USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 35
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Abigal White, aged about seventy-four years, deposed. Sworu, 2 :1 : 1679-80.
Josip Gray testified. Sworn, Feb. 27, 1679-80, before William Browne,* commissioner.
Robert Gray, aged about twenty-two years, testified that the winter that Mr. Nicholett was at the great meeting at Lin, deponent's father-in-law Manning took out of the woods or south field a mare and docked and shod her. She was branded with the letters W L. Sworn, Feb. 24, 1679-80, before Bartho. Gedney,* commissioner.
John Bullock, aged about twenty-five years, testified that about five years ago he saw a sorrel mare in Capt. Manning's sled, branded with an S and W L. In the spring of that year, sitting in his father's house, he saw the same mare go into the woods looking very poor and lean, the hair off her sides, etc. About a month later he saw the same mare dead in the south field near Giggels' spring. Coming that way again when the flesh of that mare was eaten off the bones, he perceived that she was shod with iron shoes, which he took off the hoofs. Sworn, Feb. 26, 1679-80, before Bartho. Gidney,* commissioner.
Abigail White testified that she gave Wm. Lord, jr., a sorrel mare about eight or nine years ago. Sworn, 26 : 12 : 1679-80, before Edm. Batter,* commissioner in Salem.
Jane Lord, sr., aged about fifty-six years, deposed that John Bulock several times came to her dwelling house and asked her and her husband why they did not take a course with Manning about their son William's mare. Bulock further said that his uncle Thomas Flint could depose the same as he, etc. Sworn, Mar. 1, 1679-80, before Bartho. Gedny,* commissioner.
Joseph Grey testified. Sworn, Mar. 1, 1679-80, before B. Gidney,* com- missioner.
William Lord, sr., aged about sixty years, testified that John Bulock, etc. Sworn, Mar. 1, 1679-80, before Bartho. Gedney,* commissioner.
* Autograph. t Autograph and seal.
331
RECORDS AND FILES
1679]
Samull Princ testified. Sworn, Feb. 27, 1679-80, before William Browne,* commissioner.
John Bulock testified. Sworn, Feb. 27, 1679-80, before William Browne,* commissioner.
Mathew Woodwell, aged about fifty years, testified that he took the skin off the dead mare. He had seen Robert Gray, servant of Nicholas Manning, drawing with that mare in their team, etc. Sworn, Feb. 26, 1679-80, before Bartho. Gedney,* commissioner.
Samull Beadil testified. Sworn, Feb. 27, 1679-80, before William Browne,* commissioner.
Nicholas Manning testified. Sworn Feb. 27, 1679-SO, before William Browne,* commissioner.
Writ: William Lord, sr. v. Thomas Male; debt, for a parcel of dung; dated 13 : 12 : 1679-80; signed by Hilliard Veren,* for the court and the town of Salem; and served by Henry Skerry,* marshal of Salem, by attach- ment of three cards of ribbon and one card of laces.
Bill of cost of William Lord, sr., 12s.
Joseph Lord, aged about eighteen years, testified that his master Joshua Bufum was dealing with Thomas Maule and the latter told him that when John Kitching who bought the dung paid him, he would pay Lord. Buffum said, "if thee Dids Ingage for the payment then thee shulde pay Wm. Lord for it." Sworn, 2 : 1 : 1679-80.
Henry Skerry, marshal, aged above seventy years, testified. Sworn, 2 : 1 : 1679-80.
Joshua Bufum, aged about forty-three years, deposed. Affirmed, 2 : 1 : 1679-80, in court.
Warrant, dated 1 : 1 : 1679-80, for the appearance of Samuell Princ, upon complaint of Joseph Gatchel, for lying, signed by Ed. Batter,* commissioner in Salem, and served by Nehemiah Willoughby,* constable.
William Lord* and Wm. Godsoe* testified that on Feb. 27, 1679-80, they summoned Samuel Princ as a witness, but he said he could do them no good and went only as far as Mr. Veren's house. He then made his escape saying that he was summoned also for Capt. Manning in the same case and he would not leave his master's business, being summoned by him first. Sworn, 2 :1 :1679-80.
Jno. Meritt, aged about thirty-five years, deposed that they saw the con- stable of Marblehead serve a warrant on Thomas Baker, who spoke reproach- fully against the authority of the country, saying he did not care for all the laws in the country. When told that he might be brought before Major Hawthorne tomorrow, he said he would not be tried by that white hat, limp- ing rogue, etc. Sworn, Mar. 16, 1678, before Bartho. Gedney,* commissioner.
William Wood and Edward Dimond, constables, testified to the same. Sworn before Bartho. Gedny,* commissioner.
John Rowden, aged seventy-two years, Mary Rowden, aged sixty years, and Daniel Poole, aged twenty-four years, deposed that upon Dec. 25, last, about nine of the clock at night, Joseph Foster, Benjamin Fuller, Samll. Braybrooke and Joseph Flint came into Rowden's house and sat down by the fire. Then Joseph Foster and Benjamin Fuller began to sing and when they had sung two songs, Braybrooke said "how do you like this, father: is not this worth a cup of perry?" . Rowden answered, "I do not like it so wel, pray be gone." Then Ben. Fuller said it was Christmas day at night and they came to be merry and to drink perry which was not to be had any- where else but here, and perry they would have before they went. Rowden told them they should have none there. Joseph Foster said he came from the town and had no money; then he spoke to Braybrooke, "cal for your pot and mine and I will pay you agayne." Mary Rowden answered, "we keep no ordinary to cal for pots." Then they went away and in about a quarter of an hour, Foster, Braybrooke and Flint came again, and Foster said now he had borrowed money and would have the perry. Deponent
* Autograph.
332
IPSWICH QUARTERLY COURT
[Mar.
COURT HELD AT IPSWICH, MAR. 30, 1680.
Judges: Maj. Gen. Denison, Major Wm. Hathorn, Capt. Nathll. Saltonstall, Mr. Jo. Woodbridge and Mr. William Browne.
Jury of trials: Mr. Daniell Epps, Corpl. Jo. Whipple, Nicolas Wallis, Joseph Goodhue, Samuell Hart, Joseph Browne, Mr. Tho. Noyse, George March, John Dresser, Jo. Stickny, Ens. Wm. Buswell and Daniell Lad.
Grand jury: Deacon Moses Pengry, Edward Lomas, Joseph Fellows, Daniell Hovey, sr., John Safford, Lift. Woodman, Henry Jaquis, Daniell Chenye, Abraham Redington, John Palmer, Tho. Lombor, Samuell Martin, Abraham Haseltine, Samuell Fellows, Serg. John Johnson, John Redington and William Barnes.
Mr. Davison and Lift. Ossgood were fined for not appear- ing to serve on the jury of trials.
thinking they were trying to cheat him asked to see the money, as did Mary. Foster snatched it out of Braybrooke's hand to show her and it was nothing but a piece of lead. Then they put them out of doors. When about two or three rods from the house they began to hello and Brayebrooke asked Daniel Poole the way to Marblehead, and Poole told him he had better be at home with his wife. Braybrooke asked him if he wanted to fight, if so to come out, and Flint said if he wanted to box, he would box with him for a pot of perry. Then they threw stones, bones and other things at Poole in the doorway and against the house. They beat down much of the daub- ing in several places and continued to throw stones for an hour and a half with little intermission. They also broke down about a pole and a half of fence, being stone wall, and a cellar, without the house, distant about four or five rods, was broken open through the door, and five or six pecks of apples were stolen. Sworn, Mar. 2, 1679-80.
Ensign Nathaniel Felton and Anthony Buxton, being witnesses of the de- struction next morning, deposed the same. On 25 : 12 : 1679, all parties concerned were summoned, also Edward Beachum, John Felton, John Tomp- kins, jr., and John Loomes as witnesses, by James Symonds,* constable. Also on 1 :1 : 1679-80, Ensign Felton, Daniell Poole and Anthony Buxton were summoned by James Symonds,* by order of Ed. Batter,* com- missioner.
Writ: Elizabeth Lord v. John Pudney; debt; for tallow, and beef suet sold his wife; dated 13 :12 : 1679-SO; signed by Hilliard Veren,* for the court; and served by Henry Skerry,* marshal of Salem.
Summons, dated 26 : 12 : 1679, to Leift. John Pickering, John Horne and Thomas Stacey, tythingmen, signed by Hilliard Veren,* cleric, and served by Nehemiah Willoughby,* constable of Salem.
Warrant for appearance of Mary, wife of Thomas Mould, for striking Joseph Getchell, signed by Ed. Batter,* commissioner. She refused to go.
Samuell Brabrock's* petition, 3: 12 : 1679: that he had sinned against God and broken the laws of the country and was sorry. It was the first time he had so transgressed.
Autograph,
333
RECORDS AND FILES
1680]
Mr. John Gifford v. Mr. Tho. Walter and Mr. Richard Middlecut. Nonsuited.
Dr. Richard Knott v. Wm. Jarmin. Verdict for defendant .*
Erasmus James v. Richard Knot. Replevin. Verdict for plaintiff.t
*Writ: Mr. Richard Knott v. William Jerman; debt; for seven months' diet; dated 22:10: 1679; signed by Hilliard Veren,į for the court and clerk for the town of Salem; and served by Tho. Hawkins,¿ constable of Marblehead, who delivered said Jerman to Benjamin Felton, the prison keeper at Salem.
¡Copy of Thomas Hawkins' order to Benjamin Felton, prison keeper, agreeing to pay 2s. 6d. per week for William Jerman. Copy sworn to by said Felton, 29 : 1 : 1680, before Ed. Batter.#
Writ of replevin, dated 13 : 12 : 1679-80, for William Jer- man, servant of Erasmuss James, distrained by Richard Knot, signed by Hilliard Veren,# for the court and town of Salem, and served by Henry Skerry,# marshal of Salem, who delivered said Jerman to James.
Hilliard Veren, sr., and Mr. Jno. Hathorne, Jan. 3, 1679-80, certified that whereas Erassmus James had, from the Wor- shipfull Major William Hathorn, three executions against William Jerman, they chose said Veren and Hathorne to appraise Jerman as a servant to James, which they did at 7li. for two years, unless Jerman pay the money before that time is out. Sworn to, 19 : 1 : 1679, before Edm. Batter,} commissioner in Salem.
Three executions against William Jerman issued by Major Hathorne and served by Henry Skerry .¿
Petition of William (his mark) Jerman: "This Poore man William Jerman being a fisherman and not learned nor edicated in Reeding or writing Came to this Country and was implyed about fishing at Marblehead and meeting with bad voyages Run himselfe into Mr. Brown his debt, and after bad voyages was in a likely way to make a good voyage whereby he might a paid his debt but was then taken ofe by being pressed a souldier in the Cuntrey sarvis, but when he Com back againe Docter Knott Implyed him in fishing and so he fel somthing into debt, and when Docter Knott did perceue that the sd Jerman was Trubled about his debt due to Mr Browne he Came to the hows where Jerman kept and made it his Imply one Lords day in the forenoone to entice the sd Jerman to owne a Judgment of tenn pounds to him and he said he would secure him from mr Browne, but when Jerman was delivered
# Autograph.
334
IPSWICH QUARTERLY COURT
[Mar.
to Knott by Execution the sd Knott sould him to on Bartlett the sd bartlet Receaued full sattisfaction of the said Jerman for the said Execution but he had nott so much skill as to get in the Execution, after this Docter Knott Imployed the said Jerman about fishing againe and said that the said Jerman was in his debt about the voyage this poore Peticioner had no true account of the waight of the fish that voyage and doth beleeue in truth to his understanding that he doth not owe him one penny, for he had nothing of him but meerely for the voyage and Knott had all he got that voyage yet he sarues an attachment on this poore man and layes him into the Goale in a bitter Coult time and in a likely way had perished had not Rosomus James a man hie was ingaged to tooke pitty on him and helped him out of prisson he being the said James his saruant by ingagement and that Knott did that to him in Reuenge because the sd Jerman was Called by authority to witness in a case against one of his fishermen," etc.
Petter Cary, aged about thirty-six years, deposed that there was an agreement between Robartt Barthlett and William Jerman that if the latter would give him his winter and spring voyage that he was then upon with Charlls Grene, also the summer voyage following, he would be cleared of the execution of Knott's. Also that Barthlett had it all, except three or four quintels of haddock that was paid for a debt of Jerman's before this agreement was made, etc. Sworn, Mar. 13, 1679-80, before Moses Mavericke,* commissioner.
William Jerman's bill of cost.
Erasmus James' bill of cost, 3li. 8s. 8d.
Writ: Mr. Richard Knott v. William Jerman; debt; dated Mar. 21, 1676-7; signed by Moses Mavericke,* for the court; and served by John Chine,* constable of Marblehead. Copy of the execution by which said Jerman was delivered to Mr. Richard Knott for three years. Copy made by Robert Lord .* On May 30, 1677, Richard Knott* assigned said Jarman to Robert Bartlett. Wit: Thomas Hoare* and Nics. (his mark) Pickett.
Mr. John Brocke, aged about twenty-four years, and Nicholas Pickett, aged about thirty-three years, testified that on Feb. 5, both being at the house of Erosamus Jeames in Marblehead, after Jarman had owned his debt to Knott, James said in a jeering, scoffing manner "bed william Jarman out with his purse and pay the doctr what hee owed him: Jarman: replied a Gaine in A Scoffing: laughing Manner to the sd James that Doct' Knott might Goe to Constable hoakins for his pay: Iff hee please: why replyed Erosman Jeames is that thy Contience for to make the Constable for his loue to thee for to make him pay thy debt for thee Itt is good enough
* Autograph.
335
RECORDS AND FILES
1680]
for him said Jarman: for hee is better Able for to pay the debt then I am: Itt will teach the Foole more witt another tyme: he might a Kept Mee said Jarman when hee had me." Sworn, Mar. 23, 1679-80, before Moses Mavericke,* com- missioner.
John Marten, aged about forty years, deposed that he was present when Constable Hakings of Marblehead served the attachment on Dec. 22, 1679, and he urged him not to take Jerman to prison, but let him go on a voyage with him and he would agree to deliver him before the Ipswich court. Upon that, the constable left him, but on Feb. 12, 1679, he came very early and took said Jerman out of deponent's employ and cast him into Salem prison. Sworn, Mar. 27, 1680, before Moses Mavericke,* commissioner. Owned by Jer- man, Mar. 29, 1680, before Moses Mavericke,* commissioner.
Morris Pike, aged about fifty years, testified that the next morning after he was put in prison, Jarman sent his wife to Robert Bartlett, asking that he take him out, as he was his servant, and no one else could do it. Nicholas Picket, aged about thirty-three years, deposed the same and that Bartlett told him that if Jarman were not out before night, he would get him out, etc. Sworn, Mar. 29, 1680, before Moses Mav- ericke,* commissioner.
Mr. John Brocke, aged about twenty-four years, and Nicholas Pickett, aged about thirty-three years, testified that James reckoned up Jerman's account to see if it was right and he said it was right to a penny. Knott acknowledged the debt of 7li. Sworn, Mar. 23, 1679-80, before Moses Mavericke,* commissioner.
John Bartlet, aged about thirty-six years, and Bethia Bartlett, aged about thirty years, testified that they heard Knott demand some fish of Jarman saying that he must not think of going with Robert Bartlet, and Knott get nothing for his services. Knott said, "Gett you home to my house and doe such works as I haue to doe for thee." Jarman said he should go in Bartlet's boat, but Knott said he would make him know that he was his servant, whereupon Jarman swore that if Knott struck him, he would strike his brains out with a pair of tongs that he had then by him. Sworn, Mar. 29, 1680, before Moses Mavericke,* commissioner.
John Martin, aged about forty years, testified that Jerman had his supply for sea and land of James and himself for about a year, and he had been seven months on a voyage with deponent, and was still with him. Also that Robert Bartlett had supplied him with nothing. About the first of November there was a vessel load of corn that came into their harbor, consigned to Robert Bartlet by Mr. Samuell
* Autograph.
336
IPSWICH QUARTERLY COURT
[Mar.
Resolved White v. Capt. Nicolas Maning. Appeal from a judgment of the Worship. Maj. Gen. Denison, Esq. Verdict for defendant. Confirmation of the former judgment .*
Gardner, jr., of Salem, to sell for him. Jerman went for some but Bartlett would not let him have any. Deponent took two or three bushels for Jerman's use on his own account. Jerman had not even a pot to boil his victuals in, so deponent bought him one at Mr. William Brown's at Salem. Sworn, Mar. 27, 1680, before Moses Mavericke,t commissioner. Owned by Jerman, Mar. 29, 1680, before Moses Mavericke, t commissioner.
Charles Greene, aged about thirty years, deposed that he, with William Jerman, Robert Barthlett and one John Cleay, now dead, were on a voyage together, which voyage began in the latter end of 1676 and continued until the latter end of May, 1677. He understood that Jerman wished to be rid of the execution which Knott had against him and deponent heard Jerman tell Barthlett that if he would clear him and give him two shirts and one pair of drawers, he would give him all his winter, spring and summer voyage, which Barthlett agreed to do. They made sixteen or seventeen pounds each share, and the boat they went in was hired at the "six fish" and came to 13li. 10s. for the voyage, etc. Sworn, Mar. 13, 1679-80, before Moses Mavericke, t commissioner.
Philip Welsh, aged about thirty-six years, and his wife Hanna, aged about twenty-five years, deposed that last Jan- uary, Robartt Barthlett's man brought some wood to their house for the use of William Jerman. The man said there were six feet, but they questioned it and corded it before his face. They told Bartlett it was but four feet, but he said he would have pay for five feet or else he would send no more. He never received more, and deponents and Jerman all live together in one house, but have their wood separate, etc. Sworn, Mar. 6, 1679-80, before Moses Mavericke,f com- missioner.
Thomas Manning, aged thirty-one years, deposed that he bought some mackerel of Bartlett for bait which the latter said Jerman caught, etc. Sworn, Mar. 27, 1680, before Moses Mavericke, f commissioner.
*Copy of papers of a similar action tried before Major Genll. Denison, made by Daniel Denison.t
Writ: Capt. Nicholas Manning v. Resolved White and Abigail, his wife, as she was executrix of the estate of William Lord, deceased; for not delivering a mare, which she agreed to do for taking up her jades in the time of her widowhcod,
+ Autograph.
337
RECORDS AND FILES
1680]
and branding them; dated Mar. 10, 1679-80; signed by Hilliard Veren, for the court and town of Salem; and served by Peter Checvers, constable of Salem, by attachment of eight pewter platters and a table.
Nicolas Manning's bill of cost, 2li. 4s. 10d.
Judgment rendered for the plaintiff. Appealed to the next County court.
Reasons of appeal of Resolved and Abigail White.
Nicholas Maning's* answer to Resolved White's reasons of appeal.
Samuel Beadle testified that some years since Capt. Maning branded many of old Goodwife White's jades, in her presence, etc. Sworn, Feb. 27, 1679-80, before William Browne, com- missioner. Copy made by Daniel Denison .*
Edmund Bridges and Jeremiah Neale deposed that an ordinary mare about seven years since was worth in Salem about 40s. Copy made, Mar. 19, 1679-80, by Daniel Denison .*
Joseph Grey testified that there was an agreement between his father-in-law Manning and Goodwife White, etc. That said Manning having taken up the jades let some of them run away without branding. Sworn, Mar. 1, 1679-80, before Bartholmew Gedney, commissioner. Copy.
Joseph Grey testified. Sworn, Feb., 1679-80, before William Browne, commissioner. Owned before the commissioners, 2 :1 :1679-80. Copy.
Abigail White, aged about seventy-four years, testified that Manning asked her if she would give him half a mare if he found one of hers which was lost. She said she would. He found the mare but she never saw it, and later he asked her for the whole mare, agreeing to brand all her jades for it. She did not intend he should have the sorrel mare for that she had given to her kinsman William Lord, jr., and she never had any discourse with him further about marking, branding, gelding or wintering. Sworn, 2 : 1 : 1679-80, in commis- sioners' court. Copy made, Mar. 19, 1679-80, by Daniel Denison .*
Samuel Prince testified that some years since upon order of old Goodwife White, formerly wife of Goodman Lord, Capt. Manning brought out of the woods and the south field many of her jades, and he saw him brand twelve or thirteen. Sworn, 27 : 12 : 1679-80, before Willm. Browne, commissioner. Owned, 2 :1 :1679-80, in court. Copy made, Mar. 18, 1679-80, by Daniel Denison .*
John Bullock testified that Goodwife White told him, etc. Sworn, Feb. 27, 1679-80, before William Browne, commissioner. Owned, 2 :1 :1679-80, in court. Copy made by Daniel Denison .*
* Autograph.
338
IPSWICH QUARTERLY COURT
[Mar.
Thomas Perkins v. Daniell Clarke. Verdict for plaintiff, the fence to be set up and maintained by defendant and six bushels of Indian corn damage .*
*Writ: Dea. Thomas Perkins v. Daniel Clarke; for not setting up and maintaining a sufficient fence, according to agreement when he bought the land; dated Mar. 24, 1679-80; signed by John Redington,t for the court and the town of Topsfield; and served by William Perkins,t constable of Topsfield.
Thomas Perkins' bill of cost, 2li. 9s. 4d.
Letter of attorney, dated Mar. 27, 1680, given by Thomas Perkins, sr.,¿ of Topsfield to Sergt. Edmond Bridges of Salem. Wit: John Gould, sr.,t and Sarah Gould .; Sworn, Mar. 30, 1680, before Robert Lord,t cleric.
Thomas Baker testified that Clark and deponent's brother Golde had a conference about a fence which he was to have set up. Clark said he had given Golde 10li. and Gould said it was but 5li., etc. Sworn in court.
Copy of deed, dated Jan. 17, 1664, given by Zacheus Goold and Thomas Baker, both of Topsfeild, for 34li. paid by Bates to Daniell Clarke of Topsfield, 14 a. in Topsfield, bound- ed "with a brooke towards the south & a high waye towards the east, & the land of Luke Wakelin towards the north & the land of Barzila Barker, toward the west: And one pcell of meddow contayning by estimation six acres be it more or lesse lying in Topsfeild, or the Villadge, bounded with the land of Zacheus Goold towards the south & Thomas Perkins land towards the north, & the meddow of Luke Wakelin towards the east." Wit: John Goold and Thomas Gidding. Ac- knowledged, Mar. 28, 1665, before Samuell Symonds. Copy made by Hilliard Veren, t recorder.
Copy of deed, dated Mar. 8, 1663-4, given by Zacheus (his mark) Gould of Topsfield to Thomas Perkins of Topsfield, land partly in Rowley Village and partly in Topsfield, for 100li., bounded by Zacheus Gould on the southwest, Daniel Black on the southeast, the watercourse on the northeast and Topsfield common toward the north, and meadow of Robert Smith, Luke Wakelin and Francis Bates on the west; the other parcel was all that meadow in Rowley Village, on the west end of the Crooked pond, so called, and surrounded by land of Zacheus Gould, also a right of way for said Thomas where it would be most convenient. Wit: John Redington and John Perley. Acknowledged, Mar. 30, 1668, before Daniel Denison. Recorded June 24, 1679, in the records of land for Essex at Ipswich, book 4, page 268, by Robert Lord, t recorder.
Autograph. # Autograph and seal.
339
RECORDS AND FILES
1680]
Mr. Thomas Walters and Mr. Ric. Middlecut, as attorneys v. Mr. John Gifford. Verdict for plaintiff. Upon request of Mr. Gifford, the bond of 2,000li. was moderated to 500li .*
John Gould and John How testified that they saw the writing in Danil Clark's hand, and Gould told Clark that if he had the writing from him, he stole it. Sworn in court.
John How and Peter Shomway deposed that they measured the fence and found it to be about threescore rods, and ap- praised the damage in Perkins' corn as six bushels. They judged that the swine came in through the fence now in con- troversy, there being a pitiful hedge, which is no fence by law. The fence to be set up was worth 2s. per rod, as five-rail fence cost at that time. Sworn in court.
John How deposed that when Ensign John Gould demanded of Danill Clark his deed, he owned that he had received of Clarke 5li. in consideration of the fence which the latter was to maintain. Sworn in court.
*Tho. Breadon's receipt, dated Apr. 6, 1670, to Mr. Gifford for 100li. by bill on Rich. Waye of Bostone from Mr. Richard Russell of Charles Towne, also one bond of John Gifford for 100li. payable June 24, 1671, in full payment, and also for one-quarter part of the Iron works at Cheswick in New Eng- land which belonged to said Breadon and company. Wit: Richard Waite, marshal, and John Conney. Sworn, Apr. 17, 1674, before Edward Ting, assistant. Recorded, 20 :2 : 1674, folio 2, pages 114, 115, by Hilliard Veren,t recorder. Copy made by Hilliard Veren,t recorder.
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