USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 3
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Josias Dodg, aged about fifteen years, deposed that, as he was making hay not far from his father's house, he saw Hotton with the black staff under his arm strike on the door. De- ponent showed him a sled to be attached for rates, but they opened the door where a great kettle stood, etc. Sworn in court.
John Edwards, aged about thirty-seven years, deposed that he came to his father's house and found Fiske, Hotten and Fairfeild there asking for some fire to light their pipes. His father told them he was not willing they should have fire. Deponent told them they might have some if they would go to his house but not inside the door. He showed them a receipt for the rates in 1679, etc. Sworn, July 23, 1680, before D. Denison .*
John Edwards, aged about thirty years, Benjamin Edwards, aged about eighteen years, and William Simons, aged about twenty years, deposed. Sworn in court.
Thomas Hobs, aged about fifty-eight years, deposed that he went to his neighbor's, John Dodg's, house and the latter's wife said if Wenham men came there for rates she would make the blood run about their ears. Deponent told her that if the constable commanded him to do it he would not be afraid to come, whereupon Goodwife Dodg caught him by the hair of his head and with her other hand struck him on the face in a furious manner. Sworn in court.
William Knowlton, aged thirty-six years, deposed that talking with John Dodg, sr., etc.
* Autograph.
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22
IPSWICH QUARTERLY COURT
[Sept.
The selectmen of Andover, Richard Barker, John Frye, William Chandler, Christopher Ossgood and John Barker, certified that they warned John Marble out of town on May 7, 1680 .*
Charles Gott, aged about forty-one years, deposed that he asked Goodwife Dodg what she would have done with the black staff if she could have gotten it, and she replied that she would have made it fly about some of their ears. She said she did not know whether Thomas Fisk struck her or not, but she struck him a blow on the hat or side of the head. Sworn in court.
William Simons, aged about twenty-one years, testified that old Goodman Edwards stepped up with his hoe to the men who were abusing Goodwife Dodg, etc. Sworn, July 23, 1678, before D. Denison.t
Nathaniell Ston, aged about forty-eight years, and John Dodg, aged about forty-nine years, testified that, accidentally meeting the Wenham men when they were running the line, they observed that the compass that they ran by sight was altogether false. It would not work, and the north point stood south or any way, so they shook it and turned it the way it would best answer their ends.
Rise Edwards, aged about sixty-five years, deposed con- cerning the rough handling of the woman and why he cried out to rescue her. . Sworn, July 23, 1680, before Daniel Den- ison.t
John Dodg, aged about forty-nine years, and John Edwards, aged about thirty years, deposed.
Thomas Fisk, sr., deposed.
Nathannuell Stone, aged about forty-eight years, testified as to the black and blue places on Goodwife Dodge's arm. Sworn in court.
.
Zacorie Hericke, aged about forty-three years, testified. Sworn in court.
John Dodg, aged about seventeen years, testified that his mother, etc. Sworn, July 23, 1680, before D. Denison.t
Debora Gare, aged about thirty-three years, testified. Sworn in court.
William Knowlton, aged thirty-six years, testified. Thomas Patch also testified.
Thomas Patch, aged about forty-two years, deposed that he questioned Capt. Dixey, Beverly's commissioner, etc. Sworn, July 20, 1680, before D. Denison.t
*The original order, signed by Richard Barker, t John Frie,t William Chandler, t Christopher Ossgoodt and John Barker.t t Autograph.
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23
RECORDS AND FILES
1680]
Given to the house, 6s. 8d.
Mr. Phillip Read appeared to prosecute against Mrs. Mar- gret Giffard, upon suspicion of being a witch, but she did not appear.
Daniell Welden, on Mar. 8, 1680-81, came before Worshipful Major Genrll. Denison and Capt. Nath. Saltonstall and acknowledged judgment to Mr. John Wyman of Wooborne in silver money.
List of presentments, dated 28 : 7 : 1680, signed by Tris- tram Coffin,* in the name of the rest of the grand jury:
Edward Phelps of Andevar, for drunkenness. Wit: Will. Sayear and Mr. Rich. Dole, sr., of Newbury.
The town of Haverill, for not having a school master ac- cording to law, page 136. Dismissed.
The town of Salesbury, for not having a schoolmaster, according to law, page 136. Dismissed.
Petar Petts of Haverill, for being absent from his wife several years. Wit: Andrew Grele.
Warrant, dated Apr. 9, 1680, for the appearance of John Wallingford and Thomas Thurla, to answer their present- ments, also Caleb Moody, Jo. Atkins, Nathaniel Clark, Joseph Guttridg, Benjamin Guttridge and Jonathan Moore, as wit- nesses; also to John Webster, upon complaint of Jo. Marsh, for altering a warrant granted by Mr. Woodbridge, signed by Robert Lord,* cleric, and served by Joseph Pike,* constable of Newbury.
Venire, dated Aug. 17, 1680, for Haverill, and warrant for the appearance of Benjamin Greely upon complaint of John Severns for peeping in at the windows, signed by Robert Lord,* cleric, and served by Robt. Emerson,* constable of Haverhill, who returned the names of John Haseltine for the jury of trials and Andrew Grelee for the grand jury.
Venire, dated Sept. 10, 1680, for Newbury, also summons for the appearance of Samuell Eaton, signed by Robert Lord,* cler., and served by Joseph Pike,* constable of Newbery, who returned the names of Sergeant Tristram Coffin and William Sawyer, sr., for the grand jury, and Mr. Hugh March, sr., and Mr. Moses Gerrish, for the jury of trials.
Venire, dated Sept. 10, 1680, for Andover, signed by Robert Lord,* cleric, and served by Joseph Willson,* constable of Andover, who returned the names of Ralph Farnum, sr., for the grand jury, and Daniell Poore, sr., for the jury of trials.
"A note of what things we desire to haue sent over for our part:"t A great kettell about 18 or 20 gallons & others * Autograph. t This paper is in the handwriting of Robert Lord.
24
SALEM QUARTERLY COURT
[Nov.
COURT HELD AT SALEM, 30 : 9 : 1680.
Judges: The Honrd. Majr. Genrll. Daniell Denison, Capt. Nathaniell Saltonstall, Esq., William Browne, Esq., and Bartholmew Gedney, Esq.
Grand jury: Mr. John Ruck, John Holmes, Samuell Eborne, sr., Anthony Buxton, Robert Fuller, Joshua Ray, Ensigne Fuller, Robert Rand, Allen Bread, jr., James Freind, John Bennett, John Sibly and William Griggs.
Jury of trials: Mr. Samll. Gardner, jr., Mr. Robert Kitchin, John Mastone, jr., Usall Wardall, John Williams, Edward Flint, Robert Potter, John Burell, Samuell Johnson, Richard Hutten, John Patch and John Seargent.
Seargent Kertland of Linn was fined for not appearing to serve on the grand jury.
William Browne, Esq. v. Capt. Laurence Hamond, Mary Russell, administratrix of the estate of Prudence, late relict and administratrix of the estate of Tho. Russell, deceased, John Phillips and Antho. Chickley. Forfeiture of a bond. Verdict for plaintiff. Court moderated the bond .*
les to goe one within another to 3 gallons & 6 skilletts the biggest to hould 2 quarts strong such as they call dubble brass a doozon of pewter platters six of them that was about 3 or 4 pound a peece and six about 2 pound & halfe a peece wayt, one doozon of poringers 6 of 3s. p doozon & six of a larger size and 2 doozon occumy spoones; beding, 4 darnacle cov- erings and 30 or 40 yds tikeing halfe a peece of greene say, six ells holland at 6s. p ell, one piece of Sleasie at 2s. p ell, 1 peece at 16d p ell, 20 ells of fine dowles, a peece of 3-4 wyde blew lennen, 1-2li. blech thred at 4s. a pound, 1-2li. ontnall thred 12s p li. & 1-2li. at 8s. p li., halfe a pound of silke, sowing & stiching, 1-2 a doozon of red & white pins & 1-2 doozon short whites, a peece of greene 4d. ferret ribbin, two pare of 3-4 bodyes and 4 paire 1-2 ell, a peece of Exeter kersie, good civill couller & a peece of single devonshire Kersie, halfe a firkin of larg 3d. nayles & 1-2 a ferkin of 10d nayles, a pound of nutmeags, 1-2li. cloves, 1-2li. mace and 1-2li. of cinamon. A trunke to put the goods in "markt RUM thus."
*Writ, dated Boston, Oct. 20, 1680, signed by Nat. Barnes, t for the court and town of Boston, and served by Joseph Ryall, t constable of Charlestown. Bond of Laur. Hammondt and John Phillips.t
t Autograph.
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25
RECORDS AND FILES
1680]
Isaack Hull, husband of Sarah, relict of John Sollart, jr. v. Walter Fairefeild, executor of the will of John Solart, jr., deceased. For withholding or refusing to deliver to said Isaack an estate left by said Solart. Verdict for plaintiff, that parcel of land laid out to the executor by Tho. Fisk and Charles Gott, with 6li. for rent. Appealed to the next Court .of Assistants. Defendant bound with Jon. Hoare and Ezekiell Woodward as sureties .*
William Browne, Esq., of Salem, Dr., June, 1676, to cash paid by Capt. John Phillips, 55li .; July 28, to cash paid by Laurence Hammond for his account to Mr. Thomas Deane, 55li .; to cash paid by Capt. Thomas Russell or his widow, 55li. Cr., due by bond, 220li. Owned by Browne in court.
Bond, dated Jan. 14, 1675, given by Laur. Hammond,# Thomas Russellt and John Phillips, # merchants, all of Charles- town, and Anthony Checkley,# merchant, of Boston, to Wil- liam Browne of Salem, who having given letters of credit to William Shipman and Robert Raworth of Theneriff, merchants, upon William Barron, merchant, at Bilboa, for 200 pieces of eight, to be paid in Bilboa in bills of exchange, for buying wines in Theneriff to load upon the ship Katherin, in the company of William Browne and John Turner of Salem, Law- rence Hammond, Thomas Russell and John Phillips of Charles- towne, and Anthony Checkley of Boston, each one-sixth, they should pay him 220li. upon arrival of the ship at Boston. Wit: John Keenyt and James Buttler.t Sworn, in Boston, Oct. 24, 1680, before John Joyliffe,t commissioner.
*Writ, dated Nov. 10, 1680, signed by Andr. Eliott,t for the court and town of Beverly, and served by Samuell (his mark) Moulton, constable, by attachment of the dwelling house and land of defendant.
Summons, dated Nov. 9, 1680, to Walter Farfeild of Wenham, signed by Andr. Eliott,t for the court and town of Beverley.
Walter Fayerfield's bill of cost, 12s. 4d.
Isaack Hull's bill of cost, 3li. 12s.
Inventory given in to Ipswich court, Mar. 27, 1677, by Walter Fairefield, executor of the estate of John Solart, jr., amounting to 84li., together with a colt appraised at 40s., by Richard Hutton and John Killam; also what Solart received from his mother, 5li. in silver and 49s. in goods, and 22s. more in silver. Copy from the record of wills and inventories, book 4, page 84, by Robert Lord,t recorder.
Copy of will of John Solart, dated 26 : 7 : 1672, proved, Mar. 28, 1676, in Ipswich court, he "being bound to sea and for old
t Autograph. # Seal, with letters A. C., probably Anthony Checkley.
.
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26
SALEM QUARTERLY COURT
[Nov.
England:" his estate left by his father to him and 4li. due from Mr. Richard Oliver of Munhegen, he left to his wife Sarah, now in England; in case there was a child born to her, she was to have one-third and the child, two-thirds; Walter Fairefield, of Wenham, executor, and Nehemiah Jewett and Roger Darbie, overseers; if his wife died, his brother Joseph Solart was to have the estate. Wit: Robert Lord, jr., and Phillip Fowler. Copy made by Robert Lord,* recorder.
Copy of the administration upon the estate of John Sorlat, at Ipswich court, Sept. 24, 1672, made by Robert Lord,* recorder.
Peter Cocke, aged about fifteen years, son of Roger Cock and brother to Sarah, wife of Isaac Hull, all of Topsam in Devonshire, deposed that he knew John Solart of New England and that his sister was the wife of said Solart about one year. After Solart's death, his sister lived with Isaac Hull, as his wife, about five years, deponent being very familiar with the house, and she had two children by Hull. Sworn, Nov. 5, 1680, before John Walley,* commissioner.
Nehemiah Jewett* and Roger Derby* certified, on Nov. 4, 1680, that Sarah, wife of Isaac Hull, was the right heir to Solart's estate and that it should be delivered to said Hull, etc. Sworn in court. Walter Fairefeild owned that he let the land staked out for John Solart, jr., to Ezekiell Woodward, from day to day.
John Severy testified that Fairfeild offered to let him the land between the lane going up to Ezekiel Woodard's house and the burying place at Wenham, but deponent left it because he asked more by the year than he was willing to give. Fair- feild plowed the same day and the next day sowed what they plowed. Sworn in court.
William Brusey, of Topsham, Devonshire, aged about thirty years, deposed that he was well acquainted with John Solart, sometime of New England, who married Sarah, daughter of Roger Cock of Topsham, chandler, and after Solart's de- cease, she married Isaac Hull of Topsham. Sworn at Boston, Oct. 22, 1680, before Bartho. Gedney,* assistant.
Robert Nowell of Salem, aged about thirty-four years, deposed the he was in Topsham, England, about five years ago at Isaac Hull's house, when the latter's wife told him that she had been formerly the wife of John Solart, a New England man, she knowing that deponent also was a New England man. Sworn, Nov. 3, 1680, before William Browne,* assistant.
Richard Hutten, aged about fifty-nine years, deposed that the houses and lands of John Solart, sr., had been in possession * Autograph.
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27
RECORDS AND FILES
1680]
Robert Hooper v. Edward Holeman. Trespass. Verdict for defendant. Appealed to the next Court of Assistants. Said Hooper bound, with Robert Bartlett, John Roads and William Wood, as sureties .*
of Ezekiell Woodward ever since the winter of 1672. Sworn in court.
Roger Derbyt certified that John Solart, some time of Wenham, and lately of Topsham, England, left in his hands his will when he was bound for old England. About two years later, Solart returning, told deponent that he would not change anything but desired him to write to his wife and her friends in England and tell them how he had made his will.
Thomas Carter, late of Topsham, mariner, aged about twenty-six years, deposed that he was well acquainted with John, son of John Solart of Wenham, in New England, ordinary keeper, etc. Sworn, Oct. 23, 1680, before John Walley,t commissioner.
Richard Hutten, sr., aged about fifty-nine years, and Ezekiell Woodward, aged about fifty-eight years, deposed that Soolart was said to be dead two or three years before his mother died, she being alive when his will was proved. Sworn in court.
Ezekell Woodward, aged about fifty-eight years, deposed that John Solart's estate had been in his hands since 1672 when he married Elizabeth Solart, John's widow. Sworn in court.
William Clare,t Rector of the parish, certified that Isaac Hull and Sarah Solart were married in the parish church of Clist St. George, on Sept. 1, 1675, by him.
Thomas Fiske, aged about fifty years, and Charles Gott, aged about forty-one years, deposed that they set off to John Soolart eighteen acres from his father's estate, southward from the house and joins upon the country road, it being part of the old John Soolart's homestead. They had heard Walter Fairefield say several times that he had let this land to Ezekiel Woodward for 3li. per year. Sworn in court.
*Writ: Robert Hooper v. Edward Holeman; trespass; for withholding a parcel of land of plaintiff's, in the place where John Coytes' house stood; dated 17 : 9 : 1680; signed by Hilliard Veren, t for the court and town of Salem; and served by Richard Norman,t constable of Marbellhead, by attach- ment of the house of defendant.
On 28 : 9 : 1649, John Coyte sold to William Pitt all his houses, his third part of the stages, with the land adjoining, two acres of marsh, eight acres of upland upon the neck, for 11li., as by a writing, dated Feb. 9, 1647, as per the book of t Autograph.
28
SALEM QUARTERLY COURT
[Nov.
record of sales, kept in Salem. Copy made by Hilliard Veren,* recorder.
Edward Homand's bill of cost, 19s. 10d.
Copy of deed, dated Oct. 2, 1673, given by Christopher (his mark) Lattamore, mariner, and wife Mary of Marble- head, to Edward Holeman of Marblehead, cooper, for 11li., land in Marblehead "neare the water side, together with the prviledges of a cove adjoyning & that from high water marke to low water marke & being bounded as followeth viz: with a stone wale south, adjoyning to the land of Henry Russell, next the cove, being sixty feet in bredth next the coue, & running with a straite line from the coue on the south or southwest up to the old house or just beyond the house of Robert Hooper (only the sd Rob' Hooper, & his wife are to injoy the land his house stands upon during theire naturall liues) & soe running with a north line, cloce to the back of Holemans house, to the end of the lentoo, & soe running from the end of the sd house, with straite line to the said coue on the north east excepting the liberty of a highwaye, for the Towne through the said ground, by the end of the sd Holemans now dwelling house which is to be left comon."Wit: Francis Johnson and Edward Norrice, sr. Acknowledged, Mary Lattamore releasing her thirds, 30 : 1 : 1674, before Wm. Hathorne, assistant. Copy from the county records made by Hilliard Veren,* recorder.
Moses Mavericke,* John Peach, sr.,* Richard Norman* and Thommas Petman* testified that the greatest part of the land upon which Robert Hooper's house now stands was the town's land, and that the little wood yard was the town's land, all of which was given to said Hooper; also that the greatest part of Edward Holman's house stands where the old Coite house was. Mark Petman testified to the same. Sworn, 2 : 3 : 1677, before Wm. Hathorne,* assistant.
William Parsons, aged sixty years, and James Dennes, aged thirty-eight years, testified that Robert Hoper employed them to make a fence around part of his house to keep the cattle away. Edward Homan told Hooper that if he made a fence there that he would pull it down and Homan's wife said the same, etc. Sworn in court.
Joan Codner, aged about forty-three years, testified that about sixteen years ago he was at Hooper's house when Good- man Homan and she who is now his wife were speaking about marrying. Goodman Hooper said if the match went on, he would give Edward Homan as much ground as he needed to set a house upon. Sworn in court.
Copy of deed, dated Feb. 1, 1663, given by Christopher (his mark) Lattamore of Marblehead, and wife Mary, for * Autograph.
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29
RECORDS AND FILES
1680]
Zacheus Curtice v. Joseph Pebody. Withdrawn .*
Henry Lilly, glover v. Georg Penny, commander of the ship Unity of London. Verdict for plaintiff.t
33li. 10s. to Robert Hooper of Marblehead, fisherman, "all that dwelling house of mine in Marblehead which standeth on the Hill where John Goytes house stood, which he sold unto my father pitt, as alsoe a spott of ground, being about the quarter part of an acre, bee it more or lesse, which is now fenced in & lyeth betweene a pcell of land of Henry Russells & Christopher Lattamores fishyard," said Hooper maintaining all the fence between them. Wit: Will. Bartrum and William Pitt. Acknowledged, 10 : 8 : 1664, Mary Lattamore releas- ing her thirds, before Wm. Hathorne, assistant. Copy made by Hilliard Veren,# recorder.
Tabitha Brimblecom, aged about seventy years, testified that she heard Hooper make the promise, and when Edward Howman was setting up the frame of his house where it now stands, Mr. Lattamore told him not to put his house there for the land was his, but Hooper told him to go ahead and he would be responsible if it stood him ten pounds. Sworn, Nov. 27, 1680, before Moses Mavericke, # commissioner.
Jno. Codner, aged about sixty years, testified that he was in Hooper's house when Holeman asked what he should do for a garden. The latter's father-in-law Jno. Brimblecome said that he would exchange with the town as much ground for a quarter of an acre near his house. Sworn, Nov. 27, 1680, before Moses Mavericke,# commissioner.
Sarah Pick, aged about thirty-five years, testified that she was at Hooper's house when the frame of Homan's house was being raised, etc. Sworn, Nov. 30, 1680, before Moses Mavericke, commissioner.
*Writ: Zacharious Courtice v. Joseph Peabody of Rowley Village; for saying that he had improper relations with the widow Elizabeth Bridges, etc .; dated Nov. 23, 1680; signed by Robert Lord,# for the court and town of Ipswich, and served by John Pabody,# constable of Rowley Village, by attachment of the house and household goods of said Peabody. Joseph Pebody's bill of cost, 1li. 16s. 10d.
t Writ: Henry Lillye, glover v. Georg Penny, commander of the ship Unity; for in an inhuman and unchristian manner abusing him and his wife, by forcing them, contrary to agree- ment, to pick oakum, without which they could have no victuals or drink, also for withholding their diet when they were kept at work daily, for turning them out of their cabin, forcing them to lie upon the hard boards, they being passengers, ¿ Autograph.
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30
SALEM QUARTERLY COURT
[Nov.
by which their health was much impaired; dated Oct. 27, 1680; signed by Nat. Barnes,* for the court and town of Boston; and served by Returne Waite,* marshal. Bond of Georg Penny* and Hum. Davie .*
Richd. Secombe, aged thirty-five years, and Lancelott Lake, aged thirty-one years, deposed that Penny, when within a few days' sail from Lands End in England, set them to picking okum and put Richard Kennett, his chirurgeon, over them as supervisor of the okumites, who told them, no work, no victuals. There was only about one pound of beef for six passengers, and only three times a week, and the drink was either very salt or as thick as pudding, and only about a pint a day to a passenger. Before the ship came to anchor at Boston they were kept close prisoners in the gun room, not having liberty to go ashore. Sworn in court.
Bond, dated June 3, 1680, given by Henry Lilly,* and wife Ann, of Old Street, near the city of London, to George Penny of Wapping, near the city of London, mariner, for 24li., to be paid within six days after the arrival of the ship Unity at Boston. Wit: Solomon Hobartt* and Nath. Brigge .*
Henry Lilly's bill of cost, 2li. 1s. 10d.
George Hilliard, gunner, of the ship Unity of London, Nicholas Matthews, cooper, and Richard Kennett, Chirurgion, deposed that the allowance on board was no less for five men, women and children, than one piece of beef a day, mess pieces cut at London, 2 1-2 pounds of flour, with peas, 11 pints a day for the ship's company and passengers, four pounds of bread a piece every week, and as for fish, they heard no com- plaint of want. Every mess had a pound and a half of butter every week, and as for beer and water, the least allowance was three pints a day for men, women and children, until the last week of the voyage when each person had a quart a day. Sworn, Nov. 11, 1680, in court. Copy made by Isa. Adding- ton,* cleric.
James Rose complained also that Penny in a cruel and barbarous manner beat and abused him when he was a passenger on his ship, by tying him to the capstan and beating him with a great tarred rope, three inches round, which was almost as hard as iron. He also threw him over a grindstone, and with five of the seaman whom he ordered to assist him, said Penny abused him most horribly.
Mary Newby, aged thirty-four years, Johanna Secombe, aged thirty years, and Peter Hicks, aged eighteen years, de- posed that the fish they had to eat was rotten, the beer as thick as puddle water or else salt. Also that Richard Kennett, as overseer over Lilly and his wife, carried a rope with which to chastise them if they were negligent, and on Aug. 14, they
* Autograph.
31
RECORDS AND FILES
1680]
Robert Hooper v. Mr. Christopher Lattamore. With- drawn .*
Erasmus James v. Mr. Robert Paine, treasurer of the County of Essex. Verdict for defendant.t
were turned out of their cabin, etc. Sworn, Nov. 1, 1680, before John Saffin,# commissioner.
William Newsham, aged about twenty-two years, deposed that, being one of the passengers belonging to the ship Unity, he observed that Mr. Lancelott Lake, another passenger, was very discontented by reason of contrary winds, and heard him say that if they did not meet with a fair wind within two or three days, they should never arrive at Boston. That he persisted in such murmurings the whole voyage, and also incited the seamen and passengers between decks against the master. At last they grew so insolent that deponent felt he was not safe and asked the master to spare him some pow- der, with which he loaded his pistol. After three or four days, the feeling continuing, they who were in the great cabin consulting with the master for the safety of the ship, thought it the securest way to possess themselves of the small arms belonging to the gun room, which they did by taking some into the great cabin and some into the round house. After that the seamen were peaceable and quiet. Whereas it was reported that the master said he was "God and Lord of that wooden world," deponent never heard any such expression from him nor could he imagine he would say it. The cook of the ship, who was said to be the author of it, was a person of very little credit and behaved so rudely and profanely in swearing, singing base songs and drunkenness, that daily complaints were brought of him to the master which occasioned differences between them, so that he may have spoken from prejudice. Sworn Nov. 11, 1680, in court. Copy made by Isa. Addington,# cleric.
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