USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 18
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Bond, dated 22 : 3 : 1672, given by Henry (his mark) Lenard of Bromigum forge in the county of Essex to Anthoney Carrell of Essex county, for 13li. to be paid in bar iron at 24s. per hundred. Wit: Thomas Lenardį and James Hanscombe.į
Reckoned 17 : 1 : 1672-3, with Anthoney Carrell, and there was due to Henry Leonard, 3li. 4s. 6d .; by 1 C. 19li. bar Iron dd. at Ipswidg, 1li. 8s. 3d .; by a qr. of bar Iron dd. to Abraham Redington by Carrell's order, 6s .; total, 4li. 18s. 9d. Sworn in court.
Anthony Carrall's bill of cost, 16s. 6d.
James Hanscombe deposed. Sworn in court.
Antony Carell's bill of cost, 1li. 8s.
+ Writ: Edmond Bridges v. Henry Leonard; non-performance of an agreement to deliver two tons of anchor iron; dated June 18, 1673; signed by Robert Lord,¿ for the court; and served by Joseph Leigh,¿ deputy marshal of Ipswich, by attachment of a parcel of bricks and all his interest in the Iron works.
# Autograph.
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SALEM QUARTERLY COURT
[June
namely, Hen., Joseph and Jemima True v. the Town of Salem. Verdict for defendant .*
John West v. Ruth White. For withholding, keeping and not yielding to him the possession of a house and land. Verdict for defendant. t
* Writ: Joseph Fletcher, now husband of Isræll, late widow of Henry True, and administratrix of his estate, and attorney to the three children of Henry True, Henry, Joseph and Jemima v. the common land of the town of Salem; for withholding or not laying out a parcel of land that was granted to Henry True, it being about forty acres, as per grant upon the town records of Salem, under date of 17 : 10 : 1649, which land had never been laid out; dated May 27, 1673; signed by Tho. Bradbury,# for the court; and served by Henry Skerry,# marshal of Salem.
"Att A meeting of the Select men the 17th of ye 10th mº 1649. Henry true doth Request for Land granted fourtie Acres of Land." Copied from the town records by Bartlemew Gedny, recorder to the selectmen.
"Att A generall towne meeting 13th 2m 1661, Its ordred thatt all men that haue any former grants of Land from the towne are to come to the select men and make their Claime within one yeare after the date hereof or els to Loose It for ever." Copied from Salem records by Bartlemew Gedney,¿ recorder to the selectmen.
At the county court held at Hampton, 4 : 8 : 1659, "Isræll True ye relict of Henry True late of Salisbury deceased hath letters of Administracon granted unto her by this prsent courte in reference to ye estate of ye sd True." Copy made by Tho. Bradbury,¿ recorder.
Letter of attorney, dated May 26, 1673, given by Henry True,§ Joseph True § and Jemima True,§ all of Salisbury, children of Henry True, "sometime of the Towne of Salem & afterward of Salisbury," to their step-father Joseph Flecher. Wit: John Piket and Dorithi Pearce.į Acknowledged, May 27, 1673, before Robt. Pike,į commissioner.
Bartlemew Gedney, certified that Capt. Hawthorne, Jefery Massey, Jno. Porter, Edmund Batter, Mr. Corwin and Henry Bartlemew were the selectmen of Salem when the land was granted.
Joseph Fletcher'sį declaration.
+Writ: John West v. Ruth White; for withholding possession of a house and about 100 acres of land, lately in occupation of Thomas White, late of Wenham, and by him conveyed to the said John West; dated June 6, 1673; signed by Daniel Denison,į for the court; and served by Henry Skerry,¿ marshal of Salem. Bond of Ruth White.#
# Autograph.
§ Autograph and seal.
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1673]
Thomas Fiske, aged about forty years, testified that since the death of Thomas White, he had seen a deed of gift of the house and farm he possessed at Wenham, which deed was made and signed by John White of Lancaster to his son Thomas White of Wenham and was made more than eight years since. Also that the deed had no seal and was not cancelled, was signed in John White's handwriting and witnessed by Josias White, son of said John, and brother to Thomas White. Sworn,. May 26, 1673, before Daniel Denison .*
Robert Lord, marshal, deposed that being at Wenham about Nov. 17, 1668, at the house and farm in which Thomas White then lived, he saw said Thomas give possession by turf and twig to John West of Salem. Sworn in court.
Abraham Drake testified that being at the widow White's with John West, he heard him demand possession of the house and land, and the widow declared that she had no power to deliver it to them. Sworn, June 12, 1673, before Daniel Deni- son.
James Chute* testified that he saw a writing at Mrs. Numan's of Wenhem since Mr. Numan died, it being the deed of gift, etc. Sworn, June 12, 1673, before Daniel Denison .*
Walter Fairfeild, aged about forty years, and Marke Batchel- er, aged about thirty-eight years, deposed that they saw the deed of gift of the farm in Wenham which was granted to John White by the town of Salem, and the date of the deed was in Jan., 1657. Further that it was not acknowledged before a magistrate. Sworn in court.
Ruth White's bill of cost, 1li. 4s.
Thomas Lawthrope deposed that he asked Mr. Newman if he had any writing from old Goodman White concerning the farm which he gave his son Thomas White, and he said he had, else he should never have done what he did. Sworn in court.
Samuell Ingalls deposed that he witnessed possession given. Sworn, June 19, 1673, before Daniel Denison .*
Mortgage deed, Nov. 1, 1665, Thomas White ; of Wenham in- debted to John West of Salem for 100li. in consideration of corn and cattle received of said West, the goods to be delivered at the now dwelling house of West, payable Nov., 1668, in corn, pork or fat cattle; and for security, White gave his dwelling house and farm of 100 acres in Wenham. Wit: Thomas Pickton* and John (his mark) West, jr. Acknowledged, May 9, 1666, before Daniel Denison .* Recorded in Ipswich land records, book 3, folio 84, by Robert Lord,* recorder. Possession given, Nov. 17, 1668, by Thomas White .* Wit: John Clark* and Samuel Ingals .* Robert Lord,* marshal, certified that he saw the possession given.
Henery Skerry, sr., testified that he was at Ruth White's house
* Autograph.
¡ Autograph and seal.
176
SALEM QUARTERLY COURT
[June
Sergt. Joseph Bigsby v. Thomas Baker, clerk of the Iron works. Debt. Withdrawn .*
Peeter Toppen v. Jacob Toppin, executor, with Susana, his mother, of the last will and testament of his father Abraham Toppin. Verdict for defendant.t
with John West when he demanded possession and she refused, saying that she was ignorant of any right he had. Sworn in court.
* Writ, dated 18 : 4 : 1673, signed by John Redington, for the court, and served by John How,¿ deputy marshal of Ip- swich.
+Writ: Peter Tappan v. Jacob Tappan, executor with Susanna, his mother, of the will of his father Abraham Tappan, deceased; for not delivering him an estate given him by his late father Abraham Tappin upon condition of marriage, etc .; dated June 16, 1673; signed by Anthony Somerby,į for the court; and served by Benjamen Rolfe,¿ constable of Newbry. Bond of Jacob Toppin.
Jacob Tappan's bill of cost, 2li. 1s. 2d.
Summons to witnesses, Mr. Henry Sewall, Mr. Joseph Hills and Daniel Peirce, jr., dated June 19, 1673, and signed by An- thony Somerby,# for the court.
Original inventory of Abraham Tappan of Nubury. "This Inventory doth declear that thar iss 621. 188 6d which iss for howsolld goodes; the one halfe of which I now sen for bee sides Cattell and shepe. the goods being very much under prised tharfor I desier I may haue it in Cine."
Petition of John Knight, sr .: { "I am much trubled to hear that ouar frends old goodman Toppen and his son Peetor haue soch differanc between them of late which I maruell at: Con- sidering how louingly thay haue caried it this 20 years for I haue had much Aquintanc with them and Acording too my ob- servation the old man have bin vary pessable towards all men and vary louing to peetar: peetar haue bin vary dutiful too his father and vary carfull of his bisnis when the old man was in Ingland and at the barbados and all along vary carfull and pain- full in his labor for his fathar at haruest tims: his meedow liing neer min: I haue often wrought with him: and I haue obserued his dilligenc Raeth: and late willing to Improu all sesons for his fathers good: as it is well knouen the care of Improument of the estat lay much vpon peetar: if not all for the generall: many years and in mattrs of delling apon acounts as ther was a prety deall beetween us: I still found peetr vary sauing and carffull in acants not willing to lay much apon his on back in Respecke of cloas which I blamd him for: and tould him: seing hee had the
# Autograph.
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1673]
care apon him: his fathar would bee willing to let him goe han- somly in cloes and lickwies both the old pepell and the young haue seuerall times bin speaking of ther content in peeters mach espesially the old man seemed to bee much pleased with the con- uersation of peeters wife and I am trubled too hear what I now doe and I ernestly desiar the welfair of them all."
Summons, to defendant, dated June 16, 1673, signed by An- thony Somerby,* for the court.
Anah Anger, aged about forty-one years, deposed that about eleven years since being at the house of Abraham Tappen, sr., she heard both him and his wife say that half their dwelling house and half of all was their son Peter's. She also heard him say it at "our hous att Cambridg." Sworn, Mar. 14, 1672-3, before Edward Tyng. "Recorded the 22 of March 1672-73: verbatim (as they came to me sealed up) in the third booke, folio: 250: p me Robert Lord,* Rec."
Copy of deed, dated July 30, 1661, from Abraham, sr., and Susana Tappan of Newbery, for the accomplishment of the covenants they entered into with Christofer Batt of Boston, by which there was to be a marriage between Peeter Toppan, their eldest son, and Jane, daughter of said Batt, which having been consummated to mutual satisfaction, also for the natural affection for their son and recompence for his faithful and dutiful service for time past, to said Peter Toppan, from Mar. 10 last forever, one-half of the home lot of 26 acres of orchard, plowground and pasture, with one-half all other lands in Newberry, and upon said Abraham's and Susana's deaths, the other one-half; said Peter was to pay six months after their deaths to the rest of his brothers and sisters such sums as mentioned in his will; if Peter died without issue, the estate was to go to Abraham's other heirs. Wit: Anthony Sumersby and St. Sweet, who made oath, Aug. 18, 1670, in court. Recorded in the records of lands for Essex at Ipswich, in book 3, folio 159. Examined, June 23, 1673, by Robert Lord,* recorder.
Tristram Coffin, aged forty-one years, testified that in speaking with Abraham Toppan about the promises he had made to his son Peter upon his marriage, which he had not performed, es- pecially about half of the household goods, he told deponent that he had made the promise to help his son to a wife. Sworn in court.
Copy of deed, dated June 21, 1670, from Abraham Tappan of Newbury, yeoman, in consideration of a marriage shortly to be solemnized between his son Jacob, and Hanah, daughter of Mr. Henry Sewall of Newbery, to said Jacob Tappan either one-half of his home lot of twenty-six acres of orchard, plow- land and pasture, with one-half all his other land in Newbury, one-half of the barn and out-houses, which were in his
* Autograph.
178
SALEM QUARTERLY COURT
[June
possession July 30, 1661, or the full value of the premises aforementioned into ten shillings, with his hay lot at Plumbe Island purchased of Richard Dole, with his dwelling house as expressed in his will, signed in the presence of Mary Lunt, Joseph Hills and Henry Sewall and dated June 20, 1670, etc. Acknowledged, June 22, 1670, before Daniell Deni- son .* Recorded in the record of lands for Essex at Ipswich, book 3, folio 157. Copy made, Aug. 22, 1670, by Robert Lord,* recorder.
Tristram Coffin, aged forty-one years, testified that he had been old Abraham Toppan's near neighbor for twenty years, and since said Toppan's death, he had seen several parcels of his household goods in the possession of Susanah Toppan and Jacob Toppan, the old man's executors. Also that when Petar Toppan was married, his father had about twenty neat cattle, twenty or thirty sheep and several horse kind and swine, worth 100li. Sworn in court.
Jacob Tappan's answer to the complaint.
John Lewis, aged about fifty-seven years, deposed that about nine or ten years ago, he heard Abraham Tappan, sr., of New- bury say that he had given half his estate to Peter, etc. Sworn at Boston, May 20, 1673, before Edward Ting, assistant. "Re- corded verbatim out of the originall 22th day of march 1672-73. sent unto me sealed up Robert Lord* Recd." Copy taken, June 11, 1673, from the third book of records, folio 250.
Petter Toppan* affirmed concerning the promise when he was married.
Anah Anger, aged about forty-one years, deposed that about two years since she "went to give my Brother and sister Tappen a uiset and in the morning befor I came from thence my onkell Tappen Came in to my brothers hous and sayed that ther wer maney suspecions and Jelesis that I would wrong my sonn but I will perform all ingaigments to him I will not wrong him for my wright hand." Sworn, Mar. 14, 1672-3, before Edward Tyng, assistant. Recorded by Robert Lord,* rec., Mar. 22, 1672-3, in book 3, folio 250.
Jane Toppan, aged about forty years, deposed that when her father Abraham Toppan came to Boston to treat with her father and mother about her marriage, said Abraham made many promises and most of what he had should be Peter's. Also if she would consent to match with his son Peter, he would give him half his estate as soon as he was married, etc. Deposed, June 28, 1673, before Robt. Pike,* commissioner.
Ann Batt of Boston, widow, aged about seventy-two years, testified the same. Sworn, Mar. 14, 1672-3, before Edw. Tyng, assistant. Recorded by Robert Lord,* in book 3, folio 250.
* Autograph.
179
RECORDS AND FILES
1673]
Capt. James Smith v. Erasmus James. Appeal from a judg- ment granted by Worshipfull Major Wm. Hathorne. Verdict for plaintiff, the reversing of the former judgment .*
*In an action of Erasmus James v. Capt. James Smith, 21 : 2 : 1673, before Wm. Hathorne,f assistant, for debt, judgment was given for plaintiff. Defendant appealed.
Copy of the writ made by Wm. Hathorne,f assistant. Copy of the bill due made by Wm. Hathorne,f assistant: Capt. James Smith debtor to Erasmus James, myselfe & horse one day helping him to Look for his horses, 5s. 6d .; my selfe one day helping him at his house, 3s. 6d .; my wife making 4 shirts for you & threed, 4s .; making of 3 pr. of drawers for you & threed, 3s. 6d .; serving an Exicution for you upon Jno. Clemence, 2s. 6d .; for a sadle Cloth you lost of myne, 4s .; total, 1li. 3s.
Capt. James Smith's bill of cost, 2li. 12s. 5d.
Erasmus James' bill of cost, 1li. 12s. 3d.
James Smith'st reasons of appeal, received June 16, 1673, by Wm. Hathorne: that there was no date on the bill and the complaint was made to begin a quarrel with him, etc.
Answer of Erosomus Jamest to James Smith's reason of appeal from the judgment of the honored Major William Hathorne, a minister of his Majestyes Justice: that the bill was a memoran- dum, and as to the testimony of a negro, which he says is not legal, he replied that the negro was of such carriage and knowledge that her testimony had been accepted several times before this, etc.
Jno. Legg, aged twenty-eight years, and Thomas Powell, aged thirty years, testified that James Smith desired them both to go with him to Erasmus James', which they did, and Smith asked James if they might not choose one man each to settle the busi- ness, but Erasmus refused. Sworn, 21 : 2 : 1673, before Wm. Hathorne,f assistant.
Jno. Waldron, aged about forty-six years, and Saml. Rowland, aged about twenty-six years, deposed that on Feb. 10, Erasmus James desired them to go to Capt. James Smith's house, where said James said "Uncle Smith I have desired Jnº Waldron to come with mee, that I might satisfy you for that eighteen shillings that you doe demand of mee." Smith answered, "I did Ord" you to pay itt to Jnº Waldron, then said James Asked of Capt. Smith whether he could demand any mor of him & if that were all doubleing ouer two or three tymes, to ye said Smith: then Capt. James Smith Answared & said; this eighteen shillings is all that I can demand of you; upon all accounts from ye begining of ye world to this day, then ye said James Answared uncle Smith; I will pay itt to Jn° Waldron & the said Waldron did then except + Autograph.
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[June
of itt: so they both ended ther discourse about ye eighteene shillings very friendly as wee thought." When they went out, James said "Uncle Smith I have now payd you wt you can demand of mee. now I would have you pay mee that wch is my due: upon which ye sayd Erasmus puld out a paper & read ye pticulers to ye said Smith: he then did owne some of them & some he did nott, butt in fine he said he would not pay ye said James any thinge wth many other words the said Smith used as if he were angry." Sworn, 21 : 2 : 1673, before Wm. Hathorne,* assistant.
Edward Bennett, aged about seventeen years, deposed that about a year since, Capt. James Smith came to his master Eras- mus James' to borrow a saddle and saddle cloth, which said James loaned him, the cloth being a yard of new red cotton, if not an ell. It was never returned, and deponent heard Smith say that it was lost and he would give said James a new one for it. Sworn, 21 : 2 : 1673, before Wm. Hathorne,* assistant.
Jno. Legg, aged about twenty-eight years, and Mary Dill, aged about twenty-two years, deposed that about two years ago James Smith had occasion to take up two horses, and de- ponent helped him about four or five hours with Erasmus James and Richard Rowland. When they came home, said Smith had dinner provided for them and also a bottle of liquor. After- ward, Smith said, "Gentlemen I am willing to satisfy you for your paynes," offering to pay them, but all said they were well paid, etc. Sworn, 21 : 2 : 1673, before Wm. Hathorne,* assistant.
Mary Rowland, aged about forty-six years, and her negro maid, aged about sixteen years, deposed that about six or seven months ago, Mary, wife of Erasmus James, made for James Smith four shirts, for which 4s. is usually paid, also three pair of drawers which are counted at 3s. usually. Deponent also de- posed that Mary made them after she had married said Erasmus James, before said Smith's wife had come into the country. Sworn, 21 : 2 : 1673, before Wm. Hathorne,* assistant.
Richard Rowland, aged about fifty-five years, and Mary, his wife, aged about forty-six years, deposed that Erosmus James did one day's work at said Smith's house, which was to "take abroad" a great chest that would not go into his door and put it together again, etc. Sworn, 21 : 2 : 1673, before Wm. Hath- orne,* assistant.
Jno. Clemence, aged about sixty years, deposed that when said James was constable, he levied an execution upon deponent, which was given to Capt. James Smith upon judgment granted him against deponent by Maj. Wm. Hathorne, etc. Sworn, 19 : 2 : 1673, before Wm. Hathorne,* assistant.
Richd. Rowland and Edward Bennitt testified concerning looking for Smith's horse in Salem woods. Sworn, 21 : 2 : 1673, before Wm. Hathorne,* assistant.
* Autograph.
181
RECORDS AND FILES
1673]
Capt. James Smith v. Richd. Rowland. Verdict for plaintiff. Court moderated the bond .*
Thomas Powell, aged about thirty years, and Mary Dill, aged about twenty-two years, deposed. Sworn, 21 : 2 : 1673, before Wm. Hathorne,f assistant.
Mary Dill, aged about twenty-two years, deposed that in 1670, that her father James Smith reckoned with Erasmus James, etc. Sworn, 21 : 2 : 1673, before Wm. Hathorne,f assistant.
Robt. Starr, aged about forty-seven years, deposed that the saddle cloth was lost when he was employed by Smith, etc. Sworn, 21 : 2 : 1673, before Wm. Hathorne,f assistant.
*Writ, dated Apr. 4, 1673, signed by Moses Mavericke,t for the court, and served by Robert Bartlett,; constable of Marble- head.
Warrant, dated Nov. 19, 1672, to John Walldren of Marbell- head, for the apprehension of James Smith and Thomas Powell, for breach of the peace in striking Richard Rowland.
Copy of Wm. Hathorne'st judgment in an action of Richard Rowland v. Capt. James Smith, 23 : 7 : 1672, for withholding a trough of said Rowland's. He found for the plaintiff.
Capt. Smith's bills of cost, 1li. 2s. and 1li. 8s. 4d.
Copy of the Salem court record of 26 : 9 : 1672, of complaint of Richard Rowland against Capt. James Smith, for abuse, made by Hilliard Veren,t cleric.
John Walldren, aged forty-seven years, Thomas Powell, aged about thirty years and Mary Dill, aged twenty-two years, deposed that the constable came to Smith's house with the black staff in the morning before Smith was up, with a special warrant, etc. Sworn, 24 : 1 : 1672-3, before Wm. Hathorne,f assistant.
Copy of an agreement, dated Aug. 30, 1670, between James Smith and Richard Rowland, his brother-in-law, both of Mar- blehead, that upon mediation of friends, they bound themselves in 40li. that they would live peaceably and quietly, and whoever should be the occasion of future trouble should forfeit 40li. Wit: Moses Mavericke, Erasmus James and Christopher Latamore. Copy made, 24 : 1 : 1672-3, by Hilliard Veren, t recorder.
Elisebeth Browne, aged about fifty-six years, deposed that in Mar., 1672-3, having occasion to go to Capt. Smith's house to demand her right of some land, Richard Rowland and his son Samuell went as witnesses, they being her near neighbors. When said Rowland went in, Smith "broake oute into a deadly pashone And saide geite you oute of my house or elce i will seate you oute," and looked around for something to fling at said Rowland, etc. Sworn, 21 : 1 : 1672-3, before Wm. Hathorne,f assistant.
John Walldron, aged about forty-seven years, and Erasomus + Autograph.
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[June
Mr. Phillip Cromwell v. Rowland Rainsbury. Verdict for plaintiff .*
John Godfery v. Edw. Cleark, Verdict for defendant.t
James, aged about thirty-eight years, deposed that they went with Richard Rowland to his brother James Smith's house, and Rowland said, "Brother Smith, I am Come for my troufe, you might haue Brought it home: you haue had it a long time." Smith refused to give it up and made provoking speeches not becoming a brother or a neighbor. Sworn, 23 :7 : 1672, before Wm. Hathorne,¿ assistant, and copy made by him.
*Writ, dated May 22, 1673, signed by Hilliard Veren,į for the court, and served by Robert Bartlett,¿ constable of Marblehead. Bond of Moses Mavericke.į
Philip Cromwell's bill of cost, 1li. 2s.
Bond, dated June 28, 1670, Rowland (his mark) Ransbury§ of Marvelhead, fisherman, to Phil. Cromwell of Salem, for 8li., to be paid in fish or mackerel. Wit: Thomas Ivest and James Ashby.# Sworn to, 26 : 4 : 1673, by Thomas Ives, in Salem court.
Writ: John Godfry v. Edward Clarke; for, as the marshal's deputy, not performing his office in levying an execution of about 138li. which said Godfry obtained against Mathias Button, and through fraudulent dealing of said Clarke, had not received one penny; dated June 11, 1673; signed by Anthony Somerby,} for the court; and served by John Bond, sr., constable of Haver- hill.
John Burbancke, aged about thirty years, deposed that this last spring he was desired by John Godfrey to appraise some land of Mathias Button to satisfy an execution which Edward Clarke was to levy, and he and Daniel Lad, jr., appraised all the land within the fence near Button's house broken up and unbroken, about six acres at 5li. per acre, and also two or three acres of land unfenced that lay about the house, together with the house at 45s., per acre. Said Clarke began to measure the land, and measured about a mile into the woods, said there was land enough, but measured none of the land within the fence and would have delivered the land without the fence to Godfery. He would also have had deponent set his hand to an appraise- ment of the land at 45s. per acre, which he refused to do, not having seen the land. Upon returning home, Edward Clerke told John Godfrey that nothing was done and that he would return the execution to him. Sworn, July 16, 1672, before Daniel Denison.#
Thomas Dustan and James Kingsberry testified. Sworn, June 23, 1673, before Nath. Saltonstall,¿ commissioner.
# Autograph.
§ Seal.
183
RECORDS AND FILES
1673]
Mr. Ralph King v. the Town of Lyn. Verdict for defendant .*
Thomas Fouler, aged about thirty-seven years, deposed. Sworn, June 18, 1673, before Daniel Denison.t
Abraham Whiticker, sr., deposed. Sworn, June 23, 1673, before Nath. Saltonstall,t commissioner.
Copy of writ of execution, dated Boston, Mar. 13, 1671-2, against Mathias Butten, to satisfy judgment granted John God- fery, by the Court of Assistants, Mar. 5, 1671-2, signed by Ed- ward Rawson, secretary, and served by Edward Clearke, deputy for Edward Nicholson, marshal general. Copy made by Hilliard Veren,t cleric.
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