USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 39
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"So Margaret standing upon the threshold, John Coggswell desired to speake a word or two with her at a neighbors howse: She Answered, tould him it did not ley in her power, vnlesse it was with her mothers will, soe John went away & left her. Soe Margaret went to the dore & tould her mother that she vnder- stoode what his business was, but she would not giue him liberty to speake with her without her leaue, for she had left it wholly to her. And her mother asked her if he was gone. And mris
Gifford said she did beleeue he would Come againe the next day & I said Margaret I beleeue soe too. Soe accordingly he came the next day & Asked her Consent, which she granted, soe shee went up the stayers, & left them alone below about an houre or more. And after he was gone Margaret tould her mother what had past betweene them, And her mother said, she had nothing against him. She did not know what might bee, she liked him very well. Some times John Coggswell Came when my mother was not at home, but allwaies Margaret tould her mother what past betweene them, & when hee Came when mris Gifford was at home, she allwaise made him welcome. Aboute the latter end of August 73, there grew some difference betweene the said John & Margarett & one of their neighbors tould her mother of it. And her mother Asked Margaret, if it was soe. & she tould her yea, & she asked her what was the reason for it,
382
SALEM QUARTERLY COURT
[July
Capt. Tho. Marshall testified that in discourse with Mr. John Gifford this morning concerning the marriage, he said that if it was his daughter's mind to go, he would not hinder her, and further said Gifford told deponent and Mr. Purchass the day before that he would leave it to authority. Sworn in court.
John Floyd testified that the last winter Mrs. Gifford came to his house, and upon asking her about the marriage, she said she should not trouble about it until her husband came home and did not show any unwillingness. Sworn in court.
Mr. John Cogswell affirmed that while Mr. Gifford was in England and Mrs. Gifford had the disposal of her daughter, they agreed to the marriage, and Margaret owned in court that there was a solemn promise, which she should ever stand to, with said Cogswell.
John Clifford, constable of Salem, was allowed 5s. for whipping and branding Hanna Huchens.
Whereas the last Ipswich court granted an order for remanding the estate of Thomas James, deceased, out of the hands of Jere- miah Meacham, former administrator, and now finding that they were falsely informed, said Meacham desiring to be released, and understanding that the son of said James, deceased, and rightful heir is alive and will be of age within a year, it was or- dered that the estate remain in said Meacham's hands, there being no one legally impowered to call him to account or give him a discharge .*
saying she did beleeue it was because you haue heard your father was Coming ouer with good estate, & that neighbours would be apt to think soe too, & she was apt to thinke soe herselfe, shee said she was sorry for it, & wisht Margaret had bene wiser, you might haue kept him in hand till your father Came home, & let him haue broke it if margaret had bene soe minded. And after- ward the yonge folke were reconciled againe themselues. And soe haue Continewed to this day."
*Inventory of the estate of Thomas James, taken, Apr. 3, 1667, by Nathaniel Feltont and Michael (his mark) Shaflin: a chayne, 6s .; plowsheare & bolt, 6s. 6d .; payre of boxes, 8s. 6d .; old payre of cast boxes, 4s. 6d .; set of hoopes, 6s. 8d .; total, 1li. 10s. 2d.
Petition of Jeremy Meacham of Salem: that about eight years since he was appointed administrator of the estate of said James,
tAutograph.
383
RECORDS AND FILES
1674]
Whereas there was an execution levied upon the person of Joseph Armitage to the value of 22li. 4s., and his person being committed to prison, for satisfaction, to Mr. John Ruck, it being the remainder of a judgment of 51li. 12s. 6d., court ordered that said Ruck have said Armitage as a servant for seven years, next ensuing, or he was to abide in prison, provided said Ruck pay for his maintenance there according to law.
There being an order of the last court for laying out the high- way by Mr. King's farm between Lin and Marblehead, the re- turn was allowed and filed .*
Also the return made by Mr. Hen. Bartholmew of the highway in Beverly town, by Robert Hebert's and Thomas Chub's land, was allowed and confirmed.t
and had been to considerable expense to preserve it, and a com- plaint having been entered at the last Ipswich court, charging him with waste, which charges were proved false, he asked to be continued as administrator.
*Henry Bartholmewį and Edm. Batter,į 6 :10 :1673, deter- mined "1. That the upward way which Runneth thro the woods knowne by the Name of the new way from Darnells house || to Lyne || shalbe the setled Country highway, 2 that from Darnells house to the corner of Edward Richards fence next to Lyne Towne the way shalbe foure Roads broad, & from thence to the Towne three Roads broad."
"And wee say further: as to Mr Ralphe Kinge chardges layd layd out About the form" highway wh. Runs neare the saide Kinge land and what else he disbursed in the pursuance of a setlmt of the way The towne of Lyne shall alow the said Kinge ten pounds in some good pay to his satisfacon puided if any diference about the pay & they cannot agree; then those apoynted for the setlmt of their diferences or the majr part of them shall end it for them, and the said Ralph Kinge shall enjoy haue and possese the highway formerly layd out by his land to him and his heirs foreuer Free from all Title or clayme from the Towne of Lyne or any other whatsoever."
¿Henry Bartholmewt and Tho. Fiske,# 3 :2 : 1674, "deter- mined the line eastward to run from the Corner of Chubbs fence to a bound tree beetweene Marke Hascall and osmund Traske and from that tree to a stake on this side the smithes shopp as the fence now runneth and from the sd stake uppon a straite line to the fence at the foote of the hill belowe the pounde and in bredth to be foure Rodd wide from the foote of the hill vnto the afore sd bounde tree betweene Traske and Hascall and from
# Autograph.
384
SALEM QUARTERLY COURT
[July
Allowed to the servants of Mr. Gardner's house, for both sessions, 10s., to Mr. Gedney's servants, 4s., to Mr. Browne's maid, 2s.
the sd tree the bredth of the way to be vnto a stake over against it on the west side and from that stake to the Corner of Chubbs fence to be the west line."
Writ: Dudley Bradstreet of Andover v. Edward Richardson, jr., the boatman; for not delivering goods received on board the bark Adventure, according to receipt dated Nov. 21, 1673, and carried on freight to be delivered at the house of John Griffin at Bradford; dated Apr. 14, 1674; signed by Dudly Bradstreet,* for the court; and served by John Baily,* constable of Newbury. Bond of Edward Richardson .* Wit: Wm. Chandler* and John Bartlett, jr .*
Writ: John Wells of Newbery v. Samuel Shepherd; debt to be paid in wheat, rye, work or Indian corn; dated June 23, 1674; signed by Nath. Saltonstall,* for the court; and served by Robert Ayers,* constable of Haverhill, by attachment of house and land of defendant.
Writ: Capt. William Gerrish v. the Town of Newbury; debt of 20li. which was disbursed for the town's use; dated June 21, 1674; signed by Anthony Somerby,* for the court; and served by Henery Skerry,* marshal of Salem, by attachment of New- bury common land between Anto. Morss, jr. and Henry Jacquish, which runs up to Capt. Wm. Gerrish's pasture.
Copy of discharge, dated Apr. 29, 1660, given by Samuell (his mark) Benit of Rumney Marsh, yeoman, to Mr. Henry Web of Boston, merchant, for all debts transacted in relation to the Iron works. Wit: Edward Hutchinson, William Osborne and Joseph Rock. Sworn by Edw. Hutchinson, July 21, 1674, in court at Salem.
Thomas Laughton,* clerk, certified that at a town meeting in Linn, June 11, 1674, William Merream and Nathanyell Ballard were chosen constables. At the same meeting William Crofts,* constable, returned the names of Mr. Edward Needam, Mr. Henare Roids, Mr. John Hathorn and Mr. Danyell King, for the jury of trials.
Zacheus Curtis'* charges in 1674 for John Godfrey, 2 days work about getting him out of prison at midsummer court the last year, etc.
John Johnson agreed, Apr. 16, 1674, not to prosecute the action against Thomas Remington concerning the gate at ox-pasture, provided said Remington signed a bill for the payment of the debt and 10li. in good neat cattle, also 3li. 5s. court charges. Wit: John Pickard* and Daniel Wickam. Sworn, 2 :5 :1674, in Salem court.
* Autograph.
385
RECORDS AND FILES
1674]
COURT HELD AT IPSWICH, SEPT. 29, 1674.
Judges: Mr. Symonds, Dep. Govr., Major Genrll. Denison and Major Wm. Hathorne.
Grand jury: Mr. Jonathan Wade, Mr. Fra. Wainwright, John Burnan, John Denison, Tho. Clarke, Caleb Moody, Ens. Steph. Greenleafe, Nathaniell Clarke, James Bayley, Ezekiell Jewet, Wm. Foster, John Redington, Steeven Johnson and Samuel Gage.
Jury of trials: Left. Sam. Appleton, Daniell Warner, John Addams, Henry Bennet, Samuell Bishop, John Bartlett, Thomas Hale, Hugh Marsh, Ezek. Northend, Thomas Tenny, John Pearson and Ephra. Dorman.
Jafery Curier of the Isles of Shoals, upon an attachment dated June 27, 1674, and signed by Peeter Twisden, returned to Ipswich court by Gregory Williams, constable, came before Mr. Samuell Symonds, Dep. Gov. and Major Genrll. Denison, on Aug. 29, 1674, and acknowledged judgment to Mr. Francis Wainwright.
Will of Robert Haselltine of Bradford, dated Oct. 25, 1673, and proved by Mr. Shuball Walker and David Haseltine. He appointed his wife Anna Haseltine and son David Haseltine execu- trix & executor, mentions grandchild Anna Kimball, daughter of Caleb Kimball, Mr. Zachry Simms, minister of Bradford, sons David, Abraham, Robert and Gershom Haseltine, and daughters Anna, Mercie and Deliverance. Wit: Shuball Walker. [Origi- nal on file in Registry of Probate.]
Inventory of the estate of Robert Haseltine of Bradford, who deceased Aug. 27, 1674, appraised, Sept. 19, 1674, by William White and Shuball Walker, amounting to 488li. 8s. [Original on file in the Registry of Probate.]
Administration upon the estate of Isaack Browne of Newbury was granted on May 21, 1674, to Rebecka Browne, his widow, who was to bring in an inventory to the next Ipswich court.
Inventory of the estate of Isaake Browne of Newbury, taken June 8, 1674, by William Titcomb and John Emery, jr., amount- ing to 369li. 8s. Agreement as to the division of the estate among his son Thomas and the daughters, with petition of the widow Rebecka Browne for the appointment of her brother Francis Browne and her uncle John Emery as overseers. [Origi- nal on file in the Registry of Probate.]
John Lovejoy, Henry Ingalls and John Barker took the free- man's oath.
386
IPSWICH QUARTERLY COURT
[Sept.
Frances Wainwright v. Thomas Sevy. For refusing to deliver him possession of a dwelling house. Verdict for plaintiff.
Capt. Gerish, Rich. Dole and John Knight, sr., in behalf of the town of Newbury v. Mr. Richard Dumer. Withdrawn.
John Elithorp v. John Dodge. Debt. Withdrawn .*
The selectmen of Lin, in behalf of the town v. John Ottaway and Joseph Edmonds. Review. Verdict for plaintiff.i
*Benjamin Pickworth deposed that he being in company with John Ellithorp at John Dodge's mill, said Dodge desired Ellithorp to shingle the foreside of his house and the porch. After some discussion they agreed that Ellithorp should find shingles and lay them, and that Dodge should provide nails, etc. Sworn in court.
¡Writ, dated Sept. 16, 1674, signed by John Fuller,¿ for the court, and served by John Ballard, # deputy for Nathaniel Ballard,} constable of Lin.
Summons to John Ottaway dated Sept. 16, 1674, signed by John Fuller,# for the court.
Samuell Benett, sr.,¿ of Rumley Marsh certified, 20 : 1 : 1673-4, that he sold to John Otaway only two ten acre lots. Wit: Rich. Walkert and Thomas Marshall.# Sworn in court.
Copy of papers in a similar action tried in Salem court, June 24, 1673, made by Hilliard Veren,# cleric.
Bill of cost of the selectmen of Lynn, 4li. 11s. 8d.
Wm. Hathorne, sr.,¿ deposed that all the land in controversy lay within Lynn many rods, much of it being within what were sometimes Mr. Whiting's and Mr. Cobbett's farms, also that Capt. Marshall and Thomas Newhall were lately appointed selectmen of Lynn, etc.
Letter of attorney, dated 25 :7 :1674, given by Thomas Laughton,¿ in behalf of the selectmen of Lynn, to Capt. Thomas Marshall and Thomas Newhall. Wit: John Hathorne; and Robert (his mark) Burges.
Joseph Armitag, aged sixty-seven years, deposed that about the year 1640 there were but two ten acre lots laid out in that part of the common, and he bought them, one of Michaell Spencer and the other of Gerratt Spencer, and sold them several years ago to Samuell Benitt, sr., and gave him possession. Further, that the rest of the land in controversy was common, and that there were about seven or eight great oaks fallen upon this part of the land about a quarter of a mile from these two lots, which Joseph Edmonds owned he felled by Attaway's order. About thirty years ago, deponent was fined for trespassing upon this land by cutting timber, and that this land was a quarter of a mile within Lynn bounds. Sworn in court.
# Autograph.
387
RECORDS AND FILES
1674]
Bozoon Allen v. Mrs. Jennet Whipple, widow. Verdict for defendant. Appealed to the next Court of Assistants at Salem. Bozoone Allen, Abraham Jewett and Philip Fowler bound .*
Copy of a record of a Lynn town meeting held, 4 :6 :1674, made by Thomas Laughton,f cleric: "It was voted & Agreed yt the selectmen haue full power given them to psecute in a course of law against John Otaway & Samuell Bennett or any pson or psons yt haue laid claime or shall lay claime to any pt of the Townes comon & make use of the same as their owne pro- priety by cutting off wood or timber or any other way under any ptence and the selectmen haue power to psecute against any such to effect in a course of law."
Richard Walker, aged sixty-three years, deposed that he helped lay out the two ten-acre lots, and that they were near the dividing line between Boston and Lynn. Sworn in court.
Capt. Thomas Marshall, aged about fifty-eight years, deposed that he had known the land to be town common for thirty-six years. Sworn in court.
Copy of an agreement concerning the bounds of Boston, Charls- Towne and Lynn, taken from the town book of Lynn, 26 : 4 : 1674, by Thomas Laughton,t cleric: "Wee whose names are vnderwritten beinge appoynted by ye court to settle the bounds between Boston & Lynn haue agreed to runn a more norwest line into the country from a Tree marked standinge closse to Brides Brooke neere to the foote path to bee runn by a meridian compasse the propriety of any lands laid out to the Inhabitants of Lynn beinge not disturbed Anno 1639 subscribed by Abraham Palmer Timothy Tomlins John Oliver."
Copy from the town book of Lynn, given in under Elisha Huchinson's hand, made by Thomas Laughton,f cleric: "Beinge desired by the Selectmen of Lynn to runn a Line wch is betweene boston Land or rather mr Samuell Bennetts Land & Land be- longinge to Lynn I did runn a line nor norwest by a mirridian compasse or a Needle touched with his noe variation alowed: from the middle of Brides Brooke vntill wee cum to Readinge Line as wee suppossed & neere the Scotch house att A cracht black Oake with a heape of stones aboute it wee fell aboute foure rods & a halfe to the westwards towards Boston Land and in the Line wee runn wee marked severall trees and laid heapes of stones and in the line over against Richard Georges house we fell aboute as much from a former marke which was a heape of stones as wee did att ye Scotch House this Line was runn 22th of Aprill 1671 accordinge to my best art and skill p Elishah Huchin- son."
*Writ: Bozoune Allen v. Jennet Whiple, relict and executrix t Autograph.
388
IPSWICH QUARTERLY COURT
[Sept.
of the will of Thomas Dickerson of Rowley, and one of his heirs for after giving plaintiff possession of that part of the farm called Musseyes farm with the dwelling house and other houses and land, which was answerable to a judgment of the County court sitting in Boston in April last granted to him for 273li. 4d. by virtue of an execution, thereupon the said Jennet Whipple on such pretence got in a wily way into his possession and de- taining it by force until by warrant from the honored Deputy Governor Samuell Simons Esq., dated Aug. 15, when by virtue thereof he was again legally instated into his possession, and since on her pretence that she was in suit for her title procured a warrant from the said Deputy Governor to undo what he had done, has again the estate in her possession, etc .; dated Aug. 19, 1674; signed by Jonath. Negus,* for the court; and served by Robert Lord,* marshal of Ipswich. Bond of Gennit (her mark) Whiple, John Pickard,* Jonath. Platts *and Nehemiah Jewett .*
Mrs. Gennet Whipple's bill of cost, 2li. 6s.
Bill of cost of Bozoun Alen, Richard Waitt and Return Wait.
Copy of execution, dated Boston, June 4, 1674, against Jere- miah Jewet, son and heir, and Phillip Nelson, executor of the will of Joseph Jewet of Rowley, deceased, to satisfy judgment granted Bozoon Allen of Boston, tanner, attorney to Edward Rawson, the only surviving overseer of the will of the late Bozoon Allen of Boston, upon the forfeiture of a bond at a county court at Boston, Apr. 28, 1674, signed by Isa. Addington,* for the court, and served by Return Wayte, deputy for Richard Wayte, marshal of Suffolk, who returned that he gave possession of the houses and lands of Jeremiah Jewitt of Ipswich to Bozoon Allen by turf and twig. Copy made by Isa. Addington,* cleric.
Copy of the record of a county court held at Boston, Apr. 28, 1674, made by Isa. Addington,* cleric, in an action of Allen v. Jewitt and Nelson, for not paying plaintiff his proportion due him by virtue of his late father's will, and also the will of his late mother Anne Allen, etc., with verdict for plaintiff. Court, on request of the defendant, chancered the bond to 270li. with respect to Bozoon's portion, and declared that the bond stands good to secure Mr. Rawson from the demands of the other of Mr. Allen's children.
Copy of bond, dated May 10, 1653, given by Joseph Jewet of Rowley to Edward Rawson and Jeremiah Houchin both of Bos- ton, merchants. Wit: Thomas Broughton, Thomas Buttolph and Tho. Roberts. Acknowledged, 1 : 8 : 1653, before William Hibbens and recorded, Feb. 3, 1653, by Edw. Rawson, recorder. Copy made by Isa. Addington,* cleric.
Copy of the affirmation of Robert Lord, marshal, concerning serving the attachment, made by Isa. Addington,* cleric.
Copy of the will of Thomas Dickanson of Rowley, dated Mar. 8,
* Autograph.
389
RECORDS AND FILES
1674]
1661-2, and proved Apr. 17, 1662, in Ipswich court by Samuell Brocklebank and John Trumble, the witnesses: "Imprimis my will is that my well beloved wife, Jennet Dickinson shall be my sole executrix for to pay all my debts and to pay my children those portions that I by will doe give unto them, and also to demand and recover all debts that are or may be due vnto me by bills bonds or otherwise, and to doe any thing belonging to such an executrix Item I will and give vnto this my beloved wife, halfe of my dwelling house, halfe of my barne halfe of my orchard and halfe of my swamp below my orchard and all my land above the barne about twelve acres, be it more or lesse and three acres of meadow one acre of it in Batchelder meadow & two || acres || in the North east field as also one acre more of marsh in the marsh field bounded by Deacon Jewets marsh on the west, and by marsh of John Pickards on the north, and also I doe give vnto her two gates on the Towne common all this I doe give hir dureing her naturall life Item I will and give vnto my son James Dickinson, the other halfe of my houseing barne orchard & swamp below the orchard, and all other my lands, meadows, and commons, that belong unto me, within the Towne of Rowley (excepting my village land, and two acres of meadow in the great meadow be it more or lesse)
"Item I Give vnto my son James Dickinson foure score acres of land more or lesse being my devission of land in that land commonly called merimack land butting against merimack River with the preveledges belonging unto the sayd fourscore acres of land, and likewise I doe give vnto my son James my houseing, barne, orchard, and swamp & lands above the barne and meadow and commons, that I have given vnto my well beloved wife for her naturall life, to be his unto his proper use & behoofe after his mothers decease, Item I doe further give vnto my son James my cart & plow & furniture belonging therto, also I give vnto him my loomes and furniture belonging thereto Item out of the rest of my estate that is in my villiage land & two acres of meadow in the great meadow that was before excepted and in my stock moveables, bills bonds or any other estate that is or may be due vnto me out of the remaining part of my estate I will & give vnto my foure daughters each of them one hundred pounds, and my will is that that fiftie pound that I have given vnto my daughter Sarah allredy shall be accounted as part of that which I now give, and if any of my children dye before they attaine to the age of twenty-one yeares or day of mariage then there portions to be devided equally among the rest, and if my son James depart this life haveing noe child then the one halfe of those lands I give him to returne to be equally devided among the rest of my daughters or there heires the other halfe I give vnto his wife, if then liveing to be for use dureing her naturall life and then to returne after her decease to be equally devided among my other daughters or there children if there be
390
IPSWICH QUARTERLY COURT
[Sept.
any then liveing. Item I will and give (the three hundred & fiftye pounds being payd out of this estate that I heere apoynt for the payment of my daughters portions) all the remaineing part of that estate vnto my well beloved wife to be vnto her owne proper use, and to dispose of as shee shall thinke meete and my will is that my wife shall have her liberty to chuse which halfe of my dwelling house she will for to live in dureing her life And I apoynt John Pickard & Samuell Brocklebanke to be overseers." Copy made, June 30, 1674, by Robert Lord,* cleric.
Copy of the inventory of the estate of Thomas Dickanson, taken Apr. 15, 1662, by Maxemilian Jewett, John Pickard and Samuell Brocklebanke, and allowed Apr. 17, 1662, upon oath of Jennet Dickanson: apparell and bookes and one cloath cloke, 2li .; one stuff cloake, 1li. 5s .; one wastcoat, one dublit, one pr. breeches, 1li. 1s .; one hatt & paire of drawers, 12s .; one paire of bootes, 18s .; one bed, with the furniture, 9li. 10s., one bed more with the furniture, 8li. 10s .; one trundle bed with the furniture, 4li. 10s .; more bed linen, sheets & pillow beers, 3li. 6s .; in Table linen & a box, 2li .; one bed more with the furniture, 2li. 15s .; pewter, 1li. 18s .; brase kettells & skilletts, 2li. 13s. 4d .; Iron potts, skillet & brase pot, Ili. 5s .; woodden vessells as pailes & trayes and other milke vessells & earthen vessels, 1li. 5s .; beere vessells, 10s .; tongs, tramells & other utinsells, 12s .; one warmeing pan & frying pan, 5s .; one loome with the furniture, lli .; two chests & one child's blankett, 1li .; one new webb of cotten cloth, 12li. 10s .; sheepe woole & cotten woole, 11li .; webb of woolen cloth, 4li .; one peece of course cloth, 15s .; armes for the furniture of one man, 1li .; malt, wheat, rye & Indian corne, 5li .; baggs, 2li .; backon, Ili .; one meal tubb, hogshed, sive, with all other old tubbs, 10s .; wheeles & cards, 5s .; chaires, cushens & tables, lli. 10s .; one dwelling house, barne, orchard, and land below & above the street, 80li .; land at the north syde of prospect Hill, twelve acres, 70li .; six acres of earable land at the new plaine, 15li .; 3 acres of upland at the farm, 5li .; meadow fresh & salt 16 acres, 60li .; land at Merri- macke, 24li .; land at the villiage and two acres of meadow in the great meadow, 80li .; Gates, seaven & a halfe, 11li .; seaven cowes & heifers, 29li. 10s .; foure oxen, 25li .; 4 two yeare old cattell, 12li .; three calves, 5li .; one horse & mare & yearling foale, 32li .; eleven swine, 8li .; cart plows, yoaks, chaines & furniture belonging to the cart & plows, 6li. 10s .; sithes, sickles, forkes, axes, beetle rings, saws & other such like things, Ili. 17s .; saddle, pillion, cartrope, bridle, panell, 2li .; flax, 10s .; bees, lli .; due to deceased by bills and bonds, 271li. 6s .; total, 816li. 2s. 4d. Debts to be paid, 7li. 10s.
John Pickard, guardian of Nehemiah Jewett, accepted for him, the dwelling house in Rowley, formerly Mr. Belingham's,
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