Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4, Part 35

Author: Essex County (Mass.). Quarterly Courts; Essex Institute; Dow, George Francis, 1868-1936
Publication date: 1914
Publisher: Salem, Mass. : Essex Institute
Number of Pages: 532


USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 35


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Joseph Trumballe, aged about twenty-four years, deposed that he heard John Parle say that the pair of bridle bits which he sold to Zeckause Curtius and that Daniell Wicam took from Zeckause Curtyus in Mr. Shepard's barn, etc. Sworn in court.


Daniell Wickame, aged thirty years, deposed. Sworn in court. Certificate, dated May 11, 1670, that John Galley, John Blacke, Henry Bayly, Thomas West, John Woodbery and Thomas Patch of Beverly were admitted freeman by the General Court, signed by Edw. Rawson,* secretary.


COURT HELD AT SALISBURY, } 11 : 2 : 1671.


Henry Browne and Abigail, his wife, aged about fifty-six years, deposed that "when Nathanniell Winsloe went to Block Iland, the time he continued there, yt George Martin was verry dilli- gent in helping of his Father North, both in getting him Wood or hey or doing any such worke as his Father North had for him to doe." Also that "his sonnes and his daughter were verry helpfull to the old Folkes; and doe testifie that George Martins daughter went well clothed to her Grandfather and went bare away & Further saith yt they heard old North severrall times say that Nath. Winsloe should never bee ye better for his estate if hee Could helpe itt . , and ye sd Abigaill saith yt shee did Importune goode North and her husband yt they should be satisfied for their paines & she said yt it should be satisfied by life or death." Sworn in court.


Richard Wells, aged about sixty-four years, deposed that "I coming to richard North his house he asked mee if I had my spectacles about mee I said noe & he said hee had a will he would haue mee read it to him & he sent his grand childe Mary ye now wyfe of nath" winsly to Henry Browns & she brought a payer & I did read it to him & he sd it was his will & desired mee to take it home wth mee & keep it for him & I did soe & this was wth in one yeare before his death & that same will yt hee deliv-


*Autograph.


t The records of the Norfolk County courts, from Apr. 12, 1670 to 8: 8: 1672, are missing, consequently abstracts of the files only are given.


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COURT HELD AT IPSWICH, APR. 18, 1671.


Abiell Somerby, Henry Jaquis and James Kent were admitted to be freeman by the Genrll. Court, and took the freeman's oath.


There being information of a bad place dangerous for travellers upon the causeway over the marsh toward the bridge near Thur- la's, court ordered that the town of Newbury have it mended by Apr. 25, upon penalty of five pounds.


Whereas the bridge near Thurlayes is in danger of being carried away if care be not taken to secure it, court ordered Daniell Pearce, sr., and John Pearson to see it made sufficient, and the constable and selectmen of Newbury were required to be assist- ants thereto and power given them to impress such help as necessary; and the bridge to be finished before the next Salem court .*


ered to me I kept & delivered unto ye next court held att Salis- bury after his decease & I did see Capt Bradbury & Mary ye wyfe of nath" winsly attest to ye same." Sworn in court. Copy made by Tho. Bradbury,t recorder.


Mary Winsly also deposed. Sworn in court. Copy made by Tho. Bradbury,f recorder.


Roger Eastman, aged about sixty years, deposcd that when Nathannel Winslow was gone to Block Island, Gorg Marten carried on his father Richard North's work for the space of two years and a half. Further that he heard said Marten say that he did not desire any of his father's goods while he was alive, but when he died, if there were anything, he expected a share. Marten had a daughter dwell with Richard North two or more years and for the most part found her clothing. Sworn in court.


Sarah Eastman, aged about fifty years, deposed that Ann Oldom took care of her at the birth of her daughter Sarah fifteen years ago, on the 25 : 2 mo., as appears by the records. Ann Oldum is now called An Bates. Sworn in court.


Copy of a bond given by Onesephorus Page to appear at the next Hampton court to answer a complaint of Major Pike for altering the mark of a sheep or lamb and unlawfully taking away or selling an ewe lamb. Copy made by Tho. Bradbury,t recorder.


*Copy of record of Salem court, 29 : 9 : 1670, ordering John Pearson to report on the condition of Newbury bridge.


John Pearson'st report: "According to the trust Comitted to mee Concerning the Bridg over Newbery River; I hauc Care-


+Autograph.


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Ordered that Capt. White draw no liquors except those he stills himself and no wine after midsummer next.


Samuell and Margrett Bishop had their license to sell liquors renewed for a year.


Leift. Ossgood of Andover was licensed to keep an ordinary and draw wine and liquors to strangers for a year but not to suffer any townsmen to drink liquors in his house.


Daniell Perce was allowed 10s. for a hue and cry.


Elizabeth Randall was ordered to pay Daniell Perce, 3s.


Henry Bachelour and his wife, for absenting themselves from public meeting on the Lord's days, was fined.


Mr. Shuball Walker was allowed clerk of the writs at Meri- mack.


Thomas Dennis, presented for a lie, was fined .*


Josiah Clarke, presented for fornication, was ordered to be whipped unless he pay 20 nobles, give security to save the town harmless from any cost by the child of Sarah Warr, and pay 2s.


fully vewed the Bridg; And done something for the psent that travillers may nott suffer though I acknowledg my Insuffi- cientcy to such work; but the report I give is that there needs a considerable chardg to be layd out to make both ends sufficient espetially one end which the frost lifts up ye upper work & soe Causeth the lower work & trussels to sink In towards the channell."


*Josias Lyndon deposed that Thomas Denis went into the woods and chose eighteen trees, and commanded deponent who was his servant, to fell them, which he did in October last. Then he and Denis wrought them out into bolts. This was in Ipswich woods on the south side of the river beyond Goodman Fellowes. Sworn, Apr. 6, 1670, before Samuel Symonds.t


Thomas Hart, sr., and Walter Roper deposed that they were present when the selectmen sent for Denis for felling twelve trees more than he was allowed. Josiah Lindell's testimony was read before Dennis but he denied it. Later it was decided that Walter Roper, Edw. Chapman with Tho. Hart and Nathll. Treadwell should go into the woods, and they found the trees felled, but Dennis still denied that he cut them all, although Lindell so affirmed to his face. Sworn in court.


Walter Roper deposed that being informed that Thomas Den- nis had felled eighteen trees on the commons and searching the records, found that he had a grant of six and no more, etc. Sworn in court.


t Autograph.


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[Apr.


per week toward the maintenance of the child. Josiah Clarke bound, Thomas Clarke, jr., his brother, and Joseph Lee, sureties .*


Court gave judgment against Mr. Edw. Woodman, Mr. Dum- mer, Wm. Tittcomb and others adhering to their party.}


*Elizabeth Perkins, jr., aged about twenty-five years, deposed that being at her uncle Mr. Baker's house in Ipswich "tending her sister who then lay in childe-bed she lying one night wth Sarah War in that roome, wch is beyond ye hall late in ye night when they were going to bed found there Josiah Clarke, wth a bottle of wine wch he brought wth him, wch he was instant wth us to drinke off, but ye deponent told him yt twas no fit time to drinke, but twas time for him to bee at home, & for ym to bee in bed & yt shee by tending her sister had lost much sleepe & wanted Rest & therefore desired him by all meanes to wthdrawe himselfe, yet at last she also through his importunity, dranke of his wine but would by no meanes be induced as he would haue had ym to make an end of ye bottle; nor Could shee prevaile wth him to wthdrawe, but at last hee pmised yt if they wd needes goe to bed hee would bee gon as soone as they were in bed, to wch ye deponent replied that doubtlesse her Bro. Baker wd suddenly Call her to tend ye Childe, & hee would send him gon, if other- wise hee wd not bee gon: after this, upon his pmise againe & againe giuen ym, no further to disturb ym, but to quit ye place, if they were in bed, they put out ye light, & went both to bed, & then urged him upon his pmise, to bee gon & to suffer ym to rest quietly; but hee lingring, ye deponent told him, yt if hee would not dept, she would rise againe & her brother Baker should send him gon, (for shee was loath to make soe much adoe, as to wake her Uncle) - & soe shee did, putting on her Cloathes againe, & soe did War, Josiah offered to Conduct her into ye Parlor yt shee might lye there, but faine would haue had her to haue left War wth him, to haue drunk out ye bottle, but ye De- ponent wd not Consent, but wd haue War wth her also & yr hee depted: but he shd returne againe, they both remoued their lodging, & lay that night in ye Parlour," etc. Sarah War affirmed the same. Sworn in court.


Elizabeth Baker, jr., deposed as to suspicion she had of the conduct of Clark and Sarah War. Sworn in court.


Katterene Baker testified that "mother often chid" Josiah Clark, etc. Sworn in court.


tAccusation against Mr. Woodman and others, addressed to the Ipswich court, and presented by Richard Kent and Daniell Peirce, sr .: "Haueing tryed all priuate meanes & publike eccle- seasticall by councills according as wee were directed by our honoured Magistrate all which since they proue unsuccessfull nor can wee see any hope of silenceing much less of cureing our


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differences & fearing least such miscarriages may haue an Influ- ence not onely to breed public disturbance in other churches some sparkes wherof already appear but also may breake forth into open factions & mutinyes haueing no other remedy, wec humbly conceiue it our duty as bein necessitated to it to present our Case to Ciuill Authority intreating them at least to redresse such miscarriages as are contrary to the knowne laws of the Country, and so contrary to the publike peace Title ecclesiaste- call. Sec. 14 is forbidden contemptuous behauior towards the word preached or the messengers of the same - or casting any reproach on their doctrine and persons to the dishonour of or Lord Jesus - disparagment of his holy ordinances and makeing gods wayes contemptible & ridiculous as sect. Cap. Heresys. n. 7. Euery person whatsoeuer that shall reuile the person or office of magistrate or ministers - such person or persons shal be seuerely whipt or pay the sum of fiue pounds likwise it is prouided C. 1. that no mans honour or good name shall be stained &c.


"As offendours against their laws, we humbly present to this honoured Court 1. whether all those that call themselues the church & brethren of the church of Newbury who haue irregu- larly conuencd, haue publikly read & debated certain articles presented to them by M' Edward Woodman against ye pastor Mr Parkar (whose inoffensiuenes is generally knowne) tending to his great reproach & infamy and haue as appeares by their publicke writing Judged & determined the said Mr Parkar to be the caus of their diuisions and troubles to haue broken seuerall couenants & agrements with the church (as may more fully appeare by the articles exhibited by the said M' Woodman against him and therfor do publikly blame him, yea so deeply, that they take upon them to suspend him from his office, which articles upon due examination we doubt not but will appeare vaintyes yet their publike actings being bruted ouer the country must needs tend to the great reproach of m' Parkar when they shall hear so many Articles & such a Censure, and in particular we represent to you Mr woodman the plaintiff, m' Richard Dumer (who they termed the president) Archelaus woodman & william Titcomb moderators and Richard Bartlet & Samuell Plumer messengers who are able to informe of the rest.


"2. whether m' Edward woodman who was formerly con- uicted of his Scandalous reuilcing M' Parkar besids frequent contemptible speaches & threatnings of him be not againe falne into the same offence by publickly affirming that Mr Parker hath broken Couenant three times already & no couenant will stand before him. Will. Morse, Trist. Coffin, Mr Hills .* Likewis in the same law underneath - whatsoever shall go about to destroy or disturb the order & peace of the churches established in this Jurisdiction - on groundles conceits &c.


* These names in margin.


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"Now as contrary to this. 1. Whether it be not factious for a part of the church without the knowledg & priuity of the pastor & brethren to meet together & there to Agitate and carry on church affaires in way of Complaint against their Pastor and whether this may not be accounted an act of Conspiracie against their pastor & the church yet this haue been done by them at Steuen Grenleafs house where were present m' woodman mr Dumer & many others as wee are informed. Will. Morse, Georg Little .* 2. whether it be not a disturbance to the order of the churches for mr woodman at most but a Deacon on a Lord's day immediately after the morneing Exercise (though he was desired by his pastor to forbeare and not profane the Sabboth by open disturbance & so forbade him to proceed) to desire the church to stay, and when mr Parkar told him he had broke the Agreement, mr woodman replyed to him, I speak not to you but to the church, for I haue divers complaints against you and when mr Parkar was gone & to tell them that he had seuerall complaints against Mr. Parkar and desired them to appoint a church meet- ing to heare them, which (though m' Parker imediatly before had warned a church meeting) many of them consented to, and so upward of thirty voted it, william Titcomb voted it. John Knight, Nath. Clarke, Anthony Somerby .*


"3. Whether it be not a like disturbance of the publik order & peace of the churches for the said persons sollemnly to cause the bell to Ring and repaire vnto & obserue such an irregular meeting to terme themselues the church (though not the major part of the church) and in the name of the church to send for the pastor to answer to the charges laid against him by mr wood- man. And here particularly m' Dumer Archelaus Woodman & William Titcomb were moderators Mr Woodman Plaintiff the rest witnesses & Judges, Hen. Jaques, Abiell Somerby .* 4. Whether it be not a like breach of the order & peace of the churches when any of the members being publikly scandalous, a church meeting being publikly warned by the pastor, and the psons duly somoned the said persons shall publikly contest against their pastor & will not agree so much as to haue their charges read vnles their pastor will first vote it to know whether it were the mind of the church that it should be read, and whether after such debate when the said charges shall begin to be read ther is a uproare & hubbab raised that the church might not heare what was read, and when they are read they being particu- larly read and desired to answer they shall directly refuse so to do, yet guilty of such things are Mr. Woodman, Archelaus Woodman, William Titcomb & William Pilsbury, Capt. Gerish, Tristram Coffin, Nich. Noyes .* 5. Whether Mr Richard Dumer & Richard Tharlay signeing a paper in behalfe of the church which contained (in their apprehensions) an act for the


* These names in margin.


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suspension of their pastor from his office and thereby what in them is depriueing the whole church of the ordinances of christ which he hath giuen to his church, and this without the aduice and direction of any other church are not guilty as leaders in the disturbance of the church but also of falshood, when it is not the church nor the major part of the church acting in any lawful meeting that gives them authority so to do, and whether Arche- laus woodman, william Titcomb, Richard Bartlet & Samuell Plumer in bringing it & delivering it as an act of the church, be not alike guilty of promoteing the disturbance of the church.


"6. Whether it be not a disturbance of the publike peace & order in an Organick church for priuate members contrary to the mind & priuity of their pastor & brethren to elect Ruleing Elders imposeing them on the pastor & brethren without their consent mr woodman one of them being knowne to be scandalous in his conuersation and this not by the major part of the brethren neither yet this william Titcomb, Steuen Greenleafe, Richard Bartlet & Caleb Moody brought as a messag to m' Parkar from them whom they cald the church, and they are able to giue an account who they were that set them to worke. 7. Lastly whether in theise things (to omit many other that may be men- tioned) mr woodman & those who adhere to him be not guilty as much as in them lyes of erecting a new forme of Gouerment in the church with a great deale of strife and contention contrary to the platforme of discipline allowed by the Generall Court & the received practise of all the Congregationall Churches in the Country, and whether this be not to the breach of the peace both Ciuill & Ecclesiasticall In Title Ecclesiasticall n. 11 - Ciuil Authority here establisht hath power & liberty to see the peace ordinances & rules of christ to be observed in euery church accord- ing to his word & our Honoured Magistrats in their letter directed to us, do account themselues bound by all due meanes to coun- tenance & protect the obseruers of the Congregationall Gouer- ment, we present therfore theis things vnto you that according to your wisdoms at our request you would bee pleased to en- courag those who desire to be faithfull to god & louers of truth & peace."


Declaration of the pastor and several of the brethren of the Church of Newbuerry, presented to this Cort at Ipswich: "The manifold contentions that haue bin among vs for sundry yeeres haue bin matter of continuall griefe & ought to be of continuall humiliation, that such things should arise among people whose beauty consists in their union to christ & one with another To omitt all former [faded] (which we cannot reflect upon but with griefe) so high were the opposition that according to the direction of or honoured magistrates who pittyed our dis- tractions we were forced to desire the help of or neighbous Elders & churches, who at a Councill convened No' 3 : 1669, whom or


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brethren would by no meanes owne or subject unto as a Councill though there was as much reason to respect them, & accept their advice as [faded] in the country. The [faded] hereupon was forced to proceed according to the Allegations & proofe [faded] whereby they found & judged the actings of or brethren to be very irregular, contrary to the peace & unity wch ought to be in the church, tending to confusion, & wch casts reproach on the order of the Congregational church among us & therefore were offen- sive & if they should proceed after such testimony of theirs against their wayes it would be much more offensive," etc. At the meeting they fell to quarrelling and contradicting their pastor, and instead of hearkening to the resolutions whereby they might understand what they were charged with that they might give satisfaction, they raised a "hubbub, knocking, stamping, hem- ming, gapling to drowne the reading."


At Mr. Woodman's meeting, there were fifteen or sixteen complaints against Mr. Parker and also twenty-five more which formerly he had presented to the council, which found little cause to blame Mr. Parker, for they had raked up everything they could find for thirty years, yet had nothing of value to fasten on him. They held four meetings. Mr. Parker's ad- herents called a council of nine churches at their own expense and attempted to settle the difficulties according to rule, but the opposing party had nothing but contempt for that, and the received and approved practice of all the churches in the country was not regarded by them. "So that we are at a stand, & could not imagine what further course to take, who will be content with nothing but their own wills, to ye subduing of all to their humors & the ruin of the church. In the issue it comes to this, that their designes bring forth a monstrous birth, the members cutt off the head without the advice of any church or churches; without any shew of any just ground or reason (but what their owne engaged fancyes & violent passions suggest) they take upon them, & this by a lesser part of the church present & some of them dissenting, the brethren that were not of their per- swasion desired to withdraw, to depose their Pastor, to choose two ruling Elders, imperiously enough imposing them on their Pastor & brethren, who were as fitt to be respected as them- selues," etc.


Nicholas Noyes* deposed that at a church meeting, Mr. Wood- man pressing Mr. Parkar to bring some persons before the church for admission "I desired the church to take notice that I thought it was meet to regulate those that walked disorderly first & men- tioned Mr Woodman, that he walked disorderly in not attending the publike odinanees & in withdrawing comunion from the church, in the latter part of the same meeting m' woodman mak- ing complaint against m' Parker I told the church that I desired


* Antograph.


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my complaint to be heard first (or to this purpose) mine being made first. Anthony Somerby testified to the same. Sworn in court.


John Knight and Tristram Coffin deposed that it was a minor- ity of the church who voted Jan. 29, 1670 for a meeting to hear the complaint of Mr. Woodman, for there were thirty-nine who had not joined with them, besides the forty-one that said Wood- man claimed were not all present, viz., Mr. Dumer, John Merrill, John Wells and Mr. Woodman, leaving but thirty-seven. Ben- jamen Rolfe and William Moody, of the thirty-seven, did not vote and Steven Swett ought not to vote "because he hath not had comunion with the church being an Anabaptist." Sworn in court.


Frauncis Browne and Joseph Bayley deposed that they were present at the meeting Mar. 16, 1670-71, thirty-nine answered to their names when called for the suspension of Mr. Parker, and Jno. Merrill and Jno. Bartlet had owned since that they agreed although not present. Also that after they were called, Mr. Woodman desired that if any brother wished to object, he should speak, and there was no objection by any of the thirty-nine. Sworn in court.


John Emery, sr., Samuell Plumer and John Webster deposed that the major part of the church stayed and voted that on Mon- day sevennight at eight o'clock they would vote upon the com- plaints. Sworn in court.


Tristram Coffin deposed that Mr. Woodman affirmed before the Salsbury men at Peter Tappin's house that he had dealt with Mr. Parker in private before he mentioned it in public. Then William Titcomb affirmed the same, whereupon deponent said "I wonder goodm. Titcomb that you will affirme that which is so false," etc. Sworn in court.


John Emery, jr., and John Webster testified that at a church meeting when Mr. Woodman was charged with saying that Richard Kent agreed to the articles and that he shook him by the hand upon it, the brethren affirming that said Kent was not there, said Woodman owned that he might be mistaken, but he shook every man by the hand and he thought Richard Kent was one of them. Sworn in court.


Wm. Gerrish deposed that Mr. Edward Woodman affirmed that he "did not acknowledge any evill before the Councill but personall offences & that his teares weere teares of Joy and not of sorrow, when he did declare before the Councill & called for witnes that he spake it for himselfe & the bretherne that they thought they had the word of God on their syde but they found they had not & therefore did desire forgivenes of the Councill Pastor and bretherne." Nicholas Noyes testified to the same. Sworn in court.


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Richard Knight* deposed that being sent to Mr. Woodman to demand the church book, he went to his house Mar. 28, 1671, with Abiell Somerby, and told him that Mr. Parker would have him send the book. He answered that he would not let it go until the church sent for it. Deponent said that the church had voted that he should get it, and Mr. Woodman replied that he utterly disowned such a church, and he thought that deponent did very sinfully in holding with Mr. Parker, etc. Sworn in court.


Riched Bartlet and Steven Grenlefe testified that there was a full meeting when the complaint was made, about fifty, and that he saw but two oppose it. Sworn in court.


William Titcomb, Jams Ordway and John Webster deposed. Sworn in court.


John Emery, jr., deposed that he heard Mr. Parker speak to the church of Newbury and say that Goodman Thurla had a dismission from Rowly church. He read the letter of dismission and said Thurla was accepted. Sworn in court.


William Titcomb and Jams Ordway testified as to the com- munications that passed between Mr. Woodman's party and the council, and at last messengers came to Peter Tappen's house from the council and told them that they would accept them upon their own terms. Sworn in court.




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