USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 26
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255
RECORDS AND FILES
1670]
Joseph Bowed v. Peeter Miller. Review. Nonsuited. Richard Reade v. Erasmus James. Withdrawn .*
masts, yards, tiller and chimney. He was to find all plank, tim- ber, oakum, tar, boards, speecks, nails and to finish the work as soon as possible, "god sending him life helth & coveuiant weather to worke in." He was not to take any other piece of work to hinder him from doing this, except for a day or two at a time, and was to be paid 17li. sterling in the spring of 1670 at a convenient stage at Marblehead, in dry and refuse cod fish, before June 25.
Thomas Ellis, aged about thirty-seven years, deposed that he asked the company to give a guarantee that the money would be paid so that he might have his wages and told them that a writing had been drawn up and lacked but their signatures, ete. Sworn, 28 : 4 : 1670, before Hilliard Veren,t cleric.
Edward Bennit, aged about sixteen years, deposed that the first day that James worked on the boat, said Clements and Codner came to James' house where the agreement was read, and they promised to sign it.
Georg Darlin, aged fifty years, and John Farbish, aged about forty years, deposed concerning the agreement, and that the fish was to be delivered "at weighing time." Sworn, 16 : 3 : 1670, before Wm. Hathorne,t assistant.
William Edwards, aged about thirty-two years, testified that he heard John Clements and Thomas Herson say that they wished the devil had the boat, that she was in a "light fire" and they would never have anything more to do with her. Sworn, 27 : 4 : 1670, before Wm. Hathorne,f assistant.
John Roads, sr., aged about forty years, deposed that John Clements told him that the boat was in a "wild fire," and when asked how Erasomus James was to be paid for his work, he said that James had the boat in his custody and he could take her for his pay. Sworn, 27 : 4 : 1670, before Wm. Hathorne,f assistant.
Robert Hooper, aged about fifty years, and William Edwards, aged about thirty-two years, deposed that Josias Codner often importuned him to go with the boat out of this jurisdiction, down to Cape Cod or to Norsitt or to Munhigin either fishing or trading, but they would not consent to it. Sworn, 27 : 4 : 1670, before Wm. Hathorne, f assistant.
* Writ: Richard Read v. Erassamus James; debt due from Jane James, deceased, in her life time; dated 23: 4: 1670; signed by Hilliard Veren,t for the court; and served by John Williams,t deputy marshal of Salem, by attachment of the land of Erosomus James that was formerly his mother, Jane James's.
+ Autograph.
256
SALEM QUARTERLY COURT
[June
Nathaniell Putnam and Joshua Ray, attorneys of Edmond Ashby v. Samuell Graves. Verdict for plaintiff .*
Nathanll. Putnam and Joshua Rea, attorneys of Edmond Ashby v. Samuell Graves. Non-performance of indenture. Ver- dict for defendant.t
* Writ: Nathaniel Putnam and Joshua Rea, attorneys of Ed- mond Ashby v. Samuell Graves of Ipswich; for withholding a debt; dated June 12, 1670; signed by Hilliard Veren,į for the court; and served by Henery Skerry,¿ marshal of Salem, by attachment of house and land of defendant.
Thomas Bragg deposed that he heard Edman Ashbee say "that he asked his master graves leaue to goe to his master porter or Josuah raye to git him a master and if he did not com that night or the next then he might send a huen & ery after him." Timothy Bragg deposed the same. Sworn, June 25, 1670, before Samuel Symonds.#
Joshua Rea deposed that William White delivered to Samuell Graves two indentures belonging to Samuel Graves, and Edmund Ashby and deponent read them both and he saw no difference in them. One was signed by Samuell Graves and the other by Edmund Ashby. Further said Graves told him that he had received 15li. of said Ashby when his time begun and was to pay it at the end of his four years, etc. Sworn in court.
Nathanel Putnam's bill of cost, 2li. 1s. 8d.
t Writ, dated June 12, 1670, signed by Hilliard Veren,¿ for the court, and served by Henery Skerry,¿ marshal of Salem, by attachment of house and land of defendant.
Saml. Graves' bill of cost, 14s. 6d.
Summons, dated Jan. 18, 1669, for William White's and Thomas Lovell's appearance at the meeting house at Ipswich to testify in an action brought by Ashby, concerning a debt of 15li., signed by Samuel Symonds.#
Willm. Whitet deposed that Edmund Ashby was bound by in denture to Samuell Graves to learn the trade of feltmaker and at the end of four years, his master was to pay him 15li. Sworn, Jan. 20, 1669, before Samuel Symonds.#
Edmund Ashby# certified to the agreement between himself and Samuell Graves. Wit: John (his mark) Wyat and Willm. White.#
Indenture, dated Sept. 18, 1665, between Edmund Ashby of Ipswich and Samuell Graves of Ipswich, hatmaker, to serve said Graves and "his secrets shall keepe, his Comandements lawfull and honest eury where shall doe; Fornication in the house of his said Master or elsewhere he shall not committ, hurt to his said Master he shall not doe nor Consent to be donne, but hee to his # Autograph.
257
RECORDS AND FILES
1670]
power shall lett, or speedily his Master to warne; Tauernes or Alehouses he shall not haunt, Except it be about his Masters busines there to be donne, At the Dice Cards or any other Un- lawfull Games he shall not play. The goods of his said Master he shall not waste, nor to any man lend without his Master's license; Matrimonie within the said towne he shall not Contract," etc. Wit: John (his mark) Wyatt and Willm. White .*
An account of the clothes that Edmund Ashby received of his master while he lived with him: A paire of shooes, 7s. 6d .; one pair of drawes, 6s .; one pair of breeches, 13s. 6d .; two shirts, and the making, 18s. 6d .; 3 paire of stockins, old and new, 10s .; 7 yards of stuffe, at 5s., 1li. 15s .; Ribbens and buttens, 8s .; mak- ing up that 7 yards of stuff, 7s .; 3 1-4 yds of kerzey, 22s. 9d .; buttens, silke and making, 5s .; paire of linings and making 2 yards, 6s .; a penny stone waskoate and making, 12s. 9d .; silke neckcloth and makeing, 12s. 6d .; a paire of shooes, 7s. 6d .; a hatt, 7s .; a weekes work to himselfe in harvest, 12s.
John Annaball, aged about twenty years, deposed that the stuff and cloth mentioned in the foregoing account were all made in his master Ensign French's house. Sworn, June 25, 1670, before Daniel Denison .*
Willm. Hayward deposed that when Ashby went to Graves', the latter agreed with him to instruct him in the work, deponent being then a journeyman, and that one able to work and to endure it as Ashby did was worth at least ten or twelve pounds by the year besides meat, drink and clothing. Further, that said Graves was a great sufferer for want of him and deponent knew that the reason his master yielded and let him go was because of his cross- ness. All that Ashby brought to Goodman Graves were two cows, which was only to repair his apparel which was then very mean and poor. He told deponent that he could make a hat sufficiently, and braggingly used these words to his master, etc. Sworn, June 24, 1670, before Daniel Denison .*
Letter of attorney, dated June 27, 1670, given by Samuell Graves į to John Pickard of Rowley. Wit: Willm. White* and John Anabell .*
Laurence Clenton, aged about twenty-four years, deposed that when they were at work together at Scot's hill, he heard Edmund Ashby say that he could make a hat as well as his master. Sworn, June 24, 1670, before Daniel Denison .*
Letter of attorney, dated Mar. 22, 1669-70, given by Edmond Ashby,* now of Boston, formerly of Ipswitch, aged about twenty- seven years, to Nathanell Putman and Joshua Ray, both of Salem, yeomen. Wit: William Ireland,* Gershom Davis* and Willm. Howard .* Sworn before E- Clarke,* commissioner.
John Dane, aged about fifty-seven years, deposed that Joshua Rea and Edmund Ashby came to his house and desired him to go
Autograph.
# Autograph and seal.
258
SALEM QUARTERLY COURT
[June
Jno. Dodg and Rice Edwards v. Selectmen of Ipswich. Review. Nonsuited .*
up to Graves' house, "being I was intimate with him," to see if deponent could help to get him off for he feared he would be dealt with hard. Ashby was minded to leave his master, etc. Sworn, June 24, 1670, before Daniel Denison .¡
Willm. White of Ipswich, aged about sixty years, deposed that it was his mistake when he wrote it, that 15li. 5s. was written into the indenture when his neighbor Graves received but two cows. Also that there were two indentures about the same and they were committed to deponent to keep. When Ashby left, the indentures were produced and he made another by which he understood that the previous one became void, etc. Sworn, June 24, 1670, before Daniel Denison.t
Mary, daughter of Samuell Graves, aged fifteen years, deposed that Ashby said if his master would not give him his time he would run away. Also commonly on the Lord's days when he went to put on his best clothes, he would be quarrelling and say- ing they were not good enough for him. When Goodman Rea came and persuaded him to stay with Graves, he said he could not settle his mind to do so. Sworn, June 24, 1670, before Daniel Denison.t
Tho. Lovell deposed that Ashby "would goe Hansome in cloathes he would haue fiue pound of his pay againe to Buy him a Hansome sute of cloathes," etc. Also Ashby told deponent that Graves made him sit up so late at work at night that he could not endure living with him any longer, for if he did he would be blinded because his eyes were so exceeding sore. Fur- ther, that he would forswear the trade, if his master would let him go. Sworn, June 24, 1670, before Daniel Denison.t
Nathaniel Rust, aged about twenty-nine years, deposed that Edmund Ashby came several times to his house and asked him to buy some wool because he intended to set up the trade of feltmaking. He further said that rather than serve out his time he would lie in jail. Sworn, June 24, 1670, before Daniel Deni- son.t
* Bill of costs for the selectmen of Ipswich, 17s.
Tho. Lovell deposed that he and Ensinne Howlett were chosen by the selectmen of Ipswich to run the line with Wenam men in 1669, and they ran it till they came to a swamp against Edmond Patch's house, where they could not well get over the swamp. There was but one tree more that had been marked at the first agreement on the other side of the swamp. Said Patch told them that he knew where the bound tree was on the other side of his swamp by his meadow side. Ensigne Howlett knew the
t Autograph.
259
RECORDS AND FILES
1670]
Mordecaie Craford v. Steephen Haskett. For abuse to his daughter. Withdrawn .*
Nehemiah Jewet v. George Gettings and Robt. Lord, sr., selectmen of Ipswich, in the name of the rest. Verdict for plain- tiff. His title to the commonage of Ipswich.t
tree and said that he with Mr. Cunnant marked that tree above twenty years ago when they made the agreement first with Salem men. Then with Wenham men they ran the line two miles further eastward. The seven trees felled which were now in controversy are within Ipswich bounds, some forty and some twenty rods from the line. Tho. Howlet, Nicolas Marble and Cornelias Kent deposed the same. Sworn, June 28, 1670, before Daniel Denison.#
Seth Story, aged twenty-three years, deposed that he, Ensigne Howlett and Thomas Lovell ran the line with Wennam men in 1669, etc. Sworn in court.
Cornelius Kent deposed concerning the line. Sworn, June 28, 1670, before Daniel Denison.į
Thomas Howlett of Ipswich deposed. Sworn, June 27, 1670, before Daniel Denison.}
* Writ: Mordecaie Craford v. Steephen Haskett; for abuse to his daughter Susana; dated 23: 4: 1670; signed by Hilliard Veren,¿ for the court; and served by Henery Skerry,¿ marshal of Salem, by attachment of land of defendant.
¡ Writ: Nehemiah Jewett v. Georg Gittings and Robt. Lord, sr., selectmen of Ipswich; for withholding his privileges upon the common of Ipswich by virtue of a house lot, pretending power to cut off house lots from any former right that had not houses erected on them at the time when they made the pretended order; dated June 23, 1670; signed by Robert Lord, for the court; and served by Jeremiah Jewet,¿ deputy for Robert Lord,# marshal of Ipswich.
Nehemiah Jewett's bill of cost, 1li. 17s. 8d.
Robert Lord,¿ cleric, testified that Maximilian Jewett, in behalf of the two younger children of Mr. Joseph Jewett, "had a devission lott, and therby was acknowledged a comoner Layd vnto the house acording to m' Joseph Jewett reserved from the house he brought of Nathaniell stow & sould it vnto Wm. Buck- ley & the lott is recorded to the sayd maxi in the Towne booke of Ipswich."
Philip Nelson, § Jeremiah Jewett § and John Carleton, § administrators of the estate of Joseph Jewet, conveyed the fore- going division, 28 : 1 : 1665, to Jeremiah Jewett, who with William Bormont and Twiford West,į as witnesses, acknowledged this writing, June 23, 1670, before Samuel Symonds,# assistant.
# Autograph.
§ Autograph and seal.
260
SALEM QUARTERLY COURT
[June
Walter Fairefeild v. Selectmen of Ipswich. Appeal from the judgment of the Worshipfull Major Daniell Denison. Trespass. Verdict for plaintiff. Reversion of the former judgment .*
Jno. Pickard of Rowley, aged about forty-eight years, deposed that after the decease of Mr. Jewett, he being guardian for Nehemiah Jewett was present at the division of his land. Nehemiah's share fell part in the bounds of Ipswich, a large tract of four score acres, which when they accepted it they thought might be convenient to build on and asked for a com- monage that Mr. Jewett bought of Nathaniell Stow. The exec- utors promised it to them but did not enter it in the division because they had not then examined whether Mr. Jewet had sold it when he sold the house and house lot. Afterward when deponent heard that Ipswich had by an act cut off all from any right upon commons that had not houses erected on them, as Nehemiah's guardian, he felt that he must protect him. He concluded that it was recoverable and that no town act could take it away, once being a real right, for it would be quite con- trary to the laws of the General Court law book, page the first. Sworn in court.
Edward Lummass, aged about sixty-four years, and Jeremiah Jewett, aged about thirty years, deposed that they were present at a town meeting and selectmen's meeting when Nehemiah Jewett by petition demanded his right and they denied him the right of a commoner. Sworn, June 23, 1670, before Samuel Symonds,t assistant.
Wm. Buckley deposed that when Mr. Joseph Jewett sold him the house that he had purchased of Nathaniell Stow, he reserved the commonage for a house he had built or was building to lay to that house, which house stands a little on the right hand of the way as we go to Rowley "upon the hill before we come to the River or bridge we goe over." Sworn, June 28, 1670, before Daniel Denison.t
John Gage of Merrimack deposed that there was an ancient town order in the town of Ipswich which stated the commonage to the house lots built upon and that the lot of Mr. Pittneyes now in controversy was an ancient grant. Sworn, June 22, 1670, before Nath. Saltonstall,; commissioner.
Roger Lancton deposed that Mr. Pittneyes lot was an ancient lot at the beginning of the town before any particular order was made about commonage. Sworn, June 22, 1670, before Nath. Saltonstall,¡ commissioner.
* Walter Fayerfield's bill of cost, one day going to Maj. Denison's, one day for Charls Gott and Thomas Whit going to Ipswich, etc., total, Ili. 6s.
t Autograph.
261
RECORDS AND FILES
1670]
John Woolcott v. William Harrisson. Verdict for defend- ant .*
* Writ: John Woolcot v. William Harrison; forfeiture of a bond of arbitration, for not fulfilling the award given in by Wil- liam Titcom and Jonathan Platts, arbitrators chosen to end all differences between them; dated Apr. 19, 1670; signed by Jonath. Negus,t for the court; and served by John Marion,t constable of Boston, who for want of bail committed him to prison.
Francis Brown deposed that he was present when John Will- coott asked John Knight when he would attend the arbitration which was ordered by the court and he answered that he could not attend to it, because he was to go to Boston. This was the week before the election. Sworn, Jan. 25, 1670, before Robt. Pike,t commissioner.
Fransis Thorla and Thomas Thorla, aged thirty-five years, deposed that they were present and saw the bond of arbitration, dated Oct. 22, 1669, signed and delivered. Sworn, June 25, 1670, before Robt. Pike,t commissioner.
William Hareson's bill of cost, 2li. 2s. 3d.
Francis Thurla and Thomas Thurla deposed that they heard the award made by William Titcum, Jonathan Plates and Henry Jaquis, etc. Sworn, also by William Titcum, 15: 4: 1670, before Robert Pike,t commissioner. Copy made by Hilliard Veren,t cleric.
Henry Jaquis of Nubery deposed that he never agreed with the other two arbitrators concerning paying John Woolcott 8li., because he could not see that he was legally his servant, because he came almost naked from him whereas he was by indenture to have good double apparel, "and that he did faithfully ingage to doe his vtmost indeauoar to teach him the trade of a carpenter & that he should work constantly with him at the trade, besides many sufferings for want of cloathes in winter & other sufferings, there proued, & I tould them yf it was my child I should look upon him as undon, to be lett run at random & not to be kapt in som lawfull caling & that he had done him more wrong then he would euer be able to make him amens," etc. Sworn before Daniell Denison. Copy made by Hilliard Veren,t cleric.
Bond of arbitration, dated Oct. 22, 1669, by which John Wool- cott and William (his mark) Harrisson, servant of said Woolcott, agreed to submit to the award. Wit: Tho. Thurlo and Frances Thurlo. Copy made by Hilliard Veren, t cleric.
Award of the arbitrators, signed by William Titcum and Jon- athan Plates, dated Oct. 26, 1669, that said Harrison should pay said Woolcott 8li. in corn or cattle or service to this amount. Wit: Tho. Thurlo and Francis Thurlo. Copy made by Hilliard Veren,t cleric.
¡ Autograph.
262
SALEM QUARTERLY COURT
[June
Selectmen of Lyn, in behalf of the town v. Edward Richards. Verdict for plaintiff. Title to the land in controversy .*
Joseph Armitage, assignee of Samuell Benet v. Mr. Jno. Bex & Co. and Mr. Jno. Gifford, their attorney or agent. Review. Verdict for defendant. Mr. Gifford was allowed costs for his attendance to answer another action which plaintiff did not prosecute.t
* Writ, dated June 22, 1670, signed by John Fuller,¿ for the court, and served by John Newhall,¿ constable of Line.
Warrants, dated June 22, 1670, for Edward Richards' appear- ance for assaulting the selectmen of Line upon the town common, laying claim to the land and standing there with a club to defend it, and for fencing in the common, signed by John Fuller, for the court.
Summons, dated 24 : 4 : 1670, to Mr. Oliver Purchas, William Craft, Mr. John Blanoe and William Wilson as witnesses, signed by Hilliard Veren,¿ for the court.
Line's bill of charges, 2li. 19s.
Copy of a record of a general town meeting at Lynn, 15 : 12 : 1669: "The Select men had power giuen them by ye Towne to rectify all Incroachments that Appears vnto them to bee In- croachments and the Towne was to satisfy them for all their trouble and expences both of estats and time they did expend aboute the sd Incroachments." Copy made 23: 4: 1670, by Thomas Laughton,¿ cleric.
Copy of a record of a town meeting held at Lyn, 12 : 11 : 1663: "Capt. Marshall had a peecs of common graunted him (neare his house) by his request to make a pasture off for a high- way wch he graunts to the Towne to goc by his house and soe through his land to the Towns common for the Towns use for euer without any molestation." Copy made 23 : 4 : 1670, by Thomas Laughton,¿ cleric.
Henry Collins, sr., and William Croft testified that the land as it lay was not worth more than five or ten shillings. Sworn in court.
Capt. Thomas Marshall testified that when he exchanged land with Lyn, Allen Braide, sr., and Henery Collings, sr., were chosen by the town to lay it out, and they all agreed that the bounds should be as the old fence stood, etc. Sworn in court.
Allin Braide, sr., and Henery Collings, sr., deposed that Edward Richards had fenced in a part of his highway. Sworn in court.
Thomas Farrer and Roberd Potter deposed that the land was worth 5li. and was about half an acre. Sworn in court.
+Writ, dated June 21, 1670, signed by John Fuller,¿ for the court, and served by John Lewis,# constable of Line.
#Autograph.
263
RECORDS AND FILES
1670]
Henry Benet v. John Palmer. Debt. Verdict for plaintiff. Mr. Bartholmew Gedney v. Tho. Deamont and Samuell Ray- ment. Verdict for defendant .*
Warrant, dated June 21, 1670, to Mr. John Bex & Co., and Mr. John Gifford, in an action of debt, with forbearance at eight per cent. since 1655, signed by John Fuller, t for the court. Also another warrant, dated June 21, 1670, in an action of review.
John Gifford's answer: That he is not now attorney for John Becx & Co., as he was formerly, others being here now in that capacity; that notice of the suit had not been given according to law, etc.
John Giffords' bill of cost, 6s.
Copy of writ, assignment, award of the arbitrators and the record of Ipswich court of Mar. 29, 1670, in an action brought by said Armitage against Bex & Co.
*Writ: Bartholmew Gidney v. Mr. Thomas Diamond, master of the New London barque and Samuell Rayment, merchant, of the said barque; for detaining several goods sent to him by Henry Bennet from Newfoundland, agent for said Gidney; dated May 17, 1670; signed by Jonath. Negus,t for the court; and served by Rich. Wayte,t marshal of Suffolk. Bond of Samuell Raymondt and Tho. Dymond, t with Thos. Dymond,t surety.
Bartholmew Gidney's bill of cost, lli. 2d.
Letter of attorney, dated Boston, May 21, 1670, given by Thos. Dymondt and Samuell Raymondt to William Netherland of Boston. Wit: Jo. Haymant and Returne Waite.t Acknowl- edged, May 21, 1670, before Tho. Clarke,¡ commissioner.
Letter, dated Salem, May 21, 1670, from Bartlemew Gidneyt to Henry Benit: "Louing freind hauing had sum discoars with mr dimont & m" Raiment about the Goods In Question they doe afirm that they had noe knowledg of it or them which they are wiling to depose upon oath & do urg that you hau Granted a compliance upon thos terms If they purg themselus by oath now. If you se caus soe to act I shall withdraw my action only under- stand that then you must be Responsall to me for the Goods & Charges and take notis that If you doe agre It must be to a full ending of the case In all & wtsoeuer case or cases might arise upon It betwen them or mee which you shall take undr their hands In case you doe agre & If you soe agre you must Return Back with them to boston Becaus otherwise you haue not oper- tunity To haue them sworn Bee sur you consid' the prmises & act acordingly or If you se caus to Let It Run to a triall you may. when you ar agreed you must call In the attachment which you may If you shew the marshall this under my hand." Wit: Manaseth Marstonet and Ebenezer Williames.} Sworn, May 21, 1670, before Tho. Clearke,t commissioner.
¡ Autograph. # Autograph and seal.
264
SALEM QUARTERLY COURT
[June
On the reverse of the foregoing paper: "To m' Henry Benitt dd In Boston."
Henry Benitt, aged about thirty-three years, deposed that he was in Newfoundland the last August where he agreed with said Diamont and Raiment of the New London barque to send goods to Bartlemew Gidney of Salem. Deponent, with the help of his servant Henry Clements, put the goods on board and they were stowed away by one of the vessel's company, who promised to acquaint Mr. Dimont when he came on board. Deponent talked with the master about them later, and both he and Rayment owned that they were on board and agreed to deliver them, Gidney paying the freight. The goods consisted of a piece of kersey and serge, seventeen dozen cod hooks, two dozen lines and two barrels. Further, said Raiment encouraged deponent to send the goods by them because of his acquaintance with said Gidney and because he intended to go to Salem. Sworn, May 31, 1670, before Edward Tyng,* assistant.
Ebenezer Williames, aged about twenty-two years, deposed that being in company with said Dimond and Rayment of New London and going toward Salem on May 19, they went into Capt. Marshall's house at Line where they met Henry Benitt of Salem. Deponent heard Benitt say that if Dimond and Ray- mond would swear that they never had the goods, he would not prosecute, etc. Sworn, May 21, 1670, before Tho. Clarke,* commissioner.
Henry Clements, aged abut eighteen years, deposed as to putting the goods on board the vessel. Sworn, May 31, 1670, before Edward Tyng,* commissioner.
Samuell Raymond of New London, Conn., mariner, aged about twenty-four years, deposed that he knew nothing of the goods being put on board, etc. Sworn, May 21, 1670, before Tho. Clarke,* commissioner.
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