USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 32
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+Richerd Homs acknowledged that about Apr. 18, "I Being about to corak won of my children my wife indefring to take it awaye and som words she gafe me that stord up my anger and I gafe her saferall Blows about 4 or 5 Blows nathannil harris Being an ey witnase doth tastyfi that this the is hole truth a Bofe wrighting."
#Peetter Croy was presented for not observing the sentence of court in wearing a rope around his neck.
* See foot-note on page 311, marked #.
313
RECORDS AND FILES
1674]
The treasurer, Mr. Robert Paine presented his account to the court, the court's credit being 864li. 13s. 6d. and the debts, 759li. 10s. 7d., so that when the old fines are gathered, there are due to the county, 105li. 2s. 11d. Given to the house, 10s.
Inventory of the estate of John Newman, sr., taken Dec. 30, 1673, by Robert Pearce and Fra. Jordan, and allowed, Mar. 31, 1674, upon oath of Alice Newman, the widow, the homestead, wearing apparel, corslet, etc., amounting to 91li. 6s. [Original on file in the Registry of Probate.]
Inventory of the estate of Robert Wallis, deceased, taken Mar. 17, 1673-4; half a house, domestic animals, a debt to Good- man Graves, etc., amounting to 95li. 19s. Nicolas Wallis and Simon Stace agreed on Apr. 2, 1674, concerning the estate of their father Robert Wallis, that said Nicolas would take the whole care of providing for his mother, Simon to be free from paying anything toward her maintenance, and that Nicolas should have the whole estate, paying 20li. to the aforesaid Simon, as follows, in six acres of meadow at 8li., and 12li. in a horse and mare and neat cattle to be appraised by two indifferent men. Allowed, Mar. 31, 1674, in Ipswich court. [Original on file in the Registry of Probate.]
Inventory of the estate of Edward Sawyer, appraised by John Pickard, Ezekiel Northend and Samuell Brocklebanke, Mar. 27, 1674, and allowed upon oath of John Sawyer, his son, apples, tan pit, leather, tanhouse, hides, Carlton's marsh, house, etc., 223li. 8s. [Original on file in the Registry of Probate.]
Thomas Tenny and Ezekiell Northend deposed that being with Edward Sawyer not long before his decease, they heard him say that his estate should be equally divided between his two sons John and Ezekiell Sawyer, but that John, his eldest son, should have 20li. more than Ezekiell; and for the main- tenance of his wife, that she should be maintained out of the estate by them both, and if they did not maintain her com- fortably, that she should have liberty to sell land. Sworn in court. [Original on file in the Registry of Probate.]
Administration upon the estate of Edmond Marshall was granted to his son-in-law James Coleman, who brought in an inventory amounting to 23li. 19s., which was allowed. Ben- jamyn Marshall deposed that he was present when his father was upon his death bed, and his father gave the estate to the
314
IPSWICH QUARTERLY COURT
[May
disposing of James Colman, "only one cow he gave my brother Edmond & myselfe, and I am contented it should be soe." [Origi- nal on file in the Registry of Probate.]
Will of Richard Clarke, dated Feb. 7, 1673, mentions son John and daughter Hester Hobkinson, and was proved, Mar. 31, 1674 in Ipswich court, upon oath of the witnesses, Samuell Brocklebanke, Maxemillian Jewett and Richard Swan. [Original on file in the Registry of Probate.]
Inventory of the estate of Richard Clarke, appraised Feb. 22, 1673, by Maxemilian Jewet and Samuell Brocklebanke, amounting to 43li. 3s. 8d., and allowed upon oath of John Clarke, executor, Mar. 31, 1674, in Ipswich court. [Original on file in the Registry of Probate.]
Will of Thomas Hart of Ipswich, dated Feb. 12, 1673, men- tions sons Thomas and Samuel, grandson Thomas Hart, daughters Sarah Norton and Mary Hart, and proved by the witnesses, John Denison, sr., and John Brewer, sr., on Mar. 31, 1674, in Ipswich court. [Original on file in the Registry of Probate.]
Samuell Guile, aged about twenty-four years, deposed that one day he met with Danill Sumerby and told him that his brother's master had lost money and had charged his brother with stealing it. Danill replied that he wondered at that and did not believe that John Guile had taken it. Then deponent told Danill that some thought that he had the money, for he was seen in the house on that Monday, but Danill said it was a lie. Danill owned that he had a half crown in money on Monday and that he paid one shilling, six pence to Goodwife Chanler and a shilling to John March, and that he borrowed it of a boy. De- ponent asked him how the boy came by it and he replied that there was a wedding and he had three shillings given him, and he borrowed two shillings of him.
John Guile, aged about twenty years, deposed that he heard Sumerby say the Saturday before the money was stolen that he wanted money to pay a bill and offered his knife for a shilling which nobody bought, but Goodwife Chanler's maid said he afterwards paid her mistress 18d. in money. Sworn in court.
John March, aged about sixteen years, deposed that Danill Sumerby was at his father's house the week that John Hall lost his money and Danill gave deponent a shilling for a pint of wine. He asked him to get him a quart more and he would give him two shillings, but deponent told him that he knew his father would not let him have it. Sworn in court.
315
RECORDS AND FILES
1674]
Inventory of the estate of Thomas Hart of Ipswich, appraised Mar. 21, 1673-4, the homestead, a tan yard, furniture, etc., amounting to 729li. 13s. 6d. He owed John Whipple, sr., John Denison, sr., and Jo. Brewer, sr. Allowed, Mar. 31, 1674, in Ipswich court. [Original on file in the Registry of Probate.]
Samuell Younglove, jr., testified that he had observed Thomas Knowlton ever since he came to this side of the river to be a quarrelling, lying fellow, full of all baudy discourse as well before children as others. He "set neighbours togather by the ears for as I am tould he went to daniell Houey and tould him that I hired him and was to give him five shillings in money to tell Daniell Hovey that I said he was a base Lying fellow as any was in the towne which is uterly false," and also that he "takes great delight in nicknaming of seuerall persons as deacon Good- hew and goodman ayers and goodman hunt and goodman sawyer and goodman howard and father younglove and goodman wood- ward and goodman Rust and nathaniell browne and myselfe." He also went to Obadiah Bridges and told Robert Simons that deponent said his master kept a base fellow who had knocked a shoat on the head for him, when he never said it.
Goodwife Story, sr., testified that Mary Fowler told her what Knowlton said about his relations with Goody Rust and Goody Willson.
Mary Tallbut deposed concerning what Knowlton told about John Potter's relations with Goody Browne. The latter had one son.
Mary Tallbut, aged about nineteen years, deposed that she lived at Daniell Hovey's, etc., and that when Knowlton told his story to Goody Hovey, she said, "Goodman Knowlton you are the deuills packhorse." She said that Joseph Jacob heard the story and Sergeant Burnum told him to come there with it.
Sarah, wife of Samuell Younglove, deposed that when Mary Fowler nursed her, etc.
Samuel and Elizabeth Hunt deposed that they heard Good- wife Bornham say that Knowlton was a lying fellow, and she was ashamed to hear him talk, etc. Also that Goodwife Rust said her sister Rachell and Seu Ringe were afraid of him while he lived with her, and she could never persuade them to go to his shop even to get a shoe mended. They also testified as to what Knowlton said concerning Sam Tailer, when the two men were reaping for Sergeant Perkins.
Presentments, dated Ipswich, Mar. 31, 1674, signed by Moses Pengry,* in the name of the rest:
The wife of John Leeds, in not repairing to her husband though she had been warned often.
* Autograph.
316
SALEM QUARTERLY COURT
[June
COURT HELD AT SALEM, 30 : 4 : 1674.
Judges: Samuell. Symonds, Esq., Dept. Gov., Maj. Generall Daniell Denison and Major William Hathorne.
Jury of trials: Mr. Jno. Hathorne, John Putnam, George Keaser, John Norman, Mannasser Mastone, John Williams, Nathaniell Beadle, Thomas Fisk, William Dodge, sr., William Seargeant, Mr. Edw. Needham and Mr. Daniell King.
Grand jury: Mr. John Ruck, Tho. Fuller, sr., Samuell Ebborne, sr., Frances Skerry, John Ingersoll, Edw. Flint, Tho. Bishop, Tho. Patch, William Greegges, Robert Hibbert, Mr. Thaddeus Ridden, Richard More, John Pearson, Andrew Mansfeild and Thomas Farrer.
Court declared that all bills of cost should be allowed in money.
Joseph Armitage, assignee and attorney of Saml. Benet v. Capt. Tho. Savage. Debt. The action was to proceed when plaintiff paid for the entry .*
Richard Dole's negro called Grace, for fornication, being with child. Wit: Richard Dole and his wife.
Thomas Denis, for feloniously taking away nails out of a bark. Owned before Major General Denison.
John Pearse, William Whitred and John Knowlton, jr., for disturbance in the meeting house in time of exercise, by playing. Wit: John Smith, sr., Ephraiem Felows and Philemone Dane.
*Writ: Joseph Armitag, assignee and attorney of Samuell Benitt v. Thomas Savag; debt of about 70li., per judgment of court, which debt with many others of the workmen's, said Savage promised to pay in the special court at Boston, wherein he obtained judgment against the Iron works in Line; dated June 22, 1674; signed by John Fuller,t for the court; and served by William Crofts,¡ constable of Linn, by attachment of de- fendant's interest in the Iron works.
Thomas Savage's bill of cost, 14s. Thomas Savaget asked the favor of the court in the law relating to vexatious suits, which is treble damage.
Joseph Armitage petitioned the Governor, Deputy Governor and Magistrates that "wheras yor Honors poore petission", is by gods great blessing now in his latter days, and not able to undertake any laborious worke, nor hath bin for seueral years, and hath but litle estate as he can comand," he desired to be allowed to enter a cause or causes at the next Salem court, etc. John Leverett, Governor, and Samuel Symonds,t Deputy Gov- ernor, on 18 : 4 : 1674, ordered that respite of his entry money t Autograph.
317
RECORDS AND FILES
1674]
Joseph Armitage v. Richard Hood. Withdrawn .*
for three months be granted said Armitage. "24 : 4 mo. M. Verrin let Joseph Armitage haue the first Entry he comeing first to you. Wm. Hathorne."
*Writ: Joseph Armitage v. Richard Hood; for living upon and improving his land at Windmill hill, and not paying him rent; dated June 24, 1674; signed by John Fuller, t for the court; and served by William Crofts,t constable of Lynn, by attach- ment of house and land of defendant.
Richard Hood's bill of cost, John Joyliffes' attendance, etc., 12s.
Copy of Salem court records of 26 : 9 : 1661, 25 : 4 : 1661 and 26 : 9 : 1672, in relation to the ownership of the land, etc., made by Hilliard Veren, cleric.
Edward Richards of Lin, aged about sixty years, deposed that about twenty years since by virtue of a judgment granted against Mr. Addam Otley, Joseph Armitage seized by execution a herd of cattle, between twenty and thirty, belonging to the estate of John Humphreys, Esq. Sworn in court.
William Crafts, aged above sixty years, deposed that he saw several cattle of Mr. John Humphreys, upon the town common of Lin, on a Sabboth day, etc. Sworn in court.
Copy of will of Joseph Humfry of Linn, gentleman, dated July 3, 1663, "being bound on a Voiadge for England & vnder- standing in part the danger of the Seas: Item doe give my grant of three hundred Acres of land granted to me by the last generall Court if I dye before I come to New England vnto m' Antipas Boys, for the vse of his son Antipas junior Item. I give to m' Richard Price his sonne Thomas Price & to mrs Elizabeth Pelham all my Right & Title of my Farme at Lynn, where Fran- cis Ingolls now lives equally to bee devided betweene them, excepting Ten pounds that I give to m' Samuell Whiting senior & Pastor of the Church of Christe at Lynn: And for true per- formance hereof I doe appointe my trusty & welbeloved Freinde m' Richard Price to be my Executor." Wit: Thomas Kellond and John Wensley, in the presence of John Leverett, Esqr., Dep. Gov., and Edward Ting, Esq., assistant. Sworn, Oct. 23, 1672, by the witnesses, before Isaac Addington, cleric. Copy made by Isaac Addington.}
David Anderson, aged about twenty-nine years, deposed that about three years since, he being then in Lisborne, Mr. Joseph Humphry, formerly of this country, was killed, and de- ponent helped inter the body of said Humphrey. Sworn, Oct. 5, 1672, before Edw. Ting, assistant. Copy made by Isaac Adding- ton,t cleric.
¡Autograph.
318
SALEM QUARTERLY COURT
[June
Joseph Armitage v. Henry Roads. Review of a judgment at Ipswich court. Withdrawn, and defendant allowed costs .*
Hester Eastwick, administratrix to Benjamin Fermaiz v. Frances Collens. Verdict for defendant.
Mrs. Gennett Whiple, widow v. Left. Rich. Waye, Marshal Richard Waite and Bozoone Allen. Withdrawn.t
Samll. Hunt v. Leift. Samll. Apleton. For detaining a horse. Verdict for plaintiff, 5li. damage or the horse delivered.}
*Writ, dated June 25, 1674, signed by John Fuller,§ for the court; and served by William Crofts,§ constable of Lynn.
Writ: Joseph Armitag v. Henery Reed; trespass, for fencing his land; dated June 25, 1674; signed by John Fuller,§ for the court; and served by William Crofts,§ constable of Lynn.
+Bill of cost, 2li. 6s. 10d.
įWrit: Samuell Hunt v. Left. Samuell Appleton; for detaining a dark bay horse from him; dated June 25, 1674; signed by Robert Lord,§ for the court; and served by Simon Stace,§ con- stable of Ipswich.
Samuell Hunt's bill of cost, 2li. 8s. 3d.
Abigaile Burnam, aged about nineteen years, deposed that Hunt said that it was not their horse that was taken up, for their horse had the hair of his tail cut and a white foot, etc. Sworn, June 27, 1674, before Daniel Denison.§
Josiah Burnam, aged about fourteen years, deposed. Sworn, June 27, 1674, before Daniel Denison.§
John Saferd and his wife, Ann, deposed. Sworn, June 27, 1674, before Daniel Denison.§
Anthony Potter and Danil Potter, his son, aged fifteen years, deposed that the last Indian harvest young Sam Hunt came to their house to husk corn one night and young Sam. Appleton was there also. Appleton said that his horse was not three years old, etc. Sworn, June 25, 1674, before Samuel Symonds, Dep. Gov.§
James Fuller deposed that after Appleton had taken the colt out of Goodman Hunt's custody, carried it home to Labor-in- vain field, and Hunt had found him again, deponent met young Sam. Appleton at the mill, etc. Sworn, June 27, 1674, before Daniel Denison.§
Thomas Jacob testified that the jade John Browne desired Samuel Hunt to inquire after was a blackish mare, etc. Sworn, June 27, 1674, before Daniel Denison.§
Samuell Appleton, jr., aged about nineteen years, deposed that the reason his horse was not branded was because this horse leaped over the fence when his father was branding two years
§ Autograph.
319
RECORDS AND FILES
1674]
ago, and he was in haste and could not wait to find him, etc. Sworn, June 29, 1674, before Daniel Denison .*
Jno. Knoulton, aged about twenty-nine years, deposed that Samll. Hunt, sr., told him that he had agreed with Mat. Perry for 10s. to find his horse, etc. Sworn, June 26, 1674, before Daniel Denison .*
Will. Knolton, aged about thirty-one years, deposed that one day after lecture at the meeting house, Samll. Hunt, sr., told him that the horse he had lost was one he had of Daniell Hovey, etc. Sworn, June 26, 1674, before Daniel Denison .*
Samuell Appleton, aged about nineteen years, deposed that he was driving the horse in controversy when Goodman Hunt challenged him, etc. Sworn, June 29, 1674, before Daniel Deni- son .*
Nathaniell Browne deposed. Sworn, June 27, 1674, before Daniel Denison .*
Samuell Hunt, jr., testified that after young Saml. Appleton took away the horse from Doctor Davis and had kept him a fortnight, he came to Hunt's house, deponent's father not being at home. He met him in the cow house and with deponent's mother fell into discourse about the horse. Appleton said he would not let anyone look into the horse's mouth to tell the age, and before he would let Hunt have him, he would take an ax and knock out his brains. Elizabeth Hunt affirmed the same. Sworn, June 25, 1674, before Daniel Denison .*
John Chote, aged forty years and upward, testified that he thought the horse came of Daniel Hovi's breed because he bought one of the same breed. Deponent came to Hunt's on Sabbath days, etc. Sworn, June 25, 1674, before Samuel Symonds,* Dep. Gov.
Daniel Hovey deposed. Sworn, June 27, 1674, before Daniel Denison .*
James Fuler, aged twenty-five years, deposed that he met Hunt and Appleton near Goodman Hawordes and looking into the horse's mouth, he saw the bridle tusks, which deponent had been told by horsemen showed the horse to be nearly four years old, etc. Sworn, June 27, 1674, before Daniel Denison .*
John Line deposed. Sworn, June 27, 1674, before Daniel Denison .*
John Dane, sr., deposed as to marks on the colt. Sworn, June 27, 1674, before Daniel Denison .*
Mathew Pery deposed. Sworn, June 25, 1674, before Samuel Symonds, Dep. Govr .*
Jeams Burnam, aged about twenty-two years, deposed. Sworn June 27, 1674, before Daniel Denison .*
Daniell Wikam deposed that Goodman Hunt came to him the first Monday in March last and entreated him to plead a
* Autograph.
320
SALEM QUARTERLY COURT
[June
case for him, saying that his antagonist was a great man, Lt., Appleton. Deponent prayed him to go to Goodman Pickard and get him to do it. "he tould me that he had beene with him, and he sent him to me, by the same token that you gave him a nonsute at Ipswich the other day, he tould me that good- man Pickard had noe mynd to meddle with it, he should give offence to m' Phillips, I tould him mr Phillips was as neare me as goodman Pickard, And that Mr. Appleton and I had beene very good freinds many yeares, I was very loath to displease him, the sayd Hunt asked me how he should come by the horse that liftenant Appleton had taken from him. I tould him I knew no better way then to Replevy him, he tould me the Horse would not stay long at Leftennant Appletons, for he would not keepe from the horses he kept company with from a colt & commended the horse exceedingly, & he tould me that he could have a good cow for him, & that he could prove him suficiently to be his horse, and tould me the maior commended him very much I tould him if the horse came to his hands againe he would avouch him to be his I would buy him of him if he would sell him a reasonable peniworth if I liked him, only I would keepe a month upon tryall and we agreed to meet att m' wainwrights the thursday following to see if we could make a bargaine, that being a publike place; That soe Liftenant Appleton might haue notice of it, and Replevy him if he pleased, & the said Hunt answered me, and the said Hunt intreated me if he sent a horse to my house that I would keepe him for him, and he would content me for it, and the night following I was a broad very late, about midnight I went into my barne to looke at my sheepe it being lambeing time, there was no horse in my barne then that I saw, but the next morneing before sun rise I went into my barne againe to looke to my cattle, and there was a horse just within the barne dore eating as though he had beene put in but a little before, about three or foure houres after, goodman Hunt came to me and sayd he was goeing to Rowley mill, and prayed me to lend him my horse for his mare was very poore, I tould him I could not for my horse was poorer but there is a horse in my barne, that came I know not how, you may take him if you please for anything that I have to doe with him and Hunt sayd to me how doe you like that horse, I saide unto him he is a very asse in comparison of a horse, is this the horse you told me off, that mr Appleton had taken from you and Hunt sayd yea, I pray you keepe him for me a while and I will content you for it, I asked him how he came by the horse, but he tould me not how he came by him, but he sayd the first time that he saw him, was in my owne yard when I rose, and he was neighing after the horses he used to keepe company with," etc. Sworn, Mar. 31, 1674, in Ipswich court. Copy made by Robert Lord,* cleric.
* Autograph.
321
RECORDS AND FILES
1674]
John Line, aged about twenty-four years, deposed that he lived with Lieut. Appleton and Hunt tried to get him to take the horse away from his master and deliver him to him. He asked deponent to his house and said he had been to Rowley and con- sulted as to the best way to get the animal and would give de- ponent or anyone else 10s. to find him. Hunt also told him to borrow the horse, ride him to town and he would be in the way at Goodman Sawyer's and take him. Deponent refused to do all these things, but at length Hunt persuaded him to pull the pin out of the stable door and let the horse out. He did so, and Hunt's son Samuell caught him in Lieut. Appleton's yard, etc. Sworn, Mar. 31, 1674, in Ipswich court. Copy made by Robert Lord,* cleric.
Samuel Hunt, jr., and William Backer deposed. Sworn, June 25, 1674, before Daniel Denison .*
Tho. Boreman, aged twenty-four years, deposed. Sworn, June 29, 1674, before Samuell Symonds,* Dep. Govr.
Daniell Hovey deposed. Sworn, June 24, 1674, before Daniell Denison, and copy made by Hilliard Veren,* cleric.
Nathaniel Brown, aged twenty-two years, deposed that he went to Hunt's to borrow a pair of sheep shears, but he not being at home, deponent went toward William Hawood's house, where he found Hunt and Danill Hovie, with James Fuller "scorsing colts," etc. Sworn in court.
Thomas Knowlton, aged thirty-one years, testified that Hunt inquired of his brother Joseph Knowlton, etc. Sworn in court.
Thomas Fuller, aged seventeen years, deposed that he saw Sam. Appleton and Christopher Bowles turn the horse out, etc. Sworn, June 27, 1674, before Daniel Denison .*
Nicholas Marble, aged about fifty years, deposed. Sworn, June 26, 1674, before Daniel Denison .*
Samuell Appleton, sr., deposed that the horse was his and was never absent from the mare, except "at Topsfield being taken in a mans field of corne there seuerall times, the owner of ye Corne Goodm. Cumins coming to make a Complain that the horse had done him much damage." After that the horse was fettered, that is, from wheat harvest to Indian harvest, and later strayed into the common, etc.
Nathanil Browne, aged twenty-three years, and James Fuller, aged twenty-five years, deposed that John Browne, jr., etc. Sworn in court.
Philemon Dane, aged about twenty-seven years, deposed. Sworn, June 27, 1674, before Daniel Denison .*
Anthony Potter and Isaiah Wood deposed concerning the horse that Appleton's son took from Thomas Borman's. Sworn, Mar. 31, 1674, in Ipswich court, and copy made by Robert Lord,* cleric.
* Autograph.
322
SALEM QUARTERLY COURT
[June
Robert Sanford v. Nathaniell Putnam. Trespass. Verdict for defendant. Appealed to the next Court of Assistants. Robt. Sanford and Capt. Hutchinson bound .*
John Browne, jr., deposed. Sworn, June 25, 1674, before Samuell Symonds, Dep. Govr.t
Caleb Kimball, deposed. Sworn, June 29, 1674, before Daniel Denison.t
*Writ: Robert Sanford of Boston v. Nathaniell Putnam; trespass; for cutting down wood and timber and fencing in a considerable parcel of land belonging to the farm that was for- merly Townsend Bishop's and now belongs by right to plaintiff; dated 24 : 4 : 1674; signed by Hilliard Veren,t for the court; and served by Henery Skerry,t marshal of Salem.
Copy from the town book of Salem, 11 : 11 : 1635, made by Jno. Corwin,t in the name of the selectmen: "Granted by the Freemen of Salem to M' Townsen Bishop of the Same his Heirs & Assignes foreuer one Fearme Containing Three hundreth Acres, Butting uppon Mr Endicots farme on the East & fouer hundreth Poles in length & Six Score poles in breadth, yt is to say Six Score & foure at ye west end and one hundreth & Sixteene at the East end, bounded by the water betweene ye fearme of the Executors of mr Skelton and him at the North East Corner of his farme, and hath there allowed from m' Endicots farme, eight acres for an highway bounded again at ye South west Cor- ner by the Brooke, Prouided always that in case of Sale the Toun of Salem to haue ye first proffer of that before any other."
Joseph Houlten deposed that the pine or hemlock tree at the sawmill at Crane river has been the bound of the lands of Mr. Townseng Bushep for nearly thirty years, and deponent being sometime with Mr. Allen and Mr. Fisher of Dadom, the line was run and they found that the marked trees agreed with the records and the marked tree on the northeast corner and the southwest corner stand upon the same brook. Further standing at the hemlock tree, Mr. Allen agreed to the bounds with Nath- anill Putman, and there was a middle tree marked as a bound by consent of Mr. Allen and the rest of the proprietors there, which tree is standing by the pathside near Mr. Allen's house. Sworn in court.
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