USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 24
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Rich. Pasmore was admonished upon his presentment.}
*Clement Coldam, aged about fifty years, deposed that on Sept. 10, last, hearing that John Pearce was accustomed to take the widow Stanard to his house at night and she was seen to go away in the morning, deponent went to Pearce's house and looked in at the window, etc. He called Anthony Dey and Deacon Steevens, and they saw enough to warrant a complaint against said Pearce, etc. Sworn in court.
+Thomas Wait, aged about twenty-one years, deposed that he heard Goody Hount say at her house that Elesebeth Wood- word was with child and that John Lee was the father of it. Sworn in court.
Samuel Hunt and his wife and Elizabeth Redington testified that Margritt Lambard came to their house "of a sleavelesse maids arand," which was to get some scouring sand, and dis- coursing about a sheep, Hunt's wife began to blame her for some uncomely carriages which she had noticed in said Lombard and others of the neighborhood. Margritt said that these stories were as true as what Goodwife Hunt had told about Betty Wood- ward, and said Hunt declared that she had never spoken so of said Woodward. Sworn in court.
#John Line, aged about twenty-three years, deposed that being at Mr. Simonds' house when Nathaniell Wells was examined
232
IPSWICH QUARTERLY COURT
[Sept.
Peeter Lacros was admonished for breach of the Saboth.
Thomas Attwood and his wife, presented for fornication, were sentenced to be whipped unless they pay a fine of 4li.
John Baker, being returned by Major Genrll. Denison for selling strong beer to the Indians, confessed that they had from some of his family two quarts, and was fined, 40s. to be paid presently and the other 40s. allowed to Mr. Baker, sr. It was Henry Gould who sold beer to the Indians contrary to his mas- ter's command.
Quartermaster Perkins' license was renewed for a year, also his license for liquors renewed for a year.
John Sparke had his license renewed for a year.
Nath. Wells, for abusive speeches to his servants, was fined .*
about Johnathan Fantons complaint, said Wells told that John Bridge had complained of him to the Major some years ago for some of the same things that he was now accused of. Also that "Tho. Menttor, being summoned by John Bridg as a witness against his master Wells & that then the said mentor denied the said Bridg his charge against the said Wells wherby Nath. Wells was cleared and mentor being asked how he could tender to swear to that now: which he had formerly as a wittnes denied before the major: and Tho. mentter answered before mr. simonds that it was because I Goodman Wells had threatened him as they went to towne to the majers: that if he wittnesed any thing against the said wells: he would break his boons & therfore he denied that befor the magor that he would testify now." John Ring testified to the same. Sworn in court.
Lionel Epps deposed that last Saturday as he was going from the room when divers were censured for breach of the Sabbath, he heard Thomas Minter say that he would either fight Nath- aniel Wells or be even with him before "this day seavennight at night." And Jonathan Fanton said presently if Minter said nothing but what he would stand to, that he would stand by him. Martha Epps testified to the same. Sworn in court.
Thomas Waite sr., deposed that Thomas Mentor had carried himself very irreverently and unchristianlike upon Sabbath days in the time of worship, by "setting with his hatt upon his head in the time of prayer or soe little off as scarce desernable, by talking, by laughing and allmost all the time of worship whisper- ing with those that are like himself and allso with very little boayes to the ill example of youth," also by snatching away their posies or flowers from their bosoms. He also deposed that Richard Passmore was guilty of the same misconduct, except sitting with his hat on in time of prayer.
* Thomas Baker, aged about twenty-five years, deposed that
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RECORDS AND FILES
1673]
Samuell Smith, for fornication, was sentenced to be whipped or pay a fine.
Hanah Button, for fornication, was sentenced to be whipped or pay a fine.
John Denison was released from training, paying 5s. a year.
Upon petition of John Leigh, court respitted 5li. of the 15li., until court took further order.
John Leigh was bound to be of good behavior and not to go in company with Sarah Roe.
Joseph Fowler being complained of by Tho. Belancher for beating him, the court sitting and he appearing all bloody and sorely beaten, and it being proved by several testimonies that Fowler had thrown him down in the street and struck him several blows, court considered divers circumstances, the act being done in the face of the court then sitting, and said Fowler denying and by all means evading and shifting the matter. Court ordered that he be severely whipped unless he pay 3li. in money to the country and 10s. to said Blancher for the injury done to him .*
he heard Nathaniell Wells use very unseemly speeches and call John Bridge old rogue, old witch, and old wizard, and when depo- nent was his servant, in 1672, he called him base rogue and French dog when he asked for what was due him. Sworn in court.
*John Shatsell, aged about twenty-two years, deposed that he was going home and when between the court house and Good- man Chapman's, he heard a noise and stood still to hear who it was. It was Thomase Blancher and Joseph Fowler, and laying his hand on Fowler, deponent asked whither he was going and he replied that Blancher challenged him to fight. Blancher re- plied, "aye, aye, Come: Come: lette hime goe," then went a little further and Fowler followed and struck at him and so to fighting they went. Fowler threw him down and deponent took hold of Fowler to pull him off, and the latter said Blancher was holding him by the hair. Then Edward Chapman came and deponent left Blancher lying on the ground, and Chapman took him up and asked him to go along with him. Sworn in court.
Jno. Chapman deposed that when he came out at their gate with his mother and aunt Quilter, he saw Philip Fowler and they went toward the men fighting, etc. After deponent's father came he saw nobody strike Blancher, and after they were through fighting he saw Phillip Fowler have two hats in his hand. Sworn in court.
Thomas Lull deposed that Philip Fowler gave his brother Joseph his hat and told him to be gone and also asked deponent to say nothing about what he had seen. Sworn in court.
234
HAMPTON QUARTERLY COURT
[Oct.
Phillip Fowler, being proved accessory to the fact and en- deavoring to conceal the same, was fined.
Given to the house, 10s.
Inventory of the estate of John Wright, taken by Edward Bragg, amounted to 38li. in fish. [Original on file in the Regis- try of Probate.]
Will of John Merrill of Newbury, dated Sept. 8, 1670, proved upon oath of the witnesses, Henry Sewall and Wm. Chandler. [Original on file in the Registry of Probate.]
Inventory of the estate of John Merrill, who deceased Sept. 12, 1673, appraised Sept. 13, 1673, by Henry Sewall, Archelaus Woodman and Joseph Hills, and allowed upon oath of Elizabeth, the widow, amounting to 379li. 12s. [Original on file in the Registry of Probate.]
Agreement for the division of the estate of Philip Stainewood, between Jane, the widow, now Jane Pearce, and her children, Philip, John and several others, allowed. [Original on file in the Registry of Probate.]
Inventory of the estate of Richard Gouldsmith, taken May 26, 1673, by John Abye, sr., and Walter Fairefield, and allowed upon oath of Mary, the widow, amounting to 17li. 16s. 8d. clear estate. [Original on file in the Registry of Probate.]
Robert Holmes of Newbury dying intestate, administration upon the estate was granted, Oct. 9, 1673, to Hester, the widow.
Inventory of the estate of Robert Holmes of Newbury, who de- ceased Sept. 17, 1673, taken by Benjamyn Lowle and Anthony Somerby, Sept. 21, 1673, and allowed, Oct. 9, 1673, by Hester, the widow.
COURT HELD AT HAMPTON, 14 : 8 : 1673.
The Worshipfull Daniell Gookin, Esqr., president; Major Robert Pike, Capt. Nathll. Saltonstall and Mr. Samll. Dalton, associates.
Grand jury: Leift. Benjamin Swett, foreman, John Dickison, John Stevens, Henry Browne, Peter Eyer, John Jonson, Leift.
Dority Chapman, aged about thirty-seven years, deposed that her husband, etc. Sworn in court.
Frances Quillter, aged about forty years, deposed that she asked her brother Chapman to part them, etc. Sworn in court.
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RECORDS AND FILES
1673]
Phillip Challis, Richard Currier, Robert Page, Thomas Sleeper, Christopher Palmer and Robert Smart.
Jury of trials: Leift. John Gillman, foreman, Leift. Ralfe Hall, Jno. Clough, John Eaton, John Easman, Thomas Barnard, Thomas Currier, Robert Swan, Daniell Ladd, Abraham Perkins, William Fuller, Thomas Ward and Nathll. Batcheller.
Wm. Sterling of Haverhill was fined for not appearing to serve on the jury.
Accidental jurymen impanelled: John Hoyt, jr., Andrew Grele, John Haseltine, Ephraim Winsly, Mr. Tho. Woodbridg and Mr. Tho. Norman.
John Clough v. Thomas Philbrick. Appeal from a judgment of the commissioners of Hampton for ending small cases, May 29, 1673, in a case of replevin of nine cows impounded. Verdict for defendant, the confirmation of the former judgment .*
George Martin v. Abraham Drake. For refusing satisfaction for an execution levied by him as deputy marshal general to Nath- aniell Winsly, tended to him in land, and for carrying said Mar- tyn to prison and keeping him in Hampton prison many days, contrary to law. Verdict for plaintiff.
Georg Martyn v. Nathll. Winsley. For refusing satisfaction for an execution tendered him in land and for putting him in prison. Verdict for plaintiff. Appealed to the next Court of Assistants. Nathll. Winsley and Ephraim Winsly bound.
George Martyn and Susana, his wife v. Nathll. Winsly and
*Copy of the bond of John Clough, sr., and John Severns, owned in court, 29 : 3 : 1673, before Samll. Dalton, commissioner, who also made the copy.
The following abstract is taken from a private record kept by Samuel Dalton, one of the commissioners of Hampton to end small cases, from 1673- 1680. His position was similar to that of a trial justice of the present time, from whose judgment appeals were taken to the Quarterly courts. During this period, these records will be printed in connection with the Hampton and Salisbury ocurts, in chronological order. The original volume is now preserved in the State Archives, Concord, N. H .:
On 29 : 3 : 1673, Abraham Chase, making a bold attempt when the com- missioners were seated in the meeting house, by firing off a pistol in at the window, burning a hole in the collers and breaking down some of the glass, whereby some of those who stood near were in danger, was fined.
On 11 : 4 : 1673, Humphrie Wilson was sworn constable of Exeter.
On 12 : 4 : 1673, Andrew Grely, jr., and Sarah Browne were married by Samuel Dalton.
On - : 8 : 1673, William More and Mary Veasey were married by Samuel Dalton.
On July 7, 1673, Ensign John Samborn and Moris Hobes presented a complaint against Abraham Chase upon suspicion of theft for conveying a load of red oak hogshead staves from off Hampton commons, near the old saw mill on June 1 last. Judgment for said Chase to pay 10s. to the town.
+ Autograph.
236
HAMPTON QUARTERLY COURT
[Oct.
Mary, his wife. Review of an action formerly tried in Hampton court, Oct. 10, 1671, commenced by said Martyn against Winsly, for illegally possessing and withholding houses, lands, chattels goods and other estate belonging to plaintiff, as being their pro- portion of the estate of Richard North, deceased, father of said Susanna Martyn, all which defendants withhold under color of a "pretended nonsence will" made about twenty years before the death of said North, under pretence of which Ursula North assumed a right to possess and dispose of the estate to defendants. Special verdict found. If Richard North's will be legal and legally proved and Ursula, his wife, had power to dispose of the land, they found for defendant, if not, for plaintiff. Court judged the will to be legal. Appealed to the next Court of Assistants. George Martyn and Joseph Lancaster, both of Amsbery, bound .*
Mr. Peter Coffyn v. Christopher Palmer. Debt. For 7,000 feet of merchantable pine board, which should have been paid at Mr. Hilton's mill. Verdict for plaintiff.
Mr. Peter Coffyn v. Major Robert Pike, Cornet Jno. Severans and Corporall Christopher Palmer, in behalf of the troop of Nor- folk. For withholding a debt of 13li. 10s. due him for a barrel of powder and for diet and other provisions supplied the troop when they met at a general training at Boston in July, about nine years since. Verdict for plaintiff.
Joseph Peasly v. Wm. Barnes. Debt. To be paid either in one barrel of pork or twenty bushels of Indian corn and 5 C. of nails as per bill dated May 14, 1673. Verdict for plaintiff.
Mr. Henry Dearing v. Charles Hillton. Debt. For with- holding 45li. sterling in current money in New England, the forfeiture of a bond for non-payment of 8,800 of good merchanta- ble white oak pipe staves. Withdrawn.
Charles Hilton acknowledged judgment in white oak pipe- staves to Mr. Henry Dearing.
*Thomas (his mark) Jones of Gloster, formerly called Cape Ann, certified that he had received of Ursula North of Salisbury, widow, 5li., it being a legacy given his wife Mary, by her father Richard North of Salisbury, late deceased, said Ursula being executrix of the estate. Wit: Tho. Bradburyt and William Bradbury.t Sworn by the witnesses at Salisbury court, Apr. 29, 1673, and recorded in Norfolk county records, liber 2, p. 292, May 3, 1673, by Tho. Bradbury,f rec.
t Autograph.
237
RECORDS AND FILES
1673]
Robert Smart of Exiter acknowledged judgment to Mr. Henry Dearing to be delivered at Lampreele river landing place.
Phillip Grele v. Samll. Fowler. Review of a case tried at the last Salisbury court in an action of trespass for cutting down his timber on a lot formerly belonging to the common right of Lewis Hulett and claiming a right to said land and commonage, which Fowler bought of Richard Currier. Verdict for defendant. Appealed to the next Court of Assistants. Phillip Grele and Andrew Grele, both of Salisbury, bound.
Mr. Thomas Bradbury v. Mr. William Hooke. Debt. To be paid in neat cattle or corn. Verdict for plaintiff.
Mr. Francis Weinright v. Andrew Samson. For with- holding a debt in cod fish, two ryalls under price current, per quintal. Withdrawn.
Andrew Samson acknowledged judgment to Francis Wein- right.
John Samborne and Morris Hobbs, in behalf of the town of Hampton v. Daniell Tilton. Trespass. For fencing and break- ing up a part of Hampton commons, four or five acres upon a plain near Tayler's river above the old saw mill, and for claiming the same without any grant from the town of Hampton. Ver- dict for defendant. Appealed to the next Court of Assistants. John Samborne and Morris Hobbs, both of Hampton, bound .*
John Samborn, Edward Colcord and Morris Hobbs, in behalf of the town of Hampton v. John Redman, sr., and Sabina, his wife, as executrix to the last will of Willi. Marston, sr. Trespass. For said Marston building upon, fencing and improving some of Hampton commons on the north side of Little Bore's head near the pond there, after being legally forewarned by the town, the executrix still keeping the same in possession and refusing to surrrender it, and for claiming it by living upon it and putting it into her husband, Willi. Marstons sr.'s, inventory as his land or meadow, without any grant to Marston or to any one else from
*Writ, dated 8 :8 :1673, signed by Samll. Dalton,t for the court, and served by Abraham Drake,t marshal of Norfolk. Daniell Tilton's bill of cost.
John Sambourn, sr., Moris Hobs and Henry Dow testified that Daniell Tilton owned that he fenced the land in controversy. Sworn in court.
+ Autograph.
238
HAMPTON QUARTERLY COURT
[Oct.
the town. Defendant objected that neither his person nor any of his estate was attached. Verdict for defendant .*
John Brown, sr. v. Thomas Marston and Nathll. Batcheller, prudential men of Hampton. For refusing to lay him out and make good a highway to his farm in Hampton bounds toward Salisbury. Verdict for defendant.
Moses Gillman v. John Pudney. Debt. Due said Gillman as appears by a bill under the hand of said Putney and Richard Pillford, for not performing a bargain of fencing for plaintiff at Exiter, which should have been set up about thirteen or fourteen years ago. Withdrawn.
Robert Evens or his attorney v. Henry Roby and Nathll. Boulter. Debt. For ten pounds due per bond for not prose- cuting their appeal at the Court of Assistants in March, 1672. Verdict for plaintiff. Appealed to the next Court of Assistants. Henry Roby, Nathll. Boulter and Christopher Palmer bound.
Edward Colcord v. Jno. Stanian and Henry Roby. For prose- cuting an illegal warrant or execution. Verdict for plaintiff. Appealed to the next Court of Assistants. John Stanian, Henry Roby and Christopher Palmer bound.
Mr. John Gillman and John Young & Co. v. John Samborne and Henry Roby. Review of a case tried at Salisbury court in 1670, concerning the title of a tract of land at Bride hill near the country highway. Agreed by both parties to refer the case to the bench. The bench found for defendant.
Major Robert Pike v. Edward Gove. Trespass. For cutting and carrying away his wood or timber upon this land, thereby endeavoring to disparage his title by claiming it to be his, said land being the second lot in number of Hall's farm and lands ad- jacent and called by the name of Cobham's, in Salisbury. Special verdict found. If Andrew Grele and John Ilsly taking pay of Major Pike for the lot which was called Cobham's gives Major Pike a legal right, they find for plaintiff, if not, for defendant. Court found for defendant. Appealed to the next Court of Assistants. Major Pike of Salisbury, and Wm. Samborne of Hampton bound.
Joseph Severans v. Timothy Batt. For false imprisonment upon pretence of a debt, when there was no debt due. Verdict
*Bill of cost of John Samborn, Edward Colcord and Moris Hobs.
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RECORDS AND FILES
1673]
for plaintiff. Appealed to the next Court of Assistants. Mr. Tho. Norman, attorney to Timothy Batt, and Edward Colcord bound.
Major Pike of Salisbury, attorney to Mr. Bartholemew Collier of London, merchant v. Richard White. Breach of a bond of 180li. dated Aug. 24, 1659, to be paid to Mr. Samll. Hall of Salis- bury for the use of said Collier, in fish at the Isle of Scholes. Verdict for defendant.
Phillip Towle, assignee of Edward Clarke v. Daniell Hendrick, sr., and Jonath. Hendrick. Debt. In corn or cattle, in con- sideration of a horse which said Hendrick bought of plaintiff. Withdrawn.
Samll. Shepherd of Haverhill acknowledged judgment to Mr. Samll. Dalton, to be paid in Indian corn.
Robert Jones and Phillip Grele acknowledged judgment to Mr. Henry Deering, to be paid in pine board.
John Severans, sr., and Joseph Severans were bound for the latter's appearance.
John Godfrey appeared in court to answer two attachments served upon him by Edward Clarke and one attachment served upon him by Abraham Witticker.
Thomas Ward of Hampton and Richard Currier of Amsbury, administrators of the estate of Giles Fuller, were bound for ap- pearance at the next Hampton court, when they were to have the estate ready to be disposed of according to court's order.
Anthony Tayler was sworn constable of Hampton.
Administration upon the estate of Nicolas Smith of Exiter, late deceased, was granted to Mary Smith, the widow.
Nathll. Griffyn of Salisbury, joiner, convicted of misdemeanors in fighting with Robert Downer and being at Benjamin Collins' house at an unseasonable time of night, where there was much miscarriage, was sentenced to pay a fine of 10s.
Joseph Severans, being convicted before this court for speak- ing words in a boasting manner of his lascivious and unclean prac- tices, was sentenced as follows: that he shall stand at the meet- ing house door at Hampton, half an hour before the lecture with this inscription written in capital letters pinned upon his breast, "THIS PERSON IS CONVICTED FOR SPEAKING WORDS IN A BOASTING MANNER OF HIS LASCIVIOUS & UN- CLEANE PRACTICES." He was also fined and bound to good
240
HAMPTON QUARTERLY COURT
[Oct.
behavior and to appear at the next Salisbury court. Joseph Severans, John Severans, sr., and John Stanian bound.
Concerning the estate of John Dowe of Haverhill, court or- dered that after the debts are paid, the remainder be equally di- vided between John Dowe's widow and his son. Samll. Shep- herd of Haverhill and Onesephorus Page of Salisbury bound.
Court being informed that there was no watchhouse at Salis- bury, the town was ordered to provide one before Mar. 1 next or pay a fine of 5li.
Capt. Saltonstall was granted liberty until Salisbury court next to perfect Button's inventory.
Robert Smith was dismissed from all ordinary trainings, allow- ing to the military company of Hampton 4s. per annum.
Upon complaint of the aged widow Tuck that she wants nec- essary comforts and that John Samborn, administrator of her late husband Robert Tuck's estate does not take due care for her, though there is sufficient estate to do it, it was ordered that the selectmen of Hampton see that she has all neccessary supplies, and the administrator was ordered to pay the same out of the estate, with power to sell land, if necessary.
Marshal Drake was to have 5li. for his services.
Mr. Dalton was ordered to take security of Teague Disco of 40li. and a mortgage of his land to answer an accusation made against him by the servant of Moses Gillman of Exiter named Mary Parker, who declared that she is with child by him. If he failed to give security, he was to be committed to prison. Mr. Dalton was also to take Mary Parker's testimony.
Abraham Drake, upon his motion, was freed from the office of marshal, and Henry Dowe of Hampton was appointed and sworn marshal of Norfolk, Oct. 18, 1673. Marshal Drake was con- tinued in his place for the execution of warrants already in his hand.
John Young was discharged of his bond for good behavior.
Cornelious Croho was discharged from all trainings and watch- ings, but he was to allow two days' work yearly to the military company of Exiter, if the chief officer shall require the same.
Court ordered that the administrator of the estate of Matthias Button shall improve the estate according to his discretion by letting it out or changing it into other specie, taking sufficient security.
241
RECORDS AND FILES
1673]
Court ordered that the maintenance of the child of Judeth Robie by John Young shall be continued until the next Salisbury court.
Samll. Dalton, treasurer, presented the constable of Exiter, Edward Smithe, for not clearing his accounts as the law requires, 14 : 8 : 1673, and Smithe was fined 40s. by Daniell Gookin, president.
Major Robert Pike and Mr. Thomas Bradbury ordered a county rate of 50li. to be made.
On Sept. 1, 1673, at the desire of Mary Andros, widow of Jededia Andros, administration upon his estate was granted her until the next Hampton court, by Major Pike and Mr. Samll. Dalton.
Edward Gove was to appear at Salisbury court next to answer to his bond for good behavior.
Writ: Edward Clarke of Haverhill v. John Godfery; debt; dated June 23, 1673; signed by Nath. Saltonstall,* for the court; and served by John Bond,* constable of Haverhill.
Bond, dated Sept. 5, 1673, given by John (his mark) Godfry of Salem, for appearance on complaint of Edward Clark. Wit: John Willeme* and Johcfe Bond.
Execution, dated May 23, 1673, against Nathll. Boulter, to satisfy judgment granted Jonathan Thing, Henry Moulton and Tho. Bradbury at Salisbury court, April 8, 1673, signed by Tho. Bradbury,* for the court. No return made.
Execution, not signed, dated May 1, 1673, against Henry Roby and Nathll. Boulter, to satisfy judgment granted Robert Evens at Hampton court, 8 : 8 : 1672. No return made.
At a General Court held at Boston, Sept. 30, 1653, in answer to the request of the deputy of Hampton, it was ordered that the return of the commissioners appointed to lay out the west end of Hampton bounds be recorded, and was approved as fol- lows: "We whose names are here under written being chosen by the Gen" Court to lay out the west end of Hampton bounds upon our best Information Haue concluded that ye west line shall Run from the Extent of the line formerly agreed upon to come within two mils of Exiter meeting House upon a direct line to that part of ass brooke where the highway goes ouer and from thence upon a direct line so as to leue exiter false a mile and a Half due north of the same and frome thence upon a west and by north line as far as the uttmost extent of Salsbery That was we intended the fals att the towne bridg. Samuel winsly, Tho. Bradbury, Robard Pike." Copy made by Edward Rawson, secretary. This copy of a copy taken from Salisbury court records by Tho. Bradbury,* rec.
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