USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 24
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"It. I giue to Joseph Swasy one heafer Calfe. It. to the wife of Joseph Swasy I giue one old ewe sheep It. I giue to Roger Haskall his chilldren two ewes. It. I giue to my son Joseph Harding's Chilldren two ewes. It. I giue my two Ram Lambs to the Chilldren of my son Joseph to be equally diuided It. I giue my weather sheep unto Nathaniell Pickman. It. I giue to John Hascall one Steere It I giue the Remainder of all my Estate within the house and without to my son Joseph & to my daughter Elizabeth & son Roger to be equally diuided only to pay twenty shillings to Mr Samuell Sharpe which I giue him out of my Estate And I appoynt sergent John Porter to be in the Roome and steed of a feoffe for my daughter Elizabeth for the land and Goods giuen to her And I appoint Sergeant Porter and Jeffrey Massey to be ouerseers." Wit: Edmond Batter and Nathaniell Pickman. Copy made by Hilliard Verin,* cleric.
William Haskell, aged about fifty-eight years, and Mark Haskell, aged twenty-six years, testified that seven years before the estate willed to the children of Rodger Haskell was sued for by the guardian, Josiah had been gone from Edward Bery seven years, Rodger five years and Samuell and Sarah about one year and a half. The reason why they went from Bery was because he would not bring them up as their mother by their father's will was to do. Sworn in court.
William Hascol, aged about fifty-eight years, and Samuel Gardner, aged about forty-eight years, testified that upon the trial between Edward Berrey and Nicholas Woodberry
*Autograph.
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IPSWICH QUARTERLY COURT
[Mar.
Mrs. Elizabeth Newman, administratrix of the estate of Mr. Antipas Newman v. Abraham Read. For building on, breaking up, improving and keeping a parcel of land. Ver- dict for plaintiff, the title to the land in controversy .*
of Sallem, of an action of the title of four score acres of land lying near Wenham Pond, they heard Elizabeth Berrey say in open court that when her husband Rogger Hascol gave the abovesaid land to his sons John and William Hascol, that he had her will and consent and was also willing that Nicholas Woodbery should enjoy the land. Sworn in court.
William Dodg, jr., aged about thirty years, and William Dodg, 3d, aged about thirty years, deposed that Edward Berry leased out the land and cattle that were willed to the children to John Knight, sr., for less than half their worth and gave him liberty to use timber and wood which he did to the amount of 10li., besides about 12li. in cattle, etc. Sworn in court.
Mark Haskell, aged about twenty-six years, and William Dodg, 3d, aged about thirty years, deposed that Edward Bery had 33li. out of the children's father's estate for pay- ment of debts, and also that before deponent's uncle William Haskel was appointed guardian, said Berry sent word to said uncle by deponent that he could not keep the children of Rodger Hascol any longer and for him to take away deponent's brother Josiah. Sworn in court.
*Writ: Mistriss Elizabeth Newman of Wenham, adminis- tratrix and relict of Mr. Antipas Newman of Wenham, minis- ter, lately deceased v. Abraham Reade; for building, breaking up, improving and keeping a certain parcel of land which lay in the land that was in the possession of John Winthrop, Esq., and several years since given by said Winthrop to said New- man, which land lay on Royall side or in that land known by the name of salt house neck in Salem, and which Mr. Daniell Epps, as her attorney, demanded of said Reade and he refused to deliver it; dated Mar. 19, 1676; signed by Samuel Sy- monds,t Dep. Governor; and served by Daniel Andrew, t constable of Salem, by attachment of house and land of de- fendant.
The inventory of Mr. Antipas Newman showed a parcel of land at Royall side at 40li., as certified by Robert Lord, t cleric.
"I the subscribed doe acknowledg that the land aboue mentioned was given to my brother Newman deceased by my Father after mr Newman marryed my sister, and this +Autograph.
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I acknowledg as I am one of the executers to my Father, and know that the rest of the executrs will owne the same. "Wait Winthrop."*
Major Winthrop in open court acknowledged the fore- going, Mar. 27, 1677, as attest, Robert Lord,* cleric.
"A Draft of ye manner of ye Lying of ye Land of Mris New- mans on Royal Neck in Salem Townshipe: p mee Daniell Epps* this 28th March 1677: as neare as I can by ye Poynts of ye Compass"
South.
East
Salon
Noch
For A house por
Sali-House-222
north fords
workingrons R
2-
Gafe Ricon
820
soni brook
& found
Salt house Point and Old Ferry Landing, on what is now Rial Side, Beverly.
Robert Hebbed and Francis Nurse testified, Mar. 28, 1677, that "that parcel of Land here described on Royall necke was ye Land Possest & inJoyed by John Winthrope, Esqr. for some yeares about 34 or 35 yeares past according to ye Bounds herein described."
Letter of attorney, dated Mar. 15, 1676, given by Elizabeth (her mark) Newman of Wenham to Mr. Daniell Epps, sr., of Ipswich. Wit: Will. Norton* and Daniell Epps .*
"I Roger Conant* being desired to speake what I could *Autograph.
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IPSWICH QUARTERLY COURT
[Mar.
remember about Mr. Winthrops Farme or land laying att the salthouse on Royals necke, doe testifie hereby that I was one that did lay it out with and by the order of Salem Towne, and Old John Woodbery was a second man apoynted to lay it out with me, and as I remember Captaine Traske was the third man for the laying it out, as for the length there of, it ' was along Woolistons River sid, from the salthouse corner up to a second brooke (called as I remember stonie brooke) towardes Mr. Endicots farme on the riuer side that way, and Woollistons riuer was the bound all along on that side from the salt house to the affore sayd second brooke, and wee running a lyne on the other sid next Basse riuer|| from the salthouse|| could not goe over the Cove because of the watter or tide that was in the same, the coue runing out from basse riuer into the land wee were laying out (most of the length of the coue being in M' Winthrops land) wherefore wee went about the coue and on the uper, or other sid of the coue In- signe Dixie had a strap of saltmarsh lying, and there at the head of his marsh we marked a great tree for A bound, the river called basse riuer being the bound from the salt house to that tree, and from that tree at Dixies marsh || at ye west end || the line was run to an other tree that was a bound and marked from the mouth of stonie brooke in the wood north- ward from Woolistons riuer, and to the utmost of my mem- orie (it being thirtie and od yeares past) the breadth of the land at stonie brooke was equall with the breadth from the tree at Dixies marsh to Woollistons riuer." Sworn, Feb. 24, 1673, before Samuel Symonds,* Dep. Gov.
Copy of the record of a meeting of the selectmen, 27 : 2 : 1654, Mr. Curwin, Capt. Hauthorn, Mr. Conant, Jno. Porter, Jeffry Massy, Mr. Price and Edmond Batter being present, "Graunted to Henry Scerry all yt upland Lying wthin ye fence of Jnº Bachelder yt doth fence In his Salt marsh on Ryall Side prouided, itt must Lye In Common, when ye Crop is taken of from itt." Copy made by Jnº Price,* recorder.
Deed, dated Oct. 8, 1673, given by Henry Skerry, sr.,t of Salem, to Abraham Reade, "a certain pcell or pcells of land or two poynts of land containing by estimation, about six acres of land in & belonging to the sd two poynts or necks of land situated lying & being on Rialls side in willistones Riuer soe cal'd it being the two necks of land that lyes below the stony coue soe cal'd downe the Riuer to the sothward, it being all my Right that I had giuen me by the Towne of Salem in that place, the salt marsh yt lyes at the head of the coue between the two poynts excepted, being none of my
*Autograph.
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land." Wit: Hilliard Veren, senr .* and Hilliard Veren, jr .* Acknowledged, 20 : 1 : 1677, before Wm. Hathorne,* assist- ant. Entered in the records in Salem, book 4, fol. 149, 26 : 1 : 1677, by Hilliard Veren,* recorder.
Nath. Pickman, sr.,* aged about sixty years, testified that "30 odd yeares past I Built a House for John Winthrope Esqr at ye Poynt on Royall neck and yt Mr Winthrops Land went from ye lower poynt vnto a Second Brooke called Stonie brooke which runs in to Woolistons Riuer ye sd Woolistons Riuer being ye Bound all along on that side and from ye salt house bass riuer bounded it vnto a Coue which coue ran some considerable way into ye land but on ye upper side of ye Coue there was a small strap of Salt marsh & at or near ye end of ye sayd marsh towards ye mouth of ye Coue there was a great tree marked which was Mr Winthrops bound And I ye sayed Pittman doe further testifie that Mr. Winthrop did make improvement of a salt house there upon sd Land & kept a familie there a Considerable time and that all persons were forwarned meddling with any wood or Timber & all ye while I had occasion to worke there I know not of any yt did or durst medle with any wood or timber upon ye sd Land but what I and others sold & cut out for ye use of M' Winthrop." Sworn, Mar. 14, 1676, before Samuel Symonds,* Dep. Gov- ernor.
Daniell Epps, sr., aged about fifty-two years, and Daniell Andrews, aged about thirty-three years, testified that he demanded the house and land of Abraham Read but he claimed that the land was his, that he had had possession of it about three years and built the house then upon it, etc. Sworn in court.
Robert Hebard,* aged about fifty-eight years, deposed that about thirty-three or four years ago he dwelt with Mr. John Winthrope at the salthouse upon Royall side when the lot layers laid out the land, and saw the bounds marked. Also that Mr. Winthrope enjoyed and possessed this land all the time he lived with him. Sworn, Feb. 24, 1673, before Samuel Symonds,* Dep. Gov.
William (his mark) Bennet, aged about seventy-three years, deposed that "when John Winthrope, Esq' was at ye Salthouse 30 odd yeares past yt I haueing occasion to worke there upon Carpintry worke some times for M' Winthrope & some times hewing Timber for ship or vessells vse upon ye Comon Lands Adjacent M' Winthrope haueing a house and Family there some considerable time & carried on ye designe of making salt," Mr. Winthrop showed him the bound marks, etc. When Mr. Epps desired deponent to
*Autograph.
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IPSWICH QUARTERLY COURT
[Mar.
Robert Crose v. Hugh Marsh. Debt. For 16,000 feet of merchantable pine boards. Withdrawn.
Selectmen of Newbury v. Capt. Paull White. Review. Nonsuited.
John Emery v. Benjamin Tompson. Verdict for plaintiff. Appealed to the next Court of Assistants at Boston. Ben- jamin Tompson bound, with Lift. Richard Way and Jonathan Moore as sureties .*
Hugh March v. Steephen Crose. For withholding 12,078 feet of boards. Withdrawn.
Sergt. Thomas Clarke v. John and Joseph Prockter. Debt. Withdrawn.
show the bounds three years ago, he saw a little house built upon the land. Wit: Daniell Eppst and Lionel Epps.t Sworn before Daniel Dension.t
*Writ, dated Boston, Mar. 9, 1676-7, signed by Ephraim Turner, t for the court, and served by Samuell Davis,t con- stable of Charlestoun. Bond of Benjamin Tompson.t
John Knight, sr., deposed that some time the last summer he agreed with Mr. Benjamin Tomson of Charlstoune for a bill he had once due to John Godfary, and deponent paid Tomson, said bill being made to Godfary from Jams Jakman at Neubery. Sworn in court.
"That wheras there was formerly a deed of Gift of my estate drawne from me John Godfry unto Beniamin Tomp- son of Charlstowne, the which done by fradelant meanes, my selfe and most of the company being drunke at the same time, he engageing to pay unto me for my yearly maintenance, the full & iust sum of ten pound in silver, the which was never payd to me to the value of one farthing, though the sd ten pounds, was yearly engaged to be payd dureing my life, I also upon our agreement, was to have liberty to make use of all of it, or any part of it, if I had ocation, use of it for my nes- sessary use and suply of my nesessityes, all that ever he did for me, once when I was in Boston prisson he was an occa- tion of my being let out, the truth of which I being in pfect sence and memory I do protest upon my soule before God and as I am a dyeing man. In testimony whereof I sett my hand the twenty sixt of July 1675." John (his mark) Godfry. Wit: Charles Nicolatts and Samuell (his mark) Steeven. Sworn, in Ipswich court, Sept. 29, 1675, before Samuell Sy- monds, Dep. Govr., and Wm. Hathorne, assistant. Copy made Mar. 27, 1677, by Robert Lord,t recorder.
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Deacon Wm. Goodhue v. Wm. Bennett. Debt. Said Bennett acknowledged judgment to Goodhue in wheat, pork and malt.
Major Genrll. Denison v. Richard Hutton and John Wal- derne. Debt.
Wm. Jarman acknowledged judgment to Richard Knott in fish or mackerel.
Mr. Jonathan Wade, foreman of the grand jury, for non- appearance, was fined.
John Hale was licensed to make sturgeon at Nuberry.
Thomas Greenslett dying intestate, court granted adminis- tration upon his estate to Ann Greenslett, who was to pay the debts as far as the inventory, which was 3li. 16s. 2d., would allow.
Mr. John Woodbridge, Nicholas Noyse and Daniell Pearce, jr., were confirmed as commissioners to end small causes for Newbury.
Court being informed that great danger and much damage had happened to divers persons by reason of the flume at the mill in Ipswich not being sufficiently secured, ordered the owner, overseer or occupier, within fourteen days, to cover the said flume closely and sufficiently with strong planks, well fastened, and that the head of the flume be well guarded with a sufficient grating to prevent all future damage, under penalty of 10li. to be levied by distress of the master or present overseer or occupier of said mill.
It was further ordered as formerly that a gate or passage be constantly left open for the passage of alewives up the river for a month's time in the season.
John Cole of Marblehead dying intestate, court granted administration to Mr. Thomas Gardner, and there being an inventory brought in contained in two papers, and one child left, court ordered that the one paper containing 25li. 6s. 6d. be for the child wholly. For the rest of the estate, court ordered that said administrator be gathering in and paying debts and account to the next Salem court.
Wm. Randall being convicted for setting a lamp on fire, court ordered that he pay 10li. to Edward Bragg, also be whipped and stand committed until whipped. He was then to be delivered to his master.
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IPSWICH QUARTERLY COURT
[Mar.
Ezekiell Woodward had his license renewed for a year, also his license for liquors.
Hugh Marsh had his license renewed for a year, also his license for liquors.
John Stone had his license renewed for a year, also his license for liquors.
Andrew Peeters had his license renewed for a year.
Edward Hassen had his license renewed for a year, also his license for liquors.
Mr. Peeter Duncan.
Sarah, widow and administratrix of her husband John Hutchenson's estate, petitioned the court for a division of the estate between herself and her child, that is, that the child should have one-half of the land when she becomes of age, as may appear by two deeds given by her father and father-in-law, and that at said Sarah's decease she should have as much of the other half as to give her two-thirds of the whole; that the rest of the estate be for Sarah's own use, the child to have a feather-bed when of age. Her father Putnam and father Hutchinson consented to this agreement and signed as witnesses. Court allowed this distribution, Sarah to bring up the child until she reached the age of eighteen or marriage.
Joseph Steevens and Ephraim Foster, for their offences about trimming the horse of Nathaniell Roper, were fined .*
*Warrant, dated Feb. 9, 1676, for the apprehension of Joseph Stephens, Ephraim Foster and John Bridges upon complaint of Nathaniel Roper for abusing his horse about six weeks since, signed by Daniel Denison,t and returned by Nathl. Dane,t constable of Andover.
Summons, dated Mar. 15, 1676-7, to John Faukner, Francis Dane, jr., Richard Barker, Daniel Poore, Samll. Ingals and John Marstone for appearance at the next Ipswich court, as witnesses in Roper's case for abusing the latter's horse by cutting off his hair, signed by Daniel Denison,t and re- turned by Nathaniel Dane,t constable of Andover.
Elizabeth Smith, aged about twenty years, deposed that Joseph Stevens and Ephraim Foster came to her house the day after they had appeared before Major Generall Denison and she told Joseph that she could not imagine which of all the
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Ephraim Steevens, for reproaching a magistrate, was fined. Abated, upon his humble petition.
Joseph Gudridge was fined for striking Joshua Boynton.
brothers it was who trimmed Roper's horse and he said it was he who was suspected but he did not do it. He asked deponent where Ruth Ingolls lived, "and he told me that little Tike and the Major had a list of all Andiver men; but I will asure you the Major Generall has none of those men in his list that Trimmed Nat: Ropers horse; and soe he danced and skip'd about ye house as if he had beene mad." Sworn in court.
Ephraim Roper, aged about twenty-six years, deposed that being at the house of John Sparke, John Bridges being there, said that Joseph Stevens asked him where Nat. Roper's horse stood, and he said at his uncle Barnett's. He asked what manner of horse he was, and he told him a small sorrill horse, not thinking why he asked until the next morning when he heard and saw what was done to the horse. Afterward Bridges told deponent that he meeting with Stevens said to him that if he were Roper he would charge said Stevens with it, and he went away blushing and said never a word. Elisabeth Smith testified to the same. Sworn in court.
Ephraim Roper said that the reason he brought in these testimonies was because John Bridges had disowned it before the court. Sworn in court.
John Sparke and his wife Mary testified that John Bridges said he knew nothing about the trimming and Mary said she had been in the town and heard that there was one in Andiver who knew something about it. Bridges replied that it was his man, and when he should come down he would probably tell all about it for he was a very honest fellow and would tell the truth. Deponent asked him where he and Nat. Roper were that night and he said at Serjeant Ingollses, where there was a company of young lads, among them Joseph Stevens, and that the latter and two others sat whispering and laugh- ing, until he wondered if they were laughing at him. Also that he and Roper went home at ten o'clock, the young men going a little before. Elisabeth Smith attested to the same. Sworn in court.
Thomas Dow, aged about twenty-three years, deposed that Joseph Stevens said in John Sparke's house that he who did the ugly trick was probably very sorry he had done so, but Nathanaell Roper he said had left out two of the chief ones in his list, viz., the clerk and the ensign. Sworn in court.
Ephraim Foster deposed.
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IPSWICH QUARTERLY COURT
[Mar.
The case being heard, his bond in the Deputy Governor's hand was void.
John Cooke was ordered to pay cost in an action brought against Ens. Jo. Gould and not prosecuted.
Daniell Button dying intestate, administration upon the estate was granted to John Bartlett, sr., of Newbury, who was ordered to bring in an inventory to the next Ipswich court. The estate was to be ordered according to his mind, a cow to James Kingsbury, and the rest of the estate to the rest of his brothers and sisters.
In the complaint of the widow Hasseltine against Nathan Webster about killing her mare, he was to pay costs and damages .*
*Warrant, dated Mar. 17, 1676-7, for the appearance of Nathan Webster, upon complaint of Anna Hazeltine for suspicion of shooting her mare, signed by Daniel Denison, t for the court, and returned by Abraham Hazeltine,t constable of Bradford.
Summons, dated Mar. 17, 1676-7, to David Hazeltine, Abraham Hazeltine, Henry Kimbal, Mercy Kimbal and Robert Hazeltine, signed by Daniel Denison.t
Robert Hesseltine, aged about twenty years, deposed that the past winter when his mother Hezeltine's mare was killed, he was at the house of his cousin Nathan Webster and asked him who he thought killed her and he said he did. Deponent asked him again and he said "yea, I think it was I." The day after the mare was killed Nathan Webster was at their house and said he would carry home his plain shoes till he went to kill more horses again. Sworn in court.
David Haseltine and Abraham Haseltine, inhabitants of Bradford, testified that after they heard that their mother's mare was killed, they saw tracks where a man with plain shoes had gone into the field, a dog following him, and found a piece of tow which had been the wadding of a gun, the mare having been shot with a bullet. They tracked the man to the highway and to the house of said Webster, etc. Sworn in court.
Nathan Webster affirmed that Anna Haseltin told him that the mare was Robert's before his father died.
John Watson, aged about thirty-three years, testified. Sworn, Mar. 11, 1677, before Nath. Saltonstall,t commissioner.
Henry Kimball, aged about twenty-two years, deposed tAutograph.
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George Major, for burglary and stealing pork and beef from John Knight, was fined and ordered to be branded on the forehead with the letter B and bound to good behavior .*
that being at Nathan Webster's house, and having heard Mr. Sims preach against the sin of cruelty and revenge, one neighbor against another, he told Nathan it was a pity that he was not at meeting to have heard it. He further asked Nathan why he killed his aunt's mare and he said to make mares a commodity for he wanted a market for his; when asked if he killed Robert Hazeltine's mare, he answered "yea," and when asked how long he had reigned in his wickedness he answered all the days of his life, etc. Mercy, wife of Ben- jamin Kimball testified to the same. Sworn in court.
Thomas Hardee and Caleb Hopkissen deposed that the latter end of the last year they being at Mr. Sims watching, Nathan Webster said that he killed the sheep of his uncle Robert Haselton when they went into his lot and stopped the holes where they got in with them. Sworn, Mar. 26, 1677, before Nath. Saltonstall,t commissioner.
Robert Haseltine and Girshum Haseltine testified. Sworn, Mar. 26, 1677, before Nath. Saltonstall, t commissioner.
Abigale Roffe, aged about sixteen years, deposed that she dwelling in John Heseltine's house, etc. Sworn, Mar. 26, 1677, before Nath. Saltonstall,t commissioner.
Josiah Gage, aged about twenty-eight years, deposed that being at the house of John Heseltine of Heaverhile, Webster said that if he killed the mare it must have been in his sleep. Sworn, Mar. 26, 1677, before Nath. Saltonstall, ¡ commissioner.
Letter of attorney, dated Mar. 24, 1676-7, given by Ann (her mark) Haseltine to her son David Haseltine. Sworn before Nath. Saltonstall, commissioner.
*Summons, dated Mar. 19, 1676-7, for the appearance of George Major, also to witnesses, John Badger, Joseph Knight, Hugh Pike, Joseph Downer, Mary and Sarah Knight, James Black, Jon. Mechill, and Ja. Mirik, and to John Tappin, John Coffin, and Robin, Hugh Marster's man, as witnesses in another case concerning the Richardsons, and William Saiier, jr., Edward Ardway, - Seers and Tersa Tidcom, signed by Daniel Denison,t and returned by Joseph Pike,t constable, who reported that Major's wife could not leave her sick child without danger.
John Badger and Joseph Knight deposed that they went to Georg Mogior's house to look after some meat that was stolen or lost out of the house of John Knight, sr .; they found
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IPSWICH QUARTERLY COURT
[Mar.
a piece which Knight said was his but Goodwife Magior said she had it of Goodwife Kely. The latter denied it and Knight sought to prove that it showed in his barrel of pork where this piece had been taken out, etc. Sworn in court.
Mary and Sara Knight deposed that they asked Mogier's girl where her mother had put the meat and the bag and she went to speak to her mother about it. Her mother struck her in the mouth and said "Husy, you shall not tell, thay shall never know whear it is and I will make it my bisnes night and day to cep her in." Later a dog was seen eating a leg of good fresh pork a little below Major's house. Sworn in court.
Joseph Knight testified that Major's wife said she had the pork of Sara Kelly, etc. Sworn in court.
Hiugh Pick testified that Major's wife told his master Knight that some of the Knight children must have brought the meat to her house and put it in her barrel or in at the window. Knight replied that would not be rational, etc. John Knight, sr., testified to the same. Sworn in court.
John Michell .* aged about twenty-six years, deposed that the year before last when he lived with Mr. Richard Kent, Georg Mogiar tried to persuade him to steal from his master a cheese now and then, saying that it would never be missed, but deponent told him he would never be a thief. Sworn in court.
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