USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 9
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Quartermaster Jo. Perkings v. Usuall Wardell. Trespass. Withdrawn.
Capt. Paul White v. Robert Joanes. Debt. Verdict for plaintiff.t
*Writ of replevin, dated Sept. 16, 1672, signed by Robert Lord,¿ for the court, and served by Robert Lord,¿ marshal of Ipswich.
Daniell Davison's bill of cost, 1li. 13s. 10d.
Corporall Whipple and Richard Walker deposed that being chosen by Daniel Davison to view a piece of fence of Samuel Lumases, they found it insufficient, being not two feet high. Sworn in court.
Isak Swaine, aged about forty-six years, deposed that about the time the damage was done in Lumos' corn, his master sent him on an errand to Lumos, who asked deponent if he had seen cattle in his corn. Deponent told him that there had been a bullock, which went in through the fence, and if he would mend his fence next Monday, his master would lend him his oxen. He replied that if his corn were all lost, he could not come then because "my hay Lyeth upon the stroy." Sworn in court.
Robert Colburne, aged about sixty-five years, deposed. Sworn in court.
John Deane, Richard Walker and Wiliam Knoulton deposed. Sworn in court.
+Writ, dated Sept. 18, 1672, signed by Anthony Somerby,} for the court, and served by Robert Lord,¿ marshal of Ipswich.
Capt. White's bill of cost, lli. 4s. 2d.
# Autograph.
80
IPSWICH QUARTERLY COURT
[Sept.
Evan Morice v. Ens. John Gould. Battery. Withdrawn.
Tho. Longhorne and Abraham Haseltine v. Mr. Anthony Crosbie. Verdict for defendant. *
Mr. Antony Crosbie v. John Tod. Review of a case tried at Ipswich, Sept. 25, 1666, for forfeiture of a bond of 300li. Verdict
Letter of attorney, dated Sept. 24, 1672, given by Paul (his mark) White; of Newbury, merchant, to Wm. Chandler of New- bury. Wit: Thomas Woodbridge and Ann Price.}
Copy of the account between Robt. Jones and Paul White, dated Oct. 25, 1669, by which Jones agreed to pay White, 6li. 3s. 1d. in boards and plank. Wit: Wm. Chandler and Richard Currier. On Feb. 4, 1670, received of Wm. Hackett in part pay, lli. 2s. 9d.
* Writ: Thomas Longhorn, executor of the will of Richard Longhorn, and Abraham Hesseltine, who married the executrix to the said will v. Anthony Crosbe; for not giving sufficient title to lands delivered to said Richard Longhorne as security for a debt of 11li., and alienating said land to other persons; dated Sept. 19, 1672; signed by Tho. Leaver,} for the court; and served by Jeremiah Elsworth,¿ constable of Rowley.
Copy of deed, dated Feb. 14, 1665, Anthony Crosbie of Row- ley, conveyed to Jonathan Platts and John Acie, both of Rowley, for 350li., "my now dwelling house," with land adjoining, former- ly belonging to Mr. Henry Sands, and another lot adjoining Mr. Edward Carlton's; also seven acres of pasture near Satch- well's bridge, formerly belonging to Capt. Brigham; also six acres of meadow, two belonging to John Haseltine, and one formerly belonging to Thomas Leaver, which three acres join the ox pasture at the hither end, bounded by the mill river at one side and one end, and on the other side by marsh formerly belonging to Goodman Trumble; the other three acres formerly belonging to Mr. Sands, lying in the tract commonly called Mr. Dumer's farm, joining upon the marsh formerly belonging to Elder Reyner; together with all other lands within five miles of the town of Rowley. Wit: Henry Rylye and Abraham Ju- wit. Acknowledged and recorded Oct. 6, 1666, before Samuell Symonds. Copy made, Sept. 23, 1672, by Robert Lord,¿ recorder.
Bond, dated Nov. 20, 1661, Anthony Crosbie§ of Rowley to Richard Longhorne of Rowley, for 11li. to be paid this Novem- ber, but if not paid, said Longhorne was to have an acre and three quarters of plowing land lying within the field, and adjoining land of John Johnson, now in Longhorne's possession, together with 5s. for the yearly rate, the whole for the year being 15s. Wit: Anthony Austin and Elizabeth (her mark) Longhorn.
+ Seal. # Autograph. § Autograph and seal.
81
RECORDS AND FILES
1672]
for defendant. Plaintiff craved the moderation of the bond. Court ordered that if said Crosbie conveyed his land in Rowley called the Articles land and procured a release from John Acie and Jonathan Platts to said Tod, also of his wife, Mrs. Prudence Crosbie's dower, the bond should be moderated to 200li. If his wife's release could not be obtained, it was to be moderated to 240li. And since Tod had obtained a judgment and execution for 300li., court ordered that when said Crosbie should perform the foregoing, Tod should return to said Crosbie in good pay either 100li. or 60li. according as Mr. Crosbie should fulfill and perform the abovesaid premises .*
*Writ, dated Sept. 19, 1672, signed by Robert Lord,; for the court, and served by Jeremiah Elsworth, f constable of Rowley. Copy of papers in this action brought in Ipswich court, Mar. 27, 1666 and Sept. 25, 1666, made by Robert Lord,t cleric. John Tod's bill of cost, 13s. 6d.
Letter, dated Aug. 30, 1672, from Anthony Crosbiet to John Tod:
"Marchant Tod I do herebie put you in mind of what you promised Before Major Pike this summer which was you would refer the diffrence betwixt us to indifferent men. if you intend any such thinge I am as I was then and longe before not only willinge but uery Desirus to refer all greuances and differences to any honest understanding men: and further to shew how un- willing I am of any further proceding in law; I will leaue it to you to chuse two or foure able understanding men of good report to end all differences betwixt us: I cannot offer moore faire then I now do and haue dun this foure years and moore: I accept against no man nor men in New England, so they be able and honest: But John Pickard and what they shall determine and award I will stand to: for assurance hereof. I will bringe two men of sufficient estate and credit to be bound with me in a thousand pound bond: you pretend Cristianitie but how it apeareth when no course will serve but Law I leaue it: if you will not accept what I now offer: pray Consider the dishoner we have brought to god. offence to his people, distraction to oure estates: distraction to ouer selues and families mispened of the countrys time & money which things well concidered with ouer owne mortalitie I think should moue and induce us both to take a care and course to leaue what we leaue to ouars after us to inioy without such Contention as we haue had for the effecting of which if we must go to law as I expect no other course will be taken by you. so longe as John Pickard is your Counselor and atturney pray let us go to law in a more Cristian manner by * Autograph.
82
IPSWICH QUARTERLY COURT
[Sept.
bringinge the naked truth to light instead of false glosses for- merlie used: ouer Casses are not so intricate but that they might haue bene understood and determined longe before this time if the honest pretenses had beene intended: as was pretended for youar faire flourish of what you haue offered so that you might have youar owne you desired no moore: I know you to well to trust you to be Judge what is youar owne right. you euer asked me one hundred pounds moore then youar due. yet I alwayes would have left it to indifferent men to be judged as you know I can prove all the offers of youars was when you had all my estate which was not made over in youar owne hands and whear do you thinke I should find moore for you. execution is suffi- cient title, what needed I giue giue any other: why did you not returne me the rest when you had youar just debt assured to you. but did take instead of one hundred fiuetie one pounds or thereabouts. the hundred which you detained to this day. concerning the fiuety eight pounds you receuied by way of ex- change of lands specified in the articles and proved by testimonie you promised by youar husbandrie. I aprised as much to you as the Court determined, but|| if you thinke|| because that verdict was not sufficient satisfaction for youar husbandrie I do heere now under my hand tender to make you full satisfaction for youar husbandrie such as you will haue it determined by men indiffer- ently chosen, you choosing one or moore as you please and I as many if they cannot agree let them choose an umpire who they shall se cause: for youar charges and cost which you haue not taken execution out for: put me not to unnessesarie charges but bringe me the copie of the bils of cost from under the clarkes hand & I will make honest payment without moore ado: if you meane honestly you cannot refuse this as resonable: except you Resolue to put me to all the unnessesary charges you can: to what I haue proposed and offered in this paper I will stand to prouided it be acceptable before further prosses."
Ezekiell Northend deposed that at the last meeting between Tod and Crosbie at Richard Longhorne's, Tod made three prop- ositions to Mr. Crosbie; first, to bring him a deed of the Merri- mack land from Kimball, second, to take Mr. Crosbie's bill and release the bargain of the twenty-nine acres at home, or to leave the whole business to Ezekiell Northen. Mr. Crosbie chose the second, etc. Sworn in court.
Henry Ryley and Jonathan Platts deposed that being desired by Mr. Crosbie after the Ipwich court of Mar., 1666, to witness a tender he made at Tod's house to cover the execution, Tod being absent, his wife refused to have anything to do with it. But Crosbie chose William Law and Henry Ryley to appraise the goods, which included cattle and a gun, who desired that the gun might be left in the house, but Tod's wife refused, and
83
RECORDS AND FILES
1672]
Ens. Thomas Howlet v. Peeter Jenkins. Debt. Verdict for plaintiff .*
John Comings v. Peeter Jenkins. Debt. Verdict for plain- tiff.t
they laid the gun upon the great oven and put the cattle and horses into the yard. Sworn in court.
Henry Riley deposed that Tod asked Ezekiel Northend to take the matter into his hand lest he lose what it had cost him for stubbing and other husbandry, etc. Sworn in court.
John Todd'sį plea against moderation of the bond of Mr. Crosbie: because he would accept the Merrimack land, as the court propounded; because he should have for the uncertainty of the title to the twenty-nine acres, 40li .; because Mr. Crosbie had threatened him when he was still going to the Ils of Shoals to collect and pay debts, authorizing men by fradulent deeds to carry the grass off the land, so that when he came with ten hands and three carts, he was struck and in danger "to be slaine;" because they were constantly plotting at the ordinary as is well known to many in Rowley, so that he had to secure the services of Good- man Pickard, which cost him 20li., and is "farr short of whatt he deserves for his seaven years help." He further pleads that if once Mr. Crosbie gets the bond moderated, he will begin to make new disturbances, and some in Rowley say this is but the beginning, for Crosbie has instruments in his hand that would ruin him, etc.
*Writ: Ens. Thomas Howlet v. Peter Ginken; debt; dated 25 : 4 : 1672; signed by John Redington,¿ for the court; and served by John Hovey,¿ constable of Topsfield, by attachment of the unburned bricks belonging to defendent, now lying at John Cumings' house.
Peter Jinkins, Dr., 1672, for 22 1-4 of pork, 7s. 5d .; cheese, 1s .; butter, 1s .; hay, 6s .; malt, 1s. 1-2d .; Indian corn, 5s. 4d. bacon, 12s. 9d .; Indian corn, 1li. 1s. 4d .; total, 2li. 17s. 11d. William Howlet, one day's work, 2s .; William and Isack, half a day, 2s .; William and Isack, one day, 4s .; carting of wood, one day, 5s .; the burning of the bricks, lli. 17s. 6d .; total, 2li. 10s. 6d. Proved by the oath of Jo. Comings and Rich. Bates.
+Writ, dated 29 : 4 : 1672, signed by John Redington,¿ for the court, and served by John Hovey,¿ constable of Topsfield.
Peter Jenkins, Dr., to 1 bushall 1-2 Indon Corne, 4s .; 3 days worke of Nathaniel, 1s. 6d. per day, 4s. 6d .; 4 dayes of Abraham, 1s. per day, 4s .; Abraham, 4 days, 4s .; myselfe 3 dayes worke, 6s .; John, 3 days work, 4s. 6d .; Thomas, 3 dayes work, 4s. 6d .; Nathaniel, 2 days, 3s .; 10 Load of wood, 10s .; 11 weaks diet of 2 men, at 4s. 6d., per weeke for a man, 2li. 4s. 6d .; total, 5li. 19s.
# Autograph.
-
84
IPSWICH QUARTERLY COURT
[Sept.
Richard Bates v. Peeter Jenkins. Debt. Withdrawn.
John Saffourd v. Ens. John Gould. Debt. Verdict for de- fendant. *
Ens. John Gould v. Benjamin Felton. For letting his pris- oner go. Verdict for defendant. t
Ens. John Gould v. Sergt. Thomas Fuller. Trespass. Verdict for defendant. #
Peter Jenkins, Cr., to 22 pound 1 quarter of porke at 4d. per pound, 7s. 5d .; cheese, 3s .; 2 pound butter, 12d .; bushall of Indon Corne at 2s. 8d., 1li. 1s. 4d .; 25 pound of bakon at 6d. per, 12s. 6d .; total, 2li. 5s. 3d.
Rich. Bates testified that his master Peter Jenkens lived at John Comings' and had his diet there. Sworn in court.
* Writ, dated 17 : 7 : 1672, signed by John Redington,§ for the court, and served by John Hovey,§ constable of Topsfield, by attachment of a new frame of a barn standing on the south side of defendant's yard within his fence.
James Hanscombe deposed that Jno. Saford several times desired to have credit upon Mr. Lenoard's book, but on 4 : 5: 1672, by order of deponent's master, Henry Leonard, he gave him credit. Sworn in court.
John Gould, Dr., to 6 C. of bar iron, 7li. 4s. Jno. Safford was at the works when the account was made.
Thomas Andrewes deposed that he heard John Saford tell Ensign John Goold that he did not look to Mr. Linerd for the iron and took no notice of him until he paid him. John Saferd said he did not discharge Ensign Goold until he had received the iron.
Edmond Bridgs deposed. Sworn in court.
t Writ: Ens. John Gould v. Benjamin Felton, keeper of Salem prison; for letting his prisoner go; dated 16 : 7 : 1672; signed by John Redington,§ for the court, and served by Henry Skerry,§ marshal of Salem, by attachment of house of defendant.
Edmond Bridges deposed that John Gould demanding his prisoner at Salem court last November could get answer only that he had broken prison and had run away. Also that the keeper of Salem prison had often been known to take prisoners out of the prison to help him about his own occasions, and some times men have run away in the meantime. Sworn in court.
į Writ: Ens. John Gould v. Sergt. Fuller; trespass; for felling trees upon his land; dated 16 : 7 : 1672; signed by John Reding- ton,§ for the court; and served by Henry Skerry,§ marshal of Salem. Bond of Thomas Fuller,§ Nathanell Putnam,§ surety.
Copy of the record of the General Court of May 23, 1666: Thomas Howlet and John Gage, having been appointed to lay § Autograph.
85
RECORDS AND FILES
1672]
Thomas Newman v. Nathaniell Tredwell. Slander. Withdrawn.
out and measure to Zacheus Gold the 300 acres of land granted to Capt. Patrick formerly, did so about a year since. One hundred and thirty acres of this tract was bounded on the north- west by the Andiver line, on the northeast by Rowly line, on the southeast by the land of Zacheus Gold, and on the other end by land of Major Generall Denison, said land lying in a circular form. There being no more land in that place to dis- pose of, they laid out 170 acres more in a free place to make up the complement, which was bounded by land of Hon. Richard Bellingham, Esq., on the north, land of Major Generall Denison on the east, on the south and west by the country land. The measurements were on the line next the Major's barn, 240 rods, the other line parallel, 160 rods, and each of the other two lines being 140 rods. Copy made by Edward Rawson,* secretary.
John Browne, aged thirty-eight years, deposed that the tract of land given to Nathaniel Wallker by the town of Redding, lately in the possession of Shuball Walker, was sold to Thomas Fuller, and that the land lay within Redding two mile grant. Sworn, Sept. 23, 1672, before Nicholas Browne,* William Cow- drey* and Jonathan Poole,* commissioners of Redding.
Hananiah Parker, aged thirty-four years, deposed the same. Jonathan Knight deposed. Sworn in court.
John Gage* deposed, at Merrimack, Sept. 28, 1672, that he and his brother Howlet laid out 170 acres at Wills hill to John Gold, he informing them it was country land.
Copy of the records of the General Court, dated May 23, 1666, made by Edw. Rawson,* recorder: whereas the court for- merly granted to Reading a tract of land two miles long, between their grant of four miles, and Mr. Bellingham's farm and the great river, and also ordered them to have it laid out, accordingly Elisha Hutchinson laid it out for Reading, as follows: Running from a pine tree A north by the compass 600 rods, joining to the town of Reading's land, to B to the top of a rocky hill and from B east 268 rods to an oak tree at C marked RB and joins to Andover land and from C south southeast 8 degrees 30 minutes east 576 rod, the lines joining upon the Governor's farm to a black oak tree at D marked RB and this land joins upon Mr. Bellingham's farm; the fourth line runs from DEBN 236 rods to a walnut tree at E and joins also upon Mr. Bellingham's farm; the fifth line from E southeast and by south 204 rods to a black oak in Salem line at F which line joins upon the farm of Thomas Fuller; the sixth line runs from F west southwest 2 degrees south 420 rods to a black oak at G, the which lines are Salem bounds; the seventh line from G west by North 7 degrees north 568 rods to a pine tree at A along the river side.
* Autograph.
86
IPSWICH QUARTERLY COURT
[Sept.
Mr. Robert Paine v. Richard Bartlet. Debt. Verdict for plaintiff .*
Selectmen of Rowley, in behalf of the town v. Mr. Phillip Nellson. Trespass. For claiming a parcel of salt marsh. Ver- dict for defendant.t
* Writ, dated Sept. 16, 1672, signed by Robert Lord,t for the court, and served by Robert Lord,¿ marshal of Ipswich, by attachment of house and land of defendant.
Bond, dated June 8, 1671, from Richard Bartlett of Nubrey to Robert Payne, sr., for 4li., to be paid in barley. Wit: John Payne.#
¡ Writ : Selectmen of Rowley, Left. Samuel Brocklbank, John Pickerd, Samuel Plats, Jonathan Plats, John Grant, in behalf of the town v. Mr. Philip Nellson of Rowley; for claiming a parcel of salt marsh and thatch banks at the end of his planting lot against which the said lot is butted, which is near Oyster Point, and for violently resisting and threatening such persons as the said selectmen employed to cut or carry away grass that grew upon the same, in which action the trial of the title is intended; dated Sept. 18, 1672; signed by Tho. Leaver,} for the court; and served by Jeremiah Elsworth,¿ constable of Rowley.
Letter of attorney, dated Sept. 24, 1672, from Philip Nellsong of Rowley to his loving brother, Nehemiah Jewett of Ipswich. Wit: Abraham Jewitt and Ann Jewett.#
Copy of a town order of Rowley, in 1648, taken from the town book by William Teney,¿ keeper of the book: "It is ordered and agreed that the prudentiall men during the time of there beeing; shall haue full power to order and Transact all the com- mon affaires of the town of Rowley as to make orders, Impose fines for the better managing the affaires of the aforesaid towne; provided that they do nothing contrary to the orders of the generall court provided alsoe that they dispose no land for inher- itance without the consent of the towne; provided also they lett no towne lands but for there present yeare."
Another copy of the foregoing, made by Samuell Brockle- banke.į
Copy of the record of a legal town meeting held in Rowley, Jan. 30, 1671, made by William Teney,¿ keeper of the book, that all orders to be legal must be read by the selectmen from year to year, and although they be written in the book they shall not be of force unless read.
Copy from the town book of land records, taken by Samuell Brocklebanke:{ "laid out To Sebastin Brigham fourteene acres of upland Lying next to the warehouse fence the one end buting
# Autograph.
§ Autograph and seal.
87
RECORDS AND FILES
1672]
Mr. John Higginson v. Richard Lee. Forfeiture of a bond. Withdrawn.
upon the path leading to Newbery, the other upon the salt marsh.
"To Thomas Barker fifteene acres of upland Lying upon the north side of sebastine Brighams buting upon the abouesaid places.
"To m' Thomas Nelson Twenty foure acres of upland Lying upon the North side of Thomas Barkers lot buting upon the abousaid places."
Samuell Platts, sr., deposed that he had gotten thatch there in this cove now in controversy at any time when he had occasion, either for thatch or to give to his cattle and mowed it as common with no one man claiming it more than another. Also that salt marsh grew there between the thatch and the upland in some places two rods, and some less. Sworn in court.
John Trumble deposed that the land in controversy had been accounted the town's common ever since he could remember, etc. Sworn in court.
John Pickard deposed that about seventeen years ago he bought part of the lot of Mr. Nelson in hopes of enjoying it "as my owne and looked upon the Law title Liberty commons but also seing the Record of mr Nelsons to butt against salt marsh I thought that I should not obtain by the said Law I therfore adresed my selfe to the towne and desired them they would let me haue the marsh and coue against the aforesaid land for land I wanted but the towne was not willing to part with it but apointed men to make up my want and they gaue me about twelue acres for that which I would willingly haue accepted of the said marsh and thach banke for," etc. Sworn in court.
William Boynton deposed. Sworn in court.
Leonard Harriman deposed that he had mowed grass on that land and carried it away by canoe loads and set it in cocks on the marsh. Sworn in court.
Danniell Wickam and John Dreser deposed that they being desired to go to Thomas Lambert and Mr. Nelson to see if they improved the thatch banks at Oyster point, they saw said Nelson carrying away creek thatch, and upon asking him upon what authority he did it, he said "what is that to you?" Jonathan Plats and Leonard Harriman told him that the town had given it to them, and Nelson said, "if any of you doe take any of it I will strike you with my Rake plats answered here is some polles let us carry away the thach m' Nelson said if any of you doe medle with it I will Run my forke Into you as far as the tines will let it goe. stand of my Land." Sworn in court.
Henry Royley deposed. Sworn in court.
88
IPSWICH QUARTERLY COURT
[Sept.
Thomas Bishop, assignee of Margret Bishop, executrix to Thomas Bishop v. Ens. John Gould. Debt. In wheat, malt or pork. Verdict for plaintiff .*
Thomas Bishop's executors v. Jonathan Thing. Debt. Ver- dict for defendant.t
John Leigh, assignee of Margret Bishop, executrix to Thomas Bishop v. Gabrill Grubb. Debt. Forfeiture of a bond. Court, finding that part had been paid, moderated the bond. "The species is fish."}
* Writ, dated Sept. 6, 1672, signed by Robert Lord,§ for the court, and served by Robert Lord,§ marshal of Ipswich.
Bond, dated Jan. 27, 1669, John Gould of Topsfeild to Thomas Bishop of Ipswich, for 23li., to be paid in neat cattle, wheat, corn or pork, with 6li. 10s. that he engaged for Edmun Bridges, jr. Wit: John Brownson and Mary Gilbert. On Sept. 6, 1672, Margret Bishop, executrix of Thomas Bishop, assigned this bond to her son Thomas. Wit: Samuell Bishop and Sarah Bishop. Court allowed this copy instead of the original, which was the plaintiff's book and now cancelled.
t Writ : Thomas Bishop's executors v. Jonathan Thing; debt, by assignment of Roger Edwards to plaintiff; dated Sept. 6, 1672; signed by Robert Lord,§ for the court; and served by Robert Lord,§ marshal of Ipswich.
Summons, dated Sept. 6, 1672, for Jonathan Thing's appear- ance, signed by Robert Lord,§ for the court.
Bond, dated Nov. 5, 1669, Roger (his mark) Edwards of Hamp- ton to Thomas Bishop of Ipswich, for 7,500 boards, to be de- livered at Exeter. Wit: Samuell Bishop§ and John Brounson.§
Samuell Bishop, aged about twenty-seven years, deposed that he saw Rogger Edwards assign this bill of Jonathan Thing's to deponent's father. Sworn in court.
Copy of bond, dated Apr. 20, 1669, Jonathan (his mark) Thing of Exitor to Roger Edwards of Hampton, for 8li. 10s. 4d., to be paid in pine boards or pipestaves, to be delivered in Exetor, which was to satisfy Mr. Richard Oliver for a judgment from Capt. Walter Barefoot, etc. Wit: Abraham Drake and Joseph Davis. "You may take my sons Resete & I will owne it your frend Alex- ander Jones." Roger Edwards, on Sept. 8, 1669, assigned this bond to Thomas Bishop. Copy made by Robert Lord,§ cleric.
¿ Writ, dated June 26, 1672, signed by Robert Lord,§ for the court, and served by Joseph Lee,§ deputy for Robert Lord§, marshal of Ipswich, by attachment of the house and land of defendant.
Bond, dated Dec. 29, 1666, Gabriell (his mark) Grubb and § Autograph.
89
RECORDS AND FILES
1672]
Ens. John Gould acknowledged judgment to Edmond Bridges of Ipswich, in bar iron.
Walter Taylour acknowledged judgment to Obadiah Bridges.
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