USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 33
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Lawrance Clenton and Mary Woodden, bound over for fornication, confessed, and he was ordered to be severely whipped.
Mary Woodden, for fornication, was ordered to be whipped.
John Hunkins, being the reputed father of Hanah Hay- ward's child, was ordered to pay 40s. to Wm. Hayward for keeping the child to this day and 2s. a week by the month until the court take further order, and to be committed to prison till it be done. Joseph Lee was bound for said Hunkins.
John How, for cursing speeches against the woman, was fined, and upon the second presentment for warning meetings on the Sabbath days, was admonished.
Court ordered that no execution be served on Jonathan Platts for the bill of cost put in by Mr. Phillip's the last ses- sions.
Jonas Gregory, the whipper, for abusing the court, in not
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1677]
performing the duty of his office upon Lawrence Clenton, was sentenced to be whipped.
Haniell Bosworth's daughter's fine was remitted.
Laurance Clenton was committed to Mr. Perkins to serve out his fine.
John Browne of Ipswich dying intestate, administration upon the estate was granted to John Browne, his eldest son, who produced an inventory amounting to about 450li. The estate was ordered to be divided as follows: besides the 50li. each, paid or designed to be given by the father to his two daughters, Jacob and Thorne, he shall pay within one year to each of them 10li .; to his brother Nathaniell who hath already received upon his marriage 200li., they see no cause to allow more; the rest of the estate, houses, lands, cattle, goods, etc., were ordered to said John Browne, provided the houses and lands were bound to pay to his mother 16li. per annum and a room in the house with necessary furniture during her life, and also pay such legacies as she shall be- queath at her death to her children, not exceeding the value of 21li.
Susanah Rogers, deceased, having made a writing as a will which was presented to this court and no executor named, court granted administration of her estate to John Rogers, son of Susana Rogers, the estate to be ordered according to the said writing.
COURT HELD AT HAMPTON, OCT. 9, 1677.
Jury of trials: John Severans, foreman, Tho. Mudgett, John Hoyt, jr., Tho. Barnard, John Samborn, Godfrey Deare- borne, John Clifford, sr., Morris Hobbs, sr., Peter Foulsham, Moses Levitt, Daniell Lad, jr. and Tho. Hartshorne.
Grand jury: William White, foreman, Willi. Osgood, sr., Samll. Felloes, sr., Joseph French, sr., Willi. Barnes, John Hoyt, sr., Humphrey Wilson, Robert Page, Willi. Fuller, Nathl. Batcheller, Nathll. Weare and Tho. Whittier.
John Hendrick v. Robert Downer. For withholding three pounds due for a month's work three or four years since when he was framing or building a house for Hugh Marsh at Nuberie. Verdict for plaintiff.
340
HAMPTON QUARTERLY COURT
[Oct.
Joseph Grele v. Willi. Allin, sr., and Jerimie Allin, his son. For the son's taking away a horse without his knowledge and not returning him. Verdict for plaintiff, the horse to be returned within one month if the horse be sound and well, if not to pay 5li. in corn or neat cattle .*
Benjamin Allin v. Samll. Severans. For 2,000 pine boards delivered at Exeter by Moses Gillman, to be delivered at Boston, which had not been received. Verdict for defendant. Joseph Bond v. John Wells. Debt. For non-payment of 4li. in barley, malt or Indian corn to Capt. Paul White of Nubery. Verdict for plaintiff.
Isaac Green v. Mr. Tho. Woodbridg. Debt. Verdict for plaintiff.
Richard Morgan v. George Jones. Defamation. For call- ing him foresworn rogue and foresworn cur, to his great re- proach.
Samll. Levitt v. Edward Hilton. Trespass. For mowing a parcel of meadow which he bought of Mr. Person lying upon Exeter river upon the first creek below Willi. Hilton's house, and for carrying away the hay. Verdict for defendant.
Samll. Levitt v. Charles Runlett. Debt. For 1,500 white oak pipestaves. Verdict for plaintiff.
*Phillip Grely and Joseph Tru deposed that Jeremy Allin offered to give for this horse in controversy a three year old heifer and a four year old steer before he was lost. Sworn in court.
From Samuel Dalton's Commissioner Records. See ante, vol. V, p. 235. Wm. Allin, sr. v. Sarah Taylor; for going from his service in a disorderly way and for accusing his wife of cruelly beating her; judgment, that the girl went away disorderly and she was found guilty of many contrary tales, that she had met with evil counsellors which was the main trouble, and that in the complaint against Goodwife Allin for cruel correction, there was found no legal conviction but considering the poverty of the girl's relatives, each party was to pay his own charges, also that Ann Person, the girl's mother, take care of her in the future to see that she be placed out in some godly family, and in the meantime to refrain from the company of Goodwife Houldredg and Susan Buswell.
On July 5, 1677, Returne Johnson appeared without summons and owned that he was much distempered with drink upon June 25, and was fined.
On 26 : 5 : 1677, Jonathan Thing and Mary Gillman, both of Exeter, were married.
On Aug. 25, 1677, Ezekiel Coffin, a soldier, was accused by Abr. Drake, sr., of stealing a new shirt from his orchard upon Aug. 24, which he owned he did, and he was fined and admonished.
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Robert Smith v. Nathll. Batcheller. Trespass. For claim- ing his land which he had of Tho. Moulton and possessed it long before Mr. Timothie Dalton possessed the house and land that was Tho. Moulton's, which land lay between two highways in the east field near the meadows. Verdict for defendant. Appealed to the next Court of Assistants.
Robert Smith and Jno. Redman bound.
John Palmer v. Moses Gillman. For withholding satisfac- tion for two cows which he bought of said Palmer about eight or nine years ago. Verdict for plaintiff, to be paid in pine boards at 40s. per thousand.
Phillip Grele v. Robert Ring. For 45 bushels of Indian corn. Verdict for plaintiff .*
Phillip Grele acknowledged judgment to Capt. Tho. Brad- bury.
Nicolas Lissen acknowledged judgment to John Allin.
Administration upon the estate of Tho. Barnard, sr., late of Amsberie, who was killed by the Indians, was granted to Elener, the relict, and she with as many of her husband's children as she could get were ordered to come to the next Salisbury court for a division of the estate between the chil- dren and the widow.
Ephraim Winsly was sworn sealer and searcher of leather for Salisbury for the ensuing year.
Major Pike, Mr. Tho. Bradbury and Henry Brown were confirmed as commissioners to end small causes for Salisbury, the two former being sworn, Oct. 11, 1677, before Capt. Sal- tonstall and Mr. Samll. Dalton.
Dorothie Hoyt, called into court upon her presentment for putting on man's apparel, made default, she having gone out of the county. Her father, John Hoyt, appeared and owned the fact, manifesting Dorothie's repentance, and desiring to fall under the penal part of the sentence. It was ordered that she be apprehended as soon as she returned, and be se- verely whipped unless her father forthwith pay a fine of 40s. in corn or money.f
*Philip Grele's bill of cost, 4s.
+Warrant, dated Aug. 20, 1677, and summons to witnesses, Amos Singletary, Joseph Peasley and Mary Sargent, signed
342
HAMPTON QUARTERLY COURT
[Oct.
Hanna Clement, for fornication, was ordered to be severely whipped or pay a fine.
Ephraim Marston and Abiell, his wife, convicted of fornica- tion, were fined, to be paid in corn.
Tho. Davis, presented for speaking unseemly words, was admonished.
Mary Runlett, wife of Charles Runlett, convicted the second time of fornication before marriage, was ordered to be severely whipped or pay a fine.
All lands of Peter Jonson of Hampton, late deceased, as expressed in the inventory of his estate, were ordered to be responsible for the bringing up of her children, four in number, and for the payment of their portions when they come to age. The sureties, William Samborn and John Moulton, were discharged.
Leift. Ralph Hall owned that he had made an agreement with Ephraim Foulsham with relation to the maintenance of the child of which said Ephraim was charged with being the father of by Paltiell Hall, daughter of said Ralph, and that he now assumed the whole charge.
John Severans was licensed to keep the ordinary for Salis- bury until the next Salisbury court.
Upon request of Sarah Bradbury, Mr. John Pike, her uncle, was appointed her guardian and he was ordered to put in security at the next Salisbury court.
Mr. Jno. Stockman was appointed guardian of Anne Brad- bury, and he was ordered to put in security at the next Salis- bury court.
Administration upon the estate of Edward Colcord having been granted by Hond. Samll. Symonds, Esq., Dep. Govr., and the Hond. Daniell Denison, Major Genll., to his father Edward Colcord, on July 7, 1677, he presented an inventory and was bound, with Richard Currier, as surety.
Mr. Thomas Thurton, attorney to his father and mother Tho. Thurton and Susanna Thurton, the latter being sister
by Tho. Bradbury,* for the court, and served by Tho. Sargent,* constable of Amesbury.
*Autograph.
343
RECORDS AND FILES
1677]
to Giles Fuller of Hampton, deceased, was confirmed by the court as apparent successor in his mother's behalf, he giving bond, with Henry Roby of Hampton as surety, to secure the estate unless some other appear with a better right, he paying what should be due to the administrators who had the estate in their hands.
Joseph Peaslie's bond for good behavior was discharged.
Upon motion of Capt. John Whipple of Ipswich, adminis- trator of the estate of Gilbert Willford, court ordered him to make publication according to law at the several places mentioned of the death of said Wilford, and that his estate is looked upon as being insolvent, so that the creditors might be satisfied. Capt. Jno. Appleton, Deacon Wm. Goodhue and Sergt. Tho. Waite of Ipswich were appointed a committee to hear the claims of the creditors at said Whipple's house in Ipswich and settle them.
Elizabeth Parker, for stealing 16s. from Byly Dudley, as by her own confession, was ordered to pay three-fold or be whipped immediately after lecture.
Elizabeth Perkins was appointed administratrix of the estate of Abraham Perkins, jr., late of Hampton, deceased, and her father Thomas Sleeper gave security that she would attend the next court at Hampton for the division of the estate.
Hester Swett was appointed administratrix of the estate of Capt. Benjamin Swett of Hampton, late deceased.
Court ordered that a rate of 30li. be made to defray the county debt.
Ordered that 10s. be given to servants where the court lodged, at the discretion of the Treasurer.
Timothy Hilliard was appointed administrator of the estate of his brother Benjamin Hilliard, with Tho. Philbrick as surety on his bond.
Elizabeth Quenby was appointed administratrix of the estate of Robert Quenbie, deceased.
Venire, dated, Aug. - , 167-, for Eamsbery trial jury men. Venire, dated Aug. 20, 1677, for three Salisbury trial jury men, signed by Tho. Bradbury,* recorder, and served by *Autograph.
344
IPSWICH QUARTERLY COURT
[Nov.
COURT HELD AT IPSWICH, 6 : 9 : 1677.
Obadiah Bridges dying intestate, administration upon his estate was granted to Elizabeth, the widow, who was ordered to bring in an inventory to the next Salem court.
Upon complaint of John Howard, the selectmen of Rowley from time to time are enjoined and impowered to provide a place of habitation for him and employ him to the best ad- vantage for him and the town.
Rachell, wife of Laurance Clenton, desiring to be divorced, court declared that this court could not grant it, and asking for maintenance from him according to former engagement, court ordered that said Laurance pay her 50s. upon demand.
Jacob Addams and his wife, presented for fornication, were ordered to be severely whipped unless they pay a fine of 5li.
Mr. Roger Darbie and his wife, presented for not going to the public meeting on Sabbath days, were fined.
John Lee was freed of his bond for good behavior.
Samuell Lad was fined for misdemeanors .*
James Tenny was fined for drunkenness by the Major General.
Robert Crose, for breach of the peace, was fined.
Mr. John Paine, late of Boston, dying intestate, Elizabeth his wife was appointed administratrix of his estate, and she
Ephraim Winsley,t constable of Salisbury, who returned the names of Cornett Jno. Severence, Ensign Wm. Buswell and Tho. Muggett.
*Franses Thurla, aged about forty-five years, and Ane Thurla, his wife, testified that in the evening after Mr. Long- felow's vessel was launched, about nine or ten o'clock, and after he and his family were in bed, having shut the door and bolted it, Samuell Lad of Haverhill and Thomas Thurla's man, Edward Baghott, came to their house. One or both of them went into the leanto where their daughter Sarah lay, and having awakened her urged her to rise and go to her aunt's, telling her that she was very sick. Whereupon de- ponent arose and seeing one at the door reproved him for being there, and mistrusting that there was one with his daughter, as he went to light a candle, Samuell Lad leaped out of the house. Sworn in court.
¡Autograph.
345
RECORDS AND FILES
1677]
presented an inventory, excepting the debts which she sup- posed to be many, exceeding the value of the estate. Court appointed according to the law, Capt. John Appleton, Capt. John Whipple and Deacon Goodhue to examine the claims of the several creditors and to allow such as they find clear and unquestionable debts. They were to make return to the next Ipswich court, when court would make proportionate division of the estate. This order was to be posted in Boston and Ipswich and the three next adjacent towns.
Martha Rogers, aged about sixteen years, chose her mother Mrs. Margrett Rogers as her guardian, and she was also appointed guardian of the other children of Mr. Ezekiell Rogers who were under age, Nathaniell, Ezekiell, Timothy and Samuell.
Whereas Nicolas Batt of Newbury is lately deceased and the law gives liberty to prove a will before two magistrates, the clerk John Webster, who married the eldest daughter of said Batt, came to the Worshipfull Major Generall Denison, Esq., and desired that no such will might be proved in private without his or his wife's knowledge, as they had something to say. They were so advised by the Honored Major Generall to have this caution entered.
Edith Dodge dying intestate, administration upon her estate was granted to John Dodge, and Zachariah Herrick, who were ordered to divide the estate according to the mind of said Edith declared in a paper.
COURT HELD AT SALEM, 27 : 9 : 1677.
Judges: Samuell Symonds, Esq., Deputy Govr., Majr. Genrll Daniell Denison and Major Wm. Hathorne.
Grand jury: Andrew Mansfeild, Georg Keaser, John Massey, Antho. Buxton, Jere. Meachum, Job Swinnerton [Georg Michell. - Waste Book], James Simonds, Peeter Woodbery, Robert Elwell, James Dennis, Charles Gott, Robert Rand, Mathew Farrington, Hen. Collens, jr., and Wm. Bennett.
Jury of trials: Mr. Samuell Ward [Mr. Timothy Lindall, Mr. Jon. Higgenson, Walter Fairefeild. - Waste Book], Jere- miah Neale, Edw. Flint, John Norman, Frances Nursse, Edw. Woollen, Edward Dodg, Joseph Allen, Samll. Cobbitt, Ensign Bancroft, Moses Chadwell and Theophilus Bailye.
346
SALEM QUARTERLY COURT
[Nov.
James Browne, attorney of Benjamin Mazure v. Phillip English. Verdict for plaintiff. Appealed to the next Court of Assistants. Said English bound, with Phillip Cromwell, as surety .*
*Writ: James Browne, attorney to Benjamin Masure v. Phillip English; for his perfidious and fallacious act in de- manding 7li. of Benjamin Masure for the passage of Jane Masure, his sister, and arresting him for that amount and keeping him prisoner, until at last Masure was forced for want of sureties to compound with said English to give him a bill, which is now sued for, when it now appears that Jane Mazure was Englishes servant and was to remain his servant till her passage was paid, therefore it was a cheat, after the death of said servant to demand her passage of her brother; dated 5 : 9 : 1677; signed by Hilliard Veren,t for the court, and served by Henry Skerry,t marshal of Salem, by attachment of land of defendant near Marvellhead ferry.
James Browne's bill of cost, 1li. 12s. 6d.
Philip English's bill of cost, 9s. 4d.
Phillip Legroo, aged about sixteen years, testified that when Jane Margery came aboard their ketch, he asked her why she came to New England and she replied that her brother Ben- jamen Margery had sent for her to come and that he would pay for her passage. She also said that she went to depon- ent's father's house to meet with Mr. Philip English and agreed to go, her brother agreeing to pay 7li. for her passage, by letter which she showed. Sworn in court.
Letter of attorney, dated Oct. 27, 1677, given by Benjamin (his mark) Mazare of Salem, seaman, to James Browne of Salem, glazier. Wit: Hilliard Veren, sr., t and Larains Masury. Sworn in court.
"escrite le 28 iour de mar 1677
"Au nom de dieu se soit mon frere benienmin ces deux petis mos sont pour vous faire savoir de ma bonne sante grace adieu ie pries dieu quel en soit ainsi de vous tous nos bons amis de Jerze sont en bonne sante grace a dieu les quels se recommande bien a vous en prians dieu qu il vous soit bien et a vos frere en general es quels vous feres mes humble baise mains en leur declarant le desir que iay de leur prosperite pria dieu iour uellement pour eux pour vostre seur Jenne elle setoit loues a philipe lenglois a mon apcence de quoy iesut marries mais il salut quelle senbarquas moy en voyans cela ie lasiste son bien de toute sorte de harde pour leutre tien
tAutograph.
347
RECORDS AND FILES
1677]
de soucorps et lay baille un cofre de deus lequ ie mis plasieur - petite harde que ie vous avois en voies par reconoissance.
"Autre chose pour le present sinonque ie de meure vostre humble et hobeisante seur rachel luce veuue de edouar le messarier."
Mary Morall owned in court that the foregoing was the letter that she mentions in her oath and of which she broke the seal when it was brought to her with other letters by Tho. Vely.
[Translation of the foregoing letter.]
"Written ye 28 of March 1677
"In the name of god be this, - Brother Benjamin These Two Small words are to acquaint you of my good health Thanks be to god & I pray god that it may be ye same of you all or Freinds of Jarse thankes be to god are in good health who rec- ommend them well to you & to yor Brothers in generall to whom my humble baise mains, declaring to them ye desire I haue of theire prosperities, prayeing God dayley for them; as for yor sister Jane, she was bound to phillip English in my absence; at wch I was troubled but I seing that shee must be embarqued, did Furnish her very well with all sorts of necessaries for her Apparrell & gaue her a coffer in wch I putt seuerall small cloaths wch I sent to you for a Token not elce for present but that I remayne yor humble & obedient sister
"Rachell Luce widow of
Edward Le messarier."
"Superscribed
"The present be giuen to Benjamin Le Messurier
"Liueing in Salem In New England."
John Massure, aged about nineteen years, deposed that he heard his father in Jersey say that he had bound Jeane Masere, sister of Bengamin Masere, a servant to Phillip Eng- lish, then bound to New England. Deponent being in the same vessel at sea, heard English, then master, own that she was his servant and he saw her wear the clothes of the dead maid. Sworn, 1 : 9 : 1677, before Wm. Hathorne,* assistant.
Peeter Britton, aged eighteen years, deposed that he was a passenger on the ketch and heard Benjamin Marzeury's sister say before she was taken sick that she would be free when she came to New England for her brother had sent her a letter that he would pay for her passage. Sworn, 8 :9 : 1677, before Wm. Hathorne,* assistant.
Mary Morell, aged about thirty years, testifieth that Thomas Velley brought her about six letters for her to read the super- scription, in order to know for whom they were and this letter to Benjamen Mazare was one. Sworn in court.
*Autograph.
348
SALEM QUARTERLY COURT
[Nov.
Tho. Woodbery v. Richard Stackhouse. Review. Ver- dict for plaintiff. Appealed to the next Court of Assistants. Roger Hoskins and Frances Collins, surety .*
Richard Harris, aged about twenty-seven years, testified that the maid who died at sea, sister of Benjamen Magere, he heard Phillip English say was his servant and it was his loss, but he had heard of a letter that was written by said Benjamin offering to pay for her passage and he would try to get half. Also said English divided her clothes among his other servant maidens. Sworn, 1 :9 : 1677, before Wm. Hathorne, t assistant.
Ezekiel Cheever, aged twenty-two years, testified that he was at work in his shop on lecture day the latter end of the summer, when John Tuckerman of Boston with two strangers came to his shop and left six letters desiring him to deliver them to the parties to whom they were sent. Deponent said he did not know them but his landlord was a Jerseyman and he would deliver them to him which he did. Deponent could not read the superscription on them because they were French, but he heard his landlord say that one of them was for Benja- min Megere. Sworn in court.
Ellener Clarrke, aged about sixteen years, deposed that being servant to Mr. Phillip Ingles coming from Jersy, etc. English gave her one of Jane Mazary's waistcoats after she died. Sworn in court.
Mary Pary, aged about seventeen years, testified that she being in Jarsay at the house of Philip Lagrove with Mr. Philipe English to have her indenture made, Jane Mesure brought a letter which she said she had received from her brother, etc. If her brother were dead before she arrived, she was to serve Mr. English six years, etc. Sworn, Nov. 9, 1677, before Moses Mavericke.t
Mary Pary testified that being one of those who tended her in her sickness, Jane desired that those who tended her should have what was left in her chest of her clothes, giving the key to deponent. They were not worth 20s. Sworn in court.
*Writ, dated 20 :9:1677, signed by Hilliard Veren, t for the court, and served by John Sampson,t constable of Beverly.
Richard Stackous' bill of cost, 1li. 5s.
Thomas Woodbery's bill of cost, 1li. 19s. 6d.
Copy of the record and files in this action on 26 : 4 : 1677, made by Hilliard Veren, t cleric.
Hannah Travis, aged about eighteen years, deposed that tAutograph.
349
RECORDS AND FILES
1677]
she heard her mother Stackhose call Thomas Woodbury into her house and tell him that he might take the sail, etc. Sworn in court.
John Stone, aged about fifty-five years, testified that Wood- berey told him last fall in the time of the mackerel season that Roger Hoskin put ashore part of a sale in his fish house, etc. Sworn, 23 : 9 : 1677, before Wm. Hathorne,* assistant.
Susannah Stackhouse, aged about sixty years, deposed that she would deliver upon oath all the sail that Hannah Travis brought to her house, etc. Sworn, Nov. 27, 1677, before Samuel Symonds,* Dep. Governor.
Jonah Johnson, aged about twenty-eight years, deposed that he being at sea with Humpheri Woodbury in the ketch William and Mary, they split their mainsail in an ordinary gale of wind, the bolt rope breaking, and that the sail and rope were so bad that they were not fit to go to sea. Also that Thomas Woodbury owned to him that he had cut a top- sail out of the middle of this old sail. Sworn in court.
Thomas Patch, aged about thirty-nine years, deposed that Woodbury said that he had taken out about thirty yards from the sail for other uses. Sworn in court.
Nehemiah Grover, aged about thirty years, deposed. Sworn in court.
William Huper, aged about thirty years, deposed. Sworn in court.
John Hill, aged about forty-two years, deposed that being at Thomas Woodbury's fish point, etc. Sworn in court.
Humfre Woodberry, Nicolus Grove and Benjamin Small appraised the bolt rope at 8 or 10s. and the mainsail at 58s. Sworn, 8 : 8 : 1677, before Wm. Hathorne,* assistant.
John Sampson, aged fifty years, deposed that when Wood- bury refused to accept the sail he brought, Goodman Stack- house put it into a sack again and bade him take his course. Sworn in court.
Roger Haskings, aged about thirty-four years, deposed that he brought a parcel of sail from Boston for Richard Stackhouse in the ketch Dolphin, which sail he landed at Thomas Wood- bury's point and induced John Hull to carry it into said Thom- as' warehouse, it being a good burden for a man. Sworn in court.
Hannah Harris, aged about thirty years, deposed that being at her father's house when Hannah Travis brought the sail, she judged it to be about twenty yards, etc. Sworn in court.
*Autograph.
350
SALEM QUARTERLY COURT
[Nov.
Mr. Hen. Seawell v. Mr. Wm. Longfellow. Verdict for plaintiff .*
Elizer Keaser v. William Beale [sr. - Waste Book]. With- drawn.
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