USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 32
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52
306
SALEM QUARTERLY COURT
[June
was allowed, as was also an inventory,* amounting to 592li. 1s.
Thomas Abbot was allowed costs in an action brought against him by John Carr and John Barnard, who did not appear to prosecute.
oxe weh I now yoak wth one of her husbands ; Item I giue vnto my Grandchild Samuell Rowland ten pounds if he be liueing at the Day of my Death, or else the ten pounds to be Devided in equall shares betweene his Brothers, & sisters, Item I giue vnto my Daughter Rowlands other three Children fiue pounds apeece to be improued for their good vntill they come to Twenty one yeares, or marriag, by the ouersight of the ouerseers of this my Last will; Item I apoint mary Smith my wife my sole Executrix & I apoint my trusty Friend majr wm Hathorne, & my Son Samuell Eburne Querseeres of this my last will & doe giue vnto maj" wm Hathorne for his paynes ten pounds to be payed him out of a debt in John Deverix hands : And in wittnes that this is my last will I haue here vnto sett my hand, & seale the 9: 9ber : 1660" James (his mark) Smith.t Wit: Win. Hathornet and Samuell (his mark) Eburne.
*Inventory of the estate of James Smith of Marblehead, de- ceased, taken, June 25, 1661, by Francis Johnsont and Moses Mavericke, and proved, 27 : 4 : 1661, in Salem court : Nine milch Cowes, 45li. ; 1 steer, three years ould, 5li. ; 1 bull & 2 heafers, two year ould, 7li. ; 5 yearlins, 7li. 10s. ; 7 ould sheep & 3 lams, 4li. 5s. ; an oxe, 8li. ; 6 oxen, 36li. ; a mare & ('oult, 17li .; 4 swine, 4li. ; His house & land at Casteel hill, wth. 10 Akers more pur- chessed of Mr. Gott ajoyninge, 120li .; 1 Aker of marshe at For- esst river, his pte in the farme purchessed by the men of Marble- head, 36li .; his dwelinge house & land in Marblehead, 110li. In the parlor : A bedd with all its furniture, 10li. ; a Cubbard, 2li .; a table & 4 Joynt stules, 1li. 5s .; 3 Chares, 15s. ; a cheste, 10s. ; a warminge pann, 5s. ; one sute as breches & Coat, 2li. 5s .; 4 yds. kersey at 7s. p. yd., 1li. 8s .; 8 yds. sarge at 6s. p. yd., 2li. 8s .; 4 yds. kearsey at 6s. p. yd., 1li. 4s .; 15 yds. water parigan at 3s., 2li. 5s .; a stuff Coat of his, 10s. A brass kittill pott & skillet, 2li. 10s. ; an Iron Kittell, 12s., a friing pann, 2s., 14s .; an Iron pott & skillett, 11s .; pewter, 1li. 4s .; tubs, milke vessell & other Lumber, 2li .; a bedd, bedsted, Rugg, blanketts & pillows, 5li .; Lisburn ware, 10s. ; a settell & Chare table, 9s .; a table, a bine, 3 pailes, 8s .; a dripinge pann, smothinge Iron & gridiron, 8s .; tongs, fire shovell & tramells & spitt, 8s. In the Chamber : A. bead, 2 Rugs, 2 blanketts, 3li. 10s .; 2 blanketts, 20s, new cloth, 15s., 1li. 15s .; 8 peare of sheets, 6li .; 1 peare of pillobeers, 2 tablecloths, 14s. ; 10 bushells Indian corne, 1li. 10s .; a smith's vise wth. other tules, 1li. 10s .; total, 457li. 1s .; more in debts one ackeer Accompt as the widdow Apprehends, 38li. ; total, 492li. 1s.
+Seal.
#Autograph.
307
RECORDS AND FILES
1661]
John Carr, servant to Mr. Symond Bradstreet, complained of for theft and other misdemeanors, was fined 50s. for damage to his master, and was bound to good behavior. Anthony Crossby, surety .*
*Warrant, dated, 7: 3: 1661, for the arrest of John Carr for stealing several things as piggs, capons, mault, bacon, butter, eggs, etc., and for breaking open a cellar door in the night several times ; signed by Simon Bradstreete ;; and served by Thomas Chandler, ; constable of Andover.
Margarett Russe, aged about forty-one or forty-two years, deposed that about a month after this time last summer, John Carr brought a leg of a fowl roasted to her house, and said it was the leg of a capon, which she at first had some scruples about taking. After- wards she and her husband ate it, and she gathered up the feathers a little below their house and blamed him for spoiling the creature. Deponent also said that one night last summer about midnight, said Carr and another person came into their house and brought some victuals with them, and when deponent asked where they obtained them, one of them answered that they met with them by the way. In the morning she found fourteen eggs which they left there and going to Mr. Bradstreete's house the next day, she found that the maid had missed them, together with some butter, and said her mistress would be angry. Deponent took them home again and afterward told Carr of it, who blamed her for it and said he would have them again. Deponent further testified that Sam. Martin came to her one morning and told her that John Carr would have her dress that pig which lay in the sheep house, which she did. Some of it was carried to the meadow and the rest was eaten at her house. She said the pig was a very large one and very fat. Carr threatened them if they testified against him, which made them afraid to tell what he said. Carr further said that what- ever he was held in, five, ten or forty pounds, he did not care, that Mr. Bradstreete should get nothing by it. Deponent further testi- fied that Jo. Carr brought some malt to their house when she and her husband were in bed and carried it up into the chamber, she did not know how much there was of it. Sworn, 24: 4: 1661, before Simon Bradstreete.t
George Abbott, sr.,f aged between forty and fifty years, deposed that he was at Mr. Bradstreete's house one time when Jo. Carr came home from the meadow with a load of hay. There was a good meat pottage on the fire for his dinner, and after his mistress sent out some meat, both roast and boiled, Carr took up ashes or coals, which he threw into the skillet, where there was bread, and then bade the maid take them away, saying that he would not eat them because coals
tAutograph.
308
SALEM QUARTERLY COURT
[June
5
had fallen into them. Said Carr told deponent last winter that when his time was out with Mr. Bradstreet, he would board with him, and give him two days' work in fair weather for a week's diet, during the summer, for he was as well kept as ever he was in his life and considered it as good a house of diet as any in the country. Deponent spoke to him about his tricks, telling him that they might cost him his year's wages, and Carr replied that if his mas- ter went to work that way it would cost him the best ox or horse he had, for he would go into the woods and kill forty pounds worth of cattle, though he lived forty miles away, and his master would never be able to prove it. Sworn, 24: 4: 1661, before Simon Bradstreete .*
John Bernard, aged about eighteen years, deposed that the night that Mr. Bradstreete's wheels were run into the swamp, he saw three men come by their house at dark, going toward Mr. Brad- streete's, whom he thought were Jo. Carr, Tymothy Steevens and Steven Osgood, because he had seen them go into Henry Ingolls house a little before night, and they came from that way afterward. Sworn, 24: 4: 1661, before Simon Bradstreete .*
Nathan Parker testified that he heard Mr. Brodstreet in April, 1660, speak very well of John Carr, saying that he was one of the best servants for work that he ever kept. Deponent also testified that John Carr said, in April, 1660, that Mr. Bradstreet was as good a man as he ever lived with, and was a father to him. Sworn in court, 27 : 4 : 1661, before Hilliard Veren,* cleric.
John Godfry testified that he saw John Carr bring a piece of raw bacon, about six pounds, to John Russ' house. Also that when threshing corn for Mr. Brodstreet, he missed corn in the sheaf several times out of the barn, and going out of the town, he met said Carr with a whole cheese, which Carr said he took out of the cellar house. Sworn in court.
Elizabeth (her mark) Dane, daughter of Francis Dane, testified that being late in the evening milking, she heard a great rumbling down the hill, which she saw the next morning were the wheels. She heard men come up a little while after from the hedge side, and one said that nothing could be proved, but she did not know who said it, etc. A night or two afterward, she told Steven Osgood that it would be best to put up the wheels again, and he said " let ym turne ym up that tumbled ym downe." Sworn before Francis Dane .*
John Ross, aged about twenty years, and Nickles Browne, aged about twenty-four years, deposed that when working with John Carr, they had seen him have bread for his dinner that was not fit to eat, it being black, furry, ropey and mouldy, etc.
John Rus,* aged nineteen or twenty years, deposed that he saw John Ker run after a pig among the bushes below their house and
*Autograph.
309
RECORDS AND FILES
1661]
come out with a dead pig in his hands, etc. Sworn, 20: 4: 1661, before Simon Bradstreete .*
Hanna Barnerd deposed that about a year since, being in her father's lot near Mr. Bradstreet's barn, she saw John Carr throw sticks and stones at said Bradstreet's fowls, which ran into the barn, where she heard them cry. Carr threw a capon out through a hole in the side of the barn into the orchard. Then Carr called to Samuell Martin, who was at the other end of the orchard, to come to him, but John Bradstreet, being with Sam, followed him, and Carr took up the capon and threw it under a pear tree. Later, after they had all gone away, said Martin went back, took up the capon and carried it to the back of Mr. Bradstreet's orchard and toward the back end of the lot. Sworn, 24: 4: 1661, before Simon Bradstreete .*
Steven Osgood* withdrew the attachment which he had caused to be served upon Tho. Abbott for false accusation, 24: 4: 1661. Wit : Simon Bradstreete .*
Examination and confession of Steven Ossgood :* That on Wednesday, 5: 4: 1661, about half an hour after daylight, John Carr, Tymothy Stevens and himself were walking in the street by Mr. Bradstreete's house, when said Stevens suggested that they run said Bradstreete's wheels down the hill, and Carr beckoned for Ossgood to go too. So they ran them down into the swamp, Stevens watching that no one discover them. An hour or two later, Carr and Ossgood took another wheel from Mr. Bradstreete's tumbrill, and ran that down, and brought an old wheel from Goodman Bernard's and put it on the said tumbrill, said Stevens not being with them. Sworn before Simon Bradstreete .*
Martha Barnerd deposed that being in her father's lot, etc.
John Russe, sr., aged about fifty years, deposed that when John Carr brought the malt to his house he told him " for god sake to carry it back againe," but he vowed he would not, and so went into the chamber and emptied it into a tub that had some malt in it, etc. Sworn before Simon Bradstreete .*
Samll. Martin, aged about seventeen years, deposed and con- fessed that they roasted and ate the capon, which John Carr threw out of the barn, down in the pasture. One leg was carried to Goodwife Russe, wrapped up in walnut leaves. He and Carr in- tended to carry the pig, which they had killed, to the pasture, but as Mrs. Bradstreete came along, they threw it into the bushes. Goodwife Russe dressed it for them and made it into pies, some of which they ate there and some they carried to the meadow. They also carried malt to said Russe. John Carr killed another great pig in the lot near the ox house and carried it to the meadow, where they singed off the hair, roasted it and ate about half of it; the remainder being not well roasted, the dogs ate it. When they
*Autograph.
310
SALEM QUARTERLY COURT
[June
Isaack Cooke, upon his petition to the court, had his fine of 50s. remitted .*
Henry Phelps, appearing under bonds, to answer the complaint against him concerning his brother, Nicholas Phelps' wife, and no one appearing to testify against him, was discharged of his bond for appearance, but was still bound in 10li. not to accompany his brother's wife.
Verdict of the jury in the case of Samll. Symonds, gentleman v. Will. Downing and Phillip Welch, his two servants: That if Mr. Dell's covenant be legal, they found service due said Symonds until May 10, 1663; if not, they found for the defendants. Court
went to the meadow, they carried bacon, cheese, codlins, bread, etc., which he said was enough for a fortnight, yet the next night Carr came home with the mare and brought butter and eggs to the meadow, which he said he obtained by breaking the cellar door, running his foot against it. Deponent also said that Carr put him in at the cellar chamber window to cut off some bacon and that he often carried raw bacon into the field, when they had enough boiled, because he liked it better roasted. Carr said if they could get a great dog to put into the chamber to knaw the bacon, then they might cut off half a flitch and it would be thought that the dog did it. Carr at another time had Goodwife Russe boil some bacon for him, when there was enough at home. Carr also said that if the sheep were at home he would have killed one of them, and he had a good mind to ride across the woods from the meadow to Goodman Ballard's, where the sheep went, but he thought somebody would see him, etc. Carr asked deponent if he had told his mistress about his actions, and Martin said that he had not. Then, said Carr, " if y" had I would haue knocked y" on the head." Carr also told deponent that when he lived with his master Jack- son, there were two or three other fellows who used to let him down the chimney with a rope into a room where he could get strong beer, cream, etc., and that he and another stole a great fat turkey from his master Jackson, which was fatted for said Jack- son's daughter's marriage, and roasted it in the woods, etc. Sworn, 22 : 4 : 1661, before Simon Bradstreete.t
*Henry Cooke's petition to the court in behalf of his son, Isack Cook : That whereas the court had imposed a fine of ten pounds upon said Isack Cook for hurt done by him, though accidentally, to Lieut. Lothrop, which fine he was not able to satisfy, nor his friends for him, considering that it was not a wilful act, said Cook asked that the fine be remitted, hoping that it would make him more careful in the future.
1 Autograph.
311
RECORDS AND FILES
1661]
adjudged the covenant legal, and ordered said Downing and Welch to serve their master until that date. Appealed to Court of As- sistants, but giving no bonds to prosecute, upon agreement of all parties, Welch and Downing were to serve Mr. Symonds until the next session of the Court of Assistants, and the latter was to allow them liberty to attend that court.
Rachell Sibly, wife of John Sibly, deceased, brought in an in- ventory* of her husband's estate and was sworn. Amount, 52li. 13s., clear estate. Said Rachell was appointed administratrix, the widow to have the property for the bringing up of the children.
Danyell Poole was bound by this court as an apprentice to John Rowden of Salem, planter, for fourteen years and a half from June 27, 1661, who was to teach him to read, write, etc., according to the law in this country.
John Fuller, chosen by the town of Lynn as ensign to the foot company, was confirmed by the court.
Court ordered that the charges in the action between William Dodg and Roger Hascall in June, 1659, be divided between them.
Court ordered Major William Hathorne to hear several present ments, for which the clerk was ordered to issue warrants, whenever the major could attend to it.
Willt of Richard Browne, deceased, was presented and sworn to by Tristian Coffin.
*Inventory of the estate of Jno. Sibly, deceased, taken June 24, 1661, by Willm. Allen, Pasco Foot and Rob. Leach : One dwelling house with fifty Acres land, 15li .; 4 Cowes & 1 heifer, 18li .; 2 oxen & 1 Bull, 18li. ; 1 hiefer & Calfe, 4li .; 5 peggs or swine, 1li. 10s .; pewter, 1li. 15s .; Brass & Iron Potts, 1li. 10s. ; Bed & Bed- inge, 5li .; Chest, bedsteed & Table, 1li. 10s .; one thousand five hundred boards, 3li. 15s. ; total, 69li. 10s. Debts : To Mr. Willm. Brown, about 10li .; Mr. Emory, 25s .; Goodman Joanes, 15s. ; Ed. Batter, 4li. 15s. ; other small debts, besides what we do not yet understand, 12s .; total, 16li. 17s .; clear estate, 52li. 13s. "he left behind him a Widow & 9 fatherless Children 4 Boyes & 5 girles : the Eldest daughter 19 years old, the next daughter about 17 years : the therd daughter about 15 years : fourth is a son of 12 years." Sworn in court by Rachell Sibly, the widow, before Hilliard Veren, ¿ cleric.
+ Will of Richard Browne of Newbury was proved by Tristram Coffin, June 24, 1661. He desired to be buried in the burying place in Newbury, and he bequeathed " to my Son Joshua Browne
#Autograph.
312
SALEM QUARTERLY COURT
[June
Servants of Mr. Gedneye's house were allowed 6s.
William Shackerly was complained of about the insufficiency of
when he shallbe of the age of one and twenty yeares, all that par- sell of my vpland and meadow that lyeth neere the little River as it is now inclosed, and my fiue acres of vpland adioyneing to Goodm Smiths land, and my share of meadow, which I haue equally with Georg Little, vpon the little Riuer, and a mare colt and two calues and an ewe and my owne freehold for encouragment to liue with his mother vntill he be of the aforesaid age. Secondly I giue to my Son Richard Browne the house and Lott I now dwell vpon with the Lott adioyneing to Robert Longs Land and that parsell of land adioyneing to Richard Pett- ingalls land || on both sides of the ware | with my eight acres of salt marsh lying in the great marsh betweene mrs Cut- tings marsh and Thomas Bloomfeilds marsh, and my parsell of meadow adioyneing to the Land that Beniamin Roafe hath now in possession and the freehold which was Gyles Badgers which be- longs to mee, and he my Son Richard shall pay out of his share ten pounds to each of his three sisters within three years after he shall have the said premises in possession 3dly I giue vnto my Son Edmund Browne all my share of Land that belongs to mee which was formerly Joseph Carters that is to say halfe the plow land pasture and meadow with the house and barne that hath beene built by mee and halfe the preuiledg of freehold, both Richard and Edmund shall haue their Legacyes at their mothers decease but if their mother shall chang her Condition and marry againe then they shall haue their portions at the age of one & twenty years.
" Also to my three daughters Elizabeth Sara and Mary I giue to each of them the summe of ten pounds to be paid out of my stock at the day of their marryage, and if my wife shall marry againe then the stock that I leaue in her hands shall be divided among my three daughters aforesaid, according to the discretion of my ouerseers, and my wife shall haue the vse of the said stock vntill my daughters shalbe of age for the bringing of them vp, And whereas I am bound to leaue my wife worth threescore pounds, In leiu of it I giue vnto her the thirds of my lands dureing her natu- rall life, and appoint her to be the sole executrix of this my last will and testament; also I appoint her to pay John Badger his portion out of my estate and that my debts and funerall be dis- charged, Also the portion abouementioned to my Son Josua I ap- point it to be in full of what he shall haue out of my estate so that he shall neuer desire any more in relation of any thing given to his brother Joseph deceased by his vnkle George Browne deceased If either of my sons doe die before he comes to age then his land shal fale vnto the other two and if either of my dauters shal die before her marrage then her portion shal fale vnto my other two dauters
313
RECORDS AND FILES
1661]
his barque, and the court commissioned several persons to view her .*
Major Hathorn's determination about a difference of fence be- tween William Dodg and Roger Hoscoll was placed on file.t
and if my wife chaing her condition by marrag then she shal give security to my ouersers for the paiment of my childrens portions. And I doe appownt my louing frinds Richard Kente and Nicolas Noyes and Robert Long my ouerseers to put in exicution this my wille and testament." No date. Richard Browne. # Wit : Tristram Coffin# and Joseph Noyes .;
" Farther it is my will & desier that my louing frind Josef Noyce be one of my ouerseers aded to the other three before men- tioned." Wit : James Noyest and Moses Noyes .; The latter made oath before Daniel Denison,# June 24, 1661.
*" Upon Complaint of William Shakkerley Master of the Barke Hopewell of Plymouth in Old England, (who haue made a Fish- ing Voyage heare in N : E) of the Insufficiency of the said Barke for ye performance of her Intended Voyage to Newfoundland, whether shee is bound, this Court Commissionates Mr William Hollingworth, Robert Lemman, Richard More, William Charles of Marblehead, Masters ; Also John Beckett, Erasmus James and Richard Rowland, Ship-Carpenters, to view the said Barke, and Examine the Euidences, Concerning her Sufficiency for her said Voyage, and so to make a true Returne under their hands within one month next following unto Majr William Hathorne or to ye Commissions of Salem." Brought into court, June 27, 1661.
Writ: Mr. William Shackerlie v. John Gosse, Michell Combe, Edward Foster, Henry Russell, John Lucom, Nicolas Lucome, John Fryer and John Harte ; for damage done by them on a fish- ing account, in coming away from Monhigon before the voyage was completed, without said Shackerly's consent ; dated, June 11, 1661 ; signed by Francis Johnson, # for the court; and served by Will. (his mark) Nick, constable of Marblehead.
tCopy of Salem Court record, 28: 4: 1660, in action of Wil- liam Dodge v. Roger Haskall, for not maintaining fence according to agreement. Verdict for plaintiff, the defendant to maintain the fence. Copy made by Hillyard Veren,¿ cleric.
Wm. Hathorne,¿ chosen as arbitrator in this case, 4 mo : 1659, to settle all differences about a parcel of fence of 110 rods, run- ning from the bridge or causeway over the country way from Salem ferry to Ipswich, to or near the rock in Salem common, deter- mined, 29 : 4 : 1661, as follows : That William Dodge should make 15 rods of fence, beginning at the upper end of the land now in possession of Roger Hoskell, and so downward toward his house,
įAutograph.
314
SALEM QUARTERLY COURT
[June
At a court held by Major William Hathorne, 2: 7: 1661, Eliza- beth Skinner, presented for being drunk several times, was fined, and Mr. Johnson promised to pay the fine; Danyell Sothwick, the wife of Josiah Sothwicke and the wife of Richard Gardner were fined for absence from the public ordinances on the Lord's days from June to November, 1660.
Edward Gaskin, John Bly, Henry Skerry, John Neale, Samll- Eborne, Nathanyell Fellton, John Northy, Goody Bowen, Goody White and Alis Codner were allowed witness fees.
COURT HELD AT SALEM, JUNE 28, 1661.
Samuell Gaskin, presented for absenting himself from the public ordinances on twenty-four Lord's days, was fined, upon his confession.
Wife of Nicolas Phelps, presented for saying that Mr. Higgeson sent abroad his wolves and his bloodhounds amongst the sheep and lambs, and that the priests were deceivers of the people, was fined or to be whipped. William Flint promised to pay the fine .*
Michaell Shaflin, Sarah, wife of Robert Stone, Ann, wife of An- thony Needham, John Small, Philip Veren, the wife of Robert Buffum, the wife of Nicholas Phelps, the wife of John Sothwick, the wife of George Gardner, the wife of Samuell Shattock, Sam-
and Roger to make all the rest to the causeway. All the land of said Hoskell's adjoining to the south was bound for the performance of this agreement. Further, William Dodg was to make 15 rods more beginning at the upper end of the 15 rods formerly mentioned, and so to run toward the rock, which is against the land now in the occupation of Daved Thomas. This land was formerly Roger Hoskell's, given him by John Harding, his wife's father, and was bound the same as the foregoing.
*Hanna, wife of Nicolas Phelps, presented. Wit: Thomas Flint and John Upton. Summons served, June 28, 1660, by Tho. Roots and Tho. Gouldthyte, who made return that they could not find her.
Thomas Flint and John Upton testified that coming in to Henery Phelpes' house on a Sabbath day evening, spring was a twelve- month, they heard Hanna Phelpes, wife of Nickoles Phelpes, say that Higgeson had sent out his wolves apace. John Upton asked her if Mr. Higgeson sent the wolves amongst them to kill their creatures and she answered, the bloodhounds, to catch the sheep and lambs. Sworn in court.
315
RECORDS AND FILES
1661]
uel Salmon and Provided Sothwick, presented for absenting them- selves from the public ordinances, were fined .*
Hanna, daughter of John Burton, Damaris, daughter of Joseph Pope, the wife of Joseph Pope and the wife of Tho. Gardner, sr., were convicted and ordered to pay fees. The wife of John Kitchin was dismissed.
Phillip Veren, the wife of Robert Buffum, John Smale, Samll. Gaskin, Samll. Salmon and the wife of Thomas Gardner, sr., pre- sented for being at a Quakers' meeting, were fined.t
William Curtis, presented for stealing, was fined.#
*" Mr. Clarke-These ar to certify you that there was a mistake in the presentinge of the wife of John Smal, for I doe understand : (by conference wth her selfe) that lamenesse & deafnesse was the cause of her absence & I have seen her of late at the meetinge. Nathaniel Felton."§
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.