USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 5
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Tho. Harvy, deposed that he was a boarder at the house of Thomas Verye at Gloster, etc. Sworn in court.
Ossmund Dutch, aged about sixty years, deposed that Peter Duncan read the bill of sale at his house, "and he said is not this a bill of sale but I made him answere that there was twelve poynts in ye law and thomas haruie have aleuen of them; was this Boate ever delivered to you: and he made me answeare that she was delivered before two suficient wittneses; then I made him answeare yt it was sufficient; and he said I will have the boat, & I will have hire for her: for if ye boat had ben cast away I warant he would make me stand to her: then I said you may doe well to free John Clo- from M" Curwine for he is a man sufficient to goe in your boat and he answeared me yt he had b-a third of the boat and I answeared him againe yt he was a man sufficient to goe in ye third of the boat and he said yt he would consider of it." Sworn, 4: 3: 1663, before Samuel Symonds .*
Samuel Duch, aged about eighteen years, deposed that Mr. Petter Duncon came into his father's house, etc. Sworn, 4: 3: 1663, before Samuel Symonds .*
Bill of sale, dated Sept. 29, 1662, given by Thomas (his mark) Harvie,f now resident in Glocester, fisherman, to Peter Duncan of Glocester, merchant, one-third part of the boat, etc. Wit: Thomas (his mark) Very and Steven Glover .* Peter Duncan* promised to release the boat to said Tho. Verie if he brought any
* Autograph.
t Seal.
42
IPSWICH QUARTERLY COURT
[Mar.
formerly known and called by the name of the Iron works of Mr. John Bex & Co. v. Capt. Thomas Savage. The action not pro- ceeding, costs allowed .*
other security than the note of Mr. Browne's, etc. Wit: Tho (his mark) Very and Steven Glover .*
William Venson, aged about fifty-three years, deposed, 5:3:1663, that being at the house of Goodman Ellwell, who was master of the fishing voyage, Mr. Duncan said to Ellwell that he was to have the hire of Thomas Harvie's boat, for he had bought it and had a firm bill of sale for the third part of it, which was Thomas Dick's. Sworn in court.
William Seargant, aged about thirty-six years, deposed that there were fifteen pounds of money due to Mr. Duncan and Thomas Harvy promised to make over his third part, etc. Further that the bill of sale was drawn up by Mr. Duncan and he would have Thomas Harvy set his hand to it, but the latter did not because he said he was unacquainted with the form. Then Mr. Duncan told him they would have to go to court. Afterward deponent saw the bill of sale and Mr. Duncan told him that the boat was his now and asked him if the third part was worth as much as the bill stated. Deponent told him that he thought it was, and he seemed to be much taken with it, etc. Sworn in court.
*Writ, dated Mar. 23, 1662-3, for pretence of a debt of 4,150li. for which Capt. Savage obtained judgment in Sept., 1653, thereby taking the estate of plaintiffs' to the value of 6,000li., and for with- holding the same and extending the execution beyond the judg- ment obtained, etc., signed by Jonath Negus,t for the court, and served by Rich. Wayte,t marshal of Boston, by attachment of the dwelling house of defendant, together with the warehouse and ground and wharf near the drawbridge in Boston.
Judgment: That this cause could not proceed for want of sufficient power, though the plaintiff produced a letter of attorney signed by Mr. William Becke and five others, yet it did not appear to the court that the said six gentlemen were the major part of the owners of the iron works or owners of the greater part thereof; but on the other side it was alleged that Mr. John Bex, who had been a principal owner and manager of said works and at present it was proved that he was owner of seven shares of said works, with several others who were owners, had not signed the said letter of attorney, neither did it appear that the company of undertakers had impowered the said six gentlemen who signed the letter of attorney to act for them; also the attorneys, Mr. Hill and Mr. Cullicut, appeared at the first session of the court, but after the objection made by the defendant to the validity of their power, one of the attorneys did not appear at the second session nor did he send any message of consent to prosecute the action.
* Autograph.
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RECORDS AND FILES
1663]
Mordecha Crafourd v. Thomas Jefourds. For non-performance of an agreement in trimming and repairing a barque. Verdict for defendant .*
Copies of depositions of John Person and Mark Prime, taken 23: 4: 1656, before Samuell Simons.
Jno. Giffard deposed that he had not known of more than eight or nine of the company who had appeared in the action, and that he had often heard from the company and had seen the order which impowered five or three to be sufficient to act for the company in the management of their affairs. Sworn in court.
Capt. Tho. Savage's bill of charges, including services of Wm. Howard, Mr. Gefords, Mr. Reding and Capt. Hutchingson, 9li.11s. *Writ: Mordechaie Creford v. Thomas Jeffords, ship carpen- ter; for non-performance of an agreement in trimming and repair- ing a bark; dated 13:1: 1662-3; signed by Hilliard Veren,t for the court; and served by Thomas Judging, constable of Gloster.
Mordica (his mark) Crafford, of Salem, on 24:4: 1654, gave letter of attorney to Edith Craford. Wit: Joseph Hardyt and Elias Stileman.t
Thomas Jeffords' bill of costs.
William Seargant, aged thirty-six years, and Antony Day, aged about thirty-seven years, deposed that being with Mordica Cra- ford in the twelfth month, 1662, they heard said Craford say that there was no bargain with Thomas Jefford concerning work on the bark, and what he would have for doing it, he did not know. Day further testified that he heard Craford say "I have brought downe my barkque to the french man to doe and I will leve it wth him to doe as he se Cause to doe." Sworn in court.
Benonye Bushopp and Anthonye Daye, ship carpenters, de- posed that they went to work upon said Cravit's vessel at Glocester the past winter, said Bushopp told Thomas Jefford and his mate, who were to mend the vessel, that the larger part of that work which John Beckett and Bartholmew Gidney, ship carpenters, and appointed surveyors of the vessel, found to be defective and in- sufficient, was insufficient and unserviceable. Further said Day heard said Bushopp tell them so, and afterward the ship carpenter's mate said to Bushoff, "we gott you to helpe us & you make us more worke." Anthonye Daye and Alexander Willey further testified that Thomas Jefford demanded thirty pounds for the work. Sworn, 27:1: 1663, before Wm. Hathorne.t
Jeffery Parsons, aged thirty-two years, and Anthony Day, aged about thirty-seven years, both of Gloster, deposed that being at Thomas Jeffords' place of abode, he heard Thomas Jefford ask Mordica if he were satisfied with the work, and the latter said that he was not, that the gunwales were not finished. Then Thomas
t Autograph.
44
IPSWICH QUARTERLY COURT
[Mar.
Mr. Henry Greenland v. Henry Lessenby. Slander. Verdict for defendant .*
asked him if there were anything else to do and said Mordica was silent. "then I Antony Day said to thomas the Carpenter the skiper is not satisfied with the Clamps then we these deponents heard the Carpenter speck to Mordica and said Skipar bringe the barque a shore and I will put the Clamps in and doe anithing elce that you will have done I will not stand with you for three or fouer days worke or a weakes worke you shall not goe away and say youer work is not dunn." Sworn in court.
Anthony Day further testified that the work that was deemed insufficient, that is, the clamps might have been done had the vessel been brought ashore, according to the carpenter, Thomas Jeford's order, but it lay in the harbor about six days after the order was given. Sworn in court.
Thomas Judkin, aged about thirty-two years, deposed that he heard Craford say that there was no bargain, but he had brought her down for him to trim and to do what needed to be done, etc. Sworn in court.
"Mordecay Crauet we: hoose names ar under writen being Required by warent suruay your barke which we have acordinly done we shall: Leaue: to the Judgment of the hon'ed Court wt we shal haue for our pains: your selfe: Informing the Court of the time spent therin It is to be understood yt our: deposition is given upon It 21 : 1:63.
"Ye mark of A anthonye day.
"John Beckett t
"Bartholmew Gedney." t
*Writ: Mr. Henry Grenland v. Henry Leasenby, servant to Richard Dole; slander or defamation; for saying that Mr. Gren- land and Mr. Cording were at Hampton together and that they offered five shillings to a man to help them to a couple of women, etc .; dated Mar. 9, 1662-3, signed by Anthony Somerby, t for the court; and served by Henrey Jaques,t constable of Newbry.
Hester Bond and Elizabeth Webster deposed as to hiring the men, etc. Sworn in court.
Richard Smith deposed that one time Dr. Cordwing, being at Hampton at his master Goodman Tuck's and Mr. Greenland being also present, it being near midnight or full bedtime, said Cordwing desired deponent to go and get Mary Wedgwood, saying she was the prettiest maid in town, and if she would not come to get Sary Tayler or Mary Wall, as he had a letter in his pocket for the latter. Sworn, 1: 2: 1663, before Simon Bradstreete.t
John Redman, John Barshamt and Morrice Hobst deposed that it was a common report at Hampton that the two doctors, Cordin
t Autograph.
45
RECORDS AND FILES
1663]
Henry Russell v. Edward Leathers. Debt. Withdrawn.
Mr. John Gifford, attorney to Mr. Rowland Searchfield of London v. Capt. Thomas Savage. Withdrawn .*
Mr. Henry Greenland v. Joseph Mussye. Slander. With- drawn.
Mr. Simon Bradstreet v. Isaack Coussen. Debt of 12li. due upon bill obligatory. Defaulted.
Mr. Simon Bradstreet v. Bray Willkins, Sam. Willkins and John Willkins. Trespass. For carrying away a parcel of hay. The jury found a special verdict. Court found for the plaintiff.t
and Grenland, offered the man five shillings, etc. Sworn in court.
John Radmant and Christopher Palmert certified that they heard Richard Smith, Robertt Tuck's man, speak concerning being hired by the doctors, etc. Sworn in court.
Richard Dole deposed that it was a common report at Hampton and Newbery, etc. Sworn in court.
Elisha Elsley deposed that Henry Lesenby said he heard the two doctors proffered the ordinary man's man of Hampton five shill- ings, etc., and Goodwife Rofe told him he should have a care of what he said of Grinland for Grinland owed him "a spleend." Mary Roffe testified the same. Sworn in court.
*Tho. Savage's bill of costs, 1li. 11s.
+Richard Barkert and George Abbott, sr.,¿ testified in the action between Mr. Bradstreete and Bray Wilkinson, that they followed two tracks of a laden cart from Mr. Bradstreete's rick till they come into that way that said Wilkinson had gone with Rich. Barker's hay and saw where they had cut down wood and brush from Mr. Bradstreete's rick to go with it into that way. They followed the said tracts till they came to Goodman Wilkin- son's field and then left them in the cart way leading to his house and when they reached the house they looked purposely around but could find no tracks that had gone that spring beyond his house. They further testified that it could go no other way, there being no other house or farm on this side the river and no possible going over the river at that time without swimming cart and cattle. In the way from Mr. Bradstreete's rick we found hay scattered, and one load newly set by the stony brook which they judged and be- lieved was Mr. Bradstreete's hay, and had no doubt that he who had Rich. Barker's hay also had Mr. Bradstreete's. Rich. Barker further testified that Bray Wilkinson came to him about a fort- night before he missed his hay, when his son and he were loading hay at his rick, and said Wilkinson said that he was in great want
+ Autograph.
46
IPSWICH QUARTERLY COURT
[Mar.
Robert Lord, sr. v. John Godfry. Debt. Verdict for plaintiff. Mr. Simon Bradstreet v. Sarah, widow of John Andrews. For withholding possession of a farm her husband lately lived in, in
of hay and knew not what shift to make. Wilkinson also said that the hay that Rich Barker left would beburned, but Barker replied that it would not be unless somebody played the knave with him and that he intended to take it away. Notwithstanding this, said Wilkinson took or caused to be taken away the hay without the knowledge or consent of said Barker and when charged with it would not own it. Since Mr. Corwyn gave deponent twenty shillings for it and would have given him five pounds because he had been so ill dealt with, etc. Sworn, 4:3: 1663, before Simon Bradstreet,* and on May 5, 1663, in Ipswich court.
Thomas Abott deposed that there was a parcel of hay about three loads, which he helped to get for Mr. Bradstreet at a meadow commonly called Beachin meadow, taken away to said Brad- street's great damage both for want of the hay and the loss of cattle sustained thereby. Mr. Bradstreet was obliged to buy hay at a great rate and much time was lost in sending a team for the hay, not knowing that it was gone. The journey occasioned the loss of the work of two oxen for two months, by reason of their tiring for want of hay to refresh them when they came thither, it being about six miles to the place. Sworn in court.
John Longley, aged about twenty-three years, testified that he lived with Bray Wilkins and he heard Goodman Wilkins say that Mr. Georg Curwin of Salem had brought a load of hay for him, and that it was in Andeavor's meadows. Further that said Wilk- ins' two or three sons with John Gingill went for the hay and the first day they mired their cart and came home without any hay. They went again the next day and the two days following and brought home some hay which deponent saw at night when he came from work, etc. Sworn in court.
John Godfry deposed that coming from Salem with Bray Wilk- ins toward his house, there was some discourse about hiring some- thing of deponent, and the latter told him that it was reported that said Wilkins had stolen Mr. Bradstreet's hay. Wilkins answered that he did not steal it but he took some of it, for it would have been burned or spoiled and it would be better for him to have it than have it spoiled. Sworn in court.
Special verdict: They found that in the year 1661, Mr. Brad- stret had two parcels of hay in the Beching meadow which were lost and the evidence showed scattering of hay to stong brook and two or three loads of hay like those lost were found at Goodman Wilkeson's house, etc. If the evidence be legal, they found for the plaintiff, if not, for the defendant.
* Autograph.
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RECORDS AND FILES
1663]
which plaintiff had a right. Verdict for plaintiff. Sarah An- drews resigned possession in court, save her own interest.
John Sorlah had his license renewed for a year to keep an ordinary and to draw wine and strong water.
Joseph Allen and Mary Allen, appearing before Mr. Samuell Symonds, and declaring their willingness to live with Capt. William Gerish during the time of their indentures, the court allowed it.
Whereas administration was granted to Mary Balch on the estate of her late husband Jo. Balch, and the Salem court in the fourth month, 1662, divided the estate between said Mary Balch and Mary, the daughter of John Balch, deceased, and now said daughter being deceased, it was ordered that Benjamine Balch, after the end of seven years, should enjoy all the lands that be- longed to said John Balch, 50 acres more or less, the said Mary to enjoy all the improved land, upland and meadow, during the term of seven years.
Capt. Paul White had his license renewed for a year to still strong waters and retail by the quart.
Stephen Swett's license was renewed for a year to keep an ordinary.
Mr. Moses Maverik had his license renewed for a year to sell strong waters.
Richard Longhorne was licensed to keep an ordinary for a year and draw wine and liquors by retail during the pleasure of the court.
Lieft. Samuell Brocklebanke was sworn clerk of the market.
James Davis was sworn clerk of the market for Gloster.
Peeter Nash acknowledged judgment of 4li. 5s. 9d. to Mr. Philip Nelson.
James George acknowledged judgment of 4li. 10s. to Moses Pengry.
Mr. John Emerson, William Hascall, James Stevens, Philip Stainewood and James Davis, all of Gloster, were made free.
Henry Greeland was charged with several times soliciting Mary, wife of John Roffe, to adultery, especially on one night when he came into her own house to bed with her to her great affright. Said Greeleland desired to be tried by a jury, which request was granted, and they found him guilty. Court sentenced him to prison to remain until the next session of court and then to be whipped, unless he pay a fine of thirty pounds. Greeland was
48
IPSWICH QUARTERLY COURT
[Mar.
bound to good behavior. Capt. Walter Barfoote and George Gouldwire, sureties .*
*"Sr
"Mr. Greenland hauing his wife come over is desirous to with- draw his appeale, & yet is not willing to endanger the forfeiture of his bond especially his sureties, I told him if he did submit to the sentence of Ipswich court, and could procure the consent of the Judge of that court to withdraw his appeale I did suppose he might save the forfeiture of his bond he desired me to signify my opinion to yourselfe that so if you & M' Woodman are like minded, he may have that assurance that may direct him how to act, he will more fully impart his desires & reasons then is necessary for me to doe, hastily I rest
"Yrs "Daniel Denison."t
"Ips: Aug. 26, 1663.
"I assent to what is above written
"August 26th, 1663
Samuel Symonds."t
"I do likewise Asent to what is Above written, Auguste 27th 1663 "p Edward Woodman."t
Letter addressed: "For the Honord M' Samuel Symonds, these." Mary Rofe's petition :
"I would desier the honord Court to here me a few words. I am a poor young woman and in an afflicted Condition. My hus- band not being with me: he Litl knowing the trubls I haue met with: being a verie Louing husband to me as anie young woman Can Expect and provided for me in his absenc that I might liue Cherfully as he thought and want for nothing therefor he went unto John Emeris house and got John Emeri and his wife to be willing to let ther daughter Elizabeth Webster to Com and liue with me and to lye with me untill he Cam whom again: but by the prouidenc of god this fel out to be hurtfull to me: she was to worke for hir self and diat hir selfe: and by this means I was occasioned to go often with hir to hir father Emeris house about his victualls and John Emerie promist to be | as || a father to me and a frend and Called me daughter and I him father: and I was often merily disposed as young persons use to be genrally but no uncivell Carig as goodman Emerie and his wife have both acknow- ledged.
" But so it fell out in the Intrim this Mr grenland Com to live in John Emeris house: and this becam a snare to me and Cordin likewise frequenting grenlands Companie at that house: and I haue bin a salted by them and not only so: but grenland have Labored with manie of my naibours to posesse them that I am as
t Autograph.
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RECORDS AND FILES
1663]
guiltie as he and sais he can proue it. I hope it may apeer to the honored Court that not on of my naibors in all the toune nether neer nor further of Can say they saw anie uncivell Carridg or hurt by me in ther liues: and what wittnesses he will bring I know not: what so Euer thay be this is my Comfortt that I Can say in the psents of god and before his peopl with a good Concienc that nether grenland nor Cordin nor anie other Man in the world . . . what Euer Aspercions haue bin Cast upon me it is the hand of god that is upon me and I desier to be willing to bere it and I hope It shall be a warning to me in what Companie I com in to henc forward."
mary (her mark) Rofe.
"My Charg for Bringen Mr Greenland before the magstrat and for looken for him is tweleue shilens henry Jaques* Constabl neubry."
Mary Rolfe and Elizabeth Webster deposed "that the first time that Mr Grenland Came to our house John Emerie brought him and Mr Cordin and goody Emerie Came with him and it was late in the night: and John Emerie Came before and asked whether the old man wer a bed and said he would bring the two docters thither: which he did: and about twelve oclock John Emery and his wife went away and left the two docters there: but before John Emerie went away Came Richard Doles boy henerie Lesenbe to our house and John Emerie Charged the boy he should not tell his master who was there.
"hauing Received severall abuses both my selfe and the maide that is with me, we did agree to be still together and to help on another: upon a time the maide had ocasion to go to hir father Emeris house about a pere of bodis shee desired me to go with hir: and when we Cam ther we hering goody Emerie and hir daughter was in the Chamber, we went up and ther was John Emeri likwis and though unknown to us this m' Grenland was in the bed sick as they said: at last thay went down all but goodman Emeri and I: and I thought to speke to m' Greenland about the abuse he ofred to me: before goodman Emerie he formerly pretending to be a friend to me I tooke this opertunitie I siting upon the Chest: but before I Could speke, mī grenland Called me to speke with him, I bid him speke but he said I should Com neerer to speke in privat: but I said here is non but goodman Emerie but he Ernestly desired me to Com neerer, so I came and he Catched me by the apron and broke my apron strings and I gaue way to saue my apron and he Caught me by the arme and pulled me . .. then I said sir I wonder you ar so unciuell . . then I Called to goodman Emerie and asked him if it wer not an unciuell part: then Mr Grenland said if his landlord would say it is an unciuell part he would let me go: but goodman Emerie made no answer but Laught nether would he help me . . . though I spoke to him: but with striving I got from him and went downe out of the Chamber: after *Autograph.
50
IPSWICH QUARTERLY COURT
[Mar.
this Mr grenland Came down: and John Emerie Invited us to supper and when M' Grenland and we wer sett down to supper and while John Emerie was Craving a blesing and before John Emerie had half don Mr grenland put on his hatt and spread his napkin and stored the sampe and saide Com Landlord light supper short grace.
"After supper ther was a great del of Rude and unciuill discors mr grenland speking that if hes wife should dy he would not marrie . .. he had a pretee young wife . .. This besid a greet del of such lik discourc ther being John Emeris young son and daugh- ter and his wifs daughter and William Neffe and divers others."
Will. Neafe deposed that being at John Emery's that night, which was five nights after Goodwife Rolfe accused Mr. Grinland, she and Elizabeth went up into the chamber. After they had been there awhile, Jo. Emery came down and after him Goodwife Bond, Goodwife Emery and Elizabeth, and a good space after came Goodwife Rofe and Mr. Grinland. At supper she was so loving that she and Mr. Grinland ate out of one dish and with one spoon. Sworn in court.
"Greenland when he Cam to John Emery's house got a vesel of strong licker and often was merie and urged me to drinke and tould me if I would not drinke it he would poure it in and on tim did: and urged me often.
"on tim John Emris wife sonn nathan webster Cam for me and bought a horse for me I asked the boy what to do I not being willing to go: the boy said he did not know unless it wer to drinke strong licers betie was ther and had it but I did not go."
Barbri Elsly deposed that she heard Goody Emeri say that her daughter Elen did belie her own father and that she could not trust her about anything. Wiliam Ilsly,* aged about sixteen years, testified the same. Sworn in court.
Peeteer Cheney deposed that being accidentally at Goodwife Rolfe's, she persuaded him to go with her to talk to Goodman Emory, for she said her mother knew about Mr. Greenland. When she went in she said "father emorey: if you doe not stand my freend I am quite ondun: goodman Emory replied: if you haue dunn so I Cann not helpe it," and she persuaded Goodman Emorey to see her mother, etc. Sworn in court.
Henri (his mark) Lesenby, aged about eighteen years, deposed that the beginning of last January, he came by the house of John Rolfe about eleven or twelve o'clock at night and heard a shriek so he went straight into the house. He asked Goody Rolfe what was the matter and she said nothing, but he went to the bedside because he thought there was somebody there. "I saw the hed of a man and felt him and I did know it was Mr. Greenland so the woman and I went out adore to Consider what was best to be don so we thought becas he was a stranger and a great man it was not
* Autograph.
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RECORDS AND FILES
1663]
best to make an up Rore but to let him go away in a priuat maner and first to speke of it to som friends and further sª there was a light in the roome & I knew him by his face & saw his clothes lye upon a box by the bedsyde." Sworn in court.
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