USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 41
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"I haue sent all the evidences that I have taken in the Case which will expect pay som whear and also the constibl for serv- ing them & the complainer which I pray remember to order if the case be ended with you: not farther troubling you at psent take Leave to subscribe my self
"Yor worships most humb servant "Robt Pike.t
Summons, dated Sept. 13, 1674, to Richard Marten and Mary his wife, to answer complaints against the said Mary for sus- t Autograph.
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RECORDS AND FILES
1674]
picious carriages with Thomas Tuexbery, tending to evil con- sequences if not prevented, at the house of Robt. Pike, signed by Robt. Pike*, for the court.
Bond for appearance at Major Denison's court at Ipswich of Thomas Tuexbury, with John Bayly and Joseph Bayly, his son, as sureties, upon complaint of Georg Marten and John Jimson.
George Martinn's* and John Jimson's petition, dated Sept. 10, 1674, to the honored Major Pike to stop said Tuexbury's dis- turbances.
Left. Philip Chalic and Jaret Hadn, aged sixty-nine years, deposed that they were selectmen with Sergt. Hoyt, and under- standing that Thomas Tuksbery was resident in the town at Sergt. Hoyt's house, they forewarned him that he must give a bond not to charge the town. They also understood that said Thomas had a wife and children in England, but Hoyt said he could stay because there was a letter signifying that he was free and could settle as other single men, which letter the widow Bartlett pulled out of her bosom, the letter pretending to be from a minister of his town in England. Seeing two hands on it, deponents conceived it to be some counterfeit thing to delude the widow and so they told her father, etc. Sworn, Sept. 16, 1674, before Robt. Pike,* commissioner.
Mary Marten and Naomy Hoyt deposed. Sworn, 16 : 7 : 1674, before Robt. Pike,* commissioner.
Thomas Fowler, aged about thirty-nine years, deposed that sometime before he loaned his horse to the widow Bartlet to ride to Boston to Thomas Tuksbery, he was at the said widow's house at Newbery and heard them promise to marry one another. Sworn, Sept. 2, 1674, before Robt. Pike,* commissioner.
Thomas Wells, aged twenty-seven years, deposed that the letter contained news of the death of said Tuxeberry's wife and that upon examination he found that the letter was written in one hand and the superscription in another, that the name subscribed was Charls Chere, as well as he could remember, who said he hoped said Tuxeberry would not forget to show a fatherly affection for his children. Further that the letter was directed by superscription to Henry Tuxeberry in New England, dwelling near Newberey and by inscription to Thomas Tuxe- berry, etc. Sworn, Sept. 21, 1674, before Robt. Pike,* com- missioner.
Susanna Marten deposed that hearing a rumor and being de- sired by several of her neighbors to go to her brother Hoyt's house concerning one Thomas Tukesberry whom they thought would be a trouble to her son Richard in making a disturbance between him and his wife, she went and spoke to her sister Hoyt. She asked her to forbear his coming to her house if it were but
* Autograph.
402
IPSWICH QUARTERLY COURT
[Sept.
to stop the mouths of people, for their mouths were open, but her sister Hoyt replied "let them shut them againe, for here he should come in spite of your teeth or any bodys els, can we not entertaine a godly man for a stranger ile tumble your son out a doors I sayd againe if you doo hee have a fathers house to come too my cousin naomy Hoyt then spake thes words and sayd sister if I ware as you if unckell tukesbery migght not come to me I would goe to him for you cannot goe to better man then unckell tukesberry is in my mind." Sworn, Sept. 16, 1674, before Robt. Pike,* commissioner.
Richard Marten, aged about twenty-seven years, deposed that this summer when Thomas Tuksbury had a lame hand at deponent's father Hoyt's, he told deponent that if he were in his place, "the case being as it is with my wif he woold go away from her & Leave her and go into another Country & mary another wif To which I sayd if I shoold so do my concienc woold tell me yt I had a wif & it may be a child in another plac: his answer was ther wear good men in former time yt had mor wives then on as namly daved which was a man after gods owne hart." Sworn, Sept. 16, 1674, before Robt. Pike,* commissioner.
George Martinn deposed that in a short time after his son Richard was married to Sergt. Jeret Hoyt's daughter, deponent's brother Hoyt told him that Tukesbery said he was sorry that his daughter was married no better, for her husband was but a poor man and had suffered disgrace at Hampton, but Amesbery men would live well as long as they had any land and he told him that although he had suffered disgrace at Hampton, it was not for running away from his wife. Also that Tukesbery said to Mrs. Hoyt that he had murderous thoughts to kill himself because her daughter was married. Also that Tukesbery asked William Samon, the ferryman, to bring over Richard Martinn's wife, and he would pay him for it.
Mary, wife of Left. Chalic and Mary, wife of Henry Blazdal, deposed that last spring Goody Hoyt told Tuksbery at Blaz- del's house that her daughter was to be married to Richard Martin and he said that she would never love any man more than a fortnight and he wished he had never seen her face. He also said that when she lived on Newbery side, she kept such company in the night and there was such swearing and tearing that it made his hair stand on end and upon being asked by Goodwife Chalic how he could bear it, he answered that he had been fain to rise in the night and bid them be gone and that her sister Naomy was as bad as she. Also that said widow Bartlet said that she must have one at every port, and that she wooed Richard and not he her. Sworn, Sept. 10, 1674, before Robt. Pike,* commissioner.
William Saman, aged about thirty-eight years, deposed that * Autograph.
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1674]
about three years ago, Tuksbery being at Boston, he saw several letters that passed between him and the widow Bartlett, she being at Newbury. Deponent had seen them at Newbery kissing each other, etc. Sworn, Sept. 19, 1674, before Robt. Pike,* commissioner.
Mrs. Susana Goodin deposed that she rode to Newbery with the widow Bartlet when the rumor was that they were to marry and she told her that three of Tuksbery's children were to come over, one of whom was placed out and one his father was to keep. She further said that when her husband Bartlet was alive she thought it was impossible for her to have loved any other as she did him, but that she now loved this man better than she loved him. Sworn, Sept. 18, 1674, before Rob. Pike,* commissioner.
Wm. Gerrish,* Steven Grenlefe,* Richard Dole,* John Knight, sr.,* Thomas Hale, jr.,* Daniell Peirce,* Anthony Somerby,* Caleb Moody,* Joseph Bayley* and John Webster* certified, Sept. 14, 1674, that Thomas Tewxsbury had lived civilly and like a Christian. Nathanell Clarke* testified that the testimony against this man was of little consequence. "I have known the man euer sins he came to our town and neuer did know any euell of him."
Thomas Tewxbery's* petition: "lett me beseech your wor- shipe to consider this my poore condition which I am at this time forsed to lay open before your worshipe to my greife thus it was that I was forsed to fly my contry & to leave my family & kindred for surtyship & when it was soe with me I Could not be satisfied noe wheare in that land but I must com to this coun- try in soe meane estate that I was forsd to bind my selfe for my pasage not longe after by the helpe of my brother got my selfe cleare & lived with him but very much troubled in the mean time my brothers neihbor died & the executor wild me to rent his tenament which after sum consideration I tooke it wiled by the advise of sum frends to send to my family which I have don to my best abelity whearupon I was willing to get if posible sum thing about me expecting every year their coming over & had noe encorigment from them that I might goe to them the times now being amended I have intended all this year to goe for them but god has ben pleasd to viset me with a great lamnes whearby I have ben much disinabled & now I be sech your worshipe consider & see how this people seek to undoe me in state & good name by raising of storys & scandalls about many things that have ben past to or three yeare since not that I have done them any wrong but in suspition that I have caused diferences to arise between their son and his wife because I went to her mother to have my hand cured thay then livinge in house whith her mother the partys them selvs noe ways acusing me
* Autograph.
404
IPSWICH QUARTERLY COURT
[Sept.
Abraham Perkins was allowed costs in an action brought by Mr. Wm. Hubbard and not prosecuted and in the action in which Mr. Wm. Hubbard was nonsuited.
Andrew Peeters had his license renewed for a year.
Capt. Paul White had his license renewed for a year.
Thomas Lovell, at his examination, said he would not come to meeting any more.
Samuell Younglove, complained of by Thomas Knowlton, was fined.
Samuell Hunt was fined for default.
Grase, Rich. Dole's negro, did not appear and an attachment was ordered.
Abigaill Linden was fined for fornication before marriage .*
Whereas the jury has declared several times that they are all agreed but one man and have been twice before the court, and yet Samuell Bishop dissents after the court has twice en- deavored to satisfy him and he still remaining obstinate, court ordered a fine of 10li. to be imposed upon him unless he agree with the jury in the cases committed to them, in order that they may bring in their verdict at the adjournment of this court.
wherby your worshipe may see that its out of envy to me I be- seech your worship to consider the condition that if they may have their wills I shall not be able to goe to my family nor have any thinge to pay my pasage."
Charls Anest and Sarah Anest deposed that they had known Thomas Tewxbery ever since he came into the country, living close by him and had been in his company early and late, but never saw any uncivil carriage. They considered that he lived in the fear of God and carried himself well all the time he lived in the house with the widow Bartlet.
Johne Davest deposed that "I lived in one end of the house with Thomas Tewxbery most parte of the time he lived in house with the widow," etc.
John Stevenst and Mary Stevenst deposed that they were his next neighbors and he had milk of them and they never saw any uncivil carriages, but oftentimes gave them good instruction in the way of God to their comfort.
John Bayley and his wife testified that when he was at their house, he carried himself well, etc.
*Warrant for Abigaill Lindell's arrest.
t Autograph.
405
RECORDS AND FILES
1674]
John Downeing was ordered to be whipped upon his pre- sentment.
These fines are lost: John Meager, 12s. 6d .; Sam. Dutch, 2s. 6d .; Roger Lancton, 2s. 6d .; Wm. Neffe, 1li. 6s .; Buffam and Willson, 5s .; Chard and Sprage, Ili .; Holmworth, 10s .; Abra- ham Marten, 5li.
COURT HELD AT HAMPTON, OCT. 13, 1674.
William Stoughton, Esq., president, and Major Pike, Capt. Nathll. Saltonstall and Mr. Samll. Dalton, associates.
Grand jury: Capt. Christopher Hussey, foreman, John Sam- borne, Robert Smithe, John Cass, John Robison, Danll. Hendrick, John Ilsley, Samll. Felloes, John Gill, Jarrett Haddon, Willi. Buswell and Henry Moulton.
Jury of trials: William White, foreman, Lt. Georg Brown, William Osgood, sr., John Stevens, jr., Phillip Grele, Samll. Flint, Georg Martyn, William Samborn, Nathll. Weare, Tho. Nudd, Abraham Drake and John Foulsham, jr.
John Souter v. George and Richard Martyn. Debt. For- feiture of a bond, by which defendants agreed to save plaintiff harmless from Nathll. Winsly or for letting said Georg Martyn out of prison. Verdict for plaintiff .*
*Edward Colkot, aged about fifty-nine years, deposed that being at John Souter's when George Martaine was a prisoner under an execution of Nathanell Winslow, he went in pity to see said Martine and went from there to Salisbury. Coming to Major Pike's planting feld, he met with Richard Martain, John Colby and Thomas Barnard, sr., with a horse, bridle and saddle which said Barnard and Colby were to appraise, which
From Samuel Dalton's Commissioner Records. See ante, p. 235. Joel Judkin and Mary Bean, both of Exeter, married, 25 : 4 9: 1674. John Allin and Mary Andrews, both of Salisbury, married 24 : 6 : 1674. Kensley Hall and Elizabeth Dudly, both of Exeter, married 25 :7 : 1674. Robert Smart, jr., and Elnell Pratly, both of Exeter, married 25 : 7 : 1674. On May 7, 1674, Samuel Leavett was sworn constable of Exeter.
On May 23, 1674, John Browne, jr., v. Nicolas Lesson. For not satisfy- ing him for a sled load of hay at Exeter about three or four years ago, de- livered at the house of Moses Gillman. Judgment for plaintiff.
John Kiming, complaining against Charles Runlett for taking away his fence and giving him evil language, thereby putting him to great trouble in seed time, was to be admonished and pay all cost. John Young, surety.
On June 29, 1674, Mary Folsham, sr. v. Roger Rose. Debt. For diet and a cure that she did for his lad. Defendant did not appear and judgment was given for plaintiff, the evidence having been heard.
406
HAMPTON QUARTERLY COURT
[Oct.
Court in altering four of the jury in reference to Hampton town cases declared that those cases should be tried successively, Brown against the town and Hugins against the town.
John Hugins v. the Town of Hampton. Review of a case tried at Salisbury court in 1673 for trespass, for felling town timber and fencing in the land. Nonsuited .*
John Cass v. Christopher Palmer. Trespass. For going over his land and laying claim to it, which land lay in Hampton, and was sometime in the possession of John Redman, jr. Ver- dict for plaintiff.
Danll. Ela, assignee of Mr. John Groth of Salisbury v. Tho. Davis. Debt. Verdict for plaintiff.
Danll. Ela v. Danll. Preston. For taking away 2,000 feet of deal boards at the landing place at Haverhill, called John Has- eltine's, some time in May last. Verdict for defendant.
Samll. Hilton or his attorney v. Capt. Barefoot. For pro- curing an illegal execution against him and for imprisoning him in Dover goal contrary to law. Verdict for defendant.
Christopher Palmer engaged himself to respond to the fore- going case as defendant.
Christopher Palmer and Edward Colcord, attorneys to Edward Hilton, Willi. Hilton, Samll. Hilton and Charles Hilton, adminis- trators and possessors of the estate of Mr. Edward Hilton, de- ceased v. Capt. Walter Barefoot. For boards delivered to Henry Kimball of Boston. Verdict for defendant.
James Sanders v. John Godfrey. For coming on to his ground and illegally taking and driving away a cow of plaintiff's. Ver- dict for defendant.t
they did at 3li. 13s. This horse was afterwards brought to John Soutre as security for getting George Martain out of prison. Sworn in court.
*Writ, dated Oct. 7, 1674, signed by Tho. Bradbury,¿ for the court, and served by Henry Dow,¿ marshal of Norfolk, by attach- ment of the common called the King swamp, who read the sum- mons to six of the selectmen, to the wives of the seventh and eighth and left a summons at the house of the ninth.
tJoseph Peasly deposed that he heard Jno. Godfrey say that he would bring Peter Bruer the next morning to take the white- face cow away from James Sanders, which he did, and thereupon the latter took it away from them. Sworn, Oct. 13, 1674, before
# Autograph.
407
RECORDS AND FILES
1674]
Jno. Brown, sr. and John Browne, jr. v. the Town of Hampton. For denying them a highway to their farm, which was granted by the town to Jno. Brown, sr. Verdict for defendant.
Robert Ring v. Nathll. Clarke. Review of a case tried on Mar. 5, 1672 at the Court of Assistants. Withdrawn.
Mrs. Katherine Hilton, relict of Edward Hilton, late of Exeter v. Edward Hilton, William Hilton, Samll. Hilton and Charles Hilton. Debt. For her thirds of the estate. Verdict for plain- tiff.
Mrs. Katherine Hilton v. Arthur Benitt. Debt. For 1,500 feet of white oak pipestaves. Verdict for plaintiff.
Samll. Levitt v. Richard Scammon. For carting away about 1,000 white oak pipestaves, which were attached by Samll. Levitt, constable of Exeter, as the goods of Georg Roberts. Verdict for defendant.
Abraham Drake, sole executor of the will of Robert Drake, late of Hampton v. Edward Colcord and partners. Review of a case tried at the last Salisbury court in an action of trespass for fencing in a parcel of land granted for a way. Verdict for defendant .*
Nath. Saltonstall, commissioner. Copy made by Tho. Brad- bury, ¡ recorder.
Peter Brewer deposed. Sworn June 29, 1674, before Nathll. Saltonstall, commissioner. Copy made by Tho. Bradbury, t recorder.
*Edward Colcord's bill of cost, Ili. 12s. 10d.
Copy of will of Robert (his mark) Drake, of Hampton, serge maker, dated May 18, 1663, and proved 14 : 2 : 1668, in Salis- bury court: "To my sone Nathanell Drake I will & bequeath six pound: and to my sone Abraham Drakes eldest sone Abraham Drake I giue twelue pound to my daughter Susanah Drake twelue pounds to my grandchilde Rachell Drake twelue pound to Jane Drake twelue pounds ye wch are my sone Nathanells two daughters To my grandchildren Susanna Drake Sarah Drake Mary Drake Elizabeth & Hannah to each of them twelue pounds being ye childeren of my sone Abraham Drake And to my sone Abraham Drake I will & bequeath the remainder of my estate being my house & house Lott wth my meadowes salt marsh & fresh wth six shares fower of Cowe Commons & two of oxe Com- mons wth all rights privilidges & appurtenances thereunto be- longing my vplands & wtsoeuer land as also my Cattall three steers two of seven yeare of age & one of fower two Cowes one Autograph.
408
HAMPTON QUARTERLY COURT
[Oct.
Moses Gillman v. Joseph Rawlins. Debt. To be paid in white oak pipestaves for one mare and colt he bought of him. Verdict for defendant.
Henry Roby v. John Young. For withholding pay due him for the maintenance of the bastard child of Judeth Roby, there being 3li. 2s. 6d. due since the last Salisbury court. Verdict for plaintiff.
Phillip Grele v. Charles Hilton. For withholding a debt of 7,000 feet of pine boards which should have been paid in April, 1673. Verdict for plaintiff.
Martha Lamson, convicted for fornication and confessing, was sentenced to be whipped ten stripes severely laid on unless she pay 50s.
John Heriman and his wife, convicted for fornication and confessing, were ordered to be whipped, he twenty stripes and she fifteen, or pay a fine of 8li.
John Redman, sr., presented for being drunk, was fined. James Johnson was allowed witness fees.
James Kid of Exeter, for breach of the peace, with Jno. Clarke of Exeter, was fined.
John Clark of Exeter was fined for saying "yt hee brought his rapier wth intent at yt time of ye broyle to doe unto James Kid as hee had before done unto him."
Benjamin Severans forfeited his bond for appearance to answer to fornication with Martha Lamson.
John Allen of Salisbury and wife Mary were fined for fornication.
Jabez Hendrick, convicted for night-walking and other mis- carriages, was legally admonished.
William Fifeild, jr., for striking Elizabeth Dow and using scurrilous and abusive language to her, was fined, and bound to good behavior.
yearlin Item my household stuff bedd & bedding brass & pew- ter Iron & lead wtsoever all wch my mentioned estate I will & bequeath to my sone Abraham Drake my sd sone to pay ye afore specified legasies to ye severall parties as before given att one & twenty years of age, none to make any demand till a yeare after my decease Item if any of my grand childeren die before they bee of age their portion to bee divided equally amongst my grand- childeren yet liueing Item I will & giue to my sone Abraham Drake all debts dues bills bonds wtsoever belonging to mee Item I Ordeine & Constitute my sone Abraham Drake my sole Ex- ecutor." Wit: John Barsham and Giles Fullar.
409
RECORDS AND FILES
1674]
Samll. Weed, presented for lying and cheating James Davis in the exchange of a gun with him, was fined for a pernicious lie. James and Samll. Davis were allowed witness fees.
Samll. Weed, presented for giving retorting and saucy language to the president of the court in saying that he might wear silver buttons if he paid for them as well as any man in the country, was fined 20s., which fine was remitted upon said Weed's humble petition in confessing his fault and professing his grief and sor- row for the same.
Widow Hannah Eyer and Nathll. Eyer having been bound for said widow's appearance at this court, and she not appearing on account of illness and inability to come to the court, the bond was remitted, and she having acknowledged the offence charged upon her according to Capt. Saltonstall's return, for selling cider, was fined, which fine was also remitted.
John Hussey and Rebecka Hussey, presented for not frequent- ing the public ordinances, were fined.
Tho. Chase, presented for not frequenting the public ordinances, and also for contempt of court in saying that "they want money lett them take it," was fined or to be whipped.
Henry Roby, presented for not keeping things convenient for the entertaining of strangers either for horse or man, which caused strangers to complain, was discharged.
John Clarke and James Kid were bound for the former's ap- pearance to answer a complaint made by Robert Smart's negro called Bess, who charged him with being the father of her child.
Court ordered a warrant to be issued for court fees due from James Johnson, Jno. Smith, John Stanian, John Garland, Abra- ham Chase, Caleb Perkins, Tho. Cram, John Hussey, Jonathan Wedgwood, Tho. Chase, Capt. Hussey, Francis Jennins, Josiah Samborn, upon presentments at the last Salisbury court.
William Sargent did not appear as a witness in behalf of the country in a presentment against Samll. Weed about a gun, but afterward appearing and making excuses, court accepted them and he was ordered to bear his own costs.
Abraham Pirkins was sworn constable for Hampton for the ensuing year.
The town of Hampton was allowed until the next Salisbury court to provide them a schoolmaster.
Johanna Thing and Jonathan Thing were bound, with John
410
HAMPTON QUARTERLY COURT
[Oct.
Samborn and William More as surcties, to administer the estate of Jonathan Thing, late of Exeter, according to law.
Robert Powell was discharged of his bond as surety for John Williams.
William Fifeild, jr., Benjamin Fifeild and Jacob Brown were bound for said Williams good behavior.
Georg Martyn and Walter Tayler were dismissed from all ordinary trainings, allowing to the military company of Amsbury 5s. and 6s., respectively, per annum to be paid the clerk of the company in corn. In case of non-payment, they were to pay a whole year's fine for non-appearance.
John Marian was freed from training in the military company of Hampton, without any further pay.
Bartholemew Heath was bound to administer the estate of Joseph Heath, deceased.
The administratrix of the estate of Jededia Andros was or- dered to bring in an inventory to the next Salisbury court.
Court ordered that the dwelling place of the present keeper of the prison of Norfolk county be within the precinct of the prison.
Teage Disco was ordered to pay 3s. per week toward the main- tenance of Mary Parker's bastard child until the court should take further order.
Elizabeth Roby, wife of Henry Roby, was ordered to be com- mitted to prison for her contemptuous carriages in open court. Upon her confession that she was very sorry, the sentence was remitted.
Court ordered a rate of 30li. to be levied.
Court allowed 10s. to the servants of the house and other lodging places of the court.
Writ: Samuel Davis of Haverhill v. Edward Richardson, jr .; for taking away 1,000 white oak pipestaves from the landing place near Holt's rocks on Merrimac river without order; dated Oct. 3, 1674; signed by Nath. Saltonstall,* for the court; and served by Joseph Pike,* constable of Newbury.
Writ: Daniel Ela of Haverhill v. Mr. Anthony Ashby; debt due by specialty, in which he was bound with Moses Tiler of Rowley Village, for non-payment of 1,000 pipestaves; dated Oct. 5, 1674; signed by Nath. Saltonstall,* for the court; and served by Robert Ayer,* constable of Haverhill.
* Autograph.
411
RECORDS AND FILES
1674]
COURT HELD AT IPSWICH, NOV. 4, 1674, BY ADJOURNMENT.
Richard Dole's negro Grace, presented for fornication, was to be fined or whipped.
Juniper, John Hale's negro, presented for fornication, was to be fined or whipped.
Capt. John Weaver, presented for cursing and swearing, was fined .*
Robert Starkweather dying intestate, administration was granted upon his estate to Jennett Starkweather, his widow, and an inventory of about 20li. having been brought in and there being eight children, court ordered 5s. to each child and the remainder to the widow.
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