USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 23
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Copy of the records of the town of Ipswich, Mar. 27, 1643, concerning the bounds between Ipswich and Salem. William Hubbard, John Tuttle, Joseph Young, Jaffery Massy, Roger Connett, John Balch, Thomas Howlett and John Gage, appointed by both towns, determined the bounds as follows: "We conceiue that the meeting-houses of the two Towns stand from each other north norest halfe apoyt easterly and south southwest halfe a poynt westerly whether it be exactly soe or noe, we are fully agreed that the lyne betweene the two Townes shall run as followeth from the bound tree neare John Fairefields house west norwest halfe a poynt halfe a poynt northerly and East south east halfe a poynt southerly both wayes from the sayde bound tree." Copy made by Robert Lord,t eleric.
The selectmen's bill of cost, 3li. 8s. 6d.
Copy of Ipswich town records, Aug. 31, 1649, made by Robert Lord,t clerk: "It is therfore ordered that no pson whatsoever shall henceforth fell or cause to be felled any white oak without a pticular license from the 7 men under penalty of ten shillings for every offence, to be distrayned by the marshall and all psons that shall know any that offend against this order are desired to make knowne such offenders to the 7 men that soe the penalty may be taken out of which such as shall informe shall haue due sattisfaction for there paines."
Cornelious Kent, aged about twenty-five years, deposed that he saw John Dogge of Basse river, Rice Edwards, John Edwards, his son, and Johnathan Bialle sawing trees upon Ipswich common, as Goodman Storye said. Sworn in court
Seth Story deposed. Sworn in court.
Thomas Knoulton and Marshal Lord deposed that they being at Rice Edwards' discoursing about the trees they heard said Edwards say that after they had felled six or seven trees they let them lie on the ground to see whether Ipswich would say they were in the commons. Sworn in court.
Nieklis Marbell and Samuell Knoulton deposed that according to the desire of the selectmen, they went to forewarn them that they were trespassing and they found, etc. Sworn in court.
William Story, sr., deposed. Sworn in court.
+ Autograph.
225
RECORDS AND FILES
1670]
The selectmen, in behalf of the town of Ipswich v. John Poland. Trespass. Verdict for defendant .*
Thomas Bishop v. Esaiiah Odyhorne and Gabrill Grub. Debt. Defaulted by said Odyhorne.
John Emery v. Benjamine Roafe. Nonsuited.
Benjamine Roafe v. John Emery. Trespass. For mowing his grass. Verdict for defendant.t
* Writ, dated Feb. 23, 1669, signed by Robert Lord,¿ for the court, and served by Robert Lord,¿ marshal of Ipswich, by attach- ment of house and land of defendant.
Wiliam Story, sr., deposed that being sent into the woods by the selectmen he called Josep Knoulton with him and showed him the trees and said Pouland felled some of them, etc.
Copy of Ipswich town records, Feb. 16, 1668, made by Robert Lord,¿ cleric: "Wheras order hath beene taken that the number of Inhabytants of this Towne might not be increased to the pju- dice & damage of the comoners notwithstanding wch divers dwelling houses have beene built & more intended It is hereby ordered that no pson not admitted & entred as a comenour in this Towne shall directly or indirectly make use of any timber fire wood grasse or herbedge growing upon any of the Towne commons but soe doeing shall be counted a tresspasser, & for every tree of one sort or other & also for every load of wood or brush which he shall take from of the common he shall forfitt 20s. & if any comoner or other psons shall carry or conveye to any such pson any timber or firewood from off the Towne com- mons he shall forfit in like manner for every tree 20s. & for every load of wood 20s. and if any such pson not haveing right to com- onage shall put out of their owne ground or suffer there cattell horses sheepe or swine to goe & pasture on any of the Townes comons," they were to pay 2s. 6d. for each, etc.
Joseph Knowlton deposed that he heard Poland say the tree was so fast that he could not get it out of the swamp, etc. Sworn, Mar. 28, 1670, before Daniel Denison .¿
Nicklas Marble deposed. Sworn in court.
William Knoulton and Thomas Edwards deposed that Poland said he had leave of some of the selectmen to fell three or four trees for his own use. Sworn in court.
fCopy of records of a commissioners' court held Mar. 16, 1669-70 at Newbury, by Cap. Gerrish, Mr. Hills and Nicholas Noyes:
Benjamin Rolfe v. John Emery, sr .; trespass; for cutting a parcel of grass on a five acre lot that was John Muslwhite's, deceased, and for carrying away part of it.
# Autograph.
226
IPSWICH QUARTERLY COURT
[Mar.
Defendant acknowledged that he cut the grass and it made five small loads of hay.
Judgment for plaintiff.
Thomas Hale, sr., deposed that he was at said Muslwhite's house with John Emery and Richard Knight sometime in Jan- uary, 1668, and that said Emery desired Muslwhite to give him a deed of the meadow and the latter replied "I neuer made but a conditionall bargaine with you and you haue alwayes broke the conditions and therefore you shall haue it no longer." Fur- ther, when he came to ask his pay, he said several times that he gave him bad language. There were due to Muslwhite from Emery 9s. 6d., partly for rent and partly for grass in the orchard.
After this, John Emery, by constable Nathaniel Clarke, served two attachments upon Muslwhite and before court time, Emery said he would let them fall and leave it to his conscience. After this, Muslwhite said that he would sell his house and land and John Emery told deponent that he was willing to buy it, and the price was four pounds a year during his life and at his death, 30li. to his executor. Emery said he would never give that price. Richard Knight deposed the same. Copy made by Anthony Somerby,* clerk.
The court was informed that by this covenant about fencing in of their field and the share of fence laid out for their meadow on Feb 28, 1653 this land was then in possession of John Musl- white and not John Emerie, therefore the former was compelled to do it and not said Emerie. In this covenant, John Pike had twenty-seven rods of fence belonging to his land but the fence was laid out to his tenant Samuell Moore.
John Emery, sr., certified on Mar. 18, 1669-70, that he ten- dered Bengemen Rolfe, executor of the estate of John Muslwhite, one young cow, one heifer, one horse, two bushels and a peck of wheat, to be appraised by indifferent men, in consideration of the five acres he bought of said Muslwhite. Wit: John Webster* and Richard Shatswell .* Sworn in court.
Henry Sewall* and Richard Shatswell* deposed that on Feb. 15, 1668, being desired by John Emery to go to John Musellwhite, they heard the latter acknowledge he had sold five acres to Emery for five pounds to be paid after Musellwhite's death, and 10s. yearly in wheat as long as he lived; also that everything was paid to date, and Mussellwhite said he would give him an acquittance as soon as he was able to go to Richard Knites. Sworn in court.
John Emery's bill of cost, 19s.
John Emery, aged forty-two years, and John Webster, aged thirty-eight years, deposed "that our father Emerry hath Injoyed and made use of this meadow as his owne ninteen years the last July or mowing seson." Sworn in court.
* Autograph.
227
RECORDS AND FILES
1670]
Copy of a town record made by Richard Knight :* "This 3 day of october 1653 at a meeting of severall of the Inhabitants of the old toune between the great River and the ox Comon and so Joyning to the street: and wheras we haue found upon Exam- ination that we haue not yet Com into good order nor yet that ther is anie Rule of Justice wherby we have made our fences but that som have made to little and som to much and som not at all and that som Evrie yeare have bin faine to keep ther Corn from Cattell and swine and likewise that som after ther own Corn is in put Cattell in to the feeld before other mens Corn is out of the feeld which haue bin troubl- som to many: We therefore for our own peac and the good on of an other haue Considered and by thes psent do agree that hauing acounted the plow land within thir feeld and the pastur land Joyning to that and the medow Joyning to the pastur .It a Riseth to be 3 Rod and a halfe of fence to Eurie acer of plow land and one Rod to Evrie acer of pastur land and on Rod to Evri acer of medow to the Creeke: to be made and to be allwais kept in sufi- cient Repair by the owners of the land to keep out Cattell and swine out of the field when ther is anie damag to be don: Lik- wise we do agree that Evrie Mans share or portion of fence shall be laid out to the Most Conveniencie of his land what may be and likwise wee do agree that when anie mans land is fenced in perticuler to him selfe: then he shall be freed from his portion of generall fene and the Rest that ar in generall shall both make it and maintain it in suficient Repare.
"Likwise we do agree that besid that which is before men- cioned if anie part of anie Mans portion of fene be found to be down or Insuficient by the 25 of March from yeare to yeare if anie one that haue land in the feeld do giue him or them warning that ther fence is doune or Insuficient if they do not make it suficient in 3 days after he shall forfit twelue pene a time to be paid to him that gaue the warning and pay all damag beside: vnto all thes perticulers aboue mencioned we the major part do Ingaig ourselues and here vnto we set our hands. Richard Knight, William Iellesly, Nicholas Batt, Richard Dole, Thomas (his mark) Silve and Thomas Blomfeeld."
Those who owned shares in the fence: Thomas Blomfeeld, John Pike, sr., Richard Dole, Tho. Silve, John Muslwhit, William Ilsly, Frane Plomer, Nicholas Batt, Rich. Knight, Sam. Plomer, John Roffe.
List of the portions of fence laid out on the side next the ox common, Feb. 28, 1653, beginning at the ditch by the meadow, to Sam. Moors for the land which is John Pike's, etc. Copy made by Richard Knight .*
Thomas Hale* certified that the attachments served were upon the land in controversy, and Richard Knight* certified that John
* Autograph.
228
IPSWICH QUARTERLY COURT
[Mar.
Emerie said he would leave it to John Muslwhite's conscience. Sworn in court.
Indenture, dated June 30, 1669, between John (his mark) Muslwhitet of Newbery and Benjamin Roffe of Newbry, said Muslwhite sold to Roffe five acres adjoining John Emery's land on the west, Edward Woodman's on the north, Abell Hewse on the south and Richard Dole on the east, also houses, orchard, freehold or commonage, and two acres adjoining land he lately sold Samuell Plomer on the north and east, Thomas Silver on the south and the street on the west, reserving only the little house he then lived in and the little plot of land before his house to the street while he lived, "and if my kindsman do Com ouer for my Estat within a yeare after my decease then he shall haue libertie to dwell in or mak use of my litl house and that litl plot of land before mentioned for one yeare." Emerie was to pay him 3li. 10s. a year during said Muslwhite's life in wheat, barley, Indian corn or malt, at some place between the meeting house and the old town, and at his death to pay 30li. within a year. Possession was given by turf and twig. Wit: Richard Knight* and Thomas Hale, sr .*
Benjamin Rolfe's bill of cost, 18s. 2d.
Thomas Hale, sr., and Richard Knight testified that they saw said Muslewhite give Rolfe possession by turf and twig. Sworn in court.
Thomas Hale, sr., testified that Muslewhite employed him to forbid Emery to cut the grass. Sworn in court.
John Webster deposed that his father-in-law Emery had enjoyed this meadow eighteen or twenty years. Sworn in court. Copy from the commissioners' records made by Anthony Som- erby .*
Steeven Webster, aged about thirty-one years, deposed that he had mowed this meadow for Emery. Sworn, Mar. 23, 1669- 70, before Nath. Saltonstall,* commissioner.
John Emerry, jr., aged forty-two years, deposed that he had heard his father ask John Musselwhight to give him a deed of the meadow, and he replied, "what need you be so earnest for a deede you haue it in posesion doe you think I am a knaue you shal not need to feare it I will give you a deed before I dye or els if I doe not I will leaue order with him whom I shall a point to be my execeter to give you a deede of it." Sworn in court.
Richard Shatswell and John Webster deposed that they being in the meeting house at Newbery when the action between Rolfe and Emery was in hand, they heard Richard Doel say that Muselwhite did give him order to make the deed, when the latter lay sick and likely to die, etc. Sworn in court.
Richard Dole, aged about forty-six years, deposed that five or *Autograph. +Seal.
229
RECORDS AND FILES
1670]
Frances Wainwright v. Thomas White. Debt. Defendant acknowledged judgment to plaintiff, and the action was with- drawn.
Frances Wainwright v. Wm. Reiner. Debt. Verdict for plaintiff .*
Thomas Knowlton acknowledged judgment to Theophilus Willson as executor to Gyles Birdley.
Daniell Pearce, constable of Newbury, for not making return either of constable or juryman, was fined 10s., and was to con- tinue constable until the next court.
Mr. Hilyard Verren presenting a written will of Wm. Powell testified upon oath by three witnesses, court accepted the pro- bate, said Hillyard giving bond of 15li. that the estate be ordered according to the will and to save the court harmless from any after claims by a written will of an after date.
Andrew Peeter had his license renewed for a year.
Hugh Marsh was licensed to keep ordinary at Newbury for a year and to draw wine.
Wm. Tittcomb and Anthony Somerby engaged to the court that what Henry Jaquis should make appear that he was damni- fied by preparing to keep an ordinary, being encouraged there- unto by the selectmen, they would make him satisfaction.
John Sorla had his licence renewed for a year, also his license to draw liquors for a year.
John Clements of Marblehead had his license renewed for a year to keep ordinary.
Tho. Judkins was licensed to keep ordinary at Gloster for a year.
six years past Hinere Shoort, William Moody and John Moussell- white were at his house when John Emery asked for a bill of sale and Moussellwhite refused to give it to him, etc. Sworn in court.
* Writ, dated Jan. 10, 1669, signed by Daniel Denison,t and served by Robert Lord,t marshal of Ipswich, by attachment of land of defendant.
William Rayner's bill of cost, 1li. 10s. 8d.
Agreement of William Rayner, dated June 17, 1669, to pay 11li. 16s. 2 1-2d., in good wheat, barley or pork, etc. Wit: Jno. Wainewright. Sworn in court. Copy compared with the book in court.
t Autograph.
230
IPSWICH QUARTERLY COURT
[Mar.
Ralfe King of Lynn had his license for selling liquors renewed for a year.
John French was sworn constable of Topsfield.
Nath. Wells was discharged of his bond for Peeter Stricland.
An Indian called Nimrod being convicted for attempting abuse to a married woman in her own house and threatening to kill her with a naked knife in his hand if she would not be quiet, was ordered to be whipped and wear a paper written in capital letters as ordered by the court in all English towns and planta- tions or else to be taken and whipped by the constable .*
An Indian called John, convicted of offering abuse to an English woman in her own house, was ordered to wear a paper written in capital letters when he comes into any English town or plan- tation, and if taken without it, to be whipped by the constable .*
*Edmund James' complaint: "that on Dec. 10, 1669, an Indian named Nimrod, with three other Indians, came to said James' house and without leave, calling or knocking, his wife being at home alone, sat down by the fire to warm themselves. Nimrod became bold "asking her the said Edmunds wife if she haue husband. she say vea. he said where he walke. she said litle way fetch pigsack. Nimrod say you much ly. me great wakke woods today. me no see pigsack. he no litle wakke he great way walke. come you give me meechin. mec haue puddin. mee haue meat wunnegin. she speake by by my husband come much hungry. he said your sannap be hangd me haue meechin. and so searching about the house for victaules but finding none drest he sate downe againe by the fire and began to speake partly in indian and in broken english. some baudy discourse about women which she began to understand and was sore afraid she standing knitting in the chimney corner with her backe towards him the other indians all the time laughing. . . hauing a knife in a sheath hanging with a string at his backe he drew it out and holding it with the hafte in his hand and the blade of it vnder- neath his hand ready to strike. . . then one of the other indians came and laid hold of him by the arme and pulled him away and speaking in indian tooke up theirs guns and hatchets and went away and I the said Edmund James shortly after coming home and finding my wife weeping told me how she had been afrighted with indians and told me she know the indian againe if she could sce him and this aboue writen is her afirmation. now the next day in the morning as I the said Edmund was going to giue my cattell meat my wife called me and said there was an indian a coming and so by that time that he came up to the house I came and my wife told me that this was the very indian which ofered
231
RECORDS AND FILES
1670]
John Hull dying intestate, court granted administration of the estate to Margaret Hull, the widow, she to pay the debts and to have the rest of the estate. The inventory amounted to 47li. 16s.
Mr. John Cogswell dying intestate, court granted adminis- tration to Elizabeth, the widow, she to enjoy the whole estate during her life. The inventory was delivered into court.
her abuse the day before. then I asked him if he come my house yesterday. he say yea. I aske him how many mans come with him. he speake three more mans and aske me if I no know him. his name nimrod." Sworn by Edmund James and his wife, Dec. 20, 1669, before Simon Bradstreete .* Bonds of Edmond James and Jonathan Gage.
"To the keep. of the prison att Ipswich. I haue sent y" here- with the bodyes of two Indians the one called Nymrod the other John, both of them accused & charged wth the attempt of a rape of two women. Theis are therefore in his Maties name to will & require y" to receive them into ye prison & them safely keepe till they be thence delivered by order of law & hereof y" are not to faile att yr p'ill. dated 20th decr. 69. Simon Bradstreete Assist"
John Severance, aged about twenty-two years, deposed that "upon Fryday was senet last" about an hour before sunset, coming with his sled by the house of Edmond James he stepped into the house to light his pipe, and found said James' wife almost distracted, etc. That she asked him to stay there for she was afraid of the Indians. Sworn, Dee. 20, 1669, before Simon Bradstreete .*
Nymrod admitted that he was in the house, but denied the accusation.
Charges of the keeper, Theophilus Wilson: two Indians put in prison, 10s .; 20 days diet, 13s .; for two to work one night, 2s .; for putting on and of of fetterss, 2s .; total, 1li. 7s.
Complaint of Esther, wife of Jonathan Gage, concerning an Indian named John, who came to her house when her husband was not at home the latter end of March, 1669: Said Jonathan that day was employed about raising a house about half a mile distant from his own house and went to his father's house to fetch some one to be with his wife to help her. Being in haste, he did not go into the house but setting down the woman at the house end and knowing nothing of the Indian being there, rode away again to his work as fast as he could. In the meantime the Indian became very bold, asked for "meechin" and took some bread and ate it, etc. Also at another time Gage met him as he was going to Ipswich and the Indian knowing him went straight away to Gage's house. The dog barked and his wife
* Autograph.
232
IPSWICHI QUARTERLY COURT
[Mar.
John Webster, complained of for reading a paper having many charges against Mr. Parker and being asked what answer he made for charging Mr. Parker about his two sermons, he said he con- ceived so. Said Webster being convicted for publishing and reading in the meeting house at Newbury on a Lord's day in February last without and against the express consent of their officers a scandalous and reproachful libel or writing against Mr. Parker, declaring it to be in the name of the Major part of the brethren, which upon a full hearing he had not in any meas- ure made good, he was ordered to be admonished and bound to good behavior, to pay 10s. for telling a pernicious lie and to pay the charges of the jury for one meal .*
went to the door and seeing the Indian, shut the door. But he pushed in the door and asked her "where her sannap. she say litele way walke, then he said you much ly. mee see almost rowly. he no come this night. mee sleepe heere to night. heere at your fire," etc. At last she slipped out and went to her father Gage's house and when she saw the Indian gone, went home again. Sworn in court.
*Warrant, dated Mar. 30, 1670, to John Webster, and to wit- nesses, Nathaniell Clarke, Abiell Somerby, Nicolas Noyse, Mr. John Woodbridge and Capt. Wm. Gerish, also to warn Daniell Perce, jr., and John Attkinson, at the same time, signed by Robert Lord,t clerk.
Paper publicly read by John Webster, Feb. 13, 1669, as a complaint to the church: "Wheras mr Parkar & the brethren adhereing to him as he saith haue lately read or caused to be read in the publick congregation before the church & Towne a writeing wherin is conteined diuers charges (some Implicit & some explicit) vpon the brethen which they say are opposed vnto them, and that they say they are Justly offended with them for sundry scandalous practises by them comitted, who by their disorderly carriag, haue demeaned themselues unsutably to the order of the gospell, & irreuerently towards their pastor, in that they haue not attended his counsell & declaration of the will of christ, to the frequent breach of order in publick meet- ings, and for acting as a divided body from their pastor, & the rest of the brethren voteing their acts as church acts, and pub- lishing them with other particulars presented to the councill lately assembled who determined & wee with them do Judge that such practicis are breaches of church order peace & unity, also you seeme to lay the Major part of the church vnder a censure and to deny Any further treating with them vntill they haue
tAutograph.
233
RECORDS AND FILES
1670]
reconciled themselues to their offended brethren by confessing such faults as you haue charged vpon them.
"To theis things thus charged upon us, the major part of the brethren of this church adheering to Jesus christ and to his word do answer that wee do not Judg our selues guilty of those sins as you haue publiekly charged vpon us, haueing duely examined our consciences & actions by the word of god, and therfor cannot approve of your proceedings therin, but doth conceive that you have proceeded therin besides the rule that christ hath giuen his church to walke by, and haue exercised lordship ouer gods heretag, by charging the major part of the brethren of the church as wee conceiue vnjustly with many sins, which you do not so much as name nor specify in any such way, as wherby we may know what they are, much lesse to be conuicted that we are guilty of such sins, but vnder generall heads of sins as that wee know not what they are for the generall of them, nor who are actually guilty of them, if any such should be committed by any of the brethern: therfor it cannot tend to conuiction or reformation of sin, but rather as wee conceiue it must proceed from some dis- temper of spiritts, and so to be accounted to cast an odium vpon us & upon the cause wee maintaine, wee do therfore conceiue that that writing is not regular, nor that || wch|| will stand with the rule of the gospell, to proclaime before the church and Towne that wee are sinners, and that you are Justly offended with us, before you haue used any due or regular meanes to conuict vs, or made any due proofe against us, that wee are such as you haue proclaymed vs to be, therfore wee take it to be a sentence before Judgment, the coursest proceeding among men, we do therfore hereby testify that we are Justly offended with your irregular proceeding in casting such publiek scandals vpon us without due cause & besids due order, and wee cannot satisfy our consciences, otherwise then to declare our dissatisfaction with your proceeding & shall take into due consideration what god doth further call for at our hands to beare further witness against such doings and for the reformation therof.
"Also wee do beare witnesse against your two sermons out of mat: 18, 17 the one preached Jan: 30 the other febr. 2 wee conceiue you haue not followed the mind of christ, in seuerall things conteined in the same sermons, but contrary thervnto and contrary to the order of the churches established by the generall court contrary to the synod booke, contrary to the practise of all the churches in this Jurisdiction, tending to the breach of peace ciuill & ecclesiasticall, and haue its tendency to the under- mineing & destroying of all church order allowed in this Juris- diction."
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