USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 13
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Joseph Ellwell, aged sixteen years next May, deposed that Mary Davis told him that John Megus had offered uncleanness to her last December, but she refused. He gave her apples at one time. He further told her that if she were with child, he would
+ Autograph.
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120
IPSWICH QUARTERLY COURT
[Mar.
Mr. Philip Nelson, executor to Joseph Jewett v. Thomas Wood. Debt. Nonsuited.
John Marshall v. John Rayment. Withdrawn.
John Raymant v. John Marshall. Debt. Withdrawn.
Mr. Phillip Nellson v. John Pickerd. Debt. Nonsuited.
Mr. John Paine v. Mr. Willm. Perkins. Debt. Withdrawn.
John Godfrey v. Jonathan Singletary. Slander and defama- tion. For calling him witch and saying "Is this witch on this syde Boston Galloes yet?" Verdict for plaintiff. The defendant was to make public acknowledgment at Haverill or to pay a fine .*
take her to the eastward. Sworn, Mar. 28, 1664, before Samuell Symonds.t
Thomas Jones deposed that Osman Duch told him the story and then said it was a jest. He further deposed that the cabin of John Meager was one room divided by boards into two. Sworn, Jan. 21, 1663, before Samuell Symonds.t
Thomas Jones testified that Mary Daves cleared John Meager of any uncivility to her and said that she never saw him after he let her in.
William Cannon testified that Duch's wife told Mary Daves that she might lie there as if she were at home and that her daugh- ter should lie with her.
John Coleman, aged about twenty years, deposed that Mary Davis told him that she lay in Meager's cabin, etc. Sworn, Mar. 29, 1664, before Daniel Denison.t
Thomas Harvei deposed that being at Mr. Duncan's stage, etc. Sworn, Mar. 25, 1664, before Samuel Symonds.t
Hezekyha Duch, aged about eighteen years, deposed that he heard Mary Daves say that she went to deponent's father's house, and John Meekers let her in and gave her something to eat. That he told her that he would take her to the eastward and marry her. Deponent heard John Meekers say that she was out with the Ille of Sholes men until midnight, etc. Sworn, Mar. 14, 1663, before Samuel Symonds.t
*Writ, dated Mar. 15, 1663, signed by Anthony Somerby,t for the court, and served by Edward Clarke, f constable of Haverill, by attachment of four score acres of land near Merrimak river, bounded by Thomas Lilford's and widow Satchwel's land, and belonging to defendant.
John Rimmington deposed that "being at the last Court held at Ipswich Jonathan Singletary being theare in the Court that John Godfery came to him in the - when the prisson doare was lockt - Jonathan, and said now I can speake - ¡ Autograph.
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1664]
pay the executions you are in prisson, for you may soon - forth, and farther Jonathan said before Godfery came thus vnto him & spake to him, he heard anoyse & the prisson shake & the lockes & doars chattering as if they did open & shutt at his comeing in : & alsoe that he see Godferies face as plain in the prisson as he did in the Court." Sworn by John Rimington and Edward Yeomans, 20 : 4 : 1663, before Simon Bradstreet. Copy made by Hillyard Veren,* cleric.
Jonathan Singletarey, aged about twenty-three years, deposed, 14 : 12 : 1662, that "I being in ye prizen att Ipswitch this night last past Bettwene nine & tenn of ye clocke att night after ye bell had runge I being sett in a Corner of ye prizen upon a suden I heard a greate Noyese as if maney Cattes had bine Climbeing up ye prizen Wales & Skipping into ye house att ye windows & Jump- ping about ye Chamber And a noyese as | if || boards ends or stooles had bine throwne about, & men walkeing in ye Chambers & a Crackleing & Shakeing as if ye hous would have falen upon me I seing this & Considering what I knew by a young man yt kept att my hous, last Indian Haruist & upon som diferanc wth John Godfre he was p'sently severall nights in a strainge maner Troubled & Complaineing as he did & upon Consideration of this & other things yt I knewe by him I was att prsent something affrighted yett Considering wt I had lattly heard made out by m' mitchill att Cambridg yt ther is mor good in god then there is euell in sin & that all though God is ye greatist good & sin ye greatest eivell yett ye first Being of evell Can nott weare ye scales or ouer power yª first being of good so Considering yt ye author of good was of greater power Then ye athour of evell god was pleazed of his good- nes to keepe me From being out of measuer frighted so: this noyese aboue sd held as I sopoze about a quarter of an houer & then seased & p'sently I heard ye boult of ye dore shoott or goe back as perfitty to my thinkeing as I did ye next morning when ye keeper Came to unlocke it & i could nott se ye Dore oppen but I saw John godfre stand wth in ye Doore & said: Jonathan Jonathan so I looke- ing on him sd what have you to doe with me he sd I com to se you are you weary of yor place yett I answered I take no delight in being here but I will be out as soone As I Can he sd if you will pay me in corn you shall Com out I Answd no if yt had bine my intent I would have pd ye marchall and never have Com hither he knock- ing of his fist at me in a kind of a threatening way said he would make me weary of my partt & so: went away I know not how nor which way & as I was walkeing about in ye prizen I triptt upon a stone wth my heele & tooke it up in my hand; thinking yt if he cam againe I would stricke att him so as I was walkeing about He Caled att ye window Jonathan sd he if you will pay me corne I will giue you two years day & we will com to an agremt I answered him saying why Doe you Com desembling & playing ye diuels partt
*Autograph.
122
IPSWICH QUARTERLY COURT
[Mar.
Thomas Lovell v. John Lambert. Trespass. For taking away his horse from about Ipswich towns-end, docking, branding him and detaining him about fourteen months. Verdict for plaintiff .*
here youre natteur is nothing but enuie and malis wch you will vent Though to yor owne loss and you seeke peace wth no man I doe nott desemble sd he I will give you my hand upon it I am in earnist so: he put his hand in att ye window and I tooke hould of it wth my leftt hand & puled him to me & wth ye ston in my right hand I thout i strocke him & went to recuoer my hand to stricke againe & his hand was gone & I would have strock but ther was nothing to stricke & how he went away I know not for I could neaither tele when his hand went out of mine nor se which way he went."t
Abraham Whiticker and Edward Yeomans deposed as to the conversation between Godfry and Singletary on the street in Haverhill. Sworn, Mar. 22, 1663, before Daniel Denison.}
*Writ, dated Dec. 10, 1663, signed by Robert Lord,# for the court, and served by Robert Lord# marshal of Ipswich, by attach- ment of six cattle belonging to John Lambert of Rowley.
Robert Lord, marshal, aged about thirty-one years, deposed that he knew Tho. Lovewell's horses very well, and especially the horse in controversy, which went with his father-in-law Day's and deponent's horses two or three summers. He saw this horse last summer in the common and also in the common field with a brand R, and he made inquiry of Jonath. Plats, who wanted a horse at Rowly, and who said that John Lambert had one in their fold, that is, Ipswich fold, which he took up last trooper's day of last year at Ipswich towns-end, docked and branded him, etc. Sworn in court.
Thomas Hart, sr., deposed that about Aprill was twelvemonth, Thomas Lovell desired him to take notice of his horse, and he saw him often that summer in company with Goodman Day's and Aaron Pingry's horses, etc. Sworn in court.
Thomas Day deposed that the horse went with his father's and Aaron Pingry's horses. Sworn in court.
Henry Rilie testified. Sworn in court.
Johnathan Plats testified that he had oftentimes spoken to John Lambert to take away his horse, etc. Sworn in court.
John Jewitt deposed that he saw John Lambord lead this horse from Ipswich this last winter about two months after Mickellmuse toward Rowlay. He also heard Twffard West say that he met this horse coming from Rowlay, etc. Sworn in court.
John Wiett deposed that he heard John Lambart own that he took Thomas Lovell's horse and drove him to Rowly in the even- ing and branded him with Rowly brand the next morning and
tShorthand notes on the reverse of this paper.
#Autograph.
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1664]
Robert Swan v. John Tod. Trespass. Verdict for plaintiff, the title to the land. John Tod acknowledged in court that he gave Peckar an order to take corn off the land .*
drove him to Mr. Dommer's farm beyond Rowly common field; also that he let the horse stay out so long that winter that he was so poor that he thought he would have died and that Jonathan Platts told him if he didn't look after him, he would lose him, etc. Sworn in court.
Ezekel Northend and Andrew Hedden deposed. Sworn in court.
Henery Osborne deposed that he kept the town herd in 1661 and 1662 and saw the colt almost every day, and that his walk was about Turkie hill and Muddy river, etc. Sworn in court.
John Lovell and Thomas Lovell, jr., deposed that they knew their father's horse and that they with their father had been out thirty-six days looking for him, etc. Sworn in court.
John Dresser, sr., deposed that he went with Thomas Lovell to John Lambert's house and the latter said that the horse came of his bay mare. Lovell said he was mistaken for it came of his sorrel mare, etc. Sworn in court.
James Bayly deposed that he came to Tho. Lovell's and inquired of him where he might buy a young horse. The said Thomas said he would sell him a horse, for which deponent agreed to pay a pair of steers coming three years old and the rest in cotton cloth or rugs. Lovell said he would find the horse and asked him to tarry a while. Deponent waited about a month and he told deponent that he could not find him and he thought he was stolen. Sworn in court.
*Writ: Robert Swan v. John Tod; trespass; for employing James Pecker to take away the said Swan's corn from off his land, which land was sometimes Ric. Wycoms, adjoining the south side of Merimack river which said Swan had of Peter Nash and claim- ing it as his, said Tod's land; dated 7 : 1 : 1663; signed by Tho. Bradbury, t for the court, and served by William Lawe,; constable of Rowley.
Robert Swan's bill of costs, 5li. 13s. 8d.
Peter Nasht of Charlestowne, cooper, acknowledged himself bound, May 1, 1660, to Richard Wicom of Rowly for 4li. 15s., to be paid in corn or cattle. Wit: Philip Nellsont and John Pickard .;
Philep Nelsen and John Pikard testified that the deed which Peter Nash had of Richard Wikam concerning this land in con- troversy was signed and sealed by Richard Wikam. Sworn in court.
Lieut. Danill Lad deposed that Abraham Whiticker owned to him and to Thomas Davis and William Whitt that he had taken a false oath. Sworn in court.
t Autograph.
124
IPSWICH QUARTERLY COURT
[Mar.
John Mackcalum deposed Jan. 5, 1663, that Robertt Swan did plant, fence and hill a piece of land adjoining to Joseph Pike's land upon the south side of Merimack river in Rowly bounds. Steven Dow testified to the same and also that he helped manure the land and later saw a crop of corn upon it. John Griffing de- posed that he sowed turnips there. Sworn, 28 : 1 : 1663-4 before William White and Henry Palmer, comrs. Copy of commissioners records.
Samuell Brocklebanke testified that one time at John Tod's house there was lying upon the table a deed of Richard Wickam's Mearimacke land unsigned and sealed. He asked said Tod what was the meaning of that writing and he replied that he would have Wickam assure the land to him for there was nobody who had anything to show for it, and said he "i am to pay for it and petter nash hath left all the title that he hath to it in my land." He showed deponent the writing to Nash, and deponent said "I pray you be carefull of ocationing the ould folks truble for I told him that the land was morgaged to Robert Swan by peter nash and he was about to sell it to deacon Jewett its noe matter said he petter hath noe thing to show for it and I am glad said he that I heare this for I had thought to have come to you and the deacon to helpe me to get this signed but I will have a care of him if he be about to bye it." Sworn in court.
John Pickard, aged about forty-two years, deposed that about the beginning of the year 1660, Richard Wicam gave Peeter Nash a deed of the land and received a bill dated May 1, 1660, for the payment, etc. Philip Nellson, aged thirty-nine years, testified the same. Sworn in court.
Edward Clarke and Danell Wikam testified that they saw the deed passed at Goodman Tod's house at Rowly, etc. Sworn in court.
Edward Clark further testified that he saw Peeter Nash tear the deed. Sworn in court.
Richard Holms, aged about fifty-three years, deposed that he was with Daniel Ela at John Tod's about Mar. 11, 1662, and that Peter Nash said that the deed was burned, and also that Wikam would have two pair of shoes, one for his lad and one for himself, etc. Sworn in court.
Daniell Ela deposed that on Mar. 10, 1662, Peter Nash delivered the land to Robert Swan by turf and twig with these words, "I deliver you this in part of the whol lott" and showed him the bound trees. Sworn in court.
Philip Brown, aged seventeen years, deposed that the land was near the land of John Griffin, etc. Sworn in court.
Danill Wikam, son of Richard Wikam, testified that he went with Goodman Tod to his father's to see that said Tod did him no harm and Ezekill Northin and Antony Astine were there also.
125
RECORDS AND FILES
1664]
Henry Russell v. Clement Hudley. Debt. Defendant for- feited his bond for non-appearance.
Thomas Clarke v. Mr. Thomas Andrews, administrator of Corp. John Andrews' estate. Debt. Verdict for plaintiff .*
John Gould v. John Tod. Trespass. Upon a replevin. Ver- dict for plaintiff.
Goodman Tod showed deponent's father and mother a deed of the land which he said he had been speaking to his said mother about. Deponent's father said that Peeter Nash should have had the land if he had paid anything for it, but he had not, and said Wikam agreed to let Tod have it for a pair of steers for himself and another pair for his son John. Then the deed was signed by his mother and father, who were both in their senses, although they never had skill in the law. Ezeakill Northen testified to the substance of the same. Sworn in court.
John Tod deposed, Jan. 5, 1663, that he heard James Pecker say that he had gathered the corn that grew upon deponent's land. Sworn, 28 : 1 : 1663-4, before William White and Henry Palmer, comrs. Copy of commissioners' records.
Anthony Crosbie testified that John Tod told him he had burned the deed but later had a firm deed made from Richard Wickam and his wife. About that time several reported that Richard was so weak that he knew not what he did. Sworn in court.
Daniel Ela, aged about thirty years, deposed that he conducted the business for Robert Swan. That he heard that Wickam had been distracted of late which was a common report in Rowley, etc. Sworn in court.
John Johnson, constable of Haverhill in 1662, deposed as to serving an attachment, etc. Sworn, Mar. 24, 1663, before Daniel Denison.#
*Writ: Thomas Clarke, sr., v. Thomas Andreus, administrator of the estate of Corpll. John Andrews; dated Mar. 21, 1663; sign- ed by Robert Lord,# for the court; and served by Robert Lord,} marshal of Ipswich.
On Apr. 21, 1659, John A[ndrews]} acknowledged a debt of 3li. 5s. 6d. to Thomas Clarke of Ipswich. Wit: Theophilus Wilson; and William Buckly .¿
+Writ of replevin for a brindle steer of John Gould's distrained by John Tod, dated Feb. 23, 1663, signed by John Redington,# for the court, and served by constable of Topsfeild.
Richard Oliver deposed that he was with John Tod when he distrained Zacheas Gould and his son John Gould for Rowly rates and at the same time he distrained a steer of said Gould's the
#Autograph.
126
IPSWICH QUARTERLY COURT
[Mar.
Robert Andrews v. John Tod. Trespass. Upon a replevin. Withdrawn.
Richard Kent v. Lieft. John Pike, attorney for the town of New- bury. Appeal from the commissioners of Newbery. Verdict for plaintiff, the former judgment reversed .*
latter promising to keep it for Tod, who was to pay for wintering it. Sworn in court.
John Pickard and Ezekiell Northend testified that "the dwell- ing house in which goodman gould liveth is within the bounds of the towne of Rowley severall scores of Rods." Sworn in court.
Danell Clerke testified that John Gould bought a brindle bull calf of him for himself, etc. Sworn in court.
John Robinson deposed that the steer belonged to John Gould when distrained. Sworn in court.
Willam Evenes deposed.
*Richard Kent's bills of costs, 1li. 7s. and 2li. 4s. 6d.
Copy of the records of the commissioners' court for ending small causes in Newbury, Feb. 10, 1663, Mr. Edward Woodman, Capt. William Gerish and Nicholas Noyes being commissioners:
Summons to Leift. Pike, Henry Short, Archelaus Woodman and John Merrill to answer the complaint of Abraham Merrill and Francis Brown, partners for keeping the dry herd over Artechoke, for not performing a covenant in 1659 about keeping the herd, dated Feb. 10, 1663 and signed by Anthony Somerby,t for the court. The action entered.
Abraham Merrill and John Kelly deposed. The latter, aged twenty-one years, deposed that in the year 1659, there were upon the town's common eight horses of Richard Kent's, which were driven up and brought down by the herdsmen; also a mare and colt belonging to Robert Adams, three horses or horse kind of Richard Tharlayes, three horses of John Chater and one of Peter Morse. Sworn in court. Copy made by Anthony Somerby.t
Articles of agreement, dated Mar. 25, 1659, between Henry Short, Leift. Pike, Archelaus Woodman and John Merrill, in be- half of the town, and Francis Browne and Abraham Merrill, partners, that the latter were to keep the dry herd over Artechoke, to herd them, pen them up every night for about three weeks at their first driving up and bring them from the pound about May 10 next, one man constantly giving his time to them all the year after, until they are brought down again. Every man was to deliver his cattle to the said herdsmen, who were to make up the hedge between this and the said time, the farmer's cattle as well, John Chater's and Edward Philps as the others, also those in the neck shall pay as well as others. The price paid to the herdsmen
+ Autograph.
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1664]
by the town was to be twenty-two pence for every beast, the herds- men to make the hedge sufficient for the year, receiving pay ther- for in wheat, barley, rye, and Indian corn to be paid before Dec. 31. Also for horses, mares and colts driven up and brought down again, they were to receive pay of twenty-two pence per head in like pay, and to do their utmost to bring down cattle and horses when men desired it. Court found for the plaintiff. Copy made by Anthony Somerby .*
Summons to Richard Kent to answer the complaint of the selectmen at the ordinary for not paying for his horses that went on the dry herd commons, dated Feb. 10, 1663, signed by Anthony Somerby,* for the court.
Leift. Pike, Abraham Tappan, John Baily and Richard Dole, selectmen v. Richard Kent.
The herdsmen's covenant: Agreed, May 14, 1663, between the selectmen and William Neph, that the latter "is to spend his whole time this somer, and to do his utmost endeavour to keep up the Townes dry cattell and horses out of the Cow comons, and to search the severall Comons as there shalbe need, to cleare the dry cattell and horses out of the same, and also the hedg being first amended, the said william is to amend such gapps as he shall find in the hedge and thus to continue so long as the select men shall see meet, and when they shall appoint he shall bring downe all the cattell & horses also the first time it is agreed that the said cattell shalbe brought unto their places, for the said william to take them at Grauell Hill, at the pound, at John Bartlets barne & at Goodman Pilsbury where the said william is to attend & to drive them up. And the said william is to have for his labour fifteen shillings pr weeke one halfe in english corne and the other halfe in Indian. The which the said William is to demand it of the severall persons which are the owners of the cattell at the end of the time, and if it be not ready he is to appoint them where to pay it in the Towne, as at Abraham Tappans & Richard Doles houses, within ten days following and if payment be not made, the said william is to sue the said owners that do not pay, and the selectmen is to assist him in it what is meet." Copy made by Anthony Somerby .*
Samuell Lowle, aged nineteen years, deposed that there were eight or nine horses or horse kind at Plumb Island which were called Goodman Kent's and that three stayed there till after wheat harvest and the rest were over Artechoke. Sworn in court.
William Neph, aged twenty-four years, testified that nine horses of Richard Kent's went up in the upper commons over Artechoke. Sworn in court.
The invoice of the town's estate for the country rate and that of the herdsman's rate gave the number of Richard Kent's horses the same.
*Autograph.
128
IPSWICH QUARTERLY COURT
[Mar.
Kent pleaded in his defense that horses were not herdable cattle.
Verdict for plaintiff. Appealed to the next Ipswich court. Copy made by Anthony Somerby,* clerk of the commissioners.
Copy of the records of the commissioners' court for ending small causes in Newbury, Mar. 2, 1663 :-
Summons to Richard Kent to answer the complaint of the select- men of Newbury at the ordinary for not paying for his horses in the dry herd commons in the year 1659, dated Feb. 24, 1663 and signed by Anthony Somerby .* The action entered.
Abraham Merrill and John Kelly deposed.
Richard Kent pleaded that the commissioners were not meet judges. Verdict for plaintiff. Appealed. Copy made by An- thony Somerby .*
In answer to Richard Kent's plea of defense in both actions, the commissioners acted upon the General Court's order, giving power to towns to order their prudentials, and the town giving power to the selectmen, as appears in their instructions which is in relation to the herds. They have power to order the herds as they shall see best. The selectmen's order, dated May 14, 1663, follows :- That all the dry cattle, except working oxen and yearlings, shall be driven up out of the cow commons, under penalty of 12d. per head, by the twenty-second of May, and that the owners of the said cattle shall bring them to the place appointed in the morning; also all the horses that are not constantly worked shall likewise be cleared out of the cow commons under penalty of 2s. 4d. per head to any freeholder who impounds them and that all such horses, mares and geldings that have taken into any man's ground shall be continually clogged or fettered under penalty of five shillings per head to any free-holder that impounds them from any of the cow commons near the town. And that all such cattle and horses that go in any part of the town's commons shall be liable to pay to the keeper that is employed about the dry herd. And considering the great necessity of horses being kept out of the cow commons as well for security of corn as otherwise, etc.
Leift. John Pike testified that Richard Kent owned that he had ten horses upon the town common. Copy from the commissioners' book made by Anthony Somerby .*
Copy taken from the town book of Newbury by Anthony Som- erby,* clerk :- On May 7, 1659, the selectmen considering the great oppression of the cow commons by horses, mares, yearling colts and dry cattle that are not driven into the dry herd commons, it was ordered that all inhabitants having more than one horse or mare shall drive their yearling colts and dry cattle into the dry herd commons within three days after the publication hereof upon penalty of 5s. a beast to be levied by the hayward or constable; and if not cleared after three days more, the like fine to be levied,
*Autograph.
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1664]
and so from time to time all summer, except such cattle as have been delivered to the herdsman, which upon warning given, the herdsman shall fetch away; and all such horses that are unruly shall be fettered and if they are not fettered and do damage to their neighbors, their owners shall pay five shillings for every such damage.
Copy of the selectmen's order, dated May 14, 1663, taken out of the town book by Anthony Somerby .*
Richard Kent's reasons of appeal given in to the clerk of the commissioners, and copied by Anthony Somerby,* clerk :-
In the first action, he conceived that horses were not herdable cattle; that the selectmen had not the power to make the owners of horses that go in the dry herd commons pay to the hersdman that keeps the dry herd; and that he knew no precedent in the country.
In the second action, because the same action was tried between the herdsmen and the selectmen in behalf of the town in order, as he supposed, to raise charges upon him; that the commissioners passed a judgment against him in a cause he refused to answer to, he not being bound to answer it, nor were any of his goods attached; and the commissioners seemed partners in the case.
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