USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 1 > Part 30
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A letter was submitted under the hand of Mr. John Winthrop, certifying that Capt. Sybaudo had been an inhabitant of the town of Pequit two years and had paid rates both of church and common- wealth ; also that said Mr. Winthrop had demanded the goods of Capt. Sybaudo to be left to be responsible, but Edward Hull refused, saying he would have the case tried at Boston, and further that Sybauda was called to Conectecot court and was adjudged accord- ing to that jurisdiction. Mr. Winthrop wrote the same to Mr. Nicho. Easton. Verdict for plaintiff, and the vessel was adjudged not to be a prize, as she was taken without a commission.
Attested by William Leatherland, general recorder " for the prince of Providence plantations." Dated Sept. 10, 1653. Copy, attested by Increase Nowell .*
Walter Joye deposed that he was employed by Capt. Edward Hull to bring a boat from Rhode Iland to Boston, the bark Swal- low frigate, which said Hull had been commissioned by Rhode Iland to command against the Dutch ; that this bark was ordered by Ed- ward Hull to be delivered to Robert and John Hull, father and brother to Edward, with a barrel of vinegar, an ankor of brandy, some linen, holland, or dowlas. Further that Mr. Attwater, Mr. Richard Lord, Mr. Will. Gibbens, John Crosse and Ensigne Bryant bought of Capt. Edward Hull a quantity of goods for which they passed bills of exchange, said bills afterward being made over to said Hull's father, Robert Hull; that Mr. Wilkes, who was the master of the Swallow frigate, delivered the assigned bills to Hull's father, together with the bark, etc .; that Edward Hull received two-thirds of all the goods taken, and as to Capt. Sebaudyes goods taken by said Hull and his company from Block Iland and the other goods taken from his bark in Connitecot river, deponent said that Hull made use of all the goods on board without giving any- thing to the company, said goods being the articles " with which hee vittualled ye Swallow frigot in ye warlike dessigne of ye said Edward Hull against ye dutch and Receaued 1-3 part of what was
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taken afterwards from ye french and others." Sworn, 14: 9: 1653, before William Hibbins .*
Ralph Earle,* sr., of Porchmouth, Rohd Iland, deposed that Sam- uell Comstock came to Rhode Iland with Edward Hull upon the bark called the Swallow frigate, of which bark said Comstock was owner of one-eighth part, and was employed on it upon a man-of- war design against the Dutch. He sold his interest to deponent, who sold it to Edward Hull. Josias Wilkis was to deliver to Rob- ert and John Hull the bark, with a parcel of linen cloth, sea platts and other mathematical instruments. Sworn, 12: 9: 1653, before William Hibbins .*
Richard Cheichley, aged forty-seven years, and Richard Hol- ledge, aged thirty-eight years, testified, with William Dening, about service to the Commonwealth of England. Sworn 26: 9: 1653, before Richard Parker, commissioner. Copy, attested by Edward Rawson,* recorder.
Robt. Sanderson, aged forty-five years, deposed, in1653, concern- ing the bark.
William Baker acknowledged that the articles which follow were delivered to him at Block Iland by Kempo Sybauda, part of which deponent said he had sold for fish and wampum ; also that the fish and wampum and what was left of the goods, Capt. Edward Hull's company took away about the last of April, 1653; sworn, Aug. 28, 1653, before Ezechiell Hollyman, town deputy of Warwick: 32 yards 3-4 of trading cloth, 8li. 14s. 3d .; thirty kettles weighing sixe pound a peece, 30li. ; one ankor of liquors, 10li .; fourskore dussen of Claspe buttons, 1li. 8s. 4d. ; seaventeen dussen of Jewes harpes, 3li. 8s. ; eighteen howes, 1li. 8s .; foure peeces of tape, 1li. 10s. ; foure gilded booke glasses, 1li. 12s. ; two gilded booke glasses, 10s. ; fifty round glasses, 2li. 10s. 8d. ; 50 round glasses, 1li. 13s. 4d. ; fifty round glasses, 1li. 5s .; twelve bushels of salt, 3li .; three bar- rels, 12s. ; two thousand of needles, 8li. 6s .; three grosse of points, 1li. 15s .; one hundred of Combs, 2li. 10s .; twelve deere skines, 4li. 16s. ; halfe a dussen of tobacco boxes, 3s .; twelve dussen of bells, 1li. 4s. ; these things were prized as they were sould to the Indians ; other goods for my owne use : Fifty pound of powder at Ss. # li., 7li. 10s .; one gunn, 2li. ; six pound of lead, 3s .; one iron pott, 16s. 4d .; two tubs, 4s. ; one double ankor & two single ones, 9s. ; total, 97li. 7s. 11d.
William Baker and his wife Mary testified that being on Block Island in the house of Kempo Sybauda, Samuell Comstock and some of his company came up to the house, sat down to drink tobacco and asked for some water to drink, " so being come in a freindly way I gave them some water and tobacco, then I asked them whether they heard of Kempo Sybauda, Samuell Comstock answered no hee had not seene him, nor heard of him, then after a
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little space being ready to depart hee tould mee hee had a warrant from the Governor of Conectecot to fetch mee of the Iland because there was like to bee warr suddenly betwixt the dutch and English, and therefore it was not not fitting for a man and a woman to live so : so I replied that I durst not resist the Governors warrant, and so prepared forthwith, and with there helpe carryed the goods a board, so when I came aboard, then hee tould mee Kempo Sybauda was taken at Conectecot by Edward Hull, then hee tould mee that I was taken as prize together with these goods shewing mee a large peece of parchment which he said was his Comission, then I beged them, that would save my life so they promised to set mee and my wife a shore where I would, so they set us a shore at Pequott, so when M' Winthrop had examined mee, hee comanded mee and Ms. Daniell to go aboard, and take account of the goods they tooke from mee, and being a board the master was absent, and neither him nor they could be found." Sworn, Aug. 28, 1653, before Ezechiell Hollyman, town deputy of Warwick. Copy, attested by Increase Nowell .*
Francis Bennet, aged about thirty years, testified that he and Samuell Comstock bought of Richard George one quarter of the bark Swallow, Edward Hull, master. Sworn in court, 26: 8 : 1653, before Increase Nowell .*
Samuell Edsall of Boston, aged about eighteen years, deposed that the last spring and summer Edward Hull went into the Swal- low and deponent assisted in taking all the vessels that Hull took ; further that Hull received two thirds of all he took, and that Thomas Gold and Walter Joy were of Hull's company when they took Capt. Kempo Sybauda and his goods by his order from Block Iland ; that he heard that Ralph Earle had sold an eighth part of the barque, and Edward Hull said that two-thirds belonged to him, whereupon said Earle was about to attach the barque, but an agree- ment was reached. Sworn in court, 26: 8: 1653, before Increase Nowell .*
Samuel Edsall also deposed that Ralph Earle bought the eighth part of Samuell Comstock, and when there was talk of the bark going to Boston, said Earle refused to allow it to go until he was paid for his share, which was accordingly done, Edward Hull paying him in wine and brandy, part of a butt of brandy, a hogs- head of white wine and claret. Sworn, 26 : 8: 1653, before Increase Nowell .*
Lawrence Turner of Rode Iland, aged thirty-two years, deposed that all the last spring and summer, the vessel that Capt. Edward Hull, " as they called him, did all his exploites," was called the Admirall or Swallow frigate, and was the same vessel which was then lying in Master Joshua Scottowes dock ; that deponent heard some of Hull's soldiers and company affirm that he received two-
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thirds of all the goods he took, one part for the vessel and another for a victualling part ; also that Walter Joy and Thomas Gould were with said Hull from the beginning of their design at Roade Iland until they took the French prize at the same place and his departure for England. Sworn, 17: 8: 1653, before William Hib- bens. Copy, attested by Increase Nowell .*
Robert and John Hull, owners of the bark Swallow, presented a petition to the court, showing reasons for their being exempt from paying for damage done by any person on board the bark. They stated that the service she was engage in was wholly without their consent or knowledge, and it was a continual trouble to them when they heard of it; that they received no benefit from it and would not accept one penny for such service, but they showed their dis- approval by letters to Edward Hull and "did endeavour to improve all the interest wee had in him to gaine him from that imploymt by LettrB & by message when any went into thess parts & espeascialy when Capt. Jnº Leveret went, my father did intricate him; in his name to charge his sonn to come whom, and wee received Letters From him sundry tymes, that if the Bay did not speedyly send forth an army (wch they there were in continuall expectation of) hee would suddenly be at whom, that wee did every month Looke for him to Returne." Their reasons for not protesting at the time were as follows : That the law of the country did not provide for such cases and the only information they had of Hull's actions was by report ; that he told them that he was upon a design for the good of the people of God and of the English nation and for the glory of God and that he had a commission for what he did from the parliament of England ; that if they had protested against him, " who was in such neare relation unto us," they would have lost hope of seeing him or the vessel again, and they desired to have both, " for if his kindred and neare relations should carrie it soe unto him, it would have put him in dispaire of finding favour & soe he would never returne;" that they had tried to have him leave this employment, and if it had not been for their entreaties, he would still be engaged in it ; that they had no power in that juris- diction to prevent him by law, and all their friends knew that it was distasteful to them ; that they were not responsible for the taking away of Sebauda's goods, any more than an honest man, into whose house stolen goods were placed, could be held responsi- ble if the said goods were taken out of his house and sold without the owner's knowledge; that it was sufficient loss to them to lose the profit of the bark a whole summer and that Capt. Sibada " hath not acted according to the Rule of Righteousness to attach the goods & to molest the persons of us that never did him any injurie."
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Kempo Seibada v. John Hull, Richard Hull and Ric. Waite. Replevin of the barque Swallow, held to be contrary to law .*
Mr. Robert Gutch v. Ar -- -. Debt.
Mr. Francis Buers, assignee of John Bis v. Capt. Thomas Breeden. For his part of the money for which the ship Happy Entrance was sold to him.
Samuell Cutler v. Nathaniell Pickman. Debt.
Mr. Franc Buers and Mr. Henry Cowes, for themselves and some others of the company of the ship Hapie Entrance v. Capt. Robert Harding. For withholding half a share from them.
Mr. Henry Cowes v. Capt. Robert Harding. Debt.
Lt. Thomas Morice, Joseph Dunn, Henry Cowes, John Cemton and Francis Buers v. Richard Margerum. Slander. For saying they would forge oaths and swear anything, and, also, that Morice's rogues would swear anything.t
William Beale v. Mr. Robert Gutch. Debt.
Thomas Graves and Mark Graves v. Mr. John Beeke, Mr. Henry Webb and Mr. John Giffard, agents for the company of the Iron works. Debt. Nonsuited.
Robert Lord, appointed by selectmen of Ipswich on behalf of the country v. Henry Pinder and Thomas Rowell. For not finishing a prison house.
Thomas Scott v. Richard Wright. For money due him for seed wheat and for hay for wintering six oxen, for the use of a horse and for not plowing fourteen acres of land according to promise.
Osmund Traske v. Jonathan Porter. For refusing to give secur- ity for house and land bought of him.
*Writ : Kempo Sebada v. Robert Hull, John Hull and Richard Waite (also Weight), dated 17 : 9 : 1653 ; returnable at Salem ; signed by Jonath. Negus for the court and served by William Reade, con- stable of Boston. Allexander Adams and John Vyall deposed that on Nov. 24, 1653, being present with Mr. John Hull and Capt. Kempo Sebada, agreement was made concerning when and where the actions should be brought, etc. Sworn, 24: 9: 1653, before Thom. Clark, commissioner. Copy of the original per Nathaniell Sowther,; clerk.
tMr. John Childs, aged about twenty-five years, deposed that Rich. Margeram, master of the good ship called the Happy En- trance, said in the presence of the Worshipful Governor of New England that Lt. Tho. Morice, Henry Cowes and Francs. Buers would forge, etc.
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Mr. William Phillips v. John Child and Patrick Conaway. For attaching his goods in the hands of Mr. William Browne.
John Devorex v. Walter Joy. Debt.
Capt. Robert Harding v. Richard Margerum. Debt. Two cases, the second case for charges for the ship Happi Entrance.
Christopher Latemor v. Capt. Robert Harding. For withholding wages for going to the Eastward, and employment about the ship Hapie Entrance. Withdrawn.
William Hollingworth v. Henry Combes. Debt.
Mr. John Holgrave v. William Addis. Debt.
Deborah Skelling of Gloster, having been formerly presented for a misdemeanor, and bound to good behaviour, was released of her bond.
Richard Hutton of Wenham took the oath of fidelity, and was sworn constable of Wenham.
Mr. William Payne v. Benjamin Gillum. For not performing award of Major Sedgwick, Mr. Ric. Russell, Mr. Nickholas Davison and Jon. Turner. Withdrawn.
Mr. William Payne v. Edward Gilman. Forfeiture of a bond. Nonsuited.
John Gillowe v. John Hathorne.
Elias Stileman, sr. v. Walter Bedwell.
Capt. Frances Champernown v. William Crowberd. For absent- ing himself from his master's service.
The Worshipful Mr. Simond Bradstreete v. Thomas Wheeler. For withholding fifteen sheep.
Richard Wilkenson swore that he heard Arther Juwell acknow- ledge a debt due from him to Robt. Gutch.
John Bartrum v. Capt. Thomas Breeden. Debt of six pounds. For part of ship Happy Entrance, which was sold to him.
Garrod Spencer of Linn was appointed administrator of Mihill Spencer's estate.
John Bennett of Marblehead fined 10s. for taking tobacco in the meeting house on the Lord's day.
Mr. William Geerish, being chosen captain of the troop of horse for this regiment, Mr. John Appleton, lieutenant, and Mr. George Corwine, cornet, all were approved and confirmed.
Will of John Robinson of Salem proved by Rich. Prince .*
*Inventory of the goods of John Robinson, deceased, taken 28:
9 : 1653, by Elias Stilemant and Richard Prince :+ 1 house & acre tAutograph.
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Mehetabell Giles admonished for taking a false oath.
Will* of Mr. Thomas Miller of Newbery proved before Mr. Jon. Glover. Inventoryt taken by appraisers sworn before Capt. Wm. Gearish. Amount, 343li. 3s. 4d.
of Land, 12li. ; 5 acres planting Land, 2li. ; 1 3-4 acres of meadow- ing, 4li. ; a peece of meadow at bog pond, 1li .; 5 Cowes, 20li .; 1 heifer, 3li. ; 2 Calves, 2li. 10s. ; 1 bed & boulster, 1li. 10s .; Couer- letts, blanketts & sheets, 1li .; 3 Sutes of Clothes, 2li .; 2 pr. Stockings, 1s. 6d. ; bands & Capps, 2s .; 2 pr. shoes, 6s. ; 1 warming pan & brass kettle, 1li. 14s. ; puter, 6s .; 1 Iron pott & Skillett, 4s. ; 2 sheets & a Trunk, 1li .; 1 hhd., 3s. ; money, 12s .; severall Lumber goods to the Vallue of 1li. ; 40 acres of Land by Geo. Shafling, 3li. ; total, 54li. 8s. 6d.
*The nuncupative will of Thomas Millard of Newbury, made Aug. 30, 1653, proved 29: 9: 1653, by William Cotton and Ann, his wife and John Butler .; Sworn, 29: 9: 1653, before John Glover .¿ He " bestowed his estate vpon his wyfe Ann and his two children Rebecca and Elizabeth to be devided amongst them his wyfe to have one third part thereof and his two children thother two third pts one third part a peece and to haue it payd them on the day of their marriag and his wyfe not hinder them when they are eighteene yeares of age. And his wyfe Anne to haue the ymprouement of it in the meane tyme."
tInventory of estate of Mr. Thomas Millward, who deceased this. life Sept. 2, 1653, taken by Percivall Lowle,; Richard Lowlet and Anthony Somerby :# The house, barn and about 20 akers of upland, about five akers of it being broken up, 45li. ; twelve akers of salt marsh, 10li. ; five akers of salt marsh, 2li. ; three akers of meadow, 3li. ; five cowes, 21li. ; three oxen, 22li. ; three calves, 3li. 10s. ; halfe of two yearlings, 2li. 10s. ; halfe a mare, 6li. 10s. ; halfe a horse, 7li. 10s. ; the halfe of seaven ewes and a ram, 3li. 10s .; sixe swine, 5li .; 8 pewter dishes, 2 basons, 3 poringers, 1 saltseller, 3 butter dishes, one dozen of spoones, 1 pint pot, 3 tining pudding pans, 2li .; 3 silver spoones, 1 Silver cup, 1 Silver salt seller, 3li. 5s .; his weare- ing apparrell, 12li. 10s .; one brasse kettle & 2 small brasse kettles, 1li. 12s .; 2 brasse skilletts, a brasse skimmer and ladle, a brasen chafin dish & pewter candlesticke, 1li .; a lattin lanthorne & lamp & a pare of And Irons, 15s. ; nine sheets, 9li. ; 4 table cloths, a dozen and halfe of napkins, 1li. ; 8 pillow beares, 3 towells, 2li .; 2 feather- beds, 2 ruggs, 1 coverlett and 3 blankets, 11li. ; a wainscot cubbard and a table, chaires and stooles and some other lumber, 1li .; one truncke and three chests, 3li. 6d. ; one bedsted, 12s. ; one warmeing pan, 1 small brasen morter and 2 small friing pans, 13s. 4d .; 2
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Robt. Hull, Jon. Hull and Rich. Waite appealed to Court of Assistants in suit by Capt. Sabada at Salem.
Isack Eng found guilty of stealing goods from Aron Pengrean (also Pengre), an inhabitant of Ipswich. Eng to pay fifty-four shillings or to be whipped.
Thomas Chadwell of Linn fined for abusing Elizabeth, wife of Will. Knight, in her house in holding up his hand to strike her.
Edward Buship of Salem fined for pilfering apples and a knife and for lying, and to pay Mr. Conant for wrong by apples and a jerkin, 2li. 17s. and to William Dodg, 3s. 9d.
Hannah, wife of Edward Bishop, fined for stealing Indian corn, woolen and linen from William Elliott, for milking others' cows and for lying.
Lawrence Sotherick discharged from training, paying 5s. yearly to the company.
Rebecka Bacon brought in an imperfect will* of her deceased
Iron potts and pothookes, 2 prs. of potthangers and a paire of tongs, 1li .; one Iron kettle & spitt, 16s .; one small caske of nailes, 1li. ; two small drinke tubs, one churne and two kellers & some other lumber, 8s. 6d. ; a cart & 2 plowes and a sled, 2li .; 3 axes or hatchetts, 4 wedgs & hamer and other small Implements, 12s .; a fowleing peice & sword, 1li. 10s. ; 2 prs. of bandeleers, 4s .; a gold seale, 1li. ; total, 185li. 13s. 10d. Debts due to deceased in Eng- land, 85li .; due in this country, 9li. 9s. 6d .; a desperate debt in Virginea, 63li. ; total, 157li. 9s. 6d. Whole amount, 343li. 3s. 4d. Ann Millerd made oath to the truth of this statement, 24 : 9 : 1653, before Wm. Gerrish, t commissioner.
*" The Last will and Testament of m' William Bacon of Salem, diseased Wherby he gaue to his sonn Isaack his dwelling house and ground and Meddow, except some certaine parcells of which afterward he shall otherwise see cause ; he is to haue it att the age of one and Twentie years. If he dye before one and twentie his wyfe is to haue it. And if his wife keeps hir self a widdow his sonn is to liue with hir And shee is to take care of the whole Estate.
Item he giues to An Potter one Cowe. Item to his two seruants Fortie shillings apeece Item all his houshold goods, and all his Chattell and all other moueabls whatsoeuer to his wyfe m's Rebeca Bacon And two hundred Acres of Land which is not yet Laid out to his wyfe m's Rebeca Bacon and Three acers of Land in the tenemt As For ouerseers Joseph Boyse and Lawrenc South- weeke." George Emery,t Elizabeth (her mark) Boy [se].
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husband, Will. Bacon. Inventory* of his estate, 184li. 16s. Estate to be divided equally between her and her son Isaac, who is to have the dwelling house, land and meadow, at the age of twenty-one. If the widow marry again, she is to give security, and bring up her son in a manner suitable to the heir of such an estate.
Mr. John Gidney given liberty to draw and sell strong waters.
Bond of Cornelious Hulett and sureties, Samuell Archer, John Kitchin, Phillip Vearin and Theophilus Sallter. Hulett to appear to answer complaint about Elizabeth Due.
John Hathorne of Lynn given liberty to draw and sell strong waters.
Constable of Salem to have two shillings and six pence each for those they whip.
Clemont Coldum, presented for abusing the constable of Gloster in the execution of his office, using reviling words, was fined.
John Norman fined for striking Nathall. Masterson with the helfe of an axe.
Samuell Yeo fined for being much in drink, disturbing the neigh- bors in the night.
" Kate, the blacmoore serut to Daniell Rumboll prsented for Fornication haueing a basterd Child." Fined 20s. or to be whipped.
John Hill and Thomas Bishup fined 40s. each for shooting off two guns, one in the night after the watch was set, causing an alarm.
*Inventory, taken, 26: 7: 1653, by Thoms. Gardner, sr.t and Josif (his mark) Boys, and sworn before Elias Stileman, t clerk : House and Land, 50li. ; one mare, 10li. ; 2 Oxen, 14li .; 5 Cowes, 22li .; 2 Steeres, 9li .; one heifer, 2li .; 3 Calves, 3li. ; 9 Sheepe, 15li .; 7 Swine, 5li .; 4 akers of Indian Corne, 4li .; Ten bushels of wheate, 2li. 10s .; 12 bushels of Rie, 2li. 8s .; 5 bushels of Pease, 1li. ; 3 Feather Beads, 6li. ; 2 Rugs, 2li. ; 3 blanckets, 1li .; Curtaines & Valens for two beads, 2li .; one Flock bead & Covering, 1li. 10s. ; 8 payre of Sheetes, 8li. ; pillibes, 16s .; Table Lining, 2li .; Carpets & qushens, 1li. 10s. ; His wearing aparell, 5li .; Trunks & Chests, 1li .; Beadsteads, 1li .; Chayres & Stooles, 10s .; Brasse & Iiren Ves- sels, 4li. ; Pewter Vessels, 2li .; Plate, 5li .; Books, 2li. ; Tooles belonging to his Trade, 2li. ; 2 Tables, 16s .; Racks & Tongs, 6s .; Maps & Pictures, 1li .; one Musket & other Armer, 2li .; one Cart & Plow & plowgeere, 2li .; Axes, wedges & other Tooles, 1li. 10s .; total, 184li. 16s. Debts & Legasies, 38li.
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William Browne of Gloster, bound over to this court to answer complaint made against Gloster for defect in ammunition, fined twenty shillings.
Peter Pitford presented for striking Joseph Rogers several blows with his fist. Referred to the Governor.
Joseph Rogers presented for beating Peter Petford upon the head with a stone so that the blood ran about his shoulder. Referred to the Governor.
Thomas Bowin presented for being much in drink. Referred to the Governor.
Will. Singleton of Wenham presented for profane and wicked cursing. Referred to the Governor .*
Executions to be issued to the marshal for the fines of those men who have not gone home to their wives.
At a meeting of the Magistrates, Jan. 25, 1653. Present : Hond. Gov., Mr. Simonds and Capt. Bridges.
Mr. Edmond Batter, in behalf of creditors, appointed adminis- trator of the estate of George Parke, " feared to be miscaried in a Late Storme." Signed by Edw. Rawson, secretary.
*Edward Spauldyngt to send to the grand jury by Richard Gold- smitht what he could testify about Will. Singleton's curse, which was "ye pox of God" or " the plague of God confound you." Signed by Edmund Battert in the name of the rest of the grand jury.
Examination of Daniell Gun, taken Dec. 5, 1653: He was ser- vant to John Chater who was weak and lying in bed, and about eighteen months since, his dame Alice, the wife of said Chater, came to his bedside and brought his victuals, etc., and said if her husband died he should be her husband. He criminally assaulted her, etc. Sworn in Ipswich court, Dec. 5, 1653.
Alice, the wife of John Chater, was also examined and she con- fessed that she said she would marry Gun if her husband should die. Sworn in Ipswich court, Dec. 5, 1653, before Robert Lord, clerk.
William Holdred and his wife Isebell testified that about the last of November they were at the house of John Chater of Newbery, by the fireside with said Chater's wife, she having formerly said that she knew something of Daniell Gun. Whereupon the depo- nents asked her what it was, as they wished to acquaint her hus- band who then lay in the same room sick in bed. Then Alice,
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John Chater's wife, went to her husband and confessed to him in an audible voice that when she carried beer or victuals to said Gun, who was sick or lame in bed, he assaulted her. Sworn in Ipswich court, Dec. 5, 1653. Copy of Ipswich court records of Feb. 9, 1653, attested by Robert Lord,* clerk.
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