USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 20
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William Esset and Oliver Penney testify that Benjamin Marshall worked at carpenter's work and caulking from the time that his brother Edmand Marshall came to work upon the ship Apollo at Nubery until the ship went to sea on May 11, of which Mr. Thomas Saxton is master. Sworn at Great Island, Aug. 21, 1676, before Elias Stileman, t commissioner.
William Isset, aged about forty-nine years, deposed that he being boatswain of the ship Apollo, Thomas Saxton, com- mander, bound for Barbadoes, and which set sail May 11, 1676, Edmund Martiall and Benjamin Martial also by order of Mr. Abraham Bartholomew being on board, the latter did not perform the part of seamen but contrary to expectation were not fit for the performance of their duty and absented themselves several days in Barbadoes. Sworn at Great Island, Aug. 25, 1676, before Elias Stileman, t commissioner.
Oliver Penny, aged about twenty-two years, deposed that he was shipped on the ship Apollo and he heard the Martialls ¡Autograph.
200
IPSWICH QUARTERLY COURT
[Sept.
Nathaniell Chapman v. Wm. Healy. Debt. Verdict for plaintiff .*
say that they were no seamen, etc. Sworn at Great Island, Aug. 25, 1676, before Elias Stileman, t commissioner.
Thomas Saxon, aged about twenty-eight years, testified that he was commander of the Apollo which set sail from Newbery river and he did not ship the Martialls as seamen. Also that they absented themselves eight days and nights in Barbadoes, and when the ship arrived in the river of Piscataqua in New England on July 31, both men left the ship. Sworn, Sept. 8, 1676, before Richard Martyn, ; commissioner.
Samuell Loell, aged about twenty-nine years, testified. Sworn in court.
James March, aged about thirteen years, testified that when he was in Barbadoes he heard Mr. Saxton say that he would pay said Marshall his wages when he came to New England, etc.
William Carr of Salisbury, aged about twenty-eight years, deposed that about Mar. 13 or 14 last, Thomas Saxton came aboard the Apollo, which was lying ashore on Marymack Island, with the two Martials and came up to deponent on the deck and said that he had two carpenters now. Also that Saxon and Bartholmew were to give him seven shillings per diem in money to work upon the ship. Sworn in court.
Benjamin Marshall, aged about twenty-five years, testified that Edmand Marshall went to work upon the ship at Nubary some time between Mar. 10 and 13. Sworn in court.
Benjamin Marshall deposed. Sworn in court.
William Issett and Oliver Penney testified that Edmand Marshall was to have 50s. a month. Sworn, at Great Island, Aug. 21, 1676, before Elias Stileman, commissioner.
James Carr, aged about twenty-six years, deposed that he having occasion to go aboard the ship on Mar. 13 or 14, she lay by the Island side at deponent's father's where the ship was graving. Also that he was paid 5s. 3d. for work which he did. Sworn in court.
*Writ, dated Aug. 14, 1676, signed by Robert Lord,t for the court, and served by John Heywood,t constable of Con- cord.
Nathll. Chapman's bill of cost, Ili. 7s. 6d.
Summons, dated Aug. 14, 1676, for William Healy's ap- pearance, signed by Robert Lord,t for the court. Bond of William Healy,t with Samuel Jones,t as surety.
țAutograph.
201
RECORDS AND FILES
1676]
Benjamin Marshall v. Mr. Thomas Saxton. For denying a debt. Verdict for plaintiff. John Jacob, attorney to Mr. Danill and Mr. Saxton, appealed to the next Court of Assist- ants at Boston and was bound .*
Bill of sale, dated Oct. 18, 1675, given by Nathanell Chap- man of Ipswich to William Healy, jr., of Cambreg, a horse for which he was to pay 3li. in silver; signed by William Healy.t Wit: John Chapmant and Samuel Chapman. t Sworn in court.
*Writ: Benjamin Marshall v. Mr. Thomas Saxton, com- mander of the ship Apollo; for detaining a debt due for work upon the ship in Rowley; dated Aug. 22, 1676; signed by Elias Stileman, f for the court; and served by Israell Phillips, t constable of Portsmouth.
Thomas Saxton's bill of cost, 18s.
Benjamin Marshall's bill of cost, 4li. 14s. 2d.
Tho. Woodbridge, aged about twenty-eight years, deposed that last March Mr. Abram Bartholomew came up to his house in a rage, saying "I wounder you doe not dispatch us away For I am at great charge hear, for as long as Benj. marshall works on the vessill ashoar I am to pay him so much pr. the mounth as I paid him for you before the uessill was Lanched." Deponent had heard Bartholomew many times commend the Martials for their work, etc. Sworn, Sept. 26, 1676, before Nath. Saltonstall,t commissioner.
Edmand Martiall, aged about twenty-seven years, testi- fied. Sworn in court.
William Issett and Oliver Penny testified. Sworn at Great Island, Aug. 21, 1676, before Elias Stileman,t commissioner.
Hugh March, aged about fifty-five years, deposed that he found by his book that Bengamin Marsell and Edward Mar- sell came to his house for diet and lodging from Mar. 12, 1675 to Mar. 25, "and his wife to the last day of March, 1676. The bill was 1li. 16s. 9d. which Mr. Abraham Barthellomew dis- charged. Sworn, Sept. 23, 1676, before Daniel Denison.t
Samuell Lowell, aged twenty-nine years, testified that Mr. Thomas Saxton sent him to Ipswich to hire Benjamin Mar- shall, etc. Sworn in court.
Edmund Marshall, aged about twenty-seven years, testified that when he was in Barbados, etc. His brother Benjamin mentioned. Sworn in court.
William Esset, aged about forty-nine years, testified that Benjamin Marshal was hired for 30s. per month, etc. Sworn +Autograph.
202
IPSWICH QUARTERLY COURT
[Sept.
Benjamin Marshall v. Mr. Thomas Saxton. For withhold- ing money. Verdict for plaintiff. John Jacob, attorney to Mr. Daniel and Mr. Saxton, appealed to the next Court of Assistants, and was bound with Capt. John Whipple and Mr. John Perkins, as sureties .*
Moses Pengry v. Steephen Hascott. Debt. Verdict for plaintiff.t
Jonathan Haines v. Peter Tappan. Unjust molestation. Withdrawn.
Benjamin Lowle v. Capt. Wm. Gerrish. For withholding a true account. Verdict for defendant. Appealed to the next Court of Assistants at Boston. Benjamin Lowle bound with Mr. Richard Dumer and Caleb Moody, as sureties.}
at Great Island, Aug. 21, 1676, before Elias Stileman,§ com- missioner. Edmund Marshall testified to the same. Sworn in court.
James Carre, aged about twenty-six years, deposed. Sworn in court.
*Writ, dated Aug. 22, 1676, signed by Elias Stileman,§ for the court, and served by Israell Phillips,§ constable of Portsmouth.
Bengamen Marshall's bill of cost, 4li. 15s. 4d.
Thomas Saxton's bill of cost, 18s.
¡Copy of bond, dated Mar. 17, 1674, given by Stephen Haskott of Salem, soapboiler, to Moses Pengry, sr., of Ipswich, for 60li., in money, English, French and West India goods, in consideration of a sloop bought of said Moses not yet delivered. Wit: Moses Pengry, jr., and Aron Pengry, jr. Owned in court. There was received in money 10li., of which he had a receipt from John Pengrye. Upon agreement made by Moses Pengry and Steeven Haskett to alter the vessel by said Stee- phen's account, 10li. were abated, and said Moses discharged of the former engagement, only providing timber work for launching and plank that the vessel needed for her fitting out. Wit: Moses Pengry, jr. and Aron Pengry, jr. Owned in court. Copy made by Robert Lord, § cleric.
#Writ: Benjamin Lowle v. Capt. William Gerrish; for withholding a true account of plaintiff's father John Lowle's estate, as executor, and his mother's estate, as overseer, and for disposing of some of the estate contrary to a court order dated Oct. 20, 1658; dated Sept. 20, 1676; signed by Dudley §Autograph.
203
RECORDS AND FILES
1676]
Bradstreet,* for the court; and served by Joseph Pike,* constable of Newbery, by attachment of a parcel of cabbages or collards in a garden at or near Capt. Gerrish's dwelling house in Newbery, and the hay in the old barn.
Capt. Gerrish's bill of cost, 2li. 8s.
Benja. Lowle's bill of cost, 10s.
Benjamin Lowle's declaration.
Copy of the record of the General Court of Oct. 19, 1658, allowing the overseers of the will of Mrs. Elizabeth Lowle to let out the real estate for the benefit of the children, signed by Edward Rawson,* secretary.
Copy of the record of the General Court of Oct. 18, 1648, upon petition of Edmund Moores to confirm the sale of some land of the estate of John Lowle, deceased, sold him by the executors, signed by Edward Rawson,* secretary.
At a meeting of a committee appointed by the town on Jan. 10, 1652, Mr. John Lowle was acknowledged to have two freeholds, Samuell Plumer was acknowledged to be a freeholder from Mr. John Lowle's one privilege and Georg Litle from another privilege that was said Lowle's. Copy from the town book of Newbury made by Anthony Somerby. *
Benjamin, son of John Lowle, was born Sept. 12, 1642. Copy from the register book of Newbury made by Anthony Somerby .*
Copy of receipt of Elizabeth Lowle of Newbery, dated 18 : 10 : 1648, from the overseer what was left her by her husband's or mother Goodal's will for herself and her two children, Elizabeth and Banjemin. Wit: Percivall Lowle, Mar- garett (her mark) Lowle and Wm. Gerrish. Capt. Wm. Geerish, aged fifty-six years, and Margarett Lowell, aged about sixty years, made oath to this writing. Sworn Nov. 6, 1673, before Daniell Denison. Copy made by Hilliard Veren,* cleric.
Philip Nellson* and his wife Elizabeth Nellson* gave up, Aug. 7, 1673, to their brother Benjamin Lowle, their right in a freehold which was given to said Elizabeth's mother by her husband's will. Wit: Thomas Nellson* and John Acie .*
Letter of attorney, dated Sept. 22, 1676, given by Wm. Gerrisht of Newbury to John Knight, sr. of Newbury. Wit: Robert Long .*
William Pulsbury, aged about seventy-one years, deposed that at Mr. Woodman's house he heard Capt. Gerish say that the freehold held by Gorg Littell was never sold but still be- longed to Mr. John Lowel's children. Sworn, Sept. 25, 1676, before Nath. Saltonstall,* commissioner.
*Autograph.
+Autograph and seal.
204
IPSWICH QUARTERLY COURT
[Sept.
Joshua Boynton v. John Young. Debt. For 6,000 feet of merchantable boards. Verdict for plaintiff, in pine boards to be delivered at Edmond More's landing place.
Peeter Tappan v. Jonathan Haines. Review. Verdict for defendant .*
Bethia Longhorne chose her uncle Thomas Longhorne as her guardian.
John Wainwright and Left. Wade were licensed to sell liquors as a trader for a year.
Quartermaster Perkins had his license renewed for a year also his license to draw liquors.
John Sparke, Deacon Wm. Goodhue, Francis Wainwright and Samuell Bishop had their licenses renewed for a year.
Thomas Judkin had his license renewed for a year, also his license for liquors.
The selectmen of Nubury, complained of at Salem court by Capt. White for over-rating him, and the case referred to this court, the said selectmen not appearing, court ordered that they appear at the next Salem court.
Ossman Dutch attaching Samuell Bishop to this court and not prosecuting was allowed costs.
Thomas Millett dying intestate, court granted administra- tion of his estate to Mary Millett, relict of said Thomas.
Marey Godfrey, aged forty-one years, testified. Sworn, Sept. 25, 1676, before Nath. Saltonstall,t commissioner.
Phillip Nelson, aged about forty-years, deposed that after he married one of Benjamin Lowle's sisters, he had trouble with his uncle Lowle, Capt. Gerrish and Nicholas Noyse con- cerning her portion. Deponent called John Pickard and they came to an agreement and there were 150li. more due. Sworn May 6, 1675 before Samuel Symonds, Dep. Gov. Copy made by Isa. Addington,t cleric.
Margaret Loul, aged seventy years, and Samuell Lowl, aged twenty-nine years, deposed. Sworn in court.
*Bond, dated 22 : 7 : 1676, given by Johnnathan Haynest of Newburey to John Webster of Newbery, deputy to the marshal of Ipswich, for appearance at Ipswich court. Wit: John Kallyt and John Michel.t
tAutograph.
205
RECORDS AND FILES
1676]
Francis Wainwright renounced his administratorship of the estate of Freegrace Norton granted in March last.
John Wainwright was appointed administrator of the estate of Freegrace Norton. He was to allow the widow her thirds of the land and to pay no debt except to his satisfaction due and legally proved; also to pay as far as the estate could be sold for .*
Benjamin Roff's negro woman Dina, presented for fornica- tion, was ordered to be whipped or pay a fine.
*Thomas Borman, sr., Walter Roper, Abraham Tilton and Elihu Wardal, chosen to appraise the work done by Freegras Norton for Docter Dane, found it to be worth 24li. 12s. 6d. Approved by the court, Mar. 30, 1676. Robert Lord, t cleric.
Inventory of the estate of Freegrace Norton, taken Mar. 28, 1676: by 1 orchard of three quarters of an acre, 15li .; 1 bedsted curtains & valins, 3li. 10s .; 1 Cubbord & Cubborp Cloath, 3li. 4s .; 1 table & one forme & one Carpit, 1li .; 6 chairs & 3 Cushins, 14s .; one Chest with Locke & key, 5s .; 2 pr. sheets, 2li .; 2 table Cloths & 6 napkins, 10s .; one Bible & one sermon booke, 7s .; one silver dram cupp & 1 pr. shooe buckles, 7s .; 1 settle & 1 small table & 1 Inkhorne, 10s. 6d .; 1 brass skillet, 1 Kettle, 1 warminge pann, 1li. 10s .; 3 pewter Dishes & 3 porringers, 14s .; one Pewter pot & 3 Cupps, 5s .; one Tin kettle & 4 Tin pans, one tunnel & 1 sass pan, 7s. 6d .; 1 pr. tonges, fire shovell & Grid Iron, 10s .; one fryinge pann, 1 pr. Bellows, 5s. 6d .; one spitt, one Jacke & waite, Ili. 5s .; 3 pailes & 1 pigen, 5s .; 2 boules, 3 dishes, 6 trenchers, 3s .; Earthen ware, 2s .; spoons, 12d .; 4 barrels, & 2 halfe barrels & 1 meshinge tubb, lli .; 3 Keelers & one trucklebed sted & 2 Chests, 6s .; one broadax & one Narrow ax, 7s .; working tooles & 1 pr. beetle rings, 19s .; 1 Candlesticke, 2 hookes & staples, 2s. 6d .; one seate in the meetinge house, lli .; total, 36li. 10s. What Charge Freegrace Norton was in repaireinge the house, by 1,000 foote pine Boards, 3li .; Laying 2 floors, findinge all nailes & sleeprs., 15s .; 2 doors, 2 pr. hooks & hinges, one Locke, pettel, &c., 15s .; stoninge a seller, 5s .; 2 pr. staires, Ss .; 1,000 brickes, 20s .; for whiteing ye roome, 9s .; Glass, 14s .; Ensigne Tho. Burnum, Walter Roper, Abra. Tilton & Elihu Wardell being Chosen p Docter Deane & Goody Norton to apprise the worke Freegrace Norton did for ye sd Deane & thay finde it worth 24li. 12s. 6d .; Goodman Bridges is dr. to the estate, 6s .; total, £68. 3s. 6d.
tAutograph.
206
IPSWICH QUARTERLY COURT
[Sept.
Hanah Lovill was admonished upon her presentment .*
Richard Woolery being the reputed father of the child of Abigaill Morse, court ordered that he pay to her 3s. per week in corn toward the maintenance of the child, and to give security or be committed to prison.
Joseph Browne was discharged of his first presentment and Rich. Shatswell, who caused him to be presented, was allowed costs.
Joseph Browne, presented for rescuing cattle, was fined.t
Mary Greely, presented for fornication, was sentenced to be whipped.}
Roger Darby and his wife were presented for not coming to meeting on the Lord's days. Court declared that they had forfeited 5s. a week each since the last court in September and ordered that they pay 50s. presently or be committed to prison, being 12d. a day for each of them.
Thomas Ayres was discharged of his presentment.§
*Presented for excess in the manner of her attire and hair. Wit: Walter Roper and Daniell Hovie.
+Timothy (his mark) Haris, aged about seventeen years, deposed that he saw Joseph Browne take away his oxen from Richard Shatswell by force when the latter took them from Marke Quilter's rye and was driving them to the pound. Also that the oxen had fed in the rye and had lain down in it a pretty while before Shatswell came. Richard Shatswell affirmed the same. Mr. Norton, Andrew Peters and Mr. Tutell were witnesses. Sworn in court.
Moses Pengry, sr., aged sixty-four years, deposed that there being a necessity for a highway to and from a creek called Greene creek for hay and thatch to pass by freely, Richard Shatswell, owner of the land, petitioned to the town at a general town meeting that such a highway be laid out. The selectmen ordered Reginald Foster, Robert Lord and deponent to have it done, which they did, etc. Joseph Browne men- tioned. Sworn in court.
Presented for breaking open Richard Shatswell's gate which was locked. Wit: Richard Shatswell and Samuell Cobbit.
įPresented for fornication with Laurence Clenton. Wit: Elesabeth Abit and Nathaniell Welses wife.
§Presented for telling a lie by which he procured his horse from the pound, it being impounded by John Gamage. Wit: Mr. Wilson and John Gamage.
207
RECORDS AND FILES
1676]
For the settlement of the estate of George Gittins, deceased, by agreement of the widow, administratrix and the five sons, it was ordered that all the estate be delivered into the hands of the five sons, Thomas, John, James, Samuell and Joseph Gittins, to be divided, Thomas to have a double portion. They were to give security to pay the widow during her life 25li. per annum and her living in the house, with the use of the household stuff, and to pay to their three sisters, Re- becka, Abigaill and Mary, 50li. each, deducting so much as any of them have formerly had as their portion from their father.
Zachary Hericke of Beaverly, complaining of his infirmity that he is not able to ride, was dismissed from the troop to the foot.
Nathaniell Wells having brought up George Greely from his birth, the latter was ordered to live with him or his heirs until he be twenty-three years of age.
Thomas Kimball dying intestate, Mary Kimball, his widow was appointed administratrix. An inventory* brought in, amounting to 520li. clear estate was ordered to the eight children and widow as follows: to Richard the eldest son, 80li., and to the rest of the children, 40li. each, and the re- mainder of the estate to the widow, the land to stand bound for the payment of the children's portions.
Given to the house, 6s. 8d.
*Inventory of the estate of Thom. Kimball, taken May 18, 1676, by Shu. Walker and Samuell Gage,t and allowed Sept. 26, 1676, in Ipswich court: wearing apparill, all ye Indians left, 2li. 10s .; Tabel lining, 1 sheete, 3 pillowberes, 1li. 15s .; vallence and Curtaine and 4 Cushins, 10s .; 2 Rugs, 2 blankets, and a parcill of old beading, 3li. 5s .; peautar, 3li. 3s .; 1 Iron pot, 1 warming pan, 2 tubs, 2 barills, 1li. 10s .; saddle and pillion and a parcill of sheeps wool, 1li. 5s .; Tools for his traid and utensils for husbandry, 5li .; six oxen, five Cowes, two heifers of 3 yere old, 3 steres of 2 yere old, 2 yerlings, 5 Calves, 66li. 15s .; a horse and a mare and a Coult, 6li .; 12 swine, 7li .; 7 shepe, 2li .; housing and about 422 acres land and medow, 450li .; glass, 1li. 10s .; Corne and provisions, 3li .; 5 yards of Cloath, lli .; total, 556li. 3s. Wearing cloaths of Goody kimbals, 3li. 16s .; cloaths of Joanna Kimball, 2li. țAutograph.
208
SALISBURY QUARTERLY COURT
[Nov.
COURT HELD AT SALISBURY, NOV. 14, 1676.
Major Genll. Denison, President; Capt. Nathll. Salton- stall, Major Robert Pike, Capt. Tho. Bradbury and Mr. Samll. Dalton, Associates.
Grand jury: Abraham Pirkins, foreman, Phillip Challis, Tho. Barnard, sr., John Haseltine, Daniell Hendrick, Moses Gillman, Rodger Easman, John Ilsly, John Gill, Francis Page, Joseph Dowe and Tho. Sleeper.
Jury of trials: John Samborn, foreman, Robert Swan, Tho. Barnard, jr., Samll. Colby, William Osgood, sr., Henry True, Samll. Felloes, John French, Lt. Ralf Hall, Henry Roby, Nathll. Weare and Anthony Tayler.
William More, grandjuryman from Exeter, was fined for non-appearance.
John Smith v. William Samborn, sr. Appeal from a judg- ment of Mr. Samll. Dalton, July 10, 1676, upon suspicion of crime for false swearing. Verdict for plaintiff, the reversion of the former judgment.
Joseph Smith v. Timothie Hilliard. Appeal from a judg- ment of Mr. Samll. Dalton, Aug. 3, 1676. Verdict for plaintiff, the reversion of the former judgment.
Jno. Redman, jr. v. Samll. Dalton and Henry Dow. Appeal
10s. Debts due to the estate: Gilbort Wilford's estate, 1li .; Daniell Boreman, 1li .; John Wicom, Ili .; Joseph Bond, 1li. 2s .; Ensigne Chandler, 1li. 10s .; by John Kimbal, 12li .; total, 17li. 12s. Debts due from the estate: Mr. Wainwright 9li. 18s. 6d .; Capt. Gerish, 9li. 19s. 1d .; Sergent Wait, 6li. 18s .; John Pickard, 1li. 10s .; Stephen Webster, 1li. 10s .; Will. Barker, 2li. 16s .; Decon Jewit, 18s .; David Haseltine, lli. 1s .; Hunt of Ipswich, 1li. 2s .; Decon Goodhue, lli .; Mr. Cobbit, 10s .; Shu. Walker, 12s .; Joseph Hardy, 1li. 10s .; Nath. Gage, 15s .; Samull Haseltine, 2li. 2s .; Francis Jordon, 2s. 6d .; Josiah Gage, 18s., John Stickne, 3li .; Mr. Buship, at present not known; Anthony Somersby, Ili. 5s .; Phillip Fouler, 6s .; total, 50li. 8s. 1d.
List of presentments, dated Sept. 26, 1676, signed by Jon- athan Wade,* in the name of the rest:
Hanah Downing, Mr. John Cogswell's maid, for vile language against William Tomson, calling him devil. Wit: George Stimson and his wife.
*Autograph.
·
209
RECORDS AND FILES
1676]
from a judgment of the selectmen of Hampton. Verdict for defendant, confirmation of the former judgment.
Mr. Tho. Bradbury v. John Huggin. For withholding a debt due for copies of evidences and records, filing evidences, etc. Verdict for plaintiff. Judgment satisfied.
Robert Ring v. William Buswell. Review of a case tried at Salisbury court in 1675 for wrong done to said Ring at the Court of Assistants at Boston in Sept., 1672 and March, 1673-4, by an appeal from Hampton court concerning meadow upon oath of said Buswell at Salisbury court, 9 : 2 : 1672, which oath was false, fallacious or unsafe, also by the evidence given before the arbitrators, Henry Palmer, Georg Brown, Samll. Dalton and William Titcum, 3 : 9 : 1674, etc. Verdict for defendant. Appealed to the next Court of Assistants. Robert Ring and John Allin bound.
From Samuel Dalton's commissioner's records. See ante vol. V, p. 235. John Acey of Rowley and Hannah Greene of Hampton were married, June 5, 1676.
Ensigne John Samborn and Thomas Philbrick, on June 10, 1676, took the appraisers' oath.
Thomas Nud, chosen clerk of the military company in Hampton, was sworn on June 10, 1676.
John Foulsam, jr., on June 12, 1676, was sworn constable of Exeter. John Smith's bond was transferred to court as per the day book.
On June 10, 1676, John Folsham, sr. v. Moses Gillman; for pulling up fence that stood between their lands or land in their possession; respitted until the next Thursday, when great endeavors of friends to persuade peace proved altogether fruitless. Judgment for plaintiff, defendant to bear the cost of the complaint and to keep up the fence against the gaps made by removal until after the next Indian harvest and they were advised to live in peace and love in the meantime as their relation and duty required.
On June 15, 1676, Samuell Fog v. John Smith, tailor; for an act of cruelty offered to a swine, using more violence than was necessary to the driving of the swine to the pound. Judgment was a fine of five groats to be paid by Smith.
On June 15, 1676, Joseph Smith was convicted of abusive carriage toward Timothy Hillyard in calling him Indian cur and shamble-hand cur and other reviling words in the presence of divers persons, and was fined.
On July 3, 1676, Henry Roby v. Aughter Bennitt; for not paying 500 white oak pipestaves; defaulted; judgment for plaintiff.
On July 10, 1676, John Smith, tailor v. Will. Samborn; suspicion of perjury; after the evidence witnesses viewed the place where they saw the swine abused, for which John Smith was sentenced, and it appearing that the place was upon the brow of the hill in John Smith's pasture in clear ground which was plainly to be seen to William Sanborn's gate, this cleared and justified William Samborn's oath; judgment for defendant. John Smith appealed to the next Norfolk court, with Robert Smith as surety.
On Aug. 3, 1676, Joseph Smith v. Timothie Hillyard; trespass; for cutting and making use of a white oak log of Smith's at or near the old sawmill,
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210
SALISBURY QUARTERLY COURT
[Nov.
Robert Ring v. Samll. Worcester. In a similar action. Verdict for defendant. Appealed to the next Court of Assist- ants. Robert Ring and John Allin bound.
Phillip Grele v. John Young. For non-payment of 4,000 feet of pine boards which he promised to pay plaintiff for Mr. Georg Person of Boston. Verdict for plaintiff. Boards to be delivered at 40s. p M to be delivered at Lampreele river landing.
Mr. John Light, assignee of Major Robert Pike, adminis- trator of the estate of Wymond Bradbury v. Mr. Josiah Hubbard. Debt. Verdict for plaintiff.
Edward Colcord v. Abraham Drake, sr. For illegally taking away five cattle from him, two cows, two heifers and a three year old steer. John Samborne, one of the jury, was objected to and the case was referred to the other eleven. Verdict for defendant. Appealed to the next Court of Assist- ants. Edward Colcord, with Robert Ring and John Clark as sureties, bound.
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