USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 25
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Since he dyed pd. to James Stilson for mending of shooes, 3s .; to John Curtis, 2s. 9d .; to Edw. Reede for digging ye grave, 4s .; James Dennis for a coffin, 10s .; ye jurie & other charge of his buriall, 9s. 6d .; for mackrell & other things unreckoned, 2s. 4d .; for his towne rate, 5s. -; total, 4li.
t Autograph.
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[June
John Millett dying intestate, administration upon his estate was granted to Sara, the relict, who brought in an inventory* which was allowed, and the house and land were bound for the security of the children's portions.
The willt and inventory of the estate of Edward Waldron were proved and allowed.
*Inventory of the estate of John Millitt, taken by James Stevens§ and William Sargant:§ howse & baren and Land, 24li .; neate catell & a mare, 23li .; bedes & beding, 8li .; homemad cloth, 4li .; his waring clothes, 5li .; in howsall stuffe, 3li .; woole, 2li. 5s .; armes, 1li. 10s .; tooles, 12s .; lumber, 2li .; broadcloth, 10s .; sarge & Tabell Lining, 1li .; sheepe, 11li. 4s .; total, 86li. 1s. Deptes due from the estat, 13li .; the deptes paid the Estate aperes to be 73li. 1s.
tWill of Edward (his mark) Walden|| of Wenham, dated Mar. 22, 1678-9. "I Give to my Son Nathaniell walden: all my land on the Neck. In amount ten acres be there more or less Item the rest of my estate, I will thatt itt || be || equally divided betweene the rest of my children which I here name John Walden Hannah Walden, Ruth Walden Naomi Walden, & Elizabeth Walden. If any of these my children dy before they come of Age to possess their portions It shall be equally divided among the Survivinge If they all dy itt shall fall to the nearest of Kin And I make my Son Nathaniel Walden sole Excecutor of this my will & I desire my Loving freinds Capt: Thomas Fiske, & Charles Gott to oversee this my will." Wit: Joseph Gerrish§ and Sarah (her mark) Moulton.
Joseph Gerrish, aged about 29 years, testified that he heard EdwardW alden say he had done enough for his two daughters, Mary and Thomasin, already and therefore saw meet to leave them out of his will. Sworn in court.
#Inventory of the estate of Edward Waldern, taken 20 : 4m: 1679, by Thos. Fiskes and Charles Gott:§ ten acres of land, 25li .; twenty pownd Remainding upon a Bill to be paid in fowre yers following, 20li .; another Bill to be paid in 9 yers following, 17li .; one Cowe, 3li. 16s .; one gun, Ili .; Cloathing, 2li. 4s .; Tramell & pothooks, 6s. 6d .; one old kettle & one old ax, 3s .; due from Samll. Fiske, 6s .; in Beding, 1li. 16s .; Bedstead, 5s .; total, 71li. 16s. 6d. Debts due from the estate; to the Docter, 2li. 8s .; to John Fiske, 2li. 2s .; Good- wife White, 10s .; Goodman Woodward, 5s .; Goodman Pearce, 5s .; John Walderne, 10s .; Hannah Walderne in mony, 13s .; mony to Mr. Gerrish, 5s .; Mr. Gerrish by Rate, 6s. 5d .; Joseph Fowler, 2s .; total, 7li. 6s. 5d.
§ Autograph. | Seal.
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Thomas Oliver dying intestate, Bridget, his wife, was appointed administratrix, and was ordered to bring in an inventory to the next Salem court.
In answer to a petition of Mr. Jere. Hubbard, court declared that as the town of Topsfeild had not attended the order of the last Ipswich court, the selectmen were ordered for their neglect to appear at the next Ipswich court .*
*Petition of Jer. Hobart,t dated Topsfield, June 24, 1679: that the court's order in relation to the affairs of the minister of Topsfield which was given at the last Ipswich court "lieth dormant, and hath taken small effect as to the true ends and purposes of it, as I apprehende appears by A voate of the Towne upon Aprill 29 last past, & their actings ever since, to the great inconveniencye of their poor minister, who beggs his redresse at the hands of this honoured Court, as yor Wor- ships shall Judg meet."
Copy of the town records of Topsfield, made, June 21, 1679, by Frances Pabody,t cleric: "the towne of topsfeeld at a towne meeting 29th of aperel 1679, hauing heard an order Red that was made by the Counte Court at Ipswich Con- serning oure being requiered to pay a some of 60 pound to mr Jerimie Hobart which as the saide order seemes to expres was promised for his incorigment to Com to topsfeeld we being in the darke about it and not knowing of ani towne act that euer past nor ani towne record that holdes forth ani such thing we doe Conceue it needfull to suspend untel there be a forder opertuniti to be beatter satisfied by making inquire at the next Counte Couert upon whot groundes mr Hobarts petision was made and also how the towne Comes to be 60 pound in his debt.
"the towne hath agreed by vot that John gould shall enter these names with the somes at eueri manes names end and what shall be sent to him to enter in the towne booke and to be binding to eueri man for what they haue freeli sub- scribed to giue to m' Hubard for his Coming to topsfeld to except of menisterial ofes - voted
"this writeing witteseth that we whose names ar under written doe bind oure selues our ares exectetors adminestra- teres or asignes to pay or Case to be payde to m' hubard or his asignes within fore yeare after m' Hubard doth Com and enter Apon the ministri heare at topsfeald what we doe sob- scribe toe or eueri man doth giue in under his hand this som is in Consideration of a parsil of land that the towne Cold not healpe mr Harbord with and an acowunt of what mr Hubart
t Autograph.
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[June
Phillip Parsons and Sara Needham, for fornication, were ordered to appear at the next Ipswich court, together with the witnesses, Samuell Apleton, jr., and Thomas Gatchell.
The petition of William Dodg and his wife was referred to the next Salem court.
Magilligon's wife, presented for absenting herself from her husband, night and day, was ordered to be whipped, which was done .*
William Nick, presented for being disguised in drink, was fined, and ordered to pay the witnesses, Joseph Phipen and Reuben Guppy.
The wife of William Dicer, for railing words to Mrs. Holling- worth, also for abusing her and cursing, was fined.t
Allexander Greime and Sarah Lambert, for fornication, were convicted, and he was ordered to pay 2s. 6d. per week for the maintenance of the child, the marshal to distrain weekly if not paid. Sarah was ordered to be whipped.}
doth lose at amsberi in Coming to us heare at topsfeeld - voted: deeken howlet, 5li .; Isak Comings, sr., 2li .; John Comings, 2li .; Samuel Howlet, 1li .; Philip Welch, 10s .; Isack Foster, 1li .; John Willes, 1li. 10s .; William averil, 1li .; James How, jr., 15s .; neamia abbit, lli .; Henary lenard, 5li .; Samuel lenard, 1li .; nathaniel lenard, 15s .; thomas lenard, 10s .; John goold, 1li .; thomas perkens, 3li .; Isack Este, 1li .; Jacob towne, 1li. 5s .; thomas dorman, 1li .; mikall donil, 10s .; Joseph towne, 1li. 10s .; old father how, 1li. 10s .; John french, lli .; Joseph pabodi, 1li .; Jno. Low, 1li .; Mathew stanli, lli .; Edman towne, 1li. 10s .; William Smith, 1li .; Ed. Bridges, lli .; frances pabody, 3li .; Ephrom Dorman, 1li. 15s .; John Ramsil, 15s."
*Marblehead presentment. Wit: Robert Bartlett and Jeames Denis.
+Wit: Mathew Duch, Rebecka Pention, Hanna Frend and Hanna Collier.
Mathew Dutch, aged about twenty-six years, and Re- beckah Penision, aged about twenty-three years, Hanna Friend, aged about twenty years, and Hanna Collier, aged about twenty-six years, deposed that they heard the wife of William Diser call Mrs. Hollinwood a black-mouthed witch and a thief.
Mrs. Ellenor Hollenworth, aged about fifty-six years, and Hanna Collier, aged about twenty-six years, deposed.
įWit: Mistress Woodberey, midwife, and Brigitt Skerey.
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Joseph Gray, for drunkenness and swearing by his Maker, was fined .*
Joseph Newall and Susanah, his wife, for fornication before marriage, were fined.t
John Rayment, jr., and Hanna Goldsmith, for uncivil car- riages, were ordered as follows, she to be whipped and he to appear at the next court.}
George Emorye, for swearing and cursing, was fined.§
Robert Starr dying intestate, administration upon his estate was granted to Mary, the relict, who presented an inventory.|| She was ordered to have the whole estate for the maintenance of the children until the court should take fur- ther order.
*Wit: Mr. White, Steven Souell and George Pelle.
Resolved White, aged about sixty-three years, testified that about three weeks ago he saw Joseph Grey flat on the ground dead drunk, and his mother-in-law came and took 20s. out of his pocket and a pair of worsted stockings. She did not know how to stir him and went to his brother Robert Gray and Stephen Sowell and his own wife to help her carry him into Goodman Peale's house. They carried him one by the head and the others by the heels and laid him on a bed- stead that had nothing on it but cords. For all this moving, he never moved. But when he roused, his wife sitting by his bedside, labored to keep him in and he swore and tore most dreadfully, etc.
George Peall, T aged about thirty-five years, deposed.
¡Lynn presentment. Summons, dated June 25, 1679, served by Joseph Rods, I constable.
¿Wit: Jackob Pudeator, An Pudeater and John Abitt. Summons, dated June 29, 1679; Henry Skerry, I marshal of Salem, appointed Richard Huten his deputy, and no return made.
§Wit: Capt. John Prise and Mr. Whitte.
Jno. Price, f aged about thirty-three years, and Resolved White I testified that having hired Mr. White to cart stones, Dr. Emery stopped the cart by the corner of his house and swore that he should not pass, threatening to stab said White and his horse.
||Inventory of the estate of Mr. Robert Starr, "who was murdered by the hands of ye Barberious heathens," taken June 25, 1679, by Joseph Phippen T and Edward Wollon:" a House and Orchard & Ground, 130li .; on Bed Ruge & 2 blankets, 3li .; on Bed Ruge wth 2 blankets & Curteine, 6li.
T Autograph.
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[June
John Person, aged about sixty-three years, and Isaack Hart, aged seventy years, testified that they saw Edward Taylor give possession by turf and twig, to Hananiah Parker and John Townsend, of his farm of two hundred acres in Linn. Sworn in Reding, 4 :10 : 1678, before Thomas Danforth, assistant.
Timothy Lindhorne arrived in Salem, Aug. 12, with the ketch called the Vine of Poole which came in her ballast only an account of about 20 or 25 bags and two hogsheads of malt, they holding more or less, as the aforesaid master desired to
10s .; five paire of sheets & 18 table napcins, 7li .; on Cubbard Cloath, 5s .; three paires of piloberes, 12s .; two Chestes, 14s .; on Chest & Cubbard wth a table, Ili. 5s .; on bedstead, table & forme, 1li .; on Iron Citle and two Iron pots, 1li. 2s .; on Litle brase pot & a brase skillet, 5s .; on paire of Dog Irons, 1 hack, two pothooks, on friing pan & spit, 11s .; seaven platers, 4 porrengers, 1 warming pan, on salte seller & a Candle- stick, 1li. 10s .; foure cheares, 1 Loockin Glase, 2 boxes, 9s .; on Linen wheel and one woolen wheele, 5s. 6d .; total, 154li. 8s. 6d.
Meary Nick, late relict of Robert Star, deceased, petitioned the court for her thirds, she being a widow and having four children very young, two of whom she had put out and two she had kept with her.
Copy of deed of gift, dated Sept. 30, 1665, Robert (his mark) Starr declared "it is my Ingagement neuer to be altered nor reversed, by me, that the dwelling house I now liue in, together with the land belonging to it, the which house & land was giuen me by my father in law, Richard Hollingworth as a portion with my wife; I say that house & land, I doe giue & bequeath unto Capt Richard More & m' Phillip Crom- well whoe are guardians to my three children," for the use of the children, Robert, Richard and Susanna, and if any died, the survivor was to have their share; if all died, the estate was to revert to himself. Wit: Frances Waineright and Edward (his mark) Woollan. Acknowledged, Mar. 18, 1671, before Daniell Denison.
Robert (his mark) Starr, of Salem, mariner, assigned to Mary Conckling, "my espoused wife," on Sept. 12, 1669, upon consideration of marriage all his household goods and moveables with all that was her own. Wit: James Smith and Nathaniell Felton. Acknowledged, Mar. 18, 1671, before Daniel Denison. Copy made by Hilliard Veren,* recorder.
* Autograph.
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have entered on Aug. 19, 1676. Entered by Hilliard Veren, recorder.
"Att a Generall Court held at Boston 10th of october 1677 This Court hauing this session Appointed & setled a Captaine & Ensigne ouer the military Company at Rowley in the va- cancy of those places and in opposition thereunto & dissattis- faction wth the order of the Court therein a petition hath binn prefferred subscribed by many names but written wth one hand, wherein appeares the euill spirit of diuers there who haue lately reproached the churches and the members thereof which this Court hath borne testimony against, though wth as much lenity as the cause would Admitt of all which not wth standing they haue abused the Courts favourable Indulgence by this Seditious petition which this Court Judgeth themselves bound to take due notice off so farr as to ordr that John Acie & Jonathan Platts forbeare to concerne them- selues in their Toune or military affayres till further order from this Court and that the rest of the petitioners are hereby requested to Attend the Courts order as to the military Com- manders." Copy made by Edw. Rawson,* secretary.
List of presentments, dated June 25, 1679, signed by Jeremy Neale,* in the name of the rest of the grand jury :
Thomas Wattkins and Elesabeth, his wife, for fornication before marriage.
Remember Sallmon, widow, for fornication.
John Mashoone, for being much disguised with drink. Wit: John Norman and Henery West.
John Wakor and Elizabeth, his wife, of Beverly, for fornica- tion before marriage. Summons, dated June 25, 1679, served by John Sampson,* constable, who returned that they had removed from town.
Thomas Parker and his wife, for fornication before mar- riage. Summons, dated June 25, 1679, served by John Samp- son,* constable of Beverly.
John Ballard of Lyn, for selling strong beer and cider to soldiers upon training days without license from the court. Wit: Fransis Burall. Summons, dated June 25, 1679, served by Joseph Rods,* constable.
Summons, dated 26 : 4 : 1679, for Joseph Gray's appear- ance, for abuse of his servant, also to Samuell Collens, as a witness, signed by Hilliard Veren,* cleric, and served by Nehemiah Willoughby,* constable of Salem.
Venire, dated May 27, 1679, for Salem, signed by Hilliard Veren,* cleric, and served by James Simonds,* constable, who returned the names of Mr. Hen. Bartholmew, Mr. Hilliard Veren, jr., Mr. Benjamin Geerish, John Sanders, Joshua
* Autograph.
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[June
Ward, Thomas Putnam and Frances Nursse for the jury of trials.
Venire, dated May 12, 1679, for Lynne, signed by Hilliard Veren,* cleric, and served by Thomas Laughton, jr.,* con- stable, who returned the names of Ensign Fuller, Daniell Huchins, Jacob Knight and Samuell Tarbox for the jury of trials. At a Lynn town meeting, 3 : 4 : 1679, Capt. Walker, Capt. Marshall and Mr. Thomas Laughton were chosen commissioners to end small causes, and Samuell Cobbett and Joseph Roads, constables.
Venire, dated May 12, 1679, for Gloster, also summons to John Pearce, for disturbing the peace and absence from public worship, and to witnesses, William Seargent and Deacon James Steevens, signed by Hilliard Veren,* cleric, and served by Thomas Millet,* constable of Gloster, who returned the names of John Davis, sr., for the grand jury and William Hascoll, jr., for the jury of trials.
Venire, dated May 14, 1679, for Marblehead, also summons to Edward Berry, for not living with his wife, and to Richard Joanes, for calling Elizabeth Poe vile names, signed by Hilliard Veren,* cleric, and served by Thomas Hokkens,* constable, who returned the name of William Nick for the jury of trials, and also certified that Richard Jones had been gone from Marblehead about half a year.
Venire, dated May 12, 1679, for Beverly, signed by Hilliard Veren,* cleric, and served by Will. Dodg,* constable, who returned the name of Joseph Dodg for the jury of trials.
Richard Richards, Dr., 9 : 2 : 1677, to 10 1-2 gall. wine 2s. 6d. p., 1li. 6s. 3d .; to 2 Combs 5 d. p, 10d .; 10 :3, to 1 knife, 8d .; total, Ili. 7s. 9d. p contra. Cr., p 300 ft. mercht. Bord, 15s. pr. me Jno. Higginson .*
Mr. Tho. Elbridg's petition: that about this time two years ago, he presented a petition telling how it was with him and into what condition it had "pleased the lord by meanes of the cruell heathen" to bring him, he having lost his all and had a wife and five children to maintain with no way to earn a living. Court granted him then a license to sell drink out of doors, but living out of the way in a poor house could not make a living, but ran in debt. He has now moved to a house near the town for which he is to pay a great rent, and asks that he be granted a license to sell within doors.
John Emerson,* pastor of the church of Glocester, certified, June 23, 1679, that "John Peirs Jun. of Glocester came to our House to invite my selfe & all my family to a Quakers meeting which he sayd was to be at his House the next day at ten of the clocke or thereabouts I labored to convince him of ye evil of it & ye breach of ye Law of this Commonwealth but
* Autograph.
243
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1679]
he was very impudent & bold & sayd they were neither afrayd of the Laws nor Magestratates nor any man I answered I thought he sayd very true for I beleived they neither feared God nor reverenced man. And so he went away very stiff & obstinate & as I heard went from house to house to invite mens children & servants ye most part of yt Night."
On 18 : 12 : 1678, Edm. Batter,* commissioner of Salem, certified that Alister Grime, complained of for abusing and wounding Constable Will. Curtiss when he was searching for stolen goods by warrant, and confessing before Mr. Barthol- mew Gidney and Edmund Batter, was ordered to appear at the next Ipswich court and bound to good behavior. The "season of the year being very cold we durst not keepe him long in the prison" and upon security procured, they let him out.
Mr. Richards' petition, 1679: "- --- that for many reasons as first -- his house now standeth not upon - Cottager & no righte to pruieledg in Commons other - of A roade way thorough our feilds to ye Town men were much out of ye way to lay out such a - - grate dammage if not wholely ruinateinge of our feilds & secondly - wch his Father kinge gaue him in his farme lyinge in Commons lyeth another way, (that is towards his Brother Ralph Kinge & by his last will & Testament) hee, that is, Mr. Kinge in ye dona- tion of the lande where Ezekiell Needeum his house now standeth, hee is bound to fence the aforesayed lande, & in nowise to incumber nor troublle his neighbors, uppon ye danger of the forfeiture the titllee thereof, as alsoe, unto & from ye Towne commons, & his proprietie in common landes; & there is an anciente Common Roade way, both drift, horse, carte & foote, which leadeth to Linn, Salem, Boston & Mar- blleehead & is now made use of Contentedly by his & our neighbors as aforesayed of custom hath ben in times past, besides all this som of us as namely Nickolas Huchisson is wholly out of capacitie either to giue graunte sell or any manner of wayee to consent to such a thing as Ezekiell Need- eum hath or is agitatinge aboute laying out A way in this place, for hee is but A tennante uppon A Lease for som cer- taine yeares ensuinge & his landlord liueth far remote out of this collony & is unackquainted wth this diuydence in land for A hyway thorough his lande, Nickolas Huchins is annually bounde to pay his rente (but how will that be ackcomplished if his tillablle landes & meddow be layd wast for A roade way for ezekiell Needeums use & what deniall in reason can bee giuen if this roade way should so unreasonably bee graunted & confirmed but in process of time against law & custom will bringe to effect that wee the true & sole proprietors shall
* Autograph.
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SALEM QUARTERLY COURT
[June
haue A roade country way through this our anciente im- proued & inclosed feilds & then I besech youre honnoures consider how its euer possible ezekiell Needeum will euer for such an unneighborly incumbrance be ablle to make us any competent satisfaction for such A continuall yearely dayly & continuall destruction in our feilds & labors, the presage of wch exept timely use of meanes preuent wee see is like to ensue & fall uppon our estates & although wee might enlarge A very grate deale more in ye layinge open of this so unneigh- borly an acct offered unto us wee only craue ye libertyes that ye lawes of God & cristian gouernment alloweth us som of wch wee recite, only, first giueinge your Honnours to under- stande yt ye incumbrance made for this way by Ezekiell Need- eum & ye seleckt men as aforesayd is uppon ye ancient graunte of house lots & whence wee finde by law house lots adioyneinge each to others are to mainetayne theire fence by equall pro- portion whether improved or not, Law, title fences, 2 book of lawes page ye 12 & cottages is well knowne to all By Law tittled cottages haue no tittlee in Commons & then if no tittlee in commons by consequence it followeth not of righte for Needeum aforesayd to -- court or ye selectmen to - out a way to pass through too & fro & - are ye parents of ye country, wee are children willingely to sub- to wholesome gouernment wee will not sell our birthrighte for A mess of pottage wee doubte not but youre hounours will assure us releife,
"Moreouer its well knowne in this country that the anciente country Roads betwixt marbllehead & Lin & Boston went thorough all m' Kings farme nere to Mr. Kings dore, & not far from ye place ezekiell needeums house standeth but mª Kinge fndinge ye inconvenience of it used ye means & it was remoued where it now is & if it be in ye minds of any of ye aforesayd mr daniell Kinge his suckessors to procure a roade way through our lands for theire occasions & stop up this ancient way, this in so doinge wee most humbly conceiue to contradict law and justice. Nickolas Huchins,* Edwarde (his mark) Richards and Benjamen Farr .* "
Petition of Sarah Hathorne* of Lynn, widow: that her husband for many years had kept a house of public entertain- ment in Lyn "as is well knowne to ye Honord Court & Coun- trey. . and was at great charge to fit both house & prouide necessary goods for such an end, at length it pleased God to take him from mee yr poore supplieant & left mee under many debts wch I must & ought in conscience to take an honest care & course to pay them. . and her house standing soe In ye Rhoad way of Travellers," she requests a renewal of the license.
* Autograph.
245
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1679]
Copy of an order of the General Court, May 28, 1679, made by Edw. Rawson,* secretary: that the Chebacco inhabitants who were urging the erection of a meeting house against the advice of the council were to appear at the next Salem court and make acknowledgment.
John Gittings, Joseph Gittings Abraham Martain, Seth Story, Hannah Goodhue, Hannah Martain and Thomas Varny, for his wife, acknowledged, in court, 25 :4 : 1679, that "we are conuinced that wee haue offended in being actiue to erect a meting hous contrary to the aduis and pro- hobession of the Counsell for which we are sory and desier it may be forgiuen."
From the files of the Salem Commissioners' court:
Writ: Mr. Edward Norris, sr. v. Anthony Dike; debt, for teaching his two sons to read and write; dated 30 : 9 : 1678; signed by Hilliard Veren,* for the court; and served by Henry Skerry,* marshal of Salem.
William Curtis, constable, was some time the last week at Samuell Prince's chamber and there among other discourse he heard Arthur Huse swear by God.
Writ: Mannasseh Marston v. Samuell Silsby; for taking up a horse and detaining him; dated 13:10 :1678; signed by Hilliard Veren,* for the court and clerk of the town of Salem; and served by Henry Skerry,* mar- shal of Salem.
John Marston, aged about forty years, testified that some time last spring when John Tally made up his accounts with those who were concerned with him in his late Virginia voyage, Tally said that there were three hogsheads of tobacco at Boston that belonged to the cargo and Mr. Eliezer Gedny had an interest in one-quarter of the cargo.
James Browne, aged about thirty-one years, asked to tell what he knew about John Chaplin, deposed that he saw him much disguised with drink just after the privateer ship came in and he used bad language. Sworn, 7:11 : 1678.
Thomas Clearke deposed that one night being upon the watch in com- pany with Mathew Barton when the privateer lay within Baker's Island, as they were walking the rounds they heard a loud noise at or near the door of John Williams, the cooper, and it was John Chaplin drunk. Jonathan Barton testified that he saw the man but being a stranger did not know his name until Clarke told him it was Chaplin. They further said that Chaplin swore and said "now is the time to get money, the privateer wants horses," etc. Sworn, 7 : 11 : 1678.
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