USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 4 > Part 8
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#Writ, dated 12 : 9 : 1668, signed by Hillyard Veren, || for the court, and served by Henery Skerry, || marshal of Salem. Bond of Thomas (his mark) Pitman.
§Writ, dated 12 : 9 : 1668, signed by Hillyard Veren, || for the court, and served by Henery Skerry, || marshal of Salem, by attachment of house and land of defendant.
||Autograph.
74
SALEM QUARTERLY COURT
[Nov.
in building a bridge over Ipswich river, the new way between Salem and Andover and a way to be obtained through Joseph Holt's field, which sum was to be paid out of the county rate. It was further ordered that the whole highway from Andover to Salem be sufficiently made before the next Salem court, upon penalty of 10li.
Administration upon the estate of Phillip Knight, was granted to the wife Margery, who brought in an inventory* amounting to 106li. 18s. Court ordered to the eldest son, 20li., and 10li. each to Phillip, Rebeca, Elizabeth and Mary, at age or at mar- riage, and the widow was bound for the children's portions.
Benjamin Browne made oath in court that the account of Peeter Joy upon his father's book was a true account and that said Joy signed in his presence.
Nathaniell Hadlock owned in court that he had been at the Quaker's meeting three times and also that he refused to assist the constable. Said Nathaniell being complained of to this court for saying he profitted more by going to the Quaker's meeting than he did by hearing John Higgeson, and that the Governor was as guilty in shedding innocent blood of the Quakers as Susana Cravet was in murdering her child, he was admonished for going to Quaker's meetings, fined 40s. for refusing to assist the con- stable, ordered to be severely whipped for his other heinous of- fences and bound to good behavior during the pleasure of the court.t
*Inventory of the estate of Phillipe Knight, taken by John Putnamį and Thomas Fuller#: Two cows, 8li .; two oxen, 14li .; two steres, 9li .; two young cattle, 4li .; one mare, 5li .; five swine, 5li .; feather bed with the furniture, 9li .; puter, 15s .; wereing clothes, 4li .; wooding lumber, 6li .; Beefe & porcke, 2li .; Irron were, 8li. 16s .; Brasse were, 2li. 12s .; Indian Corne, 6li .; Rie & Barley, 2li .; hoopes, 3li .; hempe & flax, 3li .; Cotton woole, 2li .; two beeds & furniture, 5li .; five pare of shetes, 3li. 10s .; three pare of pillowbyes, 15s .; table cloth & napkines, 1li .; five sackes & winno shette, 1li .; new Cloth & one Wallett, Ili. 10s .; total, 106li. 18s. There were five children: Jonathan, aged 26 years; Phillep, aged 23 years; Rebeca, aged 17 years; Eliza, aged 13 years; Mary, aged 11 years.
+Confession of Nathnell Hadlok:{ "I desear to fall down befor your worships ft & am hartyly sowry that euer I should be so Autograph.
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RECORDS AND FILES
1668]
Capt. Marshall had his former license renewed.
Silvester Eavely had his former license renewed for the ensuing year.
Tho. Coldum, Samll. Fraile, Robt. Driver, Samll. Tarbox, Jno. Witt, Jno. Fuller, Jno. Tarbox and Hen. Roads complained to the court that they were much burdened by the maintenance of unequal parts of fence belonging to a general field at Lynn, of which they are proprietors, and could have no full redress from their selectmen. Court ordered the selectmen of Lynn to divide the fence as the law required .*
wickid to defam the eminent sarvants of Christ namly the hon- nored governor and reverant Mr higinson which hath ben causles- ly for I neuer had reson so to spake I hope I shall neuer be so carles in my words any more but trust that this my wicked mis- carige shall caus me to morne all my days and shall by the help of god be so warned by this that I neuer shall do so againe - be plesed to exsept of my humbell confession which may intamat thus much that it hath not yt is aledged against me proseded out of predgidec for I hop if need requiar I should be willing to spend my lif for your saks and acording to the word of god I hope I shall liue for tim to cum thus beging your prayars I Ly att your marcy acknoledging that my ofences so haynes that I cannot exspect any fauor but humly Intreet as is trew I am a pore rashe sinfull retch may god geue me a sight of my sin."
Danell Rumble, aged about sixty-eight years, and William Cortis, aged about thirty-seven years, deposed that Nathaniell Hadlock, being at Goodman Rumbls' house, etc. Sworn in court.
*Thomas (his mark) Coldum, Sammuell Frayll,; Roberd (his mark) Drivar, Joseph Redknap,f Samuell Tarbox,t John (his mark) Tarbox, Henery Rhodes,t Jacob Knight,; John Wittt and John Fuller,t all of Lyn, complained as follows: "Haueing land ly in comon in a generall feild some more & some lesse for these many years could neuer agree to alott out a Just proportion of fence suteable to each persons intrest & haueing made seuerall complaints to or selectmen for seuerall years past, we haue yet no redress (though some easment we haue had) but such of us whose lands lye next the out side are burdened & others that lye within som lands fence not at all & others fence nothing suteable to what wee doe that lye upon the out side, which wee feare maye ocation many sutes at law, as there is one depending before the worshipfull Major Hathorne, whom we question not but may giue this Honored Court further light in the cause, or lands lye seuerall
+Autograph.
76
SALEM QUARTERLY COURT
[Nov.
Mr. Joseph Grafton, Hen. Bartholmew, George Gardner and Samuell Gardner, administrators of the estate of Samll. Moulton, brought in an inventory amounting to about 20li. with debts of about 4li. 8s. Court ordered them to sell the land, 120 acres, to the best advantage, and after the debts were paid to make an equal division to the brothers and sisters, payable at the age of 21 years or marriage.
Complaints having been brought in against Robert Cross, Steephen Cross, Benjamin Marshall on one part, and Thomas Wells on the other part, for many slanderous, reproachful and threatening speeches, partly against the court and members and partly against the persons of some of the worshipful magistrates, and it being proved, they were fined and bound to good behavior. Thomas Wells and Rainold Foster bound. Steephen and Robert Cross bound. Benjamin Marshall and Richard Brabrook bound .*
lotts deep & within the upland ther is a great quantity of sault medow that did neuer fence but little or none, the feild is comonly called the great neck or m' Needams & Redknaps neck now or humble request unto this Honored Court is that or cause maybe considered of and some course thought of that or burdens may be eased; that lands that lye within us boath upland & medow maye help us on the out side fence, for we humbly aprehend that the salt medow being of more worth and bringing forth more yearly cleer profitt then most of or upland should be at as much charg in the out side fence."
*Petition of Thomas Low, jr.f, Martha (her mark) Low, Thomas Varny,f Jacob Perkins, t Sarah Perkins,t Adward (his mark) Bradg, Elesabath (her mark) Bradg, John Burnum, jr.,f Goodman (his mark) Procktor, John Newmareke,f Thomas (his mark) Burnum, Weluame (his mark) Stori, Sera Store,t Wellum (his mark) Haskoll, Mari (her mark) Haskell, Hanah Perkinst and Renold Foster,jr.,t in behalf of their beloved neighbors, Thomas Wels and his wife: "We are much greeued and troubled that such things should bee laied to theire charge as is reported for we ourselus haue had knowledg of them this three yeers about two yeers and half they lived about to miels from us somtiems falling into their company we neuer found nor understood ainy thing in their speeches or behauior but that which was good and Chris- tian lieke, and euer sence last Apriell they haue liued amonghst us and very conversant in our famelies and many tiems going to meeting on the lords day and other days ther for we had much
tAutograph.
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RECORDS AND FILES
1668]
oppertunity to see or desern such a spirite in hime to speake after that maner as he is accused; but we haue found quite the contrary constantly in his discours being apt to spake or meake ocatione to discourse of religon and the best things; and all this whiel we neuer hard our selus nor by any of his neighbors wher they lived befoer did wee euer heer such a report till that he assaied to joyn the church wher he had reedy acceptance then they attached hime to the courte wher they accused him wth soer and hard things wher upon the honoured court gaue Judg- ment according to euidence and this our Neighbor wels speake well and Justified the court in ther proseedinge and euer sence hath Justified the court when he waer discoursing of that Judg- ment pased against hime self in court and ther foer it seems very strange to us that thes our beloued Neighbors should be accused of such things."
Robert Crosse, sr., being complained of to Samuel Symonds* for reproaching Major Generall Denison, gave bond, Nov. 13, 1668, for appearance.
Petition, dated Nov. 24, 1668, of George Geddinge,* John Andrewes,* John Giddinge,* William Goodhue,* William Cogs- well,* Thomas Vaarny,* Samuel Ingals,* Willam (his mark) Nellson, and his wife, Willam (his mark) Durgy, and his wife, Willam (his mark) Haskell, William (his mark) Fellowes, Robert Crosse, sr.,* and his wife, Roberte Crosse, jr.,* and his wife and Steeuen Crosse :* They asked the clemency of the court in behalf of Benjamen Marshall, their neighbor at Chobacco, "amoung whom he hath liued for ye most part from ye 8 : or 9 yeare of his eage till now; and knowing the tempor and condistions of ye young man his Cariag bouth in words and actions wt whome he hath had any Sosiety: the good Commendation giuen of him by Seuerall in whoes families he hath liued, to be an orderly person of quiete Disposision, not giuen to bare anger or a sperit of Reuenge in labor Dilligent, Dutifull to his parents as they a afferme; . . . Thomas wels hath often spoke in his commenda- tion to many of us his neighbors; that he was as good a Con- disond felow as euer he would desier to haue wt him, and he would giue him better wages then any one he knew; this the sayd thomas hath spoken sence the time that he sayes Benjamen spoke those words That he accueses him wt ... now sence the court heild at Ipswitch his Brother Benjamen being called there to wittnes in a case Depending bettwene Goodman Brabroock and him Goodman wels hath giuem out threttning words against both his Brothers both Edmund and Benjamen as will apere by euidence, " etc.
Warrant, dated Nov. 13, 1668, to Thomas Wells, ship carpen- ter, for reproaching the court at Ipswich, signed by Samuel Symonds .* Bond of Thomas Wells, Reginald Foster, surcty.
* Autograph.
78
SALEM QUARTERLY COURT
[Nov.
Warrant, dated Nov. 16, 1668, to Benjamin Marshall, for high misdemeanors, also to witnesses, Stephen Crosse, John Bayer, and Robert Crosse, jr., signed by Samuel Symonds .* Bond of Benjamin Marshall, Richard Brabrooke, surety.
Steeven Crosse,* Benieman Marshall* and John (his mark) Bayer, testified that Thomas Welles commonly spoke of the court and magistrates, "yt or Coartes at Ipswich was all one the Inqui- shon howse in spayen: when a man is onse brought into Coarte thofe: hee knowes not for what: he had as good be hanged: thof what the inquisition house is wee know not: therfore leaue it to be Judged by them yt vnderstand it & that ould Brandstreet was a worse yousorror then Godforey & vapporing a bout won- dring what became of all the fines: he answers him selfe: why they ceepe it to by sack with all: and lete Cases goe which way they will: they cayer not so Longue as they can feast ther fat gotes," etc.
Roberte Crosse, jr.,* and John (his mark) Bayer testified that Welles also said he "can set spelles & Rases the Diuell, hee afferming him selfe to bee an artise."
Thomas Wells, aged about forty-two years, and Naomi, his wife, aged about thirty-one years, testified that Goodman Cros said "the magar daneson wose desgraced in thee Corte at boston bee Cose hee saied to the Cort Con sarning mestres loue that they had Condemned and hanged a omen and ye know not for whote for wich the members of boston Corte gaue him a sharpe reeproufe and the magager daneson wos not reespected in the Corte of boston and goodman Cros saied that thare Came more appells from epsches Corte than ani toune in the Contri and that som of boston told him that wee in the estarne parts Cap him in place or ofes or alls hee had bene torned out of place beefore now and the semen that belonged to ore Caches saied that Goodman Croce told them that his sons ware sate in the stocks and poneshed for nothing and hee told us that the magar Cold not abide him and tharfore I fare the wos in the Corte and my sons also ware poneshed for a matar of nothing." Sworn, Nov. 18, 1668, before Samuel Symonds .*
Robert Crose, jr., aged twenty-seven years, deposed. Sworn in court.
Thomas Wells deposed that Goodman Cros said that "mestor bradsted wos the ondoing of a man at watertone wich wos of a grat estate and of good acont wich went in good apariell and selcke stockings and thay had dellings to gather and mestor brodsted sued him from Corte to Corte . . . till he had on dun him and made him so poore that hee brot him from selcke that he wore that he had insted tharof nothing bout pached Clothes and Stockings out at the hels and that mestor brodsted wos as bad as one godfree in veseri, wich ore ansar wos to him whot that
*Autograph.
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RECORDS AND FILES
1668]
godfree wos wich ansor wos made to us that hee wos a ell lockt falo and that hee wos a grat uesoror and if hee Came bee fore a gogee his locks [w]old hang him and the Cort Consedred the man so on don the Cort gaue him a som of moni for to halp him mestar brodstred Cam to heare of it toek it a way from him and so hee saruess him . . . I ded not know mestar brodsted nor to this day nafter know or see godfree and nafer had dellings with mestar brodsted," etc. Sworn, Nov. 18, 1668, before Samuel Symonds .* They further deposed that Marshall said that Major Denison was deceitful as his two sorts of hair showed and that Goodman Andros was like him, and on a training day he would be knocked down and none should know how it came to pass.
Thomas Wells and wife Naomi confessed that the reason they revealed the things spoken against the court at Epscheth was because they thought they conserned the life of the Common- weath. "It has ben the plesuer of god to vesit my wife with seeknes near unto deth and other trobells wich I nafer wos tried with all bee fore wich mad us bee twene or salfe to Consedor what the mind of god should bee in it and it pout us in mind that the rafrent magistrats ware spocken a ganste and thratned wich in des Corce wee both know in the presence of god and his pepell wee both Can afarme thos things spocken against the magistrates by thos pursons then our Conchences smot us seuerlie and heare in wee haue senned aganste god and his pepell bee Case wee had not reuellied it Sonor then wee saied thow wee haue liueed in thes naglate and not to reuell it wee Can find no rule in Skriptuer that wee Shale liue ani longor tharin and wee hard of a ganarall training to bee at epsche intended and mit bee a fet opertuniti as to dow so as som haue saied for Crist sase hee that loueth father or mother more then mee is not worthi of mee and wee apprehend thes to bee the Case of Crist and wee had now rast in our Conchances nite nor day till wee had reuelled thos things thar fore wee Commend or seluess to god and to the onred Cort for wee had rather sofer wth a good Conchene than not to sofor with a accused Conchance," etc.
Steephen Crosse, aged about twenty-three years, deposed that the day when Jacobe Perkens' house was raised, about a month ago, Thomas Wells said that Bengemon Marshall should be put to service for seven years, etc. Sworn in court.
Thomas Wells further testified that Bengment Marshall said that Goodman Brags presented these young men for breaking up the bridge and being vexed with him said that it should not be long before his house should be burned or his cattle knocked in the head, and that he had come from old Goodman Crose's when he said so. Sworn, Nov. 18, 1668, before Samuel Symonds .*
John Giddinge and Edmon Marshall deposed that being at
* Autograph.
80
SALEM QUARTERLY COURT
[Nov.
Goodman Storry's house, etc. Sworn, Nov. 23, 1668, before Samuel Symonds .*
Richard Brandbrooke, aged fifty-five years, deposed that Welles said he would give his brother Benjamin Marshall more wages if he would live with him again and that Merchant Booship advised it; this was after the vessel was launched. Sworn in court.
Robert Crosse, sr., aged about fifty-five years, deposed. Sworn in court.
Marthy Low, aged about twenty-seven years, deposed concern- ing John Bare.
Sarah Marshal, aged about twenty years, deposed. Sworn, Nov. 21, 1668, before Daniel Denison .*
Sarah Story, aged about forty-eight years, deposed, Nov. 23, 1668, that Robert Cross, jr., lived near Goodman Wells a year and his dealings had always been just.
Thomas Wells further deposed that Stefen Cros said that the magistrates sat between the court at dinner drinking burnt sack and when they came into court they were "broshing," looking red as though they were "flustred," and acted as though they were all "fodeeled." To which his father replied that it was the fines they took that fed their fat sides, and the father said further that "I looked so bige and spack so sorlie" that he made the Court quake, etc. Sworn, Nov. 18, 1668, before Samuel Symonds .*
Ezekiel Woodward testified that he had known Wells seventeen or eighteen years and he had carried himself soberly and dis- creetly and without offence; and was reputed a civil, neighborly man in the place where he lived. Sarah Foster testified to his good conduct, having lived very near him. Sworn, Nov. 21, 1668, before Daniel Denison .*
John Bayer and Bengemmon Marshall testified that last April, coming down from the Falls with brother Welles, when they passed Goodman Brandbroock's, Welles wiped his feet upon some sheets that were hanging upon the rails, etc. Sworn in court.
Goodman Bryadbrooke deposed that he asked John Bayer "why did you dortie yo' Anttes sheet," but he said that Thomas Welles did it, whereupon deponent went to Welles and "axed him was this a requitall yt you gaue me for lenden you my Canew?" etc. Bayer mentioned his master Crose. Sworn in court.
Edmmon Marshall, aged twenty-three years, deposed that Wells said he had nothing against Benjamin and proffered friend- ship to them before deponent's father and mother. He wished to see Benjamin and asked to have him "Com & reckon with me but not before my wiffe for it is veric like shee would Rayele at him but you must Considor: shee is but a wooman & therfore not Come to the howse when I am not at home." Sworn in court.
Thomas Clungen, aged about twenty-four years, deposed that
* Autograph.
81
RECORDS AND FILES
1668]
Robert Cros, jr., was at his master's house and his dame asked him if he saw any miscarriage of her husband's and he said he had not, etc.
John Bayer deposed. Sworn in court.
Sarah Story deposed that Goodwife Brabruck said John Baer used language not fit to be spoken in a family, etc.
Mehitabell Brabrooke, aged about sixteen or seventeen years, deposed. Sworn, Nov. 19, 1668, before Samuel Symonds .*
Edmund Marshall, aged about seventy years, and his wife Melesent, aged sixty-seven years, deposed "As for my son Benjamen we neuer knew him giuen to Mallis or Reuenge in all oure liues: nor to spake reprochfully of Maggestrets or of any other: and as for Goodman Crosse we haue liued by him many years and neuer hard him spake ill of athoritie or against any Magistret, but as for oure Daughter Nahomie we doe think in oure verie harts that sartainely in her hart she hates her Brothers both Edmund and Benjamen though we spake it with greife of hart, for she would offen reuile Benjamen and call him Roge before our faces when we could neuer find what grounds she had so to do or hard anie cause he had giuen her in words or actions; and when we reproued her for it, she would face us doune it was false giuinge us the lye as it ware to oure faces, whare apon I tould her that I had bin in ye church of Salem 30 years and up- ward and neuer was so detected as your father and I am by you oure one child, whare apon she replyd againe to ous saying we might tell a hundred lies for all that and nare be knowne, for she could doe it, and being long sick and in ye opinion of most yt cam to visit me Judged I should neuer recouer, yet she could say in a reuileing way that I ded desemble, and fordther we atest that Thomas Wels did say in a threttning way that thare was somthing aworking that would tak afect not long after we hard of his acuessing of our son Benjamen to goodman Brag for thrett- ning his house should be burned and his Complant of him con- sarning our honored Major, which is matter of greatt grefe to us now in oure ould age, whether it be not out of a sperett of malistiousnes that Thomas wels should doe thus, we haue cause to think noe other, by reason of his words to his brother Edmund at my house one Saboth day: for coming in we aske him to eat with us, but Thomas wels answered noe for if I cant haue youre good will except I be a saruant to ye Deuill I care not: to the which his mother replyed and asked him whether he knew what he sayd: and he answered yea; because you perswad me to be at peace wt him whome I can haue noe peace with pointing to his brother Edmund; we asked why he said soe, he sayd he had committed noe sin in so doeing; this we are forst to spake wt greefe of hart, our conshance puts us apon it, ferdther when he Drew our daughter Sarah away from helping of me when I was.
* Autograph.
82
SALEM QUARTERLY COURT
[Nov.
Samuel Hunt, John Leigh, sr., and Joseph Leigh, complained of for breach of the peace, were fined and bound to good behavior. Samuel Hunt and John Burnum, sr., bound. John Leigh, sr., Joseph Leigh and John How bound .*
in destress and lame, for we sayd to him that he would undoe her but he sayd trouble not your selues I will provide for her, so that she is gon from us and left us desolate of help: and now can call her Brothers Edmund and Benjamen Roges at will." Sworn Nov. 19, 1668, before Samuel Symonds.t
Robert Crosse, sr., Steephen Crose and Bengemon Marshall deposed that the wife of Thomas Welles said after court in Mr. Giddnes kitchen that Edmond had witnessed falsely, etc. Sworn in court.
Edmund Marshall deposed that Welles said that although Stephen Crose was a turbalent fellow, he never heard him speak ill of authority, etc.
Thomas Bragg, aged about twenty years, deposed that Good- man Brabruck said at Chebaco that Welles was a very honest man, etc.
*Warrant, dated Nov. 2, 1668, to John Leigh, sr., and Joseph Leigh, "to be here before sune rising this morning because I must hasten to the genrall Court," on complaint of Samuel Hunt, who goes in fear of his life, and to witnesses Thomas Waite, jr., Samuel Younglove and Martha Gilbert; signed by Samuel Symonds,t for the court; served by Samuell Hunt, deputy for Theophilus Wilson,t constable of Ipswich.
Samuel Symondst referred the case to the Salem court.
Copy of record of selectmen's meeting, Apr. 11, 1667, appoint- ing Anthony Potter to keep a flock of sheep in town from Apr. 12 till the middle of November, at 7s. per week, he to have his big- gest boy always following them and carefully to lodge them. Also agreement on Mar. 24, 1667-8, to keep the flock, allowing him 16s. more for his other boy a month. Copies made, Nov. 2, 1668, by Robert Lord,t cleric.
Anthony Potter, aged about forty years, deposed that among the sheep were some of John Leigh's, who desired to fold them on his land, and deponent ordered his son to take them there at night. Samuel Hunt had asked for them to lodge before, but did not mention any particular time. Sworn, Nov. 12, 1668, before Daniel Denison.t
Nathaniel Russ, aged about twenty-eight years, deposed that Joseph Leigh told Samuel Hunt that he would agree to the decis- ion of two indifferent men or magistrates, but he said he was not such a fool. Sworn, Nov. 24, 1668, before Samuel Symonds.t
tAutograph.
83
RECORDS AND FILES
1668]
Liddia Burnam,* aged about twenty-four years, testified that when young John Lee and Goodman Hunt were "wording it" about the sheep, Joseph Lee came up the lane to said Hunt with a club in his hand as large as a swingle, and told him to stand aside or he would knock him down. Hunt said he had as good a right there as he and took Lee by the collar, and tripped up his heels. Thomas Waite, jr., testified the same. Sworn, Nov. 23, 1668, before Samuel Symonds .*
Thomas Knoulten, aged about twenty-seven years, deposed that he told Hunt that he heard he had pulled the hair from Joseph Leigh's head, which Hunt owned, and said had it not been for the old man, he would have pulled them all out. Sworn, Nov. 23, 1668, before Daniel Denison .*
Martha Gilbert deposed that she saw the fight, and when Hunt had Joseph Lea down, old Goodman Lea came up with a pitch- fork which had but one tine, and struck Hunt two blows. Had young John Lea not interfered, he would have killed Hunt, and she saw the blood run down Hunt's head. Sworn, Nov. 23, 1668, before Samuel Symonds .*
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