Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8, Part 4

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 4


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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*Writ: Robert Hooper v. Christopher Lattamore; for not maintaining Hooper's interest in the land where Goit's house stood; dated 20 : 9 : 1680; signed by Hilliard Veren,} for the court and town of Salem; and served by Richard Norman,# constable of Marbelhead, by attachment of the part of the house that Mr. Lattemore lives in, namely, the new end, from top to bottom.


Cristiver Latemore's bill of cost, 18s. 4d.


tJosiah Gatchell testified that he knew Salem prison was not sufficient, for any man having no instrument except his own hands could come out as he pleased. He was also at Ipswich when Erasamon James had two men to view that ¿ Autograph.


32


SALEM QUARTERLY COURT


[Nov.


Jeremiah Jewett v. Twiford West. Appeal from the Hon. Major Genll. Daniell Denison. Verdict for defendant, con- firmation of the former judgment .*


prison, and the keeper locked in two men, who came out without the doors being unlocked. He saw one man pull up one of the boards overhead in the prison with his hand, going into the chamber of the prison, and others went out under the groundsill and some went out next the watch house.


Thomas Aires and Nathaniel Chapman, being chosen by Erasimas James of Marblehead to view the goal at Ipswich, declared that they saw Mr. Willson, the prison keeper, put a man in, etc. They found not one room there that was sufficient to keep in a man who had the dexterity of an or- dinary man. Sworn, Nov. 24, 1680, before Daniel Denison.t Theoffilus Wilson, aged about seventy-nine years, deposed that last September he received John Haskens, by warrant from the Worshipful Mr. William Browne, Esq., assistant, and locked him into the strongest room in Ipswich prison. In thirty-six hours, he had broken prison, without any appar- ent help by man or implement, etc. Sworn, Mar. 24, 1680, before Daniel Denison.t


Letter of attorney, dated Nov. 27, 1680, given by Robert Payne,t treasurer, to Robert Lord, marshal. Wit: Robert Lord, sr., t and Phillip Fouler.t Sworn in court.


Copy of writ: Erasmus James v. John Haskins; debt; dated Aug. 30, 1680; signed by Moses Maverick, for the court and town of Marblehead; and served by Richard Nor- man, constable of Marblehead, by imprisonment of defendant. Copy made by Robert Lord, t cleric.


Copy of writ of execution, dated Sept. 30, 1680, signed by Robert Lord, clericus. Copy made by Hilliard Veren, f cleric.


Writ: Erasmus James of Marblehead v. Mr. Robert Paine, sr., of Ipswich, Treasurer of the County of Essex; for John Haskins, whom James had had arrested for debt, being allowed to escape from Salem prison and again from Ipswich prison, on account of the insufficiency of said prisons; dated Nov. 23, 1680; signed by Moses Mavericke,t for the court and town of Marblehead; and served by Robert Lord,t marshal, by attachment of the house and lands of defendant.


Warrant, dated Sept. 24, 1680, to the Ipswich prison keeper to receive into the prison Jno. Hoskins, signed by William Browne, t assistant.


*Jeremiah Jewett's t reasons of appeal, given in 24 : 9: 1680, to Daniel Denison.t


Twiford West'st answer.


t Autograph.


33


RECORDS AND FILES


1680]


Letter of attorney, dated 29 : 9 : 1680, given by Twiford West* of Ipswich to Phillip Fowler of Ipswich. Wit: Robert Lord, sr.,* and Esther Gains .* Acknowledged, Nov. 29, 1680, before Daniel Denison .*


Copy of papers in this action brought before Daniel Denison, Nov. 5, 1680, made by Daniel Denison :*


Writ: Twiford West v. Jeremy Jewet; for stopping up the highway and preventing him from going to and from his own land; dated Oct. 6, 1680; signed by Daniel Denison ;* and served by Robert Lord, marshal.


Twiford West's bill of cost, 2li. 4s. 4d.


Copy of selectmen's record of 6 : 4 : 1651, that John Gage and Robert Lord should appoint a way for Marke Symonds to go from his farm through Joseph Muzzey's farm, which they did.


Judgment in this action for plaintiff.


Jeremy Jewett's bill of cost, 1li. 11s. 8d.


Nehemiah Jewet and Joseph Carlton certified that the following writing Jewet read at West's house and delivered it to West's wife: "Neighbour Tweford West It was but Yesterday & not before that (euer I doe remember) you propounded to me to purchas a way of me to your land, for selling a way to it I am unwilling, for I know not, where I shall haue occasion my selfe to come out into the road, but to suffer you to em- proue a way upon reasonable terms, I am willing prouided you doe putt up my Bars or railes, as you pass to and fro, & not impound my creatures, when taken in damage till you informe me, that so I may haue them upon reasonable satis- faction, as the law provides, I shall for this yeare be willing you shall pass ouer my land to your ground, where you haue late yeares past, for two shillings & if that be too much in your judgment, I shall be willing to leaue it to indifferent men, to sett a price. These are my present terms: and for what is due for the improvement of the way for time past I doe expect that you will giue me satisfaction.


"Ips the 19 of ye 5, 1679


by me Jeremy Jewet."


Robert Lord, sr., deposed that where the way was laid for Mark Symonds through Muzzey's farm was land of John Gage's, between the country highway and said Muzzey's farm. John Pickard and Nehemiah Jewet affirmed the same.


John Pickard, sr., testified that the fence that Jeremy Jewet had made upon Muzzey's farm, with respect to the way deponent purchased of Marke Symonds, deponent ap- proved.


Robert Lord, sr., deposed that when he was marshal in 1651 he served an execution for John Bradstreet on the eastern end of Mussey's farm, etc.


* Autograph


3


.


.


34


SALEM QUARTERLY COURT


[Nov.


Copy of deed, dated Sept. 16, 1658, given by Mark Symonds of Ipswich, for 50li., to John Pickard of Rowley, meadow and upland on the north side of the North river commonly called Egypt river at the end of his farm, formerly sold to John Cross, containing seven acres, with half an acre which he bought of Robert Lord, bounded by land of Twiford West on the southwest, the river on the southeast, other land of said Pickard on the northeast, and the other part of the farm formerly sold to John Cross on the northwest. Wit: Robert Lord, sr., and Robert Lord, jr. Sworn, May 4, 1680, before Daniel Denison. Recorded, June 9, 1680, book 4, page 340, by Robert Lord, recorder.


Nehemiah Jewet and Excercise Jewet, his wife, deposed that when their brother Jeremy Jewet was gone to the south- ward, they looked after their brother's business and Twiford West asked where he should go through to his ground at the old house. They told him that he might, for the present, make a pair of draw bars, next his own land where he dwells and pass through, provided he took care to keep them well up. This was about six years ago, when Bozoone Allen was suing his brother, Jeremy Jewet.


Joseph Muzzey, aged about fifty years, deposed that about thirty-six years ago, in his father's lifetime, there was a high- way through his farm, beginning at Gage's pond, which was for Marke Symonds and the neighbors adjoining to pass to their land, and ending at a red oak, which was a bound tree ·of the farm and a north corner of the land now in possession of Twiford West, but now cut down. This highway was bounded all along on the northwest side of the land now in possession of West. He made half the fence by agreement with West, etc.


Joseph Chapply, aged thirty-four years, deposed that West had used this way for twenty years, etc. Sworn, Nov. 5, 1680, before Daniel Denison.


Benjamin Muzzey, aged about forty-six years, deposed that about thirty-six years ago the neighbors and his father had a difference about passing through his father's farm at Egypt river, etc. Sworn, 8 : 8 : 1680, before William Browne, assist- ant.


John Pickard, sr., and Exercise Jewet deposed that when Boozone Allen was serving an execution upon Jewet's farm, West desired said Allen and Lt. Way, his attorney, to settle a way through the farm, etc. Sworn, Nov. 5, 1680, before Daniel Denison.


John Jewet, aged about forty-three years, testified that West tendered a rug and a horse to Jewet, but he said he would have silver, etc. Jeremy Jewet, aged seventeen years, deposed. Sworn, Nov. 5, 1680, before Daniel Denison.


35


RECORDS AND FILES


1680]


Capt. Nicholas Page, assignee of Thomas Woodbridg v. George Carr, sr., and James Carr. Verdict for defendants.


Robert Lord, marshal, aged about forty-eight years, testi- fied that about thirty years ago, he mowed and carted hay for Marke Symonds, and going there from the country road leading to Rowley, which was used by Symonds and old father Cross, Goodman Bradstreet and others, etc. Sworn, Nov. 5, 1680, before Daniel Denison.


John Jewet, aged about forty-three years, deposed that about eighteen years ago there was only one pair of draw bars there, and they were near his barn, and West told him the way was so bad on account of the hill that he could not use it, but Jewet would not let him use any other way, etc. Deponent had heard his cousin, Jeremy Jewet, etc. Sworn, Nov. 5, 1680, before Daniel Denison.


Richard Shatswel, aged about fifty years, deposed that Jewet stopped West from passing, etc. Sworn, Nov. 5, 1680, before Daniel Denison.


John Pickard, sr., and Daniel Wicom testified that they told Jeremy Jewet that if they needed a way as much as West did, they would be willing to pay ten pounds for it, and if they lived where said Jewet does, they would rather give him 40s. not to improve it than take his ten pounds. Therefore they judged the way to be worth 10li., etc.


Richard Homes, aged seventy years, and his wife, Alice, deposed that he had a piece of this farm about thirty years ago and used the highway, etc.


Robert Lord, marshal, deposed that he and his father found the way stopped by cross fences and corn planted about two months ago.


Abraham Jewet and Nehemiah Jewet deposed.


Moses Pengry, aged about seventy years, deposed that he appraised land here in 1651, etc.


Nehemiah Jewet and Jeremy Jewet deposed.


John Clarke and John Jewet deposed that they went with West to see how cousin Jeremy Jewet had blocked up the way by laying great stones, etc.


Haniel Bosworth and Richard Shatswel, aged fifty years, deposed that the damage to West by hogs in his oats was 11s., damage to hay, 17s., and as for the apples and other fruit, they had not yet determined. Sworn, Oct. 26, 1680, before Daniel Denison.


*Writ: Capt. Nicholas Page of Boston, assignee of Tho. Woodbridge of Newberry v. George Carre, sr., and James Carre, both of Salisbury; for refusing to deliver the ketch bought by said Woodbridge, which was on the stocks in April,


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36


SALEM QUARTERLY COURT


[Nov.


1678, although they had received 110li. as part payment; dated Oct. 26, 1680; signed by Robert Lord,* for the court and town of Ipswich; and served by John Stevens,* constable of Salisbury, by attachment of the hull of a ketch lying at the island of Mr. George Carre, sr., and James Carr.


Receipt, dated Apr. 6, 1678, given by James Carr* to Tho. Woodbridge, for 110li., due from James Frees to said Wood- bridge. Acknowledged, Apr. 6, 1678, before Jo. Woodbridge,* commissioner. Tho. Woodbridge* assigned this bill, on Mar. 27, 1680, to Capt. Nicho. Page. Wit: Ant. Checkley* and Jno. Pynchon, jr .* Acknowledged, Mar. 27, 1680, before Simon Bradstreet,* Governor.


Hen. Wheeler, aged about forty-three years, deposed that being at Mr. George Care's house about six weeks ago, with Mr. Tho. Woodbridge and Mr. Isaac Burton, said Carr said he would carry on the ketch according to agreement, etc. Georg Carr, jr., testified to the same. Sworn, 2 : 10 : 1678, before Samll. Dalton,* commissioner.


Agreement, dated Apr. 6, 1678, between George Carr, sr., of Salisbury, shipwright, and Tho. Woodbridgt of Nubery, merchant, by which said Carr was to fit the ketch now on the stocks of 54 tons, with all ship carpenter's work to a cleat for sea, a boat only excepted, to be launched by May 20, for which Woodbridge was to pay 50li. in money by Apr. 14, at Carr's dwelling house in Salisbury, and assign to Carr a bill of 110li. due from James Freeze of Amsbery; also Wood- bridge was to pay five hundred weight of okum and ten bar- rels of tar to be delivered at Farmer Peirce's malt house in Nubery, also 1 M white pine plank full two inches sawed, and to pay 50li. more the day before launching, also to pay for all nails and iron work already spent about the ketch and to furnish more as needed; Woodbridge was to forfeit the okum and tar and Freeze's bill of non-performance of his part of the agreement. James Carre was also a partner with George Carre. Wit: George Carr, jr.,* and James Freeses .* Sworn, Nov. 23, 1680, before Nath. Saltonstall,* assistant.


On July 16, 1679, James, son of George Carr, protested before Robert Howard,* sole notary public of Massachusetts, by authority of the General Court, that Thomas Woodbridge had not paid the 50li. in money, nor for any of the iron work, nails, okum, tar or plank. Recorded in book 5, page 284, of the Notarial records. Howard appointed Jonathan Wood- man, Edmond Marshall and James Freese, as his deputies, to read this protest to said Woodbridge.


James Carr's bill of cost, 3li. 2s.


Jonathan Woodman of Newbury, aged about thirty years, * Autograph. t Autograph and seal.


37


RECORDS AND FILES


1680]


Major Thomas Savage v. Samuell Apleton of Linn. Re- view. Nonsuited .*


deposed that being at Hewe March's house in Newbury in Oct., 1678, James Carr told Capt. Page that he had business only with Mr. Woodbridg about the ketch, but Page replied that he had to do with him. Carr said if that was so, if Page would provide the means, all hands would go to work and get the ship launched, etc. Sworn, Jan. 30, 1678, before John Woodbridge,t commissioner.


Giles Young, aged about forty-nine years, testified that being at Mr. George Carr's house at Salisbury, Mr. Isaac Barton offered said Carr 80li. in money, if he would promise when he would launch the ship and deliver her to him. Sworn, Oct. 25, 1678, before Jo. Woodbridge, t commissioner.


Mr. George Carre, jr., aged about thirty-six years, and James Freezes, aged about thirty-eight years, deposed that they received some okum, but no tar. Sworn, July 12, 1679, before Jo. Woodbridge, t commissioner.


Thomas Hunt deposed that he saw Thomas Baker have & bill from Mr. Woodbridge to Mr. Page to pay him 16li., 6li. in money and 10li. in iron, for iron work on the ketch, but Page put the order in his pocket and said he would speak with Woodbridge. Thomas Baker deposed that he never received anything. Sworn at Boston, Nov. 8, 1680, before Elisha Hutchinson,t commissioner.


Samuell Sawyer, aged about twenty-nine years, deposed that he was in Hugh March's house when Paige told Carr that "his knavery in this case should be one fourty or fifty pounds out of his way with m' Allen about his shipp & said he would do his businesse for him with Mr. Allen." Sworn, Feb. 6, 1678, before Jo. Woodbridge, t commissioner.


Edmon Marsiall and Jonathan Woodman, both of Neubury, aged about thirty-two years, deposed as to reading the protest to Thomas Woodbridge. Sworn, Nov. 23, 1680, before Nath. Saltonstall, t assistant.


Thomas Freame, aged about thirty years, and John Hoitt, jr., aged about forty years, deposed. Sworn, Nov. 23, 1680, before Nath. Saltonstall,f assistant.


Jno. Curwin, t Wm. Browne, jr., and Jno. Price, t arbitra- tors, reported on Dec. 24, 1679, that Thomas Woodbridge should pay to Capt. Nicholas Paige of Boston, within six months, 574li. 9s. or make over to said Page his interest in the ketch, also his plantation in Barbadoes, with his mother White's interest therein, etc. Sworn, 30 : 4 : 1680, in Salem court.


* Writ : Thomas Savage v. Samuel Appleton of Lynn; review of an action tried at Salem court, June, 1678, for with- t Autograph.


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38


SALEM QUARTERLY COURT


[Nov.


holding possession of the Iron works at Lynn, and at the Court of Assistants in Sept., 1678, with judgment against Appleton, but being brought to a trial by attaint, and thence to the General Court, judgment was given against Savage; dated Nov. 18, 1680; signed by Nat. Barnes,* for the court and town of Boston; and served by Jacob Knight,* constable of Lynn, by attachment of two oxen, a black and a brown or red ox, English corn or grain in the old barn, called old Dexter's barn, belonging to defendant, and left all in the custody of Oliver Purchis.


"At old Ironworks this 3d 7th ber 1678. "Major Sauage: S' yors by yor son bearing date ye 30th of August 78 I Rec from his hands this 3d of Sep. had I Rec it as he came I should haue applyed my selfe to haue giuen you ye particulars of all but it being ye day ye Court of Assistants is to sit & about one of ye clock before I saw him, I must bee more breife, &c. But first I would signifie to you that Joseph Armitage came to mee as a messenger from yo' selfe by word of mouth to signifie yor desire in pt though not soe fully as yor writing by yor son, but I applyed my selfe soe farr to answer it as to deliuer him ye accot of Barr Iron yt I had delivered first for m' Wm Paynes use & secondly for m' Jno. Paynes use in the very paper yt I had written for my testimony at Salem & wrote & dd. to Joseph also a short note to yor selfe to signifie my willingnes on his message how true I knew not much more had I had a word from yor hand. yt I know & respect soe well the day yt he came & I wrote on ye same & is dated & I doubt not but he will if he hath not already dd. you declares yo date when hee then told mee you were to come to Lynn. on ye 5' of ye weeke past & then s' & each day after I expected to see you at Lynn but my expectation failed, but in yt paper I haue giuen you an accot of the Barr Iron yt both m' payns had of mee: & now Sr for Hollow ware wch you desire in yor according to my short tyme, I haue looked into yt acco* & doe find yt m' Wm Payne had: 14 Ton 14 C 1 qr. 20li. of Hollow ware: besides Rod Iron & other Cast Iron &c as waights & backs & boxes & wt else & all wrought ware. of these I haue not tyme to give you an acct at this prsent & y" desire is only Hollow ware. Mr Jnº Payne had Barr Iron as I wrote in my paper yt Joseph Armitage had wch will describe to you ye quantity. Now for Hollow ware according to yor prsent desire I find yt he had dd. for his use, 7 Ton 9 C 14li. besides all other Cast Iron: in their seuerall kinds & wrought ware also. ye full whereof with respect to both m' paynes I haue not tyme at prsent to perform. And Sr whereas I haue written m' Wm paynes Barr Iron 121 Ton I find this day as ouerleapt in one booke 12 Ton so hee had of mee 133 Ton


* Autograph.


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39


RECORDS AND FILES


1680]


of Bar Iron: And whereas you desire mee to send you word w" m" Webb or m' Payne charged mee not to deliver of ye effects to you S' I answer & must swear if called thereto yt m' Hutchinson & m' Webb at my first comming hitherto: not to send any effects to you but as I might trade with you as with another man noe Owner & soe I did until m' William Payne purchased: And after he purchased by m' Hutchinsons Information of him: m' Payne & Capt. Hutchinson together ordered mee not to send of ye effects to you for one yeers tyme after his purchase. then you required yor fourth part & so m' payne agreed thereto. Thus S' I haue applyed my selfe to answer yor desire as neere as I can in soe little a por- tion of tyme, begging pardon yt it is not better done & more handsomely accommodated with paper; as is becommeth mee to you S' but it is more large & tedious then I expected w" I put my pen to paper & therefore for hast I bed yor pardon & rest. Only desiring yt Justice & Righteousnes may take place & for yt end in my poore measure S' I am yo" assuredly to serue you to my poore but utmost Capacity in truth


"Oliuer Purchis."*


Summons, dated Nov. 18, 1680, for the appearance of Samll. Apelton of Line, signed by John Fuller,* for the court and town of Lyn.


Oliver Purchis,* aged about sixty-four years, testified that Mr. William Payne, merchant in Boston, deceased, became an owner in Feb., 1657, when the forge and furnace were in a run down condition. There was a good stock of sows and Payne received in 1658, 77 Ton 9 C bar iron while Major Thomas Savage had but 28 C 1 qr. 20li. Deponent was ordered by Payne and Mr. Hutchinson not to send to Savage because he had received more than his part. Payne died in 1660, having received 131 Ton 13 C 1 qr. 8li., and afterward his son Mr. John Payne had his father's right and from that time to 1665 received 110 Ton 1 C 3 qr. 16 li. of bar iron. But his estate failing, the Iron works went to ruin, which deponent, as agent, repaired, and became much indebted which he always judged Payne's estate should have paid. The works depreciated daily and Mr. Jno. Payne was not able to supply or repair nor to pay him his salary. The works as they now are are of no great value. Sworn in court.


Oliver Purchis, aged about sixty-four years, testified that he was clerk of the old Ironworks at Lyn when Capt. Edward Hutchinson, now deceased, was agent for Mr. Webb, Mr. Ting, Mr. Sheafe, Major Savage, &c., before Mr. Wm. Payne owned any part of it, and all the sow iron and coals that were made before deponent went there were worked up and sent to Boston to Capt. Hutchinson, etc. Sworn in court.


* Autograph.


40


SALEM QUARTERLY COURT


[Nov.


Mr. John Gifford v. Thomas Walter and Richard Midlecutt, attorneys or agents of John Wright, John Williams, Katheren Eaten, John Dodswoorth. Review. Plaintiff, being in prison, was nonsuited .*


George Carr, sr., and James Carr v. Capt. Nicholas Page, assignee of Mr. Thomas Woodbridge. Replevin. Nonsuited. Appealed, with John Hoare and Thomas Putnam, jr., as sureties. t


John March v. Thomas Frame. Debt. Verdict for plain- tiff, 4,000 red oak hogshead staves.


The town of Linn or their attorney v. Clement Coldum and Benjamin Redknap, constables. Nonsuited.§


*Writ, dated Boston, Nov. 23, 1680, signed by Nat. Barnes, " for the court and town of Boston, and served by Joseph Bridg- ha[m], " constable of Boston. Bond of Thomas Walter T and Joseph Webb. T


tWrit of replevin, dated Oct. 30, 1680, signed by Robert Lord, " for the court and town of Ipswich, and served by Phillip Fouler, " deputy for Robert Lord, I marshal, by attach- ment of a ketch. Bond of George Carr, " James Carr, I Waltor Taylor " and Richard Goodwin. I Wit: Anthony Somerby T and Phillip Fouler. T


James Carr's bill of cost, 2li. 6s.


Letter of attorney, dated Nov. 27, 1680, given by George Carr, sr.,|| of Salisbury, shipwright, to his son, James Carr of Salisbury, shipwright. Wit: James Freeses T and Richard Carr. T Sworn, Nov. 27, 1680, before Daniel Denison. T


#Writ, dated Nov. 12, 1680, signed by Anthony Somerby, T for the court and clerk of Newbury, and served by Sammuell Foot, " constable of Amesbury.


John March's bill of cost, 1li. 19s. 9d.


Bond, dated July 14, 1680, given by Thomas Freame T of Amesbury to John March of Newbury, for 4,000 red oak hogshead staves, to be delivered at some convenient landing place below Hoolt's rocks on Merymack river side. Wit: Hugh March, sr., T and Hugh March, jr. " Sworn, Nov. 29, 1680, before Daniel Denison. I


§ Writ, dated Nov. 19, 1679, for not giving account of several rates delivered to them to collect, signed by John Fuller, " for the court and town of Lyn, and served by Samll. Cobbet, " constable of Lynn, by attachment of the dwelling houses and lands of defendants.


Clement Coldom's and Benjamin Rednap's bill of cost. T Autograph. || Autograph and seal.


41


RECORDS AND FILES


1680]


John Elletrap v. Andrew Tucker, sr. Verdict for plaintiff .*


Mr. Daniell Epps and Mr. Harlackendine Symonds, ad- ministrators of the estate of Mr. Samuell Symonds v. Mr. Jonathan Wade and Mrs. Mary Symonds, administrators of the estate of Mr. William Symonds. Withdrawn.t . Mr. Harlackendine Symonds v. Mr. Jonathan Wade and Mrs. Mary Symonds, administrators of the estate of Mr. William Symonds. Withdrawn.#


Letter of attorney, dated Lyn, 29 : 9 : 1680, given by Thomas Laughton,§ Thomas Farrer,§ Henery Sillsbey,§ Francis Bur- rill, § Robert Potters and Samuell Jonson,§ selectmen of Lyn, to Sergt. Andrew Mansfeild.


*Writ: John Ellathorpe v. Andrew Tucker, sr .; for with- holding a debt due for a yoke of cattle; dated 20 : 9 : 1680; signed by Hilliard Veren,§ for the court and town of Salem; and served by William Beall, § deputy for Henry Skerry, § marshal of Salem.


John Elithrop's bill of cost, 3li. 5s. 6d.


Receipt, dated Sept. 25, 1680, given by John Elethorp§ to Mr. Andro Toker and John Pedrek, for 10s. in earnest for a yoke of oxen to be delivered yoked, being the same cattle which he bought of Philep Fouler. Wit: John Stasey& and Joseph Emons.§


Humphery Deverix, aged about twenty-five years, deposed that he was desired by Andrew Tooker of Marblehed, when the Ipswich court was in session, to go to Philep Fowler's house to see the cattle. Tooker wished Eletroop to deliver them by the horn, but he refused. Sworn, Nov. 29, 1680, before Bartho Gedney,§ assistant.




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