USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 33
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¡Summons, dated, May 23, 1661, to Samuell Gaskoyne, the wife of Nicholas Phelps, Michaell Shaflin, Katherin, wife of William King, Sarah, wife of Robert Stone, Hannah, daughter of John Burton, Damaris, daughter of Joseph Pope, Ann, wife of Anthony Needham, John Smale and his wife, Phillip Veren and his wife, the wife of John Kitchin, the wife of Robert Buffum, the wife of Joseph Pope, the wife of John Sothwick, the wife of Mr. Thomas Gardner, sr., the wife of Richard Gardiner, the wife of Georg Gardner, the wife of Samuell Shattock, the wife of Robert Wil- son, Samuell Salmon, William Marstone, Danyell and Provided Sothwicke, to appear to answer complaint for absence from meet- ing. Also to witnesses Thomas Flint, Jon. Upton, Henry Skerry, John Neale, Samuell Ebborne and Nathaniell Felton.
Summons, dated, May 23, 1661, to John Smale, sr., Phillip Veren, the wife of Robert Buffum, Samuell Gascoyne, Danyell Sothwick, Samuell Salmon, the wife of Mr. Tho. Gardner, sr., and the wife of Richard Gardner, for being at a Quakers' meeting on the Lord's day. Also to witnesses, Edw. Gasckoyne and John Bly.
Summons, dated, May 23, 1661, to Nicholas Deckaine, for living from his wife, and witnesses, Henry Herick and Henry Skery ; to Richard Midelton, for stealing a scarf and bridle bit, and wit- nesses, Bethiah, wife of Joseph Hutcheson, Richd. Hucheson and John Putnam; to Nathanyell Patry of Bass River side, for ab- sence from meeting, and witnesses, Richard Stackhouse, Tho. Chubb and Avice Chubb.
#Presented for stealing a parcel of timber from Francis Collins and lying about it. Wit: Christopher Waller, Richard Sibly and
§Autograph.
316
SALEM QUARTERLY COURT
[June
William Wiseman, presented for being drunk, multiplying oaths and abusing his owner and his company, was fined .*
Zachary Herricke. Summons to constable of Salem, May 23, 1661, signed by Hillyard Veren,t cleric.
Christopher Waller, aged about forty-one years, deposed that some of the timber that he helped to hew and saw for Frances Collens, four rafters belonging to a white oak stock sixteen feet long, he saw at William Curteses new frame. How they came there from the pit where they were sawed, deponent did not know.
*William West, aged about thirty years, deposed that, being in Boston, he saw Williame Wisemane overtaken in drink. Also, by the owner's order, " I geett A man A Boeard Mr. Graftone ketch, when I Came Back Againe A Boeard of ouer owen ketch that the said wise mane forewarnd me nott to Come A Boeard if I did upon my owne perrill B- itt fore hee swore severall othes that bee whould pistoll me ore knocke mee in the head, farther saith that geetting A Boeard I Received A Blow from hime which Blow I haue Laen under the Docttors handes euer Seinsce I Came home." Sworn in court, before Hilliard Veren,t cleric.
James Underwood, aged about fifty years, deposed that he was in Boston with his ketch and saw said Wisemane drunk. The lat- ter called him rogue and dog, and threatened to knock him in the head, as he was informed by one of his company. Sworn in court.
The will of William Witter, dated, 5: 6: 1659, was proved in June, 1661. He bequeathed to "my wife Annis halfe my lands, housing and chattels : but in case she chang her name, I bequeath to her but the thirds : and to my sonn Josia I giue the other halfe of my lands, housing, and chattels : but in case my wife mary, then I bequeath a duble portion to my sonn Josia and his mother my wife shall haue but the thirds, as aforesaid, provided that my sonn shall not sell this his inheritanc, but in case hee die wthout issue : then I will that this inheritanc shall be instated upon Rob- ert Burdin and my dafter Hanna, for there posteritis. I will my dafter Hanna Burdin shall have a ew, and lamb this time twelfe mounts and I will that my wife Annis bee my sole executor." William Witter.t Wit: Robert Driver; and William Harker.t
Inventory of the estate of William Witter, taken, 15: 9: 1659, by Robert Driver,t William Harkert and Francis (his mark) In- gols : His aparrill, 1li .; in ye hall, one bed and that which be- longs to it, 2li. ; in ye parler, one bed & that which belongs to it, 5li .; a peec of carsie of foure yards, 1li. 6s .; a chest, 4s. ; three pare of shets with other linins, 3li. 10s .; a warming pan, 5s .; in puter, 15s .; in bras, 10s .; an Iron cettle, tow pots and a scellet, 2li .; a friing pan, spit & pothooks, 10s .; tow hoogs, barrils & a
+Autograph.
317
RECORDS AND FILES
1661]
Richard Haven, presented for breach of the peace, was fined, upon his confession.
salting trough, 6s .; three trays, thre poles and a cimmitt, 6s .; tow whels & tow pare of cards, 10s .; churn, dishes, spouns & trench- ers, 6s. ; in wool & flax, 10s. ; wheat, inde corne & pese, 3li. 10s .; in hay, 4li .; cart & whels & plough & chains, wth. things belong- ing, 3li .; a pare of oxen, 13li .; thre cous, 14li .; in a mare, Gli. 10s .; swine, 2li. 12s .; housing & land, 66li .; total, 132li. 11s. Sworn by Anis Witter, in court at Salem, 23: 4: 1661, before Hilliard Veren,* cleric.
Inventory of the estate of Benjamin Belflower, who deceased Feb. 24, 1660, taken, Mar. 16, 1661, by Robt. Moulton* and Henry Phelps :* Nineteene Acres of Land, 9li. 10s .; houshold stuffe, 4li. 10s. ; By Bill, 4li .; serge, 18s .; cotten wooll, 7s. Debts : To my father, 10li .; to Goodman Martin, 3li.
Summons to John Saleare of Wenham, dated, 25: 4: 1661, to answer complaint for entertaining persons in his house contrary to law, and signed by Hillyard Veren,* cleric. Also to witnesses, Richard Coye and Tho. White.
Writ : John Bointon v. Thomas Willet, William Tower and Gabriell, servant or apprentice to Daniell Turell ; battery, for shed- ding blood, and also for striking him several blows with the great end of a gunlock ; dated, May 21, 1661; signed by Jonath Negus,* for the court; and served by Rich. Wayte,* marshal of Suffolk, who committed them to prison.
Writ : John Lambert v. Mr. John Carlton and Mr. Philip Nel- son, executors of the estate of Mr. Joseph Jewett, late of Rowley ; debt for corn and cattle; dated, Apr. 23, 1661; signed by Robert Lord,* for the court ; and served by Robert Lord,* marshal, by at- tachment of seven cows of defendant.
Writ : Philip Nellson, Jerimiah Jewett and John Carlton, exec- utors of the estate of Mr. Joseph Jewett v. John Newmarsh ; debt of 100li. ; dated, June 13, 1661; signed by Robert Lord,* for the court; and served by Robert Lord,* marshal, by attachment of two barrels of pork, fifty bushels of wheat, thirty bushels of In- dian corn, two cows and pasture land of defendant.
Writ : John Newman v. Clement Coldam ; debt; dated, May 27, 1661; signed by Robert Lord,* for the court ; and served by Rob- ert Lord,* marshal, by attachment of two cows.
Writ : Mr. Edmond Batter v. Edmond Bridges ; debt; dated, June 12, 1661; signed by Hillyard Veren,* for the court; and served by John Wildes, * constable of Topsfield, by attachment of about eight acres of land and two acres of wheat.
Writ : Clement Coldam v. John Newman ; slander, for saying that he was a liar and could prove it; dated, May 27, 1661; signed
*Autograph.
318
SALEM QUARTERLY COURT
[June
Fined by Major Hathorne :
Robert Temple, on 31 : 8 : 1660, for two oaths and for base and railing speeches against Mrs. Gedney and her daughter, Hana Clark ; and, on 18: 11: 1660, for railing speeches against Mary Bishop.
John French, on 25: 1: 1660, for stealing from the wife of John Gardner.
These fines entered according to the original copy given into Salem court, 25: 4 : 1661, by Hillyard Veren, cleric.
by Robert Lord,* for the court; and served by Robert Lord,* marshal.
Writ: Elizabeth Archer, attorney to her husband, Henry Archer v. Thomas White; debt; dated, June 18, 1661; signed by Robert Lord,* for the court; and served by Robert Lord,* marshal, by attachment of a parcel of land, with the corn on it.
Writ : Thomas Perry v. Mr. Philip Nelson, Mr. John Carlton and Jerimiah Jewett, executors to the estate of Mr. Joseph Jew- ett ; non-performance of an agreement by Mr. Joseph Jewett to free and discharge him of his creditors, for which he received an estate of said Perry; dated, May 27, 1661; signed by Robert Lord,* for the court; and served by Robert Lord,* marshal, by attachment of part of the farm of Jeremiah Jewitt and the land and orchard about the house of Mr. Phill. Neilson.
Writ : John Jackson v. John Newman; slander; dated, May 29, 1661; signed by Robert Lord,* for the court; and served by Robert Lord,* marshal, by attachment of house, land, and two cows of defendant.
Writ : John Wooddam, in behalf of his servant, John Smith v. John Newman ; battery, for striking said servant; dated, May 21, 1661; signed by Robert Lord,* for the court; and served by Rob- ert Lord,* marshal, by attachment of two cows of defendant.
Venire for Wenham, Salem and Lynn jurymen, dated, May 23, 1661, and signed by Hilliard Veren,* cleric. Constable of Lynn returned the names of Mr. Daniell Kinge, sr., Capt. Tho. Marshall, Mr. Olliver Purchis, Mr. Nath. Hanford and John Witt, who were chosen June 9, 1661, at Lynn town meeting, for the petty jury. John Pollin,* constable of Wenham, returned the name of Robert Gowing.
Warrant to Cornelius Kent, to appear on complaint of his mas- ter, John Whipple, for not serving out his time, according to in- denture; dated, June 19, 1661; and signed by Daniel Denison .*
John Warner, aged about forty five years, deposed that the last Monday, John Whipple bade his servant, Cornelius Kent, go to work, and he replied that he would not, because he would be gone, and immediately went away. Sworn, June 20, 1661, before Daniel Denison .*
*Autograph.
319
RECORDS AND FILES
1661]
COURT HELD AT IPSWICH, SEPT. - , 1661.
At the time set for this court, there being present but two mag- istrates and no commissioner, on this day and the next, those who had business with this court refused to allow their actions to be tried, and it was declared to be no court.
Moses Pengry, John Whipple, Joseph Jewett and John Person, the committee appointed upon the matter of the highway from Ipswich to Newbury, reported that they had held a meeting, and with a committee from Newbury, had viewed the way which New- bury men propounded to the court. They found that there must be two bridges and a great deal more of marsh to mend on this way than there would be on the other. The committee of the three towns agreed that if this way, which they now showed, were a mile nearer, they would propound this way to the court to be estab- lished as a country highway ; and if it were not a mile nearer, or within five or ten rods of a mile, the other way should hold. It was measured, and found to be but 130 poles nearer, and, consid- ering the charge would be greater this way than the other, they judged that the way near Rich. Thurill's bridge would be most convenient for the country.
Humphry Griffen, dying intestate, administration upon his estate was granted to his widow, Elizabeth, Nov. 19, 1661, by Mr. Sam- uell Symonds and Major Genll. Denison. It was ordered that an inventory be brought into the next Ipswich court.
COURT HELD AT SALEM, 26 : 9: 1661.
Judges : The Worshipfull Mr. Simond Bradstreete, Mr. Samll. Symonds, Major Generall Danyell Denison and Major. Will. Ha- thorne, Assistant.
Grand jury : Nathanyell Putnam, Ensigne Wm. Dixy, Frances Lawes, Nicholas Potter, Frances Skerry, Joseph Hucheson, Tho. Golthwrite, Frances Ingolls, Wm. Craft, Wm. Clearke, Richard Moore, Richard Kemboll, Christopher Lattamore and John Nor- man.
Joseph Whipple* deposed that his brother's man, Cornelius Kente, told his master that his time was out and he would not work, and went away until afternoon.
*Autograph.
320
SALEM QUARTERLY COURT
[Nov.
Jury of trials : Mr. Henry Bartholmew, Samll. Gardner, Nathll. Pickman, Richard Leach, Samuell Corning, William Dodge, John Kitchin, Richard Johnson, Richard Haven, John Collens, Richard Coye and John Peerce.
Civil cases :-
William Beale, attorney to Christopher Hobbs v. Mr. Peeter Oliver, being in partnership with Mr. Belveile in the year 1659. For withholding a debt of 26li. in sterling money of England, with damages, due upon a fishing voyage to said Hobbs, according to attachment. Withdrawn.
John Hart v. John Lacum and Walter Munjoy. For withholding his third part of five barrels of mackerel, which were in partner- ship among them, upon the last fall voyage. Withdrawn .*
John Legg was sworn constable of Marblehead.
William Browne, constable of Gloster, was fined for not making return of the jury of trials.
John Burton v. John Porter, sr. For taking up a young mare, branding her and keeping her in his possession without leave or consent, according to attachment, dated, 13: 9 : 1661. Verdict for plaintiff, the colt to be his.t
*Writ, dated, 24: 8: 1661, signed by Hillyard Veren,; for the court, and served by William Nick,¿ constable of Marblehead, by attachment of five barrels of mackerll of defendants.
Charles Knight, aged twenty-one years, deposed that this last mackerel voyage, John Hart of Marbelle Heade, being not fit to go to sea, hired deponent, with the consent of his partners, to go in his place. They were gone ten days and caught five barrels of mackerel. The first two or three days they caught but few, and John Lewcom and Walter Mungey scoffingly derided deponent and asked how Hart should pay him his wages, but when the mackerel began to come in, they told him that they would pay him. Fur- ther, they accepted deponent in Hart's place, and the latter paid him his wages. Sworn in court, before Hilliard Veren,¿ cleric.
+Writ, dated, 13: 9: 1661, signed by Hillyard Veren,¿ for the court, and served by Samuell Archard, # marshal of Salem.
John Burton's bill of cost, 2li. 8s. 1d.
Job Swinerton, jr., and Thomas Gardner, jr., aged about seven- teen years, deposed that they were desired by Thomas Gardner, sr., to take up a colt that was with his mare, which formerly he had sold to John Burton. They brought the colt home and John Bur- ton owned it to be his. This colt was with the mare four or five
#Autograph.
321
RECORDS AND FILES
1661]
John Pearson was fined for absence from the jury of trials, but upon his just plea, the fine was remitted.
months after she was sold. Mr. Gardner had seen it in the woods. last summer and this summer. Sworn in court.
Thomas Gardner, aged about sixty-nine years, deposed that this. colt, which Porter had branded with the letter P. was the one he sold to John Burton. Sworn in court.
John Kitchin, aged about forty-two years, deposed that the brand J. P., when he saw it, was raw and both ears were swollen. John Smith branded it and he told deponent that it was John Burton's colt. Sworn in court.
Joseph Porter, aged about twenty-three years, deposed that he very well remembered that he was with certain of his father's sons and servants, and according to his father's order, he helped mark the colt in question on the near shoulder and with a slit in the further ear, when she was but a year old, which was in May, 1660. The colt was put into the woods with another mare and colt of John Porter's, the elder, his father. They were missing in the fall, but at last were found in the north field of the ten acre lots. This colt was separated from the other mare and colt, and she cried after them until she got to them again, they being brought home on Dec. 18. Thenceforth she continued with her said dam all the winter in the plain orchard and about the house of the said John Porter, sr. Deponent further testified that on Mar. 17, John Smith, the cutter, came to cut the horses of his father, and he told. deponent that this colt was like John Burton's colt, but on examin- ation he found that the marks were not the same. In May, 1661, John Burton pounded this colt, claiming her for his own, but when let out of the pound, she went to her own dam and continued a greater part of the last summer, etc. Morgan Jones deposed the same. Sworn in court.
Henry Cooke deposed that he, being at the north field pound, had discourse with Farmer Porter about the earmarks, etc. Mr .. Gardner also went into the pound with him. The colt had been: burnt in the mouth for the lampers, etc. Sworn in court.
John Burton, jr., aged about twenty years, deposed that this colt: was one of his father's and he helped mark him, etc. Sworn im court.
Samuel Eburne, jr., aged about twenty-two years, deposed that. this was the colt that Goodman Burton bought of Mr. Gardner, and he had seen him in Burton's yard almost every day for two winters, and in the summer time in the woods, etc. Sworn in court.
John Porter, Israel Porter and William Shaw deposed concerning the earmarks. Sworn in court.
William Flint, aged about fifty-eight years, deposed that John Burton told him in March last that he had found the colt which
1
322
SALEM QUARTERLY COURT
[Nov.
Philip Harding v. Mathew Barnes. For withholding 45s. due for house rent for his wife. Withdrawn .*
Mr. Jonathan Wade v. Mr. John Croad, Mr. Walter Price and Mr. Richard Cooke. Debt of 1000li. Verdict for plaintiff. Court moderated the damage to 550li. Appealed to Court of Assistants. Capt. Geerish bound with defendants.t
he lost in January. John Porter, jr., deposed the same. Sworn in court.
Anthony Needham testified that he branded this colt with an S., at his house, etc. Sworn in court.
Hugh Jones, aged about twenty-five years, testified that he had the care of this colt the best part of a winter, when he lived with Mr. Gardner, his master. Sworn in court.
*Writ, dated, 5: 9 : 1661, signed by John Waytz,¿ for the court.
+Writ, dated, Sept. 27, 1661, signed by Robert Lord,; for the court, and served by Robert Lord,¿ marshal of Ipswich.
James Whetcoinbe, aged about twenty-eight years, testified that he had lived in the Barbados from the latter end of January, 1659 until Sept., 1661, during which time muscovadoe sugar was sold for twelve and fourteen shillings per hundred. This last summer, he would have sold for twelve shillings per hundred but could not get so much for it. The common price it passed for in taverns and common victualing houses was two pence per pound, and this was the general estimate of muscovado sugar among all men. Sworn, Dec. 9, 1661, before Thomas Savage,¿ commissioner.
Timothy Prout, aged about forty years, testified that he was in the Barbados this last summer, at the house of Mr. Jerimiah Egin- ton, " where seuerall friends were mett with Mr. William Rosewell and Liuett Richard Cooke in relation to the satisfiing Mr William Rosewell a Certaine quantite of suger for the account of Mr Jona- than Wade of Ipswich which Mr John Croade and him self and Mr Price stood Ingaged to pay as thay sayd unto mee, but by Reson of the unseasonablenes of the yeare sugers was very scars so that it Could not bee presently obtained to make satisfaction therefore the sayd Cooke tendred to secure him with the whole ships Cargoe that was then there which was worth about one hundred thousand pounds of suger besids Mr Robert Gale and Mr Jerimiah Eginton tendred to bee securitie for it but Mr Rosewell answered that hee Could take nothing but sugers therefore After much Agitation this was the Conclusion and Agreement with Mr Rosewell that Mr Nathaniell Bisco should bee paying in the sugers unto Mr John Partridge who was to receaue it for the accoumpt of Mr Jonathan Wade," etc. Sworn in court, 11: 10: 1661, before Hillyard Veren,¿ cleric.
#Autograph.
3 23
RECORDS AND FILES
1661]
Mr. George Corwin v. Danyell Killum. Debt .*
Osmand Trask v. Roger Hascall. Battery. In assaulting him upon the highway, striking him several blows with a pitchfork, bringing blood and bruising his body. Verdict for plaintiff. t
*Writ, dated, 20: 9 : 1661, signed by Hillyard Veren,; for the court, and addressed to the marshal of Salem.
+Writ, dated, 13: 9: 1661, signed by Hillyard Veren,; for the court, and served by Benjamin Balch, # constable. Roger (his mark) Haskall bound for his appearance at next Salem court. Wit: Roger Conant. #
Roger Conant,¿ Henry Herick; and Benjamin Balcht certified that they had measured the highway at the clay pit by Roger Hos- cal's hill, and found it two poles and five feet in breadth and four poles to the further part of the pit.
Summons, dated, 14 : 7 : 1661, to Osmond Trask of Salem, upon complaint of Roger Haskell that said Trask had taken away clay in a forcible manner to the damage of the highway, to appear at Epswidg court, and signed by Samull. Simonds. ;
Hosea Traske's bill of charges, 2li. 2s. 4d.
Jefferie Massey,# aged about seventy years, testified that the clay pit in the lane near the house of Rodger Haskoll was within the bounds of twenty acres of land long since granted to William Wodberie and widow Brane. Sworn before Hillyard Veren, # cleric.
Nicolas Woodbery, aged about forty years, and William Haskell, aged about forty-two years, deposed the same.
John Harris, aged about eighteen years, testified that he saw Roger Hasgall come out to Osmond Trask with a pitchfork, and strike him two blows on the head or shoulders, so that said Trask cried out, whereupon deponent's master, William Dodge, together with Jo[hn] Dodge, William Fiske and deponent ran to them. Sworn in court.
William Dodge deposed that he saw Osmund Trask digging clay over against Roger Hascall's door, and the latter threw said Trask down and told him "he would fetch yt would Sett him fur- ther." Sworn in court.
William Harskall testified that the old fence that was set up formerly did stand over part of the clay pit hole, and that the four poles set out for the highway did not reach over the said clay pit by six feet, etc. Robert Hebord deposed the same. Sworn in court, 12 : 10: 1661, before Hillyard Veren, cleric.
Georg Emory testified that he let said Trask's blood on Sept. 12, being distempered in his body. Sworn, 17: 7: 1661, before W. Hathorne.#
John Dodge, aged twenty-two years, testified that he took the #Autograph.
324
SALEM QUARTERLY COURT
[Nov.
Josiah Rootes v. Thomas Chubb. Defamation. Saying that plaintiff had stolen his timber and some of his tools, with other words of reproach, etc .*
said Hasgall away from Trask, and asked him if he would kill the. man, etc. Sworn in court.
John Saffal, aged about thirty years, testified that he was going to Salem on 14 : 5: 1661, when he heard the dispute. Roger Has- kal, being surveyor, ordered Trask to stop digging, etc. Sworn, 9: 25 : 1661, before Daniel Denison.t
John Miller, aged about twenty-two years, deposed that Hascall gave Trask leave to dig clay there.
Philip Fowlar and wife, Mary, testified that about a year since they were coming to Roger Hasscall's in the evening and both their horse and themselves were in danger from the clay pit in the high- way, etc. Sworn, Oct. 19, 1661, before Daniel Denison.t
Elizabeth Thorndike, aged twenty years and upward, deposed that she was at Haskall's house, during the stir between plaintiff and defendant, and looking out through a broken place in the window, she saw Haskall go down the hill. She did not see him strike Trask, but the latter held up his spade and made for said Haskall two or three times, etc. Sworn, 21 : 8 : 1661, before Wm. Hathorne.
William Haskall, aged fifteen years, deposed that when Traske came to get clay, deponent's father told him to go with him to the lower side of Trask's oxen. That the latter struck at his father, whereupon Haskall took up a pitchfork, etc. Trask held deponent's father by the neckcloth. About three weeks before, his father had forbidden Trask digging clay there and had driven away his oxen. Sworn, 21 : 8 : 1661, before Wm. Hathorne.t
Roger Hascoll's plea : That he had a right to his own land, according to law ; that he could bring sufficient evidence to prove his damage in having a pit nearly six feet deep laid open so near- his door, which was very dangerous for his cattle and carts, being so near his gate; that he could prove that he had possessed this land thirteen or fourteen years, and he had never forbade any person passing over it, yet they did so by his sufferance ; that he should like to know how those who said it is a highway, know it to be so, as he had enjoyed it longer than some of them had known their right hand from their left, and if it were so, he would have known it. before a stranger ; he forbade plaintiff digging clay there on account of the danger to those who passed that way, and because Trask had no need of it, having a great deal of clay at his own door much nearer than Hascoll's land ; he was continually doing damage by pulling down defendant's fences, carting over his land, letting out his cattle and letting in swine which rooted up his ground, pretending to have leave ; that he struck said Trask only in self-defence, etc.
*Writ, dated, 9: 9: 1661, signed by Hillyard Veren,t for the tAutograph.
325
RECORDS AND FILES
1661]
Nicolas Merble v. Jon. Andrews and Jeremiah Belcher. Debt. Nonsuited .*
Mr. Phillip Nelson and Mr. Jeremiah Juett, executors of the estate of Mr. Joseph Juett v. Zacheus Goold. Debt of 200li. due by bond. Withdrawn.t
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