USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 4
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John Purchas deposed that by order of Mr. Giffard he went to Danyell Huchins and asked him to come to account and when Mr. Giffard asked him for his account, he said it was at home, etc. Sworn in court.
John Newhall, constable of Lyn, deposed that having attached the cows and horse, he left the cattle at Mr. Giffords' house, the cows in the yard, the horse by the barn door, and left him tied, etc. Sworn in court.
Jno. Purchas, aged about twenty-six years, testified that Huchins promised before Mr. Hawks and himself to give up the cattle. Elizabeth Dudly testified to the same. Sworn in court.
Summons, dated Mar. 24, 1667-8, for Mr. John Giffard's appear- ance, signed by John Fuller,t for the court.
John Floyd, aged about thirty-two years, deposed that John Purchis, who lived with Mr. Jiffard told deponent that the horse in question was dead before his master made the agreement and that they knew it. Sworn in court.
John Floide, aged about thirty-two years, testified that Jno. Purches came into a house in Lin where deponent was and said that Huchins had made a great blunder, etc. Sworn in court.
John Hawckes, aged about thirty-four years, testified that he was desired by Dannell Hutchins to put an end to the differences, etc. Sworn in court.
Mary Browne, aged about thirty-one years, deposed that her cousin John Hawcks being at her brother John Newhal's house, the constable, etc. Sworn in court.
Thomas Browne of Lyn, aged about forty years, deposed that his cousin John Hawcks, etc. Also that the constable showed a great deal of favor to Mr. Jiffard. Sworn in court.
+ Autograph.
33
RECORDS AND FILES
1668]
Jno. Kenard, Richard Plowmer & Jno. Claribut v. Stephen Dring, commander of the ship Elias of London. Verdict for plaintiffs. Defendant ordered to give bond to answer the plain- tiffs' just complaint respecting their imprisonment, loss of time and wages that may appear due to them. Court did not accept the verdict .*
Joseph Hutchens, aged about thirty-two years, deposed that meeting Mr. Jiffard near deponent's house, the latter told him how much he had been beholden to his brother Daniell Hutchens for helping him in his mowing, etc.
Daniell Hutchins' bill of cost, 2li. 6s. 7d.
*Writ, dated June 22, 1668, signed by Jonath. Negus,t for the court, and served by Henery Skerry,t marshal. Bond of Stephen Dring.+
" Honnered Sr: wee are come heare According to youre Honnors Comand for to Acquant you of hoe yt wee haue been abused, both by words & also in danger of our lives, for of that wee doe speake, but for such things as is ourp roper due wch is victualls hee tells us that it is soe much saued in his pocket for wee haue had noe prayer this voyage, but only cursing & swearing, in wch it hath been more Gods mercy towards us, that. wee had not been destroyed, by theire prophanes of swearing, & more hee hath sayd that as long as hee hath a sword & Pistoll, that hee will," etc., "for speaking for victualls & what wee found our selues greiued about, for if wee did but speake to his mates concerning about the goods, that it would bee damnified, then wee were thretned to haue our sides drubbed, & to bee knocked downe, wth hand spikes, And more the master when hee shipped us to goe wth him, hee shipped us cleere of damage, but now he goes from his word for wee haue damage in the ship, but how much wee doe not know, nether will he satisfie us what damage there is, for to proceed in the voyage wee are not willing to [do] it for the ship is not fitt for to Carry dry goods, by Reason of her being a bancker, which hath used noe other Trade but to carry wett fish, soe youre Honnor wee hope will Consider our Condition youre seruants to Command, John Hoskins, John Clarahbut, Rich. Plomer, William Jones, Abraham Basset." Copy made by Edw. Rawson,t recorder.
Letter of attorney, dated June 26, 1668, from John (his mark) Kenard,¿ Richard Plomer§ and John Clarabut,§ seamen, to Humphry Hodges and William Bartholmew, both of Boston. Wit: William Saltert and Charles Thurston.t
William Saltert testified, June 29, 1668, that the last day of the week past near sunset "Cam m' elias grundee as they Call + Autograph. ¿Seal. §Autograph and seal.
34
SALEM QUARTERLY COURT
[June
Jno. Procter v. Robert Punell. Debt. Withdrawn.
Jno. Procter v. Robert Punell. Withdrawn.
Robert Punell v. Capt. James Smith. Debt. Verdict for plaintiff. For a diteh he made .*
Jno. West v. Will. Smith. Debt. Withdrawn.
Robert Potter and Robt. Rand were chosen and sworn con- stables of Lyn, and Tho. Searle for Wenham.
Susana, widow of George Wheeler, late deceased, brought in an inventoryt of her husband's estate, amounting to about 29li., which was allowed. Said George dying intestate, she was ap- pointed administratrix, the estate to be in her hands until the court take further order.
him I do not know him my selfe by name, to three seamen who were prisoners upon an atachment and the 3 seamen wer set downe to super and mr grundee Cam in to them and told them the master was Com up to them and befor they had time to eat halfe a super they did rise up to go out to ther master but he was gon I did marvell in my mind he was gon so sone it was a very short time." Said Salter's wife deposed the same.
*Writ, dated 22 : 4 : 1668, signed by Hillyard Veren,# for the court, and served by Richard Rouland,¿ constable of Marblehead. Capt. Smith's bill of cost, 15s. 6d.
Robert Knight, aged about fifty-four years, and Roger Rise, aged thirty-four years, deposed that being desired by James Smith to look at some shingles laid upon the house of said Smith and some unlaid, they found that they were not serviceable, etc. Sworn in court.
¡Inventory of the estate of George Wheeler, taken May 28, 1668, by Anthony Somerbyt and William Titeome :¿ House & about half an aere of land, 15li .; one cow & ayerling heifer & calfe, 5li .; two small swyne, 16s .; in the chamber, a bedsted with a bed & 2 old blankets & coverlet & cradle & a chest, broken box with about 3 bushels of Indian corne & lumber, 1li. 12s .; in the house, a bedsted & bed and one blancket & a Rug and bolster with eurtaines, 2li .; one paire of And Irons & tongs & fire shouell & cottrell & spit, 7s. 6d .; an Iron pot, a frying pan, brass skillet, old ehayer, 12s. 6d .; foure pewter dishes, 3 small saucers & a pewter eup & smoothing Iron, 11s .; 2 old chests & an old box, one small tablecloth, eight napkins, thre pillowbears & five old sheets, 2li. 2s .; a warming pan, an old chamber pot, tining tun- nell, water bueket, 2 Wooden trayes, a rodden basket & 3 old chayres, salt box, looking glasse & other lumber & In cellar 3 small vessels & 2 keelers, 1li .; total, 29li. 1s.
# Autograph.
35
RECORDS AND FILES
1668]
John Mansfeild was released from paying his yearly payment to the use of the foot company at Lyn, for not training, until the court take further order.
Joseph Brabrook, Sara Brabrook and Rachell Brabrook, peti- tioned to the court that Hen. Short of Newbery and Simond Tompson of Ipswich be appointed their guardians. Court ap- pointed them and they were bound.
Allen Pearly was appointed administrator of the estate of Nathaniell Pearly and ordered to bring in an inventory.
John Perkins dying intestate, administration upon his estate was granted to his wife Deborah, who brought in an inventory* amounting to 48li. 15s., which was ordered to be for the use of the widow. She was to pay to her child Thomas, son of said Perkins, 10li. at the age of twenty-one years, and if Deborah married again she was to give bond for the payment thereof.
Ordered that the county treasurer issue warrants to the several towns of the county for raising a county rate of one quarter part of a single country rate to pay the debts, out of which 10li. be paid toward the building of the prison at Salem.
The will and inventoryt of Robert Andrews were proved and allowed.
*Inventory of the estate of John Pearkenes, taken June 12, 1668, by Frances Pabody# and Edman (his mark) Town: Three Cowes and one year old beast, 13li. 10s .; one horse, 8li .; three Ewes and fore lames and one Calfe, 3li .; five swine, 4li .; ware- ing paril, 8li. 10s .; fore sheetes, piloberes and napkines, 3li. 16s .; bibel, 5s .; sadel, 1li. 5s .; one sheet and a bridel, 10s .; Corne, 3li .; Cuper ware and other lumber, 10s .; hoe, 4s .; one axe, 5s .; pare of fetters, 4s .; tabel and a box, 10s .; musket, 25s .; total, 48li. 15s.
tInventory of the estate of Robart Andrews, sr., of Rowley, taken by Frances Pabody,¿ Isack Comings and Edman (his mark) Towne: Three beds & beding, 17li .; two dusen & three napkins, 2li .; sheets, table Cloths & pillow beres, Sli .; mares and colts, 16li .; fouer Cowes, 16li .; fouer young Cattell, 7li .; fouer steares, 18li .; Cart and wheeles, 2li .; Grinding stone, 6s .; yoacks, Chaines & plows, 3li. 15s .; Harrow, beetell, wedges, sives & sickells, 2li .; sheepe, Lambs & one Caulfe, 2li. 10s .; twenti ackers of Corne upon the ground, 25li .; his wearing Cloaths, 8li .; worcking tooles, 3li. 5s .; Chests, boxes & one trunck, 1li. 10s .; two musckets, & rest, 2li. 10s .; Chairs, tubs & trays, 2li.
¿Autograph.
36
SALEM QUARTERLY COURT
[June
Thomas Broket, jr., deceased, dying intestate, his father Tho. Bracket presented an inventory* amounting to 30li., to whom administration was granted. The estate was ordered to the use of said Thomas Bracket and Alce, his now wife.
There being goods taken up at Cape Cod by one William Jewell of Marblehead and Jeremiah Booteman and Gilbert Taply of Salem, said Jewell was ordered to deliver the cloth in his hands to the constable of Marblehead. The above-named persons appeared in court and no claim being made of said goods, it was ordered that they remain in their custody until the court take further order.
Susana Archard and Samuell Archard, administrators of the estate of Samuell Archard, deceased, brought in an inventory amounting to 176li. 3s. 6d., the estate being debtor 195li. 14s. 1d., and the widow's thirds of the housing and land being 39li. Remainder of the estate is 137li. 3s. 6d. which will hold out to pay the debts but at the rate of 14s. per pound. There being an or- der of last Ipswich court that all creditors should present their claims at this court, all who make demands after this court can- not expect satisfaction. It is to be understood that at the widow's decease, her thirds are to be used to pay the creditors.
Mr. Gidney, sr., Mr. Browne, jr., Mr. Ruck and Mr. Tho. Gardner had their former licenses renewed.
Danyell Huchens was ordered, according to the jury's verdict in the action of slander depending between Mr. John Giffard and said Huchens, to make acknowledgment as follows: "I Daniell Huchens doe heare acknowledg, I did sinfully in slander- ously & falcly saying to Mr Giffards that shee was abase lying
10s .; one peice of new Cloath, Ili. 4s .; one parsell of Land bought of John Wilds, 45li .; house & 200 ackers of Land, 350li .; Eightene ackers of upland & medow, 100li .; land in Topsfeeld, 60li .; eightcene bushells of wheat, seaven bushells of rye, 5li. 18s .; twelve bushells of malt, 1li. 16s .; thirty bushells of Indian Corne 4li .; pewter, bras & Iron pots, 5li .; two tables, 3li. 1s .; debts, due to the Estate, 5li. Estate debtor to the Doctor, etc., 23li. Sworn in court by Grace Andrewes, wife of deceased.
*Inventory of the estate of Thomas Bracket, taken 1 : 5 : 1668, by Edmond Battert and Jno. (his mark) Pease: A small parcel of land and timber, 13li .; aparrell, 40s .; tooles, 20s .; debts due 16li. 6d .; total, 32li. 6d .; estate is debtor, 3li. 12s.
+Autograph.
37
RECORDS AND FILES
1668]
wocman & that I would not beleeue a word shee said & that I would bring forty witnesses more to Justifie what I had said & for which saying I am Hartily sory & doe desire M" Giffard to forgiue me." The constable of Lyn was to see it done.
John Porter, being complained of by a servant of his father's as also by his father, for abusive carriages committed lately in the family and the court understanding that he was a prisoner by order of the Court of Assistants and made an escape, was ordered sent to the prison at Boston, to remain until he be delivered by order of law. The clerk was ordered to issue warrants for the execution of the order .*
William Edmonds, Mr. Tho. Gardner, Benjamin Parmiter, Samuell Ward, Joseph Bownd and Cristopher Lattamore had their former licenses renewed.
Capt. Paul White had license granted to draw wine and sell at retail out of doors for the ensuing year.t
*John Barnes'į complaint: "I being a servant to Sergt John Porter & dwelling in his famuly: John Porter my masters son, being come home to his father & dwelling in the house is very often greatly disturbing the famuly & dus frequently abuse me (in pticular) that I can haue little rest or quiett for him almost dayly abuseing of me by rayling, slanderous reproachfull words, miscalling of me, in a very reproachfull manner, & threatening of me that I goe in feare of my life of him, I doe not question but my master would releiue me yf he knew how, but in as much I see little hopes of continueing in the famuly with comfort or safe- ty whilest ye said John Porter doe continue in the famuly, but doe feare yf there be not some course taken by some means or other some sad inconvenyence may follow, there for doe humbly desire yor worships to take the case in to yor wiss considerations, yt yor poore complainant may haue releefe & further inconvenyence may be timely prevented."
¡Petition of selectmen and others of Nubury to the court that the license might be granted, "for the necessary releif of Some Sick & other indigent psons by whom the Churches Exigencies haue Sundry times been Supplied, who Allso may the more Con- veniently Accomodate the Churches occasions for time to Come through your Worships fauour herein, until some man be licenced to keep Ordinary here," signed by Wm. Gerrish,# Joseph Hills,} Nicolas Noyes,# Henry Short,# Will. Moodey, ¿ Richard Knight, # Richard Kent,# Richard Dole,¿ John Knight,# Tristram Coffint and Daniel Peirce,¿ the last five being selectmen.
#Autograph.
38
SALEM QUARTERLY COURT
[June
Mr. John Corwin had license granted to retail strong waters out of doors for the ensuing year.
Henry Leonard,* Hen. West,t Tho. West,t Mr. Jeremiah Jewet,* John Massey,; Lott Conant, John Dodg, Nathaniell Stone, Ephraim Herrick, Peeter Woodbery, Samuell Archard, t John Pease; and William Downtont took the oath of freemen.
Richard Stackhouse was allowed 10s. to be paid by the county treasurer.
William Vinson was dismissed from common training, paying 3s. per annum to the use of the foot company of Gloster.
Hana, alias Ann More, widow, having sold a house, land and orchard adjoining, containing about an acre and a quarter, lying in Salem between the land of Mr. Joseph Grafton, sr. and Nathaniell Grafton, came into court and declared that she sold the premises for her necessary use, and the court allowed it.
William Reeves and Susana Durin, appearing to answer for committing fornication, which they confessed, said Reeves, hav- ing some other misdemeanors charged against him, was sentenced to be severely whipped and to pay 50s. fine and 50s. to Mr. Crom- well for abusing his maid. Susana was sentenced to be severely whipped or pay a fine of 4li. Reeves was bound in 20li. to free the town from the support of the child and in 10li. for good be- havior. John Reeves, surety.#
*Of Lynn. Certificate signed by Edw. Rawson,§ secretary.
+Of Salem. Also Jno. Ingersoll. Certificate signed by Edw. Rawson,§ secretary.
#Petition of Willm. Reeves: "With all submissive respect prostrating himself at ye feete of yor clemency, Sheweth that whereas he is a prisoner now before you, deseruedly detected with an arrest for a crime repugnant to ye law of god & man; wherein he humbly desires to acknowledge ye Justice of god who is ye revealer of secrets & hath made his sin obvious to his shame, wch he humbly beggs of god may so ashame him as to make him haue a detestation agt such & all other sins: whereby gods name is dishonord - now I am before you as a poore offendr to be tried according to ye desert of my act, & err long must appeare before him who is ye Judge both of quicke & dead; then woe for me were there not pardon in ye Blood of Jesus; for as to ye law I must owne my self to be inexcusable; ye equity whereof con- straining me to silence; onely this yor poore petitioner eraues ye fauor of liberty to plead for as being left fatherless in this respect § Autograph.
39
RECORDS AND FILES
1668]
to haue ye benefitt of him or any such paternall friend to Intercede for ye mittigation of his dreaded sentence; oh that this my fall might turne many from sin; now what yor poore petitioner in his owne behalf hath to say wch he humbly beggs you to take into yor gentle consideration & in charity to beleiue as knowe- ing Between God & his owne conscience to be true; Its not unknowne that I & ye young woman lived servants in a house together vnto whom my affections were & still are so deare as to make her my wife & would haue Asked for her ... but being in ye condition that we were both durst not attempt it though I well could perceiue my mistress' apprehension concerning such a Thing .. . but my hope is in god who can restrain ye wrath of man; & Blessed be god that you or rulers are not children but men of piety & growth in Christ who is ye president of mercy .. . yor poore petitioner then humbly beseeches yo" Duely to weigh his case; in that ye young woman now suffering with him may not be with held from him in ye way of marriage & debarrd as she is from so much as comeing to see her poore babe, euer since it was stript & Turned naked away from her, wch according to ye bond of meere humanity & nature would be thought Impossible, were there not extraordinary restraint & feare; once more I beseech you wth what Tendernes possible to consider vs both & rather to take ye Fine of me, according to law, for this or offence, as being in yor brest, then to haue ye Infliction of corporall punishmt"
Thomas Ives, aged about twenty years, deposed that William Reeves said he wondered what "aileth our maide, for as soone as I come in at the dore she either runeth into ye other roome or up into ye Chamber." Reeves also told him that he had a "Cer- taine pouder called Love powder a portion wherof he would give to Susanna Durell in some maner of drinke, to cause her to follow him." Deponent had heard Susanna say that she wished her mistress would send her out of the house to some other place until Reeves had gone from his master's house. Sworn in court.
Letter, dated July 1, 1668, Martha Slater* to Goody Gatchell: "I would Intreate you to speake In my boyes behalfe and to Doe for him as much as if I ware theare present for as much as I am Anciant and not well able to goe my selfe and you knowe that hee is friendlesse you will very much obliege your Friend."
John Rowdin, aged about fifty years, deposed that Will. Reeves told him some scandal concerning the wife of Walter Skiner. Also that Reeves being sent for cattle, came into the house of Robert Coburne with the daughter of Thomas Whiter- edge and went out again with her, he being in drink. Sworn, 22 : 4 : 1668, before Wm. Hathorne,* assistant.
Mary Rowden, aged about forty-eight years, deposed that the
* Autograph.
40
SALEM QUARTERLY COURT
[June
Richard Waters had his former license renewed for the year ensuing.
John Woolcot and Henry Codner, being bound over to this court by the Worshipful Major William Hathorne, upon sus- picion of burglary, said Woolcot confessed that he broke into the house at the window and took out of a chest 22s. in money. He was sentenced to be branded in the forehead according to law and to pay treble damages, also to pay Richard Rowland, consta- ble, 4s.
Walter Boaston and his wife, for committing fornication be- fore marriage, were sentenced, he to be severely whipped or pay a fine of 4li. and she to appear at the next Salem court.
Samuel Hutson being bound for Hen. Codner's appearance and to abide the order of court, and said Codner absenting himself when called, Hutson was fined 10s. Said Codner was ordered to appear at the next county court at Salem.
Administration upon the estate of Samuell Moulton, deceased, that was left him by will of his father, Robt. Moulton, was grant- ed to Mr. Hen. Bartholmew, Joseph Grafton, George Gardner and Samuell Gardner, who were ordered to bring in an inventory to the next Salem court.
There being an inventory* of the estate of Thomas Dill, late
wife of Walter Skiner kept bad company at Marblehead, etc. Sworn, 22 : 4 : 1668, before Wm. Hathorne, t assistant.
Margery and Sarah Williams deposed that Susana Durin, Mrs. Cromwell's servant, often came to their house and asked Sarah to go over to sit with her when there was nobody at home but Will. Reeves, saying that she could not abide to be with him alone. Sarah Williams had laid with her for more than a year, etc. Sworn, 19 : 4 : 1668, before Wm. Hathorne, f assistant.
Elizabeth Price, aged about fifty-two years, deposed concerning reprimanding Reeves for his conduct.
Robert Colburne, aged about sixty years, and Alice Colburne, aged about sixty years, deposed that Wm. Reeves came to their house about ten o'clock one night with Florence Hart, jr. They desired Reeves to stay and go to bed, but he would not. After- ward he abused strangers upon the road and then they brought him to Colburne's house to bed. Sworn, June 25, 1668, before Daniel Denison.t
*Inventory of the estate of Thomas Dill, late of Marblehead, taken July 2, 1668, by Christopher Lattemer: One quarter part of
+Autograph.
41
RECORDS AND FILES
1668]
deceased, brought into court, amounting to 74li. 6s., and said Dill dying intestate, and court being informed that he had a wife and child living in England, administration was granted to Richard Dill and Mr. Bartholmew Gedney, who gave bond. The estate was ordered to be equally divided between the wife and the child of deceased.
Edward Wharton, coming into court in an irreverent manner and contempt of authority with his hat on, and refusing to take if off, he having no business with the court, boldly charged the government in open court with unrighteousness. Afterwards coming into open court again, he charged the government with cruelty and shedding of innocent blood, which upon his trial he owned, and it being demanded whether he did not wickedly in so speaking, he replied, "God forbid I should owne that to be wicked which God requires of me." He was sentenced for his high offence to pay a fine of 50li. and to lie in prison until the fine be paid.
Elizabeth Fryer, presented for frequent absenting herself from the public ordinances, was dismissed, it appearing that she is disabled in body and not through obstinacy .*
Clement Coldum, presented for speaking a perniscious lie, was admonished.t
the catch Prosperous of Marblehead, 57li .; wearing apparrell as they were sold by the master at the mast, per custom of the sea, lli. 16s .; 24hhds. of salt, 13s. p hhd., 15li. 12s .; his pt. of a pcell of refuse fish, lli. 7s .; by a debt owing to ye estate from Mr. Peeter Oliver, 8li. 10s .; debts owing to the estate at Nevis, 1707li. of suger at 10s., 8li. 10s .; ye estate is Credt. by severall men, 20li. 5s .; total, 113li. 10s. Estate debtor: To men for wages due, 10li. 10s .; Mr. Moses Maverick, 2li .; William Nick, 2li. 2s .; Mr. Ward, 4s .; the catch, 13li. 4s .; ferry man, Sli. 8s .; Mr. Babbadg, 16s .; Jon. Fabins, 3li .; Capt. Corwin, 7li .; total, 39li. 4s.
*Robbert Elwell, Henry Walker, Samuel Dalliber, Thomas Millet, sr., Stephen Glover testified that Elisabeth Fryars was deaf and many times unable to go to the meeting house.
Gloucester presentment. Wit: Robert Scampe and John Collens.
¡Gloucester presentment. He was summoned for saying that Mr. Duncan had made over his horse to Mr. Norcross of Water- town and had now sold him to Mr. Fote of Bostone for 10 or 12li., which was proved to be untrue. Wit: Mr. Emerson, Thomas Judkin, John Davis and William Vinson.
42
SALEM QUARTERLY COURT
[June
Erasmus James, presented for breach of the peace some years since, was acquitted.
Erasmus James, presented for giving his mother abusive language and carriage, was fined .*
These several persons being presented, who on common fame and best observation did not frequent the public worship of God on the Lord's days, were sentenced as follows:
Samuell Shattock and his wife, Goodwife Buffum, Joshua Buffum and his wife, Josiah Sothwick, Danyell Sothwick, John Burton, sr., John Small, Samuell Gaskin, widow Pope, the men to pay 20s. each and the women 10s. and old Mrs. Gardner, 5s., the latter to have 5s. remitted of her last year's fine. The re- mainder of their fines were respitted.
Court referred all the presentments brought in to the last court and not heard at this court to the Worshipful Major William Hathorne to end.
The servants of the house were allowed 7s.
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