USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 19
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Robert Smith v. Jno. Huggin. Assault and battery. For coming upon him violently saying "I will kill or be killed," and for quarrelling with him several times, as when he was ditching in the marsh; also at another time throwing a sickle or reap hook at him, and at the last haying time when said Smith was driving some calves out of Huggins' marsh, putting him in fear of his life. Verdict for defendant. Appealed to the next Court of Assistants. Hen. Roby and Robert Smith bound.
Joseph Davis v. Capt. Barefoot. Replevin. The replevin appearing to be illegal, court ordered the plaintiff to pay costs.
Joseph Davis v. Capt. Barefoot. For by his own employing of the marshal's deputy by virtue of an assigned execution, being instrumental in keeping said Joseph under restraint by false imprisonment at Kittery. Verdict for defendant. Appealed to the next Court of Assistants. John Redman and Joseph Davis bound.
Nicolas Lissen v. Tho. Mounsall and Abraham Collins. For- fciture of a bond, for not bringing a discharge to free Nicholas Lissen from Moses Gilman. Special verdict found.
Cornelious Larie and Joseph Berrie acknowledged judgment to Mr. Richard Cutt.
185
RECORDS AND FILES
1669]
Moses Gilman was licensed to keep the ordinary for Exiter for the ensuing year.
Jno. Redman v. Edward Colcord. Defamation. For saying that plaintiff had taken a false oath about a share of commonage sold to Tho. Chace in a case between Mr. Ruck and said Col- cord. Defendant owned the charge. Jury found that Red- man's oath was three days after the assignment and acknowledg- ment and seventeen days before recording said Ruck's bill of sale. It was left to the bench to determine the costs.
Mr. Ric. Cutt v. Jno. Moulton. Debt. Verdict for plaintiff.
Jno. Redman, jr. v. Christopher Palmer. Trespass. For fencing in, feeding and improving seven acres of land of said Red- man, given him by his grandfather Rob. Knight, lying in Hamp- ton, adjoining the pasture land of Robert Page in the east field; also for endeavoring to alter the title of said land. Verdiet for defendant .*
Dan. Ela responded to answer Jno. Godfrey whatever charge he recovered in the case between Remington and Godfrey.
Joseph Hatt. [or Hall] was fined 10s. for absence from a jury of inquest from Exiter. The "rest of ye Jurie are allowed 12d. a peece for their refreshing together wth other wicked practices of ye sd Jnº Godfrey tending thervnto."
Daniell Ela, in behalf of the country v. Jno. Godfrey. For wilful firing and burning of the dwelling house of Matthias But- ton, which was the cause of the death of said Button's wife. Jno. Godfrey upon examination answered, "Why should I bely my self: there be ye wittness: & askt whither he should go & execute himselfe & did ptest yt he was cleare of fiering ye house & knew not of it: & yt he went to corlis his house, & yr remaind til but- ton came wth his family."
Mr. Andrew Wiggin took the freeman's oath, being allowed by the General Court.
*Henry Dow, aged about thirty-five years, deposed that in the summer of 1655, he was at work in his lot adjoining Christo- pher Palmer's pasture, when said Palmer, John Redman, sr., and Roger Shaw came to him and asked him to go with them to lay out Palmer's 20 acres which he bought of Goodman Redman. So he went and they began at the corner of Roberd Page's pas- ture to the brook in the swamp, etc. It was commonly called Goodman Palmer's pasture even since it was fenced. Sworn in court.
186
HAMPTON QUARTERLY COURT
[Oct.
Jno. Godfrey acknowledged that he was at Button's house the day before the house was burned and went about ten or eleven o'clock to Corlis' house; that he said to Goody Button, lying upon the bed, "Woman waigh me out some meat," and she arose and gave him meat and brought in water; also that he made a little fire of small wood upon the hearth.
Court considered that it did not appear to them that Godfrey Dearborne was legally chosen constable by the town of Hampton; also that on account of the insufficiency of the man by reason of his great age and weakness, they ordered the constable forth- with to call a meeting of the inhabitants to make a new election.
Joseph Davis and Mrs. Hannah Carleton were appointed administrators of the estate of Mr. Jno. Carleton of Haverhill and were ordered to bring in an inventory to the next Salisbury court.
Exiter's fine for want of a pound was respitted until the next Salisbury court.
Henry Ambros, for misdemeanors in concealing goods stolen by his brother Eben. Ambross, was ordered to be whipped ten stripes or pay a fine of five pounds.
Francis Page was sworn to the office of a constable for the town of Hampton for the ensuing year.
Lissen was fined for not prosecuting his appeal to the last Court of Assistants.
The jury found the presentment against Rich. Martyn, and that against Susanah Martyn.
Robert Smithe and Jno. Huggin, convicted of misdemeanors in quarrelling and struggling one with the other, were fined.
Capt. Christo. Hussey, Ensigne Samborne and Mr. Sam. Dal- ton were sworn to end small causes for the town of Hampton for the ensuing year.
Mr. Sam Dalton and Mr. Jno. Samborne were appointed a com- mittee to audit the accounts of Natt. Wear concerning his admin- istration of the estate of Francis Swaine, and to present it to the next County court to be held at Salisbury.
Whereas Ric. Martyn was presented by the grand jury at the Salisbury court, 1669, for abusing his father and throwing him down, taking away his clothes and holding up an axe against him, the case being, at said Martyn's desire, committed to a jury, the said jury found the presentment. Court sentenced him for
187
RECORDS AND FILES
1669]
his high misdemeanor to be whipped ten stripes, on 14 : 8 : 1669, at Hampton meeting house immediately after lecture is ended.
Jno. Godfrey was to attend the next Court of Assistants to answer such complaints as Dan. Ela made about wilfully burning Button's house and occasioning the death of his wife. Dan. Ela bound, and Jno. Godfrey and Peter Godfrey, sureties.
Jno. Godfrey was to appear at the next Salisbury court to answer a complaint against him for profaning the Sabbath day by travelling from town to town, and for lying.
Georg Martyn bound for his wife's appearance.
Ordered that summons be given to Dan. Ela about complaints against Godfrey.
Mr. Colcord was ordered to pay part of his bond and the rest was respitted until the next Salisbury court, and to pay for the hay, etc.
Ten shillings allowed by the court to the servants of the house.
COURT HELD AT SALEM, Nov. 30, 1669.
Judges: The Worshipfull Mr. Simond Bradstreet, Mr. Samuell Simonds, Majr. Daniell Denisson and Majr. Wm. Hathorne.
Grand jury: Mr. Thomas Laughton, Samll. Ebborne, Will. Trask, Tho. Rootes, Nathaniell Howard, William Benett, Nicholas Merrett, Ensigne John Fuller, Andrew Mansfeild, Frances Burrell, Tho. Millett, jr., and John Fiske.
Jury of trials: Mr. Samll. Gardner, John Neale, John Ingerson, John King, John Lovet, sr., John Gatchell, sr., Moses Chadwell, Tho. Browne, Timothy Soames, Charles Gott, William Lake and Elias Mason.
Mr. William Browne, sr. v. John Clearke. Debt. Defaulted .*
John Putnam v. Hen. Keny. Defamation. Verdict for plaintiff.t
Execution, dated 7 : 10 : 1669, against George Martyn to satisfy judgment granted to William Sargent, signed by Tho. Bradbury,¿ for the court.
*Writ: Mr. William Browne, sr. v. John Clark of Wenham; debt; dated Oct. 1, 1669; signed by Hilliard Veren,# for the court; and served by Henry Skery,¿ marshal of Salem. Bond of Zacharia Herick,¿ John Clarkt and Richard (his mark) Kimball.
+Writ, dated 24 : 9 : 1669, signed by Hilliard Veren, for the court.
#Autograph
188
SALEM QUARTERLY COURT
[Nov.
John Godfery v. Abraham Whittaker. For non-payment of the rent of about four acres of land. Special verdict. If the writing which had no date were legal, they found for the plain- tiff, if not, for the defendant. Court gave judgment for plaintiff .*
Mathew Farrington v. Mark Graves and Eliza, his wife. For
John Putnam's bill of cost, 1li. 6s. 2d.
Thomas Greene deposed that last August at Ipswich river there was a difference between John Putnam and Henery Keney about the carting over a parcel of said Putnam's meadow, which the latter refused said Keney to pass over at that time. Then Thomas Putnam, jr., rode over the river upon his father's horse "then John putnam did stope him on his owne meadow and said that hee should not bringe over henery Keneys Cart there, & this way on the north side of the riuer, & goodman Keney at that time was not ouer the riuer & further saith that hee Did not see John putnam Doe any thing, nor hard him speake one word that tended toward stopeinge of goodman keny on the south side of the riuer all though I was there all the time," etc. John Putnam told Goodman Keney that if he would not stand out of his way, he would break his head. Goodman Keney answered "Strick if you Dare, If you will strick the first blow I will stricke the second & sayd giue me my pitchforcke boy let him Come if hee Dares." Sworn in court.
Robut Princ and Nathanell Ingersoll deposed that they heard Goodman Keene call John Putnam cheating knave, etc. Sworn in court.
*Writ: John Godfery of Salem v. Abraham Whitticker of Haverhill; for non-payment of the rent of four acres of land that was formerly John Remington's, which land was let to said Whitticker by said Remington; dated Nov. 23, 1669; signed by Nathll. Saltonstall,t for the court; and served by Edward Clark, t deputy for Tho. Whittier,t constable of Haverhill, by attachment of a mare of defendant's.
Agreement, without date, between Abraham (his mark) Whiticker and John (his mark) Godfry, that Godfry let to said Whiticker all the houselot and orchard formerly John Reming- ton's at Haverell, for the sum of two pounds and five shillings in rent for one year, and for the next year, three pounds, in case it was not sold in the meantime. Wit: George Corlis.t .
John Godferyes bill of charge, Ili. 15s. 4d.
Joanna Corlis, wife of George Corlis, deposed that she saw the paper signed. Sworn, Nov. 27, 1669, before Nath. Saltonstall,t comr.
+Autograph.
189
RECORDS AND FILES
1669]
refusing to "sign and seal" on a legal deed. Verdict for plaintiff. The charge disbursed by the plaintiff upon the mill was to be paid in partnership .*
* Writ: Mathew Farington v. Marke Graves and Elizabeth, his wife; for refusing to "sign and seal" a legal deed for con- veying their whole right and interest to the tide mill at Lin, with the lands, meadows, marsh and upland, as per covenant dated Nov. 1, 1669, and in a deceitful way obtaining said cov- enant of him to whom it was intrusted and burning it; dated Nov. 8, 1669; signed by John Fuller,t for the court; and served by John Newhall,t constable of Lin, by attachment of two oxen and half the mill and land of defendant.
Bond, dated Nov. 20, 1669, from Mathew Farington of Lin, yeoman, to Marke Graves, with Elizabeth his wife, in behalf of themselves and her children dwelling at Lin, for 200li., to be paid in corn or lean cattle when said children become of age or otherwise upon the freeing, clearing and discharging the water mill, housen, orchard, gardens, etc., as sold by contract to said Farington, etc. [No signatures.]
Deed, dated Nov. 20, 1669, from Marke Graves and Elizabeth, his wife, formerly the wife of John Farington of Lin, deceased, to Mathew Farington of Lin, for forty ewe sheep, four cows and six score pounds, all their water mill, commonly called the tide mill of Lin, with the dam, pond, utensils, house, barn, etc. [No signatures.]}
Copy of contract, dated Nov. 1, 1669, promising to give a legal deed and possession of this property, signed by Marke Graves and Elizbeth (her mark) Graves. Wit: Joseph Armin- tage, Thomas Newill and Robert Potter.
Joseph Armintage, Thomas Newill and Robert Potter, all of Lin, deposed that the foregoing was a true copy of a contract left in the hands of Andrew Mansfield who was to draw up a deed of sale, and that on Nov. 20, 1669, said Farrington drove the cows and sheep to said Graves and his wife, and the latter rejected them. Sworn in court.
Andrew Mansfeild, aged about fifty years, deposed, Nov. 29, 1669, that Joseph Armitage asked him to draw up the deed and bond. Before he had opportunity to do it, Marke Graves and his wife came to him and asked that the children's ages be included in the writing. Taking the paper, deponent went to put the names on the back in order to remember when he drew up the deed, when some wet fell on it while it was in his hand and he went to the fire to dry it. "But my son Coming with Barrills of sider in the cart I desired one of the children to drye the sd rite- inge while I went to helpe unLoade the sider, it being in the night.
+Autograph. įSeals "W. H." and "D. H." in excellent condition.
190
SALEM QUARTERLY COURT
[Nov.
Edmond Farington v. Marke Graves and Eliza, his wife. For refusing to give and make payment of an estate of one-half of a mill, land and cattle. Verdict for defendant. Mathew Faring- ton, the attorney, engages to be responsible in place of said Edmond .*
John Devorix v. Mr. Moses Maverick, Jno. Peach, sr., John Peach, jr., and Richd. Rowland, proprietors in the farm called Mr. Humfryes farm. For non-performance of agreement in making up a fenee. Verdiet for plaintiff.t
sd Marke graues I will drye it for you, I haueing not the Least suspition of any danger, they Comeing in the name of Joseph Armitage whoe delivered the sd riteing to mee Lett him haue the riteing, whoe while I was unloading the sider, Lett his wife haue it whoe burnt it in my absence as shee acknowledged when I came in: declaring what a greefe it was to her spiritt, yt shee should sett her hand to that riteing, which would bee such a wrong to the fatherless children." Sworn in court.
Thomas Newell, Rob. Potter and Joseph Armintage, all of Lin, deposed that they were called to view the tide mill, Nov. 1, 1669, and that it was in a very bad posture and not likely to stand. Immediately after the bargain, however, Farrington disbursed upon the mill to secure her and make her fit for use, in rocks and stones, so that now the mill is worth 20li. more than it was then. The mill in one man's hands is and may be of very good use, but in partnership worth very little or 20li. worse, and for the damage in procuring sheep and tendering the pay, at least 3li. Sworn in court.
Mark Graves' bill of cost, 1li. 5s. 6d.
Damage for the non-performance of the bargain of the tide mill at Lin, 44li. 10s.
*Mathew Farington's bill of cost, 2li. 4s.
+Writ, dated 28 : 9 : 1669, signed by Hilliard Veren,¿ for the court, and served by Erasomus James,¿ constable of Marblehead. John Deverick's bill of charge, 1li. 15s. 4d.
Agreement, dated 2 : 1 : 1667-8, between Mr. Maverieke and partner on one part and John Deveriek of the other part, written by Wm. Hathorn,¿ who made oath 30 : 9 : 1669, before Hilliard Veren,# cleric. They agreed that the Deverex farm should be fenced before 3 mo: 1669, from his corn field fence to the pine on the plain and "from the line below the highway neare forte hill down to ye stonie beach this to be made the one halfe by The Comoners & the other by Jo. Deverex. 2. it is agreed the one ptie to mak as good & sufficient. 3. it is agreed that what #Autograph.
191
RECORDS AND FILES
1669]
Peeter Miller v. Joseph Bowed. For taking out of the stage of plaintiff several barrels of mackerel and carrying them away. Verdict for plaintiff .*
Peeter Miller v. Joseph Bowed. For coming into his stage, taking away two barrels of mackerel and "breaking of bulke before ye generall was paid." Verdict for defendant.t
Mr. Simond Bradstreet and Mr. Edward Ting v. Ensigne James Pecker. Debt. For breach of bond or covenant relating to the saw milne at Haverill. Verdict for plaintiff. Appealed to the next Court of Assistants.
Land of Jo. Deverex his farme shall be Left out that he shall pay toward the Comon fence by proportion, & shall put in Cattell as other Comonrs doe & no other ways untill he shall in close."
Samuell Morgen, aged thirty-two years, deposed that being at Major Hathorn's house he heard Mr. Mavarick, Jams Smith, Richard Ruland and the two Pechis make the agreement, which if not fulfilled, each should forfeit 100li. Sworn in court.
John Walderne and Peeter Greenfeild deposed that the wife of John Deverex desired them to go and see the fence which said Deverex had set up on his farm and against the common of Mar- blehead and they found it sufficient for three hundred rods. Sworn in court.
*Writ, dated 26 : 8 : 1669, signed by Hilliard Veren,§ for the court, and served by Erasomus James,§ constable of Mar- blehead, by attachment of defendant's house and land.
Erosemos James, aged about thirty-four years, deposed that he heard Peter Miller confess that Stephen French told him of the two barrels of mackerel that Joseph Bond took out of Cris- toper Latomor's stage because he "bongid them up" for said Bond.
Hen. Trivitt deposed that he heard Joseph Bowde confess it. Sworn in court.
Peter Miller deposed that he lost four barrels of mackerel, etc. Sworn in court.
Peter Miller's bill of cost, 1li. 9s. 10d.
Peter Miller's bill of cost against Mr. Bond for an arrest not prosecuted, "for my bringing to Salem prisson by the constable afterward being bayled by Capt. Corwine," etc., 14s.
tWrit, dated Oct. 27, 1669, signed by Moses Maverick,§ for the court, and served by Erasomus James,§ constable of Marble- head.
Joseph Bonde's§ bill of costs, 12s.
#Simon Bradstreet's bill of cost, 1li. 12s. 6d.
§ Autograph.
192
SALEM QUARTERLY COURT
[Nov.
Writ, dated Nov. 12, 1669, signed by Nathll. Saltonstall,* for the court, and served by Thomas Whittier,* constable of Haverill, by attachment of house and land of defendant.
Tho. Davis deposed that the day the breach was made in the sawmill, Ensign James Pecker was absent at the house of Mr. John Ward in Haverill, and deponent's son, Joseph Davis, having discovered a breach in one corner of the mill went with deponent to Mr. Ward's house and told Peeker of the breach, saying that he wondered that he should absent himself at such a time. Pecker replied that he was there as long as he pleased and knew no reason why he should be there any longer and after some demurring told deponent's son that he would accompany him, so they went, and all did what they could to stop the breach. Sworn, Nov. 27, 1669, before Nathll. Saltonstall,* commissioner.
Agreement, dated Oct. 31, 1668, between James Pecker,t of Haverill, carpenter, that for 20li. paid by Mr. Edward Tyng of Boston and Mr. Symon Bradstreete of Andover before Dec. 10, he would make up the breach of the dam of their mill at Haverill and set it to work, also to finish the other part of the dam and make the mill secure from water or flood for the next seven years, etc. Wit: Hudson Leverett* and John Lowlle .* Sworn, Oct. 22, 1669, by John Lowlle before Daniel Denison .* Owned in court by James Peeker.
Samuell Hesellton, aged about twenty-three years, deposed that during last Hampton court there was a flood occasioned by by rain, and deponent meeting with James Pecker, sr., said to him that there was a sad breach made in the dam. Pecker re- plied that the mill was in their hands now whose purses "would not easily be socked." The past summer there was a great flood and deponent being at the mill with Joseph Davis, saw the water working over at the corner of the mill on the bank next to said Pecker's house. Davis said he would willingly stay to help save the mill though it did not belong to him to do it. Deponent went into town and found Goodman Pecker at Mr. Ward's. Peeker said he did not know what to do with it and could not go home yet and chuckled. Deponent further testi- fied that there was a great breach made on the west side of the mill next to Pecker's, and the head of the mill foundered and sunk, and the east side of the flume next the town was broken out. Sworn, Nov. 29, 1669, before Nath. Saltonstall,* com- missioner.
Thomas Davis, aged about sixty-six years, deposed that he thought that James Pecker had too little for the doing of that bargain of work which he took last of the Worshipful Mr. Brad- stret and Mr. Tyng and that the work was well done, ete. Sworn, Nov. 27, 1669, before Nath. Saltonstall,* commissioner.
James Sanders deposed that Joseph Davis told Pecker to put
* Autograph.
t Autograph and seal.
193
RECORDS AND FILES
1669]
Mathew Farrington and Thomas Newell v. Mr. John Hathorne. Forfeiture of a bond. Withdrawn .*
Mr. John Hathorne, Mathew Farrington and Tho. Newell, referring to the bench the action depending in court between them and also an action commenced before the Worshipful Major Daniell Denisson, also another difference concerning Mr. Hath- orne taking another boat load of wood off the town commons, court adjudged that each party should bear his own charges and that the town of Lin shall have allowed them by Mr. John Hath- orne 25s., unless the town see cause to abate any part thereof.
Jno. Porter, sr. v. Richard Huchesson. Trespass. Done by his swine in plaintiff's meadow. Withdrawn.t
down a plank in the dam, but the latter said it was too late that night, and during the night a great rain came and Pecker bade them bring gravel, etc.
John Hutchins, aged about sixty-five years, deposed that Ensign Pecker's sawmill dam was firmer than it ever was when he was a partner in the said mill, and that Pecker was allowed too little for the work upon the last part of the dam, it being worth 30li., etc. Sworn, Nov. 27, 1669, before Nathll. Salton- stall,¿ commissioner.
John Corliss, aged about twenty-one years, deposed that he heard Joseph Davis send to Pecker to take up the flood gates, etc. Sworn, Nov. 27, 1669, before Nath. Saltonstall,} com- missioner.
* Writ: Mathew Farrington and Thomas Newhall; forfeiture of a bond; dated Nov. 23, 1669; signed by John Fuller,¿ for the court; and served by John Newhall,į constable of Lynn, by attachment of house and land of defendant.
Bond, dated Aug. 2, 1669, John Hathorne to Mathew Faring- ton and Thomas Newhall, for 4li. in merchantable or English goods at price current, for a bill of Capt. James Oliver. Wit: Nathanill Kirtlandį and Parnell (her mark) Kyrtland. Sworn in court.
+ Writ, dated 20 : 9 : 1669, signed by Hilliard Veren, for the court, and served by Henery Skerry,į marshal of Salem. Bond of Richard (his mark) Hutcheson.
Richard (his mark) Leach and Jacob Barney, jr.,¿ judged the damage to be 2li. 10s. Sworn in court.
Nathenell Engerson deposed that as he passed by the meadow, he saw swine in the meadow of Senior Porter, and the fence was down. Sworn in court.
Benjamin Porter, aged twenty-six years, and John Plum, aged #Autograph.
194
SALEM QUARTERLY COURT
[Nov.
Hen. Kemboll was chosen and sworn constable for Wenham.
Hackaliah Bridges v. Robert Peerce. For not giving satis- faction for goods left in his hands .*
about seventeen years, deposed that they found, on Oct. 10, 1669, about twenty-five swine of Hutchinson's in Porter's meadow rooting and turning up the ground, and that they were not yoked and ringed according to law. Sworn in court.
Joseph Huchinson, aged about thirty-six years, deposed that he had seen Farmer Porter's fence down in several places, etc. Sworn in court.
John Putnam and Robert Princ deposed that Farmer Porter's servants often hunted the hogs in his meadow with three great dogs, and hunted horses also and beat them, etc. Sworn in court.
*Writ, dated Nov. 22, 1669, signed by Robert Lord,t for the court, and served by Robert Lord,t marshal of Ipswich, by attachment of house and land of defendant.
Thomas Clark, jr., aged about thirty-one years, deposed that he asked Hackaliah Bridges what he did with his sloop and he said he had given it to Robert Pearce for the ripping up, reserv- ing only the old iron. Sworn, Nov. 26, 1669, before Daniel Denison.t
Robert Paynet certified, Nov. 27, 1669, that Bridges received of him in goods in Aug., 1668, upon Robert Prince's account, 25s. 4d.
John Growe deposed that the mainsail which Goodman Perce bought of Hackeliah Bridges was so rotten that he could hardly tell how to venture with it to sea. For the unrigging of the sloop, John Beery and deponent did it, and there was no cable in deponent's master's custody. Also that Thomas Clingen told him that the rigging and sail in question were worth about forty or fifty shillings and whoever gave more would buy it too dear. Sworn in court.
Samuell Graves deposed that Bridges assigned him to take of Robert Peirce of Ipswich, 18s. Sworn, Nov. 26, 1669, before Daniel Denison.t
Stephen Peirse, aged about sixty years, deposed that he appraised the cordage and sail at 50s. Sworn, 25 : 9: 1669, before Richard Cutt,t commissioner.
Tho. Clark, sr., deposed that Bridges had an old hulk of a sloop sunk near deponent's house in the river, and deponent having as fit opportunity as any other to rip it up, if it were worth the labor, asked said Bridges, but he said he had given it to Ro. Perce. Sworn, Nov. 26, 1669, before Daniel Denison.t
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