USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 42
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1667]
to said Maxfeild. Verdict for defendant. Appealed to the next Court of Assistants. Jno. Maxfeild and Jno. Severans bound .*
James Davis, jr. v. Robert Swan. For burning his hay and grass last summer. Verdict for defendant.
In the presentment against Edward Colcord, Wm. Marston and Tho. Deareborne, the jury found them not guilty.
Jno. Severans v. Robert Downer. Review. Concerning mow- ing the grass of his meadow and carrying away the hay, challeng- ing his three acres of meadow, adjoining the meadow lot of widow Willix in a place called Bareberry meadows in Salisbury. Ver- dict for defendant. Appealed to the next Court of Assistants. Jno. Severans bound.
Capt. Pal White v. Jno. Weed. Debt. Verdict for plaintiff.
Capt. James Pendleton, agent and attorney for Capt. Bryan Pendlton v. James Pecker and Tho. Davis. Debt. Verdict for plaintiff.
Jno. Hoyt, jr., took the oath of fidelity.
Jno. Hoyt, jr., having been chosen by the new towne of Salis- bury to keep the ordinary, was confirmed, and licensed to sell wine and strong waters for the year ensuing.
Sam. Felloes was sworn clerk of the market for Salisbury.
James Davis, jr., Tho. Lilford and Tho. Eaton took the free- man's oath.
Sergt. Jno. Hoyt and Sam. Fowler were freed from all trainings, allowing ten groats per annum to the military company of Salis- bury.
Isaac Chase chose his brother, Tho. Chase, to be his guardian and the court confirmed it.
Willi. White, Capt. Pike, Rich. Wells and Jno. Severans took the three men's oath.
Daniell Ela was licensed to keep the ordinary for Haverhill for the year ensuing and to sell wine and strong water.
Rich. Currier was chosen clerk of the writs for Salisbury new towne.
Rich. Currier was sworn viewer of staves and measurer of boards for the old and new town of Salisbury.
*Bond of John Cole and Robert Pike, dated 5 :2 :1667, for said Cole's appearance, given to John French, constable of Salis- bury.
408
SALISBURY QUARTERLY COURT
[Apr.
Richard Currier and Thomas Barnett took the three men's oath for ending small causes in the new town of Salisbury for the ensu- ing year.
Ordered that the estate of Thomas Hauxworth, deceased, some- time of this town, be committed to the improvement of Oneze- verous Page, who married said Hauxworth's daughter, who was to provide for the maintenance of the relict of Hauxworth, his wife's mother. Page had power also to exchange or sell part of the estate, with the approbation of Tho. Bradbury and Ric. Wells. If his mother-in-law proved more than ordinarily burdensome to him by reason of her age and other infirmities, the town of Salis- bury should afford timely help.
Copy of all causes ended, Dec. 20, 1666, before Samuell Dalton,* commissioner :-
On 26 : 10 : 1665, John Redman, sr., and Abraham Drake com- plained against Dennes Kellam for swearing two wicked and pro- fane oaths in Hampton, and said Kellam confessing, was fined 20s.
On Mar. 5, 1665-6, John Marrian complained of Abraham Per- kins, jr., for pilfering, stealing a beetle and three wedges from his land, and when the beetle was found with him, he had lied, saying he had bought the beetle ring of the smith at Pascataqua. He was fined 20s.
On Apr. 28, 1666, Owen Sipple, servant to Mr. John Gillman, was fined 10s. for abusing himself with drink in the town of Hamp- ton.
Copy of the willt of Thomas King of Exeter, dated Mar. 11, 1666-7, and proved 9 : 2 : 1667, at Salisbury court, by Mr. Sea- born Cotton and Saml. Dalton. He bequeathed "unto Miria[m Kling my beloued wife for the terme of her [naturall] life my dwelling house and Barne and all the houses [being and standing] upon my lot with all my Lands and medows in the Towne of Exeter Excepting what I shall by this my last will otherwise dis- pose of, and the same to be and Remaine unto her duering her [na]turall Life or her mariage to [some other man] and if she shall dispose of herselfe in mariage that then she [shall] enjoy only one third part of my houses and Lands. That after my wifes decease my sd houses and Lands in the Towne of Exeter meadows and marshes and other privilidges and appurtenances I doe by these preasence Giue and Bequeath unto Jonathan Thing of Exeter and my Cosen Henery Moulton of Hampton for the use and benefit of his second son that shall liue and arive unto ye Age of twenty one yeares the one halfe of all aboue written to him his heires and
* Autograph.
¿ Portions in brackets are supplied from Norfolk records, Essex County Registry of Deeds, Vol. II, p. 80.
409
RECORDS AND FILES
1667]
Mr. Jno. Carleton, presented for striking Rob. Swan several blows wounding him and giving him threatening words, was fined.
Rob. Swan, presented for striking Mr. Jno. Carleton several blows, was fined.
Tho. Mudgett and Jno. Maxfeild, for felling and carrying away timber off men's lots in a felonious way, were each fined 20 shillings, it being their first conviction.
Isaac Morrell, for felling and carrying away timber off men's lots in a felonious way, was ordered to be whipped ten stripes.
Mr. Dearing was licensed to keep the ordinary for Hampton for the ensuing year.
In the complaint of Wm. Holdred v. Jno. Ilsley, the court found some truth in that said Ilsley's children had been beating Holdred's daughter, and ordered Ilsley to pay costs of court.
Willi. Osgood, Leift. Phillip Challis, Ensigne George Browne, Mr. Jno. Samborne and Mr. John Gillman were appointed a com- mittee to consider what county bridges were necessary to be made belonging to Salisbury, old and new town, Haverhill, Hampton and Exiter, also to determine what kind of bridges and the cost, whether the expense be paid by the county or the several towns, and to make a return at the next Hampton court.
Assignes forever and the other halfe to Jonathan Thing as in abouesd his heires and Assignes for ever
"I Giue and bequeath unto my Co[sen Christian Dollh[off] twenty acres of Land in the Town [of Exe]ter out of thirty acres lying from Henry Magoons Land over Rocky hill to the Bridg ward and two acres of the swamp over the little River which is now cleared and made meadow after my wifes decease or mariage. I doe Giue unto William Willy my servant fifty acres of Land which I formerly pmised him and I doe also Give him what farther time I haue in him by Covenant And for my Cattle and houshold Goods and Debts and other moveables (my Just Debts being first paid) I comit the same to my wife duering her natural life or Mariage and in Case of Marying shee to enjoy only one third part of the same of which Debts my will is that [John Moulton] shall haue ten pounds after my decease towards his building a house and Christian Dolhoff ten pounds when he shall setle and build
"And my will is that after her decease, ye sd estate of moueables bee divided into three parts or in case that my wife should dis- pose of her selfe in mariage that then the two thirds shall be divided accordingly viz one third part unto my Cosen Henry Moulton and one third part to Jo[nathan Thing] and one third
410
IPSWICH QUARTERLY COURT
[Apr.
Jno. Hoyt, jr., was dismissed from all trainings until such time as he should be cured of his infirmity.
Rodger Collins was licensed to set up the stilling of strong waters within the County of Norfolk.
The committee appointed to order Brey's estate of Exiter, late deceased, was continued until the next Hampton court.
Jno. Severans had his license renewed to keep the ordinary for the town of Salisbury.
The constable of Hampton was ordered to deliver "the cheines wch are in his hands to Nath. Boulter: wch are in his costody taken by Searche."
Allowed ten shillings to the servants of the house.
COURT HELD AT IPSWICH, APR. 30, 1667, BY ADJOURNMENT.
Christopher Millton acknowledged judgment to Daniell Hovey.
John Dane, sr., was released from training, paying 6s. 8d. per annum to the use of the company.
John Leigh, presented for working in his swamp on the Lord's day, was discharged when upon testimony it was found that it was to stop the fire from doing harm to himself and others.
part to my Cosen [Christian Dolhoff if the sd Jonathan and Henry] shall see [that he setle himselfe] in some puable way [of good Husbandry and] the said third part together with the twenty acres of Land formerly mentioned to be and remaine unto the first childe which he the sd [Christ]ian shall haue by my Cosen Rachell his [present wife] And I doe by these presents Nominate and Apoint my loveing Cosen Henry Molton and my [Neighbor and Contryman Jonathan] Thing to be my lawfull Executors to this my last will and Testament who are to take efectuall Care of my estate after my decease and to see that what I [leave] to my wife [may be so] managed [and impued as that my wife may live com- fortably and that the sd estate may not be] wasted [and] imbezeled and it is intended that the twenty acres of Land Given to Christian Dolhoft and the fifty acres of Land Given to William Willy to be to their use and improvement Imediately after my decease." Wit: Seaborne Cotton and Samuel Dalton.
Henery Lampery, aged about fifty years, deposed that going to Salisbury on May 29, he saw Edward Gouf bring a cow into the highway and deliver it to Abraham Fitts, etc. Sworn, June 21, 1667, before Robt. Pike,* commissioner.
* Autograph.
411
RECORDS AND FILES
1667]
Maximilian Jewett, Leift. Samuell Brocklebanke and Ezekiell Northend, appointed at the first session of this court to make equal division of the lands that were Hugh Smith's, made return. But the parties concerned came into court and presented an agree- ment that may be as good for the children of said Smith, and court accepted it and confirmed the rest of the land to Jerimiah Elsworth.
Will of Hugh (his mark) Smith, dated 19 : 9 : 1655, was proved, 25 : 1 : 1656, in Ipswich court. He bequeathed to wife Mary to have the whole estate for the bringing up of the children as long as she remained unmarried, but if she marry to have her thirds. She was also to have 5li. for the bringing up of his youngest son, and the eldest son was to have half as much more as the others. Wit: Thomas Dickanson, William (his mark) Jackson, John Trumble and John Pickard.
Inventory of the estate of Hugh Smith, taken 14 : 10 : 1655, by Joseph Jewett and Thomas Dickanson, and allowed, 25 : 1 : 1656, upon oath of Mary Smith, the widow: One mare, 15li .; one asse, 4li. 10s .; foure sheepe, 3li. 15s .; two oxen, 14li .; five cowes, 19li .; one cow & a bull, 7li .; two heifers, 7li .; six calves, 9li .; one sheepe, 4li .; eight swine, 6li. 10s .; house & barne & 6 acres of land & orchard, 40li .; seaven acres of land & one halfe in Bachelour's plaine, 22li. 10s .; two acres & a quarter of Land in the new plaine, 4li. 10s .; eleven acres of meddow, 20li .; foure gates for cattell, 4li .; one gate more, Ili .; wheate & Rye, 8li. 10s .; Indian corne, 4li .; eleven score & 14li. of wooll, 14li. 12s .; thirty pound of sheepe wooll, 2li. 5s .; one paire of looms with tackling thereto, 1li. 10s .; one musket & two swords & one pouch, 1li. 10s .; one great coate, 1li. 10s .; one short coate, 6s. Sd .; one dublett, 12s .; one paire of cloth breeches, 8s .; one Jerkin, 12s .; one fustian dublett, 5s .; one short coat & payre of breeches of white cloth, 10s .; one paire of bootes, 17s .; one sute of leather, 18s .; one hat, 6s .; one fetherbed & bed clothes & a bedsted, 6li. 10s .; a trundlebed & clothes, 2li .; one Rugg in the bay, Ili .; one warmeing pan, 8s .; another bed & clothes, 1li. 10s .; one cart & one plough & chaynes, 3li .; hay, 4li .; kettells, potts, tubs, one Chirne & pewter, 5li. 10s .; wheeles, chaires & cushens, 10s .; total, 244li. 14s. 8d. Debts owing by him: to the children of Goodye Elitrop, 12li. 17s .; Mr. Jewett, 11li .; Elder Rayner, 11li .; John Tod for woole, 10li .; John Tod for beere & cakes, 1li. 10s .; Thomas Wood for a coffin, 9s .; James Barker, his apprentice, 5li .; total, 51li. 16s.
412
IPSWICH QUARTERLY COURT
[Apr.
William Quarles, presented for pulling up the bridge on the road, was fined and imprisoned until the last day of the week at night and bound to good behavior.
Ezekiell Woodward, for his great offence in affronting the con- stables in the execution of their office, was fined or to make a public acknowledgement next lecture day. He chose the latter .*
Thomas Bishop was fined and ordered to make a public acknowl- edgment for speaking reproachfully and defaming the court con- cerning their proceedings with and against the prisoners last court.f
Robert Coker and Moses Spillbury were allowed witness fees in John Godfrye's presentment, and the constable of Newbury was allowed costs.
Samuell Roberds and John Roberds were bound for said Samuel's appearance, and Josias Clarke and Thomas Clarke, sr., for said Josias' appearance, at next Ipswich court to answer about stocks.
The treasurer's account showed that the county was debtor 9li. 8s. 10d., and that there was due to the county 637li. 7s. 3d. for Quakers' fines.
*Robert Pearce testified that when those four were in the stocks, Goodman Woodward said to Goodman Layton "what will you breed a mutanye and if you had stroake me I would a laid you ouer the head." Sworn in court.
John Layton and Theophilus Wilson deposed that attempting to see the sentence of the court executed and speaking to the com- pany present to keep further off, Goodman Woodward said it was the King's ground, that he had a right to stand there as well as they and if they thrust him again he would set them further off. Sworn in court.
Cornett Whipple and Robert Lord, sr., deposed that speaking of the prisoners then in prison, Steephen Crose, Will. Andrews, Robert Crose and Jos. Giddens, Thomas Bishop said it was a very hard sentence and it was to punish the innocent and let the guilty escape, also to punish with fines and imprisonment was to punish their parents and not them and that they were not punished for any offence but because they would not confess that they did not do it. He also said that they would better have given them a little of the whip, adding that it was the simplest thing he ever knew. This was spoken in the meeting house in their seat before meeting. Sworn in court.
Daniell Epps deposed. Sworn in court.
413
RECORDS AND FILES
1667]
COURT HELD AT SALEM, JUNE 25, 1667.
Judges: Worshipfull Mr. Symond Bradstreet, Mr. Samuell Symonds, Major Danyell Denison and Major Wm. Hathorne.
Jury of trials: Jacob Barney, Mr. Jon. Browne, Mr. Joseph Grafton, Mr. Samuel Gardner, Joseph Phippen, Mr. John Gidney, Mr. Will. Hollingworth, Andrew Mansfeild, Math. Farrington, John Davis, James Davis and Walter Fairefeild.
Civil cases :---
Jane James v. Richd. Rowland. Defamation. Verdict for plaintiff .*
Bill of costs of Caleb Moody,t constable of Newbery, dated 9 : 3 : 1666, for summoning Hendry Jackwish, John Smith, a Scotsman, who lived four miles from his house, Retcherd Brirs, two miles, Thomas Thurlow, four miles, James Brown, jr., John Godfre, and nine witnesses, Antony Mos, sr., Franses Therlow and his wife, Retcherd Dowell, Hendry Lesenbe, Peeter Cheni, John Willson, John Cromwell and his wife, 19s.
*Writ: Jane James, widow v. Richard Rowland; defamation; for saying that plaintiff came in at a hole in the window in Row- land's house, took him by the throat and almost choked him as he lay in his bed and called her old hag; dated June 17, 1667; signed by Moses Mavericke, f for the court; and served by John Peach, t constable of Marblehead.
Jane James' bill of cost, Ili. 7s. 6d.
Capt. James Smith, aged about forty-three years, deposed that he, Samuell Aborne, sr., and Richard Rowland were in bed to- gether when suddenly the latter screeched, started up and said he was almost choked with the old hag, Goody James, who, he said had come in through a hole in the window and had him fast by the throat, etc. Deponent saw nothing although the room was very bright with the light of the moon. Sworn in court.
Samuell Ebern, aged about fifty-six years, deposed. Sworn in court.
John Furbush, aged nearly forty years, deposed that he had often heard Richard Rowland and his wife call Jane James, Jesable and devil. Sworn in court.
Copy of Salem court record of 31 : 10 : 1667, Erasmus James v. Peeter Pitford; defamation; saying that the wife of Erasmas James was a witch. Verdict for plaintiff. Copy made by Hill- yard Veren,t clericus.
+ Autograph.
.414
SALEM QUARTERLY COURT
[June
Margarett Benett v. Sander Migillegan. Verdict for plaintiff .*
Richard Rowland v. Capt. James Smith. Forfeiture of bond of arbitration. Verdict for plaintiff. Court moderated the bond from 500li to 50li.t
*Writ: Margreat Bennett v. Saunder Migallagan; trespass, done by Migillagan's wife in going into the field and garden of said Bennett, and when bade to go out, striking and wounding her, bringing blood, etc .; dated June 19, 1667; signed by Moses Maver- icke,¿ for the court; and served by John Peach,¿ constable of Marblehead.
Margaret Benett's bill of cost, 1li. 7s.
Ann Deverix, aged about twenty years, deposed. Sworn in court.
Richard Downing and Mary, his wife, deposed that in November last they were in their lot with their mother, Margerett Benet, said Richard being at work within the fence of a little enclosed garden, his wife and mother being without the fence. William Beale's wife, Frances Gilligan and Mary Parnell came in and went through the lot where there was no path, upon which Margerett Benet asked them why they came that way and they replied that they were going to John Devorixes. Margerett told them that she would not have them make a highway through her lot, but they came to the garden fence, which was a high hedge fence set upon turf, and said they would go over that fence. Frances Gilli- gan struck Margarett in the face with her fist, knocking her down, beat her and called her names, and Martha Beale also beat her, until she called for help. Said Downing went around over some rails, pulled Martha off by the waist of her coat and chided her for beating his mother, but as soon as his back was turned she struck her down again, bruising her and bringing blood. Mary Downing deposed that she was prevented from helping because at that time she was very weak and sickly. Sworn in court.
Robert Newman, aged about seventeen years, deposed that being behind the house of his master, John Deverix, he heard Mary Downing crying murder and calling for help, etc. Sworn in court.
Ann Deverex, aged forty-six years, deposed. Sworn in court. +Writ: Samuell Ebborne v. Richard Rowland; slander, in saying that said Samuell forged a letter that was sent home to England; dated Mar. 18, 1666-7; signed by Hillyard Veren,} for the court, and served by Thomas Rix,# constable of Salem.
Writ: Samuell Eborne v. Richard Rowland; defamation, in saying that said Eborne had taken a false oath; dated Mar. 15, 1666-7; signed by Hillyard Veren,# for the court; and served by John Peach, sr., constable of Marblehead.
Execution, dated 1 : 2 : 1667, against Richard Rowland to satisfy judgment granted Samuell Ebourne, 11 : 2 : 1664, signed by Wm. Hathorne.}
# Autograph.
415
RECORDS AND FILES
1667]
Moses Aburne, aged twenty-one years, deposed that being at Marblehead in Richard Rowland's house, he heard Mary Rowland charge Samll. Aburne, sr., with slandering them in saying that they had taken gold out of the house. She seemed to be very angry with said Samuell, who replied, "sister why ar you so troubled: although I spake of it to my brother in private I gaue no Credit vnto it." She answered that she would not own him for a brother, and he replied "No marvel you wil not owne me for a brother seinge you would not owne your owne mother." Further deponent heard Richard Rowland and his wife charge Samll. Aburne with forging a letter in his mother's name to James Smith. Sworn, 20 : 1 : 1666-7, before Wm. Hathorne .*
Judith Groundin, aged twenty years, deposed that Mary Row- land offered Samll. Aburne a bed and told him to take it away. Sworn, 18 : 1 : 1666-7, before Wm. Hathorne,* assistant.
Sarah Randell, aged twenty years, deposed that being at Row- land's house the night of Mar. 16, between eight and nine o'clock, Capt. James Smith came in and inquired for his horse. Rowland said "I pray Brother Come & sitt downe & smoake a pipe of To- bako: he said noe haue a Care of that, to smoake a pipe of tobako I doe not care if I doe, butt to Come neere ye fire I dare nott for feare my sister should speet in my face butt I will keepe fare anuffe," etc. His sister answered that if he would come and drink a cup of small beer, he would be welcome but she had no mind to quarrel. Smith then said he was sorry he said so much, and upon Rowland saying that an honest man would be as good as his word, Smith called him a Welsh cur and a base Welch dog. Sworn, 18 : 1 : 1666-7, before Wm. Hathorne,* assistant.
Henery Smith, aged sixty-three years, deposed that being in the house of Capt. James Smith, he heard Samuell Eborn accuse Richard Rowland of breaking up a chest that was locked, and stealing goods out of it, and doing all in his power to ruin his father, mother and brother Smith. Sworn, Mar. 15, 1666-7, before Moses Mavericke,* and again on 16 : 1 : 1666-7, before Wm. Hathorne,* assistant.
Sary Randol and Judith Groundin deposed that every time Samuell Aborn came to Marvellhead, etc. Sworn, 18 : 1 : 1666-7, before Wm. Hathorne,* assistant.
Writ: Capt. James Smith v. Richard Rowland; for taking possession and occupying certain housing with lands belonging to plaintiff and withholding them; dated 21 : 12 : 1666, signed by Hillyard Veren,* for the court; and served by John Peach,* sr., constable of Marblehead.
Writ: Capt. James Smith v. Richard Rowland; trespass, for coming upon his land at Castle Hill in Salem, making waste of timber, cutting his grass and molesting his tenant for several
* Autograph.
416
SALEM QUARTERLY COURT
[June
years; dated 21 : 12 : 1666; signed by Hillyard Veren,* for the court; and served by John Peach,* sr., constable of Marblehead.
Writ: Richard Rowland v. Capt. James Smith; defamation; for saying that plaintiff was a thief and a liar, and had broken up a chest given said Smith by his mother, stolen goods out of it, and that he would present him at the next court as a liar, also that he had removed the landmarks at Castle Hill several times; dated Mar. 18, 1666-7; signed by Moses Mavericke,* for the court; and served by John Peach,* constable of Marblehead.
Writ: Richard Rowland v. Capt. James Smith; debt; dated Mar. 14, 1666-7; signed by Moses Mavericke,* for the court; and served by John Peach,* sr., constable of Marblehead.
Writ: Capt. James Smith v. Richard Rowland; for carrying away out of the house of plaintiff money, bedding, clothing, etc .; dated Mar. 15, 1666-7; signed by Hillyard Veren,* for the court; and served by John Peach,* sr., constable of Marblehead.
Writ: Capt. James Smith v. Richard Rowland; debt; dated Mar. 15, 1666-7; signed by Hillyard Veren,* for the court.
Writ: Richard Rowland v. Samuell Eborn, sr .; slander; for saying that Mary Rowland had broken up a chest of her mother Smith's, taken a bag of gold from it, and that defendant said if it had not been for Richard Rowland and his wife, that his father and mother would have been alive to this day; dated Mar. 14, 1666-7; signed by Moses Mavericke,* for the court; and served by John Peach,* sr., constable of Marblehead.
James Smith, t Samuell (his mark) Ebbornet and Richard (his mark) Rowlandį, on Mar. 21, 1666-7, agreed to leave all their differences to Major William Hathorne, Mr. Edmund Batter, Sergt. John Porter and Hillyard Veren, as arbitrators. Wit: John Gedney* and Elias Mason .*
Award, dated 13 : 2 : 1667, of the arbitrators, Wm. Hathorne,* John Porter,* Edmund Batter* and Hillyard Veren :* That the whole of Castle Hill bought of Mr. Stillman was to be James Smith's, he paying to Richard Rowland, 20li. before the last day of June; that the stone wall between the land of James Smith and Rich. Rowland in Marblehead shall be the bounds from the swamp to Richard's house, and the fence as it now stands to be the bounds between them there, enough land behind Richard's house in James Smith's yard to be reserved for said Rowland to set up a leanto as far out as his other leanto stands; to have the breadth of two feet of land around that part of his leanto that he may have free egress and regress to build or repair the same; that one half the wall and fence should be maintained by Smith and half by Rowland as set out by William Hathorne and John Porter; that Rowland should deliver the houses and land to Smith, having a week to take his goods out; that for that part of the swamp taken in by the stone wall next to some land formerly William Barber's, looking toward
* Autograph. t Autograph and seal. Į Seal.
417
RECORDS AND FILES
1667]
the town, which is in dispute between the town and them, be left as it is, but they do not allow Rowland a way over James Smith's land except by suffrance; Smith was to pay Rowland what he owed, deducting the rent which Rowland owed, etc.
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