USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 24
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Jo. Woodbridge* affirmed that the copy he delivered in the case of John Webster was a true copy of what Capt. Geerish
*Autograph.
234
IFSWICH QUARTERLY COURT
[Mar.
John Webster acknowledged a bond, with Wm. Tittcomb and John Emery, jr., as sureties.
Capt. Paul White, Frances Wainwright and Thomas Bishop had their licenses renewed for a year.
Edward Hassen had his license renewed for a year, also his license to draw liquors for a year.
John Gould was licensed to draw cider and liquors for six months.
Nicolas Vauden, for running away from his master Robert Crose, having been convicted formerly divers times, and stealing 7li. 9s. from his master, also loss of time in pursuing him and bringing him back, was ordered to pay 40li. to his master, to be branded on the forehead with the letter R and to be severely whipped.
Philip Fowler, complained of for refusing to assist the con- stable, was fined.
John Death and his wife were fined for fornication before marriage.
Thomas Balancher was fined for his offence in the meeting house.
Samuell Coggswell declared in court that he was willing to dwell with his grandmother Cogswell until he should reach the age of twenty-one years.
brought to him as the original delivered to him by Caleb Moody. Sworn in court.
Capt. Gerish's bill of cost in the complaint against John Web- ster, 3li. 15s.
Abiel Somerby and John Atkinson made oath that the paper read in court was the same paper verbatim that Webster read in the church at Newbury. Sworn in court.
Wm. Gerrish* testified that Webster said he should have the paper at Caleb Mody's, etc. Sworn in court.
John Actison testified that he heard Capt. Wm. Gerrish com- mand Caleb Moody to sign the paper and he said he would if he could have the paper which was in the meeting house, etc. Sworn in court.
Richard Knight* affirmed that Robert Long and Benjamin Roffe told him that they never saw nor heard of the paper that was read, etc. Sworn in court.
Nicholas Noyes* affirmed the same, and further that Georg Little said he never consented to it nor never would, etc. Sworn in court.
* Autograph.
235
RECORDS AND FILES
1670]
Stephen Crose, for contempt in not appearing to answer his presentment, was fined and ordered to appear at the next session .*
The county stands indebted to the Treasurer, 30li. 17s. Five shillings were given to the house.
COURT HELD AT SALISBURY, APR. 12, 1670.
Grand jury: Isaac Perkins, foreman, Jno. Marian, Tho. Sleeper, Willi. Marston, sr., Tho. Webster, Tho. Barnard, sr., Jno. Weede, Nicolas Smith, Jno. Haseltine, Steven Webster, Jno. Ilsly, Henry Brown, Jno. Gill and Robert Smith.
Jury of trials: Abraham Pirkins, foreman, Morris Hobbs, Jno. Cass, Tho. Levitt, Will. Buswell, Ephraim Winsley, Joseph Fletcher, Nicolas Lissen, Jno. Sinklar, Samll. Foot, Tho. Sargent, Peter Eyer, Joseph Jonson, Isaac Colby, Mr. Hen. Dearing, Lt. Georg Brown, Wm. Sargent and Tho. Nicols. Robert Swan in Hobb's case.
Ensign Jno. Samborn and Henry Roby, in behalf of the town of Hampton v. Jno. Gilman and Jno. Young. Trespass. For coming upon their land at Bride hill near the country highway and for building upon said land after they had warning given them to forbear; also for disparaging the right of the town of Hampton and for endeavoring to convert the right or title of said land to themselves. Verdict for plaintiff.
The Worshipfull Samll. Symonds, gent., executor of the last will and testament of his son Samll. Symonds, jr. v. Robert Wadleigh. By whose gift said Samll. Symonds, sr., claims to have half his farm at Lampcele river, which Samll., jr., purchased of his brother Harlackinden Symonds, to whom Samll. sr., for- merly gave it; for entering upon and possessing their said farm, for building upon it, felling timber and sawing it into boards, etc. Verdict for plaintiff. Appealed to the next Court of Assistants.t
*Isaacke Foster testified that upon a lecture day in sermon time he saw Stephen Cross and Thomas Deblanchet strike at each other and saw the latter's mouth bloody. Sworn in court.
+Edward Hilton, sr., deposed that many years since he was present with Mr. Samuel Symonds, sr., when he came to take possession of his land at Lampry river, and this was before Mr Wadleigh's mill was built. The mill was built when Mr. Symonds marked the tree S. S., about where the flume of the mill is now.
236
SALISBURY QUARTERLY COURT
[Apr.
Mr. William Symonds v. Robert Wadleigh. The defendant being called, Capt. Waldern and Mr. Job Clement made request to the court from said Wadleidg that the court would be pleased to grant him liberty until the evening to answer, intimating by them that he could not appear till then. Verdict for plaintiff. Appealed to next Court of Assistants. Appeal withdrawn.
Tho. Philbrick v. Ralf Hall. Debt. For white oak pipe- staves which should have been delivered at Mr. Jno. Cutt's wharf by May 1, 1667. Withdrawn .*
Capt. Walter Barefoot v. Antipas Maverick. For with- holding 20li. paid for him to Doctor Couch. Verdict for plaintiff.t
Capt. Walter Barefoot v. Robert Wadleigh or Jonathan Thing for not prosecuting an appeal made by said Wadleigh from the Court of Assistants held in Portsmouth, Dec., 1668, to the next County court held at Dover or Portsmouth, upon the forfeiture of 20li. Verdict for plaintiff. Appealed to the next Court of Assistants.#
Capt. Barefoot v. Joseph Davis. Review of an action tried at Salisbury court, 13 : 2 : 1669, concerning taking away 20li. of said Davis' estate by an assigned execution. Verdict for defend- ant. Court did not concur.§
The tree is now gone. At that time there were also present Mr. Eppes, deponent's son Edward and others. Sworn, Apr. 12, 1670, before Samuell Dalton,|| commissioner. Copy made by Tho. Bradbury, || recorder.
Mr. Charles Hilton deposed that about nine or ten years since, he with Mr. Harlakinden Symonds built a house about twelve feet in length and eight feet broad, which stood within ten rods of the tree marked S. S., and it was covered so that men might lodge in it. Sworn in court.
*Writ, dated Apr. 4, 1670, signed by Samll. Dalton, for the court. Bond of Ralph Hall | and Edw. Smith.||
+Execution, dated 15 : 2 : 1670, signed by Tho. Bradbury, || recorder, and served by Abraham Drake,|| marshal of Hampton.
įWrit, dated Nov. 22, 1669, signed by Elias Stileman, for the court, and served by Saml. Levitt,!| constable of Exeter. Bond of Jonithen (his mark) Thinge.
§Bond of Joseph Davis|| of Haverhill and Thomas (his mark) Davis of Haverhill, mason, dated Apr. 1, 1670, for Joseph's appearance. Wit: George Browne|| and John Jonson .!!
||Autograph.
237
RECORDS AND FILES
1670]
Morris Hobbs v. Peter Abbitt. For withholding pay due said Hobbs for wintering a mare in 1665-6 at 55s. Verdict for plaintiff.
Tho. Mudgett was sworn constable for the town of Salisbury for the ensuing year.
Henry Roby was allowed to keep an ordinary in the town of Hampton, and to sell beer, wine and strong waters by retail. He was bound not to suffer any townsmen's children and servants to lie tippling in his house.
Willi. Huntington was freed from training.
Leift. Challis, Richard Currier and Wm. Barnes were approved, and sworn commissioners to end small causes in Amesbury for the ensuing year.
Christian Dolhoff, presented for striking John Smith, was fined upon his confession.
Abraham Brown was fined for rescuing his mare.
Mr. Jno. Rayner took the freeman's oath, being approved by the General Court.
John Osgood and wife Mary, for fornication before marriage, were ordered to be whipped ten stripes or pay a fine.
Jonathan Robinson and wife Lidia, bound to this court by Mr. Sam. Dalton, for committing fornication, were ordered to be whipped ten stripes or pay a fine.
John Hazeltine was ordered to deliver the cloth-workers' shears and the implements belonging to them that were left in his hands among the goods of Samll. Willeott of Haverhill, deceased, to the man of whom said Samuell bought them, if he had not as yet been paid. He was further ordered to pay the man what more was due him beyond what the shears amount to, which were not appraised in the estate.
Willi. Sargent and wife Mary, for fornication, were ordered to be whipped ten stripes or pay a fine.
Mehetebell Smith, convicted for stealing several goods from her master Lt. Georg Brown and for running away from his service, was sentenced to be whipped ten stripes or pay a fine .*
*Josef Paige deposed that he heard Elesebath Daves say that Mehitabell Heldrig had not stolen the scarf but that she, Mehit- abell would do it. Sworn, Apr. 11, 1670, before Nath. Sal- tonstall,t commissioner.
Mathew Clarke deposed that "as Elesebeth Daues and I were t Autograph.
238
SALISBURY QUARTERLY COURT
[Apr.
Jno. Hussey, presented by the grand jury for not frequenting the public ordinances of Christ on Lord's days, and convicted in his examination, using reproachful speeches against Mr. Cotten and his doctrine, was fined.
Steven Hussey, Rebecka Hussey and Tho. Chase, presented for the same offense, were to have a legal admonition.
Old Goodman Marston's presentment was referred to the next Hampton court.
Robert Wadleigh, Jonathan Thing and Joseph Davis were bound for Rob. Wadleigh in his action with Samll. Symonds.
Georg Carr, jr., Wm. Carr, Tho. Currier and James Freez took the oath of fidelity.
Mr. George Carr engaged to keep the ferry at Almsbury at Mr. Goodwin's landing place upon the same terms that Mr. Goodwin kept it by order of Hampton court in 1668, which was granted by the General Court likewise.
Ordered that Elizabeth, daughter of Edw. Cottle, should live with Thomas Barnett, sr., of Almsbury until she reached the age
coming from the mell she told me as she feared non of them all about wt she had sead for the capten and hor onkell brown would bare hor out in it what she had sed." Sworn, Apr. 11, 1670, before Nath. Saltonstall,* commissioner.
Josep Clarke deposed that he being at Elesebeth Dafes' grand- father's house, Bety Davess told him, etc. Further she sent him "into my ante Sachell's house to call Bado to hor, and I did call him and he went out to hor in to ye street." And three nights when her grandfather's cows were come home and she should have milked them, she drove them from home a good way toward the east end of the town. Sworn, Apr. 11, 1670, before Nath. Saltonstall,* commissioner.
Elizabeth Shurat deposed that coming to Danyel Ely's house she heard somebody say that Elesabeth Davise told that she knew who had the scarf, that it was not Badow but some other, and that Mehetabell Holdredge had taken linen clothes from her dame Browne, and said Mehitabell's mother did chide her very severely. That said Elisabeth was in love with Badow, ete. Sworn, Apr. 11, 1670, before Nathll. Saltonstall,* com- missioner.
Lydr. Williams testified that Francis Bado "tendered mee a peice of Silke rolled up like vnto a scarff wch I refused replying that I would not haue anything to doe wth him." Sworn, Apr. 11, 1670, before Nath. Saltonstall,* commissioner.
*Autograph.
239
RECORDS AND FILES
1670]
of eighteen years, when he should give her a suit of apparel. If her parents sent for her before she was eighteen, she was to be delivered to them, in case they pay meet recompence to said Barnet.
Mr. Cotten, Mr. Samborn and Mr. Dalton, a committee appointed to audit the accounts of Robert Smith concerning Read's child, were given power until Hampton court next.
Henry Brown was dismissed from all trainings, allowing ten groats a year to the military company of Salisbury.
Tho. Barnard, sr., was allowed and approved of to keep an ordinary in Almsbery, and to sell strong beer and cider.
Georg Martin's bond of 20li. for his wife's appearance was continued to Hampton court next.
Allowed to Mr. John Gillman for five days' attendance upon a Hampton case, ten shillings.
Ordered that so much of the land of Jno. Filbrick, late of Hampton, deceased, should be sold as would pay for what remained due for the bringing up of the children of said Phil- brick; also that the 9li. 1s. 2d. due to Tho. Philbrick be paid in land as it was appraised in the inventory.
Ordered that the administrators of Mr. Jno. Carleton's estate make assurance of the lands sold by Mr. Carlton or else to return what pay had been received.
John Severance had his license renewed.
Daniel Ela had his license renewed.
Jno. Godfrey, convicted for profaning the Sabbath by unnec- essarily travelling from town to town and attempting to get false testimonies, was ordered to pay a fine. Godfrey appealed to the next Court of Assistants. John Godfrey, Peter Godfrey and Jno. Kimball bound.
Daniel Ela of Haverhill was ordered and bound to answer to Jno. Godfrey at the next Court of Assistants.
Ten shillings were allowed to the servants of the house.
COURT HELD AT IPSWICH, MAY 3, 1670, BY ADJOURNMENT.
Samuel Hunt, in behalf of his wife, appealed from a sentence given by the Worshipfull Mr. Samuell Symonds about Sarah Roper, upon suspicion of theft wherein Mr. Symonds found a suspicion. Court saw no cause to alter the sentence .*
*Warrant, dated June 14, 1669, to Sara Roper upon complaint of Elizabeth Hunt for stealing a bodkin, a previous warrant hav-
240
IPSWICH QUARTERLY COURT
[May
ing been issued in May last, "and by reason of the extremity of the wether, I could not then come to Towne to hear the case," also to Lidea Burnham, Judith Browne and Mary Burnham, as witnesses, dated June 24, 1669, and signed by Samuel Symonds,* who ordered her to be brought to him, after the meeting, at his town house. "Necessary occasions hindring. the case being heard," another warrant was issued on Apr. 18, 1670.
Elizabeth Hunt's complaint made before Samuel Symonds :* "That the last Sabboth day (being the second day of may) my child stoode uppon the seat by me with my bodkin in his hande, then he stept of the seat in my lapp, laying hold on the waynscott, with the bodkin in his hande. and I saw the child drop the bodkin downe. it glanct on the waynscott and soe I heard it gingle on the flore, betwixt Sara Day and the said Sara Roper. Then I saw the said Sarah putt downe her hande betwixt Sara Day and her selfe, where I saw it fall and I did apprehende she was taking it up to give it me; but she pullde up her hande againe, and with her other hande moved her stoole, and Sarah Day her chayer, both standing up, then the flore being cleare, & I seing it not wondred at it, suspecting then that the said Sara Roper had taken it up. soe being in tyme of exercise, I wished them not to trouble themselves, but lett it alone till after Sermon. Then afterward in the tyme of contribucon, I the said Elizabeth Hunt stood up looking over the waynscott, shewing my desire to have them looke a little for it. Then the said Roper stood up and moved her stoole againe seeming to looke for it, and laying one hand on the waynscott and poynting with the other said it were in that crack. Soe I then thought by her words she saw it, but could not get it. Then after the people were all gon I looked diligently for it, Mr. Wilson being present but we could neither of us finde it."
Copy of Sarah Roper's answer to the complaint made before Samuell Symonds :* "Whereas in your warrant you are pleased to charge me wth stealing your bodkin, which is altogether false, I stole it not. And in your complaint you say you suspected that I had taken it up, in which supposition you are all much mis- taken, as you were in yor charge, for I doe affirme that I tooke it not up, neither did I see it nor feele it, untill I came home and a little before night, sitting in the howse, I was turning up the cuff of my sleeve, & feeling some thing there, pulled downe my cuff, & there I found a bodkin, which I prsently shewed to the folke in the howse, who read the name & said it was good- wife hunts bodkin. And p'sently after, I spake to my brother to carry it, for I said may be the woman will be troubled for it. But he refuseing to carry it, the next morning I gave it to my sister, who deliverd it to her at the buriall of goodwife Whipple And when the people came to the buriing place, I went to good-
*Autograph.
241
RECORDS AND FILES
1670
man Smiths to see if [I] could see goodwife hunt to tell her that I had sent the bodkin by my sister but when I saw my sister there I thought she had given it her, & therefore said nothing to goodwife hunt. And as the bodkin was suddenly lost, soe it was suddenly found & as speedily returned to the owner And therefore I suppose noe reason of charging me with it, or to make any complaint against me for it, by reason the owner re- ceived it without any damage. further in case goodman hunt had bene greived with me, I thinke it had bene his place to have complained, & not his wife likewise in case nothing will please her, but she will goe about to prove me a theef, & that I have stolen her bodkin then, if I mistake not, she proveth her self acces- sory to the law, of what she would make me guilty of, in her receiving her bodkin without any due order of law. I doe fur- ther apprehende goodwife hunts complaint to be groundles, for it is a meere contradiction as he that is wise may easely discerne, and we can proove an utter falsehood as to the case."
Reasons of appeal, signed by Samuel Hunt,* and received, Apr. 27, 1670, by Samuel Symonds :* That the claim that the bodkin was found in her cuff seems to be impossible; also "when the case was in Triall theare was such a clamor or tumaultious noisse: and such excleaming and derideing of us who did prose- cute. . . that his worship could not so thoraly understand the case .. . as he could if theare had bin better decorum"; and because he would take every means to "silene the mouths of those: that are so redy to tacke the part of such who haue bin knowne to be such euell minded persons."
Judgment of Samuel Symonds, dated Apr. 21, 1670, and bond of Samuel Hunt, in behalf of his wife, and John Browne, glazier, to prosecute the appeal.
Lidea Burnham, aged twenty-four years, deposed that she heard the bodkin fall, etc. Sworn, June 24, 1669, before Samuel Symonds .*
Mary Burnham, aged about eighteen years, deposed. Sworn, June 24, 1669, before Samuel Symonds .*
Mary Burnham and Johanna Burnham, aged sixteen years, deposed that Sarah Roper had on a dark colored serge waistcoat, with a limber, shallow cuff not lined, open at the top, which was not close to the sleeve but hung down. Also that after the stir had been made, the next time Sarah Roper went to meeting she had the cuff turned up a good deal higher, and they noticed it because Goodman Roper had said the bodkin fell into her sleeve. Sworn, Apr. 21, 1670, before Samuel Symonds .*
Thomas Smyth, aged twenty-two years, deposed that Sarah Roper "came to our house & inquired for goodwif hunt, to tell her she had sent the bodkin to her sister Sparks, by her sister Betty." Sworn, Apr. 21, 1670, before Samuel Symonds .*
* Autograph.
242
IPSWICH QUARTERLY COURT
[May
Stephen Crose, for striking in the meeting house, was fined.
Sarah Day, aged nineteen years, deposed. Sworn, Apr. 21, 1670, before Samuel Symonds .*
Martha Gilbard, aged twenty-one years, deposed. Sworn, Apr. 21, 1670, before Samuel Symonds .*
Mary Waite deposed that speaking with Goodwife Hunt near the Major's gate, the latter told her that she had been to talk with the Major about it, but he would not have anything to do with it as he had been concerned with Sarah Roper before. The Major's wife said she should not come there to be examined, he adding, "my wife is afraid of her." Goodwife Hunt further said that going to Goodman Day's, she verily believed she saw Sarah Roper picking her teeth with her bodkin, etc. Sworn, Apr. 21, 1670, before Samuel Symonds .*
Mary Dutch deposed that the Major advised Goodwife Hunt to go to Mr. Symonds. Deponent advised her to go to Goodman Roper but she said she would not, because they were "such high-spirited folkes." Further deponent told her that it was impossible for her to see so far as to see Sarah picking her teeth with the bodkin. Sworn, Apr. 21, 1670, before Samuel Symonds .*
Robert Lord, marshal, deposed that he was at Mr. Baker's with Mr. Patteson, the day Goodwife Whipple was buried, when Goodwife Hunt told him that she had been hunting in the crevices in the meeting house with Mr. or Mrs. Wilson. Also that it was either deponent's sister Sarah Day or Sarah Roper, who had stolen the bodkin, etc. Sworn, Apr. 21, 1670, before Samuel Symonds .*
Elizabeth Dutch, aged twenty-two years, deposed as to her sister Sarah Roper finding the bodkin in her sleeve, and when deponent went to her sister's to help her bake, she gave it to Goodwife Hunt, etc. Sworn, Apr. 21, 1669, before Samuel Symonds .*
Philip Fowler, jr., aged about twenty-one years, deposed that being at Walter Roper's house, Sarah asked her brother Nathaniel to take the bodkin to Goodwife Hunt, etc. Sworn, 19: 2 : 1670, before Simon Bradstreet, and copy made by Samuel Sy- monds .*
Mary Coes, John Chapman, aged nineteen years, Elizabeth Wardwell, aged twenty-six years, Mary Burnham, aged eighteen years, and James Kinge, aged about eighteen years, deposed. Sworn, Apr, 21, 1670, before Samuel Symonds .*
Walter Roper deposed that his daughter Sarah, etc. Sworn, Apr. 21, 1670, before Samuel Symonds .*
Sarah Roper's answer, dated Apr. 29, 1670, to Goodwife Hunts' reasons of appeal.
* Autograph.
243
RECORDS AND FILES
1670]
Thomas Bragg and Edward Cogswell, for fighting in the meet- ing house on the Lord's day in time of exercise, were fined .*
Christopher Bowles was fined, upon his presentment.
Frances Willett and his wife, for fornication, were ordered to be whipped or pay a fine.
Ann Chase, for fornication, was ordered to be whipped or pay a fine.t
*William Cogswell and Susanna, his wife, deposed that Thomas Bragg came to their house after he had struck their son Edward, he being their neighbor and very good friend for all they knew, and said that he was provoked by others to strike him. Sworn in court.
John Burnum, jr., deposed that on a Sabbath day at meeting he saw Samuell Cogsell disturb Thomas Brag by pulling him "by the hat behind, and talked to him and said that he was proud of his new hat and said also that he should not need he was not such a pritty fellow and told him if he did but see him- self he would be ashamed," etc. Sworn in court.
Samuell Cogeswell deposed.
Thomas Page, aged about twenty-three years, deposed that said Bragg was writing the sermon, when Cogswell, who sat behind him, taunted him about his new hat, and Bragg threw back his hand and hit him on the nose, etc. Sworn in court.
Samuel Cogswell deposed that he was sitting beside Thomas Bragg, when he hit Edward Cogswell, beat his head against the wall and made the blood fly out of his nose, etc.
Thomas Andrews, aged sixteen years, deposed that he sat next to Edward Cogswell, etc. Sworn in court.
Nathaniel Browne,¿ aged eighteen years, deposed that Cogs- well hit Bragg with a stick upon the legs, etc. Sworn in court.
Thomas Low, jr., and wife Martha deposed that they had known Thomas Brag ever since he was born and looked upon him as one of "the quietest young men in all oure ende: one of few words and Therfor the mos apt for to be abused by any one." They had lived near him for ten years and never knew him to strike any one, though he had had provocation.
Edward Brag deposed that he saw Edward Cogswell "idel at meting in sermond time going from one galiere to a nother very idle with a s tlike in his hand." Sworn in court.
Nathanell Browne deposed that he saw him going from seat to seat with a stick in his hand talking and laughing with boys. Sworn in court.
+Elingnor Baily and Judith March, midwives, of Newbury, who attended upon Ann Chase on Nov. 23, 1669, deposed that
# Autograph.
244
IPSWICH QUARTERLY COURT
[May
Constance Longhorne was ordered to pay a fine, upon her presentment.
Hugh Marsh was licensed to sell liquors for a year.
Thomas Jaquis was cleared by proclamation of his bond for appearance.
Mighill Cresie dying intestate, court granted administration to Mary Cresie the widow, and an inventory of 52li. was pre- sented. There were four children, and court ordered the eldest son to have 8li. in the land at Salem, if it was worth it, and the others 4li. each, when they come to age, the widow to enjoy the rest of the estate.
Mr. Thomas Gilbert was presented for suspicion of being overtaken with drink. Court saw cause to counsel and admon- ish him and ordered him to pay the witnesses returned by the jury. *
said Ann told them that when she lived "with Henry Wheeler at Salsbury as a servant, shee went from ye house of her master tolodg at ye house of Richard Hubberd & left this man John Allen in her masters house, and shee knew nothing of his coming from thence untill hee met her by ye way as she was going to her lodg- ing," etc. She was at the point of death, and still affirmed she had told the truth.
Elingnor Baily further said that said Ann had lived with her as a servant two years and she never saw any unseemly carriage in all that time.
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