USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 37
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Copy of answer from the council, asking if they will submit to their advice, and reply in the affirmative.
Judgment: Court having found that the "accusations were many and heavy, and that they had many matters to charge upon mr Parker & those adhering to him, which they had neither time nor opportunity upon the suddeine to prepare, the court not willing to surprize them and desiring fully to understand the whole state of a case so extraordinary & of so high a nature adjourned to the 18 of April allowing them copies of the charges exhibited against them, and advising them to prepare their objections agst m' Parker and those with him, and to acquaint them with the same that they also might be in a readines to mak their defence at the adjournment, & the court then might clearly understand upon hearing the whole case, and according to the merrit thereof giue judgment; The Court meeting at the day Aforesd after a full hearing It did appeare that m' woodman m' Dummer william Titcomb and others adhering to them (not appearing to be the major part of the church of Newbery Al-
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though the major part of such as mett together) haue proceeded to admonish their pastor m' Parker and to suspend him from the exercise of his office, as appeareth by their act sent unto him the sd m' Parker & signed by m' Dummer & Richard Thorly, 2 That the sd Woodman & partie as abousd did proceed to elect two ruling elders viz m' woodman himselfe & m' Dumer appoint- ing a day for their ordinations 3 that this censure was passed agst their Pastor upon the complaint and sollicitation of mr woodman and that the sd woodman had openly published several falshoods to animate his parties (which lay under some dis- couragement, by the judgment of a council declared agst such there irregular acting) and to exerperate them against m' Parker, who before and at that time of meeting wherin they suspended him, to prevent so great an euil & scandal did advise them as became his place and office and intreate them to joyne with him & those brethren adhering to him to call a council to heare there differences engaging himselfe to be concluded thereby, which was not attended by the sd woodman & parties but they pro- ceeded to act as abouesd, for the defence of which high irregular practices unheard of in this countrey, exceedingly scandalous & reproachful to the way of the churches heere established destruc- tive to the peace & order of the gospel, threatning the ruine & dissolution of all order They haue alledged nothing but that they were the major part of the chh, not charging much less prouing any offence giuen by their Reverend Pastor m' Parker, who for anything that doth yet appeare is altogether innocent, though so exceedingly scandalized reproached and wronged by mr wood- man & his parties All which clearly & undeniably appearing by the papers, pleas, and euidences that are on file, The court as in duty bound being sensible of the dishonor to the name of god to religion heere established as also the disturbance of the peace the scandalizing of a venerable pious and loving pastor and an aged father, cannot but Judge the sd woodman m' Dumer willm. Titcomb & the parties joyning with them guilty of very great misdemeanors tho in different degree deseruing severe punish- ment, yet being willing to exercise as much lenity as the case is capable of or may stand with a meete testimony against such an offence which we are bound in duty to god & our conscionces to beare, wee doc hereby adjudg the sd mr woodman & partie adherring to him to pay the seueral fines under written together with the charge of the witnesses and fees of court and that they shal all stand comitted till the sd fines charges & fees be satisfyed & payd."
Mr. Woodman was fined 20 nobles; Mr. Dumer, Richard Tharley, willm. Titcomb, Archelaus Woodman, Stephen Green- leafe, Samll. Plumer and Richd. Bartlet, 4 nobles each; Francis Plummer, John Emery, sr., John Emery, jr., Jo. Merril, and Tho. Browne, a mark each; Nicolas Batt, Antho. Mors, sr.,
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Sarah Warr was ordered to be whipped upon her presentment for fornication.
Hanah Johnson, for her great offence in suffering a young man to lie with her, was fined.
Mr. Thomas Gilbert, complained of for many reproachful and reviling speeches against the court and divers other persons, his auditors, both in his sermons and prayers and at other times, court ordered that he be sharply admonished to forbear to vent his distemper to the scandal of persons and dishonor of God and profanation of his ordinances. Further, if he should find him- self unable to demean himself more soberly and Christianlike, as becomes his office, they "do thinke it more convenient for him to surcease from ye exercise of any publick imployment."*
Abrah. Tappin, Willm. Sawyer, Edward Woodman, jr., willm. Pilsborrow, Caleb Moody, Jo. Poore, sr., John Poore, jr., John Webster, Robt. Coker, John Bartlet, sr., John Bartlet, jr., Joseph Plummer, Edward Richardson, James Ordaway, Tho. Hale, jr., Francis Thorley, Edmund Moores, Abra. Merril, Benj. Lowle, Jo. Baily, Job Pilsborrow, Benja. Rolfe, Jo. Wels, Steph. Swett and willm. Ilsly, 13s. 4d. each.
*Complaint of John Gould,t dated Sept. 27, 1671, against Mr. Thomas Gilbert of Topsfield: "Impri. that ye 23 of Apriell haucing bin by ye Court Censured for sundery miscarriages, to which censure religon, yea reson mite haue perswaided a wise man to have submited, and to haue let his infamy haue died by degrees: Yet not content with ye Courts sentence, hee by papers affixed to ye meting hous doore, deserted his office, left ye Con- gretion and Church for three saboths destitute, refussed to Com to, or to sufer ye Church to come to treat with him about his disorderly abdicasion of his ministry: vnles the Church would Ingage to take off from him ye odium of ye Courts sentence which, hee said rendred him a scandalous person: and unlesse ye Church would subscribe to a wrighting, testifeing that thay neuer hard him speake againts Athority, which, with a good Conscience many of ye Church could not doe 2ly he has, oft since that time, upbraided ye Church, and others, with Complaing againts him to ye Court, for toyes, and trifles: things not worth taking notice of; by which words wee Conceiue him to haue blemisht ye Court allso who for thoss toyes sentencesd him so seuerely, as hee Com- plains of 3ly in ye pulpit, frequently vindicates himselfe as Inno- cent, both in preaching, and prayers, as if persecuted for doeing nothing, but designing ye Glory of god, and salvation of our soules Laying ye falt of his irregular actings on ye Church, but
+ Autograph
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not proueing in vs any fault but tirannically threatening us from out of ye pulpit, with complaining to authority again & them that desier him to shew them how ye Church was in falt and imperiously Commanding them silence yea such silence that they neuer speaks word publiquely more.
"4ly nameth some of his opposites by their proper names, to ye making of them a Reproach to sume Ignorant ones: naming them John, Thomas, Thomas, John, apon pretence of A minis- teriall power so to doe: 5ly After many shuch prouocations and prophanations of ye Lords day and ordinances, not a pointed to giue ministers opportunity to vent their malice a gaints their hearears, but to indeauor theiar Conuertions, and saluation; hee tel vs plainly that as hee hath done So hee will doe: and if wee meane to haue him for our minister wee know what wee must trust to These, and Innumerable such Like, put vs out of all hope of obtaining peace, or of attaining his amendment, and ye furtherance of gods Glory, and our Saluation Yor worships petitioner therefore Humbely Requests Yor Worps Justice, for ye Freeing of vs from such an intollerable burden, and vexation." Wit: Mr. Will. Perkines, Thomas Baker and John Commings. Wm. Perkins, sr.,* and Thomas Baker* were ready to depose the same, if called. Sworn in court.
Court's judgment: "wee are very sorry that our advice to mr Gilbert the Last court at Ipswich hath not beene attended & cannot but take notice upon this occasion of the complaint of his two great propensity to exceede the bounds of sobriety especially in a minister and that in his sermons to vindicate & justify himselfe wth prouking reflections upon others and therfore cannot but this second time reiterate our advice and admoni- tion," etc.
The complaint of Tho. Gilbert, the minister of Topsfeild in behalf of the country against Sara Gold, wife of Ensigne Gold of Topsfeild: "The complainant hath long borne in his breast, the rash, and unadvised Oath of Goodi Gold, we shee took in this honored Court, in May last, 1670, and hath lamented befor God: and we (wt some other things) did occasion your com- plainant to declare against lying, slandering, and rash swearing befor Magistrats: God knoweth I was afraid by sinful silence to partake of other mens sines: I had put in this complaint befor this tyme, had I considered that the oath I took when I was made a free man bound me to it, we I never thought of, til lately a freind of myn told me, that I was bound to bring forth the truth light: so that now I can no longer forbear: Ther are two things I would intreat your Worships befor any sentence passe against me: first to compair hir Oath, wt the Oath of Goodie perkins, taken att the same tym, and if they do not clash one against another, I am much mistaken: secondly that you would
* Autograph.
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take the paines seriously to compair hir oath wt the depositions of such as are alreadie sworen in behalfe of the country, especialy that then satt next me, and observed my cariage then, as they themselues confesse: And I desyre your Worships would take myn owen oath, and deposition in behalfe of the country if you think fitt, and then do as the Lord shall perswade your hearts."
Sara Gilbert's testimony for the country against Sara Gould: "Whearas Goody Gould in the begining of May last: took a wicked false oth, against Mr Gilbert as tho he was drunk with the sacrament wine, I know and can safly take my oth in be- half of the country that she wronged him greiviously in sundry perticlars I tould her (after I heard the paper read in court) to take heed how she swore to that paper, and she frowned upon me; and went straight to swear whear-upon, I (allmost tremb- ling) cried out (as some may remember) to the magistrats besech- ing them not to put her to swear knowing certainly that it was false and that his distemper then upon him was not with drinking; it hath taken him somtims when fasting, somtimes with could geting or befor rainy weather, being much spent in good work: I am sory that not only he but the country is much abused by fals reports: I know its the first time he had the Cup in his hand, he did not drink any at all, when the Cup had gon about, it came to me, with 2 or 3 spoonfulls at most which wer all that Mr Gilbert drunk. I saw it; and also she swore that he sunk doun in his Chair, and looked dim with eyes, all we with his stumbling as he went to the meeting, is utterly fals: I fol- owed him, and Thomas Perkins all the way we saw no such thing, Mr Gilbert is well knowen by some in New-England & never to have been inclined to the sine of drunkenes, but to have lived soberly and godly-ly, as his certificate do witnes." Sworn, 13 : 2 : 1671, before Wm. Hathorne,* assistant.
Old Johannah Towne, deposed, in behalf of the country, that "I was att dinner att Mter Gilberts table, that sacrament day he was distempered, and sat next to him on his right hand, and though some report that he drank too much of the sacrament wyn: then, and that therupon that his eyes grew dimm and that he sank doune in his chair, yet I beleeve he is wronged, for I that then sat next him, saw no such matter: the cup is but little, and was not ful att first, and I am sure that I drank some of it and that it went round to others: And I can saifly take my oath that though our minister had the cup twyce in his hand, yit the first tyme he drank not one drop of it, but gave it out of his hand to Thomas Perkins, bidding him give it to me, for I needed it mor then he, being older. when the cup had gone about, it came into his hand the second tym, and I am sure ther could not be much in it then (it may be two or three spoon-ful) and that he drank so far as I saw, att the table att dinner, he was
* Autograph.
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Thomas Johnson, presented by the grand jury upon a com- mon fame for selling strong waters to the Indians, pleading not guilty and putting himself upon trial by jury, whether he did sell or no. He was found guilty of selling two quarts to the Indians, and was sentenced to pay 8li. for selling. Also fined for perjury, bound to good behavior and disabled for giving evidence. John Perly and Edmond Bridges, jr., sureties .*
moderat both in eating and drinking and knew what he sayed and did, and this I can saifly testifie upon Oath." Sworn, 18 : 2 : 1671, before Wm. Hathorne,f assistant.
John Gould deposed that soon after mr Gilbert come from the Court from ancring to this presentment that he did say in sarmon that thay yt sat to Judge would say et was the scotties blod and ye scoties fumes that fumeed up into his head, and if ye godly did speake for them selues what doe y" threat the Court but if euer thay doe Come to heauen thay shall bles god that euer thay did see ye Scot man and this I did vnderstand to be in refarence to ye Court: and the rest of ye heads as et is wrightten in ye Complaint to ye beast of my remembrance there is nothing in ye Complaint but what I haue hard in the pulpit one the Saboth dayes touching the charges Consarning the men of ye world I did vnderstand et to be the Court becase I did not know any eles that did Judge or Condeme further this deponent saith yt mr Gilbert did use the words of being gaged at that time after he came from the court when he spake of Scottich blood & scottich Fumes." Sworn in court by deponent and Sarah Gould.
*Nicholas Holt, aged about sixty-three years, deposed that sometime in October or November last, hearing of a rumor in the town that his son-in-law Thomas Johnson had sold strong liquors to the Indians and had taken an oath to clear himself, he went to his house to speak with him about it, but he not being at home, deponent discoursed with his wife about it. He told her that he heard her husband carried bottles of liquor to the Indians. She replied that there was a great deal more made of it than there was cause, and that she knew of only two or three quarts that he sold them. Sworn, 11 : 2 : 1671, before Simon Bradstreete.t
Ens. Tho. Chandler, aged about forty-three years, deposed that about the time that Thomas Johnson was at Cambridge about his selling strong water to the Indians, deponent was speaking with John Johnson, father of said Thomas, who told him about what Thomas's wife Mary said. Also that Thomas told deponent that he carried up two bottles to the Indians, and that there was nothing in them, but he carried a bottle of liquor
+Autograph.
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Edward Bayley being cast away at sea upon the coast and dying intestate, Mr. Samuell Symonds and Major Genrll. Deni- son, on May 29, 1671, granted administration upon the estate to Thomas Beere, who was ordered to bring in an inventory to Salem court.
in his pocket and gave the Indians a dram and they gave him another. Sworn, 11 : 2 : 1671, before Simon Bradstreete,* assistant.
Jos. Ballard, aged about twenty-six years, deposed that if he gave a dram or two to the Indians, what was that to any man? Sworn, 12 : 2 : 1671, before Simon Bradstreete .*
Joseph Wilson, aged about twenty-six years, deposed that some time the last harvest, he sold two bottles to some Indians whose names he knows not, which bottles they left at Thomas Johnson's. Some time after, deponent went to borrow a bottle of said Johnson, who lent him one of those bottles. He also gave deponent another "which his brother made to bring him some strong liquors from Ipswich, whither hee was goeing but getting noe liquors there, hee left one of the sd bottles wth his brother for his owne use, & there it remaines still for ought hee knowes the other hee sold to yong Tho. Burage att his returne Tho. Johnson was pvoked & angry that hee brought him no liq's & sd hee should not haue had his horse but vpon yt acct the next day as hee thinks it was the said Johnson came to him to borrow a bottle & sd hee was in great want of it & must haue some, soe not haueing one of his owne hee lett him haue one of his Fathr Loveioyes & wth wych & another hee went to Newbury as hee sd to fetch liquors the next day hee mett him comeing home not farr from his shopp & being something in a sack be- hinde him knocked on the head of a bottle, wch hee pceiued was full & further sayeth yt one of the bottles found wth the Ind. & now brought to Andour is yt bottle wch hee sent him." Sworn, 12 : 2 : 1671, before Simon Bradstreete,* assistant.
John Lovejoy, aged about forty-nine years, deposed that the said Johnson being very angry that he had brought him no liquors from Ipswich said it would be 40s. out of his way for they stayed for it, "cliping his words as it were in yt speech," etc. Sworn, 12 : 2 : 1671, before Simon Bradstreet .*
Willm. Ballard, aged about fifty years, deposed that being at Mr. Hinchman's and discoursing about Tho. Johnson, said Hinchman said he did not question that he sold to the Indians, and sat upon and delivered to this deponent a bottle which he said he had from the Indians to see whether it would be owned at Andover. As yet he had found no owner, etc. Sworn, 12 : 2 : 1671, before Simon Bradstreete .*
*Autograph.
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COURT HELD AT SALEM, 27 : 4 : 1671.
Judges: Mr. Simond Bradstreete, Mr. Samuell Simonds, Major Daniell Denison and Major Wm. Hathorne.
Jury of trials: Leift. Geo. Gardner, Nathanll. Felton, Samuell Pickman, Mannase Mastone, John Clifford, Capt. James Smith, Marke Bachelor, James Hughes, John Hill, Mr. Thadeus Riddan, Robert Burges, John Bread and Sergt. Fuller.
Joseph Phippen, warned to serve on the jury of trials and not appearing, was fined.
William Bartoll, being one of the grand jury and not appearing, was fined.
John Godfery v. Hen. Skerry, marshal, being deputy marshal for Marshal General Michilson. For not levying an execution according to law. Verdict for defendant .*
John Johnson, aged sixty-seven years, deposed that he never heard his daughter Mary Johnson say that her husband sold to the Indians, etc.
*Writ: John Godfry v. Henry Skerry, marshal of Salem, deputy for Marshal General Michelson; for not levying an execution granted by the Court of Assistants at Boston, Sept. 18, 1668, upon Abraham Whitacre of Haverhill; dated May 8, 1671; signed by Anthony Somerby,t for the court; and served by Edward Grove,t constable.
Execution, dated Boston, July 5, 1669, against Abraham Whittacre to satisfy judgment granted John Godfrey at the Court of Assistants at Boston, Sept. 18, 1668, without signature, and served by Henry Skerry, deputy for Edward Mitchelson, marshal general. Copy made by Edw. Rawson,f secretary.
Abraham Whiticker deposed that John Godfry promised to pay 5s. for the marshal of Salem to Daniell Ela, etc. Sworn, May 29, 1671, before Nath. Saltonstall,t commissioner.
Marshal Skerry's bill of costs, 18s.
Wm. Chandler, aged fifty-four years, deposed that being occasionally the past summer at Daniell Ela's house in Haverhill, Marshal Skerry levied the execution but could find no goods belonging to Whitticar. The marshal asked deponent to take charge of him while he considered with Godfrey what to do. Godfrey said to carry him to prison but the marshal told him he would not unless he paid him, which he refused to do. Where- upon the marshal took Whitticar by the shoulder and delivered him to Godfrey, and they went out of the house together "and turned the streete toward Hugh Sherratt's." Edmond Bridgs +Autograph.
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John Godfery v. Matthias Butten. Review of a case tried 29 : 4 : 1669, at Salem court. Verdict for defendant .*
deposed that Whitticar was told by Godfrey that he could get his diet at Sherad's, etc. Sworn in court.
John Griffing, aged about thirty years, deposed that Skerry said that he had received no pay for transporting the prisoner to prison, etc. Sworn, May 29, 1671, before Nath. Saltonstall.t
*Writ, dated June 14, 1671, signed by Hilliard Veren,t for the court, and served by John Williams,f constable of Haverhill, by attachment of house and land, also an orchard and hop yard of defendant.
Mathias Button's bill of cost, sending a man to Salisbury, going to town to Capt. Saltingstone, etc., 19s. 8d.
The humble request of Matthias Butten:f that having been sued by John Godfrey "and I liing very sicke and weack for this great while soe that I ame not abell to doe anything nor to come to the cort the hand of god haue ben and is still soe vpon me that I humbly beseche the honnored cort to consider how un- justly godfry sues me out of my own county contrary to lawe as I conseve becas it will a peare by evedene that godfry belongs to one town and County tharfor if he find him selfe agreved he should try in the same county war we both liue tharfor I humbly beseche the Court that your pore petechenore may haue Justes in the case as the lord shall dereet you."
Copy of record from the Salisbury court, 13 : 2 : 1669, con- cerning an action brought by Butten against Godfery, made by Hilliard Veren,t elericus, from a previous copy made by Thomas Bradbury, eleric.
Copy of the Salem court records of 29 : 4 : 1669, in a similar action, made by Hilliard Veren,t clericus.
Matthias Button's account of what he lost by the fire when John Godfrey burnt his house: ye house it selfe wth ye Sellar & leantoe, 10li .; twelve acres of Indian corne at 20s. ye acre only my family & my swine eat about 50 bush., 28li. 10s .; five hoggs worth 2li. 10s., each, 12li. 10s .; a bagg of Cotten wooll cost 9li., halfe of it was burnt, 4li. 10s .; one feather bed, one rugg, two blankets & six payer of sheets & 2 bolsters & one pillo, 10li. 10s .; a great brass kettle, cost 40s. not long before, 1li. 10s .; a great Iron pott, 14s., an Iron kettle at Ss., 1li. 2s .; an iron skillett, a great one 5s., a brass skillett, 5s., 10s .; 2 great peuter platters, 6s., a new pewter pott, 5s., 11s .; a brass ladle & a brass skimer, 3s., 2 porringers, 1s. 4d., 4s. 4d .; frying pan, 4s., a musquet wth. a firelock, 1li. 4s., 1li. 8s .; a sword & a payer of bandeleers, 2 pound of pouder, 1li .; 16 pound of lead, 2s. 8d., box yt. would hold abought a bushell all most full of good linen of hollan & yc
+ Autograph.
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like, worth 5li .; a hat cost 24s., another hat worth 16s., 2li .; a great chest wth. all there outward clothing & shifts, 2li. 10s .; a great bruing tubb, & a great keeler & a great meat tubb, salt meat in barrills, 13s .; tubb full of butter yt. would hold 2 fir- kins, 3li. 1s., a firkin full of butter at ye same time, Ili. 11s .; small things as spoons & dishes & trenchers, 2 payles & a gridiron & other things, 10s .; wollin & linen & a churne, Ili. 6s .; for ye loss of his owne time & wch. is ye most damage to his estate ye death of his wif occasioned herby, 20li .; 12 trayes, 12s .; a parcell of cabbages & turnups, 30s., 2li. 2s .; with double damage accord- ing to ye law page 31, 32, 111li. 1s. Sworn, 13 : 2 : 1669, by said Button at Salisbury court. Copy made by Tho. Bradbury,* recorder.
Abraham and Elizabeth Whittaker deposed that before the last Salisbury court, Matthias Butten sent for deponent to go to his house to write his daughter Sara's evidence to the inventory of what estate had been burned in the fire, but she could not make oath to all that he had set down. She said that as for the butter, her father had not a quarter of a pound in the house, as it had all been sold to the merchant for hats. Also, as for the linen, they had only an old open box with a few cloths in it, and her mother had not so many sheets or so much bedding. Then Butten agreed to leave out the things she objected to, but he did not and said he could not swear to the inventory as it stood. When they came to court, the inventory had not been changed, and he swore to it after deponent had come away. The bedding had been seen since the house was burned. The last night Butten told deponent that if he swore against him, he would strike him, and also that if there were some things in the inventory which should not be there, there were some things left out which should have been in, so they might set one against the other. Sworn, Aug. 29, 1670, before Daniell Denison. Copy made by Hilliard Veren,* cleric.
Abraham Whitiker and Elizabeth his wife testified that many times the past summer John Godfrey tried to persuade them "with many fauning speeches" to make oath for him against Matthias Buten, sr., of Haverill. That said Butten had taken a false oath, that he had owned to deponents that his children made a fire and set the chimney afire and burned the house, and then, said Godfrey, "I shall call Butten & setchall back againe". But deponents refused to take a false oath if they should gain the world for it. He offered them 40li. and would agree never to suc them any more, and told his wife to say what she wanted "now in her need at lying in with child," he would get it for her. But through the great mercy of God they did not yield to the temptations, and Godfrey said he would follow them in law until he had undone them. Sworn, Nov. 29, 1669, before
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