USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 30
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John Hathorne's bill of cost against the wife of William Long- lye, 1li. 15s. 10d.
William Longley's bill of cost, 1li. 10s.
Mary Browne, aged about twenty-four years, deposed that the wife of William Longlye said to her that if John Hathorne had attached a cow or so, it would not have been much, but to attach all that they had was more than he need to have done. Deponent said " I suppose he esteemes his name more than all your estate," and she replied " Is his name so good ?" or " What is his name worth, has he redeemed his name ?" speaking in a seemingly slight and derisive manner. Further speaking about that which Andrew Mansfeild had said against said Hathorne, she said, " What was that, a great peece of busines," and the whole drift of her discourse was in a slight, disesteeming of his name and reputation. Sworn in court, 25 : 4 : 1661, before Hilliard Veren, t cleric.
Izake Ong, aged about twenty-five years, testified that, being in the house of Richard Haven in Lynn, he heard the wife of Wil- liam Longlye say that John Hathorne had put into an attachment more than was in it when her husband signed it, that said Hathorne signed it and that he was in trouble for it, so her husband said ; moreover, that it was forgery and the magistrate checked him for it, etc. Sworn in Salem court.
Susana Haven, aged about thirty-seven years, testified that the wife of Will. Longlye came to her husband's house the week of Boston county court last, etc. Sworn in Salem court.
Mathew Armstrong, aged about twenty-seven years, deposed con- cerning Longley's testimony at Boston court. Sworn, June 18, 1661, before Ri. Bellingham, t Dept. Govr.
Jonathan Hudson, aged about forty years, deposed that Longley testified at the Boston court that he did not see any Marshal's deputy in the attachment, but he would not take his oath until they showed him the paper, etc. Sworn in Salem court.
John Andruff, aged about thirty-three years, Samuell Benett, sr., John Sunderland, aged about forty-three years, and John Viall, aged about forty-two years, deposed the same. Sworn in Salem court.
+Autograph.
-
287
RECORDS AND FILES
1661]
Town of Lynn, by their selectmen v. William Longly. Review upon a judgment granted at last Ipswich court, for forty acres of land or 40li. damages granted to said Longly.
John Hathorne v. William Longly. Slander. For accusing plaintiff of altering the attachments he signed against Samuell Eldridg, in saying in open court at Boston that there was a mar- shal's deputy in the said attachments when he signed them. With- drawn.
Thomas Brown v. Tho. Welman. For not making good two parcels of land, according to covenant. Judgment for defendant .*
Matthias Farrington v. Henry Ingalls. For taking up a mare of his, contrary to law without his order, keeping her in his cus- tody and not delivering her when she was demanded nor making any restitution. Withdrawn.t
Richard Waite, aged about sixty-one years, and William Cotton, aged about fifty years, deposed, June 8, 1661, that hearing the pleas and debates at Boston county court last April in the action between Capt. William Hudson of Boston and Mr. John Hathorn and Edward Richards of Linn, etc. Sworn, 8: 4: 1661, before Thomas Savage, # commissioner.
Capt. William Hudsonn affirmed to the truth of the foregoing, 20: 4: 1661, before Humphrey Atharton.#
*Summons, dated, June 26, 1661, to Andrew Mansfeild, Jona- than Hudson, John Knight and Edward Richards, as witnesses and signed by William Longley, # for the court.
tWrit, dated, May 30, 1661, signed by William Longley,; for the court, and served by Thomas Chandler,; constable of Andeaver.
Ralph Kinge, aged about twenty-two years, deposed that he was at Andever when he heard John Lewis demand of Henry Ingolls a mare of Mathias Farrington's to take her home to Lynn. Ingolls answered that she was not at home but was well, and that he did not deny the mare, but would speak with Goodman Farrington first. John Lewis also testified that he had an order to bring the mare to Lynn. Sworn in court, before Hilliard Veren,# cleric.
John Aslot and John Barnard, aged about eighteen years, deposed that the mare that Henry Ingalls took up had a brown tail, a little slit on the top of the near ear and meally legs, etc. Sworn, 24: 4 : 1661, before Simon Bradstreet.#
John Barkeer, aged between sixteen and seventeen years, de- posed that Mathias Farinton told him that his mare had a black tail, mane and legs and was marked with a slit on the ear and a piece cut out about half an inch long. Sworn, 24: 4: 1661, before Simon Bradstreet.#
#Autograph.
1
288
SALEM QUARTERLY COURT
[June
Johanna Marshall deposed that Mathyas Farrington agreed with her to bring the mare, and her husband agreed to the same. "I sent my Son with John Bread and Henery Ingolls was not at home. Afterwards henyry Ingolls coms to our hows I askt him if he would delliuer mat Farrinton mare he sayd noe except he would com and pay for the winttering of her he sayd tell mathy his mar is well and fare with folle and four pound better then when I did take her oupe." Sarah Marshall deposed the same and further declared that Ingolls said he would hire the mare of Mathy Faring- ton. Sworn in court, before Hilliard Veren,* cleric.
John Godfree, aged about thirty years, deposed that Farington and Godfree were discoursing about the stray mare that Henry Ingalls took up, and Farrington told Godfree to tell said Ingalls to send him the mare. Upon being questioned Farrington said he had never seen the mare. Sworn in court.
Stephen Johnson, aged twenty-one years, deposed that Farring- ton told Tho. Johnson that he had never seen the mare, but got some one to brand her. Sworn, 24 : 4: 1661, before Simon Bradstreet .*
John Godfery testified that Goodwife Marshall said she could speak nothing of her knowledge concerning the mares, but what she heard others say. Sworn in court.
John Carr, aged about twenty-two years, deposed that he heard Thomas Johnson ask Mathias Farengenton if he ever saw this mare, etc. Deponent was with Henery Ingolls when Farrington came to him to see the mare, which was then in the woods, etc. Sworn in court.
Sergeant Osgood, aged about thirty years, deposed that a stray mare came with the horse of Francis Ingals of Lyn to Henry Ingalles, and the latter said that she was with his uncle's and asked what he should do with her. Deponent answered that he should take her up and give notice to the constable to cry her ac- cording to law, which he did. Deponent and Steven Osgood, his brother, helped catch her and appraised her at eight pounds and a mark, etc. Sworn in court.
Steephen Osgood, aged about twenty-two years, testified that Goodman Marshal said that Mathias Farington told him that he had his mare, and Marshal added that this was Goodwife Catlines mare by all relations. Sworn, 24: 4: 1661, before Simon Bradstreete .*
Edman Farington, aged about three score and seven, deposed that his son, Mathew Farington, lost a young mare of about two years old in the wood last November twelfth month. She was a bright bay, branded on the near shoulder and on top of the near ear, and was wintered at deponent's house and his son's the winter before, he and his son living together. The marks were those of his son. John Farrington testified the same, and that he and his brother Mathew and John Brayd found the marks, etc. Sworn in court.
*Autograph.
289
RECORDS AND FILES
1661]
Michael Coombes v. William Shackerly. Debt due for portlidge. Withdrawn .*
John Goss v. William Shackerly. Debt due for portlidge. Withdrawn. t
Andrew Mansfeild v. Edward Richards. Slander. For charging plaintiff with taking a false oath in the testimony he gave in behalf of the town against said Richards at Mr. Laton's house, before the commissioners of Lynn at their court held in November last. The said Richards also said that the oath that the said Mansfield had taken, he would prove to be false. Verdict for plaintiff .;
Jno. Farrington and Jno. Bread deposed that the mare was Matthyas Farrington's, etc. Sworn in court.
Thomas Marshall deposed that Goodman Ingalls told him at Andiver that he intended to make a stray of the mare by putting a withe about her neck. Deponent told him he must also cry her and Ingalls said he would go to the constable for there would be a town meeting before very long and then he would cry her. Sworn in court.
Thomas Johnson, aged about twenty-seven years, deposed. Sworn in court.
John Farrington deposed. Sworn in court.
John Brayd deposed that he heard Goodman Foster of Andiver say that he did not cry this mare. Sworn in court.
John Farington deposed that Goodman Foster said that he was not asked to cry the mare until two months after she was taken up, and later was forbidden, etc. Sworn in court.
*Writ : Michell Combe v. William Shackerlie; debt for port- lidge ; dated, June 1, 1661 ; signed by Fra. Johnson, § for the court ; and served by William (his mark) Nicke, constable of Marblehead, by attachment of fish to the value of seven pounds, and taking bond of Mr. Corwin for payment of same.
+Writ : John Gosse v. William Shackerlie; debt due for port- lidge ; dated, June 1, 1661; signed by Fra. Johnson, § for the court ; and served by Will. (his mark) Nicke, constable of Marblehead, by attachment of fish to the value of seven pounds, and taking bond of Mr. Corwin for payment of same.
Writ, dated, June 18, 1661, signed by William Longley,§ for the court, and served by Jonathan Hudson,§ constable of Lyn, by attachment of house and land of defendant.
George (his mark) Taylor of Lynn deposed, at Lynn, June 24, 1661, that during the year when brother Andrew Mansfeild was constable, Edward Richards was in his debt, 10s. 6d., and that he came to his house and brought a bill of 10s. 6d. from the select-
§ Autograph.
290
SALEM QUARTERLY COURT
[June
Christopher Nicholson, for himself, and also as assignee of Eliz- abeth Nicholson, administratrix of Edmond Nicholson, deceased v. John Devorix. For withholding or not giving an account of the disposing or delivery of the said Ed. Nicholson and company's fish in the spring voyage of 1660, said Devorix being master of the voyage. Verdict for plaintiff, the defendant to give a true account within twenty days. Appealed to Court of Assistants. Mr. Ed- mond Batter bound for said Devorix appearance .*
men which brother Andrew Mansfeild was to pay him upon the town's account. He asked deponent to take the bill and to receive of said Mansfield the amount which Edward Richards owed him. So they went to Mansfeild's, and Richards told him to pay depo- nent and the latter might have had it then in corn, but being in- debted to Farmer Hawkes for keeping cattle, he desired that it remain with brother Mansfeild to pay, making the latter his pay- master. Wit: Will. (his mark) Clarke and Marye (her mark) Clarke, wife of Will. Sworn in court.
Bray Wilkins testified that at a commissioners' court held at Mr. Laughton's at Lynn, in a case between Andrew Mansfeild and Thomas Wheeler, as selectmen, and Edward Richards, said Mans- feild gave in testimony concerning the amount paid to said Rich- ards, the latter testified that all that he said was false. Sworn in court.
Thomas Newhall, jr., deposed. Sworn in court.
James Axey and Thomas Wheeler deposed that Edward Rich- ards was called before the commissioners' court at Lynn, concern- ing not carrying out his agreement with the townsmen about repairing the turret on the meeting house. Andrew Mansfeild tes- tified that he paid him, when constable, for the work. Later Rich- ards said that Mansfeild's oath was false, and appealed to Ipswich court. Sworn in court.
Andrew Mansfeild's bill of charges, 1li. 17s. 6d.
Robt. Mansfeild of Lynn deposed. Sworn in court.
*Writ, dated, June 10, 1661, signed by Hillyard Veren,t for the court, and served by Will. (his mark) Nick, constable of Marblehead.
" Mr Corwin
" s' my part of the 65 Quintells of march fish which Mr fellder Receued the 14th June 1660 is thirty six pounds sixten shillings and nine pence
" 15 June 1660
" Yr to use Edmon Nickolson."+
Edmon (his mark) Nickolson's receipt dated, June 15, 1660, to John Devericks, for 15li. 3s. 3d.
+Autograph.
291
RECORDS AND FILES
1661]
Danyell Rumboll, Mark Bacheldor and Tho. Fisk v. Edmond Towne. For illegally detaining a parcel of meadow lying by or bounding upon a meadow, sometime Mr. Pembleton's .*
" Reckoned this 15 June 1660 with Edmon Nickolson and I haue paed my part of all Charges and there is due to me twenty thre pounds nine shillings.
" Richard Read.t
" I will pay you for Edmund Nichlison twenty thre pownd nine shillings this 17th 4th mº 1660 me William Browne."t Christopher Nickerson's charges, 2li. 2s.
Christopher Latamore, aged about forty-three years, deposed that he heard Jno. Devericks say that he was master of Edmond Nicklinson's voyage now in controversy, and deponent culled all the fish, Devorix or his wife taking account of it, and also receiv- ing the money for the refuse fish which was sold to Mr. John Sworn in court, 28 : 4 : 1661, before Hilliard Veren, t clerk.
William Nick, aged about thirty-five years, deposed that he saw Nicklinson and his company heave their fish into Jno. Deverick's stage during the voyage, etc. Sworn in court, 28: 4: 1661, before Hilliard Veren,t clerk.
Joseph Nicklinson, aged about twenty years, deposed that he was employed in the said voyage at John Devorick's command. Sworn in court, 28 : 4 : 1661, before Hilliard Veren,t clerk.
William Nick and Hugh Dickman deposed that on the 15th of the instant month they heard John Devirick say that there was belonging to the voyage now in controversy, delivered to Mr. Filldor, eighty odd quintals of fish. Sworn in court.
John Devorix and his wife deposed that they delivered the receipt, which was given them by the master of the ship, Mr. Fielder, for eighty-five quintals of fish, to Edmund Nicolson in Mr. Brading's shop, where the reckoning was made. Ann Devorix delivered it with her own hands. Sworn in court.
John Furbush testified that he heard John Divirick say that he could give a list of twenty pounds and upwards that was due to Good wife Nicklson, if he would. Sworn in court.
John Devorix testified that the account made by Mr. Braden was correct and all agreed. Also that Nickolson gave deponent and Richard Read a note by which to receive their shares.
John Furbish, aged about thirty-four years, deposed that he saw Edmond Nicklinson and his son Christopher and Richard Reed throw fish into Jno. Devirick's stage and the latter split it and took possession of it. Sworn in court.
James Brading deposed. Sworn in court, 27: 4: 1661, before Hilliard Veren, t clerk.
*Writ, dated, 16: 4 : 1661, signed by Tho. Fiske, t for the court, +Autograph.
292
SALEM QUARTERLY COURT
[June
Walter Fairefeild, heir to John Fairefeild, late deceased v. Richard Hutten. For withholding from him a parcel of land of about eighteen acres, which was sold by Mr. Samuell Smith to said John Fairefeild, now in said Hutton's possession. Verdict for de- fendant .*
and served by John Willd,t constable of Topsfield, by attachment of nine acres of land.
*Writ, dated, 9: 2: 1661, signed by Tho. Fiske,t for the court, and served by John Poland, t constable of Wenham.
Hutten's bill of costs, 1li. 5s. 4d.
" Walter Fairefeild of Redding in ye County of Middlesex, Tur- ner, doth laye clayme to eighteen Acres of land, which was for- merly bought of Mr Samuell Smith, deceased, by John Fairefeild deceased, together with a house upon ye same, but since decayed and falen downe, which sayd land is now in ye possession of Rich- ard Hutten, & is scittuate & lying in W[enham] & was pt of ye sayd Smiths farme, graunted by ye towne of Salem (ordinaryly account- ed soe) towards ye north side of ye sayd farme, & is bounded on ye east with a strip of meadow adjoyning to y[e Riuer] & with a swamp one the south, & on ye west with [an] old Contry Highwaye, & on ye north with a stripp the sayd Smithes farme, this 27th of march 166[1], entered p me Hillyard Veren Recorder." Copy taken out of the records at Salem by Hillyard Veren, t recorder.
Agreement between John (his mark) Fairfeld and Thomas Smyth, t dated, 7: 2: 1641, to " chang each with other for 18 Ackers of Land with A house upon each 18 ackers : & the housan to be both alike & what differance theare shall be in goodnes be- twene them shall be allowed unto him that two men shall cast it : & for soe much Land as is broken up in the said John Fairfelds ground the other ptie is to break up as much in ye other psell of Land before ye next winter & alsoe to allow him soe much fencing stufe againe & lickwise dung for ye manuring of ye land & for ye meadowe that did belong to Jeames Smith Along ye Riuer the said Joh fairfeld is to haue & ye medowe ground that did belong unto Samewell Smith the said Thomas Smith is to haue & for ye Con- firming hearof both pties haue sett to thear hands this psent day Aboue written."
James (his mark) Smith, on 17: 10: 1640, acquitted and dis- charged John Fairfild of all demands for a house and ground bought of him by Mr. Joh. Fiske. Wit: William Browne.t - formerly# maryed the - - ild, (deceased), whoe was then possessed sband fayrfeild left, & when she - Ifery not giueing in bond, for the - Idrens portions, according to the +Autograph.
#This paper is badly torn.
293
RECORDS AND FILES
1661]
Samuell Symonds, gentleman v. Will. Downing. For absolutely refusing to serve his master, Mr. Simonds, any longer, there being
will of - - and, & by the sayd will, the children - there seuerall portions, till yeares of age, the sayd - be released of being charged with - to deliuer the same out of his hands - meet soe to order it, this Court taking - sideration, the sayd palfery being - the children viz ..... nothwith-the Court found something dificult to be understood - - will of the sd ferfeild, yet the sayd Palfery : and children : freely consenting thereunto - Court did order as followeth : that all the housing & land - the sª ferfeild mentioned in his will, the sª palfery -- uld presently deliver up for the || soul|| use|| & behoofel of the three children | foreuer || to be -ally devided betweene ym & alsoe- the sayd Palfery is to paye out of the goods that had - his wife Eliz : ferfeild to the value of 408 ||to Walter : ye eldest | which is - understood more then 3li which he has alredy receued sayd John being under age : doe make choyse of - brother the sayd walter to his Guardian : & the - - enjaming : doe make choyce of his father in law Palfery to be - -- aurdian & is willing with him the said Palferye to dwell he com to the age of one & twenty yeares, yf the sd Palfery - soe longe, whoe is to teach ye sayd Benjamin or cause him - - taught to read & write & lastly ye sayd Palfery - - abousd and for the use of the children as is above ressed, together with the payment of the aboues 40s sayd walter : he shalbe fully & wholy dis-
carged of the - sayd estate or from any futer demands of the - children as in Relation to the aforesayd estate."
Deed, Samuell Smyth* to John Fairefeild, for 27li. 10s.," a cer- tayne dwelling house & cowhouse situate in Salem a little off the great pond late in the possession of James Smith, purchased of him by william Fiske, & sold by the sayd william Fiske unto Samuel Smith aforesayd, together with the appurtenances to the sayd houses, with eighteen Acres of upland lying from the house nie east downe to the medowes & aboute 2 pole & an halfe on this side the |dwelling | house with free egresse and regresse to the || spring-abutting|| & certayne parcell of medow nie aboute 2 Acres by compute abutting upon the foresayd upland westward, & upon John Whitesland eastward." Dated, 16: 9: 1640. Wit: John Fiske* and William Fiske .*
Indenture, dated, 11: 5: 1644, between Thomas Smyth* of Gloster and Robert Hawes of Wenham, said Smyth, for 31li. 15s., sold to said Hawes his house, cowhouse and twenty acres of land adjoining the house and thirty acres more near the great swamp, butting upon John Whit on one side and Phineas Fisk on the other, also six acres of meadow lying in the great meadow, all the said
* Autograph.
294
SALEM QUARTERLY COURT
[June
several years yet due, according to the purchase from the ship- master who brought him over to sell .*
Samll. Symonds, gentleman v. Phillip Welch. For absolutely refusing to serve his master, Mr. Simonds, any longer, there being several years yet due, according to the purchase from the ship- master who brought him over to sell .*
land lying in the town of Wenham, Wit : Danel Roumbel,t Sarey (her mark) Roumble and William Dudbridg.t
Mathew Edwards, aged about twenty-nine years, deposed that the house now in possession of Richard Coye, which was late John Fairefield's, was built by Thomas Smith, as he said, upon an ex- change, & also two akres of land lying before the house or betwixt the orchard and the highway were part of eighteen acres of land exchanged by Thomas Smith and Jno. Fairefield. More land was also laid out by Mr. Smith to deponent's uncle, John Fairefield, which he said was the rest of the land exchanged between himself and said Smith, and all of this land was afterward taken away by Ipswich at the running of the line, except two acres. Sworn in court.
Sarah Rumball, aged about seventy years, deposed that her son, Thomas Smith, sold this house and land to Robert Hase, and that said Smith enjoyed it several years peaceably and quietly. Sworn in court.
Danell Rumbal, blacksmith, of Salem, aged about sixty-two years, deposed, 28 : 4 : 1661, that " About yt time that I wass a sutter to the widow Smith yt is now my wiff Thomas Smith her sonn did dwell in a house sittuatt nere ye housse yt was mr Smiths which houss and land ye Aforsad Thomas mad Salle off to Robert Haws Now dwelling at Roxbery my hand being to ye deed as A wittness."
Richard Coye, aged about thirty-five years, deposed, 26 : 4 : 1661, that the eighteen acres of land was owned by Mr. Samuell Smith, who sold it to John Fayerfield, and it was part of the farm that the town of Salem gave the said Smith in Wenham. Also that Richard Hutten said that Walter Fayerfield should not have it unless he could recover it by law.
*Writs, dated, May 15, 1661, signed by Robert Lord,t for the court, and served by Theophilus Wilson, t constable of Ipswich.
Samuel Symonds, t gent., complaint to Salem court, June 25, 1661, against his two servants,
Defence of William Downeing and Philip Welch : " We were brought out of or owne Country, contrary to our owne wills & minds, & sold here unto M' Symonds, by ye master of the Ship, Mr Dill, but what Agreement was made betweene Mr Symonds &
+Autograph.
295
RECORDS AND FILES
1661]
ye Said master, was neuer Acted by our Consent or knowledge, yet notwithstanding we haue indeauored to do him ye best seruice wee Could these seuen Compleat yeeres, which is 3 yeeres more then ye use to sell ym for at Barbadoes, wn they are stollen in England. And for our seruice, we haue noe Callings nor wages, but meat & Cloths. Now 7 yeares seruice being so much as ye practise of old England, & thought meet in this place, & wee being both aboue 21 years of age, We hope this honored Court & Jury will seriously Consider our Conditions."
The plaintiff's plea : That he had about ten acres of Indian corn to be tended and had to hire divers workmen ; that during all this court time, his two servants, being all the men he had, were not working, and consequently all his cattle, fence and family were left destitute ; that the bargain made between George Dell, the shipmaster, and the plaintiff was still in force, etc.
The jury reported a special verdict, that if Mr. Del's covenant be according to law, then they find service due from defendants to plaintiff until May 10, 1663; if not, they find for defendants. Judgment for plaintiff, Mr. Dell's deed legal, and said Downing and Welch to serve Mr. Symonds until 10 : 3: 1663. Appealed to Court of Assistants. They promised to serve their master faith- fully until the next court.
Bill of sale, dated, May 10, 1654, from George Dell,* master of the ship Goodfellow, who " sould unto M' Samuell Symonds two of the Irish youthes I brought over by order of the State of England : the name of one of them is william Dallton : the other Edward welch, to serue him," etc., for the space of nine years, in consideration of 26li. in merchantable corn or live cattle, before the end of the following October. Wit: Georg Maning .*
"17th of May 1654.
" Whereas in the writing aboue mentioned there was a pviso for good assurance, and seing that the younger youth in the said writing is called Edward, and that upon his arrivall at Ipswch such as doe well understand his language doe say he owneth his name to be Philip, And whereas divers english are put out apprentices who at the end of their terme are older then he wilbe; and for incouragment of his master in teaching him what he conceive may doe him good, and that it wilbe tyme soon enough to goe out of service & betake himself to mannage a family, It is agreed be- tween the abovesaid George Dell and mr Samuell Symonds as fol- loweth That two yeares more are added to the Terme of the said Philip who in the writing above is called Edward welch which maketh it eleven yeares from the day of the date thereof. And the said Samuell doth hereby accept of both the said youthes as having good assurance." Signed by George Dell .* Wit: Joseph S[we]tt,* Joseph -* and Georg Maning .*
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