USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 25
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Joseph Dounar, butcher, aged about thirty-six years, de- posed that he killed and cut up John Knight's swine, etc. Sworn in court.
Joseph Knight, aged about twenty-five years, deposed that he went to Georg Mogier's house and asked where his meat was that was brought to his house at break of day. She turned pale and then blushed as red as a red cloth. He asked what meat she had in the house, and she replied that maybe she had forty pieces of pork and four or five pieces of beef. He asked what they had lived on all winter if she had so much left now. Also that the houses of deponent and the Major's were near together, etc. Sworn in court.
John (his mark) Whichar, aged thirty years, and Hanah (her mark) Spoford, aged twenty-one years, deposed that Georg Mogior came into their house and speaking of John Knight's pork, said "If I haue his pork I wish the devill might teare mee in pecces body and soalle as small as my tobacco pipe and I wish the devill would fech away John Knight boody and soalle and all that dou belong to him . . Sara Keally saide how dow you dare to wish such wishes dounot you knowe
*Autograph.
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Benjamin Kimball chose Walter Fairefield to be his guar- dian.
Pricilla Law chose John Bayly to be her guardian and the court allowed it, upon the same terms that his father James Bayley was, to whom she was formerly committed by the court.
Ossmund Traske of Beverly dying intestate, administra-
that god hears you: yeas said hee: but I must wish such wishes and will wish soch wishes: saide John whichar get the out of dores for if thou dust follow this coarse thou wilt Com to the gallos: saide Mogior I care not If I dow I wish I wear out of the world."
Jams Black testified that about half an hour before day when his master had gone to Boston, hearing some noise in the house, arose, took his breeches and shoes in his hand, went down stairs and saw Georg Magior carry away a sack of meat. His master kept the beef in the parlor and the pork in the kitchen. Major told him if he would say nothing about it he would give him something he liked. Deponent went to Major's house later and saw the meat on the floor and Goodwife Mogior said "thee art a good boy Jams; said I why: I good boay. my husband tell thee anon: when he Com hom." Major said "good Jams Cepe Counsel and when thy mastar coms home hell mis his meat and Charg thee for stelling it but tell him thee dide never giue any body on bit and thee speckist trou: then heell Com to mee and ask mee: why I did case his neggar to steall meat for him: and I will strongly afirm I had: nara bit of meat of thee," etc. Also Magior several times urged deponent to steal from his master powder and wool, and his wife asked him to take her little white bag to steal meal and sugar, etc.
Hugh Pick testified that Mogior asked him to steal powder, etc.
Anthony Mors,* aged about forty-five years, deposed that some time last summer "Georg Mogior cam by my houss and Ran after my boye with his gun presente at the child and hee being afraid Ran into a hogsty from him I Coming to see the matr asked him whiy he Ran aftr my bwoy: he the said Mogior gaue mee vary bad languidg and saied Ill shute the doune presently: & presente his gun at me Redy Kokd and chargd and I did loock emediatly to bee ciled: but thoro gods prouedenc wee got away his gun and then he drad his sord and swagared with it till wee got that away also."
*Autograph.
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IPSWICH QUARTERLY COURT
[Mar.
tion upon his estate was granted to Elizabeth Traske, relict and widow of said Ossmund, and an inventory amounting to 841li. 9s. 5d. was brought in. The estate was ordered accord- ing to an agreement in writing presented and allowed.
Richard Woolery was fined for cursing more than once and was ordered to pay costs to Joseph Pike, constable.
Hester Holmes, relict and administratrix of the estate of Robert Holmes, having brought in an inventory of 20li. clear estate and two children left her, court ordered the estate to her for the bringing up of the children.
Edward Maners having stolen 30s. from Wm. Damford in money and goods and being committed to prison to appear at this court, and having broken prison and made his escape, court ordered that said Damford have his things restored to him, and Manners was fined.
Abigaill Morse was ordered to be whipped for fornication unless she pay a fine.
Sarah Gowin was ordered to be whipped for fornication unless she pay a fine.
Joss, merchant Wainwright's negro, was ordered to be whipped for fornication, and to pay to Sarah Gowin or her father 2s. per week every week or 8s. per month or to be distrained for it by the marshal.
Wm. Latimore, being complained against by a testimony of Thomas Browne, was ordered to appear at Salem court.
Hanah Howard, for fornication, was ordered to be whipped or pay a fine.
John Hunkins was bound to appear at the next Ipswich court, with Joseph Lee as surety.
Thomas Leonard, Samuell Moore and Blaze Vinton for robbing upon the highway, were ordered to be branded upon the forehead with the letter B and each to pay to Wm. Latti- more five nobles and to Richard Simmons, 20s., and for affront- ing and abusing Bellringer and Stace upon the highway, they were fined and bound to good behavior. Court ordered the marshal to pay out of what was allowed to Bellringer and Simmons to Mr. Latimore 15s. each for their charges in prose- cuting .*
*William Lattarmore testified that upon the 9th day of
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this month coming from Boston in the evening near Gorg Darling's, he met with Tho. Lenard, Samuell More and Blaze Vinton in the King's highway. "The furst salutation that I had Tho. Lennard bid me stand: and Asked me whoe was thare and I made Answer we ware men: then Lenard chal- inged us of our horsis to try our manhood and said that he would take me by ye Iylides and make my heels strik fiar against the eliment: sum small spass aftar these words the abouesaid lennard and Samuell more folowed me and plucked me of my horse and robed me and touck from me: a gould ring tow shilings in monny of silver and Gould ribbin: and fower yards of silver twest." Sworn, 18 : 10 : 1676, before Wm. Hathorne,* assistant.
Richard Simons testified that he was with William Lattar- mor and John Trevit, and was pulled from his horse, chased and forced against a tree, where they struck him as many as a hundred blows. At last someone came from Darling's and rescued him or else he might have been robbed for he had a great deal of money about him, etc. Sworn, 18 : 10 : 1676, before Wm. Hathorne,* assistant.
Lenard Bellringer testified that some time last December coming from Salem upon a Saturday night at Forris river, he laid down his net lines at the foot of the bridge. Three horsemen came along, the same who abused Latamore, and Sam. Moore stooped down with his stick, took up the lines and threw them into the river, saying, "You doge fetch them out or els I will put you in or throw you into the rivar." So he was obliged to get his lines from the river and they beat him and told him never to sit on a bridge when gentlemen pass by. Sworn, 16 : 1 : 1676-7, before Wm. Hathorne,* assistant.
John Bassay testified that about Dec. 9 in the evening he, Samuell Peeke and Mr. Blainar saw Tho. Lenard, Blaze Vin- ton and Samull More go into Gorg Dalings house and stay awhile, and after they went away deponent heard a great combustion, men cry out and blows pass. They went into the house and found Richard Simons down and some of the before mentioned men upon him, but when they saw them they left him, etc. Sworn, 22 : 11 : 1676, before Wm. Hath- orne,* assistant.
Jno. Trevett, aged about twenty-two years, testified that the three men met with them between Darling's and Rich- ard's houses "in ye Dusk of ye Euening and these men asked who Comes there we Answered friends they Bid us stand but we thought noe harm but Rid on our way," etc. Mr.
*Autograph.
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[Mar.
Upon strong information by divers persons that Wm. Lattimore said that Blaze Vinton did not strike him but en- deavored to rescue him, court respitted that part of the sen- tence of branding until Salem court. Said Vinton bound for appearance at the next Salem court, with his brother John Vinton, as surety .*
Samuell More was bound to good behavior, with Richard More as his surety.
Blaney rescued them, etc. Sworn, 22 : 11 : 1676, before Wm. Hathorne,f assistant.
Jno. Stascye, aged about twenty-six years, deposed that coming from Salem in the south field, the three men overtook him, took his hat off and carried it away, etc. Sworn, 18 : 10 : 1676, before Wm. Hathorne,f assistant.
Jno. Blanye, aged about forty-six years, testified that he with Samuell Pike and Jno. Basye had some business at George Darling's house where they found the three men complained of, having two pots of cider and cakes. When they had paid, the three bade them farewell and away they went. One of the men they assaulted was from Boston and had nearly a hundred pounds with him, etc. Sworn, 18 : 10 : 1676, before Wm. Hathorne,f assistant.
Samuell Pik,t aged about twenty-two years, testified on 22 : 11 : 1676, etc.
*William Lattemor testified that when he was robbed on the highway Blaze Vinton pulled the men from him and if it had not been for Vinton, they would have murdered him. Sworn, 10 : 2 : 1677, before Wm. Hathorne, f assistant.
Thomas Browne, aged twenty-two years, testified that he being at Theophilus Baylye's house and hearing a noise upon the common, crying murder, found William Latymore fight- ing with a man and striking many blows, calling him odious names not fit to be spoken by men, as rogue, bastard and fool. Sworn, 10 : 1 : 1676-7, before Wm. Hathorne, f assistant.
Edmond Bridges deposed that discoursing with Belringer about the fray, the latter said that if ever he met with Blaze Vinton, "if I haue but one shilin he shall haue part of it for when more and Lenard was foule on me Vinton stood a prity way from us and leaned on his horse and nether said nor did to my damige."
Joseph Holoua, aged thirty years, testified that being at Goodman Balie's house at Lin, etc.
tAutograph.
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Thomas Leonard was bound to good behavior, with Ens. John Gould and John Newmarsh as sureties.
John Lee, for knocking down Daniell Hovey and abusing the constable, was fined and bound to good behavior. Said Lee was bound, with Esaiiah Wood and Wm. Hayward, as sureties.
Joshua Richardson, Caleb Richardson and Edward Ord- way complained of for breaking up the meeting house at New- bury and breaking a pew and chairs, were tried by a jury and found guilty. They were to be whipped or pay a fine and were also bound to good behavior .*
*Tristram Coffin, aged forty-five years, testified that he saw Joshua Richisson on Wednesday, the next day after the pew or seat was broken in January, and he could go as well without limping as ever he could. Sworn in court.
Tristram Coffin, aged forty-five years, testified that the day the pew was broken, the windows of the meeting house were all fast and the window which was broken was fastened with two hasps. One hasp was broken and the glass broken. Sworn, Feb. 22, 1676, before Daniel Denison.t
Robard Carr testified that Joshua Richisson had his great coat on the night he saw him at his father's house when de- ponent was sent to carry a warrant to Ensign Grenlefe's house, it being the same night that the pew was broken. Sworn in court.
Anthony Morse, sr., f affirmed, 23 : 12 : 1676, that he was appointed to look after the meeting house and had been care- ful to make fast all the windows and doors, but notwith- standing, the windows had been broken several times and the meeting house made common by reason of such disorders. The door was daubed with a sarrowans and the key hole stopped up with it so that he had difficulty in opening the door. Sworn in court.
Tristram Coffin testified that there was a sarrowans put in the corn which was put up in the meeting house loft for se- curity, which was in a cask in the chamber. Sworn, Feb. 22, 1676, before Daniel Denison.f
Petition of divers inhabitants of Newberry, dated Apr. 23, 1677, that though they are far from justifying the outrageous practices of the young men sentenced by the court and they do not question the justice of the court's decision. "We do not know any of the young men have bin detected of open +Autograph.
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[Mar.
crimes but haue bin diligent & laborious to promote & support their parents who stand in need of their help. they haue bin imployed in publike service, haue endured hardshipps, & adventured their lives & limbs for the Country: & they haue openly, ingeniously, & solemnly made acknowledgment of their offence, before many assembled to that end," on which account the petitioners asked that their fines be abated. Signed by Paull White,* Tho. Woodbridge,* H. Shortt,* Persavell Lowle,* Nathanell Clarke,* Joseph Coker,* Caleb Moodye,* Wm. Chandler,* Stephen Greenleafe, jr.,* Ben- jamine Lowle,* Jonathan Woodman,* Joseph Bayley,* Samuell Poore, sr.,* Hendry Jackwish,* Jno. Dole,* Joseph Downer,* Benjmin Rolfe,* John Atkinson,* Robert Coacker,* Archelaus Woodman,* Jacob Tappen,* Edward Wodman, sr.,* Joshua Woodman,* Robt. Batlet, sr.,* Isrell Webster,* Samuel Bart- let,* Robert Long,* Robert Beadell,* George March,* Stephen Swet,* John Bayley,* John Poore, sr.,* John Webster, sr.,* Peter Toppan,* Edward Woodman,* John Batlet, sr.,* John Bartlet, jr.,* Daniel Lunt,* Edmund Mooars, sr.,* Francis brown, * Beniamen Morse,* Joseph Muzie,* Nathaniell Bricket,* Edward richesen, sr.,* Jams Ordway, sr.,* John heall,* Wm. Morse,* Anthony Somerby,* John wollcot,* Thomas Browne,* Petter Godfry, John Swett, Wilum Pilsbery,* Wilum Sayer, sr.,* John Sayor, Nathannel Merel, Danniell Merel, Moses Pilsbery, Henry Sewall,* John Sewall,* Tristram Coffin,* John Knight,* Stephen Grenlefe,* Richard Knight,* Richard Dole,* Samuell Plumer,* Recherd Kent,* John Emery, jr., Jonathan Emery,* Joseph Pike,* Thomas hale, jr.,* John Badger,* Daniell Chenie,* thomas hale, sr., John Knight, jr., Nicolas Noyse, danill Peirce, sr., Daniell peirc, jr., Antonie Morse, sr .*
James Ardoway, aged fifty-four years, and John Kent, aged about thirty-two years, deposed that they heard Franses Browne, one of the selectmen of 1676, say that the seat in controversy was set up without order from the townsmen and that Goodman Knight and Goodman Greenlefe owned that it was set up contrary to their knowledge. Sworn in court.
James Ordway and John Kent testified that the major part of the town did so justify the act of pulling down this pew that they gave a general vote that the seat should be reduced to its former station and be a common seat as formerly. This vote was taken Mar. 5, 1676-7. Owned in court.
Edward Richardson, sr., and James Ordway, sr., deposed that it was voted at a general town meeting that the seats
*Autograph.
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Richard Carr, complained of for the same crime, was found not guilty and discharged .*
Upon Mr. John Giffard's complaint against Christopher Temple, it was ordered that Temple return to said Giffard within one week and serve him a year and a half or pay 6li. Abraham Martin was to pay the costs.
Walter Roper, presented by the grand jury upon complaint of Mr. Wm. Cogswell upon suspicion of a false oath and not proved, was discharged.
Benjamin Herrick dying intestate, administration upon his estate was granted to his brothers Zachry and Ephraim. The estate was to be divided among all the brothers and sisters excepting Thomas, viz., Zachariah, Ephraim, Henry, Joseph, John and Elizabeth, wife of Phillip Fowler. The mother of said Benjamin was to have the income of the land during her natural life. Zacheriah and Ephraim were bound.
Court adjourned to the last Tuesday in April.
COURT HELD AT SALISBURY, APR. 10, 1677.
Major Genll. Denison, president; Major Pike, Capt. Sal- tonstall, Mr. Samll. Dalton and Capt. Bradbury, associates.
Grand jury: Abraham Pirkins, foreman, Phillip Challis, Tho. Barnard, John Haseltine, Daniell Hendrick, Moses Gillman, Rodger Easman, John Ilsley, Jno. Gill, Francis Page, Joseph Dow and Thomas Sleeper.
Jury of trials: Tho. Filbrick, foreman, Wm. Fifeild, Ed- ward Gove, Henry Moulton, Robert Swan, George Goldwyer,
in the gallery should be made up again as they were before the pew was pulled down, and there were no votes in the nega- tive. Owned in court.
John Topen testified that Edward Ordway told him that he was one of those who pulled down the seat. Sworn in court.
*George Carr and Jams Carr testified that on Jan. 12 Rich- ard Carr went into the Salisbury woods with deponents to cut timber and remained with them until about ten o'clock when they went to bed at home and in the morning saw him get ready to go into the woods again. Sworn, Mar. 24, 1676- 7, before Samll. Dalton,t commissioner.
țAutograph.
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[Apr.
Willi. Buswell, Henry Browne, Jno. Clough, John Foulsham, Samll. Foot and Samll. Weed.
Daniell Ela v. Abraham Whitticker. Appeal from a judg- ment of Capt. Saltonstall. Verdict for defendant, confirma- tion of the former judgment.
Edward Gove v. Jno. Griffyn. Appeal from a judgment of Capt. Saltonstall about a horse. Verdict for plaintiff, the reversion of the former judgment. Appealed to the next Court of Assistants. Jno. Giffyn bound, with Jotham Hen- drick, as surety.
Edward Gove v. John Griffin. Appeal from a judgment of Capt. Saltonstall about a saddle. Verdict for plaintiff. Appealed to the next Court of Assistants. Jno. Griffin bound, with Jotham Hendrick, as surety.
Jno. Haseltine, sr. v. Abraham Whitticker. Review of a case tried at Hampton court, 10 : 8 : 1665, concerning mow- ing grass and taking it away from his Spickett meadow. Ver- dict for defendant .*
*Abraham Whiticker, jr., aged twenty years, and William Whiticker, aged eighteen years, deposed that their father had been molested many years by John Haselton, sr., or some of his sons, once at Spicket meadow at the end next said Hasel- ton's meadow, by carrying away grass, etc. William Whitt
From Samuel Dalton's commissioner's records. See ante, vol. 5, p. 235. On 28: 9 : 1676, Charles Runlett, attorney to Alexander Gordin v. John Kimin. For withholding pay due for six days' work about two years since. Judgment for plaintiff.
On 12 : 10 : 1676, William Marston v. John Young. For withholding pay due him for wintering and keeping an ox. Judgment for plaintiff.
Ensign John Samborn and Abraham Perkins, sr., on Mar. 31, 1677, took the appraisers' oath.
Georg Pearson and Ann Taylor, both of Exeter, were married Apr. 2, 1677. On Apr. 2, 1677, whereas Jacob Garland was convicted of disorders upon the Sabbath day night on Mar. 25, which he denied at his first examination, he now manifesting some degree of penitency and owning his fault, was fined and ordered to make the following acknowledgment in a public meet- ing:
"I Jacob Garland Doe Acknowledg thatt I did Acte foolishly and sin- fully in being late at the ordinary on the sabath Day att night ye 25 Day of march last and the same night Goeing into the meeting house & Ringing the bell aboutt ten of the Clock att night to the disturbanc of the Towne & Giveing Just Cause of offene to the Inhabitants: for which offences I Doe Crave pardon of God & His people, and Doe Desire thatt this my Acknowl- edgment may be Accepted of this Assembly and a warning to others to take Heed of falling into the like or any other Evill practices."
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Jno. Severans v. Ensign Buswell, Jno. Ilsly, Henry Brown . and Wm. Brown, in behalf of the church of Salisbury. For withholding pay due to said Cornet Severans for providing for and entertaining divers gentlemen sent for by the said church to sit in council at Salisbury in Sept., last, they being entertained four days, which charge was about 16li., 5li. being promised to be paid in wheat or pork and the rest in provisions at money price. Special verdict. Two of the church were chosen to provide for the council and one acted, so if the act of one bound the church to pay, they found for plaintiff, if not, for defendant. Court gave judgment for plaintiff.
Capt. Walter Barefoot v. Christopher Palmer. Review of a case tried at Salisbury in 1675, in which said Palmer, as assignee of George Norton was plaintiff in an action of debt, and said Barefoot defendant. Special verdict. If in the last clause of the bill with a seal to it according to law makes void the obligation, they found for plaintiff, if not, for defend- ant. Court found for defendant. Appealed to the next Court of Assistants. Capt. Walter Barefoot bound, with Edward Colcord, sr., and Phillip Grele as sureties.
Peter Tappin v. Ralfe Hall and Charles Hilton. Debt. To be paid in boards and pipestaves as by bill of Nov. 20, 1667. Verdict for plaintiff.
Jotham Hendrick, assignee of Jabez Hendrick v. James Sanders. Debt, in wheat or pork. Verdict for plaintiff.
Mr. Jno. Groth v. Will. Brooking. For withholding money due for medicines, skill and pains upon defendant's leg or ankle in Dec., 1665, with forbearance. Verdict for defendant.
Henry Lamprey acknowledged a judgment of 50li. due to Major Tho. Clarke.
Robert Jones acknowledged a judgment of ten thousand feet of white pine board due Benjamin Allin at 40s. per thousand.
Upon motion of David Robinson, who was appointed by this court administrator with his mother of the estate of Jno. Robinson, late of Exiter, deceased, court ordered that he pay
and James Daves also testified. Sworn, Apr. 9, 1677, before Nath. Saltonstall,* commissioner.
*Autograph.
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[Apr.
the debts and return an account; also that the remaining estate be kept in the hands of the administrators during the lifetime of the widow Robinson, and then to be divided among the children who survive.
Daniel Ela's license to keep the ordinary for Haverhill for the ensuing year was renewed.
Henry Robie had his license to keep ordinary for the town of Hampton renewed for the ensuing year.
Mr. Jno. Gillman was licensed to keep the ordinary for Exiter for the ensuing year.
Capt. Thomas Bradbury was appointed guardian of his grandchild Wymond Bradbury.
Ephraim Winsly took the oath of fidelity, and was sworn constable for Salisbury for the ensuing year.
Ephraim Winsly and Phillip Grele were discharged of their bond for Ben. Grele's appearance.
Benjamin Grele was bound for appearance at the next Hampton court in an action brought by Robt. Clement con- cerning abuses to the latter's daughter.
Kinsly Hall was sworn constable for Exiter for the ensuing year.
Capt. Barefoot's bond for appearance, which he forfeited, was moderated.
Joseph Peasly, complained of by Peter Bruer for beating him with a chain, was ordered to pay him in corn and money, and was bound to good behavior. Joseph Peasly and Jotham Hendricks bound.
Joseph Peasly, presented for abusing Timothie Swan of Haverhill, was ordered to pay 20s. in corn to Robert Swan, said Timothie's father, and was bound to good behavior. Joseph Peasly bound, with Jno. Hendrick and Jotham Hen- drick as sureties.
John Barnard and his wife owned that they were guilty of fornication, he being fined 3li. and she 40s.
Paltiell Hall, for fornication, was sentenced to be whipped unless she pay a fine.
Upon motion of Capt. John Gillman of Exiter concerning an Indian servant called John French who put himself under Capt. Gillman's tuition about the beginning of the war with
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the Indians, court ordered that he return to said Gillman forthwith and do him faithful service.
Dorethie Rolenson, for stealing from Mr. Wm. Bradbury to the value of 20s., court ordered that she pay 3li. or treble damages according to law and be whipped with ten stripes or pay a fine .*
Upon motion of Mr. Samll. Dalton in behalf of Jno. Marian and Margerie, his now wife, formerly the wife of Dea. Willi. Godfrey, concerning Nathll. Smith, who was formerly given to said Godfrey and Margerie as their own and who also kept him from a child, court ordered that said Marian and Mar- gerie keep him until he reaches the age of twenty-one years, and that he should do them faithful service.
Whereas Susannah Buswell, wife of Isaac Buswell, jr., was convicted of burglary and lying, court ordered that she pay to Ensign Wm. Buswell 6s. which he lost, also to sit in the meeting house in lecture time about the middle of the alley with a paper pinned upon her head written with these words "FOR BURGLARY & LYING" in capital letters.
Ensign Buswell and Ephraim Winsly were appointed ad- ministrators of the estate of Mrs. Anne Winsly, widow.
*John Cottle testified that Goodwife Rowlingson coming to his master Bradburies house when there was nobody at home but himself, asked if he had nothing to give her. De- ponent said that he had not; then she went to the drawer, took out a pair of Holland sleeves and asked if she might not have them. He told her no, that his mistress would want them, for she used to wear no other to meeting. She said it was no matter, his mistress would not know who had taken them if he would but deny it stoutly. She carried them away and after some space of time his mistress missed them and depon- ent told said Rowlinson but the latter encouraged him to deny it. Then he went to get them and she told him that she was not such a fool as to give them to him and bring shame upon herself when there was only one witness, etc. Ane Cottelt also testified "some other smal things wich your Mrs wld not miss she sayede and counseled me to get more things for her goody rouleson and some for herselfe and that she ould keepe them fore her the sayed searuante." Sworn, Apr. 10, 1677, at Salisbury court.
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