USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 15
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Samuell Hunt, for his great misdemeanor with mutinous and seditious words and carriages both at the meeting of the regiment and the last second day at the training, was sentenced to be dis- franchised and cashiered the company for bearing arms and in- stead of training to pay 2s. per day to the use of the company. He was further ordered to be committed to prison until he pay a fine of ten pounds, and also to be bound to good behavior. Samuell Hunt and Joseph Reding, sureties.t
*John Godfry also presented.
t"To the Honored court now assembled at Ipswich The humble complaint of Walter Roper sheweth that being by com- mand from our officers drawn in march unto the wolfpen playne, and there commanded to cleare the sayd plaine to fit it for the exercise of the Regiment the next day; There was one Sammuell Hunt of this towne, who as this complainant conceiveth, did speake mutianously and to the abuse of autority here established, which I will leave to the proofe of further evidence, which I con- ceive, I am bound by the oath of a free man to acquaint autority with. Witneses: John Caldwell, Serjeant French, Robert Lord, martiall, Jacob Perkens, Thomas Lord and Joseph Browne."
Robert Lord, marshal, deposed that being at the wolfpen plain the first day of general training, there were some who refused to help clear the plain. Samuell Hunt countenanced them in it by saying that the Major had done more than he could answer and that he would maintain it before all the world. Further Hunt said that if the Major or any other officer commanded him to dig up stumps, he would not, and when Sergt. French commanded him to assist him in carrying some offenders out of the field, he refused, and Sergt. French told him he would complain of him to the Major. Sworn in court.
William Prichet testified that he heard Goodman Hunt say that if there were not more liberty in the choice of officers, they would divide the company and train by themselves. Sworn in court.
John Caldwell deposed that after Major Denison had appointed the company to clear some stumps and other logs, Sammuell Hunt said that the Major had no right to set the company about such work at such a time, and that he went beyond his power. Also if any were punished for refusing, he knew that there would be a great disturbance in the country, for there were hundreds in the country of his mind. He spoke several times to this purpose. Sworn in court.
Jacob Perkens deposed. Sworn in court.
Joseph Browne deposed that the last second day when they
140
IPSWICH QUARTERLY COURT
[Mar.
Marke Quilter, presented for striking his wife, was fined .*
Marke Quilter, upon complaint against him for striking the wife of Richard Shatswell, was fined and bound to good behavior. Richard Shatswell was allowed costs.t
were exercising their arms with Sergt. Clarke, Samuell Hunt and John Gidding were speaking about choosing officers, etc. Sworn in court.
Thomas Lord deposed. Sworn in court.
James Coalle testified that "I heard a man that had a leather paire of Briches and a flaske hanged on a chaine the last training day after traineing upon the greene say that if they might not have the choyse of ther officers they should lay downe ther armes and traine noe more if they would stand by him." Sworn in court.
Sergt. Thomas French deposed that being ordered by Major Genll. Denison to carry two soldiers who were stubborn off the field to prison, he went to them and presuaded them to submit themselves, promising to mediate for them. Samuell Hunt told them rather to go to prison, etc. Sworn in court.
*Mrs. Greene testified that being at the house of Marke Quilter that winter, she heard the tongs clang and heard his wife cry out and say, "This is a braue Cullar for your Rogery to make Mrs. Greene beleeve you strike the pigg when you strike me." Robert Punell saw said Quilter strike his wife. Sworn in court.
Ipswich presentment. Wit: Robert Funnell and Mrs. Greene.
¡Richard Shatswell's complaint against Marcke Quilter, for cruel misusing of said Shatswell's wife by coming to her and vio- lently taking her from the chair on which she sat, throwing her down on the floor, her head against a door, her neck being doubled, then taking her up, and continuing violent shaking and thrusting her out of the house. And although he had so bruised her that she could stand only on one leg, he was so cruel that he would not give her leave to stay to recover her breath, when she asked him, all of which was done without any provocation.
Johanah Greene testified that Goodwife Quilter had "divers times com to my dafters house and beged of hir to goe over to the sayd Quilters and sit and worke with hir to bare hir company; and my dafter hath oftentimes refewsed: and I have tould hir that she might doe up hir worcke and goc to another bodys house beter then thay that have a great family can goe to hirs and allso goody Quilter beged very hard that day at my dafter and good wife. brewer to go over thare and bare hir company that very day shee was hirt: and firther goodman Quilter hath bin her divers times very familiar and good wife Quilter last fridy night did one that my dafter did not give hir husband that is Quilter any provocking words."
Mary Brewer testified that she saw a bruise on Goodwife Sach- well's thigh the day that Goodman Sachwell went to the honored Major's house to complain against Mark Quil ter.
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RECORDS AND FILES
1664]
Symon Tuttle, for his seditions and mutinous carriages, was sentenced to be committed to prison until he put in a bond of 200li., with sureites in 200li. more for his appearance at the next General Court of election at Boston, the day after the election,
Rebeckah Shatswell testified that "being out of dores shee saw Abigall leads goe to Quilters shee having acasion to specke with hir went thether allso and presant after cam in marcke Quilter and asked his wife for sum victles his wife answered what need you be so hasty this deponant answered it may be he had not his brecke- fast and his wife said yes two ouers be fore he eat meate: and answared apooer deale: his wife answered thus loocke heare of my potidg: whether I did not boyell a good deale of meate this de- ponant answered it may be you might boyle a good dele and eate it up your selfe then said Quilter hould you your prating this deponent answered I prate no more then you Quilter said I wonder folcke will com to my house this deponant Answered I doe not intend to trubell you I came to specke with good wife leads then said he what do you sit lasing ther for this deponant answered I lase no more then you, considring my stringth then hee cam with voylans," etc.
Elizabeth Roper deposed that she heard Goodwife Sachwell say that Mark Quilter had warned her against coming to his house, but it was no more than he has done to his other neighbors, etc.
Joseph Browne deposed that Simon Tuttele said at Goodman Roper's that Goody Sachwell had been warned, and she was "Right enuf sarfde" for going there.
The wife of Marke Quilter testified that if Goodwife Shatswell had gone when her husband told her to, he would not have used violence, also that she came often to her house to borrow things which said Shatswell knew to be against her husband's wishes, also her children were often laughing at him and provoking him. That the Thursday before this happened deponent told Goodwife Shattswell that her husband objected to her coming to his house and she wished she would not come except when he was not at home.
Abigail Leeds deposed. Sworn in court.
Goodwife Marchant, aged about fifty years, deposed that she heard Richard Shatchel's wife say, when Quilter was angry with his wife on account of something which had been done with his bed, "if I had such a husband I would make all fly."
Sarah Tuttell, aged nineteen years, deposed that she heard Goody Quilter say that her husband "did not forwarn Coson Shatswill of his House."
Goodwife Leds and Mary Shefild testified that Goodwife Quilter said she wondered that her husband would do so by Goody Shats- well because she thought she wheedled with him as little as any woman.
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IPSWICH QUARTERLY COURT
[Mar.
and to be of good behavior in the meantime. Richard Shatswell, William Evans and John Gould, sureties .*
James White confessed he said to John Cauldwell "wt are you goeing to give in another evidence agst. Goodman Hunt, it was replyed let me alone & goe about your business he replyed that is my business." He was bound to good behavior until the next Ipswich court.
Thomas Bishop was to have 6li. paid to him for John Woolcott.
Thomas Boreman, having been formerly released from training, paying something yearly to the use of the company and being be- hind several years, upon his wife's petition, court granted one half of what was in arrears remitted, if he paid to the clerk of the com- pany the other half. Also that he be released from training for time to come.
John Wiate was released from training.
Tho. Grant, aged thirty years, deposed. Sworn, Apr. 1, 1664, before Daniel Denison. t
Simon Tuttell, aged twenty-nine years, deposed that Coson Shachwill said, etc.
*"The humble petition of Symon Tuttle
"To the Honered court now sitting at Ipswich Humbly sheweth yt wheras your worships have received a complaint against me, I acknowledge the same to be iust and that what I spake was pverse and sinfull, and of a very haynous nature, and therfore I cast my selfe at ye feete of your justice and mercy, and if || you || should censure me acording to the demerritt of my great offence I have noe reason to complaine, what I have spoken I confesse is much of the nature of that which sometimes Shimen spake against david, & I may truly take up his words, yt your servants doth know that he hath sinned, and I am hartily- sorry for my soe great Folly and with him I humbly request that your worships would not impute iniquitye to me, neither remember what your servant did perversly speake, against the laws & authority of this country & that I (though unworthy of it) may have the benifitt of your Clemency, and I trust by the helpe of God I shall not alow my selfe heerafter, for ever speake well as of your selves psonally, soe of the laws & government heere established, but stir up others to doe the like, and if I shall ever speake soe vildly againe, I shall never open my mouth to request the like favour, as desireing the very strictnes of justice agst me; be pleased therfore but this once to pitty me, and pas by this my offence and you shall for ever ingage your poore peticioner to honer you & speake highly of your clemency
"Symon Tuttle."t
t Autograph.
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RECORDS AND FILES
1664]
Joseph Reding was released from trainings, paying 5s. instead of 6s. 8d. for the use of the company.
Thomas Prince of Gloster was released from ordinary training.
Mr. Daniell Epps complained against Stephen Godwin, George Stimson, John Beaver and John Palmer for stealing and killing two hogs, for breaking his house and stealing several goods and for threatening his servants and children if they discovered it. The jury found Stephen Godwin guilty of all three particulars in the indictment and George Stimson and John Bevour guilty of the two former. They were all ordered to pay treble damages for theft, to be severely whipped and to allow their master more for loss of time, Stephen Godwin a month and the others a fortnight each and said Godwin to be bound to good behavior. John Palmer, because he confessed at first, was given liberty to redeem his whipping by paying a fine of 40s. Said Godwin was committed to prison, for want of security, for good behavior. Court ordered that upon security given for his departure out of this jurisdiction by two members of this court, he was to be released from his sentence of imprisonment .*
Court adjourned to May 5.
The foregoing is a copy, the original having been sent to the court of election, made by Robert Lord,t cleric.
Theophilus Willson and William Pritchett testified that "the day before the Court being traineing day, we being upon the meeting house greene Symon Tuttle being there looking on the souldyers, the sayd Symon broke out into these words, upon ocation speak- ing of the libertie of the choise of officers, he sayd it were better to live in turkye than heere, wherupon William Pritchett sayd to him, not soe, for it is better heere then there, and if you weare there, you must be subject to the Laws and Goverment of the same and soe you must heere, whervpon he made slight of or laws heere and spake contemptuously of them, and sayd if he weare in England againe, he would soone have our laws and law makers layd neck and heeles, and further sayd if we cannot have the libertye the King gave us, we would winn it by ye edge of the sword, and further saith, but we have lost our opptunitye, but we hope we shall gaine it againe, though the Friggotts be stopt for the prsent, And that the Gouverment of the Country, was in a few sneakeing fellows hands, and hopt we should have a turne and upon a brush would soone be cutt off and have our necks from under the yoke." Sworn in court. Copy, the original having been sent to the court of election, made by Robert Lord,t cleric.
*Mr. Epps, complaining of great wrongs done to him by his + Autograph.
144
SALISBURY QUARTERLY COURT
[Apr.
COURT HELD AT SALISBURY, APR. 12, 1664.
Jury of trials: Isaac Buswell, Sam. Fellos, Rich. Currier, Henry Blasdall, Jos. French, Jno. Robinson, Willi. Godfrey, Lt. Ben. Sweat, foreman, Godfery Dearebourn, Wm. Samborne, Henry Moulton, Bartholemew Heath, Jno. Haseltine, Henry Roby, Rob. Smithe, Bartholemew Heathe, Ed. Clarke, Jno. Samborn, foreman,
servants combined together in stealing his goods and threatening the younger persons, children and others with death, George Stim- son appeared before Samuel Symonds,* and confessed his having a hand in the business of the hogs which were killed, also in taking the provisions out of the rooms locked up to put them in by a way made purposely to steal them. Said George being committed to prison was bailed, his master and himself being bound in 40li. for his appearance at the next Ipswich court. Stephen Godwyn, another servant of that family, was committed to the next court.
John Befer, upon examination, said that he knew of the killing of his mistress' pigs and that Stephen and George killed and dressed the flesh but he did not help them. He was in the council, how- ever, and partook in eating thereof. Also that John Palmer and Stephen killed the second hog and he helped make the fire for it, that Stephen suggested to him breaking into the room wherein the house provisions were put under lock and key, that after Stephen had loosened the board, he helped to pull it up and himself, Stephen and Palmer went down and took cider, strong beer, pastry and cheese and all three of them went down several times through the place opened, and took sugar, plums, marmulet and butter. Also that Palmer, by putting his arm into a locked cubbard by means of a pin loose in the ledge, took out the key of the cellar. That there was some linen used, but what was washed and returned he did not know, yet he thought that one napkin was brought to be washed, and that he and Palmer did take powder and shot. That it was a usual thing to seek for and take the eggs from the family for themselves. Also that there was a young fat shote found dead where the hogs lay, that it was warm and that Stephen carried it about sixty rods from the house, lest his master should make them eat it. That there were plenty of victuals provided for them always.
John Palmer, upon examination, said that Mary Bray, servant in the house, also partook with the others. He also heard Stephen threaten Bonde, aged between ten and eleven years, that if he did tell of his doing, he would take him by the heels and knock out his brains. Also that all were afraid of Stephen.
Will of Gershom Lambert of Rowley, dated Mar. 16, 1664, proved in Ipswich court, Mar. 29, 1664, by Samuell Broeklebanke and Ezekiell Northend: "I giue my Ant Rogers my horse, and I giue my brother John lambert my cloath coate, and my Bootes and
* Autograph.
145
RECORDS AND FILES
1664]
Wm. Osgood, Lt. Phillip Challis, Sargent Stevens, Georg. Gold- wyer, Jno. Eaton, Umphrey Wilson, Nath. Boulter and Rodg Eastman in Davis' case, Wm. More, Rob. Tuck, Jno. Smith, Tho. Levitt, Joseph Merry, Tho. Davis, Jno. Eyer, Tho. Barnard, Ric Wells, Jno. Weed and Archelaus Woodman.
Isaac Buswell, Tho. Levitt and Tho. Davis were fined for absence from jury.
Peter Eyer v. Ed. Clarke. Appeal from a judgment of the commissioners of Haverhill in an action for not returning 7li. of Indian corn and 1 1-2li. of wheat, levied by an execution for Jno. Godfrey. Jury found for the plaintiff, reversing the judgment of the commissioners.
Edward Clarke v. Abraham Whitticker. For not defending plaintiff from damage concerning the action which was commenced by Jno. Godfrey against said Whitticker at the last Court of As- sistants according to his engagement in his letter of attorney to said Clarke. Verdict for plaintiff.
Town of Hampton v. Natt. Boulter. Review of an action tried at last Hampton court, concerning the title of one hundred acres of land in Hampton, which defendant claimed by a sale from Jno. Barrett. Verdict for defendant. Appealed to the next Court of Assistants.
I giue my best suite to my brother Thomas Nelson and I giue to John Spaffard, senior a gray jacket and breches, and I giue to Charles broune two paier of shooes, and two paire of stockings and I giue the rest of my cloaths to Richard lighten, and I giue to my cousen elizabeth platts fiuety shillings, and I giue to my brother thomas lambert my pistells, and my sward and my sadle a - my breast girt and I giue the halfe thousand Acres of upland - the meddow proportianable to the halfe thousand Acres of upland which my Ant Rogers gaue me which lieth in the bounds of Row- ley, which lieth in the diuisian of land commonly called Rowley uillage. I giue this land to my brother Thomas Nelsons children, equally to be divided amongst them that is the children I meane which my sister An hath by my brother Thomas Nelson, and all the rest of my estate I giue to my brother Thomas Nelson, and I make my brother Thomas Nelson executor," etc. Gershom (his mark) Lambert .* Wit: Samuell Brocklebanke,t Ezekiel North- endt and John Brocklebanke.t "This will of Gershom Lamberts was Read unto him and he owned it in euery of the pr tickulers of it and set these leters of his name and his seal to it," in presence of the witnesses.
*Seal.
+ Autograph.
146
SALISBURY QUARTERLY COURT
[Apr.
Abraham Drake v. Isaac Cosens. Debt. Due upon bill and a weanable mare colt which should have been delivered at Hampton and four pounds more in goods at price current to be delivered at Boston, all of which should have been paid in the year 1662. Ver- dict for plaintiff.
Jno. Colby v. Town of Salisbury.
Jno. Colby, son of Anthony Colby, deceased, the lawful pos- sessor of the estate of Mr. Sam. Groom, mariner, lying in Salis- bury, with all town rights and privileges which were sold to said Colby, as appeared by a bill of sale made by Dan. Peirce, substitute from Phillip Wollidg, the agent or attorney of said Groom, and now by division of the estate of said Colby, in an action for re- fusing to own said Colby a townsman and denying to grant him equal town privileges with other townsmen upon the account of Mr. Sam. Groom, he being admitted townsman by the said town of Salisbury as appeared by town records. Verdict for defendant.
Tho. Barnard, jr. v. Mary Peasly, widow. For refusing and neglecting to make good to him a certain legacy of house and lands given to Sarah Peasly, who is now said Barnard's wife, by said Joseph Peasly in his will. Verdict for defendant.
Ed. Goe v. Town of Salisbury. For denying him a right of commonage, which he bought of Josiah Cobham in said town, and refusing to let him have the rights and privileges belonging. Verdict for plaintiff.
Rob. Ring v. Jno. Severans. For breach of bond in not prose- cuting the appeal, in the action between said Ring and the town of Salisbury at last Salisbury court, at the next Court of Assistants. Verdict for defendant.
Israell Wite v. Capt. Rich. Waldern. For withholding the estate of plaintiff, which was committed to said Waldern when he was guardian for said Wite. Verdict for plaintiff. Appealed to next Court of Assistants. Mr. Peter Coffyn and Capt. Bryan Pendleton bound. Owned in open court, Tho. Bradbury, rec.
Tho. Davis v. Jno. Hutchins. Debt. For beef, butter, cheese, bacon and work. Verdict for plaintiff.
Tho. Davis v. Jno. Hutchins. Forfeiture of a bond. Verdict for plaintiff.
Mr. Ed. Rishworth and Ric. Stileman, administrators of the estate of Mr. Edw. Lyde, deceased, or any attorney for them v. Joseph Davis. Debt. Verdict for defendant.
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RECORDS AND FILES
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Capt. Pike, attorney to the Worshipfull Mr. Francis Dove of Salisbury in old England v. Edward French. Trespass. For mowing the grass and carrying away the hay off a piece of meadow or marsh belonging to said Mr. Dove, which marsh lay by the beach in Salisbury, by a sweepage lot formerly Mr. Hal's and thereby claiming title of said marsh for several years last past. Verdict for plaintiff.
Rev. Mr. Wheelwrite, planter v. Phillip Toule. For refusing to deliver him possession of a house and land in Hampton, to which said Toule pretends a right by virtue of a sale from Robert Nanny, late deceased.
Matthias Button acknowledged judgment to William Marston, sr., of Hampton.
Jno. Severans v. Robert Ring. Debt. For entertainment and for pay disbursed to Mrs. Woster, now the wife of Mr. Symonds, for him.
Wm. Barns, Phillip Challis and Jno. Weed v. Rich. Currier and Willi. Osgood. Trespass. For felling and carrying away their timber or pine trees from the tract of land which was granted by the town of Salisbury to Wm. Osgood and by him to said Barns and others. Verdict for defendant.
Will of William Deale of Haverhill, dated Feb. 14, 1664, pre- sented to court but not proved, the administratrix, as she was called, refusing to have anything to do with the will. He be- queathed to "my deare and Loveing wife Mary Deale all my Lands and goods to be att hir disposall, I doe will yt my two Children shall have twenty pounds A pece when they Come at age or day of Marridge; I doe Meane att twenty one yeares: and sixteene yeares yt ye twenty pounds shal be payd I doe make my deare and Loveing wife Mary deale Administratrix of my whole Estate." William (his mark) Deale .* Wit: John Carletont and Phill. Challis.t
Writ: William Cottell v. Thomas Mudget; debt; dated Nov. 17, 1663, signed by Anthony Somerby,t for the court; and served by Thomas Barnard,t constable of Newbury.
Writ: Christopher Palmer, attorney for John Casse v. Henery Greene; for a parcel of land which said Greene sold to said Casse, by bill of sale dated Sept. 1, 1657; dated 7 :2 : 1664; signed by Samuell Dalton,¡ for the court; and served by Abraham Drake, f marshal of Hampton, by attachment of defendant's mill.
Writ: John Warrine v. Humphrie Willson; for not paying twenty pounds according to covenant; dated 18 : 10 : 1663; signed by Samuell Dalton, t for the court; and served by Abraham Drake, t
t Autograph.
* Seal.
148
SALISBURY QUARTERLY COURT
[Apr.
Ordered that Capt. Pike, Mr. Tho. Bradbury and Leift. Phillip Challis make a division of lands between widow Peasly and Sarah Peasly, now wife of Tho. Barnard, jr., and the housing, according to the will of Joseph Peasly, as soon as they can conveniently.
John Hutchins owned he had two quarters of beef.
Tho. Hoyt and Tho. Jonson were admonished and fined for going away disorderly from their master Walter. Also Walter Tayler, for using cursing speeches to his servants, was fined. Jno. Hoyt, sr., was admonished for entertaining his son, being servant to Walter Tayler.
Jno. Gillman, sr., Robert Jones, James Kid, Jno. Fulsham, jr., Denis Skalion and Jerime Cano, having been bound for the appear- ance of Francis Pafat, to answer a complaint of committing forni- cation with Margerite Dudley, and not bringing said Pafat to court, their bond was declared forfeited. Pafat was to pay for keeping the child.
Moses Gillman was fined for neglecting to set or keep the con- stable's watch at Exiter last year.
Henry Roby, for his high misdemeanor in reviling the ordinance of baptism and reproaching the minister, was admonished and bound to good behavior.
Jno. Severans swore to his book of accounts.
Widow Peasly and Jane Flanders, for railing carriages and mis- behaviors, were admonished and fined.
marshal of Hampton, by attachment of two cows, one heifer, a calf and yearling of defendant's in the hands of John Browne.
Writ: John Warrin v. Humphrey Willson; debt due from Mr. John Legate, for which said Willson was liable, having seized upon the estate of Ann Leggate, relict of Mr. John Leggat, without getting administration or giving in an inventory; dated 30: 1: 1664, signed by Samuell Dalton,* for the court; and served by Abraham Drake,* marshal of Hampton, by attachment of a cow and calf in the hands of Josephe Mere, a steer at Nathanell Bacheler's and a heifer in the hands of John Garland of Hamton.
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