Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5, Part 35

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 35


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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Danil Waycom's bill of cost, 1li. 8s. 10d.


John Pickard deposed that upon the day the agreement was made after he and Wickam were through quarreling, they dis- coursed pleasantly. Wickam said in the presence of John Acy "that they had spent the day till now waiting for you or other- wise we might have done by this time but I thought your brother had a mind to haue you present and now ye are come we are like to do nothing neither I told him the said daniell I am sory I should hinder you let us do it yet. Afterwards they went to John Johnson's house and then was the writing made called the agrement signed by me and daniell wickam as witnesses their- unto And further saith that about a month after I knowing Jonathan moores was their at that day I asked him what those promises were that was before he went away whither they were reall things or matter of discourse he answered my uncle said he was willing to take cattle and he desired nothing before may day but they finished nothing while he that is Jonathan Moors stayed." Sworn, June 23, 1674, before Daniel Denison.t


Wm. Tenny deposed that discoursing with Symon Chapman about Daniel Wickam suing John Pickard about a slander, Chap- man said it was a frivolous business and he thought they were about to play the knave with said Pickard. Sworn, June 30, 1674, before Daniel Denison .¡


John Johnson deposed that he and his brother Pickard going to Thomas Leaver's for copies of ox-pasture orders, said Leaver told them that John Acy and Daniell Wickam came one night when he was in bed and they searched among the writings. They said they wanted copies and said he could give only copies of copies that he kept for his own use. Sworn, June 24, 1674, before Daniel Denison.t


t Autograph.


343


RECORDS AND FILES


1674]


Daniell Wicum v. John Pickard and Abram Hazelton. Ver- dict for defendants .*


Simon Chapman, aged about thirty years, and Abell Platts aged about twenty-four years, deposed that they were at Major General Denison's house on May 6 or 7, etc. Sworn, June 27 1674, before Daniel Denison.t


Thomas Leavor testified that his wife told him that they looked at the writings when he was in bed, the said writings having been left in his keeping for the use of such as belonged to the east end ox-pasture. He was desired by some of the company to keep them and at a meeting of the ox-pasture men, to transcribe them. A few mornings after, Jno. Acie desired to see those writings which deponent had transcribed and he was given them, and when he had looked at them, he put them all into his pocket. Deponent got hold of his hand and said he should not have them, but that he would give him copies. Acie said copies would not do and if deponent would not let him have them, he would tear them in pieces. While they were talking in the yard, Rich- ard Holmes and Thomas Tenny, sr., appeared, they both be- longing to the ox-pasture, and they persuaded him to return the papers, until at length he gave back what he saw fit and car- ried away those that were fairly transcribed, and also one of the original papers. Sworn, June 29, 1674, before Daniel Deni- son.t


John Acie deposed. Sworn in court.


John Johnson and Richard Holms deposed. Sworn, June 29, 1674, before Daniel Denison.t


*Writ: Daniell Wicum v. John Pickard and Abraham Hassel- tine; for illegal seizing of a gate and a half in the east end ox- pasture by execution, which was taken out against Thomas Remington by John Pickard, said gate having been bought by Daniell Wicum of Remington, which was all the right the said Remington bought of John Tenny; dated June 24, 1674; signed by Robert Lord,t for the court; and served by Jeremiah Els- worth,t constable of Rowley, by attachment of the houses of defendants.


Copy of the execution, dated Apr. 23, 1674, and served by Abraham Hasseltine,t deputy marshal. The appraisers, James Bayley and Marke Prime, valued the gate and a half at 12li., and on Apr. 28, 1674, the marshal gave possession to John John- son by turf and twig.


Jno. Pickard's and Abram Hezeltine's bill of cost, 1li. 9s. 6d.


Thomas Remingtont certified that he sold his rights in the gate to Daniell Wickam, and promised to give him a deed as soon as he could find what right he had. Also that Capt. Samuell


+ Autograph.


344


SALEM QUARTERLY COURT


[June


Broklbanke and Samuell Platts were witnesses. Sworn before Samuel Symonds,* Dep. Govr.


Daniell Wicam* and John Acie* deposed that they went with Thomas Remington to John Jonson's when he tendered cattle to satisfy judgment of 10li., he and his boys driving oxen into the yard. "John Jonson smiling said I haue no need of ye pay at present I had Rather that you wood stay till may or there- abouts: then Replyed John Acie that may proue a trappan to thomas Remington for by this you will gaine tim and soe Com with your execution some time when Cons: Remington is not at home and serue it on his house and land or Something that he can spare as badly as the gate and quarter: John Jonson Answered and said if I had been forward to take out an execution I might a taken one out before Now: well said goodman wicam if you will ingage and promise before these folkes that their shall noe execution Com against thomas Remington upon the account of the Jud[g]ment aboue writen of the ten pounds with the Court charge Relating to the action of the gate and quarter: we will take the cattell away again and pay you at the day appointed: which is may day or their abouts: what a dow make you said goodman Jonson: I thought wee had doon before I haue prom- ised you oft anough: but said goodman wicam when goodman pickard Comes he will perswaide to one knauish trick or other for you are not your owne Counceller well said goodman Jonson I doe promis you before these folkes that theire shall No execu- tion Com against Thomas Remington about this action you make soe much adow about and that Thomas Remington shall com to noe Damage by taking the cattell againe soe that he pay me any time between this and the beggining of May." This promise was made Apr. 16, 1674. Sworn in court.


Samuell Brocklebanke* and Samuell Platts* deposed that they appraised, Apr. 25, 1674, the two pair of oxen at 10li. 17s. per pair, and one cow at 3li. 10s. Sworn, June 29, 1674, before Samuel Symonds,* Dep. Govr.


Philip Nelson and John Acie deposed that at a meeting of the proprietors of the ox-pasture, they heard Goodman Johnson say that he was willing to give them the 10li. that he was to have of Remington if they would sell him one gate. He also brought a paper under Mr. Philips's hand, in which he certified to the same. Sworn in court.


Thomas Tenny, sr., and Richard Holmes of Rowley deposed that when John Acie was accused of taking the papers, he said that church members would lie and swear to anything, etc. Sworn, June 29, 1674, before Daniel Denison .*


Jonathan Moores, aged twenty-eight years, and Sarath Long- horn, aged about fourteen years, deposed that being at their


* Autograph.


345


RECORDS AND FILES


1674]


Hen. Bennett v. Moses Pengry. Review. Withdrawn .* John Porter, sr. v. Jon. Porter, jr. Verdict for defendant.t


uncle Jonson's house on Apr. 16, 1674, etc. Sworn, June 29, 1674, before Daniel Denison.±


Samuell Brocklebanke and Samuell Plats deposed that the affair was talked over at a church meeting, as to who had been wronged, etc. John Pickard said if there was any blame, to lay it on him. According to their understanding of the transac- tion of the town in the selling of gates, there was nothing intended but herbage for a beast, except in sales wherein privileges and appurtenances were expressed, but that wood and stones and all kind of minerals are accounted common. Leonard Herriman testified to the same. Sworn, June 29, 1674, before Samuel Symonds,į Dep. Govr.


John Johnson deposed concerning his brother John Pickard, etc. Sworn, June 29, 1674, before Daniel Denison.}


John Acie deposed. Sworn in court.


Abraham Heseltine,į John Sawert and John Pickard, jr.,į testified that upon training day at Rowley, John Acie called Abram Hezeltine a lying church member several times, and Daniel Wicam, who was present said that if all the church members who told lies were cast out of the church, there would be few left, etc. Sworn, June 29, 1674, before Daniel Denison.Į


*Writ, dated June 23, 1674, signed by Robert Lord,¿ for the court, and served by Simon Stace,¿ deputy for Robert Lord,± marshal of Ipswich.


fWrit: John Porter, sr. v. John Porter, jr .; forfeiture of a bond of 500li .; dated June 8, 1674; signed by Hilliard Veren,į for the court; and served by Henery Skerry,# marshal of Salem. Bond of John Porter, jr .¿


Agreement, dated Nov. 30, 1670, between John Porter, sr.,§ and John Porter, jr.,§ to leave their differences to arbitration: "Whereas there hath occasionally fallen out seuerall differences betweene ye said Father & his said sonne, & particularly Con- cerning a necke of Land Commonly Called Skeltons necke, Now the parties aboue named haue mutually agreed and doe by these prsents agree to refer all differences that are or at any time haue beene betweene them, ye said father & sonne, & in pticular that of ye said necke of land, Called Skeltons necke - to the hearing and determination of Mr Richard Collicutt, and mr William Bartholmew, both of Boston, & whatsoeuer the said Arbitratours shall agree on and determine in all ye differences aboue specified, they giueing in their Award within one weeke after ye date of these prsents, wee the said John Porter senior & John Porter


# Autograph.


§ Autograph and seal.


346


SALEM QUARTERLY COURT


[June


William Merriam and Nathaniell Ballard were sworn consta- bles for Lin.


Henry Bennett v. Benjamin Morgaine and Joseph Morgaine. Debt. Verdict for plaintiff .*


Thomas Bowen v. John Legg. Verdict for defendant.t


junior, doe bind ourselues our Seuerall heyres, Executours & administrators under the penalty of Fiue hundred pounds," etc. Wit: Moses Mavericke.į


John Torner,¿ Henry Bartholmewt and Richard Princet deposed. John Torner made oath before Wm. Hathorne,¿ assistant, and the others were sworn in court.


Josep Day, aged about twenty-five years, and Michaell Derick, aged about eighteen years, testified that the last May they saw John Porter, jr., cut and pull down his father's fence on Skelton's neck. Sworn in court.


Award of the arbitrators, dated Dec. 2, 1670, and signed by Richard Collecotti and William Bartholmew :¿ that the whole estate belonged to the father and as to the son's claim of a child's portion, they awarded to the said son 150li., to be paid by John Porter, sr., at his now dwelling house which was to end all differ- ences between them. Wit: Walter Price} and Richard Prince.}


Nathaniell Felton and Richard (his mark) Leech, being chosen to appraise the estate of 150li., testified that it was tendered in specie upon Dec. 2, 1671, but John Porter, jr., refused to accept it. Sworn, 22 : 1 : 1671-2, before Wm. Hathorne,į assistant.


Michaell Derich, aged about seventeen years, and John Bur- rowes, aged about twenty-one years, deposed that several times the past summer they saw John Porter, jr., pull down his father's fence and at one time took several lengths of rail fence and carried it to a heap and burned it. They had also seen him cut down some trees on his father's land. Sworn, 25 : 1 : 1672, before Wm. Hathorne,¿ assistant.


*Writ, dated June 23, 1674, signed by Robert Lord,¿ for the court, and served by Henery Skerry,¿ deputy for Robert Lord,} marshal of Ipswich, by attachment of the house and land of Benjamin Morgan's and a brass kettle of Joseph Morgan's, and "read the atachment at ye house to his wife & mother."


Henry Benitt's bill of cost, Ili. 14s.


Bond, dated Nov. 27, 1672, given by Benjamin (his mark) Morgin and Joseph (his mark) Morgin of Beverly to Henery Benitt of Ipswich, for 9li. 15s., to be paid in money, malt, wheat and pork. Wit: Walter Fayerfieldį and Robert Lord, jr.# Sworn in court.


t Writ: Thomas Bowing v. John Legg; for many years # Autograph.


347


RECORDS AND FILES


1674]


unjustly and forcibly detaining for his own use a parcel of land containing four acres in Marvellhead, which belongs to plain- tiff, as by bill of Bowen appears; dated, Boston, June 24, 1674; signed by Jonath. Negus,* for the court; and served by Richard constable of Marblehead.


Bill of sale, dated June 12, 1674, given by Robert (his mark) Elwell of Gloucester to Thomas Bowen of Marblehead, certifying that he had sold the said land about twenty-eight years since to said Bowen and gave him possession. Wit: John Emerson* and Peter Duncan .* Sworn in court.


Thomas Bowing's complaint to the court: that when he saw Legg begin to build a dwelling house on this land, he took a friend with him and said "John Legg this is my Land yt now you are abuilding vpon; & it may be one of my Sons for ought you know." Legg then railed at him, called him base names, as "pitiful beggarly rogue and rascal," etc.


John Peach, jr., aged about sixty years, deposed that being a selectman, he went to look at the bounds of this land, and Bowen told him that he had sold it to John Legg. Sworn in court.


Samuell Hudson, aged about twenty-four years, deposed that about six years ago, he heard a difference between John Legg, jr., and Thomas Bowing concerning the land that John Legg lives upon. Further that "Thomas Bowing tould legg thatt hee beult A House for one of his sons," and later deponent heard John Legg say that his father never bought any land of Bowing, but of Bowing's wife and he paid Mr. Johnson a cow for it, that is, the land upon which John Legg's house stands. Sworn in court.


John Legg's bill of cost, 2li. 16s. 8d.


Joseph Benett, aged fifteen years, deposed that he heard his master John Legg say to his dame Legg that he had been with Goody Bowing and asked her whether she had sold the lot and she said no, and she asked him what he would give for it and he told her a cow and one pair of shoes. Further deponent was driving cows by the shop of John Legg about two weeks ago, when said Legg called him into the shop and said that he heard that he was going to swear against him, but deponent said he would not if he could help it. Deponent said that Samuell Rowland would make him swear, but Legg said he would clear him from said Rowland. Sworn, 1 : 5 : 1674, before Wm. Hathorne,* assistant.


John Clemons, aged about sixty years, deposed that John Legg, sr., had owned this land for twenty-two years, etc. Sworn in court.


Benjaman Parmitor, aged about sixty-three years, deposed that it was nineteen years since John Legg, sr., laid claim to this land for which he paid a cow to Mr. Fransis Johnson. Also when


* Autograph.


348


SALEM QUARTERLY COURT


[June


Mr. Hutson Leveritt, upon acknowledgment of his speaking rash words tending to the defamation of Jon. Peach, the latter was satisfied.


Philip English v. Richard Hollingworth. Debt. Verdict for plaintiff, to be paid in fish .*


Bowing told Legg that he did not sell him the land, Legg threat- ened to put him in jail and Bowing dared him to do it. Sworn in court.


Hennory Stase, aged about sixty years, deposed that Bowing possessed Robartt Ellwell's land after the latter left town. Sworn in court.


Henenry Codner,t aged about twenty-four years, deposed. Sworn, 23 : 4 : 1674, before Wm. Hathorne,f assistant.


John Bartell, aged about forty-three years, testified that John Legg, sr., deceased, etc. Sworn in court.


Abraham Whettcher, aged about seventy-six years, deposed. Sworn in court.


Christopher Lattemore, aged fifty-two years, deposed that he being a selectman, etc. Sworn in court.


Samuell Morgan, aged about thirty-six years, deposed that Legg said he had possessed this land for thirty-seven years. Richard Norman, aged fifty years, deposed the same. Sworn in court.


William Neck and Alc. Peach, aged forty-two and fifty-seven years, deposed. Sworn in court.


Ellen Stacie, aged about forty-one years, deposed that this land lay very near her land, etc. Sworn in court.


*Writ, dated May 21, 1674, signed by Hilliard Veren,t for the court, and served by Henery Skerry, t marshal of Salem.


Letter of attorney, dated June 16, 1674, given by Philip English# of Salem, seaman, to Henry Skerry, sr., of Salem. Wit: William Laket and Hilliard Veren, sr.t Allowed in court.


Mary Hollingwood, aged about twenty years, deposed that Philip English sold Richard Hollingworth a hogshead of brandy, containing 84 gallons for 4s. p gallon, to be paid in fish when he came from the eastward, he being then bound for the eastward. Sarah Barret deposed the same. Sworn, 1 :5 : 1674, before Wm. Hathorne.t


Matthey Nixson, aged above fifty years, deposed that when Hollingwood returned, he said he had not fish enough to give him. Sworn, 17 : 4 : 1674, before Wm. Hathorne, f assistant.


Mary Beckett, aged about nineteen years, deposed that being at William Hollingworth's house, etc. Sworn, 1 : 5 : 1674, before Wm. Hathorne,f assistant.


+ Autograph


# Autograph and seal.


349


RECORDS AND FILES


1674]


Mr. William Browne, sr. v. Nicholas Manning. Debt. Ver- dict for plaintiff .*


* Writ, dated June 22, 1674, signed by Hilliard Veren, t for the court, and served by Henery Skerry, t marshal of Salem.


Bill of cost, 1li. 13s. 6d.


John Appletont certified, 15 : 4 : 1674, that when they reck- oned with Mr. Manning, he made no objection to the steers, nor against the account, only about the steel, and they looked in the waste book and found that it was delivered to him, also much liquor. As for the brandy, deponent delivered much of it to his family. Sworn in court.


Nicholas Maning is Debtor, 1671, 15 : 12, Ballance, 15li .; 17: 1 C nayls, 12d., 1 peck sault, 2li., Tobacko, 2s. 10d .; 21: pips, 2d., 1 C nayls, 15d., 1 pt. Brandy, 2s. 5d .; 5 : 1 : 29li. spa Iron, 1 pt. Brandy, 1 pt. Brandy, 9s. 3d .; 13 : 2 :1 C. 1 qr. 10li. Iron, 2 C. nayls, 12d., 45 foot Boards, 1li. 2s. 10d .; 25 : 32 foot Board nayls, 14d., 3s. 6d .; 6 yd. Karsy, 10s., thrid, 4d., nayls, 4 1-2d., 3li. 8 1-2d .; 1 : 3 : 1-2 barll. Salte, 1 pt. Brandy, 1-2 Ell Canvis, 2s. p. yd., 3s. 11d .; 3 :3 :5 oz. whalbone, thrid, 3d., 1 hatt & band, 8s. 6d., 9s. 2d .; 7 : 1 qt. Vinegar, 14li. 1-2 spa Iron, 4s. 1 1-2d .; 13 : 6 C. 20li. Topisfd Iron, 1 pt. Brandy, 7li. 9s. 2d .; 27 : 1 peck wt. salte, 1 C. 9li. Spa Iron pins, 18d., 1li. 12s. 9d .; 6 :4 : 4li. 3-4 steel, 3 yd. 1-2 Karsy, 10s. p., silk, 11d., 2li. 8d .; 20 : 4 : thrid, 4d., 1 qt. Vinigar, 1 pt. Brandy, 2s. 4d .; 2 : 5 : 1 qt. Brandy, 25 1-2li. flax at 14d., Ili. 11s. 9d .; 12: Earth Ware, 15d., 2 yd. Coll. Cloth, 4s. p., 9s. 3d .; thrid, 2d., 5-8 yd. Cotton Cloth at 4s., 2s. 8d .; 14 : thrid, 8d., 1 pt. Brandy, Earth ware, 14d., 2s. 10d .; 20 : 1 pt. Brandy, 1 pt. Brandy, 1 qt. Brandy, 4s .; 1 : 6 : 2 Sythes, 9s., 1 Rubb stone, 4d., 9s. 4d .; 5 : 1 pt. Bran- dy, 1-2 C nayls, at 2s. 6d., manchester, 1d., 2s. 4d .; 2 qt. 1li. Spa Iron, 1 pt. brandy, 1 Rubbstone, 4d., 15s. 7d .; 14 : pd. Danll. Boarman, 12s., 1 pt. brandy, 13s .; 24 : 1 pt. brandy, 2 qt. Vini- gar, 1 qt. Brandy, 3s .; 5 :7 : 1 pt. Brandy, 3 C nayls, 4d. p., 2 yd. Wodmill, at 5s. p., 12s .; 11 : 1 qt. Brandy, 1 Sickell, 22d., 3s. 10d .; 20 : 1 pt. Brandy, 1 pt. Brandy, 2s .; 2 bus. Indian, 6li. suggr., 2 pr. stockins, 14s. 8d .; 27 : 7 : 1-2 bus. salt, 31li. spa. Iron, 9li., 5 oz. steell, 17s .; 1 : 8 : 1 pt. Brandy, 17 oz. Steale, 3 yds Karsy, 7s. 6d., 1li. 4s. 7d .; 28 : 2 doz. buttens, thred, 3li. soape, 3s. 1d., 31 : 2 yds. Canvis, 2s. p. pd. Wm. Nichols, 2s. 6d., 6s. 6d .; 5 :9 :1 yd. Canvis, 22d., 1 yd. 1-2 Karsy, 6s. 6d. p., 11s. 7d .; 14 : 16 1-2li. spa Iron pd. Jno. Martinn, 9s. 7d .; 15 : 1 pt. rum, 1 barll. salte, 22 1-2 hoggs. Sewitt, 12s. 3d .; 23: 9 :649 foot Boards, erthen ware, 8d., 2li. 2s. 10d .; 9 :10:42 spa. Iron, 1 1-2 yd. Cotton, 3s. p., thrid, 2d., 15s. 2d .; 25 :3-8 yd. Karsy, 9s., 2 1-2 yd. red Cotton, 4s. 2d., per, 13s. 9 1-2d .;


t Autograph.


350


SALEM QUARTERLY COURT


[June


Sara Juet, attorney to her husband Jeremiah Juett, and Phillip Nelson, executors v. Mr. Edw. Rawson. Withdrawn .*


Richard Meeke acknowledged judgment to Mr. Christopher Lattamore.


Court ordered that what goods one Elizabeth Clenge had left in the custody of Richard Sibly, be secured until the next Salem court.


Mr. Ed. Rawson and Mr. Bozoone Allen were allowed costs in an action brought by Sara Juett, who did not prosecute.


Hanna Hutchesson, for breaking into the house of Wm. Blunt on a Lord's day and stealing several things, was sentenced to be branded and severely whipped .;


29 : 11 : 1 qt. rum, 18d .; 1 qt. Vinigar, 3 pt. rum, 4s. 4d .; 1 pt. rum, 1 yd. 3-4 Canvis, 1 Spr. Locke, 6s. 9d .; 22 : 12 : 2 Iron Latches pd. Steph. Johnson, 1li. 4s .; 29 : 1 : 1 qt. Brandy, 1-2 bar salte, 1 qt. Vinniger, 7d., 4s. 7d .; 22 :3 :1 pt. brandy, 2 qt. brandy, 5s .; pd. Hen. Kimble for 2 steers, 7li .; 17 : 5 : 1 qt. brandy, 1 qt. brandy, 1 qt. Vinigar, 7d., 4s. 7d .; 20 : 6 :1 pt. brandy, 1 pt. brandy, 1 pt. rum, 2s. 9d .; 2 : 7 :2 pt. brandy, 3s .; 9 :7 : 4 Chaldron Coales, 1 peck salte, 7li. 1s .; 13:8 :2 pt. Brandy, 1 qt. Vinigar, 2s. 7d .; 19 : 9 : 1 pt. Brandy, 1 qt. rum, 1 qt. Brandy, 4s. 6d .; 17 : 1 bar salte pd. Jno. Hathorne, Linn, 19s .; total, 64li. 11s. 9 1-2d. Recd. in worke per my- selfe & other men to ye 16th June 1674, 30li. 3s. 9d.


*Writ, dated 23 :4 : 1674, for prosecuting for the forfeiture of a bond of 1,500li., and casting the case against them by defend- ant's testimony, signed by Robert Lord,¿ for the court, and served by Rich. Wayte,¿ marshal of Suffolk. Bond of Edward Rawson.


Summons, to Mr. Edward Rawson of Boston, dated 23 : 4: 1674, and signed by Robert Lord,¿ for the court.


William Bluntt's bill of cost against Hannah Hutchenson, wife of Samuell Hutchenson: for my owne Attendance with my Horse, 8s .; constable, 15s .; 6 pounds of Suger at 6d. p pound which Hanah Hutchenson stoalle, 9s .; mony stolen, 6s .; sume Chilldbeead lining worth about 5s., and about 1-2 pinte of Rum, 15s. 9d .; total, 2li. 13s. 9d.


Simon Bradstreet certified, 29 : 4 : 1674, that Willm. Blunt bound himself to prosecute Hanah Hutchinson at the next Salem court, for burglary and theft.


Examination of Hanah Hutchinson, taken 29 :4 :1674, by Simon Bradstreet,į assistant: she acknowledged that yesterday being the Lord's day, she went into the house of Wm. Blunt of # Autograph.


351


RECORDS AND FILES


1674]


Whereas there was some land to be divided by the will of Tho. Flint, deceased, to his sons Tho. and Joseph, and it being not yet divided, court appointed Lt. Tho. Putnam and John Pickering, together with one whom said Thomas was to choose, to see it done.


Complaint being made against Nathll., Samll., and Tho. Leon- ard by Hanna Downing for several misdemeanors and lascivious carriages proved against them, but several of the charges having been proved several years since, court sentenced them to be whipped or pay a fine. They were also bound to good behavior .*


Andover, at the window which she said was open, and stole sugar, linen and some rum which she drank.


Warrant, dated 29 :4 : 1674, for the committment of said Hannah to Salem prison, signed by Simon Bradstreet .¿ Samuel Martin,t constable of Andover, appointed Samuell Frie his deputy. No return made.


Search warrant, dated 28 :4 : 1674, signed by Simon Brad- street,f and returned by Samuel Martin,t constable of Andover, who found at the house of Samuell Hutchinson one double clout and a child's bed which Blunt owned.


*Warrant, dated June 16, 1674, signed by Samuel Symonds, i Dep. Govr. Robert Lord,t marshal, appointed Symon Stace, his deputy to serve it.


Bill of cost of Robert Lord, 1li. 5s.


Hannah (her mark) Downing's complaint: that the Lenords had on many occasions annoyed her when she was in bed, kicked her and struck her several times until she thought they would kill her. She told their father and mother and they would not believe it, and complainant was "afraid that thay would kille mee if the athoriaty dos not take some corse with them." Said Hanna gave bond to Samuel Symonds,t Dep. Govr., to prose- cute.


Samuel and Thomas Leonard were also bound, with Thomas Baker as surety.


Bill of cost, 5li. 4s. 2d.


Jno. Hounkin deposed that he living at the house of Henery Linnard the last winter, never saw any miscarriage by Samuell nor Thomas Linnard toward Hannah Downinge, but that she went abroad at unseasonable times in the night and did not come home until it was almost day. Also at sundry times she used to sit up almost all night with fellows who came to the house. He told of her unbecoming conduct with Benjamin Bigsbee and of her lying upon the boy's beds so that they had


t Autograph.


1


352


SALEM QUARTERLY COURT


[June


to get her up to go to bed. Further that her dame took great care to prevent sin and that she often arose in the night to chide said Hannah for her carriages. Samuell Linnard also chided her and told her that he marvelled that any man would want her. Once when reprimanded, she went away and said she had been with Joseph Biggsbee all day. Jno. Tarball and James Caddy testified to the same.




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