USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 26
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+Autograph.
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IPSWICH QUARTERLY COURT
[Apr.
Capt. Jno. Gillman of Exiter and Ensign Will. Buswell of Salisbury were appointed to lay out a country way from Hampton to Portsmouth as far as the bounds of Hampton or the bounds of the County of Norfolk extends, giving notice to the selectmen of Hampton of the time of their meeting and make return to the next county court of Norfolk.
Tho. Sargent took the constable's oath for Eamsberrie for the ensuing year.
The treasurer was to dispose of ten shillings to the servants according to his discretion.
A division of Jno. Dow's estate according to court in 1673, made Mar. 3, 1676-7, by Onisiphorus Mash and George Browne, upon request of Onesiphorus Page of Salisbury and Samll. Shepard of Haverhill. Approved, Apr. 10, 1677, in Hampton court.
COURT HELD AT IPSWICH, APR. 24, 1677, BY ADJOURNMENT.
Mr. Dudly Bradstreet, Lift. John Ossgood and Ens. Tho. Chandler were allowed to end small causes for Andover.
John Pearson brought an account of work done at Thurrill's bridge amounting to 30s. allowed to be paid by the treasurer.
John Whitcher, Mary Knight, Steeven Lavemer and John Michell, witnesses summoned in George Major's case, and not appearing, were fined.
Execution, dated Apr. 15, 1677, against Robert Jones to satisfy judgment granted Benjamin Allin, Apr. 2, 1677, by the commissioners of Salisbury, signed by Tho. Bradbury,* cleric, and served by Henry Dow,* marshal of Norfolk. Ben- jamin Allen's* receipt to John Osgood of Salisbury, in full satisfaction for this execution.
Execution, dated Apr. 15, 1677, against Robert Jones to satisfy judgment granted Benjamin Allin, Apr. 10, 1677, at Salisbury court, signed by Tho. Bradbury,* recorder, and served by Henry Dow,* marshal of Norfolk. Benjamen Allen's* receipt to William Osgood of Salisbury.
Execution, dated Oct. 12, 1677, against Robert Ring to satisfy judgment granted Phillip Grele, Oct. 9, 1677, at Hamp- ton court, signed by Tho. Bradbury,* for the court, and served by Henry Dow,* marshal of Norfolk, who delivered him to John -ter, prison keeper of Norfolk.
*Autograph.
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1677]
George Major, presented for cursing, was fined.
John Donoger, servant to Nathaniell Tredwell, for spoiling a cow of Haniel Bosworth's for which his master paid 3li. 10s., was ordered to serve his master one year after his time was out.
John Marsh, presented for persuading Richard Carr to pull down a pew, was discharged.
Jonathan Platts complained against Mr. Samuell Phillips for charging him with the rest of the town with the sin of cheating, for calling him scoffer, an Ishmaelite and persecutor of God's people. Withdrawn .*
*James Neill deposed that the last winter when the minis- try rate was gathered, Richard Holms brought two bags of Indian corn, about four bushels in both, and was very loth to have them levied, saying it was measured and so persuaded Deacon Jewit who bade deponent carry them up into the chamber. Deponent took one of the bags on his shoulder and carried it up but when he opened it and poured the corn out there came a very fusty smell. He threw a handful down to the deacon and he told Richard Holms of it, who said he had it of one of the town, but would not tell of whom. The corn was so bad that the hogs would scarcely eat it. Deacon Jewit testified the same. Sworn in court.
John Higgison, William Hubart, Seborne Cotton, Joshua Moudy and John Hale, "being called by The Reuerend Teach- er and bretheren of The church of Crist at Rowley, to giue them our advice in Relation to the vncomforthable differ- ances amonge them haueing heard both sides as fare as time with other considerations would allow, we doe declare and advise as Followeth 1. We cannot but haue a deepe sence of the euell of your devissions in such a time of Jacobs Trubles and as they haue caused great thoughts of heart with us, soe should they cause great searchings of heart in you with deepe humelliation before the lord 2 as to the Reuerend Teacher mr Phillips his actions in thes matters we cannot but obserue that he hath manifested a due regard to the churches peace and proceeded with a spirit of integrity as fare as we se humane frailtyes excepted 3 in the managing of these things as we obserue to our rejoyceing much of a spirit of ten- dernes and brotherly loue one towards another soe we find that through satans subtilty and humaine frailty ther is that mixture of a spirit of contention for which you ought to humble your sellues before the lord and each other 4 yet we find noe such distance in these matters but that vpon mutuall
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IPSWICH QUARTERLY COURT
[Apr.
forbereing and for guiding each other in loue you may retaine the unity of spirit in the bond of peace and returne to the in- joyment of communion with crist and one another in all his ordenances Eph 4 23 collo 3.13 and seing the repeating of matters tending to strife and is as much as maybe to be avoided espessally in such an humbleing day of aduersety we doe aduise you mutually to agree by an act of forgiuenes and obliuion upon the acknowledgment of what the Lord hath discouered to each of you as matter of humeliation to bury the mention of past matters of offence and studiously to avoide all occasions for time to come pro 14 9 14 and 20 3 and 30 : 33 gen 13 And in order thervnto in a way of mutuall condecension doe aduise (all things considered) that mr Shep- ard be againe desired to preach till may day next if he be pleased with in which time unlese the wholle church concure to voate his continuance that he then desist from further proceeding in that worke in this place that soe he may attend what call shalbe giuen him to the seruice of god else where and the church shalbe noe way occasioned or obliged to any further retaineing Mr Shepard by this our aduise or any former obligation." This advice was accepted and assented to by the Reverend Mr. Phillip and Mr. Shepard and also by a vote of the whole church, no man contradicting, dated Rowley, Nov. 4, 1675. Wit: John Higgison, William Hub- bart, Seborne Cotton, Joshuah Moody and John Halle.
Maxemilion Jewitt and William Teny, on Apr. 24, 1677, in the name of the rest and with their consent, "being sen- cable that seuerall of the testemonys and pleas now presented doe much tend to Casting dirt and reproches on one whom theay and we ought to honor: and if this honored court wear as well aquainted with the triell our reuerend teacher hath sustained upon this acount as we are theay would think it good reason to stop such things as are soe refleckting ore otherwis tack as long a time whearin the whol trewth and sercumstances of the case might be better understoud and as now he sofareth on our behalf and in things whearin we haue had a shar, soe we count it our deuty to the uttermost to stand with him and for him and soe acording to god: with your honors leau for we are witneses that he hath withal fidelity and lowliness of mind serued god in that minesterial calling in this plac acording to that solem trust comitted to him which we hop haue bene profitable to some that are most hottly set against him at this day and to which our re- rogers helped to cal him before his deseac and declared him- self wel satisfied in the choic gods prouidenc had made for us notwithstanding our inabillaty of afording sewtable main- tenanc to the greatnes of his family and charg and the dis-
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1677]
Samuell Platts, Rich. Holmes and Daniell Wicom, as select- men v. John Pickard. For charging them with betraying their trust. On the complaint of Daniell Wicom against said Pickard, court considering what had been alleged on both sides judged that both parties in several respects had mis- taken and departed from the rule, and advised that they be more modest and peaceable in their councils and practices which would conduce more to the peace of the place, and for the present they were to bear their own charges .*
posichen he hath to hospatality and yet we haue heard no more complaints of his wants we haue all caus to be thank- full and to bles god for him and for the comfortable yockfelow he hath in his family. finaly if it be considered what a bur- don he hath had of us and others by reason of the unrewlynes of our spirits and unwillingnes to stoop to order as apears at this day we would say more in this Cind but that we are loth to burthen your honors patienc or tack up time soe we leau it to your wisdom who we fear not but you will tack care what you can to prevent our trobls and our teachers greif for nether of them will be profitable to us."
Richard Swan, aged about seventy years, deposed that divers years ago being at a town meeting at Rowley when some persons began to speak of the price of corn, deponent having attended the General Court that year, declared what price the General Court had set for Indian corn, namely eight groats per bushel, using many arguments to persuade them to let it go at that price to pay the ministry. He further told them that it would give great offence if they should raise the price. Notwithstanding, they set the price at 3s. pr bushel. Later being at a General Court, a member brought in a bill that some care might be taken for the regulation of paying ministers' rates or better providing for the maintenance of the ministry and gave that reason for it, for, he said, he heard that Rowley paid their rate at 3s. pr bushel, which several persons there did much blame. Sworn in court.
Maxemiallian Jewett deposed. Sworn in court.
*Ezekiell Northen and John Acie deposed that at a public town meeting, they heard John Pickard say the major part of the selectmen had betrayed the trust that the town had committed to them and thereby obtained a vote for the choos- ing of two more to add to the five, contrary to the custom of the town. Also that John Pickard said that if the town did not put Goodman Wickam out, for his part he would not serve as a selectman. Sworn in court.
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IPSWICH QUARTERLY COURT
[Apr.
Copy from the town book made by William Tenny,* keeper of the record book: "for the orderinge of publicke Towne meetings, it is agreed that there shall be thre sufficient per- sons to warne publick Towne meetings, each in there seuerall circuits, he which doth warne from John persons to mr. Nell- sons shall haue 4ª a time, and he who doth warne bradforth streete shall haue 2ª a time."
"Att A legall Towne meetinge the 19 of January 1676 Sammuell Plats, Richard Holms Daniell wicom were chosen selectmen for the yeare ensuinge, and about a weeke after John Piekard and William Tenny at a legall Towne meetinge were chosen selectmen And at a legall Towne meetinge held the sixtenth of march 1676 John Baley and John Person Junior were chosen selectmen, that soe there might be seuen." Copy made by William Tenny .*
"An order made by the Towne of Rowley for the yeare 1648: It is ordered and agreed that the prudentiall men dur- inge the time of there - shall haue full power to order and transact all the common affairs of the Town -ley, as to make orders impose fines, for the better managinge of the affairs of the aforesaide Towne prouided that they doe noth- inge contrary to the orders of the Court prouided allso that they dispose no land for inheritance without the Cause - Towne prouided allso that they let no land but for there pres- ent yeare." Copy made by William Tenny .*
John Johnson and James Dickon testified that at a town meeting held Jan. 20 last, Daniell Wiekam caused a vote to pass whether it should be voted or not that Mr. Jerimiah Shephard should have a monthly lecture, and it was voted in the negative. Wicam was asked by John Pickard to count the number and declare the vote and he said, "no I will do no more." Then the town chose a schoolmaster and afterward Wicom returned to the previous matter and said he was resolved to know the town's mind. Their teacher and the moderator opposed him and said they looked upon such a vote as very irregular and wished him to forbear, but Wicom being encouraged by Richard Holms and Samuell Plats, he put it to vote, Mr. Nelson saying, "Yea do, let it cost what it will." The vote was "that all that are for Mr Shephard preaching a monthly lecture stay in the house and all that are against it go out of doors," and the moderator, teacher and others said the vote was irregular and they would take no notice of it. Sworn in court.
William Tenny,* keeper of the town book, affirmed that on the same day that the two selectmen were chosen, on Mar. 16, 1676-7, the town granted land to Thomas Alley upon
*Autograph.
271
RECORDS AND FILES
1677]
condition and confirmed land to Jonathan Hopkinson. Also Mr. Philip Nelson, Ezekiell Northen, Richard Swan, and Ezekiell Mickell were chosen to join with the selectmen to agree with the sons of John Spenforth about the farm that John Spenforth, sr., took of the town, and what they did was to be accounted a valid act. The men appointed to lease the farm made a covenant for three score years with the sons of said Spenforth as appears in the town book and Samuell Plats, Richard Holmes and Daniell Wickam were there and signed it.
Judgment in this action.
Samuell Platts, sr.,* Richard Holms* and Daniell Wi- come,* selectmen, petitioned the court, Mar. 30, 1677: "Know- inge that the Law doth prouide that no mans life shall be taken away, no mans honor, or good name shall be stained un- der colour of law or countinance of Authority, unles it be by vertue of some expres lawe warrantinge the same, established by a Generall Court, and sufficiently published, and knowinge our selues to be excedingly ronged, and hopinge that this honored Court will see just cause to doe that iustise in our Cause, as the Laws of God and man requireth .. . and we hopinge that these complaints beinge heard, with any other Complaint, or Complaints, beinge legally put up by us, or against any of us, and testimonyes of both parties beinge heard that soe all our differences betweene Church and Towne beinge heard, about the maintenance of mr Phillips, our trou- bells about mr Philips his charginge The Towne with cheat- inge of him in the payinge of his rate, and charged euery man of the Towne of Rowley with the same cheate, we think- inge our selues cleare of any such thinge as we are charged with, we of Rowley haue bene counted a diligent, and honest people, and we hope that it will appeare in time that we are so still."
Maximilian Jewit,* John Johnson,* Thomas Leaver, sr.,* John Trumble* and William Tenny,* in the name of the rest, affirmed "That which moved us to add two to the other se- lectmen was mr sheppards demaund of 5011 p Anno which thing we lookt upon very unjust, yet the major part of the Selectmen then chosen exprest themselues for him and against the body of freemen & many members of the Towne in that business: wherfore wee thought it not safe to venture a sute at Law which wee expected process for euery day: unless the major part of the selectmen were willing to stand in our defence. one of the selectmen had said he would be his Atorney and doubted not but he would recover it for him: and wee haveing don for mr sheppard as we thought more
*Autograph.
272
IPSWICH QUARTERLY COURT
[Apr.
then duty bound us too in paying his last payment were and are determined If hee gett it he shall win it by law," etc.
Jeremiah Elsworth deposed that as constable he warned for the town meeting where the business was choosing jurymen and nomination of magistrates, etc. Sworn in court.
Ezekiell Northen, Ezekiell Mighell, Simon Chapman and John Dresser deposed that they heard Mr. Phillips at a pub- lic town meeting charge the town with trying to cheat him by raising the price of corn, etc. Sworn in court.
Jeremiah Elsworth and John Acie deposed that the meet- ing when John Pearson, jr., and John Baly were added to the selectmen was warned for nomination of magistrates and choosing of jurymen. Sworn in court.
Ezekell Northend, Samuell Mighell and Andrew Hiden testified that there had been but five selectmen chosen for twenty-six years in Rowley, and the election was in January. Also that they had their power given to them within a fort- night after they were chosen. Sworn in court.
John Dresser deposed that John Pickard, sr., said to Daniell Wicom in town meeting that he if had done what Wicom did, it would have cost him five pounds. John Acie affirmed the same. Sworn in court.
Henry Rila, John Dresser and John Acie deposed that Jeremiah Elsworth was desired by the selectmen of Rowley, Thomas Tenny, Will. Tenny, John Harris and John Trumble, etc. Sworn in court.
Henry Ryla, Samuell Mighell and Simon Chapman deposed that Daniell Wickam declared to the town before he put it to vote concerning Mr. Shepard's preaching a monthly lec- ture that he did not go about to take church work upon him but that he was resolved to clear the town of what John Pick- ard, sr. and John Pearson, sr., had said, which was that it was the town and not the church that turned Mr. Shepard away, etc. Sworn in court.
Abraham Jewet and John Acie deposed. Sworn in court.
Thomas Leaver, sr., and John Trumble deposed that at the town meeting, one of them making a motion to the town to go to dinner, etc. Sworn in court.
Mr. Jonathan Plats' rate to the ministry in 1667, 13s. 4d. which was paid in Indian corn, 2 bushells and a half, 7s. 6d., the rest unpaid, 5s. 10d .; in 1674, 1li. 2s. 9d., unpaid, 2s. 9d .; in 1675, 1li. 2s. 6d., unpaid, 2s. 6d .; in 1676, 17s., unpaid, 4s. 2d .; in 1665, 11s., unpaid, 3s. Copy made by William Tenny,* keeper of the ministry book. Sworn in court.
*Autograph.
273
RECORDS AND FILES
1677]
Mr. Phillip Nellson v. Mr. Samuell Phillips. For charging him with breach of the fifth commandment and for being a principal cause of those unhappy divisions. Court judged that notwithstanding Mr. Phillips had used too high expres- sions yet in the main Mr. Nellson had transgressed the rule and he was ordered to give Mr. Phillips satisfaction .*
*Philip Nellson'st complaint, dated Apr. 24, 1677, to the Ipswich court: "Philip Nellson sendeth greeting, and wisheth happy and prosperous succes in your present sessions presumed to trespas so much upon your patience, as to craue a candid -nge of this my constrained complaint, aduenturinge to make my adress-to your Honors here in, which if you shall so farr entertaine, as to vout-safe an hearinge of, I hope my innocencie will challenge a uindication and I shall not thinke my aims wholy lost, perhaps I may seeme to some to pass the bounds of christian modesty in presentinge this my complaint against an elder of a Church, and one that I stand related unto by church couenant but such is your wisdome, that you can, and your honorable affection to peace and iustise, that I doubt not but you will heare with patience this my com- plaint especially if you consider how I am enforced to it by daily threats to be dealt with as an offender at home. where- by I may at last come to be deprived of the communion of Gods saints, and the sweete and comfortable enioyment of God in all his holy ordinances. and I seinge no other com- modious way, for the present to put a barr to m' Philips his resolutions to deale with me as an offender, and to uindicate my blasted reputation I doe therfore addres my case to your Honours, as patrons of peace, and fauourers of justice, and doe present you with these accusations, charged on me by m' Philips, whereby you may be some - sensible of my suf- feringe condition
"I am charged with the breach of the fift commandement disobedience to superiors, whome I desire to ascribe all dewe honor unto. I am likewise charged by mr Philips with the breach of the eight commandement robbinge stealinge &c. I am charged with the breach of the ninth commandement, bearinge false witnes. I am charged to be the principall cause of those unhappie diuisions - among us, I am like- wise charged with the rest of my freinds and -rid sin of cheatinge, seuerall other greiuences I might - but - of mr Philips his reputation, I thought meete onely to - at those scandals that render me uncomfortable, in the discharginge of the - office, that God and the Contrey haue placed me *Autograph.
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IPSWICH QUARTERLY COURT
[Apr.
in Solomon in his diuine - tances tells us that a good name is to be desired aboue great riches, and those that were gided onely by the dime light of Nature, could tell us that it is as great a praise to keepe, as to get a good name. Non minor est uirtus quam quaerere parta taeri. If it be a sin to discredit another man, then much more is it a sin to discredit our selues, by not uindicatinge our good name, so farre as we can with a good conscience. If we be charged to further the good name of our neighbour, then are we strictly commanded to helpe forward our owne, so farr as we be able, the world might thinke that I did cast of the care of my owne creddit, if I should suffer such reproches to be laide on me, and neuer labour to take them of, I doe therfore humbly present my shattered condition to your honorable protection, esteeminge you no other then fathers in our Commonwealth, not doubtinge but that iustiss will take place without respect of persons."
Philip Nellson's answer to accusations: "I for my part can- not but be deeply sensible of the great displeasure of the most holy God, in those unhappie diuisions that are amongst us (especially in this day of our Jacobs Troubell) when our Cun- try is turned as it were into a feild of bloud, for those many provocations, that haue bene, and are found among us, and I pray god that we in this place, by our unbrotherly contests, haue had no small hand in the procuring Causes, of these our desolations, and wherin my selfe haue been any way in- strumentall to procure the same, I desire to be deeply humble, and in the first place to bewaile the plage of my owne hart, and as to the particulars which our Reuerend Teacher doth lay to my charge, as matter of scandall, I hope I may with all good Conscience pleade my Innocensy. And Could hartily desire satisfaction in one particular, namely whether a Church lienge under gros scandall, can conscienciusly deale with any one member, before they haue giuen satisfaction for there one offence, for if I mistake not this uerry Church as well as Towne, haue bene charged with that abominable sin of cheatinge, and that by the Reuerend m' Phillips himselfe our cheife officer, who hath affirmed, and stands to uindicate the same that they haue cheated him, now to haue my case heard and judged by a church which are charged with such a scandalous sin, I something scrupell it for I haue not knowne the like president in the Cuntry, that any church Guilty of so great a crime, haue called before them offenders to answer for lesser crimes, yet notwithstanding acknowledging it a christian duty, when called to it especially (by a Church officer) to vindicate my innocensy wherein I am ronged, and to acknowledg my faults wherin I haue offended, I doe ther- fore giue in these answers to my accusations
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"To the first particular, wherin our reuerend Teacher doth charge me with the breach of the fift commandement, I an- swer that he himselfe hauinge soe lately and largly, com- mented upon the same, no doubt may be better acquainted with the duty thereof than my selfe (yet in submission to his better judgment) I answer in reference to what he hath charged me with, as a breach of the saide commandement, namely not comminge to that Church meetinge, when his ninety pounds was uoated, I am no trangressor, for the onely cause why I absented my selfe was because I was informed that the Church was assembled to agree what stipend to giue him, a busines that did not belonge to them alone to determine, the Ciuill law determininge the power of such things to belonge to the inhabitants of the Towne, and I perceiuinge that this would make a difference betwene Towne and church, I thought it were best to absent my selfe, and as I conceiue if euery man had soe done, we had been at this present more in peace, both in the Church and Towne.
"Secondly whereas he doth charge me for actinge contrary to what the Counsell had agreed upon, and that I haue acted in calling m' Shephard my answer is that I haue acted no other wayes than the rest of my Brethren four or fiue onely dis- senting as may appeare by the uoat. I doe not conceiue that I laid my selfe under any obligation, not to manifest my willingnes for mr Shephard preaching, by uoating for it, the act of the Counsill no way obliginge me to the Contrary. Thirdly whereas the Reuerend m' Phillips accuseth me of Ralinge, I answer he charged me in no particular, but onely in Generall, and therefore in generall I answer I doe not know what I haue to answer."
James Baily, sr., aged about sixty-five years, deposed that the moderator, Deacon Jewett, etc. John Johnson also testified. Sworn in court.
Sammuell Plats, Sammuell Mighill and Richard Holms deposed. Sworn in court.
Richard Holms deposed. Sworn in court.
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