USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 40
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Cristefer Bouls, aged thirty years, deposed that he was passing the Major General's barn and saw a man with a bundle of hay on his back who told him that he got it at his grand- father's barn. The man was John Pinder, jr. Deponent borrowed an ax of his landlord Metcafe, which ax was carried away from his barn, and two or three months after his land- lord's son came and said he had seen the ax at John Pinder's. The latter said his son said he found it. Pinder said that deponent had taken hay out of Samll. Graves' barn and carried it to Pinder's to make him appear as a cheat.
John Caldwell testified that last winter hay was scattered from the Major General's barn over the meeting house green into the lane as far as John Pottor's barn. The "Mager Jennerel" desired Thomas Loufel, Nathaniel Ropper and himself to go and see how it was scattered, etc. Sworn in court.
Robert Lord, marshal, deposed that he was making search for one Isaac Ong and going before day he saw John Pinder, sr., with hay and, accusing him of stealing it, Pinder said "You lye, I had it at father Wilsons Barne." Sworn in court.
Thomas Lovell testified concerning tracing the hay. Sworn in court.
William Durgery, aged forty-eight years, deposed that when he lived with his master Bishop, the first year of Bishop's coming to settle in the town in the house in which he died, he went often to fodder the cattle and told his master that he saw hay scattered up to the rock from the barn. Bishop said he hoped he did not live among such bad neighbors. Two or three nights after, Jno. Bishop and deponent watched in the barn and saw Pinder steal hay. They went after him, pulled it off his back and he ran away. Sworn in court.
Nathaniel Roper, aged about twenty-six years, deposed that hay was scattered from a leanto door in the Major's barn, etc. Sworn in court.
381
RECORDS AND FILES
1680]
Ens. Wm. Buswell by order of court sent in the papers in his hands committed to him by Elizabeth Wells, alias Harris, which were a will, Page's bill of 28li. and a bill of sale of John Sanders to Wells. The two latter papers were to be delivered to John Harris, her late husband.
John Pinder, being called three times and not appearing, was fined.
Henry Jaquis was freed from ordinary training, court having heard his complaint and considering his lameness, and the fact that he had two of his family in arms and another coming.
John Denison of Ipswich was released from training, paying three shillings per year to the company.
Nathaniell Wells and his wife, presented upon a great and common fame of breach of the peace, by mutinous carriages, so that the neighbors were forced to interpose to prevent further mischief, her arm being much hurt, owned it in open court and were fined five pounds.
Peeter Chever, constable of Salem, complained against Joseph Gatchel for misdemeanors, and was enjoined to give security for his appearance at the next Salem court. Gatchell desired liberty to bring sureties but went away and did not, and court ordered him to appear at the next court. Peter Chever bound.
John Brig's bill of cost. Thom. Knolton and Elesebeth Liuutt mentioned.
Samuell Felows, sr.'s, bill of cost, 12s. 6d.
Bill of cost about Nath. Wals, 5s. Jonathan Fanton, John Fanton and John Smith, jr., mentioned.
On Aug. 25, 1679, Caleb Moody complained of Wm. Fanning and his wife for misdemeanors, excessive drinking, offering violence to his wife, swearing and cursing. Joseph and John Dole and Jonathan Clarke testified to his drunken- ness. Sarah Moody and Mary Wellington affirmed that as they were going by the house to fetch the cows in the morning, Goodwife Fanning complained of her husband. He swore and said he would knock out their brains. Jonathan Clarke said that in the house Fanning threw things at his wife, kicked her and swore he would cripple her and she showed the marks of her husband beating her, as she did to others, and said if the negro had not taken him off, he would have killed her. The two maids heard him curse once. Fanning acknowledged that in his passion he might have done these things. It was a
382
IPSWICH QUARTERLY COURT
[May
common fame that he drank to excess and at such times quarrelled with his wife and the clamor of it was heard by the neighbors who lived near. He was ordered to appear at the next Ipswich court but not being able to get bail, by protesting that his hay would be lost if he were detained and his family deeply suffer, his own bond was accepted. He offered as security one-half of four acres of Indian corn grow- ing on land of Mr. Thomas Noyes and Jacob Topan, a young horse and five swine of a year. The woman was discharged. Copy from the records by Jo. Woodbridge,* commissioner.
Mathew Hocker testified that he was in the quartermaster's yard and saw John Leese and Cristefer Bouls, who wanted someone to ride one of the mares. Several persuaded Samuell Pouline to ride her but he said he would not and could not because he had a fall from a horse a little while ago and was not able. Sworn in court.
Whereas Daniewell Clark agreed with Thomas Thorlle to serve him, and he had served him the full time although Thorlle claimed he had not, said Clark left it to the court to determine.
Judgment for plaintiff in the action, Willm. Dodge v. Benja- min Balch, the settlement of the estate according to Salem court order of 27 : 4 : 1662, the just debts being paid, the one-half of the estate in inventory or else 111li. 14s. 3d. in money. Appealed to the next Court of Assistants.
At the General Court in Boston, Oct. 10, 1679, Jno. Dole of Newbery was admitted into the freedom of this colony. Copy made by Edward Rawson,* secretary.
Walter Fayerfield's* reasons of appeal, recorded Feb. 29, 1680, by Robert Lord,* cleric: in an action brought against him relating to the committee of militia, and the impressment of saddles and pay for the same, etc. Charles Gott, Edward Nerling and Thomas Knoulten mentioned.
Fragment of a paper belonging to court held May 4, 1680. Jno. Sanders and - Wells mentioned.
John Severence* wrote to Robert Lord on 1:8:1680, returning four writings belonging to Robert Knights which he had taken by accident.
Joseph Boles testified that whereas there was a bargain made between himself and Henry Bennett concerning building and finishing a barn upon Hog Island for the use of John Graves, but the latter refused to have it built for a thatched roof but wanted a board roof, and engaged to get the boards to clear said Henry by the barn being not finished. Sworn, Dec. 26, 1677, before Daniell Denison. Copy made by Robert Lord,* cleric.t
Jacob Bennet, aged about twenty-five years, deposed that * Autograph. + See ante, vol. 6, p. 420.
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RECORDS AND FILES
1680]
COURT HELD AT SALEM, 29 : 4 : 1680.
Judges: Hond. Maj. Genrll. Daniell Denison, Esq., Capt. Nathanll. Saltonstall, Esq., William Browne, Esq., and Bar- tholmew Gedney, Esq.
Grand jury: Leift. Tho. Putnam, Seargt. Tho. Fuller, Jere. Meachum, sr., Tho. Rix, Ensigne Nathanll. Felton,
there was a bargain made between himself and his father Henry Bennett, etc. Sworn, 26 : 1 : 1678, in Ipswich court.
Daniell Wicom testified that being at Ipswich court when Goodman Lumas and Simon Stacy delivered Marck Quilter's will to court, Frances, the wife of Marck, desired him to speak for her but he did not dare to meddle with it for "i am a stranger and doe not understand it."
Caleb Kimball and Simon Stace deposed that Mr. Tutell came to us and said he heard Frances Quilter tell her brother Swan that she had no knowledge of the carrying of her hus- band's will into court.
Ezekiel Northend* and John Tod,* having been appointed at the Ipswich court, Sept. 29, 1663, upon motion of Mr. John Carleton, guardian of Patience Jewett, that a division be made of some land between Carleton and Patience, they found that the bulk of Mr. Carleton's land was to the value of 178li. on Haverhill side, and there were 100li. belonging to said Patience to be taken off her land to make them both equal, 300 acres. Corporal Gage, who lived upon the farm of Patience Jewett, went with them and showing them some low land that might be convenient for fencing, said that there was very little more than 300 acres, at the most not more than 20 or 30 acres, he knowing the land better than they did, and they gave credit to what he said not measuring it them- selves. Owned, Mar. 30, 1680, in court.
Petition of Shu. Walker :* Joseph Jewet of Rowley left in his will land to his two daughters Hannah and Patience. Mr. John Carleton married Hannah and became guardian of Patience. The latter married this petitioner. Sergt. John Gage, then lived by lease upon the Bradford part of the farm called the Neck, etc. John Gage was the purchaser and an honest man and the committee to divide the land confided in him too much for the petitioner's good. He asked that the order might be revoked and a new settlement made for the benefit of himself, wife and children. Court ordered on Mar. 30, 1680, that Tod and Northen measure the land and report to court what houses had been built, fences made, etc.
* Autograph.
384
SALEM QUARTERLY COURT
[June
John Hill, William Browne, William Seargent, John Abby, jr., Hen. Collens, sr., Hen. Silsby, Ensigne Bancraft, Joseph Mansfeild, sr., Tho. Bishop and Mr. George Keaser.
Jury of trials: Leift. Raulph King, Mr. Timothy Lindall, Mr. John Grafton, Mr. Habackuck Turner, Mr. Joseph Phipen, sr., Samll. Williams, Nathanll. Ingerson, Erasmus James, Jon. Lovett, jr., Thomas Patch, Jacob Davis, [Cornet. - Waste Book.] John Lewis, Edward Marshall in the first action, and Francis Skerry in Capt. Price's action.
Mr. Wm. Bowdith v. John Woolcott. Verdict for plaintiff. Appealed to the next Court of Assistants. Said Woolcott bound, with Phillip Fowler and Phillip Greely, as sureties .*
*Writ: Mr. Wm. Bowditch v. John Woolcott of Newbery; for not building and finishing a windmill at Marblehead accord- ing to agreement; dated June 10, 1680; signed by Hilliard Veren, t for the court and the town of Salem; and served by Henry Skerry,t marshal, by attachment of the farm house defendant lives in at Newbery, with the land and meadow.
John Wallcot's bill of cost, 14s.
Agreement, dated Mar. 6, 1678-9, between John Woollcot, t of Newbury, millwright, on one part, and Wm. Bowditch, t John (his mark) Devereux, Rich. Knott,t James Dennest and Samuell Morgant on the other part, said Woollcott was to frame, build, erect and set up for Bowditch and company at Marblehead, upon the hill called Rodes' hill, a windmill, which was to be round, 26 feet through, 19 feet between joints, with a flat roof, to be housed from the weather, said Woollcott to provide all materials, except the millstones, the mill to be built of good substantial timber, and completed to the turning of the key and making it sufficient to work perfectly; he was to lay the hulk, cause it to be sufficiently underpinned, and to be finished by the last of December next; for all of which Woollcott was to receive eight score pounds, half in silver and half in fish or other goods at money price, one third to be paid at or before the last of May and one third at the raising of said mill, and the other third at completion, said Bowditch being owner of one-half; Woollcott further agreed to work the mill for a week on trial and to repair all defects that might appear; Bowditch was to provide two millstones made of bars for which the other owners were to pay him proportion- ately in money 12li. 10s., himself to bear the other part and all the other owners agreed to provide men and necessary material to raise the mill and to help said Wilcott at such
t Autograph.
385
RECORDS AND FILES
1680]
times as he desired; whereas Bowdish engaged to find mill- stones at such a price, the other owners obliged themselves to pay to Wilcott 5li. in silver of that 40li. part mentioned, to be deducted out of their goods part, said Bowdish to pay 35li. in silver and 45li. in goods, the others to pay 45li. in money and 35li. in goods to Willcott or his order. Wit: Samuel Cheever,* Moses Mavericke* and John Elethorp .* Sworn, 24 : 1 : 1680, before Wm. Hathorne,* assistant.
William Traske,* John Traske* and Simeon Booth,* millers, Joshua Buffum* and Edmond Bridges,* chosen to survey the windmill, so called, testified that they "took up the stone and vewed the stons and incke and vine and we find the stons good only thay want floworing and to be hunge trew: we find that the incke and spindel not to be sofficiant nether for waight and workemanship: 3ly we find the mill not soficiently undarpined: and the mill we find not tightly covered for to secur ether corn or meal in the mill and 4ly we find one of the main posts of ye mill haue broken and we find the hopar and many of the utenssels of the mill to be insofficiant." Sworn, Mar. 22, 1679-80, before Wm. Hathorne,* assistant. Upon a second view by William Traske* and John Traske,* they found Woolkot not able by his own skill to accomplish the flowering of the stones. Sworn, June 24, 1680, before Moses Mavericke,* commissioner.
James Dennes* certified on Jan. 21, 1674, that whereas there had been an agreement between himself and John Wil- cot, sr., of Newbury for building a windmill in Marblehead, of which deponent had an eighth part, he was fully satisfied that the work was according to covenant. Wit: Samll. Ward* and John Woodbury .*
William Bowditch's bill of cost, 4li. 5s. 9d.
Richard Knott* certified on Jan. 22, 1674, that he owned an eighth part and was fully satisfied, etc. Wit: Samuell Morgan* and James Dennes .* Owned in court, but he fur- ther said that it was through a mistake or misinformation.
John (his mark) Devorix, sr., certified on Jan. 24, 1679, that he owned an eighth part and was fully satisfied, etc. Wit: Rich. Knott* and James Dennes .* Owned in court that he signed this through a mistake.
Samuell Morgan* certified on Jan. 21, 1679, that he owned an eighth part and was fully satisfied, etc. Wit: Robert Knight* and Edw. Humphreys .* Owned in court that he signed through a mistake.
Thomas Robins, aged about forty-two years, William Trask, aged about forty years, and Walter Fayerfield, aged about forty-eight years, deposed that on June 26, last, Mr. William Bowditch desired them to go to Marblehead and
* Autograph.
386
SALEM QUARTERLY COURT
[June
they found the windmill so insufficient as to the builder's work that it was not fit for grinding meal. It would cost more to make it fit than the mill was worth. The vanes, arms, sails and upper running gears were insufficient, the mill had nothing to stop her and seven men could not turn her to the wind. It was not finished according to agreement as to covering, underpinning or workmanship for feeding or grinding. Sworn, June 26, 1680, before Moses Mavericke .*
Joshua Bufham, aged forty-three years, testified the same, he having had some experience in mills, and he found that there was nothing to stop her in a gale of wind if occasion should require. Attested as in the presence of God, June 26, 1680, before Moses Mavericke,* commissioner.
John Bartlet, aged about thirty-six years, and Nicholas Pickett, aged about thirty-three years, testified that when William Traske, John Traske and John Willcott, millwright, were at the windmill at Marblehead, the mill was set to work. Mr. Willcott was often desired to put one more sail upon the mill by several people who were there that she might make good meal, but he would not do it, he said, for fear the vanes or something else about the mill would break. He said he was bound only to make meal, which he had done, and left off grinding corn and left some in the hopper. Sworn in court.
Samll. Ward, aged about forty years, deposed that after more sail was put on, the sails flew from the vanes at one end. Some months after he found them very much damaged by wet as the mill was not sufficiently covered, the roof being so open he could see through almost all the joints of the boards. Two millers set the mill to work but it would not make meal for want of sail. Sworn in court.
Richard Norman, aged fifty-seven years, deposed the same. Also that Woolkott had said that he would make the mill so good that she would perform her work with as little wind as a man might carry a candle burning open in the air without blowing out, whereas she would not work with a good gale of wind. Sworn in court.
John Legg, aged about thirty-five years, and Nicholas Andrews, aged about thirty-eight years, deposed that while the mill was grinding it was one man's work to feed her with his hand for there was some defect in the gear that should have fed her. Sworn, June 26, 1680, before Moses Mavericke,* commissioner.
William Poate, aged about forty years, and John Bartlett, aged about thirty-six years, deposed that John Willcott, jr., said that the mill would never come to anything, but they did not care if the devil had her if they got their money, or whether the mill would run any more. Sworn in court.
* Autograph.
387
RECORDS AND FILES
1680]
Leift. Tho. Putnam v. Edw. Richards of Linn. Review. Verdict for defendant .*
John Woolcott v. Mr. Wm. Bowditch. Verdict for de- fendant. Appealed to the next Court of Assistants. Said Woolcott bound, with Phillip Fowler and Phillip Greely as sureties. t
*Writ: Lieut. Thomas Putman v. Edward Richards of Lynn; review of a case tried at the Salem court in July, 1675, with judgment for Lt. Putman, and on appeal at the Court of Assistants in Sept., 1675, when judgment was reversed; dated June 18, 1680; signed by Nath. Barnes,¿ for the court and town of Boston; and served by Samll. Cobbett,¿ constable of Lyn, by attachment of the dwelling house and land of defendant.
Edward Richard's bill of cost, 12s.
Letter of attorney given by Edward (his mark) Richards§ to Thomas Norman of Boston. Wit: Jonath. Palmes and Ed- mond Bridges.# Acknowledged, June 29, 1680, before William Browne,į assistant.
Copy of the record of a Court of Assistants at Boston, Sept., 1675, in this action, with verdict for plaintiff, Edward Richards. Copy made by Edward Rawson,¿ secretary.
*Writ, dated June 9, 1680, for breach of covenant, signed by Hilliard Veren,¿ for the court and the town of Salem, and served by Henry Skerry,¿ marshal of Salem, by attachment of land, the wharf, and the warehouse, brewhouse, copper and furnace of defendant.
John Woollcott's bill of cost, 2li. 6s.
Wm. Bowditch's bill of cost, 16s. 6d.
Stephen Grenlefe, aged about fifty-one years, deposed that being employed by John Wolcot to make the iron work for the windmill, he made it thoroughly and of very good iron in his shop and he understood what belonged to mill work. Sworn, June 25, 1680, before Daniel Denison.}
Robert Knight, aged about sixty-five years, deposed that he and Mr. Ward of Marblehead were in the mill and he considered that the mill made good meal for the time it had been working. Sworn in court.
John Woollcot, aged nineteen years, deposed that his father desired Mr. Bowdeg to have a meeting about the mill and they stayed there till night, but he did not come. Later they asked the owners to get together and tell what was wanting in the mill, but Bowdeg replied that he could not come and did not know when he could. Then both sides chose one
# Autograph. § Seal.
388
SALEM QUARTERLY COURT
[June
Ben. Balch, sr., son of John Balch, sr., deceased, and joint executor with his mother-in-law, Agnes Balch, deceased, of said John's will, and legal heir of said Agnes v. Capt. John Price. Verdict for plaintiff, the land in controversy .*
man to view it, etc. John Woollcott, sr., affirmed the same. Sworn, June 25, 1680, before Daniel Denison.ț
James Dennis, aged about thirty-eight years, deposed that on Jan. 20, last, Wolcott told the owners that the mill was ready and they sent to Salem for Mr. William Boudish who was chiefly concerned to meet them to choose men to see if the work were satisfactory, but the messenger said that Mr. Boudish could not come, etc. Sworn, Mar. 23, 1679-80, before Moses Mavericke, t commissioner.
John Woollcot, aged nineteen years, deposed that his father, after the mill was set up, was flooring the stones, running them and trying them with corn ten days before he left the mill. It would have been running a fortnight sooner if Mr. Boudeg had not failed about the canvas. He did not send it and deponent and his father went to Salem for it, but Boudeg said it was too much for them to carry and he would take it to them on his horse early in the morning. They were forced to go again and found that he had no canvas for them, upon which his father had to buy it where he could get it. Also that when Boudeg saw the mill go, he said he never saw one go better in his life. John Woollcot, sr., affirmed the same. Sworn, June 25, 1680, before Daniel Denison.t
Jno. Trask, aged about thirty-eight years, deposed that he went to Marblehead to put the mill to work, etc. Sworn in court.
*Writ, dated June 23, 1680, signed by Hilliard Veren, t for the court and the town of Salem, and served by Henry Skerry,t marshal of Salem, by attachment of the warehouse and all the land belonging to it.
Benjamin Balch's bill of cost, 2li. 5s. 4d.
Copy from the Salem town book of records: Granted on 23 : 10 : 1639, to John Woodbery, John Balch and Mr. Con- nant five acres of meadow each in some convenient place. Copy made, 15 : 12 : 1678, by Jno. Higginson,t recorder to the selectmen.
Copy from the Salem town book of records: At a general town meeting, 21 : 9 : 1658, it was ordered that Major William Hathorne have granted to him the town's right in the planters' marsh. Copy made, June 28, 1680, by John Hathorne,t recorder to the selectmen.
Copy of a record of the settlement of John Balch's estate, t Autograph.
389
RECORDS AND FILES
1680]
Mar. 3, 1663, at Ipswich court, made by Robert Lord,* cleric.
Copy of the record of administration upon John Balch's estate, 27 : 4 : 1662, at Salem court, made by Hilliard Veren,* cleric.
Copy of the record of Salem court, June 29, 1658: Ben- jamin Balch, bringing in testimony that the estate of Agnes Balch was little enough to pay the expenses of her long sick- ness, was ordered to have the whole estate. Copy made by Hilliard Veren,* cleric.
At Ipswich court, Sept. 26, 1665, William Dodge acknowl- edged judgment to Capt. Walter Price for a debt of John Baulch, deceased, Baulch's wife being executrix. Copy made by Robert Lord,* cleric.
Deed, dated 20 : 11 : 1658, given by Benjamin Balcht of Salem, husbandman, to Walter Price of Salem, shopkeeper, for one-half of five acres of meadow in the planters' marsh, between Francis Skery on the south and Mr. Geo. Emery on the north. Wit: Hillyard Veren* and Theodore Price .* Acknowledged, 26 : 3 : 1660, before Wm. Hathorne .*
Copy of John Balch's will, dated May 15, 1648, taken 4 : 4 : 1656, by Elias Stileman,* cleric, and of the inventory, dated 19 : 1 : 1662, by Hilliard Veren,* cleric.
Samuel Gardner, aged about fifty years, and John Massey, aged about forty-nine years, deposed that being desired to measure and divide land in the Planters' marsh, so called, near the north ferry in Salem, upland and salt marsh, they found it about six acres, which they divided into two equal parts. This was John Balch, sr.'s, land, which Capt. John Price now claims, one-half of which Benjamin Balch, sr., now sues for, and deponents measured it this June. Sworn in court.
Samuel Gardner, aged about fifty years, and Thomas Gard- ner, aged about thirty years, deposed that Price claimed the whole six acres and ordered Francis Skerry to load hay into his cart from off this land in 1679, in sight of deponents. Sworn in court.
Deed, dated 30 : 11 : 1665, given by Wm. Hathornet of Salem to Walter Price of Salem, five acres of marsh and upland lying between land of George Emery on the south, land of Frances Skery on the southwest, the sea on the east and land of Daniell Rumble on the west, he to have all the right granted to said Hathorne by the town in 1658. Wit: John Croade* and William Lake .* Recorded, 30 : 11 : 1665, in the records at Salem, book 2, folio 79, by Hilliard Veren,* recorder.
Capt. William Dixcie, aged about seventy years, testified that above forty years past John Balch, sr., had five or six acres in the Planters' marsh, which he mowed for said Balch and afterward hired of him. Sworn in court.
* Autograph.
t Autograph and seal.
390
SALEM QUARTERLY COURT
[June
Samuel Gardner, aged about fifty years, and Thomas Gard- ner, aged about thirty years, testified that they, as messengers from Benjamin Balch, sr., desired Capt. John Price to join with him in dividing the land, but he refused, claiming the whole. Sworn in court.
John Massey, aged about forty-nine years, testified that his father hired this marsh of John Balch, sr., for several years and later of Benjamin Marsh, sr., which, he could prove by his book, was from 1649-1658. In 1651 and 1654, the rent was paid to Benjamin's brother John. Sworn in court.
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