USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 38
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375
RECORDS AND FILES
1682]
John Downeing v. John Burnam. For mowing and carrying away his grass. Verdict for plaintiff .*
John Lee v. Samuel Stocker. The attachment was read at the trial, but afterward the clerk lost or mislaid it so that the jury could not have it committed to them and the action did of necessity fall. In open court Lee agreed that if the clerk would pay him 10s. in money for the 10s. for the entry, he would be satisfied. Court ordered the clerk to pay it out of his own estate and not from the court dues.
William Hodgkins, sr., acknowledged judgment in fish to Samuell Bishop.
Joseph Giddings was fined for not appearing to serve on the jury of trials.
Samuell Lomas, presented for slanderous speeches against Deacon Goodhue, was admonished.t
Mr. Samuell Rogers, presented for excessive drinking, was fined.#
Elizabeth Smith, for fornication, was ordered to be whipped at the court in March unless she paid 40s.
together. The Solsbury mill is in no wise inferior to that at Amesbury and had been as much improved. The mills sawed about four months but had not a full head of water. Sworn, Sept. 25, 1682, before Robt. Pike,§ assistant.
Copy of papers in the action Winsley v. Osgood, at Ipswich court in March, 1682, made by Robert Lordg and Tho. Brad- bury.§
*Writ: John Downeing v. John Burnam; for mowing and carrying away his grass below the island called Brabrook's island and a hummock of rocks; dated Sept. 21, 1682; signed by Robert Lord, § for the court and town of Ipswich; and served by Robert Lord, jr., § deputy for Robert Lord,§ marshal of Ipswich.
Robert Lord, sr., and Thomas Lovell, sr., deposed that they helped run the line straight from a block stub over a hummock of rocks where there was a stake to a creek near Chabacko river between the land that was Braubrook's and broken marsh. Sworn in court.
tWit: Captain Fiske, widow White and Goodman Bridges. Samuell Lomas' bill of cost, Thomas Knowlton and Nath. Rust mentioned, 9s.
#Wit: Jacob Foster and Joseph Browne.
§ Autograph.
376
IPSWICH QUARTERLY COURT
[Sept.
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377
RECORDS AND FILES
1682]
Sarah Davis of Haverhill, presented for fornication, confessed and charged Nath. Ayers, jr., who was present, with being the father of the child. She was sentenced to be whipped or pay 50s.
John Appleton, Daniell Warner, jr., John Warner, John Dane, Thomas Borman, Joseph Fellows, Sam. Ingalls, Wm. Goodhue, jr., and Thomas Low took the freeman's oath.
Thomas Marshall, jr., dying intestate, court appointed Ann, the relict, administratrix of his estate, who was ordered to bring in an inventory to the next Ipswich court .*
John Safferns dying intestate, court appointed Henry Bennett administrator of the estate, and he presented an inventory amounting to 4li. 13s.
Joseph Gatchell and his sureties forfeited their bond for ap- pearance.t
*Deed, dated Nov. 27, 1673, from Richard Leeg of Ipswich, husbandman, and wife Sarah (her mark) Lee, to Edmond Marshall of Ipswich, ship carpenter, for 11li., 4 1-2 acres of up- land, it being part of his farm in Chebacco, beginning with a stump "standing upon a greate Rock about foure or five rodd to the North of a Saw pitt thence runninge fifty nine rodd to the South west in the bounds of Ipswich aforesaid;" if said Marshall sold it, the grantor or his heirs should have the first refusal of it. Wit: Joseph Leigh,t James Kingt and John Giddinge.# Acknowledged Dec. 13, 1676, before Samuel Symonds,# Dep. Gov. Edmond Marshallt appointed his brother Wells to act as his attorney in this matter. Wit: Richard Lee.t Edmond Marshalls and Martha (her mark) Marshall assigned this land, Dec. 13, 1676, to Thomas Marshall. Wit: Richard Leet and John (his mark) Wooden. Acknowl- edged Dec. 13, 1676, before Samuel Symonds,# Dep. Gov. Recorded May 3, 1680, among the records of lands for Essex, liber 4, page 328, by Robert Lord,# recorder.
Edmond Marshall, aged about thirty-four years, testified that he sold the land, etc. Sworn, Sept. 25, 1682, before Robt. Pike, assistant.
Richard Lee, aged about thirty-eight years, testified that Edmond Marshall assigned the deed to Thomas Marshall, jr. Sworn in court.
tJoseph Gatchell, complained of Aug. 20, 1682, for abusing the watch at Marblehead in striking, threatening and miscalling Robert Sweet and Thomas Weymouth, who were the watch, # Autograph. § Autograph and seal.
.
378
IPSWICH QUARTERLY COURT
[Sept.
John Allen explained why he did not prosecute his appeal at
was bound for his appearance at the next court, with Richard Knott and John Getchell as sureties. Copy made by B. Gedney.t
Samuell Gatshell,t aged forty years, testified Aug. 18, 1682, that "one Wednesday nighte Last my father my brother Joseph and my selfe were talkeing In our own house & wee allwayes spake Lowde because my father Is harde of heareing: and there Came Thomas waieman & Robert Sweete Into our yard and harkened a while and then the sayd Waieman being under our window saide what doe you keepe such a boleing for pout oute yo" Lightes: my brother Joseph went to ye doore and saide who are you: and they saide wee are the watch: & hee saide you may goe aboute yor busnes Into the Kings high way: & they saide they would not but yey would Cary hem wth them and hee saide they were Rogues and not ye watch: and hee tooke a Lighte and opend the geate and bid them begon: and when they Come to the geate the sd Thom: Waymon Laid holde of the sd Joseph and struck hem with Cut Lash." Sworn by Samuell Gatchell and John Gatchell, the father, before Moses Mavericke,t com- missioner.
Thomas Waymouth testified that he was on the watch one Wednesday night and heard a great noise at old John Gat- chell's house about one o'clock in the morning. When he de- manded that they put out the light, Joseph Gatchell said "You are Roags, you are Robbers, you are hiewaymen, guie mee a light, giue mee my Caane I will breake the heads off the Rogues, I will driue them out of the yarde." He pushed the watch seueral times until he was out at the gate and then said Gatchell called for his pistol, saying he would pistol the rogues. He struck deponent on the head and shoulders with his cane, making his head swell, it being with the great end of his cane which had an iron or steel head. About two hours before, they had found Samuell and Joseph Getchell with several others at William Neck's house and warned every man to his lodging. Sworn Aug. 20, 1682, before Bartho. Gedney, t assistant.
Robart Sweet testified to the same, he being one of the watch. Sworn Aug. 20, 1682, before Bartho. Gedney, t assistant.
Thomas Candish, constable of Marblehead, testified that Waymouth and Sweet were the watch for that night and after, the disturbance deponent went to old John Gatchell's house at the request of the watch. Joseph Gatchell struck several times at the constable's staff, and called him fool, with many other reproachful words. Sworn Aug. 20, 1682, before Bartho. Gedney,t assistant.
t Autograph.
379
RECORDS AND FILES
1682]
the last Court of Assistants against James Browne, and his fine was remitted .*
Upon approbation of the selectmen of Newbury, John March was licensed to keep an ordinary in Newbury and also to draw wine and liquors for a year.t
*Jno. Allin's petition: that he had an action against James Browne of Newbury at the last Salem court, when the verdict was against him. He appealed to the next Court of Assistants and "hauing occasion to goe to sea and hopeing to a ben att home to a answered ye sd action my selfe butt was hindred by ye pvidence of god by hard weather. I came home butt two dayes to late to answer ye sd action my selfe butt I did leaue an at- turney to act in my place and haueing liberty to make an attur- ney but my sd. atturney being hindred by ye pvidence of god to goe his selfe to answer ye action as I am informed did take out ye case and carried ye reasons of apeale according to law and made an atturney to psecute my action butt it so fell out yt my action was not entred wherby not onely ye loss of my action and bond to ye pty concerned butt the forty shillings to ye County I am liable to pay which I doe humbly craue this Hon'd Court to be pleased to remitt upon ye granting me leaue what I haue farther to declare in ye case to y' Worships."
Letter of attorney, dated July 24, 1682, given by John Alling of Salsbury, mariner, being bound upon a voyage to sea, to Ephraim Winsley, in his action against James Browne, also against Henry True, Henry Brown, Nathanell Brown and Mr. Ring of Salsbury, in which he and Philip Grely were to prose- cute, or any other suits which his wife or friends should order. Wit: Robert Piket and Sarah (her mark) Red. Acknowledged July 25, 1682, before Robt. Pike,# assistant.
Letter of attorney, dated Sept. 2, 1682, given by Ephraim Winsley,§ "by reson of a more then ordinary hand of pvidence disinabling me from going to boston that next week," to Hugh March, sr., of Newbury. Wit: William Carrt and Sarah (her mark) Reade. Acknowledged before Robt. Pike, assistant.
tApprobation of the selectmen of Newbury, Nathll. Clarke,t Francis Brown,t John Bartlet, sr., James Ordway, sr.,; and Joseph Bayley,# Mar. 18, 1682, for Jno. March to keep an ordinary in Newbury as formerly.
Petition to the court, Sept. 26, 1682, by Nathll. Clarke,; James Ordway, sr., ; and John Bartlet, # selectmen of Newbury, for a license for Jno. March to keep a house of entertainment as formerly.
Petition, dated Mar. 31, 1682, "whereas the Selectmen of y # Autograph. § Autograph and seal.
380
IPSWICH QUARTERLY COURT
[Sept.
towne of Newbury haue as wee understand upon serious Con- sideration of y Conuenecy of the place yt John March would sett upon keepinge of y ordinery and ye suttebines of ye person for yt end hath giuen under theyer hand theyer approbation of ye thinge acordinge to law, yett understandinge yt there is some obstruction ye thinge beinge not yett granted as wee understand, wee whose Names are underwrighten doe humbly request yt your honours would bee plesed to grant ye said John march a lisence for his keepinge of ye ordinery Consideringe not only the Conueiency but the nesesity of ye towne of Newbury and neighbouring townes hauinge an ordinery in ye place yt John March is now in, in regard of shiping & other ocashons of much busnis neare y place so shall wee bee obliged to pray for your prospirity & remaine youre humbell Sarvants," Anthony Som- erby,* Stephen Grenlefe, sr.,* Daniel Lunt,* Henry Lunt,* Willm. Noyes,* Joshua Moss,* Thomas Noyes,* James Smith,* Beniamin Rolfe,* John Badger,* John Kally,* Caleb Moody,* Jno. Dole,* Stephen Greenlef, jr.,* Joseph Mayo,* Jonathan Woodman,* Peter Godffree,* Edmond Marshall,* Benja. Lowle,* John Davice,* Edward Richison, sr.,* Joshua Richard- son,* Wm. Chandler," Aquila Chase,* Richard Dole,* Samuell Plumer,* Siluanus Plumer,* Ephraim Plumer,* Rich. Dole, jr.,* Joseph Plumer,* John Knight,* Thomas Hale,* Georg Little* and John Atkinson .*
Petition of Hugh March* of Newbury, Sept. 26, 1682: "whereas the Towne of Newbury being destitute of an ordenary for neere two years, being fined twise and likely to be fined the third time & could find no man that would undertake it, divers of the most considerable men of the towne applyed them selves to me to keep the ordenary, at wch time I had no need of it, or inclination to it, being well seted upon a farme of my owne, wch was suffitient to maintaine me, but by ye often perswations & solicitations of those men I was willing pvided I might haue the fre consent of the Towne & the apbation of the Court: which I had fully & frely in a publick towne meeting by way of voat, and by this court free acceptation; which moved me to purchase at a deere rate that place which was the antient place of an Ordenary, wch being out of repaire, caused me to disburse great sums of money in repairing the old & building new, to fitt it for the towne & Countrys benefit wch caused me to sell one good farme & wholy to leave my farme that I lived upon. The or- denary was by me kept about 12 y's & no man had just reason to complaine for want of any thing that was convenient nor did yt euer I heard. Besides the Law saith page -, that no man shall loose his licens befor he be convicted of som breach of law, which I never was. Altho I put the ordenary out of myn hands
* Autograph.
381
RECORDS AND FILES
1682]
License was granted to Ezekiell Woodman to keep ordinary at Wenham for a year.
Upon approbation of the selectmen of Ipswich, Mighill Farley was licensed as a retailer of wine and strong liquors for a year .*
Phillip Rowell was licensed to keep ordinary in Amsbury for a year.
Daniell Clark of Topsfield had his license renewed for a year.
Ralph Farnam, jr., charged with being the father of Elizabeth Gould's child, was discharged, there being no evidence that she charged him with it. Several testified that she denied it and said she did not know who the father was.t
for a time, yet it was for my livelyhood and that I might live by it as an ordenary.
"It hath bene the usuall Custom of Courts & Townes to put antient p'sons into such places & callings, to be a help to them, rather then to turne them out after all their cost to y" undooing & yt because the present selectmen do not give y" approbation under their hands, I had not only the aprobation of the select- men but of the Towne also, & of this Honoured Court for 12 y's together, & therfor hope yt this Honord Court will consider my case and not to suffer any man to bee undone by the by & self ends of any selectmen for if so the County will scarsly ever be well puided for with an ordenary to content wch will be a disgrace to the country in other places in the world, for who will lay out such an estate to keep an ordenary to be at ye mercy of the next new select men whether he shall hold it above one yeare or no. This honoured Court having in some measure under- stood how I comitted my estate to my sone & the way that he hath had to deprive me of my licens & like wise of my estate wch I am deeply sensible of my affliction being further aggra- vated by his execution granted from ye Honord Court of Assist- ants woh I presume your honours ar not unsensable of: he having little mercy on his father, I hope you the fathers of the land will have more mercy upon me in Granting ye poore petitioner his license for the ordenary as formerly, wrh (under Correction) I conceive is but a rationall request either to myself or som other person y may be put in so that I may have the benefit of that my estate in yt way as formerly."
*Approbation of Thomas Burnam, sr.,# Tho. Lovell, sr.,} John Dane, sr.,t and Simon Stace,t selectmen of Ipswich, Sept. 28, 1682, for Micaell Farloe, sr., of Ipswich to be the retailer of wine or strong liquor in the town.
tAndrew Allen, aged about sixty-six years, deposed that Autograph.
382
IPSWICH QUARTERLY COURT
[Sept.
having heard of Elizabeth Gold's condition and he being at work one day, Elizabeth's master Andrew Foster, sr., came to depon- ent's house and he told him he was sorry to hear of what had happened in his family. About three days after, the old man came again to his house and told him privately that Ralph Farnums was the father of the child, as she said. Foster's son Abraham desired him to go to Farnums and ask him if he would own it. Toward evening deponent went to Foster's to speak to the maid first and they called her into the room where "they kept" and she confessed. Deponent heard Hester, wife of Abraham Foster, say that her father-in-law detected the trouble before they sent said maid to Chelmsford. Sworn June 16, 1682, before Daniel Denison .*
Elizabeth Allen, aged about eighteen years, testified that Elizabeth Gold told her that Ralph Farnum was not the father and she did not know who was, but that Deacon Frie had spoken to him about it and Farnum did not deny it, and she would have him as sure as his name was Ralph. Deponent heard her say at her mother's house, etc. Sworn June 16, 1682, before Daniel Denison .*
Joseph Barrett, aged about thirty-two years, testified that sometime in November last, being at the house of Samuell Foster, sr., of Chelmsford, Abraham Foster, son-in-law of said Samuel, desired him to take Elizabeth Gold into his house and if she proved chargeable he would satisfy him for all expense. Deponent asked as to her condition and hesitated about taking her. Last spring deponent came with some others to Andover and going to Abraham Foster's house told him privately that Elizabeth charged him with being the father. He did not deny it, but stood pale and trembling for nearly a quarter of an hour and said he would not answer until he had spoken with Betty. Deponent told him he was going to the selectmen to have a place provided for her, her apprenticeship being out, and Foster said they would not do it, but he had provided a place at Hugh Stone's. They went there, but Stone refused to receive her. Sworn in court.
Bridgit Chandler, aged about forty years, testified she was asked to determine as to Elizabeth's condition, so she went to the house of Andrew Foster, sr., etc. Deponent's sister Allen desired to come into the room, but Elizabeth would not allow her, etc. Sworn June 16, 1682, before Daniel Denison .*
Susanna Ossgood, aged about thirty years, testified that she told Elizabeth that her sin was aggrevated by her not telling who was the father and asked her how she could clear John Allen, etc. Sworn June 16, 1682, before Daniel Denison .*
Dudley Bradstreet,* aged about thirty-three years, testified * Autograph.
383
RECORDS AND FILES
1682]
Nath. Ayer, jr., charged by Sarah Davis with being the father of her child, was ordered to pay in suitable provisions and cloth- ing 2s. 6d. per week to the mother toward the maintenance of said child. He was to be bound or committed to prison. He gave bonds, with Stephen Webster and John Hartshorn as sureties.
Walter Fairefild's license not being renewed, upon his petition that he be allowed to retail what he had already in his house for public use, court granted it, provided that it be drawn off before the next Ipswich court .*
that Ralph Farnum, sr., told him that his son Ralph had so solemnly denied it that he could not believe him guilty. Later he questioned Elizabeth and from what passed between them he was convinced that she lied notoriously.
Faith Allen, aged about sixty years, deposed that she chided Elizabeth for what she had done, etc. Deponent's sister Chand- ler, etc. Sworn June 16, 1682, before Daniel Denison.t
*Petition, dated Wenham, Mar. 22, 1682, of Ezekiell Wood- ward:t "I being at an uncertainty about my inioyment of my dwelling house: by reason of a controvercy betweene Isaac Hull and myselfe, and other disquietments: by reason where of: doubting of my capasity to doe ye country seruis in the place of an ordinary: I did not renew my Licence the last yeare: but since the Honoured Courts Committy hath settled ye matter betweene us, and that I doe inioy the house: my humble request to this Honnoured Court is: that I may keepe a house for pub- lique entertainment for the selling of beere, sider and prouition in as much as I am disinabled by my labour, by means of much harme I got at the fire last at Boston: so that I am attended with the goute and other pains; I hope this Honoured Court will be pleased to consider me that so I may haue an oppertunity to releiue my family and pay my debts."
"Walter Fairefield was chosen at a Generall towne meeting 3d of January 1680 to keep the ordinary or howse of public entertainment." Copy from the town book by Thos. Fiske, t recorder.
"At a meeting of the Select men of wenham 27th of 1 mo: 1682 Ezeckle Woodward Requesting our Approbation for his keeping a howse of publike entertainment to sell Beere sider & prouisions for horses & men & pleading of his inability of body (By Reason of Some Lameness) to follow his Caling For seuerall Reasons moueing us there unto we thinke it fitt to Grante his Request, the Honrd Court Consenting thereunto. Tho" Fiske, t By order of the Select men."
t Autograph.
384
IPSWICH QUARTERLY COURT
[Sept.
Petition of Walter Fayerfeld: that he had license the last March to keep the ordinary until now and his wine and liquor being all sold four or five months since, he was obliged to buy both wine and liquor which he requested license to sell until used up, etc.
Copy of the record of Ipswich court, Mar. 29, 1681, when Walter Fairefield was licensed.
Nicholas Meade's* receipt, dated May 5, 1682, to Mr. Walter Fairfeild for 2li.
Approbation, dated Sept. 26, 1682, of John Fiske,* Thomas Fiske,* Charles Gott,* John Batcheler* and Thomas Patch,* selectmen of Wenham, for Ezekiell Woodward to keep an ordinary.
Goodwife Woodward testified that Walter Fairefield per- suaded her husband to let him have the ordinary for one year and then if her husband wished to take it again, he would give his consent. Goodwife Fairefeld told her that they desired it only for one year until her house were finished, because they could not get it completed unless he could keep the ordinary. Sworn in court.
Samuell Abye, aged about thirty-four years, testified that being a tithingman the past year he had been at Fayerfeld's house several times, going to see what kind of order was kept there, and had found it orderly as far as he could see.
James Moulton, aged about forty-six years, testified that he was a tithingman, etc. Sworn in court.
Richard Hutten, aged about sixty years. testified that he was at the house of Ezeckle Woodward, etc. Sworn in court.
William Fiske, aged about forty years, testified that several months before Fayerfield was chosen Ezekiell Woodward de- clared to the selectmen at Wenham that he would not keep the ordinary any longer, for it would undo him. The first motion that Fayerfield made toward keeping ordinary that deponent heard about was on a training day at a public meeting when he openly declared to the town that Ezekell Woodward desired him to take his license and he refused, saying that he understood that it was the town's place to chose an ordinary keeper, but he would accept it if chosen or if they chose another he would be satisfied. It was deferred to the general town meeting when said Fayrefield was chosen. Richard Hutten testified to the same. Sworn in court.
Richard Hutten and James Friend, who were selectmen the past year in Wenham with William Fisk and Richard Dodg, testified that at the general town meeting held Jan. 3, 1680, Woodward declared that he would not keep the ordinary any longer and Fayerfield was chosen, etc. Sworn, 29 : 1 : 1682, before Nath. Saltonstall,* assistant.
* Autograph.
.
385
1682]
RECORDS AND FILES
Wm. Smith, with Simon Stace and Will. Smith as sureties, forfeited their bond for said Smith's appearance.
Court ordered the Treasurer of the county to issue warrants for a county rate, namely, half a single country rate, for the repair of bridges.
The account presented by the Treasurer of the debts and credits of the county being obscure and too much in gross sum, court ordered that a more detailed account be presented at the next Salem court.
Henry Kemball, administrator of the estate of Thomas Dow of Haverhill, produced an order of the General Court for the sale of part of Thomas Dowes estate to pay debts. Court ap- proved of the two deeds of sale to be made to Tho. Eaton and Tho. Kingsbury.
Complaint having been made of a defective bridge between Salem and Topsfield in the public road at the last Salem court and nothing having been done, these two towns refusing or neglecting to make the bridge, putting it off from one to another, the clerk of this court was ordered to serve warrants to the selectmen of both towns to appear at the next Salem court for their neglect.
John Atkinson of Newbury, who was charged by the widow Stickney of Newbury with being the father of her child and dealt with in court accordingly, presented his petition for relief, bringing new evidence. Court ordered that for the future he be freed from the weekly allowance provided he find some meet place for the child at his own cost, with the approbation of one or more of the magistrates of this court, and in no case to keep
Petition of Walter Fayerfield :* that he had disbursed more than 100li. and had 60li. worth of beer and cider in his house; that his estate and livelihood of himself and family might not be at the disposal of Ezekill Woodward, who at the last court declared that he would "hold up both his hands that nither he nor I might haue the ordenary but another man might and as to his pretenc that he is disabled by the fier at boston from his labor of body but it is most euident that it is the fier of enuie that moueth now for he did keep the ordinary sinc the fier at boston and soe he Rejicted the ordenary since he Receued the hurt that he pretendeth to."
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