USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 4
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Joseph Davis* of Haverrill acknowledged a debt of 6li. to Wm. Gerrish of Newbury, to be paid in Indian corn at Boston.
* Autograph.
31
RECORDS AND FILES
1672]
COURT HELD AT IPSWICH, MAY, 1 1672, BY ADJOURNMENT.
Nathaniell Lenard, upon his presentment, was fined .*
Thomas Lenard, upon his presentment, was fined .* Thomas Andrews, upon his presentment, was fined .* Stephen Johnson was discharged of his presentment.t The Troops, upon their presentment, were discharged.}
* Nathl. Leonard and Thomas Leonard of Rowley Village, Joseph, Daniell and Benjamin Bixbee, sons of Sergeant Bixbe, and Robert and Thomas Andrews were presented for breach of the peace, and some for swearing, upon a common fame.
¿Stephen Johnson of Andover was presented for entertaining several young persons in his house at an unseasonable time of night and permitting them to feast and junket at his house. Wit: Steephen Osgood and his wife and William Barker.
Moses Tiler and Hugh Stone deposed that they lived a year in the house of Steven Jonson and never saw any disorder in the family.
Steephen Osgood, aged about thirty-three years, deposed, 10 : 3 : 1672, that Steephen Johnson told him, when he was at deponent's house last March, that Mr. John Broadstret and Wilam Barker came to his house one night when he was abed and asleep. Said Johnson let them in and told them there was tobacco, if they would smoke a pipe. Sworn in court.
#Mr. Dudly Broadstreet, Mr. Nathl. Wade, Mr. Tho. Wade, Mr. Samuel Jacobs, Jno. Wainwrite, Thomas Bishop, Elihu Wardell, Jno. Cogswell, Mr. Nath. Rogers, Mr. Samll Rogers, Mr. Ezk. Rogers, Mr. Jno. Burr, Jno. Lee, Edward Nealand, Mark Quilter were presented for disorder in Quartermaster Perkins' house upon training day in shooting pistols in the house after the colors were lodged and for breach of the peace.
Jno. Edwards, aged about forty years, deposed that "upon a trayning day Last sumer at this Towne I was attending at Quar- termaster perkins's house drawing bear &c: for his Guests and being too & fro in severall Roomes of the House, I saw in one Roome these psons: vizt Mr Dudly Broadstreet, m' Nath1 Wade, mr Samuell Jacobs, Jnº Wainewright, mr Tho. Wade, Thomas Bishop, Elihu Wardell, Jnº Cogswell, m' Nath1 Rogers, mr. Sam- uel Rodgers, m' Ezk. Rogers, Jnº Lee, Edward Nealand, mr Jnº Burr, Mark Quilter: In which Roome there was much distur- bance & offence given to the master of the House by shooting of pistols in the Roome In soe much that the Quartermaster & his wife often went & sent to bid them Cease fireing in ye Roome:
32
IPSWICH QUARTERLY COURT
[May
who not wthstanding their earnest chardg & intreaties was Littl regarded soe that ye Quart master was forced to throw open the Cagements, and bad them If they would shoot to shoot out there. Butt his words were little Regarded: for as I past I saw them shoot in the Roome: & soe much that soome in the Roome Complained: and after this one in the Roome cald for one dozn of bear for Mark Quilter & I seeming to take noe notice without Mark had caled for it himself: Mr Samuell Jacobs sayd Bring half a doz" of bear & we will have noe more, & If Mark Quilter will not pay for it I will. Soe I went & feteht it for him that cald for it & sayd this is for you And then Mark Quilter Came downe to the barr, & askt If any thing was chardgd to his Acet, I answered Noe: He Replyed, & sayd nor chardg none wthout I call for it my self: only sayer hee give mee a pint of wine to drink wth them then Came up after the wine was Carried up. And many drank to him & I took Notice that Mark had two Cups full before him & another drunk to him, & he took the cup, but would drink little: & presently Thomas Bishop shooting under the Table: Mark complained & sayd is this the kindness you pretended in drinking to mee: &c. Ile stay noe longer with you, and about this time the light was putt out, soe I went to light it & the Quarter Master comeing up sayd sirs depart the Roome, for I will have noe such dessorder here; all being in a Tumult, & Mark very Angry, his cloathes were burnt with shoot- ing under the Table. And Qu' Master sayd Mark gett you gon for they will doe you mischeif; and I being lighting the light as the Qu'master went downe still it was blowne out, as I did light it & Mark Goeing to Follow ye Quar master two psons clapt too the door, & the Rest pressing about him: a pistoll was shott by some, but who I know not did the execution among the sev- erall pistolls then shott. And Mark sayd you have lamed mee: I then did light the light, and Cryed out you have kild the man, and all the persons were hustling, and gon out of the Roome only two, that as they went presented & snapt their pistols at Mark as they went, he lying by the door & Bleeding: I vewing his wound saw a wadd sticking which I took out, it being on fire, & I Cryed againe, you have kild the man, for he lay speech- less & Ready to dy away: Help comeing up presently Laboured to stanch the blood, & Qu'master took care the Doctor might be sent for presently: I Goeing downe saw not any one of these psons mentioned but Mark left in any Roome of the house all being gon soe he was Carried away by those the Qu'master de- sired to his owne house."
Mark Quilter, aged about forty-two years, deposed that he went to the quartermaster's to talk with Mr. Jno. Burr upon business. "when I told them I did not care for drinking, some answered & sayd you must kiss the cup then. . And I goeing to follow the Quartermaster was stopt by those that satt on each
33
RECORDS AND FILES
1672]
Nathaniell Wood was fined upon his presentment for stealing about half a load of wood from Robert Lord, sr .*
Richard Dole was discharged from paying 2s. per week in behalf of George Major toward the keeping of Mary Duell's child, the said George being out of his time. It was further ordered that said George Major pay that amount for the keeping of the child and that the constable of Newbury have power to imprison him until he give security for the payment.
Nathaniell Knight and Mary Knight chose their father-in- law Robert Whitman to be their guardian, who gave security.
George Smith, upon his presentment, was found not feloniously guilty, but for his misdemeanor was admonished and ordered to pay costs.f
Andrews Peeters was fined upon his presentment, and was bound in five pounds that he shall come no more to Quarter- master Perkins' house except at court times.}
side of mee: Mr Dudly Broadstreet & Mr Sam1 Jacob on one side; & Elihu wardell & mr Thomas wade on the other side, and goeing to creep under the table was stopt by some holding my Coat behind; till watching my oppertunity gott from behind the Table & makeing Towards the door, it was clapt too, & some Cryed, here is the man, here is the man," etc.
*He was son of Obadiah Wood. Wit: Marshal Lord, Joseph Lord and Marke Quilter.
Presented for taking and selling a sheep of Phillip Fouler's to Robert Peirse, desiring the latter not to send for it until night. Also for saying that he never took any sheep out of the flock of the shepherd when the latter was not present, when Mr. John Burr testified that he took one before sunrise. Wit: Robert Pearse, Phillip Fouler and John Perse.
İAlexander Orhort deposed that Quartermaster Perkins desir- ing him to attend in the room where Obadiah Bridges, and An- drew Peters were, he saw said Bridges take Perkins by the shoulders, "Andrew Peters in ye meantime pulling Quat master by ye hair & John Clarke sitting att ye end off the table arose up & sayd unto Obadiah why doe you abuse the Quat mastr thus, shall he not be master off his owne house: Obadiah Answered Noe he shall not: then John Clarke Answered yea but he shall thereupon John Clarke went to obadiah Bridges & struck up his heeles & held him downe." Samll. Clarke was not present when this happened. Sworn in court.
John Clark's bill of cost.
Joseph Fauwler, aged about nineteen years, testified that he
34
IPSWICH QUARTERLY COURT
[ May
was at his grandfather Kimbol's barn, and "I heard a ster in quartermasters new hauwse: and knowing my master was there I went In to quartermasters hauwse and when I kaeme in I asked the mayd what was the matter she told me she could not Tell I made to the Chamber where my master was: and in goyng I met with Jo Clark: I asked him what was the matter the sayd Clark told me that my master and the quartermaster was a quarreling: and sayd that obadyah stept in betweene: but I layd Obadyah soone at my foote: and I went op into the Cham- ber: and they where all Comming down into the lower Roome: and my master went out at the dore and in goyng out: the quartermaster took my master By the Coller: and stroke him: and my master did not lift op his hand agaynst the quarter- master."
Edward Chapman, constable, deposed that sometime the last winter Obadiah Bridges came to his house and asked him to go to the quartermaster's, where they found many persons in a hubbub, blood being drawn and the peace broken. Deponent called for silence and some then said that Bridges held Perkins while Peeters beat him or cuffed him and pulled his hair. The quartermaster said "carry Goodman Peeters to the stocks," and among them it was said if it had not been for John Clark, Perkins would have been injured. Deponent went with Peeters to the Major, but he was not at home, so he charged them to appear before Mr. Symonds in the morning, which they did, having Josiah Linden and Sander as witnesses. Sworn in court.
Andrew Peters and Obadiah Bridges affirmed that the quar- termaster agreed to bear John Clarke harmless, and so the latter had reason to speak well of him.
Obadiah Bridges testified that he had some business with Goodman Peters at his house, and after they had finished, the latter invited him to drink part of a pint of wine and they went to the quartermaster's, etc.
Martha Huggins, aged sixteen years, deposed that the evening that the trouble between her master, Quartermaster John Per- kins and the others took place, they were all "in the new cham- ber which wee commonly call the Kings armes." Mr. Matoone and Samll. Clarke of Portsmouth, and Serg. Thomas Waite being present with them were "in the lower roome where the family commonly keepeth." Deponent drew two pots of beer for them in the lower room. Sworn, May 2, 1672, before Daniel Den- ison .*
Thomas Smith, aged about twenty-four years, deposed that the quartermaster told him that Bridges was not to blame and did all he could for peace, and that he was as good a conditioned mian as ever came to his house.
* Autograph.
35
RECORDS AND FILES
1672]
Thomas Dennis' wife, presented for affronting the marshal in the execution of his office, was fined .*
George Major acknowledged judgment to Rich. Dole.
Upon complaint of Peeter Tappan against Robert Bedle, both were found faulty and fined.
Mr. Anthony Crosbie, presented for being drunk, was fined.t
Saml. Smith, aged about twenty-three years, deposed concern- ing hearing the quarrel from the highway as he was going out of town, etc.
*The marshal attempted to levy the execution upon the estate of Thomas Dennis, joiner. Wit: Marshal Lord and Phillep Fouler.
¡Anth. Crosbie'st statement respecting the presentment to which Mr. Nelson and Wickam were witnesses: "Thay Testefie to sleepe and not to Drinke the law saith disgiese ocasioned by drinke not by sleepe and meannesse the want of thre or foure nights sleepe I conceiue might occasion as much disturbance that I haue uppon occasion watched with the sicke so longe and longer is suficiently knowne heere in this house it is not uery longe sence I sate upe foure nights together with a strainger beinge in eminent Danger as all the peopell in the howse Can tell I supose thay Can testifie all that while I dranke no maner of stronge drinke or uery little I speake not this in any way of excuse of myselfe Respectinge drunkennesse at other times for I haue Horiblie and abundantlie uery often prouoked god greued his people ocasioned others by my exa[m]ple: abused my selfe spent my time and a greate part of my estate. Hazerded the liues and healths of those patients who haue Relyed uppon me for Cure by neclecting seasonable attendance as Rules of art Require. I speake not his for favours sake: But Concienciously accountinge my selfe bound openly and unfeinedly to Confese and acknowlige that great and grosse sine which I have Beene gultie of and liued in so many years formerly to the great dis- honer of god and greife of others & wronge to my selfe & estate: for which I desire from the Botome of my heart forgiveness & serius Repentance of god whome I haue cheefely ofended & also of all his people & all others whome I haue any way occasioned to be gultie of this great sin which I desire the prayers of all to god for me that I may uterlie forsake & neuer Returne to it as the dog to his uomit."
Jno. Todd, aged about fifty years, deposed that "being wth Marshall scerry at Doct" Crosbie his house after the marshall had served his execution on the doctor the doctr fetcht up his horse & sadled him: when he had don he went into the house
# Autograph.
36
IPSWICH QUARTERLY COURT
[May
Peeter Jenkins was admonished upon his presentment .*
& came againe to the door presently & took hold of his horses mayne & there stood; & his wife followed him to the door & told Marshall scerry that he Could not gett him along wth him he would ly him downe by the way & sleep for he had a botle of Licqu's in the house but shee could not tell where it was but she sayd that she thought that he got it at Newberry either at Mercht Doles or at Marcht [blank] which was to her great greife; Marshall scerry then sayd Mr Crosby lett us tast wth you; hee psently went In to the house as If he had gon to fetch it; & went up Into the Chamber & when the Marshall went to se why hee Came nott; he found him layd upon a bed & wee stood still about the door & when he had layd there about four hours he Came downe & as I was walking betweene mr Crosbyes & his Neighbours, I mett Richard Leighton who Cald to mee & Sayd Look Look the Doctor is drunk he Reeleth & I Lookt back towards the doctors house & I saw him staggering along agst the house houlding till he gott to the back side soe he Came Into ye house againe & wee left him & the Marshall chargd Symon Chapman wth him to attend upon him." Sworn, Apr. 25, 1672, before Daniel Denison, f assistant.
Simon Chapman, aged about twenty-three years, deposed that he saw Mr. Crosbie walking in the orchard with Mr. Nelson in the morning and he was not then intoxicated. Mr. Crosbie went with the marshal of Salem to Ipswich about three o'clock in the afternoon, etc. Sworn in court.
Philip Nelson and John Wicom testified that the night before Ipswitch court at Mihilmas last they saw Mr. Anthony Crosbee laid in the highway, by the bridge next to the meeting house and asking him why he laid there and how he came there, he could give no rational answer. They lifted him up and he could not stand without leaning upon his horse. Sworn in court.
Mr. Jno. Rogers and Mr. Ezk. Rogers, witnesses to the pre- sentment.
*Phebe Redington, aged about seventeen years, deposed that Peter Ginkens came to their house and his behavior was not as it used to be. He took the quart pot with some cider in it which she thought he drunk up, and then went down cellar and bade her draw some more. He took apples and put them in his pock- ets, went into another room, held down the latch of the door, and took the door off the hinges. He also took a writing and would not give it to her again. Afterward she was by the fire and he playing the fool in her way, she "gave him a shufe with one hand" and he fell down. When he arose to go away he asked where his horse was, when it was in plain sight. "He
+ Autograph.
37
RECORDS AND FILES
1672]
Court ordered that John Leeds' son be bound to Wm. Story until he came to the age of twenty-one years, provided he be bound by indenture to teach him his trade, also to read and write and give him a set of tools when his time is out.
The treasurer was ordered to pay witness fees to Mr. Ezek. Rogers and Mr. John Burr.
Quartermaster Perkings, presented for suffering gaming in his house at "shovell board," was fined.
Court desired Sergt. Thomas Burnam, with John Pearson, to view the bridge near Thurlayes and advise as to the best way to secure it.
Court being informed that the General Court had allowed the uniting of Rowley Village with Topsfield in one military company, appointing their officers as their own desire, they revoke their former order of March last, and declare that the said Villagers ought to continue in the military company with Topsfield and to attend all military service and exercise under the established officers of that company until they be released or otherwise dis- posed of by the General Court's order. Phillip Fowler was allowed 2s. 6d. for being employed by the court.
Laurance Clenton was discharged, his presentment not being proved .*
Richard Pryer (also, Bryer), presented for not living with his wife, not appearing but making escape, court ordered an attach- ment to apprehend him and put him into the house of correc- tion, there to remain until he give security to live with his wife, before the magistrates of Ipswich or one of them, also to appear at Salem court. All persons were prohibited from entertaining him with either victuals, lodging or employment.t
got up on his hors and galipt away hooting and holowing and whisteled the dogg."
Daniell Redington, aged about fifteen years, deposed.
Peeter Jenkins was of Bromigum or Rowley Village. John Wild, sr., and Jona. Wild, were witnesses to his presentment.
*Presented for not living with his wife. Also for taking 16s. for three and a half days' work at Mr. Baker's, in painting a room, with his dinner every day.
¡The complaint was made by his father-in-law, Thomas Hobbs.
38
IPSWICH QUARTERLY COURT
[May
Ordered that Goodwife Brabrook's presentment be left to Major General Denison to end .*
Josiah Clarke petitioned the court that he being enjoined to pay toward the keeping of the child of Sara Warr laid to him, might have liberty to put it out to some honest man until it be twenty-one years of age. Court ordered that he procuring such a person as the magistrates of Ipswich approved of to take him, said Clarke should be discharged of his payment.
In the case between Abraham Hasselton and Thomas Knowl- ton, court determined that Hasselton pay to said Thomas, 10s., which would be a final end of all differences.
Thomas Dennis acknowledged in open court that he had done the selectmen of Ipswich wrong, and thereupon the selectmen forgave him and withdrew their complaint.t
Edward Lomas, upon his presentment, was ordered to audibly publish the acknowledgment set by the court the next lecture day or pay a fine .¿
*Presented for breach of the Sabbath by carrying a half bushel of corn or pease with her in the morning when she was going to public meeting. Wit: John Burnum, sr., and John Burnum, jr.
¿William Goodhue, aged fifty-six years, deposed that about two months since, "metting with Goodman Lumase in the streett against Thomas frence asked mee if I herd any news I told him noe hee told mee that hee heard that mr parker had written too some frinds in England conserning their diferences att nubury and that they had presentted his case too the arch bishoop of canterberry and I asked him againe howe the news should come and hee told mee that mr Saltingstall read itt in a letter in his hous." Sworn in court.
John Aplton, aged about fifty years, deposed that Edward Lumucks told him that Mr. Parker or his friends had sent to their Presbiterian friends in England, but deponent told him he did not believe it. Sworn in court.
Robert Payne, aged seventy-one years, deposed that Lummus said that Mr. Saltunstall read the letter in his house before his wife, son and daughter, when he was not present and that Good- man Leaver of Rowly was the man from whom Mr. Saltunstall had the letter. Sworn in court.
Thomas Leavers affirmed that what he said was that there "was some suspicion or feares least mr parkers partie or some of them shold in writing impart ther trobles to some great ones of ye presbeterian partie who of themselus as was feared might
¡ There is but a fragment of one paper relating to this matter. § Autograph.
39
RECORDS AND FILES
1672]
Robert Adams was ordered to make public acknowledgment the next lecture day at Newbury or pay a fine .*
Given to the house 5s. and ordered to pay the marshal 10s. for serving warrants.
Information and complaint being made to this court of a dis- orderly and dangerous practice of running of horses near to houses and taverns to the hazard of themselves, children and other per- sons, contrary to the rules of modesty and sobriety, also of an uncomely, offensive and rude manner of riding very fast to and from meetings on the Lord's day and other public church meet- ings, it was therefore ordered and declared that no person within this county shall run any race with horses, within two miles of the meeting house of any town within the county under the penalty of 40s. for every such offence and whosoever shall offend in riding or running their horses fast to or from the meetings shall forfeit 20s., unless it be upon some extraordinary occasion or necessity. This order was to remain in force until the General Court take further order concerning the same, and was to be published at the courts of Ipswich and Salem and a copy set upon the meeting houses of said towns.
Will of John Dresser, dated Mar. 5, 1671-2, and allowed in this court: to eldest son John Dresser, he having received a consid- erable sum upon marriage from testator, all his lands in Brad-
inform the arch buship of Canterbury and soe giue ocation to our aduersarys to send ouer as farr as them conserned some generall buship or other to the Countrys hurt and desired mª Saltingston if he heard any such thing to Doe for this country what good he cold in yr behalfe."
Richard Thorlla, Edmond Mors and Juda Thorlla, wife of Thomas Thorlla deposed that they heard Robert Adams, at said Thomas's house, say that Master Parker had sent a letter by Mistress Crood to be sent to England, etc. Sworn in court.
Mary Lummes, aged about sixty-six years, deposed that Mr. Richard Saltonstall, Esq., was "at my husbands house about six weeks agoe, and asked me wether I would hear any news And I answered him I should be glad to hear it if it were good. he replyed, you shall haue it as it is, thereupon he took a paper out of his pocket and read it to me," etc. Jonathan Lummas and Bethiah Deunish affirmed the same.
Major Denison, Capt. Appleton and Elder Payne, witnesses to the presentment of Edward Lumas of Ipswitch.
* Sce foot-note on preceding page (38), marked .
40
SALEM QUARTERLY COURT
[June
forth street lots, land at Long meadow, at Cow bridge, at Bach- elour meadow, at Oyster point, at the causeway toward Sawyer's island, at Mr. Dumer's farm and one gate upon the commons; to son Samuell Dresser, half of the land in Ipswich not given to his son John, half of the land in Mr. Dummer's farm, his house, orchard and land, except the west end which he gave to his wife during her life, also land in Bacheler meadow, in the farm be- tween Richard Clarke and Joseph Chaplin, at Hog Island and three gates upon the common; to his daughter Elizabeth Dresser, 100li .; to his wife Mary, part of the moveables in the house, two cows, one heifer, firewood, the sons Samuell and John to provide everything necessary for her, and if they do not, then she is to have a portion of the estate given to them; sons Samuel and John, executors; to his apprentice Daniell Button, one pair of pincers, a pair of nippers, two paring knives and four awls, and the remaining part of his time to be set over to his son John ; to his son John's eldest son John, a red heifer and to his daughters Mary and Martha, one calf each; to son Samuel's two daughters, 2li. 7s. Wit: Samuell Brocklebanke and Miximilian Jewett. [Original on file in the Registry of Probate.]
Inventory of the estate of John Dresser, sr., appraised Apr. 26, 1672, by Maximilian Jewett, Lenord Harriman and Samuell Brocklebanke: wearing apparel, household furnishings and utensils, grain, stock of leather, shoemaker's tools, tools, etc., total, 449li. 7s. [Original on file in the Registry of Probate.]
COURT HELD AT SALEM, 25 : 4 : 1672.
Judges: The Worshipfull Mr. Simond Bradstreet, Maj. Daniell Denison and Major Wm. Hathorne.
Grand jury: Corporal Jon. Putnam, Tho. Gardner, Edward
List of presentments, dated Mar. 27, 1672, signed by John Payne,* forman of the grand jury, in the name of the rest:
Francis Young was presented upon complaint of Caleb Kim- ball for using cruelty in treatment of said Kimball's oxen. Wit: Thomas Clark, jr., the tanner, Jno. Wooddam and Richd. Littleale. Samuell Watts of Andover was presented for misdemeanor to the name or person of Abra. Graves, son of Mark Graves, by sending a letter by said Graves to the goal keeper of Boston wherein he changed his name and styled himself "Sr Humphry pilltaile." Wit: Mark Graves and his wife, and Abra. and Mary Graves.
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