Thurber Cole Defamation Suit

The following information was sent to me by Cheri Branca.

From the booklet "The Coles of Cole's Hill" by John N. Cole c.1994

A True copy from Book 1, page 37, of Bristol Co. No. Dist. Land Records: (Book 1, page 12 Copied Records)
Whereas John Thurber Senior of Swanzey Did reproach & Defame Mr. Hugh Cole Senior of Swanzey aforesd in saying he was a thief & a lyar as by evidence did appeare he said so & having no Just grounds for so saying, whereby sd Cole is prejudiced in his name & reputation & was thereby forced to defend himself by a course of Law, but by intercession of sd Thurber yt men might be mutually Chosen to end sd Difference ye aforesd Cole did comply with ye same & four men were by them mutually Chosen who received ye Witness Testimony & heard on both sides ye matter discussed & Came to this Conclusion (ye abovesd persons having entered into Bond to stand to their determination & award) Do Conclude as followeth That ye sd Thurber shall make publick acknowledgement that he hath sinned against God and wronged his Neighbour in what he in his passion did say & Desires to be humbled for ye same & to keep a strict watch over his passions for time to come. And that he had no just ground to Judge ye abovesd Cole as he had Done as ye sd Thurber acknowledged before those men mutually chosen by both partyes. Allso wee Doe award & determine yet sd Thurber shall Repay all necessary Charges that he hath put sd Cole unto for ye vindication of his reputation amounting to ye sum of twenty shillings to be paid halph in money & ye other half equally thereunto in one month after ye Date of these pe'sets.--And this to be finall end of this Difference between them as Witnesse our hands this eighth Day of May 1691
John Butterworth
Nathan Toogood
Wm. Haywood
Wm. Ingrham           Arbitrators
Recorded ye 16 of May Anno Dm 1691. pr Burton Recordr.
[at this time John Thurber Senior would have been 66 and Hugh Cole Senior would have been 63.]