USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 42
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52
¿Writ, dated June 15, 1662, signed by Daniel Denison,§ for the court, and served by Robert Lord,§ marshal of Ipswich, by attach- ment of a calf and six swine of defendant.
Search warrant, dated June 23, 1662, issued by Daniel Deni- ison,§ to the constables of Ipswich or Wenham, for the apprehen- sion of " Hope Tiler a youth of about 13 yeares of age, who is run away from his Mr Thomas Chandler of Andouer who as I am in- formed is entertained by Richard Coy," and to bring him to the court at Salem, if sitting, or before said Denison to be proceeded with according to law. Theophilus Wilson,§ constable of Ipswich, on June 23, 1662, appointed Robert Lord, sr., his deputy.
§Autograph.
404
SALEM QUARTERLY COURT
[June
John Reddington v. Mr. Symond Bradstreete. Review of an action tried last Ipswich court, by Mr. Samuell Bradstreete, attor-
Thomas Chandler's bill of charges, 3li. 7s.
Nathan Parker, aged about forty years, testified that about four years since, Job Tiler and Thomas Chandler desired deponent to make a writing to bind Hope Tiler, son of Job, apprentice to Thomas Chandler, which he did according to his best skill. This writing, Mr. Bradstreet afterward saw and perused and adjudged it to be good and firm. The term of years mentioned was nine years and a half and said Chandler was to teach him the trade of a blacksmith, to read the Bible and to write so far as to be able to keep a book so as to serve his turn or to keep a book for his trade, and to allow him meat, drink, washing, lodging and clothes. De- ponent was to keep said writing safely, which he did for about three years, and Job Tiler often asked deponent to let him have it, but he refused, because it was agreed by both parties that deponent should keep it. Finally Moses Tiler came with John Godfrey to deponent's house, as his maid servant and children told him, when deponent, his wife and his maid were not in the house, and sent the elder of the children out of doors. As the younger child told deponent when he returned, they took the writing down, which he had stuck up between the joists and the boards of the chamber, and the child thought they burned it in the fire. And when depo- nent returned, he feared the writing was lost, because he certainly knew it to have been there when he went out of the house about an hour or two before, as he had taken it from his pocket when he came from Mr. Bradstreete's. He had also warned his children not to meddle with it, which he verily believed they could not, for he himself was forced to stand up in a chair to raise up the board to put it under. The elder boy before he was sent out of doors by said Moses, saw said Tiler and Godfrey look up to the place where the writing stuck and he told them that they must not meddle with the writing for their father had charged them not to do so. Deponent had never seen the writing since, and asking said Tiler and Godfrey for it, they did not deny that they had taken it down, but said they did not have it and did not know where it was, etc. Sworn, June 16, 1662, before Daniel Denison .*
Georg Abbott, aged about fifty years, deposed. Sworn in court.
Wiliam Balard, aged about forty-five years, deposed that about six weeks since, the house of Job Tyler being burned, he gave said Tyler's wife leave to come with her family for a time and live at his house. Her husband at that time was not at home. She ac- cordingly did so and there remained to this date.
John Godfre deposed that he saw Moses Tyler, Goodwife Tyler being there also, take down the indenture in Nathan Parker's
*Autograph.
405
RECORDS AND FILES
1662]
ney to Mr. Symond Bradstreete, about a parcel of land lying in Topsfield. Verdict for defendant .*
house. Deponent went with them to their farm, and Moses said to him, " Godfre I haue got my Brothers indentuers and nowe lat Chandler dou what he can wee will take away hope frome him and that night I see the indentuer by moes burned in the sight of his father and then he said now father you may take away hop when you will from Chandler and lat him proue a righting if he can and thay gratly Tryemped." Sworn in court.
*Writ, dated June 13, 1662, signed by Robert Lord,t for the court, and served by Tho. Chandler,; constable of Andover, by attachment of house of defendant.
Samuel Bradstreet's bill of charges, 15s. 6d.
Copy taken out of Ipswich town book, Mar. 13, 1661, by Robert Lord, clerk : Granted at a general meeting, 7: 12: 1639, to Mr. William Paine, 260 acres in exchange for 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. Whittingham, Mr. Bradstreet and " my owne which I bought," he was to leave it between Mr. Bradstreet and himself, and a way of six rods broad to lead frrom Mr. Bradstreet's into common near Mr. Whitting- ham's farm. Copied from the original on file among the records of Ipswich court, June 19, 1662, by Robert Lord, t cleric.
Copies of grants to Mr. Bradstreet and Mr. Paine, taken from the files of the last Ipswich court, by Robert Lord, t cleric.
Granted to Mr. William Paine about ten acres of land, joining to his marsh bought of Mr. Dillingham, having the land of John Catcham on the east and the marsh of Thomas Scott on the south. Also twenty-five acres beyond Muddy river, bounded by Muddy river on the south-east and by a grindell that runs into Muddy river, and so to the corner of the rails on the southwest, having the common on the northwest and the highway that leads to Rowley on the northeast. Also a farm at New Meddowes, one part of it lying beyond the farm granted to John Webster, having a swamp on the north, a brook on the northwest, the river on the south, and part of the meadow lying on the south side of the river. Copy from the town book of Ipswich of the first part of Mr. William Paine's grants, which were not copied out for the last Ipswich court, made June 19, 1662, by Robert Lord, t cleric.
Copy of judgment of Ipswich court in action of Mr. Simon Bradstreet v. John Redington, made by Robert Lord,t cleric.
Copies of depositions of John Wilde, Ensign Howlett and Corp. Gage, taken from last Ipswich court files, by Robert Lord,t cleric.
Frances Pabody, aged about fifty years, deposed that he helped +Autograph.
406
SALEM QUARTERLY COURT
[June
to run the line between Mr. Whitingham's farm and Mr. William Payne's ground, now in possession of John Ridington, and they began at the marked tree at the northwest corner of the farm and ran to another marked tree, said to be the northeast corner of Mr. Whitingham's four hundred acres last laid out, about sixty poles, then turned on a square and measured about eighteen or twenty rods to a tree that was called Mr. Bradstreet's bound tree. "this Eightene or twenti Rod that is mencioned John Ridington leaues out about sixtie Rod from the plac we mesered Roning to ward the darke swamp as will apeare as I reson by a draft in a paper which he showed me and saith he will giue in to Cort." Sworn, 24 : 4 : 1662, before Samuel Symonds .*
Abraham Redington deposed that when he went up with Mr. Bradstreet to hire his farm, being together near the cowpen brook, Mr. Bradstreet told deponent that his land went sixteen rods toward Mr. Whittingham's farm, understanding the sixteen rods to be no part of his first grant. He also told deponent that all that meadow from the cowpen brook, which lay on that side of the way toward the dark swamp, as now it is called, was Mr. William Paine's. Deponent also testified that there was a strip of land or a highway by Mr. Whittingham's line and Mr. Paine's, almost to the dark swamp, and thence the highway leads to the common over some part of Mr. Whitingham's land. Also, a parcel of land was laid out to Mr. Bradstreet, joining to Mussye's meadow, which Mr. Bradstreet bought of Goodman Mussye, up to the corner of the farm by the cowpen brook, which was part of Mr. Paine's land which Mr. Bradstreet had in exchange for land Mr. Bradstreet parted with to Mr. Rogers. Also, Ensigne Howlett told deponent that Mr. Whitingham's line of his four hundred acres held the same line to the river. Sworn, June 19, 1662, before Samuel Symonds .*
Thomas Perkins, sr., deposed that he was present at the running of the line. They began at the corner tree next the common and ran down to the dark swamp about four-score rods and so to the other corner tree about eight score, and so on upon the same line until they came to Mr. Bradstreet's bound tree about sixty rods more, which is eighteen or twenty rods wide of the line as it is drawn out in the paper by John Redington, etc. Sworn, 21: 4: 1662, before Samuel Symonds .*
Robert Lord,* cleric, certified, June 19, 1662, that he searched the town book of Ipswich at the desire of John Redington, and he found that Mr. Bradstreet's grant of a strip of land was written in order after the grant to Mr. William Payne, and in not the same hand, without date, and with other grants between.
Zacheus Gould deposed that several years since, the town of Ips- wich desired to exchange some land with Mr. Brodstreat for Mr. Rogers, which Mr. Brodstreat agreed to, if Mr. Willyam Payne
*Autograph.
.
407
RECORDS AND FILES
1662]
William Edmonds v. Benjamin Kimboll. Debt. Withdrawn .*
John Devorix v. Cristopher Nicholson. Trespass. For pulling down the fence of said Devorix and laying open his ground to the common.t -
would let him have land of his which lay near, to which Mr. Payne agreed. Insine Howlet, Corperal Grig, old John Perkins and depo- nent were appointed to lay it out on both sides. They laid out to Mr. Brodstreet one parcel of Mr. Payne's land, which lay by a brook called the Mile brook, which is near Topsfield, on one side of it and a meadow called the hasacke meadow on the other side of it, and Mr. Brodstreat's land elsewhere. They laid out another parcel on the other side of the brook of Mr. Payne's land to Mr. Brodstret, which land joined the land of the latter. Further deponent testi- fied that a little before the last Ipswich court, he was at John Red- ingtones house and the latter and Ensign Howlet were speaking of the coming suit and Howlet told Redington that he must be a wit- ness against him for he could testify that Mr. Brodstreet had a strip of land granted to him thereabouts. Deponent asked Howlet if he could tell where it lay, and he replied that he could not, but he had heard some say that it went to an old tree in a place called " durty medo," and he did not know whether any of the land granted Mr. Brodstreat was within John Ridington's fence. Sworn, 21 : 4: 1662, before Samuel Symonds.#
*Writ : William Edmons v. Benjamen Kimball ; for not deliver- ing a mare colt which was delivered to defendant to keep for plain- tiff about three years since, which colt he had received of Henery Green of Hampton ; dated Apr. 14, 1662 ; signed by Samuell Dalton,# for the court, and served by Jon. Clough constable of Salisburie.
+Writ, dated May 15, 1662, signed by Hillyard Veren,# for the court, and served by John Legg,; constable of Marblehead. Bond of Christopher Nickelson,¿ witnessed by Francis Johnson.}
Bill of charges, 1li. 10s.
John Bartoll,; John Peach, # John Peach# and Willia. Charles, ; arbitrators in this action, concerning pulling down a small parcel of fence standing, as Jo.Devorix pretended, upon that parcel of rocks which the selectmen gave him, reported as follows : " Trueth it is we gaue him a quarter of an Acre of land which the sd pretended Fence wch is yet at the Commoners pleasure for limitation for it was neuer bounded out by any, & therefore we conceine it is no matter of Trespasse because the sd Jo devorix was not to ympeade any neaghbour of free Ingresse & regresse To or from the waters side, we used all means we could that so this Court might not be troubled to pswade unto Arbitration wch being Assented unto The men chosen met there could be nothing done unlesse the sd Jo.
#Autograph.
408
SALEM QUARTERLY COURT
[June
Mr. Georg Corwin v. John Godfery. Replevin. For distraining two oxen and a cow. Jury reported that if the conveyance of the
deuorix might be Judge in the case wch was refused to be Assented unto."
John Peach,* John Bartoll,* John Clemants* and John (his mark) Legg, the major part of the selectmen of Marblehead, “ Up- pon the 4th day of June in this psent yeare 60 do freely grant and bequeath (diuers Consideracons mouing us thereunto) on smale pcell of Rockes adiacent to a stage of his newly erected unto John devorix his heires and Assignes for euer, hauing full power to act by generall consent of the towne who gaue us fule power to agitate the Towne affaires Uppon the 5th of Janaery wthout limitation. These rockes being by estimacion on quarter of an acre The sd rockes lying betwixt the purchased land of Jo. deuorix on the south- west & the land of Will nickes on the northeast."
James Brading, aged about twenty-nine years, deposed that he had occasion to be at Marble Head often in the past two years and a half, and often went on the land and over the fence, which fence always stood where it did until pulled down. Sworn in court.
Mary Clarke, aged about twenty-nine years, deposed that the first year the stage was built, her husband worked with John Dev- eriks about the fish. The fence was then set up, and has ever stood until now. Since that time, her husband had made winter voyages. Sworn in court.
William Reymer, aged about thirty-five years, deposed that John Devreux, when he went to the eastward, left the charge of his stage, housing and blubber casks to deponent, who was very careful until the beginning or the middle of May. Then Christopher Nicholson pulled down the fence, of which deponent was an eye witness, to his great trouble, for he was fain to watch early and late, to the loss of said Devereux two butts, two hogsheads, half or three-quar- ters of a barrel of oil, besides other materials, as flakes, all being laid common. Said Deuveuxes wife was constrained to send her man with some fence of her own, which fence deponent saw after it was set up. Sworn in court.
Robert Paty, aged about twenty-three years, deposed that about the beginning of May last, Christopher Nicholson pulled down eight or ten poles of his master's fence at the stage. " My master being not at home my dame went to ye select men, who ordered her that her man should set it up againe, & when he had almost set it up, to one panell of railes, ye | said | Christopher came & puld it downe againe, & bad me, go home & tell my dame yt what he had done he would answer it, & if I did set it up neuer so often, he would pull it downe, if it cost him a hundred pound then I gaue him charge of ye fence to looke after it, being my master's goods, then I went to
*Autograph.
409
RECORDS AND FILES
1662]
cattle to Mr. Corwin by Job Tyler was legal, they found for the plaintiff, if not, for the defendant. Court adjudged the conveyance not legal .*
Tho. Chubb v. Tho. Tuck. Withdrawn.f
John Godfery v. John Carr. Battery. Nonsuited, the defend- ant being not legally summoned.#
John Godfery v. Job. Tyler. Debt. Verdict for defendant. Court did not consent to this verdict.§
ye selectmen & they wisht me to sett it up where it was before & take wittnes with me our neighbours being then disturbed & in an uprore, my dame orderd me to pull downe our orchard fence 9 or ten panell of rails to secure their Corne, which we need not else to haue done. this being in planting tyme in ye midst of our busines." Owned in court, July 7, 1661, by defendant.
*Writ of replevin, dated June 16, 1662, signed by Hillyard Veren, | for the court, and served by Thomas Chandler, | constable of Andover. Bond of George Corwin, || witnessed by Hillyard Veren. ||
William Ballerd, aged about forty-five years, deposed that the two oxen and one cow of Job Tiler upon which John Godfree levied his execution, said Tiler told deponent were the same that he had made over to Mr. George Corwin. Sworn in court.
Moses Tiller, son of Jacob, deposed. Sworn in court.
Bond, dated May 6, 1662, Job TilerT to George Corwin, mer- chant, of Salem, for debt of forty pounds. Tiler gave two oxen, two cows and a heifer on his farm at his dwelling house in Ando- ver, also twenty-five acres planted with corn, as security. Wit : Tho. Dean || and Samuell Bosworth. |
+Writ : Thomas Chubb v. Thomas Tuck; for a cow of his that was lost, and which went with the herd under charge of said Tucker, the herd being neglected ; dated May 21, 1662 ; signed by Hillyard Veren, | for the court; and served by Benjamin Balch, || con- stable of Salem.
¿Writ : John Godfrey v. John Carr ; for battery, assaulting him and abusing him by calling him rogue and witching rogue and threatening to beat him; dated May 23, 1662; signed by Daniel Denison, || for the court ; and served by Thomas Chandler, | consta- ble of Andover, by attachment of two young cattle of John Carr.
Bill of charges, 1li. 18s. 4d.
§Writ, dated Mar. 31, 1662, signed by Daniel Denison, | for the court, and served by Thomas Chandler, || constable of Andover, who committed defendant to the keeper of Ipswich prison.
|| Autograph.
TAutograph and seal.
410
SALEM QUARTERLY COURT
[June
John Godfery v. Richard Ormsby. Debt. Verdict for plaintiff, his bill of 440 bushels of wheat, 60 bushels of rye and 54 bushels of Indian corn .*
Copy of Ipswich court record of Mar. 25, 1662, in action of Job Tyler v. John Godfry, made by Robert Lord,i cleric.
Thomas Chanler testified that " I goeing to Jobe Tylers hous to sarve an attachment I did tacke John Godfry with mee & when I Came to the sd tilars house John Care being thare said what Come you heather for godfry you wiching roge I will sd John Care set you out of dores this deponant sd to the sd Care let John godfry alone the sd Care said he would not : but said what had you to doe to brieng such a roge with you : & the sd Car immedatly run his fist in the sd godfrys brest & droue the sd godfry up against the Chemne stocke which was veary Ruged then I Charged the sd Care to be quiat and let John Godfry alon but the sd Care sd he would turne the sd godfry out of dores and kicke hime downe the hill and againe this deponant Charged the sd Car to let the sd godfry alone and soe Care did forbar and Caled the sd godfry many bad names." Sworn in court.
Mary Titcom, aged eighteen years, deposed that John Godfry and Job Tiler being at her master Somerby's house, she witnessed the bond, etc., and the first payment was to be made the first day of March last past. Anthony Somerbyt testified the same. Sworn, Apr. 28, 1662, before Daniel Denison.t
Anthony Somerbyt testified that the mistake in date on the bond, which should have been 1661 instead of 1662, was his error, and the first payment of four score and one bushel and a half of wheat was due on Mar. 1 last past. Sworn, June 26, 1662, before Samuel Symondst and Edward Woodman.t
Bond, dated Mar. 26, 1660, Job Tilert of Andover to John God- fry, for eighty-one and a half bushels of wheat, to be paid on Mar. 1, 1662, at the now dwelling house of said Tiler in Andover. Tiler gave his dwelling house and land in Andover as security. Wit : Mary Titcomet and Anthony Somerby .¡
*Writ, dated Apr. 1, 1662, signed by Anthony Somerby,t for the court, and served by Joseph French,t constable of Salsbury, who appointed Andrew Greely his deputy to carry Richard Ormsby to prison.
Richard Ormsby presented these considerations to the honored court : When the bond was made, the land was bound only to pay the debt if the corn failed, but Godfery had offered it for sale and some had come to see it, saying they were to plant it, whereupon he had been kept from planting about fourteen or fifteen acres, which would be to his great loss if the bond held good ; the land was of considerable value and as to the payment of the just debt,
+Autograph.
411
RECORDS AND FILES
1662]
Job Tyler v. Samuell Archard and Thomas Chandler, his depu- ty. For not returning an execution as the law requires. Verdict for plaintiff. Court did not consent to this verdict .*
he had offered him ten pounds more ; that he had parted with what he and his family should have lived on, and had not left enough land in which to bury himself.
Tho. Bradbury,t recorder, certified that Jno. Severans, in the presence of the county court at Salisbury, 8 : 2 : 1662, tendered, in behalf of Richard Ormsby, very good English goods to satisfy Jno. Godfrey the sum of ten pounds.
John Ormsby, aged about twenty years, deposed that he heard John Godfrey say on Apr. 3 that he would go after deponent's father after he had sent him to prison, and if he would give God- frey ten pounds more than the land, he would give him his bond, etc. Sworn, 12: 2: 1662, before Tho. Wiggin. Copy made by Tho. Bradbury,¡ recorder.
Andrew Greely deposed that Goodman Ormsbie gave Godfrey possession of the house, etc., at deponent's house. Sworn in Salis- bury court, S : 2: 1662, before Tho. Bradbury, recorder. Copy made by Tho. Bradbury. t
*Writ, dated June 10, 1662, signed by Robert Lord,t for the court, and served by Robert Lord, t marshal, by attachment of the house and land of Thomas Chandler.
Execution, dated 18 : 11 : 1661, against Job Tyler of Andevor, signed by Hillyard Veren,t clericus, and served by Thomas Chan- dler, t whom Samll. Archard appointed as his deputy, by attachment of cattle. Copy made by Hillyard Veren,t clericus.
John Gell, aged about forty years, and John Ormsby, aged about twenty-one years, deposed that the land was delivered to John Godfery, etc. Sworn, 23: 4: 1662, before Elea. Lusher.t
Joseph Fletcher, aged twenty-six years, Jno. True, aged about seventeen years, and Henry True, aged about fourteen or fifteen years, deposed. Sworn in Salisbury court. Copy made by Tho. Bradbury, t recorder.
Bond, dated Feb. 25, 1658, Richard Ormesby# of Salsbury to John Godfry, for 440 bushels of wheat, 60 bushels of rye and 54 bushels of Indian corn, to be paid on Mar. 1, 1661, at said Ormes- by's now dwelling house in Salsbury. Land in Salsbury given as security. Wit: Anthony Somerbyt and Isack Tappen .; An- thony Somerbyt made oath, June 26, 1662, before Samuel Sy- mondst and Edward Woodman.t
John (his mark) Godfry, in case of his death before the expira- tion of the bond, assigned the bond to Jacob Ormsby, son of said Richard Ormsby. Wit: Anthony Somerbyt and Isack Tappen.t
+Autograph.
#Autograph and seal.
412
SALEM QUARTERLY COURT
[June
John Carr v. John Godfery. Defamation or slander. Non- suited .*
William Ballard, aged about forty-five years, deposed that on May 13th last the constable went to deponent's house, to serve some executions for Godfre upon Job Tyler's cattle, which were kept there. After him came Moses Tyler and Carr, the latter say- ing to the constable, "I charge you medell not with them two oxen, for I will take my oath thay are mine for three months agoe under hand and sale and I will bring others to sware to it besids my salfe." Thomas Chandler testified to the same. Sworn in court.
George Abbott, aged about fifty years, deposed that Moses Tyler told him that they went for a little hay, and in coming home the ox was so tired that he thought he would have died, but they after- ward got him home. Sworn in court.
Mark Graves, aged about thirty-nine years, deposed that Thomas Chandler said that he had four executions of Godfrie's to levy, three of them coming from Mr. Denison. Sworn, June 16, 1662, before Daniel Denison.t
Robert Lord, marshal, deposed that Thomas Chandler told him that he had served an execution for John Godfry upon two oxen of Job Tyler's, and that both parties agreed to leave it to him to ap- praise them, which he did at twelve pounds, etc. Sworn, June 23, 1662, before Daniel Denison.t
William Ballard deposed that the cattle were in good condition until the execution was levied upon them, etc. Sworn in court.
Thomas Johnson, aged about twenty-eight years, deposed. Sworn in court.
Marget Ruse deposed that John Godfry told her that he was to have a pair of oxen upon execution from Job Tyler and asked her if she would not keep the oxen for him and let them go upon the common with their cattle. She told him that they could not live upon the common and he replied that he would get a load of hay of Seargant Osgood or somebody. Godfry further said that he would sell them the oxen and if they would fatten them and kill them, he would take Indian corn or whatever pay he could get for them. Deponent told him that she would speak to her husband about it. Sworn, June 16, 1662, before Daniel Denison.t
Mary Tyler, aged about eighteen years, deposed. Sworn, June 16, 1662, before Daniel Denison.t
*Summons, dated June 16, 1662, to John Godfry, signed by Edmond Fawkner, f for the court, and served by John Carr,t con- stable. Wit : Margit (her mark) Rous. Copy made by Ed. Fawkner.t
John Godfre's bill of charges, 2li. 1s., in Carr's action, and 2li. 17s., in Tyler's actions.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.