USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 10
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Joseph Jacob and John Pengilly deposed. Sworn in court.
Copy of will of William Fellows, dated Nov. 29, 1676, proved in Ipswich court, Mar. 27, 1677: to his wife, the parlor in his house for life and 12li. yearly to be paid by his three sons, Ephraim, Samuell and Joseph, also two of his best cows and two swine, the sons to keep her in firewood as long as she lives a
t Autograph. T Autograph and seal.
89
RECORDS AND FILES
1678]
John Prockter v. Gyles Corye. Appeal from a judgment of Major Hathorne, in August last. Verdict for defendant, confirmation of the former judgment .*
widow, also land for a garden, and a quarter acre to sow flax in, she also to have all the household goods; to son Isaack, Marsh lot at Hog island added to what he had already given him; to other three sons, Ephraim, Samuell and Joseph, the other half of his farm and salt marsh, with the buildings, stock and corn; to daughter Mary, 10li. within two years after his decease, and 10li. after his wife's decease; to other three daugh- ters, Elizabeth, Abygaile and Sarah, 20li. each; the daughters should share equally with the brothers. Wit: Wm. (his mark) Story, sr., Thomas Borman, sr., and Samuell Ingalls, sr.
John Chot testified that he lived with Corporal Andrews, etc., and that he and Samuell Ingalls hired Andrews' farm which the Fellows now live upon and improved it, etc. Sworn in court.
William Danford testified that he lived with Sergeant Jacob several years and Chot and Ingalls would not let his master drive his cattle over the land in controversy so he was forced to go by Job's hills, as they used to call them, two or three years, etc. Sworn in court.
*Copies of the papers in this action 11 : 6 : 1678, before Wm. Hathorne,f assistant:
Writ: Gyles Coree v. Jno. Procter; defamation; for saying that Giles Coree was the only person who might have burned his house or set it on fire, for he said it was set on fire willfully, when he afterward said it was set on fire by a lamp which his son carried to bed with him; dated Aug. 5, 1678; signed by Hilliard Veren, for the court; and served by Henry Skery, marshal, by attachment of a chest and a horse of defendant.
John Gloyd, aged about twenty-five years, testified that he lived in the house with John Parker and lodged in the same room, their beds being but four or five feet from one another. The very night that Jno. Procter's house was on fire, said Parker went to bed about nine or ten o'clock and deponent did not hear or see him rise but saw him in his bed the next morning about break of day. Mary, wife of said Gloyd, testified to the same and that she also saw said Parker in his bed about sun rise.
Anthony Needom, aged about forty-six years, testified that he hearing John Procter say to Gyles Coree as he met him with his cart load of wood going to the town, "how now Gyles what wilt thou never leave thy old Trade Thou hast gott Some of my wood here upon thy Cart." Gyles answered, "True I did take two or three sticks to lay behind ye Cart to
t Autograph.
90
IPSWICH QUARTERLY COURT
[Sept.
ease ye oxen because they bore too hard." This was some time in June, 1678.
Giels Cory's bill of cost, 13s. 2d.
John Phelps, aged about thirty-six years, testified that com- ing by the house of Jno. Procter about two hours before day and seeing the roof of said Procter's house on fire, with the assis- tance of Thomas Fuller who was in company with him, used his best endeavor to quench the fire. They thought that it could not have caught fire by accident but by some evil hand.
Thomas Gould, aged about forty-eight years, testified that going into Jno. Procter's house about two days after the roof of the house was burned, he and his wife went in to see the sad accident. Proctor's wife showed the nature of it and they noticed that there was nothing burned downward near the upper floor by two feet or more. There was also nothing burned in the room where the bed was. Thomas Flint testi- fied to the same.
John Moulton, aged about twenty-five years, testified that he had heard Gyles Coree threaten the orchard fence of John Pudney, saying that if it were not burnt this year, he would warrant it should be burned next year, and that Pudney would never have any good of his orchard.
Martha Bates, aged about twenty-nine years, testified that she heard Gyles Corey say that Pudney would never have any good of the orchard he had hired of Major Rainsebrough, for it would be burnt.
Nathaniel Puttman and Edmond Bridges, two of the arbi- trators in the case between Gyles Corey and John Gloyd, tes- tified that their award was satisfactory to all parties concerned and Gyles Coree gave as many thanks to every one as he ever heard.
Capt. Moore being present at the award took note of the abundance of love manifested between Corey and Procter, for they drank wine together, each paying for part.
Abraham Walcott testified that he lodged in Gyles Core's house the night of the fire, and Core went to bed about nine o'clock, having come from his work very weary. Also that Core could not have risen in the night without deponent hear- ing him, and for a long time he had not gone afoot and his horses were all in the woods.
Mary Cory testified that she slept with her husband and could affirm that he was not out of doors that night.
James Poland testified that Jno. Procter said that his boy carried a lamp into his lodging room and set it near the boards and that was how the fire caught.
Jane Moore and Caleb Moore testified to the same. Sworn 26 : 5 : 1678, before Wm. Hathorne, f assistant.
+ Autograph.
91
RECORDS AND FILES
1678]
Mr. Thomas Woodbridge v. Rich. Kent. Forfeiture of 20li. in money. Verdict for plaintiff .*
Capt. John Corwin v. Thomas Blashfield. Debt. Verdict for plaintiff.t
Jno. Parker, aged about forty years, testified that he was at work with his father-in-law Goodman Coree the day before the fire, and going home Coree said he was so very weary that he should not eat any supper and he went to bed. The next morning, Coree about sunrise asked deponent to go with Abraham Walcott to bring a load of hay, and said he himsef would try to cut up some pease, etc. Sworn, 26 : 5 :1678, before Wm. Hathorne,¿ assistant.
Edmond Bridges and John Parker testified.
John Procter's bill of cost.
Robert Moulton, aged about thirty-three years, testified that Gyles Coree had several times threatened him about his planting, saying that he should not plant, also deponent's fence had been pulled down and Coree had threatened to turn all the horses that he met into his ground. Deponent had stolen from him wood, hay, fencing stuff and carpentry tools and some had been seen in Coree's house, and twelve bushels of apples had been stolen from his house. After some differ- ence between Gyles and himself, he threatened that deponent's saw mill should saw no more and later the mill would not work. Deponent said that Corey was "a very quarellsom & conten- tious bad neighbor."
Gyles Cory's bill of cost, 2li. 11s. 6d.
* Writ: Mr. Tho. Woodbridge v. Mr. Richard Kent of Newbery; forfeiture of a bond, in that he did not abide by the award of Caleb Moody and Joseph Pike; dated Sept. 17, 1678; signed by Dudley Bradstreet,¿ for the court; and served by Joseph Pike,¿ constable of Newbery, by attachment of the dwelling house and land of defendant.
Tho. Woodbridge's bill of cost, 1li. 8s. 2d.
Bond of arbitration, dated June 24, 1678, given by Rich- ard Kent# and Tho. Woodbridge; to stand by the award of the arbitrators, Caleb Moody and Joseph Pike. Wit: H Short,¿ Hugh March and John Atkinson.į
Award of the arbitrators, Caleb Moody# and Joseph Pike,} in the settlement of the account of Tho. Woodbridge against Richard Kent, dated July 20, 1678, that the account was good, except two items, by Tho. Noyes and - Bryers; and they judged Kent to be indebted 8li. to be paid in barley.
t Writ, dated 21 : 6 : 1678, signed by Hilliard Veren,¿ for the court, and served by Henry Skerry,# marshal of Salem, # Autograph.
92
IPSWICH QUARTERLY COURT
[Sept.
Abraham Perkins v. Theoder Attkinson. For refusing to deliver a bill. Verdict for plaintiff. Appealed to the next Court of Assistants. Defendant bound, with John Akinson and Jonathan Moore, as sureties .*
by attachment of 50s. in Edmond Galles' hands, which attach- ment was left in his house with his wife.
John Marshall,¡ bookkeeper for Capt. Jno. Corwin, aged about eighteen years, certified to the account, Mar. 5, 1678, that there was due to said Corwin 15li. 10s. 6d. from Thomas Blashfield. Sworn before Wm. Hathorne,f assistant, and affirmed in court by Capt. Corwin.
*Writ, dated Sept. 12, 1678, signed by Ephraim Turner, t for the court, and signed by Returne Waite,t deputy marshal of Suffolk. Bond of Theoder Atkinson.t
Abraham Perkins' bill of cost, 2li. 13s. 4d.
Copy of record of the Court of Assistants, Sept. 3, 1678, in which they found for the plaintiff, reversion of the former judgment. Copy made by Edw. Rawson,f secretary.
Copy of writ and bond of Theoder Atkinson, with Samuel Graves, as surety, in this action before the Court of Assistants. Copy made by Edw. Rawson, f secretary.
Edward Gove, aged about thirty-eight years, deposed that on Apr. 1, 1671, he paid 12li. in boards for John Stanion of Hampton to Theoder Atkinson of Boston for a debt Stanion owed to Henry Bennet of Ipswich, etc. Sworn, 30 : 9 : 1677, in Salem court. Copy made by Edw. Rawson, f secretary.
Nicholas Lesson, aged about sixty years, deposed that seven years since Mr. Atkinson came to him at Exeter to account with him for what was due to him and deponent told Mr. At- kinson that his son Theoder had shown a letter of attorney from his father to reckon with his father's debtors. He de- clared that he had given him no such power. Deponent gave him a bill for the payment of what was due. Allexander Doden [Gordon?], aged about forty years, testified to the same, he being present in the house when Mr. Atkinson and his father Lissen agreed. Sworn, June 3, 1678, before Samuel Dalton, commissioner. Copy made at Boston, Sept., 1678, by Edw. Rawson, t secretary.
Copy of letter of attorney, dated May 6, 1670, given by The- oder Atkinson, sr., of Boston to Theodor Atkinson, jr., of Boston, his son. Wit: Robert Marshall and Clem. Sallmon, who made oath, 20 : 1 : 1670, before Richard Parker, commissioner. Recorded at the request of Theodor Atkinson, jr., Mar. 23, 1670-71, by Robert Howard,; notary public. Copy made, t Autograph.
93
RECORDS AND FILES
1678]
Daniell Clement acknowledged judgment to Mr. Francis Wainwright.
John Berry acknowledged judgment to Mr. John Wain- wright, in fish at the current shipping price.
Thomas Geare acknowledged judgment to Mr. Francis Wainwright, in wheat, barley or pork.
John Bread dying intestate, administration upon his estate was granted to Allen Bread, his brother, who was bound.
Court abated the fine for not prosecuting in Mr. Shepard's case at the Court of Assistants in March last.
Thomas Judkin had his license renewed for a year, also his license for liquors.
The administratrix and overseers of the estate of John Knight of Newbury, deceased, desired the court to settle his estate as follows: the three sons of John Knight, Richard Benjamin and Isaack, to enjoy the house and barn valued at 100li. and 75 acres of land valued at 5li. p acre, making 375li., to be equally divided; the three daughters, to have 80li. each,
11 : 7 : 1678, by Robert Howard,* notary public of the Massa- chusetts colony.
Stephen Crose, aged about thirty-one years, deposed that about two years ago, talking with Mr. Theoder Atkison, sr., of Boston, concerning that piece of land he had of Mr. William Norton, he said that Mr. Abraham Perkins had paid his old debt after a manner. Sworn, Sept. 24, 1678, before Samuel Symonds,* Dep. Governor.
Abraham Perkins' bill of costs, 12li. 1s. 10d.
John Stanyon, aged thirty-six years, deposed that about five years ago he met with Mr. Theoder Atkinson, sr., at the ordinary at Hampton, and he demanded a debt in boards due from Abraham Perkins of Ipswich, to be paid by order of Henry Benett of Ipswich. Deponent owned the debt and said he would go to Exetor the next day to deliver the boards. Mr. Atkinson said if he would deliver them to his son at Exetor, he would give him a discharge. Sworn, 18 :4 :1678, before Samuell Dalton, commissioner. Copy made by Hilliard Ver- en,* cleric.
Walter Fairefeild, aged about forty-six years, testified. Sworn in court.
Daniell Epps, aged about fifty-four years, deposed, Sept. 25, 1678, concerning the bill. Sworn in court.
Edmond Bridges testified. Sworn in court.
* Autograph.
94
IPSWICH QUARTERLY COURT
[Sept.
making 240li .; the remainder of the estate was to remain in the hands of the widow, Bathsheba Knight, who was to take the debts out of her part.
Joseph Mayo was bound, with Mr. Thomas Woodbridge, Hugh Marsh and Samuell Gidding, as sureties, to abide by order of the court at Salem or Ipswich concerning the child that may be born and of which Hannah Addams charged him to be the father.
The bond of Thomas Thurley, for the appearance of himself and wife, was declared forfeited.
Benjamin Webster was fined by the Major Genll. 20s. in malt, to be paid to constable Rust.
Joseph Marshall was ordered to be whipped for fornication unless he pay a fine.
Dinah, Benjamin Roff's negro, and Tom, Rich. Dole's negro, were sentenced to be whipped for fornication on the next lecture day at Newbury, constable Joseph Pike to see it done.
Abraham Perkins, Henry Bennet and Thomas Knowlton testified that Phillip Fowler came to Mr. Atkinson with a law book in his hand and said if he would give him a shilling in money, he would save him ten pounds. Atkinson was not willing at first, yet upon discourse, gave it to him or laid it down upon the table. Phillip took it up and went with a law book in his hand to the jury. Sworn in court.
Phillip Fowler, upon complaint, was fined.
Granted a third part of a single country rate to be levied upon the county.
Whereas execution was respitted until this court upon a judgment of costs which Abraham Perkins had against Mr. Wm. Hubbard, court now understanding that there are acquit- tances between them and Mr. Hubbard shortly expected, fur- ther respitted execution.
It being certified that Rowley had mended its highway between Rowley and Andover, the town was discharged of its presentment .*
*John Bridges, ¡ Jno. (his mark) Faulkner and John Marston; of Andover testified, 27 : 7 : 1678, that the country highway from Rowley to Andover in Rowley Village was mended and made substantial.
+ Autograph.
95
RECORDS AND FILES
1678]
Erasmus James of Marblehead had his license to sell liquors out of doors renewed for a year.
John Browne was fined for excessive drinking, and for other misdemeanors was bound to good behavior.
In answer to the petition of Joseph Dell to the Court of Assis- tants at Boston on Sept. 10, 1678, and by that court referred to the Ipswich court, it was ordered that said Dell may have liberty, with his keeper, to go to the public meetings at Boston on Lord's days, provided the Governor approve thereof.
COURT HELD AT IPSWICH, NOV. 6, 1678, BY ADJOURNMENT.
Mr. Wm. Browne and Mr. John Woodbridg, associates, took the oath.
Ruth Tod was admonished upon her presentment.
Elizabeth Holmes was admonished upon her presentment. Martha Smith was admonished upon her presentment. John Waldern was admonished upon his presentment.
Upon complaint against Walter Wright for drawing his knife and offering to stab William Chandler, he was fined .*
*Warrant, dated Oct. 29, 1678, for appearance of Walter Wright, upon complaint of Ensign Chandler that he had lately assaulted and wounded his son William Chandler with a knife, also for witnesses, William, Hannah, Thomas Chandler and John Carleton, signed by Daniel Denison,t for the court, and served by Thomas Ossgood,f constable of Andover, by attach- ment of house and land of said Wright.
Thomas Chandler's bill of cost, 1li. 14s.
William Chandler, aged about nineteen years, deposed that a month ago Goodman Right early in the morning came up to his father's house and deponent being in the yard, he said to him, "Will, I will shoot your horse: I said to him why: because sd he: he hath ben in my lot to night I replyed I ame sorre for that: for I did for git to fetter him to night: but I hop I shall doe so no more: but Goodman Right replyed and sd you will always forgit it: but I will goe home and charge my gun and shoot him for he hath don me forty shil- lings worth of hurt this sumer: then I replycd knowing how falce the thing was that it was more like to be forty lyes then Right replyed sarar I scorne to lye as littell as you or your father ether: upon his retorting upon my father I was pro- voked and went to him and tuck him by the coler and sayd to him if he wod not hold his tonge about my father I whould
* Autograph.
96
IPSWICH QUARTERLY COURT
[Nov.
make him and so only at that time gave him a shuf from me but did not then strike him upon which the sd Right caled me Roge and in grat violenc dru his knife and sd I I voe Il stabe you and accordinly stroke me with his knife twise upon the brest or belle be for I cold stop him then I stroke up his heles and lyeing over him to take his knife from him before I could command his hand his knife was in he indeauered as I thoght to cut my throt: which althogh throgh the goodnes of god he did not doe yet he came very nere it and cut a long deep gaus on my ceeke which came very nere my throt as may apere nowe by the scare only ocasiond by that cut as also stabd on deep wonde in my hand besid fiue or six other smaler cuts about my hand: but at length altho I could not get his knife out of his hand yet I brake it in his hand and so let him rise and then I confese I did giue him a smale crack behind and a box of the ere." Hanah Chandler, aged about forty-nine years, and Thomas Chandler, aged about fourteen years, testified to the same. Sworn in court.
Thomas Chandler, aged about fifty-one years, testified that he was not at home when his son was injured but found him very bloody when he arrived, etc. John Carlton told him that Goodman Right was afterward at his master's shop, etc. Sworn in court.
Roger Marke, aged about thirty-five years, deposed that after Wright had cut Chandler he was passing Joseph Will- son's shop and talking with John Carlton, who was a little distance from the shop shaving hops, Wright came to the door of the shop and said that he did not care a twopence if he had killed Chandler. Sworn in court.
John Carleton, aged about seventeen years, deposed that he saw Chandler's mother also lay hold of Wright, etc. Sworn, Nov. 5, 1678, before Nath. Saltonstall,* assistant.
Return Johnson, aged about twenty-five years, testified that he told Chandler that in the interest of peace, said John- son would cure the scratch. Ensign Chandler said that was the best way, for as he and Wright were neighbors they must live together in harmony and deponent cured the wounds for nothing. Sworn, Nov. 5, 1678, before Nath. Saltonstall,* assistant.
Christopher Lovejoy, aged sixteen years, deposed. Sworn, Nov. 5, 1678, before Nath. Saltonstall,* assistant.
Elner Phelps, aged twenty-three years, deposed. Sworn Nov. 5, 1678, before Nath. Saltonstall,* assistant.
William Lovejoy, aged about twenty-one years, testified that before the quarrel, Chandler told him that he met Wright on the highway on horseback, and took his horse by the bridle, commanded him to stand and challenged him down from his
* Autograph.
97
RECORDS AND FILES
1678]
Martha Gilbert was fined upon her presentment.
Luke Perkins' wife was fined upon her presentment.
Laurance Hart was admonished upon his presentment.
The selectmen of Ipswich being presented were enjoined to give an account at next Ipswich court concerning the estate of the children and servants of their neighbors.
Gershom Browne was fined upon his presentment .*
James, a Scotchman, was fined upon his presentment.
Phillip Fowler had his fine remitted.
Richard Woolery being the reputed father of the child of Abigaill Morse, the child Hanah Woolery, being now two years and seven weeks old, was bound to Joseph Pike until twenty-one years of age. Said Woolery was discharged from paying any more.
Quartermaster Perkins had his license renewed for a year, also his license to draw liquors.
Mr. Wainwright's license was renewed for a year.
James Dickenson was fined upon his presentment.t
horse to fight. Wright not wishing to fight, Chandler struck him with a staff. This happened between Wright's and Chand- ler's houses. Sworn, Nov. 5, 1678, before Nath. Saltonstall,¿ assistant.
John Ballard, aged about twenty-five years, deposed. Sworn, Nov. 5, 1678, before Nath. Saltonstall,¿ assistant.
* James Tenny, aged about twenty-six years, and Franses Palmer, aged about twenty years, deposed that Brown said he could cripple John Houghard, but he said afterward that he spoke in jest.
Phillip Nellson deposed that he heard John Howard call Brown a base fellow and a loggerhead, etc.
Phillip Nelson, aged nineteen years, deposed as to Brown tripping up Howard.
¡James Dickenson's answer to his presentment: "I Hum- bly conceive I am not presented for any Criminall fact nor doe I apprehend I have broken any Law. I confess to my Greife I Joyned with that Company too long; but in the begin- ning of that Towne meeting which was before they began their meeting; and did act as it appeared by makeing a vote cald doctor Bennets vote; while the Towne was together some of them carried soe towards mr philleps, ye Freemen, members & selectmen (of wch I was one that year) I resolued to medle with them noe more, whereupon as soone as they began to ¿ Autograph.
98
IPSWICH QUARTERLY COURT
[Nov.
Richard Bryer and his wife were fined.
Mary Howlet, presented for stealing, was ordered to pay three fold.
Robert Whitman and John Gamage, upon their present- ments, were ordered to make the chimney safe within three weeks upon penalty of 40s.
Judith Thurla, complained of for letting the Indians have liquor on the Lord's day, was fined .*
speak of continueing to doe something after the Towne meeting was dismissed I withdrew myself out of that Roome Into the other end of the house where Samuell Lyon and his family kept, & that I did least they should put mee upon it, to put yt to vote wch they would have voted: and I abode in that Roome till ye vote was ouer: and since that I never had any hand in their actings about any such Irregular acts nor I hope neuer shall."
John Hopkinson deposed that he went with James Dicken- son, jr., to the other end of the house, etc.
John Pickard, sr., deposed that he saw his son-in-law, James Dickenson, etc.
Daniell Wickam deposed that being in company with Dick- enson and others at John Stickney's the past summer, some one said that he ought to bear part of the charges in the com- plaint against them at the General Court concerning the differences about Mr. Sheppard. Dickinson said he had nothing to do about the vote about Mr. Sheppards' fifty pounds a year which Doct. Benitt put to vote. Deponent said that Dickinson was one of the chief means of Mr. Sheppard's coming to that meeting, etc. Sworn in court.
David Bennit deposed that Dickinson had urged him to put the vote, as one of the most fit to do it because he was a stranger there, and promised him that he would stand back of him. Sworn in court.
John Clarke and Thomas Alley deposed. Sworn in court. Sammuell Mighill deposed. Sworn in court.
* Tho. Woodbridge, aged about twenty-nine years, testi- fied that he heard Judith, wife of Tho. Thurla, vainly swear by God divers times within a twelfth month. Sworn in court.
Tho. Woodbridge demanded 10s. for his wife's witness fees. Examination, dated Aug. 28, 1678, of Job, the Indian: "That Judith bid the young man (who was John Thurley) looke out the runlett in wch the liquors was. that the sayd John hauing found it, brought it downe & sett it on the dres- ser. That there was a gill of Rum first drunke before they had that mixed with water. That John powred the Rum
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RECORDS AND FILES
1678]
into the basin, & Judith stirringe it with a spoone, the halfe pint was powred into the water. That Judith fetched some sugar, putt it in & stirred it together, & when it was mixed, shee tooke up some in a porringer & gave it to John. He thinks Tim Collins was not in the house when the Rum was powred into the basin, but was gone to looke after the child, & came not in till they had done, & Joseph & he were gone out: but John tarryed behind & he was appointed to pay for it, but whether he payd for it or no, he knoweth not. That after they were gone out, Tom & John quarrelled.
Timothy Collins and Judith Thurley testified that on a Sabbath day about three weeks ago, four Indians came into Thurley's house and asked for drink and she denied it to them. John Thurley told Judith that if she would give him leave, he would undertake to find it. He got it and put it on the dresser and said that she might let them have some. She said she dared not and sat down again to reading. Thereupon John poured it into the half pint pot, set it on the table and the Indians drank it, etc. Sworn, Aug. 13, 1678, before Jo. Woodbridge,* commissioner.
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