USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 32
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[Sept.
Wm. Bowditch v. John Pilgrim. Defamation or slander. Withdrawn.
Henry Gould and wife Sarah, the only child and heir of Abraham Warr, deceased v. Mr. John Baker. Special ver- dict. If entering upon the estate not having administration be according to law they found for the defendant; if it be contrary to law, for plaintiff. Court found for plaintiff.
Richard Knott v. Capt. Joseph Gillam. For abusing him. Verdict for plaintiff .*
given in by John Higgenson, William Hubard, Seaborne Cotton, Joshua Moody and John Hale. Mr. Phillips men- tioned. Copy made by Samuel Phillips.t
Mr. Phillip Nelson, Ezekiell Northernd and John Graunt testified. Sworn in court.
Ezekiell Mighell, Simon Chapman, Abell Plats, Robert Shillitoe deposed. Sworn in court.
Tho. Leaver,t clerk of the writs for Rowley, testified that the words which were interlined in the attachment written for Mr. Jeremiah Shepard were not written by him or by his order and he was grieved at the man's boldness, whoever he was. Affirmed in court.
Jeremiah Elsworth, constable, deposed. Sworn in court.
John Trumble and John Pearson, jr., testified. Sworn in court.
*Writ: Mr. Richard Knott v. Capt. Joseph Gillum; for abusing him by falsely imprisoning him and leaving him behind in a strange country, namely Lisborne, also to make it appear how said Gillum had paid said Knott's wife his wages, according to his promise in Lisborne; dated 29 :4 : 1677; signed by Hilliard Veren,t for the court; and served by Henry Skerry,t marshal. Bond of Joseph Gillam, with Rich. Moret as surety.
Richard Knott's bill of cost, 2li. 8s.
John Blake, aged about thirty-two years, Cornelous (his mark) Runnells, aged about thirty years, and John Anderson, aged about twenty-six years, deposed at Lisborn, July 21, 1676, that on June 30, 1676, being present with one Richard Knott, surgeon, at Mrs. Martin's house at the Rominados in the city of Lisburn, there came into their company Mr. Joseph Gillam, commander of the good ship called the John and Ann, belonging to New England. Knott said to Gillam that since he had discharged him from his ship that he should pay him his wages according to promise. Gillam replied Autograph.
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1677]
that he would pay him nothing but would pay it to his wife when he reached New England for she needed it more than he. Knott replied that he had left his wife as well off as Gillam had left his, for she had a good father and mother who would not see her want. Also if Gillam would give him a note under his hand and pay the money to his wife he should be satisfied, which Gillam refused. "then sayd Knott you promised me tenn times that you would pay it mee seing I want mony for to hire a boy to fetch up my fish, from your shipp Gillam tells him that it was not his best way to come for it when he himselfe was aboard, for if he did he then threat- ned the sayd Knott what he would doe vnto him; Knott maketh this answere that he did hope that he would let him come to his shipp syde in a boate, he sayd that he might doe, but hee should never sett his foote aboard of his shipp againe Knott replyes this answere, that he was very well contented, for that his sperit could not bear it to be made such a foole off, as he did make of his other doctor to be both cooke & a cabbin boy. . . presently Mr Gillam went out of our company, and presently cometh againe, and brought with him an officer and a Negro with him, Charges the sayd officer with him who drags the sayd Knott away through the streets of Lisburne, and carrieth him vnto a common prisson without either bayle or mainprise neither would the sayd Gillam suffer the sayd Knott to speake for himselfe, where the sd Knott continued in prisson || for the space || of one day and halfe & one night." Sworn, July 23, 1676, in Lisborn, before Tho. Maynard, "his Maiesties consull Genrll in all the Pvince of Portugalls dominions." Copy made by Robert Lord,* cleric.
Joseph Stocker, aged about thirty years, deposed that he was carpenter aboard the John and Ann, and at sea between Madera and Lisbao he heard Richard Knott swear that when he arrived at Lisbao, he would leave the ship. Also that about a week after the ship had been at anchor there, Knott went ashore with the commander and did not return for sev- eral days or when he came aboard to take his clothes and goods. Sworn, Sept. 22, 1677, before Thomas Clarke,* com- missioner.
Joseph Gillam, aged thirty-four years, testified that he was master of the ship John and Ann, of Boston, and shipped Richard Knot as chirugion to proceed in her from port to port on this voyage which was from New England to the Isle of Madera. He was to be paid at every third port of discharge. After their arrival at Madera, they went to Lis- borne with the cargo, etc. When said Knott told him he
*Autograph.
330
IPSWICH QUARTERLY COURT
[Sept.
would not proceed any further, he complained to the vice- consul who said he would secure him, but deponent thought that he would pay him his wages, which he did, rather than be troubled with him. Deponent being at the Ile of Shoales made oath, Aug. 10, 1677, before Peter Twisden,* com- missioner.
Richard Knott, an Englishman, complained to the English consul at Lisborn, July 8, 1676, of his treatment by Capt. Gillam, and of his being confined in prison when the other ship in which he was to sail was about to depart, and "yu sir as a conservator of the English nation should have care of this excesse which is done to him withoute Juditiall order but meerly of power."
"Lett the party answere the reason he has not to pay the supplicant which he shall doe in the space of two houres after being notified by any officer of Justice, and also lett the vice consull shew the grounds and reason wherfore he sent him into prisson weh he shall doe within the sayd terame otherwise this shall be dispatched acording to justice payeing for the - and expences in prison. [Signed] Ribeero." Copy left on file instead of the original, there being another action which was not tried, made by Robert Lord,* cleric.
Anthony Sigera, clerk of the baliffs of the city of Lisburne, certified that he notified Capt. Joseph Gillam that if he did not within two hours pay his debts, he was to appear before the magistrate.
"Lett the dispacht given be satisfied in the forme wherin it is being the vice consull did not notifie himselfe Lisburn the 8th of July 1676. [Signed] Ribero."
Letter of attorney, June 13, 1674, Joseph Gillamt of Bos- ton, mariner, to Mr. John Joyliffe of Boston, merchant. Wit: Wi. Kent,* George Monck* and Isa. Addington .* Sworn to by the witnesses, Sept. 23, 1677, before Ed- John Joyliffe,* on Sept. 23, 1677, deputed Lt. Richard Way of Boston to appear for him in this action brought by Knott. Wit: Isa. Addington .* Sworn to, Sept. 23, 1677, by Mr. John Joyliffe, before Edward Tyng,* assistant.
Timothy Armitage, aged about thirty-six years, deposed that he was on the ship John and Ann, etc. Sworn, Aug. 10, 1677, before Peter Twisden,* commissioner, said Armitage being then on the Ile of Shoales.
John Wolcott, aged about thirty-two years, testified that he was on the ship John and Ann, etc. Sworn, Aug. 10, 1677, before Peter Twisden,* commissioner, said Armitage being then on the Ile of Shoales.
*Autograph.
+Autograph and seal.
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RECORDS AND FILES
1677]
Thomas Hughson v. Anthony Roope, Captain of the John Adventure. Verdict for plaintiff .*
*Writ: Thomas Hughson v. Anthony Roope, Captain of the John Bonny Adventure; for withholding six months' wages in said ship as boatswain and gunner, also for detaining his chest and clothes and turning him out of his employ; dated Aug. 2, 1677; signed by Hilliard Veren, t for the court; and served by Samuell Beadle,¡ constable of Salem. Bond of Charles Lidgett and Anthony Roope.t
Letter of attorney, dated Sept. 24, 1677, given by Charles Lidgett of Boston to Leift. Richard Way. Sworn, Sept. 24, 1677, before Edward Tyng,f assistant.
Tho. Huson's bill of cost, 2li. 11s. 10d.
Robert Cannon deposed that he being on board the ship Boneadventuer, Capt. Anthony Roope, commander, was between decks with the boatswain and saw the latter's chest which had cloths and a runlet in it. After Roope had turned the said boatswain out, he came to deponent at Salem, being a friend of his, and they went to Marblehead, where they found the Master at Norman's. Deponent asked him why he had sent the boatswain ashore and he said that he should never go in the ship again and refused to let him get his clothes whereby he had been prevented from entering any man's employ but has been kept in Salem. Sworn in court.
Inventory of the estate of Thomas Hewson which was de- tained by Anthony Roop: a Chest covered with a hide, 1li .; 1 Coate & 2 payre of Briches, 3li .; a Greeke watch Coate, 2li .; a Dowless shirt and a new blew shirt, 12s .; a Blew payre of Briches and a Canvess payre of Briches & 2 Wastcoats, 1li .; a hat and a Tennis Cape, 6s .; a bed, Blankett and fether pillar, 1li. 10s .; a Gooners Scale & hights & compases, 10s .; a payre of silver Buttons & a bill of forty shillings to bee paid in Boston, 2li. 1s. 6d .; a 4 gallon Runlett & a 3 Gallon Runlett and a Jarr, 6s .; 2 payre of stockins and a payre of shoes, 8s .; a sarge Jackett and a shollone to Line a Coate and a striped pillibare, 1li .; a Fishing line and hoocks, 3s .; total, 13li. 16s. 6d. Sworn in court.
Danil Evins, John Pagin and Thomas Griffin, deposed that when the "bossin" was discharged, he went ashore in the ship's "bott" with a couple of the ship's hands. Also Abram Mathews testified that the Master charged the mate not to suffer the boatswain to go on board, and the mate in like manner charged the carpenter. Sworn, 11 :6 :1677, before Wm. Hathorne,f assistant.
*Autograph.
1
332
IPSWICH QUARTERLY COURT
[Sept.
Wm. Longfellow v. Hugh Marsh. Verdiet for plaintiff .*
Daniell Evanes, Ja. Davis and Wm. Pace deposed that Tho. Huson, boatswain, came aboard the ship, Feb. 1, 1676, at Gravsend. Sworn, 18 : 6 : 1677, before Wm. Hathorne, t assistant.
Anthony Roope deposed that Thomas Huson left the ship when by agreement he was to go to Bilboa and London, there to be discharged and paid. Sworn, 31 : 6 : 1677, before Wm. Hathorne, f assistant.
Abrah. Mathews, mate of the John Booneyventure, de- posed. Sworn, 31 : 6 : 1677, before Wm. Hathorne,f assist- ant.
Danill Evans, carpenter, aged about twenty years, John Pagan, aged about twenty-six years, and Thomas Grifing, aged about seventeen years, deposed that the boatswain absented himself at Boston and at Marblehead, etc. Sworn, 3 : 7 : 1677, before Wm. Hathorne, f assistant.
*William Longfellow's bill of cost.
Wm. Chandler, aged sixty years, deposed that about Sept. 8, 1676, he was employed to take out 2 butts of wine from a leanto of Mr. Henery Sewall's for Hugh March, sr., of New- bury, one of which was safely put into the eart. The other, a very erazy butt, was taken out of the leanto and setting the tail of the cart as near the door as they could, for want of help and the butt wanting a considerable quantity of being full, as it was being put into the cart the head flew out upon deponent. Also Mr. Wm. Longfelloe had a funnell standing upon a cask and was drawing out of said butt when deponent came and all the time he was there, until deponent undertook to remove the butt, saying he was reserving wine out of it for his wedding. The wine lost flew through the leanto into the kitchen to the fireside. Mr. Longfellow came out of the house and told deponent to take notice that he had de- livered the wine. The wine was in pipes, not butts, as pre- viously testified. Hugh March, jr., testified to the same, and also said that he was in the house about half an hour before Goodman Chandler came. The wine was drawn down about nine inches from the chine. Sworn, Sept. 24, 1677, before Jo. Woodbridge, t commissioner.
Joshua Richardson of Newberry, aged about twenty-eight years, deposed that Mr. Longfellow meeting him in the high- way desired him to go with him to Hugh Marches to be a witness to the agreement, which was that if the wine should be lost in the house it was Longfellow's and if out of doors,
+Autograph.
333
RECORDS AND FILES
1677]
John Lee v. Mr. John Giffard. For not paying 40li. in cash. Verdict for plaintiff. Appealed to the next Court of Assistants .*
it should be Marches. When the cart came home he helped to unload it, etc. Sworn, Sept. 26, 1677, before Jo. Wood- bridge, ¡ commissioner. Joseph Richardson, aged twenty- two years, testified to the same.
Joseph Richardson testified that March acknowledged that the price of the Passado wine was agreed upon to be 15li. in silver money and the Phiall was 8li. in silver per the pipe, and for what was taken out that it did not arise to the full measure, Mr. Longfellow was to abate for it according to the price he gave for the pipe. Sworn, Sept. 26, 1677, before Jo. Woodbridge,t commissioner.
Thomas Woodbridge and William Chandler deposed that about ten months since Mr. March desired them to go into his cellar and guage a butt of wine that he bought of Mr. Longfellow, which measured ninety-one gallons. Sworn in court.
Henery Sewall, aged about sixty-five years, deposed that on Nov. 6, 1676, Hugh March, jr., John March, William Chand- ler and Robert Came came to his house where his son Long- fellow was and demanded two pipes of wine, etc. Sworn in court.
Mrs. Mary Woodbridge, aged about twenty-five years, de- posed that the agreement was that the Fiall wine should be at 18d. per gallon and the Pasado wine at 2s. 9d. per gallon. Sworn, Sept. 26, 1677, before Daniel Denison.t
Robert Came, aged about eighteen years, deposed that his master Hugh Marsh, sr., etc. Sworn in court.
Judeth Thurley deposed that Mr. William Longfelow said at her husband's house, etc. Sworn in court.
*Writ, without signature or service.
Clement Coldom, aged about fifty-three years, testified that last summer before Salem court John Lee and Mr. John Gifferd came to his house and the former showed an execution subscribed in Marshal Waight's name deputing said Lee to serve it on Henery Dispawe, and at the same time there was a trunk of glasses in deponent's house which he bought of Dispoye. Gifford ordered Lee to serve the execution on the trunk, but deponent prevented him, Gifford saying that he need not be afraid of Samuel Apelton, Dispaw or deponent, etc. Deponent met Lee again at the widow Hathorn's, etc. Sworn in court.
¡Autograph.
334
IPSWICH QUARTERLY COURT
[Sept.
Mr. Francis Wainwright v. Clement Gross. Debt. Ver- dict for plaintiff .*
Mr. Francis Wainwright v. Robert Cox. Debt. Verdict for plaintiff.
John Knight, sr. v. Samuell Watts. For not delivering a black horse. Verdict for plaintiff.t
*Writ, dated Aug. 31, 1677, signed by Ephraim Turnor,} for the court, and served by Returne Waite,# deputy marshal of Suffolk by attachment of the dwelling house and grounds of defendant in Boston.
Francis Wainwright's bill of cost, 1li. 16s. 10d.
Clement Grose, Dr. June 8, 1676, to 200 bushls. of malt at 3s. 9d., 37li. 10s .; 23 : 4 : 76, to 194 1-2 bushls. of malt at 3s. 9d., p. Cows, 36li. 9s. - d .; 18 :7 :76, to 100 bushls. of malt at 3s. 9d., p Cows, 18li. 15s .; 21 : 12 : 76, to 100 bushls. of malt at 3s. 9d., p Cows, 18 li. 15s .; 13 : 1 : 76-7, to 29 bushls. of malt at 3s. 9d., p Cows, 5li. 8s .; total, £116. 18s. - d. Sworn by Giles Cows and Thomas Numarch before Daniell Denison.#
Cr., Aug. 4, 1676, to money to myself and pd. Mr. Joliff, £55. ¿John Knight's bill of cost, "for feching old Weats and his Sonn befor captin saltinstall neer 4 mils," etc., 2li. 11s. 2d. Bond, dated Oct. 27, 1672, given by Samuel Watest and Samuell (his mark) Giell, jr., both of Havarel, to John Knight of Newbery, for 13li. 14s., in pork by barrel at Robert Clemanses now dwelling house or sent down to Newbury and Indian corn. This pay was for two oxen received of John Knight. Wit: James Peckert and John (his mark) Heathe, jr. Sworn, Oct. 3, 1676, before Nath. Saltonstall, com- missioner.
Nath. Saltonstall,¿ commissioner, certified that as near as he could tell on account of blots on the back of the bill, there was written "This 25 of December 74 Recieved by mee Jno. Knight of ye one half of this bill within written of Sam11 Gild by Goodman -
of a steere in ye possession & ye other steere in ye hands of Nath11 Ayer, the wittnesse Re- ceived eighteen shillings." John Knight owned that he had endorsed the receipt of one steer received of Samll. Gild, sr., for his son, etc.
Robert Ayers testified that by order of the Court of Assist- ants he seized a black steer of four years old in possession of Robert Clemens of Samuell Gills, jr.'s estate which steer he heard Samuell Gild, sr. say he had delivered to John Knight of #Autograph.
335
RECORDS AND FILES
1677]
Mr. Wm. Bowditch v. John Pilgrim. Debt. Withdrawn. John Pilgrim v. Wm. Bowdish. Debt. Withdrawn.
Robert Hooper and Elizabeth, his wife v. Edward Hock- man and Richwood, his wife. Slander. Withdrawn.
John Pickring v. Sergeant Thomas Clarke. Appeal from a judgment of Major Generall Denison, Esq. Verdict for defendant, the confirmation of the former judgment .*
Newbery as part pay for his son Samuel's debt to Knight. Sworn, Sept. 19, 1677, before Nath. Saltonstall, t commissioner.
John Knight's account, received 1 steer, 4li .; by Goodman Starling, 18s .; 2,006 feet of pine boards dd. at Newbery, 5li .; a great black steer, 5li .; total, 14li. 18s.
Robert Ford deposed that on Sept. 12 or 13, he told John Knight that forgery might be proved against him for writing something upon the bill which Sam. Watts gave him about the horse and read John Kent's evidence. He answered that he only mended a letter or two that were dark, and that he did not intend anything wrong. Sworn, Sept. 24, 1677, before Nath. Saltonstall,¡ commissioner.
Robert Clement deposed that he had in his yard a steer of Samll. Gild, jr.'s which had formerly been in the hand of Nathaniel Ayers, etc. Daniel Clement testified to the same, Sept. 24, 1677, before Nath. Saltonstall,f commissioner.
James Sanders testified that carrying a raft of boards from Jno. Haseltine's to Newbery in the summer of 1677, Jno. Knight with others of Newbery were there to receive boards and after he had gone Sam. Watts told deponent that he had some more boards at Sterling's for said Knight. De- ponent received them for said Knight to the number of forty which amounted to above a thousand feet. Further at Bos- ton being in discourse with Jno. Knight at the time of the trial of Sam. Gild, jr., for his life, etc. Sworn, Sept. 25, 1677, before Nath. Saltonstall, ¡ commissioner.
Daniel Ela deposed that the same day that Robert Ford, constable of Haverhil, attached Samuel Watts, John Knight being at deponent's house, asked to borrow an inkhorn which he had of John Kent, etc. Sworn in court.
*Sargeant Thomas Clarke'st answer to John Pickerens reasons of appeal: "Imp: Whereas the Appealant alledgeth in his first Reason, That he never knew that he had a son so called, and a horse so detained: We say that reason is utterly falce, as doth appeere by the Testimonies of Tho. Clarke, and
tAutograph.
336
IPSWICH QUARTERLY COURT
[Sept.
Jonathan Clarke at the tryall of the said Action; Therefore good reason your Appealant should be so sentenced, 2ly. Whereas ye Appealant alledgeth yt he thought to haue found ye Plaintiff there, but as your appealant saith did not find him, it is utterly falce as did appeare by the Major Generalls Answere unto ye Appealant, and the Law Cited by the Appeal- ant, saith, If no plaintiff Appears for to prosecute then the defendant to haue cost. But the plaintiff there did prossecute upon the first call: Therefore we see no reason of Appeale. But hope yt this honoured Court and Jury will so Cause to Confirm ye former Judgement with an Addishion. 3ly. We answere our Attachment is rightly specific and in it briefly specifieth for what who is your Appealant and detained our horse and received money for keeping of ye said horse as doth appear by Tho. and Jonathan Clarke, their Testimonys 4th We Answere unto his fourth reason That he did detaine our horse and by so doing detained my son Freeman Clarke 3 : or : 4 : dayes as doth Appeare by ye Testimonies of Tho: and Jonathan Clarke: And therefore we humbly Conceiue this honoured Court and Jury may hereby find reason to confirm ye honoured Major Generalls Judgement which hath not give more then our damage hath been.
"5th. We Answer yt your Appealant hath done ye de- fendant great wrong he having as doth Appeare taken into his Custyty our horse and money for pay for keeping ye said horse and we could not haue him upon demand which is con- trary to the custume of our English Nation for goods Com- mittee to an Inkeeper is to ye end they may be secured and returned to the owner upon demand. The horse was de- manded as doth Appeere by ye Testimonies of Tho: and Jon- athan Clarke at which demand, he who Commited the horse to John Pickeren and his horselour could not haue his horse in two or three dayes after nor could haue no sattisfaction for ye detaining of him only bad Language. 6ly And if we may be our own Judges as your Apealant hath undertaken for to be his: we then say we are damnyfied to ye vallue of 20 : or 30 : shillings and we crave ye benifit of yt Law which giues Juryes leue to augment or Abate upon Appeales. 7ly. where- as ye Appealant pretends great damage hath been done to him which I answere That to be utterly falce for we demand our Just due which we would haue taken with losse to ourselves And whereas he pretends that ye officer was halling of him to Jayle, it was for his doing ye Marshall wrong and not for ye Security for this Action for 5 : shillings for ye first would haue relased him from this Action: Therefore we leaue it to your honours Consideration, who is the most vexatious man."
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1677]
RECORDS AND FILES
337
Samuell Bishop v. Theophilus Willson. Appeal from a judgment of Samuell Symonds, Esq., Dep. Govr. Verdict for plaintiff, the reversing of the former judgment.
Ebenezer Hathorne, executor to John Hathorn, deceased v. Paul Willson. Verdict for plaintiff .*
Robert Lord, marshal v. John Vinton. Debt. Verdict for plaintiff.t
Robert Lord, marshal v. Edward Richardson, James Ord- way and John Pearson. Debt. Withdrawn.
John Pritchett v. Samuell Browne. Debt. Verdict for plaintiff .¿
Mr. John Gifford, Andrew Peeters and Symon Tuttle were bound for said Gifford.
John Line dying intestate, court granted administration of his estate to John Wainwright and ordered him to bring in an inventory to the March court.
James Fooard dying intestate, court granted administration of his estate to John Wainwright and ordered him to bring in an inventory to the March court.
Tadeus Brand dying intestate, Capt. Thomas Marshall was appointed administrator of his estate and was ordered to bring in an inventory to the next Salem court.
Deacon Goodhue had his license renewed for a year.
Thomas Judkin had his license renewed for a year to keep ordinary, also his license to draw liquors renewed for one year.
Quartermaster Perkins had his license renewed for a year, also his license to draw liquors.
John Sparke had his license renewed for a year.
*Bond, dated Mar. 22, 1674-5, given by Paul Wilson§ of Chairlese Towne, to John Hathorne of Lin, for 25s. in silver. Wit: John Pemberton§ and Isaac Smith.§
¿Bond, dated Mar. 30, 1677, given by John Vinton§ of Tops- field to Robert Lord, marshal of Ipswich, for the payment of 20s. to Richard Semons and 20s. to Bellringer. Wit: John Browne.§ Sworn in court.
#Bond, without date, given by Samll. Browne§ of Salem to John Pricket of Topsfeild, for a cow. Wit: Ephraim Dor- man§ and Joseph Pricket.§ Sworn, 27 : 7 : 1677, before Wm. Hathorne,§ assistant.
§Autograph.
338
IPSWICH QUARTERLY COURT
[Sept.
Mr. Wainwright had his license renewed for a year.
Mr. John Browne dying intestate, court granted adminis- tration of his estate to Hanah Browne, widow, who was ordered to bring in an inventory to the next Salem court.
Walter Roper was released from training, paying a bushel of Indian corn a year.
Mr. Thomas Woodbridge was licensed to sell wine and liquors, as other traders, for a year.
After the verdict of the jury was given in, in the case be- tween Mr. Shepard and the town of Rowley, court understood that there were but eleven of the jury and it was ordered that the case should be heard over again with a full jury.
John Knowlton acknowledged judgment to merchant Fran- cis Wainwright before Major Hathorne in wheat and barley.
Upon petition of Richard Kent of Newbury to have the division line run between Newbury and Rowley in Plumbe Island, court appointed Major Robert Pike, Ens. Thomas Howlett, Daniell Pearce, Ezekiell Northend and John Pickard a committee to effect the same, at the charge of Richard Kent.
Thomas Thurlah being bound over to this court for mis- demeanors in his house, was convicted and it was ordered that he keep ordinary no more. For selling wine and liquor without license, he was fined.
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