USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 41
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*Writ, dated Boston, Mar. 7, 1677-8, signed by Ephraim Turnor, ¿ for the court, and served by Returne Waite,# deputy marshal of Suffolk. Bond of Theoder Atkinson.}
Copy of papers in an action of Henry Bennett v. John Stanion, brought 27 : 9 : 1677 in Salem court, made by Hilliard Veren,# cleric.
Joshua Winsor, aged about twenty-nine years, deposed that he was desired by Abram Perkins to go with him to Theoder Adkesen, sr., and witness that he demanded the bill of said Adkesen, which was refused. Sworn, 7 :1 :1677-8, before Wm. Hathorne,# assistant.
Moses Gillman, aged about forty-six years, deposed that Mr. Theodor Attkinson, jr. stayed at deponent's house when he came to Exeter to collect his father's bills and that he had full power from his father. Sworn, 27 : 1 : 1678, before Wm Hathorne,¿ assistant.
Jno. Griffin, aged about thirty-seven years, deposed that about nine or ten years since, Theoder Adkeason, jr., was several times at Haverell collecting for his father and had a general letter of attorney to that end. Sworn in court.
+Writ: Mr. Roger Toothaker v. Marke Quilter; for refusing and not paying for the cure of his hand; dated Mar. 20, 1677-8; signed by Robert Lord,# for the court; and served by Robert Lord,¿ marshal of Ipswich.
#Autograph.
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IPSWICH QUARTERLY COURT
[Mar.
copy under the hand of the secretary of Barbadoes of the will of Thomas Jones, father of said John, in which it was provided that if John Jones should die under age, his estate should revert to the only daughter, now wife of Thomas Woodbridge of Newbury, to whom administration had been granted, said Woodbridge now brought in an inventory and it was allowed.
Hugh Marsh had his license renewed for a year, also his license for liquors.
Mr. Peeter Duncan's license was renewed for a year .*
John Stone's license was renewed for a year, also his license for liquors.
Ezekill Woodward's license to keep ordinary was renewed for a year, also his license for liquors.
Edward Hassen had his license to keep ordinary renewed for a year, also his license to sell liquors.
Capt. John Appleton, Capt. John Whipple and Deacon Wm. Goodhue were allowed until next September court to make an accounting of the estate of Mr. John Paine.
John Wicom was discharged of his presentment.t
John Knight of Newbury dying intestate, administration upon his estate was granted to Bathshebah his widow, who was ordered to bring in an inventory to the next September court, and she was bound.
John Hamons dying intestate, administration upon the estate was granted to Mary, the widow, who was to have the estate for the bringing up of the children.
Edward Wharton dying intestate, administration upon the estate was granted to Samuell Shattock, sr., and Samuell Shattock, jr., who were ordered to bring in an inventory to the next Salem court, and were bound.
*"Mr Peter Duncan is Chosen to keep ordiniry as formerly he hath done if the honoured Courte please to Confirme the same. gloster the 6 of march 1678 by order of the selectmen Thomas Riggs."
¿Presented from Rowly for being in Samuell Smith's house when the door was locked and nobody at home, upon suspicion of stealing, he being seen to creep out of a hole and to throw out a bag before him. Wit: William Jaxson and Samuell Smith.
#Autograph.
425
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1678]
The selectmen of Andover petitioning concerning Samuell Hutchenson, court granted them power to place out his children according to law.
Will of Nicolas Batt was proved and objection was made by John Webster.
Ephraim Fellows complaining that Wm. Chapman had spoiled a cow of his appraised at 4li., court ordered that said Chapman serve Daniell Hovey one year after his time is out, said Hovey having paid Fellows for it.
Thomas Giddings, and his wife were fined for fornication before marriage.
Samuell Perkins was fined for fornication.
James Chute, presented for railing, was fined .*
Peeter Swamway, presented for fornication, was ordered to be whipped or pay a fine.
Thomas Turvill dying intestate, Joseph Pike was appointed administrator, and Anthony Somerby and Henry Jaquis were appointed a committee to examine the debts and make return according to law.
Phillip Fowler, for abusive speeches reflecting on the Gov- ernor and Magistrates, was fined.
John Wooden was released from training paying a bushel of corn a year to the use of the company.
Thomas Baker was admonished upon his presentment.t
*Presented for calling John Numan dog, etc. Wit: John Numan and wife and Samuell Serle.
¡John Cummings, aged forty-seven years, deposed that "in the time of publik worship mister hubbard preaching ought of the 4 psal. hoo will shew us any good lord left ouer us the lit of th Countinanc he saying in act of exsortation that ye good a Christian desired ded not lie in lands and great farmes but in the lit and countinance of gods favioure yn I ded se thomas baker lafe In so much yt Mr hubbard sayd you shall not lafe fore I deed not goo abought the bush for what I speake for this depoonat saith that another time thomas baker was seetin in his seat as if he ware asleep with his head upon the for part of the seat so longe that at last mister hub- bert spake oute of exsersis and sayd do not sleep so unlese you mind to be named. Thomas backer turned his face to me and laught," etc. Sworn in court.
William Howlett, aged twenty-seven years, deposed that
426
IPSWICH QUARTERLY COURT
[Mar.
John Miller, sr. complained against John Emry and John Bayly for keeping his children from him. It was agreed after debate that John Miller, the younger, should be bound appren- tice to Joseph Bayley until twenty-one years of age, and Andrew Miller, the younger, should be bound to John Emry, jr., until twenty-one years of age, and said Emry agreed to teach him to read and write.
Daniell Clarke, for selling a gill of liquors to the Indians, was fined .*
Abraham Perkins was allowed a bill of costs in an action commenced against him by Mr. Wm. Hubbard, on Sept. 29, 1674, at Ipswich court.
John Lee, presented for cursing, was fined.
The Quartermaster was fined for suffering Richard Bed- ford in his house unseasonably.}
John Kimball revoked his letter of attorney made to Benja- min Kimball or any other person. He further declared in court that no bargain made with any man by him without the consent of Symon Stace, Nicolas Wallis and Moses Brad- street would be good in law and the court approved.
Richard Woolery was ordered to pay 18d. a week toward the child of Morse's daughter, he being the reputed father,
he saw Thomas Baker laugh several times in the time of public worship. Sworn in court.
Thomas Perkins, sr., deposed that by the change of Baker's countenance, he judged that he laughed, etc. Sworn in court.
Presented for unseemly carriage and laughing in time of public worship on Sabbath days. Wit: Deacon Perkins, William Howlett, John Wiles and John Cumings.
*John How and Peter Shomway deposed that one day last week there came Jaremiah Indon, the tinker, from Danill Clark's so disguised with drink that he could not go but fell down in the highway. Deponents went over to said Clark's and told him that he did not do right to let Indians have drink, the latter having said that he had five gills of rum last night, but Clark said he let him have one gill and no more. Owned in court.
Presented from Topsfield. Wit: John Gold, John How and Peter Shamway.
+Wit: Thomas Knolton, who said there were others nearer by than he.
ĮWit: Nathaniell Tredwell.
427
RECORDS AND FILES
1678]
until the next September court, and then if he bring a man who will take the child for years, he shall be freed.
Jacob Hardy, for his great offence in taking up a horse illegally and contriving and feloniously taking him away, endeavoring to deprive the owner of his right, was fined.
Caleb Boynton, for assaulting Samuell Perkins upon the high- way, was fined, unless he make an humble acknowledgment in court that he had done very evil and given a bad example .*
The clerk, being complained of for altering one name for another, was admonished.
Court adjourned to the last of April at ten of the clock.
COURT HELD AT SALISBURY, APR. 9, 1678.
The worshipful Samll. Symonds, Dep. Gov., President; Capt. Nathll. Saltonstall, Capt. Tho. Bradbury and Mr. Samll. Dalton, associates.
Jury of trials: Leift. Georg Brown, foreman; Leift. Ralfe Hall, Jno. Foulsham, sr., Tho. Fowler, Edmond Elliott, William Buswell, Nathll. Brown, John Stevens, Joseph Fletch- er, Richard Hubbard, Joseph Moulton, Henry Green, and Ephraim Winsley in Allen's case.
Grand jury: William White, foreman, William Osgood, sr., Samll. Felloes, sr., Joseph French, sr., William Barnes, John Hoyt, sr., Humphrey Wilson, Robert Page, William Fuller, Nathll. Batcheller, Nath. Weare and Tho. Whittier.
Daniell Tilton v. Christopher Palmer. For selling and delivering to plaintiff fifty acres of land in Hampton near Taylor's river, which said Tilton could not hold by law, for part of it which he improved was claimed by the town of
*Samuell Perkins't complaint against Caleb Boynton of Rowly, blacksmith; that he was going to court to answer a presentment with the marshal's deputy, Christopher Bowells, and going quietly along the King's highway, met with sayd Boynton between Ipswich and Rowly. He passed him, but Boynton called to speak with him and proceeded to abuse him by laying violent hands upon him, pulling off his hat, taking him by the neckcloth and shoulder, challenging him and calling him vile names, etc. Sworn in court.
+Autograph.
428
SALISBURY QUARTERLY COURT
[Apr.
Hampton as part of their commons, etc. Verdict for plaintiff, the land to be made good.
Daniell Tilton v. Christopher Palmer. Trespass. For taking away 1,000 merchantable white oak pipestaves without any order from him, which staves lay at the water side at Exeter landing place near Kinsley Hall's house and which were taken in the summer time of 1674. Verdict for plaintiff, 809 staves to be delivered at some convenient landing place near Humphrey Wilson's point in Exiter.
Edward Colcord v. Mrs. Katherine Nanny, alias Nayler. For not paying for 2,500 white oak pipestaves delivered to her in her husband's absence at her wharf in Boston by Jno. and James Philbrick about twenty years ago. Verdict for plaintiff, 2,500 staves to be delivered at Huggins' landing place in Hampton. Mr. Wheelwright, said Mrs. Nanny's attorney, appealed to the next Court of Assistants. Rev. Mr. Jno. Wheelwright and Jno. Severans, both of Salisbury, bound for Mrs. Nanny of Boston.
From Samuel Dalton's commissioner records. See ante v. V, p. 235. On 14 : 9 : 1677, Richard Goodwin of Amesbury and Mary Fowler of Salisbury were married.
On 20 : 9 : 1677, Luke Maloone of Dover township and Hannah Clifford of Hampton were married.
On 4 : 10 : 1677, Christopher Keniston and Mary Muchmore, both of Portsmouth, living at Greenland, were married.
On 20 : 8 : 1677, Henry Brown of Salisbury took the commissioner's oath for ending small causes.
On 20 : 10 : 1677, Nathaniel Stevens of Dover and Mehetable Colcord of Hampton were married.
On 8 : 11 : 1677, Mr. Robert Ring acknowledged judgment to Henry Dow, marshal of Norfolk, in Indian corn.
On 30 : 8 : 1677, upon complaint of Mr. Thomas Wells, minister of Ames- burie, of a certain company meeting at his house upon the 16th instant in the evening when he was away from home, and that Samuell Weed, one of the company, offered some incivility to Mr. Wells' wife in going into her bed chamber, waking her out of her sleep and kissing her and then returning to his company below, said Weed fined and bound to good behavior.
It appearing that John Colby, Orlando Bagly, Thomas Frame, and Thomas Harvie were in company with Samll. Weed, and also some others not now present, who had opportunity given them to clear themselves by giving evi- dence against any disorder in the house, but none of them taking advantage of it, they were judged to be abettors of what was there acted either in drink- ing or in uncivil carriage toward Mistress Wells and were fined and admonished.
On 5 : 9 : 1677, Georg Jones, sr., complaining against Anthony Goffe for stealing twenty-five pipestaves from him, was ordered to pay treble damage.
On 8 : 11 : 1677, Robert Ring acknowledged judgment to Hen. Dow, mar- shal of Norfolk, in Indian corn.
429
RECORDS AND FILES
1678]
Samll. Levitt v. Edward Hilton. Review of an action tried at the last Hampton court, concerning mowing a piece of meadow or marsh which lay down the river of Exiter above the first creek, which meadow plaintiff bought of Mr. Peirson of Boston, defendant endeavoring to alter the title. Verdict for plaintiff.
Henry Green v. Abraham Drake. For not delivering to him as the assignee of Mr. Harlackinden Symonds 20li. 8s. 9d. according to law and his duty as marshal, as by judg- ment of the Salisbury court, Apr. 8, 1673, there still being due upon execution 18li. 8s. 9d. Withdrawn.
Mary Kimball v. Benjamin Easman. Appeal from a judgment of the commissioners of Salisbury, Mar. 19, 1677-8. Special verdict. If the promise made by the widow to Ben. Easman be good in law, they confirmed the former judgment; if not, they found the reversion of the former judgment. Court judged that the promise made by the widow being not legally proved was not good in law and found for plaintiff. Judgment satisfied by John Severans, attorney to Mary Kimball.
Samll. Getchell v. Samll. Fowler. Appeal from a judgment of the commissioners for small causes, Mar. 19, 1677-8. Ver- dict for defendant, confirmation of the former judgment.
Major Richard Waldern v. Mr. Andrew Wiggin. Trespass. For cutting and carrying away great quantities of timber from off the land called Squomscott patent land. Verdict for plaintiff.
Capt. Tho. Bradbury v. Edward Smith and Samll. Hall. Debt. To be paid in current New England money. Tried before eleven jurymen. Verdict for plaintiff.
Christopher Palmer v. Capt. Walter Barefoot. Debt. Forfeiture of a bond. For not keeping the award of Major Nicolas Shapleigh and Master Samll. Dudley. Verdict for plaintiff.
Robert Downer v. John Eaton, sr. For withholding and entertaining his servant Joseph Eaton, son of defendant, con- trary to his mind and refusing or not giving indentures. With- drawn.
Byley Dudly v. Moses Gillman. Forfeiture of a bond.
430
SALISBURY QUARTERLY COURT
[Apr.
For not performing an award by Ensign William More, Samll. Levitt and Moses Levitt. Verdict for plaintiff. The bond was moderated upon request of defendant.
Henry Roby and Christopher Palmer v. Edward Colcord. For neglecting or refusing to give peaceable possession of four acres of meadow made over by deed of sale to Abraham Drake, dated 28 : 9 : 1666, which deed was assigned to said Roby and Palmer by Abraham Drake on 23 : 11 : 1668, and afterwards confirmed, and for endeavoring to alter the title of the meadow by selling it to another man, as by deed to Evens of the same meadow, dated Aug. 20, 1669, also for keeping said meadow eight years. Nonsuited.
John Allin v. Tho. Clarke. For attaching, as marshal's deputy, the estate of plaintiff in the suit of Steven Cross of Ipswich to appear at the last Salem court to come to an agree- ment with said Allin to deliver to him 20s. or 500 merchantable boards at Exiter, and notwithstanding the agreement, pro- ceeded against Allin in his absence. Withdrawn.
Moses Gillman v. Byley Dudley. Forfeiture of a bond. For not performing an award by Ensign William More, Samll. Levit and Moses Levitt. Verdict for defendant.
Anthony Stanian v. Charles Hilton. Debt. For 5,000 feet of pine boards due upon forfeiture for not paying 7,500 feet in May, 1673. Verdict for plaintiff.
William Osgood, sr. v. Samll. Worcester. For not satisfy- ing or paying 500 feet of boards or planks for every thousand sawed at the mill, as he was engaged to pay to the town by his grant for the timber, as copartner with Anthony Colby, for a quarter part of the mill. Nonsuited.
Christopher Palmer v. Daniell Tilton. Debt. For land sold him on Oct. 20, 1671. Verdict for defendant.
Onesephorus Page took the constable's oath for the town of Salisbury.
In the settlement of the estate of John Kinsbery who left two children, upon the widow's marriage to Peter Green, court having ordered that the land that was Kinsberry's should be security for the childrens' portions, and now the woman who was John Kinsberies wife and administratrix being also dead, Henry Kinsbery, father of said John and grandfather of
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1678]
the two children having agreed with Peter Green to take the two children and their portions of forty acres of land into his hands, court approved and said Green, who was a second husband, was discharged from any further care of the children.
Mr. Samll. Dalton presented a list of tythingmen chosen by the selectmen of Hampton, which the court approved.
Capt. Bradbury presented a list of tythingmen chosen by the selectmen of Salisbury, which the court approved.
Capt. Gillman presented a list of tythingmen chosen by the selectmen of Exiter, which the court approved.
Leift. Brown of Haverhill presented a list of tythingmen chosen by the selectmen of Haverhill, which the court ap- proved.
Capt. Saltonstall of Haverhill presented a list of names of those to whom he had administered the oath of allegiance and fidelity.
Mr. John Grothe acknowledged judgment in cattle and corn to Mr. John Wheellwright.
Mr. Edward Colcord for himself and as administrator of the estate of his son Edward Colcord, deceased, acknowledged judgment to Mr. William Bradbury in white oak hogshead staves and heading or in white pine boards at 40s. per thou- sand, at the Falls landing place in Hampton.
Mr. Edward Colcord acknowledged judgment to Mr. Tho. Bradbury of 1,600 feet of merchantable white pine boards.
Corporall Christopher Palmer acknowledged judgment to Mr. Tho. Bradbury of 1,200 feet of merchantable white pine boards.
Christopher Palmer acknowledged judgment to Ensign William Buswell.
Chris. Palmer acknowledged judgment to Mr. Samll. Dal- ton.
Willi. Allin, jr., acknowledged judgment to Mr. Willi. Bradbury in white pine boards.
Mr. Georg Goldwyer acknowledged judgment to Major Richd. Waldern.
John Gould of Topsfeild, for reproachful speeches and behavior in court toward Capt. Saltonstall, as saying "you are no judge of ye Court," in a violent manner, was fined.
432
SALISBURY QUARTERLY COURT
[Apr.
Upon motion of Samll. Colby of Almsbery and of the select- men and minister of the place who gave a certificate of his fitness, according to law, to keep a house of public entertain- ment, court granted, with particular respect to a late law about granting and regulating ordinary keepers, a license to said Colby for the year ensuing to sell beer, cider, man's meat and horse's meat, with lodging to strangers and travellers only. He was particularly forbidden to sell or draw wine or liquors, or any sort of drink for the inhabitants of the town or give them entertainment, which was contrary to law.
Henry Roby petitioning for the renewal of his license to keep an ordinary in Hampton for the entertainment of trav- ellers and drawing of wine and liquor, court granted license to sell wine, liquor, beer, cider and provisions for man and horse to strangers and travellers only, forbidding him to give entertainment to any of the inhabitants of Hampton or to sell drink to them.
Capt. John Gillman of Exiter had his license renewed to keep ordinary at Exiter for the sale of provisions for horse and man and drawing of wine and liquor, beer and cider, and that to strangers and travellers only, forbidding him in any way to give entertainment or sell wine, liquor or any sort of drink to any inhabitant of Exiter. He was to obey the laws con- cerning the calling of a public house keeper.
Daniell Ela of Haverhill petitioning for renewal of his license as ordinary keeper there, court granted him a license only to sell beer, cider, man's meat and horse's meat and lodging to travellers or strangers only, utterly forbidding him to give or sell any entertainment or any sort of drink to any of the inhabitants of the town, which is contrary to a late law. His former liberty was withdrawn and he was forbidden to draw wine or liquor by retail for any person whether stranger or inhabitant and was required strictly to attend the laws of the country and the order of this court relating to innkeepers or houses of entertainment.
Court having withdrawn Daniel Ela's license to sell wine and liquor, and later being informed of wine and liquors now in his house, court granted him until next Hampton court to draw off what wine and liquors he has in his house and no
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1678]
other, by retail, provided it be drawn for strangers and trav- ellers only.
Cornet John Severans desiring a renewal of his license to keep a public house of entertainment and to sell wine, cider and liquors for the ensuing year, court granted license pro- vided he entertain and sell to strangers only, prohibiting him in no case to entertain and sell to the inhabitants of Salisbury contrary to law, and cautioning him strictly to observe all the laws which relate to his place as innkeeper.
License was granted for the ensuing year to Willi. White of Haverhill to sell cider by retail, provided it be out of doors and not less than one gallon at a time.
Caleb Perkins and Bethia, his wife, presented for fornica- tion before marriage, which they owned, were sentenced to be whipped or pay a fine.
Elizabeth Garland's presentment was referred to Hampton court next, she being not able at present to come to court, having been lately brought to bed.
Samll. Foulsham, presented for taking up a cow in the woods that did not belong to him and selling her, having found his own cow afterwards, was admonished, court judg- ing that it might have been a mistake at first, but after warning he did not desist.
George Jones was bound to good behavior.
Francis Genings was bound to good behavior.
George Jones, sr., convicted for breach of the peace and the evil carriage of said Jones and his wife toward Mr. Scam- mon and his wife and family many times, was fined or to be whipped ten stripes tomorrow after lecture.
John Jones, convicted of wicked works spoken to two of Mr. Scammons' sons tending to the corruption of youth, was ordered to be whipped five stripes or pay a fine. Upon his father's petition, the sentence of whipping was to be taken off, Nathll. Boulter engaging to pay the fine.
Elenor Barnard, administratrix of the estate of Tho. Bar- nard of Amesbury, with four of her sons, asking for a settle- ment of the estate, court ordered to the widow, 200li., com- prising the house and home lot, half of the higgledee piggledee lot of salt marsh and the whole sweepage lot at the beach at
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SALISBURY QUARTERLY COURT
[Apr.
the prices entered in the inventory, and such things as she desires as per the inventory. Court ordered that unless there be a necessity, as the court should judge, for the sale of any of the lands for her maintenance, she should not sell it or give it away except to one or more of her children. Court also ordered that a due respect being had to what any of the children have already received as portions, the same should be divided among the rest of the children, the eldest son having a double portion.
Capt. Tho. Bradbury, Leift. Phillip Challis and John Weed, upon request of some of the children of the widow Barnard, were impowered to divide the estate of their father Tho. Barnard which was given to them, and to make return to the next Norfolk court.
The town of Exiter was fined for want of weights and meas- ures and for a defect in a highway.
Mr. Edward Colcord having obtained judgment upon a title of land in a former court, which was appealed from but not prosecuted, upon which appeal bond was taken and the said bond Colcord sued out and had judgment for and execu- tion levied for the whole bond, also the land sued for at the trial having been and now is in said Colcord's possession, and now Colcord moving for execution to be granted according to the first case, court ordered the recorder not to grant execu- tion without order of the General Court or the County court.
About January, 1677, Susana Buswell was fined for excessive drinking, which she owned.
Allowed to the servants of the house where the magistrates lodged, 10s. at the treasurer's discretion.
Abraham Moulton and Robert Ring were fined for ex- cessive drinking, having been convicted before Major Pike as commissioner.
Jonathan Pirkins, aged about twenty-seven years, deposed that some time the last spring he came to the shop of Hezron Levitt, Francis Jennins being there, and Joseph Samborn told Jennins that there were children baptized. Jennins said that they had received the mark of the beast. Owned, 8 : 2 : 1678, before Samll. Dalton, commissioner, and also sworn in Salisbury court.
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RECORDS AND FILES
1678]
Seaborn Cotton and Anthony Stanian testified that having discourse with Capt. Benjamin Swett the day he went on his voyage to Black Point where he was slain, he was very solicitous concerning the settlement of his estate and declared that it was his desire that his wife should be so left that she might live comfortably and not be beholden to any of her children for maintenance. He also asked deponents to be helpful to his wife if he should be taken away. Sworn, Mar. 29, 1678, before Samll. Dalton, commissioner.
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