USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 29
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Mr. Dummer's bill of costs, 1li. 3d.
Corpall. John Whipple and Robert Lord deposed concerning the arbitration, etc. Sworn in court.
*Writ, dated, Mar. 16, 1660, signed by Robert Lord,t for the court, and served by Robert Lord,t marshal, by attachment of a parcel of land of the widow Quillter.
William Buckley's bill of costs, 20s. 10d.
Thomas Kemball, aged about twenty-six years, deposed that he was at William Buckly's house and heard the latter and Mr. Crosby talking as to whether Joseph Queltor should go to Rouly. Goody Quelter was present and desired that he should rather go with her to her own house that she might look after him herself.
Temothy Johnsonn, aged about seventeen years, deposed that he lived in the house with Joseph Quelter and heard the latter's mother
+Autograph.
276
IPSWICH QUARTERLY COURT
[Mar.
Robert Dutch v. Shoreborne Willson. Assault and battery. For abusing his wife in his own house, throwing her down, striking her and abusing her with his tongue, and also for abusing her children. Withdrawn.
Copy of Salem court record of 27 : 9: 1660, Mr. Edmond Batter v. Frances Ursellton. Debt. Defendant was not of this jurisdic- tion and judgment respitted. Copy made by Hilyard Veren, clerk. This court granted judgment to Mr. Edmond Batter, who bound himself to repay, if Frances Ursellton came within the year.
complain that she was very weary and spent with going so often to his house to look after her son, it being so far, and desired that he go to her house, etc.
Thamer Quilter's petition to the Ipswich court : Thamar Quilter, " being a poore | widdow | and haueing an only sonn left me by my Husband being desirous he might have a trade was willing to put him apprentice for that end, unto William Buckley of Ipswich who hath kept him, while he was serviceable (tho not Impued him to the trade as he ought to haue done) but when by pvidence It fell out soe that he was made unserviceable to him, as he expressed himselfe soe to apprehend him ; after I had beene helpfull to him at his house about three weeke untill I fell soe Ill that I could not longer tend him, In wch tyme I observed his master to be soe harsh to him (tho the boy as is well knowne was in great extremy- tye) that greeved me to the harte who as was aprhended (by some of good account in Towne) to be in great danger of his very life, by reason of the coldnes of the Roome and bad lookeing unto, & he sayeing to some he could not keepe him brought him my sayd sonn in a tumbrill to my house & there left him, not Inquireing of me whether I would receive him, and Indeed upon some considdera- tions I was unwilling, yet being left in my house (tho : at that time very ill) had a mothers bowell yerneing toward my child, & did not turne him backe ; feareing | he | might perish, and after he had left him did take such care of him as that in all his extremyty neither did come to see him or sent to see how how he did | nor brought or sent any thing to releeue him | about ten weekes, but when he heard he was mending then came to demand him severall times, but never tendering | anything in | satisfaction for the charge & paynes I had been at with him & his legg not being well I much feared if he returned, it myght soone be as bad as before, men of skill alsoe thinkeing to sitt to his trade by reson of humors falling downe it would not be for his health, And our Eldars being together could not pswad him (from sueing) to refer the case to Indiferent men." She also declared that Buckley had broken his covenant by not teaching him the trade and by returning him to her.
277
RECORDS AND FILES
1661]
Nicolas Marble v. Corpall. John Andrews. Debt.
John Godfry v. Abraham Whittaker. For not delivering a pair of oxen about three years since, according to agreement. Nonsuited .*
John Godfry v. Abraham Whitaker. Debt. For twenty-six bushels of wheat. Nonsuited. t
John Godfry v. Edward Clarke. Debt. For several parcels of cloth he had of plaintiff. Nonsuited.#
Joseph Armitage v. Thomas Looke. Debt. Due by bond, as- signed by Jonathan Hudson.§
*Abraham Whiteckers bill of costs, 15s.
Edward Yeamons of Haverill testified that about three years since, he heard Abraham Whitaker promise John Godfry a pair of oxen, to be delivered within three weeks, and that they were due to said Godfrey for debt. Sworn, 22: 1: 1660, before Simon Bradstreet.|
Job Tiler, aged about forty years, and Moses Tiler, aged about nineteen years, deposed the same as the foregoing. Sworn, Jan. 15, 1660, before Daniel Denison. |
Goodwife Tyler of Andover, aged about forty years, deposed the same. Sworn, 26: 12 : 1660, before Simon Bradstreet. |
Abraham Whiticker's bill of costs, 17s. 6d.
+Summons to Job Tyler to appear in this case, dated, Mar. 17, 1660, and signed by Edward Fawkner, || for the court.
John (his mark) Godfrey of Andover acquitted Abraham Whiti- cher and his sureties on 5: 9 : 1659, as follows :- For pay for a yoke of oxen, which were granted to said Godfrey by judgment of the Ipswich court in the spring of 1657 ; concerning the second and third payments for the yoke of oxen, Heenry Palmer and Abraham Whitacker were acquitted ; concerning thirty-one bushels of wheat granted by judgment of Salem court against said Whiticker and his surety, Edward Clark ; concerning five bushels of wheat, which was on the back side of a bond that Hugh Sharret was surety for, etc. Wit: Jno. Viall| and John Ferniside, | who were sworn at Boston, Sept. 28, 1660, before Thomos Danforth. ||
įEdward Clark's bill of cost, taking the case out of Haverell court, etc., 21s.
§Copy of Salem court record of 27 : 9: 1660, in which Thomas Looke, defendant, forfeited his bond for non-appearance, in an action brought by Joseph Armitage, for debt, for wheeling nine hundred cords of wood, etc. Copy made by Hillyard Veren, | cleric.
Writ : Joseph Armitage v. Thomas Looke; debt due by bond, assigned by Jonathan Hudson, constable; dated, Jan. 14, 1660; || Autograph.
278
IPSWICH QUARTERLY COURT
[Mar.
Mr. John Baker v. Edward Colcord. Debt. Defaulted.
. Corpall. John Andrews v. Edward Colcord. Debt. Defaulted.
Oliver Purchase v. Thomas Looke. Breach of covenant. Non- suited.
Capt. William Gerish was sworn commissioner to end small causes at Newbury.
Major Willm. Hathorne and Mr. Edmond Batter were sworn commissioners for Salem.
Daniell Perce had his fine abated [for not appearing to serve on the grand jury .- Waste Book.].
Mr. John Gedny, administrator of the estate of Samuell Cur- withy, was discharged, having settled the estate according to the inventory.
Thomas Jones, sr. of Gloster was freed from ordinary training, paying 5s. yearly for the use of the company.
Corpall. John Andrews acknowledged judgment to Humphry Griffen.
Maximillian Jewett renounced his executorship to the will of Mr. Joseph Jewett.
Stephen Swett of Newbury was granted a license to keep an ordinary and draw wine and liquors for a year.
Mr. Baker of Ipswich had his license renewed for one year.
William Law of Rowley had his license renewed to keep an ordinary and draw wine and liquors for one year.
Richard Fitt of Newbury was released from ordinary training, paying 6s. yearly for the use of the company.
John Palmer and John Johnson of Rowly and Cornelious Waldo of Ipswich were made free.
Nehemyah Jewett, son of Joseph Jewett, chose John Pickard for his guardian, and it was allowed by the court. Said Pickard was bound in 300li.
signed by William Longley,* for the court ; and served by Jonathan Hudson,* constable of Line,"by attachment of defendant's estate in the hands of Mr. Parchis, and his dwelling house.
Bond of Thomas (his mark) Looke of Lyn to Jonathan Hudson, constable of Lyn, dated, Nov. 21, 1660, for his appearance at the next Salem court. Wit: Joseph Jencks .* Jonathan Hudson,* constable of Line, on Nov. 29, 1660, assigned this bond to Joseph Armitage.
*Autograph.
279
RECORDS AND FILES
1661]
Copy of Salem court record of 27 : 9: 1660, Mr. John Payne v. Frances Ursellton. Debt. Defendant was not of this jurisdiction and judgment respitted. Copy made by Hillyard Veren, clerk. This court granted judgment to Mr. John Paine, etc.
According to law, John Godfry, upon a half entry, was allowed to proceed in an action in which he was nonsuited.
John Godfry v. Abraham Whitaker. For not delivering a pair of oxen about three years since, according to promise. Jury found for defendant.
James Jackman of Newbury and Sam Pod were freed from training, paying 6s. yearly to the use of the company.
Richard Kent of Newbury and Richard Thurill were released from ordinary training, paying 8s. yearly to the use of the company.
Nicolas Marble of Ipswich was released from ordinary training, paying 3s. yearly to the use of the company.
Will. Tenny, constable of Rowley, was allowed 12s. for " hue & cryes."
Daniell Clarke, constable of Topsfield, was allowed 14s. for " hue & cryes."
William Binglye was ordered to be whipped for fornication.
Patience Jewett chose Mr. John Carlton as her guardian, and the court allowed it. Said Carlton bound himself for a true account of his sister Patience Jewett's portion.
Thomas Wheelar and Andrew Mansfield certified that Edward Richards appealed to this court from the commissioners of Lynn, and did not prosecute.
Isaiiah Wood, complained of for shooting a dog and other mis- demeanors, was ordered to be whipped or pay a fine of three pounds. He choose to pay the fine and was bound to good beha- vior. Sureties : Symon Tompson and Abraham Fitt .*
*John Leigh, jr., deposed that one night, being about to shut up his father's cattle, and there being some of Esay Wood's cattle among them, he endeavored to separate them, and therefore set a little dog upon them. Said Wood, seeing the dog, ran presently into his house and brought out his gun, which deponent thought at first was a great stick until he saw him about to cock it. Then deponent saw what it was and ran to save himself and standing behind a post, he saw him shoot immediately, being in great dan- ger of the shot which grounded by him. He shot the dog, and upon deponent's mother and himself asking why he did so, he took
280
IPSWICH QUARTERLY COURT
[May
Shoreborne Willson, complained of for abusive carriages, and striking the wife of Robert Dutch, was fined and bound to good behavior. Part of the fine respitted until the next court.
John Perly, complained of by Tho. Poore of Andover, upon suspicion of felony for taking his mare, was bound to good behavior for appearance at next Ipswich court, and ordered to pay costs to Tho. Poore. Sureties : John Baker, sr., and John Kimball.
Richard Hutton and Thomas Baker were fined, upon their pre- sentments, for smoking tobacco in the street on the Sabbath day.
Mr. Ezekiell Rogers and his wife were fined, upon their present- ment. Respitted until the next March.
Mr. Willson, prison keeper, allowed 3li. 7s. for his salary and for " hue & cryes."
Selectmen of Ipswich gave notice to Daniel Grasier and John Morill, Irishmen, that they were not willing to receive them as inhabitants, and they not removing, complaint was made to this court. Matter was referred to the next court.
John Pindar was released from ordinary training, paying 5s. yearly to the use of the company.
Moses Pengry had his license renewed to keep an ordinary and draw wine and liquors.
Mr. Robert Payne, treasurer, brought in his account, and it was accepted.
Five shillings were given to the house.
[William Odry died intestate, and administration on his estate was granted to Mr. George Corwin and Mr. Edmund Batter, who were ordered to bring in an inventory .- Waste Book.]
COURT HELD AT IPSWICH, May 2, 1661, BY ADJOURNMENT.
John Sorlar of Wennam was licensed to keep an ordinary and to draw wine and liquors.
Cornelious Waldo was released from being a trooper, paying 6s. 8d. yearly to the use of the foot company.
up a stick, shook it at them and went his way. The next morning, said Wood asked if the dog were dead, and deponent answered no, but he thought he would die. Wood bade Leigh to be content with that, for the next would be worse. Deponent further said that his father had often been abused, sometimes having his cart thrown over, his cart rope cut into small pieces and his cattle turned loose in the barn in the night when there was corn on the floor. Sworn in Ipswich court.
281
RECORDS AND FILES
1661]
Elizabeth, wife of William Bingly, upon her presentment for fornication, was ordered to be severely whipped.
Mr. John Carlton was discharged of his presentment, it being not proved.
Abner Ordway, upon his presentment for theft, was ordered to sit one hour in the stocks, and pay costs.
William Nelson, upon his presentment for drunkenness, was fined.
Upon Henry Bachelour's presentment, it was ordered that the matter be referred to the General Court for power for the town to dispose of him and his farm, in order that he might live in the town, enjoy his estate and the public worship of God.
Richard Carr, upon his presentment for taking tobacco in the street, was fined.
John Powlan was allowed costs in the case of Mr. Thomas Pellam and Sarah Kellam.
Nathaniell Tredwell and Mr. Crosbye, upon their presentments for smoking a tobacco pipe in the street, were fined.
Mathew Moore, upon his presentment, was admonished.
Daniell Ringe of Ipswich was licensed to keep an ordinary, but not to draw beer above a penny a quart, and to provide meat for men and cattle.
Town of Ipswich, upon the presentment for the bridge being defective, was discharged, it being since mended.
Edmond Bridges was released from training, except twice a year.
Joseph Medcalfe, upon his own request, and promising to be more wary for time to come, had his sentence of Mar. 27, 1660, revoked.
COURT HELD AT SALEM, 25: 4: 1661.
Judges : The Worshipfull Mr. Symond Bradstreet, Mr. Samuell Symonds, Major Generall Danyll. Denison and Major William Hathorn, assistant.
Jury of trials : Jeffery Massey, John Gardner, Joseph Gardner, John Ruck, John Putnam, John Rayment, John Pickerin, Capt. Tho. Marshall, Nathall. Hanford, John Witt, Robert Gowing and Clement Coldum.
Grand jury : Natha. Felton, Henry Skerry, Henry Herrick, John Neale, Samll. Eborne, John Deacon, John Devorix, Nicho.
282
SALEM QUARTERLY COURT
[June
Vincent, Phineas Fisk, Hewgh Burt, Thaddeus Redding, Adam Haukes, William Meriam and William Steevens. In the place of Jon. Putnam, Oliver Purchass. In the place of Jon. Gardner, Tho. Marshall, in some actions.
Mr. Georg Emory v. John Norman, sr. For not finishing a house according to agreement. The attachment, with other evidence produced in the case, was read, committed to the jury and placed on file. Verdict for plaintiff, 5li. damages, and 5li. more if the whole work according to agreement be not finished in two months' time .*
*Writ: Mr. George Emorye v. John Norman, sr .; for not fin- ishing a house according to agreement; dated, June 2, 1661; signed by Hillyard Veren, t for the court; and served by Samuell Archard,t marshal of Salem.
George Emry's bill of charge, 1s.
Mr. John Geedney and Mr. Phillip Cromwell deposed, 22: 1: 1660-61, that some time the past summer, John Norman and Mr. Emery of Salem made an agreement by which said Norman was to set up a gable end upon the old part of Mr. Emery's house, shin- gle the east side of the house and set up weather boards, Mr. Emery providing them, for which, with work done before, said Norman was to have a young ambling mare and her colt, if she had any, etc. Sworn before Wm. Hathorne.t
Agreement, dated, 14 : 6 : 1658, between Mr. Gorge Emery of Salem and John Norman of Manchester, house carpenter : The latter was to build a porch, 7 feet, 4 inches stud, 8 foot of frame, braced and tenneted into the stud, jutted over 14 inches three ways and to cover it, shingle the gutters, make one window and door, and stairs into both chambers, make one gable end eleven foot broad and to cover it and shingle the gutters and a clear story window for the gable end and a stool window according to the lower window, three floors of boards in the new room and three floors of boards in the porch, and make three doors, and to have all completed within two months from date ; and to find boards and clapboards to finish the work ; for which Norman was to receive 12li. and a gray mare going on two years old, appraised at 12li., or the saddle mare at 16li. Signed by George Emeryt and John Norman.t Wit : John Beckett.t
John Norman's account of work done for Mr. Emery : For bullding of a porcht, 6li. 10s .; 2000 of bowrds and working of them, 8li .; 250 clapbowrd and working of them, 1li. 10s .; 6000 of shingells & laying of them, 6li. 12s. ; seting up of a Gabellend, 1li. 10s .; making of 3 windowes, 1li .; makeing of 3 dowers, 5s .; makeing of a pare of stayers & layin of them, 10s .: total, 25li. 17s.
tAutograph.
€
283
RECORDS AND FILES
1661]
John Norman v. Mr. George Emorye. For not paying for work done by him, etc. Verdict for defendant .*
John Hathorne v. Samll. Eldridg. For withholding a cow from plaintiff or not giving account of the said cow to Mr. Edward Layne. Verdict for defendant.t
" The work that was donn abouesd writeing yet was at my owne cost and charg to bring yet to Place as allso yet is my desyere that this honered Cowrt wold be Pleased to take notiyes Consering the Pay mentioned in the Coueneant which was a gray mare at such an agh that is to say 2 yere and the aduantadgh at 12" Price I was to receue her at which Mr Emerey sowld to John Ledg of maruell hed or elle my request is that my worke donne may bee Pryesd and that I may haue Pay acowrdinly as all so my desyere is that mistres Emerey may be exememined Consering wt she knowes abowt the bargen becawes I am loth to bring her forth in regard of her husband."
*Writ : John Norman, sr. v. Mr. George Emory ; for not making payment to said Norman according to agreement ; dated, June 6, 1661; signed by Hillyard Veren,# for the court; and served by Samuel Archard,# marshal.
William Brownet certified, 25: 4: 1661, that he paid to John Norman on 6 : 1 : 1659, for Mr. Emery, 3li. 20s.
Nathanell Carrill, aged twenty-three years, deposed that last year the ambling mare that he took up for John Norman had a colt, which was killed in a swamp near his master James'. Sworn, 25 : 1: 1661, before Wm. Hathorne.#
+Writ, dated, Apr. 10, 1661, signed by William Longley,¿ for the court, and served by Edward Richards,# whom Samuell Archard,# marshal, appointed his deputy.
Samuell Eldrid's bill of costs, signed by Willm. Hudson.}
Edward Richards deposed that when Mr. Hudson came to John Hathorne's house and demanded the bulls of deponent and said Hathorne, the latter asked him by what order he demanded them and Hudson replied that he bought them of Samuell Eldridg and had an order from him. Deponent asked to see it and he refused, but finally Will. Cotten persuaded him to read it, thus, " to Cor- porall Androwes deliuer my cattell that you wintered for mee unto Mr. Hudson." Said Hudson declared that he was not willing to read it because it was dated since the cattle were attached. Sworn in court.
Capt. Thomas Marshall testified that the second day after Mr. Hudson was at John Hathorne's to demand the bulls, Samuell Eldridg said that Mr. Hudson claimed that the cattle were too dear and that he must abate him four or five pounds, which he did. Sworn in court.
#Autograph.
284
SALEM QUARTERLY COURT
[June
John Hathorne v. Samll. Eldridg. Debt. Verdict for defen- dant.
Jonathan Hudson, constable of Lynn, aged about forty-four years, testified that Lieut. Hudson sent Jno. Viall to him to go down to John Hathorn's to replevin four bulls of Lieut. Hudson's which he bought of Sarjeant Eldred. Deponent demanded the bulls of Edward Richards, who said he was the marshal's deputy, but he refused to show them to him. Sworn, May 1, 1661, before Edw. Rawson, recorder. Copy made by Edw. Rawson,* recorder.
Wm. Cotton, aged about forty-eight years, deposed that he was at Lynn the thirteenth of the second month with Leiut. Wm. Hud- son, etc. John Viall deposed the same. Sworn in court, May 1, 1661, before Edward Rawson,* recorder. Copy made by Edw. Rawson,* recorder.
John Andrewes, aged about thirty-two years, deposed that Sam- uell Eldred put six young cattle to him to winter, four bulls and two heifers, and upon Apr. 12 last, Mr. John Hawthorne sent to his house Richard Hud and his boy, as Hud said, for these bulls, which deponent refused to deliver until he had an order from Samuell Eldrid. Presently Edward Richards and some others came and drove away the bulls, and as said Richards showed his power as deputy marshal, deponent could not prevent him. On Apr. 13, Leiut. Hudson came to see the cattle, saying he had bought the four bulls and one of the heifers of said Eldrid, etc. Sworn, May 1, 1661, before Edw. Rawson, recorder. Copy made by Edw. Raw- son,* recorder.
William Longley, aged about forty-seven years, testified that upon Apr. 13, he was at work in his lot at home, when Mr. Cotton and Mr. Viall came and asked him if he had granted an attach- ment upon any cattle that had been Samuell Eldridge's. Deponent said he did grant to Mr. Hawthorne attachments against said El- dridge, on Apr. 11. A short time after Mr. Viall came to his house and said that Leiut. Wm. Hudson desired him to meet him at Mr. Hawthorne's, and when he arrived, Hudson said, "Now Mr. Haw- thorne here is the Clarke of the writts, whether will you set him to work or shall I." Hawthorne said he would not, and Lt. Hud- son desired deponent to replevin four bulls of his that John Haw- thorne had attached, which was done, etc. Sworn in court, May 1, 1661. Copy made by Edward Rawson,* recorder.
Bill of sale, dated, 9 : 2 : 1661, Samuell Eldrid, now inhabitant at Rumney Marsh to William Hudson of Boston, for four heifers, three cows and four bulls. If the cattle were all alive and well where they were wintering, on 9 : 2: 1661, said Hudson was to run the hazard of them afterward, but if any were sick or wanting or infirm, said Eldred was to make them good. Signed by Samuell
*Autograph.
285
RECORDS AND FILES
1661]
Leift. Hudson appeared as attorney for said Eldridg in the two foregoing actions.
John Hathorne v. Edward Colcord. Debt. For not delivering 6,000 feet of board according to agreement. Defendant and his surety, Georg Halsell, forfeited their bond for appearance .*
John Hathorne v. Mr. William Bartholmew. Slander. For ac- cusing plaintiff of altering the attachments the clerk signed against Samll. Eldridg, in saying in open court at Boston that there was no marshal's deputy in said attachment, when the clerk of the writs signed them, according to attachment, dated, 6: 3: 1661. Verdict for defendant.t
(his mark) Eldrid. Wit: Walter Bourke and John Viall. Sworn, Apr. 20, 1661, before Jo. Endecott, Gov. Entered and recorded on page 251 of the third book of records of the notary public of the Massachusetts Colony of New England, by Robert Howard, notary public. Copy made by Edward Rawson, # recorder.
*John Hathorne's bill of costs, 1li. 15s.
tWrit, dated, May 6, 1661, signed by Francis Johnson,¿ for the court, and served by Rich. Wayte, ¿ marshal of Boston, by attach- ment of the dwelling house and land of Mr. William Bartholomew of Boston.
William Bartrom and Edward Richards, each aged about forty years, testified that in court at Boston in the action of John Hathorne v. Will, Hudson of Boston, concerning four bulls, Mr. Will. Bartholmew pleaded that the attachments used by Edward Richards in arresting the cattle had not the marshal's deputy on it when the clerk of the writs signed them, instancing Will. Long- ley. That Bartholmew further said it was done by such as wanted work to serve attachments by being a deputy when he had no au- thority, and desired the court to take notice of it that such things should not be suffered. Will. Longley affirmed in open court that when he signed, there was no deputy's name on them, but that they were addressed to the marshal of Salem or constable of Lynn. Sworn, 17 : 3: 1661, before Hilliard Veren, cleric.
Thomas Bancrauft deposed the same. Sworn in court, before Hilliard Veren,¿ cleric.
William Bartholomew§ appointed his loving brother, Henry Bartholomew, his attorney, on 14: 4: 1661, to defend him in this action. Wit: Jno. Croadet and Elias Stileman .¿ Henry Bar- tholmew; appointed Mr. John Gardner in his place on 25: 4 : 1661. Wit : Willi. Hollingworth; and Willm. Hudson.}
#Autograph.
§Autograph and seal.
286
SALEM QUARTERLY COURT
[June
John Hathorne v. William Longly and Joane, his wife. Slander. In saying that plaintiff had put more into a writing than should be, and that it was forgery. Verdict for plaintiff .*
*Writ, dated, May 6, 1661, signed by Frances Johnson, t for the court, and served by William Bartrum,t constable of Lynn, by attachment of the dwelling house and land, two oxen, two cows and two calves of defendant.
Writ, dated, June 17, 1661, signed by Hillyard Veren,t for the court, and served by William Bartrum,t constable of Lyn, by attachment of the dwelling house and land of defendant.
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