Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 1, Part 2

Author: Massachusetts (Colony). County Court (Essex co.); Dow, George Francis, 1868-1936; Massachusetts (Colony). Inferior Court (Salem)
Publication date: 1911
Publisher: Salem, Mass., Essex institute
Number of Pages: 1036


USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 1 > Part 2


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 (link on the Part 1 page).


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


COURT HELD AT SALEM, 27 : 1 : 1638.


Present : Col. Endicott, Mr. Humphreys, Esq., Cp. Turner, Mr. Hathorne, Mr. Edw. Howe and Mr. Roger Connant.


John England whipped for eavesdropping, a common liar and running away from his master Poole of Saugus.


Richard Lambert fined 10s. and to sit in stocks on two public days, to be determined by Col. Endicott, for drunkenness.


Robt. Morgan fined 20s. and Edward Hall, servant to Mr. Freind, fined 10s. for " being overseen in drink."


John Stone complains that Richr. Hollinworth has not satisfied verdict of 1636; ordered that the trees be viewed by John Horne and Samuell Archer within ten days, at the charge of Hollin- worth.


Thomas Fay sued Mr. Elias Stilman. The latter allowed 5s. for loss of time and witness, Fay not prosecuting against him.


Thomas Gray to sit in stocks two hours and Abram Whitheire one hour for misdemeanors.


Jury : John Woodbury, foreman, Lawrence Leech, Peter Palfrey, Jeffery Massy, Richr. Davenport, Thomas Venner, Geo. Norton, Joseph Rednap, Francs Lightfoot, Thom. Parker, Willia Hedges and Jno. Ramsden.


Civil cases :-


Wm. Swifte v. Richard Hollinworth. Debt.


Mrs. Daniell v. Richard Beckly.


Abram Warren v. Peter Buscott.


Jacob Chapman of Boston v. Edmund Audley. Debt.


8


SALEM QUARTERLY COURT


[June


COURT HIELD AT SALEM, 26 : 4 : 1638.


Present : Col. Endicott, Mr. Edw. Howe, Mr. Willia Hathorne, Mr. Willia Ballard and Mr. Roger Connant.


Mr. Burrell fined 10li. and to sit in stocks at Lynn next train- ing day there for uncleanness, etc.


John Legg, for uncleanness, to sit in stocks one hour at Salem and one hour at Lynn tomorrow being training day, with said Burrell, and make confession on the Lord's day after Church meeting and blessing pronounced.


Willia Edmonds' wife to confess her sin before the congregation.


Robt. Key for unseemly behavior toward Goody Newell to sit in stocks at Lynn one hour with her, and one hour at Cambridge before Lecture on 4th day of next month.


Marmeduke Barton, servant of Francs Weston, to be whipped and a lock put upon his foot for running away from his master and filing off his lock, unless Col. Endicott see cause to release him.


Peter Buscott, smith, to sit in stocks one hour for contemning authority of court.


Elias Stilman fined 5s. for absence from jury.


Thomas Oliver and his wife Mary held in 20li. to answer at Boston.


Jury : John Woodbury, foreman, Jeffery Massy, Law. Leech Peter Palfrey, Elias Stilman, Thom. Venner, Willi. Allen, Rich. Raymt, Henry Feack, Willi. Wood, Joseph Armetage and Rich. Johnson.


Civil cases :-


William Vincent v. Michaell Lambert. Slander. " Tho : Chadwell being absent Court Lett fall."


John Leech and Wm. Vincent v. Jde. [Jno.] Pride. Slander. "Let fall " for want of testimony.


Wm. Browne v. Tho. Scruggs. Debt.


Mary Maxell v. Geo. Burrell.


Michaell Sallows v. James Smith. Defamation.


Willia Pester v. Rich. Lambert. Debt.


Edm. Grover v. Tho. Scruggs and Wm. Alford. Verdict for plaintiff, seventeen bushels corn at harvest.


Antho. Buxton v. John Pride. Debt.


James Smith v. Peter Buscott.


Tho. Oliver v. Peter Buscott. Debt.


9


RECORDS AND FILES


1638]


COURT HELD AT SALEM, 25 : 7 : 1638.


Present : Col. Endicott, Mr. Howe, Mr. Connant, Mr. Ballard and Mr. Hathorne.


Dorathy, wife of John Talbie, whipped for misdemeanors against her husband.


" The right worshipl Collonell John Endicot's " servant William Poole whipped for running away from his master and to do twelve months' service to said master.


Jury : Lieft. Davenport, foreman, John Woodbury, Jefferey Massy, Phillip Virrin, Jacob Barney, Peter Palfrey, Ensigne Reade, Nicholas Browne, Henry Collines, Joseph Armetage, Richard John- son and Joseph Redkapp.


Civil cases :-


[Nathaneell Skinner of Lin v. Benjamin Parmenter.


Mr. Houlgraue v. Tho. House.


Jno. Pride, pottor, v. Anthony Buxton.


John Harison v. Mr. Jno. Hawes and Mr. Hawks. Peter John- son was a witness.


James Haines v. Mr. Howes and Mr. Hawks.


Issac Disberoe of Lynn v. Ann Burt .- Waste Book.]


Robert Quodnam v. Henry Harwood.


Mr. Haugh v. Cp. Turner. Debt.


Richard Chadwell v. Daniell How. Defamation.


Mr. Houlgraue v. Tho. Howes. Trespass.


Abram Temple v. "ye worshipful mr John Humphreys, mr. Hows & mr Hauks." Trespass by their horses. Verdict for plaintiff, two bushels corn and 5s.


John Pride v. Anthony Buxton.


Hugh Browne v. Tho. Howes. Trespass.


Stephen Batchler v. Richard Chadwell. Debt.


James Molton v. Mr. Howes and Mr. Hauks. Trespass.


James Hinds v. Mr. Hows and Mr. Hauks. Trespass.


Henry Skerry v. Mr. Howes and Mr. Hauks. Trespass.


COURT HELD AT SALEM, 25: 10 : 1638.


Present : Col. Endicott, Lt. Col. Winthrope, Mr. Hathorne and Mr. Connant.


Richard Graues and Peter Busgutt indicted for breach of the peace. Graves to sit one hour in stocks for beating Busgutt in his own house, and Busgutt whipped for contemning court and Mr. Newell.


.


10


SALEM QUARTERLY COURT


[Mar.


Mathew Reade, servant to Mr. Charls Gott, severely whipped for drunkenness on the Lord's day, pilfering from his master, etc.


Jane, wife of Joshua Verrin, presented for absence from reli- gious worship. Mr. Peter requested time to confer with her again.


Jury : Liefte. Davenport, foreman, John Woodbury, Jeffery Massy, Jacob Barney, Ed. Batter, Lawrance Leech, John Balch, John Smith, Joseph Armetage, Thomas Parker, Willia Knight and Jarrett Spencer, the last five being of Lynn.


Civil cases :-


John Freind v. Hugh Browne. Debt.


Georg Ching of Marblehead v. Peter Busgut.


John Farington of Lynn v. Jno. Hale. Trespass.


Isaack Disberoe v. Ann Burt. She was absent, and her husband Hugh Burt answered for her.


Francs Linford, by his attorney Tho. Brook v. Hugh Norman. Debt.


" The worship" Jnº Humphreys Esq"," Jno. Winthrop, Esq., and Mr. Hugh Peter v. Phillip Kertland; action of 10li. debt due to Francs Dent.


Richard Graves v. Peter Busgut, two suits. Defamation.


Sargant Dixie v. Geo. Wright and Rich. Graves. Trespass. Wright sent confession which was published 1: 2 mo : 1640.


William Vinson v. Geo. Willia[ms].


Isaack Disberoe v. Hugh Burt. Defamation.


Richard Hollinworth v. Raph Ellinwood. Trespass.


Isaack Disberoe v. Nath. Kertland.


Raph Fogg v. Ensigne Read. Trespass. His horse eating up the hay grass of R. Fogg.


Worshipl. Jno. Humphrey, Esq., had attachment against person of Peter Busgutt.


COURT HELD AT SALEM, 25: 1: 1639.


Present : Colonel Endicot, Mr. Hathorne and Mr. Connant. Jury : Jno. Woodbury, foreman, William Clarke, Henry Bird-


Letter of John Lyon dated, Marblehead, Feb. 16, 1638, and ad- dressed to " Right worshipfull," on file.


Court willed Jno. Lyon,* Jno. Hardy and Geo. Vicass to certify what was in their hands 25 : 1: 1639. Ordered for Tho. Tuck in part payment of his dues.


*Autograph.


11


RECORDS AND FILES


1639]


sall, Jno. Holgrave, Joseph Batchler, Georg Williams, Peter Woolfe, Joseph Hermitage, Richard Johnson, Francs Lightfoote, Robt. Driver and Robt. Parsons, the last five being of Lynn.


Civil cases :-


William Vincent v. William Bennet.


Abram Temple v. William Browne. Debt. Two suits.


Willia Browne v. Abram Temple.


COURT HELD AT SALEM, 25: 4: 1639.


Present : John Winthrop, sr., Gov., John Endecott, Col., John Winthrop, jr., Lt. Col., John Humphreys, Esq., Emanuell Downing, Esq., Mr. Thomas Willes, Mr. Willia Hathorne and Mr. Edward Holliocke.


Hope, an Indian living with Mr. Hu. Peter, whipped for run- ning away and being drunk.


Edm. Audley to answer charges.


Abram Warren bound to good behavior for twelve months.


Mr. Anthonie Thatcher complains that Jane James took things from his house. She and her husband Erasmus James bound for her good behavior. " The boys to be whiped by the Governor of the Familie wher the[y] had offended."


Mr. Gervas Garford hired a cow of John Pease for a year ; Pease being then absent, Garford was ordered to keep the cow till Pease returned.


"m" Holliock in behalf of the Lord Brooks, by mr Ballards agreemt ordered to pay 50s. per hire of a yoke of oxen for 3 months to Rich' Hutchenson."


Jury : Lieft. Davenport, foreman, Robert Molton, John Alder- man, Jeffery Massy, Jacob Barney, Georg Norton, John Gidney, Rich. Sadler, Thomas Layton, Joseph Armetage, Jenkin Davis and Francs Lighfoot, the last five being of Lynn.


Civil cases :-


[Georg Roaps v. Elias Stilman, sr .- Waste Book.]


John Pickeringe of Salem v. Richard Lambert.


Phillip Verrin v. Joseph Pope. Referred to Mr. Hathorne and Mr. Sharpe to audit the account.


Francs Perry and Jane Perry v. Phillip Virrin and wife Dorcas. Defamation. Free release on both sides procured by motion of the Governor.


John Tarbx v. Daniell Salmon. Debt.


12


SALEM QUARTERLY COURT


[Sept.


John Leech v. John Pride. Debt.


John Leech v. Ricr. Graves. Lt. Col. Winthrop promises to pay the debt if Graves acknowledges it.


John Humphreys, Esq. v. Ed. Audley. John Goit v. Isaack Disberoe. Debt.


Elizabeth Pitt v. Daniell Salmon .*


COURT HELD AT SALEM, 24: 7: 1639.


Present : Colonel Endecott, Mr. Emanuell Downing, Mr. Wm. Hathorne, Mr. Edw. Holliocke and Mr. Tho. Willes.


Edward Audley fined 20s. for buying a sow fraudulently.


Mary Olliver sentenced to prison at Boston indefinitely for her speeches at the arrival of some new comers. She to be taken by con- stables of Salem and Lynn to the prison at Boston. Thomas Olliver bound in 20li. for his wife's appearance at next court in Boston.


George Harris fined 5s. for stopping poundage of swine.


Jury : Lieftenant Davenport, foreman, Robt. Molton, Thos. Gardener, Jervas Garford, Jefferey Massy, Thomas Fenner, Boni- fac Burton, Joseph Armetage, Francs Lightfoote, Jarret Spencer, Michaell Spencer and Richard Johnson.


Civil cases :-


[Jno. Woodbury, Peter Palfrey and John Balch v. Elizabeth Babson.


Edmund Audley v. Edward Burcham. Slander .- Waste Book.] Thomas Olliver v. Geo. Harrys. Trespass, "acording to ord. of Towne, Jnº Woodberry, tres."


Joan Tapp v. James Smith and wife. Defamation.


Thomas Couldham of Lynn v. Thomas Seire of Lynn. Trespass. Wit: Josias Stanborough and Boniface Burton.


Hugh Burt of Lynn v. Isaack Disberoe.


Jeffery Estie of Salem v. Ricr. Hollinworth. If Estie does not pay for the time in five weeks or the other accept his boat, court to give execution.


Edmund Thompson v. "The worp1 Jnº Humphreys Esq"." Wit : Jno. Abbie and Daniell Fairefield ; " by warrant, Jnº marston Laun- slot West Jnº more, and Jere : Vale." Granted attachment of 9li. 15s. on Mr. Humphreys.


*Elizabeth Pitts* was of Dorchester. She signed a receipt for 6li : 10s. on 21 : 9 mo : 1639.


*Autograph.


13


RECORDS AND FILES


1639]


John Pickering v. Richard Lambert. Debt.


James Moulton v. " ye worp' Jnº Humphrey Esquir." Trespass.


James Vnderwood v. " ye worp' Jnº Humphrey Esq." Trespass, sixteen bushels of corn spoiled. Mr. Humphreys being absent and no attorney appearing, court granted attachment of 9li. 13s. for James Moulton and 5li. 7s. for James Underwood.


John Prid v. Wm. Vinsent. Prid to have 2s. for a day's work .*


Ricr. Inkersell v. Jacob Barney. Upon motion of Colonel Ende- cott, Jeffery Massy and others ordered to lay out lands of defen- dant.


Daniell Salmon's person to be attached for a debt. Joseph Ar- metage and Garret Spencer bound that he pay Mrs. Pitts.


COURT HELD AT SALEM, 31 : 10 : 1639.


Present : Colonell Endecott, Mr. Ema. Downinge, Mr. Wm. Hathorne and Mr. Edward Holliock.


Mr. Phillip Verrin v. Joseph Pope, continued.


Abram Whitheire and Jno. Legg bound in 20li. for their wives' good behavior.


"ye worp1 Jnº Humphreys Esqr" v. Thomas Chubb.


John Webster and Thomas Oddingsall, witnesses in case con- cerning Micha Iver, fined 5s. each for absence.


Roger Scott bound in 10li. for good behavior.


Constable at Lynn ordered to arrest Joseph Garlik and Thomas Mercer, and if they do not give bonds to take them to Boston goal.


[Francis Felmingham v. Francis Skerry .- Waste Book.]


" The worp1 m" Em : Downing" complained of Tho. Sams for speaking to his maid servant without her master's or mistress' consent, for coming unseasonably on Lord's day and in nights, for being contracted without consent of his master or mistress by Wm. Allen with their lies in presence of Jno. Balch and Mr. Ja. Downing. To sit in stocks one hour.


Goodman Witter [Winter .- Waste Book.] v. Jno. Pickering and Sam. Bennet.


*Bill in favor of John Pride. 6 yds. canvis, 12s .; new shirt, 5s. ; " for about what I stands bound to Mr. Walton," 10s .; left to pay of a debt of 4li. 10s., 10s .; 2 weeks' work with John Leach, 12s .; to Mis. Goose, 2s. 9d .; 1-4 of hundred of lead, 9s .; canvis drawers, 2s. Total, 2li. 14s. 9d. " wh. he pd my moth", 6s."


. :


14


SALEM QUARTERLY COURT [Dec.


Jury : Lieft. Davenport, foreman, Edmund Batter, Lawrence Leech, John Sanders, Jeffery Massy, Richard Brakenbury, John Sibley, Edward Howell, Richard Sadler, Richard Walker, Joseph Floyd and Henry Collins.


Nich. Browne, constable, had charge of the jury.


Civil cases :-


Hugh Burt v. Isaack Disberoe. John Farington, surety.


Edmund Thompson v. " the wo'p' Jnº Humphreys, Esq"." Defendant's witnesses: Edward Richards, Jno. Abbie and Daniell and Jno. Flute who said that he drove out eight Marblehead cows and eight calves from Mr. Thompson's. Mr. Stephens' (of Marble- head) boy or Mr. Maverik " fetched them away."


James Molton, v. - [Henery Stephens testified that he had seen two black cows and one branded in Goodman Molton's and Mr. Tompson's corn, and had seen Mr. Felmingham drive them often. Edward Richards testified that the year before he had seen cows owned by Marblehead men in Goodman Molton's corn. - Waste Book.]


James Vnderwood v. Mr. Humphreys.


Micha Iver v. Tho. Tuck. Slander. Wit: Jno. Cook, Mr. Clark's man, Charls Turner and Mr. Pester's man. John Webster and Thomas Oddingsall, absent witnesses.


Micha Iver v. George Dill. Defamation.


George Dill v. Micha Iver. Slander; " caling him drunken slave, & yt he would marke him for an ould Roage."


Abram Whitheire v. Jno. Legg. Trespass. To be determined by Mr. Moses Maverik.


Abram Whitheire v. John Legg and wife. Slander.


Erasmus James v. John Legg and wife. Defamation.


Phillip Kertland v. Geo. Keysar. Verdict for plaintiff, four acres of land due by ye bounds trespass 12d. and trees felled. [Jos. Pope and Hugh Burt, witnesses .- Waste Book. ]


Georg Keyser v. Jno. Pickering. Wit: Timothy Tomlins and Ensigne Walker.


William Fisk v. Wm. Pester.


William Ivory v. Roger Scott. Defamation.


Tho. Tuck v. Micha Iver. Slander, viz : "yt he war drunck, respited a little."


Adam Hauke v. Mr. Bridgs.


15


RECORDS AND FILES


1639]


COURT HIELD AT SALEM, 1 and 2: 11 : 1639.


Barbery, wife of [Edw .- Waste Book.] Clark, to be whipped for unchaste words, etc. ; and is " not to have to doe wth this man Joans."


Joanes (who is a married man) to be set in stocks one hour for drunkenness, and fined 10li. for his carriage with the said Mrs. Clark. Neglect to pay, to be severely whipped. [Wit : Elizabeth Oliver, Barbery Pearce and Thomas Oliver. - Waste Book.]


Charles Turner fined 5li. for false swearing. Wmn. Pester, security.


Mr. William Pester admonished for excessive drinking. [Susan Stakhouse deposed .- Waste Book.]


Mr. James Downing admonished to take great heed of such com- pany. He manifested great remorse which gladdened the hearts of his friends.


Mr. Jno. Holgrave presented by grand jury, but nothing proved ; " to draw a note hear of & send to Boston to clear his name." [Mrs. Holgrave said that Geo. Dill came " to Mr. Holgraves for 2 or 3 qts of wine. She gave liberty for 1 qt. & he went to Lydia & said they gave leave for 3 qts."- Waste Book.]


Micha Iver bound in 20li. to answer Tho. Tuck at Boston con- cerning money that Tho. Tuck wants. "See Jnº Cooks deposi- tion." Thomas Tuck bound to prosecute. [Said Iver was strongly suspected by Thomas Tuck and others of taking away certain silver. -Waste Book.]


Geo. Dill fined 40s. for " drunkenes, & to stand att the meet- ing hous doar next Lecture day, wth a Clefte stick upon his Tong, & a pap[er] vpon his hatt subscribed for gross | prmeditated I. Lyinge." Mr. Humphreys' security.


Jno. Cook same as above. His master Clark to pay. Neglect to pay, to be whipped.


Tho. Tuck same as above, except the paper is to be marked simply " for Lyinge," and " noe cleft sticks on his tong."


Micha Ivers same as Tho. Tuck. He places as security his lot in the cove near Mr. Holgraves, by Dixies, also one-half an acre of land upon the neck toward Winter harbor that he bought of Geo Dill.


[" If any of the Towne shall know any person that shall live out of a pticular calling shall informe the Graniury that the [y ] may pceed ageanst them."- Waste Book.]


16


SALEM QUARTERLY COURT


[Mar.


COURT HELD AT SALEM, 31 : 1 : 1640.


Present : Col. Endecott, Jno. Humphreys, Esq., Mr. Emal. Downinge, Mr. Will. Hathorne and Mr. Edward Holliock.


Arthur Sandin appointed to keep an ordinary at Marblehead until ye General Court.


Thomas Gray of Marblehead convicted of drunkenness on testi- mony of Mr. Wm. Walton and Phillip Choppin. Recognized to answer in court at Boston.


Tho. Mercer and Joseph Garlike to answer at next court for misdemeanors.


Constables of Salem and Marblehead ordered to arrest and com- mit to gaol in Boston, Wm. Maid and Tho. Ashley to answer at next court in Salem to Jno. Bible in debt and for absence from court.


Mr. Clarke refers himself to next court about fine of his servant Jno. Cooke.


Mr. Humphreys, Mr. Thompson and Marblehead men also to produce witnesses about trespass in Mr. Tompson's corn by cattle of Marblehead.


" Francs Nurse a youth for stealing of victualls & for suspition of breaking a house."*


All or both the Smiths, Mr. S. Smith, James Smith, sr., and his son James Smith, jr., to answer, etc., next day. James, sr., recognized for appearance of James, jr., at next court for contempt of court, departing without leave ; and James, sr., and his wife Mary recognize for his appearance at next court for theft. [Georg Harys testified that young James Smith " stole pouder wch was found in his pockett." "Collonel Endecot Doth revoke any good testimony that he hath given of him for he now finds him not worthy any good report." Thomas Skiling accused James Smith, sr., of saying that this court was partial, and he must go to Boston court to get justice. Mr. Smith and his son testified against James, sr. James Smith, jr., "Confessed yt he had taken a little pc of baco in ther old house when Goodman White lived there and 2 qts. of English meale & about gli. of suet. Also a peece of Cheece, but I am cleare of anything that the acuse me of." The 5s. gold he had of his mother and three half crowne pieces from Sam. Eaborne. Jno. Bickett deposed against him saying that


*This is crossed slightly.


17


RECORDS AND FILES


1640]


Smith told him that he bought 2li. of suet of White's wife, pay- ing 7d. per li., and about a pound of cheese. Young James Smith confessed " he spent a pint of wine att wind mill." Sam Eaborne produced a witness named Thomas Bays. Both fined for theft .- Waste Book.]


Abram Whitheire and wife and Jno. Legg and wife discharged.


" The worshipl Jno Humphreys Esquir" v. Tobias Hill and wife. Debt.


John Stone v. Jno. Luff. Mr. Jervas Garford and Jeffery Massy to end it.


Tobias Hill recognized for his wife's appearance. [Benjamin Parmiter and Ricr. Uzald testified that it was an ordinary thing for Tobias Hill to profane the name of God. Jno. Bratley was another witness. " Jnº Woodburys man said that Edward Br Mr Connants & man Wm Wellman a boy did hear Tobias Hill say yt he had ynough of his wyf now, yt he could spare his wyf to any in the Towne now for 3 or 4 days. And m' waltham & m' Maverik report yt one philip Beare doth usually frequent the house of this Tobias Hill, & lives dissolutely." Phillip Beare, being " vehementlie sus- pected for vncleanes & inordinat Liveing by making disention & discord in the house of ye sd Tob. Hill," is ordered to keep away from Hill's house and wife .- Waste Book.]


Charls Turner to answer next court.


Jury : Lieft. Davenport, foreman, John Woodbury, Will. Lord, Tho. Venner, Edm. Batter, Jeffery Massy, Edw. Tomlins, Wm. Knighte, Nicholas Potter, Edward Burcham, Wm. Longley and Jenkin Davis. [The last six from Lynn .- Waste Book.]


Civil cases :-


Samll. Eaborne v. Ja. Smith, jr. Burglary, for stealing 10s. out of his house.


Sam Eaborne v. Mary Smith, sr. Defamation.


Sam Eaborne v. James Smith, sr. Slander.


Samuell Smith v. James Smith, sr. Theft.


Sml. Smith v. Mary Smith, sr. Suspicion of felony.


John Bible v. Wm. Maide and Thomas Ashley. Nathaneell Pitt- man testified that defendants had warrants for their appearance under Mr. Winthrop's hand.


Henry Addis v. Joseph Roots.


.


18


SALEM QUARTERLY COURT


[June


COURT HELD AT SALEM, June 30, 1640.


Present : Colonel Endecott, Mr. Jno. Humphreys, Mr. Em. Downing, Mr. Wm. Hathorne and Mr. Tho. Willis.


Richard Gell, an apprentice boy unto Mr. Jno. Yongs, sentenced for burglary on Lord's day and stealing, to be " severli whipped tomorrow being Lecture day & to sett an hower before the Lecture wth a pap[er] writt and sett vpon his head for breking a hous, stealing, etc. on the Lord's day."


Mr. Pester became surety for Charls Turner's fine.


Will of Bethia Cartwright of Salem, deceased, dated May 2, 1640, proved June 30, 1640. No executor being named, John Jackson is appointed administrator. Georg Norton had expended about 5li. under the deacons' hands during her sickness, which is to be paid him, the coat mentioned in the will to be made a part of it. Norton's man attended her .*


On behalf of Thomas Tuck attached 26s. of William Hilton's in Mr. Pester's hands.


Tobias Hill cleared out, being in debt, and Mr. Moses Maverick and Mr. Wm. Pester, two creditors, were appointed receivers. [Tho. Venner is to have an attachment of 8s. of Hill's goods in Mr. Pester's and Mr. Maverick's hands. Mr. Stilman propounded a case of some meadow and marsh land .- Waste Book.]


Mr. Willia Brown's goats came near Mr. Batter's farm, and Mr. Verrin's maid set a little dog on them. Mr. Batter's great dog fell upon the goats and killed one. Mr. Batter was ordered to pay for the goat.


*She bequeathed " my bed, my bolster and two pillow-beres with a blancet and a coverlet unto Elizabeth Capon my sister in walders- wick in Suff item I give unto Mary Norton the wife of Georg Nor- ton in Salem my best coat, item I giue unto my sister above said thre peuter platters and a double saltseller, item I give vnto John Jackson the son of John Jackson half a dozen spoones and a por- renger, item I give unto Margret Jackson the wife of John Jack- son of Salem my box of linning, with a payre of shetes, item I will that fower payer of sheets be sold to pay pt of my debts, item I give unto Elizabeth Kellem a surg wasot, Item I give unto John Jackson aforesaid my bible, item I will that my two best cloath wascotes to be sold as my shets aforesaid, Item I give unto Eleza- beth Nicksone my payer of Anderens, item I will that my napkins and bord cloaths to be sold as my wascots aforesaid." Wit : Elizabeth Nickson* and Thomas Warren .*


*Autographs.


19


RECORDS AND FILES


1640]


William James was fined 40s. for " proud peremptory carriage against the court." He had some money in Mr. Ruck's hands, 1642.


James Smith, jr., to be severely whipped for filching and steal- ing and disobedience and stubbornness to his parents.


James Smith, sr., fined 10li. for charging the court with partiality.


Joseph Garlick fined 40s. for drunkenness, and being indebted to Mr. Moses Maverick 3li. and Mr. Holgrave 15s., he is ordered to serve Maverick 12 months for the value of 12li. and 15s. to Holgrave.


" John Webster the Baker admonished for brewing and tiple- inge."


George Dill commanded to pay his fine of 40s. in weekly pay- ments of 6s. to " mee R : Fogg."


Mr. William Pester and Georg Wathan dispute about one acre of ground and a garden,-two indifferent men to be appointed to say what Pester shall give Wathan, and if Pester " can prove agt Thomas Chubb he may recover of him."


Mr. Jno. Holgrave acquitted of his presentment for drawing wine.


William Lord, constable, ordered to keep weights and measures.


Jury : Lt. Davenport, foreman, Henry Bartholomewe, Jacob Barney, John Gidney, Edmund Batter, Peter Palfrey, Georg Nor- ton, Richard Brakenbury, Georg Tayler, Robt. Driver, Christopher Foster and Thomas Layton.


Civil cases :-


John Holgrave v. Jno. Pride. Cutting down fence on highway.


Robt. Codnam v. Richr. Cook of Marblehead. Debt.


Daniell Salmon v. " ye worp1 Jnº Humphrey Esq." Debt.


John Luff v. Jno. Bullfinch. Debt.


Augustin Calem, goat keep, v. Mr. Connant and others.


Georg Wright v. Edward Barton. Debt.


William Lord, Francs Felmingham and Jno. Pickeringe, attor- neys for Thomas Burwood and Xptor Berry v. Thomas Oliver. Oli- ver to pay 22li. within 10 days, and the house, ground and fruit to be his, or " to reenter the house and Oliver to pay 6li. and himself to have the fruit."


William Towne v. Jno. Cook. Debt. To measure Cook's land, and if 5 acres be remaining to make up Town's land, to pay the latter 5 marks, etc.


£


20


SALEM QUARTERLY COURT




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