USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 25
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John Browne and wife Mary deposed that she lived with them a year, kept the house and did not go out nights, etc.
*On 30 : 1 : 1670, William Averell,t late constable of Tops- field, addressed the court, he having been charged with base carriages openly in the congregation for doing no more than he apprehended was his duty: "About the 14th of the 9th mo last Mr. Gilbert being about to publish an order from the gen court for a day of thanksgiving as afterwards apcared: hee was pleased to say that one the 4th of the next month the last generall court at boston had agreed upon|| or given order for|| a day of thanks- giving wherupon one that was present Replyed Sir you mean the 4th day of the next week I being present saw there was a mistake in boath I acounted it my duty in conscience to my oth to endev- or to prevent furder inconnevience at that time and place: made bold to say it is the 4th day of this week as I had ben informed to which mr gillbert Replyed I blesse god I am not drunk: o base base unworthy cariages to catch at a minastars words let them that are more godly and judicious speke that are church
tAutograph.
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RECORDS AND FILES
1670]
Court being informed that the bridge and way in Newbury bounds from the bridge toward the meeting house and from the bridge toward Rowley being in many places very bad and danger- ous, Capt. Wm. Gerish and Daniell Pearce, sr., were impowered to see the said way, which is a country highway, sufficiently repaired and to call forth the inhabitants of the town of Newbury to finish the work. Any who refused should have their names returned to any magistrate and they should be bound over to answer at court. For mending the bridge the account should be given of the cost, which was to be defrayed by the county.
The complaint of Edward Brag against Sam. Cogswell was referred to the Worshipful Mr. Samuell Symonds and Major Genrll. Denison to settle.
The treasurer was ordered to pay the constable, Mr. Willson, 3li. 8s., for repairing the prison.
Ordered that an attachment be issued for Henry Bachelour to appear at the September court for not coming to meeting, and another for John Leeds for contempt in not appearing.
Mr. Baker had his license renewed for a year, also his license for drawing liquors for a year.
Due to the constable of Ipswich from the county treasurer, 5s. for prosecuting two hue and cries against two fellows who
members If I haue desarued Justly to be soe villifyed in the face of an asembly for this cause I desire freely to leaue it to the court to determin."
Isaack Comings, sr., and John Goold testified to the same. Sworn in court.
Thomas Baker deposed that one day in the summer, on a sac- rament day the people waited a long time in the afternoon for Mr. Gilbert to come and many went away. When he prayed deponent perceived that he was distempered in his head for he repeated many things many times over and lisped. Then he went to singing and read the psalm so that it could not be well understood, then he went to prayer again. When he had done he was going to sing again, but being desired to forbear used these expressions, "I bles god I find a great deall of comfort in it," and came out of the pulpit. He said to the people "I give you notis That I will preach amongst you no more." Sworn in court.
Isaacke Cummings, sr., deposed that Mr. Gilberte was not as composed as he used to be, and after praying said "lett us singe the 153 psalme," but both in singing and reading was very much
246
IPSWICH QUARTERLY COURT
[May
broke up the hold and ran away from a ship or ships from Pas- cataqua.
Will of Wm. Powell of Salem, seaman, "being bound for Vir- ginia and times being Troblesome and dangerous," dated Mar. 18, 1666-7, in which he gave his "little estate God have given me in this world" to Hillyard Verren, sr., whom he appointed executor. Wit: Hanah Necke, Wm. Dunton and Henry West. Hanah Nick "now Pittman," made oath 9 : 1 : 1669-70, and the other two witnesses, 7 : 12 : 1669, before Wm. Hathorne, assistant, and it was allowed in court. [Original on file in the Registry of Probate.]
Inventory of the estate of Wm. Powell, deceased, taken 13 : 11 : 1669, by Christopher Babbidg and Henry West: Cloth and other articles in quantity, household utensils and furnishings, castor, 10s., wearing apparel, fish, etc., debts due from Rob. Glanfield, Pasko Foote, Joshua Ward, Good. Glanfield, John Grafton, Jeremiah Boorman; total, 76li. 13s. 9d. Due to Good- man Herrick, Gelbert Pester, Thomas Rix and Ed. Bush. [Origi- nal on file in the Registry of Probate.]
Nuncupative will of widow Elizabeth Stace: She was to be buried in Ipswich, and gave to son Symon, "a bulock for the bury- all of me;" to son Thomas, a great Bible and a damask napkin;
out of order so that the people could not follow. When the psalm was about half done, deponent stood up and saw three or four laughing, and he said, "Sir, I intreete you to forbare and proscede no further for we are very much out of order, for in thus doeinge we shall but take the name of god in vaine." Mr. Gilberte stopped, said he found much comfort in singing and bade deponent hold his tongue and to sit down and they would sing without him. Deponent sat down and Mr. Gilberte prayed again and when he began to sing the second time, depon- ent stood up and said, "Sir, you went first to prayer and then you did singe and then you went to prayer againe and now would you goe to singe againe certeynly you nether knowe what you say nor what you doe." Then Mr. Gilbert was very angry and ran away without giving the blessing. Sworn in court.
Phebe Perkins, wife of Tho. Perkins, deposed that on sacra- ment day she was at dinner at Mr. Gilbert's and there was a cup with wine in it which was offered to Mr. Gilbert. He refused to take it at first, but afterward put the cup to his mouth, but she knew not whether he drank or not. Three more had the cup besides himself, and after he had dined he drank what was
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RECORDS AND FILES
1670]
to daughter Sarah Buswell, a velvet cushion; to daughter Susanna French, two pair of gloves; to daughter Mary Meaors, bed, blankets, pillows, etc .; to daughter Ann, for staying with her in her old age, two cows and all her household stuff. Wit: Symon Stace, Sarah Stace and Ann Stace. Court allowed it, although it declared it no will on account of no executor being named. Ad- ministration was granted to Symon Stace, Nov. 11, 1669, and he brought in an inventory. [Original on file in the Registry of Probate.]
Inventory of widow Stace, appraised by John Whipple and Tho. Clarke, was allowed: Household furnishings and utensils and wearing apparel, etc., 29li. 2s. [Original on file in the Registry of Probate.]
Will of Steven Jordon of Newbury, dated Apr. 5, 1667; and allowed in court, it being ordered that the estate be left in the hands of the widow for her comfortable subsistence during her life: To daughter Crose of Ipswich, 15li .; to daughter Andrews of Ipswich, 15li .; to his wife, his house and land in Newbury during her life, and at her death to Steeven, son of Robert Crose, of Ipswich, his son-in-law; to wife, half his household goods; and to his two sons Robert Crose and John Andrews, the other half; Steven Crose to give to "his kinswoman & my grand-child
left in the cup. Immediately after dinner he sang a psalm, and in reading it she thought his voice was lower than it used to be. Sworn in court.
Sarah Gould deposed that being at Mr. Gilbert's house after sacrament at dinner time, she saw her brother Perkins bring the wine, empty it into the golden cup and ask Mr. Gilbert to drink. "Mr Gilbert did drinke to my Brother Perkins and bad him drinke to ould Goodwife Townes shee did put the cope to her mouth and set the cope doune and Mr Gilbert take et the seckond time at diner and dranke et up for hee torned up the cope and my bother Perkins tould mee the Golden Cope was about three quarter full I did see the cope offered to noe more then is aboue mencned and emedatly upon this I did see Mr Gilbert eyes groe very dim and hee did sinke doune in his chare Lenig bake and after he had sat a while hee toke his psalme books to sing and his wife told him hee had not returned thankes o said he I haue for goot: he did returne thankes and sing a psalme after the same maner as hee did in the pulpit Clepping his words very short so as I could not understand him as soone as dener was don my sister Perkins and I went into the tother
248
IPSWICH QUARTERLY COURT
[May
Elizabeth Andrews," 5li. Wit: Susana Wheeler and Mary Poore. [Original on file in the Registry of Probate.]
Inventory of the estate of Stephen Jordon, who deceased, Feb. 8, 1669, taken by John Merrill, Wm. Pillsbury, Wmn. Sawyer and Anthony Somerby: House and land, 14li., domestic animals, wearing apparel, household furnishings and utensils, a great Bible, etc., 39li. 4s. 6d. Debts he owed, to Abell Merill, for work haying besides attendance on him both night and day for three years, to Daniell Merrill, to Nathaniel Merrill, for coffin and the funeral, 1li., to John Knight; total, 9li. 19s. 6d. [Original on file in the Registry of Probate.]
Will of Christopher Bartlet of Newborow, dated Mar. 14, 1669, and proved by the witnesses, Thomas Tewxbery and Wm. Tit- combe: To be buried in Newborow burying place; to son Chris- topher, 20 acres in the plain from Henry Tewxberyes fence and the boggy meadow, reserving for his wife Mary her thirds during her life, also half the house, and orchard when he comes to age; to wife Mary half the house and orchard as long as she remains a widow, also a cow; brother Richard and brother Titcomb to be executors; the remainder to his three daughters, Mary, Ann Martha and son Francis. Wm. Titcombe renounced his executorship and joined as a witness. [Original on file in the Registry of Probate.]
Inventory of the estate of John Hull, appraised Feb. 28, 1669 by John Pearson and Thomas Thorla: Books, wearing apparel, household furnishings and utensils, 2 pair spectacles, domestic animals, 47li. 16s. [Original on file in the Registry of Probate.]
Inventory of the estate of Mr. John Cogswell, appraised Dec. 27, 1669, by John Burnam and William Hascall: Domestic ani- mals, tools, household furnishings and utensils, wearing apparel, furniture, 115li. 19s. For the house and barn and ten acres of land, half the fruit of the orchard, keeping for ten head of cattle, 10li. per year, for the term of the widow's life. [Original on file in the Registry of Probate.]
rome and presantly wee hard him vomit A: said my sister Perkins I wonder my Husban would aske him to drinke for I thinke hee had noe need of et: for sd my Sister Perkins the forst time hee toke the Cope I saw him drinke a good draft and as he went to the meting hous hee had Like to fale down and when hee Came into the pulpit, he went to prayer and prayed so brokenly clep-
249
RECORDS AND FILES
1670]
Symon Tuttle and Thomas Clarke, jr., made oath in court that "our father Cogswell did promise upon mariage that he would give all hee had & what he should more gitt unto his daughters Abigaill and Sarah, and they should have it when hee and his wife dyed."
Thomas Clarke, sr., made oath in court to the same.
Will of John Musselwhite of Newbury, dated Aug. 30, 1669, and allowed in court: To John Mussellwhite of Bever- stock, Wiltsheare, old England, grandson of David Mussell- white, his brother, his house and whole estate, to be kept one year for him to come over. In case he did not come over, he gave half to his brother John Mussellwhite, sr., son to his brother David and the other half to Thomas Mussell- white and Edna his sister to be equally divided; Benjamine Roffe, executor; Richard Knight and Thomas Hale, sr., over- seers, and also witnesses. [Original on file in the Registry of Probate.]
Will of John Knight, sr., of Nubury, dated May 5, 1670, and proved by the witnesses Richard Knight and Thomas Hale, June 23, 1670, before Mr. Samuell Symonds and Major Genrll. Denison: To wife 10li. a year and the use of half of the house; to daughter Sara Bartlett, wife of John Bartlett, 40li., and if she leave no heirs, to son John Knights' children, except Joseph Knight; to daughter Mary Downer, wife of Joseph Downer, 80li., and grandchildren Joseph and Mary Downer, 20li. each; to Mary Downer land on south side of John Pike's land and also near the creek by Henry Jaquises land, also the lot at Plumbe Iland and two acres where they have built, land near son John's two acres on the way to New Towne that he bought of Nicolas Noyse, also a great new kettle, a pewter candlestick and a platter; to wife's grandchild, Thomas Haines, 10li., after his time is out; to son John, house and land testator then lived in, land near
ping of the King Engliss as wee ues to say soe as I could not understand him and after prayer hee went to sing a psalme and named the hundred and fiufty thurd psalme and after a uery broken maner did sing," etc. He said he would never preach more in Topsfeild and desired the people to provide for them- selves. Sworn in court.
Johanna (her mark) Towne, aged about seventy-five years, deposed that in the forenoon of that day, Mr. Gilbert adminis-
250
IPSWICH QUARTERLY COURT
[May
John Pike's and Henry Jaquises, until said John's son Joseph become of age, when the latter was to enjoy it; son John Knight, executor; brother Richard Knight, Thomas Hale, sr., and Nicolas Noyse, overseers. [Original on file in the Registry of Probate.]
Inventory of the estate of John Knight, sr., who deceased in May 1670, appraised July 6, 1670, by Thomas Hale, sr., Nicolas Noyse and Richard Dole: House, land, etc., 220li .; wearing apparel, household furnishings and utensils, grain, trees, ete., 324li. 11s. 6d. Allowed, June 23, 1670, by Worshipfull Mr. Samuell Symonds and Major Genrll. Denison. [Original on file in the Registry of Probate.]
Will of Thomas Dorman, sr., aged about seventy-eight years, dated Apr. 24, 1670, proved May 3, 1670 by the witnesses Lif- tenant Frances Pabodie and John How: To son Thomas, feather bed and bolster and iron pot, great timber chain and spanshackle; to son Ephram, rug and three blankets, two little pots, tramill, draft chains; wearing apparel to cousin Daniell Bradley; to son Thomas, all household stuff, half the land in Rowley, land bought of Mr. Symonds, etc., sheep, horse and bullocks; to son Ephraim, half the Rowley land, all land given him by Ipswich, land bought of Evan Morice, sheep and bullocks. Debts for work were due him from John Warner, Thomas Day, Robert Styles, Thomas Hobbs, John Morall, William Smith, Mieall Donnill, Mathew Stanlye and Goodman Biggsbye. He owed Goodman Biggsbye, William White of Ipswich and Robert Colborne; son Thomas, executor. [Original on file in the Registry of Probate.]
Inventory of the estate of Mighill Cresie of Ipswich, lately deceased, taken May 2, 1670, by Robert Lord and Edward Lomas, and allowed, May 3, 1670, upon oath of the widow Mary Crecie: Grain, wool flax, baskets, wearing apparel, household furnishings and utensils, domestic animals, musket, sword, tools, ete., six
tered the "sacrement swetly unto us," and after sacrament at dinner was very temperate, she sitting next to him. If he were drunk, she believed it was with his distemper and not with drink- ing too much strong liquor, "as sum so uncharitabely surmise against him."
John Gould deposed concerning what he heard his sister Per- kins say, etc. Sworn in court.
251
RECORDS AND FILES
1670]
acres at Salem on Royall side, 52li. 17s. 10d. [Original on file in the Registry of Probate.]
Inventory of the estate of Christopher Bartlett of Newbury, who deceased Mar. 15, 1669-70, taken Mar. 18, 1669-70, by Archeleus Woodman and Henry Tewksbury, and allowed Mar. 29, 1670, in court: House, land at Artichoke, and Salsbury, domestic animals, wearing apparel, household utensils and fur- nishings, tools, firelock, musket, sword, etc., 189li. 16s. [Original on file in the Registry of Probate.]
COURT HELD AT SALEM, 28 : 4 : 1670.
Judges: The Worshipfull Mr. Simond Bradstreet, Major Daniell Denison and Major Wm. Hathorne.
Jury of trials: Mr. Joseph Gardner, Mr. James Browne, Antho. Ashby, Thomas Gardner, Jno. Williams, Joseph Holton, John West, Jno. Newell, sr., Tho. Farrer, Jno. Burrell, William Bassett and William Hascall.
Nicholas Maning, Nathaniell Putnam, Tho. Rootes and Wm. Haskall were chosen to serve upon the Lyn action.
The commoners of Marblehead v. Jno. Devorix. Trespass. For taking and fencing part of the town commons. Verdict for plaintiffs.
Samuell Ward, James Smith and Richard Rowland v. Jno. Devorix, Samll. Morgaine, Edmond Gale, Richd. Read and Robt. Knight, formerly selectmen of Marblehead in 1667 and 68. Ver- dict for plaintiff.
Jno. Devorix v. John Codner. For removing a landmark. Verdict for plaintiff.
Jno. Devorix v. Mr. Moses Maverick and the rest of the pro- prietors in the farm called Mr. Humfryes farm. For non- performance of agreement in making up a parcel of fence. Ver- dict for defendant.
Jno. Devorix v. Capt. James Smith. Trespass. Verdict for defendant .*
*Writ of execution, dated June 6, 1670, against Mr. Moses Maverick, John Peach, sr., John Peach, jr., and Richard Row- land, to satisfy judgment granted John Devorix at Salem court, 30 : 9 : 1669, signed by Hilliard Veren,t for the court, and served by John Devorickes,t deputy for Hen. Skerry,t marshal of Salem.
+ Autograph.
252
SALEM QUARTERLY COURT
[June
Richard Flinder v. Jeremiah Bootman. Verdict for plaintiff. The house and land according to court order. Withdrawn .*
Francis Axey, administratrix of the estate of James Axey, deceased v. John Pearson. Debt. Verdiet for plaintiff. The bill to be paid in specie.t
*Writ: Richard Flinder, in behalf of Jane, his wife v. Jere- miah Butman; for withholding the possession of a house and land in Salem, which formerly belonged to Henry Harwood, deceased, and now by order of court to Jane, wife of said Flinder; dated June 22, 1670; signed by Hilliard Veren,# for the court; and served by Henry Skerry,¿ deputy marshal of Salem, who attached the house and land that defendant lived in. Copy of records of the Salem court, dated 29: 9: 1664, 28 : 4: 1664 and 28 : 4 : 1670, made by Hilliard Veren,¿ eleric.
Richard Flinder's bill of cost, 16s. 8d.
Copy of the inventory of Henry Harwood, allowed 27 : 4 : 1664, made by Hilliard Veren,¿ cleric.
Deed, dated Nov. 1, 1669, from Elizabeth (her mark) Harwood,§ of Salem, widow, administratrix of the estate of Henry Harwood, Wm. Hathorne,|| William Browne, sr., | and Edmond Batter,|| selectmen of Salem, as by order of court 29 : 9 : 1664, for a val- uable sum paid for the use of said Elizabeth, to Jeremiah Boote- man of Salem, fisherman, a dwelling house and one aere of land, which was said Harwood's house, butting against the South harbor in Salem, bounded west by Richard Flinder, formerly said Henry's, deceased, and north and east by John Beckett. Wit: Edw. Humber and John Beckett. Acknowledged before Wm. Hathorne,¿ assistant. Recorded 18: 11 : 1669, by Hil- liard Veren,¿ recorder.
+Writ: Francis Axey, administratrix of the estate of James Axcy v. John Pearsons; debt in English goods, four oxen, a cow and fifty shillings for former rent and rent for one year; dated June 18, 1670; signed by John Fuller,¿ for the court; and served by John Lewis,¿ constable of Line, by attachment of salt marsh and a piece in Reedy meadow belonging to defendant.
Bond, dated May 12, 1669, given by John (his mark) Pearson of Lynn to Mr. James Axeye of Lyn for 14li., to be paid in Eng- lish goods or in corn or cattle; he had also received of said Axeye two pair of oxen, one valued at 12li .; he was to return one pair, paying an annual rental of 20s., and the other, 30s., said rent to be paid in cutting and carting firewood; he had also one eow at 15s. per year to be paid in corn, ete. Wit: Andrew Mansfeild} and Thomas Rix.}
Letter of attorney, dated June 20, 1670, from Fransis (her mark) Axe,§ administratrix of the estate of James Axe, deceased,
# Autograph. § Seal. || Autograph and seal.
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RECORDS AND FILES
1670]
Thomas Mawle v. John Hartshorne. Debt. Withdrawn .*
Margaret Woodmancey v. Usewell Wardwell. For withholding her right of dower. Verdict for plaintiff. Her thirds of the farm to be set out according to law.t
her husband, to Joseph Armetage of Line. Wit: Samuell Tar- box# and Joseph Fiske.#
Fransis Axes bill of cost, 2li. 5s.
Joseph Armitag, aged about sixty years, deposed that Fransis Axey sent him and Samuell Tarbox to John Person to see if they could settle the matter, to demand 14li. and to tell him that he might keep the rest of the cattle upon hire. But he said they were a burden to him. Deponent demanded the amount of the bill to be paid upon May 12. Samuell Tarbox deposed the same. Sworn in court.
* Writ, dated 23 : 4 : 1670, signed by Hilliard Veren,į for the court, and served by Henery Skerry,¿ marshal of Salem. Bond of John Hartshornet and Tho. Cots.#
+ Writ : Margaret Woodmansey, relict of Mr. Robte. Wood- mansey, late of Boston, deceased v. Usall Wardell; for with- holding her thirds due by dowry in a certain farm in Ipswich sometime the inheritance of said Robte, and now in the posses- sion of said Wardell; dated 8 : 4 : 1670; signed by Simon Brad- streete,¿ assistant: and served by Robert Lord,¿ marshal of Ipswich.
James Fuller of Ipswich, aged about twenty-three years, deposed that he having power of attorney from Mr. Joseph Emer- son, attorney to Mrs. Woodmansey of Boston, reliet of Mr. Robert Womansey, late of Boston, demanded of Isewell Wardell of Ipswich and William Avery of Topsfield the widow's thirds. Also he was present with Col. Crowne the last day of May and heard him demand it of Tomas Boarnom, jr., of Ipswich "for A pcell of Land he sold that was mr woodmanseys wch he said his father bought of ye said Woodmansey & gaue him." Sworn, June 25, 1670, before Samuel Symonds,į assistant.
Letter of attorney, dated May 29, 1670, from Margret Wood- manse§ of Boston, widow, to Col. Willi. Crowne. Wit: Wil- liam Coggeshall .¿ Acknowledged, May 29, 1670, before Edw. Tyng,# assistant.
Mr. Robert Woodmansey, late of Boston, deceased Aug. 13. 1667. Copy of record made by Edw. Rawson,¿ recorder.
Mrs. Margeret Woodmonsey's bill of cost, 1li. 8s. 6d.
Robert Lord, aged about sixty-seven years, deposed that the farm of Usuall Wardell was granted to Mr. Woodmansie by the town of Ipswich and that he possessed it several years before he # Autograph. § Autograph and seal.
254
SALEM QUARTERLY COURT
[June
Erasmus James v. Joshua Codner, Jon. Clements and Tho. Herson. For security for the payment of about nineteen pounds. Verdict for defendant .*
went from Ipswich to Boston. Also that this widow was married to Mr. Robert Woodmansie before he removed to Boston. John West of Beverly testified the same. Sworn in court.
Deed, dated 18 : 10 : 1655, Robert Woodmansie, school- master at Boston, quit claim to Thomas Bishop of Ipswich his interest in his farm in Ipswich containing 100 acres, bounded on the south by Mathew Whipple's farm, on the east by mile brook, and north and west by Richard Jacobs' farm. Wit: Nathaniell Bishop. Acknowledged before Ri. Bellingham, deputy gov- ernor. Copy made, June 25, 1670, from the first book of records for lands in Essex at Ipswich, by Robert Lord,t recorder.
* Writ, dated 8 : 2 : 1670, signed by Hilliard Veren,t for the court; and served by Wm (his mark) Nicke, deputy for Eras- omus James, t constable of Marblehead, by attachment of a shallop belonging to defendant.
Robert Hooper, aged about fifty years, deposed that he heard Erasomus James say, "neibour Josias Codner if yor can gitt a roade and a Compass to goe to sea wth all and Can gitt Robt Hooper meaning myselfe that am or is a towne liuer to goe in ve boate yt then ye said Erasomus said that hee would release her and stay till it pleased ye lord hee and they should take fish." Also that the boat was rigged and fitted by said Codner, who did not provide a rode nor compass, and was not in capacity to make a voyage, etc. Sworn, 27 : 4 : 1670, before Wm. Hathorne,t assistant.
William Edwards, aged about thirty-two years, deposed that the boat or shallop that Erasomus James rebuilt for Jon. Cle- ments, Josias Codner and Tho. Herson, was completed as to her hull and finished according to the judgment of himself and others in the carpenter work as said James was engaged by covenant to do. It was launched about the first or second day of April, 1670, and was in the hands of Codner a fortnight or ten days before it was attached by said James. Further that Codner commended the workmanship, etc. Sworn, 27 : 4 : 1670, before Wmn. Hath- orne,t assistant.
Agreement between Erasomus James of Marblehead, car- penter, and Josias Codner, John Clements and Thomas Hewson, all of Marblehead, that said James was to rebuild a shallop one whole strake higher than her first build, to pull out what planks were necessary, either under or above water, and put in new, to scal it, make up the rooms and do all other ax work within board and without fitting for the sea, excepting anchor stocks, oars,
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