Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5, Part 3

Author: Essex County (Mass.). Quarterly Courts; Essex Institute; Dow, George Francis, 1868-1936
Publication date: 1916
Publisher: Salem, Mass. : Essex Institute
Number of Pages: 520


USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 3


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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Walter Write, aged about thirty years, deposed the same. Sworn, 25 : 1 : 1672, before Simon Bradstreete.#


# Autograph.


21


RECORDS AND FILES


1672]


Ordered that at the next training day at Topsfield, the soldiers of the Village shall attend there and declare whether for the future they will train there or not. And as the major part of the said Village soldiers shall determine by vote, it shall be bind- ing during the court's pleasure.


Richard Bedford, presented for living apart from his wife, was ordered to repair to his wife by the first opportunity of shipping upon penalty of 20li.


Sergt. Thomas White acknowledged judgment to John West.


Daniell Borman, constable of Topsfield, was fined for not returning his warrant for juryman.


Thomas Judkin had his license renewed for a year, also his license to draw liquor.


John Sorlah had his license renewed for a year, also his license for liquors.


Edward Hassen had his license renewed for a year, also to draw liquors for a year.


Frances Wainwright had his license renewed for a year.


Hugh Marsh had his license renewed for a year.


Wm. Lackester, convicted of stealing linen from Robert Ayre, was ordered to pay a fine and 15s. to the constable of An- dover.


John Leigh, being called to bring in his prisoner, Wm. Holdred, and failing, court ordered his bond forfeited, he to pay charges to the constable of Andover.


Patrick Morrin, for offering abuse to the wife of James Watters, was ordered to be whipped and pay a fine. Upon his petition court remitted the corporal punishment .*


*Examination of Mary, wife of James Waters: "on Thursday last about noone, Patricke morril came to her house, her husband then being within, and her husband desired to entertain him courteously, I never saw him before; my husband went out of the house to a cellar out of doores to tap a barrel of cyder to make him drinke, the sd Patricke continuing in the house with me and my child about 2 years old he called the child to him and asked the child," etc. He assaulted said Mary, who told her husband of it, and asked him not to leave her alone with him. "On Munday morning last my husband went by the iron works to cutt wood and as he sth saw & spake wth Patrick Morril


22


IPSWICH QUARTERLY COURT


[Mar.


John Cheny dying intestate, court granted administration of the estate to Mary, the wife. An inventory amounting to 97li. 12s. 4d. was presented and there were three children left, John,


at the iron works, about noone I saw the sd Patrick coming towards our doore wch I kept shutt, and he knocking I answered not, then he came and looked into the window and asked if my husband was not at home, I answered no: he then sd may not a man light his pipe I sd, I was not against lighting his pipe in a civil way (for I was afrayd of him being alone wth my child and no neighbours within call) so without bidding he opened the doore and came in, and went not to the fire nor offered to light his pipe but came directly to me and the child cryed let my mother alone, then he tooke a wedg out of my hand, and sd he would splitt my brains about the house & tramp them as smal as ashes then I rose to goe out of doors and he stopped me and called me impudent & brasen faced baud, he stepping to the fire I caught up my child & went out of doores, and then he followed and fetched his horse and came up to the doore wch I was shutting & told me I would not best go any whither, but I sayd I would goe to the neighbours and as I was going he sitting on his horse sd that if he had not his will of me now, the next time he mett me he would be the death of me, so I went to Ed- mund Townes house and he rod thither before me and stood in the doore, and sd I should not come there I was better to goe home I spake aloud that I would come for all him or any such as he was, when I came in he went out & fetched his horse and came againe and I was telling Goodwife towne how the sd Patrick had done by me, hee asked what it was that I sayd and Good- wife Towne replyed if it be as shee say, you are a naughty man being asked why when she saw Patrick She did not locke her doore, she sd she was afrayd & knew he might if he would come in at the window." Sworn, Dec. 19, 1671, before Daniel Denison .*


Mary Townes, aged thirty-three years, and her daughter Mary, aged about sixteen years, and Sarah, aged about fifteen years, deposed, on Dec. 18, 1671, that Patrek Morell came into their house upon one second day in the afternoon some time in Decem- ber last and said that his master Lenord sent him to see if they had any cider to sell, and as he was speaking Goodwife Waters came in. The latter was crying and deponents thinking her husband might have been knocked on the head, asked her what the matter was, etc. Sworn in court.


James Watters' bill of cost, 2li. 11s. 8d.


Patrick Moron's petition that the bill of cost put in against him at the last Ipswich court by James Waters or John How be reduced, as he was charged more than the law allows.


* Autograph.


23


RECORDS AND FILES


1672]


Mary and Martha. Court ordered to the son 20li. at the age of twenty-one, and to the daughters 10li. each at age or marriage with their mother's consent, the estate to remain in the mother's hand till they come to age, provided that if she married, security be given for the childrens' portions.


John Gillye and Thomas Clarke, jr. testified upon oath in court that they often heard John Tibb say that he was to serve his master, Capt. John Appleton, seven years. Court ordered that the said Tibb for his wife running away and charges his master was put to thereby, should serve his master one quarter of a year longer than his term.


James Carr acknowledged judgment to Ens. John Gould, for which he engaged to serve him one year.


Richard Bedfourd acknowledged judgment to Abraham Per- kins.


The town of Newbury having neglected to repair the "causei" over the marsh near Thurlayes bridge, upon penalty of 5li., was ordered to pay the fine. It was further ordered that it be forth- with made passable for safe travelling and to be fully finished and made substantial by Salem court next upon penalty of 10li. more.


Edward Stone, complained of for running away fourteen or fifteen times from his master Nathaniell Tredwell, was ordered to serve his said master one year after the term of his inden- ture.


John Hobs, for contempt in not appearing according to sum- mons, was fined .*


Ordered that the treasurer pay 14s. to John Pearson.


Whereas the bridge near Thurlayes is in danger, court im- powered John Pearson of Rowly to see it made sufficient, and the constables of Newbury and Rowley, to be assistants, with power to impress such help as necessary. It was to be finished by mid-summer, and those who neglected their duty should be liable to a fine.


Thomas Chubb, for stealing a horse, was to pay 8li. to Zachry Herick and 5li. to the country. For his misdemeanor toward


*John Hobs of Newbery was presented for swearing by God's blood and for night walking, threatening several persons. Wit: Beriah Browne and John Dole.


24


IPSWICH QUARTERLY COURT


[Mar.


Robert Hebbard's daughter, court ordered that he be severely whipped, pay 40s. to said Hubbard's daughter, and be imprisoned until all be discharged .*


*Warrant, dated 18 : 1 : 1672, for the apprehension of Thomas Chub, upon complaint of Zachariah Herrick of Beverly, signed by Thomas Danforth,f assistant. Edward Mitchellsonne, t mar- shal general, appointed William Dodg his deputy.


Henery Herrick, aged about thirty years, deposed that he bred the horse. Joseph Herrick and William Dodg testified to the same. Sworn in court.


William Dodg and Joseph Herrick deposed that being at Rox- bere, and meeting with Samuell Dunckcum, the latter said that he bought a horse of Thomas Chub. They asked him where the horse was and he said it was in the keeping of Joseph Grigs and when they saw it, Chub owned that he exchanged it for a mare. Sworn in court.


Warrant, dated 19 : 1 : 1671-2, to Mr. Wilson, keeper of Ipswich goal, for the imprisonment of Thomas Chub, signed by Wm. Hathorne,f assistant.


Complaint against John Rayment and Thomas Chub: On Nov. 21, 1670, John Rayment came to the house of Robert Heb- berd about noon and seeing the men of the house gone, went away, but returned at an unseasonable time of night when the people were in bed, bringing Tom Chub along with him. They changed their voices, said they were friends and had lost their way, and asked to come in and light their pipes. They assaulted Hannah and Elizabeth Hebberd, cruelly abusing them. Chub's breath was strong with drink. Sworn by Hannah and Elizabeth Hebberd, 26 : 1 : 1671, before Wm. Hathorne,f assistant.


Samuell Heberd and Moses Morgan, aged about fifteen years, deposed that the next night John Rayment came again, but the Hebords took no notice of him. Sworn, 17 : 5 : 1671, before Wm. Hathorne,f assistant.


Bridgett Love, aged about eighty-four years, deposed that Chub and Rayment came noisily into the chamber where she slept, supposing that the maids were there. "I caled & cried out hoe is thare: hoe is thare. John Hebbert hoe be you hoe be you but I heard noe Answer: which made me Redy to tremble what was the meneing of it." She would have come out, but her eyesight failed her and she had a young child in bed with her. Sworn, June 24, 1671, before Samuel Symonds, f assistant.


Bridget Luff, aged about eighty-four years, deposed that on the day following John Rayment, jr., came to Robert Hebbert's house and said to Hanah Hebbart, "dost think to have two Cows of mee dost but the shall haue no more of me then what


+ Autograph.


25


RECORDS AND FILES


1672]


In the complaint of Lieut. Thomas Puttnam v. Joseph and John Hutcheson about annoyance upon a common highway at Beaver dam, putting themselves upon trial by a jury and the case committed, the jury found the common highway at Beaver dam to be unsafe for travellers by reason of a mill and dam of theirs, court ordered that the dam be pulled down that caused the water to overflow so as to make the way impassable, or else sufficiently mend it as to be judged safe by Sergt. Richard Leach and Wm. Flint. It was to be completed by the next Salem court .*


the law will giue thee." She replied that he never owned a cow. Then he told her that he had heard that she had been to the grandjuryman to complain of him and when he found he could not frighten her, he began to flatter her and offered to get the grandjuryman and have it settled before her parents came home. Then Avis, wife of Thomas Chubb, sr., being there, said Hannah had better settle it, for she had heard such a case tried before and it would go against Hannah. About the same time John Rayment's cousin Mary Cook came in, and John asked for some cider to make his cousin drink. Hannah Hebert would not sell it to them at first, but at last she let them have a little, whereupon he said he would have her presented for selling cider, etc. Sworn, June 24, 1671, before Samuel Symonds, f assistant.


*On 10 : 4 : 1668, "Its ord'd by the Select men of Salem that a highway shall be Laid out begining at Richard Hutchinsons feild and soe to Runn to the Beauer Damn near to Sergt porters Meadow & soe to the extent of the bownds And Willm Flint & Sergt. Richard Leach are Impowred to Lay it out And to make a returne to the select men. Copy from Salem town book, taken Mar. 22, 1671-2, by Wm. Browne, Junr.f


Lt. Thos. Putnam's bill of cost, 26s.


Tho. Putnam's complaint: He was riding over at Beaver dam with his wife and the water had so drawn away the gravel that was laid on the causeway on the lodges that his horse fell in with his hind legs near a foot and a half deep when his wife was behind him, so that they and the horse might have been spoiled. "Allso I haue no dart way ouer: the bridg is part of it Careyed out the Place: there is no fout way ouer but by wadding: the Cunstebel nath Ingrson Com to my house & said he was faint to put ofe his shoues & stockinges to Com ouer: I was greatly deprived of my neborhod; I am also deprived of the benefit of my on land where I formerly liued hauing Eight or tenn akers fenced in that hath much Inglish gras for sheep & lames


¡ Autograph.


26


IPSWICH QUARTERLY COURT


[Mar.


& nether sheep nor lames Can pase in the hieway with safty at beuer dam: I was faint to Carey my goodes to toune on horse bake that went with mr grafton wich is a great damag to me to go so often: & if I should be shut up wich I shall if they Can for ther Counant with John Porter senor is from a bout the first of nouember to the tenth of apriel: to be this long kept Prisnor will be the way to Ruene me & mine for euer, hau- ing no other way laid out to my farme but that: & they that spoyle the way Is Joseph huchinson & John huchinson by stoping the water with there dam at there saw mill from time to time before the mill went & sinc," etc. Sworn, 20 : 1 : 1671 before Wm. Hathorne,* assistant.


Complaint, dated Topesfeld, 12 : 1 : 1671-2 of Willam (his mark) Nickles, John (his mark) Nickles, Zachery (his mark) Curtis, sr., of Rowley: "for want of the hiewaye at beuer dam wich is there waye to salam to the in Joyeing godes ordenences to the mill & to the market: the bridg being part of it Careyed out of the Place the water being Rased neare a foote aboue the timber that is left: the water being Rased in the hiewaye neare twelue fete together except upone on banke wich is a verey great damag unto them in there busines & might be a great damag to there Cattel & there one persones if they should venter ouer wich they dare not do: there fore they humbly sue for relefe it being both a toune & Cuntry hiewaye." This complaint was received, 20 : 1 : 1671-2, by Wm. Hathorne,* assistant.


Summons, dated 20 : 1 : 1671-2, to Joseph and John Hutchin- son, signed by Wm. Hathorne,* assistant.


"By an order of the selectmen dated the 10 4 mo 68 Sergant lech & Willum flint were to laye out a hiewaye from Richard hutch- sones feeld to the extent of the boundes the way is layed out as foleth: from a great whit oak stump be twixt the said hutchsons feld where the waye turnes to beuer dam we apoynt the waye to Rune where it is to the top of the hill neare where free mens hous was & so by the side of the fil to two trees at beuer dam : the trees be one on one sid the brouk & the other on the other sid neare the bound tree betwixt Tho Putnam & Robert Prince & from there to the uper end of Thomas Putnams feld two pole with out the fenc to a bound tree that be longes to Tho Putnam Robert Princ Jo Putnam & henry keney the stump to be in the midel of the hieway & the way to Run straight from thenc be- twixt two walenut trees marked entring in to a ualea on the East sid of Tho Putnams bound tree: & from the north end of the ualea to a rock neare mr Rukes boundes that is in the way with a litel tre marked on the south East sid the waye neare the Rock from thenc Cros mr Ruckes land as the waye Runes to a Red oake marked neare to a great whit oake burned at the bottom that stands neare about the line be twixt nath Putnam & mr.


* Autograph.


27


RECORDS AND FILES


1672]


Ruck & this hiway to be tow pole wid from one end to the other witnes our handes 22th 8 mo 68 William flint* the mak of Rich- ard leach."


George Corwin,* Thomas Putnam* and Henry Bartholmew,* a committee appointed by Salem to treat with Andover in relation to a better way from Andover to Salem, reported that they met, the Worshipful Mr. Bradstreete being present, and agreed "that the way from Andouer to Salem should Run from Andouer to Steeuens meadow and from thence vnto a new bridge which was concluded to be built ouer the riuer by the toune of Salem which bridge is built and finished and from the sd bridge it was agreed that the way should run unto Liftent Putmans feilde leauinge a meadow caled Major Hathornes meadow to the westward of the hieway and soe to run betweene the land of Liftnt Putman and Henry Keny unto Beauer dam bridge and from thence alonge the way laide out by order of the toune vnto Salem."


Copy of an agreement made 1 : 10 : 1670, between John Porter, sr., of the one part, and Joseph and John Hutchinson of the other part, and witnessed by Henry Bartholmew, John Putman and Rich. Leech, that said Porter pay to said Hutchinsons 40s. toward repair of the dam and also pay one-half the charge of the repair of the sluice and making it sufficient; that liberty be given said Hutchinsons to set up a saw mill on the said dam at their own charge, "pvided that they dam not upp the water untill the first of Novembr and that they lett it out on the tenth of the second mº followinge that by longer stoppinge the water the sd Porters meadow doe not suffer damage unless the sd Porter shall consent to any longer time.


"3ly That soe longe as the sd Hutchinsons doe continue a mill on that dam they doe consent and agree to mainetaine and pre- serue the sd dam and sluce at theire owne charge.


4ly Further the sd Hutchisons doe confirme unto the sd Porter his heires and assignes forever the pcell of lande or meadow that he bought of their father beinge all that lieth within the fence runninge by the dam and that they will giue him a firme bill of sale for the same acordinge to law.


51y Libertie is hereby giuen by the sd Porter to the sd Hutchi- sons to raise the sd dam in hithe not exceedinge two foote hier then it now is and to doe it at their owne charge and to use all due meanes for the preservation of it from time to time and while the sd Hutchisons doe continue a mill there the sd Porter is not to dispose of any pt of the said dam to himself or any other person and whensoeuer the sd Hutchisons see cause to lay downe theire mill they are to leaue the dam in as good repaire and also the sluce as they Receive it from the sd Porter."


Copy of the record of the Salem court, 27 : 4 : 1671, in this matter, made by Hilliard Veren,* cleric.


* Autograph.


28


IPSWICH QUARTERLY COURT


[Mar.


Joseph Houlton and Nathaniell Ingarson testified that they viewed the highway the day after the complaint was made, "and thar wos no defect in it that we Could desarne but at the Eands of the Bridge thar wos fouer or fiu holes that a beast foot might slipe in which holes wos abought the bignis of a beast foot & the water at that tim wanted fiue or six inches of the tope of the bridge." They viewed it again 11 : 1 : 1671-2, "which we did withought any danger to ouer selues or horsis for the holes that is mentioned in the first veuinge was stopped & a firme Causway mad at both hendes of the Bridig & the bridge it selfe nothinge moued but only the louermost pece wos floted by Reason of the waters flouinge ouer the tope of the Bridge which wos at that time a bought our horsis mid lege. We doe further testifie that thar is a brook lieying neare the bridg which brooke we went thorough the depth of the water in that Brook did but just Reach to the horses Belye: we doe further testifie that going thorough the brook we meat Thomas putnam Jun' & he Asked us whether we Came ouer the bridge & whether it was safe goinge thare we tould him that thare wos noe danger as we did apprehend for we Came but Just now ouer the bridge: but he did not goe ouer but weent another way." Sworn, 22 : 1 : 1671-2, before Wm. Hathorne,* assistant.


John Putnam deposed that "sume time the last sumere I was at my brother thomas his hous: ther Come Capt Curwine and Mr bartellmew and they told me they ware to meett anddeuer men to treate about a hiyway which thay did: thay mett and- deuer men at the place appoynted: whare thay shewed to and- deuer men a new way from the riuer to a plac Caled steueneses meode which anddeuer men did excpt of to my understanding: but from the riuer to Salem ward ther was now agreement mad betwen Salem and anddeuer men that I hard yet I was with them all the time thay ware to gether that daye."


Jonathan Wildes, aged about twenty-one years, and Edward Putnam, aged about seventeen years, deposed that they went to the highway at Bever dam to see how high the water was and they found part of the bridge carried out of place and that the water stood above the timber that was left, by measure about a foot. In the highway they measured the water beside the bridge and it was three feet deep, also it was about twelve or thirteen rods flooded along the highway, and they dared not ride their horses over, etc. Sworn, 18 : 1 : 1671-2, before Wm. Hathorne,* assistant.


Zacheus Curtes, aged about fifty-three years, deposed that he was riding from Salem and came to Bever dam bridge where he passed with great danger. The water was so deep that his horse fell down and the water was over his head and if his foot had caught in the stirrup, he might have lost his life on the coun-


* Autograph.


29


RECORDS AND FILES


1672]


Richard Kent was freed from trooping, paying four bushels of good malt to the use of the troop.


Mr. Baker had his license renewed for a year.


Ens. Goold had his license for beer and cider renewed for a year.


Mr. Peeter Duncan had his license renewed for a year.


Lott Connett attaching Walter Fairefield and not prosecuting, the latter was allowed costs.


John Dodge attaching Walter Fairefield and not prosecuting, the latter was allowed costs.


John Haukes was appointed administrator of the estate of Mr. Adam Haukes, late of Linn, and certain articles of agreement were allowed. He was to give to his mother Mrs. Sarah Haukes, certain land in Lyn; to Sarah Hauks, the daughter, 90li .; to Moses Hauks, son of John Hauks, by Rebekah, daughter of Mr. Moses Mavericke, one half of the farm of deceased in Lyn, at age; to Mr. Wm. Cogswell for the use of his wife, 90li .; to Frances Huchesson, 20li .; to Samuell Hutchesson, 5li .; to Thomas Hutchesson, 5li .; to Edward Hutchisson, 5li .; to Elizabeth Hart, 5li .; all the residue to John Haukes. This agreement was signed, Mar. 27, 1672, by Moses Maverick, John Hauks, Sarah Hauks, Wm. Cogswell and Francis Hutchinson. [Original on file in the Registry of Probate.]


Inventory of the estate of Adam Hauks, taken Mar. 18, 1671- 2, by Thomas Newhall and Jerimiah Sweyen, and allowed in


try way. And so I Road to left Putnam & dryed my selef & stayed all night wich I thought not to haue don before." Sworn, 20 : 1 : 1671-2, before Wm. Hathorne,* assistant.


William Nicoles, aged about seventy years, deposed that "he was Riding to Mr. Endecottes & henry keney told him he Could not get ouer at beuer dam: but I Road to se & when I Came there the water was Rased so hie with the dam stoping of it at the sae mill: I durst not Rid ouer the bridg but went about by John Putnams: & sinc I was Riding to mill with a grist & durst not Rid ouer but went with my grist by John Putnams: I haue Corne to Carey to Salem with my Cart the bridge at beuer dam is so spoyled that I Can not go ouer with my cart: & haue no other way but that exept I go a great way about where is wores way for me & my oxen than that was: the time that I have bin put by at this bridg hath bine this mo. of March 71- 72." Sworn, 20 : 1 : 1671-2, before Wm. Hathorne,* assistant.


* Autograph.


30


SALISBURY QUARTERLY COURT


[Apr.


this court: Household utensils, tools, furniture, land and build- ings, etc., total, 817li. 11s. [Original on file in the Registry of Probate.]


Inventory of the estate of John Cheny of Newbury, who de- ceased Jan. 17, 1671, taken by Wm. Tittcombe, Anthony Somer- bye, George Little and John Webster, and allowed in this court: Land in Newbury, domestic animals, household utensils, grain, etc., total, 124li. 10s. 8d. after his mother's decease, his brother Daniel was to pay his heirs, 30li .; debt due from Richard Bart- lett; debts due to Ens. Greenleafe, Tristram Coffin, Richard Kent, Mr. Woodman, Anthony Somerby, Amos Stickney, Wm. Chandler, Anthony Morse, sr., Israell Webster, John Knight, sr., Nath. Cheny, Mrs. Cottle, Capt. White, John Emery, sr., John Pearson, Richard Dole, Goodman Hassen, Joseph Plumer, Henry Jaquis, Mary Duell, John Webster, Daniel Lunt, John Dole and Doctor Bennett. [Original on file in the Registry of Probate.]


Court adjourned to May 1 at 10 o'clock.


COURT HELD AT SALISBURY, APR., 1672.


Mr. Moses Gillman's bill of cost against John Cluff, 1li. 8s. 8d. John Sefarunce's bill of cost against Joseph Dafis, 2li. 3d.


Wm. Gerrish's bill of cost, 1li. 5s. 10d.


Will Neph's bill of cost, 9li.


George Pearson's bill of cost against Sam. Leavett, 2li. 6s. 5d. Bill of cost of James Davis, sr., 19s. 4d.


Leftenant Challes' bill of cost against the town of Amesbury, 7s. John Seference's bill of cost against Gorg Walten, 3s.


John Knowel's bill of cost against George Walton, 15s. 8d. Nath. Winslo's bill of cost against John Jemson, 18s.


Isak Cossons' bill of cost against Robard Clemant, 16s.


Henry Dering's bill of cost against Samll. Foulsham, 1li. 13s. 6d.


Writ: Capt. Wm. Gerrish of Newbery v. Thomas Davis and Mr. Richd. Dole, administrators of the estate of Joseph Davis of Haverhill; debt; dated Oct. 11, 1671; signed by Nath. Sal- tonstall,* for the court; and served by John (his mark) Williams, by attachment of meadow between George Corlis' and Jno. Haselton's. On Apr. 2, 1672, John Williams appointed Wm. (his mark) Neff, his deputy, who attached two calves, a tum- brill, wheels, an iron pot, pot hooks, trammils, iron slice, fire tongs, belonging to the estate of said Davis.




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