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BOSTON UNIVERSITY LIBRARIES
Mugar Memorial Library
RECORDS AND FILES
OF THE
QUARTERLY COURTS
OF
ESSEX COUNTY
MASSACHUSETTS
VOLUME IV 1667-1671
SALEM, MASS. PUBLISHED BY THE ESSEX INSTITUTE 1914
THOS. P. NICHOLS & SON CO. Printers Lynn, Massachusetts
RECORDS AND FILES OF THE QUARTERLY COURTS OF ESSEX COUNTY, MASSACHUSETTS.
COURT HELD AT IPSWICH, MAR. 31, 1668.
Judges: Mr. Symon Bradstreet, Mr. Samuell Symonds, Major Genrll. Denison and Major Wm. Hathorne.
Jury of trials: Tho. Bishop, Decon Goodhue, Ed. Lomas, Robt. Kinsman, Nath. Tredwell, Wm. Tittcomb, Sam. Plummer, Wm. Morse, Jo. Pickard, Jo. Palmer, Jo. Trumble and Ens. Jo. Gould.
William Law dying intestate, court granted administration upon the estate to Faith, the widow. An inventory was present- ed and also a division of the estate to the widow and her child according to covenant before marriage, as also to the rest of the children, namely, Rebecca, Mary, Precilla and Aquilla, which were approved. Maxemilian Jewett, Richard Swan, Ezekiell Northend, John Tod and Samuell Brocklebanke, who presented the division, were ordered to procure a meet person to take the said children with their respective portions and give security and return what they do to the next Ipswich court. The six or seven pounds remaining undisposed of was ordered to be given the children or used to pay expenses in the settlement of the estate.
Job Tyler v. Thomas Chandler. Review. Special verdict found: that there was a bond of arbitration wherein both agreed to choose two men, and if they did not agree then a third was to be chosen; that two of the men did agree but the third did not; if two agreed and the agreement ended the case, they found for defendant, if not, for plaintiff. Court gave judgment for defend- ant .*
*Writ, dated Mar. 16, 1667-8, signed by Robert Lord,t for the court, and served by John Fry,t constable of Andover. George Abbut, sr., surety on bond.
Copy of writ, dated 27 : 3 : 1667, and copy of Ipswich court record, dated Sept. 24, 1667, made Oct. 15, 1667, by Robert Lord,t cleric.
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IPSWICH QUARTERLY COURT
[Mar.
Elizabeth Friar v. Tho. Judgkin. Withdrawn.
Elizabeth Fryer v. Tho. Judgkin. For the use of land. With- drawn.
John Hascall, son and heir of Roger Hascall v. Richard Dodge. Verdict for defendant .*
Daniell Needdam v. Thomas Chadwell. Withdrawn.
Copy of award of the arbitrators, Edward Denison and Isaac Johnson, copy of letter from Joseph Aldregh, copy of agreement between plaintiff and defendant, and copy of depositions of John Chandler and William Cleaves, made Mar. 30, 1668, by Robert Lord,t cleric.
Richard Post of Woburn, aged about forty years, deposed that the marshal general called at his house, 24 : 6 : 1667, to have him go to Andiver to levy the execution. Chandler said that his land was made over to Mr. Brown of Salem. The day following, the marshal being obliged to return home on account of the council sitting, gave deponent an order to take the oxen and cows and deliver them to Job Tiler, which he did. But the marshal de- clared to Chandler before Col. Crowne that the cattle must go to Roxbury upon Chandler's charge before being delivered to Tiler. Then they all went homeward as far as Shawshin river and de- ponent was left with the cattle. When Col. Crowne returned, he said that he was to take the cattle, and when they reached Sam- uel Blanchard's house, Chandler and one Stevens, constable, came running after them and took the cattle by force, notwith- standing the fact that he read his deputation publicly to them, etc.
William Crowne, aged about fifty years, deposed. Sworn, 11 : 8 : 1667, before Simon Willard.t
William Parkt testified that he went with Job Tiller to John Chandler's house upon Mar. 1, 1665, etc.
Joseph Alderegh, aged about thirty-two years, testified that Chandler came to him with the summons on Sept. 21 or 22, 1667, as "certanly as I can recken wth out an Almanake," and told said Chandler that Job Tiler did not live there then, for deponent had asked him to remove from his house because he needed the room which he used for corn. "I tould Chandeler he had noc famyly heere nor certaine place of aboade but lay some tyme at one, some tymes an other," but thought he had gone to Roxbury to his wife, etc. Sworn, 27 : 1 : 1668, before Elea. Lusher,f assistant.
*Elizabeth Hascall, aged about forty-five years, testified that the land near Beaver pond that her husband sold Richard Dodg was her father Hardy's land which he gave to her husband Roger Hascell. Sworn, 31 : 1 : 1668, before Wm. Hathorne,f assistant.
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RECORDS AND FILES
1668]
Elizabeth Fuller, executrix to John Fuller, deceased v. Samuell Younglove. Trespass. Nonsuited. By agreement upon another half entry, the same action went on. Verdict for plaintiff .*
*Writ: Elisabeth Fuller, executrix to John Fuller v. Samuel Younglove, jr .; trespass; for mowing the grass and carrying away the hay of two or three acres of her meadow lying in the west meadows in Ipswich; dated, Mar. 25, 1668; signed by Daniel Denison,t for the court; and served by Robert Lord,t marshal, by attachment of land of defendant near Goodman Russ' house. Elizabeth Fuller's bill of costs, 2li. 1s. 4d.
Edward Nealand, aged about twenty-five years, deposed that within two years he had heard Samuel Younglove, jr., affirm that the line between himself and widow Fuller began at the northeast end at a bare plat of ground on the up land and ranged against a pine tree southwest, which pine tree stands beyond Mr. Browne's meadow; but that the last year by information of Goodman Gage, he looked upon the right line ten by fourteen or fifteen rods wide in toward widow Fuller's land and had mowed it accordingly. The reason he alleged was that there was good meadow enough on the other side and that he would have some of the good as well as the bad, and he further bade deponent to hold his tongue and he should be damnified. Sworn in court.
Letter of attorney, dated, Mar. 31, 1668, given by Elizabeth Fullert of Ipswich, widow, to John How of Topsfeild. Wit: William Hubbardt and Mary Hubbard.t
Samuell Varnam, aged about forty-nine years, deposed that about fourteen years ago, he saw John Fuller mowing in these mead- ows, and men's bounds being very much lost, he asked him where his bounds were. Fuller answered where the best grass was. Sworn, Mar. 30, 1668, before Daniel Denison.t
Nicolas Wallis deposed that he was present when Fuller carried away the hay from Younglove's lot, and after discussion, they agreed to have Corporal Gage come down and define the bounds, etc. Sworn in court.
John Fuller, aged about twenty-four years, deposed concern- ing the bounds of his father's lot and said that the bounds were the same when the meadow was in the hands of Steven Jordan about sixteen years ago. Sworn, 27 : 1 : 1668, before Samuell Dalton,¡ commissioner.
Samuel Ayers testified that in a controversy between Goodwife Fuller and Samuell Younglove, she told deponent that she had agreed to give Sam. Younglove a sheep for the injury her son had done him in carrying away hay. Sworn in court.
Samuel Ayers testified that he asked Fuller if Goodman Jordon t Autograph.
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IPSWICH QUARTERLY COURT
[Mar.
Mr. Wm. Pateson v. John How. Appeal from a judgment of Major Hathorne. Verdict for defendant, the confirmation of the former judgment. Court did not accept this verdict.
Mr. Wm. Pateson v. Daniell Black. Debt. Verdict for plaintiff.
and he had not made an exchange. Fuller answered that he had not, but Jordon had suffered him to mow the further end of his meadow because it was wet, and he left him the other end that was drier because the old man did not care to go into the wet. Sworn in court.
Thomas Waite, Nicholas Wallis and Marshal Lord testified that "aboute Michallmas was twelvemonth" Younglove had an action at law against the wife, now the widow of John Fuller, etc. Sworn in court.
James Fuller, aged about twenty-two years, deposed that his father always told him, etc. Sworn in court.
John Dane, jr., aged about twenty-four years, testified. Sworn in court.
Stephen (his mark) Jordan of Newbury deposed, Aug. 11, 1667, as to the bounds when he sold to Samuell Younglove. Wit: Robert Crose. Sworn, Dec. 10, 1667, before Wm. Gerish, com- missioner. Copy made, June 26, 1668, by Robert Lord,* eleric.
Edward Neland deposed. Copy made, Mar. 26, 1668, by Rob- ert Lord,* cleric.
Elizabeth Fullar* deposed that the agreement which Young- love alleged to have made with her son James Fuller, she con- sidered of no effect, etc. Sworn in court.
Susan Fuller, aged about seventeen years, deposed concerning what her mother told Younglove. Sworn in court.
James Fuler also deposed. Sworn in court.
Phillip Pholer, sr., deposed that Goodman Fuler mowed his ground at the west meadows as well as Goodman Younglove's and to deponent's damage. So he went to the lot layers to have his bounds defined and asked the other land owners there to appear also, according to the law of the country, and requested Younglove to show his bounds. John Kimball, Thomas Kimball and one of Rollye came, but said Younglove would do nothing. Sworn in court.
John Kimball deposed that there had been a contest about the bounds of this meadow ever since he came to live thereabout, which was about nine years ago. Also that Goodman Fuller told him that they were to abide by the decision of Goodman Gaige. Sworn in court.
Necolas Wallis deposed that the lots were laid out sixteen rods wide. Sworn in court.
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RECORDS AND FILES
1668]
Mr. Wm. Patteson v. Edmond Bridges. Debt. Verdict for plaintiff.
John How v. Mr. William Pateson. Defamation. Verdict for plaintiff.
Mr. Wm. Pateson v. Anthony Carrell. Defamation. Verdict for defendant .*
*Writ: Mr. William Patteeson v. Anthony Carrill; defamation; for reporting that he heard Hackaliah Bridges say at Mr. Baker's that he heard it spoken at Edward Dear's house that plaintiff stole from his master in Barbadoes fifteen hundred pounds, and further reported that Ed. Deare's wife replied "I doubt Hacaliah is mistaken for the marchent himself did owne he stole five hun- dred pounds from his master;" dated, Jan. 27, 1667; signed by Robert Lord,t for the court; and served by Robert Lord,t mar- shal, by attachment of farm and house of defendant, and, not giving security, he committed him to prison.
William Norton deposed that he heard Anthony Caryll own Mr. Patersen's charge against him etc. John Edwards deposed the same. Sworn in court.
Mr. Patteeson's bill of costs, 2li. 6s. 8d.
Edmond Bridges, Hachaliah Bridges and Daniel Blacke deposed that Mr. Pattarson agreed to acquit Hachaliah Bridges if the other two deponents would testify that Anthony Carall reported the story. Sworn in court.
Robert Lord, jr., deposed that being in Mr. Patterson's chamber with Mr. Norton and Anthony Carroll, etc. Sworn in court.
Andrew Petters and Robert Lord, jr., deposed that having occasion to be in Topsfeild, they met Hackaleah Bridges riding near the meeting house, and asked him why he allowed the poor man to lie in prison for words which he spoke himself and he replied that he went to Patteeson's chamber, etc. Sworn in court.
Jonathan Ransford, aged thirty odd years, deposed that he, being in Barbadus some years before at a great sessions, saw William Patterson stand at the bar, and upon inquiry what it was for, was told that it was for persuading Mr. Jno. Bawden's man to let him have some of his master's sugar to carry along with him in partnership. And after the jury had brought in their verdict, deponent saw said Petterson standing in a place called the "bale dock," and inquiring how he got clear, they told him by a fine of some thousand of sugar. Sworn, Mar. 19, 1667-S, before Jno. Leverett,t assistant.
Samuell Mosley, aged twenty-six years, deposed. Sworn, Mar. 19, 1667-8, before Jno. Leverett,f assistant.
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IPSWICH QUARTERLY COURT
[Mar.
Christopher Milton v. Henry Kimble. For taking or withhold- ing a ketch. Withdrawn.
Edmond Bridges v. Mr. Wm. Pateson. Appeal from a judg- ment of Major Hathorne. Special verdict found. They found that there was a tender of 18d. already in his hand and that Patteson tendered Bridges 18d. in any goods in his chamber, which Bridges refused. If the goods were a legal tender, they found for defendant, a confirmation of the former judgment, if not, a reversing of the former judgment, abating 2s. for Sergt. Belcher's testimony. Court gave judgment for defendant .*
Edmond Bridges,t Hackaliah Bridgest and Daniell (his mark) Black testified that Anthony Carill, etc. Sworn in court.
Myhill Dwinell, aged twenty-three or four years, deposed that he heard Bridges say, etc. Sworn in court.
John Morrill, aged about forty years, deposed that he heard Hackkaliah Bridges say in Mr. Baker's house that the day Thomas Howlet was buried he heard that the Scotch merchant had stolen fifteen hundred pounds from his master, etc. Sworn in court.
*Ezekiel Rogers deposed, Feb. 22, 1667, that being present at the Wor. Maj. Denison's when Edm. Bridges was summoned about one o'clock to testify in an action pending between Mr. Paterson and Jo. How, said Bridges demanding his pay, Paterson told him to come to his chamber, etc. Sworn before Daniell Denison. Copy made by Wm. Hathorne,f assistant.
Richard Hubbert, deposed, Feb. 22, 1667, that before the at- tachment was served, etc. Sworn before Daniell Denison. Copy made by Wm. Hathorne,t assistant.
Jo. Payne deposed, Feb. 22, 1667, that being at Mr. Wm. Pat- erson's chamber on Feb. 17 with the marshal, Paterson tendered Bridges 18d. in any goods that were in his chamber, their being all sorts of goods that were good and vendable, but he refused unless he would give him 2s. for the 18d. and charges for the at- tachment, etc. Sworn before Daniell Denison. Copy made by Wm. Hathorne, f assistant.
Mr. Paterson's bill of cost, 11s. 6d.
Edmund Bridges't reasons of appeal from the Worshipful Mr. William Hauthorne's sentence. Received, 20 : 1 : 1667-8, by Wm. Hathorne, f assistant.
Answer to reasons of appeal.
Action brought by Edm. Bridges v. Mr. Wm. Paterson, 24 : 12 : 1667, before Wm. Hathorne, for debt. Plaintiff appealed to the next Ipswich court, Hackeliah Bridges and Jo. How, sure- ties. Copy made by Wm. Hathorne.t
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RECORDS AND FILES
1668]
Hackaliah Bridges v. Richard Holmes and wife. Defamation. Verdict for plaintiff.
Oliver Purchase v. Thomas Towers. Nonsuited.
Christopher Millton v. Henry Kimble. Action of account. Withdrawn.
Obadiah Wood v. Nath. Addams. Verdict for plaintiff, to give a deed within ten days. This was not accepted .*
Writ: Edm. Bridges of Topsfeild v. Mr. Wm. Paterson; debt of 2s. for attending as a witness before Maj. Gen. Denison; dated Feb. 17, 1667; signed by Rob. Lordt for the court; and served by Rob. Lord,t marshal. Copy made by Wm. Hathorne, f assistant.
Jeremiah Belcher, aged about fifty-four years, deposed that be- ing at Mr. Patterson's lodgings in Ipswich when John How of Topsfield with some others bought some goods of Mr. Patterson for which said How was engaged to pay wheat without smut, How said his wheat was good and he did not know that it had any smut, and Patterson said a little would not matter, so John How set his hand to the bill.
*Writ: Obadiah Wood v. Nathaniell Addams; for disturbing the title of a middle division lot No. 70 in the town book, lying upon the great hill at Hog Island, by making sale of it to another man; dated, Mar. 24, 1667; signed by Robert Lord,t for the court; and served by Robert Lord,t marshal of Ipswich, by attachment of two oxen.
Micaell Cresee deposed that he was in company with Nathan- iell Addams and Obadiah Wood the day when the lot layers went to show Hog Island lots to those to whom these lots fell. Nathan Addams' lot fell on Hog Island hill and he said he would sell it. Obadiah Wood asked him how much he would take for it and he replied 50s., and Wood agreed to buy it and pay for it in mer- chantable goods by the next March following, and if he did not pay in that time, would give him 5s. more. So they shook hands upon the bargain. Sworn in court.
Obediah Woods' bill of costs, 1li. 15s. 6d.
Thomas Lovell and William Bucklye deposed that Adams showed Obadiah Wood a great rock in his lot and told him he might make an oven on the rocks, that there was brush at the other end of the said lot to make faggots and so delivered the said lot to Wood. They judged the lot to be worth at least seven pounds and would pay that for it. Sworn in court.
Thomas Burnum and Moses Pengrye, jr., deposed that on elec- tion day in 1667, Obadiah Wood tendered Addames a young cow at said Addams' house in payment for the lot, which cow was appraised at 3li. 10s. Sworn in court.
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IPSWICH QUARTERLY COURT
[Mar.
Mr. Wm. Symonds v. Edmond Bridges. Debt. Verdict for plaintiff .*
Mr. Antipas Newman v. Thomas White. Forfeiture of a bond upon arbitration. Verdict for plaintiff. Appealed to the next Court of Assistants. Thomas White and John How bound .¡
Nicolas Wallis deposed that Nathaniell Addams refused to accept a cow and a colt at two different times. Sworn in court.
John Frink, aged twenty-six years, deposed that Adams refused to give Wood assurance of his lot, etc. Sworn in court.
John Layton, lot layer, deposed that he heard Adams deliver the lot to Wood, etc. Sworn in court.
*Letter of attorney, dated, July 2, 1667, given by William Symonds of Wells, County of Yorkshire, alias in the province of Maine in New England, gentleman, to his loving friend Robert Lord, jr., of Ipswich, marshal, in the action brought against Edmond Bridges, jr., of Topsfield, blacksmith. Wit: Samuell Symonds, junr.# and Prissilla Symonds.# Sworn upon oath of Samuell Symonds, jr., that he saw his brother Mr. William Symonds sign and deliver this letter of attorney.
Edmund Bridges,# 3d., of Topsfield, blacksmith, promised, Jan. 25, 1664, to pay Mr. William Symonds of Wells, 10li., five to be paid in two months either in tools, such as axes, hoes, plough- shares, chains, etc., or in an acceptable bill to Mr. Curwin for merchantable goods, and the other five pounds to be paid in mer- chantable wheat within six weeks after next Michaelmas, delivered in Ipswich, in consideration of a servant which he had received of said Symonds. Wit: Samuell Symonds, jr.,¿ and John Willis- stone.±
William Symonds made choice of the first payment to be made in goods by Mr. Curwyn and assigned the same on Mar. 4, 1664, to his father, Mr. Samuell Symonds. Wit: James Chute; and Elizabeth Symonds.#
¡Writ, dated 22 : 1 : 1668, signed by Tho. Fisket for the court, and served by James Molten,# constable of Wenham.
Mr. Newman's bill of cost, 1li. 4s. 6d.
John Higginson,¿ by deposition dated Salem, Mar. 27, 1668, testified in favor of Mr. Newman and that the latter had offered to abate half of the debt when he was not bound to abate one penny. Tho. Cobbett deposed the same.
Antipas Newmant and Thomas White,# both of Wenham, on Mar. 11, 1667-8, agreed to leave their differences to Rev. Mr. Thomas Cobbitt, Mr. John Higginson and Mr. John Halle, to determine the same "according to reason & religion." Wit: Rebekah Hallet and Anne Winthrop.# Sworn in court by Thomas White.
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RECORDS AND FILES
1668]
Richard Longhorne had his license renewed for a year, also his license to sell strong water renewed.
Mordicha Creford was licensed to keep an ordinary at Salem for a year.
Capt. Paul White had his license renewed for a year.
John Sorla had his license renewed, also his license to draw liquors, but to suffer no townsmen to drink liquors in his house.
Andrew Peeters had his license renewed for a year, but not to suffer any to drink in his house.
Steephen Hasscot was licensed to sell liquors to supply his own boats for a year, provided he did not allow it to be drunk in his house.
Deacon Pengry and Mr. Baker had their licenses renewed for a year, also their licenses to draw liquors.
Award of the arbitrators, Tho. Cobbet,* John Higginson* and John Hale,* dated Mar. 12, 1667-8, concerning a bargain made Dec. 2, 1658, that there was no need of determining whether the bargain about Tho. White's farm was a sale or a mortgage; that both parties acknowledged that Sergeant T. White, on Dec. 19, 1665, gave a bill to Mr. Newman, acknowledging a debt in full of 23li. 17s., and since only 10li. 10s. had been paid, the remainder of the bill was due; that they advised courtesy toward each other and advised Mr. Newman to remit the debt either in whole or part.
Elizabeth Gott, aged about twenty-two years, testified that Ser- geant White, being at her mother's house, in speaking of Mr. Newman, said that he knew of no kindness that Mr. Newman had done him and that he was never beholden to him for the worth of a two pence. Also that "he had a Hundred pound of mr New- man, and he had payd him eight scoor for it, And that he could goe no higher in taking use, no, not by ye law of England, And he further said yt he could have as good Dealing from a Turke or Pagan or Indian as from Mr Newman, yea, saith he, from God- ferry himself, with many such like words, These he spake ye 5th day in the evening not long after ye Elders were gone from Mr Newman's." Sworn in court.
Widow Gott, aged about sixty-six years, deposed. Sworn in court.
Henry Dab, Edward Yard, John Bird and Richard Jane, dying intestate, court granted administration upon their estates to Mr. Moses Maverick and Samuell Ward, who were ordered to bring in inventories to the next Salem court.
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IPSWICH QUARTERLY COURT
[Mar.
Tho. Bishop and Frances Wainwright had their licenses renewed for a year.
Quartermaster John Perkins was licensed to keep ordinary and draw wine for a year, also to draw liquors but to no townsmen to drink in his house.
Samuell Archard, administrator of the estate of his father Sam- uell Archard, deceased, acknowledged judgment to William Oxmon upon two bills wherein George Rops was also engaged .*
Upon complaint to Major Hathorne of Elizabeth Hatherland against Wm. Sprage and Hellen Chard, the case having been referred to this court, it was ordered that for the trespass and horrible abuse to said Elizabeth, the parties were to pay her 5li. each, and for the crime and misdemeanor to be severely whipped or pay 5li. to the treasurer and remain in prison until it be satis- fied, also to be bound to good behavior. For being drunk, accord- ing to their own confession, they were also fined. Wm. Sprage and Hellen Chard bound.
Nicolas Vanden, for running away, was ordered to be severely whipped and pay 5li. for hue and cries, also 15li. to his master, Robert Crose. The said Crose was given liberty to put off said Vanden for ten years to any English nation for his thefts and charges he had put his master to by his running away several times, and to have an iron put on his neck.
Wm. Woodbery dying intestate, court granted administration upon his estate to Judith, his widow, who presented an inventory amounting to 188li. 10s. 6d. Court ordered that she pay to the three children 50li. given them by their grandmother, at age
*Bond of Samuell Archardt and George Roppes,t both of Salem, carpenters, to William Oxman of Salem, fisherman, dated, Mar. 23, 1666-7, for 3li., to pay 40s. to said Oxman on or before Apr. 23, 1667. Wit: Hillyard Veren, sr.t and Henry Skerry, sr.t Sworn, 28 : 1 : 1668, by Hiliard Veren, sr., before Wm. Hathorne,t assistant.
Bond of Samuell Archardt and George Roppes,t both of Salem, carpenters, to William Oxman of Salem, fisherman, dated, Mar. 23, 1666-7, to pay to said Oxman Sli. 10s. in one bushel of wheat and one bushel of pease and the rest in beef and pork, or good dry fish, on or before Nov. 15, 1667. Wit: Hillyard Veren, sr.t and Henry Skerry, sr.t Sworn by Hiliard Veren, sr., before Wm. Hathorne,t assistant.
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RECORDS AND FILES
1668]
or marriage, and 10li. to the younger daughter at the age of eighteen or time of marriage, the house and land to be security. Judith Woodbery bound.
Whereas there was a will of Austin Killum proved the last court and no executor named, court appointed Daniell Killum as administrator.
Peeter Nash's fine for not appearing as a witness in Jo. Man- ing's presentment was remitted, he appearing and giving his reasons.
Mr. Wm. Patteson was allowed costs in the action brought by Anthony Carroll, the latter not prosecuting.
John Maning was ordered to pay witness fees to David and Abraham Hasseltine. John Sevorns was to bear his own charges .*
John Pinder was discharged of his bond for good behavior.
Joseph Safourd and his sureties were discharged.
Holick Country and his sureties were discharged.
Upon complaint of Capt. Wm. Gerrish and Mr. Joseph Hills against John Webster, court ordered that he publish his acknowl- edgment at the next public meeting in the meeting house at New- bury on the week day in full meeting and to the audience of the assembly, upon penalty of 40s. Also he was to bring a certificate from the constable that he had performed it, to the next Ipswich court.t
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