USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 14
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Writ: John Bond v. Mr. John Groth; debt, to be paid in Indian corn; dated 15 : 11 : 1668; signed by Samuell Dalton,* for the court; and served by Abrah. Drake,* marshal of Hampton.
Writ: Mr. Andrew Wiggins v. Capt. Walter Bearfoot; for refusing to deliver a bill of 15li. which plaintiff made to Thomas Read and the latter assigned to said Bearfoot; dated 20: 12 : 1668; signed by Samuell Dalton,* for the court; and served by Abraham Drake,* marshal of Hampton. Bond of Walter Bare- foote .*
Writ: Nicolas Lisson v. Robert Wadloe; molestation, in being arrested and turned out of his mill contrary to contract; signed
* Autograph.
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SALISBURY QUARTERLY COURT
[Apr.
by John Gillman,* for the court; and served by Abraham Drake,* marshal of Hampton.
Writ: Nickolas Lesson v. Robart Wadgley; for not building a sufficient sawmill according to agreement; dated Mar. 11, 1668-9; signed by John Gillman,* for the court; and served by Abraham Drake,* marshal of Hampton, by attachment of defend- ant's boards and pipestaves.
Writ: John Redman, jr. v. Joseph Bery; for cost in pounding a mare of Robert Smith's; dated Apr. 2, 1669; signed by Samuell Dalton,* for the court; and served by Nicholas Smyth,* con- stable of Exeter, by attachment of the house and ground of Joseph Bery.
Writ: Capt. Christopher Hussey v. Henry Green; for not performing a bargain concerning a parcel of land formerly bought of said Green, lying at the westerly end of Capt. Hussey's farm, on the south side of Falls river; dated Apr. 2, 1669; signed by Samuell Dalton,* for the court; and served by Abraham Drake,* marshal of Hampton, by attachment of house and land of defendant.
Writ: Roger Collins v. Cornelus Lary; debt; dated Apr. 8, 1669; signed by Samll. Dalton,* for the court; and served by Nicholas Smyth,* constable of Exeter.
Summons, dated 14 : 2: 1669, to Jno. Griffyn, Abraham Whitticker, Marshall Drake and Joseph Davis, to answer such things as the court should think meet to require of them in behalf of the country, signed by Tho. Bradbury,* rec., and served by Abraham Drake,* marshal of Hampton.
Writ: Henry Roby, assignee of Mr. Nathaniell Fryer v. Edward Colcord; debt; dated Apr. 8, 1669; signed by Samll. Dalton,* for the court; and served by Abraham Drake,* marshal of Hampton.
Writ: John Stanyen and Henery Roby, as his attorney v. Edward Colcord; for illegally and vexatiously prosecuting at the last Hampton court; dated 8 : 2 : 1669; signed by Samuell Dalton,* for the court; and served by Will Fifield,* deputy constable of Hampton, by attachment of barns of defendants.
Writ: Selectmen of Hampton v. Henry Green; trespass; for fencing in a highway, appropriating it to his own use, which was purchased by the town of John Wedgwood in 1650, and lay through the lot which was John Wedgwoode's and Will. Fifield's as appear by town records; signed by Samll. Dalton,* for the court; and served by Abraham Drake,* marshal of Hampton, by attachment of house and land of defendant.
John Stanyen, aged about twenty years, deposed that the Monday before the court at Hampton, he mended his father's stable with boards and nails and made it secure. The first day
* Autograph.
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1669]
COURT HELD AT IPSWICH, APR. 28, 1669.
The constable of Ipswich was ordered to pay 15s., which was expended at the ordinary at Ipswich by the jury of inquest on "Cottle's Neger," and the county treasurer was to reimberse him.
Abraham How, presented for reproaching the name of divers persons, was ordered to be whipped or pay a fine .*
Tobiah Perkins and Daniell Wood were fined for complaints against them.
Elizabeth Gater, complained of for abusing the wife of Wm. Linckhorne, was ordered sent to the house of correction for a week. Upon entreating the court, her sentence was changed to a fine, which Henry Bennett engaged to pay.t
of the court being a stormy day and many unruly horses being put into the stable, they beat down the boards and got out in court time and went away, which could not be prevented on account of the stormy weather. Sworn in court.
Venire, dated 4 : 1 : 1668-9, for Exiter men to serve on the jury of trials, signed by Tho. Bradbury,į rec., and served by Samuel Leavet,¿ constable of Exiter, who returned the names of Nicholas Lisson and John Roburson.
*Tobiah Perkins deposed that he heard Abraham How say that Wainwright was dead and gone to his long home and his hide was carried to the tanners, the hogs ate his carcass and a black thing picked his bones. He did not know but it might be "the old boy." Also that sad things had befallen Wade and that the latter's wife pulled out his beard, which was the reason that he had none. Also that Bushipe was sold out of house and home and gone to Rowley to live, which might be for buying rotten shoes cheap and selling them dear. Sworn in court.
John Gouldt and Thomas Bakert deposed that Tobiah Perkins said that Epraham Dorman and Danell Wood could say the same. Sworn in court.
Johnnathan Wilese deposed that How asked him if he had heard any news at Ipswich, etc. Sworn in court.
William Pebody deposed. Sworn in court.
¡Elisabeth Gater deposed that being at Hen. Benit's, Elisabeth Lynkhorne came in to his house and said that John Ring would put deponent in "goule" before Saturday night. Deponent carried her out of the house and shut the door. She then came in again and bade Goody Bennet and Ben. Morgin witness that deponent had beaten her, but she said she never struck her. Elisebeth Linkhorn went for a warrant but in the interim John
#Autograph.
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IPSWICH QUARTERLY COURT
[Apr.
Elizabeth Randall was admonished for disorderly carriage in the meeting house .*
Ring came in and said he never said such words and it was a notorious lie.
Elizabeth Linkhorn deposed that coming to her dame Bennet's house, Elizabeth Gater called her names and threw her down on the stones, kicked her and knelt upon her, so when she got up she "swounded." Jakob Bennet mentioned.
Liddia Benit, aged about thirty-six years, deposed. Her son Jacob mentioned. Sworn, Apr. 27, 1669, before Samuel Symonds.t John Palmer deposed. Sworn, Apr. 27, 1669, before Samuel Symonds.t
William Linckhorn's bill of cost.
Benjamin Morgin, aged twenty years, deposed that said Gater said she would be the death of Lenekhorne's wife, and when the latter had gone to Mr. Simond's for a warrant, etc. Sworn in court.
*At a meeting of the selectmen of Newbury, Feb. 4, 1667, Daniell Lunt proposed for a seat for his wife and several other women. It was ordered that the two short seats next the wall be for them, to be made into one or as he shall see fit. On Mar. 1, 1668, it was ordered that Goody Randall should sit in the fourth long seat upon the west side of the meeting house. Copy made from the town book by Anthony Somerby.t
Elizabeth Greenleafe,t aged about thirty-eight years, deposed that on Mar. 4 last, Eliz. Randol being at the house of Ste. Greenleafe, her husband, Ensign John Knight, one of the select- men, asked Eliz. Randal why she would make such trouble in the meeting house about the seat granted to Dan. Lunt for his wife and other young women, when she had been appointed to a better seat, where Goody Godfrey sat. When Knight left, she said she did not understand that she was to have that seat, but she would be satisfied with that. John Luntt testified to the same. Sworn in court.
Dan. Lunt, James Smith and John Kent petitioned for redress, informing the court that the wall seat was granted to these women nine years before and for various reasons all had left it, but now since it had been fitted up, Elizabeth Randall had been anxious to sit there. Mr. Parker desired Capt. Gerrish to speak to her about it, and although she had been granted another seat superior in dignity, she proceeded to press in there and altogether unbecoming her sex, to climb, ride or stride over, it being four or five feet high, and to force the door upon the proprietors who were in the seat before her, to the disturbance of the congregation.
Anthony Somerbyt deposed that Goody Randall, being not t Autograph.
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1669]
John Woolcott and Peeter Tappan were admonished for dis- orderly going and sitting in a seat belonging to others .*
pleased with the seat which has since been made into a pew, used to sit commonly in the alley, etc. Sworn in court.
Summons, dated Apr. 27, 1669, signed by Daniel Denison, t for the court, and returned by Daniell Peairc,t constable of Newbery, who charged Will. Sayer to bring her to court.
Daniel Lunt deposed. Tristram Coffin mentioned. Sworn in court.
* Summons, dated Apr. 27, 1669, signed by Daniel Denison, t and served by Daniell Peairc,t constable of Newbury.
James (his mark) Ordway, John Woollcot,t Joshua Woodmant and Peter Godfryt acknowledged, June 6, 1662, that they were justly blamed for sitting in others' seats contrary to selectmen's orders, and promised not to disturb others again. This was made to the selectmen, Henri Short, Danell Perc, Richard Knight and Hugh March.
Jo. Woolcott's bill of costs, 27s. 4d.
Meeting house rates for 1662, paid by Antony Mos, jr., John Woollcut, John Webster and Peter Tappen.
Petition of the selectmen for the court to consider eight articles, that there was no need of building more seats, because none were needed, etc.
Nathaniell Cheny deposed that John Woolcot at his house on Tuesday night was speaking of the cause between himself and Will. Hareson. That when John Knight was pleading for said Hareson, one of the magistrates, Major Hathorn, said he pleaded like a knave. John Noyes also affirmed the same.
Danill Peairct deposed that John Knight and Tristrom Coffen were willing that Peter Tappin should sit in the new seat and deponent was not opposed to it.
Nathanel Clarck and Abihill Sumarbee deposed that they asked John Woolcot to forbear making a disturbance in the new seat or they would have him before the commissioners or Ipsweg court. He said he was resolved to follow it to the General Court, and if he could not sit in that seat he would cut it down. John Rudg mentioned.
Benjamin Rolfe,t aged about thirty-two years, deposed that being at Edmund Morsse's house, etc.
At a meeting of the selectmen, Feb. 25, 1668, upon complaints for want of seats in the meeting house, it was ordered that three seats be built, the persons placed therein to pay porportionately for the building. Mr. Richard Dummer, jr., Thomas Woodbridg, John Dole, Thomas Noyes, Nathaniel Clark and John Knight were placed in the new short seat on the east side of the meeting
Autograph.
138
IPSWICH QUARTERLY COURT
[Apr.
house, and they to have free egress and regress through the long seat or some other way. Steven Greenleafe, Thomas Hale, jr., Joseph Plumer, William Chandler, John Hale, Caleb Moody, Thomas Tharlay, Francis Browne, Daniel Thurston, Benjamin Rolfe, Abiell Somerby, Jonathan Woodman, John Webster and John Bartlet, jr., were placed in the long seat adjoining the north gallery. Copy made by Anthony Somerby .*
Danill Peirce,* Hen. Short,* Richard Knight,* Hugh March* and Anthony Morse,* selectmen of Newbury, their order to the con- stable to collect the rates: "Wee haue Considered in our pruden- tialls that our meeting house haue bin very chargable to the Towne & all is not yet paid neither is the house yet finished, and wee haue determined the Rates made for it, and wee find that the men here expressed haue not paid any thing vnto the building of it, who haue the same preuiledges & do enjoy them both they and their wiues & familyes as any others do. From Mr. Henry Sewall, 2li. 10s .; Abiel Somerby, 15s .; John Bartlet, jr., 15s .; Peter Tappan, 15s .; Isaac Browne, 15s .; Daniel Thurston, jr., 10s .; John Hale, 10s .; John Rofe, sr., 10s .; Daniel Peirce, jr., to be paid by John Davis, 19s. 4d.
Hen. Short,* Richard Knight* and Hugh March,* for the selectmen, Feb. 11, 1662, also ordered the constable to receive the fine that the Ipswich court ordered William Sawyer to pay.
Petition of Anthony Morse, sr.,* Richard (his mark) Pettingall, Thomas Turuell,* George (his mark) Litle, John Emmerry, sr.,* William (his mark) Elsey, Francis Plumer,* Daniel Chayni,* Edmund Moores,* John Poore, sr.,* John Poore, jr.,* Josua Browne,* John Cheney,* Edward Woodman, sr.,* Willam Titcum,* Abraham Toppan, sr.,* Anthony Mors, jr.,* Stephen Swett,* John Merell,* John Merell, Archelaues Woodmane, Peter Godfri, Danell Merell, Benjemen Morse, Amos Stickni, Abraham Merell, Nathanell Merell, John Bayly, William Sayers, Isack Brown, Willum Pilsbry, Samell Pore, Edward Woodman, jr., Hugh March, Francs Browen, Thomas Browne, James Ardway, Richard Bartlet, Benjemen Lowell, Persevell Lowell, John Smith, Richard Fitts, John Wells, Edward Richeson, Jonathan Woodman, Robert Cooker, Peeter Toppan, John Emry, jr., Christofer Bartlet, Robert Adams, John Pike, John Atkinson, Curmuck Anis, Francis Thirill, John Willcot and Peter Cheany: "These are humbly to declare our opinions Concerning the Acting of our select men in the yeer 1668, Who tooke upon them to build three seats without consulting with the Towne as to have their Approbation, but of their owne motions & for what ends wee leaue it to this Honoured Court to Judge first wee doe Conceiue they beeing limited by their Instructions as law doth require, they had no power to build any seats or any thing of that nature in the meeting house: 2ly: they haue built one of the seats before the formost seat in
* Autograph.
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the Gallery & haue placed some behinde, who were placed in the fore seat & such as paid Considerable sums to the building both of the meeting house & Galleryes, And before them haue placed such as paide nothing to either, And in the Cheife Roomes haue placed their owne Children & relations the which Actings haue ocasioned much discontent in the Towne helping forward what unquietnes is amongst vs allready to a greater height. Our desires are that this Court would bee pleased to Comitt the dis- posing or placing of men in their seatts to the Towne as wee Judge is their right, & will bee a means to preuent Great harte- burning & discontent among our people."
At a meeting of the selectmen, Dan. Peirce, Rich. Kent, Hen. Short, John Merrill and Nicholas Noyes, Jan. 28, 1660, "It is agreed by the selectmen on the one party & Henry Jaques the other party that the said Henry Jaques shall build a gallery in the new meeting house at both ends and all a long on the west side, with three substantiall seats all a long both sides and ends, the said Henry Jaques shall sell the timber & prouide all stuff, both plancks boards Rayles & Juyces and nailes & to bring the stuffe all in place, and make for it three paire of stayres and whatsoeuer else is requisit to compleat the said gallery, and the said select men do hereby engage themselues in the behalft of the Towne to pay or cause to be paid vnto the said Henry Jaquess out of the Towne rate next to be leuyed the full & Just summe of thirty pounds in good currant pay in corne or prouisions. Also the said Henry Jaquess shall haue all the stuffe of the old gallery in the old meeting house, And Henry Jaques doth engage also to lay a floore all ouer the meeting house from beame to beame, and the Towne doth engage to prouide Juyces boards and nailes in Consideration of the abouesaid thirty pounds."
At a meeting of the selectmen, July 15, 1660, "For the order- ing and setting both of men and weomen in their seats in the new meeting house that there may bee no disturbance wee do agree (that according to the order made bearing date January 24th 1651) they may injoy their seats dureing their lives, and that it is in the Liberty of the selectmen from time to time, if any be remoucd out of the Towne or by death or otherwise to make exchanges of Roomes of such as are departed, and accordingly haue drawne a List of the names of our Inhabitants, and appointed them their places in the meeting house where they shall sit, and haue set their names on each particular seat, that so there may be no disorder, that all may enjoy their places peaceably."
At a meeting of the selectmen Apr. 23, 1662, "It is ordered that all those men & weomen that did consent to leaue their seats in the meeting house, and did accept of others for them in the Gal- leryes or elswhere withall the rest both men and weomen, that are newly seated in the Galleryes or other places, which haue had their names sett up in writing in their seats according to the two
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140
IPSWICH QUARTERLY COURT
[Apr.
In the action of John Woollcott v. Wm. Harrisson, the parties agreed to refer the matter to Tristram Coffin and Hugh Marsh and the court chose Mr. Joseph Hills, to determine the case before the court of election.
There being 19s. 6d. laid out by the constable of Rowley about John Pottle who was committed to prison for murder and broke
former orders, the one bearing date January 24th 1651, the other bearing date July 15, 1660 they are to enjoy them dureing their liues, or vntill they remoue out of the Towne to dwell, and then it is in the liberty of the Selectmen from time to time to place others in their Roomes," etc.
At a meeting of the selectmen, Jan. 24, 1651, "Wheras diuers Complaints haue been made from time to time of disorder in the meeting house, and some endeauours haue bin made to redresse it, and as yet none haue taken effect, neither is it thought that the abuses in the youth can bee so easily reformed, unlesse euery housholder knows his seat in the meeting house, Therefore the selectmen haue taken it into consideration, and haue endeauored to their utmost to giue all satisfaction, and accordingly doth hereby order that euery housholder both men & weomen shall sit in those seats that are appointed for them, hence forward dureing their liues, and not to presse into seats when they are full already. But if any changes be by death, or otherwise, of any that should remoue out of the Towne, then it is in the liberty of the selectmen from time to time to appoint who shall sit in the Romes of such as are departed. And accordingly haue drawne a list of the names of the Inhabitants, and appointed them their places in the meeting house where they shall sit, and haue set their names in each particular seat where they shall sit, and the yong men are appointed to sit in the four backer seats in the Gallery, and in the two lower seats at the west doore. This was the order for seating in the old meeting house."
At a meeting of the selectmen, Apr. 23, 1662, "In the forseat of the North Gallery was placed Tristram Coffin, Steuen Gren- leafe, Joseph Plumer, John Rolfe, Benjamin Rolfe, Francis Browne, Peter Toppan, Anthony Morse, jr., John Hale, Caleb Moody, John Bartlett, jr., Abiel Somerby, Daniel Thurston, Isaac Browne and John Woollcott."
Selectmen's instructions for the year 1668: they have power to call the town together, to order the herds, to make town and minister's rates, to Mr. Parker fourscore pounds and to Mr. Woodbridge sixty pounds, and not to exchange or sell any common land nor trees nor timber thereon. Copy of the foregoing meet- ings made by Anthony Somerby .*
* Autograph.
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prison, court ordered that the country treasurer discount it with the constable of Rowley.
Upon Marke Quilter's complaint against Thomas and John Maning of abusing him in his barn and yard, court ordered that they pay fines .*
*John Leads and Daniell Maning deposed that on Mar. 29, 1669, they heard Mark Quilter say that he had fully agreed with Thomas and John Maning, etc.
Marke Quilter's complaint: That Thomas and John Manning came into his yard and barn violently at an unseasonable time of night, and commanded him to come down from the hay mow or else they would fetch him out for he was drunk. Quilter told them that he would when he saw his time and that he was no more drunk than they were. They then shut the door and pinned it, and when he tried to open it they crushed his fingers against the beam so that the blood came. When he tried to get out by another door, John Manning threw him down, beat his head against the ground and bruised him; then his brother Daniel Manning asked him why he did so and Goodman Sayere came, and Quilter was let free. Chaleb Kembell was a witness to these abuses for he came forth out of his bed, being called by them.
Summons, dated Mar. 19, 1668, to John and Daniel Manning, also to John Brewer and Goodman Sawyer as witnesses, signed by Daniel Denison.t
Thomas Bishopt deposed.
Moses Pengry, aged about fifty-seven years, deposed that about eight days since Mark Quilter in company with the marshal and Michall Cresse came out of the common field and stopping near deponent's house was overcharged with drink as appeared by his faltering speech and countenance. He also fell from his mare as she stood still, and once fell into the water, and "when he was downe he was observed to stagger."
The wife of Mark Quilter deposed that Thomas Manning came to their house the Monday after they had been before the Major and desired to agree with her husband, saying he had never done him any wrong and as they had lived lovingly together, they would go and drink a quart of sack together. Quilter said he would consider it a while and the next night Manning came again and asked for his brother John. Deponent said her hus- band had gone to bed. Another night he came again and her husband said if he would let him off the bond, he would agree, so they went to the Major's that night.
James Sayer and wife Martha deposed that on Mar. 18, both Thomas and John Manning were at home at prayer in the fami- tAutograph.
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IPSWICH QUARTERLY COURT
[Apr.
Upon complaint against Thomas and John Maning about putting down a calf in the chimney of Marke Quilter, court ordered that they pay fines .*
Caleb Kimball, being presented, was admonished.
Marke Quilter was fined for excessive drinking.
John Downeing, for contempt in not appearing in a criminal case when summoned, was fined.
Susanna Ringe chose her uncle Robert Kinsman as her guardian. Bond of Robert Kinsman.
Thomas Wells, being presented, was fined.t
Daniell Clarke of Topsfield was licensed to keep an ordinary for selling beer and victuals for a year.
Henry Renolds was to have 6s. for hue and cries.
To Silvester Evely about Peeter Strickland, 21s.
Beverly was to pay the constables of Andover and Haverill for charges about Joshua Turner.
Jacob Goodale was ordered to pay 5s. to the constable of Andover for bringing home his son.
ly and soon after, deponents went to bed and left them by the fire smoking tobacco. Martha deposed that before she slept, she heard them go up stairs to their chamber about the usual time of their going to bed. Sworn, 28 : 2 : 1669, before Symon Bradstreete.#
*Thomas and John Manning acknowledged, on Mar. 20, 1668, a bond of 40s. each to appear at Ipswich court.
Richard Brandbroock, aged fifty-six years, deposed that Tho. Welles through "importinence & fayer smooth wordes as hee can doe: ouer came me to giue him an a quittance: of the finishen of my howse: prmisen mee faythfully to performe: all the Couenant: to the driuing of the last nayel & when hee gottin it of me: I called him to the perfformanc of it: hee answred mee: yt hee had an aquitance & bid mee git it how I could & to this hower I remayen vnsatisfied & my work lies undun & also sayd yt hee had nothing to doe with it," etc. Sworn in court.
John Bayer, aged twenty-two years, deposed. His uncle Richard Brandbrooke mentioned. Sworn in court.
William Knowlton, aged about twenty-six years, deposed that Wells was not at Brabrocke's when deponent worked on the chimneys, but he sent deponent and John Bare to fetch a canoe and to carry it to Bornam's island. Sworn in court.
John Knowlton, aged about twenty-three years, deposed. Sworn in court.
# Autograph.
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Thomas Maning dying intestate, and administration having been granted to Thomas and John Maning, two of his sons, inventory amounting to 38li. 8s. 2d. was presented to court. Court ordered a double portion to Thomas, the eldest, and to John and Daniell, the other two children, 9li. 10s. each.
Inventory of the estate of Thomas Maning, taken Jan. 6, 1668, by John Brewer and James Saward: land, household furnishings, domestic animals, wearing apparel, tools, etc., 38li. 8s. 2d.
Wm. Whittridge dying intestate and administration having been granted to Thomas Whitridge, the debts exceeding the amount of the estate, court ordered that all creditors make return to the clerk of court within a month, notice in writing to be set up at Salem and Ipswich meeting houses.
Five shillings were given to the house.
Inventory of the estate of William Whitridge, who died Dec. 9, 1668, appraised Dec. 16, 1668, and acknowledged by his son Thomas Whitredge: House, 10li .; domestic animals, tools, house- hold furnishings, utensils, musket, grain, barn framed, cow bell, wearing apparel, etc., 84li. 13s. 10d.
COURT HELD AT SALEM, JUNE 29, 1669.
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