USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 27
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Hanah Gilbert, aged about twenty-four years, deposed that in the middle of May, she heard some discourse between Gidney and Rayment, the latter affirming that the goods were not sent. Afterward Rayment admitted that Mr. Diemont sold cod hooks at Boston, but that he himself had three hundred pounds of "kagut" in the vessel and after he came to Newfoundland kept store there on shore. He also said "I wish him eternally damned that troubeth me." Sworn in court.
Thomas Dymond of New London, Conn., mariner, aged about twenty-eight years, deposed that he knew nothing of the goods, ete. Sworn, May 21, 1670, before Tho. Clarke,* commissioner.
John Dymond of New London, Conn., sailor, aged about twen- ty-four years, deposed that he was a seaman in the Providence of New London, etc. Sworn, May 23, 1670, before Edw. Tyng,* assistant.
* Autograph.
265
RECORDS AND FILES
1670]
John Horne, sr. v. John Clefford. Verdict for plaintiff .* Benjamin Woodrow v. Tho. Smal. Withdrawn.
John Haymant of Charlestowne, aged about fifty-nine years, de- posed. Sworn, May 21, 1670, before Tho. Clarke,t commissioner.
Writ: John Horne sr., agent to Mr. Daniell Browning v. John Clifford; for damage sustained to a parcel of goods which said Clifford was hired to carry aboard Mr. Nathaniell Grafton's ketch, but which were left lying in his boat; dated 17 : 4 : 1670; signed by Hilliard Veren,t for the court; and served by Henery Skerry,¡ marshal of Salem.
Mr. Cleford's bill of cost, 2li. 8s. 2d.
Charges about Goodman Horne's fish damnified in the boat of Goodman Cliforde: Eight quintals of fish lost, 4li .; packing the fish again, 1li. 6s .; Drying the Fish, Ili. 10s .; helping about ye packing againe, Ss .; the damage of the fish being so much worse than it was before, at least 2s. p quintal, 6li. 4s .; total, 13li. 8s. The damage was appraised by Thomas Jeggellst and Zabulon Hill.t Sworn in court.
Bartlemew Gidny, aged about thirty years, deposed that some time the last winter a servant of Jno. Cliford called Wiliam Hollis came to deponent and said that his master desired to have deponent's boat to carry some goods on board Nath. Grafton's ketch for Goodman Horne because his own boat was in the North river. Said William accordingly took the boat, promising to return her to the wharf the same tide. Several days after the boat was returned without the rudder, etc. Sworn in court.
Wilaum Hollis and John Leagrow, servants of John Clifford, deposed as to rowing the goods down to the ketch. When they reached there they called aboard and could not find anybody, but later found Mr. Grafton who said he could not take the goods that tide but would on the morrow. "Mr. Grafton said bring your ancor abord of my cetch and let the boat Ride I asked him wether the snow would not hurt the goods he sayd noe: and I said had not the goods best be covered he said yes saith he: and provided a saild to cover the goods and beed us lay it on the heds of the caske next ye wether which according to his order we ded." Sworn in court.
John Beckett, aged about forty-two years, deposed that Deacon Horne, etc. Sworn in court.
Thomas Jeggeles, aged about forty-eight years, deposed that he saw the boat sunk with Goodman Horne's hogsheads of fish and Goodman Clifard with his men rolled the fish out on the mud to the shore. Then being desired by Goodman Horne to help with the said fish to the Island, he took the fish out of the hogsheads and dried it. Sworn in court.
+ Autograph.
266
SALEM QUARTERLY COURT
[Junc
Steeven Sweete v. Mr. Hen. Greeneland. Debt. Defaulted.
Josias Codner, John Clemence and Thomas Hearson v. Erasmus James. Nonsuited .*
Capt. White had his former license renewed for six months to come "to vend what wine he haue by him."
Richard Norman and Benjamin Parmiter had their former licenses renewed.
Benjamin Felton was fined 5s. for smoking tobacco without doors in the street.
Mr. Ralph King and Moses Chadwell were sworn constables for Lyn for the ensuing year.
Mr. John Hathorne of Lyn had his former license renewed for the ensuing year.
Jno. Sanders dying intestate, administration upon the estate was granted to Jno. Newell, who with Thomas Newell were bound to bring in an inventory to the next Salem court.
Widow Read complained that Robert Pease withheld her thirds of about six acres of land which her husband Thomas Reade was possessed of in his life time while she was his wife. Court ordered Hilliard Veren, Henry Skerry, sr., and John Tompkins to lay out her thirds according to law.
William Edmonds had his former license renewed.
Jno. Smith, for drunkenness and abusing the constable, was sentenced to be whipped or pay a fine of five pounds and to pay the constable 40s. Samuell Hutson, for not assisting the constable,
Edmund Batter, aged about sixty-one years, deposed that he had some hogsheads at the waterside to be sent away in the same boat and he asked Clifford several times to leave some of his behind, but he would carry all. Some of the casks lay dan- gerous in the vessel and in prolonging the time in taking in more than could be carried securely, the tide began to fall and the boat could not come near to the ketch. Deponent put his goods aboard into the custody of Cliford "as to a cominon lytterman." Zebulun Hill deposed the same. Sworn in court.
* Writ: John Clement, Josias Codnar and Thomas Hearson v. Erasmus James; for attaching a boat with salt, which boat was rebuilt by said James for said Clements & Co., but being attached they are disappointed of their intended voyage; dated June 22, 1670; signed by Moses Mavericke,t for the court; and served by James Dennis,t constable of Marblehead.
Erosemus James' bill of cost, 1li. 14s. 8d.
+ Autograph.
267
RECORDS AND FILES
1670]
discouraging others and using provoking speeches was sentenced to be whipped or pay a fine. And Richard Hutson and Nicholas Pickett, for not assisting the constable, and other discouraging speeches to others, were fined. Until these four persons paid their fines, they were to lie in prison .*
John Knight, having been in office in the foot company of
*Warrant, dated 28:4: 1670, signed by Wm. Hathorne, f assistant. Summons, dated 28 : 4: 1670, to Wm. Beale, Thomas Pit- man, sr., Thomas Dod, John Pitman, Nathaniel Walton and Samuell Walton, signed by Wm. Hathorne,f assistant.
William Beale deposed that last night passing homeward betwixt Lieutenant Ward's and Richard Reefes, he saw John Smith stand in the street with a firebrand in his hand and his face bloody, in a raving manner threatening somebody, he knew not who. Deponent, being in Mr. Ward's company, then heard the latter say, "See he abuseth ye Constable," after he asked aid to carry him to the stocks, deponent among others. "Ye Constable beeing amongst ye thronge To my best knoledg Henry Frood came ; Lifted up ye end of ye stocks & clapd them doune againe & Reproued him Then Samuell Hudson reproued mee & bid mee get aboute my buisness threttend mee yt hee should find a time to meete mee sayed yt if he had fiue pound he would lay it downe to beeate it oute of mee & yt if hee were as John Smith if hee could get a stone hee would dash out my brains, such words as these were often used by Samuell Hudson, Richard Hudson Nikolas Picket & Abram Allin sided wth him with pro- uoking words biding mee bee gon for I had no buisnes there John Smith calld & reuiled both my self & the constable wth much untoward Language I asked John Gachell ye elder in a frendly way what cause I gaue those men to giue such abuse Gachell stood beehind ye Company Called mee dog roge base fellow asked mee what I did there & what I had to do to meddllee Told mee I deserued to haue my braines beate out with many such absurd speches. Thomas Pitman & his foare sons I saw there then & Nathaniell & Samuell Walton wch did not at all opose ye constable as I saw." Sworn in court.
John Pitman and Thomas Dod deposed. Sworn in court.
Samuell Walton, aged about thirty years, deposed that Con- stable Dennis asked William Beale and himself to assist him. "I steped home & hereinge ye noise Continue I went backe agin & in ye way betwixt ye stocks & my house, heard Samuell Hud- son," etc. Sworn in court.
Edward Holiman, aged twenty-three years, deposed that John Smith thrust Constable Dennis out of the door, took him by the neckcloth and struck him. Sworn in court.
+ Autograph.
268
SALEM QUARTERLY COURT
[June
Newbery, upon several considerations, was discharged from being a common soldier.
Edward Richardson was dismissed from common training.
John Cope's petition under the hands of several inhabitants of Marblehead, for a license to keep an ordinary, and draw beer or cider, was granted.
Samuell Roberts dying intestate, administration upon his estate was granted to his brother Jon. Roberts, who brought in an inventory* amounting to 43li. 18s. 9d., and was ordered to pay his brother Ephraim Roberts and sisters Susana, Elizabeth, Hana and Abigail Roberts, 6li. each, at age or marriage. Said John was bound for the payment of the shares.
John Tilsley, servant of John Procter, was fined for being drunk, which fees his master promised to pay.
Whereas there was an action commenced by Richard Flinder against Jeremiah Buttman concerning part of the estate of Henry Harwood, deceased, and there being further contention likely to arise, Mr. Edmond Batter, Mr. Hen. Bartholmew and Leift ' George Gardner were chosen by the court auditors of the estate. What they could not settle was to be settled by the court.
Mr. Robert Lord, sr., Mr. Jno. Paine of Ipswich and Tho. Cleark, late of Winnissimett, now of Ipswich, were appointed to lay out by metes and bounds, the thirds of Margaret Wood- mancye which she recovered by law in a farm now in the possession of Usewell Wardwell or his assignee, according to the law of dowers, within three weeks.
Theophilus Baily was licensed to sell strong waters out of doors, according to the request of the selectmen of Lyn.
Nathaniell Wallton, aged thirty-two years, deposed. Sworn in court.
Constable Dennis' bill of cost, witnesses, Rich. Norman, Mr. Maverick and Mr. Ward, and to Constable Leg, etc., 2li. 1s. 9d. *Inventory of the estate of Samuell Roberts, late of Ipswich, deceased, taken June 21, 1670, by Robert Perst and James Chutet: Weareing apparell & linen with 3 hatts & 2 p shooes, 22li. 7s .; in bookes, 2li .; 2 Combs, 2 Rasors, Inkhorn & sizars & hoane, 8s .; 2 p Cumpasses, 5s .; 2 Chests, 10s .; 1 hogshead of feathers, 2li .; In mony, 6li. 8s. 9d .; his portion given him by the Court, 10li .; A fowling peece, 30s .; houldsters, brestplate & belt, 10s. Funeral charges, 2li. 10s. Sworn in court.
+ Autograph.
269
RECORDS AND FILES
1670]
Laurence Clenton, for attempting to abase Mary Knoulton, was sentenced to be severely whipped with twenty stripes well laid on, to pay costs to Tho. Knoulton and to remain in prison until payment be made. Said Clenton was ordered to allow his wife 2s. per week toward her maintenance, to carry it him- self to her, to live with her, as duty binds him, and at least to lodge with her one night in a weck. He was also to bring a certificate from his wife or from Seargt. White to the Worshipfull Major Denison that he had fulfilled this order, otherwise to be sent to the house of correction.
Mr. Theoder Price was licensed to still and retail strong waters out of doors.
Mr. Tho. Gardner, sr., had his license renewed for retailing strong waters out of doors.
Edward Richards was allowed costs in an action brought by the town of Lyn and they not prosecuting.
Thomas Maule was allowed costs in an action brought by Hartshorne.
Ellenor, wife of Mr. Will. Hollingworth, was complained of for many railing speeches and reproachful words against the wife of William Beale, which not only tended to the defamation of said Goody Beale, but reflected also upon civil justice and the church. She was sentenced to pay 5li., or if she made public acknowledgment in the meeting house at Marblehead within ten days, 10s. would be remitted. The acknowledgment was as follows: "Whearas I Ellenor Hollingworth was convicted to haue spoken to ye wife of william Beale railingly that shee was a adulteress & hang you Jade, many times repeated, & that she made the church a couer to her rogery & yt shee had another husband aliue, to the dishonor of God, the church & court & to ye great reproach of the ptys & euill example of others: I doe heareby declare yt I am sorry for the same, & desire all good people yt may be ofended, to forgive me, & to take warning by me of such euill practises."*
*Writ, dated 30 : 4 : 1670, signed by Hillyard Veren, t for the court, and served by Georg Kesar, ¡ constable of Salem. William Beales' bill of cost, 10s.
Petition of William and Martha Beale: "Whereas by Reson of anullitie of Marriage betwixt Thomas Rowlandson ye guilty + Autograph.
270
SALEM QUARTERLY COURT
[June
John Roapes and his wife, for fornication before marriage, were fined.
William Batt, for drunkenness, was fined.
Daniell Salmon, for excessive drinking, was fined.
Robert Stone, the wife of Samll. Shattuck, John Kitchin and his wife, the wife of Antho. Needham, Josiah Sothwick, John Burton, sr., and the wife of Samll. Gaskin, for frequent absence from the public ordinances of God on the Lord's days, were fined.
& Martha Bradstrete ye innocent Som persons Take ockacion To abuse us in most reuileing speches amongst others wee pres- ent ye ackt of Elinor Hollingworth To ye veiw of your Con- sideration Who Came to our dore ye Last fall & charged us wth Liueing in Adullterry a Capitall Crime worthy of death & yt ye church was a Couer for her Rogery; & now Honored besides ye aduantage I may take and doe reserue against them by an ack- tion at Law Charging us wth such a high crime herby setting on edg younger & ruggeder sort as youre honnours may be pleased to remember Henry Codner ye Last inne Court who is of this schoole & seuerall others yt might be mentioned yt thinke ye thinge is truth; I beseche youre Honors Consider ye greate suffering of ye Gospell of our blessed sauiour in infamouse wrathe such a on is a member & hath twoo husbands aliue & alsoe ye dishonor of this Commonwealth Kinge & Christian Nation to whom wee owe our Liues; saying no more but beseiching God to direckt you in all his wayes."
Allexander Gellygin deposed that last fall he came to William Beales' house and before the door saw Goody Beale and the wife of William Hollingworth stand talking in love as far as he could perceiue but bye and bye he heard Goody Hollingworth say "if you had been a cristian as you profess & ought to bee you wold haue com to my mother & my Brother More & my Husband my Mother is a good wooman & shee would have helped you in ye Church." Goody Beale replied, "as for your mother I hope she is a good wooman I had nothing against & wherfore shold I goe to her; as for M' More I herd hee had somthing against mee I hope hee is a good man & I went to him but as for youre Husband hee is non of ve church & wherefore shold I goe to Him." Goody Hollingworth said "is hee non of ye Church I wolde haue you to know hee & I both are a littlee othergate in ye church yen you are I shold bee sorry els & you are a base dissemblling hippocrite you come into ye church by crying & whaleinge & here liue as you list & Commit what Rogerry you will & ye church is a couer to couer it all." She further called her baud, said she lived in adultery and had two husbands, having been divorced from an honest man. Sworn in court.
271
RECORDS AND FILES
1670]
The wife of Josiah Sothwick, John Smith and his wife and Daniell Sothwiek and his wife were to appear at the next court.
Joseph Armitage, causing Andrew Mansfeild and Goodman Kertland to be sent for by warrant to the court, was ordered to pay costs .*
Mathew Woodwell, for abusing the constable by threatening him and endeavoring to strike him, was sentenced to be whipped and pay a fine. His former sentence was remitted.t
John Clearke was sentenced to be whipped, for attempting murder on the Lord's day in sermon time, thrusting a knife against the ribs of Jestin John, saying if his knife had been sharp enough he would have thrust it into his body, which was testi- fied upon oath of Jeremiah Bennett.
Jeremiah Bennet, accused of fornication by Cristian Claxon and running away, was sentenced to be whipped. She received the same sentence.
Samuell Beale, aged sixteen years the middle of this July, deposed that last fall his brother James and himself being at work a little way from his father's house, heard talking and went home. There they heard Elinor Hollingworth calling their mother names and as she went away she elapped her hands and cried "hang you baud & base jade." Sworn in court.
Martha Beale, jr., aged fourteen years next September, deposed that being in the garden before her father's door heard her mother and Goody Hollingworth "Talke in Loue a pretty while," etc.
*Warrant, dated Mar. 30, 1670, to Nathaniell Kirtland and Andrew Mansfield, upon complaint about an oath or oaths con- cerning the estate of Axye, deceased, signed by Robert Lord,} cleric, and served by John Lewis,¿ constable of Linn.
Joseph Armitage, aged sixty odd years, deposed that he was present when Francis Axcy came to the court for administration of her husband's estate. Samuell Tarbox testified that Jams Axcy said he would leave his estate to his wife and that Nathanell Kertland could witness the same. Kirtland had some seruples about it at first but later made oath. Samuell Tarbox deposed the same.
¡Mr. Moses Maverick, Mr. John Gardnor and Mr. Jiffards testified that Mathew Woodwel, having a club in his hand, threatened the constable and said that if he met him he would flat his crown. Also in a very boisterous manner, he took the constable by the hand and proffered such like abuses. Sworn in court.
# Autograph.
272
SALEM QUARTERLY COURT
[June
Thomas Jaquis was fined for drunkenness.
Mr. John Ruck was appointed administrator of all the estate of Mr. Tho. Ruck, his father, deceased, which remained after the death of Elizabeth, widow and administratrix of said Thomas. He was to bring in an inventory to the next Salem court.
Emanuell Martin dying intestate and none appearing to desire administration, court granted administration to Henry Skerry, marshal, who was to bring in an inventory to the next Salem court.
Job. Hilliard dying intestate, court granted administration of his estate to Mary his widow, who was to bring in an inventory to the next Salem court.
The marshal was ordered to pay out of the fines 3li. to Ben. Felton, keeper of the prison at Salem.
Samuell Casey dying intestate, administration upon his estate was granted to Henry Skerry, marshal, he to find what estate he can and bring in an inventory to the next Salem court.
Upon a motion by Ed. Berry and his wife and William Has- call that the court would consider some differences between the executrix and overseers of the estate of Roger Hascall, deceased, in order to settle said estate, Mr. Ed. Batter and Mr. Hen. Bar- tholmew were appointed to examine the will and the debts and to make return to the next Salem court.
Whereas there are 10li. yet remaining in the hands of Mr. John Browne, sr., of the estate of Robert Graye, deceased, the interest of 50li., court ordered said Browne to pay it to Nicholas Manning, husband of Elizabeth, late wife and executrix of the said Robert Gray.
Susana, wife of William Pitts, left a nuncupative will, which was allowed, her husband consenting and witnesses testifying that she declared it to be her will. Administration of her estate was granted to Christopher Lattamore and wife Mary, they giving bond of 100li.
Court ordered that a country rate be raised to the proportion of onc-quarter part of a single country rate, and the treasurer was ordered to give out warrants for the same.
Mr. John Gedney, sr., Mr. John Ruck, Mr. Eleazer Hathorne, Mr. William Browne, jr., Mr. John Corwin, Stephen Haskett, Mr. Christo. Lattamore and Mr. Moses Maverick had their licenses renewed for the year ensuing.
273
RECORDS AND FILES
1670]
George Roapes dying intestate, administration on the estate was granted to Mary, the widow, and John Norman, the son- in-law, who were to bring in an inventory to the next Salem court.
Mathew Price was relieved from common training, paying to the use of the company in Salem, 6s. per annum to the clerk's content.
Whereas there is a seeming contradiction in the testimony of Henry Jaquis, William Titcum, Tho. Thurlo and Francis Thurlo given in at this court in the case between John Woolcot and William Harrison, court ordered that the original testimony be returned to the clerk of Ipswich court, with the foregoing names, and he to issue warrants for their appearance at the next Ipswich court.
Henry Skerry was licensed to draw wine and liquors and retail it out of doors for the ensuing year.
Tho. Day dying intestate and an inventory of his estate being presented, Mary, the widow, was appointed administratrix, in whose hands the estate was to remain .*
Ordered that Worshipfull Major Hathorne end all present- ments that were brought into this court, except that of Georg Hodg.
The servants of the house were allowed 7s. 6d.
Whereas Ambros Gale presented a letter of attorney at the last court from Susana, widow of Thomas Dill, which was allowed in order to take the estate into his hands, court ordered
*Inventory of the estate of Thomas Day, deceased, taken, 9 : 4 : 1670, by John Gardner,; Richard Prince and Henry Bartholmew:+ Six p of sheetes, 2li. 8s .; 4 p of pillow beares, 16s .; 11 napkins and 2 small table clothes, 13s. 6d .; 2 Cupboard clothes and 2 pillow beares, 7s .; 7 towells, 4s. 8d .; one half sheet, 9s .; one fether bed, 2 bolsters, a trundle bed, tickinge, 3 blanketts and one Rugge, 2 pillowes, 5li .; one bedsteed with curtaines and vallence and one trundle bedsteed, 10s .; 1 Cup- boord, 1 wainscott chest, 3 sea chests and a trunke, 1li .; 2 small table boards, 2 boxes and 8 chaires, Ili. 4s .; 1 silver Cupp and a silver spoone, 18s .; brass, pewter and tin, 5li. 2s .; fire shovels, tongs, trenchers, trayes with other stuff in the kitchin, with a baskett and earthware, 1li. 10s .; his wearinge apparell, 3li. 5s .; total, 23li. 7s. 2d.
tAutograph.
274
SALEM QUARTERLY COURT
[June
that Mr. Bartholmew Gidney and Richard Dill, administrators, deliver the estate to said Gale, he giving bond for the payment of one-half the estate to the child of deceased. Bond of Ambross Gale.
At a court held by Major William Hathorne, July 18, 1670, William Blunt and Mary Searle, appearing by virtue of a special warrant, upon suspicion of too much familiarity and disorderly accompanying together, were fined, and were enjoined not to accompany together alone in any place upon penalty of 20s. for every such offence.
Richard Croye was fined for excessive drinking.
The wife of John Mason, for being drunk, it being the second or third offence, was fined.
Joseph Armitage, for excessive drinking, was fined.
Mathew Farrington, jr., and Priscilla Kertland confessed that they travelled on the Lord's day, and were admonished.
Elizabeth Poe, presented for selling strong water to the Indi- ans, it being two years past, was dismissed.
John Alley, for going out of the harbor by Lyn with a boat on the Lord's day, was admonished.
Joseph Armitage was presented for being drunk, and he asking for the benefit of the law in being tried by a jury, it was granted. Joseph Armitage and Capt. Tho. Marshall bound.
Fines returned, 28 : 4 : 1670, by Wm. Hathorne,* assistant: Nicholas Maning, for breach of the peace in striking Wm. Reaves. John Glover, for striking Edm. Counter.
On 10 : 11 : 1669, John Leare, for being drunk. Edw. Woland allowed 3s. as witness.
On 14 : 2 : 1670, Ropert Hoober, fined 10 groats to the county and pay for healing Abraham Allen's hand.
On 9 : 3 : 1670, he found "a combination to meet a nights in ye woods as they did 4 times & stolle diuers smalthings." John Ford was to be whipped ten stripes; John and Humfry Deverex to be whipped or pay a mark a piece; James Smith, jr., John Beesom, Adam Cleark, Richard Rowland, jr., and Robert Newman to be whipped or pay a noble a piece. All were to pay to Henery Stacy 8s. for poultry they stole from him.
Timothy Hix, for going into a house at the door and attempt- ing to steal some small things, but was prevented, was fined.
* Autograph.
275
RECORDS AND FILES
1670]
Wm. Tald (also Tate), for being drunk.
On 8 : 4: 1670, Rich. Marsh, for going aboard a vessel on seven day night to see what he might steal, but waking one aboard, was seized. He was to be whipped ten stripes.
On 10 : 4: 1670, Bell Ringer Leonard (also Leonard Bel- ringer), for swearing.
Tho. Swallow, for swearing two oaths.
Wm. Williams, for swearing.
John Gatchell, sr., for keeping company at his house some men's sons and servants, and for abusing the constable.
On 13 : 4 : 1670, Giles Corree, for stealing several small things, some of which he confessed and some proved, from Capt. Corwin.
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