USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 9
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10 Credit at all. so that we required of him to fill up his blanck & to acknowledge & set downe what Credit he gaue both to Awbry & the rest & so he taketh them & keepeth them about Fortnight & filleth his blancks with about the sum of 50 and then bringeth a nother accompt of 2301i & upwards all wch accompt he brought to the sum of 16284li. 7s. 4d. & so made y" depter on the ballance of his accompt 702li. 1s. 6, but y" must take notice that he giveth to Awbry what Credit he pleaseth & so to Captane Tinge & my selfe so likewise denyinge what we shall pve dd. to him: so we expect the auditing his accompts. but he cometh not to his auditor to speake wth him a longe time though I expectd yt & spake wth him thereabouts.
" he told me in" Gifford never spake to him since he dd. us the account to puse & to make our exceptions for it was ordered that we should have his accompts to puse som fortnight time or up- ward that we might ppare our exceptions but now prsently before he spake to us or brought his accompts to be audited he attacheth your estate and psecuteth a suite against y" for 3000 at Ipswich Courte and summoneth me to answer his action in your behaulfe and never giueth anie of us his accompt nor sheweth us what his demands ar : so when I appeared at the courte he put in his decleracn & prsenteth his accompt wch was for the balance of his former accompt and other his disbursmt as prtended, to the sume of 2065li. 15s. 11 due to himselfe & som workmen & he wayveing his former ballance of 702li. swereth to his accompt & had a verdict against y" for 1363. 14. 5 though the Jury did cauteously suspend ani execution untill auditinge.
" so about three weeks after that court neglectinge or not caring for auditinge his accompts but purposing a secret wile subtell plott had gotten a Speciall Court to be called and held at Salem wch was the 25 of october last & there rested us, pticularly the comis- sioners for 2000li. to answer his suite against us : as also again rested or attached estate | of mr John Bexs & company || for 2000li. as I remember for sallery & other disbursment due to him. so we must then to Salem Court & there spend manie dayes to defend your cause and since we overthrew the legallitie of that speciall courte & so nothing was don but spent much time & monie on charges & witnesses but now understanding the wiles of Gifford his intent was amongst others things to get his execution wch in the former courte was given against your state & get what he could or so to be gon as he prtended for England : but now at that court arested him for an accompt & breach of Covent for 25000li. & a nother action for a pticular accompt of all Iron cast wares sowe Iron run & cast & made since he came to the works & for breach of Covent for not giving accompts accordg to articles of agremt. wch actions were psecuted & manie dayes spent & manie witnesses therin & the jury findeth the breach of covent but cannot agree about the dam- adges untill the accompts be audited & auditors ar apoynted ther- fore wch cannot be don before these ships be gon :
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" an further verdict is that he shall bring in all his bookes to court or auditor generall for the country wch openly Pressed in Court he would not do. but would rather ly in prison 100 yere if he did liue so longe : & so now he is in prison but what the ysues therof will be I doe not yet know. the books if could be gotten I meane his orignall day book & accompt wth workmen would dis- cover much of his underhand dealing. if I should but writ & declare his carriages not only to court to us the commissioners & to the pore workmen : it must not be a letter but a volum. to con- tane I will not here relate the complt of workmen against him for not giuing them pticular accompt of his paymt to them not rekon- ing wth them but once or scarce twise in a yeere his beatinge of som on the high wayes in there houses his selling your estate for oxen sheepe Cowes horses & all these John Gifford teemes & Cowes his trafficking of your state by sea here & there. his underhand trading for tobacco 27 hogshead at on time lately & sold & sent away & Iron sold latly & understand not that litle returned for paymt of workmen : & we hade manie witneses to pue this
" about 4 or 5 dayes since the depositions are in courte & I pur- posed to take them out of Courte & to send them unto yu by the next ship (but by these) so much time haue I spent in answering suits fro Court to Court that I dare affirme I am a hundred pownd damadged by yt wch I can clerly demonstrate yet notwithstanding if I can but give Contentmt & have my travells accepted I have what I look for, if not then I can haue the witness of a good conscience that I have discharged my trust accordinge to my best light & power : & not sought myself but yours in my labors : but y" may in your thought lay blame on us the comissioners for not puttinge him out of your Imploymt seing your estate so wasted & men abused & I answer yu gaue us not in your comission that power neither to put him by nor receave anie thing out of his hands only to call him to accompt & that was all and John Gifford boasted of that about the Country that the Commissioners cannot or shall not put him out of his place & indeed he had such instructions from such whom y" haue & did considr to be helpfull unto yu (as I was informed) & he haue apeared in Court against y" & pleaded Gif- fords cause. but I desired him to be tender, & therfor but gaue a hinte & no more.
" and for the receving anie the state or effects of the works Gifford would say we had no power to take it out of his hand & such was our condition that when we had accordinge to your orders agreed wth Mr Houtchins & Mr Severn & Mr Tutle for there ptested bill wch was for neere 900li. to pay them in Iron & som potts & ingaged our selves therto : & send to him our letters to send Iron for theire paymnt he refused & retourned this an- swer exept I would pay him in monie & pvision he would dd none. and manie times when the workmen had no pvision to eate. that they have don nothing in a week together for want of
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[June
breade he haue kept Iron by him & send the workmen to Boston to me to pvide for them and haue drawne many hundred pownd out of my estate & pmised me Iron for yt & sent me a pt but nothing like the vallewe for what monie & pvitions I sent him and as for paymt of all your dept we could never get aboue 18 tun 5 C of Iron & about 2 tun of potts out of his hands and that he chardgeth on my pp accompt and saith my estate shall make it good and now if Captain Bridges had not layd an attachmt on the sowes at the works for our indempuitie the aforesaid would com on our estates for paymt of them having engaged ourselves to them for they would not com in as the other Creditors did on the workes : John Gifford would kepe the Iron in his own hand as he said for his owne securitie for such depts as the companie owed him & divers tunnes as sold this sumer but what is becom of pduce we know not we canot get a pticular accompt of what sow was runn & therefore we cannot learne nor fined out what he hath drawne but take such accompt as he will give :
" but now to give y" som accompt of your busness & our treaties wth the Creditors whose bill last came ptested I may truly say the retourninge those bills ptested is or may be 100li. at least lost to y" how ever god may turne it to the best in putinge out that Caterpiller that might haue devoured all for our power given us would not reach yt I say the loss is greate for y" might have taken up : for 6li. { C. wch is 60: > 100li. & then the damadge would haue bin saved : & we should haue pswaded them to stay for the remainder 3 qters or nere a yere more & the credit of the works would haue pcured necessuries & we might wth good husbandry worked out or depts but when the bill came ptested every on cometh & requireth not only theire psent bill but all such depts as ar due to them & non will trust the works on shillinge. now when the creditors demande theire paymts of us we told them that if they would stay we would make them the best way we could but when we considered that there was no monie to be taken on inter- est in this country and then examing the stok there was not a tun of Iron as we knowe only som sowes aud no pots nothing but a few coale then made & very litle mine brought & did understand that what coal was to be made & carried & mine diged & brought the laborers & carriers must be paid for & nothing in specie to pay for that and a drought in the country that no Iron could be made all sumer untill winter to pcure anie thing for paymt of workmen & laborers : then what coales & mine should be made & brought would be indeptd for, we could not see how or what way to giue satisfac. to the Creditors.
" then we thought of compownding wth the Creditor for time & agred for to put the damadges to the courts to determine and the court did so. but now securitie must be giuen for paymt. wch the creditors expected for say they the workes may be sold & therfor they would looke for security. now no effects or stock was there
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to do yt, then we had serious thought to mortgage the works for securitie pvided that the generall Court should or could confirme our power but at the Court & before our majestrate, manie of them tendering your condicion did writt to us to comploy to geather & what advise or helpe they could afford they would assist us for the stating & yssning agremt. but in fine after much debating & agitation they would not nor could advize for mortgag being not in our power & knew not what to adviz. seinge the state of the busines stood on such a desperate condicion as it did then there was noe meanes left but to leave it to the lawe & justice to order yt. then the Creditors comenced suits against the workes & that stock as was Found there & they ioyntly had a judgmt of 3670 or thereabouts as p the verdict of Court appeareth & they ar levyg execution on yt. & but the Coppie of the pticulers executed & prised I have not as yet com to my hand the prisers ar this day again about yt.
" there ar manie poore workmen, country men mine carriers col- liers & cole carters & other workmen. do make a grievous complt for paymt of their wages. it grieveth me to heare yt. I belene the maiestrates of the country will compell the Creditors to make paymt to the poore laboringe meu. I thinke the most pt of coale & mine is yet to be paid for : and now the Creditors ar husbanding the workes & it appeareth to me a greate change quickly & manie pownd saved that was lavishly spent wch here I canot haue space & time to writt. but on especiall. the coale measured now. when at first they entered they measured the coale & the loades held 7 qrters & 1-2 wch then & now should be 11 qrte then they waied the mine & found about 14 or 15 C. wch should be 20 C. & the work- men said these loads wer biger then formerly were wont to be brought & indeed they haue often told me there was no care to looke to the loads of mine or coale & so other things I could hint y" of. but now y" understand the condicion of your workes under execution, yet this I shall informe y" that all the Creditors haue joyntly agreed & resolve to tender & render unto y" the works fully & wholly againe condicionally y" satisfie & paye them ther just depts & dewes and what newe arreges & costs they haue & shall be at therein or thereabouts & desire not anie waies either to obstruct or keepe the workes fro y" as y" may cleerly understand by a letter from them to wch I refer y" for my pt I cannot see but by prudent impving of them but there may be advantage by them. as I beliue y" will clerely understand this yeere. and I should willing advance for my fifty pownds share for redeeming them, if the rest of the companie will condisende thereto wch I hope they will & looke bet- ter next to whome they comit theire estates unto & beare a check & more command over agents & not let them lord out theire estates & doe what they list wthout controll
" I should now giue y" an accompt of my owne ioyning wth the Creditors in comencing a suite to gett mine owne due I shall
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SALEM QUARTERLY COURT
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writt litle but first I say that I labored wth all might to forbeare & giue time wch they would haue don if they could haue securitie neither would haue anie way psecuted wth them but seeing all others did ioyntly psecute they would have taken what they pleased & soe might suffer much on that accompt & shift for my selfe & I could and now I desire y" to consider my condicion. I am allmost striped of my estate and do stand ingaged now for this monie to divers men to pay them in England wch I took up in monie & pvisions for your works & did not gaine on penny for neere 300li. or upward lately dd & unto Captain Tinge nere 700li. did I lend most in curant monie and it was to redeme that Iron sent to England fro Gifford hand for he would dd him no more Iron then he paid him for in hande : I pray haue a favourable con- structio of my pceeding therin & accept thes rude lines wch I am inforced to writ in hast : the shipes beinge under sayle and my time haue binne for neere 3 weekes takein up in Followinge your suites & ridinge into the Country hither & thither to summon witnesses to our Courtes y" litle consider my burthen & traveill & expences herin being compelled out of mine owne purse to pay all chardges in these suites wch is no smale sume : & I must acknowledge that Captaine Bridges haue spent a great deale of time herein & doth much acknowledg his erors in writinge in the behaulfe of John Gifford beinge over com wth indulgencies & his faire & cullord prtences to him but now of late did Clerely see his underhand deal- ings & assum that y" did hope to intrust for your good as formerly I writt herin we did finde against y" but that I leaue, and as for your accompts I could wish I could send them to y" but cannot for prsent & the deposicions against Gifford in courte whereby y" may both understand his cariadges & chardge & his vast excess accompts I do believe that if y" take but his owne accompt giuen though he giveth Credit to Awbryes accompt what he left & to Captaine Tinges accompt and nothinge to M' Foote his accompt for rod Iron rec. & so to other accompts that we shall pue to him. I say but take his accompt as it standeth your Iron will cost 26 or 27li. p tunn & potts 35li. a tunn. but now I cannot enlardge myselfe to y" but must craue your patience untill the next opptunitie wch I doubt not but will shortly and then y" may god willinge receive the whole so cravinge leave for prsent desiringe the lord to guide y" in all your undertakinges I rest
" Yours to serve y" to his power " Henry Webb."t
Complaint of Mr. Webb against Mr. John Giffard, in his letter, Dec. 14, 1653 ; charges, dated June 30, 1658, and signed by John Giffard. +
Webb's answer to Gifford's complaint signed by Henry Webb.t William Bartholomew testified that before Mr. Giffoard went to
+ Autograph.
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England when the case was upon trial in the General Court, two eminent members of the court told him that there should be proof made that Mr. Gifford had conveyed away 900li. of the estate of the company, etc. That it was a matter of grief to deponent that the judges should be so misled by false reports, and upon inquiry among the workmen concerning Mr. Gifford's actions, he found that they agreed that Gifford left a stock of coal, iron & mine at the works greater than there had ever been there before. Sworn before Daniel Denison, * June 30, 1658.
Copy of deed to William Paine from Henry Webb. Whereas at a special court held at Boston, Sept. 14, 1653, several creditors of the undertakers of the Iron works in New England, commenced a suit against the estate of Mr. John Bex & Company of under- takers, upon a judgment of 3,658li. 13s. 4d., in which was included Mr. Webb's bill; and it was allowed by Capt. Robert Bridges and Mr. Joshua Foott, two commissioners and attorneys of the com- pany. William Paine of Boston, merchant, in consideration of said Webb's assigning all his interest in the works at Lynn and Brantree for 1,300li. to said Paine, agreed to pay 25 tons of bar iron delivered at the dock in Boston, in four instalments, to said Webb of Boston and one-half of what Capt. John Leverett shall have sold the iron works for. Dated, Feb. 3, 1657. Wit: Edward Hutch- enson and Edward Rawson. Copy made by Hilliard Veren,* clerk.
Further answer of Henry Webb .* The oxen were sent away or sold to Mr. Brown or others, and some other cattle at Ipswich or at Mr. King's farm, also the goats and sheep. Mr. Gifford chal- lenged them as his own; but being bought with iron, the cattle belonged to the company, and Mr. Gifford could not transfer them to his personal account nor have the use of what they earned, since they were kept at the expense of the company.
Letter of Henry Webb, dated at Boston, Dec. 14, 1653; ad- dressed " To the worl Edward winslow or in his absence m' John Beex march London." " Leave this wth mr Josua woolnough at the kings heade in Gracia streete drap. to be dd as Supra : dute." " p viam Barbados p amicum q d prsen."
" Boston the 14th of December 1653
" Honored Sr
" Yor Lettr of ye 24th 7th (53) came safe to my hands in wch I doe observe yor tendernes of my condition for wch I am obliged to you by ye New England m'chant, yt set saile from hence in ye 9th mo last were seuerall lettrs sent by each pticular of yor Commis- sion's, yt did signifie ye sade condition of works & how runne out & ye vast sumes due to seuerall men being for money and pvis- ions, & taken up for supply of ye workmen by yr Agents & you giveing ye Comission's order to satisfye ym, & hopeing yr was estate
*Autograph.
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sufficient to pay all men engaged orselves for about 940li | with intreest untill | yr came other bill ptested & moneyes, yt Capt Ting did take up, & pvisions, for use of ye workes, for wch he redeemed yt Iron sent by him to London out of ye hands of Jnº Gifford (for he would dd noe more of yor estate, then what he re- ceived in money ) & pvisions in hand, so yt when all ye Credit's came to demand yr due wee found besides ye 9401i expressed y" was due to seuerall men
" As p form" lettrs sent you, & when we came to examine ye stocke, we found not one Tunne of Iron to pay all these aforesaid onely about 18 Tunne taken to pay pt of Mr Hutchins debt, & some potts in m" Tings hands about 90li to pay pte of mr severne his debt, for a bill ptested, these being pt of ye sume expressed & when we came to examine what other stock yr was wee found about 60 Tunne of sow Iron, & about 900 Load of Coales, & about 4 Loade of myne, & for yt stocke m' Gifford sued for at Ipswitch Court yº Company for 20001i & odd pownds, for money due to him & workmen & had judgemt & execution agast you for 13661 128 wch most unrighteously & unjustly he hath gotten forth, & now seeketh to gett yor estate into his hands, were not sufficient but seeketh more, & I wish he had not such countenances, as he hath in this busines, but I shall forbeare yt now, & because I doe strive in yor behalf as indeed my faithfullnes to my trust to you & seeing you are circumvented & most unconsciously dealt withall, by yt pud & imperious spirited agent he seeketh all meanes to ruine me & mine by his wild slanderous reports yt he broatcheth by words, & noe questio but by writing also, wch he shall not nor can be able to make good.
" but now this day did he bring ye marshall to Levy his executio on my psonall estate & broake up my shop doore & took hold on my goods, by vertue of his executio, & what ye ende will be I know not, wch is noe lettle trouble to me, & myne, & exceed- ing great damage to my estate & livelyhoode, & I feare if God doth not assist my undoeing consedering what I haue lent out of my estate into ye workes, & what I haue engaged to pay in England for money & pvisions, I tooke upon my Credit for ye workes, & now this great sume yt Gifford unjustly & violently seeketh to take fro me, & y'fore if you & ye rest of ye Company, doe not consider my Condition, wch now I am involved in I know not what to doe S' I feare yt ye gentlemen will take it unkindely yt I did consent to joyne with ye creditors in psecuting a suite agast ye company, and so haue a hand in ye psecution against ye workes y fore I shall desire you to understand ye truth of yt businesse & reasons yt moved yrunto
" first I did to ye utmost of my endeavor diswad ye Creditor's y'unto, but seeing they could haue no security for paymt nor little hopes of recovering any thing, by any advance yt should be raised out of ym, while it was, mr Giffords mannaging, they well under-
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standing his wayes & causes, yrfore they thought best for ye Compa ymselves to pceed in yt way againe wee haueing noe | power to putt him out of his place nor take any of yor effects or | estate out of his hands, for so he boasted to many men, yt ye commis- sion's could not, nor should not, displace him, nor take anything out of his hands, but to call him to accott, wch he would give, & againe pceive, as form'ly yor estate was wasted by his high lineing & keeping of 2 Clarkes to attend him when one boye would haue serued his use & seeing his neglect of measuring of Coules (by report of workmen ) 8 qrts when should be 11 qrtes, & so for want of lookeing to myne carriages, for wee found not 15 C when yr should be 20 C, & so for ye Scotts imploymts, & other things in ye like kind, as you will finde by his accotts
" And againe if some of ye Creditors had psented suites, they would haue levied on some principall pte of ye conveniencyes, & necessaryes belonging to ye workes & so yt would be destructive to ye workes, againe when yr was trouble & molestations about ye workes, ye workmen were hindred in ye employmt, & then they would desert ye works, & then noe bringing of ym together againe, nor carrying forth ye workes except you bring new men from Eng- land (wch you finde very difficult to doe) all ye workemen were goeing off, for three of or cheifest are gone off, & - had so done, if yr had not beene yt course taken & as for ye Creditt of ye works - - were lost & none would lend any thing with out secur- ity, & noe stocke of Iron or potts, & a drought, yt ye workes went not in 3 moths or upwards, & to my best observance yey would haue beene dissolved.
" And againe really understanding ye resolutions & ptestations of all ye Creditors joyning together to keepe all ye estate whole & intire, & all workmen together, & to disburse what should be need- full, for ye carrying forth of yr workes, wch they have done to divers hundred of poundes, & receive not a penny as yet for all desbursemt & would engage ymselues wholly to surrender againe, paying ym yeir just & due debts, & arreredges yron, & ye workes & state should be returned, with a just & true accott of all yr trans- actions yrin, these & other grounds, wch to mention to you would be tedious, yt moved me to these pceedings, wch I hope being con- sidered may excuse me, fro jealousies & centures, for my pte I shall freely resigne my selfe to you, & joyne wth you in what my ability reacheth too & my pte yrin & advance accordinly as I men- tioned in my form" lett", I long to send you Jnº Giffords accott, but yett wee cannot gett ye whole fro him, I have been neces- sitated to follow ye Courts at Salem & Ipswitch & Boston 5 or 6 times, & my whole time, allmost is spent in ye bussines, ye rest are wearyed out as my selfe is, about these tedious & pplexing suites, & know not when they will finde an issne, for Gifford is bent with his confederates to weary us out & so farre as I can pceive to make a fray on us all, I could wish some one of yor
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selves were here both to satisfye | your selves | in all concern- ments & pceedings, wch I hope at spring to attaine & so to be meanes to settle all things in a right frame, & cannot yet be other- wise minded (by all my observatio) but yt ye workes if honestly & carefully husbanded, but would turne to good accott as I hope will in season be found to appeare.
" sr I feare I shall be tedious to you, & yrfore I pray accept these rude lynes, wch now I send writt in hast ye ship being now ye first faire winde bound for Virginia, & so to England could not omite this opportunity now humbly crave Leaue I rest
" Yors obliged to serue you to his powr
" Postscript
" Sr I am necessitated once more to minde you of my sade & distressed, & distracted condition, as I haue written, to haue my smale estate left in my hand to be ceased on, my shop brocke open & yt on an execution in ye name of Jnº Gifford agast mr Jnº Beex & compa undertakrs of ye Iron workes, & have now seuerall attach- mts more layed on my pson for debts due for ye workes, to ye workmen & carryers of coale & myne, & all cometh on my pson, & estate, & they plead I am one of ye Company, & they can sue any one of ye ptyes for yr debts & so now I stand lyable to all engagements, I tender them all my estate in ye workes, not onely ye adventure but all I have lent wch is 1351li. of my psonall es- tate, for weh I stand engaged to many men to pay now in England, for what moneyes & pvisions I borrowed of ym, wch Jnº Gefford tooke & received of ym, & this will not satisfye Gefford & confed- erates, but will take away yt smale portion yt God hath left me, onely for my lively hoode & my familyes, web busenesse I feare, if ye lord doe not step in, will be ye undoeing of me & mine, I finde but little favor abroad & your cause likewise, & such as you ded principle confide in, finde yor expectation, mr Hathorne hath twise appeared in Court for Gifford agast you ; & pleading his cause as one of his confederates, & I will not say many of ye greatest of ye Countrey are for him, I am with ye rest of yor Commission's & some other men greived to see how yor businesse goeth, I doe heartily wish yt one of yo"selves would timely come over at spring to helpe an ende yor owne busenesse, for wee are not able to graple with such, as wee finde agast us, & I doe still psecute from one Court to another, & so I know not when businesses will be issued, wee have sued for yor bookes of accott, & yt wee may see ym, puse ym, & have now by judgemt of Court at Boston obtained, but Gif- ford keepeth away some of ym & his cause is & have beene to pse- cute his suites at Salem & Ipswitch Courts, where he thinks he may finde most of his favorites & chargeth you with ye workmens yearn- ing & demannds, & neuer giveth you any Creditt on his accott, but putteth us to pue yt, & yett keepeth away his bookes of accott, & selleth yor oxen away, & other things, & give mee Creditt in his accotts wch he sued for at Ipswitch Court, & to write you of his
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