USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 22
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t Autograph.
207
RECORDS AND FILES
1664]
John Pickering and Jonathan Pickering v. Capt. Walter Price, Mr. Henry Bartholmew and John and Samll. Gardner, proprietors of the new mill. For damming up the channel or river below their land and hindering their coming by water to said land or improving it for a building place for vessels. Verdict for defendant .*
Walter and John Feirefeild, heirs apparent to the inheritance that was their father's v. Richard Coy. For withholding posses- sion of a dwelling house and lands, which was their father's. Ver- dict for defendant.t
Jefferie Massey, aged seventy-three years, deposed that for about thirty-four years, that "I haue bene in Salem there was a way betweene the lande that Mr John Ruck now liueth on and the river before his house and went to the Coue caled Sweets Coue and the way into the South feild was ouer the sd Coue and went alonge vnder the banck vntill we com to a place comonly known by the steppinge stones where we went ouer the Riuer and furth" that since I haue bene imployed in layinge out lande for the towne which is now as I take it about 30 yeares we were always carefull to reserue lande free for hie wayes." Sworn in court.
William Trask, sr., aged seventy-seven years, deposed that he was one of the lot layers about thirty-four years before, and was at the laying out of several of the lots in question, and there was no highway allowed at the water's edge, for the town at that time did not conceive that there was any need of a way by the water's side. The lots ran down to the river. Sworn, Nov. 29, 1664, before Simon Bradstreete.
William Allin, aged about sixty-two years, deposed that being an inhabitant in the town of Salem for the space of about thirty- eight years, etc. Sworn in court.
Roger Conant deposed that, being one of the first inhabitants of the town of Salem, and one of the lot layers, there was never a highway laid out there, etc. Sworn in court.
Writ, dated 11 : 9 : 1664, signed by Hillyard Veren,# for the court, and served by Samuell Archard,# marshal of Salem.
+Writ, dated Nov. 18, 1664, signed by Tho. Fiske,# for the court, and served by Samuell Archard,# marshal of Salem.
Richd. Coy's bill of costs, 19s. 6d.
Copy of record of Salem court of 29 : 9 : 1660, in division of Fayerfield estate, made by Hillyard Veren,# cleric.
Lease, dated 24 : 3 : 1658, given by Peter Palfrey§ of Reding to Richard Coy§ of Ipswich, of the dwelling house and farm, late of John Fairfield's, and last in possession of Wm. Geare, partly in Wenham and partly in Ipswich, for eight years until July 21, 1666, which will be when Benjamin Fairfield, with the rest, shall #Autograph. §Autograph and seal.
208
SALEM QUARTERLY COURT
[Nov.
Peeter Duncan v. Mordecaie Creford. Debt. Verdict for plaintiff .*
by their father's will possess it, said Coy paying 50s. for the first year and 5li. per year afterward, half in wheat and half in Indian corn. The grain was to be delivered within one quarter of a mile of the Salem meeting house, and whatever building or fencing was added by Coy, he was to be allowed for it. Wit : Tho. Fisket and Antipas Newman.t
Richard Hutton, aged about forty years, deposed that he was present when a bargain was made between Richard Coye and Walter Fairfield for one third of the farm, and it was agreed that for his third part which he hired of said Coye, only some small matter which said Coye reserved, the said Fairfield agreed to pay ten pounds upon the account of rent then due, etc. Sworn in court.
Copy of will of John Faierfeild taken from Salem court files by Hillyard Veren,t clericus.
Thomas Fiske, aged about thirty-four years, deposed that being in company with Walter Fairefield and Richard Coye, etc. Sworn in court.
Plaintiff's declaration : John Fayerfield, their father, about the year 1646, died seized of certain estate, the housing and land being left to them by will, their mother to have only a certain right to the use and occupation of the housing, but not to dispose of it or to have the profits of it for any set term of years. As his wife was "the most trusty friend that he Left in the world," she was given the care of the estate, but the plaintiff's "fathers fatherly Care of his fatherles Children was such that if his wife ware about || to || dispose of her selfe in marriag that then before it should be solemnised our father did require his wife" to give security, etc. If Paulfry had a seeming right to the inheritance while their mother lived, it could not continue after she died, and he had broken the will to the plaintiff's great damage, so that Paulfry had no right to lease the estate to the defendant. When the will was made the life of his wife and also of Benjamin was uncertain. The plaint- iffs assert that they are now of age and the property should be divided according to the intent of the will.
*Writ : Mr. Peter Dunckan v. Mordecay Craford; debt; dated 23 : 9 : 1664; signed by Hillyard Veren, t for the court; and served by the constable of Salem. Georg Roppes,t constable, and John (his mark) West. Wit : Elias Mason and Gilles (his mark) Aley.
Bond dated Mar. 18, 1662-3, Mordica (his mark) Creford of Salem to Peter Duncan of Glocester, for 44li., to be paid in fish at Boston or Gloucester. Wit : Antho. (his mark) Daye and Alexr. Wille.t
Mr. Duncan's bill of cost, 1li. 16s. 6d.
t Autograph.
209
RECORDS AND FILES
1664]
Richd. Ober v. Samll. Walton. For withholding his chest and wearing clothes. Verdict for plaintiff .*
Samuell Walton v. Richard Ober. Non-performance of a fish- ing voyage.t
*Writ, dated 11 : 9 : 1664, signed by Hillyard Veren,# for the court, and served by Nickles Merrett,¿ constable of Marbellhead. Nathanell Walton gave bond.
Declaration of Richard Ober : That "for want of my Clous I ware not Able for to goe to seay by which meanes the Boat was foursed to Lay Ashore to thare great damag whieles Another boat in the maine tyme went to seaye and Cast twenty Cantells or thare About of fish whare of the quarter part is my damage."
John Meager testified.
Willm. Bartoll deposed that being master of a voyage and seeing the boats as they came in, etc. Nicholas Meritt also deposed. Sworn in court.
Robert Bradford, aged thirty-two years, deposed that Lot Con- ant asked him to tell Richard Ober, if he saw him, to make haste away, and deponent met him at Boston and asked him why he did not make haste for Samll. Walton depended upon him accord- ing to promise. If Walton had shipped another man deponent was sure he would have heard of it, because they were neighbors, always going between each other's houses. Sworn in court.
Thomas Harve and John Meager deposed that Samll. Walton acknowledged before them that he was to send a note to Richard Ober as to whether he would take him or not, but did not send it. Sworn in court.
Richard Ober's bill of costs, 2li. 3s. 6d.
Richard Thistle, aged about twenty-two years, deposed that Richard Ober, being at Marblehead before he sent his chest and clothes by Thomas Dod, did ship himself with Samuell Walton for this voyage, and was to give the same for the boat hire as de- ponent gave. Ober was to give for stage room as Samuell Walton gave and was to send his clothes over to Marblehead the next second day, etc. Sworn, 24 : 9 : 1664, before Wm. Hathorne.
John Meager, aged twenty-six years, deposed that he, being at Marvellhead with Thomas Harve in his boat which came on pur- pose for the clothes of Richard Ober, went with Thomas Harve to the house of Samll. Walton and demanded the clothes. Wallton refused to give them up, declaring that Walton had agreed to go to sea with him, and he did not intend to give them up unless the law required him to do so. Sworn in court.
Thomas Harve deposed that John Meager and Robert Skamp eame, etc. Sworn in court.
+Writ, dated 18 : 9 : 1664, signed by Hillyard Veren,¿ for #Autograph.
210
SALEM QUARTERLY COURT
[Nov.
Mordecaie Creford v. Mr. Will. Browne, Samll. Archer and Edward Woollen. For coming aboard his bark and carrying her away. Verdict for plaintiff. Appealed to the next Court of Assistants. Said Browne and Peter Duncan bound. John and Samuell Gardner, in behalf of Mr. Browne, withdrew this appeal .*
Mordecaie Creford v. Mr. Will. Browne and Samll. Archard. For seven or eight qu. of fish taken away and disposed of illegally and no account given. Verdict for defendant.t
the court, and served by Nickles Merrett,¿ constable of Marbel- head.
*Writ : Mordecaie Creford v. Mr. William Browne, sr., Samuel Archard, sr., and Edward Woollen; for coming aboard his bark where she was moored, taking her away with several goods and writings and turning said Mordecaie and his company ashore; dated 23 : 9 : 1664, signed by Hillyard Veren,# for the court, and served by Nath. Pickman,¿ constable of Salem, who arrested Mr. Browne and Samuell Archard, and attached the house of Edward Woollen.
+Writ : Mordecaie Creford v. Mr. William Brown, sr., and Samuell Archard, sr .; for fish which he had in his bark, shipped aboard for the use of Capt. Thomas Savage, taken away and dis- posed of by them illegally and no account given; dated 23 : 9 : 1664; signed by Hillyard Veren,# for the court, and served by Nath. Pickman,¿ constable of Salem, who arrested the defendants.
William Browne's receipt to Mordecay Creford, for 72li. 11s. 1 1-2d., dated 27 : 3 : 1662, and received by Capt. Thomas Savag. Copy made by Hillyard Veren,# cleric.
"And pleas your honred Cort to tak it in to Considrasion what dameg it is to tak a way a man Ritings had I had my Ritings Captan Savges would not a proseqeted me be sids bills thar was of a grat sum which is to my grat Los."
Mordica Creford's bill of charges, 2li. 1s.
Thomas Savage, aged about fifty-seven years, deposed that being at Salem about the beginning of the year 1662, Mordica Cravet informed deponent that Mr. William Brown had attached his fish and carried away his bark and fish to the said Brown's warehouse. He further told deponent that he was not in Mr. Brown's debt any considerable amount, and deponent told him that he did not believe Mr. Brown would wrong him. At Cravet's request, deponent went over the accounts with Mr. Browne, the balance was found and both seemed satisfied, etc. Sworn in Boston, 26 : 9 : 1664, before Edward Tyng,# commissioner.
John Taply, aged about twenty-six years, deposed that for want
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211
RECORDS AND FILES
1664]
John Hoare, attorney to Danyell Hoare, sometime partner with Leift. Cook v. Leift. Richd. Cook. For a true account of what he had received and when and how he improved the estate in partnership. Withdrawn .*
John Hoare, attorney to Dayell Hoare v. Leift. Richd. Cook. For dividing certain houses and lands and other estate in partner- ship. Withdrawn.t
of supplies from Mordika Craford "with his bark, grapells and Rods that he was to bring to us at damras Cove we war forsed to ly still when other botes went out and Lodid with fish which was to his grat dameg." Sworn in court.
Samuell Archard, marshal, deposed that he served two attach- ments, one on Mr. Browne and one on Mr. Batter, and attached 108 1-2 quintals of fish, which deponent weighed and laid it in Mr. Browne's warehouse chamber. Brown and Batter had 106 quintals, of which 11 quintals were appraised to Mr. Batter at 25 ryalls a quintal in the year 1662. Sworn in court.
John Green, aged about nineteen years, testified that when the marshal attached his master Mordek Craford's bark, he sent deponent "abord for his Ritens and thay would not let me have them and I put them Ritens in to a Stoken in his Chest and i did not to my Remembrenc never se them sence." Sworn in court.
Robart Larencs, aged about twenty-eight years, deposed. Sworn in court.
Richard Honyewell, aged about fifty years, and John Taplye, aged about twenty-five years, deposed that at Damros Cove in May, 1662, Mordyechye Cravett received between seven and eight score quintals of fish which was the product of the voyage and shipped aboard the bark for the use of Captayn Thomas Saeveig. They further deposed that keeping the bark in Salem harbor pre- vented the company at Damros Cove from getting supplies, etc.
*Writ : John Hoare of Concord sometime partner with Richard Cooke v. Leift. Richard Cooke of Boston; for a true account of what he received and when, how improved the estate in partner- ship since they last made up their accounts in 1653, as appeared under both their hands, and for full proof of the account given under the hand of said Richard on 3 : 10 : 1663, that it may appear what is due Daniel Hoare and Richard Cook, etc .; dated Nov. 24, 1664; signed by Samuel Green,¿ for the court; and served by Rich. Wayte,¿ marshal of Suffolk, by attachment of the dwelling house, stable and land of defendant in Boston.
+Writ, dated Nov. 24, 1664, signed by Samuel Green,# for the court, and served by Rich. Wayte,¿ marshal of Suffolk, by attach- ment of the dwelling house, stable and land of defendant in Boston.
¿Autograph.
212
SALEM QUARTERLY COURT
[Nov.
John Hoare, attorney to Daniell Hoare v. Leift. Richd. Cooke. For not performing articles of agreement, etc. Withdrawn .*
John Hoare, attorney to Danyell Hoare v. Leift. Richd. Cook. For withholding a debt due by bond. Withdrawn.
Francis Wainewright, assignee of Gilbert Mudg v. Joseph Davis. Debt. Defaulted. But by consent of the parties, it was referred to the bench, who gave judgment for the defendant.t
*Writ, dated Nov. 24, 1664, signed by Samuel Green,# for the court, and served by Rich. Wayte,¿ marshal of Suffolk.
+Writ, dated 8 : 8 : 1664, signed by Robert Lord,# for the court, and served by Robert Lord,¿ marshal of Ipswich.
Francis Wainewright,# on Nov. 29, 1664, made Robert Lord, sr., his attorney in this action. Acknowledged before Daniel Denison.Į
Bond, dated June 21, 1661, Joseph Davist of Keterey to Gelbard Muge of Iles of Shooles, fisherman, for 9li. in good tight barrels at price currant. Wit : Willm. Croscomt and John Titherly.# Ac- knowledged, Oct. 10, 1664, by John Titherly before Daniel Deni- son .¿ Gilbert (his mark) Mudge, on Oct. 8, 1664, assigned this bill to Francis Wainwright. Wit : Robert Lord.
Samewell Davis, aged about twenty-eight years, deposed that Josefe Davis delivered a parcel of barrels to Richard Smith and John Parker, which barrels Gillbard Muge gave Mistress Michell order to receive of said Davis, said Smith and Parker being ser- vants of Mistress Mitchel. Sworn, Nov. 28, 1664, before Simon Bradstreete.#
Receipt, dated Aug. 17, 1661, given to Joseph Davis by John (his mark) Parker and Richard (his mark) Smith, for the barrels. Acknowledged before Daniel Denison.#
Richard Smith, aged about thirty years, deposed that Gilbert Muge appointed Mrs. Sarah Mechell to receive a parcel of casks of Joseph Davis, and she received six tun of tight barrels, deponent living with her at that time as a servant. Further, he and one John Parker brought the casks from said Davis' shop and gave receipt in their mistress' name, and deponent also brewed the beer that was put into the casks in the year 1661. Sworn, Nov. 29, 1664, before Daniel Denison.
Thomas Davis deposed that he heard John Cookit say that Gellbard Muge, etc. Said Cookit was about twenty-three years of age. Sworn, Nov. 28, 1664, before Simon Bradstreete.}
Jeramiah Balcher, sr., and Robert Lord, marshal, deposed that they heard Geilbert Mudge own that he had two bills of Joseph Davis, one 8li. and the other 9li .. both for one debt, and that he had received two tun of casks upon the bill of 9li. when the Sli. bill was due, etc. Sworn in court.
#Autograph.
213
RECORDS AND FILES
1664]
Jon. Todd v. Robt. Swan. Review. Concerning a parcel of land. Nonsuited .*
Tho. Bloomefeild v. John Todd. Review of an action of six pounds tried, 29 : 7 : 1663, at Ipswich court. Verdict for plain- tiff.t
John Jemson, aged about twenty-four years, deposed that he was an apprentice to Joseph Davis in the year 1661, etc. Sworn, Nov. 28, 1664, before Simon Bradstreete.}
*John Todd of Rowley v. Robert Swan; review, concerning a parcel of land lying on Marimake river on the south side in Rowley, the title of which was tried at Ipswich last March; dated, Nov. 24, 1664; signed by Tho. Leaver,¿ for the court; and served by Stephen Kent,# constable of Haverell, by attachment of house and land of Rob. Swan, the land being adjoining and mostly broken up, consisting of twenty-two acres.
+Writ, dated Nov. 22, 1664, signed by Anthony Somerby,# for the court, and served by Tho. Mighell,# deputy constable of Row- ly, by attachment of the brew house of defendant.
Thomas Blomfield's plea : First, that he was arrested for a debt to John Tod, but nothing appeared on the latter's books. Second, that according to the books, the debt was charged to Richard Singletary, who should be sued for the amount instead of himself. Third, that even if Anthony Austin said he was engaged to pay it, the evidence of one man ought not to be sufficient to take away a man's estate, which would be contrary to law on the first page. Fourth, that Austin's evidence that the cloth was delivered to him was a mistake, for John Tod laid it upon his horse and he was forced to carry it to Ipswich because Richard Singletary was sick, and disposed of it according to Singletary's appointment. Fifth, that Mr. Tod had two young heifers, which were both with calfe, etc.
Answer : First, that he was arrested for what he was engaged as per testimony of Anthony Austen and Richard Singletary. Second, that the book showed canvas delivered, etc. Third, one evidence is sufficient. Fourth, the cloth was delivered to Bloom- field, who brought it to Ipswich and with it redeemed his son out of prison, and Richard Singletary did not return to Ipswich but went away home. Fifth, both were engaged to pay, and John Tod was suing him for only one-half, Singletary having satisfied for his part. "It is too much Ingratitude for Tho. Bloomfield soe ill to requite the sayd Tod for his loue."
Thomas Blomfield's bill of cost, 3li. 9s. 6d.
Wm. Chandler, aged forty-eight years, deposed that on Sept. 29, 1663, Thom. Blumfeild owned the debt to John Tod and said it should be paid and if the latter would not enter his action, he
#Autograph.
214
SALEM QUARTERLY COURT
[Nov.
John Godfery, attorney to John Todd v. William Nicholls. Debt, for divers years. Verdict for defendant .*
would pay him in the spring. Sworn, Sept. 28, 1664, before Daniel Denison.t
Robert Lord, marshal, deposed that he took upon execution from Thomas Blomfield two heifers which were valued at 7li. 10s., and de- livered them to John Tod on account of the canvas. Sworn in court.
Copy of Ipswich court records, Sept. 29, 1663, in foregoing action made by Robert Lord,t cleric.
Writ : Mr. John Tod v. Thomas Bloomfield; non-payment of six pounds due for a parcel of canvas for the use of Jonathan Singletary; dated Sept. 22, 1663; signed by Richard Littlehale, for the court; and served by Robert Lord, marshal of Ipswich. Copy made by Robert Lord,f cleric.
Anthony Austone deposed that Richard Singletary and Thomas Bloomfield came to John Tod's house for some goods to redeem their son Jonathan Singletary out of prison, and Todd delivered to Thomas Bloomfield a hundred odd yards of canvas, which the latter took away, both promising to pay Tod for it. Sworn in Ipswich court, Sept. 29, 1663, before Robert Lord,t cleric. Copy made, Feb. 2, 1663, by Robert Lord,ț cleric.
Anthony Austine, aged about twenty-eight years, deposed that he asked Thomas Bloomfield to whose account the canvas was to be charged, and he replied that it did not matter, and deponent, having Singletary's account ready at hand, charged it to him. Sworn, Nov. 29, 1664, before Daniel Denison.t
John Severanc deposed.
Richard Singletary, aged about seventy-two years, deposed that they took 12li. worth of canvas and both engaged to pay John Tod. Sworn, Nov. 26, 1664, before Daniel Denison.t
Robert Lord, jr., deposed that he was at Mr. Willson's when Richard Singletary and Thomas Bloomfield were there to see about redeeming Jonathan out of prison. Deponent had part of the goods for fees and the rest was delivered to John Godfry and the keeper of the prison, etc. Sworn in court.
John Godfre and Jonathan Singltary deposed that John Tod told them that Richard Singletary and Goodman Blomfield were "able men both & I look only to goodman Singletary," etc. Sworn in court.
*Writ, dated Nov. 19, 1664, signed by Robert Lord,t and served by Robert Lord,t marshal of Ipswich, by attachment of two yearlings of defendant.
Robert Lord, marshal, testified that Wiliam Nickols owned that he owed John Todd 44s., and John Godfre testified to the same. Sworn in court.
tAutograph.
215
RECORDS AND FILES
1664]
John Godfery v. John Kenrick. Debt due by the forfeiture of a bond. Verdict for plaintiff. The bench moderated the for- feiture of the bond, which was to be paid in wheat at 4s. 6d. per bushel .*
Letter of attorney, dated Oct. 8, 1664, given by John Toddt of Rowley, merchant, to John Godfrey. Wit : Anthony Austinet and John Cheney, sr.t Acknowledged by John Cheney, sr., 30 : 9 : 1664, in court.
"Goodman Nicholls after thr prsentment of my loue vnto you, these are to desire you to pay m" Corwin, forty fower shillings upon the accot of m' Deane of Andever pray faile not : yor Loveing frend
"John Tod. "t
"you may pay it in corne or porke I pray faile not for it will ocasion sute, & that wil be to yor || damage yf you || doe not pforme."
The foregoing was a copy of a note presented to the court at Salem, 1 : 10 : 1664, but being so much broken, was not thought fit to be left in the court records. Copy made by Hillyard Veren, f cleric.
Thomas Wilkins, Hanna Nichols, Margerett Wilkins and John Wilkins deposed that they heard John Godfry say that Goodman Nichols carried in the pay like an honest man to Capt. Curwin and that he would not have him pay Goodman Tod anything for he would free him from the debt both to Goodman Tod and the debt from himself.
Wm. Nicholls' bill of cost, 1li. 10s. 6d.
Anthony Austine, aged twenty-eight years, deposed that the following was the account between Goodman Tod and William Nickolls of Salem : William Nickols' account, 12 : 12 : 1660, to exchange of a horse, 15s., and to a rug, 9s., total, 2li. 4s. Sworn, Nov. 29, 1664, before Daniel Denison. t
John Kitchin deposed at Salem, 1:10 : 1664, that about two years ago, William Nicoles brought a quantity of pork to Salem which he said was to pay Captain Corwin for John Godfry, but Capt. Corwin would nor receive it. Therefore said Nicoles de- sired deponent to go with him to said Godfry to see if he would receive it himself, and finding him at Mr. Gedne's, Godfry also refused it. Sworn in court.
*Writ, dated Nov. 21, 1664, signed by Robert Lord,t for the court, and served by Robert Lord, t marshal of Ipswich.
Daniel Denison'st receipt, dated May 16, 1664, to John Ken- ricke upon account of John Godfery for several parcels of cooper's tools to the value of twenty-five shillings.
Bond of John (his mark) Godfry of Andover, dated June 21, 1662, whereas John Kindrick of Ipswich delivered to him 12li. 10s. in tAutograph.
216
SALEM QUARTERLY COURT
[Nov.
Capt. Walter Price, Mr. Henery Bartholmew and John and Samuell Gardner, partners in the new mill in Salem v. John Pick- ering. For damage done to them. Verdict for plaintiff .*
English goods and cask to satisfy several executions obtained by Job Tyler before Mr. Samuell Symonds, also at Salem court and before the Major Genll., said Godfry bound himself to make so much received upon the back side of a bond he had in his hand of his for the payment of wheat, etc. Wit : Robert Lord, sr., t and Robert Lord,t marshal.
Anthony Somerby, aged fifty-four years, deposed that about May 27, 16-, Goodman Cheny and John Godfry came to him about a bond that was in John Godfrye's hands of 33li. due from John Kenrick to him which was to be paid in wheat at 4s. 6d. per bushel, said Godfry agreed that if Goodman Cheny would engage for it that said Kenrick should have the said sum another year, deducting 12li. 10s. Deponent added the interest to the bond for another year as John Godfry took of others, but Godfry desired Cheny to give in a writing that he gave him upon the way as they went together, but Cheny said he had left it at home. He said he would bring it to deponent but he did not, and deponent thought he had made the bond aright, but when Godfry came he would not accept it, saying it was but a year's time since the 12li. 10s. were paid and as he supposed it was a year and three-quarters, yet Goodman Cheny still preferred him to engage to pay him what was found to be due him or what Kenrick and he agreed upon. Whereupon John Godfry replied, "Goodman Cheny do you thinke to take aduantage upon me by this no saith hee, I doc not, but I will giue you security for it if you will or else you may take your course John." Sworn, Nov. 28, 1664, before Daniel Denison.t
John Godfre had a pair of shoes of Tho. Clarke of Ipswich upon the account of John Kendrike, 5s. 6d., and a paile for Job. Tiler, 2s.
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