USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 36
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Execution, dated, July 25, 1661, against William Longly and Joane, his wife, according to judgment granted to Mr. John Ha- thorn at Salem court, June 25, 1661, signed by Hillyard Veren,} cleric, and returned by Samuell Archard,¿ marshal of Salem, who satisfied execution by attachment of eleven sheep, two calves and sixteen pounds of cotton wool.
Execution, dated, 13: 10 : 1661, against Steeven Kent, according to judgment granted to Robert Hazelton, at Salem court, 12: 10: 1661, signed by Hillyard Veren,# cleric, and returned by Robert
#Autograph.
345
RECORDS AND FILES
1661]
There being a complaint made of several persons appearing in arms at Marblehead, going up and down in several parts of the town and shooting off their guns, with a drum beating before them, the town not knowing what was the matter, and several of the persons, by virtue of a warrant, appearing before Major Hathorne for examination, they confessed that they did so, but they did not think it would be offensive or contrary to law and had no evil in- tention. They were fined as follows : Richd. Hale, 10s .; Samll. Gatchell, 5s .; Jonathan Gatchell, 5s. ; and Christopher Nicholson, 5s.
Lord,* marshal of Ipsweg, deputy of Samuell Archarde,* marshal of Salem.
Mr. Baker's bill of cost, sending to Hampton, etc., 17s. 7d.
John Parmenter's bill of charges, searching for Wellam Smeth, etc., 30s.
John Godfry's bill of cost, going to Salsbury and Newbury, etc., 1li. 17s. 8d.
" Ipswich September 25th 1661
" for diat and other expences at my house 71i 138 0 and to that 1li 168 6ª for Griffins fine you were plesed to a low to the widow 1li 168 6ª and for the damag of not being at Cort I desir your Worships to make it up in all twelfe pounds
" John Baker."*
John Andrewes bill of cost, going to Hampton, etc., 1li. 8s.
Abraham Purckins' bill of cost against Cristofur Millton in an action commenced against Abraham Purckins for selling a parcel of goods and not giving him an account of them ; for going to Haver- hill, Andever, etc., and witness from Rowley and Haverhill, 1li. 8d.
Vital records [of Andover ?] :-
John and Steven, twin sons of Henry and Mary Engolls, born May 21, 1661.
Liddia, daughter of John and Mary Osgood, born Aug. 12, 1661.
Ruth, daughter of Joseph and Mary Parker, born June 2, 1661. William, son of Willi. and Mary Chandler, born Jan. 31, 1661. Sara, daughter of Ralfe and Elizabeth Farnum, born Jan. 14, 1661.
Vital records [of Ipswich ?] :-
Frances Jordan and Jane Willson married 6 : 9: 1635.
Sarah Jordan born 8 : 9 : 1636.
Hanah Jordan born Mar. 14, 163 -. Mary Jordan born Apr. 7, 163 -.
Mary Jordan died Aug., 16 -.
Mary Jordan born May 16, 1641.
*Autograph.
346
SALEM QUARTERLY COURT
[Dec.
John Porter, the younger, for profane swearing, was fined by the commissioners of Salem.
The foregoing fines were to be entered in the account to the treasurer, at the June court, 1662.
Lydia Jordan born Feb. 14, 1643. Deborah Jordan born Dec. 4, 164 -.
Georg Farough and An Whitmore married 16 : 11 : 1643. Mary Farough born Jan. 6, 1644.
Martha Farough born Feb. 25, 164 -.
Febye Farough born May 7, 165 -.
Thomas Stace and Susana Wooster married 4 : 8: 1653.
Thomas Stace born July 6, 1654.
William Stace born Apr. 21, 1656.
Rebeckah Stace born Dec. 7, 1657. Elizabeth Stace born Apr. 16, 1659.
Joseph Stace [born?] June 27, 1660.
Mary Stace born Nov. 7, 1661.
Tho. Harris and Martha Lake married Nov. 15, 1647. Thomas Harris born Aug. 8, 1648.
Martha Harris born Jan. 8, 1650. John Harris born Jan. 7, 1652.
Elizabeth Harris born Feb. 8, 1654.
Margrett Harris born Aug. 6, 1657.
Mary Harris born last of Jan., 1659.
William Harris born Dec. 12, 1664.
John Brewer and Mary Whitmore married 23: 8: 1647.
Mary Brewer born Sept. 23, 1648.
John Brewer born Oct. 6, 1653.
Sara Brewer born Mar. 27, 1655.
Mary, daughter of Tho. Tredwell, born Sept. 29, 1636. Nathaniell, son of Tho. Tredwell, born 13: 12: 1638. Hes-, child of Tho. Tredwell, born Mar. 21, 1640. Matha, daughter of Tho. Tredwell, born Mar. 16, 1643.
Births and deaths in Topsfeild in 1661, returned by John Red- ington,* clerk :-
Sara, daughter of John and Sara Cumings, born Jan. 28. Benjamen, son to Abraham and Margret Redington, born Apr. 19. Ebenezer, son to Fraunces and Ane Bates, born Jan. 20. A son to Isack and Mary Cumings, born and died, Nov. 2. John, son to Thomas and Elen Dorman, died Jan. 16. Calthorn, daughter to Jacob and Calthorn Towne, Feb. 25.
*Autograph.
347
RECORDS AND FILES
1661]
COURT HELD AT IPSWICH, Mar. 25, 1662.
Judges : Mr. Samuell Symons, Major Genrll. Denison and Majr. Will. Hathorne.
Grand jury : Tho Bishop, Tho. Clarke, Jer. Belcher, Andr. Hodges, Dan. Hovey, John Brewer, Will. Tittcombe, Lionell Worth, Hen. Jaquis, Rich. Swan, Will. Stickny, James Bayley, Andrew Allin and Will. Evans.
Jury of trials : Sergt. Tho. French, John Dane, John Perkins, Jacob Perkins, John Anabell, Will. Wyld, Hen. Hunt, Will. Ilslye, Tho. Thurrell, Ezek. Northend, William Tenny and Isaack Estick.
John Wild was sworn constable for Topsfield, Henry Jaquis for Newbury and Edward Lomas for Ipswich, for the ensuing year.
Obadiah Wood of Ipswich and Thomas Wood of Rowley were made free.
Christopher Palmer and Walter Roper, guardians to Joseph Palmer v. William Sawyer. Trespass. For detaining, making use of and refusing to deliver a parcel of salt marsh of twelve acres more or less, which was sometime William Palmer's and now of right belonging to Joseph Palmer, by the grant of John Sherman. Verdict for plaintiff, his title good .*
Christ. Palmer and Walter Roper, guardians to Joseph Palmer v. Will. Ilslye. Trespass. For possessing, making use of and refusing to deliver a house and four acres of land, sometime Wil- liam Palmer's and now of right belonging to Joseph Palmer, by the grant of John Sherman. Verdict for plaintiff, his title good.t
Christopher Palmer and Walter Roper, guardians to Joseph Palmer v. Tristram Coffin, constable, in behalf of the town of New- bury. For refusing to resign up and to lay out a parcel of land, meadow and upland granted by the town of Newbury to William Palmer and of right belonging to Joseph Palmer, by the grant of John Sherman. Verdict for plaintiff, his title good .;
*Writ, dated, Feb. 28, 1661, signed by Robert Lord,§ for the court, and served by Robert Lord, § marshal of Ipswich, by attach- ment of house and land of defendant.
¡Writ, dated, Feb. 28, 1661, signed by Robert Lord,§ for the court, and served by Robert Lord,§ marshal, by attachment of house and land of defendant.
#Writ, dated, Feb. 28, 1661, signed by Robert Lord,§ for the § Autograph.
348
IPSWICH QUARTERLY COURT
[Mar.
Andrew Hodges v. John Newman. Slander. Verdict for plain- tiff. Defendant to make acknowledgment the next lecture day in the public meeting house or to be fined.
court, and served by Robert Lord,* marshal, by attachment of house and land of defendant.
Warrant, dated, Mar. 15, 1661, to Tristram Coffin, constable of Nubury, and signed by Robert Lord,* for the court.
Joseph Palmer chose his brother, Christopher Palmer of Hamp- ton and Walter Roper of Ipswitch as guardians. Copy of Hampton court record, 8 : 8: 1661, made by Thomas Bradbury,* recorder.
Christopher Palmer,* on Mar. 10, 1661, gave Walter Roper power of attorney to settle the case. Wit : Robert Lord .*
In consideration of William Sawyer's resigning up into the town's hands four acres of land at the old town, which was formerly William Palmer's land, by Daniell Peirce's land, there were granted to said Sawyer four acres to be laid out with his eight acres of " divident land." Laid out to William Sawyer twelve acres of land in the great field of " divident land," beyond the Newtowne, bounded by Mr. Gerrish's land on the east, Gyles Cromlon's land on the west, the way on the north and the common on the south. Copy taken out of the town book by Anthony Somerby .*
In consideration of William Sawyer's resigning up into the town's hands ten acres of marsh of the twelve acres which were formerly William Palmer's, by the ox common, there were granted to said Sawyer ten acres of that marsh called Jericho. The other two acres he reserved at the north end, bounded by a creek on the north and west and joined to William Ilsly's land on the east. Laid out to William Sawyer ten acres of marsh, at the marsh called Jericho, bounded by Benjamin Roafe's land on the north and David Wheeler's land on the east, and William -, Tristram Coffin's and Samuell Plumer's land on the south, and running on the west end of Samuell Plumer's land to a little creek, which runs into the great creek on the south west corner, and so running by a great pond on the west on a straight line to Benjamin Roafe's land. This land extended all the breadth of Samuell Plumer's land on the west end, half a rod below the old staddle. Copy taken out of the town book by Anthony Somerby .*
Copy of several grants of land made by the town of Nuwbery to William Palmer, as recorded in the town book by Anthony Somer- by :* A house lot of four acres, bounded by Thomas Moulton on the north, James Rawlins on the south, the street on the west and the planting lots on the east ; twelve acres of salt marsh, bounded by Nathaniell Wier on the west, John Moulton and William Easton on the east, Thomas Cromwell on the north and a great creek on the south ; four acres of upland bounded by Rich. -;
*Autograph.
349
RECORDS AND FILES
1662]
Obadiah Wood v. Richard Kimball. Trespass. For taking a heifer out of his yard and detaining her. Verdict for plaintiff .*
and eight acres of "divident land" in the field about the new town. Deed, dated, Oct. 6, 1647, Christopher Palmer,t in behalf of Ann Palmer, widow of William Palmer of Hampton, for eight pounds, sold to William Sawyer of Newbery, the house and house lot at the old town at Newbery, which belonged to said William Palmer, together with twelve acres of marsh adjoining William Elsly's, Samwell Plomer's and Samwell Scullerd's land, and four acres of upland adjoining the ox common and Richard Kent's land, now common, also seven acres of division land beyond the new town. Signed by Ann (her mark) Plomer. Wit: Richrd. Knight; and William Ilsly.t
" I Francis Plumer of Newbery do herby declar that I giue my Consent to the bargin My wife An Plomer haue made as in the other sid Expresed." Francis (his mark) Plumer. Wit : Richard Knightt and William Illsey.t
Robert Lord, t aged fifty-eight years, deposed that he heard Wil- liam Sawyer tell of the exchange of land, etc. Sworn in court.
Deed, dated, 10: 1: 1645, William (his mark) Palmer# of Hampton, yeoman, in consideration of a release of a parcel of land in Great Ormsbye, in old England, by his daughter Martha Palmer, now the wife of John Sherman of Watertown, in which his said daughter had an interest to the value of 105li., sold to the said John Sherman and Martha, his wife, his dwelling and house lot and all other land at Newberry, about twenty acres, also all his houses and land in Hampton, about one hundred and ten acres of upground, meadow and marsh, most of it already laid out, as mentioned in the town book of Hampton, with all commonage, etc., also " three cowes, two yerlen steeres, Calfes & one sucking Calfe & all my houshould stuff my weareing Close only excepted." Wit : Timothie Dalton; and Willm. Howard .; Acknowledged, Mar. 12, 1645, before Samuel Symonds.t
*Writ : Obadiah Wood v. Richard Kemball; trespass, for his grandchild, Robert Dutch, taking a heifer out of his yard, etc .; dated, Mar. 19, 1661 ; signed by Robert Lord,t for the court; and served by Robert Lord,¡ marshal.
Obadiah Wood's bill of charges, Mar. 26, 1662, 1li. 16s. 9d.
Martha, wife of Thomas Harris of Ipswich, deposed, on Mar. 25, 1662, that being at Robert Duch's house, and Goodman Kemball being there also, Goodwife Wood came in and was much troubled that the boy had taken away the heifer. Goodman Kemball said that he would uphold the boy in what he had done, and that Good- man Wood did no better than steal the heifer from among his cattle
tAutograph. #Seal.
350
IPSWICH QUARTERLY COURT
[Mar.
John Fuller and John Hathorne, attorneys to the town of Linn v. William Longly. Review. Withdrawn.
or off his common. Deponent replied that she thought the common belonged to Goodman Wood and others as well as to Goodman Kemball. Sworn before Samuel Symonds .*
John Sparke, aged twenty-seven years, deposed that he went along with John Harde to Solsbery, where the heifer about which his brother Wood and Goodman Kemball were in controversy was kept, and he found it to have the same marks everyway as John Harde described before Deacon Pingry and himself, before he went to Solsbery. The marks were a little white spot on her side, brownish tail and legs, black horns, bending a little inward, and without any earmark, and he saw said Harde single out the heifer from all the rest of the cattle, etc. Sworn in court.
Nathaniell Lummas, aged about twenty-one years, deposed on Mar. 26, 1662, that this heifer lay three nights in his father's yard in the beginning of last winter after the snow was upon the ground, and that deponent, living with Deacon Pengree winter before last, knew well old Goodman Kemball's yearlings, etc. Sworn in court.
Moses Pengry and Lydia, his wife, deposed that the beginning of last winter plaintiff inquired of them for a black heifer, etc. Sworn in court.
Thomas Smith, aged about fifteen years, deposed that this heifer went with Goodman Kimball's cattle all summer, etc. Sworn in court.
Goodman Hart and Samuel Hart, his son, deposed that Obadiah Wood came to their house about November last to inquire for a heifer of a blackish brown color, and they told him that they had seen none lately, but two young cattle of Goodman Kimball's, a heifer and a steer, and also a cow and a calf of his. Said Wood told them, if they saw such a heifer to take her up, and demanding what earmark she had, his answer was that it was no matter whether she had one or not, etc. Sworn in court.
Edward Lummas, aged about fifty-eight years, deposed on Mar. 26, 1662, that Goodman Wood, the baker, came to him and asked if he had seen a heifer, and said " I will tell you how you may know her by this : if you Com neare And hold out your hand to her, the heffer will Com to you, for I used to give her " BisCake," which deponent did, and she came to him. When said Wood took the heifer, he told deponent that if anybody had a better claim, he would give her up, etc. Sworn in court.
James Sanders, aged about nineteen years, deposed that he was formerly the servant of Jacob Pirkins, and Goodman Wood put a calf to his master to summer, which was constantly in his sight,
*Autograph.
351
RECORDS AND FILES
1662]
John Hathorne v. Robert Lord, marshal. 3 For illegal and unjust taking away of his horse in pretence of an execution. With- drawn.
Henry Collins v. Robert Lord, marshal. For illegally levying an execution upon his person. Verdict for defendant .*
he bringing them up every night into the cow yard, etc. Sworn in court.
John Numarch, aged about sixteen years, deposed that being near neighbor to Jacob Pirkins, he often saw this heifer in the street near the gate by Jacob Perkins' house, etc. Sworn in court.
John Hardy, aged about sixteen years, deposed that he was a near neighbor to Jacob Perkins, etc. Sworn in court.
Thomas Kimball deposed that the heifer was wintered at his father Kimball's, and being there once or twice every week, he took good notice of the cattle. About the middle of May, this heifer and a steer were left on Egypt river plain, etc. Sworn in court.
Caleb Kimball and Robert Dutch deposed about the heifer, and the former declared that this heifer was at Henry Bennott's farm the summer before, and that Obadiah Wood told him that this heifer had a slit in the ear, etc. Sworn in court.
*Writ, dated, Mar. 3, 1661-2, signed by Francis Johnson,t for the court, and served by Samuell Archer, t marshal.
Execution, dated, Oct. 14, 1661, to Henry Colling and John Hathorn, in behalf of the town of Lynn, to satisfy judgment granted to William Longlye at last Ipswich court, signed by Rob- ert Lord, j cleric, and returned by Robert Lord,f marshal, who attached a horse of John Hathorne's, appraised at 15li., and deliv- ered to William Longlye. Henry Collings of Lynn having no goods to attach, and refusing to go to prison, said Hathorne also declining to assist the marshal, the latter was not able to finish the levying of the execution.
Writ : William Longly v. Inhabitants of the town of Lyn ; for withholding and not laying out forty acres of land, etc. ; dated, Mar. 20, 1660-61 ; signed by William Cowdry, for the court; and served by Jonathan Hudson, constable, by attachment of Lynn's common. Copy made, Mar. 13, 1661, by Robert Lord,t cleric.
Robert Lord'st complaint : That going to Lyn to serve the exe- cution upon Henry Collings, having read the execution and de- manded goods to satisfy the same, but said Collings tendering none, he was forced to levy the execution upon his person, which having done, he required Sergt. Mansfield and John Hathorne, by the authority of the country, to assist him to bring him to prison. The said Hathorne not only refused, but rescued the prisoner,
tAutograph.
352
IPSWICH QUARTERLY COURT
[Mar.
Andrew Mansfield v. Edward Richards. Debt. Withdrawn.
thrusting him toward the house, speaking mutinously, saying, "if I were as Goodman Collings if any man should lay hands on him to drag him to prisson or draw him to prisson he would trye wch was the best man," etc. John Hathorne also interrupted him in his office and said the marshal was a lying, prating fool and knave, and would prove him so, and when some one who heard it re- proved him for so speaking to an officer, he said he would make it good.
Henry Collins testified that when Marshal Lord had levied his execution and asked assistance, he turned to deponent, who had no hat upon his head, and said that they had better go into the house because it was very cold weather. Whereupon John Ha- thorne said " lett vs goe in to the House & discourse of things there," and John Hathorne did not thrust deponent into the house, but was at a distance from him when this discourse oc- curred in the yard, until they turned to go into the house. Sworn in court.
Joseph Humfrey, aged about twenty-one years, deposed that he was at Mr. John Hathorne's house in Lynn when the marshal, Robert Lord, came with Goodman Longley to satisfy his execution, as he pretended. Mr. Hathorne told him he would go and show him the town's estate, but the marshal said he was bound to go no further than the door and went out and seized the horse, etc. Sworn, 25: 1: 1662, before Wm. Hathorne .*
Robert Burges, aged about forty years, deposed that Collins said there were cattle in his yard, which they could seize, and a colt belonging to his son, but the marshal and Longly were not sure that they belonged to Collins and so levied the execution upon his body. Later, Longly told the marshal to take some horses and mares in the yard, but the latter said it was too late, because he had seized upon his body, etc. Sworn, Mar. 22, 1661-2, before Ed. Batter* and Wm. Hathorne,* commissioners.
Edward Ierson, aged about sixty-two years, deposed that Collins told the marshal that the debt was not his, and that he should go and take the common, and the marshal said if Collins paid it, the town should pay him back. Then Collins told him that he should have twenty acres of his own land about his house, or, he said, " here is the Towne Comon before my dore take that for your satisfaction," all of which the marshal refused.
John Collins, aged about thirty years, deposed that the marshal said it was a bad time to view land then, etc.
Jonathan Walkett also deposed.
Edward Ierson and Jno. Collins testified that Henry Collins ten- dered the marshal forty acres of land up in the country, formerly
* Autograph.
353
RECORDS AND FILES
1662]
John Godfry v. Job Tyler. For not giving security according to promise for an estate of his that was in defendant's hands. Verdict for plaintiff .*
set out to him by the town of Lynn, or the land that he formerly attached, being a part of the town common " by Or burieing place," and if he would go to the meeting house, he should have goods to satisfy the execution. Will. Longly said he could not compel the marshal to travel, and the marshal said he was not bound to go further than the house or yard of said Collins, etc.
Henry Collins and John Collins testified that the three men, ap- pointed by the court to see this forty acres of land set out, said if they adjudge the land worth seven or eight pounds, they would have accepted it.
The foregoing five depositions were sworn to, 17: 1: 1661-2, before Mr. Batter and Wm. Hathorne.t
William Longley deposed that when the marshal came to levy the execution upon the house of John Hathorne, the latter brought the constable and attached the marshal's mare, and said Hathorne accused the marshal of lying backward and forward. The second time the marshal came to Lyn to Collins' house, he refused to go to see the forty acres because he understood it to be five or six miles away, etc. Hathorne refused to assist the marshal, saying, " I owne the authority of the country but you I will not owne, I will see better cloths upon your back first," and, when the marshal told him he was not such a fool as to serve the execution twice, said, " I hope I shall make a fool of you before I have done with you," etc. Andrew Mansfeild testified the same. They also testified that they were present when Robert Burges, constable, attached the marshal's mare, and also arrested the latter's person to fill the attachment. The marshal agreed to give his bond, but it was not accepted, and William Longlye said he would give his bond, but that was not accepted. Then John Hathorne said he must go to Boston prison, but if Andrew Mansfeild would give his bond, it would be accepted. The constable seemed to be willing that the mare should be returned, but upon words of said Hathorne, it was not done, and the marshal went his way, the mare being detained. Sworn in court.
*Writ, dated Mar. 12, 1661-2, signed by Edmond Fawkner, t and served by Thomas Chandler,t constable of Andover, by attach- ment of house and land of defendant.
John Godfre's bill of charges, 2li. 18s. 4d.
Henry Ingalls, aged about thirty years, deposed that Goodman Tillar came to his house on the tenth of the present month and desired him to go with him to John Godfre's to testify that he would satisfy him for all that he owed him to a farthing, etc.
tAutograph.
354
IPSWICH QUARTERLY COURT
[Mar.
John Godfry v. Job Tyler. Review of a case tried at last Salem court. Verdict for defendant. The court did not accept the verdict .*
John Carr, aged about twenty-three years, deposed the same. Sworn in court.
Anthony Somerby, aged fifty-two years, testified that when Job Tiler made writings to John Godfry for the estate of John Godfry, which he had in his hands, he promised to give the said John Godfry further security for the said estate, and that the further security was to be a mortgage of said Tyler's house and land. Sworn in court.
Thomas Chandler, aged about thirty-five years, going to Job Tyler's with John Godfre, heard Tyler say that he could give no more security, etc. Sworn in court.
Andrew Allen testified that John Godfry was at work with him at deponent's house, etc. Sworn in court.
Moses Tyler also deposed. Sworn in court.
John Carr, aged twenty-three years, testified that he heard John Godfry say to Job Tyler that he would stand to his bonds, for they were sufficient to recover his pay. Sworn in court.
*John Godfry v. Job. Tiler; review, concerning a receipt for twenty bushels of wheat, which said Tiler had paid to Robert Lord, sr., upon said Godfry's account, and which receipt Tyler refused to deliver, etc. ; dated Dec. 17, 1661; signed by Richard Littlehale, t for the court ; and served by Thomas Chandler,t con- stable of Andover.
Copy of Salem court records of 10: 10: 1661, concerning this action, and also copy of summons, dated 8: 9: 1661, and signed by Richard Littlehale, for the court, made by Hillyard Veren, t cleric.
Copies of depositions of George Abbot, Thomas Chandler and Anthony Somerby, taken from Salem court records, by Hillyard Veren, t cleric.
Edward Emmans deposed on Jan. 28, 1661, and Mary, his wife, deposed on Mar. 18, 1661, that John Godfry and Jobe Tilar were at their house last spring, and the latter acknowledged that he owed John Godfry a great deal upon several bonds and said that he must needs commend John Godfry for his fair dealing with him in delivering to him at Goodman Summarsbee's house at Nubearey a bond of fourteen pounds in wheat and rye last spring. At the same time, Tilar said that he had delivered twenty bushels of wheat to Robart Lord, sr., of Ipswich, and he engaged to pay five pounds to Mr. Cuerrell of Salam for John Godfry's use, etc. Deponents also said that Tilar brought them sixteen shillings worth of trade which Godfry had upon Tilar's account at Salam.
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