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FORD UN
STANF
RSITY
LIBRAR
The Law School
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RECORDS AND FILES
OF THE
QUARTERLY COURTS
OF
ESSEX COUNTY
MASSACHUSETTS
STANFO
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VOLUME VIII 1680-1683
SALEM, MASS. PUBLISHED BY THE ESSEX INSTITUTE 1921
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L25489
FEB 2 7 1945
THOS. P. NICHOLS & SON CO. Printers Lynn, Massachusetts
RECORDS AND FILES OF THE QUARTERLY COURTS OF ESSEX COUNTY, MASSACHUSETTS.
COURT HELD AT IPSWICH, SEPT. 28, 1680.
Judges: Major Genll. Denison, Capt. Nath. Saltonstall and Mr. William Browne.
Grand jury: Tristram Coffin, Ens. Tho. Burnam, Daniell Warner, Sergt. Tho. Waite, William Sawyer, John Tod, Richard Holmes, Henry Browne, Andrew Greley, Wm. Barnes, Samuell Howlet and Ralph Farnam.
Jury of trials: Capt. Jo. Whipple, Mr. Thomas Wade, Neh. Jewett, Thomas Low, Daniell Hovey, jr., Hugh March, Moses Gerrish, John Palmer, Samuell Platts, Jo. Haseltine, Daniell Poore and Cor. John Severns.
Anthony Wood v. John Grover and Sarah, his wife. Bat- tery. Withdrawn.
John How v. Mr. Rich. Collicutt and Mr. Nathaniell Green- wood, executors and overseers of the will of Hester Seers. For refusing to deliver a feather bed. . Special verdict. If two single testimonies and the plaintiff's affirmation of the woman's promise were as valid as the will, they found for plaintiff, the best bed and bedding; if not, for defendant. Court found for plaintiff. Appealed to the next Court of Assistants. Mr. Richard Colicott, Mr. Nath. Greenwood and Wm. Tompson bound .*
*Writ: John How v. Mr. Richard Colicut and Mr. Nath- aniell Greenwood, executors and overseers of the will of Hester Seares, deceased; for not delivering a feather bed and bed- ding belonging to it, which was given plaintiff by Henry Mason, formerly husband to Hester Seares, now deceased, who promised to deliver it; dated 18 :7 : 1680; signed by John Redington,t for the court and town of Topsfield; and served by Joseph Webb,t marshal of Boston. Bond of Rich- ard Collecottt and Nathll. Greenwood.t
John How's bill of cost, 2li. 12s.
t Autograph.
[1]
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IPSWICH QUARTERLY COURT
[Sept.
Sarah Gould, aged about thirty-nine years, deposed that, being at Boston with Goodman How about four years since, she lodged at his kinsman, Hanery Mason's. She slept with Mason's wife and Goodman How with Hanery Mason, and she heard How ask Mason to give him the feather bed he lay in that night. Mason spoke so low that she could not hear him plainly, but she understood that he consented. Three months after, they went to Boston again but Mason had been dead six weeks. The widow brought her husband's will to How to read and she said that her husband had told her to give him the feather bed although it was not in the will, which she promised to do. Mason's wife was John How's own cousin. Sworn in court.
Thomas Touer, aged about fifty years, testified that he was asked by John How to go to Seers' wife to find out when he should send for the bed. Deponent brought her from Boston once and she voluntarily told him that How was to have the bed, etc. Sworn in court.
John Gould and Thomas Touer deposed that the executors refused to deliver the bed. Sworn in court.
Inventory of the estate of Henry Mason, taken by Richard Collacot and Daniel Turell: Two suites and a cloake, 5li .; four shifts & 2 pr. of Stockins & a Silke Neckcloth, 18s .; four paire of Sheets & a blanket, 1li. 15s .; Ten Napkins & four pillowbeers, 14s .; one Table & four Chests, 1li. 14s .; Three Bedsteeds, Ili. 5s .; one Bed with the Furniture, 8li .; one Trundle Bed, 10s .; one cupboard & a small table & Four chairs, 1li. 2s .; parcel of pewter, 2li. 10s .; two kettles and two Skellets, 2li. 5s .; for a pot & Iron ware, lli. 5s .; warming pan & other necessaries, lli. 5s .; one house & Land, 120li .; total, 148li. 3s. Sworn by Hester Mason, Nov. 17, 1676, before Jno. Leverett, Esq., Gov., and Edw. Tyng, Esq., Assis't. Copy made by Isa. Addington,* cleric.
Will of Henry (his mark) Mason of Boston, dated 6 : 8 : 1676, and proved, Nov. 17, 1676, before John Leverett, Esq., Gov., and Edward Tyng, Esq., Assistant: to his cousin Mercy Eliott, daughter of Joseph Eliott, 10li., to be paid for the benefit of the child within six months after his wife's decease; if his wife died before the child became of age to choose a guardian, the executors were to see it carried out; to his wife Hester Mason, his house, land and all moveable estate; his wife to be executrix and Daniell Turell, sr., and Thomas Bill, overseers. Wit: John Wiswall and Richard Collacot. Copy made by Isa. Addington,* cleric.
Will of Hester Sears of Wobourne, dated Mar. 2, 1679-80, and proved, Sept. 2, 1680, before Peter Bulkeley, Esq., and Tho. Savage, Esq., Assistants: The rent of her house and * Autograph.
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RECORDS AND FILES
1680]
Robert Knight v. Samuell Leach and Onisiphorus Allen. Review of a case tried at the Salem court in November last. Verdict for defendant. Appealed to the next Court of Assist- ants. Robert Knight bound, with Edward Richards and Wm. Beale, as sureties .*
land lying between James Englishes house and the widow Judkins' house, both in Boston, to be for the bringing up of Joseph Ellit, son of Joseph and Mercy Ellit, until he be four- teen years of age, he to have them at the age of twenty-one, paying 20li. as follows, 5li. to her sister Deborah Skelton's children, 5li. to her brother Isaac How's children, 50s. to her brother Abraham How's son Abraham's children, 5li. to her cousin Mary Grandee's children, 50s. to her brother Israel How's children, all in money within two years; should Joseph Ellitt, jr., die before he was twenty-one, the house and land was to be sold and the proceeds divided as follows, one-quarter equally to Sarah Parker and Hester Parker, sisters, and if they died to Mary Grandee and her children, and the three- quarters equally among the children of Deborah Skelton, . Isaac How, Mary Grandee, Israel How and Abraham How; to Sarah Parker and Hester and Mary Grandee and Deborah Skelton, her clothing; to her brother Isaac How, her second best bed, boulster and green rug; to her husband, her best bed and curtains for life, and after his decease to Joseph Ellit, jr .; all her other household stuff to be divided among her sister Deborah Skelton, her brother Israel How, Mary Grandee, Elizabeth Parker and Abraham Parker; the rent of her meadow and upland at Dorchester, that her father How gave her, to her husband John Seirs for life, and upon his death, she gave the land outright equally to her brothers Isaac and Israel How, they to pay to Mr. Increase Mather, teacher of the 2d church in Boston, 4li., to Deborah Skelton or her children if she deceased, 40s., to her sister Curtice's two children, 20s. each, to Joseph Ellit, 40s., all to be paid within one year after her husband's decease; Mr. Richard Collicot and Mr. Nathaniel Greenwood, executors and over- seers, also to care for the child, Joseph Ellit, jr., until fourteen years of age, and to apprentice him to a trade; the overseers were to sell any of the estate if it became necessary for the support of the child. Wit: Abigail (her mark) Read and Mary Greenwood. Sworn, Sept. 2, 1680, before Peter Bulke- ley, Esq., and Tho. Savage, Esq., assistants. Copy made by Isa. Addington, t cleric.
*Writ, dated 23 : 7 : 1680, signed by Hilliard Veren,t for the court and town of Salem, and served by Henry Skerry, t Autograph.
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IPSWICH QUARTERLY COURT
[Sept.
jr.,* deputy for Henry Skerry,* marshal of Salem, by attach- ment of houses and lands of defendants.
Summons, dated 23 : 7 : 1680, for the appearance of Samuell Leach, signed by Hilliard Veren,* for the court and town of Salem.
Defendants' bill of cost, 2li. 19s. 1d.
Robert Knight's bill of cost, 4li. 5s. 4d.
Copy of papers in similar actions brought in 1660 and 1679.
At a General Court, May 7, 1662, on motion of Mr. Richard Russell, referring to settling the bounds between Manchester and Glocester, it was ordered that in case the gentlemen nominated in the order of Court refuse or neglect to attend to it within two months, the towns concerned could take a surveyor to determine the bounds. Copy made by Edw. Rawson,* secretary.
Letter addressed "To my Loueinge friends John Bennett, Goodman Standidg wth y' Inhabitants of Manchester:"
"Friends: it is some Trowble to mee yt yow doe pseueare soe to Interupt my Just right had I not a Just and cleere title. I should haue bin farr enough of from makeing ye least clayme wth Tendencye to your rong whose welfare is more Joyous to mee then your Impouerishing. I am not in the least priuie to Insuringe yow yow know I haue byn silent expecting the Isue of those friends to whome It was Committed the pouringe cawse being on your accompt. I could not haue thought would turne to soe barren an accompt. Robert Knight who acts therin bought it of mee when I neuer hard the least opposition as to M'Blinmans title Conuayed to mee whom I am Confident would not haue yow Ingage any farther expence. But seeke the favour of the Court to supply yow some other waye If your need require it: for suer I am what is not yours though it bee neuer soe comodious to yow will not turne to your advantage to desire or enjoy. Robt Knight assuringe mee yt If it exceed ye 4 mile bownds graunted to Gloster hee will resigne it upp: wch though out of my hands to doe yet renders his motions very Just as to my Conscyence. I am willing to cleare my selfe yt If yow bee put to charge as hee is resolued psecution In the Case: I may bee in your Conscyences Ino- cent And shall ad no more but yt I am Yours In loue "22 : 5 : 1661.
Richard Russell .* "
Samll. Gatshell* certified that about seven years ago he ran a right line from Gloster meeting house toward Man- chester and he found that Citle Cove farm was within four miles of Gloster meeting house. Also that the four-mile line that was run by Capt. Joseph Gardner lacked very nearly six
* Autograph.
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1680]
RECORDS AND FILES
furlongs, as appears by his draft of the farm which he surveyed in 1680. Gardner was short of four miles as much as from the tree marked with G to the pond marked with A on his plan. Sworn, Sept. 13, 1680, before Moses Mavericke,* commissioner.
Samuell Gatchell* testified that he talked with Capt. Joseph Gardner some years since when he was with him in Virginya. Gardner said he had run a four mile line from Gloster meeting house toward the Creeke for the people of the Creeke, but Robert Knight's farm was not in it. Deponent ran the line for Gloster men, who went with him, and later told Gardner that his line was wrong, and Gardner replied that if twenty men ran it, they would differ.
William Sheldon and William Beale testified concerning the refusal of old Goodman Bennit and other selectmen of Manchester, to go with them to measure the bounds. Then they went to Gloster, where they stayed three or four days on account of bad weather, and Gloster men helped them. They found the line took in about two-thirds of the little pond and the western neck. Sworn, Sept. 27, 1680, before Moses Mavericke,* commissioner.
William Beale, aged upward of fifty years, deposed that he heard Samuell Leach say in a bragging way that he would keep the title of Kittle Cove farm in litigation twenty or forty years and he thought he coud find as much money to spend as Mr. Russell, etc.
Benjamin Parminter, aged upward of sixty years, deposed that, when Mr. Millet lived at Manchester, he was an in- habitant there and at a town meeting it was agreed that Mr. John Freinde, sr., now deceased, and William Bennit, then both inhabitants in Manchester, should meet with Mr. Bruin and Mr. Cockin of Gloster. They found the bounds at the little pond. Sworn, Sept. 13, 1680, before Moses Mavericke,* commissioner.
Benjamin Parmeter, aged nearly seventy years, deposed that he heard Mr. Smith, minister at Manchester, say that Mr. Blindman, the minister at Gloster, had given him leave to cut hay on his farm at Kettle Cove. Sworn, Sept. 25, 1680, before Moses Mavericke,* commissioner.
Phillip Welch, aged about thirty-seven years, deposed that Corporal Whipple of Ipswich, Robert Knight, John Ellitrop, and himself were together when Ellitrop said he knew Knight was wronged. Deponent asked him why he became attorney against Knight and Ellitrop answered that he was enticed to do so along with the rest. Sworn, Sept. 13, 1680, before Moses Mavericke,* commissioner.
Henry Stacy, aged upward of sixty years, deposed con- * Autograph.
6
IPSWICH QUARTERLY COURT
[Sept.
Erasmus James v. John Hasskin. Debt. Verdict for plaintiff.
Samuell Currier v. Joshua Boynton. Breach of covenant. Withdrawn.
Thomas West, in behalf of his son, Samuell West v. An- thony Wood. For striking up the heels and violently striking said Samuel down. Verdict for plaintiff .*
William Dodge and Mary, his wife, relict and administratrix of John Balch, deceased v. Benjamin Balch, sr. Review of & case ordered in a County court at Ipswich Mar. 31, 1663. Verdict for plaintiff, the settlement of the estate according to the Court's judgment at Salem, 27 : 4 : 1662. Benjamin Balch appealed to the next Court of Assistants at Boston. Benjamin Balch, Samuell Gardner and John Balch bound.t
cerning mowing with Charles Knight, etc. Sworn, Sept. 24, 1680, before Moses Mavericke,# commissioner.
William Sheldon and William Beale, aged upward of fifty years, testified. Sworn, Sept. 25, 1680, before Moses Mav- ericke, ¿ commissioner.
John and Robert Knighte, both aged upward of eighteen years, deposed. Sworn, Sept. 25, 1680, before Moses Mav- ericke, # commissioner.
*John Bennet, aged about thirty-five years, deposed that a little while after his apprentice, Samuell West, came to live with him he complained of a pain in his head and said it came from a blow he received about a year before. "In the time of the war Thomas West was at my house and de- sired me that I would let Samuell West his sonne to keep a little out of the way in the time of the press but said he if he should be prest I do not fear but that I shall get him freed because he had hurt himselfe by a fall." Sworn in court.
tWrit, dated Sept. 9, 1680, signed by Andr. Eliott,# for the court and town of Beverley, and served by Henery Her- rick, constable of Beverly, by attachment of house and land of defendant.
William Dodge's bill of cost, 2li. 13s. 6d.
Benjamin Balch's bill of cost, 8s.
Mary Wood, aged about thirty-seven years, deposed that Mary Balch told her that her father Conant had gone to Ipswich court against her will, etc. Mary Dodg deposed that when her brother, Benjamin Balch, sued for her deceased child's portion, etc. Sworn before William Browne,# assist- ant.
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# Autograph.
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RECORDS AND FILES
1680]
Michaell Farley v. John Caldwell. Debt. Verdict for plaintiff, in money and corn .* John Tod v. Mr. Hudson Leveret. Nonsuited. Mr. John Keetch v. Henry Hutson. Nonsuited.t
Samuell Stickney v. Henry Kimball, administrator of the estate of Tho. Dow of Haverill. Debt. Verdict for plaintiff.}
William Dodg, sr., aged about seventy-six years, and John Rayment, sr., aged about sixty years, deposed that sixty acres were given John Balch, deceased, by his father's will, which were worth 40s. per acre, and if they had been willing to sell their land they could have received more than 408. Sworn in court.
William Rayment, aged about forty-two years, testified that he offered Benjamin Balch 3li. per acre in wheat and pork, but he refused it. Sworn in court.
*Writ: Mr. Michaell Farley v. John Caldwell, sr .; debt; dated Sept. 17, 1680; signed by Robert Lord,§ for the court and town of Ipswich, and served by Josiah Clark, § deputy for Robert Lord, § marshal of Ipswich, by attachment of a bullock branded with I C upon the off horn, and a piece of pasture land of defendant.
Phillip Fowler and Robert Lord, marshal, deposed that Caldwell owned the debt. Sworn in court.
Goodman Caldwell, Dr., to Michaell Farley,§ for corn and fulling cloth: Apr. 2, 1677, for fulling 31 yards of cloth, 5s. 2d .; Apr. 20, 1679, fulling 46 yards of cloth, 78. 8d .; Sept. 12, 1677, two bushels of corn lent to him, 6s .; total, 18s. 10d. Goodman Caldwell, Dr., in money, for corn sold to him: Apr. 20 to Sept. 6, 1679, for corn, rye, Indian and wheat, 3li. 5s. 9d. Sworn in court.
tJohn Hallam,§ aged about eighteen years, deposed that he saw the marshal's man, called Davie Gibbens, have a warrant from the Governor of St. Xtopher's to accept the sugar due to Mr. Keatch from Mr. Huttson, because Keatch owed the Governor some money. Johannis vangrijekoven, § aged thirty-eight years, deposed that he was a witness to the foregoing statement. Sworn at Boston, 25 : 7 : 1680, before Tho. Brattle.§
#Writ : Samuel Stickney of Bradford and Faith Gage, executor of the estate of Samuel Gage, deceased v. Henery Kimble of Haveril, administrator of the estate of Thomas Dow of Haveril, deceased; debt; dated Sept. 17, 1680; signed by Thomas Leaver, § clerk of the writs for the town of Row- ley; and served by Robert Emerson, § constable of Haverhill, § Autograph.
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IPSWICH QUARTERLY COURT
[Sept.
Walter Fairefield v. Tho. Knowlton. Appeal from a judg- ment of the Honerd. Major Genrll. on July 15, 1680. Verdict for defendant, the confirmation of the former judgment. Appealed to the next Court of Assistants. Walter Faire- field, William Dodg and Wm. Tompson bound .*
by attachment of land of defendant lying between his house and land of Samuel Wat's.
Copy of record of the Salisbury courts, Nov. 14, 1676, and Apr. 9, 1678, relating to the estate of Thomas Dow. Copy made by Tho. Bradbury, t recorder.
Samuell Stickney's bill of cost, 2li. 6d.
Letter of attorney, dated Sept. 24, 1680, given by Samuel Stickneyt of Bradford and Faith Gaget to Daniel Wycome of Rowley. Acknowledged, Sept. 27, 1680, before Nath. Saltonstall, t assistant.
*Writ: Thomas Knolton v. Walter Fairefeild; for taking away a saddle of his out of the custody of Richard Hutton and not returning it; dated July 8, 1680; signed by Daniel Denison;t and served by Samll. Moulton, constable of Wen- ham, who returned that Fairefeild, who was constable when he impressed Thomas Knolton's saddle for the country's service, tendered him 11s. 6d. in Indian corn for the use of Knolton, but he had no order to receive it. Copy made by Daniel Denison.t
Thomas Knoulton's bill of cost, 12s. 9d.
Walter Fayerfield's bill of cost, 1li. 6s. 6d.
Copy of the record of the action, heard July 15, 1680, before Daniel Denison,t who gave judgment for plaintiff. Appealed to the next Court of Assistants. Walter Fairefeild bound, with Charles Gott and Samll. Fiske, as sureties. Copy made by Daniel Denison.t
On Jan. 1, 1676, John Fiske was chosen constable for Wen- ham, and on 16 : 4 : 1676, delivered to Constable Fairefeild 10 single rates for the war, the whole being 51li. 10s. Copy from the town book by Thomas Fiske, recorder. Copy made by Daniel Denison.t
Fairefeild's and Knolton's bills of cost before Daniel Deni- son.t
Walter Fayerfield'st reasons of appeal, received on Sept. 23, 1680, by Daniel Denison.t
Thomas Burnam, jr., aged about thirty-five years, deposed that he knew Knolton's saddle very well and it was a good strong saddle before it was carried to Wenham. It was worth 20s. and he would willingly give more than 12s. for such a t Autograph. # Autograph and seal.
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RECORDS AND FILES
1680]
one. Richard Hutton deposed. Sworn Sept. 15, 1680, before Daniel Denison .*
Richard Hutton, jr., aged nineteen years, deposed that he saw Fairefeild go home from his father's house. Sworn, July 15, 1680, before Daniel Denison .*
Thomas Knoulton's* answer, dated Sept. 28, 1680, to Wallter Fairfeld's reasons of appeal.
Charles Gott, aged forty-one years, deposed that at Quarter- master Perkins', at the Ipswich court in March, 1679, there were Thomas Knolton, Walter Fairefeild, Richard Hutton and himself, and he heard Knolton demand of Fairefeild 12s. in silver for the saddle which he impressed, etc. The trouble arose not so much over the amount to be paid, as the pay, because Fairefeild refused to pay in money. Sworn, July 15, 1680, before Daniel Denison .*
Thomas Fiske, aged forty-nine years, deposed that, in the beginning of the summer of 1676, he received from the Major Generall an order for the impressment of one man with a horse and furnishings for the country service. The constable impressed a saddle at Richard Hutton's, said to be Thomas Knolton's, but, when the soldier came home, he gave an account that the horse and saddle were taken from him by his Captain, whereupon they made Knolton creditor upon their bill of disbursements of 11s. 6d. They received no order from the treasurer to pay the disbursements until Nov., 1677, when there was not enough money left by about 6li., and it was left for the next constable to pay in rate pay and not money. Sworn, July 15, 1680, before Daniel Denison .*
Edward Neland, aged thirty-five years, and Richard Hutton testified that he was at Quartermaster Perkins' house. Sworn, July 15, 1680, before Daniel Denison .*
William Knolton, aged about thirty-five years, deposed that he went with his brother Thomas, etc. Sworn, July 15, 1680, before Daniel Denison .*
Robert Lord, marshal, aged about forty-eight years, and Willm. Bennet, aged about twenty-one years, deposed that he was occasionally in company with Walter Fairefeild, Thomas Knolton, Goodman Hutton and Willm. Bennet. Fairefeild said to Knolton, "thou foole, the saddle was prized but at twelue shillings." etc. Sworn; July 15, 1680, before Daniel Denison .*
Charls Gott, aged forty-one years, and Samuel Fiske, aged about thirty-three years, deposed that ten days ago he was at Thomas Knolton's house, etc. Sworn, July 15, 1680, before Daniel Denison .*
* Autograph.
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IPSWICH QUARTERLY COURT
[Sept.
Josiah Witter v. John Richards. Trespass. Verdict for plaintiff. Appealed to the next Court of Assistants. John Richards bound, with William Beale, Edward Richards and Robert Knight, as sureties *.
Rebecka Howlett v. William Howlett. Verdict for de- fendant.t
*John Richards't reasons of appeal: that he had held the land for above forty years, as by evidence of Henry Collins, sr., and Henry Collins, jr., and had a legal title; that Witter, under pretence of a recorded grant by the town of twenty acres of land, dated Mar. 13, 1676, lays claim to this parcel which the town had no right to dispose of; that he had his twenty acres and more unless he had conveyed it to another, and "theirfore cannot but Judg him Insatiable that he canot be contented to run loose In his own pasture but he must break over fences and feed down mine also;" that Witter's conscience in former years would not allow him to claim it, although he had an "Itching desire after It," as appeared by the testimony of Henry Collins and John Lewise, who affirmed that Witter would have borrowed a yoke of oxen of said Lewise to pur- chase the land now in controversy which he then acknowledged to be Thomas Joyes; that Thomas Wheeler, father-in-law of Witter, etc .; that Capt. Marshall testified that Witter never sold any land within the fence, which Richards owns to be true, "for he sold not all of Mulliners right to Oliver purchase, for he reserved some part to himself within fence which after ward he sold to Edward Richards, as appears by a deed from Thomas Joy to Capt. Marshal which bears date May 30, 1661, which deed is now made over to Edward Rich- ards"; that Edward Kibby gave a different testimony two years before, etc.
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