USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 19
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Gregory Marks and John Davis testified. Sworn, Aug. 25, 1681, before N. Saltonstall,* assistant.
Jotham Hindaraks, aged thirty years, deposed that Peasely * Autograph.
184
IPSWICH QUARTERLY COURT
[Sept.
Fines set by Major Genrll. Denison, Esq., for misdemeanors of several persons brought into court and delivered to the Treasurer, 8li. in money, John Baker six shillings and Quarter- master Perkins five shillings not paid.
Capt. Nath. Saltonstall, Esq., gave in Hugh Stone of An- dover fined for being drunk, 10s., to be paid in or as money, and John Page of Haverill 20s. money for disorderly selling drink.
Jonathan Gatchwell, bound to this court for suspicion of uncleanness, was ordered to appear at the next Salem court, and was ordered to be committed until he secure sureties on his bond.
John Doderige, being convicted of stealing 5li. 8s. in money, was ordered to pay the party 16li. 10s.
Mr. Frances Wainwright had his license renewed until March court.
Mr. John Wainwright had his license renewed until March court.
Thomas Judkin had his license renewed until June court. Erasmus James had his license renewed until June court.
John Severns of Haverill had his license renewed for a year. Mr. Farley had his license renewed for a year.
Daniell Clarke of Toppsfield had his license renewed for a year.
Upon a certificate received from Mr. Tho. Kellon, mer- chant, of the death of Nicholas Walingford, administration upon the estate was granted to Sarah Wallinford, relict of said Nicholas, and Caleb Hopkinson, who were ordered to bring in an inventory to the next March court.
Thomas Lambert, guardian of Abigaill Lambert, was bound in 200li.
Upon complaint of John Lighton against John Newmarsh, the latter was admonished .*
felled Green to the plain near "my further bearn," etc. Sworn, 21 : 7 : 1681, before N. Saltonstall, t assistant.
*Copy of writ: John Newmarch v. John Layton; for strik- ing and abusing James Tanler, his apprentice, in the highway when he was coming home; dated June 22, 1681. Copy made by Robt. Lord. On the reverse of this paper: "Sami1 t Autograph.
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185
1681]
RECORDS AND FILES
Serle, James Garrow, Tho. Tredwell, Elisha Tredwell, Sam. Hodgkin."
John Leighton complained against John Newmarch, sr., that he was only discharging his duty as a tythingman, etc.
John Leighton and Daniel Hovy testified that "upon a Training day having heard the Honoured Major Gene11 Denison when he dismissed his Band, say to the Company, that they should Repair to their homes, and not to shew the world their folly to be a shooting of their Guns (or to that affect) we being Tithingmen, and under an oath, were conscious of the same, and went to Places where we suspected rudeness to be, And one of these places was the House of John Berries for I the said Daniel Hovy Espying a person going into the said house did Guess by the persons acting that there was Company there (it then being about Ten or Eleven of the Clock at Night) did say to John Leighton (then with me) shall we go in to the house and see what company is there, so the said John Leighton went in (and I followed him) and John Leighton Asked what company was there? and a womans voice Answered (which I John Leighton knew to be the wife of John Berry that Answered) That there was no body there but a drunken fellow, and further said, that shee was glad we came, that shee might be Rid of him, for they could not get him out of their house, at which words, I the said John Leighton espied a person that went to go out of the said house, and Justled against the doore, as he went out, and staggered much as he went out of the said house, did say to Daniel Hovy, I think he is Drunk Indeed; and seeing the person, knew him to be John Newmarch his man (which person we saw the training day before at Night at another house very much in drink and we did warn him of it, that if we so found him hereafter we would complain of him) whom we now saw in such a drunken case was resolved to have him to athority, by Reason of our oath, we were conscious of Letting him go free in such a case, I the said John Leighton spake to Daniel Hovy to Lay hold of him, And I Daniel Hovy went to Lay hold on him, but he slipt away, and went staggering from him homewards, up the Long street wards, and we both fol- lowed him, and he (the said Newmarch his man) had a good bigg Cudgel in his hand and as I Daniel Hovy went to him, he with his Cudgel struck at me and I holding up my stick that I then had in my hand to keep the blowes off from me, one of his blowes broke my stick in two, at which time, I John Leighton was come up to him, seeing the said man so Rusticated did say unto him, What art thou mad? at which words the said man struck me a sore blow aiming at my head, but onely struck the side of my head and glanced away upon my shoulder, upon which I said, what! shall wee be thus
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186
IPSWICH QUARTERLY COURT
[Sept.
Deacon Goodhue was discharged from being administrator of the estate of Thomas Gidding.
Reckoned with the Treasurer Sept. 30, 1681, and then was due to the court 9li. 2s. 11d.
Major Robert Pike, Capt. Thomas Bradbury and Henry Browne were appointed to end small causes in Salsbury for the ensuing year.
Court ordered this caution to be recorded: "Whereas Phillip Welch and his famaly are come this somer to resyde in this Towne of Ipswich, The selectmen haveing warned out of this Towne by the constable, He refuseing to returne to the place whence he came The selectmen desire to enter this caution with this court yt the sayd Welch & his famaly may not by resyding become chargable to The Towne by order of the selectmen."
Court approved this request of Henry Osborne: "Whereas I being at present In such a condition that I cannot attend my calling, nor carry on family affaires as I could or ought to doe, have desired the selectmen to take care of me and my estate to my best advantage as they saw meete, and they have deferd, or rather referd, it to this court, my humble request is, that they in their wisdome would take such care for me and mine, and what I have, as they shall judg best for my good being uncapable to take care for myselfe, and
abused by a drunken fellow, did then close in with him, who gave me a hunch upon my breast with one hand and his other hand had hold on my Neckcloth, And then he gott from me and ran staggering a little way where he soon fell down but as he was going, I being so abused by him, did call out to Daniel Hovy, what! shall we be Thus abused by a drunken fellow, knock him down, knock him down, we both then went to him where he was fallen down, and Took him one by the hand, and the other by the other hand for he was very drunck, and could not get him along he would fall so much and I John Leighton then said to Daniel Hovy, stay you with him, and I will go to his Master he being a Tithingman to take charge of him, so I went to his Masters house but he not being at home I left word at his house of the condition of his man and charged his two sons to Asist me, who Refused ex- cept I had a warrant. And in the Time aforesaid of ye said Newmarch his mans abusing us by blowes, he spake very un- seemly wicked and very sinfull words, not fitt to be spoken."
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187
RECORDS AND FILES
1681]
to that end I request that Simon Stace and Thomas Lull may be Impowered to act as in their discression they see meete."
John Clarke of Gloster dying intestate, Major Genrll. Den- isin, Esq., and Major Samuell Appleton, Esq., appointed Joseph Clarke, his brother, administrator of the estate on Jan. 12, 1681. He was bound with Wm. Sergent as surety.
Nathaniell Wells dying intestate, Major Generall Denison, Esq., and Major Samuell Appleton, Esq., appointed Liddia. Wells, the relict, administratrix of his estate and ordered her to bring in an inventory to the next Ipswich court.
COURT HELD AT SALEM, NOV. 29, 1681.
Judges: The Honrd. Majr. Daniell Denison, Maj. Salton- stall, Esq., William Browne, Esq., Bartholmew Gedney, Esq., and Majr. Apleton, Esq.
Grand jury: Nathaniell Putnam, William Trask, Christopher Babbadg, James Symonds, Henry West, John Loomes, Robert Going, Thomas Farr, John Newall, jr., Robert Leach, John Killum, Ensign Samuell Corning, William Griggs and Erasmus James.
Jury of trials: Capt. Tho. Fisk, Leift. John Pickering, Mr. Ben. Marstone, Mr. Daniell Andrewes, Seargt. John Leach, Danill Hitchin, John Edmonds, Jacob Knight, John Ingolls, Mr. William Rayment, James Davis, and John Peach, jr.
Isaack Williams v. Humphry Devorix. Verdict for plain- tiff .*
Writ: Mr. John Appleton, jr., assignee of Phillip Muddell v. Joseph Elwell of Salem; debt of four pounds in money or dry fish, by bill dated Dec. 18, 1676, with interest; dated July 16, 1681; signed by Robert Lord,t for the court and town of Ipswich; and served by Robert Lord,t marshal of Ipswich, by attachment of house and land of defendant.
Writ: Ezekiell Woodward v. Isack Hull; review of a case tried at Salem in Nov., 1680, between said Hull and Walter Fayerfield, executor of the will of John Solart; dated 13 : 7 : 1681; signed by Thos. Fiske,t for the court and town of Wenham; and served by Thomas Fiske,t constable of Wen- ham.
*Writ: Isaack Williams v. Humphry Devorix; debt; t Autograph.
188
SALEM QUARTERLY COURT
[Nov.
dated 19 : 9 : 1681; signed by Hilliard Veren,* for the court and town of Salem; and served by Henery Skerry,* marshal. Bond of Humphry Devorix* and Henry (his mark) Trevet.
Isaack Williams' bill of cost, 2li. 9s.
Copy of bond and other papers in a similar action, 28 : 4 : 1681, in Salem court.
Nathaniell Pease testified that he delivered, on account of Isack Williams, a parcel of hides to Humphrey Devorix about four years ago. Sworn in court.
Joseph Gatchell, aged about thirty-two years, testified that the bond was given in full settlement of their accounts, at which time Deverix owned to deponent that he had re- ceived a parcel of dry hides in consideration of the former bill for which this collateral bill was obtained, worth 4li. in money, etc. Deverix said he would give deponent 20s. if he would not tell what he knew about the transaction. Sworn before William Browne,* assistant, and owned in court.
William Andrew, aged about twenty-three years, testified that he delivered the hides to Humphry Deverex out of Capt. George Corwin's warehouse upon Isaac Williams' account on Mar. 2, 1677-78. Sworn in court.
John Willkingson, aged about thirty-four years, deposed that the bill dated June 20, 1680, etc. Sworn, before William Browne,* assistant, and owned in court.
William Andrew, aged about twenty-three years, deposed that the hides were worth 4li. 3s. 4d. Sworn before William Browne,* assistant, and owned in court.
Isack Williams and Margrey his wife deposed that they never had dealings with Humphery Deveriex after June 20, 1680. Isack Williams, jr., and Joseph Getchell testified to the same. Sworn in court.
Joseph Gatchell, aged about thirty-two years, deposed that he having his abode under the roof of Isack Williams and often being present when the latter made payments to Devorax on the 20li. due, etc. Sworn, 20 : 9 : 1681, before B. Gedney,* assistant, and owned in court.
Mr. Humphrey Devorix of Marblehead, tanner, is Dr .: June 24, 1680, to money, 15s. 6d .; dry hides, 4li. 3s. 4d .; June 28, delivered to your father Mr. John Devorix in the presence of Jos. Gatchell, 14s .; to Joseph Gattchill, a pair of french fall shoes, 6s .; Aug. 14, paid at Mr. Gidny's in the presence of Joseph Gattchill, 4li .; Aug. 15, paid at Mr. Gid- nies in the presence of Nathanll. Pease, 5s .; Nov. 4, to 126 lb. of dry hides delivered yourself p Nathll. Pease and my- self, 3li. 4s .; to a pair of bootes delivered to yourself, my wife being present, Ili. 1s .; Dec. 14, in money, 10s. ; Dec. 21, money, 5s .; Jan. 3, money, 3s .; Jan. 11, 2s .; 1 pr. shoes to * Autograph.
189
RECORDS AND FILES
1681]
John How v. Mr. Richard Collicut and Mr. Nathaniell Greenewood, executors and overseers of the will of Hester Seers, deceased. Review. Special verdict. If Henry Mason promised to give his cousin How the bed, etc., it being owned by his wife that her said husband enjoined her by what he said to her on his death bed, that his promise should be per- formed, makes the bed a debt to Mr. How, they found for plaintiff, the bed; otherwise for the defendant. Court gave judgment for plaintiff .*
youself, 4s .; Jan. 18, paid to Jos. Gattchill, 1li .; Jan. 26, a pair of shoes to Robt. Nickolls, 6s. 6d .; to money, 5s .; money, 1s. 6d .; 1 pair of shoes to John Rogers, 5s .; credited Edwd. Weeden, 7s .; 1 pr. shoes, 6s .; total, 18li. 19s. 10d. Sworn, Nov. 20, 1681, before Bartho. Gedny,t assistant.
*Writ, dated Nov. 11, 1681, signed by Robert Lord,t for the court and town of Ipswich, and served by Returne Waite, t marshal of Suffolk. Bond of Richd. Collicottt and Nathaniell Greenwood.t
Defendants' bill of cost, 12s.
John How's bill of cost, 3li. 2s. 4d.
Copy of papers in a similar action, Sept. 28, 1681, in Ipswich court, made by Robert Lord,t cleric.
The special verdict returned.
· Micall Donill, aged about thirty-six years, testified that being at Boston sometime in 1676 in company with John How and M. Gould, Heanery Masson, as he was called, told deponant in the presence of his cousin John How that he had given his cousin How a feather bed and he thanked him for it. Sworn, Nov. 10, 1681, before Daniel Denison.t
Receipt, dated Mar. 31, 1681, for the legacies received from the executors of Hester Seers' estate, signed by Sarah (her mark) Parker, Ester (her mark) Parker, Elizabeth (her mark) Parker, Debora (her mark) Parker, Abraham (his mark) Parker, Israell How,t Robert (his mark) Grandy and Deborah (her mark) Skelton.
Receipt, dated Boston, Mar. 10, 1680-1, to Nathaniell Greenwood given by Isaac How for a feather bed, green rug and bolster.
John Gould and Thomas Tower testified that they heard John How demand a featherbed and bedding of Mr. Collicot and Mr. Greenwood at Obern and they refused them. Owned in court, 28 : 7 : 1680, at Ipswich.
James How, sr., aged about eighty years, and Abraham How, aged about thirty years, testified that their cousins, t Autograph.
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190
SALEM QUARTERLY COURT
[Nov.
Benjamin Balch, sr., only son and heir of John Balch, sr., deceased, and legal heir to the land of his brother, John Balch, deceased v. William Dodg, the younger, son of William Dodg, sr. Verdict for defendant. John [Wm. - Waste Book] Ray- ment was taken from the jury in this action, by agreement of both parties .*
Goodman Seres and his wife came to their house to visit them about four years ago and Hester Seers, formerly the wife of Henery Mason, told them that her first husband had given her cousin John How his feather bed, but she could not spare it yet. Sworn, 28 : 9 : 1681, before Samll. Appleton, t assistant.
*Writ, dated 21 : 9 : 1681, for claiming three acres of meadow, signed by Hilliard Veren,t for the court and town of Salem, and served by Ephraim Herrick,t constable of Beverley, by attachment of the house of defendant.
William Dodge's bill of cost, 12s.
Samuel Balch, aged about twenty-nine years, testified that he was at the great marsh in July when William Dodge, 2d, and others were taking up hay on the meadow now in con- troversy between deponent's father, Benjamin Balch, and William Dodge. Freeborn Balch, his brother, was there also. John Balch, aged about twenty-seven years, testified. Sworn in court.
Copy of records of the Ipswich court, Mar. 31, 1663, and of Salem court, 24 : 4 : 1662, in this matter.
Copy of deed, dated Jan. 15, 1663, given by Benjamin Balch of Salem, yeoman, to Mary, wife of his brother John Balch, deceased, now wife of William Dodge, the younger, sixteen acres in Bass river side in Salem, at the head of the rails toward Wenham on the west side of the country highway that goes to Wenham, which is part of about fifty acres which was lately John Balch's, deceased, and ordered to grantor by a county court at Ipswich, Mar. 31, 1663; also three acres of meadow in this land, to said Mary for life, and after her death to re- turn to said Benjamin, which three acres is the outside farthest from grantor's land. Wit: Hilliard Veren. Acknowledged, 14 : 11 : 1663, before Wm. Hathorne. Copy from the record of lands made by Hilliard Veren, t recorder.
Samuel Balch testified.
Freeborn Balch, aged about twenty-two years, testified. Sworn in court.
John Grover, sr., aged about fifty-three years, deposed concerning mowing this meadow. Sworn in court.
t Autograph.
191
RECORDS AND FILES
1681]
Mr. Richard Pattashall v. Steephen Haskett. Debt. With- drawn.
Mr. Nehemiah Willoughby v. Capt. Laurance Hamond and Mrs. Margerett, his wife, relict and executrix of the will of Francis Willoughby, Esq. Debt. Withdrawn .*
John Andrewes v. Abram Adams. Verdict for defendant. t
Zachariah Herrick, aged about forty-eight years, deposed that Benjamin Balch owned this meadow thirty years ago, etc. Sworn in court.
Edward Bishop, aged sixty-three years, testified that John Balch, Benjamin's father, owned it forty years ago. Sworn in court.
*Writ, dated Oct. 4, 1681, for debt, signed by Hilliard Veren, ¿ for the court and town of Salem, and served by Henery Skerry, marshal, by attachment of the farm of the estate of said Willoughby, lying in Gloster, now in possession of said Hammond.
t Writ: John Andrewes v. Abraham Adams; for rescuing Robert Cannon, who was arrested by Thomas Andrewes, deputy for Marshal Webb of Suffolk county, for serving the attachment for John Andrewes of Salem, surety for Cannon; dated 22 : 9 : 1681; signed by Hilliard Veren,t for the court and town of Salem; and served by Returne Waite, marshal, by attachment of defendant's house and land in Boston.
Abraham Adams' bill of cost, 1li. 10d.
Thomas Andrews, # deputy marshal, aged about twenty-two years, deposed that on Feb. 12, 1677 at night he went to Abraham Adams' house and inquired for Robert Cannon. A woman who was there bade a little boy go and call him. Cannon and deponent went to the door to speak and found Jno. Andrews there. Andrews said "This is the man do yo" office," which deponent did by attaching said Cannon, who then went into another of Adams' houses to get his hat. When he came out he ran into Adams' house, up into the chamber, deponent following him, where the nurse pulled deponent by the hair and abused him with her tongue. Deponent fell backward over a stool and Cannon struck him two or three blows and then ran down stairs. Abraham Adams held deponent so he could not pursue Cannon and so the latter escaped. Sworn, Mar. 18, 1677-8, before Tho. Brattle, commissioner.
Copy of papers in a similar action, Mar. 26, 1678, in Ipswich court, made by Robert Lord,# cleric.
Ann Fox, aged about forty years, testified that in the time of the great sickness in Boston on account of the small pox, # Autograph.
192
SALEM QUARTERLY COURT
[Nov.
Jonathan Hart, in behalf of himself and sisters, Eliza., Sara, Deborah and Florence, the only children and heirs of John Hart and Florence, his wife, deceased v. John Peach, jr. Review. Withdrawn. Leift. Pickering and John Peach were taken off the jury in this action .*
she lived in Abraham Adams' house as a nurse, there being seven persons sick, and some died. Robert Cannon and another man came running up into the chamber where the sick people were and they "did heave one the other about the Roome & upon the sicke people & Children & the sicke did cry out they shold be murthered," etc. Jno. Veering, aged forty-six years, testified to the same, he being a watcher in the house, and that one of the children died that night, etc. Sworn, Nov. 25, 1681, before John Fayerweather,t com- missioner.
Nathanell Addams, sr., aged fifty years, deposed as to the commotion in his brother, Abraham's house, etc. His brother sent for the constable and carried the man who broke into his house before Governor Leverett, etc. Sworn, Nov. 25, 1681, before John Fayerweather,t commissioner.
Sarrah Andrews, aged about seventeen years, testified that she was in Adams' house, etc. Sworn, Nov. 25, 1681, before John Fayerweather,t commissioner.
Nathaniell Addams of Charls Towne, aged about twenty- eight years, deposed that about three years and a half ago, during the small pox visitation he was with his uncle, Abraham Adams of Boston, cooper, at the "Cattern wheele" when deponent's father, Nathaniel Adams, sr., came in for Abraham, etc. He also testified that the man who called himself the marshal's deputy was the worse for drink and could show no power of appointment as deputy. Sworn, Nov. 30, 1681, before B. Gedney, t assistant.
* Writ: dated 21 : 9 : 1681, for review of an action first tried, Mar. 1672-3, in Ipswich court, with verdict for plaintiff, afterward reviewed by the defendant at the next Salem court in June where judgment went against the now plaintiff, who appealed to the Court of Assistants and there recovered the case, and afterward brought by the defendant John Peach to the General Court, where judgment was given the de- fendant, signed by Hilliard Veren,t for the court and town of Salem, and served by Benjamin Gale,t constable of Mar- blehead, by attachment of the house and land of defendant.
Copy of letter of attorney, dated Mar. 1, 1672-3, given by Edward Flint, Jeremiah Neale, Joseph Morgaine and John Trask to their loving brother-in-law, Jonathan Hart of Salem. t Autograph.
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1681]
RECORDS AND FILES
193
Abram Ketvill v. Andrew Tucker. Defamation. Verdict for plaintiff .*
Abram Ketvill v. Andrew Tucker. Battery. Verdict for plaintiff.t
Wit: Mathew Woodwell and John Swinerton. Copy made, 21 : 4 : 1673, by Robt. Lord, cleric.
Copy of a judgment of the General Court, Oct. 15, 1673, that the house and land in the hands of Jonathan Hart be given to Jno. Peach. Copy made by Edwd. Rawson, # secretary. John Peach's bill of cost, 1li. 8d.
* Writ, dated Nov. 23, 1681, signed by Moses Mavericke, į for the court and town of Marblehead, and served by Ben- jamin Gale,t constable of Marblehead, by attachment of house and land of defendant.
Abraham Kitvill's bill of cost, 1li. 48.
Hugh Guy and Richard Youngs testified that being about three months ago at the house of Andrew Tucker, about one hour into the night, they heard Abraham Kittfeild say to Youngs, said Tucker's servant, that he would carry aboard the ketch Adventure that bolt rope of a main sail belonging to Phillip Jeffers, and also said that his master bade him, Hugh Guy being aboard the said ketch. The next day they heard Richard Young say to Abraham Kittfield that he would carry the rope ashore again for he would not be accounted a thief for him. Abraham replied that he should not, for he would clear him of it. Sworn, 29 : 9 : 1681, before Bartho. Gedney, ¿ assistant.
Mary Tucker, aged thirty-five years, deposed that as she sat upon the bedside by her husband, Abraham Kittfield came into the house and said he would carry aboard the bolt rope, but her husband told him not to do it until he had spoken to Phillip Jeffers about it. Sworn, 29 : 9 : 1681, before B. Gedney, { assistant.
Thomas Manning, aged about thirty-five years, testified that on the last fare of fish at Cape Sable, coming from Margit Bay, there was a falling out between Andrew Tucker and Abraham Kitvill. All the ketch's crew being together abaft the mast, Tucker swore by his maker that he was going to break Kitvill's chest, going to the cabin to break it. Kitvill said it was not locked, whereupon Tucker opened it, took out one bottle of rum, drank it and afterward struck Kitvill, calling him a rogue and a thief. Sworn, Nov. 9, 1681, before Moses Mavericke, commissioner. Copy made by Hilliard Veren, t cler.
tWrit: Abraham Kitvill v. Andrew Tucker; battery, for # Autograph.
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194
SALEM QUARTERLY COURT
[Nov.
Abram Ketvill v. Andrew Tucker. For not delivering an account. Verdict for plaintiff. Said Tucker was to give a full account of the voyage, upon oath, or deliver plaintiff his part of fish and oil .*
forcibly taking away the plaintiff's liquor from his chest and striking him; dated Nov. 23, 1681; signed by Moses Mav- ericke,t for the court and town of Marblehead, and served by Benjamin Gale,t constable of Marblehead, by attachment of house and land of defendant.
Bill of cost, 1li. 3s. 11d.
Hugh Guy, aged about eighteen years, and Richard Youngs, aged about eighteen years, testified that they often saw Tucker and Kittfeild take liquor out of each other's chest. Sworn, 29 : 9 : 1681, before B. Gedney, t assistant.
Hugh Gay, aged about nineteen years, deposed. Sworn, Nov. 3, 1681, before Moses Mavericke,t commissioner.
Thomas Manning, aged about thirty-five years, deposed. Sworn, Nov. 9, 1681, before Moses Mavericke, f commissioner. *Writ, dated Nov. 22, 1681, signed by Moses Maverick, t for the court and town of Marblehead, and served by Ben- jamin Gale,t constable of Marblehead, by attachment of the house and land of defendant.
Bill of cost, 2li. 2s. 1d.
.
John Legg testified that about a month ago, he went to re- ceive some fish from Andrew Tucker, and his wife delivered him about eleven quintals that were ready. She showed some more fish which she said was "the last sauefer," but he refused it for it was not "fitting to be waied of." Sworn in court.
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