USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 37
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355
RECORDS AND FILES
1662]
John Godfry v. Job Tyler. For not paying five pounds to Mr. Corwin of Salem, according to promise, which was part of a bond that plaintiff delivered defendant at Anthony Sumerbye's. Verdict for defendant. The court did not accept the verdict .*
Isaack Commings v. John Fuller. For taking out an execution and unjustly imprisoning him, in satisfaction of a judgment which said Commings had settled many years since. Verdict for defendant .*
Job Tilar also said that Godfry had helped him to corn when he could get none, etc. Sworn before Daniel Denison.#
Peter Godfry, aged about thirty years, deposed. Sworn in court.
Anthony Somerby,# aged fifty-two years, deposed. Sworn in court.
Moses Tillar, aged twenty years, and John Carr, aged twenty- three years, deposed that John Godfre desired Goodman Tillar to carry some wheat to Mr. Corell for the said Godfre, for if the latter should forfeit his bond with Mr. Dan, he would have to go to prison. So Goodman Tillar said that he would carry ten bushels and a half to Mr. Corill, and if that was not enough, he would put the rest upon his own account, provided he would credit him on the next bond that was due, etc. Sworn in court.
*Writ, dated Feb. 12, 1661, signed by Edmond Fawkner,¿ for the court, and served by Thomas Chandler, ¿ by attachment of three young cattle.
Job Tyler's bill of costs, 50s.
John Carr, aged abont twenty-three years, Moses Tyler, aged about twenty years, and Mary Tyler deposed that there were three bonds due, the first to be paid Mar. 1, 1662, and the others the two years following. Sworn in court.
+Writ, dated Mar. 8, 1661, signed by Robert Lord,; for the court, and served by Robert Lord,¿ marshal of Ipswich.
Jno. Fuller's bill of cost, 1li. Ss. 3d.
Katerin Wakeline testified that when she lived with John Fuller, she saw Isaake Cummings, the younger, bring a parcel of corn upon a sled with oxen, and said Fuller received the corn and carried it into his chamber, tearing one sack and spilling corn as he carried it up the stairs. This was confessed by the defendant.
Issaack Coming, jr., testified that soon after John Fuller obtained a judgment against his father at Ipswich court upon his appeal from Mr. Symonds' judgment about damage by hogs, his father sent him with corn in sacks upon a sled to Fuller's house and he delivered it to said Fuller, the latter's Irish servant being in the house. Ful- ler declared that he was fully satisfied, and deponant never heard
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356
IPSWICH QUARTERLY COURT
[Mar.
Ossmond Dutch v. John French. For keeping back some cloth and [spoiling .- Waste Book.] his coat and a suit of his son's. Verdict for plaintiff.
Robert Day v. Robert Burges. Trespass. For illegally attach- ing his mare, which he was forced to replevin, having no warrant against him. Verdict for defendant .*
Mr. Samuell Symonds, gent. v. William Reiner. For illegally possessing and improving about twenty acres of land and detaining
any further demand made, until the marshal served the execution and put his father in prison, etc. Sworn in court.
Robert Lord, marshal, deposed that he heard Isacke Comins say that when he carried the corn to John Fuller, the snow was so deep that he went over the top of the fences with the sled. Sworn in court.
Samuell Aiers, aged about forty years, deposed that John Fuller served a warrant upon Isacke Comens for hire for a horse, and the latter said he would satisfy the debt and would not go to law. Comens had Indian corn with him, lacking one peck, which depo- nent loaned him to pay the horse hire. This was about the time that Goodman Comins was at suit before Mr. Simons about hogs. Sworn in court.
Theophilus Wilson and John Porter deposed that when John Fuller and Isack Comins, jr., met at Wilson's house, etc. Sworn in court.
*Copy of Ipswich court record of Apr. 17, 1662, Robert Day's complaint concerning the bill of cost in Robert Burges' case. Copy made by Robert Lord,t cleric.
Robert Burges' bill of cost, for keeping the mare about fourteen days, 10s. 6d., for going to Marblehead for warrants, 3s., and for going to Ipswich, Lynn and Salem, etc.
John Fuller and Edward Richards deposed that they heard Robert Lord, marshal, say that the mare that was replevined out of the Lynn constable's hands, was in partnership between his father or father-in-law and himself. Also, that when John Hathorne said that he, the said marshal, several times at Lynn denied the mare to be his, the said marshal owned he did so declare. This was con- fessed by the marshal.
Robert Burges, aged about forty years, deposed that when he arrested the marshal of Ipswich upon the action of Jno. Hathorne, he also arrested a mare the marshal had with him. Then the mar- shal asked him if he had attached his mare or horse and deponent said " if it be yours I have attached it," whereupon the marshal said it was not his, etc. Sworn, Mar. 22, 1661-2, before Edmond Battert and Wm. Hathorne, t commissioners.
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357
RECORDS AND FILES
1662]
it from him, which land extended from the fence by said Reynour's toward Wennam town to the utmost extent of the bounds between Ipswich and Salem, beyond a little house late in the possession of Thomas Hobbs, which Thomas Fiske bought of the said Hobbs Verdict for defendant .*
John Emery and wife Mary v. James Merrick. For detaining and keeping Issraell Webster, son of the said Mary Emery, without con- sent of John Emery and wife Mary, or any other person who had oversight of him. Withdrawn.
Daniell Clarke v. John How. For not returning a pair of oxen which he had of the said Daniell for half a day to fetch straw at William Hunter's, about the latter end of wheat harvest. Verdict for defendant.t
*Writ, dated Mar. 17, 1661, signed by Robert Lord,; for the court, and served by Robert Lord,# marshal, whom Theophilus Wilson,¿ constable of Ipswich, made his deputy, by attachment of house and land of defendant.
Copy of the grant by the town of Ipswich, Feb. 28, 1659, to Mr. Symonds, taken out of the town book, Feb. 29, 1659, by Robert Lord, ¿ clerk : " Whereas the Comitte (desired by the Towne last mee- to considder and determyne what sattisfaction should be al- owed to m' Symonds upon his resigning of the Land betweene him and the maior Genrll) That he shall be sattisfied out of a psell of Land belonging to this Towne lyeing upon the bounds of Wennam neare Pleasant Pond to the value of Twentye pound att the least. Now if the Towne thinks the whole psell be about the same value ; or that the overplus will be of no great benifitt to another man It is ppounded that he may haue it himselfe, wch will spare priseing of it, and the charge of fenceing."
+Writ, dated Feb. 21, 1661, signed by Robert Lord,# for the court, and served by Robert Lord,¿ marshal.
John How's bill of cost.
Evene Morris deposed concerning the pair of oxen called " stare & burnette," which his master Daniell Clarke lent to John Houe for half a day to carry straw from William Hunter's, about the latter end of wheat harvest. " When John Howe asked my master for the oxen he tould John Houe he could not posibly goe over the swampe, for we had serched the swamp in dry times & could not finde any place to goe over with Cattell in the yoke and the answer of John Houe was that he had found a place to goe over as firme as the grounde was we all three was at worke upon : which was ferme ground as is troden upon by men for it was a great hill my master Replyed he wondered at it, for havinge ocation to Carte there he had #Autograph.
358
IPSWICH QUARTERLY COURT
[Mar.
Robert Lord, marshal v. Abraham Drake and William Fifield. For illegally taking away a horse out of the custody of the law. Withdrawn.
Robert Lord, sr., attorney to Edmond Greenliefe v. Nathaniell Boulter. For withholding two calves, two muskets and a bushel of Indian corn, taken by execution and appraised. Nonsuited.
as alsoe myselfe made dilegente serch and could finde no safe goinge ouer eny where John Houe replyed he had firme grounde to goe ouer where Thomas Andrese went with a lode or lodes of buttes, my master replyed I strange yt it but if it be soe you shall haue the oxen, but I will not haue my Cattell to goe ouer | yt place | with a laden carte for I knowe it is unpossible by agremente be- twixt John Houe and my master Clarke was to helpe John Howe that day he had the oxen in the afternoone aboute his strawe Cary- inge for John Houes worke in the forenone, & that the Cattell might be out of the yoke before night although John Houe sayd it would be done in twoe honers yet we left worke betymes in the forenone & went to dinner, and then John Houe and I droue the oxen out of my masters yearde into John Houes worke and soe to Thomas Bakers, wher John Houe said he should have more oxen but Thomas Baker was at plowe and would not breke ofe, and John Houe then sent me hombe with his arrende that when Thomas Baker left off at plowe then John Howe and Thomas Baker & Thomas dorman would goe them selues for the strawe, but when I had done the message my master bade me goe bake againe and tender your halfe dayes work & tell John Howe that I will not haue my Cattell in the yoke by night nether will I trust my Cattell with them, & unless you goe alonge withem that you may see ther usage and tell me and tell John Houe that I will not haue my Cattell goe ouer the swampe at all, which message I did to John Houe, and his answer to me was this then the more the meriere and soe we went Ephraim Dor- mon, John Houe & my selfe, and when we cum to the swampe I did refuse to goe in to the swampe for John Houe had noe other way to goe and then it was quitte night but Thomas Baker & John Houe although I stopped the bullocks droue them in wher we stode in the swampe three howers or ther about hainge & geinge when we could not see ech other nor abeast unlese we did in a maner ether touch the beast or the partye Thomas Baker said that they should goe into the swampe, and when they ware in he many tymes vowed that they should drawe it out or els they should staye in till the morninge but at the last we all three unyoked the bullocks though contrary to masters order, and beinge very darke and the swampe thicke they could be sene no more," etc. Sworn in court.
William Hunters deposed that Daniell Clark said, at deponent's house, that he bid Even Moris see that the cattle were unyoked at Mr. Baker's field Sworn in court.
359
RECORDS AND FILES
1662]
Robert Dutch v. Edward Harrenden. Debt. Withdrawn.
Mr. Samuell Bradstreet, attorney to Mr. Symon Bradstreet v. John Redington. Trespass. For possessing and holding a parcel of land in Topsfield. Verdict for plaintiff, the land in contro- versy .*
Thomas Backer deposed that after the case had been debated in court, Danill Clark told him that deponent had killed his ox, to which deponent replied, " You have toulld me so dinars times but how did I kill him ?" Clark said, " With a pichforck you ron into him." Sworn in court.
William Parckins deposed. Sworn in court.
John Wild deposed that being lost on a very dark night in the swamp, he saw How, Baker and Morris with the load of straw thrown down to get their oxen out, and that it was about three hours after dark when they got them out, etc. Sworn in court.
Thomas Baker, aged about twenty-five years, deposed that soon after the last wheat harvest, John How and Efen Moris came to his house with a pair of oxen and asked deponent to loan them a pair to help with a load of straw. Deponent told them that they could have them if they could find them, but they could not and said they would get one of Goodman Dorman's sons to help load the straw. Said Moris went home again, and deponent told Howe that about half an hour before sunset, he would help him, and as he was driving, Moris said that he should not meddle with his oxen and bade deponent give him the stick, etc. Deponent asked Danell Clarke why he sent Moris back again when John How had sent him home, and he said because he could trust nobody with his oxen, etc. Sworn in court.
* Writ, dated, Feb. 27, 1661, signed by Daniel Denison,f for the court, and served by John Wiles, t constable of Topsfeild.
Samuell Bradstreete's bill of charges, 2li. 11s.
Granted at a general meeting, 7: 12: 1639, to Mr. William Paine, 260 acres, in consideration of resigning up 200 acres, which lay on the south side of the river, to be laid out by Goodman Dorman and the lot layers ; and in case there be overplus in the place formerly viewed, adjoining to Mr. Symonds, Mr. Whitting- ham, Mr. Brodstreet and " my owne wch I bought," he was to leave it between Mr. Broadstreet and himself and a way of six rod broad, to lead from Mr. Bradstreet's in common near Mr. Whit- tingham's farm. Copy from Ipswich town book, taken, Mar. 13, 1661, by Robert Lord, t clerk.
Granted, 20 : 11: 1647, to William Paine, the other part of the said farm lying nearer the town by Mr. Whittingham's, bounded by the land of Mr. Symon Bradstreet and Mr. Whittingham's toward
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360
IPSWICH QUARTERLY COURT
[Mar.
Richard Bellingham, Esq. v. John Pickerd, guardian to Nehe- miah Jewett. Trespass. [For withholding a dwelling house and a four acre lot .- Waste Book.] Verdict for defendant .*
the south and southwest, Mr. Samuell Symonds on the northwest, a point coming to the four mile brook, having the land of Mr. Bradstreet on the east and of Mr. Rogers on the northeast, the whole farm containing 400 acres. Copy from Ipswich town book, taken, Mar. 13, 1661, by Robert Lord, t clerk.
Granted to Mr. Bradstreete, a narrow strip of land between him and Mr. Whitingham, to reach up to the place where Mr. Paine's and Mr. Whitingham's join, or the nearest place of joining. Copy from Ipswich old town book, taken, Mar. 31, 1660, by Robert Lord,t clerk.
John Wilds testified that John Reddington is the owner of the piece of land in controversy, and that he fenced it in and built upon it. Sworn in court.
Corporal Gage testified that when he laid out Mr. Payne's farm, which is now in possession of John Reddington, there was left out a long slip of land between it and Mr. Whittingham's farm at one end, butting on Mr. Bradstreet's farm about sixteen or eighteen rods broad, and so running up between Mr. Whittingham's farm and Mr. Payne's, from Mr. Bradstreet's farm to the dark swamp about half a mile in length. Sworn in court.
Ensign Howlet also deposed the same concerning this land in Topsfield. Sworn in court.
Thomas Dorman, sr., deposed that at a meeting at Goodman Lomkins, Mr. Bradstrat propounded for 200 acres of ground upon the hill before Mr. Parkinsis. The lot layers were asked how much common land there was and they said 300 acres, and there being so little, the town would not grant it. After this Mr. Bradstrat and Mr. Pain had some words, and the latter told Brodstrat that he had harmed him in that he could not come to the common. Mr. Brodstrat propounded for the slip of land, which was sixteen rods wide at one end and like a " share pind " at the other. The lot layers were called and told him that it would not help him to the common, yet with much importunancy, he had it granted to him. Sworn in court.
*Writ: Richard Bellingham, Esq. v. John Pickard, guardian of Nehemiah Jewett, Samuel Plats, Henery Royolly, John Grant, John Tod, Thomas Leaver, Thomas Wood, William Law, John Pallmer, Marke Prime, James Barker, sr., John Dresser and Faith Smith, widow ; for illegal entering into and unjustly withholding a dwelling house and a four acre lot, with the lands, arable ground, meadow, pasture, commons, and all buildings and fencings, all in Rowley, which was formerly in possession of William Bellingham,
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361
RECORDS AND FILES
1662]
deceased, and since in the possession of Richard Bellingham, his brother ; dated Mar. 19, 1661-2; signed by Robert Lord,* for the court ; and served by John Tod,* constable of Rowley, by attach- ment of the houses, lands and cattle of defendants.
Samuell Platts confessed in court, before Robert Lord,* clerk, that he did possess a part of that land which was sometimes Mr. William Belingham's, late of Rowley, deceased.
Richard Longhorne, aged about forty-five years, deposed that Mr. Samuel Bellingham let to Mr. Richard Balley and himself all the farm which was Mr. William Bellingham's of Rowley, together with four oxen and one cow, for the term of two years, following the decease of said Bellingham, and put the tenants in hope of letting them one mare which the said Samuel hoped he should ob- tain of his father, master Richard Bellingham. But after earnest entreaty, Mr. Samuell could not obtain it. In this lease, liberty of the great chamber, house and cellar, if there were need, was ex- cepted for the use of Mr. Richard Bellingham to dwell in if he saw cause to come, else all was let to deponent and Balley, and if Mr. Richard had any other liberty, it was upon the tenants' sufferance. Sworn in court.
Copy of will of William Bellingham, proved in Ipswich court, 24 : 7 : 1650, taken out of the book of records for the County of Essex, in folio 83, 1650, by James Chute .* He ordered that " my debts be paide, as I haue formerly ordered, that is to say that John Smith haue the little heifer at Merimacke; & the rest in Corne ; for John Aslet, if it appeare upon reckoning that I doe owe him anything I will yt it be paid in Corne according to our agreement. for Hugh Smith that he be paid partly by the hire of his Cowe, & the rest in Corne according as we agreed, Michaell Hopkinson in beading & Corne. Richard Holmes for Merimacke Fence, is to be paid in Corne, for fencing the upper lott he is to be paid in Corne & beading. Mr Broughton's father in law demandeth three pounds of me, but he must make it appeare to my executor before it be paid. For M' Rogers he hath my filly & her fole for Seuen pounds which I ought him, & nine pounds more which I owe him, he is to be paid out of my Cattle. Item I will that whatsoeuer is due to me from the Towne shalbe remitted, & is giuen by me Toward a Comon Stocke for the Towne. Item I doe freely giue to my seruant Jeremy Northende fowre pounds whatsoeuer other small debts doe really appeare to be due from me to any man, I will to be paide out of the rest of my goods, from whatsoeuer time my man Jerimy is to serue I will that he shall Serve that time wholly to m' Rogers, to whom I doe giue him oner, & his Care, Item I doe giue to my loueing Freinde mr Thomas Nelson my Smallest byble which was my wiues, Item I doe giue to m' Rogers my Golde ring which was my wiues, Item I doe gine to Jeremy my man two Cloth Suites, a white one & a browne. Item I giue to
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362
IPSWICH QUARTERLY COURT
[Mar.
Marget Crosse my ould wt Cloth Coate. Item I giue Eliz : Jack- son mr Rogers maide Twenty shillings. Item to william Hobson fiue shillings & as much to Hannah Grant. Item I will that after all my debts be paide the whole remainder of my goods, lands & whole estate be giuen, & I doe giue it to my loueing Nephew Mr Samuell Bellingham, & this my last will & Testament I doe Con- firme with my owne hand & Seale." William Bell -. Wit : Ez. Rogers, " who writt this," and Tho. Nulson.
James Chute* testified, Mar. 26, 1662, that there was a seal to the original will of Mr. William Bellingham, although those words " and a seale," were not expressed.
Richard Longhorne deposed that in the sixth year of their lease, Mr. Richard Bellingham and deponent discoursing together about a young gentleman, called, as he supposed, Samson Eaton, who was a kin to Mr. William Bellingham, now deceased, Mr. Richard seemed to be affected that the young gentleman was disappointed in the result of his coming over, the latter having expected to inherit a great portion of Mr. William's estate, which he might have done had he arrived before the decease of Mr. William. However, said Mr. Richard, " my brother gave it to my son Samnel." Sworn in court.
Richard Longhorn further deposed that on a certain time at Rowley, after Mr. Samuel Bellingham had been in England, Mr. Richard Bellingham being then at Rowley, and in company with John Boynton, sr., Mr. Richard called deponent to him and asked him to whom he paid his rent and he said he could not remember, but answered " your worship had a bushill of corn." Said Belling- ham replied that he could not remember having any corn except in the way of exchange, giving English for Indian, his intention be- ing to clear himself from the evil report of withholding his son's estate. Sworn in court.
John Boynton, sr., aged about forty-eight years, deposed that, hearing that Mr. Samuel Bellingham had reported at Boston that he could not get any account of Mr. Richard Bellingham, his father, nor of the rent of the stock thereon for the time Samuel was in England, and being sorry to hear such report, took occasion on account of his well-wishing to Mr. Richard Bellingham, to speak to him, etc. Sworn in court.
John Spofford, aged about fifty years, deposed that he hired the whole farm now in controversy of Mr. Sammuell Bellingham, for five years, and that he paid the rent yearly to Mr. Jewett, by order of Mr. Sammuell Bellingham. He further deposed that Mr. Richard Bellingham was not pleased with the sale of this farm by his son, Samuel, to Mr. Jewett, and that he told him he would have given ten pounds more for it. Sworn in court.
Richard Homes deposed that for work which he and Michaell Hobkinson did for Mr. William Bellingham, they were paid by Mr. Samuel Bellingham, part in a cow and the rest in team work. Sworn in court.
* Autograph.
363
RECORDS AND FILES
1662]
Symon Tuttle, attorney to his mother, Joana Tuttle, executrix to her late husband, John Tuttle v. Richard Shatswell. For non- payment of rent, according to covenant. Verdict for plaintiff .*
*Writ : Symon Tuttle, attorney to his mother, Joanah Tuttle, executrix to her late husband, John Tuttle v. Richard Shatswell ; for non-payment of rent due by covenant under his hand, bearing date Mar. 14, 1653-4, and for not delivering several particular goods in a note annexed ; dated Mar. 19, 1651; signed by Robert Lord, t for the court, and served by Robert Lord,f marshal of Ipswich.
Symon Tuttell's bill of costs, for John Gage, Georg Giddings, Waltor Roper and Philip Fouler, 2li. 12s.
Letter of attorney, dated Mar. 26, 1662, given by Richard Shats- wellt of Ipswich to Samuell Hall. Wit: John Atkinsont and John Emmerry, sr.t
" My ant Tutels a count of worke and other things :" 2 daise the first sumer about the barne and fenses and other things, 4s .; for diging and bringing hom six lods of clay, 8s .; 2 daise in the swampe in the sommer time faling trees for the barne flower and house of Robert Smith and my selfe, 10s .; Robert Smith and the boy 1 day drawing timber out of the swamp, 8s .; 1 day of us all bringin hom timber with the teame, 10s. ; halfe a day of goodman brooer and a day of my selfe, 4s. ; and Robert Smith that day with the teame to draw out of the swamp is worth 8s. ; myselfe and the teame halfe a day, -; a day feching over from the forther sid of the swamp of Roberd and myselfe and the teame, Ss. ; halfe a day of Robert with his two catell to fetch over the swamp, 2s .; 1 day feching hom with 2 teames and 4 men, 16s .; my selfe a day and halfe and thomas the Scot and myself a day to fall croscut and rive posts, -; and 2 lods of postes feching hom, -; for mending the comon gate, 3s. ; my selfe and the boy about thatch- ing, 3s. 8d., and Mary Roper, 6d., 4s .; halfe a day of my selfe mending the barne dores, 1s .; paid for nailes at Mr. William Paines 300 at Sd. per hondered, 2s .; for nailes at Mr. Robert Paines, 5s. ; for nailes at Mr. Jowits the last yeare, 200 at 12d. per hondred, 2s. ; paid to Franses bats for clabords and palles, 12s. 3d. ; for keping the broune steare the first spring, 5s. ; for wintring of him the next winter, -; paid to goodman Roper for groundsel- ing the house and other worcke, 2li. ; paid to the sawyers for sawing of timber for the barne flower, 1]i. 2s .; paid to Mr. Cogswell 40 bushils of indian corne acording to Mr. Jowits order, 6li. ; paid to danill Poare of andiver 20 bushils of indian corne upon the reset of Mr. Jowits bill mad to goodman lord or his asines dated the 24 : 1m. 1655 or 56, 3li. ; paid to henry Rally of Rowley 6 bushils in- diane corne a cording to Mr. Jowits bill dated 27: 3m : 1656, 18s .;
tAutograph.
364
IPSWICH QUARTERLY COURT
[Mar.
Richard Shattswell v. Robert Smith. For rent of a house, land, etc. Defendant acknowledged judgment of 21li., but there were
R. Smith about the orchard fense wth samewell barnom, 10s .; and 15s. he payd to goodman kingsbery towards ground silling the house, 15s .; one day drawing thatch and one day sarving the thatcher, 4s. ; one day mending up the comon fense, 2s .; one day mending the orchard fense, 2s. ; halfe a day mending the street sid fense and halfe a day about 5 rall fense, 2s .; payd to John Mase for thatching 1 day, 2s .; ther weare fore score bushils of indian corne mesyoured out and laid up for the rent by my selfe, 12li. ; and a horse | the hors is tacken back if Siman exsept of another | that I sould to Mr. Jowit for part of pay for the rent, 14li. 10s .; total, 48li. 7s. - d.
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