USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 5
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John Knight testified concerning his father selling the land near Pudeater's, the smith, to Bronsdon, in satisfaction of money he disbursed for deponent's sister when she lay sick in Boston nearly five years ago. On that account de- ponent gave his consent that he should have it and no one else. Sworn in court.
James Browne, glazier, aged seventy-one years, deposed that Thomas Putnam and John Knight, sr., of Beverly came to his house a little while before said Knight went to England in 1674, about the latter end of the fifth month or the beginning of the sixth to see about a parcel of glass for the said Knight's house. The glass being ready, Knight ordered it to be de- livered to said Putnam, whom deponent promised to set up the glass. Sworn in court.
*Autograph.
¡Autograph and seal.
45
RECORDS AND FILES
1675]
John Putnam, Henry Keny and John Buxton, in behalf of the committee of Salem farmers v. John Upton. Debt. Verdict for defendant .*
John Williams, aged about forty years, and Jacob Pudeater, aged about thirty-three years, deposed concerning Edward Richards breaking open the door, which was in the latter end of April or the beginning of May last since Robert Brinsden came from Boston. Sworn in court.
John Rogers, aged about twenty-eight years, deposed that he tried to hire the house of John Knight before he went to England, but he said another had looked at it, but later told him he might have it and that Lieut. Putnam had charge of it. Sworn in court.
Nathaniel Veren, aged about twenty years, deposed that he bought a door lock at Mr. Jonathan Curwines for his father- in-law Thomas Putnam, and set it on the door of the house his father bought of John Knight, sr., of Beverly. The house was in Salem next to Jacob Pudeator's on the west. He locked the door into a new staple that came from his father's house. Sworn in court.
Jonathan Corwin, aged thirty-four years, deposed that in 1673, he disbursed upon the house of Mr. Brimsden a sum for boards and nails by John Knights' direction. Also that the next year, said Knights proferred the house as security for the loan of 50li. in silver, whereupon deponent told him that he had said a year ago that the house was Brimsden's, and he answered that it was true, but his cousin and he had agreed and the house was now his. Sworn in court.
Edward Richards testified. Sworn in court.
*Writ: John Putnam, Henry Kenny and John Buxton, in behalf of the committee of Salem farmers v. John Upton; debt; to be paid in money, butter, wheat or provisions, it being his proportion for the meeting house rate; dated 11 : 4 : 1675; signed by Hilliard Veren, t for the court; and served by Hen- ery Skerry, t marshal of Salem, who read the attachment to his wife in their house.
Wm. Lake, aged about thirty-eight years, deposed that he being then constable, the committee then chosen in the Farms, Tho. Puttnam, Tho. Fuller and Josuah Ray employed him to distrain upon Jno. Upton's land for not paying the meeting house and ministry rates.
Thomas Fuller, Lt. Thomas Puttnam and Joshua Rea de- posed. Sworn in court.
Copy of the record of a meeting of the farmers, 26 : 10 : +Autograph.
46
SALEM QUARTERLY COURT
[July
William Hascall, as guardian for the children of Roger Has- call, deceased v. Edw. Berry, who married Elizabeth, relict of said Roger. Court found for plaintiff. The defendant was to deliver the children's portions. The jury brought in a special verdict which should have been entered before the courts' judgment. If the committing of an estate of legacy or inheritance by will of deceased to any person for the bring- ing up of the legatees notwithstanding the person to whom such estate was committed by will is deceased, and the legatees left to and brought up by a guardian, will by law keep such estate from their guardian, they find for defendant; if not, for
1672, made by John Putnam *: "It was voted that the fifth part of ye Rate for ye Building of the meeting house and finish- ing of ye same shall be paid In Money or butter or wheat at money price and ye Rest of the pay in such pay as shall Carry the worke along. This money and Butter and wheat is to prouide glass and nailes for the meeting house."
"At a meeting of the farmers the 6th of Nouemb' 1674 There was A Comitty Chosen for ye year ensueing wch Are John Putnam, John Gingell, John Buxton, Nathaniel Ingersoll & Henry Kennye."
"At a meeting of the farmers ye 22 7th mº 1674 It was voted that the former Comittyes are Desired To Giue an account of the Rates that they haue made to the Committy In being, and ye Committy In being are to receive the account."
"The 28 of ye 10th mº 1674. We whose names are undr written being Desired To Give an account of the ministers Rate and the meeting house Rate made for ye year 1672, ye 27 of ye 12th mº The menesters Rate made the 18th of ye 9th mº 1672, we say being desired to give an account to the Com- mitty now In being, our accounts are as followeth - Laid out upon the meeting 1501 13s. 3d. The Persons Names that haue not paid, "Bray Wilkins, 17s .; Nathaniel Putnam, 12s. 10d .; Isaac Goodall, 18s. 9d .; John Leach, sr., 7s .; William Raiment, 6s. 3d .; Jacob Barney, 1s. 3d .; Capt. Thomas Latrop, 1li. 10s. 6d .; Zechary Herick, 6s. 9d .; John Upton, 2li. 9s. 3d .; John Sampson, 3s .; William Nickolls, 9s. 4d .; Thomas Robins, 2s. 6d .; Josiah Southerick, 1s. 6d .; Mrs. Dan- forth, 2s. 8d. Signed by Thomas Fuller, Joshua Rea and Thomas Putnam, and copy made by John Putnam .*
"At A meeting of the farmers ye 26th 10mo 1672. It was voted that we will build a meeting house, 34 foot Long. 28 foot Broad and 16 foot Between Joynts."
*Autograph.
47
RECORDS AND FILES
1675]
plaintiff, to have the estate that is willed unto Roger, Josiah, Samuell and Sarah Haskall by their father Roger Hascall, deceased .*
Samuell Hunt v. Hen. Benet and Jon. Spark. Forfeiture of a bond of fifty pounds as surety. Verdict for plaintiff. Mod- eration of the bond was respitted.t
Samuell Bishop and Margaret Bishop, executors of the will of Tho. Bishop, deceased v. Ens. Jon. Goold. Appeal from the judgment of the Worshipful Major Genrll. Denison. Debt. Special verdict. If one single evidence with defendant's affirmation, it not appearing to be a book debt nor how due nor in what, be sufficient proof according to law, they find for defendant, a confirmation of the former judgment; if not, for appellant, a reversion of the former judgment. Court found for plaintiff, the reversion of the former judgment.#
*Writ, dated June 22, 1675, signed by Robert Lord,§ for the court, and served by Phillip Fouler, § deputy for Robert Lord,§ marshal of Ipswich, by attachment of houses of de- fendant.
William Hascal's bill of cost, 1li. 10s.
Henry Bayley and Henry Herrick certified, 20 : 5 : 1675, that they had viewed the estate lately Roger Hascoll's, de- ceased, in Beverly, and judged "that the decay of the hous- inge and fences and stroy and waste made by cuttinge and fallinge of Timber vppon the Land," amounted to 60li. Sworn in court.
Copy of the record of the Ipswich court, Mar. 30, 1675, appointing William Hasscall guardian of Roger Hasscall's children, made June 22, 1675, by Robert Lord,§ cleric.
+Writ, dated June 24, 1675, signed by Robert Lord,§ for the court, and served by Robert Lord,§ by attachment of Spark's house and a horse and cattle of Benitt's.
Samuell Hunt's bill of cost, 1li. 16s.
Copy of the Salem court records, 30 : 4 : 1674, and of the Ipswich court, 4 : 9 : 1674, and Mar. 30, 1675, in relation to this action.
#Writ: Ens. John Gould v. Samuel Bishop and Margaret Bishop, executors of the estate of Thomas Bishop; debt; dated Apr. 6, 1675; signed by Robert Lord, for the court. Copy made, June 25, 1675, by Daniel Denison.§
Copy of papers in this action brought before Major Denison : Zacheus Curtise, sr., testified that he being in company with §Autograph.
48
SALEM QUARTERLY COURT
[July
Samuell Bishop and Margarett Bishop, executors of the will of Thomas Bishop, deceased v. John Goold. Appeal from the judgment of the Worshipful Major Genrll. Denisson. Debt. Special verdict. Court found for plaintiff.
Mrs. Margarett Bishop and Mr. Samll. Bishop, executors of the will of Tho. Bishop, deceased v. Richard Downes. Debt. Verdict for plaintiff, to be paid in merchantable fish .*
Thomas Bishop, sr. and John Gould some years since, heard Bishop own the debt, etc. Sworn, Apr. 20, 1675, before Daniel Denison, and copy made by Daniel Denison.t
This action was tried before Major Denison, Apr. 20, 1675, with judgment for plaintiff. Appealed to the Salem court, John Baker and John Pinder, sureties. Copy made by Daniel Denison. t
Bill of cost, 1li. 2s. 6d.
Samuell Bishop'st reasons of appeal, received June 22, 1675, by Daniel Denison:+ "There is but one single and simple Evidence to wt is proved in the Case (who if he were examined wt an oath is wn he is out of his Cups I suppose Can Give but a poor accompt of his knowledge) For when the sd Curteis were examined before the Major Generall touching his evidence (he answered him) that he had never thought of it from the time that ye words were spoken till a weeke or a fortnight be- fore ye tryall of the Case wch makes the present plantiffe Groundlesly thinke that there were not in that evidence the truth, the whole truth & nothing but the truth," etc.
John Gould's answer to Samuell Bishup's reasons of appeal: "As to ye wisdome of ye parson wee acknowlidg hee may not haue so much Craft as a Buship but wee trust more honisty then all ye Buships that may share in this estate if Recouered from ye prsent defendant afirming positiuly and one witnes making oath ye dettar neuer dening is dubel and Consiquntly Leagull profe before God and man and wee hope this prsent Court will take notis how much this Charge doth reflect apon ye former Court that Judged this Case. I hope this Court will be verey redy to Grant releufe in Cases where ye Buships of this Genaration would atempt soe hily to Apeale from Judgment Granted apon Law and testamony," etc.
*Writ, dated June 24, 1675, signed by Peter Twisden,t for the court, and served by Richard Willcom, t constable of the Ile of Shoales.
Bishop's bill of cost, 2li. 10d.
Richard Welcom, aged about thirty-four years, deposed that tAutograph.
49
RECORDS AND FILES
1675]
Simond Bradstreet, Esq. v. William Buckly. Debt. With- drawn.
William Buckly acknowledged judgment to Simond Brad- street, Esq.
John Hascall, son of Roger Hascall v. Edw. Berry, late husband of Elizabeth Hascall, who was formerly the wife of Roger Hascall, deceased, and executrix of the said Roger's will. For withholding a legacy. Wm. Hascall engaged him- self in court as security for said John. Verdict for defendant .*
he heard Downes acknowledge the debt to Samuel Bishop at the Shoals, but there were then six quintals of refuse fish paid. Sworn, June 24, 1675, before Peter Twisden, t commissioner.
Bond, dated Nov. 28, 1669, given by Richard (his mark) Downe of the Ile of Sholl to Thomas Bishop of Ipswich, for 64li. 4s. to be paid in fish. Wit: John Brounson and Chris- topher Codner. Said Brounson made oath, 20 : 5 : 1675, be- fore Wm. Hathorne, f assistant, and said Codner, 21 : 4 : 1675, in Salem court.
Francis Wainwright deposed that when Bishop attached the fish, Downes had no fish upon the Rock, but his whole voyage was sold and delivered to deponent by his son Jno. Wain- wright according to order. The constable told deponent that he told Bishop that the fish attached was Wainwright's. Sworn, July 19, 1675, before Daniel Denison.t John Wain- wright made oath to the same in Salem court.
*Writ, dated Apr. 3, 1675, signed by Samuell Hardie,t for the court, and served by William Rayment,t constable of Beverly, by attachment of Draper's point, belonging to de- fendant.
Ed. Berry's bill of cost, 11s.
Willem Hascoll, aged about fifty-five years, deposed that he was at Salem court when his brother's will was proved and desired the court to consider his cousin John, as he was the eldest son, and had not been given as much as intended by will. When Mister Broadstreete viewed the will he told deponent's sister that she must consider her son John, which she agreed to do. Sworn in court.
Wilem Dodge, aged about thirty years, deposed that he heard his mother Hascol say some time after his father-in-law's will was proved, that she was to pay 40li. to John, etc. Sworn in court.
Elisabeth Dodge, aged about twenty-six years, deposed that her mother Hascol, etc. Sworn in court.
¡Autograph.
50
SALEM QUARTERLY COURT
[July
William Goodhue v. James Sanders. Debt. Verdict for plaintiff .*
Mr. Joseph Whiting, Mr. Samuell Gardnert and Allen Bread, jr. took the oath of a freeman.
John Black dying intestate and there being an inventory} of his estate brought in to court amounting to 11li. 10s., admin- istration was granted to John, his son, who was ordered to pay out of the estate to his three sisters, Eliza Kemboll, Pearcis Follett and Lydia Davis, 50s. each.
Thomas Tenny, for committing fornication with Mary Tenny, was sentenced to be severely whipped or pay a fine, the whipping to be on the next lecture day.
Mary Tenny, for committing fornication with Tho. Tenny
Copy of the will of Roger Hascoll made by Hilliard Veren, § cleric.
*Writ, dated May 19, 1675, signed by Robert Lord,§ for the court, and served by Robert Lord,§ marshal, by attachment of land in the Haverhill ox-common.
Decan William Goodhue's bill of cost, 1li. 14s. 10d.
William Goodhue reckoned with James Sanders, Mar. 12, 1674-5, and there was due said Goodhue in pork, wheat and malt, 3li. On May 5, 1675, paid to Nathaniel Haris of Rowly 10s. Goodhue's man, Thomas Spark, and Robert Lord, mar- shal, attested the same, the former on July 20, 1675, before Daniel Denison, § and the latter in Salem court.
Lettery of attorney, dated June 21, 1675, given by William Goodhew, sr.,§ of Ipswich to Robert Lord, jr., of Ipswich. Wit: Henry Benet§ and Thomas Sparke.§ Sworn, June 22, 1675, before Daniel Denison.§
¡Edw. Rawson,§ Secretary, certified that "Att A Generall Court for Election held at Boston 12th May 1675, Samuel Gadiner was Admitted to the freedome of this Colony."
#Copy of the inventory of the estate of John Blacke, sr., who died 16 : 1 : 1675 taken 12 : 2 : 1675, by Thomas Law- thropp and John Hill, and copy made by Samuell Hardie:§ his wearing Clothes, 2li .; linnen sheets & shirts, 1li. 5s .; small Linnen, 5s .; bed, bolster & Pillow, 2li. 15s .; bedstead, Chest & Chaire, 1li .; one Cow, 4li .; a Small Gunne, 5s .; total, 11li. 10s. "There was another Cowe: that was Sold p the now Deceased person in the time of his life for two pounds in money : the charge of the seuerall & other maters amounted to more & therfore we thought not meet: to put that into the Inventory."
§Autograph.
51
RECORDS AND FILES
1675]
and concealing it until after her marriage to another man, was sentenced to be severely whipped the next lecture day or pay a fine.
Court remitted William Croft's fine.
Henry Skerry, marshal, was appointed administrator of the es- tate of Elias Whittee, deceased, who died intestate, and there be- ing an imperfect inventory* presented, said Skerry was ordered to perfect it, pay the debts, and make return to the next court.
Mary Read, presented for committing fornication, was sen- tenced to be whipped on the next lecture day or pay a fine.
Capt. Joseph Gardner, Richard Norman, Christopher Latta- more, Mr. John Hathorne of Lin, Ellenor Hollingworth and Edward Richards had their former licenses renewed for keep- ing an ordinary.
Mr. Steephen Haskett, Mr. Jon. Higgenson, Mr. Moses Maverick, Mr. William Browne, jr., Capt. John Corwin and Mr. John Gedney had their licenses renewed for retailing strong waters.
Theophilus Baily had his former license renewed and also further liberty to draw beer and cider.t
Mr. Timothy Lindoll and Mr. William Bowditch had li- censes granted to retail strong water.
*Inventory of the estate of Elias Whity, who was servant to Robt. Stone, and was drowned at Winter Island from a boat carrying fish ashore, Edw. Mould and John King being chosen by said Stone to appraise his goods: one hatt, 7s. 6d .; one Caster hat, 8s .; 4 yds. Broad Cloth at 5s. 6d. p yd., 1li. 2s .; 12 yds. narrow Cotton at 1s. 8d. p yd., 18s .; 4 pr. shooes, 13s .; 1 Coate & A pr. of Britches, 1li. 1s .; 1 Coate & pr. of Britches, 14s .; 2 wastcoats, 9s .; 3 old pr. Drawers, 3s .; a prsell of old Cloaths, 8s .; 2 shirts & 4 neckcloth, 1 pr. Gloves, 9s .; 1 gunn, 1 Chest & a rayser, 11s .; 1 Line & Hooks, 4s .; one horse & a sadle, 2li .; mony Robt. Stone owes him, 1li. 7s. 5d .; total, 11li. 9s. 11d .; Charges for his Burien, 3li. 4s .; washing & Lodging Last winter and diet for five months, 4li .; for last summer, 1li .; mony Lent him p Wm. Russell, 1li. 10s .; total, 9li. 14s.
¡Petition dated 26 : 4 : 1675, of the selectmen of Linn, Rich. Walker,¿ Thomas Marshall,¿ William Bassett,¿ Ralph King# and Thomas Newhall,¿ for the court to grant the license.
#Autograph.
52
SALEM QUARTERLY COURT
[July
Allexander Lillington came into court, and by papers it appearing to court that he is the husband of Sarah, daughter of Thomas James, deceased, who is the only surviving child and rightful heir of said James, court ordered that what estate of said Thomas was or is in the hands of Jeremiah Meachum, administrator, or elsewhere in this country, be delivered up to said Allexander forthwith .*
*Letter addressed "For our hond friends The Majestrates of Salem These In New England."
"Honrd And Christian freinds
"Herewith goes A member of this Collony Alexander Lillington, whose occasions call him to yor Jurisdiction, to looke after an estate, real and psonall, in right of his wife; Sarah the daughter of Thomas James, formerly an Inhabitant in yor Countrey but some yeares since departed this life, in these parts whoe left Ishue, besides his said daughter, two sons, John and Joseph, both which being since dead, the said estate, (in Law and equity) belongs to the said Sarah, as the onely suruiuor. As for such estate, which the said decendents were possessed of, in this Collony, the said Lillington is invested therewith, by virtue of an Administration granted to him by this Court. A Testimoniall whereof (attested by our Regis- ter, with the seale of the Collony Affixed thereunto) hee carrys with him to shew yor Court of Salem. Yett he beeing dubious, that those whoe are in possession of the said estate there will proue litigious. And if swayed by a wordly interest may weary him with law sutes, unlesse hee will comply with their selfish, and couetous desires, in regard hee is altogeather a straunger in yor parts and so his Credditt, not likely to fur- nish him with money (which Solomon saith answeres all things) to wage law. Wherefor hee desires letters from us to yor Worps as depending for help and assistance wholy on yor Justice. Such a reasonable request by noe meanes could wee deny him, though wee know (by the fame yt is spread) yor readinesse to distribute to all, according to equity. Howeuer though wee are assured that so it is, and that wee speake to those who professe to liue, a life to come. Yett (as stewards of God) in the bearers behalf, wee thinek expedient to desire yor worps to make yor wisdome and justice operatiue to counter check any Subtilty or deceipt that may bee suggested by his opposers. Yor station alloweth yor greate aduantage you are the first figures that stand for more in publique concernes then all that follow after. Wee hope therefor you will shew yorselues worthy patriots, and iustly defend him against all cunning fraud, but especially that he may not bee put of with
53
RECORDS AND FILES
1675]
An imperfect will of Richard Bishop, deceased, being pre- sented and all parties concerned being not present, the case was referred to the next Salem court.
John Lander and his wife, presented for committing fornication before marriage, were sentenced to be whipped or pay a fine.
John Legroe and his wife, presented for committing forni- cation before marriage, were sentenced to be whipped the next lecture day or pay a fine.
Mr. Peter Duncan of Gloster being complained of for selling strong waters to the Indians, the hearing of the case was referred to the next Ipswich court and the clerk was too issue warrants.
John Baker and his wife, presented for committing forni- cation before marriage, were sentenced to be whipped the next lecture day or pay a fine.
delayes. The doeing whereof as it will bee of greate concerne to him, so wee shall take it as a faur to ourselues, and if it layeth within our beinge bee ready on all occasions to retalliate Thus committing you to the protection of the omniscient power; with hearty commendations tendered wee take leiue to subscribe ourselues
"Srs Yor friends & seruants "Tho. Cullen,* John Jenkins, Dpty Govr "John Nixon,* John Hearvey .*
"From ye Court of Albemarle
the 12th March 1674-5."
Caleb Lambe, aged about thirty-six years, deposed that being in the county of Albemarle in the Province of Carolina in 1674-5, he was present at the sitting of the court when he received his appointment as adminstrator of Thomas James' estate. John Pelton, aged about thirty years, testified to the same. Sworn, May 20, 1674, before Daniel Denison .*
Francis Godfreyt certified, at Albemarle, Oct. 10, 1674, that he married Allexander Lillington and Sarah James, daughter of Thomas James according to the act of the country on Sept. 16, 1669. Wit: Thomas Harris,* clerk of the court.
Letter of administration to Allexander Lillington and his wife Sarah, of the estate of John James and Joseph James, dated Albemarle county, in the Province of Carolina, Mar. 16, 1674, and signed by John Jenkins,* Dep. Gov., with the county seal affixed.
*Autograph.
54
SALEM QUARTERLY COURT
[July
Martha Henly and Elizabeth Poe, for scolding and rude carriage and speeches and for fighting one with another, were fined.
Elizabeth, wife of William Poe, for selling liquors several times to the Indians contrary to law, was fined or to be whipped.
Thomas Leonard complained of upon suspicion of having a hand in burning the coal house at the Iron works, court found that there was great ground of suspicion, and ordered that if said Leonard be found within seven miles of Topsfeild or the Iron works for time to come, he should be whipped and complained of to a magistrate by any person who should find him, and he was also bound to good behavior during the pleasure of the court. Thomas Leonard, Mr. Oliver Purchas and Ens. John Goold bound .*
*Oliver Purchis, aged fifty-eight years, testified that Thomas Leonard, Blaye Vinton and Sarah Perkins came to Lyn works on the sixth day before the coalhouse at Rowley Village was burned, on the Lord's day and they were at the house where deponent dwelt at or before three o'clock in the afternoon. They were at home that night, about home all the next day and the Lord's day on which the coalhouse was burned, and were at Lyn meeting both forenoon and afternoon. Further deponent never heard Leonard make any complaint against the works or the owners. Sworn in court.
John How deposed that Goody Lannord said a few days be- fore she went away from Rowly Village that the works would be ruined, "Mark said she thay will sartonly be demolished for saied she the owners haue delt wekedly with us: and saied the workmane haue a trek to hender any from working after them If thay be torned out: thay will com to damig said she by fier or otherwise." Samuell and Nathanill also spoke such words, and Samuell vowed vengance upon the owners. Sworn in court.
Jeremie Houd deposed that he saw Thomas Lenord at the Iron works at Topsfeld the Friday before the fire and he tied his horse to the coalhouse. Further that they laid up the coalbasket on Friday night but on Saturday morning half of it was burned off. Sworn in court.
Thomas Andrews deposed that the coal that lay on the side next the dwelling house was not on fire until the coal- house fell on it, after which he took a shovel from that side that was only a little scortched.
Warrant, dated 22 : 5 : 1675, for the appearance at sight,
55
RECORDS AND FILES
1675]
Left. Thomas Putnam attaching Edward Richards and letting the attachment fall, the latter was allowed costs .*
of Thomas Pearly and wife Liddea, John How, Samuell Si- monds, Daniell Wood, Jeremiah Hood, Thomas Towers, Zacheus Curtice, jr., Edmund Bridges and Ensign John Goold to give evidence concerning the burning of the Iron works, signed by Hilliard Veren,t for the court. The constable of Salem was ordered by the court to "press a horse & man to send away this warrant," and John Littlehale made oath in court that he had summoned the persons mentioned.
Samwell Simons, aged about thirty-five years, and Daneell Wood, aged about twenty-five years, deposed that they saw the fire and the windward end of the house was first burned, which was toward the southwest. Sworn in court.
Thomas Tower deposed that on Thursday night Lannord came to Goody Androuses, and thence to John Gould's, where he lodged. Sworn in court.
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