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ALLEN COUNTY PUBLIC LIBRARY
3 1833 01101 6661
Gc 974.401 Es7q v.1
2164597
REYNOLDS HISTORICAL GENEALOGY COLLECTION
Digitized by the Internet Archive in 2010 with funding from Allen County Public Library Genealogy Center
http://www.archive.org/details/recordsfilesofqu01mass
1
RECORDS AND FILES
OF THE
QUARTERLY COURTS OF
ESSEX COUNTY
MASSACHUSETTS
VOLUME I 1636-1656
SALEM, MASS. PUBLISHED BY THE ESSEX INSTITUTE 19II
8 2
7335-5
ALLEN COUNTY D THIC LIBRARY EORI WAYNE, INDIANA
2164597
THREE HUNDRED COPIES PRINTED
NEWCOMB & GAUSS, PRINTERS SALEM, MASSACHUSETTS
sTew283
INTRODUCTION
THE Charter of " The Governor and Company of Massachusetts Bay in New England," granted March 4, 1628-9, provided that annually there should be chosen from among the freemen of the Company, a Governor, Deputy-Governor and eighteen Assistants. Among the duties prescribed for this governing body was that of holding
" vpon every last Wednesday in Hillary, Easter, Trinity and Mich [aelm ]as termes respectivelie for ever, one greate, generall, and solempe Assemblie, which foure Generall Assemblies shalbe stiled and called the Foure Greate and Generall Courts of the saide Company."*
For a number of years this Court exercised the entire judicial powers of the Colony but with the increase of population there came a necessity for additional tribunals, and at a session of the General Court held in Boston on March 3, 1635-6, the following law was adopted :-
"Further, it is ordered, that there shalbe ffoure Courts kept eury quarter, 1, att Ipswch, to which Neweberry shall belonge; 2 att Salem, to wch Saugus shall belonge ; 3, att Newe Towne, to wch Charlton, Concord, Meadford, & Waterton shall belonge; 4th, att Boston, to wch Rocksbury, Dorchestr, Weymothe, & Hingham shall belonge.
"Eury of their Courts shalbe kept by such magistrates as shal [lbe] dwelling in or neere the said townes, & by such other psons of worth as shall from tyme to tyme be appoyncted by the Gentall Court, soe as noe Court shalbe kept without one magistrate att the least, & that none of the magistrates be excluded, whoe can & will intend the same; yet the Gen'all Court shall appoynet wch of the magistrates shall specially belonge to eury of the saide Court. Such psons as shalbe ioyned as associates to the magistrates in the said Court shalbe chosen by the Gen all Court, out of a greater number of such as the seu all townes shall nominate to them, soe
*Records of the Governor and Company of the Massachusetts Bay in New England, Boston, 1853, Vol. I, p. 11.
iii
iv
INTRODUCTION
as there may be in eury of the said Courts soe many as (with the magistrates ) may make fyve in all. Theis Courts shall trie all civil causes, whereof the debt or damage shall not exceede x1, & all criminall causes, not concerneing life, member, or banishint. And if any pson shall finde himselfe greived with the sentence of any the said Courts, hee may appeale to the nexte greate Quarter Court, @vided that hee putt in sufficient caucon to psent his appeale with effect, & to abide the sentence of the magistrates in the said greate Quarter Court, whoe shall see that all such that shall bringe any appeale without just cause be exemplaryly punished.
" There shalbe foure great Quarter Courts kept yearely att Bos- ton, by the Gou'n' & the rest of the magistrates; the first, the first Tuesday in the 4th moneth, called June ; the second, the first Tuesday in Septembr ; the third, the first Tuesday in Decembr ; the fourthe, the first Tuesday in the 1th monethe, called Marche. The inferior Courts shalbe kept the 1th, the last Tuesday in June, & the rest the last Tuesday in eury of the said monethes.
" All accons shalbe tryed att that Court to wch ye deft belongs.
" All offenders which shalbe in the prison att Boston att the tyme of any Court there holden, shalbe tryed att that Court, ex- cept in the wart of his comitmnt hee be reserved to the greate Quarter Court. And it shalbe lawfull for the Gou'n', or Deputy Gou'n', or any two magistrates (vpon speciall & vrgent occacon), to appoyncte Courts to be kept vpon other dayes then in this order are appoyncted."*
The first session of this Court in Essex County was held June 27, 1636, at Salem. With the continued increase of population there came a demand for more frequent sessions of the Courts and on June 2, 1641, the General Court established four quarter- annual courts as follows :-
" Whereas it is desired by this Court to ease the countrey of all unnecessary travells & charges, it is ordered, that there shalbee 4 Quarter Courts kept yearly by the matrats of Ipswich & Salem, wth such others to bee ioyned in comission wth them as this Court shall appoint, not hindering any other matrats that will help them; this order to take effect after these next Quarter Courts shalbee ended at Salem & Ipswich, two of these Quarter Courts to bee kept at Salem & the other 2 at Ipswich, the first Court to bee kept the last third day of the 7th month at Ipswich, (& the rest at the same time the former Courts were), the next quarter at Salem, the 3ª qrter at Ipswich, the 4th at Salem, & the matrats of Ipswich & Salem to at- tend every of these Courts, but no iurymen to bee warned from Ip- swich to Salem, nor fro Salem to Ipswich; to each of these places
*Records of the Governor and Company of the Massachusetts Bay in New England, Boston, 1853, Vol. I, p. 169.
V
INTRODUCTION
a grand jury shalbee warned once a yeare, & these Courts to have the same power, both in civill and criminall causes, the Court of Assistants hath at Boston, except tryalls for life, limbs or banishmt, wch are wholly reserved to Boston Court; provided, it shalbee law- full to appeal from any of these Courts to Boston. And it shalbee in the liberty of any plantiffe that hath an action of above one hundred pounds principall debt to try his cause in any of these Courts or at Boston ; the fines of these Courts to defray the charges of the same, & the overplus to bee returned to the Treasurer for the publique. And Salsberry & Hampton are ioyned to the iuris- diction of Ipswich, & each of them to send a grand juryman once a yeare to Ipswich."*
Massachusetts Bay was divided into shires or counties by a law passed May 10, 1643. The territorial limits of Essex County were much as they are at the present time, save that all the towns lying north of the Merrimack river were established as the county of Norfolk, thereby including the towns of Haverhill and Salisbury. Norfolk County was divided into two court jurisdictions, Dover and Portsmouth forming the northern and the remaining towns the southern.
The Quarterly Courts in the southern jurisdiction were held at Salisbury and Hampton and the records of these sessions are in- cluded in the following pages until Feb. 4, 1679-80 when the towns of Haverhill, Amesbury and Salisbury were placed within the jur- isdiction of the Essex County Courts.
These County Courts or Inferior Quarterly Courts had juris- diction in civil and criminal cases except in cases of divorce and crimes involving life, limb or banishment. They had power to summon grand and petit jurors, to appoint their own clerks and other necessary officers, to lay out highways, license ordinarys, to see that a proper ministry was supported, to prove wills, grant administrations and to have general control of matters in pro- bate. In 1664, they were authorized to admit freemen. In general, they had jurisdiction in all matters not reserved to the Court of Assistants, which was the Court of Appeal. The writs, declara- tions, and other pleadings, complaints, indictments, and course of proceedings in the courts were simple, brief and informal. For the first twenty years the testimony in a trial was written down by the
*Records of the Governor and Company of the Massachusetts Bay in New England, Boston, 1853, Vol. I, p. 325.
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INTRODUCTION
clerk of the court and became a part of the records in the case. But in 1650, on account of " the inconvenience of takeinge verball testimonyes in Court by reason of many imptinencyes in theire relations, so that the clarke cannott well make a fit record there- of "* it was ordered, that henceforth all testimony be given in writ- ing to be attested in court if the witness lived within ten miles of it, and before a magistrate, if the witness lived at a greater dis- tance. These statements or depositions went to the jury who re- turned them to the court with their verdict.
The records of the Essex County Quarterly Courts for the colonial period (1636-1692) are now preserved in seventeen volumes. There are also copies of Norfolk County records (southern jurisdiction), in two volumes, made in 1852 by David Pulsifer. The originals from which these copies were made are not in the custody of the clerk at the present time and seem to have disappeared.
ESSEX COUNTY QUARTERLY COURT RECORDS.
Inclusive dates of records
Volume number
Salem Courts,
27 : 4 : 1636- 25 : 11 : 1641, 58 numbered leaves
66
7 : 1638- 1 : 1 : 1647-8, 232
14 :9 : 1648- 26 : 4 : 1655, 77 unnumbered leaves
(3)
29 : 9 : 1655- 19 : 9 : 1666, 178 numbered leaves (4)
June 25 : 1667- 24 : 4 : 1679, 135
(5)
25 : 9 : 1679-Apr. 24 : 1692, 81 unnumbered leaves (6)
66 30 : 4 : 1674- 29 : 9 : 1681, 90 numbered leaves (7)+
66 June 27 : 1682-Nov. 24 : 1685, 155 (8)+
Ipswich Courts, Mar. 31 : 1646- 25 : 7 : 1666, 158 numbered pages (11)
4 : 9 : 16451-May 5 : 1663, 75 numbered leaves (12)+
29 : 4 : 1664-Sept. 29 : 1674, 134
(13)+
Sept. : 1682-Apr. 20 : 1686, 63
€6 (14)+
66
April : 1666-June 20 : 1682, 382 numbered pages (-)
Sept : 26 : 1682-Mar. 29, 1692, 89 unnumbered leaves (15)
Births, marriages and deaths, 1654-1691, 60 numbered leaves (19)
66
66 1658-1701, 98
(-)
66 66 1663-1786, 128
(-)
*Records of the Governor and Company of the Massachusetts Bay in New England, Boston, 1854, Vol. III, p. 211.
+Probably a " waste book," i. e. a preliminary, rough record made by the clerk.
#No earlier records of the Ipswich court have been preserved, save the sessions for 28 Dec., 1641 and 29 March, 1642 which are recorded in the Ipswich town records.
(1) (2)t
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INTRODUCTION
NORFOLK COUNTY QUARTERLY COURT RECORDS.
Salisbury and
Hampton Courts, 26 : 7: 1648-Apr. 12 : 1670,* 79 unnumbered leaves (16)
8 : 8 : 1672-Nov. 11 : 1679, 112 ¥ (17)
Births, marriages and deaths, intentions of
marriage, ear marks and strays, 1670-1747, 375 numbered pages (-)
Supplementing the record books kept by the clerks of the courts is a large collection of original papers consisting of presentments, depositions upon almost every conceivable subject, correspondence and documents of greatly varied character, deeds, wills, invento- ries of estates, contracts, attested copies of records, papers con- nected with the witchcraft trials, apprentices' indentures, inquests, writs, executions, and papers of every kind connected with the various cases. These papers or files, connected with the Salem and Ipswich courts, are arranged and mounted in fifty-four folio vol- umes and there are two volumes of papers relating to Norfolk County. " Waste books" or books of preliminary records were kept by the clerks and when the entries were transcribed into the books of permanent record, not infrequently a word or a phrase was overlooked or omitted. Such omissions are here included within brackets with proper indications as to their source.
The records and files are here printed in abstracted form, free from needless verbiage, but every essential particular is retained so that the historian, genealogist and sociologist may be assured that nothing of value has been omitted. The subject matter in leaded type above the line, is taken from the clerk's books of records. That below the line, set in solid type, is found in the files. The footnotes appear below. But little attempt has been made to eluci- date the text or the obsolete spelling by means of footnotes, but autograph signatures and seals are always noted. Names and words are spelled exactly as they appear in the original records or files, but they have been indexed under modern spelling when the mod- ern form could be determined. Nearly all of the contractions used appear in the original record and are easily understood.
In modernizing the early dates it should always be remembered that previous to the adoption of the Gregorian calendar by Act of Parliament to take effect Sept. 2, 1752, the month of March was
*The records of sessions of the court between 3 : 8 : 1654 and April 8 : 1662 are lacking.
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INTRODUCTION
the first month in the year and " double-dating" prevailed between Jan. 1st and March 24th inclusive, in each year, so that 21: 12 mo : 1656-7, when modernized, should read Feb. 21, 1657.
Cordial acknowledgment is due to the Board of County Commis- sioners for the County of Essex, who, appreciating the present and future value of these records, have heartily co-operated by assum- ing the larger part of the cost of abstracting. Thanks are also due to Edward B. George, Esq., Clerk of Courts for Essex County, and to his corps of assistants, for facilitating the progress of the work in every way. The work of abstracting the frequently obscure originals and of arranging the copy has been done by Miss Harriet S. Tapley, but the final proofs have always received the careful in- spection of Sidney Perley, Esq., who at all times has encouraged and aided the work.
Salem, Mass. November 1st, 1911.
GEORGE FRANCIS DOW, Editor.
RECORDS AND FILES OF THE QUARTERLY COURTS OF ESSEX COUNTY, MASSACHUSETTS.
ON the cover of the first volume of records is written the form of oath for commissioners and for constables, together with memo- randa showing when various constables took the oath.
" The Forme of an oath for Commissioners : You doe heere take God to witness and doe sweare by his name that in all causes or controversies that shall come before yo" you will in Gods feare use yo" best skill & abilitye dilligentlie to search out & rightlie to judge wtrout ptiallitie betweene cause and cause & ptie & ptie ac- cording to the testimonie & euidence that is brought before you. so help you God."
" The forme of an oath for the cunstables, 28 : 1 : 1637 : Whear- as you are chosen to the office of a cunstable wthin the towne or liberties of Salem for the space of a yeare un[til a] new be chosen in yor roome, you doe heare sweare and take God to witnes that you will faithfully serue this Comonwealth in the said office, dure- ing all the said tyme, you shall carefullie see to the p'servaco of the peace, you shall arrest all such as in yo" prsence shall goe about to disturbe the same & carie them to the next maiestrate, you shall duly execute all warrants and comandes delieuered to you from Lawfull authoritie. you shall endeuor to find out and prsent all disorders in comon victualling howsses & all offence of drunken- ness and you shall see that true weights & measures be kept and vsed by all men in your towne. so help yo" God."
William Meades sworn constable of Gloster 22: 9 : 1648.
Phillip Virrin sw : x : 2 mo : 1637.
Mr. Gardener.
Jno. Alderman sworn 8: 5 mo : 1639.
Gervas Garford sworn 13: 1: 1639.
Edward Tomlins de Lyn sw : 31 : 1: 1640.
Edward Burcham sw : 31 : 1 : 1640.
Robt. Elwell sworn 30: 4 : 1640.
(1)
2
SALEM QUARTERLY COURT
[June
Wm. Lord sworn 1: 5 mo : 1640.
Joseph Bachler swor - of 5 mo : 1641.
- Spooner sworn 20: 8: 1641. Mr. Henry Bartholmew 10 : 6 mo : 1642. Mr. Tho. Venner swor. 10 : 6 mo : 1642. Mr. Robert Butten 29 : 9 mo : 1642. Obediah Brewen 28: 10 mo: 1642. Rich Prence sworn 27 : 10 : 1642.
John Gillo sworn constable 28 : 4: 1643.
Tho. Tresler sworn constable 4 : 7 mo : 1643.
Moses Maverik sworn constable 26: 10 : 43.
Walter Tibott for Gloster 2: 10 mo :
W. Fisk for Wenam 26 : 12 : 1643 for Salem.
Tho. Edwards 25: 1 : 1644 for Marblehead.
David Co- 10 or 11 : 5 mo : 1644. Georg Kesar of Lynn and James Axe of Lynn.
31 : 10 : 1644 Riehr. Bishop of Salem.
Phineas Fisk of Wenam.
Charles Glover of -.
Chosen constables and sworn :---
Henry Harwood 7: 2 mo : 1645 for Salem.
Nathaneell Handforth 10: 5 mo : 45 for Lyn.
Richard Johnson 8 : 5 : 45 for Lynn.
Jefferey Massy 15: 2 : 46 for Salem. Mr. Walter Price 26 : 8 : 1646. James Moulton, Wenham, 29 : 10 : 1646.
Andrew Lester, Gloster, 7 : 11 : 1646.
Henry Skerry, constable of Salem.
Mr. Robt. Mansfield and Georg Tayler for Lynn.
31 : 6 : 1647, John Sibley, Manchester.
COURT HELD AT SALEM, 27 : 4: 1636.
Present : Cp. John Endicott, Esq., Cp. Nath. Turner, Mr. Towen- shend Bishopp, Mr. Tho. Scrugge.
The last three above named were sworn as commissioners.
Corn in constable Wood's hands.
Thomas Standley, constable of Saugus, fined 10s. for absence from court.
William Woods, juryman, fined 5s. for absence from court, but excused by Mr. Humphryes.
3
RECORDS AND FILES
1636]
All canoes at Salem, at the north side, ordered to be brought " the next second day being 4 : 5 mo : 1636, unto the cove of the common landing place of the North River by George Harris his house ; and those of the south side before the Storehouse in South river," no canoe to be used under penalty of 40s. to the owner, except those approved by the surveyors, there to be viewed by John Holgrave, Peter Palfrey, Ricr. Waterman, Roger Connant and Phillip Verrin. Fine for neglect, 10s.
Salem watchmen to meet the constable at the meeting house half an hour after sunset and in the morning. Penalty, 5s.
Jury : Timothy Thomlins, foreman, Jeffery Massie, Lawrence Leech, Daniell Ray, Ricr. Waterman, Ricr. Rayman, Henry Freake, Boniface Burton, John Woodbury, Tho. Talmadge, John Smith and John Sibley.
Civil cases :-
Phillip Verin v. Francs Perry.
Jolin Symonds v. Ricr. Lambert.
Margret Swifte v. Robt. Cotta.
COURT HELD AT SALEM, 27 : 7: 1636.
Present : Cp. Jno. Endicot, Esq., Cp. Nath. Turner, Mr. Towen- shend Bishopp and Mr. Tho. Scrugs.
Tho. Standley fined 10s. for absence last court ; corn in Mr. Wm. Wood's hands to be attached.
Canoes are to be marked on day to be appointed.
William James and his wife Elizabeth held in 40li. to appear at next court in Boston to answer for confessed uncleanness.
William Dixie paid 3s. fine for taking 3s. per day. James Smith fined 20s., John Stone and Jno. Sibley fined 3s. each for taking excessive wages.
Thomas Brooke fined 10s. " for being overseen in drink ;" fine paid by his master, who is to be satisfied by Brooke working out of time.
Jno. Adams whipped for running away from his m[aste]r Thorndik.
Mr. Thomas Serugs fined 5s. for a pound breach.
Jury : Jno. Blackleech, foreman, Charles Gott, Phillip Virrin, Thomas Gardener, Lawrence Leech, Jeffery Massie, Thomas Smith, John Carman, Robt. Driver, Sarg. Walker, Robt. Bottfish and Tho. Coldham.
4
SALEM QUARTERLY COURT
[Dec.
Civil cases :-
Robt. Cotta v. Sargt. Dixie. Assault.
Robt. Cotta v. Wm. Jeggle. Assault and battery.
Michaell Sallows v. James Smith. Trespass.
Georg Emerie v. Ben. Felton.
Matthew Weston v. Richd. Hutchens. Debt.
John Stone v. Ricr. Hollinworth. Mr. Peters mentioned. John Horne and Samnell Archer by the procurement of Richr. Hollin- worth to view the trees he felled within 6 days.
John More v. James Smith.
COURT HELD AT SALEM, 27 : 10: 1636.
Present : Mr. Jno. Endicott, Esq., Cp. Nathaneell Turner, Mr. Townshen Bishop and Mr. Tho. Scruggs.
Richard Hollinworth to answer for misdemeanors at the General Court in the Bay. Withdrawn upon his submission, etc.
William Dodg's boy whipped for running away from his master several times.
Jno. Luff to sit four hours in the stocks for resisting constable Weston.
Thomas Gay presented for defaming John Pikworth.
The worshipful John Humphreys, Esq., fined for absence and not giving warrant to the constable of Saugus to warn a jury to serve the Commonwealth this court ; and also to demand five shill- ings for Willia Wood. Remitted 26 : 10 : 1637.
Josua Holgrave ordered to appear for pound breaches.
R. Fogg ordered to collect fines.
Jury : Robt. Molton, foreman, Phillip Virrin, Daniell Ray, Rer. Waterman, Jeffery Massy, Ricr. Raymt, John Hardy, Peter Palfrey, Roger Conant, Law. Leech, Jno. Black and Geo. Willia[m]s.
Civil cases :-
John Pike of Newbury, atty., p. Mr. Eson v. Robert Coles.
John Sweet v. Thomas Bushrode, p. Mr. Johnson's atty.
Thomas Babb, atty. of Xptor Browning v. Hugh Browne.
Tho. Babb v. Thomas Gray. Verdict for plaintiff, 8li. beuer and 4s. costs.
Mr. Babb v. Stukley Wescott.
Mr. Babb v. Jno. Pride and Wm. Vinson *.
* John Pride's memorandum, dated Jan. 20, 1636 :- 7 shirts at 4s., 1li. 8s. : 1 pair worsted hose and garters, 5s. 6d. ; 4 1-2 yds. rib-
5
RECORDS AND FILES
1636]
Ricr. Saltonston, Esq., and Stephen Apleton, ex'rs of Sara Dillingham, by their atty., Thomas Weld, v. Elias Stilman.
COURT HELD AT SALEM, 28 : 1 : 1637.
Present : Mr. Jno. Endicot, Esq., Mr. Jno. Humphrey, Esq., Mr. Townshen Bishop and Mr. Tho. Scruggs.
Abram Whitheare borrowed a canoe of R. Fogg, which was taken by Goodman Lord's wife, being found upon the rocks by Darbie's fort in danger, and rescued by Georg Wright. Goodman Lord was ordered to pay five shillings to Wright for his pains, and twelve pence to Whitheire for loss of time in seeking it.
Jury : Roger Conant, foreman, Law. Leech, Peter Palfrey, Jno. Woodbury, Daniell Ray and Mr. Tho. Read, all of Salem, Mr. Moses Maverik of Marblehead, Jno. Carman, Goodman Coop, Tho. Couldham, Tho. Hubberd and Robt. Bottfish, all of Saugus.
Civil cases :-
Jno. Gillo of Saugus v. Jeremy Willis.
Wm. Hedg v. Ensigne Walker and Mr. Ed. Tomlins.
Willia Comins v. James Smith.
Edm. Bridgs of Saugus v. Wm. Ballard.
Jno. Pike, atty. for Mr. Eson v. Mr. Humphreys, Esq. Debt.
Tho. Pane of Saugus v. Nich. Poore. " ye master to make good his apparell as good as he found it, & his tyme to begin in England."
Geo. Wright v. Cp. Lovell. Jeffery Massy and Robt. Moulton to settle accounts between them.
Abram Whitheare v. Cp. Lovell.
Ricr. Beefer v. Geo. Burrell.
COURT HELD AT SALEM, 27 : 4: 1637.
Present: Endicott, Mr. Roger Connant and Mr. Hathorne.
Peter Palfrey's servant Jane Wheat whipped for killing his neighbor's poultry, for lying and loitering and running away from her master.
bon, 1s. 3d .; for silk, 8d .; more ribion, 9d .; for an iron potte and left to pay for a halyitt, 11s. ; lent in mony, 7s. 6d. ; for a pound powder, 2s. ; for Mr. Babb, total, 3li. 2d.
More to John Prid :- Muskitt rest bandeler and powder and shot, 1li. 10s. ; for a bible, 5s. ; for a Codd line and 3 hooks, 3s .; 100 makrill & a qr. 100 Cod fish, 15s. ; 6 yds. fushion, 12s. Total, 3li. 5s. In all, 6li. 5s. 2d.
6
SALEM QUARTERLY COURT
[Oct.
Mr. Woods' servant Isaack Robinson whipped for running away from his master very often and enticing others to run away.
Nicholas Cary reproved for extreme correction of his maid servant.
John Talbie's wife Dorothy, for frequent laying hands on her husband to the danger of his life, and contemning authority of the court, to be chained to a post, being allowed only to " come to the place of gods worships," until she repents.
Jury : Thomas Gardener, foreman, John Woodbury, Peter Pal- frey, Thomas Olney, Samuell More, Richr. Raymt, Thomas Talmadg, Henry Collins, Willia Andrews, Robt. Driver, Willia Kinge and Robt. Bottfish.
Civil cases :-
William Wood of Saugus v. Thomas Parker. Trespass. Wit : Edw. Dillingham, Jno. Poole, John Carman and Richard Chadwell.
John More of Salem v. John Gally. Debt. Referred to the town of Salem.
John Gillo of Saugus v. Christopher Foster, ibid. Debt.
Geo. Burrell of Saugus v. Mr. Humphreye, Esq.
Garves Garford of Salem v. Geo. Roaps. Debt.
William Pester of Salem v. Francs Dent. Debt. Two cases, both void, not being warned.
William Pester, ibid v. Francs Perry.
COURT HELD AT SALEM, 3: 8 : 1637.
Present : Endicot, Mr. Jno. Humphreys, Mr. Howe, Mr. Connant and Mr. Hathorne.
Marmeduk Barniston whipped for frequent lying, burglary and running away.
Jury : Robt. Molton, foreman, John Woodbury, Lieft. Daven- port, Peter Palfrey, Edw. Batter, Tho. Olney, Francs Weston, John Balch, Rich. Walker, Robt. Driver, Willia Woods and Tho. Read.
Civil cases :-
Richard Inkersell v. Jno. Norman.
Robt. Moulton, atty. here of Jno. Grant v. Mr. Isaack Allerton.
Archiball Thompson v. Cp. Lovell. The latter being absent, attachment made.
Isaac Allerton v. Michaell Lambert.
Anthony Colebie of Ipswich v. John Hall of Saugus.
COURT HELD AT SALEM, 26: 10 : 1637.
Present : Endicott, Mr. Humphreys, Mr. Connant and Mr. Hathorne.
7
RECORDS AND FILES
1637]
Margret Weston challenged three of the jurymen of Salem, Jeffrey Massie, Edm. Batter and Anth. Dike.
Jury : Lawrence Leech, foreman, Lieft. Davenport, John Balch, Willia Allen, Rich. Brakenbury, Peter Palfrey, John Woodbury, Timo. Tomlins, Joseph Armetage, Henry Collins, Jenkin Davis and Ricr. Walker.
Civil cases :-
Isaack Allerton v. Mich. Lambert.
Wm. Pester v. Francs and Margret Weston. Defamation.
Lt. How v. Richard Chad well.
Francs Weston v. John Codman.
William Browne v. Joh. Elford.
Thomas Antram v. Nicholas Cary.
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