USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 4
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" Your frend in what I may
" pray remember my loue to your wife."
Francis Johnson."
Moses Mavericke testified that Mr. Roger Conantt and partners said in his hearing that there were three bills from Mr. Foxwell delivered to Peter Palfry to keep and said Palfry lost the larger one; also that deponent heard Conantt and Palfry say that they had put all their power into Mr. Johnson's hand and that Anthony Dike was only to sail the vessel and do as Mr. Johnson should tell him. Sworn in Ipswich court, Mar. 25, 1656.
Amos Richardson testified that being chosen arbitrator with Capt. William Hathorne about a business between Francis John- son, Mr. Conant, Peter Palfery and Nathaniell Pittman, on the one part, and Mr. Richard Foxwell, they found two bills due. Mr.
*Autograph.
25
RECORDS AND FILES
1657]
Foxwell's agent had much to say about a promise Johnson had made concerning a house and land which Foxwell had bought of said Johnson under hand of the government of the Bay. Sworn, 24 : 1 : 1655-6, before Natha. Duncan,* commissioner.
Richard Collicutt, aged fifty-two years, testified that about Janu- ary last he heard Mr. Rich. Foxwell say that many years since he bought a plantation and trading house at the eastward of Mr. Fran- cis Johnson of Marblehead, etc .; and having no confirmation from the government which Johnson had promised him, the French had dispossessed him of said house and lands. Sworn, 21: 1: 1655-6, before Edward Tynge,* commissioner.
Georg Tayler deposed that about eighteen years ago, he lived with Mr. Cleeves in Casco bay, and Mr. Richard Tuker and he were going " Bostontown warde," and at Sako they met with Mr. Richard Foxwell. He desired them to carry some beaver and otter for him to Mr. Francis Johnson, and they delivered it to him in the Bay. Sworn, June 18, 1654, before John West and Robertt Booth, commissioners of Saco. Copy by Samuel Archard,* marshal.
Samuell Archer testified about the same as Moses Maverick. Sworn, 22 : 1 : 1655-6, before William Browne,* commissioner.
Mr. Richard Tucker deposed that about a fortnight since he met Mr. Francis Johnson of Marblehead at Bostown, and he had some order from Mr. Richards of Blue Poynt near Sacoe to end the dif- ferences between him and Mr. Foxwell. Sworn, 20: 9: 1655, before Mr. Richard Parker, commissioner. Copy by Elias Stileman,* clerk.
Lott Conant testified that about seven years since, he was going to the eastward, and was desired by Nathaniell Pickman to carry a letter to Mr. Richard Foxwell of Blue Poynt; that after said Foxwell read it, he said he owed said Pickman nothing, but what he owed was to Mr. Johnson and Anthony Dike, and that it was for goods he had of them at the trading house. Sworn, 14: 1: 1654, before John Endecott, Dep. Gov. Copy by Elias Stileman,* clerk.
Richard Foxwell, by his bill made July 16, 1633, was indebted to Francis Johnson and partners for 125li., etc.
Acknowledgment of indebtedness by Richard Foxwell, merchant, Sept. 14, 1634, to Francis Johnson and his partners. Copy by Samuel Archard,* marshal.
Tabitha Pittman testified that at her husband Dike's last going away from her when he was taken away at Cape Cod by the hard winter, the last words he spoke were " wife when thee hast paid Peter Palfry such a some, (but at psent I know not the some) then there is due to thee from Richard Foxwell one of the bills three and twentie pounds," etc. Sworn, 30: 1: 1657, before Edmond Batter,* commissioner.
*Autograph.
26
IPSWICH QUARTERLY COURT
[Mar.
John Severns v. Job Nesetance. Debt .*
Willm. Thomas v. Thomas Seers. Concerning an acre of land bought of said Seers, who refused to deliver it. Withdrawn.
Town of Ipswich v. Isaack Coussens. For bringing an old woman and leaving her in the town without providing for her. Continued for advise of the General Court.
Thomas Davis v. Benjamin Swett. For taking away plaintiff's servant, Stephen Dow. Court ordered that the boy be returned.
Lott Conant deposed that his father went to Boston concerning the arbitration, which he opposed. Sworn, 24 : 1: 1655-6, before Moses Mavericke,t commissioner.
Saml. Archard. marshal, deposed in Ipswich court, Apr. 2, 1657, that Mr. Johnson agreed with Nathaniel Pickman to leave the matter to arbitration.
Richard Tucker deposed that there was a difference between Mr. Francis Johnson of Marblehead, near Salem, and Mr. Richard Fox- well of Blew Point, concerning some beaver and otter, which Mr. Foxwell delivered to him in his boat bound for " the Massachusets" eighteen or twenty years ago. He delivered them to Mr. Johnson. The skins became wet in the boat and could not be weighed until dry, when the two " fardels" of beaver and otter were found to be three or four pounds short. Sworn, July 1, 1654, before Edw. Rich worth, recorder. Copy by Samuel Archard, ; marshal.
John Roads and Thomas Ward testified that being at the east- ward with Mr. Francis Johnson last October, said Johnson was desirous of going to Blew Poyntt to speak with Mr. Foxwell, but they could not go in on account of the wind. The boat was full of dry fish which might have been damaged. Sworn, 24: 1: 1655-6, before Moses Mavericke,¡ commissioner.
Dorothy Norice testified that when she was at Marblehead at her brother Johnson's house, about three or four years since, there came a man from the eastward who said to Mr. Johnson that Mr. Foxwell was poor, and had nothing to pay with, unless he took a child or two. Sworn, 22: 1: 1655-6, before William Browne, t commissioner.
*Bond of Job Neesohtenst and the Sagamore of Agowam (his mark), commonly so called, to John Severns of Salisberry, for eight pounds, that Neesohtens appear at Ipswich court last Tuesday in March, 1657. Wit : Theophilus Wilson.
Statement of Job Neesohteens, as to indebtedness, 19 : 5: 1656.
Theophilus Wilson deposed that said Job acknowledged the indebtedness to John Severence in his house. Sworn in Ipswich court, 31 : 1: 1657.
tAutograph.
27
RECORDS AND FILES
1657]
Plaintiff confessed that he was to teach Stephen to read and write and the trade of a stone mason according to the capacity of the boy and the employment of the place where he lived .*
*Bill of charges of Thomas Davis, including two days journey to Newberry and ferriage. Lt. Howard, Hen. St-y, Ez. Northen, Lt. Jo. Pike, Rich. Kent.t
Bartholmew Heth, aged forty-one years, deposed that Steven Dow was a very poor and weak creature to look upon and of a very low stature according to the age that he was said to be when he came to live with Thomas Davis; that said Davis never corrected him ; that the provision in his house was as good as that of men of his estate ; that the boy ate the same kind of food as his master, and that he had clothing to keep him warm. Deponent, being at Newberry with said Davis, heard some discourse between said Davis and the defendant concerning the boy, and Davis asked Swett to prove his title to the boy before indifferent judges. Swett re- fused to arbitrate it. On coming home from Newberry later they saw said Swett coming home from Haverhill with the boy riding. Sworn before Robert Clements.t
John Williams, sr., deposed that he heard the boy speak well of his master and dame, viz., Thomas Davis and his wife, that they used him well, and that he fared as well as most in the town. She taught him his book, he was warmly dressed, and was not abused. Sometimes the boy ran away without cause, but his master did not beat him for that. Concerning going to the east meadow for hay that winter, the boy went cheerfully along, and when he returned deponent asked him if he were not cold, as it was a cold day, but he laughed and said he was hotter than if he had been around home. This occurred when his master had a sore eye and could not go himself. Sworn before Robert Cl
John Bartlett testified that Thomas Dowe, father of Steven Dow, on his return from Haverhill, told deponent that he had left the boy with the plaintiff until he was eighteen years old, to teach him to read and write and the trade of a stone mason, etc. At another time the father said that he would never bind his son to Davis, be- cause the latter was employed so much with other business that he could not teach him the trade, and also because of the child lying abroad some nights. Dow went to Haverhill to take his son, but the terms were so high that he could not consider them.
Richard Littlehale and wife Mary deposed that they saw at Thomas Davis' the kind and tender usage of the boy, like pa- rents. When the boy first went there, about eight and a half years ago, he was a poor, helpless child, of small stature. Sworn before Robert Clement.t
fAutograph.
28
IPSWICH QUARTERLY COURT
[Mar.
Mr. John Ward v. John Procktor. For not delivering thirty- five bushels of Indian corn, etc. Withdrawn.
Robert Clement, jr., deposed that he remembered an agreement by Benjamin Swett of Newberry and Thomas Davis of Haverhill, about evidence of their title to the boy. That when Davis sent the boy to Swett, it was only to visit his friends and that there was no intention of delivering him up. Sworn before Robert Clements .*
Thomas Eyer deposed that a little before Thomas Dow died the latter was at work with deponent, and they had some conversation about his son dwelling at Thomas Davis'. He said he had not bound him to him. Sworn before Robert Clements .*
Robert Hazeldine deposed that he saw Benjamin Swett bring Steven Dow in deponent's canoe over the river at Haverhill. He asked said Swett where they were going, and the latter answered, " I am going to carry him to ye right owner." Swett helped the boy on his horse and went away. Sworn before Robert Clements .*
Judith, wife of Samuell Gild, deposed that when the boy came to live with said Davis he was a very weakly child and meanly clothed ; and Davis was to have him twelve and a half or thirteen years. Sworn before Robert Clements .*
Samuel Gild deposed that he first had Steven Dow for a week, but the boy's father wanted Thomas Davis to have the boy, because the latter would take him for half a year less, and so took him there. He was a poor helpless child, likely to be a burden and no benefit, very hard to learn his book, very meanly apparelled, and not able to put on and off his own clothes. Sworn before Robert Clements .*
Joanna, wife of.George Corlis, deposed that it was a good while before the boy could eat his master's food, that is, meat and milk, or drink beer. He said he did not know it was good because he was not used to eating such victuals, but he was accustomed to eat bread and water porridge and drink water. Sworn before Robert Clements .*
Steven Swett deposed that at the ordinary in Newbery he heard Benjamin Swett demand of Thomas Daves of Haverhill whether he would deliver the boy to his mother, in whose behalf Swett had demanded him before at Haverhill. Benjamin Swett said to Good- man Daves, " You promised mee at Haverhill that you would send downe the boy to his mother at your Returne from Newberry in case you proved not your title to him, which you have not yet done ; will you not stand to your pmises." Davis replied that he would not, etc. Sworn, Mar. 31, 1657, before John Pike, commissioner for Newbery. Tristram Coffin, jr., deposed the same.
Phebe Dowe, mother of the boy, testified that Thomas Davis was to teach him the trade of a stone mason, etc. Stephen returned to her Autograph.
29
RECORDS AND FILES
1657]
John Hathorne, assignee to William Bridgewatter v. Edward Hutcheson. For unjustly detaining a ton of bar iron. Verdict for plaintiff, the iron or 30li .*
house, and there was willing to abide, but said Davis pulled him away with violence, and to their great grief she and her son were parted. Signed by Phebe (her mark) Dowe.
Cristophar Bartlet, aged thirty-three years, deposed that Thomas Dow told him that he had placed his son with Thomas Davis till he was eighteen years of age, etc.
James Davis, sr., and wife deposed that they were very much troubled when their son-in-law, Samuell Gild, was about taking Steven Dow to be his servant, as he was such a poor, helpless child and likely to be a burden to him and little benefit. Sworn before Robert Clement. +
Ephraim Davis deposed that Thomas Dow said it was much to his joy and comfort that Thomas Davis had taken his son. Sworn before Robert Clements.t
George Corlis deposed that Steven Dow was a very weakly child, and of a low stature, when he came to live with Thomas Davis. Sworn before Robert Clements.t
*Writ : Mr. Edward Hutchinson, sr. v. William Bridgewater ; dated, 24 : 11: 1656; for tearing out divers leaves from the book, while clerk of the Iron works, and not giving proper credit on ac- counts; signed by Jonathan Negus, for the court. Served by at- tachment of bar iron in the hands of Edw. Hutchinson in his ware- house, and three cow hides, delivered to Henry Brigam, by Hugh Deuey, constable of Boston. Copy, by Edward Rawson, t recorder.
Mr. Wm. Bridgwatert assigned to John Hathorne, both in New England, a ton of bar iron, in hands of Mr. Edward Hutchinson of Boston, and Company now of Iron works in New England, Jan. 12, 1656. Wit : Phillip Cromwellt and Samuell Archard.t
James Robisson, aged about thirty-eight years, testified that about three months ago, he helped put the iron into Mr. Hutchin- son's warehouse and it was laid separately from the other iron there. Mr. Bridgewater gave him a bill for the labor to Mr. Hutch- inson, and the latter paid him. Sworn, 26: 1: 1656, before Natha. Duncan,¡ commissioner.
Antony Hacker, aged forty-eight years, and Samuell Davice, aged thirty-three years, testified about the bar iron, helping to hand it , in about three months ago to Mr. Edward Huchison's warehouse in Boston ; Joseph Armitage's boat was cast away and Whitwell brought it ashore in his boat, etc. Sworn, 26: 1: 1657, before Natha. Duncan, t commissioner.
Robert Burges, aged about thirty-six years, deposed that he went on Joseph Armitage's boat the last time it left Lynn, before it was
+Autograph.
30
IPSWICH QUARTERLY COURT
[Mar.
Mr. William Perkins v. Jacob Towne, in behalf of the town of Topsfield. For detaining his maintenance due to said Perkins for his labors in the ministry. Withdrawn.
Richard Kent v. Lancelott Granger. For not permitting him to take possession of his farm, cattle, etc., and for not performing an award. Houses, farm and cattle to be delivered to the plaintiff within three days, as mentioned in the lease, etc.
Lancelott Granger v. Richard Kent. Replevin. Two cases .*
cast away, and Mr. William Bridgwater put aboard the bar iron to carry to Boston. That Mr. Olliver Purchis weighed the iron at the iron house for Mr. William Bridgwater, and that John Clarke marked a cross on the bars with a cold chisel ; and when the boat was cast away at Pullin Poynt, the iron was placed on the beach by itself, and also in Whitwell's boat it was put uppermost, and landed at Boston wharf. The porters were ordered by Mr. Hutch- inson to put it into his house at a small hole. Sworn, Mar. 30, 1657, before Thomas Marshall,t commissioner of Lynn.
Joseph Armitage, aged about fifty-five years, deposed that he heard Olliver Purchis, clerk of the Iron works, say that he had an order from Mr. Edward Hutchinson to deliver to him one and one- half tons of iron. Deponent was at Mr. Hutchinson's house at Boston with Capt. Savag, when John Hathorne demanded the iron, etc. Sworn, 30 : 1 : 1657, before Thomas Marshall,t commissioner of Lynn.
*Writ : Richard Kent v. Lancelot Granger. On arbitration, to deliver his farm to Richard Kent again; dated, Dec. 23, 1656; signed by Anthony Somerby, t for the court. Served by Robard Coker, t constable of Newbury, by attachment of sixteen cows, four oxen, twenty loads of hay, the barn and house, Dec. 23, 1656, and attachment of two heifers, a bull and steer, 14: 1: 1656.
Willm. Howard deposed that he was one of the four arbitrators in the case between these parties, etc. John Chater and Rich. Doole witnessed to the same. Sworn in court, Mar. 31, 1657.
James Brading testified that, Dec. 12, 1656, Richard Kent and his servants went over to his farm and cleaned his cowhouse and at night Kent spoke to one to desire Lancilot Granger to show him how to tie up the cattle. Granger answered " I am a going to my Brother, and I will com backe presently and ty them up for you." When he returned he told Kent that he and his men need not trouble, and so they went away. Shortly after he called to them that there was one cow missing and deponent said he thought she was in the barn. Granger replied "All is well." Richard Kent used his cattle to carry out muck for about nine days. On Dec. 20, 1656. Richard Kent sent over his servants to bring hay for the cattle.
t Autograph.
31
RECORDS AND FILES
1657]
Thomas Nelson chose, in court, Mr. Joseph Jewett to be his guardian.
The freemen of Manchester fined for not appearing at the last court.
Mr. Granger refused to let them take away hay, saying that he would not abide by the award of the arbitrators. He bade depo- nent speak to his uncle, to take away the cattle he had bought of Granger's brother, etc. Sworn in Ipswich court, 31 : 1: 1657.
Danell Thurston deposed that Mr. Granger told, the next Friday after the award was made, that he had delivered the farm, etc., to his landlord, Richard Kent, and he was to remain in the farm house a short time to thresh out some corn he had in the barn, etc .; that Goodman Gould was engaged in part for what was due Kent, and his father Addoms or Goodman Chater for the rest; Granger further said that if he could not hire a farm that suited him there, he had some thought of going to England, etc. Sworn in Ipswich court, 31 : 1 : 1657.
Award, dated Dec. 10, 1656, by Zacheus Gould,* Richard Dole,* and John (his mark ) Chater. Wit : Willm. Howard .* Granger was to pay Kent, 28li. 9s. 6d. in good wheat, at 5s. per bushel.
Original lease of Richard Kent of Newbury, yeoman, to Lancelit Granegert of Newbury, of his great island or farm. The indenture included also the rest of the Islands from Goodale's Island west and southwest, and part of Goodale's Island from the old ditch to the creek, with house and barn and twenty acres of land; also sixteen cows, four oxen, two yokes, two chains, a cart and wheels, plough and rope, at appraisal price. The lease was to hold seven years from Sept. 29, 1654, and Kent was to give Granger a sow and let him a mare for one year, the latter paying a yearly rental of forty-six pounds, in butter and cheese and cattle not over six years old on Sept. 29th and in wheat, barley and Indian corn on Mar. 25th. Kent agreed to pay all rates, and if any cattle died from sickness or falling of a tree, he was to make them good. Granger could take wood sufficient for the farm, was to use the manure on the land and agreed to break up ten or twelve acres more, receiving as compensation the crops for three years. After that he was to pay rent for this land also. The last year Granger was to keep no cattle upon the farm except cows and oxen and his yearlings and calves ; and the last winter he was to use the fodder which he threshed from the corn, also to have a lodging in the house. The same privilege Kent was to enjoy the first year. Granger had the cutting of the salt marsh for fodder the summer before he entered, so Kent should have it the last summer. Kent agreed to " make up the house and both the floores & the harth and set it and the barne in good repaire," and if any accident by winds, tempests or
*Autograph.
32
IPSWICH QUARTERLY COURT
[Mar.
Hugh Chapline, deceased, left a will which was not proved with- in twenty months, and the widow forfeited one hundred pounds by the law .*
William Chandlour allowed to be a packer at Newbury for searching and packing fish and flesh.
Robert Roberds acknowledged judgment to Mr. William Payne.
George Smith acknowledged judgment to Mr. William Payne.
William Symons acknowledged judgment to Mr. William Payne.
Thomas Robins and Henry Skerry bound for the appearance of Elizabeth Robins when the court shall call for her.
Administration granted to Marke Bachelour on the estate of his father. Referred to Salem court for further orders.
Richard Window released from ordinary training, paying a bush- el of corn per annum to the use of the company.
John Roe [of Gloster .- Waste Book.], released from ordinary training paying eight shillings per annum to the use of the Company.
Administration upon the estate of Anthony Newhall granted to Richard Hud, to settle it according to an intended will, which he left. Administration bond. Overseers appointed by the court : Matthew Farington, John Fullar and Nathaniell Kertland. t
fire occurred, not due to Granger's negligence, Kent was to bear the loss; dated July 19, 1654. Wit: Nicholas Noyes,; Anthony Somerbyt and Robert (his mark) Adams.
Another original of the lease, in duplicate, signed by Richard Kent. §
*The will of Hugh Chaplin of Rowley, dated 15: 1: 1654, proved : "Imprimis for my whole estate is at the dessposeng of my beloued wife Elesabeth Chaplin Duringe the time she dus con- tenew a widdow provided she dowe nothing in dessposing of my estaite with out the Consente || of | Thomas Mighell Maxsiemillian Jewite Thomas Diconson Hew Smith John Pickard But if my wife marrie then my estaite to be dessposed of by thes fiue men afore mensoned as after followeth if my esstaite be fourscore pounds then my wife shall have Thirtie pounds And the riste of my estaite to be devided equalie amongest all my Chilldren Onely my Elldeste sonne John Chaplin shall have thre ponnd more then anie one of my chilldren And my will is that my wife hane thirtie poundes oute of fourscore poundes and this preporsion to be cepte whether my estaite be more or lesse. Wit : Joseph Jewett; and John Pickard. #
tWill of Antony Newhall proved before Thomas Marshall, com - missioner, by John Fullar and Mathew Farington : "I will that
#Autograph.
§Autograph and seal.
33
RECORDS AND FILES
1657]
John Trumble sworn clerk of the market for Rowley. Edward Clarke of Gloster allowed to be clerk of the writs.
my grand child Richard hood shall hau on Ewe lamb att the next Encreast I will that my grand chilld Elizabeth hood shall haue one Ewe lamb at the next Encreas I doe giue my dafftter mary the third part of the Encress of my orchard for Seuen years afftter the datt hearof I doe giue my daffter mary that pcall of ground that lys one the other Syde the brook at the north End of my hows lott upon Condittyon that her husiband doe bulld a dwelling hows oppon it I will that my dafftter mary shall hau my fether / bed | aftter my deceas with all things bellonging to it only that my Son John shall hau a boulster ffilled with fethers Theas affowr- sayd legasys I giu my daffter mary for her carffull attendanc of me and great payns she hes bin at with me ;
" of the remayning part of my wholl Esttat I doe give my Son John newhall tow parts and to my daffter mary I gine one part deuided to Ech of them accourding to my will as followeth I will that my Son John newhall shall haue my hows and land that I now liue in bounded from the brook att the north End vpp to the land of gorg Frayll at the South End I will that my daffter mary shall hau that lott lying betwixt the land of John hawthorns and John Ramsdell I will that my Son John Shall hau 4 akers of that land that lys by Jonathen hudsons and my dafftter mary tow akers of that land that lys by Jonathan hudsons I will that my Son John shall hau twenty akers of oupland lying oup in the Country
" I will that my daffter mary shall hau ten akers of oupland lying in the Country I will that my Son John shall hau 4 akers of that medow that lys oup in the Country and I will that my daffter mary shall hau tow akers of that medow that lys oupp in the Country I will that my Son John shall hau tow akers of Sallt march lying in the town march att the tow tres and 3 akers att m' neadums and on aker Richard mors and on aker lying in the frech march I will that my daffter mary shall | hau | 4 akers of Sallt march lying towards goodman Edmonds in Rumlly in the first deuision and tow akers of Sallt march in the last diuysen I will that my Son John newhall shall haue Tow Cows and one oxe I will that my daffter mary shall hau on cow and on stear I giu my Son John 2 Iron potts and a great bras kettell
" I gin to my daffter mary on bras pan I giu to John tow pew- ttur platters and to my dafter mary on platter I giu to my Son on boulster on ould Couerlid and to my daffter mary on pillow I giu to my Son John tow par of potthooks and on pott hanger and one frying pan I giu to my daffter mary on warminge pan I giu my Son | John | on new Couerlide and a brase pott I gine my dauffter mary flocks for a littell bed I giu to my Son John 1 heck-
34
IPSWICH QUARTERLY COURT
[Mar.
The constable of Newbury made a motion for a penny in the bushel and demurrage to remain till Mr. Batter be spoken with.
ell and to my daffter mary the dubull heckell I giu to my Son John and my daffter mary the grinston betwixt them So long as it last I will that what So Euer of my Estat yt is not yet giuen or yett deuyded shall be giuen tow parts to my Son John and on part to my daffter mary
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