USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 12
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Richard Norman, aged about fifty years, deposed that John Hart was an inhabitant of Marlbehead and his son Jonathan Hart is now dwelling in Salem. Sworn in court.
Moses Mavericke deposed. Sworn, Apr. 1, 1678, as commissioner.
Moses Mavericke* and Thomas Pitman,* on Apr. 2, 1678, appraised the land on the farm as worth 40s. per acre.
Jno. Cook and Thomas Flint testified that Rowland told them that he had none of Hart's land, but he bought a cow's lease of Capt. Corwin on the com- mon. Sworn in court.
Richard Norman, aged about fifty years, and James Dennis, aged about thirty-five years, deposed. Sworn in court.
John Traske* and John Cookc* testified that they appraised the land in controversy, on Mar. 26, 1678, at 4li. 15s. Sworn, Mar. 26, 1678, before Moses Mavericke,* commissioner.
Letter of attorney, dated Apr. 11, 1673, given by Jonathan Hartt of Salem, to his brother-in-law Edward Flint and Jeremiah Neale of Salem. Wit: Matthew Woodwell* and John Andrews .* Sworn before Wm. Hathorne .*
Daniell Crocker, Richard Meak and John Breime deposed that being at Jno. Wilkinson's house the last night about seven o'clock, on Mar. 6, they saw one pint of rum drunk among eight men and nothing else but a cup of small beer. Sworn, Mar. 7, 1677, before William Browne,* commissioner.
Petition of John Wilkason,* Apr. 2, 1678, to the Salem commissioners: "You may Remember that not longe senc I was bound over to this court to Answer for a crime|| as I am charged|| for sum parsons drinking in my hous and Thomas Edwards being overtaken with drinke now the Answer that I now make is that this edwards with sum others brought me sum fish and it was very could wether and ther being ayght in company I Burned one pint of rum and that we dranke together and every one as well as I am now for ought I could parcaue: but this edwards did goe to the glob and drank severall pots of bear after he was at my hous and as I am informed did drink rum at another publick house that I am not willing to name, I nether sould rum for fish nor bought fish and payed for it in rum: but only the rum that I gaue them was to requit them for a kinys for as the ould provarb hath it one good turne desarvs another as when the portars haue done anny kinys for a mar- chant my Judges hear knows it that they used to be stow a dram or a Glass or tow of wine one that hath done them any kidnys, " etc.
Rich. Meeke and Jno. Browne, aged about thirty years, testified that they drank a bottle of rum and when they went out they lost Thomes Edwards and did not know where he went. Sworn, 7 : 1 : 1677-8, before Edm. Batter,* commissioner.
Will. Downton testified that he asked Jno. Browne why he left his companion and he replied that he was afraid the constable would come and take him. Sworn before Edmund Batter .*
Bond of Jno. Wilkinson and Jno. Launder, taken by Edmund Batter .*
Warrant, dated 2 :2 : 1678, for the apprehension of Gilbert Tapley for raising reports about Mr. John Higgenson, signed by Hilliard Veren,* for the court, and served by Wm. Curtis,* constable of Salem.
Manassah Marston, aged about thirty-six years, deposed that about a month since being in company with William Punchard and Joseph Straker, he heard them say that Gilbert Taply reported to them that "Mr. Higginson Laid In to gett thatt part of the Neck that Joined to Capt. Savage his grownd and the reason why he soe Indeavored to get the sd land was thatt he being in his
*Autograph. ¡Autograph and seal.
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sons debt might therby pay him that debt." Sworn, Mar. 25, 1678, before Bar- tho. Gedney,* commissioner.
Warrant, dated 2 : 2 : 1678, for the apprehension of Morgaine Joanes, Wil- liam Lake's man, for being much in drink, signed by Hilliard Veren,* cleric, and served by Wm. Curtis .* constable of Salem.
Warrant, dated 2 :2 :1678, for the apprehension of Thomas Vealy and Charles Hill, and also a summons to James Browne, glazier, as witness against the former, and Edward Bridges and his wife as witness against the latter, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem.
Ed. Bridges and Sarah his wife testified that about one month ago Charles Hill came to our house upon a Lord's day in the morning and desired a pot of beer and a cake. They asked him to go to meeting but he replied that he al- ways went to the Quakers meeting and he scorned to go to hear old Higgenson for he was an oppressor of the poor and he bound it by swearing by the name of God. Sworn in court.
Sarah Milke testified that she saw Gils Alley come from William Lake's way Saturday about May 22 so distempered with drink that he ran against the pales. Alice Parker testified to the same. They also testified that Jno. Mansfield and Jno. Dunster came into their house from Lake's way and being in drink frightened them. Sworn, 2 : 2 : 1678, before Edmund Batter,* commissioner.
Writ of execution, dated 2 : 2 : 1678, against Mr. John Gifford, to satisfy John Lee, signed by Hilliard Veren,* cleric.
Warrant, dated 6 : 3 : 1678, for the apprehension of Giles Hibbins, signed by Edmund Batter,* commissioner.
"William Dounton, henery west william Swetland as tithingmen going to see what Company ther was in the ordenary and to kler the houses after we had ben about the oupper part of the town we went to frances kollenses whear we found william Curtis and thomas searel konstabels sitting befor the fier with ech of them ther men to atend them they told us that they wer going the Rouns we found them smoking and so we left them the euning being shet in we Returned hom but we thoft it was no good exampel for konstabels so to doe
"on the 4 may being the last day of the last week after the euning was shot in wee went to frances Collenses again and ther wee found konstabel tomas serel and 3 more with him discorsing about mater not sutabel for the begin- ing of the Saboth with a pot in on of ther hands wee told them that it was not wel don to be drinking ther at such a tim as that was the Constabel Replyed that ther had ben no bear Cald for sinc he Came into the hous we must Confes that we saw no bear but wee saw them seting Round together smoking and the pot in on of ther hands sum words wer spocken against such an euel ex- ampel wher apon the Constabel start up from his seat and in his desplesur required us in his magestys nam to go along with him for he was Resolved to go to Gilbord taplys wee Redyly obeyed his Comand and went with him and as we going doun along we saw thomas Ros Come out of John taplys hous as wee thought the Constabel past along by him myself also past by him and spack not to him but goodman west spak to him and asked from wenc he cam he ancered sorlily and said what is that to thou or words to that purpos and Returned upon me will Dounton with many abusful languag at which words I was not moued but said to him that he mit go about his bus but he being disgised in drinck as we did aprihend and would not be perswaded to go his way and we left him and went to John taplys hous and he folloed us to the hous with many thretning speches saiing that he would breack my bons and his stick was up as thow he would have executed his fury he hering spack of going to gilbord tapleys said that ther wer them that whould breack our bons and far- der said that if he had me but half a mil from that plac that he would break my bons I spack to the Constabel and asked him wher he whould se such an abuc and not aprehend the man but he was not wiling for he did not wher upon I said if he whould not then I whould and Required the Constabels
Autograph.
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assitsane in his magesty nam but he Replyed that wee Could not Requir him but said that it was an abus atorrity and said that he must bear testamony against it but was not willing that he should be caried before a Comishonr now beeaus he was in drink but he was willing to goe thene and wee broft him away and by the way he said have I ben a Captain for the kontry and fout against the Ingans and now to be handled by such pitiful fellows a pox tack you al with many other unkoomly words til wee cam to mister gidnes hous." Sworn by William Dounton and Henry West, 7 : 3 : 1678, in court.
Writ of execution, dated 29 : 5 : 1678, against Mr. Christopher Lattamor, to satisfy judgment granted Capt. Richard More, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem.
Richard More's bill of cost, 18s.
Mr. Christopher Lattamor, Dr., May 10, 1675, for a pr. of pannells & mend- ing of a Sadle, 3s .; Making up a sadle, 14s. 6d .; 2 buckells & buckling a girt, 6d .; a pr. of swivell stirrops & leathers, 4s. 6d .; one smale Trunke, 4s .; one large Trunck, 7s .; one fox chaine & coller, 2s. 6d .; one Trunke more, 4s .; one snaffell, 9d .; covering one sadell, only the seat was your own, 10s .; one stirrop Iron & a girt, 2s .; total, 2li. 2s. 9d.
Writ: Richard More, as the husband of the relict of Samuel Crumton v. Christipher Lattamor; debt; dated May 23, 1678; signed by Hilliard Veren,* for the court; and served by Henry Skerry,* marshal of Salem.
Writ: Benjamin Masure v. Edmond Bridges; debt; dated 26:4: 1678; signed by Hilliard Veren,* for the court; and served by Robert Lord,* by at- tachment of a shop of defendant's.
Edmund Bridges' bill of cost, 7s.
Edmond Bridges was presented for his unfaithfulness to Benjamin Mazure, he being his attorney to manage a case for him when absent at sea, having ac- cepted 10s. therefor; and upon an appeal from the judgment, he became at- torney for the opposite side, Phillip English.
Letter of attorney, dated May 27, 1678, given by Benjamin (his mark) Mazuret of Salem, fisherman, to James Browne, glazier, of Salem. Wit: Hilliard Veren, sr.,* and Timo. Lindall .*
Copy of bond, dated 30 : 8 : 1677, given for Benjmain Mazury's appear- ance, signed by James Browne, Edmond Bridges and Benjamin (his mark) Mazury.
Benjamin Mazury's bill of cost, 15s. 8d.
Henry Skerry, jr., aged about forty years, and James Browne, aged about thirty years, deposed that they saw the 10s. paid, etc. Sworn, 26 : 12 : 1677, before Bartho. Gidney,* commissioner. Lawrence Masury deposed the same. Sworn, 28 : 3 : 1678, before Edmund Batter,* commissioner. James Browne owned the foregoing testimony in court.
Phillip English, aged about twenty-seven years, testified that being in com- pany with James Browne of Salem at Mr. Daniell King's house sometime in November last, he heard James Browne say that he was attorney for Mazure and so deponent tried to persuade Edmund Bridges to be his attorney but he refused. Deponent then employed Lt. Way of Boston. Sworn in court.
Phillip English's reasons of appeal, signed by Edmond Bridges, * as attorney : "it is every dayes waye in every trading towne, for marchants upon neglect of payment, for to arrest theire debtors," etc. The debt was for the passage of a maid from Jerzey. Sworn, 27 : 12 : 1677, before Hilliard Veren,* cleric.
Copy of letter of attorney, dated Oct. 27, 1677, given by Benjamin (his mark) Mazure of Salem, seaman, to James Browne of Salem, glazier. Wit: Hil- liard Veren, sr., and Laurance Mazure.
Walter Fayerfield, aged about forty-seven years, deposed. Sworn, June 27, 1678, before William Browne,* commissioner.
Nathaniell Beadle deposed that James Browne said he received of Mazure twenty shillings. Phillipp English testified to the same. Sworn, 2 :5: 1678, in court.
Writ of execution, dated Aug. 2, 1678, against Thomas Tuck to satisfy * Autograph. ¡ Seal.
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judgment granted Mr. John Ruck, sr., signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem.
John Ruck's bill of cost, 14s. 10d.
Writ: Mr. John Ruck v. Thomas Tuck, sr., blacksmith; debt; dated 13 : 4 : 1678; signed by Hilliard Veren,* for the court; and served by Henry Sker- ry,* marshal of Salem.
Writ: Mr. Steephen Haskett v. Christopher Latamore; debt; dated 14 : 4 : 1678; signed by Hilliard Veren,* for the court; and served by Henry Skerry,* marshal of Salem.
Writ: Mr. Steephen Haskett v. Jonathan Knights; debt; dated 14 :4 : 1678; signed by Hilliard Veren,* for the court; and served by Henry Skerry, * marshal of Salem.
Writ of replevin, dated 5 : S : 1678, for a mare of Jeremiah Rogers im- pounded by John Bullock, signed by Hilliard Veren,* for the court, and served by John Norman,* constable of Salem.
At a meeting of the selectmen of Salem, 19 : 2 : 1678, James Poland and John Holmes were chosen surveyors of fences in the south field, as attest, Jno. Higginson,* recorder.
Jno. Bullock's bill of cost, 13s. 6d.
John Simson, aged about forty years, testified. Sworn, 5 : 9 : 1678, before Ed. Batter, * commissioner.
John Sympson, aged forty years, deposed that being in the south field about a week before it was laid open, at the time when John Bullock, the hayward of the said field, had impounded a mare of Jeremiah Rogers, the latter asked Bullock if he would let his mare out of pound. He said that he would not for the mare had been impounded before and it had not been paid for. Rogers replied, "yor father Pickering hath put his Cattle into the south field many & many a time and I have taken him coming out with them which I can prove and after yor Fathers Cattel haue been turned out then you have pounded other folks Cattell, then the sd Bullock spake to those that were present Gentlemen bear wittnesse how he abuseth my Father who scornes such a thing."
John Bullock testified to the same. Sworn, 5 :9 :1678, before Edm. Batter,* commissioner.
John Sympson, aged about forty years, deposed concerning the gray mare, etc. Sworn, 5 : 9 : 1678, before Edm. Batter, commissioner.
Resolved White, aged about sixty-three years, deposed. Sworn, 5 :9 : 1678, before Edm. Batter,* commissioner.
James Pollard, aged about forty-six years, and John Holmes, aged about thirty-nine years, chosen by the selectmen of Salem as surveyors of fences in the south field, testified that the north side of the south field fence was sufficient for all orderly cattle. Sworn, Nov. 5, 1678, before Bartho. Gedny,* commissioner.
Manasseh Marston and John Glover, jr. deposed. Sworn, 5 :9 :1678, before Edm. Batter,* commissioner.
Writ: Leift. John Higgenson v. Benjamin Webster; debt, for a parcel of leather which Webster took of John Devorix on plaintiff's account; dated 15 : 8 : 1678; signed by Hilliard Veren,* for the court; and served by Robert Lord,* marshal of Salem. Bond of Samll. (his mark) Moses and Ben. (his mark) Webster.
"M" John Devorix if you please to accomodate Benj. Webster with a prcell Lether fitt for his use to the value of fiue pounds I will pay you for it in Goods when you please to Call for it but take his receipt for what he has."
"Salem: 27 March 1678.
Ye freind Jnº. Higginson .*
On the reverse: Receipt signed by Benjamin (his mark) Webster. Jno. (his mark) Devorixes receipt, dated 9 : 2 : 1678, to Jno. Higginson for goods. Sworn, 12 : 9 : 1678, in court.
Jno. Higginson's bill of cost, 1li. 2s. 4d.
Warrant, dated 7 :9 : 1678, for the appearance of Edmond Bridges, for *Autograph.
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swearing, signed by Hilliard Veren,* eleric, and served by Henry Skerry,* marshal of Salem, by attachment of land and shop of Bridges.
Warrant, dated 2 :9 : 1678, for Edmond Bridges' appearance before the Salem commissioners, signed by Edmund Batter,* commissioner, and served by William Curtis,* constable of Salem.
Summons, dated 11 : 9 : 1678, to Edward Flint, Thomas Robbins, John Cook and Joseph Gatehell, as witnesses in the foregoing case, signed by Hil- liard Veren,* clerie, and served by Henry Skerry,* marshal.
Summons, dated 12 : 11 : 1678, to Mathew Barton, as a witness in Bridge's case, signed by Hilliard Veren,* clerie.
Joseph Gatchell, aged about twenty-six years, testified that he heard Ed- mond Bridges, sr., affirm in open court when he appeared against Richard Croade that it had been a common thing at Croade's house for these seven years to give entertainment to Indians and sell liquor to them, to which all the neighbors could testify. Also Edward Bridges said that he had no friend in Salem but the honored Court and that two Indians came to his house on a Saturday night drunk from Croad's house and he arose from his bed to beat them away. Sworn, 1 :8 :1678, before Edmund Batter,* commissioner.
Hugh Joanes, aged about forty years, testified that he heard Edmund Bridges, sr., say to Mrs. Croade in her house sinee she kept ordinary, etc. Sworn, 2 : 7 : 1678, before Edm. Batter,* commissioner.
Hugh Joanes, aged about forty years, deposed that he was in the house of Mrs. Croade when Edmond Bridges was sitting by the fire near her, and de- ponent leaned his hand upon the back part of the chair in which Bridges sat, taking notice of his actions toward her. John Proeter, sitting by the same fire, said to Bridges, "I do not doubt but thou wilt be ye First that will doe this woman a damage if ever thou hast opportunity." Bridges replied, "Noe I wish I may perish If ever I doe her a mouth full of wrong" and he swore by his maker and wished the ground might open and swallow him up alive, etc. Sworn, 2 : 7 : 1678, before Edm. Batter,* commissioner.
Joseph Gatchell, aged about twenty-six years, testified that being in Mr. King's entry at the court adjournment when Edmond Bridges had appeared against Richard Croade, Mrs. Croade said "Neighbor Bridges I am glad to see you well, but I should be glad to see you better; you have forgott sinee you wisht God might confound your body & Soule if ever you went about to do me wrong." Bridges replied, lifting up his hands and eyes toward heaven, "Ay, I have forgott it, for I never spake ye words." Sworn, 1 : 8 : 1678, before Edmund Batter,* commissioner.
Joseph Gatchell, aged about twenty-six years, testified that being at Ed- mond Bridges' house to confer with him about a bill he had upon Edward Richards of Lynn, said Bridges advised deponent to try the case before Major Hathorne and he would plead the case for him for 5s., saying "my life for ye Cause, drumm Major, I will recover ye money for I never loose a Case before Major Hathorne." Deponent said that for his trouble he would like to be at the expense of a pint of liquor, and Bridges said to send to Croad's "for Ile never leaue sending thither till I rout them for theire ordinary keep- ing my life for ye cause sayes Bridges. Come Mr Blano drinke to my Lady sayes ye said Bridges." Sworn, 1 : 8 : 1678, before Edmund Batter,* com- missioner.
John Phelps, aged about thirty-six years, testified. Sworn, 25 : 7 : 1678, before Edmund Batter,* commissioner.
John Cook, aged about thirty years, testified. Sworn, 2 : 7 : 1678, before Edm. Batter,* commissioner. Peeter Cloyes testified.
Charles Phillips, aged about fifty years, testified that he heard Bridges say in the latter's house that he wished that he might never enter into the kingdom of heaven if he ever did Mrs. Croade any harm. Sworn, 12 : 6 : 1678, before Edmund Batter,* commissioner.
Edward Flint and Thomas Robbins deposed that they never knew that *Autograph.
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[Nov.
Elias Pickworth v. Richard Thistle. Nonsuited .*
*Writ: Elias Pickworth v. Richard Thistle; for not teach- ing him the trade of a cooper as agreed, on May 9, 1672, by covenant; dated Oct. 28, 1678; signed by Thos. Fiske,t for the court; and served by John Sampson, t constable of Beverly by attachment of the dwelling house of defendant.
Croade or any of his family sold drink to Indians. Sworn, 12 : 9 : 1678, in commissioners' court.
John Procter, aged about forty-six years, deposed. Sworn, 12 :6 : 1678. before Edmond Batter, t commissioner.
At a Commissioners' Court, Oct. 2, 1678, Joseph Getchell v. Sarah Haven, for debt, judgment respitted until the court to be held Nov. 5, when court gave judgment for defendant.
Jeremiah Rogers v. John Bulock; for replevin of a mare; judgment for defendant.
Eleazer Keizer, for violence toward William Pinson, was fined.
Leift. John Higginson v. Benjamin Webster; debt; judgment respitted. Edmund Bridges was fined for contempt.
Mr. John Hegson, Dr., for a Paer of Pla shooes for Paul Mansfeld, 6s., for his wife's shoes, 6s., Damaros a paer, 6s .; 2 Paer of cheldn shoes, 6s. 6d .; menden, 2s; menden, 1s. 6d .; for youerselfe for menden child shoo, 3d .; for menden your mads shooes, 6d .; 5 Paer of Plan shooes, Ili. 5s .; 2 Paer of woman shooes, 12s .; 2 Paer of mens shooes, 14s .; total, 3li. 19s.
Writ of execution, dated 28 : 9 : 1678, against Joseph Gatchell to satisfy judgment granted Sarah Haven, signed by Hilliard Veren, t cleric, and served by Henry Skerry, t marshal of Salem, who sent the money to said Sarah by her messenger, John Tarbox and John or Thomas Nowell of Lin.
Warrant, dated 2 : 9 : 1678, for the appearance of Elieaser Keiser, signed by Edm. Batter,t commissioner.
Summons, dated 2 : 9 : 1678, to Benjamin Keaser, Moses Vowden and John Mansfeild, as witnesses in the action between William Pinson and Elizer Keaser, signed by Hilliard Veren.t
Benjamin Keyser, aged about twenty years, deposed that when Wm. Pin- son came into his father's house, his brother Eleazer Keysor shut the door and quarrelled with him and would not let him out. Sworn, 2 : 9 : 1678, before Edm. Batter, t commissioner.
William Pinson's bill of cost, 10s.
Due to Mrs. Mold from William Pencens,t for three sear cloaths and a pott of ointment, Ss., for use on a hurt received by Eliezar Kezar.
Marah Tarboxe testified that sometime last September being at his fath- er Haven's house, when Joseph Gatchil and Sarah Haven were reckoning for work done by Gatchil in his trade and for what he had laid out in finishing her clothes, Gatchil said if she would pay him 2s. in money or mutton, the account would be settled. Rich. Haven, sr., of Lin testified to the same. Susanah Haven, aged about fifty-six years, testified to the same. Sworn, Nov. 5, 1678, before Bartho. Gedney, commissioner.
John Mansfield, aged twenty years, and Moses Vouden, aged about thir- ty years, deposed that they heard a great noise in Mr. Keysor's house and going in heard Keysor say to Wm. Pinson that if he did not pay him two shillings he would have his skin, etc. Sworn, 4 : 9 : 1678, before Edm. Bat- ter,ț commissioner.
William Pinson, aged thirty years, deposed that Keysor struck him a violent blow on the breast and madly tearing him by the coat said "I will have your heart Blood you Dogg," etc. Sworn, 2 : 9 : 1678, before Edm. Batter, t commissioner.
¡Autograph.
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Benjamin Marshall v. Capt. John Whiple and Ensign Tho. Burnam. Verdict for defendant .*
* Writ: Benjemin Marshall v. Capt. John Whipple and Ensign Thomas Burnam of Ipswich; for, under pretence of power from the town of Ipswich, making a line and bound in his land, by which about fifty acres of land is cut off, which land is part of a farm formerly John Cogswell's, deceased, commonly called the great pasture; dated Nov. 18, 1678; signed by Thos. Fisk, t for the court; and served by Robert Lord,t marshal of Ipswich, by attachment of land of Ensign Tho. Burnam.
At a meeting of the selectmen Sept. 19, 1678, "The select men understanding that the Line betwen the comon and the grat pastur was run by the mutuall agrement of the owner and som sent by the select men and setled by the Consent of both parties doe therfor null what was done the 4th of January 1677 by mr wade and the rest with him." Copy made by Robert Lord, t cleric.
Copy of indenture, dated Jan. 16, 1650, between Daniell Denison, Robert Paine, William Paine and William Bartholmew all of Ipswich on one part, and John Cogswell, jr., of Ipswich, on the other part, in which the former leased to the latter all land in Ipswich commonly called the neck beyond Chebacco river, bounded by the said river on one side, and by two great creeks on the other two sides, and by the heads of the said creeks, as it was formerly bounded, upon a straight line from either, extending within two rods of the line that divides Ipswich from Gloucester bounds, which land was granted to said Denison and others by the town of Ipswich for the use of a free school in Ipswich forever; the lease was for a thousand years, with annual payment of 14li. in butter, cheese, beef, pork, corn, and Cogswell was to be allowed for any town rates, but not for county rates or ministry maintenance, etc. Wit: Joseph Paine, Francis French, Joseph Noyes and John Paine. Copy made by Robert Lord,t cleric.
Copy of lease, dated Dec. 6, 1673, given by Samuell Cogs- well of Ipswich to Samuell Pippen of Ipswich, husbandman, of a farm in Ipswich of 300 acres on the south side of Chebacco river, for ten years, paying the first two years, 42s. yearly, and the last six years, 10li. annually, in pork, beef, butter, cheese, wheat malt or Indian corn; said Pippen was given the right to cut timber for finishing the house and building a barn and other housing for cattle, also for firewood and fencing, and what land he cleared for corn, he could have the use of the wood, also he should be allowed for the buildings erected at the end of the lease. Wit: James Chute and Thomas ¡Autograph.
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