USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 33
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Agreement, dated 26 : 8 : 1669, between Marke (his mark) Graves and Mathew Farrington,* of Lynn, partners in the tide mill at Lyn, said Graves leased his half part to Farrington, to- gether with the housing and small piece of land on which the barn stands for 3li. per annum for twelve years, beginning when said Marke should remove from the mill which was to be be-
* Autograph.
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Mr. Samuell Gardner, assignee of Mrs. Hannah Wells of Hartford v. John Lee. Verdict for plaintiff .*
tween this time and the next spring, but Mathew was to take possession at once, except the new room and the barn; the pay- ment was to be in neat cattle or corn, ten bushels of corn to be paid this winter at the house of said Farrington; he was to leave it in as good repair as when he took it, and if better, he was to be allowed for it. Wit: Andrew Mansfieldt and Rich. Haven.t Owned in court.
On the inside of the foregoing paper: "Take 3 hanfuls of Centary boyle it in a Gallon of spring water untill halfe is boyled away then strayne it and put in halfe a pownd of huny boyle it a little Let him take 9 sponfuls Mornings and Euenings."
Thomas Newhall, Robart Burgis and Robert Potter, sr., estimated that the mill was worth 40li. more than when leased. They did not include the leanto on the house and two on the barn. Sworn in court.
Andrew Mansfieldt and Rich. Havent testified that they were witnesses to the agreement.
John Ballard and Henery Wormewood testified that Graves tendered Farrington the rent of his part of the mill for one year for part of his allowance and he wholly refused it. Samuell Johnson testified to the same. Sworn in court.
John Ballard and Henery Wormwood testified that the mill was much worse off than at the beginning of the lease, because he had lost his custom, worn out the millstones and the sills of the house were rotten. While he asks for charges for the cause- way, he had lost the way that belonged to the mill so the cause- way was of no benefit, but a damage. By cross carriages to their customers they had forced people to leave that mill and go to Salem for grinding, etc. Sworn in court.
Robert Potter, sr., Samuell Dunton and Mathew Farrington, jr., testified that Samuell Johnson and Samuell Dunton were chosen by both parties to estimate the worth of the mill, but upon being asked to give bonds to stand by the award, Graves absolutely refused, whereupon the arbitrators refused to meddle with it. Graves' wife called in Ballard, her husband being present, and said that she delivered to Ballard possession of their part of the mill. Sworn in court.
*Writ: Samuell Gardner, jr., of Salem, assignee of Mrs. Hannah Wells of Hartford, Conn. v. John Lee; for non-payment of the produce of twenty-six bushels of pease and twenty-seven bushels of Indian corn; dated Boston, June 6, 1682; signed by Nat. Barnes, t for the court and town of Boston; and served by t Autograph.
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John Allen v. James Browne. Appeal from the commission- ers' court at Newbury, May 2, 1682. Verdict for defendant, confirmation of the former judgment. Appealed to the next Court of Assistants. Said Allen bound, with Hugh March and Thomas Putnam, jr., as sureties .*
Returne Waite, t marshal of Suffolk, by attachment of one-half of the sloop Adventure belonging to defendant.
Samuel Gardner, jr.'s, bill of cost, 18s. 6d.
Letter addressed: "To M' Hannah Welles, these prsent. post not pd. Hartford:"
"Mms Hannah Wells Boston 6th february 1681. "I Received you" of ye 2ª of nouember wherein y" aduise that had ordered one Jnº Lee to pay mee six pounds for your acco out of Some Pease and Indian Corne y" sent by him; said Lee appeares not & my Business Is soe urgent yt I Cannot Looke after him much more after Lawe Business to prosecute Itt, I am Sorry hee should Deale soe unworthily by you as not to Comply wth yor order & obligation. Nowe I pray take some speedy Course to Remitt mee my money for haue bene Long enough out of Itt; for my part expect Itt with Intrest wch I Judge nothing but Reason, pray faile not In ordering mee speedy satisfaction and y" will Ingage him who Remaynes
"Simeon Stoddard.t"
Simeon Stoder, aged about thirty years, testified that about a month or six weeks since, Jno. Lee of Ipswege and Samuell Gardner, jr., of Salem were at his shop discoursing about the pease and corn which Mrs. Wells of Hartford sent by Lee to the Bay. Lee promised to pay deponent 6li. in money in a very little while and to give Gardner a bill for the remaining 50s. Sworn, June 20, 1682, before Anthony Stoddard,t commis- sioner.
Jno Lee'st receipt to Mrs. Hannah Wells, dated Hartford, Aug. 19, 1681, for 26 bushels of peasen shipped on board the sloop Adventure, also 27 bushels of Indian corn, freight paid, to be transported to Boston and sold for Mrs. Wells. Wit: Ichabod Wells, aged about twenty-one years, and Jonathan Wells, aged about seventeen years, who were sworn, Mar. 25, 1681, before John Allyn, t assistant. Recorded, Mar. 9, 1681-2, in the public records of the Connecticut colony by John Allyn, t secy.
John Waitet certified, June 26, 1682, that last September he sold Indian corn for 2s. 3d. per bushel, which was the market money price and 4s. or 4s. 6d. per bushel for pease.
*Copy of papers in this action in the Newbury commissioners' t Autograph.
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court, Mar. 21, 1682, and May 2, 1682, made by Tristram Coffin,* clerk:
John Allin of Salesbury v. James Browne of Newbury; for taking and riding his horse contrary to his knowledge or consent about two years ago; verdict for plaintiff.
Writ, dated Mar. 16, 1681-2, for appearance at Mrs. Ane White's house, signed by Tho. Bradbury, for the court and town of Salisbury, and served by John Estman, constable of Salisbury. Bond of James Browne.
James Browne v. John Allin; review; verdict for plaintiff; defendant appealed to the next Salem court.
Writ, dated Apr. 19, 1682, signed by Tristram Coffin and Nicholas Noyes, commissioners of Newbury, and served by John Estman, constable of Salesbury.
Tristram Coffin's charges for copying, 11s. 6d.
Bond of John Allin, with Efraham Winslow and Georg Gouldwiar as sureties.
John Allen's bills of cost, 1li. 17s. and 5s.
James Browne's bills of cost, 14s. 3d. and 1li. 11s. 8d., going to Strawberry bank for a witness, etc.
Lydia Samborne, aged about twenty-seven years, testified that in April, 1680, she came with James Browne from Newbery to John Allin's house at Salesbury and saw Allin's wife in her garden. They asked her to lend them her horse to go to Hamp- ton Falls but she gave several excuses. Then she invited them into her house and finding that deponent was Stephen Sam- born's daughter who formerly lived at Hampton, she said she would freely lend them a horse and sent her maid to bring him. The maid brought the horse, gave him oats in the said house and bridled, saddled and pinnioned him for them. The maid's name by report was Hackit. James Browne deposed the same. Sworn, Mar. 29, 1682, before Richard Martyn of the council of New Hampshire.
Mary, wife of John Allin, affirmed that she refused James Brown her husband's horse because he had just come from Boston carrying double and but a half hour before had been turned out into the pasture. Brown took him and had also had him to go to Hampton the past January.
John French, sr., aged about forty-eight years, deposed that John Allin came to his house and balanced accounts with de- ponent's cousin James Browne, paying the latter 2s. for his horse to Hampton. Allin seemed satisfied and made no com- plaint about his taking the horse.
Niclas Noyes and Tristram Coffin deposed that Robert Roe owned in the commissioners' court that he saw Browne ride the horse away toward Hampton. Sworn, May 2, 1682, in Newbury .commissioners' court.
* Autograph.
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Richard Knott v. Job Tookey. Withdrawn .*
Rob Roe and Mary Hackett deposed that being at Allin's house at the time James Browne, the glazier, hired the horse, etc.
Hanah French, aged about fifteen years, testified that on Mar. 16, 1681-2, John Allin came to her father's house, etc.
James Browne affirmed that the two shillings he allowed Allin was for one journey to Hampton and one to Hampton Falls, and that twelve pence each time was as much as ever he gave for a horse from Salesbury to Hampton.
Henory Ambros, aged about thirty-five years, testified that being at Major Pike's corner with James Browne and Robard Roo, etc.
John Allin, Dr., 12 : 11 : 1679, for mending glas, 3s. 6d., 4 foot of new glas, 12d. a foot, 7s. 6d .; 21 : 11 : 1679, for 25 fote 1-2 of new glas at 12d. per foot, 1li. 5s. 6d .; by 8 fute 1-2 of Stefins feet at 18d. per foot, 12s. 9d .; 15 : 1 : 1681-2, by attach- ment, warrant and serving, 1s. 10d .; 16 : 1 : 1681-2, Rest due to me 8s. which is balance of all accounts between John Allin and me. John Allin, Cr., by money of Samll. Sharbron, Ili. 2s. 6d .; by puter, 9d., sarge, 9s. 7d .; dowlis, 6s. 9d .; by the use of his horse, 2s .; credit by a bill dated Mar. 16, 1681-2, 6s.
Jno. Allin's reasons of appeal.
James Browne'st answer to Jno. Allin's reasons of appeal: Roe denied part of his testimony after he had sworn to it in open court which invalidated his whole testimony and confessed that he was at the Major's barn when the horse was taken, which was at least half a mile off and too far to hear or see what he swore was true; that Browne did not go more than four or five miles on either journey; that he often had to hire a horse to go to Hampton by reason of his trade and had sometimes hired for 6d .; Allin desired Ephraim Winslo to plead his case; "and whereas the now plaintiffe puts in many ifs & ands it is not customary in the country to take wittness when on goe to Borrow a horse, if every one that Borrows a horse should be sued two years after & cant prove the lent of it ther is not one in ten but would be made to pay 10s."
*Writ: Richard Knott v. Job Tookey; about nine pounds silver or fish as silver and for disobeying said Knott's orders as per agreement; dated Mar. 24, 1681-2; signed by Moses Maver- icke,t for the court and town of Marblehead; and served by Elias (his mark) Henly, who delivered said Tookey to Benja- min Felton, goal keeper at Salem.
Agreement, dated Feb. 21, 1681, between Richard Knottt of Marblehead and Job Tookie,t now in Boston, said Tookie t Autograph.
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agreeing to go on a fishing voyage for said Knott for seven months for 40s. in fish per month, being provided with meat, drink, washing, etc., also fishing craft, as lines, hooks, lead, etc .; Knott also agreed to pay to Samuel Mattockes of Boston 37s. and to Mr. Wintworth of Great Island in Pascataqua river 7li. Wit: Joseph Webb* and Ezekell Needham, *. Owned in court.
Jno. Bartlett, aged about thirty-six years, testified that being in the house of Doctor Richard Knott he heard some words pass between Tukey and Knot. The latter bade Tukey go aboard the ketch to work but he said he had worked enough already and would go no longer with that master, etc. Sworn, June 27, 1682, before Bartho. Gedney,* assistant.
Nicholas Pickett, aged about twenty-eight years, testified that about Mar. 23 last he was desired by Dr. Knott to go aboard his ketch with Job Tookie to help him with a canoe load of ballast, which he did. Tookie was all right for drink but " as soone as wee came abord: the hatches beeing open The said Tookie ran to a hogshead of rum that stood in the Hold and tooke out the bounge: tooke the steme of an Indian Tobaco pipe: which was like a read: and drank out of the bounge of the Hogg soe Terrible that in a short tyme hee was uncapable for To doe any bisines yett desiring for to goe to the hogghead a Gaine which I The said Pickett would nott doe for hee had made himselfe drunke enough beefore: I layd the hatches and locked them: and soe wee came ashore: the said Tookie was very Angry bee -- cause I would nott Lett him drinck noe more." Sworn, June 26, 1682, before Moses Mavericke,* commissioner.
Job Tookie's* declaration: that he would have remained in Dr. Knott's service had he not been "put into this Miserable Prison, I would humbly beseech (yo' honore) to take notice that by our Agreement I was Shipped upon a fishing voyage But on the 21th Day of March last past the Master of ye abouesaid ketch and I hauing been all day att worke on board the said ketch after we left worke att night we came home to ye said Master knotts house he being then wth Seuerall men by ye fire I got into ye Chimney Corner to Warme my selfe it being pretty cold and I being wett in my feet; amongst other discourse (we being almost ready to Sayle to ye Southward) I asked Master knot whether he would not ship another hand aboard the ketch there being none but ye Master & myselfe belonging to her for I told him I thought we should be too few to Sayle her (I hauing been belonging to her upwards of thirteen months before) whereupon he called me Rogue and Seuerall other Names; whereupon I told him I was unwilling to go ye Voyage along wth him unlesse he would ship another hand; and besides I told him he was bounde to ye Southward for corne & I supposed he * Autograph.
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could not force me to goe wth him by reason our agreement was to goe upon a fishing Voyage; Whereupon he started up and gaue me Seuerall blows on the face I said nothing more to him but presentlye went up the Chamber to bed (lying then in his house) for he would not suffer neither the master nor myselfe to lye aboard) though I proffered to lye aboard seuerall Times as his wife & seuerall others can testyfye) and after I was in bed he got a great sticke to come up to beate me withall (and for all that I know would haue killed me had it not been for John Bartlett his brother in law and seuerall others that were in the house that would not suffer him to goe up staires.
"The next morning being the 22ª of March when I was got up Master Knott asked me whether I was in the same minde I was in the night before; I told him I supposed he could not force me to goe to ye Southward along wth him by our Agreement to which he answered that he was in a passion the night before; and that the passionatest men were allwayes the best natured men; and wth all told me that I might goe to Salem the next day along wth his Shoreman Nicholas Pickett: and there I might gett a Voyage to goe a fishing either upon my share or else upon wages and that I should gett ye Gentleman in whose Employ I went to Engage to him to pay my Debt by ye last of June (wch Debt was then about seven Pounds) I hauing been a month in his Employ ye Debt being att first about Nine Pounds and said that he would cleare me and deliver up my writings and agree- ment but desired me to goe aboard ye ketch that day by reason he was taken lame of ye Goute which accordingly I did; And att night when I came home again there were Seuerall fishermen with him and I remember he asked me if I was willing to goe a fishing in one of his shallops; I told him I hoped he would be as good as his promise to me which he made in Boston before Marshall Webb of Boston: M' Sam1 Wentworth of Piscataqua riuer Goodman Mattocks Cooper in Boston and Seuerall others (when we made our Agreement wch promise was that he would not put me into any of his Shallops unlesse I was willing; but what his Answer was (may it please The Honourd Court) I cannot certainly tell, for I depended upon his Proffer woh was that I should get a fishing Voyage att Salum as yor Honours haue already heard.
"The next morning which was the 23d day of March last about breake of day I being betwixt sleeping and waking I heard somebody call in the streets Job: Job: come will you goe; I being surprized could not tell who it was nor att present call to minde what he would haue; but a little while after I con- sidered wth myselfe and called to mind what Master knott had said to me ouer night whereupon I got up and comming downe staires I mett with the aforesaid Shoreman Nicholos Pickett and I asked him whither he would goe to Salum; he told me he
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could not goe till next morning; whereupon I went along wth the master of the aforesaid ketch (Nehemiah Goodale) to help to get some ballast aboard the ketch; in doing of wch I was taken with an Extraordinary payne in my side insomuch as I could not worke any longer but about noone was forced to come home and desired Master knott to lett me blood he told me he was in ex- ceeding great payne wth ye Goute; and likewise that it was too late of ye day to be lett blood in; but the next morning I being in so much payne was forced to lye downe two or 3 houres upon the bedd; for weh Master knott was pleased to report that I was A Lazy fellow and went to bed att noons but the Lord knows my payne continued so violentlye that I could take but little rest that night; nor was not well of it a fortnight after I came into prison.
"The next morning wch was the 24th of March last I gott up and made in a fire exspecting to goe to Salem along with the Shoreman to see for a fishing voyage according to promise but instead of going wth ye Shoreman (may it please your honours) the Constable came in with an Attachment and served it upon Master Knott poynting to me said to ye Constable (Ellis Henlye of Marblehead) Constable that is the man doe. your office. I seeing how Master Knott had serued me though undeserued. (may it please you) begged of him humbly not to send me to- prison for I told him I could not pay him his Engagements in prison and likewise told him I would willinglye serve him in his ketch to goe to the Southward for Corne; or else goe a fishing in. one of his Shallops; but the more I begged of him the more he Cursed and Swore att me Saying and swearing by his Soule and' his Maker that I should goe to Goale though I rotted there, like -. wise I begged of his wife to persuade him if it were possible not to send me to prison but poore Woman she durst not speake a word to him seeing in what A desperate rage he was in I seeing there was no hopes of perswading of him; I desired him to be as. good as his promise the day before woh was to lett me blood I being still in Exceeding great payne in my side but his ansur was he scorned to lett such a Dogge as I blood whereupon I obeyed the Constables order. The aforesaid Constable (Ellis: Henley & Jnº Bartlett brought me here to Salem Prison where I haue been close kept (may it please yo' honours) euer since hau -. ing neuer had A minutes tyme so much as to take the Air: about two or three houres after I had been in prison I had an Oppor- tunitye to send 2 or 3 lines to Master Knott by a boy Master. Knotts kinsman wch was as followeth
"Salem Prison March ye 24th 1681 "Master Knott
"S": I would beseech you for the Lords sake to remember your former Clemencye weh you haue said you haue used to,
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others that has been in my Condition: & be pleased to take me out of this sad place; where if I lye here I shall undoubtedlye be starued with the Cold; and shall willinglye serue you or yours either by night or by day as farr as I can possible;
"Your humble Seruant & poore Distres'd "Prisoner: Job Tookie .*
"The next Day (may it please your honours) which was the 25th of March M' John Higginson of this Towne came to me to whom I in part related my case and he bid me send to Doctor Knott and tell him he would speake with him weh Immediately I hired Goodman Feltons Son in law One Richard Clifford to goe to Marblehead but when he came to him he said he could gett nothing but curses & oathes & A slaunderous Peice of Paper agaat me weh almost frightened ye man that he said had he known so much as he did he would not haue gone for neuer so much. The Tuesday ensuing I had another Opportunity to send to him which was as followeth: by Tho. Vee" one of the fishermen:
"Salem Prison March ye 28th 1682 "Master Knott
"S" I beseech you to take some Pitty and Compassion of me and take me out of this dismall wretched place where I am almost starued wth ye Cold consider I beseech you; you haue children of your Own. I hope in the Lord there is none of them will Euer suffer what I now doe Consider I beseech you my Edu- cation and bringing up weh Neuer was in being used to A Goale where if you let me lye untill you come home I shall undoubt- edlye perish therefore pray s' take some speedye course that I may come out and I shall thinke myselfe happy to goe wth you to ye Southward or else a fishing in one of yo' shallops.
"Your humble Seruant & poore Afflicted Prisoner "Job Tookie .*
"The thursday following which was the 30th of March : 82 Doctor Knott came to Towne as I heard but would not come neare me but went to Goodman Felton the prison keeper as he told me himselfe & Scolded att him after a sad rate as if he had been distracted & told Goodman Felton that I should lye and rott in prison insomuch as Goodman Felton told me that he thought it was a great mercye of ye Lords that I did not goe to sea with him & that I had better suffer imprisonment than goe to sea wth such a man as he was, for he said he uerylye thought the blessing of ye Lord could neuer goe with him but that he would come to some bad end or other The next Day following May it please yo' honours I heard he sayled to ye Southward for a freight of Corne.
"May ye 19th 1682. I heard that Master Knott was come to Boston woh was ye wellcomest News (may it please yo' honours) * Autograph.
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that I had heard in a great while before hauing been all his absence confined to A Sad dolesome Stincking place and now being in great hopes he would take me out of that miserable place: but ye Lord knows contrary to my hopes & Exspectations the first News I heard after he came to Marblehead was related to me by Seuerall That he did Intend (as he said) to keepe me in Prison till the Court & then recouer on Execution upon me and so carry me to Virginia & Sell me which added affliction to affliction I beseech (yo' Honor") to take notice of this Doctor Knott's Actings; but (may it please yo" honours) as soone as I had Opportunitye I sent him These few lines following:
"Salem Prison June ye 1ª 1682 "Master Knott
"Good S' lett me beseech you to haue some Pitty on me for the Lord's sake and lett me speake wth you (if you please) as soon as you can for no one aliue knows or is able to Expresse what I haue suffered since I came into this place; and still dayly doe being almost poysoned wth ye stincke of my Owne Dunge and ye stincke of ye prison hauing neuer had so much as A minutes tyme to take the Air Since I came into this Dolesome place wch is now Tenn Weeks Therfore pray S' lett me speake wth you as soon as possible I can or your Leasure does permit hauing not been well this four dayes and shall doubtlesse be poysoned if I stay much longer here I rest Sr
"You" poore humble seruant & prisoner "Job Tookie .*
"June the 5th 1682. Master Knott was pleased to come to me about ye Euening Just to ye Prison window. I thinking to haue had some comfort from him in releasing me But instead thereof He reuiled and rayled att me and would not so much as stay to hear me speake One word to him but A Boy that was along wth him told me afterwards That Master Knott told him he did Intend to Sell ye Rogue weh was meaning me to Virginia; others he tells he will sell me to Barbados (I beseech yor hon- ours) to take notice & Consider of This Doctor Knotts In- ueterate spirit. June ye 9th I had an Oppertunitye to Send to him (may it please yo' honours) againe which was as followeth: By Richard Lee one of his fishermen:
"Salem Prison June yo 9th 1682: " Master Knott
"S" I was in hopes you would have taken me out of This Miserable wretched & Dolesome place but I understand there is no hopes of it till ye Court; I beseech The Lord to forgive you your hard headednesse & crueltye unto me in making of me suffer that woh I thought when I came here I should neuer haue beene able to haue suffered nor could neuer haue been able to
* Autograph.
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haue suffered what I haue suffered had not ye Lord Supported me wth his almighty Power besides the losse of my most pretious tyme which can neuer be recalled agine hauing been here This Eleuen Weeks Pray S' Doe me the kindnesse as to send me my White Shirt my Searge Drawers my Blew Capp wth ye Thread halsing hands Mittons & Sayle Needles wth ye rest of my things in it My two kniues My Bible and ye rest of my Bookes weh were all in ye forecastle when you Sent me to Prison & likewise I would Intreat you to send me my Neckcloth wch Goodman Waldin brought from Piscataqua I suppose Wm German has it for I desired him to call for it A fortnight agoe & Send it to me by ye first Oppertunitye wch he promised me he would: but he neuer did I rest
"Your Poor Afflicted & Disconsolate prisoner "Job : Tookie .*
"June ye 16th 82
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