USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 15
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Capt. Gerrish's bill of cost, to witnesses John Dole, John Atkinson, Henry Tewxsbury, Thomas Noys, Nico. Noys, Stephen Greinleife, Daniell Lunt, John Kent, Hugh March and Joseph Gerrish, etc., 9li. 1s. 6d.
Caleb Moody deposed. Sworn, 27 : 4 : 1676, before Wm. Hathorne,* assistant.
Elizabeth Gerrish, aged twenty-two years, testified concern- ing the attachments served by constable Joseph Pike, she standing at the porch door. He said "I doe attach this Cub- bard this Chaire this table & this dogg," and then went outside and attached three oxen, seven cows, two yokes, a chain and a dungpot. Then the constable went away with Tristram Coffin. Sworn, 27 : 4 : 1676, before Wm. Hathorne,* assistant.
John Cornelius, aged twenty-five years, deposed. Sworn, June 26, 1676, before Daniel Denison .*
Ric. Dole, aged about fifty-two years, testified. Sworn in court.
John Knight, sr., testified. Sworn in court.
Tristram Coffin, aged forty-four years, deposed. Sworn in court.
Tristram Coffin and Jno. Dole testified. Sworn in court.
John Wells, aged about thirty-six years, deposed on June 23, 1676. Sworn, June 26, 1676, before William Stoughton. Copy made by Hilliard Veren,* cleric.
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Vinson Stilson v. Charles Gibbs, in behalf of Eliza, his wife. Defamation. Verdict for plaintiff .*
John Knight testified that Mr. Woodbridge told him that he had paid Gerrish a part of his debt and the remainder he would pay at the next coming in of the boat, etc. Sworn in court. John Knight, sr., deposed. Sworn in court.
Elizabeth Gerrish, aged about twenty-two years, deposed concerning the goods for which Woodbridge sued her father. Sworn, 26 : 4 : 1676, before Wm. Hathorne,f assistant.
Moses Gerrish, aged about twenty-years, deposed con- cerning what Mr. Woodbridge told his wife about the goods, etc. Sworn, 27 : 4 : 1676, before Wm. Hathorne, f assistant.
*Writ: Vincon Stillson v. Charles Gibbs of Marblehead, in behalf of Elizabeth his wife; defamation in reporting that plaintiff offered said Elizabeth money to play the rogue with her and that he was the cause of the death of her last child; dated June 9, 1676; signed by Hilliard Veren, t for the court; and served by John Chin,t deputy for Henery Skerry, f mar- shal of Salem.
Vinston Stilston's bill of cost, 4li. 12s.
Sarah Mare, aged about fifteen years, deposed that Eliza- beth Smith was at her dame's house on June 28, 1676, and the latter asked her if she had been to Salem to sware against Vinson Stilson and she said that she had not. She further stated that he had never offered her any abuse, etc. Sworn in court.
Heaster Green, aged about twenty-one years, testified that on June 7, Vinson Stilson, jr., was at home in his house all the afternoon and evening. Further, that Elizabeth Gibbs had made charges against William Jarman and told of what hap- pened at John Cole's house where said Stilson now lives, which deponent, being present, declared were not true. Sworn, 19 : 4 : 1676, before Wm. Hathorne,f assistant.
Tamsin Gover, aged about thirty-five years, deposed that two or three days before Elizabeth Gibbs' last child was born, she was passing their house and heard quarrelling between said Elizabeth and her husband, etc. Sworn, 19 :4 :1676, before Wm. Hathorne,f assistant.
Grace Stillson, aged about thirty-seven years, deposed that Rebeckah Hueet came to her house in the evening and inquired for deponent's husband because she wished to get a pair of shoes. Deponent told her that she thought he had none that would suit her and then she answered that she would have a pair of white shoes snug to her feet.
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Vinson Stilson coming into the house was asked by deponent to take the measure of Rebecca's feet, and he said he could not stay but if she would hold the lamp he would for he was in haste. She told the boy to take the lamp and go out into the shop and deponent was there all the time and saw noth- ing amiss. Sworn in court.
Joane Roads, aged about forty-six years, deposed that Elizabeth Smith complained to her about the actions of Vinson Stilson, the younger, when she was sitting in a chair with her child in her lap, also when she went to his house for shoes for her child, etc. Sworn, June 26, 1676, before Wm. Hath- orne,* assistant.
Sara Roads, aged twenty-five years, deposed. Sworn, June 26, 1676, before Wm. Hathorne,* assistant.
Joane Boubier, aged about twenty years, deposed that she met Elizabeth Gibbs in the street at Marblehead and she asked her if it were true that she had been to Salem to complain to Major Hathorne of Stilson's abuse. She said it was "a diuelesh Lie," that she had not seen the Major since she knew not when, and this was the same hour that she went to the constable with the warrant from the Major. Sworn, 19 : 4 : 1676, before Wm. Hathorne,* assistant.
Sarah Roades, aged twenty-four years, deposed that after Elizabeth Gibbs had told her about Stilson, the latter's wife asked said Elizabeth why she gave such reports to her neigh- bors. She denied having done so, and said she should scorn "that Euer such an ill Look Curr should medle with her." Sworn, 10 : 4 : 1676, before Wm. Hathorne,* assistant.
Jean Searl, aged about thirty-five years, testified that she living under the same roof with Elezabeth Gibbs, wife of Charles, she came into her room where she had another woman neighbor, and said that she was almost dead, that she had been to look out for a man to watch for her husband, etc. Sworn, 10 : 4 : 1676, before Wm. Hathorne,* assistant.
Vinson Stilson's declaration: that all the witnesses had cleared him except two "who are by comon report as bad as herselfe. it is very well known vnto most of Mar- blehed that this woman is an abusive woman as any is in marblehed and says she if this complaint will hould, shee would accuse seuerall persons in marblehed of very good account in the like kind," etc.
Mathew Price and Robart Gotts deposed that Elizabeth Gibbs told them that she had wronged the man by her com- plaint. Sworn, 28 : 4 : 1676, before Wm. Hathorne,* assistant.
Rebecka Hewet, aged about twenty-two years, testified concerning going to Stilson's house when his son Vincent
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John Cogswell v. William Cogswell, executor in trust to the will of John Cogswell. Verdict for plaintiff, according to the judgment of the Court of Assistants. William Cogwell bound, with Phillip Fowler and Tho. Wade, sureties .*
offered her abuse, etc. Sworn, June 21, 1676, before Thomas Clarke,t commissioner.
Elizabeth Gibbs, aged about twenty-four years, deposed concerning the several times that Vinson offered abuse to her, at the shop where she went to get shoes, at the well when she went to fetch a pail of water, when she was making her bed in her own house, etc., all of which she told her husband, etc. Sworn in court.
*Writ, dated June 22, 1676, signed by Robert Lord,t for the court, and served by Robert Lord, t marshal of Ipswich. Bond of William Cogswell.t
"Louing freinds mr John Coggswell and mr Willyam Coggs- well. thes fewe words are to lett you unstand that the Coun- stables of Salem Frances Lawes and John neall haue been at Charges with nathanyee domene, seruent to m' John Coggswel late deseased being gone from his masters serues. I pray you to paye thes Charges to gilles Core and this shall be your decharge by me Francis Lawest one of the constables. from Salem the 24 of the 2 monthe 1655." The charges were 2s. for two hue and cries to John Salare, the Frenchman, for bringing him home; at another time, 2s. 6d .; bestowed upon the lade at the ordinare, 4d .; total, 4s. 10d.
John Cogswell'st objections against the justice and legality of the account given in by Mr. William Cogswell, executor in trust to the will and inventory of John Cogswell, jr., de- ceased: to 100li. paid to Mr. Theoder Atkson; to 19li. paid to Mr. John Cogswell; to 13li. paid Goodman Lovell; to 10li. to John Cogswell, sr., for keeping and nursing Samuell Cogswell; to 3li. to Mordecai Larkom; to all the other ac- counts; to 20li. paid to Mr. Andrews for my boarding and schooling, for which Williams conscience smoat him and he scored it out; to the sixteen years' rent of the land, being 4li. per year more than what he paid the town of Ipswich for the lease, 64li., his excuse being that having leased it to Mr. Waldo for 16 years, upon the eleventh year he was obliged to buy said Waldo out at 29li .; for a considerable sum received for three or four servants sold and disposed of; for seventy pine trees making 700 feet of board per tree, worth about 27li. 11s. 3d., and thirteen white oaks worth 6li. 18s. 3d .; to the
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charge also for repairing and groundselling the house and repairing the barn, etc.
William Cogswell's* answer to plaintiff's objections: that he doubtless forgets that he has been brought up from the cradle until he was dismissed to take charge of the estate; that the servants Robert Powel and Thomas Fowler were paid for by my father and I and the estate allowed 14li., etc. Mr. Atkinson, Phillip Fowler, Thomas Lovell, John Cogswell, Samuel Cogswell, Mordecai Larkom, mentioned.
William Cogswell's bill of cost, 7li. 19s. 6d. Mr. Atkinson, Jer. Beleher, Thomas Clarke, Good. White, Esther Cogswell, Goodman Varnye, Robert Crosse, Abigail Clarke, Sarah Tuttell, James White, James Coalman, Phillip Fowler, Thomas Wides mentioned.
John Cogswell's bill of cost, 6li. 19s. 6d.
Copy of the record of the Court of Assistants, Mar. 7, 1675-6, in an action of Wm. Cogswel against John Cogswell, in appeal from the judgment of the Ipswich court, with judgment for defendant, made by Edwd Rawson,* secretary.
Copy of papers in a similar action brought, Sept. 20, 1675 in Ipswich court, made by Robert Lord,* cleric.
Receipt, dated 20 : 2 : 1656, given by Mordecai (his mark) Larcom and Eliz. (her mark) Larcom, his wife, late wife of Wm. Clarke, for 3li., which was the award of Mr. John Apple- ton, George Gittings and Moyses Pyngrum, to John Cogswell and Wm. Cogswell, executors, which he promised to Wm. Clark, deceased, that if he made use of the house which he built upon his land, he was to pay him for it, etc. Wit: Hum- phrey Verny* and Elizabeth Cogswell .*
"Mr Coxwell my kinde loue remembred unto you this is to let you understand that Thomas louell gave your sonn a letter of aturney to fell a house and little ground which he received thirtene pound of it and I will take my oathe of it that he said upon his death bed that he received thirteen pound and that the said thomas louell should be paid out of his goods here but that the magistrates were gone to cambridge else I would haue sent you a deposition under there hands, and I would intreat you to send me the biggest of the lads with all speed else you must pay me for his time. george Stimson. thus in hast I rest your louing friend
Theodore Atkinson."*
Bond, dated Dec. 20, 1671, given by Samuell Cogswell* of Ipswich to his uncle William Cogswell of Ipswich, for enough white oak timber to make 10,000 barrel staves and heading, said timber growing on the pasture land on the southeast side of Jebaco river, etc. Wit: William Thomson*
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and Edward Cogswell .* Samuell Cogswell's* receipt. "also Paied by youre order to youre brother John 25s"'
Elizabeth Cogswell* certified that she and her husband John Cogswell had received of their son John 10li. for nursing and maintaining his young child which he put to them in 1652 before their said son went to England. Wit: Symon Tuttell .*
Debts "of my brother John which we found paide on ser- gent belsher's booke," and certified to by Jere Belcher :* to the ferryman of Nubery, 3s. 6d .; decon Pingre, 10s. 8d .; twifoot west, 1s. 6d .; gorg hadly, 10s .; goodman Englis, 3s .; samuell tailer, 2s. 6d .; goodman bradstreet, 2li .; John Androse, 2s .; ould Rofe, 3s.
"London this 30th of march 1653:
"Most loveing father & mother I haueing an oppertonity to send to newingland: Could not but write to you to certifi you yt I am through gods goodnes to me safe arived in ingland: & haue had my helth well & my freinds are in ginerall well: my sister haith two Children: I am as yit un married: & litele hopes I have to marry here: but I intend to make haist over to newingland with som servants as fast as I Can my Condishon at present is veary lowe & I am in greate straite: the lord in mercy help me: Mr deane haith dealt kindly with me & haith taken bond of me to Receive for 84li. here. 100li in Boston: I pray father will you bee Asistant to my Brother willem & booth to my Brother Armitage in the payement of this 100": for I haue writen to my Brother Armitage to paye it for me: be Cause he Lives in Boston. I haue not yit Agreed with my Cossen stevens nor Mr goad I owe ym about 531: bee sides intrest I pray father & mother & Brother willem be Carefull of that litell Corne, Cattel, goods & my house & Land that it bee not forfiteed: for I am in A very lowe & sad Condishon heare & haue nothing to paye my depts with all. nor to mainetaine my poore motherles Children with all but what is in yr hands. I preye will you haue A fatherly & a motherly Care of my 3 dere motherles babes & at present fatherless: I haue bin with my Brother Waldoes freinds. his mother lives in Carrik. his Brother John is deade. his Brother Thomas is in Ireland & his Unkel Borron is deade. the Rest are in helth I preye bee Ernest with my sister woldo to bee loveing & tender to my 3 babes. for she knowes not how sowne hers maye bee left to the world. I would haue John & Elisabeth go to scoole this summer. thus on my knees Craveing yr prayers to god for me in theese my undertakings that i maye be brought safe to you againe: Remembring my duty to you booth my love to my 3 children: & to my Bro- thers & sisters & Cosens. with my servis to M' Rogers &
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mª norton & my love to goodman lord & my Respects to all my frinds Humbly Craveing all yr prayers I Commit you all to god & Rest yore obedient soun & very loveing father & brother frend & servant John Cogeswell: this letter i wroght in greate haist.
"The superscripction is:
"To his very Loveing father Mr John Cogeswell at his house in Ipesridge theese be dd in Esex.
"This is A true Copy: of a Letter that my Brother John Cogeswell sent to my father from London 30th of march 1653." Copy made June 26, 1676.
Goods lent to his tenant Henry Muddell :* One Iron pot, 1 payr pottucks, 1 payr pot hangers, 2 spoones, 7 trayes, viss, spleete, 1 firkinge, 1 cherne, 2 barels, 1 payle, 1 powdring tub, 1 beere barell, 1 sive, 1 buter firkinge, 1 bed, 1 boulster, 2 Coverings, 2 blankets & ye Cart & 3 chaires, one rope for a cart, 1 plow & irons, 3 yoakes, 1 chese presse, 1 grid iron, 4 dishes, 1 stroying dish, 1 Cheese. All were to be used upon his farm and to be returned when he came again, or at the year's end. Also 13 december 1653, 1 oure glass, 2 beetle rings & wedges.
Lent to brother Waldoe, 1 feather bed, scillet, 1 payre of pot hangers. Debts due in Ipswich, to Goodman Scot, Abra- ham Foster, ould Foster, Mr. Wade, Mr. Batholimew, etc.
Lent to my brother William, 1 payre of pot hooks, 1 booke, 2 chayers, course cloth, 1 cheese moale, 2 trays, 1 suck botle. Lent to my mother to be returned, one Chamber pott.
Copy of indenture, dated Jan. 16, 1650, between Daniell Denisson, Robbert Payne, William Payne & William Barthol- mew, all of Ipswich, and John Cogswell, jr., of Ipswich, the former "farm letten " all the land commonly called the Neck, beyond Chebacho river, in Ipswich, "bounded by said River on the one side and by two great Creeks on the two other sides, and from the heads of the sd Creeks wch was formerly bounded upon a streight line from either doth extend within two rods of the line that Divideth Ipswitch from Gloucester bound," which land was granted to the four men before mentioned by the town of Ipswich for the use of a free school in Ipswich forever, to John Cogswell, jr., for one thousand years; he was to pay annually 14li. in butter, cheese, beef, pork, and corn, at the meeting house in Ipswich, etc. Wit: Joseph Payne, Francis French, Joseph Noyes and John Payne.
Abygarl Clarke, aged thirty-five years, and Sarah Tuttell, aged thirty years, testified that their mother Elizabeth Cogs- well said that her daughter Cogswell, her son John's wife,
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upon her death bed gave her charge of several small things to give her children, one gold ring, a silver spoon, a small silver heart and a small bundle of childbed linen, which she told deponents she faithfully delivered to said children, all but the silver spoon which was lost, she knew not how nor where. Also that her son John Cogswell gave her a cradle and child's chair before he went to England. Sworn, June 20, 1676, before Daniel Denison .*
WVm. Story, aged about sixty-six years, deposed that the house now in controversy was in a very bad condition, that cattle passed through it, and people were afraid that it would fall upon the cattle. About two years ago William Cogswell repaired the house on charge of Jno. Cogswell, in ground- selling and all other needed repairs without one cent of charge to said William. Sworn in court.
Theoder Atkinson, aged about sixty-two years, deposed that the debt Jno. Cogswell, jr., owed him was paid by his brother William Cogswell about 1654. Sworn, May 13, 1676, before Edward Tyng,* assistant.
James White, aged about thirty-nine years, deposed that after John Cogswell was of age the fence from the long bridge to John Burnum's bridge was standing, which at that time deponent considered worth 18d. per rod, and also two corn yards fenced, about a hundred rods, which was standing after John Cogswell was of age, and worth about 5li. After John was of age, the house and barn were standing and made use of by him. Sworn, 22 : 4 : 1676, before Daniel Denison .*
Bill of sale, dated Dec. 30, 1670, John (his mark) Cogswell of Ipswich to his uncle William Cogswell of Ipswich, eight pine trees and twelve white oaks growing on the farm on the other side of Chebaco river wherever he pleases to take them, with liberty to cart them over the farm to a convenient place, also to cart away the logs that the town gave him, in consider- ation of 40s. received in part pay for a horse said John bought of Mr. John Hacks of Lin. Wit: John Hawkes* and Roberte Crosse .*
Thomas Varny, aged thirty-five years, and James Whit, aged thirty-nine years, testified that after the death of John Cogswell, jr., his son John lived with his uncle William and was very sickly a greater part of the time. Said William and his wife had a fatherly and motherly care in teaching him in learning and in instructing him in the fear of God. Said Varny had heard John say that he had never wanted for meat, drink or apparel and said James while living in the house with him part of the time never heard John complain, etc. Sworn, 22 : 4 : 1676, before Daniel Denison .*
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Joannah Smith testified, she being with Mrs. Cogswell the mother of John Cogswell at the birth of her last child, that she had a great deal of very good childbed linen and the house was well furnished with good household stuff, also silk gowns and petticoats, very good linen, costly laces and deponent observed a very good carpet, as she remembers it was a turkey work. Sworn in court.
John Palmer, aged about thirty years, testified that Mr. Theodore Atkinson sold him to Mr. John Cogswell, jr., in Lon- don, for twelve years, and when he sent him to this country said Cogswell told him that he had paid for his passage, but upon arrival he understood that his master was dead and he was assigned to Mr. John Cogswell, sr., where he served part of the time until he was sold to Mr. Eps. Also that Elizabeth and Samuel Cogswell, then children, lived there at the same time, yet Elizabeth was competent to earn her own living and the boy was a sound, hale lad, both very ill-used as to diet and clothing, going very ragged and thin, barefooted and barelegged. There was a lad who came over in the ship with deponent named Georg Stimson, who said he was Mr. John Cogswell's servant and who came to Shebaco with them. Sworn, June 16, 1676, before Samll. Dalton,* commissioner.
William Cogswell* certified as to the schooling which the three children of his brother John Cogswell had: "in the sumer 1653 to of the childering John and eleazbeth went to skoole to goodde Collenses by his order in a letter from Ingland to put them to scoole and we the exseceters in trust paide her for theyer scooling: and in nouember 1653 and in the yeare folowing 1654 we kept ascoole dame in my fathers house: to teach my brother Cogswells Children and some other Chil- dren we keept her at our one cost: and after 1654 to Septem- ber 1659 we indevered to teach these childring in reading and in structing of them in the fear of god and in september 1659 my mother came and liucd in howcse with me in my family and made it her implyment to teach the children in the family whearof my cousen John Cogswell wase one of them: and in nouember 1659 my father and the rest of his family came and lived in the house with me in my family untel that time twelve muntes after: which was in 1660 and the rest of thayre implyment was to teach the children in the family to write and to reade: and from 1660 to 1663 my cousen John was instructed in writing and reading with the best indeuores we could in the family and he could read a chapter in the bible uery well and also in 1663 I had a man liueed with me which I gaue 12li a yeare unto: that could wright and reade very well and I aded to his wages 8 or 10s and alowed him what
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time he would to perphect my cusen John in his writing and spelling and of saruing his stops in reading: and in 1664 the Court in September gaue my cusen John leaue to chuse him selfe a gordion: which I apprehend a gordion is not to pay wages besides maintenance of the orfanc."
William Story, sr., testified that at one time when John was in a cradle his uncle Waldo came to the house of William Cogswell and found fault with his attendance and deponent heard Waldo tell his sister Cogswell that if he died his blood would be required at their hands. Further that deponent had taken notice that his employment had been according to his age and going to his house on a cold morning, he saw said John eating turnips with none of the family with him, yet he never heard his uncle complain of any misbehavior nor of his being sickly. Sworn, June 26, 1676, before Daniel Denison .*
Robert Cross, aged thirty-three years, deposed that when John Cogswell took possession of his land the house and barn upon it were tennantable, etc. Also that he bought eight choice trees, pine and oak, for 15s. of Samll. Cogswel, etc. Sworn, Nov. 2, 1675, before Daniel Denison .*
James Whit, aged thirty-nine years, deposed that he felled three white oaks on the other side of Jebaco river. John Cogs- well challenged them to be his and would not let him carry them away without paying 12d. a tree, which he paid him for them. Sworn, 22 : 4 : 1676, before Daniel Denison .*
Thomas Lovell deposed that he gave Mr. John Cogswell a letter of attorney to sell a house and a little land in old England and said Cogswell went to England to deponent's friends, as they later wrote him. The said friend gave Cogswell 13li. in silver to deliver to deponent, but Cogswell died on ship- board in coming to New England. Then deponent went to old Mr. Cogswell and demanded the money, but he refused to pay it. Then he went to Bostowne to Mr. Atkinson, who gave him a deposition taken by Mr. Bellingham, then deputy governor, from John Cogswell that he had received the money and it should be paid from his estate here, etc. Sworn, 22 : 4 : 1676, before Daniel Denison .*
James Coleman, aged about thirty-five years, deposed that he had lived nearly twenty-one years near the house in con- troversy and that the house was not groundselled until John Cogswell had it done, neither was the barn repaired except when Wm. Cogswell had occasion to put some corn into it. Then he would put a board up to stop a hole or a little thatch with straw, etc. Sworn in court.
Hannah, wife of Cornelius Waldo, deposed that John Cogs- *Autograph.
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well, deceased, her brother, had but one feather bed which he left with her and which she returned to the executors, and that there were but two brass kettles and a skillet, and a very little pewter. She saw after her sister Cogswell's death very little linen which was damaged by mildew and she had but one silk gown much worn and worth but little. Sworn in court. James Collman testified that he lived with Mr. William Cogswell and carried away timber, etc. Sworn, Apr. 15, 1675, before Daniel Denison .*
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