USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 23
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SALEM QUARTERLY COURT
[Nov.
she said she had only struck her a light touch on the ear and now "shee is run roaring out in ye streete."
Johnathan Flint, aged about sixteen years, being there at the same time and a servant in the house, testified to the same. He further testified that he had seen his master beat Joane unreasonably with a maunatee at least thirty or forty stripes.
Charles Phillips, aged about nineteen years, testified to the beating and he also had seen Naomi weeding her garden on the Lord's day.
Jonathan Flint, aged about sixteen years, deposed that Mawle frequently posted his books on Lord's days and com- pelled him and Joane Sulland to do servile work on Lord's days, as drawing water to brew the next day and to wash. Sworn in court.
Frances Croade, aged about fifty years, deposed that on the next day after the beating, she and Sarah Cole asked Mawle why he beat his maid so cruelly and would not sell her away, and he answered because she was a good servant. A day or two after deponent and Lucretia Derby went to Mawle's with a man who would have bought the maid. She often complained to deponent that she was afraid of her life and often said if she should be killed deponent must be hanged for her because she did not complain to authority when asked by Joane. One time she came into the street with a big hole in her face where her master had beaten her and in pity deponent went along with her to Mr. Gedney, yet Mawle still continues to beat and kick her. "he is knowne to be a greate lyar & a contentious person amongst his neighbors reviling & backbiting of them. once when he had so cruelly beate ye said maid I spoke to him about it. sayes Thomas Mawle to me, I lockt ye doore for feare thou shouldest haue come in to disturb me. This I doe not giue in out of spite or revenge. let him be as bad as he is, but in conscience & pitty to a poore Creature so abused." She had also seen Naomi transplanting plants on the Lord's day and on the last Fast day saw her sewing as she sat at her door.
Lucreatia Derby testified that when she brought a man to Maule to buy Joane, Maule said she was a good servant and they would sooner have her than deponent and asked deponent what she had to do with her. She answered that "shee was a Stranger & my fellow Creture, seeing her soe much wronged," and if she were able she would go to a magis- trate, but her present condition would not permit her. Mawle was a very disturbing person among his neighbors and im- ployed himself much in writing papers of lies. On a first day about three o'clock in the afternoon he came to deponent's house with a paper of lies or a libel and said his business was
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to read that paper there which deponent considered a pro- fanation of the day.
Sarah Cole, aged about thirty-six years, testified that the shoulders of the Irish maid were all black and blue and she told deponent that it was a great deal worse down lower on her body.
Thomas Deane and Jonathan Flint deposed.
Prosilah Hoon, aged about thirty years, testified that having occasion to go often to Maule's house, she had never seen them abuse their servants and had always given them plenty of bread, butter, cheese, milk, beef, pork and other good things. Joane had used much provoking language and was a most wicked servant for inventing lies and repeating what her master and mistress said in their family. What had been testified against the Maules was from prejudice and malice. Sworn, Dec. 1, 1681, before Bartho. Gedney," assistant.
Abraham Brigges, aged about thirty years, testified that being at Maule's house when they were at dinner or supper they had very good victuals. After Maule and his wife had finished, the servants and children sat down to the same diet, etc.
Bill of cost of Francis Nurse against Thomas Mawle, for breach of the Sabbath, 16s.
Presilah Hoon, aged thirty years, testified that the Irish maid came crying to her and said that her master was selling her to his brother in Lin. Deponent told her it was a good place, but the maid replied she "wanted for nothing hear and doe you think I can loue my misteris and her childdren and the hous soe long as I want nothing noe I will not goe though hee throst me out of the dore I will com in again." Sworn, Dec. 1, 1681, before Bartho. Gedney,* assistant.
Sarah Linseay, aged about thirty years, testified that she asked the Irish maid about going to the public meeting and she replied that "it was a develish place for thay did not goe to mast and what suld she doe there for shee was resolued to stay out her time with her master and misteris and then goe whome to her one contry againe wher shee mit goe to mast." Sworn in court.
Elezabeth Deene, aged about forty years, testified that she lived almost adjoining the Maules and had never heard nor seen any abuse of their servants. Sworn, Dec. 1, 1681, before Bartho. Gidney,* assistant.
Joseph Horne, constable, testified that he had a warrant from Magistrate Gidney to bring the Irish maid to him upon Maule's complaint that she had stollen money from his house,
*Autograph.
15
226
SALEM QUARTERLY COURT
[Nov.
Tho. Maule, presented for profaning the Sabbath, was fined. Andrew Tucker, presented for suffering disorder in his house, also for selling drink contrary to law, was fined .*
Mary, wife of Andrew Tucker, for abusing Leonard Belringer, was fined .*
he having found money in her keeping. She told the magis- trate that she brought forty shillings with her from her own country, and that somebody in the town kept it for her. It was New England money that Maule lost and the same coin was found in her possession. Mr. Gidney sent deponent with her to get the money and she took him to John Tonner's cellar, where she said she put it in the wall but it was not there. They returned to Mr. Gidney who asked her why she would lie so abominably and told her to tell the truth or she would suffer severely. Then she said Elizabeth Deen gave it to her, which Elizabeth denied, and finally upon sentence of whipping, the maid said she found the money in Maule's yard. Sworn in court.
Thomas Maule's testimony concerning the character of the witnesses against him. Jonathan Flint was for a time his apprentice and he had delivered goods and taken money without giving any account, and had collected bills without returning the money. Richard Croad's house was almost adjoining Maule's. About a year ago he bought the Irish maid of John Tornor for 9d. in money. "She could not speck one word of Inglesh as I can remember thred bare of clouing and of bad caredg in langedg soe far as I understood her in Irish whee haue all wayes prouided well for her and haue mad a indifarant shift with her though with much trubell which now a late understanding the ingles tong and as wee aprehend by euell counsell wee could not get her to doe any more or les then as shee plesed to doe it acording to her one way and time and in her words when we commanded her sperit is such as to call roge dorg gade carem deuell and two cry wee lied with much more abussed words," etc.
Daniell Webb, aged thirty years, testified that Joan Shulavan struck her mistress, etc.
*Bill of cost of John Searle, constable of Marblehead Neck, 1li. 2s.
Rebecah Allen, aged about twenty-eight years, testified that being at Andrew Tucker's house three or four days after the difference between Tucker's wife and Bellringer, another man being present said to Bellringer that he heard that Good- wife Tucker had broken his head. Bellringer replied that
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1681]
she had given him abuse but had not broken his head; Tho. Henloe, Goodman Pedrick's servant, broke it, and Tucker's wife and Bellringer forgave each other and became good friends. Robert Palmer, aged twenty years, testified. Sworn in court.
Robert Palmer deposed that Leonard Bellringer came into Tucker's house about two months ago, when Tucker was away, and demanded of his wife half a pint of liquor. She told him that he did not need it for he had had drink enough already. Upon this Bellringer uttered a great many scurrilous words so that she ordered him out of the house. Ann Gilbert, aged twenty-two years, testified to the same. Sworn in court.
Thomas Henley testified that he was present during the fray at William Vening's house and saw Meary, wife of An- drew Tucker, strike Belringer and deponent carried him out of doors. She came out and took him by the hair of his head and pulled him to the ground upon the stones that paved the yard, beating his head upon the stones until Anna Gilberd bade deponent take Bellringer away before her dame killed him. Sworn in court.
Ann Gilbert testified that three months since several men came ashore after sun down on a Sabbath day to get water at Andrew Tucker's pump and they came into the house asking for a cup of drink, which they had. Meanwhile the tide overflowed their boat and they were forced to stay all night. Robert Palmer testified to the same. Sworn in court.
Complaint of John Searle,* constable, living on Marble- head Neck, who upon being informed of this outrage could do no less than report so great disorder.
William Vening, aged about thirty-two years, deposed that Linard Bellringer was in his house preparing to go to supper when Mary Tucker came in, etc. Jone, wife of de- ponent, deposed the same. Sworn in court.
Jone Maning, aged about twenty-two years, testified that in defending himself Bellringer tore off a piece of the lace of Mary Tucker's cap. Sworn in court.
Mary Searle, aged about twenty years, deposed that hearing the fray she ran out of her house and saw Mary Tucker pulling out Bellringer's hair and was about to put it in her pocket. Deponent told her that she was not acting like a Christian to pull a man's hair off, whereupon she flung the hair away. Sworn in court.
Andrew Tucker of Marblehead was presented for excessive drinking in his house in the night, making great disturbance, throwing fire brands, etc.
* Autograph.
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SALEM QUARTERLY COURT
[Nov.
John Newhall was bound for Mary Hood's appearance for fornication at the next Ipswich court .*
Samuell Hart was bound for the appearance of his daughter, Abigaile, for fornication, at the next Ipswich court.t
John Pearce, presented for frequently absenting himself from the public ordinances, was fined.
In answer to a petition of Will. Dodg for a division of a settlement of the estate of John Balch, deceased, alleging that there was some inequality in a former distribution by mis- information to the Ipswich court, court ordered all concern- ed to appear at the next Ipswich court.
Mr. Harlackendine Symonds and Mr. Daniell Epps, ad- ministrators of the estate of Samuell Symonds, deceased, presented an account of the debts and legacies, and the first and second inventories were ordered to be kept on file.t
* Mary Hoode of Lynn, unmarried, was presented for having a child.
t Abigall Hartt of Lynn, unmarried, was presented for having a child.
Warrant, dated 20 : 9 : 1681, addressed to the constables of Topsfeild and Lin, for the apprehending of Daniell Jencks, upon complaint of Samuell Hart, for being the father of his daughter Abigail's child, signed by Bartho. Gedney, § assistant, and served by John Moor,§ constable of Lyn, who returned that on the second day after date, "said Jynks was mett with upon the roade about a wading Riuer."
Summons, dated 30 : 9 : 1681, for the appearance of Mary Hoode and Abigaile Hart, signed by Hilliard Veren,§ cleric, and served by Joseph Collins,§ constable of Lyn, who re- turned that neither were well enough to appear.
¿Peter Duncan, aged about fifty years, deposed that about seven months after the death of the Worshipful Samuell Symonds, Esq., he demanded of Mr. Wm. Symonds, the execu- tor, the 8li. legacy due deponent's wife, but he refused to pay it.
Daniel Epps, sr., deposed that he also asked Wm. Symonds to pay it to Duncan, but he refused. Sworn, 30 : 9 : 1680, at Salem court.
Account rendered by the administrators, Daniell Epps§ and Har. Symonds§ Nov. 19, 1681, at Salem court: Dr., to our father's funll. expences, 3li. 9s. in money pd. at Boston; small debts and legacies pd. at Ipswich, 7li. 12s. 9d .; remained § Autograph.
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1681]
RECORDS AND FILES
due to our mother, 20li .; to a horse lent my brother Samll. Symonds p my fathers orders, to ride to Boston, wch horse died at Winnesynment in yt Journey 16 or 17 yrs. agoe, 22li .; due Mr. Martyn p Legacie & Debt, 105li .; to Danll. Epps, sr., 108li .; to Mr. Jno. Emersin, 88li .; to Mr. Thomas Baker, 58li .; to ye Farm Argilla being destitute of all kind of grain I Danll. Epps, sr., supplied the same wth puissions seed & corn ye first year & 3 loads of hay in all, 20li. 6s. 9d .; to John Woodins service being an Apprentice, his clothing according to Covnt. & also 4 months & 2 weeks work, 23li. 10s .; nec- essary expences for carrying on affairs in puisions & small Legacies to Rebek. Stacy & Debt to our Mother out of that wch. was the common stock amongst us, 32li. 2s. 10 1-2d .; to workmen yt I sd. Danll. Epes, sr., procured & payd for at Argilla ye last year; to 2 loads of hay p sd Epes to Argilla this year, 1li. 10s .; to Mr. Duncan's legacy, lli. due to him p will of Samll. Symonds, jr., and part of his 8li., 5li. 9s .; to Cau- tion money at Genll. Court in 79, 15li. 12s. 6d .; to Robert Lord for extending ye first execution, 2li .; to marshall Genll. John Green for extending last execution, 2li .; time sd. Epes spent about ordering affayres in Argilla & paying workmans wages these 2 last years, 10li .; to puisions that sd. Epes sup- plied this year at Argilla, 2li. 48. 10d., to fencing, plowing, plant- ing, howing, mowing, hay making & other work, 11li. 1s. 11d .; Interest of the Stock, Tackling & for plows, carts &c. & houshold goods for one year, 12li .; charges expended in money upon the prosecution of the case referring to Argilla occasioned by Mr. Wade since Oct., 1679, 33li. 4s. 10d .; more charges last court at Boston, 2li. 19s .; to 117 days for myself and horse, 11li. 14s .; to my mother Symonds for her man's work she finding all things needed for him, 16li., and 5 bush. of wheat, lli. 5s., oats for her use, 20s., 18li. 5s .; to Harla- kind. Sym. for him & wife working up the farm one year in 1679-80 in order to ye pformance of our fath. will, 16li .; Msis. Symds, for her man's meat, drink, clothing & work for this year, 17li .; to Harlak Symonds & wife for this year, 16li .; total, 668li. 10s. 3 1-2d. Per contra, Cr .: by Cattell & goods according to apprizmt. taken amongst ye four Lega- tees, Nov. 12, 1679, All which were left upon the farm to supply all necessary occasions in order to ye fullfilling our fathers will & pforming duties therin, 132li. 19s. 6d .; Jan. 30, 1679, took into possession 35 Acres of land by us Harlak. Symonds & Danll. Epes p consent or order from. Richard Martyn, Administrators at 5li. p Acre upon comon acct. wch we sould to Edward Bragg, wch land was esteemed the most unprofitable upon the whole farm, 175li .; By sould unto mr. Jno. Emerson eight Acres of land next adjoyning to sd Brigg's at 5li. p Acre upon comon acct. as part of his Leg-
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SALEM QUARTERLY COURT
[Nov.
acie, 40li .; Sould to Mr. Thomas Baker 4 acres as afforesd. as part of his legacie, 20li .; By 8 Acres of meadow sould to Edward Bragg, wch. we sd. Administrators took at 5li. p acre, prized much above their value, 40li .; payd to Mr. Duncan, 3li. 11s .; by Cattell according to apprizement to Danll. Epes, sr., as I charged myself Debr. in ye Inventory but there was 10 sh. more then they were valued at, as apprd. wn. I came to speak wth those yt prized them, 22li. 10s .; swine, 9li. 10s .; ould goods charged to particular accts. of sd. Legatees, 25li. 18s. 3d .; by the whole Crop in 1680, 48li .; total, 517li. 8s. 9d .; balance of accts. of the estate is indebted, 151li. 1s. 6 1-2d. Mr. Harlakinden Symonds had received since Nov. 13, 1679, 27li. 19s. 2d., which he apprehends may be set off for the trouble & charges he hath been put to about his father's estate since the death of his brother Willm. Symond. Sworn, Dec. 3, 1681, before Nath. Saltonstall and Bartho. Gedney,* assistants.
An account, dated Nov. 24, 1680, of what Daniell Epps, sr.,* and Har. Symonds* found wanting of the estate of their father Deputy Governor Samuel Symonds, as may be seen by comparing the inventories taken by our brother Mr. William Symonds, executor, about the beginning of Nov., 1678, and that of Nov. 10, 1679, taken by themselves, with what Mr. Wade and our sister, Mrs. Mary Symonds, relict of William Symonds, hath had and disposed of from ye Farm Argilla: corne of all sorts of the growth of the yeare 1678, 70li .; paid unto Bother William by Killigreest Ross, 6li .; to old corn of of all sorts, 3li. 5s .; land sould of our Fathers at Towne by William to a saddler, 9li .; land sould unto Mr. Wade of ye same lott for halfe money & halfe wheat & mault as we under- stood by our Brother William, 40li .; silver plate, 10li. 10s .; cheeses of ye better sort, 5li. 5s .; sheep's wool, 75li., 5li. 2s .; cotten wooll wanting about 10s .; 3 tubs of Butter with two of ye tubbs, 3li. 19s .; syder & apples, 2li .; 50 Loades of hay, 37li .; 40li. of yarne, 4li., cattle, 18li .; sheep & Lambs, 38, 16li .; a steer sould to Isaack Fellowes, 3li. 10s., which our Brother William had ye pay for in corne, 3li. 10s .; the Cropp in the yeare 1679 which Mr. Wade & our sister Symonds had all away and left ye Farme whollie destitute which was up- wards of fowre score pounds worth, 80li .; total, 314li. 1s. Now besides this acct. our sister Mary Symonds had all the benefitt of the Increase of all the Cattle & sheep, the benefit of the Dayrie, the keepeing what Cattle and sheep she had, vizt. 16 or 17 Lambs, 5 Calves sumer and winter, 3 or 4 cowes the winter, 5 or 6 swine, two horses, the Drawing the wood she made use of, with the oxen we had of our Estate for the
* Autograph.
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231
1681]
RECORDS AND FILES
John Mascoll took the oath of freeman.
Nathaniel Ingerson had his former license renewed.
John Procter was licensed to draw beer and cider, and give entertainment to strangers.
Capt. Marshall and Goodman Edmonds had their licenses renewed.
Mr. John Gedney and Mr. Daniell King were allowed as taverners for Salem.
John Bullock, Ann Lake, Ellenor [Nell. - Waste book] Hollingworth were licensed as innholders for Salem for enter- tainment of horse and man, but not to draw wine.
Mr. [Richard. - Waste book] Rease and Mr. Legg were li- censed to retail strongwater out of doors.
Whereas John [Joseph. - Waste book] Beasly, at a former Ipswich court, was disenabled for bearing of arms for some misdemeanor, court took off the sentence, and he was to bear arms and attend the military company where he lives, as formerly.
In answer to a petition of Abraham Ketvill, court ordered and advised that the accounts and concerns of the voyage and vessels between Abraham Ketvil and Andrew Tucker, be referred to Mr. Benjamin Browne and Mr. John Hathorne to audit and make up. They also advised that the parties buy or sell the ketch or vessell, if they do not otherwise agree .*
payment of our Legaceys which oxen Cowes and other Crea- tures & goods wee left upon ye Farme in order to the full- filling our fathers will as to all concerns, 20li. This last winter our sister Mary Symonds kept 4 Cowes 5 yearlings & vantage, two Calves, about 13 swine, one mare, about 12 or 13 sheep, all the cattle, mare and two oxen shee keept upon ye farm this last sumer about 6 shoats raised this sumer and most of her wood carried by our team, 25li.
*Petition of Abraham Kitvillt of Jarsay: "being halfe owner of the Catch aduenture with Andrew Tucker whoe now Goe to sea this winter A fishing in a boot of Marblehead and your poor petitionner whoe is a stranger that Cannot liue to remaine a shoer he and his halfe of the Catch your petitioner haue Desired seuerall anest men for to desier and parsuade ye said Tucker to put in a man with your petionner for to seeke for a freat and to nauigat ye said Catch Aduenture Or els that he should Consent yt your petitionner whoe is t Autograph.
232
SALEM QUARTERLY COURT
[Nov.
Capt. Daniell Pearce, Mr. Nicholas Noyce and Sergt. Tristram Coffin were allowed as commissioners of small causes for Newbery for the ensuing year .*
Return of criminal cases heard and determined by B. Ged- ney, and returned, 29 : 9 : 1681, to Salem court: June 22, 1680, Jonathan Gatch fined for breach of the peace; July 16, Elizabeth Fulford, Samuell Hardy, Thomas Parloe and Chris- topher Reade, for disorderly company keeping and drinking on Saturday, the tythingman who prosecuted having his third of the fine; July 21, Jacob Pudeater, for drunkenness; 6 : 7 : 1680, Isaack Pudeater, for profane swearing; 20 : 1 : 1680-81, James Smith, for drunkenness; Apr. 21, 1681, John Best, for breach of the law in currying insufficient leather; July 27, 1681, Charity Alford, for drunkenness; 24 : 8 : 1681, Richard Woodroth and Clark, for theft; John Williams and his wife, for drunkneness; Steeven James, for being disguised with drink; total fines, 4li. 12s. 6d .; paid to Marshall Skerry by Jonathan Gatchell, 10s .; pd. Marshall Skerry by Jon. Best, 3s. 6d .; pd. the Marshall Skerry by Jacob Pudeater, 10s .; pd. ye marshall by Williams and his wife, 15s .; for
part of an artis: should nauigate the said Catch and seek for fraite and your petitioner Can haue a freat at this time If the said Tucker wood Consent to it whoe say that he will keepe ye said Catch ashoer this winter. The said Tucker wil not neither by nor sel nor agree in noe way and your petitioner haue proferd 20 shelins or woold take 20 shelins to ye said Tucker to buy or sell whoe will not doe niether one nor tother but will keep your petitionner and his halfe of the Catch ashoer this winter apurpus to ruinate your poor petitionner whoe Cannot live without working which Can prooue This to be true. May it plaise this honorable Coort to order aither to buy or sell according to the Custome of the Countray or els that the said Catch shalbe sold to he that shall giue most and as your honners are the nursing fathers of this Common welth wil not see your poor petitionner a Bused but to order the matter soe to your poor petitionner releaf."
*Joseph Pike,t constable of Newbury, returned the names of Capt. Danell Peirce, Mr. Nichollas Noyes, sr., and Ser- geant Tristrum Coffin, as having been chosen, Nov. 28, 1681, by the freemen of Newbury.
t Autograph.
1
233
RECORDS AND FILES
1681]
chaines & Irons by the prisson, 13s .; mending the prison, 3s .; paid Mr. Daniell Kinge in money, 20s .; pd. mr. John · Gedney, sr., money, 18s .; total, 4li. 12s. 6d.
The verdict of the jury of inquest upon the death of John Cole was brought into court .*
The verdict of the jury of inquest upon the death of Thomas Bearns was brought into court.t
Whereas Samuell Apleton, sr., and John Whipple, sr., were appointed by the last Ipswich court to settle the estate be- longing to John Solart, jr., from the land in possession of Ezekiell Woodward, the latter, with Isaack Hull, having left it to the court, and having had a meeting at Woodward's house on 8 : 9 : 1681, they agreed that the house and land on the way to the house, "with fouer acres of land, and halfe adjoyning to the way up to the house being fiue rod at the contry Roade, being laid out, with the house & building, bee
*Return of a jury of inquest, Jonathan Woodman, Hugh March, ¿ Stephen Grenlefe, sr.,; Wm. Chandler,; D. Dauison,} John Atkinson, t Benjamin Ro-,; John Toocker,į James Browne, ¿ Caleb Powell,t Peeter Godferit and Henry Lunt,į dated Nov. 1, 1681, summoned by Joseph Pike, constable of Newbury, upon the death of one John Cole, that "upon the last day of October last at seuen of ye Clocke In the euening, The said Jnº Cole left a Skift in wch he was (wth his tow mates Intending to goe on board of a Shalope to wch he did belong) but missing of the Same went to Some Shoare and afterwards attempting to goe one Board by Reason of ye Cold & wett and wanting of Releafe Perished and found dead upon ye flatts the first day of Nouemb' 1681," according to informa- tion from the two mates, John Poore and Zachery Sautly. Sworn, Nov. 22 and Nov. 26, 1681, before Nath. Saltonstall, assistant. Mr. Jno. Dole also attended the inquest and agreed to the verdict. Sworn, Nov. 22, 1681, before Nath. Saltonstall, ¿ assistant.
tReturn of a jury of inquest, Moses Mavericke, t Samll. Ward,{ Thomas Pittman,t Ambros Gall, Mathew Clark, t John Merrett,t George Oake,; Ephraim Sandin,t Willam Beckly, James Stillson,¿ Henerie Curtist and John Curtis, dated Marblehead, Oct. 7, 1681, summoned by Benjeman Gall, constable, upon the untimely death of Thomas Baerns, that he fell out of a boat into the sea, and not being able to swim ashore, was drowned.
# Autograph.
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SALEM QUARTERLY COURT
[Nov.
one share; And there being left fourteen acres more or less be the other share, the which as the said Hull hath giuen free liberty, soe the said Woodward hath made his choyce of that share where now the houses stand: and the said Hull is to pay to Goodman Woodward fouer pound ten shillings or one hundred & fourteene rod of land, out of his share of land, that is his, next to Goodman Woodwards, which the sd Wood- ward please to haue, And in the said setlement wee haue had respect to the sum setled by the court to John Solart. Jun': as alsoe to what the said woodward hath paid which is gli out of the 84" which brings the eighty fouer to 75l & 3li for rent aded to 75li makes the total to be 78'i ." This return was allowed .*
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