USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 23
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Samuell Worster deposed that Mr. Sewall told him that he bought Mr. Edward Carlton's right of Merrimack land of Mr. Jno. Carlton, Edward's son, etc. Elizabeth Worster testified to the same. Sworn, June 21, 1679, before Nath. Saltonstall,* assistant.
Edward Rawson, of Boston, aged about sixty-four years, testified that he formerly dwelt at Newbury and for twelve or thirteen years he was well acquainted with Mr. Henry Sewall, sr., who in his later years removed to Rowley where he died. Also Henry Sewall, jr., returning from England after his father's decease, called Henry Short of Newbury, his attorney, to account for the settlement of the estate. Their differences were referred to the final award of Major Tho. Savage, Mr. Richard Collucut and deponent, which was dated Sept. 13, 1659. Sworn at Boston, June 18, 1679, before Wm. Hathorne,* assistant, and Nath. Saltonstall,* assistant.
George White deposed that about Nov. 20, he was at Ezekiell Northen's house and helped measure two bushels of Indian corn which Longfellow left as pay for the laying out. Sworn before Daniel Denison. Robert Lord testified that he saw
* Autograph.
216
SALEM QUARTERLY COURT
[June
Hugh March, sr. v. William Hilton. Verdict for plaintiff, 10,650 feet of merchantable boards according to bill .*
the corn tendered on Nov. 25, 1678, to Jon. Pickard. Sworn in court. Copy made by Hilliard Veren,t cleric.
*Writ: Hugh March, sr. v. Mr. William Hilton and Mr. Sam. Hilton; for withholding 10,000 pine boards; dated May 28, 1679; signed by Jo. Woodbridge,t commissioner, and served by Henry Dow,t marshal of Norfolk, by attachment of the dwelling house and land of defendant.
Hugh March's bill of cost, 2li. 14s. 8d.
Copy of Salisbury court record of Apr. 8, 1679, in a similar action, made by Tho. Bradbury, t recorder.
Writ, for a similar action brought June 6, 1679, signed by John Gillman,t for the town of Exeter, and no return made.
Copy of a General Court order, signed by Increase Nowell, secretary, made at Dover, 20 : 11 : 1676, by William Pomfrett, t town clerk: "As for the other part of their peticon concerning freedome from being Impleaded in other Courts of this Juris- diction this Court doth declare that the said Inhabitants (even by theire owne agreement) are bound to the Genrall lawes & orders of this Jurisdiction in yt point as Salem & Ipswich are, nevertheless this Court being sencible of the great Burthen wch may fall upon ye Inhabitants of the said River, if they shall be forced (upon smale occacons) to travell to Boston or other Courts farre of, Itt is therefore ordered yt none of ye said Inhabitants shall bee compelled upon any Originall Procese out of the limits of Norfolke to answer in any civill accon for any Cause whereof the Originall debt, or dammage shall not truely Exceede one hundred Pounds nor shall any of the said Inhabitants haue liberty to call any person out of any other limmits to answer in any like accon in any Court to be holden in Norfolke under the said vallue, Prouided - alwayes yt if any person shalbee Attached to Answer &c in the Court of that Limmits where such person shall be At- tached."
Letter of attorney, dated June 20, 1679, given by William (his mark) Hiltonį and Sam. Hilton§, both of Pascadaq. to their brother-in-law Christopher Palmer of Hampton. Wit: Benjamin Palmert and Timothy Dalton .; Sworn, June 21, 1679, before Samll. Dalton, t commissioner,
Charles Hilton, aged about thirty-seven years, and Aughter Bennitt, aged about forty years, deposed that they, Ed. Hilton, Samuel Hilton and others pay rates for country and county to Dover and Portsmouth and have done so for many years past. Sworn, June 23, 1679, before Samll. Dalton,t commissioner.
+ Autograph. Į Seal. § Autograph and seal.
217
RECORDS AND FILES
1679]
Hugh March, sr. v. Georg Sweate. Verdict for plaintiff .*
Bond, dated Mar. 21, 1677-8, given by William (his mark) Hilton and Sam. Hilton,t both of Exeter on Piscattaq. to Hugh March, sr., of Newbery, for 10,000 feet of pine boards to be delivered at Lamprile river. Wit: Anthony Gooff and Mary (her mark) Levit. Acknowledged, Mar. 29, 1679, before John Gillman,t commissioner. Hugh Marcht affirmed the same in court.
Copy of a General Court record of 20 : 8 : 1658, made by Samuell Dalton, t commissioner: Ordered that the towns of Dover, Portsmouth and Yorke choose annually some meet persons to levy 17li. 10s. payable to the county treasurer, also for the arrears since the order was made, and that all the inhabitants to the eastward of Hampton bounds with Mr. Hilton's plantation (Exeter excepted) shall be accounted within this county, and for the county of Yorke to take in all the inhabitants (except those of Scarboro and Falmouth) who are hereby enjoined to contribute to the payment thereof. Samuell Dalton,t associate, also testified that either Edward or William Hilton or both being chosen to serve on the jury in Norfolke and not appearing were summoned to the next court of that county to give their answer, and upon producing the foregoing order, they were discharged.
*Writ, dated June 5, 1679, signed by Jo. Woodbridge, t commissioner, and served by Henry Dow,t marshal of Nor- folk.
Gorg Sweett's bill of cost, 3li. 13s. 2d.
/ Letter of attorney, dated June 20, 1679, from George Sweettį of Exeter to Mr. Christopher Palmer of Hampton. Wit: Benjamin Palmert and John Wedgwood.t Acknowledged, June 23, 1679, before Samuel Dalton,t commissioner.
Hugh March, jr., testified that Goarg Sweet, sometime of Exeter, often came to his father's house and called for victuals, drink and horse meat, and it was charged on the book. Sworn, June 23, 1679, before Jo. Woodbridge,t commissioner. John March testified that Sweet had often had quarters in his father's house and never knew that he paid. Sworn, June 23, 1679, before Nath. Saltonstall, f assistant.
Hugh March's bill of cost, 2li. 8d.
Robertt Sinnott, aged about fifty years, and John Wedg- wood, aged about thirty-nine years, deposed that in the spring of 1678 Hugh March came to Exeter to the house of said Sinnott and accounted with Wedgwood for expenses at March's house. Wedgwood asked how much Sweet's account was and, looking at his books, he replied 7s. Then he asked March t Autograph. # Autograph and seal.
218
SALEM QUARTERLY COURT
[June
John Procter v. Joseph Procter and Benjamin Procter. Verdict for defendants .*
John Poland v. Thomas Patch. Defendant allowed costs. t
Nathaniell Jacobs, executor of the will of Richard Jacob, deceased v. Ephraim Fellowes, Joseph Fellowes and Samuell Fellowes, administrators of the estate of their father William
how it was that his was so much and Sweet's so little and March replied "when Company comes to my House I will take whome I please for paymaster." Sworn, June 23, 1679, before Samll. Dalton,¿ commissioner.
*Writ, dated June 19, 1679, signed by Robert Lord,¿ for the town of Ipswich, and served by Robert Lord,¿ marshal of Ipswich, by attachment of the house of defendants.
Joseph Procter's bill of cost, 2li. 13s. 10d.
Henery Benet, John Androse and John Putnam testified that six years ago they were asked to divide a farm of John, Joseph and Benjamen Procter, and after they divided the land, the stock of cattle were to be divided by Joseph and Benjamen paying 50li. to their brother John Procter. They then tendered him the money but he refused it saying that he would come again within a month. Sworn in court.
Thomas Varny, aged about forty years, testified that he was at the house which was formerly his father Procter's, and heard Joseph say to John that he might as well stay and take his share of the fifty pounds. He was then going away and seemed to be angry. Sworn in court.
Robert Lord, marshal, aged about forty-seven years, de- posed that John told him that his brother Joseph had tendered cattle at his own house, "but I was not such a fooll as To Take Them There: but would make Them bring The Pay To my hous." Sworn in court.
John Procter,¿ Joseph Procktert and Benjamen Prockterį on Mar. 27, 1673, agreed upon Henery Beenate and John Putnam to divide the estate of their father left them by will. Wit: Nathanell Putnamį and Henry (his mark) Earle. The return of the division, dated Mar. 23, 1673, made by John Putnam,# John Andrewest and Henry Benet.# Owned in court.
Receipt of John Proctert of Salem to his brother Benjamin Procter of Ipswich, dated June 1, 1678, for 25li. of the bill of 50li. due from Benjamin and Joseph. Wit: Richard (his mark) Hutton and Richard Croade.į Owned in court.
"John Poland's bill of cost, 2li. 5s. 6d.
Thomas Patch's bill of cost, 2li. 6s.
# Autograph.
219
RECORDS AND FILES
1679]
Fellows, deceased, and Isack Fellowes for himself. Verdict for plaintiff .*
*Writ, dated June 19, 1679, for molesting Jacobs in the improvement of a parcel of land, which was a corner of Cor- porall John Andrewes farm and sold by him to Richard Jacob, it being confirmed to said Jacob by William Fellows, signed by Robert Lord, t for the town of Ipswich, and served by Robert Lord,j marshal.
Copy of papers in a similar action brought in Ipswich court, Sept., 1678.
Nathaniel Jacob's bills of cost, 2li. 5s. 1d. and 5li. 5s. 6d.
Thomas Jacob, aged about thirty-nine years, deposed that about twenty-five years ago after his father Richard Jacob had bought that corner of John Andrewes' farm, which was bounded by the mile river on the west, by the upland called Walker's swamp on the south, and by the land that is now the Fellowes on the north, he helped fence it in. Also that the fence is now in the same place, except about seven or eight rods "that is downe by bridg that did stand about one Rode one the north sid of the coosway." Sworn in court.
Account of damage to Nathaniell Jacob: cost at court, 2li. 5s. 1d .; cost of appeal, 2li. 18s .; taken by execution, 5li .; his land lying to the common where he was forced to keep thirty head of cattle and fifty sheep where he could find pasture for them, 3li .; digging a ditch through his land about twenty rods and four feet wide, digging up his highway, 2li .; by Samll. Ayers, 3li. 2s .; total, 18li. 5s. 1d., besides trouble and vexation he had been put to.
Thomas Jacob, aged about thirty-eight years, and Joseph Jacob, aged about twenty-two or three years, deposed that Nathll. Jacob was damaged three pounds, etc. Sworn in court.
William Knowlton, aged about thirty-six years, testified that he lived with Sargent Richard Jacob about fifteen years ago, etc. Sworn in court.
John Browne and Isarell Huniwell testified that they heard Thomas Jacob say that his brother Nathaniel Jacob had found a deed of the land, but that it was not acknowledged before a magistrate. Sworn in court.
Thomas Jacob, aged about thirty-eight years, deposed that his father Richard Jacob delivered a cow and Fellowes agreed to confirm the title, which he did by a writing dated 1665. Sworn in court.
John Halet testified, June 26, 1679, that his father-in-law Mr. Richard Jacob of Ipswich, in some discourse about the advantages of his farm, signified that he had a highway by the
+ Autograph.
220
SALEM QUARTERLY COURT
[June
bridge that was eastward of the house through to the common, and they spoke of it as about an acre and that it cost him 20li. Deponent asked how land in those times should be so dear at Ipswich, and he said that advantage was taken of his necessity. Also, when Richard Jacob, his brother-in-law, lived upon that farm, old Goodman Ephraim Fellows walking with deponent toward the bridge said he was troubled that Richard did not keep the bridge in better repair, etc.
Isack Fellows testified that he let to Samuell Ayres his part of the farm for 4li. per year. Sworn, July 20, 1678, before Samuell Symonds,* Dep. Gov.
Ephraim Fellows and Joseph Fellows testified the same. Sworn before Samuell Symonds,* Dep. Gov.
Thomas Jacob, aged about thirty-eight years, and Thomas Knowlton, aged about thirty-eight years, and Simon Willard, aged about twenty-nine years, deposed that they saw the deed of William Fellowes in Nathll. Jacob's hand, and clerk Lord was one of the witnesses. It was acknowledged before Mr. Samuell Simonds. Sworn, June 23, 1679, before Daniel Denison .*
Joseph Fellows and Nathaniell Healy deposed that Joseph Jacob came to them and they told him that they heard that his brother Nathaniell Jacob had found a deed of the land, and he said he found it himself when he was looking for another writing which was a draft of a farm of the Jacobs', part of which farm they sold to Goodman Potter. He found it sticking up between the "sumer and the end of a gyes" in Nathaniel's house. Thomas Knowlton said that one snowy day Nathaniel made the search and there were some old papers that Goodman Jacobs used to write at meeting that lay some- where in a barrel behind the chimney and among these they found the deed. Sworn, June 29, 1679, before Daniel Deni- son .*
Walter Fayerfield, aged about forty-eight years, and Thomas Knowlten, aged thirty-eight years, deposed that they searched for the maple tree mentioned in the writing, Feb. 1, 1665, and they found it felled with the mark upon it. Sworn in court.
John Choat, aged about fifty-two years, testified that the fence stood as it did when he hired the farm of Corporal John Andras above twenty years ago. Sworn, June 19, 1679, before Daniel Denison .*
Robert Lord, aged about seventy-six years, testified that he wrote the deed dated Feb. 1, 1665, etc. Sworn, May 26, 1679, before Daniel Denison .*
Simon Willard and Barnod Thorn appraised the damage Nathll. Jacob sustained for want of the way to the common at
* Autograph.
221
RECORDS AND FILES
1679]
Michaell Chapleman v. Joshua Ward, commander of the pink called the John and Elizabeth of Salem. Verdict for plaintiff .*
Andrew Pittamee, attorney to Job, heir of old Will of the Falls v. Mr. Henry Sewall. Withdrawn.
Samuell Cobbitt and Joseph Roads were sworn constables of Lin.
Mr. John Woodbridg and Mr. William Browne were sworn associates for this county for the ensuing year.
3li. for the year. Sworn, June 23, 1679, by Willard before Daniel Denison, t and by Thorn in court.
*Writ: Michaell Chapleman v. Joshua Ward, commander of the pink called the John and Elizabeth of Salem; debt, for sailing with him on the late voyage to Bilbor about seven months' time; dated 18 : 4 : 1679; signed by Hilliard Veren, t for the town of Salem; and served by Ja. Poland,t constable of Salem by attachment of house and land of defendant.
Miall Chapleman's bill of cost, 1li. 6s.
Peter Baulding, aged about twenty-nine years, testified that understanding that Chapleman had more fish on board than was his privilege, the latter refused to give the weight. When they arrived at Bilboa, deponent weighed it and there were about fifteen and a quarter quintals in Bilboa weight, besides three couple of fish which he gave away. Sworn in court.
Richard Ball, aged about twenty-six years, testified that the master demanded his freight due from Chapelman besides his privilege, etc. Sworn, 21 : 4 : 1679, before Edmund Bat- ter,t commissioner in Salem.
Joshua Ward, master, and agent for the owners, submitted the following account: Miell Caplman shipped on board for 35s. per month in money to be paid when they arrived home, beginning Oct. 10, 1678, and returned May 15, 1679, his wages being 12li. 11s. 2 1-2d., and 1 hh. freight; paid since I came home in money, 4li .; to money due in Billboa for freight 7 peses of eight with advantage, and 8 peses of eight for duneg which is part of forty peses of eight.
Letter of attorney, dated June 21, 1679, given by Michaell (his mark) Chaplemanį of Salem, fisherman, to Mr. Edmond Bridges. Wit: Nathaniell Sharpet and Francis Neal .; Ack- nowledged, 21 : 4 : 1679, before Wm. Hathorne,f assistant.
Edmond Bridges testified that Ward said that Chapleman was the first man he shipped, etc. Peter Baldin testified. Sworn in court.
+ Autograph.
# Seal.
222
SALEM QUARTERLY COURT
[June
Mathew Nixon acknowledged judgment to Mr. John Crom- well.
John Pickworth acknowledged judgment to Samuell Mor- gan .*
Isaack Elwell acknowledged judgment to Mr. Jonathan Wade, to be paid in fish.t
Will. Dodg, tertius, acknowledged judgment to Mr. Ed. Batter, to be paid in fish.
William Benett of Manchester had his former license re- newed until the next November court.
Edmond Bridges, being fined by the commissioners 30s., half was allowed him for prosecuting the law against Joseph and Bethia Gatchell and the other half was respitted.
John Kelly was appointed administrator of the estate of John Whitteere, deceased, and was ordered to bring in an inventory to the next Ipswich court.
Capt. Richard Walker, Capt. Tho. Marshall and Mr. Thomas Laighton, chosen to end small causes for Lin, were sworn.
Theophilus Baily had his license renewed until the next Salem court.
Frances Skerry was freed from common training, paying one bushel of Indian corn yearly to the use of the company. Court afterwards being informed that he had been a pensioner for 6s. per annum for several years past, declared that he was to still continue a pensioner.
At Ipswich court, Apr. 1, 1679, Dea. William Goodhue v.
*Bond, dated May 3, 1679, given by Joseph (his mark) Pickeworth to Samuell Morgan, for 4li. in fish. Wit: Eleazar Inguls§ and Phillip Parson.§
+Writ: Mr. Jonathan Wade v. Isaack Elwell; debt; dated June 3, 1679; signed by Robert Lord,§ for the town of Ips- wich; and served by Robert Lord,§ marshal of Ipswich. Bond of John (his mark) Kettell for Elwell's appearance.
¿Approbation of the selectmen of Lynn, dated 6 :4 :167 9 said Bayley having kept a house with good entertainment for strangers, signed by Thomas Laughton,§ Thomas Marshall,§ John Fuller, § Ralph King, § William Bassett,§ Mathew Far- ington§ and John Burrall.§
§ Autograph.
223
RECORDS AND FILES
1679]
Samuell Bishop. Debt. Verdict for plaintiff. John Gittings and William Goodhue bound .*
At Ipswich court, 1 : 2 : 1679, the jury returned a verdict for Abell Langly, as plaintiff, in an action of debt brought against Samuell Bishop, for forfeiture of a bond. This court moderated the bond, to be paid half in wheat and half in barley. John Acey and Daniell Wicom bound. Copy from Ipswich records, made by Hilliard Veren.
Nathaniell Ingerson had his former license renewed.
Mr. William Longfellow, complaining of Mr. Nehemiah Jewett for violently seizing his money under pretence of executing his office as marshal's deputy, court ordered that said Jewett return the money and pay all costs.t
*Copy of the records and files in this action taken from the Ipswich court, Apr. 1, 1679, by Robert Lord,¿ cleric.
tWarrant, dated June 17, 1679, for Nehemiah Jewett's appearance, signed by Daniel Denison,¿ and served by Theoph- ilus Wilson,¿ constable of Ipswich, who left the summons with Jewett's wife.
Anthony Ashby, John Acie and Henry Williams, all aged about forty years, testified that they being at Goodman Hazen's about the latter end of April when the attachment was served, etc. Sworn in court.
Willm. Longfellow's# complaint: that such oppression under color of law was an ill precedent, which if allowed "the inocent subjects may be injuriously troden under foot, at the pleasueres of unjust officeres."
Daniell Wicam testified that he was in company with Ezekiel Northend, John Pickard, Nehemiah Jewett and others when Henry Williams served the execution upon nine gates, and being at the ordinary in a room near where they were, he heard a great talking. When he went into the room, Jewett had his hand upon some money which lay upon the table which he said he had attached belonging to Mr. Longfellow. The latter said it was his brother Moses Gerrishes money. "Then I sayd to Neh. Jewett If you haue atached the mony & it bee Mr Longfellows I suppose you know how to come by it. Then Moses Geerish Layd downe the Remaynder of the mony which he had in his hatt, upon the Table & Ne- hemiah Jewett took it up." Sworn in court.
Willm. Longfellow's bill of cost, 2li. 16s. 2d.
Ezekiell Northend and Jno. Pickard testified concerning what occurred at the ordinary. Sworn in court.
į Autograph.
224
SALEM QUARTERLY COURT
[June
Richard Reefe had his license renewed to retail strongwater out of doors, only to his own fishermen.
Joseph Gatchell, for breaking prison and making his escape, was sentenced to pay a fine, to be imprisoned for one week and to continue thereafter until the fine be paid.
In answer to a petition of the selectmen of Newberye, court ordered that it be referred to Capt. Danll. Pearce and Hen. Jaquis of Newbery. If they agreed on good terms with any persons who would build a bridge over the river they should have the profits of it for ten years according to former allow- ance provided they fully completed the agreement within one week after the end of this court. In case they could find no one to build it, the bridge was to be demolished .*
Mr. George Keaser was appointed administrator of the estate of John Gillow, and guardian of Robert and Sarra, children of said Gillow.
Hugh March was dismissed from common training, paying 5s. per annum to the use of the company of Newbery.
Thomas Cromwell, Tho. Rix, Elias Mason and Wm. Smith were dismissed from common training, paying 3s. each to the use of the company in Salem belonging to Capt. Price. Other- wise to attend the company on public days of training upon what service they were capable of, not being enjoined to attend in their arms.
Mr. Phillip Parsons was licensed to sell rum out of doors by retail by the gallon for the year ensuing.
John Petherick had his former license renewed for the ensuing year.
Moses Geerish, aged about twenty-three years, deposed that he went with Longfellow to Rowley, etc., and he and Mr. Philip Nelson were sureties for him. The deputy mar- shal of Boston called Longfellow into another room to pay him the money for his court charges, which deponent had taken for him when Jewett attached it and took it away. Sworn, June 20, 1679, before Jo. Woodbridge, t commissioner.
*Petition of the selectmen of Newberry, Anthony Somerby,t Henry Jaques,t Peter Cheneyt and Francis Browne:t that they could not find any convenient way to build a new bridge over the river and the present bridge being dangerous, they asked the court to take the matter up in order that the town might not be liable.
Autograph.
225
RECORDS AND FILES
1679]
Henry Ball dying intestate, Samuell Aborne was appointed administrator of the estate and was ordered to bring in an inventory* to the next Salem court.
George Darlin had his license renewed until Salem court.
Whereas there was, at a former court in Salem, ordered out of the estate of Cristopher Codner, deceased, to his two children 60li. to be paid unto them when they come of age and the house and ground being bound for security of the children's portions, the daughter being of age some time since having received her part, 20li., and now the son being also of age and none appearing to pay his part which is 40li., court ordered Mr. John Devorix and Mr. Richard Knot, as feeofees in trust, and upon the request and desire of the mother and the said son, to enter upon and take possession of said house and ground, sell or dispose of it to raise the amount due to the son Christopher.
Ann Devorix and Mary Downing testified upon oath that Christopher, son of Christopher Codner, deceased, was twenty- one years old the latter end of September last past.
On June 17, 1679, Mr. Wm. Symonds dying intestate, the Hon. Gov. Simond Bradstreet, Esq., Maj. Wm. Hathorne, the clerk being present, administration upon the estate was granted to Mrs. Mary Symonds, relict of said Wm., and Mr. Jonathan Wade, who were ordered to bring in an inventory to the next Ipswich court. Copy made by Hilliard Veren.
Danill Epps and Jon. Emerson, pastor of the church of Gloster, on June 16, 1679, "having waited in expectation of an oppertunity of conferring with such as possible might con- cerne themselues about our beloved sister Symonds widdow & relict of our brother, Mr. Wm. Symonds, deceased, but there being nothing at all Intimated or proposed, Doe there-
*Henery Ball, who deceased May 15, 1678, was indebted to Samll. Aburne as follows: lent him 40s. in money to pay his passage from Newfoundland, 2li .; paid for him to the Doctor, 3li .; for the charges of his dyet and tendance in the tyme of his sicknes which was 7 months & for damage done to cloath- inge and beddinge, 10li .; total, 15li. There being some clothing sent to said Ball by Mr. Rosse, master of the Apsun ketch and 5li. coming by way of the Barbados, said Aburne asked power to recover his just debt, if there be so much of the said Henery's estate in the country.
226
SALEM QUARTERLY COURT
[June
fore in ye behalfe of our selues, & the rest of our relations con- cerned, lay claime to: & before these witnesses, doe take possession of the houses & lands, chattells & goods, that were the proper estate of Sam11. Simonds Esqr late deputy Governor of the Massechusetts, in new England, deceased, And doe heareby declare that there is noe Intention heareby to depriue our honrd mother of what is bequeathed in the will to her in any measure nor our sister Simonds of her just proportion." Wit: James Chute and Richard Brier.
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