USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 25
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Robert Andrews v. The constable of Rowley. Trespass upon replevin. Verdict for defendant.t
such a snare for her child, tho he never had peny of him while he lived," etc. Sworn, Mar. 30, 1665, before Daniel Denison.}
Mathew Boyest of Leeds, Yorkshire, aged about fifty years, deposed that Mr. Ezekiell Rogers told him that if Ezekiell proved a godly man and pleased him, he would give him one-half of his: land in Rowlay. Sworn at York, Jan. 16, 1661, before Rich. Etherington,¿ one of the Masters in Chancery.
*John Dodge deposed that John Haskell asked him if he thought. her friends would be willing and deponent said he thought so if he and his friends desired it. He still came to see her, whereupon de- ponent told him that he was a transgressor of the law in coming to her without her friends' consent. He answered that he had spoken to his father and he promised to go down to her father, etc. Sworn in court.
deposed that John Haskell, coming to his house as he was going to Goodman Procter's, asked deponent if he knew how Martha Procter did, and he replied that she was well so far ashe knew. Haskell said that her brother Dodgetold him that he had carried her away and that she was nearly distracted for him. Deponent said "Have you made her any promise in way of marriage? he answered noe I did but jest with her, as I might with any other maid." Further deponent wished him by all means to go to her, for he thought she would make him as good a wife as any daughter Goodman Procter had. "Nay," said he, "if my father thought she would prove noe better then his daughter Sarah Procter, he had rather give her 100 pound then that I should match with her." Sworn in court.
On the reverse of foregoing paper: "Bro. Jno. Giddins these."
+Writ of replevin, dated Mar. 23, 1664-5, to deliver a black two year old heifer to Robard Andros, sr., distrained by the constable of Rouely, signed by John Redington,# for the court. and served by Isack Estey,¿ constable of Topesfeld.
Isack Estey'st receipt, as constable of Topsfeld, to Robart An- drws, sr., for the country rate for 1664.
Agreement, dated Jan. 18, 1653, between Joseph Jewettţ of Rowley and Thomas Dorman, Willeam Emanes, Thomas Houlat and Frances Paybody of Topsfeld, for a parcel of land in Rowley in a village lately agreed on by the town of Rowley, which said
# Autograph.
236
IPSWICH QUARTERLY COURT
[Mar.
Zacheous Gould v. The constable of Rowley. Trespass upon replevin. Verdict for defendant.
Jonas Gregory v. John Leigh. Unjust molestation and false imprisonment. By commencing two actions against him and not prosecuting. Verdict for plaintiff. John Leigh appealed to the next Court of Assistants. John Leigh and Joseph Armitage bound.
John Tod v. John Remington. Debt. Verdict for plaintiff.
Abraham Fitt v. Symon Tompson. For not performing his promise. Verdict for defendant .*
Jewett sold to them for 70li. to be paid at Jewett's house in Rowley in corn or cattle, etc. Wit: Jerimiah Jewettt and John Tod .¡
*Writ: Abraham Fitt v. Symon Tompson; for not performing his promise he made to him in drawing him away from Salsbury to come to dwell in this town, viz., that if he would come he would give him forty pounds in the purchase he had bought; dated Mar. 20, 1664; signed by Robert Lord,t for the court; and served by Robert Lord,f marshal.
"In satisfaction of the forty pounds I promised Abraham Fitte in consideration of his marriage with my daughter I tender to him the foure Cowes and six sheepe which he hath long since received. Also to acquitt him of two years rent due to me for the Land he had of mine before he made his bond of five pound a yeare. And if it shal be judged by indifferent men that the sd cattle and rent fall short of forty pounds I tender further to abate so much of the rent due to me since by his bond or bill, which he hath yet in his hand as shall in the judgment of the sd men fully make up the sd forty pounds."
Simon Tompson's bill of cost, 1li. 8s. 8d.
Agreement, dated Jan. 30, 1656, between Symon (his mark) Tompson and Abraham Fitt, his son-in-law, that Abraham should pay one-half of the purchase of the house and land, in which he now dwells, which said Symon bought of Humphry Griffen; that Abraham should pay to Symon five pounds per year during the term of his natural life and four pounds per year to Rachell, his wife, in case she survive, during her natural life; that if Abraham could pay part or all the purchase price, then all or part of the rent to be taken off proportionable to so much as is paid, provided also that in case he do not purchase it, but comes to him by gift of the said Symon, then it was to be given to the issue of the said Abra- ham and Sarah, his present wife. Wit: Robert Lord and Esaiah Wood. Copy made, Apr. 30, 1666, by Robert Lord,t cleric.
Robert Lord, aged about sixty-two years, deposed that he went with Abraham Fitt to the house of Symon Tompson to get the forty pounds promised if he would come from Salsbury where said
+Autograph.
237
RECORDS AND FILES
1665]
John Pickering v. Capt. Walter Prise, Mr. Henry Bartholmew, Mr. John and Samuell Gardner. Review. Verdict for defendant.
Richard Kent v. John Emry. Replevin of a young mare. Ver- dict for plaintiff .*
Abraham was then settled. Thompson denied that he made the promise, but said he would pay if he saw sworn testimony. The latter also was present when deponent's brother Fitt and his wife gave their testimony, and at first said it was false, but later return- ed and said it was true. Sworn in court before Daniel Denison.t
Robert Fitt and Grace, his wife, testified that their son Abraham was well settled in his house at Salisbury, when Tompson desired him to go to Ipswich to live, and also suggested to them to go also and to help him in the purchase, etc. Sworn, Dec. 15, 1664, before Samuel Symondst and Daniel Denison .; Recorded, Dec. 22, 1664, in the second book, folio 217, by Robert Lord,t recorder.
Isayah Wood testified that he heard his uncle Fitt say to his father Tomson, "brother tomson: if gm griffin will sell his house and land I pray you buy it for mee and my son: and we will com and purches it: and dwell upon Itt." Sworn in court.
Elisebeth Sherod deposed that she heard old Goodman Fitts ask her husband Griffin if he would sell his house and land and he answered if he had a good chapman, he might sell it, etc. Sworn, Mar. 20, 1664, before Daniel Denison.t
Henry Short testified that he gave his consent to his brother Tompson to make use of his sister's portion and also sent him between forty and fifty pounds out of his own estate to enable him to pay Humfery Greffin. Sworn in court.
John Severanes and John Stevenes deposed, 20 : 11 : 1664, that they were at the house of Robert Feates about eight or nine years before, when the promise was made, etc. Sworn, Mar. 25, 1665, before Daniel Denison.t
*Writ of replevin, dated Nov. 25, 1664, to deliver a mare, taken up by John Emery, to Richard Kent, signed by Daniel Denison, t for the court, and served by Wm. Chand[ler], ¡ constable of New- bery.
Richard Kent's bill of charge, 4li. 4s.
Copy of depositions of Thomas Blomfield, Daniell Thurston, Frances Plumer and William Neafe, sworn in Ipswich court, Sept. 27, 1664, made by Robert Lord, t cleric.
Copy from the book of records for strays, taken Sept. 28, 1664, by Robert Lord,t cleric: "There is a stray bay mare about two yeare ould foure black feet a black maine & black tayle taken up by John Emery of Newbury the 18th (12) 63 prised by Daniell Thurston, John Bond, & Thomas Bloomfield at six pound."
t Autograph.
.
·238
IPSWICH QUARTERLY COURT
[Mar.
Sammuell Sayer, aged about eighteen years, deposed that he was often at Goodman Emeryes and noticed that the colt had New- bery brand mark on him before Emery took him up the first time, and the latter kept the colt in his barn two or three days, etc. Sworn in court.
Willia. Lovering, constable of Rowley, testified that he cried a young mare for John Emery, etc.
John Pike* testified, Oct. 25, 1664, that John Emery asked Richard Kent whether he would pay him 3li. 10s., of the bill accord- ing to Rich. Dole's tender, and he said he would, etc. This was concerning the agreement at Ipswich court. Sworn, 30: 1 : 1665, before Wm. Hathorne .* Willyam Elsly testified the same.
Richard Dole deposed that Richard Kent paid him the 3li. 10s., etc. Owned in court by John Emery.
Jane Kent could testify upon oath that she went to Goodman Blomfill to get him to go with her to Goodman Emery's to give him 3li. 10s. for the colt. Emery said, "you doe not ow me so much doe you: yes saied I we ow you so much for the colt doe we not: his answer was he was to have his choice and he would have halfe the colt: I objected what if the colt be to seecke and his answer was his fockes saied he was at plom Iland: I saied it was moore then we knew and I saied for the ten shillings you have som part in your hand and we will pay you the rest in beefe if you please I said you have put my husband to a great deale of charg and have not inricht your selfe. I told you my husband wold satisfie you for what you ware out with the colt: ay saied he you saied so but you did not doe it: my answer was how could we and you wold not tell vs what it was."
Plea of John Emery, sr .: That the case was not triable, not being stated according to law in cases of replevin, as on page 69 of the law book, as every man has liberty to replevin, page 83; that his indictment was for taking up a colt, which is legal, and not being indicted for breach of any law, there was nothing to answer; that he had other colts that he might have levied the replevin upon as well as upon the stray; that if Kent had proved the colt his and given satisfaction for expenses, as per law book, page 73, he might have had the colt long ago, etc.
Plea of Richard Kent: That among other horses and colts that sometime fed upon Plumb Iland, there was a bay mare colt, which came of a mare which he sold to his brother John Kent; that in Feb .. 1663, the colt came away unknown to him, and thinking that he was still at Plumb Iland, denied it to be his, but later found out the truth and demanded him of John Emery; that plaintiff desired John Plumer to speak to defendant; that notwithstanding the settlement at the last court, the colt was afterward taken up near Benjamin Roafe's house and kept secret for a time and a withe put upon her for a stray, etc.
*Autograph.
239
RECORDS AND FILES
1665]
Capt. Walter Barfoote v. Anthony Ashbye. Debt. Verdict for plaintiff .*
Mr. Anthony Crosbye v. Tho. Nellson, John Brocklebanke, Sam. Platts and Lenord Hariman. Verdict for defendants.t
Mr. Anthony Crosbye v. Robert Swan. Verdict for defendant.#
*Anthony Ashby§ of Salem, Sept. 14, 1663, acknowledged a debt of 3li. 10s. to Walter Barefoote of Boston, to be paid on or before Sept. 29, in boots or shoes. Wit: Hen. Greenland§ and John Williams. §
Henery Greenland's bill of cost, as attorney to Capt. Walter Barfoot, 2li. 2s. 8d.
Walter Barefoote|| of Dover, Mar. 23, 1664, gave letter of attorney to his loving friend Henry Greenland. Wit: Tho. Wig- gins and Samuell Wintworth.§
Job Clements testified that Capt. Barfoote sent this letter of attorney to Mr. Henry Greenland by him. Sworn in court.
¡Writ: Anthony Crosbie v. Selectmen of Rowley; for refusing to lay out, or to show if already laid out, sixty-seven acres of land commonly called Rowley village, being the right of an acre and a half lot formerly belonging to Mr. Thomas Nelson and sold by Mr. Dummer, executor to Mr. Nelson's estate, to John Palmer, who sold to John Mighill, and by the latter sold to said Crosbie; dated 23 : 1 : 1664-5; signed by Tho. Leaver, § for the court; and served by Richard Swan, § constable of Rowley.
Bill of cost for the town of Rowley, witness fees of James Bayley, John Dreser, James Dickinson and John Brocklebanke, etc., 2li. 18s. 6d.
ĮWrit: Mr. Anthony Crosby of Rowley; for not making good the right of three lots according to a deed of sale from Swan to Crosby, namely, two hundred acres, being the right of his father, Swan's own home lot, and the other sixty-seven acres, being the right of one acre and a half lot formerly belonging to Thomas Miller; the other sixty-seven acres belonging to one acre and a half lot formerly, belonging to Thomas Lilford, which land was to be laid out in the tract commonly called the village of Rowley; dated Mar. 25, 1664-5; signed by John Carleton, § for the court, and served by Stephen Kent,§ constable of Haverell, by attach- ment of the house and lot of Rob. Swan, all the land adjoining, the frame of a barn and fifteen acres of land on the other side of the highway near his house.
Robert Swan's bill of cost, 2li. 6d.
Deed, dated Feb. 4, 1661, John Palmer|| of Rowley sold to John Mighill of Rowley the right of one acre and a half lot in the village land, which he purchased of Mr. Thomas Nelson's estate, etc. Wit: John Carleton§ and Willia. Lawe.§ On Feb. 4, 1661, John
§ Autograph.
||Autograph and seal.
240
IPSWICH QUARTERLY COURT
[Mar.
John Attkinson v. John Godfry. Slander. Verdict for plaintiff.
Fran. Wainwright v. Thomas White. Debt. Defendant ac- knowledged judgment to plaintiff.
Robert Lord, jr. v. Jo. Godfry. Debt.
John Griffing acknowledged judgment to Mr. John Paine.
Mighell* assigned this deed to Mr. Antoni Crossbee. Wit: John Carleton* and Ezekiel Northend .* Acknowledged, Mar. 29, 1665, before Daniel Denison .*
Copy of deed, taken from Ipswich court files Mar. 1663, made Mar. 23, 1664, by Robert Lord,* cleric.
Records of the General Court held at Boston, May 22, 1650: that Mr. Richard Dumer of Rowley, executor, had sold to John Palmer of Rowley, on Oct. 20, 1647, one house and house lot lying next to Manning's farm, and three acres of rough marsh near Sandy bridge, two acres of salt marsh, two cow-gates and one-half, etc. Wit: Maxi (his mark) Jewet. Copy of a copy made by Edward Rawson, secretary. The court confirmed Mr. Dumer's right to act for Mr. Nelson's estate in this action, upon request of John Palmer.
Copy of depositions of Samuel Brocklebank and Ezekiell North- end, taken from Ipswich files, Mar. 31, 1663, made by Robert Lord,* cleric.
Jonathan Plats, aged about thirty-four years, deposed that he viewed the 400 acres, in company with John Pickard, Ezekiel Northend and Abraham Jewet, etc. Sworn in court.
Samuell Brocklebanke and James Bayley testified that they were present when the lot-layers bounded the 700 acres, etc. Sworn, Nov. 10, 1664, before Daniel Denison,* and Samuel Symonds .*
John Brocklebanke deposed that at a town meeting the 24th of this present month, the lot layers were desired to go and show Mr. Crosbie his bounds, etc. Ezekill Northen said he would go, but if Jonathan Plats and Abraham Jewit went, he would not stir a foot. Sworn in court.
Abraham Jewett, aged about thirty years, deposed that Ezekiell Northend said that Pickard was not showing them the right bounds etc. Sworn in court.
Samuell Brocklebanke and John Dreser, sr., deposed that being present winter before last when land was laid out near Heseltine's meadow and Andever line, the lot layers told them that Mr. Nel- son's two thousand acres were laid out near that place and that John Dreser's lot bounded upon it. Sworn in court.
James Baly, John Dreser, sr., and James Dickinson deposed that at town meeting John Pickard held that the land was already in Mr. Crosbie's hand, and Abraham Jewet told him he lied and showed signs of great disturbance.
*Autograph.
241
RECORDS AND FILES
1665]
Nathaniell Addams acknowledged judgment to Mr. Robert Paine.
John Remington acknowledged judgment to Phillip Nellson and Jerimiah Jewett.
Mathyas Button acknowledged judgment in open court to Mr. Jewett's executors, Mr. Phillip Nellson and Jer. Jewett, in corn and cattle.
John Dow and Thomas Dow acknowledged judgment to Mr. Jewett's executors.
Thomas Joanes of Gloster was released from training, paying a bushel of Indian corn a year to the use of the company if they see cause to take it.
Mr. Henry Greenland, declaring what hindered him from prose- cuting his appeal, court accepted it, and ordered him discharged of his bond by payment of five pounds.
Will of Jonathan Witt of Lynn was proved and the executrix was to bring in an inventory to the next Salem court.
Will of Robert Kinsman was proved and inventory brought in. Robert Lord, sr., being named as executor in the will, did not accept it, but in open court renounced it.
John Acie, upon proclamation made and none objecting, was discharged of his bond for good behavior, as were also his sureties.
Anna Aniball, administratrix, brought in an inventory amount- ing to about 180li., clear estate. Court ordered that the estate remain in her hands for the bringing up of the children, and she was to pay to the eldest son, John Anaball, 20li., and 10li. each to the rest of the children, three sons and three daughters, at age, the land to be security.
Thomas Pinny was released from training, paying a bushel of Indian corn yearly to the use of the company.
Mr. William Steevens and Symon Tompson were released from training, paying 5s. a year to the use of the company.
James Moulton was released from training, paying six shillings a year to the use of the company.
Sargent Porter, having a long time served as sergeant in the company of Salem and now desiring to be discharged, the court left him to his liberty.
John Sorlah had his license renewed to keep ordinary and draw wine and liquors for a year, and Richard Longhorne also.
Capt. Paul White had his license renewed for a year to retail liquors by the quart.
242
IPSWICH QUARTERLY COURT
[Mar.
Mr. Moses Maverick had his license renewed to draw liquors for a year.
Moses Pengry, Mr. Baker and Mr. Swett had their licenses renewed for a year to keep ordinary, draw wine and retail liquors.
John Clements of Marblehead had his license renewed to keep ordinary for a year.
Frances Wainwright was licensed to retail strong waters by the gallon.
Andrew Peeters had his license renewed for a year to still and sell by the quart.
The treasurer was ordered to pay to Marke Bachelour, 9s. 7d., and to the widow Anaball, 5s.
Abraham Whitieker, for his contradictory testimony, was or- dered to be admonished and disabled for taking any oath for a year.
Daniell Black was sentenced to be whipped or pay a fine.
Martha Dirky, for fornication, was ordered to be whipped unless she bring a note from the treasurer, of three pounds paid to him.
Mr. Henry Greenland and sureties were released, he having been bound to keep the peace.
Daniell Epps, sr., affirmed that hearing of Mr. Vincent's sick- ness the Lord's day before he died, he went to his cousin Harris' house to see Mr. Vincent, and she told him that said Vincent was a very discontented man, which she thought was the great part of his siekness; that he was like a child, angry with everybody, etc. Deponent said he was probably very sick and weak, but she said it was only two or three days before that he ate as heartily of pork and pease as any man could. Also that that morning he desired to make a will and she told him that her Uncle Symonds was not at home. Deponent went up to see him and when he came to the bedside he asked him how he did and he replied that he might do how he would for all anybody. Deponent asked him why he said that "for knowing my Fathers care and desire of Mr. Vincents being comfortably prouided for tould him in my Fathers absence that he might send for anything was to be had in the Towne || upon my accompt || And therefore desired him not to trouble him selfe but assured him that he would be prouided for, my Cousen asked me when I came down how he did, I sayed he was a very weake man, my Cousens answered me they did not believe it for if any thing crossed him he would lye and kecpe his bed several dayes after, she tould me that he would be very angrie with the Chilldren and call them divells incarnat upon a small occasion, and what a wearicsome thing it was to my Couzen Gallope." She
243
RECORDS AND FILES
1665]
said further that she did not want him there more than a week or a fortnight longer, and he agreed when his father came home to settle the matter. Deponent asked her if there was any wine for him and she said no, for they had a quart of sack in the house and desired deponent to taste of it. Sworn in court.
Harlakinden S[ymonds]* testified that he told his cousin Harris that it was not because Mr. Vincent was not godly or religious, but he was irritable on account of his weakness and age, etc. Sworn in court.
Thomas Harris deposed that the day that Mr. Vinson signed the will, deponent asked him what was in the will and the letter of attorney he had given, and Mr. Vinson replied that he had given Mr. Simonds power to deal with Jno. Edwards about rent, and that there was nothing but that he could alter when he pleased. He further said that there was no deed of gift except what was in the will, and later desired deponent to make another will for him, but he refused.
Martha Harris and Hanah Gallop deposed. Sworn in court.
John Edwards deposed that he was at Thomas Harris' house about ten months ago and his master Mr. Vincent, with tears in his eyes, said he did not think Mr. Symonds was such a man as he had found him, for he would not let him see the writings. Mr. Vincent sent for deponent and told him not to pay anything to Mr. Symonds, for the latter had too much of his estate already and that he should not get a pennyworth of his estate, but it should go to those who had the trouble with him. He also told deponent to ask Goodman Lord to come to him to make another will. Sworn in court.
Hannah Gallop deposed that Mr. Simons told Goodwife Harris not to let him want for anything, and when she said that nobody but Goodman Bishop would trust them without knowing who was to pay for it, Mr. Simons said, "Why: should I lay it out of my Estate?" At these words Mr. Vincent was so much afflicted in his spirit that he continued sighing and weeping until his dying day. Sworn in court.
John Dane, aged fifty-two years, deposed that Mr. Vincent's grief over what Mr. Symons had done, had shortened his life. Sworn in court.
Daniell Epps deposed that sometime before his mother's death, he was at his father's, and his mother told him that Mr. Vincent had made a will and given all to deponent's father, except 20li. to deponent's sister Martha, 10li. to his cousin Harris and something to Goodman Edwards. They asked Mr. Vincent if he had no relatives to bestow it upon and he said he had but one in this country, not very nearly related, which for reasons of his own he would not bestow it upon, etc. Sworn in court.
Mr. Lake deposed that his brother Symons said to "my daugh- ter" Harris, etc. Sworn in court.
*Autograph.
244
IPSWICH QUARTERLY COURT
[Mar.
Capt. George Corwin, coming into court and demanding ten pounds that he had laid out for the county, court ordered that at the next levy he should be paid.
Mary, wife of Job Bishop, having been convicted of receiving stolen goods from Sarah Roper, converting them to her own use, and being an abettor and encourager of the said Sarah in her several thefts from her master Major Genrll. Denison, court ordered that said Mary Bishop pay treble damages according to law, that she be whipped or pay five pounds, and be bound to good behavior. Mr. Symons was appointed by the court to see the execution per- formed .*
Samuell Varnam deposed. Sworn in court.
Nathaniell Piper deposed that Thomas Harris said that he would not keep Mr. Vincent for three times what he was worth, and that he heard said Harris tell his father Stilson, etc.
William Quarles, aged about eighteen years, deposed that being sent to town to Mr. Chute's upon an errand, Goodman Harris took his horse by the bridle as he passed by his house and told him he must go in and help him with Mr. Vincent. Goodwife Harris told him as soon as he reached home to tell her aunt or uncle or cousin Samuell to come, "good-now William doe not forgett itt." Sworn in court. Mistress Rebecka Symondst affirmed that she was informed of Mr. Vincent's death by her son Chute, and know- ing that her husband was executor, she and her son Samuell went to town to see about the funeral, and sent a man to assist about the corpse. Cosen Harris brought Mr. Baker to her to order con- cerning the cake, and the next morning knowing that said Baker wanted butter, he went to her at Mr. Cobbet's where she borrowed some of Mrs. Cobbet. She consulted with sister Lake and cousin Harris, for being a stranger she was not so well acquainted, and they left her to decide. Her cousin Harris said he had had need of shirts, neckcloths and stockings which were provided, and that he had wanted nothing for she mended his shirts and stockings until she could get cloth of a "competent breadth" for him to make him shirts, there being none fit in the town at that time. Her cousin Harris said he asked her to send for Deacon Knowlton, etc. Affirmed also by Samuell Symonds, jr.t
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