USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 19
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¡Moses Litell, aged about nineteen years, and Joseph Poore, aged about twenty-two years, testified that Mathew Legro was a servant to Elisha Ilslie when he was pressed for the war, that he was a covenant servant and was bound to serve as an apprentice from about the beginning of May, 1675 for two years and six months to learn his trade. Sworn, June 22, 1676, before Daniel Denison.}
Owing to Mathew Logrow: by Mr. Short, 10s .; by Jno. Celly, 5s .; by Peter Tapon, 6s .; by Dan. Lunt, 4li. 4s .; by his wages for his being a souldier, 14li .; mony in his Chest, 1li .; clothing in his chest, 2li .; total, 22li. 5s. Account of #Autograph.
189
RECORDS AND FILES
1676]
Moses Vowden and his wife, presented for fornication before marriage, were sentenced to be whipped, the man twenty stripes and the woman fifteen, or pay a fine.
Whereas an account* was brought into court of the estate of Ellenor Robinson, deceased, by Mr. Henry Bartholmew, administrator, there being 25s. left of the estate, said adminis- trator was allowed 15s. for his pains and the other 10s. was to be paid to Mr. Edmund Batter toward his debt.
Peeter Cheevers and his wife, presented upon suspicion of perjury in taking an oath about a lock upon the door of Robert Stone were fined and disenabled from giving oath during the court's pleasure. They were to pay costs of wit- nesses, Mr. Batter, Hilliard Veren, George Hacker and Ben- jamin Smale.t
what he owed to Mr. Adkinson, 3li .; Capt. White, 12s. 3d .; Mr. Thomas Woodbridge, 4s .; George Major, 19s .; widdow Moody, 17s .; total, 5li. 12s. 3d. Nathaniell Bricket de- clared that what was due to Mathew Lougrow he had given to him.
William Fannen, aged about thirty years, deposed that immediately before Mathu Groe went away toward Hadly as a soldier, he was witness to a will made in favor of Nath- aniell Bricket of Newbery, but he did not have time to finish it and told deponent that he gave his estate to said Bricket in consideration of his kindness and charges during his sick- ness. John Michell, aged about twenty-five years, testified to the same. Sworn, June 26, 1676, before Daniel Denison.}
Richard Dole testified that he was also a witness to the same and that Grow asked him at deponent's house just as the soldiers were marching away. Sworn in court.
*Edmond Batter'st account of the estate of Elinor Robin- son deceased, dated 21 : 5 : 1675: Creditor to mony Re- ceived of Goody Mascall, Ili. 16s .; to mony Recd. of my wife, 3li. 19s .; for hire of 2 Cowes, Ili. 8s .; to 2 Cowes that being killed come to 4li. 5s .; total, 11li. 8s. Debter: to Capt. Joseph Gardner, expense of her buriall, 7s. 8d .; paid for her, 15s. 4d .; total, 1li. 3s. Edmund Batter's receipt for 9li. in silver, dated Aug. 6, 1675, from Mr. Henry Bartholmy for a debt due from Elinor Robinson.
¡Edmund Batter, aged about sixty-eight years, deposed that with the key presented unto the honored court, he did lock and unlock and open and shut the door of that house #Autograph.
190
SALEM QUARTERLY COURT
[July
Giles Cory, presented upon suspicion of abusing the body of Jacob Goodell by beating, was fined, and ordered to pay witnesses, Mr. Endecott, Elisha Cabee, Lott Kellom, Wm. Benett, Jon. Procter and Samll. Pope .*
that was lately in the possession of Willm. Reevs before Mr. Veren and George Hacker.
Ed. Battert testified, 28 : 4 : 1676, that he unlocked the door of the house in which William Reeves lately dwelt in order to take possession.
Benjamin Small,t aged about thirty years, testified on July 17, 1676, that there was a great new lock on the door when Mr. Batter came, but shortly after the great lock was taken off and a small lock that was on the stable door was put on. Sworn in court.
Peter Cheever and wife Lidia testified that when Mr. Batter on 8 : 12 : 1675 went into the house, etc. Also that the loek that is now upon deponent's cellar door was at that time upon the cellar door or in the house that said Cheever now lives in. Sworn, 13 : 1 : 1675, before Wm. Hathorne.t Copy made by Wm. Hathorne,t assistant.
Hiliard Verin, sr., deposed that going along in the street, he saw Mr. Batter coming from Peter Cheever's house, etc. He heard the bolt go by as he turned the key, etc. Sworn, 13 : 1 : 1675, before Wm. Hathorne.t Copy made by Wm. Hathorne,f assistant.
Georg Haker testified.
*Mary Gory, aged about fifty years, testified that Elizabeth, wife of Zakarrey Goodell, "being at my house I axed har wether har brother in Loy Jacob goodell had not bene att har house and she sade yese I asked har what mischef he ded thare and she sade he got in to the seler and got apels she sade har housband was a Coming in with a Loge of wood he Lade dound the Loge and tooke up a stok and pade hem to som porpos that she thot he wold never Com thare agane this was about ten dayes before he hort his arme John Parker being thare a ciling of hoges and dous testyfi to the same wordes that is above Righen."
Elisha Kebee,t aged about twenty-eight years, testified at Salem, June 28, 1676, that a little before Jacob Goodall's death, he saw Gills Core unreasonably beat said Jacob with a stiek of about an inch through and that with the great end of the stick he struck him nearly a hundred blows which so grieved deponent that he ran to Corie and told him he would knock him down if he did not forbear. Sworn in court.
+Autograph.
191
RECORDS AND FILES
1676]
Thomas Clearke, presented for cursing his wife, was fined. Josia Sothwick was fined upon his presentment for bringing
Lot Killum* affirmed at Salem, June 28, 1676, before the grand jury that Jacob Goodall told him upon his death bed that John Parker, Corie's son-in-law, struck him with the side of a bed.
Nathanel Felton, Francis Nurse, Anthony Buxton, Michel Shaflin, Jeremy Meacham, John Traske, Thomas Smal, Samuel Very, Thomas Preston, John Cooke, Joshua Rea, and Eleazer Giles, chosen by the constable to view the body of Jacob Goodale, made return that "we finde seueral wrongs he hath had in his body as upon his left arme and upon his right thigh a great bruise wch is very much swold and upon the reynes of his backe in colour differinge from the other parts of his body we caused an incision to be made much bruised and Run wth a gelly and the skin broke upon the outside of each buttocke." This return was made to Wm. Hathorne,* assistant.
Jno. Procter, aged about forty years, deposed that Giles Coarye owned to him that he beat Jacob Goodale while Elisha Kebbe was present. Also that the sixth day before the soldiers went to Narrigansett, deponent noticed that Jacob looked very lusty and well, as he had been for many years. On the third day of the week following Zachary Goodale and Goody Coary brought the said Jacob to deponent's house and said that Jacob went "very ravel," stooping, with his eyes sunken in his head and looked very pale. Sworn in court.
Zeckary Goodall, aged about thirty years, deposed that about the beginning of last December, it being the time that the soldiers went out against the Narragansetts, Giles Corey came to his house and desired him to go with deponent's brother Jacob to the town to Mrs. Mole, for he had had a fall and he was afraid had broken his arm. Because the way was slippery and his horse not caulked, said Corey could not ride himself. "So I went home to Giles Coreys, & finding after we were going to ye towne, that he went so badly, I asked him if he had no other hurt besides his arme but he would not tell me, whereupon I went back to Giles Coreys, & desired that somebody might goe along with us to towne, for I would not goe with him alone, whereupon goody Corey went with us, but how Mrs Mole found him, she is best able to testify her selfe but for my owne part, I Cannot say that euer I saw him beat or wrong my brother, but he hath beene very much beaten & wronged to by report."
*Autograph.
192
SALEM QUARTERLY COURT
[July
the wife of John Smith on Lord's day to speak to the people to the great disturbance of the people, and upon penalty of 30s. was ordered to bring Goody Smith tomorrow in the morn- ing before the court.
The wife of Henry Traske was fined upon her presentment for making a disturbance among the people as they came out of meeting.
John Whitterig, being slain in the wars against the Indians, dying intestate, administration was granted to John Baxter, who was to bring in an inventory to the next court.
The selectmen of Marblehead, petitioning to this court that one Phillip Welch, an inhabitant of Topsfeild, had lately removed into their town, who was very poor and likely to be chargeable to their town, declared that it was without the consent of the selectmen and most of the inhabitants and they disowned him as an inhabitant .*
John Bly and George Thomas, for frequent absence from the public worship of God, were admonished.
John [Thomas. - Waste Book.] Buffington, Moses Aborne, John [Robert. - Waste Book.] Wilson and John Whiffin were dismissed upon their presentments.
John Robinson confessing that he had attended a meeting [at Josiah Sothwick's house - Waste Book.], also at Joseph Boyce's several times, was fined, and being convicted for not
*The men chosen by the selectmen of Marblehead, Moysese Mavericke, Ambrose Gale, Richard Norman, Richard Rieth and William Beale, to inspect private houses: Nathaniell Walton, Thomas Smith, Thomas Pitman, Richard Reede, Edward Holeman, John Waldron and Edward Reade.
Petition, dated July 14, 1676, of William Beale and Richard Rieth, for the selectmen of Marblehead, to the court: "where- as the lawes of this common wealth ordereth that euery Towne shall provide for their owne poore; phillip welch of Topsfeild being reputed A very poore man & of late com with his Family into our Towne of Marble Head without Leaue ob- tained from either Towne or selectmen, also, beeing ackcording To our towne order warned either to depart or giue bond for ye Townes secuitie hee refusing to doe either, wee doubte not but this honnoured court will giue releeffe against this iniust intrusion."
193
RECORDS AND FILES
1676]
frequently attending the public worship of God, was admon- ished.
Isabell Pudeater, wife of Jacob, was sentenced to be whipped with fifteen stripes, upon her presentment for drinking, unruly carriage and abusing her husband and his goods .*
William Bowditch, by his letters and answers, gave such satisfaction to the court for not going home to his wife, that he was dismissed.
Goody Bates, upon her presentment, was admonished.
Edward Bringell, presented for abusing and challenging Goody Bates out of her house and calling her vile names was ordered to be whipped ten stripes. They were to pay charges equally, to Samuell Golthwrite, 3s., Tho. Cooper, 3s., Will. Adams, 3s., horse hire, 1s., Constable Giles, 3s.t
Whereas there was a complaint made against Mr. John Blanoe by Mrs. Elizabeth King that said Blanoe withheld a parcel of land that belonged to his children, which were by her daughter the said Blanoe's late wife, but not appearing, he was ordered to appear at the next Ipswich court, and not to make any waste of the wood or timber growing upon said land.
Whereas there was a complaint made by Wm. Curtice
*John Baker, aged about thirty-six years, and his wife Jone, aged about thirty years, deposed that living near Isable Pudator, wife of Jacob Pewdator, they knew her to be a brawling and contentious woman, & "how yt she carieth both to her husband & her neighbours in her Liue & con- versation neither as ye Law of god or man requireth." Also that they had heard her threaten to be the death of her hus- band and burn his house. Sworn in court.
¡Jno. Vpton, aged twenty-one years, deposed that as he was going along the highway, he saw Goodman Shafflin's ser- vant passing along before him about ten rods distant and as he went by Bateses house, Bateses wife went out and beat him. After the boy cried out, she beat him again several times. Sworn in court.
Samuell Goldthwait, aged thirty-seven years, testified that he saw Edward Pringell (or Tringle), servant to Mihell Shaflin, fling a stone violently at the door side of the house of Goody Bates and heard him call her vile names, etc. Sworn in court.
194
SALEM QUARTERLY COURT
[July
against his servant Jacob Preston, for leaving his service, court ordered that said Jacob serve out his time according to indenture, and also three months more in consideration of the time lost. It was to be understood that said Curtice was to keep him at work at the trade of a blacksmith, and each party to pay his own charges. Tho. Preston was to bear said Jacob's charges .*
Thomas Greene, the reputed father of Remember Samons' child, bound over his ten acres of land that he had lately received from the town, as security for the payment for the keeping of the child from the time it was born until he should take away the child into his own keeping at the rate of 3s. per week, which is to be within one month's time.
Edward Berry and Betteris his wife, presented for not living together as man and wife, were ordered to live together
*William Cortis' petition: "about 22 months since I bought a saruant of Thomas Chandler of Andouer Jacob Prasson by name for about three yares and a halfe time my saruant continued with me about alauen months my family at that time being very sick and Jacob not being very well I gaue him leue and lent him my horse to goe to Andouer to be a while amongst his friends but being taken sick by the way at his Brother there he lay for som time after he recouered he went to Andouer to his father Holts where I was willing he shud be a while: but in the begining of the last winter I sent for my man to com hom and he came hom and there told me that while he was at his father Holts he had groned 3 : or 4 bushells of corne for me and it was thire redy so I let him haue my horse to fech it hom thire he keept my horse about on weeke and then sent hom my horse without corne and also sent me word he whould not com agan to me and ever senc at times I haue ofen sent to him and som times by axsident I haue meet with him and spake to him to com to me and follow my ocasions, which he hath from time to time refused so that I ame gratly damnyfied for wont of his | labor || my dependenc being upon him to help me here in: as also that this honoured court whould be plesd to send for Thomas Presson who hath the couinent or indentuer that showes the right I haue in my saruant it being commeeted to him to keep till it was caled for by partyes consarned and now altho I haue myself and Thomas Chandler togather demanded the indentter of the sd presson yet he refuseth to deliver it for which rong I humbelly crafe the help of this honnored court."
195
RECORDS AND FILES
1676]
according to God's ordinance within one fortnight upon penalty of 5li. fine .*
Isasack Williams, petitioning to be freed from the troop because of his bodily weakness, was dismissed provided he attend the foot company.
Whereas there was entered in the inventory of Jeffery Thistle, deceased, 3li. 6d. in old England money and New
*Betterice Berry's petition, concerning not living with her husband Edmond Berry: "I can proue by Testimony ver- bally & also by writing under his hand ye conditionall covent made Between us before or marriage, ye wch Covent at ye Tyme of or marriage was acknowledged before ye honored Major Hathorne; & likewise I can make proofe by John Glouer whom he employed to come to me as a Friend to speake in his behalf; that ye sd Edm. Berry desired nothing of my estate he desired nothing but my person; but alas how he carried it to me afterwards I know ye Towne & Country hath rung of it, & that it cannot otherwise be but yor worships must of necessity haue heard of his base, brutish & Inhumane carriage to me being truly such as was Impossible for any poore woman specially a woman of my Age to liue with such a person & this I can bring proof of to ye honord Court that he did tell Jnº Glouer that if I would not giue up ye writings that were made between us he would make me weary of my life & so indeed I found it; & so at Length with his consent we parted; & now I haue declared myself as breifly as I could; & doe desire to ly at ye mercy of ye court, for what euer I suffer I am not able to liue with such a Tyrant."
Christopher Waller, aged about fifty-seven years, deposed that having been in discourse with Goodman Plummer, the former husband of Betterice Berry, he told deponent that he lived as comfortably with her as a man could desire and if he had sought all the world over he could not have had a better wife. Deponent also knew that she lived comfortably with both husbands, but he heard Edmond Berry say to her that she should never live a quiet hour with him unless she burned the writings, etc. Sworn in court.
Elizabeth Price, aged about sixty years, and Elizabeth White, aged about seventy years, testified that being at the house of Edward Berry and being sensible of Goodwife Berry's want of help and conveniences, they asked him whether he were willing that she should leave him and go elsewhere. He replied yes, with all his heart.
Richard Croad, aged about forty-nine years, deposed.
196
IPSWICH QUARTERLY COURT
[Sept.
England coin, which money was left in the hands of Henry Hayman and there being testimony given in that the said money was ordered before the death of said Thistle to be delivered to his daughter in England, and Hayman promising to do so, it was ordered that the said sum be discounted as so much paid upon the said inventory.
Fined by Major Hathorne from June, 1675 to June, 1676 :* Verdicts brought in for the June term, 1676.
On 6 : 7 : 1675, Mordecay Larcum, for taking a canoe.
James Shaw, for drunkenness the second time.
Edward Counter, for abusing the constable.
On 22 : 11 : 1675, Wm. Curtice, for affronting the constable.
John Guppy, for abusing "one the preson's," and John Dicer for the same but with more violence and entering the house.
On 5 : 4 : 1676, Jon. Williams' wife, for breach of the peace. Nathaniell Pitman, jr., for breach of the peace.
COURT HELD AT IPSWICH, SEPT. 26, 1676.
Judges: Mr. Symonds, Dep. Gov., Major Genrll. Denison and Major Hawthorne.
Grand jury: Lift. Jonath. Wade, Edward Chapman, Thomas Low, sr., Daniell Hovy, Walter Roper, Robert Long, James Ordway, John Keyly, James Bayley, Georg Kilbourne, Abra- ham Redington, George Abbott, Isaack Comings, and Samuell Worster.
Jury of trials: Capt. Jo. Whipple, Daniell Warner, Wm. Story, Joseph Goodhue, Tho. Low, jr., Sergt. Tho. Waite, Sergt. Dan. Pearce, Sergt. Caleb Moody, Wm. Morse, John Palmer, Sam. Platts and Wm. Averill.
On Apr. 17, 1676, Laurance Clenton acknowledged judg- ment to Mr. Francis Wainwright in wheat, pork or barley.
Jonathan Hart, in behalf of himself and sisters v. John Peach, jr. Review of a case tried at Ipswich in March, 1673. As this case had been heard at the General Court, court would not allow it to be heard here, but ordered them to repair to the
*List of persons fined, returned by Wm. Hathorne, f assistant. +Autograph.
197
RECORDS AND FILES
1676]
General Court for a new hearing or to have it referred to some other court by the General Court for a hearing.
Thomas Gardner v. Mr. Shuball Walker. Debt. Verdict for plaintiff .*
John Emery v. Benjamin Thomson, administrator of the estate of John Godfry. Debt. Verdict for plaintiff. Ap- pealed to the next Court of Assistants at Boston. Benjamin Tompson bound, with Moses Chadwell and Lift. Richard Way as sureties.
Steephen Crose v. Moses Chadwell. Verdict for plaintiff.f
*Writ: Thomas Gardner, jr. v. Capt. Shuball Walker; debt; dated Sept. 13, 1676; signed by Hilliard Veren,¿ for the court; and served by Henry Skerry,# marshal of Salem. Bond of Shu. Walker.
Thomas Gardnar's bill of cost, 1li. 6s. 5d. Mr. Dudly Brodstret mentioned.
Bond, dated Andover, Oct. 16, 1672, given by Shu. Walkerį of Bradford, gentleman, to Thomas Gardner, jr., of Salem, shoemaker, for 3li. 10s. in provisions, in satisfaction of all debts between said Gardner and George Cross, said Gardner's servant. Wit: Dudley Bradstreet# and Benjamin Gerrish.}
+Writ: Stephen Cross v. Moses Chadwell; for not perform- ing his part of a covenant concerning the sloop called the Adventure; dated Sept. 14, 1676; signed by Robert Lord,į for the court; and served by John Lee,# deputy for Robert Lord,¿ marshal of Ipswich, by attachment of a piece of pasture land of defendant's.
Steven Cross' bill of cost.
Robert Lord, marshal, deposed that he served the attach- ment which was for work done on Cross's sloop in Quarter- master Perkins' new room, etc. Sworn in court.
Robert Duch, sr., testified that he was in Boston the last February when there came one William Hamelton, a merchant, to him and inquired where he might hire a small vessel of 20 tons or thereabouts. Deponent directed him to Steeven Crosse with whom he bargained, agreeing to pay him 12li. 10s. per month in current silver of New England. Sworn, Sept. 22, 1676, before Daniel Denison.#
Samuell Duch, jr., aged about twenty-four years, deposed. Sworn, Sept. 22, 1676, before Daniel Denison.#
Robert Crosse, jr., aged thirty-four years, deposed that the covenant between his brother Steeven and Chadwell was never ¿Autograph.
198
IPSWICH QUARTERLY COURT
[Sept.
Robert Crose v. Jo. Cogswell, administrator of the estate of Samuell Cogswell. Debt for a steer, in corn and money. Verdict for plaintiff .*
fulfilled, for the latter was bound to gunwale the sloop and make it fit for the sea which he never did but kept the vessel a long time. Sworn in court.
Benjamin Chadwell, aged about thirty-four years, deposed that there was a bargain between Moses Chadwell, Steeven Cross and Samll. Cogswell for the rebuilding of the sloop and that Cross and Cogswell provided iron work, tar and okum. Sworn, 18 : 7 : 1676, before Wm. Hathorne, t assistant.
William Bateler, aged about twenty-five years, deposed that in 1672 about the middle of the winter, he was in Boston and met Steeven Cross buying nails and speeks which deponent took to Line where the sloop lay, according to Cross' request. Sworn, Sept. 21, 1676, before Daniel Denison.t
Thomas Kemble, aged about fifty-six years, deposed that he wrote the covenant in which Cross was to deliver to Chad- well boards at Mr. Ralph King's cove or landing place, which boards they said were to have been delivered at a creek called Driver's creek. Deponent further remembered that upon signing the covenant they agreed that the old covenant which was in one Domingo White's hand was to be void. Sworn 23 : 7 : 1676, before Thomas Clarke,t commissioner.
Ezekiell Needham, aged about thirty years, deposed that being in Boston he was a witness to the second covenant, etc. Sworn, 25 : 7 : 1676, before Wm. Hathorne,f assistant.
Domingoe White deposed. Sworn in court.
Samuell Tarbox, aged about twenty-nine years, deposed that Stephen Crosse lodged at Lynn on account of the sloop not being finished from the middle of March to Apr. 22, 1673. Sworn in court.
*Writ, dated Sept. 20, 1676, signed by Robert Lord,t for the court, and served by Robert Lord,t marshal of Ipswich.
Agreement, dated Nov. 23, 1672, between Steeven Crosset and Samuell Cogswellt of Ipswich on one part and Moses Chadwellt of Lynn on the other part, the latter "to build upon a Sloop Caled ye aduentr which now Lays in Drivers Creak Yt is to say one streak of nine inches broad Round fore & haft & to bring on a Rayle & leaue an opening of fowr Inches betwix ye planke & ye Rayle & to gonell out to ye Rayle fore & hafet & to sporkett her worke man Lik & to greaue her & mak her fitting to ye sea," Crosse and Cogswell to provide +Autograph.
199
RECORDS AND FILES
1676]
Edmond Marshall v. Mr. Thomas Saxton. For with- holding 12li. Verdict for plaintiff. John Jacob, attorney to Mr. Daniell and Mr. Saxton, appealed to the next Court of Assistants at Boston and was bound, with Capt. John Whipple and Quartermaster Perkins, as sureties .*
all iron work, tar and okum and to pay 6li. in pine boards delivered at Driver's creek at Lynn at Ili. 15s. per M. Wit: Domingoe Whitet and Samuell Tarbox.t Owned in court.
Bond of Roberte Crosse, t dated Oct. 29, 1675 to pay to John Cogswell the income of 29li. for ten months provided the court recovered against him. Wit: John Andrewest and William Goodhue.t
*Writ: Edmond Marshall v. Mr. Tho. Saxton; for with- holding 12li. for wages in the ship Apollo of which he is com- mander; dated Aug. 22, 1676; signed by Elias Stileman, t for the court; and served by Israell Phillips,t constable of Portsmouth. Capt. Thomas Daniell bound for said Sax- ton's appearance.
Thomas Saxton's bill of cost, 18s .;
Edmon Marshall's bill of cost, 5li. 1s. 3d.
Bill, dated Barbadoes, July 1, pd. to Edmond Martial in Barbadoes, being Money Lent By Mr. Abraham Bartholo- mew, 8 peeces of 8, 2li .; pd. By Thomas Saxon To sd Martiall 20 p in money in Barbadoes to pay 25 p Cent, 1li. 5s .; pd. to Mr. Marsh Innkeper in Newbery, 1li. 15s. 11d. Pd. To sd. Mr. Marsh for Benjamin Martial, 1li. 12s. 6d.
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