USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 26
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Oliver Purchis* certified on Mar. 14, 1680-1 that ten years ago when he was at the Iron works, formerly called Hammersmith, he was in great need of a tree to make an anvil block and found one that belonged to Joseph Mansfeild, sr., who said it was a bound tree in the line between him and John Newhall, then junior, or at the poplar tree. He said if Newhall consented, he could have it, which he did, and deponent felled the tree in the plain behind the mill street. Stones were laid upon the root to make the bound mark. Sworn, 5 : 5 : 1681, before Thomas Laughton and Thomas Marshal, commissioners of Lyn.
Record of Roberd Mansfeald's land, 1649, copied from the town records of Lyn, Mar. 24, 1681-2, by John Fuller,* town clerk: "Tow plantting Lotts Lying together one belonged to Mathias Farnworth Howse wich he Reserued that is to say Roberd Mansfeild Reserued: the other Hee Bought of John Hall with his & Lands: the both Contayning seauen Akers moor or Lesse: Lying in the Litle playn that Lyeth norwest of the Fresh marsh: wich marsh Lyeth norwest of the water mill: bounded norwest with the Land of Samuell Bennitt: Lately in the Tennur of Edward Burcham southest with the Fresh marsh of m' Hollioake: Southerly oupon the Land of Thomas Couldum: butting Westerly uppon the Rockes: Esterly uppon the brooke."
John Newell, sr.'s, bill of cost, 14s.
John Newell, jr.'s, bill of cost, 18s.
Copy of deed, dated June 16, 1652, Robert Mansfield of Lynn, yeoman, for love to his son Joseph Mansfield and for his own good and that of his wife in their old age, all his houses and lands, except six acres of salt marsh already made over to his son Andrew Mansfield by deed of gift to take possession of after his and his wife's death, two of which are in the salt marsh below the town, bounded by marsh of Nathaniell Hand- ford westerly, marsh of Andrew Mansfield easterly, north- erly upon Mr. Willes upland and southerly upon the river, three acres in the second division in Rumnye marsh bounded easterly by the marsh of Capt. Bridges and westerly by marsh of George Taylor, butting northerly upon the common and
* Autograph.
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southerly upon the marsh of Mr. Willes, one acre more in the same division, bounded westerly with the marsh of Will. Winter and easterly with the marsh of Mathew Westt, butting nor- therly upon the common, southerly upon Mr. Willes marsh, all of which were purchased of John Hall; all the rest of the houses and land, nine acres, the house lot bounded easterly by land of John Witt, westerly by land of Francis Burrall, butting southerly upon the country highway and northerly upon the rocks, with all the buildings upon it, and orchard; also seven acres bounded easterly with the fresh marsh of Mr. Holihock, westerly with the planting lot of or lately in the tenure of Edward Burcham, butting northerly on the brook that runs into the fresh marsh and southerly upon the rocks; also one ten acre lot promised and paid for to Lift. Walker; also five acres of upland and marsh joining together, bounded northerly by land of John Decon, westerly with land of Mr. Cobbit, easterly and southerly with the rivers, which land lay in the neck; three acres of salt marsh in the first division of Rumnye marsh, bounded easterly with the marsh of Capt. Bridges, westerly with the marsh of John Fuller, butting northerly upon the upland and southerly upon the common; two acres more in the same division, bounded easterly with the marsh of George Burrell, and westerly with the marsh of Capt. Keyne, butting northerly upon the common or creek, southerly upon the marsh of Mr. King; one acre more in the second division in Rumnye marsh, bounded easterly with the marsh of Tho. Laughton, and westerly with the marsh of Tho. Newill, butting northerly upon the common, southerly upon Mr. Willes' marsh; one acre more in the same division bounded easterly with the marsh of Capt. Bridges, butting northerly on the upland or swamp and southerly on the marsh of John Witt; and also what other fresh marsh he had in the country, about five acres; one half of this said Joseph was to have at present and the other half at the decease of said Robert, the widow's thirds to be considered, Joseph to carry on the farm at his own cost, having what personal help Robert could comfortably give in his old age, and while it could not be expected that Robert could equalize Joseph's strength, Robert tendered him two cows, half his team, with one-half of the furniture, plow, carts, chairs, yokes and at his death and his now wife's death, the whole furniture he now has for his team, and at the death of both, the bed Joseph now lay upon; it was the intention of said Robert that the two families live together and share equally in everything and if they could not live comfortably together, Joseph was to carry it on separately paying his father and mother a pro- portionate part, etc .; if Joseph died without issue, his wife who was Elizabeth, daughter of Edmond Needham, was
256
IPSWICH QUARTERLY COURT
[Mar.
Joseph Mansfield, sr. v. John Newhall. For cutting and carrying away wood. Withdrawn .*
to have 50li. out of the estate, which is a double portion. Signed by Ed (his mark) Needham. Wit: Tho. Cobbitt and Andrew Mansfield. Acknowledged by said Needham, 29 : 1 : 1653, before Robert Bridges. Recorded in the Salem records for lands, book 3, folio 7, on 1 : 1 : 1666, by Hilliard Veren, recorder. Copy made by Robert Lord,t cleric.
Writ, dated Mar. 21, 1681-2, for carrying away wood from land in Lynn, which was formerly William Edmonds, west of Mr. Hollioak's fresh marsh and adjoining land of Clement Couldom and land that was Edward Burcham's, signed by John Fuller,t for the court and town of Lyn, and served by John Moare,t constable of Lynn, by attachment of a shop of Corp. Newhall's.
*Writ: Joseph Mansfeald, sr. v. John Newhall of Lyn, son of Anthony Newhall; for carrying away wood, etc .; dated Mar. 21, 1681-2; signed by John Fuller,t for the court and town of Lyn, and served by John Moare,t constable of Lyne, by attachment of a barn of defendant. Also summons of the same date, signed by John Fuller,t for the court and town of Lyn.
Copy of deed, dated 20 : 11 : 1679, from William Edmonds of Lynn, tailor, for 30s. to John Newhall, sr., of Lynn, son of Thomas Newhall and John Newhall, 2d, of Lynn, son of Anthony Newhall, four acres, bounded by land once John Leg's on the north, formerly Robert Mansfeild's on the south, east on the brook and west by the town common or ten acre lots. Wit: Hugh Lattemore, Ebenezer Hathorne, John Bennett and Oliver Purchase. Acknowledged, Nov. 23, - before Hum. Davie, assistant. Copy made by Robert Lord,t cleric.
Andrew Mansfeild, aged about sixty years, deposed that about forty-three years since his brother John Mansfeild and himself bought of one Manton, so called, a little house, lot and a planting lot, the latter being the lot now in controversy. The next summer their father Robert Mansfeild came into the country and they surrendered this estate to him. Manton had bought it of William Edmonds. Two or three years afterward deponent was with his father when Edmonds showed them the bounds which were a great white oak and a walnut tree marked, between this land and the lot which was Edward Burcham's. Sworn in court.
Andrew Mansfeild, aged about sixty years, and Joseph Mansfeild, jr., aged about twenty-five years, testified that t Autograph.
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John Keazer, assignee of John Johnson of Haverill and attorney of George Keazer, administrator of the estate of John Gillow v. Richard Haven. Breach of a lease. Verdict for plaintiff. On Jan. 1, 1684, execution was delivered to Tho. Mould, Jno. Kezar's attorney, as attest, Jno. Appleton, cleric .*
they went to William Edmonds, who said that when he bought the house and house lot of old father Mansfeild, etc. Sworn in court.
Andrew Mansfeild,t aged about sixty years, deposed that he laid stones at the root of the bound tree in the presence of Lieut. Oliver Purchis and Joshua Rhoades, and the new bound tree was a walnut near the rocks. Sworn, 5 : 5 : 1681, before Thomas Laughton and Thomas Marshal.
"This 19th of March 1679-80.
"Loueing Freinds John Newhall, senior & John Newhalll junior as Concerning the Lot neare to the fresh marsh which was mine, which I haue sould you uppon the condicion it was not alienated before, I haue furder considered of it, & matters brought to my minde about the Alienateing of it, that I would haue you desist, & intreat you, not to make any trouble about it.
"Witt: Edward Baker, Andrew Mansfeild. Yours in Loue: William Edmonds."
Andrew Mansfeild testified that Edmonds told him the Newhalls sought him to buy the land in controversy and not he them, and that he was troubled much that he sold it to them and it had broken his rest many nights. If the Newhalls got the day at law, he would not keep any part of the price but would give it to Joseph Mansfeild, etc .. Sworn in court.
*Writ, dated Mar. 21, 1681-2, signed by John Fuller, t for the court and town of Lyn, and served by John Moare,t constable of Lyne, by attachment of a bay horse of defendant ..
Lease, dated Mar. 13, 1674-5, from Sergt. John Johnsont of Haverhill and Sarah, his wife, who was formerly wife of John Gillo of Lyn, and his executrix, to Richard Haven, jr.,. of Lynn, all the houses and land in Lyn given to her by will! of said Gillo, excepting three acres of fresh meadow lying by Mr. Holyoake's ditch, some meadow lying by Jacob Knight's land and some meadow lying before Goodman John Ramsdell, sr.'s, door, running westward as far as a stone wall of Samll. Hart's by the bridge between Lynn and Capt. Marshall's now dwelling place; Haven was to pay 6li. in silver money t Autograph.
17
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[Mar.
and one barrel of clear cider annually for seven years, and was to bear all rates and assessments; Johnson was to allow him 5li. at the end of the term of the lease if the housing be made tenantable, as one end of the dwelling house at this time is out of repair; if the house should burn down, by no neglect of Haven, Johnson should stand the charge; if Haven should vacate, he must give a year's notice; the former agree- ment made between Richard and Sarah, the present wife of Johnson, was declared void. Wit: Nath. Saltonstall,* Daniell Ela* and Anthony Ashby .* John Johnson* certified, Mar. 10, 1676-7, that he assigned this lease to John Keyzar on Feb. 26, 1676. Wit: Nath. Saltonstall* and Nathaniel Smith .*
Assignment of the lease, dated Feb. 26, 1676, by John Johnson* to John Keyzar, both of Haverhill, as his attorney and as feoffee in trust for the benefit of the children which his last wife had by her former husband John Gillo of Lyn, before said Johnson's marriage to her, she being now deceased. Wit: Nath. Saltonstall* and Nathanil Smith .* Sworn, Mar. 28, 1682, before N. Saltonstall,* assistant.
John Keyzer's bill of cost, 4li. 6s. 2d.
Richard Haven's appeal, claiming a vexatious suit, and that it was brought only to please the evil wills of others, as he had always paid his rent, etc.
Thomas Browne, sr., aged fifty-five years, and Thomas Mould, aged thirty-five years, testified that they were at Mrs. Hawthorn's house at Lin when John Keyzer of Haverhill and Richard Haven, jr., of Lin were there and Goodman Potter wrote an agreement for Keyzer and Haven. Keyzer demanded 4li. more than was written, that is, 20s. for the bridge, 20s. for cutting down the wood, 20s. for damage to the orchard and 20s. for charges, which Haven. refused to pay. Sworn, Mar. 28, 1682, before Bartho. Gedney,* assistant.
Joseph Browne, aged twenty-three years, with the fore- going deponents, deposed that Keyzer desired Haven to get a man to go with him to view the fence and buildings, but he refused. Sworn, Mar. 27, 1682, before Bartho. Gedney,* assistant.
Richard Haven, sr., aged about sixty-four years, Daniel Gott, aged about thirty-six years, and Nathaniel Hathorne, aged about twenty-one years, deposed that Haven asked Kesar for a copy of the lease that he might know what he was to do about fences and buildings, for the frost was in the ground and he could not then set up fence. Kesar said he would wait a month provided Haven would get two men to be bound for him, which he did, but Kesar would not accept it. Sworn, Mar. 27, 1682, before B. Gedney,* assistant.
* Autograph.
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Sarah Stickny, widow v. John Atkinson. Slander. Ver- dict for plaintiff .*
Sargent Heaven and Danniell Gott deposed. Sworn, Mar. 27, 1682, before B. Gedney, t assistant.
Robert Burgis, aged about sixty years, Clement Coldom, aged about fifty-eight years, and Robart Potter, aged about fifty-eight years, and Robert Pottar, aged about fifty-two years, testified that they viewed the "living" at Lyn on Mar. 17, 1682, and found 46 rods of the general fence by the fresh marsh, which was almost all hedge fence, insufficient; from Danill Gott's fence to Gillo's house, 10 poles, little or no fence; from Ramsdell's corner by Richard Whod's lot to the dwelling house of Gillo, 22 poles, no fence, it being the side of the orchard next to the field; from Gillo's house by the country road until the fence joins with John Ramsdell's, the outside of the orchard, 24 rods, with fencing stuff on it, but out of repair; at Samuell Hart's lane, 5 rods, wants re- pairing; fence by Jonathan Hudson, 46 rods, about 10 or 12 rods has fence; at the bridge foot lot, 16 rods, some fence stuff on it, and 7 rods on the ditch wanting a fence. In all there were 55 poles with fence but it needed many new posts and rails and needed to be reset, which was worth 30s. There were 110 rods insufficient and to make a good five rail fence would cost 2s. per pole; the barn would cost 4li. 10s. to repair and the bridge between the house and barn when Haven took the place was worth 20s., but had now almost disappeared, and in not keeping the orchard fenced, the cattle had damaged the trees. Sworn, Mar. 27, 1682, before Bartho. Gedney, t assistant.
Thomas Browne, sr., deposed that two years ago he carted ten loads of cord wood for Haven of this land to Joseph Mans- feild's landing place, also five cattle, for which he was to be paid as soon as Haven could sell them. Sworn, Mar. 27, 1682, before Barthol. Gedney, t assistant.
Robert Potter, Robert Burdges, Thomas Browne, sr., and Aquilla Ramsdell, all near neighbors to Haven, testified that Haven never set any new posts or rails while he lived there, etc. Sworn, Mar. 27, 1682, before B. Gedney,t assistant.
Nathaniel Hathorne, aged about twenty-one years, testified. Sworn, Mar. 27, 1682, before Bartho. Gedney,t assistant.
Letter of attorney, dated Mar. 20, 1681-2, from Georg Keysart of Salem, tanner, guardian of Robert and Sara, children of John Gilloe of Lynn, deceased, to his son John Keaser. Wit: Hilliard Verent and Henery Skerry, sr.t Acknowledged, Mar. 20, 1681-2, before B. Gedney, t assistant. *Sara Stickney's bill of cost, 2li. 4s. 4d.
t Autograph.
# Autograph and seal.
260
IPSWICH QUARTERLY COURT
[Mar.
Hugh March v. John March. Verdict for defendant.
John Atkinson v. Sarah Stickney, widow. Slander. Ver- dict for plaintiff.t
*Writ: Hugh March, sr. v. John March of Newbury; for non-payment of a debt for goods received; dated Mar. 22, 1681-2; signed by Anthony Somerby,# clerk for Newbury; and served by Joseph Pike,t constable of Newbury. Bond of John March, John Stockman and Joseph (his mark) Flechar.
John March's bill of cost, 1li. 9s.
Tristram Coffin, aged fifty years, testified that Hugh told him that his son John March gave him two bills amounting to 80li. for wine, liquor, cider, pork, hops, candles, horse, cart, wheels and other goods. John had paid 20li., but 60li. was in a bill to be paid in six years which Hugh had not re- ceived. Sworn in court.
Tristram Coffin testified that John March acknowledged the account, etc. Also that Hugh March said John owed him for house rent, etc. Sworn in court.
Joseph Pike, aged about forty-three years, testified as to the quarrel between Hugh March and his son about accounts, and deponent and Sargeant Caleb Moody labored to have them agree, etc. Sworn in court.
Invoice of goods received by John March of Hugh March, sr., in Jan., 1679: 1 Cart and wheles and Iorn to it, 2li .; 3 swine, 2li. 10s .; 1 horse, 2li. 10s .; horse tackling, 10s .; one hodghed of rum and part of another, 8li. 15s .; 5 busshels of wheate, lli .; 11 bosshels of malt, 1li. 14s .; 2 barrells of porcke, 5li .; 6 bosshells of meale, 15s .; 2 fliches of bakon, 1li. 12s .; 140li. hops, 2li. 12s .; 12 pound of lard, 4s .; suger, 18s .; tallow to macke candeles, 18s .; 16 barrells of sider, barrells and all, 8li .; 16 bushells of ots, 2li .; cor fish and dry fish, 10s .; 1 payr of cards, 3s .; 16 pound of butter, 8s .; 1 hodghed of malases and part of another, 3li .; 293 gallons of wine, 40li. 5s.
Daniel Ela testified that John March owned the foregoing items but said the appraisal was too dear.
James March, aged about eighteen years, deposed that his brother John, etc.
Hugh March, sr., deposed. Sworn in court.
tWrit, dated Dec. 22, 1681, signed by Anthony Somerby,# clerk for Newbury, and served by Joseph Pike,# constable of Newbury, by attachment of the dwelling house and land of defendant. Bond of Sarah (her mark) Sticknee.
John Atkinson's bill of cost, 2li. 4d.
Sarah Stickny made oath that John Atkinson was the # Autograph.
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father of that child which she brought into court and for which she asked maintenance.
Summons, dated Dec. 15, 1681, for the appearance of John Atkinson upon complaint of Sarah Stickney that he is the father of her last child, which fact she had concealed upon his promise to maintain the child which he now refuses to do, also to said Sarah and her son to give evidence, signed by Daniel Denison .*
Richard Brown, aged thirty-two years, deposed that he was at the widow Stickney's house groundpinning a leanto last October and Goodman Adkinson was there, etc. Sworn in court.
John March, aged twenty-three years, testified that last fall he, Samll. Lowle and John Atkinson, jr., were riding in a cart by Sarah Stickney's house. Deponent called to her and said "here is Samll. Lowle what have you to say to him?" She replied, "A you roge, yonder is yor Child under the tree, goe take it up and see it." Lowle replied it was none of his, etc. Sworn in court.
Jonathan Haynes, aged about thirty-five years, testified. Sworn in court.
John Steckny testified that for the sheep that Jonathan Hayns had of his mother, said Hayns was to pay 5s. in barley. Sworn in court.
Goorg Littel testified that he went along with Nicholas Rawlings to John Atkinson's to make an end of the differ- ences about the money which he said he lent to Atkinson. Sworn in court.
John Stekny testified that John Atkinson came to his mother's house and desired her to let deponent get some wine for him, and at last Atcinson gave him some money and he went to Mrs. Ann White's and brought back a quart. They both drank freely and Atcinson sent deponent to bed, etc. Sworn, Dec. 20, 1681, by Daniel Denison .*
Nicolas Rawlings* testified that Jonathan Hains said that the widow Stickne said the child was not Samuel Loel's but another man's child in the town, etc. Sworn in court.
James Mirack, aged about thirty-one years, and Hannah Mirack, his wife, aged about twenty-two years, deposed that Sarah Stickney came into their house and told them that their brother John Attkinson came from Haverhill and brought her news of her son at Bradford and of her sister- in-law Faith. Atkinson was about to hire a house of said Faith, etc. Sworn in court.
Hanah Merrek, wife of James, and Hanah Merrek, his sister, testified that Sarah Stickney came into Jonathan
* Autograph.
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IPSWICH QUARTERLY COURT
[Mar.
Haynes' house when John Atkinson and his wife were there and asked said John if he were going to deny his child, where- upon John's wife called her an impudent baud. Then Sarah used such opprobrious, reproachful and reviling speeches that Haynes told her to go out of the house but she would not depart. Then Goody Atkinson stepped to Goody Stick- ney "and Clapt her hand in her face and sd she would spit in the face of any that should call her a baud: and spit att her." Sworn in court.
Marget Mireck, aged about fifty-nine years, and Hannah Chainy, aged about thirty-eight years, testified that Sarah said she never had money of any man living to pay her fine nor for the child's maintenance. Some of her money was from Goodman Downer for sheep that she sold and the rest was from Goodman Pilsbury. Sworn in court.
Sara Stickny affirmed that John Atkinson called her out of her house, told her that the court was near and he was going to Boston. He gave her 30s. in money and asked her to be true to him. John Stickny, her son, testified to the same and that when Atkinson came to their house, he bade deponent put his horse out of sight. Sworn, Dec. 20, 1681, before Daniel Denison.
Ane Thurell, William Morse, Anthony Morse, Johuah Morse, Hester Smith and Frances Thorla testified that Sarah Stickny told them after she returned from court that the magistrates had dealt very favorably with her and better than she deserved and she had great respect for them all. Sworn in court.
Joshua Mors, aged twenty-seven years, deposed that he was at the house of his sister, Sarah Stickny, when Epheram Wheller, John Atkinson's man, came to plow and sow her rye, etc. Sworn, Mar. 23, 1682, before Daniel Denison .* John Stickny, aged about sixteen years, testified. Sworn, Mar. 27, 1682, before Daniel Denison.
Robert Savory of Bradford, aged about forty-eight years, deposed that he went to buy a cow at Stickny's house, etc. Sworn in court.
John Stickny testified that after his mother's child was born Atkinson came to see her, took the child in his arms and kissed it, etc. Sworn, Dec. 20, 1681, before Daniel Denison .*
Elizabeth Browne testified that she was with Sarah at the birth of the child and she told her Samuel Lowel was the father, and when he went away he said he would bring her whittles and clouts. Sworn in court.
James Mireck, jr., aged thirty-one years, deposed. Sworn in court.
* Autograph.
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Joseph Peasly v. Josiah Clarke. Appeal from a judgment of Capt. Saltonstall, Dec. 27, 1681. Special verdict. If one testimony of a bargain with testimony that the person bargained with owned that the staves were ready or he could quickly have them ready and did not own or deny it at the trial be legal proof, they found for defendant, confirmation of the former judgment; if not, they found a reversion of the former judgment. Court judged that one positive evidence and other evidences in the case were good in law and found for defendant, confirmation of the former judgment. Appealed to the next Court of Assistants. Joseph Peasly bound, with Robert Ring and James Sanders as sureties .*
Necolas Rollens testified that John Atkinson paid him the money he owed him because he was afraid he would witness against him and as he said disgrace him and his family. Sworn in court.
John Woolcot, sr., testified that he was at Goodman Chene's house when Goody Cheni asked him who was the father of Sarah's child, etc. Sworn in court.
Hana Merick, aged about twenty-five years, testified that being at her brother's house with her cousin Sara Adcasun, etc. John Atkinson, aged about fifteen years, testified that Wheeler plowed for Sarah Stickny when his father was in Boston, etc. Sworn in court.
Henery Akers testified about the money that Nicolas Rollens loaned John Atkinson, etc. Sworn in court.
William Morse, aged sixty-seven years, testified that At- kinson said before the honored major that he had not been at Sarah's house for seven years. John Stickny testified to the same. Sworn in court.
Johannah Morse, aged twenty years, testified.
*Copy of papers in this action, at Haverhill, Dec. 27, 1681, before Nath. Saltonstall,t assistant:
Writ: Josiah Clarke of Ipswich v. Joseph Peasly, for not delivering 1 M. white oak hogshead staves in the summer of 1681 at a landing place in Haverhill so as to be ready to be transported in a boat then building by John Haseltine for Mr. Francis Wainewright; dated Dec. 15, 1681; signed by Nath. Saltonstall, assistant; and served by John Griffen, deputy for Robert Lord, marshal, by attachment of two acres of land near defendant's old house, adjoining the highway, which his wife said was his "for ought she knew."
Judgment for plaintiff, the staves to be delivered. Appealed t Autograph.
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[Mar.
John Atkinson v. John Woolcott. Slander. Verdict for de- fendant. Appealed to the next Court of Assistants. Plaintiff bound, with Joseph Peasly and James Sanders as sureties .*
to the next Ipswich court. Defendant bound, with John Clement and Benjamin Singletery as sureties.
Robert Clement, sr., deposed that when Tho. Newman and Mr. Wainewright's man came up for the boat which Haseltine built, Josiah Clarke desired deponent to cull a thousand hogshead staves which he had bought of Joseph Peasley. He went with said Clarke down to Clarke's uncle's and told him to tell Peasly he had his culler with him and was going down into the plain to the landing place. Deponent and Clarke went down and tarried until his uncle came, say- ing that Peasly said he had no staves at the water side but if he had known he was coming he would have had them ready. Sworn, 27 : 10 : 1681, before Nath. Saltonstall, f assistant.
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