USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 34
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At a town meeting held Mar. 15, 1669, it was voted that none but commoners should fell timber, and that they who fell tim- ber "beyond Red roote hill or in the thicke woods shall cutt out the remainder fitt for the fire, and make no use of any wood
tAutograph.
337
RECORDS AND FILES
1671]
The Town of Andover v. the Town of Wooborne. Trespass. About a title of land. There being no attachment returned, the
off the comons for the fire till that be brought home to his or some other comoners house under the penaltie of ten shillings a Load." Also if timber be felled "on this side the places abouesd or on this side Gravelly Brook," the remainder should be left for firewood, for any commoner within one month to take, upon penalty of 10s. per load. Copy made by Daniel Denison .*
Robert Lord, jr., Walter Roper and Edward Chapman deposed that on Dec. 25, being in the woods with Thomas Wood, the latter owned that he cut a particular tree, which John Roper and John Dutch saw, and said he would cut more, for Thomas Lovel would bear him out, etc. Sworn, Dec. 30, 1670, before Daniel Denison .*
Thomas Lovel affirmed that Thomas Wood's sons cut and brought the wood, which they brought to deponent's house, by his order. Copy made by Daniel Denison .*
Warrant, dated Dec. 23, 1670, signed by Daniel Denison .*
Walter Roper and Edward Chapman were appointed over- seers by the town. Judgment for the town, given by Daniel Denison .*
John Pickard, attorney to Thomas Wood, appealed to the county court. John Pickard and John Stickney, sureties.
Letter of attorney, dated Dec. 26, 1670, given by Thomas Wood of Rowley, to John Pickard of Rowley. Wit: John Stick- ney and Andrew Stickney. Copy made by Daniel Denison .*
At a meeting of the selectmen, Mar. 21, 1669, the following were chosen to take care of the commons: Mr. Willm. Cogswel, Robert Kinsman and Willm. Fellowes, for the south side of the river, and Daniel Warner, sr., Robert Lord, jr., Edward Chap- man and Walter Roper, for the north side. Copy made by Daniel Denison .*
Bill of cost of Roper and Chapman, 8d.
John Roper, aged twenty years, deposed that he saw Thomas Wood cut off the top of the tree, and he told him that he who felled a tree must not cut out the top until it had lain a month. Wood told him that all the skill that John Paine, deponent's father and himself had could not make him pay for it. Sworn, Dec. 30, 1670, before Daniel Denison .*
John Dutch deposed. Sworn, Dec. 28, 1670, before Daniel Dennison .*
Henry Osborn deposed that he saw Thomas Wood cleaving out bolts, etc. Copy made by Daniel Denison .*
John Stickney and Andrew Stickney deposed. Sworn, Dec. 30, 1670, before Daniel Denison .*
*Autograph.
338
IPSWICH QUARTERLY COURT
[Mar.
case could not proceed, though the plaintiff attended, who was allowed costs .*
John Knight v. Amos Stickney. Slander. Nonsuited.
John Knight v. Anthony Morse. Slander. Nonsuited.
Andrew Allen v. Samuel Blancher. Trespass. About title of land. Verdict for plaintiff.t
Mr. Jonathan Wade v. Wm. Moore. Debt. Withdrawn.
Mr. Jonathan Wade v. John Dymond. Debt. Defaulted.
Mr. Symon Bradstreete v. Rich. Cooke and Elder John Wissall. Debt. Defaulted.
*Bill of cost of Andover for two men sent by the town to Oburne to inquire of the selectmen of that town whether they had laid out land in Andover bounds and how far they came, etc., 3li. 1s. 4d.
+Writ: Andrew Allyn v. Samuel Blanchard; trespass; for mowing or carrying away hay for several years from land of plaintiff, granted by the town of Andover for his last division, on the west side of Shawshin river near land of Samuel Blanchard and Steven Osgood, dated 4 : 1 : 1670; signed by Simon Brad- streete,# assistant; and served by William Chandler,¿ constable of Andover.
Letter of attorney, dated 24 : 1 : 1670, given by Andrew Allint of Andover to Ensigne Tho. Chandler. Wit: Henry (his mark?) Russe and Dudley Bradstreet.#
Andrew Allin's bill of cost, 1li. 17s. 2d.
Mark Graves, aged about forty-eight years, deposed that he sold to Samuell Blanchett a parcel of Crane meadow, which he had owned six or seven years, etc. Sworn, 27 : 1 : 1671, before Simon Bradstreete.#
Steven Johnson, aged about twenty-nine years, deposed that he was present with the lot layers when they laid out Andrew Allin's great division, and some of them said that that parcel of land with good husbandry would be made mowable. The fol- lowing summer deponent went over it and then there grew on it nothing but weeds and such rubbish as usually grows in swamps. Sworn, 27 : 1 : 1671, before Simon Bradstreete,# assistant.
Jno. Lovejoy, aged about forty-nine years, deposed. Sworn, 25 : 1 : 1671, before Simon Bradstreete, assistant.
At a town meeting, Jan. 18, 1658, there was granted to Mark Graves the waste meadow between Andrew Allen's and Samuell Blanchet's. Copy made by Ed. Fawkner.#
Nathan Parker, aged about forty-eight years, and Thomas Johnson, aged about thirty-eight years, deposed. Sworn, 21 : 1 : 1670, before Simon Bradstreete.}
# Autograph.
339
RECORDS AND FILES
1671]
Symon Tompson v. Daniell Warner and Nath. Wells. Debt. For money paid for them in England. Withdrawn.
James Fuller, attorney to Elizabeth Emerson v. Mr. John Emerson. For not paying the rent of a farm. Nonsuited.
John Codner v. Peeter Jenkens. Debt. Attachment not returned .*
Joseph Armitage, assignee of Samuell Bennett v. Mr. John Beax & Co. Verdict for defendant.t
Mr. Anthony Crosbie v. John Tod. For detaining 58li. Ver- dict for defendant .;
*Peter Jenkens' bill of cost, 18s.
John Codner's bill of cost, 1li. 1s. 6d.
¡Writ, dated 10 : 12 : 1670, signed by Hilliard Veren,§ for the court, and served by Moses Chadwell,§ by attachment of the house and land of Mr. John Jeffard, agent, and land of John Becks & Co., shown by Joseph Armitage.
The Iron works at Hammersmith and Brantrye appertaining to Mr. John Beex & Co., 1653, Debtor to sundry accounts: to Richard Post and Charles Hooke digging 248 loads of bog mine at 20d. per load, 20li. 13s. 4d .; to Samuell Bennett carting 179 at 6s., 53li. 14s .; to carting 64 loads from Henry Stich at 4s. 6d., 282 from Henry Tuckler at 4s., 232 from Richard Greene at 4s., 16 from John Frances at 4s. and 86 from Tho. Looke at 4s., 137li. 12s. Copy made Sept 14, 1670, by Robert Lord,§ cleric.
Jno. Giffard, agent for the Iron works, testified that the ac- counts were just, and 200li. charged to Mr. Browne of Salem is what he demanded, having reckoned it at a Salem court. Sworn in court.
Samuell Benett I assigned what was due him from the com- pany to Joseph Armitag. Wit: John Bennitt§ and Elisha Ben- nitt.§ Owned in court, 1 : 10: 1670, before Hilliard Veren, § cleric.
William Hathorne deposed, 2 : 2 : 1655, that Mr. Giffard told him that there was due to Samuell Bennett on an old ac- count 100li., and for carriage with his teams since, 200li. Being at Salem with Mr. Giffard and Samuell Bennett some time after, deponent charged him with not giving copies of his accounts, and Giffard and Mr. Gerviss promised that he should have copies in a very short time. This was since the works were seized. Sworn, 29 : 9 : 1655, before Elias Stileman,§ cleric. Copy made by Elias Stileman,§ cleric.
ĮWrit: Mr. Anthony Crosbe v. John Tod of Rowley; for detaining 58li. which defendant received for exchange of land, as appears by articles dated 10 : 12 : 1662; dated Mar. 20, 1670-
§ Autograph. {Autograph and seal.
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IPSWICH QUARTERLY COURT
[Mar.
Mr. John Gifford v. Edward Richards. Withdrawn.
Nathaniell Browne acknowledged judgment to Mr. Robert Paine, to be paid in soap at 4d. per pound.
Thomas Judkins had his license renewed for a year and also license for wine and liquors.
71; signed by Tho. Leaver,* for the court; and served by Jer- emiah Elsworth,* constable of Rowley.
Copy of writ, depositions, etc., in an action brought by John Tod against Mr. Anthony Crosbie, Mar. 27, 1666, in Ipswich court, made by Robert Lord,* cleric.
Ezekiel Northend and Anthony Austen deposed that at a meeting they had at Richard Longhorne's, John Tod made three propositions for arbitration, viz., to bring him a deed of the Merimack land from Kimball's hand, to take Mr. Crosbie's bill and release the bargain, or to leave it all to Ezekiell Northend. Mr. Crosbie chose the second, but he said there was a cow and heifer Tod had of Daniell Wiekam, for which he must give credit, also a bill of 34li. of John Brocklebank and a horse and colt at 24li., which was in exchange of land, etc. Sam. Brocklebank mentioned. They made a writing which was left with the Wor- shipful Mr. Symonds. Copy made from Ipswich court files, Mar. 27, 1666, by Robert Lord,* eleric.
John Tod's bill of cost, 1li. 4s. 4d.
Henry Riley and Jonathan Plats deposed that being desired by Mr. Crosbee after the court of Mar. 27, 1666, to take notice of a tender he made at John Tod's house of cattle, horse-kind and a long gun, in satisfaction of the judgment against him, said Tod not being at home, the latter's wife was asked to appoint an appraiser. She refused to have anything to do with it, and Crosbie appointed William Law and Henry Riley appraisers, who made it 15li. 3s. 3d. They asked to have the gun left in the house, but being refused, Mr. Crosbie tied the gun upon the great oven, and put the cattle and horses into Tod's yard, etc. Sworn in court.
Anthony Austine, aged about thirty-five years, deposed that he kept Goodman Tod's book at the time and that Crosbie de- manded credit for the boot money received from exchange of land, etc. Sworn in court.
Henry Riley and Anthony Austine deposed. Sworn in court.
Ezekiell Northen and Philip Nellson deposed that being at Newbury at the house of Steven Swett four years ago, when Marchant Dole with others blamed Mr. Crosbee for going to law, etc. Sworn in court.
Ezekiell Northen deposed as to John Tod's asking him to aid him, etc. Sworn in court.
* Autograph.
341
RECORDS AND FILES
1671]
Hugh Marsh had his license renewed, also his license to draw liquors.
Edward Hassen had his license renewed, also his license to draw liquors.
Ensigne Gould had his license renewed for a year.
John Sorlaw had his license renewed for a year, also his license for liquors, but not to suffer townsmen to drink liquors in his house.
Mr. Joseph Gardner was licensed to keep ordinary and draw wine for a year.
Ordered that there being laid upon Hammersmith in 1662, 37s. 10d., not yet gathered, the constable of Lynn was to levy it upon all the inhabitants and make payment thereof to the select- men, Hammersmith being a part of the said town, and the treas- urer to discount it with them.
Symon Stace and Jonathan Lomas, upon complaint against them about the libel, were fined, and also Nathaniell Warner, for his offence in further publishing it .*
*Letter of attorney, dated Mar. 7, 1670-71, given by Nathan- iell Pipert of Ipswich to John Brewer of Ipswich, to prosecute a complaint against Nathaniell Warner and Symon Stace for a libel that was published by them or others. Wit: Robert Lordt and Mary Lord.t
Bill of cost of Freegrace Norton and John Brewer, 2li. 1s. 1d.
John Annaball, aged twenty-one, deposed that being at Good- man Bridges' house, he heard Andrew Peters reading verses made about the new gallery, in 1671.
John Newmarch deposed that at Goodman Bridges' house he met with John Anable, who said if deponent had not come in they would have heard the whole story about "The Galery," for Nathll. Warner had the verses and he had just gone out. Then as deponent went home he asked Nathaniel Warner to let him see the paper and he pulled it out and read it to him, saying that there was more in this than there was in the first for it was written on the outside like a letter. At the bottom were the initials J. L. and N. W., and as he read the paper he said, "this hints to goode norton & this hints to goode sparks & this hints to goode Brewer & such a thing yt hints to goode rust & there was goode woodward & her daughter Ann names in it." Sworn, Mar. 31, 1671, before Daniel Denison.t
Copy of the verses, entitled "O yea braue Undertakers & gal- lery makers," which caused the libel suit.
t Autograph.
342
IPSWICH QUARTERLY COURT
[Mar.
Robert Morgan of Beverly was allowed clerk of the writs and records.
Mary Duell was ordered to be whipped for fornication.
George Major, for misdemeanors with Mary Duell, was ordered to be whipped or pay a fine and to be imprisoned until he gave security to pay 2s. per week toward the keeping of the child. Richard Dole, said Major's master, surety.
John Sparke deposed that John Deane overtaking him, said that he heard that deponent and others were suspicious that he had made a libel concerning their wives, but it was not so. He further said that he had seen this last libel and it was the same in substance as the other only a little more refined and a preface added to it. Sworn, Feb. 6, 1670, before Daniel Denison .*
Henry Archer, aged about sixty-six years, deposed that being in Simon Stace's house, the latter came in and said he found a paper in his barn which he said he could not read. Johnathan Lumise coming in at the same time asked for it to see if he could read it, but he could not. Simon said he should not carry it away, but he did.
John Leigh testified that he was at Goodman Bridges' house with said Bridges and wife, John Anable and Nathaneell Warner, when the latter read the libel which mentioned the new gallery. The names of several persons who sat there were in the paper, including Goody Kinderick and Goody Peeters, and at the end of every verse he read "Set aside Mrs such a one," naming the women, "Goode Rust, mother Woodward & Ann pray find me such three agayn if ye can." Sworn in court.
Thomas Maning, aged about twenty-six years, deposed that being at work at Nat. Rust's house, John Deane came to him, etc. Sworn, Feb. 8, 1670, before Daniel Denison .*
Sary, wife of John Daye, aged about twenty-four years, de- posed.
Andrew Petters and Edmon Bridg deposed that they heard Nath. Wornar say that the reason he did not let Free Norton have the verses was because he had lent them to one in the woods. And they also heard John Anabell say that he would clear said Wornar for half a pint of liquor, etc. Sworn in court.
Thomas Knowlton deposed that John Dane called to him as he came out of the house that they had not caught him yet and that they had not a fool to deal with. Also that deponent said he thought that Nath. Warner would be caught but Dane replied, "I warrant yuw the writing will not Come to light, thou pyper and Woodward and Norton Thinks that I had a hand in it, but If I had a hand in it yet I waere not such a foole to Tell them,
* Autograph.
343
RECORDS AND FILES
1671]
Samuell Younglove, complained of for breach of the peace, was fined.
Complaint against Joshua Ray by Samuell Graves, was dis- missed, said Graves being ordered to satisfy the constable of Salem and all to bear their own charges .*
and sayd that they waere but a Company of fools for medling, and make themselues Redgcolus amongst men, for If that they koold get the Ryting, then they Think that the Ryting being found and Coms to Syhgt, that then they shall know the hand that writ it." Sworn, Feb. 8, 1670, before Daniel Denison .¡
*William White deposed that Edmond Ashby was bound by indenture to Samuell Graves of Ipswich to learn the trade of a feltmaker, and at the end of four years, his master was to pay him fifteen pounds. Sworn, Jan. 20, 1669, before Samuell Simonds and copy made by Hilliard Veren, t cleric.
William White of Ipswich, aged sixty years, deposed that it was his mistake when he wrote it 15li. 5s. in the indenture, when his neighbor Graves received but two cows, etc .; that there were two indentures about the same and after discovery they were committed to him to keep, etc. Samuell Graves, the master, affirmed the same. Sworn, June 24, 1670, before Daniell Deni- son, and copy made by Hilliard Veren, cleric.
Summons, dated Mar. 20, 1670, to Joshuah Reay, who was complained of by Samuel Graves for giving false testimony in an action between Edmund Ashby and said Graves, signed by Daniel Denison,t for the court.
John Putnam, aged about forty years, deposed that Samuell Graves told him that he received 15li. of said Ashby when he came to him and was to pay it to Ashby again when his time was out. Nathanell Putnam deposed the same, being present when the words were spoken. Sworn in court.
Grace Graves deposed that the indentures between her hus- band and Edmund Ashby kept by Wm. White, were received by her husband on the day of agreement. When Ashby went away, her husband kept them in his pocket close from any of the company and when the writing of the agreement to part was almost finished, he turned his back to them and took out both indentures. Having viewed which was signed by Edmund, he put one up in his pocket again and kept the other in his hand until the bond was signed by Jos. Rey. When it was signed her husband delivered Jos. Rey Edmund's indenture, and the other he kept close in the house from that time until Salem court in June, 1670, so that Joshua Rey never had opportunity to view it until it came to Salem court.
John Pickard deposed that when Jos. Rey gave in the evidence, + Autograph.
344
IPSWICH QUARTERLY COURT
[Mar.
Upon Mr. Jerimiah Hubbard's petition concerning his arrears due for maintenance when he preached at Bass river, now Beverly, court ordered that Major Hathorne treat with the inhabitants that Mr. Hubbard might have satisfaction.
Court ordered that John French take what Mr. Gilbert was assigned to pay upon his presentment.
Salem prison being now finished, court ordered that "it be returned to those that disburssed for the repaire by the treserer not exceding 4li."
Richard Post dying intestate, court granted administration of the estate to Mr. John Hathorne, who was to bring in an inven- tory to the next Salem court.
deponent had the other indentures in his pocket and as soon as they went out of court he told Jo. Rey that what he had sworn would hardly hold with truth, for the indentures were not the same. He replied that he would venture ten pounds that they were alike. "Nathaniell Puttnam would not lett us venture any thing but a Quart of wine," which the company drunk, and after examination by the men chosen, Rey owned that he had lost. Further Samuel Graves and deponent went on purpose to Salem, took a copy of Jos. Rey's testimony and went to his house, telling him that they were not satisfied. Rey was troubled and said that he did not so testify, but Ashby had said that in his house. Samuell Graves then told him "I expected you should haue bene my testimony; for you know how badly the fellow dealt wth me; and how bad a servant he was before to you & marvaild that he would be the fellars atturney against him; about which time Jos. Reys wife came forth & see the troble amongst us, & desired us to goe in to the house; then relating the business before him & his wife he sayd you are mistaken I did never wittness soe; but Edmund sayd soe to us that his master had fifteene pounds with him at the beginning of his time. Then the wife of Jos. Rey being somewhat moved in spiritt sayd that If it were not soe the sayd Edmund was a lying fellow; & she would say it before any Court in New England for he had told them so many times: thenn I puld out the evi- dene that wee had taken out of the records at salem & then he sayd he would do anything that Graves might not be wronged & went wth us to Nath. Putmans, & after some discourse Nath. Puttman & hee & Goodwife Puttman went out & left us alone & when they came in againe agreed wt us that there should be noe further prosecution of that business; till Edmund come home who was then at sea." Samuell Graves deposed the same.
Joshua Rea deposed.
345
RECORDS AND FILES
1671]
Thomas Smith came into court and chose his father-in-law, Ens. Tho. Howlett for his guardian, which was allowed.
Joseph Armitage, being enjoined to attend the court and being orderly called and not appearing, was fined.
John and Thomas Edwards, indicted for stealing horses and mares of Mr. Bradstreet's, were tried by jury. Special verdict, if any one taking up horses of another man, upon a bare pre- tended right, and sell them, not making any legal conveyance or purchase of them, nor yet acting according to the law directing about tolling cattle be judged a felonious act, they found the indictment good, otherwise not. Court found them guilty, and ordered them to pay treble damages, 30li. to Mr. Bradstreet, and also to be whipped .*
Philip Fouller, aged about twenty-three years, testified as to the amount Graves received from Ashby. Sworn in court. William White deposed. Sworn in court.
*Summons, dated Dec. 14, 1670, for apprehension of John Edwards, signed by Daniel Denison.t
Dudley Bradstreet, aged about twenty-two years, deposed that the four mares that John Edwards owned that his brother Thomas had taken up as his own, were deponent's father's, three of which he bred; the other was the great pied mare he had at Conecticott some eight or nine years since, which had been win- tered at his house even since. Deponent's father had given two of them to his brother Samuell but they had been kept always with the rest. Sworn in court.
Robert Lord, aged about thirty-nine years, and Dudley Brad- street, aged about twenty-two years, deposed that when the marshal apprehended Jno. Edwards, the latter would have com- pounded with said Bradstreet, for he did not think the mares there were his. But he had shown them to Nicholas Woodbery of whom he bought them, etc. Sworn in court.
Richd. Hubberd deposed that John Edwards was employed in some business of great haste at his house and absented him- self for several days. Deponent inquiring the reason was told that he had bought some horses of Nicolas Woodbury and was seeking them, and he told John's brother Thomas that John would better be about his business than stealing horses. After- ward Edward's told deponent that the horses he had taken up were the latter's father Bradstreet's and that he would send them home.
William Knoulten deposed that the Edwards's had hired him to go into the woods to look for horses and when they came to
t Autograph.
346
IPSWICH QUARTERLY COURT
[Mar.
Andrew Peeters, Obadiah Bridges and Tho. Wells were released from their bonds for good behavior.
Mr. Anthony Crosbie having attached John Tod in an action of review, and not entering, costs allowed.
Richard Lole of Newbury was released from training.
Robert Pearce was released from training, paying 5s. a year to the use of the company.
Mr. John Denison dying intestate, administration of the estate was granted to Major Genrll. Denison, and Mrs. Martha Deni- son, relict of said Mr. John Denison, was ordered to bring in an inventory to the next sessions.
Upon petition of some inhabitants of Newbury, court im- powered Daniell Peirce and Richard Kent to distrain the arrears of such rates as are behind, for the payment of Mr. Woodbridge, of such rates as are duly signed by the selectmen for Mr. Wood- bridg's satisfaction and the town's.
Mr. Peeter Duncan was licensed to sell liquors by retail for a year, not suffering townsmen to drink in his house.
Francis Wainwright had his license renewed for a year.
John Perly was fined for lying .*
Antony Carel's, he told him that he had seen them going toward Rowlye, with some of Bass river. When they reached Rowlye they inquired for them and Goodman Hasen said he would show the mares to them for three shillings, which he did in the common field. Then they drove them to Rowlye and no one there claimed them. Sworn in court.
Samuell Gidding deposed that having lost a mare, he went to John Edwards' house, and nobody being at home, he saw a pie- bald and a sorrill mare and others, which he thought were Mr. Bradstreet's, and he left word with John Dodge at the sawmill that he would best drive the mares where they came from. Sworn in court.
John Edwards, examined by Daniel Denison,t said he had sold one of the mares to Sam. Dodg. Edwards was committed to prison.
Roberte Morgen, aged seventy years, deposed. Sworn in court.
Rice Edwards deposed. Sworn, 28 : 1 : 1671, before Wm. Hathorne,t assistant.
Nicolas Woodberyt certified Mar. 7, 1670-71, that he thought the mares to be his, etc.
*Daniel Wickum deposed that being at Edward Hazen's with John Pearlay and some others, he asked said Pearley when he +Autograph.
347
RECORDS AND FILES
1671]
Court adjourned to Apr. 18 next.
would bring home his bridle that he loaned him and which he promised to return the first time he came to Rowleye. He replied that John Gould took it from his house and it had been broken all to pieces. Deponent said that if the reins and head- stall were broken, he would take the bits for they could not be broken. Pearley said he did not know what had become of them, and deponent told him if he ever saw the bridle he would take it, etc. Sworn in court by deponent, Thomas Ally and Joseph Trumble.
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