USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 5
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* Autograph.
41
RECORDS AND FILES
1672]
Wolland, Nathaniel Pickman, sr., Isaack Williams, Frances Nurse, James Moulton, sr., Will. Vincent, John Norman, Wm. Merriam, Wm. Bassett, Tho. West and Tho. Pitman.
Jury of trials: Mr. John Gardner, Mr. John Ruck, Mr. Phillip Cromwell, Mr. James Browne, William Curtice, Nathaniell Beadle, Abraham Coale, John Dodg, Edw. Harrendine, Andrew Mansfeild, Jon. Newell, jr., and Mark Bacheler.
Edward Woollan, being one of the grand jury and not attend- ing, was fined.
Robert Bartlett v. William Beale. For a mare of plaintiff being killed and found dead in the ground of defendant. Ver- dict for defendant .*
*Writ, dated 19 : 4 : 1672, signed by Hilliard Veren,t for the court, and served by John Woldren,t constable of Marblehead, by attachment of the house of defendant.
Wm. Beale's bill of cost, 1li. 10s. 8d.
John Waldron, aged about forty-eight years, deposed that Robert Bartlet came to him to go to William Beale's field to see a mare that was killed. He saw that it was Bartlet's mare dead with a wound behind the shoulder, and when he opened her, he took out her heart and found the wound was between her ribs and her heart. Sworn in court.
Richard Rowland, aged about fifty years, and James Smith, aged forty-eight years, deposed that they viewed the fences and found that in many places there was not a board three feet high by measure, and some of Beale's children were mending it. Sworn in court.
Benjamin Parmiter deposed that he and five other neighbors appraised the damage in Beale's hay meadow at 20s. in silver and 20 bushels damage in his crop of rye. They saw eighteen inroads made through his fences by horses and they met with Thomas Pitman, one of the overseers of fences, whom they asked to go with them, but he said it was needless because he had re- cently been around Beale's fences, and they were sufficient. If there were objection made to the stone wall being too low, he answered that it was sufficient on account of the fall of ground on the inner side and brush growing near it. There was also no need of the sharp stakes, as they found in some of the broken places, and they cut them off even with the top of the hedge. Sworn in court.
Henry Stacy deposed the same. Sworn in court.
Adam Clarke, aged about seventeen years, deposed that William Beale came to his master's shop and said that there were horses using his field but he did not know whose they were. He also t Autograph.
42
SALEM QUARTERLY COURT
[June
Mr. William Browne, sr. v. Abraham Allen. For denying plaintiff possession of a house and land. Verdict for plaintiff, the house, shop and ground to be delivered according to mortgage .*
said that he would not hurt them with any hand weapon but would set something in their way that would hurt them. Sworn in court.
Thomas Bowen and Thomas White testified that they were among those who viewed the damage on Apr. 26, and they tried to get Thomas Pitman and John Gachell, the overseers of fences, to go but they refused, etc. Sworn, 22 : 4 : 1672, before Wm. Hathorne,f assistant.
Thomas Pittman, aged about fifty years, deposed that as fence surveyor, he viewed the mare and found her in a field where there was no corn. Beale and his wife showed them the damage done and said that Goodman Legges mare and Mr. Kinges horses were responsible.
Thomas Bowen, aged upward of forty-five years, and Thomas White, aged about thirty-two years, deposed. Sworn, 24 : 4 : 1672, before Wm. Hathorne, f assistant.
Samuell Beale, aged about seventeen years, and James Beale, aged about fourteen years, deposed concerning damage in their father's field, etc. Sworn in court.
John Gatchell, sr., aged about sixty years, deposed. Sworn in court.
James Beale deposed that he found the mare dead and in- formed his father, who notified Thomas Pitman, the elder. The latter said it was Robert Bartlet's mare, that she was in the ferry lots and did a great deal of damage, and that Nathaniell Walton disowned her. Also that the overseers of fences looked at the sharpened stakes and allowed them. Sworn in court.
Rebecka Waldren, aged about sixteen years, deposed that she heard Beale say in her father's house, etc. Sworn in court.
*Writ, dated 18 : 4 : 1672, signed by Hilliard Veren,t for the court, and served by Henry Skerry, t marshal of Salem.
Mortgage deed, dated June 30, 1671, from Abraham Alling# of Marbelhead, blacksmith, to William Browne, sr., of Salem, in consideration of 75li. 12s. 11 1-2d. to be delivered before June 1, 1672 in good merchantable dry cod fish at Marblehead, conveyed his new dwelling house and shop in Marblhead and ground be- longing to them, "standing near a new shopp Mr Riddan now posses & by mr Francis Johnson's dwelling house & by mr Sam- uell Wards to the northeast of it." Wit: John Appletont and Nath11 Mighill .¡ Acknowledged, 30 : 4 : 1671, before Wm. Hath- orne,f assistant. Recorded, 26 : 7 : 1671, in book 3, folio 126, by Hilliard Veren, t recorder.
+ Autograph.
# Autograph and seal.
43
RECORDS AND FILES
1672]
John Smith v. Zachariah Goodell and Elizabeth, his wife. Slander. The defendant was allowed costs .*
Edward Richards v. Mr. John Geffords or Margaret Gifford, his attorney. Review of a judgment granted the said Gefford at the last Ipswich court. Verdict for defendant.t
Timothy Roberts v. Mr. Richard Hollingworth. Debt. For- feiture of an obligation. Withdrawn.
*Writ, dated June 10, 1672, signed by Hilliard Veren,¿ for the court, and no return made. Bond of Zachariah (his mark) Good- ell and Elizabeth (her mark) Goodel.
Bill of cost, 7s. 6d.
Plaintiff's plea: that he objects to defendant saying that she kept the abuses, which he was alleged to have committed, private for years and would never have revealed them but to save her- self from damage against her in court. "Now if a woman might singly alone be so surcomstansed noe man can scap from suffer- ing: but if I might be sufred to sware in my owne case I can safly sware that her charg and accusation is fals but let the con- sidaration of the testamony the Nayborhowd that will say that thay neuer saw any hurt by me in that respect but do raly thinke that I am wronged and I hope that I neuer shall be left to Com- mitt shuch wickedness pray haue soe much charity towards me as to credit me in what I say: now I hop that no man can accord- ing to law be condemned without it be by the mouth of tow or thre wittnissis and in this case wher ther is noe surcomstanc in the Case to Joyne with her complaynt thus hoping to confidently believe as raly I dow that my grettest hapynes lyeth in that your worships are holly wiss and just and charitable."
Defendant's plea: the court was asked to judge of the legality of the attachment, for the law provides six days for the defend- ant to prepare his answer and testimony; the attachment was for slander but mentions no time nor place nor word of slander; defendant had said many things concerning plaintiff for many years upon many occasions and if common fame may be credi- ted "it is not a very easy matter to slander the plaintiff." Sum- mons appearing not to be legal, defendant requested a non- suit.
+ Writ, dated 13 : 3 : 1672, signed by John Fuller,¿ for the court, and served by John Ballard,¿ deputy for Samuell Hartt,} constable of Lin.
Copy of writ and record of the Ipswich court of Mar. 26, 1672, and of Sept., 1653, concerning this matter, made by Robert Lord,¿ cleric.
¿ Autograph.
44
SALEM QUARTERLY COURT
[June
Henry Roads v. Joseph Armitage. Trespass. For burning fence. Verdict for plaintiff .*
* Writ, dated May 3, 1672, signed by Hilliard Veren, t for the court, and served by Samuell Hartt, t constable of Linn.
Henry Roads' bill of cost, 1li. 14s. 2d.
Thomas Marshallt certified, 3 : 2 : 1661, in a note to Cor- porall Androus, that "I am Content that Mr. Rods shall injoy that pece or persall of land that was mine lyinge at the Iron workes gate which you bought of mee." Sworn in court.
Copy of deed, dated Oct. 25, 1651, Jno. Knowles of Water- towne to the Worshipful John Bex & Co., for the Iron works, a parcel of land in Linn, containing twenty acres and adjoining the land of Capt. Robert Bridges on the southeast and the Iron works land on the northeast, formerly bought of Mr. Tomlins of Lynn, said Bridges having been given power to give possession. Wit: William Osbourne and William Aspinwall, notary public. John Gifford, agent to Mr. John Bex & Co., assigned this mort- gage, Mar. 16, 1655, to Joseph Armitage. Wit: John Hathornet and Samuell Johnson.t Acknowledged, by John Gifford, 24 : 12: 1671, before Wm. Hathorne,f assistant. Recorded at Salem, 16 : 2 : 1672, in book 3, folio 141, by Hilliard Veren,t recorder, who also made the copy.
Joseph Armetage testified that being desired to run the bounds between Henry Rhodes and Olliver Purchas, on Apr. 4, 1666, they agreed as follows: from the river at the old field gate to a stump on which the fence stands on a straight line and so to a tree fallen in the corner of the ploughed land by a swamp side. Sworn, 26 : 2 : 1666, before Wm. Hathorne,f assistant.
Andrew Mansfeild testified the same. Sworn, 10 : 4 : 1668, before Wm. Hathorne, f assistant.
Oliver Purchis, aged about fifty-four years, testified that Joseph Armitage of Lynn went to the dwelling place of deponent the past spring and told him that he was going to set fire to the fence that stood upon the lot formerly called Knoles' lot and also that part called Mr. Rhoads' pasture. Later some one told deponent that there was a great smoke at the place and he went and found about forty rods burned. Joseph Armitage owned that he did it, at Capt. Marshal's house. Sworn in court.
Thomas Marshall testified the same. Sworn in court.
Joseph Armitage,t aged about sixty years, deposed that upon the land that Henery Rhodes bought, which was formerly Capt. Bridges, the latter caused all the best timber to be felled and squared and sold it to deponent twelve or thirteen years ago. When Capt. Marshall bought the land of Capt. Bridges, deponent and said Marshall joined partnership with him in a "colling + Autograph.
45
RECORDS AND FILES
1672]
Edward Humber acknowledged judgment to Capt. George Corwin .*
Edward Humber acknowledged judgment to Mr. Phillip Cromwell.
John Godfery v. Abraham Whittaker. For damage done him. Verdict for defendant.
voyage" and so had the wood cut, and that said Marshall and his successors had held the land for the past twenty-seven years. Sworn, 18 : 10 : 1667, before Wm. Hathorne,¿ assistant.
Nathaniell Handforde and Andrew Mansfeild deposed that they went with Mr. Rhoades to Joseph Armitage to demand damage for burning his fence at his farm, but Armitage said the land was his, and later told said Handforde that he had given Rhoades warning, and would take the constable and pull down more of the fence and let cattle eat up Rhoades' corn. Depon- ents judged the damage to be 2li. 1s. Sworn in court.
Daniell Salmon testified that Capt. Robart Bridgis claimed and possessed the land which Mr. Henery Roads bought of Capt. Thomas Marshall, beyond the farm of Thomas Wheeler, from a rock on the hither side of a marsh which was his at the upper end and at the end toward the Iron works field to a great tree now lying down with one cut sawed off, which was felled by some of his servants, the line running to a great tree standing by the bridge of the Iron works field gate on a little hillside. Sworn, Aug. 1, 1665, before Samuel Symonds.}
Daniel Salmonį further deposed that the land was bought of John Andros as well as Capt. Marshall, at the same time. Also that Capt. Bridgis possessed this land about twenty-four years since.
Monenah (his mark) Andereus testified that asking his master Capt. Bridgis how far his bounds extended, he showed him. The great tree by the swamp was near the pathway that goes to Mr. Bennet's. Sworn, July 7, 1665, before Daniel Gookin.į
Monene Andreos further deposed that his master was the owner of this land at that time. Sworn, Sept. 24, 1667, before Daniel Gookin.į
*Bond, dated Nov. 23, 1670, Edw. Humbert of Salem, black- smith, to Capt. George Corwin of Salem, merchant, for 38li. 4s. 7 1-4d., to be paid in money, merchantable provisions or work. Wit: Isack Williamst and John Frie, jr.#
+Writ: John Godfry v. Abraham Whitacre; for damage done him by defendant, who complained to John Williams, constable of Haverhill, that said Godfry had stolen three cows from him, obtaining a hue and cry, Godfry being apprehended and kept in
# Autograph.
46
SALEM QUARTERLY COURT
[June
John Dodg, jr. v. Tho. Fisk, Tho. White and Walter Faire- feild, owners or proprietors of the saw mill at Wenham. Tres- pass. For making a mill dam and thereby stopping a water course, so the plaintiff's meadow overflowed. Withdrawn.
Chrispus Brewer and Tho. Ivery were sworn constables for Lyn.
Edward Berry and Eliza, his wife v. Nicholas Woodbery. For withholding a parcel of land. Verdict for defendant .*
custody, and detaining them under the pretense of law without any prosecution of the hue and cry; dated May 6, 1672; signed by Anthony Somerby,t for the court; and served by Steven Webster,t constable of Haveril.
Writ: Abraham Whiticker of Haverhill v. John Godfery of Newbery; trespass; for illegally taking and driving away three cows out of plaintiff's yard in Haverhill; dated May 6, 1672; signed by Nathll. Saltonstall,t for the court; and served by Steven Webster, constable of Haverel.
John Godfre's bill of cost, 16s.
Petition "of your poore distressed seruant," John Godfry to the court: that the constable John Williams had no authority according to any law to take away the cattle without a replevin, nor to grant a hue and cry.
Thomas Fowler deposed concerning Godfree's arrest by the constable, etc. Sworn, June 21, 1672, before Robt. Pike,t com- missioner.
Thomas Dow and Darcos Dow deposed that about two years ago they were at Whitecer's house, etc. Sworn, 17 :4 : 1672, before Simon Bradstreet,f assistant.
John Williams testified that he was at Whiticker's house light- ing his pipe when Edward Clark told Goody Whitticker that John Godfry was driving away her cows, etc.
Thomas Dowe, aged about thirty years, and Dorcas Dowe, aged about twenty-four years, deposed. Sworn, 17 : 4 : 1672, before Simon Bradstreet,f assistant.
John Colby deposed that he was at Whetecar's when the attachment was served and heard him say that he received these cows of Sammuel Semmors upon John Godfre's account, etc. Sworn in court.
*Writ: Edward Berry and Elizabeth, his wife v. Nicholas Woodbery; for withholding a parcel of land, of which John and William Hascall had given a pretended sale, and which was given by will of Elizabeth Hardy to her daughter Elizabeth, now wife of Edward Berry, to be at her disposal without any relation to her former husband Roger Hascall, deceased; dated 14 : 4 : 1672;
+ Autograph.
47
RECORDS AND FILES
1672]
John Clifford v. Habbacuck Turner. For four hogsheads of fish laden aboard the said Turner's ketch. Verdict for defend- ant .*
signed by Hilliard Veren,t for the court; and served by Henry Skerry, ¡ marshal of Salem. Bond of Nicholas Woodbery.}
Jacob Barnye, sr., and William Dodge, agents for Mr. Garvis Garforde, testified that they laid out to Roger Hascoll eighty acres of land of said Garford's lying between Lord's hill and Burch plain. Said Dodge further deposed that these eighty acres were sold by William and John Harskall to Nickolas Wood- bery and he saw it delivered by turf and twig. Sworn in court.
William Hascol, aged about fifty-five years, deposed that being with the widow Hardy before her death, he heard her say that she reserved for herself only one-half of the house and land at Draper's point, and that she had let her son Rogger Hascoll have the whole four score acres which lay in the woods by Wen- ham pond and which she had bought of Mr. Garford and that her son Rogger might give it to his children. Sworn in court.
Copy of deed, dated Mar. 6, 1667-68, John Hascall and William Hascoll of Salem, husbandman, for 75li., conveyed to Nicholas Woodbery of Salem, yeoman, 80 acres in Salem, near the bounds of Wenham, bounded by land formerly of William Lord, lately sold to several of the inhabitants of Wenham on the northeasterly land of John Rayment east southerly, land of Zachariah Her- rick west sotherly, and some land of John Leach and Wenham land northwesterly; also about three acres of fresh meadow, it being one-half of six acres that was Roger Hascall's, late de- ceased, nearby, on the westerly side of the Wenham Great pond; also two acres in Wenham Great meadow, bounded on the west by the bridge, with the meadow formerly Mr. Fiske's northerly, the meadow of Nicholas Howard easterly and of William Os- bourne's southerly; also four acres of fresh meadow in Bunker's meadow, so called, bounded easterly by meadow of William Dodge, southerly by Edward Bishop, westerly by John Ray- ment, northerly, the Great river. Wit: Hilliard Veren, Ed. Groves and Tho. Rix. Acknowledged, 18 : 1 : 1667, by the grantors, the wife of William Hascall yielding her thirds, before William Hathorne, assistant. Copy made by Hilliard Veren, t recorder.
* Writ, dated May 20, 1672, signed by Hilliard Veren,¡ for the court, and served by Henry Skerry,t marshal of Salem, by at- tachment of the house, if his, if not, a chest and two tables of defendant.
Habicek Turner's bill of cost, 7s. 10d., signed by John Gardner. 1 + Autograph.
48
SALEM QUARTERLY COURT
[June
Joseph Wilaum and John Peckworth deposed that being in the company of Mr. Halbacok tornar and John Clifford, they heard Cleford demand an account of the goods said Turner had shipped with him according to a bill of lading. Clefford said if he would produce a receipt of the delivery of the goods to his agent and factor, he would be satisfied. Tornnor replied, "give me a pynt of wine and I will," but after the wine was drunk, he slipped away. Sworn in court.
John Pickworth and John Hill deposed that they heard Clifford demand an account and Turner called him fool and loggerhead, saying, "I will giue you none take your corse and do your worst." Sworn in court.
Bill of lading, dated Sept. 5, 1670, shipped by Mr. Jno. Clifford on the ketch Return of Salem, Habbakuck Turner, mas- ter, bound for Barbados, four hogsheads of fish, to be delivered to Mr. Anthony Toleman, freight for said goods to be paid in 450 pounds of good Muscovado sugar per tun, etc. Turner's receipt for the cask, contents unknown. Copy made by Hilliard Veren,* cleric.
John Herbert, aged about twenty-eight years, deposed that he was Turner's mate on the Return of Salem, and that the hogs- heads were delivered at Barbados. Sworn, 24 : 4 : 1672, before Wm. Hathorne,* assistant.
Hilliard Veren, jr., aged twenty-three years, deposed that he heard Anthony Toleman in Barbadoes say that John Clifford of Salem had sent him by Mr. Turner, several hogsheads of fish. Sworn in court.
"Barbados: January 31, 1671-2.
"Lo: Cousin
"Mine & my wifes loue to y" & yor wife & daught", hoping you are in good health as I wth my wife & Childred are at ye writ- ing hereof, I haue recd yor letter & Rect by John Gardner wt two hundred seuenty & eight pd of fish, and sixty foure pound of onions, I gaue a rec to Jnº Gardner for thirteene pd of onions More then I haue or did receive, wch Mistake I desier may be rectified, I not hauing ye wt of ye fish & onions when I gaue ye rect, I haue disposed of sum part of ye fish but haue not recd any goods yet, but by thee first opportunity I shall send y" sum goods, yor Fish came to A very bad Markett, here being so much, and A man may buy as good Cod Fish as Neede to be spent for a pd of sugr a pound, I shall by the next send y" more at large I borrowed a bagg of Jnº Gardner to bring up the onions, & not hauing an opportunaty to Carry it downe so soone as I should therefore I Desire y" to make my excuse, If hce be Come away but I purpose to send ye letter wth him, I speake wt Antony Tol- man about ye fish, & he doth acknowledge ye rect thereof, & saith yt hee hath sent y" seuerall letters & ye Accompt wch he
* Autograph.
49
RECORDS AND FILES
1672]
Samuell Knowlton v. Jno. Powlen. For not prosecuting his replevin.
Mathew Price v. Anthony Ashby. Debt. Verdict for plain- tiff. *
Capt. James Smith v. Richd. Rowland. For intermeddling with the plaintiff's dealings and pernisciously suggesting mis- apprehensions to people's minds in his dealings .. Withdrawn.t
Capt. George Corwin v. Steeven Greegs. Debt.#
John Leach, jr. v. Mr. John Emerson. Appeal from the judg- ment of the Worshipful Major William Hathorne. Verdict for defendant, the confirmation of the former judgment.§
makes no doubt but y" haue recd, If you Can by any Conuenienc send sum barrlls of Pickled oysters, I shall make y" honest re- turns wch is ye needfull at psent, from
"Yor Lo: ffrd & Kinsman "George Maggs.||
"yor Vncle William Shingleton is dead & uncle Frances Carter & uncle Till are all Dead, and yr sister Jean I married to one Dobbs and liue Just undr ye shopp at ye beare. hee is a barbr surgeon. I doe expect nuse Euery day from Glostr, no more at psent.
* Mathew Priss' bill of cost, 16s. 2d.
+ Writ, dated 18 : 4 : 1672, signed by Hilliard Veren,|| for the court, and served by Samll. Morgan,|| constable of Marblehead.
į Writ, dated June 3, 1672, signed by Hilliard Veren,|| for the court, and served by Henry Skerry, || marshal of Salem, by at- tachment of house and land of defendant.
§ Copies of the papers in this action, when brought before Wm. Hathorne, || assistant:
Writ: Mr. John Emerson v. John Leach, jr .; debt due for 34li. received by Mary Edwards, now wife of John Leach; dated 23 : 2 : 1672; signed by Wm. Hathorne, || assistant; and served by Wm. Sargent of Gloster, deputy for Henry Skerry, marshal of Salem.
On 30 : 2 : 1672, Hathorne found for plaintiff. Defendant appealed and gave bond, with Rice Edwards and Tho. White sureties.
Tho. Judkins of Gloster testified that being occasionally at Mr. Emerson's house at Gloster when Mary Edwards was there, her master Emerson then reckoned with her, and she owned the debt and engaged to pay 30s. in a short time to the merchants of Ipswich upon her mistress' account. Sworn, Apr. 29, 1672, before Samuell Symonds.
|| Autograph.
50
SALEM QUARTERLY COURT
[June
Richard Gooding deposed the same. Sworn, Apr. 29, 1672. before Samuell Symonds.
James Davis, aged about thirty-five years, deposed that when Mary Edwards went away from Mr. Emerson's, she owed for a tammy coat and promised faithfully to come and serve it out. Sworn, 30 : 2 : 1672, before Wm. Hathorne,* assistant.
Bill of cost, 1li. 5s. 6d.
Letter of attorney, dated Apr. 29, 1672, given by John Emer- son of Glocester to William Sargant of Glocester, to recover 30s. for some English goods had of him by Mary Edwards, now wife of John Leach, four years ago. Wit: Henry Walker and William (his mark) Haskell, sr. Acknowledged, Apr. 29, 1672, before Samuel Simonds.
John Leach's* reasons of appeal, dated 20 : 1 : 1672, and received, 29 : 4 : 1672, by Wm. Hathorne,* assistant: that he never had any dealing with Mr. Emerson whereby he could be indebted to him; that if Mary Edwards contracted this debt before marriage, she was in her father Ryse Edwardses custody, to whom Mr. Emerson came with much importunity to get Mary to dwell with him one year, and he consented on condition that said Emerson should pay as much as she could get for her service in any other place; that they asked her to stay longer, and when her father heard it, he, having engaged her elsewhere, went for her and demanded a reckoning of her master, saying if there was anything due to said Emerson, he would satisfy him, but Emerson would come to no account and Edwards took her away; "we humbly conceiue that if A mans wife liueing with her husband taketh up goods and promiseth pay afterward she obtaining a bill of divorc and she becometh another mans wife her Later hus- band would think himself hardly delt by if he should be forced to pay the debt especially if her former husband ware Liuing for whos use they were taken: but thanks be to god your humble Apelants wifes father yet lieueth whos dewty and care to cloath his children Liueth also," etc.
Mr. Emerson's bill of cost, 8s.
Answer to John Leach's reasons of appeal, made by William Sargeant,f attorney: that said Leach pleaded that the debt belonged to the father of his wife and as for Mary being under the guidance of her father and not capable of making contracts, they answer that nothing had been proved that her father ever objected to the contract with Mr. Emerson or others with whom she had contracted before, she being at the time about twenty- one years of age and coming to his service without necessary apparel; "that whereas it is aleged in the last reason that wheras Mr Emerson did alow the sd Mary Edwardes for wages five poundes p annum the Father would willingly now demand seven powndes and p the same rule had she agreed for seven powndes he might
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