USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 31
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¡ Autograph.
303
RECORDS AND FILES
1674]
Marshal Robert Lord was allowed three pounds this year out of the fines that are ungathered.
Sam. Mighill was presented, but considering that it came out principally by his own confession, he was fined 30s .*
John Wattson was fined upon his presentment.t
John Chubb was fined upon his presentment.#
Thomas Knowlton, upon his presentment for making a dis- turbance in the meeting, was sentenced to stand openly in the meeting house next lecture day all through lecture time with a paper on his breast, written in capital letters.§
*William Tenny deposed that Samuell Mickell acted lasciv- iously toward Margerey Tophet when he was threshing at Mr. Nelson's barn, etc. Sworn in court.
Margere Toope (also, Tape), aged about seventeen years, deposed that Samawell Myhill saluted her half a dozen times, and asked her to walk with him on a certain night, but she re- fused. She saw him when she went to put out the dog. Also one night when Mihill's wife was with deponent's mistress, he came to the house and deponent asked one of the children to go out and hold a cow, when he also offered his assistance. So the man's wife being there, she allowed him to go with her, etc. Sworn in court.
Bill of cost of William Tenny, Thomas Wood, William Bointon and Marjery Toope, for attendance at court one day, 8s.
+Thomas Wood, aged forty-one years, deposed that "sometime last sumer I being at worke at merchant Wainwright's house there came John Watson of Rowly to by wine & Tobacco and was pretty mery after he had done his Arrant and was gone mer- chant wainwright came out to me where I was at worke and said to me and those that were at worke wth me at that Time that he was perswaded that John watson had caried Away his knife my Answer was I hope not soe for I never heard he was given to stealing but A weeke or 10 days after I was Told that John Wat- son said he had bought a Good Ivery hafted Knife for A small matter of merchant wainwright when I heard of it then I dealt wth him about it and Told him that I feared he had stolen merchant Wainwrights Knife he Answered Againe he had none of it and denied it severall times." Later he confessed that he took it and delivered it to Corpll. Northend, who gave it to deponent to give to Mr. Wainwright, which he did. Sworn in court.
#Presented for suspicion of chaining up the gate on the high- way near the house of John Andrewes, with many rocks laid against the gate, which annoyed many in their passage. Wit: Samuell Giddings, Samuell Cogswell and Benjamine Marshall.
§Presented for calling out on the Lord's day in prayer time
304
IPSWICH QUARTERLY COURT
[ May
Freegrace Norton, upon his presentment, was enjoined to keep a beam, scales and weights always in readiness for any to weigh their grists, also to be ready to take off and lay on men's grists. The court's sentence was that "we cannot but find it a grt mis- demeaner being in a place of publicke trust, either through falshood or extreme neglegence and therefore is fined 40s, leav- ing persons injured to take there remedy by law."*
in the meeting house, "Take notis of goodwife hunt that maks disturbanc there." Wit: Simon Stace, constable, and John Leighton.
*John Spark deposed "that through the default of bad grinding and want of measure in my meale for this sundry yeares together, not holding out to make so much bread in quantity as I used to doe in Serj. Waites dayes, to my greate losse, the merchants exspecting theire due, and I not able to make it good as formerly , I made my complaynt to sundry persons, and to one amonge the rest a person of worth and quality Mr Saltonstall by name who promised me Amendment, but I having found since that I have not had so much meale nor so good as formerly, was forced to carry his wheate to Rowly mill where I might haue it smaller ground that soe it might answer his endes; but I found that the wheate that went from hence to Rowly did fall as much short in measure as that which was ground here I conceive the reason was the wetnesse and dampness of ye wheate this last yeare by reason of this last wet haruest, I often haue missed much meale in quantity for this many yeares, but I aprehend not through goodman Nortons dishonesty, but by reason of ye mill lying so carelesly and so open that somtymes any one might who was dishonest draw out a grist from under the underpining, which is a thing I haue often complayned of and it is lately I have spoaken of it and have asked them that are concerned in the mill who should make my meale good if it was stollen."
Moses Pengry, sr., deposed that he was at the mill the past winter, when both the mills were grinding, and the wheat mill hopper was full of wheat and much meal in the trough. While he stayed for the grinding of his grist on the Indian mill, he saw the miller, Freegrace Norton, take a little bag up from over his head where the empty bags use to lie, and hang it where they take up the meal. Then he took the meal shovel and brought meal from under the spout and put about half a bushel of wheat meal more or less into it from the trough. Then he took the bag off the nail, doubled up the mouth of the bag, put it under his arm, went into his house and quickly returned without it. Sworn in court.
John Caldwell testified that he carried a grist to the mill and when it was ground he thought that there was not as much as
305
RECORDS AND FILES
1674]
he carried and told the miller so, but he said nothing. The next time, he told him that he could not say why his last grist shrunk so for he ground it on the wheat mill, and what he ground it after, he could not tell. Of this last grist, he judged that he had a considerable quantity more than he carried to the mill. Sworn in court.
Josiah Clarke, aged about twenty-eight years, deposed that he carried half a bushel of Indian corn to the mill and the miller told him that if he would bring a pint of brandy he would put a peck of rye into his Indian corn this time and half a peck the next time. Deponent brought the drink, and Norton went to the toll tub and measured out some rye for him, "and as it stood in the half bushill by the hopper waighting till the hopper was empty before the hopper was empty one brought a bushill of Rey to grind and the miller tould mee I had best stay till that bushill was ground and so I did and I the said deponant doe testifie that I did se freegrace norton take toule of that bushill of Rey and after he had taken toule of it he went doun below and ordered the mill and then he went up and sat down by the hopper till the mans back was toward him and ther I this depon- ant did se the said norton take his toule dish about half full or three quorters full of Rey out of that bushill and put it into that Rey which he had put into the half bushill for me." Sworn in court.
James Burnam and Nathannoell Lord deposed that they saw five grists of two bushels and one-half which wanted double toll, etc. Sworn in court.
Nathanell Lord deposed that he saw one bushel of wheat of his master's weighed when it was carried to the mill and when it was brought home and it wanted nine and one-half pounds. Sworn in court.
John Whipple deposed concerning short weight, etc. Sworn in court.
Freegrace Norton's bill of cost, 1li. 16s.
Thomas Sparke deposed concerning his master sending him to mill with 108 pounds of wheat and when he returned he had but 87 pounds, and Norton said he could not account for the shortage. Sworn in court.
William Goodhue testified that he sent his man, Thomas Sparke, etc. Sworn in court.
Caleb Kimball deposed. Sworn, May 4, 1674, before Daniel Denison .*
John Edwards, aged about forty years, deposed. Sworn in court.
Sergeant Burnam testified that he carried a grist and when he reached home, it was so much smaller than what he carried
* Autograph.
306
IPSWICH QUARTERLY COURT
[May
Court having heard the allegations against Elizabeth Hunt and Abigaill Burnam, judged them both culpable of disturbance and disorder in the meeting house, but being under family government, ordered their parents to correct them for offences past and to keep them in better order for the time to come .*
that he took it back, thinking he had exchanged with somebody, etc. Sworn in court.
*Thomas Burnum, sr.,t complained of many great misde- meanors of Elizabeth, wife of Samuell Hunt, and Elizabeth her daughter, in the meeting house in time of public exercise for the past two years, by thrusting his daughter Abigaill on the Lord's days, so that she almost falls quite down in the meeting house.
Grindall Rauson, aged about fifteen years, deposed that he saw Goodwife Hunt leaning over her seat, speaking to her daughter Elizabeth and presently said Elizabeth shoved Abigall Burnam down on her knees so that she could not sit upright on account of Elizabeth's knees being against Elizabeth's chair. This was on the Lord's day in meeting time. Sworn in court.
Samuel Hunt and wife testified that Abigail Bornham pushed their daughter so that she often came home and said she would not go to meeting again, etc.
Nathaniell Lord, aged about twenty years, deposed that he saw Elizabeth Hunt with her back against the end of the seat shoving her own chair against Abigall Burnam's chair, and this had been her practice whenever said Abigall's chair had been without the wainscot. Sworn in court.
Hanah Lovewell, aged eighteen years, deposed. Sworn in court.
John Kindrek deposed that when Abegell Burnam came in she went to her usual place and put her chair down, which then stood clear of the wainscot of Goodwife Hunt's seat, etc. Sworn in court.
Seath Story deposed that when the disturbance was made, Thomas Knolton spoke to them, etc. Sworn in court.
Elizabeth Reddington deposed that when she sat with her dame Hunt in meeting, which was about a year, Abigall Born- ham would "hunch and bunch" her with her chair and when she sat at the end where Betty sat, Goodwife Bornham told her that she was a usurper and had no right there.
Thomas Waite, sr., deposed that the two chairs the girls sat in were back to back in the alley as close as they could be set and that Goodwife Hunt thrust her elbow against said Abigal's neck, defacing her linen. Also if Goodwife Hunt had caused her
t Autograph.
307
RECORDS AND FILES
1674]
Goodwife Hunt was admonished upon her presentment .*
Deacon Goodhue was licensed to sell wine by the gallon and also to sell liquors, as other merchants.
Sarah Longhorne made choice of Daniell Wicom to be her guardian, and he was bound.t
daughter to set her chair as she should, with the back against her mother's seat, this controversy would not have been begun. As it was she had the back of her chair in the cross alley so that only two persons could sit there instead of three and it hindered others from passing to their seats. Sworn in court.
Uzal Wardall deposed as to what he saw when he looked down over his seat, etc. Sworn in court.
Nathanaell Roper, aged about twenty-one years, deposed that one Sabbath he saw Goodwife Hunt stand at the end of her seat in prayer time as if she looked at the minister, and push her daughter's chair against Abigaill Burnam's. He had also seen Elizabeth Hunt look up in the gallery where her father sat and laugh. Sworn in court.
James Burnam, aged about twenty-one years, deposed that his sister Abigall tried to make room for Mr. Smith to pass, etc. Sworn in court.
John Dane, aged sixty years and upward, testified that being at meeting that day he heard Thomas Knoulton call out aloud to the assembly to take notice of Goody Hunt, that she was making a disturbance, etc. Also that Goody Hunt's daughter held her head down and smiled to herself. Sworn in court.
Goodwife Fits, aged about sixty-eight years, deposed. Sworn in court.
Goodwife Saford, aged thirty-five years, deposed. Sworn in court.
Hannah Rubjohn deposed. Sworn in court.
Robert Lord, jr., deposed that it was Elizabeth Hunt's prac- tice to sit in her chair in time of prayer.
Mary Jones deposed that Goodwife Hunt's little girl was kneel- ing in her chair very quietly when Goodwife Bornham's daughter came into the meeting and took up her chair and thrust it against said Hunt's girl. Deponent "being kneeled downe rose up and spacke to her teling her it ware enough: enough att this time for shame," etc. Sworn, 3 : 2 : 1674, before Wm. Hathorne,} assistant.
John Annable deposed. Sworn in court.
¡Sarah Longhorn, "who was left yong and of Tender agge," having been under the charge of an executor, petitioned the court for a guardian.
* See foot-note on page 306, marked *.
# Autograph.
308
IPSWICH QUARTERLY COURT
[May
Samuell Hunt, jr., was admonished for disorder in the meeting house .*
Jonas Gregory was discharged of his presentment.t
Sarah Roe was bound not to abide in the company of John Lee and to appear at the next Ipswich court, unless she be reconciled to her husband and go to him before that time. Joseph Gidding and Nathaniell Rust bound for said Sarah Roe.
In the complaint of Charles Gott against Walter Fairefield about abusing him, the military officer, clerk of the band, said Fairefield was sentenced to pay 5s. to the company and 20s. to the county. #
Petition to the court, dated Ipswich, 4 : 3 : 1674, "Constance Crosbie Grandmother to this Orphan Sarah Longhorne under- standing that Daniell Wickam is like to be perswaded to accept of Gardianship for her: I thinking that she had need of one that hath more experienc to oversee her and for other Reasons I am very unwilling & doe desire that such a thing may not be proceeded in or Granted till Thomas Longhorne of Cambridg her Uncle knowes & Gives his Consent for he takes more Care of the children than I expected he would have don: not more at psent your poor & humble servant & Handmaide."
*Samuell Rogers deposed that before Samuell Hunt was pre- sented, he asked Grigory if he ever gave Hunt leave to take hay out of his barn before said Gregory and Arthur Abbott found him there, and he said that he never had. Deponent asked why he did not stand to this before the grand jury and he said that he was in such trouble that he did not know what to do. Sworn in court.
John Smith, aged about forty years, and Josiah Clark, aged about twenty-eight years, deposed that they had noticed in time of service on Sabbath days that Samuel Hunt, jr., was very dis- orderly, laughing, talking, spitting, striking boys with sticks and throwing things into the gallery.
Presented for lying, by informing the grandjury of Samuel Hunt's stealing his hay, and afterwards saying that he might possibly have given him leave to take it; saying also that Hunt gave him a day's work with his team and boy and a pound of tobacco to forbear his testimony against him, and he would "do well enough wth Knoulton in his action." Wit: Thomas Knoulton, Nathaniell Emerson, Usuall Wardell, Arthur Abbott and his wife, Thomas Mentor, Margret Lambert and Mr. Samuell Rogers.
¿Writ, with summons, dated Apr. 15, 1674, signed by Daniel Denison,§ for the court, and served by Tho. Hobes,§ constable of Wenham.
§ Autograph.
309
RECORDS AND FILES
1674]
Warrant, dated 3 : 2 : 1674, to Charles Gott, clerk of the trained company of Wenham, "in Case of Refusall to paye to Distraine the Goods of walter fairefild to the value of fiue shillings Being his fine for non appearanc on the last trayning daye as also fiue shillings of Henery Haget for the like Defect & Rec. it into yor hands for the use of the Companye," signed by Tho. Fiske,* sergeant.
Charles Gott's bill of cost, 1li. 2s. 3d.
Thomas Fiske, sr.,* affirmed, 4 : 3 : 1674, that "last yere John Fiske being Chosen Clarke of or Trayned Companie when he the sayd Fiske was Absent; I told him afterwards that the Com- panie had made Choice of him for theire Clarke & Asked him if he would accept of it he told me he would not where upon the next trayneing daye I informed the Companie of it & desired them to thinke of another Choic some of them obiected & said they would staye whilst they heard him Disexcept it him selfe but I told them we Could not be without a Clarke & if they would not Chouse one I would Appoint one my selfe where upon they made Choice of Charles Gott ||Walter fairefild being pres- ent|| & I did then declare him to be or Clarke & hee did Cale the Companie the Last traineing daye." Also that the last year "I told the Companie that in Referanc to or trayneing it should be a standing order amonst us that in Case the daye Appointed for trayneing were fowle in the morning it should goe for a trayne- ing daye in Case the wether did proue tolerable by eleuen of the Clock to bring armes into the field & the Companie Con- sented thereunto not one obiecteing against it."
John Fiske,* sr., affirmed, 5 : 3 : 1674, that he refused to take the office of clerk.
Charles Gott, aged about thirty-six years, deposed that Walter Fairefeilde came to his house and he read the warrant to him and asked him to pay the fine peaceably, but he replied that he would take no notice of it. About a week later, deponent went to his house and read the warrant again, and Fairefeilde replied that he cared nothing for Captain Tom, with many filthy speeches, upon this his wife said "pay the man, why shoulde you trouble him," and Walter replied, "hould youre pease, I know my way & will not haue it Chocked out to me." Deponent went to the table and distrained two pewter vessels and started to go away with them, but Walter wrested them away from him and did not offer anything in the place of them. The next day deponent took Thomas Fiske, jr., with him and again demanded the goods; still Walter refused, and deponent said he would take corn. Walter said, "how will you come by it & I Answered I will goe Into youre Chamber & take it then Walter went & stood upon the stares & saide you shall not: Come upon youre perill & shooved me with violans severall times & tooke A greate Club in
* Autograph.
310
IPSWICH QUARTERLY COURT
[May
In the complaint of Daniell Killam against Walter Fairefield for abusing him, the latter was ordered to pay 6s. 8d. to the county and 20s. to said Killam .*
his hand & vowed if I Came theare he woulde knock me down: & bid mee gitt me out of dore or he would send me out & sett his hand Against my throte & with violance shooued me all moste out of the dore but I held me by the dore postes & walter saide Charles theare are boords by the barne & held one hand on my shoulder and the other hand Against my throte & saide Looke out here Charles wher as my fase was into the house & my hands holding still on the postes of the dore." Walter tried to turn his head around, over his shoulder, and called his servants to bear witness. Thomas Fiske, jr., testified to the same. Sworn in court.
John Fiske, aged about nineteen years, and John Gilbert, aged about seventeen years, deposed as to what Walter Fairefeld told about the trouble. He said that he thought Gott was not in earnest at first and took a flagon and a pewter dish, placed them on the cubbard's head, and said if Gott would go to the mill with him he would have pay enough, but "the sneakeing Rascal went away." He said he supposed Gott would come the next day and bring Capt. Tom with him, with the intention of having corn, "but if they haue it they shall haue Cold Iron first if I could help them to it." Sworn in court.
John Waldren, aged about twenty-two years, deposed that Charls Gott warned him the Thursday that Walter Fayerfield was absent from trayning as follows: "I com to warne you to trayn next Thirsday you must be in the field with your arms compleat by eight of the cloke in the morning for it is a day that we must shew arms," but he said if it be fowl weather, then the next fair day. Deponent said that the morning was foggy, with showers, and at eight o'clock it came up thick and black as if it were to be a rainy day. At nine deponent started and there was a great shower and when he reached the field at ten o'clock, there were but few of the company there, "the drum" coming about an hour after.
William Fisket and John Abbe, jr.,t testified.
Nathaniell Browne, aged twenty-two years, and Tameson Walden, aged about sixteen years, deposed that on Apr. 14, during the controversy Gott said to Fayerfeld, "you are to hy, you must be brought down." Sworn in court.
John Bisson, aged about seventeen years, and Tameson Walden, aged about sixteen years, deposed that Fayerfield showed Gott seventeen boards, many of them twenty feet long, but Gott would not look at them, etc. Sworn in court.
* John Gillburd, John Killam and Benjaman Kimball deposed + Autograph.
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RECORDS AND FILES
1674]
In Walter Fairefield's complaint against Daniell Killam for breach of the Sabboth, court found no proof .*
John Downing's wife was admonished upon her presentment .; In answer to John Lee's petition, court respitted 5li., provided that he keep away from Sarah Roe.
John Knowlton was admonished upon his presentment.#
that Daniell Killam came with his sled for a load of wood when Walter Faierfild said "Killam stand of I sware you shall haue no wood here the saied daniell said I will and- had tied up too sticks and was tacking up another and faierfild came to him and pushed him downe backward and sett upon him with boath his hands upon his throat and punching him on the breast with his knees," etc. Deponents pulled him off and when Killam got up, his mouth was full of blood and he spit blood. Faierfeld said, "Killam wher would you haue ben befor this time if you had not had help her you would haue ben as whist as a lamb before this time." Sworn, Jan. 1, 1672, before Daniel Denison.§
John Gilbort deposed.
Tripheanie (her mark) Geare, aged about seventy-two years, deposed that she living in the house with Daniell Killam last winter, noticed the abuse he received from Fairefild. His throat was swollen about his windpipe about the bigness of a child's fist of three or four years of age and the skin scratched off. There was an impression on one side of his breast as if one of his ribs were cracked and buckled in, if not broken, and he raised blood for some time after, continuing ill about a month. He was unable to do any hard labor and constantly complained when he ate that his meat would not go down.
John Gilbert deposed. Sworn in court.
Bill of cost of Daniell Kelem, jr., 17s. 9d.
* Summons, dated Apr. 30, 1674, to Daniell Killam, jr., upon complaint of Walter Fairefield about breach of the Sabboth by driving swine into a corn field, signed by Robert Lord,§ cleric.
+ Presented for neglecting their children some days and nights, often leaving them alone. He was presented for excessive drink- ing and for his threatening of his co-inhabitant to burn the house. Wit: Joseph Giddings and Sarah Burnam.
#Jon. Smith, sr., deposed that he had noticed that Will. Whit- tred, John Peircs and Jon. Knoulton were often very disorderly at meeting in the time of public worship "by prating together," sometimes laughing, spitting in one another's faces, pricking one another's legs, "justing" boys off there seats, heaving things into the other gallery among the girls who sat there and breaking the glass windows. Sworn in court.
§ Autograph.
312
IPSWICH QUARTERLY COURT
[May
Wm. Whitred was admonished upon his presentment .*
Richard Holmes confessed that he struck his wife four or five blows with a stick, and was fined 4 nobles.t
Thomas Hobbs complaining against John Lampson and not prosecuting, the latter was allowed costs.
Rachell Clenton, presented for not living with her husband, complained that he did not provide for her. Court ordered that Larance Clenton should every week, or at least once a fort- night, bring to his wife 2s. per week, for neglect of which he was to be sent to the house of correction.
Alexander Allhart was released from training and watching. Renold Foster, sr., was released from training, without pay.
Whereas Mr. Wm. Hubbard has disbursed 8li. for his servant Peeter Laycrose, in satisfaction of the court sentence for thefts, court ordered that he serve said Hubburd two years after his time is out.}
Court having ordered John Polin, with some others, to take care and provide for Edmund Patch and Eunice Patch, his daughter-in-law, and by an order sequestered the lands of Ed- mond Patch and Abraham Patch that they may be liable for such relief, said Polin having paid three or four pounds for said Eunice's lying in, and Eunice having made a writing to convey a parcel of land to said Polin for security, court appointed Mr. Richard Hubbard, Richard Walker and John Dane, jr., to ap- praise the land. They were to give their judgment whether the selling of a portion of the land in this way would be a damage to the whole parcel.
Ephrim Fellows, aged about thirty-three years, deposed that he often saw John Pearce playing at meeting in the time of ex- ercise, sometimes spitting on other boys' hats and clothes, taking boys' hats and casting them down and kicking boys with his feet. Sworn in court.
Josiah Clarck was a witness to the presentment.
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