520 Assembly Proceedings, September 1664.

U. H.
Journal
1659-69
p. 205

sequence ffirst that the words I am Charged to speake were
spoken & soe is Charged to be in open Court now M^r dent &
other Members of the Court as also M^r Jarboe M^r Turner &
others bystanders att leaste six or seaven who hath declared
to me they can & will if need be declare vpon oathe they being
p^rsent att the same tyme that they heard noe such thing or in
that forme as most of the others my Adversarys hath proved
agl me make mencon of he haveing procured foure oathes
the persons of all which had as I can prove perfect pre-
judice ag^t my person except M^r Hide whose oathe is nothing
soe desperate or jnvective ag^t me as the others are nay yo^r
pet^r dare venture all he hath that the said Spinke cannot gett
the like oathe of any Credible person as either of the other
three hath taken all over the Province the men being of very
slender Repute in Comparison of the persons p^rsent whose
oathes if need be I can produce who only testefy of my taxing
her of a whorish or lascivious Carryage while she was my
servant & in perticular with Thomas Hughes which is most
true & vpon which I forwarning her of this fellowes Company
she impudently receives him into my howse when my wife and
I was gone to S^t Marys Lodgeing him in my wifes bed & lying
all night in the Roome with him as my serv^ts told me att my
returne & which she did not cleney when I gave her Correccon
for itt before M^rs Reynolds telling her att that very tyme I
gave her Correccon for those her whorish Carryages to which
she answered not a word.

Ordered that Judgem^t and determinacon in this Cause be
respitted till to morrow morn.

Henry Spinke pit ) The pits petⁿ & the clef^ts answere
doctor Luke Barker def ) thereto & this charge ag^t the pit
being read over the pit Ellinor Spinke her husband being

p. 206

absent by her Attorney Coll W^m Evans sayth that whereas the
def^t haveing taxed the pit in open Court Affirming that her
oathe was false & malitious is matter of fact & therefore
desireth the board to deliver their opinion & judgem^t in the
same And after some debate in the Cause the Judgm^t of the
board is that if doctor Barber vttered these words after the s^d
Ellinor had taken & given in her oathe in Court itt ought to
be judged & esteemed as matter of fact.

Then the pit craves a Jury which was granted Warr^t to
Sherr. to impannell a Jury ret. forthwith

Edward Clarke sworne & examined in open Court sayth that
after Ellinor Spinke had delivered in her oathe doctor Barber
threw itt to M^r Hall & bid him Record them for they were
false & malitious & he did not question but to proue her per-
jured And further sayth not.