USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 41
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Copy of an agreement, dated Nov. 10, 1657, between Simon Bradstreete, Willm. White, Steven Jurdan and Robt. Crosse that said Bradstreete delivered to them thirty ewe sheep to be divided among them for keeping for three years, they to shear them and pay all cost of keeping; that Bradstreete was to have one-half the wool of the ewes and rams and the increase, and they to have all the wool of the wethers; that Bradstreet had liberty to dis- pose of three or four of the biggest wethers any time within three weeks and of the others at anytime after they were clipped, he to stand the loss of all that die through no neglect of the keepers, either by wolves in winter, or when they have no keeper in summer; the keepers were to report losses at once and were to make what profit they could of the wool or flesh of any that die, etc. Wit : Samuel Symonds.
James White, aged twenty-five years, deposed that the sheep that were in his father's hands were carefully kept, etc. Sworn in court.
Gordg Giddeng, aged fifty-nine years, deposed that being a neighbor to Goodman White, the latter or his daughter were always looking for the sheep if they were but out of sight, etc. Sworn in court.
+ Autograph.
397
RECORDS AND FILES
1667]
Joseph Armitage v. John Mansfield. Defamation. With- drawn.
Mr. Symon Bradstreet v. Capt. Brian Pendleton. Debt. Verdict for plaintiff, 166 hogsheads of salt and two-thirds of a hogshead, eight bushels to the hogshead or 175li. in money .*
Christopher Milton acknowledged judgment to John Griffing.t Henry Haggett of Wenham was freed from training, without payment for time to come.
Rich. Longhorne had his license for selling liquors renewed for a year.
Andrew Peeters had his license renewed for a year, provided he let none drink in his house.
John Prockter, sr., aged seventy-five years, deposed the same as his brother Giddens. Sworn in court.
*Writ, dated 14 : 1 : 1666, signed by Robert Lord,# for the court, and served by John Partridge, constable of Portsmouth, by at- tachment of defendant's house and land, where his son dwells.
Letter of attorney, dated Portsmouth, in Pascataquay river, Mar. 23, 1666-7, Capt. James Pendleton,|| agent for his father, Capt. Brian Pendleton, to John Redman of Hampton, yeoman. Wit: Wm. Vaughan,# and Ric. Stileman,# Scr.
Simon Bradstreete's bill of costs, 2li. 3d.
Jonathan Thing, aged about forty-six years, deposed that in June the last summer, being employed by Mr. Bradstreet to de- mand 100li. worth of salt of Capt. Brian Pendleton, he demanded it of the latter's son, who said it had been paid, etc. Sworn, Mar. 23, 1666-7, before Samuell Dalton,¿ commissioner.
Seaborne Cotton, aged about thirty-four years, deposed that Capt. Pendleton said he was troubled about Mr. Bradstreet not coming for the salt and wondered that the latter would leave it there so long, etc. Sworn, Mar. 23, 1666, before Samuell Dalton,} commissioner.
Brian Pendleton's note to Simon Bradstreet, dated 11 : 5 : 1660, for 100li. to be paid and delivered in Lisbon salt at his dwelling house in Paskataqua river, at 12s. per hhd., accounting eight bushels to the hogshead.
Robert Payne, aged sixty-five years, deposed that about Nov- ember last, he bought French salt at 22s. per hhd., with seven and a half bushels to the hogshead.
+ Cristopher Milton's bond of indebtedness, dated Ipswich, Oct. 17, 1666, to John Griffine of Rowley, to be paid partly by Willyam Starlin and in a good iron pot at price current, two thou- sand board nails and one barrel of good mackerel, on or before Dec. 25. Wit : James Peckert and John Frincke.#
# Autograph.
|| Autograph and seal.
398
IPSWICH QUARTERLY COURT
[Mar.
Frances Wainwrite had his license renewed for one year to sell liquors.
John Sorlah had his license renewed to keep ordinary and draw wine for a year, also to draw liquors provided he suffer no towns- man to drink liquors in his house.
John Sorlah took the oath of fidelity to the country.
Richard Kimball of Wenham was made free.
John Webster was sworn constable of Newbury.
Obadiah Bridges appearing for the crime laid to him by Lidia Browne, court ordered that he appear at the next Ipswich court. Edmond Bridges, sr., and Edmond Bridges, jr., bound .*
Samuell French, for his misdemeanor which he confessed in court, was ordered to be whipped or pay a fine .*
*Examination of Samuel French: That after Obadiah Bridges came out of the room from Lydia Browne, he went in, etc. Taken, Feb. 22, 1666, before Daniel Denison.t
Bond of Samuel French, Ens. Thomas French and Thomas French, jr., acknowledged, Feb. 22, 1666, before Daniel Denison.t Thomas French, aged about thirty-two years, deposed that Bridges told him of his relations with Liddy, etc.
Edmond Bridges and John Bridges testified that Samuel French said after he had been before the Major and taken oath against Obadiah Bridges that he was so scared, never having been before a magistrate before, that he said what he did for fear.
Edmund Bridges, sr., and wife Mary deposed that hearing a rumor that William Warner and Ephraim French were able to wit- ness in this case, they asked the former to tell the truth and he said that the room in which they were was not a private one, etc.
Edmund Bridges, sr., and John Bridges testified that Lidiah Browne said that she never saw any harm in Obadiah except this one time, etc.
Examination of Lydia Browne, taken Feb. 29, 1666, before Daniel Denison :; that about twenty-three weeks since Bridges and French came to the house of Daniel Warner, her father-in-law, in the evening pretending to visit a brother-in-law who was in the house. Her father and mother were that day gone to Boston, and she went into another room followed by Bridges who shut the door and pulled in the latch, etc.
Examination of Obadiah Bridges, taken Feb. 20, 1666, before Daniel Denison:t that he was innocent of the charge and could prove it, etc. Bond of Obadiah Bridges, Edmund Bridges, sr., and Edmund Bridges, jr.
Samuel French deposed that he went out of the room and light- ed a pipe of tobacco, and came back and knocked at the door where
+Autograph.
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RECORDS AND FILES
1667]
Lidia Browne, for her great offence, which she confessed in court, was ordered to be whipped or pay a fine.
Robert Day, Ed. Lomas and Robt. Wallis were freed from ordinary trainings, paying a bushel of Indian corn yearly to the use of the company.
Renold Foster, sr., was released from ordinary training, paying a bushel of wheat a year to the use of the company.
Stephen Swett had his license renewed for a year to draw liquors.
Capt. Paull White had his license renewed for one year to still strong waters and sell by the quart.
John Tod had his license renewed for a year to sell strong water.
Tho. Bishop had his license renewed for a year to sell strong water.
Joseph Alleut, being attached to this court by John Averill and no action entered, was allowed costs.
Stephen Crose, William Andrews and Joseph Gidding, for their great misdemeanors of pulling up bridges at the windmill, were committed to prison until the next lecture day, and after the lecture to be brought forth by the marshal and constables, to sit one hour in the stocks, then to be carried back to prison until they pay a fine of 3li. each. They were also bound to good behavior .*
Bridges and Lydia were, etc. Sworn, Feb. 20, 1666, before Daniel Denison.t
*Killicres Ross testified that John Gidding told him that Thomas Waite, staying at John Andrews' the night that the damage was done, heard the sons of John Andrews when they came from train- ing, Stephen Crose being with them. That they said one to the other "what if Mr Wade should find the winmill post cut in the morneing when he comes he would conclude yt Bishop did it." Further that John Giding said he could have overtaken the men if the bridge had not been pulled up, etc.
John Andrews, jr., being examined, declared that Qorles did the most of the pulling up of the bridge near Mr. Saltonstall's and also confessed that he and Joseph Gidding did the most at the windmill. At Halfield bridge he pulled up one piece of it and laid it down again in the morning, Stephen Crose being in company with them. Also the past spring he was at the Sagamore's grave with Robert Crose, jr., when he was digging it up, and the latter carried the skull upon a pole to a lot where John Gidding was at plow. At first he dug up part of the grave, but later they used hoes.
t Autograph.
400
IPSWICH QUARTERLY COURT
[Mar.
Robert Crose, jr., for his barbarous and inhuman act of digging up the grave of the Sagamore of Agawam and carrying his skull upon a pole, was sentenced to be imprisoned until the next lecture day, and immediately after meeting to sit in the stocks for one hour, thence to be conveyed to prison, there to remain until he pay a fine of 6li. 13s. 4d., and he was also bound to good behavior. It was further ordered that within ten days after, he should bury the skull and bones that can be found or brought to him in the place where it was dug up, and erect a cover of stones upon it two foot high or otherwise to pay a fine of twenty nobles more. John Andrews, jr., was to assist him when called to it by him under the same penalty.
John Andrews, jr., having upon examination freely acknowl- edged the offences charged upon him, was admonished and ordered to make public acknowledgment next lecture day in public in the meeting house, or pay a fine of twenty nobles. He was also to assist Robert Crose in making up the Sagamore's tomb.
Allister Grime was bound for appearance at the next Salem court to answer to the crime of fornication.
John Woolcott, for counselling to steal away a writing from Mr. Nellson, was ordered to be whipped or pay a fine. Thomas Thurlay undertook to pay it.
John Clarke of Wennam was discharged, there being no legal proof against him.
Hugh Smith's estate not being yet divided by any who had power, court appointed Maxemillian Jewett and Leift. Samuell
John Andrews, jr., confessed that he helped dig up the coffin, that he dug about half a foot deep when "my hart misgaue me," and he assisted no further, being heartily sorry for what he had done. Also that he helped do the damage at "the gin where the windmil now stands," for which he repented, etc.
Mary Ring deposed that the same night sticks and stones were thrown at the end of her master Samuell Rogers' house, and going out at ten o'clock she saw three men, whom she thought were John Andrews, jr., Stephen Crose and William Andrews. Sworn in court.
John Gidding, plowing in a field near Perlye's meadow, deposed that the skull had something like brains or jelly in it, and asked them to carry it away but they refused. Sworn in court.
Jonas Gregory deposed that Crose said he would make a grease pot of the skull for his wife, etc. Sworn in court.
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1667]
Brocklebanke to divide the lands into three equal parts, that the said parties concerned in the will might have their proportions, the mother one-third and the children two-thirds. If they could not agree, the court was to determine.
John Wooddam and John Tod, having attached John Godfrey, and the actions not having been entered, the latter was allowed costs.
Christopher Lattymour was licensed to sell liquors until the next Salem court, provided he sold none to townsmen to drink in his house.
Joseph Armitage, having attached John Mansfield, and the action not having been entered, the latter was allowed costs.
Thomas Safourd dying intestate, his son Joseph Saffourd, was appointed administrator, and the estate was to be ordered ac- cording to a writing delivered into court and to the testimonies of John Addams and Nicolas Wallis and said Joseph's own acknowl- edgement in court for his mother to have two cows.
Deed, dated Feb. 20, 1666, Thomas Safford of Ipswich, husband- man, for love and affection and his care of said Thomas, to son Joseph of Ipswich, his farm where he dwells, 60 acres, with house, barn, etc., the land bounded on the south by the highway to Mr. Saltonstall's farm, on the southwest by the thick woods, on the northwest by the river and on the northeast by land of Robert Wallis, on condition that said Thomas during his natural life reserve for himself one-half the benefit of the farm to be paid him yearly, or if his wife outlived him, she was to be paid 6li. yearly. Said Joseph was also to maintain Thomas' eldest daughter Eliza- beth during her life unless she thought well otherwise to dispose of herself, and if so, she was to have 20li., also to pay his daughter Mary, 5li., daughter Abigaill, 15li. within three years after his decease. Presented at Ipswich court, Mar. 26, 1667, by Joseph Safford, with testimony of John Addams and Nicolas Wallis.
John Addams and Nicolas Wallis deposed that they were present when Thomas Safford was on his death bed and he said he would have the writing stand, that he had given his daughter Killum five pounds and that he hoped she would not be troubled because he had done something formerly for her, but he would give her one of his heifers, also his daughter Abie a heifer with a calf six weeks old. Sworn in court.
Inventory of the estate of Thomas Safford, taken Mar. 19, 1666-7,
402
IPSWICH QUARTERLY COURT
[Mar.
and allowed Mar. 26, 1667, in Ipswich court: wearing apparel, kitchen utensils, chairs, table and form, rug, beds and their fur- nishings, carpeting, grain, domestic animals; the farm with house, barn and orchard, 200li .; total, 244li. 18s. 6d.
Walter and John Fairefield, petitioning for advice concerning some land, which was given by their father to their mother and her heirs, court determined that her children were her heirs and the eldest son should have a double portion. Also what was due in reversion, if recovered, to be divided as aforesaid.
Mr. Jonathan Wade had his license renewed to sell strong waters for one year.
Moses Pengry had his license to keep an ordinary and to retail liquors renewed for one year.
Mr. Baker had his license to keep ordinary and draw wine and liquors renewed for one year.
Rachell Clenton, complaining to Mr. Symonds of John Clark's lying with her, and upon trial denying it, was ordered to be whipped.
Robert Collings, being very infirm, was released from training.
Court found that the estate of Roger Preston could pay to the creditors 3s. 4d. on the pound, which the marshal of Salem was to allow the ereditors as they came to him either in kind as they were appraised or to the value, he having by order of the court taken the estate into his hands.
Will of Robert (his mark) Mansfield of Lynn, dated Aug. 3, 1664, and proved Mar. 26, 1667, by Henry Rhodes and William Clarke. He bequeathed "to my sonn Joseph Mansfield my whole Acomadation in building lands & meddow, except 3 aeres that I bought of John Deken wch lyeth in the neck by Jo. Ramsdell I bequeath to my sonn John Mansfield att my death two cowes or two heifers in calfe & foure pounds to be payd him out of that three acres in the neck I bought of John Deken as aforesayd and two cowes, or the two heifers to be payd by my sonn Joseph and the foure pounds I bequeath to my son Andrew Mansfield at mine & my wifes death, The bed I vsually lye upon with all the appten- ances and foure pounds, to be payd him out of the three acres of land in the neck wch I bought of John Deken as abovesayd And wheras I give my sonn John and my son Andrew foure pounds a peece, to be payd them out of the three Aeres of Land yt I bought of John Deken, as aforesayd my sonn Joseph, haveing soe payd them: then this three Acres of Land to remaine his for ever wch
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RECORDS AND FILES
1667]
is to be after mine & my wifes decease I will that my sonn Joseph pay vnto M' Laughton 23 shillings I owe vnto him out of the land I bought of John Deken I will that he paye 20s out of that Land yt I bought of John Deken I will that my wife Elizabeth shall have halfe the estate that we liue in dureing the time of her Life also I will yt my wife Elizabeth, have the command of the rest of my goods to her disposeing after my death, Allsoe I will, that I make my sonn John Mansfield my lawfull executor & Henry Rhodes & Nathaniell Hanford my overseers." Wit : George (his mark) Tayler and William (his mark) Clarke.
Inventory of the estate of Robert Mansfield of Lynn, who died Dec. 16, 1666, appraised, Apr. 25, 1667, by Nathaniell Handforth and Frances Burrall, and on Apr. 30, 1667 allowed in Ipswich court: Wearing apparel, beds and bedding, iron, brass, pewter, one close bedstead, chests, joyned table, six joyned stooles, two Bibles, sword and bandeleors; houseing & orchyard, 15li .; 8 1-2 acres, within fence, 42li. 10s .; 3 1-2 acres, without fence, 3li. 10s .; 10 1-4 acres salt marsh, within fence, 51li. 5s .; total, 173li. 17s.
Joseph Medcalfe deposed, 30 : 1 : 1654, concerning the wife of Henry Batchiler, that he met her near his farm, holding up her coats in an unseemly manner, some pigs following her. She said she did not know whose they were. A boy of Goodman Symonds also told him that he saw her upon a Lord's day in his master's lot, etc.
James How, Thomas Medcalfe and Francis Bates deposed that Goodwife Batchiler had several times said that some of Good- man Medealf's and Goodman Howes' cattle would die, some would escape and others would live, and it came to pass as she said, although they all seemed well when she told it.
John How deposed that being at Goodman Batehiler's house about the time his father came to his farm, etc.
James How, John Perly and John How and his wife deposed that during the same summer the herd of cattle that Goodman How kept were exceedingly troublesome and acted in a strange and hideous manner several times, as on a Lord's day morning "all the whole heard Brake out of a fenced yeard and rann with such violence that it amazed all that looked out after them make -. ing a hideous noyse lyke thunder with ratling of cheines to theyr seeming but could p noe meanes be stopped." Also when they were counted there would always be one over. Further Good- man Batehiler went to Goodman How to borrow some draught cattle, but his wife said she was unwilling to do so because she feared there was some evil practice in it. While they were talk-
404
SALISBURY QUARTERLY COURT
[Apr.
COURT HELD AT SALISBURY, 9 : 2 : 1667.
Jury of trials: Mr. Jno. Carleton, James Davis, jr., Rob. Swan, dismissed, Andrew Greley, Wm. Buswell, Ephraim Winsley, Isaac Pirkins, Jno. Cass, Dan. Ela, Abrah. Cole, Benjamin Shaw, Willi. Osgood, Edward Cottle, Jno. Robison, Joseph Davis, Jno. Griffin, Rich. Hubard, Wymond Bradbury, Henry Roby and Jonathan Thing, dismissed.
Grand jury: Henry Roby, foreman, Jno. Dickison, Rodg. Eastman, Jno. Clough, Jarret Hadon, Sergt. Jno. Hoyt, Tho. Warde, Jno. Cleford, Wm. Samborne, Giles Fuller, Tho. Eaton, Michaell Emerson and Sam. Levitt.
Civil cases :-
Edw. Colcord, Wm. Marston and Tho. Deareborne v. Jno. Stanian. Appeal from a judgment of the commissioners of Hampton concerning the spoiling of a parcel of timber which said Stanian had hewn to build a frame for Nath. Boulter, which tim- ber lay upon the westerly side of the mill brook. Verdict for defendant. Court did not concur, so the case falls to the Court of Assistants by law .*
Henry Salter v. John Godfrey. For refusing to give him posses- sion of a certain tract of land lying near Haverhill, about thirty acres, adjoining the lands of Wm. Deale and lying between Hunt- ing hill and the river Merimack which said plaintiff bought of
ing Goodwife Batchiler appeared and asked them why they were speaking of her and seemed very angry, all of which made them marvel. James How, going to Rowley to load hay, put on half a load, with six bullocks to haul it, but coming home the cattle acted strangely, lying down often and at length would not draw the empty cart, etc.
*Copy of record of the meeting of the commissioners of Hampton, 13 : 12 : 1666, in this action, with judgment, made by Samuell Dalton,t commissioner.
Copy of bond of Edward Colcord, Will Marston, jr., Tho. Dear- born and Rich. Oliver, dated 13 : 12 : 1666, made by Samuell Dalton,t commissioner.
Henery Robey, aged about fifty years, testified that he heard Ed. Colcord say that if Nathaniell Boulter improved the land made over to Christopher Palmer, said Colcord would cut it, etc. Sworn, 13 : 12 : 1666, before Samuell Dalton,t comis.
t Autograph.
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RECORDS AND FILES
1667]
defendant, as appears by bill of sale. Verdict for plaintiff. Ap- pealed to next Court of Assistants. Jno. Godfrey and Steven Kent bound .*
Phillip Lewis, assignee of Jno. Cass v. Christo. Palmer. Debt. Verdict for plaintiff. To be paid in codfish, corn and neat cattle. Appealed to the next Court of Assistants.
John Godfrey v. Jno. Remington, jr., and Abigail, his wife. For denying and refusing to yield up possession of a house and lands in Haverhill, as per deed of mortgage. Verdict for defend- ant. Appealed to next Court of Assistants. John Godfrey and Steven Kent of Haverhill bound.
Jno. Godfrey v. Abraham Whiticker. Debt. Forfeiture of a bond. Verdict for defendant. Appealed to the next Court of Assistants. Jno. Godfrey and Steven Kent bound.
Jno. Godfrey v. Willi. Symons. Forfeiture of a bond. Ver- dict for plaintiff.
Jno. Godfrey v. Willi. Symons. Forfeiture of a bond.
Wymond Bradbury v. George Carr. Debt. For goods de- livered, as planks, boards, beef, cotton, wool, nails, spikes, ropes, shot, lead, okum and oars. Withdrawn.
Wymond Bradbury v. George Carr. Debt. Withdrawn.
Henry Roby v. Edw. Colcord. Defamation. For calling him base rogue and other reproachful words. Verdict for plaintiff. Defendant was to pay a fine or make acknowledgment of his fault the next lecture day at Hampton.
*Edward Eyeomans and wife Mary deposed that Henary Salter, being at their house, urged John Godfrey to sell him some land that the latter had of Edward Clarke at Haverhill by execution served by Marshal Drack of Hampton. Godfrey replied that he did not wish to sell because he did not know how much there was of it, but if there were only six acres Salter said he would give the four pounds, and agreed not to sue Godfrey whatever the land proved to be. Sworn, Mar. 26, 1666, before James Davise and Henry Palmer, commissioners of Haverill.
Deed, dated June 13, 1664, John (his mark) Godfryt of Ipswich to Henry Salter of Charlestowne, for 4li., thirty acres "laying downe the great river about hunting hill, william Deales land laying upon one side of it," which land was taken by execution from Edward Clarke, etc. Wit: Stephen Kentt and Robert Ford.t Acknowledged, Nov. 14, 1664, before Richard Russell .; Recorded in Norfolk County records, Apr. 8, 1667, by Tho. Bradbury, t rec.
t Autograph. ĮSeal.
406
SALISBURY QUARTERLY COURT
[Apr.
Henry Roby v. Edw. Colcord. Molestation. For troubling him with many vexatious suits. Verdict for defendant.
Henry Roby, in behalf of the town of Hampton v. Jno. Ful- sham, sr., of Exeter. Trespass. For conveying away some hay belonging to the town of Hampton and laying claim to certain meadows belonging to Hampton. Verdict for defendant. Court did not concur, and it was referred to the Court of Assistants .*
Nath. Boulter v. Edw. Colcord. Defamation. For saying that plaintiff had caused one to take a false oath and afterward sold him his oath again, and he further added that he would not have his friends troubled by such a rogue as Boulter, which words were spoken publicly before more than twenty men. Verdict for plaintiff.
Nath. Boulter v. Edw. Colcord. Unjust molestation. With- drawn.
Nath. Boulter v. Ed. Colcord, Wm. Marston, jr., and Tho. Dearbourne. For cutting and spoiling a parcel of timber which Boulter had felled and drawn together to build a house on the westerly side of mill brook. Verdict for defendants.
Jno. Maxfeild v. Jno. Cole. For claiming and making use of that parcel of meadow which was laid out to the original right of defendant in reference to the cow common, which right Cole sold to Jno. Severans, and the latter to George Martyn and said Martyn
*Writ, dated Apr. 1, 1667, signed by Samuell Dalton,t for the court, and served by Abraham Drake,t marshal of Hampton, by attachment of the goods of John Foullsum, sawyer.
Christopher Palmer deposed that he told John Foulshum, sr., that there was some hay carried away which Hampton men had cut near the Great pond in the western part of the town, and Foulsham said he had carried some away that it might come to trial, etc. Sworn in court.
John Samborn, sr., and Nathanell Bachiler deposed that being appointed by the selectmen of Hampton six or seven years ago to perambulate the bounds between Hampton and Exeter, they gave notice to the Exeter men to meet them at Asse brook, but they did not appear. The next day John Gillman and John Foulsham, sr., came and they ran the bounds, and the land in controversy was about a mile within Hampton bounds, etc. Sworn in court before Tho. Bradbury, frec.
Bill of cost, 3li. 10s. 6d.
+ Autograph.
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RECORDS AND FILES
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