USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 25
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Bill of charges of Jno. Pearce, constable, 2li. 19s. 10d. For John Hayman, Ester Elwell, Grace Duch, Susana Jackson and Ruth Joans, witnesses ; for taking up John Jackson upon suspicion of fornication and for taking up Mary Soams, 2s .; and for going to Mr. Simonses with John Jackson and Mary Soams, 2s.
" Gloster this 6 : of the 7 mo 1660.
" Wee whose handes are heare under writtenn doe Testiefie that our nabor John Jacksonn sener hath liueed in our Towne Sevenn yeare or thereabought & behaved himselfe in Good order soe fare as wee cann or could see & liued onestly witness our hands :" William Stevens,* Siluester Eueleigh,* Anthony (his mark) Day, Thomas Millett, senior,* Thomas Riggs,* Thomas (his mark) Uere, Isaac Wakly,* John Coit,* Thomas (his mark) Prince, William (his mark) Vinsone, Thomas (his mark) Jones, sener, Thomas Millet, junior,* Edmund Clarke,* George Blake,* Samuell Kent,* James (his mark) Babson, John (his mark) Collens, Osmone (his mark) Duch, Robbert (his mark) Elwell, Thomas (his mark) Braye, John (his mark) Briers, John Davis,* Richard Beford,* Richard Windowe,* John (his mark) Kittel, Willi. Seargant* and Georg (his mark) Parson .*
Morris Somes* certified that " by reson that it hath pleased god to strike mee with blindnes that I cannot come to the Court, I doe set John Pearse of Gloster in my steede to speake in my Case con- cerning my daughter."
Antony Day, aged about thirty-six years, testified that, being at work at Goodman Jackson's house, he heard Goody Jackson bid Marey Somes do her work ; that the maid's dame being abroad,
*Autograph.
238
IPSWICH QUARTERLY COURT
[Sept.
him, was freed of his bond, and Henry Phelps was freed of his bond of good behavior.
she idled and meddled with his work so much that he told her to go into the lot and help her poor old master, and she said, "let thay send thir dafter Suesan." She also said to her dame, when told to do her work, "Doe it youer selfe," and said the same to her master, when he bade her go and bring up some wood out of the kenowe. Grace, wife of Osmund Duch, aged about fifty years, tes- tified June 29, 1660, that John Haymans said that there was a very sad thing done that morning, that old Jaxson had assaulted his maid, that the maid cried out and made a doleful noise. Deponent went to the house and found the maid crying, wishing herself dead, and young Goody Jaxson told what had happened. The latter heard the cries and awakened her sister, who lay beside her. The maid came running down stairs and said it had happened several times before, etc.
Sara Vinson, aged about forty years, testified that Marie Somes said she wished to go away from the Jackson's house, and would use all means to do so, for " the deuill would not liue with them," etc. Sworn, 17: 7: 1660, before Samuel Symonds .*
Susanna Jacson, deposed, 29 : 4: 1660, that she called the maid as soon as it was light, when feeding her child, and she answered. Mary Somes told her that the old man tried to kiss her and she bit his nose, etc. Sworn, July 26, 1660, before Samuel Symonds .*
Zacheas Curtis testified that one time at John Jackson's house, he heard the latter's wife tell her maid to bring a pail of water and to wash her dishes, but the maid said she would not. Where- upon, the dame gave her " a nick upon ye arm," and the maid cried out and spoke bad language, until Jackson's wife told her to hold her tongue. Goody Jackson then gave her a blow with the back of her hand, etc.
Susana Jackson, aged about twenty-one years, deposed.
John Jackson, jr., aged about thirty years, deposed as to the language used by Mary Somes, when he lived in his father's house, etc.
Susan Jackson further deposed, 29 : 4 : 1660, that the next night, the maid lay on a chest in deponent's room, saying she was afraid to go to bed in her own chamber, etc.
Ruth Jones testified, July 1, 1660, that when the maid came out of her chamber, deponent's sister, Susana Jackson, asked her what the matter was, etc. The maid said the same thing had hap- pened three times before, etc. Sworn, 27 : 5: 1660, before Samuel Symonds .*
Mary Somes deposed that John Jackson had offered her unclean- ness four times, when her dame was abroad, etc. Sworn in Ipswich court, 25 : 7 : 1660, before Robert Lord,* clerk.
*Autograph.
239
RECORDS AND FILES
1660]
1
Henry Phelps bound to appear at next Salem court to answer to a complaint about ill-usage of his son or any other matter con- cerning the keeping in the house with his brother's wife.
In the case of William Harker v. George Keazer, concerning taking up and marking a mare, the civil part was settled by the worshipful Mr. Symonds, and in the criminal part, he was fined five pounds .*
Grace Duch and Hester Elwell deposed that they heard old Jackson say in Samuell Elwell's house the next day, after he was arrested, etc. Sworn in Ipswich court, Sept. 25 and 26, 1660, before Robert Lord, t clerk.
*Warrant to the constable of Lyn, dated, 6: 6: 1660, for George Kesar of Lyn, upon complaint of William Harker of Lyn, for felony, in taking away his mare from the common and keeping her as his own, and signed by Simon Bradstreete.t
Warrant, dated, Sept. 22, 1660, for said Kesar's appearance at the next Ipswich court and, signed by Simon Bradstreete.t William Bartrum, constable, appointed John Hathorne, his deputy .;
William Ivoryet assigned his interest in a mare, which William Prichard gave him, to Georg Kesar, on 26 : 2: 1648. Wit: Chris- topher Collinst and William (his mark) Smith.
Willhem Harker'st complaint, taken 6: 6: 1660, by Simon Bradstreete :| That about a month since, George Kesar of Lyn took up a roan mare of said Harker's, about five years old, branded her, earmarked her and later put her into a remote place in Rumney marsh. Kesar pretended that she came of a mare that he bought twelve years since, which mare he never had in his possession or saw her after he bought her, but deponent had been informed she had been sent to Barbadoes before the said Kesar bought her, etc.
Judgment by Samuel Symonds, t 15: 6: 1660: That there was not a sufficient charge against George Keasar, and inasmuch as William Harker testified before many witnesses that he was sorry, court ordered that the case be ended, and Keasar to pay fifty shill- ings for charges.
Samuel Whitingt of Lyn, certified, 7: 24: 1660, that Willyam Harker confessed in his hearing that George Keasar went to him and inquired of him about his mare before he marked her.
William Ivorye'st receipt, 22 : 10 : 1648, to George Kesar, for forty shillings, in part payment for a mare which said Kesar bought of William Ivorye for three pounds.
William Harker's bill of charges, 2li. 5s. 4d. His damages were double what the court allowed. They included the want of his mare one month, having constant use every day for her; for time
tAutograph.
#This sentence is crossed out.
240
IPSWICH QUARTERLY COURT
[Sept.
Mall Indian, being brought into court by John Hathorne and Edward Richards, sureties, the court ordered that she return to her master, John Bishop .*
spent in seeking the mare that month by himself and friends ; for three men going from his house to Rumley Marsh, eight miles, to get the mare ; three journeys of himself and horse to Andever, etc.
Joseph Armitage testified that about eight or nine years since, he, being at the eastward, was informed that there was a company of mares about Pentucket that ran wild in the woods and someone said that one Browne of Lyn village had lost a mare or mares and had agreed with William Robinson and Thomas Veale to seek for them, and that they were to have one half for their labor. Also that Goodman Keysar came to " our house" and agreed with these two young men to seek a mare of his.
Thomas (his mark) Veale testified, Aug. 10, 1660, that Goodman Armitage informed him about the mares running wild about Haverhill, and deponent and William Robinson went to seek them ; that before they started, George Keysar gave them ten shillings in money to seek a mare of his that was William Pritchet's.
Ann Croftet testified, Sept. 19, 1660, that about thirteen years since, William Prichard, having damnified a parcel of salt which her husband, Ivery, put on board said Prichard's boat at Boston, was arrested by her husband, Prichard being then bound for Bar- badoes. Said Prichard, complying with her husband about the damage of the salt, told the latter that he had a mare that used to go about Capt. Bridges' ground, and deponent's husband should have her, if he never came back. About a year after, Prichard being reported dead at Barbadoes, deponent's husband sold his interest in her to Keaser, for three pounds. But when the mare could not be found, the matter pressed upon said Ivery's conscience so that he abated twenty shillings of the three pounds, etc.
Henry Collins, John Lewis and Robert Ingolls testified that the place where they found Will. Harker's mare was such that they were forced to leave their horses on account of trees and go on foot to take the mare. Sworn in Ipswich court.
*John Hathorne; and Edward (his mark) Richards bound, Aug. 23, 1660, for the appearance of the Indian called Mall, at next Ipswich court, to answer John Bishop's charge against her. Wit: Daniell Salmon and Will. Bartrum.t Sworn before Simon Bradstreete. t
" To the Honored Court at Ipswich-
" first the law is undeniable that the indian may haue the same distribusion of Justice with our selues : ther is as I humbly con- seiue not the same argument as amongst the negroes for the light of the gospell is a begineing to appeare amongst them-that is the indians.
tAutograph.
241
RECORDS AND FILES
1660]
Ezekiell Northend bound in 100li. for the payment of a legacy to his son-in-law, Joseph Baylye, according to order of the Gen- eral Court. Said Northend came into court and passed over to
" secondly she is but about (as she sayes) sixteen years of age & her mother (whoeuer she is) did neuer know of this her childs comeing hether : I should thinke it a hard measure to haue the same don to any child of mine : by our law here established.
" thirdly the indian is extremely discontent to liue with John bishop now ther is some reson for it: for she was so when she came first to my house : beside the testimony in court doeth not witnes from her mouth (which if they did it is nothing for she is to be at her parents disposeing) but by an interpreter now the witnes canot say that he did report her words unto them or ther words true to her and it is denied that : that indian harry had ought to doe with this indian besid they knew not this indians name which doub[t]les she would haue don if she had consented. humbly desiering that your worships would not forse her to line ther seing they say she came but upon likeing, now that she should liue fiue yeare upon liking has not comon sence in it; beside she doeth deny any such thing : The sayd hary much commooton her & John bishop tow she desiered me to spake som thing for her in this cause : your Honors servant :
" Jnº Hathorne."*
John Bishop's bill of charges, 2li. 10s.
The Indian's bill of costs, 1li. 1s.
Henry Jaquish deposed that when travelling to Boston, he found John Bishop's squaw by the highway and took her to the ordinary man of Lin, Mr. Haighhorne. Deponent promised that he should be paid for the time she was with him, and sent word to her master, whom he supposed would be there the next day, etc. Sworn in Ipswich court, Sept. 25, 1660, before Robert Lord,* cleric.
John Bond deposed that he was with John Bishop when he went to Mr. Haighhorn's house to get his squaw. When they went in, she went to her master and stood at his elbow, seemingly very willing to go with him. A little maid in the house whispered to her, and the squaw went away into another house and was unwil- ling after that to go near her master.
Jo. Judkin and John Bond deposed that Joseph Armentage and Edmund Richards attempted to prevent Bishop from taking the squaw, saying that they were freemen of the town and he should not have her. Also that said Armantage put one hand in the waistband of his breeches, and said if he had John Bond in yonder marsh he would deal with him with one hand.
Benjamen Swett and Nathaniell Weare deposed that, being at Nantukett Iland last May, at the house of Thomas Macy, there
* Autograph.
242
IPSWICH QUARTERLY COURT
[Sept.
Joseph Bayley a parcel of land in the village land, containing three hundred acres, and also twelve acres of meadow at the same place valued at 51li. ; said Ezekiell gave the other 10li. freely to his said son-in-law, which was in full of the said legacy, etc.
Joseph Bayly chose Ezekiell Northend, his father-in-law, as his guardian, and the court accepted him.
Richard Swan acknowledged his error in a testimony he gave at the Court of Assistants. Court withdrew its sentence of making him incapable of jury duty, etc.
Daniell Blake fined 5li. for making love to the daughter of Edmond Bridges, without consent of her parents. Execution respitted .*
being about ten or twelve Indians at the house, one of them, called Mr. Harry, asked Goodman Bishop, who was also there, if he would have a squaw live with him. Said Bishop replied " Let me se her ;" and when the Indian had shown the squaw, he said he would, if she would live with him ten years. The Indians went "out a door two or three times," consulting together, and at length she consented to go for five years. If, however, she liked, she would stay the other five; if not, she was to have liberty to return to her own country. When the agreement was made, deponent asked the Indian called Mr. Harry, the chief speaker, if he sold the squaw, and he answered that she was willing to live with the Eng- lish and asked him to make the bargain for her. Sworn in Ipswich court, Sept. 25, 1660, before Robert Lord, t cleric.
*The examination of Daniel Black and Faith Bridges, concern- ing his notorious evil carriage : First, said Black confessed that contrary to the mind of her father, he stayed with her in her father's house late upon the last day of June, 1660, when the fam- ily were in bed, it being about ten o'clock when Edmund Bridges went to bed that night. Second, that having taken William Dan- ford from his master Pritchett's work, to go with him to Rowly, they carried a bottle of wine to the house of Edmund Deere in Ipswich ; and being there, he employed the said William as his messenger and instrument to draw the said young wench to him at Deere's house, from her father's house, her father and mother be- ing absent from home; that she stayed at Deere's house half an hour, when Deere and his wife were not at home.
Edmund Bridges bound for his daughter's appearance.
. William Danford said that Daniel Black said to him that he could " beteame to stabb him " because he stayed so long, and this was after the wench was come to him at Deere's house.
+Autograph.
243
RECORDS AND FILES
1660]
William Danford fined 10s. for his offence.
Evan Morice was fined 40s. and ordered to prison for drunken- ness, quarrelling and railing speeches .*
Daniell Clarke was sentenced as follows: For selling half a pint of liquor to the Indians, to pay a fine of 20s. ; for provoking speeches, 10s. ; and for selling liquors without a license, imprison- ment during the pleasure of the court; and for disorders in his house, was prohibited from keeping an ordinary any longer.i
Danford was bound to appear at next Ipswich court in this case. Sureties : William Vselton and John Marshall.
" Gudm Bridges I pray let me be remembered to you and let me intrete your leniti toward Daniell blak or giue or produs bond for him rather then imprison him I would haue Cam my self but my ocasions will not let me he is like to loes his korn if he li by it and if you and he do take up so much of the matter as you can Con- uenientli which he is willing to doe it may do well on both parties " Yours Daniell Clark."
Warrant, dated, 4: 5: 1660, to the constables of Ipswich, Rowly and Toppesfeild for the arrest of Daniel Black and William, an Irish man servant of William Pritchett; also to summon John Brewer, Obidiah Bridges and the wife of Edmund Deere, as witness- es ; signed by Samuel Symonds. #
*Francis Ussleton and Edmund Bridges deposed that Evan Morrice provoked them by railing speeches, such as calling them cheating rogues, baud-birds Bridewell birds, etc.
¡Fraunces Uselton's complaint against Daniell Clark, dated Sept. 3, 1660: For selling strong liquors and wine without a license and charging excessive prices for same, for selling liquors to Indians, for breach of the peace, for neglect of his duties in his office of constable and for disorder in his house.
Summons to Thomas Wase, Edmond Bredges and Anthony Carell, as witnesses, dated, Sept. 24, 1660 and signed by John Redington,¿ for the court.
Edmond Bridges, jr., deposed that, being at Daniell Clarke's to attend a town meeting, and the town affairs being concluded, he and some others called for a cup of liquors for their refreshment. When they asked for a reckoning, a contest arose between Daniell Clarke and his servant, Evin Morris, about the amount. Said Morris interrupted and contradicted his master with opprobrious language, giving him the lie and further ratifying his abusing de- portment by holding up his hand against him. Deponent, fearing the issue of so hot a contention, pushed Evin back, but the latter being overcome with drink, fell upon the ground, and after recov-
#Autograph.
244
IPSWICH QUARTERLY COURT
[Sept.
ering his legs, laid violent hands upon deponent, buffeting him with as good courage as his cups and manhood would permit. Francis Ursleton was a spectator, who tried by argument and persuasion to prevent Evin Morris from committing such misdemeanors, but the latter affronted him, also. Daniel Clark also laid violent hands on Francis Ursleton, dragging him by his neckcloth and calling him cheating rogue, etc., and claiming that deponent and Ursleton had contrived to satisfy their account due upon his book by some such way as Ursleton paid him for breaking up his land. He also called them cowards, and challenged them to the field, saying, " Come Urselton lett us goe behind ye hill & I will try a touch with thee." Uiselton replied that it was time to stand upon his guard and took said Clark by the neckcloth for his personal secur- ity, whereupon Clark asked deponent and William Smith to aid him in taking said Urselton to the stocks. Urselton refused to go with- out his hat, but having procured it, the constable refused to see to the prosecution of this charge, etc.
Francis Ussleton and Edmun Bridges deposed that Daniel Clarke owned to both of them that he had no license to sell either wine or liquors ; also that he had sold to John Indian eight shillings' worth of liquors and three meals of victuals, etc. Sworn in Ipswich court, 25: 7 : 1660, before Robert Lord,* clerk.
Sarah Ussleton deposed that, being at Daniell Clark's the night of the trouble, notwithstanding the condition of Morice, Goodwife Clarke let him have three gills more of liquor and, she thought, one pint of wine. Then said Morice raged and called deponent and his dame vile names, and said he would kill Isaac Ong and depo- nent. Clarke took no notice, but told his wife she had made him drunk. Sworn in court.
Thomas Wasse, Anthony Carill, John How, Frances Ursellton, Daniell Black and Edmond Bridges testified that they saw Indians drink and buy liquors in Clark's house. Sworn in court.
Isack Ong deposed that after the trouble, he being at Clarke's house that night, Even Moris went to bed and later came down in his shirt. At the request of Goode Clarck, he tried to persuade Moris to go back to bed, but he refused, saying he would not stay with such rogues, etc. Sworn in court.
Edmond Bridges and Danill Blake deposed that when they were at Danill Clark's about reaping time with Bridges' brother Obedy- ah, John Crumill and John McShane, they spent seven shillings, of which John Crommill paid four shillings, eight pence, in money, and said Bridges paid seven groats ; they also paid for one pint of wine. Danile Blake paid for one pint of liquor. Cromille wished to go home, but Clark persuaded the company to stay, and for one who did not like liquor, Clark said he would send to Ipswich for some sack, etc. Sworn in Ipswich court, Sept. 25, 1660, before Robert Lord, * clerk.
*Autograph.
245
RECORDS AND FILES
1660]
Edmond Bridges, of Topsfield, and Frances Urselton were fined and sent to prison for quarreling, not submitting to the constable and abusing him in his own house .*
Edmund Bridges deposed that Francis Ussleton, being employed by worshipfull Mr. Simons to serve a warrant upon Daniell Clarke and Even Morrice, said Clarke broke forth into violent speech, call- ing said Ussleton rogue and bidding him depart his house or he would crack his crown ; and this before he had time to legally serve the warrant.
Thomas Wasse deposed that being resident at Daniel Clarke's house about a month, he saw no disorder in the house by intem- perate drinking and told all to be prudent and cautious ; that he had further heard him tell Even Morris not to call for any liquors to drink with any that came to his house but rather to deny the ac- ceptance of " pledging his guesse" that he might the better avoid disorder and superfluous expenses ; that Clarke knew his constitu- tion to be such that a little drink would overcome him and " exas- perate his sperit." John Baker,t William Smyth; and Francis Batest testified the same.
John Baker, jr., deposed that he came by accident to Daniell Clark's, when Urselton and Bridges were there with a warrant for said Clark. They showed it to deponent, but snatched it away from him when they saw said Clark's wife approaching. They told said Clark that they had it, but would not let him see it, only hear some part of it. Clark departed out of the house, but immediately re- turned and asked for provisions, which his wife refused him. He replied that such rascals should not have them, requiring pay for what was already due, and adding he had " layd downe the ordi- nary."
*" To the honnred Cortt
" with dew respectes as your worships are the fatheres of the land and home is here agused in som partt Justly and in som part not justly : as will apeare upone the scearching into mattars : do accknilege that it is mattar of blame unto me in this mattars so far as i do and shall acknowledg and acordingly as is or shall be legeoly proued against me : therfor I hope your wourchipps will considdare me as hath all Redy bene acknoleged by them : selfe danile clarke and as I shall plainly make apeare to the Iyese of ye worlde that I hath bene noe unresonabell mane in way of exs- pences but I hath bene very diligent in my labour sencs I came to topsfelde in my trade : a[n]d do beseach The praires of this honnrd cortt to god for me as i hops I haue founde the Beneffit of all redy : that god would Be plesed to make me conchonabell in my life in my dealing both in respect of atendans to the calls of the contry and in my trade : which i do desiar to be sarvisaball in to improue
tAutograph.
246
IPSWICH QUARTERLY COURT
[Sept.
Frances Ursselton fined for swearing the second time, and for taking tobacco in the street on the Lord's day.
my talent which god hath put in my hand lik wise I do dessonne taking part with goodinan Usilton in any respect of euill but the ocastione of my coming hether was by a sumans of francis Usil- ton : to geife euedencs in this case therfor I hope the honnred cortt will considare my ernest and sears exspreshons a[n]d all in way of humbleing of my selfe in what i am found a delinquant in : " Edmond Bridgs."*
Goodwife Bates deposed that " hearing at my house a great noise And Goodm Useltons tounge in the noise, and knowing that my Husband was gone to Goodm Clarks for a pitcher of small beere, I feared Uselton had or would mischeife my husband in Useltons quarrelsome humor, And I came to the house In all the haste I could make, And when I came I heard Goodwife Clarke cry out O my Husband, And uselton had him by the throat, & nubled him under the throat and abused him like a dogg, and also in wordes uery badly, And railed one Goodwife Clarke : saying shee was a deuelish woman, And the diuell was in her and would hane her, And they would not obey but Refused to obey the authority of the Constable, the more he comanded the peace the more they Reuiled him and Refused to depart the house : and said the house was theirs, And after the constable had gott Evin Morris from them, And shut him from them in a parlor they broke open the doore twice, to quarrell as I thinke with Evin Morris so that Goodm Clarke was very hardly put to it to keepe the peace, for Edmund Bridges threw Euin Morris twice against the ground like a dogg," etc. The quarrel lasted three hours and all that time Goodman Clarke gave them no ill language. Sworn in Ipswich court, Sept. 25, 1660, before Robert Lord,* clerk.
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