USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 1
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org.
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50
BOSTON UNIVERSITY LIBRARIES
Mugar Memorial Library
RECORDS AND FILES
OF THE
QUARTERLY COURTS
OF
ESSEX COUNTY
MASSACHUSETTS
VOLUME VII 1678-1680
SALEM, MASS. PUBLISHED BY THE ESSEX INSTITUTE 1919
THOS. P. NICHOLS & SON CO. Printers Lynn, Massachusetts
F
RECORDS AND FILES OF THE QUARTERLY COURTS OF ESSEX COUNTY, MASSACHUSETTS.
COURT HELD AT SALEM, JUNE 25, 1678.
Judges: The Worshipfull Samll. Symonds, Esqr., Dep. Govr., Maj. Genll. Daniell Denison and Maj. Wm. Hathorne. Jury of trials: Corporall John Putnam, Mr. Timothy Lindall, Mr. John Ruck, Mr. Daniel Epps, Mr. Thomas Gard- ner, Ma[na]sses Maston, Edward Grove, Eleazer Giles, Richard Hutten, Nathaniell Stone, Sergt. Wm. Basset, John Peerson, William Seargeant, Mr. Samll. Gardner, jr., and Capt. Jona- than Poole in Mr. Endecot's action.
From the files of the Salem Commissioners' court, 5 : 12 : 1677, at Salem:
John Glover was fined for excess in drinking and for lying in saying that William Dounton was maintained by the town to lie and that he had 50s. per year, and was ordered to acknowledge that he spoke slanderously and falsely. Summons for his appearance, 4 : 12 : 1677, was signed by Bartho. Gedney,* commissioner. Will. Dounton, aged about forty-seven years, testi- fied that he being at Mr. Abraham Cole's house saw Glover drunk there and in the evening without any provocation began to speak about the rates, say- ing that they were made to maintain him. Sworn in court. Abra'm Cole, aged about forty years, testified that Glover intended to go to work in the morning, but went to the ordinary and came back disordered with drink.
Briant Daw, for being drunk and owning it, and upon testimony of Natha. Beadle, constable, that he saw the head of a man lying upon the snow, whom afterward Mr. Gardner told him was his man Briant, was fined. Warrant, dated 4 : 12 : 1677, to constable Nathaniell Beadle for apprehension of Brian Daw, Mr. Samuell Gardner's Irishman, and to Lt. Thomas Gardner and Elizabeth, daughter of Mr. Samull. Gardner, as witnesses, signed by Bartho. Gedney,* commissioner.
Hana, wife of John Mason, was fined or to be whipped for drunkenness, and abusing by words and offering to strike Hen. West, a tithingman. Richard West deposed that he heard an outcry at Mason's house, "the Rogue will Kill me," and going in found it was John Meckene who was much in drink. Peeter Joy was there and Goody Mason, all drunk, and Joy, after the uproar, owned that he struck Mekene twice. Henry West testified that Mr. Samuell Gardner came along looking for his man and they went in together, whereupon Goody Mason tried to strike him with an andiron, call- ing " thou West, thou Harry, thou Deuill," several times. Someone took the andiron away from her and then she took up a chair. She was very much in drink, not being able to stand upon her legs, but fell down. Mackene and one Humphry Williams were also observed to be much in drink. Urged by Mr. Gardner to do his duty as tithingman, deponent requested assistance of Joy, as he appeared to be the soberest, but he refused. Sworn in court. Constable Samuell Beadle, Jon. Cook and Walter Skiner deposed that they saw John Makene drunk that day. Goody Mason's bill of cost. John Bly mentioned.
* Autograph.
(1)
2
SALEM QUARTERLY COURT
[June
Hugh Joanes, agent or attorney to the proprietors of the North field in Salem v. John Pudney. Appeal from the judg- ment of the Worshipfull Maj. Wm. Hathorne, Esq. Verdict for plaintiff, the reversion of the former judgment .*
*Writ: Hugh Jones, agent or attorney in behalf of the proprietors of the North field; for not making up his part of the general fence; dated 10:2: 1678; signed by Hiliard Veren, for the court; and served by Wm. Curtis, constable of Salem. Copy made by Wm. Hathorne, f assistant.
At a general meeting of the proprietors of the North field belonging to Salem, the following orders were voted on Mar. 1, 1677-8: "Inprimis, that ye generall fences belonging to each proprietor shal be suficiently made upp by ye 20th day of this instant month upon ye penaltie of 12s. p diem for all such as shall be defective in this order. Item. That all those yt shall be defective & absent from ye publick of ye aforesd proprietors & doe not apeare at ye place apointed at 10 of ye clock in ye morneing at m' Geedneys house being ye place apointed for this yeare shall pay eightene pence for ye use of ye sd company. Item. That Hugh Jones is hereby apointed & Impowered to aske, demand, sue for Levy & recouer all ye fines & penalties for breach of any of ye orders, made for ye yeare ensueing & make returne therof to ye proprietors at their next meeting. Nath. Felton, clericus." Copy made by Wm. Hathorne.f
Hugh Jones' bill of cost, 12s.
Nathaniell Felton, clericus, certified that John Putney's five poles of fence belonging to his ten acres of land laid out by the committee appointed for regulating the general fences of the North fields, were laid out three poles below the pound & two poles above the pound. Copy made by Wm. Hathorne,¡ assistant.
Peeter Joy, for refusing to assist Hen. West, tythingman, for drinking, and striking Mackene, was fined, which Mr. Hasket was to pay.
Humfry Williams, for excess in drink, was fined.
Writ: Robert Cannon v. John Hunniwell. Unjust molestation. For ar- resting or attaching his necessary bedding and clothes under pretence of law, for security of a debt due; dated 26 : 11 : 1677; signed by Hilliard Veren, t for the court; and served by Henry Skerry, t marshal of Salem.
Hugh Glanfeild, presenting an acknowledgment for wickedly and falsely slandering Mrs. Elizabeth Hamons, was ordered to make this acknowledg- ment after lecture on the next lecture day at Marblehead in the audience of the people or to be whipped ten stripes at Salem the next lecture day. Elizabeth Hamans petitioned to the commissioners that she "hath beene a long time in Captivitie and hath lost a considerable estate by ye Indians, And in your petitioners absence and captivity was much wronged by one Hugh Glanfeild, in seuerall untruths by him reported against her, wch Did hinder your petitioner from ye charitable beneuolence of many Christian people."
į Autograph.
3
RECORDS AND FILES
1678]
Jeremiah Neale and Edward Flint, attorney of Jonathan Hart v. Richard Rowland. Appeal from the commissioners' court of Salem. Verdict for plaintiff, the reversion of the former judgment .*
"Att a generall meeting of ye proprietors of ye North feild, March 1, 1677-8, belonging to Salem, Mr Samuell Gardner sen" & Leut. Neale were chosen Surveyers of ye Generall fences of ye sd field this insueing yeare." Nathaniell Felton, clericus. Copy made by Wm. Hathorne, f assistant.
Copy of the judgment of Wm. Hathorne,t 15 : 2 : 1678, in this action, in which Hugh Jones appealed, with Samuell Gardner, sr. and Jeremiah Nell as sureties.
At a general meeting of the proprietors of the North field, on 1 : 1 : 1677-8, it was voted "That Samuell Gardner, sen: & Bartholmew Geedney, Leut. Jeremiah Neale, Wm. Traske, Isaak Cooke & Nathaniell Felton are chosen a comitee for ye regulating of ye Gen11 fences belonging to ye North feild (viz) to lay out 5 poole of fenc to euery ten acres of Land, wher- soeuer they doe find any land wth in ye sd feild, whereunto there is no fence belonging, they are impowerd to dispose of ye sd land relating to fences for ye benefit of ye sd feild & what else they shall see needfull for ye well regulating of ye sd feild, Aprill 13, 1678." Nathaniell Felton, clericus. Copy made by Wm. Hathorne,f assistant.
Bill of cost of John Putney, 2s. 6d.
Reasons of appeal of Hugh (his mark) Jones.
John Pudny'st answer to Hugh Jones' reasons of appeal.
Samuell Gardner, sr.,t and Jeremiah Nealet certified, Mar. 29, 1678, that they were appointed a committee by the pro- prietors of the North field to survey the general fences and they found those of the following defective: John Felton, Joseph Boyss, Jonathan Neale, John Massey, Thomas Goth- what, Jo. King, Job Swinerton, John Putney, Josiah South- wick, Jo. Trask, Goodwife Berrey and Thomas Robins. Sworn 15 : 2 : 1678, before Wm. Hathorne, f assistant.
Samuell Gardner, sr. and Jeremiah Neale testified. Sworn 15 : 2 : 1678, before Wm. Hathorne,f assistant.
*Copy of writ: Jonathan Hart of Salem, in behalf of him- self and sisters, Elizabeth, Sarah, Deborah and Florence, only children and heirs of John Hart and Florence, his wife, for- merly of Marblehead v. Richard Rowland; for possessing and making use of a certain parcel of land which said Hart died possessed of and which was part of the interest he purchased in Mr. Humphries farm, about four or five acres; dated Mar. 18, 1677-8; signed by Hilliard Veren,t for the court; and t Autograph.
4
SALEM QUARTERLY COURT
[June
served by Henry Skerry, marshal of Salem. Copy made by Hilliard Veren,* cleric.
Copy of judgment of the Salem Commissioner's Court, for defendant. Plaintiffs appealed, and were bound, with John Cromwell and Thomas Flint, jr., as sureties. Copy made by Hilliard Veren,* cleric.
James Denis and Nathaniell Walton testified that being impowered by Marblehead to examine all persons belonging to the town, as to their right to keep cattle on the farm and common, upon examination of Richard Rowland, sr., he owned that he had the third part of John Hart's land in his possession, which Hart had purchased of Capt. Wm. Hath- orne, formerly Mr. Humphryes, as appeared by record in the town book. Sworn, Mar. 18, 1678, before Moses Maverick, commissioner. Copy made by Hilliard Veren,* cleric.
Richard Norman, aged about fifty years, and James Dennis, aged about thirty-five years, deposed. Sworn, 2 : 2 : 1678, in Court of Commissioners. Copy made by Hilliard Veren,* cleric.
Jonathan Hart's bill of cost, 2li. 2s. 11d.
Richard Rowland's bill of cost, 9s.
Copy of Salem county court records, 26 : 4 : 1656, relating to the estate of John Hart, with inventory.
Reasons of appeal of Edward Flint* and Jeremiah Neale,* agents for Jonathan Hart, received 18 : 4 : 1678, by Hilliard Veren,* cleric.
Richard Rouland's* answer to the reasons of appeal: that the land belongs to Capt. Gorg Corwin; that the title was tried at the General Court and confirmed to John Peach, who bought of said Corwin, etc.
Copies of the papers in this action in the Salem Com- missioners Court, and Salem county court, 24 : 4 : 1673, made by Hilliard Veren,* cleric.
John Cook and Tho. Flint testified that being at the house of Richard Rowland, sr., the latter denied that he had any of Hart's land, but said he bought a cow's lease of Capt. Corwin on the commons.
Moses Maverick testified that Jonathan Hart, now dwelling in Salem, was the reputed son of John Hart, deceased.
Richard Norman, aged about fifty years, deposed that he was at the dividing of the farm, known as the Plain farm, etc.
Jon. Cooke, aged about thirty years, and Jon. Trask, aged about thirty-five years, testified that they heard Rowland own that he had some of Hart's land and offered forty or fifty shillings in silver for it, if they would not trouble him about it.
Moses Maverick and Thomas Pitman valued land there, on Apr. 2, 1678, at 40s. per acre.
* Autograph.
5
RECORDS AND FILES
1678]
John Devorix v. Nicholas Merritt, William Charles, James Smith, Richard Rowland, John Peach and Joseph Daliver. Verdict for defendants .*
John Trask and John (his mark) Cooke, on Mar. 26, 1678, appraised the land in controversy at 4li. 15s.
Richard Norman, aged about fifty years, deposed.
Martha Beale, aged about forty years, deposed that Jona- than would have sued in his mother's life time, but she would not let him. Sworn, 25 :4 : 1673, in court.
Letter of attorney, dated Apr. 11, 1673, given by Jonathan Hart of Salem, to his brothers-in-law, Edward Flint and Jeremiah Neale of Salem. Wit: Mathew Woodwell and John Andrewes. Sworn before Wm. Hathorne.
Mr. George Corwin, Mr. William Browne, Mr. Elzey and some others, the latter making no claim, creditors of the estate of John Hart, on 19: 10 : 1656, exchanged with the widow for her third part to be taken in movables. Wit: Samuell Maverick and Walter Price. Sworn, 24 :4 :1673, in Salem court.
*Writ, dated June 18, 1678, for forfeiture of a bond of arbi- tration, signed by Hilliard Veren,t for the court, and served by William Woods,t constable of Marblehead, by attachment of the orchard and barn of John Peach, the orchard of Joseph Doliver and the dwelling house of Richard Rowland, leaving a general summons at the latter house, with Henry Skerry, t marshal, as witness.
Joseph Emans swore that he heard Marblehead men say that the fence that Sam. Picke and Waltar Philips swore was insufficient was part of the fence given in in the award. Sworn in court. On the reverse of this paper: Jonathan Brigam, Samuell Russell.
Thomas Pitman, sr., now resident in Marbellhed, testified that he cut and carried away forty-two cords of wood from John Deverix farm, of the fifty which the arbitrators awarded to the commoners of Marblehead. Sworn in court.
Walter Philips and Samuell Picke testified that being desired by the parties to see if the fence were sufficient between Mar- blehead land and Mr. Devarix land, they found it in many places as good as no fence for a man might drive a cart or ride without any trouble, etc. Sworn in court.
Enoch Larence testified as to the insufficiency of the fence. Sworn in court.
Bond of arbitration, dated Nov. 25, 1670, given by John Legg,t John Copp,t Jeffre (his mark) Griffing,# Samll. Leach, t Nichlas (his mark) Meritt,# Wm. (his mark) Charles,į James Smith,§ John Getol,§ Richard (his mark) Rowland,# John
+ Autograph. Į Seal. § Autograph and seal.
6
SALEM QUARTERLY COURT
[June
Abraham Perkins v. Theoder Atkinson. Special verdict. If a person owing a sum of money and having paid it, there being a bill out, and the other person refusing to deliver the bill, has a right to sue for it, they found for plaintiff; if not, for defendant. Court found for defendant. Appealed to the next Court of Assistants. Theoder Atkenson and Thomas Savage bound .*
(his mark) Peach, sr.,¡ Joseph Dallaber,¿ and Tho. (his mark) Pitman,t for the commoners of Marblehead, on one part and John Deverix, yeoman, of Marblehead, on the other part, Mr. Edmond Batter and Mr. William Flynt being arbitrators for the commoners, and the Worshipfull Mr. Wm. Hawthorne and Mr. Will. Browne, sr., for Mr. Deverix.
Award of the arbitrators Wm. Hathorne, § William Browne, § Edm. Batter,§ and William Flint:§ "the stone wall betweene Jno. Deverex his farme & the Comons belonging to Marble- head" should be maintained equally by each party. "As in Reference to the way into the Neck of Marblehead the gats & barrs of Jno. Deverexe are to stand unlesse Marblehead doe make another fence to make a lane on the other side as Jno Deverexe hath done one the one side or if marblhead men & Jno Deverexe do agree to make a fence in some Conuient place in the Neck, Jno Deverexe to make his equall pporcon. Jno Deverexe shall giue leaue to the Commoners of Marble- heade to Cutt & cary away fiuety Cords of wood to take it as it riseth from of his farme next to the new bridge: without his fence for firinge & this to be a full end dated 24-10-1670." Sworn in court.
*Writ, dated Mar. 30, 1678, signed by Robert Lord,§ for the court, and served by Robert Lord,§ marshal of Ipswich. Bond of Samuell Graves§ and Theoder Atkinson.§
Abraham Perkins' bill of cost, 2li. 19s. 6d.
Theodor Atkinson§ certified, 25 : 7 : 1670, that "Nicholas Lissen hath given a bill under his hand for about fifteen thousand foot of boards more or less unto my son Theodor Atkinson, I haveing since made up an account with him & taken another bill under his hand for ye full ballance of my debt the full meaning of this noate is to save the said Nicholas Lissen harmless from the same as witnes my hand, and withall I have ordred the said Nicholas Lissen to pay him any thing if he demand it." Wit: John Robinsong and John Saunders.§ Acknowledged, June 3, 1678, before John Gillman,§ commis- sioner.
Nicholas Lesson, aged about sixty years, deposed that about seven years ago Mr. Atkinson came to him at Exeter
t Autograph and seal. # Seal. § Autograph.
7
RECORDS AND FILES
1678]
Mr. William Browne, sr., executor of the will of Samuell Smith v. Capt. Tho. Fiske. Verdict for plaintiff .*
about the bill deponent owed him and he denied that he gave his son power of attorney. Deponent gave him a bill for what was due. Sworn, June 3, 1678, before Samuell Dalton, t commissioner.
Alexander Gordin, aged about forty years, deposed that he was present when the accounting was made. Sworn, June 3, 1678, before Samuell Dalton, commissioner. Copy made by Samuell Dalton.t
Edward Gove, aged thirty-eight years, deposed that in discourse with Theoder Adkinson, sr., of Bostown, concern- ing boards paid by Abram Perkins of Ipsweg, he said that he once gave his son power to receive boards for him but afterwards he sent to Major Pike power to revoke it. Sworn, June 19, 1678, before Samll. Dalton, commissioner.
John Stanyan, aged thirty-six years, testified that he met Mr. Theoder Atkinson, sr., at the ordinary at Hampton, who demanded of him a debt of 12li. in boards due from Abraham Perkins of Ipswich, to be paid by order of Henry Bennitt of Ipswich. Deponent said he would go to Exeter and deliver the boards, which he did, said Atkinson's son Theoder giving him a discharge. Sworn, 18 : 4 : 1678, before Samuell Dalton,t commissioner.
John Foulsham, sr., deposed concerning seeing the letter of attorney. Sworn, Apr. 9, 1678, at Salisbury court. Copy made by Tho. Bradbury, f recorder.
Copies of Salem court files, 30 : 9 : 1677, and 26 : 1 : 1678, made by Robert Lord,t cleric.
Edward Mitchellsonn,t aged seventy-five years, certified, 24 : 4 : 1678, that he saw the letter of attorney which was given to gather up Mr. Atkinson's debts at the eastward, etc. Sworn before Daniel Gookin, sr., f assistant.
*Writ: Mr. William Browne, sr., of Salem, executor of the will of Mr. Samuell Smith of Wenham, deceased v. Capt. Thomas Fisk; for fencing in about three acres of land lying on the east side of the country road and on the south of Wal- ter Fayerfield's house which land was part of Jams Smith's eighty acres which belonged to said Samuell and his successors, bounded by part of the said land on the east side, with one acre of the eighty acres on the south that Daniell Killam sold to Alixsander Maxey, thereby appropriating it to him- self under pretence of a right to it from Daniell Killam, sr., of Ipswich, said Killam pretending it to be part of that farm which was once Mr. Felmingam's; dated June 17, 1678; t Autograph.
8
SALEM QUARTERLY COURT
[June
signed by Hilliard Veren*, for the court; and served by Sam- uell Kiemball,* constable of Wenham.
William Browne's bill of cost, to summons Mathew Edwards at Redden, etc., 2li. 9s. 6d.
Copy from Salem town book of records, made, June 25, 1678, by Jno. Higginson, jr.,* recorder: "23. 2mº 1638, Granted to Sam" Smith two hundred acres of Land being fiftey more added to his former grant, and the former Grant dissanulled."
"4th : 12 : 1638 Granted to James Smith Eighty acres of Land next to M' Fiske and mr Smith to be layd out by the Towne."
Roberd Colburn, aged about eighty-six years, testified that a little while before Mr. Samuell Smith of Wenham died "he owned a percell of land to be his land which he proffered to me to the quantity of six or ten Acres lyeing at the darke ponds: to haue sett an hous upon which land the Contry Road goeth through betwen Goodman Gears hows and water fayerfield hows and Thomas fisks hows stands upon the land that the said Smith proffered me and it was ther aioyning: I doe Judg that goodman geres hows standeth upon the land which m' smith proffered me and that m' felmingams bounds were farther westward then that." Sworn, June 21, 1678, before Daniel Denison .*
Copy of deed, dated 16 : 9 : 1640, given by Samuell Smith to John Fairefeild, "a certaine dwelling house & cowhouse, scittuat in Salem, a littell off the great pond, late in the poses- sion of James Smith, purchased of him by William Fisk & sold by the said William Fisk unto Samuell Smith aforesaid, together with the app'tenances to the said houses; with eighteene Acres of upland, lying from the house nigh east downe to the meddowes, & about two pole & an halfe on this side, the dwelling house with free egress & regresse to the spring and next abutting, And a certaine pcell of meddow nigh about 2 acres by computation, abutting upon the fore- said upland westward & upon John Whites land eastward, in consideration of seauen & twenty pounds ten shillings, in hand paid." Wit: John Fisk and William Fiske. Copy made by Hilliard Veren,* cleric.
Lot Killum,* aged about forty years, testified that the farm called Mr. Felmingam's farm which "my father bought of henery Chickerin was bounded at the esttermost corner, the bound standing westward from Thomas Hobs his old hows which stood one the west sid of the country Road and soe my father did hold it and acounted it, and the land that did ly eastward from that was caled by the nam of the long Smiths land." Sworn, 24 : 4 : 1678, before Wm. Hathorne,* assistant.
Alexsander Maxey, aged about forty-five years, testified * Autograph.
9
RECORDS AND FILES
1678]
that the pasture or close fenced in on the east side of the country road from Walter Fayerfeld's house and nearly north from the acre of land that Daniell Killam sold deponent, was fenced in by Capt. Thomas Fisk about eleven or twelve years since, all of which time he had improved it for corn and mow- ing ground. It comprised three acres. Sworn in court.
Mathew Edwards, aged about forty-six years, and Walter Fayerfield, aged about forty-seven years, deposed that about thirty-six or thirty-seven years since they went to Wenham to live and lived there about six years upon the land that Samuell Aborne testified was Jams Smith's 80 acres. It was then known to deponents by the name of Jams Smith's land and they understood it was purchased by Mr. Samuell Smith in whose possession it then was and had been in the hands of his successors ever since, except 10 acres which Jams Smith was said to have given to Samll. Aborn and what had been lost by encroachments on Samll. Smith's land. Jams Smith's land bounded westward upon Mr. Felmingam's land, south- ward on Samuell Smith's farm of 200 acres, and northward "was alittell Runn soe far as untill it Cam ner to that which was caled the new highway and in all which tim the bound at the eastermost corner of said felmingams farm which we allmost dayly saw was a stak that stood ner south west from a slaggy pond caled the dark pond and ner west from thomas hobbs his ould hows and from the stak to the Road that was east from it: it was about 12 poul and from wher the Road now goeth it was about 16 poul and the line did Run ner south west from the said stak ouer the hill wher on good man Huttens hous standeth and ner to the said hows and that the land in contreuercy lyeing on the east sid of the Country Road was part of the said Jams Smiths 80 Akors which was pirchesed land posessed by said Samuell Smith and his suc- sesors.'' Sworn in court.
Walter Fayerfield, aged about forty-six years, deposed.
Samuell Aborne, aged about sixty-eight years, deposed that about thirty-seven years since he lived at Wenham on a par- cel of land that his father-in-law Jams Smith gave him, which was a portion of the four-score acres of land granted him by the town of Salem, which 80 acres were bounded upon Mr. Samuell Smith's farm on the south and Mr. Felmingam's farm on the west. Deponent's land was bounded by a little brook that ran down toward the river eastward, and John Ston's land lay on the other side of the brook next adjoining, "and the land betwen my hows wher I liued and the pastur or land now in controversy westward from my hous was my said fathers land owned and posesed by him and the said land in controversy which thomas fisk told me that he had bought (and i understand of daniell Killam) lieing one the east sid of the country Road and southward of Walter fayer-
10
SALEM QUARTERLY COURT
[June
Mr. Zarubabell Endecott, heir and administrator of the estate of John Endecot, Esq. v. Frances Nursse. Defendant owned that he cut wood upon his land he bought of Mr. Allen, which Mr. Endecot laid claim to and that he carried away the wood. Verdict for plaintiff. Appealed to the next Court of Assistants. Frances Nurse bound with Mr. Richard Calicot and Nathaniell Putnam as sureties .*
fields hows was also part of my said fathers land and part of his four score Akers of Land which was giuen him by Salem owned and posesed by him and that my said fathers land did goe ouer the country hy way that now goeth towards Ipswich & farther westward toward the old foot path for many pouls acording to my best Remembranc and Judgment before it cam to the said felmengams lyne." Sworn in court.
*Writ: Mr. Zarobable Endicot, administrator of the estate of Governor John Endocot, deceased; trespass, for coming upon the plaintiff's land, cutting wood, carrying it away and laying claim to said land; dated June 18, 1678; signed by Hilliard Veren, t for the court; and served by Henry Skerry, t deputy marshal of Salem, by attachment of a mare and a pair of draft wheels for timber, a good chest and a long joined table belonging to defendant.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.