USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 14
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John Pike's* answer, in behalf of the town of Newbery, to Richard Kent's reasons: In the first action, to the reason that horses are not herdable cattle, he answered that they are as herd- able as other cattle which means that they shall be driven up above the hedge out of the cow commons for the public good, that horses are most damaging both to the feed of the cows and the corn fields and meadows, all of which must be preserved for the liveli- hood of the town. To the reason that the selectmen have no power, he answered that they are following the instructions of the General Court, that the town had given them power to use their own discretion and that their agreements were rational and prudent measures. To the reason that there was no precedent, he answered that it was not the business of the selectmen to seek the country for precedents for ordering the horses that feed upon their commons, "yet nevertheless Richard Kent & all that are Concerned maye please to under stande, that wee are Informed that Charlstowne have proceeded in like maner Concerning their horses." In the second action, to the reason that the same action was tried before, he answered that they were two distinct actions, the herdsmen suing the selectmen in one and the selectmen suing Richard Kent in the other; that the herdsmen sued for breach of covenant and Richard Kent was sued for only what was due for his horses and not other men's; that they had not raised the charge of that action upon said Kent, although they intend to do so for a part of it in due time. To the second reason, that he was not bound to answer, his goods not being attached, he answered
*Autograph.
130
IPSWICH QUARTERLY COURT
[Mar.
Richard Kent v. Lieft. John Pike, attorney for the town of Newbury. Appeal from the commissioners of Newbury. Verdict for defendant. Court did not accept this verdict.
Peeter Tappan v. Daniell Pearce. For taking and carrying away part of the barley that grew upon the land said Peeter hired of Daniell Pearce, jr. Verdict for plaintiff, thirty-six bushels of malt or barley or nine pounds in equivalent pay .*
that he did join issue as appeared by his pleas of defence, and pro- bably said all he was able to say, and as for not being attached "I had thought Rich. Kent had binn more Ingenious then to make such a use of his neighbours lennity toward him." To the reason that the commissioners seemed to be parties, he answered "that was but his misapprhention, for, first they weare neither plaintif nor defendant, 2ly they weare noe waye lieable either to profitt or loss by the Case, 3ly noe relation nor law, nor reason, that I know of doth either make them pties, or disable || or hinder || them from being meet & Competent Judges, they being sworn to doe Justice."
*Writ, dated Mar, 22, 1663-4, signed by Anthony Somerby, t for the court, and served by Steven Grenlef,f constable of Newbury.
Peter Topan's bill of cost, 5li. 10d.
Samuell Lowle deposed that he told Peter Topan that the cattle were in his barley and he asked if they had done much harm. Deponent told him that he was to have a brave crop of barley and asked him what he was to give an acre. He told deponent that he could not tell, that he was to have the ground as it proved. Sworn in court.
Robert (his mark) Beetle testified that Daniell Pearce, jr., and himself were discoursing about land, and deponent desired to hire some of him near Cole harbor toward Noyse's field. He told de- ponent that he could not let him have that because Peter Tapan was about to hire it, only as yet they had not agreed, for Peter had offered him but 15s. per acre and he asked 16s. At last de- ponent hired two acres of land in another place and enjoyed it peaceably. Sworn in court.
Nathaniell Clarke testified that he heard Daniel Peirce, sr., say that they had planted the barley and that he had gotten about half. Sworn in court.
Willim Law testified that Daniell Pearce, sr., told him that he had given all his business into the hands of Danell Pearc, jr., and said that he meddled with nothing. Sworn in court.
Robert Morset deposed that he asked Daniell Pearse, jr., why he did not sow English grain upon that two acres, which he might safely tend himself, and he said that he let Peeter Toppan have seed barley, that he could not sow the ground unless he had it.
t Autograph.
131
RECORDS AND FILES
1664]
John Gould v. Daniell Black and Faith, his wife. For slan- derous words. Withdrawn.
Mr. Symon Bradstreet v. Rich. Sutten. Trespass. For kill- ing or unjustly procuring the death of a mare of his this last winter.
Further that the elder Pearse gave his son Daniell power to act for him when he went to Cape Faire, and that deponent hired two acres of said Daniell to plant Indian. Sworn in court.
Samuel Lowle* and Thomas Hoyt* deposed that when Tappin was mowing the barley he went to Danill Pearce, jr., and tried to settle, but Pearce said that his father was now at home and he had nothing to do with it. Sworn in court.
Tristram Coffin, aged about thirty-two years, testified that Daniell Pars said he made no bargain with Topan but that it was conditional. Deponent heard farmer Pares say, at the latter's house, that Topan would have given but ten shillings per acre, and his wife said that Danill was resolved to get 16s. per acre for it. Sworn in court.
John Woollcot* deposed that Petter Tapin was sowing barley upon Goodman Noyce's ground and deponent asked him if that was his ground and he answered that it was not but he and his father had hired it to sow barley on. Deponent told him that he thought it was not common to let ground except for planting, and he answered that it was, for he and his father had also hired two acres of Daniell Pearce to sow with barley. He said he was to pay for it as it did prove, that is, it might be worth ten shillings and it might be worth twenty shillings, and they would halve it. Sworn in court.
Henry Jaques,* aged about forty-five years, deposed. Sworn in court.
Nathanell Clarke deposed that he went to Danell Pearse, sr., to hire the living which was formerly his wife's and he told him to go to his son, etc. Thomas Knoulton, jr., deposed the same. Sworn in court.
Borsha (her mark) Knight and William Harris, her man, deposed that Petter Tappen and others were in their house, etc. Sworn in court.
John Bartlet, sr.,* of Newbury, deposed that he was at Mr. Perce's house a little before he went to Cape Feare, and desired to have two or three bushels of rye, etc., and while deponent was there, a man came from Salisbury to borrow a yoke of oxen of said Perce, and he referred all to Daniell, jr. Sworn in court.
Nathaniell Wier* deposed that he hired land of Daniell Perse, jr., etc. Sworn in court.
Shusan Topan, wife of Abr. Toppan, sr., deposed that the wife of Daniell Pearce, sr., told her, and her son Peter's wife Jane, that
* Autograph,
132
IPSWICH QUARTERLY COURT
[Mar.
Jury brought in a special verdict and the bench found for the plaintiff .*
said Daniell and his wife walking together in the field after his return from Cape Fare, the latter told her husband that the land was let to Peter Topan. To this Daniell, sr., replied that he should never have it. His wife said, "Why husbande If he hath hired it it is fit he should have it he Answered he shall never have it." Sworn in court.
Abraham Toppan, sr., and Shusan, his wife, deposed that they heard the bargain made between their son Peter and Daniell Pearce, jr., etc. Jane Toppant testified to the same. Sworn in court.
Percivall Lowle deposed. Sworn in court.
Daniell Peirce deposed that Topan said he would get one bushel of barley from his father, but he did not bring it and deponent sent his boy for it.
Thomas Knouelton, Willam Dowing and John Gould deposed.
Abraham Toppan, sr., deposed that his son Peter had forty- four bushels of barley from that land. Abraham Topan, jr., testified the same. The latter also testified that Daniell Pearce, sr., came upon the land with a cart and two oxen, Joshua Pearce being with him, and carried away two loads of the barley, and Daniell, jr., and Benjamin Lowle carried away one load, all of which was half of the crop, as it was made up into cocks. Sworn in court.
*Writ, dated 19 : 1 : 1663, signed by Edmond Fawkner,; for the court, and served by George Abbott, sr., f constable of Andover, by attachment of two oxen and a cow of defendant.
Tho. Abot, aged twenty-six years, deposed that being at the house of Richard Sutton the night the mare was killed, he heard a dog or dogs barking at horses in his yard, and when he went away he saw Goodman Sutton come out of his house and go into his yard and set the dogs on. After that he heard a ratling noise which he supposed was of the horses which he saw in the yard, and in a little while the dogs stopped barking and after that he heard a strange cry of a creature. Further he said that the next day Sutton told him that Mr. Bradstreet said that Sutton killed his mare, but it was not true, but that the dogs pulled her down once in the yard and Sutton beat them off, then they pulled her down again in Mr. Dane's yard and he could prove that Mr. Dane's and Mr. Bradstreet's dogs killed her. Deponent further testified that he had seen Mr. Bradstreet's horses in Goodman Sutton's yard eating up his cattle's fodder and had heard him call Mr. Dane's dog and set him on, but never could see him fasten on any of the horses. Further that said Sutton's yard had been
+ Autograph.
133
RECORDS AND FILES
1664]
Mr. Robert Paine, treasurer, assignee of Rich. Cordin v. Joseph Mussye. Debt. Verdict for plaintiff .*
open all the winter to his lot and his lot to the street and the com- mon. Sworn, 21 : 1 : 1663, before Simon Bradstreete.t
Nathaniel Ayers deposed that Archard Sutton told him that he struck a dog for fear he would kill one of the horses, etc. Sworn, 28 : 1 : 1664, before Simon Bradstreete.t
Special verdict: "Wee Finde a Mare of Mr Bradstreets kiled As allsoe a Track of Blood from The place wher shee was killed To M' Deans Orchard Rails, & her Track Thorow mr Deanes orchard To Suttons yard, we find allsoe That Ther were severall wounds in her, wch was Likly to be don by some Instrument, Either knife or ye Like, we allsoe Find That That mare was in his yard That night, and That he The sd Suton set the dog or doggs on The Horses That were in the yard That Night that she was killed Allsoe we Find That before This Time ye sd Sutton have Threatned Mr Bradstreets Horses; and said, he would make some of Them Come short home & another Time following Mr Bradstreets mare said hee had That in his hand wch would speed her iff hee Could have Come Att her."
*Writ: Robert Paine, treasurer v. Joseph Mussye; debt; assigned to him by Richard Cordin in part payment of fine; dated Feb. 19, 1663; signed by Robert Lord,t for the court; and served by Robert Lord,t marshal of Ipswich, by attachment of land of defendant.
Joseph Muzzey's letter of attorney, dated Mar. 29, 1664, to Hugh March in the suit of Mr. Robert Paine, sr., against him. Wit: James (his mark) Mirak and Wm. Thomas.t
Rich. Cording'st receipt in full from the beginning of the world, dated Feb. 27, 1662, to Joseph Muzzey. Wit: Wm. Thomast and James (his mark) Merricke.
On Mar. 5, 1662, Rich. Cordingt assigned a bill to Henry Green- land. Wit: Richard Shatswell, t Humphery Willsont and Edward Colcord.t
On Apr. 8, 1662, Hen. Greenlandt returned this bill to Richard Cordin. Wit: Henery Archert and Richard Shatswell.t On the same day Rich. Cordingt assigned it to Mr. Robert Paine. Wit: Henery Archert and Richard Shatswell.t
Bond, dated Feb. 26, 1663, Joseph Muzzeyt of Nebary to Rich. Cording. Wit: Wm. Thomast and James (his mark) Merrick.
Richard Cordinge, debtor, Jan. 16, 1661, to a note charged upon Mr. Todd, £2; to Thomas Harris p. my note, 12s. 6d .; March, to James Chewte, £1; March 10, to Thomas Harris, 10s .; total, £4 2s. 6d. Creditor, June 20, by profit and loss for a bill of mine, £4; by 1 Knob bitt, 2s. 6d .; total, £4 2s. 6d.
+ Autograph.
# Autograph and seal.
134
IPSWICH QUARTERLY COURT
[Mar.
Barshua (her mark) Knight, aged about forty years, deposed that the last year about the time when it was said that Mr. Cord- ing had received a bill of Joseph Muzzey, deponent asked Mr. Cording why he did so trouble Joseph Muzzey as to get away his means from him in such a way. Mr. Cording replied "Joseph have spoaken foolishly to my disparidgement, But for his part he did not intend to have a penny from him, I said Joseph do use to speake foolishly when he intends no harme I thinke to none, but thereby did himselfe iniury said m' Cording I never had any thing to do wth him but once & he paid mee honestly & what there is now betweene us of matter of difference I have or I will for your sackes freely forgive him all and will not have a penny of him & so gave us his hand upon itt Mr Cording spake to vs as if he did but intend to frite him a little in doing what he had done." Sworn in court. John Knight, jr.,* deposed. His wife mentioned. Sworn, Mar. 28, 1664, before Samuel Symonds .*
John Willcott deposed that Josefe Mossie told him that he hoped he should never have to pay the bill of ten pounds which he gave to Mr. Cording, ete. Sworn in court.
Wm. Thomas* deposed that he believed that Joseph Muzzey was so affrighted with Mr. Cording's threatening and great words that Joseph was hardly himself when he put his hand to the bill of Mr. Cording.
James Merrick deposed that Mussye asked Cording to give him an acquittance that he might not sue him again for slander, to which Cording consented, and told him that he would burn the acquittance and the bond, etc. Sworn in court.
James (his mark) Merrick testified that on Feb. 26, 1662, Mr. Cording being in Mr. Thomas' house "in the Rome where I doe now dwell, and desireing to speak with Joseph Muzzey, he sent Iserell webster to desire Joseph Muzzey to come downe to mr Thomases house that he might spake with him, about sunsett Joseph Muzzey being come downe, desired to know what mr Cord- ings buisenes was with him: Cording giveing him many Revileing and threatning speeches sayd; you Rogue you shall know: you have abused me and taken away my Reputation, which I vallew at a thousand pound for I am a Gentleman and live by my practice Joseph Muzzey Replyed; wherin have I taken away your Reput- tation? I am Innocent herein. Mr. Cording Replyed you have Reported I was naught with Sarah mirieke and the Report of it is at Ipswitch; and mr Cobett told me that one Joseph Muzzey of newberey did thus Report of me, and that m' Symonds did tell him the same, and that they were much greived to heare of this miscarriage So soneafter that about goodey Roffe Joseph Muzzey Answered. that he never reported any such thing of him, Where- upon Cording Reade an attachment to the vallew of five hundred pounds to him, to Answer his Complaint at Ipswitch Court for
* Autograph.
135
RECORDS AND FILES
1664]
Mr. Robert Paine, treasurer, assignee of Rich. Cordin v. Mr. Peeter Duncan. Debt. Verdict for defendant .*
Mr. Philip Nelson v. John Woolcott. For 100li. forfeited by non-performance of a covenant. Nonsuited.
Mr. Philip Nellson v. - Pickard. Debt. Nonsuited.
Peeter Nash v. Edward Clark. Withdrawn.
John Layton was sworn constable of Ipswich, William Chand- lour for Newbury and Isaack Estow for Topsfield.
John Sorlah, Richard Longhorne, Mr. Moses Mavericke, Moses Pengry and Mr. Baker had their licenses renewed for a year.
Andrew Peeters had his license renewed and to sell by the quart. Abraham Perkins was licensed to still and sell by the quart.
John Clemants was licensed to keep an ordinary at Marblehead for a year.
Thomas Barnes of Salem, dying intestate, Mary Barnes, his widow, was appointed administratrix of the estate, and ordered to bring in an inventory to the next Salem court.
Robert Rogers, dying intestate, Susanah Rogers, his widow, was appointed administratrix of the estate, and ordered to bring in an inventory to the next Salem court.
Mr. John Gardner, administrator of the estate of John Comings,
saying he Commited vncleanesse with Sarah Miricke Joseph mussey Replyd I never reported any such thing in my life; Cording Replyed you lye, like a Rogue for you did and I can prove it, by two wittneses upon oath, therefore if you doe not compound with me I will Carry the Attacchment to the Constable and he shall serve it upon your estate and person this night || to || the vallew of five hundred pounds And I will sease upon all that you have locke up your dore and take away the keye and you shall not have the use of any thing you have and so I will Carrey you to prisson and Furthermore Rich. Cording sayd that major Denis- son told him that if Joseph mussey Came to the Court about this buisnese he should be severely whipte and this did so much terrifie Joseph Muzzey that drew him into this snare aboutt the bill now in Controversy together with other Threatnings." Sworn in court.
Isrell Webster deposed, Mar. 28, 1664, that Cording said to Joseph Muzzy, "Sirrah If I had you in France or in Spaine I wold take another Course with you. These threatnings did take much impression upon Joseph Muzzey as might appeare by his Counten- ance which did much terrifie him with feare." Sworn in court.
*Bond of Peter Duncant of Gloster, gentleman, dated June 29, 1662, to Richard Cording for four pounds. Wit: Samuell Epps.t t Autograph.
136
IPSWICH QUARTERLY COURT
[Mar.
presented an inventory amounting to 47li. 14s. 6d. Court ordered him to pay the debts and to keep the rest of the estate until the court take further order.
George Fraile of Lynn, dying intestate, Elizabeth Fraile, his widow, was appointed administratrix of the estate. An inventory amounting to 184li. 14s. was bought into court. Said Fraile left one son and four daughters. Court ordered that the son have 40li. and the daughters 20li. each at age or marriage.
William Beard, dying intestate, John Devrix was appointed administrator of the estate and ordered to bring in an inventory to the next Salem court.
Sarah Smith came into court and chose Daniell Wickam, her brother-in-law, as her guardian. The latter was bound to pay said Sarah her portion when it was due.
Mr. Epps undertook to pay the charges for his servants, George Stimson, John Bevour and John Palmer, that the court had ordered
Mr. Georg Corwin, having paid 10li. to John Woolcott about the bridge at Newbury, was discharged of the 10li. he engaged to pay for Joseph Dalaver's fine.
This bill was assigned to Mr. Robert Paine, on Apr. 6, 1663, by Rich. Cording .* Wit: Theophilus Wilson* and Simon Stace .*
Martha Harris, aged about thirty-five or thirty-six years, de- posed that Mr. Duncan paid her 22s. 6d. for Mr. Cording, and the latter acknowledged that he was fully satisfied. Cording also told deponent that whenever she would call for Mr. Duncan's bill, he would deliver it to deponent and this was before the im- prisonment. Of this money, 12s. 6d. was paid a good while before he went in to the prison. She left 10s. of it in Mr. Duncan's hands for such things as she had occasion for, etc. Hanah Gallop, aged about seventeen or eighteen years, deposed the same. Sworn in court.
John Tod testified that Mr. Cordin received of him 39s. 6d. for which sum Mr. Cordine said that his bill that he had of Mr. Dunckcone was as good to him as money. Deponent paid that amount for Mr. Dunkane to Mr. Cordin, etc. Sworn in court.
James Chute deposed that Mr. Cording gave him a note to Mr. Peter Duncun for him to pay deponent 20s. before said Cording was committed to Ipswich goal, which was done, Cording saying that it was in part of Mr. Duncan's bill. Deponent asked Mr. Cording to write a note to Mr. Duncan to pay Martha Harris a debt which said Cording owed her, which was for fourteen or fifteen shillings, etc. Sworn in court.
* Autograph.
137
RECORDS AND FILES
1664]
William Sergent, Edmond Clerke, Thomas Millett and Jacob Davis of Gloster, and John Redington, Thomas Perkings and Edmond Towne of Topsfield and Thomas Newman of Ipswich were made free.
John Cooke was ordered to be whipped for his great misdemeanor at the meeting house in the time of ordinance .*
John Meager and Mary Davis were admonished about the criminal part of their charge and were ordered to pay costs to Ossmund Dutch.t
Joseph Trumble came into court and chose his brother, John Trumble, as his guardian. The latter was bound to pay said Joseph his portion when it was due.
*William Tompson deposed concerning John Cooke's offence. Sworn in court.
¿Hanna Verry, aged about twelve years, deposed that she was at Goodman Prince's house when his wife lay in, Mary Davis being her nurse, and Goodman Prince at that time was at deponent's father's house, Thomas Verry's. Goodwife Prince desired her husband to be sent for and deponent went with Mary Davis, it being very late in the night, about eleven or twelve o'clock, and when Mary returned instead of going home, she desired her to go in the opposite direction to Goodman Duche's house. Deponent said that she must go home and go to bed, but Mary told her that she would go back with her. Said Mary knocked and called at the door, and Goodman Duch did not make any answer, but John Meagers asked who was there. Mary answered "a maide." Then Meagers came to the door and whispered a while with her and Mary pushed deponent away and went into the new room. Deponent stood at the door and called to Mary to go home with her but the lat- ter said she would stay with Mary Duch, so Hanna went home alone.
Osmond Dutch deposed, Jan. 19, 1663, that his daughter Mary saw Mary Davis in John Megus' bed in the morning, and that Megus told deponent that he went into his other cabin. Sworn before Samuel Symonds.#
On Jan. 21, 1663, John Megus was bound for appearance at Ipswich court, William Canning, surety, and John Davis was bound for his daughter Mary Davis' appearance before Samuel Symonds.#
Grace Duch, aged about fifty years, testified that she was called in the night to a woman who was not well and when she came home in the morning, her husband told her what had happened. Meager said he wondered that his landlady Duch did not hear Mary Davis, etc. The latter had been around with the "Showlers" that night.
Autograph.
138
IPSWICH QUARTERLY COURT
[Mar.
Zacheous Curtice, for whipping the daughter of George Hadley, was sentenced to be whipped and pay costs .*
Court having been informed that Mr. Goose died many years ago and that there was no will found or proved, nor administration granted, and that Mrs. Goose was distracted and not able to provide for herself, the town of Salem having been at great expense to support her for several years, administration upon the estate was granted to the selectmen of Salem. They were ordered to bring in an inventory of the estate of William Goose, deceased, to the next Salem court, with a bill of the charges for Mrs. Goose.
John Millington was sentenced to be whipped or pay a fine of 10li. for his great misdemeanor, and also to be bound to good be- havior. John Gould agreed to pay the fine. Millington was bound in 20li., John Gould and Daniell Clarke, sureties.t
Meager continually jested about it, but Goodman Duch told him he might be presented for it, etc.
*Complaint of Mary Hadly against Zacheus Curtious : "My unkell sent me to a feelld of corne to see whether theare was any cattil in it about halfe amile of it was: and when I was goone by Thomas baucrs hous where Zacheus curtious was and he folowed me and ouertoock me and he had a rod and he whipt me with that and then he let me gooe and pulede another rod and he over tock me agayne and whipt me with the 2 rod with my feet under his armes and my head on the ground and then he let me gooe and gathered two rods and ouertwoke me and mad me pull of my cots and whipt me with both them rods the thurd time and then he let me gooe agayne and got another rod and whyp me with that rod also which was the fifhth rod and then he bid me gooe and dress my selfe but afore he whipt me the second time he would a had me to a gone in to a swomp and I would not: and when I tould him that I would tell my aunt he sed he would whip me fower times as much." Sworn, Mar. 12, 1663, before Daniel Denison.±
Topsfeild presentment, Zaccheus Curteous, son of Zacheus Courteous, for whipping and misuing several children. Wit: Mr. Perkins, John Wiles, Francis Pabody and John Gold.
t deposed that in January, 1663, her brother Edmon Bridges asked her to go to Salem with him but she stayed in their house while he and his wife went. John Milinton offered unclean- ness to her and she told him that she would not yield to him for all Topsfelld. Then he went away to the fire and prayed that deponent would forgive him, etc.
Sarah Bridges, aged about thirty years, deposed that her sister sent John Milinton to the house for some meal, etc.
į Autograph.
139
RECORDS AND FILES
1664]
John Attkinson of Newbury was bound for his appearance at the next Ipswich court .*
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