USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 14
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William Doule, aged about thirty-two years, and John Everet, aged about twenty-six years, deposed that Mr. Henery Lenard was living at the Iron works in Rowly Villag and had ten cords of wood that lay in such a place that it could not be coaled, but he said he was to cart it to some more convenient place. He disappointed the wheeler by not carting it and had it carried home to burn. Sworn in court.
Robert Baites deposed that Mr. Leonard said it was a pretty honest load when said Ambross filled the cart, etc. Sworn in court.
John Putnam aged forty-four years, deposed. Sworn in court. Samuell Lenord and Nathanill Lenord deposed. Sworn in court.
* Autograph.
132
IPSWICH QUARTERLY COURT
[Mar.
Wm. Cogswell v. Samuell Morgan. Verdict for plaintiff .*
Wm. Hollingworth, attorney to Richard Parker of London v. John Chickly of Boston. Forfeiture of a bond. There being no power in the letter of attorney to make another attorney, and said Hollingworth not being present, the case was nonsuited.
Roburt Lord and James Hanscombe deposed that Henry Leonard asked them to go into the woods where Ramsdell had coaled the year before, and they found a great many brands at several pits, and at every pit some wood left. Also they saw several rancks of wood left standing that were not coaled and one piece of coals left, in all about a load of them. There may be half a cord of wood left at a pit and one whole pit left standing in the woods not set nor coaled. They judged there might be in all between thirty and forty cords. Sworn in court. Copy made by Robert Lord.t
Robart Bats deposed that he worked on the carts seven weeks, etc. Sworn in court.
John Goold deposed that he was present when Mr. Leonard's clerk, James Hanscom, reckoned with Mackfashon, and there was due to the latter about 43li. Sworn in court.
Thomas Wenmar testified. Sworn in court.
Edmond Bridges deposed that Mackfation sold him a small part of a pit that he had coaled, about a load or two, for two quarts of cider. Sworn in court.
Edmond Bridges, jr., and John Gould deposed that Leonard said they had coaled all his wood except some that stood in water and some that was in rocks whence it could not be wheeled. Sworn in court.
Samuell and Nathaniell Leonard deposed. Sworn in court.
John How deposed. Sworn in court.
James Hanscombe deposed that Leonard complained that the loads were small, etc. Sworn in court.
John Everard deposed that Leonard said to bring in better loads with fewer brands. Sworn in court.
* James White, aged thirty years, testified that he was at work for Mr. Cogswell sawing timber for staves and Samll. Morgan came to look at a parcel of staves that Cogswell had promised him. Morgan said that they were very good staves and if the rest were like those, he would take them without culling them. As they came homeward Cogswell showed him other staves and heading which Morgan liked better than those he had at first seen, about 7,000 in all. The price was 40s. per thousand then and several years before at Chebacco river. Sworn, Mar. 25, 1673, in Ipswich court.
¡ Autograph.
133
RECORDS AND FILES
1673]
Anthony Carrell v. Thomas Baker. Review. Verdict for defendant .*
*Writ: Anthony Carrill v. Thomas Baker; review of a case tried at Ipswich court, concerning the title of land which Baker pretended he bought of Carrill, on the south side of Ipswich river; dated 20 :1:1672-3; signed by John Redington,{ for the court; and served by John Hovey,t constable of Topsfield.
Copy of the papers in a similar action in Sept., 1669, taken from Ipswich court records by Robert Lord,t cleric.
Copy of deed, dated Jan. 26, 1663, from Anthony (his mark) Carroll of Topsfield, tailor, to Thomas Baker of Topsfield, hus bandman, all right in the common belonging to the land which I bought of Zacheous Gould in Topsfield, on the south side of Ipswich river. Wit: John Perly and John Gould. Recorded Sept. 8, 1669, by Robert Lord,t recorder.
Copy of the record of a town meeting, 14 : 10 : 1661, made 24 : 7 : 1669, by John Redington,t clerk: "The names of the Commoners yt shall share in it," Mr. Endecoate, Mr. Bradstreet, Mr. Perkins, Zacheas Gould, Mr. Baker, Thomas Dorman, Fran- ces Pebodie, Wille Evens, Daniell Clarke, Isack Cumings, sr., Isack Cumings, jr., Ensigne Howlet, William Smith, Frances Bates, John Wiles, John Redington, Tho. Perkins, Jacob Towne, Isack Estye, William Towne, Edmond Towne, Matthew Standly, Tho. Browning, Anthony Carell, John How, Edmond Bredges, Wille Nichols, Uselton's lot, Lumpkins farm, and Robert Andrews land.
"It is also ordered that all the Commonares in the towne shale haue a share In the Comon on the other side of the Riuer with the timber which is to be deuided acording to the Rule as is here expresed namli all those which pay to the ministers Rate made in the yeare 1664 fifte shilings and upward shal haue on of the grater shars and all under fiftie shilings to twenti shall haue a midel share and all under twenti shilings on of the least shares Voted." Copy made from the town records of Topsfield, Mar. 20, 1672-3, by Frances Pabody.t
Wm. Averill, collector of rates, certified, Sept. 20, 1669, that on Nov. 12, 1664, Anthony Carrall was rated 11s. 1 1-2d. for the minister's rate. Copy made, Mar. 26, 1673, by Robert Lord,t cleric.
Copy of deed, dated May 21, 1663, Anthony (his mark) Carrell of Topsfeld and wife Katerane, in consideration of ten acres in Ipswich lying near the river commonly called Egept river, with house and barn, to Luke Waklinge of Topsfeld, 20 acres in Topsfilld, bounded on the southwest upon land of Francis Battes, northwest upon a swamp, northeast upon Topsfeld com- + Autograph.
134
IPSWICH QUARTERLY COURT
[Mar.
mon, southeast by a highway, reserving that part of common belonging to this land. "but before the sineng and sealle it was parsaiued that that was halfe the madow whish was bought of goodman Gould ometed the saied Antony saling it with the other land to luke wakling." Wit: Philip Nellson and Robert (his mark) Smeth. Copy made by John How .*
John Gould deposed that he was one of the men appointed to lay out the land on the south side of Ipswich river, and they laid out to every man as was ordered in the town book according to the house lots and the grant of the town in 1661. They did not know of any land that was granted to John Juat by Topsfeild. Lt. Pebody testified to the same. Sworn in court.
Sarah Gould testified that Antony Carell was at their house discoursing about the land and said that he would never hinder Thomas Baker from his share for he paid dear enough for it. Sworn in court.
John How testified that Goodman Comins desired that there might be a share laid out to his son John Juet's lot, and it was denied him. Sworn in court.
William Smith deposed that Anthony Carrell told him that he had sold all his right to Thomas Baker for 30s. and that the lot layers might do what they would, he had nothing to do with that, and he advised deponent to sell his share, for, he said, de- ponent had better get a little than nothing, for he was confident that it would never be divided. Sworn in court.
John Baker, jr., deposed that he heard his brother Thomas demand the lot and Carrell refused to deliver it. Sworn in court.
Abraham Redington, aged fifty-eight years, deposed that at a lawful town meeting at Topsfield, there being some agitation about common land, they agreed to establish the common land upon the present inhabitants and thereupon recorded it. No man objected to it but Goodman Dorman, who said "shal that poore man goodman Carreell Com to you Cape in hand for com- an, And theer was none granted to that land." Sworn in court.
John Cummings, aged forty years, deposed. Sworn in court.
Daniell Blacke deposed that being an inhabitant of Topsfeild in the year 1661, etc. Sworn in court.
John Willed testified that he was one of those appointed to lay out the land and they laid out a share for Antony Carell by virtue of living in the house that he had sold to Luke Wakle, which he bought of old Goodman Gould, etc. Sworn in court.
Isaacke Cumings, aged seventy-two years, deposed. Sworn in court.
John How testified that the land that Lucke Waklen now lives upon is the land, etc. Sworn in court.
Evan Morris deposed that there was no house upon that land
* Autograph.
135
RECORDS AND FILES
1673]
Robert Lord, by order of the selectmen of Ipswich, in behalf of the town v. Thomas Wood. Trespass. Nonsuited.
John Godfry v. Abraham Whitaker. Debt. Verdict for plaintiff.
Thomas Bishop v. Francis Wainwright and Samuell Young- love, administrators of the estate of Cornelious Kent. Verdict for plaintiff. The administrators were discharged .*
which Anthony Carrill bought of Zecheos Gold, when said Carrill bought the lot where Luk Waklin lives.
John How deposed that the lots given on the south side of the river were denied to some who had not improved their lands at that time. Sworn in court.
*Thomas Bishop v. Francis Wainwright and Samuell Young- love, sr., joint administrators of the estate of Cornelius Kent; for refusing or not paying the remainder of a debt due for rent of a farm, which was to be paid by Feb. 1, 1671; dated Mar. 20, 1672-3; signed by Robert Lord,t for the court; and served by Theophilus Wilson,¡ constable of Ipswich.
Nathanell Rustt of Ipswich, certified, Mar. 21, 1672-3, that he was satisfied by Samuell Younglof for the debt Cornalous Kent owed him.
James Ford deposed that there were but three yearlings ap- praised in the inventory and there were four carried away by Jacob Perkins, which he supposed was by his father's order. Also that Cornelius Kent carried away 130 rails from the farm and 20 five-hole posts contrary to agreement with Thomas Bishop. Sworn in court.
Thomas Knoulton testified that before Cornelius Kent was buried, he told Younglove that he owed Kent for a bushel and a half of Indian corn, which said Younglove desired him to dis- count with him for so much as the latter owed deponent. After- wards Mr. Wainwright demanded the same debt. Sworn in court.
James Ford deposed that he was at Goodman Younglove's house the day Kent died, and said that he supposed Kent owed the greatest debt to Thomas Bishop, etc. Sworn in court.
John Pinder, aged about forty-two years, deposed that he heard Thomas Bishop ask Samuell Younglove, sr. why he did not put his debt that Cornelius Kent owed him into the inventory, and he answered because he thought said Bishop would put it in, etc. Sworn in court.
Edward Neland deposed that he told Younglove that Kent owed Bishop seven or eight pounds for the rent of the farm. This was before the inventory was proved. Sworn in court.
t Autograph.
136
IPSWICH QUARTERLY COURT
[Mar.
Receipts of Henery Archer,* John Brewer,* Thomas Knoul- ton,* John (his mark) Choate, Samll. (his mark) Pod, James (his mark) Sawyer, Wmn. (his mark) Damford, Darkis (her mark) Pettis, Killicress (his mark) Ross, William Goodhue,* Elesebeth Solart,* Tho. Clarke, sr.,* William Hayward,* Elizabeth (her mark) Newman, Jno. (his mark) Ring, John Dane* and William (his mark) Benit, for debts due from the estate.
Agreement, dated Mar. 13, 1670-1, between Cornelius (his mark) Kent and Thomas Bishop, the latter, with consent of his mother, let said Kent the farm where he now lives from Apr. 16, 1671 to Apr. 16, 1672, rent of 23li. 10s. to be paid at the now dwelling house of Margaret Bishop in Ipswich, in wheat, barley, Indian corn, pork, butter and cheese. Wit: Tho. Andrews* and Killecrist (his mark) Rosse. It was further agreed that Kent was to have four oxen, to be returned in good condition, but if he lent them, abused them for want of fodder or in any other way, he was to make them good. Also that he was not to carry away any of the hay nor sell it to any other. Thomas Bishop's* receipt for 16li. 11s. 6d. of the amount due.
William Durgye testified that the administrators carried away four yearlings when there were but three in the inventory and an ax was not included in the inventory. Sworn in court.
Cornelius Kent, Dr., to Samuel Younglove, sr., £12; Decon Goodhue, £3. 10s .; Goody Solart, £1. 6s. 4d .; Dorracas Pettis, £2. 15s .; Deacon Knowlton, £1. 12s. 10s .; Goodman Archer, £1. 5s. 4d .; Goodman Rawse, 15s .; Goodman Danford, 15s .; Goodman Podd, £1. 15s .; Mr. Newman, £1. 10s .; Goodman Ring, 6s .; Goodman Choat, 15s .; Goodman Rust, 3s .; Good- man Howard, 8s .; Goodman Bennet, 6s .; Goodman Dane, 9s .; Goodman Sayer, 10s .; Fran. Wainwright, £8. 13s. 10d .; Mr. Wilson, 13s. 9d .; Seargt. Clark, 8s .; John Brewer, 5s .; Richard Swan, £1; administration charges, £1; to Nathaniel Brown and Wm. Durgy, for appraisement, 8s .; balance remaining, Mar. 26, 1673, £1. 15s. 9d .; total, £45. 15s. 10d.
Creditor, by the inventory, 4 Swine, £4; 3 yearlings, £3, 19s .; 3 Cows, £13; 1 heifer, £2. 10s .; 1 Iron harrow, 14s .; 3 Tubbs & a churn, 12s. 6d .; 1 chair, 2s. & 1 trammell, 5s. 6d .; 1 messing Tubb, 8s .; 1 bedsteed, 14s .; Linen & a green Apron, £1; 1 Jacket, wascoat & pair of Breeches, £2. 12s .; 1 par. bandileers, 2s. 6d .; clothes of his wife's & Drawers, £1; 1 rugg & blankett, 30s., & bed & sheet, 10s .; 2 chaires, 4s. 6d .; 1 chest & box, 8s. 6d., 1 pott, 11s .; 1 shirt, Ss .; 1 how, 8s .; 1 pair breeches, 5s .; 1 old Jackett, 3s .; 3 barrells, 6s .; 1 Shirt & neckcloth, £1; 1 yard of cotton cloth, 2s .; 1 woollen wheel, 4s .; 1 little table, 4s .; Shore- born Wilson Indebted, £1. 10s .; 1 musket, £1. 4s .; 1 horse, £5 .; total, £44, 9s. 6d. For one yearling more then was in inventory, 1li. 6s. 4d.
* Autograph.
137
RECORDS AND FILES
1673]
Thomas Knowlton v. John West. Verdict for plaintiff .*
Samuell Bishop and Margaret Bishop, executors of the estate of Thomas Bishop v. John Tod. Verdict for defendant. t
Mr. Francis Wainwright v. John Griffing. Debt. Withdrawn.} Mr. Francis Wainwright v. Wm. Nellson. Debt. Verdict for plaintiff. Damages in wheat, barley and pork.
Mr. Francis Wainwright, assignee of Tho. Harris, executor of the estate of Margret Lake v. Joseph Leigh. Debt. Defend-
Copy of the inventory of Cornelious Kent made by Robert Lord,§ cleric.
*Writ: Thomas Knolton v. John West; for the said West at Salem court in June, 1669, obtaining judgment against said Knolton and levying an execution, notwithstanding that said Knolton was ready to pay the said West according to covenant long before the suit began, etc .; dated Mar. 18, 1672; signed by Daniel Denison,§ for the court; and served by Henry Skerry, § marshal of Salem. Bond of John (his mark) West.
Thomas Wells deposed that he hired William and Samuell Knoulton to saw several hundred oak planks. The stuff was provided for them, and when they entered upon the work they spoiled much and acknowledged that they could not do the work. Sworn in court.
¡ Writ: Margret Bishop, executrix of her late husband Thomas Bishop's estate and Samuell Bishop v. John Tod; for not paying his part of 130li. as appeared by bond wherein said Thomas Bishop and John Tod were engaged jointly and severally to Mr. Edward Rawson; dated Mar. 20, 1672; signed by Robert Lord,§ for the court; and served by John Johnson,§ constable of Rowley, by attachment of cattle and land in the northeast field.
Bond, dated Sept. 27, 1670, Thomas Bishop || and Jno. Tod| to Edward Rawson, attorney to Mr. Jno. Knoules of London, minister of the Gospel, from the beginning of 1668, by bill of exchange from Rich. Saltonstall, Esq., in merchantable fish, for 130 pounds in money; the conditions were that they pay said Rawson in Boston the 130li. either in Muscavadoes sugar or in New England silver. Wit: Moses Noyes§ and Abraham Bus- by.§ Edward Rawson's§ receipt, Apr. 15, 1671, to Mr. John Hubbard in behalf of Mr. Wm. Hubbard, his father, for 50li. in silver in part payment, also another in June for 80li.
# Letter of attorney, dated Mar. 24, 1672-3, from John Griffing || of Bradford to his uncle - - Clark of Haverhill. Wit: Andrew Greleg and Robert Clement.§ Acknowledged, Mar. 21, 1672-3, before Nath. Saltonstall,§ commissioner.
§ Autograph.
|| Autograph and seal.
138
IPSWICH QUARTERLY COURT
[Mar.
ant acknowledged judgment to Mr. Wainwright, to be paid in malt, pork and Indian corn.
Richard Rowland v. Thomas Powell. Defamation. With- drawn.
John Morrill v. Peeter Rogers. Debt. Verdict for plaintiff.
John Wild acknowledged judgment to Mr. Francis Wainwright, to be paid in wheat, barley, pork or bar iron at 20s. per hundred.
John Ayres of Haverill acknowledged judgment to Mr. Francis Wainwright.
Edward Clarke of Haverill, attorney to John Griffing, ac- knowledged judgment to Mr. Francis Wainwright.
John Kelum acknowledged judgment to Mr. Edmond Batter.
Thomas Hobbs acknowledged judgment to Mr. Symon Brad- street, to be paid in his house and land.
Sarah Warr declared that she had put her son Josiah to Ens. John Gould until he came to the age of twenty-one, and the court approved of it.
Ezekiell Woodward was licensed to keep ordinary at Wenham for a year, also to draw liquors for a year.
Thomas Judkins had his license renewed for a year, also his license to draw liquors for a year.
Mr. Peeter Duncan was licensed to keep ordinary in Gloster for a year, also his license to still and draw liquors was renewed, provided he let not any townsmen drink liquors in his house.
Hugh Marsh had his license renewed for a year, also his li- cense to draw liquors.
Evan Morice was released from training, paying 3s. yearly to the use of the company, if the company of Topsfield required it.
John Newmarsh was released from training, paying 6s. a year. John Newman was released from training, paying 5s. a year.
Thomas Knowlton, for taking a sack of meal out of the mill, was sentenced to pay treble damages .*
*Samuel Hunt and Elizabeth, his wife, testified that they went down one night to Nathanil Browne's house, passing by Goodman Younglove's orchard until they came to the corner where they turned off to the house. They were thinking of nobody much less Thomas Knoulton, but turning by the corner post of the house, there stood a person leaning against the house
139
RECORDS AND FILES
1673]
The town of Topsfield was fined for not providing a stock of powder and bullets, and was ordered to provide it within a month upon penalty of 5li.
Symon and Sam, Indians, for stealing an Englishman's horse and riding much to the damage of the owner, were to be whipped and pay 5li. to Samuell Gyls.
Robert Crose, presented from Salem, for excessive drinking and breach of the peace, was fined.
Susan Jordon dying intestate, court granted administration upon the estate to Abell Merrill, her youngest son.
Wm. Geare dying intestate, administration of the estate was granted to Triphany Geare, relict, and the ordering of the estate is recorded with the inventory.
Mr. Antipas Newman of Wenham dying intestate, adminis- tration upon his estate was granted to Mrs. Elizabeth Newman, relict.
Mr. Baker had his license renewed for a year and also his license for liquors.
close to the windows. They saw it was Thomas Knowlton, and deponent asked him if the man was at prayers and his wife asked if he was in bed. Knowlton answered no and went away. Then they went in and there was Shore Willson and Joseph Lee in the house but Goodman Willson presently went out. Sworn in court.
Freegrace Norton testified that the mill was broken open and a bag of Deacon Goodhue's with about a bushel and a half of meal was taken out of the mill. The bag was found in Thomas Knowlton's hand about five weeks later. Deponent did not know of any corn said Knowlton ground, but since that time upon information of Edward Chapman, who ground in depon- ent's place when he was absent, and nobody else ground for him, said Knowlton had had about half a bushel per week ground. Sworn in court.
Samuell Hires, sr. and Samuell Hires, jr., deposed that Samuel Younglove, jr., came to their house about ten days ago and spoke about the difference between himself and Knolton. Good- man Hires said that he had examined the boy Joseph and he stood to maintain the words with which Knolton had charged said Yonglove, namely, the divil, imp, hell hound and a limb of the divil. Younglove said, "what if I did say soe, the words were common words and frequent words and any Body might say so."
140
IPSWICH QUARTERLY COURT
[Mar.
Edward Hassen had his license renewed for a year, also his license to draw liquors.
John Stone of Beverly was licensed to keep ordinary for a year, also to sell liquors.
Francis Wainwright had his license renewed for a year.
Samuell Bishop had his license renewed for a year.
John Acie and Jonathan Platts surrendered a deed to Mrs. Prudence Crosbie, which deed Mr. Anthony Crosbie made to them, dated Feb. 14. 1665 and recorded Oct. 6, 1666.
John Thomas, for attempting the chastity of Elizabeth Bassett and running away from his master, Mr. Daniell Epps, was fined and was to be imprisoned until the fine be paid. He engaged to serve his master Epps a year and a half after his time is out, whereby his master paid the fine to free him from prison.
Ens. John Gould had his license renewed for a year.
Wm. Dodge, for abuse in John Soolart's house concerning Lewis Lapford, was ordered to be whipped or pay 4li. in money.
The constable of Wenham made return of the goods of Abra- ham Martin that he had seized, and court ordered the treasurer to take 10li.
There being a verbal will presented to this court of Thomas Whitridge, deceased, court granted administration of the estate to Samuell Morgan and Richard Norman.
Ruth White, relict of Thomas White of Wenham, having administration granted her at Salem court, Ens. Tho. Fiske and Walter Fairefield were appointed to examine the debts, and such as were clear to be allowed, and such as were doubtful to present to the court at Salem. No debts were to be paid until the whole estate was proportioned.
Francis Plumer dying intestate, administration upon the estate was granted to his son Samuell, who gave bond for 500li., with Wm. Sawyer as surety.
Mrs. Prudence Crosbie, administratrix of the estate of her late husband Mr. Anthony Crosbie, brought in an inventory amounting to 380li. clear estate. There being three children left, court ordered the estate as follows: to the widow, 180li., to the eldest son, 100li., and to the other two children 50li. each, the children's portions to be paid out of the land at the age of twenty-one years.
Administration having been formerly granted of the estate
141
RECORDS AND FILES
1673]
of Benjamin Gage to Prudence, relict of said Gage, she brought in an inventory amounting to 170li. clear estate, and there being one child left, court ordered as follows: to the widow 90li. and to the child 80li., 60li. of it to be paid out of the land at the age of twenty-one years, as it was valued in the inventory. In case the widow married, she was to give security for the payment of the other 20li., she to have the use of the estate until he become of age.
There being a fine of 5li. set by this court upon the town of Topsfield for not providing a stock of powder and am- munition, court ordered that said town pay 50s. to Ens. Jo. Gould for his loss by the escape of a prisoner that broke prison at Salem.
John Clarke complained against John Chubb for abusing his servant, striking him on the Lord's day in the meeting house.
Frances Thurlay, presented for striking his brother Thomas Thurlay and flinging stones at him, one of which hit him, was fined.
Peeter Leycros, Jonas Gregry and Symon Wood, for stealing and receiving five gallons of wine from Mr. Hubberd, were or- dered to pay 5li .*
*Examination of Peter Le Cras taken Jan. 10, 1772, before Daniel Denisont: that last Monday night he carried a gallon bottle of wine, which he drew in his mistress' cellar, to the house of Jonas Gregory, that the bottle was Gregory's, and the wine was drunk by the company, Gregory, Nath. Emerson, Arthur Abbot and a negro; that he sold to Simon Wood one gallon of wine which he took out of his mistress' cellar, also three gallons more which was drunk by said Wood, who was there three times, also Nath. Emerson three and Rich. Pasmore once; that he did not tell Gregory where he got the wine; that Simon Wood prom- ised him a bushel of pease or malt for the gallon of wine he had and that he knew where he took the wine and advised him to get it and carry it to Gregory's because it was a private house that he also carried a gallon bottle with about a pottle of wine in it to Sarah Roes, in all about five and a half gallons, within a month; also within a month he took an ax from Goodman Woodward's yard which he sold to Wood for 4s., which is not paid, and which Wood sold to Gregory for a bushel of pease or malt; also about two months ago he had a glass bottle full of wine out of his master's cellar which he put in his chest where
t Autograph.
142
IPSWICH QUARTERLY COURT
[Mar.
Peeter Leycros and Symon Wood, for stealing one gallon of wine from Mr. Wm. Hubbard, were ordered to pay him 20s .*
Peeter Leycros, for stealing three quarts, was fined .*
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