USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 1 > Part 32
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John Vargison deposed that this brown heifer was the heifer that John Fuller brought to his master Jacobs, etc.
Umphrey Griffen testified as to the marks on the heifer.
All the foregoing testimony was sworn in Ipswich court, 28: 1: 1654, Robert Lord,* clerk.
*Autograph.
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1654]
and Serg. George Halsall. Debt. Forfeiture of a bond. [Non- suited .- Waste Book.]
Joseph Jewett v. Mathew Bridges. For a mare not proving to be with foal .*
Joseph Armitage v. Mr. John Beax, Mr. Henry Webb, Mr. Joshua Foote & Company and Mr. John Gifford, agent of the com- pany. Debt. For work done by him and his team. Respitted until next session of the General Court.
*Ens. John Carter of Wobourne and Joseph Lampson of Cam- bridge deposed that the dark gray mare which Mathew Bridge of Cambridge sold to Joseph Juite of Rowley was very fairly covered by a stone horse in or about May, 1652. Sworn, Mar. 16, 1653-4, before Daniel Gookin.t
Richard Ecles, aged forty years, testified that he was present when the agreement was made about the mare which Joseph Jewite (also Jewitt) bought of Mathew Bridge in the 10 mo: 1652. He went to Cambridge with said Jewett when he demanded satisfac- tion of said Bridges. Sworn at Cambridge, 24 : 1: 1653-4, before Daniel Gookin.t
Ens. Edward Winship and Tho. Danforth of Cambridge deposed concerning the mare and colt. Sworn, 25: 1: 1654, before Daniell Gookin.t
Dea. John Bridge of Cambridge deposed that he had had experi- ence with horses for more than thirty years, and that he heard Joseph Jewite blame his son Mathew, saying that the latter had deceived him in telling him that the mare was with foal. He thought the mare had been hurt in transportation. Sworn, 25: 1: 1654, before Daniell Gookin.t
David Fiske of Cambridge, aged about thirty years, testified that the mare belonged to him two years before Mathew Bridge had her, and the latter had owned her four years, etc. Sworn, 25: 1 : 1654, before Daniell Gookin.t
Richard Eccles of Cambridge, aged about forty years, deposed, 15: 12 : 1653, that the price agreed on between Bridge and Jewitt for this mare was 30li., and if she should prove not to be with foal, the amount that a colt was adjudged to be worth should be deduct- ed. Sworn, 25 : 1 : 1653, before Daniell Gookin.t
Answer of Mathew Bridge* to Joseph Jewitt at the Ipswich court. Jno. Carter and Joseph Lampson deposed. David Stone testified that the mare was delivered to the plaintiff at Charles Towne, remained there several days and afterwards was " boated " over the ferry to Winnisimit in the depth of winter.
tAutograph.
336
IPSWICH QUARTERLY COURT
[Mar.
Joseph Armitage, attorney for John Chakesfield v. Mr. Jo. Becks, Mr. Henry Webb, Mr. Joshua Foote & Company and Mr. Jo. Gifford, agent to the said company. Debt. Nonsuited.
Mr. John Gifford, agent for the company of undertakers of the Iron works in New England v. Joseph Armitage. Damage to an anchor and taking away a boat, etc. Withdrawn.
Mr. John Gifford, agent for the company of undertakers of the Iron works in Lynn and Brantry v. - -. Debt. Withdrawn. Jer. Belcher v. Ned Acockett [Edward Cocket .- Waste Book.], an Indian. Debt. Withdrawn.
Made free : Thomas Burnam, Will. Fellowes, Aron Pengry John Ayres and John West of Ipswich ; and Nath. Weare, sr., Rich. Dole, John Emery, jr., Rich. Bartlett, Will. Cottell, Tho. Bloom- field, Tho. Seers, Will. Chandlour [Steph. Greenliefe .- Waste Book. ] and John Davis of Newbery.
Georg Palmer took the oath of fidelity.
John Knight, jr., sworn constable of Newbery.
Capt. Gerish, Nicolas Noice and John Pike sworn commission- ers to end small causes for Newbery.
Wills of John Knowlton and Margery Knowlton proved and inventory filed.
Will and inventory of Jane Kening proved.
Will and inventory of Marke Quilter proved.
There was a verdict at the last court against estate of Robert Beacham in favor of Jeremiah Belcher, but judgment was not given on account of the defendant being out of this jurisdiction. Judgment now granted. Jeremiah Belcher bound over his house and orchard wherein he then dwelt that Robert Beacham reverse the judgment.
Geog Smith and George Ingersall acknowledged judgment to Mr. Robert Payne.
Mr. Webb, Mr. Foote and Mr. John Gifford, summoned by Ed- ward Richards, and action not entered, were allowed costs.
Mr. John Gifford was summoned by John Ramsdell. Action not entered.
Mr. John Gifford was summoned by Joseph Armentage. Action not entered.
John Leigh, being about seventy years of age, discharged from ordinary training.
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[Capt. Paul White was licensed to draw wine and strong water at Newbury.
George Ingersall acknowledged judgment to Mr. Robert Payne. - Waste Book.]
Robert Day released from ordinary training, paying 6s. a year to the company.
William Moore relieved from ordinary training, paying 5s. a year to the use of the company.
Mr. Reyner presented Nehemiah Abbott and Thomas Abbott, jr., who acknowledged that they had received satisfaction from Mr. Humphry Reyner and Thomas Mighill, guardians to the children of Georg Abbott, for their portions. Thomas Abbott, sr., and Ne- hemiah Abbott testified that their brother, George Abbott, had sat- isfaction also. The guardians were discharged.
Duncan Stewartt* [Stuart .- Waste Book.] and An Winchest* to be whipped for fornication, the man that afternoon and the woman when she should be called out by the magistrates, after she was de- livered. Together they were to bring up the child and pay charges.
Jafery Skenelling bound to answer about committing fornication with Mary Dane.
Mary Danet ordered to be whipped for fornication, after she was delivered, when the magistrates [of Ipswich .- Waste Book. ] called her, and to be at all charges for the bringing up of the child.
Andrew Creeke and Mary Indian to be whipped .;
*Servant to George Hadley.
tShe was a servant of John Perkins, jr.
#Andrew Creek and Mary, an Indian, servants of Mr. William Payne, presented for fornication.
List of presentments, March, 1654, signed by Will. Paine, § in the name of the rest :
Daniell Rolfe, for not returning an attachment to Salem court. Wit: Abraham Perkins and John Redman of Hampton, Mr. Wil- liam Payne and William Bartholmew.
Town of Newbery, for defects in a country highway near Good- man Adams' farm. Wit: Captain Gearish and Goodman Thurwell.
Mr. Henry Sewell, for pushing Mr. Juett in a very offensive manner in the public assembly on the Lord's day. Wit: John Spafford and John Palmer.
Wife of Will. Houldreg of Newbery for unseemly carriage with John Chater.
§Autograph.
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IPSWICH QUARTERLY COURT
[Mar.
Will and inventory of Thomas Scott proved.
Will and inventory of Mr. Samuell Symonds, jr., proved.
Administration on the estate of Richard Holingworth, deceased, granted to the widow Holingworth, Capt. William Hathorne, Mr. Henry Bartholmew and Thomas Wilks, all of Salem.
Alexander Knight fined 20s. for carelessness in not preventing fire after warning.
Administration on the estate of William Varney, who died in- testate, was granted to his widow, Bridgett Varney. He left three sons and one daughter. Ordered that the eldest son have 8li. within three months, and the other children 4li. each at the age of twenty-one. *
Administration on the estate of John Cooley, who died intestate, was granted to the widow, Elizabeth Cooley. Amount of inven- tory, 66li. 14s. 8d. The children were three daughters, who were to receive 6li. 13s. 4d. each within three months after demand .;
*Inventory of the estate of William Varney of Ipswich, de- ceased, taken 1: 1 : 1653, by George Gidding and John Cogswell : 2 flock beds and flock boulster and 2 pillows, 2li. 10s .; 2 blankets, one sheet & other beding, 1li. 12s .; his weareing aparell, 3li .; bushells of wheat, 15s. ; 2 bushells 1-2 of Indian corne, 8s .; in lum- borments, 5s. ; in axes and tooles, 15s .; a brase pot & frieing pan, 11s .; houses & land, 25li .; in cattell, 22li .; in bookes, 6s. 8d .; to- tal, 57li. 2s. 8d. Debts owing from the estate, 6li.
¡Inventory of the estate of John Coolye of Ipswich, deceased, taken Mar. 14, 1653, by Edward Brownet and Robert Lord :; House & ground about it, 10li .; 6 acres of planting land, Sli .; 2 cowes, 2 heifers, 1 too year ould & one yeare ould, 21li .; 2 shotes, 1li .; one Fetherbed & boulster & floke boulster, 3li .; 2 pillows & one ould flock pillow, 10s .; pr. of ould blanketts & ould rugg & one better Rugg, 1li. 10s .; 1 paire of ould curtayne & valiants, 15s. ; one ould bedsted & straw bed, 4s .; a trundle bed, 5s. ; 2 pr. of ould sheets, 15s. ; pillow beeres, 12s .; 1 table cloth, 4 napkins & a towell, 10s. ; 2 ya : hempen cloth, 3s .; all his weareing apar- rell, 8li .; 2 ould chests, 6s .; in pewter, 1li .; 2 settells, 2 Skilletts, 1 morter & pestle, 1 brase chafen dish & skimer, 1li. 6s. 8d .; a warmeing pan, 6s. 8d. ; one Iron pole & frying pan, dripen pan & a pr. of pot hookes & a tramell, a greediron & spitt, 1 li. ; a mus- ket, sword & other things belonging to the armes, 1li. 2s. ; 5 bush- ells of corne, 15s .; beetles & wedges, 2 axes, 2 howes, 13s. 4d .; 1 matock spad & shovell & other small toolles, 12s. ; a lenen wheele #Autograph.
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Henry Bachelour discharged, and his wife to be admonished. John Smith discharged of his presentment.
COURT HELD AT SALISBURY, 11: 2: 1654.
Grand jury : Mr. Sam. Hall, Willi. Estow, Isack Pirkins, Henry Dowe, Willi. Moulton, Willi. Fuller, Edward French, Isack Buswell, Rich. Goodale, Tho. Barnett, Sam. Greile, James Fiske and Jno. Gyllman.
Jury of trials : Tho. Macy, foreman, Robert Tuck, Thomas Warde, Willi. Swaine, Christopher Palmer, Phillip Challis, John Clough, Jno. Ilsley, Willi. Buswell, Job Clement, Rob. Swan, Jno. Robison and Jno. Gillman ; in the appeal, Mr. Tristra. Coffyn, Steven Kent, Orlando Bagley, Josiah Cobham, Jno. Dickison, sworn, and Tho. Pettitt.
Hugh Sharratt v. Henry Hiskeas. For complaining to Mr. Bradstreet that plaintiff used him ill, unreasonably beat him and threatened to beat out his brains. Verdict for defendant.
Robert Swan v. Jno. Williams, jr. For detaining a heifer of his which would be three years old the March following .*
& 2 pr. of cards, 6s. ; a poudering tubb, keelor, 2 chaires and other lumbar, 18s. ; hempen yarne & hemp & tow, 12s. : one bible & other bookes, 15s. ; a payre of bellears, 2s .; 3 skins, 2 bushells of mault, 16s .; total, 66li. 14s. Sd.
*Writ : Robert Swan v. Abraham Whittaker, defamation, for reporting that said Robert encouraged Robert Swan to witness for him and used arguments to provoke him, also for saying that when Frances Swan came to write her testimony concerning the heifer in controversy between said Swan and John Williams, jr., she spoke doubtfully at first, but before she had been half an hour in the house, having talked with Robert Swan, she said that the heifer was his ; dated May 24, 1654. Signed by Richard Littlehale]t for the court, and served by Daniell Henricks,t constable of Haver- hill.
John Ayrs, jr., deposed that the beast that John Williams, jr., had of the latter's father was the same which was in controversy between Robertt Swann and John Williams, jr. Sworn, Sept. 30, 1654, before Robert Clements.t
John Hasletine and Joane, his wife, deposed that, after the last Salisbury court, they heard Abraham Whittacre say, if he were called again to testify, he could tell more about the case. Sworn, Oct. 2, 1654, before Robert Clements.t
îAutograph.
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SALISBURY QUARTERLY COURT
[Apr.
Christian Davis deposed that Abraham Whittaker went into her husband's yard when the heifer was there, in the winter before the last Salisbury court, and she heard said Whittaker say that the heifer was Robert Swan's ; also she heard Whittaker say that when Robert Ames was at said Swan's house to have his deposition writ- ten concerning the heifer, he was sleeping, and they would speak now and then to him ; and that said Whittaker had said since the court that the heifer was Swan's, and that he had probably incurred the displeasure of some on account of his testimony, but was not troubled about it. Sworn, Oct. 2. 1654, before Robert Clements .*
Roberd Clemand deposed that he took the mark of the heifer for that of John Williames, jr., and that it was a slit in the right ear, etc. Sworn, Oct. 2, 1654, before Robert Clements .*
Tho. Davis deposed that after last Salisbury court, having heard a rumor that Abraham Whitacre was slandering Robert Swan, said Whitacre went into his house and deponent warned him against speaking such scandalous words. Whitacre replied that he was troubled in his mind about the depositions of Robt. Ames and Frances Swan, " askeing of him why, he answered yt that the boye was sleepeing w" the deposition was written but I am more trobled about Frances Swan because she seemed to be uncertayne at her first comeing yet after speech with hir brother swore positiue. further this deponent presing upon him to take heed how he did charge such things agst Goodm Swan he replyed I know yt Swan doe goe agst his conscience to wch I replyed take heed how canst thou tell yt did he euer tell the soe but he continued to speak such like words defameing him as I aprhended further sayeing to him I heare yt thou findest falt with thy owne oath he answered that wch he had sworne was true but he was at one thing because I did not put in to my best knowledge but positively."
Richard Swan deposed that, living close by, he looked after Rob- ert Swan's cattle, the latter being for the most part from home ; that he had known this heifer ever since she was a fortnight old, and Robert Swan's wife and Francis Swan tended them formerly ; that Robert Swan gave it when a calf the same ear mark as depo- nent's, and the latter looked after the cattle as carefully as if they were his own ; that when the heifer was a year old and Robert went to live at the river side, this little beast and another steer were not fit to drive, so said Robert left them with deponent until the latter end of May, and then they were driven up to the pasture ; that they remained there about a quarter of a year, and upon coming back to the town they stayed with deponent nearly until " Krisenmis," after which Robert took them home again to his house at the river side; that about the latter end of February, having had a beast torn by the wolves, said Robert brought this heifer with others to
*Autograph.
341
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1654]
deponent, who kept themun til the latter end of April. Sworn before Ric. Dumer .*
Writ : Robert Swan v. Henry Palmer, defamation, for saying that plaintiff had gone very sinfully to work in getting the heifer in controversy between John Williams, jr., and Robert Swan the same day that the court broke up at Salisbury last spring ; also for saying that he would not have done so for all the cattle in Haver- hill, Hampton, Salisbury and Rowly, and that said Swan should have considered that his deponent, Robert Ames, had a soul to save ; also for going to said Swan's witness and influencing him so far as to bring him to Mr. Clement to have him sworn, Swan urging and provoking him to swear falsely concerning the heifer ; also for de- faming him before twenty men at one time by saying that Swan sinned, and upon being asked if he had dealt with Swan in a church way, he answered that he did not need to, for it was a public of- fence in the court; dated Sept. 26, 1654. Signed by Richard Lit- tlehale,* for the court.
Thomas Air deposed that he heard Robart Ames had been at Mr. Clements to take oath, but he ran away and did not do it. Depo- nent being at the house of William Willes afterward, he asked Robert Ames if the heifer was Swan's and he answered that it was not, but that the latter had a little heifer when he drove a plow for him at Rowly which was very similar; he thought this was John Williams'. Ames further said that Swan said he must swear for him, but that his master and dame would not let him. Sworn, Oct. 2, 1654, before Robert Clements .*
Richard Ormsbee deposed that after the trial, John Williams, sr., came to him and asked him to go and see whether the heifer in controversy was the one he had kept in the dry herd for John Williams; that deponent went accordingly betime the next morn- ing before people were stirring, so that no one should show the beast to him, but to pick it out himself, and succeeded in finding the right one ; that said Williams told deponent that he had marked the right ear with a slit and a crop.
Robert Clements, jr., deposed that he heard James Pecker ask Abraham Whittaker if he could swear that the heifer was Robert Swan's, and he answered that he could not, and if any one so declared, he lied. Also being with said Whittaker, after he had taken his oath, the latter said he was troubled about what he had done, and that he was influenced by Swan, as also were Robert Ames and Francis Swan. Deponent told him to be silent and keep it to himself as he had no desire to hear it. Joseph Davis deposed the same, and was sworn, 21: 12: 1654, before Robert Clements .*
Mary Pesle (also Peasely ) deposed that John Williams inquired *Autograph.
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SALISBURY QUARTERLY COURT
[Apr.
of her about a heifer which he had lost and which had a white spot on her flank; also that she asked Abraham Whittacre why he took such an oath and he told her he had sworn to the truth ; that she heard Goodwife - say that the heifer in controversy was old James Davis'. Sworn, Sept. 30, 1654, before Robert Clements .*
John Williams, sr., deposed in regard to the earmark of the heifer of his son, John Williams, etc. Sworn, 20: 12: 1654, be- fore Robert Clements .*
James Fiske deposed that coming from Salisbury court with Goodman Palmer and Robert Swan, Palmner said that he would not have done what Swan did for all the cattle in Haverell and Salis- bery, etc. Sworn, Feb. 23, 1654, before Daniel Denison .*
Nehemiah Abbott deposed that, being at John Haselltin's, he heard Robert Swan ask Robert Ames if he did not know his heifer which he had among his cows when he lived on that side the water ; Ames answered that he did, and that she was kept at Goodman Williams' yard on the other side of the water; also the same night deponent was in Haverill with said Swan and Ames, and the latter agreed, without any urging, to swear that the heifer was Swan's. Dated the beginning of winter, 1653.
George Corley deposed that, being at George Browne's house the last spring, the latter said that if he were John Williams, he would have the case tried again ; also that Goodman Palmer said he told Swan it should be tried again if he had to pay half the cost of it himself. Sworn, 21: 12: 1654, before Robert Clements .*
Richard Littlehale deposed that Abraham Whittaker deposed be- fore him that he bought the heifer of Robert Swan when he lived at Rowly, and sold it to him again. Sworn, Oct. 2, 1654, before Robert Clements .*
The following are some of the defamatory speeches which were spoken by Abraham Whittaker against Robert Swan : That Rob- ert Swan enticed Robert Ames to swear, notwithstanding his un- willingness, saying, " Robin thou knowest this heifer to be mine when shee was att Rowly," to which Ames replied that he thought it was. Swan answered that thoughts would do no good, that he must swear absolutely. Also that Whittaker said that Robert Ames being asleep, Swan jogged him and said " thou must sweare punctually or else all this will doe me no good, & then I will goe wth thee tomorrow, & M' Clements & I will gett thee of from thy master, for he hath broken covenant wth thee, & I will sweare itt att ye generall Court, wither thou wilt wittnesse for me or nott." That Whittaker further said that Ames continued asleep and Swan indicted his deposition, which he said Whittaker wrote, and that when Swan further provoked Ames to swear, the latter cried ex- ceedingly, saying that he dare not, for his master would almost
*Autograph.
1654]
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kill him. That the next morning after Swan had gained his ends, he neglected to go with Ames, and inveigled said Whittaker into swearing falsely, etc. Copy of a writing which Robert Swan prof- fered to Abraham Whittaker, attested by Richard Littlehale .*
Robert Hasselltyne deposed that he heard Henry Palmer of Haverill say, etc. ; also that Palmer said that Swan would have been convicted if deponent had not spoken in his behalf ; and that Palmer further said, " he yt justifies the wicked & condemnes the iust both are abomination to the Lord," to which this deponent re- plied " doe not acount a man wicked till you Pve him soe." Sworn, 23: 12: 1654, before Maj. Daniell Denison .*
Jane Willyams deposed that this heifer was the same that her son, John Williams, marked, and that she came home constantly in the summer time with the other cattle and lay in the yard and about their door; also that this heifer never went with the cow that Robert Swann sold to Robert Clemans. Sworn, Oct. 1, 1654, before Robert Clements .*
The following names were subscribed to a paper objecting to the testimony given by Robert Swan's witnesses, complaining that " the boy robert ames home robert Swan cald Servant to a man in rowly : this boy we think could not : nor was fit to be a witnes :" James Davis, sr.,* John Ayre, sr.,* Theo. Shatswell,* Richard Lit- tlehale,* Roberd Clements,* Joseph (his mark) Daves, Stephen Kent,* George Browne .*
Thomas Eaton deposed that he heard Frances Swane say con- cerning " the largenes of the oth " she had taken, that she was unwilling to take it " so large," but her brother told her she could safely do it. Sworn, Sept. 29, 1654, before Robert Clements .*
Joseph Daves deposed that he knew the heifer that John Wil- liams, jr., lost in 1652, etc. Sworn, Oct. 2, 1654, before Robert Clements .*
Robert Ames' confession : That the first knowledge he had of the heifer was the beginning of winter, when Robert Swann brought him this heifer to keep, and she had very short horns for her age, which was about a year; that Swan went to him many times and asked him to testify for him that the heifer John Willyams laid claim to was Swan's first, when he was keeping swine; that he urged this once on a Sabbath day at meeting time, once at town meeting at Haverill, and again when he had been at Goodman Palmer's to borrow a wheel, but he put him off, and told him that he thought the heifer was John Williams', because it was similar to Williams' cow ; that he asked Swan why he followed him up and why he did not go to his master or to his cousin Hayesultins, as they knew the heifer as well as he ; that Swan further told him that his father Swann, his father Asy and his brother Asy would wit-
*Autograph.
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[Apr.
ness for him and asked why he would not; that at another time Swan told him that if he would testify, that said Swan would swear that his master had broken his covenant, for the latter had neither taught him his trade, nor to read and write, and that he had not proper diet, clothing nor lodging, and if he complained to the General Court, Swan would testify for him and the court would free him from his master; that afterwards his master chided him and the persuasion of Swan's moved him to complain of his master to Mr. Clemens, and, as he was going there, he met Abram Whitaker, who urged him to go to Swan's that night, which he did, and swore to what Whiteker wrote. Sworn before Robt. Clements .*
Frances Swan deposed that she could tell by the marks that the heifer was Robert Swan's. Sworn, 10: 2: 1654, before Robert Clements. Copy, attested by Tho. Bradbury,* recorder.
Robert Clements deposed that he was called as a witness for John Williams, and testified as to the marks, etc. Sworn at Salis- bury court. Copy, attested by Tho. Bradbury,* recorder.
John Ayer, jr., deposed that he was desired to inquire at Rowley for this heifer and found that there was one there like the one John Williams wanted. Sworn, 10: 2: 1654, before Robert Clements. Copy, attested by Tho. Bradbury,* recorder.
Goodwife Williams deposed that her son, John Williams, took up a heifer last Michaelmas, which she believed was the same that he lost in 1652, etc. Sworn, 2: 10: 1654, before Robert Clements. Copy, attested by Tho. Bradbury, * recorder.
Henry Salter deposed as to the marks on the heifer in contro- versy between Robert Swan and Jno. Williams, both of Haverhill, etc. Sworn before Robert Clements. Copy, attested by Tho. Brad- bury,* recorder.
Robert Ames, servant to Willi. Willes of Rowly, deposed, Mar. 6, 1653, that he knew this heifer when she came up with his cattle, when he came to live at the farm that he bought of Willi. Willis ; and that she was brought up from Rowley by Nehemiah Abbott of Rowly to Robert Swan's after she had been at Rowly, etc. Sworn, Jan. 6, 1654, before Robert Clements. Copy, attested by Tho. Brad- bury,* recorder.
Nehemiah Abbott deposed that he had known the heifer "ever since June was a tweluemonth," and she came home with Robert Swan's cows until the end of September ; that with a steer belong- ing to deponent, she strayed toward Rowly, where deponent saw her and drove her and the steer into the common field toward Nubery ; that about six weeks afterward, said Swan hired deponent to bring the heifer to his house at Merimack, which he did, and there she was wintered ; that about August twelfth month Jno. Williams and
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