USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 21
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goe in." When Mr. Thomas arose, his face was bloody so that the blood ran down on his band, he complained of his stomach and leg, and slipping down his stocking, his leg was bloody and bruised, with the skin off.
Benjamin Lowlet and Samuel Lowlet deposed, June, 1664, that Mr. Barfoot came with his naked sword, stood against the door and said that he would run any man through who came to the door to help Master Thomas, and he drove all out of the room, etc. Sworn, Aug. 10, 1664, before Daniel Denison .¿
*Josuah Bradley deposed that he heard John Acie own that he said to his father that an old man, etc., and that there was no believing what he said. Further that he had wronged his con- science in speaking to uphold his father's honor but he should do so no more, for he had enough in black and white, which if he brought it forth, would make them both ashamed to mention his mother. Sworn in court.
¿Samuel Perlayt testified that as he and John How were going to Topsfeald, the latter took a paper out of his pocket and read to him verses concerning Goodwife Pebody, Goodwife Clarke and Goodwife Andrus. These women were named in the first verse, to this effect, that these three women "do together flock and so they spend their husband's stock and master woodkock shall be preacher to those women, he ned not study above an ower or two in on week," etc.
Edmond Bridges testified that he heard John How say that Top- feld town had persecuted five or six of God's people out of the town, and his father being a godly man, they were against his coming to Topsfeld. Likewise he said that he, being one of the seed of the faithful, was a victim of their spite and they would turn him out likewise. He also said that he was like Lot in Sodom, and that he would tell the court so when he went there. Sworn in court.
#Autograph.
198
HAMPTON QUARTERLY COURT
[Oct.
William Dirkey, presented for fornication, was ordered to be whipped not exceeding twenty stripes, and to put in security of 20li. to save the town of Ipswich harmless from the charges of keeping the child, or else go to prison. Thomas Bishop, surety.
Seven shillings were allowed to Sam. Plumer for ferriage for Mr. Woodman.
Court ordered a county rate to be levied upon the country, a quarter part of a single country rate to defray the arrears of the country debts and that the treasurer issue warrants to the towns of the county.
Mr. John Coggswell and Willm. Coggswell of Ipswich brought in an account of disbursements for the bringing up of the children of John Coggswell, jr., deceased, unto whom they were executors, and also by the discharge of several debts due from the said John Coggswell to the full value of the estate they received, except the land, which they return to the use of the children, and are dis- charged of their executorship, they yet to take care of the children until they choose guardians.
Five shillings given to the house.
COURT HELD AT HAMPTON, OCT. 11, 1664.
Grand jury : Lt. Benjamin Sweat, foreman, Isaac Buswell, Sam. Felloes, Richard Currier, Henry Blasdall, Joseph French, Jno. Robinson, Willi. Godfrey, Godfrey Dearbourn, William Sam- born, Henry Moulton, Bartholomew Heath and Jno. Haseltine.
Jury of trials : Henry Palmer, foreman, James Pecker, Mr. Carr, Jno. Clough, Georg Martyn, Edward Goe, Rob. Page, Wm. Fullar, Nath. Batcheller, Sam. Fogg, Peter Johnson, Moses Gil- man and Willi. Hackett.
Tho. Davis v. Jno. Hutchins. Debt. Due upon balance of account concerning the saw mill at Haverhill of which Jno. Hut- chins is third owner. Verdict for defendant.
John Redman, assignee of Robert Wadley v. Isaac Cosens. Debt. Verdict for plaintiff.
Georg Walton v. Willi. Marston, sr. Debt. Verdict for de- fendant.
Samuel Perley* deposed that John How told him that he made the verses that were lost in Goodman Briggeses shop, etc.
*Autograph.
199
RECORDS AND FILES
1664]
Sam. Winsly v. Capt. Robert Pike. Appeal from a judgment of the selectmen of Salisbury. Review of replevin for undue im- pounding of his cattle and withholding them. Withdrawn.
Abraham Drake v. John Fulsham, jr. Debt. Special verdict. If the evidence proved a legal demand, they found for defendant.
Robert Swan, the assignee of Peter Nash, v. Jno. Perly, jr. Debt. In wheat which should have been paid aboard Jh. Harrises bark. Verdict for defendant.
Robert Swan v. Steven Kent. Appeal from a judgment of the commissioners of Haverhill. Trespass by stealing a parcel of hay, four or five cocks, from his house lot in a swamp near Robert Swan's house. Nonsuited.
Capt. Bryan Pendleton, in behalf of himself and an assignee or attorney to Mr. Jno. Payne v. Jno. Gold. Debt. Mr. Jno. Paine's letter of attorney to Capt. Pendleton was presented and read in court. Verdict for plaintiff. Court concurred with the jury.
Willi. Hacket v. Robert Jones. Debt. Due for certain goods which defendant received of plaintiff. Withdrawn.
Henry Lamprey of Hampton acknowledged judgment to Mr. William Vahan, merchant, of Portsmouth.
Mr. Hussy, having been chosen captain of the military com- pany of Hampton, was confirmed, as was also Benjamin Sheat as lieutenant.
John Samborne, having been chosen captain of the military company of Hampton, but it appearing that he had not been made a freeman, was referred to the General Court for confirmation.
Upon request of Mr. Henry Dearing and the approbation of the selectmen of Salisbury, he was granted license to still and sell strong water by retail in Salisbury during the pleasure of the court.
Mr. John Carlton was allowed as clerk of the writs for Haverhill.
Steven Dow and his wife Ann were presented by the grand jury for fornication, which they confessed. They were sentenced to be whipped not exceeding ten stripes or to pay a fine of twenty
Execution, dated July 22, 1664, against Matthias Button to satisfy judgment granted 12 : 2 : 1664 to William Marston, signed by Tho. Bradbury,* rec., and returned by Abraham Drake,* marshal of Hampton.
*Autograph.
200
HAMPTON QUARTERLY COURT
[Oct.
shillings. They chose the latter course, and Bartholomew Heath engaged to pay the fine.
Administration upon the estate of Robert Tuck was granted to the widow Johannah Tuek and Jno. Samborn, her son-in-law, who were ordered to bring in an inventory to the next Salisbury court.
Will of John Eyer, the elder, of Haverhill, dated Mar. 12, 1656-7, and attested by Henery Palmer, 6 : 8 : 1657, in Hampton court, before Tho. Bradbury, recorder. He bequeathed to "my son John Eyers my dwelling house & house lott but my wife to have my house & orchard & The pasture of English grass by ye barne and the lento at the south end of the barne and to have liberty in ye same New barne, to lay in such hay or Corne as shee shall haue occation to make use of, dureing ye time of her naturall life, & at her death to return to my son John Eyers & dureing ye time of my wives life, my son is to haue ye use of my house lott & barne and to pay my wife Ten shillings an acre for every acre of broken up land in this my house lott. & after ye end of my wife's life and when this falls into my son Johns hand then he shall pay as followeth, five pounds the first yeare after my wives Death to my son Nathaniel ye 2ª yeare five pound to my Daughter Hanah, ye 3d yeare foure pound to my Daughter Rebeka, ye 4th year 4li. to my Daughter Mary, if either my Daughters Rebecka or Mary Dy before this pay be due unto them, then it shall Remain unto their Children but if Nathaniel or Hanah Dy before it be due & leve no Children, then his or hers to be payd unto my son obadia as is above specified to be payd unto them.
"I give unto my son Nathaniel, the house & house lott which I bought of my son John Eyers, & 2 Cous comons with all ye pri- vilidges belonging unto two Cow Commons, & to haue this when his apprenticeship is out with his Master french & in ye mean time my wife to have ye disposeing and benefitt of it & if Nathaniel Dyes before ye sayd time, ye sd gift to Nathaniel, to remain to my Daughter Hanah I doe likewise giue to my son Nathaniel my medow in Hawkes medow, & my North medow but not to haue it till after the Death of my wife, but shee to have the use & benefitt of it Dureing her natural life I doe likewise enjoyne these my two sons John & Nathaniel not to sell these houses or house lotts or any part of it to any except they first profer it to all their other brothers and they to haue the refusing of it, at another mans price which if either of them shall doe Then this my gift shall be void in law and his house and land which he or they shall so sell, shall be forfeited to my other sons
"I giue my land in the lower and upper Plaines to be equally Deuided between my sons Robert, Thomas, & obadiah Eyers & for as much of it as is broken up to pay yearly to my wife Ten shillings for every acre in such corne as shall grow on ye sayd land,
201
RECORDS AND FILES
1664]
at such price as ye country Rate shall be payd at, & if they shall not improve it for corne Then to pay in such pay as shall be equi- uolent to corne at Country price, likewise my sons John, Nathaniel, Robert, Thomas and obadiah, shall maintayn all fences about this Land and to pay all Rates which shall be due upon the same after ye yeare one Thousand six fifty seven but this 57 my wife to haue ye use and benefitt of all my Land & medow & after to be my sons as is before specified. & further enjoyne those my sons not to sell any pt or percell of this Land without the consent of ye other two brothers which if any doe then this my gift to be voyd in Law, and ye Land so sould to be forfeited unto my other sons Prouided yt my other sons will take it at an other mans price, & if either of my sons shal refuse to take my Land upon these terms which are heer set down, then yt which any of them shall so Refuse puided he leave all or also none of his sd Land by me thus giuen, shall be my wiues to dispose of as shee please
"I likewise giue unto my son obadiah two ox comons in ye Comon ox pasture, & two Cow Comons with all their Priuillidges belonging to four Comons, & halfe my two Diuisions of upland & medow & a young Calfe of this yeare when it shal be weanable, it shal be which my wife please, & yt young Sow whose ear hangs down & all my flaggy medow I giue to my son Peter ye other halfe of my second Division of medow & upland & two ox Comons with all priuilidges belonging to two ox-Comons, & three acres of Land in ye uper plaine which he hath alredy in his posession I giue my third Division of land which is granted by the Town to be layd out I giue to my son John Eyer & Peter eyer to be equally de- uided between them. I giue to my wife my best cow, & to my Daughter Hanah my second best cow, & my other Cow & three yeare old heifer, to my Daughters Rebecka, & Mary And all my other goods & Cattle & swine & household stuff undisposed of I giue it to my wife Hanah Eyers whom I make my sole executrix & whom I appoynt to discharge all my debts and to take care for my Buriall." Copied from Norfolk county records by Steph. Sewall,* Cler.
Inventory of the estate of Jno. Eyers, sr., of Haverhill, lately deceased, appraised, 10 : 2 : 1657, by Mr. Robert Clements, James Davis, sr., and Henry Palmer : 4 Oxen, 25li .; 4 cowes, 2 steers & a calf, 20li .; 20 swine & 4 piggs, 18li .; one plough, 2 payer of plough irons, one harrow, one yoke & cheine & a cart rope, 4li .; 2 howes, 2 axes, 2 shouels, 1 spade, 1li .; 2 wedges, 2 beetle rings, 2 sailes & a reaphook, tonges & pothooks, hangers in ye chimny, 13s .; 2 potts, 3 kettles, one skillet, a frying pan, a warming pan, 3li. 3s .; In peuter, 1li .; 3 flock beds & bed clothes belonging to them & bedsteds, 18li .; 12 yards of cotten cloth & cotten wooll & hemp & flax, 4li .; wooden stuff belonging to ye house, 1li. 16s. 6d .; 2 wheels, 3 chests & a cubbard, 1li. 3s .; 2 muskets & all yt. belongs
*Autograph.
202
HAMPTON QUARTERLY COURT
[Oct.
Nath. Boulter demanded the bond given by the town of Hamp- ton in the case of appeal from Salisbury court assigned to him.
Robert Swan and Barthollemew Heath, both of Haverhill, were bound on condition that said Swan should keep the peace toward Steven Kent of Haverhill.
Widow Tuck was granted license to keep the ordinary for the town of Hampton and to sell wine and strong waters for the year ensuing, as before.
Court ordered that the widow Peasly should have liberty to make a division of the house and land between her and Tho. Bar- nett, in behalf of his wife, according to the will of Joseph Peasly, and said Barnett to take his choice, or else the said Barnett to make the division of the land and the widow Peasly to take her choice. If they could not agree, then Willi. Osgood, Richard Currier and Sam. Foot were to make the division.
In the complaint against Jno. Wedgwood, the jury found him guilty of a rescue, but they also found a disorder in both parties.
Nathanell Boulter acknowledged a debt of six pounds to Hum- phrey Falkner, according to his indenture made with Henry Roby, and assigned to said Boulter. Owned in court before Tho. Brad- bury, rec.
Mr. Christopher Hussey was bound to pay to Jno. Mason, his apprentice four pounds at the end of his term of apprenticeship. Owned in court before Tho. Bradbury, rec.
Salisbury was ordered to pay 40s. for not prosecuting an appeal in the case of Robert Ring.
The constable of Haverhill was ordered to pay 40s. according to law for not delivering the county rate and accounting with the treasurer in the year 1663.
Robert Swan was ordered to pay 40s. for not prosecuting his ap- peal from the commissioners of Haverhill in the action with Kent.
to them, 2li. 10s .; bootes, 15s .; fresh meat, 15s .; about 40 bushels of corne, 7li .; his wareing apparell, Sli .; about 6 or 7 acres of grayne in & upon ye ground, 9li .; the dwelling house & barne & land broken & unbroken wth all appurtenances belonging to it, 120li .; forks, rakes & other smal implemts, about ye house & barne, 1li .; debts owing to him, 1li .; between 2 or 3 bushels of salt, 10s. Allowed at Hampton court, Oct. 6, 1657, upon oath of Hanah Eyers, executrix. Copy made by Tho. Bradbury,* recorder.
*Autograph.
203
RECORDS AND FILES
1664]
Joseph Dow, having been found guilty of a rescue, was fined, and for breach of the peace in striking Phillip Brown was fined. Brown was also fined for striking Dow.
Jno. Wedgwood and Robert Smith were admonished.
Court ordered a rate of 30li. to be made to defray county charges. Servants of the house were allowed six shillings.
COURT HELD AT IPSWICH, NOV. 10, 1664.
John Anaball dying intestate, the honored magistrates, Mr. Samuell Symonds and Maj. Genll. Denison, granted administra- ton to Anna, the widow, and she was ordered to bring in an inven- tory to the next Ipswich court.
COURT HELD AT IPSWICH, Nov. 19, 1664.
Jonathan Singletary acknowledged judgment to Mr. Phillip Nellson, executor to Mr. Joseph Jewett, before Mr. Samuell Symonds and Maj. Genll. Denison. He was to abide in the same capacity till the next second day at twelve of the clock with the keeper.
COURT HELD AT SALEM, 29 : 9 : 1664.
Judges : The Worshipfull Mr. Simond Bradstreet, Mr. Samuell Symonds and Major Wm. Hathorne.
Grand jury : Henry Skerry, Joshua Ray, Tho. Rootes, Fran. Lawes, Hen. Herrick, sr., John Dodge, Tho. Rix, Ambross Gale, Richard Johnson, William Mirriam, Allen Bread, jr., Jeremiah Watts, William Allen and Henry Waker.
Jury of trials : Nathanyell Putnam, Samuell Gardner, Antho. Ashby, John Rayment, Roger Hasckall, John Peach, jr., Robert Rand, Fran. Burrell, Wm. Bassett, John Newell, sr., John Fisk, and John Kettle. Chosen for Capt. Price and partners v. Jon. Pickering, Tho. Fisk and Marke Bacheldor.
John Pickering v. Capt. Walter Price and Mr. Hen. Bartholo- mew, Jon. and Samll. Gardner, proprietors of the new mill. Tres- pass. For coming upon his land, digging and carrying away much earth and landing the dam upon his land. Verdict for defendant .*
*Writ : John Pickering v. Capt. Walter Price, Mr. Henry Bar- tholomew, Mr. John and Samuell Gardner, partners in the build- ing of a mill on the South river in Salem; dated 11:9: 1664;
204
SALEM QUARTERLY COURT
[Nov.
signed by Hillyard Veren,* for the court, and served by Samuell Archard,* marshal of Salem.
At a meeting of the selectmen, 18 : 9 : 1664, it was ordered that there should be a highway laid out near Bartholmew Gidneyes new mill over the south river "and is laide out this Day from the place aforesd ten foote aboue high water marke into the bancke untill we com neare the mill to a stake and soe agnst the mill as it is bounded by 4 stakes in a Rainge or right line." Copy from the town book by Henry Bartholmew,* recorder.
Petition of John Pickringe,* dated June 29, 1664, to the Worship- full Symond Bradstreet, Esq., and the rest of the court at Salem : That whereas there was to be erected a mill upon a river which flowed upon petitioner's land, and the land upon which it was to be built was the land of the petitioner's, the owners not having asked his permission, and whereas if they did set it in another place not far distant, they could have his consent, he requested the court to settle the matter in the beginning before the foundations be laid in order to prevent further trouble.
At a general town meeting, 22 : 6 : 1663, it was ordered that liberty be granted for building a mill over the south river near Mr. Ruck's. Also on 9 : 9 : 1663, it was voted that Walter Price, Henry Bartholmew, John Gardner and Samuell Gardner be given liberty to build a mill over the south river near Mr. Ruck's, pro- vided it be built in two years or lose their privilege . Copy from the town book by Henry Bartholmew,* recorder. Deed, dated 9 : 11 : 1651, Tho. Ruck of Bostone, draper, sold to John Ruck of Boston, for 40li., one dwelling house in Salem, with a parcel of land about said house containing nine acres, with the wharf, barns, stables, cowhouses, tenements, fences, etc., bounded by the sea on the east, land of Mr. Emorye on the north, the common on the west and by John Pickering and the river on the south. Wit : Tho. Hingsells and Samuell Ruck. Acknowledged, 17 : 7 : 1652, before Richd. Bellingham. Copy made by Hillyard Veren,* clericus.
Decd, dated 3 : 8 : 1660, John Ruck of Salem and Hanna, his wife, sold to Mathew Woodwell of Salem, seaman, for 19li., two acres of upland in Salem near the now dwelling house of said John Ruck and having the cove that lay behind his house on the north of it, and bounded on the east by the river that ran to Castle Hill and on the south and west by land of John Ruck. Said Ruck promised to lay out a highway, fourteen feet wide, extending from the common that lay before Goodman Lawes' house down to the land of said Woodwell, within two years after said Woodwell had lived upon the land, and that in the meantime, he was given liberty to bring any cart or cattle through the open bars and so through the land of said Ruck and about the place where the highway should be, not leaving any of his cattle to feed in the said land.
*Autograph.
205
RECORDS AND FILES
1664]
Wit : Edward Norice and George Keser. Acknowledged, 3 : 8 : 1660, before William Hathorne. This deed was recorded in the records at Salem for the county, book 2, p. 65, by Hillyard Veren, recorder. Copy made by Hillyard Veren,* clericus.
Answer of the proprietors of the mill, dated Nov. 30, 1664, to John Pickrin's pleas to the court : First, they deny that the land in question was ever the plaintiff's or any others before him and that therefore the several deeds of sale from Mr. Thomas Ruck and others do not give title to the land. Second, they deny that the plaintiff can legally claim possession according to a law on page 65, titled possession. Third, the plaintiff claimed by the testimony of Capt. Trask and Mr. Connant to prove a title to Mr. Scelton, which cannot appear, because Capt. Trask affirmed that all the lots from John Swet's and upward bounded upon the river and concluded that the land in controversy must also, but the con- trary appeared by testimony of Major Hathorn and others. Fourth, that even if the land in controversy once was Mr. Scelton's yet it did not follow that it was now the plaintiff's, because Mr. Thomas Ruck, the furthest title the plaintiff pleads to, had no other title than from Capt. Davenport, which came short of the land in con- troversy, as per testimony of Capt. Davenport and Major Hathorn; also by the plaintiff's guarantees, several fences made upon their land, all of which came short, and if their bounds had been to the river, as was alleged, they would never have run their fence along upon the top of the bank, it being of a great length, instead of which three or four poles of fence at each end to the river would have secured their land. Fifth, that the plaintiff "takes Vpon him to Answer or pleadinge to An Agreement, he might have saved that Labour Vntell we had Soe pleaded, thus Lookeing Vpon Inocencie to be or best plea In which we Crave the protection of this Hon'd Court."
John Pickering's pleas : That the land was plaintiff's by deeds recorded, and when men's lands are bounded upon a river, no com- mon highway can lie between those lands and the river, moreover the law gives the bounds to low water mark to the proprietor of the land adjoining to any creek, cove or those places where it ebbs not above a hundred rods. (See Law book, page 20, titles, con- veyances, deeds and writings, and page 50, liberties common.) That this land had been possessed by the plaintiff and his grantors before Oct. 19, 1652 and enjoyed by them until June or July, 1664, and the law says that when lands are so possessed and not claimed and the claim entered, the proprietors shall enjoy the same: it was possessed by plaintiff from May, 1664, by Mathew Woodwell from Oct., 1660, by Mr. John Ruck from Feb., 1651 and by Mr. Thomas Ruck time out of mind, at least twenty or thirty years, it having been laid out to Mr. Skelton about thirty-four years ago, the latter being the first possessor, per testimony of Capt. Wm.
* Autograph.
206
SALEM QUARTERLY COURT
[Nov.
Trask and Mr. Roger Conant. (See Law book, page 65, titled possession, and page 81, title witness.) That the evidence says that the lots from John Sweet's upward and downward, the land in question, is one of the next lots upward, but it is indeed the very next lot. That if it can be proved that the land is defendant's by any agreement made with the plaintiff, he answers that no aliena- tion of land is good in law except under hand and seal, delivered, acknowledged and recorded or possession given by turf and twig, and if any such thing be produced by defendant, the plaintiff must be silent. (See Law book, page 20, conveyances, deeds and writ- ings.) That trespass upon the land is proved by testimony of John Horn, Bartholmew Gidny and John Reevs.
Deed, dated May 27, 1664, Mathew Woodwell* of Salem, brick- maker, sold to John Pickering of Salem, about half an acre of land in Salem, which was part of that ground that said Woodwell's house now stands upon, and next to the South river side, partly within the fence and partly without, bounded on the north by a strip of land of Mr. John Rucke's that runs between it and a cove, and on the east and south by the South river and on the west by land of grantor. Wit : John Princet and Bartlemew Gedney.t Recorded in the records of Salem, June 6, 1664 by Hillyard Veren, f recorder.
Bill of costs of Capt. Price and company, 1li. 16s. 6d. in first action, and 2li. 1s. 10d. in the second.
Richard Davenport, aged fifty-eight years, deposed that, having lived many years in the town of Salem, from 1631 until 1643, it was the custom of the town to reserve, in the lots that bordered on the harbor or rivers, either North or South, two poles' length at the least between the ends of such lots and the bank of the high water mark. Deponent further said, concerning that land that was given to Mr. Samuell Skelton, sometime pastor of the church here, lying between the Governor's field and Jon. Sweet's, was by Sam. Skelton, jr., son and heir to the said Mr. Skelton, sold to de- ponent, and it contained about four acres. Deponent sold this land to Mr. Thomas Rucke of Salem, and it was accounted to be laid out as all other lots were, that is, two poles from the top of the bank inward for a common highway. Deponent also said that it was a very usual thing to make use of a highway along the South river side, and to that end there were stepping stones laid over a small creek which lay between the house of Jon. Sweet and that side of the land that was Mr. Skelton's. Sworn in court.
Wm. Hathornet deposed that it had been commonly said for nearly thirty years that there was a way of two rods broad upon the edge of the bank up the South river against Mr. Skelton's lot, and that for many years there was constant use of a way below the bank to the stepping stones, which was some rods above the dam. Sworn in court.
* Autograph and seal.
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