USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 42
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Thomas Lovell, sr., and Thomas Lovell, jr., were admonished upon their presentments.
Roger Darby and his wife were admonished upon their pre- sentments.
Obadiah Wood, not appearing to answer his complaint, court declared his bond forfeited. Afterwards he came into court, and upon hearing the case, court declared him to be the reputed father of the child and he was sentenced to pay 40s. in corn to Samuell Hunt for his charges and 3s. per week to be paid to Mary Talbut every week or at least 12s. per month where she dwells.t
Writ [torn] Teage Cartey and - v. John Younge, and Ed- ward -, dated Aug. 14, 1674, signed by John Hall,# for the court, and served by Samll. Leavit,# constable.
Execution, dated May 25, 1674, against Mr. William Symonds, in satisfaction of a judgment granted Phillip Greele, 14 : 2 : 1674, at Salisbury court, signed by Tho. Bradbury,# for the court, and served by Henry Dow,¿ marshal of Norfolk, who levied upon boards at the mill which were appraised by Henry Moulten and Thomas Meakins at 11s. per thousand.
*John Kent and Jonathan Woodman, both aged about twenty- eight years, deposed that some time the past summer being at the warehouse of Capt. Whit where Capt. Wever kept shop, upon some discourse between "Benjamen Lowel and himselef he said that hee was a churh member the Devell in hell rott all such churh membres, and we haue herd him swere by the name of god sevrell times." Sworn in court.
Petition of Obadiah Wood :¿ ye poore petitioner cannot but be deeply sensible of the Righteouse hand of God against him in bringing such a greate trouble & affliction uppon him, by the
# Autograph.
412
IPSWICH QUARTERLY COURT
[Nov.
accusation of Mary Talbet laying that to his charge, wch he knowes in his hearte he is wholly innocent of, and does not doubt, but one day he shall be soe found; before the Righteous Judge of Heaven & Earth, for that he did contrary to ye advice of all his friends especially his Father (whose counsell & command he ought to have attended in matter of that nature) setting his affectiones uppon one, who hath thus requited him for the good will he somtymes bore to her your petitioner cannot deny but that by his familiarity wth her formerly, during the tyme he made love to her, he hath given oppertunity to her the sayd Mary to accuse him, as well as to others to suspect him as guilty, yett he most humbly requesteth soe much favour from you that you would be pleased to consider of such allegations as he is able to produce in his owne defence, wch he humbly ingageth shall be as free from reflecting uppon others as ye circumstances of ye thing will beare; and if uppon a vew of what shall be alledged against him & for him, the Honoured Court shall so meete to determine anything that may be matter of suffering to him he shall in all humility quietly submit thereto & endeavor to ap- proove him selfe."
Allegations of Obadiah Wood in defence of himself: that no witness could be produced of his frequenting her company at unseemly times; that during her abode in town, she had been known to be much in company of young men; that at that time he was an earnest suitor but was scornfully used by her as many can witness, therefore he could not be accused of unlawful fa- miliarity with her, when he desired to marry her and she would not have him, he living in the house with her; that she was known to be out all night without the consent of her master or dame Hovey or of her master Samuel Hunt; that he had ceased his attentions to her when Samuell Bowden, who lived at Steven Crosses house told him at his brother John Frink's house that she was a common baud; that Seth Story was with her near the river and they walked to said Crosses house, etc.
Examination of Mary Talbott, who accused Obadiah Wood, jr. She was bound, with Samuell Hunt, as surety. Sworn, June 10, 1674, before Daniel Denison .*
Examination of Obadiah Wood, who denied every charge. He was bound, with Obadiah Wood, sr., and John Sparke, as sureties. Sworn, June 10, 1674, before Daniel Denison .*
Judith Brewer, aged about thirty years, deposed that the same night Samll. Griffin was married, she heard Obadiah Wood say, etc. Samll. Griffin and his wife Lydia testified to the same. Sworn, June 27, 1674, before Daniel Denison .*
Elizabeth Hunt, aged thirty-seven years, deposed concerning Wood coming to see Mary at her house. Sworn, June 27, 1674, before Daniel Denison .*
* Autograph.
413
RECORDS AND FILES
1674]
Samuell Hunt, complained of by Lift. Appleton for a pernicious lie, was fined .*
Mary Fouller deposed that Wood came to their house and she asked him about the story she heard about his hanging him- self for Mary Tarbal. She told him that she would never marry him because she did not love him, and he said that he had asked Goodman Hovi to forwarn Seth Story, etc.
Elizabeth, daughter of Samuell Hunt, aged upward of four- teen years, deposed concerning what Wood said about her mother and grandmother. Sworn in court.
Anne Reading, aged about seventy years, deposed that Wood frequented the company of Mary Talbot from the time she came to live with deponent's son Hunt, etc. Sworn, Sept. 29, 1674, before Daniel Denison .¡
James Fuler deposed that Wood said he would have Mary Tarball dead or alive. Sworn in court.
Elizebeth Foster, aged about twenty-one years, deposed that Wood and Mary were at her grandfather's house when he and her uncle Phillomon were not at home, etc. Sworn, before Daniel Denison.t
Seth Story, aged twenty-six years, deposed that when he and Wood worked together, he told Wood to remember how John Leigh fared at court for meddling "with other fokes fokes." Sworn in court.
Thomas Burnam, jr., and Thomas Waight, jr., aged above twenty years, deposed that they saw Seth Story and Mary to- gether at Daniel Hovey's, as they were coming from Thomas Borman's on Saturday at twilight, etc. Sworn in court.
Anne Cotten, aged thirteen or fourteen years, deposed that about a month since meeting with Mary Talbet at Sam. Hunt's well, etc.
Sarah Helly deposed that, in the presence of Jonahs Gregry, Mary Tallbut told her that she did not care a straw for Wood but only kept company with him to make a fool of him and that Seth Story was worth a hundred of said Wood, etc.
Sarah Hely and Elizabeth Harendon deposed concerning what Mary told them. Sworn in court.
John Dane, sr., deposed that Obadiah Wood boarded at his house when he came from Daniel Hoveyes, etc.
Hester Hovey testified concerning Mary's treatment of Wood.
Martha Woodine testified that passing Master Wainwright's house one morning, Samuell Bowden told her of his relations with Mary Talbut.
*Mary Goodhue and Thomas Sparke deposed that Samuell Hunt and his wife said that Lt. Samuell Appleton gave a charge + Autograph.
414
IPSWICH QUARTERLY COURT
[Nov.
Nathaniell Browne, for his presumptuous, rash and peremptory speeches and testimonies, was admonished. Left. Appleton was to pay costs .*
to the constable to take nothing but money or else they must go to prison, and Mistress Darby proffered all her plate to let him stay one night in her house, but he would not. Sworn, Nov. 4, 1674, before Daniel Denison.t
Thomas Wait, jr., testified that he saw the horse in contro- versy in Goodman Hunt's yard and Samuel Hount, jr., told him that they had made an exchange with Daniel Hove for a mare, etc. Sworn, Nov. 4, 1674, before Daniel Denison.t
Thomas Fuller, aged seventeen years, deposed that being at Goodman Poters where Samuel Apeltun, jr., and Samuel Hunt, jr., were discoursing about the horse, etc. The next morning said Apeltun and Crestifor Bouls let out the horse, etc.
John Dane, aged about sixty-two years, testified that the horse ran into his pasture, etc.
Henery Skerry, aged above seventy years, deposed that Quar- termaster Perkins was told not to take anything but money, etc. Sworn in court.
Samuell Appleton's bill of cost against Samuell Hunt, 1li. 12s., against Natha. Browne, 1li. 8s. 6d., against Christopher Bowles, 1li. 1s.
*John Chote, aged about forty years, deposed that at the last Ipswich court in March, he was at the Quartermaster's house- side with John and Nathaniel Browne and asked Nathaniel if he could testify anything concerning the horse of Appleton's and Hunt's and he said no but that John Lines had told lies enough about the horse, etc. Sworn, before Daniel Denison.t
Alexander Tomsone, aged about forty-six years, deposed that he loaned Lt. Nath. Brown a pair of sheep shears the last shearing time and said Brown returned another pair, which he claimed were the same which he put in the bottom of his bag of wool before he went from home. Later his brother John brought back the right shears and deponent took the others home to Nathaniel, both their wives being present with them. Sworn in court.
Thomas Knoulton, aged about thirty-two years, deposed that coming from Salem with Nathaniel Broun he was boasting of downing Appelton's business and said that now he would set his sawmill to work and saw round pine trees for Hunt, for he had sawed long pine trees long enough for himself, and that Hunt kept them like lords for they wanted neither for meat nor drink, etc. Sworn in court.
Thomas Mentor, aged twenty-two years, testified that he + Autograph.
415
RECORDS AND FILES
1674]
was going to Mr. Rogers' for his master's horse which the latter had impounded with another horse, etc. Samuel Hunt, jr., took the other horse which James Foollar told him belonged to the Hunt's, etc., and which horse Nathaniel Brown said he had never seen before. Sworn, Nov. 4, 1674, before Daniel Denison .*
Nathaniel Browne deposed concerning the testimony he gave in to the court.
Mary Lambert, aged about sixteen years, deposed that when her master Browne sheared his sheep, Nathaniell Browne and Bernard Thorne were helping in her master's stable. Said Thorne exchanged the shears when Nathaniell Browne was not there, which occasioned the trouble.
Willyem Knowlton, aged about twenty-nine years, deposed concerning what Nathaniel told him about his testifying. Sworn in court.
William Knoulton, aged about thirty years, deposed that he being at Nathaniel Brown's house, where "now he liveth," etc. Sworn, Oct. 5, 1674, before Daniel Denison .*
John Line testified. Sworn, Sept. 22, 1674, before Daniel Denison .*
John Browne deposed that he was mowing in his father's marsh, etc.
John Browne, aged about thirty years, and Andrew Burly, aged about sixteen years, deposed.
Nathaniell Browne's answer to the charges of false swearing.
Joseph Knowlton, aged about twenty-five years, deposed that being in the woods with Nathaniel Browne, etc. Sworn in court.
Nathaniell Browne's* petition to the court: that he and his wife were troubled by Thomas Knowlton and he asked the court to find some way in which they could live peaceably among their neighbors; that people blamed them for not complaining before, but they looked upon said Knowlton as a notorious lying fellow who did not mind what he said of any person, and so he desired Mary Fowler and his wife not to say anything about it; that finally they asked Goody Leigh's advice, also Goodwife Rust, and told the latter what Knowlton had said about her, which provoked her, but now they were as intimate as ever; that Mary Fowler would have testified to what said Browne could tell but Goodman Willson had threatened to have her whipped if she said anything if it cost him a hundred pounds; that Thomas Knowlton always took great delight in all manner of lascivious discourse and nicknaming of people so that said Browne could hardly bear it, but so many persons knew his manner of life and discourse, that he did not wish to meddle, etc.
Another petition in which said Browne complained that all his trouble came from Thomas Knowlton and his wife, as it
* Autograph.
416
SALEM QUARTERLY COURT
[Nov.
Samuell Hunt, upon his complaint against Lift. Sam. Appleton and his son and Christopher Bowles and the manner of his car- riage about it, was admonished, and ordered to pay costs .*
Sarah Younglove's complaint against Thomas Knowlton, being above a year old, was dismissed.
Renold Foster, jr., was released from training paying 5s. per year to the use of the company.
Mr. Thomas Braghton acknowledged judgment to John Graves, as attorney to Mr. Samuell Hall.
Given to the house, 6s. 8d.
Reckoned with the Treasurer on Apr. 22, 1675 and all accounts cleared, except the court in March last, to this day, and there remains due to the county, 6li. 5s. 2d. Besides there are bellows and hats that are yet in the Treasurer's hands "to be made the best on."
COURT HELD AT SALEM, 24 : 9 : 1674.
Present: Worshipfull Samll. Simonds, Dep. Gov., Maj. Genll. Daniell Denison and Majr. Wm. Hathorn.
Grand jury: Nathaniell Putnam, Thomas Rootes, Wm. Trask,
appeared from John Loe, Knowlton had raised a scandal about his wife in which there was no truth, and had set neighbors to- gether by the ears, especially Samuell Younglove and Daniell Hovey so that suits were entered; also that Goody Story, the wife of Sammuell Younglove, the wife of Joseph Gidings and the wife of John Bare could also testify in Browne's favor; that if the court did not "take some care and pity upon us on this side of the River," they would be ruined; further his wife de- sired to come into full communion but when Knowlton heard of it, he was so filled with envy that he went to the elders and made a great clamor against her, but only showed his own malicious spirit.
*Samuell Hunt's complaint was for taking his horse from his stable and at another time from the custody of Thomas Boreman.
Samuel Hunt deposed that he asked Sam. Piping to see how old the colt was and he said four years, and when they came to the lane that turned to Esia Wood, etc.
John Frinck, aged about twenty-six years, deposed concerning Goodman Wood bringing a colt to Nathaniell Addams. Samuell Addams deposed the same. Sworn, 31:1 :1668, in Ipswich court.f
t This paper belongs in the case of Wood v. Adams. See ante, vol. IV, p. 7.
417
RECORDS AND FILES
1674]
Joshua Rea, Joseph Huchenson, Nathaniell Walton, Henry Herrick, James Moulton, jr., Hen. Lee, Jeffery Parsons, Hen. Collens, sr., Ensigne Bancraft and John Burrill.
Jury of trials: Mr. Eleazer Hathorne, Mr. John Price, Mr. John Higgenson, Israell Porter, Frances Nursse, James Dennis, Peeter Woodbery, Charles Gott, William Haskall, Robert Rand, Jon. Newhall, jr., and Ezekiell Needham. Nicholas Manning was chosen in John Porter's and Antho. Ashbye's case, in place of Israell Porter.
Mr. Samll. Gardner's fine for absence from the grand jury was respitted.
Hugh March, sr. v. Benjamin Lowell. Verdict for plaintiff .*
*Writ: Hugh March, sr., of Newbury v. Benjamin Lowle of Newbury; for not keeping his servant Hugh March, jr., and for not providing for him sufficiently in time of his sickness, also for not teaching him his art or trade according to indenture; dated Nov. 17, 1674; signed by Anthony Somerby,t for the court; and served by Joseph Muzzey, constable of Newberrey, by attachment of house and land of defendant.
Hugh Marche's bill of cost, 2li. 10s. 2d.
John Dole, aged about twenty-six years, deposed that about the 17th of this month Hugh March, sr., desired him to go with him to Benjamin Lowle and ask him to take his son, Hugh March, jr., as his servant again, but Lowle refused unless it were upon a new agreement. The next day March tendered his son in the presence of Richard Bartlet, sr., Caleb Moodey and deponent, but he still refused. Hugh March, sr., demanded 20li. of said Lowle for the keeping of his son. Sworn, Nov. 23, 1674, before Robt. Pike,t commissioner.
Richard Bartlet, sr., aged about fifty-three years, deposed that Lowle refused to take March upon the old indenture unless he were as sound and in as good condition as he was when he went from him, etc. Sworn, Nov. 23, 1674, before Robt. Pike, commissioner.
Indenture, dated Sept. 29, 1674, Hugh March, son of Hugh March of Newbury, of his own will and with the consent of his parents was apprenticed to Benjamine Lowlet of Newbury, blacksmith, for six years, to learn the trade of a blacksmith, and said Lowle was to perfect him in writing and casting accounts, in reading English and in the trade of making or mending locks. Wit: John Kentt and Robert Holmes.t
Daniell Ela deposed that he saw the young lad Hugh March at said March's house in Newbury when Mr. John Dole was + Autograph.
# Autograph and seal.
418
SALEM QUARTERLY COURT
[Nov.
called to treat him and they did not expect him to live through the night. He was lame in his knee for fifteen months and his thigh was very painful night and day, the flesh and bones being very sore. Deponent saw him often and was called to dress the leg, and Hugh had gotten so much cold and numbness, together with his melancholy, that all the means they used did no good for a long time. Sworn, Nov. 20, 1674, before Nath. Saltonstall,* commissioner. Thomas Davis, aged seventy years, deposed that he was working for Hugh March, sr., while the boy was there, etc. Sworn, Nov. 20, 1674, before Nath. Saltonstall,* commissioner.
Jno. March deposed that when his brother was sick at Lowle's house, "I was Ryding along in ye street, & about ye middway between my fathers House & ye House of Benjamin Lowle I mett with Benjamin Lowle: Hee Asked mee whether I was going with a pilion behinde mee: I saide, to his house for to fetch my Brother if you will lett mee haue him: hee made mee this aunswer, thats very well, & no more that I doe remember: then I went to ye house & Asked his Dame whether shee would lett mee haue my Brother to cary him home, & shee saide yes shee went to him & fitted on his cloathes and helped him downe ye staires, & shee & her mother helped him upon ye hors & wrapped ye Cloaths about him & I brought him home. . . . I did lay with him two nights at his master lowl's house when hee was sick, & yt ye thing hee lay on was a Cotten wooll bagg, or such like thing, filled with Chaffe & straw & vpon it was a piece of old Curtaine, & his couering was an old Cotten Rugg & a Sheet wc was all ye Bedd-cloathes hee had, in ye Coldest winter night yt Came. Hugh March, jr., testified to the same concerning the lodging. Sworn, Nov. 23, 1674, before Robt. Pike,* com- missioner.
Judith March deposed that she went to Lowle's to see her son Hugh, and told said Lowle that she was busy and could not attend to him and that he must have a doctor for him. When the doctor came he said the place was not fit for a sick person to be in on account of the coldness of the room. "his dame urged mee to take him home. I was not willing & gaue her reason for it, as yt wee were building of our house & had many workmen to lodg, besides ye occasions of ye Ordinary: And her Aunswer was to mee, shee could not Attend him to goe upp & downe ye staires therefore urged mee very hard to take him, & saide hee would bee better contented with mee for hee did nothing but ly & cry yesterday almost all day long, so hee was fetched from thence & remaines with us to this day." Sworn, 23 : 9 : 1674, before Robt. Pike,* commissioner.
Elizabeth Broune, formerly a servant to Hugh March of New- bury and of Jno. March, his son, testified that "ye continuall hear-
* Autograph
419
RECORDS AND FILES
1674]
William Barkwell v. Mr. Edmond Batter. Withdrawn .*
ing of his dolefull crying out night & day for a long time, was a great distraction to the family & his Attendance was extriordinary : & for a long time both his parents ye Doctor & wee did think yt hee would not haue liued vntill ye morning: & helping some- times to carry him from the bedd to ye fire & sometimes lifting him to & fro & leading him, it was for a long time, most of ye whole familyes work to Attend him." Also that Benjamin Lowle approved of what the doctor did and was glad that Hugh was in his father's house. "Hugh March, Jun' Came in to his fathers House one bitter Cold night in ye winter foregoing & was Asked from whence hee came, hee saide from Rowley, & Coming to ye fire, in a litle time cryed out & was not able to stand still; his mother seeing what kind of breeches hee had on (which was two stiff lether things like boards about him) shee put her hand to see whether hee had any drawers on & ther was nothing but a Ragg, without side ye hipp: & ye inside of ye thigh and so Rough, not like flesh but like some Rough board." Hugh's father was not at home when his son was brought there, etc. Sworn, Nov. 29, 1674, before Robt. Pike,t commissioner.
Hestor Holmes, aged about twenty-three years, deposed that Hugh's master was not at home when John March took him away and his dame was not willing that he should go, etc. Sworn, Nov. 23, 1674, before Robt. Pike, commissioner.
Joanah Woodman, aged sixty years, and Ruth Lowle, aged twenty-four years, deposed that Hugh's mistress said that he was not fit to go abroad. Sworn, Nov. 23, 1674, before Robt. Pike,t commissioner.
John Dole, aged about twenty-six years, deposed that being called by Benjamin Lowle in late August, 1673, to his servant Hugh March, who was sick with a fever and a tumor or swelling in his knee, he found the place where he lay open in some places and not fit for one in his condition. Further he advised them to take him to his father's house where he could have better care, and later Benjamin Lowle came several times to see him and seemed to be well satisfied. Deponent told Lowle that he should attend Hugh until he said he should do no more for him. Sworn, Nov. 23, 1674, before Robt. Pike,t commissioner.
Harcules Woodman and Richard Dole deposed. Sworn, 23 : 9 : 1674, before Robt. Pike,t commissioner.
*Writ: William Barkewell v. Mr. Edmond Batter; for with- holding his share of fish, and not giving satisfaction, upon a voyage made this last summer; dated 16 :9 :1674; signed by Hilliard Veren,t for the court; and served by Henery Skerry,t marshal.
f Autograph.
420
SALEM QUARTERLY COURT
[Nov.
William Curtice v. Joseph Phippen, sr. Verdict for plaintiff .*
Henery Colborn testified that they made up their voyage with Mister Batters, and the fisherman's share was 26li. and the shore- men's share was about 31li. 12s .; also that said Batter accepted it and every man brought in his share, except Goodman Grinslate who died in the summer. Sworn in court.
Ed. Batter's; receipt to Willm. Barkwell, dated 15 : 7 : 1674, for 38 quintals of merchantable fish and two of refuse at 12s. per, from the ketch Entrance and company.
Ed. Batter's; receipt to Willm. Barkwell, dated 7 :7 : 1674, for 42 1-2 quintals of fish.
Edm. Batter'st receipt to Henry Colburne & Co., dated July 10, 1674, for 59 quintals of merchantable fish and 19 1-2 quintals of refuse cod, with 5 1-2 of haddock and pollock.
Ed. Batter'st receipt to William Barkwell, dated 7 : 6 : 1674, for 39 quintals of merchantable fish, 17 quintals of hake and pollock, and 30 of refuse cod.
John (his mark) Homan of Salem, fisherman, certified that it was by his order that William Balkwell took out 8 quintals of fish for his own use for a debt which said Homan owed him. He also ordered him to pay fish to Isacke Foot and Isacke Williams. Wit: Henry Colburent and Edward (his mark) Winter.
Account of the fish William Balkwell, shoreman, delivered: to the skipper, 35 quintals, and 6 1-2 refuse fish; to John Homan, 12 quintals, and 3 refuse fish; Goodman Grinslate, 5 quintals; John Lambord, 28 1-2 quintals.
Henery Colboren testified that Goodman Grinslat ordered William Balkwell to take out what he did, etc. Sworn in court.
*Writ: William Curtis v. Joseph Phipeny; withholding a debt; dated 5 :9:1674; signed by Hilliard Veren,t for the court; and served by John Williams, t deputy for Henery Skerry, f marshal of Salem, by attachment of the house and land of de- fendant.
Daniell Rumball, aged about seventy years, deposed that Joseph Phipene, sr., was at his house the latter end of the summer and he asked said Phipene why it was that deponent's son and he could not agree but had to go to law. Phipene said that he was willing to pay in goods, etc. Sworn in court.
Joseph Phippen, jr., deposed that he was present when his father and Wm. Curtice made up an account of 20li. and it was settled. David Phippen deposed the same. Sworn in court.
Mordeke Cravit, aged about fifty years, deposed that he went into Goodman Curtis' shop about Aug. 20, 1671, and heard Phipene say to Curtis that when they had made up their accounts about Curtis' part of the sloop or any other account, he would pay him in money. Sworn in court.
+ Autograph.
421
RECORDS AND FILES
1674]
John Hobbs v. Samuell Rowland. Debt. Verdict for plain- tiff. To be paid in serge. Appealed to the next Court of Assist- ants. Samuell Rowland and Robert Bartlett bound .*
Mr. Philip Cromwell v. Thomas Ives. Debt. Verdict for plaintiff. To be paid in goods and cattle.t
Samuell Simonds v. Robt. Ames. Replevin of a steer. Ver- dict for plaintiff.#
Edmund Benit, aged about twenty years, deposed that when he was in Goodman Curtis' shop, Phipene came in to reckon accounts, but Curtis said he was very busy doing some work for Captain Corwin's pink, etc. Sworn in court.
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