USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 28
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"Mr William and Samuell Hillton These may informe you that I haue now sent m' Crose his sloope for his ladeing of boards I am now at the Iles of the Sholes & therfore haue not sent you the remainder of the pay that will be due, besyds what you owe me, therfore pray you lade him and send me a line or two what you would haue I have a speshall good barrell of porrke & corne wheat malt & Indian, and doe oblidge heerby to pay you the rest p the first opertunity in the River of Pas- cataqua wher you shall apoynt mee thus not feareing you will faile me but that you have kept the boards for me acording to your manifest promise I doe remaine your loveing freind to use Francis Wainwright. Star Iland 17 July 1678." Copy made by Robert Lord,t cleric.
"Mr Frances Wainwright these may informe you that on the 25 of July 1678, then John Lee & Steeven Crose were at my house with there vessell and demanded boards of me ¡ Autograph. # Autograph and seal.
262
IPSWICH QUARTERLY COURT
[Sept.
Ezekiell Woodward v. John Poland. Defamation. Ver- dict for plaintiff. The defendant was ordered to make ac- knowledgment .*
acording to this order but I have not any boards for to shipp on board for you and therefore I desire your patience & for- bearance a little longer, and doe hereby promise you that the first boards my mill cutts or any other mill where I can pro- cure them you shall have what is due from me to you, better I cannot doe pray do not take advantage agst me, and in soe forbearing you will oblige your freind & servant." William (his mark) Hilton. Wit: Richard Hillton and John Lee. Sworn in court.
Bond, dated Dec. 14, 1676, given by William (his mark) Hilton§ and Sam. Hilton,¿ both of Exeter, to Francis Wain- wright, for 20,000 feet of pine boards, part at a landing place in Exeter and part at Lampre river. Wit: John Wainwrightt and Samuell Plats .; Sworn in court.
*Writ: Eseckell Wooderd v. John Polland; defamation, for slandering him and his wife; dated June 20, 1679; signed by Robert Lord, t for the court; and served by Robert Lord, t marshal of Ipswich.
Robert Lord, aged about forty-seven years, deposed that Jon. Polland being at deponent's house this summer, he asked Polland how deponent's uncle Woodward and his new wife did. Polland answered that she had a poor bargain with him and she repented of it. Polland also "said that hir Brother knowlton sayd to me yt shee came To him slaubering & crying & sayd yt she was undonne by maring woodword: & That shee was very much Troubled That she had wronged me: yt is poland & That she was not able To see me but watterd hir plants at The meetting at the very sight of me & did grately bemone hurself That shee should offer so much wrong To polend & That I derst not goe To The meetting at wenhem for every Time she see mee she is nott able to bare it but is ready for To swound away." Sworn in court.
Richard Brabroke, aged about sixty-seven years, deposed that when Poland came into his house he said "I heard you have Lost your widow," and he replied that she ran after Eseckall Wooder at Wennam and he did not deserve her. Also, that all the widow Piper's friends wondered that she left said Poland, etc. Sworn in court.
Thomas Hobbs, aged about fifty-five years, deposed con- cerning what Poland told him about the widow Piper, etc. Sworn in court.
Benjamin Edmands and his sister Bethiah Knolton deposed
+ Autograph.
# Autograph and seal. § Seal.
263
RECORDS AND FILES
1679] -
Samuell Pearce v. Steephen Hascot. Breach of promise. Verdict for plaintiff .*
George White acknowledged judgment to Deacon Good- hue, in money, wheat, malt and pork.
John Poland made open confession in court that he had done wrong to the widow Piper, now the wife of Ezekiell Woodward, in speaking the words to which the witnesses testified, and was sorry for it, desiring the court and them to forgive him.
Nicolas Noyes, Anthony Morse, Thomas Browne, Robert
concerning what Poland told them at John Knolton's house relating to the widow Piper's actions. Sworn in court.
*Writ: Samuell Pearse v. Steephen Hascut; for not paying for fourteen days' demurrage of his ketch, himself and men at Dammaris Cove in June, 1674; dated Sept. 25, 1679; signed by Robert Lord,t for the court; and served by Henry Skerry, marshal of Salem, by attachment of house and land of defendant.
Samuell Pearce's bill of cost, 1li. 14s. 8d.
Steven Cooke, aged about thirty-two years, and Hugh Babell, aged about thirty-one years, deposed that vessels of 25 tons, manned by three men, were in this country generally let by the month for 15li. They had been owners and had let their vessels at that price. Sworn in court.
Agreement, dated May 7, 1674, between Stephen Haskottt and Sam. Pearce, that the latter was to fetch a freight or two of fish from Dambrell's Cove and Hippocris and Haskott was to put aboard 300 quintals of fish at each load, at 1s. per quintal for freight, to be paid in merchantable or refuse fish, according to the load; he agreed to load the ketch in five fish days and to unload her in two fair fish days, and to have the fish in the ketch when she comes to the stage head; what goods Hascut carried should be freight free; the fish was to be paid at each voyage's end at Salem; Pearce was to sail on May 11, wind and weather favorable. Wit: Roger Derbyt and Samuel Taylor.t Sworn to by Philip Fowler and Roger Derby in court.
Thomas Frasee, aged about thirty-three years, and Jno. Pearce, aged twenty-two years, deposed that they sailed on the ketch and they waited at Damerell's Cove the number of days as agreed upon, but the fish not being loaded, Hascut asked Pearce to wait and he would satisfy him for the extra time, and it was fourteen or fifteen days before they sailed into Salem. Sworn in court.
t Autograph.
264
IPSWICH QUARTERLY COURT
[Sept.
Coker, Jo. Poore, sr., Wm. Chandler, Wm. Ilsly, Henry Jaquis, Wm. Randall and William Pillsbury, all of Newbury, were discharged from ordinary training, each paying one bushel of Indian corn yearly.
Thomas Judkin had his license renewed for a year, also his license for liquors.
Merchant Wainwright had his license renewed for a year.
Deacon Goodhue had his license renewed for a year.
Daniell Clarke had his license renewed for a year.
Mr. Mighill Farley was licensed to sell liquors by the gallon or quart for a year.
Benidict Pulcipher and his wife, convicted of receiving stolen goods which were taken by his son John Pulsipher from Mr. Francis Wainwright's, were ordered to pay treble damages to Mr. Wainwright. John was to be severely whipped .*
*The examination and confession of John (his mark) Pulcifer, taken May 16, 1679, before Daniel Denison :; that he lived with Mr. Francis Wainwright the last winter and his father and mother told him that they wanted wheat which he might help them to, whereupon he carried to them about half a bushel of wheat which he took from Mr. Wainwright's cham- ber and delivered it to his father at his own house. His mother made a cake and gave him. Later he took a bushel of wheat and they asking him for pork, he took two large pieces five or six times, from his master's warehouse, and cut out a small hog, half a bushel of salt, two bundles of candles, about 5li. sugar at two times in a handkerchief, also three or four times he carried three or four hogsleaves at a time, all of which his father and mother received.
Examination of Benedict Pulcifer and Susanna, his wife, taken before Daniel Denison :; that Mr. Wainwright asked them to give their son good counsel not to take anything from him. She confessed that he had brought her goods and she was suspicious and wished to send them back to Mr. Wain- wright, but did not for fear of making trouble.
Mr. Wainwright was bound, May 16, 1679, to prosecute the complaint, and John Pulcifer and Francis Young were bound for said Pulcifer's appearance at the next Salem court.
Benedict Pulcifer and Samll. Moses were bound for the appearance of said Pulcifer and his wife at the next Salem court.
This action was referred to Ipswich court in Sept., on peti- tion of the parties concerned, and acknowledged, June 23, 1679, before Daniel Denison.t
+ Autograph.
265
RECORDS AND FILES
1679]
Phillip Parsons appearing, and no one accusing him, he was cleared.
Wm. Hodgkins, for excessive drinking, was fined.
Dinah Marshall, for fornication before marriage, was fined. Sarah Short, for fornication, was fined .*
Hannah Adams, for fornication, was ordered to be severely whipped, unless she pay a fine.
John Barry and his wife, for fornication before marriage, were fined.t
Phillip Fowler dying intestate, administration upon his estate was granted to his grandchild, Philip Fowler.
Whereas administration was formerly granted to Nath. Tredwell and Jo. Warner of the estate of Henry Bachelour, court now adds John Bachelour of Wenham to administer with them .¿
*Sarah Short and Joseph Mayhu were presented for forni- cation before marriage.
+His wife was Rebecca.
¿An account made by Nathaniell Tredwell,§ John Warner§ and John Batcheler§ of debts due from Henry Bacheller's -; Mistriss Mary Tredwell, estate: to Mister Tredwell, - ; Mistress Tredwel, 1li. 19s. 3d .; to Mistriss Tredwell, 9li. 7s .; to Thomas Tredwell, 1li .; to John Bachelder, 3li. 3s .; to Abraham Foster, 1li. 6s .; to Medcalfe, 6s .; to Cristofer Boules, 4s .; to Marthy Perey, 2s. 6d .; to Samuell Perly, 1s. 6d .; to Samuell Houlett, 2s. 3d .; to Gorge Hadly, 3s .; to Edward Werling, 6s. 6d .; to John Warner, 12s. 3d .; to Nathaniell Tredwell, 5li. 17s .;
o Marchant Waindright, 12s .; to William Smith, 7s .; to Mistress Willsonn, 3s .; total, 42li. 2s. 3d. To be deducted from the inventory: ten shep that died and were killed by wolves, 2li. 10s .; to swine lost, 15s .; lost 4 bushels of corn, 12s .; lost by meat, 12s .; total, 4li. 9s.
John Warner's§ account of what he had done for Henery Batcheler: for fouer jagges of hay in 1673, 2li .; received in part pay, 8s .; for carying bricks & clay for an oven, 4s .; for carying him a Load of bords from maning Neck and hellping him to halfe an hundred, 9s .; one Bushell of Indian corne in 75, 3s .; caring two Jagges of hay in 77 & 78, 6s .; total, 2li. 14s. For tending him in his sickness from Jan. 23 to Feb. 5, in which I made it a great Part of my imployment boath Night & day to tend him & get such things for him as hee desired: clothing at Decon Goodhew's, 3li. 1s. 3d .; blew
§ Autograph.
·
266
IPSWICH QUARTERLY COURT
[Sept.
Abell Pilsbury and his wife, for fornication before marriage, were ordered to be whipped unless they paid a fine.
In answer to a petition of James Burnam, court appointed Simon Stace, Thomas Lovell and Edward Bragg to make a division between said Burnam and Mr. Samuell Rogers of that island of upland and marsh which was sometime Edward Chapman's, that each man may know his own.
William Fanning, for very great offences, was ordered to be severely whipped or pay a fine.
John Baker, presented for great offences in threatening children and others that he would kill them, and other oppro- brious speeches and bad language, was committed to prison for one week, and was to remain until his fine of 4li. was paid. He was also bound to good behavior .*
Upon complaint of Simon Stace and Joseph Quilter against Frances Quilter, Thomas Lovell, Dorithy Woodman and Ann Pegy, court admonished and fined them.t
Linen, 2s .; one Handkercher, thread & macking cloath, 7s .; ten Pound of suger & too Pound of Buter, 6s. 6d .; halfe a Pound of hony & on quart of wine, 1s. 9d .; three gallons of beere & halfe a bushell of wheat, 4s. 6d .; halfe a bushell of ry, 2s .; total, 4li. 5s. 2d.
John Bachelour's account of what he had expended for Heneri Batcheler: too dais while he was seke, 4s .; one dai in preparing for his burial, 2s. 6d .; one dai spent about the prizing the estat, 2s .; makin her waskoat, 2s. 6d .; one dai bringing the shep to John Warner's, 2s .; one dai in bringing the corne to John Warner with mi horse, 3s .; one dai miself and son in bringin the shep, from John Warner's to mi house 4s. 9d .; half a dai in caring things to her at Mr. Tredwel's, 1s. 3d .; 3 dais and a half mi self and mi son to brin the catel awai, 10s. 9d .; too pounds of hopts, 1s. 6d .; too pound of buter, 1s .; thre pound of seuger, 1s. 5d .; one groat lost, 4d .; for keping ten shep 8 weks, 1li .; for keping a kowe 3 weks, 3s.
*Presented for speaking opprobrious words to Mrs. Mary Hubbard. Wit: Thomas Knowlton, jr., Lydia Burnum and Abigail Whiler.
Simon Stacet and Joseph Quiltert certified that Frances Quilter, relict of Marke Quilter, carried into the General Court at Boston last May a petition containing false state- ments by Thomas Lovell, sr., Dorothy Woodman and Ann Pegy.
# Autograph.
267
RECORDS AND FILES
1679]
Marke Quilter's inventory given into court by Joseph Quilter was 387li. 15s. 9d., according to Robert Lord,* cleric.
Copy of papers in an action tried in Ipswich court, Nov. 6, 1678, made by Robert Lord,* cleric:
Dorothy Woodman, aged forty-three years, deposed that being several times with her brother-in-law Marke Quilter in his sickness, both his wife and deponent wished him to make his will while he was able, but he would not. He was a dying man for three or four days before his decease, and that morning he called for his brother Joseph and said he wished to buy a bushel of apples. He also asked for Good- man Warner and Goodman Stace, and his wife asked him which of the Warners. He said he "could not tell, she sayd to him againe doe you not mistake yourself doe you not meane Goodman Lumocks that prayed wth you last night he sayd I I so Joseph and they were sent for and they Came and when Joseph came he bid him fetch his money and Joseph Asked him where is it Joseph went out in to the barne and when he came back Againe he told him he could not finde it he said to his Brother goe goe It is there where I told you you cannot misse of it for your life and Joseph said he found it and went away and Came no more to him, Goodman Lumocks & Good- man Stace were there while Joseph was looking for the money, and he declared to them how he would make his will and the morning after he dyed Goodman Lumocks came to my sister and I: and told us what his will was how that he had given his wife halfe the stock and halfe this yeares Crop and all the movveables and the house and land during hir life and hir portion to be at hir dispose and they asked him who should have the house and land after his wife's decease he told them he would leave it in their hands to dispose of it to those of his owne relations that they saw had most need of it then they Asked him what Joseph should have to pay the legaties with he said Joseph should have his chest and wearing Appar- rell and two or three bills that would be worth three score pounds that would be enough for Joseph and my sister said she wondered that he gave the child no more that he had brought up. Goodman Lumocks said Alass he was to faint & weake that they could not understand one word of many that he spake he could not utter his words and they were to come in the afternoone to finish his will. Goodman Lumocks said he was not sattisfied he thought he had not done enough for his wife and he thought to have talked with him againe about it but he died that day about noone before they came to finish the will." When the will was given in to court her sister understood that the chest, etc. were not mentioned to be given to Joseph and so claimed them for herself, where-
* Autograph.
268
IPSWICH QUARTERLY COURT
[Sept.
upon the Major advised her to settle with Joseph because it was a nuncupative will and it would be for her interest to do so. Sworn, May 22, 1679, before Jo. Woodbridge, com- missioner. Copy made by Edward Rawson,* secretary.
Thomas Lovell deposed that Quilter died on the second day of the week and was buried on the third; on the fourth day Joseph Quilter made the inventory, the fifth day Symon Stace wrote the will and proved it unbeknown to the widow; and Joseph was so hasty about it that Symon had hardly time to write it. Further that Quilter was so weak that he could hardly speak when they were called. After Quilter's death, Lumocks, Stace and Quilter went to her house with a bond and the widow and Joseph Quilter signed it. Deponent testified that the poor widow was much wronged by having them come upon her so suddenly, and by Joseph taking things into his own hands. Sworn, June 2, 1679, before Jo. Wood- bridge, commissioner. Copy made by Edw. Rawson,* sec- retary.
Ann Pegey deposed that she lived with Marke Quilter when he was sick, and Dr. Bennet was there and said he would not give him anything for he would be dead before the ebb of the next high water. After he died Lumocks, Stace and Joseph Quilter came and told the widow that they had the Major General, Capt. Apleton and Capt. Whipple on their side, and it would be folly for her to withstand them. The widow being so full of trouble and there being nobody there to give her advice signed a paper that she did not understand. Sworn, June 2, 1679, before Jo. Woodbridge, commissioner. Copy made by Edw. Rawson,* secretary.
Copy of Frances Quilter's petition, May 28, 1679, to the General Court, made by Robert Lord,* cleric.
Mary Shaffel, aged about forty-six years, deposed that she went to Marke Quilter's house the day he died about the time the foot company went into the field in the forenoon and tarried until he died which was about one hour before sunset. Joseph had gone to Mr. Rogers' but was with him when he died. Sworn, Sept. 25, 1679, before Daniel Denison .*
Simon Stace, aged about forty-two years, and Joseph Quilter, aged about thirty years, deposed. Sworn in court.
John Edwards, aged about fifty years, deposed that he was with Goodman Quilter the morning before he died, etc. Sworn, Sept. 24, 1679, before Daniel Denison .*
Thamar Quilter, aged about sixty-seven years, deposed that she was mother-in-law to said Marke and a short time before he married Frances Swan, he came home disappointed that he had not received more from her father in prospect of their marriage. So deponent went to said Swan to desire
* Autograph.
269
RECORDS AND FILES
16793
something of him for the young beginners. He answered that he had been advised to keep his estate in his own hands as long as he lived, and as they were young and lusty, they could work to get themselves necessaries. Deponent's son told her that he had to buy her convenient things to marry in, for her father refused to buy her anything. She was married in very mean clothes, and as an excuse for not giving her more, Swan said that Marke had already considerable to begin the world with. Sworn, Sept. 25, 1679, before Daniel Denison .*
Thomas Wilson, aged about forty-five years, deposed that he came to his sister Frances Quilter's house, and his sister asked him to go to the court and get Daniell Wicom, but when he reached there it was too late for the will was proved. Sworn, 2 : 8 : 1679, before Wm. Hathorne,* assistant.
Margaret Lambord, aged about forty years, deposed that Marke Quilter wintered a cow for her about nine or ten years ago, and going there to milk her, Goodman Quilter being away, she saw Goodwife Seathell and her children threshing out his corn. They carried away three or four bushels at a time in sacks, and someone was watching to see if he came home. Sworn, July 12, 1679, before Daniel Denison .*
Caleb Kimball, aged about forty years, deposed that dwell- ing next door to Marke Quilter, he saw Goodwife Quilter and some of the Scathwells beat out corn, burn the cobs, etc. It was well known to all who lived near Quilter that he provided well for his family and kept as good a house as most men, and he told deponent that he had but one cow with his wife for a marriage portion. Sworn in court.
John Browne, aged about forty-two years, deposed that he watched with Marke Quilter the night before he died and he seemed as rational as ever, etc. Sworn, Sept. 28, 1679, before Daniel Denison .*
Edward Lumis and Simon Stace deposed. Sworn, July 1, 1679, before Daniel Denison .*
John Wattson, aged about thirty-five years, deposed that the widow told him that her husband had given his brother Joseph money that was hidden in the thatch of the barn and the thatch of the house. Sworn in court.
Abigall Leeds, widow, aged thirty-five years, deposed that dwelling in the house of Marke Quilter a year in 1671 or 72, and being their next neighbor six years, she never saw them want for meal, malt or meat. Deponent had had meal and meat of her for work she did for her, several bushels of corn for spinning and for sugar and spice which her husband was not in- clined to buy. Sworn, July 12, 1679, before Daniel Denison .*
Philip Fowler, aged about thirty-two years, deposed that * Autograph.
270
IPSWICH QUARTERLY COURT
IŠsept.
Erasmus James had his license renewed for a year to sell out of doors.
There being a bond of 10li. of Henry Short's returned from Salem court for the appearance of Joseph Mayo at this court, and it being said that Mayo was at sea, court ordered that the bond be again returned to Salem court.
Reckoned with the Treasurer, Sept. 29, 1679, and the county is indebted 55li. 2s. 9d.
Given to the house, Ss.
Whereas John Wright, late of Nubury, deceased, died at sea intestate, and administration having been granted to Edward Bragg, who brought in an inventory of 40li., 20li. of which had been used to pay debts, and John Wright, son of deceased, now appearing, and demanding the estate, court ordered that said Bragg be discharged and said Wright be appointed adminis- trator.
he was in the court chamber when the will was proved, etc. Sworn, Sept. 25, 1679, before Daniel Denison.t
Samuel Smith, aged twenty-eight years, deposed that he had lived near Mark Quilter for twenty years, and they had as good living as in any house of their rank and the woman was always well clothed. Sworn in court.
Robert Lord, marshal, aged about forty-seven years, de- posed. Sworn, Sept. 25, 1679, before Daniel Denison.t
Goodwife Bosworth, aged about sixty years, deposed that she was present when Quilter died, etc. Sworn, Sept. 25, 1679, before Daniel Denison.t
Aron Pengre, aged about twenty-six years, deposed that he watched with Quilter, etc. Sworn, Sept. 24, 1679, before Daniel Denison.t
John Dane, sr., t aged sixty-six years, testified on June 4, 1679, that he was frequently at Quilter's house for twelve weeks curing his "shot leg." They had plenty of good food, beer and cider and deponent "lookt one him singler aboue many and thought because he had but a letle fameley he loued to spend it one thare carkises." Sworn, Sept. 25, 1679, before Daniel Denison.t
Nathaniell Chapman, aged about twenty-six years, deposed that he lived with Quilter four months, and he went to the door to see him, but deponent's mother met him at the door and told him that Quilter was dying. Sworn in court.
*Copy of inventoryt of John Wright's estate, made Jan. 2, 1673, by Robert Lord, t cleric.
t Autograph.
# Original on file in the Registry of Probate.
271
RECORDS AND FILES
1,679]
Record of administration of estate of John Wright of Newbury, 30 : 10 : 1658. Copy made Nov. 23, 1673, by Robert Lord,* cleric.
Edward Bragg* and Robert (his mark) Starkwether, both of Epswedg, acknowledged judgment, Apr. 7, 1674, to David Richards of Roxbry, of 14li. 14s., part in pork, to be delivered at the water side at Boston to William Park of Roxbry. Wit: William Parke,* Isaac Johnson* and Robert Pepper .* David (his mark) Richards' receipt to Robert Starkwether and Robert Pepper. William Park's* receipt, dated June 17, 1675, to John Writ of Boston on account of Edward Bradg.
Fines brought into court sitting at Ipswich, Sept. 30, 1679, by Jo. Woodbridge,* commissioner: Wm. Mora; Wm. Dam- ford, for drinking and striking; Mr. Wm. Longfellow, for fighting.
Petition of William Benit, Thomas West and Samuell Leach, selectmen of Manchester, Sept. 29, 1679, to Ipswich court: that Thomas Chick, with his wife and three children, had come into town to settle, "but wee findeing him to be in a poare condision not haueing wherewith to suply the present nesesity of himselfe and his family neither for food nor Raiment and therefore wee canot see but in al probabillity if the sd Chick shood setell in our town he will quickly be chargable to us and wee our selvs being unable to contribute to such a condision in regard of our own inabiliti and the smallnes of our town and acomadations wee therefore according to law for the prevention of such charge coming upon us haue in- deauered to remove the sd chick by giueing him due notic and leagall warning to remoue out of our town and other wise to provide for himselfe but the sd Chick haue refused to take any notic of such warning saying he will not troble himselfe to remoue out of the sd town." He had often affirmed that he had three acres of land at Netchuwauick or thereabouts besides some other considerable estate in his father-in-law's hands.
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