USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 3 > Part 6
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Mary Emery, sr., Hester Bond and Elizabeth Webster testified that they were together at Goodman Emerye's house and Goody Roaf and Elizabeth Webster wagered a quart of sack to be drunk among them. Elizabeth lost and Goody Rolfe would have it drunk at her house the next night. Sack was not to be had, and a quart of liquor was procured instead, so they went down to Goody Rof's to drink the liquor being burnt with water they drank part of it. Then Mary Roafe said she would save part of it until Mr. Greenland came home for she said he seemed to be a pretty man and she desired to be acquainted with him.
James Ordway deposed that he heard Jo. Emery and his wife exhort Goodwife Rofe not to carry herself so lovingly and fondly toward Mr. Grinland. John Emery owned it in court.
Mary, wife of Jo. Emery, also deposed.
Sara Knight,* aged sixteen years, deposed that being at Good- man Emeris to grind some corn to make some samp, Goody Emerie said that Goody Rofe was a lying woman and if she had not ex- claimed against her husband, nobody would have said anything against her. Sworn in court.
Rebbecca Bishop deposed, Mar. 30, 1663, that about Jan. 14, last, "my daughter Sarah told mee shee being at meeting shee saw her sister Mary Rolf sadd & mallencholly her eyes swoln with crying, sighed. Shee asked her what was the matter? Shee wept & saide, shee was so troubled & haunted with Greenland that shee could not tell what to doe. The next day at night Greenland came to my house, (wherfore, I know not) I knowing nothing did kindly entertaine him & haveing a little before Received some kindnes from him I invited him to supper; After supper hee told stories & drank liker till near midnight, & then went away. My daughter. Sarah desired mee to let her goe to her sister Mary yt night, I asked her why shee would goe? Shee saide, I am afraide this man will goe thither to night for shee have been much troubled with him: I told her shee should not goe, But I would Goe my self to morrow, which I did. When I came neer the house I mett her boy with a glass, hee told mee hee was going for licker for the doctour I asked where the doctor was, hee saide hee was within. When I came in, my daughter & both looked saddly. The maids Mother sent for her, & the old man my daughters uncle went forth, I staied neer two houres & Greenland did not goe away: I had no Oppertunity to speak with my Daughter till at length I calld her forth & saide; what is the Reason this man come hither? She saide I know not I would he came Less. I told her I heard things were not well; Shee seemed to feare to tell mee all, But saide, hee * Autograph.
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IPSWICH QUARTERLY COURT
[Mar.
had often with many Arguments inticed her to the act of uneleanes but god had hitherto helped her to resist him & hoped still hee would. She had told him one word is as good as a thousand, The Sinn was odious to her and shee would never be unfaithfull to her husband. I said; will you venture to lay under these temptations & concealed wickednes, you may Provoak God to Leave you & then you will come under Great Blame. Shee answered Mother I know not what to doe; Hee is in Creditt in the Towne some take him to be godly & say hee hath grace in his face, he have an honest looke, he have such a carriage that he deceiue many: It is saide hee is in Credditt with those that are in Authority in the Country: It is saide the Gouerner sent him a letter Counting it a mercy such an Instrument was in the Country, and what shall such a pore young woman as I doe in such a case, my husband beeing not at home. Betty & I have promised to bee faithfull to each other & to help one another.
"I asked her if shee had told her uncle that so hee might bee within. Shee saide if I should tell my uncle it would bee publique I have spoken to him to bee within and will speake more to him with this I was somthing aunswered at present & went away. A little while after I came againe & Greenland was gone, And then my Daughter & the maide told mee all. I beeing much troubled saide; These things are not to bee kept private, wee may Justly Prouoake God, yt further mischeife may follow & then wee shall come under Great Blame: Beside the trouble that will bee to my conscience as long as I live. Shee saide, Mother, I have told you, & Goodman Emery, and hee have promised to bee a father to mee, & hee saith it is best to keep it private seeing there is no harm done, & that hee will looke to him, watch him, & lock him upp at night. I went home much troubled, And knowing Greenland knew it was Revealed I was afraide hee would have done some mischiefe that night. The same night I sent a young man & my daughter Sarah & bade her tell her sister yt these things were not [to] bee kept private, yt Goodman Emery beeing grand Jury-man must present them. In the morning my Daughter Sarah came home and told mee, that Goodman Emery & his wife desired yt I would pass it by this time & they would warrant no more harm should bee done, & if there were they would send mee word, & that their owne Childe was in as great danger. I saide can G: Emery pass it by. Shee told mee G : Emery was coming to satisfy mee about it.
"I Going to my Daughters mett G : Emery, & wee fell into dis- course about it, Hee Advised to keep it Close & warranted there should bee no more harm done. I asked him how hee could satisfy mee soe? Hee told mee hee would lock him up at night, & lock the liekers from him, that hee should not bee drunk. I saide if hee had been drunk hee would have kept his bedd. " Hee told mee thet hee was halfe drunk & then he was worse then dead drunk. I told him hee might come upon them & spoile them both.
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1663]
Hee answered, That was true, I then asked Goodman Emery how hee could dispence with his oath beeing Grandjuryman. He answered, That I cann doe very well, I see no harm in none of them. This discourse was as we were going toward G: Emery's house. Hee desired mee not to speak with Greenland, I told him I did not intend it. When wee came to his house, meeting with Goody Emery, Shee & I fell into discourse about the buisynes. When Shee understood it Shee seemed to bee much troubled, & wished hee had never come to her house, & if they were paide for what hee had shee would hee were gone shee & I went to our daughters & examined them & found the matter more gross than at first. more over Goody Emery told mee that hee saide if Betty . . . shee might lay it to the hatter: I told Goody Emery I dare not koepsuch things as these private upon my owne head, Shee wished mee to doe wisely. I desyring God to direct mee, That night I Revealed all to a wise man in ye Towne desyring his Advice, who did set mee in a way to bring it where now it is." Sworn in court.
Hana (her mark) Noic, aged about twenty years, deposed that Goody Emerie said that she never saw any evil carriage between Mr. Grenland and Goody Roff. Further that Mr. Grenland was a traveler and a stranger and one who was very politic and no fool, and that she loved the woman as her own child and would not do her harm for her hand, etc. She further deposed that Goody Emerie accused her daughter, Betie Webster, of taking a false oath before the magistrate and Betie answered that she had said nothing but what she would stand to. Then her mother told her she lied and had taken her oath to a paper that she had heard read but once. "Betie said I never said so: nor never took oth to Nothing but the truth and that I will stand to the death." Deponent's mother and herself being together at Goody Rof's, they saw the maid Bete Webster much troubled and cry- ing. "My mother asked her why she was troubled she Answered my mother is such a trouble to me I cannot Eate nor sleep My mother ansur was if you have spoken nothing but the truth what need you be troubled." Mary Noyes* also testified to the same. Sworn in court.
Barbri (her mark) Elsly, aged about fifty years, deposed that being at the new town where Betie Webster was, she asked her if it were true that the doctor was in Goody Roff's house, and she said it was. Deponent said, "O Lasse why did you let him in at dore: she answered that he did so Fumbel at the dore she thought he would have broke it open: but she said would we had Lett him haue broke it open for then it is said he would have bin hanged: I said I wished thay had not let him in thoug : she said that he desired but to light a pipe of tobaco and vowed he would not touch them so she said she let him in: I said did not you nor goody Roffe * Autograph.
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IPSWICH QUARTERLY COURT
[Mar.
Richard Cordin was complained of for attempting, on Dec. 9, 1662, to assault Mary, wife of John Roffe in the stable or cowhouse of her mother Bishop. He desired to be tried by a jury and was found guilty. Court sentenced him to prison to remain until the next session of court and then to be whipped, unless he paid a fine of twenty pounds.
se him put of his Clothes before he Cam in to bed: she answered no for she was unreking the fier fore she said she had newly Raked it up and thought M' Grenland had stood behind hir: and she said goody Roffe was a bed feeding her child with her bac towards the fier . . . betie said goody Rofe was so afrighted that she fell into a greevios fitt: then beti said sir what haue you don you have put the woman in to a fitt that she fered whether she would be well to night: and she said he made answer the Devell had such fitts or sent such fitts and it was nothing but a mad fitt. then I asked betie whether he did not give her som Comfortabl thing in hir fitt: and she said no no kind of thing but Railed at hir: betee said when Goody Rofe was Recovred then goody Rofe said sir who haue giuen the ofenc or what ofenc haue I given that you should speke such words: then betie tould me that as soon as he se she Could speke he went in to bed again: then I asked why goody Rofe did not Crie out: Crie out said betie she did Cri out and said lord help me what shall I do he will . . . and she said upon the out Crie or hering the out Crie he Cam in and then I hope her up: morour I said to betie dost thinke she . . . well then said I I am perswaded goody Rofe is an honest woman and so am I said betie," etc. Sworn in court.
¿The complaint against Richard Cording was made by some of the selectmen of Newbery.
Mary Rolfe and Sarah Sculler testified that about Dec. 9, 1662, Goody Bushop being sick, Mr. Cordin was sent for. Her daughter Marie Roffe was there to attend her: "and then falling in to a fitt as manie times she doth Ether by suden Joy or suden fer MI Cordin then acted veri Louingly for hir help: afterward he gaue hir mother a dram of phisick and bid hir sleep but she being in Extremiti Could not sleep then he went to supper and neer two houers after she Could not sleep: then he gaue hir som thing on the point of a knife and said now she will sleep untill the morn- ing: then he desired Marie to show him wher hir horse was: she Answered hir horse was well for he was lookt to all Redy and fed well: he staid a litl while," etc. She went out with him, fearing to cross him, lest he harm her mother, and telling her sister that she would cry out if she were in any danger. In the stable he struck the candle out of her hand and she ran in front of the cows. He charged her to have a care for the cows, and she said she would
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1663]
William Buckly was fined for breach of the peace, upon com- plaint of John Newman, for striking him in his own house and threatening him so that he was in fear of his life.
An inventory§ was presented to court, Mar. 25, 1662, of the estate of John Goyte, amounting to 34li. 6s. Court found that there were six pounds put into the inventory in land that was not his estate, so the inventory should be 28li. 6s.
John Godfry was allowed costs, having been attached by John Singletary in an action of review, and no action entered.
Thomas Jeffords, being attached by Mordecha Crafourd in an action of debt, and no action entered, was allowed costs. And in another action of unjust molestation and no action entered, costs allowed.
John Emery, Elizabeth Emery and Jonathan Singletary were publicly enjoined to appear at the next session.
Whereas the county was indebted to several men who were urgent for their pay and the ordinaries unpaid, the law also pro- viding that the marshals levy the fines by such a time or else pay them out of their own estates, and there being many fines for which the marshal of Salem had had warrant from the treasurer to levy amounting to a great sum, and the court of Salem also having
as soon be gored by the cows as to be defiled by such a rogue as he, etc. She cried out to Sara, and she sent out the negro, and Cordin threatened her if she told of it. Sworn before Daniel Denison .*
William Neaff and Elizabeth Webster deposed that they heard Goodman Roaffe's wife say in their house that "M" Cording was as pretty a Carriadg man as Euer shee saw in hir life," and at another time "that Mr Cordin had given out som words to Mr Greeneland aboute hir miscariadg and further she said if M' Cordin had hold his tonge she would not have Charged anithing uppon him." Sworn, 1:2: 1663, before Wm. Hathorne .*
John Knight, sr.,* deposed that this last summer, he was at his son's house in the evening, and Goodwife Rofe and Mr. Cording came in about an hour and a half after sunset. Sworn before Daniel Denison .*
§Inventory of John Coite : Three cowes, 12li .; 6 swine, 3li .; one Cowe, 5li .; to bedsteds, 10s .; one stere, 5li .; one Chest, 5s .; one sute of Carsie, 1li. 15s .; one chest, 8s .; upland and marsh, 6li .; to hundred of bords, 8s .; total, 34li. 6s.
* Autograph.
56
SALISBURY QUARTERLY COURT
[Mar.
given notice to said marshal to discharge his trust, this court or- dered the said marshal, Samuell Archard, to appear at the next Ipswich court to give account at his peril, and in the meantime to gather the fines and make return.
Allowed the keeper 3li. for his salary.
Ordered that the treasurer pay to Mr. John Apleton and Thomas Bishop for defraying the workmen employed about the bridge, according to the account they have delivered to him, out of the county rate, 56li. 8s. 4d. and the other 18li., as it shall come to hand out of other fines.
Mr. Edward Woodman was sworn commissioner of this court, and also to end small causes at Newbury.
Richard Corddin, upon petition to this court, was released from imprisonment provided he give security to depart this jurisdiction within one week. Mr. Samuell Symonds and Major Genll. Deni- son were ordered to take security.
Capt. Thomas Marshall, Mr. Oliver Purchase and Sergt. John Porter were appointed a committee to set off to Sarah, relict of Corpll. John Andrews, deceased, her third part of her late husband's farm, not meddling with the forty acres purchased of Mr. Price.
COURT HELD AT SALISBURY, 14:2: 1663.
Grand jury: Rob. Page, Ant. Stanian, foreman, Tho. Ward, Jno. Clifford, Morris Hobbs, Ed. French, Jno. Hoyt, John Weed, Jno. Gill, Willi. Buswell, James Davis, sr., Rich. Singletary and Tho. King.
Jury of trials: Abraham Pirkins, foreman, Wm. Fullar, Robert Tuck, Nathanell Wyer, Joseph Fletcher, Robert Ring, Edward Gov, Andrew Greely, Tho. Barnett, Tho. Davis, Robert Swan, Jno. Robison, Richard Bray, Jno. Samborne, Jno. Redman, Jno. Carleton, Dan. Lad and James Davis, jr. '
Jno. Godfrey v. Ed. Clark. Appeal from the judgment of the commissioners of Haverhill, wherein said Clark was attorney, for Whittiker, the plaintiff in the case. Verdict for defendant, the confirmation of the judgment of the Haverhill commissioners. Appealed to Court of Assistants.
John Godfrey v. Ed. Clark. Appeal from the judgment of the co mmissioners of Haverhill in an action in which said Clarke was plaintiff, about summoning him to Salem court and not prose-
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RECORDS AND FILES
1663]
cuting. Verdict for defendant, the confirmation of the judgment of the Haverhill commissioners. The bench did not concur with the jury, and it was referred to the Court of Assistants according to law.
John Godfrey v. Ed. Clarke. Appeal from the judgment of the commissioners of Haverhill in an action in which said Clarke was plaintiff, concerning serving three executions and taking full pay twice. Verdict for defendant, confirmation of the judgment of the commissioners of Haverhill. Appealed to the next Court of Assistants.
Abraha. Pirkins v. Sam. Dalton, in behalf of the county of Norfolk. For traversing a presentment in which he was fined at Hampton court, 1659, and not with legal witness but a witness recorded that is no witness to the crime laid against him. Court remitted the entry of the action.
Thomas Davis v. Jno. Hutchins. For several disbursements, labor and payments about the saw mill at Haverhill that now stands on Little river above Steven Kent's, which disbursements said Hutchins engaged to satisfy, of which mill said Davis held a third part. Withdrawn.
Robert Clement v. Rob. Swan. Debt of eighteen pounds due for a horse about seven years past last Michaellmus. Verdict for plaintiff.
Jno. Hutchins v. Tho. Davis. For disbursements about the saw mill. Withdrawn.
Tho. Davis of Haverhill acknowledged judgment to Capt. Brian Pendleton and Mr. John Payne of Boston, merchants.
Tho. Bradbury v. George Goldwyer. Trespass. For mowing part of his "higlede piglede" lot toward Hampton and for carry- ing away the hay from it, and going about to alter the title of his land. Verdict for defendant.
Joseph Davis v. John Godfrey. For non-performance of a bargain in not delivering plaintiff forty bushels of wheat either at Haverhill or at Nubery, sold him about two years past. Verdict for plaintiff. Appealed to next Court of Assistants.
Joseph Davis v. Peter Edg. For ear-marking a horse colt, which came of a mare which he bought of Jno. Billings. Nonsuited, the cause not arising in this court's jurisdiction.
Joseph Davis v. Natt. Masterson. For defendant and Wigins, his deputy, levying an assigned execution upon plaintiff's goods,
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SALISBURY QUARTERLY COURT
LApr.
and not returning said execution according to law. Nonsuited, the cause not arising in this court's jurisdiction .*
Jos. Davis v. Peter Edg. For unjustly molesting him in Jno. Billings' name, in bringing a hue and cry concerning a mare, which said Davis bought of Jno. Billings. Verdict for defendant.
Capt. White v. Will. Deale. For non-payment of nine pounds, due upon his book for goods. Verdict for plaintiff.
Capt. White v. Joseph Norton. Debt. For goods delivered to him. Half the entry of this action was remitted.
Walter Tayler v. Capt. Walter Barefoot and Robert Tuck. Debt. For forfeiture of a bond of appeal, according to judgment of the Court of Assistants held at Boston, Mar. 3, 1662. Special verdict. If Capt. Barefoot's letter of attorney was legal, and owned by Christopher Palmer at Boston, they found for the defendant, if not legal, they found for the plaintiff. The bench found for the plaintiff.
*John Crocket and John Jemson deposed that in the year 1659 Richard Whitt recovered a judgment at the court held at Yeorke against Joseph Daves and accordingly taking an execution to the value of twenty pounds. Said Whitt assigned his right to Capt. Walter Barfoott and this execution was levied upon Joseph Daves' goods according to the assignment in the said Barfootts' name, otherwise the aforesaid Daves had attached his goods as soon as the officer had levied upon them for the securing of money which said Whitt owed to the said Daves upon account. Further the deponents were present and heard the assignment of the execution read and because there were not goods enough to satisfy the execu- tion, the marshal's deputy levied upon the said Daves' body and kept him prisoner two nights and almost two days until the goods were bought. The goods the execution was levied upon were fourteen sheep, appraised at five pounds, but deponents considered them worth twenty shillings each, they being large sheep, mackerel and thirteen hundred white oak hogshead staves. One Weggens, Whitt's son-in law, was the marshal's deputy, and said Daves was constable, Whitt being under several arrests. Daves desired Nathanill Masterson, marshal of Yourk, to return the execution or to let said Daves have a copy of it and the assignment under his hand, and said marshal said the execution was lost, therefore he could not do it. Afterwards said Daves asked of the clerk of the court of Yourk for the execution, and the clerk answered that it was never returned. Sworn, 14:2: 1663, before Simon Brad- street.t
t Autograph.
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RECORDS AND FILES
1663]
The Worshipfull Mr. Symond Bradstreet, Tho. Clark and partners v. Jno. Gillman and Jno. Fulsham, sr. Trespass. For taking away eighty or ninety thousand boards and planks of said plaintiff at the water side and from their mill. Withdrawn.
Tho. Davis v. Jno. Hutchins. Debt. For beef, butter, cheese and labor which said Hutchins had of said plaintiff.
Rob. Ring v. Town of Salisbury. For refusing or neglecting to deliver to him or his agent his proportion of salt marsh in the first division of "higledee pigledee" lots, belonging to himself and his right of freehold purchased of Jno. Fuller. Verdict for the plain- tiff. To pay a fine or make good his equal proportion of salt marsh for the right of his two lots, within two months. Appealed. Jno. Severans bound to prosecute .*
Edward Yeomans was ordered to have a legal admonition for his non-appearance at Hampton court, having been summoned upon a presentment.
Robert, Swan v. Tho. Davis. For not performing a bargain which he made with plaintiff for half of said Davis' third division of upland which he promised to do.
Ed. Goe v. Town of Salisbury. For refusing to make good a commonage due to him, which he bought of Josiah Cobham, having claimed it at a town meeting and they by a vote denying it to him, as the said Cobham had no right to it. Nonsuited.
Jno. Hoyt of Salisbury and Rob. Drake of Hampton took the freeman's oath.
Moses Worcester chose Richard Wells as his guardian and the court approved. The court also desired said Goodman Wells to take care of Timothie Woster's estate, his land, meadow and housing.
This court ordered that William Keniston, son of Jno. Kenins- ton, the apprentice of Walter Abbitt, shall continue with his said master according to his indenture, which was consented to and
*Copy of the town records of Salisbury, Feb. 26, 1663: Voted to refer to indifferent men to judge whether they have tendered satisfaction to Robert Ring according to the agreement of the town's attorney with said Ring concerning the appeal, and they made choice of Mr. Sewall of Nubery to join - elwrite as judges, and Mr. Jno. Severans as attorney to prosecute in be- half of the town. Copy made by Tho. Bradbury.f
t Autograph.
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SALISBURY QUARTERLY COURT
[Apr.
approved of by the worshipful Capt. Tho. Wiggin and Major Eliezar Lusher at Portsmouth court the last June.
Capt. Robert Pike entered his dissent.
Joseph Davis, presented for buying raw hides, was admonished.
Mr. Tho. Bradbury, Rich. Wells and Jno. Severans took the three men's oath.
Court ordered that the Worshipfull Major Elieazar Lusher take Mrs. Worcester's oath to the inventory of Mr. Worcester's estate presented by her as executrix.
Jno. Severans was licensed to keep the ordinary for the town of Salisbury and to sell wine and strong waters by retail.
James Davis took the three men's oath.
Court desired Mr. Carlton, Mr. Dalton and Mr. Jno. Gilman to audit the accounts between Tho. Davis and Jno. Hutchins and make return to the court.
Old Willi. Marston, being presented by the grand jury at Hampton court for absenting himself from the ordinances on the Lord's days, and the presentment proved, was fined for six Sabbath days' absence. Eliakim Wardall and his wife for twenty days' absence and Jno. Hussey and his wife for twenty days' absence, were fined, one half the number of Sabbaths being abated.
The assignment of Jno. Jonson by Ben. Musey of Rumly Marsh to Moses Gillman of Exiter, and the assignment of Moses Gillman to Robert Jones of Exiter was allowed according to in- denture.
The town of Exiter, presented by the grand jury at the last Hampton court and the presentment found, was fined in case the stocks and pound were not made sufficient according to law, within one month, and the way to the bridge repaired or mended.
Hugh Sharratt was allowed to keep the ordinary for the town of Haverhill and to sell wine and strong water at retail.
Thomas Jonson was ordered to have a legal admonition.
Ordered with consent of Salisbury and Hampton, that Mr. Samuel Dudley, Mr. Ed. Woodman and Mr. Jno. Carleton be a committee to end the difference between the said towns concern- ing their line from Hampton river's mouth to Mr. Batcheller's marked tree, according to the orders of the last committee con- cerning the same. They were to return their report to the next court at Hampton.
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RECORDS AND FILES
1663]
Ordered, with consent of the executor, Tho. Webster, of the will of old Cole,* late of Hampton, deceased, that after all the debts were paid, the said executor should have one half of the estate. The other half was to be given to the widow, and left with the prudential men of Hampton to be improved for her necessary livelihood, who were to account to the Norfolk County court.
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