USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 4
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Copy of the depositions of Edward Ierson and John Collins, which were sworn to 17 : 1 : 1661-2, made by Robert Lord,* cleric.
John Witt and Thomas Newall deposed that they heard William Longlye acknowledge in the church that he was troubled because the marshal levied the execution upon the body of Henry Collins, and said he should have thought he would have taken his cattle. Sworn in court.
* Autograph.
32
IPSWICH QUARTERLY COURT
[Mar.
William Longly v. Richard Haven. For coming upon his ground, violently laying hands on him, and abusing him in words and deeds .*
Copy of depositions of Andrew Mansfield, Henry Collins and William Longlye taken at Ipswich court, Mar. 25, 1662, made by Robert Lord,t cleric.
Copy of deposition of Robert Lord, marshal, sworn, Nov. 3, 1662, before Daniel Denison, and in court at Ipswich, Mar. 31, 1663, before Robert Lord,t cleric.
Copy of deposition of Edward Ierson, taken 17 :1 :1661-2, made by Robert Lord,t cleric.
Copy of deposition of Robert Burges, taken Mar. 22, 1661-2, made by Robert Lord,t cleric.
"Mr. Hathorne I have heere sent you the copies you sent for to be sent you wch acording to order court come to 38 &c.
"Yours "Robert Lord."t
Richard Jonson, aged about fifty one years, deposed that at the church meeting when Longly desired Hathorne to tell who the neighbor was "then m" Hathorne saide how kettching are you att a word Hathen I have nott soe donne by you," etc. Sworn, 28 : 1 : 1663, before Wm. Hathorne.t
*Writ, dated last of Feb., 1662, signed by Robert Lord,; for the court, and served by Allen Bread,t constable of Lin, by attach- ment of the dwelling house of defendant.
Copy of deposition of Robert Burges, taken Mar. 22, 1661-2, made by Robert Lord, t cleric.
Isake (his mark) Ong deposed that he heard "goodman Havens wife axe danniell Mathew: whether hee did heare hir husband saye yt hee would laye goodman Longlys hart blod upon ye ground || and take him by ye berd || & danniell did answer: yt goodman longlys folks did lie att him to say soe: but for my part sayd hee I Cannot for if I showld I showld sweare falsly." Sworn, 31 : 1 : 1663, before Wm. Hathorne.t
Ezekell Nedhamt deposed that "when yt I did live with beni- amine Briscoe in ye yeare 1661 : there cam a man & fell out with my mr Briscoe & stroke my m' in his shope: where ther was none but my mr & my selve & ye man & danniell Mathew did profer for to swere ye Brimmat did strike my mr when yt hee was in another rome with ye Child where hee Could not see him stroke." Sworn, 31 : 1 : 1663, before Wm. Hathorne .;
Mary Longley, aged about nineteen years, deposed that "last summer, about the time that peace began to be ripe: I this de-
+ Autograplı.
33
RECORDS AND FILES
1663]
William Longley v. Thomas Newhall. Battery. Verdict for plaintiff .*
ponant being in our yard one morning: Richard Heauen came to me and asked me where my father was: and I perceive that he was angry by his Countenance and by his carriage, I told him: I would not tell him where he was for him to have his will of him: and the said Heauen said I will find him out if he be to be found: and went over the rayles into our lot: and I said goodman Heauen you had best have a care what you do: then he turned and came back over thee railes againe and went home to his owne house, I stood still to see what he would do: and I see him breake of a great Cudgell, and go at great pace up the lot: and I fearing he would do my father some mischeife followed him: and as I was following the said Heauen, I mett daniell Mathees: and I requested the said mathee to go long with me for I was afraid the said Heauen would knock my father in the head, and wee both ran together, till wee came neare to my father and the said Heauen: about the breadth of a row of Indian corne: my father being sowing turneup seed in his own lot: and the aforesaid Heauen said to my father thou rouge thou, why didst thou lame my hoggs, and I see the sd Heauen take my father fast by the beard and said thou rogue I could find in my heart to spill thy heart blood upon the ground thou rogue thou; my father answered the said Heauen there is wittnesse above that sees all; and they went out of the corne and the said Heauen had a great Cudgell in his hand and my father said the lord will avenge my wrongs one day: and the said Heauen said heark how he crys aloud to his god: and foomed at the mouth." Sworn in court.
Daniell Matthees, aged about seventeen years, deposed that "when I dwelt at lyn; the last summer about the time that pease began to be neare ripe: I being in the field gathering a Broome," etc. Sworn, Feb. 25, 1662, before Edward Rawson, t comr. This paper addressed on reverse: "These For Mr Robt Lord Clarke of Ipswich Court."
*Writ: William Longly v. Thomas Newhall, jr .; battery, for striking his wife; dated Feb. 28, 1662; signed by Robert Lord,t for the court, and served by Allen Bread,t constable of Lyn, by attachment of the dwelling house of defendant.
John Longly deposed that John and Samuel Wilkinson went with their father's team to get the hay from Andover meadows, etc. Sworn in court.
Thomas Wheeler, aged about fifty-seven or fifty-eight years, deposed that he saw the wife of William Longley and her two daughters, Mary and Anna Longley, have hold of a long pick or pole at one end and Thomas Newhall, jr., of the other end and
+Autograph.
34
IPSWICH QUARTERLY COURT
[Mar.
Joshua Bradley v. John Godfry. Non-performance of a bar- gain. Verdict for defendant .*
Goodman Longley's orchard fence was between them, "and the women were to hard for the man in pulling in so much that the said newhall called his brother, John and they too together pulled the poole from the sd women, And then Thomas newhall strucke the || said || wife of William longley with the poole or long stick that they stroue about." Sworn, 27: 1 : 1663, before Wm. Hathorne.t
William Longlye's bill of charges, 2li. 10d.
Anna Longley, aged about sixteen years, deposed that after Newhall struck her mother, the latter's hand was black for several days, etc. Sworn, 27 : 1 : 1663, before Wm. Hathorne.t
Mary Longley, aged about nineteen years, deposed that Thomas Newhall was using the pole, with which he struck her mother, to run a line, etc. Sworn in court.
Elizabeth, wife of John Newhall, sr., and Mary Haven deposed that Thomas Newhall, jr., was desired to hold a pole to run a line betweeen Will. Longley and John Newhall, and Thomas stood on the land of John Newhall. The two daughters of Longley came and threw stones at him and Anna took up a piece of a pole and struck said Newhall several blows with it. Then Longley's wife came with a broad axe in her hand and violently struck at said Newhall and had he not slipped aside, he would have been wounded, if not killed, etc. Sworn, 28: 1: 1663, before Wm. Hathorne.t
*Writ, dated Mar. 23, 1662, signed by Robert Lord,t for the court, and served by Samuell Currier, t deputy constable of Rowly, by attachment of a yoke of oxen and twenty bushels of wheat of defendant's.
Daniell Bradley deposed that about the beginning of last winter, he went with Joshua Bradley to George Hadlye's house. John Godfry was there, and said Bradley asked Godfry to let him a yoke of oxen, and he let him for two years the yoke he had bought of George Hadlye, for forty shillings per year, to be delivered then or in the following spring. George Hadlye was to keep them until spring, and although he offered to give the same price, said God- fry agreed to let Joshua Bradley have them. Sworn, Mar. 28, 1663, before Daniel Denison.t
Samuell Currier testified the same. Sworn in court.
Edward Eymons of Haverell, aged forty years, deposed that he went with John Godfrey and Thomas Davisse to George Had- leyes house to buy a pair of oxen. Godfrey said that Hadley was in his debt about a bond of wheat and Godfrey offered him 14li. for his oxen and to abate it in the bond. Hadlye answered that
t Autograph.
35
RECORDS AND FILES
1663]
Mr. Jonathan Wade v. Stephen Graffam. Debt. Verdict for plaintiff. Court ordered the attachment to be continued until a fortnight after Salem court .*
George Hadly v. Robert Haseltine, Trespass. For felling several trees, etc. Verdict for plaintiff.t
he must have 16li. for them and Godfrey refused. Sworn, 3:2:1662, before Simon Brodstreet.
Daniell Ela deposed. Sworn, 3: 2: 1663, before Wm. Hathorne.} Samuell Corrier deposed. Sworn in court.
*Writ: Mr. Jonathan Wade v. Stephen Graffam; debt; signed by Robert Lord,¿ for the court; and served by Robert Lord,} marshal, by attachment of a barrel of mackerel and a chest of seventeen pounds of money, of defendant, the summons being left at the house of his last abode in Ipswich.
John Clark, aged about twenty-two years, deposed that last August, he was at the house of Mr. Jonathan Wade with Steven Grafton and saw the said Grafton receive of Mr. Wade a barrel of liquors which was agreed between them to be 31 or 32 gallons at six shillings per gallon. Grafton agreed to pay for it in the Bay if he liked the goods and price. Sworn in court.
Robert Perse, aged fifty years, deposed that about the end of the year 1660 or the beginning of 1661, Steven Grafton acknow- ledged that he had received goods from Mr. Wade to the value of nine or ten pounds, and was to pay for them in freighting of fish at the Iles of Sholes. Deponent further testified that Mr. Wade demanded fish at the Iles of Sholes in June, 1661, but there was no fish delivered. Sworn in court.
Account against Steven Grafton on books of Mr. Jonathan Wade, amounting to 10li. 2s. 9d. Sworn in court by Mr. Jonathan Wade, and his son Nathaniell Wade swore to the delivery of 9li. 12s., before Robert Lord,¿ cleric.
Jonathan Wade's bill of cost, 1li. 18s.
+Writ: Georg Hadlye v. Robert Heseltine; trespass; for fell- ing and carrying away several trees upon his land, and thereby claiming a title to about thirty acres of his land, namely, the land he bought of William Wild, which was laid out by Joseph Jewet of Rowley and Theophilus Shatswell of Haverill and which lies at the head of Robert Heseltine's land; dated Mar. 19, 1662; signed by Robert Lord,¿ for the court; and served by Samuell Corier, deputy constable of Rowley, by attachment of the house, house lot and orchard of defendant.
Copy of deed, dated Dec. 17, 1655, William Wild of Ipswich, for 140li., sold to George Hadley of Rowley all his accommoda- tions granted him by the town of Rowley at Merimack river
# Autograph.
36
IPSWICH QUARTERLY COURT
[Mar.
near Haverill, namely, his house, barn and fifteen acres of land, bounded by land of Robert Hasseltine on the east, the town pasture on the west; also twenty-eight acres lying at the end of the afore- said land, bounded as aforesaid; also two hundred acres, bounded by the land of Robert Hasseltine on the east, Rowley common on the west, the land last mentioned on the north and Rowley com- mon on the south; also one acre of meadow at the end of a hill called Long hill, having the meadow of Robert Hasseltine on the north, John Hasseltine on the south, and two acres and a half of meadow at the south end of Johnson's creek on the east about a quarter of a mile; also two acres of meadow at a place called Johnson's pond, bounded by Robert Hasseltine on the north; also five acres west, about half a mile, of a place called the four mile rock in the way from Haverill to Rowley; also nine acres and a half in a meadow about a mile and a half from the meadow last mentioned, having the meadow of Robert Hasseltine on the east and John Hasseltine on the west. Wit: Robert Lord and Mary Lord. Elizabeth, wife of William Wild, released her dower. Ac- knowledged, Dec. 18, 1655, before Daniel Denison.
George Hadlye's bill of cost, 3li.
Daniell Bradly deposed that George Hadlye desired him to go to Robert Haseltine's with him, and said Hadlye demanded upon what authority he had felled trees in his swamp. Haseltine answered that it was his own land. Hadlye demanded satis- faction for what had been felled and Haseltine refused, saying he would stand to the hazard of the law. Deponent had seen Hase- tine fell trees there and further the latter told him that if he thought Hadlye did not sue, he would fell some more to quicken him up. Sworn, Mar. 28, 1663, before Daniel Denison .*
John Pickard and Ezekiell Northend testified that when Robert Hesseltine, John Hesseltine and William Wild went to live over against Haverell, "our towne granted unto them an equall share of land | meadow || and commonage after they had lived a certain time ther they maid ther desire knowne unto the towne that they would willingly fence in ther commonage and therfor desired that they might have soe much laid out as the towne thought might be sufficient to keepe that number of cattell acording to ther grant from the towne which Accordingly the towne Tooke it in to con- sideration and granted that ther should be laid out unto those three men above mentioned sixe hundred Acres of land for ther commonage of these cattell that they were to keepe acording to ther grant from the towne which sixe hundred acres by the townes grant was to be equally deuided unto the afforesaid Robert John and William." Sworn in court.
Thomas Dorman, jr., deposed that being at his uncle Hadley's the last spring, his uncle asked him to go with Theofilus Satshwell, Robert Haseltine, John Carleton and himself to run the line be- * Autograph.
37
RECORDS AND FILES
1663]
tween his uncle Hadley's and Robert Haseltine. The latter took them to a tree and said it was the marked tree and Satshwell replied that it was not the tree that he and Mr. Jewett marked, and Hadley also would not own it. Finally they came to a tree marked H, which Satchwell declared to be the tree, about twenty rods off near a swamp, and deponent's uncle marked it. Then Satchwell told how they ran the line before and they marked several trees that had been marked before, until they came to a tree marked H in the highway from Rowley to Haverhill. Robert Haseltine would not run the line with them, but went away and bade them do what they would. Sworn in court.
Samuell Currier deposed that Hadley desired him to go with himself and Thomas Dorman to measure how far it was in Hadley's ground that Haseltine had felled trees, and they found that it was forty rods between the tree marked and the fallen timber. John Griffing also deposed. Sworn in court.
John Hazeltine, aged about forty years, deposed that about 1658, in order to have the line correct, Mr. Jewett went with George Hadley, Robert Hazeltine and deponent, and they agreed as to the line. Also the tract of land now in controversy, which ran on a straight line from his fence to the pasture fence, "which ranges as my fence goeth was then layed out to my brother Robert Hazeltine," and Hadley approved. Deponent further testified that he showed Corporall Gage and William White the very bounds of that tract that was laid out to them by the town of Rowley and also the inside bounds of the land which George Had- ley claimed as his lot. Sworn in court.
Copies of depositions of Joseph Jewett and Robert Haseletine, taken from Ipswich court records of Mar. 29, 1659, made by Robert Lord,* cleric.
Copies of deposition of John Millington, Theophilus Shatswell and Edward Yeomans taken from Ipswich court records of 26 :1 : 1659, by Robert Lord,* cleric.
Joane, wife of John Haselton, deposed that after the line had been run, Georg Hadley went into deponent's house and said that "this Jewett hath done itt bettor alone then when ther wer more of them to doe it." Sworn, 30: 1: 1663, before Simon Bradstreete .*
David Haselton, aged about eighteen years, deposed that he showed the bounds of the pasture ground to John Gage and William White about a fortnight or ten days ago, etc. Sworn, 30 : 1: 1663, before Simon Bradstreete .*
William White, aged about fifty years, deposed that when he and Goodman Gage measured the tract of land in controversy there was found to be a great disproportion. George Hadley had seventy acres more than the other two. Also they found the bounds the same as when marked a number of years before. John
* Autograph.
38
IPSWICH QUARTERLY COURT
[Mar.
John Newhall for himself or as assignee of Thomas Laughton, Oliver Purchase and Capt. Tho. Marshall v. William Longly. For the forfeiture of a bond of arbitration of 10li. Verdict for plaintiff. Court moderated the bond, and all the line between them to be as the arbitrators set it, a straight line, the fence, and the apple trees to stand until about Michalmas next, and William Longly to have liberty to remove them .*
Carr testified to the substance of the foregoing. Sworn, 30 : 1: 1663, before Simon Bradstreete.t
John Carleton deposed that when the line was run, Theofilus Satchwell said to him "upon this course your father Jewett and I run the line," etc. Sworn, Apr. 1, 1663, before Samuel Symonds. t Thomas Dorman deposed. Sworn in court.
*Writ, dated Mar. 24, 1662-3, signed by John Fuller,t for the court, and served by John Tarbox,t the son of John Tarbox, t constable of Lynn, whom the latter made his deputy, by attach- ment of the lands of defendant, having left the summons at his house.
Tho. Laughton,; Tho. Marshallt and Oliver Purchis,t com- missioners of Lyn for 1662, chosen as arbitrators by William Longley and John Newhall, sr., to settle the line of their home lots, agreed, 12: 12: 1662, that the line as it was run from the head to the foot, running straight to the mark from the short length at the foot to the end of the stone wall at the head or the tree stand- ing there nearby, should be the bounds between them. Longley was to pay John Newhall sixteen shillings toward his charge. Sworn in court.
Bond of arbitration between William Longleyt and John New- hall.t Wit : John Hathornet and Thaddeus Riddan .; Sworn in court by the witnesses.
John Longley, aged about twenty-three years, deposed that being at the house of John Hawthorne at Lyn, he heard his father offer John Newhall, jr., to run the line as agreed by the arbitra- tors, because he was not willing to forfeit the bond. Deponent's father also asked Newhall when he would do it and received no reply, and so deponent, his father and William Dello went away. William Dello deposed the same. Sworn in court.
Thomas Newhall testified that he heard Will. Longly say that he was sent for to hear the arbitrators' agreement, but he could not come at another's warning. Sworn, 2:3: 1663, before Wm. Hathorne.+
Robart Potter, aged about thirty-three years, deposed that he went with John Newhall, sr., to Goodman Langly's house. The latter was weaving, and when he saw who it was he came out of
t Autograph.
39
RECORDS AND FILES
1663]
John Godfry v. Jonathan Singletary. For 8li. in wheat and Indian corn. Verdict for defendant. The court accepted this verdict provided he except in his general acquittance to save said Godfrey harmless from Edward Clerke about his bond of 8li .*
his loom and put out the light. Newhall showed him the arbitra- tion and offered to read it but said Langly replied that no writing should be read there for he was master of his own house. Newhall would have let him take the writing but he would not promise to give it back. This happened about a month since. Samuell Gains testified to the same. Sworn, 28:1: 1663, before Wm. Hathorne.t
John Newhall's bill of cost, 6li. 9s.
Rich. Haven and Thomas Newhall deposed that they heard John Newhall demand his land and charges of Will. Longly, as awarded by the arbitrators, and said Longly refused. Sworn, 2: 3: 1663, before Wm. Hathorne.t
*Writ, dated 14 : 12 : 1662, signed by Hillyard Veren,t for the court, and served by Robert Lord, t marshal.
Record of the action, Edward Clark v. John Godfry, tried by the commissioners of Haverhill, June 10, 1662, for not coming to receive a parcel of wheat and Indian corn due upon bond, Mar. 1, last. Judgment for defendant. Copy made by Richard Little- hale,t cleric. "When this action came to be called, John Godfry desired halfe an houres time of ye Comissiors to call Jonathan Singltary wch was granted, & accordingly Jonathan Singletary did come to attend ye Case, as atteste Richard Littlehale, f Cleric. and henry palmer one of the commissioners."
Copy of deposition of Richard Singletary, sworn Nov. 22, 1662, before Simon Bradstreete, taken from Salem court records by Hillyard Veren, teleric.
Abraham Whiticker deposed that some time last May, John Godfry said to him that he had given to Jonathan Singeltary eight pounds which Edward Clark owed to said Godfry, but the latter said if he had it in his hands again, the said Singeltary should never have it. Sworn, 30: 1: 1663, before Simon Bradstreete.t
Jonathan Singletary's bill of charges, writing his father's and mother's evidences, going to Andever, Salsbury and Salem, and for his father-in-law giving bond, etc., 3li. 9s. 2d.
Richard Singletary and Susanah, his wife, deposed, 20: 1: 1663, that they asked Thomas Davis about the evidence that he had given in at last Salem court, and if he could testify that Jonathan was to give Godfre security for that corn. Davis said that he could not testify that he gave security for the corn, etc. Sworn, 27: 1: 1663, before Simon Bradstreete.
t Autograph.
40
IPSWICH QUARTERLY COURT
[Mar.
Mr. Peter Duncan v. Thomas Verry. Debt. Verdict for plaintiff. The court did not accept this verdict .*
Copy of deposition of Edward Youmans, sworn, 21:9:1662, before Simon Bradstreete, taken from Salem court records by Hillyard Veren,t clericus.
Copy of evidence in the action, John Godfry v. Jonathan Sing- letary, taken from Salem court records of 25:9: 1662, made by Hillyard Veren,t cleric.
John Wooddum, Theophilus Wilson and Robert Lord, marshal, testified that when Jonathan Singletary and John Godfry were in said Wilson's house, Singletary was answering the said Godfry for the executions for which he was put into prison and agreed to end all, but Jonathan said, "if I answer for all it may be when I com to haverell the counstable will serve them." Godfry said he would give him an acquittance for them, so when the goods were delivered to John Godfry, Singletary put an attachment upon them in an action of review. Sworn in court.
Richard Singletary and Susanah, his wife, deposed, 20: 1: 1662-3, that John Godfre being occasionally at their house said, concerning the corn in controversy, that he thought he should never get it of Goodman Clarke for he would pay him in papers as he did the last year. Godfry said several times, "I had rather it were in a heape in ye streete & all ye towne hogges should eate it then he should keepe it in his hands." Sworn, 27: 1: 1663, before Simon Bradstreete.t
Copies of depositions of Susan Singletary and Susana Singletary, sworn, Nov. 22, 1662, before Simon Bradstreet, taken from Salem court records by Hilliard Veren, t cleric.
*Writ, dated Mar. 23, 1662, signed by Edmund Clarke, ; for the court, and served by Thomas Judging,t constable of Gloucester. Peter Duncan's bill of cost, 1li.
Edouth Crafford deposed that she saw Thomas Harvy and Thomas Very at Salem last January. Sworn in court.
Thomas Harvy, aged about twenty-seven years, deposed that he sold to Mr. Duncan his third part of the shallop in which he went to sea the last summer, with all the appurtenances, in considera- tion of a debt of 15li. that Thomas Very owed Duncan, and gave him a bill of sale. Further, that said Duncan demanded of him the past March, the third part of the boat he sold him, and said Verrin had satisfied him. Sworn in court.
James Babson, aged thirty years, deposed that this last spring, Mr. Duncan sent for Tho. Very to go to deponents' house and said Duncan demanded what said Very owed him. Said Very declared he would not deliver the boat nor pay him until Duncan had given an account of particulars. Mr. Duncan told him that it was all settled and he had his receipt, yet if Very would pay him in twenty-four
t Autograph.
41
RECORDS AND FILES
1663]
Mr. Joseph Hills and Mr. Richard Collicott, attorney to Mr. William Becke, Lionell Copley and others, the adventurers and co-partners in the Iron works of Linn and Brantry in New England,
hours, he would give the particulars and underwrite the account if there were any mistake. Mr. Duncan also told said Very that if he would get a note of Goodman Elwell to Mr. Browne of Salem to discharge him, it would satisfy him, and this Very promised to do if the wind and weather did not hinder, etc. Sworn, May 5, 1663, before Samuel Symonds .*
Steven Glover deposed that he heard Mr. Duncan ask Thomas Harvy for the hire of the third part of his boat, and the latter said that when the voyage was ended, he should have pay for her, as is the custom of the country. Mr. Duncan asked for a note to receive the hire of Goodman Elwell, and Thomas Harvy answered "what nead that, I am sufficient to pay the hire myself when the voyage is ended." Sworn in court.
Steven Glover, aged about thirty-eight years, deposed that he heard Mr. Duncan ask Thomas Harvy to set a time when he would bring the note from Mr. Browne of Salem, and he would not set a time, but said he would do it the next time he went to Salem. Sworn in court.
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