USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 24
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228
IPSWICH QUARTERLY COURT
[Sept.
pence, in full satisfaction for his daughter's diet from the first time she came until the last of March next. Wit : Edward Baker .*
Receipt, signed by William Edmonds, given to Henry Greene for a mare colt, in full satisfaction for his daughter's leg. Wit: Jo- seph (his mark) Huchens. Said Edmonds acknowledged this ac- quittance in court. Copy made by Tho. Bradbury,* recorder for Norfolk county.
Abrahame Grene, aged about sixteen years, and his brother, Iseke Grene, aged about fifteen years, deposed that Goodman Edmons of Lene came to their father's house the last spring and asked the latter for a colt. Their father told him there was no colt there for him, but finally brought out a colt that said Grene had bought of Mr. Stanle a quarter of a year before, and told Edmons he could have that for the expense about their sister's leg. But the colt ran away from them, and Grene said Edmons could have two cows in- stead. The latter refused, and finally took the said colt, etc. Sworn, 22 : 1: 1659-60, before Tho. Wiggin .*
Joseph Hutchens testified that when his father-in-law, Wm. Ed- monds, went to get the colt which was due him for the cure of Henry Greene's child, which had been performed by deponent's mother Edmonds, deponent accompanied him. Greene's boy brought out a mare and colt, but Edmons claimed it was not the colt promised him. Green replied that he had been offered nine pounds for this colt a year and a half before, and that it was one that he had raised himself. Edmonds questioned it, but at last took it, and gave Greene an acquittance. The colt was very thin, small and lowsey and from appearance was not a year and a half old, etc. Sworn in Hampton court, 6 : 8: 1659, before Tho. Bradbury,* rec. Copy made by Tho. Bradbury,* rec.
Matthew Price, aged about thirty-one years, deposed that being on a journey to Linne in Feb., 1657, he went into the house of Wil- liam Edmonds and saw Henry Green's daughter, Mary, who had formerly been under the care of Mr. Tho. Starre of Charllstowne, physician, for the cure of a sore leg. Deponent marvelled at it, be- cause he thought she had gone home with her father, and he asked why she stayed there. Edmond's wife told deponent that she was to be cured of her sore leg, and said deponent, upon looking at it, declared that it was in a better condition than when under Mr. Starre's treatment, although it was a very bad and desperate wound. About a year after, deponent saw Mary Greene again and her leg was nearly well, and Goodwife Edmonds showed him a bone of about five inches in length, which Mary said came out of her leg. There was very little soreness or pain in it, and she could leap about very lively, so that deponent rejoiced in the cure by Good- wife Edmonds, etc. Sworn, Apr. 24, 1660, before Richard Rus- sell .*
*Autograph.
229
RECORDS AND FILES
1660]
John Ilsly, aged about fifty years, deposed that the last of March or beginning of April, Henry Green sent for him to go to the ordi- nary at Sallsbeary to look at his girl's leg. Deponent and the wo- man of the house thought the child had a running sore, etc. Sworn at Hampton court, 6 : 8 : 1659, before Tho. Bradbury,* rec.
Binjemin Kimball, aged about twenty-four years, deposed that Willi. Edmond brought a mare colt to deponent and asked him to keep it for him, etc. Sworn in Ipswich court, 27: 1: 1660, before Robert Lord,* clerk.
Giles Fifield deposed that Mary Greene was able to go up and down the house, wash dishes and sweep, when she was at his house in Charlestowne under treatment of Mr. Star, and he saw her at Edmonds' walking up and down the house. Also that deponent was with Goodman Greene and his child when they left Goodman Ed- monds' house, and the child said her leg was sore, etc. Sworn, Sept. 26, 1660, before Daniel Denison .*
Anthony Stanyan deposed about selling a colt to Henari Grene of Hamton for six pounds. The colt was large for her age and strong, etc. Sworn, 22: 1:1659, before Tho. Wiggin .*
John Smith of Nubury, deposed on Mar. 27, 1660, that he was a boarder at the house of William Edmonds of Linn, when Green's child was brought there and that Goodwife Edmonds was to be paid for the cure and for diet; that Henry Green came after thirteen weeks to see the child, etc. Sworn in Ipswich court, 27 : 1: 1660, before Robert Lord,* clerk.
Jno. Edmonds deposed that Green brought his child to deponent's father's house about the beginning of winter of 1657, and agreed to pay a cow for her diet since Green did not have money; that his mother said to leave the child a fortnight or three weeks and she would see what she could do, etc. Sworn, 1 : 8: 1659, before Tho. Bradbury, t comr. Copy made by Tho. Bradbury,* rec.
Joseph Edmans, aged about seventeen years, testified as to the condition of the child when she came to his father's house and to the great care his mother gave her ; that it was three persons' work oftentimes to dress the wound and she could not eat ordinary diet, etc.
John Stanyan, aged about eighteen years, testified as to bringing up the colt for Goodman Greane, which the latter had bought of his father, etc. Sworn, 22: 1: 1659-60, before Tho. Wiggin .*
Tho. Kimball, aged about twenty-six years, deposed about the bargain concerning the colt; also that the colt Green promised to Edmonds, he had sold to Jno. Redman, in whose possession it was about six weeks since. Sworn in Hampton court, 6 : 8 : 1659, before Tho. Bradbury,* rec. Copy made by Tho. Bradbury,* rec.
Anthony Crosbie, aged about twenty-three years, testified that he heard Goody Edmonds say that Henery Grene's daughter's ill- ness was the King's evil and she had cured it. Afterward, said
*Autograph.
230
IPSWICH QUARTERLY COURT
[Sept.
Grene brought the girl to Rowley and requested deponent to look at the leg, and according to deponent's best skill he thought that the bone was not sufficiently scaled. Sworn in Ipswich court, 27: 1:1660.
John Paul, aged about thirty-two years, testified that Marie Greene showed him the bone, which came out of the fore part of the leg, and it was hollow at one end, etc. Sworn, 24: 2 : 1660, before Richard Russell .*
Bridgid Huggins, aged about forty-four years, testified that being desired by Goodwife Green to look at her child's leg, she found it very much swollen, red and raw and not much better than when she went to the Bay. This was about a week after the child's return. Sworn in Hampton court, 6 : 8 : 1659, before Tho. Bradbury,* rec.
Robert Lord, aged fifty-seven years, deposed that the wife of William Edmonds of Lyn affirmed, at Ipswich court in March last, that she had taken out a piece of the child's shin bone. Upon being further questioned, she said it was the marrow bone. Tho. Kimbal also testified the same. Sworn, July 30, 1660, before Dan- iel Denison .*
Henrie Greene,* aged about forty years, affirmed that he never told William Edmonds that the colt he had of deponent was the colt of his own mare nor that it was the colt promised Goodwife Edmonds, etc.
Giles Fifeild testified that the bone lay bare when Henry Green took his child from Charlstowne, and a month after as deponent was going to Lyn, he stopped at Edmons' house to see his cousin, Mary Greene. Goody Edmons said she hoped to have the child at home in six weeks. The flesh was grown about one quarter of an inch upon the bone. When deponent returned to Charlstowne, he told Mr. Starr about the condition of the child's leg, and said Starr replied that he would eat a firebrand if she cured it. Later deponent's Uncle Greene told him that he was to give his mnare's colt for the cure, etc. Sworn in Hampton court, 6 : 8 : 1659. Copy made by Tho. Bradbury,* rec.
John Redman, aged about forty-two years, deposed that he was at Will. Edmonds' house, in the year 1658, with Abraham Drake, etc.
Sarah Jenkins, aged about forty-three years, testified as to the care Goodwife Edmonds had given the child. Further deponent heard Dr. Crosby say he would not have done it for less than fifty pounds. Sworn, 24 : 2: 1660, before Richard Russell .*
Thomas Marshall* of Lynn testified, 27 : 1: 1660, to seeing Mr. Starr dress the child's leg at Charlstowne, etc.
Richard Ormsby, aged fifty-two years, testified that Wm. Ed- mons of Lyn took a colt to Salisbury, the April before, with a mare. The colt was so feeble that he was afraid to carry it over *Autograph.
231
RECORDS AND FILES
1660]
Mrs. Eliner Hooke, widow of Mr. William Hooke v. George Keazer. For her dower or third part of seventy acres of salt
the ferry or to send it back to Green, and Benjamin Kimball was persuaded to take care of it until it grew stronger. Later Mr. Stanian came to Salisbury and deponent entreated him to see this colt, which he declared to be the same colt that Henry Green bought of him. Sworn in Hampton court, 5 : 8 : 1659. Copy made by Tho. Bradbury,* rec.
Jno. Eaton, aged about forty years, deposed that two years since he bought a brown mare colt of Henry Green for nine pounds in cattle, and after about six weeks, said Green, riding by deponent's house, agreed to take it again. Later at the ordinary at Salisbury, deponent saw the colt that Edmonds had of Henry Green, and it was not the same colt, etc. Sworn in Hampton court, 6: 8: 1659. Copy made by Tho. Bradbury,* rec.
Thomas Marston, Joseph Hutchins and Abraham Drak deposed. Sworn in Hampton court, 6 : 8 : 1659. Copy made by Tho. Brad- bury,* rec.
William Moulton testified that when he was selectman in 1658, Goodman Green told him not to rate his colt for it was Edmons' colt and he was keeping it for him. Deponent replied that it was in said Green's hands and the latter must pay the rate, etc. Sworn in Hampton court, 6: 8: 1659. Copy made by Tho. Bradbury,* rec.
Benjamin Kimball, aged about twenty-three years, deposed that the colt was not the one that came of Green's mare, etc. Sworn in Hampton court, 6: 8: 1659. Copy made by Tho. Bradbury,* rec.
Christopher Palmer deposed that he had some conversation with Henry Green about buying his colt, but when the bargain was par- tially made, said Green told him that he was but jesting, for the colt belonged to Goodman Edmans, etc. Sworn in Hampton court, 6:8: 1659. Copy made by Tho. Bradbury,* rec.
Sarah Ormsbe deposed that Henry Green came into their house with his daughter, about the beginning of last April, and showed the leg to Goodman Inslee. There was a plaster on it, etc. Sworn in Hampton court, 5: 8 : 1659, before Tho. Bradbury,* rec.
Thomas Kimball deposed that Edmunds told Green, at the lat- ter's house, that the child could be taken home, for her leg was well, except that her shin was a little broken against a pot side, etc. Sworn, July 30, 1660, before Daniel Denison .*
Curnellus, Mr. Stanyan's man, aged about fifty years, deposed that he saw the colt that Henry Greene had of his master, on the Sabbath day before said Green sold it, and the colt was well and lusty, etc. Sworn, 22: 1: 1659-60, before Tho. Wiggin .*
*Autograph.
232
IPSWICH QUARTERLY COURT
[Sept.
marsh or meadow, in possession of her late husband, and sold by him to said Kezer for a small amount. Withdrawn .*
Rich. Coy, attorney to Samuell Heifer v. Mr. Ezekiell Chever. Trespass. For taking and keeping possession of a house which was left in plaintiff's hands. Verdict for defendant. Appealed to next Court of Assistants. Joseph Armitage and John Leigh bound for said Coy's appearance. t
Robert Tuck testified that the child's leg was no better than when she went away from his wife's, etc. Sworn in Hampton court, before Tho. Bradbury,# rec.
*Writ, dated, Sept. 15, 1660, signed by William Longley,# for the court, and served by William Bartram,# constable of Lyn, by attachment of house, lot and outhouses of defendant.
tWrit, dated, Sept. 20, 1660, signed by Robert Lord,¿ for the court, and served by Robert Lord,¿ marshal, by attachment of a barn full of hay, four stacks of hay and an acre of land, of de- fendant.
Samuel Heyford, ¿ of Ipswich, on Dec. 20, 1651, appointed Richard Coy of Ipswich, his attorney, to settle all differences between him- self and Mr. Bartholmu, and if necessary to answer in court, etc .; also to let or sell said Heyford's house. Wit: Theo. Saltert and Mathy (her mark) Coy. Acknowledged upon oath, by Martha Coy, May 25, 1660, before Daniel Denison.}
" Lo : Cosne. Sr
" Respects psented. thes certifye conserneing wt you wrott that I doe remember Good Coy Sould the Houce for twenti fiue poundes but it being so longe Since passages are out of minde so fare as at psent I cannot be free to mak Oath
" Yr Loueing Freind
" 22th 7 1660.
Wm Paine."
Robert Payne deposed that, having given sixty pounds toward the purchase of a house and land for the setting up of a free school in the town of Ipswich, and considering the most convenient place for such use, the house and land now in controversy was the place decided upon. It being for sale, deponent desired Mr. Wil- liam Payne to treat with Richard Coye about the price, and the latter agreed to take twenty-five pounds, which sum deponent paid according to order. Sworn in Ipswich court, Sept. 25, 1660, before Robert Lord,¿ cleric.
Ezekiel Cheevert testified that he was in possession of the house belonging to the school, now in controversy, in the beginning of the summer, 1652, which may be evidenced by the records of his mar- riage, Nov. 18, following, and the birth of his first child, besides abundant testimony of neighbors.
#Autograph.
233
RECORDS AND FILES
1660]
Henry Bartholmew v. Frances Urselton. Debt. Withdrawn.
John Person v. Mr. Rich. Dumer. For a legal conveyance of the half part of Rowley corn mill and land, lately sold to the said Person by defendant, and for legal security or, in want thereof, for what damage plaintiff had sustained. Special verdict, and court found for the defendant .*
John Paine deposed that demanding a debt of Richard Coy, in behalf of his father, Mr. Robert Paine, of about five or six shil- lings, said Coy told deponent that there was as much due to him on the payment for the schoolhouse. Coy further told deponent that he had sold the house that was Sammuel Hefford's, but to whom deponent did not remember, and that Coy had called upon deponent's father to get writings made concerning the school- house, but he had as yet neglected it. Sworn in Ipswich court, Sept. 25, 1660, before Robert Lord,t clerk.
William Bartholmew testified that some days before Samuell Heifer's going to England, deponent attached said Heifer's estate for a debt, which to his best remembrance was the house in ques- tion. Afterwards, deponent met him in Wenham and Heifer said he had left an attorney, Richard Coy, to settle all matters, etc. Some time later, Coy paid ten pounds to deponent and appointed the latter to pay six pounds to George Hadley, which deponent accordingly received, etc. Sworn in Ipswich court, Sept. 25, 1660, before Robert Lord, t clerk.
*Copy of Salem court record : June 26, 1660, John Pearson of Rowly acknowledged judgment of 150li. 12s. to Mr. Richard Dum- mer of Newberye. Copy made by Hillyard Veren, t clericus.
Writ, dated, Sept. 13, 1660, signed by Robert Lord,t for the court, and served by the marshal of Ipswich.
Jury agreed upon a special verdict. They found that Mr. Dumer had sold the half mill and lands to John Pearson, with two cow commons, and that he was bound to secure said Pearson from Mrs. Nelson and the other heirs during the term of her life, etc.
Copy of will of Thomas Nelson, made Sept. 24, 1660, by Robert Lord, t clerk.
Bill of sale, dated, 1: 5: 1654, from Ric. Dumert of Newbery, gent., executor of the estate of Thomas Nelson, deceased, to John Person of Rowley, carpenter, for 100li., one-half of the corn mill at Rowley, with one-half of all material and appurtenances, as ropes, crows, sleggs, mill bills, chisels and tubs ; also one-half of the land adjoining, bounded as follows, forty-three acres, of which seven acres were meadow, lying between the land of Rowley, being their ox pasture, on the southeast, common land of Rowley on the south-
Autograph.
#Autograph and seal.
234
IPSWICH QUARTERLY COURT
[Sept.
Elizabeth Archer, attorney to her husband, Henry Archer v. Cor- pall. John Andrews. Debt .*
west and otherwise bounded by a salt creek which comes out of Newbery river to the said mill; also one-half of three acres joining upon the said mill-river toward the south, otherwise surrounded with common ground belonging to Rowley, with one-half of the rights and privileges to said ground. Wit: Joseph Jowettt and Willm. Howard.t Acknowledged, June 25, 1663, before Daniel Denison.t Recorded by Robert Lord,t in records for Essex at Ipswich, Book 2, folios 161 and 162.
Bond of Ric. Dumert to John Person of Rowley, dated,1 : 5 : 1654, for 200li., said Dumer agreeing to procure acquittance from Mrs. Nelson, then in England, of all her interest in Thomas Nelson's estate, and to secure said Person against all claims upon Nelson's estate, etc. Wit : Joseph Jowettt and Willm. Howard.t
Willm. Howard deposed that about five years before, he was re- quested to go to Mr. Richard Dumer's house, where he met Mr. Jo- seph Juitt, of Rowley, and another of the sametown, who had much conversation concerning buying one-half of the mill; that Dumer guaranteed them against all claims from the Nelson estate and writ- ings to that effect were drawn up, but the name of the purchaser, deponent had forgotten, etc. Sworn, 13: 3: 1659, before Jo. En- decott, Govr.,t and Samuel Symonds.t
Joseph Jewett testified to being with Mr. Richard Dummer and John Pearson when the bargain was made and hearing the former agree to procure an acquittance from Mrs. Nelson, etc. Sworn, Sept. 25, 1660, in Ipswich court.
John Pickerd deposed that about four years before in conversa- tion with Mr. Richard Dumer, said Dumer called John Pearson and said " the bargain I made with Richard Longhorn and John Pickerd conserning the land I sold them of Mr. Nelson's farme is come to nought and will not stand for the Court - not allow me to sell it. Therefore you and I must come to some new agreement." Pear- son was willing to come to any agreement whereby Mr. Dumer might be freed from any snare, so long as it were not to his own loss, etc. Sworn, June 25, 1660, before Daniel Denison.t
William Stickney and James Baily deposed that about a year ago, they heard John Pearson offer Mr. Richard Dumer all his pay for the mill, if said Dumer would make good his title. Said Dumer replied either that he could not or " how can I," whereupon Pear- son told him that he might give his own land for security, etc. Sworn, June 25, 1660, before Daniel Denison.t
*Paid to Goodman Archer, for expences for himself and wife be- fore the wente : In beefe, 1562 pounds, 17li. 2s. 6d .; for going to Concord for Goodman Stow, 2li. 10s. ; carried to Goodman Laiton's,
tAutograph.
#Autograph and seal.
235
RECORDS AND FILES
1660]
Gyles Barga and John Jackson v. Thomas Harvye. Defama- tion. Withdrawn.
Rich. Coy had his license renewed to keep an ordinary at Wen- nam and to draw wine and liquors.
Georg Dymond, upon complaint of Mary Calely, for attempted assault, was ordered to be severely whipped or to pay a fine of four pounds. *
21 bush. of wheat, 4li. 14s. 6d .; 2 bush. of wheate, 9s. ; 44 bush. and halfe of wheate to Goodman Laiton's, 9li. 18s .; 1 bush. and halfe of wheate by Tom Clarke, 6s. 9d .; to Mr. Chute, 1li. 10s .; to Goodman Wiate, 2 bush. of wheate, 9s .; 2 : 4: 1657, to Sargent Clarke, 10s. ; 2: 4 : 1657, to Captaine Gearesh, 3s. 6d. ; 2 : 8 : 1657, for putting in 2 sells in the leantoo, 6s. 6d. ; 24 : 8 : 1657, for mak- ing the way and doors in the seller, 1li. 8s. 5d .; 3: 10 : 1657, to Richard Kimball, 10s. ; 19 : 12 : 1657, to Goodman Duch, 5s. ; 20 : 12 : 1657, to Goodman Waineright, 16s. 8d. ; 24 : 8 : 1657, 24 bush. of wheate and 15 bus. of wheat, 8li. 15s. 6d. ; 23 : 12 : 1657, to Ze- ciell Rogers, 2s. 6d. ; to Brother Hovy, 2s. 6d .; to Mr. Wade, 4li. 4s. 6d. ; to Ned Allin, 4s. ; to Mr. Paddashall, -; to Goodman Waineright, for the fraight of the 24 bushells of wheat, 8s. ; total, 53li. 13s. 10d. ; by pay for her passage, 6li. 7s. 6d. ; John Andrews is debtr. to Mr. Archer for three shotts and a cow, 2li. 10s.
Bond of John Andrewest of Ipswich to Henry Archer of Ipswich, dated, Sept. 23, 1656, for the payment of a debt of 160li., in wheat and barley. Wit: Robert Crosset and Robert Lord. t
*Letter addressed " To the Hond Court at Ipswich be these de- liuered :
" Hond Gent I haue sent unto you George Dimon, the cause, his examination & espetialy the Testimonye & psons will make apeare, whom I haue bound to psecute against him, my business is such that I cannot well atend the Court, pray hold me excused, who thought my occasions are many, yet if I had not heard the Court had been full, I should have forced my selfe who am yours in all servis " Yr servant
" Salem : 24 : 7ber 1660. Wm Hathorne.t
" I haue also sent a deed wch will be of use in a case of George Keasers, wch. I doe intreat the Majr Gen11 to keepe safe."
Edward Read testified that he saw Georg Dymon go into Thomas Caly's house " half an hour within night," etc. Sworn, 24 : 7: 1660, before Wm. Hathorne.t
Margret Reade, wife of Edward Read, testified that she heard an outcry and she and Goodman Parmiter went out and found Thomas Caly's wife a little beyond the house, etc. Sworn, 24 : 7 : 1660, be- fore Wm. Hathorne.t
+Autograph.
236
IPSWICH QUARTERLY COURT
[Sept.
Mr. Edward Woodman, Capt. William Gerish and Lieft. John Pike were sworn commissioners to end small causes for Newbury.
John Jackson, sr., was fined for attempting to assault his maid and for filthy speeches .*
Thomas White testified that he heard Thomas Caly's wife cry out, etc. Sworn, 24 : 7: 1660, before Wm. Hathorne.t
The examination of George Diman, 24 : 7 : 1660, by Wm. Ha- thorne :; It was proved that he called at Pmiter's, went to Craley's and got Craley's wife to direct him in his way, which he said he was not able to find, and that he attempted to abuse her; Diman denied all, and said Hathorne gave him over to the constable, hav- ing no security. Thomas Craley bound in five pounds for his wife's appearance at Ipswich court, 25 : 7: 1660, to prosecute against said Dimon.
Benjamin Palmiter testified that George Diamond went to his house the last Saturday night after it was night and inquired for one Lott Connant. Deponont told him he was not there and de- sired said Diamond to go home, for it was not a convenient time to be abroad. A little while after, "I heard my daughter crye out with A greuious crye, Father, Father at which I Run out and this Diamond Ran away and my daughter tould me that he would haue abased her." Sworn, 24: 7 : 1660, before Wm. Hathorne.t
Thomas Caly deposed that Gorge Diment came to his father-in- law's, Benjamen Pamata's house, and asked to light a pipe of to- bacco. Deponent said it was too late, it would be dark, and so he went away. Upon hearing cries, his father said " Run he that can run fastist," and deponent ran and came first to his own house, where the light was burning. He looked for his wife, but she was not there, so he ran out and made a whoop three times, and at last heard his wife screech. When he came to her she could not speak, and he shook her, and asking what the matter was, she replied that Gorge Diment had assaulted her, etc. Sworn in Ipswich court, Sept. 25, 1660, before Robert Lord, t clerk.
Marie Crally deposed that Georg Dimon came to her house for Lot Connent, saying that her father said he might be there. He asked her to show him the way, as it was dark, and she, supposing he was an honest man, went with him and as she turned to go back, he assaulted her. When he heard the dogs bark and her husband calling, he ran away, etc. Sworn in Ipswich court, 25: 7 :1660, before Robert Lord, t clerk.
¡John Jackson's statement, dated, 21: 4 : 1660 : " I did rise out of my bed and lookd out of my windoe and saw the sonn was up almost an houre hie as I use to looke out every morning to see what weather it is and how the tide is and as I went to my bed
+Autograph.
237
RECORDS AND FILES
1660]
· Nicolas Philips, bringing in Henry Phelps, according to bond, and upon proclamation made, none appearing to prosecute against
againe I said to myselfe is not this maid up yet and I went to the bed side and shooke her by the shoulder and asked whether it were not time to rise and goe about my buissnes for there was a great deale of worke to doe and I went to my bed againe and for that she say I would ly with her I did never offer to abusse her in my life but I haue cald her out of her bed seuerall times before and for that shee reports of me shee haue done me abundance of wrong in defaming my name."
Bond of *John Jackson, in the sum of five pounds, to appear before Samuel Symonds* on next lecture day come five weeks, in Ipswich, to further answer the matter of attempt of uncleanness with his servant, Mary Somes ; dated, July 2, 1660 ; sureties, Robert Ellwell and William Vincent. He appeared on July 26, 1660, and was held in the same amount for the next Ipswich court ; sureties, Anthony Day and the wife of William Vincent, the latter in place of her husband.
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