USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 21
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Ten shillings were ordered to the servants of the house and wherever the members of the court had been enter- tained.
Josiah White, presented for fighting, confessed it, and was fined ten groats.
COURT HELD AT SALEM, JUNE 24, 1679.
Grand jury: Leift. Jeremiah Neale, Frances Scerry, Chris- topher Babbadg, Hen. West, John Devorix, John Abby, Oneispherus Allen, John Davis, John Burrell, Samuell John- son, Robert Potter, John Collens and Humphry Woodbery.
Jury of trials: Ensign John Fuller, Mr. Hilliard Veren, Mr. Ben. Gerrish, Jon. Sanders, Joshua Ward, Tho. Putnam, jr., Frances Nursse, William Nick, John Fiske, Joseph Dodg, Will. Hascall, jr., Daniell Huchens, Jacob Knights, Samuell Tarbox and Sam. Cobbit.
Mr. Timothy Lindall v. Robert Starr. Debt. Verdict for plaintiff. Christopher Wadsworth testified that he carried a summons to Boston and inquiring for any place of Starr's
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[June
abode heard of none, but left the summons with Mr. Chickly's wife who was said to be Starr's attorney .*
Marke Graves, who married Elizabeth Farrington, widow, relict of John Farrington, late deceased, and administratrix of the estate v. Mathew Farrington, sr. For withholding or refusing to deliver half of the tide mill. Verdict for defendant .;
*Writ, dated 17 : 4 : 1679, signed by Hilliard Veren,¿ for the town of Salem, and served by Henry Skerry,# marshal, by attachment of house and land of defendant.
Timo. Lindall's bill of cost, 1li. 12s. 2d.
Jno. Hill and Thomas Woodbery deposed that they being present at Timo. Lindall's house when he made up accounts with Robert Starr about a ketch which the latter had built for Lindall and partners, there remained due to Lindall about 15li. Sworn in court.
Robert Starr, Dr., 9 : 4 : 1677, due 136li. 4s. 5d .; Cr. by a Catches hull built 1677, 116li. 8s .; overcharge, 3li. 6s. 9d .; due, 16li. 9s. 8d., with intrest at 8 per cent., for two years, 46s. 6d .; total due, 18li. 16s. 2d.
+Writ, dated 16 : 4 : 1679, signed by John Wayte,¿ for the town of Malden and served by Jon. Witt,¿ constable of Lyn.
Mathew Farrinton's bill of cost, 2li. 4s. 6d.
Copy of will of Edmond Farington, dated Aug. 12, 1667, made by Robert Lord,į cleric. ||
Copy of inventory of John Farrington, taken May 14, 1665, made by Hilliard Veren,# cleric.§
Nathanell Hanforth, aged about seventy-two years, deposed that being warned by Henry Rhodes to appear at the Com- missioners' court in Line, 14 : 2 : 1663, John Fuller appearing on his father Edmond Farrington's behalf, pleaded that Henry Rhodes showed a wronged man and was nonsuited. Sworn in court.
Henry Rhodes, aged about seventy-one years, testified that he showed Edmond Farrington before the Commissioners for raising the water in Line river whereby his sedge land was damaged. Sworn in court.
Copy of Salem court records, 27 : 9 : 1666, relating to the settlement of John Farrington's estate, made by Hillyard Veren,Į cleric.
John Fuller and Mathew Farrington deposed that being desired to be present at a contract of marriage between John Farrington and Elizabeth Knight, John's father Edmund was asked what he would give his son. He replied that he would give him half his corn mill, half his upland and meadow and half his cattle. The remainder said Edmund declared he
# Autograph. § See ante, vol. 3, p. 336. || See ante, vol. 4, p. 327.
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would keep in his hands and dispose of it at his death as he saw fit. William Bartram, aged about fifty years, deposed. Sworn, Aug. 20, 1666, before John Leveret, assistant. Copy made, June 15, 1668, by Robert Lord,* cleric.
William Miller, aged about twenty-six years, deposed that in discourse between Joseph Jencks and Edmond Farington, standing upon the land, Jencks showed him the bound stake and told him which was his land and which was Elizabeth Farington's. Said Jencks told Farrington that all he desired was that the children might enjoy that part which he was to have for his wife and his maintenance while they lived and that the children of John Farington might have it after the decease of said Edmond and wife. He further said that he never intended to deprive them of it and all the world could not persuade him to do so. Sworn, 22 : 6 : 1666, before Wm. Hathorne .*
Moses Chadwell, aged about twenty-nine years, deposed that, working at the mill from time to time, etc. Mathew Farington had had the meadow in Roumblye marsh because John was a "weakly man" and could not go so far as Rumblye marsh. This meadow of John's lay very convenient to the mill, etc. Sworn, 22 : 7 : 1666, before Wm. Hathorne .*
Thomas Browne, aged about forty years, deposed that John Farrington told him that if his father were willing he would pull up the mill and go to a new plantation: "Why sayd I your Father hath done well for you, and hath given you a good estate, Then sayd John Farington to me, cossen you doe not know how it is my Father hath given me but the one halfe of this mill and land." Sworn, Aug. 20, 1666, before Jno. Leverett, assistant. Copy made, June 15, 1668, by Robert Lord,* cleric.
Richard Haven and Thomas Nuehall deposed that they were at the tide mill in Linne with Edmond Farington and his son Mathew and Joseph Jenckes and his mother Breade and her daughter Farington, at the dividing of the mill and land. Jenckes and his sister laid claim to the whole, etc. Sworn in court.
Sarah Witt and Parnell Kertland deposed that Mathew Farington, sr., had kept and maintained his aged father and mother ever since his brother John Farinton died, which is about thirteen years. His mother was a sickly woman a great part of this time and not able to keep herself any more than a child, and was kept like a sick body by reason of her great age. She lived until she was a hundred years old "want- ing Two or thare abought" and his father lived until he was four score and eight. Mathew and his wife were very kind
* Autograph.
198
SALEM QUARTERLY COURT
[June
Robert Knight v. Samuell Leach. Trespass. Verdict for plaintiff. [Defendant owned that the plaintiff had Blindman's right in Gloster. - Waste Book.]*
to them and they did not want for anything that was good and needful, as meat, drink and clothing, both in sickness and health. Sworn in court.
Elizabeth Bread, aged about fifty-nine years, deposed that at the making of the match between Jno. Farington and her daughter Elizabeth, now a widow, she asked Mathew if he would not give John the other half at the death of himself and wife, and he said he would, all except the cattle, as John had a stock of horses or horse flesh of his own. Joseph Janckest of Providence, sometime past of Line, testified to the same. Sworn, 22 : 6 : 1666, before Wm. Hathorne.t
John Floyd, aged about forty-two years, deposed that the year John Farington married Elizabeth Knight, etc. The other half of the property was to go to John's children. Sworn in court.
*Writ: Robert Knight of Marblehead v. Samuell Leach of Manchester; trespass; for cutting a considerable quantity of wood on land formerly Mr. Blindman's, given him by the town of Gloster, defendants claiming it to be in the town of Manchester; dated June 16, 1679, signed by Hilliard Veren, t for the town of Salem; and served by Henry Skerry, t marshal of Salem.
Robert Knight's bill of cost, 4li. 5s. 8d.
Copy of a record of the General Court for Elections held at Boston, May 3, 1642, by which William Hauthorne and Ed- ward Hollioke and Mathew Boyd agreed "wth the consent of Ipswich Cape Anne & Geofferys Creeke that their bounds shall lye as followeth That all the land lying betweene Ipswich & Cape Ann meeting houses shall be divided sixe miles to Ipswich & fower to Cape Ann where there are tenn miles and so by proportion where lesse that is of fifths: three parts to Ipswich for two to Cape Ann and where there is more then tenn miles the Remainder to lye to Jeofferys Creeke. this to be measured before the next Generall Courte." Accordingly the bounds between Cape Ann and Ipswich are: "at a white oake marked on fower sides about one hundred & twelue rods in a southeast & by east lyne betwixt the meeting house to the southward of chebeaque marshes and from theare by quarter- ing the Compasse by a southwest & by south and by a north east & by north line to be the bounds betwixt the two planta- tions." Copy made by Edward Rawson,t secretary.
Copy of a record of the General Court held at Boston, May t Autograph.
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1679]
15, 1672, by which Thomas Lawthrop and Joseph Gardiner, set the bounds between Glocester and Manchester at a meet- ing at the former place, Sept. 19, 1671, as follows: for Glocester, " we haue run a line upon a west southwest course from Glocester meeting house fower miles and there marked a Pyne tree which is the bounds at that place betweene the said Townes and from thence upon a streight line to a white oake which mr Joseph Gardiner formerly sett for the bounds and from thence to another white oake tree at the Coming in of a little Creeke at the east end of a Beach and Manchester to end at the white oake which is by the said Beach and from the Aboue said tree Glocester to keepe the fower miles untill they meete wth Ipswich line." Copy made by Edw. Rawson,* secretary.
Samll. Gatshell* and Thomas Nicklson* deposed that they found the bounds of Robert Knight's farm at Kittle Cove to begin "at the Little pond and from thence to a White Oake on the uper side of the Marsh and from thence ouer a plaine to a white oake marked on the brow of a Hill and from thence ouer the Hill on a straight Line to the next Brooke toward Gloster and by the Brooke side into the sea as may appear by the Records of Gloster: which we have compared with the said Markes and find them agreable." Sworn, Sept. 16, 1678, before Moses Mavericke,* commissioner.
Copy of records of Gloscester, made June 13, 1679, by Thomas Riggs,* recorder: "11th 3mº 43. Mr Richard Blyn- mans Farme four score Acres of upland att Kettle Coue giuen and the necke of Land beond the marsh and all the marshe if it bee not 30 Acres and if it be 30 Acres then to haue but 20 Laid out and bounded from the Litle pond aioyninge to the sea and the necke beond the marsh and Two beach trees one by the rocke side by the pond and and the other neere to it and from there on a straight Lyne to a white oake marked by the first Coue side that goes into the marshe and soe on a straight Lyne to a white oake marked on the Brow of a hill att the hed of the plaine on this side the marsh and on A straight Lyne to the next brooke and so by the brooke side to the sea and all the marsh."
Jams Stevens and Steven Glover deposed that when they were running the line, Manchester men said Gardner had power to make the bounds where he wished. Gardner replied that he did not come to meddle with the bounds of the farm that was given to Mr. Blinman, for he said that Robert Knight would keep the farm, let it fall on which side of the farm it would. He cited some land up toward Topsfeild. William Sargaint, sr., testified to the same. Sworn in court.
William Sheldon and William Beale, accompanied by some Gloster men, Goodman Persons, Goodman Glover and Good-
* Autograph.
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SALEM QUARTERLY COURT
[June
man Prince, at the request of Robert Knight, sr., of Marble- head, ran the line as follows: "wee began at Gloster meeteing house; wee set the Compass uppon a south weast pointe & so wee ranged the woods as neere the same pointe as possible wee could on ye same pointe till wee came to A greate Rock beinge on ye north or north weast side or there aboute of A littlee ponde to the pointe of the same Rock, neere Adioyne- inge to the path which goeth betwixt manchester & Gloster, wee founde it by Measure from Gloster meeteing house to the Aforesayed rock beeinge measured as well as possibly wee Coulde ackcordinge to our best scill & iugdmente to bee foure miles in length from gloster meetinge house to ye pointe of the Rock Aforesayed goodman persons & goodman Glover carried ye line William Beale goodman Glover & goodman Prince kept ye ackcounte & all Agred in theire reckoninge at ye four miles end as aforesayed & ye Aforesayed William Sheldon set the Compass & ran the range." They also testified that upon Apr. 5, 1679, Robert Knighte, sr., requested William Bennit and some others of Manchester who were selectmen of Man- chester to run the line between Manchester and Gloster, but they refused. Sworn, May 10, 1679, before Moses Mavericke,* commissioner.
John Devoreux, sr., aged about sixty-four years, testified that about thirty-four years ago he cut hay in Kittell Cove marsh and was forbidden by Mr. Blinman, minister of Cape Ann, but they afterwards agreed. Tho. Bowen, at that time servant of Mr. Devoreux, testified to the same. Sworn in court.
Samll. Gatshell,* mariner, testified that about seven years ago, he ran the line, etc. Sworn, July 17, 1678, before Moses Mavericke .*
Anthony Day, aged about fifty-six years, deposed that when Mr. Blinman lived in Gloster, he had cleared the road several times for the surveyors, etc. William Sergaint, sr., testified. Sworn in court.
Thomas Judkin, aged about fifty years, testified that he had worked on the roads and had marked trees and cleared the way to the pine hill on the westerly side of the little pond. Sworn in court.
John Knight, aged about nineteen years, deposed that last summer he, his father Robert Knight and his brother Robert were at Kittell cove and saw Onisipras Allin and his brother William Allin mowing in his father's marsh. The Allins and Knights agreed when Samuell Leatch came up and Onisipras said "heare is a man that haue cutt a hundred courdes of wood upon yor land & you say nothing to him." Samuell Leatch replied that he had cut a great deal and intended to
* Autograph.
201
RECORDS AND FILES
1679]
Tho. West, John Sibly and John Elletrop, agents or attor- neys for the town of Manchester v. Robert Knight. Trespass. Verdict for plaintiff .*
cut a great deal more. Robert Knight, aged about sixteen years, testified to the same. Sworn in court.
James Stevens, aged about forty-eight years, testified that thirty years ago he helped clear the highway between Gloster and Manchester, etc. Sworn in court.
William Beale, aged forty-nine years, deposed that about eighteen years ago, as the deputy of Mr. Samuell Archer, the marshal, he served an attachment upon some of the creek inhabitants, etc. Goodman Knight argued that what the creek men did upon his farm, they did it in "hagger mugger" and very dishonestly, etc. Sworn in court.
*Writ, dated 16 :4 : 1679, signed by Hilliard Veren,¡ for the town of Salem, and served by Henry Skerry, t marshal of Salem. Bond of Robard Knight.t
John Norman and Ledia Bishop deposed that, in 1651, said Norman and Isaac Foot were employed by the town of Man- chester to look after cattle which were wintered upon the land now in controversy, etc. Sworn in court.
John Sibly and Robert Leach deposed that the committee from the General Court who settled the bounds were Capt. Thomas Lathrope, Lt. Samuell Apleton and Mr. Joseph Gardner. Sworn in court.
Samuell Leach and John Sibbly deposed concerning carry- ing away timber from the land. Sworn in court.
Town of Manchester's bill of cost, 3li. 11s. 2d.
Copy of a record of the General Court at Boston, 13 :3 : 1640, made by Edward Rawson,t secretary: "The petition of the Inhabitants of Salem for some of their church to haue Jeofferys Creeke & land to erect a village there; for m' william walton John Blacke Willi. Allen, Sam. archard George Norton & Compa what land & inlargement may be convenient, and is not granted to any other Plantation is granted them and It is referred to m' John Winthrope Jun & Mr Symon Broad- streete to setle the bounds of the said village."
William Walton,t John Blacke,; Willm. Allen, t Samuell Archard,t George Norton,t William Dicksie,t John Sibley, t James Standidg, t John Freind, t John Pickworth, t John Gally, t Benjamin Parmiter,t Robert Allen,t John Norman,t Edmund Grover,t Pascay Footet and Willm. Bennet,t "belonging to ye Church & Towne of Salem (being straitned in our accomo- dations, so yt we are not able comfortably to subsist, hauing advised & taken counsel about or present state & condition
t Autograph.
202
SALEM QUARTERLY COURT
[June
Benjamin Marshall v. Samuell Pipen. Trespass. Verdict for plaintiff. Appealed to the next Court of Assistants. Defendant bound, with Mr. Tho. Norman and Henry Williams as sureties .*
it being judged fitt, & free libertye being graunted us to re- moue, & no place being so convenient for or easy removal, as Jefferyes Creeke, lyinge so neere us, & most of us hauinge some small quantitye of ground alotted to us there alreadye:) doe therfore iontly & humbly request this Honored Court to giue us power to erect a village there - to allow us such enlargement thereabouts, as is not graunted to any other plantation." Referred to Mr. John Winthrope, jr. and Mr. Symon Bradstreete to settle the bounds, 14:3:1640, and signed by Increase Nowell,t secretary, for the court.
Samuell Allen and Roberd Leach testified. Sworn in court. Nicolas Vincson and Samuell Allen testified that the land had been enjoyed by inhabitants of the town of Manchester since 1640, etc. Sworn in court.
On June 9, 1679, the town of Manchester appointed Thomas West, John Sible and John Eletrop as agents in this action. Copy made, June 20, 1679, by Sam. Freind,t clerk of the selectmen.
*Writ: Benjamin Marshall v. Samuell Pippen; trespass; for felling and disposing of the timber that stood upon the land that Samuell Cogswell leased to Pippen, which lease was assigned to Benjamin Marshall, the latter having purchased said Cogswell's right; dated June 3, 1679; signed by Robert Lord,t for the town of Ipswich; and served by Robert Lord,t marshal of Ipswich, by attachment of a house of defendant on land that was formerly Samll. Cogswell's. Bond of Samuell Peppent.
Benjamin Marshall's and Samuell Pippin's bills of cost, 4li. 9s.
Copy of lease, dated Jan. 5, 1677, given by John Cogswell of Ipswich, administrator of the estate of Samuel Cogswell, late of Ipswich to Benjamin Marshall of Ipswich, shipwright, for money, goods and cattle, also one bill to discharge said Cogswell of the rent of the meadow at the Island to Abraham Perkins, and 5s., land in Ipswich beyond Chebacco river, except land at the Island sold to Abraham Perkins by Samuel Cogswell, it being a part of the farm his father had by lease of one thousand years from the town of Ipswich, bounded by Chebacco river on the northwest, John Cogswell's land on the northeast, from Wm. Tompsons corner, being a crotched maple tree marked on two sydes, and so running up to Gloster
t Autograph.
203
RECORDS AND FILES
1679]
Line, the next marked tree being an hemlock and three more white oakes, all marked with three notches on either syde on a strait lyne from tree to tree Gloster Lyne on the east as it is bounded in the grand lease common Lands at Ipswich toward the south, William Andrews land toward the west;" he was to pay to John Cogswell for the use of the school of Ipswich yearly 46s. 8d., in butter, cheese, beef, corn, etc. Wit: Wil- liam Goodhue, jr., and Phillip Fowler. Sworn, Feb. 28, 1677, before Daniell Denison. Recorded, Mar. 5, 1677, and copy made by Robert Lord,* recorder.
William (his mark) Story, sr., and Thomas Low* testified that they appraised the damage to the land, being rocky and swampy and not fit for corn nor cleared of anything but the timber, in timber that might have been used to make boards at 24li., and two pine trees for mainmasts, one for a ship and the other for a ketch, and nine pine trees more for masting, yards, bowsprits and windlasses for two vessels at 3li. 4s., seven great white oaks appraised at 1li. 8s., one tree for posts, 2s., three poplar trees, 6s., two maple trees at 5s. Damage by cutting down several thousand young trees for hoop poles which they found lying on the ground, the stumps of many of them about four feet high. The total damage was 31li. 5s. Sworn, June 21, 1679, before Daniel Denison .*
Daniel Denison's* order, dated Oct. 6, 1679, to Mr. Veren to deliver the original lease to Benjamin Marshal.
Isaac Foster, aged twenty-three years, deposed that Samuell Pepene told him that Benjamin Marshall intended to turn him out of the farm, etc. Sworn, June 21, 1679, before Daniel Denison .*
The four pine trees that William Thomson had of Pipin were not included in the appraisement.
John Cogswell,* on June 21, 1679, discharged Samuell Pipin of all damages on the land that was his brother, Samuell Cogswell's, by felling timber before June 1, 1677. Wit: Thomas Low* and William Goodhew .* Sworn, June 21, 1679, before Daniel Denison .* Owned, June 23, 1679, by John Cogswell before Daniel Denison .*
Robert Cross, jr., testified that Pepen told him that he would hire a man to cut all the timber on the farm on purpose to destroy it if it cost him ten pounds, for he was resolved to make a devil of Ben. Marshall before he had done with him. Sworn, Apr. 12, 1679, before Daniel Denison .*
Robert Cross, jr., testified that he heard Samuell Pepen give Ben. Marshall leave to cut timber when the latter was building his sloop. Also that Pepen sold deponent a canoe tree that grew upon the north side of a hill amongst ledges of rocks. Sworn, Apr. 12, 1679, before Daniel Denison .*
* Autograph.
204
SALEM QUARTERLY COURT
[June
Phillip Prance and Rachell, his wife v. William Lattamore. Slander. Verdict for plaintiff. Withdrawn.
John Choube testified that he went with Marshall to that part of the farm called the new pasture, etc. Sworn, May 23, 1679, before William Browne,* commissioner.
William Androws testified that he helped Pipin cut and carry away fifteen or sixteen thousand feet of boards, also staves which were made from the oak trees, etc. Sworn, June 21, 1679, before Daniel Denison .*
Samuell Pepon, aged about thirty-five years, deposed that, when Cogswell let him his land in 1673, he said that his bound between his land and Ipswich common, at the corner next Gloster line, was a pitch pine tree. Samuell Cogswell also said that when he sold Corporal Andrewes' land which is now William Andrews' they would not have the land laid out until they knew his bounds, and then in 1671 the selectmen came, ran the line and marked a pitch pine at the fresh meadow side. Samuell Cogswell also said that in 1672, men came and marked a maple tree, which he protested against as a bound tree. Sworn, June 19, 1678, before Daniel Denison. Copy made by Hilliard Veren .*
John Cogswell and William Goodhew, jr., testified that Story and Low showed them the trees felled from the head of Witreg's creek to the maple tree. Sworn, June 23, 1679, before Daniel Denison .*
John Burnum, jr., deposed that of the logs that Samuell Pippen brought to his father's sawmill, his father was to have half of the 4,000 feet which they made. Jeams Coalman helped draw some of the logs. Sworn, June 21, 1679, before Daniel Denison .*
Shoreborne Willson testified that Pepin sold him white oak timber enough to make 4,000 barrel staves and heading in Aug., 1677. Sworn, June 21, 1679, before Daniel Denison .*
William Story, sr., and Thomas Low, sr., deposed that they did not appraise any rail timber or cord wood, etc. Sworn, June 21, 1679, before Daniel Denison .*
Samuell Story testified that his father and Thomas Low, sr., appraised the damage, and he helped them, etc. Sworn, June 21, 1679, before Daniel Denison .*
William Thomson deposed. Sworn, June 21, 1679, before Daniel Denison .*
James Collman testified to helping Pipin, etc. Sworn, June 21, 1679, before Daniel Denison .*
William Thomsonn, aged thirty years, William Story, sr., and Thomas Low deposed. Sworn, June 21, 1679, before Daniel Denison.
* Autograph.
205
RECORDS AND FILES
1679]
Daniell Gott v. William Lake. Debt. Defendant died before the case was called .*
Andrew Woodberye v. Thomas Greshon. Withdrawn.t
Walter Fairefeild, attorney to Wm. Browne, sr., executor of the will of Samuell Smith v. Richd. Hutten. Verdict for defendant. Appealed to the next Court of Assistants. Said Fairefeild bound, with Tho. and Nathaniell Jacob as sureties.}
*Writ, dated 25 : 2 : 1679, signed by Hilliard Veren,§ for the town of Salem, and served by Ja. Poland,§ constable of Salem, by attachment of the orchard of defendant.
+Writ: Andrew Woodbery v. Thomas Greshon; for fradu- lently carrying away William Hiens out of the country after he was legally warned to the contrary, said Hiens being a servant to said Woodbery, and Greshon concealing him on board when he was being searched for; dated Mar. 27, 1679; signed by Ephraim Turner,§ for the town of Boston; and served by Joseph Webb,§ marshal of Suffolk, by attachment of the dwelling house of defendant.
¿Writ: Walter Fayerfield, attorney to Mr. William Browne, sr., executor of the will of Mr. Samuell Smith v. Richard Hutten; for mowing 3 acres of meadow and swamp that be- longed to said Smith, and on the west side of the river, a part of the land that was Jams Smith's, and using it as his own; dated 17 : 4 : 1679; signed by Hilliard Veren,§ for the town of Salem; and served by Charles Gott,§ deputy for Henry Skerry,§ marshal of Salem, by attachment of the houses and land of defendant on the north side of the country road.
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