USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 13
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RECORDS AND FILES
1669]
he was an Apostate & backslider from the truth, that he would sett up a Prelacy & have more power then the Pope, for the pope had his counsell of Cardinalls; that his practice or actings did not tend to peace or salvation, That he was ye cause of all or contention & miserie, that his gray haires would stand where Capt. Gerrish his bald pate would . .. to the great disturbance of or peace both Civill & Ecclesiasticall." Wit: Nicolas Noyes, Ens. Jno. Knight, Tristram Coffin, Tho. Hale, sr., Joseph Mussey and Nath. Clarke. Sworn in court.
Copy of record of Newbury town meeting, Nov. 1, 1665, of which Mr. Woodman was moderator, concerning Mr. Wood- bridg's rates. Also copy of a record of Apr. 25, 1666, Mar. 4, 1666, Mar. 2, 1667 and Nov. 1, 1665, concerning Mr. Parker's and Mr. Woodbridg's rates, etc. Copy made by Anthony Somerby .*
Judgment of Samuel Symonds* and Wm. Hathorne: Having heard the complaint made by members of the church at Newbury against Mr. Edward Woodman, also a member, for speaking against their pastor, Rev. Mr. Parker, and Mr. Woodbridg, "who hath for divers yeares exercised his giufts amongst them," and the testimony on both sides, they found "the matter to be much altered from what the naked words as they are expressed in the writing doe hold forth. We pceive that a great part of that church doe stande for the congregationall way of church government & discipline to be exercised amongst them (which is the way this governmt & churches here doe pfesse to the wholl world to be the way & onely way according to the gospell of Christ), & that it is & hath bene for a longe time a very great bur- then & grievance to them that they have not freedome in that respect (when there is occasion of actings) as by the worde of God they ought to have & other churches have in this country, and at the begining their owne church alsoe quiettly did enjoy for some space of tyme: & that the alteracon hath occasioned much difference & unquiettnes amongst them Court require that all psons concerned on both sides for the future doe use their utmost endeavour to settle truth & peace amongst them: & freely to blame themselves at some convenient church meeting for their errors & miscarriages & actings or unbecoming words in their publig agitacons; and that Mr. Woodman in par- ticular should soe doe."
John Pike* testified that he was present at the church at New- bery and heard the Reverend pastor preach from 18 Matthew, 17th verse, in which he held that the power of discipline belonged to the whole church and that the manner of their join- ing together ought to be by covenant for cnjoining the ordinances of Christ together. He strongly proved his doctrine by many passages in the old and new Testaments. Deponent made some
* Autograph.
124
IPSWICH QUARTERLY COURT
[Mar.
John Chub, for killing Renold Foster's horse, was sentenced to pay 5li. to said Foster and 5li. to the county or else to be whipped. Also to pay Thomas Low 10s .*
notes of the sermon. After the sermon they joined together and chose their pastor Mr. Parker, who accepted the call, and went on with them according to the covenant. Those who afterward joined the church accepted the said covenant, and they were voted upon by hand vote "& soe Continued together louingly a Considerable time of yeares vntill other Doctrine began to be preached amongst vs."
William Titcomb, John Emery, Robert Coker and Thomas Browne deposed that on Lord's day, Mar. 21, 1668-9, after exer- cise, Mr. Parker put this to vote, "That thos that are for the Discontinuance of my cosen woodbridge in the way of Preaching as formerly he hath Done untill further order be taken let them spake. Afterwards m' Parker Exprest thus, thos yt are for the con- tinuance of my cosen woodbridge in the way of preaching as for- merly he hath Done let them expres themselves by theyr silence."
Jams Ordway, Abraham Merill and John Bayly deposed that when Mr. Woodman said that Mr. Parker was the occasion of these contentions "by his apostesey and Declention (he aded) from the Principals that you haue both Preached and Pracktised: and also Proued by the word of god that mens consencis weare ingaged in it that thay canot Depart from it unto this Day." Sworn in court.
Mr. Nicolas Noyse, Capt. Gerish, John Knight and Joseph Mussye deposed that "when the Church expressed they were not ripe to call Mr Jnº Woodbridge to office For the present That at the same time it was by verball exspressions Agreed he showld Continue in preaching to the Congregation many afferming & not one man expressing there dissent in our hearing." Sworn in court.
Richard Bartlet, Jams Ordeway and John Emerey testified that in a public meeting, Mr. Parker said that "for the time to come I am Resolued Nothing shall be brought in to the church but it shall be brought first to mec: and if I aproue of it: it shall bee brought in: if I do not aproue of it it shall not be brout to the church." Sworn in court.
John Emery, sr., John Emery, jr., Abraham Meril and John Bayly deposed.
Mr. Ed. Woodman's plea and the votes concerning Mr. Woodbridge.
*Warrant, dated Mar. 17, 1668, signed by Daniel Denison.t
Abigail Story, aged fifteen years, testified that she was living at Goodman Lowes and was in the room where her master was the morning the horse was hurt, and heard nothing about it ¡ Autograph.
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RECORDS AND FILES
1669]
until after her master had gone out to work. Then John Chub brought in word that the horse was hurt. Martha Low testified the same.
John Chat[er] aged about forty years, deposed that he was at work when John Choub came to him and deponent asked him why he killed Goodman Foster's horse, and he said he did him no harm, neither did his master. When he found the horse bloody, he believed it was done at Goodman Story's or that some cattle had done it with their horns, etc. Sworn in court.
Martha Low, aged twenty-eight years, deposed that she heard John Chub say that when he was before the Major in examina- tion, the Major so looked on him that he knew not what he said, and that if he could save himself by telling two or three lies and turn it to anybody else, he was bound in conscience to do so. Sworn in court.
John Chub, aged about eighteen years, deposed that he went out to fodder his master's cattle and saw Goodman Foster's horse, which afterward lay in the snow most of the day. Fur- ther he said that his master carried no weapon, but there was a pike and a pitchfork about the place, etc. Sworn, Mar. 17, 1668, before Daniel Denison .*
John Burnum, jr., deposed that John Chub said he knew how the horse was wounded, etc. Sworn, Apr. 7, 1669, before Daniel Denison .*
Naomi Wells deposed that Chub said "why should I not cleare myselfe, my master is buter abell to pay for it then I."
Seth Story, aged about twenty-one years, deposed that he was sent by his uncle to view his horse and he opened him and found the wound, etc.
Thomas Walls and wife and Thomas Clougen testified that Goodman Low came to work at a seasonable time the morning the horse was killed, when the sun was a half hour high, etc.
Abigail Story deposed that Goodwife Lowe said to her uncle that their horse had bitten his horse, etc.
Thomas Lovell deposed. His wife mentioned.
John Burnum, jr., son of Thomas Burnum, sr., deposed that he saw Thomas Low, jr., run at Renall Foster's horse with a pitchfork, etc.
Isacc Foster, jr., deposed that he went with his father to Low's, etc.
William Story, aged about nineteen years, deposed, that being desired by his uncle Foster, etc. The horse had a cut in the bladder which was done by some weapon.
Thomas Walls deposed that he lived at Goodman Fostor's the latter end of the last summer, etc. That having occasion to go to Goodman Fostor's, he went in by the way to Goodman Lowes house, etc.
* Autograph.
126
IPSWICH QUARTERLY COURT
[Mar.
John Chub engaged to serve Thomas Low until he be satisfied for his engagement to the court for defraying his fines and court charges.
Mr. Willson was ordered to have 3li. for a year's salary for keeping the house of correction.
Wm. Quarles, complaining against Elizabeth, wife of Wm. Linckhorne for accusing him of assault upon her, court ordered that she make a public confession that she had done him wrong.
Rich. Rowland was bound for good behavior toward his brother Capt. James Smith, during the pleasure of the court.
Richard Rowland was bound for the good behavior of his wife Mary toward all men, especially toward her brother Capt. James Smith.
Capt. James Smith was bound for good behavior toward his brother and sister, Richard Rowland and wife Mary.
Frances Thurlay was discharged of his presentment, not being in the compass of the law of perniscious lying; but being the occasion of much trouble, he was to pay the witnesses only .*
*Francis Tharlay's petition for the court to examine the testi- mony: "how those persons could sweare to such a testimony, or expect I should; to deceiue the Court as the worshipfull mª Broadstreet said to mee (that is) saying the commissioners tooke up the case themselues: and in a violent way carryed the thing, against John Webster in all three particulars in the attach- ment, when the action was neuer tryed, yet I am presented for a lye; in saying I neuer saw nor heard the writeing, which I stand to and must to my death, that I did neuer to my under- standing see or heare such writeing, till it was giuen into the Court. And mr Hills askeing mee next day, how I could sweare to such a writeing, mazed me, and I presently denyed it, and said I neuer heard of it, nor was euer desired by any to sec such writeing, as for me to sweare to it: and how any should judge I did that which I was euer Ignorant of: is not to be conceiued," etc.
Francis Thurlo "desireth the honoured Co. to consider whether it were zeale Against sin or Appearances therof which drew on the presentment Agt him, for theis Reasons. First Jo. Webster openly before the Congregacon sayd that the ferst euidence of mine, and the 2d wherby I was snared were all one or that there was no difference in them onely one was the matter and the other the maner of the Commissioners proceedings, which how untrue and inconsistent the papers may manifestly declare. Secondly in the Agitacon Aforesayd when I Alledged my not
127
RECORDS AND FILES
1669]
Mr. Baker's license was renewed for a year, also his license for liquors.
Capt. White, Frans. Wainwrite and Thomas Bishop had their licenses renewed for a year.
Court adjourned to the last fourth day of this month at 9 of the clock.
Inventory of the estate of Marke Haskall, taken 27 : 11 : 1668, by Thomas Lawthroppe, Richard Brockens and John Hill: Money, wearing apparel, musket, two blunderbuses, household furnishings, house and orchard, domestic animals, one bible, and a ketch at sea; total, 267li. 8s. 3d. On Mar. 24, '1668-9, the
heareing the euidence at m' Noyes lane end & that it was sayd it was & that one of Jo. Websters witnesses did see it ouer his shol- der, And that to discouer the mistake therin I sayd that cold not be for Jo. Webster was on his mares back. Jo. Webster charged me with falshood or lying saying that he had no mare the which was utterly untrue as hath Manifestly Appeared yet theis things are let pass & myself presented tho on exact inquisicon in the Church he could not make out his Compt Agt me."
Richard Thorlla and his wife Jane Thorlla testified that they heard their son Frances tell John Webster, when serving the summons to appear in the case between Webster and the com- missioners, that he had already testified all he could, etc.
Thomas Thorla, brother of Francis, and Peeter Cheeny deposed.
Isrell Webster, aged about twenty-five years, deposed that during court he was in a little room at Mr. Baker's and heard John Webster read the testimony and the latter told Thurly that it was not that to which he made oath before Major Denison, but another, and Thurly understood it so. Sworn in court.
Persevell Loell and John Webster deposed that at the lane's end near Anthony Morsis shop, the evidence was read to Thurly and he said he would swear to it in court, etc. Sworn in court.
Persevell Loell, aged thirty years, and Isrell Webster, aged twenty-five years, deposed that being at John Webster's house, Webster asked Thurly why he carried the matter before the church as to lay an aspersion upon him and he said he would go then to Mr. Parker, clear said Webster and take the blame himself, etc.
Richard Bartlet, aged about forty-seven years, deposed that Francis Thurly said at Steven Swet's that he heard the writing read, etc. Sworn in court.
John Woollcot and wife Mary deposed.
Gorge Jeferey, aged forty years, deposed.
128
SALISBURY QUARTERLY COURT
[Apr.
ketch was appraised by Wm. Hodge, Hugh Woodbery and Thomas Woodbery at 140li .; earnings, 50li.
COURT HELD AT SALISBURY, 13 : 2 : 1669.
Grand jury: Rich. Wells, foreman, Isaac Buswell, Sam. Felloes, Tho. Davis, Daniel Hendrick, Wm. Fullar, Henry Green, Abraham Pirkins, Robert Smithe, Henry Moulton, Tho. Barnard, Wm. Sargent, sen., Wm. Barnes, Leift. Challis and Jonathan Thing.
Jury of trials: Jno. Redman, sr., Georg Goldwyer, Rich. Hubbard, Jno. Gill, Steven Kent, James Davis, jr., Steven Webster, Godfrey Dearborne, Morris Hobbs, Christ. Palmer, Nicolas Lissen, Jno. Robison, Tho. Barnard and Willi. Sargent.
Nicolas Lissen acknowledged judgment to Moses Gillman to be paid in kind according to a bill of 19li. under his hand, 1667.
Court judged that Andrew Grele was not legally chosen con- stable of Hampton.
Dan. Ela v. Robert Swan. For altering the propriety of a par- cel of land of said Ela's by ploughing without his rights or any legal bargain. Verdict for defendant. Court did not concur with the jury.
Nic. Lesen v. Abraham Collins. Non-performance of a promise in not securing plaintiff from Moses Gillman, said Lisen being bound for payment of a pair of oxen to said Gillman in behalf of Abraham Collins. Withdrawn .*
Nic. Lissen v. Abraham Collins. Trespass. For making use of plaintiff's logs which were cut and hauled and for not laying so many in place again. Withdrawn.
Nic. Lissen v. Tho. Mounsell. Breach of covenant. For not cutting and hauling logs to his mill at Lampereele river. With- drawn.+
*Writs, signed by John Gillman,¿ for the court, and served by Abraham Drake,¿ marshal of Hampton. Bond of Abraham (his mark) Colines, John Randt and Arther Benicke.
+Writ, dated Nov. 30, 1668, signed by John Gillman,# for the court, and served by Abraham Drak,¿ marshal of Hampton. Bond of Thomas (his mark) Mounsell, James (his mark) Thomas and Nickolas (his mark) Doe.
#Autograph.
129
RECORDS AND FILES
1669]
Jno. Stevens v. Ezekiell Wathen. Slander. For saying his daughter Mary Stevens was with child before she was married. Verdict for defendant.
Joseph Davis v. Capt. Barefoot. For taking 20li. of plain- tiff's estate by an assigned execution upon Davis' goods, apprais- ing the goods at an under rate, which execution was assigned to Capt. Barefoot by Rich. White, then of Kitterie. Verdict for plaintiff. Appealed to the next Court of Assistants.
Georg Martyn v. Willi. Sargent, jr. Slander. For saying that said Martyn's wife had a child at Capt. Wiggin's and was wringing its neck in Capt. Wiggin's stable, when a man entered, and she took him by the collar and told him she would be the death of him if he told. Verdict for plaintiff, a white wampam peague or the eighth part of a penny damage .*
Georg Martyn v. Willi. Sargent. Slander. For saying his wife was a witch. Verdict for defendant. Court did not concur. Georg Martyn v. Tho. Sargent. Withdrawn.t
Mr. Simon Bradstreet v. Jno. Fousham, sr. Debt. For an ox and corn. Verdict for plaintiff.
Sam. Buswell v. Andrew Grele, Willi. Buswell and Tho. Brad- bury. For not laying out his division of the 500 acres at Mr. Bat's hill according to town grant, nor according to his proposition. Withdrawn.}
* William Fifeld, sr., deposed that as long ago as when Susanah North lived with Capt. Wiggin's at Squamskut, she who is now the wife of Gorg Martin, there was a fellow who came through Hampton who lived at Capt. Wiggin's and reported this story. The fellow said he had occasion to speak with Mrs. Bachelldor, with whom said Susana had lived, and she said the latter was not well. Sworn in court.
+Writ: Gorge Marttin v. Thomas Sargent; slander; for saying that his son Gorge Marttin was a bastard and that Richard Marttin was Goodwife Marttin's imp; dated Apr. 8, 1669; signed by Richard Currier,§ for the court; and served by Robart Jones, § constable of Amisbury, by attachment of house and land of defendant.
#Writ, dated Apr. 1, 1669, signed by Richard Currier,§ for the court, and served by Henry Browne,§ deputy constable of Sals- bury, by attachment of the land near the house of Capt. Brad- bury and land of Buswell and Andrew Greely, sr.
§Autograph.
·
130
SALISBURY QUARTERLY COURT
[Apr.
James Kid v. Jno. Brey. For fraudulant dealing and surrep- titiously taking away writings at the dwelling house of Abraham Corbett on Apr. 6, upon which day the matter was to have been arbitrated. Nonsuited .*
Edw. Go[v ]e v. Town of Salisbury. For not laying out to him those divisions of land which belong to the commonage, which he bought of Josiah Cobham. Verdict for plaintiff, thirty acres of land in the division above the mill, and ten acres of land for his division of the 500 acres of sweepage in the cow common. Court did not concur.
Mr. Jno. Groth v. Joseph Dow. For 40s. 3d. pay due plaintiff for the cure of a cancerous ulcer in the mouth of a child of said Dow's. Verdict for defendant. Court did not concur.
Edw. Colcord. v. Natt Boulter and Francis Page. Review of a case tried at last Salisbury court concerning a piece of meadow in which the title and matter of trespass is also concerned.t
Ed. Colcord v. Jno. Stanell and Henry Roby.
Ed. Colcord v. Henry Roby and Abraham Drake.į
Capt. Pike v. Jno. Godfrey. For taking away a cow, horse, some bedding and other household goods belonging to said Pike, which goods were left in the house of Mr. Cutt in Amsbury, whereby he is put to great trouble and charge to preserve the same from paying the debts of Edw. Cottle. Verdict for plaintiff.
Matthias Button v. Jno. Godfrey. For firing his chimney which caused his house to burn and the goods therein, also the
*Writ, dated Apr. 7, 1669, signed by Elias St[ il ]eman,§ for the court, and served by Gowen Wilson,§ constable of Kittery, who committed defendant to York prison, here fusing to give bail, but bail was later furnished by the jailor.
¡Writ, dated Apr. 8, 1669, signed by Samuell Dalton,§ for the court, and served by Will. Fifield,§ deputy constable of Hampton, by attachment of the barn and yard of Frances Page.
ĮWrit: Edward Colcord v. Abraham Drake, marshal, and Hencry Roby; assault and battery; assaulting him in his own house, wounding him and illegally endeavoring to break open his house when he was peaccably at his calling with his own family; signed by Samuell Dalton,§ for the court; and served by Will. Fifield,§ deputy constable of Hampton, by attachment of the barns and yards of defendants.
§Autograph.
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RECORDS AND FILES
1669]
death of his wife, and for running away as soon as he had done it. Verdiet for plaintiff, 238li. 2s.
Tho. Eyer took the freeman's oath.
Rodg. Eastman, for reasons appcaring to this court, was dis- charged from being constable for the town of Salisbury.
Capt. Saltingstall, being chosen by the town of Haverhill and presented to this court for clerk of the writs, was confirmed.
Nicolas Lissen v. Harlackinden Symonds and Mr. Willi. Symonds. Review of a case tried at Salisbury court in April, 1668, concerning a title of land at Lampreele river. Verdict for defendant. Appealed to the next Court of Assistants.
Jno. Hoyt, jr. was licensed to keep the ordinary for Amsbury for the ensuing year.
Henry Palmer, Wm. White and James Davis, sr., were con- firmed and sworn commissioners to end small cases for Haverhill.
Capt. Pike, Capt. Bradbury and Richard Wells took the three men's oath for ending small eases for Salisbury.
Capt. Hussey, Mr. Jno. Samborn and Mr. Dalton took the three men's oath for ending small cases for Hampton.
Edmund Elliot took the constable's oath for Amsbery for the ensuing year.
Jno. Griffyn was allowed to keep the ferry for Haverhill .*
Exeter, being presented for want of a pound and the present- ment owned, court ordered that the town pay 5li. unless a suffi- cient pound be finished by June 15.t
Leift. Challis, Rich. Currier and Wm. Barnes were sworn to end small eases for Amsberie.
Mr. Coleord desired to have Jno. Redman and Christopher Palmer taken from the jury in the case between him and Fran. Page and Boult, because they were the cause of all the trouble, and court ordering the case to proceed, he refused to appear.
John Godfrey was bound in 100li. not to depart without license.
*Petition of George Browne,į James Pecker,į Robard Swon,} Stephen Webster# and Henry Palmer,¿ dated Apr. 19, 1669, for appointment of John Griffing.
¿Summons, dated 4 : 1 : 1668-9, to Exeter inhabitants, rep- resented by John Gillman, and to witnesses, Jonathan Thing and John Gillman, signed by Tho. Bradbury,¿ rec.
# Autograph.
132
SALISBURY QUARTERLY COURT
[Apr.
Upon complaint of Rich. Smith against Moses Worcester and Robert Downer for taking away a steer of his feloniously without the consent of Smith and killing it in the house of Timothie Worcester, court found said Worcester and Downer guilty of high misdemeanors, for which they were fined and ordered to have a serious admonition.
Moses Worcester, presented for cruelty to certain cattle, was ordered to have a legal admonition.
Anthony Stanian, presented for not having accommodations for horses and other conveniences according to law was fined, and in case of non-payment was to appear at next Hampton court.
Edward Goodwyn, presented for swearing and other mis- carriages about threatening to stab Tho. Hoyt, was fined.
Tho. Barnard was sworn clerk of the market for Amsbury.
Mrs. Hannah Carleton and Peter Eyer were ordered to take care of the estate of Mr. Jno. Carleton, late of Haverhill, until next Hampton court, and were empowered to receive and pay any clear debts but not to alienate any of the land.
Jno. Severance had his license renewed for keeping the ordinary for Salisbury the ensuing year.
Steven Dowe and Nathaniell Smithe took the freeman's oath.
Jno. Hussey was presented upon suspicion of not frequenting the public ordinances.
Steven Huse and Tho. Chase were convicted for not coming to the public ordinance.
Bond of Jno. Severans and Richard Otis for Nicolas Lissen's prosecution of an appeal in the case of said Lissen v. Mr. Har- lackinden Symonds and Mr. Willi. Symonds.
John Godfrey, for wicked and most pernicious subborning of witnesses to the perverting of justice both by himself and others, sometimes by hindering persons from giving evidence and some- times instigating some to give false evidence, was sentenced for these horrible and destructive crimes to pay 100li. fine and to stand upon the pillory one hour, with this inscription written in capital letters upon a paper fastened upon him: "JOHN GOD- FREY, FOR SUBBORNING WITTNESSES." This was to be put into execution upon the next lecture day at Salisbury near the meeting house. He was also utterly disabled from giving evidence in any case hereafter unless he be restored by authority, and to be committed to prison until the sentence be performed.
133
RECORDS AND FILES
1669]
The constable of Salisbury was ordered to provide a pillory and set it up against the 22d day of the second month, 1669, somewhere near the meeting house.
Edw. Colcord, for violently resisting with weapons the marshal of the county of Norfolk in the execution of his office, court judged that he had broken his bond for good behavior given at Hampton court in 1668, reserving liberty for the chancering of the bond, which was to be done at the next Hampton court.
Court ordered Capt. Pike to send for Rich. Martyn to answer a presentment.
Susannah Martyn, wife of Georg Martyn, was ordered to be committed to prison unless she give bond of 100li. for appearance at the next Court of Assistants upon suspicion of witchcraft.
Daniell Ela was allowed to keep a public house of entertain- ment at Haverhill and to sell wine.
Georg Martyn gave bond for his wife's appearance.
Jno. Godfrey owned that his dwelling or usual abode was at one Francis Skerries in Salem.
Writ: Mr. Thomas Bradbury v. Nathaniel Boulter; debt; dated 26 : 9 : 1668; signed by Samuell Dalton,* for the court; and served by Abraham Drake,* marshal of Hampton.
Writ: Walter Barefoote v. Andrew Wiggin; molestation; for arresting him in an action to the value of 1,000li., called an action of high defamation, for saying that Wiggin had robbed him, laying felony to his charge; dated Dec. 21, 1668; signed by John Gillman,* for the court; and served by John Roberts,* marshal of Dover. Bond of Jonathan (his mark) Thing and Andrew Wiggin .* Also another writ of the same date, for not delivering a pocket pistol and a writing wherein Capt. Thomas Wiggin was engaged to pay to said Barefoote 200li., which pistol and writing were violently taken from Barefoote by Wiggin.
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