USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 6
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* Autograph.
51
RECORDS AND FILES
1672]
John Godfrey v. George Corles. Forfeiture of a bond of 60li. in wheat. Verdict for plaintiff. Bond moderated to 45li. to be paid in wheat at 5s. per bushel .*
Jon. Godfery v. Daniell Ela. For being instrumental in prose- cuting plaintiff in the name of Mathias Butten. Withdrawn.t
Peeter Duncan had his license renewed for stilling strong- water.
have demanded nine: but her being of full age and the Fathers never contradicting or interposeing with the more than ordinary wages of a mayde Servant being 5li p yeare doeth abundantly answer to which may be aded her great weaknes and distempers in the tyme of her servisc: and for the debt sued for: it hath bene Legally proved & her promise of payment by a few weeks before her mariag: and to conclude the strength of the plt. rea- sones seeme to insist on the mistake of the party sued which should have bene the Father & not the husband the which at the best being granted, signifies but a non sute, the which is now too late to pleade."
* Bond, dated Feb. 17, 1664, given by George Corlist of Haverill to John Godfry of Ipswich, 15li. 18s. and 70 bushels of wheat at 5s. per bushel, to be delivered at Carlton's landing place in Haverill. Wit: Anthony Somerby§ and Peter (his mark) Godfry, who made oath, June 17, 1672, before Daniel Denison. §
John Godfry's bill of cost, 43s.
Writ, dated Apr. 10, 1671, signed by Anthony Somerby,§ for the court, and served by Steven Webster,§ constable of Hav- erel, by attachment of the dwelling house and land of defendant.
+Writ: John Godfery v. Daniell Ela; for being instrumental in prosecuting him unjustly in the name of Matthias Butten, and executing the judgment of court as the marshal's deputy, in his own case with rigor and cruelty, abusing the person of said Godfery; dated Mar. 22, 1671-72; signed by Hilliard Veren,§ for the court; and served by Steven Webster,§ constable of Haverel, by attachment of the dwelling house and land of defendant.
Copy of depositions taken from the Salem court files of June, 1669, made by Hilliard Veren,§ cleric.
Daniel Ela's bill of cost, 1li. 3s. 10d.
Thomas Linforth deposed that some time the past spring Daniell Ela brought him all the bonds that Godfrey had of his and said that deponent must pay all that was due, which was 20li., half of which he paid Ela in a pair of oxen. Sworn, Nov. 22, 1669, before Nathll. Saltonstall,§ commissioner.
# Autograph and seal.
§ Autograph.
52
SALEM QUARTERLY COURT
[June
Joseph Armitage, in behalf of the church v. Hen. Roads and Mr. Thomas Cobbitt. Defamation. Withdrawn .*
Mr. Jno. Higgenson v. Richard Lea. Forfeiture of a bond. Withdrawn.t
Nathanll. Putnam, informing the court that there were 60li. in his and Joseph Huchesson's hands of the estate of Jon. Lam- bert, deceased, and there being 120li. legacy to be paid to the daughter Abigail, court ordered that it be secured in their hands for the payment of this legacy as far as it would go. Anthony Ashby was ordered to appear at the next Ipswich court to give security.
John Smith and Elizabeth, wife of Zachariah Goodell, being bound over to this court to answer to several abusive and un- civil carriages between them, with which said Elizabeth charged said Smith, the latter desired to be tried by a jury, who found him guilty. Court ordered him to be whipped on the next lec- ture day in Salem and to remain in prison until the sentence be executed unless he pay 40s. Upon supplication of Anthony Needham and Giles Coree, who engaged to pay the fine and goal charges within two months, his sentence of being whipped was remitted.
*Writ: Joseph Armitage, in behalf of the church v. Henery Roads and Mr. Thomas Cobitt; defamation, for casting him out of the church because Capt. Bridges would have it so; dated May 2, 1672; signed by John Fuller,§ for the court; and served by Samuell Hartt,§ constable of Lin, by attachment of the house of Henery Roads.
+Writ: John Higginson, jr. v. Richard Lea; forfeiture of a bond; dated 18 :4 : 1672; signed by Hilliard Veren,§ for the court; and served by Henry Skerry,§ marshal of Salem, by attachment of the house and land of defendant, summons being left with his wife.
į Summons to constable John Suthwick of Salem, for the apprehension of John Smith, and Elizabeth, wife of Zachery Goodell, and to bring them to Mr. John Gardner's, dated 11 : 4 : 1672, and signed by Wm. Hathorne, § assistant.
Summons also for witnesses, Gould and his wife, Tho. Flynt's wife, Coree's wife, Carrill's wife, Anne Needham and Kelam's wife, dated 15 : 4 : 1672, and signed by Wm. Hathorne,§ assistant.
Copies of the papers in the action before Wm. Hathorne, made by Hilliard Veren,§ cleric:
§ Autograph.
53
RECORDS AND FILES
1672]
Lot Killum and Zacheriah Goodell deposed that John Smith, being at said Goodell's house, the latter's wife being present, said that he was sorry for what he had done to Goodell's wife and prayed God to give him repentance, hoping he should do so no more. Zacheriah replied that he wished God would give him repentance.
Edward Beachum and Zachariah Goodell were bound for the latter's wife Elizabeth's appearance.
Thomas Flint, Giles Goree, John Rubton and John Smith were bound for Smith's appearance.
John Tomkins, sr., John Small and his wife, John Foster and his wife, John Pease, George Jacobs and his wife, Eliz. Symonds, sr., James Symonds and his wife and John Tompkins, jr., certi- fied that they "being nere neighbores vnto Elizabeth Goodel, the daughter of Edw. Beachom and having had acquaintance with her from her childhood to her marriage Do testify yt ac- cording to our best observation and judgment shee hath been of an honist civill conversation & one yt would not wrong the truth in her speches."
Mary Corey, aged about forty-three years, and Mary Carrill, aged about thirty-five years, testified that Elizabeth Goodell told them that one time as John Smith, her brother-in-law, was working in a swamp near her house, he called to her for fire, so she carried it to him and laid it on the side of the brook, he being on the other side. He asked her to tarry and smoke, and she told him she had already smoked, so she ran away up the hill and he ran after her, etc. Also at another time he assaulted her when he fetched her from her house to help his wife when she lay in, so that she jumped from the horse on which they rode. Also when he was at Lott Keellam's digging a well, and once on a Lord's day while her husband was at meeting, etc. She said he was an ugly rogue and threatened to tell her husband, and that he had been uncivil to her ever since her son Zachery was a little boy, but she feared that if she told her husband, said Smith would kill her or her children or hurt her creatures. She told deponents that these things were true and that she would swear to them before the best magistrate in New England.
Hannah Flint, aged about twenty-two years, deposed that she was at John Smith's house at the time of his wife's lying in, and Elizabeth, wife of Zachary Goodell was there also, etc. De- ponent heard said Elizabeth tell of lascivious language used by both herself and Smith, and also heard Patience, wife of Isacke Goodell, affirm to her sister's face, etc.
Patience Goodell and Hanah Kellum testified that the foolish words that their sister Elizabeth Goodell spoke to them about Smith were said in a jesting way.
Zachary Goodel declared to the court on his wife's behalf that
54
SALEM QUARTERLY COURT
[June
"he hath not found his wives affections in ye least alienated from him, but she doth love and respect him as well if not better since these things between John Smith & her have bin reported, from ye time of ye first thereof unto this time as ever she did before."
Geyles Corey, aged about fifty-five years, deposed that Eliza- beth, wife of Zackary Goodell, related to him that on a morning after she and his wife had been at the house of Nathaniel Car- rell, coming into deponent's house, John Smith being there, said Elizabeth had been affronted by said Smith. Deponent asked her where he and his wife and daughters were. Her answer was that she was in the house and went up the ladder into the chamber and that his wife was near some bushes at the door taking in linen. He said if there had been anything amiss, she should have told him then, but when he came down he saw noth- ing but laughing and smoking. Elizabeth said that she was like to have broken her brother Smith's head with the ladle and his wife said if she had, there would have been but six pence or a groat to pay. Later Elizabeth told deponent that she knew he was in the house, etc.
Lott Killum deposed that his wife being lame from a fall that she received upon a rock, John Smith offered her abuse, and she told him of it at night. Whereupon deponent dealt with said Smith privately about it.
An Needham deposed that she and her husband were in Eliza- beth Goodell's house, with the wife of Thomas Flint, when de- ponent's husband told said Elizabeth that she was foolish to have reported such stories, and she said that they would not have gotten out if she could have helped it. Also that deponent heard Nethanel Carall say that Elizabeth had said several times in his house this winter that she wished that the old folks were gone, etc. Also that the wife of Robbert Goodell told Hanna Flinte that in the winter time she told her old man that Smith and Betty were together very much.
John Harrod and his wife testified to the same.
The answer of Elizabeth, wife of Zach. Goodell: that the stories had been grossly exaggerated; that she had told what had hap- pened to her husband and her sister Hannah Killum in private, but it had "come to the mouths of such talkers as have pverted the truth and made the matter appere far worse then euer it was to my great Scandall and reproach. Mary Gory & Mary Carril hearing of it came to enquire of me how it was, and I foolishly told my ptended friends what before I had told my Sister Killum;" that the reason she did not complain to authori- ty was because she was afraid Smith would do her harm, as she was often alone with her children and remote from neighbors; that if she had complained and he had been punished, "what a
55
RECORDS AND FILES
1672]
Daniell Butler, for fornication with Eliza. Stanly, was sen- tenced to be whipped at Ipswich "on this day wilbe afortnight," or pay 20 nobles and be committed to the prison at Ipswich until the fine be paid. He was ordered to give security to the town of Ipswich for the charges of the woman and child .*
Mr. John Higgenson, Mr. Joseph Gardner, Mr. Haskett, Mr. Lattamore, Good. Edmonds, Mr. Maverick, Mr. Ward, Mr. Jon. Hathorne, Mr. Jon. Gedney, Mr. Wmn. Brown, jr. and Mr. John Corwin had their licenses renewed.
sad life should I have had with my Husbands relations, Again I hoped he would reforme & being a relation I though a privet healing might make it up, and I was some advised when it was known, not to complaine against him because it would as they thought ruin his family, he being desperate some times, I was resolved to complaine against him as Mary Gory & Mary Carril do witness I told John Smith I would & to that end did go downe the towne to acquaint Majr Hathorne with it but was discour- aged by others and being foolish & not acquainted with the Law did forbear untill the Major was to go to the Gener' Court and when he came home againe I pceiued that it was so spread abrode through indiscretion." etc .; that she was heartily sorry for her foolish words and "I desire to be humbled that I should any way be an occasion of filling the mouths of any with pfane and sinful words to ye Dishonor of the Great God and the scandal of the Gospell. ... And I desire it may be warning to mee & to us all never more to jest or speake foolishly vainly or slitely of such matters as should be cloathed with gravity & modesty, and I do acknowledge tis a dishonor to ye Sect of women ... but this I can truly say ... I love my husband as dearly as ever I did and no man else with such a love and I thinke he will say that he neuer saw cause from mee to thinke the contrary ... I desire that the truth should not be wronged nor yet that John Smith should suffer more then he hath deserved ... I thinke my neigh- bours amongst whome I have lived in the north field can testifie that they never saw any uncivill cariage by mee from my Child- hood untill I was married. The language John Smith used to me and the Actions were such as most tend to ye way of his call- ing in dealing wth Cattel and not so like unlawfull dalliances tending to uncleanness."
* William Goodue, jr.,; Phillip (his mark) Fouler, jr., and Daniel (his mark) Butler of Ipswich, husbandmen, were bound May 20, 1672, to the prison keeper Theophilus Wilson, for said Butler's appearance. Wit: Josiah Clarket and Samuel Wilson. t
Autograph.
56
SALEM QUARTERLY COURT
[June
Richard Norman and Benjamin Parmiter had their former licenses renewed and Jno. Petherick had license granted to sell strong waters to his own company of fishermen for the ensuing year.
The wife of John Trask of Beverly, for fornication before marriage, was fined, Capt. Walter Price engaging to pay it. Said Trask was ordered to appear at the next Salem court.
George Peale and his wife, for fornication before marriage were ordered to be severely whipped on the next lecture day in Salem, unless they paid 50s. each. Four pounds being tendered for them, court accepted it.
Elizabeth, wife of Edward Berry, owned in court that she allowed her husband's will, particularly in the matter of the land in controversy.
Mathew Price made oath to the truth of his book and of the account of Anthony Ashby.
Mosses Ebborne and Sara, his wife, for fornication before marriage, were sentenced to be whipped on the next lecture day in Salem or pay a fine.
Martha Jewell, relict of William Jewell, renounced her inten- tion to administer upon her husband's estate, and it was left with Capt. George Corwin, who was ordered to bring in an inventory to the next court.
John Stacy dying intestate, Elnor, the relict, was appointed administratrix and brought in an inventory which was allowed. She was ordered to pay to John, the eldest son, 10li., and to Mark, Grace and Edward, 5li. at age or marriage. If she mar- ried again her husband was to give security and the children were to be allowed as much again .*
*Inventory of the estate of John Stasie, deceased, taken Feb. 28, 1671, by Moses Mavericke, ; John Deverixt and Samll. Ward: Hous and Land, 100li .; 1 Cow, 4li .; 6 swien, 3li .; fether bed, Rugg, 2 blankets, 1 paire of shetts, 2 pillows and pillowbes, bowlster, 5li .; 1 trundlbed with furniture, 3li .; 1 bed and furni- ter in the Chamber, 4li. 10s .; flax and Cotton, 1li. 10s .; 1 pew- ter platter, with some other pewter, 12s .; 1 bras kitl, 40s., 1 Letl bras kitl, 5s .; 2 Iron potts and hangers, Ili. 10s .; 1 frieng pan Chafing dish and a spitt, 5s .; 1 paier of bellis, 1s. 6d .; 4 old barells, 4s .; wooden and Earthen ware, 1li. 10s .; 2 sives, 3s., lantorn, 2s .; 1 mustkitt and sword, 1li. 10s .; 1 fowlling peas, + Autograph.
57
RECORDS AND FILES
1672]
Jacob Barney, sr., aged about seventy-one years, deposed that "Mr. Phillip Cromwell haueing declared to Capt George Cor- win his former wife, his desire of a marriage betweene his son John & my daughter Hannah, I beeing told of it by m's Corwin, tooke occasion to goe to m' phillip Cromwell's house to speake with him, he & his wife tooke me into a Iner roome, wheare he & his wife, did declare to me both theire willingnes to haue it soe soe wee began to speake about the waye for theire com- fortable liueing, Mr Cromwell haueing taken a cold in his head, his hearing was then very bad, soe m's Cromwell began to speake to me, I turned to m' Cromwell exspecting to haue theire minds from him, he pceiuing it said that what soeuer his wife doth Ingage, he would make it good, soe amongst other things, shee spake as followeth, vidz: that if they did marry, they should liue with them, if they would & take theire diett with them. If they did not like to liue with ym they should liue in one end of their house & ymselues at the other end of it, yf they did not like to liue soe, they should goe into the other house that was stand- ing betweene theire house & Thomas Crumwells house & said m's Cromwell, that is John Cromwells house, & theire I will furnish for them two rooms, withall necessaries soe as for theire ordinarye occasions they shall not need to borrow any thing." Sworn, 18 : 2 : 1672, before Wm. Hathorne, assistant, and also in court at Salem.
The will* and inventoryt of Thomas Caly were allowed.
lli. 5s .; 1 wolling whell and Cords, 5s .; tining, 10s .; old Chests, 15s .; 1 Shovell, 4s .; betl, 3 wedges and axes, 10s .; fier shovell, tongs and gridiron, 2s .; 1 Coat and briches, lli .; a parsell of old Cloths, 1li. 10s .; 2 shirts, 10s .; 3 paier of drawers, 5s .; 1 hatt, 5s .; 1 paier of shoes, 5s .; 3 paier of stokins, 7s .; money, 7li. 17s. 6d .; total, 144li. 9s. Debts owing, 10li.
*Will of Thomas (his mark) Caulie, without date, allowed upon oath of Mary, the relict: "I will that my depts be onestlie paied out of my estatt and for what thear is Left I giue to my wiff during horr liff as alsoe on third port of my hous and Land after my children doe Com toe agge the wholl of my hous and Land to remaien in my wiffs hand untill thay shall Com toe age and after hor deses I will that what thear shall remaien of this my estat shall return toe my Children toe bee equally devided betwixt them.
"I will that my Eldest son benieman shall have a dubl por- tion of my hous and Land after my wiffs thirds is taken out and
See foot-note on following page (58), marked t.
58
SALEM QUARTERLY COURT
[June
Whereas Sara, relict of John Marsh, deceased, and adminis- tratrix of his estate, having been married recently to one Nicholas Chatwell, and the estate of said Marsh having been ordered by the court, the children of deceased having a considerable part allowed them, court would not allow the security tendered by said Chatwell, but ordered that he be required to furnish 150li. as security, together with some other sufficient person, to the
the rest toe be devided betwixt my other twoe sons: my thre sons paieing toe my daughter when thay Reseive thar portions the sum of twentie pounds to be paied by my sons equally when they shall be of age.
"I will that that parsill of Land which I gave to Fransis Gater as it is now staked [th]at he and his heirs for ever may peasably Inioy without any molestation from me or any of my heirs exexo- tors administrators or asighns whearas I gave to my father palmi- ter a porsell of Land wher now his dwelling hous stands I desire that he may peacably and quiettly inioy it during his liffe and after his deses he is to Resine up to my son benieman Cawlie on third port of the saied hous and Land and to give him the refusall of the other twoe thirds paieng for it as an other will he is to have it it is my desir that Sam" Word and my father Benieman Parmiter should be overseers to se this will performed and in case ether of them should die befor it be acomplished that then my wiff shall Chos on mor to Joyn with him that lives to se the same performed." Wit: Samll. Word* and Beniamen Parmiter .*
¡Inventory of the estate of Thomas Caulie, taken Apr. 27, 1672, by Samll. Ward,* Richard Norman* and James Dennes :* One bed, 3 blankits, 1 rugg, 3li .; 1 bed, 1li. 5s .; 3 Iron potts, 1 Iron Skillitt, 1li. 10s .; tongs, potthooks and Crooks, 10s .; 1 frieng pan, 3s .; 1 bras skillitt, 3s .; 3 platters, 6 poringers, 1 pewter platter, Ili .; 6 Earthen dishes, 2s .; 1 pewter chamber pott, 2s. 6dl .; 1 Smothing Iron, 2 heaters, 4s .; Earthen ware, 1s .; 1 old Chest and box, 3s .; his wearing Cloths, Ili .; 1 hatt, 4s .; 2 Musketts, 1li. 15s .; 2 whells, 8s .; 1 tow Conn, 6s .; 2 buck- itts, 1s .; 2 Cows, 8li .; 1 heifer, 3li .; five swien, 3li .; 2 horsis, 9li .; 1 hous and Land Joyning to it, 70li .; 1 old Cort and sleed, 1li .; 1 ten acer lot, 30li .; to the reversal of an acre of Land after ye Death of my wife's father, 5li .; total, 139li. 17s. 6d. Mary, the relict, made oath in court.
Thomas Cauly, debtor to Wm. Browne, jr., 5li. 3s. 5d .; to Wm. Browne, sr., 4li. 9d .; to Hilliard Veren, sr., 2li. 4s. 8d .; to Jolin Waldron, 1li. 10s .; to Daniel Weld, 18s. 3d .; to Ambros Galle, 2li. 5s. These debts were to be paid by selling as much land as the Court ordered.
* Autograph.
59
RECORDS AND FILES
1672]
acceptance of the Worshipful Major Hathorne, Mr. Hen. Bar- tholmew and Nathaniell Felton, besides the house and ground.
John How was granted a license to draw and sell penny beer and cakes.
The highway that was laid out formerly by Mr. Jewett and Leift. Pebody between Topsfeild and Salem was allowed as a country highway.
Mr. Joseph Gardner took the oath of a freeman.
Theophilus Baily had his former license renewed.
Upon the presentments of Mr. John Hathorne and Robert Potter, for breach of the peace, both were fined and ordered to pay witnesses .*
*John Hathorne's bill of cost against Rob. Potter, 19s., and against Nicolas Potter, 9s. 6d.
Thomas Looke testified that having occasion to make use of Robert Potter to axle-tree him a cart when he fetched it away, deponent asked said Potter to go with him to Mr. John Hath- orn's to drink, but they could get none. There was Danell Sallmon who had been drinking and there were several Indians in the house. "Robart Potter spake onto Mistris hathorne and saide I wonder why you will suffer danell sallmon to be heare and to be in this Condishon when you haue warninge to the Con- trarey and suffer these Indions in youer howse in the night and in the daye for now is so meney dronke a dayes up andowne that I am afraide thaye will doe som mischife for I doe not knowe wheare thaye geatt thare drinke if thaye haue it not heare In the Introm of time John hathorne Came in Robart Potter spake soch like words to him John hathorne saide what doe you Com to quarill the other night you Came into my house. It repents me that I did not seatt you headlonge ought of doores and Rob- art Potter saide I Com not to quarill I had bisnes heare and John hathorne Came violently open Robart Potter and Thrust him backward and strooke him Two bloes with his fist and Then boath went ought of doares."
Robart Potter testified to the truth of the foregoing. Sworn, June 18, 1672, before Daniel Denison.t
Thomas Newhall, jr., aged about eighteen years, deposed that he and his uncle Robart Potter took several of Mr. John Hath- arnes shoats in their corn, and helping take them to the pound, they ran to Hathorne's house, where said Hathorne, his wife and children tried to prevent them from driving the shoats along, saying that they should not be impounded. Then Hathorne took up a piece of a pine board or a barrel staff and struck Pot- ter, whereupon they struggled, Hathorne's children and wife
* Autograph.
60
SALEM QUARTERLY COURT
[June
John Hathorne, complained of for selling strong waters to the Indians, was fined and disenabled for time to come to keep an ordinary, one-third part of the fine to be allowed the informers, if demanded by them .*
pulling Potter by the hair of his head, so that a great deal of his hair was pulled off and his face scratched. Deponent unloosed Mistriss Hathorne's hands from his uncle's hair and then ran after the shoats into John Gillos' orchard, where they caught one and Hathorne and his son Jonathan Shoare forcibly took it from them. All this happened last Indian harvest. Sworn, June 18, 1672, before Daniel Denison.t
Ruth Potter testified that during the "combustion" between Hathorne and her husband Robert Potter, Hathorne struck her twice with a board, and one blow struck her down and the other hit her wrist, causing it to swell and be very painful. Sworn in court.
Thomas Newhall, Robort Potter and Henery Stasi testified that they heard that Hathorne said last Christmas day at night Joseph Collins had drunk seventeen quarts of rum in his house and many there were disguised with drink. Also that Joseph Collins' wife was so drunk that she had to be carried to bed and the reason why it was "smothered up" was because Mrs. Laton had a daughter among them. Sworn in court.
Danell Sallmon, aged about sixty-one years, deposed.
Thomas Bealle testified that he witnessed the fight and saw one of Hathorne's children striking Potter with something like a clapboard and Ebenezor Hathorne striking him with a knocker, which was used to split clapboards with, and he also saw Thomas Newhall, jr., etc. Sworn, June 18, 1672, before Daniel Denison. t
Robart Potter and John Burall testified that they were ap- pointed by the selectmen of Lyn to warn John Hathorne not to entertain Danell Sallmon in his house, according to the law against common tipplers, which the selectmen considered him to be, and they gave the warning over a year ago.
Thomas Newhall and John Burall testified that they heard Mr. Leighton, in the name of and in the presence of the select- men, give Danell Sallmon warning not to frequent John Hath- orne's house. Sworn in court.
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