Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7, Part 27

Author: Essex County (Mass.). Quarterly Courts; Essex Institute; Dow, George Francis, 1868-1936
Publication date: 1919
Publisher: Salem, Mass. : Essex Institute
Number of Pages: 510


USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 27


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Writ: Mr. Edmond Batter v. Walter Fairefeild; debt; dated 9 : 3 : 1679; signed by Hilliard Veren,* for the court, and clerk of the town of Salem; and served by Henry Williams,* deputy for Robert Lord,* marshal of Ipswich, by attachment of a house of defendant at Wenam.


Writ of replevin, for a horse of Edward Wharton's, deceased, seized by Ezekiell Needham, to be delivered to Samuell Shattock, attorney to George Wharton, administrator of the estate of said Edward; dated June 23, 1679; signed by Hilliard Veren,* for the court, and clerk for the town of Salem; and served by Jonn Bullock,* deputy for Henry Skerry,* marshal of Salem.


Ezekell Nedham's bill of cost, 1li. 13s.


Samll. Shattock's bill of cost, 1li. 15s.


John Bullock, aged about twenty-four years, deposed that this horse was formerly Edward Wharton's, and he had heard Needom say that he took it up with a rope about his neck. Since then deponent had seen a brand of E. B. upon him. Sworn, 5 :6 :1679.


W. Reeves and J. Cook testified concerning the color and marks on the horse.


Samuell Princ, aged about twenty-five years, testfied that he saw this horse about the time it ran away from Josiah Sotherick, a year and a half ago, in the south field with a rope about his neck. Sworn, 5 : 6 : 1679.


Manaseth Marston, aged about thirty-four years, testified that this is the horse that Isack Woodbery of Beverly sold to Ezekiell Needham about two years ago. Sworn, 5 : 6 : 1679.


John Lewis, jr., aged about nineteen years, deposed that he saw Samuell Shaduck, jr., of Salem take a horse of a blackish brown color of Ezekiell Needham's out of his pasture, about a week since, etc. Sworn before Capt. Walker and Thomas Laughton,* commissioners of Lyn.


Copy of letter of attorney, dated July 4, 1678, given before Anthony Wright, notary public, dwelling in London, by George Wharton of London, brother and administrator of the estate of Edmond Wharton, late of Salem, to Samuell Shattock, sr., and Samuell Shattock, jr., dwelling in Salem. Wit: Henry Frogg, Lawrence Cresse and William Cranch. On July 5, 1678, Sir Frances Chaplin, Lord Mayor of London, the aldermen and senators also, certified that Anthony Wright was a legally appointed notary public, signed by Wagstaffe. Copy made by Hilliard Veren,* cleric.


Ezekiell Needham, aged about thirty-two years, deposed that when he bought the horse John Bulock affirmed that it was a colt of Robert Wilkes' mare, etc. Sworn, 5 :6 :1679.


William Trassk and Josiah Southwicke testified. Sworn, 5 :6 : 1679.


John Lewis, sr., aged about forty years, deposed that when Needham took up the horse he was so wild that it was a fortnight before he could be ridden, etc. Sworn at Lyn, before Capt. Walker and Thomas Laughton,* com- missioners.


Mr. Ralph Kinge, aged about forty years, and John Richards, aged about thirty years, testified. Sworn at Lyn, before Capt. Walker and Thomas Laughton,* commissioners.


Joseph Lord, aged about seventeen years, testified that his master Edward Wharton wintered the horse about three months, etc. Sworn, 5 : 6 : 1679.


William Reeves, aged about thirty-four years, deposed that he had several times seen Ezekiel Needom ride upon the horse. Sworn, 5 : 6 : 1679.


Edmond Bridges, aged about forty years, testified that Edward Wharton's horse was impressed by order of the committee of militia of Salem to go post with a letter to the Major Generall, and deponent rode part of the way. Jno. Richards of Lin told deponent, etc. Sworn, 5 : 6 : 1679.


John Cooke, aged about thirty years, testified that he had shod the horse for Edward Wharton several times and also trimmed him, etc. Sworn, 5 :6 :1679.


* Autograph.


253


RECORDS AND FILES


1679]


John Richards, aged about thirty years, and Nickolas Huchins, aged about forty-two years, testified concerning the marks on the horse, etc. Sworn at Lyn, 30 : 4 : 1679, before Capt. Walker and Thomas Laughton,* commissioners.


John Richards, aged about thirty-five years, and Nicoles Hutchens, aged about forty-two years, deposed that the horse was Ezekiel's riding horse for over a year, etc. Sworn, 5 : 6 : 1679, before Wm. Hathorne,* assistant.


Writ: Robert Burges v. Samuell Hobbs; for neglecting and leaving his work from time to time, as he was engaged as partner with plaintiff to per- form; dated 29 : 5 : 1679; signed by Hilliard Veren,* for the court, and clerk of the town of Salem; and served by James Poulon,* constable of Salem, by attachment of a chest and the Sunday clothes of said Hobbs in the chest.


Robert Burgis' bill of cost, 10s. 2d.


Hilliard Veren, jr., testified that Samuell Hobbs engaged with Robt. Bur- gis to build a stack of chimneys and do other work for deponent in partner- ship, to be finished some months since. Now the work was nearly finished,. without any help from Hobbs, etc. Sworn, 5 : 6 : 1679.


Writ: Mr. Richard Croade v. Samuell Hobbs; debt; dated July 29, 1679; signed by Hilliard Veren,* for the court and for the town of Salem; and served by James Powllen,* constable of Salem, by attachment of a chest and clothes of defendant.


Richard Croad's bill of cost, 15s. 10d.


Samuel (his mark) Hobbs owned, 29 :5 : 1679, that he owed Richard Croade 47s. 2d. Wit: James Powllen, t constable. Sworn, 5 :6 : 1679.


Executions, dated 7 : 6 : 1679, against Samuell Hobbs, to satisfy judg- ments granted Mr. Richard Croade and Robert Burgis at the Salem com- missioners' court, 5 : 6 : 1679, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem.


Warrant, dated July 18, 1679, for the appearance of Mrs. Ellener Holling- worth and her son William, signed by William Browne,* commissioner, and served by James Powllen,* constable of Salem.


Sammuell Prince, aged about twenty-five years, deposed that he was present when William Hollingworth and John Beckett, jr .. had some words and that William had great provocation for what he said to Becket. Sworn, 5 :6 :1679.


Mrs. Hollingworth deposed that Samuell Graye and John Becket, jr., went from her house together, and shortly returned with his mouth bloody and much swollen, saying Gray had struck him, and she took a cloth to wipe away the blood. Sworn, 5 :6 : 1679.


Walter Whitford, aged about fifty-one years, deposed that he being re- quired by constable Sarles to part Samuell Gray and John Best from fighting, etc.


John Becket, jr., testified that when Sam. Gray struck him down in the lane, William Hollingworth stood by and deponent told him that as they were children together, before "I would haue seen him so abused I would haue died by him," to which William made answer that he loved to see men kill one another. Sworn, 5 :6 : 1679.


Samuel Prince, aged about twenty-five years, deposed that he was in the house with John Becket when William Hollingwood came in and asked Becket what he meant by Hezekiah Dutch's bed. Becket said he never lay upon Dutch's bed in his life, and William shook his cane at him, saying if he would not fight him he would proclaim him a coward throughout the town, etc. William Bowdith, jr., testified the same. Sworn, 5 : 6 : 1679.


John Beckett, aged about fifty-three years, deposed. Sworn, 5 :6 : 1679. Elisabeth Deyser, aged about forty-eight years, deposed that she saw Samuell Gray fighting John Elwelles man before Goody Deyser's house.


Summons, dated Aug. 4, 1679, for the appearance of Walter Mungey and John Bly, as witnesses in a complaint against John Marcy, for being dis-


* Autograph.


254


IPSWICH QUARTERLY COURT


[Sept.


COURT HELD AT IPSWICH, SEPT. 30, 1679.


Edmond Ashbie v. Timothy Clarke. False imprisonment. Verdict for plaintiff .*


*Writ: Edmond Ashby v. Timothy Clarke, commander of the ship Sea Venture; for false imprisonment on May 23, last, in the goal of Boston and there detained until July 1; dated Boston, Sept. 10, 1679; signed by Nath. Barnes,t for the town of Boston; and served by Returne Waite, ; marshal of Suffolk. Bond of Timothy Clarke.t


Edmond Ashby's bill of cost, 1li. 4s. 6d.


Joseph Elliott, aged about thirty-one years, deposed that he was in prison when Ashby was brought in and delivered to Mr. Earle, prison keeper. Ashby paid 50s. to Earl for bail and was at liberty to go about but was not discharged. He was obliged to report every time he came to town. Sworn, 11 : 7 : 1679, before S. Bradstreet,f Govr.


John Babson, aged eighteen years, deposed that Ashby was served the attachment by Henery Williams, and his imprisonment was a great hindrance to the improvement of his vessel. Sworn in court.


Issick Couzens, aged about sixty-seven years, testified that he was also a prisoner and heard Ashby tender the prison keeper a load of wood which he refused, etc. Sworn, Sept. 11, 1679, before John Joyliffe,¡ commissioner.


Letter to Mr. Lord, clerk of the Ipswich court: "Bostone Sept 12th 1679. This is onely to inclose a deposition to be made use of at yor next court at Ipswich taken by Isack Coz- ens before yor loueing freind John Joyliffe."


Copy of writ: Timothy Clarke, commander of the ship Sea Venture v. Edward Ashby; for refusing to pay 27s. from the wages of Thomas Babson, deceased, for satisfaction of the doctor of the Indeavour, Samuell Smith, commander, in the late voyage at Saltatudes, to do which said Ashby had received of the plaintiff the full wages of said Babson, de- ceased, whereby plaintiff was forced to pay said doctor because he had given his word to pay him out of said wages, and this was done because said docter at Tertudes refused to take the word of defendant; dated Boston, May 23, 1679; signed by Ephraim Turner, for the town of Boston; and served by


guised with drink, signed by Bartho. Gedney,¡ commissioner, and served by Peter Cheevers,t constable. Mungey was fined for contempt in not appearing.


Warrant, dated Aug. 4, 1679, for the appearance of John Marcy, for drunk- enness, signed by Bartho. Gedney,t commissioner, and served by Peter Cheevers, t constable of Salem.


¡ Autograph.


255


RECORDS AND FILES


1679]


Joseph Quilter, administrator of the estate of Marke Quilter, deceased v. Frances Quilter. Debt. Forfeiture of a bond. Verdict for plaintiff. Appealed to the next Court of Assist- ants. Frances Quilter bound, with Richard Shatswell and Robert Swan, as sureties .*


Henery Williams, deputy for Joseph Webb, marshal of Suffolk. Copy made by Robert Howard, t cleric for the Commissioners' court.


*Writ, dated June 23, 1679, signed by Robert Lord,t for the town of Ipswich, and served by Phillip Fowler,f deputy for Robert Lord,t marshal of Ipswich.


Joseph Quilter's bill of cost, 2li. 2s.


Francis Quilter's bill of cost.


Agreement, dated Nov. 11, 1678, between Joseph Quillter,t administrator of the estate of Marke Quilter, and Frances (her mark) Quilter, the widow of Marke Quillter, both of Ipswich, that Edward Lumis and Simon Stace should arbi- trate their differences about a chest, bills and wearing clothes of deceased, also a musket, belt and rapier, saddle and saddle cloth, powder and bullets. Wit: Thomas Lovellt and Simon Stace .; Sworn, Sept. 1, 1679, by Lovell before Daniel Denison, and by Stace, in court.


Award of the arbitrators, dated Nov. 12, 1678, Edward (his mark) Lumis and Simon Stace:f that the administrator should have the chest, bills, wearing clothes, musket, rapier, belts, bullets and powder belonging to the gun, saddle and saddle cloth, and should pay to the widow 10li., half in New England silver money and half in corn at the house of deceased. Sworn in court.


Joseph Quiltert acknowledged that he had received the goods that were in Marke Quilter's house and Frances (her mark) Quilter owned that she had her part and acquitted said Joseph of all that was awarded to her concerning the goods in the house. Wit: Edward (his mark) Lumis and Tho. Lovell.t Sworn, Sept. 1, 1679, by Lovell before Daniel Denison, t and by Lumis, in court.


At a General Court at Boston, May 28, 1679, in the case of Frances, widow of Marke Quilter of Ipswich, asking for a settlement of her husband's estate, court found that he died intestate and the pretended will presented to this court ought to be accounted null and void, the widow to have the whole estate during her life, and afterwards one-half to the relations of her deceased husband. Copy of record made by Edward Rawson, t secretary.


Frances Quilter's petition to the General Court: that her + Autograph.


256


IPSWICH QUARTERLY COURT


[Sept.


Robert Knight v. Onesipherus Allen. Appeal from a judgment of Maj. Gen. Daniel Dennison, Esq. Verdict for defendant .*


Robert Knight v. Samuell Leach. Appeal from a judgment of Maj. Gen. Daniel Denison. Verdict for defendant. Con- firmation of the former judgment.t


husband died possessed of about 600li., of which a considerable part was money, and which was chiefly what said Frances brought to him as a portion given her by her father Richard Swan, the remainder what her husband had made during the twenty-three years that she had lived with him, they both denying themselves everything but necessities to accumulate the estate. Her husband had not made his will when he was in a condition to do so and the will was presented two days after his death to the Ipswich court by Joseph Quilter who was appointed administrator. She is now in her old age destitute of parents, husband or children and unless a settle- ment is made will of necessity come to the town for support, etc. Copy made by Edw. Rawson,# secretary.


*Copy of papers in a similar action, before Daniel Denison, of Salem, made Aug. 25, 1679, by Daniel Denison.


Writ: Onesiphorus Allen v. Robert Knight of Marblehead; for illegally taking away five or six cords of said Allen's wood; dated 30 : 4 : 1679; signed by Hilliard Veren, for the court; and served by Henry Skerry, marshal of Salem, who attached said Knight at Salem. Bond of Robert Knight.


On July 7, 1679, this action was tried before Daniel Denison, who gave judgment for plaintiff. Defendant appealed, with William Beale and Thomas Looke as sureties.


Onesiphorus Allen's bill of cost, 13s. 6d.


William Allen testified that the wood which his brother Onesiphorus Allen, etc. Sworn, July 7, 1679, before Daniel Denison.#


Samuel Leach and Robert Leach deposed that at that time wood sold for 3s. 6d. per cord. Sworn, July 7, 1679, before Daniel Denison.#


William Allen and Samuel Leach testified that the wood was cut by Onesiphorus Allen upon the commons of Man- chester.


Robert Knight's# reasons of appeal, brought in to Daniel Denison,# Sept. 23, 1679.


¡Copy of papers in this action tried, June, 1679, at Salem court, made by Daniel Denison.#


Copy made by Daniel Denisont of a similar action, tried July 17, 1679, before Daniel Denison, who gave judgment # Autograph.


257


RECORDS AND FILES


1679]


Mr. Thomas Baker v. Mr. Jeremiah Hobard. Slander. By advice of the court, Mr. Hobard acknowledged he had done him wrong and spoke without grounds or reason in court.


Martha Gilbert v. Hugh Babell and Susanna, his wife. Slander. Verdict for plaintiff. The defendant was ordered to make acknowledgment in court, which was done .*


for plaintiff. Appealed to the next Ipswich court, with Wil- liam Beale and Thomas Looke, as sureties.


Robert Knight'st reasons of appeal, brought in to Daniel Denison, Sept. 23, 1679.


Answer of Samuell Leacht and Onysipharus Alint to Robart Knight's reasons of appeal.


John Sibly and Robert Leach deposed that the wood was cut by Samuel Leach on the commons of Manchester. Sworn, July 7, 1679, before Daniel Denison.t


Robert Leach deposed. Sworn, July 7, 1679, before Daniel Denison.t


Samuell Leach's bills of cost, 12s. and 1li. 6s. 6d.


John Knight, aged nineteen years, and Robert Knight, aged sixteen years, deposed that the last winter they were sent by their father Robert Knight of Marblehead to his farm called Kettle Cove for firewood about 40 rods from the waterside upon the neck which lieth on this side the marsh. Several parcels of wood were standing ready cut at the stumps, and they and two other men backed it down to the boat, etc. Sworn, July 5, 1679, before Moses Mavericke, commissioner. Copy made, Aug. 25, 1679, by Daniel Denison.t


John Sibly and Samuel Leach deposed. Sworn, July 7, 1679, before Daniel Denison.t


William Beale, aged about forty-nine years, deposed. Sworn, July 7, 1679, before Daniel Denison.t


John Abbott, aged twenty-seven years, deposed. Sworn, July 7, 1679, before Moses Maverick, commissioner.


Jenkin Williams and John Coy deposed that Robert Knight told them that he carried away Samuel Leach's wood that lay at the usual landing place at Kettle Cove. Sworn, July 7, 1679, before Daniel Denison.t


Thomas West and John Elithrop deposed that cord wood sold at 4s. 6d. per cord. Sworn, July 7, 1679, before Daniel Denison.t


*Writ: Martha Gilbert v. Hugh Babell and Susanah, his wife; slander, for saying that plaintiff stole a silk farendine gown on account of which she was in prison a fortnight; dated Sept. 19, 1679; signed by Robert Lord,t for the town of + Autograph.


258


IPSWICH QUARTERLY COURT


[Sept.


Joshua Ward v. Simon Bradstreet, Esq. Debt. Withdrawn.


John Poland v. Robert Lord, marshal. For not performing his office. Verdict for defendant .*


Samuell Pippen v. Benjamin Marshall. Appeal from a judgment of the Honored Major Genell. Denison. Verdict for plaintiff, reversing of the former judgment .¡


Ipswich; and served by Robert Lord, marshal of Ipswich. Bond of Hu Babell,# Benjamin Marshallt and Sam. Pearce .;


Wm. Hoar deposed that in all the considerable time that Martha Gilbirt lived with him as a servant, he found her very trusty and faithful.


Anna Marshall deposed that being in company with Susanna Babell at her father Crosses, she heard her say that Martha stole the gown. Elizabeth Smith testified to the same. Sworn in court.


Abigaile Bingleyį testified that all the time Martha lived with her, she was trusty and honest. Sworn, Sept. 29, 1679, before S. Bradstreet,¿ Govr.


Letter of attorney, dated Sept. 27, 1679, given by Martha (her mark) Gilbert to Danil Wikum. Sworn, Sept. 27, 1679, before Daniel Denison.Į


*Writ: John Poland v. Thomas Patch; trespass, for throwing down a ditch that fenced his meadow, thereby claim- ing his land and laying his meadow common; dated June 16, 1679; signed by Daniell Denison;} and no return made.


Jon. Poland's bill of cost, 1li. 2dl.


Thomas Patch, aged about forty-one years, deposed that there being an action at Salem court last June between de- ponent and Jno. Poland, and the original attachment not then appearing, he told John Poland that as he had a copy of the attachment, if he would give deponent 5s. the action should go on. Also that Richard Hutton, then constable of Wenham, served the attachment on deponent's goods, making return in his own name. Sworn in court.


William Knowlton, aged about thirty-six years, deposed that Robert Lord, marshal of Ipswich, said in his hearing at the last Salem court that Goodman Powland's attachment that he had served upon Thomas Patch of Wenham should be at the court or else he would procure him one. Sworn, 12 : 7 : 1679, before Edm. Batter,¿ commissioner.


Richard Hutten, sr., deposed. Sworn in court.


Thomas Knoulton deposed. Sworn, Sept. 20, 1679, before Daniel Denison.#


+Copy of papers in an action tried before Daniel Denison, made Aug. 25, 1679, by Daniel Denison:#


# Autograph.


259


RECORDS AND FILES


1679]


Luke Perkins v. Robert Cooke. Non-performance of a covenant. Verdict for defendant .*


Writ: Benjamin Marshal, assignee of John Cogswel, the administrator of the estate of Samuel Cogswel, deceased; trespass; for carrying rail timber and cord wood from the farm that Samuel Cogswel leased to Samll. Pippen, which land could not be improved for corn; dated July 9, 1679; signed by Robert Lord, for the town of Ipswich; and served by Robert Lord,t marshal of Ipswich, by attachment of a small swine, a coverlet and defendant's clothes.


Court gave judgment for plaintiff. Appealed to the next county court, with Thomas Varney, Ephraim Fellowes and Jonathan Fanton, as sureties.


Benjamin Marshall's bill of cost, 1li. 17s. 8d.


Samuell Pipen's bill of cost, 1li. 5s. 6d.


Samuell Pippen's reasons of appeal, given in, Sept. 25, 1679, to Daniel Denison.t


Benjamin Marshall's answer to Samuell Pippin's reasons of appeal.


Joseph Marshal deposed that he helped Pippin carry 100 railes or rail timber. Sworn, July 17, 1679, before Daniel Denison.t


William Cogswel deposed that Pippen sold him 100 rails in 1679 which he hired Joseph Marshal to bring over the river and they were landed on his land. Sworn, July 17, 1679, before Daniel Denison.t


William Thompson, deposed that he cut down eight or nine rail trees and some post timber, which made about 100 rails and 30 posts; also three cords of wood were also cut, etc. Sworn, July 17, 1679, before Daniel Denison.t


Willm. Story, sr., and Thomas Low, sr., deposed concerning appraising the damage and Pippin's threats to Marshall. Sworn, July 17, 1679, before Daniel Denison.t


Henry Swett, aged about twenty-two years, deposed. Sworn, July 17, 1679, before Daniel Denison.t


William Thompson, aged thirty years, and Henry Swett deposed that some of this timber grew upon as good land as Pippin had already broken up. The rail timber was felled to make a five rail fence between Pippen's and deponent's. Sworn, July 17, 1679, before Daniel Denison.t


Willm. Andrewes testified. Sworn, July 17, 1679, before Daniel Denison.t


*Writ: Luke Perkins v. Robert Cooke of Boston, horn- breaker; non-performance of a covenant; dated Sept. 10, 1679; signed by Robert Lord,t for the court; and served by


t Autograph.


260


IPSWICH QUARTERLY COURT


[Sept.


Henry Williams,* deputy for Rich. Wayte,* marshal of Suffolk. Bond of Robert Cooke,* with Nehemiah Perce* of Boston as surety.


John Brandall, hornbreaker, aged thirty years, testified that ivory comb-making and horn comb-making are two distinct trades, and that living several years with Robert Cook, he never heard that he made any small tooth combs but long tooth horn combs. Sworn, Sept. 29, 1679, before S. Bradstreet,* Govr.


Samuell Peppen, aged about thirty-two years, deposed that being at the house of Quartermaster Perkins when Luke Perkins and Mr. Cooke made the agreement, said Cooke agreed to clear him from the town of Boston that the townsmen should not hinder him. Also he said he would let him a chamber to dwell in while he was there the four months. Sworn in court.


Tommos Heill, aged about fifty years, testified that he had seen Robert Cooke make good "torkell shell" combs a great many times. Sworn, Sept. 3, 1679, before John Hull,* com- missioner.


Joseph Hurd, aged about thirty-three years, deposed the same. Sworn, Sept. 3, 1679, before John Hull,* commissioner.


Joseph Hord, aged thirty-three years, deposed that being next neighbor to Robert Cook, when Perkins was there, the latter told him that he had learned to make better great tooth combs then Mr. Cooke. Having lived many years next Cooke, he never knew that he made combs with small teeth but that he always hired them made. Also that Perkins and his wife left Cook's house and lived in the house where formerly Nehemiah Perce dwelt and he never heard of any- thing the townsmen had against them before said Perce com- plained of them. Sworn, Sept. 29, 1679, before John Hull,* commissioner.


Elihu Wardal testified that he saw Luke Perkins making combs at Cook's house.


Nehemiah Perce, aged thirty-six years, deposed that he was much concerned to get Mrs. Perkins out of the town or to hinder them from keeping a house in our end of the town. But he never heard of any act requiring Luke Perkins himself to leave town or his work. Also that being for several years next neighbor to Cooke, etc. Perkins and his wife left said Cooke's house and lived in the house where deponent for- merly lived, at which time there were two months' covenanted time due Mr. Cook, he having lived three months with Cook. Sworn, Sept. 29, 1679, before John Hull,* commissioner.


John Hollman, aged forty-three years, testified that he heard Mr. Luke Perkins tell Cook that if he would come to


* Autograph.


261


RECORDS AND FILES


1679]


Mr. Francis Wainwright v. Wm. and Samuell Hilton. Debt. Forfeiture of a bond .*


Ipswich he would work out the other two months. Thomas Hill, aged about fifty years, deposed the same. Sworn, 24 : 7 : 1679, before S. Bradstreet, t Govr.


John Fayerweather, aged about forty-five years, deposed that Mr. Cooke was called before the selectmen on account of entertaining servants without leave, and he said that he intended to be bound for him at first but he would not give entertainment to him any longer and would turn him out of his house. Theoph. Fraryt testified to the same. Sworn at Boston, Sept. 3, 1679, before Elisha Hutchinson, t commissioner.


Thomas Hill and John Hollman deposed. Sworn, Sept. 27, 1679, before John Hull,t commissioner.


Indenture, dated Apr. 29, 1679, between Robert Cooket of Boston, hornbreaker, and Luke Perkinsį of Ipswich, in which said Cooke agreed to teach him the trade of combmaking within four months, for which he was to pay 20li. in one year, 10li. to be paid in a still upon his arrival in Boston, which, if it could not be disposed of at that price and he was forced to keep it, he was to allow Perkins 40s. in silver for it; after Perkins had learned the trade he was not to teach it to any- body except his own children upon forfeiture of 40li. sterling; Cooke was to supply him with one set of tools for which he was to pay. Wit: John Barryt and Robert Lord, t marshal. This agreement was to be kept in the hands of George Persen. *Writ: Francis Wainwright v. William Hilton and Sam- uel Hilton; debt due upon forfeiture of a bond; dated 13 : 7 : 1679; signed by Daniel Denisont; and served by Robert Lord, t marshal of Ipswich.




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