Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7, Part 9

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 9


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Inventory of the estate of Denis Bartlott, deceased, taken Apr. 29, 1678, and allowed 25 :5 : 1678, in Salem court: 1 suett of Cloth Cloas, 1li. 2s .; 2 paier of striped briches, 1li. 2s .; 1 Cloth Coat, 15s .; 1 Red wastkott with silver lases, 15s .; 1 Red wastkot, 7s .; 1 shirt and a paier of old drawers, 8s .; 2 long neckloth and hankercher, 8s .; 2 French liens, 7s .; 5 dozen 1-2 of Codhooks, 13s. 9d .; 2 paier french fall shoes, 11s .; parsill of wostid and a paier of wosted stokins, 8s .; 1 Cabin Rug and old bedsack, 9s .; 1 old Coat and Briches,


# Autograph.


79


RECORDS AND FILES


1678]


Theophilus Baily, Richard Norman, Hugh Lattamore and Capt. Richard More had their licenses renewed to keep ordi- nary for the year ensuing.


Steephen Haskett, Mr. John Higgenson, Mr. Moses Maver- ick, Mr. Wm. Browne, jr., Capt. John Corwin, Mr. John Gedney, Mr. Timothy Lindall and Mr. Bowditch had their licenses renewed for selling strong water.


Samll. Shattock and Richd. Rease had licenses granted for selling strong water for the ensuing year.


John Nurss and his wife, presented for committing fornica- tion before marriage, were fined 6li .*


Phillip Cromwell, presented for swearing by the name of God, was dismissed.t


5s .; 1-8 of a hundred of bred, 2s .; total, 7li. 12s. 9d. Debts: to Ambros Gall, 5li .; John Furbush, 3li. 4s. 6d .; Richd. Read, 15s .; John Chinne, 8s. 6d .; Grigory Codner, 2li. 15s. 9d .; Robert Cox, 1li. 10s .; Samuell Morgan, 5s .; Christopher Lattamore, 1li. 7s. 7d .; total, 15li. 15s. 4d.


Inventory of the estate of Robert Pek, deceased, taken Apr. 29, 1678, and allowed 25: 5 :1678, in Salem court: hooks, Leins and leads, 10s .; 1 old Cloth Coat and stuff briches, 12s .; Cloth Coat, 1li .; 1 hatt, 2s. 6d .; parsell of old hooks and 1 led, 5s .; 1 old shirt, 1 paier drawers, 2 old neck- loths, 4s .; 1 old pillow and bed sak, 5s .; 1 old Chest, 4s .; one gun, 10s .; total, 3li. 2s. 6d. Debts: to Ambrose Gall, 4li. 10s. 11d.


William Peerse, debtor to Cr. Lattomor, 16s. 6d.


Denes Bartlot, debtor to Cr. Lattomor, 1li. 7s. 7d.


*Summons, dated 10 : 5 : 1678, signed by Hilliard Veren,} cleric, and served by Joshua Rea,¿ constable of Salem Farms. Wit: Eliza. Buxton, Mary Joanes and Eliza. Cook.


+Wit: Richard Bryars and Nathanll. Pickman, jr.


John Massey, aged about forty-seven years, deposed that Richard Bryar came to his house the first day of Ipswich court, 1678, and said that, although Crumwell would not buy his bullock, he had sworn before Mr. Batter that Cromwell swore an oath.


Sarah Massey, aged about thirty-eight years, deposed that Bryar was much in drink, etc.


Hanna Wels, aged about twenty-five years, testified that Bryar came to her brother Massey's house, etc.


Richard Briers, aged about thirty years, testified that as he passed along the street Mr. Philip Cromwell asked him where # Autograph.


80


SALEM QUARTERLY COURT


[July


Edmond Bridges, presented for affirming an untruth or lie several times, was dismissed, it not being legally proved .*


Richard Croad, presented for selling wine and rum, was fined.+


Frances Collens, presented for selling two-penny beer with- out license, was fined.}


his oxen were. He answered, at Brown, the glazier's. Then said Cromwell, being angry, "by God will you not shew mee ym & ye said Briers answered him do not sware." Sworn, 26 : 1 : 1678, before Edmund Batter,§ commissioner.


Nathaniel Pickman, jr., aged thirty years, deposed that he heard Cromwell swear that he would not take old Brinne's pay, etc. Sworn, 8 : 2 : 1678, before Edmund Batter,§ com- missioner.


William Reeves, aged about thirty-three years, testified that the day before the last Ipswich court, being at Isack Williams' door, his master, Mr. Phillip Cromwell, desired him to go along with him to look at an ox at Sall. Browne's house. One Briars went with them, who was going through the land which led to Browne's house toward Mr. King's house, etc.


*Wit: John Putnam, John Pickerin, sr. and Manases Mas- tone.


+Wit: Edward Bridges and Sarah Bridges.


Thomas Coupar testified that several times the past winter he had seen Indians go sober from him into Mr. Crod's house and as he came out of town he had seen the same Indians drunk at Mr. Crod's house. The very same Indians came up to their house and made a great disturbance, so that they were obliged to lock themselves in.


Josiah Bridges testified that last frostfish time, he was invited into Mr. Crod's house and saw an Indian drink rum or brandy and cider, the Indian paying Crod for it. Also in September last he drank sack and rum there, paying for the wine by the pint and the rum by the gill. One night while he was there, there was music and dancing when it was pretty late, etc. Sworn in court.


Wit: Mr. Edmund Batter and Charles Gott.


Petition of Francis Collins: that in all the years he had been an inhabitant of Salem, he had tried to serve both coun- try and town, but lately being aged and having a charge of children to maintain, he and his wife brewed some beer for vessels, also penny beer. Mr. Bartholomew, the customs master, demanded customs of him, which he paid, and thinking it no wrong sold also strongwater. He petitioned that his fine might be remitted.


§ Autograph.


81


RECORDS AND FILES


1678]


Henry West and John Norton, presented for swearing to what was fallacious, were admonished .*


Edmond Bridges, presented for unfaithfulness in receiving ten shillings of Ben. Mazure to plead his case and then did not, was admonished.t


William Hoare, presented for himself and son Samuell neglecting the public ordinances, was admonished .¿


Benjamin Ireson, presented for pound breach, was fined, and a part of the fine respitted.


Order to the selectmen, constables and tithingmen of Salem, Lin and Marblehead: that court had allowed to keep ordinary for Salem, Mr. John Gedney, Capt. Richd. More and Mr. Daniell King; for Marblehead, Mr. Riddan, Richard Norman, and Mr. Lattamore, and for Linn, Theo. Bayly and Capt. Tho. Marshall; they were to report to court all others who should presume to sell wine, beer or cider without license.


*Wit: Edm. Bridges, Sarah Bridges and Mathew Price.


+Edmond Bridges accepted a fee of 10s. as attorney in an action against Ben. Mazure who was absent at sea, but at the trial did not speak a word for him. Upon an appeal from the judgment of the court in the same case, he became attorney for the opposing party, Phillip English, and proceeded against said Mazure. Wit: Hen. Skerry, jr., James Browne, Walter Fairefeild and Laurance Mazure.


Summons, dated 3 :5 : 1678, signed by Hilliard Veren, § cleric, and served by David Phippen, § constable of Salem.


Benjamin (his mark) Masere, of Salem, on July 10, 1678, having formerly made James Browne of Salem his attorney to prosecute against Edward Bridges of Salem, before the last commissioners' court, said Bridges appealing, acquitted said Bridges, etc. Wit: John Cromwellg and David Phippen.§ ¿Wit: Joseph Rootes and John Lovet, jr.


John Lovet, jr., deposed that they did not go to meeting when at home and in health, and also went walking abroad when meeting was over.


Venire, dated 15 : 3 : 1678, for Marblehead grandjuryman and trial jury men, signed by Hilliard Veren,§ cleric, and served by Wm. Wood,§ constable of Marblehead, who returned the name of John Peach, jr., for the jury of trials and James Dennis for the grand jury.


Summons, dated July 3, 1678, to Thomas Chick, for up- braiding John Grover for praying in his family and for taking said Grover by the neckeloth and threatening him, and as


§ Autograph.


82


IPSWICH QUARTERLY COURT


[Sept.


COURT HELD AT IPSWICH, SEPT. 24, 1678.


Judges: Sam. Symonds, Esq., Dep. Govr., Major Cenrll. Daniell Denison, Esq., Major Wm. Hathorne, Esq.


Grand jury: Mr. Wm. Cogswell, Thomas Clarke, Sam. Ayres, Antho. Potter, Wm. Story, James Jackman, Rich. Bartlett, Ben. Rolfe, Abr. Reddington, John Tod, Richard Holmes, Jo. Redington, John Marston and John Simmons.


Jury of trials: Tristram Coffin, John Burnam, Jo. New- marsh, Joseph Safford, Tho. French, Nicho. Wallis, John


some spectators judged, might have strangled him if he had not been rescued, also for calling him rogue, signed by Hilliard Veren,* cleric, and no return made. Wit: John Grover, John Trask, jr., and Tho. Partor.


Summons, dated July 3, 1678, to the wife of Mathew Tay- lor, for her lying about a petticoat, which upon suspicion was stolen from Peeter Woodbeyre by her husband, and when she was asked where she got it, she said of John Raiment, sr., and he denying it, she was asked again by the wife of John Dodg, sr., and she said she had it of Ephraim Herrick's wife and gave three bushels of corn for it, which she told to John Sampson, constable, but Herrick's wife denied it; signed by Hilliard Veren,* cleric, and no return made. Wit: Mary, wife of Ephraim Herrick, Mary, wife of John Herrick, Sara, wife of John Dodge, sr., John Sampson and Peeter Woodbery.


Venire, dated May 21, 1678, for seven Salem trial jurymen, signed by Hilliard Veren,* cleric, and served by David Phipen,* constable of Salem, who returned the names of Mr. Timothy Lindall, Mr. John Ruck, Mr. Tho. Gardner, Corporall Jon. Putnam, Ed. Grover, Manasses Maston and Eleazer Giles.


Venire, dated 15 : 3 : 1678, for Wenham, one grand jury- man and one trial juryman, signed by Hilliard Veren,* for the court, and served by Samuell Kemball,* constable of Wenham, who returned the name of Richard Hutten for the jury of trials.


The clerk's trial list, with the jury's verdicts.


Writ: Phillip Welch v. Robert Bartholet; for abusing and dragging him out of his own house about a fortnight since; dated May 15, 1678; signed by Daniel Denison ;* no return made.


Executions against John Codner and Peter Harlin.


Thomas Laughton, for the selectmen of Lyn, on 20 :4 : 1678, petitioned the court that Clement Coldum be allowed 40s. for work done on the county bridge in that town, his bill having been lost.


* Autograph.


83


RECORDS AND FILES


1678]


Emry, Tho. Hale, Thomas Tenny, Joseph Boynton, John Com- ings and Henry Ingalls.


Mr. Phillip Nellson v. Thomas Leaver. Defamation. Verdiet for plaintiff. The defendant was to pay a fine or make acknowledgment in court and at the next lecture day at Rowley immediately after the exercise, according to the nature of the offence. Appealed to the next Court of Assis- tants. Defendant bound, with Thomas Leaver, jr., and John Pearson, jr., as sureties .*


*Writ, dated Sept. 17, 1678, signed by Robert Lord,t for the court, and served by Jeremiah Elsworth,f constable of Rowley.


Bond, dated Sept. 17, 1678, for appearance of Thomas Leaver, sr., f with Thomas Tenny, sr., f as surety.


Thomas Leaver's bill of cost.


Phillip Nellson's bill of cost, 1li. 12s. 4d.


Tho. Leaver'st acknowledgment, dated Aug. 18, 1678, to Mr. Philip Nelson: "thes is to mind you that ther haueing falne out speach between you and I not longe since not comfor- tabl this I say conserneing the substance theroff: that your last speaches at our gate was troublsome to me: & to my under- standing dishonourabl to god & tended to some degree of blas- phemie: now if I did then or any time sence express my troble in too harsh or high words as is very posible I might I dis- aproue & desalow of them and all of them & condemne myself for them as euil words and not meet to be spoken on that ocation: specially to you & am sorry for them as far as I can remember any of them & intreat you to pardon the same for I am really greved that I could manage that mater no more purely seeing it was in gods behalf not my owne."


Thomas Leaver'st additional acknowledgment, dated Aug. 30, 1678, to Mr. Philip Nelson, the previous one having been made in the presence of Ezekiel Northend and Thomas Woodi: "I say that I doe repent that I used ye word blaspheme in my speach to you: without that explecation and indignation men- tioned about the begineing of the writeing afforesaid. 2ly: I acknowledge my erour in telling the speaches to any before I had according to rule debated the mater with you alone. and both have don and will vndoe the same as farr as acknowlidg- ment of my falt will reach to those to whom I spoke them & if yet you be not satisfied tell me by word or writting wherin I fall short of the rule & I will endeuer to aplie myself therunto according to my best light."


John Aeye, aged about forty years, and Andrew Hiddin, + Autograph.


84


IPSWICH QUARTERLY COURT


[Sept.


Samuell Ayres v. John Pengilla and Joseph Jacob. Appeal from a judgment of the Worshipful Deputy Governor. Ver- dict for plaintiff, reversing the former judgment .*


aged about fifty-five years, deposed that being in the country road in Rowley they heard Leaver acknowledge that he had charged Nelson with blasphemy. Sworn in court.


Thomas Leaver, jr., aged about thirty years, deposed that near their door, he heard his father say to said Nelson, "Sir may not you be deceiued, to which the said mr Nelson re- turned this awfull answer god is not in heaven if I be deceiued & soe he departed away." Sworn in court.


John Tod, aged about fifty-seven years, deposed that after the discourse between Leaver and Nelson in the street about Thomas Burkbee's barn not far from the town end, said Leav- er told him that he heard that Andrew Hiden would witness against said Leaver, etc.


Thomas Leaver, sr., said that Nelson talked with him near his house about 15li. that was, as he said, unjustly detained from Mistress Rogers about seventeen years ago which said Nelson supposed was paid by the town and kept in some men's hands. He especially hinted at Deacon Jewit and the Rev. Mr. Samuel Philips, etc. Mary, wife of Thomas Leaver, sr., affirmed the same.


* Copy of this action tried, July 20, 1678, before Samuel Symonds,t Dep. Governor:


Writ: Samuel Eyers, jr. v. Joseph Jacob and John Pengilly; trespass, for filling up his ditch which was made to secure his corn against hogs, whereby the corn field was open to the com- mon for hogs and other creatures; dated July 15, 1678; signed by Robert Lord, for the court; and served by Robert Lord, marshal of Ipswich. Bond of John Pengilly and Joseph Jacob.


Nathaniel Hely testified that he saw Joseph Jacob fill the ditch.


Ephraim Fellowes and Samuel Fellows testified.


Isack Fellows testified that he let to Samuel Ayers his part of the farm for four pounds per year.


Ephraim Fellows, Joseph Fellows, and Nathaniel Sampson testified.


John Chott and Jonas Gregory testified that the ditch in controversy was within the bounds of the farm which John Andrews sold to William Fellows, and that they fenced in the outside of the ditch about twenty-seven years ago for said Andrews.


Thomas Jacob and Samuel Ordaway deposed that the land where the ditch was dug was Nathaniel Jacob's.


¿ Autograph.


85


RECORDS AND FILES


1678]


Mr. Timothy Lindall v. Thomas Blashfield. Debt. Ver- dict for plaintiff. To be paid in dry fish .*


Benjamin Marshall v. Mr. Jonathan Wade, Capt. John Whipple, Ens. Thomas Burnam, Deacon Moses Pengry and Mr. Tho. Wade. Withdrawn.


Thomas Borman v. Samuell Hunt. For mowing his land. Verdict for defendant.t


Samuel Symonds'# judgment for defendant.


Samuel Eaireses bill of costs, 1li. 6s. 6d.


Sammuell Ayers, jr.'s,¿ reasons of appeal, dated Sept. 18, 1678. Ardway is mentioned as a stranger. Appeal received, Sept. 19, 1678, by Samuel Symonds,# Dep. Governor.


Answer of Joseph Jacob# and John Pengillyt to Samuell Ayeres' reasons of appeal.


*Writ, dated July 8, 1678, signed by Hilliard Veren,# for the court, and served by Henry Skerry,# marshal of Salem, by attachment of a table, chair, land and house of defendant, summons being left with his wife.


Letter of attorney, dated 23 : 7 : 1678, given by Timo. Lindallt to Philip Fowler, jr. Wit: Robert Lord,¿ marshal, and John Barry.}


Mister Lindale's bill of cost, 1li. 9s. 4d.


Tho. (his mark) Blashfield acknowledged, March 29, 1678, that he owed Timo. Lindall 11li. 17s. 11d. in dry fish at Winter Island. Wit: Sarah Burell .¿ Sworn, 23 : 7 : 1678, before Wm. Browne, commissioner.


+ Writ. Thomas Boarman v. Samuell Hunt, sr .; for mowing his land, and making void the title of part of his land by the town river near Labor-in-vain creek; dated Sept. 19, 1678; signed by Robert Lord,# for the court; and served by Nath- anill Rust,¿ constable.


There were granted to John Perkins, jr., six acres of planting ground beyond John Maning's house lying between Francis Jordan on one side and Thomas Hardy on the other side. Also six acres of marsh on Labor-in-vain creek, having Mr. Bartholmew on one side and the great river on the other. Copy from the town book of Ipswich, Sept. 19, 1678, by Robert Lord,# cler.


Samuel Hunt's bill of cost, 1li. 1s. 6d.


Agreement, dated June 30, 1676, by Margett (her mark) Bourman,§ wife of Thomas Bourman, deceased, who was left half the farm by her husband's will, that her son Thomas Bourman should use and improve the farm, he paying to her 8li. per annum and agreeing to provide diet for her during her life. Wit: Jacob Bennett# and Mary Kinsman.}


# Autograph.


§ Seal.


86


IPSWICH QUARTERLY COURT


[Sept.


Deed, dated Mar. 22, 1650, given by Mathias (his mark) Button * of Ipswich, fisherman, who in exchange for eleven acres of land, sold to Thomas Borman of Ipswich, cooper, 9 3-4 acres on the south side of the river near Labor-in-vain creek, bounded by William Goodhue on the west, the river on the north, and the marsh of Thomas Perkins on the east and south. Wit: Robert Lord and Mary Lord.t


Benodict Pulsepher deposed that he had been in the town nineteen years and had gone up and down the river more than most men and Goodman Riding and his son Hunt always mowed the marsh yearly. Sworn in court.


John Perkins, sr., deposed that the marsh that was granted to him, he sold to his brother Tho. Perkins, etc. Sworn in court.


Elizabeth Hunt, aged upward of forty years, deposed that her father Joseph Riddings, in his lifetime, and her mother, since his death, had mowed it without legal opposition for about twenty-six years. Sworn in court.


Samuel Hunt, sr., aged about forty-six years, deposed that about seven or eight years ago Thomas Borman cut some grass there and cocked it up ready to carry away, and deponent's father-in-law desire him to take his canoe and take it away, which they did. Sworn in court.


Daniell Boarman deposed that he saw Matthyus Button deliver a parcel of land to his father Thomas Boarman about 1650, adjoining the land that is now Goodman Daines on the west and land that is now Goodman Newmarches, formerly Tho. Perkins' on the south and east, to a place that deponent's father made to go over labor-in-vain creek to his Island, and so along by the town river to Doctor Daine's land. Sworn, Sept. 20, 1678, before Daniel Denison.t


Quartermaster Perkins deposed that all the marsh from above the islands in the marsh along the creek to Ipswich river, was granted to him above forty years ago when Mr. Win- throp was an inhabitant in that town, which was the first grant in that field. Sworn in court.


Richard Car deposed concerning mowing the marsh for his master Perkins. Sworn in court.


William Hogskins deposed that he lived with Quartermas- ter Perkins above thirty years ago, etc. Sworn in court.


John Newmarsh, sr., testified that he had worked at the creek ever since he bought his marsh of his brother Tho. Perkens which is about twenty years, etc. Sworn in court.


Annis (her mark) Readding certified, Sept. 23, 1678, that the land in controversy was her husband's and hers for thirty years, etc. Owned before Daniel Denison.t


* Autograph and seal.


t Autograph.


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.


87


RECORDS AND FILES


1678]


Ephraim Fellows, Joseph Fellows and Samuell Fellows, administrators of the estate of Wm. Fellows, and Isaack Fel- lows, for himself v. Nathaniell Jacob. Verdict for defendant .*


Jonathan Wade, aged about sixty-four years, testified. Sworn in court.


John Newmarsh, jr. and Zackeas Newmarsh deposed. The land in controversy lay in their way as they went to their work, etc. Sworn in court.


Margaret Boarman and Mary Kinsman, both of Ipswich, deposed. Sworn, Sept. 23, 1678, before Daniel Denison.t Johanah Fellowes deposed that her father, Thomas Boar- man, etc. Sworn, Sept. 23, 1678, before Daniel Denison.t


Daniel Boarman and Lewis Zackaria deposed that Hunt said to Borman, "Get you off of my land you Rogue," and ran at Boarman with a fork several times. Said Boarman, "You had better try the title to the Land another way," etc. Sworn, Sept. 20, 1678, before Daniel Denison.t


Daniel Hovey, aged sixty years, deposed that living in the house of Goodman Buton at the time of the earthquake in June forty years since and being at that time at work with him in his planting lot at the place called Button's point, etc. He paid Tho. Perkins two sheep or lambs for the land when they were at a high price. Sworn in court.


* Writ: Ephraim Fellows, Joseph Fellows and Samuell Fellows, administrators of the estate of Wm. Fellows, and Isaack Fellows, for himself v. Nathaniell Jacob, executor of the estate of Richard Jacob; for driving cattle over and put- ting them upon their land, which is part of the farm that Corpll. John Andrews sold to their father, Wm. Fellows; dated Sept. 17, 1678; signed by Robert Lord,t for the court; and served by Robert Lord,t marshal of Ipswich, by attach- ment of a house of defendant.


Nathaniel Jacob's bill of cost.


Copy of deed, dated Feb. 16, 1659, given by John Andrews of Ipswich, yeoman, and wife Sarah, for 300li., to Wm. Fellows, husbandman, his farm on the south side of the Ipswich river, bounded by Mile brook on the west, Mr. Saltonstall's forty acres on the northwest, the common on the northeast and southeast, land of John Fuller and Walker's swamp on the south, with houses, barns, stables, orchards, etc .; also 20 acres of meadow in Chebacco, bounded by land of widow Haffield on the southwest, John Andrews, sr., on the southeast and east, a great creek on the north and northwest; also 6 or 8 acres in Hog Island Marsh, bounded by marsh of Edward Bragg on the northwest, a creek on the southwest which separates Mr.


t Autograph.


88


IPSWICH QUARTERLY COURT


[Sept.


John Appleton's marsh from this marsh, land of Thomas Lee on the southeast, the southeast end butting toward Chebacco river. Wit: James Chute and William Wild. Acknowledged, Feb. 17, 1659, before Daniell Denison. Copy made by Robert Lord, t recorder.


John Low, aged about forty-three years, testified that when Corporal Andrews lived upon the farm which the Fellowes now live upon, he told deponent that Sergeant Jacob had improved a parcel of land of his which he had given him liberty to do, etc. Sworn in court.


Samuell Gidings and Samuell Ayers deposed that they saw some cattle which Joseph and John Pengillie were driving over the land in controversy and they said Nathaniel Jacobs gave them leave to do it. Sworn in court.


Deed, dated July 14, 1659, given by Robert Lord, I attor- ney to James Brading, 414 acres, 13 rods of land which had been taken by execution from John Andrews, to Richard Jacob of Ipswich, which was a part of said Andrews' farm, bounded and delivered by the marshal Edward Browne, "from a stump of an old post wch was somtymes deviding betweene Land belonging to Richard Saltingstall essquire and the sayd John Andrews downe to the River by Richard Jacobs Bridge haueing other land of the sayd John Andrews being swamp toward the west the Land of Mr Saltingstall comonly knowne by the name of forty acres towards the North & soe from a stake sett by a burnt tree downe to the fence haueing other Land of the sayd John Andrews toward the East and the sayd fence toward the south Haueing alsoe a highway of a rode and halfe broad lye- ing through it." Wit: Richard Kenct and John Aires.+ Ac- knowledged, July 14, 1659, before Daniel Denison.}


Jonas Grigery deposed that he had been in the country about twenty-six or seven years and made hay on the land in controversy before he ever heard of Sergeant Jacob's desire to buy the land for a drift way. Afterward, when deponent's master Andrews refused to sell it, he allowed him to cart over it until he broke the conditions, when Andrews took up his ax and said that he would cut down the bridge. Sworn in court.


John Chott and Jonas Gregory deposed that they fenced in the farm on the outside of the ditch now in controversy, about twenty-seven years ago. Sworn, July 20, 1678, before Samuel Symonds, t Dep. Governor.




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