USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 8
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+Warrant, dated July 19, 1678, for appearance, signed by Jno. Higginson, jr., ** for the selectmen, and returned by Joshua Rea, ** constable of Salem.
#Warrant, dated July 19, 1678, for appearance, signed by Jno. Higginson, jr., ** for the selectmen, and returned by Thomas Searle, ** constable of Salem.
§Warrant, dated 19 : 5 : 1678, for appearance, signed by Jno. Higginson, jr., ** for the selectmen, and returned by John Norman, ** constable of Salem. Another warrant of the same date returned by William Curtis, ** constable.
||Also Ant. Buxton. Warrant, dated 19 : 5 : 1678, signed by Jno. Higginson, jr., ** for the selectmen, and returned by Joshua Rea, ** constable of Salem.
TPetition of Joseph Miles: that being presented last Michælmas for excess in drinking, he confessed that he had sinned against God, wronged his own soul and broken the laws of this jurisdiction. He "hath beene in this Cuntrie aboutt twentie fiue yeares, and neuer was before nor since that time ouer taken with Drink, neither hath he all that time spent a six pence in Idle expences, and was then ouer taken before he was aware, and hope yt god hath soe assisted him with his grace as trulie to repent of ye Same, and yt god hath pardoned him." He asked that his fine be remitted, as it was his first offence and he was aged and not able to pay it.
** Autograph.
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RECORDS AND FILES
1678]
they do not attend their duty they were to answer at the next court .*
The return of the highway laid out between Salem and Marblehead was allowed and confirmed, and whereas the highway through the south field was but one pole in breadth, now it shall be two poles. Hilliard Veren, sr., Left. Richard Leach and Israell Porter were appointed to award the land dam- age, to be paid by the town and the proprietors of the mill.t
*Petition of Richard Rowland, James Dennis and Robertt Bartlett, all of Marblehead: "Wheras the honorble GenII Courtt by yr order were pleased to settle a difference among us for the settlement of privilege of the inhabitants about stinting the Cow Common in persuance of which order the Selectmen and inhabitants did last year 1677 appoint and Impower us and some others to Inspect the regulation of it as by order may appear and againe the Selectmen and In- habitants did renue yor former order to us for this year 1678, as by ye Copy of yor order entered in the towne booke may ap- pear. Butt wheras wee haue no towne clarke to signify ye said order impowring us and some of the selectmen Refusing to Joyne with others in sighning therof and giuing us warrant to Actt wee are at a loss to execute the same wherby the towne is greatly damnified by oppressing the Common, wee therfor humbly request the honoured Court to give us Relief in ye aboue premises.
¡Copy made June 25, 1678, by Jno. Higginson, jr.,¿ of the return of the layout by William Hathorne, Henry Barthol- mew, Richd. (his mark) Rouland and Samuell Ward, dated Apr. 24, 1666: "That the way shall lye out of the towne of marblehead as the Comon cartway now lyeth foure rods wide and so to Run four Rodds broad as we haue marked trees nere the way as it is commonly used only upon the midle of the playne we leaue the common way and goe somwhat on the left hand of the old way according as the trees are marked and so to run foure Rodd wide untill we come to the Bridge and then to goe foure Rodd wide untill we come to the litle gate that standeth in the South feild fence. and then we haue determined that the way shall run through at that gate upon a streight line unto an old tree that lieth neare that common high way in the South feild and so to goe alonge the way, as it is now used through the South feild unto the mill Dam and the Breadth of the whole way through the South feild to be one Rodd wide and that this is our Joynt agrement," etc.
At a meeting of the proprietors of the South field, 25 : 2 : 1678, Mr. Wm. Browne, jr., Capt. Jno. Price and Lieut. Pick- # Autograph.
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SALEM QUARTERLY COURT
[June
"To the constables & tithingmen of marblehead Salem & Linne
"This court being informed that diuers psons in yor townes doe contrary to law priuately keep tipling houses to the in- crease of disorders amongst us which wee ought to indeauour to prvent, you are hearby required in yor respective townes, diligently to inquire & search, that you may be inabled & accordingly doe from time to time certify to this court of any unliscenced pson that haue or shall prsume to sell drink in their houses contrary to law. And wheareas wee are alsoe informed that there are more publicke houses or ordinaries in each of yor Townes that haue beene formerly liscenced then are nessessary or usefull, you shall acquaint euery such pson that the court will not renew more liscences then are necessary for occasions of the respective places, & those to be comended to their consideration by the selectmen of the Towne, And therefore all such psons are to take notice that they ingage not themselues by making provissions for enter- tainment in expectation of obtaining the renewing of theire liscences, wherein the court will haue respect only to the ne- cessity of the place, the Ancientest most sutable & most orderly houses & ordinary keepers & all others are not to expect to obtaine what possibly they may desire, & alsoe you shall giue notice to the select men that they be carefull & prudent in giueing theire approbation to any or more then necessarye & what they shall certifye under theire hands be after Joynt deliberation at some of there meetings."*
ring were appointed a committee to ask the Salem court for satisfaction for those persons through whose land the Country highway goes in the south field. Copy of the vote made by Samll. Gardner, jr., t clerk.
*Petition, dated June 25, 1678, of the selectmen of Mar- vellhead, Christopher Lattimore,¡ Ambros Gale,t John Mer- rettt and Robart Bartlett,t and of other inhabitants, Richd. Norman, Richd. Reade, Will. Nicke, Sam. Morgan, James Dinnis, James Stilson, John Chin and Richd. Oliver: "wheare as Theare are much Disorders In the towne and the sin of of Drunkneness much Incresed By Reson of ye manifould ordi- naries ore Rather priuate Litienced Houses that there are In The Towne and not only Dis Honouer god god But all soe Henders men of there Employmt and Beeing Intrusted by t Autograph.
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RECORDS AND FILES
1678]
other men for the gaining of a Liuilihood what Theay should paye for To satisfie for there Clothing and prouitions It Is spent In Those priuate Houses whether nither Constable grandiurryman nor Tithingman can Com Nere Them to prvent them and Now our Humble Request Is to Yor Honors That yor worshipes will pleas to tak of those Litiences and that yor worshipes will Not grant any but such as are aLowed By the selecte men Becaues Litienceced Houses Haue keepte this disorder that was tithing man and this Is the HumBle Request of yor Honors Humble Saruants Boath Selectemen and sume of ye Towne Eles."
Petition, dated Salem, June 25, 1678, and signed “Your humble & affectionate servant, John Higginson:"*
"Being credibly informed that there are at this time belong- ing to Salem about 14 Ordinaries & publick drinking Howses, some of them licensed others of them unlicensed, (viz 1. mr Gidny, 2 m' King: 3 Capt. More, 4 Ellin Hollinwood, 5 Jo: Proctor. 6 Nath Ingersoll, 7 Darling, 8 mr Croad, 9 Will: Lake: 10 Edw: Bridges, 11: Gilbert Taply, 12 Fra. Collins, 13. Goodie Kippin, 14 Ruben Guppa. & that there are 4 more yt now at this time desire & endeavour to get approbation or license, viz, 15 John King, 16 John Peas, 17 Sam: Eburn, 18. John Clifford And being set in this place by God & men as a Watchman by office, I dare not but discharge my duty in giving warning agst ye sin of Drunkennes & ye excessive number of drinking howses in this place; & having libertie by law (as title Common Liberties) upon consideration of many things in ye fear of God, I find it to be my duty at this juncture of time to present this information to ye Honoured County Court: That though the continuance of these & ye adding of more may be a gratifying of such as are too much given to drinking, & not so well affected to sobriety law & good order, yet I beleeue it is a very great grievance to ye generallitie of ye church members freemen & sober people of Salem, as well as to my selfe, (& I doubt not if there be need upon enquiry your Worships would find it so,) not seeing how such a multitude of drinking houses can possibly stand with ye law made in 75, for a Reformation of excessive drink- ing under ye title of provoking evils, when it is well known yt till within this few years 2 ordinaries were judged sufficient for Salem, & ye divers of these haue set up since ye making of ye law in 75: & most of them are known to be frequented by town dwellers, to ye great impoverishing of ye town, ye encreas of tipling drinking & company keeping, the dishonor of God, & further provoking of his wrath.
"Therfore it is humbly propounded to ye serious considera- tion of the Honoured County Court, whether by ye Exercise
* Autograph.
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SALEM QUARTERLY COURT
[July
COURT HELD AT SALEM, 24 : 5 : 1678.
Judges: The Worshipfull Samuell Symonds, Esq., Deputy Govr., Majr. Generall Daniell Denison and Maj. Wm. Hath- orne.
Tho. Leighton was sworn constable of Linn.
Blaz Vinton was fined upon his presentment for breach of the peace.
of & emprovemt of your wisdome Integrity Authority or zeal for God, against Sin (according to the forementioned law & as an act of reall reformation of such a provoking evill) whether there may not be a pulling down of all such publick howses as are found upon mature deliberation not to be abso- lutely necessary for ye entertainment of travailers & strangers, & a reducing them to some few wch may be sufficient for yt end, as in former times.
"And in particular yt you would pleas not to license Edw. Bridges, He being not approved by ye most of ye sober people of this place, either for his sobriety, or for his Fidelity to law & good order.
"The Lord giue you the spirit of wisdome & counsell & of ye Fear of God, to make you of quick understanding in ye fear of ye Lord, yt you may doe in this & all things els, as may be for ye glory of God, ye Reformation of growing Evils, ye discountenancing ye Prophanes & encouragemt of Godlines in this place, yt it may turne to your own comfortable account in ye great day of ye Lord."
William Smith and Richard Palmer testified that about two months ago, they came into Edmond Bridges house and called for some cider, having three quarts at 2d. per quart. Also about three weeks ago they were at Bridges and had about four quarts of cider. James Shaw testified that he paid 3d. per quart at that house. Sworn, 4 : 4 : 1678, before the commissioners of Salem.
John Bolorig and Thomas Coates testified that "the last Sabath day at euening was seuen night," being thirsty, he called for a quart of cider at Bridges house, and his girl or the maid brought it. Sworn, 4:4: 1678, before the com- missioners of Salem.
William Smith, having been complained of for drunkenness and Henry West testifying as to his drunkenness and abusive language to the tythingman, and he himself confessing, was fined, May 15, 1678, by the commissioners of Salem. He confessed that he had his drink at Edmund Bridges and that they had about five quarts of cider at 3d. per quart, before Bartholmew Gedney,* commissioner of Salem.
* Autograph.
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RECORDS AND FILES
1678]
Whereas the court's advice was asked about a difference between Will. Curtice, master, and Jacob Preston, servant, about the fulfilling of the indenture of apprenticeship on either part, court advised and they agreed to refer it to the Worshipful Major William Hathorne .*
Whereas upon complaint made by several persons of Mar- blehead for want of a town clerk at Marblehead and not taking forfeits, court gave out an order the last session for the regula- tion of that grievance, and there being a return made to this session by the selectmen of Marblehead, court did not see cause to interfere but left it to the selectmen who are thought to be meet judges.t
Copy of the record of a commissioners' court, 4 : 4 : 1678, at Salem: Edmond Bridges, complained of for retailing cider within doors contrary to law, whereby one was found drunk, was bound over to the next Salem court, with Frances Nurss and Christopher Lattamore, as sureties.
*Copy of the record of a commissioner's court held, 4 : 4 : 1678, at Salem.
Petition of Jacob Preston: "yor poore petitioner haueing bin sometyme an Aprentice vnto Thomas Chandler of An- dover," blacksmith, and by him assigned to fill out his service with William Cortis of Salem according to indenture and orders of the Salem court of July 18, 1676, and having ful- filled the indenture, said Cortis did not perform his part in providing double apparel at the expiration of his apprentice- ship. Said Preston had "come out of his tyme very poore, & hath not wherewithall to goe to Law to recouer his right."
Indenture, dated May 20, 1671, between Thomas Chand- lert of Merrimack, blacksmith, and Jacob (his mark) Presson of Andover, whereby said Jacob, with the consent of Nicolas Holt of Andover, his father-in-law, by the marriage of his mother, and by her consent also, bound himself to said Chand- ler for seven years, from Mar. 26, 1671. Wit: George Abbott, sr.§ and Alexander Sessions.§
¡Petition, dated July 24, 1678, of Christopher Lattomore, Ambras Galle, Rabord Bartlet and John Merrett, selectmen of Marblehead: "Whereas you were pleased to order us to do our duty with Respect to the trespassers upon the Common or giue our reasons for not so doing in answer there to we humbly apprehend our selues not obliged to grant any Warrants for distraining on the estates of such whome thay Call delinquents in that we had no such instruction from the Town when we ware chosen to grant or signe any such warrants and att # Autograph and seal. § Autograph.
74
SALEM QUARTERLY COURT
[July
William Ferryman, complained of by his master Nathll. Wallis, for disorderly carriage in his service and running away, was sentenced to serve his master Wallis half a year longer than he was first bound for .*
In answer to a petition presented by several persons sub- scribed as proprietors or commoners in Salem complaining that some of their common land had been alienated by the selectmen, the court advised that there was no other way to right their wrongs but by civil action.t
this time are but four, one of whome is really a freeman and one other only allowed by the County Court to act as a free- man, and the out side Fence also lying downe: we are Ex- ceedingly oppresed by other towne Cattell Coming in upon us and do therefore Judge it unreasonabell to punish our owne poor neighbours when Strangers go scot-free; the pen- altys Raised being att all times such as we neuer found ad- uantagious to the town in generall we Request therefore your direction in the afore said Case," etc.
*John Basse, aged about thirty-one years, deposed that he had been on a fishing voyage with Mr. Nathaniell Wallis from the last of January, in a boat with said Wallis and his man, William Ferryman, until the latter ran away from his master. During all that time they had sufficient provisions and unless business prevented, they always had three meals a day when every man might have eaten to his full satisfaction. De- ponent had seen his master strike Ferryman, but the first time was because his master commanded him to boil the pot and he refused, and afterward it was because of abusive words to his master. Furthermore, Wallis had told him that if he would but be a good servant and do his duty, he would give him a year of his time. Deponent had been in voyages with said Wallis and never heard anyone complain of lack of food. Sworn in court.
Nathaniell Wallis' bill of cost.
John Wallis, aged about twenty-two years, deposed that he had been two fares fishing this summer with his father Nathaniell Wallis, John Basse and William Ferrie Man, etc. Sworn in court.
¡Petition, dated Salem, 26: 4 : 1678, of Nathaniel Putt- man, John Puttman, Thomas Rootes, John Dodge, Henry Kenny, John Foster, sr., James Symons, Abraham Warren, Nicholas Hayward, Joshua Ray, George Harvey, John Hill, Henry Traske, William Traske, Joseph Boys, sr., Samuel Verry, Robert Pease, sr., Samuel Ebborn, sr., Nathaniel Felton, sr., John Rowden, John Pease, sr., John Tomkins, sr., Edw. Beecham, John Reeves, Tho. Flint, in town, Richard
75
RECORDS AND FILES
1678]
Adams, Tho. Cole, Richard Croade, John Williams, Jno. Burton, sr., Nath. Sharpe, Tho. Cooper, Daniel Southericke, Tho. Maule, John Traske, Anthony Buxton, Thomas Brackett, Samuel Gaskin, Jno. Smith, Jno. Small, Jeremiah Meecham, Allexander Orsburne, Isack Meecham, Joshua Buffum, Henry Skerry, sr., Francis Skerry, Henry Skerry, jr., Robert Stone, Edward Bush, Mathew Dove, Andrew Woodbery, Joseph Phippenny, sr., William Lord, Jacob Barney, Thomas Crum- well, Thomas Robbins, Mathew Price, John Clefford, Isack Williams, Daniel Rumball, Jacob Puddeater, Steephen Has- kett, Reuben Guppy, Frances Collens, John Ingerson, sr., Richard Hide, Joseph Williams, Edward Woollan, John Mas- sey, Thomas Oliver, Richard Hutchison, James Hadlocke, Joseph Pope, Ezekiel Cheever, Richard More* and Thomas Jeggells :* "Being proprietors of ye Commons of Salem accord- ing to a Law Intitaled Towneship priviledges made in ye yeare 1660 wherein was Impropriated all commons in particular Townes to the then erected howses; wee haueing suffred or neighbors to make use of ye Common as orselues & that hath not satisfied them but much of or Commons hath bin some sold out right & others Leased out for a Thousand yeares to or greate griefe and damage, Therefore or humble petition to this honord Court is that they would be pleased to sett us in some orderly way whereby wee may preserve what we yett enjoy & help if it may be to recover what is gon. We Intend that in speciall wch hath bin disposed of within these Two last yeares past by the then Selectmen, Some of whom had noe propriety with us & noe humble desire thus to be under- stood that we aime not nor sue for particular Impropriation of ye commons to orselues but that they may remayne & stand in ye same station originally Intended for."
"Wheras Thomas Olliuer on the 20th day of this Instant month of June proclamed through the Streets of Salem towne as followeth: viz we whose names are under written desire you to publish in euery Street of the towne that the Majr part of such as are propriators in the Comage of the towne of Salem According to A law made 1660 Intitled Township prueledges, haue Appointed to meet the last day of this weeke in the meeting house about 10 of ye Clock in the morning to order their preueledg as they shall See Cause which was Signed with ye names of nath Putnam Jnº Putnam, Jnº Dodge, Wm Curtice, Nath. Sharp, Jnº Waters James Simonds Jnº Ingersoll, Nicks Haward & Jno. Forster Dated June ye 16, 1678. The Select men of Salem meeting together to Consider of the abouesd premises: doe declare that they Judge that their proceedings of this nature is verey Eregular, Ellegall & tends much to the disturbance of ye peace & quiet of this
* Autograph.
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SALEM QUARTERLY COURT
[July
Upon complaint of the Worshipful Maj. Hathorne and the selectmen of Salem concerning the public warning of a meet- ing of the commoners of the town by Tho. Oliver by order of several persons undersubscribed to the paper given him to publish in the streets of Salem, most of the persons appearing and not disowning it, court ordered that the pub- lishing of the writing was altogether irregular and tending to much disorder and confusion, also highly offensive, yet it being the first offence, they were admonished.
John Putnam, Nathanll. Putnam, James Symonds, John Dodg, jr., and Nath. Howard appealed and were bound to the next Court of Assistants.
John Ballard, late constable of Linn, for letting one com- mitted to him by Major Hathorne escape, was fined.
Martin Hall's wife was fined for fornication.
Upon approbation of the selectmen of Salem, court allowed Mr. [John. - Waste Book.] Gedney, Mr. [Daniel. - Waste Book.] King and Capt. [Richard. - Waste Book.] More to
towne, & therefore doe desire & Require all those that are Conserned in this present Intended meeting to forbare Com- ing together In Such an Eregular & disorderly way. Salem 21 : June 1678 pr John Higginson,* pr the order and in the name of the Select men.
"I doe fully aproue of this of ye Selectmen & doe require all to for beare this unlawfull meeting as they will answer it at their outmost perrill p me Wm. Hathorne,* Assist. Dated 21 : 4 mo. 1678."
John Nicols testified that there being arbitrators chosen to end a difference between Richard Adams and Bray Wilkins and John Nicols and Hennary Wilkins, the arbitrators chose a fifth man to whom deponent objected and he asked Edmond Bridges to speak to the arbitrators to have a more indifferent man appointed. Deponent said he was as much concerned in the case as his father Wilkins or father Nicols, for he was bound with his fathers to old Goodman Adams.
The selectmen's bill of cost, 2li. 4s.
Bill of cost of Nathanell Putnam.
Summons, dated 28 : 4 : 1678, to Corporall John Putnam, Nathaniell Putnam, John Ingerson, James Symonds, John Waters, Nathanill Sharp and William Curtice, to appear for having a hand in the publication of a paper in Salem streets irregularly, signed by Hilliard Veren,* cleric, and served by
* Autograph.
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RECORDS AND FILES
1678]
keep ordinary and draw wine as formerly, and no others, only Gilbert Tapley was allowed to sell one-penny beer .*
Upon approbation of the selectmen of Marblehead, court allowed Mr. Ridan, Richard Norman and Mr. Lattamore to keep ordinary and draw wine as formerly.t
Daniell Cleark of Topsfeild, Nathaniell Ingerson and Georg Darling had their licenses renewed.
The return of the men appointed to lay out the highway between Salem and Reding was allowed .¿
Giles Coree, for suspicion of firing John Proctor's house, was dismissed, on condition that he produce evidence, which
William Curtis,§ constable of Salem, who summoned all except John Waters.
*Jno. Curwin,§ Phillip Cromwell,§ Richd. (his mark) Leach and Edward Flint,§ selectmen, on July 19, 1678, returned to the court the following names as suitable persons for the keeping of public houses of entertainment, Mr. Gidny, Mr. King, Capt. More, Sergt. Lake, Mrs. Hollingworth and Mr. Croade.
tAmbros (his mark) Galle, Crestafor Latamor,§ Robart Bartlett§ and John Merrett,§ selectmen of Marblehead, on June 28, 1678, petitioned the court "that Insint norman may Contenu for to kepe a hous of entartainment . . . for wee doth not know of any desorder that hee doth alow of in his hous."
įReturn of the lay out, dated July 23, 1678, signed by John Hathorne,§ Eleezer Giles,§ John (his mark) Peirson, sr., William Bassett,§ John Westong and [Mathew] Edwards:§ "Begining at Brooksbey or the Butts brooke haue layde out foure pole Broad through Salem Bounds itt being the Same waye formerlye layd out & now made use of Betweene Salem & Redding; And through lyn bounds wee pass Alonge throught part of mr Nedams Farme & soe through part of Majr Rayns- burough playne leaueing the High wayes to the Meddowes (Called by him ye Countrye meddows) on the Right hand soe paseing Right on to Welmans; leaueing Welmans house & feild on ye Right hand soe Right to the Riuer or brooke; Caled formerlye Saugust River wch is the Riuer or brooke that is the Bounds betweene linn & Redding Towne: this Roade Also through linn Bounds wee layd out foure pole Wide And from the Abouesd Riuer or brooke wee layd out the waye into Redding Towne Untill wee Come to Andiver Country Roade which Runns by Hannanya Parkers wee Aproueing of & laying out the Same Roade into Redding
§ Autograph.
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SALEM QUARTERLY COURT
[July
he claimed he had, that he was at home all night that night .*
Mary, wife of John Heard, was granted a divorce on the grounds of insufficiency, he having left her contrary to court's order, unless he return within a month.
William Lake, having laid in provisions whereby he was much indebted and not having his license renewed, court granted liberty to him to continue his former license until Mar. 2 next, but he might not expect to have it afterwards.
The servants of Mr. Gidney's house were allowed 6s.
Ambross Gale of Marblehead was appointed administrator of the estates of three men, who were drowned in the winter of 1677, William Pearce, Denis Bartlett and Robert Pike, and he brought in an inventoryt of their estates, which were to be settled at the next court.
Towne that formerlye was & now is made use of; layeing out this Roade Alsoe into Redding Towne foure pole broade."
*Warrant, dated July 24, 1678, for appearance of Gilles Corre, signed by Daniel Denison.±
tInventory of the estate of William Pears, deceased, taken Apr. 29, 1678, and allowed, 25 :5 : 1678, in Salem court: 105 lb. of pork at 3d. p l., 1li. 6s. 3d .; 1 gun, 1li .; 1 felt hatt, 4s .; 2 paier of shoos, 7s .; 1 Corsie Coat, 1li .; 1 Jackett and Briches, 1li. 3s .; 1 Coat, 12s .; 1 paier wosted stokins, 5s .; 1 paier striped briches and a paier of old drawers, 5s .; 1 whiet shirt, 1 blew ditto, 1 paier drawers and on neckloth, 12s .; 1 lien and half, 4s .; 1 bedsak, 6s .; 3 1. of shott, 14 hooks, a ball of twien, 2s. 6d .; 1 Chest, 8s .; 1-8 of hundred bred, 2s .; 7 bbs. of mackrell sent to barbados by Robert Coks, 5li. 5s .; total, 13li. 1s. 9d. Debts: to Ambrose gall, 2li. 9s. 7d .; James Stilson, 1li. 4s .; John Chine, 14s. 8d .; John Furbush, 1s. 4d .; 3 cord of wood and 100 C bread to Sam Morgan, 1li. 17s. 6d .; Robert Cox, 3li .; Christopher Lattamore, 16s. 6d .; Robt. Cox, 1li. 10s .; more, about 15s .; total, 12li. 3s. 11d.
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