USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 39
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William Acey, having attached Lift. Samuell Appleton, Sergt. Tho. Clarke, Corpll. John Whipple, Robert Day and John Tod, and no action being entered, they were allowed costs.
Job Tyler, having attached John Godfry, and no action being entered, the court allowed said Godfry costs.
Zacheous Gould, having attached Mr. Jewett's executors, and no action being entered, costs were allowed.
Shoreborne Willson's bond of good behavior was continued until next court [some one objecting in court to his being released .- Waste Book.].
Symon Tompson and Abraham Fitt, sureties for Esaiah Wood, were discharged of their bond, the said Wood appearing and now " in hould."
Mr. Symonds returned to the court a ten shilling fine set on John French and four costs to Anthony Daye as a witness.
John Pearse was fined 10s., which Mr. Symonds undertook to pay.
[John Perley, being convicted of stealing a mare from Thomas Poore and for telling many lies in the examination of the case, was sentenced to pay treble damages, which is 20li., besides the mare which he returned, also to be severely whipped. Court ordered him to be committed to prison until the Thursday after lecture and then to receive his punishment .- Waste Book.]
Inventory of the estate of Willylam Harker, deceased, appraised, Dec. 26, 1661, by Thomas Marshall,* Franceis (his mark) Ingolles and Henry Collins,* and proved by Robert Ingalls in Ipswich court, Mar. 25, 1662, before Robert Lord,* cleric : Howsing, upland and meadow, 60li. ; one yoke of oxen and thre cows and fowr load of hay, 27li. ; tow mars and on Coult, 36li .; thre yearling calfs, 3li. 16s .; six sheap, 3li. 2s. ; thirten Swyn, 5li .; forty tow buchils of English and Indyan Corn, 7li. 3s. 6d .; The man and woman
*Autograph.
375
RECORDS AND FILES
1662]
COURT HELD AT SALISBURY, Apr. 8, 1662.
Magistrate, Capt. Tho. Wiggin; Associates sworn, Cpt. Robert Pike and Mr. Tho. Bradbury.
wearing Aparell, 7li. 10s .; one fether bed, tow Rugs, tow pare of Blankits, 7li. 13s. ; seven pillows, 1 pillow bear, one bolster, 2li. 15s. ; fowr pare of sheets, 2li. 2s .; seven yards of - Cloth, thre yards Cotton Cloth, 2li. ; nyn yards -, six yards of serge, 4li. 12s. ; Eight yards - alf of red Shag, 1li. 9s. ; ten pound -en wooll, 10 pound of hony, 17s. 4d. ; one ould - , 3li. 5s. ; 2 brace - iron pott, and on -, 2li. 14s. ; two Sp-, tongs and 13s. 6d. ; Twenty -, 17s .; one axe, - knife, 3s .; presing Iron, 6s. ; warming -, 3s. ; one Croscut - ells, 1li. 3s .; thre
Ches - and other , 1li. ; one Churn, one Erthen pot and other things, 5s. 6d. ; six pound of wool, one Stak of bees, 1li. 6s. ; one pannell, Cask and other lumber, 17s .; one brydell, one spad, one plow, 3s.
Presentments given in to Hampton court, Oct. 2, 1660, by William White,* foreman, with the consent of the rest, and summons to the same, dated, 19: 12 : 1660, signed by Tho. Brad bury,* recorder, and served by Samuell Fogge,* constable of Hampton.
Town of Haverhill, presented for the pound and stocks not being according to law, was discharged, if it appeared to the recorder of the court that within fourteen days the stocks had been repaired. Wit: William White and Richard Singltary.
Thomas Dowe was presented for unseemly speeches, including a lie. Two of the neighbors having lost a new pair of cart wheels supposed to be turned into the great river, Thomas Dowe was asked what he had done with the cart wheels, to which he replied with unseemly speeches, etc. Wit : Mihill Emerson and Robertt Emerson.
William Deale presented for misbehaving himself in unseemly expressions to two of his neighbors in calling them old rogue and old cheating rogue. Wit : James Davis, sr., and John Willia[m ]s, sr.
Christover Goold presented for stealing a pair of breeches from James Philbrook. Wit : Thomas Maston and William Molton.
James Philbrooke presented for striking Cristover Goold in his boat.
James Bruse presented for excessive drinking. Wit: Anthony Taylor, John Cass and Cristover Palmer.
Wife of William Cole presented for unseemly speeches to Huldah Hussee, concerning the latter's father and mother Minygoe. Wit : Wife of Jaspar Blake and Allexander Denem.
James Coffin of Salisbury and Cristover Goold of Hampton pre- sented for fighting, one with the other. Wit : Thomas Maston and William Molton.
* Autograph.
376
SALISBURY QUARTERLY COURT
[Apr.
Grand jury : Mr. Sam. Winsley, foreman, Isaac Buswell, Richard Wells, Willi. Osgood, Philip Challis, Henry Palmer, Tho. Eyer, Robert Drake, Jno. Samborn, Willi. Samborn, Jno. Cram, Hum- phrey Wilson and Isaac Pirkins.
Town of Exeter presented for not having a sufficient bridge over Exetor river, which is the country highway. Wit: Thomas King and Jonathan Thing.
Town of Exeter presented for not having a sufficient pound and stocks according to law.
John Redman deposed that the execution of fifty pounds was granted against Thomas Johnson and William Roberts for for- feiture of a bond that Roberts and Johnson were sureties on for Edward Colcord's appearance and for the satisfaction of Mr. Ruck's debt, etc.
Writ : Steven Jones v. Heneri Lamparill ; debt of six or seven pounds for goods delivered him; dated 27: 7: 1660; signed by Samuell Dalton* for the court; and served by Abraham Drake,* marshal of Hampton.
Execution, dated Oct. 31, 1660, for Mr. Sam. Winsley, to satisfy judgment granted Tho. Barnett, signed by Tho. Bradbury,* recorder, and served by Abraham Drake,* marshal of Hampton.
Richard Littlehale deposed that he gave order to Edward Clark to pay John Godfry eight and a half bushels of wheat, which was due from Clark to deponent, also that John Godfry acknowledged divers times that said Clark had paid Hugh Sherratt in wheat upon Godfry's account, toward the execution which Sherratt had against said Godfry. Steven Kent mentioned as surety. Copy of Haverhill commissioners records made by Richard Littlehale,* clerk. Sworn, Jan. 2, 1660, before the Haverhill commissioners.
Letter addressed " To hir Friend Goodman Curier of Sallbery giue these : " Brother Curier-I doe much maruell that you have not yet sent mee the bordes which is due to mee I am much damified by reson the haue not Come I upon your worde did promise and ingaged to some in boston and Charles Towne bordes wher I ame indeted and you falinge haue made mee to breake my worde which is very trobell to mee wher as you were to have payd them the last maye the - puses upon your promise and then you send mee worde should haue them at mihill tide yet you haue faled in and soe I haue broke my worde: you know that you had my ho - at tow pense a pound which if I had kpe them I should have - them to beter acount and bestes I prey you rember to send me -paye for James Gage and John rase[?] which you did under take to pay which is 1-18-8 beseds your one det I preye let mee her spedily from you or ellse you will constrane
*Autograph.
377
RECORDS AND FILES
1662]
Jury of trials : Daniell Ela, foreman, Jno. Ilsley, Henry Browne, Willi. Sargent, Benjamin Kimball, Sam. Winsley, jr., Jno. Wil- liams, jr., Willi. Fifeild, Henry Dowe, Joseph Shaw, Tho. Webster, and Jno. Foulsham, sr. Henry Magoon, dismissed. Peter Coffin in Cpt. Gerishes case.
mee to take som other Corse for my one which I am not willge to doe but if I doe not her from you I rest the bordes are to bee deliued at Charles towne to goodman Carington
Your Frind if you doo that
" watertown this 23 of the first mth 1660 Judeth whitney"* Copy of willt of Joseph Peasly, proved in Salisbury Court, -: 2 : 1661, by Phillip -, made by Tho. Bradbury,* recorder : " I Joseph Peasly is that my debts - ye remainer of my estate wch is - doe giue & do bequeathe the one -g hir life & I do giue to my da - ands that I haue att Salisbury - my sone all my land that I ha - rhill & do also giue unto Joseph - in ye East meadow at Haverhill - ne all my right in ye oxes pa- unto Joseph my sone fiue of the - ong into the playne; I do giue unto - - my forty fower acres of upland lying we - - & doe giue unto Sarah Saier my grand Childe my -d & meadow lying at Spickett River, And I doe giue unto sonne Joseph all ye Remaynder of my land att Have - -- which is not here disposed off, this is my last will and - my right minde & mem- orie wittness my - November 1660. Josef pesle." Wit : - Challis, -rnard and · urrier.
Venire, dated 19: 12: 1660, for trial jurymen from Hampton, signed by Thomas Bradbury,* recorder, and served by Sam. Fog,* constable of Hampton, who returned the names of Mr. Ant. Stanyen, Rob. Page, Tho. Ward, Gilles Fuller and Henery Moulton for the grand jury, and Tho. Marston, Abr. Hilton [?], Tho. Lovitt and John Swaine for the jury of trials.
Writ : John Godfry v. Richard Ormsbee; unjust molestation, in commencing an action of accounts against said Godfry at last Hampton court and not prosecuting ; dated, 2 : 9: 1661 ; signed by Richard Littlehale,* for the court ; and served by Joseph , constable of Salisbury.
Writ : Abraham Drake, assignee of Robert Drake v. John Cass ; trespass ; for carrying away a load of hay from off the fourteenth share of the ox-common marsh and for claiming the title thereof for himself; dated 1: 2: 1661; signed by Samuell Dalton,* for the court ; and served by Abraham Drake,* constable of Hampton.
Edward Colcord of Hampton, on 10: 11: 1652, sold to Robert Drake of Hampton, two shares of commonage, viz., one share of
*Autograph.
+This paper is badly torn.
378
SALISBURY QUARTERLY COURT
[Apr.
Jno. Stevens v. Henry Green. Action of appeal from the com- missioners of Hampton, concerning taking away defendant's bolts from off the land of Isaac Pirkins in Hampton bounds. Verdict for plaintiff, the judgment reversed.
Cpt. Willi. Gerish, planter v. Willia. Deale. For detaining his mare colt after legal demand. Verdict for defendant. Appealed to next Court of Assistants. Mr. Halls bound for said Gerish's appearance.
Jonathan Singletary, assignee of Jno. Godfrey v. Edw. Clark.
the ox common which he bought of Samuell Greenfeild and one share of the cow common which he had of the town " as from Thomas Jones the deed acknowledg before a magistrate." Copy from the town book of Hampton, attested by Samuell Dalton,* clerk.
The share of the ox common appointed to Samuell Greenfeild by lot and the salt marsh belonging to it, was in number fourteen as appeared by the town book of Hampton. Attested by Samuell Dalton,* clerk.
Deed, dated 27 : 3 : 1649, Samewell (his mark) Grenfeld, late of Ezseter, sold to Edward Colcord of Hamton, all his upland, marsh, meadow and commonage granted to him by or due to him from the town of Hamton, except that part which said Grenfeld had sold to Thomas Joones or Benjeman Wiss. Wit: Robert Tuck* and Ed- ward Tucke .* Acknowledged by Robert Tuck at Salisbury court, 11 : 2 : 1661, before Tho. Bradbury,* recorder.
Moses Gillman deposed that he had seen John Follsum measure out boards, which came from Capt. Clark's mill, and deliver them to several people. Sworn in Salisbury court, 11: 2: 1661, before Tho. Bradbury,* recorder.
John Robasun and Humfre Willson testified that last summer John Folsum delivered several parcels of boards to several vessels, and that the boards came from Capt. Clark's and Mr. Brodstrete's mill. Sworn in Salisbury court, 9 : 2 : 1661, before Tho. Bradbury,* recorder.
Execution, dated 8 : 8: 1661, to Richard Ormsby, to satisfy judgment granted to John Godfrey, signed by Tho. Bradbury,* for the court, and served by John Severanc,* deputy marshal of Hampton.
Execution, dated 9 : 3: 1661, to Leift. Robert Pike, Mr. Tho. Bradbury, Edward French, Isaac Buswell and Andrew Greely, in behalf of the town of Salisbury, to satisfy judgment granted to Mr. Sam. Hal-, signed by Tho. Bradbury,* for the court, and served by Abraham Drake,* marshal of Hampton.
*Autograph.
379
RECORDS AND FILES
1662]
Debt. For non-payment of twenty-one bushels, one peck and a half of wheat and seventeen bushels and three pecks of Indian corn.
Robert Swan v. Robert Clement. For laying claim to and mak- ing use of one acre and a half of meadow, situate in Haverhill, which plaintiff bought of Isaac Cozens, and for molesting and hindering him from getting it recorded, according to the town order. Verdict for plaintiff.
John Godfrey acknowledged judgment to Tho. Bradbury, which was satisfied, May 26, 1662, for an attachment served upon his land in Salisbury.
Bartholemew Heath's license was renewed.
Mr. Sam. Hall, agent or attorney to Mr. Hooke v. Joseph Fletcher. Breach of covenant about a barn which he hired of said Hall, in not making up the fences and securing the corn. Verdict for defendant. Appealed to Court of Assistants. Bond of Sam. Hall.
Nathaniell Singletary was dismissed from all trainings, being disabled by lameness.
Jno. Severans, husband of "hir yt was somtimes ye wyfe of henry ambross," and now administrator to the estate of said Ambross, deceased v. Ed. Colcord. Trespass. For alienating a parcel of up- land that was formerly granted to Henry Ambros in Hampton, in the north field, by mortgaging the same to Christopher Palmer. Withdrawn.
Willi. Osgood, in behalf of the new town of Salisbury v. Nat. Winsley. Trespass. For felling timber upon their common and making it into staves and bolts, carrying it away and converting it to his own use. Withdrawn.
Rich. Ormsby v. John Godfrey. Debt. Due upon breach of a bond of arbitration. Withdrawn. Court remitted the entry , except the clerk's fees.
Mr. Symond Bradstreet v. Jno. Fulsham. For withholding a debt of nine pounds due for an ox and corn he bought of plaintiff and for some years' forbearance. Withdrawn.
Jno. Severance's license to keep the ordinary was renewed.
Jno. Maxfeild v. Joseph Pike and Jno. Cullu. Battery. For coming upon him suddenly in bed and laying many stripes on his body, to his great damage in body and name. Defendant desired
380
SALISBURY QUARTERLY COURT
[Apr.
Goodman Satchwell to speak for him in his case and the court granted him liberty to do so .*
*Writ: John Maxfeild v. John Callu (also Mackallum) and Joseph Pike ; dated 2: -: 1662; signed by Tho. Bradbury,t for the court; and served by John Huchins, constable of Haver- hill.
John (his mark) Maxfeld, on 8: 2: 1662, appointed his loving friend John Severence, his attorney. Wit: Wilm. (his mark) Houldeg and Steven Flanders.t
On the reverse of the foregoing paper : "first yt he had itt for a smale matter. 2nd yt he neuer had a poseshon of itt. 3dly he neuer layd claim to it whilst goodman Ambros was aliue."
Will. Houldredg deposed that upon Wednesday morning, The. Shatswell said that they looked for their charges for he did not own any agreement between Maxfeld and the other two men, and he also said that he should hardly have come down had it not been to have tried that case. Sworn in Salisbury court, 11: 2: 1662, before Tho. Bradbury, ; recorder.
Steeven Webster deposed that, being in company with Joseph Pike at his house, which was near the house deponent lodged in, he asked said Pike to call him betimes in the morning because he was to go to Rowly. Pike replied that if he did call him, he would whip him up. " I saide if he did I would forgive him in the morninge he Came & Caled me but it being fowle wether I lay still & John Maxfeild unknowing to me (when I spake wth Joseph Pike) Came to bed wth me about 10 or 11 of the Clock at night || as I judge | & soe he was in bed wth me in the morninge & I tould him that If wee did not rise Joseph Pike had promised to Call me up & he would whip us up John Maxfeild saide he cared not If he did Com he would not medle with him because he was a stranger & | when he Cam up | afterward I asked the sd maxfeild If he weare offended at what had passed he saide noe it was a Jest & soe it ended wth him & took noe offenc at it & did pas it by." Sworn in Salisbury court, 8: 2: 1662, before Tho. Bradbury, ¡ recorder.
John Severance deposed that Lt. John Pike came to him and told him that he understood that John Maxfeeld had left the busi- ness about the young men in question to this deponent, and John Pike and John Severance entered upon the discourse, but at that time did not agree because John Severance was called away and before they could come together again, they had taken John Max- feld aside and said they had made a composition but he did not hear said Maxfeeld own it at that time. Sworn at Salisbury court, 11 : 2 : 1662, before Tho. Bradbury,¡ recorder.
t Autograph.
381
RECORDS AND FILES
1662]
Sam. Dalton was appointed administrator of the estate of Tymothie Dalton, jr., sometimes of Hampton, deceased, and was ordered to bring in an inventory at the next Hampton court.
It was the mind of the court that the case be prosecuted in the first place against Mackellam as defendant. Attest, Tho. Brad- bury,* recorder.
Robert Swan, aged thirty-six years, deposed, Apr. 8, 1661, that he was present when the agreement was made concerning the action of Maxfeild against Mackallum and Pike. The terms of agreement were that the two latter should acknowledge themselves faulty and pay all his charges, and give a gallon of wine to be drunk by the company that attended the business of this agree- ment, part that night, and the rest in the morning, and then to be friends as formerly. One quart of wine was produced and deliv- ered by John Pike to said Maxfield, who accepted it and drank part of it and they all drank the wine in a friendly manner. Pike engaged to pay the charges of the said Maxfeld. John Pike testified to the same, and also that he had power from the others to make the agreement. Sworn in court, 10: 2: 1662, before Tho. Bradbury,* recorder.
Sammuell Winsley, jr., and Theophilus Satchwell deposed.
Thomas Fowler, aged about twenty-six years, deposed that he went up to Haverhill and had occasion to go to the house where Steven Webster lived and there was John Macallum and he asked him about the whipping of John Maxfeeld. Macallum told him that they whipped said Maxfeeld, and Joseph Pike also told him the same. Makullum would have deponent carry down a note to John Makfeld, the substance of which was to come up to see his work done, that is, to see Steven Webster whipped, because they said he had given them some liquor to whip said Webster. The man of the house told them that if they sent that note, he needed no further witness against them, so they both desired deponent to let them have the note again to add two or three words. When they had it, they would not give it to deponent again. Further, John Macullum asked him " if they had no work for John Mak- feld for your Salisbury men & i tould him yes ther was work a nough for him to doe & not cum thether to be whipt then the man of the House toke him up & Sayd i am ashamed that you should disgrase the towne so much yt if a Stranger cum hether we cannot afford him a meals meat or a nites lodging but he must be abused." Sworn in court.
Jonathan Singletarey, aged about twenty-two years, deposed that in going to Goodman Severance's in the morning, he met with Lt. Picke of Newbery and John Maxfield at the stile or yard. Lt. Picke said he had come to fulfill his agreement about the wine and
*Autograph.
382
SALISBURY QUARTERLY COURT
[Apr.
John Hussey and Eliakim Wardall were fined, each according to law, 6li. 10s. for twenty-six times absence from public ordinance on the Lord's days.
Jno. Swayne was convicted for absence from the public ordi- nances.
when he had gone deponent asked said Maxfield how it was that he had entered his action and had now agreed. Maxfeild scratched his head and said " aye thay made lightt of termes of agremt as I cam from ye new town wt them butt last night Leftt : Joh Pick com & sought to me in ye blads behalf & pswaded me to condesend to him," etc. Maxfeild further said that he had committed his case to his landlord Severance. John Pike testified to the same. Sworn in court.
John Pike and Theophilus Shatswell deposed. Sworn in court.
Benjamen Cimball deposed that he heard Theophilus Shatswell say that he did not acknowledge any agreement, etc. Sworn in court.
Robert Ayers deposed, Apr. 9, 1662, that John Maxfeild said he should not go on with his action, etc. Sworn in court.
Steven Flanders and Isbell Houldredg testified that they were asking of Steven Webster how Makallam knew that Joseph Pike was to wake him in the morning to whip him, etc. Webster said that when he heard said Pike coming up in the morning, he put on John Maxfield's jacket and wrapped himself up in the bed- clothes, and so did not see Maxfield whipped, etc. Sworn in court.
" This Deponitt testifie yt upon a mundey morning about 8 or 9 weekes sinc John Calum cam to my house & sd oh : gafer you hane such sportt as we haue itt mak you laugh this morning why sd I what sportt braue sportt sayd Calum John maxfeld be greuesly whiped this morning we went to wak ye tailer & mistooke & whiped maxfild in stead of ye tailer I dought sayd I itt was A wilfull mistake sure enough sd calam me know well enough wt me doe we gre last night wt we doe." Sworn in court.
Henry Palmer deposed, Apr. 9, 1662, that he heard John Max- feild say, etc. Sworn in court.
Nathan Singletary and Robert Swan testified that John Calum said " me know well enough whatt me doe butt my Land lord know me no se well in a morning." Sworn in court.
Joseph Pike* and John (his mark) Mackallum certified, Apr. 8, 1662, that they impowered John Pike to make the agreement, etc.
Wilya Houldridg deposed that one morning, being at Batt. Heath's house at Haverhill, John Calum came in with a pint of liquor, which he said was to be set upon John Maxfield's account for their whipping of him that morning, etc. Sworn in court.
*Autograph.
383
RECORDS AND FILES
1662]
Tho. Davis and Willi. Hutchins were dismissed from all train- ings, ordinary and extraordinary, each paying to the military company of Haverhill 5s. per annum.
Tho. Davis and Willia. White took the three men's oath before this court for the ending of small causes for the town of Haverhill for the ensuing year.
Daniell Ladd, sr., being presented by the town and military company of Haverhill, to be confirmed as Leiftenant, the court approved of their choice.
Henry Palmer was sworn to end small causes for Haverhill.
Mr. Tho. Bradbury, Richard Wells and John Severance were sworn to end small causes for Salisbury.
Whereas it appeared to this court that there was a stray mare colt taken up at Haverhill by one William Deale, to which colt Cpt. William Gerish of Newberie and William Hamm of Ports- mouth laid claim, the court ordered that the colt be delivered to Cpt. Gerish at Haverhill, said Deale to be paid charges allowed by the court, and that the next court at Hampton determine the rightful owner.
Willi. Fifeild acknowledged judgment.
Jno. Godfrey allowed for attendance and witness fees in the action brought against him by Richard Ormsby.
Daniell Tilton chose Samuell Tilton as his guardian, and the court allowed it.
The prudential men of Salisbury notified the court that they had given notice to Jno. Davis that they were not willing that he should become an inhabitant there.
Fees allowed to Jno. Ilsey, Mary Severans and Bennett Brown.
Court ordered that Joseph Shaw pay to Daniel Tilton 40s. in consideration of what service he had done for him since he was fourteen years old.
Edward Colcord was discharged of his bond for good behavior.
Court ordered Sam. Tilton to put in security to Daniel's portion in binding over land.
John Eaton to have 9.
COURT HELD AT IPSWICH, APR. 17, 1662, BY ADJOURNMENT.
Capt. Paul White was licensed to still strong water for a year at Nubury and to retail by the quart.
Mr. Peeter Duncan was licensed to sell strong water to the fish- ermen, as the other merchants of Salem did, for one year.
384
IPSWICH QUARTERLY COURT
[Apr.
Robert Fitt was released from watching during the pleasure of the court.
Goodwife Lambert, being presented for taking tobacco in the street, confessed it.
John Godfry, complaining that the bill of costs in Job Tyler's action of accounts was too much, the court respitted execution until Job Tyler had opportunity to speak for himself. Afterwards by consent, 40s. were abated.
Upon petition of Symon Tompson on behalf of his son, Isayah Wood, for abatement of the charge for keeping the child of Mary Shefield, the court ordered for the time to come to pay 18d. per week, he paying 3s. per week for the time past. Symon Tompson engaged for the payment of the same until the court take further order.
Ann Lume, dying intestate, the court appointed Judith Lume and Susanah Lume, her daughters, to administer upon the estate. An inventory,* amounting to 49li. 2s. 6d., was allowed.
Will of Thomas Dickanson was proved and an inventory was received in court.
Will of Thomas Lee was proved and an inventory was received in court.
Thomas Varnye, upon his presentment for misdemeanors, was fined.
William Warener, upon his presentment for misdemeanors and stifly denying them in court, was ordered to be whipped or to pay a fine.
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