USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 13
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Anthony Somerby,* aged sixty-six years, deposed that Woodbridge said Gerrish had without question cheated the town of Newbury of many a pound, and that he doubted not that he had taken away the boards from Mr. Richardsun's house. Sworn in court.
Tristram Coffin, aged forty-four years, deposed that Wood- bridge called Capt. Gerrish a cheating knave and that he made a profession of religion to cover his knavery, whereupon de- ponent advised Woodbridge to be more moderate in his words, for Capt. Gerrish was a rational man and would do what was right. Also at said Woodbridge's house, the latter asked deponent why he told Gerrish he was drunk. Deponent said he did not tell him so but he did say that he believed "that he wass six and twenty." Woodbridge said that he was as well then as at this present time, and also that there were only five men in town who would not say that Gerrish had cheated them, to which deponent replied that he had traded with Capt. Gerrish for many score pounds and he had never cheated him. Daniell Lunt said the same. Woodbridge re- plied that Lunt, deponent and Rich. Doell were three of the five, that he would make Capt. Gerish's house a dung hill and would make Capt. Gerish "fly the town" or else he should make him fly the town, and within eight months he would make it appear what Capt. Gerish was, etc. Sworn in court.
*Autograph.
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1676]
covenant. Verdict for plaintiff. Damages to be paid in thirty acres according to the dimensions expressed .*
Mr. Wm. Cogswell v. John Cogswell, son and heir to John Cogswell, jr. Review. Nonsuited.
John Davis, assignee of John Dane and Alice his wife, administratrix of John Newman v. Richard Lee. Debt. Verdict for plaintiff. To be paid in merchantable corn.
Peeter Tappan v. Jonathan Haines. Forfeiture of a bond. Verdict for plaintiff. Appealed to the next Court of Assist- ants. Said Haines bound, with Richard Shatswell and Ed- ward Colcord as sureties. t
*Writ, dated 5 : 12 : 1675, signed by Hilliard Veren,# for the court, and served by Henery Skerry,# marshal of Salem. Bond of John Hascol, # with Mark Hascol,# as surety.
Will. Hammont and Robert Persst appraised, Mar. 28, 1676, a parcel of oars at 3d. per foot in money. Sworn, 28 : 1 : 1676, before Wm. Hathorne,# assistant.
Erasmus James' bill of cost, 2li. 3s.
Bond, dated Dec. 30, 1675, given by John Hascollt of Bev- erly to Erasmus James of Marblehead; for one black horse branded with an M on his left shoulder, said Haskall agreed to deliver thirty oars by Jan. 15, twelve of which were to be 26 feet long, twelve 24 feet long and six 22 feet long, all of which were to be made of good spruce, and delivered at the water side at Bass point near to Goodman Stagger's at Bass river ferry. Wit: Jonathan Gachallt and Edw. Humphreys.# Sworn, 25 : 1 : 1676, before Wm. Hathorne, # assistant.
Writ, dated Feb. 5, 1675, signed by Anthony Somerby, # for the court, and served by Joseph Pike, # constable of New- bury. Bond of Jonathan Haynest and Edward Colcord.}
Award of the arbitrators, William Titcombt and Daniell Peirc, jr., ¿ dated May 25, 1675, that Jonathan Hains pay to Petter Tappin 3li. 19s., and if not paid at the time prescribed, to pay 20 bushels of well dressed barley or barley malt. Sworn in court.
Agreement, dated Mar. 23, 1674-7, between Peter Toppin# and Johnna Haynes,¿ to leave their differences to Will. Titcomb and Danill Parse. Wit: Tristram Coffint and Deb- orah Coffin .¿ Sworn in court.
Tirza Titcomb, aged seventeen years, deposed that the Saturday night before Salem court in Nov., 1675, after sun- set, Mr. John Knight, sr., came to Peter Topin's house and #Autograph.
128
IPSWICH QUARTERLY COURT
[Mar.
Peeter Tappan v. Susana Tappan and Jacob Tappan, execu- tors of Abraham Tappan. Debt. Verdict for defendant.
Peeter Tappan v. Robert Joanes. Debt. Verdict for plaintiff .*
Peeter Tappan v. Robert Joanes. Debt. Verdict for plaintiff.t
asked leave to set some bags into the house and when Topin went from home he told his wife to receive them, but they saw neither Knight nor the bags. Sworn in court.
Petar Toppan's bill of cost, 2li. 9s. 6d.
John Knight, aged about fifty-one years, testified that Jona- than Haines of Newbery desired him to lend him twenty-three bushels of malt to pay Tappen, which he did, leaving it in sacks on the ground in Tappan's orchard, saying it was the award of the arbitration with eight per cent. interest. Tappan said he would not take it, but would take what the law gave him, and went into the house, shutting the door, etc. Sworn in court.
Hugh March,# aged about fifty five years, testified that he saw Jonathan Haines tender Peter Tappin at his house a lusty black horse worth 4li. and six or eight hats, etc. Sworn in court.
*Writ, dated Dec. 29, 1675, signed by Anthony Somerby,} for the court, and served by William Browne, # constable of Exeter. Bond of Robart (his mark) Jones of Executer and John Osgoodt of Salisbury.
Richard Currier, aged about fifty-nine years, and Henery Jackways, aged about fifty-six years, deposed that at Petter Tapin's house they heard him demand a debt of Roberd Jons, which the latter claimed he had paid by a bill of sale of a piece of land. Tapin said the sale was worthless as it was not acknowledged, but Jons said if he would deliver the bill of sale he would see if he could agree with Goodman Jackways or Mr. Thomas Woodbredg to pay it, etc. Sworn, Mar. 27. 1676, before Robt. Pike,į commissioner.
Bond, dated 23 : 2 : 1672, given by Robert (his mark) Jones of Amesbury, for boards to be delivered at Powwow river. Wit: Coffint and -rby.} -
Peter Toppan's bill of cost, 1li. 14s. 6d.
+Petar Toppan's bill of cost, 1li. 6s. 6d.
Robart Jones of Sallbery, Dr., Dec. 1675, beeffe, 2li. 5s .: barell of beeffe, 3li. 3s .; 10 bushels of seed oats, Ili. 10s .; 2 yards of holland, 12s .; 3 yards of holland, 13s. Goodman
#Autograph.
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1676]
Lift. Phillip Nellson v. Robert Savery, Wm. Bolton and John Woolcot. Verdict for plaintiff. Savery and Bolton were considered liable persons to pay the rent .*
Lift. Phillip Nellson v. John Woolcott and Tho. Thurla. Verdict for plaintiff. Damages done before 1667, Woolcott was to pay.t
Silver, Goodman Mosses, Obdyah Ayres, John Pore, Gorg Littel and Steven Swett mentioned.
William Fanin and Torsa Tickcomb testified concerning the debt between Toppan and Jones, etc. Sworn in court.
* Writ, dated Mar. 17, 1675-6, signed by Robert Lord,# for the court, and served by Ezekiell Northen,¿ deputy for Robert Lord,į marshal of Ipswich, who committed John Woolcot to Thomas Thurla to be carried to prison.
Mr. Nellson's bill of cost, Ili. 5s. 4d.
Lease, dated June 3, 1667, whereas John Burbankį, jr., of Rowley had taken half of the farm of Philip Nellson of Row- ley, lying near Merrimacke river next to Newbury line, which was let to said Burbanke by assignment of John Willcot of Newbury, Burbanke having suffered great damage for not finishing the house and barn as it should be finished and like- wise in falling short both of land and meadow of what was expected, Philip Nelsont was to let said Burbanke live the present year upon the farm, rent free, and to have the im- provement of the farm, and Burbanke was to acquit said Nell- son of all debts, paying for future time a yearly rental. Wit: Sammuell (his mark) Sticknee and Julian (her mark) Sticknee.
John Woollcot and Thomas Thorla testified concerning Mr. Nelson's buildings that the barn was well clapboarded on the two sides and two ends and the roof was single boarded and battened, well nailed with a good floor, with a pair of great doors well hung for a loaded cart to go in and a pair of little doors for an unloaded cart to go out. "when we came to the hous we did make the stairs and dores and we wrought upon itt till we could find nothing more to doe that we were to doe when we had soe don we asked Roberd Sauery who was then the tenant if he knew any thing more to be done and he could tell us of nothing more to be done nor found fault with any thing that was done onely a quarell or two of glas which was broaken which he would have had us to mend."
+Writ: Philip Nellson of Rowley v. John Woolcot and Thomas Thurley; for not finishing a house and barn according to covenants dated Oct. 16 and 23, 1667; dated Mar. 18,
#Autograph.
130
IPSWICH QUARTERLY COURT
[Mar.
1675-6; signed by Thomas Leaver,* for the court; and served by Ezekiel Northend,* deputy for Robert Lord,* marshal of Ipswich, by attachment of the house and orchard of Thomas Thurrell, also upon a gray horse, four or five swine, wheat, barley and a black cow and calf.
William Bolton and Robert Savory deposed that of the four lower windows in the house, two were to have three lights each and the other two, to have two lights each, and the other two windows at the ends of the house to have three lights each; also to find glass for all the windows and to nail up the glass; he was to make three doors to the house, one out door and two inward doors; also the roof of the barn was to be covered with pine boards well and close laid and well nailed, then to be covered with either slabs or battens on the joints and sides, and the ends to be covered with good sound clapboards well nailed; there were to be four doors to the barn, etc., and he was to find hooks and hinges for said doors and to hang the same, to lay a floor the whole breadth of the barn and all to be finished before July 16, 1663. Sworn, Mar. 26, 1667, in Ipswich court. Copy made by Robert Lord,* cleric.t
Copy of lease, dated June 18, 1662, by which Phillip Nellson of Rowly let to Robert Savery and William Bolton of Newbury a farm in Rowley of 300 acres, bounded on the east by New- bury line, on the west by land of Nicolas Walington, north on Merrimack river and south by Crane meadow; also 27 acres of meadow, part on the north side of Crane meadow river and part on the south side of Crane brook, also half of the meadow between Newbury line and the land now in possession of Mr. Richard Dumer, which land belongs at present to the brother and sister of Phillip Nelson; all of which they were to have for twenty years, from Sept. 29, 1662, and said Nell- son was to build a house thirty-four feet long, nine feet in stud and sixteen feet wide to be finished the last of May, 1663, and a barn fifty feet long and twenty feet wide to be finished before July 16, 1663; they were to pay no rent for the first three years, but for the three years after, they were to pay 15li. per year, and the last six years, 20li. per year; in case they think that 20li. per year too much, they had liberty to leave the farm at the expiration of fourteen years; the rents were to be paid yearly, 7li. in wheat and Indian corn not to exceed above fifty shillings a year in Indian corn, the other 7li. in barley, wheat or pork, if in pork, it was to be barrelled up and repacked or else brought to the now dwelling house of Phillip Nellson in Rowley, all of which payments were to be delivered
*Autograph.
+See ante, vol. III, p. 392. The original contract was torn, and this copy supplies a few missing details.
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1676]
Ens. Thomas Chandler v. Anthony Ashbie and Abigail his wife, administratrix of the estate of her late husband, Jo. Lambart. Debt. Forfeiture of a bond. Verdict for plain- tiff.
Peeter Emmans acknowledged judgment to Mr. Francis Wainwright, in wheat, malt or pork.
John Graves acknowledged judgment to Mr. Francis Wain- wright in wheat, malt or pork.
Hugh Marsh had his license renewed for a year, also his license for liquors.
John Stone of Beverly had his license renewed for a year.
Mr. Peeter Duncan's license was renewed for a year, also his license for liquors.
James Sanders was allowed costs in an action brought by Henry Bennet and not prosecuted.
Capt. Gerish was allowed costs in an action of slander brought by Mr. Thomas Woodbridge and not prosecuted.
Thomas Ossgood and George Abbot of Andover, Symon Chapman of Rowly and Samuel Warner took the freeman's oath.
Thomas Smith of Newbury, who was slain in the war, dying intestate, administration upon his estate was granted to James
on board a boat against the said farm or within one mile above the said farm; if no boat came up the river when payments were due, they were to keep them a month and if no boat came within that time, the grain was to be sent to Nelson at Rowley; said Robert and William were not to be held responsible for damage to the buildings by fire and wind; signed by William Bolton and Robert Savery. Wit: John Woolcot and Gershom Lambert. John Woolcot signed a bond as surety for the payment of the rent, which was wit- nessed by Samuell Platts and John Pickard. Copy made by Robert Lord,* cleric.
Mr. Nelson's bill of cost, 2li. 1s. 6d.
George March and Isarell Webster deposed that they had been at Bradford at Saveri's on Mr. Nellson's farm several times and the house and barn were sufficiently finished accord- ing to their best judgment. Since then they had seen the barn down, and the sills, studs and posts so rotten that one might kick them to pieces with his foot. Sworn in court.
*Autograph.
1
132
IPSWICH QUARTERLY COURT
[Mar.
and John Smith, his brothers, and court ordered that it be equally divided between them.
John Dane, sr., was released from trainings free.
Administration having been formerly granted to Daniell and Thomas Dow of the estate of Margret Kimball, their mother, and an inventory being brought into court amount- ing to about 100li., and there being four children left, court ordered to Daniel Dow of Hampton, 20li. The remainder of the estate was to be equally divided among the other three, Thomas, Jeremiah and Mary Dow.
Samuell Simons dying intestate, administration upon his estate was granted to Clement Coldom, who brought in an inventory amounting to about 16li.
Samuell Leach, complained of for abusive speeches, affront- ing and not obeying authority, when impressed for the coun- try's service, was convicted and ordered to be whipped unless he pay a 5li. fine. Costs were allowed to John Elithrop .*
*"To the Constabell of manchester ye ar required in his maiestes name to impres one abell man for the Contry seurvis & to be compleatly fixed in armes with pouder & buletts: & he is to apeere the next secend day by sone ris: it being the 3 day 11 mo: 75 faill not upon ye perill by order the melette of beveley : 30 : 10 : 75."
"To the constabell of manchister you ar Requiered in his magesteys name to bring up your impresd man by: to morow ten of the clock to beueley: to attend furder order all com- plet according to law with eight days prouision by order of the millisha Left William Dickse Januarey the 11th."
Complaint of John Elithorp,t constable of Manchester against Samuell Leech of Manchester, dated Jan. 21, 1675: that he had warned him to appear and he answered that he thought he should not go, saying "You may goe your selfe if you will and presently Rose up and bending his fist threatned to strike me and struck my pipe out of my mouth." He lifted up his foot and threatened to kick him, called him rogue and said he would turn him out of his house, etc.
John Ellithorpt complained further that he received a warrant from the selectmen of Manchester to impress Samuell Lech by virtue of an order from the worshipful major General Denison to take care of and provide for Goodwife Knit's of Manchester in her husband's absence who was pressed for +Autograph.
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1676]
the country service by virtue of an order from the militia of Beverly in the place of said Leech. In a scoffing manner Leech had said that he would take no notice of the warrant for it was more than the Selectmen or the Major General or the Governor himself or the King could do and said he would get some copies of their warrant to set up in other towns to publish what fools they were. Also that Leech did nothing for Goodwife Knits though she was in a suffering condition for want of wood and other necessaries, etc.
Samuell (his mark) Allen testified that Leech called the constable wopper-jawed rogue, etc.
Petition of Thomas Bishop,* John West* and Samuell Frend,* selectmen of Manchester, to the court, "Respecting a woman and her Child that is left in a uery poore Condition her husband being prest for the seruice of the cuntry whereas another was prest that was in euery Respect more fitt as we conceiue namely Samuell Leech who was sett fre by the malitia of beuarlay which was contrary to order as we conceiue we do intreat your worship that you would be pleased to direct us what to doe in such a case the inhabitants of our uillage doe manifest as there inabillitty so there unwillingnes to contribute to her present nessessitty and the Reason they aledg is that Samuell leech was prest before and did not goe and therfore was a de- linquent and by order from your worship was to attend the seruice or to apear before your worship to Answer for this delinquency therfore we conceiue that the malitia of beuerlay had no power to giue any warant to pres another man therfore we hope that your worship will Judge that either the malitia of beuerlay or Samuell leech should maintain this woman in her husbands absence," etc.
Daniel Denison's* answer: "if there were any irregularitie in sending away that souldier & releasing Leech, yet being sent & now in ye countryes seruice, the selectmen must take care that his family doe not suffer in his absence & they haue power to press Leech or any other to carry on his occasions, & if any refuse upon notise given order shall be taken with them."
Thomas Bishop and John Ellithorp deposed. Sworn in court.
"To the constabel of Manchester yo" ar required in his maiestys name to impres one able man of yor towne for the servis of the Contry complet in armes & to be at an owers warning by order of ye Comander Leftennent Dixsy 18 : 9 : 75 & John Knite I will not exsept of."
Warrant, dated Jan. 12, 1675, to the constable of Man- chester for the impressment of John Knight, who was or-
*Autograph.
134
IPSWICH QUARTERLY COURT
[Mar.
John Cogswell attaching Mr. William Cogswell and not prosecuting, said William was allowed costs.
Mrs. Margret Rogers dying intestate, administration upon her estate was granted Mr. John Rogers, her eldest son, who was ordered to bring in an inventory to the next Ipswich court.
John Ayres of Qaboag dying intestate, administration upon his estate was granted to Susana Ayres, the widow. There being an inventory brought in amounting to 195li., and there being seven sons and a daughter, court ordered 95li. to be divided among the children, the eldest son John, with what he already had to be made up a double portion, and the remainder to be equally divided, the widow to have the rest of the estate.
Wm. Titcomb having formerly been appointed adminis- trator of the estate of Samuell Stevens and an inventory now being brought in amounting to 38li. 6s. 4d. clear estate, said Titcomb was allowed 10li. and court ordered the rest of the estate to John Steevens, his brother.
Abraham Jewett, presented for being drunk, was fined for the first time 10s., and for the second time, 20s .*
Martha Gilbard, presented for wearing a silk hood and scarf, was fined.t
dered to appear armed and equipped at Beverlee at John Stone's on Jan. 14 by eight of the clock in the morning, signed by William Dixet and Samuell Corning,¿ of the militia of Bever- lee.
John Siblee and Joseph Pickworth deposed. Sworn in court.
Warrant, dated Mar. 27, 1676, for the appearance of Samuell Leech, and to Thomas Bishop, John Sibly, Joseph Pickard and Samuel Allen, as witnesses, signed by Daniel Denison.}
*Rowley presentment. He was seen Jan. 15, 1675, "To goe Reeling with his horse in his hand out of Ipswitch homwards and fell downe once & againe & After ward some of his Neigh- bours over Takeing, helping him vpp on a horse & held him thereon, and soe went away." Wit: Aaron Pengry, jr. and John Osburne. Nathaniell Warner passing by at the same time said the man was much out of the way. Also at another time between Rowly and Nubery. Wit: John Webster and Abiall Long.
+Hannah Roberts and Martha Gillburt, of Ipswich, now or #Autograph.
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1676]
Wm. Wattson, for his great misdemeanor in breaking up a stable door and taking away his horse, when he had been impressed for the country's service, was fined .*
Henry Gould, presented for fornication before marriage, was sentenced to be whipped or pay a fine.t
Hanah Poland, daughter of John Poland, presented for excess in apparel, was fined for wearing a silk hood and scarf and "for her strong fashon admonished."}
John Teny and Rich. Bartlet were fined for absence from the grand jury.
Edward Stone, complained of for stealing 3li. 8s. from his master Mr. Thomas Newman, deceased, part of which had been returned, was ordered to pay 8li. 12s. to Benjamin New- man, the executor.
Richard Dole's negro Grace, presented for fornication, was ordered to be whipped or pay a fine.
John Andrews was admonished upon his presentment.§
lately resident at Obediah Bridges, presented for excessive apparel and strange habit.
*Rowley presentment.
¡Ipswich presentment.
His wife was presented for wear- ing a scarf.
#Ipswich presentment. Wit: Richard Walker.
§" Wee whose names are underwritten, doe humbly cer- tifie to all whom it may Conserne, that, haueinge had seurall Occacons, to Travell uppon the Road from the Bay, East- wards, and from the Eastwards to the Bay, as opptunity hath offred, hath seurall tymes stopt, to Accomodate our selues, at the whyte horse at Ipswich, Corporall Jnº Andrews beinge m' of the said house, where wee haue had good & couteous entertainment, & hath both for horse & man; ben Civilly used." Richard Waldern, || Seaborne Cotton, || Jo. Woodmansey,|| Tho. Marshall,|| Thomas Farnoum,|| Joseph Huchinson,|| Roger Hascoll,|| Edward Flintt,|| John Raimentt,|| Samuell Eburne, || John Fuller, || Edward Colcord,|| John Red- man,|| Rich. Hawks,|| Giles Fifield,|| Richard Haven,|| John Lowlle,|| John Hathorne,|| Tho. Hawkings||, Robt. Oateshall, || Tho. Thornhill,|| Tho. Gray,|| Walter Barefoote, || Rog" Aysh- ford,|| Robert Nash, || William Cotton, || Rich. More, ||Phillip Cromwell,|| George Emery,|| Willi. Holingworth, || John Put- nam,|| Josep. Huchingson,|| Wm. Perkins|| and Tho. Macy.||
||Autograph.
136
IPSWICH QUARTERLY COURT
[Mar.
Upon complaint of Samuell Hunt against Henry Bennett and John Sparke for not performing the court order of the moderation of a bond, not paying corn or anything else, court ordered that execution be issued.
Upon request of Ruth Small, whose husband deceased in- testate, court appointed her administratrix of his estate, and ordered her to bring in an inventory to the next Salem court .*
Freegrace Norton dying intestate, being slain in the war, Mr. Francis Wainwright was appointed administrator of his estate, and there being not a sufficient amount to satisfy the debts, court ordered that the debts be paid according to pro- portion. If any were not satisfied with their proportion, they were given liberty to take their course, if they could find any other estate not inventoried.
Whereas Mr. Francis Wainwright had power granted to him to administer upon the estate of Jonathan Gage at Ipswich court, in Mar. 1675, and had paid part of the debts, as per account brought in, the remaining part being mostly in land, is willing the widow should make the best of the estate, and resigned his administratorship. Court granted administration to Hester Gage, the widow.
*Petition, dated Salem, Mar. 25, 1676, of Ruth (her mark) Small, John (his mark) Small, Edward Grove, t John Putnamt and John Buxton, t that the estate of Thomas Small should be divided as follows, said Ruth having taken advice of her father Small, her uncle Grove, her brother John Buxton and Mr. John Putnam: that the court make her administratrix; that she have liberty to bring up her four children herself, to continue with her until they come of age unless she see cause to dispose of them otherwise for their better education; that her son William as soon as he comes of age may have the one- half of the farm that is undisposed of, with the meadow be- longing, having his part on the east side of the farm adjoining Nathaniell Putnam's, not meddling with the housing or any part of the improved land; that as soon as her daughters Lidia, Hanna and Ann come of age, they were to have 40li. each; that her father John Small, her uncle Edward Grove, her brother John Buxton and Mr. John Putnam be overseers. Allowed in Salem court, 30 : 9 : 1676, the 40li. disposed of to the child deceased to be equally divided between the mother and three children.
+Autograph.
137
RECORDS AND FILES
1676]
Laurance Clenton, complained of for not living with his wife, was ordered to live with her as man and wife ought to do, and when necessarily absent, he should pay her 18d. per week in corn. She was ordered to follow her work as she ought upon penalty of being sent to the house of correction.
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