USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 20
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Robert Rogers,* sometime of Newbury, acknowledged, on 22 : 3 : 1661, to Phillip Nellson of Rowly a debt of three score pounds for a third share of Plum Iland, which he bought of Mr. Joseph
*Autograph.
¡Autograph and seal.
188
IPSWICH QUARTERLY COURT
[Sept.
Jewett, 20li. to be paid in wheat, barly, malt, beef or pork, and the other 40li. in corn or cattle, to Philip Nellson, the provisions to be paid at the house of Richard Dowell in Newbury, and the cattle at Phillip Nellson's dwelling house in Rowly; before sealing it was agreed that the cattle were to be delivered at Richard Dowell's dwelling house in Newbury and said Rogers was to ferry over the cattle at his own cost and to help to drive them to Rowly town. Wit : John Burbank* and John Bond .*
Agreement, dated July 2, -, between Robert Rogerst and William Trottert on one part, and John Bondt of Neuberie on the other part; Rogers and Trotter, both of Plum Iland, sold to John Bond the third part which they bought of Mr. Joseph Jewett upon the same conditions that they were bound to said Jewett, and they agreed not to sell any part of that land, except to one of the partners at the same terms that it cost, upon forfeiture of 40li .; also none of them shall let or mortgage without consent of his partners, nor keep above forty neat cattle for a share. Wit : Edward (his mark) Richeson and Gyles (his mark) Cromlon.
Bond of Philip Nellson* of Rowly, dated May 22, 1661, to Ro- bert Rogers of Rowly, to make good assurance of the land at Plum Iland after the payment of three score pounds, etc. Wit : John Bond* and John Burbank .* Acknowledged, July 13, 1664, before Samuel Symonds .* Recorded, July 14, 1664 among the records of lands for Essex at Ipswich, book 2, folio 207, by Robert Lord,* recorder.
Stephen Swett, aged about forty years, deposed that the writing dated Aug., 1659, which he witnessed, he could not remember, but he believed it to be his hand and would not deny it upon his life. Sworn, Sept. 27, 1664, before Samuel Symonds .*
Susanna Rogers' complaint : "I being a poore widdow, haueing fower Children left me, doe humbly desire this honnered Court to Considder my Condition, my husband died & left me litle, but a pcell of land uppon plum iland, wch he bought of mr Joseph Juit wch my poore Children was put out prentis to pay for this land, goodman Trotter & my husband bought it of that was Rowly devision, wch was 60 odd shares . . . whereas Richard Dowell & henry Jaques should Com to us for assurence for this lande they bought of vs, they privatly & subtlely goeth to m' Nellson & in- formes him that they had now bought all the land upon Plum Ileland of Rowly devision & therefore desires him to make a deede of assurance to them & in there names, of the wholl devision not onely of that they bought, butt allso of my lande, wch we have occupied & lived uppon this five yeares : mr Nellson & Jeremy Juit have allso giuen them possession, whereby I am disapoynted of my grass wch I might have had for my release, allso they Carried away the hay wch I lett men have for there pay, soe that I am like to loose all for they give out as they say, that I shall haue neither
tAutograph and seal.
*Autograph.
189
RECORDS AND FILES
1664]
William Dirkee v. Robert Cross. Verdict for plaintiff. De- fendant was to give his daughter in marriage or pay 5li. damages .*
land nor grass there; likewise they have ingaged to m' Nellson to beare him harmeless or them in this there actions, all the time of my husbands life they weare quiet & a little while longer, till I desired of them my thirds of that they bought, contrary to my minde & knowledge wch desire I think was iust & righteous & it neede not soe have puoked them to indeuer to take or gitt from me that wch is my right, for its knowne they have litle neede of it but it is my liuelehoode soe not to be traublesom any further to this honnered Court, but euer desire to rest on the privdence of god."
*Writ, dated Feb. 22, 1664, signed by Robert Lord,; for the court, and served by Theophilus Wilson,¡ constable of Ipswich.
Margrit Bishop testified that being asked by Martha whether she should go home to her father, deponent told her that it was best for her to do so, "at that William being discontented, she desired me in the presence of God to beare witnesse that she would have no other man but he furthermore she said why will not you trust me as well as I have trusted you hitherto. And hereupon she went away to her father." Sworn in court.
Grace Searl testified that she heard Martha Crosse say, when her friends came for her, that she told William that if she went away she would come again and would not forsake him. Sworn in court.
Thomas Bishopt testified that Martha Crosse desired him several times to speak to her father that she and William Durgy might be married. Sworn in court.
Mary Bishop testified that Martha said it was her greatest com- fort that her father had given his consent to her marriage, which was to take place on the nineteenth of the present month. Sworn in court.
"Honered Sier you may Esilie understand how the Case stands conserne my daufter : & I give them leve to marie
Yor Seruant Rob. Crosse :+"
"Naybor Booshop : to you & yor wiffie this is to let you under- stand or - mindes is so the Case standing as it dous : wee leue yor seruants to yor dis - and for the -- you may poot it to ana period as soone as you please : we shall no ways hinder it : - hartes are sore oprest : wee ar as full of sorro the - ous & goyd you in the thing : Yor : Robert : Cro -
"the 12 of the 7th moth 64."
On the reverse of the foregoing paper : "For Her muche Re- spected Frende Mr Robert Crosse att Ipswich in newe Ingland These present with Care."
tAutograph.
190
IPSWICH QUARTERLY COURT
[Sept.
Robert Crose v. William Dirkey. For abusing his daughter. Verdict for plaintiff .*
Mr. Anthony Crosby v. Lift. Sam. Brocklebanke and Ezekiell Northend, in behalf of the town of Rowley. Withdrawn.
Isaack Burnap v. Tho. James. Slander. Withdrawn.
Mr. Edmond Batter v. Daniell Grasier. Debt. Verdict for plaintiff.t
*Writ, dated Sept. 22, 1664, signed by Daniel Denison,¿ for the court, and served by Theophilus Wilson,¿ constable of Ipswich.
Goodman Storie deposed that "Martha Crosse beeing at her Sister nellsonnes house neere too goodman Storie Martha beeing in sore destresse of mind in the Considoration as shee Conseued she had binn cast out of her fathers favor : & familie : was so horied & destresed in mind ; that her Sistor nellsonn : Came downe to mee much afected lamenten with teeares yt much afected my hart to heare her : woe sayd I thought my Sistor would have died to night : but shee thought shee Could not live an other in that Condition : I beeing much afected with there Condition : sayd why doe you not goe to yor Father & macke youer Condition knowen vnto him : to which shee answered o I dayer not goe to speack a word in her behalfe then I sayd will you goe if I goe downe wth you then goodey nelson sayd I with all my hart : so wee went downe to goodman Croses & there wee found them in a sad & sorrofull Condition verie much horried in there sperite not know- ing which way to turen or what to say : & as my aprehenson then. lead mee : did treat with them about the soferen them to marey the which hee did & that was the way then yt wee thought to bee the best."
William Nelson deposed that Willam Dorkei said, at deponent's house, after Goodman Stories had been at his father's, that he wished he had never spoken as he had, owning the child to be his, but he had eighteen meals a week and would spare six of them to keep the child.
John Bishop deposed that he heard William Durgee say that he had rather keep the child than keep her, but he presently said if he kept one he would keep the other, and they agreed to be married the next day.
+Writ, dated 25 : 6 : 1664, signed by Helyard Veren,# for the court, and served by Robert Lord,# marshal of Ipswich, by attach- ment of a stack of wheat and a parcel of grain.
Daniel Greent acknowledged a debt of four pounds, Apr. 7, 1663, to Edmund Batter, ten shillings to be paid in butter, twenty shill- ings in pork and fifty shillings in corn before Nov. 1. Wit : Hel- yard Verent and Hannah (her mark) Weeks.
#Autograph.
191
RECORDS AND FILES
1664]
Thomas Averill acknowledged judgment to Mr. Edmond Batter of Salem.
Hanah Smith of Rowley chose Lenoard Harriman as her guardian and he was bound to pay her her portion when it became due.
Nicolas Tucker, late of Marblehead, dying intestate, adminis- tration upon his estate was granted to his brother Andrew Tucker of Marblehead, fisherman, and he was ordered to bring in an in- ventory to the next Salem court, that the estate might be disposed of to the right heirs. Andrew Tucker and Mathew Price, sureties.
James Preist of Salem, dying intestate, administration upon his estate was granted to his father, James Preist of Waymouth. An inventory, amounting to 14li. 18s., was presented, which was ordered to remain in his hands until the court took further order.
Upon petition of Mosses Bradstreet and his sisters about order- ing the estate of their brother John Bradstreet, deceased, his widow, now the wife of William Watters, having been appointed administratrix at Salem court, June 26, 1660, this court ordered the estate as follows : There being an inventory brought into that court, amounting to 103li. 9s., and other estate to the value of 20li. more now being presented, court ordered the four ten acre lots in the inventory appraised at 30li., free from thirds, to be given to Moses and his sisters, in case the said wife of William Watters made claim to her thirds, then ten pounds more out of the other estate, and the rest of the estate to the said Hanah Watters, wife of William Moses was to have a double portion and the sisters to have the rest, both land and estate, to be equally divided among them.
Richard Window, being formerly released from training, paying a bushel of corn per annum, this court released him without pay.
Allen Perley, being formerly released from training, paying 10s. per annum to the use of the company, was abated to 6s.
William Moore was released from training without pay.
Thomas Willson was released from ordinary training.
Samuell Ward of Marblehead was licensed to retail strong water as other merchants, but not to have it drunk in his house.
Edmund Batter,* by letter dated Salem, 24 : 7 : 1664, appointed the marshal his attorney at Ipswich court in actions against Walter Taylor of Salisbury, Tho. Avry and Daniel Green.
*Autograph.
192
IPSWICH QUARTERLY COURT
[Sept.
Samuell Graves was released of his bond for appearance, and discharged of his presentment.
Zachry Debell was released of his bond for good behavior.
Stephen Godwin, upon proclamation, was released of his bond for good behavior.
John Attkinson, upon proclamation, and no further evidence appearing, was discharged of his presentment.
Upon complaint against Marke Quilter, court declared his bond for good behavior forfeited, and bound him again to be of good behavior, especially to his wife.
John Millington was discharged of his bond for good behavior.
Upon complaint made against Daniell Black and his wife, court ordered that they should sit one hour in the stocks, and for the future that said Black was not to threaten his wife or miscall her and to live peaceably with her, and she was to be orderly and not to gad abroad. She was further ordered not to be in company with John How or Judah Trumble nor come to the house of John How unless her husband sent her on business, and if either of them offended against this order, they were to be whipped .*
*Summons, dated July 22, 1664, to Daniel Blake to answer a complaint for having forced his wife from him, not suffering her to live with him, signed by Samuel Symondst and Daniel Denison. t Said Black was bound for appearance, and Edmund Bridges, jr., was bound to prosecute the complaint.
Complaint of Dannell Black; against his wife Faith Black : "For her keeping company with Juadath Trumbell and John Hoow and for keeping of John Hoows hous and espashelley one night above the rest the saide faith Back was seen wallking with Juadath trumbell About the daye Light sehuttin in withing a Lettell Spacese earch of the other and being not seen from that tyme tell mednight or aboute that tyme and then Goodey Back came to Goodman wakeles house shee came to the dore and knocked att the dore soe sauft that no one could not heare her att Last shee went the back side of the house and takin up a clow Boord and knocken Against the house wakned the woman and the woman ris and opned the dore and lett her in and Asked whare shee had been that tym of night shee Answared she had ben att Goodman Clarkes eaten of fish Goodey wakley Asking why shee did nott goe home to her hursband and to her one house shee Answered and sd that shee did not Care for goein home And Lickwise att other severell tymes being seene att John Howes hous and sum tymes in bed with John Hoow was seen to bee and allsoe her husband being A Pore man
+ Autograph.
193
RECORDS AND FILES
1664]
and one that hath nothing to Live by but his Labor had but one Cow and for the want of the milchen of her Lost the Profet of her by his wifes carlesnes whare upon hee was Provocked severell tymes and often to theretten her and tell her that hee would com- plaine of her to the Court her Father And the rest of her frinds with John How togeather hearing of this made A Complant to Mr Symons," etc.
Goodwife Black complained that her husband had called her baud, swearing and cursing at her, threatening to kill her and knock her brains out. He told her to go and shift for herself and pulled off her stockings, turning her out of doors and not suffering her to come in, so that she was forced to go in the snow to Good- man Carall's, which was half a mile from her home.
John How testified that he heard Danil Black " wish god to dam his soul if he ded not Bett his wif Brains outt."
Edmon Bridges and John How testified that he forced his wife out so that she was obliged to go half a mile up to the knees in snow to get relief.
Obidia Bridgis deposed that Danill Black and his wife were at deponent's father's house, and she was very ill. There were several people in the house and Thomas Lovekin was desired by "my seester black" how his finger was that he had cut off. Danill Black seeing this, told his wife that he vowed that he would make her know sorrow for that. Some hours after, he asked his wife to go up with him to Mosis Pangren's and she refused, but he went and brought down a bottle of sack, drank some of it with his wife and so fell out with her. Deponent came between them and pre- vented his striking her, and Black replied "you Rog I will ron you thorow," having his knife drawn in his hand. Deponent and Edmon Bridges also deposed that they heard Black at Wenham tell his wife to go bring a sickle out of a field of corn when it was very wett weather and when she had not been abroad a great while on account of a great sickness, and when she refused to go, he abused her so that they had to send for the constable to quiet him.
Thomas Hobes and his wife testified that a woman ought to be a meet help for a man, but Black's wife provoked him by her words and carriages, and they had heard Black say that if his wife would stay at home, dress his victuals and wash his clothes and do by him as by a husband, he would allow her time to see her friends as much as she desired. But when she had been out two or three days and nights together, he could not help speaking to her. If she had done as she might have done, they would have lived very well and he would have worked and taken a great deal of pains, but when he reproved her, she said she would do it again. If de- ponents' wife had not washed his clothes and fed his swine, they would have suffered, yet all the thanks Black's wife gave her was to tell her that she did not ask her to do it.
John Gould deposed.
194
IPSWICH QUARTERLY COURT
[Sept.
Capt. Walter Barfoote and Mr. Henry Greenland, upon com- plaint made against them by Wm. Thomas and Richard Dole, concerning abuse of them, were ordered to pay a fine of 5li. each
Elizabeth Perkins, sr., and Agnes Ewens were ready to depose as follows, if called : That they did not desire to testify, but what had brought them forth was the busy prattling of some other, probably the one whom they had taken along with them to advise a young woman, whose simple and foolish carriages and words, having heard of, they desired to advise better. This had come to the ears of Dan. Black, who had them summoned as witnesses. They desired to be excused from testifying because what was told them was a private confession which they had never to that day divulged, and the woman had never offended since that time but had lived gravely and soberly. The testimony was briefly that Mary, wife of John Howe, confessed to them and to Mary, wife of Dan. Clarke, that Goody Black lay with her one night in her husband's absence, and her husband coming home, etc.
Thomas Dorman testified that one day when Daniell Blacke worked with him at the village, which was a very wet and cold day, he went home expecting to find his wife. She had brought a waist- coat to deponent's house and then went to Mr. Baker's, from which place Goodman Meddalf's man carried her to John How's where she stayed all night, etc.
Zacheus Curtis and Luk Wakelin deposed that they heard John How say that Daniell Blacke was a jealous fellow, etc.
Luke Wakelin and Katherine Wakelin testified that John How had often given Judah Trumbole counsel not to keep in the com- pany of Goodwife Black for fear trouble would come to him, etc.
Daniel Black, complained of by John How for abuse, was bound, July 23, 1664, by Samuel Symonds* to appear at the next Ipswich court.
John Danfed deposed that after working at the plains one day, he called at John How's and saw Goodwife Blake there by the loom-side shelling pease and heard her say that she would be at John How's in spite of her husband's teeth.
Zacikes Curtes, jr., testified that he heard Edmond Briges say that John How's wife came, etc.
Luke Wakelin deposed that he went with Daniel Blake to John How's house to find his wife, and Goodwife How whispered to deponent to ask Blake to go to deponent's house to get a ladder and then she could get Goodwife Blake away, etc.
William Smith deposed that Goodman Bridges said that his sister Faith might live as well with Daniel Blake as any poor woman in Topsfield, but her proud spirit was enough to provoke anyone to do things that he would not do at another time, etc.
*Autograph.
195
RECORDS AND FILES
1664]
and to be bound to the peace, with sureties. Capt. Barefoot and Robert Addams bound. Capt. Barefoot appealed to the next Court of Assistants. Mr. Henry Greenland and Robert Adams bound. Mr. Greenland appealed to the next Court of Assistants .*
*Copy of warrant, dated June 6, 1664, for the arrest of Mr. Greenland and Capt. Barefoote for a great misdemeanor against Mr. Wm. Thomas and Rich. Dowell of Newbury, endangering their lives, signed by Samuell Symonds and Daniell Denison, and served by Wm. Chandler, constable. They appeared before Samuel Symonds,t July 19, 1664, and were bound.
Wm. Chandler'st account of charges about Capt. Barfoot : For going after him to Salisbury ferry, bringing him to Ipswich before Worfll. Major Generall Dennison, "my selfe and two to assist me; he would nott come a foot, therfore I was constrained to hire 4 horses allsoe it was Late in ye day when I tooke him, by reson he went from mee, after I tould him my buisnes in Newbury," for expenses that night at Mr. Baker's also "I spent much time in searchin after Mr Greenland," etc., 1li. 7s. 1d.
Wm. Thomas deposed that being in the inward room, Stephen Swett's kitchen, and seeing Rich. Dole abused, he went to Mr. Greenland and said, "Sir wt doe you meane to doe," his answer was "thou Roge art thou come?" He struck deponent down suddenly, but he arose again and then he thrust him against the boards of the little room, forcing him to a sill. Then he threw deponent down, fell upon him, kicked him, tore his leg, stamped upon his stomach very rashly, until deponent thrust up his feet and lifted him off. Mr. Greenland took hold of the door and the windoe and stamped upon deponent's breast and face until the latter was all bloody, except his eyes. When Greenland had finished, deponent saw him take the fore part of his coat, tear it in small pieces and then he went out of the room and told them to see how he had been abused. Sworn in court.
Rich. Dole deposed that he was at the ordinary in the common room, when Capt. Barrfoot, Mr. Greenland and an Indian were in conversation, and he sat down upon the bench, the man of the house being beside him. Deponent asked the latter if the Indian said he would attach Capt. Barfoot, and said Barfoot answered "You had best give in security to prossecute." Deponent replied, "Capt I say nothing to you neither doe I meddle or make with you." Presently "he tould me he would prove me ye verriest knave in new England and would have made me an Examplee erre this had hee not bin prswaded by some friends, I said to him Capt doe not threaten me neither to my face nor behind my back, Mr Greenland tooke up Capt Barrfoots words, I said to Mr Greenland wt if I should say that Clarke was an Ass or a foole to sett his name & give
tAutograph.
196
IPSWICH QUARTERLY COURT
[Sept.
any man power to writte wt hee please. Capt. Barrfoot sitting on the other side of ye table said to me sirrah gett ye out of ye roome I will heaue the pott att thy head, & presently threw ye pott & strucke me one ye head backward to ground, as soone as ever I had re- coverred my selfe, Mr Greenland wth his hand & Foot struck me downe backward & trodd uppon me or kickt me, I being in a mase wth the blowes I cannot tell whether he did kick or tread uppon me, some body speaking to Capt Barrfoot asking him why he did heave the pott at Rich. Doles head he made this answerr he was sorry for nothing but that hee did heave it noe harder, and I doe solemnly professe to the honnored Court I doe goe about my buisnes in feare of my life, of Capt Barfoot and Mr Greenland, and further saith yt after he was gott upp hee says Capt Barrfoot Came from ye inside of ye table wth his sword drawne, & wth highe threat- nings words he spake to those which were in the roome." Sworn in court.
John Wilcot, aged about thirty years, and James Mirecke, aged fifty-two years, deposed that an Indian came into the house, who was indebted to Walter Barefoote, and the latter demanded his pay. The Indian did not give satisfaction and Barefoote desired Henry Greenland to secure him until he sent for a constable. Richard Dole came into the room as Barefoote was filling out a blank attachment and asked what he was doing or whether he were a elerk of the writs. Barefoote answered that, if he pleased to see, it was Elias Stileman's hand at the bottom of the writ, whereupon said Dole went out and came in again to their room and said that he who granted the attachment and acted by it was a fool and a knave. Capt Barefoote desired him to leave the room, but he refused, etc. Sworn in court.
John Wilcott, aged about thirty years, and Jeramiah Gooder- ridge, aged about twenty-seven years, deposed that if Barefoote had not drawn his sword, he and Greenland would have been beaten, etc. Sworn in court.
Wm. Chandler testified that he was sent for to go to the ordi- nary to serve an attachment, and that the broil was over. He told Capt. Barefoot that he might have killed Dole with the pot he threw at him and been hanged for it. Barefoot answered "it may be not," and said he would bear out Greenland in what he had done. Sworn in court.
Richard Dole's bill of cost, 1li.
Jno. (his mark) Davis testified that he was at Swett's house on Saturday, June 6, and there was Mr. Thomas, who, hearing that Ric. Dole was under the power of Mr. Grenland, had come in to rescue said Dole out of his hands. Capt. Barefoot drew his rapier, "I being on the Kitchen side wthdrew in to the Kitching from the rapier," and deponent endeavoring to rescue Mr. Thomas, "Mr. Barefoot came towards me wth his naked rapier & run against me sayd I showld not goe in gett the out let them alone for non shall
197
RECORDS AND FILES
1664}
Edward Neland, upon his presentment for striking another man's boy, was fined, and for taking up a beast from another man's com- mon was admonished.
John Acie, for his great misdemeanors, was ordered to pay a fine, lie a week in prison and to be bound to good behavior. William Acie and Jonathan Platts, sureties, for Acie's appearance at the next Ipswich court .*
John Acie, Rich, Swan and William Acie bound for John Acie's commitment to prison within a fortnight.
John How, presented for a lie, was fined.
John How, presented for slandering and reproaching the town of Topsfield, was fined.f
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