USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 10
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Carryages & passages, would take a volume, but I forbeare, wee are attending ye auditing of accotts, I wish wee could issue ym, yt you may understand how all businesses standeth, mr Awbery ded giue you some intimation of our pceeding in Court, & ye cause is putt over untill ye next, wch will be about ye last of January next, & y'fore I cannot giue you further light yr aboute, but shall refere you to ye next opportunity, & not further to be tedious to you, but comending you & all yo's to ye guidance of ye almighty I rest " A coppy of this sent p via Virginia
" p Mr Tho Webber ship ye May flower
" Sr wee are now at ye 24th of February (53) & an oppertunity prsenteth by way of Barbadoes, wch I would not omitt though I haue little else at prsent to write to you wee are yet auditing ye accotts 5 m"chants being by Boston Court ordered to examine ye accotts, & give in their report of ye same, they have beene now ever since ye 8th of January to this prsent day, I doe not remember in all this time they have missed aboue 5 dayes, but haue attended yt businesse, & when they will issue it, I doe not well know, they finde ye accott so confused wth out date, & noe accott orderly, for servants worke, yt they finde great difficulty to bring to any true forme, & as yet wee cannot gett him to geue a pticular accott of each servants worke, but chargeth vast sumes for dyett & Cloathing, & wages & little for their worke, I finde by his accotts yet giuen aboue 2000li expended on servants & scotts, & not 1000li for yeir earneings-excesse emergesses. I would now have willingly sent you his accott giuen-I desire to send you ym wth what ye audi- tors shall finde & approue of wch I hope will be by ye next fro hence. I am necessitated dayly to attend & psecute yor employ- mts herein mr Foote durst not appeare herein for feare as he saeth mr Gifford will laye his execution on him & cast him in prison, & Capt. Bridges liveth remote of & cannot be fro his family, though indeed he hath spent much time y'abouts, & haue not beene want- ing to further your bussinesse, as his occasions would pmitt, though to his prjudice, & as for my selfe I doe wholy attend it leaveing off all my calling & imploymt, and in regard God hath stricken me with deafenes I am necessitated to intreate ye helpe of anothr faith- full friend on m' Edw : Hutchinson, whome I finde faithfull, in assesting in yor behalfe & haue & doth spend all his time, with me in these affaires, for such is my deafnes yt I cannot heare what is spoken either in Court or to ye auditors, & yrfore am I putt upon it, to have an assistant in these affaires
" And as for ye worke, as in or form" lettrs, they are under ye manageing of ye Creditors, but as | theyer | wee formerly written, yt you may haue ym solely & wholy againe, paying there due debts, & what they haue issued yron on due consideratio & accott yrof, you shall haue, as they haue engaged & written to you & I doubt not but you shall finde ym, in a farre better posture, then they found it, & in a farre more orderly way of fruite Mr osborne could not
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be prvayled to undertake ye businesse, he found it so much in debt, & in such a confusion, as it was then ; & indeed he was very ill & sicke a long time after he came ashore, yt he found himselfe not able to undertake ye Charge, & yrfore yr was anothr honest man- one Thaddeus Riddan, yt was brought over by mr Leader, & was his Clarke for ye workes, & imployed yron all his time, and he hath undertaken to mannage ye same, & will liue answerable to his place & incomes, & not lavesh it out, as others have done, wch is found by sad experience, & wee hope wee shall see some of yorselues here, to see & improue & order yor occasions here, so yt yrby you may haue full satisfactio
"I understand by Jnº Gifford yt he hath written lettrs to yor- selues, yt ye Commission's haue undone ye workes, & yt by theire meanes, they are taken fro ye undertakrs in England & soe such wordes he seemeth to some men to intimate but wee trust yt ye gentlemen will not hastily gine Credit to what Gifford shall write, for he careth not what he speaketh or writeth to clear himselfe, & laye false Charges on oth's especially when wee are not to gine an answer to him, for he durst not here lay any such to or charge, for feare wee should psecute agst him, for a slaunderer as I haue done agast his Confederate one Jarvis a factor, yt he tooke fro ye prison an idle druncken fellow yt is now bound over to Court on good behavior, & Lately he hath brocken out with such false reports & slanders as I sued him & ye Court awarded him to pay 50li for his slanderous wordes & imputations, & this is ye fellow yt Gifford haue sent into his house, as one of his Clarkes, & yt is one of his confederates to strengthen his hands in his courses, & doubtless is ready to second Gifford in his writing agast us, but wee should looke at it as a favor, if wee had but ye coppies of such lettrs, as may be sent by him, yt wee may haue wherewith to charge him, yt so wee may make him pve it, & so may cleare ourselves both to ye Countrey here, & so to yorselves, he haue intimated to some, yt ye Commissio's did acknowledge ye accotts of ye Creditors, when they psecuted agast ye Iron workes, & would not suffer him to speake in Courte, & other wordes to ye same effect, but ye truth is wee did examine ye accotts of ye shopkeeps & m"chants, when ye bills came backe ptested yt mr Awbery & m" Ting had drawne, & wee did finde by theire bookes & bills under mr Giffords owne hand & mr Awberys & mr Tings, yt their debts were true debts, & now haue wee fastened them all on mr Gifford, & now it lyeth on him as his charge, for little els but what was pued by ye shop keeper could be pued for his charge for he will not acknowledge any thinge but what wee Could pue, though mr Awbery did pay many sumes to him, & by his ord's & did not take acquittances & notes under his hand for ye same, & so hereby will yor losse be great, & by this meanes Gifford will make a pray on Awbry and on us all as 1 truely apprehend, & Awbery haue nothing to make satisfactio to ye Company, for all yt will rest on his charge.
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" wee are demanding full accotts of what was delieured to mr Gifferds hands, & requiring a full accott of all yor estate here, & as yet wee cannot gett him to make it up to us, but ye auditors saith he shall giue up his full accott as ye Comissio's Charged him with all, & I doe desire to send you ye whole pceedings of ye auditors & what pticulls of yor estate is levied on, & what of yor estate is left, being under ye hand of John Gifford, & he will not dd it to ye hands of ye Comission's nor pay those poore men to whome much is due, & he haueing an executio forth agast yorselues for 1366li but he seizeth on my estate for it, as in my form" I writt to you, & so ye law must issue yt businesse, wch I must be necessitated to psecute to my exceeding damage & losse, & as for yt sume of money yt I haue justly due to me, haueing lent & borrowed for ye workes necessary use & payd to workmen & yor agents on their bills passed on me, if ye Company will pay me in equall pcions, in 3 yeares time to my assignees at London with 8" # C for for- bearance I shall be satisfyed, though to my greate hinderance in my Trade for now am I putt off from all my trade. you shall finde me ready to cam- you in all reasonable demands, & desire to be serviceable to you to - - & utmost skill, & if I can have but my travaile found acceptable, I shall hane what I expect fro our prin- ciples, but I desire now if possibly to be freed from these dis- tracted incombrances & to live in peace & I hope I shall see sume of yorselues here, for ye issueing & orderly settling of yor affaires, so for ye psent comending you all to ye guidance of ye almighty I rest
" You's to serve you to his powr
" Henry Webb."*
Henry Webb's* further answer to Mr. Giffard, stating that the former was only one of the Commissioners and should not be at- tached personally for the debts of the works.
Copy of second writ : Capt. Robt. Bridges, Mr. Henry Webb and Mr. Joshua Foote, commissioners and attorneys of the undertakers of the Iron works v. Mr. John Gifford ; dated, 17 : 8 : 1653 ; signed by Jonathan Negus, for the court ; and served by Ri. Wayte.
Referred to next General Court ; copy attested by Edward Raw- son,* secretary.
Court at Salem, June 27, 1654. Copy of record attested by Robert Lord,* that Mr. John Gifford was fined for striking Francis Perry.
Thomas Savage testified, concerning the farm at Hammersmith, that they had rented twenty-eight acres of plow land and marsh to Francis Perry, who was to pay 25li. sterling, together with sufficient meat for a team of six oxen and a horse, also sufficient meat, drink, washing and lodging for a man for a year ; that they reserved for themselves all the workmen's houses and gardens,
*Autograph.
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orchard and field of English grass adjoining the orchard. Good- man Perry was to have only the use of the house, barn and cow- house where Farmer Dexter lived, but they reserved the right for the workmen there to keep cows and swine. Also that Mr. Gifford in the spring of 1651-2 ventured to the value of 100li. in a voyage to the Dutch and Delaware, in partnership with Capt. Hawthorne and Mr. Wm. Browne, and he sent pots and other goods. Sworn before William Hibbins, 26: 8: 1653. Copy made by Edward Rawson,* secretary.
" London this 28th of September 1652 " Gentlemen The
" Commissioners
" Sence our last letter to you of the 24th of July we haue had the opportunity to speake with Mr William Osborne who : hath informed us of many things Concerninge the Accounts of J : Gifford he havinge been an actor with him till he did put him by : sense wee haue spocke with Mr osborne wee are much satisefied of his honesty and integrity towards the Comp: wch if we had knowne soe much before we would haue made coyce of him to be uper Clarke of our workes in place of mr Gifford as wee Conceiue and Can understand by him he has verry good judgment in Iron workes and also beloued of the workmen we would verry faine had - to you over with this passage and pmised him an imploy- ment at Brantrey furnas and forge if not of all the imployment in Giffords steed if he deserted us or were unwillinge to serve us any longer upon : our Conditions
" but I doe Conceive he will hardly goe with this passage pre- tending that he furst expects some Payment of us he owinge Aboue £100 to his Cossin osborne heare and then also for the danger of the hollanders and the time of the yeare being so far spent so that he partly resoulved to goe in January - and seemeth to be willing to doe the Comp : servis but by - meanes under Mr Gifford and we doubt not that if Mr. Gifford should quit the place that osborne would be sufficient and willing to supply the place esspecially hauing the Commissioners to Countenance him and to Consult with all and on assistant at boston as factor and if mr Gifford should remaine in the place I doubt not but you might so farr prevaile with osborne as to be Clarke at brantry and he not to be under Gifford but under the Commissioners, and Gine his account to them also we find a necessity to imploy Osborne in our workes because if wee doe not we doe under - soe much by him that yf he hath noe imployment by us - then he being desired longe sence of those of Plymouth pattent to be imployed by them in raising of Iron workes there to our great Preiudice and without him we are Confident they will not attempt it
" they would verry much distract our workes and it is not an easy
*Autograph.
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matter to gett workmen to goe for new England therefore wee would haue you to Considder seriously of these things we shall much indevor to retaine osborne if we can knowing it to be yor sence also, here follow severall Charges wch J: Gifford bringeth in his account wch we doe noe wayes allow of and must be deducted out of him furst the wadges of Jonathan Couentry as also his diett amounting to 241 : 17 : 9: which did searve Gifford as his under Clarke to write his accounts not to be allowed by the Company and ossborne wch could have done him and the Company Good servis must be put out and this Jonathan a verry Idle fellow : y' Item for feather beds must be put out £13 : 3 : we are not to allow him any
houshold stuff Item for a horse £15 Item for one saddle and bridle, 22 : 15 : the Company is not to find him horses furniture nor oats Item for weadgs at brantry £2: 17: 6: and spent at boston 128 : 6ª : not to be allowed more repairation in his dwellinge house then was necessary by a greate deale he might have been Contented to live in it as mr Leader left it also a pue for him and his wife in the meettinge house £1: 15: 4ª : wch meere prodigalyty also a house that he builte for the Scots cost £35 and he built it upon Samuell Bennets grownd wch was very unadvisedly done
" Item John Adams A servant to Jo Gifford and not to the Com- pany not to be Clothed nor dieted by the Comp: Charge wch is no less than £20 p an also Carsy for this booy of 10s. a yard which is the very best Item Gorge Adems the Father of this boy not able to worke yett Chargable to the Comp: Item Mr Giffords diett was reconed in the £125: 2: 6d : wch was owing to mr osborne upon acc : wch he is to make Good to osborne and not the Comp: to paye for his diett. James Pea- an a servant to Jo: Gifford and not to the company yett Charged upon the Companyes account soe that after this rate in place of £200 p an for Giffords sallory we allow him aboue £180 p an in the verry chardges as aboue I beleeue the Company paid for Carryinge over servants for him but not to maintaine them at the Companyes Chardge then for dieting of the scots he setts 68 a man p weecke and mr osborne dieted Gifford for 58 p weecke much better then he euer gaue to the Scotts wch comes to a Considderable deale of mony at least £70 more then he ought to haue had besides the provition that Capt. wacker had leaft for the Company 2-3 ptes wherefore he must make himselfe debter in the account or else the Company loosses it.
" also he brings in acc : the severall debts that were remited as if he had payd the money whereas they never came of his cash besides other emergenses wch we Cannot recken so that we beleeue that he hath made the furst yeare worth to him 300 or £400 wch we will nowyes allow of Considderinge the Carridge it may be £500 it were verry necessary that those abuses should be looked after by the Commissioners and made good by Gifford to the Comp : and if it be his intente soe to pceed then to dismiss him oute of
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hand before any more such abuses be done to the Comp: I am Confident with the helpe of mr fott you wilbe able to keepe the workmen in worke till mr osborne Comes over wch will be God willinge in February or march next the workmen now being in repaire and such a great stocke of Coale and myne if Gifford had sett the furnace a blowinge in July or August last year and had blowne tell latter end of desember hee would have done much better and less wast of Coale and then he might begen to blow in the latter end of February following & by that meanes rather haue gott of sow Iron on ground as such a quantity of Coale wasted by the snow and wether especially if they have no Coale houses it wilbe necessary to lett some of the scotts to heape the Coales to saue Charges
" the measure of Coale is neglected and must be loocked after Samuell Bennit ought not to have any Carridg for the Comp : un- less hees Complying to the Commissioners he haueing had aboue £100 this last yeare : which makes him so stout and insolent with the Comp : we did fynd 35 tun 5li of bars upon more incr --- then was made by the workemen but Gifford makes himselfe not debter for the 19 tun of barr Iron wch weare remayning in Os- bornes time nor for the remayning potts it is much to be admired that in osbornes time theare was good store of barr Iron sow Iron Potts Coale wood and myne leaft and the workes in good repayre and besides all that £800 in Comodityes that Leader brought alonge for the Comp : as also the scotts which weare worth no less then £1500-if they had been sold and now turned for the benifitt of the workes and then bills of exchange drawne by awbery upon the Comp : to the value of £1600-and not aboue worth £400-of Iron returned to it-by this acc : there might be remayninge at the workes instor - and debts aboue £5000-wch is two much stock by £2000 wch will stocke a furnas and fordge in owld Eng- land there they-buy their wood the coale standes heare in 30 and 32s. p load
" wee would intreat you seriously to minde this busines that wee may not be fooled out of such an estate and so probably of full proffitts if well managed and that we once had honist dealinge and what soever you doe doe not draw eanye more bills of exchange upon us but rather yf you want it yet tacke some moneyes upon intrest for 10 or 12 months you having such a stock for security there and then yf you send barr Iron too we will returne you English Comodities for it to pay of this intrest moneyes till such time that we haue wrought out - - pte of our stock and that you haue heare sent us 200 : or 250 tun of bar Iron at least 50 tun with every ship and if it should hapen that any of the last bills of exc : should go back with protest in respect that most of the parteners heare haue not brought in their advance and noe Iron as yett come : lett them be satisfied there I shall doe what I can to satisfie them for a tyme tell Iron Cometh but some will hardly hane patience
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thincking to speed better in new England mr huchensen is extreme ernist I haue payd him £200 but is earnest for the other £200 wch he must haue paciense for we haue noe provision in Cash I am out aboue £270-out of my owne Cash and am unwilling to pay any more unless the partnors will pay their aduance
" and I pray lett some Care be taken that oxen may be bought for 2 teemes more wee hauinge our owne teemes to Carry our Coale and timber Samuell Bennitt one and osborne one and those 5 teemes will be sufficient to do all the worke hauing scotts for Carters it will saue £300 p an inquire of Jo. Gifford what is become of the Corne the scotts sowed also the wages they earned also to gett an account of Awbery that wee may not suffer that way after the writing of this letter we reced an owld letter of Mr. Ting and mr Webb of January last wch was to come by osborne wherein wee understand that both they and we are all of a mind wch - were verry glad of that we had ordered our busines to-likinge we would intreat you to write a letter to Capt hawkeridge and to Jo : Turner to returne ower adventires for land I haue Given s : Rich a letter of attourney Against Capt hawkridge if he make noe sudden retourne willam osborne haue lost all his former weeckly acc : in the sheipe but will Coppie them out of his bocke and send them I beleeve the more awbery and Gifford are at differance the more you will be informed Etc :
" J. E. Beex* in the " Behalf of all partners.
" p mr Israell Simonds com" " of the may Flower
" dated 28 Sept. 52."
Thomas Savage testified that he bought of Mr. John Gifford thirty hundred of pots and sixty hundred of bar iron in 1652, for which he paid 105li. ; that he also bought of other workmen, about 30 : 5 : 1653, one ton of bar iron and paid for it. Sworn, 18: 8: 1653, before Jno. Leveret, commissioner. Copy made by Edward Rawson,* secretary.
Copy of record of the finding of the General Court at Boston, Nov. 20, 1654, in an action between Mr. Josiah Winslow and Capt. Robert Keayne, commissioner and attorney of the said undertakers. Copy made by Edward Rawson,* secretary.
Copy of similar record, dated, Oct. 24, 1655.
Copy of deposition of Thomas Wheeler of Lynn, aged about fifty years, who testified that Mr. Giffard of Lynn bought six oxen, tackling and a pair of wheels of him about two years ago, for which he promised to pay 55li., and he paid part of it in iron. Sworn, 27: 8: 1653, before Increase Nowell. Copy made by Edward Rawson,* secretary.
Copy of deposition of Robert Patteshall, aged about forty years, *Autograph.
+
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who testified that he bought of Mr. John Gifford twenty-seven hogsheads of Virginia tobacco for 108li. Sworn, 29: 8: 1653, before Increase Nowell. Copy made by Edward Rawson,* sec- retary.
Copy of deposition of Thomas Marshall, aged about thirty-seven years, who testified that he sold three oxen to Mr. John Giffard at the Iron works, for which he paid in bills and that he had bought some oxen, cart, wheels and hay, and ewes of Mr. Gifford. Sworn, 27 : 8: 1653, before Increase Nowell. Copy made by Edward Rawson,* secretary.
Copy of deposition of David Faulkner of Boston, aged about thirty-three years, who testified that Mr. John Giffard and himself bought of William Stranguish, twenty-seven hogsheads of Virginia tobacco for 85li., but when Gifford found what a great bargain it . was, the latter kept the whole parcel, paying for it in iron, and deprived deponent of his part. Sworn, 19 : 8: 1653, before Natha. Duncan. Copy made by Edward Rawson,* secretary.
John Harwood, aged about twenty-seven years, deposed that Aug. 4 last he bought bar iron of Mr. Gifford of the Iron works, paying in money and provisions. Sworn, 18: 8: 1653, before William Hibbins, and copy made by Edward Rawson,* secretary.
Thomas Lake, aged about forty-three years, deposed that he with Major Gibons and others gave bond for bailing Mr. John Gefford to answer complaint of the commissioners or attorney, and supposed the bond was given to George Munings. Sworn in Boston, 28: 4: 1658, before Edward Tynge,* commissioner.
Copy of deposition of Richard Hud, aged about thirty-two years, who testified that Gifford bought some goats of him in ex- change for a debt which deponent owed the Iron works, which goats Gifford later sold. For advance upon provisions they paid 5s. a barrel for beef and pork more than at Boston, 4d. a bushel for corn and 5s. a hogshead for mackerel. Beef and mackerel sold for 31i. 15s. and 30s. per barrel, respectively. Sworn, 27: 8: 1653.
Copy of deposition of Mr. Wm. Payne of Ipswich, who testified that Mr. John Gifford had cattle, corn and malt of him for iron received by order of Bridges and Chandler of Andover, and the remainder by Mr. Foote in nails. Sworn, Oct. 19, 1653, before William Hibbins.
Samuel Bennit, aged about forty-eight years, deposed that he sold J. Gifford a horse, which was charged to the Company. Sworn, 29 : 8: 1653, before John Glover .*
Copy of deposition of Francis Perry, aged about forty-five years, who testified, 27 : 8: 1653, that being carpenter of the works he made many things for Gifford's house on the Company's account, including one great press, and set up two dressers, which Giffard took away when he went. Also that Gifford took the lock from the
*Autograph.
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door, and took down part of the walls at the doors to get out the press ; that deponent sold Giffard goats and a calf, which were paid for from the Company's estate, and had since sold the goats to Lt. Marshall of Reding, and sent away the calf by Daniell Salmon, branding it with his own mark; he had used the farm, for which deponent offered him 60li. per year, and he used the Scotchmen to weed his corn, manure the ground and make hay ; that Daniell Salmon was employed by Gifford to plow and work on the farm. Deponent also testified that he saw the load of mine which Capt. Savage first caused to be weighed at the fur- nace bridge, also the coals, all of which were greater loads than ordinary ; that Jno. Adams was employed in Mr. Gifford's personal business, and deponent was denied a statement of his account with Gifford ; that the latter sent away the team called the Com- pany's team by Daniell Salmon and James Adams, and that Gifford sent the Scots into the wood to get work, etc. Sworn before In- crease Nowell. Copy made by Edward Rawson,* secretary.
Copy of deposition of Robert Patteshall, aged about forty years, who testified that aboard Capt. Gilbert Crane's ship at Nantasket he met one Emery, a Scotchman, who had belonged formerly to the Iron works, etc. Sworn, 27: 8: 1655, before Edward Rawson,* secretary.
Copy of deposition of John Toish, aged about twenty-four years, who testified that he was appointed by Mr. Giffard to receive the stock, and that Edward Baker sent in by his cart. 100 tons of bog mine, some of the tons being not more than 1400 pounds. He told Mr. Gifford and John Blajno what it weighed, etc. Sworn, 25: 11: 1653, before William Hibbins.
Copy of deposition of Wm. Browne of Salem, who testified that he sold oxen to Mr. Giffard in the spring of 1652, and fish to Mr. Cook, and about two and a half years ago, about 90li. was ven- tured to Delawarr by Mr. Giffard, and what was brought back was delivered to Mr. Awbery, etc. Sworn, 27 : 8: 1653.
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