USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 16
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Humphry Griffen v. Corp. John Andrews. Debt. Withdrawn. George Hadley v. John Haseltine. For fencing and feeding about forty or fifty acres of his farm without giving satisfaction. Verdict for plaintiff.t
*Humphry Griffen of Ipswich, butcher, gave bond to John Ward of Ipswich, chirurgeon, dated, Oct. 16, 1652, to be paid in wheat or barley at Mr. Robert Payne's house. Wit : John Payne and Walter Roper. Copy made by Robert Lord,; Mar. 28, 1659.
Thomas Bishop testified about Samuell Pod buying a piece of land of Goodman Griffith, and hiring 12li. 10s. of Mr. John Ward, with interest, to pay for it. Deponent was surety for Pod. "To my loueing thomas Bishopp Ipswich dd this I pray you."| Sworn, 29 : 1 : 1659, before Wm. Hathorne.}
Thomas Howlett, aged about fifty-two years, deposed that he was present, about Sept., 1652, when Humphry Griffin sold Samuel Pod a ten-acre lot for twenty-four pounds, and they then agreed for the price of a cow and Griffin several times said he would not have sold the land except to have paid Mr. Ward. Sworn, 9 : 25: 1658, before Daniel Denison.#
John Lee, aged about three-score years, deposed that he asked Humphrey Griffin why he would sell so good a piece of land from his children, and he answered that he would turn it into trading stock, etc. Sworn, 9 : 26 : 1658, before Daniel Denison. ;
Walter Roper, aged about forty-five years, deposed that he was a witness to a bond of Griffin to Ward a little before he went away, etc. Sworn, 9 : 29 : 1658, before D. Denison.}
Samuell Pod deposed that he paid interest at the rate of eight per cent., etc. Sworn, 29 : 1: 1659, before Wm. Hathorne.#
John Paine deposed that being conversant with Mr. John Ward living at " my father's," he had knowledge of the transaction, etc. Sworn, Mar. 29, 1659, in Ipswich court.
John Fuller deposed that he asked why Griffin did not sell him the ten acre lot and he replied that he must have cash for it, and that Mr. John Ward loaned Samuel Pood the money, etc. Sworn, Mar. 29, 1659.
tJoseph Jewett and Robart Heseltin testified that Georg Hadlay assented to the division of the land, etc. Sworn in court at Ips- wich, Mar. 29, 1659.
Jonathan Ward, sr., deposed that long since he desired John Gage and the other lot layers to lay out such land as had been granted to him. They said that Mr. Winthrop's farm, which was first granted, had not yet been laid out, and his bounds must be
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147
RECORDS AND FILES
1659]
Thomas Hale v. Corp. John Andrews. Debt. For wheat. De- fendant acknowledged judgment .*
Richard Shatswell v. William Delow. Trespass. For cruelty in beating his ox, whereby he is much diminished, the ox being dead. Verdict for plaintiff for forty-four shillings.t
determined before deponent's adjoining land could be laid out ; that after much time was spent, they came to a walnut tree which stood near the place where the fence now is between Will. Fellows and Henry Bennet, and said that there should be a bound mark there; and thence the line should run to a great crotched tree which was standing on the eagle nest hill, and so to the creek called " labor in vayne " which should divide between Mr. Winthrop and this de- ponent on one side and land that was to be laid out to Mr. Dudley and Major Denison on the other side. Sworn at Ipswich court, Mar. 29, 1659.
Theophylus Shatswell deposed that he heard Robert Hasaldin say that said Robert held not the land in controversy, by the "mar- chants " last laying out, it being divided by merchant Jewit, but by an agreement that he thought his brother John and Goodman Hadly made in exchange of land. Sworn at Ipswich court, Mar. 29, 1659.
Edward Yeomans deposed that about two years since, when he was helping John Hazeltin to fence, the latter said that the land was not his, but George Hadly's, and Hazeltin was to give said Hadlye as much land in lieu of it between that and the river, etc. Sworn, 26: 1: 1659, before Simon Bradstreete .;
John Millington deposed that Robert Hazeltine, being in depo- nent's barn, the latter asked Hazeltine whether his master, George Hadly, etc. Sworn, 26: 1: 1659, before Simon Bradstreete.
Writ : George Haddley of Rowley v. John Hasseltine of Row- ley ; for fencing in some land ; dated, Mar. 12, 1658-9; signed by Thomas Leaver, ¿ for the court; and served by Joseph Jewett,# the constable's deputy, by attachment of three oxen and two steers.
*Writ : Thomas Hale of Salem v. Corp. John Andrews ; debt; dated, Feb. 5, 1658 ; signed by Robert Lord,¿ for the court; and served by Edward Browne, ¿ marshal.
+Writ : Richard Shatswell v. William Dellow ; dated, Feb. 3, 1658 ; for beating his ox so he died ; signed by Robert Lord,¿ for the court; and served by Edward Browne, ¿ marshal.
Joseph Browne deposed that going in the fields to look after his father's oxen, he saw William Dellow and Robert Funell loading wood and saw Richard Sachwell's bullock so beaten that the hair was off. William Dellow did it with a small walnut stick. Sworn in Ipswich court, Mar. 29, 1659.
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148
IPSWICH QUARTERLY COURT
[Mar.
Edward Lomase v. Capt. William Traske. For taking possession of and selling twenty acres of land of plaintiff. Surety : Thomas Robbins. Withdrawn .*
Richard Brabrocke deposed that being at the barn of Richard Shatswell with Goodman Bridges and John Apellfford, deponent saw that the bullock was bruised. Richard Shatswell, his master, said to Wiliam Delower, "Now wiliam you may see the froots of crooilty." Dellow agreed to pay for half of the beast, and said he hoped it would be a warning to him not to beat any so again. Sworn in court, Mar. 29, 1659.
John Griffine, aged about twenty-four years, deposed that he heard Theophilus Shatchwell say that he would never let his daughter Mara have any estate; that her husband, William Delle, should have the disposal of it to pay any of said Delle's debt and afterward heard him say that after the will was made, he had dis- posed of his estate to his daughter Mary so that Wm. Dell could not dispose of it.
Robert Punill and Hope Hawkins deposed. Sworn in Ipswich court, Mar. 29, 1659.
Thomas Clarke deposed that Thomas Parson and himself were mowing and they heard Richard Sachwell and William Dellow beat the cattle, etc. Sworn in Ipswich court, Mar. 29, 1659.
Thomas Pershons deposed that while mowing at Green's point, he saw Goodman Shatwell and William Dellowaye beat the oxen, etc. Sworn in Ipswich court, Mar. 29, 1659.
Edmon Bridges and John Apellford deposed that Goodman Shatswell sent for him to go to a bullock that was sick, and upon examination after the beast was dead saw that there was a bruise on the side near the heart, etc. Sworn in Ipswich court, Mar. 29, 1659.
*Richard Tidmarsh, aged about twenty-five years, deposed that being desired by Edward Lummus of Ipswige to go with him to Captain Trask to read a warrant, since he could not do it himself, for selling twenty acres of land belonging to Lummus, Lummus asked the said Captain if he bought the land of Goodman Deuenish, and Trask replied that he laid it out for Deuenish, but he refused to have it; and now it was the town's land, and if the timber on it was cut, it was done before he had it, etc. Sworn before Wm. Hathorne,t 28 : 1: 1659.
Edmund Batter, aged about fifty years, deposed that on Salem town records there is a grant of ten acres of land to Thomas Dev- enish. Sworn in Ipswich court, Mar. 30, 1659.
Edward Lummus v. Capt. William Traske of Salem; warrant for selling land; dated, Mar. 20, 1658-9; signed by Hilliard Veren, t for the court.
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149
RECORDS AND FILES
1659]
Richard Shatswell v. William Dellow. Debt. Defendant ac- knowledged judgment .*
William Dellow acknowledged judgment to Humphry Griffin.
Richard Hutten acknowledged judgment to Mr. Joseph Jewett.
Humphry Griffen acknowledged judgment to Mr. Jonathan Wade.
William White acknowledged judgment to Mr. Jonathan Wade. William Dellow acknowledged judgment to Corp. John Andrews.
Mr. John Cutten [Cutting .- Waste Book. ] fined and respitted till court takes further order [for taking tobacco in bell yard .- Waste Book.].
John Tilison, upon complaint of Mr. Dummer, fined for false oath, and to pay fees of the constable of Newbury.
Anthony Newland fined for breach of the peace.
Maj. William Hathorne and Mr. Edmund Batter sworn commis- sioners for Salem.
Samuell Corwithy, dying intestate, John Gedney was appointed administrator of his estate. An inventory of the estate was presented.
John Wright, late of Newbury, was possessed of or had a right to goods and chattels in New England, and there being no will, Samuell Symonds and Daniell Denison granted administration of the estate, 30 : 10 : 1658, to Edward Bragg, and the court ordered it entered.t
On the estate of Timothy Cooper of Lynn, administration was granted to his widow, Elizabeth Cooper. Inventory of his estate
*Writ : Richard Shatswell v. William Dello ; debt ; dated, Feb. 4, 1658 ; signed by Robert Lord, ¿ for the court ; and served by Ed- ward Browne, marshal.
fLetter of administration was signed by Samuel Symonds# and Daniel Denison.# Inventory of the estate, taken by Thomas Bishopį and Robert Kinsman : į
" In two | bills | both of one date, & |[its | said (in ye writing) to be of the same tenor, in ye one ; the party is bound in ye sume of xlli for ye payment of 2011
" In the other the debter is bound in ye sume of Thirty pounds for ye payment of 18li and seven shillings.
" Its also exprest in ye writings the one being pformed the other to stand voyde."
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150
IPSWICH QUARTERLY COURT
[Mar.
amounted to 167li. 11s. Widow to have all the estate, including the house and land, except that she should pay certain portions to the six children, as they came of age, namely, John, the eldest son [aged twelve years .- Waste Book.] ; and Mary, Hannah, Timothy, Dorcas and Rebecah [aged respectively eighteen, sixteen, eight, five and three years .- Waste Book.].
George Giddinge and Mr. Joseph Jewett, formerly attorneys of the estate of Mr. John Tuttle, he being now dead, were appointed administrators.
William Addams, father, and John Addams, brother, of William Addams, jr., of Ipswich, were appointed administrators of the latter's estate. The inventory amounted to 218 li. The estate was distributed to eldest son William, one half, and one fourth to each of the other two children, when they were of the age of twenty-one years. Elder John Whipple and Thomas Stace, overseers.
Henry Herrick was appointed administrator of the estate of Hugh Laskine of Salem.
Administration having been granted formerly on the estate of Matthew Whipple to the widow Mary, an inventory was presented, amounting to 199li. 1s. 9d. Land to remain for the children and widow.
Administration on the estate of William Lampson of Ipswich, granted to widow Sarah. Amount of the inventory of the estate, 111li. 10s. 2d. There were eight children. The eldest son was to have a double share, and the others were under age.
Administration on the estate of John Perkins, jr., of Ipswich, granted to widow Lidia. Amount of the inventory of the estate, 73li. 10s. 1d. He left one young child, new born. The widow to hold the estate until the child was eighteen years old, and then pay the child 14li., or at the day of her marriage, with her moth- er's consent.
The inventory of the estate of widow French was brought in by her son, John.
Bill of costs presented to the county by Theophilus Willson, the constable of Ipswich, amounting to 9li. 18s. 4d .; order to pay it and also 3li. for his year's salary allowed.
William Bartholmew released from training, paying ten shillings yearly to the company.
151
RECORDS AND FILES
1659]
Samuell Gaskoyne fined eight pounds for absenting himself from public worship thirty-two days at least.
Edward Wharton fined five pounds for absenting himself from public worship twenty days ; also fined ten shillings for not assist- ing the constable .*
William Bingly and Elizabeth Pressye punished for fornication. He to be whipped and to pay forty shillings to his master Pearce for her lying in, and 2s. 6d., per week for time past and for time to come, and to be kept in prison until the order is complied with. She to be severely whipped and remain with her master until the court released her.
William Young, for fornication, ordered to be severely whipped and bound in forty pounds.
William Trotter, for slanderous speeches, ordered to make public confession after next lecture at Newbury or pay fine of forty , shillings and fees.
William Scales of Rowley released from training, paying five shillings a year to the use of the company.
Mr. Nicolas Noyse sworn commissioner to end small causes at Newbury.
*Summons, dated, 8: 1: 1659, to Edmund Batter, Serg. John Porter, Thomas Putman, Henry Skery and James Underwood to appear at next court at Ipswich to witness against Edward Whar- ten and Samuell Gaskoyne for absenting themselves from public worship, and said Edward for refusing to aid the constable ; signed by Hilliard Veren, t cleric ; and served by Hen. Skerry, t marshal.
Writ of attachment of Samuel Gascoyne for absenting himself from public ordiances ; dated, 8 : 2 : 1659 ; signed by Hillyard Veren, t for the court ; and served by Samuel Archer, t deputy marshal, 15 : 1 : 1659, who arrested said Gaskoyne and took security.
Thomas Putnam and Edmund Batter deposed that Edward Wharten and Samll. Gaskell frequently absented themselves, etc. Sworn in Ipswich court, Mar. 29, 1659.
Writ of attachment of Edward Wharton for absenting himself, etc., and for refusing to aid the constable; dated, 8: 1: 1658-9; signed by Hillyard Veren, t for the court ; and returned by Samuel Archard, t deputy marshal, 27 : 1: 1659, by attachment of house.
James Undwoodt deposed that when he took the prisoners to court, he asked Ned Wherten to assist him and the latter refused. Sworn, 20 : 1: 1659, before Wm. Hathorne.t
Henry Skerry swore to the truth of the foregoing, in court at Ipswich, Mar. 29, 1659.
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152
IPSWICH QUARTERLY COURT
[Mar.
John Applefourd admonished for taking excessive wages for work.
Zacheous Gould, upon complaint by Isaack Cummings, admon- ished, and to pay costs .*
Rich. Brabrooke, being attached by Samuell Symonds, and action not entered, was allowed costs.
Mary Shefield ordered to be whipped for fornication.
Robert Dutch, bound over to this court, and, being at sea, was ordered to appear at the next session.
Moses Pengry licensed to sell strong water for one year.
*Wm. Perkins and Isack Comins, sr., deposed " that Zacheus Gould in time of singing ye psalın one Sabbath day in ye after- noone, sate him downe upon ye end of ye Table (about wch ye min- ister & cheife of ye people sit) wth his hatt fully on his head, & his back toward all ye rest of ym yt sate about ye Table & though spoken to by ye minister & 2 others, ether to shewe reverence to ye Ordinance, or to wthdrawe, yet altered not his posture & ye Sabbath following, after that the Congregation was dismissed in ye afternoone, desired ye Congregation to stay & thereupon spake saying yt hee bad bin informed how yt ye last Sabbath day hee had bin commanded out of the meeting house, but it was not for want of age, nether had hee anything to doe yt commanded him, for ye house was non of his - also he sd that he had heard much speech of ye ministers of Christ, & hee confest also, that they could not bee too much honored, but sd hee we knowe yt there bee a Company of hirelings who if they fre not their mouthes they prepare warre agst y", such Micah speakes of Chapt. 3ª v. 7th - see John 10th -wch hee sd hee would not reade but they might reade at their leisure-also hee added that hee had bin informed what a learned speech ye goodma Coms made, but he was told by some or one, yt was now mor nearely Related to him, y" himselfe yt hee was a proud, probmatical, base, beggarly, pick thank fellowe, whereupon hee was desired to hold his peace, but hee replied yt they had nothing to doe to injoyne him silence, ye house was none of theirs who did injoyne him, whereupon hee was told yt hee would finde ye contrary, whereupon hee oft dared us to do our worst." Sworn in Ipswich court, Mar. 29, 1659.
Isaack Comins, sr., and John Comins testified that when Mr. Perkins was in his sermon, Zacheus Gould spoke audibly, etc. Sworn in Ipswich court, Mar. 29, 1659.
William Ewens and James Howe, jr., deposed that Zacheus Gould said that Mr. Perkins was an hireling, and therefore none of them. Sworn in Ipswich court, Mar. 29, 1659.
Bill of charges, 18s.
153
RECORDS AND FILES
1659]
William Law's license to keep an ordinary at Rowley renewed.
John Wyate released from training, paying 2s. 6d. per year to the company.
Court adjourned to Apr. 28, at 8 of the clock.
COURT HELD AT IPSWICH, APR. 28, 1659, BY ADJOURNMENT.
John Appleford fined upon his presentment.
John Ossgood licensed to keep an ordinary at Andover and to sell wine and strong waters.
John Johnson's bond of ten pounds and William Trotter's bond of five pounds forfeited, as they did not appear.
Humphry Griffen fined ten shillings for his daughter's present- ment for wearing a silk scarf.
John Kemball, upon his wife's presentment for wearing a silk scarf, proved that he was worth above 200 pounds and was discharged.
John Chote fined for refusing to assist the marshal.
Will of Marke Symonds proved by oaths of George Smith and Aron Pengrye.
John Andrews fined for taking tobacco contrary to law. Execu- tion respitted or to pay witness fees of William Wilde.
Presentment of wife of Mordcha Larkcum, not proved, discharged.
John Prockter, jr., fined for reviling speeches, and to pay wit- ness fees of Robert Powell, Rich Brabrooke and Tho. Giddings .*
*Thomas Giddinget and Robert (his mark) Pouell testified " that about ye 14 or 15 of this month Being at goodman Whites in ye morning Goodman Brabroock came theather for an ox that he was to Drive to Salem for master Cuerell: and asked goodman Whit : whether ye ox was - no, sayd he my sone prockter : is so Cros he will let me have none of them - - think : no sayd good- man prockter thare is nather you nor - a Brabroock of y- all shall have any ox here : then sayd goodman Brabrook It will be a great - - Disappointment to mr. Cuerwell If you don't send ye ox to him goodman prockter sayd goodman brabrock spack what you think that ox is, beter then ye other: and give it goodman whit : and I will Drive ye tother ox to mr. Cuerell and undertake to satify him with that ox and sayd goodman whit doe so to goodman prockter : no sayd goodman prockter I will nather doe this nor that, you ware crose tother day & Ile be Cros now & so thare ware some words betwene them : then sayd goodman Brabroocke to good- man Prockter you did it a purpose to trouble youer pore father, then tAutograph.
154
IPSWICH QUARTERLY COURT
[Apr.
Mathew Moores, fined in two presentments, and bound to good behavior .*
Robert Dutch fined for a battery.
Corp. John Andrews undertook to pay to Richard Shatswell nine pounds for Willam Dellow granted at the first session of this court, whereupon Shatswell acknowledged satisfaction.
William Dellow fined or to sit in stocks for lying and slandering "or Honered magistrat Major Genrll Denison."
Corp. John Andrews fined for selling wine at retail without license upon pretence of selling by the gallon and three gallons and yet drawing it by the pint and quart; for entertaining towns-
he asked goodman Brabroock what he had to medell wt that he had nothing to [do] with Calling him a prating fooll and base lying felow & tould him he cam to mak strife Betwene his father and him : no sayd goodman Brabroock you doe me wrong goodman prockter : I make noe strife betwene you and your father : hould your toung, sayes John Prockter you lye, if you ware a wise man you wood hould your toung but that you are a foule telling him If he came to him he would knock him of his horse. Also he called him lying Jack." Sworn in Ipswich court, Apr. 28, 1659.
*John Hale deposed that " I saw mathew moores ty his Horse to the fence & took up an axe & with the helve struck Robert Downer three tymes upon the thygh." Sworn in court at Ipswich, Apr. 28, 1659.
Joseph Muzzey, testified that " I being at worke at John Knights with Mathew moores the Scott & at dung cart with will neffe John Knight's man the sayd mathew came upon the sayd Will neffe for his shovel that he was working with to have it from him by vio- lence which he refused to deliver wherupon the Scotte flew upon him & pressed him to the ground taking him by the necke put his head & heeles together and pinched him by the throate yt I was afraid he wold have strangled him or at least done him some great mischeife, I seing this rescued him whereupon he gave me many reproachfull speeches chalenging me to fight and threatenig me if ever he mett me alone." Sworn in Ipswich court, Apr. 28, 1659, before Robt. Lord,t cleric.
Edmund Moorest deposed that " I sa mathew moore Ty his hors to the fence & stoped downe and Tooke up something and strooke Robard douner thare with thre Times upon the Thye and allso Robard Douner Complained that his Thye Greeved him and poold up his knee of his breches and I sa it reed in to or thre places and I sa John halle stand between them." Sworn in Ipswich court, Apr. 28, 1659, before Robt. Lord,t cleric.
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155
RECORDS AND FILES
1659]
men at unseasonable times, as after nine of the clock; and for entertaining men's sons and strangers as at an ordinary after pro- hibition of the court to keep an ordinary ; bound to good behavior in 40li. ; Anthony Crosbye, surety. Also, bound in 50li. for mis- demeanors such as pulling down the sign of Moses Pengry and his gate, Mr. Browne's gate and door and Lt. Samuell Appleton's gate.
Ruth Marshall fined for lying and to sit one hour in the stocks next lecture day.
Court adjourned to next lecture day after General Court, at nine of the clock.
COURT HELD AT IPSWICH, JUNE 2, 1659, BY ADJOURNMENT.
John Johnson had the forfeiture of his bonds abated to 52s. 8d. and paying so much to William Trotter, Johnson was to have his clothes. [For his offence, ordered to be whipped or pay 40s. fine. -Waste Book.]*
*Examination of An Sawars, taken before Major-General Denison, Apr. 16, 1659 : She testified " that as she came along the street in Newbury with her masters Kinsman Thomas fowlar & one called John Johnson when they came agayst Anthony Morse his house the sayd Thomas Fowlar sayd he would goe in and see his countryman & bad me goe along with that man to the ordinary & he would come presently goeing along with him up the hill he asked if Thomas would stay I answered noe he would come pre- sently he houlding me fast sayd noe sure he will not come yet and then he violently threw me downe upon the ground & then I cryed out," etc.
Examination of John Johnson before Daniel Denison, Apr. 16, 1659. He confessed what An Sawor had said, except throwing her upon the ground, and acknowledged that he had drank too much liquor a little before.
Wm. Trotter testified that he was in the house of Stephen Swett when John Johnson came thither ; the said John to his apprehen- sion had drunk too much, which appeared by the lightness of his speech and carriage in saying in a laughing manner, etc. Sworn before Daniel Denison,t Apr. 16, 1659.
John Johnson bound to appear at next Ipswich court to answer for his misdemeanors with An Sawers. William Trotter, surety. Sworn before Daniel Denison, t Apr. 16, 1659.
John Johnson's petition to the court :-
" I John Jonson being now att Hampton and nott well to Come before your worships Desire to acquaint you with the true statte of the matter for which I was bound to Answere before yor worships
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156
IPSWICH QUARTERLY COURT
[June
William Buckley bound for Johnson.
Sarah Marshall, appearing to answer charges of John Averill before Samuell Symonds, he not appearing, was discharged, Averill to pay her costs.
Joanah Symonds, widow of Marke, presented the inventory of his estate. Amount, 257li. 6s.
John Johnson of Andover released from training until further order of the court.
Elen Coromock fined 4li. for fornication.
Corp. John Andrews' fine respitted until next court.
Sixpence fixed as the smallest fee for serving a warrant in crim- inal cases.
Humphrye Griffen bound in 10li. to answer for receiving cattle taken upon execution.
or before the County Court : & it being Concluded yt I should Come to my Answere the 28 day of this month att Ipswich I Have sent by my friend James Bruce to Informe your worships the truth of the matter : I came outt of Salim upon friday the 15 day of this psent month & Eat nothing in the morning & so Came to Ipswich and Drange nothing butt a Cupe of Cold beere & so att Rowly and when I Came to Newbury fery I Called att a House there & Desired the woman of the House to Give mee a peice of bread & Cheese & shee seeing that I was faint and weary shee brought me a bottell of Brandy & I dranke a draught of as I think a quarter of a pint and after shee offered mee the bottell againe & when I Had drank againe I found myselfe much Heated & out of temper & so I Came over the fery and a man who went along with mee in Nu- bery towne & overtooke a Girle by the way, & left mee to Goe with Her now Concerning whatt shee doth accuse me of whatt my Car- rage was I was so far beside myselfe thatt I ame nott able to Give any tru account but I Desire to leave myselfe to yor worships mercy as God shall direct you & I Hope God will keepe mee from such distemper for time to Come
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