USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 16
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Nehemiah Jewet's bill of cost, 1li. 17s. 1d.
Richard Shatswell's bill of cost, 12s.
Bonus Norton testified that he was present when Jewet forewarned Goodman Satchwell for making a dam in the river. Sworn in court.
Samewell Graves, aged about fifty-four years, testified that at a town meeting in Ipswich he heard Corporall Gage, the lot layer, say that they reserved Egypt river for the town's use for the setting up of a mill or whatever use the town should see cause, so they did not lay out the lots to the river. Also that the town gave Shatswell a clear grant of Egypt river without any reservation to set up a mill to break hemp or for any other purpose, and this was many years before he had the grant about the fulling mill. Sworn in court.
Hanniell Boswell, sr., aged sixty-six years, and Joseph Carlton, aged eighteen years, deposed that Satchwell offered to pay Jewet for any damage but the latter refused to give him leave to dam the river, etc. Sworn in court.
Samuell Hunt, sr., testified concerning the town meeting a long time ago, etc. Sworn in court.
Jeremiah Jewet deposed that his brother Nehemiah Jewet's pasture fence had been floated by the dam. Joseph Carlton testified that Jewet's sheep made a continual way over the dam out of said Jewet's pasture. Sworn in court.
Mary West, wife of Twifford West, deposed that discours- ing with Mr. Joseph Flint, sr., about the bounds of her hus- band's land, etc. Sworn in court.
"The Surveyo's haueing feld 4 Trees on Nehemiah Jewets Land for to mend the Bridg Nehemiah hath liberty for soe many of the Common. March 16, 1669-70." Copy from the Ipswich town book by Robert Lord,* cleric.
Caleb Kimbell, sr., testified that, being in the woods with John Edwards and others looking for oxen, they found them in Mr. Jewit's field of rye at Wilson's hill on the further side of Egipt river. Corporal Gage was there and Mr. Jewit said that he would impound them but Gage said it would do no good for the land was common all the way by the river side to a little swamp near Cliffard's lot, etc. Sworn in court. "I John Pickard being Guardian of Nehemiah Jewet doth accept of the dwelling House in Rowley that was for- merly m' Bellinghams with all out Houses, & orchard and yards togather with fiue Acers of Ruff Marsh that lies in the Com- mon feild, & Ten Acers of salt Marsh, & fiue Acers of upland
* Autograph.
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154
IPSWICH QUARTERLY COURT
[Sept.
Joyneing thereunto, and four Cow gates, togather wth four Acers of that Marsh that was bought of Mark Quilter which lies in Ipswitch Common feild, & seauen Acers of meadow, that lies in the west meadows which was formerly Goodman Gages & Goodman Kingsburies and the rest of the upland Lying betweene Wilson Hill & Egypt River being the Re- mainder of that Land that Maxemillian Jewett had for the two young Children Joseph & Faith. The Ten Acres of salt Marsh aboue Mentioned, Lying west of m' Nelsons four- teene Acers, being in the Marsh Farme. This I doe accept for the full share of Land that falls to the aboue Nehemiah Jewet." Copy from the second book of records of lands for Essex, Apr. 6, 1664, by Robert Lord,* recorder.
Thomas Lambert and Daniell Wicam appraised the damage to Jewet's land upon the northwest side of Egypt river above Richard Shatswell's fulling mill dam to be 20li., and 3li. for the fence. Sworn in court.
"Theophilus Wilson is possessed of an house Lott & other Lands & also Thirty & Two Acers of upland beyond Egypt Riuer butting upon the same Riuer on the south East: haueing Land of Jnº Jacksons on the North East & Land of Ralph Farnums on the south west & to enjoy. all the said Lands to him his Heirs & assignes for euer: entred the 16th day of the 11th moneth 1639." Copy of part of his grant made by Robert Lord,* recorder.
"13 feb 1676 at a Towne Meeting Granted to Richard Satchwell Liberty to set up a fulling mill upon Egypt River aboue the Road to Rowley prouided he finish it within Three yeares or els to be voyd." Copy out of Ipswich town book made by Robert Lord,* cleric.
"Ordered p the Selectmen ye 7. 2. 1681, whereas Richard Satchwell had the 13 feb. 1676 a grant for a fulling mill pro- uided that he finished it wth in Three y's after that. It being aboue four years since & the Towne not haueing had any profit by it as yet till that he get it renewed by the Towne againe wee in the Townes behalf order that he forth with lett goe all the water that flows the Townes Common by his stop- page: or upon his neglect we shall appoynt some other per- son within Ten dayes: And what damage shall acrue by his digging up the Common he shall (upon not filling of it up) pay doble damages." Copy from Ipswich town book made by Robert Lord,* cleric. Robt. Lord, sr., was appointed by the selectmen to read this order to said Satchwell, which was done.
Copy of will of Joseph Jewett of Rowley, dated Feb. 15, 1660, and proved Mar. 26, 1661 at Ipswich court: "Imprimis after my debts be payd, I desire the rest of my goods may be * Autograph.
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1681]
RECORDS AND FILES
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equally devided amongst my seaven children, as well [as] those two that I have by my last wife, as the five I had before Allwayes provided that my eldest sonn Jerimiah Jewett must have a dubble portion of all my estate I have both in New England, and Old, whether psonall or reall, further pvided that one hundred pound, I have allredy payed to my sonn, Philip Nelson, that shall be counted as part of what I doe now give him; Item I doe give unto my sonn Jerimiah Jewett the farme I bought of Joseph Mussye I meane all such Lands bought of him, or any other that are on the Norwest syde of the River called egipt River with all the meddow I bought of Nathaniell Stow, and Robert Lord, sein', provided he acsept of it, att five hundred pounds, and wheras|| in the fourth line|| it is sayd I desire the rest of my goods to be equally devided amongst my seaven children, I meane Lands as well as goods, and if any of these my ||abouesayd|| seaven children, should depart this life, before the age of twenty one yeares, or day of mariage, then there portions shall bee equally devided amongst the rest, allwayes pvided my eldest sonn Jerimiah shall have a dubble portion, and as for my two youngest children and there portions, I leave to the disposing of my brother Maximilian Jewett and who he shall apoynt when he departeth this life, And I make executors of this my last will and Testament my Brother Maximilian Jewett, and my sonn Philip Nelson my sonn John Carlton and my sonn Jerimiah Jewett, allwayes free and willing that they shall be satticefied out of my estate for all such paines and labour, that they shall be att concerneing the aboue prem- isses." Wit: Ezekiell Northend and Mark Prime. "Att the signeing and sealeing heerof I doe giue my executors full power to make deeds, and to confirme any Lands that I have sould to any." Copy from the Ipswich court files of Mar. 22, 1663, made by Robert Lord,* cleric.
Maxemilian (his mark) Jewett and Nehemiah Jewett* certified that "wheras In a devision of the Lands of Joseph Jewett made amongst the executors & overseers of Joseph Jewett his estate & his Children it is specified that max- imilian Jewett being overseer of the two youngest children doth except of threscore pounds worth of land Lying in Ips- wich bounds Joyning on wise hill. &, The remainder to fall to Nehemiah Jewet this being the third of Aprill 1665. maxi- million & Nehemiah hath devided & the said Maxi: doth ex- cept of all the land more or less that lieth well without a stake upon wise hill end & a Tree a small red oak standing by Egipt River side. being five acers or there about within where the old fence stood & soe the said Nehemiah is to have
* Autograph.
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156
IPSWICH QUARTERLY COURT
[Sept.
Ruth White v. Allexander Maxey. Appeal.
Ensign John Gould, in behalf of his wife Sarah Gould v. Tho. Maull. Debt. Special verdict, if voluntary promise of defendant for a supposed courtesy done formerly be bind- ing in law, they found for plaintiff; otherwise for defendant. The question of law resolved in the negative .*
Samuell Moulton v. Joseph Porter. Appeal from a judg- ment of the Worshipful Major Generall Denison, Esq., tried on July 18 last. Verdict for defendant, confirmation of the former judgment. Appealed to the next Court of Assistants.
ye Remainder." Wit: Jeremiah Jewett,t who helped to divide it, and Sarah (her mark) Jewet. Sworn in court.
*Writ, dated 22 : 7 : 1681, signed by John Redington, t for the court and town of Topsfield, and served by John Williams,t deputy to Henry Skerrie, marshal of Salem, by attachment of a bed, table, carpet and trunk of defendant's. Thomas Maule's bill of cost, 14s.
Jonathan Flint, aged about sixteen or seventeen years, testified that, being at his master Maule's shop about the time that the latter made search for his goods which were stolen out of his shop, he heard John Gould's wife say that as for the five pounds Maule promised her for being instru- mental in finding his lost goods, she would not accept it. She desired Maule to be lenient with her brother Perkins and that would satisfy her. She said, "my hosbon is soe angry with me for what I have don in this case that I am a wery of my lif." Sworn, 26: 7: 1681, before Bartho. Gedney,t assistant.
Edward Flint testified to the same. Sworn, Sept. 6, 1681, before Bartho. Gedney, t assistant.
John Williams, aged about forty-five years, deposed that he heard Maule promise Gold's wife on Sept. 22 that he would give her five pounds. Sworn, Sept. 23, 1681, before William Browne, t assistant.
Willyem Smeth and John How deposed that they heard Mall promise the money, saying Sarah Gould should have it out of that bill which Thomas Perkins gave him, to be paid in money, and Sarah thanked him for his love and ac- cepted it. Sworn in court.
Samuell Stace, aged about twenty-five years, and Jon- athan Flint, aged about sixteen or seventeen years, deposed that they were at Maule's shop about candle light, etc. Sworn, Sept. 26, 1681, before Bartho. Gedney, t assistant.
t Autograph.
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1681]
Samuell Moulton bound, with Walter Fairefield and Richard Hutton as sureties .*
*Joseph Porter's bill of cost, 17s. 10d.
Reasons of appeal from a judgment of the Honoured Major Generall Denison given in to court by Samuell Moulton, t constable, and received Sept. 22, 1681 by Daniel Denison.t Copy of the papers in this action made by Daniel Denison:t Joseph Porter v. Samll. Moulton, constable of Wenham; replevin; for illegally distraining four pewter platters; July 18, 1681, judgment was given for plaintiff; defendant appealed to the Ipswich court, with Walter Fairefeild and Richard Hutton as sureties.
Writ of replevin, dated June 27, 1681, signed by Hilliard Veren, t for the court and town of Salem, and served by Jon- athan Walcot, constable of Salem.
Samuell Moulton testified that the four pewter dishes taken from him by Jonathan Walcot of Salem had been dis- trained by him at Joseph Porter's for the latter's country rates and were appraised at 13s. 3d. by John Batchelder and Samll. Kimball.
Copy of a record of the General Court, Oct. 15, 1679: "This court being sensible of the difference betweene Wenham & Beverly & the village relating to a divisional Line betweene them, as to a suitable accommodation in way of proportion betweene them, in way of proportion betweene each place, doe appoint and impower Capt. Jo. Wayte; Leiut. Willm. Johnson, Capt. Jonathan Poole & M" Richard Hubbard, to joyne with 3 others that Salem shal choose who are hereby required to make choice of 3 able men of their owne towne to joyne with the aboue named, as a Comittee on the place, & are hereby impowred fully to settle the divisional line, & finally to conclude the matter in controversy Betweene Salem & Beverly and the village aforesd, And also to con- sider & finally to conclude the matter in controversy betweene Salem & Beverly relating to an addition of land out of Salem, And what the major part of the persons aboue named shal agree upon, shall be a final issue of these matters, who are to make returne of what they doe to the next Genll. Court. Capt. John Wayte to appoint time & place the charges to be borne by Salem Wenham & the village; in equal proportions." Copy made by Edward Rawson, secretary, and copy of that copy by Daniel Denison.t
"At a Gen !! Court of election held at Boston the 10th of May 1643 It is ordered that the Agreement betweene Ips- wich & Salem be recorded the 27 of the first month 1643."
t Autograph.
158
IPSWICH QUARTERLY COURT
[Sept.
"At a meeting of us whose names are underwritten, chosen by the townes of Salem & Ipswich & hauing full power of either towne to agree & determine the same as followeth. Imprimus wee conceiue that the meeting houses of the two townes North, Northeast halfe a point easterly & south south- west halfe a point westerly; whether it be exactly so or noe, wee are fully agreed that the line betwixt the two townes shal run as followeth from the bound tree neere John Faire- feilds house west northwest halfe a point Northerly & east southeast halfe a point southerly as the trees are marked both wayes from the said bound tree William Hubbard, John Tuttle, Joseph Young, Roger Conant, Jeffrey Massey, John Balch, Thomas Howlett, John Gage." Attested by Edward Rawson,* secretary, and copy made by Daniel Denison .*
At a general town meeting Mar. 22, 1671-2, "Voted that all farmers that now or hearafter shall be willing to joyne together for providing a minister among themselves whose habitations are aboue Ipswich high way from the horse- bridg to the wooden-bridg at the hether end of m' Endecots plaine and from thence upon a west line shall have liberty to haue a minister by themselues and when they shall haue procured one and pay him maintenance that then they shall be discharged from there part of Salem ministers maintenance and this to continue so long as the minister abides with them and is maintained by them provided alwayes that they shall beare all other Charges whatsoeuer amongst themselues both with respect to the meeting house and ministers house or otherwayes whatsoeuer in carrying on this worke and allso leave there proportion of all other publicke charges in the Towne." Copy made by Jo. Hathorne,* recorder to the selectmen.
At a meeting of the selectmen, Nov. 26, 1649, "It is Agreed that the two hundred acres of upland wch was taken from m' Downings farme, by the great meaddow towards wenham shall be granted againe to him in consideration of his paines, for transcribing the towne book of records to be kept for posterity, so the farme to be fiue hundred acres according to the former grant." Copy from the Salem records made by John Hathorne, recorder, and copy of that copy made July 13, 1681, by Daniel Denison .*
"The 27 of the 10 mº 1638 Whereas there were former grants of land to M' Emanuel Downing of five hundred acres, nere unto M' Bishops farme; & one hundred acres thereof, taken in exchange of one hundred acres to be added to the farme which he purchased of m' Cole, the sd M' Downing finding the sd farme unfitt for husbandry in regard of want of plow land, wee haue upon his request granted unto him one
* Autograph.
159
RECORDS AND FILES
1681]
hundred acres more to be adjoyned unto the sd farme; where- by he may be incouraged to plowing for weh hundred acres, he doth hereby resigne up unto the towne one hundred acres more of his first grant of five hundred acres, so that there is now remaining unto M' Downing but three hundred acres thereof." Copy from the Salem records made by John Hath- orne, recorder to the selectmen, and copy of that copy made by Daniel Denison .*
At a general town meeting 2 : 9 : 1678, "chosen to be of the Comittee appointed by the Gen11 Court to end the difference betweene Wenham, Beverly & the village & the matters in controversy between Salem & Beverly Capt. John Corwine Mr Samuel Gardiner, sr., Lt. John Putnam." Copy made from the Salem records by John Hathorne, recorder to the selectmen, and copy of that copy made Oct. 19, 1680 by Daniel Denison .*
"Wee whose names are underwritten being impowred by the selectmen of Salem to settle bounds between the towne of Salem & Wenham haue made this tender unto Wenham men in order to agreement, to run a straight line from the place where Beverly and Wenham meete, at the westerly corner of their bounds, & joyne to Salem bounds, and so to run to the eastward of Joseph Porters house, twenty rod & so to Topsfeild line. Salem 13 : 10 : 80 Nathaniel Put- nam, John Putnam, sen', Joseph Hutchinson, Daniel An- drews." Copy made by Daniel Denison."
"In answer to the abouesd proposition, the selectmen of wenham hauing mett with the aboue mentioned Gentlem" being a Comittee appointed by the selectmen of Salem, as appeareth by their order to us Dated 3 Decemb: 1680 to settle bounds betweene Salem & the village; wee accept not of the abouesd proposition, But now are ready, & doe hereby proffer the abouesd Gentlem" to goe with them and make bound marks upon the west line from the pine stump according to the Comittees returne & as Salem & wee did run it together for a tryal, 13 : 10 : 80. Thomas Fiske, Walter Fairefeild, Charls Gott, Willm. Fiske, John Batcheler, select- men." Copy made by Daniel Denison."
At a meeting of the selectmen 27 June 1678 In answer to the petition of the Inhabitants of Wenham to giue our minds Concerning a division betweene Beverly & Wenham & to grant them their owne proprietyes, woh lye without their line to the first we desire that considering Wenham is the antientest towne, the line betweene Wenham & Beverly may be setled in favor to Wenham, Beverly hauing a far larger accommodation, in proportion then Wenham, And as for granting them the land they motion for without their * Autograph.
160
IPSWICH QUARTERLY COURT
[Sept.
line, wee find that the towne of Salem has already granted away so much land that they cannot spare any more without much streightning themselues & the land they desire is already granted to be within that line woh Salem allowed to Salem village for the maintenance of a minister amongst them." Copy from the Salem records made by John Hathorne, re- corder to the selectmen, and copy of that copy made Oct. 16, 1680 by Daniel Denison .*
Joseph Porter's bill of cost, 2li. 4s. 4d.
Samuell Molten's bill of cost, 2li. 2s. 6d.
Joseph Porter testified that seven or eight years ago he heard Samuell Molton say that the bounds by the causeway were the bounds between Salem and Wenham. Copy made by Daniel Denison .*
Nathaniel Putnam and Joseph Hutchinson testified that they, being chosen by the selectmen of Salem to settle the six mile line between Salem and Topsfeild, made return that Joseph Porter's house and his improvements were within the lines of Salem and Topsfield. Sworn, July 18, 1681, before Daniel Denison .*
Richard Hutton of Wenham, aged fifty-eight years, de- posed that about fifteen or sixteen years since Thomas Fiske and himself were appointed by Wenham to run the line be- tween Salem and Wenham. They met by appointment with old Goodman Herrick and Samuel Corning, sr., in behalf of Salem. "We began our worke at a swamp & marked a tree by Wenham causeway on blind hole side, & from thence wee ran our line to a pine stumpe, from the pine stump to a white oake at Lords hill from thence to a little shrubbed oak by the pond side where wee layd some stones this was our first dayes worke the next time wee mett about the per- ambulation which was quickly after, wee renewed the bounds on the east side of the pond woh was the brooke, & wee began at that end of the brooke next the pond where the mill for- merly stood, & wee run out the line as the brooke runneth neere to Longham Bridg, confirming the sd brooke to be the bounds so far, but could not goe farther, because wee could not gett ouer the water but it was intended by all of us as I understood by the discourse wee had that wee should have gone the per- ambulation to turnep swamp." Sworn, 23 : 3 : 1679, before Willm. Hathorne, assistant. Copy made by Edward Raw- son, secretary, and copy of that copy made by Daniel Denison .*
Charles Gott, aged about forty years, and Walter Fairfield, aged about forty-seven years, deposed that "when the Com- ittee were mett together the last winter to settle the division lines betweene Wenham & Beverly & betweene Wenham & the place called Salem Village, wee were present with them * Autograph.
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1681]
& when the matter beweene Wenham & the sd Village began to be discoursed betweene Wenham men & the Comittee the Gentlemen of Salem who were of the Comittee asked Wenham men what they begged of Salem || who replyed || that they had shewed in the petition woh was that they might take in Daniel Andrewes & John Leech & Joseph Porter & so to Topsfeild line, & after much discourse about that, the Comittee asked Wenham men what a west line from the pine stump would doe & Wenham men answered they did thinke that would doe them but little good, & Capt. Fiske replyed that he did thinke it would not take in the sd Joseph Porter, but Leiut. John Putnam a dweller in the village & one of Salem Gentlemen for the Comittee made answer to the Com- ittee & told them that a west line from the pine stumpe would take in the sd Porters to Wenham & goe many poles to the Southward of his house and also that that line would take in . Brother Thomas his meaddow & his owne meaddow or part of it, and wee hauing tryed the line since with a compass wee haue found that the sd Putnam was not much mistaken." Sworn, June 3, 1679, before Edward Tinge, assistant. Copy made by Edward Rawson, secretary, from the General Court files, and copy of that copy made by Daniel Denison .*
Richard (his mark) Hutton certified that whereas he gave in testimony before the committee at Goodman Woodward's concerning perambulating the line between Salem and Wen- ham, saying that they began their perambulation on Tops- feild side of the meadow, he must explain his testimony. He never knew there were any bounds any further than the pine stump. Wit: Thomas Patch and William Fiske. Sworn, May 26, 1679, before Daniel Denison .*
Joseph Porter and Daniel Andrewes testified that they heard several of the committee affirm that they would not have signed the return had not several Wenham men said that the line would go twenty poles to the north of Joseph Porter's house. A short time after the committee had deter- mined the west line, they heard Capt. Fiske say that he had wagered a quart of wine that a west line would run to the north of Porter's house from the pine stump. Sworn, May 25, 1680, before Peter Bulkley, assistant. Copy from the General Court files made by Edward Rawson, and copy of that copy made by Daniel Denison .*
William Johnson and John Wayte, a committee of the General Court, appointed Oct. 2, 1678, to settle the bounds between Salem Village and Wenham, deposed that their agreement was not based upon Wenham men's information any more than the information of Leiut. John Putnam, one of the Villagers, and other gentlemen of Salem. Sworn,
* Autograph.
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162
IPSWICH QUARTERLY COURT
[Sept.
Isaack Hull, jr. v. Ezekiell Woodward. Trespass. By illegally improving plaintiff's land. Verdict for plaintiff. Defendant appealed, but later withdrew the appeal .*
1 : 9 : 1679, before Humphrey Davie, assistant, and copy made by Daniel Denison.t
James Freind, aged about forty years, and Walter Fair- feild, aged about forty-nine years, deposed that the line was run from the pine stump by the swamp that runs out of Law- rence Leech's meadow. Also that Porter's house was taken into Wenham about fourscore rods, a compass being used. Sworn, July 18, 1681, before Daniel Denison, and copy made by Daniel Denison.t
John Poland, now living in Ipswich, aged about forty-six years when he lived in Wenham, about fifteen or sixteen years ago, testified that he, Thomas Fiske and some others for Wenham ran the line, etc. Sworn, 26 : 3 : 1679, before Wm. Hathorne, assistant. Copy from the General Court files made by Edward Rawson, secretary, and copy of that copy made by Daniel Denison.t
*Writ: Isaac Hull, jr. v. Ezekiell Woodward; trespass; for illegally improving his land in Wenham the past sum- mer, before the terms were completed or lease given; dated 21 : 7 : 1681; signed by Thos. Fiske,t for the court and town of Wenham; and served by Thomas Fiske,t constable of Wenham, by attachment of the barn of defendant.
Copy of the Salem court records and files, 30 : 9: 1680, in the action brought by Isaac Hull, husband of Sara, relict of John Solart, jr., against Walter Fairefeild, executor of the will of said Solart, made by Hilliard Veren,t cler.
Copy of writ of execution, dated 12 : 7 : 1681, signed by Hilliard Veren,t cleric, and served by Henry Skerry,t mar- shal, who delivered possession of the land by turf and twig to Isaac Hull. Isaac Hull's bills of cost, Ili. 4s. 6d., and 2li. 14s. 9d.
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