USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 3
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Walter Roper's bill of cost against the town, going to Newbury and Salsbury, 1li. 2s. 2d.
Walter Roper's bill of cost against William Sanword, going to Newberey, 1li. 4s.
Walter Roper's bill of cost against William Eiffer, going to Newberie and Salsberey, 1li. 1s. 8d.
John Emery's bill of cost, 1li. 10s. 6d.
Bill of cost of James Barker, Tho. Wood, widow Smith, Marke Prime, John Tod, John Grant and John Dresser.
Job Tiller's bill of cost, 2li. 17s. 6d.
Goodwife Griffen's bill of cost, 1li. 17s. 10d.
Bill of charges of Lt. Samll. Appleton, for services of Ro. Day, John Tod, Corpll. John Whipple, Tho. Clarke in attachment of Willm. Assee, 12s. 7d
* Autograph.
22
IPSWICH QUARTERLY COURT
[Mar.
Civil cases :----
Cornelius Walldo v. William Warener. For shooting his horse. Withdrawn.
Samuell Plummer v. Charles Browne. Trespass. Verdict for plaintiff, the heifer to be his .*
*Writ: Samuell Plumer v. Charles Browne; trespass; for tak- ing up a heifer of his from Nubury Neck, which he had bought of Thomas Hale, jr., and refusing to deliver her; dated Dec. - , 1662; signed by Robert Lord,t for the court; and served by John Palmer, deputy constable of Rowley.
Summons to Charls Browne of Rowly, dated Mar. 23, 1662, and signed by Robert Lord,t for the court.
Samuell Plumer's; bill of costs, 1li. 19s. 4d.
John Hopint deposed that two years ago last Micklemas Charls Browne lost a black heifer, and at the same time there was a beast killed at a place called "the straits as we go to the ry field." He also heard Browne's wife say that she feared it was their heifer, etc. Sworn in court.
Thomas Hale, jr.,; deposed that the heifer came of a black cow which he sold to brother Lambert and that she was a very poor calf. The first two winters they gave her a great deal of bread and corn to keep her alive. He put her in the Rowley dry herd and she had the same ear mark as his other cattle, the top of the left ear cut off and a slit down the top of the right ear, and was also branded on the horn with his brand mark, like his other cattle. Sworn in court.
Andrew Heddan, aged about forty years, testified that after the heifer was put into the dry herd, he told the wife of Charls Brown that he saw her in Rowley common field upon John Harris's ground, but his time of keeping the cows had expired and she must look after it herself. He further testified that about midsummer this heifer and two small cattle left the dry herd, came to the town and went with the cow herd, keeping constantly about Charls Brown's yard.
John Lambert, aged about thirty-four years, deposed that he heard Mary, wife of Charls Browne, say, etc. Sworn in court.
John Poore, sr., aged about forty-six years, deposed that Thomas Hale, jr., of Newbury bred four calves in the year 1659, and their cattle went constantly together to his spring to drink. This heifer in controversy was one of the four, etc. Sworn in court.#
John Poore, jr., aged about twenty years, also deposed. Sworn in court.
+ Autograph.
# Shorthand written on reverse of this paper.
23
RECORDS AND FILES
1663]
William Pritchett v. Anthony Carroll. Trespass For keeping possession of a house and land. Verdict for plaintiff .*
Hanah Poore,t aged about fourteen years, deposed that she went to live with Thomas Hale, jr., of Newbury, Apr. 8. 1661, and remained a year, and the heifer in controversy is the same heifer that belonged to said Hale, it being very much like a heifer of her brother John Poore's. Sworn in court.
John Hobkinson, aged about seventeen years, deposed that in the year 1660 he saw Charls Brown's heifer shortly before winter in the farm commonly called Mr. Dummer's farm, hard by New- bury gate, etc. Sworn in court.
*Writ: William Pritchett v. Anthony Carroll; trespass; for keeping possession of a house and land, which was sometimes Frances Ursleton's, and now the said Pritchett's by the sale of a mortgage from John Godfry to him; dated Mar. 23, 1662; signed by Robert Lord,t for the court; and served by Robert Lord,t marshal.
Whereas there was a mortgage of a house and land to Frances Urselton given by John (his mark) Godfry for the payment of fifty odd pounds to said Godfry at the end of two years next March, the latter extends the time two years longer; dated Nov. 30, 1659. Wit: George Emeryt and Robert Lord.t
Robert Lord deposed that the writings which he made were upon the consideration of a judgment that Frances Urselton had obtained, etc. Sworn in court.
Sale of mortgage by John (his mark) Godfry || of Andover to William Prichett of Ipswich, for 59li. 9s. 8d., of a house and land which was mortgaged to said Godfry by Francis Urselton, situate in Topsfield, and containing twenty-six acres, bounded by a ledge of rocks on the north, Mr. Baker's meadow on the west, a brook from Mr. Baker's meadow on the south and by a brook from the pond on the east; dated Nov. 16, 1660. Wit: Robert Lordt and Mary Lord. Acknowledged, Nov. 16, 1660, before Daniel Deni- son.f
Mortgage deed, dated Feb. 17, 1658, Frances (his mark) Ursel- ton|| of Topsfield to John Godfrye of Andover, his dwelling house and all his land in Topsfield, which he bought of Daniell Clarke, containing about twenty-six acres, for 59li. 9s. 8d., to be paid in 1662, in wheat at 4s. 6d. per bushel and Indian corn at 2s. 8d., at the dwelling house of Phillip Fowlar in Ipswich. Wit: Robert Lordt and Philip Fowler. Acknowledged, Feb. 17, 1658, before Daniel Denison, John Godfrey promising to return this mortgage to Francis Usselton if he, the said Godfry, died within the four years.
t Autograph.
|| Seal.
24
IPSWICH QUARTERLY COURT
[Mar.
Sergt. Andrew Mansfield v. John Hathorne. Slander. In charg- ing before the church, etc. Verdict for plaintiff. The defendant was to make a public acknowledgment in the meeting house at Linn within thirty days. Not consented to by the court .*
John and Thomas Kimball deposed that they were present when Pritchett took possession of the house, and the latter left orders with the wife of Anthony Carrill that if her husband would remain there he must come and agree with said Pritchett or else provide himself elsewhere.
*The writ dated Mar. 11, 1662-3, whereby John Hathorne was attached upon complaint of Andrew Mansfield in an action of slander for breaking the ninth commandment in bearing false witness against him, was declared void.
Writ: Andrew Mansfield v. John Hathorne; slander; charging him before the church at Linn the last summer that he had broken the ninth commandment in bearing false witness against his neigh- bor in the testimony he had given at Ipswich court, and at another church meeting, also charging him with the same; dated Mar. 18, 1662-3; signed by Tho. Fiske,; for the court; and served by Allen Bread,¿ constable of Lin by attachment of defendant's dwell- ing house.
"Reverend & loveing Friends & brethren, wee understand that Jo: Haythorne hath accused And. Maynsfeild & Langley in the Ch: of Lyn for giveing a false test. agst himselfe & Z. Collins att the Court of Ipswich in March was 12 month & for wch the sd M & Longly stand convicted in yr Church & finding himself greived thereat hath brought this complt. agst the sd Haythorne in seurall acconts of scland' wch hath had a full & imptiall heareing & due examinacon & by the virdict of the Jury the sd H found guilty now because it is much to be desired that contrary indgement in one & the same case may be prevented if possibly it may be at- tained & one power not || to || clash agst the other wee thought it expedient before wee giue judgement in the case to comend the same to the serious consideracon & further examinacon thereof of the church wee doubt not but there hath bene err's more then a few both in the words & carriage of all the pties (though not the crime alleadged) weh if it may please god to putt into their hearts to see & owne soe as may giue the Church optunyty & cause to change their mynd & reverse sensures soe farr as concernes the pticular case in question wee hope it wilbe acceptable to god satis- factory to || orselues & || others & the beginging of yr owne peace & quyet, the disterbance whereof hitherto wee are very senceable of & shall att all tymes be ready to afford yu or best releife as wee may haue optunity or cognisance thereof & had you beene pleased
țAutograph.
25
RECORDS AND FILES
1663]
before yr final conclusion to haue giuen us the grounds of your offence wee should kindly have resented such a request, and, probably much of your trouble might have beene prevented wee haue deferrd giuing judgment in this case till the next Sessions of this Court to see wt effect this or mocon may haue the god of peace & wisedome giue you understanding in all things & guide you to such conclusions in this & all other causes of consequenc as may be agreable to his will & conduceing to ye peace & welfaire. soe prayes
"Apr. 4 . 63
Yr lo: Friends & brethren "Robt Lord Clerk "by order of the County Court "at Ipswich."
"Reverend & beloved
"Wee are very sorry our endeauors haue not produced that effect wee hoped and desired but seemes to haue beene interpreted con- trary to our intentions (& wee conceiue our words) as an incroach- ment upon and destruction to the right or power of the chhs, wee haue beene taught & doe verily beleeue the ciuil and eclesiastical power may very wel consist, and that no cause is so purely eclesiastical but the ciuil power may in its way deale therein, wee are farr from thinking the chhs haue no power but what is deriued fro the chtian magistrate or that the ciuil magistrate hath eclesi- astical power, yet may and ought this matter so requiring take cognizance and giue judgment in eclesiastical cause not in a chh but ciuil way wee suppose wee haue kept much within these bounds in the case that hath beene before us and that our opinnions & practice heerein hath beene as cleare from eclesiasticisme as some mens assertions haue beene from the opposite error the declared Judgments of our congregational divines in that point wee owne & desire to regulate our proceedings accordingly The God of order guide all or administration to his glory and the peace & edification of his people.
"By order and unanimous consent "of the county court sitting at Ipswich "May 5th 1663 "p me Robert Lord cleric."
John Longlye, aged about twenty-three years, deposed that he heard John Hathorne charge Andrew Mansfeild before the church at Lynn in the meeting house, saying "I charge you with beareing false wittnesse against mee & others conserned in the testimonye you swore unto at Ipswich Court, " and that he would prove it by the papers he had given to the church. Mansfeild said he never understood that to be his charge and said Hathorne asked him where he had been all this while. Mansfeild replied, "Just where I am now." This matter was in hand before the church a con-
26
IPSWICH QUARTERLY COURT
[Mar.
Samuell Ingalls, attorney to Mary King v. Twifoote West. For refusing to deliver a colt. Verdict for defendant .*
siderable part of the last summer. Sworn, 25 : 1 : 1663, before Wm. Hathorne.t
Richard (his mark) Johnson, on Mar. 12, 1662-3, deposed the same. Sworn, 27 : 1 : 1663, before Wm. Hathorne.t
John Mansfeild,t aged about forty-four years, deposed. Sworn, 25 : 1 : 1663, before Wm. Hathorne.t
Robert Coates, aged about thirty-six or thirty-seven years, deposed. Sworn, 25 : 1 : 1663, before Wm. Hathorne.t
Thomas Couldam, aged about twenty-five years, deposed. Sworn, 25 : 1 : 1663, before Wm. Hathorne.t
Robert Lord, marshal, and William Longlye, aged about forty- eight years, deposed. The latter said that he heard marshal Robert Lord tell Andrew Mansfield that he had taken John Hathorne's horse by execution, and would have said Mansfield appraise it, which he did and the marshal delivered the horse to deponent, etc. Mary Longlye testified to the same.
*Writ, dated Mar. 21, 1663, signed by Robert Lord, for the court, and served by Robert Lord,t marshal, by attachment of house and land of defendant.
Caleb Kimball deposed that Samuell Ingalls came to his house and asked him if he did not know the colt that Twiford West had taken up for a stray, and he said he did. They tried to find the colt and could not. This colt had a piece of his ear cut off. Sworn in court.
John Jewett deposed concerning the colt. Sworn in court.
Dannell Ela and Josua Boynton deposed that the colt which West took up had no earmarks. Sworn in court.
John Knoulton deposed that when Samuel Gagge marked the colt, he desired John Griggory and himself to hold the colt, and the only mark he gave was a small cut on the side of the right ear, and only a drop or two of blood followed. John Greggory affirmed the same Sworn in court.
Deposition of that Samuell Ingalls' sister Mary King brought a horse colt which was kept with a horse of Good- man Goodhews, etc. Sworn in court.
Thomas Verny deposed that the mare and colt which Goodman Ingals had in his possession of his sister Mary King, were in de- ponent's keeping part of the winter before the colt went away. The colt had many gray hairs about his head. Deponent could find no mark upon the colt after Sam. Gage said he had marked it, and Goodman West refused to let them see it, after it had been taken up as a stray. Sworn in court.
+ Autograph.
27
RECORDS AND FILES
1663]
Jonathan Singletary v. John Godfry. For not giving plaintiff a general acquittance. Verdict for plaintiff, an acquittance from the beginning of the world to Feb. 18, last .*
Samuel Ingals deposed that coming home late one night when it begun to be dark, he met Samuel Gage and deponent ask him if he had found his colt and he said he had. "I asked him whear he was and he said thear he is and I said no that colt by the hege is min and he said he had marked him he thought and I tould him if he had marked him he had beter have let him alone." Sworn in court.
John Gidding deposed that he saw the colt with Goodman Good- hew's horse about Avrill hill, etc. Sworn in court.
Thomas Clarke, aged about twenty-five years, deposed. Sworn in court.
Richard Coy, Edward Neland and John Lambert deposed. Sworn in court.
Thomas Kimball deposed that he met Samuell Ingalls at the mill last summer, who asked him how he could see the colt when his withe was off. Deponent replied that if he had been with him the last week he might have seen him without his withe, and further- more told Samuell that he had snarled himself in telling several different stories, etc.
*Writ: Jonathan Singletary of Haverill v. John Godfre; for not giving plaintiff a general acquittance, etc .; dated 27 : 12 : 1662; signed by Thomas Leaver,t clerk, and served by Robert Lord, t marshal.
Jonathan Singletary's bill of charges, for journeys to Newbury, Ipswich and Andever, 3li. 4s. 6d.
Richard Singletarey, aged about seventy years, deposed that he and Thomas Blomfield being at Ipswitch upon Feb. 18, last, as agents for Jonathan Singletary who was then in prison upon several executions of John Godfres, they tendered said Godfre a parcel of land in satisfaction of said execution. "John Godfre sd ye Land I will neuer medle wth except ye Law Constraineth me to take it & so turned his back nay staye John sª one of us & lett us haue a fewe words wth you or Coming is to make A full & fineall end bettwene Jonathan & you if we Can wth out any more law well sayed godfre as for ye land I will not medle wth but if you will fetch me or pay me in goods for these executions which he is now in prizen upon I will give him A full & generall aquitance of all debts & deues & all things," etc. Godfrey said he would take the goods whenever they were brought to him. Sworn, 24 : 1 : 1662, before Simon Bradstreete.t
Theophilus Wilsont certified to Godfres having received the goods, etc. Sworn in court.
t Autograph.
28
IPSWICH QUARTERLY COURT
[Mar.
William Warrener v. Cornelius Waldo. For not performing the covenant of his indenture. Verdiet for defendant .*
Mr. Anthony Crosbye v. John Pickard. For non-performance of a bargain. Verdict for plaintiff. Seven hundred acres to be set out to him within three months' time. The court did not accept the verdict.t
Thomas Blomfield testified that Godfre once offered to settle for a great deal less than was afterward paid, etc. Sworn in court. *Writ, dated Mar. 16, 1662, signed by Robert Lord,į for the court, and served by Robert Lord,į marshal.
Richard Brabrook deposed that Mr. Walldoe sold William Wariner to him "living or dying staying or runing, and all the Clothes he had when he came to me were hardly worth the taking off the dunghill except a payre of shews." Sworn in court.
James Ford deposed that when William Wariner's time was nearly out, Mr. Walldoe asked whether he would give him three months' more work to compensate for the time he had misspent or go to prison. Deponent said that when Wariner ran away, Mr. Walldoe severely punished him for it, and that said Wariner would have gone over the river to ask counsel, but Walldoe would not let him. Sworn in court.
Fransis Norwood deposed. Sworn in court.
Reanalld Foster deposed that when Mr. Walldoe dwelt at town. he put Wariner off to Goodman Coy, and said to deponent, "I wounder how men doe use servants that they run away, for he never run away from me." Sworn in court.
Indenture of Willem (his mark) Worrenr, dated May 28, 1657, to serve his master Cornelius Walldo three months longer, June, July and August, in consideration of misspent time. He released his master of one suite of clothes which was expressed in the inden- ture, said Waldoe promising to give him one suite which Mr. Ipes was to help him to, also one new hat, one new pair of hose and shoes and two shirts. Wit: Fransis Norwood and James Foord.
¡Writ, dated Mar. 12, 1662-3, signed by Thomas Leaver, for the court, and served by John Todd,¿ constable.
Agreement, dated Nov. 22, 1657, between Anthony Crosbet and John Pickard,¿ both of Rouly, the former selling by way of exchange all the land he bought of Goodman Boyes, being thirty- seven acres, for seven hundred acres of land, "wch are the right off 5 lots one belonging to John Pickerds owne lott one toe aker lot more one half to aker lott 1 to aker and half lots this 700 akers off Land lyes in rouly uiliage 400 akers of wch land is Already laid outt on partt att aplace called the uilige Plaine bounded on one side by rouly line on the other side by the high way to andiuer
# Autograph.
29
RECORDS AND FILES
1663]
William Longly v. John Hathorne. Slander. Verdict for plain- tiff. The defendant was to make a public acknowledgment in
the other 300 akers is itt to layout wch 300 Akers akers is to ly nigh ajoying to the fore said 400 akers and is to bee Judged by indiferent men to be as good and convenient as 300 akers of the fore said 400 akers," etc. Said Pickerd, in consideration of the aforesaid land, agreed to give twenty pounds in merchantable wheat and barley, half by Jan. 1 and half by next Mickelmas. The farm Crosbe sold was called Manins farm. Wit: Ezekell Northend; and Jonathan Platts, ; who made oath in court.
Decd, dated Mar. 22, 1661, John Pickardį to Mr. Anthony Crosbie, seven hundred acres, bounded on the east partly by the line between the village land and the town land and partly by land laid out to Ezekiell Northend, on the north by a pond and a highway, on the west by land reserved for a minister's lot, and on the south by the highway to Andever. The rest of the land on the south-west side of the highway was bounded on the south by land of Thomas Dickinson, on the west by land belonging to Tops- feild men and John Pickard, running on a straight line from the white oak tree which is the Topsfeild men's northeast corner to another white oak tree near Dickinson's other land, and on the north by said Dickinson's where it joins upon a pond, the pond being the bounds until it reaches the brook that flowed out of the pond, and so along until it cleared a chanally place that is an ordinary way under the brook, then by the minister's lot, keeping clear of a meadow, lying north of a pine swamp and pond until it comes to a walnut tree on the Andevor way, the latter being the east bounds, etc. Wit: Robert Lord, t marshal, and John Paine.t Recorded in Ipswich court records, folio 65, by Robert Lord, t recdr. Acknowledged, Mar. 22, 1661, before Daniel Denison.t
Mr. Crosbye's bill of costs, 3li. 11s.
John Pickard's bill of costs, 2li. 1s.
Samuell Brocklebanke, aged about thirty-five years, deposed that John Pickard and Mr. Anthony Crosbie were at his house and the latter asked him to write a deed of some land that said Crosbie had sold to Pickard. Crosbie said he did not remember that he had sold any more land in the village land except the right of those three lots he had bought of Robert Swan, but he told Pickard if he owned any more there that he had sold him all, excepting the land that he had bought of the said Pickard and the two hundred acres that he had bought of deponent. He further promised that he would get said Pickard deeds of security from Robert Swan. They also agreed that the twenty pounds were paid part by the meadow and the rest at Mr. Jewet's and John Tod's. Sworn in court.
t Autograph.
# Autograph and seal.
30
IPSWICH QUARTERLY COURT
[Mar.
Linn meeting house within thirty days The court did not con- sent to this verdict .*
Ezekell Northend, aged about forty-one years, deposed that after he had agreed with John Pickard in behalf of Mr. Crosbie, etc. Sworn in court.
Anthony Asten, aged about twenty-seven years, deposed that being at Boston when Mr. Crosbie was ready to go to England, the latter employed him to write some letters to send to his friends at Rowley. Among them was one to Goodman Northend, in which he gave said Northend authority to agree with John Pick- ard in his behalf, etc. Sworn in court.
John Mighell deposed that he heard John Pickard say that he intended that Anthony Crosbey should have a certain parcel of land in the village, and he would have had it if they had not quarrelled. But he had saved a hundred acres by it. Owned in court by John Pickard.
James Bayley, aged about fifty-one years, deposed that he, Ezekiel Northend and Sameull Brocklebank were present when the land was laid out to Mr. Crosbie, and they laid out more to said Crosbie than the agreement called for. When the bounds were agreed on and marked, said Northend promised that paper called articles should be burned or made void. Sworn in court.
Ezekell Northend, aged about forty-one years, deposed that, when Pickard and Crosbie had differed about the land, deponent received a letter of authority from Mr. Crosbie, etc. Sworn in court.
Samuell Brocklebank testified that the Rowley lot layers esti- mated the village land in the proportion of two hundred acres of upland and eight acres of meadow to the right of a two acre lot and so proportionally to lots greater or lesser, the acre and half lots right being but the third part of a two acre lots right. Sworn in court.
Ezekill Northen deposed that he was one of the lot layers and that John Pickard had only one hundred and ten acres of village land laid out to him. Sworn in court.
*Writ, dated Mar. 18, 1662-3, signed by Tho. Fiske,t for the court, and served by Allen Bread,t constable of Lin, by attach- ment of the land and orchard of defendant.
John Fuller, ; Thomas Newhall,; Thomas Marshallt and Oliver Purchist certified that at a church meeting in the cause of William Longly in Lynn, "John Hathorne asking William Longly what he looked upon to be a tender of land to an execution the sd longly answered that is Henry Collins had said this is my owne land take that for yo' execution." Sworn in court.
Copy of the execution of Oct. 14, 1661, made by Robert Lord, t cleric.
t Autograph.
31
RECORDS AND FILES
1663]
John Mansfeild, aged about forty-four years, deposed that at a church meeting at Mr. Whitting's house, John Hathorne, charged William Longley with the breach of the ninth commandment in bearing false witness against his neighbor. Said Longley asked said Hathorne who that neighbor was, and he replied against him and Henry Collins. Sworn, 27 : 1 : 1663, before Wm. Hathorne .*
Allexander Brabiner, aged about fifty years, deposed. Sworn in court.
Nathaniell Hanforth,* aged about fifty-four years, deposed. Sworn, 28 : 1 : 1663, before Wm. Hathorne .*
Jonathan Wallkett* testified that "being at the house of Henry Collins when the Marshall (as they called him) of Ipswich was there to leuie an excecution (as he said) after the excecution was read & goods demanded by the sd Marshall: Henry Collinges said after he had made an excuse: it not being his propper debt, the sª Collins said to mee & to the rest that were by: take notis what I saye to the Marshall, and said you are best take the land that was attached to the action which is by or buerieing place or els sd he here is the Towne Common: before my gate take that for your satisfaction, the Marshall said he would not or that he was not bound to goe out of the yard but I must sd he have some of yor own goods then said Henry Collins here is twenty acres of my owne land behind my house you shall haue that for to satisfie yor excecution many words the sd Collins used for to perswade the sd Marshall to take these lands or any of them but the sd Marshall sd seuerall times he || would || medle with noe lands but still did demaund of the sd: Collins to shew him some cattell for to leuie his excecution upon then when we were in the yard, after other discourse the Marshall read the Excecution & sd I leuie this excecution upon yor body and charged asistance, there being some space of time between the seasing of the excecution ther goeing into the house all which time John Hathorne was some distance from Henry Collins till the || sd marshall || sd to Henry Collins gett yor hatt & then we all torned & went into the house and that when we were in the yard || asone || as the Marshalls word was out of his mouth in saying I leuie it upon yor body says william longly here be horses or meares in the yard that he owned except a colt of his sonns the Marshall said he would not leuie an excecution twice." John Collins and Edward Ireson testified to a portion of the same. Sworn, 25 : 1 : 1663, before Wm. Hathorne .*
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