USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 16
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Writ: Jno. Severans v. Rob. Clements; debt; for entertainment at his house and for entering one action at Salisbury court, 1663, part of which was to be paid in money, butter or wheat about Michaelmas last; dated 31: 1: 1664; signed by Tho. Bradbury,* for the court; and served by John Griffing,* deputy constable of Haverhill, by attachment of ten acres of land near John Page's house.
* Autograph.
149
RECORDS AND FILES
1664]
Henry Roby and Willi. More were bound for the former's good behavior. Owned in open court, before Tho. Bradbury, rec. To pay Fifeild. This bond was discharged.
Mr. Samuell Dudley was ordered to have 36li. of the 40li. for- feited by Jno. Gillman of Exiter and was bound to save the town of Exiter harmless from all charges for the keeping of the child of his daughter Margerite, which she laid to one Frances Pafat. Mr. Sam. Dudley owned this bond in open court before Tho. Bradbury, rec.
Jo. Samborne, Sam. Dalton and Jno. Redman bound for the town of Hampton in an action between said town and Nat. Boulter for prosecution of appeal at the next Court of Assistants. This bond was owned in open court.
The county treasurer was ordered to pay to Abrah. Pirkins what the county owed him as soon as he could get so much of the coun- ty's estate into his hands.
Town of Salisbury was ordered to pay fine for not prosecuting their appeal from a judgment in a case at Salisbury court, 1663, between Robert Ring and said town. Fine respitted.
The presentment against old Marston was postponed until Hampton court.
The widow Willix of the town of Salisbury being in no capacity to order and improve her estate by reason of a strange kind of dis- tracted and distempered condition that she had been in for a long time, it was ordered that Capt. Tho. Bradbury, Richard Wells and Edward French take care of her estate for her comfortable subsistence, to see her house finished, according to agreement with Wm. Osgood, and in case of need to sell part of her estate for the finishing of the house and procuring stock.
To the marshal, for carrying a warrant for the Quakers.
To Fifeild, for carrying a special warrant for Roby.
Whereas this court was informed by Sam. Winsley that he had delivered to his mother, Mrs. Anne Winsley, 20li., also to deliver what estate was in the inventory to her when she required it, court accepted this as an answer to said Mrs. Winsley, there being no estate to make good the bond given by Mr. Winsley to make good her jointure or annuity.
Capt. Robert Pike, Mr. Tho. Bradbury and Rich. Wells took the three men's oath.
Henry Brown sworn constable of Salisbury for the ensuing year.
150
IPSWICH QUARTERLY COURT
[May
Jo. Severans was licensed to keep the ordinary for the town for the ensuing year.
Robert Smithe, administrator of Rob. Read of Hampton, de- ceased, presented his account, and the 7li. 2s. 6d. due to said Smithe, was ordered to be paid him out of the rent of the house at Boston.
Allowed 6s. to the servants of the house, and 4s. to Jno. Ilsley. Adjourned to the second fifth day of June next at the ordinary at Salisbury at ten o'clock in the forenoon.
COURT HELD AT IPSWICH, MAY 5, 1664, BY ADJOURNMENT.
Mr. Thomas Gilbert and Joseph Bigsbye of Topsfield were made free.
John French took the oath of fidelity.
Jacob Foster of Ipswich made free.
William Nelson, being convicted of stealing six pieces of beef from Thomas Bishop, was sentenced to pay 12s. to Goodman Bishop, the beef being returned, and to sit one hour in the stocks .*
William Downeing and Joseph Lee were fined upon their pre- sentments for breach of the peace.t
Caleb Kimball, upon his presentments for striking Symon Tuttle and for breach of the peace, was fined.}
Richard Shatswell, upon his presentment for breach of the peace, was fined.§
*Ipswich presentment. Wit: Daniell Denison and Nathaniell Domine.
tIpswich presentment. Wit: Samuell Myhill, Twiford West, John Chowt and John Low.
Samuell Frensh, deposed, Mar. 10, 1663, that upon a lecture day after lecture he went into Thomas Bishop's house. There he saw Leigh and Downing shoving one another in the corner. Joseph Leigh shoved William Downing upon John Day, and Leigh hit Downing a blow upon his face with his hands. Sworn, Mar. 10, 1663, before S. Symonds. T
Ephraim Fellows deposed that Joseph Lee came into Bishop's house, said he was cold and asked Downing to let him come near the fire, etc. Sworn, Mar. 10, 1663, before Samuel Symonds. T
#Ipswich presentment. Wit: John Adams, Gilbert Wilford, Robert Funnell and Samuell Dutch.
§Ipswich presentment.
Wit: John Brewer, Georg Smith and Samuell Lord.
{ Autograph.
151
RECORDS AND FILES
1664]
Martha Smith chose Nathaniell Elitrop to be her guardian, and he was bound in 40li. to pay her her portion when due.
Caleb Kimball, upon his presentment for rescuing cattle, was fined .*
Peeter Cheny, upon his presentment for fornication, was fined. His wife Hanah Cheny was fined 3li. unless she appear "before the court rises if soe the court will considder further."}
Town of Andover was discharged of its presentment for want of a pound, it being certified that a sufficient pound had been provided. John Newman, jr., was fined for not assisting the constable.
Thomas Lovekin was fined for not assisting the constable.
John Edwards, Phillip Fowler, John Ananaball, Mathew Ana- ball, John Wood, Sam. Varnam, Samuell Dutch and Roger Lang-
John Brewer deposed that being by his house side he heard Caleb Kimball call to Samuell Lord to witness that Goodman Sachwell struck him, but he did not see them. Bye and bye Caleb's oxen came by deponent's house alone and when they were half way to Goodman Day's, Caleb came running by and took them back within about eight or ten rods of deponent's house, where the blows and words about the oxen occurred. Sworn in court.
*Ipswich presentment. For rescuing his oxen from Richard Satchwell, who was driving them to pound out of the common field. Wit: John Brewer, Georg Smith and Samuell Lord.
Samuel Duch testified that being in his uncle Caleb's yard, he saw Goodman Sachwell coming along the street after some oxen, two of which were Caleb Kimball's, and they came into the yard of themselves. Bye and bye Goodman Sachwell came to take them out and deponent's uncle warned him against coming on his ground, saying that he would pay for the pounding and the damage they had done. Goodman Sachwell forced the oxen out of the yard, struck his uncle three or four blows with a piece of board he had in his hand, and the oxen went to the common, toward Goodman Daye's house. Said Sachwell went toward his own house.
+Newbury presentment. They were married May 14, 1663, and their child was born Nov. 6, next following.
"Honoured gentlemen,
"Wee crave leaue to inform you in some particulars con- cerning our friend Hanah Cheany who is sumoned to appear before you, whose indisposition of body, she being subject to sore fits (especially upon such occasions as this) cals for yr clemency to her so far as justice shall permit; & yt she may not to ye manifest hazard of her life be forced to come before you. If you shall please to take notice yt ye parties concerned she and her husband have ever bin of unblameable conversation never offending in this kind,
152
IPSWICH QUARTERLY COURT
[May
ton, presented for keeping cattle in the common corn field on the Lord's day, it being the first time, were admonished .*
Capt. Paul White and Stephen Swett had their licenses renewed for one year.
Caleb Kimball and his wife, John Leeds and Abraham Knowlton, complained of for playing at cards, were fined 5s. each.
Richard Smith, complaining against Zachry Debell and William Newman for stealing his canoe, the court ordered that they pay treble damages, 4li. 19s.
The treasurer was ordered to pay John Woolcott 14li., and Peter Chenye's fine to be part of it.
Jonathan Lambert, dying intestate, his brother John Lambert was appointed administrator and he was ordered to bring in an inventory to the next Ipswich court. John Lambert was bound in forty pounds.
Stephen Godwin, for breaking prison, was ordered to be severely whipped and committed to prison.t
Zachary Debell and William Newman, for being accessory abetters and conveying the prisoners away, were ordered to be severely whipped, fined and committed to prison until they paid it, and also bound to good behavior. Zachry Debell and Samuell Graves bound.
except in this one particular; and having bin published according to law, and ye time of marriage appointed, but unexpectedly de- laied by theyr parents by reason of extraordinary accidents: we hope you will not think it strange that we intercede for them, and that although she be by ye hand of god prevented from going to court, whereby she might express her penitence to you yet there may be noe misinterpretation or misunderstanding in ye business, but yt as she humbly submits her selfe to your judgmt, so she may || together with her husband || have what favour yr wisdomes shall judge meet to shew them: And so shall pray &c.
"Newb. 4th May 1664
"Thomas Parkert Wm Gerrish."}
*Ipswich presentment. John Edward, Phillip Fowler, jr., Robert Dutch, jr., John Anabell, jr., Mathew Anabel, John Wood, Roger Lancton's boy and girl, Samuell Vernam, jr., and Samuell Dutch were presented. Wit: Robert Lord, jr., Caleb Kimball and Mark Quilter.
¿Stephen Godwin was committed to prison for want of security for his good behavior.
John Palmer and Mary Day deposed that they heard said God- ¿Autograph.
153
RECORDS AND FILES
1664]
Thomas Willson, for being an abetter and concealing the prison- ers escape from prison, was ordered to be whipped .*
Thomas Tredwell, jr., Nathaniell Tredwell and John Pindar, for concealing the prisoner, were admonished.
Samuell Graves, for suspicion of concealing the prisoner and carelessness in his trust in searching for him, was bound in 50li. to appear at the next Ipswich court.
Execution being respitted in the action of Tho. Clarke v. Tho. Andrews, the respite was taken off.
Charges allowed to Walter Roper, Caleb Kimball, Richard Coye, George Abbott and Thomas Johnson in prosecution of the prisoner.
Ordered that Mr. Symonds and Major Genll. Denison take order about the security for the good behavior of the prisoners and the charges. Sam. Graves engaged to pay Zacherye's fine.
"Forasmuch as severall escapes have beene made out of the prisson by the prisoner with the ayd & assistance of some Ill affected psons It is ordered that noe pson shall prsume heerafter to come within the prisson yard, nor within 20 foote of the prisson on the west syde therof, where there is noe fence, upon any prtence what- soever without pticular licence from the keeper, while any prisoners are in prisson, upon paine & penalltye to be psceded agast as con- temnors of authoritye and abbettours of malifactors."
win say to Joseph Bond that if he told any tales he would dash out his brains or beat his head against the wall. Sworn in court.
*John Gidding deposed that the "last second day Thomas Willson came to my house & tould that the prissoner was found againe || I sayd || but are they found that lett him out he answered noe nor I hope never will I sayd I doubt you are one of them he sayd noe I am as cleare as you I sayd noe I doubt not soe, how could you then tell your cossen Nath: Tredwell that the prisoner was at goodman graves his barne of the thursday after he was lett out he sayd I tould him but he was a rogue for telling you & he then turned about and cryed." Sworn in court.
James Ford deposed that on Monday last, being at Thomas Wilson's house, he asked him what news, and he told deponent that Stephen was caught again. Deponent asked him who let him out of prison that he had no better instructions how to get away, and Thomas said it was himself, John Pindar and Zach. Debel. That they had bound themselves not to discover anything and whoever discovered the matter first was to bear all the damage that should come to all or any of them by that act. Deponent said that Thomas told him that the cocks had crowed six times on Tuesday night before he went to bed and that day broke as he was
154
SALEM QUARTERLY COURT
[June
The treasurer was ordered to pay to Mr. Willson 3li. for his salary.
Samuell Graves undertook to pay 13li. to the treasurer for Zachry.
William Newman bound in 20li. not to be seen in this jurisdiction from May 16 to Sept. 29, 1664.
Given to the house 5s., and 12d. to be given to Mr. Paine's maid where Major Hathorne lay.
COURT HELD AT SALEM, 28 : 4 : 1664.
Judges: Worshipfull Mr. Symond Bradstreete, Mr. Samuell Symonds, Major Danyell Denyson and Major William Hathorne.
Jury of trials: Mr. Richard More, Richard Prince, John Porter, Jacob Barney, William Dixy, Samll. Corning, Richard Bishop, Nathanll. Felton, Raulph King, Jon. Haukes, Richd. Kimball, Steeven Glover, George Keiser in Jon. Hathorn's action and Tho. Oliver in Jon. Porter's action.
Tho. Gretian v. Mr. John Duncan. Debt. Forfour and one-half
going home when he was near Thomas Burnham's house. Thomas further said that he went into Goodman Graves' house at the back door to wake Zachary, etc. Sworn in court.
Anne Chote deposed that Thomas Wilson was at the rails on Thursday night and she asked him if he knew what had become of Stephen and he said that if there were a fair wind Stephen would not be long in Ipswich. That Stephen was not twenty rods from the meeting house all that while and that he was over the scaffold in Goodman Graves' barn. Sworn in court.
John Dille, aged about twenty-one years, deposed that being in Mr. Hubberd's lane with Jonas Gregory on lecture day, Thomas Wilson told deponent that Stephen was in Goodman Graves' barn and asked deponent if he would help convey Stephen away to the eastward. He told him that he would have no hand in any such thing, and Wilson said his father had examined him as to whether he had anything to do with letting out the prisoner, and he had told him that he was at home in bed at the time and that his wife would swear to it. Zachery, Goodman Graves' man, was he who let him out. Sworn in court.
William Downeing, aged about twenty-four or five years, de- posed that Thomas Wilson came to his ground when he was plant- ing, and he told deponent where Stephen was and said that Good- man Graves had no hand in the matter. Sworn in court.
Presentments, dated Mar. 29, 1664, signed by Daniell Epps,* in the name of the rest of the grand jury :--
* Autograph.
155
RECORDS AND FILES
1664]
month's service sailing with him in the ship called the Black Eagle. Verdict for plaintiff, to be paid in current money of England .*
George Drakev. Mr. Jon. Duncan. Debt. For four and one-half
John Ridg and Richard Jones from Newbury presented for not coming to the public meeting.
*Writ, dated June 21, 1664, signed by Hillyard Veren,t for the court, and served by Samuell Archard,t marshal of Salem. The latter had appointed Nicholas Merett of Marvellheade his deputy, but he did not serve the writ.
Thomas Gretians' bill of costs, 1li. 13s. 8d.
Abraham Shaw, aged about thirty years, Steven Gregs, aged twenty-five years, John Wall, aged about twenty-four years and George Geake, aged about thirty-one years, deposed that on Tues- day, June 14, 1664, the ship Black Eagle was lying at the head of Marblehead harbor, when the master, John Dunkin, spoke openly to the ship's company: "Gentlemen I have giuen you three or four Dayes to Consider wher you would goe the Fishing uoydge In the shipe or noe I Conffesse that it was nott In your bargaine to goe a Fishing And you may Chuse wher you will goe or noe, therfore because I am now goeing to Boston I would have you giue me your positive Answer, soe that if you will not goe I may gett men In your roomes." In Answer to which most of the company said that they would not go for the wages offered, that is, twenty- seven shillings a month, not being fitted with materials for a fishing voyage. Then the master said "I would desyre you to Carry the shipe off to her moreings, and then euery man For himselfe." This was done and the sails were dried the same day and the men gave attendance two or three days expecting to receive their wages when the master came from Boston, but seeing no victuals dressed for them for two or three days, some returned to the shore to buy provisions for their natural sustinance.
Abraham Shaw and John Wall further deposed that about June 16 or 17, 1664, in the morning, Mr. Allexander Reid said openly upon the deck of the Black Eagle in Marvellhead that he had re- ceived a letter from the master at Boston and he desired him to say that if they would go on the fishing voyage, they would be welcome, for he would rather they should go with him than stran- gers, although he could get men enough at Boston. The men refused to go and Mr. Reed told them that they must have a little patience till the master came from Boston, who would be answer- able for their wages. They further deposed that after the master came from Boston, he said that he was sorry they could not go with him, but he had shipped men at Boston. Whereupon John Wall said that he hoped he would give them their wages they had earned. The master confessed that they had earned their money and he
tAutograph.
156
SALEM QUARTERLY COURT
[June
months' service sailing with him in the ship called the Black Eagle. Verdict for plaintiff, to be paid in current money of England .*
Thomas Gretian v. Henry Combes. Forfeiture of a bond. Withdrawn.
John Deacon v. Anthony Crosby. Debt. Verdict for plaintiff.t
Nathanyell Pittman v. Richd. Gardner. Trespass. For com- ing upon plaintiff's ground, fencing it and occupying it. Referred to the selectmen of the town of Salem to be ended in a month, which was consented to by both parties.
William Browne v. John Codner. Non-performance of a prom- ise made by him upon the marriage of his daughter-in-law to the said Brown. Verdict for plaintiff, either the two acres of land at Gatchell's hill or on the neck, or ground to set a house upon and a garden spot by the cow house of said Codner; also one-third part of the shallop called the Black Besse, and seven years' stage room for his own particular person.}
would willingly give it to them, but he had been advised not to do so without going to court, because he might have something to show to his owners for his own discharge, etc.
*Writ, dated 21 : 4 : 1664, signed by Hillyard Veren,§ for the court, and served by Samuell Archard, § marshal of Salem.
George Drake's bill of costs, 1li. 13s. 8d.
+Writ: John Deakin v. Anthony Crosbee; debt, which the said Crosbee promised to pay to Capt. Georg Corwine of Salem on said Deakin's account; dated June 17, 1664, signed by Jonath. Negus, § for the court; and served by William Lawe, § constable of Rowley.
Goodman Deacon's bill of cost, 1li. 1s. 7d.
Bond of Anthony Crosbies of Rouly to John Decon, who lived at Wenisemet, dated Oct. 8, 1663, for 3li. 4s., which said Crosby promised to pay to Capt. Georg Corwine of Salem in wheat or pork. Wit: Jeremiah Belcher.§
Summons to Anthony Crosbee, dated June 17, 1664, to appear at the next Salem court.
įWrit, dated June 6, 1664, signed by John Fuller, § for the court. John Codner and John Bartoll, sureties for Codner's appearance.
Wm. Browne's bill of cost, Ili. 14s. 10d.
John Pedrick, aged about forty years, and James Poere, aged forty-five years, deposed that being in September last at the house of Goodman Grosse at Bostone, in company with John Codner and William Browne and others, they heard Codner discoursing with said Browne about marrying his daughter-in-law Mary Chin. Deponents heard Codner say to Browne "yf thee doest mary my § Autograph.
157
RECORDS AND FILES
1664]
Georg Wheeler v. Jon. Chater. Debt. Verdict for plaintiff. Mr. Harlackendine Symonds appeared in court as surety for de- fendant and answered said action in his stead .*
Margerett Bennett, widow v. Andrew Rowland. Debt. For provisions. Neither the defendant nor his surety, Mr. James Brading, appearing, their bond was forfeited.t
Daughter, (meaning ye said mary) I will giue thee two acres of land at Gatchells hill or on the neck, & yf you acept not of that, I will giue thee ground to sett a house upon & a garden spott, by my cow house, & further said I will alsoe giue thee the third pt of my shallop caled ye black Bess: & for stage roome I will giue thee yt alsoe for 7 yeares for thy || owne | pticuler pson," and said Browne answered, taking off his hat, when John Codner drank to him upon those foregoing words, calling him son, "I thank you, father." Then they shook hands, and Codner was well in his right understanding and memory without being distem- pered with drink or otherwise. Sworn, 25 : 4 : 1664, before Wm. Hathorne.Į
Samll. Condey, aged about thirty-three years, deposed that Jno. Pederick said that Browne's estate was worth two hundred pounds in England, etc. Sworn in court.
Robert Pety, aged twenty-three years, deposed that when William Browne demanded what Codner had promised, the latter said he had promised him nothing and "yf I did com by it how you can." Sworn, 25 : 4 : 1664, before Wm. Hathorne.}
*Writ, dated May 2, 1664, signed by Jonath. Negus,# for the court, and served by Tho. Fitch,¿ constable of Boston.
Harkakinden Symonds# was bound for John Chater's appear- ance.
Bill of costs, 1li. 10d.
Letter of attorney, dated May 30, 1664, given by George Wheeler § of Newbury to Leift. John Pike. Wit: Anthony Somerby# and Rebecca Somerby.#
John (his mark) Chatter of Newbary acknowledged a debt of 6li. to James Uselton of Newbery to be paid to Capt. Gerrish, in beef, pork or corn, dated May 10, 1660. Wit: Edward Woodman and John Bartlett.}
+Writ, dated May 9, 1664, signed by Francis Johnson,# for the court, and served by Thomas Fitch,¿ constable of Boston.
James Brading,# surety for said Rowland's appearance.
Richard Downeing, aged about twenty-seven years, deposed that Andrew Rouling received of Margrett Bennett, pork amount- ing to 4li. 18s., and deponent heard him acknowledge that he was indebted to her 14s. for washing, for which she had received of
# Autograph.
§ Autograph and seal.
158
SALEM QUARTERLY COURT
[June
John Meagers v. Osmand Dutch. Breaking of a bond. Ver- dict for defendant .*
Matthias Farneworth v. Samll. Bennett. For withholding a debt of 8li. which he should have paid to Georg Emory for curing Wm. Dellowe's hand. Verdict for plaintiff.t
him 37s. in clothes, and that there was a balance due said Mar- garett of 3li. 15s., which said Rouling promised to pay her in cod fish upon the rock or in money at weighing time. Sworn, 25 : 4 : 1664, before Wm. Hathorne.}
Mary Codner, aged twenty-six years, deposed that Andrew Rowland received of her mother Benitt, etc. Sworn in court.
Ann Deverixe, aged about forty-three years, deposed that she weighed the pork for Andrew Rowland, etc. Sworn in court.
*Writ, dated June 21, 1664, signed by Edmund Clarke,į for the court, and served by John Fitch,¿ constable of Gloscester.
Osmand Dutch's bill of charges, 9s. 2d.
Osman (his mark) Duch and John Meager,¿ agreement, dated June 1, 1664, to leave the settlement of all differences to Robert Elwell and Jno. Collens, sr. Wit: Peter Duncan and Georg Keser.į
Georg Keser deposed that being at Cape Ann at Mr. Duncan's house, Robert Ellweell asked what the business was that he and John Collins, sr., were to do, and Goodman Duch answered that they should not meddle with the action of the Ipswich court. Goodman Elwell said he would not meddle either, for that indeed would be a bad business.
John Collens, jr., aged about twenty-eight years, deposed that he heard his father say, etc.
Georg Keasor, aged about fifty years, deposed.
James Collens, aged about twenty years, deposed that he was present when Osmund Duch came to his father's house, etc.
+Writ, dated Apr. 2, 1664, signed by John Fuller,¿ for the court, and served by Robert Ingolles,¿ constable of Linne, by attach- ment of one brown cow and two heifers in the hands of Capt. Thomas Marshall.
Bill of costs of Edward Richards, attorney for Matthias Farn- worth, 1li. 4s. 8d.
Letter of attorney, dated Apr. 3, 1663, from Mathias (his mark) Farnworth of Grotton, weaver, to his loving brother, Edward Richards, to appear for him in the action against Sammuell Bennit, sr. Wit: John Fullert and Elizabeth (her mark) Fuller.
Thomas Laughton, aged about fifty-four years, testified that being at the house of John Hathorne with Samuell Bennet and Mr. Emry of Salem and others, Mr. Emry accepted a bill from said Bennett of about five pounds to be paid by Mr. Browne of Salem
į Autograph.
159
RECORDS AND FILES
1664]
Jon. Hathorne v. Jon. Blany. Debt. Withdrawn .*
Robert Ingalls, constable of Lyn, was allowed 2s. for a hue and cry.
before sunrise the next morning. It was for the discharge of Mr. Emry concerning one Dillow. Sworn in court.
John Deacon testified that Samuell Bennett told him that he had paid Mr. Andrews for the curing of his man's hand. Sworn in court.
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