USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 18
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Andru Touckeres bill of cost, 12s.
Joseph Gatchell, aged about thirty years, deposed that being in company with Mr. Abraham Kitveld at Mr. Ged- ney's some time the past spring Mr. Kitveld spoke about John Harinton's going in the ketch which belonged to him- self and Andrew Tocker. He said that "John Brown Colins Brown" was master of the ketch and Kitveld and John Har- enton were shoresmen, and their shares of the voyage came to 8li. 13s. Harinton's share was in Tucker's hands and the latter said he would not pay it because he thought Harinton had had his share already. Sworn, Sept. 21, 1681, before Bartho. Gedney, t assistant.
Thomas Mould, aged thirty-three years, and Humphrey Deverix, aged twenty-five years, deposed that about five months ago near Andrew Tucker's house they heard Tucker refuse to give Harinton an account of the voyage. Sworn, 21 : 7 : 1681, before Bartho. Gedney, f assistant.
Thomas Mould deposed that he was at Mr. Petherick's house at Marblehead Neck, etc. Sworn in court.
*Writ: Griffen Edwards, attorney and administrator in behalf of Mr. John Myles of Swansey and Anne his wife, the only surviving child of Col. John Humphreys, Esq., deceased v. Moses Maverick, John Legg, Richard Norman, John Peach, sr., John Peach, jr., widow Bartell, William Bartell, Thomas Pittman, Edward Norman, John Martin, Nicholas Merit, Richard Rowland, James Smith, Robert Bartlet, John Holmes and James Dennis; trespass, for assuming possession of a farm near Marblehead, containing about seven or eight hundred acres, which was formerly granted to and possessed by said Humphreys; dated Aug. 24, 1681; signed by Hilliard Veren,t for the court and town of Salem; and served by. Henry Skerry,t marshal, by attachment of the houses and land of said Legg, Maverick, Richard Norman, Bartlett, Holmes, Rowland and John Peach, sr.
Copy of a record of the General Court made by Edward t Autograph.
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Rawson,* secretary: "Att a Generall Court held at New Towne the 12th day of y first moneth 1637 or 38. Itt is Agreed that M' Humfrey his ground shall beginn at the cliff in the way to Marblehead, which is the bound betwixt Salem & Lynn; and so along the line betweene the said Townes to the rocks one mile by estimation to a great red oake marked, from which marked tree, all under & ouer the sd Rocks upon a streight line to the runing brooke by Thomas Smiths house all the which said Ground wee allow him for his owne, & so from Thomas Smiths to the sea in case the Ground Appeares to be m' Humfreys upon which Thomas Smith & Wu Witters houses stands with the Ground which they haue broken up by their houses by the Joint Agreement of William Traske, Natha Turner, Richard Weight, Abrah. Palmer."
Defendants' bill of cost, 5li. 3s. 4d.
Copy of papers in a similar action in Salem court, 24 : 4 : 1662, made by Hilliard Veren,* cleric.
Copy of a bill of exchange:
"To M' Robert Hathorne at M' John Winches on Ludget hill London. Be pleased to pay unto M. Lidia Bancks the some of one hundred pounds in october next and is for so much of hers received here, make her good payment & put it to the account of him who is y" to use "Salem : 19 : 9ber : 1651 Wm. Hathorne."
Jacob Willett'st receipt in full, dated 22 : 11 : 1675, to Maj. William Hathorne of Salem for 42li. 15s., to balance all accounts between said Hathorne and Lydia Bancks.
Jeffry Massy and Peeter Palfry testified that about nine- teen or twenty years ago, being called upon by John Johnson and the marshal to appraise the quoy ponds farm, this they did. Sworn, 2 : 4 : 1662, before Wm. Hathorne. Copy made by Hilliard Veren,* cleric.
Deed, dated 23 : 6 : 1655, given by William Hathorne of Salem, one of the attorneys of Mrs. Liddea Banckes, late of Salem, for 123li., to Mr. Moses Maverick, David Corwithin, Arther Sandin, William Charles, John Peach, the elder, and other inhabitants of Marblehead, the farm of 400 acres called the plains farm in Salem, adjoining Mr. Peeter's farm, with all the housing and fencing, excepting 50 acres and two ponds formerly granted to Mr. Downing, as per deed dated 24 : 7 : 1645. Copy from the records of sales in Salem then kept by Elias Stileman, recorder, made by Hilliard Veren,* recorder.
Copy of a record of the County Court held at Boston, July 26, 1664, made by Isa. Addington,* cleric: Wm. White, attorney to Lydia Bankes, spinster v. Major Wm. Hathorne; for withholding about 250li .; dated July 16, 1664; verdict for plaintiff, 56li. 15s. 7d. The jury declared that they did * Autograph.
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not allow the 24li. at Marblehead, but conceived that Mr. Hauthorne had his remedy in that respect.
"Beloued brother
"I receued yours datd the 30 of the 3 month 1645 and wrot to you againe by the last ship: but know not what the ship wass colld only my leter wase sent by M' Eldred now lest that may mis cary and not come to your hand and hering of Mr hackingses comming to you I thought feet to writt a loyne or to to you to glijue you to understand that by yor leter you haue sould my landes at the plains for 123li to be payd at 3 paimentes as aforsaid and you do nott queschon but that the payment will be soch that most of It may be retorn In to england by that time: my desier is therfor by the next ship that you will be plesed to make knowne unto mee what that payment is for I should be very glad if the payment might be made her In england and I sustaine no Dameg by it: and as the ceare of that I have Is holy committed to you I must Intreat you to send me word about my cattel what thay be and to advise mee what to do for I sopose some of them be very ould and whether thay be worth the keping for thay be very low and therfor whether they war not beter to be put In some other commodity I desire but advise: also I left at my brother mories a trunke, nu hanginges nue ruge nu boulster som nu cloth I haue neuer herd word from him senc I cam from thenc thou I haue writ to him seuerrall times I desier you to take som care of them and let me heare of them I cannot but acknoleg as I unfainedly do to Gods glory and my gret satisfection your brotherly care and crischen trauel for me beleueing that the same mesur shall be mesured out to you and yours in this world besides the boundles ron- ing ouer you shall haue to eternet In Jesus Christ which is the desier of her that Is your truly louing sister In christ "Maydston august the 28 1646. Lydia Bankes."*
"I canot writ acording first & sacont month becas I know not when thay begen.
"pray let my Inderred be presentted to your wife espectr as all so to m" dounind & her hosband desring them to reioyce with me for that the lord is ples to make ther sone a Instre- ment of praise In the hartes of tose that rejoyc to hear the sperit of god poured forth apon our yong men acording to his word let her know that he prech In our town of maidston a doy or to befor this letter wass wrot to the gret soport of our sperites
.
"also I desier not to be unmindfull of our reverent teacher & elder: the worthi m' endecut & all there with the hole church humble crauing ther ernest remembreng me to god * Autograph.
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that I may thro him cari forth his hole profision without any dishonr to his name."
On the reverse of the foregoing paper: "The psentment agst Redman is that he ploted wth the Indians for the cuting of Luter the master & 4 seamen more," as proved by his own confessin and the testimony of a boy aged sixteen years.
Letter addressed "To M' William Hathorne at Salem In New England:"
"Maidston 18th of Aprill, 1648
"S" I recd yo" of yo 14th of ye 8 month wherin I per- ceiue yor faithfull Endeavors as for yor selfe (or as y" say) if not aboue I am not ignorant of yo' Great paines & Cost that y" Constantly a" at in my behalfe I desire it may be Considered
"And now I perceuie y" haue in yo" hands about 80" for farme & Coues rent. I desire to know how much is behinde of ye payment of ye Land & wt the rent of the Cowes doe redound to; & wither I haue anything in M' Boarnmans hands of Ipswitch.
"And for y. 19li in Goodman Johnsons hands I desire it may be payd into you and haue accordingly writt to him. For those things wch were in Roger Moories hands Goodman Johnson had a prticular of, wth all ye rest of my things and soe I would deferr y" to him. And now Deare S' as I haue always found y" ready & willinge soe I must now further Engage my selfe to y" to Advise me in the transportation of my mony, woh for ye prsent I shall not doe untill I heare further from you. In yor last letter befor this yo" spake to me of lands y" had to sell heer if the times were peaceable wherin yu thoght y" Cold helpe me in ye transportation of it. Now I desyre y" to aduise me wt y" Can doe in yt or any other way For ye residue of ye paymt of Marblehead I hoope ere this Comes to y" lands y" may haue recd it: I was very thankfull to God to heare that you & yo" were well I trust ye Lord doth still prserue y" soe. Let my Christian respects bee prsented to my deare sister yor wiffe. As alsoe to o' reuerent Teacher, with ye rest of or Christian freinds In ye Armes of whose Loue I Leaue you
"Yo" Truly Lou: Sister in the Fellowship of ye Father & of ye Sonn
"Lydea Bankes .*
"My Brother Read hath written to y" this yeare & if yu send to him I desyre our letters may Come together: it being somtimes long ere mine Come to hand."
Peter Petford, fish delivered, a kentall of refuse and mer- . chantable; 2 kentalls for John Leg.
"10 : 6 : 48. Mr Smith sayth that what he had agst his * Autograph.
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man about offering violence to a woman was no other than what we had heard."
"7 score pounds or there about in answer. 5. 12. 48." "Deere Brother:
"Yours dated the 3d of the 4th Moneth 1645 I reseived thankfully acknowledginge your love & faithfullness in my business requested of you. I understand by you" that you haue sould my land for 123" and that it is to be payd for, at three payments (if I mistake not) the first to be this 4th moneth (the date heerof) the other that tyme 12 monethes. the last 12 monethes after it with the wch bargine of youres I am well satisfied and much acknowledge bound to you for your care & paines therein And good Brother let me be far- ther ingaged to you to take care that this first payment (now deew) may be returned over to me so as I may not abide my adventure in the cominge of it over, it beinge a great part of what God hath left me for my subsistence, the rest of the monny as it shalbe deew I shall depend one you to take care of for me for the prsent not aprehendinge I am like to remove hence. I left som things wth my Brother moorery but as yet I never heard from them, they are knowne to you.
"For my Cattell som of them are ould & scarse worth keepinge (as I understand) for I haue had noe proffitt of them since I came ouer so as I thinke it wilbe well to put them off & returned to me (yf you thinke fitt) but of this I desire your advise by the next one woh I shall atend this conveniente passage I mett wt by exedent and am unwillinge to omitt it havenge formerly over stript the poertunity of sendinge you shall by the next yeere oft me (god willinge).
"these with my endeered respects to your wife not for- gettinge our Reverent Teacher & his wife wt all our Christian Bretheren & sisters whose prayers to the Throwne of grace I humbly craue and Beseech the Lord to make up to you & yours my accompt.
"You' assured Lovenge Friend
"Maydstone in Kent June the 14th 1646 Lyddea Bankes."*
"It is desired by thos it doth conserne that if m" Hurts sone that was left at M' Venars be ther ore aliue that he be sent ouer the next pasaig ore elc he will louse a verie good estate which we doubt part is lost becaus he did not com sup- posing he had bine ded but if he com he shall haue sumthing and if any will bring hem he shall be paide for his pasaige."
Edward Richards of Lynn, aged about sixty-five years, testified that the plains farm lying between Mr. Ralph King's farm and the farm called Mr. Peter's farm was enjoyed and possessed by John Humphreys Esq., from the time he first came to New England to the time of his departure, and he * Autograph.
1681]
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had improved it by building, ploughing, sowing, fencing and feeding. Sworn in court.
Samuel Pike of Lynn, aged about twenty-seven years, testified that he had carried away about ten or twelve cords of wood for John Legg. off his lot, he had bought of James Dennis twenty cords of wood, also some of John Martin, and he had carted several cords for Marblehead men off the land. He had also seen several men of Marblehead hauling away timber and wood. Sworn, 26 : 7 : 1681, before Bartho. Gedney,* assistant.
Jno. Blany, aged about fifty-one years, testified that he carted off wood for Capt. Jeames Smith, the latter being with him, and Goodman Buckly employed him to cart fire- wood from Smith's farm at Marblehead plains. Deponent also carted wood from Mr. Maverick's lot, which is now in controversy, for Phillip Weltsh, Mr. Maverick's tenant. He saw Nicholas Merritt cut wood upon his lot and Goodman Pittman of Marblehead and his son cut and cart wood from there, and Eleazer and Jno. Linsy of Linn cut a frame which they said was for Jno. Codner of Marblehead. Goodman Poate of Marblehead lately had a frame cut there by one Goodman Sheldoun, a carpenter of Marblehead, and carted off by Samuell Pike and George Darling's son, Jeames Darling. Deponent heard Major William Hathorne say that he "tould Marblehead men that if they was not Contented And could not give them a good title and did not make good what hee sould them; that it was his Bargaine to give them there monye againe which was a hundred pounds and to take the farme againe." Sworn, 26 : 7 : 1681, before Bartho. Gedney,* assistant.
Edm. Batter* certified at Salem, 21 : 7 : 1681, that "about the yeere 1661, Joseph Humphrey & my selue were Adminis- trators togeather many acons ther were with men, I apeared in some in others I saw noe ground but he would by his owne will doe it: this Case of Marblehead farme wherein M' Mau" icke & others are Concerned I am very Confident that I did not at all joyne with Joseph Humphreys in that acon: & some others that he did psecute its many years since (I doe well Rember) he sd he woold try all that formerly hade been his fathers & hauing my purse at Comand did sue many I doe Rember but one or two acons that euer I joynd Issue with him & its like he would put in my Name with his own for he knew that we were joyned in it."
Michael Bowden, aged about thirty years, deposed that he was living on Marblehead plains on the lot that James Smith let to him, and had cut and delivered by his order sixty cords of wood. He had cut eleven trees from Nicholas Merit's
* Autograph.
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lot, had bought, cut and carried away wood from James Dennis' lot, had carted from Peach's lot wood for William Woods, had carted several cords of wood for John Legg and for John Codner, Nathanael Walton and John Martin. He had hauled away oaks and pines for timber for the use of Marblehead men, and wood for Moses Maverick from his lot, etc. Sworn, Sept. 26, 1681, before Bartho. Gedney,* assistant.
John Devereux, sr., aged about sixty years, and Thomas Bowen, aged about fifty-five years, deposed that they, having been many years inhabitants of Marblehead and still resident there and not concerned in the farm now in controversy, could testify that for the past thirty-four years, this land had been possessed by Marblehead men, etc. Sworn, Sept. 19, 1681, before Bartho. Gedney,* assistant.
Benjamin Parmiter, aged about seventy years, and Ed- ward Read, aged about sixty-five years, deposed that they, having been many years inhabitants at Marblehead and still resident there and unconcerned in the farm, could testify that the plain farm was bought of Maj. Hathorne about 1645 by Mr. Moses Maverick, David Corwithin and others, etc. Sworn, Sept. 19, 1681, before Bartho. Gedney,* assist- ant.
George Darling of Salem, aged about sixty-six years, tes- tified that he carried away a frame of a house for Jon. Codner and a frame of a house for Wm. Poet, etc. Sworn, Sept. 26, 1681, before Bartho. Gedney,* assistant.
William Bussy of Lynn deposed that living with Samuel Pike he had carted away wood for John Legg and wood from James Dennis' lot. Sworn, 26 : 7 : 1681, before Bartho. Gedney,* assistant.
Copy of Wm. Hathorne's account, made by Isa. Addington,* cleric: Mrs. Banks, Debt", 25 : 5 : 1664, Acctd with Jo. Putman, 26 : 4 : 1643 & paid him for keeping a bull and steer winter and summer with some other charges about the cattle, 2li. 10s .; Rates, 4s. 6d .; the Deacons for you, Ili. 1s .; 1644, p mr. Boarman as the overplus of 2 Cows, a steer, calfe and charges for the keeping them and fetching them home, 15s. 8d .; Rates for Town and Country, 6s .; keeping the steere, lli .; 1645, Rates, 6s. 4d .; keeping the steere, Ili. 5s .; 1646, Rates, 8s .; the steer keeping, Ili. 5s .; 1647, Rates, 5s .; 1648, Rates, 7s. 6d .; 3 Cows died, charges more than skins, 6s. 4d .; 1649, Rates, 10s .; 1650, Rates, 8s .; sent to Mrs. Banks, 1651, charges in Roger Morries sute, 1li. 15s .; bill of exchange one my Brother & paid by Mr. Winch in London, 100li .; differ- ence upon Exchange, 25li .; charges to Mr. Cromwell about Corne, 7s. 6d .; my charge in ferriage expence at bargain * Autograph.
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Jerimiah Neale, administrator of the estate of Mary Mans- field, executrix of the estate of her former husband John Neale, brought in an inventory on oath of about 31li., which was to be divided into six shares. Jerimiah Neale, the eldest son, was to have a double portion, the other four shares to be to Jonathan Neale and Joseph Neale, and the widow Ann Neale for the use of her children and the children of Jonathan Hart that he had by Lidea Neale.
Israell Honywell was released of his bond for good behavior, no one appearing to object.
John Pickworth dying intestate, court granted adminis- tration to Joseph Pickworth his brother, who was ordered to bring in an inventory to the next Salem court.
John Towne and Mary Towne, for fornication, which they confessed, were fined.
John Bager was fined upon his presentment.
Daniell Killam was fined upon his presentment.
Joseph Parker and his wife were fined for fornication.
Joseph Peasley, for abusing Peeter Green, was fined, bound to good behavior and disabled from bearing any weapon. Said Green was surety on the bond .*
makeing & the Deed & severall disburstments at receite of payment & my own time with a journy to providence to Roger Morie and 4 journies about laying out the farme one both sides in the yeares 62 & 63, 50li .; my ingagement to Marblehead either to disingage me or to allow me 24li., I being called to answer upon the same in an action in 62 at Salem Court in 1,500li .; total, 212li. 10d. Per Contra, Creditor: 1643, hire of 4 Cows to Jo. Putman, 6li. 5s .; Goodm. Laws, 10s .; Goodm. Hart, 1li. 10s .; 1644, hire of 5 Cows, 5li .; 1645, hire of 7 cows, 7li .; 1646, hire of 7 Cows, 7li .; a steer sold, 5li .; 1647, hire of 7 Cows, 7li .; 1648, hire of 4 Cows, 4li .; p Mr. Johnson, 13li. 10s .; 1649, 3 Cows sold more than keeping, 12li .; hire of a cow, lli .; an oxe of Roger Morries besides charge, 7li .; 1650, a Cow sold, 4li. 15s .; Roger Morrie upon sute, 10li. 5s .; Corne of that ground, 1li. 4s .; a Farme sold for £120 of which received 118li. 6s. 8d .; total, 211li. 5s. 8d.
*Warrant, dated Sept. 17, 1681, for the appearance, at Mr. Saltonstall's lodging in Haverhill, of Joseph Peasely, upon complaint of Peter Green, for abusing him on Aug. 12 last, by kicking and striking him so that he was taken for dead
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at the time and was for a long time in fear of death from the blows, signed by Nath. Saltonstall,* assistant. He appeared and was bound to appear at the next Ipswich court.
The declaration of Peter Green* as he lay upon his bed, dated Haverhill, Aug. 19, 1681: "On yº 12th instant wº was Friday last after the frame of James Davis his dwelling house & barne were both raised, & ye Company had been at dinner or supper; Joseph Peasely did so inhumanely & cruelly beat, strike & kick me, that by yt meanes & no other I have been forct euer since yt time as soone as I got home with much paine to keepe my bed & wholly disinabled from all manner of labour, & necissated to send for a Doctor from Newbery; & am yet doubtfull & fearefull what may be the event. Be- sides many base, unchristian and reproachfull names yt he y" called mee, & other words that he gave mee. In the time of this abuse offered mee there were first & last present or neare who heard or saw it, John Whittier, Thomas Whittier, Jotham Hendrick, Ephraim Roberts, Gregory Marks, John & Steph. Davis. His actions towards me were on this manner, He, on a suddaine, came up to me & gave me a violent chuck und' ye Chin, & y" catcht hold of my throat and pincht me so yt it made my throat sore & to swell, & then, whilst I stood, he gave me a kick on ye bottome of my belly whereby I am much wounded, & in much paine both night & day, my flesh much discolored, made black & blew & swell'd wth ye blowes, that if I should recover so as to go about I feare I shall never be my owne man as formerly W" he was thus in his rage & resolved & had me on ye ground abuseing of mee, he often entreated & prayed some that were then present to be gone; & turne away, & not to see, & was very earnest wth them so to do. After this when his furious, murtherous passion was seemingly somewhat allaied, & ye hurt I had received not viewed or knowne, he askt me whither I would goe home, & would have perswaded me to have gone wth him through ye corne feilds, we was out of my way & ye being refused by me, I went my owne way, & he went with mee, & y" w" wee came out of ye feild into ye street, or Highway, before I was aware of him he struck me so terrible a blow on the head, wth wo he did dazle & stound & fell mee, & when I was getting up againe as well as I could he struck me againe & laid me for dead, & wt blowes aft' that he gave me I cannot relate otherwise y" by ye effects, y' I find on my body; for y" Eph: Roberts, Joth: Hendrick, Steph: & Jno Davis, & Gregory Marks being in sight, came & tooke me for dead as they say, & cried out, feareing whither I would come to life or not; On we, as yy report, Joseph Peasely said Hang him dog, or drunk- en dog, I did but touch him wth my finger, or to that purpose. * Autograph.
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"At ye first time w" he had me downe & was upon me, he put his hand or fingers into my mouth and wounded my mouth, & in spetiall my tounge (wº I doubt not but he had a will to pull out) we caused it so to swell that I could hardly eat for two dayes; & then he cried out yt I bitt him; & y" immediately he tooke my finger & putt it into his own mouth, & bitt it sorely, ye wound whereof is yet apparent; besides other wounds & marks y he gave me on my nose, lipps, eye & face & head almost all over, wo is now weake & much pained. I do professe, & truely beleve that, had not ye good Providence of God by company being near prevented him, he had cer- tainely at that instant killed me in ye High-way: And I do still feare that if he be not by some speedie & effectuall meanes restrained by the Authoritie of ye Country he will privately & maliciously kill me, or mine or both; if not others also. Since this abuse one of my creatures is not to be found, and to say positively yt its gone by him, though I feare it, I cannot at present. This is not the 1": 2ª nor 3ª desperate abuses & attempts y he hath made upon ye persons of others, not to say how he carries it in his owne family to his Many un- sufferable cowardly tricks he hath plaid before towards others, wo tho hitherto hidden from Authority shall, w" called for, fully appeare, by we his temper, & w spirit of mallice rules in him, may be fully knowne. For one whereof he was formerly bound to ye Peace & Good behaviour, but since yt poured ye release of it by forbeareing outragious madnesse for feare of his bond for a small while, and to a good purpose indeed if this sore affliction which I feele & ly under by yo effects & fruites of his libertie."
Ephraim Roberts testified that after Peasely had chucked Green under the chin, Peasely took an apple off a tree, threw it on the ground and in a fury stamped it into pieces, saying to Green, "I could do wth you as to this apple & deale wth you, & throw you into ye river." Peasely challenged him then into the Plain field to fight but Green refused, saying, "I will go home ye street way by Jothom's house, we is my neerest way," and when they reached the street, he struck Green a blow, saying "Come, I will be loveing," to which Green replied, "Is this your Love?" When he had beaten him until he was unconscious, Peasely said to deponent and others that he was drunk and told them to haul him under a log and he would be well enough by morning. Thomas Whittier, jr., and Stephen Davis also testified. Sworn, Aug. 24, 1681, before Nath. Saltonstall,* assistant.
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