USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 12
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Michaell Farley, jr., aged about twenty years, deposed that Edward Lumas of Ipswich, hearing an order read to him by Michaell Farley, sr., deponent's father, complied with it and gave up his trust to said Farley, expressing himself as glad to be relieved of the management given him by his master, Richard Saltonstall. He delivered the keys and was paid his whole salary by said Farley. Sworn, June 16, 1681, before Samll. Appleton,* assistant.
* Autograph. t Autograph and seal.
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Mr. John Gifford v. Thomas Walter and Richard Midle- cott, the pretended attorneys or agents of John Wright, John Williams, Katheren Eaton and John Dodsworth. Re- view. Verdict for defendants, confirmation of the former judgment, forfeiture of a bond of 2,000li .*
John Pearl, aged about twenty-nine years, testified to the same. Sworn before Samll. Appleton, t assistant.
Elihu Wardal deposed that sometime in 1674 Edward Loumaks bargained with him to build a fulling mill, which he did to the best of his skill until it was fit to full cloth, for which he received 6li. in corn at the corn mill, as was agreed. Sworn, June 23, 1681, before Daniel Denison.t
Mary Wayte, aged forty years, deposed that some time after Mr. Farly came over from Ingland and entered upon the mills of Richard Saltonstall she heard Goodman Lumas say that he and Mr. Farly had been with Mr. Stoughton and he had delivered up his trust. Stoughton said Lumas might keep the fulling mill, but the latter said he did not care whether he did or not. Sworn, June 25, 1681, before Daniel Denison.t
Elihu Wardall, aged about thirty-eight years, deposed that he had the contract to build a fulling mill upon the mill dam of Richard Saltonstall of Ipswich next adjoining to his wheat mill, etc. Sworn, June 23, 1681, before Samuell Appleton, t assistant.
Rrd. Saltonstallt certified, June 27, 1681, that, in 1674, Edward Lumas wrote to him in Lankeshire, England, to release him, the letter being written with very much earnest- ness and importunity, and he then appointed Michaell Farley, whom Saltonstall sent over to New England. Farley arrived in 1675 with an order from said Richard, etc.
William Stoughtont certified on Mar. 25, 1676, that Lummus had neglected to give him, as attorney to Richard Saltonstall, Esq., an account of the corn mills in Ipswich. Also since Michael Farley came to take charge of the corn and fulling mills, etc. Sworn, June 23, 1681, before S. Bradstreet, Govr., t and J. Dudley, t assistant.
Sargeant Jeremiah Bellcher and Richard Shatswell, sr., deposed. Sworn, June 24, 1681, before Daniel Denison.t
* Writ, dated Boston, June 11, 1681, signed by Nat. Barnes, t for the court and town of Boston, and served by Richard Hood,t constable of Lin, by attachment of the house and land in possession of Thomas Walter, called the new Iron works at Lin.
Defendant's bill of cost, 2li. 3s.
t Autograph.
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Copy of return of the execution, dated Apr. 13, 1680, by Robert Lord,* marshal, who attached a house and land of Mr. John Gifford's and other things appraised by Ciporus Steevens for Gifford and John Lee for Walter, at 247li. 7s. 4d. There remained fees of 5li. 17s., and due on the execution 241li. 10s. 4d. By order of Walter he committed Gifford to prison at Salem, for which he charged 6s.
Copy of writ: Thomas Walter of Yonghall, Ireland, mer- chant, now resident in Boston, and Richard Middlecott of Boston, merchant, attorneys to John Wright of Writsbridge, County Essex, John Williams of Bristoll, merchant, Katharin Eaton of London, widow, executrix of the estate of her son John Eaton, late of London, merchant, and John Dodsworth of London, haberdasher, assignee of John Wright of Writs- bridge, County Essex, administrator of the estate of Francis Allen, late of London, gentleman v. John Giffard; debt due by bond; dated Boston, Feb. 6, 1679-80; signed by Nath. Barnes,* for the court and town of Boston. Copy made by Isa. Addington,* cleric.
Copy of bond for appearance of John Gifford, dated June 11, 1681, and witnessed by Joseph Weden and John Earle. Copy made by Nat. Barnes, for the court and town of Boston.
Robert Lord, marshal, aged about forty-nine years, tes- tified that he asked Giffard at court if it was his signature on the bond and he said it was. John Floyd testified to the same. Sworn in court.
"To the Honored Court: of Salem:
"In all humbleness I desire to returne many thanks for your great favor in the hopes of my admittance to haue liberty to speake for myselfe. you' hono" lines I sent to y' Govor but Comeing soe late to my hands find it hard pcure y' meete- ing of Assistance weh yor lines are referd unto. I should humbly Craue y favor of ye honord Court to deter my Action yt I may see if possible I may pcure an apperance if not I hope yor hono's will Consider the iustness of my Cause and therein giue reliefe as God shall direct
"Yo' hono's humble Sarvant
"June 28 : 81 John Giffard."
Letter of attorney, dated June 24, 1681, given by John Giffardt of Lyn to his loving wife Margret Giffard. Wit: Hudson Leverett* and John Earle .* Sworn, June 27, 1681, before John Joyliffe,* commiss.
Award, dated Feb. 24, 1680, of Humphry Davye, Anthony Stoddard and John Holbrooke, a committee appointed by the General Court, Jan. 4, 1680, to inquire into the claims of John Giffard. Court approved of the return and granted a hearing. Copy made by Edward Rawson,* secretary.
* Autograph. t Autograph and seal.
9
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John Giffard's* answer, dated Nov. 29, 1680. If he were not of the Company, he asked why did John Flood sue him, imprison him and take from him 20li. for the Dispaws.
John Giffard's* plea, in review, dated June 28, 1681, before the Salem court.
John Giffard's* second plea, dated Feb. 21, 1680, before the committee of the General Court.
Instructions for conducting the Iron works, dated Sept. 15, 1673, given to Mr. John Gifford and Mr. Ezekiel Fogg, by John Wright,t John Bulteele, t Fran. Allen, t John Giffard,t Ezekiell Foggt and John Godfry.t Presented, Apr. 30, 1674, to John Leverett,* Govr., and recorded in book 4, page 268 of the records of the Notary Public of the Massachusetts colony, Aug. 11, 1674, by Robert Howard,* Notary Public.}
Summons, dated Boston, June 23, 1681, to Thomas Walter and Richard Midlecot for appearance at Salem court, signed by Natha. Barnes, for the court and town of Boston. Copy of the summons to which Tho. Matson made oath in Boston, June 25, 1681, before Hum. Davie,* assistant.
Wm. Morgan, aged about twenty-one years, deposed that it was reported that Mr. John Williams was dead and died in London. Furthermore, he saw the widow after that in mourning. Sworn, June 3, 1679, before Thomas Brattle, commissioner. Copy made by Edwd. Rawson, secretary. Copy of that copy made by Isa. Addington,* cleric.
Copy of agreements and instructions made by Isa. Adding- ton,* cleric, Edw. Rawson,* secretary, and Robert Howard,* Notary Public.
Letter of attorney, dated June 28, 1681, given by Thomas Waltert of Youghall, Ireland, merchant, now resident in Boston, to Capt. John Floid. Wit: Thomas Marshall* and John Severne .* Capt. Thomas Marshall and John Severne made oath before Bartho. Gedney,* assistant.
Copy of letter, dated London, Nov., 1676, from Jo. Williams, Katharen Eaton and John Dodsworth to Mr. John Gifford: "M" John Williams comeing to London we doe now Authorise Mr Rich. Middlecott of Boston, and M' Thomas Walter to treate with you, and to have a blast at the Iron workes, if it appeares for a generall good, to this end they have a credit for a supply of what may bee wanting, so you will do well to comply with them there, and our desire and order for you to come over hither, which we need not to press, your owne intrest being soe much conserned therin, we have done thus upon our owne credits heere, M' Godferys nor s' Rich. Combes executors, have we beene able to pswad to deposit anything M's Eaton is executor to m' John Eaton, m' Dodworth * Autograph. t Autograph and seal. # For abstract of these instruc- tions, see ante, vol. 7, pp. 171-177.
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hath purchased the share, was m' Allins, and m' Williams m' Wrights part, we hope you will considder this is the re- viveing or utter ruin of the concern, therfore consider you destroy it not utterly, pray remove all obstructions, and carry things above board, for clandestine actings will not bee interest at you all: asure yourselfe, for our parts if you act as you ought, you will find us ready to do the thing that may be rather in favour of you then our selves, for we desire to doe as we would be done by, as you will finde when you see us, want of time, and in expectation of your presence we doe not, nor indeed cannot inlarge, but must refer you to our agents, or agent, whose carriage if you deme - it not will doutless be in all tenderness towards you as farr as they may fairly discharge ther trust for the genrll good pray sett out our agents in a way to find out how to secure our right from My Fogg & shew them wherin he hath acted to the hirt of the Company we must subscribe willing to continue Your loveing frends."
"Superscribed To M' John Gifford, merchant in Boston. Received of m' Middlecott 9 of May 77." Copy made by Isa. Addington, cler. Copy of that copy made by Robert Lord,* cler.
Copy of bond of John Giffard, dated June 1, 1673. Wit: Richard Stonehill and Wm. Renold .* Copy made, in 1676, by Richard Stonehill, notary public. Copy made, May 9 1679, by Robert Lord,* cleric.
Thomas Matson, aged about forty-seven years, testified that he took the summons to the house of abode of Mr. Walter and he not being at home, deponent gave it to the maid to deliver, but she read it and threw it away, giving him very uncivil language. Then deponent went to Mr. Midlecot, delivering it to Mrs. Midlecot. She read it and said she would not take it, as it would be troublesome to her husband. After that, deponent went back to Mr. Huchison's where Mr. Walter "keeps" and the maid coming to the door again began in her high terms as before, but deponent, seeing Mr. Huchison looking out of the window, gave the summons to him for Mr. Walter. Sworn in Boston, June 25, 1681, before Humphry Davie,* assistant.
John Joyliffe, aged about sixty-four years, deposed that Mr. Richard Midlecot told him on June 1, 1680, when he asked him what he meant by keeping Mr. John Giffard in prison, that he had no hand in the business, nor did he meddle with it; that when Mr. Walter first came to New England he had an estate of Mr. John Williams of Bristoll in his hand, from whom he received order to supply Walter with money, which he did to the amount of 120li., but after Williams'
* Autograph.
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SALEM QUARTERLY COURT
[June
Mr. James Allen v. Nathaniell Putnam. Verdict for de- fendant. Capt. John Floyd, attorney to Mr. James Allen, appealed to the next Court of Assistants, and was bound, with Frances Nursse and John Tarball, as sureties .*
death, the widow, and Williams' brother ordered him not to remit any more to Walter but to send what remained to Barbadoes, which he did. Deponent had had only his com- mission from the sale of the goods and all the power Mr. Walter had to sue Mr. Giffard was by letter of attorney of Squire Wright's. Deponent said he had sold himself out of the company and he replied that he had, etc. Sworn, June 3, 1680, before J. Dudley.t
John Browne testified that he was a collier at the Iron works and that Giffard had pushed the work by making up the dam, repairing the works, pulling down the defective walls and that Capt. Poole had "new braste" the furnace so that it might speedily have blown had he not been dis- appointed by Mr. Fogg, etc. Sworn before William Browne, commissioner. Copy made by Isa. Addington, t cler.
Thomas Brattle and John Joyliffe, aged about sixty-five years, deposed that they went to the Iron works with Mr. Walter and Mr. Midlecot to advise about running the works. They found a great heap of charcoal, pot molds, etc., to carry on the works and Giffard said that about 200li. would get it ready to make a blast. Brattle said he already had a part in an Iron works and did not desire any of that. Sworn, Feb. 21, 1680, before Humphry Davie, t assistant.
Henery Dispaw, aged about thirty-five years, deposed that, being a potter at the Lynn Iron works, he made several pot molds and waited for the furnace to blow, but it seemed to him that Mr. Giffard never intended to repair it, as it could have been done in less than a year. Sworn, Mar. 13, 1678, before Tho. Savage, commissioner. John Floyd testified to the same, 1 : 2 : 1679, in Ipswich court. Copy made by Hilliard Veren, t cleric.
Peter Chock, aged about thirty years, deposed, May 22, 1679, that walking upon the Exchange in Boston with Thomas Walter about Apr. 16, 1679, the latter told him that Mr. John Williams of Bristoll had been dead about a year, etc. Sworn, June 3, 1679, before Tho. Brattle, commissioner. Copy made by Edwd. Rawson, secretary. Copy of that copy made by Isa. Addington, t cleric.
* Writ: Rev. Mr. James Allen v. Nathaniel Puttnam; for claiming nineteen acres of land, which had been settled on plaintiff by a committee of the General Court, Oct. 2, 1678, t Autograph.
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as part of the farm called formerly Bishop's farm; dated 10 : 3 : 1681; signed by John Wayte,* for the court and town of Maldon; and served by Henry Skerry,* marshal. Nathanill Putnam's bill of cost, 1li. 16s.
Letter of attorney, dated Apr. 12, 1681, given by James Allent of Boston to Capt. John Floyd of Rumney marsh, to prosecute this action against Mr. Nathaniel Putnam or Joseph Holton. Wit: Hum. Davie,* assistant.
Copy of a record of the General Court held at Boston, May 28, 1679: "The Comittee appointed by the Honored Generall Court october 2d: 1678: to setle ye bounds of a farme lying in Salem conteyning three hundred acres apper- teyning to ye Revnd. Mª James Allen of Boston (Commonly called Bishops farme) meeting together at Salem the second time hauing first received the land heard all controuersies concerning the same and tried the bounds (that were shewed by both parties) by a surveyor for a fynal Conclusion in refference to the Setlement of the said bounds they did agree as followeth: viz
"That begining at a Maple old marked in myery swamp (upon the southwest of this land) from thence running to the black oake old markt) upon the Goune's playne and Continuing the same line untill you Come (in a square) as farr eastward as the Hemlock by the old Saw mil. then from this Corner made as aforesaid to the aforesaid hemlock then from the said hemlock: the brooke in that place (according to the runn of the water mil) shall be the bounds untill you Come as farr westward as the cratch in the brooke nr where two brookes Issue into one then to runn sixe poles due north from thence westward in a direct line to take Bishops old orchard & house place from thence still westward to a great popular, and what shallbe now a wanting to three hundred acres shall be made up at the west end of this land continuing each side line so as to leaue the west end nere a square, Also they order that the surveyor Jonathan Danforth to perfect the said bounds according to this order & returne a true plott and record of the same to the said Comittee of Salem. Given under our hands 7 10mº 1678. Edmond Batter, Oliuer Pur- chase, William Johnson, John Whiple, Jonathan Poole.
"This Court Approves of the returne of the Comittee as to the Setlement aboue written Edw Rawson Secretary. A platt of this farme under Jonathan Danforths hand the sur- veyor is Given in and left on file as Attest Edwd. Rawson,* Secret." Copy made by Edw. Rawson,* secretary.
Memorandum, dated Billerica, 12 : 10 : 1678, of Jonathan Danforth,* surveyor: "from the hemlock by y old sawmill * Autograph. t Autograph and seal.
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[June
at Crane brook, runing north 59 degr. west, 167 pole which comes to ye woodden bridge at hadlocks to a rock in ye middle of y brook, all that part of m' Allins farme that lyeth north- ward of this line, containes nineteene acres, it is bounded northward by Nath. Putnam, and ye porters the farme has taken from Hadlock, one acre & sixty pole that part of ye farme at ye west end, that lyeth west of y popler and yª maple containes about twenty acres. 16 pole wide at north end and 39 pole wide at south end ye west line is 115 pole long There is left out of this farme on the south side, seuenty two acres which is contained with ye bounds mentioned in ye deed of sale & two acres left out on ye north side of ye line next Goodman Holtons."
Jon. Floyd, aged about forty-five years, testified that he went to Nathaniell Putnam's house and asked him if he had that nineteen acres of land in his possession that was ordered by the General Court to Mr. Allen and he said he had and would keep it until they took it away for it had been his for forty years. Deponent then demanded it, as attorney for said Allen, showing his power, but Putnam refused to make any agreement with him or Allen. "I for warned him for cootting the wood doowne any mor: boott he sayd he had coott & carried of that land wood & woold still: coott & carry away as he see caes I told him I wold pool doone that bridg wich he had made upone the fore sayd land boot dezired me to leet it alone because he sayd it will be a menes to destroye my Corne." Fransis Nors testified to the same, excepting the forty years' possession. Sworn in court.
Agreement of James Allen, t dated Apr. 15, 1677, to contend no more with Nathaniel Putnam about the bounds and that he is willing that a straight line be drawn from the hemlock tree, his easterly bounds, to the stony bridge over the brook, etc. Wit: Job Swinerton* and Joseph Huchinson .* Sworn in court.
John Weston, aged sixty years, deposed that he worked with Nathanell Putnam before 1652, when they fenced a parcel of land on the south side of the brook coming out of Mr. Bishop's meadow, which land lay on both sides of the brook, etc. Sworn in court.
"The bounds of a farme appertaing to the revrd M" James Allin of Boston, lying in Salem, on both sides ye Country road through Salem to ipswich, near Crane brook
"Begining at a hemlock, standing by ye old saw mill, on ye west side Crane brooke: from ye said hemlock runing up ye said brook seventy and eight pole to ye cratch in ye brooke, that is, where two brookes issue into one, || the brook being * Autograph. t Autograph and seal.
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119
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m& Allins faxme at Salem. 300. acus, Swaneyet. 9.10.16/8. by Jonathan Danforth, Swift. Scale 80.
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RECORDS AND FILES
1681]
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.
ye bounds so far:|| from thence six pole due north || to a maple on ye west side ye brooke marked with A:|| from thence North 75 degr: west 184 pole, which tooke in bishops old orchard and house place, from thence north 79 degrees & 30 min: west 156 pole, to a popler, then 16 pole in ye line beyond ye popler, to a stake from thence south 6 degr: west 115 pole, to a stake, standing upon a plaine, from thence south, 74 degres eastward 39 pole to a maple, & 360 pole beyound it in ye same line to a stake (taking a black oake old markit about ye middle of ye line) from this last stake ye line runes North, 14 degrees & 45 min: east eighty pole to the first Hemlock the wholl containes three hundred acres
"The which farme was laid exactly in all respects acording to an order given in writing under ye hands of m' Edmond Bat- ter, leift: Oliver purchas, leift. willm Johnson, Capt. John Whipple & Capt. Jonathan Pole, who were a committee impowered by ye Honrd Gen11: Court, octobr 2d 1678, to settle ye bounds of ye sd farme an exact platforme of ye said farm is affixed hereunto, laid out by Jonathan Danforth,* surveyor. 12 : 10m 1678."
Isaac Lewis* and Henry Skerry, sr.,* appraised, 13 : 3 : 1681, the land for Capt. John Floyd, attorney, at 3li. per acre, and the four score and three trees felled at 1s. per tree, making a total damage of 61li. 8s. Henry Skerry, sr.,* and Isaac Lewis* appraised the time since the committee settled this land on Mr. Allen to the present to be worth 3li. Sworn by Lewis, at Charlestown, 21 : 4 : 1681, before Jonathan Remington,* cleric.
Joseph Huchinson, aged forty-six years, and Job Swinerton testified. Sworn in court.
. James Allen, aged about forty-eight years, deposed that he heard Nathaniel Putnam say in the Court of Assistants at Boston in Sept., 1678, that he had made several agreements with Governor Endicott, another with his son and another with Mr. Allen, all of which he was willing to give up for a settlement by a committee of the General Court. Also at deponent's house, Putnam said, etc. Sworn at Boston, June 14, 1681, before John Saffin,* commissioner. Sworn in court in Salem by Frances Nurse.
Job Swinerton and Joshua Rea, aged about fifty years, deposed that they had known the land to be fenced for the past thirty years by Putnam. Sworn in court.
Edmund Batter, aged about seventy-two years, testified that he was at the measuring and laying out of Mr. Townsend Bishop's farm, now in the hands of Mr. James Allen, and deponent often spoke of the bed of wild cherry trees at the
* Autograph.
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1681]
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RECORDS AND FILES
Thomas Browne, sr. v. Mr. Tho. Laighton, sr., Andrew Mansfeild and Tho. Newhall, sr. Verdict for plaintiff. De- fendants appealed to the next Court of Assistants, with Capt. Richard Walker, as surety. Capt. John Floyd was confirmed as attorney to the plaintiff .*
west end of the farm which he saw about forty years ago. He was not in the place again until called by the committee of the General Court and he then found the wild cherry trees and an old marked tree at the edge of the swamp. They saw no such trees anywhere else in all their walk, and they laid out twenty acres beyond these trees to make up the farm. Sworn in court.
Joseph Houghton, sr., deposed the same and that he had not been where the cherry trees were for forty years. Sworn in court.
Samuell Nurs, aged about twenty-nine years, deposed that the committee in running the line between Mr. Allin's and Mr. Indicott's land, which land is now Frances Nurs', left without the line sixty acres on the south side and east end and two acres on the north side. Sworn in court.
* Writ: Thomas Brown, sr. v. Mr. Thomas Laughton, sr., Andrew Mansfeald and Thomas Marshall, sr .; for com- ing upon his land, pulling down his fence and laying claim to it, saying it was the town's common; dated June 23, 1681; signed by John Fuller, t for the court and town of Lyn; and served by Richard Hudd,t constable of Lynn.
Thomas Browne'st bill of cost, 3li. 5s.
Defendants' bill of cost, 2li. 11s.
William Bassett, aged about sixty-two years, deposed that being with Samuell Bennett, sr., and the selectmen of Lyn in 1667 running the line between Boston and Lyn, he being one of the selectmen, the land in controversy was in the Lyn bounds. Bennett agreed to all the bound stones and trees, and they judged it to be the town common. Thomas New- hall testified to the same. Sworn in court.
Thomas Bancraft, sr., aged about fifty-eight years, deposed that about 1655 he hired the farm, where now Daniell Hichens dwells, of Samuell Bennett, sr., and the land in controversy lay common for the free feed of cattle. Lately he heard that Thomas Browne had fenced in some of that land. Sworn in court.
Thomas Marshall, aged sixty-six years, deposed that being desired by Mr. William Bartelmew to go up with him to Samuell Bennett, sr., to see the bounds of a farm that Bennett had sold to Bartlemew, below a little hill in a plain, he t Autograph.
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told him it was surely beyond the bounds of Capt. Walker's farm. Bennett answered "though it bee soe I haue enough of boston Land to make it up." Deponent told the town what he said and they were much displeased. Then they made an agreement, which is extant. William Bassett, sr., testified to the same. Sworn in court.
Ralph Kinge, aged about forty-two years, testified con- cerning establishing the line. Thomas Newell testified to the same. Sworn in court.
Thomas Laughton, sr., testified that he and Thomas Wheeler were appointed by the town of Lyn to discharge Samuell Bennett's men for cutting off wood where he had set men to cut it, near the place called Plough plain, and they came to an agreement.
Copy of the country rate: Mr. King, 2li .; Mr. Burrell, 15s. 2d .; Thomas Chadwell, 10s. 6d .; Robert Driver, 3s. 11d .; Nath- aniell Hanford, 4s. 11d .; Will. Bartrome, 68. 8d .; Gerard Spencer, 4s. 1d .; Richard Johnson, 7s. 5d .; Will. Crofts, 6s. 5d .; John Kertland, 4s. 6d .; Thomas Farrar, 10s. 5d .; Jinkin Davis, 4s. 3d .; Robert Parsons, 3s. 11d .; Henry Col- lins, 14s. 10d .; Roberts Coates, 2s. 8d .; Edward Richards, 4s. 10d .; Richard Whitney, 4s. 2d .; Christopher Linsey, 3s. 4d .; Hugh Alley, 2s. 11d .; Michaell Spenser, 3s .; Marke Graves, 3s .; John Hood, 4s. 6d .; Robert Ran, 1s. 3d .; Will. Tilton, 6s. 11d .; Edward Ireson, 4s. 2d .; Richard Rooten, 11s. 11d .; Will. Harker, 4s. 4d .; Phillip Kirtland, 6s. 3d .; Joseph Redknap, 7s. 9d .; Robert Engolls, 6s. 6d .; Henry Engolls, 3s. 10d .; Will. Basset, 4s .; Will. Winter, 4s. 5d .; Henry Silsby, 4s. 9d .; Francis Burrell, 4s. 7d .; Will. Edmands, 4s. 1d .; Nathaniell Kirtland, 6s. 11d .; Nathaniell Tyler, 2s. 5d .; Joseph Jinks, 5s. 6d .; Edward Hall, 4s .; Mr. Hal- liock, 8s. 8d .; John Hawthorne, 8s.
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