USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 20
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*Petition to the court, dated Apr. 1, 1679, signed by Ezekiell Northern, t Edward Hasen,t John Acie, Andrew Stickny, t Samuell Browne, f Daniell Wicum, t Samuell Mighell,t William Brownet and Humfrey Hobson :; "Honered Fathers: we whose Names are subscribed being tender of your honers reputations soe of our owne Credit could doe noe other for the vindication of our suffring names then exhibit this our humble complaint to your honers for the reparation of ye same; humbly hoping that hearin we shall be acounted noe offenders: your honers may be Informed that in obedience to athorytey we gaue in euedences about ye Reuerent Mr Philips his reflecting and speaking against Athorytey (as we conceiue) which euedences as they are sworn soe we still affirme to be certainly true, || euery one in perticular || which
t Autograph.
185
RECORDS AND FILES
1679]
testimonies (to our great admiration) are peremtoryly denied and disowned by Mr Phillips, and we rendred publiquly befor ye hole Congregation of Rowley (on ye last Saboth) noe other then perjured persons and false swearers and that befor some strangers, to the great Damage of our reputation, and though we can with all good concience plead our sincerity and as to what we haue sworn before god and Athority yet Mr Philips is pleased to report that ye worshipful Major Genrall should say that he thought that our euedences wear fals when we went to give them in to him these things as they darken our reputation amongst those that are sober and honest soe they wil be a reall discouragement to us for ye future for discouer- ing any Reproaches which may be cast upon your honers unles we can be admited to haue a canded hearing in order to the vindication of our Inocency."
Bill of cost against Mr. Phillips.
Ezekiell Mighill, John Stickny, Phillip Nelson, Samuell Platts, Abell Platts, Caleb Bointon and John Pearly, deposed, that at Rowley meeting the last Lord's day, after sermon and prayer and blessing concluded, Mr. Phillips stayed the con- gregation and informed them that sundry persons had com- plained of him to authority. He signified that those persons had been false witnesses concerning what was testified about judges defending sin to the sword's point and speaking of them as tormentors. Mr. Phillips said he never mentioned the word Judges in that sense, except a proof from the book of Judges, nor the word tormentors. Sworn in court.
Maximilion Jewet,* John Johnson,* Tho. Tenny, sr.,
* Thomas Leaver, sr.,* John Pickard,* Thomas Burkbee,* James Bayley,* William Tenny,* Thomas Leaver, jr.,* John Tod,* John Burbanke,* John Bayly* and Joseph Boynton* testified, Apr. 1, 1679, that the day that Mr. Nelson was censured by the Church, as an aggrevation of one of Nelson's offences "our teacher added thes folowing words your un- brotherly or unchristian carriage in hailling brother Leauer to the Court after he had made three confessions two to many: and we doe possetiuly affirm that thes words affore said of our teacher were thus conveyed together by him: Before the word tormentor was used by our teacher which was named by him toward the latter end of his speech || as to that per- cicution || and the text eightenth of mathew was named wher that expression is used." Sworn in court.
William Browne,* Samuell Mighell,* Ezekiell Northend,* Edward Hazen,* Joseph Plumer and Humphrey Hobson* testified that they were present on Lord's day, Nov. 3, when Mr. Phillips was laying conviction of sin before Mr. Phillip Nelson, and among other things aggrevating the offence of
* Autograph.
186
IPSWICH QUARTERLY COURT
[Apr.
Mr. Nellson's, having Goodman Leavour to court for charging him with blasphemy. Mr. Phillips used these expressions, that Goodman Leavour had made three confessions which were two more than he needed, and yet for all that Mr. Nelson would not take satisfaction but haled him before the tor- mentors. Sworn, Nov. 5, 1678, before Daniel Denison .*
Richard Holmes, Samuell Myghell and Caleb Bointon testified that they heard Mr. Phillips say that the testi- monies before the Major General were false and the latter counselled him to testify against them. These were testi- monies concerning Mr. Phillips speaking against authority. Sworn, Dec. 11, 1678, before Daniel Denison .*
Mr. Anthony Ashbee deposed that he was at Mr. Phillips' house and the latter told him that the Major General said when they were testifying that he thought they were lies, "but I must giue men their oathes when they com to be sworn because of my place." Sworn, Dec. 11, 1678, before Daniel Denison .*
Daniell Wickam and John Acie deposed that at Rowley meeting Mr. Phillips speaking of the sinfulness of sin, referred to some who would speak blasphemy and then sue a brother for saying that he did so, though in a matter of truth. Then he showed what a sad thing it was when sin should be pun- ished by the Judges, that at the same time those who should punish sin stood up as attorneys to plead for sin, and justified the guilty and condemned the innocent. This was in relation to Mr. Nelson suing Goodman Leaver. Sworn, Nov. 5, 1678, before Daniel Denison .* Abraham Jewet testified to the same.
John Acie, Andrew Stickney and Samuell Brown testified. Sworn, Nov. 5, 1678, before Daniel Denison .*
Corporal Northen and Joseph Plumer, sr., deposed that at Northen's house, said Plumer was telling Goodman Tod, etc. Sworn, Dec. 11, 1678, before Daniel Denison .*
Thomas Leaver, sr., deposed that he took down some headings of the sermon that Mr. Phillips preached on Sept. 29, etc.
Ezekiell Mighill, John Stickny and Samuell Browne deposed.
John Johnson* testified that he took notes of the sermon and in speaking of how men may partake of other men's sins, Mr. Phillips came to a 10th particular which was that "we partake in other mens sins when instead of Reproueing we aprooue of the sin of others and this was done in 3 things, when we take pleasure in the euill actions of Others. 2 when we flatter men in euill doings. 3 when we defend and excuse mens sins as if we would take upon us to be aturneys and advocates to plead for them 17 pro : 15 yea some will defend
* Autograph.
187
RECORDS AND FILES
1679]
Lawrence Clenton, presented upon instigation of Samuell Hunt and not proved, was allowed costs .*
Court ordered that three pence per week be taken off from the amount which John Hunkins was ordered to pay to Wm. Hayward for the keeping of the child, and that for the future he should pay 1s. per week until the court take further order.
Twenty shillings were paid by the marshal to the house for the last two courts and 3s. 4d. to Abraham Perkins.
In answer to Mr. Jerimy Hubbert's petition, court having heard the demand of Mr. Hobart and the testimony of Mr. Cobbit and Mr. Wm. Hubbord, together with the answer of the selectmen of Topsfield concerning an engagement proffered Mr. Hobart to induce him to accept their call to the ministry in Topsfield, court judged the engagement to be of force and required the selectmen and the inhabitants to pay forthwith to Mr. Jerimy Hobart 60li. or so much land
the sin of others by the swords poynt as the benjamite, tooke up armes to defend the gibeonites 20 Judges herby they did in a high degre partake in their sin."
*Thomas Borman, aged thirty-four years, testified that in the year when Lawrence Clenton lived with him as a ser- vant, the latter mowed grass between the land of Samuell Hunt, sr. and deponent and carried it away. Sworn in court.
Presented for taking a false oath. Wit: Samuell Hunt, sr., Samuell Hunt, jr., Elizabeth Hunt, sr., Elizabeth Hunt, jr. and William Hunt.
List of presentments, dated Apr. 1, 1679, signed by William Cogswell,t in the name of the rest of the grand jury:
John Pulsepher, for breaking open the barn door of James Chute, jr., breaking the lock, taking his oxen and working them contrary to his knowledge and order. Wit: Thomas Harris, sr., his wife and his son John.
William Hodgken, sr., for excessive drinking on a training day. Wit: Seth Story and Samuell Ayres.
Nathaniell Jacob, for taking swine and killing a swine that Moses Haggett claimed. Wit: John Dane, jr., Anthony Potter and Edmund Potter.
John Chub, for helping to raise a house at Chebacco that was intended for a meeting house, he manifesting as much in his complaint to Mr. Willson and Goodman Rust.
Hanah Adams of Newbery, for fornication.
Richard Holmes' wife, for striking her husband, as she told John Tod of Rowley, one of the grand jury.
+ Autograph.
188
IPSWICH QUARTERLY COURT
[Apr.
worth that amount. They were also ordered to put into good and sufficient repair the ministry house in Topsfield where their minister Mr. Hobart now lives, together with the outhouses and fences about the land. Also they were to take effectual care that the 60li. per annum allowed for the maintenance of the minister be paid to him or his assigns that it may be a testimony of their readiness to discharge their duty to God by their honorable maintenance of their min- ister according to their ability.
Whereas by order of Ipswich court, Sept. 25, 1677, John Browne was to pay his two sisters Martha and Sarah 10li. each and 21li. to his mother, upon consideration of the peti- tion of said John Browne and the testimony of Andrew Bird- ley, Nathaniell Browne and Mary Lambert, court ordered him not to pay the said amounts .*
*Petition of Jno. Browne :; He "apprehends that when yor. Honors setelled the estate which my Father Left yor Honors were not writely informed of my Fathers minde nor in what condition my father Left and had disposed of his Estate. ... my Father did in the time of his Life settell my Brother Nathaniel upone a better Estate then he Left to mee and my father gaue thirty pounds to my sister Martha Thorn and willed that I should paie to hir twenty pounds more and my Father gaue to my sister Sarah Jacobs Fiuety pounds, And this was all that my father intended and willed that my Brother and Sisters should haue, And indeed as the Estate is now settelled, the Lest of them will haue more then may proue to be clere from my fathers estate to mee, As in short I shall informe yor Honors As to ye Estat which my Brother Nathaniell now posseses I myself by my laboure and monys which I hired payed a hondred and fiuety pounds of the pur- chas; & when my Brother Nathaniell maryed my father desired me to Let my Brother haue my intrust in that estete, and I Acordingly did, wher upone my father then promised me yt I should haue the estate which he Liued upone afture his desese, the which quantety of Land is but seuen acors of ould worne out Land, and 4 acors of pasture and nintene of meadow which is uery mene and Lise 4 miles from hom the stock which my father Left was uallewed at about 47 pounds, and yor hnors granted to me administration upone the estate the which I Acsepted, and yorhoners ordered that I should alow my mother 16 pounds pr yere, And as Loue obedience honer & duty binds me I am frely willing to doe to & for my
t Autograph.
189
RECORDS AND FILES
1679]
Joseph Pike, administrator of the estate of Thomas Turrill,
mother to the extent of my abilety and in order to my fathers will follfill the same in all respects thorow gods Assistanc, But my Fathers will ware not that I should pay to my sisters ten pounds apese more then my Father had giuen and willed me to pay, yet not with standing yor honors did apoint & order that I should pay to my two sisters tenn pounds a pese & more giue to my mother twenty one pounds for hir dis- posall to be paid afture hir desease and my fathers estate was Left at his desease in debt foutskore pounds and the hole Estat would not be Lett for aboue tenn pounds pr yere nor is not worth more in estemation, and my mother is remoued from my house & liues with his dafture Sarah to hom the sixteen pounds must be paied in the best that I can produse, and I am freely willing so to doe, yet not with standing the hole estat will not of it selfe produce the quintety, I thus in ye present condision and capasety I am in present my desire to the Consideration of yor Honors that if yor Honors may see cause soe to order the mater that yor petitioner may not pay too his sisters yt tenn pounds apece which was Last ordered to be payd and somthing to Leson the twenty pounds to be given to my mothers disposall to be paied afture hir desease."
Copy of the record of Ipswich court, Sept. 25, 1677, relating to administration upon John Browne's estate, made by Robert Lord,* cleric.
Nathaniell Browne, aged about twenty-five years, deposed that not long before his father Jno. Browne died, he used to speak to deponent about the woman who is now the wife of his brother Jno. Browne. Deponent told his father that there was much love between them and she was a very suit- able person for a wife for his brother, but his father said he was not willing that John should marry her. His father then said that he thought he should not live long and would give to his son John all his living, both land and stock, he to maintain his mother and pay to Martha Thorne, his sister, 20li .; he had given to deponent all he had intended he should have and had paid to his daughter Sarah Jacobs 50li. which was all she should have, and to his daughter Thorne 30li., and 20li. more she should have from John, if the father did not live to pay it. Mary Lambert, aged twenty years, de- posed that she heard her master Browne speak these words. Sworn in court.
Andrew Borlay, aged about twenty-one years, deposed that when he lived with old Goodman Browne, etc. Sworn in court.
* Autograph.
190
SALISBURY QUARTERLY COURT
[Apr.
was ordered to pay the debts as far as the estate will go, a return having been made by the committee appointed to find out the amount of the estate.
Mr. William Symond dying intestate, the Honored Gov- ernor Symon Bradstreet, Esq., Major Hathorne, Esq., and the clerk, on June 17, 1679, appointed Mrs. Mary Symonds, the relict, and Mr. Jonathan Wade, administrators, who were ordered to bring in an inventory to the next Ipswich court. Mr. Jonathan Wade bound.
COURT HELD AT SALISBURY, APR. 8, 1679.
Grand jury: Henry Brown, foreman, Jno. Cleford, sr., Godfrey Deareborn, Abraham Cole, Henry Deareborne, Jno. Ilsly, Jno. Stevens, sr., Jno. Gill, Peter Foulsham, Edmond Elliott, Jno. Weed. Robert Ever and Tho. Eyer.
Jury of trials: Nath. Weare, foreman, Willi. Buswell, Tho. Mudgett, Jno. French, Nathll. Easman, Peter Eyer, Josiah Gage, Henry Moulton, Edw. Gove, John Barnard, Theophilus Dudley and James Kid.
James Davis v. John Wells. For said Wells' tenant, Jotham Hendrick, keeping possession of five acres of land in the great plain of Haverhill, sold to plaintiff by deed dated Apr. 2, 1678, and for which he received no rent. Verdict for plaintiff, the land sued for.
Daniel Thurston of Newbury, attorney to James Davis, sr. of Haverhill. For a 120li. "tooke caution" by mortgage to secure him for being molested about the debt, but since
Bond, dated Dec. 24, 1667, given by Edmond Bridges* to William Paterson, for 2li. 12s. in wheat at 4s. 6d. per bushel at said Paterson's storehouse in Ipswich. Wit: Jeremiah Belcher* and John How .* Acknowledged before Robert Lord,* cleric.
From Samuel Dalton's Commissioners' Records. See ante, vol. 5, p. 235. Ensign Steven Greenleaf of Newbury and Ester Swet, widow of Captain Swet, were married Mar. 31, 1679.
On Mar. 10, 1678-9, Nicolas Noris, convicted for being distempered with drink sometime in the beginning of this winter, was fined.
On Mar. 25, 1679, Bily Dudly was fined for telling a lie in his discourse with Ensign Samborn on Mar. 10, whereby he deceived said Samborn of 2s., also for vain swearing. He was to return the money and make ac- knowledgment before the present assembly that he was very sinful in swear- ing vainly or offering to swear when he knew his evidence was vain.
* Autograph.
191
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1679]
had been prosecuted and the account recovered against him so that said Thurston was compelled to sue for possession of the land, meadow and commonage in Haverhill made over and sold to him. Verdict for plaintiff.
Wm. Osgood v. Phillip Challis, Wm. Barns and Samll. Worster and Susanna Whitridg, administratrix of the estate of Anthony Colby, deceased. For not making good a cov- enant which he made with the town of Salisbury, concerning a grant of land and the erection of a sawmill. Verdict for defendant.
Capt. Walter Barefoot v. Christopher Palmer. Review of a case tried at Salisbury, Apr. 9, 1678, concerning the breach of a bond of arbitration, in which Jno. Redman, attorney, and Richd. Bradley were bound. Withdrawn.
Hugh Marsh v. Wm. Hilton. Debt. For 10 M feet of pine boards which should have been paid at Lamprele river landing place. Verdict for defendant.
Town of Haverhill v. Robert Swan. For inclosing in his land a town highway by fencing between his land and that of Tho. Davis, which highway leads from the common highway to the west bridge and thence down to a place where a sawmill formerly stood near Ensign Pecker's now dwelling house. Verdict for defendant.
Town of Haverhill v. Robert Swan. For fencing in near his present house a common highway belonging to the town, keeping the inhabitants from the use of it, and notwithstand- ing the town's complaint about five years since, has again stopped up said way, which is commonly called Bartholomew Heath's cart way and leads from Henry Palmer's to the west bridge behind the said Swan's house, and to the northward of several house lots between Palmer's and Swan's. Verdict for defendant.
Court ordered that Haverhill attorneys should have their papers delivered to them in the cases against Swan because the jury nonsuited them for want of legal attorneyship, which they alleged in court was their reason for finding against them.
Mr. Jno. Groth v. Tho. Mudgett. For withholding pay due him as a chirurgeon in curing one of defendant's appren- tices, Samll. Getchell, in September and October last, and for medicine. Verdict for defendant.
192
SALISBURY QUARTERLY COURT
[Apr.
Samll. Felloes v. Abraham Brown. For withholding a debt of seven pounds due upon a bond of arbitration, Jno. Clough and Ephraim Winsly being arbitrators. Verdict for plaintiff. Appealed to the next Court of Assistants. Hen. Brown, sr. and Abraham Brown bound.
Robert Downer v. Mr. Jno. Stockman. For not satisfying him for work done for him in 1678, felling timber, hewing and framing and setting up a house for him, 24 feet long and 20 feet in breadth, now standing to the northward of the former dwelling house, also other finishing work done to said house and cellar under it, cutting out passages from one room to another. Nonsuited.
Robert Downer v. Jno. Hendrick. Review of a case tried at Hampton court, Oct. 9, 1677. For not paying him for a month's work about three or four years ago when he was framing or building a house for Hue Marsh at Nubery. With- drawn.
Capt. White v. Wm. Sargent. Trespass. For cutting and carrying away the timber of said Paul White from his land in Amsbery without his knowledge. Verdict for defendant. Appealed to the next Court of Assistants. Mr. Tho. Wood- bridg and Jno. Allin bound.
Capt. White v. Jotham Hendrick. Trespass. For cutting and carrying away timber of said Paul White in Amsbery. Verdict for defendant. Appealed to the next Court of Assist- ants. Tho. Woodbridg and Jno. Allin bound.
Capt. White v. Josiah Heath. Trespass. In cutting and carrying away a quantity of cedar from plaintiff's land in Amesbury. Verdict for defendant. Appealed to the next Court of Assistants. Mr. Thos. Woodbridg of Nubery and John Allin of Salisbury bound.
Joseph French v. Jno. Griffyn. For not paying him 55 shillings. Withdrawn.
Danll. Ela v. Robt. Clements. For withholding pay due by book. Special verdict. If the law entitled "book debts" allowed the evidence in this case to stand, they found for plain- tiff, in corn, cattle or staves, if not, for defendant. Court gave judgment for plaintiff.
Christopher Palmer v. Danll. Tilton. Review of a case tried at Salisbury in April, 1678, in which Tilton was plaintiff
193
RECORDS AND FILES
1679]
against Palmer, for selling and delivering fifty acres of land near Tayler's river. Verdict for plaintiff, a reversion of the former judgment. Appealed to the next Court of Assistants. Tilton and Redman bound.
Danll. Ela v. Danll. Clements. Debt. Withdrawn.
In the action of Major Pike v. Jno. Wells at the last Hamp- ton court, judgment was entered in this court.
Henry Robye's license to keep ordinary at Hampton was renewed by this court.
Willi. Hackett v. Capt. Nicolas Page. No attachment served.
Joseph Perkins, presented for striking Josiah White, and court being informed that his father had given him correction for his fault, was discharged.
Mary, wife of Samuell Foulsom, presented for absence from the public worship of God, was ordered to appear before Capt. Gillman.
Robert Downer acknowledged judgment to Ephraim Brown in white oak pipestaves.
Arthur Benick acknowledged judgment to Hugh March of Nubery.
Upon request of Mr. Tho. Bradbury and Caleb Moody, they were appointed administrators of the estate of Mr. William Bradbury and were ordered to bring in an inventory to the next Hampton court.
John Griffyn of Bradford acknowledged judgment to Joseph French, sr., of Salisbury.
Jno. Stanian was discharged of his presentment made at Hampton court last.
James Davis, jr., in open court renouncing executorship according to his father's will and the rest of his relations being absent or withdrawn, was appointed administrator of the estate of James Davis, sr., late of Haverhill, deceased, and was ordered to bring in an inventory to the next Hampton court.
Tho. Bradbury, Phillip Challis and John Weed, appointed Apr. 8, 1678, at Salisbury court, to divide the estate of Thomas Barnard, late of Amsbury, reported on Apr. 6, 1679, as follows: to the widow Barnard, 200li .; to Tho. Barnard, the eldest son, 83li .; to the remaining eight children, each 41li. 10s .; the overplus, the mother was to have.
194
SALISBURY QUARTERLY COURT
[Apr.
John Emerie, sr., aged about eighty-one years, testified that about forty years ago he saw laid out to William Estow then living in Nuberie a four acre lot, being a house lot and twelve acres of meadow, bounded by Great Pine Island creek southerly, land of Toppan, formerly Moulton's, easterly, land of Emerie northerly and land of William Sawyer, formerly Palmer's westerly, between Great Pine Island and Plum Island, which land said Estow sold to William White, and White to Tho. Jones of Hampton, and Jones to deponent for William Ilsly, sr., who has peaceably enjoyed it from 1643 to date. Sworn in court.
Robertt Jones, for suspicion of stealing a parcel of boards from Nehemiah Partredg, was judged by the court not guilty of theft and therefore not culpable on that account, but finding him faulty in taking the boards in a disorderly way was ordered to pay costs.
Whereas Arthur Bennett, Georg Sweett, Elias Cr-, Tho. Stidmun and Mary Jones, wife of Georg Jones, were summoned to appear to answer for their misdemeanors and having defaulted, court ordered that the constable of Exeter bring them before authority to be bound over to the next Hampton court for contempt of authority.
Samll. Colbie's license to keep ordinary for Eamsbery for the ensuing year was renewed and liberty granted him to sell wine and strong waters to strangers.
Cornet Severance's license to keep ordinary for the year ensuing was renewed.
Sam. Watts, presented for quarrelling with Ben. Allin and confessing it, was fined ten groats.
Samll. Gatchel, presented for reeling and staggering in the streets like a drunken man, and other very unseemly carriages, was fined.
Capt. Jno. Gillman's license to keep the ordinary for Exeter was renewed.
Mr. Jno. Groth declared in open court that he impowered Danll. Ela of Haverhill to be his attorney in the action with Tho. Mudget.
Mr. Jno. Groth was allowed by this court to practise physic and chirurgery.
195
RECORDS AND FILES
1679]
Bartholemew Heath made default and his bond was de- clared forfeited.
Henry Brown was licensed to sell wine to supply the ne- cessity of sick folk.
Barthol. Heath of Haverhill, presented for two acts of drunkenness and not appearing was bound over to this court, and again making default, sending word that he could not come, was found guilty and fined.
Jno. Allin, complained of for words uttered by him when spoken to about going abroad so suddenly after he had the small pox, was to have a legal admonition.
Mrs. Sarah Stockman's fine, which was imposed because she did not appear at Hampton court as a witness in a pre- sentment against Jno. Eaton, sr., was remitted upon hearing her excuse.
Exeter, being presented for want of stocks, was fined, upon reasons given by Capt. John Gillman.
Susanna Buswell, relict of Isaac Buswell, jr., was appointed administratrix of the estate of Isaac Buswell, and was ordered to bring in an inventory to the next Hampton court and to take good care for the maintenance of the children.
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