USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 15
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it was found; also he confessed that about a week ago he took a sheep of his mistress' and sold it to Joseph Leigh; also that said Gregory asked him to get a quart of wine to go with him to Quar- termaster Perkins' Island.
Richard Pasmore deposed that Peter said he could get wine when he would. Sworn, Jan. 10, 1672, before Daniel Deni- son.t
Examination of Simon Wood, taken Jan. 10, 1672, before Daniel Denisont: that Peter brought the first wine in a stone bottle and denied that he encouraged him to steal.
Simon Tompson bound for Simon Wood, and Mr. Willm. Hubberd for Peter le Cras, and they were committed to prison.
Examination of Jonas Gregory, taken Jan. 10, 1672, before Daniel Denisont: that he thought Crass and Wood had bought the wine at Mr. Baker's because Peter had money given him by gentlemen who came to his mistress; that he gave some wine to some maids who came over the river in the evening to his house, and also gave Thomas Burnum who was there at work a cup of wine; that Wood told him he found the ax in the way.
Thomas Burnam, jr., and Thomas Wayte jr., testified that a little before Thanksgiving they saw Peter Cras and Simon Wood catching a sheep in Mr. Hubbert's lot and Thomas Knolton saw him with a sheep on the backside of Goodman Hovey's house. Sworn before Daniel Denison.t
Nathaniel Emerson, Richard Pasmore and Thomas Atwood were ordered by Daniel Denison, Jan. 10, 1672, to appear at the next Ipswich court concerning drinking wine at Gregory's.
Thomas Knolten deposed that being at Jonas Gregory's, he went up into his chamber with him and saw three or four sheep skins. Deponent asked if he killed them and he said yes, the Lord gave him good things and gave him a heart to make good use of them. Deponent took one of them in his hand and there were flakes of fat upon it as broad as his hand, and when he told Gregory that it was badly flayed, he said he believed it was the fattest wether that was killed in town and said it had a dozen pounds of tallow. Sworn in court.
Nathaniell Browne and Judeth, his wife, were at Gregory's house one night when Gregory spoke about his wife's spinning and knitting some stockings for him and asked them to go up into the chamber with him to look at some wool, etc. Sworn in court.
Joseph Leight testified concerning the sheep. Sworn in court.
* See foot-note on page 141, marked * t Autograph. .
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RECORDS AND FILES
1673]
Peeter Leycros and Jonas Gregory, for stealing a sheep sold to Joseph Leigh, were to pay Mr. Hubberd 20s .*
Peete Leycros, Symon Wood and Jonas Gregory, for stealing and receiving an ax, were fined, and the ax was to be returned .*
Jonas Gregory, for stealing a fat wether from Mr. Hubberd, was fined .*
Jonas Gregory, for entertaining other men's servants and children, was fined 5li .*
Peeter Leycros, Jonas Gregory and Symon Wood, for theft, were sentenced to be whipped or pay fines .*
Nathaniell Emerson, for being in company with Peeter Cros and others at Jonas Gregoryes and drinking part of stolen wine, was admonished .*
Richard Pasmore, for a like offence, was punished .*
John Leigh, complained of for unlawful familiarity with Sarah Row, was sentenced for his great offence to be severely whipped, to pay a fine of 5li., to be bound to good behavior, and not to come in company with Sarah Row .¡
¡Judith, wife of Nath. Browne, testified that many times the past summer Joseph Leigh and Sarah Roe had been together at her house three or four hours at a time, until her husband no- ticing their intimacy warned them from the house. They would have the outer door shut and the latch pulled in and sometimes would withdraw into an inner room. Once deponent asked Sarah to stay to look after the children until she returned and she said she would not unless John Leigh would. They had witnessed much improper conduct between them. Once James Fuller came into the house when she was sitting in his lap and their discourse was nasty and filthy. Sworn, Feb. 3, 1672, before Daniel Denison.į
Mary Wilson, aged about twenty-two years, deposed that she had occasion to call at Sarah Roes' house, and seeing somebody in bed, asked if her husband were at home and she said that he was at sea. Deponent went away with Grace Hogskins and another, etc. Sworn before Daniel Denison .¿
Grace Hogskins, aged about twenty years, deposed that Leigh had left his team at Sarah's house from morning till noon until she told him folks wondered why he did it. Sworn before Daniel Denison.#
Hannah Berry testified that she had seen Betty Woodward in the house with them. Sworn, Feb. 2, 1672, before Daniel Denison.#
* See foot-note on page 141, marked *
# Autograph.
144
IPSWICH QUARTERLY COURT
[Mar.
John Kenricke and James Chute testified that one night com- ing out of Goodman Piper's with Goodwife Berry, they saw Sarah meet Leigh and following them to Sarah's house where there was no light, heard them talking together. Sarah and John were also at John Frinck's house when Nath. Roper was there and they went away together between nine and ten o'clock at night, etc. She told them at Goodman Piper's that she could not tarry for Sarah Buckley and her sister Esther had come to see her. Sworn, Feb. 2, 1672, before Daniel Denison .*
James Chute testified that Sarah and John were at Frinck's house, when some one said that Wm. Roe was coming and was at the neck. Soon after somebody knocked at the door, and John Leigh ran up into the chamber. It was Goodman Kenricke. Soon after Sarah lighted a pipe of tobacco and went up to Leigh, etc. Sworn, Feb. 3, 1672, before Daniel Denison .*
Mary Frinck deposed that James Chute and she went out to the neighbors, she going to Goodwife Tayler's, and returning home together found John and Sarah in the house, etc. Sworn before Daniel Denison .*
James Sawyer and his wife deposed. Sworn, Feb. 3, 1672, before Daniel Denison .*
Nathaniel Roper deposed that when Sarah Roe lived at Buck- leyes house, etc. Sworn before Daniel Denison .*
Thomas Newmarsh deposed that he, John Sinnett and Josiah Clerk went one evening to Sarah Roe's house, where they found Mary Score persuading Sarah to lie with her that night because she could not stay with Mary Frincke on account of illness of Goodwife Piper, so Mary went away. Upon entering the house, Sarah went into another room upon pretence of getting oil for the lamp and they heard her whispering with someone. Later when they went out, they saw a man at the end of the house, and then they went into Goodman Berryes, which was the next house. While they were there, Sarah Roe came in, took up a coal and carried it away with her. The next day, said Sinnet meeting her, bade her leave her tricks or she would come to the gallows. Sworn Feb. 12, 1672, before Daniel Denison .*
Sarah Roe's defence: that she was guilty of wanton and idle dalliance to her shame and sorrow; that she never heard of such words as they attributed to her; that she had but one witness whereas in some cases three are necessary to prove one guilty, referring to Deut. 19 : 15, etc.
Nathaniell Rust, aged thirty-three years, deposed that he had heard Sarah and John often speaking of their love for one another, since said Sarah married. Sworn in court.
Judeth Browne deposed. Sworn in court.
Sarah Bulkly, aged between sixteen and seventeen years, deposed that she never knew Sarah until she married W. Roe;
* Autograph.
145
RECORDS AND FILES
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that Roe and his wife did not agree; that Leigh came to see her at Rust's house often and once when Rust and his wife went out to Joseph Giddings' wife when the latter was sick; that she saw no uncivil carriages, etc. Sworn, Jan. 31, 1672, before Samuel Symonds .*
James Burnum, aged twenty years, deposed concerning their . meeting in Leigh's meadow after Sarah had been gathering gooseberries, etc. Sworn in court.
Sameul Hunt deposed concerning Sarah's unhappiness after she had married Roe. Sworn in court.
Jno. Leigh's answer to a complaint made against him by Will. Row, for unlawful familiarity with his wife: that the woman was a near neighbor to him for many years while she lived at Mr. Hubberd's and he knew her well and "it may be as some have supposed had some thoughts of matching with her, but provi- dence ordering things otherwise;" that he had exceeded the bounds of prudence and when there were reports abroad, he tried to avoid her, and when he did meet her accidentally there were those who would say that it was planned; that Roe and his wife were not happy on account of the differences in dis- position and their manner of coming together, brought about through the incessant persuasions of her friends, directly con- trary to her own inclinations; that he had tried to reconcile them and Will. Row often invited him to his house, but the stories spread and Row resolved to quit the place and finally to desert her; that the stories circulated have been such as far better men than he would find it hard to controvert, being imaginary and circumstantial; that he never violated her chastity, etc.
Jacob Benitt, aged about twenty-one years, deposed that at Goodman Woodward's house, Sarah, who lived there, talked with Leigh an hour, then came in to the fireroom and lighted a pipe which she said was a friend's pipe which she would not take 5s. for. Deponent mistrusting that Leigh was in the leanto pulled down an ovenlid where there had been an oven and looked into the room where he heard talking. Also at another time, at night she asked deponent to go out with her but he would not. Her husband went a little while before her over to Goodman Rust's because all the time he was at home that night Sarah was "a Jeering & Laughing at him and makeing games at him, and about 1 or 2 of the clocke she Came home & I asked wher she had bene a goshoping this time of night and she said she had been abroad among her fellow seruants, at her Masters Hubberts." Sworn, Jan. 25, 1672, before Daniel Denison .*
Robert Duch, sr., deposed concerning what his daughter Mary Corse, now deceased, told him that Mary Willson saw in Rowe's house, etc. Sworn, Feb. 26, 1672, before Daniel Denison .*
Mr. William Hubberd deposed that having known Sarah Roe
* Autograph.
146
IPSWICH QUARTERLY COURT
[Mar.
from childhood, he knew more about her than many others, and affirmed that neither he nor his wife approved of her marriage, foreseeing what has come to pass, and for the first three or four months she carried herself very well, until she returned from the Isles of Shoals, where her husband by his jealousy pro- voked her and she manifested much adversion toward him. He further declared that her trouble proceeded wholly from her husband and not through John Leigh, etc. Edward Nealand mentioned.
Nath. Browne and wife Judith deposed. Sworn in court.
Joseph Jacob, aged about seventeen years, servant to Nath. Rust, deposed that one day when his master and dame were abroad, Sarah Roe was at their house, and later he heard a noise in a little dark chamber. Going to see who was there, he met their maid, Sarah Buckley, who told him not to go up for 100li., etc. Sworn, Jan. 25, 1672, before Daniel Denison .*
Thomas Knolton and Hannah, his wife, deposed that about Jan. 14, last, Sarah and John were at their house, when the latter offered Sarah an apple and lent her his knife, saying "Goe feed your husband daintily with that knife." She answered, "take the knife & cut his throat oh sd John you make my heart Tremble to say soe, Then Sarah Roe Replyed againe and sd shee hated Will Like a Toade," etc. Sworn, Feb. 7, 1672, before Daniel Denison .*
John Chub, aged twenty years, deposed that last fall as he was going by Ezekiel Woodward's house by the river side at about ten o'clock at night, etc. Also another night about eleven o'clock deponent "was speaking with Sarah Buckle in her m" Russ his cowyard, Thomas Brag staying for me not far of, the sd sarah Roe passed by us toward the end of the Lane and Sarah Buckley followed her and as Thomas Brag told this deponent he heard the sayd Roe say to Sarah Buckley why doe you not send that fellow away or || I wish you could || send that fellow away meaning my selfe & sd the other was better. they soon returned and sarah Buckley went to milking and Sarah Row turned the end of the barne, & imediately I looked after her and could not see her so I concluded she went into the barne at the Leanto dore, I went presently downe towards Goodman Russe's house & looking backe I saw a man standing wthin the Leanto dore which I did judg to be John Leigh." Sworn, Feb. 3, 1672, before Daniel Denison .*
John Benett deposed concerning meeting with Tho. Mentor who told about Leigh and Sarah being together the Monday before said Sarah's child died. Sworn, Jan. 25, 1672, before Daniel Denison .*
James Fuller deposed concerning seeing them at Hartbrak hill, etc. Sworn, Feb. 25, 1672, before Daniel Denison .*
* Autograph.
147
RECORDS AND FILES
1673]
Sarah Row, for unlawful familiarity with John Leigh, and abusing her husband, was sentenced to the house of correction for one month, and to suffer the discipline thereof according to law, which the keeper is required to execute, and on the next lecture day to stand all the time of the meeting from the last bell ringing in the meeting house at Ipswich, on a high place where the master of the house of correction shall appoint, in open view of the congregation with a fair white paper written in fair capital letters FOR MY BAUDISH CARRIAGE, open also to the view of the congregation. She should also give bond of 30li. not to abide in the company of John Leigh.
John Hobbs, for profane swearing and threatening to kill, for railing and shamefully abusing Sarah Whipple, and for not prosecuting his appeal at the last Ipswich court, was bound to good behavior, especially to Richard Kent and Sarah Whipple, and not to come in her company.
Upon Edward Clarke's petition about an execution levied for Deacon Pengry on the estate of Richard Mearcer, by advice of court both parties agreed that new execution be levied upon said estate according to law, sometime in May or June next.
Upon action commenced by Thomas Bishop v. administrators of the estate of Cornelius Kent, the estate falling short and the administrators having paid most of the estate away, court for- gives the entry of the action, and the fine against said Kent was respitted.
The Treasurer, Mr. Robert Paine, tendered his account to the court.
Court adjourned to Wednesday fortnight at 9 of the clock.
COURT HELD AT SALISBURY, APR. 8, 1673.
Major William Hawthorne, assistant, president; Major Pike, Capt. Nath. Saltonstall and Mr. Samll. Dalton, associates.
Jury of trials: Henry Palmer, foreman, William Osgood, Andrew Grele, Will. Browne, Richard Hubbard, Samll. Colby, George Carr, jr., Tho. Stevens, Henry Moulton, John Smith, Nath. Weare and Morris Hobbs.
Grand jury: Lt. Benjamin Sweat, foreman, John Dickison, sr., John Stevens, sr., Henry Brown, Peter Eyer, John Jonson, Lt. Phillip Challis, Richard Currier, Robert Page, Tho. Steeper, Christopher Palmer and Robert Smart.
148
SALISBURY QUARTERLY COURT
[Apr.
James Chase v. Jno. Samborne and Henry Green. Appeal from a judgment against him by Mr. Samll. Dalton at Hampton Mar. 10, 1672-3. There being a legal exception against two of the jurymen, the case was committed to the other ten with the consent of both parties. Special verdict. If the witnesses testifying upon probable circumstances be sufficient to cast a case, then they found for the defendant and confirmed the former judgment; if not, they found for plaintiff. Court confirmed the former judgment.
Henry Green, assignee of Harlackinden Symonds v. Capt. Walter Barefoot. Review of a case tried last Hampton court, concerning debt to be paid in boards. Verdict for plaintiff.
Georg Martyn, in the right of his wife, and Mary Jones, widow v. Nat. Winsly. For withholding the inheritance of housing lands and other estate, sometime Richard North's, deceased, father of said Mary Jones and her sister Martyn, the only sur- viving children of said North, under color of a feigned or con- fused writing like the handwriting of Mr. Tho. Bradbury and seemingly attested by him, and Mary Winsly, now wife of the said Nathll. Winsly, from which writing the pretended interest of said Winsly, as under Ursula North is derived, and withholden. Nonsuited.
George Martyn v. Nathll. Winsley, Abraham Drake and John Souter. For restraining him under arrest in Hampton prison for costs of court, contrary to law. Verdict for defend- ants.
John Tuck, son and heir of Edward Tuck of Hampton, de- ceased, which Edward was son of Robert Tuck of Hampton v. Jno. Samborne, administrator of said Robert's estate. For not performing the engagement of said Robert, which he made to Mary Philbrick, daughter of Thomas Philbrick of Hampton, deceased, which was that he would confirm upon said Edward Tuck, his son, father of the present plaintiff, one-half of his lands in Hampton, as an encouragement for said Mary, mother of plaintiff, to marry said Edward, which she did. Plaintiff now sues for the performance of the covenant of his grandfather, Robert Tucke, made before his father's marriage, by which neglect plaintiff and his mother are much damnified. Verdict for plaintiff. Appealed to the next Court of Assistants.
149
RECORDS AND FILES
1673]
Jno. Eaton v. Mr. Wm. Hooke. For not paying him in cows and English goods or money according to agreement dated Apr. 7, 1671. Verdict for defendant. Appealed to the next Court of Assistants. John Eaton of Salisbury and Henry Robie of Hampton bound for appearance.
John Samborn of Hampton and Henry Green of Hampton were bound for the former's appearance in the action, John Tuck v. John Samborn.
Samll. Fowler v. Phillip Grele. Trespass. For cutting down timber upon a lot of upland formerly belonging to the common right of Lewis Hewlett, claiming the right, which land plaintiff bought of Richard Currier, as by deed appears. Verdict for plaintiff.
Robert Ring v. William Buswell. For false swearing in a case between said Ring and Steven Greenleafe and Nathll. Clarke concerning the bounds of Ring's and Samll. Worcester's meadow at the Points in Salisbury bounds, which meadow said Worcester sold to Mr. Sewall. Verdict for defendant.
Major Robert Pike v. Edward Gove. Trespass. For cutting wood and timber upon his land and carrying it away, declaring that he did it as challenging the land to be his. The land lay within the limits of Salisbury adjoining to or near Hampton bounds, it being part of the land called Hall's farm, the second lot as it was laid out by those who were appointed by the pro- prietors of said farm. Nonsuited, for not giving legal notice to defendant.
Jno. Eaton v. Mr. Wm. Hooke. Review of a case tried at the last Hampton court, 8 : 8 : 1672. For not satisfying him for goods delivered to plaintiff and his children. Verdict for defendant.
Nathll. Boulter v. Capt. Tho. Bradbury, Jonathan Thing and Henry Moulton. For seizing upon and carrying away cattle of plaintiff's, by illegal execution granted against said Boulter as attorney to Miriam King upon an unjust and unreasonable bill of costs. Verdict for defendant.
Nathll. Boulter v. Jonathan Thing and Henry Moulton, exe- cutors of the will of Tho. King of Exeter. For 8li. 15s. which said King received of John Severans for the use of said Boulter, of which Boulter never yet had an account nor satisfaction which
150
SALISBURY QUARTERLY COURT
[Apr.
was about eight years since. Verdict for plaintiff. Appealed to the next Court of Assistants. Jonathan Thing and Jno. Samborn bound.
Nathll. Boulter, assignee of Miriam King v. Jonathan Thing and Henry Moulton, executors of the will of Tho. King of Exeter, deceased. For refusing to pay what is due plaintiff by assign- ment for the first payment of the second year, 20 bushels of Indian corn, eight bushels of wheat, etc. Verdict for defendant.
John Colby v. Henry Palmer and Andrew Grele. For not satisfying him in an agreement. Verdict for plaintiff.
Jarett Haddon v. Richard Bartlett, sr. For non-payment of the fourth payment of a bond of 45li. Withdrawn.
John Samborne and Henry Green, in behalf of the town of Hampton v. John Huggin. Trespass. For felling the town's timber and fencing in land, claiming it as his own, which land lay about the old saw mill, westward from the town, near Tayler's river. Verdict for plaintiff .*
Henry Roby and Nathll. Boulter v. Ralfe Hall. Debt. For 6,000 boards, which should have been paid about Michaellmas last. Verdict for plaintiff.
Henry Roby and Christopher Palmer, the assignees of Abra- ham Drake, marshal v. Edward Colcord. For not making good a parcel of fresh meadow of four acres, lying near the beach in Hampton, according to a deed or mortgage made to said Drake, or now to said Robie or Palmer, assignees, and by endeavoring to deprive them of said meadow by a later deed to Evens, whereby they have been put to much trouble by defending it and damage recovered against them at the last Hampton court. Verdict for defendant.
Henry Roby v. Capt. Barefoot. Review of a case tried at the last Hampton court concerning a debt of 9li. which said Roby engaged for Barefoot at the last Court of Assistants for the proceeding of an action of Barefoot's against Robert Mar- shall, said Roby being Barefoot's attorney, an execution being levied upon Roby, who was imprisoned. Verdict for plaintiff.
*Copy of writ, dated 28 : 1 : 1673, signed by Samll. Dalton for the court, and served by Allexander Denham, deputy for Abraham Drake, marshal of Norfolk, by attachment of house and land of defendant. Copy made by Tho. Bradbury, f rec.
+Autograph.
151
RECORDS AND FILES
1673]
Daniell Ela v. William Neff. Debt. According to bill dated Mar. 3, 1668-9. Verdict for plaintiff. Upon motion of Daniell Ela, the bond was moderated.
George Corlis v. Richard Dole and Thomas Davis, administra- tors of the estate of Joseph Davis. Debt. For a year's service of Jno. Corlis, son of said George, with said Joseph before his death. Verdict for plaintiff.
Mr. Wm. Hooke v. Jno. Eaton, sr. Debt. For goods and cattle delivered to him and his son. Withdrawn.
Phillip Grele v. Mr. William Symonds. Debt. Due Sept. 6, 1671, to be paid in boards at Mr. Symonds' mill at Lampereele river the latter end of June last. Withdrawn.
Richard Hubbard v. Mr. Wm. Symonds. For not satisfying him with 10,400 feet of merchantable boards to be delivered at Lamperelle river as by covenant dated June 19, 1672. Verdict for plaintiff. Appealed to the next Court of Assistants. Mr. Wm. Symonds of Ipswich and Jonathan Thing of Exeter bound.
Thomas Davis v. Robert Swan. For laying claim to a parcel of meadow of defendant's in Haverhill, between the west bridge and a place where a saw mill stood formerly, near to James Peck- er's house. Verdict for plaintiff.
Edward Colcord v. Christopher Palmer. For cheating him in selling him a parcel of land in the year 1660, for the payment of which the plaintiff gave said Palmer security by three parcels of land, of which he had absolutely endeavored to cheat the plain- tiff, and is in no capacity to make it good. His title of 45 acres of land to the plaintiff has been put to excessive charges to main- tain his interest in the three parcels of land and cannot enjoy it. Nonsuited.
Edward Colcord v. Henry Roby and Jno. Stanian. For un- justly vexing him by an illegal execution procured by said Stanian and said Roby, his attorney, at Hampton court, Oct., 1667, positively contrary to the laws established. Nonsuited.
Edward Gove, presented by the grand jury at Salisbury court, 1672, for abusing Nathll. Weare of Hampton and breaking the law by calling him thief and pulling him down twice, also for shooting and killing a hawk on the Lord's day, desired to be tried by a jury. Verdict of guilty brought in, and fines imposed. He was also fined for reproachful speeches and assaulting carriages
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SALISBURY QUARTERLY COURT
[Apr.
toward Nathll. Weare. Appealed to the next Court of Assistants. Robert Downer of Salisbury and Bartholemew Heath of Haver- hill bound.
The order about Jno. Young's maintaining Judeth Robie's child was confirmed and continued until this court take further order.
Nathll. Weare was appointed to answer in the behalf of the country to Edward Gove's account about the traverse of his presentments by a jury at Salisbury court in 1672, at the next Court of Assistants.
Administration upon the estate of Jno. Dowe of Haverhill was granted to Mary Dowe, his widow.
Administration upon the estate of Thomas Lilforth of Haver- hill was granted to his wife Elizabeth Lilforth.
Daniell Ela and Hugh Marsh of Nubery were bound for said Ela in the action brought against him by Benjamin Bongraine.
Christian Dollhoff, Charles Gleeden, Arthur Bennet, James Godfrey, Richard Morgan, William Tayler and Robert Powell were admonished for not frequenting the public worship of God on the Lord's days.
Administration of the estate of Giles Fuller of Hampton was granted to Thomas Warde of Hampton and Richard Currier of Amsberie.
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