USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 32
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Isrell Woodwort's bill of cost against Joseph Lufit, Daniell Polle, John Traske, Thomas Killam, Mordicar Larcum, Charles Gott and John Edwards, for a warrant from Worship- ful Mr. Browne, to Capt. Fisk, etc., 3s. 3d.
Copy from the town book of Newbury made by Anthony Somerby,* clerk: "At a meeting of the selectmen August 14, 1679 By reason of the great losse & damag the Town hath sustained former yeares by reason the Rams were not put away from the flocks in season. The selectmen ordered that all the Rams should be Romeued from the seuerall flocks of sheep throughout the Towne, within foure dayes after the date hereof on penalty of forfeiting the said Rams, that shalbee found among the said flocks after the two & twentyth of this prsent month, And if any Ram or Rams bee found in any of the said flocks after that day, It shalbe lawfull for any Inhabitant to take them & kill them for his owne use & the shepard to pay ten shillings to the Townes use."
Petition of Robert Pike* to the Ipswich court, Mar. 26, 1682, for a debt of 4li. which was due him from Salisbury court before the change and which Mr. Dalton had shown was due. He asks that he be allowed that amount out of rates which he had paid at Ipswich.
Charges of the selectmen of Ipswich, by Nehemiah Jewett, recorder, 28 : 1 : 1682, about Mary Williams when her child was born: bedding, lli. 5s .; keeping at James Fuller's, 10s .; keeping at Thomas Knowlton's about one month, 10s., etc .; total, lli. 18s.
Writ: Samuell Bishop, administratrix of the estate of widow Bishop, executrix of the estate of Thomas Bishop, deceased v. Daniell Clearke; debt, dated Mar. 20, 1681-2; : signed by Robert Lord,* for the court and town of Ipswich; and served by Robert Lord,* marshal of Ipswich.
Charges of the selectmen of Ipswich, by Nehemiah Jewett,* recorder, 28 : 1 : 1682, about the servant of Mr. Epps when her child was born: bedding, 5s., bed cord, 4s .; keeping at Mr. Wilson's, 10 days, 4s .; the midwife, 5s., etc .; total, 3li. 16s.
Petition of Samuel Beadle: "Wheras by the prouidence of God & my hard Seruis in the Narraganset Country my health has bin much impared & my body uncapable of fol- lowing my calling (by reason of grevious aches & paines yt constantly atend me) the Consideration wherof has moued the Selectmen of Salem to Consider of Some fit way for me .
* Autograph.
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:318
SALEM QUARTERLY COURT
[June
COURT HELD AT SALEM, JUNE 27, 1682.
Judges: The Major Daniel Dension, Esq., Major Saltonstall, Esq., Barthol. Gedney, Esq., Major Samll Apleton, Esq., William Browne, Esq., and Major Robt. Pike, Esq.
Grand jury: Nathanll. Putnam, Wm. Trask, Christo. Bab- badg, James Symonds, Henry West, John Loomes, George Gowing, Tho. Farr, John Newall, jr., Robert Leach, John Kil- ¿burn, Ensigne Samll. Corning, Will. Greeggs and Erassmus James.
Jury of trials: Robert Kitchin, Edw. Flint, Tho. Flint, Rich- ard Pritharch, Benja. Pickman, Archebell Forgison, John
wherby I might get a liuelyhood for myselfe & Family & for that end haue Granted me there aprobation for one of the Inholders to kep an Inn in the Towne of Salem." He requests the court to grant him a license.
Approbation of Mrs. Ann White by the selectmen, Nathll. Clarke,* John Bartlett, sr.,* Francis Brown* and James Ordwaye,* presented Mar. 28, 1682 at Ipswich court, she having "given verry good content in her place both to towne ;and Countrey."
Approbation of Left. Richard Norman, dated Mar. 11, 1681-82, by the selectmen, Moses Mavericke,* Sam. Ward,* Ambros Gall,* John Peach* and John Waldron* as an innkeeper, "the situation of our place being a Seaport towne, and the concourse of many strangers especially in the summer season being such that one particular house of entertainment cannot with any convenience accommodate all with what may be needfull. Norman's house had been formerly licensed and he was "one who will (we hope) endeavour to keep such good orders in his house that none may charge him with just matter of complaint but will be striving to discharge that place, that all persons may acquiesce in your nomination "& choice."
Approbation of Joseph Fletcher, by the selectmen of Salis- bury, Tho. Bradbury," John Ilsly,* William Buswel,* Henry Browne* and John Stevens,* dated Apr. 18, 1682, to keep a house of public entertainment.
Approbation of Mr. Christopher Lattimore, dated Mar. 11, 1681-82, by the selectmen, Moses Mavericke,* Samll. Ward,* Ambros Gall, John Peach* and John Waldron,* as an innkeeper, he keeping "an ancient house and most convenient for shipping."
* Autograph.
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319
RECORDS AND FILES
1682]
Edwards, John Fitch, Ensigne John Fuller, Cornet John Lewis, John Newall, sr., and Daniell Needham.
John Lambert v. William Dutten. Replevin. Verdict for plaintiff.
Leift John Putnam v. Tho. Baker. Trespass. Verdict for plaintiff. Appealed to the next Court of Assistants. Defendant bound, with Jacob Towne and John How as sureties .*
*Writ: Leift. John Putnam v. Thomas Baker; trespass; for coming upon his land near William Nicholls' and felling his timber; dated 14 : 4 : 1682; signed by Hilliard Veren,t for the court and town of Salem; and served by Daniel Reddinge, t constable of Topsfield, by attachment of house and land of defendant.
Thomas Baker's bill of cost, 2li. 3s.
John Puttnam's bill of cost, 3li. 2s. 10d.
"Att a meeting of the Selectmen 26th 12mº 1654-55 Granted to John Puttnam jun' thurtey acres of upland neere adjoyning to the Farmes of Capt Hathorne Jnº Ruck & W" Nicols being in exchange of the thurtey acres hee should haue had att the end of Capt Hathorne, his farme. and further we doe apoynt that the surpluss of the land Contained within the aforsd Bounds shall apertaine & belonge to Richard Graues, in Con- sideration of fourtey acres formerly granted unto him ye sayd Graues." Copy made, Jan. 19, 1681, from the Salem book of records by John Hathorne, t recorder.
"March 25th 1659. Wee whose names are under written being Chosen & Impowred by the Inhabitants of Salem & Topsfield to Run the Six mile Extent, & also the deuisionall line betweene the two Townes, haue thus agreed & determined namely that wee haue Run the six mile extent upon the N West & by N, which ends in the edge of a swamp of John Putnams called the great Ashen Swamp. next unto a Hill Commonly called by the name of Walnut tree Hill neere unto Perrys Wigwam. & from thence haue thus far agreed upon the deuisionall line' which runs S W Westerlye to the Riuer syde Commonly called by the name of Ipswitch Riuer, where wee marked trees by a Rock towards the East & a neck of land Commonly called Cromwells neck westerlye of the sayd trees marked. & from thence S W one mile & a quarter & soe one according to ye rule that M' Joseph Gardner Run the || aforesayd || deuisionall line & from the six mile Extent towards the N. E. Easterlye as itt is bounded and marked one mile & a quarter ending att a swamp by a hill called Smiths Hill & from thence towards the E. N. East Ending upon a Hill neare Wenham Caseway and soe towards the E. & + Autograph.
320
SALEM QUARTERLY COURT
[June-
by N. one Hundred Rods ending att Wenham Meadow Syde Thomas Puttnam, Nathaniell Puttnam, Joseph Hucheson, Abraham Redington, John Redington, Jo. Wild, Wm. Euans." Copy made, June 18, 1682, from the Salem book of records by John Hathorne,* scribe.
"At a Lawfull Towne meeting the 22 March 1680 or 81 The Towne giues full powere to M' Thomas Baker and Corp" Jacob Townes & John How to demand of any man or men that hath aney Land Lying in our Towne to show there bounds of ye land they haue in our Townes bounds: and if they or hee doe refuse to showe there bounds they haue full power to sue for a mesuere of their Land and to dos there beest indeuere to recouer for ye Towne what is more then there grant. Voted." Copied June 23, 1682, from the town book of Topsfield, by John Gould,* recorder for Topsfield.
"At a Lawfull Towne meeting ye 12 Apriell 1682. The Towne has agreed to giue full power to M' Thomas Baker & Corp" Jacob Townes & John How to sue for a mesuer or for a true & excact acount of all ye Land any man or men dos Clame within our bounds & ye aforesaid men are impowered to sue or other wise at any Court or Courts & to prosikute from Court to Court tell they haue ended ye case this is to Confurme any former order relating to some of Salem men that haue Land in our bounds and Whenham men or any that dos Ly upon our Com- mons. Voated." Copy made, June 23, 1682, from the town book of Topsfield by John Gould,* recorder.
"At a Lawfull meeting of ye Selectmen ye 4 day of May 1682. Wee doe hereby giue full power to M' Thomas Baker, Corp" Jacob Townes & John How to demand of any or all the men of Salem or Whenham that Some Land or medoe in our Towne bounds to show there Rights and titeles to those Lands Clamed by them and also there seuerall bounds to those Lands clamed. by them and if any or all of them shall refuse: or doe not make it Legally apeere how they came by these Lands they Claime to ye sattisfaxtion of ye aboue said Baker Townes & how wee doe heareby giue them full power in ye Name of ye Towne to make trespas one those Lands: or sue the Clamers thereof and prosekeat ye The Law againts them or aney of them: or to Compound and agree with any of them as they shall see meete and what so euer they shall doe there in wee well owne and: stand by and Conferme as witnes our hands. John Gould, sr., Francis Pebody, Thomas Perkins, John Redington." Copy made, June 23, 1682, from the book of records of Topsfield, by John Gould,* recorder.
"Att A Generall Court held at Boston 4th September 1639- whereas the Inhabitants of Salem haue Agreed to plant a village nere the Riuer which Runns to Ipswich It is ordered that all the-
* Autograph.
.
321
1682]
RECORDS AND FILES
land neare there bounds, Betweene Salem, & the sayd Riuer not belonging to any other Towne or person by any former Grant shall belong to the sajd Village." Copy made by Edwd Raw- son,* secretary.
"Att A Generall Court held at Boston 19th Ocotber 1658. In Ans' to the petition of the Inhabitants of Topsfield It being put to the question whither the bounds of Salem shall be ac- compted to Runne from the meeting house sixe miles into the woods & no more Alwayes provided that the particular persones to whom lands haue been Granted by Salem whin Topsfield line shall belong to the proprietors. The Court resolved this question in the Affirmative." Copy made by Edward Rawson,* secretary.
"Att A Generall Court of Elections held at Boston 10th day of the 3d mo. 1643, Whereas the Court holden at Boston the 4th of 7th mo. 1639 there was certeine land lying neare Ipswich ryuer granted for a Village either to some of the Inhabitants of Salem or some of the Inhabitants of Ipswich who haue farmes neare unto the said land to be enjoyed by those who first setled a village there they both propounding for it together howsoeuer the order mentioneth onely Salem Inhabitants & for as much as the Inhabitants of Ipswich haue for neere this two yeares procur- ed and mainteined one to dispense the word of God unto them which they Intend to continue; It is therefore ordered and granted that M' John Endecott and the said Inhabitants of Ipswich vitz M' Bradstreet M' Symonds M' Whittingham M" William Payne, M' Robert Payne and such others of Ipswich or Salem as they shall associate to themselues shall haue liberty to setle a village neare the said River of Ipswich as it may be most Conuenient for them, to which the aforesaid land shall belong vizt all that which lyeth neere the said Riuer (not for- merly granted to any Towne or person. Provided that any of the Inhabitants of Salem who haue farmes neare unto the said land now granted shall haue liberty for one yeare next Coming to Joyne wth the said village and to haue there equall and pro- portional priuiledge in the same And whereas M' Bradstreet hath liberty granted him to take his farme of fiue hundred acres in the next Convenient place that is fitt for a farme to that which is Granted to M' John Endecott which may prove pre- judiciall to the said village : It is therefore ordered that the said Mª Bradstreet shall haue liberty to take his said farme of fiue hundred acres in any other place not yet granted to any Towne or person, nor prejudiciall to any plantation made or to be made which when he hath so donne and manifested the same to this Court his aforesaid grant shall forthwith be voyd, and the said land shall belong to the village before mentioned to be disposed of by the Inhabitants thereof for the good of the whole
* Autograph.
21
1
322
SALEM QUARTERLY COURT
[June
And if Salem and Ipswich shall not Agree before the next Court about a parcell of meadow now desired by Salem to be to Wen- ham then the Court shall determine it." Copy made by Edward Rawson,* secretary.
Jacob Town and John How testified that Mr. Thomas Baker went with them to Goodman Niquall's house where they met John Putnam, sr., and showed them an order from Tops- feld to demand of any of Salem men that claimed land within Topsfeld bounds to show them their bounds and grants and if they were not satisfied, they had liberty to fell timber on their claimed land and stand suit with them. Left. John Putnam told them that his land there was never laid out by any lot- layers and that he had no bounds except what his grant gave him. So deponents before his face felled one timber tree within Topsfeld line a considerable way. John Putnam further told them that he had a hundred acres or more adjoining that they felled the tree on within Salem line. Deponents told him he had more than his due there and he had no reason to claim theirs. Sworn in court.
Willyem Nicquells, John Nicquells and Philip Knight testi- fied that Mr. Ruckes farm and Willyem Niquells' farm do not join by a considerable distance, also that Left. John Putnam's land joins to Mr. Ruck's, Willyem Niqualls' and Major Hath- orne's farms. Willyem Nequalls testified that Mr. Ruck's farm was laid out at two several times, many years apart, and the last lay-out was about twenty-four years ago. Owned in court by John Putnam.
Copy of deed, dated 12 : 3 : 1655, from Richard (his mark) Graves of Salem, pewterer, for 55s., to John Putnam of Salem, husbandman, fourteen acres which was granted him by the town of Salem, between the land of John Rucke and the land of William Hathorne and William Nickles in Salem. Wit: Rob- ert Prince and Eliase Stileman. Acknowledged before John En- decotte, deputy governor. Copy made by Hilliard Veren,* cleric.
Geo. Corwin, aged about seventy years, testified that he came into this town about forty-four years ago and having been here a year or two he went to the general town meeting to desire some land or a farm, but they answered that they meddled with no such things, leaving them wholly to the selectmen. Later deponent spoke to the selectmen and had a farm granted him. He was chosen selectman for several years and never knew any farms or great lots ordered to any one except by the selectmen. Within a very few years the town ordered them not to dispose of any more without the consent of a general town meeting or the major part of them. Deponent declared that the land be- longing to Richard Graves or Jno. Putnam, sr., was laid out before Topsfield became a town. Sworn in court.
* Autograph.
323
RECORDS AND FILES
1682]
Nicholas Woodbery v. John Elletrop. Withdrawn .*
Daniell Andrews v. Jeremiah Watts. Slander. Verdict for plaintiff. Defendant was to make acknowledgment, that he had done wrong in calling plaintiff a thief and saying that he had stolen his pewter, at the village meeting house on some public day within one month.
Benjamin Balch, sr. v. Wm. Dodge, jr. Verdict for de- fendant.t
John Nickoles and Philip Knight deposed that they heard Thomas Baker tell John Putnam, etc. Sworn in court.
Left. Thomas Putnam, aged about sixty-six years, deposed that his brother John Putnam, etc. Sworn in court.
Edmund Batter, aged about seventy-three years, deposed that in 1669 the town prohibited the selectmen from granting farms, etc. Nathaniell Putnam testified to the same. Sworn in court.
*Writ: Nicholas Woodbery, sr. v. John Elletrap; for with- holding or non-payment of fifteen pounds, the remainder of four years' rent for a farm lying in or near Manchester, beginning Mar. 25, 1677-8, being half the term of the lease, dated Feb. 12, 1677; dated Salem, June 17, 1682; signed by Hilliard Veren,t for the court and town of Salem; and served by Onesepherus Allen,# constable of Manchester.
tWrit: Benjamin Balch, sr. v. William Dodge, jr .; non- payment of an agreement made in writing and confirmed by the Ipswich court, Mar. 28, 1682; dated June 17, 1682; signed by Hilliard Veren,{ for the court and town of Salem; and served by Joseph Dodg, constable of Beverly, by attachment of the malt house of defendant.
William Dodge's bill of cost, 16s.
William Rayment, aged about forty-three years, and John Dodg, aged about forty-six years, deposed that the house and five acres of land mentioned in a deed from William Dodg to William Woodbery in 1665 is the same land and house that is mentioned in the inventory of John Balch, jr., etc. Sworn in court before Nath. Saltonstall.}
John Rayment, aged about sixty years, and Peter Woodbery, aged about forty years, testified that they were proprietors in part of those farms which were equal in grant with old John Balch's farm and in common lump together, and they divided it, 261 acres to each farm. William Dodg possesses but sixteen acres of that land that was old John Balch's farm. Sworn in court.
Copy of deed, dated Jan. 15, 1663, from Benjamin Balch of # Autograph.
324
SALEM QUARTERLY COURT
[June
Salem, yeoman, for good will and affection, to Mary, late wife of his brother John Balch, now the wife of William Dodge, the younger, 16 acres of land in Salem on Bass river side, so called, at the head of the rails toward Wenham, on the west side of the country highway that goes to Wenham and is part of about fifty acres which was lately John Balch's and by the Ipswich court on March 31, 1663, ordered to grantor, also three acres of meadow which he gives her for life, at her death to return to him, it being that part of the meadow which is the outside farthest from his own land. Wit: Hilliard Veren. Acknowl- edged, 14 : 11 : 1663, before Wm. Hathorne. Copy made from the book of records in Salem by Hilliard Veren,* recorder.
Walter Fayerfield, aged about fifty-one years, deposed that Benjamin Balch, sr., told him that the quarter part of his father's farm which was given to his brother John Balch by his father was in his possession, except the sixteen acres, etc. Sworn in court.
William Rayment, aged about forty-three years, deposed that for twenty or thirty years Benjamin Balch, sr., had acted in the divisions of the farms which were at first laid out in common, etc. Sworn in court.
Copy of deed, dated Apr. 27, 1665, from William (his mark) Dodge, jr., of Salem, yeoman, for 36li., to William Woodbery of Salem, mariner, a dwelling house with five acres of land upon which the house stands, with the fences, on Cape Ann side in Salem, bounded on the east by land of Christopher Crod and Thomas Tuck, on the west by some land of John Porter, sr., on the south by the highway against the North river and on the north by a highway. Wit: Hilliard Veren and James Browne. Mary, his wife, released her dower, 28 : 9 : 1665. Acknowl- edged, 28 : 9 : 1665, before Samuell Symonds. Copy made by Hilliard Veren,* recorder.
Copy of agreement, dated 1 : 2 : 1682, between Benjamin Balch and William Dodge: that the first settlement at Salem court should stand, the land and moveables to be equally divided according to inventory and all the debts due when John Balch died to be equally paid by said Balch and Dodge provided that all later settlements be made void; the three acres of meadow to William Dodge during his wife's life to be ac- counted Benjamin Balch's, as also the 2 1-2 acres of marsh at Salem; 16li. were to be allowed from the estate for expenses since Balch's death. Acknowledged, Mar. 28, 1682, in Ipswich court. Copy made by Hilliard Veren,* cleric.
Benjamin Balch* certified that he demanded of William Dodge, jr., as due per agreement 19li. 8s. 6d. as his part of the moveables and eight and a half acres of land or 50li. in money.
The agreement of William Dodg* on May 16, 1682, was re- * Autograph.
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1682]
RECORDS AND FILES
325
Mathew Farrington, sr. v. Mark Graves. Verdict for plain- tiff. Appealed to the next Court of Assistants. Defendant bound, with Henry Bailey and Phillip Fowler as sureties .*
fused in reference to the land and he now declares to Benjamin Balch that whereas the five acres of land with the house ap- praised in the inventory of John Balch had been sold at 35li. in pay to pay said Balch's debts, he would, however, for a full settle- ment agree to pay one-half of it in money, the rest of the land to be equally divided. Walter Fairefeild, William Rayment and John Conant testified in court that this agreement was tendered to Ben. Balch and Mr. Gardner.
Account of the division of the estate by Benjamin Balch, sr .: + the land and house at 85li., of which Dodge had the house and six acres of land inventoried at 35li., also 16 acres of the 50 acres, all of which was inventoried at 51li .; Balch had in his possess- ion 34 acres of the fifty, inventoried at 34li., so Balch had 17li. less of the housing and land than Dodge, half of which was due Balch; therefore Balch demanded 8 1-2 acres of land out of the fifty or its worth which is 5li. per acre in money or 7li. 10s. in current pay. There was also due to Balch half of 46li. 17s., which is the remainder of the estate.
Copy of inventory of the estate of John Balch of Salem, taken 19 : 1 : 1662, made by Hillyard Veren, t cleric.
*Writ: Matthew Farrington, sr. v. Mark Graves, living at Mr. Hubard's farm at Ipswich; for not allowing him disburse- ments upon the tide mill and housing amounting to 20li., for his part of said mill and housing being so much better at the end of the lease than when he entered upon it; signed by John Fuller,t for the court and town of Lyn; and served by Henery Skerry,t marshal of Salem, by attachment of a table and great chair of defendant.
Mathew Farrington's bill of cost, going to Reding, etc., 3li. 14s.
Mark Graves' bill of cost, 1li. 6s. 6d.
John Ballord and Henery Wormwood, aged forty-eight years, testified that the sills of the dwelling house belonging to the mill are rotten and sunken almost into the ground. Samuell Johnson testified to the same. Sworn in court.
Joseph Armitage, t Robert (his mark) Burgis, Robert Pottert and Thomas Newhall, t being chosen by Mathew Farinton and Marke Graves to appraise a tide mill, house, barn and land in Lyn, reported the first week of the 9th month, 1669: "The mill dame wantinge abought a foote and a hallfe of being leuill with the marsh: and the marsh betweene the dame and the mill was not pasable for persons nor horses to pase into the mill and for t Autograph.
326
BALEM QUARTERLY COURT
[June
the mill by reson of Breches all betweene the lead sill and the . Taille sill was underminded belowe the Timbors abought five foote which breeches came by reson of the defeckts of the Too sides of the Brest works: The Three gatts and watter whele nought and the shafte of the mill whelle uery moch defecktive. The Cogge whelle and Cogges and Trandells good Rine and spindell sixe Bills and on Crowe and on sledge and Roaps to take up the aforesaid millstoanes all sofishant The bridge at the mill head and all the Cape sills of the mill so Rotten as in a shorte time new ons most be putt in for the mill howse the sills so rotten as in a short time new ons most be putt in: the Couer- inge of the mill and the mill howse wrotten and leakey being most of it singell Claborded and sum of it singell borded and a litten Thatch opon on end of it and on end of the mill howse havinge Too floares of boards and the walls within side filled and plastred: and the other part of the walls of the mill howse beinge uerey much shattred and Broken: and the foare side of the mill howse the end next onto the mill Taille by resen of the wash of the watter woshin awoye the sand Indangringe the mill howse there beinge nothinge to prevent it. The newe end or a roome bullt at the mill howse end the sides borded the roofe borded and Battned the walls silled and Too flors of bords and Too Brick Chimnes: on Jame of the Chimnes on the north side defecktiue: no glase abought aney of the howsinge for the barne the roofe Borded with singell bords edge to edge no gabell ends Borded aboue the beames Three or fore Bords rownde the lower part of the walls of the Barne the Barne not beinge ground- pined."
Thomas Newhall, sr., and Robert Potter, sr., testified that they were at the water mill, etc. Sworn in court.
Robert Potter, sr., and Samuell Duntun, jr., testified. Sworn in court.
Oliver Purchis* and Samuell Dunten* certified at Lyn, June 6, 1682, that being desired by Mathew Farrington, sr., of Lyn to judge concerning the grist mill in partnership between him and Mark Graves who now dwells on the farm called Mr. Hubbard's farm as people travel to Ipswich and not only the mill, but the housing, barn and causeway, declared that it is worth 40li. in money more than when Graves leased his part to Farrington; and the leantoes to the dwelling house and barn built since the lease began, they did not value. Sworn in court.
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