USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 11
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John Thurley, aged above eighteen years, and Jonathan Thurley, aged above sixteen years, deposed that they came in the house of their aunt Judith Thurley, when one Indian came in and asked after Mr. Longfellow's [negro?] and went out and brought in three more who sat down and lighted their pipes. Judith told them that her husband had hidden the liquor and she could not find it. The Indians continuing to ask for it, she told Jonathan to look in the woodpile and speak to John to go up into the chamber and look in a butt of wheat. He found it behind the chimney and handed it to Judith who reach- ing a horn poured some of it out and the Indians drank. Then she sent Timothy out of doors to look after the child. She refused to let the Indians have any more clear rum but that they should have it mixed with water, and brought some sugar out of the parlor. When they had drunk it all, Judith said to one who remained that she was afraid he would be fuddled, but he said if he should drink all day, he would not be fuddled. He took off his coat and left it there and went away. When John and Jonathan were going home they met the Indians quarreling and one of them came toward them with a hatchet. They not knowing what he said, one of the others came and told them that he wanted them to take the hatchet for fear someone might take it from him by force, but they would not meddle with it. Two of the Indians went to the falls and the other two came toward the town. Sworn, Aug. 16, 1678, before Jo. Woodbridge,* commissioner.
* Autograph.
100
IPSWICH QUARTERLY COURT
[Nov.
Daniell Lunt's wife was fined upon her presentment.
Lawrance Clenton was ordered to pay to Rachell, his wife, one peck of corn a week .*
Marke Quilter dying intestate, Joseph Quilter his brother was appointed administrator to dispose of the estate according to a paper left by deceased and sworn to by Edward Lomas and Simon Stace.
John Browne was ordered not to pay the two ten pounds to his sisters until the next March court when court would con- sider it.
Sarah Savory was admonished upon her presentment. John Baker, for drunkenness and reviling, was fined.
Hanah Hobert was admonished upon her presentment. The treasurer was to pay 5s. to the constable of Ipswich.
Thomas Lovell was bound for the payment of 10li. to Hanah Roberds which he paid at Ipswich court in Apr., 1679.
Nicolas Wallis and Simon Stace were bound to pay to Eph- raim Roberts, 10li. at the age of twenty-one years. The security that Thomas Perrin gave for the payment of the portions of Roberd Robberd's children was released.
Arter Abbott brought in his account about the charges of the child of Mary Greely, Laurance Clenton being the reputed father.
* Petition dated Sept. 25, 1678, of Rachell, wife of Laranc Clinton: that her husband was ordered by the court to allow her 2s. per week for her maintenance, about ten years ago, and she had never received more than ten pounds in all, and upon her asking for a divorce on Nov. 6th last, court declared that it could not be done but ordered her husband to pay her 50s. upon demand, which she has never received. She asked for assistance, as she had suffered the loss of her estate by her husband and is now altogether neglected by him.
Letter of attorney, dated Mar. 13, 1677, given by Samll. Stocker* of Boston, mariner, to John Keene of Boston, inn- holder. Wit: John Haywardt and Eliezer Moodye.t Sworn, Mar. 14, 1677-8, before Edward Tyng,f assistant.
Whereas John Lee, t for 5s., withdrew his action against Samuell Stockor, Edmund Bridges, t as attorney to John Keen, as he was attorney to Samuell Stockor discharged John Lee of all charges, Sept. 28, 1678. Wit: Thomas Waite, sr.,f and John Chote.t
John Hiden deposed that James Davis went to take some * Autograph and seal.
t Autograph.
101
RECORDS AND FILES
1678]
Having granted administration to Elizabeth Paine, relict of Mr. John Paine, late of Boston, who brought in an inven- tory amounting to 179li. 9s. 6d., the funeral charges and what she had of necessity expended being deducted, there remained 101li. 1s. 10d., and 288li. 13s. 10d. being legally due from the estate, brought in by the committee appointed by the court, Nov. 6, 1677, the court calculated that it would pay the ered- itors 6s. 8d. upon the pound, as follows: Capt. John Hull, 35li. 15s .; William Inglish, 10s .; Mr. Jacob Eliot, 10li. 13s. 3d .; Hezekiah Usher, 31li .; Mr. Richard Russell, 28li. 16s. 6d .; Major Thomas Savage, 27li. 9s. 1d .; Mr. Jonathan Cor- win, which was a debt to Robert Gibbs, 81li .; Mr. Shrimpton, 20li .; John Whipple, 3li .; Mr. Chadwell of Salem, 25li .; Mr. Ting, Sli .; Mr. John Rogers, 17li. 10s .; total, 288li. 13s. 10d. The administrator was ordered to pay.
COURT HELD AT HAMPTON, 8 : 8 : 1678.
Major William Hauthorn, president; Major Pike, Capt. Nathll. Saltonstall, Mr. Samll. Dalton and Capt. Jno. Gillman, associates.
powder from a boy and deponent said "do not take powder from a boy but if you will take it, take from a man and upon that he struck me." Owned in court by James Davis.
Venire, dated Aug. 24, 1678, for grand jury and trial jury- men from Andover, signed by Robert Lord,* cleric, and served by Tho. Ossgood,* constable of Andover, who returned the name of Henry Ingalls for the trial jury and John Marston for the grand jury.
Venire, dated Aug. 24, 1678, for grand jury and trial jurymen from Topsfield, signed by Robert Lord,* cleric, and served by Samuell Howlet,* constable of Topsfield, who returned the name of John Redington for the grand jury and John Comings for the jury of trials.
Andrew Hiden and Jerimiah Pearson deposed that when John Baly came into the mill and would have his turn and took his bag and set it on some of Hiden's corn, putting the end of the bag into the hopper, Hiden laid his hand on the boy's mouth, whereupon the boy bit him.
Samuel Boynton, aged eighteen years, and Anthony Bennitt, aged about seventeen years, deposed concerning the dispute at Rowley mill, etc.
Samuell Platts deposed concerning the dispute.
* Autograph.
102
HAMPTON QUARTERLY COURT
[Oct.
Jury of trials: Leif. Georg Brown, foreman, William Sam- born, sr., Willi. Fifeild, Anthony Taylor, Francis Page, Jno. Stevens, jr., John Easman, Ephraim Winsly, Samll. Colby, Willi. Sargent, James Davis and Nath. Foulsham.
Grand jury: Henry Brown, foreman, John Cleford, sr., Godfrey Dearborn, Abraham Cole, Henry Dearborn, John Ilsly, John Stevens, sr., Jno. Gill, Peter Foulsham, Edmond Elliott, Jno. Weed, Robt. Eyer and Tho. Eyer.
John Keyser of Haverhill v. John Johnson, sr. For with- holding an acquittance. Verdict for plaintiff. The acquit- tance was given, Oct. 10, 1678, by John Johnson of Haverhill, with George Brown and Thomas Roby, as witnesses.
Peter Eyer v. John Arnold of Boston. For withholding money due for 10,000 pine boards delivered to Henry Collins of Lyn. Verdict for plaintiff.
Jon. Allin v. Tho. Clarke. For defendant, as the marshal's deputy, attaching the estate of said Allin in the suit of Steven Cross of Ipswich to appear at Salem court in 9 mo., 1677, came to an agreement with Allin to deliver Cross 20s. or 500 feet of boards at Exeter, on which account the case was not to proceed, but defendant returned the attachment and the action proceeded in Allin's absence. Verdict for plaintiff. Appealed to the next Court of Assistants. Said Clarke bound, with Stephen Crosse and Jno. Kindrick, as sureties.
Henry Roby and Nath. Boulter v. Robert Evens. Review of a case tried at Hampton court in 1672. Evens against Roby and Boulter. Trespass. For cutting and carrying away his hay and grass for several years from a parcel of fresh meadow near the beach, which he bought of Edward Colcord. Verdict
From Samuel Dalton's Commissioners Records. See ante, vol. 5, p. 235. On May 6, 1678, Peter Foulsam of Exeter and Susanna Cussons of Wells were married.
On May 29, 1678, Nathaniel Bachelder was sworn clerk of the trained band. On June 4, 1678, Michell Towsley and Mary Husse, both of Salisbury, were married.
John Ted of Woburn and Elizabeth Fifield of Hampton were married June 12, 1678.
Joseph French, jr., and Sarah Eastman, both of Salisbury, were married June 13, 1678.
Charles Runlett of Exeter acknowledged judgment to Nathaniel Browne of Salisbury, July 4, 1678.
Phillip Easman of Haverhill and Mary Morse of Newbury were married 22 : 6 : 1678.
Joseph Sherbin and Amee Cowell were married 19 : S : 1678.
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RECORDS AND FILES
1678]
for defendant. Appealed to the next Court of Assistants. Plaintiffs bound, with Christopher Palmer, as surety.
Humphrey Willson v. Nathanell Boulter and Willi. More. For not making good a covenant, concerning the hire of plaintiff's island near his grist mill, in which covenant they were bound with Jno. Warrin and Jonathan Thing, late of Ex- eter, deceased, to pay him ten pounds for ten years' rent of said island. Verdict for plaintiff. Appealed to the next Court of Assistants. Defendants bound, with Henry Roby as surety.
Major Robert Pike v. John Wells. Debt. Forfeiture of a bond. Verdict for plaintiff. Execution was respitted on account of defendant being out of the country.
Jno. Mason acknowledged judgment to Sam. Levitt, in hay.
Tho. Rawlins acknowledged judgment to Samll. Levitt of Exiter in boards.
Edw. Hilton of Exiter acknowledged judgment to Sam. Levit, in boards and silver money.
Christopher Palmer acknowledged judgment to Mr. Edward Woodman, in boards.
Georg Jones acknowledged judgment to Mr. Saml. Dalton, treasurer of Norfolk.
Major Pike's complaint against Mr. Hook was settled by payment of a fine.
Danll. Thirston of Nubery acknowledged judgment to James Davis of Haverhill in cider, rum, English goods or corn, sheep and neat cattle.
Joseph and Benjamin Grele, Samll. and Joseph Eaton were fined for abusing the widow Goodale of Salisbury by throwing stones at her house at unseasonable times at night, frightening her.
Nathll. Foulsham, bound for selling strong drinks without license was fined, but with respect to a public meeting of the "troop of Norfolk at ye town of Exeter this summer, we might occasion more houses of entertainmt than one," court remitted the fine.
Administration of the estate of Richard Allin, late of Haver- hill, deceased, was granted to Joseph Allin, his brother, who gave bond with Jeremiah Allin, as surety. Court ordered that the estate be divided according to the evidence of Martha Hubbard,
104
HAMPTON QUARTERLY COURT
[Oct.
Mary Hewes and Jerimie Allin, cautioning him not to pay off any except legal debts.
Martha, wife of Richard Hubbard of Salisbury, testified that being with her brother Richard Allin immediately before his death in the summer of 1678, she heard him say that he bequeathed to his sister Mary Hues the better part of his estate and what was left to his brethren Joseph and Jerimie, equally. A chest with its contents then at his brother Peter Eyer's house in Haverhill he bequeathed to Saml. Eyer, son of his brother Peter.
Mary Hewes and Jerimie Allen deposed the same. Sworn Oct. 8, 1678, before Nath. Saltonstall,* commissioner.
Inventory of the estate of Richard Allin, deceased, taken June 8, 1678, and allowed in Hampton court: wareing clothes of Richard Allin appraised by Sargent Stevens and John Easman, at Salisbury, 7li. 13s .; Robert Clement and Danll. Lad, jr., appraised 40 acres of land at Haverhill, 90li .; 212a. of meadow, 7li .; 2 Common Rights, 10li .; Danl. Clement and Abraham Clement appraised a chest at Haverhill, 2li .; total, 117li. 3s.
Daniell Ela "haveing been disappointed by ye Providence of God in the Small Pox being at his house in ye Spring last, so that he could not make improvement of his license to sell drink," and he pleading that he had put in a supply of drink, court granted him a license until the next Salisbury court to sell wine, liquor, beer, cider and provisions for man and beast or travellers in Haverhill, he attending upon his peril to the directions in the law given to persons who keep houses of pub- lic entertainment.
John Moulton was sworn constable of Hampton for the ensuing year.
Major Robert Pike, Capt. Tho. Bradbury and Henry Brown were sworn commissioners to end small causes for Salisbury.
Elizabeth Perkins having been appointed administratrix of the estate of Abraham Perkins, jr., of Hampton, and ordered to appear at this court for settlement, was excused, she being near her time of travail. She was to appear at the Salisbury court in April, 1679.
A proposition having been given in to this court, Oct. 8, 1678,
* Autograph.
105
RECORDS AND FILES
1678]
under the hands of the selectmen of Hampton that Samll. Sherborne, who had bought the living at Hampton where old Goodman Tuck lived and kept ordinary or a house of enter- tainment, have a license to keep a public house of entertain- ment at that place, for selling wine, liquor, beer, cider, and entertainment for horse, man or travellers, court granted it, with the proviso that he keep all the laws relating to inn- keepers and keep a house that may be suitable to entertain the court and strangers.
John Page being propounded by the selectmen of Haverhill to keep a house of public entertainment at Haverhill for the sale of wine, liquor, beer, cider and provision for horse, man or travellers, was granted a license within the prescribed limits.
Frances Jennis was discharged of his bond for good behavior.
Mrs. Sarah Stockman and Robt. Downer, called as witnesses for the country against Sargent Eaton, defaulted and were fined. Eaton was discharged.
Upon complaint of Isaac Perkins, court ordered that he should not be molested by the town of Hampton concerning any highway to go through his land until such time as the court should determine, and that the selectmen of Hampton appear at the next Salisbury court to answer the complaint.
Upon request of Mr. Andrew Wiggin, license was granted him to keep a public house of entertainment for strangers and travellers and to sell wine and liquors, provided he strictly observe the laws concerning innkeepers.
Samll. Colby, for selling wine by retail without license, was fined 5li., and he appealed to the next Court of Assistants.
William Sargent was fined upon his presentment.
Inventory of Hugh Sheratt's estate, late of Haverill, being presented to this court, was referred to the next Salisbury court, and the selectmen of Haverhill were ordered to summon all persons interested in the settlement to appear at that time.
Thomas Mekins defaulted and his bond was declared for- feited.
Will. Johnson defaulted and his bond was declared forfeited.
Mr. Hook's complaint against Major Pike, Jno. Allin and Robt. Pike, jr., was referred to the next Salisbury court.
Ephraim Winsley testified that being constable of Salsbury the past year, he served an attachment upon Jno. Weels for
106
SALEM QUARTERLY COURT
[Nov.
Court ordered Capt. Saltonstall to call Bartholemew Heath before him to answer to the presentment brought in by the grand jury to Salisbury court, Apr., 1678, about being too much in drink or liquors.
Samll. Watts was appointed administrator of the estate of Samll. Giles and ordered to bring in an inventory to the next Salisbury court.
Isaac Perkins was fined ten groats for threatening to shoot Joseph Dow.
A rate of 50li. was ordered to defray the county debts. Ten shillings allowed the servants.
COURT HELD AT SALEM, 26 : 9 : 1678.
Judges: Maj. Genll. Daniell Denison and Major Wil- liam Hathorne, assistants; Mr. Woodbridg and Mr. William Browne, associates.
Grand jury: Leift. Jeremiah Neale, foreman, Frances Sker- ry, Christopher Babbadge, Thomas Rootes, Henry West, John Devorix, Jolın Abby, Onesipherus Allen, John Davis, John Burrill, Samuell Johnson, Robert Potter, John Collens and Humphry Woodbery.
Jury of trials: Mr. Eleazer Hathorne, Leift. John Pick- ering, John Marston, Mr. Wm. Hirst, Nathaniell Beadle, Samuell Balch, Samuell Morgaine, William Fisk, William Seargent, John Ballard, Joseph Collens, John More, and in the action of Capt. Oliver v. Nahant and Lynn, Leift. Paul Thorn- dike, Frances Nurss, and Wm. Rayment, in place of Lynn men.
Nathaniell Putnam and John Holms of the grand jury and William Trask and Joseph Hutchenson of the jury of trials were fined for not appearing.
Major Robert Pike for a debt of 5li. and committed him to Abraham Knolton to keep, who later took him to Major Pike who released him. Sworn in court.
From the Salem Cominissioners' files:
Writ: John Hunnywell v. Robert Cannon; for security for the payment of a debt; dated 26 : 11 : 1677; signed by Hilliard Veren,* for the court; and served by Henry Skerry,* marshal of Salem, by attachment of a bed, sea bed, pillow, blanket, sea coat and a wicker basket.
Mr. Nathaniell Masters, aged about forty-seven years, deposed that he heard Cannon speak before John Hunniwell gave his bill for him as if he were intending to go in the sloop with Hunniwell, but afterward he said he should
*Autograph.
107
RECORDS AND FILES
1678]
go in some other vessel out of the country. Sworn, Feb. 4, 1677, before Bartho. Gedny,* commissioner.
Ephraim Marston, aged about thirty-four years, deposed. Sworn, 4 : 12 : 1677, before Wm. Hathorne,* assistant.
John Hunniwill's bill of cost, 12s. 10d.
Bond, dated Jan. 24, 1677-8, given by Robert Cannon,t now resident in Salem, mariner, to John Hunniwel, seaman, now resident in Salem, for 40s. Wit: James Browne* and Francis Neal .*
Writ of execution, dated 7 : 12 : 1677, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem.
Peter Swetland, aged about twenty-nine years, deposed. Sworn in Court of Commissioners.
Papers in the Commissioners' Court, 5 : 1 : 1677, at Salem :
In an action of Jeremiah Neale, attorney to Andrew Mansfeild and Mary, his wife, executrix of the estate of Jon. Neale, her late husband, against Hen. Skerry, sr., court gave judgment for plaintiff.
John Grant, for drunkenness and swearing, was fined and imprisoned. John Marston, jr., deposed that he heard Grant swear by God's wounds and speak many other bad words. William Stacy, the younger, testified that he was drunk. Jacob Pudeater promised payment.
Allixander Mackmallen, for being much in drink, which he confessed, was fined or to be put in the cage three hours.
Moses Chadwell acknowledged judgment to Mr. Edmond Batter.
Writ: Mr. Edmond Batter v. Moses Chadwell; debt; dated 26 : 12 : 1677-8; signed by Hilliard Veren,* for the court.
William Wood,* Thomas Candis,* John Roades* and Chas. Green* cer- tified "that John Colle hath Liued heare this seven yeares in maruellhead and hath paid all Rattes and taxes what hath been demanded and that hee Is now Ratted upon oure Constables Ratte And that hee Lives now att Wil- liam Woods house when hee Is from sea and his goods Is theire and his sonn Is their att William Woods house."
Writ of execution, Mr. Edmond Batter against Moses Chadwell, signed by Hilliard Veren,* cleric, and served by Henry Skerry,* marshal of Salem.
Writ: Jeremiah Neale, attorney to Andrew Mansfeild and Mary, his wife, executrix of the will of John Neale, lier late husband v. Henry Skerry, sr., for cutting and carrying away several trees in Loofe's lot, so called, in Sa- lem north field; dated 9 : 12 : 1677; signed by Hilliard Veren,* for the court; and served by Nathanell Beadle,* constable of Salem.
Jeremiah Neale's bill of cost, 1li. 18s.
Mary, wife of Andrew Mansfeild,* certified, Mar. 4, 1677-8, that she gave power to her son Jeremiah Neale to make a division of Luff's lot, one half of which was given by her husband's will to her son Johnathan Neale and the other half to her, which order was given three months sinee. Wit: Char- iti (her mark) Nicols and Ane (her mark) Neale.
John (his mark) Peas and James Symonds* appraised the damage on Luff's lot, next to Marshal Skerries, from Neale's rock across the lot over to Eborn's bounds, at 5s. Sworn in court.
Letter of attorney, dated Feb. 1, 1677, given by Marye Mansfield,* wife of Andrew Mansfeild,* to her son Jeremiah Neale of Salem. Wit: Lydiah (her mark) Hart and Edward Flint .* Sworn in court.
Edward Flint* and James Symonds* divided Luff's lot as follows: to Jonathan Neale, the part next John Massies, formerly Goodail's; the other half is next to Marshal Skerrie's at the upper end "and soe rangeing ye length of ye sayd land against ye heads of Robin's his lot Rayes lott & ye afore- sayd Skerries Lott." Sworn in court.
John Williams, aged about forty years, deposed that the land had been enjoyed by Henery Skerry, sr., for about twenty-two years. He had mowed there for his father-in-law several times up to the cartway which was always the cartway ever since he could remember. He had also been there when
*Autograph.
+Autograph and seal.
108
SALEM QUARTERLY COURT
[Nov.
John Neall, sr., had been at work on the other side of the cartway, and never heard him make any claim to it. Sworn in court.
John Massey, aged about forty-seven years, deposed.
John Pease, sr., deposed that the upper end of Goodman Matson's lot ad- joining Marshal Skerrie's which "was formerlie Vermasses bounds upon ye highway and ye bound att the upper end att ye north East corner next Ver- masses lott is a stumpe of a tree, where there was a stake last Satterday. The land adioyning att ye upper end next this bound, was alwayes acounted as highway & improued to that end by carting upon itt and by goodmon Cole mowing & carrying away ye Hay, and this he Did for about ye space of Seaven yeares while I liued with my master wch is aboutt twentie seaven veares since and this he did by claiming a priviledge of ye grass of that way in ye upper end of that range of Lotts." Also "all ye while I liued with my Mas- ter That Vermasse neuer claimed any land by improueing of itt or any other way in my time, then to ye place where now ye range of trees are cutt downe next to Rayes bounds." Sworn in court.
Simon Rumarill testified that about a year ago when he was apprentice to Marshal Skerrie, he cut the trees across the lots to Eborne's lot, etc. Sworn, Mar. 5, 1677, before Bartho. Gedney,* commissioner.
Jeremiah Neale and John Neale deposed that John Nealc, deccased, owned the land for twenty years, etc. Sworn in court.
Henry Skerry, sr., aged above seventy years, deposed. Sworn, 26 : 12 : 1677, before Bartho. Gidney,* commissioner.
Joshua Ray, testificd that the heap of stones near a black oak tree at the west corner of his father's lot had always been the corner bounds between his fath- er's lot and the lot of Richard Waterman, which was the widow Vermasses'. Also the said heap of stones was always the reputed corner bound of Richard Waterman's lot, which is now in possession of Marshal Skerrie. Deponent's father's lot bounded upon the highway at the upper end. Sworn in court.
Frances Skerry, aged about seventy years, deposed that the lot had been in possession of his brother Henry Skerry and those before him about forty years, etc. Sworn in court.
John Peas, sr., and James Symons testified. Sworn in court.
Francis Nurse testified that the northeast corner bound of Vermasses' lot bends toward the river southeast more than the northwest corner, and he heard Vermasses' sons sav when the land was in their possession that they had broken up part of the highway. Sworn in court.
Tho. Robins, aged sixty years, deposed that he did not know the bounds at the northeast corner until John Neale showed him the stones near a place that was called the ox pen. Deponent had known this lot for about thirty years. Sworn, Mar. 1, 1677-8, before Bartho. Gedney,* commissioner.
Henry Skerry, jr., aged about forty years, deposed that his father had en- joyed this land twenty-four or five years, etc. Sworn in court.
Writ: Jonathan Hart of Salem, in behalf of himself and sisters, Elizabeth, Sarah, Deborah and Florence, only children and heirs of John Hart and Flor- ence, his wife, formerly of Marblehead v. Richard Rowland; for withholding a certain parcel of land containing five acres, which was part of Hart's interest which he purchased in Mr. Humphryes farm; dated Mar. 18, 1677-8; signed by Hilliard Veren,* for the court; and served by Henry Skerry,* marshal of Salem.
Richard Rowland's bill of cost, 1li. 9s.
Jonathan Harte's bill of cost, 2li. 23. 11d.
Copy of papers in a similar action brought, Mar. 25, 1673, in Ipswich court.
John Cooke, aged about thirty years, and John Traske, aged about thirty- five years, deposed that they heard Rowland own that he had three acres of Hart land in his possession and he proffered Edward Flint and Jeremiah Neale forty or fifty shillings in silver provided they would not trouble him about it. Sworn in court.
Mr. Richard Norman, aged about fifty years, deposed that he was present
* Autograph.
109
RECORDS AND FILES
1678]
at the dividing of the farm, called the Plaine farm, which was purchased from Major Hathorn by John Hart and the rest of the proprietors. Sworn in court.
James Dennis and Nathaniell Walton testified that they having been ap- pointed by the town of Marblehead to examine all persons belonging to the town as to their right to keep cattle on the farm and common, etc. Sworn, Mar. 18, 1677-8, before Moses Mavericke,* commissioner.
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