USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 9
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John Granger and Danell Poore, both over twenty years of age, testified that the maple tree was fifteen or sixteen rods within Poor's land. Sworn in court.
"The Declaration and agreement of ye Inhabitants of Andover att a Generall Towne Meeting ye 18th of January 1663, Testifying and declaring that ye persons impowred by the Genll. Court wth such others as they associated to them- selues, did Covenant and agre at their first planting of this towne of Andover, to giue euery Inhabitant whome they received as a Townsman an house lott proportionable to his estate, or otherwise as he should reasonably desire, with suteable accomodations thereunto of meadow, and all other divisions of upland & plouging ground, that should afterwards be divided, & soe haue hetherto practised, upon Condition that they and their successors should bear & pay all rates & charges to Towne & Church according to their severall proportions of Land soe Granted them, which is hereby ratified & Confirmed untill by Genll. Consent this writing shall be altered or changed; Indeauoring and intending to make all mens accomodations as suteable and equall as they Can accord- ing to their seuerall proportions the pryority of choise reserued
* Autograph.
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[Mar.
according to psons Comming to ye Towne, or as att their first planting here, was agreed upon & practised. That agreement made of late wth seueral young men excepted, to whome only houselotts & their division of upland were graunted without meadow, for which they are to pay only two thirds of their rates proportionable to their house lotts, which is allsoe hereby Confirmed, Now whereas the sd Inhabitants, att their first settling here, & since, hath not been soe carefull and exact, as they might and should have been, for ye due & true recording of all such graunts, as haue been made to pticular psons, some being lost, some not entered, others imperfectly, which in time to come may prove troublesome and pjuditiall to ye owners thereof. Upon serious Consid- eration whereof, & that all mens proprieties & inheritances may be made clear and Certaine, whilst things are fresh in memory, & all disputes & questions about ye same may be preuented, and avoyded for time to Come, the sd Inhabitants did agree to nominate & chose seauen of ye Townsmen (viz:) Serjnt. John Osgood, John Frie, sen', Richard Barker, George Abbott, sen', Daniell Poor, Nathan Parker and John Lovejoy impowring them to view & examine all gifts and graunts made to pticular psons, from ye begining of this plantation, until this psent, with other claimes by purchase or otherwise, and such as they finde clear & certaine to allow and Confirme und" their hands, or ye hands of some fiue of them, which being done, are to be recorded in ye Towne booke, and to be esteemed & accounted as valid & authentick, as if they had been entered and recorded at ye time when they were graunted, though ye day & year of such graunts be not mentioned nor remembered. And for all other graunts or pretended graunts or claims of land, yt may be made by any pson or inhabitant, & cannot be cleared to ye satisfaction of ye seauen men or some fiue of them (as aforesd) the recording thereof is to be suspended. till their title be cleared, either to ye seauen men as aforesd or ye Towne in Gen11 leauing such claimes of pretended grantee to proue or make good his title or interest otherwise as he can. And this book to be accounted ye only Towne book of Andoer for ye recording of lands graunted by ye Towne to their in- habitants," etc. Signed by Symon Bradstreet, John Frie, John Osgood, Richard Barker and Nicholas (his mark) Holt. Copy made, Mar. 23, 1680-81, by Dudley Bradstreet,* re- corder.
William Chandler, aged about forty-five years, deposed that he was with the lot layers, Nathan Parker and John Lovejoy, when they laid out Poor's land, and having no ax with them they ordered said Poor to do the marking, which * Autograph.
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Mary Davis, administratrix of the estate of Ephraim Davis v. James Davis. Verdict for plaintiff, the land sued for. Appealed to the next Court of Assistants. James Davis bound, with Samuell Foote, as surety .*
he did later and took in more than they had allowed him. Deponent gave this evidence in to the Worshipful Mr. Brod- street and this act of Poor was the subject of much discussion at the town meeting. Poor's request that he might have up to Thomas Johnson's bounds was granted. Sworn in court.
John Lovejoy, aged about fifty-nine years, deposed that the Worshipful Mr. Bradstreet told Poor at town meeting that he should not have the land so wrongly taken, etc. Also that the grant to come up to Thomas Johnson's bounds was upon no other account than that Walter Right might enjoy the meadow laid out to said Johnson. Sworn in court.
Joseph Moreing, aged about twenty-four years, deposed. Sworn, 25 : 1 : 1681, before Nath. Saltonstall,t assistant.
George Abbott, aged about fifty years, deposed. Sworn Mar. 25, 1681, before Nath. Saltonstall, t assistant.
John Farnum, aged about forty years, deposed concerning mowing this land twenty years ago, etc. Sworn, Mar. 25, 1681, before N. Saltonstall, f assistant.
*Writ: Thomas Johnson and Mary Davis, administrator of the estate of Ephraim Davis, deceased v. James Davis, executor of the estate of James Davis, deceased; for planting and keeping possession of land of said Ephraim, given him by said James Davis by deed and also bequeathed by will to said Ephraim by James Davis, deceased, which will was allowed at Salisbury court; dated Mar. 12, 1680-81; signed by Dudley Bradstreet,t for the town of Andover; and served by Robert Emerson, t constable of Haverhill, by attachment of land in the plain gate, so called, of defendant.
Plaintiff's bill of cost, 3li. 9s. 6d.
Copy of record of Salisbury court, Apr. 8, 1679, in which James Davis, jr., was appointed administrator of the estate of James Davis, sr., he renouncing the executorship of the will. Copy made by Tho. Bradbury, t recorder.
James Davis' bill of cost, 1li. 13s. 6d.
Stephen Dow deposed that he hired a piece of land of James Davis, sr., on the east side of the Great plain creek in Haver- hill, bounded by the said creek, and on the south by Merri- mack river, on the east by John Page's land, and on the north by land possessed by Ephraim Davis, "which peece ye sd old man did lett to me for his owne he haueing reserved that peece
t Autograph.
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for himself distinct from what he had lett his son Ephraim have, where the said Ephraim had built & then lived as I always understood." Sworn, 24 : 1 : 1680-81, before N. Saltonstall,* assistant.
Jemes Sanders and Joseph Peasly, aged about thirty years, deposed that some time last summer James Davis, sr., ordered Sanders to mow the grass and cut the stalks of this meadow, saying that the widow Davis should have none of the fruits unless she could get it by law. Sworn in court.
Robert Clements and Robert Swan deposed that they were asked by James Davis, eldest son of James Davis, deceased, to appraise the estate, etc. Sworn, 28 : 1 : 1681, before N. Saltonstall,* assistant.
John Callam and his wife deposed that James Davis, sr., came to their house for said Callam to dig a grave for his father. Goody Callam asked him how long his father had been sick and he replied that he had not been troublesome above a month. Sworn, 25 : 1 : 1681, before N. Saltonstall,* assist- ant.
Estate that Ephraim Davis had from the will of his father: the plain, 100li. 2s .; Cow Comans, 20li .; to ox Comans, 10li .; to akers and half of medow, 12li. 10s .; 4 cowes, 18li .; 150 akers of land not in the inventory, 15li .; sixteen sheep which his father let out to him on halves nine years since, and his father never had sheep nor wool; and he had of Daniell Ela, 5s. 4d .; total, 175li. 14s.
James Sanders deposed that old James Davis hired him to work on the land to the eastward of that upon which Ephraim Davis had built, and it was several years afterward that Ephraim lived upon the land above it to the westward. The lots were divided by a fence, and last summer the post holes and lines of the old fence were there, showing the division between old James Davises land and Ephraim Davises. Sworn in court.
Deed, dated Feb. 16, 1672, given by James (his mark) Davis, sr.,* of Haverhill, "in acknowledgment of the obedience of my son Ephraim," to said Ephraim Davis, thirty-five acres of land of which said Ephraim was possessed already, in Haverhill, bounded on the south by six or seven acres of his own land, on the north by the common, on the west by land in possession of Joseph Peaseley and the Great plain creek, and on the east by the land of Jno. Page, sr. Wit: Nath. Saltonstall,* commissioner, and Daniell Ela .* Re- corded, Apr. 16, 1680, book 4, page 322, by Robert Lord,* recorder.
Nathaniel Saltonstall and Wm. White, appointed to adjust * Autograph.
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matters in connection with the will of James Davis, sr., of Haverell, reported that although James, the son, was not given a particular legacy, yet what he had had in his hands was sufficient to satisfy him for his portion; that meadow in Samuell Davis' hands and upland adjoining the thirty acres given Ephraim should be settled upon the administrator; James Davis, sr., having formerly as agent by letters from his son John Davis, made sale of his land which he left at Haverill upon his removal to Pascataqua about twenty years since, which John, since his father's death, denies because the order to his father in writing cannot be found, and threat- enings being made against the administrator, they order that James, the administrator, keep all that was given by will to John Davis and his children, unless John release to James all that was given by the beforementioned writing; whatever bills were brought in on account of work done for their father by any of the children, or for any personal service done which is due from a child to a parent in his old age, they should be ashamed to demand of their father though he were for some years in the daily expectation of death, for what was absolute duty for them to do, and such debts were ordered not re- coverable. Allowed by the court, unless objection were made at the next Ipswich court. Copy made by Robert Lord,* cleric.
Inventory of the estate of James Davis, given in to the appraisers, James Pecker, Robert Clement and Robert Swan, on Jan. 29, 1678, by James Davis, John Davis, Ephraim Davis and Samuell Davis: James Davis gave in four bills that Jno. Wells was debtor, 78li .; Ephraim gave in one cow, 4li. 10s., and ten sheep, 5li .; Samll. gave in 45 acres of upland, 78li. 15s .; 2 1-2 acres of east meadow, 12li. 10s .; James gave in 2 acres of east meadow, 10li., 5 acres of Pond meadow, 12li., 2 1-2 acres at the lower meadow, 4li., and 8 commonages, 30li., 220 acres of third division at Spickett falls, 45li., 5 acres of third division, some at Spickett falls and some at the meadow commonly called Pollecy meadow, 12li., 39 acres of upland, 136li. 10s .; 300 acres of fourth division land, 30li. His wear- ing clothes were appraised by James Pecker of Haverhill and William Sargent of Amsbery at 3li. Sworn at Salisbury court, Apr. 8, 1679, before Tho. Bradbury, recorder. Copy made by Tho. Bradbury,* recorder.
James Davis testified that the land he hired of his father the latter gave him by will. Sworn, Mar. 28, 1681, before Nath. Saltonstall,* assistant.
Joseph Peasle deposed that he helped to tend corn on this land, etc. Sworn in court.
* Autograph.
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John Denis and his wife v. Thomas Hobs and his wife. Slander. Verdict for plaintiff. The wife of Thomas Hobs
Copy of the will of James (his mark) Davis, sr., of Haverhill, dated Mar. 17, 1675-6, brought into Salisbury court, Oct. 14, 1679: "knowing assueredly yt all men are mortall, & yt young men may die suddenly & old men must die & how suddenly my owne time maybee in these desolating times wherein ye enemy seeks ye destruction of our New England Israell . . . I giue to my sone John Davis all my third division of land in Haverhill wth all ye additions belonging to it according to ye grant of ye towne of Haverhill together wth my third division of meadow in haverhill. I giue unto James Davis ye sone of my sone John Davis ye one halfe of my forth division, or yo full right to ye one halfe of my forth division of upland in Haverhill, it beeing not yet layd out I giue to my sone Ephraim Davis all yt land being thirty acres more or less we hee hath built upon joyning to ye great playne in Haverhill I giue him also yt halfe of my East meadow we I made use of for my selfe, I give him also all ye sheep and other cattle we hee hath of mine in his hands. I giue to Steven & Ephraim Davis ye sonns of my sone Ephraim Davis ye other half of my fourth division upland to bee equally divided between them when it is layd out my son John Davis his sone James or his Agent, being to haue his first choyce of his halfe I giue to my sone Ephraim Davis two oxe commons & also fiue cow commons. I giue to my sone Samll. Davis my second division of upland & one oxe common & also three cow common & all in Haver- hill. I giue to my daughter Sarah the wyfe of John Page Jun' ye one halfe of my pond meadow & also ye goods of mine wo her husband hath in his possession excepting only my warming pan. I giue to James Gild ye sone of Sam11 Gild ye one halfe of my pond meadow, my daughter Sarah or one in her behalfe being to haue the first choyce;" son James, executor, to whom he left all his other estate. Wit: Nath. Saltonstall, and James (his mark) Swaddocke. A codicil, dated July 22, 1678, revokes the words "to Jnº Page jun. three cow commons," and appoints William White and Nath. Saltonstall, both of Haverhill, overseers, to see that justice is done his eldest son James. Copy made by Tho. Brad- bury,* recorder. Recorded in Norfolk records, book 3, page, 29, on Nov. 5, 1680, by Tho. Bradbury,* recorder.
Letter of attorney, dated Mar. 28, 1681, given by James Davis, sr.,* of Haverhill, in case he should be away when the case came to trial, to Daniell Ela of Haverhill. Wit: Nath. Saltonstall,* assistant.
* Autograph.
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was ordered to make acknowledgment in the public assembly at Wenham within a month, it having been proved that she had slandered the wife of John Davis in calling her names and saying that her child was a bastard .*
John Hibbert, attorney to Nath. Walderne, executor of the estate of Edward Waldron, deceased v. Thomas Baker. Ver- dict for plaintiff.t
Wm. Armitage, bound over to the Worshipful Wm. Brown, Esq., and Bartholmew Gedny, Esq., for speaking against authority, defaulted, and his bond was declared forfeited.
Richard Long and Ann, his wife, confessed fornication, and were fined.t.
Anstis Maning and Margret Maning, now Polfery, for incest, their brother Nicolas Maning being implicated, were committed to prison until morning, and then at Ipswich to be whipped upon the naked body. At the next lecture day at Salem they were to stand or sit upon a high stool during
*Writ: John Denise and Ruth, his wife v. Thomas Hobbs and his wife; slander; dated 2 : 10 : 1680; signed by Thos. Fiske, § for the court and town of Wenham; and served by Samuell Moulton, § constable of Wenham, by attachment of the dwelling house of defendant.
William Knowlton, aged about thirty-six years, and John Knollton, aged about thirty-four years, deposed that they heard Mary, wife of Thomas Hobs, make these charges at John Abey's house, and she said she could prove them. Sworn in court.
tWrit, dated 23 : 1 : 1681, for not performing an obligation for land, dated Mar. 15, 1678, and going out of this jurisdiction without giving any security, he having secured a deed of said land, signed by Thos. Fiske, § for the court and town of Wen- ham, and served by Samll. Corning, § constable of Beverly.
John Hibbert's bill of cost, 1li. 17s.
Bond, dated Mar. 15, 1678, given by Thomas (his mark) Baker to Edward Waldern of Wenham, for the payment of 30li. in corn, English goods, cattle and money, for land, to be paid at the now dwelling house of said Waldern in Wenham. Wit: Tho. Fiskes and Robert (his mark) Hibbert.
Letter of attorney, dated Feb. 25, 1680, given by Nathaneel Waldren|| of Salem to his brother-in-law, John Hibbert, of Wenham. Wit: Nathaniel Feltong and Benjamen Fuller.§ #Salisbury presentment.
§ Autograph.
|| Autograph and seal.
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the whole time of the exercise in the open middle alley of the meeting house, with a paper upon each of their heads, with their crime written in capital letters, the constable of Salem to see it performed. By the payment of 5li., the whip- ping was respitted. Said Nicolas had fled .*
*Copy of records of the Salem court in this action, 30 : 9 : 1680, made by Hilliard Veren, t cleric.
Elizabeth Watters, upon examination on Dec. 3, 1680, testified that on a public meeting day last winter at night, there was quarrelling between her master, Nicholas Manning, and his wife, and the latter left the house and lodged in another place. She testified to the relation between said Manning and his sisters Anstice and Margaret, etc. Sworn, 3 : 10 : 1680, in Salem court.
Ann Kelegrew and Grace Tiver, aged about twenty-two years, deposed. Sworn, 3 : 10 : 1680, in Salem court.
Elizabeth Preist and Bethia Allen testified that while they lived in the house with their father-in-law, Nicholas Manning, he was uncivil to them, etc. Sworn, 3 : 10 : 1680, in Salem court.
Elinor Holingworth testified that Ann Kellegrew had lived with her about a quarter of a year, and she had not seen any evil carriage about her, either by cursing or lying. Sworn in court.
Elin Maskoll testified that Elizabeth, wife of Nicholas Manning, said that she had seen enough of his actions to clear her from him, but was afraid to speak about it. Sworn, Dec. 3, 1680, before Bartho. Gedney, f assistant.
Petition of Elizabeth, wife of Capt. Nicholas Manning: that for about half a year through terror of her husband and his sisters, being afraid of her life, she was obliged to go to live with one of her poor daughters, not having any means to maintain herself; that he never looked after her nor gave her any maintenance all this while, neither did he desire her return until the night before the accusation came against him, which she knowing nothing of, in her simplicity, was overcome by his fair speeches and went home with him that night; that "finding his intent was to make use of me butt as a cloake (alas I knew so much of him & his sisters yt hath been a terror to me) And wheras he is gone and Cannott be found, & I am forced to returne againe to my poore daughter;" that his estate, which also is hers, but which he may have made over to somebody else, be placed in the hands of the selectmen for her necessary maintenance, that she might not be a charge to the town.
t Autograph.
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Elizabeth, wife of Luke Perkins, presented for most oppro- brious and scandalous words of a high nature against Mr. Cobbit and her husband's natural parents and other relations of his, which was proved, court ordered that in order that due testimony might be borne against such a virulent, reproach- ful and wicked-tongued woman, she be severely whipped on the naked body, and to stand or sit the next lecture day in some open place in the public meeting house at Ipswich during the whole time of the exercise with a paper pinned on her head on which is written in capital letters, "FOR REPROACHING MINISTERS, PARENTS AND RELATIONS." By pay- ment of 3li. the corporal punishment was respitted .*
Petition of Walter Polfery, Margret Polfery, his wife, and Anstice Maning, Apr. 1, 1681, to the Ipswich court, that the money to be paid as a punishment be remitted, they being fatherless and strangers in a strange country, etc.
Petition of Anstice Manning: t that her daughter was innocent, she having been in her company constantly ever since coming to this country, and she hoped God would change the heart of her son Nicholas, etc.
*Petition of Elesibeth Pirkins:t "i confes that i haue sined in a ueary hy degree both aganst god and man and haue disonored my frends and Relacons and discrited and brought staine upon my silef and allso haue both foullishly and bouldly haue Reproachfuly spocken aganst thos that i ought to Rev- erans and oner and haue brought a scandall oupon Relidgon fore which i dou desier to humbell my self before god and this onerid corte and dou desier the prars of this onered cort the Lord would fore giue my notorus sins and i dou desiar that all that hear of this may tack warning by me and intreat youar oners to shew what fauer," etc.
Mary Spofford, aged about twenty years, testified that one day the past summer Isarel Woodcok happened to be in her company, which was the first time she had had any dis- course with him. What he said to her surpassed all bounds of civility or modesty concerning his relations with Luke Perkins' wife. Sworn in court.
Elizabeth Sandi, aged about nineteen years, deposed that Isaael Woodcock asked if he might gather some pears in her orchard, etc. Bonus Norton and Elizabeth Sandi deposed that Luke Perkins' wife said she loved Woodcocke above all men in the world. Sworn in court.
John Sady and Bonus Norton deposed that "it is a Com- t Autograph.
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Luke Perkins, for base words against the minister, was sentenced to be whipped .*
mon thing that what Luke's wife sayes he will say so." Sady asked him what suet was a pound and Luke said 5d. His Wife bade him say 3d. and then Luke said 3d. Sworn in court.
Bonus Nortont deposed that he heard Luke Perkins' wife say that Mr. Cobbet preached nothing but "a Little homine," and she cared nothing for baptizing; that Abram Perkins was a thief and stole the black horse which he sent in Mr. Wain- wright's ketch from her brother Emerson, and that he stole his black mare from Goodman Engals; that Nathaniell Per- kins was sent into the cellar to draw some beer and there assaulted Ruth Blake; that Mrs. Sarah Rogers came to meeting on the Lord's day with her face colored with berries, and Luke's wife said that she told her that the seeds of the berries stuck all about her cheeks; that Simon Wainwright assaulted a cordwinder's wife; that one time when she was at Woodcok's she was afraid they would kill Luke and so they made haste to go home, Woodcock going part way with them; he fell down dead and they took him up and away they went, she saying that she believed she cried for eighteen or twenty miles.
John Sady and his wife deposed that Luke's wife told them that Josiah Clark assaulted Mary Spaford and her husband was troubled and asked his father how he could put up with it, being a church member.
Francis Young testified that Luke's wife said, after she came from Woodcock's that she was at her father Perkines and carried the Major General a glass of brandy, who said, "O bety you are wellcome to towne." This discourse was at the Quartermaster's house. Sworn in court.
John Sady affirmed concerning what Israell Woodcock told him when they were at the marshes. Sworn in court.
John Gammig, aged thirty-seven years, deposed that he had heard Quartermaster Perkins call his son Luke a poor contented fellow and his wife vile names, and also heard Luke's wife call the Quartermaster old rogue, etc. Sworn, Mar. 18, 1680, before Daniel Denison.t
She was presented for saying that her father, mother and Abraham, Jacob and Sarah Perkins were of the company of Belial and she would be glad if they were all tied back to back that she might see them carried to the gallows to be hung; that her mother had one foot in hell already and the other would be there quickly. Wit: John Sady and Elizabeth Sady.
*Presented for saying that Mr. Cobit was more fit to be in t Autograph.
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In the case of John Simmons and his servant, Thomas Bettis, court ordered that the servant return home with his master and recompense him for the damage sustained by his running away. Bettis was to serve him six months more than his time, and Simmons was advised moderation in the usage of his servant, and if he could agree with some other suitable person, to dispose of said servant .*
a hogsty than in a pulpit, and that he had been a vile man in his former days. Wit: John Gamage's wife.
*Warrant, dated Mar. 17, 1680, from Nath. Saltonstall,t assistant, to the prison keeper at Ipswich to receive Thomas Bettys, and to the constable of Bradford to deliver him.
Benjamin Kemball, aged forty-five years, deposed that a year ago last winter Thomas Bettys came to his house in the evening and stood outside the door. It was raining very hard and deponent asked him his business, but he answered hardly at all, so he bade him go home with one of Goodman West's boys. The next morning deponent, finding him in his barn quaking with cold, in mercy to a rational creature asked him into the house to warm himself. He wore very thin clothes, not suitable for the season.
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