USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 26
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Edmund Bridges testified that what Daniel Clarcke accused Goodman Ussleton of, namely, laying hands on him, was done after said Clarke had challenged the field of him and after he had made William Smith his deputy ; further that Clarke said that Ussleton would not depart the house without more drink, which consisted of small household beer, etc.
William Smith deposed that Usselton threw Morris upon the ground, holding him by the throat, etc. Also, that Goodman Clark did not challenge Bridges, but told them that they were unmanly fellows to meddle with such a poor fellow, not being ignorant of his weakness and extreme passion, and tried to rid the house of them. Sworn in Ipswich court, Sept. 25, 1660, before Robert Lord,* clerk.
Matthew Stanley deposed that he was asked by Goodman Clarke to help pacify them, but he knew that he was not able and so re- fused ; also, that said Clarke used no unmeet language, etc. Sworn in court.
*Autograph.
247
RECORDS AND FILES
1660]
Jugg, Capt. White's negro, upon her presentment for fornication, was sentenced to be whipped.
Frances Urselton and his wife were admonished for leaving their children alone in the night in a lonely house, far from neighbors, after having been warned of it. He was to be punished, if any danger came from it.
/ Whereas there was a return made of a laying out of a way from the north end of Rowley town to Rowley mill and so on to Richard Thurrell's bridge, as the trees were marked, and so on through the farms of Edmond More and Robert Adams, to Trotter's bridge as the trees were, and so on to the meeting-house of Newbury, as An- dover way was laid out, and some Newbury people appearing at this court and claiming that there was yet a nearer and more con- venient way, it was ordered that the four men previously appointed meet with the Newbury men, view the way mentioned and report to the next Ipswich court, etc .*
Francis Baker deposed that Morris' mouth was very much swol- len and bled. He heard Goodwife Clarke cry out, fearing that her husband would be killed. They desired deponent to help quell the disturbance, but he could do nothing on account of a lame hand, etc. Sworn in court.
*" According to that which our Towne propounded unto the hon- oured Court Sept. 1660 of a neerer and a more Convenient way then that by Rowley mill and by Richard Tharlayes, wee do here againe prsent what was then propounded. And according to the Courts order do make report unto this honoured Court, and wee hope that Ipswich men cannot but acknowledg it is a better way and more Leuell then the other, & wee haue measured both, and find it to bee three quarters of a mile neerer wanting but 12 Rods being impar- tially measured and wee do thus describe this way from Rowley through their oxe pasture Runing ouer a parsell of meadow being about 50 Rods unto Rowly Mill riuer with a bridge ouer the Riuer which may cost about ten pounds by Mr Phillips meadow and then through the necke, being very little more then halfe a mile unto the Riuer which is the falls Riuer ouer another bridge, and so run- ning ouer another parsell of meadow about 55 Rods and so through the upland being Edmund Moores pasture and so to the old way by Robert Adams house and ouer Newbury Mill bridge | by ye meet- ing house | and going this way wee shall escape 5 or 6 little bridges which of necessity there will bee in the other way with that 84 Rods of marsh which is by Richard Tharlayes bridg withall the un- euen ground in the necke betweene the two Rivers which is intol- lerable for a way for the country in our account, And wee do thinke
248
IPSWICH QUARTERLY COURT
[Sept.
Isaiiah Wood was released of his bond, no one appearing to prose- cute.
John Leigh was released of his bond.
John Pindar fined 5li. for cutting a mare. Part of the fine respitted .*
if the Country did know the difference of these two wayes they would willingly be at some charge for the neerest, and it may bee wee may yeild to be at some charge if this way may be attained, but wee cannot bee willing to be at any charge for the other, if we can any way auoyd it, for wee do know the charge will extraordi- nary, and wee conceiue the Euenest dryest and neerest is most fit- test for the country way both for Cart horse and man.
" Concerning what was done at Rowly.
" Goodman Peirson brought a writeing unto us to Newbury to haue us sett our hands unto, but we all three refused so to do, be- cause wee could not owne some things which was written intending to discourse together about it.
" And for the first measureing of the way wee do say it was un- equally done."
Thomas Burnumt of Ipswich testified that being desired by some of his Rowley neighbors to view the way asked for by Newbury, and Rowley men being desirous of having the way a little higher near Thuril's house, he reported the difference in cost as follows : " In the lower plase which newbery men desier the way In two creeks the least I compare with that where thurils bridge stood and the bigest creek is as I remember eaght Rods over at low watter and a great part of it very deep and very bad In the bottom : In so much that were ther a nesesity of a brige ther and I to buld any consideraible share of it and to warant the standing of it any con- siderable time I should Rather pay my share to the brig after the Rate of 300 hundred pounds : then to labor In the bulding of it and stand bound for a brige ther after the sam Rate."
*Samuell Graves, aged about thirty-eight years, testified that John Pinder, jr., told him and one of his children that he wished deponent's house and all he had would burn, and that his father wished so too. Deponent found a match lying near the groundsel of his barn with the burned end touching the hay, and he had often told said Pinder of his naughty tricks and he would reply " You lye, Graves." Deponent had also heard him go along the street muttering and threatening his children, hogs and fowls, saying that he would knock them in the head. Said Graves had several fowls knocked in the head, lying in Pinder's yard, his pigs wounded and a shoat of three quarters old stabbed with a pitch- fork. Deponent had often told Pinder's father of his tricks, +Autograph.
249
RECORDS AND FILES
1660]
Henry Bachelour fined 5li. for absence from meeting on twenty Lord's days.
Theophilus Willson was allowed 51s.
Will of Humphry Reynour was proved, and inventory received.
George Bonfield bound in 57s. for the release of Georg Dymond from prison.
Five shillings were ordered to be given to the house.
COURT HELD AT SALEM, 27: 9: 1660.
Judges : Worshipfull Mr. Symond Bradstreete, Mr. Samll. Sy- monds, Major Generall Danyell Denison ; Asosiat, Major William Hathorne.
but he would not believe it, and also had heard him use the devil in his mouth often times; deponent's wife had heard him speak profanely and take God's name in vain in such words as were not fit to be spoken. Sworn in court, 14 : 7: 1660, before Robert Lord,* cleric.
Samuell V- deposed that John Pindar repeated to him what Thomas Wilson would testify against him, and denied that he said what Wilson claimed. Pinder told him that he did say if Tho. Wilsones mare was in the place where the other was, he could cut her, etc. Sworn in Ipswich court, 27: 1: 1660, before Robert Lord,* clerk.
Thomas Jones complained against Elner Jackson for calling him names, and his children " bastards and tallafast quene and Tinck- kers trull and Puncke and stue ;" also for fighting and pulling him by the hair of the head, and when he reproved her for swearing, sho told him he lied. She further told him to get out of her house and when he did so, she gave him a box on the ear. Ruth Jones and Mary Somes testified to the substance of the foregoing. Sworn, July 26, 1660, before Samuel Symonds .*
William (his mark) Vinsonn deposed, 24 : 5 : 1660, at Gloster, that whereas he understood that Goodman Jones intended to com- plain against Goodie Jackson for some offences, he talked with the parties and found that said Jackson was willing to give satisfac- tion. But said Jones would not accept it, unless she would go and acknowledge what he laid to her charge publicly on the Lord's day in the meeting house. The discourse occurred in Goodie Jackson's house, and deponent testified that, as far as he could learn, Good- man Jones was more at fault than she. Deponent's wife was able to testify as much or more.
John - deposed that he added the figures and the amount was thirty pounds, which was due from Whittacre to John Godfry, etc.
*Autograph.
250
SALEM QUARTERLY COURT
[Nov.
Grand jury : Nathanll. Felton, Henry Skerry, Henry Herrick, John Neale, Samll. Ebborne, John Deacon, John Devorix, Nicho. Vinson, Phineas Fisk, Hugh Burt, Mr. Thadeus Redding, Mr. Adam Haukes, William Meriam and Mr. William Steevens.
Jury of trials : Mr. John Gardner, Thomas Putnam, Elias Mason, Isaack Williams, Thomas Robbins, Richard Hutten, Ensigne Fuller, Mr. John Hathorne, Robert Burges, Allen Bread, jr., Theophilus Bayle and James Stevens ; and Jon. West upon Jon. Hathorn's action.
Civil cases :-
Mr. Edmond Batter v. Frances Usslton. Debt. Verdict for plaintiff. The defendant being not in this jurisdiction, judgment respitted .*
Mr. John Payne v. Frances Usselton. Debt. Verdict for plain- tiff. Judgment respitted. ;
John Godfery v. Thomas Perry. Debt. Plaintiff took his oath in court that he left a summons with the defendant eight days before the court.
*Writ : Mr. Edmond Batter v. Frances Uslenton of Topsfield ; debt ; dated, Oct. 11, 1660; signed by Hillyard Veren,§ for the court ; and served by Tho. Rix,§ whom Samuell Archer, § marshal of Salem, appointed as his deputy, by attachment of the house and land of defendant in Topsfeild.
Jno. Godfery, aged about forty years, testified that, having dis- course with Franc. Urslington about the land he lived upon in Topsfield, which was mortgaged to said Godfery, he acknowledged that he owed Mr. Batter about twenty pounds. This was sometime the latter end of the last summer. Sworn in court, 27 : 9: 1660, before Hillyard Veren,§ cleric.
Ed. Batter's bill of charges, 1li. 16s.
iWrit : Mr. Robert or John Paine of Ipswich v. Francis Ussel- ton ; debt; dated, 17: 9: 1660; signed by Daniel Denison,§ for the court ; and served by Robert Lord,§ marshal of Ipswich, by attachment of house and land.
Bond of Francis (his mark) Urselton of Topsfild to Mr. Robert Paine or John Paine, his son, dated, Feb. 28, 1659-60, for five pounds to be paid in beef, pork or wheat, on Oct. 28, 1660, at the dwelling house of said Robert Paine. Wit : Robert Payne, jr., § and Elisabeth Payne.§ Sworn by the witnesses, 9: 26: 1660, be- fore Daniel Denison.§
¿John Godfry's bill of costs, 1li. Ss.
§Autograph.
251
RECORDS AND FILES
1660]
John Codner v. John Northy. For swearing he would turn his boat adrift, which, if he should, would be to the plaintiff's undo- ing. Withdrawn .*
Mr. John Croad, formerly known by the name of John Hughson v. Mr. Tho. Brattle, Will. Bartholmew and Antipas Boyce, the at- torneys of the trustees of the estate of Mr. Peeter Cole, late of London, and Richard Cooke and Walter Price, trustees to Mr. Tho. Broughton. Two cases. Debt of 500li., and another of 2000li. For several disbursements in the management of the said estate, according to an attachment, dated, 13: 9: 1660.+
Roger Hanscall, attorney of Eunice Porter v. Osman Trask. For said Eunice's dowry, which was one-third part of houses and lands sold to the said Osman by her husband, Jonathan Porter, with all due damages according to attachment, dated, 22: 9: 1660. Ver- dict for plaintiff. #
*Writ: John Codnor v. John Northy; for swearing that he would turn plaintiff's boat adrift; dated, 22: 9: 1660; signed by Francis Johnson, § for the court ; and served by Joseph Dallabar, § constable of Marblehead.
+Writ : Mr. John Croad, formerly known by the name of John Hughson v. Estate formerly belonging to Mr. Peeter Cole of Lon- don, deceased, and Mr. Thomas Broughton of Boston, merchants, and now in the hands of Thomas Bratle, William Barthollmew and Antipas Boyce, trustees in London of said Peeter Cole, and Richard Cooke and Walter Price, trustees of the said Thomas Broughton ; debt of 2000li. and another of 500li .; dated, 13: 9: 1660; signed by Hillyard Veren,§ for the court; and served by Tristram Coffin, § whom Samuell Archard, § marshal, appointed his deputy, by attachment of one-half of a saw mill in Pucattaque river at Quamphegon, on Dover side, with the logs, boards, etc., their interest in a saw mill on Kitterie side at Quamphegon, to- gether with all lands and fallen timber at Sturgon creek, and the warehouse at Doctor's Illand in Puscattaque river.
¿Christopher Waller deposed that going to the house of Jona- than Porter, he asked Eunice, wife of Jonathan, if they had sold their house and land to Osmand Traske and she said they had, etc.
Edmond Grover deposed that he was a near neighbor to Jonathan Porter, and Eunice Porter manifested more willingness to sell than did her husband.
Roger Conant testified that he wrote the agreement between said Porter and Trask, and they were deliberating three hours, during
§Autograph.
252
SALEM QUARTERLY COURT
[Nov.
Roger Hascall, as attorney for widow Eunice Porter, gave bond for payment of charges in the foregoing action.
Cornelius Waldoe v. Frances Usselton. For assaulting him upon the highway, putting him in fear and saying he had stolen his hogs, pretending he was the constable's deputy and had a special warrant, according to attachment, dated, 9 : 8: 1660. Verdict for plaintiff .*
all of which time Porter's wife was present and furthered the sale. Not a word or syllable passed her mouth concerning hex thirds.
Ellin, wife of John Stone, sr., testified that she talked with Eunice Porter about the sale and she said nothing about her thirds, etc.
The foregoing depositions sworn in court, before Hillyard Ve- ren, ¡ cleric.
Eunice (her mark) Porter,¿ widow of Jonathan Porter of Hunt- ington, on Long Island, on June 19, 1660, appointed Roger Has- koll of Salem her attorney. Attested by Jonas Wood and Thomas Bennydick,¡ magistrates, and Thomas Skidmore, t notary.
John King testified that he brought the letter of attorney from Eunice Porter of Long Island to Roger Hascall in Salem. Sworn in court, 27 : 9 : 1660, before Hillard Veren,t cleric.
Bill of charges, 17s. 3d.
Writ, dated, Nov. 22, 1660, signed by Tho. Fiske,f for the court, and served by Edward Bishop,t constable of Bass river. Bond of Osmond (his mark) Trask. Wit : Roger Conant; and Edward Byshop. t
*Writ, dated Oct. 9, 1660, signed by Robert Lord, f for the court, and served by Robert Lord, t marshal.
Francis (his mark) Urssellton's bond to Cornelius Waldo, dated, Oct. 10, 1660, for appearance at next Salem court.
Cornelius Waldo's bill of costs, 6s. 6d.
Nath. Putman was attorney to Francis Ursselton.
Robert Dayt and Theophilus Wilson, constables of Ipeswig, testified, 26: 9: 1660, that they did not make Franses Uselton of Topsfeild their deputy to take Corneales Woldo.
Robert Punell, aged about twenty years, deposed that being at Daniell Warner's house on Oct. 8, he heard Mr. Waldo cry out for help about midnight. Deponent ran out with others, and he heard Frances Ursselton say that he had taken Mr. Waldo prisoner, that he apprehended him for a thief because he had stolen his sow and pigs and sold them in the town. Mr. Waldo bade him go for the constable, and Urselton replied that he had a special warrant for
tAutograph.
#Seal.
253
RECORDS AND FILES
1660]
Joseph Armitage v. Tho. Looke. Debt. For wheeling in 900 cords of wood. The defendant, being called three times, forfeited his bond for appearance to the value of thirty pounds .*
Mr. Philip Cromwell v. Mr. John Ruck. For 201i. damage. In not giving possession of a parcel of land called a farm, to said Cromwell, by deed of sale. Verdict for plaintiff. Appealed to the Court of Assistants. Mr. John Ruck and Thomas Robbins bound for said Ruck's appearance. t
him. Deponent further testified that when he first came out of the house, he saw said Ursselton hold Mr. Waldo's horse by the bridle, and when the latter went away to go home, he ran after said Waldo and caught him by the leg. Sworn, 26: 9: 1660, be- fore Daniel Denison .¿
Samuell Lord, aged about twenty years, deposed that Mr. Waldo desired of Goodman Warner, on the night of the trouble, if he could have a room in his house, for he was afraid to venture with Ursselton, but a while after, Mr. Waldo said he would go home, and Ursellton said he would go with him. Waldo rode away toward the river, followed by Ursselton, and called out for help, turning his horse toward the bridge. Sworn, 26: 9: 1660, before Daniel Denison.#
Daniell Warner, jr., deposed that being up late in his father's house, somebody called, and he and many others who were present went out and found Mr. Waldo, etc. Uselton refused to read the warrant before deponent's father. Sworn, 26: 9: 1660, before Daniel Denison.į
*Writ, dated, 17 : 9 : 1660, signed by William Longley,¿ for the court, and served by Jonathan Hudson, ¿ constable of Line, by at- tachment of 90li. in the hands of Mr. Oliver Purchas.
+Writ, dated, 21: 9: 1660, signed by Hillyard Veren, # for the court, and served by Samuell Archarde,¿ marshal of Salem.
Philip Crumwell's demand in the action against John Rucke : Damage for not having my bargain, 20li. ; for damage in repaying of 14li. back unto Rich. Hollinworth in takeing of oussenbridge in the rome of silver and other good goods, 3li .; charges at Salem court, 2li. 7s. 7d. ; charges at Boston court to John Rucke, 2li., etc.
Writ : Mr. Phillip Cromwell v. Mr. John Ruck; for withholding possession of one hundred acres bought of plaintiff ; dated, Apr. 2, 1660 ; signed by Hilliard Veren for the court ; and served by Samll. Archard, marshal, by attachment of said land. Copy made by Hillyard Veren, ¿ cleric.
Copy of verdict in the foregoing case, in Salem court, 26: 4: 1660, made by Hillyard Veren,¿ cleric.
¿Autograph.
254
SALEM QUARTERLY COURT
[Nov.
John Hathorne, assignee of Richard Waite v. George Halsell. For forfeiture of a bond for non-appearance at a commissioner's court held at Salem, being legally summoned. Verdict for plaintiff .*
William Story v. Edward Bragg. For withholding one parcel of his land without any right, it being part of the farm which plaintiff bought of Henry Archer.
The wife of Gabrill Skinner fined, upon her presentment, for being disguised with drink and being found in a very unseemly manner. She confessed.t
Mr. William Norton, attorney of Mr. Emanuell Downing v. Phillip Fowler and Mary, his wife, executrix of the estate of her late husband, George Norton. Debt. For rent which was due from her late husband, and herself, while she was a widow. Nonsuited.#
Copy of depositions of Richard Hucheson, Thomas Hale, Thomas Cromwell, Thomas Barnes, Joseph Hucheson and John Putnam, given into Salem court, 26: 4: 1660, made by Hillyard Veren, § cleric.
*Writ : John Hawthorn v. Georg Halsell, for appearance at next commissioner's court in Salem ; dated, 20: 5: 1660; signed by Jonath. Negus, § for the court ; and served by Rich. Wayte,§ marshall of Suffolk. George Halsell's§ bond, dated, 20: 5: 1660. On 13: 9: 1660, Rich. Waytes assigned this bond to John Hawthorn.
John Hathorn's bill of cost, amounting to 1li. 1s. 8d., was allowed by the court as part of the bond of 9li. that was forfeited. Attested by Hilliard Veren, § cleric.
Writ: John Hawthorn, assignee of Richard Waite v. Georg Halsall ; forfeiture of a bond of nine pounds ; dated, 13: 9: 1660; signed by Jonath. Negus,§ for the court; and served by Rich. Wayte,§ marshal, by attachment of a great gun belonging to defen- dant.
Copy of the record of the meeting of the commissioners of Salem, 6 : 6 : 1660, when the bond was declared forfeited, made by Edmond Batter, § commissioners' clerk.
+Marblehead presentment. Wit : Timothy Lang, Jno. Northey and Thomas Bowing. Summons, dated, 10: 9: 1660, served by Joseph Dallaber, § constable of Marblehead.
Venire to constable of Marblehead, 10 : 9 : 1660, signed by Hill- yard Veren, § cleric.
#Writ, dated, Nov. 22, 1660, signed by Robert Lord,§ for the court, and served by Robert Lord,§ marshal of Ipswich.
§Autograph.
255
RECORDS AND FILES
1660]
Mr. Cornelius Waldoe was ordered to have charges in the action of Frances Usselton against him, the latter not appearing to prosecute .*
Arthur Sandy's license was renewed for one year.
William Nick sworn constable of Marbleheade and Jon. Folland, constable of Wenham, for the year ensuing.
John Andrewes v. Robert Skinner. Debt.+
Mr. George Corwin was appointed administrator of the estates of Roger Tucker, Walter Butcher and Thomas Smith, all deceased, and ordered to bring in inventories to the next Salem court.
Robert Skinner acknowledged judgment to Mr. John Hathorne.
Frances Ussellton forfeited his bond for non-appearance in his case against Cornelius Waldoe.
Roger Preston was allowed to keep an ordinary and to sell strong liquors for the entertainment of strangers the ensuing year.
Edward Bishop, constable of Salem, was allowed a bill of 13s. in Georg Dimon's case, said Dimon to pay it.
Rauph Ayres fined, upon his presentment, for being disguised with drink. He confessed and Mr. George Corwin promised to pay the fine.
Mr. Danyell Epps sworn freeman.
William Perkins, aged between nineteen and twenty years, Tobias Perkins, aged about fourteen years, and Elizabeth Perkins, aged about seventeen years, all children of Mr. William Perkins of Topsfeild, chose their father to be their guardian, and the court allowed it.
*Francis Usselton complained that Cornelius Waldo had taken a sow of his and killed her, and disposed of eight pigs of his with- out his knowledge or order. Usselton claimed he bought them of said Waldo. Both were bound to the next Salem court. Copy of record of the court of Oct. 9, 1660, made on Nov. 26, 1660, by Daniel Denison.§
*" This wittneseth that I Robert Skiner haue sold to John An- drewes of Ipswich six barells of makerell which is now at the Cape or at annisquam to be delivered to John Andrewes or his asings by mathy Coe : at 20 shillings per barrell which is six pounds, this 26th 8 month 1657 by me." Robert (his mark) Skiner. Wit : Hen- ery (his mark) Pinder and Edward (his mark) Hikkocks.
Robert Skiner's charges, 1li. 11s. 6d.
¿Ralph Heires, of Marblehead, presented. Wit : Joseph Dollyver and John Cowman.
§Autograph.
256
SALEM QUARTERLY COURT
[Nov.
Court ordered the clerk to summon parties mentioned in a case brought into last Salem court by Lyn persons, to appear at the next Salem court, together with witnesses.
Elizabeth Nicholson was appointed administratrix of the estate of her late husband, Edmond Nicholson, deceased. An inventory* was brought in, amounting to 150li., and debts, 54li. 4s., which were allowed. Court ordered the estate to be divided as follows : To Christopher, Joseph, Samuell, John, Thomas and Elizabeth, all of the children, ten pounds each, when they reach the age of twenty-one years or are married with their mother's consent; if more debts were brought in, such debts were to be paid before these portions were divided, and if any of the children died, his portion was to be divided among the surviving children.
Eunice, widow of Jonathan Porter, having by her attorney, Roger Hascall, commenced suit against Osman Trask, for the recovery of her thirds in some housing and land that her said husband formerly sold to said Osmand Trask, and having received judgment in her favor, the court appointed Major William Hathorne, William Dodg and Jeffry Massy, commissioners, to bound out her thirds, now in said Trask's possession.
John Peerce, constable of Gloster, fined for professing that he
*Inventory of the estate of Edmond Nicolson of Marblehead, deceased, taken 22 : 9: 1660, by Moses Mavericke, William Nicke and John Legg : Dwelling house, with outhouses and land, 55li .; a Boat fit to goe to Sea with her moreing and Cannoe and other Coardage, 56li. 15s .; One Cow with the Hay, 5li .; one Bed with Bolster, Pillowes, Rug and Blanketts, 3li. ; 9 yards of Ticking, 1li. 10s. ; sheetts and pillobers, 1li. 3s. 6d. ; a peice of white kersie, 1li. 2s. ; wearing apparell, 3li. 17s. ; 2 Ruggs, 3li. 5s .; 2 pr. of Blanketts, 2li. 10s. ; one Bolster and 2 Pillowes, 1li. 18s .; one chest and Box, 10s. ; one fowling piece and 3 axes, 1li. 7s .; one sword, 5s. ; one Iron pott, 2 Iron kettles, 1li. 5s. ; 3 Brasse Kettles and 2 Scilletts, 2li. 18s. ; pewter, 1li. 2s .; earthern ware, wooden and Lattin ware, 1li. 9s .; 3 wheeles, 10s .; Lome, sleies, wheele, with Barrle and other Lumber, 3li. 19s .; an old Road with two Bedsteeds, 1li. 15s .; total, 150li. Sworn to by Elizabeth Nicolson, the widow, 28 : 9 : 1660, before Hilliard Veren, ¡ cleric. There were debts to sev- eral persons, amounting to 54li. 4s. The children were Christopher, aged twenty-two years, Joseph, aged twenty years, Samuell, aged sixteen years, John, aged fourteen years, Elizabeth, aged eleven years, and Thomas, aged seven years.
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