6s.
*Phillip Searls, late of Ottery St. Mary, in the County of Dev- on, in England, clothier, aged about thirty-eight years, deposed that "Robert Picks wife of Marbellhead who is Called and knowen by the name of Grace Picke and Liueth in Ottery St. Mary * Autograph.
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abouesd hath in this few late yeares brought seutall Leeters to this depont which Came from her husband Robert Picke out of Newengland and hath Requested, and desired this depont to read them for her in which Leeters this depont did see and read seurall kind Inuitations for his wife and family to Come to him: And father this depont sayeth that hee alsoe read a Leeter sent by the sd Robert Picke to his wife Grace Picke aforesd wherein the sd Robert had taken order by one Mr Robert Barker of Way- mouth to bring ouer his wife and Chilldren and alsoe to supplie them with what money they wanted for the voyage And farther this depont sayeth that hee hath heard the sd Robert Picks wife often say that shee would neuer Com to him Notwithstanding all his care and prouission hee did still make for her Coming ouer And farther this depont sayeth that the sd Robert Picks wife is Reputed to be a verey Loose woman in her life and Con- uersation And to this depon's knowledge shee hath beene brought before a Justice of the peace in England for keeping a widdow man soe frequent in her house." Sworn, Nov. 10, 1671, before Edw. Tyng,* assistant.
Eneas Salter of Ottery St. Mary, mason, aged about forty-one years, deposed that Robert Pick's wife often asked him to tell her husband when deponent came to New England that she was married to another man. Also that she said to Mr. Lad that she would not come over, neither should his son go unless Mr. Lad brought a special order to take her son from her. Sworn, Nov. 10, 1671, before Edw. Tyng,* assistant.
John Robins, aged about twenty-three years, deposed that he was lately in England and having been desired by Robt. Pike to look up his wife, he accordingly did. "finding ye house in ye towne by inquiry hee knockt at ye doore & att last came downe stares a wooman wch he soeposed to bee his wife as soe appeared and this depont asked if Robt Pike did not liue heare shee made answer yt formerly hee did butt where hee is now she could not tell: this depont made answer yt then lately he did see him and yt hee was uery well: she shortly made answer If hee were well hee would doe well to keepe himselfe soe: & she went away from me psently I not liking her discource had noe minde to goe in to her house and this depont saith furder as hee was walking in ye path hee mett a man wch inquired of mee If I knew Robt Pike, I said I knew him & yt hee was well, butt he made answer hee heard yt hee was maried againe; butt I made answer noe It was not soe: and this depont saith yt hee told him he had heard his wife keept another man Company: then this man was uery angry for It appeared this was ye man: & hee said hee liued in ye house wth her and would as I soepose haue delt uery angerly by mee by his language & demeaner." Sworn in court.
* Autograph.
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Allexander Steward, for sailing from Gloster on a Lord's day, was fined .*
Michaell Long, for setting sail from Gloster on a Lord's day, was fined .*
The servants of the house were allowed 7s. 6d., and 18d. to the servants of Mr. Gedneye.
Moses Maverick, aged about sixty-two years, deposed that about the year '51 or '52, deponent having discourse with John Bartle, deceased, "about the house was then building, I asked him for whome hee built it, his answer was that he bought ye ground of John Deuorix and was building the hous for Edmond Chapman, & his daughter Joan whoe was then to be married." Sworn in court.
Parnell Bartoll, wife of John Bartoll, deceased, aged about seventy years, deposed that "I euer understood by my husband that ye house was built for my daughters portion wch was to be married to Edmond Chapman." Sworn in court.
William Charles, aged about seventy-seven years, deposed that "old Goodman Bartoll & my selfe was ouer uppon the Island
Samuell Leach, aged about thirty-nine years, deposed that he had written several letters home to England for Pike to his wife and children, and had read several answers, which showed that she did not care for his company. He wrote one letter, which deponent said would have reclaimed a wife who had gone astray, but she did not answer. One, however, was received from his daughter in which she signified that it was in vain for him to write any more, for her mother wholly disowned him and claimed that his letters to her were counterfeit; that her mother had long kept company with a widower, a glazier, and that the daughter had had them both before a Justice, who ordered them to separate upon pain of punishment, but they continued as before, to the daughter's great grief, and were seeking means to be married. Sworn in court.
*Summons, dated 30 : 2 : 1672, signed by Hilliard Veren, t clericus, and served by Samuell Keettell,¡ constable of Charls- towne.
Samuell Elwell, aged about sixty-three years, and Joseph Elwell, aged about twenty-three years, deposed that "micakell Long being at Capan soum time in october last and set sayl on a Sabath day in the morning the sonne being a booyt three quar- ters of an houer hie." Sworn, 25 : 4 : 1672, before Simon Brad- street.t
¡ Autograph.
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together when the house was raised & Edmond Chapman came ouer to me, to Intreate me to go ouer to eat pt. of the victualls, & yt ye old Bartoll said to his son in law, Edmond Chapman, that theire hous is a good house for thee, and the said Chapman said, thank you father." Sworn in court.
Marke Pitman, aged about forty-eight years, deposed. Sworn in court.
Fined by Major Hathorne:
Daniell Salmon, for excessive drinking.
Owen Ende, for taking salt aboard his boat on a Lord's day.
Elisha Keebee, for stealing apples on a Lord's day. He was to pay 6d. for the apples to Tho. Greane.
"Sr Richard Briers is now in the house of Correction, accord- ing to order of Cort there to remaine untill he put in Bond to liue wth his wife & to appear at Salem Cort. The bearers herof are willing to Enter in bond for ye latter, but not for ye Former; the prsoner hauing much to say for himselfe, & if y" please to accept of their security, & signify yor mind therin I shall readily joyn wth y" not doubting but ye Cort will well accept or doings therin
"May 9th 72 Yrs Daniel Denison."*
On the reverse of the foregoing paper: "To the Worsh11 mr Sam11 Simonds." Also in another handwriting, "These For my Deare and louing sister Mrs Sarah Hubbert."
Bond of John Andrewes* and Henry Benet,* dated May 9, 1672, for Prior's appearance.
John Andrewes, sr., Henry Bennit and Samuel Graves testi- fied that they heard Thomas Hobs say that Richard Prior should not come within his doors nor come near his daughter, and that there should not be any more of their breed, and also threatened him if he did come, etc. Sworn, June 20, 1672, before Daniel Denison .*
Inventory of the estate of Peter Commu, which was left at Jacob Pudeter's, taken Feb. 14, 1671-2, by Joseph Grafton* and John Grafton,* and allowed, in Salem court, 28 : 4 : 1672, upon oath of Jacob Pudeater, administrator: Three pare of Breches, 1li .; 3 Cots, 1li. 5s .; 1 Rug, 15s .; shewes & stockings, 10s .; 2 old sheets, 1 pare Drawers, 3 Hancachers, 2 Neck Cloths, 7s .; 2 hats, 6s .; a wascoot, 5s .; a belt & a pare of old Gloves, 4s .; a par of Drawers, wascot & a par of stockins, 6s.
John Massey, aged about forty-one years, testified that he went to Jacob Pudeter's house several times after Petter Com- mue came there in his great weakness, and said Petter declared that he was turned out of his dame Barresess house and from
* Autograph.
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Mr. Humber's, where he thought he might be welcome for what was due to him for his former service. "thear uppon Comming to Jacob Pudeter Uppon a Saboth day at Night with Feseck to tak the Next daye Jacob & his wiffe was Loth to Intertane him Never the Les he contineued theare For the spase of A Fort- night In much weknes & the Afforsaid Jacob & his wiff desiring him to goe to goody Bareses Againe he saide he would Never goe thether Agen becaus of the great discatisy he had Reseved In turning him Away but he had mony In Mr Joseph Gardner hand & thoase that did most for him In his weknes should have what he had If god took him Away & If he Lived he hoped to make them a Recompense." Sworn, 28 : 4 : 1672, before Wm. Hathorne,* assistant.
Joseph Fouler, aged about thirty-one years, deposed that "being sent For to watch with Peter Comey one Night when he was very wek & the same Night It plesed god to take him out of this world. . seing him in a weke condition I desired to know of him how It was with him & how hee had ordered wt he had he Answered that he was very wek but only For hys out- ward Astate he had Given Itt to Jacob Pudeter & his wiffe only a par of shews which he was not Abell to expres to how he In- tended them." Sworn, 28 : 4 : 1672, before Wm. Hathorne,* assistant.
Inventory of the estates of Elias Young, William Yabsly and Edward Foster, lately cast away, taken by Bartlemew Gedny,* Erasomus James* and Christopher Latemer,* and returned June 27, 1672, to Salem court:
Elias Young, his aparill, bed & chest & Instruments, 11li. 17s. 6d .; his share of fish, 9 1-4 qtls. of Cod fish unculled att 14s. p qtl., 6li. 9s. 6d .; 1 qtll. of hadock & 1 qtl. of poluck att 8s. p., 16s .; his part of 4 1-2 hhds. of sault, 1li. 7s .; his prt. of baite 1 1-4 barill of makrill at 12s. 6d .; his pt. of a mast, 2s. 6d .; due to him from Jno. Leg, 12s. 6d .; due from Foster for sault, 8s. 11 1-4d .; total, 22li. 6s. 7 3-4d. Subtract 24s. his prt. of wt. hath been expended In wayghing the fish & our Time & other Charges, 1li. 4s. Debtor: to Erasmus James, 6li. 11s. 10d .; Eleazer Gedny his part for Rebuilding yr. boat, 3li. 5s. 9d .; Ambrose Gale, 1li. 2s. 9d .; Ambrose Gale his pt. for sails & Riging, 1li. 7s. 6d .; Bartlemew Gedney, 2li. 10s. 3d .; James Skiner, 33s .; Christopher [Nick?], 50s .; Samll. Lee, 50s .; Jno. Cob, 4s .; Wm. Nick, 49s. 8d. & more for stageroom; more to Wm. Nick for blubr. hogshed, 1s. 8d .; more to Richard Dill, 3li. 11s. 3d .; total, 27li. 17s. 8d.
Edward Foster, his aparill & beding, 8li. 12s. 6d .; his share of fish, 9 1-4 qtls. of Cod fish, unculled, at 14s., 6li. 9s. 6d .; 2 qtlls. of Refus fish, poluck & hadock at 8s., 16s .; 1 fouling peec, 20s., & 1-2 barill makrill, 1li. 5s .; total, subtracting his part of charge,
* Autograph.
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15li. 14s. Debtor: to Ambros Gale, 4li. 9d .; Erasmus James, 5li. 10s. 6d .; Mary Trevet for washing, 20s .; Dixy, ferryman, 5s .; shoemaker att Boston, 18s .; And 24s .; Nicho. Wilis, 5s. 6d .; Ed. Homan, 8s .; Mr. Lattemer, 1li. 14s. 11d .; Jno. Stacy, 6s. 6d .; Mr. Brock, 18s .; Wm. Pitche, 26s .; Jno. Cob, 44s. 8d .; Jno. Clements, 30s .; Mr. Maverick, 5li. 1s. 7d .; Elias Yong for sault, 8s. 11d .; Wm. Yabsly for sault, 8s. 11 1-4d., more p ould Mr. Browne, 12li. 3s. 8 1-2d .; total, 39li. 14s. 11d.
Wiliam Yabsly, his cloaths & beding, 4li. 7s. 6d .; 9 1-4 qtls, of Cod fish unculled at 14s., 6li. 9s. 6d .; 2 qtls. of Refus fish, 16s .; 1 1-4 barills of makrill at 10s., 12s. 6d .; pt. of an ould mainmast sould, 2s. 8d .; his pt. of sault not spent, Ili. 7s .; Ed- ward Foster for sault, 8s. 11 1-4d .; total, subtracting charges, 13li. 1 1-4d. Debtor: to Erasmus James, 6li. 1s. 7d .; his pt. of Rebuillding the boat by Eleazar Gedny, 3li. 5s. 9d .; Bartle- mew Gedny, 15s .; Ambros Gale, 1li. 9s. 1d., and for sails & Rig- ing for ye boat, 2li. 16s. 7d .; Wm. Nic, a blubr. Cask, 1s. 3d .; James Skiner, 4s. 6d .; Samll. Lee, 30s .; Jno. Cob, 1s. 8d .; Rich- ard Dill, 3li. 9s .; total, 18li. 5s. 4d.
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