USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 30
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Court adjourned to May 5.
COURT HELD AT SALISBURY, 14 : 2 : 1674.
Daniell Gookin, Esqr., president; Major Robert Pike, Capt. Nathll. Saltonstall and Mr. Samuel Dalton, associates.
gent asked her to examine his servant, Christon Marshman, which she did with said Sargent's wife. Said Christon declared that John Stainwood was the father of the child. Sworn in court. *Samuell Hunt, sr., Samuell Hunt, jr., John Loynes and Daniell Weicom were presented for taking away a horse from the stable of Lieftenant Samuell Appleton by night, and giving it to Daniell Weicom where it was found. Wit: John Loines, who confessed in the presence of Lt. Samuell Appleton, Mr. Samuell Rogers and Samuell Apleton, jr.
From Samuel Dalton's commissioner's records. See ante p. 235. William Walles and Jane Drake married 15 : 10 : 1673.
Isaack Green and Mary Casse married 18 : 12 : 1673.
William Houldredg, jr., of Exeter and Lidia Quenby of Amesbury married 10 :2 :1674.
On 13 : 9 : 1673, Elizabeth Garland widow, and John Garland, her son v. Ensign John Samborn, in behalf of the town of Hampton, in an action of replevin upon 2,000 white red oak staves, which were seized at the landing place near William Fuller's land. Elizabeth Garland appointed Henery Roby her attorney. Judgment for plaintiffs.
On 27 : 12 : 1673, Samuel Leavett v. Henery Sparkes, for taking away his bridle from Goodman Robie in a disorderly way, under suspicion of theft. Judgment for plaintiff.
293
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Grand jury: Capt. Christopher Hussey, foreman, Henry Palmer, John Ilsly, Samll. Felloes, John Gill, Jarrett Haddon, John Hoyt, sr., Daniell Hendrick, John Samborn, John Cass, Robert Smithe and John Robison.
Jury of trials: Mr. Anthony Stanian, foreman, Benjamin Swett, Tho. Marston, Andrew Grele, James Davis, Samll. Hutch- ins, William Sargent, John Kimball, Mr. John Stockman, George Carr, jr., Robert Downer and John Young. Samll. Foot, in Grele's cases, and Peter Jonson and Jno. Smith, in Major Pike's case.
Thomas Barnard, jr. v. Joseph Peasly. Trespass. For fell- ing and carrying away his timber from his land in Amsbery bounds, near a place called Hoult's rocks, and adjoining a lot which was formerly called Edward Cottle's, now belonging to William Sargent, and thereby claiming the land to be his. Ver- dict for plaintiff, the land in controversy.
Nathall. Winsly v. John Souter. For letting George Martyn go out of his custody and not satisfying said Winsly in money due by execution under the hand of Mr. Rawson, secretary, which execution was served by Abraham Drake, the marshal general's deputy, upon said Martyn, by taking him to the prison door at Hampton, and committing him to said Souter, the keeper. Verdict for plaintiff.
The town of Hampton, or their attorney v. William Bacon and Tho. Kenery. Trespass. For breaking up, fencing in and improving about four or five acres of land in Hampton com- mons on the North side of the pond beyond the little boar's head, without leave of the town either by grant or purchase, and for keeping possession of the land two or three years, thereby hindering the range of the cowherd into the commons. Verdict for plaintiff, the land in controversy. The attorney, John Red- man, engaged to respond for both defendants. Appealed to the next Court of Assistants. This case was committed, with the consent of the plaintiff, to the rest of the jury, Hampton
On 29 : 9 : 1673, the widow Garland v. John Mason, for abuse offered to her son Jacob, taking him by the collar or neckcloth at the house of Hen. Roby, drawing him over the threshold and smiteing his head against the stones. Owned by said John, and Jacob ordered to pay 10s.
On 29 : 9 : 1673, Henery Robey being convicted by testimony of Abraham Shepard of excessive drinking upon 8 : 9 : 1673, he was ordered to pay 3s. 4d.
294
SALISBURY QUARTERLY COURT
[Apr.
jurymen being taken off. John Redman and William Fifield bound .*
Phillip Grele v. Pall Batt. Debt. According to covenant dated Mar. 8, 1671, under Grele's hand and seal. Verdict for plaintiff.
Phillip Grele v. Mr. William Symonds. Debt. For 7,400 white pine board. Verdict for plaintiff. The boards to be delivered to plaintiff at Lampreele river.
Edward Colcord and parties v. Abraham Drake. Trespass. For fencing in a parcel of land granted by the town of Hampton for a way to their lands over the Mill brook, as appears by the town records, dated 16 : 12 : 1653, and for claiming the land as his own propriety. Verdict for plaintiff, the way in con- torversy as last laid out and two pence damage.
Edward Colcord v. Christopher Palmer. Review of a case tried at Salisbury court in 1666, concerning three parcels of land claimed by a pretended mortgage. Verdict for defendant. Appealed to the next Court of Assistants. Edward Colcord and Robert Ring of Salisbury bound.
Edward Colcord and William Roberts v. John Redman. Re- view of a case tried at Salisbury court in April, 1667, which was an action of review of a case tried at Hampton court in 1659, concerning a bond for appearance, wherein said Roberts and Thomas Jonson, deceased, were surety for- said Colcord. Non- suited, because the court does not see how by law a review of the same case can be twice tried. Appealed to the next Court of Assistants. Edward Colcord and Robert Ring bound.
Phillip Grele acknowledged judgment to Mr. Tho. Bradbury for 3,000 merchantable white oak barrel staves or 1,500 mer-
*Henry Dow, aged about forty years, deposed that he heard Thomas Kenery own that he and Will. Bacon had fenced in all the land that they are sued for, both broken up and pasture land, and that they had sometimes hunted horses out of the meadows there by the pond. Deponent declared that there was about 40s. yearly damage to the town by hindering the cow herds from going where they used to go before there was any house built there, and by hunting their horses and swine from that part of the commons that used to get their living that way. Also that there were about four or five acres beyond this land that is fenced in. John Sanborne deposed the same. Sworn in court.
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1674]
chantable white oak pipe staves, to be delivered at the Ferry landing place near the bridge in Salisbury.
Francis Davis v. John Severans. For selling four pumps and boxes of his at Boston, without his order. Verdict for de- fendant.
John Jolliff, assignee to David Kimball v. John Lock. Debt. For withholding debt due in refuse fish, dated Aug. 29, 1671. Nonsuited. For want of legal power to sue in this court and be- cause of defect in the letter of attorney by an interlining therein .*
Robert Ring v. Nathll. Clarke. Review of a case tried at the Court of Assistants held at Boston, Mar. 5, 1672, which was an appeal from a judgment at Hampton court, with findings for plaintiff, reversion of the former judgment. The original action was for taking away a load of hay from a meadow, and the de- fendant not being attached by a lawful officer, the plaintiff was nonsuited.
The Reverend Mr. John Wheelwright, feoffee in trust to the wife and children of Mr. Robert Nanny, late of Boston, deceased v. James Chase. For not paying 12,000 feet of good merchant- able deal board due for rent of a part of a saw mill, now standing upon Tayler's river in Hampton bounds, according to an agree- ment dated Jan. 2, 1672. Verdict for plaintiff. Appealed to the next Court of Assistants.
Nicolas Lissen v. Robert Wadleidg and Jonathan Thing. For not paying a debt due for a covenant under their hands, dated Apr. 15, 1670, which was to have been paid at 60li. yearly, for three years now past. Withdrawn.
Henry Green and Henry Roby were bound for James Chase's appearance.
Samll. Watts v. Samll. Gile. For not delivering 8,500 pine boards, also 20s. more, according to an award under hand of Daniell Ela, Shuball Walker and Tho. Kimball. Verdict for defendant.
Henry Roby v. Jno. Young. For withholding pay due plain- tiff for the maintenance of the child of Judeth Roby, ordered by Salisbury court last, about 6li. 10s., at 2s. 6d. per week. Ver- dict for plaintiff.
*John Locke's bill of cost against Mr. John Jollife or Mr. Henerry Derring, his attorney, 15s.
296
SALISBURY QUARTERLY COURT
[Apr.
Henry Roby v. Edward Colcord. For withholding five or six pounds which should have been paid to Alice Thomas of Bos- ton in May, 1672. Withdrawn.
Samll. Weed v. Thomas Barnard, sr., in behalf of the town of Amsbery. For withholding his proportion of lands in the common divisions granted and laid out to the inhabitants of Salisbury newtown, now called Eamsbery since a meeting of said town, 10 : 10 : 1660, at which meeting there was granted to John Weed, sr., a township for his son Samll. Weed, by vir- tue of which said Samll. claims his proportion of commons. Ver- dict for defendant.
Edward Gove v. Major Robert Pike. Review of a case tried at Hampton court in 1673, for cutting and carrying away wood and timber upon his land, which is the second lot of Hall's farm, called by the name of Cobham's, in Salisbury, in which a special verdict was returned and court found for the defendant, and which judgment was reversed by the Court of Assistants. Special verdict, if the order of the town of Salisbury was legal, together with the order of the General Court, they found for the defend- ant; if not, for the plaintiff. Court found them legal. Appealed to the next Court of Assistants.
Anthony Stanian and Edward Gove, both of Hampton, were bound for Edward Gove's appearance.
John Redman v. Edward Colcord. For putting him to great trouble and damage to satisfy a part of a fine laid upon said Colcord at Wells court in 1672, whereby he agreed to bear him harmless, but has not. Withdrawn.
Christopher Palmer v. Edward Colcord. For defaming the plaintiff in bringing action against him at the last Salisbury court, charging him with cheating. Withdrawn.
Henry True v. Mary Andros, administratrix of the estate of Jededia Andros, her quondam husband. Debt. To be paid in neat cattle, bulls excepted. Special verdict, that if a bill given to a man, which bill contained not the name of his execu- tors as bound, may be legally recovered against said executors, they found for plaintiff; if not, for defendant. Judgment for plaintiff.
Daniell Tilton v. the Town of Hampton. Review of a case tried at the last Hampton court, for trespass, for fencing in and
297
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1674]
breaking up a four or five acres of Hampton commons. With- drawn.
John Huggins v. the Town of Hampton. Review of a case tried at Salisbury court in 1673, for trespass in felling the town's timber, fencing in land, etc. Withdrawn.
Edward Gove v. John Partridg and Nehemiah Partridg. Debt, for two cows. Defaulted.
Susanna Martyn and Mary Jones making application for the division of the estate of Richard North between them, by virtue of a judgment of the Court of Assistants in March, 1673-4, which declared that said North's will was not legally proved and referred it to the Norfolk court, court affirmed that it had been legally proved, and Capt. Bradbury testified that he was one of the witnesses before the court and at that time he was compos mentis.
Capt. Nathll. Saltonstall, administrator of the estate of Matthias Button, acknowledged judgment to Daniell Ela.
Daniel Ela's license to keep the ordinary for Haverhill, John Severans for Salisbury, and Henry Robie for Hampton were renewed for the ensuing year.
John Souter of Hampton having had the consent of the select- men to keep an ordinary, court allowed it, provided that he sell no wine or strong waters to be drunk in his house, yards or out- houses to any inhabitants of said town, either directly or in- directly.
Thomas and Mary Frame, upon confession, were convicted of fornication before marriage. He was to be whipped fifteen stripes, unless he paid 4li. fine, and she was to be whipped ten stripes, or pay a fine of 40s.
Edward Gove was discharged of his bond for good behavior.
Court declared that such persons as have been freed from military exercises, paying so much per year to the use of the company, "ye sd sum is to bee accounted as & for a fine wch is under ye Cognizance of ye clarke of ye Company as other fines are excepting any & all pticular, & psonall orders wch are only Conditionall in wch case & so for ye future such as shalbe freed from such exercises if they pay not their fine or pension to ye satisfaccon of ye clarke (money excepted) It shall then bee in his power by orders from ye Comission officers, or cheif officer
298
SALISBURY QUARTERLY COURT
[Apr.
to distraine for ye whole sum yt ye law appoints for a fine upon non attendance."
Ordered that the recorder, not having entered the letter of administration granted to Bartholemew Heath upon the estate of his son Joseph Heath, shall now enter it and date it from the time it was granted. The administrator was ordered to bring in an inventory to the next Hampton court.
Ordered that the recorder of the court shall from time to time annually by some one of the deputies of Norfolk send to the General Court of election a certificate of the names of such per- sons as are annually nominated by the freemen of Norfolk for Associates for the County Court for the ensuing year, requesting the General Court to allow them.
Whereas at the last Hampton court, Teage Disco of Exiter was accused by Mary Parker, servant of Moses Gillman of Exiter of being the father of her child, and she persisting in the charge when the child was born, court ordered that her testimony and that of others who were present be given before Mr. Samll. Dal- ton, and that said Disco pay 2s. 6d. per week for the maintenance of the child.
Ordered that Mr. Dalton issue a warrant to the constable of Exiter to bring her before him upon some lecture day at Hampton to be corporally punished by ten stripes, for committing fornica- tion.
Ordered that the highway between Salisbury town and the ferry, between now and the last of June, be repaired as judged sufficient by the selectmen of Salisbury or the major part of them, upon penalty of 40s.
Mary, daughter of Jno. Weed, being bound to this court for committing fornication with Nathll. Griffin, a joiner, who has fled since her accusation, court ordered her to be severely whipped with fifteen stripes, unless she pay a fine of 5li.
Henry Robie, convicted before Mr. Dalton for excessive drink- ing, was fined 3s. 4d.
James Jonson, John Smith, John Stanian, John Garland, Abraham Chase, Caleb Perkins, Thomas Cram, Jno. Hussey, Jonathan Wedgwood, Tho. Chase, Josiah Samborne, Francis Gennins, Capt. Christopher Hussey, convicted for breach of the law called Quaker's meeting, were admonished.
Mary Williams of Exiter, wife of Jno. Williams, confessed
299
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1674]
to the crime of fornication before marriage and was ordered to be whipped fifteen stripes or pay a fine.
John Williams and Robert Powell had their bond for non- appearance forfeited.
Ephraim Severans, presented for uncivil carriages upon the Lord's day, was admonished.
Thomas Fowler of Amsbery, presented for killing a hog in his corn, not having proceeded according to law in crying said hog, was admonished, and ordered to pay if the owner of the hog appeared.
Court ordered Jno. Young to pay 2s. 6d. per week toward the maintenance of the child of Judeth Roby until the court takes further order or said Young agrees with Henry Roby about it, and that a sufficient bond be given to Mr. Dalton to secure the town of Hampton.
Court ordered that Henry Ambros, upon giving in personal security for the portions of the children of Timothie Worcester, which said Timothy had by Susanah, his wife, now the wife of said Ambros, to the satisfaction of Major Robert Pike and Mr. Samll. Dalton, should be released of his former security on house and land.
Administration was granted to Bartholemew Heath upon the estate of his son Joseph Heath, late of Haverhill, deceased, 14 : 8 : 1673, at the County court at Hampton.
Court ordered that the papers put into this court about North's will be delivered to Susannah Martyn and Nathll. Winsly, each to have their own papers, all except the copy of the judgment of the Court of Assistants, last past.
Allowed by the court to the house and the servants of Willi. Buswell, 10s.
Henery Roby of Hampton acknowledged a bond 30 : 10 : 1673, for the appearance of Elizabeth More of Exeter to answer for fornication with John Williams, before Samll. Dalton,* com- missioner.
Copy of the will of Joseph Peasle, dated Nov. 11, 1660, and proved upon oath of Phillip Challis and Tho. Barnard, 9 : 2 : 1661, at Salisbury court: "My debts shalbe payd out of my estate, & ye remaynder of my estate wch is left my debts being payd I doe giue & doe bequeath ye one halfe vnto Mary my
* Autograph.
300
SALISBURY QUARTERLY COURT
[Apr
wyfe dureing her life & I doe giue vnto my daughter Sarah all my house & lands yt I haue att Salisbury & I doe giue vnto Joseph my sone all my land yt I haue upon ye playne att Haverhill & doe also giue unto Joseph my sonne all my meadow lying in ye east meadow att Haverhill, & I do giue vnto Joseph my sone all my right in ye ox pasture att Haverhill and do giue vnto Joseph my sone fiue of ye comon rights yt doe belong to ye playne I doe giue vnto my daughter Elizabeth my forty fower acres of upland lying westward of Haverhill & doe giue vnto my daughter Eliza- beth fower acres & a half of meadow lying in ye west meadow att Haverhill & doe also giue to my daughter Elizabeth fower of ye comon rights yt doe belong to ye playne, & doe giue unto my daughter Jane ten shillings, & to my daughter Mary ten shillings & do giue vnto Sarah Sawer my grandchilde my vpland & meadow lying att Spickett River & I doe giue unto my sone Joseph all ye remaynder of my land att Haverhill wch is not here disposed of. I doe also make Mary my wife my sole Executer & do also leave Joseph my sonne & ye estate yt I haue giuen him to my wyfes desposeing till Joseph my sonne bee twenty years of age." Wit: Phillip Challis, Tho. Barnard and Richard Currier.
Copy of the inventory of the estate of Joseph Peasly, taken by Richard Currier, Tho. Barnard and Willi. Barnes: A grinding ston & crank & betle ringe, 12s .; a smoothing Iron, 5 wedges & one Iron barr, 1li. 5s .; one payer of Andirons & 2 Spitts, 4 axes & 2 sawes, 2li. 6s .; one Crane, 2 tramells, gridiron & brand Iron & fire slice, one payer of cobirons & tonges, 1li. 14s .; one tow combe, parsell, 10s .; one iron pot & skillet, pot hookes & flesh hooke & frying pan, 1li. 4s .; 5 howes, 1 cheine & other Iron worke, 1li .; peuter & brass, 5li. 8s .; 2 gunns & one sword, 2li .; all his wareing apparell, woollen & linen, 8li .; cloath & searg
& tame, 7li. 13s .; beds & bedding, 10li. 18s .; yarn, wooll, flax & hemp, 5li. 10s .; chests, barrills, spinning wheels & other lumber, 3li .; forty bushells of wheat, 10li .; sixty bushells of Indian corn, 9li .; 3 cowes, 2 heffers & 1 calfe, 19li .; swine, 3li .; howse and land & meadow, 50li .; two Bibles & other bookes, lli. 15s .; total, 143li. 5s.
James Davis, jr., and Theophilus Satchwell were desired by the widow Peasly, to appraise the real estate, which they did, as follows: 12 acres more or less within ye playne fenced as it is bounded in ye records, 50li .; 18 acres without ye fence, 40li .; 44 acres of ye 2d division, over ye little river westward, 35li .; 4 score and 4 of ye 3d division on Spicket hill, 35li .; 4th division of upland yet not pfected, altho granted by ye towne, 5li .; 6 acres of meadow at ye east meadow, 20li .; 4 acres & a half of meadow at ye west meadow, 8li .; 6 acres of 2d division of mead- ow at Spicket, 9li .; 4 acres of 3d division of meadow bounded in the new found meadow, 5li .; 4 ox commons & other cow com- mons, 16li .; total, 223li. Sworn to by Mary Peasly, executrix,
301
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before Tho. Bradbury,* recorder, and copy made by Tho. Brad- bury,* recorder.
Writ: Abraham Drake v. Capt. Walter Bearfoott; debt; dated 11 : 8 : 1671; signed by Samll. Dalton,* for the court; and served by Robert Smith,* constable of Hampton. Bond of Walter Barefoote* and Nicholas (his mark) Lissen.
Writ: Mr. Anthony Ashby of Haverhill v. Daniel Ela of Haver- hill; for not delivering 158 bushels of Indian corn, which was received by said Ela their master, aboard of the ketch Patient Betty in Merrimack river at Haverhill, to be delivered at Boston or Salem; dated Mar. 8, 1671-2; signed by Nath. Saltonstall,* for the court; and served by Jno. Williams,* constable.
Writ: Moses Gilman v. Arthur Bennet; defamation; for say- ing that Gilman need not make such a stir about Thomas Huse, whom his maid charged with fornication, for the maid was as bad as said Huse; dated Dec. 2, 1671; signed by John Gillman,* for the court; no return made. Bond of Arter (his mark) Benick and Charles Hilton .*
Writ: Edward Clarke of Haverhill, attorney to Philip Rowell of Hampton v. Jotham Hendricks of Haverhill; debt for a horse, which was to be paid in a cow and two sheep; dated Apr. 2, 1672; signed by Nath. Saltonstall,* for the court; and served by John Williams,* constable of Haverhill.
Writ: Caleb Moudy v. Thomas Hoyt; debt, for cotton wool; dated Apr. 2, 1672; signed by Tho. Bradbury,* for the court; and served by Henry [Browne],* deputy constable of Salisbury, by attachment of house and land of defendant.
Writ: Joseph Peasly v. John Figg; debt, for 1,000 two-inch oak plank; dated Dec. 25, 1671; signed by Richard Currier,* for the court; and served by John Weed,* constable of Ames- bury. Bond of John Figge* and Richard Currier .* Wit: Phillip Rouell* and Zackery Ares *.
Writ: William Sargent v. Mr. Francis Hooke; for refusing to satisfy him for a voyage to the westward the last fall, about seventeen weeks, at the rate of 55s. per month for wages; dated 15 : 12 : 1671; signed by Tho. Bradbury,* for the court; and served by Henry Browne,* deputy constable of Salisbury.
Writ: James Sanders of Haverhill v. Richard Dole of New- bery and Thomas Davis of Haverhill, administrators of the estate of Joseph Davis of Haverhill; debt of eight pounds, which Joseph Davis was to pay to said Sanders for four months' service with Sanders in 1668; signed by Nath. Saltonstall,* for the court; and served by Jno. Williams,* constable.
Writ: George Corlis of Haverhill v. Thomas Davis of Haver- hill and Mr. Richard Dole of Newbery, administrators of the estate of Joseph Davis of Haverhill; debt, which was to have been paid to Mr. Jno. Todd of Rowley, Capt. Gerrish of New-
* Autograph.
·
302
IPSWICH QUARTERLY COURT
[May
COURT HELD AT IPSWICH, MAY 5, 1674, BY ADJOURNMENT.
Daniell Clarke was licensed to keep an ordinary for a year.
Sarah Woolcot, presented for fornication, was ordered to be whipped or pay a fine .*
bery and himself about five years since in staves at Exeter; dated Feb. 22, 1671; signed by Nath. Saltonstall,t for the court; and served by Jno. Williams,t constable, by attachment of land near Tho. Eaton's at the west bridge.
Writ: Thomas Davis v. Mr. Richard Dole and Tho. Davis, administrators of the estate of Joseph Davis of Haverhill; for- feiture of a bond; dated Oct. 11, 1671; signed by Nath. Salton- stall,t for the court; and served by John Williams, constable.
Writ: Edward Colcord v. James Prescott; trespass, for felling his timber and attempting to build a house upon his land on the westerly side of the mill brook; dated 24 : 8 : 1671; signed by Samll. Dalton,; for the court; and served by Robert Smith,t constable of Hampton, by attachment of timber, boards and slabs of defendant.
Writ: Mr. Thomas Woodbridge v. Francis Thorn; debt; dated Apr. 1, 1672; signed by Samuell Dalton, for the court; and served by Abraham Drake,; marshal, by attachment of four oxen in the hands of Peter Jonson.
Writ: Georg Walten v. John Severens; debt due from Hen- ery Ambros, former husband of the present wife of said Cornet John Severens; dated Mar. 21, 1671-2; signed by Samuell Dal- ton,t for the court; and served by Abraham Drake,t marshal.
Writ: Jno. Colby v. Samll. Foot; for reproachful speeches against Mr. Hubberd, the minister; dated Mar. 9, 1671-2; signed by Tho. Bradbury,; for the court; and served by John Weed,t constable of Amesbury.
Writ: Tho. Bradbury v. Nathll. Boulter; debt, for 1,300 deal boards, to be delivered at the saw mill near Hen. Green's house at Hampton; dated Apr. 1, 1672; signed by Tho. Brad- bury,; for the court; and served by Abraham Drake, marshal.
Writ: Stephen Webster of Haverhill v. Andrew Greley; debt; dated Apr. 4, 1672; signed by Nath. Saltonstall,t for the court; and served by Jno. Williams,t constable.
Writ: Mr. Ward Woodman v. Nicholas Browne of Haverhill; debt, to be paid in wheat and barley; dated Mar. 6, 1671; signed by Anthony Somerby,t for the court; and served by Jno. Wil- liams,¡ constable of Haverhill.
*Sarah, daughter of John Willcott, was presented for having a child born in March, Thomas Chadock being the reputed father. Wit: Elizebeth Browne, midwife, and Mary, wife of John Wilcott.
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