USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 20
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Copy of a record of a town meeting in Lynn, held 16 : 2 : 1672, made, 23 : 4 : 1673, by Thomas Laughton,* cleric: "It was voted & agreed yt ye same orders wch was made ye last year wch phibits ye fallinge of any green wood for firewood & any small wood or any timber without leaue from ye psons appoynted for ye same end should stand in force this yeare. alsoe except thos yt shall cut any topes yt is fallen by psons wch haue leaue graunted unto them to fall timber & they are to cut up ye whole
* Autograph.
193
RECORDS AND FILES
1673]
top or tops upon the penalty of payinge ten shilings for euery top yt they shall leaue any part of it wch they haue cut part off it And Robert Burges & william Bassett Robert Potter & Sam- uell Johnson are chossen to giue leaue to fall timber & haue the same power ye psons had ye last year to take the fines of such as shall trangresse any of the orders as alsoe to pay ye same fine ye overseers wer ye last yeare if they shall neglect their office hearin."
Andrew Mansfeild, aged about fifty-two years, testified that he, Joseph Armitage and Thomas Newhall, being impowered by the selectmen, viewed the land which John Ottawaye claimed he bought of Samll. Bennitt. They understood that there were but two ten acre lots granted there, which they were to meas- ure out, near William Merriam's land, and to see what wood might be cut upon the rest of that land, as upon the town common. Attawaye showed them the 100 acres and his deed from Samll. Benett, and they laid out the two ten acre lots and seized about eight great oaks which they found fallen there, which were about a quarter of a mile from the ten acre lots. Said Attawaye owned that he gave Joseph Edmonds order to fell them, and said the town should have none of that land unless they could get it by law. Tho. Newhall, jr., testified to the same. Sworn in court.
Samll. Hart, aged fifty-two years, testified that the land in controversy was in the township of Lynn. Sworn in court.
Copy of a record from the town book of Lynn, made 10 :4 : 1673, by Thomas Laughton,* cleric: "This 13th of May 1662 Articles of Agreement betwene Samuell Benett in Behalfe of Boston selectmen of ye one part & ye selectmen of Lyn of ye other part (viz) to settle ye Bounds Between our Townes as followeth That wee doe agree to measure from yo middle of Brides Brooke where ye foot path now goeth upon a square or streight line to maulden line & soe to runn up maulden line till we com to ye length of either of ye three last stations of mr fish- ers line & from ye sd place of maulden line to runn upon a straight line or a square line downe to ye sd line of mr fishers if it Bee within three or foure poles of ye Breadth Between Brides Brooke & maulden line or if it bee not then to make yt station to bee within three or foure poles of ye Breadth aforesd att Brides Brooke & there to make a certaine station & an abidinge marke & from yt station to runn upon a streight line to Brides Brooke aforesd & accordinge to thesse tow stations to runn till wee com over agst John pooles mill or as farr as Boston & Lyns lands ioyne & this to bee our Certaine standing bounds betweene our Townes: if ye selectmen of Boston consent heare unto & samuell Bennett doth in behalfe of Boston selectmen make choyse of Leift: fisher to runn thesse lines accordinge to ye pmeses if they
* Autograph.
194
SALEM QUARTERLY COURT
[June
Joseph Armitage v. Richard Hood. Nonsuited .*
Joseph Armitage, attorney and assignee of Samuell Bennett v. Capt. Tho. Savage. Nonsuited .;
John Dodg v. Jno. Procter and Joseph and Benjamin Procter, executors of the will of Jno. Procter, deceased. The jury found that if the father's personal promise upon marriage bound the executors, a verdict for plaintiff, otherwise for the defendant.
accept of it & to be done in a mounths time as witnesse our hands ye day & yeare aboue righten & it is alsoe agreed yt the charge of ye Artice shalbe equally paid betweene the Townes." Signed May 15, 1662, by Thomas Marshall, Thomas Laughton, John Hathorne and Samuell Bennett. The selectmen of Boston, by Hezekiah Usher, recorder, confirmed the foregoing articles, May 16, 1662, providing the town of Lyn and Samuell Bennett free Boston from any further charge in running the line.
Joseph Armitage, aged upward of sixty years, deposed that some years since he bought of Mihill and Jarrerd Spenser two ten acre lots lying in a neck of land near William Merriam's farm, which he sold to Samll. Bennitt, and when he gave posses- sion, deponent understood he had sold them to John Attawaye, etc. Sworn in court.
*Joseph Armitage v. Richard Hood; for trespassing and living upon his land and paying him no rent; dated June 18, 1673; signed by John Fuller,§ for the court; and served by Samuell Hartt,§ deputy for Chrispas Brewer,§ constable of Linne. Bond of Richard (his mark) Hood.
Richard Hood's bill of cost, 16s.
Letter of attorney, dated Salem, June 25, 1673, given by Richard (his mark) Hood|| of Linn to John Joyliffe of Bostone. Wit: Ele. Hathorne,§ John Hathorne§ and Wm. Bowditch.§ Sworn in court.
*Writ: Joseph Armitage, attorney and assignee of Samuell Benitt v. Capt. Thomas Savage; for 100li. assigned by said Benitt with forbearance, and 80li. more with forbearance, all being ordered by a special court at Boston for said Savage to pay the workmen's wages belonging to the Iron works, said Benitt building a great part of the said works, and so commonly employed until Savage took them away; signed by John Fuller,§ for the court; and served by Samuell Hart,§ deputy for Chrispas Brewer,§ constable of Linn, by attachment of land of defendant at the Iron works.
Thomas Savage's§ bill of cost, 20s.
# Writ, dated 14 : 4 : 1673, signed by Hilliard Veren,§ for the court; and served by Henry Skerry,§ marshal of Salem, by § Autograph. || Seal.
195
RECORDS AND FILES
1673]
Lt. Samll. Ward v. Hugh Allerd. Debt. Defaulted. Jury found for the plaintiff .*
Ezekiell Woodward v. Abner Ordway. Debt. Withdrawn.t John Roberts v. Robt. Dutch. Debt. Verdict for defendant.}
attachment of a cider mill, two chests and a box belonging to defendant.
Nathaniell Puttman deposed that John Prockter told him that whatever his father had promised his brother-in-law, John Dodge, at the marriage with his sister as her portion, if said Dodge proved it unpaid, he would pay it without suit.
John West, aged about fifty-eight years, deposed that being present when William Dodg, sr. and John Procter, sr., made up the match between John Dodg and Sarah Procter, son and daughter of Dodg and Procter, said William Dodg promised to give a parcel of land with his son John, and said Procter engaged to give 40li. with his daughter Sarah. Dodg further said "Not- withstanding what is Giuen: what shall thess young beginers do for housshould stuff," and deponent proposed that Dodge should give his son John 10li. and Procter should give his daughter 5li. to be paid at the merchant's, to which proposition they both agreed. Sworn in court.
Abigail Varney, aged about thirty years, deposed that she heard her father say to her mother that he had promised at the making up of the match between her brother Dodge and her sister Sarah, his wife, to give his daughter 45li., five pounds of which was for household stuff but that her mother Prockter said that she was not willing that the five pounds should be paid at that time. Sworn, June 17, 1673, before Daniel Denison.§
* Writ, dated June 21, 1673, signed by Robert Lord,§ for the court, and served by Robert Lord,§ marshal of Ipswich. Bond of Hugh Allward,§ Tho. (his mark) Borm[a]n, surety.
Bond, dated Mar. 16, 1671-2, Hugh Allward§ of the Ils of Sholls to Samll. Ward of Marblhead, for 3li. 10s. in merchantable dried cod fish to be delivered at Marblhead. Wit: Samuell Redd§ and Richard Reith.§ Sworn by the witnesses, June 25, 1673, before Daniel Denison.§
¡ Writ, dated 6 : 2 : 1673, signed by Tho. Fiske,§ for the court, and served by Robert Lord,§ marshal of Ipswich, by attachment of a feather bed and a green rug.
Į Writ, dated May 19, 1673, signed by Robert Lord,§ for the court, and served by attachment of a barn and the land about it.
Bond, dated Mar. 14, 1671-2, Robert (his mark) Duch of Ipswich, mariner, to John Roberts, for 4li. 4s. in sterling money of New England. Wit: John Barry§ and Hannah (her mark) Duch.
§ Autograph.
196
SALEM QUARTERLY COURT
[June
Hen. Leonard v. Ambross Makefashion and John Ramsdell. Non-performance of covenant. Verdict for plaintiff .*
Hen. Leonard v. Edmond Bridges, jr. Debt. Withdrawn.
Robert Lord, marshal, aged about forty years, deposed that Goody Dutch and her daughter Hanah said that they were cheated if the bill were a double bill, for his attachment was for 8li. 4s., while the bond was for 4li. 4s. Deponent testified also that the mark R which said Duch used was his usual mark. Sworn in court.
* Writ, dated 16 : 4 : 1673, signed by Hilliard Veren,t for the court, and served by Nathaniell Ball, t constable of Con- cord.
Account of damage sustained in not coaling the wood the past summer for Mr. Henrie Leonard, according to covenant: for 20 Load of Brands sent in amongst Coles, 6li .; cutting of wood that is not coled, 3li. 10s .; wood at ye stump at 4d. per cord, 11s. 1d .; brands left in the woods which would have made a load of Coles, 2li. 8s .; for a month's rent that I was forced to lie still for want of the coles, 16li .; for 3 hands lieing still 4 weeks at 2s. 6d. per day, 9li .; 3 hands lieing still 4 weeks at 3s. per day, 10li. 16s .; my owne time a month at 5s. per day, 6li.
Agreement, dated May 7, 1672, between Mr. Henry Lenard on one part and Ambros (his mark) Mackfation and John (his mark) Ramsdell, on the other part, the two latter agreeing to coal all the old wood and the new that shall be cut and taken in this year, for 6s. per load, each load to contain 12 quarters at the pits, to be paid in goods or bar iron, whichever they need the most, and five pounds to be paid in bar iron at money price, that is, 18s. per hundred. Said Lenard agreed to provide for them such goods as they shall stand in need of to pay workmen to carry on the work, and to pay the whole within three weeks after the last load of coals is at the coal house, and the last of the wood to be delivered to Mackfation and Ramsdell some time in June next. Wit: Anthoney (his mark) Carrell and James Hanscombe .; Owned in court by Ambros Mackfation.
Copy of the foregoing agreement signed by Henry (his mark) Leonard, made by Robert Lord,t cleric.
William Doule, aged about thirty-two years, deposed that he heard Henry Leonard say that the colliers had coaled all the wood, etc. Sworn in court.
James Car deposed. Sworn in court.
Samuell and Nathaniell Leonard deposed that Mackfation and Ramsdell left of the old and new wood about thirty or forty cords, etc. Sworn in court.
Henry Lenard's bill of cost, 4li. 6d.
t Autograph.
197
RECORDS AND FILES
1673]
Jon. Roades v. Hen. Trivett. Debt. Withdrawn .*
Mr. Phillip Cromwell v. Hen. Leonard. Debt. Withdrawn.
Cases heard before the Worshipfull Major Daniell Denison and Mr. Tho. Danfort:
John Ballord was sworn constable for Lynn.t
Ed. Bridges, sr. and Ed. Bridges acknowledged judgment to Adam Westgate, to be paid in beef, pork, wheat, malt and Indian corn.
William Reeves acknowledged judgment to Timothy Lindall in cod fish at current price upon Winter Island.
Hen. Leonard, sr., acknowledged judgment to Mr. Robt. Paine in bar iron.
Hen. Leonard, sr., acknowledged judgment to Mr. William Browne, sr., in bar iron and money.
Thomas Russell acknowledged judgment to Mr. Hen. Barthol- mew in fish.
Hen. Leonard acknowledged judgment to Jno. Goold in bar iron.
Richard Braybrooke was released from common training, paying one bushel of Indian corn per annum to the use of the company.
Lott Killum acknowledged judgment to Capt. George Corwin.
Mr. Oliver Purchas acknowledged judgment to Mr. Edmond Batter in bar iron.
Hen. Leonard acknowledged judgment to the Worshipful Major Daniell Denison, in bar iron.
Johana Towne was appointed administratrix of the estate of Wm. Towne, her late husband, and was to bring in an inventory to the next Ipswich court.
Administration upon the estate of Jacob Barney, deceased, was granted to Eliza, the widow, and to Jacob, the son, who were to bring in an inventory to the next Ipswich court.
* Writ: John Roads, sr. v. Henery Trevett; debt; dated June 3, 1673; signed by Moses Mavericke,¿ for the court; and served by Robart Bartlett,¿ constable of Marblehead, by attach- ment of fish of defendant.
t Copy of a record of a town meeting in Lyn, held 20 : 4 : 1673, when William Craufts and John Ballard were chosen con- stables for the ensuing year. Copy made, 21 : 4 : 1673, by Thomas Laughton,# cleric.
1 Autograph.
198
SALEM QUARTERLY COURT
[June
Benjamin Parmiter and Mr. John Hathorne of Lyn had their former licenses renewed for the ensuing year .*
Mr. John Hathorne was appointed administrator of the estate of his son John, who died in the service of Richard Cutts, and was to bring in an inventory to the next Salem court.
Richard Norman had his license renewed for the ensuing year upon condition that he observe the law concerning brewing of beer.
Mr. John Higenson, Mr. John Turner, Mr. Moses Maverick, Mr. John Gedney, Mr. Wm. Browne, jr., Mr. John Corwin and Tho. Baily had their several licenses renewed for retailing strong water.
Mr. Jos. Gardner, Goodman Edmond and Mr. Latamore had their licenses renewed for keeping an ordinary.
The selectmen of Ipswich made complaint of two men, namely, Wm. Nelson and Lewis Laport, who came into their town and there remained against the mind and order of the town, not- withstanding they have been warned to leave, and according as the law provides have made their address to this court in the said case .¡
In the complaint of John Godfery v. George Hadly, court considering the case of illegal proceedings of the marshal's deputy, ordered that what had been done by said Clearke, the marshal's deputy, in levying two executions on Hadly for Godfery, be void, and that said Godfery have liberty to take out new execu- tions.
Jon. Tod of Rowly was appointed administrator of the estate of Steephen Foard of the Isle of Shoales and was ordered to bring in an inventory to the next Ipswich court.#
*Approbation, dated Lyn, 23 : 4 : 1673, of the selectmen, Rich. Walker,§ Thomas Laughton,§ Edward Baker,§ Andrew Mansfeild, Nathanill Kirtland,§ William Bassett § and William Merriam. §
¡Complaint, dated June 19, 1673, from the selectmen of Ips- wich, George Giddinge,§ John Whipple§ and John Denison,§ also Samuel Symonds, § Dep. Gov., and Nath. Wells.§ Robert Lord was appointed to prosecute.
#John Tod's petition states that Fourd had been dead above two years, and was indebted to him for 30li. He left a chest, with "some little matter in it."
§ Autograph.
199
RECORDS AND FILES
1673]
Hen. Hall, complaining against William Reeves and Georg Cross for abusing him upon the highway and beating him, to the great injury of his health, said Reeves and Cross were fined and ordered to be whipped .*
*Henery Hall'st petition to the court, he being "not able to prosecute a case in law makes bold to address himselfe to this honnerd Court: as his next help &: refuge under God: In Jan- uary last about eight of the Clocke in the night I was desired to goe a Litle way with a woman goeing to her husband because she was fearfull: I went with intent to bring her part of the way till she came to a path nere her house. [we] had not gon far: till two men of salem one horse Backe [over] tooke us: the[y] alighted gott hold of the woman and said she should [go] with them: she cried out Intreated them to let her alone: that she might goe to her husband: they said she should goe with them ... her husband was but a Cloake: then I Intreated them to let the woman alone that she might goe to her husband: soe they fell one me and beate me very much: I thought they would kill me I cried out a loud: till I could cry noe more for they had almost strangled me but by ye prouidence of God two or three were nere: which I knew not of: by a Cow that was mired [to] whom they carried meat at that time: soe they came and rescued [me so] that I had my life but haue been ill for ye most part ever since and not able to work as before and spitt bloud long after when they sett one me I had an axe one my shoulder wherewith I wrought which they tooke from me. after I was rescued looking for my axx saw somthing shine I thought it was my axe for the moone shun Bright, but when I took it up it was a naked knife whereby I did Conceiue yt they did intend to kill me had not God by his prouidence prevented it." The witnesses to the assault were James Dennis, Marie Dennis and John Norman.
James Dennis, aged about thirty years, testified that he was going into the woods with his servant to look for a cow, etc. The woman with Hall ran behind deponent's wife for shelter, and said Dennis rescued her, etc. Sworn in court.
Sarah Crocker, aged about thirty-one years, testified that last April, Henry Hall lay at her house very weak and kept his bed for a fortnight, and she thought every night that he would not live. He said there was no part of his body free from pain, but most of it was in his back or stomach, and he also spit blood. Sworn in court.
Rebecca Banfield, aged about thirty-two years, deposed that she was asked by the woman where Hall lay to administer to him something to do him good, but she found him so bad that she was afraid to meddle with him, etc. Sworn in court.
t Autograph.
200
SALEM QUARTERLY COURT
[June
Nathaniell Clearke was formerly put to John Traske of Salem with intent to bind him as apprentice until he reached the age of twenty-one years, but his father dying before indentures were completed, court ordered that said Cleark dwell with said Trask after the manner of an apprentice, be taught the trade of a cooper, to read, write and cipher, etc.
Upon information by several of Lyn and Marblehead that there is a better way found out between Lynn and Marblehead, than the late laid out common way, court appointed Mr. Ed- mond Batter, Mr. Hen. Bartholl. of Salem, Mr. Moses Maver- ick and Lt. Ward of Marblehead and Mr. Leighton of Lynn to take a view of both ways, and to make return to the next Salem court which way be most convenient, for the court to determine. The committee was ordered to bring in what charge Mr. Ralph King had been at about the former way.
Nathaniell Cleark of Newbury had license granted to kill and save sturgeon.
Mr. Knight, who occasioned warrants to be issued for this court to summon such as draw wine and beer, and several appear- ing, they were allowed charges, namely, Mr. Perkins, of Ipswich, Mr. Jno. Gedney and Mr. Joseph Gardner.
Samuell Steevens was allowed 12s. and Antho. Needham 8s. in money, for their pains in going to Boston and Andever with letters from the court.
Servants of Mr. Gardner's house were allowed 9s. 6d., and Mr. Gedneyes, the same.
To the servant of the house where Mr. Danforth lodged, 3s., and for his horse, allowed the bellringer 3s.
Will* and inventory of Will. Lord, deceased, were proved and allowed.
Henry Hall's bill of cost, 13s. 2d.
Joseph Emones deposed that coming from Marblehead about nine o'clock, he heard the noise, etc.
*Will of William (his mark) Lord, sr.,t of Salem, cutler, "being ancient," dated Mar. 2, 1668: "Imprimis, I giue vnto Abigal my beloued wife (when all my iust debts are paid) my whole Estate, that God hath given me in this world, that I shall be possessed of at ye time of my decease, that is to say all my house- ing, and lands whatsoever, shall after my decease, if she survive me, be to the use & behoofe of my said wife, the tyme of her t Seal.
201
RECORDS AND FILES
1673]
John Gillow's will * and inventory were proved and allowed.
naturall life & all the rest of my Estate, I giue to my said wife, her heyres and assignes for euer, Except some Legacies afterward exprest And my will is that my said wife, so long as she remaines a widdow, and vnmarried, shall hauc free liberty & full power to make sale of any part or parcel of my said houses & lands, for her necessary use, prouided it be with the aduice of the Ouer- seers of this my Will, (who are underneath Exprest or Implied,) but in case my said wife shall marry any other man, that after such tyme of marriage, shee shall haue noe power to sell any part or parcell of the aboue said houses & lands, that are then unsold. And further, my will is, that Abigal my said wife, shall haue power to dispose of all my said houseing & lands, that shall then remaine Unsold at ye tyme of her decease, provided it be amongst ye Children of William Lord my kinsman, who, my will is, shall after my said wiues decease inioy ye same, according to my said wiues will & discretion, deuiding amongst them, onely my kinsmans sonne William, & daughter Abigal, shall haue each ye better portion or part.
"Item, I giue vnto Mrs Felton, widdow, twenty shillings, and to M' Joseph Grafton, senior, and Richard Prince, each of them a horse or mare fold of two yeares old, to be paid them at my decease. Lastly, I doe Appoint Abigal my said wife, to be sole Executrix of this my last will & testament, & ye said Joseph Grafton & Richard Prince to be Querseers, to whom I Committ ye Care and ouersight of ye fullfilling this my will & in Case either of these my || two || frends should decease before my said wife, then she shall haue power to appoint one or more in his or their roome." Wit: John Rucke, Edw. Noricet and John Cole.t Allowed in court, upon oath of Mr. Edward Norrice and Mr. John Ruck made before Worshipfull Major Daniell Denison and Mr. Tho. Danforth, Esqrs.
Inventory of the estate of Willyam Lord, sr., of Salem, pre- sented, upon oath, by Abigaile Lord, the widow, and allowed: Dwelling house with the ground & range of houses Adjoyning, 15li .; dwelling house near the dwelling that the widow now dwells in, 40li .; 1 dwelling house by the water sid, 35li .; fower Acres of bastard marsh, 40li .; fower meares, 12li .; 2 Cowes, 6li .; one bed with furniture, 6li .; one table, six platters & other utensils, 3li .; on small trunke with Lining, 3li .; 2 beds & furni- ture, 3li .; in the shop & two Cittells, 3li. 10s .; 1 shot, 10s .; in debts, 55li .; total, 357li .; debts due from several men to ye estate, 10li .; debts to be paid, 20li.
* Will of John Gillow į of Lyn, dated Feb. 20, 1672, and proved upon oath of Robert Potter and Tho. Newell: "I Bequeth onto my louinge wife all my part of howesall goods and all my Cattell t Autograph. # Autograph and seal.
202
SALEM QUARTERLY COURT
[June
with the produse of all my housinge and lands and medowe for the Bringin up of my Chilldren ontell thaye Come of adge I Bequeth onto my son John all my howsings lands and medowe which is that hallfe that my mother gaue me of my fathers estate and my son John to haue it when that he Cometh of adge: and he payinge onto my daughter mary and to my daughter Sarah thare portions: and my wife now beinge with Childe that Childe to haue a equall share with my daughters and if it be a son then to haue his portion in land: my elldest son John is to haue a dubell porshon and the Rest of my estate to be equally deuided betwene my other Chilldren: and if aney of my Chilldren dye befoare that thaye Come of adge then thare parts to be equalley deuided betwene the liuinge: all so if my wife Remaine a widowe ontell my son John Com of adge then she is to haue on end of my howse and the Thards of my lands dueringe her widow whood. "and if the produse of my estate will not be sofishant to bringe up my Chilldren then thoase as are the ouerseers of my will haue libortey to sell som parte of my lands or medows for the bringin up of my Chilldren And if aney other estate doth fall onto me by Inheritance or other wise I giue that onto my Chilldren: my elldest son hauinge a dubell portion the other equall shares: And if my father or mother ether haue made a will or shall make a will and give thare hallfe parte of the liuinge || as I liue in || onto my son John: then my will is that that hallfe parte of the liuinge as my mother gaue me: that as is not spent of it in bringin up my Chilldren shall be equally deuided betwene my other Chilldren: this to be understode my son John is to haue the howsinge lands and medows payinge the rest of my Chilldren thare portions but if || that as || my wife is with Chilld if be a son he is to haue his portion in land: and medowe: All so I doe make my wife my execetriks: - Allso I doe apointe and make my frends Robart Burgis Thomas Newhall and Robart Potter to be ouerseers of this my will." Wit: Robart (his mark) Burgis, Robart Potter* and Thomas Newhall .*
Inventory of the estate of John Gillow, taken, Mar. 19, 1672-3, by John Fuller* and Richard Moore,* and allowed upon oath of Sarah, the relict, who declared that one-half of the estate in house and land was her husband's and the other half her husband's father's: Wearing aparrill, 4li. 10s .; a Fether bed and bolster and thre pillows, 3li. 10s .; Feather Bed and bolster and pillow with thre blankitts, 3li. 10s .; other beding, 1li. 15s .; sheets and other Linins, 2li .; pewtor and Tine things, 8s .; iron potts and ketles and a trammill, 1li. 16s .; bybells and other books, 1li. 5s .; tow bedsteads, a trundelbed and coppered table; on weavers loam and slays and Harnis and warpping bars, 2li. 14s .; Chests and boxces and a little trunck, lli .; A muskitt and sword and Amunition, 14s .; A still, 10s .; pare of stilliards and spitts, 12s .;
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