Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8, Part 17

Author: Massachusetts. County Court (Essex County); Dow, George Francis, 1868-1936; Massachusetts. Inferior Court (Essex County)
Publication date: 1911
Publisher: Salem, Mass. : Essex Institute
Number of Pages: 515


USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 17


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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Charles Gott and Jno. Rayment testified that they judged the land which Isaac Hull, jr., recovered of Walter Fairfeild, with the use of the trees upon it, worth 3li. the past year, and they would have given it if they had the same improve- ment that Ezekiell Woodward had. Sworn in court.


Walter Fayerfield,# on Nov. 30, 1680, assigned his interest as executor in the estate of John Solart, jr., to Isaac Hull or his attorneys, Isaac Hull, sr., and Nehemiah Jewett. Wit: Steven Mighillt and Samll. Morgan.t


Walter Fairefeild owned in court at Salem, 30 : 9 : 1680, that he let the land of John Solart, jr., to Ezekiell Wood- t Autograph. # Autograph and seal.


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ward, from day to day. Copy made by Hilliard Veren,* cleric.


Agreement, dated 31 : 1 : 1679, between Ezekell (his mark) Woodward and Walter Fayerfield,* executor of the estate of John Solort, deceased; they chose Captain Thomas Fisk, Charles Gott and John Batchelder, all of Wenham, to appraise and lay out the land belonging to the homestead, where Ezekiel now dwells, according to the price in Solart's in- ventory, at 75li., which is the remainder of Solart's portion given him by the Ipswich court in September, 1672; Ezekiel gave bond to deliver it to Fairefeild and the latter was bound to give Woodward a receipt of the 75li .; the appraisers were to begin at the end next to the burying hill and run from the highway to Mr. John Fisk's land the whole breadth of the homestead until the complement be made up, and this to be done on Apr. 8, next. Wit: Joseph Fowler* and John Dennis .* Walter Fayerfield,* on 28 : 1 : 1681, released Ezekiell Woodward from this bond.


Walter Fayerfield, aged about forty-nine years, testified that when Ezekiell Woodward married Elizabeth, relict of John Solart, sr., deponent being executor of the estate of John Solart, jr., deceased, and after Elizabeth had deceased, he agreed with Ezekiel that the land should be set off, but afterward Ezekiel refused to deliver the portion. Woodward alleged that it was unjust that one child should have all the best of the estate. Before deponent sued to get possession Isaac Hull sued him for not giving him possession, but since then he had resigned his executorship. Sworn in court.


Isaac Hull, sr., and Jno. Rayment testified that Woodward asked to buy the land or rent it, but deponent told him his son might sell it when Nehemiah Jewett came, which would be shortly. Jno. Rayment testified that Woodward told him that he had rye, pease and oats from the land the past summer. George Hull testified. Sworn in court.


Charles Gott, aged forty-two years, deposed that he was with Fairefield when he demanded of Woodward John Sool- art's portion and Fairefield told Woodward that there was an agreement between Soolart and his mother that he should have his portion on that side the lane where Spaulding's land was "in cass he stayd for it till her death." Doctor Swinerton and John Batchelder were present also when the agreement was signed. Jno. Batchelder testified to the same. Sworn in court.


Richard Hutten, aged about sixty years, and Walter Fayer- field, aged about forty-nine years, deposed that after the county court at Ipswich had settled the estate of John Solart, sr., and before John Solart, jr., went to sea, the latter, now * Autograph.


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IPSWICH QUARTERLY COURT


[Sept.


Stephen Crose v. Joseph Emerson. For not paying 48. Verdict for defendant .*


Stephen Crose v. William Hoar. For refusing to give account of ninety odd bushels of wheat. Verdict for de- fendant.t


deceased, desired deponents to go to the dwelling house in which Woodward was then living, which house was formerly John Solart, sr.'s, to see the condition of the housing. This John Solart, jr., did that he might not be a loser when he received his portion, which he was to have from the homestead, the house being a part of the homestead. Sworn in court.


*Writ: Stephen Cross, master of the sloop Adventure v. Joseph Emerson of Boston, feltmaker; for not paying 45s. in money due for his passage twice from Weathersfield to Bos- ton, and for freight for goods; dated Boston, Sept. 14, 1681; signed by Nat. Barnes,{ for the court and town of Boston; and served by Joseph Webb,# marshal of Suffolk. Bond of Joseph Emerson.#


Jno. Lee, aged thirty-six years, testified that in the year 1678 he went with his partner Mr. Steven Cross in their sloop Adventure to Conetycote and Mr. Joseph Emerson freighted nearly one-half the sloop to Boston with wheat, pork and other goods and also he himself came to Boston in the vessel. Emerson also put in a considerable quantity of provisions for the victualling of the vessel and when he came to Boston there were some words between deponent and Cross concerning Emerson, the latter declaring that he would take nothing for Emerson's passage. On Sept. 17, deponent heard Cross say that he never intended to charge for passage, but Emerson was troubling him about some wheat and that now he should sue him and plague him. He also asked witness to testify. Sworn, Sept. 19, 1681, before S. Bradstreet,¿ Governor.


Thomas Fossy testified that in 1678 he came from Wethers- field with Steven Cross when Mr. Joseph Emerson was also a passenger to Boston. Sworn in court.


Robert Cross and Jno. Pearce testified that they were also passengers in August, 1680, with Stephen Cross from Wethers- field to Boston. Emerson was also a passenger. Cross brought a great parcel of deer skins, with some furs, to the amount of a tun in bulk and deponents saw Emerson receive them in Boston. Sworn in court.


tWrit: Stephen Cross v. William Hoar of Boston, baker; for refusing to pay 25li. for ninety odd bushels of wheat which he received from plaintiff's sloop. in August, 1680; dated # Autograph.


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Edward Richards v. Robert Burges and Moses Chadwell. Replevin. Nonsuited.


Edward Nelund v. John Kemball. Forfeiture of a bond of 50li. Verdict for defendant .*


Boston, Sept. 14, 1681; signed by Nat. Barnes,t for the court and town of Boston; and served by Joseph Webb, t marshal of Suffolk. Bond of Wm. Hoar.t


Joseph Emerson, aged about twenty-eight years, deposed that in September, 1680, he had about ninety-two bushels of wheat brought from Connecticot by Stephen Cross to be delivered to Wm. Hoar of Boston, baker. He also heard Mr. Jon. Pinchon, jr., of Boston order Cross to deliver some wheat of his to Hoar. They were both on the vessel at the time. Deponent then went to Swanzey and upon his return to Boston found that Hoar had received but eighty-three bushels of said Cross. Sworn in court.


Letter addressed, "This for his Louing frind m' william hoore In boston dd:"


"October the 9 Ipswich 1680


"M" hore and M' Emarson I much wonder at your straing leters that you so moch troble me with Conserning the whet when you haue had all your dew and peck 92 out of a hondred and 4 is as much as euer I delivered to aney one yet le- you haue in your hands of m' pinchins one boshel and 3 pecks and for the Rest leue it to me not more at present but my kind loue to you both and in heast I rest your wek friend "Stephen Cross."t


Jno. Pearce and Robart Cross testified. Sworn in court.


John Pinchon, jr., aged about thirty-two years, testified that he had 8 bushels and 3 pecks of wheat consigned to him from Connecticot in Stephen Crosses sloop of Ipswich, of which said Cross was master, etc. Some time after he went down to the town dock about his business and Cross asked for a receipt for the wheat which he gave him, suppos- ing he had delivered it to Hoar, etc. Sworn, Sept. 24, 1681, before S. Bradstreet, t Governor.


Henerey Wolf, aged thirty-eight years, testified. Sworn, Sept. 20, 1681, before Daniel Denison.t


*John Kimballt and Edword (his mark) Nerland, on June 30, 1681, appointed John Whipple and Simon Stacey arbi- trators to settle the partition line between their lands, with liberty to choose a third man, and gave bond to stand by their decision. Wit: John Warnert and Nicholas Wallis.t Owned in court.


Award of the arbitrators, John Whipplet and Nathaniell t Autograph.


166


IPSWICH QUARTERLY COURT


[Sept.


John Elitrop, Joseph Pickworth and Abigaill, his wife v. Abraham Joanes, Thomas Joanes and Ephraim Joanes. For withholding 27li.


Richard Dole and Henry Jaquis v. Richard Kent. Tres- pass. Verdict for defendant. Appealed to the next Court of Assistants. Henry Jaquis bound, with Caleb Moody and Robert Ring as sureties .*


Wells,t dated July 12, 1681, that the bounds should be & straight line from the willow bush at the southeast end of the land to a stake by a knot in a log of the fence twelve paces to the southwest of the corner of the log fence.


Daniell Warnar, John Warner and Simon Stace deposed that Capt. Whipple, etc. Sworn in court.


Simon Stace, aged forty-four years, deposed. Sworn in court.


Georg Hadly and John Whipple deposed that the award was delivered in writing to John Kimball and read to him on July 13, 1681, etc. Sworn in court.


* Writ: Mr. Richard Dole and Henry Jaques v. Mr. Richard Kent; trespass; for mowing their meadow in Plumb Island; dated Sept. 20, 1681; signed by Anthony Somerby,t cleric of Newbury; and served by Joseph Pike,t constable of New- bury, by attachment of the dwelling house and land of de- fendant.


Plaintiff's bill of cost, 5li. 11s.


Richard Kent's bill of cost, 3li. 1s.


Copy from the town book of Rowley made by Thomas Lambert: "March the : : 1680-81. The Selectmen of Rowley apointed and ordered ezekiell Northend, John Pickard, sen. and Richard Hollmes To Run The line betwen Newbury and Rowley on Plum Iland with Newbury men that was to meett them there."


Copy from the ministry book of rates made by Willie Ten- ny,t keeper of the book: "In the year 1668 John Pickerd, Ezekiell Northend, Mr. Richard Dowell were Rated to ye ministry Rate at Rowley as Followeth John Pickerd, 1 - 7 - 0, Ezekiell Northend, 1 - 12 - 0, Mr. Richard Dowell for Plum Iland, 1 - 0 - 0."


Copy of deed, dated June 27, 1664, from Philip Nelson, John Carleton and Jeremiah Jewett to Richard Dole, Henry Jaquis and John Bond, made by Robert Lord,t recorder .; Letter addressed, "for his uerry Louinge freind Richard Dole at Newbury these deliuer:"


"my Loue remembred to you, the last time that I spoke t Autograph. # See ante, vol. 6, p. 11.


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with you you desired me to send you a coppy of those mens shares of plum Iland that father Jewett bought of them which accordingly I haue done, and haue taken them out of fathers Booke, who did set them downe in his booke accordinge as he bought them and is in manner as followeth, Bought of the plum Iland first Jeremiah Elsworths share, 1-0-0; Sammuell Stickny, 1-0- 0; Charles Browne, 1 -0 - 0; Abell Langly, 1 - 0 - 0; Elder Ranor, 1 - 0 - 0; Peter Couper, 1 -0 - 0; Marke Prime, 1 - 0 - 0; Mr. Philips, 1 - 0 - 0; Sam- muell Brocklebanke, 1 - 0- 0; Richard Wicom, 1 - 0-0; Leonard Herriman, 1-0-0; Robert Hazeltine, 1 -0- 0; John Smiths part, 1 - 0 - 0; John Hazeltine, 1 - 0 - 0; James Barkers part, 16s. 8d .; Ezekiell Northen, 1 - 0 - 0; George Killborne, 1 - 0 - 0; John Burbanke senior, 1 - 0 - 0; Richard Swan, 1 -0 -0; Henry Riley, 1 -0-0; Edward Hazon, 1 - 0 -0; Andrew Hidden, 1-0-0; Jonathan Plats, 1-0-0; John Pickard, 1 -0-0; Constanc Crosbey, 1 -0-0; John Scails, 1 - 0 - 0; Brother Pallmor, 1 - 0 - 0; John Johnson, 1-0- 0; Richard Clarke, 1 - 0- 0; William Bointon, 1 - 0 - 0; Sammuell Plats, 1-0 -0; William Scails, 1 - 0- 0; John Brocklebanke, 1 - 0 - 0; Benjamin Scot, 1 - 0 - 0; John Dresser senior, 1 - 0 - 0; Thomas Wood, 1 -0-0; John Spofferd, 1 -0 - 0; William Asee, 1-0-0; Brother Maxe, 1 -0- 0; William Jackson, 1 - 0 - 0; Nicolas Jackson, 1 - 0 - 0; Richard Longhorne, 1 -0 - 0; John Remington, 1-0- 0; Thomas Leadr, 1 - 0 - 0; James Baly, 1 - 0 - 0; John Pearson, 1 - 0 - 0; John Pallmor, 1 - 0- 0; my owne share, 1-0-0; Thomas Tenny, 1 - 0 - 0; William Tenny, 1 - 0 - 0; Sammuell Mig- hill, 1 - 0 - 0; John Harris, 1 -0 - 0; Leutenant Remington, 1 -0 - 0; Thomas Dickinson, 1 - 0 - 0; George Hadley, 0 - 0 - 0; Thomas Burkbee, 1 - 0 - 0; John Grant, 1 - 0 - 0; John Tod, 1 -0-0; Thomas Abbot, 1-0-0; John Bointon, 1 -0 - 0; Uxor Mighill, 1-0-0; sonn Nellson, 1-0-0; Richard Lighton, 1 - 0 - 0; Edward Sawyer, 1 - 0 - 0; William Stickney, 1 - 0 - 0; William Law, 1 -0-0; John Lambert, 1 -0- 0; 67 shares. But Goodman Hadley whose share is rekoned amongst them soold it to Goodman Plommer and gaue a deede of it so that his share is not to be reckoned the 16 of Aprill 1665 This is a true coppy out of the Booke by me Philip Nellson."*


Award, dated May 1, 1677, of the arbitrators, Thomas Howlet,* Danniell Pears, sr.,* and John Pickard* of Rowley: "that ye sd Richd Kent shall from hencforth quietly Injoy all those Branches or peeses of salt marsh upon plumb Island Next Rowly Loyen from William Ilsleys Lower Steak one ye upland and A straight Loyen to ye stake A pon ye poient of Upland Neer ye middell of ye sª Coue & from ye stake * Autograph.


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IPSWICH QUARTERLY COURT


[Sept.


Eastward one ye same Loyen to ye Upland: And our deter- mination is yt ye sd Kent in ye sd Branches shall haue what is salt marsh & ye sd kent shall haue haue Liberty for Carting & Going to work About his hay through ye Upland Likewaies wee doe Award and Determuen yt ye sd Rich Kent shall pay or Cause to bee payd unto Richd Dole & Henry Jaquish four- teen Bushels of good marchantable Barley or barley malt by ye Last of Octobur next Ensewing."


Copy of Newbury town records made by Anthony Somer- by,* cleric:


" At a General meeting of the Towne May 5th 1656 Mr Woodman Goodman Peirce & leift Pike were chosen to meet Rowly & Ipswich men for the diuiding of Plumb Iland, and they are to desire leift Rob Pike of Salsbury to meet them the last third day in May but if it bee wett, then to bee there the next dry day.


"May 5th 56. It was further ordered that no Inhabitant of this Towne shall cut grasse in Plumb Iland, untill the lotts be divided upon such peenalty as the freemen shall inflict, which shall bee done betweene this and the fiue & twentyeth of June. And there was Chosen for the division John Emery sen" Archelaus Woodman Richard Knight William Titcomb Richard Dole & John Bishop. The townsmen chose Hugh March in John Bishops roome.


"September 25, 1661. The first lott figure 1. for Thomas Colemans freehold Laid out to Solomon Keyes foure acres of Marsh land in Plumb Iland bee it more or lesse bounded by Rowly Marsh bounds on the south the upland on the east the Riuer on the west, and Steuen Swetts land on the north.


"Septemb: 25, 1661. Laid out for Richard Kent all that parcell or Coue of Marsh in Plumb Iland Joyneing unto Rowley bounds on the South and to a necke of upland on the west & north and likewise to the upland on the east.


"March 7th 1680-81. The selectmen of Newbury ordered Capt. Daniell Peirce Sergt Tristram Coffin & James Ordway to Run the Lyne between Rowly and Newbury in Plumb Iland with Rowly men that was to meet them there.


"A Record taken out of the Towne booke of Newbury.


"Wheras wee the Comittee for Plumb Iland, haueing made an Agreement with Richard Dole and Henry Jaques, for the upland in Plumb Iland, and finding the Record doe not fully express the bounds, and that the south bounds is not exprest in the Record, next Richard Kents Coue, There- fore wee doe agree and declare the bounds from a stake stand- ing by the upland, joyneing to Rowly bounds on the South, thence Running northerly to Richard Kent's Coue on the west to a marked tree & so runing Northerly to another * Autograph.


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RECORDS AND FILES


1681]


marked tree, and from that tree on a straight lyne unto a stake by an old stump of a tree, at the north end of the Coue, about six or seauen Rod to a marked tree, marked R. H. standing northwesterly to the hed of the lotts from thence runing to the southeast Corner of the tenth lott. therefore wee doe all agree by theise pisents that this shalbe added to the Record, this upland beeing the first lott, laid out before any of the freehold lotts or Richard Kents Coue." Richard Knight, Archelaus Woodman, John Emery, sr., Hugh March, William Titcomb, John Knight.


a Draft of the malow


plumiland ug land line


Dolos ataimo Roma


"At a Legal Towne meeting held the 28 day of The 10 mth 1657 it was agreed and voted by the Town that all the In- habitants of Rowley should haue an equall share of owr partt of Plum Iland." Copy made by Thomas Lambertt,* keeper of the town book.


John Pecer and Ezekiell Northen certified that they ran the line at Plum Island by order of the selectmen of Nubery and Rowly as it was first laid out.


Daniell Peirc* certified that he was appointed with Sergeant * Autograph.


[Sept.


170


IPSWICH QUARTERLY COURT


,


Topland


the manu


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the time that this pirkt and the Rift now made


the


South


the fine butwant Houby and


the first- bit too Food longo from staff to


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I the serowe


2of 3


axorf. upfaño


.


3


thomanno Fland


north


7


8


9 ani so in order


weft


the sva


taft


no nubroy


Quity Donation


171


RECORDS AND FILES


1681]


Coffin and James Ordway, in 1681, to meet the Rowley men, but Coffin did not go. Sworn in court.


Thomas Hale, aged about forty-eight years, deposed that about 1656 there was a cove of marsh in Plum Island granted to his father, Thomas Hale, sr., by the town of Newbury, which is now in possession of Richard Kent. Deponent, then living with his father, mowed this marsh several years when the bounds, which were marked trees, between the towns were new and plain to be seen. "ther is a strip of up- land or sand lying nere the middle or somthing esterly of the middle of the Coue, which the bounds or line betwene the townes run Just ouer the point or so nere the southwardly end of the point: that it left no marsh betwene the line and That point of sand or upland where a bound stake did stand about two years senc." Benjamin Rolfe testified to the same. Sworn in court.


Agreement, dated Aug. 9, 1666, between Richd. Dole and Henry Jaquess of Newberry on one part and John Paine, merchant, of Boston on the other part, that the former upon demand, after consideration received, would make convey- ance of the marsh on Plum Island, bounded by the marsh of Susanna Rogers on the north, the upland of Richd. Dole and Henry Jaquis on the east, excepting four rods at the head of the meadow, by -'s land upon the south and the river upon the west, with the privilege of gunning or fowling upon any of said land.


John Webster, sr., aged about forty-five years, deposed that some years ago one morning he met Mr. Kent and said to him "Shall not you be at Plumiland today?" Kent said, "no, what shall I do their." Deponent said, "I here that the comity Do go to Plumiland today to Run the line betwen your medow & Rowly bounds." Kent replied, "I knew not of it; but I think thay canot Do me any Hurt." Deponent went to the Island and the committee "Ran the line a litell below an Iland (in the marsh) of upland: on of the comety said if it Do not Run to the Iland then it is all but on coue: but if the line Rune to the Iland then tis two cous: and Farmer Kents Grant is a coue thay Ran the line again a second time; & then it com to the aforsaid Iland; thear thay set in a stake; & marked seuerall trees & writ their Determinations. I further testify that in that coue coms Down a Poynt of upland; and two Ilands of upland below that Point; and the marsh lieth in two plass throw; betwen the sayd Poynt; and the Iland; and so betwen the two Ilands." Sworn, Apr. 10, 1678, before Jo. Woodbridge,* commissioner.


Benjamin Rolfe, aged about forty-two years, deposed that upon a difference between Susanna Rodgers and Richard * Autograph.


172


IPSWICH QUARTERLY COURT


[Sept.


Dole, sr., about this land in Rowley division at Plum Island, they chose John Pickard, John Knight and Tristram Coffin as arbitrators, etc. Sworn in court.


Tristram Coffin, aged forty-nine years, testified that he went to Plum Island in the interest of the widow Rogers in 1665, etc. Sworn in court.


Bill of sale, dated Dec. 16, 1662, given by John Bond,* with the consent of Hester (her mark)Bond,t his wife, both of Plum Iland, to Richard Dole of Newberie for his now dwelling house, with all the boards that belonged to the roof and the upper chamber and shelves, and all meadow and upland, which he bought of Robt. Rogers and William Trotter. Wit: Robt. Rogerst and Samuell Plumer.t


Richard Knight, aged seventy-eight years, and John Emery, sr., aged eighty-two years, deposed that in 1656 after the division between Rowley and Newbury was made, a com- mittee was appointed, of which they were two, to lay out the land. They laid out the land which joined the line, which line was bounded by a stake at the river westerly and ran upon a straight line easterly to an old tree or stump upon a neck of upland; thence to a stump upon the southerly end of a point of upland in the great cove and so to the sea. Deponents were also of the committee at the second division in 1662. Sworn, Mar. 29, 1680, before Jo. Woodbridge,} commissioner.


Richard Knight,# lot layer, deposed that he and John Knight met Ensign Howlet, Daniell Perc, sr., and John Pick- erd at Plum Island and their determination concerning the line was "from William Elslys stake of his medow Runing by the two upland bounds by Richard Kents Coue and on & strait line to the sea." He further testified that Elsly's lot was the first laid out in Newbury meadow and this was on June 10, 1656. Likewise it was the first laid out in the sec- ond division on June 10, 1662. John Emery, sr., testified to the same. Sworn in court.


Richard Dole, jr., aged about twenty-nine years, and William Dole, aged about twenty-one years, deposed that their father, Richard Dole, etc. Sworn in court.


Daniell Wicom deposed.


Richard Dole, jr., and William Dole deposed that Mr. Richard Kent told their father that he ordered his men to mow in the cove, etc.


Anthony Somerby, aged seventy-two years, deposed con- cerning the town's grant to Mr. Kent. John Webster, aged forty-eight years, testified to the same. Sworn in court.


James Ordway, aged sixty-four years, and John Webster, aged forty-eight years, deposed that they went to Plumb * Autograph and seal. t Seal. ¿ Autograph.


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173


RECORDS AND FILES


1681]


John Barry v. Samuell Chapman. For not paying him a legacy. Verdict for plaintiff. Appealed to the next Court of Assistants. Defendant bound, with John Saffourd and Richard Shatswell as sureties .*


John Harrington v. Andrew Tucker. For refusing to give him an account of a fishing voyage. Verdict for de- fendant.t


Iland on Sept. 26, and found the bound stakes gone and the holes filled up. Sworn in court.


Joseph Ilsley, aged about twenty-eight years, deposed that about eight years ago he mowed for Richard Kent, etc. Also the past summer he saw said Kent's negro mowing into Rowley division, etc. Sworn, Mar. 27, 1680, before Jo. Woodbridge,; commissioner.


Richard Dole, jr., aged about twenty-nine years, and William Dole, aged about twenty-one years, deposed that they saw two of Mr. Richard Kent's men mowing, etc. Sworn in court.


John Kent deposed that he mowed the cove several years for his uncle Richard Kent from the southeast corner on the upland to a dry stub on a knap, etc. He was molested neither by Robart Rogers, then proprietor, Richard Doell or Henry Jaquis. Sworn, Mar., 1680, before Jo. Wood- bridge, ¿ commissioner.


James Ordway, aged sixty-four years, and John Webster, aged forty-eight years, testified.


James Ordoway, aged about sixty-one years, deposed that when Richard Dole had gotten several persons, among whom were Rich. Knight, John Knight, John Emery, sr., and Hugh March, to view the bounds between him and Rich. Kent, Henry Jaquis stepped out from the company and said, "I can show you the place where Rich. Kent challenged his bounds," etc. Sworn, Mar. 26, 1680, before Jo. Woodbridge,} commissioner.


* Writ: John Barry v. Samll. Chapman, executor of the estate of Edward Chapman; for not paying him a legacy of 5li. given to his late wife by her father, Edward Chapman, in his will; dated Sept. 22, 1681; signed by Daniel Denison;} and served by Robert Lord, jr.,t deputy marshal, by attach- ment of the house and land of defendant.


t Writ, dated Sept. 22, 1681, signed by Hilliard Veren,t for the court and town of Salem, and served by Henry Skerry,# marshal of Salem, by attachment of land and a table belong- ing to defendant.


# Autograph.


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174


IPSWICH QUARTERLY COURT


[Sept.


Griffen Edwards, attorney and administrator in behalf of John Miles of Swansy and Ann his wife, the only remaining child of Colonel John Humphry, Esq., deceased v. Moses Maverick, John Legg, Richard Norman, John Peach, sr., John Peach, jr., widow Bartell, Wm. Bartell, Thomas Pitt- man, Edward Norman, Robert Bartlett, John Holmes and James Bennett. Trespass. Verdict for defendants. Ap- pealed to the next Court of Assistants. Plaintiff did not enter bond to prosecute and the appeal ceased .*




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