USA > New Hampshire > New Hampshire court records 1640-1692 > Part 36
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505
NEW HAMPSHIRE COURT RECORDS
there to ansir the Complaint of John ffost Attorney to Anthony Chesley in an Accon of Debt foor non payment of fourteenc pouends or therabouts Due in money or beaver by bill to y' sayd Checkley and due damages and soe macke a true return heareof under youer hand Date 7th May 1663
₹ Court Elias Stileman
This Atathmente Sarved on the body of William Newman by mee
[No signature.]
[Court Papers, vol. I, p. 153.]
These are to sartify whom it may or shall Consarne yt a boute a weeke agon I being ye at ye Iles of Shoules I heard George Walton say to william Drew yt he ye sd walton had atached y. house and Estate of ye sd Drew to answer him in an accion for an account of fish yt ye sd Drew ought to have given to ye sd walton aboute too year agonn so far I Remember witnes my hand Junne ye 30 day 1663 Tho Booth
[Court Papers, vol. I, p. 155.]
Witnes these presents that I Thomas Nock of dover doe acknowlge my selfe to be Indebted unto Walter Barefoote of y· fore sd Dover for & in Consideration of goods recd by me Nocke of ye sd Barefoote to ye value of eleven pounds five shill & eleven pence and to ye afore sd some I bind me my heirs to pay unto ye sd Barefoote or his assignes the full some of eleven pounds five shill: and eleven pence in mercht white oke pipe staves or mercht boards at fortie five shill pr thousand ye sd boards square edged witnes my hand this eighteenth day of Decem' 1662
thomas nock
witnes Thomas Read the marke of Elizabeth X Langley owned in Court by Tho: Nock the 1º July 1663 as attests Elias Stileman Cler [Court Papers, vol. I, p. 155.]
Wee Whose Names are Heere Underwritten Being Chosen Select men for ye towne of Portsmoth Doe thinke Itt fitt and
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NEW HAMPSHIRE COURT RECORDS
Convenent that Edward West Keepe The Ordnary Upon Great Island In Pascattaque By Reason yt wee Heere and See yt He Keepes In his house Very good Orders allsoe Very Nescesary & Civell accomendations Boath for Strangrs & Others: as Wittnes Our Hands This 4th July 1663
Henry Sharborn Nathanell Drake Jon Hunkinge
Samuell Haines James Pendleton
[Court Papers, vol. I, p. 157.]
The Deposition of John Patrige aged aboute 26 yeares & Mary his wife beinge sworne sayth
That aboute six weekes since Thomas Parker (shoomaker) beeinge at theare howse heard the sd Parker say that m' Moodye had to speciall ffrends in this towne women the one m' ffriers wife & shee supplies him with Ribbin or . , for his cloathes & william sevyes wife & shee supplied him with coks & hens for to feed ungodlie gutts or wicked gutts & further the sd John Patrige sayth that hee heard the sd Parker say that m' Moodye was a lubber more fit for the plow tayel then for a pulpitt & further sayth not taken upon oath the 30 of Janiary 1663 Before mee Brian Pendleton Comisioner
[Court Papers, vol. I, p. 159.]
At a towne Meeting held the 14th Aprill 1650
It is ordered this towne Meetinge that every ordinary Keeper in this towne shall pay for every pipe of wine they draw twenty shillinges.
Ditto ye 13th September 1652
It is ordered yt from henceforth all licenced persons shall give a just accoumpt of what wine they shall take into his house for sale within 3 dayes after ye receipt of the same the which ac- coumpt is to be given unto the towne treasurer m' Henery Sher- borne upon forfeiture of such wines as shall be neglected for
507
NEW HAMPSHIRE COURT RECORDS
french wines' 5% { hhd for all other wines 10' 2 hhd and for other small Caske portionably.
Ditto ye 28th gber 1653
That wheareas theire was an order made y· 13th Septemb' 1652 yt all licensed persons within this towne should bring in accoumpt of wt wines they shall take in to draw within three dayes after it be receaved by them on forfeiture of the said wines and also to pay for ye drawinge of all such wines to the treasurer for ye townes use as is expressed in the foresaid order yt is to say 5% { hhd and also of sacke 10' ? hhd and for all other Vessells proportionably Wee present select men of the towne doe Confirme the above said order for ye use and good of the towne.
March 14th 1654
It was and is this day generally agreed on that the wine sellars shall all pay for theire drawinge of wine according to ye orders formerly made by the select men and the select men are heareby ordered that they forthwith use meanes for the procuring of the same for the use of the towne.
At a Towne Meetinge ye 19th Decembr 1659 held ? the select men
It is ordered this day that Walter Abbot is to pay the just some of tenne poundes for his wine drawinge untill this date and farther he is from this present to agree with the select men for farther drawing wine and Liquors after this date.
These five orders made by the select men of Portsmouth are true coppies taken out of the towne book as wittnesse our hands this 3 day of februaire 63. 64
Henrie Sherburne James Pendleton Jo" Hunkings
[Court Papers, vol. I, p. 161.]
The Deposishon of samuell whedin ayged about 30.
This deponant was Required by the Constable of strabry banke to ayd and assist him In Executing a Levell which was
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NEW HAMPSHIRE COURT RECORDS
deleved to hime by the select men of the same towne and this deponant doe her testyfy that walter Abbot sayd he would nocke the Constabells Brains outt if hee tocht any oxcon of his and stod with his axe Redy to stricke the sayd Constabell and sayd hee would Loes his heartt blood befor hee shuld have any oxcon ther and swoer by God and by Gods Bloud that hee shuld have knoe oxcon ther and this deponant will testyfy the same Juenuery ye 21 : 1663
Sworne in Court 2ª ffebruery 1663 Ric: Stileman Clerke
[James Drew, aged about 30, deposed the same on the same date.]
[Court Papers, vol. I, p. 163.]
To ye Constable of Dover or his Depte
you are required in his Majtes Name to attach ye goods & for want thereof the body of Thomas wiggins, and take bond of him to the value of Six thousand merchantable white oake pipe staves, with Suficient Securitie for his Apearance at ye next court of associates to be held for ye county of Dover and Portsmouth, then and there to Answer to ye Complaint of Nathaniell Fryer in an accion of Debt Due by the non payment of a bill for five- teene hundred of merble white oake pipe staves with due dam- edge, and soe make Returne under your hand - da: ye IIth day of Jan'ry - 1663/4 ₱ Curia Elias Stileman
Take notice that ye first Tuesday of february next being ye 2ª day of ye moneth ye Court begins
This warrant was served on ye body of Thomas wiggons the 20th day of Jan'ry by me Jerimiah Tibbet Constable
[Court Papers, vol. I, p. 163.]
The deposition of Phillip Lewis aged about fourty yeares
Saith he being at Tho: Beards house at Dover the last Somer about June heard Tho: Beard making a bargain with John Wood-
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NEW HAMPSHIRE COURT RECORDS
man about a servant of the said Beards to serve Woodman; The Tearmes betwixt them was agreed upon, the servant alsoe Con- senting thereunto, where upon woodman told the servant before his master that he paid a great deale of mony for him wch with his wages & clothing would come to a great matter or sume, but the quantity this deponent remembreth not, whereupon the deponent said to the servant, thou hads need be a good servant to the master for he payeth a great deale for thee, & the servant made answere againe that he hoped he should, or words to that effect. further this deponent affirmeth that he heard woodman say to him that the servant by report was not well used where he was, but being with him he should not want for vitles & clothes & that he would make him worke, and that he would be with him for the most parte him selfe. further saith that he was to receave the said Servant some certaine weekes after that time, but the sett time he knoweth not & further saith not. Dated feb: 2: 1663.
Sworne in Court Ric: Stileman Clerke
[Court Papers, vol. I, p. 165.]
To the Constable of Oyster River or his deputie
You are hereby required in his Made name to Attach y. goods & for want thereof ye bodie of William Drewe & take bond of him wth sufficient sureties to ye value of Nintie nine pounds for his appeareance at ye next Court to be holden at Dover or Ports- mouth to answer ye complt of Geo: Walton in an accon of Acco' for not giveing an Accot of a voyage of ffish ye Traine web y· said Wm Drewe made & for detaineing ye said ffish & traine of the said Waltons #t contrarie to promise hereof faile not at y' perill & make a true returne under yor hand dated this 3º 4 mº 1663. By the Court Elias Stileman
Attached the house & Land of Wm Drew (to answr this acc'on) ye 25° June 63 H me Charles Adams Constable
the Constable affirmed that he Left a sum'ons at his house. Dovr Court It July 1663 as attest Elias Stileman Cler
...
.
510
NEW HAMPSHIRE COURT RECORDS
[Court Papers, vol. I, p. 167.]
To the Marshall or Constable of Portsmouth or either of theire Deputies:
you are hereby required in his Maties name to Attach the goods and for want thereof the bodie of Edward Clark and take bond of him with sufficient sureties to the value of ffiftie pounds for his appeareance at the next Countie Court to bee houlden at Dover or Portsmouth to answere the complt of Phillip Lewes in an acc'on of the case for not returneing his servant according to lawe wch he had in his custodie by virtue of a warrant hereof make a true returne under yor hand - 23 May 1663
{ Court Elias Stileman
this Attachmend was sarved on the hous & land of Edward Clark the 23 of June 1663 by mee
huybrecht matton marshall
[Court Papers, vol. I, p. 167.]
To the Marshall of Portsmouth or his deputie
You are hereby required in his Majte name to Attach the goods & for want thereof ye bodie of m' Edward Loide and take bond of him with sufficient sureties to the value of fiftie pounds for his appearance at the next Countie Court to bee houldentat Portsmouth or Dover to answere the complt of John Amenseane in an acc'on of the case for with houlding a debt of Twentie five pounds sterling due by Bill with due damages hereof make a true returne under yor hand dated this 8th of November 1662
₱ Court Elias Stileman ??
I make otho tuckerman constable my . . . depte to 'sarve this attachmend by mee huybrecht matton marshall
Attached the person of mr Edw: Lyde & he delivered some goods into my hand for security the 8º Nov 62 # me Otho: Tuckerman marshalls depte
[Court Papers, vol. I, p. 169.]
Know all men by these presents that I Edward Lyde doe; en- gage the things following Unto Otho: tuckerman for his security
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NEW HAMPSHIRE COURT RECORDS
to answer to the Complaint of John amentian in an action by him Comencte to answer also the Judgment of the Court which shall bee holden at dover or portsmouth next which are to say two Couerds on Chest of draers two trunkes a pare of Vergenels two tables a dozen of Chaires halfe a douzaine of bar Chaires and In Causse of the Unperformance of the said apearance I doc heere by grant a law full forfiture of the same as witness my hand this 15 novemb' 1662 Edward Lyde
there is like ways two feather beds some ditches two plats seaven poringers two puter pots two handirons a spit and a gridairne with a fri pane and a pare of tonges, to all the premi- esses above mentioned I the said otho tuckerman am and shall bee willing to take any sorte or kinde of goods at money price at or bee fore the Court is or shall bee holden and the same to bee Judged by two Indefferant persons and all soe to free the goods mentioned on the other saide In delivering any other goods as in the other side mentioned where unto I Sett my hand the 15 nov 1662 Edward Lyde
wittnesses John X lewis his marke
otho X tuckerman his marke
[Court Papers, vol. I, p. 173.]
my passage beinge paid from New found Land to New England in the good shipp Called the Jean, I, Thomas Coomes doe of my owne free & voluntary will & Consent put myselfe an Apprentice unto Thomas Beard of Dover, & after y· manner of an Apprentise wth him to dwell from ye day of the date hereof unto the end of five yeares from hence next ensuinge, & fully to be Compleate & ended. By & in all woh sd Terme of Time ye sd Thomas Coomes Apprentise unto ye sd Thomas Beard his Master, well & faithfully shall serve, his secrets shall keepe, his Commandements honest & lawfull every where shall doe in all such lawfull labours & businesses as the sd Thomas Beard his Master or his Assignes shall Imploy him in & about, & shall not absent himselfe from his or their service, neither by day nor by
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NEW HAMPSHIRE COURT RECORDS
night but in all things, & in all places shall behave himselfe faithfully both in words & deeds: And sd Thomas Beard ye Master unto ye sd Thomas Coomes Apprentise shall finde meat, drinke, lodgeing, washinge & Apparell duringe ye sd Terme, & in due manner shall Chastise him, & in ye end of ye sd Terme shall give him ye full sum of six pounds, & two suits of Apparell, And it is also agreed betwixt ye sd partyes that it shall & may be lawfull to & for the sd Thomas Beard to assigne & sett over ye sd Thomas Coomes to any other man for such parte of ye sd Terme as shall be then remaininge. In witness where of ye sd partyes to these present Indentures have interchangeably put to their hands & seales this present two & twentyeth day of October in ye year of our Lord one thousand six hundred & sixty & two accordinge to the english Account -
This is X Thomas Coomes his marke thomas beard
Sealed & delivered in ye presence of Hatevill Nutter Charles Buckner
I Thomas Beard of the Towne of Dover doe Assineg over unto John woodman of oyster River in the sayd Towne of Dover all my Riet and Entrest in this Indentuer heirin specified Con- cerning my Sarvant Thomas Comes wittness my hand this 27th of July 1663 [No signature.]
[Court Papers, vol. I, p. 177.]
To the Constable of Porthmouth or his Deputy
You are hearby required in his Majties Name to attach the body and goods of Racheall wabster and Richard Allison and take bond of them to the vallue of thirty eaight pounds with sufficient security for their appearance at the next Corte of Associats held at Porthmouth the second day of fabuary next, then and ther to answer to the Complaint of mr Richard Cutt in an Acc'on of Debt on acco for nineteene pounds five shillings monye as appeares by Book & writtinge under their hands, with
1
513
NEW HAMPSHIRE COURT RECORDS
due Damages, and soe make a true retorne under your hand Dated the 10 of Desember 1663 Court Elias Stileman
To the Constable of Porthmouth or his deputy
You are hearby required in his Majte. Name to attach the bodyes & goods of Racheall wabster and Richard Allison and take bond of them to the vallue of six pounds tenn shillinge with suffitient security for their apperance at the next Corte of Associats held at Porthmouth the second day of fabuary next then and ther to answer the Complaint of m' Richard Cutt in an Acc'on of Dept on acco: for three pounds five shillings 8 pence which should be pd in merch : fish as apcares in a writtinge under their hands with Due Damages, and so make a true return under your hand. Dated the 10th of Desember 1663 Curia Elias Stileman
This warant was sarved upon the bodes of Rachell Webester and Richard Allison this 18 day of Juenuery 1663 by me Rob' Eylatt Constabell
[Court Papers, vol. I, p. 177.]
To the Constable of Porthmouth or his Deputy
You are hearbye required in his Majues Name to attach the body and goods of Walter Abbett and tack bond of him to the vallue of eaighteene pounds with suffitient security for his apearance at the next Corte of Associats held at Porthmouth the 2 day of febuary next then and there to answer to the Complaint of Richard Cutt in an acc'on of dept on acco: due by booke the sume of eaight pounds eaight shill & 9 pence & so make retorne under your hand da: the 10th of Dec: 1663
Court Elias Stileman
January 19th served this Attachment on the person of Walther Abbatt & taken bonds of him for his appeareance at the Court within prefixed by me Robert Ellett
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NEW HAMPSHIRE COURT RECORDS
[Court Papers, vol. I, p. 179.]
The Deposition of Enoch Howchin [Hutchins.]
Who being sworne saith That about three weekes since being one evening at Goodman Pickerings house, Gowin Willson & severall others being present, he saw Tho: Parker there (a shooemaker who inhabiteth upon ye great Iland) who was very much in drinke, as ye deponant did apprehend, & upon what occasion ye deponant knoweth not, but suddenly ye aforesd Parker began to curse & swear, railing against both Mr Cutt Mr Moodey Mª Frier & Capt. Brian Pendleton saying that ye old dog Mr Pendleton did owe him foureteene pence, wishing that he had sope or any thing for it. Mr Frier he was a bastard & had a hundred fathers, oweing him two shillings & yet that dog will not let him have bread wthout money but have it he would or have his throat cut. M. Moodey he was a whore m', Mr Rich: Cutt was a bastard & a Cheater, askeing for what he sould move then ye worth wishing him to ye devill. Mr John Cutt that dog would have him come thither to live telling him he might have better tradeing there then bellow ye Riv' saying he was a whores bird haveing many fathers, & as he spoke of any of these #sons he cursed them
Taken upon oath the 23: of Jan'ary 1663 Before mee
Brian Pendleton Comisioner
[Court Papers, vol. I, p. 181.]
The deposition of Andrew Searle Aged about ffifty yeares
This deponent saith that about January in the yeare 1662 for the very day this deponent is not certayne that he the said de- ponent beinge with Sarah Abbott att the house of John Jaxston the lder wher the said Sarah did drinke of strong lickquer and afterward departed from the said Jaxstons house withe the said deponent to goe to her home but by the way she desired the said depont to call in to John Jones his house which hee did & both this deponent and the said Sarah the now wife of Walter Abbott were invited to come into the house which they did and then ther
,
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NEW HAMPSHIRE COURT RECORDS
was lickquor sent for to give them to drinke and ther the said Sarah did drinke of it in so much that shee was so Drounke that she was neither Able goe nor stand but was ledd home by her daughter sarah wills and by Christian the wife of ffrances Rand and in a very sadd condiccon after shee came home to her house and farther this deponent saeth not
Sworne in Court of Asociates 2ª ffebruary 1663
Ric: Stileman Clerke
[Court Papers, vol. I, p. 181.]
To the Constable of portsmouth or his deputye
you are hereby Required in his Majesties name to summon thease parsons under written to answere to theare presentments the Last Countye Court holden at Dover this Court bee at strabery Banke the 2 day of ffebrearye 1663 beinge the Court of Asosiates
sarah Aboot wife of water Aboot John Pickerin Barnard squire Henry savage not appeared George walton & his wife
us Brian Pendleton Richard Cutt
This prsons within Riten war all sowmansd befor the 26 day of Juenuery 1663 by me Rob Eylat Constabell
[Court Papers, vol. I, p. 183.]
To ye Constable of Dover or deputie
You are In his Majesties name requierd to Attach y· bodye and goods of Thomas Beard and John Woodman and take Bond of them to ye value of thirty Two pounds with sufficient suerty for their Appearanc att ye next Court of Associates to be holden att portsmoth ye first Tuseday of february next then and their to Answer ye Complaint of ye selectmen of y· Town of Dover in y. behalf of ye sayd Towne in an action of ye case for not freeing them from being Charged with Thomas Come who . . y' Towne Charge att ye presant and soe make a true return under your hand dated in dover this 14th Jenuary 1663
Curia John Hall
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NEW HAMPSHIRE COURT RECORDS
this warant was served upon the dueling houes of John Wood- man the 27 day of Juenuery 1663 by me
Jeremiath Tibbatts Constabell
and Tho. Beards body and Lott Ling by Thomas Laiton and John Dam in Dover the 21 of Juenuery 1663 # me Jeremiath Tibbatts Constabll
[Court Papers, vol. I, p. 183.]
To the Constable of Portsmouth or his Deputie
You are hereby required in his Maties name to Attach the bodie and goods of James Keate and take bond of him with sufficient sureties to the value of Twelve pounds for his appear- ance at the next Court of Asociates to be houlden at Portsmouth on the Ist Tuesday in ffebruary being the second day of the mounth to answere the complt of Walther Abott in an acc'on of debt of Nine pounds foure shillings eight pence due by bond for non payment of foure pounds twelve shillings four pence on the 28° of December last wth due damages and make a true returne under yor hand hereof faile not at yor perill dated this 25° of January 1663 # Curia Edw: Rishworth
This Attachment was served on ye 27° January 1663 on the house & Land of James Keat + me
Robt Elliott Constable
[Court Papers, vol. I, p. 183.]
To the Constable of Portsmouth or his Deputie
You are hereby required in his Maties name to Attach the bodie and goods of Joseph Attkinsonn and take bond of him with sufficient sureties to the value of Twelve pounds for his appearance at the next Court of Asociates to bee houlden at Portsmouth on the Ist Tuesday in ffebruary being the second day of the mounth to answere the complt of Walther Abbott in an acc'on of the case for with houlding a debt of about Sixe pounds Due by Booke wth Due damages and make a true returne under yo' hand hereof faile not at yor perill Dated this 25th of January 1663 ₹ Curia: Edw: Rishworth
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NEW HAMPSHIRE COURT RECORDS
This warant was served upon the houes and Land of Joseph Adkison the 26 of Juenuery 1663 by me
Rob: Eylatt Constabell
I Robert Eylat after I had sarved this warant as Above men- chned Com to walter abbot and bed him send Joseph Adkson a somans for when I served the warant uppon his houes he was nott att home
[Court Papers, vol. I, p. 185.]
This #sent wittneseth that wee Rachell Webster & Rich: Allison Doe hearby in gaudge our selves exc" & Administ" to pay unto Rich: Cutt or his order the sum of seventeene pounds it beinge for one pipe of wine to say fourty shillings in mony & fiveteene pounds in mich: dry Cod fish to be payd at the Ile of Shoules at or befor the fiveteene of June 1662 & the fish to be d'd at the Least ten quintall mdh: together, and this obligation is the agreement for as many pipes of wine as ye abovesd ptys shall rec of sd Cutt ech pipe . .. bove is specifyed the time then expressed to have full payment in Wittnes of the true ?form- ance wee bind our selves Joyntly & severly Dated this 27 of 9" 1661
Rachell X webster Richard Allison
Wittnes testafy Samuell Baratt Symon Peake
[12 more pipes acknowledged as received on various dates.]
[Court Papers, vol. I, p. 187.]
The Deposition of Wm West aged 23 years sath that John Jones servt to Jnº Lewis was by him putt to m' ffrancis Morgan to be cured of a sore Legg & before it was well sa Lewis fetched him away from sª Morgan against sª Morgans mind & consent & after he had him home (as ye sd servant told this deponent) waded in ye water before he was well weh was a retarding & hin- drance to his cure
24 march 1672-3 taken upon oath before me
Elias Stileman comis'
518
NEW HAMPSHIRE COURT RECORDS
[Court Papers, vol. I, p. 189.]
Province of Mayne
Att a Court houlden at Yorke for the westerne devission of this Province this 9th day of July 1667:
Letters of Administration granted unto John Dyamont Junior of the estate of John Dyamont Senior, deceased, as a Coopartner with him In the same estate, soe fare as ye sayd John Dyamont Junior ingagd or Concernd with his father yrin, ffor the true performance wrof wee John Dyamont Junior & Francis Raynes by these presents bind our selves & estates In a bond of foure hundred pounds to respond all Legall rightts due from the sd estate, wch is to bee done at the Court of pleas houlden for the westerne devision of this Province, being . . . 9th: 1668:
# Curia: Edw: Rishworth Record"
.
[Court Papers, vol. I, p. 197.]
The Deposition of Cap" William Sowtone aged about
. ..
I being at ye house . . . waye fish yr being one barnd Squire . given him abuse ye sd Cutt wth . . . as to be revenged of him he being one . . . followd him up to ye dore & y" Called him Cheating Knave wheare upon ye sd Cutt went to push him & yn ye sd Squire Layd holt of his heire & handketcher & soe fell backward to ye ground & ye sd Cutt atope upon weh ye sd Cutts wife wth ye rest of his family Came out of ye house & weare in great feare seing ye sª Squire having holt of his heire: soe far as I was doubtfull it would prove to ye Hurt of mrs Cutt she being great wth Child & after yt mrs Cutt wth her mayds stood in ye porch ye sd squire tooke up a salt tube wth 4 handles & flung it in a monge ym wch if it had taken any of ym Especially m™ Cutt he might undune ym for Evr & he swore sever11 oath in ye same time
portsm° It august 1667 Taken upon oath before me
Elias Stileman Com'is"
519
NEW HAMPSHIRE COURT RECORDS
[Court Papers, vol. I, p. 193.]
the depshon of John Edwards about the eage of 33 yeres of eage this depondend seath that being in presents with Rodger Dearing & Thomas Jackson I see thomas Jackson gave a note to Rodger Deareing for to goe to his unkell John Jackson for the part of acabell bove of m' Nicholas braddish which part of acabell I see upon a sworne account that Thomas Jackson had paid his part, & to my best Remembrance when I made up the account be twine them there was but on quarter of beafe that Rodger Dearing had paid for that the Rest of the onners had not made Sattiesfacshon for this I can declare and noe more and forder this deponant seath not
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