USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 39
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* Autograph.
25
386
IPSWICH QUARTERLY COURT
[Sept.
it at his own house. Should the widow Stickney not deliver the child to the place he provided, he was to be discharged of one- half of the former allowance and she was to maintain the child at her own cost .*
*Petition of John Atkinsont of Newberry: that according to testimony from widow Stickney's own mouth she charged the child to another before Atkinson's name was mentioned; that it is known that she had been in the same condition once before in her widowhood and endeavored to accuse an innocent person; that 8li. per year in money for maintenance and 2s. 6d. per week was too hard, "According to ye common valluation of prvission in this time of ye great scarsity of money, wee in ye Country account eight pounds in money, at sixteene in other pay, or at ye least twelue pounds. And ye 2s. 6d. at 5s. in common pay, I cannot thinke it is ye mind of ye Court yt ye whole maintenence of such a child should bee put uppon a reputed father, (it is euident it is hers, & therefore hath Just reason to bear halfe) whereby ye maintenance of such a child should arise to bee double wt others pay," that such allowance might be a precedent to induce such persons to commit lewdness when by their accusations they can force it on wealthy persons and get in- creased income, for such persons have little conscience; that he was innocent of the crime, and if he were obliged to pay the full amount he would have to go to prison, for he had a wife and nine children, and asked to be allowed to take the child away and not be kept a continual slave "to her who hath injured me, and Impudently and scoffingly insulteth ouer me," etc.
Robert Pike,t assistant, certified Oct. 9, 1682, that John Atkinson of Newbury presented to him this day John Mihele of Newbury as the man who was to care for the child of the widow Stickney and Atkinson gave security to Mihell for his pay. He agreed to bring up the child if he could have it. Said Pike de- clared that it was a meet place for the child and gave his appro- bation.
Mary Atkinson, daughter of John Atkinson and the widow Stickney, was born Jan. 10, 1680. Copy from the register book of Newbury by Anthony Somerby, t clerk for Newbury.
Anna Chany, aged about thirty-eight years, deposed that sometime last November the widow Stickney came to her house to visit her when deponent's child was born and she said that when she went before the Major he pitied her, smiled upon her and "tenders her as his owne Child." Sworn, 30 : 10 : 1681, before Nath. Saltonstall, t assistant.
Petition of John Atkinsont after new evidence was produced. t Autograph.
387
RECORDS AND FILES
1682]
The tenants, so called, by order of the General Court called together which occasioned necessary charge at their meeting and moving to the General Court for the payment of it which was refused, the court referring them to the county or satis- faction among themselves, court now ordered the Treasurer to defray the charge not exceeding 5li. 5s.
Ezekiell Woodward and Walter Fairefield of Wenham com- plaining against one another in open court for irregular selling
James Myrick, aged about thirty years, testified that he was in a neighbor's house next to Goody Stickney's when she invited him into her house. When he started to go away he said it was a dark lowry night and he asked if he might stay all night. She said he might and then went to bed. On account of some dis- course she had with him then, he left the house. She also told him that Samuel Lowle frequently stayed there and Lowle said that their improper relations were no more a sin than to smoke a pipe of tobacco in the street, for that was a breach of the law.
Jonathan Haynes, aged about thirty-six years, and Sarah, his wife, aged about twenty-six years, testified that the widow Stickney told them that she had made Jams Miricke believe that she would lay her child to him, but he asked to be cleared and that afterward at Frances Thurley's she talked with James and several men's names were mentioned. They agreed to draw lots and James was the first to name his brother Atkinson, whose name was drawn. Sworn, Sept. 25, 1682, before James Russell,* assistant.
John Webster, aged forty-nine years, and Ephram Wheeler, aged nineteen years, testified that in widow Stickney's house in her hearing, her son John being present, goods to the value of 2li. 5s. were tendered in behalf of Mr. John Atkinson and she was desired to choose an appraiser. She replied "Get you Gone about your business, for I will not Heare you." Moses Litle was also present. Sworn by Webster Sept. 25, 1682, and by Wheeler Sept. 26, 1682, before James Russell,* assistant.
John March, aged about twenty-three years, testified that Samuell Lowle and John Atkinson, jr., were going along with him by the widow Stickney's house when deponent called to her and said "hear is Sam Lowle what have you to say to him?" She replied, "o you Roge, looke yonder Is your Child under yonder tree, goe you Roge and see her and take it with you." Lowle denied it. Sworn 30 : 10 : 1681, before N. Saltonstall,* assistant.
John Atkinson, jr., deposed the same. Sworn 30 : 10 : 1681, before N. Saltonstall,* assistant.
* Autograph.
388
IPSWICH QUARTERLY COURT
[Sept.
of drink and it being withdrawn before the court's consideration of their offences, court ordered them to appear at the next Salem court.
In addition to the former order about the widow Whitridge last March, court being informed of her utter inability to take care of herself or her estate because of her age and other in- capacity ordered that her three sons, Samuell, Isaac and Thomas Colby provide for her. They were authorized to confirm such sales of land as were necessary and to make return of their doings to court from time to time.
Administration upon the estate of Thomas Clark was granted to Abigaill, the relict, the estate to be settled at the next county court.
*Petition of Will Barnest and Richard Currier,t selectmen of Amsbury: "Being acquainted wth ye state and condition off Susanna Whithredge: An antient & helpless widow belonging to ye towne off Amsbury: Doe acct itt noe less then a duty unto which we are in conscience bound to present ye same unto this hon'd Courtt: which is such, yt notwithstanding A comfortable & competent mayntenance being Allowed unto her, out off ye estate off her form" deceased husband Anthony Coleby (as may more pticully appeare by an ord' off ye County Courtt held att Salisbury: bearing date ye 9th off Aprill 1661:) yett shee being a woman attended wth many Infirmities both of body & minde: is utt'ly uncapable off doing any thing yt may contribute to her livelyhood or comfortable subsistence or off disposing off any off her estate unto ye supply off her wants & necessities which are many & great & very Contrary to what her age & condition doth require: she living alone: wanting such helpe & attendance as may be convenient: Continually labouring und" such In- firmities off body as usually attend old age oftentimes sick: and many times destitute off divers necessaries & always off ye Con- veniences off life: any otherwise y" shee is supplied by one or twoe off her children: whose families in ye meane time want ye same att home; & very much defective & decayed in her und"- standing: whereupon wee are bold wth ye fav' of ye honrd Courtt to present thiss her condition to ye serious Consideracon re- questing yt they would be pleased to Impower some one or twoe persons off Approved Creditt & fidelity: whome y" selves shall judge most meet to sell or oth wise dispose off soe much off her estate as may fro time to time be requisite for her comfortable supply & maintenance: whoe may be att ye pleasure off ye Courtt accontable to y" or whome they shall appoynt for ye same," etc. t Autograph.
-
389
1682]
RECORDS AND FILES
John Allen and Phillip Greely of Salsbury having formerly complained of the selectmen of Salsbury for 1681, Henry Browne, Henry True, Robert Ring and Nath. Browne, for il- legally collecting rates and upon their appearance at court March last pleaded that they were not obliged to answer because the matter of complaint was not in the summons particularly specified, whereupon it was deferred to this court, they were ordered to appear. The selectmen were called and Robert Ring refused to answer, saying he did not come upon any such busi- ness, and withdrew. The other three made default and were ordered to appear at the next Salem court to answer to contempt of authority .*
*Plaintiff's bill of cost.
Copy of the record of Ipswich court, May 9, 1682, in this matter made by Robert Lord, t cleric.
Copy of rates made by the selectmen of Salisbury Apr. 25, 1682, and sworn before Nath. Saltonstall,t assistant. Copy made by Tho. Bradbury:t
List of presentents, signed by Daniel Hovey,t for the rest of the grand jury:
William Worms of Newbury, and his wife, for fornication before marriage. Wit: Samuell Poe and Mr. Noise.
John Burnum's bill of cost against Goodwife Penny, Goodman Benit and Mr. Cromwell mentioned.
Franceis Young's bill of cost against William Smith, for going to Marblehead, etc., 18s.
Writ: John Perle v. Samuell Morgain; for withholding 8li. in money due for four months' service according to agreement; dated 21 : 7 : 1682; signed by Hilliard Veren,t for the court; and served by Jonathan Giles, t constable of Beverly.
Writ: John Harris v. Roger Marks; debt; dated Sept. 14, 1682; signed by Robert Lord,t for the court and town of Ip- swich; and served by Joseph Willson,t deputy marshal and brother of Robert Lord, t marshal of Ipswich, by attachment of money in the hands of Andrew Petter and a hat, bridle and four loads of hay of defendant.
t Autograph.
3 year
old
old
yerlins horses year old
swine
sheep
meadow
up land pasture howses
1
1
4
58-03-00
Torn off.
1
1
0
1
2
0
0
0
0
1
0
0
2
2
4
77-06-00 10-15-04
7
2
1
4
2
1
0
12
15
10
50
2
3
12
07-10-00
Hen: Ambres
0
0
0
0
1
0
1
0
3
0
12
3
6
2
1
2
4
60-03-04
Henry True
4
3
5
2
2
1
0
0
0
0
0
Jno. Eaton j.
1
1
0
3
0
0
0
1
2
1
0
1
0
12
2
3
1
6
29-18-08
Mr Stockman
0
4
0
2
0
2
1
2
0
Jno. Eaton, S.
0
2
0
0
1
0
0
0
Jnº Ilsley
6
0
3
1
2
5
2
0
1
14
4
0
1
1
6
31-03-04
Ephrim Winsly
0
3
5
0
0
0
2
01
1
0
0
12
5
3 12
4
2
6 87-16-00
Willi. Buswell
4
8
5
3
4
2
3
3
0
6
1
Tho. Bradbury
0
3
0
0
0
0
0
1
3
28 12
1
16
2
1
6
17-08-06
Jnº Severans
0
2
0
0
0
0
0
5
0
0
Mr Hewes
0
5
1
3
3
4
0
0
0
14
2
-
4
5
Mª Carr
5
2
3
3
0
0
2
14
6 6
4
2
6 70-15-04
6
3
4
2
1
1
1
16
8
4
2
3
3
5 0
0
4 0
0
0
2
0
2
3 4
38-19-00
Jno. Allin
6
2
3
0
0
1
2
8
9 0
-
-
1
1
4
23-00-00
Robert Downer
3
3
1
0
-
5
5
5
1
2
2
-
-
3
2
2
6 28-15-00
Isaac Buswell j
14
18
4
20
2
1
6
86-03-04
2
5
2
0
1
2
6-00-00
.
1
2 0
14-05-00 03-00-00
0
0
0
Jos. Eaton
0
0
2
10
09-00-00
10
3 30
-
Isac Buswell s
2
2
-
broke
2 & 3
2 year
heads Commonages
Estates
Oxen Cowes
2
22-15-04
4
10
33
20
-
-
2
3 year
2 year old
yerlins
0
0
0
0
9
2
0
1
1
4
13-00-00
Jnº Mack
0
2
0
1
0
0
2
0
6
0
19
12
3
0
0
0
0
1
2
09-00-00
Sam: Felloes J.
0
2
0
5
-
4
1
0
1
8
9
3
0
1
2
6
68-00-00
Rodger Easman
1
3
1
1
2
1
0
2
10
14
2
6
2
12
35 --- 04
Ben Stevens
4
2
5
1
3
2
0
3
10
6
Wm Allin S.
4
4
1
2
4
2
0
6
12
12
8
2
2
2
2
6
48-00-08
Henry Brown
2
3
3
3
0
2
1
1
0
1
-
-
6
6
2
1
6
58-
Sam. French
2
4
5
3
2
1
0
2
0
1
0
0
8
11
6
3 2
2
1
57-04-04
Jos. Fletcher
4
5
3
3
0
0
0
0
1
0
0
0
6
2
1
2 09-03-00
Henry Wheeler
0
2
0
0
0
2
3
1
0
1
10
8
2
6
2
2
4
19-19-08
Jnº Dickison
0
3
0
0
2
1
0
0
5
7
3
6
1
1
6
41-16-03
Phillip Brown
2
5
0
4
1
1
0
1
0
5
3
16
1
1
2
10-08-00
Tho. Rolenson
0
2
1
0
1
0
0
1
0
3
0
6
0
1
2
4 42-15-00
Wm Allin, jr.
2
5
0
2
6
1
0
6
-
12
4
1
2
1
2
06-00-00
Wm Carr
0
1
0 0
0
1
0
0
0
0
0
0
0
1
1
30-00-00
Ephraim Severans
Tho. Eaton
0
2
-
-
-
1
-
swine
sheep
meadow
up land
pasture
howses heads Commonages
Estates
Ozen
Cowes old
Sam: Felloes S.
4
4
0
0
1
0
0
0
1
3
8
3
4
3
1
1
4
21-18-02
Nath. Winsly
0
Widow Goodale
0
2
0
2
0
5
8 4
35-16-04
Richard Hubbard
0
5
2
1
1
2
09-10-00
2
0
1
2
6 48-13-00
4
6
-
1
0
60-00-00
Jnº Stevens S.
6 65-00-00
1
2
0
011 0
1
-
broke
2 & 3
horses year old
-
2
6
2
3
3 year 2 year
Oxen
Cowes old
2
4
2
3
5
1
0
1
0
1
12
3
6
8
1
1
2
36-14-0
Jnº Easman
2
3
0
2
3
0
4
1
1
1
6
6
3
0
1
1
1
2
48-00-0
Jnº Stevens j :
2
3
4
2
3
1
2
2
10
0
6
6
3
0
1
2
2
2
13-11-0
Easman
0
1
2
1
0 0
0
0
0
3
2
1
6
0
1
2
17- 6-4
Jnº Carter
2
2
0
0
1
1
1
1
0
0
3
0
1
0
0
1
2
2 22-05-0
Jo. Norton
2
2
0
1
3
2
0
2
0
1
4
3
4
6
1
2
4 50-13-0
Sam. Gatchell S
0
2 3
2
0
0
1
0
1
0
1
0
1
0
0
0
0
0
0
1
6
03-00-0
Philip Flanders
2
2
0
0
0
0
0
1
0
0
0
0
10
5
2
2
0
1
4
08-04-4
Ben. Allin
0
1
0
3
2
2
0
0
1
0
0
0
2
1
0
0
2
0
3
0
1
1
2
0
1
3
0
2
0
0
2
4
30-05-0
Sam Fowler
2
4
3
0
1
1
2
0
0
8
8
6
2
0
0
0
1
2
09-00-0
Robert Ring S Nath. Griffyn
0
2
0
0
0
1
0
0
0
2
6
14
1
2
3 47-10-4
old
yerlins
horses year old
swine
sheep
meadow up land
pasture
howses
-
2
29-11-0
Steven Flanders S
2
0
1
0
1
2
19-00-0
Steven Flanders J
0
3
2
3
0 0
1
0
0
0
1
1
1
0
1
10
8
1
3
1 0
1
2
25-16-0
Wm Brown Ephraim Brown J- ---- field
0
1
4
09-18-4
Sam: Carter
0
0
4
3
0
0
0
1
0
1
0
2
6
0
Wm Hackett
2
2 0
-
1
4 2 21-10-0
2
0
0
2
2
0
Ben. Collins
0
2
0
0
0
1
0
0
-
1
0
0
0
0
0
1
0
0
1
1
0
0
0
36-15-0
Nath. Brown
2
1
4
1
09-06-6
0
1
broke
2 & 3
heads Commonages Estates
1 12
Nath. Eastman
5 46-04-4
0
4
·
0
.
-
2 09-10-0
0
0
3 year
Oxen
Cowes old
3
1
1
2
0
0
3
3 10
0 10
5
10
0
1
8
W. Osgood Sen.
4
4
0
2
1
1
0
5
0
2
3
1
0
0
1
2
10-15-0
Wm Osgood j
0
4
0
0
1
1
0
0
4
20
20
6
10
2
5
6
100- 8-4
Tho. Mudget
8
6
2
2
2
8 2
0
0
0
0 1
2
2
1
1
4
29-17-8 14-11-6
Jacob Morrill
2
4
0
1
2
1
0
0 1
5
0
3
3
0
1
2
22-05-0
Morris Tucker
0
2
1
0
4
1
2
1
0
1
2 8
0
3
0
Corne Connor
0
3
2
1
4
1
2
1
0 1
2 4
0
6 7
6
0
1
2
2
1 1
2 2
36-01-6 4-05-0
Jno. Clough: J
2
4
0
2
2
1
0
3
3
Clough
0
1
0
0
0
0
0
1
0 0
0
0
Tho. Clough
0
6
0
0
3
3
1
1
0
2
5 10
0
0
0
0
1
26-10-0
Moses Gill
2
2
0
2
1
1
0
0
1
0
0
2
0
0
1
1
4
36-18-4
And Grele
2
2
1
0
5
2
3
1
1
1
0
1
0
0
3
0
0
1
2
16-05-0
Richd Smith
0
J
-
4
0
0
2
0
0
0
0
4
3
0
1
1
2 0
26- 1-0
Torn off
2
5
1
1
0
0
0
0
0
0
0
0
0
1
2
L
3
0
0
0
0
1
1
0
1
0
0
3
0
0
-
2
15-15-0
2 year old
yerlins
horses year old
swine
sheep
meadow
up land
pasture
1
1
2
Estates 39-10-0
Jnº Osgood
Isaac Morril
2
4
0
2
4
5
2
2
1
10
10
Jno. Clough S
2
5
3 6
2
4
2
6
81-09-8
Jno. Gill
3
1
0
1
1 1
2
40-10-0
Sam" Gill
2
3
2 23-00-0
Jo. True
0
1
1
0
0
0
1
0
0
2
0
0
0
0
1
06 .
13-01-0
0
0
0
1
0
1
2
0
0
0
1
0
2
5
0
0
-
2 8
48-03-4
Oness. Page
4
-
-
-
-
0
1
0
0
0
3
0
1
2
4
40- 6-4
2
5
2
0
0
0
4
6 71-17-2
2 21-00-0
0
0
1
0
1
0
2 & 3
broke
howses heads Commonages
1
0
4
1
394
SALEM QUARTERLY COURT
[Nov.
COURT HELD AT SALEM, 28 : 9 : 1682.
Judges: Major Nathl. Saltonstall, Esq., William Browne, Esq., Major Samll. Appleton, Esq., and Major Robert Pike, Esq.
Jury of trials: Lcift. John Putnam, Mr. John Norman, Mr. Deliverance Parkman, Mr. Philip English, Mr. Joseph Grafton, John Waldren, William Bassett, Samuell Johnson, Thomas Ivery, John Richards, William Steevens and Joseph Phippen.
Grand jury: Mr. Joseph Hardy, sr., Mr. Robert Fuller, Sergt. Thomas Fuller, Joseph Phippen, sr., Frances Scerry, Wm. Dounton, John Fisk, Nathaniell Stone, William Wood, Samuell Leach, John Edmonds, John Pearson and William Hascell.
Mannaseth Marston, juryman, was taken sick after the first two actions and Joseph Phippen was chosen in his place.
Mr. William Hirst, Frances Nurse, John Putnam, jr., and Tho. Putnam, jr., were chosen instead of Linn men in the action of Andrew Mansfield v. Tho. Browne.
Mr. Edmond Batter v. Wm. Nick and Mary his wife, admin- istratrix of the estate of Robert Starr, deceased. Debt. Non- suited .*
Steephen Fish v. Samuell Very, sr., and Isaack Very, his son. Verdict for plaintiff.t
*Writ, dated Oct. 31, 1682, signed by Hilliard Veren,t for the court and town of Salem, and served by Henery Skerry,# marshal of Salem, by attachment of land and orchard by the house of William Nicke of Marblehead.
tWrit: Steephen Fish v. Samuell Very, sr., and his son Isaac Very; for taking up a horse without his knowledge or consent, which horse was later found dead; dated 17 : 9 : 1682; signed by Hilliard Veren,{ for the court and town of Salem; and served by Jeremiah Rogers,į constable of Salem, by attachment of land near the house of Samuell Very, sr.
Samuell Friyll, aged about thirty-three years, testified that he would have given 50s. for this horse. Sworn in court. Benjamin Fuler testified. Sworn in court.
Nathaniel Felton, aged sixty-seven years, and Uzal Wardall, aged forty-two years, deposed that they were desired by Steven Fish to go to Samll Very's house and Fish demanded satisfac- tion for the horse which was found dead in Very's possession. He agreed to stand for half the loss if Very would pay for the # Autograph.
395
1682]
RECORDS AND FILES
John Putnam, sr. v. Nathaniell Putnam. Trespass. With- drawn .*
Joseph Mansfield, sr. v. Corporall Jon. Newall and Jno. Newall, son of Anthony Newell, deceased. Nonsuited, no proof legally appearing of the attorneyship of plaintiff.t
Mr. Timothy Lindall v. Nicholas Chatwell. Debt. Non- suited. Withdrawn.
other half of what the horse was worth. Very said he had nothing to do with it for it was his son Isacke who took up the horse. The son was under age and Fish asked why he took up the horse without order. He replied that Samll. Carril told him that Fish had agreed with Carril and was to have 2s. 6d. for taking him up. Fish said that that was two months ago and by that agreement he was to have taken him up in a week's time. Very owned that they fastened the horse to a tree. Sworn in court. Steven Fish's bill of cost, 1li. 10s. 9d.
*Writ: John Putnam, sr. v. Nathaniell Putnam; trespass, for felling his timber and claiming his land; dated Nov. 18, 1682; signed by Hilliard Veren, § for the court and town of Salem; and served by Henry Skerry, jr.,§ deputy for Henry Skerry,§ marshal of Salem, by attachment of the house and land of defendant, leaving the summons with his wife.
tWrit: Joseph Mansfeeld, sr., of Lyne v. Corporall John Newhall and John Newhall, son of Anthony Newhall, deceased; for cutting off wood and carrying it away from his land in Lyne, which was formerly Goodman Manton's and lately Roberd Mansfeeld's, lying in the little plain northerly of the fresh marsh of Mr. Hollioak, bounded northerly by land that was Edward Burcham's, southerly by land of Joseph Mansfeeld, formerly Robert Mansfeeld's and easterly by a brook that runs into the fresh marsh; dated November 20, 1682; signed by John Fuller, § for the court and town of Lyne; and served by Samuell Tarbox, § constable of Lyn, by attachment of land of Corporal John New- hall adjoining his dwelling house, and land adjoining the house of the other John Newhall.
John Newhall's bill of cost, 17s. 6d.
Bill of cost of John, son of Thomas Newhall, deceased, 16s.
Letter of attorney, dated Nov. 22, 1682, from Joseph Mans- fild, sr., § of Lynn to his brother Andrew Mansfeild of Lynn. Wit: Joseph (his mark) Mansfeild, jr., and Elizabeth (her mark) Mansfeild.
įWrit, dated 26 : 7 : 1682, signed by Hilliard Veren, § for the court and town of Salem, and served by Henery Skerry,§ mar- shal of Salem.
§ Autograph.
396
SALEM QUARTERLY COURT
[Nov.
Benjamin Balch v. William Dodge, jr. Review of a case tried at the last Salem court. Verdict for defendant .*
*Writ, dated 20 : 9 : 1682, signed by Hilliard Veren, t for the court and town of Salem; and served by Joseph Dodge,t con- stable of Beverley, by attachment of the malt house of defendant.
Copy of agreement, May 16, 1682, made by Hilliard Veren, t clerk.
On the reverse of the foregoing paper: "We whose names are und written being doe award as a finall Isue, 1, as to the 2 pole & 1-2 of land pleaded for we doe ajudge yt Josh Neale is fully satisfied for what fell short of Darlands Sayle by yº 10" in money Recd of Tho. Maule & has his mesure of ye halfe acre yt was formerly Mary Darlings. 2, as to ye fence wch stands out of neales Ground & belongs to him to the North of his house Thomas Maule shall pay Josh Neale fiue shillings in money or remove the sd fence on to Josh Neales Ground: 3, as to the lader we Judge it to be no part of the house nor apurtenance belonging to it acording to ded of sayle & therfor doe not award Maule to pay anything as to yt pticular: 4, as to the damage done by Maule to Josh Neale by pulling downe the fence by selfe or order we award Tho Maule to pay Josh Neale fifteen shillings money ye payment to be made by the 20 : March."
Agreement by Walter Fayerfield,t Samuel Gardner, sr.,t William Raymentt and Benjamin Balcht to be satisfied with the determination of the bench at the next county court at Salem in relation to the charge of Mr. Samll. Gardner, attorney to Benja. Balch, sr., against Mr. William Raiment and Mr. Walter Fairfeild about a false oath. Wit: Benja. Brownet and Tho. Gardner.t
"for ye more Cleare prosecution of the Action of Review & for ye Remoueing that which lead ye Jurie in ye former tryall to finde for ye defendant I doe now before this Court Charge ye defendant with giueing to ye Court in ye former tryal a paper under his hand ye contents where of is false. I doe also Charge will Raiment & walter fairfield with sweareing falsely & decit- fully & knowingly so to ye same paper. I doe also Charge John Conant with swereing untrue in ye same paper all which Charges I do desire (with leaue of this Court) I may haue liberty to proue." .
John Putnam, sr., aged fifty-four years, testified that he heard Mr. Samuell Gardner, sr., say in open court that he would prove that they had taken a false oath, whereupon Major Sal- tonstall replied that that was not a part of this case. Gardner replied that to prove them foresworn was a part of his case and presented a paper to the court signed by Benjamin Balch which t Autograph.
397
RECORDS AND FILES
1682]
Sergt. Andrew Mansfeild, Mr. Thomas Laighton and Cor- porall John Burrell or any two of them for the town of Lynn v. Thomas Browne, sr. Verdict for defendant. Appealed to the next Court of Assistants. Plaintiffs bound, with Capt. Tho. Marshall and Mr. Ralph King as sureties .*
he asked to be read in open court which was done and Balch owned it to be his hand. It charged the two men with false swearing.
Robert Kitchent and Edward Flintt testified that as trial jurymen at the last Salem court the reason which lead them to find for defendant was the testimony of Fairfield and Rayment relating to a tender.
William Rament, aged about forty years, and John Conant, aged thirty years, deposed that being at William Dodge's house on Nov. 21, 1682, Benjamin Balch and Samuel Gardner being there, Balch demanded of Dodge 8 1-2 acres as a part of that 50 acres and 23li. Dodge said if Balch would accept the deter- mination of the five magistrates with one added he would agree, but Gardner in behalf of Balch refused saying that they would not leave it to those who had been prepossessed and preoccupied in the case. Sworn in court.
*Writ: Sergeant Andrew Mansfeeld, Mr. Thomas Laughton and Corporall John Burrill, attorneys for the town of Lynn v. Thomas Brown, sr .; for cutting and causing wood to be cut upon the town common and carrying it away to Capt. Marshall's landing place and selling part of it to a stranger who carried it out of the town contrary to the town's order, thereby claiming this land which lay in Lynn between the two hundred acres that the town gave Capt. Walker and Smith's farm which was formerly Mr. Howell's and Boston and Lynn line and the farm called Gifford's farm; dated Nov. 22, 1682; signed by John Fuller, t for the court and town of Lyn; and served by Mathue Farrington, jr.,t constable of Lyn, by attachment of the dwelling house and land of defendant.
Plaintiff's bill of cost, 5li. 4s.
Thomas Brown's bill of cost, 4li. 3s.
Capt. Walker, aged about sixty-nine years, testified that being appointed with Capt. How and Henry Collins, sr., by the town of Lynn in 1637 to lay out several farms, there was granted to him a farm of two hundred acres beyond the Iron works. All the land between this and Master Howell's now Lieut. Smith's, was left common. Henrye Collins, sr., testified to the same. Sworn in court.
Lieut. Ralph King, aged about forty-three years, and William t Autograph.
398
SALEM QUARTERLY COURT
[Nov.
Bassit, sr., aged about sixty-three years, testified that they heard Thomas Browne, sr., say that he had cut the wood and carried it away to the value of fifteen or sixteen loads, receiving pay for it from a stranger who was a boatman. Sworn in court.
Copy of deed, dated Sept. 24, 1679, from Jacob Greene of Charlestowne and wife Mary, for 220li., to Daniell Hitchens of Lynn, his farm with the farm house and other buildings now in occupation of said Hitchens, formerly in the tenure and occu- pation of Samuell Bennet of Rumney Marsh, bounded "on the west westerly by the lands of Capt Thomas Bratle, on the north with the hills bounding that part caled the plow plaine running up to a marked tree at the corner at the north & northeast side bounded by the high ledg of Rockes, whereon seuerall pitch pine trees now stand, & from them Running downe to the pond; on the easterly side or end bounded ptly by pond & ptly by brooke, running into the pond ouer against which sd runing brooke stands the before mentioned house & buildings, together alsoe with a pcell of upland, being six acres more or lesse lying on the easterly side of said brooke, alsoe a moyety or equall halfe part of a meddow, called or knowne by the name of Squires meddow lying & being within Maulden bounds & alsoe four- teene acres of salt marsh lying in Rumney marsh formerly pur- chased of Capt Robert Bridges formerly called the fourteene acre lott be itt more or lesse & is bounded on the easterly side of a salt creeke with the lands of Thomas Newell southeast, with the lands of Samuell Johnson north east & with the land of John Ballard southwest." Wit: Wm. Kilcup and George Briggs. William Bartholmew also released · his interest. Ac- knowledged in Boston Sept. 24, 1679, by William Bartholmew, Jacob Greene and Mary Greene, before Humphry Davy, assistant. Recorded in book 5, folio 49, 24 : 8 : 1679, by Hil- liard Veren,* recorder. Copy made by Hilliard Veren,* cleric.
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