USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 1 > Part 31
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Georg Croskum testified that about three years ago he fished at Munhegen with Mr. Hill, and staid upon the island after John Devorix went away ; the latter left upon the island two swine and entreated deponent and William Liloby to put them aboard John Willkeson's, who promised to bring them into the bay, and so Mathue Abdie and William Eavens killed one of them and spent it in their voyage. Sworn before Jo. Endecott,* Gov.
Francis Wainewright* and Nathaniell Piper* certified to Good- man Lord that they would satisfy him for Henry Walker's two barrels of mackerel. Dated Ipswich, Sept. 27, 1653.
Theophilus Wilson,* constable, returned grandjurymen in 1652 : Goodman Gittens, Mr. John Apleton, Goodman Perkins, sr., Goodman Adams, sr., Mr. Tredwell, Goodman Pengre and Goodman French [? ].
Robbard Robbords deposed that the lot called the six-acre lot by Seargent Fowle's had very good corn on it, he thought about eighteen bushels to an acre. Sworn in Ipswich court, 27 : 7: 1653.
Edmund Bridges, attorney of John Caldwell, testified that, being in Goodman Bridges' shop, Goodman - being present, he heard him say that a woman and her daughter, gathering berries, saw four women, Mrs. Perkins, Goody Evens, Goody Dutch, etc. As they approached them, the four women sat upon the ground, but when they came near, the women had vanished. He could not say that they were witches.
Writ : Mr. Will. Browne, attorney of Capt. Robert Harding v. Richard Margerum, dated 23: 1: 16-, signed by Jonath. Negus,* for the court. Served by Ri. Wayte, marshal of Suffolk, by attach- ment of defendant's house and land in Boston, 29 : 1: 1654.
Clement Colldam of Gloster acknowledged that he had wronged Wm. Evans by saying that the latter, also of Gloster, stole boards that Colldam had laid at the high water mark at Gloster, and he said he was sorry for it.
Wm. Hathorne* certified that he heard Mr. Wm. Browne say to Theops. Salter, at Mr. Geedney's, that he would never meddle more in the case between Mary Smith and said Salter, and that he had formerly promised Salter the same. Dated, 1: 5 : 1653.
Articles of agreement between Samuel Thomsonn, doctor of physic of Taunten, County of Somerset, and John Cogswell, jr., of Ipswich, in New England, yeoman, about the child, William Thom- sonn : " That the sayd John Cogswell for & in consideration of
*Autograph.
326
SALEM QUARTERLY COURT
[Mar.
COURT HELD AT SALEM, 6: 1: 1653-4.
Present : Hond. Gov., Worshipful Samuell Simonds and Wor- shipful Danll. Deneson, Maj .- Gen.
Jury of trials : Mr. Tho. Gardner, sr., John Horne, Thomas Putman, Francis Skerry, Sam. Shattock and Rich. Prince of Salem ; Jon. Gillowe, Nathaniell Hanford, Rich. Johnson and Georg Burill of Lynn ; Esdras Reade of Wenham ; and James Standish of Man- chester.
Mr. William Payne v. Edward Gillman. Forfeiture of a bond. Verdict for plaintiff .*
nineteene pounds received of the sayd Samuel Thomsonn is to cary over the sayd child William Thomsonn into New England, and (wth the clothes he hath already) him to keepe & maintaine in dyett & clothes decently till the first of November wch shalbe in the yeere one thousand, sixe hundred, fifty & sixe ; & then he is to receive twelve pounds more of the sayd Samuel, for the keepinge of the child for two yeeres longer, vizt till Allste 1658, when the child wilbe ten yeeres old : And from that time he is to keepe the child freely till he bee one & twenty yeeres of age in dyett & clothes ; trayninge him up in the feare of God & teachinge him in the art of husbandry ; the child to be in all due obedience & subjection to him & he to have the child taught to read & write; And if the child chance to dye before the expiration of the time at All ste 1658, then the sayd John Cogswell or his heyres are to pay backe to Samuel Thomsonn or his heyres, the surplusage of the money, allowinge onely foure pounds per annum for the keepinge of the child while he lives : in witnesse whereof, the partyes aboue specifyed haue interchangeably put their hands & seales & to the performance hereof, doe bind themselves, their heires & executors firmely by these pre- sents : Dated Aprill 20th, 1653.
Sam : Thomsonnt John Coggswell.t"
*William Painet of Ipswitch, merchant, and Edward Gillman; of Exeter chose Henery Robye of Hampton and William Howard of Topsfeild arbitrators between them to settle differences dating be- fore 1650. To meet Oct. 24, next, at Mr. Pendleton's house of Puss- cataqua. Dated last day of September, 1653. Wit : Robert Payne .; On 28 : 8 : 1653, Mr. Samuell Dudley was added as a third man. Wit : William Howard; and Humphery Willson. # Sam. Dudley, Henry Roby # and William Howard, # arbitrators, gave in their award on Oct. 28, 1653, that Edward Gilman pay to William Payne 2087
t Autograph and seal. #Autograph.
327
RECORDS AND FILES
1653-4]
John Bayley discharged of his presentment about not going to his wife. Case continued.
Will. Browne of Gloster was given liberty to draw strong waters.
Elizabeth Chin of Marblehead appointed administratrix of the estate of her deceased husband, Georg Chin. Inventory, 34li. 4s. Debts, 33li. 7d.
John Codner was bound to account for what had been received and paid for the use of Jon. Elie, being administrator of his estate.
Garrard Spencer brought in an inventory of the estate of his brother, Michaell Spencer. Amount, 22li. 4s. 10d. Garrard Spen- cer and Capt. Willm. Trask of Salem were ordered to dispose of the estate for the bringing up of Michael's children.
pounds sterling. Bond of Edward Gillman* and Henry Roby* to Abraham Perkins, marshal, that Gillian appear at Salem court and answer Mr. William Pane, 6: 9: 1653. Sam. Dudley* stated for Mr. Gilman's satisfaction that in the award given by Lt. Howard, Henry Roby and himself, they all agreed to consider the case again if any new evidence was offered. Dated, Nov. 1, 1653. Henry Roby* also attested to truth of this statement. He made oath relative to the award, before Christopher Hussey* and Jeffry Mingy,* com- missioners of Hampton. William Howard also deposed in court before Elias Stileman,* clerk.
Nathanell Drake* and John Redman* deposed that, being at Rowly with Abraham Perkines, they saw said Perkines deliver an attachment of Mr. Edward Gillman to Daniell Rofe of Rowley, de- siring him to deliver it to Mr. William Payne of Ipswich, etc. He left it at Mr. Paine's house. Dated 3: 1: 16 -.
Humphrie Humber* deposed that, being at Rowly, he heard Abraham Perkins, marshal of Hampton, ask Daniell Roffe if he had delivered the attachment concerning Mr. William Paine and Edward Gillman. Roffe said "yes," having left it at Mr. Paine's house at Ipswich. Dated, Hampton, 1 : 1 mo : 1654.
List of goods the marshal attached June 14, 1653, of Arthur Juell's : A hatt & one great Coate, one payre of breches, one dub- let & one wascote, one side coate, 5 shirts, 5 Handkerchers, one neck cloth, 3 bands, a silek sash & silck neck cloth and a chist. Mr. Paine's bill of costs, 20s. 2d.
Jeffery Mingay* testified that at the request of Robert Lord, marshal, he and Abraham Perkins appraised the meadow and up- land taken by execution, 5 : 8: 1653.
Daniell Rofe deposed about service of attachment, which was left with him and which was lost about two days before Salem court. Sworn, Mar. 4, 1653-4, before Daniel Denison .*
*Autograph.
328
IPSWICH QUARTERLY COURT
[Mar.
COURT HELD AT IPSWICH, MAR. 28, 1654.
Judges : Mr. Brodstreet, Mr. Symonds, and Major-General Den- ison [and Mr. Hubard .- Waste Book.].
Jury of trials : Georg Giddings, Thomas Harte, Jo. Layton, Tho. Wells, Will. Addams, jr., Jo. Denison, Will. Sticknye, Jo. Person, Tho. Abbott, Jo. Poore, Jo. Bayley and Rich. Petengall.
Isaack Coussens v. Stephen Kent. For not delivering a horse colt that came of a gray mare .*
Isaac Coussen v. Richard Shatswell. For withholding his part in a colt.t
*Writ : Isaack Cosens v. Stephen Kente of Haverhill, dated Mar. 20, 1653, signed by John Whipple; for the court.
John Tilletsont testified that on a lecture day at Newbery about the middle of the winter he heard Isack Cossens demand two colts of Steeven Kent, who replied that they were in the woods, but he would make it his business to find them. Cosens answered, "I pray y" doe soe, for it is great damag for mee to leaue worke to come hither." He asked Kent to deliver them at Newbery Neck, and the latter agreed to do so. Sworn in Ipswich court, 28: 1 : 1654.
Martha Newmarsh deposed that being in the shop of Isaac Cus- sens about the middle of last winter, she heard Kent agree to de- liver the colt to Cossens. Sworn in Ipswich court, 29: 1: 1654.
Thomas Lelford, deposed that they talked about this colt, and an exchange was made, said Kent receiving a pair of steers for the colt. Sworn, June 23, 1654, before Robert Clements. ;
Thomas Eyres testified to being in Isacke Cossen's shop more than a year before, and heard the bargain about the colts, to deliver them, one at Abraham Morall's of Salsbury and the other at Rowly. Kent asked Cossens to make him a ploughshare by the time to break up the ground, and he agreed to do so or forfeit a certain sum of money, whereupon they shook hands and agreed that it was a bargain. Sworn in Ipswich court, 28: 1: 1654.§
tThomas Kimball testified that Richard Shatswell showed Isacke Cusens the colt that was between Mrs. Backer and said Richard, and Isaace did not give him an answer whether he would have it or not. Said Richard desired him to take the colt and he refused. Sworn in Ipswich court, 28: 1: 1654.
Edward Clark of Haverhill deposed that being at Ipswich the
#Autograph.
§This deposition was written on the back of a manuscript sermon by Rev. Samuel Phillips of Rowley.
329
RECORDS AND FILES
1654]
John Emery, sr., John Emery, jr., Samuell Moore, Frances Plum- mer, Jo. Pike, sr., and Tho. Bloomfield, in behalf of some of the inhabitants of Newbery v. Jolin Merrill, in the name of the rest of the late townsmen. For giving, selling, or exchanging the town's lands or commons without order. Withdrawn.
John Holgrave v. William Sergent. For refusing to carry out a bargain of lands bought of plaintiff. Withdrawn .*
latter part of last December in Isaac Cousens' shop he heard Rich- ard Shatswell sell said Cousens one-half of a horse colt, the other half being owned by Mrs. Baker, for 3li. in corn and 40s. in tools, such as said Shatswell desired and as Cousens could make. These were to be of good iron and steel, and he was to put his best art and skill into the making of them, and sell them as cheap as they could be bought in another place. Cousens was to go as far as the common gate to see the colt. Sworn before Robert Clements, t 23 : 1: 1654.
John Tod deposed that Richard Zachell accepted 22s. which was due said Tod from him, etc. Sworn in Ipswich court, 28 : 1: 1654.
George Palmer testified that having an extraordinary occasion to have tools made that he could not be without, he saw Goodman Zachell in Isaac Cosins' shop, and they spoke about the colt. Sworn in Ipswich court, 28 : 1 : 1654.
Peter Godfrey testified that Stephen Kent of Haverhill came to him with Isaak Cousens the last spring about the colt. Sworn 23: 1: 1653, before John Sanders, one of the commissioners for Newbery.
*Robert Tuckert and John (his mark) Harden, commissioners of Gloster, testified that William Seargent asked him to plow the land in question, 1653-4.
Moris Somes, aged about fifty years, deposed that about the ninth month last he heard Wm. Seargant ask Mr. Holgrave what he would do with the land he was to have of Thom. Piney, and fur- ther said that he would better settle about it while he was here for he would not be troubled about it any more. Mr. Holgrave told him not to trouble himself about that, because he had spoken to Goodman Piney. Further deponent said that he heard Mr. Seargant say that he had bought of Mr. Holgrave the lot that was Thom. Kent's. Sworn before the commissioners at Gloster, Robert Tucker and Robert (his mark ) Ellwell, 23: 1: 1653-4.
Robert Tuckert testified that Mr. Holgrave came to his house about three months ago, and said that he had sold the lot he bought of Thom. Keent to Wm. Seargant, and desired him to record it in the town book. Dated, Mar. 23, 1653-4.
tAutograph.
330
IPSWICH QUARTERLY COURT
[Mar.
Edmond Batter v. John Legg. Debt due from Arther Batten, which defendant promised to pay to plaintiff .*
*Writ, dated 27: 11: 1653, debt, signed by Francis Johnsont for the court. Served by John Bartoll, constable of Marblehead, Mar. 7, 1653, by attachment of house and land of defendant.
Katherine Mowre, servant to John Hathorne, aged seventeen years, deposed that this last winter there came a young man to her master's house and said that Mr. Batter sent him for a young man who had been at her master's house, and whom Mr. Batter had sent to prison with others, etc. Sworn before Rob. Bridges, t 25 : 1: 1653-4.
Jane, wife of Erasmus James, aged fifty-three years, deposed that Arthur Batten, was attached by the marshal of Salem, for Edmund Batter. John Legg came to the house of Erasmus James and asked him to go to Lin and bring Batten back; further being in the house of Thomas Bowen the same evening, Legg's wife, be- ing there, said " wee where to pay Mr. Batter twelve pounds at michellmas, 6li. live or dy, 12li. if he lived, betweene William Nick and vs ;" and that her husband had made a vow that he would be bound for no man, for William Nick had enough in his hand to pay himself. Sworn before John Endecott, t Gov.
Elizabeth Bowen, aged twenty-six years, deposed that Goodwife Legg came into her house, where was Goodwife James, who asked Mrs. Legg whether Mr. Batter and they were agreed. She replied that they were, whether Arthur Batten lived or died, etc. Sworn before Jo. Endecott, t Gov.
Sara Bradstreet, aged sixteen years, testified that about the sev- enth of this instant month Mr. Batters came to the mill and the miller's wife told him when Cutler came for the horse he said that Mr. Batters and others sent to fetch Arthur Batten back when he was going to prison, etc. ; that Mr. Batters said that Goody Leg desired Samuell Cutler to go and bring Batten back and he would not; deponent further said that Mr. Batters said he bade him get the horse that brought home the miller's wife and bring him back and Goody Leg would pay. Sworn before Jo. Endecott, t Gov.
Erasmus James, aged forty-nine years, deposed that John Legg " desired me to goe on a message for him, I asked him whether, the said Legg Replied to fetch back Arther Batten that was gon to prison. I asked him what I should say unto him & whether you were agreed he answerd me that we shall agre well enough," and desired deponent to get him. Further that Tho. Bowen had a five- shilling piece that would pay for both their suppers at John Ha- thorne's, etc., and " in the morning when Batten Came home he bid goodma Legg Goodmorrow & tould him He was Com once tAutograph.
331
RECORDS AND FILES
1654]
John Hathorne v. Edward Richards. For not performing an award of arbitration according to bond. Withdrawn. [Edmund Bridges undertakes for this action .- Waste Book.]
againe, Jo" Legg Replied he might goe againe if he would, Batten then saide whie haue you not passed for me, Legg answred & said noe not I." Sworn before Jo. Endecott, t Gov.
William Nicke testified that Mr. Batter, Samuell Cutler and him- self, being in the house of John Legg, Mr. Batter desired him to go to Linne and fetch Arter Batten, "who goeth noe further to- night than John Haythorns. I made Answer I could not for I looked for fish to come in, then said M' Batter pray gitt Henry Treuett, but he was one the same imploymte & could not goe, then said Mr. Batter pray Samuell Cutler goe you I haue giuen them a pece of eight to pay for all yor supers still he refused then said ME Batter pray goe to the mill & gitt the horse that brought home the miller's wife he refused againe then M' Batter sayd prethy goe & I will pay yo" twelve shillings for Goody Legg then Samuell Cut- ler said if I can gitt the horse I will goe." Sworn before John Endecott,t Gov.
Martha Beale, aged twenty-two years, deposed that Samuell Cutler came to the mill and told them that one of their neighbors was going to prison, and asked them to lend him a horse to bring him back. Further Cuttler said that he would do more for Mr. Batter than for any man. Sworn before Jo. Endecott, t Gov.
Samuell Cutler deposed that he was at the house of Jno. Legge of Marblhead for money due to him for work done. Edmund Bat- ter being there, Jno. Legg's wife said " wee were come to Compo- sition concerning Arthur Batten," and Legg's wife and deponent were importuned to go to Lin to get Batten who was there in custody of the marshal and on his way to prison. Legg's wife told Batter to pay deponent what was due him and also for the journey and she would refund the money to him. Deponent was not certain about going and Jno. Legg hired Erasmus James to go, and depo- nent and said James met at Line. Sworn before Jo. Endecott, t Gov.
William Beale, aged twenty-two years, deposed that Samuell Cutler came into the mill, requesting the horse that brought home his wife from Rowly to bring Arthur Batten back from Lynn, on his way to Boston prison at the suit of Edmund Batter. Deponent asked Cuttler who sent him and he answered Mr. Batter and others, and that said Batter did not know his own mind. Further he heard Thomas Boen say that when Cutler came to Lin for Batten, he told Cutler that he should have no prisoner there unless he be in the hands of the marshal. Cutler answered that before Batten should go to prison, he would be bound for him himself. Sworn in Ipswich court, Mar. 28, 1654.
tAutograph.
332
IPSWICH QUARTERLY COURT
[Mar.
Frances Perry v. Mr. John Beax, Mr. Henry Webb, Mr. Joshua Foote & Company and Mr. John Gifford, agent of the company. Debt. For work done by him and his team at the Iron works. Respitted until the next General Court. [Mr. Ed. Hutcheson un- dertakes for this action .- Waste Book.]
William Beale v. Samuell Cuttler. Slander. Judgment for plaintiff, and defendant to make acknowledgment at the next lec- ture at Salem, etc. Defendant said that plaintiff stole corn .*
John Bradstreet, aged twenty-four years, deposed that Mr. Bat- ter came to the mill and Martha Beale told him that Samuel Cutler came for the horse, etc. Sworn in Ipswich court, 28: 1: 1654.
*Writ, for slander, dated Mar. 20, 1653-4, signed by Francis Johnsont for the court. Served by Jo. Bartoll,t constable of Marblehead ; James Smith, bail; John Broadstret and William Bartoll stood ready to depose.
Moses Mavericket certified, 25 : 1: 1653-4, that when William Beale, miller, ground his corn there three or four years past, he found its weight was all right. But hearing complaints made, he took more notice of what he sent to the mill, and several times weighed the corn before he sent it, unknown to the miller. He weighed the meal when it came home and never found any loss worth speaking of, perhaps a pound in a bushel. Sworn before [Francis ? ] Johnson.t
Sara Bradstreete, aged sixteen years, deposed that Goodman Smith of Marblehead and Samuell Cutler came to the mill Lord's day night, about " shutting in," being the first day of the month. Cuttler served two warrants upon Beale to appear before the Governor the next morning. Beale complained, being at work when they came in the morning, that it was an unseasonable time. " Goodman Smith coming neare to the fire & Leaning uppon his staff with much earnestnes shakeing his head & on of his hands at Will. Beale saied to him take my word Sam shall follow you in this case as close as ever you were followed in your Life I protest I kno how to deale with knaues doe not think all are ned Pitfords." Sworn before Jo. Endecott, t Gov.
John Stacy, aged sixty years, deposed that being at the house of his son, Henry Stacye, as soon as evening meeting was done, Samuell Cutler came in and said he was going from Marblehead to Castle hill, and every one in the town suffered him to go in peace except the miller, who had a warrant against him, but it would be better for the miller to take 14li. out of a bushel or half a bushel of corn again than to serve that warrant, for he had two warrants in his pocket for the miller. Sworn before Jo. Endecott, t Gov.
tAutograph.
333
RECORDS AND FILES
1654]
John Fullar v. Issack Comings. Trespass. For taking away a heifer. Judgment for plaintiff .*
John Bradstreet, aged twenty-four years, deposed that he served a warrant upon Samuell Cutler in the behalf of William Beale, and repeated a conversation about taking excessive toll, etc. Depo- nent further said that coming from William Edmunds with Mary Rowland, the latter told deponent that corn she had sent by Samuel Cutler and some she had taken herself to mill were short weight when returned. Thomas Boen was a witness to the proceedings in the mill. She said that William Beale should be hanged before he ground any more meal for her. Sworn at Ipswich court, 28 : 1 : 1654.
Thomas Boen, aged twenty-six years, deposed that, being at Marblehead, Mistress Mary Rowland came to grind, and she began to chide the miller's wife, and said she did not come there for love of them nor any good usage she had received from them but for her own need, and said she would not come there again to grind. The miller told her she might go where she wished, that he would do no more grinding for her. She answered that if he would not grind it, she would grind it herself. She further told the miller that he sold her corn for wheat and it proved to be barley, where- upon the miller poured out Mary Rowland's corn into the half bushel and bade deponent to take notice of the half bushel, that it was sealed and the toll dish was sealed, and also to take notice of the toll he took, and the corn was ground out very clean. Sworn before Jo. Endecott, t Gov.
Jone Pittford testified that, being at the mill, there was a lot of wet corn belonging to John Legg brought there by some boys. The miller put it upon the mill but the stones would not grind it, and he was obliged to put some dry corn in to clear the mill. While the miller was busy about the mill, the boys put up their meal and went away, and the miller said to deponent, after he had discovered that they had gone, " Pray tell goody legg that heer is some of her meale left behinde," which was about half a peck. This deposition was written by Francis Johnson.t Elizabeth Leg acknowledged # that Jone Pittford told her about the meal and that said William sent the extra meal to her by Dorothy Doliber, which was more than she expected. The whole amount ground was a half bushel.
Warrant to Will. Beale of Marblehead, for taking double toll for his grist, and for spoiling his grist, dated 4 : 1 : 1653-4, and signed by Elias Stilemant for the court.
*Job Bishop testified that John Fuller, having brought four young cattle, three bulls and a brown heifer to Goodman Jacobs
tAutograph.
#Written on the reverse of this paper.
334
IPSWICH QUARTERLY COURT
[Mar.
Richard Kent v. William Moody. For detaining ten acres of land. Withdrawn.
Mr. William Payne v. Robert Nash, Lt. Willm. Hudson and
one morning, and deponent being there also, he asked one of Good- man Jacobs' household whose cattle they were and learned that they were Goodman Fuller's. Late in the year he saw the same cattle with " our" oxen in Goodman Jacobs' pasture and took notice of the reddish brown hair on their backs and their brown ears.
John Lee testified that he recognized the heifer by the color, and by her off ear, which had been frost-bitten, whereby a scale was on that ear, making it shorter than the other. There was a dent in the ear when the scale came off. This heifer had been daily in his sight.
John Sheepard testified that this was the same heifer that John Fuller brought to his master Jacobs, also that Goodman Cummins went to "our house" one morning and asked if they had seen a stray heifer. Cummins looked at this heifer and said it was not his, and he was afraid the wolves had got his heifer.
John Avery testified that he, dwelling with Goodman Cumins the last year, knew a brown yearling heifer which Isaac Cumins said he bought of Mr. Simond's son. It was a dark brown heifer with horns growing forward and the points of the horns turning inward. It was marked on the under side of the off ear by a piece cut out about two inches deep.
Matthew Whepple testified that he saw Goodman Cumins and Goodman Starkwether and his man drive away the heifer from in front of Goodman Fuller's barn, and the latter asked deponent to bear witness to the same.
William Clarke testified that, living in John Fuller's house, the latter had a brown heifer which he thought had been hurt and he asked deponent to catch her that he might look at her. They found a great scab on her off ear, and deponent asked what was the matter with her, and Fuller replied that she was frost bitten. He further testified that coming to the mill this winter, he met said Fuller and the constable going to replevin this heifer and later in the day, on his way home, saw them again with the heifer before them. She knew the way home well enough because she kept a pace before them, and the heifer that said deponent saw was the same heifer that he helped John Fuller catch the winter before.
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