USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 3
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*John Godfry's bill of cost, 1li. 15s. 11d.
towards the South west & a peice of medow towards the south East the which mine was by him Discovered as above sayd Upon the last Day of the tenth month Called December in the year of or lord one thousand Six Hundred & Seaventy fower."
23
RECORDS AND FILES
1675]
John Young acknowledged judgment to Wm. More, in pine boards at 40s. per thousand, to be delivered at the usual landing place at Exeter.
Ralfe Hall acknowledged judgment to John Clough of 3,500 feet of pine boards to be delivered at Exeter at a con- venient landing place.
Mr. John Groth and Elizabeth his now wife, presented at Hampton court, Oct. 13, 1674, for having a child born seven months after marriage, the presentment being proved and owned, were fined. Appealed to the next Court of Assistants. Mr. Jno. Groth bound, with Christopher Palmer and John Stanian as sureties.
John Garland and Elizabeth his now wife, presented at Hampton court, Oct. 13, 1674, for having their child born about eleven weeks before the usual time, were fined. John Garland appealed to the next Court of Assistants. John Garland bound, with Henry Robie and Christopher Palmer as sureties.
George Jones of Exeter, presented for breach of the Sabbath by travel, was fined.
Robert Jones, now of Exeter, presented for notorious drunk- enness, was fined.
Jno. Clarke was declared to be the reputed father of the bastard child of Bess, the negro of Robert Smart, according to law.
Samll. Person, presented for being in drink and for striking Danll. Hendrick, was fined.
Tho. Rolenson, presented at Hampton court in 1674, for charging the pastor of the church at Salisbury with inhumanity and speaking other unseemly speeches, was sentenced to be publicly admonished for his sin and bound to good behavior. Tho. Rolenson and John Eaton bound.
Robert Swan of Haverhill, presented for being drunk and for cursing, was fined.
Samll. Fowler of Salisbury, convicted for breach of the Sab- bath by travel, was fined.
Francis Davis and his wife, presented for fornication, were discharged.
Tho. Rolenson was in open court admonished upon a lecture
24
SALISBURY QUARTERLY COURT
[Apr.
day and reproved for his sin in charging his pastor, Mr. Wheell- right, with inhuman actions and other unseemly speeches.
Court ordered the town of Exeter to make the boom six feet wide within the rails and to rail it on both sides sufficiently, to be finished by next Hampton court upon penalty of 10li.
It is ordered that Salisbury and Eamsburie appoint men to fix the bounds between these two towns and make return to the next Hampton court, upon payment of fines for de- fault .*
Edward Colcord, sr., presented for saying that the court passed an unrighteous or unjust sentence against him, was fined.
Edward Colcord, sr., upon petition and acknowledgment of his fault, had his fine abated.
John Haseltine's account as administrator of the estate of Jno. Willcott was accepted by the court, the estate being justly administered according to law.
Daniel Ela's license to keep the ordinary for Haverhill was renewed for the ensuing year.
John Severans' license to keep the ordinary for Salisbury was renewed for the ensuing year.
Henry Robie's license to keep ordinary for Hampton was renewed for the ensuing year.
John Souter's license to keep a house of entertainment at Hampton was renewed by this court, according to conditions mentioned in his first license.
Court ordered that the selectmen of the town of Hampton bind over by indenture Tho. Bab, a child who now lives with Henry Green, to said Green of Hampton, according as the law gives liberty in such cases.
William Brown was sworn constable of Salisbury for the ensuing year.
Henry Dow was appointed attorney in behalf of the county to answer the appeals of Jno. Groth and Jno. Garland.
Capt. Barefoot was to be summoned to appear at the next Hampton court to answer for contempt of court in going away without license when commanded by the court to attend the same.
*Lift. Chute was chosen to answer the presentment.
25
RECORDS AND FILES
1675}
Court allowed 10s. to the servants where they were enter- tained at their several lodgings, to be proportioned at the discretion of the Treasurer.
COURT HELD AT IPSWICH, APR. 21, 1675.
Town of Gloster, upon its presentment, defaulted, and court ordered it to be heard at the next Ipswich court .*
Daniell Ela, presented for swearing and reviling speeches, was fined.t
Writ: William Fifeild, sr. v. John Godfre; for not assign- ing a bond of 40li. in wheat of Goodman Jackman of Nubery to Will. Fifeild; dated Oct. 15, 1674; signed by Samll. Dal- ton,# for the court; and served by Henry Dow,¿ marshal of Norfolk, who delivered said Godfre to John Souther, keeper of the prison in Norfolk.
Venire, dated Mar. 12, 1674-5, for trial jury men from Eamsberie, signed by Tho. Bradbury,¿ recorder, and served by Thomas Bernard, sr.,¿ constable of Amsbury, who returned the names of John Pressie and Phillep Rowell.
Summons, dated Mar. 12, 1674-5, for the appearance of Francis Davis and Mary his wife to answer a presentment for being married Jan. 20 and having a child born Sept. 2, signed by Tho. Bradbury,¿ recorder, and served by Thomas Barnard, sr.,¿ constable of Amesbury.
George Martin's bill of cost, allowed, 14 : 8 : 1673, at Hamp- ton court.
Nathll. Winsley's petition, dated Apr. 13, 1675: that he obtained judgment against John Sowter at Salisbury court, 1674, and not being able to obtain satisfaction, Marshal Dow of Hampton levied upon his person on Dec. 8, put him into prison and saw him locked in fast; then he delivered the keys of the prison to said Souter, who gave himself liberty, etc.
Copy of execution, dated Oct. 17, 1674, against John Souter, to satisfy judgment granted Nathll. Winsley, 14 : 2 : 1674, at Salisbury court, signed by Tho. Bradbury, recorder.
*Presented for want of a sufficient bridge over the cut, it being but one piece or plank over such a dangerous place which might occasion the loss of lives. Wit: John Burnam, sr., and Thomas Wade.
tJohn Webster, jr., aged about nineteen years, deposed that as he was coming along the street the latter end of last summer, near the ordinary, Goodman Ely came along saying "I will
#Autograph.
26
IPSWICH QUARTERLY COURT
[Apr.
John Fitch, Thomas Millett and Thomas Riggs, presented but the presentment not proved that the time of twenty-one years, which was the grant of the town was expired, were dis- charged .*
Thomas Ally was fined upon his presentment, and Andrew Heiden was discharged.t
John Gamage was admonished upon his presentment.}
Thomas Silver was discharged of his presentment.§
Samuell Hutcheson was discharged of his presentment.|| John Harris was discharged of his presentment. 1
not be geered by aney man alliue, no by my faith I will not." Deponent's father asked how he could help it and Ely replied "I wil help it with you you dogg." Sworn in court.
John Webster, sr., aged forty-three years, deposed that in Nov., 1674, coming by the ordinary with his son, they saw Ely come out of March's house, etc. Sworn in court.
*Presented for hindering the passage of boats and vessels along a creek to several houses. Wit: Mr. John Emerson and Antony Day.
¡Presented for breach of the peace. Wit: James Bayly and James Barker.
įPresented for breach of the Sabboth, fetching a horse from Jeffery's neck before the sun was set. Wit: Nathaniell Tredwell.
§Presented by Newbury as an idle person and one who spends his time unprofitably, not being willing to work. Wit: Richard Dole and John Dole.
||Richard Barker and Thomas Chandler deposed that Samuell Huchinson's manner of living made him an imprudent person although much had been said to him by the townsmen to reclaim him, yet it had done no good and he was likely to come to extreme poverty. Also that the selectmen advised him to put out some of his children, to which he agreed but the violence of the woman is such that she will not suffer it. The imprudence of the woman is also a great cause of their uncomfortable living. "If it may please this honoured court to impouer the selectmen or any others in the Towne to despose of there childeren it might deleuer them from much sufering." Sworn, 19 : 2 : 1675, before Simon Bradstreet .**
Presented by Andover as being an idle, slothful person who will not work nor provide for his family. Wit: Thomas Chandler and Richd. Barker, sr.
TPresented from Ipswich upon suspicion of stealing a waist- ** Autograph.
27
RECORDS AND FILES
1675]
Andrew Heiden, presented for suspicion of a lie, was admon- ished .*
Deacon Goodhue had his license renewed for a year.
Upon Daniell Wicom's complaint against Jo. Person, John Tod and John Johnson, court declared the pasture to be rated.t
John Chubb was admonished upon his presentment.# John Jackson was fined upon his presentment.§
coat and other garments from Jno. Chapman. Wit: Jno. Chapman. Also, for excess in apparel of himself and his child. *Presented from Rowley, for telling a lie in public town meeting. Wit: John Pickard, John Trumble and Tho. Wood. tRobert Shelits deposed that Thomas Lambert and Daniell Wickam being at deponent's house, the latter told him that he intended to commence a complaint against the selectmen, and Lambert said that he and James Dickinson were not to blame concerning the rating of the east end ox pasture. Sworn in court.
¿Presented for excess in apparel, beyond that of a man of his degree.
§Summons, dated Apr. 6, 1675, for the apprehension of John Jackson of Rowley, also Thomas Alley, Andrew Heyden and David Wheeler and his wife, and as witnesses, John Pickard, John Trumble, Thomas Wood, James Bayly and James Barker, in Heiden and Alley's cases, and Jonathan Hopkinson, John Hopkinson, John Clarke and Mary Clarke in John Jackson's case, signed by Robert Lord,|| clerk, and served by Jeremiah Elsworth, || constable of Rowley.
John Pickard, aged fifty-three years, deposed that "I haue obserued John Jackson to haue a strang motion upon his spirit that if he be parswaded to ackt at all it is to ouar act ore to overdoe that I haue obserued both in his working and dealing and soe did act at tow seuerall times that I asked him the reason of it why he should not ackt as other men doe for at that time he wrought as if he would destroy himself: and was as wett as if he had been drawn through the brook, and when he satt downe to refresh himself to eat or to drink hardly perswaded to goe to work againe, the reason of which frame he tould me he could not tell but it came upon him about the time theay took him from school: for he said he had great delight in leaving: another time was when he was loading some corn that grew upon my land: and he left of his loding the corn and came 50 or 60 rod roning to me with a conseayt
||Autograph.
28
IPSWICH QUARTERLY COURT
[Apr.
that I would be perswaded to abate him 2 shillings of that for which we had agreed. to my wonderment at him soe to leau his oxen and corn and in the mean whil the oxen threw thee car ouer: and eat part of the corn: all which considered to me it apears he hath not the ews of his reason as other men."
Jonathan and John Hopkinson deposed that the day that John Jackson's wife was lost, the latter offered to work that day for deponents, but they told him it was too stormy and cold and that he should stay at home with his wife. He said his wife was distempered in her head and she had gone home to her father Poor. When they asked him how he knew, he said he found she had gone for he had looked in the barn, and they asked if he had looked in the chamber or cellar and he said he had. Sworn in court.
John Trumble, aged thirty-six years, deposed that he ate at the same table with John Jackson, "and he did eat after all others had done and not only soe but did lick the erombbs left upon another mans trencher: to my sham - 20 persons looking on though of this and all other of his foolish tricks I neuar could perseav he was att all ashamed all which saith to me seurly he hath not the ueas of his reason as other men."
Mary, wife of John Clark, aged about twenty-two years, deposed that the day that her sister, the wife of John Jackson, was lost, said Jackson came to her house to find his wife, but she was not there. He said she talked of going to the Neck and deponent told him that he must follow her. He answered that he would if he had any bread but they were quite out. So she loaned him some bread and he said he would take his mare and follow his wife, but suspecting him, deponent told her husband as soon as he came home about two hours after, and he went forthwith. Sworn in court.
John Clark, aged about twenty-four years, deposed that his wife informed him that her sister had gone to her father's at Newberry Neck, and he went to John Jackson who said he had other occasions to look after than to look for his wife. De- ponent said he thought that most needful, the weather being so extreme, and asked him what his friends would think if his wife should do any other than well. He said what cared he what any other of them said, he scorned to look after her any more, for he said he intended to go out to service. Then deponent asked who should maintain his wife and child, for deponent understood that they were not to go out to service while they were living. He told him to be gone, not to stand prating about his business. So deponent left him and went to look for her, stopping at her brother John Poor's and her father Poor's but they had not seen her. So her brothers John and Henry Poor and the neighbors at the Neck went
29
RECORDS AND FILES
1675]
Mary Chapman being called, and it being declared that she was not yet fit to come out of doors, she was ordered to appear at the next Salem court.
Mr. Jonathan Wade and his son Thomas Wade made oath to the following debts due as per his book: Roger Grant, 4li. 15s. 9d .; Gabrill Tedderly, by oath of Jo. Barry, 2li. 13s .; Phillip King, 4li. 7s. 11d .; Wm. Linckhorne, 3li. 16s. 7d .; John Marshall, 4li. 10s. 6d .; Phillip Bill, 5li. 4s. 10d .; Robert Kinsman, deceased, 2li. 15s. 5 1-2d .; Obadiah Wood, 25 C. 1-2 bread, credit, 9li. 13s. 3d.
John Joanes's will was proved and inventory delivered.
Richard Swan, Ezekiell Northend, Thomas Lamber and James Bayly were bound for Thomas Tenny, jr., in his pre- sentment for committing fornication with Mary Tenny.
Thomas Tenny, jr., confessed the fact.
Thomas Dennis, upon complaint of the selectmen of Ipswich, was fined.
Ezekiell Northend, John Pickard and John Johnson com- plained of several Rowley persons, but they withdrew the action, paying costs .*
back with deponent and they found her in Rowley marsh farm. She had life in her, but was frozen stiff and had fallen upon her back with her arms spread out. They took her up and in carrying her a few rods, they apprehended that she was dead, so they carried her to her father's house. Deponent went to inform her husband who said that she would go, and that is what she had gotten for her pains, and deponent told him to tell his father and mother of it. Sworn in court.
William Jackson and wife Joanah deposed that about four- teen or fifteen years since, their son was taken with an illness in his head and was struck with such a melancholy that it was thought that he was dead, and he spent one summer in this condition, acting as if bereaved of his understanding. Further that he had never recovered fully and Mr. Crosbie said that whatever he set about to do, no one could convince him to the contrary. Also that he had not the capacity to work at his calling.
*Thomas Leaver, sr., deposed that a committee being chosen by the town of Rowley concerning the value of pasture lands for the ministry rate, the committee agreed concerning these lands near men's houses as it is written in the town book, but
30
IPSWICH QUARTERLY COURT
[Apr.
Three Indians brought by the constable of Gloster for being drunk were fined or to be whipped. The constable was allowed 10s. each for bringing them. Symon, one of them, had his costs paid by Mr. Willson.
Symon, an Indian, brought before court with two other Indians, for being drunk, and being examined as to where they obtained their drink, confessed that they had a pot of beer at Mr. Duncan's of Gloster, and Jacob, Indian, had a pint which he carried into the woods.
Given to the house, 6s. 8d.
Andrew Peeters was bound for the appearance of Mary, wife of Nathaniell Chapman.
Will of Joseph Redding of Ipswich, dated Dec. 15, 1673, mentions wife Agnes and the children of his daughter Hunt. Wit: William Hubbard and Mary Hubbard. [Original on file in the Registry of Probate.]
Inventory of the estate of Joseph Reding, taken Mar. 8, 1674, by Jonathan Wade and John Dane, amounting to 351 li. [Original on file in the Registry of Probate.]
Will of George Smith of Ipswich, dated Apr. 13, 1674, mentions sons Samuell and Thomas, daughters Sarah Newman, Rebecca, Joanna and Elizabeth Smith; his son Thomas was to live in his house until his own were finished. Wit: John Brewer and Walter Roper. [Original on file in the Registry of Probate.]
Inventory of the estate of George Smith who deceased Dec. 15, 1674, taken Dec. 29, 1674, by Daniel Epps and John Whipple, amounting to 32li. 4s. 8d. [Original on file in the Registry of Probate.]
Inventory of the estate of Robert Starkweather taken Nov., 1674, by Edward Bragg, Sergt. Perkins and Nathaniell Tredwell, amounting to 59li. 2d. [Original on file in the Registry of Probate.]
Inventory of the estate of Mr. Ezekiel Rogers of Ipswich, taken July 29, 1674, by John Appleton and John Whipple,
the question being put concerning the east end ox pasture, whether that should be included in the pasture land, they agreed that it should not. John Pickard and John Trumble testified to the same. Sworn in court.
31
RECORDS AND FILES
1675]
and allowed upon oath of Mrs. Margret Rogers, amounting to 184li. [Original on file in the Registry of Probate.]
COURT HELD AT SALEM, JULY 20, 1675.
Present as judges: Samuell Simonds, Esq., Dept. Gover., Ma- jor Generall Daniell Denison and Major William Hathorne, Esq.
Grand jury: Nathanll. Putnam, Tho. Rootes, William Trask, Joshuah Rea, Joseph Huchesson, Nathanll. Walton, Henry Herrick, James Moulton, jr., William Benett, Jeffery Persons, Ensigne Bancraft, John Burrell and Hen. Collens, sr.
Jury of trials: Mr. Barthollmew Gedney, Mr. Hilliard Veren, jr., Nathaniell Felton, Edward Flint, John Hill, John Peach, jr., William Greeges, Walter Faierfeild, Daniell King, Edw. Baker, Theofilus Baily and Jonathan Hudson.
Giles Aley acknowledged judgment, Mar. 29, 1675, before Major Wm. Hathorne and Edward Ting, Esq., to Capt. George Corwin.
The will of Mr. Thomas Gardner was brought into court by his son, Mr. Samuell Gardner, one of the executors, Mar. 29, 1675, and allowed.
Samuell Fiske, aged about thirty years, deposed that a little while after Thomas Kemball's mare was lost out of Mr. Newman's yard, he met John Hunkings and asked him why he took it. He said he thought of taking Mr. Newman's horse but turned him out again and did not question that wherever the mare was turned out she would come home to Goodman Kimball's. Then deponent told him he had the mare, for deponent said "doe you think that I would haue been so mad as to goe on foott at that time of the night to Ipswich when there was two Jades in the yard Hunkings Re- plyed that if it were so he would not owne it but said he honist men maye be wronged as well as knaues." Sworn in court.
Richard Kemball, aged fifty years, deposed that after his son's mare was lost out of Mr. Newman's yard, etc. Hunkings said that the mare might be about Chobacko. Brooks testi- fied that she, etc. Sworn, 30 : 1 : 1675, before Wm. Hath- orne,* assistant.
Presentments, signed by Jonathan Wade,* in the name of the rest.
David Wheeler of Rowley and his wife were presented for frequent absenting themselves from the public ordinances.
*Autograph.
32
SALEM QUARTERLY COURT
[July
Administration of the estate of Richard Bishop was granted to his son Thomas Bishop and his son-in-law John Durlan, Mar. 30, 1675, by Maj. Wm. Hathorne and Edward Ting, Esq., and said Bishop and Durland were ordered to settle the estate at the next Salem court. Mary, the relict, and John Dur- land brought in an inventory.
Mr. Timothy Lindall, Mr. Jonathan Corwin and Mr. James Brown were fined for not appearing to serve on the jury of trials.
Ezekiell Needham v. Steeven Cross. Withdrawn.
Edmond Bridges v. Robert Ames. Review of a case tried at the last Ipswich court. Verdict for plaintiff .*
*Writ, dated June 18, 1675, signed by Hilliard Veren,t for the court, and served by John Gould,t deputy marshal for Henry Skerry, t marshal of Salem, by attachment of land near defendant's house.
Copy of papers in a similar action brought, Mar. 30, 1675, in Ipswich court.
Copy of bond, dated Apr. 1, 1675, given by Edmond Bridges of Salem to Robert Aims of Rowley Village, to be paid in money and cattle. Wit: John Asee and Thomas Lambert, who made oath, July 19, 1675, before Daniell Denison. Copy made by Hilliard Veren, t cleric.
Copy of receipt, dated Oct. 12, 1674, given by Edmond Bridges to Robert Ames for a steer which he delivered to said Ames, Sept. 2, 1674. The steer he had of John Comins. Wit: Steephen Haskett and Zacheus Curtice.
Edmond Bridges' bill of cost, 4li.
Edmond Bridges't receipt in full, dated Apr. 1, 1675, to Robert Ames. Wit: John Aciet and Thomas Lambert.f
Zacheus Curtice and Jonathan Luke deposed concerning the ownership of the steer. Sworn, 23 : 9 : 1674, before Wm. Hathorne,f assistant.
John Littlehale, aged about twenty-three years, deposed that on Aug. 3, 1674, he sold a steer to his brother Edmond Bridges and received his pay and the same day rode away with his brother from the house of William Avery to Robert. Ames', etc. Sworn, 22 : 1 : 1674, before Wm. Hathorne, assistant. Copy made by Robert Lord,t cleric.
John Gould and Joseph Pebody deposed that they heard Edward Bridges, jr., tell Goodwife Androus that if her son Symonds would come and reckon with him, that he would pay him in corn. Sworn in court.
+Autograph.
33
RECORDS AND FILES
1675]
Ensign John Goold v. Thomas Bishop. For refusing to deliver a deed of sale of land which was given for security of a bond, the bond being all paid. Verdict for plaintiff, a bill of sale, dated Oct. 3, 1674, of fifty acres of land. Appealed to the next Court of Assistants. Thomas Bishop and Samuell Hunt bound .*
Ens. John Goold v. Mrs. Margaret Bishop, executrix of the estate of Tho. Bishop, deceased. Review. Verdict for plain- tiff. Appealed to the next Court of Assistants. Samuell Bishop, John Spark and Samll. Hunt bound.t
Robert Lord, marshal, and John Acie deposed. Sworn in court.
John How deposed. Sworn, June 24, 1675, before Daniel Denison.±
John Litilhale deposed. Sworn, 19 : 5 : 1675, before Wm. Hathorne, assistant.
John Acie and Thomas Lambert deposed. Sworn, July 19, 1675, before Daniel Denison.
*Writ, dated June 24, 1675, signed by Robert Lord,# for the court, and served by Robert Lord,¿ marshal of Ipswich. Bond of Thomas Bishop.}
John Gould's bill of cost, 2li. 16s. 9d.
John How, aged about thirty-three years, deposed as to the bond. Sworn in court.
Receipt, dated Apr. 3, 1675, given by Samuell Bishop to Ens. John Gold, for satisfaction of the judgment of the court at Boston in an action commenced against said Gold by Nathan- iell Bishop, as assignee of Thomas Bishop. Wit: Jonathan Wadeź and Thomas Wade.
Summons, dated June 15, 1675, for the appearance of Ens. John Gould upon complaint of Mr. Thomas Bishop, signed by Daniel Dension.#
Thomas Bishop,# on Oct. 3, 1674, agreed not to sell the fifty acres conveyed to him by John Gould, by mortgage, until the expiration of the bond. Wit: John How, # Samuell Bishop# and Ephraim Dorman.# Sworn, 24 : 9 : 1674, before Wm. Hathorne,į assistant.
¡Writ, dated June 24, 1675, signed by Robert Lord,¿ for the court, and served by Robert Lord,¿ marshal of Ipswich, by attachment of two horses of defendant.
John Gould's bills of cost, 24li. 17s., and 3li. 13s. 1d.
Zacheus Curtiss, jr., deposed that being at John Gould's house, he remained all the time that Marshal Lord was levying #Autograph.
34
SALEM QUARTERLY COURT
[July
Ens. John Goold v. Nathaniell Putnam, in behalf of the owners of the Iron works at Topsfeild or Rowly village. Re- view. Verdict for defendant. Appeal to the next Court of Assistants. Bond of John Goold, Lt. Oliver Purchase and Edmond Bridges .*
the execution, etc. Edmond Bridges and John Nuemarch also mentioned.
Edmond Bridges deposed. Sworn in court.
*Writ, dated 11 : 3 : 1675, signed by John Redington,t for the court, and served by Robert Lord,t marshal of Ipswich, by attachment of 360 acres of land which was taken from Ens. Gould, Mr. Thomas Baker and Nathaniell Leonard being the other defendants.
Nathaniel Putnam's bill of cost, 1li. 14s. 6d.
Copies of papers in a similar action brought, Mar. 30, 1675, in Ipswich court.
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