USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 27
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Edward Clarke testified that he heard the bargain made at the last Ipswich court at Quartermaster Perkins' house. James Sanders was to bring the staves to Ipswich or if not he, they were to be sent in the new boat. He heard Josiah Clarke proffer his pay at Merchant Wainewright's, Deacon Goodhew's or Mr. John Appleton's, but Peasly said he did not like to take his pay until he delivered the staves. Later deponent reckoned with Peasly and he told deponent that he thought he had taken something of his cousin Josiah upon his account. Sworn, 27 : 10 : 1684, before Nath. Saltonstall.t Joseph Clarke deposed that when he came home to Haver- hill, etc.
Edward Clarke deposed.
Joseph Peasley's bill of cost.
Josiah Clark's bill of cost, 15s. 6d.
Joseph Pesly'st reasons of appeal, received Mar. 22, 1681-2, by Nath. Saltonstall, t assistant.
Josiah Clark'st answer.
*Writ: John Atkinson of Newbury v. John Woolcote of Newbury; slander; for reporting that he tried to cheat de- fendant of about 24li. by using means to persuade said Wooll- cott's wife to sign a receipt, which she would have done had not her son-in-law Chadwick prevented, which made Atkin- son very angry, Chadwick making another receipt for the true amount which she signed and gave to Atkinson; dated Mar. 21, 1681-2; signed by Anthony Somerby,t cleric for Newbury; and signed by Joseph Pike,t constable of New- bury, by attachment of the dwelling house of defendant.
John Atkinson's bill of cost, 2li. 18s. 2d.
t Autograph.
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Andrew Grely v. John Griffing. Debt. Verdict for plain- tiff .*
John Clements v. Nathaniell Merrill. For not fulfilling a bargain. Verdict for defendant. Appealed to the next Court of Assistants. Plaintiff bound, with Abraham Clement and James Sanders as sureties.t
John Woolcot's bill of cost, 1s. 4d.
Receipt, dated Nov. 15, 1675, from Mary (her mark) Woll- cot for 14li. 2s. 6d. in pork and barley to John Atkinson, for land purchased of Jno. Woolcut and Mary, his wife, for which he was to pay 50li. Wit: James Mireckt and Benjamin Plumer.# Timothy Woodbridget certified on Mar. 20, 1681-2 that he wrote the foregoing receipt. Wit: Jo. Woodbridget and John Webster.# Sworn in court.
James Myrack, jr., aged about thirty-one years, testified that he saw the receipt given. Sworn in court.
Joseph Pike, aged forty-three years, deposed that John Woolcot, sr., was at his house this last winter and told him how Atkinson tried to cheat his wife when he was at the Nar- raganset, etc. Sworn in court.
Tristrum Coffin, aged about fifty years, testified that Thomas Chadwick told his mother-in-law, Mary Woolcot not to sign the receipt until she knew what it was, etc. Sworn in court.
John Webster, aged forty-nine years, deposed that when Atkinson asked Mary to sign the receipt she said that she could not write and he said he had it all written, etc. Sworn in court.
*Andrew Greely's bill of cost, Tho. Davis, witness, etc., 1li. 88.
Writ: John Clement of Haverhill v. Nathaniel Merrill; for not fulfilling a bargain made a year ago Michaelmasse by which John Merrill, defendant's son, was to live with Clement for five months for 5li., the money having been paid but the service not given; dated Feb. 25, 1681; signed by Nath. Saltonstall,; assistant; and served by Joseph Pike,} constable of Newbury. Bond of Nathll. (his mark) Merrell. John Clement's bill of cost, 3li.
Copy of writ: Nathaniell Merrill v. Abraham Clements; debt; for not paying 5li. in barley or barley malt and 10s. in money about his son John Merrill; signed by Anthony Somerby, cleric for Newbury, and served by Joseph Pike,t constable of Newbury.
"Louing brother Abraham Clement pray be plesed to pay ¿ Autograph.
266
IPSWICH QUARTERLY COURT
[Mar.
to Nathaniell Merrill of Nubery fiue pounds for me which is the fiue pounds that I ingadged to pay for you which you were bound to pay by your indentuer, the said merrill ex- septing of me pay master when he ingadged his sunn John Merrill to me for fiue munths upon that acompt, & in so doing you will oblidg me who am your louing brother to comd "deat this 1 : 12 : 1681. John Clements."*
Abraham Clements testified that he paid the amount asked for in the foregoing. Sworn in court.
Nathaniel Merril's bill of cost, 2li. 6s. 4d.
Abraham Clements testified that John Merrill lived with him ten months and was very well started in the trade of a carpenter so that he could do as much as most men under a head workman. John Clements lost much by not having Merrill's keep because he was about to build a house at that time and was obliged to hire another man. Deponent helped to build the house. Sworn in court.
Indenture, dated Feb. 22, 1681, Abraham Clemans, house carpenter, now resident of Newbury, and John Sawyer, planter, of Newbury, in consideration of an agreement between Nath- aniel Merrill, planter, of Newbury and Abraham Clemans, upon account of clothes which Clemans was to allow John Merrill, son of Nathaneel, promise to pay to Merrill 3li. 10s. in barley or barley malt at any malt house near the water side and 5s. in money. Wit: Aquila Chase* and William Chad- wick .* The latter testified that Nathaniell Merrill, sr., owned that this bill was satisfied, for Thomas Mould showed him the bill.
William Chadwick, aged thirty years, deposed that when Abraham Clements gave Merrill a bill for the pay, Nathaniell Merrill, jr., said he was afraid there was some trick in it, etc. Sworn in court.
John Whittier, aged about thirty years, deposed that he was asked to be a witness to the bargain between Merrill and Clements, etc. Daniel Clemant was also present. Sworn, Mar. 25, 1682, before Nath. Saltonstall,* assistant.
Daniell Clement, aged about twenty-six years, and Abraham Clement, aged about twenty-four years, deposed that the latter being about to take a voyage to sea, he was to deliver his apprentice John Merrill to his father Nathaniel Merrill. It was later agreed that John should go up to Haverhill to work for John Clement as a carpenter. Abraham Clement deposed. Sworn, Mar. 27, 1682, before N. Saltonstall,* assistant.
Abraham Marrill and Acquilla Chase deposed. Sworn in court.
* Autograph.
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Thomas Lever v. John Scales and John Acie. Trespass. Verdict for plaintiff, the land in controversy .*
John Merrill, aged nineteen years, and Nathanael Merrill, jr., aged seventeen years, deposed concerning the agreement. "our fathar Nath: Merrell made an objection: and said to. John Clemant how shal my son John come to haverail: he was nevar thar: he douth not know the way." Clement promised to come and get him. Nathaniael Marrill, sr., affirmed the same. Sworn in court.
*Writ: Thomas Leaver, jr. v. John Scails and John Acy; trespass, for challenging several trees within plaintiff's land to be their bound trees in the field commonly called Symons field in Newbury; dated Mar. 22, 1681-2; signed by Thomas Leaver,t clerk of the writs for Rowley; and served by Jer- emiah Elsworth,t constable of Rowley, by attachment of the houses and lands adjoining the houses of said Scals and Acy.
Damage sustained by Thomas Leaver, jr., by defendant's challenging the land, himself and the three men appointed by the town to rectify bounds, one day, two years ago, 8s .; the year after, one corner bound which the men the year before had concluded to be the ancient bound betwixt them he desired the men to go again, 8s .; several years ago when John Acy made his first claim, two men one day to show the bounds, 4s .; himself and three men to settle the bounds, 8s .; two men to measure the land, one day, 4s. John Pickard, Ezekiel Northend and John Johnson testified to the same. Sworn in court.
Copy from the town book of Rowley, Mar. 8, 1681, by Philip Nelson, t recorder:
"To Richard Swan six Acres be it more or less, one Acre of it beinge part of his second division, liinge on the west side of Thomas Burkbees Land buttinge as aforesaid only a littell side of the west side ioineth upon some common land through all these above mentioned lots, there is allowance for a cart way that so each of them, and the lots that are laide out, beyond them, may have sufficient and convenient passage without disturbance.
"To Thomas Leuer four Acres be it more or les, one Acre of it beinge part of his second division, liing on the west side of Richard Swans Land, buttinge on the common on the south end, the North end buttinge on Simons brooke.
"To Thomas Tenney, three Acres, be it more or less, liinge on the west side of thomas Leuers Land, the south end butting against common land, the north end abuttinge on Simons. brooke.
t Autograph.
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IPSWICH QUARTERLY COURT
[Mar.
"To John Scales four Acres and twenty seauen rods, be it more or less, one hundred and seauen rods of it is for want of the share of one Acre and halfe lot in the marsh feild, part of it lieth against the west end of his polipod lot, and against the west ends of William Sticknees, and william Scales polipod lots, the rest of it lieth on the west side of Thomas Tennies first diuision of land, the south end butting against common land, the North end buttinge on Simon's brooke, the west side bounded in a swampe against William Acie Land.
"To William Acie four Acres be it more or less, liinge on the west of a swampe, against the west side of John Scales his land, the North end abuttinge against Simons brooke, the south end abutting against common land the west side bounded by land of Mr. Sammuell Philips, hauinge a highway through it, for the lots beyond it."
"To Thomas Leauer two Acres be it more or les lieing on The north side of Richard Swans lands: the east side bounded by a highway alowed for Richard Swan or any beyond as marke Prime and Edward Hazen to Come into the highway ouer the lots: The west side bounded on the swamp by sev- erall marked trees Bounding william acys land and it: The north end of it Joyning partly to the South end of his owne first devision of land and partly to the first division of Thomas Teny and John Scails lands." Copy from the book of records of lands of Rowley, Apr. 14, 1680, by Phillip Nellson,* recorder. Recorded in the record of lands for Essex, liber 4, page 362.
Charles Brown and Ebenezer Brown deposed that the land on the south side of the swamp claimed by Leaver could be improved by plowing, as a great part of William Acie's has on the north side. Sworn in court.
"Att a Legall towne meeting held the 28 of February 1678: John Pickard, Ezekiell Northend and John Johnson were Aponted by the towne to determine acording to their best light any difference betwixt one man and another Respecting bounds of land or meadow." Copy from the town book, 28 : 1 : 1682, by Thomas Lambertt,* keeper of the book.
Thomas Leaver's bill of cost, 2li. 9s. 8d.
The committee appointed by the town to settle the bounds, being desired by Leaver who complained that the small ash tree that was settled on by them last year as a corner bound was cut up, went with him on Apr. 27, 1681 and marked the stump of the tree by laying stones by it, and also marked other new trees. Sworn in court.
Thomas Leaver, sr., aged sixty-seven years, testified that being with Capt. Brocklebanke, Richard Swan and Ezekiell Northend, lot layers, etc. Sworn in court.
* Autograph.
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John Johnson, John Pickard and Ezekiell Northend, ap- pointed by the town to rectify bounds, certified that they settled the bounds between Leaver, Scales and Acy, and con- cluded that the ancient bounds between Leaver and Scales was on a line from a red oak which was the corner bounds between Thomas Teny and John Scales, to a small ash tree marked on three sides standing by a great stump about two rods from the bridge going over the swamp between Acy and Scales; and the bounds between Leaver and Acy were from the ash tree up the swamp to the end, according to town record of May 20, 1650. Sworn in court. Recorded, Oct. 22, 1680, in the records of lands for Essex at Ipswich, book 4, page 362, by Robert Lord,* recorder.
John Johnson and Daniell Wickam deposed that they went to Simon's field to view the bounds, etc.
Charls Brown, John Lighton and Benjamin Scot deposed that going through Simmons field for some years they had seen the marked bounds and in company with Mr. Phillip, John Acie, Joseph Kilborn, they, upon request, showed where they had seen the corner bound stand, etc. Sworn in court.
Ezekiell Northend and John Johnson deposed. Sworn in court.
Deed, dated Feb. 17, 1681, from Thomas Leaver, sr.,t and Mary (her mark) Leaver,# confirming a deed of gift to their son Thomas Leaver upon marriage of one-half of their lands within five miles of the town of Rowley, and also to said Thomas the son, two acres of land in that field commonly called Sy- mons field, which division was the last in that field laid out to them, bounded on the west by land laid out to William Acy, on the north by land of John Scails, Thomas Teny and some of their own. Wit: Thomas (his mark) Burke and Mighell Creesse .* Acknowledged, Mar. 27, 1682, before Daniel Denison .* Recorded, Mar. 27, 1682, among the records of lands for Essex, liber 4, page 437, by Robert Lord,* recorder.
William Brown, aged about twenty-six years, deposed that he was with his uncle John Acie when he broke up his grandfather Acie's land at Simons field. Before they began to plow they went to the stake at the south end of his grand- father's and Mr. Samuell Phillipses lot, etc. Sworn in court.
Thomas Tenny and Benjamin Scot deposed. Sworn in court.
Ezekiell Northend, aged about fifty years, deposed. Sworn in court.
John Johnson deposed. Sworn in court.
Willyam Acie,* aged about ninety years, deposed that the * Autograph. t Autograph and seal. + Seal.
270
IPSWICH QUARTERLY COURT
[Mar.
Samuell Bishop, administrator of the estate of Margret Bishop, executrix of the estate of Tho. Bishop v. William Hodgekins, sr. Debt. Withdrawn .*
lot layers never told him that the south end of his lot was shorter at one side than the other, and were it not that his strength failed him by reason of his age and his help went from him, he would have broken up that corner supposing it to be his.
Thomas Tenny, sr., deposed. Sworn in court.
Charls Brown and Benjamin Scot deposed. Sworn in court.
*Writ, dated Mar. 20, 1681-2, 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.
Job Bishopt of Ipswich certified that he took a bill of Hodg- kins and got a new one for the old, also another of Dan. Clark of Topsfeild of 8li. in New England silver, all of which he assigned, July 21, 1680, to John Numarch, sr., for part of his own bill and one of Samuell Bishop's to said Numarch. Wit: John Sparke.t
At a county court at Dover, June 24, 1679, Job Bishop of Ipswich chose Maj. Robert Pike of Salsbury as his guardian and he was allowed. Copy made by Elias Stileman,f cleric.
Abigail Wilson, aged about forty-one years, deposed that the wife of Thomas Bishop, formerly merchant, had her youngest child, whom she named Job, about the time depon- ent's first child Joseph was born and that there was about ten weeks' difference in their ages.
Robert Lord,t recorder, certified that Joseph, son of Shore- borne Wilson was born June 1, 1660.
John Numarch, sr., aged about sixty years, deposed that after widow Bishop's decease, he was sent for to go to the house of Goodman Hodgskins, sr. Job Bishop was there with a book of accounts and a bill. At the signing of a bill to Job Bishop and delivery, deponent saw the book crossed and the old bill given in and burned, which they said was for for a boat that he had bought of Thomas Bishop. Sworn in court.
Fishermen's bills due to Thomas Bishop, executor: William Hodgskins, 29li. 78. 9d.
Copy of records, Mar. 29, 1681, and Feb. 17, 1670, of Ipswich court in a similar action. On the reverse: Short cable, 3li. 2s .; top halyards, 15s. 7d .; Shrouds, 3li. 6d .; small rope, 98. 1d .; small rope, 3s. 8d .; bigger rope, 6s. 5d .; one great cable, a smaller cable.
t Autograph.
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Samuel Bishop, administrator of the estate of Margret Bishop, executrix of the estate of Tho. Bishop v. Daniell Clarke. Debt. Withdrawn.
Samuell Bishop, administrator of the estate of Margret Bishop, executrix of Tho. Bishop v. Thomas Verry, Tristram Elford and Mathew Wheeler. Debt. Verdict for plaintiff, in fish .*
Major Robert Pike was sworn commissioner to end small causes at Salsbury.
Thomas Knowlton acknowledged judgment to William Vahan, Esq., in money and neat hides, if green, at 3d. per pound, if dry at 6d. per pound.
*Writ, dated Dec. 27, 1681, signed by Robert Lord,t for the court and town of Ipswich, and served by Thomas Riggs, t constable of Gloscester, who delivered Thomas Very to the prison keeper at Ipswich.
Samuell Bishop's bill of cost, 1li. 6s.
Mathew Wheelert certified, 20 : 7 : 1666, that the provisions they received from Thomas Bishop came to 36li., for which they gave him 18 quintals of merchantable fish and two barrels of mackerel. Wit: Nath. Saltonstall.t Thomas Bishop'st receipt on 18 : 4 : 1667, for 5li. 1s. 6d.
Account of what Thomas Very, Tristram Elford and Matthew Wheeler had 15 : 9 : 1664: 11 bushells of Indian corne, 1li. 13s .; 3 bush. wheat, 15s .; 3 bush. mault, 15s .; 7 bush. Turnups, 8s. 2d .; 400 of bread, 4li .; 543 pound of porke, 8li. 16s .; 2 bowles, 1s. 4d .; 8 pound of Tobacko, 8s. 8d .; pound and half of Tobacko, Is. 7d .; by Deacon Pengry, lli. 2s .; a pair of boots and a pair of shoes for Thomas Verey, 1li. 8s .; pair of boots for Tristram Elford, 1li. 2s .; 2 skins, 5s .; an ax at the smith, 4s. 6d .; 10 : 1664, 8 bush. Indian corne, lli .; 6 pound of Tobacko, 6s .; Thomas Verry by Phillip Muddle, a pair of shoes, 5s .; pair of shoes from Goodman Buckley, 2s. 4d .; 400 of bread, 4li .; 3 bushells pease, 12s .; 3 bush. Indian corne, 10s. 6d .; 6 bush. wheat & barley, lli. 8s. 6d .; 3 bushells malt, 15s .; pipes & paper, 4d .; 6 pound of Tobacko & thread, 6s. 2d .; 2 quarts of Rumme, 2s. 6d .; 212 pound of porke & salt, 3li. 12s .; half a pound of sugar, 4d .; 12 : 3 : 1665, a pair of shoes he said he would bring again, 5s .; Thomas Verry by Elwell, 2 bush. wheat, 10s .; Tristiam Elford by Deacon Pengry, 4s .; pound of Tobacko, 1s .; & dossen of pipes, a quarter of an hundred of bread, 5s. 6d.
t Autograph.
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272
IPSWICH QUARTERLY COURT
[Mar.
Cornet John Severns of Salsbury acknowledged judgment to Mr. Richard Martin.
Upon hearing the case between Danell Ela and his wife, court ordered him to pay a fine of 40s .*
*Petition of Elisabeth (her mark) Ela: "Whereas my husband danill Ela is by warrante to appere at this honrid Coorte to Answer to A complainte made against him which I Apprehend by my unadvised speeches spoke Agenste him: Abowghte his barbarose usage toward me and of his turninge me owte of dores which if it be proved that I did say soe it was in A passhon if I did say soe but I Cannot say that I did for my goeinge oute of dores to my naibers howse was of my selfe & not of my husband turneinge me owte: I know that my husband was angry and did say more at that time to me then he wolld doe at another time & leaste my staying sholld Carse forther words to pase betwen us I ded as A four say leaue the howse I know I am twoe apte to speake more then I doe allow my selfe in: and whereas I am warned to appeare to prossicute against my husband and these under my hand doe testify to the onrid Corte that I have nothinge Agenste my husband to Charge him with." Wit: Isrell (his mark) Ela and James Pecker.t
John Griffing deposed that being at the house of Daniel Ela with Benjamin Kimball and others on Jan. 28, 1681, William White and Andrew Grely came in to speak with Ela about a complaint the latter's wife had made to said White. Ela was very angry and told White that he was a meddling knave and bade him go home and order his own wife, for said Ela "I knu how to order mine beefore you knu mee." Ela further said he would humble him for he had always been a pimping knave to him. Ela said that she was no wife of his and she should not come within his doors unless she humbled herself for what wrong she had done him both in person and estate by her tongue. She was nothing to him but a devil in woman's apparel and if he ever had her come home without an humble acknowledgment, he hoped his hands might rot off or his legs never carry his body more. Sworn, Feb. 6, 1681, before N. Saltonstall, f assistant.
Matthew Heremon testified that Ela said his wife was his servant and his slave and he would have her whipped but that it would be a disgrace to him, for he would never have a quiet hour until he did.
Andrew Grelee testified that on Jan. 28, 1681, William White came to his house saying that Goody Ela was at his house and did not dare to go home, for her husband had beaten t Autograph.
273
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RECORDS AND FILES
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her. So they went to Ela's house to see what the matter was and found Ela "was very high in his expression & very un- beseeming a man speaking vilely of his wife & said shee was none of his wife, shee was but his Servantt, hee was a gentell- man borne, shee was butt a poore widdow," and he was a hundred pounds worse for her. He further threatened White if he entertained her, saying he would make him smoke for it, and told White he was an enemy of his and he would get even with him for witnessing against him that he was drunk. "I hate you," said he, "I do hope to haue a time to requite you for yor kindness, alsoe hee said he was Lord paramount in his owne house hee might doe or say w hee would & none should controule him." Deponent led Goody Ela from White's house after he had come from the Captain's and Ela refusing to let her in, he left her in the yard and went to the Captain again to know what to do with her. When he returned he met her at the bridge and she said that her husband came after her with a stick in his hand to beat her. Then deponent took her to John Page's according to the Captain's order, where he left her. She desired deponent to go to her husband and ask him to let her have her Bible and spectacles, but he refused to give them up. Sworn, Feb. 6, 1681, before N. Saltonstall,* assistant.
William White deposed that Ela's wife came to his house crying that her husband had beaten her on the head, held up his knife in his hand and said he would have her heart's blood, so that she was afraid he would kill her. White said, " Alass, poore woman, I am sorry for you." "Sorry," said she, "if you will not entertaine mee & lett mee abide in yo' house I will lie in the street in the snow & if I perish, my blood be upon yo' head." She said the Captain was not at home and the constable and grandjury man were so far away that she could not go to them, etc. Sworn, Feb. 6, 1681, before N. Saltonstall,* assistant.
Benjamin Kimball, aged about forty-five years, deposed that he was at Ela's house fanning wheat on that day and when Ela came in his wife asked him to pay Hanell Clarke his honest due for his work. Ela told her to hold her peace and meddle with her own business or else he would pay her off. Then Ela asked deponent to go to the cellar with him to move a barrel and his wife asked why he did not draw the man a pot of cider. Ela called to the girl for the "cay" but his wife brought the key herself and he refused to give it to her again, which caused the quarrel. She followed deponent to the barn, crying and sniffling while he fanned two bushels of wheat, etc. Sworn, 6 : 12 : 1681, before N. Saltonstall, *. assistant.
* Autograph.
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274
IPSWICH QUARTERLY COURT
[Mar.
Mary Hood, presented for fornication, was ordered to be whipped or pay a fine of 6li.
Abigaill Hart, presented for fornication, and declaring Daniell Jencks to be the father of her child, was ordered to be whipped or pay a fine of 3li.
Upon complaint and information of Joseph Pike, constable, that he had apprehended Robert Kam, who had beaten and abused George Hardy, assaulting him on the highway, and Tristram Coffin having engaged for Kam's appearance where- by he was released from the constable's custody and later escaped, court ordered said Coffin to pay costs.
John Stone of Beverly had his license renewed for a year.
Samuell Colby of Amsbury had his license renewed for a year.
Mrs. Ann White of Newbury had her license renewed for a year.
Court receiving an approbation from the selectmen of Marblehead of Mr. Christopher Lattimore for a license to keep a public house of entertainment there, granted him a license for a year.
Richard Norman, upon a like certificate, was licensed to keep a house of public entertainment for a year.
John Tod of Rowley was licensed to keep a house of public entertainment for a year.
Mr. Peeter Duncan had his license renewed for a year. William White had his license renewed for a year.
John Sparke had his license renewed for a year.
James Kent of Newbury dying intestate, court granted administration upon his estate to John Kent, his son.
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