USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 22
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214
BALEM QUARTERLY COURT
[Nov.
non of them was forward to com to help me till my wife brought a light then I got up then he forsed me backward into the house and layed hold of my staff to get it out of my hand but I kept my hold: and bad him stand of but he wold not stand of: or Ile lay the one but he still prest upon me: and so I struck him wth the stafe: then they all went out of the house and wattson mesured sum corne and flung it att the dore or by the dore: then I required John Watson and John Harde in his magestys name to tache the rate corne that ware theare: and cary it abord the bote and I se them paid: the both re- plied that they wold not obey me: nor non of my athoraty: I being as I humbly conseave abused and tow much afrunted by these persons: being upon the cuntrys saruice cold do no lesse then discharge my selfe by aquainting athoraty wth the same not douting but I shall have audienc I shall remaine youre humble saruant to comand in ani sarvis of loue."
Samuell Stickney, Richard Kimball, Will. Savery, Thomas Hardy, John Hardy, Daniell Tenny, all being above twenty years of age, testified that the constable was not at the place appointed so they went to his house, etc. John Watson asked to be let out after they were locked in because his wife had been nearly brought to bed and he might be needed, etc. Sworn, Nov. 3, 1681, before Daniel Denison .*
Richard Hall testified that he was at work for Nathan Webster on Oct. 17, 1681 when Watson, Teny and Savery came after sunset with their corn for the county rate. De- ponent told them that he had gone down to the river to the place appointed to receive it, etc. Sworn, Nov. 8, 1681, before Daniel Denison .*
Nathan Webster, constable, testified that they threw him down across a chair, and some said "com we will go into the seler and Brack out the hed of a barill of sider and drink." Deponent took down his staff and commanded them to be silent and to behaue themselves like men or I would complain to a magistrate, etc.
Danill Wickom, aged about forty years, and Caleb Hop- kinson, aged about thirty years, deposed that being in Major Denison's house at the hearing, etc. Webster owned that the time he struck Watson was after they came from seeking his sheep. Sworn by Wickam in court and by Hopkinson, Nov. 28, 1681, before Daniel Denison .*
Susanna Adams and Elizabeth Symonds testified that they heard Thomas Hardy, sr., of Bradford say, in speaking of the rout at Nathan Webster's, that they rumaged his cupboard and knocked in his barrels of cider. "Did ye soe?" replied Susanna. He then repeated the words, and she re-
* Autograph.
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1681]
plied "You gave the man just occasion of provocation, and deserve to be presented." Sworn, Nov. 21, 1681, before Nath. Saltonstall,* assistant.
Samuel Hassalton, aged about thirty-four years, testified that Watson's lip was cut by his tooth striking it when the constable hit him. Sworn, 27 : 9 : 1681, before N. Saltonstall,* assistant.
Robertt Haselton, aged about twenty-three years, deposed that he heard John Watson pour his corn down at the con- stable's door. Sworn, Nov. 18, 1681, before N. Saltonstall,* assistant.
Gershum Haselton, aged about eighteen years, testified that Watson tendered a bushel of old Indian corn, etc. Sworn, 18 : 9 : 1681, before N. Saltonstall,* assistant.
Shubaell Walker, aged about forty-two years, testified that Webster said he expected a boat from Salem to get the rate corn, which came to their side of the river, and he told them to put it on Mr. Godsoe's boat, which deponent did. He further deposed that it was an ordinary thing ever since he came there, which was in 1670, to put their county rate aboard a boat in Haverhill river upon their own cost. Sworn, 26 : 9 : 1681, before N. Saltonstall,* assistant.
William Godsoe, aged about thirty years, and Nathanill Pease, aged about forty-three years, deposed that on Oct. 17, 1681, the constable of Bradford agreed with him to carry the county rate to Salem. The inhabitants were attended by his skiff and Mr. Starling's boat to bring them and their corn on board and transport them back to the shore. The people brought it little by little and finally deponent asked Richard Kembal why they did not bring it in and he replied that they would not humor the constable so much, but that they did bring their rates to Griffing's house. Sworn, 2 : 9 : 1681, before B. Gidny,* assistant.
Thomas Sticknee and Joseph Bally, aged about thirty- four years, deposed that they went to the burial of nurse Smith on Nov. 2, 1681, and there were but seven or eight men to carry the corpse to the grave, of whom John Watson was one. They had about a mile and a half to carry it and when they had gone about twenty poles, Nathan Webster, the constable, required a man in his Majesty's name to assist him and took him from the bier. They did not hear him give Watson any notice that he was going to his house but he went there and took a pair of fetters away with him. Sworn, 18 : 9 : 1681, before N. Saltonstall,* assistant.
Goodwife Hall, aged thirty-seven years, deposed that on Oct. 19, 1681, she saw several men go in toward the ferry * Autograph.
216
SALEM QUARTERLY COURT
[Nov.
A warrant having been issued from Hon. Maj. Danill Denison for Mr. Edward Woodman's appearance, personally or by his attorney, to answer a complaint against him brought by Mr. Francis Wainewright for illegally marrying Symond Wainwright and Sara Gilbert against the mind and without the consent of said Francis, court declared that said Wood- man's proceeding in marrying the aforesaid persons was illegal and unwarrantable, and advised and required him to forbear such practices in the future and ordered him not to join any persons in marraige until he received commission from the General Court .*
half an hour after sunset, of whom Samuell Stickne was one. Sworn, Nov. 5, 1681, before Nath. Saltonstall, t assistant.
John Griffing deposed that some came to the ferry place in Bradford, saying they were ordered to leave their corn there. Deponent told them that the boat lay near John Hesilltine's landing place near Haverhill shore. Sworn, Nov. 26, 1681, before Nath. Saltonstall, f assistant.
Jno. Williams testified to the same. Sworn, Nov. 28, 1681, before N. Saltonstall, t assistant.
The wife of Samuell Sticknee, aged about thirty-seven years, deposed that Webster said he might as well be hanged for striking Watson as for being a fool. Samuell Sticknee, jr., aged about eighteen years, deposed the same. Sworn, 18 : 9 : 1681, before N. Saltonstall, f assistant.
Mary Webster, aged about thirty-two years, deposed that, she asked Goodman Stickny to part the men and somebody heaved some corn down at the door. Sworn, Nov. 5, 1681, before Nath. Saltonstall,t assistant.
Thomas Kimball, aged about seventeen years, and Richard Kimball, aged about twenty years, deposed that Webster came to their house and told their mother to leave the rate at the ferry place at John Griffing's, and that he had told Bradforth people to pay the same day, etc. Sworn, Nov. 26, 1681, before Daniel Denison.t
John Hardy and Daniell Tenny, aged about twenty years, testified. Sworn, Nov. 26, 1681, before Daniel Denison.t Nathan Webster's bill of cost, 1li. 15s. 3d.
*Writ: Mr. Francis Wainwright v. Mr. Edward Woodman; for illegally marrying Simon Wainwright and Sarah Gilbert against the declared mind and without the knowledge or consent of plaintiff; ' dated Nov. 5, 1681; signed by Daniel Denison;t and served by Joseph Pike, t constable of Newbery.
t Autograph
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1681]
Nathaniell Roper, John Pearce and Samuell Graves testified that they were with Simon Wainewright at Newberry at Mr. Woodman's house. The latter asked if Simon were published according to law and they said they saw his pub- lishment the last Lord's day upon the meeting house door and read it and it stood all day. He asked if it was put up by his father's order and they answered that they knew noth- ing to the contrary.
Judgment of the court in this action.
Rebeca Poore, aged about fifty years, and Judeth Daues, aged about twenty years, deposed that when he married them, Mr. Woodman asked Simon if he had his father's con- sent and he said he had, and if he thought there would be any question about it he would have brought the consent under his father's hand. The three men present said that Simon's father ordered the publishment. Then Mr. Woodman asked if the maid had the consent of her friends and the men replied that her mother was dead and her father had many years ago gone out of the country, so that there was no one who had the disposing of her.
Sworn to by the witnesses, 22 : 9 : 1681, before Nath. Saltonstall,* assistant.
Sworn to by the witnesses, and owned by Mr. Woodman,, 22 : 9 : 1681, before Nath. Saltonstall,* assistant.
Judeth Daues, aged about twenty years, testified. Sworn, 22 : 9 : 1681, before Nath. Saltonstall,* assistant.
Edward Woodman, sr., and Elisabeth Poore testified. Sworn by Elizabeth and affirmed by Woodman, 22 : 9 : 1681, before N. Saltonstall,* assistant.
John Broun's daughter Elizabeth, who dwells at home with him at Ipsweg, testified.
Mr. Woodman declared that the reason he did not ask Simon and his bride why they came to him to be married when they had magistrates in their own town was because he supposed that being court time, they were away from home. Sworn, 22 : 9 : 1681, before N. Saltonstall,* assistant.
Letter of Edward Woodman, sr.,* dated Newbury, Nov. 22, 1681, and addressed to "The worshipfull mager generall denesen, this prsent:"
"Much honored S' it is known to y selfe that I ly under y' warant to make my apearanc at Salem Court thes lins to y' worship are to desire that I may be relest of that warant which I Conseu yrself and m' wainwright may doe my resons of my desir are ferst Conserning my marying of Simon wain- wright I haue sent you a coppy of the eudenc that is upon oth in the hands of the much honored magor Saltingstall
* Autograph
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218
SALEM QUARTERLY COURT
[Nov.
Whereas Edward Whitteere, son of Abraham Whitteere, had formerly administration granted him of his father's estate, and he having now gone out of the country and being creditably reported dead, without having administered fully, court granted administration of the estate to John Whitteere, his brother, who was ordered to bring in an inventory to the next Ipswich or Salem court.
Hilliard Veren and John Waters were joined with John Tompkins, administrators of the estate of John Tomkins, deceased, and Mary, the widow, was dismissed as administra- trix. The widow and several of the children petitioned for a settlement of the estate, an inventory of which estate was presented to the last court at Salem, amounting to 130li. The widow was to have her thirds of the house and land during her life and John Tomkins, the son, to have 5li., also the five children of Hugh Joanes, whose wife Hanna, now de-
with which he sems to be well satisfied with this adision to it that the why I ded not demand of Simon why he was not maryed at Ipswedg was that my fancy deseued mee that was the generall Court wicke and Concluded in my own brest that thay mest thayr sesone and put themselfs upon a Jory to newbery Conserning other ground of my proseding the Evedenc under oth may giue y' worshep I hop satisafcksion to enter a descors any forther Conserning my power to mary which haue ben without question I thinke this twenty years or whether It was my duty to haue sued for a new Comesion euery year if thar be such a law expresly or inclusively I must confes my Ignorenc thar in nither haue any heigh or low minded me of such a thing the which if I had known but sospicsions of such a thinge I should not haue sued for such an unprofitabell Comision but haue quickly layd asid the worke which have Cost me many a bottle of sacke and liker when frends and aquaintanc haue ben Conserned in Case I was parsionale present with ye worshep I question not but I shuld giue you satisfecksion as that you might by the en- trust you haue in m' wainwright perswd him to withdraw his Complaint and for my owne part I still hearby asur y" wor- shep that henc forth I will not mary any what euer thay be but resiue what pour soe euer I haue into thayr hands that gaue what more may be said I shall refer to my frend tros- toram Coffen whom I haue sent to y' worshep in my behalfe forther to debat the Case and to bring the result under yr worsheps hand if you ples soe fare to fauer mee."
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1681]
ceased, was the daughter of John Tomkins, 20s. each. The remainder of the estate was to be equally divided among the seven children of deceased, Nathaniel, John, Sarah, Elizabeth, Mary, Deborah and Priscilla.
Jonathan Gatchell being bound in 50li., with sureties, John Gatchell, the father, and Joseph Gatchell, the brother, for his appearance at Ipswich court, to answer to a com- plaint made against him, and said Jonathan having made an escape and not appearing, the bond was declared forfeited. The sureties were ordered to pay 5li. in money and to pay to the selectmen of Marblehead or Ruth Williams, the nurse, 4s. per week until the court take further order, toward the maintenance of the child .*
*On Aug. 5, 1681, Jonathan Gatchell was complained of by the selectmen of Marblehead on suspicion of being the father of the last child of Mary Williams, deceased, and he was bound to appear at the next Ipswich court, with Thomas Gatchell, as surety, who offered his house and land at Mar- blehead as security. Copy of the record made by B. Gedny, t assistant.
Petition, dated Dec. 1, 1681, of Samll. Ward, t for the select- men of Marblehead: that the husband of Mary Williams dis- owned the child and the town had been threatened with the charge of the child, etc.
Copy of a record of the Ipswich court, Sept. 28, 1681, in a similar action, made by Robert Lord,t cleric.
Ellenoor Watts, aged about fifty years, testified that Jon- athan Gatchell came to her house and bought some cider, saying it was for his landlady, Mary Williams, and if she would nurse his landlady he would pay for it, and also main- tain the child. Gatchell said this in the hearing of her husband and Nicholas Pickett. Ruth Williams now has the child in her keeping, etc. Sworn, Aug. 5, 1681, before Moses Mavericke, f commissioner.
Ruth Williams and Elizabeth Smith testified that they heard Gatchell say the child was his. Sworn, 26 : 7 : 1681, before Bartho. Gidney,t assistant.
Bond, for appearance, dated Oct. 1, 1681, of Jonathan Gatchell, t with John Gatchell,t his father, and Joseph Gatch- ell,t as sureties. Wit: Robert Lord, t cler. and Robert Lord, t marshal.
Jno. Roads, Sarah Roades and Mary Wood testified that Elizabeth Smith told them that Getchell asked her what t Autograph.
220
SALEM QUARTERLY COURT
[Nov.
Salem and Marblehead, for not maintaining the bridge at Forest river, were dismissed, and advised to agree among them- selves .*
victuals she invited him and his landlady to have and she replied it was samp. He said he went home with her through his father's meadow, etc. Elizabeth had given them milk and water one morning. Sworn, Sept. 6, 1681, before Bartho. Gidney, t assistant.
Jno. and Sarah Roades testified that Gatchell being at their house, etc. Sworn, Sept. 6, 1681, before Bartho. Gid- ney,f assistant.
*Copy of a record of Salem court, June 25, 1667, in a similar complaint, made by Hillyard Veren,t cleric.
Petition, dated Dec. 1, 1681, of Moses Mavericke, t Samll. Ward, t Ambros Gall,t John Peach, sr.,t and John Waldron, t selectmen of Marblehead: "Whereas the defect of the Bridge in the Countrey highway over Forrest river in Salem Towne bounds is presented to this Court as we understand, and the Towne of Salem would excuse themselves by endeavouring to lay the greatest part of the charge of maintaining the Bridge on Marblehead by vertue of too ready a condescension in former years in us to bear their part of the charge att the first setting it up; These are therefore to informe your hon- ours that what what done by us, or ordered to be done, was when we had the benefit of the Coy-pond lands on this side of the river these lands being then by your Committee and us judged a part of our Towneship & that the bounds of our Towne came to the midle of the river; which bounds might they have bin continued, we should have still looked on our selves obliged to have maintained what fell in our Towne- ship: But since in the year 1679 themselves taking liberty to interprett the words of theire owne grant, have taken the sd Coy pond land from us, and sett us ouer about twenty poles distant from the sd Bridge. We doe humbly request your honours, that you would be pleased to take into con- sideration as the equity and justice of our case (this Bridge being no County bridge but a Towne bridge of their owne) so also the great ability of Salem to carry on their owne charge without helpe, and the poverty and disability of our place, and that you would be pleased either not to putt that burden on us to maintain a bridge and causeway no part whereof att all lyes in our Towneship, or else make it in our Towneship by granting us that Coy pond land which so long before we had enjoyed; Wee must leave the matter with yourselves, craving your releif, and have appointed and Impowred our t Autograph.
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1681]
RECORDS AND FILES
John Norman, administrator of the estate of his mother Arabella Norman, deceased, brought in an inventory amount- ing to 104li. clear estate. Court ordered that said John Norman, the eldest son, should have a double portion, and the remainder was to be equally divided among the other children, Richard, Joseph, Liddea, Arabella and Martha.
Mr. William Hirst came into court and made oath that he left a hogshead of molasses in Mr. Bowditches warehouse in the latter's lifetime, as his own goods, in storage.
Mr. William Bowditch dying intestate, and administration upon his estate having been granted to Mr. Phillip Cromwell, who brought in an inventory,* court, upon being informed that the estate is insolvent, ordered that all creditors bring in their accounts to Leift. John Higginson and Mr. Jon. Ha- thorne, commissioners appointed to receive the claims, within a year, to have them allowed.
trusty Freinds Capt. Sam11 Ward and Ensigne John Legg to manage the sd case for us."
*Inventory of the estate of William Bowdish, taken Nov. 12, 1681, by Edward Grovet and Nehemiah Willoughbyt: In the Brewhouse, in puter Fourty wayt and a paire of Large puter Candlestick wth Sockets to um, 2li. 10s .; A paire Large Bras candlestike, two oakeme spoones, two nurs candlestike, one Gridiron, a saspan, 13s. 2d .; one Iron pot and two paire pot hookes, 7s .; Two bras kitles qt about forty pound, 2li. 10s .; one old bras scumer and one Iron spitt, 2s .; Two Iron hakes, fier shovell and a paire tongs and Iron hooke, 8s .; In the chamer over the bruhouse, Two trunks, ceder chest and a great cheare, Ili. 2s .; A box of Drawers, round table and a warming pan, 19s .; Fetherbed, bolster, piller and a quilt and a paire curtins and vallens, 3li. 2s. 6d .; one hy bedsted, a trunell bed, Flockbed and a Red Kiverled, 1li .; Sixe old cheares and a Great Cheare, 7s. In the Closett, Eleven books called Rutherfords Letters, 1li. 2s .; twenty books of Durham on the commandements, 1li. 10s .; Five books of Mr. Rait against popery, 6s. 3d .; three books of William Colvill Works, 4s. 6d .; two books of George Dow- name Works, 2s. 6d .; one book of John Browne Workes, 1s. 6d .; one book of John Despagne Workes, Is .; two Bookes Meinlies against Dempster, 5s .; one large Latin bible, one Scretore, one cutlash & two Rapers, 2li. 6s .; In the Garett, Sixty five Burmodus baskets, one nest of old Drawers & old f Autograph.
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222
SALEM QUARTERLY COURT
[Nov.
Thomas Maule and his wife, presented for cruelly beating their maid servant, were dismissed .*
sadle and a frying pan, 2li. 11s. 4d .; a halfsided bedsted and old fetherbed & bolster wth a Red Coverlid, pr. canvis sheets, a table wth a carpet in Wm's. Chamber, 2li. 7s .; one old camlet coat, to pr. briches, one clos bodyed coat, old Caster hat, three musling neckclothes Last, and one lase carvat, three paire old holland sleaves, two old shurts, two old weskots, 2li. 8s .; one hhds. of mallases in a leanto neare the copper which Mr. Hurst dos lay claime two, -; one Maiden Sarvant, Ili .; five barells of strong Beers and Fifteene barells of ship beare, one pr. bras scailes, 5li. 10s .; two hhds two Barrells mollasses about fifteene Bushells of mault all in ye seller & warehouse, 8li. 12s. 6d .; pcell of swine wereof ye 3 largest at 27s. & the 3 young shoates, 8s., 1li. 15s .; two old Horses and one old cart, 1li. 10s .; total, 44li. 13s. 3d. A pcell of children toyes, 2s. 6d .; two duzen 1-2 of old de- cayed gloves, 5s .; fivety eight French lines at 2s. pr. line, 5li. 16s .; Seven small bars of Lead and two halfe bars conten. one hundred & a halfe at 2s. pr., lli. 10s .; five thousand of scupper nailes, 12s. 6d .; thre plates & two dishes erthen, 2s .; thre thousand of Lath nailes, 6s .; thre paire of small Irish yearne stockins, 2s. 6d .; one paire of Learge old stilliards, 18s .; a tackle hocke, pumpe hocke & two Iron bittle rings, 6s .; one old slead that is broken, 3s .; one beame and scales at winter Iland, 1li. 10s .; thirty dozen of whissells, 10s .; twelve sett of cloake buttons, 12s .; small pcell of rusty nailes, 1s .; psell of mens houckes and eyes, 1s .; twenty pound of rossom, 2s .; pcell of old Junke cont. about 200 weight in Mr. Pil- grins warehouse, 10s .; pcell of very old junke that lies upon the wharfe cont. about 1C 1-2, 5s .; twenty eight pownd or theareabout of hopps, 7s .; aboute foure tunn of lime stones, 1li. 12s .; aboute two load of ceder Loggs, 16s .; five eights of a windmill at Marblehead, 20li .; total, 81li. 2s. 9d. one Ketch aboute twenty two tunns which is morgaged to Mr. Phillip Cromwell; one halfe Ketch aboute twenty two tunns which is morgaged to Mr. Phillip Cromwell, A ware house and Seller wth a leaneto to it and parte of the old wharfe which is morgaged to Mr. Phillip Cromwell. This inventory pre- sented at the Salem court Dec. 1, 1681 by Phillipp Cromwell. Wit: Thos. Gardner, jr.,t John Cromwell.t There are sev- erall Creditors to this estate by comon Fame which I know nothing of, being appointed administrator to sd. estate. Philip Cromwell.t
*Petition of Joane Suiflan, "a poore Irish servant woman, t Autograph.
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1681]
now bound unto Thomas Mawle, who hath bin euer since I lived with him and unto this Tyme is a cruell master unto me poore Creature, brought from another country & here destitute of any Friend to keep me in this my misery wch I endure in this my servitude especially with my master who hath many Tymes unreasonably beate me with an unlawful weapon to strike a Christian withall wch weapon is by the english called a maunatee || or hors whip || & with this weapon my master Mawle hath some tymes stroke me at least 30 or 40 blowes at a Tyme & that some tymes before my cloathes haue bin on about me. oh, honored Court, be pleased to consider of such an abuse to a poore creature. God knowes my life hath bin thereby endangered & haue after those violent & sharpe stripes, spitt blood for a fortnights tyme & verely thought my heart had bin broke & that I should have died by his violent beating of me & doe still feare that if I am not taken away from this Cruell master he will kill me: your poore petitioner doth therefore most humbly beseech yo" honors to consider ye case of so poore a servant that shee may be released from so cruell & barberous a servitude & putt to some other where she may be more Christian like: dealt with all.
"also my master Mawle hath compelled me to doe service worke on ye sabbath dayes to ye breaking of ye day wch hath bin a greate grief & trouble to me & I doe desire that I may liue in a more orderly Family."
Joane Suifland, servant to Thomas Maule, testified that she had been compelled to knit and sew after she had come from meeting, and Maule frequently called Jonhnathan on Sabbath days to fetch the books. Then "hee writs in ym and croseth in another & caules to Johnnathon to know what hee soald such a peese of Lase for and such a peece of Riben for or such & such things for & writs in his Book & alsoe com- pels mee & Johnnathon to fech water to wash & to brew on Sabbath Dayes." He also made her water his garden and lay his grass plot on the last Fast day.
Hannah Sibley deposed that she saw Joane as she came from Mr. Gedney's to make her complaint, and her face was bloody and swollen about as large as a child's fist. There was also a wound on her face, which she said her master did with his horse whip.
John Flint, aged about twenty years, deposed that being in Thomas Mawle's shop, he heard a great cry in the house and looking in saw Naomi Mawle beating and thumping her Irish servant maid on the head in a very violent manner and also kicking her. She kicked her out of doors and told her that when her master came home, he would give her ten times as much. When Naomi came out into the shop,
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