USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 18
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Letter of attorney, dated Mar. 6, 1678-9, given by Wm. Gerrish, § sr., of Boston to Tristram Coffine of Newbury. Wit, Peter Brackettt and Ann Paine .; Acknowledged, 6 : 1 : 1679: before Tho. Danforth, f assistant.
Writ, dated Feb. 25, 1678, signed by Anthony Somerby,+ for the court, and served by Returne Waite, t deputy marshal of Boston. Bonds of Wm. Gerrisht and Richard Lowle.t
Copy of order of the General Court, dated May 26, 1682, renewing and confirming administration of the estate of Elizabeth Goodale, formerly granted to Abraham Toppan and Elizabeth Lowle. Said Toppan, in right of his wife, and Thomas Millard and Richard Lowle, overseers of the will of Elizabeth Lowle petitioned, "that as this honored Court on there petition, in the yeare : 1647 : did grant unto the saide Abraham Toppan, in right of Susan his wife, and to Elizabeth Lowle execcutrix to the estate of her husband John Lowle power of Administration; to the estate of Elizabeth Goodale there mother amounting as per inventory to the vallue of one hundred ninety one pounds odd money exceptinge some goods which amounted to thirtie pounds, or thereabouts, which this court reserued liberty to John Goodale any time within thre years, to make challenge there unto, from that time, so now that time beinge expired, and no record found of the Courts grant, that this court would be pleased soe to order it, that the grant aboue mentioned, may be entred in the Court records, and stand firm to all intents, as if it had
+ Autograph. § Autograph and seal.
165
RECORDS AND FILES
1679]
Joseph Quilter, administrator of the estate of Marke Quilter v. John Wild. Debt. Verdict for plaintiff. Appealed to the next Court of Assistants. John Wild, with John Newmarsh and John Gould, as sureties, were bound.
Nathaniell Putman v. John Hibbert. Appeal from a judg- ment of the Salem commissioners. Verdict for defendant, confirmation of the former judgment .*
been entred at the time aboue mentioned, the grant aboue mentioned beinge fresh in the remembrance of the present secretary and seuerall deputies." Copy made by Edw. Raw- son,t secretary.
Ann Hills, aged fifty-eight years, testified that she heard Mistriss Elizabeth Lowle desire Mr. Thomas Millar to take care of her son Benjamen Lowle after her decease. Sworn, Mar. 22, 1678-9, before Jo. Woodbridge, t commissioner.
Benjamin Lowle's bill of cost, 3li. 15s.
Henirey Jaquich, aged about sixty years, testified that he hired of Mr. Richard Lowle ten pounds for two years, and paid him interest 2s. to the pound, which he told him was the children's estate. This was about eighteen or twenty years since. Sworn, Mar. 28, 1679, before Jo. Woodbridge, t commissioner.
Edward Richason, aged about sixty years, testified that he hired of Mrs. Millor three pounds and paid 2s. in the pound to her and Mr. Lowle until court ordered that five groats in the pound should be allowed and no more. Sworn, Mar. 27, 1679, before Jo. Woodbridge, t commissioner.
Nickelous Noyes, aged sixty-three years, deposed that he helped appraise the goods of Mrs. Elizabeth Lowle and Mr. Thomas Millar and Abraham Toppan showed the goods to him, Capt. Gerrish and Mr. Lowle being there, etc. Sworn, Mar. 31, 1679, before Jo. Woodbridge, t commissioner.
Copy of inventory* of the estate of Elizabeth Goodall of Yarmouth, old England, widow, taken Mar. 27, 1647, by Edward Rawson, Henry Short and Rich. Knight. Copy made from Suffolk records by Isa. Addington,t cleric.
Copy of inventoryį of John Lowle, taken June last, 1647. Copy made by Isa. Addington,t cleric.
*John Hibbert's bill of cost, 14s.
Nathanel Putnam'st reasons of appeal.
*For abstract of inventory, see printed Probate Records of Essex County, vol. 2, p. 447.
¡ Autograph.
#For abstract of inventory, see printed Probate Records of Essex County, vol. 1, p. 67.
166
IPSWICH QUARTERLY COURT
[Apr.
John Hibbert's* answer to Nathanell Putnam's reasons of appeal.
From the files of the Salem Commissioner's court, Dec. 3, 1678:
Writ: John Hibbert v. Nathaniel Putnam; for carrying away a parcel of timber without consent of said Hibbert; dated 27 :9:1678; signed by Hilliard Veren,* for the court; and served by Henry Skerry, jr.,* deputy for Henry Skerry,* marshal of Salem.
John Hibbert's bill of cost, 1li. 10s. 10d.
Zerobabel Endecott* certified that the timber which Nathaniel Puttnam "did fetch away was that which John Hibbert did cutt off my land, & workd upon by order or agreement from myselfe, & upon that account I giue him full power to sue in my behalfe."
Nathaniell Putnam's bill of cost, 14s. 10d.
"The 23 : 10 mº : 1639. Granted to m' Jnº Endicot all that Swampe that runneth in the line of his farme next to Goodm Chickerins & of the other side to the land that is laid out in small lots sometimes mr Batters." Copy made, 3 : 10 : 1678, from the Salem town book of records by Jno. Higgin- son,* recorder to the selectmen.
Job Swinerton* and Israell Porter* certified that they upon request of Nathaniell Putnam, measured a piece of land that was laid out to Goodman Gigles, 2 : 10 : 1678, and "interfering upon Antone Nedom," and found it 97, 27, 80 and 64 poles on the four sides, containing about twenty-three acres. Sworn in court.
Richd. (his mark) Lech, Fr. (his mark) Nurse, Jno. Pickering, Israell Porter and Jno. Hathorne, a committee chosen by the town to settle a com- plaint of wrong done by Nathaniel Putnam in taking the town common or claiming the same, reported that they went up there, 24 : 11 : 1677-8, and found that the land claimed by him was much more than his original grant or that tract which by bounds was laid out to him for Goodman Jegles. Nathaniell Putnam promised to abide by their decision and they proceeded to lay out to him 20 poles more than was formerly upon the southerly side of his original bounds as far as that tract would bear that breadth and angle besides, to the black oak of Mr. Downing's. Copy made, 3 : 10 : 1678, by Jno. Higginson,* recorder to Salem selectmen.
Deed, dated 7: 12 : 1658, given by William (his mark) Giggles, sr., of Salem, carpenter, to Nathaniel Puttnam of Salem, farmer, of fifty acres of upland and two and one-half acres of meadow in Salem, "the upland bordering on ye North side upon ye land of Job Swinerton of Salem, & upon ye South side on ye land of Nathaniel Felton & mª Emman: downeing, & haueing the land of Mr John Endicott junior, on ye East, & the land of Isaak Bacon on ye west, The Meadow lying among ye fifty Acres granted to the Eleuen Hundred acres of upland." Wit: Walter Price* and Edw. Norice, jr .* Acknowledged, 7 : 12 : 1658, before Wm. Hathorne .* Recorded in Salem records, page 51, by Hilliard Veren,* recorder.
Samll. Frayle, aged twenty-seven years, and Steven Smal, aged about twenty-two years, deposed that being desired by John Hibberd to go with him to Nathaniel Putnam, who had carried away his timber that he had cut by Mr. Endecot's order in the mirey swamp, they judged the work done on it by cutting, squaring and framing to be worth three pounds. Sworn in court.
Willyam Osburne, aged about thirty-three years, deposed. Sworn in court.
Samll. Frayle, aged twenty-seven years, and Steven Smal, aged about twenty-two years, deposed that they went with John Hibbert to Nathaniel Putnam's house. They overtook Thomas Ferman and said Putnam's son, and they saw the timber on Putnam's land near his dwelling house. Sworn in court.
* Autograph.
167
RECORDS AND FILES
1679]
Robert Dutch v. George Carr. Verdict for defendant .*
*Writ: Robert Dutch, sr., of Ipswich v. George Carr, jr. of Amesbury; for not performing an engagement, dated Dec. 21, 1677, concerning the vessel which William Carr, brother to said George Carr, agreed to build for said Dutch; dated Feb. 14, 1678; signed by Robert Lord,t for the town of Ipswich; and served by Robert Lord,t marshal of Ipswich. George Carr's bill of cost, 1li. 6d.
John Severance and Susannah Severans deposed. Sworn, Mar. 24, 1678-9, before Jo. Woodbridge,t commissioner.
William Carr'st receipt, dated 20 :4 :1678, to Daniell Peirc, for 4li. in money for the use of Robert Dutch of Ipswich. Wit: Robert Hastings; and Henry Jaques.t
Richard Hubbard, aged forty-five years, deposed that Robert Dutch desired him to find the iron work for the vessel and he never denied Wm. Carre any iron until the beginning of March. Sworn, Mar. 18, 1678-9, before Jo. Woodbridge, t commissioner.
John Dutch and Samuell Dutch deposed that a vessel of twenty-five tons was worth six pounds per month, etc. Sworn in court.
Thomas Norman, aged about thirty-eight years, testified that he being in company with Mr. John Ankquati, the latter asked if Robert Dutches vessel were built, for he was to be a partner with Dutch and would supply him with what money and goods he wanted to carry. Sworn in court.
Edmund Marshall, aged about twenty-nine years, testified that he surveyed the ketch, which was then two-thirds built and found some of the work to be defective, as a timber and plank, which Carr promised to take out. The floor also was not proportionate to a vessel of that burden. Sworn, Mar. 18, 1678-9, before Jo. Woodbridge, ¡ commissioner.
David Benite deposed that having passed over the ferry at Salsbury, he met George Car, jr., who said that his brother William Carr agreed to build the vessel according to true rule, art and covenant. Sworn in court.
John Felton, aged about thirty-two years, testified. Sworn in court.
John Putnam, jr., and Thomas Furman, aged about forty years, deposed that they carried away the timber in two loads, with four oxen in one team and two oxen and a horse in the other cart. The framing that was done was two pair "of prinseples and tow bemes Caked downe." Sworn in court. John Putnam, jr., aged twenty-two years, and Thomas Farman, aged forty years, deposed. Sworn in court.
John Putnam, sr., aged about fifty years, deposed. Sworn in court.
Jonathan Walkut, aged about thirty-nine years, testified that he saw John Hibbert working on the timber near the edge of the mirey swamp, framing part of a roof for a house. Sworn in court.
* Autograph.
168
IPSWICH QUARTERLY COURT
[Apr.
Wm. Carre, aged about thirty years, testified that his brother George refused to join in the covenant, as he had so many other engagements. Sworn, Mar. 17, 1678-9, before Jo. Woodbridge,* commissioner.
Robert Lord, marshal, and Stephen Cross deposed that it was agreed that the vessel should be built according to true rule and art, etc. Sworn by Cross, Feb. 5, 1678, before Daniel Denison,* and by Lord, Feb. 24, 1678, before Daniel Denison .*
Agreement, dated Dec. 21, 1677, between Robert (his mark) Dutch of Ipswich, mariner, and William Carr* of Salisbury, shipwright, concerning the building of a pink stern ketch. Said Carr agreed to build for Dutch "a good & substantiall Ketch to bee in length by ye keele thirty fower foot in breadth twelve foot by ye beame & six foot deep in ye hold to bee every way shipshapen, The said ketch to bee built wth two inch white oake planke to ye uppr. wale, & wth inch & halfe white oake plank upward, & to bee seiled fore & aft wth ye like condicond two inch planke: To lay her deck wth good two inch pine plank: the fore Castle to bee raisd twelue Inches & ye cabin abaft to bee raised two foot wth scuttles & hatches sutable & to doe & compleat all builders worke to a cleat: to fitt her with all ye masts & yards & to calke & lanche ye sd ketch by ye last day of August next ensuing ye date hereof: For & in Consideracon of all wch ye abousd prmisses to bee pformed & done as aforesd." Carr was to be paid at the rate of 3li. 5s. per ton, to be reckoned according to common account, at three several payments, one-third in currant New England money, one-third in provisions, two barrels of pork and two barrels of beef, and the other third in English goods, to be delivered at said Dutches house at Ipswich; the first payment was to be after raising the vessel, the second at the bringing of her upper wale, and the last at the launching and finishing. Dutch was to provide all iron work, Carr agreeing to give the smith seasonable warning, the work to be done at Nubery or Salesbury, and he was also to find five small Plymouth barrels of tar at 10s. per barrel and three hundred weight of okum at 3d. per pound to be deducted out of the provision part. Wit: Tho. Bradbury* and George Carr, jr .* Sworn, Mar. 18, 1678, before Jo. Woodbridge,* commissioner.
William Carr's account of what he had of Robert Dutch in 1677: At Mr. Frances Wanright's on Jan. 3, 1677, 4li. 12s. 6d .; Mar. 7, 1678, 2li. 18s. 2d .; to goods, 4li. 15s .; June 18, to goods, 4li. 11s. 7d .; at Mr. John Wainright's in May, 1678, 3li. 9s. 7 1-2d. To goods delivered myself to said Carr : on 3 : 11 : 1677, 4 pound of cassel sope, 5s .; 1 1-2 yd. kenting, 6s .; 1 quarter of a thousand of pins, 5d .; on 3 :1 :1678, to
* Autograph.
169
RECORDS AND FILES
1679]
John Dutch, assignee of Mr. Tho. Woodbridge v. Wm. Carr. Debt. Verdict for plaintiff .*
Daniell Wicom v. Capt. John Johnson, Ezekiell Northend
goods paid by Mr. Thomas Wodbraig, 1li. 9s. 4d .; on 1 : 2 : 1678, 1 pare of frinch fale shoose, 8s .; on 10 :3 :1678, to 9 bushels and a halfe of Indin Corne, 1li. 8s. 6d .; to 2 1-2 bush. of rye, 10s .; to 1 line, 3s .; to 1 barell of porke and 63 pound of porke, 5li. 1s. 2d .; to 6 yards of canvis, 15s .; 1 hat, 15s .; 1 bush. of wheat, 9s .; 1 galin of roome, 5s .; to 5 barells of tarr, 5s .; 1 pare of frinch fall shoouse, 8s. What money I have paid to this said Carr: to 1 hate and ribbin in moni, 9s .; to 6 pence to Mr. Bradbary, 6d .; 6 : 12 : 1677, to quarter- master Pourkines, 2li .; 6 : 12 : 1677, to moni sent by Samuell Savaranc, 10s .; 29 : 1 : 1678, to moni paid to Hugh March, 5s .; 30 : 1 : 1678, to moni paid to Mr. Thomas Woodbredg, 2li. 10s .; 10 : 3 : 1678, to moni he had of me, 2li .; paid for him to Goodwife Hassen, 2s. 6d .; paid by Mr. Benit, 4li .; paid to the smith in monis to Richard Hubard, 3li. 4s., which is for Iron worke said Carr has had for his use. Sworn by Robert Dutch in court.
December, 1677, and May, 1678, Richard Hubbard'st receipt for 94 pounds of spikes and 48 pounds of bolts.
Receipt, dated May 10, 1678, given by William Carrt to Robert Dutch, sr., for 9 1-2 bush. of Indian corn, 2 1-2 bush. of rye, one line three shillings by John Wanright, 3 pounds one barrel of pork and 63 1-2 pounds of pork, total, 5li. 1s. 2d., and two pounds of money, six yards of canvas, one hat, 9 shillings, one bushel of wheat, 5s., and one gallon of rum, 5s.
*Writ: John Dutch, assignee of Robert Dutch v. William Carr, debt, for a bill made to Mr. Thomas Woodbridge and made over to Robert Dutch; dated Dec. 23, 1678; signed by Robert Lord,t clerk to the town of Ipswich; and served by Onesephoris Page,t constable of Salisbury. Bond of John Stockmant and John Allin.t
John Dutch's bill of cost, 2li. 1s. 10d.
Bond, dated Nov., 1676, given by William Carrt of Sals- bury to Thomas Woodbridge of Newbery, for 21li. 2s. 5d. to be paid in boards or white oak pipestaves. Wit: Steven Swettt and Thomas Crosbie .; Sworn by Crosby, Oct. 2, 1678, before Jo. Woodbridge,t commissioner, and owned by Carr in court. On Aug. 24, 1678, Tho. Woodbridget assigned this bill to Mr. Robert Dutch. Wit: Timothy Woodbridget and Joseph Pike.t On Dec. 23, 1678, Robert (his mark) Dutch assigned it to John Dutch. Wit: Robert Lord, sr.,t and Nathaniel Lord .¡
¡Autograph.
170
IPSWICH QUARTERLY COURT
[Apr.
and Ezekiell Mighill, as townsmen, in behalf of the town. Withdrawn.
John Jewett v. John Comings. Debt. Withdrawn.
Samuell Pippen v. Benjamin Marshall. Appeal from a judgment before Major Genll. Denison, Esq., Jan. 9, 1678. Verdict for defendant, confirmation of the former judgment .*
*Copy of papers in this action tried before Maj. Denison, made by Daniel Denison:t
Writ: Benjamin Marshal v. Samll. Pippen; trespass; for selling or disposing of three or four pine trees to William Tompson, which trees were taken off land that Samll. Cogs- wel, deceased, leased to said Pippen, the latter having no right by lease, which lease is assigned to said Marshal, who had purchased the land for a thousand years; dated 1: 11 : 1678; signed by Robert Lord,f cleric, for the town of Ipswich; and served by Robert Lord,t marshal, by attachment of a parcel of barley and his horse.
Judgment for plaintiff, the defendant appealing to the next Ipswich court, with Samll. Gittins and William Tompson as sureties.
Benjamin Marshal's bill of cost, 1li. 7s. 10d.
Samll. Gittins and John Chub testified that Samll. Pippen told them that he would cut down and dispose of all the tim- ber that was good for anything upon the farm he had hired of Samll. Cogswel. Sworn, Jan. 9, 1678, before Daniel Denison.t
Edward Cogswel, aged about twenty-four years, and Willm. Cogswel, aged about nineteen years, deposed that some time about the breaking up of last winter, they sledded the logs that came of four pine trees for Mr. William Tompson, which grew in a very miry, wet swamp, which was not fit to plant corn in. The trees made eleven logs. Sworn, Jan. 9, 1678, before Daniel Denison.t
William Tompson, aged about twenty-nine years, deposed that ten of the logs were thirteen or fourteen feet long, etc. Sworn, Jan. 9, 1678, before Daniel Denison.t
Henry Swet, aged about twenty-two years, deposed that his master, William Tompson, etc. Sworn, Jan. 9, 1678, before Daniel Denison.t
Lease, dated Dec. 6, 1673, given by Samll. Cogswel of Ipswich to Samuel Pippen of Ipswich, husbandman, 300 acres of land with a farm upon it, with the trees and timber, lying on the south side of Chebacco river in Ipswich, for ten years; he was to pay 42s. yearly for four years, and 10li. yearly for the remaining six years, in pork, beef, butter, cheese,
*Autograph.
171
RECORDS AND FILES
1679]
Walter Fairefield, executor of the estate of John Soolart v. Ezekiell Woodward. Withdrawn.
Henry Bennett v. John Graves. Debt. Defendant pleaded a nonsuit because the date of the lease was not in the attach- ment, but court allowed the case to proceed, and defendant appealed. Withdrawn.
John Staniford v. John Graves. Debt. Verdict for plain- tiff, in wheat and malt .*
Edward Phelps v. Mary Kimball, administratrix of the estate of Thomas Kimball. Debt. For work. Verdict for plaintiff .¡
Mr. Thomas Walter and Richard Middlecut v. Mr. John Giffard. Verdict for plaintiff. Forfeiture of the bond of 2,000li. of good and lawful money of England.}
wheat, malt or Indian; he was to have what timber he needed for finishing the house, building a barn and other housing for cattle, also for firing and fencing; what land he cleared for corn, he was to be allowed to carry the corn away for his use, and was also to be allowed for the buildings he erected during the term of the lease. Wit: James Chute and Thomas Den- nis. On Jan. 25, 1674, Samuel Cogswel assigned this lease to his brother John Cogswel. Wit: Samuel Graves and Joseph Lee. On Dec. 1, 1677, John Cogswel assigned it to Benjamin Marshal. Wit: Philip Fowler and William Goodhue, jr. Recorded, Jan. 30, 1677, among the records of lands for Essex at Ipswich, book 4, page 125, by Robert Lord,§ recorder.
Samuell Pipen's§ reasons of appeal, received Tuesday, Mar. 20, at about four o'clock by Daniel Denison.§
Benjamin Marshall's§ answer to Samuell Pipen's reasons of appeal.
*Writ, dated Mar. 11, 1678, signed by Robert Lord,§ for the court, and served by Thomas Knowlton,§ deputy for Robert Lord,§ marshal.
John Graves Dr. to Jno. Staniford, June 3, 1678, due upon account, 3li. 15s. 9d .; delivered since in goods, 1li. 9d .; total, 4li. 16s. 6d .; Cr. per contra, 6s .; rest due, 4li. 10s. 6d.
John Staniford's bill of cost, 17s. 6d .;
¡Edward Phelps' bill of cost, 2li. 16s. 6d.
¿Writ: Thomas Wallter of Yonghall in Ireland, merchant, now resident of Boston, and Richard Midelcut of Boston, merchant, attorneys for John Wright of Ritsbridg, in the county of Essex, Esq., John Williams of Bristoll, merchant, Kattern Eatton of London, widow, executrix of her son John
§ Autograph.
172
IPSWICH QUARTERLY COURT
[Apr.
Eatton of London, mercer, deceased, and John Dodsworth of London, haberdasher, assignee of John Wright of Ritsbridg, administrator of the estate of Francis Allin, late of London, gentleman, deceased, v. John Gifford; for 2,000li., for not keeping articles of agreement made between said Giffard on one part and Richard Combe, knight, John Wright, Francis Allin, John Godfry, John Williams, John Eaton and Esseakel Fogg, on the other part, dated Mar. 10, 1678-9; signed by John Fuller,* for the town of Lyn; and served by Jon. Witt,* constable of Lyn, by attachment of a coal heap, two swine, a load of hay and a calf, and the land of all the farm houses, etc., and who left the summons with Gifford's wife.
Bill of cost of Jno. Frayd, attorney to Mr. Thomas Wallter, for ye bond and melting the wax and attesting it, etc., 8li. 6s 6d.
"To all that shall see these presents or heare them to be read sir Joseph Sheldon, Knight, Lord Mayor and the Alder- men or senators of the cittie of London send greeting Know yee that on the day of the date heerof, In the Kings maiestires court, holden before us in the chamber of the Guildhall of the said cittie psonally came and appeared, Richard Stonhill of London notary publick, Aged twenty eight years or there- about, being a pson well knowne and worthy of good faith and credit, And did by his solemn oath which he tooke upon the holy Evangelists of Almighty God Att the Instance and request of John Wright of Wrightsbridge, in the county of Essex Esquire," deposed that he saw John Gifford of New England, merchant, and Ezekiell Fogg, of London, merchant sign the bond, dated June 1, 1673; dated London, Oct. 25, 1676; and signed by Wagstaffe. Copy made by Robert Lord,* cleric.
Bonds of John Gifford and Ezekiell Fogg. Wit: Richard Stonehill and Wm. Renold. Copy made by Robert Lord,* cleric.
Letter of attorney, dated Oct. 25, 1676, given by John Wright of Wrightsbridge, Essex, to Thomas Walter of Yong- hall, in the Kingdom of Ireland, merchant, and Richard Medillcott of Boston, merchant, for the use of John Williams of Bristoll, merchant, Katherine Eaton, widow, executrix of her son John Eaton, late of London and John Dodsworth of London, haberdasher, in actions concerning certain Iron works in New England. Wit: John Hackman and Tho. Brooke. Acknowledged before Rich. Stonehill, notary public. Copy made by Robert Lord,* cleric.
Letter of attorney, dated Mar. 13, 1678, given by Thomas Walter of Yonghall in the Kingdom of Ireland, now resident in Boston, New England, merchant, attorney to John Wright
* Autograph.
173
RECORDS AND FILES
1679]
of Wrights Bridge, Essex, England, Esq., Katherine Eaton, and John Dodsworth. Wit: William Gilbert and John Hay- ward, scribe. Acknowledged before Edward Ting, assistant. Copy made by Robert Lord,* cleric.
Agreement, dated Aug. 2, 1673, between Mr. John Gifford and Mr. Ezekiell Fogg, as agents and members of the company of the Iron works, signed by Richd. Combe, John Wright, John Bulteell, Francis Allin, John Williams, John Gifford, Ezekiell Fogg, John Eaton and John Godfrey: "1. That you haue a due respect to our Generall Articles whereunto you both are pties. 2. We heare with psent you with bills of lading and factory accotts of English marchandizes to the neat import of fifteen hundred Eighty Eight pounds twelue shillings star: in such Commodities as wee hope will proue fitt for the marketts, wch goods and bills are consigned to you Mr Ezekiel Fogg in pticular vnder the following restrictions. And in yor absence or in case of mortallity to Mr David Fogg yor Bror whom we nominate yor assistant till the settlement of our affaires and pformance of Couenants by mr Gifford but subject To the same restrictions. 3. Soe soone as you shall arrive in new England you are to secure the said stocke and marchandice or to sell itt to the best aduantage for the benefitt of the Compa and the same togather with all pfitts you are nott any way, to Imploy or dispose but according to orders by mr John Wright our superintendant or such pson as hee shall name who is to follow such order as in that behalfe hee shall receive from us and his order to you shall bee yor sufficient warrent. 4. So soone as the said Mr Wright shall haue seene the deeds of sale enrolled and declared that he lookes on the workes fitt to fall in hand with, you are psently to apply the said stocke to the managemt of the said workes, or soe much thereof as the said mr Wright shall thinke meett and the rest dispose of as in his Judgement shall seeme most for the aduantage of the Compa and after such declaration as aforsd Mr Gifford is to Joyne with you wholly in the man- agement of the same but not to intermeddle tell such time as hee hath pformed all that is to bee done on his pt. itt being the intent and agreement of us all that untell such time mr Gifford is nott to intermeddle with any pt of the said But as soone as he hath done what to him belongeth then he is to receive 420li more togather with halfe the profitts of 910li. he haueing allreddy reced 8001i wch is in all 10001. And then he leaueing the other 5001i with all the profitts of itt for his and yor owne 8 pts there will remaine in yor hands for that and the other 8 shares 1000li with the profitts except- ing the charge here and in passing
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