USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 22
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Walter Fayerfield's bill of cost, 3li. 4d. Richard Hutten's bill of cost, 15s.
Copy of will of Samuel Smith made by Hilliard Veren, § cleric.
John Poland testified that Hutten had enjoyed the swamp in controversy about twenty-three years. Sworn in court.
Deed, dated 29 : 3 : 1656, given by Samuell Foster|| of Wenham to Richard Hutten of Wenham, for 9li. 5s., five acres of upland, with a boggy swamp adjoining, in Wenham, bounded by the late John Fayerfield's farm on the northeast, the meadow on the southeast, land belonging to Mr. Brown's farm on the southwest and upon the highway on the northwest; also 10 acres of upland, 3 1-2 acres of meadow in Wenham, bounded by Austen Killim's land on the east, Hutten's land on the north, Mr. Fiske's meadow on the southwest, "the Aforesaid medow Lyeth in two pcills: two Akres wherof Lyeth in Common with four Akres more Bounded By the Abouesaid Ten Akres of upland Northward & m' fiskes medow
§ Autograph. || Autograph and seal.
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westward: the other Akre & an halfe Lyeth within the Great medow Bounded By the Great Swampe on the East & on Robert morgins medow on the west & upon Late John Fair- fields medow on the south & upon the Aforesaid Richard Huttun's medow on the North." Wit: Thomas Fiske* and Thomas White .* Acknowledged by Samuel Foster, 9 : - : 1658, before Daniel Denison .*
M2 Jamwoll fruth hus faire of 200 ators
James Smith's Eighty Mars
now Hatons Land fouls by me faut fruth to John Jayerfurt formerly
from me sam ll Smiths
the land on ! contantiy!
dold to hutton
1. taporfeld 5 acks
moda
the River
Allexander Maxey, aged about forty-five years, deposed that he lived about nineteen years on the farm that Mr. Wil- liam Browne, sr., of Salem had the disposing of, which is said to be the land that was Mr. Samuell Smith's, and in that part of it was that formerly James Smith's. The meadow that lay by the river was part of that meadow or swamp that is called the Beaver Hole meadow, which meadow he had enjoyed with John Killam until about nine years ago. Richard Hutten desired deponent to allow him to mow the meadow and he would pay him, but after he let him have it, deponent said he would mow it himself, whereupon Hutten told him not to meddle with it for he had possession of it. The land is bounded on the east with the river, on the north with a little brook between Walter Fairefeild's meadow and the land itself, on the south with the upland and on the west with Bever hole. Sworn in court.
Copy of depositions in a similar action, 25 : 4 : 1678, made by Hilliard Veren,* cleric.
Thomas Hobbs, aged about fifty-four years, deposed that about twenty-eight years ago, Roberd Haws lived at Wenham
* Autograph.
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Mr. Wm. Longfellow v. Ezekiell Northen and John Pickard, sr., of Rowley, as lot layers and men appointed by the town to divide land. Verdict for plaintiff, the land in controversy, viz., the proportion of land in Merimak that belongs to the three acre lot in Rowley town according to town order. Ap- pealed to the next Court of Assistants. Defendants bound, with Nehemiah Juett and Daniell Wicom as sureties .*
in John Fayerfield's house and improved the land and two or three years following, deponent mowed for said Haws to the south as far as a little run that comes out of Beaver hole meadow and to the west to the bushes about 40 rods, etc. Sworn in court.
Mathew Edwards, aged about forty-seven years, deposed that when he lived with his uncle John Fayerfield at Wenham thirty-eight years ago, said Fayerfield and Mr. Joseph Bach- elder owned the ten acres that had been Samuell Aborn's, which his father Jams Smith was said to have given him out of his farm of eighty acres and there was no meadow belong- ing to it then. Afterward he helped Peter Paulfry and Rich- ard Pettingell about twenty-seven years ago to divide this land, they then being the owners, and there was neither swamp nor meadow on the south side, etc. Sworn in court.
Thomas Fisk, aged about forty-nine years, and Thomas Pach, aged about forty years, deposed. Sworn in court.
John Killam, aged about fifty-two years, deposed that he hired of his brother Richard Hutten the third of the farm which Mr. William Brown let to Alexander Maxey and him- self, and from the west side of the river down to the brick- kiln, etc. He mowed the meadow twenty-three years. Sworn in court.
Walter Fayerfield, aged about forty-eight years, deposed. Sworn in court.
John Kilam, aged fifty-two years, deposed that Richard Hutton had possessed Beaver hole swamp for more than twenty- three years. Sworn in court.
*Writ: Willm. Longfellow of Newbery v. John Pickard, sr., and Ezekiel Northen of Rowley, lot layers, appointed to divide land to the value of 350li .; for not laying out his pro- portion of land called Merrimack land, according to town order of Dec. 20, 1658, which belonged to the right of Mr. Henery Sewall, sr., and was purchased by him of Mr. Edward Carleton of Rowley, and conveyed by Sewall's heirs to said Longfellow; dated June 19, 1679; signed by Thomas Leaver, t clerk of the writs for Rowley; and served by Jeremiah Els- t Autograph.
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worth,* constable of Rowley, by attachment of houses and land of defendants.
Defendants' bill of cost, copy of Mr. Worcester's deed, etc., 2li. 17s.
William Longfellow's bill of cost, 2li. 16s.
John Burbank and Amie Cooper, both of Rowley, deposed that Thomas Sumner was both a purchaser and an inhabitant in Rowley and Thomas Elithrop married Thomas Sumner's widow and lived several years in the same house which was Sumner's. Also that Elithrop had purchased land in Rowley before he married her. Sworn in Ipswich court, 26 : 1 : 1672, and copy made by Robert Lord,* cleric.
Jeremiah Elsworth, constable, deposed that he saw Mr. William Longfellow tender 3s. of money at the hands of Ezekeel Northend for pay for one day's work on land he desired to be laid out at Miremake which was received by one of his daugh- ters, also 3s. at the hands of John Pickerd said Longfellow tendered, etc. Sworn, June 24, 1679, before Jo. Woodbridg* and William Browne,* associates.
Receipt, given by Ed: Carlton* to Mr. Henry Sewall, sr., for 45li., for houses, land and commonage.
Ezekiell Northend and John Pickard testified that the land which Mr. Henry Sewall sold to Samuell Worcester was the same land that they as lot layers laid out to Mr. Edward Carlton, and now sued for by Mr. Longfellow. Sworn in court.
Andrew Hidden, aged about fifty-five years, deposed that Mr. Henry Sewall, sr., died possessed of the house which was formerly Mr. Edward Carlton's, and for several years in his lifetime improved his gates both in the common and ox- pasture by keeping a flock of sheep upon them. Sworn, June 24, -, before Jo. Woodbridge,* assistant.
Robert Lord, cleric, certified that in Mr. Henry Seawall's inventory on file in Ipswich court records of his estate at Rowley there were nine gates appraised by Joseph Jewett, Mathew Boyce and John Tod, which inventory was delivered into court Mar. 25, 1656. Copy made by Hilliard Veren,* cleric.
Edward Carleton of Rowley certified that he sold to Mr. Henry Sewall, sr., of Newbery one dwelling house, barn and other houses, with three acres of land, in Rowley, nine gates in the town commons, which he had liberty to stock with four-score sheep or other cattle, six gates were in the cow walk and three in the oxpasture. Wit: John Smith. Copy made by Hilliard Veren,* cleric.
Copy of deed, dated Jan. 1, 1677, given by Mr. Henery Sewall of Newbery to Willm. Longfellow of Newbery, all
* Autograph.
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John Pickard and Ezekiell Northend, in behalf of the town of Rowly v. Wm. Longfellow. Review. Verdict for defend- ant, confirmation of the former judgment. Appealed to the next Court of Assistants .*
the interests of Henry Sewall, sr., in land in Rowley, with gates. Wit: Stephen Sewall and Jane Sewall. Acknowledged, Sept. 30, 1678, before Jo. Woodbridge, commissioner. Re- corded, Oct. 3, 1678, at Ipswich, book, 4, page 192, by Robert Lord, recorder. Copy made by Hilliard Veren, t cleric.
Moses Gerrish, John Acie and Philip Nelson testified that upon Apr. 26, 1679, they were desired to go with Longfellow when Henery Williams, the marshal's deputy of Boston, came to Rowley to serve the execution, and Goodman Pickard and Goodman Northen desired the marshal to go to the end of the town and deponents went with them. Pickard showed Williams the town's common and said it extended from the end of the town five miles and bade him extend his execution for nine gates there, but Longfellow said he would have but six gates there and three in the oxpasture. Sworn, June 23, 1679, before Jo. Woodbridge,t commissioner.
*Writ, dated Apr. 8, 1679, signed by Thomas Leaver,t clerk of the writs for Rowley, and served by Nehemiah Jewett, t deputy for Robert Lord,t marshal of Ipswich, by attachment of the nine gates. Bond of Philip Nellson, t Moses Gerrisht and Willm. Longfellow.t
Bill of costs of plaintiff, 3li. 11s.
Willm. Longfellow's bill of cost, 2li. 12s. 10d.
Copy of papers in a similar action brought, 26 : 9 : 1678, in Salem court, made by Henry Williams,t deputy marshal of Suffolk.
"According to the order made in the yeare: (1650) that the fences in all common feild about or belonginge to the Towne of Rowley should be divided accordinge to proportion of lande and meadows and the quantity with marks of severall num- bers to deserne euery mans owne fence by: accordingly the Northeast feild fences with some others were proportioned, and deuided by Deacon Mighill, Joseph Jewet, Richard Swan, and John Smith: endinge at Number one and so up- ward." The marks are as follows: I, to Mr. Carleton, 30 rail lengths; II, to Mr. Ezekiell Rogers, 51 rail lengths; III, to John Scailes, 17 rail lengths; IV, Richard Swan, 15; V, Thomas Crosbee, 14; VI, Thomas Tenny, 12; VII, John Smith, 15; VIII, John Trumble, 9; VIIII, Thomas Leaver, 9; X, John Smith, 15; XI, Mr. Sewall, 8; XII, Francis Parrat, 20; XIII, Thomas Crosbee, 15; XIIII, Roger Swan, 8; XV,
t Autograph.
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Thomas Crosbee, 15; XVI, William Asee, 31 ["reade XXVII lengths," in margin]; XVII, Abell Langley, 17; XVIII, James Baley, 8; XVIIII, Marke Prime, 6; XX, Thomas Miller, 6; XXI, William Law and Richard Longhorne, 15; XXII, Thomas Abbot, 15; XXIII, John Johnson, 16; XXIIII, widow Lambert, 14; XXV, Thomas Mighill, 7; XXVI, Mrs. Margery Shore, 16; XXVII, Elder Ranor, 26; XXVIII, William Tenny, 8; XXVIIII, John Pearson, 2; XXX, Ed- ward Sawyer, 4; XXXI, Thomas Miller, 10. These begin at Mr. Carleton's ground at the bridge at the town end and go to the 140 rod of the field fence which is to be made and main- tained by the ox pasture proprietors. Note. The 3d, 4th and 5th numbers are to be read instead of what is 17, 15 and 14.
The 140 rod of the field fence which they who have gates in the ox pasture are to make and maintain, is numbered as follows. There are several marks which are set at end of every man's proportion: I, to Mr. William Bellingham, 31 rail lengths; II, Abel Langley, 6; III, John Lambert, 12; IIII, John Johnson, 6; V, John Scales, 6; VI, Francis Parrat 6; VII, Mr. Sewall, 12; VIII, William Asee, 6; VIIII, Mr. Carleton, 6; X, Thomas Tenny, 6; XI, Thomas Crosbee, 6; XII, John Smith, 6; XIII, Richard Swan, 9; XIIII, Edward Hazen, 3; V, Mr. Ezekiell Rogers, 19; VI, Mr. Thomas Nellson, 31; VII, Thomas Crosbee, 13; VIII, Ezekiell North- en, 6; VIIII, Richard Holms, 3; XX, Richard Longhorne, 3; XXI, William Law, 3; XXII, John Tod, 3; XXIII, John Pallmor, 3; XXIIII, John Harris, 3.
The fence between the ox pasture and meadow, which is a two-rail fence at the further side of the ox pasture to the mill- ward. These are the several proportions, every ox gate two rail lengths and every acre of meadow four and a half. The several marks are at the end of every man's fence, as Mr. Sewall ends at mark one (I) and so the rest follow in several numbers: I, Mr. Sewall, 8 rail lengths; II, Francis Parrat, 4 rail lengths; John Johnson, 4; William Asse, 4; widow Lam- bert, 8; Abell Langley, 4; Richard Holms, 2; Ezekiell North- en, 4; Richard Longhorne, 2; William Law, 2; John Tod, 2; John Pallmor, 2; John Harris, 2; Mr. William Bellingham, 20; Mr. Ezekiell Rogers, 12; Edward Hazen, 2; John Smith, 4; John Pearson, 18; Mr. Edward Carleton, 30; XXI, Robert Swan, 4 1-2 and Richard Swan, 17 1-2; XXII, William Boin- ton, 9; XXIII, William Tenny and Thomas Tenny, 9; and XXIIII, John Scales, 13; XXV, John Trumble and Thomas Leaver, 9; XXVII, Thomas Crosbee, 31 rail lengths to the river. Copy made, June 21, 1679, from the record of lands of Rowley town, by Philip Nellson,* recorder.
* Autograph.
211
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Copy of a record by John Johnson of a general town meet- ing, Jan. 8, made Feb. 5, by Hilliard Veren,* cleric, in which Henry Sewall petitioned that the town records be examined to determine his rights in the ox and cow gates of Rowley.
"At a legall Towne meeting held the 4 of ye 11 month 1673 Captain brocklebanke John Pickard Ezekiell Northend Rich- ard Swan and John Tod were chosen as a comitte for the proportioning of the fence belonging to the feild comonly called the northeast feild acording to lands lying theirin on this side the sandy bridg and to ly to the oxpasture its share: upon the 24 of february 73 Edward hazen was chosen to be of this comite instead of Richard Swan
"at a legall Towne meting it was voted and agreed that the fence betwixt the oxpasture and the northeast feild should be diuided and continued a fiue Raill fence the oxpasture doing one halfe of it at one end and the Rest of the fence for the security of the comon feild to be made a fiue Raill fence or that which is equivalent to be diuided and proportioned acording to the land in the feild on this side the sandy bridge this was voted and passed on the affirmative on the 20 of february 1673
"At the same Towne meting it was agreed and voted that the comon feild should do that end of the fence next the Riuer betwene the oxpasture and the feild: John Acy entred his disent against this vote." Copy from the town book of Rowley, June 23, 1679, by John Johnson,* keeper of the book, and Abell Langley .*
Copy of records of house lots at Rowley, taken June 20, 1679, by Philip Nellson,* recorder: to Mr. Edward Carleton, three acres bounded south by the street, west by the common and by Mr. Henry Sands' house lot; to Mr. Thomas Mighill three acres bounded west by the highway and a small parcel lying in common, part of it being on the north side of the street and part on the south. Record of the division of Merri- mack land as laid out in 1658 by Joseph Jewett, Ezekiell Northen, John Pickard and John Smith: laid out to widow Mighill of Rowley 215 acres bounded by Merrimack river, on the north by Thomas Kimball and partly on Johnson's pond; on the east by the commons of Rowley; on the south by John Watson's; on the west 72 poles in Merrimack river, the northeast corner being a birch by the side of said river, from thence it runs 143 poles to a white oak, then 420 poles to the southwest corner which is 70 poles wide from Johnson's pond, the northeast corner is a pine tree with a heap of stones, thence it runs 144 poles to a white oak, at this place being 56 poles wide, then 333 poles to a great white oak at Johnson's
* Autograph.
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pond, there being an angle on each side, but it runs in a direct line from angle to angle.
Record of the fence belonging to the proprietors of the east end ox pasture, being half the fence between the field and the ox pasture, the mark at the end of every man's fence, Richard Swan beginning at the corner by the ox pasture gate and ending at mark I; Richard Swan, 9 rods, 2 feet, I; Tho. Nelson, 9-2-II; Mrs. Rogers, 18-4-III; Mr. Philip Nelson, 12-3-IIII; Edward Hazen, 9-2-V; Ezekiell Northend, 12-1- VI; Samuell Mighell, 8-1h-VII; John Pearson, 9-0-VIII; William Law, 4-9-IX; Mr. Philips, 9-0-X; John Tod, 3-9-XI; John Acy, 12-4-XII; John Palmer, 18-6-XIII; John Scales, 9-3-XIIII; John Haris, 6-1h-XV; Thomas Leaver, 6-1h.
XVI; Thomas Teny, 9-3-XVII; Richard Holms, 6-1h .- XVIII; Parrat's children, 18-4-XIX; Henry Riley, 6-1h. XX; widow Law, 6-1h-XXI; Simon Chapman, 3-9 inch .- XXII; John Johnson, 3-9 inch-XXIII; Abraham Haseltine, 5-1h .- XXIIII; James Baly, 6-1h .- XXV; William Teny, 9-2-XXVI; Abell Langley, 6-1h .- XXVII; Mark Prime, 6-1h .- XXVIII; John Lambert, 12-3-XXIX. Divided by Ezekiell Northend, John Tod, John Palmer, John Johnson and John Acy appointed by Rowley, Mar. 7, 1673-4. Copy made by John Johnson,* keeper of the book, and Abell Langley .*
Copy of the rates of old Mr. Sewall who lived and died in Rowley: 9 mo. 1641, 14s .; 10:9:1650, 11s. 9d .; 3 mo. 1651, 10s .; 10:9:1651, 10s. 4d .; 1:3:1652, 9s. 3d .; 10 : 9 : 1652, 10s .; 3 mo. 1653, 8s .; 10 :9 : 1653, 5s. 5d .; 1 :2: 1654, 4s. 7d .; 16 : 9 : 1654, 4s. 4d .; 17 :3 : 1655, 5s. 4d .; 8 : 10 : 1655, 11s .; 5 :3 :1656, 6s .; 24 : 9 :1656, 4s. 4d., for his house; 26 : 3 : 1657, 4s. for his house. Copy made by William Tenny,* keeper of the ministry book.
At a town meeting Feb. 17, 1661, it was voted that the division should be to every one gate one acre of land. On Nov. 26, 1662, Richard Swan, Samuell Brocklebanke, Ezekiell Northend, John Pickard and William Sticknee were appointed to lay it out. For the division, "the east end of the Towne to begin furthest of at the neerest land, and to have each man his half proportion of land laide out." Copy made, June 23, 1679, by Philip Nellson,* recorder.
"It is ordered that if any mans cattle be found upon the commons aboue his proportion at any time not haueing hired gates of some other he shall be lyable to pay foure shillings six pence a beast prouided that if he shew to the ouerseers a note under the hand of the man of whom his pasture was hired it shall satisfy to saue his fine and all that do hire gates of the Towne shall pay one shilling sixpense agate. it is also ordered that such as do not exced their proportion of gates
* Autograph.
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and yet improue at certaine times their intrest in wholl or in part those persons shall giue to two of the selectmen the number of cattle they take of and the time when and if they do not faithfully obserue so to do they shall be dealt with as breakers of their abouesaid order." Copy from the town book, June 23, 1679, by John Johnson* and Abell Langley .*
At a Rowley town meeting Apr., 1679, John Pickard, Ezekiell Northend and Daniell Wicam were chosen as attorneys for the town of Rowley in this action pending between the town and William Longfellow. Mr. Nelson, John Acie, Abra. Jewett, Andrew Hidden and Wm. Boynton dissented. Copy made by John Johnson* and Abell Langley .*
It was ordered by the town of Rowley in 1648 that the commons should run five miles from the town every way where they had propriety if they were not laid out to any par- ticular person. In order that every man should have an equal share, each acre and a half lot was to have one gate and a half, also every half two-acre lot was to have two gates and a quarter. Every two acre lot was to have four gates and one-half. Every three acre lot was to have thirteen gates and one-half. Every four acre lot was to have twenty-two gates and the six acre lots, forty-five gates. Copy made by John Johnson* and Abell Langley .*
John Johnson and John Pickard deposed. Sworn in court. John Acey testified. Sworn in court.
Copy of inventory of Mr. Sewall's estate made by Robert Lord,* cleric.
Mr. Henry Short is debtor to Mr. Henry Sewall for what he had of the said Henry Sewall's estate from Sept. 29, 1650 to Sept. 29, 1658, for 8 yeares rent to 29 Sept., 58, of his farm at the falls at 14li. per Annum, 112li .; for 4 yeeres Rent of a smale farme that Tho. Browne and Jno. Wright had to Sept. 54, at 9li. 10s. per Annum, 38li .; for 4 yeeres Rent more of said farme of Thomas Browne to Sept. 58, at 10li. 10s., per Annum, 42li .; for the Rent of two Cowes from John Cheter for one yeare, 2li .; another Cowes Rent for one yeare, 15s .; two Cowes sold to John Chater, 9li. 10s .; a debt received from John Remington, 4li .; a debt of Mrs. Noyesse, 1li. 5s .; debt recd. out of Mrs. Gibbens estate, 6li .; for the Rent of thirty pound in cattle for one yeare, 2li. 10s .; total 218li.
Henry Short debtor to Hen. Sewall as administrator, from Mar. 27, 1656: houses, lands and goods he recd. into his cus- tody as per Inventory, 339li. 6s. 4d; Improvement of Sheepe acknowledged and given in, 6li. 14s .; what he Recd of severall tennants for Rent of ye lands lately his fathers for 3 yeeres Dan. Thurston, Jno. Poore and Joseph Plummer, 24li. 12s .; total, 370li. 12s. 4d.
* Autograph.
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Creditor: for digging a well at the litle farme and for bucket staves, 3li. 15s .; pd. to Rich. Bartlet for defect of 2 acres of land, 2li .; to Wm. Titcombe about fencing ye orchard, in wheat 40s. in money, 5s .; to Goodman Pearse for the Hire of a Horse, 5s .; for Beife for his father, 5s. 6d .; by Mr. Long in England, 5li .; for building at the farme, 28li .; for abate- ment for losse of an ox taken for Rent, 2li .; for Catle dd to Jno. Davis to pay Rent for for which security is taken, 30li .; what was pd into Mr. Broughton to be received by bill of exchange, 41li. 4s .; for sallery for and about ye above men- tioned premisses, 10li .; for a cow that died in Jno. Chaters hands, 5li. 5s .; Rest due from ye said Henry Short to Balance, 88li. 6s .; total, 218li.
Per contra Henry Short is Creditor and ought to have by the houses & lands dd him as prized in the Inventory, 214li., by debts paid out of the Inventory, 64li. 5s. 1d .; fetching of sheepe from Ipswich & pasturing ym. 7 weeks, 2li .; By letters of Administration, Copy Invt., fees of court &c., 7s .; By what is allowed him for his paines for 39 days time about it & expenc in that time, 8li .; By procuring two deeds lemon water thatch & messengers, 15s. 6d .; total, 289li. 15s. 7d .; Rest due from Henry Short, 80li.
Award, dated Sept. 13, 1659, made by Richard Collecott,* and Thomas Savage, in relation to the differences between Mr. Henry Short and Mr. Henry Sewall: that Henry Short should pay to said Sewall at the house of Anthony Somerby 40li. in three bills of exchange, drawn by Mr. Jno. and Mr. Richard Cutts of Portsmouth or Strawberry Banck and charged on a sufficient person in London to be sent in the next ship that goes hence after Capt. Pearce in London at forty days sight and forty pounds more in good bills by the next ship. In the second account as before shown, they found Short indebted to Sewall 80li. 16s. 9d.
Copy of deed, dated May 1, 1662, given by Henry Sewall of Newbury, gentleman, and wife Jane, for 70li., to Samuell Worster of Salsbury, yeoman, 400 acres of upland and 4 acres of meadow in Rowley, 200 acres of it having been purchased of Joseph Jewett, late deceased, and Mr. John Carlton, butting on Merimack river northwest and Mr. Crosbie's land westerly, the breadth next Merimack river being 30 rods and 50 rods broad toward Crane meadow; also 100 acres being formerly purchased of Mr. Anthonye Crosbie, lying on the easterly side of the land of Robert Swann, being 15 rods broad next Merrimac river and 25 rods broad at the other end; also 4 acres of meadow at the west end of Marke Prime's meadow, the west end butting on the upland and the other end next a swamp on the north and upland on the south; also 100 acres
* Autograph.
215
RECORDS AND FILES
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of upland lately purchased of Richard Thurley butting on Merrimack river northwest, bounded with the land of Francis Parrot, late deceased, being 15 rods broad next Merrimack river and 25 rods broad at the other end toward Crane meadow, with all the wood, trees and timber, etc. Wit: Tho. Brad- bury, Wm. Titcomb and John Hale. His wife Jane Sewall released her dower, 7 :3 : 1663, before Samuell Symonds. Recorded July 5, 1670, book 3, page 155, and copy made by Robert Lord,* recorder.
Abraham Jewit deposed that Mr. Henry Sewell, sr., died possessed of the house that was formerly Mr. Carlton's and Mr. Sewall in his lifetime improved his gates in the common and ox pasture by keeping a flock of sheep upon them. Sworn in court.
Robert Walker of Boston, linen webster, aged about seventy- two years, testified that about fifty-six years ago, living with his father in the town of Manchester, Lancashire, England, he knew one Mr. Henry Sewall, who lived in the same town and in the same street with his father, who was "his over- thwart neighbour." Afterward said Sewall removed with his family to New England and dwelt in Newbury, deponent being well acquainted with him after his coming to New England and was frequently visited by him when occasion drew him to Boston. Also that Mr. Henry Sewall now living at New- bury, whom deponent had known from his youth, is the only son of said Sewall. Sworn, Apr. 10, 1679, before Simon Bradstreet,* dep. Gov., and Daniel Gookin, sr.,* assistant.
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