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Full text of "Records and files of the Quarterly Courts of Essex County, Massachusetts"

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] 



RECORDS AND FILES 



OF THE 



QUARTERLY COURTS 



OF 



ESSEX COUNTY 



MASSACHUSETTS 



• • • 
• I 



• a 

• « 

• • • 



' ^ ^ ^ 



• « •« 



* ^ 






^ ^ ^ ^ 



VOLUME VllI 
1680-168? 



SALEM, MASS. 

PUBLISHED BY THE ESSEX INSTITUTE 

1921 



L25489 



FEB 2 7 1945 






THOS. P. NICHOT.S & SON CO. 




Printera 




Lynn, Massachusetts 




^ • • • •.:/:•• ; r J . . 


1 • . • 

r • * 



I 



RECORDS AND FILES OF THE QUARTERLY COURTS 
OF ESSEX COUNTY, MASSACHUSETTS. 



Court held at Ipswich, Sept. 28, 1680. 

Judges: Major Genii. Denison, Capt. Nath. Saltonstall and 
Mr. William Browne. 

Grand jury: Tristram Coffin, Ens. Tho. Burnam, Daniell 
Warner, Sergt. Tho. Waite, William Sawyer, John Tod, 
Richard Holmes, Henry Browne, Andrew Greley, Wm. Barnes, 
Samuell Howlet and Ralph Farnam. 

Jury of trials: Capt. Jo. Whipple, Mr. Thomas Wade, Neh. 
Jewett, Thomas Low, Daniell Hovey, jr., Hugh March, Moses 
Gerrish, John Palmer, Samuell Platts, Jo. Haseltine, Daniell 
Poore and Cor. John Severns. 

Anthony Wood v. John Grover and Sarah, his wife. Bat- 
tery. Withdrawn. 

John How V. Mr. Rich. CoUicutt and Mr. Nathaniell Green- 
wood, executors and overseers of the will of Hester Seers^ 
For refusing to deliver a feather bed. ' Special verdict. If 
two single testimonies and the plaintiff's affirmation of the 
woman's promise were as valid as the will, they found for 
plaintiff, the best bed and bedding; if not, for defendant. 
Court found for plaintiff. Appealed to the next Court of 
Assistants. Mr. Richard Colicott, Mr. Nath. Greenwood 
and Wm. Tompson bound.* 

*Writ: John How v. Mr. Richard Colicut and Mr. Nath- 
aniell Greenwood, executors and overseers of the will of Hester 
Scares, deceased; for not delivering a feather bed and bed- 
ding belonging to it, which was given plaintiff by Henry 
Mason, formerly husband to Hester Scares, now deceased, 
who promised to deliver it; dated 18 : 7 : 1680; signed by 
John Redington,t for the court and town of Topsfield; and 
served by Joseph Webb,t marshal of Boston. Bond of Rich- 
ard Collecottt and Nathll. Greenwood.f 

John How's bill of cost, 21i. 12s. 

t Autograph. 

[1] 



2 IPSWICH QUARTEBLY COURT [Sept. 

* 

Sarah Gould, aged about thirty-nine years, deposed that, 
being at Boston with Goodman How about four years since, 
she lodged at his kinsman, Hanery Mason's. She slept with 
Mason's wife and Goodman How with Hanery Mason, and 
she heard How ask Mason to give him the feather bed he 
lay in that night. Mason spoke so low that she could not 
hear him plainly, but she understood that he consented. 
Three months after, they went to Boston again but Mason 
had been dead six weeks. The widow brought her husband's 
will to How to read and she said that her husband had told 
her to give him the feather bed although it was not in the 
will, which she promised to do. Mason's wife was John 
How's own cousin. Sworn in court. 

Thomas Touer, aged about fifty years, testified that he 
was asked by John How to go to Seers' wife to find out when 
he should send for the bed. Deponent brought her from 
Boston once and she voluntarily told him that How was to 
have the bed, etc. Sworn in court. 

John Gould and Thomas Touer deposed that the executors 
refused to deliver the bed. Sworn in court. 

Inventory of the estate of Henry Mason, taken by Richard 
CoUacot and Daniel Turell: Two suites and a cloake, 51i.; 
four shifts & 2 pr. of Stockins & a Silke Neckcloth, 18s. ; four 
paire of Sheets & a blanket. Hi. 15s.; Ten Napkins & four 
pillowbeers, 14s.; one Table & four Chests, lli. 14s.; Three 
Bedsteeds, lli. 5s.; one Bed with the Furniture, 81i.; one 
Trundle Bed, 10s.; one cupboard & a small table & Four 
chairs, lli. 2s.; parcel of pewter, 21i. 10s.; two kettles and 
two Skellets, 21i. 5s. ; for a pot & Iron ware, lli. 5s. ; warming 
pan & other necessaries, lli. 58.; one house & Land, 12011.; 
total, 14811. 3s. Sworn by Hester Mason, Nov. 17, 1676, 
before Jno. Leverett, Elsq., Gov., and Edw. Tyng, Esq., Assis't. 
Copy made by Isa. Addington,* cleric. 

Will of Henry (his mark) Mason of Boston, dated 6:8: 
1676, and proved, Nov. 17, 1676, before John Leverett, Esq., 
Gov., and Edward Tyng, Esq., Assistant: to his cousin Mercy 
Eliott, daughter of Joseph Eliott, lOli., to be paid for the 
benefit of the child within six months after his wife's decease; 
if his wife died before the child became of age to choose a 
guardian, the executors were to see it carried out; to his 
wife Hester Mason, his house, land and all moveable estate; 
his wife to be executrix and Daniell Turell, sr., and Thomas 
Bill, overseers. Wit: John Wiswall and Richard CoUacot. 
Copy made by Isa. Addington,* cleric. 

Will of Hester Sears of Wobourne, dated Mar. 2, 1679-80, 
and proved, Sept. 2, 1680, before Peter Bulkeley, Esq., and 
Tho. Savage, Esq., Assistants: The rent of her house and 

^ Autograph. 



1680] RECORDS AND FILES 3 

Robert Knight v. Samuell Leach and Onisiphorus Allen. 
Review of a case tried at the Salem court in November last. 
Verdict for defendant. Appealed to the next Court of Assist- 
ants. Robert Knight bound, with Edward Richards and 
Wm. Beale, as sureties.* 

land lying between James Englishes house and the widow 
Judkins' house, both in Boston, to be for the bringing up of 
Joseph EUit, son of Joseph and Mercy EUit, until he be four- 
teen years of age, he to have them at the age of twenty-one, 
paying 201i. as follows, 51i. to her sister Deborah Skelton's 
children, 51i. to her brother Isaac How's children, 50s. to her 
brother Abraham How's son Abraham's children, 51i. to her 
cousin Mary Grandee's children, 60s. to her brother Israel 
How's children, all in money within two years; should Joseph 
Ellitt, jr., die before he was twenty-one, the house and land 
was to be sold and the proceeds divided as follows, one-quarter 
equally to Sarah Parker and Hester Parker, sisters, and if 
they died to Mary Grandee and her children, and the three- 
quarters equally among the children of Deborah Skelton, 
.Isaac How, Mary Grandee, Israel How and Abraham How; 
to Sarah Parker and Hester and Mary Grandee and Deborah 
Skelton, her clothing; to her brother Isaac How, her second 
best bed, boulster and green rug; to her husband, her best 
bed and curtains for life, and after his decease to Joseph 
EUit, jr.; all her other household stuff to be divided among 
her sister Deborah Skelton, her brother Israel How, Mary 
Grandee, Elizabeth Parker and Abraham Parker; the rent 
of her meadow and upland at Dorchester, that her father 
How gave her, to her husband John Seirs for life, and upon 
his death, she gave the land outright equally to her brothers 
Isaac and Israel How, they to pay to Mr. Increase .Mather, 
teacher of the 2d church in Boston, 41i., to Deborah Skelton 
or her children if she deceased, 40s., to her sister Curtice's 
two children, 20s. each, to Joseph EUit, 40s., all to be paid 
within one year after her husband's decease; Mr. Richard 
CoUicot and Mr. Nathaniel Greenwood, executors and over- 
seers, also to care for the child, Joseph EUit, jr., until fourteen 
years of age, and to apprentice him to a trade; the overseers 
were to sell any of the estate if it became necessary for the 
support of the chUd. Wit: Abigail (her mark) Read and 
Mary Greenwood. Sworn, Sept. 2, 1680, before Peter Bulke- 
ley, Esq., and Tho. Savage, Esq., assistants. Copy made 
by Isa. Addington,t cleric. 

♦Writ, dated 23 : 7 : 1680, signed by Hilliard Veren,t for 
the court and town of Salem, and served by Henry Skerry, 

t Autograph. 



4 IPSWICH QUARTERLY COURT [Sept. 

jr.,* deputy for Henry Skerry,* marshal of Salem, by attach- 
ment of houses and lands of defendants. 

Summons, dated 23 : 7 : 1680, for the appearance of Samuell 
Leach, signed by Hilliard Veren,* for the court and town of 
Salem. 

Defendants' bill of cost, 21i. 19s. Id. 

Robert Knight's bill of cost, 41i. 5s. 4d. 

Copy of papers in similar actions brought in 1660 and 
1679. 

At a General Court, May 7, 1662, on motion of Mr. Richard 
Russell, referring to settling the bounds between Manchester 
and Glocester, it was ordered that in case the gentlemen 
nominated in the order of Court refuse or neglect to attend 
to it within two months, the towns concerned could take a 
surveyor to determine the bounds. Copy made by Edw. 
Rawson,* secretary. 

Letter addressed ''To my Loueinge friends John Bennett, 
Goodman Standidg wth y* Inhabitants of Manchester:" 

*' Friends: it is some Trowble to mee yt yow doe pseueare 
soe to Interupt my Just right had I not a Just and cleere title. 
I should haue bin farr enough of from makeing y« least clayme 
wth Tendencye to your rong whose welfare is more Joyous 
to mee then your Impouerishing. I am not in the least priuie 
to Insuringe yow yow know I haue byn silent expecting the 
Isue of those friends to whome It was Committed the pcuringe 
cawse being on your accompt. I could not haue thought would 
turne to soe barren an accompt. Robert Knight who acts 
therin bought it of mee when I neuer hard the least opposition 
as to M'Blinmans title Conuayed to mee whom I am Confident 
would not haue yow Ingage any farther expence. But seeke 
the favour of the Court to supply yow some other waye If 
your need require it: for suer I am what is not yours though 
it bee neuer soe comodious to yow will not turne to your 
advantage to desire or enjoy. Robt Knight assuringe mee 
yt If it exceed ye 4 mile bownds graunted to Gloster hee will 
resigne it upp : wch though out of my hands to doe yet renders 
his motions very Just as to my Conscyence. I am willing to 
cleare my selfe yt If yow bee put to charge as hee is resolued 
psecution In the Case: I may bee in your Conscyences Ino- 
cent And shall ad no more but yt I am Yours In loue 

''22 : 5 : 1661. Richard Russell.*" 

Samll. Gatshell* certified that about seven years ago he 
ran a right line from Gloster meeting house toward Man- 
chester and he found that Citle Cove farm was within four 
miles of Gloster meeting house. Also that the four-mile line 
that was run by Capt. Joseph Gardner lacked very nearly six 

* Autograph. 



1680] RECORDS AND FILES 5 

furlongs, as appears by his draft of the farm which he surveyed 
in 1680. Gardner was short of four miles as much as from 
the tree marked with G to the pond marked with A on his 
plan. Sworn, Sept. 13, 1680, before Moses Mavericke,* 
commissioner. 

Samuell Gatchell* testified that he talked with Capt. Joseph 
Gardner some years since when he was with him in Virginya. 
Gardner said he had run a four mile line from Gloster meeting 
house toward the Creeke for the people of the Creeke, but 
Robert Knight's farm was not in it. Deponent ran the line 
for Gloster men, who went with him, and later told Gardner 
that his line was wrong, and Gardner replied that if twenty 
men ran it, they would differ. 

William Sheldon and William Beale testified concerning 
the refusal of old Goodman Bennit and other selectmen of 
Manchester, to go with them to measure the bounds. Then 
they went to Gloster, where they stayed three or four days 
on account of bad weather, and Gloster men helped them. 
They found the line took in about two-thirds of the little 
pond and the western neck. Sworn, Sept. 27, 1680, before 
Moses Mavericke,* commissioner. 

William Beale, aged upward of fifty years, deposed that 
he heard Samuell Leach say in a bragging way that he would 
keep the title of Kittle Cove farm in litigation twenty or forty 
years and he thought he coud find as much money to spend 
as Mr. Russell, etc. 

Benjamin Parminter, aged upward of sixty years, deposed 
that, when Mr. Millet lived at Manchester, he was an in- 
habitant there and at a town meeting it was agreed that 
Mr. John Freinde, sr., now deceased, and William Bennit, 
then both inhabitants in Manchester, should meet with Mr. 
Bruin and Mr. Cockin of Gloster. They found the bounds 
at the little pond. Sworn, Sept. 13, 1680, before Moses 
Mavericke,* commissioner. 

Benjamin Parmeter, aged nearly seventy years, deposed 
that he heard Mr. Smith, minister at Manchester, say that 
Mr. Blindman, the minister at Gloster, had given him leave 
to cut hay on his farm at Kettle Cove. Sworn, Sept. 25, 
1680, before Moses Mavericke,* commissioner. 

Phillip Welch, aged about thirty-seven years, deposed 
that Corporal Whipple of Ipswich, Robert Knight, John 
Ellitrop, and himself were together when EUitrop said he 
knew Knight was wronged. Deponent asked him why he 
became attorney against Knight and Ellitrop answered that 
he was enticed to do so along with the rest. Sworn, Sept. 13, 
1680, before Moses Mavericke,* commissioner. 

Henry Stacy, aged upward of sixty years, deposed con- 

* Autograph. 



6 IPSWICH QUABTEBLT COUBT [Sept. 

Erasmus James v. John Hasskin. Debt. Verdict for 
plaintiff. 

Samuell Currier v. Joshua Boynton. Breach of covenant. 
Withdrawn. 

Thomas West, in behalf of his son, Samuell West v. An- 
thony Wood. For striking up the heels and violently striking 
said Samuel down. Verdict for plaintiff.* 

William Dodge and Mary, his wife, relict and administratrix 
of John Balch, deceased v. Benjamin Balch, sr. Review of 
a case ordered in a County court at Ipswich Mar. 31, 1663. 
Verdict for plaintiff, the settlement of the estate according 
to the Court's judgment at Salem, 27 : 4 : 1662. Benjamin 
Balch appealed to the next Court of Assistants at Boston. 
Benjamin Balch, Samuell Gardner and John Balch bound.f 

cerning mowing with Charles Knight, etc. Sworn, Sept. 24, 
1680, before Moses Mavericke,} commissioner. 

William Sheldon and William Beale, aged upward of fifty 
years, testified. Sworn, Sept. 26, 1680, before Moses Mav- 
ericke,t commissioner. 

John and Robert Knighte, both aged upward of eighteen 
years, deposed. Sworn, Sept. 25, 1680, before Moses Mav- 
ericke,t commissioner. 

*John Bennet, aged about thirty-five years, deposed that 
a little while after his apprentice, Samuell West, came to 
live with him he complained of a pain in his head and said 
it came from a blow he received about a year before. "In 
the time of the war Thomas West was at my house and de- 
sired me that I would let Samuell West his sonne to keep a 
little out of the way in the time of the press but said he if 
he should be prest I do not fear but that I shall get him freed 
because he had hurt himselfe by a fall." Sworn in court. 

tWrit, dated Sept. 9, 1680, signed by Andr. Eliott,t for 
the court and town of Beverley, and served by Henery Her- 
rick,t constable of Beverly, by attachment of house and land 
of defendant. 

William Dodge's bill of cost, 21i. ISs. 6d. 

Benjamin Balch's bill of cost, 8s. 

Mary Wood, aged about thirty-seven years, deposed that 
Mary Balch told her that her father Conant had gone to 
Ipswich court against her will, etc. Mary Dodg deposed 
that when her brother, Benjamin Balch, sued for her deceased 
child's portion, etc. Sworn before William Browne, t assist- 
ant. 

t Autograph. 



1680] RECORDS AND FILES 7 

Michael! Farley v. John Caldwell. Debt. Verdict for 
plaintiff, in money and corn.* 

John Tod v. Mr. Hudson Leveret. Nonsuited. 

Mr. John Keetch v. Henry Hutson. Nonsuited.f 

Samuell Stickney v. Henry Kimball, administrator of the 
estate of Tho. Dow of Haverill. Debt. Verdict for plaintiff. J 

William Dodg, sr., aged about seventy Hsix years, and John 
Rayment, sr., aged about sixty years, deposed that sixtv 
acres were given John Balch, deceased, by his father's will, 
which were worth 40s. per acre, and if they had been willing 
to sell their land they could have received more than 408. 
Sworn in court. 

William Rayment, aged about forty-two years, testified 
that he offered Benjamin Balch 31i. per acre in wheat and 
pork, but he refused it. Sworn in court. 

*Writ: Mr. Michaell Farley v. John Caldwell, sr.; debt; 
dated Sept. 17, 1680; signed by Robert Lord,§ for the court 
and town of Ipswich, and served by Josiah Clark,§ deputy for 
Robert Lord,§ marshal of Ipswich, by attachment of a bullock 
branded with I C upon the off horn, and a piece of pasture 
land of defendant. 

Phillip Fowler and Robert Lord, marshal, deposed that 
Caldwell owned the debt. Sworn in court. 

Goodman Caldwell, Dr., to Michaell Farley,§ for corn 
and fulling cloth: Apr. 2, 1677, for fulling 31 yards of cloth, 
5s. 2d.; Apr. 20, 1679, fulling 46 yards of cloth, 7s. 8d.; Sept. 
12, 1677, two bushels of corn lent to him, 6s.; total, 18s. lOd. 
Goodman Caldwell, Dr., in money, for corn sold to him: 
Apr. 20 to Sept. 6, 1679, for corn, rye, Indian and wheat, 
31i. 5s. 9d. Sworn in court. 

fJohn Hallam,§ aged about eighteen years, deposed that 
he saw the marshal's man, called Davie Gibbens, have a 
warrant from the Governor of St. Xtopher's to accept the 
sugar due to Mr. Keatch from Mr. Huttson, because Keatch 
owed the Governor some money. Johannis vangrijekoven,§ 
aged thirty-eight years, deposed that he was a witness to the 
foregoing statement. Sworn at Boston, 25 : 7 : 1680, before 
Tho. Brattle.! 

{Writ : Samuel Stickney of Bradford and Faith Gage, 
executor of the estate of Samuel Gage, deceased v. Henery 
Kimble of Haveril, administrator of the estate of Thomas 
Dow of Haveril, deceased; debt; dated Sept. 17, 1680; signed 
by Thomas Leaver,! clerk of the writs for the town of Row- 
ley; and served by Robert Emerson,! constable of Haverhill, 

S Autograph. 



8 IPSWICH QUARTERLY COURT [Sept. 

Walter Fairefield v. Tho. Knowlton. Appeal from a judg- 
ment of the Honerd. Major Genrll. on July 15, 1680. Verdict 
for defendant, the confirmation of the former judgment. 
Appealed to the next Court of Assistants. Walter Faire- 
field, William Dodg and Wm. Tompson bound.* 

by attachment of land of defendant lying between his house 
and land of Samuel Wat's. 

Copy of record of the Salisbury courts, Nov. 14, 1676, and 
Apr. 9, 1678, relating to the estate of Thomas Dow. Copy 
made by Tho. Bradbury,t recorder. 

Samuell Stickney's bill of cost, 21i. 6d. 

Letter of attorney, dated Sept. 24, 1680, given by Samuel 
StickneyJ of Bradford and Faith Gagef to Daniel Wycome 
of Rowley. Acknowledged, Sept. 27, 1680, before Nath. 
Saltonstall,t assistant. 

*Writ: Thomas Knolton v. Walter Fairefeild; for taking 
away a saddle of his out of the custody of Richard Hutton 
and not returning it; dated July 8, 1680; signed by Daniel 
Denison;t and served by Samll. Moulton, constable of Wen- 
ham, who returned that Fairefeild, who was constable when 
he impressed Thomas Knolton's saddle for the country's 
service, tendered him lis. 6d. in Indian corn for the use of 
Knolton, but he had no order to receive it. Copy made by 
Daniel Denison.f 

Thomas Knoulton's bill of cost, 12s. 9d. 

Walter Fayerfield's bill of cost, Hi. 6s. 6d. 

Copy of the record of the action, heard July 15, 1680, before 
Daniel Denison,t who gave judgment for plaintiff. Appealed 
to the next Court of Assistants. Walter Fairefeild bound, 
with Charles Gott and Samll. Fiske, as sureties. Copy made 
by Daniel Denison.f 

On Jan. 1, 1676, John Fiske was chosen constable for Wen- 
ham, and on 16 : 4 : 1676, delivered to Constable Fairefeild 
10 single rates for the war, the whole being 5 Hi. 10s. Copy 
from the town book by Thomas Fiske, recorder. Copy made 
by Daniel Denison.f 

Fairefeild's and Knolton's bills of cost before Daniel Deni- 
son.f 

Walter Fayerfield'sf reasons of appeal, received on Sept. 23, 
1680, by Daniel Denison.f 

Thomas Burnam, jr., aged about thirty-five years, deposed 
that he knew Knolton's saddle very well and it was a good 
strong saddle before it was carried to Wenham. It was worth 
208. and he would willingly give more than 12s. for such a 

f Autograph. t Autograph and seal. 



1680] RECORDS AND FILES 9 

one. Richard Hutton deposed. Sworn Sept. 15, 1680, before 
Daniel Denison.* 

Richard Hutton, jr., aged nineteen years, deposed that 
he saw Fairefeild go home from his father's house. Sworn, 
July 15, 1680, before Daniel Denison.* 

Thomas Knoulton's* answer, dated Sept. 28, 1680, to 
Wallter Fairf eld's reasons of appeal. 

Charles Gott, aged forty-one years, deposed that at Quarter- 
master Perkins', at the Ipswich court in March, 1679, there 
were Thomas Knolton, Walter Fairefeild, Richard Hutton 
and himself, and he heard Knolton demand of Fairefeild 12s. 
in silver for the saddle which he impressed, etc. The trouble 
arose not so much over the amount to be paid, as the pay, 
because Fairefeild refused to pay in money. Sworn, July 15, 
1680, before Daniel Denison.* 

Thomas Fiske, aged forty-nine years, deposed that, in the 
beginning of the summer of 1676, he received from the Major 
Generall an order for the impressment of one man with a 
horse and furnishings for the country service. The constable 
impressed a saddle at Richard Hutton's, said to be Thomas 
Knolton's, but, when the soldier came home, he gave 
an account that the horse and saddle were taken from him 
by his Captain, whereupon they made Knolton creditor 
upon their bill of disbursements of lis. 6d. They received 
no order from the treasurer to pay the disbursements until 
Nov., 1677, when there was not enough money left by 
about 61i., and it was left for the next constable to pay in 
rate pay and not money. Sworn, July 15, 1680, before 
Daniel Denison.* 

Edward Neland, aged thirty-five years, and Richard Hutton 
testified that he was at Quartermaster Perkins' house. Sworn, 
July 15, 1680, before Daniel Denison.* 

William Knolton, aged about thirty-five years, deposed 
that he went with his brother Thomas, etc. Sworn, July 15, 
1680, before Daniel Denison.* 

Robert Lord, marshal, aged about forty-eight years, and 
Willm. Bennet, aged about twenty-one years, deposed that 
he was occasionally in company with Walter Fairefeild, Thomas 
Knolton, Goodman Hutton and Willm. Bennet. Fairefeild 
said to Knolton, ''thou foole, the saddle was prized but at 
twelue shillings." etc. Sworn,- July 15, 1680, before Daniel 
Denison.* 

Charls Gott, aged forty-one years, and Samuel Fiske, aged 
about thirty-three years, deposed that ten days ago he was 
at Thomas Knolton's house, etc. Sworn, July 15, 1680, 
before Daniel Denison.* 

* Autograph. 



10 IPSWICH QUABTERLT COXTBT [Sept. 

Josiah Witter v. John Richards. Trespass. Verdict for 
plaintiff. Appealed to the next Court of Assistants. John 
Richards bound, with William Beale, Edward Richards and 
Robert Knight, as sureties*. 

Rebecka Howlett v. William Howlett. Verdict for de- 
fendant.! 

*John Richards'! reasons of appeal: that he had held the 
land for above forty years, as by evidence of Henry Collins, sr., 
and Henry Collins, jr., and had a legal title; that Witter, 
under pretence of a recorded grant by the town of twenty acres 
of land, dated Mar. 13, 1676, lays claim to this parcel which 
the town had no right to dispose of; that he had his twenty 
acres and more unless he had conveyed it to another, and 
"theirfore cannot but Judg him Insatiable that he canot be 
contented to run loose In his own pasture but he must break 
over fences and feed down mine also;" that Witter's conscience 
in former years would not allow him to claim it, although he 
had an "Itching desire after It," as appeared by the testimony 
of Henry Collins and John Lewise, who affirmed that Witter 
would have borrowed a yoke of oxen of said Lewise to pur- 
chase the land now in controversy which he then acknowledged 
to be Thomas Joyes; that Thomas Wheeler, father-in-law 
of Witter, etc.; that Capt. Marshall testified that Witter 
never sold any land within the fence, which Richards owns 
to be true, ''for he sold not all of MuUiners right to Oliver 
purchase, for he reserved some part to himself within fence 
which after ward he sold to Edward Richards, as appears by 
a deed from Thomas Joy to Capt. Marshal which bears date 
May 30, 1661, which deed is now made over to Edward Rich- 
ards"; that Edward Kibby gave a different testimony two 
years before, etc. 

Thomas Wheeler, aged about seventy-six years, deposed 
that about eighteen years ago he was at Josiah Witter's house 
in Linn, etc. Sworn, Sept. 15, 1680, at Stonington, before 
Samuell Mason,} commissioner. 

Josiah Witter's bill of cost, a journey from Stoning towne, 
106 miles, to take out the attachment, 10s., one witness from 
Muddy river, 5 days to go to Stoningtowne, 10s., etc., 41i. 
Is. 6d. 

fThomas Dorman deposed that he heard Ensign Houlat 
say that he had borrowed money of his wife, who, he said, 
had sold some of her geese and turkeys for money. Deponent 
told him that his wife's geese and turkeys were his wife's 
when he pleased. Houlat replied, "no, I medle not with 

t Autograph. 



1680] RECORDS AND FILES 11 

John Lee v. Mr. Francis Wainwright, in his own name, and 
as assignee of Steephen Crose. Verdict for defendant.* 

John Lee v. Robert Crose, jr. Verdict for plaintiff, 2,418 
feet of merchantable pine boards, to be delivered at Boston, at 
98. per M and freight.f 

the geese nor turke's for thay are hurs for she hath bene and 
is a good wife to me." Sworn in court. 

Isack Comins, jr., and Samuell Kingsbury deposed that 
they, living with Daken Thomas Houlet and having a con- 
siderable part of honey, gave the combs to Daken Howlet's 
wife for her own use, "that is to say his last wife." Sworn 
in court. 

*Writ: John Lee, in his own right and as assignee of Steven 
Cross V. Mr. Francis Wainewright, merchant; for refusing to 
pay for a voyage to Exeter to William Hilton and Samuell 
Hilton by Lee and Cross with their sloop, for the purpose of 
getting boards, but did not get them and returned dead 
freighted; dated Sept. 22, 1680; signed by Robert Lord, J 
for the court and town of Ipswich; and served by Robert 
Lord,t marshal, by attachment of salt. 

tWrit: John Lee v. Robert Cross, jr.; for not delivering 
3,160 feet of pine boards which he was to receive at Lamperell 
river and deliver at Boston; dated Sept. 6, 1680; signed by 
Robert Lord, J for the court and town of Ipswich; and served 
by Robert Lord, J marshal of Ipswich, by attachment of 
defendant's part of the ketch called the Sparrow. 

Jno. Lee's bill of cost, Hi. 10s. 

Jno. Wedgwood, aged about thirty-nine years, deposed that 
he carted the boards to the landing place at Lamperell river 
for Mr. William Hilton, who paid them to John Lee for a 
debt he owed him. He delivered them to Robert Cross to 
carry to Boston and Lee was there at the time. William 
Hilton and John Wedgwod deposed the same. Sworn, Sept. 
22, 1679, before John Gillman,| commissioner. 

Robert Cross, Dr., for what Jno. LeeJ disbursed for him, 
he agreeing to pay him when he came to Boston: Lent him 
on July 7, 1679 at Henery Crounes, 2s. by a chair as money, 
2s.; June 16, 1679, paid for him at Nickoles Noreses by a 
chair as money, 3s.; Robert Cross received of me in Boston 
300 of Red Oak hogshead staves, 9s.; total, 14s.; debtor for 
6 weeks service in the voyage from Ipswich to Piscataqua 
A to Boston & Ipswich. Robert Cross, Cr., paid to me in 
Boston, 16s. in silver; freight of 1 barell of rum from Boston 
to Ipswich, Is. 3d.; freight of 2 emty cask. Is.; freight of 
125 fotts of boards from Piscataqua to ye lis of Shouls, 9d.; 

t Autograph. 



12 IPSWICH QUARTERLY COURT [Sept. 

Mr. Nicholas Shapley or his attorney v. Samuell Seward. 
For not paying 81i. Verdict for plaintiff, forfeiture of the 
bond. 

George Carr acknowledged judgment to Samuell Clough. 

Cornet Severns having entered a complaint against Ben- 
jamin Greley and Sam. Eaton, for lurking about his house in 
the night time last winter, enticing his man and maid out 
of his house in the night to Tho. Eaton's house in Salsbury, 
which they confessed, they were fined.* 

Philip Greeley appealing to this court from a judgment 
granted by Mr. Wm. Browne, Esq., did not prosecute. 

Sarah Lambert complaining against John Hunkins, as 
the father of her child, he was boupd to pay 2s. 6d. in corn 

freight of 500 of boards to Boston, 5s.; freight of 300 of staves, 
was discounted at ye price sould; debtor for ye freight of 
200 of white oak staves, 2s. ; total, Hi. 6s. 

June, 1679, John Lee rescue of Roberte Crosse at Boston, 
Is.; lent at Boston, 2s. 6d.; 2 1-2 hundred of boards, 10s.; 
John Lee, for freight, 16s. 6d.; more money, John Lee of 
Robert Crosse, 5s. 6d.; money lent at Boston, 5s. 6d.; more, 
5s. 6d.; freight home from Boston, June, 1679, one hogshead, 
Is. 6d.; won emte barel, 8d.; barel of rume, Is. 3d.; total, 
Hi. 198. 5d. Sworn by Roberte Crossef in court. 

Phillip Foulerf showed John Lee the account which Roberd 
Crose presented to the court and he owned it, provided Crose 
would give him half the profit he obtained by buying and 
selling that rum he bought of Mister Wintrop. Sworn in 
court. 

Jno. Lee'sf account of what boards Robert Cross received 
at Lamperell river to carry to Boston for him: Shiped on 
board by William Hilton, 1192 feet, received July 3, 1679; 
shipped by Mr. Robert W^dlay on July 5, 1679, 2,660 feet 
of boards; total, 3,852. Robert Crosse delivered for Lee to 
Joseph Evely, at Lamperell river, 100 feet; to Mary Wai- 
mouth at the lis of Shoules, 125 feet; delivered at Boston, 
500 feet; total, 725 feet. 

*Warrant, dated July 7, 1680, to the constable of Salisbury, 
for the appearance of Samuell Eaton, upon complaint of 
Cornet John Severns, for hovering about his house, peeping 
in at the window, etc., also to Elizabeth Clifford, as a witness, 
signed by Robert Lord,t cleric. 

Writ, dated July, 1680, signed by Robert Lord,t cleric, 
and served by Robert Emerson,t constable of Haverhill, 

t Autograph. 



1680] RECORDS AND FILES 13 

per week to Goodwife Pod, for the keeping of the child. John 
Hunkins and Joseph Lee bound.* 

Jacob Manning; being complained of for striking John 
Williams of Salem, when he was the marshal's deputy, and 
in execution of his office toward Nicholas Manning, was fined.f 

^Examination and confession of Sarah Lambert : that 
about the beginning of January last about a fortnight before 
the Thanksgiving she was going home in the evening about 
eight o'clock on a moonlight night. In Mr. Nath. Rogers' 
pasture she met John Hunkins coming toward the town, etc. 
Sworn, July 8, 1680, before Daniel Denison.t 

John Hunken wholly denied it, July 8, 1680, before Daniel 
Denison, and had his case continued until the next Ipswich 
court. John Hunkins was bound, with Joseph Lee, James 
Fuller, John Lee and Joseph Fuller, as sureties. 

Warrant, dated July 8, 1680, for the appearance of John 
Hunkins, signed by Daniel Denison, t for the court. Nath. 
Rust,t constable of Ipswich, appointed Thomas Knolton, jr., 
his deputy to serve this warrant. No return made. 

Mistress Sarah Rogers, Dorkas Love and Hana Browne 
deposed that they were with Sarah Lambert when the child 
was born, etc. 

tWrit: Lot Gording v. Nicholas Manning; debt, for bond, 
by which Manning was to pay to Henry Lane of Dartmouth, 
England; dated Aug. 17, 1680; signed by Nat. Barnes,! for 
the court and town of Boston. Henry Skerry, { marshal of 
Salem, appointed John Williams and James Pouland, his 
deputies, and no return made. 

Tho. Ives deposed that he saw Manning strike Williams. 
Sworn before Bartho. Gedney,t assistant. 

John Best and Samuell Wackfelld testified that, going with 
John Williames toward Mr. Barto. Gedny's, they heard Lieut. 
Jeremiath Nelle ask which struck first, and Williams said that 
he did, etc. Sworn, before William Browne,t assistant. 

James Poland, aged about forty-eight years, deposed that 
he saw the striking which was on Aug. 23, 1680, etc. Sworn, 
29 : 7 : 1680, before Edm. Batter, t commissioner in Salem. 

John Williams, aged about forty years, and Joseph Gatchell, 
aged about twenty-eight years, testified that Manning was in 
Sam. Bedle's door when the attachment was mentioned and 
he went into the house, Jacob Manning shutting the door 
upon deponents. Sworn, 29 : 7 : 1680, before Ed. Batter,t 
commissioner. 

John Williams deposed that he arrested Nicklos Maning in 
the King's name and then his brother, Jacob Maning, fell 

}Aiitoeraph« 



14 IPSWICH QUABTEBLT COVBT [Sept. 

Thomas Rogers was licensed to make sturgeon, provided 
he present the court with a jowl of good sturgeon every Michelle 
mas court. 

Benjaniin Rolfe was released from ordinary training, paying 
4s. a year to the use of the company.* 

Mary Grant was admonished upon her presentment.! 

Mr. Simon Willard took the freeman's oath. 

John Coming was fined upon his presentment. { 

The county is indebted lOSli. 17s. 6d. and the treasurer 
was ordered to issue warrants to the several towns for half a 
single country rate for a county rate. 

Administration upon the estate of Mr. Nathaniell Rogers, 
deceased, was granted to Mr. John Rogers and an inventory 
was presented. Court settled the estate according to the 
evidence of Walter Roper and Mr. Samuell Belcher, upon 
Mr. John Rogers and his son. 

Ordered that henceforth no officer belonging to the courts 
nor any other debts due from the court or county shall be 
paid in money or in the best pay, until the debt due to the 
ordinaries for the entertainment of the court be discharged. 

upon deponent, the prisoner running into Nathanell Beadle's 
house. Sworn, Aug. 23, 1680, before Bartho. Gedney,§ 
assistant. 

John Williams§ deposed that he was made deputy by his 
father, Marshal Skerry, etc. Jacob Manning gave him sev- 
eral blows with his cane, and Nicholas Manning drew his 
dirk upon him. 

♦Benjemen Rof's petition, dated 30 : 7 : 1680, to be re- 
lieved from training, he being about forty-two years old, and 
weakened by lameness so that he was unable to travel much, 
signed by Daniell Peirc.§ 

tRowley presentment, for striking Elizabeth Mihill and 
upbraiding her for her deformity of body and other provoking 
words. 

Frances Pallmar and Sarah Pallmar deposed that they 
heard her call Eliazbeth a crooked-back slut and a thief, and 
gav:* her a box on the ear. 

JWarrant, dated Sept. 16, 1680, for the appearance of 
John How and Jacob Towne, as witnesses in John Comings' 
presentment, signed by Robert Lord,§ cleric. No return 
made. 

§ Autograph. 



1680] RECORDS AND FILES 15 

Ordered that henceforth the yearly allowance to the mar- 
shal of Salem and marshal of Ipswich be equal, 31i. each. 

John Ring and Martha Lampson, both of Salsbury, bound 
over to this court for fornication, court ordered that they be 
severely whipped or pay a fine. If said John should, within 
six hours or before noon on this Sept. 29, 1680, marry said 
Martha, their fines were to be reduced. If he refused, he 
was to be bound for the maintenance of the child.* 

Ensign John Gould was bound for the appearance of his 
Indian when the court called for him. 

John Ring, with Robert Ring and Nathaniell Grifing as 
sureties, was bound for the payment for the maintenance of 
the child of Martha Lampson. 

William Nellson, for rape upon Mehittabell Anis, was 
ordered to be severely whipped.f 

Court in March last having upon petition of Shuball Walker 
granted him a reversal of a division of estate of land betw;een 
Hannah and Patience Jewett, and then appointed the same 
committee to review their act and newly lay out and state the 
bounds, making return to the adjournment in May last, 
which they did, court now upon objection made against their 
return by the Gages, granted a hearing, and having heard the 
pleas and being sensible of the indiscretion of the committee, 
owned by themselves in their first act by being overpersuaded 
by John Gage, see no cause to alter their decision of last May, 
and so approve and confirm it.J 

*Wit: Goodwife Osgood, the midwife, and Sarah Rowill. 

fWilliam Nelson was complained of by Abraham Martyne, 
on July 9, 1680, for rape upon his kinswoman, Mehitabel 
Avis, under ten years old, which appeared by testimony of 
John Carpenter, the girl's and his own confession, and the 
testimony of Michael Brigden, and he was committed to 
prison on July 16, 1680, by Daniel Denison.§ He was bound 
with John Andrewes, sr., William Butler, William Durgey 
and Thomas Marshal, as sureties. 

Warrant, dated June 8, 1680, signed by Daniel Denison.§ 
Nath. Rust,§ constable of Ipswich, appointed Thomas Knolton, 
his deputy. 

{Petition, dated May 3, 1680, of Daniell Gage,§ Nath. 
Gage§ and Josiah Gage,§ heirs and executors of the estate of 

( Autograph. 



16 IPSWICH QXJABTEBLT COURT [Sept. 

their father John Gage, concerning the hundred acres which 
they had possessed for seventeen years, etc. 

Jonathan Danforth,* surveyor, aged about fifty-eight years, 
deposed that in Apr., 1672, he measured Capt. Shuball Walker's 
farm at Bradford and ran the line between him and Goodman 
Gage, according to the ancient bound marks. Sworn, 22 : 7 : 
1680, before Daniel Gookin, sr.* 

Jonathan Danforth,* surveyor, certified at Bradford, 15 : 
5 : 1680, that being desired by Josiah and Nathaniel Gage to 
survey a parcel of meadow land of Capt. Shuball Walker's 
in Rowley Village, belonging to his farm in Bradford, he found 
forty-eight acres, including all the meadow that had a meadow 
bottom, which was clear of the swamps and high brush. Sworn^ 
22 : 7 : 1680, before Daniel Gookin, sr.* 

Jonathan Danforth* certified at Haverhill, 15 : 5 : 1680, 
that, being desired by Capt. Shuball Walker of Bradford to 
testify concerning the meadow at Rowley Village, he declared 
that it was one of the worst pieces of meadow, considering 
the quantity, that he had seen anywhere, and that he should 
consider it a hard bargain to take three acres of it for one 
acre of good meadow. He meant no better meadow than 
the Hazeltin's had in the same plantation. Sworn, July 15, 
1680, before Nath. Saltonstall,* assistant. 

John Simmons, aged about forty-two years, testified that, 
living ten or eleven years near Shu. Walker's, he considered 
two acres of Gage's to be as good as three of Walker's. Sworn, 
Sept. 20, 1680, before Nath. Saltonstall,* assistant. 

John Hartshorne, aged about twenty-nine years, deposed 
that Capt. Walker of Bradford and Josiah Geag, on Sept 
22 or 23, 1680, were talking about their lands on that side the 
river where Walker lives, and the latter said he had broken 
up twenty-seven acres. Walker also said that Josiah Geag 
had 360 acres on the Neck and he had 406, etc. Sworn, 27 : 
7 : 1680, before Nath. Saltonstall,* assistant. 

Josiah Gage, aged thirty-two years, deposed concerning the 
lines. 

John Osgood, sr.,* and James Davis, sr.,* deposed concern- 
ing the amount of land, etc. Sworn, Sept. 25, 1680, before 
Nath. Saltonstall,* assistant. 

Ezekiell Northen* and John Tod* viewed the division 
again, according to court order, which had been made between 
John Carlton, deceased, and Patience, wife of Shubaell Walker, 
etc. 

Henry Kingsbry and James Kingsbry deposed that the 
Walker farm produced the best crop of corn, both wheat and 
Indian, of any land in the whole Neck, about fifteen years 

* Autograph. 



1680] RECOBDS AND FILES 17 

Bichard Wells made oath that Joseph Gatchell attached 
him to this court, but no action was entered. 

Rachell ClentoU; desiring that her husband provide for 
her, was allowed 20s.j she to demand no more of him. 

Mary, relict and administratrix of the estate of Ephraim 
Davis, desired a settlement of his estate as to the six or seven 
acres of land which James Davis claims. Court gave her 
until the next Ipswich court to settle it, and then to sue for the 
land, if necessary. 

Zachary Curtice and Elizabeth Bridges, for miscarriages, 
were fined. 

Robert Pike, aged about sixty-three years, and Moses Pike, 
aged about twenty years, deposed that they saw the widow 
Elizabeth Wells sign and seal a will, dated Aug. 26, 1677, and 
they signed as witnesses. Sworn in court. The will which 
Major Robert Pike opened in this court, he did not leave in. 
court. 

Nehemiah Jewett and Mr. Willson, overseers of the wills 
of the deceased husband of widow Barker of Rowley, were 
ordered to call the executors of James Barker to account about 
what provision had been made for the widow, according to 
her husband's wills. They were to see that she had enough 
for comfortable subsistance and for the future. 

John Page was licensed to keep ordinary at Haverell for a 
year. 

Mighill Farley had his license renewed for a year. 

Mr. Francis Wainwright had his license renewed for a year. 

John Wainwright had his license renewed for a year. 

Deacon Goodhue had his license renewed for a year. 

Thomas Judkin had his license renewed for a year, also for 
liquors. 

Erasmus James had his license renewed for a year, also to 
sell what cider he makes of his own by retail out of doors, 
but not to buy to sell. 

Daniell Clark had his license renewed for a year. 



ago, when they lived upon Mister Juate's farm. Sworn, 
Sept. 27, 1680, before Nath. Saltonstall,* assistant. 

Robert Clemenes testified. Sworn, 27 : 7 : 1680, before 
Nath. Saltonstall,* assistant. 

* Autograph. 



18 IPSWICH QUARTERLY COURT .[Sept. 

John Dodg complaining against Walter Fairefield, Tho. Fiske 
and Richard Hutton, for wrong and injury done to his wife, the 
latter asked for trial by jury, which was granted. They were 
found guilty, fined, and ordered to return Dodge's platters.* 

♦At a General Court held at Boston, May 19, 1680, in the 
action of Beveriy, by Wm. Dodge and .Paul Thorndike v. 
Capt. Fiske and others for the town of Wenham, they found 
for defendants, the land in controversy. Copy made by 
Edw. Rawson,t secretary. 

Richard Hutten,t aged about fifty-nine years, deposed 
that before he attached John Dodge of Wenham, he demanded 
Dodge's rates for town and country, which he refused to pav. 
Thos. Fiske,t Walter Fayerfield,t Charles Gott,t John Batchel- 
dert and William Fiske,t selectmen of Wenham, certified 
that Richard Hutten was constable for Wenham in 1679. 
Owned by Beverly men. 

Warrant, dated July 21,1680, for the appearance of Richard 
Hutton, Thomas Fiske and Walter Fairefeild upon complaint 
of John Dodge, for entering his house, taking away some 
pewter when no one was at home, and afterwards striking his 
wife, so that she was much injured, signed by Daniel Denison,t 
for the court, and served by Samuel Moulton,t constable of 
Wenham. 

Elnor Edwards, aged about sixty years, and Debora Geare, 
:aged about twenty-six years, deposed that Hotton, Fiske and 
Paierfeld came to the house of Rise Edwards with three pewter 
platters, which they took out of John Dodge's house. Dodge's 
wife passed by and asked them why they rifled her house 
when nobody was at home, stepping up to take the platters 
away. They all three pulled her down and dragged her upon 
the ground, Thomas Fiske, sr., striking her a blow on the 
neck with his fist. Then Rise Edwards cried out, ''Rescue 
the woman, what will you let hear be Cilld," and John Edwards 
stepped in and held Fiske and Fairfelld by the shoulders. 
Sworn, July 23, 1680, before D. Denison.f 

At a General Court at Boston, May 19, 1680, in the action 
of John Putnam and Mr. Gardner, in behalf of the town of 
Salem v. the town of Wenham, judgment was given for de- 
fendant. Attest, Edward Rawson, secretary. Copy made 
by Daniel Denison.f 

Petition to the General Court, dated 15 : 8 : 1679, by 
Rice Edwards, John Dodge, Edwd. Dodge, Joseph Dodge, 
John Edwards, Joseph Eaton and John Wooden, ''familyes 
that are taken away from Beverly, y* Towne y* Church y* 
minister y* we allwayes did belong unto ever since it was a 

t AutosrapL 



1680] BECORDS AND FILES 19 

Town & have great content in & before to Salem & but now 
contrary to y^ antient Bounds, setled for aboue 26 yeares 
agoe; we are forced to y* Towne of Wenham, to y* great 
greife of ou' hearts & wrong to y* Town of Beverly & this 
is by y« new Eeast line appointed by y* Com. to part Beverly 
& Wenham with; We humbly conceaue y* y* End of y* Gen' 
Court in sending this Committee was for y*» healing of diflfer- 
ence where it was: by this act they haue occasioned great 
contentions & heart Burnings one against another where was 
none before, & we yo' poor pet" labouring under this Un- 
supportable burthen which o' predecessors would not yeild 
unto, neither are we able to undergoe; but are forced to cry to 
yo' Honours for Releife & doe most humbly beseach & earnestly 
craue that we may by no meanes be removed from y* Towne 
of Beverly to Wenham we come not at their meeting neither 
doe they desire we should for they say their meeting house 
is full enough allready, neither can o' spirits close with them; 
and as for y* new Line, it Runns betwixt some of o' dwelling 
houses & our out houses & orchards & cutts us off from y« 
Common, so that we haue not outlett for o' Cattell, we humbly 
entreat y** favours, we haue been at great charges to settle 
o'selues having respect to y* puiledges of y* Towne, unex- 
pectedly to be so disapointed & deprived it will drive us to 
remoue o' Habitations," etc. Copy made by Edw. Rawson,* 
secretary. 

Wenham's bill of cost, 41i. 4s. 6d. 

Petition to the General Court, dated Oct. 14, 1679, by 
Wm. Dixcy, Wm. Dodge, sr., Samll. Corning, John West, 
Hugh Woodberry, John Dodge, sr., John Hill, per order and 
in behalf of the town, Paul Thorndike, Wm. Rayment, Wm. 
Woodberry and Andrew Elliot, "y* respected Committee y* 
were appointed y* Last yeare to settle differences in y* Line 
between Salem Village, Wenham and Beverly made a Returne 
to this Hono"** Court which was grounded upon mistakes, 
so far as it Relates to our Towne & being granted would de- 
priue us of sundry familyes and much of o' meadowes, & 
other Lands which haue been o' undoubted Rights for y« 
use of o' ministry for about these thirty yeares; disannulling 
thereby y* antient Bounds between Wenham & us which haue 
been confirmed long ago by possession perambulation & 
written agreem** which bounds we were referred to by Salem 
in y* Liberty we had from them to be a Towne; & confirmed 
to us by y* Hon'** Gen' Court when we were made a Towne 
To 3^ great detriment of o' Towne & greife of Sundry familyes, 
who having been so many yeares of o' Towne, doe earnestly 
desire there to continue still & yo' petition" conceaving that 

* Autograph. 



20 IPSWICH QUARTERLY COURT [Sept. 

this was not understood by y« hono'*^** Court wheA the sd 
Returne was presented, Therefore y* petitioners doe humbly 
petition y' Hono's for Releife in this Case & a full hearing 
of o' case in order thereunto, not doubting but this being 
graunted; This Honored Court will se reason that o' antient 
& so long possessed & acknowledged bounds shall remaine." 
Attested, Oct. 15, 1679, by Edw. Rawson,* secretary. 

Charles Gott* and John Batcheler* testified that they 
notified the selectmen to meet with them to run the divisional 
line agreed upon by the committee in 1678 and confirmed by 
the General Court in May, 1679, between Wenham and Bev- 
erly, to be from the white oak on Alford's hill to the quarter 
part of Manchester line, but they did not comply, also again 
in the summer of 1679. So deponents ran it alone and it 
took in the families before mentioned. Later Beverly men 
ran it and found the same. Thomas Patch testified to the 
same. 

Charles Gott testified that he carried the notice to An- 
drew Eliote, selectman of Beverly. Thomas Fiske testified 
that the selectmen of Beverly refused to attend. Sworn in 
court. 

Samuell Corning,* for the selectmen of Beverly, certified, 
on Mar. 9, 1678-9, that these families were rated in Beverly 
in 1679, and Peter Woodbery,* constable of Beverly, cer- 
tified on Mar. 19, 1680, that they had all paid their rates. 

Walter Fairefeild and Thos. Fiske testified that they ran 
the line and found John Dodge's house in Wenham. Sworn 
in court. 

Report of the committee, Nathaniel Poole, John Waite, 
John Putman, John Curwin, Willm. Johnson and Richrd. 
Hull, appointed by the General Court to settle differences 
between Beverly, Wenham: on 11 : 9 : 1679, they met, and 
the Beverly bounds being from the east side of Bass river to 
Wenham line at a pine stump by a swamp running out of 
Larence Leaches meadow, they ran the divisional line as 
follows, from this pine stump to a marked white oak on Al- 
ford's hill near the great pond, then straight to Manchester 
line bounds to the fourth part of said line, from a white oak 
marked on the east of Pleasant pond to the head of Chubby 
creek, the meadow within the line belonging to Beverly from 
Longham bridge eastward to remain to Beverly and that the 
600 acres granted to Wenham by Salem be made good to 
them; the line between Wenham and the Village was to run 
from the before mentioned pine at Leaches meadow to a 

west line . Attested by Edw. Rawson, secretary. Copy 

made by Daniel Denison.* 

Thomas Killim of Ipswich deposed that he met the men 

* Autograph. 



1680] RECORDS AND FILES 21 

running the line when he coming from Beverly, etc. Sworn 
in court. 

John Davise, aged about twenty-five years, deposed that 
William Rayment of Beverly told him, etc. Sworn in court. 

Petition to the General Court, of John Hathorne,* for the 
selectmen of Salem, dated Oct. 14, 1679, for a hearing of the 
case between themselves and Wenham, because the committee 
appointed by the General Court acted upon misinformation 
of Wenham men, who said that Joseph Porter's house was 
at least 20 poles within Salem bounds, but it was found that 
the house was within Wenham by 120 poles; if this land be 
taken away from Salem, their faith in the title of all their 
lands from the General Court would be shaken: they hoped 
they would not be asked to pay for Wenham's neglect, for 
in 1639 the General Court granted to Wenham much land 
between Topsfeild and Wenham, which by the latter's neg- 
lect was afterward granted to Topsfeild, etc. A hearing 
was granted by the General Court, Oct. 15, 1679, as at- 
tested by Edw. Rawson, secretary. Copy made by Daniel 
Denison.* 

Josias Dodg, aged about fifteen years, deposed that, as he 
was making hay not far from his father's house, he saw Hotton 
with the black staff under his arm strike on the door. De- 
ponent showed him a sled to be attached for rates, but they 
opened the door where a great kettle stood, etc. Sworn in 
court. 

John Edwards, aged about thirty-seven years, deposed 
that he came to his father's house and found Fiske, Hotten 
and FairfeUd there asking for some fire to light their pipes. 
His father told them he was not willing they should have 
fire. Deponent told them they might have some if they 
would go to his house but not inside the door. He showed 
them a receipt for the rates in 1679, etc. Sworn, July 23, 
1680, before D. Denison.* 

John Edwards, aged about thirty years, Benjamin Edwards, 
aged about eighteen years, and William Simons, aged about 
twenty years, deposed. Sworn in court. 

Thomas Hobs, aged about fifty-eight years, deposed that 
he went to his neighbor's, John Dodg's, house and the latter's 
wife said if Wenham men came there for rates she would 
make the blood run about their ears. Deponent told her 
that if the constable commanded him to do it he would not 
be afraid to come, whereupon Goodwife Dodg caught him by 
the hair of his head and with her other hand struck him on 
the face in a furious manner. Sworn in court. 

William Knowlton, aged thirty-six years, deposed that 
talking with. John Dodg, sr., etc. 

* Autograph. 



22 IPSWICH QUARTERLY COURT [Sept. 

The selectmen of Andover, Richard Barker, John Frye, 
William Chandler, Christopher Ossgood and John Barker, 
certified that they warned John Marble out of town on May 7, 
1680.* 

Charles Gott, aged about forty-one years, deposed that 
he asked Goodwife Dodg what she would have done with the 
black staff if she could have gotten it, and she replied that 
she would have made it fiy about some of their ears. She 
said she did not know whether Thomas Fisk struck her or 
not, but she struck him a blow on the hat or side of the head. 
Sworn in court. 

William Simons, aged about twenty-one years, testified 
that old Goodman Edwards stepped up with his hoe to the 
men who were abusing Goodwife Dodg, etc. Sworn, July 23, 
1678, before D. Denison.f 

Nathaniell Ston, aged about forty-eight years, and John 
Dodg, aged about forty-nine years, testified that, accidentally 
meeting the Wenham men when they were running the line, 
they observed that the compass that they ran by sight was 
altogether false. It would not work, and the north point 
stood south or any way, so they shook it and turned it the 
way it would best answer their ends. 

Rise Edwards, aged about sixty-five years, deposed con- 
cerning the rough handling of the woman and why he cried 
out to rescue her. Sworn, July 23, 1680, before Daniel Den- 
ison.f 

John Dodg, aged about forty-nine years, and John Edwards, 
aged about thirty years, deposed. 

Thomas Fisk, sr., deposed. 

Nathannuell Stone, aged about forty-eight years, testified 
as to the black and blue places on Goodwife Dodge's arm. 
Sworn in court. 

Zacorie Hericke, aged about forty-three years, testified. 
Sworn in court. 

John Dodg, aged about seventeen years, testified that 
his mother, etc. Sworn, July 23, 1680, before D. Denison.f 

Debora Gare, aged about thirty-three years, testified. 
Sworn in court. 

William Knowlton, aged thirty-six years, testified. Thomas 
Patch also testified. 

Thomas Patch, aged about forty-two years, deposed that 
he questioned Capt. Dixey, Beverly's commissioner, etc. 
Sworn, July 20, 1680, before D. Denison.f 

*The original order, signed by Richard Barker,f John Frie,f 
William Chandler,f Christopher Ossgoodf and John Barker.f 

f Autograph. 



1680] RECORDS AND FILES 23 

Given to the house, 68. 8d. 

Mr. Phillip Read appeared to prosecute against Mrs. Mar- 
gret Giffard, upon suspicion of being a witch, but she did 
not appear. 

Daniell Welden, on Mar. 8, 1680-81, came before Worshipful 
Major Genrll. Denison and Capt. Nath. Saltonstall and 
acknowledged judgment to Mr. John Wyman of Wooborne 
in silver money. 

List of presentments, dated 28 : 7 : 1680, signed by Tris- 
tram Coffin,* in the name of the rest of the grand jury: 

Edward Phelps of Andevar, for drunkenness. Wit: Will, 
Sayear and Mr. Rich. Dole, sr., of Newbury. 

The town of Haverill, for not having a school master ac- 
cording to law, page 136. Dismissed. 

The town of Salesbury, for not having a schoolmaster, 
according to law, page 136. Dismissed. 

Petar Petts of Haverill, for being absent from his wife 
several years. Wit: Andrew Grele. 

Warrant, dated Apr. 9, 1680, for the appearance of John 
Wallingford and Thomas Thurla, to answer their present- 
ments, also Caleb Moody, Jo. Atkins, Nathaniel Clark, Joseph 
Guttridg, Benjamin Guttridge and Jonathan Moore, as wit- 
nesses; also to John Webster, upon complaint of Jo. Marsh, 
for altering a warrant granted by Mr. Woodbridge, signed 
by Robert Lord,* cleric, and served by Joseph Pike,* constable 
of Newbury. 

Venire, dated Aug. 17, 1680, for Haverill, and warrant for 
the appearance of Benjamin Greely upon complaint of John 
Severns for peeping in at the windows, signed by Robert Lord,* 
cleric, and served by Robt. Emerson,* constable of Haverhill, 
who returned the names of John Haseltine for the jury of 
trials and Andrew Grelee for the grand jury. 

Venire, dated Sept. 10, 1680, for Newbury, also summons 
for the appearance of Samuell Eaton, signed by Robert Lord,* 
cler., and served by Joseph Pike,* constable of Newbery, who 
returned the names of Sergeant Tristram Coffin and William 
Sawyer, sr., for the grand jury, and Mr. Hugh March, sr., 
and Mr. Moses Gerrish, for the jury of trials. 

Venire, dated Sept. 10, 1680, for Andover, signed by Robert 
Lord,* cleric, and served by Joseph Willson,* constable of 
Andover, who returned the names of Ralph Farnum, sr., for 
the grand jury, and Daniell Poore, sr., for the jury of trials. 

"A note of what things we desire to haue sent over for 
our part:"t A great kettell about 18 or 20 gallons & others 

* Autograph. 1 1^ paper is in the handwriting of Robert Lord. 



24 salem quarterly court [nov. 

Court held at Salem, 30 : 9 : 1680. 

Judges: The Honrd. Majr. Genrll. Daniell Denison, Capt. 
Nathaniell Saltonstall, Esq., William Browne, Esq., and 
Bartholmew Gedney, Esq. 

Grand jury: Mr. John Ruck, John Holmes, Samuell Eborne, 
sr., Anthony Buxton, Robert Fuller, Joshua Ray, Ensigne 
Fuller, Robert Rand, Allen Bread, jr., James Freind, John 
Bennett, John Sibly and William Griggs. 

Jury of trials: Mr. Samll. Gardner, jr., Mr. Robert Kitchin, 
John Mastone, jr., Usall Wardall, John Williams, Edward 
Flint, Robert Potter, John Burell, Samuell Johnson, Richard 
Hutten, John Patch and John Seargent. 

Seargent Kertland of Linn was fined for not appearing to 
serve on the grand jury. 

William Browne, Esq. v. Capt. Laurence Hamond, Mary 
Russell, administratrix of the estate of Prudence, late relict 
and administratrix of the estate of Tho. Russell, deceased, 
John Phillips and Antho. Chickley. Forfeiture of a bond. 
Verdict for plaintiff. Court moderated the bond.* 

les to goe one i^dthin another to 3 gallons & 6 skilletts the 
biggest to hould 2 quarts strong such as they call dubble brass 
a doozon of pewter platters six of them that was about 3 or 4 
pound a peece and six about 2 pound & halfe a peece wayt, 
one doozon of poringers 6 of 3s. p doozon & six of a larger 
size and 2 doozon occumy spoones; beding, 4 darnacle cov- 
erings and 30 or 40 yds tikeing halfe a peece of greene say, 
six ells hoUand at 6s. p ell, one piece of Sleasie at 2s. p ell, 
1 peece at 16d p ell, 20 ells of fine dowles, a peece of 3-4 wyde 
blew lennen, l-21i. blech thred at 4s. a pound, l-21i. ontnall 
thred 12s p li. & l-21i. at 8s. p li., halfe a pound of silke, sowing 
& stiching, 1-2 a doozon of red & white pins & 1-2 doozon short 
whites, a peece of greene 4d. ferret ribbin, two pare of 3-4 
bodyes and 4 paire 1-2 ell, a peece of Exeter kersie, good 
civill couller & a peece of single devonshire Kersie, halfe a 
firkin of larg 3d. nayles & 1-2 a ferkin of lOd nayles, a pound 
of nutmeags, l-21i. cloves, l-21i. mace and l-21i. of cinamon. 
A trunke to put the goods in ''markt R^M thus." 

*Writ, dated Boston,* Oct. 20, 1680, signed by Nat. Barnes,! 
for the court and town of Boston, and served by Joseph Ryall,t 
constable of Charlestown. Bond of Laur. Hammondf and 
John Phillips, t 

t Autograph. 



1680] RECORDS AND FILES 25 

Isaack Hull, husband of Sarah, relict of John Sollart, jr. 
V. Walter Fairefeild, executor of the will of John Solart, jr., 
deceased. For withholding or refusing to deliver to said 
Isaack an estate left by said Solart. Verdict for plaintiff, 
that parcel of land laid out to the executor by Tho. Fisk and 
Charles Gott, with 61i. for rent. Appealed to the next Court 
*of Assistants. Defendant bound with Jon. Hoare and 
Ezekiell Woodward as sureties.* 

William Browne, Esq., of Salem, Dr., June, 1676, to cash 
paid by Capt. John Phillips, 551i.; July 28, to cash paid by 
Laurence Hammond for his account to Mr. Thomas Deane, 
551i.; to cash paid by Capt. Thomas Russell or his widow, 
551i. Cr., due by bond, 22011. Owned by Browne in court. 

Bond, dated Jan. 14, 1675, given by Laur. Hammond,} 
Thomas Russell t and John Phillips, | merchants, all of Charles- 
town, and Anthony Checkley,t merchant, of Boston, to Wil- 
liam Browne of Salem, who having given letters of credit to 
William Shipman and Robert Ra worth of Theneriff , merchants, 
upon William Barron, merchant, at Bilboa, for 200 pieces 
of eight, to be paid in Bilboa in bills of exchange, for buying 
wines in Theneriff to load upon the ship Katherin, in the 
company of William Browne and John Turner of Salem, Law- 
rence Hammond, Thomas Russell and John Phillips of Charles- 
towne, and Anthony Checkley of Boston, each one-sixth, they 
should pay him 2201i. upon arrival of the ship at Boston. 
Wit: John Keenyf and James Buttler.f Sworn, in Boston, 
Oct. 24, 1680, before John Joyliffe,t commissioner. 

*Writ, dated Nov. 10, 1680, signed by Andr. Eliott,t for 
the court and town of Beverly, and served by Samuell (his 
mark) Moulton, constable, by attachment of the dwelling 
house and land of defendant. 

Summons, dated Nov. 9, 1680, to Walter Farfeild of Wenham, 
signed by Andr. Eliott,t for the court and town of Beverley. 

Walter Fayerfield's bill of cost, 12s. 4d. 

Isaack Hull's bill of cost, 31i. 12s. 

Inventory given in to Ipswich court, Mar. 27, 1677, by 
Walter Fairefield, executor of the estate of John Solart, jr., 
amounting to 841i., together with a colt appraised at 40s., 
by Richard Hutton and John Killam; also what Solart received 
from his mother, 51i. in silver and 49s. in goods, and 22s. more 
in silver. Copy from the record of wills and inventories, 
book 4, page 84, by Robert Lord,t recorder. 

Copy of will of John Solart, dated 26 : 7 : 1672, proved. Mar. 
28, 1676, in Ipswich court, he "being bound to sea and for old 

t Autograph. J Seal, with letters A. C, probably Anthony Checkley. 



26 SALEM QUARTERLY COURT [NoV. 

England:'' his estate left by his father to him and 41i. 
due from Mr. Richard Oliver of Munhegen, he left to his 
wife Sarah, now in England; in case there was a child born 
to her, she was to have one-third and the child, two-thirds; 
Walter Fairefield, of Wenham, executor, and Nehemiah 
Jewett and Roger Darbie, overseers; if his wife died, his 
brother Joseph Solart was to have the estate. Wit: Robert 
Lord, jr., and Phillip Fowler. Copy made by Robert Lord,* 
recorder. 

Copy of the administration upon the estate of John Sorlat, 
at Ipswich court, Sept. 24, 1672, made by Robert Lord,* 
recorder. 

Peter Cocke, aged about fifteen years, son of Roger Cock 
and brother to Sarah, wife of Isaac Hull, all of Topsam in 
Devonshire, deposed that he knew John Solart of New England 
and that his sister was the wife of said Solart about one year. 
After Solart's death, his sister lived with Isaac Hull, as his 
wife, about five years, deponent being very familiar with the 
house, and she had two children by Hull. Sworn, Nov. 5, 
1680, before John Walley,* commissioner. 

Nehemiah Jewett* and Roger Derby* certified, on Nov. 4, 
1680, that Sarah, wife of Isaac Hull, was the right heir to 
Solart's estate and that it should be delivered to said Hull, 
etc. Sworn in court. Walter Fairefeild owned that he let 
the land staked out for John Solart, jr., to Ezekiell Woodward, 
from day to day. 

John Severy testified that Fairfeild offered to let him the 
land between the lane going up to Ezekiel Woodard's house 
and the burying place at Wenham, but deponent left it because 
he asked more by the year than he was willing to give. Fair- 
feild plowed the same day and the next day sowed what they 
plowed. Sworn in court. 

William Brusey, of Topsham, Devonshire, aged about 
thirty years, deposed that he was well acquainted with John 
Solart, sometime of New England, who married Sarah, daughter 
of Roger Cock of Topsham, chandler, and after Solaris de- 
cease, she married Isaac Hull of Topsham. Sworn at Boston, 
Oct. 22, 1680, before Bartho. Gedney,* assistant. 

Robert Nowell of Salem, aged about thirty-four years, 
deposed the he was in Topsham, England, about five years 
ago at Isaac Hull's house, when the latter's wife told him 
that she had been formerly the wife of John Solart, a New 
England man, she knowing that deponent also was a New 
England man. Sworn, Nov. 3, 1680, before William Browne,* 
assistant. 

Richard Hutten, aged about fifty-nine years, deposed that 
the houses and lands of John Solart, sr., had been in possession 

* Autograph. 



1680J RECORDS AND PILES 27 

Robert Hooper v. Edward Holeman. Trespass. Verdict 
for defendant. Appealed to the next Court of Assistants. 
Said Hooper bound, with Robert Bartlett, John Roads and 
William Wood, as sureties.* 

of Ezekiell Woodward ever since the winter of 1672. Sworn 
in court. 

Roger Derbyt certified that John Solart, some time of 
Wenham, and lately of Topsham, England, left in his hands 
his will when he was bound for old England. About two 
years later, Solart returning, told deponent that he would 
not change anything but desired him to write to his wife and 
her friends in England and tell them how he had made his 
will. 

Thomas Carter, late of Topsham, mariner, aged about 
twenty-six years, deposed that he was well acquainted with 
John, son of John Solart of Wenham, in New England, ordinary 
keeper, etc. Sworn, Oct. 23, 1680, before John Walley,t 
commissioner. 

Richard Hutten, sr., aged about fifty-nine years, and Ezekiell 
Woodward, aged about fifty-eight years, deposed that Soolart 
was said to be dead two or three years before his mother died, 
she being alive when his will was proved. Sworn in court. 

Ezekell Woodward, aged about fifty-eight years, deposed 
that John Solart's estate had been in his hands since 1672 when 
he married Elizabeth Solart, John's widow. Sworn in court. 

William Clare, t Rector of the parish, certified that Isaac 
Hull and Sarah Solart were married in the parish church of 
Clist St. George, on Sept. 1, 1675, by him. 

Thomas Fiske, aged about fifty years, and Charles Gott, 
aged about forty-one years, deposed that they set off to John 
Soolart eighteen acres from his father's estate, southward 
from the house and joins upon the country road, it being part 
of the old John Soolart's homestead. They had heard Walter 
Fairefield say several times that he had let this land to Ezekiel 
Woodward for 31i. per year. Sworn in court. 

*Writ: Robert Hooper v. Edward Holeman; trespass; 
for withholding a parcel of land of plaintiff's, in the place 
where John Coytes' house stood; dated 17 : 9 : 1680; signed 
by Hilliard Veren,t for the court and town of Salem; and served 
by Richard Norman,t constable of Marbellhead, by attach- 
ment of the house of defendant. 

On 28 : 9 : 1649, John Coyte sold to William Pitt all his 
houses, his third part of the stages, with the land adjoining, 
two acres of marsh, eight acres of upland upon the neck, for 
llli., as by a writing, dated Feb. 9, 1647, as per the book of 

t Autograph. 



28 SALEM QUARTERLY COURT [NoV. 

record of sales, kept in Salem. Copy made by Hilliard Veren,* 
recorder. 

Edward Homand's bill of cost, 198. lOd. 

Copy of deed, dated Oct. 2, 1673, given by Christopher 
(his mark) Lattamore, mariner, and wife Mary of Marble- 
head, to Edward Holeman of Marblehead, cooper, for llli., 
land in Marblehead ^'neare the water side, together with the 
p'viledges of a cove adjoyning & that from high water marke 
to low water marke & being bounded as followeth viz: with 
a stone wale south, adjoyning to the land of Henry Russell, 
next the cove, being sixty feet in bredth next the coue, & 
running with a straite line from the coue on the south or 
southwest up to the old house or just beyond the house of 
Robert Hooper (only the sd Rob* Hooper, & his wife are to 
in joy the land his house stands upon during theire naturall 
lines) & soe running with a north line, cloce to the back of 
Holemans house, to the end of the lentoo, & soe running from 
the end of the sd house, with straite line to the said coue on 
the north east excepting the liberty of a highwaye, for the 
Towne through the said ground, by the end of the s** Holemans 
now dwelling house which is to be left comon.^'Wit: Francis 
Johnson and Edward Norrice, sr. Acknowledged, Mary 
Lattamore releasing her thirds, 30 : 1 : 1674, before Wm. 
Hathorne, assistant. Copy from the county records made 
by Hilliard Veren,* recorder. 

Moses Mavericke,* John Peach, sr.,* Richard Norman* and 
Thommas Petman* testified that the greatest part of the 
land upon which Robert Hooper's house now stands was the 
town's land, and that the little wood yard was the town's 
land, all of which was given to said Hooper; also that the 
greatest part of Edward Holman's house stands where the 
old Coite house was. Mark Petman testified to the same. 
Sworn, 2:3: 1677, before Wm. Hathorne,* assistant. 

William Parsons, aged sixty years, and James Dennes, 
aged thirty-eight years, testified that Robert Hoper employed 
them to make a fence around part of his house to keep the 
cattle away. Edward Homan told Hooper that if he made 
a fence there that he would pull it down and Homan's wife 
said the same, etc. Sworn in court. 

Joan Codner, aged about forty-three years, testified that 
about sixteen years ago he was at Hooper's house when Good- 
man Homan and she who is now his wife were speaking about 
marrying. Goodman Hooper said if the match went on, he 
would give Edward Homan as much ground as he needed to 
set a house upon. Sworn in court. 

Copy of deed, dated Feb. 1, 1663, given by Christopher 
(his mark) Lattamore of Marblehead, and wife Mary, for 

* Autograph. 



1680] RECORDS AND FILES 29 

Zacheus Curtice v. Joseph Pebody. Withdrawn.* 
Henry Lilly, glover v. Georg Penny, commander of the 
ship Unity of London. Verdict for plaintiff, f 

331i. 10s. to Robert Hooper of Marblehead, fisherman, ''all 
that dwelling house of mine in Marblehead which standeth 
on the Hill where John Goytes house stood, which he sold 
unto my father pitt, as alsoe a spott of ground, being about 
the quarter part of an acre, bee it more or lesse, which is now 
fenced in & lyeth betweene a pcell of land of Henry Russells 
& Christopher Lattamores fishyard," said Hooper maintaining 
all the fence between them. Wit: Will. Bartrum and William 
Pitt. Acknowledged, 10 : 8 : 1664, Mary Lattamore releas- 
ing her thirds, before Wm. Hathorne, assistant. Copy made 
by Hilliard Veren,t recorder. 

Tabitha Brimblecom, aged about seventy years, testified 
that she heard Hooper make the promise, and when Edward 
Howman was setting up the frame of his house where it now 
stands, Mr. Lattamore told him not to put his house there 
for the land was his, but Hooper told him to go ahead and 
he would be responsible if it stood him ten pounds. Sworn, 
Nov. 27, 1680, before Moses Mavericke,t commissioner. 

Jno. Codner, aged about sixty years, testified that he was 
in Hooper's house when Holeman asked what he should do 
for a garden. The latter's father-in-law Jno. Brimblecome 
said that he would exchange with the town as much ground 
for a quarter of an acre near his house. Sworn, Nov. 27, 1680, 
before Moses Mavericke,t commissioner. 

Sarah Pick, aged about thirty-five years, testified that 
she was at Hooper's house when the frame of Homan's house 
was being raised, etc. Sworn, Nov. 30, 1680, before Moses 
Mavericke,} commissioner. 

*Writ: Zacharious Courtice v. Joseph Peabody of Rowley 
Village; for saying that he had improper relations with the 
widow Elizabeth Bridges, etc.; dated Nov. 23, 1680; signed 
by Robert Lord,t for the court and town of Ipswich, and 
served by John Pabody,t constable of Rowley Village, by 
attachment of the house and household goods of said Peabody. 

Joseph Pebody's bill of cost, Hi. 16s. lOd. 

tWrit: Henry Lillye, glover v. Georg Penny, commander 
of the ship Unity; for in an inhuman and unchristian manner 
abusing him and his wife, by forcing them, contrary to agree- 
ment, to pick oakum, without which they could have no 
victuals or drink, also for withholding their diet when they 
were kept at work daily, for turning them out of their cabin, 
forcing them to lie upon the hard boards, they being passengers, 

t Autograph. 



30 SALEM QUARTERLY COURT [NoV. 

by which their health was much impaired; dated Oct. 27, 
1680; signed by Nat. Barnes,* for the court and town of 
Boston; and served by Returne Waite,* marshal. Bond of 
Georg Penny* and Hum. Davie.* 

Richd. Secombe, aged thirty-five years, and Lancelott 
Lake, aged thirty-one years, deposed that Penny, when within 
a few days' sail from Lands End in England, set them to 
picking okum and put Richard Kennett, his chirurgeon, over 
them as supervisor of the okumites, who told them, no work, 
no victuals. There was only about one pound of beef for 
six passengers, and only three times a week, and the drink 
was either very salt or as thick as pudding, and only about a 
pint a day to a passenger. Before the ship came to anchor 
at Boston they were kept close prisoners in the gun room, 
not having liberty to go ashore. Sworn in court. 

Bond, dated June 3, 1680, given by Henry Lilly,* and wife 
Ann, of Old Street, near the city of London, to George Penny 
of Wapping, near the city of London, mariner, for 241i., to be * 
paid within six days after the arrival of the ship Unity at 
Boston. Wit: Solomon Hobartt* and Nath. Brigge.* 

Henry Lilly's bill of cost, 21i. Is. lOd. 

George Hilliard, gunner, of the ship Unity of London, 
Nicholas Matthews, cooper, and Richard Kennett, Chirurgion, 
deposed that the allowance on board was no less for five men, 
women and children, than one piece of beef a day, mess pieces 
cut at London, 2 1-2 pounds of flour, with peas, 11 pints a 
day for the ship's company and passengers, four pounds of 
bread a piece every week, and as for fish, they heard no com- 
plaint of want. Every mess had a pound and a half of butter 
every week, and as for beer and water, the least allowance 
was three pints a day for men, women and children, until the 
last week of the voyage when each person had a quart a day. 
Sworn, Nov. 11, 1680, in court. Copy made by Isa. Adding- 
ton,* cleric. 

James Rose complained also that Penny in a cruel and 
barbarous manner beat and abused him when he was a passenger 
on his ship, by tying him to the capstan and beating him 
with a great tarred rope, three inches round, which was almost 
as hard as iron. He also threw him over a grindstone, and 
with five of the seaman whom he ordered to assist him, said 
Penny abused him most horribly. 

Mary Newby, aged thirty-four years, Johanna Secombe, 
aged thirty years, and Peter Hicks, aged eighteen years, de- 
posed that the fish they had to eat was rotten, the beer as 
thick as puddle water or else salt. Also that Richard Kennett, 
as overseer over Lilly and his wife, carried a rope with which 
to chastise them if they were negligent, and on Aug. 14, they 

• Autograph. 



1680] RECORDS AND FILES 31 

Robert Hooper v. Mr. Christopher Lattamore. With- 
drawn.* 

Erasmus James v. Mr. Robert Paine, treasurer of the County 
of Essex. Verdict for defendant.! 



were turned out of their cabin, etc. Sworn, Nov. 1, 1680, 
before John Saffin,? commissioner. 

William Newsham, aged about twenty-two years, deposed 
that, being one of the passengers belonging to the ship Unity, 
he observed that Mr. Lancelott Lake, another passenger, 
was very discontented by reason of contrary winds, and heard 
him say that if they did not meet with a fair wind within two 
or three days, they should never arrive at Boston. That 
he persisted in such murmurings the whole voyage, and also 
incited the seamen and passengers between decks against the 
master. At last they grew so insolent that deponent felt 
he was not safe and asked the master to spare him some pow- 
der, with which he loaded his pistol. After three or four 
days, the feeling continuing, they who were in the great cabin 
consulting with the master for the safety of the ship, thought 
it the securest way to possess themselves of the small arms 
belonging to the gun room, which they did by taking some 
into the great cabin and some into the round house. After 
that the seamen were peaceable and quiet. Whereas it was 
reported that the master said he was "God and Lord of that 
wooden world," deponent never heard any such expression 
from him nor could he imagine he would say it. The cook 
of the ship, who was said to be the author of it, was a person 
of very little credit and behaved so rudely and profanely in 
swearing, singing base songs and drunkenness, that daily 
complaints were brought of him to the master which occasioned 
differences between them, so that he may have spoken from 
prejudice. Sworn Nov. 11, 1680, in court. Copy made by 
Isa. Addington,t cleric. 

*Writ: Robert Hooper v. Christopher Lattamore; for 
not maintaining Hooper's interest in the land where Goit's 
house stood; dated 20 : 9 : 1680; signed by Hilliard Veren,t 
for the court and town of Salem; and served by Richard 
Norman,t constable of Marbelhead, by attachment of the 
part of the house that Mr. Lattemore lives in, namely, the 
new end, from top to bottom. 

Cristiver Latemore's bill of cost, 18s. 4d. 

tJosiah Gatchell testified that he knew Salem prison was 
not sufficient, for any man having no instrument except his 
•own hands could come out as he pleased. He was also at 
Ipswich when Erasamon James had two men to view that 

t Autograph. 



32 SALEM QUARTERLY COURT [NoV. 

Jeremiah Jewett v. Twiford West. Appeal from the Hon. 
Major Genii. Daniell Denison. Verdict for defendant, con- 
firmation of the former judgment.* 

prison, and the keeper locked in two men, who came out 
without the doors being unlocked. He saw one man pull 
up one of the boards overhead in the prison with his hand, 
going into the chamber of the prison, and others went out 
under the groundsill and some went out next the watch house. 

Thomas Aires and Nathaniel Chapman, being chosen by 
Erasimas James of Marblehead to view the goal at Ipswich, 
declared that they saw Mr. Willson, the prison keeper, put 
a man in, etc. They found not one room there that was 
sufficient to keep in a man who had the dexterity of an or- 
dinary man. Sworn, Nov. 24, 1680, before Daniel Denison.f 

Theoffilus Wilson, aged about seventy-nine years, deposed 
that last September he received John Haskens, by warrant 
from the Worshipful Mr. William Browne, Esq., assistant, 
and locked him into the strongest room in Ipswich prison. 
In thirty-six hours, he had broken prison, without any appar- 
ent help by man or implement, etc. Sworn, Mar. 24, 1680, 
before Daniel Denison.f 

Letter of attorney, dated Nov. 27, 1680, given by Robert 
Payne,t treasurer, to Robert Lord, marshal. Wit: Robert 
Lord, sr.,t and Phillip Fouler.f Sworn in court. 

Copy of writ: Erasmus James v. John Haskins; debt; 
dated Aug. 30, 1680; signed by Moses Maverick, for the 
court and town of Marblehead; and served by Richard Nor- 
man, constable of Marblehead, by imprisonment of defendant. 
Copy made by Robert Lord,t cleric. 

Copy of writ of execution, dated Sept. 30, 1680, signed by 
Robert Lord, clericus. Copy made by Hilliard Veren,t cleric. 

Writ: Erasmus James of Marblehead v. Mr. Robert Paine, 
sr., of Ipswich, Treasurer of the County of Essex; for John 
Haskins, whom James had had arrested for debt, being allowed 
to escape from Salem prison and again from Ipswich prison, 
on account of the insufficiency of said prisons; dated Nov. 23, 
1680; signed by Moses Mavericke,t for the court and town 
of Marblehead; and served by Robert Lord,t marshal, by 
attachment of the house and lands of defendant. 

Warrant, dated Sept. 24, 1680, to the Ipswich prison keeper 
to receive into the prison Jno. Hoskins, signed by William 
Browne, t assistant. 

* Jeremiah Jewett's t reasons of appeal, given in 24 : 9 : 
1680, to Daniel Denison.f 

Twiford West'sf answer. 

t Autograph. 



1680] RECORDS AND FILES 33 

Letter of attorney, dated 29 : 9 : 1680, given by Twiford 
West* of Ipswich to Phillip Fowler of Ipswich. Wit: Robert 
Lord, sr.,* and Esther Gains.* Acknowledged, Nov. 29, 1680, 
before Daniel Denison.* 

Copy of papers in this action brought before Daniel Denison, 
Nov. 5, 1680, made by Daniel Denison:* 

Writ: Twiford West v. Jeremy Jewet; for stopping up the 
highway and preventing him from going to and from his 
own land; dated Oct. 6, 1680; signed by Daniel Denison;* 
and served by Robert Lord, marshal. 

Twiford West's bill of cost, 2U. 4s. 4d. 

Copy of selectmen's record of 6 : 4 : 1651, that John Gage 
and Robert Lord should appoint a way for Marke Symonds 
to go from his farm through Joseph Muzzey's farm, which 
they did. 

Judgment in this action for plaintiff. 

Jeremy Jewett's bill of cost, Hi. lis. 8d. 

Nehemiah Jewet and Joseph Carlton certified that the 
following writing Jewet read at West's house and delivered it 
to West's wife: '* Neighbour Tweford West It was but Yesterday 
& not before that (euer I doe remember) you propounded to 
me to purchas a way of me to your land, for selling a way to it 
I am unwilling, for I know not, where I shall haue occasion 
my selfe to come out into the road, but to suffer you to em- 
proue a way upon reasonable terms, I am willing prouided 
you doe putt up my Bars or railes, as you pass to and fro, & 
not impound my creatures, when taken in damage till you 
informe me, that so I may haue them upon reasonable satis- 
faction, as the law provides, I shall for this yeare be willing 
iron shall pass ouer my land to your ground, where you haue 
ate yeares past, for two shillings & if that be too much in 
your judgment, I shall be willing to leaue it to indifferent 
men, to sett a price. These are my present terms: and for 
what is due for the improuement of the way for time past 
I doe expect that you will giue me satisfaction. 
''Ips the 19 of y^ 5, 1679 by me Jeremy Jewet." 

Robert Lord, sr., deposed that where the way was laid for 
Mark Symonds through Muzzey's farm was land of John 
Gage's, between the country highway and said Muzzey's 
farm. John Pickard and Nehemiah Jewet affirmed the same. 

John Pickard, sr., testified that the fence that Jeremy 
Jewet had made upon Muzzey's farm, with respect to the 
way deponent purchased of Marke Symonds, deponent ap- 
proved. 

Robert Lord, sr., deposed that when he was marshal in 
1651 he served an execution for John Bradstreet on the eastern 
end of Mussey's farm, etc. 

* Autograph 



34 SALEM QUAKTERLY COURT [NoV. 

Copy of deed, dated Sept. 16, 1658, given by Mark Symonds 
of Ipswich, for 501i., to John Pickard of Rowley, meadow and 
upland on the north side of the North river commonly called 
Egypt river at the end of his farm, formerly sold to John 
Cross, containing seven acres, with half an acre which he 
bought of Robert Lord, bounded by land of Twiford West 
on the southwest, the river on the southeast, other land of 
said Pickard on the northeast, and the other part of the farm 
formerly sold to John Cross on the northwest. Wit: Robert 
Lord, sr., and Robert Lord, jr. Sworn, May 4, 1680, before 
Daniel Denison. Recorded, June 9, 1680, book 4, page 340, 
by Robert Lord, recorder. 

Nehemiah Jewet and Excercise Jewet, his wife, deposed 
that when their brother Jeremy Jewet was gone to the south- 
ward, they looked after their brother's business and Twiford 
West asked where he should go through to his ground at the 
old house. They told him that he might, for the present, 
make a pair of draw bars, next his own land where he dwells 
and pass through, provided he took care to keep them well 
up. This was about six years ago, when Bozoone Allen was 
43uing his brother, Jeremy Jewet. 

Joseph Muzzey, aged about fifty years, deposed that about 
thirty-six years ago, in his father's lifetime, there was a high- 
way through his farm, beginning at Gage's pond, which was 
for Marke Symonds and the neighbors adjoining to pass to 
their land, and ending at a red oak, which was a bound tree 
•of the farm and a north corner of the land now in possession 
of Twiford West, but now cut down. This highway was 
bounded all along on the northwest side of the land now in 
possession of West. He made half the fence by agreement 
with West, etc. 

Joseph Chapply, aged thirty-four years, deposed that 
West had used this way for twenty years, etc. Sworn, Nov. 5, 
1680, before Daniel Denison. 

Benjamin Muzzey, aged about forty-six years, deposed that 
about thirty-six years ago the neighbors and his father had a 
difference about passing through his father's farm at Egypt 
river, etc. Sworn, 8:8: 1680, before William Browne, assist- 
ant. 

John Pickard, sr., and Exercise Jewet deposed that when 
Boozone Allen was serving an execution upon Jewet's farm, 
West desired said Allen and Lt. Way, his attorney, to settle 
a way through the farm, etc. Sworn, Nov. 5, 1680, before 

Daniel Denison. 

John Jewet, aged about forty-three years, testified that 
West tendered a rug and a horse to Jewet, but he said he 
would have silver, etc. Jeremy Jewet, aged seventeen years, 
deposed. Sworn, Nov. 5, 1680, before Daniel Denison. 



1680] RECORDS AND FILES 35 

Capt. Nicholas Page, assignee of Thomas Woodbridg v. 
George Carr, sr., and James Can*. Verdict for defendants.* 

Robert Lord, marshal, aged about forty-eight years, testi- 
fied that about thirty years ago, he mowed and carted hay 
for Marke Symonds, and going there from the country road 
leading to Rowley, which was used by Symonds and old father 
Cross, Goodman Bradstreet and others, etc. Sworn, Nov. 6, 
1680, before Daniel Denison. 

John Jewet, aged about forty-three years, deposed that 
about eighteen years ago there was only one pair of draw 
bars there, and they were near his barn, and West told him 
the way was so bad on account of the hill that he could not 
use it, but Jewet would not let him use any other way, etc. 
Deponent had heard his cousin, Jeremy Jewet, etc. Sworn, 
Nov. 5, 1680, before Daniel Denison. 

Richard Shatswel, aged about fifty years, deposed that 
Jewet stopped West from passing, etc. Sworn, Nov. 5, 1680, 
before Daniel Denison. 

John Pickard, sr., and Daniel Wicom testified that they 
told Jeremy Jewet that if they needed a way as much as 
West did, they would be willing to pay ten pounds for it, 
and if they lived where said Jewet does, they would rather 
give him 40s. not to improve it than take his ten pounds. 
Therefore they judged the way to be worth lOli., etc. 

Richard Homes, aged seventy years, and his wife, Alice, 
deposed that he had a piece of this farm about thirty years 
ago and used the highway, etc. 

Robert Lord, marshal, deposed that he and his father found 
the way stopped by cross fences and corn planted about two 
months ago. 

Abraham Jewet and Nehemiah Jewet deposed. 

Moses Pengry, aged about seventy years, deposed that he 
appraised land here in 1651, etc. 

Nehemiah Jewet and Jeremy Jewet deposed. 

John Clarke and John Jewet deposed that they went with 
West to see how cousin Jeremy Jewet had blocked up the 
way by laying great stones, etc. 

Haniel Bosworth and Richard Shatswel, aged fifty years, 
deposed that the damage to West by hogs in his oats was 
lis., damage to hay, 17s., and as for the apples and other 
fruit, they had not yet determined. Sworn, Oct. 26, 1680, 
before Daniel Denison. 

*Writ: Capt. Nicholas Page of Boston, assignee of Tho. 
Woodbridge of Newberry v. George Carre, sr., and James 
Carre, both of Salisbury; for refusing to deliver the ketch 
bought by said Woodbridge, which was on the stocks in April, 



36 SALEM QUARTERLY COURT [NoV. 

1678, although they had received llOli. as part payment; 
dated Oct. 26, 1680; signed by Robert Lord,* for the court 
and town of Ipswich; and served by John Stevens,* constable 
of Salisbury, by attachment of the hull of a ketch lying at 
the island of Mr. George Carre, sr., and James Carr. 

Receipt, dated Apr. 6, 1678, given by James Carr* to Tho. 
Woodbridge, for llOli., due from James Frees to said Wood- 
bridge. Acknowledged, Apr. 6, 1678, before Jo. Woodbridge,* 
commissioner. Tho. Woodbridge* assigned this bill, on 
Mar. 27, 1680, to Capt. Nicho. Page. Wit: Ant. Checkley* 
and Jno. Pynchon, jr.* Acknowledged, Mar. 27, 1680, before 
Simon Bradstreet,* Governor. 

Hen. Wheeler, aged about forty-three years, deposed that 
being at Mr. George Care's house about six weeks ago, with 
Mr. Tho. Woodbridge and Mr. Isaac Burton, said Carr said 
he would carry on the ketch according to agreement, etc. 
Georg Carr, jr., testified to the same. Sworn, 2 : 10 : 1678, 
before Samll. Dal ton,* commissioner. 

Agreement, dated Apr. 6, 1678, between George Carr, sr., 
of Salisbury, shipwright, and Tho. Woodbridgf of Nub^ry, 
merchant, by which said Carr was to fit the ketch now on the 
stocks of 54 tons, with all ship carpenter's work to a cleat 
for sea, a boat only excepted, to be launched by May 20, 
for which Woodbridge was to pay 501i. in money by Apr. 14, 
at Carr's dwelling house in Salisbury, and assign to Carr a 
bill of llOli. due from James Freeze of Amsbery; also Wood- 
bridge was to pay five hundred weight of okum and ten bar- 
rels of tar to be delivered at Farmer Peirce's malt house in 
Nubery, also 1 M white pine plank full two inches sawed, 
and to pay 501i. more the day before launching, also to pay 
for all nails and iron work already spent about the ketch and 
to furnish more as needed; Woodbridge was to forfeit the 
okum and tar and Freeze's bill of non-performance of his 
part of the agreement. James Carre was also a partner 
with George Carre. Wit: George Carr, jr.,* and James 
Freeses.* Sworn, Nov. 23, 1680, before Nath. Saltonstall,* 
assistant. 

On July 16, 1679, James, son of George Carr, protested 
before Robert Howard,* sole notary public of Massachusetts, 
by authority of the General Court, that Thomas Woodbridge 
had not paid the 501i. in money, nor for any of the iron work, 
nails, okum, tar or plank. Recorded in book 5, page 284, 
of the Notarial records. Howard appointed Jonathan Wood- 
man, Edmond Marshall and James Freese, as his deputies, 
to read this protest to said Woodbridge. 

James Carr's bill of cost, 31i. 2s. 

Jonathan Woodman of Newbury, aged about thirty years, 

* Aiitof^'aph. t Autograph and seal. 



1680] RECORDS AND FILES 37 

Major Thomas Savage v. Samuell Apleton of Linn. Re- 
view. Nonsuited.* 

deposed that being at Hewe March's house in Newbury in 
Oct., 1678, James Carr told Capt. Page that he had business 
only with Mr. Woodbridg about the ketch, but Page replied 
that he had to do with him. Carr said if that was so, if Page 
would provide the means, all hands would go to work and 
get the ship launched, etc. Sworn, Jan. 30, 1678, before 
John Woodbridge,t commissioner. 

Giles Young, aged about forty-nine years, testified that 
being at Mr. George Carr's house at Salisbury, Mr. Isaac 
Barton offered said Carr 801i. in money, if he would promise 
when he would launch the ship and deliver her to him. Sworn, 
Oct. 25, 1678, before Jo. Woodbridge,t commissioner, 

Mr. George Carre, jr., aged about thirty-six years, and 
James Freezes, aged about thirty-eight years, deposed that 
they received some okum, but no tar. Sworn, July 12, 1679, 
before Jo. Woodbridge,t commissioner. 

Thomas Hunt deposed that he saw Thomas Baker have a 
bill from Mr. Woodbridge to Mr. Page to pay him 161i., 61i. 
in money and lOli. in iron, for iron work on the ketch, but 
Page put the order in his pocket and said he would speak with 
Woodbridge. Thomas Baker deposed that he never received 
anything. Sworn at Boston, Nov. 8, 1680, before Elisha 
Hutchinson,t commissioner. 

Samuell Sawyer, aged about twenty-nine years, deposed 
that he was in Hugh March's house when Paige told Carr 
that "his knavery in this case should be one fourty or fifty 
pounds out of his way with m' Allen about his shipp & said 
he would do his businesse for him with Mr. Allen." Sworn, 
Feb. 6, 1678, before Jo. Woodbridge,t commissioner. 

Edmon Marsiall and Jonathan Woodman, both of Neubury, 
aged about thirty-two years, deposed as to reading the protest 
to Thomas Woodbridge. Sworn, Nov. 23, 1680, before Nath. 
Saltonstall,t assistant. 

Thomas Freame, aged about thirty years, and John Hoitt, 
jr., aged about forty years, deposed. Sworn, Nov. 23, 1680, 
before Nath. Saltonstall,t assistant. 

Jno. Curwin,t Wm. Browne, jr., and Jno. Price,t arbitra- 
tors, reported on Dec. 24, 1679, that Thomas Woodbridge should 
pay to Capt. Nicholas Paige of Boston, within six months, 
57411. 9s. or make over to said Page his interest in the ketch, 
also his plantation in Barbadoes, with his mother White's 
interest therein, etc. Sworn, 30 : 4 : 1680, in Salem court. 

* Writ : Thomas Savage v. Samuel Appleton of Lynn; 
review of an action tried at Salem court, June, 1678, for with- 

t Autograph. 



38 SALEM QUARTERLY COURT [Nov. 

holding possession of the Iron works at Lynn, and at the 
Court of Assistants in Sept., 1678, with judgment against 
Appleton, but being brought to a trial by attaint, and thence 
to the General Court, judgment was given against Savage; 
dated Nov. 18, 1680; signed by Nat. Barnes,* for the court 
and town of Boston; and served by Jacob Knight,* constable 
of Lynn, by attachment of two oxen, a black and a brown 
or red ox, English corn or grain in the old barn, called old 
Dexter's barn, belonging to defendant, and left all in the 
custody of Oliver Purchis. 

"At old Ironworks this 3** 7*^ ber 1678. "Majo' Sauage: 
gr yQra j^y yQr gQjj bearing date y® 30*^ of August 78 I Rec from 
his hands this 3^ of Sep. had I Rec it as he came I should 
haue applyed my selfe to haue giuen you y* particulars of all 
but it being y* day y* Court of Assistants is to sit & about 
one of y^ clock before I saw him, I must bee more breife, &c. 
But first I would signifie to you that Joseph Armitage came 
to mee as a messenger from yo' selfe by word of mouth to 
signifie yo' desire in p* though not soe fully as yo' \^Titing by 
yo' son, but I applyed my selfe soe farr to answer it as to 
deliuer him y* acco'^ of Barr Iron y* I had deliuered first for 
m' W™ Paynes use & secondly for m' Jno. Paynes use in the 
very paper y* I had written for my testimony at Salem & wrote 
& dd. to Joseph also a short note to yo' selfe to signifie my 
willingnes on his message how true I knew not much more 
had I had a word from yo' hand, y* I know & respect soe 
well the day y* he came & I wrote on y* same & is dated & 
I doubt not but he will if he hath not already dd. you declares 
y* date when hee then told mee you were to come to Lynn, 
on y* 5* of y* weeke past & then s' & each day after I expected 
to see you at Lynn but my expectation failed, but in y* paper 
I haue giuen you an acco' of the Barr Iron y* both m' payns 
had of mee: & now S' for Hollow ware w*'h you desire in 
yo" according to my short tyme, I haue looked into y* acco* 
A doe find y* m' W™ Payne had: 14 Ton 14 C 1 qr. 201i. of 
Hollow ware: besides Rod Iron & other Cast Iron &c as 
waights & backs & boxes & w* else & all wrought ware, of 
these I haue not tyme to giue you an ace* at this p'sent & y' 
desire is only Hollow ware. M' Jn** Payne had Barr Iron 
as I wrote in my paper y* Joseph Armitage had w*** will describe 
to you y* quantity. Now for Hollow ware according to yo' 
p'sent desire I find y* he had dd. for his use, 7 Ton 9 C 141i. 
besides all other Cast Iron: in their seuerall kinds & wrought 
ware also, y* full whereof with respect to both m' paynes 
I haue not tyme at p'sent to perform. And S' whereas I 
haue written m' W"* paynes Barr Iron 121 Ton I find this day 
as ouerleapt in one booke 12 Ton so hee had of mee 133 Ton 

* Autograph. 



1680] RECORDS AND FILES 39 

of Bar Iron: And whereas you desire mee to send you word 
w' m' Webb or m' Payne charged mee not to deliuer of 3^* 
effects to you S' I answer & must swear if called thereto y* 
m' Hutchinson & m' Webb at my first comming hitherto: 
not to send any effects to you but as I might trade with you 
as with another man noe Owner & soe I did until m' William 
Payne purchased: And after he purchased by m' Hutchinsons 
Information of him: m' Payne & Capt. Hutchinson together 
ordered mee not to send of y* effects to you for one yeers 
tyme after his purchase, then you required yo' fourth part 
& so m' payne agreed thereto. Thus S' I haue applyed my 
selfe to answer yo' desire as neere as I can in soe little a por- 
tion of tyme, begging pardon y* it is not better done & more 
handsomely accommodated with paper; as is becommeth 
mee to you S' but it is more large & tedious then I expected 
w*" I put my pen to paper & therefore for hast I bed yo' pardon 
& rest. Only desiring y* Justice & Righteousnes may take 
place & for yt end in my poore measure S' I am yo" assuredly 
to serue you to my poore but utmost Capacity in truth 

'^OliuerPurchis."* 

Summons, dated Nov. 18, 1680, for the appearance of 
Samll. Apelton of Line, signed by John Fuller,* for the court 
and town of Lyn. 

Oliver Purchis,* aged about sixty-four years, testified that 
Mr. William Payne, merchant in Boston, deceased, became 
an owner in Feb., 1657, when the forge and furnace were in 
a run down condition. There was a good stock of sows and 
Payne received in 1658, 77 Ton 9 C bar iron while Major Thomas 
Savage had but 28 C 1 qr. 201i. Deponent was ordered by 
Payne and Mr. Hutchinson not to send to Savage because 
he had received more than his part. Payne died in 1660, 
having received 131 Ton 13 C 1 qr. 81i., and afterward his 
son Mr. John Payne had his father's right and from that 
time to 1665 received 110 Ton 1 C 3 qr. 16 li. of bar iron. 
But his estate failing, the Iron works went to ruin, which 
deponent, as agent, repaired, and became much indebted 
which he always judged Payne's estate should have paid. 
The works depreciated daily and Mr. Jno. Payne was not 
able to supply or repair nor to pay him his salary. The 
works as they now are are of no great value. Sworn in court. 

Oliver Purchis, aged about sixty-four years, testified that 
he was clerk of the old Ironworks at Lyn when Capt. Edward 
Hutchinson, now deceased, was agent for Mr. Webb, Mr. 
Ting, Mr. Sheafe, Major Savage, &c., before Mr. Wm. Payne 
owned any part of it, and all the sow iron and coals that were 
made before deponent went there were worked up and sent 
to Boston to Capt. Hutchinson, etc. Sworn in .court. 

* Autograph. 



40 SALEM QUARTERLY COURT [NoV. 

Mr. John GifiEord v. Thomas Walter and Richard Midlecutt, 
attorneys or agents of John Wright, John Williams, Katheren 
Eaten, John Dodswoorth. Review. Plaintiff, being in prison, 
was nonsuited.* 

George Carr, sr., and James Carr v. Capt. Nicholas Page, 
assignee of Mr. Thomas Woodbridge. Replevin. Nonsuited. 
Appealed, with John Hoare and Thomas Putnam, jr., as 
sureties, t 

John March v. Thomas Frame. Debt. Verdict for plain- 
tiff, 4,000 red oak hogshead staves, t 

The town of Linn or their attorney v. Clement Coldum and 
Benjamin Redknap, constables. Nonsuited.§ 

•Writ, dated Boston, Nov. 23, 1680, signed by Nat. Barnes, 1[ 
for the court and town of Boston, and served by Joseph Bridg- 
ha[m],^ constable of Boston. Bond of Thomas Walter^ 
and Joseph Webb.1[ 

tWrit of replevin, dated Oct. 30, 1680, signed by Robert 
Lord, If for the court and town of Ipswich, and served by 
Phillip Fouler, 1[ deputy for Robert Lord, If marshal, by attach- 
ment of a ketch. Bond of George Carr, if James Carr, If Waltor 
Taylor If and Richard Goodwin. If Wit: Anthony Somerbylf 
and Phillip Fouler. If 

James Carr's bill of cost, 21i. 6s. 

Letter of attorney, dated Nov. 27, 1680, given by George 
Carr, sr.,|| of Salisbury, shipwright, to his son, James Carr of 
Salisbury, shipwright. Wit: James Freesesif and Richard 
Carr. If Sworn, Nov. 27, 1680, before Daniel Denison.lf 

tWrit, dated Nov. 12, 1680, signed by Anthony Somerby, If 
for the court and clerk of Newbury, and served by Sammuell 
Foot, If constable of Amesbury. 

John March's bill of cost, lli. 19s. 9d. 

Bond, dated July 14, 1680, given by Thomas Freamelf 
of Amesbury to John March of Newbury, for 4,000 red oak 
hogshead staves, to be delivered at some convenient landing 
place below Hoolt's rocks on Merymack river side. Wit: 
Hugh March, 8r.,1f and Hugh March, jr. If Sworn, Nov. 29, 
1680, before Daniel Denison.lf 

§Writ, dated Nov. 19, 1679, for not giving account of 
several rates delivered to them to collect, signed by John 
Fuller, If for the court and town of Lyn, and served by Samll. 
Cobbet,1f constable of Lynn, by attachment of the dwelling 
houses and lands of defendants. 

Clement Coldom's and Benjamin Rednap's bill of cost. 

% Autograph. || Autograph and seal. 



1680] RECORDS AND FILES 41 

John EUetrap v. Andrew Tucker, sr. Verdict for plaintiff.'^ 
Mr. Daniell Epps and Mr. Harlackendine Symonds, ad- 
ministrators of the estate of Mr. Samuell Symonds v. Mr. 
Jonathan Wade and Mrs. Mary Symonds, administrators of 
the estate of Mr. William Symonds. Withdrawn.f 

Mr. Harlackendine Symonds v. Mr. Jonathan Wade and 
Mrs. Mary Symonds, administrators of the estate of Mr. 
William Symonds. Withdrawn. t 

Letter of attorney, dated Lyn, 29 : 9 : 1680, given by Thomas 
Laughton,§ Thomas Farrer,§ Henery Sillsbey,§ Francis Bur- 
rill,! Robert Potter§ and Samuell Jonson,§ selectmen of Lyn, 
to Sergt. Andrew Mansfeild. 

*Writ: John EUathorpe v. Andrew Tucker, sr.; for with- 
holding a debt due for a yoke of cattle; dated 20 : 9 : 1680; 
signed by Hilliard Veren,§ for the court and town of Salem; 
and served by William Beall,§ deputy for Henry Skerry,§ 
marshal of Salem. 

John Elithrop's bill of cost, 31i. 5s. 6d. 

Receipt, dated Sept. 25, 1680, given by John Elethorp§ to Mr. 
Andro Toker and John Pedrek, for 10s. in earnest for a yoke of 
oxen to be delivered yoked, being the same cattle which he bought 
of Philep Fouler. Wit: John Stasey§ and Joseph Emons.§ 

Humphery Deverix, aged about twenty-five years, deposed 
that he was desired by Andrew Tooker of Marblehed, when 
the Ipswich comrt was in session, to go to Philep Fowler's 
house to see the cattle. Tooker wished Eletroop to deliver 
them by the horn, but he refused. Sworn, Nov. 29, 1680, 
before Bartho Gedney,§ assistant. 

Nathaniell Peese deposed. Sworn in court. 

John Stesey testified. Sworn in court. 

Nathaniell Roper, aged about twenty-seven years, deposed. 
Sworn, Nov. 30, 1680, before Daniel Denison.§ 

Thomas Wells deposed. Sworn in court. 

John Knight deposed that Tucker owned he was to pay 
61i. for the oxen. Sworn in court. 

Phillip Fouler, aged about thirty-three years, testified that 
at Tucker's request he took the near steer by the horn, and 
said "mister toucker her is your catell, tack them," but Tucker 
said he would not meddle with them. Sworn in court. 

fWrit, dated Nov. 24, 1680, for refusing to give an account, 
signed by Robert Lord,§ for the court and town of Ipswich, 
and served by Robert Lord,§ marshal, by attachment of two 
cows, five sheep and two calves. 

JWrit, dated Nov. 24, 1680, for William Symonds not 

§ Autograph 



42 SALEM QUARTERLY COURT [Nov. 

* • 

Nicholas Manning v. John Browne, sr., and Hen. Bar- 
tholomew, merchant, overseers and feoffees in trust for the 
children of Robert Gray, late deceased. Review. Non- 
suited.* 

Nicholas Manning v. Joseph Plumer, sr. Nonsuited. t 
Peeter Edgerton acknowledged judgment to Mr. Daniell 
Davison, t 

Jonathan Gatchell v. John Best. Verdict for defendant.! 

■" — ^-^ 

paying him a legacy from his father, Mr. Samuel Symonds, 
in building for him the fourth part of a sawmill at Lamperele 
river, on account of a debt of about 651i. which William owed 
said Samuel, signed by Robert Lord, If for the court and town 
of Ipswich, and served by Robert Lord, If marshal, by attach- 
ment of two cows and five sheep. 

*Writ, dated 23 : 9 : 1680, signed by Hilliard Veren,1f for 
the court and town of Salem, and served by Tho. Ives, If con- 
stable of Salem, by attachment of the house and land of said 
Browne and land of Bartholmew. 

Henry Bartholmew's bill of cost, 12s. 

tWrit: Capt. Nicholas Manning v. Joseph Plumer, sr., of 
Newbery; for non-payment of 121i., to be paid in pork and 
corn, due for a servant sold him; dated 23 : 9 : 1680; signed 
by Hilliard Veren,1f for the court and town of Salem; and 
served by Robert Lord, If deputy marshal, by attachment 
of the house and land of defendant. 

Joseph Plumer's bill of cost, 10s. 

JBond, dated July 28, 1680, given by Peter Edgerton If of 
Boston, brewer, to Mr. Daniell Davison of Newberry, mer- 
chant, for 181i., in payment for 120 bushels of malt received 
of Mr. Daniell Lunt in March, 1679. Wit: John Jacob If and 
Stephen Greenlef.lf 

§Writ: Jonathan Gatchell v. John Best; for imprisoning 
him on an execution, although he tendered goods; dated 
24 : 9 : 1680; signed by Hilliard Veren,^ for the court and 
town of Salem; and served by Henry Skerry,^ marshal of 
Salem, by attachment of land. 

John Beast's bill of cost, 15s. 6d. 

Henry Skerry, marshal, and Moses Devrell testified con- 
cerning serving the execution, and that he attached a little 
old house, etc. Sworn, 26 : 9 : 1680, before Edm. Batter, f 
commissioner in Salem. 

Benjemin Felton, prison-keeper in Salem, testified that 
Best put Gatchell in prison and ordered him to keep him 
until 16s. in money was paid. Sworn in court. 

T Autograph. 



1680] RECORDS AND FILES 43 

Anthony Needham was fined for not prosecuting his appeal 
from the commissioners' court at Salem. 

John Keene was fined for not prosecuting his appeal from 
the commissioners' court at Salem. 

John Woolcot was fined for not prosecuting his appeal 
from the County court to the Court of Assistants. 

Phillip Greely was fined for not prosecuting his appeal 
from Wm. Browne, Esq. 

Court understanding that lOli. was still due to Mrs. Brad- 
street, late relict and executrix of Capt. Joseph Gardner, 
deceased, as the remainder of what was due for court expenses, 
the marshal was ordered to pay it. 

Benjamin KimboU of Bradford was licensed to keep a public 
house of entertainment for strangers and other necessary 
uses, and to draw beer and cider. 

Peeter AUexander and Sarah Roberts were fined for com- 
mitting fornication. 

Leift. Paule Thornedike, Joseph Dodg, John Balch, Mr. 
Daniell Epps, jr., and Robert Fuller took the freeman's oath. 

Ann Neale, administratrix of the estate of John Neale, the 
younger, deceased, her late husband, brought in an inventory* 
amounting to 1801i. 8s. Court ordered that the estate remain 
in the widow's hands for her use and the bringing up of the 
four children, as follows: to John, the eldest son, 401i., and 
to Thomas, Joseph and Rebecka, 201i. each at age or marriage; 
the remainder was for the widow. The land was given as 
security for the payment of the children's portions and the 
two bondsmen, Jeremiah Neale and Andrew Mansfeild, were 
released. 

Ensign John Legg testified that he went with the marshal, etc. 
Lt. Richard Norman testified to the same. Sworn in court. 

Samuel Gatchell, aged about forty years, deposed that he 
saw Jonathan tender a house which was worth double the 
execution, which he built and used as a shop for his business. 
Sworn, Dec. 2, 1680, before Edm. Batter,t commissioner in 
Salem. 

Joseph Gatchell testified that the house was about thirteen 
feet long, with a leanto behind the house joined to it, and 
was properly built and groundselled. Sworn in court. 

*Inventory of the estate of John Neale of Salem who de- 

t Autograph. 



44 SALEM QUARTERLY COURT [NoV« 

Richard Starr and Susanna Starr, children of Robert Starr, 
were to have their father's house and ground formerly given 
them by a writing, equally divided between them, and court 
declared that they ought to have present possession. 

Capt. Shuball Walker, one of the selectmen of Bradford, 

parted this life Nov. 11, 1679, taken Nov. 24, 1679, by John 
Pickering* and John Norman:* one Fether Bed, Boulster, 
Bedstead & Curtains, 51i. 5s.; two Rugs, Two Blanckets, 
Hi. 14s.; one Trundle Bedstead, two Blanckets, one Rugg, 
lU. 12s.; Flock Bed, Boulster, 2 Blanckitts & one Rug, 21i. 
10s.; 3 pare of sheets, one single sheet, 35s., 2 pr. of trundle- 
bed sheets, 12s., 2 Blanckitts, 12s., 9 Napkins, 2 table Cloaths, 
2 pillowbears, 10s., 31i. 9s.; one ould pine chest & two Boxes, 
5s.; wearing Apparrill, 50s., one Box, 3s., 21i. 13s.; one Smooth- 
ing Iron & heats, 2s.; Bookes, 5s., puter <& earthen ware, 6s., 
13s. ; a pare of compasses, a Rule, a Gimblet, Is. 6d. ; Rapier, 
10s., Brass kettle & 3 Iron pots, 30s., 21i.; frying pan, chaffin 
dish, skellet, Churne, pails & Lumber, 15s.; Cradle, cheares, 
table, fire shovell & a pare of toungs, 16s.; dripping pan, 
candlestick, spoones & tynn wares, 3s.; Looking Glass, shooe 
Lether & shooe nailes, 10s.; Beife in the powdering Tub, 20s., 
corne, 40s., 31i.; 2 mares, 31i. 10s., 2 oxen, 61i. 10s., 2 Cowes, 
41i;, 141i. A parcell of Land caled Tucks feild, in estimation 
4 Acres or neare uppon, which is his at his mothers death, 
701i.; ten acres called Harburds lott, 301i.; His pte of the 
swamp caled Adams swampe, 51i.; An ould Cart & wheels & 
a sett of hoops & boxes for cart wheels, a pare of Boxes for 
one wheele & a slead, 21i.; An Axe, Ads, Mall, two Augurs, 
16s.; 6 Ring boults, 5 set Boults, a caucking iron or two, 12s,; 
Haye in the Barne, 91i., Tallo, 5s., 91i. 5s.; 15 swine & a wheele, 
81i. 8s., one eight part of the sloope John & Marye, as monye, 
341i. 15s. lOd.; one Iron Kettle, 4s., pare of fetters & locks, 
5s., ould Iron, 9s., 18s.; due to him as a Legacye to bee paid 
him by his Brother Johnathan Neale, by his Grandfather 
Francis Law's will, within foure years after his mother's 
death, as appears by sd. will, 201i.; total, 22111. lOd. The 
estate is Debtor, 521i. 10s., 181i. of it being to be pd as monye; 
more debts, 51i. 4s.; the estate is Debtor in monyes, llli.; 
total, 671i. 14s. Due to the estate as monye, 271i. Is. 3d.; 
making total estate, 24811. 3s. Id., with debts 671i. 14s. sub- 
tracted, leaves a free estate of 18011. 8s. 8d. To the eldest 
son John, 401i., to Thomas, Joseph and Rebecka, 201i. each, 
the rest of the estate to the widow. 
Ann Neale's* petition. 

* Autograph. 



1680] RECOBBS AND FILES 45 

presented a writing to the court in behalf of the town under 
the hands of the selectmen of Ipswich, informing the court 
that Mr. Tho. Smith and his wife of Ipswich had come into 
their town contrary to order, and having warned the persons 
who entertained them not to do it, likewise to said Smith 
to depart, yet they abide in the town still and liable to be a 
charge to the said town, court ordered that the caution be 
entered.* 

Complaint being made by the selectmen of Newbery that 
there are several persons come into town who are not in- 
habitants, and who continue to reside there although warned, 
court ordered the caution to be entered. t 

Mary Pearce chose Samuell Pearce, her brother, to be her 
guardian, which the court allowed. 

Samuell Pearce was appointed administrator of the estate 
of Robert Pearce, deceased, and was ordered to bring in an 
inventory to the next Ipswich court. 

The petition of Mrs. Elizabeth Endecott that her son John 
be joint administrator with her upon the estate of Mr. Antipas 
Newman, her late husband, was granted and her son John 
was not to act except by advice of Mr. Richard Wharton or 
Mr. Daniell Epps, sr.J 

*Petition of the selectmen of Bradford, Shu. Walker, § John 
Simmons,§ Joseph Baly,§ Joseph Palmar§ and William Huch- 
ence§ that they be returned to Ipswich. 

fComplaint of Daniell Peirc,§ Richard Dummer,§ Anthony 
Somerby§ and Peter Cheney,§ selectmen of Newbury, against 
Timothy Collins and his wife, "who impose themselves upon 
us, & notwithstanding due warning given unto them & the 
sayd Collins hath sufficient livelyhood of his owne about 
black point for his maintenance, yett they will not take notice 
of it but continue to abide in the towne contrary to our liking.'' 
William Smith had also been ordered to depart, and they 
ask that they "might not be burdened with so undesirable a 
person." 

^Petition of Elizabeth (her mark) Endicott: that she found 
herself incapable of managing so great a business as the 
administration upon the estate of her late husband, Mr. 
Antipas Newman, of Wenham, and asked to have her eldest 
son John Newman, who was then of age, joint administra- 
tor, etc. 

f Autograph. 



46 SALEM QUARTERLY COURT [NoV. 

It was ordered that a warrant be issued for the apprehension 
of Davis of Linn.* 

Thomas Kusselli .complaining against Robt. Sweate for 
striking and abusing him, was bound to the court for prosecu- 
tion against him. 

Richard Flinder, Walter Whitford, Joseph Williams, Jon- 
athan Pickering, Symond Booth, Ephraim Kempton, Samll. 
Verye [and John Lambert, sr. — Waste Book.] were sworn 
tythingmen for Salem. 

John Johnson acknowledged judgment to Mr. Jonathan 
Corwin to be paid in pine boards at Salem or Boston. 

Patience, relict and administratrix of Isaack Goodell, de- 
ceased, moved for a settlement of her husband's estate, in- 
forming the court that much of the estate is spent since the 
inventory was brought, 27 : 9 : 1679, into the Salem court. 
Court, understanding that there were five children, ordered 
that the eldest son should have 121i. and the others 61i. each 
at age or marriage, and the rest of the estate was to be for 
the sole use of the widow and bringing up of the children, 
the land to be security for the children's portions. 

John King, presented for retailing strongwater contrary 
to law, and, confessing, was fined. Court ordered that if he 
paid down 50s. in money, the other 50s. would be respitted, 
and he was given liberty to retail what liquor there was in 
his house, which was about one barrel.f 



*John Davis of Linn, for uncivil carriages to his neighbor's 
wife, Sarah Linsey, wife of Eleazer Linsey, in the evening 
when her husband was out of town, so that she was obliged 
to call her brother Hugh Alley to get him out. Then he came 
again, there being no lock on the outer door, but she fastened 
herself in to her bedroom. Wit: Sarah Linsey and Hugh 
Alley. The wife of said Davis was presented for breaking her 
husband's head with a quart pot and otherwise abusing him. 

tSalem presentment. Hugh Jones, John Home and one of 
John Small's servants, either William Wakfield or Anthony 
Carell, owned that they bought liquor there and paid for it. 

John King's petition: that three years ago, he had the 
approbation of forty or fifty of the neighborhood to sell liquor 
by retail, as Mr. Thomas Gardiner, sr., formerly had, and 
supposed he was at liberty to supply the neighborhood in their 
necessity, etc. 



1680] RECORDS AND FILES 47 

Court ordered the County Treasurer to pay Thomas Thurlo 
151i. for his charges about the bridge at Newbury, and if this 
was not satisfactory, that he might appeal to the next Ipswich 
court.* 

Mr. Gedney, Mrs. EUenor HoUingworth, Mr. Ridan and 
Capt. Marshall had their licenses renewed. 

Abigaile Sibley, for fornication with Thomas Cooper, was 
sentenced to be severely whipped or pay a fine.f 

John Mashoone dying intestate, William Shaw and John 
Mason were appointed administrators of the estate, and 
brought in an inventory, t 

Timothy Day, for fornication before marriage with Phebe, 
his now wife, was fined. His wife, not appearing, was ordered 
to appear at the next Ipswich court. 

*Anthony Somerby, § town clerk of Newbury, certified 
that the town had paid for repairing the bridge over Newbury 
river in 1678, to John Hale, Hi. 4s., to John Noyes, 18s., and 
to PVancis Tharley, Hi. 5s. 

tSalem presentment. 

{Inventory of the estate of John Mashon, taken by Thomas 
Flint§ and John Cooke :§ one bead, ruge and two Blankets, 
15s.; two shurts, 6s.; Remnant of Cloth, wastcoat and two 
necloths, 3s.; two necloths, a cape, strip of Cloth and a pair 
of draws, Is.; A looking glass, 3s.; fouer axes, one hatchett, 
15s. ; fouer wedges and a pair of betell rings, 6s. ; one handsaw. 
Is.; a smale Case, 2 sisers & Rasior, 4s.; glase bottle & thre 
dusen of haire bitons. Hi.; a peise of a fishing Line, a paire 
ould stoking & a pair of shears, 2s. 6d.; a hundred of hobnails, 
3d.; hammer, pincher & gimlet, 2s. 6d.; cloves, mace & 
paper. Is.; pair of brase Compasses, Is.; horse furniture, 8s.; 
a leather bage and bread, 7s.; cheast and Runlete, 5s.; ould 
thread bare Cloak, 2s.; total, 41i. 4s. 9d. 

William Shaw's charges about the business of John Meecham, 
deceased: to Richard Croade, as per his note, 9s.; 1 qrt. of 
rum, Is.; Hugh Joanes, for his time about said Meecham's 
business, 5s.; bringing down ye pay to Salem, Is.; to a wind- 
ing sheete, 10s.; to John Baxter for 6 foote of wood p sd 
meechams order, 6s. ; to my Tyme & paines about ye sd 
occasion, 5s.; total, lli. 17s. 

On 12 : 7 : 1680, William Shaw, Dr. to Ric. Croade§ for 
expense on the jury that sat upon John Meechan's case and 
other charges at Croad's house, 9s. 

lAutograph. 



48 SALEM QUARTERLT COURT [NoV. 

Court allowed constable Ives for charge about the Maning's, 
58., and 28. for a man impressed to go over the ferry. John 
Home, as tithingman, was allowed costs in witnessing against 
John King. 

To the servants of the house, 12s. 

Anstis Maning, widow, and Jacob Maning, gunsmith^ 
were bound for the appearance of said Anstis's daughters^ 
Anstis Maning and Margerett Palfree, either at the next 
Ipswich court or the Court of Assistants, upon suspicion of 
the crime of incest, in which their brother Nicholas Maning was 
involved.* 

Court ordered that some meet person be appointed to 
divide the land in the inventory of William Flint, deceased, 
for the peace of all concerned. 

John Legg, Richard Knott, Mr. Ed. Batter, Capt. Geo. 
Corwin, Capt. Price, Mr. Browne, sr., Mr. Jo. Hathorne, 
Mr. Bar. Gedney, Mr. John Ruck, Ambross Gale and Mrs. 
Turner were granted licenses for retailing strong water. 

Richard Croad, Mr. John Gedney, EUenor HoUingworth, 
Mr. Thaddeus Riddan, Capt. Tho. Marshall, Mrs. Hathorne 
of Linn and Mr. Daniell King had their licenses renewed for 
keeping ordinary. 

The willt of John Hill was proved upon oath of Jeremiah 
Neale and Samuell Nurse, and an inventory was allowed. 

*Salem presentment. Wit: Elizabeth Waters, Anne Killi- 
grove, the wife of John Maskall, sr., the wife of John Prist and 
the wife of Joseph Allen. 

tWill of John Hill,J dated July 29, 1680,/^haueing bene for 
a long space of time ill & out of order: I giue to my two sons 
John & robert my 40 akers of land lying up in the woods by 
Samuel Cutlers to bee deuided equally betweene them. 2 I 
giue to John Hill all the land I haue in the pound meddow & 
that which I haue in cookes medow I giue to robert 3 I giue 
to my foure daughters Miriam Susan Liddia Elizabeth each 
of them a cow & fiue pound a peice besides to the two eldest 
to bee paid in some short time after my decease as soone as 
conueniently may bee, to the two youngest when they come 
of age 4 I giue to my wife all the rest of my estate to bee 
inioyed by her without any interruption or molestation dur- 
ing the time of her life & at her decease to bee at her sole 

t Autograph and seal. 



1680] RECORDS AND FILES 49 

Mr. Wade presented an inventory* of the estate of Mr. 
William Symonds. 

disposing (as shee may see good) to my children. & further 
my will is that in case my beloued wife shall see cans to sell 
any part or the whole of that estate giuen her she shall haue full 
power at the eand of her life to despos of what she shall haue left 
as aboue said I apoint my wife my executor of this my last will 
& testiment." Wit: Jeremiah Nealef and Samuell Nurs.f 

Inventory of the estate of John Hill taken, Nov. 20, 1680, 
by William Traskef and John Traske,t and brought in by 
Liddea, the widow: one Dwelling House & Orchard and 
Barne with other oute Housing, lOOli.; 3 akers of upland ly- 
ing in the Glass house feild, lOli. ; Half e an aker of salt marsh 
lying at forrest River, 41i.; A parcell of fresh Meddow lying 
by ye Great Rv', lOli. ; 40 Akers of upland lying neere Samuell 
Cutlers, 451i.; a five Aker Lott in ye Northfeild, 151i.; 3 
quarters of an aker of Marsh lying neare the hill called Gard- 
ners Hill, 121i.; 3 Cowes, 91i., on Steare, 31i., a young Cattle 
2 yers and ye vantage, 41i., 161i.; 2 young cattle a year & 
Halfe ould, 21i. 10s.; 3 calves, 21i., 2 mares & 3 colts in the 
woods if living, 31i., 51i.; parcell of swine Runing in ye woods^ 
41i.; fetherbed and all belonging to it, 81i.; fetherbed in ye 
Little Roome & wt belongs to it, 71i.; one Trundlebed and 
what Belongs to it, 41i. ; one Bed in ye Chamber and wt Be- 
longs to it, 61i.; one Cubbard in ye Chamber, 12s., Tooles, 
21i., 21i. 12s.; A Cubard in ye Great Roome, 16s. & one in ye 
Little Roome, Hi. 10s., 7 cheares, 14s., one table & 3 stooles, 
31i. 10s.; eight paire of sheets, 61i., 2 Table Cloathes, 12 Nap- 
kins, 8 To wells, 21i., 81i.; 4 paire of Pillowbeares, 20s., 2 wenscot 
Chests & 2 Boxes, 26s., one Gun, 20s., peuter, 21i. 10s., 51i. 
16s.; 3 skelletts, 10s., 5 Brass Kettles, 31i., 3 Iron potts and 
one kettle, 25s., earthen ware & Glasses, 61i. 5s.; one warm- 
ing pan & a paire of Doggs, 15s.; 2 Hakes, 8s., one spitt, 
2s. 6d., 2 paire of pott Hooks, 2s., 12s. 6d.; one fire shovel 
Tongues & fire slice, 7s.; one frying pan, 3s., one little Table, 
3s., 6s., one Lanthorne, 2s., smoothing Iron, 2s., 4s.; his ware- 
ing Cloathes, 81i., one Looking Glass, 2s., 81i. 2s.; ould chests, 
cradle and sum ould Lumber, 12s.; flax & wooU, 121i., home 
made cloth woUing & Lining, 41i., Sarge and other Eng. goods, 
51i.; one Grenston, one hors cart & saddle, 61i. 18s.; Bookes, 
10s.; total, 30011. 6s. 6d. Due to the estate in Debts, 51i. 
The estate is debter to seuerall men. Hi. 10s. More added 
to this inventory, 7 : 10 m. 1680, by Lidea, the executrix, in 
cash & goods, 91i. 

*Inventory of the estate of Mr. William Symonds, who 

t Autograph. 



50 SALEM QUARTERLY COURT [NoV. 

died in Ipswich, May 26, taken July 8, 1679, the most part 
and as it could be found more added, by Edward (his mark) 
Bragg and Robert Kinsan* and brought in by Mr. Jonathan 
Wade: his wearing apparell woollen & linen, lUi.; Argilla 
farme containeing thre hundred acres thereabout more or 
lesse, 15001i.; houses & barnes & outhouses upon the farme 
20011.; twentie two acres of English & Indian corne grene, 
301i.; about twelve acres of marsh & a little upland about 
wellses, 501i.; 6 acres more of marsh there to the use of Mrs. 
Martin during her life, 121i.; the house & about twentie 
rod of ground at towne, lOli.; 1 sow & 8 shoats in the woods, 
51i.; 10 cowes, 361i., 7 oxen, 351i., 8 2 year olds, 161i., 871i.; 
3 horses & a colt, 81i.; 1 stear 3 years old, 50s., 2 heifers, 61i., 
81i. 10s.; 1 bull, 55s., 6 yearlings, 81i., 1 heifer 4 yr, old, 31i. 
10s., 141i. 5s.; 3 yoaks, 3 chayns, 1 cart & tackling, a paire 
of wheels hatfe worn, 1 spanshackle & 1 new tumbrill, 31i. 
6s.; 42 sheep & 21 lambs, 221i.; 4 old axes, an old adds, 1 
paire fetters,- Hi. ; 2 old sithes & tackling & 3 rakes, 9s. 6d., 
3 forks, 3s., one dung forke, 3s., 68.; handsaw, a bushel, an 
iron winch & a cowle, 12s.; paire of harrows, 20s., an Iron 
wedg. Is., Hi. Is.; good peuter 781i. at Is. 4d. pr. li., 281i.; old 
puter at 12d., 61i., 6s.; flaggon, 6s., beetle & wedges, 6s., 12s.; 
old hoops & boxes for wheels, 10s.; 2 hooes & a spade, 12s.; 
2 parcels of old iron, 40s.; 2 frying pans, 13s., 21i. 13s.; a 
servant boy for 2 years, 51i.; a cosslet & hed piece old, Hi.; 
12611. of timber chaine, hooks & ring, 41i.; 5 strakes for a 
cart tire, 481i. old & rusty. Hi.; a heckle, 4s.; 4 chests & 3 
boxes. Hi. 15s., Hi. 19s.; more old iron & an old churne, 58.; 
hoUen earthen ware & other small things, 78.; cushins & 
peices for cushins & remnants, a bible, 21i. 3s.; flax tear, 
3s., 2 wicker baskets, 3s., 6s.; small table linnen & other 
old linnen, 7s.; bed linen & table linen, 61i. 9s.; carpet, 20s., 
blancket, 10s., Hi. 10s.; a bed, rug & blankets, 41i. 5s.; an 
old pistol, 3s., paire curtains & vallence, 22s., Hi. 5s.; rugs, 
bed bolster & sheet, 61i. 16s.; other bedding, lli. 10s., 3 paire 
keards, 78., a bottle & oyle, 3s., 21i.; old rug & blancket, lli. 
2s., 2 old chests, 8s., lli. 10s.; 3 old barrills, 4 bush. 1-2 of 
malt, 51i. of hops, lli. 6s.; 121i. cott. wooll, 16s., trundlebed- 
steiad & rope, 5s., lli. Is.; a great kettle & an old little kettle, 
21i. 15s.; 2 skillets, 10s., 2 iron potts, 17s., lli. 7s.; paire of 
cobirons, spitt & a drippin pan, lli. 4s.; an old chest, 2s., 

5 trayes, 5s., 3 chayers, 8s., 15s.; hoe, 3s. 6d., tramills, 9s., 
2 payles, 5s., 17s. 6d.; dishes, cheese moles, 4s., tub, 5s., 2 
grind stons, 16s., lli. 5s.; bridle, saddle & pillion, 20s., barrills 

6 earthen ware, 20s., 21i.; 3 spining wheels, 12s.; 4 acres of 
salt marsh neere Mr. Epps Island, 121i.; 20 acres or there- 
.abouts more or lesse at the Pequid lotts of upland, 5011., 

^Autograph. 



1680] RECORDS AND FILES 51 

18 acres of meddow at or about ye west medows, 361i.; 3 
cowes from Nickles Wallis, 91i. 15s.; a cow from Matt Perry, 
41i.; a smoothing box iron & 3 heaters, 4s. 6d.; trenchers & 
spoons, 5s., earthen ware, 3s., 8s.; 3 red curtains & vallence, 
Hi. 5s.; a clock, 51i., Andirons, 20s., 61i.; green curtains & 
vallance, 31i. ; a plaine cubbord & cubberd cloth & 3 old stools, 
10s.; a Sute of damaske very old, 41i.; a copper cann, lis., a 
cosslett, 408., 21i. lis.; 121i. more of cott. wooll, a marble 
morter, 15s., Hi. lis.; a bell mettle morter & pestle, 10s.; 
paire of brasse scalles & waits, 7s., a beam & scales, 10s., 
17s.; paire of stillyards, Hi., a great copper, 81i., an iron pott, 
8s., 81i. 8s.; cheese presse, 10s., malt mill, 10s., Hi.; 3 turkie 
work cushins, 12s., 4 lether chayers, 20s., Hi. 12s.; musket, 
28s., sword & belt, 15s., 21i. 3s.; coutch chayer, 15s., a great 
chest, 15s., Hi. lOs.; a great chayer, 3s., a cabbinett & an 
old hatt, 25s., Hi. 8s.; fetherbed, boulster, rug & bedsted, 
41i., cloth dublet & hoas & old cloth cloak, 21i. 5s.; a haire 
camblett cloke, 51i.; black cloth cloke, 40s., a wosted cote, 
40s., 41i., a black tunick, 50s., a bayes gown & old briches, 
208., 31i. lOs.; 2 payer of boot hoas tops & a paire silke gloves, 
10s.; fetherbed, old rug, & blancket & coverlid, 51i.; flockbed, 
blanckit, rug, bedsted & old sheet, 21i. 6s.; in plate Hi. 3-4 
haverdepose waite that is in troy waite 25 ounces 1-8 1-32 
at 6s. per oz., 71i. lis.; in money, 181i. Qs.; paire of racks, 
14s., 1 paire tonges & firepan, 3s., 17s.; books, 51i., gridiron, 
5s., riddle sive. Is., 51i. 6s.; spitt & tramill, 10s., a cubbard, 
table & froe, 18s., Hi. 8s.; woollen yarne at the wevers 381i., 
51i. 14s.; sheeps wooll 1681i. part pelt wooll the rest fleece 
wooll, 121i. 7s.; a tin lamp, Is., brass skellett, 8s., wooden 
ware, 15s., Hi. 4s.; earthen ware, 2s. 6d., a brasse kettle & 
pott hooks, 10s., 12s. 6d.; Tub & tray, 3s., old iron dogs. Is., 

2 earthen pots, 6d., 4s. 6d.; snuffers, 6d., chafin dish, 9d., 
riddle. Is., 2s. 3d.; Indian corne about 8 bush., Hi. 4s.; a 
phisick book, 6s.; due from Nickles Wallice, 551i. & 551i. 
& 201i. of which there is 10s. paid as remains 12911. 10s.; due 
from George Stimson, Hi. 158.; a farme at Wells about 300 
acres, 60011.; 5 acres 1-2 of meddow bought of Wadly, 161i. 
10s.; 1-4 pt. of a place for a saw mill with land & meddow 
& other necessarys, 20011.; other land not yet knowne & 
therefore not yet valued, horse kind runing in the woods 
nere Wells, 31i. ; cattle at Wells, 6 cowes, 211i. ; 1 bull, 1 stear, 

3 yeare old, 61i.; 2 bulls 2 year old, 41i., 1 heifer 2 year old, 
2H., 61i.; 6 steres 2 year old, 121i., 2 calves. Hi. 10s., 131i. 
10s.; 6 cowes, 211i., 1 bull, 1 stear 3 yere old, 61i., 271i.; 2 
young oxen, 81i., 9 yearlings, 131i. 10s., 211i. 10s.; 6 calves, 
61i.; Iron ware at Wells, 31i.; debts due to the said estate 
as appears by writeings from Francis Backhous 4100 C. mrch. 
boards payable at Boston at 4s. per, 81i. 4s.; from Henry 



52 SALEM QUARTERLY COURT [NoV. 

Mr. Daniell Epps, sr., administrator, presented an inventory* 
of the estate of Samuell Symonds, Esq., late Deputy Governor, 
deceased, and declared that there were several hundred pounds 
worth of the estate that he did not have in his possession, of 
which he would later make return. He said that there was 
a mistake in addition, as the total now stands. 

Hobs in money, 91i. 15s.; from Abraham CoUens in money, 
21i. 5s. 6d.; Abraham CoUens in beife, 51i.; Abraham CoUens 
in porke, 51i. 4s.; from William Soyer, 21i. 10s.; Thomas 
Avory by bill, llli. 10s.; most of these Debts above mentioned 
are desperate debts; total, 3,3591i. 9s. 3d. There are also 
severall other both debts & Credit whose accounts are not 
yet cleared. The estate is debtor to funerall expences of 
Samuel Symonds, Esq., late deputy governor, 371i. 18s. 
4d. ; also debtor to funerall exspences of Mr. William Symonds, 
late of Ipswich, son of Samuel Symonds, Esq., & executor to 
his estate 181i. 18s. 4d.; also Dr. to Mr. Harrison or his assigns 
a sum; Dr. to Mr. Eliakim Hutchinson 21,100 M mrch. pine 
boards payable at Boston; to Mr. Thomas Andrews in money, 
81i. 9s. ; and to severall others not yet certainly knowne. This 
estate is also debtor to Mrs. Rebecka Symonds, relict of 
Samuel Symonds, Esq., deceased, and also to Mrs. Epps 
and to Mrs. Martin and Mrs. Emerson and to severall others 
as it is exspressed in the Will of the said Samuel Symonds, 
Esq., only what they or any of them have received to be 
deducted. 

*Copy of an inventory of the estate of Samuel Symonds, 
late Deputy Govr., delivered to Robert Lord,t marshal, and 
Daniell Eppsf and Harlakenden Symonds,t administrators, 
by judgment of the General Court at Boston, Oct. 15, 1679, 
upon execution, by Mr. Rawson: the Possesstion of all the 
Houseing and Lands that are now extent and that the sayd 
Samuel Symonds died possessed of viz' Argilla farme & house- 
ing, the marshes beyond Wells his Farme towards Castle 
hill, the House at Towne & about twentie rodes of ground 
with it prized at ten pounds, The whoUe lands & houseing 
prized at l,7721i.; Sheep, twentie-seven, 121i.; 50 loads of 
hay, 37H. 10s.; 12 cowes, 471i.; 8 two year olds, 161i. 10s.; 
six young cattle come two year old, 12li.; seven oxen, 371i.; 
one 4 year old bull, 31i.; 200 acres of upland and marsh at 
Lamperele river, 13011.; part of 1,000 acres of land at Cox- 
well by Wells, 61i.; a clock at 51i.; payre of Andirons, Hi.; 
one horse at 3li. 10s., a coult. Hi.; 3 red Curtaynes and vallins, 
Hi. 5s.; 5 leather chairs, Hi.; Green Curtens and vallins, 31i., 

t Autograph. 



1680] RECORDS AND FILES 53 

and a sute of damask, 41i.; 4 turkey worke Cushins, 12s., a 
playne Cubboard, 3 old spooles, a cubboard cloath, Hi. 2s.; 
a cautch chayre, 15s., a great chest, 15s., a chayre with armes, 
3s.; a Cabbinet and two old hatts, 25s.; books, 51i., Cloathes 
remaining of Samuel Symonds, Deputy Govr., 151i. 5s.; The 
bedsteads & beding, coverlids, Ruggs, blanket ts, sheet, llli. 
6s.; Sheeps wooU, 451i., Is. 6d. p li., 31i. 7s. 6d.; a musquit, 
28s., a sword & belt, 15s.; an old sow and 8 hoggs, called 
spring shoats, 121i.; a great Copper, 81i.; a payre of stillyards 
avidpovyes, Hi.; 301i. of pewter at Is. 6 p li., 51i. at Is. p li., 
12 1-2 more of pewter at Is. 4d. p li., 31i. Is. 8d.; a bell metle 
mortter & pestle at 10s., a brass payre of scalles & waytes, 
7s.; a wooden beame & scalles, 10s.; an Iron pott, 8s., a chees 
press, 10s., a quarne milne, 10s.; a payre of harrows. Hi., 
a payre of Iron racks, I4s., a payre of tongs, 3s., firepan, Hi. 
17s.; a gridiron, 5s., frieing pan, 8s., a spitt & tramel, 10s., 
a Cubboard table & foarme, Is. 8d., 21i. Is.; a tin lamp, Is.; 
a brass skillet, 8s., a brass kettle & pott hookes one payre, 
10s.; cattle belonging to the farme in the hands of Daniell 
Epps, sr., 221i.; a Copper can, lis., a Costlet, 21i.; a new 
tumbrill making & boards & nayles, 20s.; a marble morter, 
20s., a carte rope, 8s.; 91i. 1-2 of Cotten woole. Is. 6d., p li., 
12s. 8d., barrels, tubs, keelers and other vessells in the sellar. 
Hi. 18s.; Tubbs, bowle, sives & other small instruments of 
wood, with two sacks. Hi. 7s. 6d.; a winch and Iron ax tree 
for a grindstone, 3s., two sho veils, 3 howes, forkes & raecks. 
Hi. 6s. 6d.; 3 yoakes with the Irons belonging to them <fe 
spanshakell & pin, 14s.; 3 chaynes, 7s. p chayne, Hi. Is;. 
The carte & wheeles Irons, hoops, boxsses, lins, pins, washers, 
& axe nayles. Hi. 15s.; an other payre of wheels with Irons 
belonging to them, 21i.; a broad axe & narrow axe at 8s.; 
total, 2,1031i. 6s. lOd. 18 lambs prized at 61i., 5 calves, 31i., 
English and Indian corn at 301i., in the Inventory taken 
July 2 last, which we leave to be disposed of by Mr. Wade 
and our sister, William Symonds his relict, to be accounted 
for amongst other accounts, which when made up, what doth 
remaine shall run on upon the account of the single share 
to her selfe for her children. The acct. of particulars above 
the six lower lines was delivered unto us Daniell Epps & 
Harlakenden Symonds p order of Richard Martine by Robert 
Lord, jr., marshal, and these six lynes also read to our sister 
Symonds, Robert Kinsman and Samuell Ingalls being pres- 
ent, on Nov. 12, 1679. Recorded in the records of the Gen- 
eral Court, page 254, at request of Mr. Epps and Mr. Har- 
lakenden Symonds, on Dec. 4, 1679, by Edwd. Rawson,* 
Secretary. 

* Autograph. 



54 SALEM QUARTEBLY COURT [NoV. 

On 16 : 6 : 1680, The Worshipfull William Browne and 
Bartholmew Gedney, Esq., assistants, appointed Hanna, 
relict of Joshua Ward, administratrix of his estate, and ordered 
her to bring in an inventory to the next Salem court. This 
appointment was confirmed by this court and she was ap- 
pointed guardian of her children by Joshua Ward. 

Hanna, relict of Joshua Ward, brought in an inventory* 
amounting to 16311. clear estate. Court ordered to Miles, 
the eldest son, 321i., and to the rest of the children 161i. each, 
at age or marriage, the whole estate to remain in the widow's 
hands for the bringing up of the children. 

An inventoryt of some estate in land, of right belonging 
to Joshuah Ward, the younger, was brought in and Hanna, 
the mother of said Joshua, was appointed administratrix of 
the estate. The land was appraised at BOli., of which Miles, 
the son of Hanna and brother of Joshua, was to have one- 
half, and the rest of the children of Hanna, the other half 
among them. 

Thomas Patch was appointed administrator of the estate 

*Inventory of the estate of Joshua Ward, taken Nov. 30, 
1680, by Joseph Hardy, sr.,t and Samll. Gardner, sr. :J one 
Dwelling howse and land, lOOli. ; one cowe, 21i. 5s. ; one fether 
bed, bolster, bedsteed and furniture thereunto belonging, 
81i.; one trundell bed, one pillow, two blanoketts thereunto 

belonging, 61i.; one fether , 41i.; his wearing clothes, 

lOli.; 18 yds. of searge, 21i. 9s. 6d.; , 12s. 6d.; 6 pr. of 

sheets, 31i.; 5 pr. of pellobears, 14s.; board cloth, & towells, 
Ac, lis.; 6 yds. of Dowlas, 128.; 2 yds ticken, 5s.; A sea 

chest and , Hi.; his Armes, Hi., A waynscot chest and 

boxe. Hi. 10s.; 5 peces of pewtere, 16s.; brase kettells, stue 
pane, skellet & warming pan, 21i. 5s.; houshold Iron, Hi. 5s.; 
coubard & boxe, 21i.; in pleat, 21i. 15s.; in mony, 41i. 16s.; 
chests, chayars & such licke. Hi.; earthen, glass and ten 
weare, 12s.; a Remnant stufe and genting, Hi. 10s.; psell 
of Gotten wooll, 51i.; Iron Toolls, 10s.; total, 1631i. 18s. 
Debets due to ye Estat about 151i. Debets due from the 
estate, about 131i. 

tinventory of the estate of Joshua Ward, son of Joshua 
Ward deceased, who died intestate, taken Dec. 2, 1680, by 
Jeremiah Nealef and Samll. Shattocks, jr.: J one ten ackre 
lot lying in the South feild wch said Lot was given him by 
his grandfather Flinte, 301i. 

} Autograph. 



1680] RECORDS AND FILES 55 

of Edmond Patch, deceased, and brought in an inventory.* 
There being two grandchildren, Edmond Patch and Abraham 
Patch, sons of Abraham, son of said Edmond Patch, the said 
grandchildren were to have the estate divided between them 
when they come of age. 

The willt of Bridgett Gile was brought into court and 
sworn to by Mr. Henry Bartholmew. 

*Wenham, May 15, 1695 to Capt. Sewall, an addition 
to the inventory made by Thomas Patch, | administrator of 
the estate of his uncle, Edmond Patch, who lived in Ipswich 
and died there Nov. 10, 1680: about half an acre of Bushshe 
medow ajoyning to Samuell Dodg his land & too Curtain 
Rods allone aprized at 2s. 4d., dew from John Knolton 21i. 
10s., and I have received it of him. Dew from the estate: 
for diging the Grave and coflSn, 9s.; to Capt. Fisk & myself 
by the Court order, Hi. 10s.; to me upon former acount for 
work done, 10s. 9d. and now dew to me for about 15 years 
administration. Hi. 10s. ''paper is scarce." 

Bond, dated Feb. 20, 1673, given by Edmund (his mark) 
Patch, living in Ipswich, to Richard Dodge of Wenham and 
Samuel Dodge of Ipswich, that he would not sell any of the 
estate in his possession without their consent, until the next 
Ipswich court, ''being sensible of my owne weakness Least 

I should be cheated by any person for the security therof 
for my self e and my daughter in Law and the children." Wit: 
Richard Walker t and Samuell Frayll.J 

Inventory of the estate of Edman Patch, who departed 
this life, Nov. 10, 1680, taken Nov. 19, 1680, by John DodgeJ 
and Richard Hutten:t3 peses of old putore, 6s.; an old brase 
Candellsticke, 3s.; & old brase scellete & a smoothing eiron, 
a letell pote, 4s.; the great eiron pote & pote hoocks, 12s.; 
a small speete & a trevet, 5s.; an old winescote Chest, 3s.; 
another winscote Chest, 8s. ; a borde Cheste, Is. 6d. ; a Coborde, 
58.; tramell, 5s. 6d.; an olde Rouge and a blancete, hate & 
Cote, 5s.; fether pello, 4s.; a testamente, Is. 6d.; total, 
31i. 3s. 6d. Due to the estate from John Knowlton being 
the remainder of his purchas, 21i. 10s., Thos. Fiske,t Thomas 
Patch. t The estate debtor for diging of the grave & makeing 
of the Coffin, 9s.; to ye agents Tho. Patch & Tho. Fisk, Hi. 
10s. 

fThe will of Bredget Gylest of Salem, widow, dated 14 : 

II : 1668: "Imprimis I giue to my Son Samuell Very twentie 
Shillings It. I giue unto My Son Thomas Very twentie 
Shillings It I giue unto Mary Cutler of Redinge the Wife of 

t Autograph. 



56 SALEM QUARTERLY COURT [NoV. 

Naomi Lovejoy was appointed administratrix of the estate 
of her late husband, and brought in an inventory* which 
was allowed. 

On Oct. 13, 1680, the Honrd. Major Genrll. Daniell Denison, 
William Browne and Bartholmew Gedney, Esq., assistants, 
appointed Elizabeth Turner, relict of John Turner, adminis- 
tratrix of his estate, and she was ordered to bring in an in- 
ventory to the next Salem court. This court allowed and 
confirmed it. 

Inventory t of the estate of Mr. John Turner, amounting to 
6,7881i. 17s. lid. was brought in. Court ordered the whole 

Thomas Cutler fortie Shillings It I Giue unto Briegett 
Very the Daught' of My Son Thomas Very a Cowe to be Due 
to her when she shall be Eighteene yeares of age or at the 
tyme of her Mariage It I Giue unto my Son Eliazer Gilles 
one ten aker Lott which somtime Belonge to Goodman Ad- 
dams of Nuberie of whom My Husbond bought it & I Giue 
unto him all My Meadow on both sides the Brooke to begin 
at the stump that doth part his Uplande and Mine & from 
that stump to Run over the Brooke to the Bound tree of the 
ten aker Lott aboue Menshoned Al my Meadoe be lowe that 
line I Giue to him p'ouided & my will is that he pay unto 
Mary Cutler that fortie shillings I haue giuen her in this 
My Will And for the Remainder of My estate bowsing Land 
Meadow ground Cattle househoulde stuffe & what euer elce 
Doth any way belonge or Aprtaine unto me I Doe giue & 
bequeathe unto My son John Geiles home I ordaine & apoynt 
My sole executo^" Wit: John Browne t and James Browne. f 

*Inventory of the estate of John Lovjoy, jr., who died 
July 14, 1680, taken by Richard Barker, sr.,t and Joseph 
Ballard: J one house & a crope of corn, 201i.; one hors., 41i.; 
one steer 4 years old, 41i.; one cow & a year old heifer, 51i. 
5s.; swine, 21i.; one carbine, 10s.; wearing apparrill, 21i.; 
flax, wooU & yearn, 16s.; one bed & Beding, 51i.; in lumber 
and Tooles, lli. 6s.; one iron pott, frying pan and one brass 
skillet, 12s.; one old saddell and an old Bridle, 6s.; total, 
451i. 15s. The depts that doe allredy apere amounts to 291i. 
14s. 7d. The debts yt doe since appeare due from the estate 
is now, 31i. 4s. and heare is 31i. 16s. 9d. of it in mony. 

flnventory of the estate of Mr. John Turner as it is now 
found in the hands of Mrs. Elizabeth Turner, widow, taken 
by Wm. Browne, jr., J John Price,t Thomas Gardner, jr.J 
and John Hathorne:! Sundry goods & merchandize amount 

t Autograph. 



1680] RECORDS AND FILES 57 

estate to remain in the hands of the widow for the bringing 
up of the five children, one of whom is a son, John, Elizabeth 
Eunice, Freestone and Abiell, until they be of age to choose 
guardians, the widow to have for her part l,5001i., provided 
she pay lOOli. to Elizabeth Gedney, which bequest was made 
by Mr. John Turner, when she becomes of age or is married, 
and in the meantime said Elizabeth was to be educated at 
the charge of the administratrix. The rest of the estate 
was to be divided equally among the children, the son to 
have a double portion. If the widow changed her condition, 
the whole estate, except her portion, was to be placed in the 
court's hands to order, and if the estate suffered any losses, 
each was to share proportionately in such losses. Capt. 
William Browne, Mr. John Hathorne, Capt. John Price and 
Mr. Thomas Gardner, jr., were to advise the widow in the 
management of the estate. 

unto 2,8431i. 9s. lid.; househould stuff and in baggs, l,295li. 
8s.; total, 4,1381i. 17s. lid. The account of houseing & 
land; the dwelling house, land, out houseing, 2 warehouses 
& wharfe belonging thereunto, 50011.; a house, househould 
stuff & stock at Bakers Isld., 501i.; Land at Castle Hill, 701i.; 
a parcell of land bought of Wm. Lake and a pcell bought of 
Nathl. Sharp, 401i.; a warehouse at Winter Isld., 121i.; house 
and land bought of Mr. Skinner, 14011.; the warehouse yt is 
building boards, &c., 251i.; land by Christopher Babidges, 
401i.; total, 87711. The account of Vessells: the Keatch 
Blosome, 17011.; Keatch Prosperous, 12011.; Keatch Jno. 
& Thomas, lOOli.; Keatch Willing mind, 9011.; total, 48011.; 
1-2 of ye Keatch with Mr. English, 19011.; 1-2 of ye pink 
Speedwell, 15011.; 3-8 of the Keatch Society, 15011.; 3-8 of 
the Keatch Wm. & Jno., lOOli.; 1-4 of the Keatch Freind- 
ship, 6511.; 1-8 of the Keatch Fraternyty, 401i.; a shallop 
at Marblehead, 5011.; 1-4 of ye sloop with Jon. Hart, 4011.; 
a pleasure Boote, 811.; 1-3 or 3-8 of the Shipp Wm & John, 
SOOli.; total, 1,77311., making total of whole estate 6,78811. 
17s. lid. Further, a parcell of Salt at Marblehead; a parcell 
Refuse fish at Marblehead. The account of Debts due unto 
the estate and debts due to be payd out of the estate which 
cannot yet be settled or knowne. 

Petition of Anne Lake,* wife of William Lake: that her 
husband had met with a sudden death, leaving her in a sor- 
rowful and destitute condition and involved in debt, none 

* Autograph. 



58 SALEM QUARTERLY COURT [NoV. 

knowing his business but himself, these debts having been 
contracted while he had a license to sell cider, ale and beer; 
that he had never been convicted of keeping a disorderly 
house, and had a large stock of goods on hand for which he 
still owed; that her family had been visited also by the small- 
pox, and she asked for a continuation of the license. 

Inventory of the estate of Isac Hyde presented by Susanna 
Hyde, taken Nov. 13, 1680, by Joseph Grafton* and Samuel 
Gardner, jr.*: a dwelling house & 24 pole of land, 601i.; f ether- 
bed & furnature as it stands, 41i. 10s.; 4 paire of sheets & 4 pr. 
pillowbeirs, 21i. 10s.; 8 towels, 8 napkins, 4 Tablecloths, 15s.; 
putor, 25s., brasse, 30s., 21i. 15s.; Iron ware, 20s., earthen 
& tin ware, 10s., Hi. 10s.; 2 small tables & a chest, Hi.; 8 
Chaires, 12s., 2 truncks, 10s., Hi. 2s.; Carpet & 2 small baskets, 
window curtin & a pr. bellows, 12s.; old barrels & tubbs, 5s.; 
total, 741i. 19s. Due to be paid unto Wm. Hill in England, 
51i. Attested in Salem court, 30 : 9 : 1680, by Susana Hide, 
and she was appointed administratrix of the estate of her 
husband, Isaack Hide. The estate, when the debts are paid, 
was to be equally divided, one half to the widow and the 
other half to Richard, child of the deceased, at the age of 
twenty-one years. 

Agreement, dated Nov. 30, 1680, between Ezekiel Cheever 
of Boston, gentleman, in behalf of Ellin, his wife, sister of 
Capt. Thomas Lathrop, late of Beaverly, and the children 
he had had by her, as heirs of said Lathrop, and Joseph Graf- 
ton t of Salem, mariner, in behalf of Bethiah Grafifton,t relict 
and administratrix of Capt. Lathrop^s estate, that said Cheever 
pay to Grafton, 601i., the latter releasing all interest in Lathrop's 
estate. Wit: John Higginson, sr.,* and Hilliard Veren.* 
Acknowledged, Apr. 4, 1681, before William Browne,* assist- 
ant. 

Summons, dated May 4, 1680, for the appearance of John 
Webber and Georg Hiskutt, both of Boston, for sailing out 
of a safe harbor, namely, Annisquam river, in the time of 
public worship on the Lord's day; dated May 4, 1680; signed 
by Hilliard Veren,* cleric; and served by Joseph Bridgham,* 
constable of Boston. 

Roger Rous, aged about forty-four years, deposed that 
as he passed by, he called aboard of Hiskeet's sloop, and 
asked for him, and they answered that he had gone to meet- 
ing. This was on the Sabbath day as he passed through 
the gut. Sworn, Dec. 2, 1680, before Jno. Richards,* assist- 
ant. 

William Sergant and Samuell Ellwell were granted witness 
fees. 

* Autograph. f Autograph and seal. 



1680] R£COBDS AND FILES 50- 

Francis Lyford, aged about thirty-eight years, testified 
that passing through the Cape he saw Hisket's sloop aground, 
etc. Sworn, Nov. 29, 1680, before John Richards,* assistant. 

John Farfax, aged about eighteen years, testified that last 
fall, coming from the eastward with Gorg Hiskeet, they put 
into Squam on Saturday night and ran on top of a bank of 
sand at high water mark. On the Sabbath morning, Good- 
man Hiskeet went ashore to meeting and told his mate that 
if she floated to haul her off, but gave no order to go through 
the gut, etc. Sworn, Nov. 29, 1680, before John Richards,* 
assistant. 

List of presentments, signed by John Rucke,* in the name 
of the rest of the grand jury. 

Inquest upon the death of Joshua Ward, returned on Nov. 
10, 1680, by Richard Croads, Samuel Shattock, Benjamin 
Pickman, John Norton, William Ropes, John Andrewes, 
Jonathan Eager, Robert Willson, Robert Nowell, John Bates, 
John Cooke and George Trott. who declared that he was 
killed by a cart wheel going over him, very much bruising his 
body and breaking his arm and shoulder, Sworn, Nov. 10, 
1680, before Bartho. Gedney,* assistant. 

Inquest upon the death of George March's negro, returned 
on Oct. 16, 1680, by a jury warned by Joseph Pike,* constable 
of Newbury, namely Robert Adams,* Robert Long,* Thomas 
Noyes,* John Webster, sr.,* Stephen Swet,* Moses Littel,* 
Richerd Browne,* James Smith,* Nathaniell Bricket,* Jona- 
than Haynes,* James Mireck* and Jno. Webster, jr.,* who 
declared they could find no wound, but understanding that he 
had wandered from his master's house nearly a week before, 
judged that for want of suitable refreshment, hunger and 
cold had been the means of ending his days. 

John Barton,* chirurgeon, of Salem, testified that "being 
called toy* house of Jacob Pudeater for to visett his former wife 
I found her upon y* bed in a sencelesse stupifyed condition not 
able to spake one word, felt of her hands & she was extream 
cold, w*** little or noe pulse, after Enquiry how she came into 
that condition, y® said pudeater w*"* y^ widdow Greenslet did 
answer that she had been a broad adrinking of Rum, & being 
a very slibery cold time, she fell downe, & not being able to rise 
againe lay in y« said place some considerable time till some- 
body foimd her & brought hir into y® house and after adminis- 
tration of seuerall Medicines, in some few dayes she was 
recouered, & sat up in a chair by the fire, haueing some com- 
petency of sence & reason, then there being M' John Browne, 
sen*" admonishing her, she seemed to be troubled for her fault 
& promised amendment, I y® said Barton chargeing & re- 

* Autograph 



€0 SALEM QUARTERLY COURT [NoV. 

quiring y« said pudeater & y* nurss Greenslet not to giue her 
any rum or other strong Drinkes for they answered they shall 
not need to doe itt, for she would haue itt if it was to be had, 
for their backs could not be turned, but she would out of 
doors & carry anything w*** her to pawne for Rum, & as her 
husband said she had made away w*** most of y* necessaryes 
of y* house for Rum, soe I left her by y* fire side in a hopefuU 
way of recouervy, & in a short time after I heard she was 
dead, much to my amazement/' Sworn, May 31, 1680, 
before Bartho. Gidney,* commissioner. 

Ann Pudeator testified that the night her husband's first 
wife died she was in the same room and saw Pudeator give 
his wife rum in a porringer, as she sat in her chair, three sev- 
eral times, and, about half an hour after, they saw that she 
was dead. Sworn, Apr. 26, 1680, befora Wm. Hathorne,* 
assistant. 

Humphry Case, aged about fifty years, testified that the 
night before she died he heard her ask for a dram, whereupon 
he gave her a white earthen porringer full of brandy. She 
drank part of it and he urged her to drink it all, but she said 
she would bye and bye. When she had drank that, he brought 
her two more porringers full and forced her to drink it, saying 
it would work bye and bye. The porringer was as full each 
time as it could be conveniently handed one from another. 
Sworn, Apr. 27, 1680, before Bartho. Gedney,* commissioner. 

Symon Booth, aged about thirty-nine years, and Recha 
Booth, aged about thirty-nine years, deposed that about 
two and three-quarters years ago they lived in Salem in a 
house of Jacob Pudeater's, and Isabell, wife of said Jacob, on 
the afternoon before she died, about three or four o'clock, 
came to their house and smoked a pipe of tobacco. She talked 
rationally and seemed in reasonable good health. At about 
eight or nine o'clock they heard she was dead, and Symon 
testified that, at eleven or twelve o'clock, he saw her stretched 
out dead upon a board or table in Pudeator's house. 

Inquest upon the death of Solomon Green and the wife of 
Christopher Crow, who were found dead at Nehant, returned 
on Dec. 4, 1680, by a jury composed of Samuell Cobbett,* 
Rich. Haven, sr.,* John Ballord,* Robert Ingolls, sr.,* Willia 
Basset, sr.,* Samuel Johnson,* John Ingolls,* Robert Ingolls, 
jr.,* Moses Chadwell,* Thomas Brown,* Henery Stacy* and 
Daniel Johnson,* that they were drowned from a vessel that 
was wrecked on the east point of Nehant, driven up by the 
waves among great high rocks. The man's head was very 
much battered. The woman was taken up about the middle 
of the long beach, "as you go to Nehant" but had no bruises. 

* Autograph. 



1680] RECOBD8 AND FILES 61 

They left both bodies with their relatives and saw them buried 
on Dec. 6, 1680. Sworn, Dec. 13, 1680, before Bartho. Gedny,* 
assistant. 

Inquest upon the death of William, son of Joseph Edmonds, 
returned on Jan. 15, 1679, by a jury summoned by Joseph 
Roods, constable of Lyn, and composed of John Fuller,* 
Edward Baker,* Henry Rhodes,* William Meret,* Thomas 
(his mark) Stocker, Robert Potter,* John Burrall,* Rich. 
Haven,* Clement Colddom,* John Nuhall,* Richard Moere* 
and Aquiller (his mark) Ramsdell, that he was accidentally 
drowned in a hole of water about four feet deep near a great 
rock, according to testimony of Phillip Kertland, William 
Meriam and Joseph Edmonds, who found him. Sworn, 19 : 
11 : 1679, before Thomas Laughton,* Thomas Marshall* and 
Rich. Walker.* 

On 6 : 2 : 1680, Joseph Phippen* and Christopher Babbidge* 
informed Mr. Verren that Mr. English had not paid llli. Ss. 
of his execution and the court had ordered a new one to be 
issued. 

Execution, dated Apr. 6, 1680, against Richard HoUingworth, 
to satisfy the remainder of a judgment granted Philip English, 
30 : 4 : 1674, at Salem court, signed by Hilliard Veren,* 
cleric, and served by Henry Skerry,* marshal, by attachment 
of land of HoUingworth in his orchard, and his part of the 
house, except six feet *'on the north end on the back sid of 
his part of his house & on y* south end of it & a yard 
before his part of his house to y* hiewaye: & y" use of y* poorch 
half of it for y* use of his part of his house & half y* poorch 
to y* other halfe to y* use of Philip Engleshes his part of his 
house at y* west end of this house: with y leanto for his part: 
all y* trees & stone fence," and gave pgssession by turf and 
twig. 

Jeremiah Neale* and John Williames,* on 24 : 2 : 1680, 
appraised land and a part of a house of Mr. Richard HoUing- 
wod's at Marble Head ferry or Point of Rocks, so called, in 
Salem, lying between Mr. Phillip Crumwell and Mr. Phillip 
English, at llli. 15s. Sworn, Feb. 7, 1681, before William 
Browne,* assistant. 

Execution, dated 6:9: 1680, against Lt. John Wing, to 
satisfy judgment granted Mr. Jonathan Corwin, in behalf of 
his wife Elizabeth, lately Elizabeth Gibbs, 29 : 4 : 1680, at 
Salem court, signed by Hilliard Veren,* cleric, and served by 
Returne Waite,* deputy to Henry Skerry,* marshal of Salem. 
Mr. Jno. Frost and Mr. Tho. Baker, appraisers of the goods, 
were sworn, at Boston, Jan. 19, 1680, before Elisha Hutchin- 
son,* commissioner. 

^ Autograph. 



62 SALEM QUARTERLY COURT [NoV. 

Execution, dated 3 : 10 : 1680, against Thomas Frame, to 
satisfy judgment granted John March, 30 : 9 : 1680, at Salem 
court, for 4,000 red oak hogshead staves, to be delivered at 
some convenient landing place below Holt's rocks on Merimake 
river side, signed by Billiard Veren,* for the court, and served 
by Robert Lord,* deputy for Henry Skerry,* marshal of Salem. 

Execution, dated 7 : 10 : 1680, against Andrew Tucker, 
to satisfy judgment granted John Elletrop, 30 : 9 : 1680, at 
Salem court, signed by Hilliard Veren,* cleric, and served by 
Henry Skerry,* marshal of Salem. 

Execution, dated July 21, 1680, against Joseph Gatchell, to 
satisfy judgment granted Peetar Cheevers, at the June term 
of the Salem court, signed by Hilliard Veren,* cleric, and 
served by Henry Skerry,* marshal of Salem. 

Execution, dated July 2, 1680, against William Barton, to 
satisfy judgment granted John Cromwell, 24 : 4 : 1680, at 
Salem court, signed by Hilliard Veren,* cleric, and served by 
John Williams,* deputy to Henry Skerry,* marshal of Salem, 
who delivered Barton to Cromwell, as his servant for four 
years, or until the execution be paid. 

Execution, dated July 1, 1680, against John Price, to satisfy 
judgment granted Benjamin Balch, son of John Balch, de- 
ceased, and joint executrix with his mother-in-law, Agnes 
Balch, 30 : 4 : 1680, at Salem court, signed by Hilliard Veren,* 
cleric, and served by Henry Skerry,* marshal of Salem, who 
gave possession by turf and twig. 

Execution, dated 28 : 12 : 1679-80, against Mr. William 
Longfellow, to satisfy judgment granted Penuell Titcombe, 
25 : 9 : 1679, signed by Hilliard Veren,* cleric, and served by 
Robert Lord,* deputy to Henry Skerry,* marshal of Salem, 
by attachment of Lontcfellow's gate rights in Rowley common. 

Execution, dated 28 : 4 : 1680, against Samuell Gatchell, 
to satisfy judgment granted John Best, Apr. 6, 1680, at Salem 
court, signed by Hilliard Veren,* cleric, and served by John 
Williams,* deputy to Henry Skerry,* marshal of Salem. 

Execution, dated 24 : 7 : 1680, against Mr. Edmond Batter, 
to satisfy judgment granted Ruth White, June 29, 1680, at 
Salem court, signed by Hilliard Veren,* cleric, and served by 
Henry Skerry,* marshal of Salem. 

Execution, dated 20 : 10 : 1680, against John Keene, to 
satisfy judgment granted, 30 : 9 : 1680, at Salem court, signed 
h\' ifilliard Veren,* cleric, and served by Henry Skerry,* 
n^.arslial of Salem, at Keene's house in Boston. 

Execution, dated Sept. 15, 1680, against Nicholas Manning, 
to satisfy judgment granted Resolved White, Sept. 7, 1680, 
at the Court of Assistants in Boston, signed by Edward Raw- 

* Autograph. 



1680] RECORDS AND FILES 63 

son,* secretary, and served by Henry Skerry,* deputy to 
Joseph Webb,* marshal of Sufifolk, by attachment of two cows. 

Execution, dated 26 : 12 : 1680, against Capt. Nicholas 
Page, assignee of Thomas Woodbridge, to satisfy judgment 
granted Mr. George Carr, sr., and Mr. James Carr, Nov. 30, 
1680, at Salem court, signed by Hilliard Veren,* cleric, and 
served by Henry Skerry,* marshal of Salem, who delivered 
the money to Mr. Thomas Baker, a smith, of Boston, agent 
for the Carrs of Salisbury. 

Execution, dated May 5, 1680, against John Procter, to 
satisfy judgment granted Joseph Procter, 24 : 4 : 1679, at 
Salem court, signed by Hilliard Veren,* cleric, and served by 
John Williams,* deputy to Henry Skerry,* marshal of Salem. 

Execution, dated Oct. 6, 1680, against Jonathan Gatchell 
of Marblehead, to satisfy judgment granted John Best of 
Salem, signed by William Browne,* assistant, and served by 
Henry Skerry,* marshal of Salem, by attachment of a house 
and committing said Gatchell to prison. 

Execution, dated 7 : 10 : 1680, against Robert Hooper, 
to satisfy judgment granted Mr. Christopher Lattamore, 
30 : 9 : 1680, at Salem court, signed by Hilliard Voren,* cleric, 
and served by Henry Skerry,* marshal. 

Thomas Patch, aged about forty-two years, deposed that 
the country highway at Frost-fish brook is not sufficient for 
want of a bridge. Sworn in court. 

Thomas Woodbridge, aged about thirty-one years, testified 
that about four years ago Mr. Abram Bartholomew desired 
Mr. Jno. Westcut to go to Salem and bring some blocks for 
his ship, which he did, procuring them either at Salem or Marble- 
head. Sworn, Dec. 3, 1680, before Bartho. Gedney,* assistant. 

Venire, dated Oct. 12, 1680, for Salem, also summons to 
the selectmen of Salem, for want of a bridge at Frostfish river, 
and to Phillip Mudle, for living from his wife and attempting 
marriage with another woman, signed by Hilliard Veren,* cleric, 
and served by Joseph Hardy,* constable of Salem. 

Taken up by Samuell Smith, Oct. 9, 1680, a sorrel horse, 
four years old, with a white stripe down his face, with one 
white foot, and docked; also taken up by Jeremiah Elsworth 
a dark, blackish bay horse colt, coming two years old, with a 
star in his forehead. 

Edward Rawson,* secretary, certified that at the General 
Court on May 19, 1680, John Grafton, Resolved White, 
Robert Fuller, Jno. Felton, Joseph Phippen, Thomas Put- 
man, jr., Wm. Stacy, Zachariah March and Symon Booth, 
all of Salem, were made freemen. 

Edward Rawson,* secretary, certified that at the General 

^ Autograph. 



64 SALEM QUARTERLY COURT [NoV. 

Court on May 27, 1674, Mr. Daniel Epps, jr., then of Ipswich, 
was made freeman. 

Bond, dated Sept. 16, 1680, given by John Appleton* for 
appearance to prosecute against Anthony Potter, before Maj. 
Gen. Denison on Sept. 23, 1680. 

Samuell Appleton,* in behalf of his father Capt. John 
Appleton, was also bound. 

John Warner's* charges: one day when the estate was 
prized, 2s.; removing the Provisions & Lumber on day with 
my teame, 3s.; earning Provision & other things to Mistaris 
treadwell, 3s.; going to the farme once a weecke to look after 
the creturs, 3s. ; three days A a half es time to bring the cattell 
from the farme, 7s.; Providing for those that did helpe us 
to remove the cretures, 2s. ; three days A a halfe I hired hands 
to help us, 6s.; keeping of ten sheepe eaight weackes, Hi.; 
keeping too hefers three weekes, 3s. ; total, 21i. 9s. 

Bond, dated July 31, 1680, of John Lighton,* for appearance 
to prosecute against Samuell Graves. 

Bill of cost of Dorcas Gatchell, Mary Ossgood, Phillip Rowell 
and Sarah, his wife, in a complaint against John Ring and 
Martha Lampson, 16s. 

Copy of deed, dated Sept. 14, 1677, given by Thomas Gobbet, 
pastor of the Church of Christ of Ipswich, and wife Elizabeth, 
for 401i., in money, pork, wheat and malt, to John Burnam, jr., 
marsh on the east side of Jubaquo river, formerly granted him 
by the town and laid out by Deacon Pengry and Robert 
Lord, sr. Wit: John Rogers and John Denison. Elizabeth 
Gobbet released her dower. Recorded in the record of lands for 
Essex, book 4, page 382. Copy made by Robert Lord,* recorder. 

Deed, dated May 20, 1670, given by Richard Bloodf of 
Groton, yeoman, for lOli. 10s., to Samuell Bennet of Boston, 
gentleman, ten acres of meadow and pasture in Lynn, for- 
merly granted by the town of Lynn to John Poole of Lynn, 
husbandman, and by him conveyed to said Blood, bounded 
on the south by land of John Gilloway, on the north by land 
of William Martin, on the east by the Lynn common land, and 
on the west by the river running to the Iron Works. Wit: 
Ed. Page,* Jonathan Crisp* and Hen. Nelson,* scribe. 

From the files of the Salem Commissioners' court: 

Writ: Mr. Edmond Batter v. William Buckley; debt, due from his son 
Thomas, late deceased; dated July 26, 1680; signed by Hilhard Veren,* 
for the court and town of Salem; and served by Henry Skerry,* marshal, 
by attachment of a long table and great chest of defendant's. 

Writ: John Pudney v. Anthony Needham, and Mr. Jonathan Palmer and 
Mr. Thomas Norman^ as sureties; forfeiture of a bond; dated Sept. 30. 
1680; signed by HiUiard Veren,* for the court and town of Salem; ana 
served by Peter Cheevers,* constable of Salem, by attachment of land about 

* Autograph. f Autograph and seal. 



1681] BECOBDB AND FILES 65 

COTTRT HELD AT JPSWICH, MaR. 29, 1681. 

Judges: Major Genrll. Denison, Esq., Major Nath. Salton- 
stall, Esq., Wm. Browne, Esq., and Bartho. Gedny, Esq. 

Jury of trials: Capt. John Apleton, Mr. Simon Willard, 
Mr. Sam. Rogers, Tho. Hart, Thomas Lull, John Newmarsh, 
Mr. Rich. Dummer, Samuell Platts, Josiah Gage, Tho. Oss- 
good, Jacob Towne and Ephraim Winsley. 

Richard Dole v. Capt. Nicolas Maning. Debt. Verdict 
for plaintiff.* 

*Writ: Richard Dole v. Capt. Nicholas Maning of Salem, 
for goods now in the hands of Joseph Plummer of Newbury; 
debt; for two cows and two calves which Maning bought 
of Dole in 1675; dated Mar. 22, 1680-81; signed by Anthony 
Somerby,t for the court and clerk for Newbury; and served 
by Joseph Pike,t constable of Newbury. Joseph Plumer 
owned that he owed Maning 51i. in barley at 3s. 6d. per bushel 
and Indian corn at 2s. 6d. per bushel. 

Richard Dole's bill of cost, lli. lis. 

Joseph Plumer, aged about fifty years, deposed. Sworn 
in court. 

Letter addressed, "Thes for M' Dowell Liueing at New- 
bery in New England these Deleuer." 

''M' Dowell Sier after my Loue presented theyes may 
infourem you that I haue sent for the to Cowes that I bougt 

■aid Needham's house. Execution served on 6 : 8 : 1680, by Henry Skerry,t 
marshal, and judgment satisfied. 

Execution, dated Oct. 6, 1680, against Anthony Needham, to satisfy 
judgment granted Henry Cooke and Robert Peaae, at Salem Commissioners' 
court, Oct. 5, 1680, signed by Hilliard Veren,t cleric, and served by Henry 
Skerry,t marshal of Salem. 

Summons, dated 5:8: 1680, to Mary Bobbins and Charles Phillii)s, as 
witnesses in an action between Thomas Robbins and James Simans, signed 
by Hilliard Veren,t for the court and town of Salem. 

Bond, dated 15 : 9 : 1680, given bpr Samuell Princef of Salem, tailcnr, to 
Resolved White, for the payment of all debts. Resolved Whitef acceptM 
it on the same date. Sworn in Salem Conunissioners' court. On June 14, 
1681, Resolved Whitef acknowledged the receipt. 

Warrant, dated 2 : 10 : 1680, to the constable of Marblehead, for the 
appearance of Robert Sweete, for beating and abusing Thomas Russell, 
signed by Hilliard Veren,t cleric; and also sununons to Richard Rowland 
and John Buckley as witnesses. 

Richard Rowland, aged twenty-two years, testified that he was in the 
house of his brother, Erasmus James, with Thomas Russell, sitting peaceably 
and auietly by the fire. Robert Sweet came in staggering and striking 
Russell, pulled him out of doors. 

Thomas Rusellf complained on the next day, Dec. 2, 1680, that Sweete 
strudc him so that his hearing had not come back as it was before, ete. 

t Autograph. 



66 IPSWICH QUABTERLT COURT [Mar. 

Robert Haines v. Joseph Lee. For refusing to give posses- 
sion of a house and land. Verdict for plaintiff. Possession 
to be given within one month or 141i. in merchantable fish. 
Appealed to the next Court of Assistants. Joseph Lee bound, 
with Phillip Fowler and Josiah Clarke, as sureties.* 

of you the Last satterday and farder I dow desier you to send 
me one Cowe more as good a wan as you Cann if possibell 
and deLiuer them to the barer hereof Robert Gray and I shall 
not faiel you to macke youer gon stockes and stellerds that 
you speck for of me at the time so haueing noe more at present 
I rest Youer Loueing frind to sarue in what I Cane 

'Hhe 26 of Aprel 76 Nicholas Maning."t 

William Dole, aged about twenty-one years, deposed that he 
delivered the cattle for his father, Richard Dole. Sworn in court. 

Samuell Plumer, aged sixty-two years, deposed that he 
helped Maning'sman over the ferry with the cattle, and the 
young man was Mailing's son-in-law. Sworn in court. 

*Writ, dated Feb. 14, 1680, signed by Daniel Deni8on,t for 
the court, and served by Robert Lord,t marshal of Ipswich. 

Letter of attorney, dated Mar. 3, 1680-81, given by Robert 
^his mark) Heines| of Hog Island, Isles of Shoales, fisherman, 
to Mr. John Wainwright ot Ipswich, merchant. Signed, 
.sealed and deUvered to Mr. Andrew Deamont in behalf of 
Mr. John Wainwright, in the presence of Samuel Belchert 
and Mercy Belcher.f Acknowledged, Mar. 3, 1680-81, before 
Andrew Deamont,t commissioner. 

John Wainwrite's bill of cost. Hi. 13s. 

Jno. Wainwright'st receipt, dated July 7, 1680, to Robt. 
Haines for lOli. in fish on account of Joseph I^ee, which with 
20s. in money was in full for the house at Hog Island. Wit: 

John Hunt.t 

John Wainwright, aged about thirty-one years, deposed that 
in June or July last, Joseph Lee sold to Robt. Haines, a house 
that was formerly in possession of Gabriel Grubb, for llli. 
'Also that Lee gave deponent an order to give Haines possession 
but he had no power then and could not do it. Haines came 
to Ipswich last October and demanded it. Sworn in court. 

. Robart Heines, aged about seventy years, deposed that 
his voyage to Ipswich cost him 20s. in money, and Lee prom- 
ised to give him possession soon, etc. Sworn, Mar. 8, 1680-81, 
before Andrew Deamont,t commissioner. 

Simon Wainwright, aged about twenty years, deposed that, 
being at the Isles of Shoals last summer, Joseph Leigh was 
there and often came to him in his brother, John Wainwright's, 

tAaftograplu {Seal* 



1681] RECORDS AND FILES 67 

Isaac Morrill v. Mathew Clarke. Appeal from a judgment 
of the Worshipful Major Saltonstall, Esq., on Feb. 21 last. 
Verdict for plaintiff, reversal of the former judgment.* 

absence, about selling a house, etc. Sworn, 30 : 1 : 1681, 
before N. Saltonstall,t assistant. 

Jno. Roberts testified. Sworn in court. 

John Roberts, aged thirty-four years, testified that he 
heard Haines say to Wainwright, at the latter's house, ''I 
had noe other busines to Ipswich but about my bargaine for 
I am in want of my house I bought of you : wch you p'mised 
mee to giue mee possession of : I had Rather ses: Haines 
haue giuen 10" for it will cost mee fine pounds before I Get 
home and all this is because you do not performe yo' bar- 
gaine to mee." Sworn in court. 

*Copy of the papers in this action, tried before Nathaniel 
Saltonstallif 

Writ: Isaac Morrill of Salisbury v. Mathew Clarke; for 
not delivering to him a bay mare, which had been in con- 
troversy between Haniel Clarke and Benjamin Singletery; 
dated Feb. 14, 1680; signed by Nath. Saltonstall,t assistant; 
and served by Robt. Emerson,t constable of Haverhill. 

Judgment for defendant. Appealed to the next Ipswich 
court, with Robert Clement, as surety. 

In an action on Jan. 25, 1680, Haniel Clarke v. Benjamin 
Singletery, for taking away a young mare in 1679 from Edw. 
Clarke's yard, which mare came up with HanieFs jades. 
Judgment for plaintiff, the mare which defendant took and 
branded, docked and had ridden the past year. 

Isaac Morrell's bill of cost, 21i. 19s. 

Mathew Clark's bill of cost, 7s. 4d. 

Jotham Hendrick testified that Haniel Clarke told him that 
he sold Benjamin Singletery two mares, and also that he 
had two mares killed in one year, a gray mare and her colt, 
and he thought Samll. Davis killed them. Sworn 25 : 11 : 
1680. 

Benjamin Singletery testified that about two years ago 
he was at Goodman Serjeant's and the latter's wife told him 
that Han. Clark's colt lay dead upon the plain. As deponent 
came home, Danll. Clement and Jno. Cooke came with him, 
and they saw the colt, which colt was a bay, with a star in 
the forehead. Deponent further said, that when Haniel 
first quarrelled with him about this mare, she was in his stock 
yard, and he asked Haniel if he would challenge her, and he 
said he would. Sworn, 21 : 12 : 1680. 

Amos Singletary deposed that he saw the mare at Almsbury 

t Autograph. 



68 IPSWICH QUABTEBLT COURT [Mar. 

Benjamin Kimball v. Nathan Webster. Trespass. Ver- 
dict for plaintiff, the land in controversy.* 

and at another time at his father Singletary's in Haverhill. 
Joseph Peasly testified to the same. Sworn, 21 : 12 : 1680. 

Peter Green deposed. Sworn, 21 : 12 : 1680. 

Moses Morrell, aged about twenty-five years, deposed. 
Sworn, 21 : 12 : 1680. 

Nath. Griffin, aged about thirty years, deposed that Isaac 
Morrell had a bay mare, with a black mane, black tail and a 
blackish list along her back, etc. Sworn, 21 : 12 : 1680. 

Joseph Clarke deposed that he, being at his brother, Matthew 
Clarke's house, when Morrell demanded the mare, etc. Sworn, 
Feb. 21, 1680. 

Joseph Peasely deposed. Sworn, 21 : 12 : 1680. 

Benjamin Greele deposed that he asked Haniel Clarke in 
deponent's father's mill, etc. Sworn, 21 : 12 : 1680. 

Jacob Morrell, aged about thirty-two years, deposed that 
his brother Isaac Morrell, etc. Fawne Clement also deposed. 
Sworn, 21 : 12 : 1680. 

Isaac Morell'st reasons of appeal, received Mar. 22, 1680, 
by Nath. SaltonstalI,t assistant. 

Matthew (his mark) Clarck's reasons of appeal. 

Isack Moril's bill of cost. Hi. 16s. 4d. 

*Writ: Benjamin Kemball v. Nathan Webster; trespass; 
for coming upon part of that land in Bradford near Webster's 
present dwelling, which said Benjamin purchased of Hugh 
March, sr., who formerly bought it of John Griffing; dated 
Mar. 18, 1680-81; signed by Nath. SaUonstall,t assistant; 
and served by Nathan Webster, t constable of Bradford. 

Copy of record of Ipswich Court, Apr. 1, 1679, Daniell 
Wicom V. John Griffing. Griffin acknowledged judgment to 
Wicom. Copy made by Robert Lord,t clerk. 

Execution, dated July 8, 1679, against John Griffin, to 
satisfy judgment, signed by Robert Lord, cleric, and served 
by Robert Lord, marshal, by attachment of five acres of land 
appraised by Robert Clements, Ezekiell Mighill and Samuell 
Hazeltine, bounded by land of Salem men, Griffen, the road 
leading to Haverill river ferry and Ben. Kimball. Copy 
made by Robert Lord,t cleric. 

Benjamin Kimball's bill of cost, 21i. Is. Id. 

Samuel Tyller and Richard Kimball deposed that Nathan 
Webster was carrying off wood from the ground, etc. Sworn 
in court. 

Deed, dated Dec. — , 1679; given by Daniell Wicomf and 
wife Mary, both of Rowley, to Nathan Webster of Bradforth, 

t Autograph. 



1681] RECOBDS AND FILES 69 

5 1-2 acres of land in Bradforth, formerly John Griffin's of 
Bradforth, taken by execution, possession of which was given 
by turf and twig. Wit: Phillip Nellson* and Elizabeth 
Nellson.* Acknowledged, Dec. 10, 1679, before Daniel Deni- 
son.* Recorded, Dec. 10, 1679, among the records for lands 
for Essex at Ipswich, book 4, page 293, by Robert Lord,* 
recorder. 

Mortgage deed, dated May 3, 1679, given by John Griffingf 
of Bradford to Hugh March, sr., of Newberry, for 171i., seven 
acres of land in Bradford, bounded on the north and east by 
land of Nathan Webster, on the south by the country high- 
way, on the west by land of John Griffing, as it was lately 
laid out by Griffing and Webster, the money to be paid in 
fat beef or cattle fit for slaughter, bulls excepted, or good 
corn. Wit: Timothy Woodbridge* and Jno. March.* Ac- 
knowledged, May 3, 1679, before Jo. Woodbridge,* commis- 
sioner. Recorded, Dec. 19, 1679, among the records of land 
for Essex, book 4, page 298, by Robert Lord,* recorder. 

John March, aged about twenty-three years, deposed that, 
as his father's agent, he received the land from Griffin, and 
later the latter came down to Newbery and gave his father 
the deed of it. Sworn, 29 : 1 : 1681, before N. Saltonstall,* 
assistant. 

Ezekiell Mighill deposed concerning appraising the land 
with Robert Clemence. Sworn in court. 

Deed, dated Dec. 10, 1679, given by Hugh March, sr.,t of 
Newbury, to Benjamin Kemball of Bradford, for 301i., seven 
acres of land, according to the bounds in the deed given by 
John Griffing to said March, dated May 3, 1679. Wit: Daniell 
Ela* and John March.* Acknowledged, Dec. 10, 1679, before 
Nath. Saltonstall,* assistant. Recorded, Dec. 23, 1679, 
among the records of lands for Essex at Ipswich, book 4, page 
298, by Robert Lord,* recorder. 

Robert Clements testified that last summer, when Benjamin 
Kemball was ploughing his Indian corn for weeding or hilling, 
he was desired by Marshal Robert Lord and John Griffing 
to appraise the land, etc. Sworn, Dec. 10, 1679, before Nath. 
Saltonstall,* assistant. 

Thomas West, of Bradford aged about forty-six years, 
deposed. Sworn, Mar. 28, 1681, before Nath. Saltonstall,* 
assistant. 

Samuell Hesiltine and John Wasson deposed that this 
land was the same, etc. Sworn in court. 

John Griffing, aged about forty years, deposed. Sworn, 
29 : 1 : 1681, before N. Saltonstall,* assistant. 

John Griffing, aged about forty years, deposed that when 
the execution was served he showed the marshal a tract of 

* Autograph. t Autograph and seal. 



70 IPSWICH QUARTERLY COURT [Mar. 

Wm. Nefif V. Jotham Hendrick and Israeli Hendrick. For 
taking away a parcel of cedar clapboards. Verdict for plain- 
tiff.* 

land of his own l3dng at the head of Salem men's land, so 
called, but he would not take it, and when he levied upon 
the land in controversy deponent told him that he did it at his 
own risk. Sworn, 29 : 1 : 1681, before N. Saltonstall,t assistant. 

John Griffing deposed that Kimball asked Webster to go 
with him to Abraham Hesillton's to get the writing, but he 
said he could not go because he was just up, it being about 
sunrise. So Kimball went and came again, as soon as he 
could get Mr. Thomas Was to come with the writing, and 
demanded a release of the agreement, but Webster said it 
was too late. Sworn, 29 : 1 : 1681, before N. Saltonstall,t 
assistant. 

*Writ: Wm. Neff v. Jotham Hendrick and Israel Hendrick; 
for taking away a parcel of his cedar clapboards at a swamp 
called Lt. Challis' swamp in Almsbury, about 2,600, worth 
40s. per thousand at the swamp; dated 21 : 12 : 1680; signed 
by Nath. Saltonstall,t assistant; and served by Robert Emer- 
son,! constable of Haverhil, by attachment of three oxen, one 
cow, one heifer and two yearlings of Jotham's, and one ox 
and cow, which Jotham Hendricks and John Stockbridg 
aflirmed to be IsraeFs. 

Joseph Peasly and James Sanders affirmed that the price 
of cedar clapboards at the swamp was 4s. per hundred. 

William Knif's bill of cost, 21i. 13s. 

Stephen Davis, aged about seventeen years, testified that 
he saw Israeli Hindraks carting away about 800 cedar clap- 
boards. Sworn, 21 : 1 : 1680, before Nath. Saltonstall,t assist- 
ant. 

James Sanders, aged about thirty-six years, deposed that 
Israel Henderick told him that he was employed by Lt. Chalis 
to carry away the clapboards, and, if he had not, he must have 
paid Lt. Chalis three pounds. Sworn in court. 

Joseph Peasly, aged about thirty-three years, deposed. 
Sworn in court. 

William Whittaker deposed that he and Sam. Simens helped 
William Neff make 3,700 clapboards. Simens told Hendricks 
that before the clapboards should be carried away in such a 
manner, there should a smoke arise. Then Jotham Henderek 
said it would be a pity to burn them, and Simens, blowing 
tobacco smoke upward, said that there were more ways than 
one, etc. Sworn, 19 : 1 : 1680-81, before Nath. Saltonstall,t 
assistant. 

t Autograph. 



1681] RECORDS AND FILES 71 

Thomas Rayment v. Thomas Hart. For withholding a 
white mare. Nonsuited.* 

Kathren Bell, daughter and administratrix of the estate of 
John Buffing v. John Bachelour. For cutting and felling 
lumber. Verdict for defendant.! 

Benjamen Singeltery deposed that Joseph Peasly was dis- 
coursing with Neff as to whose man William Witecur was 
and they both said that they had hired him and furthermore 
he went to which of their bags of victuals he would. Sworn, 
28 : 1 : 1681, before N. Saltonstall,| assistant. 

Joseph Peasly deposed that Challis agreed with Isreaell 
Hendrick to bring that parcel of clapboards down to Amsbury, 
etc. Sworn in court. 

John Whittier deposed that they were to be delivered at 
Powaoy river's mouth, etc. Sworn, 28 : 1 : 1681, before N. 
Saltonstall,! assistant. 

Nathanel Hasalton deposed. Sworn before Nath. Salton- 
stall, t assistant. 

Wm. Godsoe, aged about twenty-nine years, deposed. 
Sworn, 28 : 1 : 1681, before Nath. Saltonstall,} assistant. 

John Hartshorne deposed that Lt. Challis told him that 
William Neff spoke so honestly, he being a poor man, that 
he had freely given him the clapboards and shingles. Joseph 
Hartshorne deposed the same, being at Lt. Challis' house 
at the same time. Sworn, Mar. 19, 1680-81, before Nath. 
Saltonstall,t assistant. 

*Writ: Thomas Raiment v. Thomas Hart; for with- 
holding a white mare, with a half round notch cut in her right 
ear, also two coltsj which mare was formerly John Raiment, 
sr.'s, of Beverley and given by him to plaintiff; dated Jan. 7, 
1680; signed by Andr. Eliott,| for the court and clerk for 
the town of Beverley; and served by Walter Fayerfield,J 
deputy to Henry Skerry, J marshal of Salem. 

Thomas Hart's bill of cost. Hi. 48. 

tWrit, dated 1 : 12 : 1680-81, signed by Hilliard Veren,t 
for the court and town of Salem, and served by Henry Skerry,! 
marshal of Salem, by attachment of three swine, a cart and 
wheel, sled and some wood of defendant. 

John Marston, sr.,| and William King,^ on Dec. 17, 1680, 
appraised the damage, for Jeremiah Neale and Samuell Wake- 
field, attorneys to Katharine Bell, upon the land of John 
Bullfinch, now in possession of John Batchelor, by cutting 
timber and wood there, at 71i. Sworn, Dec. 17, 1680, before 
Bartho Gedney,| assistant. 

} Autograph. 



72 IPSWICH QUARTERLY COURT [Mar. 

At a town meeting on 23 : 11 : 1642, John Endicott, Thomas 
Gardner, Peter Palfrey, William Lord and Jeflfry Massy being 
present, Esdras Read, Brother Bulfinch, old Goodm. Scudder, 
Ralph Tomkins, John Kitching, Theop. Downing, the fisher- 
man, Nicholas Heyward, a fisherman, Wm. Boudish and 
John Abby were granted ten acre lots, to be laid out near 
Brother King's lot. Copy made from Salem book of records, 
18 : 10 : 1680, by John Hathorne,* recorder to the selectmen. 

At a meeting of the selectmen, 14 : 12 : 1675, "It being 
left to the select men to lay out a tenn acre Lott formerly 
granted to John Bourne and sould to old Weeks Itt is left to 
Phillip Cromwell, Edw' Flint & John Corwin to lay out the 
same and Nicho. Maning." Copy made from Salem book 
of records by John Hathorne,* recorder to the selectmen. 

'*Cap* John Corwin, M' Ph. Cromwel, Edward Flint & 
Nicholas Maning being apoynted to lay out a tenn Acree 
Lott to John Archer, haue p'formed the same February 1675." 
Copy made by Jo. Hathorne,* recorder to the selectmen. 

Copy of the letter of administration, made by Tho. Dan- 
forth,* recorder, dated Cambridge, Jan. 3, 1680, in which 
Katherine Bell was made administratrix of the estate of her 
father, John Bulfinch, lately deceased at Chattam, County 
Kent, old England. 

Bill of sale, dated Sept. 7, 1665, given by Samuell Freind 
of Manchester to Lawrance Leach of Salem, now deceased, of 
the mill and mill house in Bass river, with two acres of land 
adjoining, also twenty acres a little distance ofif, all on Royall's 
Neck side. Wit: Roger Conant and William Walton. Ac- 
knowledged, Mar. 28, 1681, before Bartho. Gedney, assistant. 
Recorded, Mar. 18, 1681, by HiUiard Veren,* recorder. Copy 
made by HiUiard Veren,* recorder. 

Deed, dated, May 18, 1674, given by John Leach, sr.,* 
of Salem, and wife Sarah (her mark) Leach, for 71i. lOs., to 
John Batchelor, jr., of Salem, fifteen acres in Salem, at a place 
called Royal side, having "the Common on the Southend, 
and the Southest Corner bound is a stake by y* swamp on 
the Southwest Corner tis bounded with a black oak tree by 
the Swamp side, And on the west side the Land of John Massy 
4 a piece of common on the northwest Corner the bound is a 
Stake on the north it Joynes to five Acres of Land belonging 
to the sd John Leach, on the east side joynes to the Land of 
the sd John Batchelor bounded with a stake, at the Northeast 
Corner." Wit: John Swinerton* and James Symonds.* 
Acknowledged, 15 : 12 : 1674, before Wm. Hathorne,* assist- 
ant. Recorded in the records in Salem, 26 : 12 : 1674, by 
Hilliard Veren,* recorder. 

* Autograph. 



1681] RECORDS AND FILES 73 

Deed, dated Dec. 20, 1677, given by John Gedney* of Salem, 
vintner, executor of the will of Nicholas Potter, deceased, 
John Pickman* and John Archer,* for 161i., to John Bachelor 
of Salem, yeoman, ten acres of land, formerly Thomas Wilkes', 
deceased, at or near Bass river head, in or near the bounds 
of Salem, bounded on the south and west by common land 
and on the other sides by land of John Bachelor. Wit: Billiard 
Veren, 8r.,t and Nathaniell (his mark) Pease. Acknowledged 
by Archer and Pickman, 18 : 12 : 1677, and by Gedney on 
2 : 10 : 1678, before Wm. Hathorne,t assistant. Recorded, 
8:1: 16 — , in the records in Salem, book 4, folio 181, by 
Hilliard Veren, f recorder. 

William King, aged about fifty-three years, and John Mar- 
ston, sr., aged about sixty-five years, deposed that when they 
went to appraise the damage they found the house, barn and 
land to be the land which, over thirty years ago, was John 
Bullfinch's, deceased, who formerly was an inhabitant of 
Salem. Deponents were neighbors of his most of the time, 
and it was bounded by the land now called Royal side on 
the south and on the east end by John Scudder's land. About 
twenty-two years since it lay open as common. Affirmed, 
17 : 10 : 1680, before Bartho. Gedney,t assistant. 

John Williams, aged about forty years, deposed that about 
thirty years since he lived with his father, George Williams, 
who then lived near the land now in controversy. Sworn, 
Mar. 21, 1680-81, before Bartho. Gedney,t assistant. 

Letter of attorney, dated Mar. 5, 1680-81, given by Kath- 
erine (her mark) Bell, J widow, resident of Charlestowne, 
administratrix of the estate of her father, John Bulfinch, to 
Jeremy Neale and Samll. Wakefeild of Salem. Wit: John 
Stranget and John Cotter. t Acknowledged, Mar. 5, 1680-81, 
before James Russell, f assistant. 

John Marston, sr., aged about sixty-five years, deposed 
concerning Bulfinch's lot on Ryalls neck, that in 1658 he 
went over it and it was not fenced then, and about thirty- 
five or six years since he lived upon a lot near it. Jeflfry 
Mercie often told him that Bulfinch's lot lay at the head of 
deponent's fence, adjoining Henry Cook's lot, then so called 
by those who lived there, eastward. Also Bulfinch, himself, 
before he went to England, told him the same, and Mercie 
was left to look after it. Further ''we 5 or 6 fammilies of us 
(at least 36 yere a goe) did call a plaine Rising hill in the said 
Bulfinshes lot, bulfinses hill; and so it hold that name to 
this day; this to prevent mistaks in my former testimony 
that call henry cooks lot John Senders and though John Sender 
then had bought it yet we that lined there still cald it by the 

* Autograph and seal. t Autograph. X Seal. 



74 IPSWICH QUARTERLY COURT [MeT. 

Mr. Francis Wainwright v. Richard Baoe. Debt. Verdict 
for plaintiff, in winter fish. Judgment a^^ainst him and 
Nathaniell Fryer, jr., his surety.* 

name of henry cooks lot.^' Sworn before William Browne,t 
assistant. 

William King, aged about fifty-three years, and John Mar- 
ston, ST., aged about sixty-five years, deposed. Sworn, 17 : 
10 : 1680, before Bartho. Gedney,t assistant. 

Jacob Towne, aged about fifty years, deposed that about 
thirty-five or six years ago his father, William Towne, bought 
twenty acres of land of Jeffery Massy of Salem and paid for 
it in wheat the same year. Said land, bordering upon a 
swamp at the south, was common belonging to Salem at 
Ryal side, and ran fourscore rods to the northward. When 
his father removed from Salem in 1651, he sold this lot to 
Nathaniel Felton of Salem. Sworn in court. 

William Doimton, aged fifty-three years, and Nathanid 
Felton, aged sixty-five years, deposed concerning the truth of 
King's testimony. Sworn, Mar. 28, 1681, before Bartho. 
Gedney^t assistant. 

John Leach, aged about sixty-three years, testified that, 
from the twentv acres now in controversv, he and his fath^* 
cut off wood and timber as their own by purchase from Mr. 
Frend twejity-two years ago. Sworn, Mar. 28, 1681, before 
Bartho. Gedney,t assistant. 

*Writ, dated Jan. 29, 1680, signed by Anthony Somerby,t 
for the court and town of Newbury, and served by Joseph 
Pike,t constable of Newbury. Bond of Richard (his mark) 
Bace and Nathsu Fr^-^er, jr.,t both of Portsmouth, 

Francis Wainwright's bill of cost, Ih, Is. 6d. 

Due from Richard (his mark) Bace to Francis Wainwright,t 
Dec^ 6, 1679, £14. 16s. 2d. in dry cod fish at the current 
shipping price. Wit: Simon Wainwright.t Dec. 7, by 
1 silke neckcloth, 4s,; Cheese, 4s, 2d.; 4 yds, bl. lineji at 
22d., 1 quel ru,, 8s. 4d,; honor A pott 19-, 31i, Tobacco at 
Shoals, 2s, 6d„ 4s. 1 l-2d,; Jan, 23, 1679-80, bv 3 1-2 bush, 
malt to Mr, Duncan, 14s,; Mar. 23, 7 yds, Kersy at 10s. 
31i, 10s.; 8 doE. buttons, 4s, 8d,; silke,^ 2ls.; thrid, lOd. 
6 yds. bl, linen, lis. lOd.; 1 pr, Stockins, 8s.; ribbon, 9s. 
7h, tobacco, 5s. lOd,; 1 pr, lApc, 2s. 2d,; wine, 15d., knife 
lOd., 1-2 yd. Canvas, 3s. 5d.; shoos, 8s, 6d,; Knife, 9d. 
Expences at Qu., 10s. 9d., 1 bush, of Apples, 14s, 3d,; Apr 
10, 9 l-4h. Tobacco at lOd., thrid, 4d„ Ss. 10 l-2d.; fillitin 
Ss., 5s, pd, Wm, Rohtii., Svs.; S yds, bl. linen, 13s, 4d., 1-2 yd, 
serge, 15s, 7d,; 1 barrl., 4s, 6d,, lis, pd, Elish, Bartn, 15s. 

t Autograph. 



1681] RECORDS AND FILES 75 

John Lampson v. John Sady. Slander of his wife, Martha 
Lampson. Withdrawn.* 

John Stamford v. Joseph Bond. Debt. Nonsuited. 

Samuell Pearce, executor of Abigaiil Perice, who was execu- 
trix to Robert Perice v. Job Alcock. Debt. Due to Wm. 
Quarles, and assigned by him to Robert Perice. John Gidding, 
his surety, acknowledged judgment to Samuell Perice in 
pine boards and money. 

Henry Wormwood v. Steephen Ossgood. For taking away 
his goods. Verdict for plaintiff.f 

6d.; sidr. 6d., 1-2 C bread of Peter Lewis, lis. 6d.; 1 1-2 yd. 
of Saile Canvas, 4s.; 1 1-4 C. merchantable fish, lli.; pd. 
Mr. Belchr. 5s.; 5s. upon shipping for the next voyage; total, 
£28 4s. lid. Cr., July 2, 1680, by your winter portlidge, 
£8; 13 3-4 C & 28. worth of mer. fish, £11 2s.; 4 1-2 C Refuse 
fish at lis., £2 9s. 6d.; Your share of oile, 9s. 6d.; total, £22 Is. 
Copy from the book. 

*John Sady t and wife Elezabeth confessed that whereas they 
reported through misinformation or their own misconjectures 
that Martha, wife of John Lamson, stole a fan from them, 
they had wronged her and were sorry for it. Wit: Jno. Lee^ 
and John Gould. ^ 

tWrit: Henery Wormwood v. Steven Osgood; for taking 
away his goods for payment of ten single rates which he had 
paid before to the constable of Lyn in 1676; dated Mar. 11, 
1680-81; signed liy John Fuller,} for the court and town of 
Lyn; and served by Jacob Knight, { constable of Lyn, who 
attached a brown cow which Osgood took by execution, and 
by Joseph Willson,J constable of Andover. 

Writ of replevin: for a brown cow that was taken upon 
execution from Henery Wormwood by Steeven Osgood, 
constable of Andiver, for the non-payment of the ten rates 
in 1676, when he was not an inhabitant there; dated Dec. 14, 
1680; signed by William Cowdry,J clerk; and served by 
Henry Skerry, J marshal of Salem. 

Thomas Laughton,} cleric of the selectmen of Lyn, certified 
that Henry Wormwood paid the rate made on 10 : 6 : 1676 
in their town. 

Richard Barker, Edmund Fawkner and Henery Ingalls, 
selectmen of Andover in 1675, testified that Henery Worm- 
wood was an inhabitant of Andover that year and he gave 
in his estate himself in the sixth month, by which assessment 
the seven rates given out by the General Court in October, 
1675, and the ten rates in May, 1676, were made. The ten 

t Autograph. 



76 IPSWICH QUAKTERLY COURT [Mar. 

John Kent, administrator of the estate of Patrick Eweing 
V. Rich. Dole, jr. For disposing of a barrel, etc. Verdict 
for plaintiff.* 

rates which he refused to pay were lli. lis. Sworn in the 
Commissioners' court, Nov. 17, 1679, before Dudley Brad- 
fitreet,t recorder. Copy made, Mar. 28, 1681, by Dudley 
Bradstreet,t recorder. Defendant owned in court that Henry 
Wormwood had removed from their town before the ten 
rates in 1676. 

Clement Colddom,t aged fifty-six years, deposed that 
as constable of Lyn in 1676 he received the rates, etc. 

Dudley Bradstreet,t clerk, certified, on Mar. 28, 1681, that 
he issued an execution to Stephen Osgood directed to the 
marshal of Salem, but no return had been made to date. 

Bill of cost, 33s. 

Copy of a record of Salem court, 25 : 9 : 1679, relating to 
this matter, made by Hilliard Veren,t cleric. 

Henry Skerry deposed that he delivered the cow to Steven 
Osgood by the horn, etc. Sworn in court. 

*Writ: John Kent, administrator of the estate of Patricke 
Evans, deceased v. Mr. Richard Dole, jr.; for making use of 
and disposing of one barrel of sturgeon and one barrel of 
rum, which were said Evans'; dated Mar. 21, 1680-81; signed 
by Anthony Somerby,t for the court and clerk for Newbury; 
and served by Joseph Pike,t constable of Newbury. Bond 
of Richard Dole, jr.,t of Newbury. 

Jno. Kent's bill of cost, 12s. lOd. 

Copy of a record of the Salisbury court, Nov. 11, 1679, in 
which administration was granted to John Kent of Nubery. 
He was lately on a voyage in Mr. Richard Dole's ship, of which 
one Patrick Ewing was master and said Kent mate, and upon 
the voyage home said Ewing fell overboard and was drowned. 
Kent was then master. Copy made by Tho. Bradbury,t 
recorder. 

John Kent, aged about thirty-six years, and Thomas Stevens, 
aged about twenty-nine years, testified that a year ago last 
September they were at sea in Dole's ship, called the Hope- 
well, and when Evenes was drowned Richard Dole, jr., who 
was on board, took a barrel of rum and a barrel of sugar and 
other goods of Evenes and sold them. Sworn in court. 

John Kent further deposed that Dole admitted since they 
came ashore that he sold it, and what was left he put into his 
father's warehouse. Sworn in court. 

Thomas Stevens, aged about twenty-nine years, deposed 
that he was on board ship and Dole sold part of Evenes' clothes 

tAutograph. 



1681] RECORDS AND FILES 77 

John Kent, administrator of the estate of Patrick Euen v. 
Rich. Dole, sr. For detaining him. Verdict for plaintiff.* 

to a shipmaster who was with them, and the latter carried 
them to his own ship. John Kent deposed the same and 
also that Dole took money for the goods. Sworn in court. 

Inventory of the estate of Patrick Ewing, taken Nov. 19, 
1679, by George Hewes and Steephen Greenleafe, and sworn to 
at Rowley, Nov. 20, 1679, before Daniell Denison and Nath. 
Saltonstall, assistant: one paire of rough sleeves, 18d.; halfe 
a yard of dowles, 3s.; six neckcloths at 12d. a peece, 6s.; 2 
paire of drawers, 5s.; 4 shirts, 148.; thre old silke neckcloths, 
As.; a white Jackett, 2s.; two blew shirts & one pr. drawers, 
6s.; a carpet, 6s.; a coat & briches, 10s.; cloth sute, 30s.; 
4 paire stockings, 7s.; one paire old silke drawers, 3s.; one 
old sea gowne, 14s. ; old silke wastcot, 2s. ; 6 old handchercher, 
3s. ; one silver spoone & paper of buttons, 7s. ; stuff & gunter 
scale compas, lis.; one calbush tipt with silver, 40s.; sea 
booke, 5s.; one hatt, 4s.; 18 glas bottles, 6s.; barrel of Rum, 
80 gallons, 31i.; one barrell of suger, 2 C 1-2, 50s.; one sea 
chest, 8s.; total, 161i. 7s. 6d. Copy. 

*Writ: John Kent, administrator of the estate of Patrick 
Evans, deceased v. Mr. Richard Dole, sr. ; for not paying two 
months' and twenty days' wages of Evans, as master of the 
ship Hopewell, of which Mr. Dole was owner; dated Mar. 23, 
1680-81; signed by Anthony Somerby,t clerk for Newbury; 
and served by Joseph Pike,t constable of Newbury, by attach- 
ment of thirteen tons of salt. 

John Kent's bill of cost, Hi. 18s. lOd. 

Jno. Dole, aged about thirty-one years, deposed that he 
heard his father and Jno. Kent discoursing about Evins' 
estate, and his father said that Evins' estate should pay as 
well as receive. Sworn in court. 

Men shipped upon the Hopewell, May 16, 1679: Patrick 
Evins shipped as mate at 21i. 10s. per month; Tho. Lane, 
boatswain, at 21i. per month; May 18, Tho. Stevens shipped 
before the mast at 35s. per month; Samll. Story shipped 
before the mast at 358. per month; Samll. Lowle, carpenter, 
at 21i. per month; June 20, Philip Phalut, cook, at 15s. per 
month; June 12, Jno. Kent, mate, at 45s. per month; W. 
Titcomb shipped before the mast at 35s. per month; May 9, 
Citt Cole and Will Card shipped before the mast; June 18, 
Richd. Dole, shipped merchant. Sworn in court. 

*'M' Patriack Evins. my ord' & Desier is y* Now you are 
full Loaden, to take y* first faier wind and Saile directly from 
hence to y* Island of Jameca, or to any other place in y* West 

t Autograph, 



78 IPSWICH QUABTEBLT COURT [Mar. 

Daniell Ela v. Ens. Thomas Chandler. Special verdict. 
The question of law being answered, costs were granted de- 
fendant. Appealed to the next Court of Assistants. Daniell 
Ela bound; with Ephraim Fellows, as surety.* 

Indes y* my Son Richard Dole shall or may judg best for a 
Markett suteable for such a Cargo as you have on board y* 
Ship, pray atend to his order and direction for I have and 
Doe ordaine and apoint my sd son to have y^ full and absolut 
power eyther by himself or his assigns to dispose of y« ship 
and Cargo for my best advantag; and behoof, pray be very 
CarefuU of y* ship and w* elce is Comited to yo' Charg, keep 
good order, be suer to observe y* in w* place or port soever 
you come to keep and observe y" Costom of y* place y* so 
you may avoid any trouble y* may insue for neglect thereof 
w*^ w* elce is nessecary to be done y* may Consist w* yo' Com- 
fort and my pfitt So Comitting you to y* ptection of y« Lord 
who alone is able to guide you aright and pserve you from 
all danger, give you a prosperous voyage and a safe Returne 
in due time So prays yo' Freind 
** Newbury this 16 of June Richard Dole."t 

Patrick Evins, Dr., May 15, 1679, to cash, 91i. 5s.; at Jno. 
Dole's, 43s.; paier shoos, 6s. 6d.; 9 gall. 1 qt. Rum. 27s. 9d.; 
2 bar. Mackrill, 40s.; 4 qull. fish, 45s.; 5 yd. brod Cloth, 51i.; 
1 gal. lime juse, 28.; payd Hugh March, 17s.; 137 l-41i. 
suger at 4d pd., 45s. 9d.; cash by Nath. Clark, 9s.; 14 yds. 
Doulace at 4s. p yd., 568.; cash by Jno. Dole, 5s.; cash by 
Nathanill Clark, 41i.; pr. of shoos, 7s. 6d.; glass & li., 18d.; 
1-2 pt. li. 4d.; 10 3-41i. suger, 5s. 6d.; 1-2 pt. li. 4d.; 1 qt. 
li.. Is.; a glass & li., 20d., 8s. 6d.; at old Town, 1 qt. wine, 
Is.; cash, 51i. ; two quintalls of fish. Hi. 2s.; total, 401i. 2s. 
lOd.; delivered by Jno. Dole, 13s. 

John Kent, aged about thirty-six years, and Thomas Stevens 
aged about twenty-nine years, testified that Evines was 
master of the ship from June 23, to Sept. 13, 1679 and said 
Kent was mate of the said pink Hopewell. Sworn in court. 

Jno. Dole, aged about thirty-one years, testified that in 
June, 1679, he heard Evins promise his brother Richard 
Dole that, if he would let Will. Card go with them, he would 
pay for Jno. Kent's boy's victuals or passage. Sworn in 
court. 

Richrd. Dole, aged about twenty-eight years, testified that 
his father, Richard Dole, etc. Sworn in court. 

♦Writ: Daniel Ela of Haverhill v. Ens. Thomas Chandler; 
for, as partner with said Ela and Mr. Shubael Walker, being 
bound to Capt. Thomas Brattle of Boston by bill dated Aug. 8, 

t Autograph. 



1681] BECORDB AND FILES 79 

1671, for a debt contracted by them in building and rigging 
a vessel or ketch at Haverhill in 1671, called Patience and 
Betty, not paying his share, whereby plaintiff was sued in 
the Commissioners' court in Boston; dated Jan. 12, 1680; 
signed by Nath. Saltonstall,* assistant; and served by Joseph 
Willson,* constable of Andover, by attachment of pasture 
land before defendant's door. 

Writ : Thomas Brattle v. Thomas Chandler, Shuball Walker 
and Daniel Ela; debt; dated Boston, June 2, 1680; signed 
by Nath. Barnes,* for the court and town of Boston ; and 
served by Returne Waite,* marshal of Suffolk. Bond of 
Daniell Ela.* 

Summons, dated June 26, 1680, for the appearance of Ensign 
Thomas Chandler of Andover, before the Commissioners' 
court at Boston, signed by Nath. Saltonstall,* assistant. 

Daniel Ela's bill of cost. Hi. 15s. 2d. 

Bill of sale, dated Nov. 8, 1671, given by Daniell Elaf of 
Haverhill, tanner, for 391i. 3s. 6d., to Ensign Thomas Chand- 
ler of Merrimack, one-third part of a small ketch, of 18 tons, 
called the Patient Betty, now riding at anchor in the river 
of Merrimack at Haverhill, with one-third of all her furniture, 
as anchors, cables, tackles, ropes, blocks, sails, masts, yards, 
iron work, as fitted for sea. Wit: John Griffin* and John 
Anbble.* 

Daniell Ela affirmed that he offered to give Chandler money 
for his journey to Boston court as a witness, but he refused 
to go, etc. 

Bond, dated Aug. 8, 1671, given by Thomas Chandler*, 
Shubaell Walker* and Daniell Ela* to Tho. Brattle, for 91i. 
12s., for a piece of goods. Wit: John Allen* and Moses 
Wheat.* Sworn by Wheat at Concord, June 5, 1680, before 
P. Bulkeley,* assistant. On Mar. 25, 1681, Mr. Shubael 
Walker testified that Tho. Chandler signed this bill, before 
N. Saltonstall,* assistant. Receipt, dated 1671, from Tho. 
Brattle* to Shuball Walker. Receipt, dated June 29, 1680, 
from Tho. Brattle* to Daniell Ela, for 51i. 17s. 6d., for a bill 
in which Mr. Knight and Mr. Pecker were bound with Ela. 

Bond, dated June 29, 1680, given by Daniell Ela,* with 
Rich. Knight* and James Pecker* as sureties. Wit: Thomas 
Brattle, jr.,* and Katharine Eyer.* Receipt, dated Nov. 29, 
1680, for his father, signed by Tho. Brattle, jr.* 

Tho. Brattle sold these goods to the partners on Aug. 8, 
1671: 1 Coyle of rope, 1 C : 1 : 13 at 3s. per C, 41i. 2s.; 15 C. 
of great nayles at 3s. per C, 21i. 5s.; 8 Cod lines at 3s. per 
piece, 2 dozen of codd hookes, 6s., Hi. 10s.; 3 yds. of Sacking, 
3s., 2 large barrels of tarr at 32s., Hi. 15s.; total, 91i. 12s. 

* Autograph. t Autograph and seal. 



80 IPBWICH QUARTEBLY COURT [Mar. 

Daniell Poore v. Walter Wright. Trespass. Verdict for 
platintiff, the meadow in controversy.* 

Thomas Brattle, aged about fifty-six years, made oath, at 
Boston, Mar. 22, 1680, before John Saffin,t commissioner. 

Thomas Chandler's bill of cost, 14s. 2d. 

Articles of copartnership, dated July 15, 1671, among 
Thomas Chandler, { Daniel Elal and Shubaell Walker, | said 
Ela having a boat covenanted for with William Sterling, 
now building, they agreed to share thirds on the said boat, 
for the hull and rigging, until it be fit to go to sea, either in 
the winter or spring, etc. Wit: James Peckerf and John 
GriflSng.t Sworn, Feb. 22, 1680, by Ensign James Pecker 
and John Griffing, before Nath. Saltonstall,t assistant. 

Shewbal Walker deposed. Sworn, 25 : 1 : 1681, before 
N. Saltonstall,t assistant. 

Shubael Walker, aged about forty-two years, deposed that 
Daniel Ela had charge of the undertaking and was to go 
master of the ketch, having the grand bill of sale from the 
builder. Sworn, 28 : 1 : 1681, before N. Saltonstall,t assist- 
ant. 

*Writ: Daniell Poor, sr., of Andover v. Walter Wright; 
trespass, in carrying away a load of hay from his meadow, 
commonly called his pond meadow; dated Mar. 23, 1680-81; 
signed by Dudley Bradstreet,t for the town of Andover; 
and served by Josep Willson,t constable of Andover. 

Daniell Poor's bill of cost, 31i. 

Grants to Daniell Poor, signed by John Osgood,t Nathan 
Parker,t John Frie,t Richard Barker,t John Lovjoyf and 
George Abbuttrf a four acre lot, bounded south by land of 
Nathan Parker that he bought of said Parker, north and 
west by land of John Aslete, and east by a swamp; two acres 
below the falls over the Shashine, bounded on the east by 
land of Richard Barker, on the north by Merymack, on the 
west by a swamp and on the south by John Fryes land; seven 
acres over Shashine, bound on the east by the river, on the 
north by the spring, on the west by the hill and on the south 
with the fence, four acres being land given for divisional land 
of Shashine and the other three acres for two acres of divisional 
land; fourteen acres on the plain above Joseph Parker's 
meadow, bounded on the west by land of Solomon Martinge, 
on the south by land of John Stevens, on the east by land of 
Richard Barker and on the north by John Aslet's land and 
the swamp, two acres being given him for two acres of his 
house lot and the other twelve for his division land; in the 
neck eight acres of land, bounded north and west by Shashine 

t Autograph. t Autograph and seal. 



1681] RECORDS AND FILES 81 

river, south by the swamp, east by John Rosis and Will. 
Balerd's land and the way that goes to Shashine; land for 
an acre on the west of land given to Bengemen Woodbrige, 
bounded on the south by the swamp and the Shashine river 
on the west and on the north by his own land; for fencing, 
all the waste land in the new field on the south side of the 
way that goes to Shashine field, not given out; five acres of 
meadow in Wade's meadow in the west of the Mesketoe river, 
bounded on the north by Richard Barker's meadow, on the 
southeast by a creek that comes out of Mesketoe river, and the 
meadow of Nathan Parker on the south, a stake on the south- 
west and upland on the west; a meadow above Shashine field, 
for three acres, with a meadow lying southeast of that meadow; 
two and a half acres of meadow in the north side of the pond 
above John Ros and John Lovejoy's, bounded by the pond 
on the south, upland on the west and east and by a white 
oak and maple on the north. Compared with the original 
by Dudley Bradstreet,* recorder. 

John Granger, aged about twentynsix years, testified that 
some time last July being at his father Poor's meadow, called 
the Pond meadow, with Joseph Moreing, and having mowed 
it, Walter Wright, Moses Haggot and a boy were loading 
the hay and carrying it away. Deponent forewarned them, 
but to no avail. The hay was worth 8s. and the meadow 61i. 
Sworn, Mar. 25, 1681, before Nath. Saltonstall,* assistant. 

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 y* Inhabitants of 
Andover att a Generall Towne Meeting y* 18*^ of January 
1663, Testifying and declaring that y* persons impowred by 
the Genii. Court w*^ 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 
receiued 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 Genii. 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. 



6 



82 IPSWICH QUARTERLY COURT [Mar. 

according to psons Comming to y* Towne, or as att their 
first planting here, was agreed upon & practised. That 
agreement made of late w*** seuerai young men excepted, to 
whome only houselotts & their diuision 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 s** Inhabitants, 
att their first settling here, & since, hath not been soe carefull 
and exact, as they might and should haue been, for y* 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 y* owners thereof. Upon serious Consid- 
eration whereof, & that all mens proprieties & inheritances 
may be made clear and Certaine, whilst things are fresh in 
memory, & aH disputes & questions about y« same may be 
preuented, and avoyded for time to Come, the s** 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 Love joy 
impowring them to view & examine all gifts and graunts made 
to pticular psons, from y* 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 y* hands of some fiue of them, which being 
done, are to be recorded in y" Towne booke, and to be esteemed 
& accounted as valid & authentick, as if they had been entered 
and recorded at y*» time when they were graunted, though y* 
day & year of such graunts be not mentioned nor remembered. 
And for all other graunts or pretended graunts or claims of 
land, y* may be made by any pson or inhabitant, & cannot 
be cleared to y® satisfaction of y* seauen men or some fiue of 
them (as aforesd) the recording thereof is to be suspended 
till their title be cleared, either to y* seauen men as aforesd 
or y* Towne in Gen*^ leaning such claimes of pretended grantee 
to proue or make good his title or interest otherwise as he can. 
And this book to be accounted jr* only Towne book of Andoe' 
for y* recording of lands graunted by y* 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. 



1681] RBCOBDS AND FILS8 83 

Mary Davis, administratrix of the estate of Ephraim Davia 
y. 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 Love joy, 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,t 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, 31i. 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, Hi. 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 y* s** old 
man did lett to me for his owne he haueing reserved that peece 

t Autograph. 



84 IPSWICH QUARTERLY COURT [Mar. 

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, lOOli. 2s.; Cow Comans, 201i.; to ox Comans, lOli.; 
to akers and half of medow, 121i. 10s.; 4 cowes, 181i.; 150 
akers of land not in the inventory, 151i.; 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, 1751i. 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. 



1681] RECORDS AND FILES 85 

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, 781i.; Ephraim gave in one cow, 
41i. 10s., and ten sheep, 51i.; Samll. gave in 45 acres of upland, 
781i. 15s.; 2 1-2 acres of east meadow, 121i. 10s.; James gave 
in 2 acres of east meadow, lOli., 5 acres of Pond meadow, 121i., 
2 1-2 acres at the lower meadow, 41i., and 8 commonages, 
301i., 220 acres of third division at Spickett falls, 451i., 5 acres 
of third division, some at Spickett falls and some at the meadow 
commonly called PoUecy meadow, 121i., 39 acres of upland, 
1361i. 10s. ; 300 acres of fourth division land, 301i. His wear- 
ing clothes were appraised by James Pecker of Haverhill and 
William Sargent of Amsbery at 31i. 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. 



86 IPSWICH QUARTERLY COURT [Mar. 

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 Haver hiU, 
dated Mar. 17, 1675-6, brought into Salisbury court, Oct. 14, 
1679: ** knowing assueredly y* all men are mortall, & y* young 
men may die suddenly & old men must die & how suddenly 
my owne time maybee in these desolating times wherein y* 
enemy seeks y* destruction of our New England Israeli . . . 
I giue to my sone John Davis all my third division of land in 
Haverhill w*'* all y« additions belonging to it according to y* 
grant of y* towne of Haverhill together w*^ my third division 
of meadow in haverhill. I giue unto James Davis y* sone 
of my sone John Davis y* one halfe of my forth division, or y* 
full right to y* one halfe of my forth division of upland in 
Haverhill, it beeing not yet layd out I giue to my sone Ephraim 
Davis all y* land being thirty acres more or less w* hee hath 
built upon joyning to y* great playne in Haverhill I giue him 
also y* halfe of my East meadow w* I made use of for my 
selfe, I give him also all y^ sheep and other cattle w** hee hath 
of mine in his hands. I giue to Steven & Ephraim Davis y^ 
sonns of my sone Ephraim Davis y* 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 fine 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' y^ one halfe of my pond meadow & also y* goods of mine 
w* her husband hath in his possession excepting only my 
warming pan. I giue to James Gild y* sone of Sam^^ Gild 
y* one halfe of my pond meadow, my daughter Sarah or one 
in her behalf e 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 Jn° 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 HaverhilK Wit: Nath. 
Saltonstall,* assistant. 

* Autograph. 



1681] RECORDS AND FILES 87 

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.f 

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 
KnoUton, 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. 

fWrit, 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. Hi. 17s. 

Bond, dated Mar. 15, 1678, given by Thomas (his mark) 
Baker to Edward Waldern of Wenham, for the payment of 
301i. in corn, English goods, cattle and money, for land, to be 
paid at the now dwelling house of said Waldern in Wenham. 
Wit: Tho. Fiske§ and Robert (his mark) Hibbert. 

Letter of attorney, dated Feb. 25, 1680, given by Nathaneel 
Waldrenll of Salem to his brother-in-law, John Hibbert, of 
Wenham. Wit: Nathaniel Felton§ and Benjamen Fuller.§ 

tSalisbury presentment. 

§ Auto^aph. II Autograph and seal. 



88 IPSWICH QUARTERLY COURT [Mar. 

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 51i., 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 MaskoU 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,t 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 y* 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. 



1681] RECORDS AND FILES 89 

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 31i. 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: f 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 Pirkinsif ''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 fouUishly 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 Spoflford, 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. 



90 IPSWICH QUARTERLY COURT [Mar. 

Luke Perkins, for base words against the minister, was 
sentenced to be whipped.* 

mon thing that what Luke's wife sayes he will 43ay 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 Nortonf 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 dsiy 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, 
'*0 bety you are wellcome to towne." This discourse was at 
the Quartermaster's house. Sworn in court. 

John Sady affirmed concerning what Israeli 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.f 

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. 



1681] RECORDS AND FILES 91 

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. 

Bill of cost of Nathan Webstor,t constable of Bradford, who 
went three miles to seek Thomas Bettis, etc., 10s. Samuel 
Hart was bound for said Bettis' appearance at the next Ipswich 
court. Sworn, Mar. 18, 1680, before Daniel Denison.j 

Thomas Bettis' declaration: *'my master haith this mani 
yeares beaten me upon small or friuelouse ocasion I haue 
indeuored to please and giue my master content but I seldom 
can: he brocke my hed twice, strucke me one the hed w*h 
a great stick : w^'h stick was tow long to strike me in the house 
for the flore: he brocke it upon his knees and then he strok 
me one the hed and stounded me I fell downe against the wall: 
the blood ran downe all my cloths to my feett my master 
tooke me up and washed of the blood w*^ a pigin of watter 
he feched sum suger and bound it up w*h a cloth I was so 
disie all day that I cold nethr well se: or stand up right: 
my Arme wos so sore w*h beating me att the same time that 
it was all black and blew: I cold not lift it up to my hed: 
yett my master wold haue me goe to worke as sune as I cold 
and becase he had so beat me that I cold not keepe up w*^ 
my cumpani as I used to doe: my master told me that I 
was a hipokritte: after this I was abused seuarall times by 
him: one time he tied me to a beds foott: another time to a 
table foott: and also to a cradell foott and euery time beate 

t Autograph. 



92 IPSWICH QUARTERLY COURT [MeF. 

Andrew Peeters was allowed costs in an action brought by 
Luke Perkins and his wife Elizabeth and not prosecuted.* 
Francis Quilter was fined upon her presentment.f 

me cruely: and I was almost starved for want of cloth in the 
winter season in spesall when I stood in most need of cloths 
my first dame wold allwaise diswade my master and prayed 
him not to beate me: but this dame sets him one: I haue 
bin so abused that I am afraid to line w**^ him ani more or 
ani longer and if your honars please to order me to line w*^ 
ani other master I am willing, but not to liue w*h him." 

John Boynton, aged about thirty years, deposed. Sworn, 
25 : 1 : 1681, before N. Saltonstall,| assistant. 

Shu. Walker, aged about forty-two years, deposed that he 
lived near John Simmons and Bettes was a very naughty boy, 
etc. Sworn, 23 : 1 : 1681, before N. Saltonstall,J assistant. 

Samuell Emarson, aged about seventeen years, deposed 
that he had lived with his master Simmons about four years 
and Bettis was very rude in the family whenever his master 
was away, etc. Sworn, 25 : 1 : 1681, before N. Saltonstall,^ 
assistant. 

Martin Forde, aged about twenty years, deposed that he 
heard Betts say that his master allowed him enough to eat 
and drink, etc. Sworn, 25 : 1 : 1681, before N. Saltonstall,^ 
assistant. 

Nathan Webster, aged thirty-five years, deposed that in 
winter Betteys came to my house without any hat and very 
thinly clothed, etc. Sworn in court. 

John Grant, aged about twenty-two years, deposed that 
living at Simmons' house, he had seen the latter beat Bettys 
«o that he fainted. Also that at one time he tied him to a 
cradle, having pulled off all his clothes to his shirt, and whipped 
him with three cords tied to a stick so that he brought blood, 
while he asked the boy if he loved him. The boy said yes 
and he beat him again. At another time, when the boy was 
going out to work, Simons called him in and bade him blow 
the fire, etc. Sworn in court. 

* Andrew Peeters' bill of cost, his journey from Specket, 
two days, also John Gamage's charge from Specket and return- 
ing home again, etc.. Hi. 17s. Id. 

fAnswer of Frances (her mark) Quilter, widow, to her pre- 
sentment: that the presentment was two years old and there- 
fore void; that the pewter or pot which she was accused of 
taking was found in her husband's woodpile, upon their own 
ground, by her maid servant the day her husband Quilter 
died, which was about two years ago; that she supposed her 

X Autograph. 



1681] RECORDS AND FILES 93 

Walter Fairefield being presented by the selectmen of Wen- 
ham to keep an ordinary or house of public entertainment 
there, court granted the petition for the present accommoda- 
tion of strangers only according to law. For the future, 
neither he nor any other ordinary keeper should have liberty 
to be an attorney or plead in open court in any case but his 
own, and the selectmen were given liberty to nominate any 
other meet person, and present him to the court for an ordinary 
keeper, who did not follow the law, as Walter Fairefield had 
done.* 

John Marsh had his license renewed for a year. 

Samuell Colby of Amesbury had his license renewed for a 
year. 

William White of Haverill had his license for cider renewed 
for a year. 

John M ighill had his license renewed for a year. 

John Spark had his license renewed for a year, also his 
license to draw liquors. 

husband had laid it there to keep it from her, as he did his 
money; that she might, as they allege, have ordered her 
servant to set it in the oven, as she was troubled, her husband 
being at the point of death; that although she sold it to her 
sister, who afterward went out of the town, yet she was an 
inhabitant when she sold it, and to say that she sold it out of 
town was not true. 

Francis Youngf deposed that there was a pewter chamber 
pot lost from Mr. John Waynright's while he lived there. 
Frances Quilter told her she sold it to her sister Woodman 
for 3s. Deponent said if it were Mr. Waynright's, it had 
letters on it. Her maid Peggy said she saw the letters and 
that her mistress put the pot in the oven while the goods 
were inventoried. Deponent told her that he would send 
the constable of Nuburye to search her sister's house, where- 
upon she sent her maid to Nuburye to get it. It had a J 
and a W plainly upon the handle. 

Ann Pegea, aged about seventeen years, deposed that the 
day Joseph Quilter was looking for the money, her dame told 
her to bring in the pewter for fear he would get it. There 
were three letters upon the upper part of the handle, J. E. W. 

*Copy of the approbation of the selected townsmen of 
Wenham, Richard Hutten, Richard Dodg, William Fiske and 
James Freind, given, Jan. 3, 1680, at a town meeting. 

t Autograph. 



^4 IPSWICH QXTABTERLY COURT [Mar. 

Edward Hassen had his license renewed for a year. 

Quartermaster Perkins had his license renewed for a year, 
also for wine and liquors. 

John Stone of Beaverly had his license renewed for a 
year. 

Peeter Duncan had his license renewed for a year, also 
for wine and liquors. 

John Bullock had his license renewed for a year.* 

Peeter Pate, presented for absence from his wife, told what 
means he had used to get her to come and live with him. 
Court ordered him to make arrangements with some master 
of a vessel that goes to Virginia to bring her and report to 
the court under the master's hand what had been done. He 
was to pay costs to Andrew Greely and Aires, t 



*Copy of the approbation of the selectmen of Salem, on 
29 : 1 : 1681, by John Hathorne,| recorder. 

t James Pecker, sr.,| of Boston, sometime an inhabitant 
at Haverhill, certified, on Jan. 17, 1680, that upon request 
of Peter Patta of Haverhill in 1679 he took letters which 
Patta had written to be delivered to his wife, if alive, at Var- 
ganah. The letters were not sealed and he asked said Pecker 
to read and direct them to the places where she might be. 
Patta earnestly desired her to come to him in New England, 
said he would pay her passage and gave her other encourage- 
ment. Pecker delivered the letters to men who would be 
careful of them, but he never heard anything from them, 
although he had inquired of men who came from the same 
town to which the letters were directed. 

** Peter Pa tee having lived neare three yeares in this Country, 
& bene in service in the warr, & somewhat wounded, & living 
without offence in the Towne of Haverhill for some space of 
Time, as I am Informed, I doe allowe him to dwell in the 
Country. Dated 9'*» of April 1678. Samuel Symonds,} 
Dep. Govern." 

George Browne} deposed, on Mar. 27, 1681, that when the 
Deputy Governor gave an order to Pate to remain in the 
country deponent told the court that he had left his wife in 
Virgini and that he was a wounded man. Ensign Pecker 
engaged to send the letters to Virginia, etc. 

Nathaniel Ayer deposed that he heard Peter Patye say a 
year and a half 6t two years ago that he had left a wife and 
child in Verginia about two years before. Sworn, 26 : 1 : 
1681, before N. Saltonstall.J 

t Autograph. 



1681] RECORDS AND FILES 95 

William Longfellow, acknowledging the crime of killing a 
bullock of Joseph Plummer's, valued at 41i., was ordered to 
pay 121i. to said Plummer.* 

Samuell Shepard of Haverhillf certified. Mar. 29, 1681, 
that he wrote the letters for Peter Pateye. 

•Warrant, dated Dec. 17, 1680, for the apprehension of 
Willm. Danforth and William Longfellow, also summons to 
Philip Squire and Mary Smith as witnesses, signed by Daniel 
Denison.t The constable of Newbery was directed also to 
search for a hide and horns of the beast. 

Willm. Danfort and William Longfellow confessed that, on 
Oct. 25, at night, they with Philip Squire killed a red brindle 
steer which they believed to be Joseph Plumer's and Long- 
fellow carried the quarters into William Danfort's house. 
Owned before Daniel Denison.f 

Joseph Plumer's bill of cost, 21i. 2s. 8d. 

Willm. Longfellow'st petition: "That your unworthy 
petitioner doth fall down at your Worships feet & in all peni- 
t(nt wise as formerly) doth confess his fault that he is now 
Legally Convicted of, that is of a very odious nature; & is 
deeply sensible of Goods dishonour this Court's trouble the 
greife of his friends & Injury to his Neighbour which by this 
his high handed wickedness he hath scarce Enjoyed himselfe 
ever since y^ Commission; & doth himself Earnestly, & de- 
sires y* otheres may with him begg God's pardon of it And 
moreouer doth humbly craue leaue to inform your Worships, 
that besides y® naughtyness of my own heart, I was for a 
Considerable time frequently & earnestly solicited to join 
in doeing what I did; & after y* fact prevailed with by the 
saime ill meanes not to discose it And the guilt of my Crim 
laid so Heauy on me that I Confessed the saime before Arested 
for it; your poore petitioner being also sencible of the Low 
Estate of his famely occationed in a great measure through 
my own defalt doth with all Lowly submission beseech this 
honoured Court that my sentence may be with as much grace 
& fauour as may consist with a suitable Testymoney against 
so grevous a Transgression of the Lawes of God and this 
Jurisdiction Hopeing that through y« supply of god's Grace 
it shall be, efficatious to warn others to fly sin and especially 
your unworthy Petitioner who shall humbly submit to; & 
ever pray for your worships." 

Edward (his mark) Lumas of Ipswich, on Dec. 20, 1680, 
gave bond for William Longfellow's appearance 

Philip Squire, aged about twenty-five years, and Mary 
Smith, aged about twenty-six years, deposed that they lived 

t Autograph. 



96 IPSWICH QUARTERLY COURT [Mar. 

Henry Bennet and Wm. Hayward not bringing into court 
Wm. Danford their bond was declared forfeited. Said 
Danford was committed to goal upon complaint of Joseph 
Plummer concerning an ox and bailed by Henry Bennet and 
Wm. Hayward of Ipswich, who could not bring him in because 
they did not know where he was. Court ordered that the 
sum in the bond be levied, 61i. of it to be delivered to William 
Longfellow, his partner in the said offence, in part of the 121i. 
ordered to Joseph Plumer by law for his ox, and that 20s. be 
delivered to Robin Robinson, the Scotchman, for satisfaction 
for his pigs that he lost.* 

Edward Phelps was fined for drunkenness.f 
John Browne was admonished upon his presentment. { 
Tho. Joanes of Manchester dying intestate, his sons Abra- 
ham Joanes, Tho. Joanes and Ephraim Joanes were appointed 
administrators, and they brought in an inventory in two 
papers which they filed. 

Haverill was presented for not having a schoolmaster, but 

at Wm. Danford's the latter end of last October when Long- 
fellow was there and they planned to kill the steer. They 
led the steer behind the hill on the back side of the house, 
and Longfellow held him by the horn and the rope and Dan- 
forth struck him down. Longfellow struck him two more 
blows and then said to Squire, 'Thilip doe you tacke the 
axe and strike ablow that you may be one of us or else you 
will discouefer us." After they had flayed and quartered 
him, Longfellow took a sheet, laid it on his shoulders and 
brought the four quarters to Danford's, leaving Squire to 
bury the hide in the pine swamp near the house. Sworn 
before Daniel Denison.l 

*Bond, dated Dec. 18, 1680, given by Henry Benet§ and 
William Hayward§ for William Danford's appearance. 

tWill. Say ear testified that he saw Edward Philps of An- 
dover so overtaken with drink that he was not rational in 
words or behavior and reeled like a drunken man. At that 
time Mr. Rich. Dole admonished him. Sworn, 30 : 1 : 1681, 
before Nath. Saltonstall,§ assistant. 

{John Brown, glazier, of Ipswich, was presented for dis- 
orderly behavior in his own house by reason of which his 
wife and children were forced to forsake the house and also 
for spoiling his own goods. Wit: Roger Dorby and John 
Edwards, sr. 

§ Autograph. 



1681] RECORDS AND FILES 97 

finding that some provision had been made for teaching chil- 
dren, they were released. Court further ordered that the 
town before the next Ipswich court provide an able and meet 
schoolmaster who will constantly attend that service, and 
that the school be kept near the centre of the town.*** 

Sarah Lambert, for fornication, was ordered to be whipped 
or pay a fi|ie. 

Joseph Williams was appointed administrator of the estate 
of his mother, Jane Williams, and brought in an inventory. 

Richard Holmes was fined upon his presentment.! 

*Copy from the selectmen's book for acts and orders, taken 
on Feb. 4, 1680, by Nath. Saltonstall,^ recorder for the town 
of Haverhill: ''The 5*^» day of March 1679-80. Considering 
y* great necessitie of helping children & youth & others in 
y* knowledge of God, & his Holy wayes, y* which one great 
help to attaine unto is Reading, And y* writeing is also very 
necessary; Therefore Wee have taken as much care as wee 
can Wee have made choice of Rob* Ford for to teach all 
those to write & also Arithmetick y* shall come to him for 
y* end; & 3^ s** Ford have engaged to doe this worke, & to 
pforme 3^ duty of a Faithfull Schoolemaster dureing this 
yeare only. And for Reading, Wee have chosen y« wife of 
Rob* Collins & agreed w*** her; And also w*^ y* wife of John 
Maccallum w*** her consent, And also y* wife of Robert Hast- 
ings. All these for to take children & youth to read. We 
have also published this above written y« first Traineing day^ 
that was in this yeare in our Towne. Daniel Lad, senir„ 
George Corlis, Thomas Ayers, Robert Ford, Josiah Gage." 

fMary Grant's bill of cost, 17s. 6d. 

Samuel Philips J testified that Good wife Grant, being ill 
and full of pain, from a fall which brother Holmes was, as she 
said, accused of, caused by a thrust upon her breast, whereby 
she was thrown backward upon the ground, sent for him. 
She was ill as was evidenced not only by her complaint, but 
by her countenance and inability to rise from her seat. She 
acknowledged that she had spoken foolishly against deponent 
and he said he was satisfied. 

WUliam Duty testified that last fall, being at his master 
Harris' door, he saw Goodman Holmes in his orchard chasing 
a hog with his dog, and having a stick in his hand that was 
in the fence when he went over it. The hog was Goodman 
Grant's and the latter's wife ran to scare the dog off, whereby 
Holmes pushed her down, and when she cried out to her 
husband, Holmes said she fell down herself. 

t Autograph. 



98 IPSWICH QUARTERLY COURT [Mar. 

Mary Grant was admonished upon her presentment.* 

Tobiiah Perkins was sworn constable for Topsfield. 

George Abbot was sworn constable for Andover. 

Mr. Samuell Worster dying intestate, court granted admin^ 
istration upon his estate to Elizabeth Worster, the widow, 
who brought in an inventory amounting to 3841i. 9s. clear 
estate. The widow was ordered to have 541i., and the rest of 
the estate to be equally divided among the eleven children, 
the eldest son to have a double portion, each share amounting 
to 271i. The house, barn and 200 acres of land were bound, 
the children's portions to be paid at age, and the widow to 
have the estate for the bringing up of the children. Should 
the estate diminish without fault of the administratrix, pro- 
Ann Downes testified that her dame was very ill, etc. 

Mary Grant testified that she was so injured that she doubted 
if she ever would be as well as she was before. 

John Grant testified to the injury his wife received. 

Mary Grant testified that, speaking in a friendly way to 
neighbor Holmes about mending fence, he said that she de- 
served to have a rope around her neck for meddling with 
49uch things. 

Rowley presentment. 

^Elizabeth Broadstreet and Elizabeth Holmes deposed 
Ihat, being at the house of Nathl. Harris last week and the 
wife of Jno. Grant being present, the latter said it would not 
be long before Elizabeth's father would have to appear in 
court in the case with her, and pointing to Holmes' house 
said it was the murdering house. Sworn in court. 

John Harris, sr.,t testified that his near neighbors, John 
Grant and his wife, were as far as he had had dealings with 
them, neighborly and loving, etc. 

Samuell Mighell, aged about fifty-one years, Elizabeth, 
his wife, aged about forty-six years, and Abraham Jeuit 
and Johnathan Hariman deposed that they being at Samuell 
Mighell's house last Indian harvest, Mary Grant told Richard 
Holmes that he was a bastard of the worst sort. She also 
said, "You a chirch member, you are not fit to liue upon the 
earth." 

Elizabeth Mighell deposed that from her house she saw 
Richard Hoomes and Mary Grant come from the field gate 
and heard him say "if I cannot deall with you athoriti can/' 
She replied that she did not care for authority, for the magis- 
trates, for the ministers nor for the Governor himself. 

t Autograph. 



1681] RECORDS AND FILES 99 

portionate abatement was to be made on the children's por- 
tions. 

Sarah Stickny, widow, was ordered to be whipped for for- 
nication, unless she pay a fine.* 

Obadiah Wood, presented for selling beer and cider without 
a license, was fined, but the fine was respitted until the court 
should take further order, f 

John Downeing was fined for being drunk. | 

Mrs. Margret Bishop d3dng intestate, administration upon 
her estate was granted to her son Samuell Bishop, who brought 
in an inventory amounting to 7101i. Samuell Bishop bound. 

Whereas the house and land of Obadiah Bridges was bound 
for the payment of the children's portions, 161i., court released 
the house to Nath. Rust, he .giving as security six acres of 
meadow at the west meadows with his own bond of 301i. for 
the payment of the said portion. Said Rust was bound. 
. Administration upon the estate of Thomas Joanes of Man- 
chester was granted to his sons Abraham, Thomas and Eph- 
raim Joanes, who brought in an inventory. 

Mr. Samuell Worster dying intestate, administration upon 
his estate was granted to Elizabeth Worster, the widow. 

Jane Williams dying intestate, administration upon her 
estate was granted to Joseph Williams, her son, who brought 
in an inventory. 

Benjamin Lowle was licensed to make sturgeon, provided 
he deliver to the marshal for the use of the court yearly one 
"joale" of sturgeon. 

Thomas Teuksbury, complained of for absence from his 
wife contrary to law, was ordered to depart to his wife before 
the next court upon penalty of 201i.§ 

*Newbury presentment. She had a child born in January 
last. Wit: Elizabeth Brown and Sara Hains. 

flpswich presentment. Wit: Sergeant Waight and Rich. 
Bedford. 

Petition of Obadiah Wood|| that his fine be respitted. 

{Ipswich presentment. Wit: Sergeant Waight and Arter 
Abbot. 

§Newbury presentment, for absence from his wife several 
years. 

IIAutocraph. 



100 IPSWICH QUARTERLY COURT [Mar, 

List of presentments, signed by Tristram Coffin,* for the 
grand jury: 

Joseph Parker and his wife of Andover, for fornication. 

Samuel Wakfeld of Salem, for travelling on the Sabbath 
day from Andover to Salem. Wit: Leiut. John Osgood and 
Ensign Thomas Chandler. 

John Grandear and his wife of Andover, upon suspicion of 
fornication. 

'* Whereas M' Jer. Hubbert of Topsfeild hath at several! 
times, and in severall places, both publickly, and privately 
uttered severall reprochfull and scandalous speeches both 
agaynst y* elders & messengers of y* church who met y* last 
summer at Topsfeild, and also agaynst y^ Inhabitants of 
Topsfeild, all or some, I thought good in y* behalfe of my 
selfe and fellow elders to make a complaynt thereof to this 
Honored Court, that they would please to take it into con- 
sideration, y* his virulent speeches might be restrayned for 
y® future, and such as have been so unjustly wronged by 
him, might receive satisfaction, as yo' selves shall judge meet, 
'' March 31, 1681 Yo' sevant William Hubbard.*'' 

"A complaint being put into this Court by M' W°* Hubbard 
on behalf of himself & others ag* M' Jeremiah Hubbert of 
Topsfeild for reproachfuU & scandalous words pernitiously 
vented & published in many places & y* publiquely ag* y* 
late Councill of Elders & Messengers at Topsfeild, and y* 
people of Topsfeild some or all of them: This Court doth 
order the Gierke of this Court to send out forthwith a Sum- 
mons to y® Marshall of Ipswich to warne M' Jeremiah Hub- 
bert to appeare at y« next Court at Salem to answer y« com- 
plaint, unlesse that y* said Jeremiah Hubbert shall above a 
fortnight before s** Court appeare before y* Hon** Major Genii. 
Denison & give such satisfaction as he shall judge meet, The 
gd Mr ^m Hubberd, & neighbouring ministers oflFended havine 
convenient notice given them of y® time of his appearance be- 
fore y* s^ Maj' Generall. And y« Clarke is ordered to makg 
returne of this act to s** Salem Court & y® marshall of y* war- 
rant also by w** he shall summon Mr Jeremiah Hubbart unless 
y* y* Maj. Genii, shall have before y* time limited issued y^ 
matter.'' 

Francis Dane's* letter, dated Andover, Mar. 28, 1681, to 
the Ipswich court: ''Understanding that our Towne was 
presented for want of a Schoolmaster, I thought it my duty 
to signify that for these thirty & two yeers I haue taught 
any SchoUers that they Sent to me to learne to write, and 
some in their Grmmar, & if God lengthen out my time I 
shallbe willing to doe it." 

* Autograph. 



1681] RECORDS AND FILES 101 

Sarah Gage, widow of John Gage, dying intestate, admin- 
istration upon her estate was granted on July 21, 1681, by 
Major Genrll. Denison, Esq., and Major Appleton, Esq., to 
John French and William Smith, two of her sons-in-law, who 
were ordered to bring in an inventory to the next County 
court. 

Thomas Gidding dying intestate, administration upon his 
estate was granted on July 28, 1681, by Major Genrll. Denison, 
Esq., and Major Samuell Appleton, to Deacon William Good- 
hue and the widow of said Thomas, who were ordered to 
bring in an inventory to the next Ipswich court. 

Wm. Ilsly, son of Wm. Ilsly of Newbury, deceased, declared 
on Aug. 11, 1681, before Major Genrll. Denison, Esq., that 
he had considerable objections to his father's will, and on 
Sept. 27, 1681, he declared that he and his brothers had agreed. 

"In the yeare 1680 Meres Tucker was Hired to be Scoole- 
master for the town of Salsbury by me William Osgood sener 
in y^-bchalfe of:y Selecrkti m^ e^^-9l;^e•of.tlie«l to whom it 
doth.cpn6ern\a^ tbie/t^h^ &U that^ ^hoaicl/^cj&i: ^o liim to Read 
and to write \yy me William Osgood.* Witness^efes Tucker.*" 

From Salem Ck)mmis8ioner8' Court files: 

James Scelton and William Pow testified that Thomas Stevens and Rebeoah 
Harris had lived together as man and wife for some months past and they 
had often said they were married. Robert Lawerenc testified to the same. 
Sworn, 10 : 12 : 1680, before Wm. Brown, assistant, and Bartho. Gedney* 

Jno. Wilkinson, aged about thntynsix vears, testified that last night he 
was at the house of Robert Laueranc and went in when constable Norman 
did and there saw Samuell Gatchell, William Armita^e, Jonathan Gatchell, 
William Pow's wife and Robert Lauerance's wife beatmg a man whom they 
bad gotten down. Richard Clattery testified to the same and also that the 
man who was so beaten was Rob^t Laverence. Sworn, Feb. 10, 1680-1, 
before William Browne and Bartho. Gedney,* assistants. 

James Pittman, aged about twenty-nine vears, deposed that he had often 
seen abusive carnages at the house of Robert Laueranc and had told the 
latto'^s wife that if it was his case he would use means for redress. William 
Armitage threatened to beat him for saying it. and being near the said house 
WUliam Pow's wife and Laurence's wife hauled him into the house and locked 
the door on him. He further testified that he had seen Samuell GatcheU 
in the morning before day with Robert Laverance's wife. Sworn, Feb. 10, 
1680-81, before William Browne, assistant. 

Thomas Smith, aged about forty-five years, testified that he had came home the 
last ni^t from his work about seven or eight o'clock, and after he had gotten 
into his own house he heard a great outcry, "Murderl Murder!" at the 
house of Robert Laveranc. Deponent went to their door and heard a ^;reat 
noise of fighting and crying insiae. Upon ^oing in he met William Armitage 
to whom he said it was a shame to let neighbors kill one another. There- 
upon Armitage took him by the collar and also struck James Scelton, break- 

* Autograph. 



102 IPBWICH QUARTERLY COURT [Mar. 

ing his head, and then turned upon deponent and gave him a blow on the 
eye. Several people came in, including constable Norman with his staff, 
who commanded peace, but Armitage was very unruly and swore that he 
cared not for authority. Sworn, Feb. 10, 16i80, before WiUiam Browne 
and Bartho. Gedney,* assistants. 

John Harris, aged about forty vears, and Tho. Smith, aged about forty- 
five years, testified that the last Sabbath day night, about nine or ten o'clock, 
they heard a great outcry and fighting at the house of WiUiam Pow. Sworn, 
10 : 12 : 1680, before Wm. Browne and Bartholomew Gedney,* assistants. 

Jno. Dimont testified that he asked Robert Laveranc's wife why she ent^- 
tained such company at her house and she replied that she would do it in 
roite of him or any man or in spite of the devil. Sworn, 10 : 12 : 1680, before 
Wm. Browne, assistant. 

William Cock testified that having his lodging under the same roof where 
Robert Laverance lives he had often seen very uncivil carriages there. The 
day before he saw Samuell Gatchell, Jonathan Gatchell and William Armi- 
ts^ge come into the house and saw said Samuell kiss the wife of Lauerence. 
Wnen deponent came home at seven or eight o'clock that night James Scel- 
ton's wife told him that she was afraid they had killed her husband, asking 
deponent to rescue him. He found Armitage and Samuell Gatchell beat- 
ing him. Sworn, Feb. 10, 1680-81, before William Browne, assistant. 

James SkiUton, aged about thirty-six years, testified. 

Griffin Jonnes, aged thirty-five years, testified that he heard Robert Lau- 
rences wife call her husband a bald-pated old rogue and struck him with her 
fist. Also that Laurence had lain m deponent's house nearly a week because 
Armmatig and Samuell Getchall lay in his house continually and he was afraid 
to go home. Armitage told him of his relations with Will. Pow's wife. 
Sworn, Feb. 10/ iBBO/befoiSe rWiBiam Br^wOj^* «»s^^^aill. . : •^^ ' [ ' \: 

Constable R&^harH •iNormon; tosiifieH £pWmg;.(^le3*t!<> the *h«ui^,. which 
he found full of people, 'and wHeh^he enlerecf tHe cajiHle' was put *out and 
he received several blows. He defended himself with his staff and caused 
the candle to be Ughted. Edward Dimont, aged about thirty-nine years, 
and Robert Laske, aged about twenty-two years, testified to the same, they 
going with the constable. Sworn, 10 : 12 : 1680^1, before William Browne, 
and Bartho. Gednev,* assistants. 

Warrant, dated Apr. 7, 1681, for the appearance of the wife of John Davis 
of Lynn before the Worshipful William Browne and Bartholmew Gedney, 
EiSqrs., for abusing her husband, also for Hugh Alley and Sarah Linsey as 
witnesses, signed by Hilliard Veren,* cleric. 

Henry Collins' bill of cost against John Davis, 12s. 

Bill of cost of Eleazer Linse, for Sarah Linse, Mary Linse, Martha John- 
son. Hugh Ally and Samuell Tarbox, 14s. 6d. 

Writ: Henry CoUens v. John Davis of Linn; for slanderous, reproach- 
ful speeches and for audacious and uncivil behavior toward Sarah Linsey 
at her house, also summons to Hugh Alley, Samuell Tarbox. Sarah Linsey, 
Martha Johnson and Sarah Linsey as witnesses; signed by Hilliard Veren,* 
cleric; and served by Richard Hud,* constable of Lin, by attachment of 
the bam of defendant. 

Joseph Collins testified that John Daves told him that deponent's father 
brought Sarah, wife of Eleazer Linsey from Boston, and offered her abuse. 
Sworn, 30 : 9 : 1680, in Salem court. 

Elezear Lense, aged about thirty-five years, Sarah Linse, aged about 
thirty years, and Daniell Johnson, aged aoout twenty-nine years, deposed 
that, upon being asked how he came off at court, John Davis said, etc. Sworn, 
18 : 2 : 1681, before Wm. Browne and Bar. Gedney. 

Robert Rand, jr., aged about twenty-four years, and Hanna Rand, aged 
about twenty-one years, deposed that Sarah, wife of Eleazer Lyndsey of 
Lynne, coming occasionally to their father's house, after some difference 

* Autograph. 



1681] RECORDS AND FILES 103 

between John Davis and his wife and her, said she invited Davis to come 
to lodge at her house, telling him her husband was not at homej etc. Sworn, 
18 : 2 : 1681, before Wm. Browne and Bartho. Gedney. 

Sarah (her mark) Linse certified, 18 : 2 : 1681, that Collins did not speak 
uncivilly to her on the journey from Boston or at any other time. 

Jacob Knight, aged about thirtynux years, and Henry Stacev, aged about 
twenty-nine years, deposed that at Daniel Johnson's house, tne latter said 
that the wife of Eleazer Lindsey had told him and Samuel Tarbox about 
Collins, etc. 

Martha Johnson, aged about thirty years, testified that she was in bed 
with two of her children, her husband being away from home, when John 
Davis came to the window, spoke to her and came m, offering her abuse, etc. 
Sworn, 10 : 2 : 1681, before Thomas Laughton,* commissioner of Lyn. 

Sarah Davis, aged about thirty years, and Mary Kvrtland, a^ed twenty- 
seven years^ deposed that about three months ago Rachel Whinnick said 
that the child she had was Hugh Allies. They asked her why she did not 
charge him with it so that he would maintain it, and not go about begging. 
She answered that she dared not for the wives of Eleazer Lindsey and Jolm 
Lindsey threatened to bum her if she laid the child to her brother Hugh 
Allw. Sworn, 18 : 2 : 1681, before Wm. Browne and Bar. Gedney. 

H!enry CoUins. sr.'s,** complaint: Being desirous to vindicate the suffering 
name of god ana mine own Innocency and honesty, which is hi^y defamea 
by obscene and Slanderous Speeches Divulged oy John Davis of Linn & 
his wife to the blurring my reputation among Cluristians In reporting that 
Eleazer Linsy shoold tell them .... now the wholesome Lawes of this 
Jurisdiction having provided that noe persons good name or reputation 
shall causelessly be defamed, I doe therefore seriously apply myselfe to your 
honours to take such a course wherby gods glory and my suffering name 
mi^ be vindicated." 

John Davis, a^ed thirty-nine years, and Sarah Davis, aged about thirty- 
three years, testified concerning what Goody Linsy told her, etc. Sworn, 
Oct. 11, 1680, before Bartho. Gedney,* assistant. 

Hugh Ally,* aged about twenty-five years, and Sarah Linsee, testified, 
1 : 10 : 1680, that being at John Davis' house, AUy agreed to mow some 
grass, and Davis said ne would give hun a pot of cider. Davis brought 
a pot or two. and the thuxl one his wife took out of deponent's hand, threw 
it at her husband, breaking his head with the pot. Deponent went to part 
them, whereupon she threw the pot at his head and struck her husband 
several blows with a chair. Sworn, 18 : 2 : 1681, before Wm. Browne, and 
Bartho. Gedney.* 

Hugh Ally,* affed about twenty-five years, testified, 1 : 10 : 1680, that 
coming home with his sister Sarah Linse in the night, her husband being 
away, ne went up to bed. After he was asleep his sister came to him fright- 
ened, saying, "brother go doun with me for ther is sombody in my beed 
I answered I bleue my brother is Com hom my sister answred no it is not 
my hosbands hat I coining doim with my sister haueing no light I fehng 
on the beed saing hoo is hear he specken I knowing him by his speech saing 
hoo is hear geffer Danes what do you heare i thought you had been gon to 
rood iland the said Danes said why whear am I : I said you are in my sister 
Saryes beed the said John Davis said I thought I had been in my on hous 
and in my on beed my sister said war you in drink he said no no more then 
you bee my sister said the more shame for you to sho me such abus to com 
m my beed.'' Sworn. 1:2: 1681, before Wm. Brown and Bar. Gedney. 

Elner Wats, aged about fifty years, deposed, Nov. 26, 1680. that Linzey's 
wife came to her and cried bitterly, saying she never said tne things, etc. 
Deponent knew that Davis would speak words at his pleasure when he was 
intoxicated or disguised with drink. Sworn, 30 : 9 : 1680, in Salem 
court. 

* Autograph. 



104 IPSWICH QUARTEBLT COITBT [Mar. 

Widow Thomas and Nathaniel! Kirtland, jr., testified. Sworn, 18 : 2 : 
1681, before Wm. Browne and Bartho. Gedney. 

Daniell Johnson, aged about twenty-nine years, testified that about eight 
or nine years ago he heard Sarah Lense say that old Goodman Collens brought 
her from Wienesemet behind him, etc. 

Sarah (her mark) Lyncye, wife of Eliezer Lynsye of Lynn, deposed, 1 : 
10 : 1680, that coming home one evening she put her young child into her 
bed, and half an hour after she started to go to oed herself without any light. 
She trod on a heap of clothes and thought her husband had come home from 
Salem, but finding a hat on the clothes which had ribbons on it, knew it was 
not her husband^. She called her brother, etc. Davis then put on his 
clothes and went out, but later came back and Sarah secured the door as 
well as she could, it having no lock, but she held down the latch. He went 
away saying, ''if you hould it, hould it & be hanged." Sworn, 18 : 2 : 1681, 
before Willm. Browne and Bartho. Gidney. 

Samuel Tarbox, aged about thirty-four years, deposed. 

Mary (her mark) Leinse, aged about thirty-five years, testified as to Davis' 
abusive carriages. 

Charity Jones complained of Thomas Russell, June 21, 1681, that he 
offered her abuse and turned her out of the house and when she went to 

get her goods he took her by the throat and nearly strangled her, detaining 
er goods and provisions. 

Samuell Dixy testified that on Sabbath day night he heard a great noise 
at Russell's house where Charity Jones Uved, with cries of murder, etc. 

Benjamin Parmenter testified that he told Russell that if he kept up 
such a stir that he would send for the constable. Sworn, June 21, 1681, 
before Bartho. Gedney,* assistant. 

John Williams testified that Thomas Russell came to his door in the middle 
of the niffht, after he had turned his daughter Charity Jones out of doors, 
and knocked him down with a club. Sworn, June 21, 1681, before Bartho. 
Gedney,* assistant. 

Benja. Parmeter, aged seventy years, deposed that Russell frequently 
threatened that whoever had Thomas Cauley's land should never enjoy it 
peaceably, for he would cut down the fence. This hindered the sale of the 
land. Hen. Skerry, marshal, testified to the same. 

Deborah Girdler, aged thirty-three years, deposed. 

Mary Russel, aged forty-five years, testified that her husband came home 
late, beat her unmercifully, kicked her about the house and struck her violently 
upon the head. He had threatened to cut her throat or burn her, adding 
that if she complained of him, he would kill her, so that she was afraid to 
go home He did not maintain her, not allowing her the value of lOs. per 
year, but spent his time drinking, etc. Sworn, 30 : 9 : 1680, in Salem court. 
Benjamin Parmeter testified that he had seen her bloody from her husband's 
abuse. 

Mary Russell's petition: that she had complained of her husband through 

Eassion, and "sence that tyme he hath carried it like a loueing husband to 
er: & can find noe fault with him for matter of his care & providing for 
me according to his best ability: & so I am: in y« sense of my deare husbands 
loue to me fieely & heartily willing on my part to remitt aU former matters 
between my husband & my self." 

Thomas Russell's petition: that he and his wife had become reconciled 
and he promised hereafter to be more tender of his wife and careful of his 
family. 

Debora Girdler, Mary Holeman, Remember White, Susanna Grant, Eliza- 
beth Dixy and Sara Dixy testified that they were neighbors of Russell and 
lie had fri^tened them many times at night, threatening them with a gun 
or pistols hke a mad man. He threw Remember White into a ditch, holdms 
a great stake over her, and saying he would knock her down if she meddled 

*AuAqgraph. 



1681] records and files 105 

Court held at Salem, June 28, 1681. 

Jacob Rowell of Elizabeth Town, New Jersey, on June 6, 
1681, acquitted George Norton of Southfield, Hampshire 
county, in the Massachusetts colony, of all estate of his which 
he held as guardian, said Norton having been appointed 
guardian of said Rowell, on 28 : 9 : 1676, by the county court. 
Wit: Francis Dane and Dudley Bradstreet. 

Hugh Woodbery, aged about fifty years, deposed that, 
being in Virginia at Colonel Bridgham's house sometime in 
the winter of 1677, discoursing about several men going away 
and forfeiting their bonds, not clearing their vessel, Bridgham 
said that he could not blame Benjamin Marston so much, 
because he came when he was not at home and left some goods 
for security. Bridgham further said that he would not trouble 
him. Sworn, 25 : 9 : 1679, before Hilliard Veren,* cleric. 

Samuell Dutch, aged about thirty-four years, deposed 
that he was in Virginia at Colonel Bridgham's house and 
heard the same discourse, etc. Sworn, 28 : 9 : 1679, in Salem 
court. 

Grand jury: Mr. John Ruck, John Holmes, Samll. Eb- 
borne, sr., Antho. Buxton, Robert Fuller, Joshua Rea, Ensign 
Fuller, Robert Rand, Allen Breade, jr., James Freind, John 
Bennett, John Sibley, Will. Greeggs and Henry Russell. 

Jury of trials: Mr. Moses Maverick, Mr. Tho. Gardner, jr., 
Mr. Mannasses Marston, Mr. Will. Bowditch, Mr. Edmond 
Feaveryeare, David Phipen, Ezekiell Cheevers, John Giles, 
Charles Gott, Tho. Laighton, jr., Eleazer Linsey and Mathew 
Farrington. 

Samll. Gardner, sr., Leift John Putnam and Frances Nursse 
served in place of Lin men, and Joseph Huchesson and William 
Raiment and Daniel Andrews, in place of Tho. Gardner. 
Mr. Bowditch and Manesses Marstone in Mr. Savage's action. 

 

with his dog. She said 'Hhee art a murtherous wretch, thou dost not care 
if thou killest a man." He answered that he would as soon kill a man as 
let him alone, and he might kill her sometime. Sworn, June 21, 1681, before 
Bartho. G^ney,* assistant. 

At the Ck>mmissioners' court in November last, Thomas Russell was ordered 
to be severely whipped for abusing his wife, but upon promise of reformation 
the sentence was r^itted upon his good behavior. Copy made by Hilliard 
Veren,* cleric. 

* Autograph. 



106 SALEM QUARTERLY COURT [June 

Leift. John Putnam chosen instead of Mathew Farrington 
in GifiEord and Divorixes action. 

Seargt. Kertland, who was fined for not serving on the jury 
the last session, had his fine remitted on account of weakness 
and inability. 

Samuell Leach and Onesipherus Allen v. Robert Knights, 
sr. Review. Verdict for plaintiffs. Appealed to the next 
Court of Assistants. Said Knights was bound with Richard 
Rowland and Wm. Beale, as sureties.* 

*Writ: Samuell Leach and Onesephorus Allen v. Robert 
Knights of Marblehead; review of a case that was first tried 
at Salem court, Nov., 1679, in which said Knight was plaintiff, 
and having lost the case reviewed the action at Ipswich court, 
Sept., 1680, and having lost again appealed to the Court of 
Assistants in Mar., 1680-81, where the jury first brought in 
against him, but being sent out again the jury brought in 
for him; dated Salem, June 23, 1681; signed by Hilliard 
Veren,t for the court and town of Salem; and served by 
Henry Skerry, t marshal of Salem, by attachment of all the 
houses, land and mill, leaving the summons at his house with 
his wife. 

Robert Knights' bill of cost, 31i. 6s. 

Copy of papers in similar actions brought in Salem and 
Ipswich courts, and the Court of Assistants, made by Hilliard 
Veren,t cleric, and Edward Rawson,t secretary. 

Bill of cost of Samuell Leach and Onisephrus Allen, 31i. 
15s. 9d. 

Copy of record of the Court of Assistants, Mar. 1, 1680-1, in 
an action of appeal, in which Robert Knight was plaintiff, 
signed by Edward Rawson,t secretary. 

Mr. Richard Blinman, Cr., p his house & ground, 801i.; 
pd. in part, 691i. 5s. 9d.; due £10. 14s. 3d., which was pd as 
per fo. G, No. 38. Rec'd in full of the houses and lands 
that I i^ould to Mr. Russell at Glocester, 30 : 8 : 1651, Richard 
Blinman. Excepting ye 40s. which I am to have of Mr. 
Russell in case Edward Messinger will not pay mee. This 
is' an Exact Copy of this Concerne as it standes in Mr. 
Richard Russell's Ledger No. B, fol. 154, ye Acct. being writ- 
ten all on ye Creditor side of the said folio with said Russell's 
own hand and ye discharge written close under it with Mr. 
Richard Blinman's own hand, p James Russell and Josi. 
Wolcott. Copy compared with the books and sworn to, 
June 25, 1681, before John Phillips,t commissioner. . 

t Autograph. 



1681] 



RECORDS AND FILES 



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108 SALEM QUARTERLY COURT [JUDC 

Thomas Rumerye v. John Norman. Debt. Verdict for 
defendant.* 

Copy of Robert Knight's reasons of appeal, brought in 
Feb. 23, 1680, to Robert Lord,t cleric. 

William Bennet, aged about seventy years, and Samueli 
Allen, aged about Sty years, testified. Sworn, May 16, 
1681, before Bartho. Gedney,t assistant. 

Samuel Gardner, aged about fifty-three years, deposed that 
he heard the jury's verdict at the Court of Assistants in Bos- 
ton. Owned in court. 

William Bennet, aged seventy years, and Samueli Alen, 
aged about fifty years, testified. Sworn, May 16, 1681, 
before Bartho. Gedney,t assistant. 

*Writ: Thpmas Rummerye v. John Norman; debt; in 
wages, for sawing the timber for the building of a ketch and 
shallop; dated June 23, 1681; signed by Hilliard Veren,t 
for the court and town of Salem; and served by Richard 
Prytherch,t constable, by attachment of the house of defend- 
ant, leaving the summons with Jno. Norman's maid. 

Jno. Norman's bill of cost, 13s. 4d. 

William Smith, aged about sixty-two years, testified that 
he and Thomas Rumery carried in their account of sawing 
to John Norman, who set it down in his book. It amounted 
to 221i. Sworn, June 27, 1681, before Bartho. Gedney,t 
assistant. 

Edward Bishop, aged about thirty-five years, deposed 
that he heard Mr. John Norman say that he had paid Thomas 
Rumery 31i. 15s. toward the work, etc. Sworn, June 27, 
1681, before Bartho. Gedney,t assistant. 

Joseph Gatchel, aged about thirty years, deposed that 
Rumery asked him to go to Norman to inquire about the 
account. The latter said that he had paid Rumery partly 
as appeared on his book, but when deponent asked to see 
the book he said he was in haste, going to Newbery. Norman 
further said that he had offered Rumery 30s. to balance the 
account. Later Norman told deponent that the reason he 
had not paid him was because Rumery carried away the 
saw to saw a log for Jeremiah Neal and left his work. Sworn, 
June 27, 1681, before Bartho. Gedney,t assistant. 

Mary Ropes, aged about sixty years, deposed that being 
in Jno. Norman's house she heard Wm. Smith ask him for 
some corn for his mate Rummery, and he said he should 
have it. Mathew Tarbell testified to the same. Sworn, 
June 28, 1681, before Bartho. Gedney,t assistant. 

Charity Olford, aged about fifty years, and Mathew Tar- 

t Autograph. 



1681] RECORDS AND FILES 109 

John Dotrige v. Isaack Woodbery, executor of the will 
of Robert Wilkes. Verdict for defendant.* 

bell, aged about eighteen years, testified that they heard 
Smith ask for penistone for Rummery, and saw Norman de- 
liver it. Sworn, June 28, 1681, before Bartho. Gedney,t 
assistant. 

Daniel Bacon and Thomas Coates deposed that some time 
last winter they were working in the yard with Jno. Norman 
and heard him blame Wm. Smith for bringing Rumry there 
to saw because he was the cause of the sawing work being 
spoiled. Norman would have had Smith turn Rumry out 
of the yard. Sworn in court. 

*Writ: John Dotrige v. Isaac Woodbery of Beverly, executor 
of the will of Robert Wilkes, deceased; for not performing 
their indenture in teaching plaintiff his trade of a shipwright, 
although he had served his time; dated June 11, 1681; signed 
by HiUiard Veren,t for the court and town of Salem; and 
served by Henery Skerry,t marshal of Salem. 

Isacke Woodbery's bUl of cost, 17s. lOd. 

Daniell Baken, aged about forty years, and his wife, aged 
about thirty-six years, testified that Jno. Dotterage, after 
his master Wilkes died, desired that he might serve 
the rest of his time with deponent, and Woodbery, the execu- 
tor, assigned him accordingly. Deponent had taken much 
pains in instructing him in the trade of a shipwright or ship 
carpenter and during the three years he had been with him 
he had taught him to build ships and ketches. Sworn, June 
27, 1681, before Bartho. Gedney,t assistant. Owned by 
both parties. 

Thomas Coats, aged about twenty years, testified that 
he was a servant to Daniell Baken during two years of Dott- 
erage's term of service and his master had taken great pains 
with Dotterage. Sworn, June 27, 1681, before Bartho. Ged- 
ney,t assistant. Owned in court. 

Indenture, dated Mar. 15, 1675-6, signed by Robert Wilkes,t 
by which John Dotherig, now resident in Salem, of his own 
free will put himself apprentice to Robert Wilkes of Bev- 
erly, shipwright, or his heirs, for four years, to be taught the 
science or art of a shipwright, and at the end of the term of 
service to be dismissed with a good new broadax, adze and 
double apparel. Wit: Hilliard Veren, sr.,t and Benjamin 
Marston.f Sworn, June 8, 1681, before Bartho. Gedney,t 
assistant. 

Joseph Gatchell, aged about thirty years, testified that 
he was at the house of his brother Jeremiah Gatchell when 

t Autograph. } Autograph and seal. 



110 SALEM QUARTERLY COURT [June 

Edward Lumax v. Michaell Farley. Trespass. Verdict 
for plaintiff, the mill according to covenant. Appealed to 
the next Court of Assistants. Said Farley bound, with John 
Spark and John Low, as sureties.* 

Daniel Bakon, who was there, said that he had paid Isaac 
Woodbery of Beverly 141i. for John Doddridge's time, which 
Bakon declared to be too much to pay for a servant and 
teach him a trade. Bakon said that he was not bound to 
teach him the trade of a shipwright, nor should he. Sworn, 
June 27, 1681, before Bartho. Gedney,t assistant. 

Wm. Godsoe, aged about twenty-nine years, testified that 
Baken told him that he had taught Doddrige all he could 
and had nothing against him, but wished him well. Sworn 
in court. 

Joseph Lord, aged about nineteen years, testified that 
Dotterage told him eight months ago that he could do any 
work about a ship as well as need be. Sworn, June 27, 1681, 
before Bartho. Gedny,t assistant. 

Edward Bishop, aged about thirty-five years, testified 
that he heard Backon say that Dodridge was a good seaman. 
Thomas Rumery testified to the same. Sworn, June 27, 
1681, before Bartho. Gedney,t assistant. 

*Writ: Edward Lomas v. Mighill Farley, sr.; trespass; 
for keeping him but of possession of a fulling mill ordered 
to be built by Richard Saltonstall, Esq., which plaintiff was 
to enjoy during his life; dated June 18, 1681; signed by 
Robert Lord,t for the court and town of Ipswich; and served 
by Robert Lord,t marshal. Bond of Mighell Farleyf and 
Richd. Saltonstall. 

Micall Farlye's bill of cost, Hi. 5s. 4d. 

Robert Lord, sr., and Robert Lord, the marshal, testified 
that being desired by Edward Lomas to go with him to Mr. 
Farley to bear witness that he demanded the old fulling miU 
and being at the mill heard Farley say that he would have 
nothing to do with him. This was about May 11, last. Sworn, 
June 28, 1681, before Daniel Denison.f 

Robert Day, aged about seventy-seven years, deposed 
that about the time Mr. Saltonstall was about to go back 
to England, the last time he was here, he was at deponant's 
house. Brother Denison and brother Lomas were there at 
the same time and speaking about a fulling mill told Mr. 
Saltonstall it would be useful for the good of the town. He 
replied there should be one if Brother Lomas would keep 
it, and the latter said that he had no skill, but some one else 
might be gotten who had skill in it. Then Mr. Saltonstall 

t Autograph. 



1681] RECORDS AND FILES 111 

said if he would not keep it he would have none built. Sworn, 
June 23, 1681, before Daniel Denison.* 

Edward Lomas' bill of cost, 21i. 2d. 

John Pearl, aged about twenty-nine years, and Michael! 
Farley, jr., aged about twenty-one years, testified that they 
were with Michaell Farley, sr., and Edward Lumas when the 
latter refused to have anything to do with the fulling mill 
which by covenant Richard Saltonstall was to build and 
of which Edward Lumas was to be miller and have half the 
profits during his natural life, etc. Sworn, June 25, 1681, 
before Samuell Appleton,* assistant. 

Agreement, dated Mar. 16, 1671-2, between Richard Sal- 
tonstallf and Edward (his mark) Lumax, both of Ipswich, 
that said Richard should build a fulling mill and said Edward 
attend it as miller, having half .the profits; that every quarter 
he should render an account under oath the same as Free- 
grace Norton, miller of the corn mill in Ipswich, was bound 
to do, and in consideration of his half part, with the allowance 
of 41i. in wheat and malt, he was to take charge of the corn 
chamber as well for the said Richard as for himself, preserv- 
ing from damage all the corn; every week he was to receive 
into the corn chamber all the toll corn by measure which was 
produced by the mill and measure out the same as occasion 
required; that said Edward should seasonably attend to 
all gravel requisite for the mill or mill dams, for which upon 
account he should be satisfied by the appointment of George 
Gittings, Deacon Goodhue, Robert Day, John Denison and 
Freegrace Norton, or any three or more of them ; in like 
manner said Norton should be satisfied by the appointment 
of Edward Lumax, together with George and the rest, 
or any three or more of them; said Edward was to make 
his accounts upon the same quarter days as Norton, and 
should enter them in the same book as Norton, the ac- 
counts of the corn mills being at one end and the accounts 
of the fulling mill at the other. Wit: James Everell* and 
John Sewall.* Edward Lumax was absent when this coun- 
terpart was signed, and the witnesses, James Everell* and 
John Sewall,* made oath to Saltonstall's signature only, 
June 2, 1681, before Daniel Denison.* 

Michaell Farley, jr., aged about twenty years, deposed 
that Edward Lumas of Ipswich, hearing an order read to 
him by Michaell Farley, sr., deponent's father, complied with 
it and gave up his trust to said Farley, expressing himself as 
glad to be relieved of the management given him by his master, 
Richard Saltonstall. He delivered the keys and was paid 
his whole salary by said Farley. Sworn, June 16, 1681, 
before Samll. Appleton,* assistant. 

* Autograph. f Autograph and seal. 



112 SALEM QUARTERLY COURT [June 

Mr. John Gifford v. Thomas Walter and Richard Midle- 
cott, the pretended attorneys or agents of John Wright, 
John Williams, Katheren Eaton and John Dodsworth. Re- 
view. Verdict for defendants, confirmation of the former 
judgment, forfeiture of a bond of 2,0001i.* 

John Pearl, aged about twenty-nine years, testified to the 
same. Sworn before Samll. Appleton,t assistant. 

Elihu Wardal deposed that sometime in 1674 Edward 
Loumaks bargained with him to build a fulling mill, which 
he did to the best of his skill until it was fit to full cloth, for 
which he received 61i. in corn at the corn mill, as was agreed. 
Sworn, June 23, 1681, before Daniel Denison.f 

Mary Wayte, aged forty years, deposed that some time 
after Mr. Farly came over from Ingland and entered upon 
the mills of Richard Saltonstall she heard Goodman Lumas 
say that he and Mr. Farly had been with Mr. Stoughton and 
he had delivered up his trust. Stoughton said Lumas might 
keep the fulling mill, but the latter said he did not care whether 
he did or not. Sworn, June 25, 1681, before Daniel Denison.f 

Elihu Wardall, aged about thirty-eight years, deposed that 
he had the contract to build a fulling mill upon the mill dam 
of Richard Saltonstall of Ipswich next adjoining to his wheat 
mill, etc. Sworn, June 23, 1681, before Samuell Appleton,t 
assistant. 

Rrd. Saltonstallf certified, June 27, 1681, that, in 1674, 
Edward Lumas wrote to him in Lankeshire, England, to 
release him, the letter being written with very much earnest- 
ness and importunity, and he then appointed Michaell Farley, 
whom Saltonstall sent over to New England. Farley arrived 
in 1675 with an order from said Richard, etc. 

William Stoughtonf certified on Mar. 25, 1676, that Lummus 
had neglected to give him, as attorney to Richard Saltonstall, 
Esq., an account of the corn mills in Ipswich. Also since 
Michael Farley came to take charge of the corn and fulling 
mills, etc. Sworn, June 23, 1681, before S. Bradstreet, Govr.,t 
and J. Dudley, t assistant. 

Sargeant Jeremiah Bellcher and Richard Shatswell, sr., 
deposed. Sworn, June 24, 1681, before Daniel Denison.f 

♦Writ, dated Boston, June 11, 1681, signed by Nat. Barnes,f 
for the court and town of Boston, and served by Richard 
Hood,f constable of Lin, by attachment of the house and 
land in possession of Thomas Walter, called the new Iron 
works at Lin. 

Defendant's bill of cost, 21i. 3s. 

t Autograph. 



1681] BEC0BD8 AND FILES 113 

Copy of return of the execution, dated Apr. 13, 1680, by 
Robert Lord,* marshal, who attached a house and land of 
Mr. John Gifford's and other things appraised by Ciporus 
Steevens for Gififord and John Lee for Walter, at 2471i. Ts. 4d. 
There remained fees of 51i. 17s., and due on the execution 
2411i. 10s. 4d. By order of Walter he committed Gifford 
to prison at Salem, for which he charged 6s. 

Copy of writ: Thomas Walter of Yonghall, Ireland, mer- 
chant, now resident in Boston, and Richard Middlecott of 
Boston, merchant, attorneys to John Wright of Writsbridge, 
County Essex, John Williams of Bristoll, merchant, Katharin 
Eaton of London, widow, executrix of the estate of her son 
John Eaton, late of London, merchant, and John Dodsworth 
of London, haberdasher, assignee of John Wright of Writs- 
bridge, County Essex, administrator of the estate of Francis 
Allen, late of London, gentleman v. John Gififard; debt due 
by bond; dated Boston, Feb. 6, 1679-80; signed by Nath. 
Barnes,* for the court and town of Boston. Copy made 
by Isa. Addington,* cleric. 

Copy of bond for appearance of John Gifford, dated June 11, 
1681, and witnessed by Joseph Weden and John Earle. Copy 
made by Nat. Barnes,* for the court and town of Boston. 

Robert Lord, marshal, aged about forty-nine years, tes- 
tified that he asked Giffard at court if it was his signature on 
the bond and he said it was. John Floyd testified to the 
same. Sworn in court. 

"To the Honored Court: of Salem: 

''In all humbleness I desire to returne many thanks for 
you' great f avo' in the hopes of my admittance to haue liberty 
to speake for myselfe. you' bono'" lines I sent to y* Govo' 
but Comeing soe late to my hands find it hard pcure y* meete- 
ing of Assistance w^^ yo' lines are referd unto. I should 
humbly Craue y* favor of y* hono'*^ Court to deter my Action 
y* I may see if possible I may pcure an apperance if not I 
hope yo' hono's will Consider the iustness of my Cause and 
therein giue reliefe as God shall direct 

" Yo' hono's humble Sarvant 
"June 28 : 81 John Giffard." 

Letter of attorney, dated June 24, 1681, given by John 
Giffardt of Lyn to his loving wife Margret Giffard. Wit: 
Hudson Leverett* and John Earle.* Sworn, June 27, 1681^ 
before John Joyliffe,* commiss. 

Award, dated Feb. 24, 1680, of Humphry Davye, Anthony 
Stoddard and John Holbrooke, a committee appointed by 
the General Court, Jan. 4, 1680, to inquire into the claims of 
John Giffard. Court approved of the return and granted 
a hearing. Copy made by Edward Rawson,* secretary. 

* Autograph. t Autograph and seal. 



114 SALEM QUABTEBLT COURT [June 

John Giffard's* answer, dated Nov. 29, 1680. If he were 
not of the Company, he asked why did John Flood sue him, 
imprison him and take from him 201i. for the Dispaws. 

John Giflfard's* plea, in review, dated June 28, 1681, before 
the Salem court. 

John Giffard's* second plea, dated Feb. 21, 1680, before 
the committee of the General Court. 

Instructions for conducting the Iron works, dated Sept. 15, 

1673, given to Mr. John Gifford and Mr. Ezekiel Fogg, by 
John Wright,t John Bulteele,t Fran. Allen,t John GiflFard,t 
Ezekiell Foggt and John Godfry.f Presented, Apr. 30, 

1674, to John Leverett,* Govr., and recorded in book 4, page 
268 of the records of the Notary Public of the Massachusetts 
colony, Aug. 11, 1674, by Robert Howard,* Notary Public.J 

Summons, dated Boston, June 23, 1681, to Thomas Walter 
and Richard Midlecot for appearance at Salem court, signed 
by Natha. Barnes, for the court and town of Boston. Copy 
of the summons to which Tho. Matson made oath in Boston, 
June 25, 1681, before Hum. Davie,* assistant. 

Wm. Morgan, aged about twenty-one years, deposed that 
it was reported that Mr. John Williams was dead and died 
in London. Furthermore, he saw the widow after that in 
mourning. Sworn, June 3, 1679, before Thomas Brattle, 
commissioner. Copy made by Edwd. Rawson, secretary. 
Copy of that copy made by Isa. Addington,* cleric. 

Copy of agreements and instructions made by Isa. Adding- 
ton,* cleric, Edw. Rawson,* secretary, and Robert Howard,* 
Notary Public. 

Letter of attorney, dated June 28, 1681, given by Thomas 
Walterf of Youghall, Ireland, merchant, now resident in 
Boston, to Capt. John Floid. Wit: Thomas Marshall* and 
John Severne.* Capt. Thomas Marshall and John Severne 
made oath before Bartho. Gedney,* assistant. 

Copy of letter, dated London, Nov., 1676, from Jo. Williams, 
Katharen Eaton and John Dodsworth to Mr. John Gifford: 
''M' John Williams comeing to London we doe now Authorise 
M' Rich. Middlecott of Boston, and M' Thomas Walter to 
treate with you, and to have a blast at the Iron workes, if 
it appeares for a generall good, to this end they have a credit 
for a supply of what may bee wanting, so you will do well 
to comply with them there, and our desire and order for you 
to come over hither, which we need not to press, your owne 
intrest being soe much conserned therin, we have done thus 
upon our owne credits heere, M' Godferys nor s' Rich. Combes 
executors, have we beene able to pswad to deposit ansrthing 
M's Eaton is executor to m' John Eaton, m' Dodworth 

^ Autograph. f Autograph and seal. t For abstract of these instruo- 
tions, see ante, vol. 7, pp. 171-177. 



1681] RECORDS AND FILES 115 

hath purchased the share, was m' Allins, and m' Williams 
m' Wrights part, we hope you will considder this is the re- 
viveing or utter ruin of the concern, therfore consider you 
destroy it not utterly, pray remove all obstructions, and 
carry things above board, for clandestine actings will not 
bee interest at you'all: asure yourself e, for our parts if you 
act as you ought, you will find us ready to do the thing that 
may be rather in favour of you then our selves, for we desire 
to doe as we would be done by, as you will finde when you 
see us, want of time, and in expectation of your presence we 
doe not, nor indeed cannot inlarge, but must refer you to 
our agents, or agent, whose carriage if you deme — it not 
will doutless be in all tenderness towards you as farr as they 
may fairly discharge ther trust for the genrll good pray sett 
out our agents in a way to find out how to secure our right 
from M' Fogg & shew them wherin he hath acted to the hirt 
of the Company we must subscribe willing to continue Your 
loveing frends." 

"Superscribed To M' John Gifford, merchant in Boston. 
Received of m' Middlecott 9 of May 77." Copy made by 
Isa. Addington, cler. Copy of that copy made by Robert 
Lord,* cler. 

Copy of bond of John Giffard, dated June 1, 1673. Wit: 
Richard Stonehill and Wm. Renold.* Copy made, in 1676, 
by Richard Stonehill, notary public. Copy made. May 9 
1679, by Robert Lord,* cleric. 

Thomas Matson, aged about forty-seven years, testified 
that he took the summons to the house of abode of Mr. Walter 
and he not being at home, deponent gave it to the maid to 
deliver, but she read it and threw it away, giving him very 
uncivil language. Then deponent went to Mr. Midlecot, 
delivering it to Mrs. Midlecot. She read it and said she 
would not take it, as it would be troublesome to her husband. 
After that, deponent went back to Mr. Huchison's where 
Mr. Walter ''keeps" and the maid coming to the door again 
began in her high terms as before, but deponent, seeing Mr. 
Huchison looking out of the window, gave the summons to 
him for Mr. Walter. Sworn in Boston, June 25, 1681, before 
Humphry Davie,* assistant. 

John JoyliflPe, aged about sixty-four years, deposed that 
Mr. Richard Midlecot told him on June 1, 1680, when he 
asked him what he meant by keeping Mr. John Giffard in 
prison, that he had no hand in the business, nor did he meddle 
with it; that when Mr. Walter first came to New England 
he had an estate of Mr. John Williams of BristoU in his hand, 
from whom he received order to supply Walter with money, 
which he did to the amount of 12011., but after Williams' 

* Autograph. 



116 SALEM QUABTEBLT COUBT [June 

Mr. James Allen v. Nathaniell Putnam. Verdict for de- 
fendant. Capt. John Floyd, attorney to Mr. James Allen, 
appealed to the next Court of Assistants, and was bound, 
with Frances Nursse and John Tarball, as sureties.* 

death, the widow, and Williams' brother ordered him not 
to remit any more to Walter but to send what remained to 
Barbadoes, which he did. Deponent had had only his com- 
mission from the sale of the goods and all the power Mr. 
Walter had to sue Mr. Gififard was by letter of attorney of 
Squire Wright's. Deponent said he had sold himself out 
of the company and he replied that he had, etc. Sworn, 
June 3, 1680, before J. Dudley.f 

John Browne testified that he was a collier at the Iron 
works and that Giffard had pushed the work by making 
up the dam, repairing the works, pulling down the defective 
walls and that Capt. Poole had ''new braste" the furnace 
so that it might speedily have blown had he not been dis- 
appointed by Mr. Fogg, etc. Sworn before William Browne, 
commissioner. Copy made by Isa. Addington,t cler. 

Thomas Brattle and John Joyliffe, aged about sixty-five 
years, deposed that they went to the Iron works with Mr. 
Walter and Mr. Midlecot to advise about running the works. 
They found a great heap of charcoal, pot molds, etc., to carry 
on the works and Giffard said that about 2001i. would get 
it ready to make a blast. Brattle said he already had a part 
in an Iron works and did not desire any of that. Sworn, 
Feb. 21, 1680, before Humphry Davie,t assistant. 

Henery Dispaw, aged about thirty-five years, deposed that, 
being a potter at the Lynn Iron works, he made several pot 
molds and waited for the furnace to blow, but it seemed to 
him that Mr. Giffard never intended to repair it, as it could 
have been done in less than a year. Sworn, Mar. 13, 1678, 
before Tho. Savage, commissioner. John Floyd testified 
to the same, 1:2: 1679, in Ipswich court. Copy made by 
Hilliard Veren,t cleric. 

Peter Chock, aged about thirty years, deposed. May 22, 
1679, that walking upon the Exchange in Boston with Thomas 
Walter about Apr. 16, 1679, the latter told him that Mr. 
John Williams of Bristoll had been dead about a year, etc. 
Sworn, June 3, 1679, before Tho. Brattle, commissioner. 
Copy made by Edwd. Rawson, secretary. Copy of that 
copy made by Isa. Addington,t cleric. 

*Writ: Rev. Mr. James Allen v. Nathaniel Puttnam; for 
claiming nineteen acres of land, which had been settled on 
plaintiff by a committee of the General Court, Oct. 2, 1678, 

t Autograph. 



1681] RECORDS AND FILES 117 

as part of the farm called formerly Bishop's farm; dated 
10:3:1681; signed by John Wayte,* for the court and 
town of Maldon; and served by Henry Skerry,* marshal. 

Nathanill Putnam's bill of cost, lli. 16s. 

Letter of attorney, dated Apr. 12, 1681, given by James 
Allenf of Boston to Capt. John Floyd of Rumney marsh, 
to prosecute this action against Mr. Nathaniel Putnam or 
Joseph Holton. Wit: Hum. Davie,* assistant. 

Copy of a record of the General Court held at Boston, 
May 28, 1679: "The Comittee appointed by the Honored 
Generall Court October 2**: 1678: to setle y* bounds of a 
farme lying in Salem conteyning three hundred acres apper- 
teyning to y^ Revnd. M' James Allen of Boston (Commonly 
called Bishops farme) meeting together at Salem the second 
time hauing first receiued the land heard all controuersies 
concerning the same and tried the bounds (that were shewed 
by both parties) by a su'veyo' for a fynal Conclusion in 
refference to the Setlement of the said bounds they did agree 
as foUoweth: viz 

''That begining at a Maple old marked in myery swamp 
(upon the southwest of this land) from thence running to 
the black oake old markt) upon the Goune's playne and 
Continuing the same line untill you Come (in a square) as 
farr eastward as the Hemlock by the old Saw mil. then from 
this Corner made as aforesaid to the aforesaid hemlock then 
from the said hemlock: the brooke in that place (according 
to the runn of the water mil) shall be the bounds untill you 
Come as farr westward as the cratch in the brooke nr where 
two brookes Issue into one then to runn sixe poles due north 
from thence westward in a direct line to take Bishops old 
orchard & house place from thence still westward to a great 
popular, and what shallbe now a wanting to three hundred 
acres shall be made up at the west end of this land continuing 
each side line so as to leaue the west end nere a square, Also 
they order that the surveyor Jonathan Danforth to perfect 
the said bounds according to this order & returne a true plott 
and record of the same to the said Comittee of Salem. Given 
under our hands 7 10"^® 1678. Edmond Batter, Oliuer Pur- 
chase, William Johnson, John Whiple, Jonathan Poole. 

"This Court Approves of the returne of the Comittee as 
to the Setlement aboue written Edw Rawson Secretary. A 
platt of this farme under Jonathan Danforths hand the sur- 
veyor is Given in and left on file as Attest Edwd. Rawson,* 
Secret." Copy made by Edw. Rawson,* secretary. 

Memorandum, dated Billerica, 12 : 10 : 1678, of Jonathan 
Danforth,* surveyor: "from the henalock by y* old sawmill 

* Autograph. f Autograph and seal. 



118 SALEM QUARTERLY COURT [June 

at Crane brook, runing north 59 degr. west, 167 pole which 
comes to y* woodden bridge at hadlocks to a rock in y* middle 
of y^ brook, all that part of m' Allins farme that lyeth north- 
ward of this line, containes nineteene acres, it is bounded 
northward by Nath. Putnam, and y* porters the farme has 
taken from Hadlock, one acre & sixty pole that part of y* 
farme at y* west end, that lyeth west of y* popler and y* maple 
containes about twenty acres. 16 pole wide at north end 
and 39 pole wide at south end y* west line is 115 pole long 
There is left out of this farme on the south side, seuenty two 
acres which is contained with y* bounds mentioned in y* 
deed of sale & two acres left out on y* north side of y^ line 
next Goodman Holtons." 

Jon. Floyd, aged about forty-five years, testified that he 
went to Nathaniell Putnam's house and asked him if he had 
that nineteen acres of land in his possession that was ordered 
by the General Court to Mr. Allen and he said he had and 
would keep it until they took it away for it had been his for 
forty years. Deponent then demanded it, as attorney for 
said Allen, showing his power, but Putnam refused to make 
any agreement with him or Allen. ''I for warned him for 
cootting the wood doowne any mor: boott he sayd he had 
coott & carried of that land wood & woold still : coott & carry 
away as he see caes ... I told him I wold pool doone 
that bridg wich he had made upone the fore sayd land boot 
dezired me to leet it alone because he sayd it will be a menes 
to destroye my Come." Fransis Nors testified to the same, 
excepting the forty years' possession. Sworn in court. 

Agreement of James Allen,t dated Apr. 15, 1677, to contend 
no more with Nathaniel Putnam about the bounds and that 
he is willing that a straight line be drawn from the hemlock 
tree, his easterly bounds, to the stony bridge over the brook, 
etc. Wit: Job Swinerton* and Joseph Huchinson.* Sworn 
in court. 

John Weston, aged sixty years, deposed that he worked 
with Nathanell Putnam before 1652, when they fenced a 
parcel of land on the south side of the brook coming out of 
Mr. Bishop's meadow, which land lay on both sides of the 
brook, etc. Sworn in court. 

''The bounds of a farme appertaing to the rev'** M' James 
Allin of Boston, l3dng in Salem, on both sides y* Country 
road through Salem to ipswich, near Crane brook 

''Begining at a hemlock, standing by y« old saw mill, on 
y^ west side Crane brooke: from y« said hemlock runing up 
y* said brook seventy and eight pole to y* cratch in y« brooke, 
that is, where two brookes issue into one, || the brook being 

* Autograph. t Autograph and seal. 



1681] 



BICORDB AND FILIB 



119 



!i<t 










••Op 



120 SALEM QUABTERLY COUBT [June 

y« bounds so far:|| from thence six pole due north || to a maple 
on y* west side y* brooke marked with A:|| from thence North 
75 degr: west 184 pole, which tooke in bishops old orchard 
and house place, from thence north 79 degrees & 30 min: 
west 156 pole, to a popler, then 16 pole in y* line beyond y* 
popler, to a stake from thence south 6 degr: west 115 pole, 
to a stake, standing upon a plaine, from thence south, 74 
degres eastward 39 pole to a maple, & 360 pole beyound it 
in y^ same line to a stake (taking a black oake old markit 
about y* middle of y* line) from this last stake y* line runes 
North, 14 degrees & 45 min: east eighty pole to the first 
Hemlock the whoU containes three hundred acres 

"The which farme was laid exactly in all respects acording 
to an order given in writing under y« hands of m' Edmond Bat- 
ter, leift: Oliver purchas, leift. willm Johnson, Capt. John 
Whipple & Capt. Jonathan Pole, who were a committee 
impowered by y* Hon'** Gen": Court, octob' 2<* 1678, to settle 
y« bounds of y* s** farme an exact platforme of y« said farm is 
affixed hereunto, laid out by Jonathan Danforth,* surveyor. 
12 : 10» 1678.'' 

Isaac Lewis* and Henry Skerry, sr.,* appraised, 13 : 3 : 
1681, the land for Capt. John Floyd, attorney, at 31i. per 
acre, and the four score and three trees felled at Is. per tree, 
making a total damage of 611i. 8s. Henry Skerry, sr.,* and 
Isaac Lewis* appraised the time since the committee settled 
this land on Mr. Allen to the present to be worth 31i. Sworn 
by Lewis, at Charlestown, 21 : 4 : 1681, before Jonathan 
Remington,* cleric. 

Joseph Huchinson, aged forty-six years, and Job Swinerton 
testified. Sworn in court. 

James Allen,* aged about forty-eight years, deposed that 
he heard Nathaniel Putnam say in the Court of Assistants 
at Boston in Sept., 1678, that he had made several agreements 
with Governor Endicott, another with his son and another 
with Mr. Allen, all of which he was willing to give up for a 
settlement by a committee of the General Court. Also at 
deponent's house, Putnam said, etc. Sworn at Boston, 
June 14, 1681, before John Saffin,* commissioner. Sworn 
in court in Salem by Frances Nurse. 

Job Swinerton and Joshua Rea, aged about fifty years, 
deposed that they had known the land to be fenced for the 
past thirty years by Putnam. Sworn in court. 

Edmund Batter, aged about seventy-two years, testified 
that he was at the measuring and laying out of Mr. Townsend 
Bishop's farm, now in the hands of Mr. James Allen, and 
deponent often spoke of the bed of wild cherry trees at the 

* Autograph. 



1681] BECORDS AND FILES 121 

Thomas Browne, sr. y. Mr. Tho. Laighton, sr., Andrew 
Mansfeild and Tho. Newhall, sr. Verdict for plaintiff. De- 
fendants appealed to the next Court of Assistants, with Capt. 
Richard Walker, as surety. Capt. John Floyd was confirmed 
as attorney to the plaintiff.* 

west end of the farm which he saw about forty years ago. 
He was not in the place again until called by the committee 
of the General Court and he then found the wild cherry trees 
and an old marked tree at the edge of the swamp. They 
saw no such trees anywhere else in all their walk, and they 
laid out twenty acres beyond these trees to make up the 
farm. Sworn in court. 

Joseph Houghton, sr., deposed the same and that he had 
not been where the cherry trees were for forty years. Sworn 
in court. 

Samuell Nurs, aged about twenty-nine years, deposed 
that the committee in running the line between Mr. AUin's 
and Mr. Indicott's land, which land is now Frances Nurs', 
left without the line sixty acres on the south side and east 
end and two acres on the north side. Sworn in court. 

*Writ: Thomas Brown, sr. v. Mr. Thomas Laughton, 
sr., Andrew Mansfeald and Thomas Marshall, sr.; for com- 
ing upon his land, pulling down his fence and laying claim 
to it, saying it was the town's common; dated June 23, 1681; 
signed by John Fuller, t for the court and town of Lyn; and 
served by Richard Hudd,t constable of Lynn. 

Thomas Browne'sf bill of cost, 31i. 5s. 

Defendants' bill of cost, 21i. lis. 

William Bassett, aged about sixty-two years, deposed that 
being with Samuell Bennett, sr., and the selectmen of Lyn 
in 1667 running the line between Boston and Lyn, he being 
one of the selectmen, the land in controversy was in the Lyn 
bounds. Bennett agreed to all the bound stones and trees, 
and they judged it to be the town common. Thomas New- 
hall testified to the same. Sworn in court. 

Thomas Bancraft, sr., aged about fifty-eight years, deposed 
that about 1655 he hired the farm, where now Daniell Hichens 
dwells, of Samuell Bennett, sr., and the land in controversy 
lay common for the free feed of cattle. Lately he heard that 
Thomas Browne had fenced in some of that land. Sworn in 
court. 

Thomas Marshall, aged sixty-six years, deposed that being 
desired by Mr. William Bartelmew to go up with him to 
Samuell Bennett, sr., to see the bounds of a farm that Bennett 
had sold to Bartlemew, below a little hill in a plain, he 

t Autograph. 



122 8ALEH QUARTERIiT COUBT [June 

told him it was surely beyond the bounds of Capt. Walker's 
farm. Bennett answered ''though it bee soe I haue enough 
of boston Land to make it up." Deponent told the town 
what he said and they were much displeased. Then they 
made an agreement, which is extant. William Bassett, sr., 
testified to the same. Sworn in court. 

Ralph Kinge, aged about forty-two years, testified con- 
cerning establishing the line. Thomas Newell testified to 
the same. Sworn in court. 

Thomas Laughton, sr., testified that he and Thomas Wheeler 
were appointed by the town of Lyn to discharge Samuell 
Bennett's men for cutting off wood where he had set men 
to cut it, near the place called Plough plain, and they came 
to an agreement. 

Copy of the country rate: Mr. King, 21i.; Mr. Burrell, 15s. 
2d.; Thomas Chadwell, 10s. 6d.; Robert Driver, 3s. lid.; Nath- 
aniell Hanford, 48. lid.; Will. Bartrome, 6s. 8d.; Gerard 
Spencer, 4s. Id.; Richard Johnson, 7s. 6d.; Will. Crofts, 
6s. 5d.; John Kertland, 4s. 6d.; Thomas Farrar, 10s. 6d.; 
Jinkin Davis, 4s. 3d.; Robert Parsons, 3s. lid.; Henry Col- 
lins, 14s. lOd.; Roberts Coates, 2s. 8d.; Edward Richards, 
4s. lOd.; Richard Whitney, 4s. 2d.; Christopher Linsey, 
3s. 4d.; Hugh Alley, 2s. lid.; Michaell Spenser, 3s.; Marke 
Graves, 3s.; John Hood, 4s. 6d.; Robert Ran, Is. 3d.; Will. 
Tilton, 6s. lid.; Edward Ireson, 4s. 2d.; Richard Rooten, 
lis. lid.; Will. Barker, 4s. 4d.; Phillip Kirtland, 6s. 3d.; 
Joseph Redknap, 7s. 9d.; Robert Engolls, 6s. 6d.; Henry 
EngoUs, 3s. lOd.; Will. Basset, 4s.; Will. Winter, 4s. 5d.; 
Henry Silsby, 4s. 9d. ; Francis Burrell, 4s. 7d. ; Will. Edmands, 
4s. Id.; Nathaniell Kirtland, 6s. lid.; Nathaniell Tyler, 
2s. 5d.; Joseph Jinks, Ss. 6d.; Edward Hall, 4s.; Mr. Hal- 
liock, 8s. 8d.; John Hawthorne, 8s. 

Copy of deed, dated Oct. 12, 1680, from Daniell (his mark) 
Hutchins, sr., of Lin, and wife Eliner (her mark) Hutchins, 
for 901i., to Thomas Browne, sr., of Lin, dishturner, 100 acres, 
which was part of the farm that Hutchins now dwells upon 
and lately purchased of Mr. Jacob Greene of Charlstowne, 
it being the westerly and northerly part of said farm, bounded 
"westwardly by the Land of Capt. Thomas Brattle on the 
north with the hills Bounding that part called the plow plaine 
Running up to a marked tree Att that corner on the north 
& north easterly Corner from which said marked tree that 
Line being Bounded with the Comons and by a high Ledg of 
Rockes whereon severall pitch pine trees now stand And 
Runneth six score & ten poles easterly upon that Line unto 
the Land of daniell hutchins being the Southerne Bounds 
<fe from that northeasterly Corner six score & ten poles south- 
ward to the Land of the said Daniell hutchins being the 



1681] BBCORDS AND FILES 12S 

Maj. Tho. Savage, Esq. v. Samuell Apleton. Review. 
Defendant pleaded for a nonsuit, but the court did not grant 
it. Withdrawn. 

John Davis v. John Tawley. Debt. Verdict for plaintiff.* 

southerly Bounds And from that south easterly Corner six 
score & ten poles southward to the Land of the said Daniell 
hutchins being the southerly Bounds And from that south 
easterly Corner six score & ten poles westward that Line 
as nere as Can be upon a square untill it Come to south with 
the bounds that Run Between Capt. Thomas Brattle & from 
thence the bounds to be by the said Capt. Brattles Land as 
it now Lieth unto the westerly & southerly Corner," excepting 
a cartway from the now dwelling place of said Hutchens to 
the cedar swamp, so called, beyond the bargained land nor- 
therly, which Hutchens reserved; also half of Squire's meadow 
in Maiden. Wit: Oliver Purchase, Daniell (his mark) Hutch- 
ins, jr., and Joseph Browne. Acknowledged, June 15, 1681, 
EUnor Hutchins releasing her thirds, before Bartho. Gedney,t 
assistant. Copy made by Bartho. Gidney,t assistant. 

Thomas Newhall and William Bassett testified that Capt. 
Walker showed the bounds of his farm to some of the select- 
men of Lyn, etc. Sworn in court. 

Capt. Walker, aged about sixty-eight years, testified that 
being appointed with Capt. How by the town of Lyn to lay 
out several farms, there were granted to him 200 acres of 
land beyond the Iron works. AH the land between this and 
Mr. Howell's was common. Sworn in court. 

Richard Haven, jr., aged about twenty-nine years, testi- 
fied that Thomas Newall, sr., Thomas Lay ton, sr., and Andrew 
Mansfild came to the now dwelling house of Daniell Hichins, 
sr., and asked deponent if he knew where the fence was that 
Thomas Browne, sr., made. They told him when they came 
back that they had thrown down the fence and made a thorough- 
fare through it. Daniell Hichens testified to the same. Sworn 
in court. 

*Writ: John Davis v. John Tolly; debt; for four wainscot 
chests made by his order and delivered to him in his house; 
dated June 23, 1681; signed by John Fuller,t for the court 
and town of Lyn; and served by Richard Prytherch,t con- 
stable of Salem, by attachment of the bed of defendant, the 
summons being left with Mrs. Tauly. 

Letter of attorney, dated May 11, 1681, given by John 
Tauleayt of Salem, mariner, to his honored father-in-law, 
Thomas Bryden. Wit: Thomas Maulef and Richard Croade.f 
Sworn, May 11, 1681, before William Browne, t assistant. 

t Autograph. t Autograph and seal. 



124 SALES! QUARTEBLY COURT [June 

Nathanill Kirtla^d, aged about thirty-four years, deposed 
that he brought from John Davis' shop at Lyn four chests 
and delivered them to John Tauly at his house in Salem. 
Davis told deponent that Tauly had them to carry to New- 
foundland. Sworn in court. 

Bill of cost, 31i. 

Eleaser Lenesey, aged about thirty-five years, deposed 
that Davis looked at a chest in Tawleay's house and the 
latter told him to make two or three as good as that for 25s. 
each. Sworn before William Browne,* assistant, and owned 
in court. 

Richard Croade, aged about fifty-two years, testified that, 
on May 7, 1681, he heard Mr. John Tally read from his book 
his account with John Davis, and the latter did not disown 
it. Sworn, May 11, 1681, before William Browne,* assistant. 

Samll. Blyghe, aged about twenty-two years, deposed that, 
being in the house of Mr. Wing of Boston in company with 
John Tawly of Salem and Joseph Cawly, he heard Tawly 
ask John Davis, joiner, of Lynn, to make the chests, saying 
he would rather Davis have his money than any one else, 
at the same time giving him 5s. Sworn, June 23, 1681, before 
William Browne,* assistant. 

John Longley, aged about forty-two years, testified that on 
May 6, 1681, he heard Davis at Tauley's house call the latter 
a cheating knave, with many other absurd expressions, chal- 
lenging him out of his own house to fight, threatening him. 
He also took hold of a wainscot chest in the room, threw it 
up and down the room, breaking several pieces of the front 
of the chest, etc. Davis was very much in drink. Elizabeth 
Tawley testified to the same. Sworn, June 28, 1681, before 
Bartho. Gedney,* assistant. 

Joseph Galley, aged about thirty-seven years, deposed. 
Sworn, June 7, 1681, before John Richards,* assistant. 

Eleazer Lenesy, aged about thirty-five years, testified 
that, being in John Davis' house at Line, after he had brought 
home the cloth, a whole piece of kersey, he said he had bought 
it of John Tawleay of Salem. Sworn before William Browne,* 
assistant. 

Mary Ivory, aged about forty-two years, deposed that 
she was at Taulie's house when he received the chests. Sworn 
in court. 

Samuell Ingols, aged about twenty-seven years, and Nathanil 
Willson, aged about nineteen years, deposed that the chests 
were worth 30s. each. Sworn in court. 

John Longely, aged about forty-two years, and Thomas 
Eleat, aged about twenty-six years, deposed concerning the 
assault and that neither Tawley nor his wife could have any 

* Autograph. 



1681] RECORDS AND FILES 125 

Benj. Ireson v. Tho. Laighton. Appeal from the judg- 
ment of the worshipful Bartholmew Gedney, Esq. Verdict 
for defendant, confirmation of the former judgment.* 

Joseph CoUens, John More and Ensign [Tho. — Waste Book.] 
Bancraft were sworn constables for Lin. 

Wm. Hoare acknowledged judgment to Mr. John Higginson, 
jr., in fish, beef, pork, corn or wood. 

peace while Davis was in the house. Sworn, May 9, 1681, 
before Bartho. Gedney,t assistant. 

*Copy of papers in this action before Bartho. Gedney,t 
made by Bartho. Gedney,t assistant: 

Writ: Tho. Laughton, jr. v. Benjamin Ireson and Phillip 
Welch, his servant; for said Welch either wilfully or care- 
lessly riding over a red cow of Laughton's and breaking her 
bones; dated Apr. 27, 1681; signed by John Fuller, for the 
court and town of Lin; and served by Jacob Knight, con- 
stable of Lin. 

Judgment rendered for plaintiff, the value of the cow before 
she was hurt, 40s., the defendants to have the cow. Appealed 
to the next county court, with Edward Richards and Benjamin 
Collins, as sureties. 

Samuell Tarbox and John Darlin appraised the cow, on 
May 2, 1681, at 20s. in silver, just what her hide was worth. 
They lifted her up but she could not stand and they thought 
she never would. 

Bill of cost of Thomas Laughton, jr., 16s. 

Elizabeth Darling deposed, on May 2, 1681, that she heard 
Phillip Welch's mother say that she had let her son to Ben- 
jamin Ireson, about a month past. 

Benjamin Irorson'sf reasons of appeal, dated May 2, 1681. 

Thomas Laighton'sf answer, dated Lyn, June 27, 1681, to 
Benjamin Ireson's reasons of appeal. 

Phillip Welch, sr., testified that he had put his son Phillip 
to Ireson as his servant for one year, and he had nothing to 
say to it. 

Samuell Tarbox deposed. 

Samuell Tarbox and Benjamin Redknap testified that 
they found the cow lying above a lane called Daniell John- 
son's lane, about twenty poles outside the end of the lane. 

John and Elizabeth Darling testified that they were riding 
along the lane in Lin, when Phillip Welch, jr., came riding 
after them, overtook them, riding past them at a great pace 
with his hat under his arm. He rode over the cow, breaking 
her leg, and did not stop. This was on the Saturday 

t Autograph. 



126 8ALEM QT7ARTBRLT COURT [June 

Wm. Hoare acknowledged judgment to Mr. Timothy Lindall 
in fish, beef, pork, corn or wood. 

Thomas Dorman took the freeman's oath. 

Daniell Davison v. Nathaniell Gree£Gui. Verdict for plain- 
tiff. To be paid in white oak pipestaves and red oak hogshead 
staves.* 

Humfry Devorix v. Isaack Williams. Verdict for plaintiff.f 

before the last general fast at about three o'clock in the 
afternoon. 

♦Writ, dated June 22, 1681, signed by Richard Currier,J 
clerk of the writs for Amsbury, and served by Robert Lord,t 
marshal, by attachment of a shop, bellows, a horse cart and 
wheels of defendant. 

Letter of attorney, dated June 27, 1681, given by D. DavisonJ 
of Newbury, merchant, to Mr. Hugh March, sr., of New- 
bury. Wit: Jno. WenborneJ and Edward Tyng, jr. J Ack- 
nowledged, 28 : 4 : 1681, before Tho. Danforth,} Dep. Gov. 

Danill Davison's bill of cost, lli. 8s. 6d. 

Nathll. Griffin Jrs. Dr., June 24, 1678, to 3 1-2 yds. Carsy 
at 7/6 yd., lli. 6s. 3d.; 4 duz. buttens, 2s.; 6 Scanes silk, 
9d.; 1 yd. cotten, 4s.; Aug. 20, 1678, 1 stock lock, 4s. 6d.; 
2 Chest locks, 3s. 6d.; 4 yds. Ribben, 3s.; 1 quier of Paper, 
8d.; Oct. 26, 1678, Remnant of Stufe, 2s. 6d.; 2 Scanes of Silke, 
3d.; Mar. 13, 1678-9, 6 threed laces. Is. 6d.; 1 combe. Is. 8d.; 
200 Shoenailes, lOd.; all to be paid in merchantable white oak 
pipestaves. To Sundry goods to be paid in red oak hohd. staves. 
May 10, 1679, 1 hatt, 12s.; 1 3-4 yd. galloway, lOs. 6d.; 
Ribben, Is.; total, 31i. 14s. lid. Per Contra, Cr., Sept. 27, 
1679, by 500 hohd. Staves, 15s. Due to balance, 21i. 19s. lid. 
June 27, 1681, Errors Excepted p me D. Davison.J Sworn 
at Newbury, 28 : 4 : 1681, before Tho. Danforth,{ Dep. Gov. 

tWrit: Humphrey Deverix v. Isack Williams; for with- 
holding 201i. in silver due by agreement dated June 20, 1680; 
dated June 23, 1681; signed by Hilliard Veren,J for the court 
and town of Salem; and served by Rich. Prytherck,J con- 
stable. 

John Lander, aged thirty-eight years, testified that being 
with Isack Williams, his father-in-law, the latter and Hum- 
phery Deverix agreed that every month's payment should be 
indorsed on the back of the bill. John Wilkinson, aged about 
thirty-four years, testified to the same. They further testi- 
fied that at the same time Deverix bade Williams make a 
pair of shoes for Joseph Getchell, which was to be credited 
upon the first month. Sworn in court. 

{ Autograph. 



1681] RECORDS AND FILES 127 

Mrs. White of Newbery had her former license renewed to 
keep a house of public entertainment and to draw wine and 
liquor for the ensuing year. 

Whereas Margery, the relict and administratrix of Thomas 
Rowell, deceased, presented an inventory to the Ipswich 
court in Sept., 1662, and since it appearing that there was a 
part of the estate not inventoried, and said Margery having 
removed out of this jurisdiction, court appointed Jacob Rowell, 
the only son of deceased, as administrator. Capt. Dudly 
Bradstreet and Ensign Tho. Chandler made oath that Jacob 
was the son of said Thomas Rowell. Jacob Rowell presented 
an inventory of the remaining part of the estate.* 

Nathanel Peeas deposed that he was present when Williams 
delivered to Deverex a parcel of dry hides, valued at 31i. 4s., 
also money at different times. Sworn in court. 

Joseph Getchell, aged about thirty years, deposed that 
Devirex promised that if it appeared that anything toward 
the debt had been paid, it should be deducted. John Lander 
testified to the same. Sworn in court. 

Humphery Deverixes bill of cost, 21i. 12s. 8d. 

Bond, dated June 20, 1680, given by Isack WilliamsJ of 
Salem to Humpherey Devirex, tanner, of Marblehead, for 
leather which he had had of him,, for 221i. in silver, to be paid 
monthly. Wit: John Devorexf and Joseph Gatchell.f Sworn 
in court. Humphry Devorixesf receipt, dated June 24, 
1680, for 15s. 6d. for Isack Williams, sr. John Deverix, jr., 
and Joseph Gatchell, witnesses, made oath to the signature. 

•Petition of Jacob Rowell :t "That whereas y* father of 
yo' Hono" humble petitioner died intestate in y® year 1662 
and administration of his estate was graunted to my mother 
and y* estate then inuentoried disposed of by y« Honoured 
County Court at Ipswich according to an agreement made 
betwixt my s** father & mother before marriage which was 
just & equall as things were then represented to y® Hon*^ 
Court my self being then hardly out of my infancie, and 
my mother not soe much taking notice of my future right 

^ing her childrens psent profit, I humbly Conceiue, 

things was not soe fairly represented to y* Honor*^ Court as 
ought to haue been done, for the inuentory then giuen in 
was false, there being aboue sixscore acres of Land not in- 
uentored, some meadow & other things, alsoe 50^ taken out 
of my fathers estate in Consideration of w* my mother had 
when he married her though I cannot understand she had 

t Autograph. J Autograph and seal. 



128 SALEM QUABTERLT COUBT [JUDO 

John Allen, convicted of and having confessed to notorious 
and barbarous speeches against authority, the court, judging 
it their duty to bear witness against such sinful practices, 
fined him, much favor being shown him on account of his 
free confession.* 

half soe much with her, upon these and other Considerations, 
I haue just Cause to think that y* abousd Hon^ Court at 
Ipswich did not dispose of sd estate as they would haue done, 
had they been rightly informed my humble request to this 
Hond. Court is that they would be pleased to reuise y* prem- 
ises, & take such Care of y* only child of a deceased father 
that he may have his due of his fathers estate, and that others 
may not goe away with it, to whome it Cannot of right belong." 
He also requested to be appointed administrator, he being 
of age. 

Inventory of the estate of Thomas Rowell, not included in 
the former inventory, brought in by Jacob Rowell,t and 
appraised by Dudley Bradstreetf and Thomas Chandler :t 
One hundred acres in the great division, lOOli.; 25 acres of 
upland on Indian plain, being the third division, 301i. ; meadow 
on ye west side of Shawshin river in 4 parcells, 301i.; 5 acres 
of meadow which was the last division of meadow, 151i.; 7 
acres & a half of upland which was y^ swamp division, 71i.; 
total, 18211. Where there were 121i. mentioned for meadow, 
they left out 5 1-2 acres as it was laid out by the lot layers, 
which was worth far more than 121i. 

♦Warrant, dated June 20, 1681, for John Allen's appear- 
ance, signed by Daniel Denison,t and served by Robert 
Lord,t marshal of Ipswich. 

Summons, to Stephen Greenleafe, jr., to appear as a witness, 
signed by Daniel Denison,t and served by Joseph Pike,t con- 
stable of Newbury, who charged Is. 6d. for the service, Green- 
leafe living about three miles from his house. 

Stephen Greenleafe, jr., aged about twenty-nine years, 
testified that in November last, the day before Salem court, 
being at Beverly in company with Daniel Waicum of Roule 
and John Allen of Solsbery, he heard Allen say that red- 
headed dogs and red-headed rogues ruled the country. Sworn, 
July 16, 1681, before Daniel Denison.f 

Danell Wicom, aged above forty years, deposed that the 
discourse was about some differences between Major Pike 
and one Houke regarding lands. Allin said, ''frend wickam 
I tell you this countrey is Ruled by Red hedid curs and Red 
heded dogs and Red hedid Rogs." Sworn in court. 

t Autograph. 



1681] BBCORD8 AND FILES 129 

Court having read a motion from the Suffolk county court 
for the appointing of persons to join with a committee from 
that court to lay out a new highway from Lynn to Boston, 
and considering that the present highway had been long 
continued and was at first orderly settled, and further not 
knowing any dissatisfaction in this county with the present 
established highway, it was ordered that action be suspended, 
pending investigation.* 

John AUen'st petition: "I owne and I pray god to forgiue 
me, for I do Acknowledgs I haue don Exceedingly wickedly 
in three Respects, in the first place, I haue stroake the Law 
of God, in Raising A scandall of the fathers [of] our Common 
Wealth: 21y :I do owne that I Neuer had Any Reason to 
Speake or think any Euill of the Gentlemen but do Declare 
that I Desire this Paper May be Read for the satisfaction of 
the Cuntrey that I haue Causlesly and wickedly Abused the 
Honoured Gentlemen, and 31y: I was in and Under the 
Temptation of my Corrupt Base Nature that I Harkened 
to that; That plunged me into this Great Trouble But I houpe 
this Honord Court will be pleased to Extend Charity to me 
and my Case and Take my word that I neuer More will by 
the help of God do any More So wickedly So Humbley Sub- 
miting my selfe to y* Good will and pleasure of God and your 
Honours Marcy: I Subschribe my selfe though not worthey 
to be so Called by Reason of this Great Misdemeanor Your 
honours moast Inferiour Seruant to Command Upon all 
occasions to my Utmost Power." 

*Copy of an agreement of the bounds of Boston, Charlstown 
and Lyn in 1639, made by Abraham Palmer, Timmothy 
Tomlyns and John Olliver, appointed by the court to run the 
line between Boston and Lyn. They agreed "to Run a 
nornorwest Lyne into the Country from a tree marked standing 
Closse to brides brook near to the foot path to be Run by a 
meridian Compase the propriety of Any Lands layd out to 
the Inhabitants of Lyn being not disturbed." Copy from the 
Lyn records made by John Fuller,t town dark. 

"Boston: June 27 : 1681 
"Worp:** & much hon'^ Gentlemen 

"I have accidentally been made acquainted with an order 
of our County Court obtayned as is p'sumed by surprize A 
since y* same remain ineffectuall without yo' Concurrence 
I p'sume to lay before y~ y following Consideracons. 1: 
That Wynnysymet ferry is stated by y* Gen'll Court & for 
many years although unprofitable to y* propriet" was for 

t Autograph. 
8 



130 SALEM QUARTERLY COURT [JUDe 

y« Countreys Conveniency & in hopes of future advantage 
mayntayned by M' Bellmgham And y* y^ Improvemts on 
y* Estate have been principally For y Accomodacon of y* 
Ferry Noe less then Three hundred pounds haveing upon 
y* Compl* of Travellers for want of Convenient shelter been 
layd out by myselfe for building y« new ferry house & stables 
w^ would in a manner be useless in the place they stand in 
should y Ferry be Vnsettled or Removed 2^: That y* Ferry 
by grant & useage for about fifty years is become a Heredi- 
tament & cannot be Alienated or Destroyed but by y* Gen'U 
Court & y* for Valluable Consideracon to y* propriet' 3**. 
That y* project however disguised is private & pticuler (& 
not publique) advantage & Conveniency had y* last been 
Intended Some Grand Jury men or Select men of Lyn or 
Boston would have made Complaint but noe Complaint nor 
Complaynent are to be found or heard of in our Records nor 
from y* Clarke. y* pass'd y* order Now our Law Seems to 
provide however Reason Requires y* noe publick order should 
pass but upon publicke Complaint That y^ Informant & 
Informacon being knowne the ptyes Concerned might have 
opertunity to object & make defence But for want thereof 
I am necessitated to this address. 4^^ That y* designed 
way will be far more Inconvent & unsafe as I am ready to 
Demonstrate then y* soe long layd out & used & That y* 
Valine of land y* must necessarily be Imploy'd for these new 
highways, alteracon of fences & to make a firme foundation 
for a Bridge will be very Considerable and more then y* Towns 
of Lynn & Boston will be willing to pay But on y Contrary 
Boston as is supposed when y* project shall be knowne will 
Universally oppose it as y* which Infers as great Mischiefe 
and Inconveniency to y* Towne as to M' Bellingham These 
Consideracons with y* Remembrance of y* Injury formerly 
designed M' Bellingham and y® great Expence & trouble to 
himself & y* Countrey for Redress will I humbly hope p'vaile 
att Salem to Reject this Motion And soe p'vent y« many 
Inconveniencys y* will otherwise Ensue And oblige mee al- 
wayes to hon' yo' Justice & Remayne 

*' Yo' most humble & FaithfuU Serv* 

" Richard Wharton."* 
Copy of the perambulation between Boston and Lyn on 
Mar. 30, 1675, by Thomas Laughton, Thomas Marshall and 
John Newhall for Lyn, and Elias Mavericke, Elisha Huchin- 
son and John Smith for Boston. They agreed upon *'the 
Line nor norwest as afowrsayd to be the bounds betwixt the 
Towns: part of wich line wee Run this day And Ouer agaynst 
the Hows where formarly Richard George Liued wee Agree 

^Autograph. 



1681] BECOBDS AND FILES 131 

upon a Noatted mark oupon the top of a Little Round hill 
about ten or twelf Rods to the Westward of the Cart path 
viz a Great Rock with a heap of stones one it ouer wich Rock 
Hanges a bough of a white Oake marked in the line.'' Copy 
made by John Fuller,* town clerk of Lyn. 

Agreement between Boston and Lyn, Mar. 30, 1675, 
Elisha Huchinson being desired by Lyn to run the line ''wich 
is between boston Land or Rather M' Samuell Bennetts Land 
and Land belonging to Lyn I did Run a line Nor Norwest 
by a merridian Compas or a neadle touched with his noe 
variation alowed from the midle of Brids Brook untill wee 
Came to Redding as wee suppossed and near The Scotch 
hows at a Crache black oake with a heap of stones about it 
wee fell about f owr Rods and a half e to the westward towards 
boston Land and in the line wee Rane wee marked seuerall 
Trees and Layd Heaps of Stones and in the line ouer Aganyst 
Richard Georges Hows wee fell about as much from a formar 
marke wich was A heap of stones as wee did at the Scotch 
hows this Line was Rune 22 of Aprill 1671." Copy made 
by John Fuller,* Towne Clerk of Lyn. 

At a county court for Suffolk, Apr. 26, 1681, Capt. Elisha 
Hutchison, Mr. John Fayerweather and Deacon Jacob Elliott 
were appointed a committee with a committee from Essex 
county to lay out the most convenient and nearest way from 
Lynn to Boston, which is supposed to be over Noddle's Island, 
and to make return to court. Copy made by Isaack Adding- 
ton,* clerk. 

At a meeting of the selectmen of Lynn, 9:3: 1671, it was 
agreed that the two following agreements should be entered: 
''This 13*** of May 1662 Articles of Agreement betwene Sam- 
uell Bennit in behalfe of boston Selectmen of the one part 
and the sellectmen of Lyn on the other part viz to settle the 
bounds between our Towns as foUoweth that wee doe Agree 
to measur from the middell of bryds brooke wher the foot 
path now Goeth upon a Square or straight Lyne to Maiden 
Lyn and soe to Run up Maiden Lynne untill wee Come to 
the Lenth of ether of the three last Stations of m' Fichers 
Lynne And from the sayd place of Maiden Lyne to Rune 
upon a strayt lynn or a square Lynne downe to the sayd 
Lynn of M' Fichers if it be within thre or four poolls of the 
bredth between brids brooke and maulden lynne or if it be 
not then to make That stattion to be with in three or four 
pools of the bredth aforsayd att brides Brooke and ther to 
make a Certaine Stattion and one Abideing marke and from 
that Stattion to Rune upon a strayt lynne to brids Brooke 
afowrsayd and According To thees tow stattions to Rune 

** Autograph. 



132 BALEM QUABTERLT COURT [June 

till wee Come ouer Agaynst John Poolls mill or as fair as 
boston and Lyns lands Joyne and this to be our Certayne 
standing Bounds between our Towns If the sellectmen of Bos- 
ton Consent hearunto and Samuell Bennit doth in the behalfe 
of boston selecttemen make Choyse of Leuft Ficher to Rune 
thes Lynns Acourding to the premisses if thay Accept of it 
And to be done in a months tyme as wittnes our hands the 
day and year aboue wrightten and is Alsoe Agreed that the 
Charges of the Arttis shall be Equally payd Between The 
Towns as wittnes our hands 15**" may 1662. Thomas Mar- 
shall, Thomas Laughton, John Hawthorn, Samuell Bennitt." 
' The selectmen of Boston, by Hezekiah Usher, recorder, on 
May 16, 1662, confirmed this agreement. Copy made by 
John Fuller,* town clerk of Lyn. 

Warranty deed, dated Nov. 29, 1649, from Val. Hillf of 
Boston, merchant, to Samuell Bennet of Linn, carpenter, a 
parcel of land called Walker's plain, between Linn Village, 
called Redding, and Hammersmith or the Iron works, bounded 
eastward by a small river dividing the plain and land of Mr. 
Leader of Hamersmith, northward by Linn river and the 
said small river meeting in one southward and westward by 
land of Samuell Bennet, lately purchased by him at the hand 
of Capt. John Leverret of Boston and grantor. Wit: Thomas 
Beard* and Henry Griffith.* Recorded, 15 : 10 : 1649, by 
William Aspinwall,* recorder. 

Copy of the foregoing transaction made by Free Grace 
Bendall,* recorder, taken from Suffolk records, book 1, page 
110. 

Copy of deed, dated Oct. 1, 1649, from John Leverett and 
Vail Hill of Boston to Samuell Bennett of Lin, 600 acres of 
land, formerly purchased of Mr. Thomas Fowle, bounded 
on the southward by Capt. Robert Keine's farm, a certain 
creek dividing between the said farm and it, with the line 
of the bounds of Charlestowne westward, the line of Lin 
bounds eastward and northward, to the uttermost bounds 
of Boston in that place. Wit: John Tucker and Robert 
Hubert. Copy made by Free Grace Bendall,* recorder, 
taken from Suffolk records, book 1, page 110. 

Perambulation between Boston and Lyn, dated Apr. 16, 
1678, made by Thomas Brattle, John Fairweather, Elisha 
Huchinson, John Smith, for Boston, and Thomas Laughton, 
Thomas Marshall, Ralph King, Andrew Mansfield, John 
Burrill, for Lyn, according to agreement. May 15, 1662: 
*'Wee Rune a lyn nornorwest by the Compass or neadle 
without Alowing Any thing for variation wich lyn is paralel 
to the Lyn betwixt Boston and Maiden as it had ben for- 

* Autograph. f Autograph and seal. 



1681] BECORDS AND FILES 133 

Mr. Richard Hubbard dying intestate, Sarah, the relict, 
was appointed administratrix, and the settlement of the 
estate was referred to the next Ipswich court.* 

marly Run from the midle of brides brook unto a heap of 
stonns oupon the Rock with in Goodman Edmonds fence 
from thence to a walnut tree marked on the one side B on 
the other side L wich Tree hath a heap of stonns at the Roote 
of it: from thence to a heape of stones upon a Litle brow 
of a hill ouer agaynst Goodman Gorges Hows wich stones 
Lyeth Eight Rods northerly from a tree marked in the bough 
of it wich bough Hanges ouer a Rocke from thence to a small 
Black Oake marked this Day B on the one syde L on The 
other side and a heap of stones about it wich stands neer the 
path att the foot of the hill one the south side of the Riuer 
befour you come att the scoch Hows: and soe Continuinge 
the Lyne Leuing the Scoch Hows within Line bounds: and 
so to a tree marked XXIII with stones about it: from thence 
to a tree marked XXIIII with stones about The Roote upon 
the syde of a hill aboue and cald Corne feilde: and soe to a 
tree marked one syde B on the other syde L with stones about 
it and soe to Another Tree marked on one syde B on the other 
syde L with a heap of stones about it: and from thence to 
the Corner bounds betwixt Boston and Lyn wich bound is 
Alsoe in Redding Lyne wher wee Rayssed a Heape of Stones 
upon a syd of a Mil with severall other marks in the Af owrsayd 
Lyne." Copy as entered on Boston records, May 24, 167^, 
by John Joyliffe, recorder, and on Lyn records by John Fuller,t 
town clerk. 

Joshua Fisher certified to his running the line on Apr. 12, 
1669. Copy made by John Fuller,t town clerk. 

Thomas Towers, aged about fifty years, deposed that 
about twenty years past, when he cut some wood with other 
men for the use of the old Iron works at Lyn, the town claimed 
it was cut on the common and chose Mr. Laughton and Thomas 
Wheeler to discharge the wood cutters. The latter marked 
three trees, beginning by the pond belonging to the Iron 
works, a little walnut tree near the head of the two little 
ponds in or adjoining Plough plain, and on Reading old path 
at the head of that plain, a little crooked white oak. Mr. 
Bennett called it his property while deponent lived at the 
Iron works. Sworn, June 28, 1681, before Bartho. Gedney,t 
assistant. 

♦Inventory of the estate of Mr. Richard Hubbard, late of 
Ipswich, taken June 14, 1681, by John Appletonf and John 
Whipple :t his dweling hous & out housing with orchyard 

t Autograph. 



134 SALEM QUARTERLY COURT [June 

Capt. Richard Walker, Capt. Thomas Marshall and Mr. 
Thomas Laighton were sworn commissioners of Linn. 

[John Ballard took the oath of clerk of the troop, under 
command of Capt. Richd. Walker of Lyn, being presented 

& priveledge of comon and land adjoyning amounting to 
220 acres more or less, lOOOli.; by the revertion of a hous 

6 lande in the hands of Robart KoUom, 2001i.; his waring 
clothes Linon & woollin, lOli.; two oxen, one stere, 141i., 

7 cowes, 211i., 3 yeare olds, 2 calves, 41i., 391i.; one horse, one 
mare & coult, eleven sheep, 4 lambes, 16 swine, 241i.; in the 
parler, a bedsted wth a downe beed with what belongs to 
it & two trundle beeds wth what belongs to them, books, 61i., 
281i.; one truncke, one cubbard, one chest, 2 boxes, 6 lether 

chayers, thre sute of curtins & a cubbard cloth, 91i. 2s.; 

looking glase, thre baskets, one worming pan, Hi. 12s.; in 
the poarch chamber, a fetherbeed, bolster, pillows, Curtins 
and what belongeth to it, 121i.; money, 31i., plate, 121i., cub- 
burd wth drawers, a trunke, 25s., 161i. 5s.; in the parler 
chamber, beedsted wth a fether beed & sute of curtins with 
what belongs toe it, 91i. ; 3 trunkes, 2 chests, one boxe, 3 chayers, 
two Rapiers, 51i. 16s.; two payer of Large hollon sheets, 2 
payer of flaxen sheetes, 81i.; seven payer of hommade sheets 
& 5 payer of sheets, llli.; 4 duz. & a half of napcines, 41i., 
five diaper table clothes, 71i. 10s.; 6 hollon cubbord clothes, 
20s., two paier of holon pillowbeers, 20s., 21i.; eight paiere 
of flaxen pUowbeers, 40s., 14 table clothes, 40s., 41i.; 12 towels, 
12s.; payer of pilowbeers, 3s., 10 yds. of coars cloth, 40s., 
21i. 15s.; 171i. of yarne, 50s., sheeps wooll, 12s., 4 spinning 
wheels, 2 saddles & bridle, 71i. 2s.; large chest, 10s., 3 sakes 
wth a remnant of sakin, 21i.; flaskit, 2 tubes, cradle, serene, 
flockbeed wth what belonges, 31i. 10s.; 1251i. of pewter, 121i. 
10s., earthen wares & glasses, 20s., 131i. 10s.; flagin, beedpan, 
3 candlesticks, 3 chamber pots, 2 quarte pots, two brase 
candlestikes, 3 Iron candlestikes, 41i., earth ware & glases, 
20s., 2 tables, one cubburd, 8 old chayers, 31i. 10s.; payer 
of dogg cobirons, 20s., fouling pece, 30s., 21i.; 2 tramels, 
2 paier of tonges, slice, 20s., scales & waites, 20s., 21i.; boxe 
iron, 6 cuchins with some small things, Hi.; 3 brass pots 
with hooks, a copper, 2 brase Eetls, brase pan, 121i.; 2 irone 
Eetles, 3 brasse scilits, 2 spits, a trevit, A racke, 21i. 14s.; 
gridiron, 2 driping panes, 40s., 4 Kelers, 9 trayes, a cherne, 
lli. 3s.; tubes, barels, firkins, chespress, paieles, 21i. 2s.; 
utensils for husbandry, 41i., a bull, 40s., 61i.; debts due to 
the estate from sevrall men, 41i. 4s.; total, l,4571i. 5s. Debts 
due from the estate to sevrall men already knowne, 691i. 
13s. 3d. 



1681] RECORDS AND FILES 135 

by Capt. Walker and Lieut. Ralph King. -^ Wade Book.] 
Mr. Benjamin Gerrisb, John Leach and EzekieU Cheever 

took the oath of freeman. 

Mrs. Ann Hathorne, executrix of the will of Maj. William 

Hathorne, deceased, presented the will,* which was proved. 

* Will of Wm. Hathorne} of Salem, dated Feb. 17, 1679-80: 
''It I Giue unto the two sonns, of my sonne Eleazer Hathorne 
late deceased viz: william & Samuell, forty pounds apeece, 
& to his daughter Abigaile, twenty pounds, which one hundred 
pounds, I doe order & appoynt my sonne John Hathorne 
to pay unto them out of what of my estate, I doe giue him, 
as is heareafter exsprest, to the sonns, paiable at the age of 
one & twenty yeares & the daughter at eighteene yeares or 
marriage, and in case either of them depart this life before 
they come of age, as aforesaid, then his or theire part to be 
to the suruiuing, an equall part. 

''I Giue to my sonne John Hathorne, all my houseing & 
land oarchard & app'tenances lying in Salem, to him & his 
heires for euer. It wheareas I had formerly giuen to my 
sonne William ( late deceased ) in his life time three hundred 
& twenty Acres of land lying neere Groaten with two ad- 
ventures at Sea, I doe by this my last will & testament con- 
firme the same, & my will is, that Sarah his wife, my daughter 
in law, shall Haue & hold the same to her & to her heires & 
assignes for euer It for the other part of my farme at Groaten, 
Jervice Helwyes my grandchild, I giue it to him & his heires 
& assignes for euer prouided he come ouer out of Urop to 
enjoy it, if not, then I giue it to my daughter Sarah Coakers 
two eldest sonns, by her husband Coaker, that are now liueing. 
It I giue to all the rest of my grand children ten shillings 
apeece payable to them, within one yeare after my decease: 
It I doe giue unto Ann my deere wife, all my moueable estate 
both within doare & with out to be at her dispose for euer, 
whome I make sole executrix of this my last will & testament 
and I doe appoint my sonne John Hathorne, & my sonn in 
law Israeli Porter to be ouerseers of this my will & assist my 
wife:" Wit: Hilliard Veren, sr.,t and John Pickering.f 

Inventory of the estate of Maj William Hathorne, Esq.. 
taken June 10, 1681, by Hilliard Verenf and John Pickering :f 
his dwelling house with the outhouseing, oarchard & land 
adjoyning & belonging thereto containing of upland & meddow 
about 60 acres, 4501i.; a smale pcell of land for a warehouse 
at the burying poynt, 21i.; 5 cowes, 161i., 2 yearling heifers, 
40s., 171i.; 4 swine young, 48s., 31 sheepe, 9h. 6s., llli. 14s.; 

t Autograph. {Autograph and seal. 



136 SALEM QUABTEBLT COUBT [June 

Tho. Maule, being attached by Richard Croad and not 
prosecuting, was allowed costs.* 

Mr. Thomas Woodbridg dying intestate, administration 
upon his estate was granted to Mary, the relict, who swore 
to an inventory,! which she brought in. 

12 lambs, 48s., 2 horses & 1 mare, 61i., 81i. 8s.; 7 mares & 
colts wild in the woods, 71i.; severall goods left in the house, 
bedsteeds, cubbords, tables, chaires, chests, potts, tooles, 
cart tackling, plow geere & other lumber, 71i. lOs.; chest 
with severall old bookes, 41i. 10s. ; a f arme at or neare Groaton 
containing about 640 ackers, 501i.; plate, 81i.; cash, llOli.; 
featherbed, bolster, pillowes, curtaines, vallins, & all appur- 
tenances, 81i.; 1 more featherbed, coverings, Rugg & appur- 
tenances, 61i. ; 1 more featherbed smaler one, Ruggs, blanketts 
& appurtenances, 41i. 10s.; flockbed, bolster, & all belonging 
thereto, 21i.; a turky carpett & 2 old carpetts. Hi. 15s.; 9 
chaires, 8 joyne stooles & 10 cushins, 21i. 10s.; 3 guns, 3 old 
pistoUs, Rapier & cutles, 31i.; his wearing apparrell woUen 
& linen, 151i.; 66 yds. linen & cotten cloath, 81i. 58.; pewter, 
31i.; brass Kettles, pan, pott, scales, skillets, warming pan, 
&c, 51i.; Iron potts & other housold goods & iron. Hi. 10s.; 
old axes & other old tooles & lumber, 10s.; 6 yds. home made 
woollen cloth, Hi. 7s., a still & appurtenances. Hi. 10s.; lOli. 
linen yarne & 121i. of cotten & flax, 21i. 4s.; table, bed & 
housold linen &c., llli.; horse furniture &c.. Hi.; total, 7541i. 
3s. There is somthing owing from the treasurer, & somthing 
owing to ye contrye or demanded for powder money not 
yett knowne. The estate is Dr., for funerall expences, 4 Hi.; 
oweing to severall men. Hi. 2s. ; total, 421i. 2s. 

*Writ, dated June 16, 1681, for claiming plaintiff's land, 
signed by Hilliard Veren,J for the court and town of Salem. 

Thomas Maule's bill of cost, 15s. 

flnventory of the estate of Mr. Thomas Woodbridge who 
died Mar. 30, 1681, taken June 3, 1681, by Dudley Bradstreet:t 
the dwelling house, warehouse & about 3 qrs. of an acre of 
land, 15011.; about halfe an acre of land by the water side, 
201i.; three feether beds, 1 flockbed with the bedsteads & 
furniture belonging to them, 201i.; eight pare of housewifes 
sheets, 3 paire of dowles pillowbyes, 21i. 4s.; foure paire of 
sheets of a finer sort with 2 paire of pillowbyes. Hi. 10s.; 
Two paire of hoUand sheets with 2 paire of pillowbyes, 21i.; 
Two hoUand tablecloathes, 23 diaper napkins & two callico 
cupboard cloathes, Hi. 10s.; Two course tablecloathes & 24 
napkins, 12s. ; Ten course towells, 5s. ; Halfe a dosin of leather 
chaires, 2 broken. Hi. 4s.; 7 great chaires wth armes & 18 

t Autograph. 



1681] RECORDS AND FILES 137 

Griffen Edwards, husband of Elizabeth, daughter of Ann, 
the now wife of Mr. John Miles, the only surviving child of 
John Humphryes, Esq., deceased, presenting a letter of attor- 
ney from Ann, his mother-in-law, and also a certificate from 
the mayor of Clonmell in Ireland that Ann was the only 
surviving child of said Humphreys, was appointed adminis- 
trator of the estate in behalf of his mother-in-law of all the 
estate of John Humphrey in the colony of Massachusetts. 
Court having formerly ordered Mr. Thomas Price and Mrs. 
Elizabeth Pelham, upon receiving Col. Humphrey's farm at 
Lyn, to pay 751i. 17s. to Mr. Edm. Batter, which was a debt 
due from the estate, it was now ordered that said Price and 
Pelham should keep the farm in their possession until they 
shall be reimbursed that amount in good vendable English 
goods or provisions, and until they also be reimbursed lOli., 
which as a legacy of Mr. Joseph Humpherie they paid to 
Mr. Samuell Whiting, the pastor of the church of Lyn, and then 
upon such receipt that possession be delivered to Griffen 
Edwards.* 

small chaires. Hi. 12s.; a chest of drawers, 10s.; Three chests 

6 two trunks, 10s.; Three old trunks & two small ditto, 
14s.; fifteene pewter dishes, two basins, 1 dosin of plates, 

7 pottingers & a mustard pott, 31i.; 2 chamberpotts & a 
tankard, 5s. ; Earthen ware, old pewter & old latin ware, 10s. ; 
five silver spoones & a wine cup, 21i. ; 1 brasse kettle, 1 warm- 
ing pan, 2 skillets, skimmer & ladle, 21i. 5s.; 3 paire of Iron 
andirons, 3 trammels, 1 firepan, 1 paire of tongs, 1 Iron forke, 

2 Iron candlesticks, 1 spitt, 1 chopping knife & a chafin dish, 
lli. 58. ; 2 Iron potts, 2 Iron kettles, 1 fender, 1 Iron dripping 
pan, 1 gridiron, 21i.; 1 Jack & chaine, 1 old muskett, lli.; 

3 tables, Hi.; his wearing cloathes, 51i.; barrells & lumber 
& a sieve, 10s. ; 7 cushions, 3s. ; 2 bibles & 2 other books, 5s. ; 
3 boxes, 3s.; cash, lli. 3s.; 2 load of wood, 5s. 

^Petition of Griffin Edwards,t attorney to John Miles and 
Anne, his wife, the only surviving child of Col. John Hum- 
phreys, deceased: that whereas court, on 26 : 9 : 1672, ordered 
Elizabeth Pelham and Thomas Price to have possession of a 
farm at Lyn, which was at that time in the possession of 
Edmund Batter, administrator, with Joseph Humphreys, 
of the estate of Col. John Humphreys, here in New England, 
he now requests that the estate be settled upon the right heir. 

fAutogri^h. 



138 SALEM QUABTERLT COURT [June 

Abigaile Lambert chose her uncle Thomas Lambert to be 
her guardian and it was allowed. 

Richard Richesson dying intestate, administration upon 
his estate was granted to Amy, the relict, who brought in 
an inventory,* which was allowed. Court ordered to Richard, 
the eldest son, 61i., and to John, Frances, Thomas, Ebenezer 
and Mary, 31i. each, at age or marriage; the remainder to the 
widow. 

Thomas Robbins being sent for by warrant to appear before 
the court to give reasons for refusing to acknowledge a deed 
of gift to Richard Croad's daughter of some land, court 
ordered the deed be entered as a caution, he not being able to 
appear through weakness. 

Mr. Samuell Apleton, appellant, was bound to prosecute, 
with Major S. Appleton, Mr. Ed. Batter and Mr. Hugh 
March, as sureties. 

John Tomkins dying intestate, court granted administra- 
tion to Mary, the relict, and John Tompkins, son of deceased, 

John Floyd, aged about forty-five years, deposed that 
being at John Mieles house the last spring he heard Miels 
and his wife say that they had appointed GriiBfin Edwards 
their attorney. Sworn in court. 

Edward Richards, aged about sixty-five years, deposed that 
John Miles and his wife Anne appointed their son. Griffin 
Edwards, their attorney. Also, that Mr. Jonathan Palmes 
sent for deponent to Boston, Jan. 17, last and desired him 
to assist his brother, Griffin Edwards, etc. Sworn in court. 

Letter of attorney, dated Jan. 15, 1680, given by John 
MylesJ of Swanzey, colony of New Plimouth, in New England, 
clerk, who married Ann Palmes, relict of William Palmes, 
late of Ardfinan, County Tipperary, Ireland, gentleman, and 
Ann MyelsJ his wife, to their son Griffin Edwards of Boston, 
merchant. Wit: Jno. Haynesf and Roger Dobelday.f 

♦Inventory of the estate of Richard Richeson, brought in 
by the widow. Amy, taken June 24, 1681, by Roberd (his 
mark) Rand and William Bassett:t on house and land, 
401i.; to cowes and on caf, 61i. 10s.; on hors, 51i.; swin, 91i.; 
on barn, 41i.; beding and bedsted, 21i. 10s.; lorn ware. Hi. 
10s.; wearing cloaths, 21i.; chests, chears, whells, cradle, on 
setell, on pall and tras, 21i.; putr, 8s.; armes. Hi.; Ingin 
come and mault, Hi.; flax. Hi.; met, 6s. 8d.; on pese of 
serg and linin cloth. Hi. 4s. ; total, 771i. 8s. 8d. 

t Autograph. { Autograph and seal. 



1681] RECORDS AND FILES 139 

who brought in an inventory* of the estate, the land to be 
for security, and the estate was to be settled at the next Salem 
court. 

♦Inventory of the estate of John Tomkins, taken June 30, 
1681, by Edmund Batterf and Nathaniel Felton, sr.:t dwelling 
house, barne, outhouses, orchard, with about seaventeene 
acres of improved land, lOOli.; an acre of fresh meadow, 21i.; 
bed and bedstead with all furniture thereunto belonging, 
31i. 10s.; 2 payre of sheets, a blanket, 2 shirts, Hi. 10s.; his 
wearing Apparel, 21i. 10s.; 4 pewtor platters, 1 basen, a drip- 
pinge pan, 9s.; linnen & wollen wheele, 3 chests, 3 seives and 
other lumber as tubs, payles &c.. Hi. 10s.; Iron pot, pothookes, 
hake, fire shovel, tongs, firepan, gridiron, 12s.; an old brasse 
ketle & skillet and a parcel of Linnen Yarne, 10s. ; Tow combe 
with a brake & toutow. Hi.; flax and hempe, Hi. 5s.; Indian 
Corne, 21i.; workinge tooles, 10s.; 2 cowes 32 yeare old, 
2 calves, Hi. 10s.; 3 swine, 31i.; musket and sword, morter, 
smoothinge iron and some smal bookes, 21i.; Corne upon 
the ground, 21i.; total, 1351i. 16s. 

More to be added to the inventory: an how, croe, plow 
chaine, wheelebarrow, cops & pin with old iron, Hi.; stone 
jugg & bill hook, 3s. 6d., sheeps wooll, 4s., 7s. 6d.; load fresh 
meddow Hay, 10s., 2 B. Ry, 8s., 18s.; By what the estate is 
credit by severall men, viz., John Felton, 9s.; Frances Nurss, 
8s., John Nurss, 6s., 14s.; John Tompkins, 15s.; Hugh Joanes, 
10s.; more by John Tompkins, 3s. 6d.; the widdow Tompkins 
to pay for corne spent. Hi. 4s.; total, 61i. Is. John Tomkins 
debter to Mr. Batter, Hi. 10s.; John Hibbert, 21i. 7s. 6d.; 
Mr. Roberts, 16s. 6d.; John Foster, sr., 15s. 6d.; Mr. Geerish, 
31i. 2s. 6d.; Capt Price, 21s., John Cromwell, lis. 7d., Hi, 
12s. 7d.; Mannasses Maston, 5s., Jon. Foster, 24s., Hi. 9s.. 
Isaack Cook, 98., Samuell Ebborne, 4s. 6d., 13s. 6d.; Wm. 
Osbourne, 14s., Mr. Bowditch, 20s., Hi. 14s.; Nathaniell 
Silsby, 14s., John Procter, 3s., 178.; John Bachelor, 13s., 
John Pudney, 2s. 6d., 15s. 6d.; a steere dyed. Hi. 15s.; 23 l-21i. 
of flax owing Jacob Read^ Hi. 3s. 6d.; spent by the widdow 
in corne & Ry, Hi. 4s.; Tho. Maule in money, 10s.; rent for 
the cows to Mr. Woodbery, and two cows delivered him, 
61i. 12s.; total, 261i. 16s. Id. 

An addition to the inventory of the estate of John Tomkins, 
which inventory was delivered into Salem court in June last, 
1681, taken by Edmond Batterf and Nathanel Felton if two 
acres of Indian corne upon the ground, 21i.; thre bushels of 
Rye, 12s.; a parcel of Oates, 12s.; five load of hay, 21i. 10s.; 
one Cow, 21i.; an Iron crow, plow chayne, wheel barrow^ 

t Autograph. 



140 SALEM QUABTEBLY COURT [June 

Humphry Woodbery had his former license renewed for 
the ensuing year. 

George Darling had his license renewed. 

Sarah Needham, presented for fornication, upon common 
fame, she having had a child born within three months, was 
fined.* 

The Worshipful Bartholmew Gedney, Esq., was ordered to 
disburse what money came into his hands for the repair and 
making secure the prison at Salem. 

John Davis, for abusing Mr. John Tawley in his own house, 
calling him rogue and cheater, and challenging him out of 
the house, was fined.f 

Whereas this court, by order of the General Court, was 
impowered to take into their hands all the estate of Nicholas 

<;ops & pin with some old iron, Hi.; stone jugg and bil hooke, 
3s. 6d. ; sheeps wooU, 4s. ; total, 91i. Is. 6d. The estate of the 
Relict before mariage, 35 acres of land with the old house, 
1201i.; halfe an acre of salt marsh, 51i.; bed and trundle 
bedstead, 12s.; total, 12511. 12s. 

Nathaniel Tomkins, John Tomkins, Sarah Tomkins, Eliza- 
beth, Mary, Deborah, Priscilla. 

2 Load of hay to Goodm. Beanes for Boards to repair my 
husband Tomkins his housing, 21i.; halfe a steere to Samll. 
Small for building my said husbands Barne, 21i. Is.; To the 
said Small out of my owne Estate in money on the same acct., 
lli. ; a cow lent my said husband that was my Daughters and 
never repaid, 31i. ; 23 l-21i. flax lent him wch was my owne, lli. 
3s.; total, 91i. 5s. 2d. An account of sundry things of mine 
mixed with my husband Tomkins his estate contrary to agree- 
ment made: 7 head neat cattle at about 141i.; 7 swine, 31i. 
10s. ; 50 Bush. Corne, 61i. 5s. ; 10 load Hay, lOli. ; total, 331i. 
15s. 

Josiah White and Remember, his wife, deposed that they 
beard John Tomkins say that it was his will that his eldest 
son Nathaniel Tomkins should have his then dwelling house 
with the barn and ground adjoining, because he had given 
him little or nothing and had given his other children some- 
thing considerable or their portions. This was a short time 
before he died. Sworn, Nov. 30, 1681, before B. Gedney,t 
assistant. 

*She was daughter of Walter Fairefield. 

fLynn presentment. Wit: John Longley and Thomas 
Eliott. 

t Autograph. 



1681] RECORDS AND FILES 141 

Maning, either in possession or reversion, and ordered it for 
the necessary use of Elizabeth, wife of said Nicholas Maning, 
and not finding any estate unincumbered, court appointed 
Mr. Samuel Gardner, sr., Capt. John Price and Leift. John 
Higgenson a committee with the assistance of the constable 
as need shall be, to make search for and seize all such house- 
hold goods, bedding and utensils of said Maning's and cloth- 
ing of said Elizabeth's as may be found, and deliver them to 
her, as well as her thirds of all houses and lands in which she 
had not released her dower.* 

*Copy of the record of a General Court held at Boston, 
May 11, 1681, relating to Elizabeth Manning's estate, made 
by Edwd. Rawson,t secretary. 

Return, dated Salem, June 8, 1681, of Samuel Gardner, sr.,t 
Jno. Pricet and Jno. Higginson, jr.,t the committee appointed 
by the county court: ''We went to the house of Mrs. Maning, 
mother to Nich"" Maning & demanded such goods as she had 
in her possession of sd. Nich. Maning who told us y* what was 
in her hands of sd Nich** Maning was atached by M' An* 
Cheekly & left in her hands, we w*** the asistance of Constable 
Rich^ Prithireh seized on said Goods & left them in the hands 
of said Mrs. Maning to be responsable to answer the Courts 
order the perticulers whereof Constable pritherik has an 
accompt we haue also layd out unto her said Elizabeth Man- 
ing at the Broad Feild a pcell of land Containing in breadth 
at the North End next y highway two pole & a half e & bounded 
on the East w*** the land of Lent Jn** Pickring & ranges downe 
southerly the length of said pickrings land & is in breadth at 
the end of said pickrings land one pole & about eleven fott 
& so the west line continued downe to y* watterside takeing 
in all y* percell of land lying to the southward of s** pickrings 
land bounded on the Easte w*** y* land of m' White or M' 
Jno. Hathorne & so downe to y* watter & is in Breadth next 
ye riuer about six pole as it is staked out, & further we haue 
set outto the said Elizabeth Maning as her thirds of sd Man- 
ings housing all the old part of the dwelling house & the land 
whereon it stands one third part of the Barne standing on Rob* 
Grays land y« south End of it A one third part of the shop 
ye south end of y* & we haue layd out unto sd Elizabeth 
Maning one third part of the orchard w*** three Rows of Tres 
thereon being the northerly part of the orchard next Jn*» Preist 
land & staked it out & further we haue staked out in y* Garden 
for her from Robt. Grays land southerly about one pole in 
Breadth from the orchard Fence to the strett Easterly taking 

tAutogn^h* 



142 SALEM QUARTERLY COURT [June 

Moses Vowden dying intestate, administration was granted 
to Mary, the relict, who brought in an inventory* amounting 
to about 1301i., which was ordered to be paid to Mary and 
Elizabeth, children of deceased, lOli. each, at age or marriage, 
and the remainder to the widow. Mary, the widow, and John 
Ormes were bound for the payment of the children's portion. 

Benjamin Felton, being sworn, testified that Joseph Kemboll 
was at the prison in Salem twice in one day while George 
Fairefax was in prison, and he heard said KimboU say to the 
prisoner, "You Rogue, why doe you tell soe many lyes on 
me," and the prisoner replied, "I told noe lyes on you. I 
told the truth for you did cutt of the potthoocks with a knife." 

Joseph Kemboll, complained of for being instrumental in 
cutting or filing an iron put about the neck of one George 
Fairfax, and not denying it, was sentenced to be whipped or 
pay a fine. He was also to pay a fine to Tho. Rayment for 
pursuing the runaway. Court suspended the further pros- 
ecution against him for suspicion of assisting said Fairfax 
in breaking prison, until a later date, Tho. Ives engaging 
for his servant, and execution to go out against both jointly. t 

in one Rowe of apletrees & it is in Breadth next y® street from 
y« Bounds of Rob* Grays land to ye North East corner of 
sd Manings new house, & we doe apoint to her a way out of 
the Garden to y* part of the orchard layd out to her of four 
foott wide along by the fence side." 

♦Inventory of the estate of Moses Vouden, presented by 
Mary Vouden and taken June 28, 1681, by John Browne, sr.,{ 
and Samuell Gardner, jr.:t a small Lighter about 15 tun, 
3611.; flockbcd, 15s., 3 blanckits, 15s., Hi. 10s.; 2 cabbin 
Ru2:e;s & 2 bed Ruggs, Hi. 10s.; muskit, 10s.; 461i. in cotten 
wooil, 2li. IGs.; Iron pott, 7s., small trunck, 3s., 10s.; 3 chests, 
20s., A chest drawers, 40s., 31i.; 2 truncks, 7s., 8 chaires, Ss. 
15s.; 2 small tables, 5s., earten ware, 5s., 10s.; featherbed, 
bedstead & furniture, 51i.; pewtor & Brasse, 71i. 10s.; 5 pr. 
sheets, 2 doz. napkins, 71i. ; 3 table cloths, 6 towels & 6 pr. 
pillowbeers, 21i. 16s.; 2 Cubbard clothes, 10s.; firepan & 
ton^s & glasses, 3s.; debts due to ye estate, 241i. 6d.; about 
24 ^ii\L Rom, lli. 16s.; A barrel molasas. Hi. 5s.; his wearing 
clothes, 61i.; cash, 241i. 18s. 6d.; 13 yds. furston, 138.; 23 
yds. blue linin, lli. 3s.; 6 yds. searge, 18s.; total, 13011. 3s. 6d. 

t Walter Fayerfield, aged about forty-nine years, deposed 

X Autograph. 



1681] RECORDS AND FILES 143 

Robert Wilson dying intestate, Ann, the relict, was granted 
administration upon his estate. She brought in an inventory* 
amounting to 1501i., and whereas there was a legacy of Tamsen 
Buffum's, which by right belonged to Robert and Deborah, 
children of deceased, court ordered the widow to pay it to 
said Robert and Deborah, and to Anna, John, Mary and 
Elizabeth, children by this administratrix, all the six children 
to have 71i. each at age or marriage, except Robert, the eldest, 
who was to have 141i., the houses and lands to be bound for 
security. 

that '^on Monday last was sevennight sum time in the after- 
noon there was a yeuth at my house which had then an Iron 
about his neck which to my understanding did signifie that 
he had bien a Runaway and by the Information that I had 
conserning him he was sayd to be Thomas Rayments seruant 
and at the same time Joseph Kimball was at my house and 
by the sayd Kimbals discoijrc and by the other yewths present 
in words they both were agreed that the said kimball was then 
forth with to haue carryed hom the said Rayments to his 
master but after they had been gon from our house about 
two hours as the sayd Kimball sayd to catch a young hors 
the sayd Kimball did come to our house again and then he 
did tell at our house that he had left the said Rayments boy 
with a horse that he went to catch whilst the said Kimball 
went to geet more help to catch him and when he Returned 
to the place wher he had left him he was gone and Kimball 
said he could not find the boy nor the horse and I doe testifie 
that the last that I did se of the sayd Rayments boy on the 
fore said time he had Irons about his necke." 

William Faierfeild, aged about eighteen years, deposed. 

♦Inventory of the estate of Robert Willson of Salem, taken 
May 8, 1681, by William Traskef and Daniell Southwickrf 
his dwelling howse & outhowseing & ye land wch ye said howse 
stands & is belonging to it in ye Towne, 601i.; 30 acres of Land 
in ye limitts of Salum neer to Samuel Verries Farme, 381i.; 
a standing bedsteed in ye lower roome, featherbed & bolster 
with ye Furniture upon & about ye said bed, 71i. ; one Trundle 
bedsteed & flogg bedd, a small bolster, 3 feather pillowes 
with ye covrings & what elce belongs to ye said bed, 31i. 10s.; 
1 Table cloath & 10 napkins, 15s.; his wearing apparell, 81i.; 

1 Saddle & bridle & 2 rasors, 15s.; 1 cuppboard. Hi.; 3 chests, 

2 boxes & a desk, Hi.; 1 Table & forme. Hi.; chaires & other 
woodden Lumber, Hi.; 3 brass Kettles, 3 Iron potts, warming 
pan, 2 skillets, Ladle, skimmer & dark lanthorne, 21i. 6s.; 

t Autograph. 



144 SALEM QUARTERLY COURT [June 

Hannah Diven, complained of for speaking words of great 
reproach against Mr. Henry Roads, carrying with them some 
reflection against Mr. Whiting, and confessing that if she 
said anything it was done foolishly and wickedly, was fined 
and admonished.* 

a spitt, 2 hakes, firepan, gridiron, a pr. bellowes, 16s.; a 
f owleing peece, musket, sword & belt, 21i. ; 12 pewter porringers, 
18s., 10 pewter Basons, 25s., 21i. 3s.; 12 pewter platters, 21i.; 

1 brass candlestick, 2 pewter potts & other small pewter ware, 
8s.; glasses, 2s., bell mettle morter & smoothing Iron, 8s.; 

2 Bibles, 12s., earthen ware. Is., 13s.; 161i. Lynnen & woollen 
yarne, 168.; his carpenters Tooles & other utensills, 21i. 10s.; 

his cart & wheels & horse Tacklin, 21i.; , 31i., 2 cowes, 61i., 

a grey horse, 30s., lOli. 10s.; a mare. Hi. 10s.; 3 sheep & a 
lamb, 20s., part of a canoo & part of a grindstone, 6s., Hi. 
6s.; total, 1511i. 6s. Debts oweing to ye estate, 151i. Is. 8d. 
The estate is Debtor, 161i. 

♦Complaint, dated June 28, 1681, of Henery Rhodesf of 
Lynn, who intended to have presented his grievance to the 
grand jury, but they being dismissed before lecture, being 
the second day of this court, he was disappointed, although 
he was there an hour before lecture: Hannah, wife of John 
Diven, jr., of Lynn, presented "for her approbriouse reproach- 
full tearmes shee hath spoken of mee, which tends to the 
great dishono' of god the scandle of Religion, defaming to 
my name, of reflection upon my posteryty & injurouse to 
my estat, as haueing (a n^l) in her sayeing I was an ould 
theefe, & would steale enough to maintaine Joseph Whiteing, 
& these words were spoken by her about the tyme of the 
ordination at Lyn in October Last. And wheras shee hath 
soe sorley reflected uppon o' Reverend Teacher m' Joseph 
Whiteing, as if hee would receiue stolne goods, & it is said 
the receiuer is as bad as the theefe, whoe is a gentleman 
eminantlye esteemed of both for pietye, & honesty, y* it is 
much wondered by manye that any should have the face to 
make mention of his name, on such account & Cannot imagine 
why his name should in such sort bee mentioned, except such 
a eviU spirit by crept in amongst some, to render the inocent, 
odiouse to accomodate some end, as for my selfe, as charged 
with theft, I bless god, I can saflye swear, I am Inocent, & 
y* o' Reverend Teacher never receiued of mee any thing 
y* was stolne 2**ly I Humblye p'sent as my Com- 
plaint Tonye the Neagor servant of Samuell Johnson of Lynn 
as being in my Mill on Satterdaye. And for his emptyeing 
aboute on Bushell, & halfe of meale y^ was another man's 

t Autograph. 



1681] RECORDS AND FILES 145 

Humphry Devorix and his wife, for fornication before 
marriage, were dismissed, upon testimony of the midwife, 
Wibrow Gatchell, and Doctor Knott, concerning the child.* 

Hen. Cooke, for beating and abusing John Pudney, jr., 
was fined.f 

into a bag that hee brought but was hindered y^ he carryed 
it not away & severall tymes I haue had Corne stolne out of 
the mill. Witt: Sam" Rhoads: Robert Coates." 

Bill of cost, 12s. 

Danell (his mark) Needham, aged about forty or forty-one 
years, deposed that he heard Hannah Diven say Rhodes was 
an old thief. Sworn, July 1, 1681, before B. Gedney,! assistant. 

Sarah (her mark) Davis, aged about thirty-five years, 
deposed, June 14, 1681, the same. Sworn, July 1, 1681, 
before Bartho. Gedney,| assistant. 

Ruth (her mark) Needham, aged about forty years, deposed, 
May 26, 1681, that Hannah Diven spoke these words on a 
Sabbath day near the time of the ordination of their ministers. 
Sworn, June 15, 1681, before Bartho. Gedney,J assistant. 

Hannah Jewet,^ aged about eighteen years, testified. May 
26, 1681, that Hannah said Rhodes stole enough to maintain 
Joseph Whiting, but they were poor folks and must bear the 
loss of it. Sworn, May 27, 1681, before Bartho. Gedney,t 
assistant. 

Hannah Diven could not remember any time when she 
had spoken these words, but acknowledged that if she had 
done so she had spoken foolishly and wickedly, etc. Sworn 
in court. 

*Wiborough Gatchell, aged about sixty-five years, testified 
concerning her services as midwife for Elizabeth Devereux, 
who was struck by a cow while she was milking, etc. 

Marblehead presentment. 

tisack Verry, aged seventeen years, testified that as he 
was in the woods at work about five months ago, near a place 
where John Pudney, jr., was at work, he saw Henry Cooke 
violently beat Pudney ofif from the tree he was working on,, 
give him several blows, pull him by the ears, kick him and 
call him cowardly whelp. Pudny replied that he never ran 
into a pig sty. Cooke threatened to knock him in the head. 
Sworn in court. 

Jno. Pudney, jr., aged about seventeen years, deposed that, 
he was cutting wood as his father had directed. His uncle 
Henry Cooke, etc. Sworn in court. 

Witnesses to the presentment: Isack Verie, John Pudney^ 
jr., and Peeter Twist. 

t Autograph* 
10 



146 SALEM QUABTEBLT COURT [Juoe 

Tho. Verry and his wife, for fornication before marriage, 
were fibaed.* 

Ephraim Herrick, presented for telling a pernicious lie, 
and it not being proved, was dismissed.f 

Leift. Jeremiah Neale was granted administration upon 
whatever estate properly belonged to Mary Mansfeild, execu- 
trix of her former husband John Neale's estate, at the time of 
her decease. Said Jeremiah was ordered to bring in an inven- 
tory to the next Ipswich or Salem court. 

Mr. Timothy Lindall was granted administration upon the 
estate of Robert Starr, jr., in this country, and was ordered 
to bring in an inventory to the next Salem court. 

In answer to the petition of An Neale, relict and adminis- 
tratrix of the estate of John Neale, jr., court, not having 
before had the facts concerning the great loss in the estate 
by the burning of the sloop, ordered as a matter of justice to 
the children of deceased, to John, the eldest, 201i., Thomas, 
lOli., Joseph, lOli., and Rebecka, lOli., at age or marriage. 
The widow was to have the remainder, the land called Tuck's 
lot or field to be security for the payment of the children's 
portions.^ 

♦Petition of Thomas Very:§ that his offence against the 
law of the Colony was a great grief and trouble to him and 
his wife and he asked that the authority would extend their 
charity to so poor a worm both in respect to estate and guilt; 
that they were engaged to be married with the consent of 
their parents, etc. 

Thomas Very was the son of Samuel Very, sr. 

t Ephraim . Herrick, sr., of Beverly, presented for lying 
about bujring and selling a heifer. Wit: James Moulton, 
Samuell Moulton and James Frind. 

James Moulton, aged forty-four years, James Friend, aged 
thirty -nine years, and Samuell Moulton, aged thirty- 
eight years, testified that Ephraim Herrick, who bought 
a heifer of Samuell Moulton and sold it to Thomas Edwards 
told them that he could afford to give but 30s. for it for he 
had sold it for that amount. Later Edwards said Herrick 
was a pernicious liar for he had to give 45s. for the heifer. 

JPetition of Ann Neale :§ "the Lord taking awaye my 

husband by death, & leaft me children very smale, & 

with child with a fourth, & what litle estate he left, was not 

§ Autograph. 



1681] RECORDS AND FILES 147 

cleare, in part, & other part not in possession nor like to be 
for many yeares to come, & noe house of our owne & what 
litle quick stocke of any kind not sufficient to pay debts & 
such as prouissions & hay & the like being spent in my l3dng 
in & for food for my children, & the haye spent by the cattle 
the Inventory being soone after my husband deceased taken 
just before winter though not brought into court till neere 
a yeare after, I being for my pt soe neere my time & helples 
& involved in severall straits, & not under standing the nature 
of such things was willing to be guided by som friends & when 
the Inventory was brought into court the last Nouember 
through Inconsideratenes & inadvertancye, did not giue 
the court a right understanding of the condition the estate 
was left in & my owne condition that since upon deliberat 
consideration, & advice of freinds, that are under a sence of 
my condition. Humbly make bold to petition this Hon"^ Court, 
to take a review of what was done about the estate then, & 
giue me opertunity to informe the court aright in few words, 
& as it may appeere that I may be releived according to what 
the Hon^ court shall Judg to be Just & right, or eles grant me 
that fauor that I may be released from my administrixship: 
rather choosing it to be left to shift to y* naked world, under 
the disposing hand of God, then to unavoydably in volue 
my selfe in such a condition, as I am like to be in." 

List of presentments, signed by John Rucke,* foreman 
of the grand jury: 

Robin Cokes, for abusing Joseph Bube, beating him about 
the head and tearing the flesh of his face, in said Boobes house. 
Wit: Joseph Boobe and Henery Rusell. 

Robin Cokes, for swearing. Wit: Samuel Sandey, con- 
stable. 

Nathanell Somes, Abegall Somes, John Peers, jr., and his 
wife and the widow Marie Hamonds, all of Gloster, for absent- 
ing themselves from the public ordinance of God. Wit: 
Willyam Vinson, tythingman, and William Griges, grand- 
juryman. 

James Burn, for profaning the Sabbath and excessive drink- 
ing. Wit: Nathanell Putman, sr., and Josaway Ray, sr. 

Peter Twist and Presila Vinton, for fornication. 

The town of Salem and Marblehead for not keeping in 
repair the bridge at Forest river. Wit: John Hoomes and 
Samuell Eborn, sr. 

Summons, dated 29 : 4 : 1681, for the appearance of Peeter 
Twist and Precilla Vinton, Thomas Very and wife, Henry 
Cook, and their witnesses, signed by HilUard Veren,* cleric, 
and served by John Rogers,* constable of Salem. 

* Autograph 



148 SALEM QUABTEBLT COURT [June 

Venire for Wenham, dated May 30, 1681, signed by Hilliard 
Veren,* cleric, and served by Thomas Fiske,* constable, who 
returned the name of Charles Gott for the trial jury. 

Venire for Lynn, dated 16 : 3 : 1681, signed by Hilliard 
Veren,* cleric, and served by Jacob Knight* and Richard 
Hood,* constables, who returned the names of Mathew Far- 
rington, sr., John Hawks, Thomas Laughton, jr., and Elieezur 
Linzy for the jury of trials and warned the grand jurymen 
to attend. Captain Waker, Capt. Marshel and Mr. Laton were 
chosen commissioners of Linn. 

Approbation, dated June 25, 1681, of the selectmen of 
Lyn, John Fuller,* Rich. Walker,* William Bassett,* Ralph 
King,* Thomas Newhall,* Mathew Farington* and Samuell 
Cobbett,* "that our Louing Frend And naybor Theophilus 
Baylly may be Continued with a Lysenc to sell such drink 
as formarly wee knowing nothing that Hath bene offencyue 
a Gaynst our Laws by the sayd man." 

Approbation, dated June 15, 1681, of the selectmen of 
Newbury, Nickolas Noyes,* Samuell Plumer,* Moses Gerrish* 
and Joseph Pike,* "that M" Ann White being formerly by 
y* approbacon of y* selectmen licenced to keepe a house of 
Publicke entertainmt hath as farr as wee know giuen good 
content in her place, and demeaned herselfe discreetely & 
soberly in it, and wee thinke her fitt to bee continued in the 
Imploymt." 

At a General Court held at Boston, May 11, 1681, Ezekiel 
Cheevers, Jno. Leech and Benjamin Gerrish were admitted 
to the freedom of this Colony, as attest, Edward Rawson,* 
secretary. 

Joseph Dodge, Paul Thorndicke and Jno. Balch of Beverly 
were admitted freemen May 19, 1680, as attest, Edwd. Raw- 
son,* secretary. 

Henrie Russell of Marvellhead testified that when he was 
on the grand jury Joseph Bubie came into his house with 
the skin of his face torn away and desired deponent to present 
Roben Cox for beating him. Sworn in court. 

Samuell Sanding testified that some time the last winter 
he heard Robert Cox swear three times by the name of God. 
Sworn in court. 

Joseph Bouber, aged about thirty years, testified that 
Cox struck him six times on his nose and face, bringing blood. 
Sworn in court. 

Warrant, dated June 29, 1681, for the apprehension of 
Sarah Needam, who was presented for fornication, and to 
search in Salem, Marblehead, Lin or Wenham, signed by 
Hilliard Veren,* cleric, and addressed to Richard Pritcheike, 
constable. 

* Autograph 



1681] RECORDS AND FILES 149 

Mr. Edmond Batter was appointed administrator of the 
estate of Richard Richards, deceased.* 

Whereas there had been much litigation between Thomas 
Savage, sr., on one part and Samuell Apleton, sr., and Samuell 
Apleton, jr., on the other part, relating to houses and land 
formerly belonging to John Bex & Co., and from them re- 
covered by said Savage, lying at Hamersmith at Linn, all 
parties agreed on July 2, 1681, as follows:' that equal division 
be made of all lands and housing at Hamersmith or the Iron 
works at Linn; that the Apletons quit claim any other part 
of the estate recovered from Mr. Bex & Company by said 
Savage for himself and others; that such parcels of land 
as have been taken from the estate in Lynn shall, if either 
party see cause, be sued for, if both parties join in the suit, 
and whatever be recovered to be equally divided; if one 
party refuse to prosecute, the other might do so in the name 
of both, bearing all charges, and having for his own what was 
recovered, etc.; that Samuell Apleton, jr., make the division 
of the estate, before the last of October, Savage to have his 
choice as to which part he would take, paying lOli. for the 
privilege, and Apleton to hold all the estate during this period, 
paying to Savage 41i. and three barrels 9f cider, which cider 
was to be left at the house of William Hosie, jr., where Henry 
Greene formerly lived. Wit: Dudley Bradstreete and Hilliard 
Veren. Acknowledged, 28 : 4 : 1681, in open court. 

William Smith's fine was remitted. 

Allowed to the servants of the house at Mr. King's, 10s. 

Richard Rose and Nathaniell IngersoU deposed that in 
Feb., 1676, they belonging to a vessel of which Richard Flinder 
was master, the latter delivered in good condition two barrels 
of pork to Mr. John Waight of Boston, on account of Mr. 
Strowbridg of New Haven. Sworn by Rose, Aug. 17, 1681, 
and by IngersoU, Nov. 7, 1681, before Bartholmew Gedney,t 
assistant. 

♦Petition, dated Salem, 1:5: 1681, of Edm. Batter,t to 
be appointed administrator of the estate of Robt. Starr, who 
died intestate, owing him about 151i., and also of the estate 
of Rich. Richards, who owed him about 201i. 

t Autograph. 



150 IPSWICH QUABTBRLY COURT [Sept. 

On Oct. 24, 1681, the Worshipful William Browne and 
Bartholmew Gedney, Esq., granted administration upon 
the estate of William Bowditeh to Mr. Phillip Cromwell, 
who, with Capt. John Corwin, was bound, and was ordered 
to bring in an inventory to the next Salem court. Allowed 
29 : 9 : 1681, in court. 

Anthony Buxton, sr., was dismissed from common training, 
pa3dng for the use of the company half a bushel of corn an- 
nually.* 

Court held at Ipswich, Sept. 27, 1681. 

Judges: Major. Genii. Denison, Esq., Capt. Nath. Salton- 
stall, Esq., Barthol. Gedney, Esq., and Major Appleton, E^sq. 

Grand jury: John Dane, sr., Sergt. Jacob Perkins, Thomas 
Jacob, Wm. Goodhue, Rich. Walker, Archelas Woodman, 
Samuell Plumer, Thomas Tenny, John Palmer, Isaac Estye, 
Robert Savery, Isaac Morrill, John Hoyte, Richard Barker 
and Daniell Lad. 

Jury of trials: Mr. John Appleton, Edmond Bridges, Thomas 
Metcalfe, Caleb Boynton, Sergt. Caleb Moody, John Noyse, 
Joseph Boynton, John Pearson, John Ring, John How, John 
Bridges and John Page. 

Mr. Anthony Chickley, attorney to Lott Gourding v. 
Nicholas Maning, Jacob Maning and Walter Palfery. Debt. 
Verdict for plaintiff, t 

•Petition, dated Salem, June, 1681, of Anthony Buxton, 
aged about seventy-one years, ''who hath attended his duty 
in trayneing either in y* exersise of armes or attending y* 
company to whom he belonged in y* Field now forty yeares 
or more but now labouring under y* Burden of his Infirmities 
through his age being 71 as aforesaid doth thinke that he may 
presume to adress himself to this honored court for his Free- 
dom from his attendance on y^ duty of trayning being in noe 
wise able to doe it." His request was granted, he paying 
one-half bushel of corn yearly to the use of the company. 

tWrit, for non-payment of a bond, dated Salem, June 30, 
1681, signed by HiUiard Veren,J for the court and town of 
Salem, and served by Robert Lord,} marshal, by attachment 
of seven acres of land in Salem called the Broad field, lying 
near the house that formerly belonged to Major Hawthorne, 

} Autograph. 



1681] RBCORDS AND FILES 151 

Ezekiell Woodward v. Isaack Hull. Review of a case 
tried at Salem court in November last between said Hull 
and Walter Fairefield. Nonsuited. 

Sarah and Ebenezer Hathorne, executrix and executor to 
John Hathorn, deceased v. Samuell Appleton, jr. For carry- 
ing away their grass. Withdrawn. 

Philip Fowler v. Edward Neland. Trespass. Verdict for 
defendant.* 

also the house and land and two shops next to the land of 
Wm. Browne, Esq., in Salem, all of which was shown as Nich- 
olas Maning's estate. 

*Writ: Phillip Fowler v. Edward Neland; trespass; for 
mowing his grass by carrying away the hay of two acres of 
his meadow at the west meadows; dated Sept. 22, 1681; 
signed by Daniel Denison,t for the court; and served by 
Robert Lord, jr.,t deputy marshal. 

Edward Nerland's bill of cost, 6s. 6d. 

Deed, dated Dec. 23, 1668, from Phillip (his mark) Fowler* 
of Ipswich, clothworker, in consideration of ''the natural 
affection I doe beare unto my Grandchild Phillip Fowler as 
also in considderation of his being with me and doeing my 
busines for me as formarly,*' conveyed to him "my now dwell- 
ing house and lands I stand now possest off after my decease 
(exsepting what by agreement with my wife upon . mariage 
w®h is putt in writing and recorded) for him the sayd Phillip 
my Granchild Imediately after my decease;" after his wife's 
decease ''the whole to be and remaine unto him the sayd 
Phillip my Granchild & his heires and assignes for euer pvided 
still that if by the pvidence of God I shall be forct for nes- 
essary subsistance to sell any pt therof w^h in such case I 
reserue liberty to doe pvided if he the sayd Phillip dye with- 
out Isue then to returne unto his Brother Joseph & if Joseph 
dye without Isue then to be & remaine his brother John pvided 
all wayes that if my Granchild Philip leave a wife behind 
him when he dye then she shall enioy it dureing her naturall 
life & then to be & returne as aboue exprest."§ Wit: Rich- 
ard Kimball,t John Severancef and Robert Lord.f Ac- 
knowledged, Apr. 29, 1670, before Daniel Denison.f 

Deed, dated Nov. 20, 1677, from Phillip Fowlerif of Ipswich, 
husbandman, in consideration of six acres in the west meadows 
as by deed of assignment, to Edword Nerland of Ipswich, 
the six acres of meadow in the west meadows in Ipswich, 
which were granted to his grandfather Philipe Fowler, bounded 

t Autograph. | Seal, f Autograph and seal. 
§0n the reverse of this paper are notes for a sermon. 



162 IPSWICH QUARTEBLT COUBT [Sept. 

Neh. Jewet v. Richard Shatswell. Trespass. Verdict for 
plaintiff. Appealed to the next Court of Assistants. Richard 
Shatswell bound, with John Safford and Samuell Chapman 
as sureties.* 

by land of John Kimball on the northwest, by Samuell Bishop 
and the common on the southwest, by the lands of said Ner- 
land and James Fuller on the northeast and on the south 
by the lands of Philip Fowler. Wit: John Whipple, sr.,t 
and Mathew Whipple.f Acknowledged, 27 : 7 : 1681, in 
Ipswich court. Sworn to by the witnesses, Sept. 27, 1681, 
before Daniel Denison.f 

John Whipple deposed that he was desired by Joseph Brown 
and Philip Fowler to go to the west meadows about January, 
1677, to measure six acres of meadow, which he did. He 
then heard Fowler and Nerland discourse about two loads of 
grass, the latter saying that he could have only the grass on 
two acres, etc. Sworn in court. 

John Loe, aged about eighteen years, and John Pinder, 
aged about twenty-two years, testified that some time the 
last summer in English harvest time they heard Edward 
Nearland own that he had mowed Fowler's meadow and 
carried away the hay from the two acres adjoining Shorborn 
Wilson's meadow on one side and said Nearland's meadow 
on the other. Further Nearland told Fowler that he had 
pulled up the stakes that he agreed Capt. Whipple had set 
down for bounds. Sworn in court. 

Deed, dated Nov. 2, 1677, from Phillip FowlerJ of Ipswich, 
for 141i., to Schoreborne Wilson of Ipswich, six acres in the 
west meadows, bounded on the northwest by said Fowler 
and Edward Nearland, on the east and southeast by land of 
Joseph Browne, and the common north and south. Wit: 
John Knoulton, sr.,t and Andrew Peeters.t Acknowledged, 
July 2, 1678, before Daniel Denison.t Recorded July 5, 
1678 among the records of lands for Essex, book 4, page 180, 
by Robert Lord,t recorder. 

Deed, dated July 2, 1678, from Edward (his mark) Neiland § 
of Ipswich to Phillip Fowler of Ipswich, six acres in the west 
meadows, which he bought of Joseph Browne, bounded by 
Fowler's meadow on the north, Joseph Browne's meadow 
on the east and the other parts on the common. Wit: Thomas 
Louellf and Edmond Neiland. Acknowledged, Sept. 27, 
1681, before Robert Lord,t cleric. 

Shoreborne Willson testified. Sworn in court. 

*Writ: Nehemiah Jewet v. Richard Satchwell; trespass; 
for damming up the river called Egypt river, whereby the 

t Autograph. X Autograph and seal. § Seal. 



1681] BECOBDS AND FILES 153 

water flowed over Jewel's land, destroying his fence; dated 
Sept. 22, 1681; signed by Robert Lord,* for the court and 
town of Ipswich; and served by Robert Lord,* marshal of 
Ipswich. 

Nehemiah Jewet's bill of cost, Hi. 17s. Id. 

Richard Shatswell's bill of cost, 12s. 

Bonus Norton testified that he was present when Jewet 
forewarned Goodman Satchwell for making a dam in the 
river. Sworn in court. 

Samewell Graves, aged about fifty-four years, testified 
that at a town meeting in Ipswich he heard Corporall Gage, 
the lot layer, say that they reserved Egypt river for the town's 
use for the setting up of a mill or whatever use the town should 
see cause, so they did not lay out the lots to the river. Also 
that the town gave Shatswell a clear grant of Egypt river 
without any reservation to set up a mill to break hemp or 
for any other purpose, and this was many years before he 
had the grant about the fulling mill. Sworn in court. 

Hanniell Boswell, sr., aged sixty-six years, and Joseph 
Carlton, aged eighteen years, deposed that Satchwell offered 
to pay Jewet for any damage but the latter refused to give 
him leave to dam the river, etc. Sworn in court. 

Samuell Hunt, sr., testified concerning the town meeting 
a long time ago, etc. Sworn in court. 

Jeremiah Jewet deposed that his brother Nehemiah Jewet's 
pasture fence had been floated by the dam. Joseph Carlton 
testified that Jewet's sheep made a continual way over the 
dam out of said Jewet's pasture. Sworn in court. 

Mary West, wife of Twifford West, deposed that discours- 
ing with Mr. Joseph Flint , sr., about the bounds of her hus- 
band's land, etc. Sworn in court. 

"The Survey o's haueing feld 4 Trees on Nehemiah Jewets 
Land for to mend the Bridg Nehemiah hath liberty for soe 
many of the Common. March 16, 1669-70." Copy from 
the Ipswich town book by Robert Lord,* cleric. 

Caleb Kimbell, sr., testified that, being in the woods with 
John Edwards and others looking for oxen, they found them 
in Mr. Jewit's field of rye at Wilson's hill on the further side 
of Egipt river. Corporal Gage was there and Mr. Jewit 
said that he would impound them but Gage said it would 
do no good for the land was common all the way by the river 
side to a little swamp near Cliffard's lot, etc. Sworn in court. 

''I John Pickard being Guardian of Nehemiah Jewet doth 
accept of the dwelling House in Rowley that was for- 
merly m' Bellinghams with all out Houses, & orchard and yards 
togather with fine Acers of Ruff Marsh that lies in the Com- 
mon feild, & Ten Acers of salt Marsh, & fine Acers of upland 

* Autograph. 



154 IPSWICH QUABTEBLY COURT [Sept. 

Joyneing thereunto, and four Cow gates, togather w*^ four 
Acers of that Marsh that was bought of Mark Quilter which 
lies in Ipswitch Common feild, & seauen Acers of meadow, 
that lies in the west meadows which was formerly Goodman 
Gages & Goodman Kingsburies and the rest of the upland 
Lying betweene Wilson Hill & Egypt River being the Re- 
mainder of that Land that MaxemiUian Jewett had for the 
two young Children Joseph & Faith. The Ten Acres of 
salt Marsh aboue Mentioned, Lying west of m' Nelsons four- 
teene Acers, being in the Marsh Farme. This I doe accept 
for the full share of Land that falls to the aboue Nehemiah 
Jewet.'' Copy from the second book of records of lands 
for Essex, Apr. 6, 1664, by Robert Lord,* recorder. 

Thomas Lambert and Daniell Wicam appraised the damage 
to Jewet's land upon the northwest side of Egypt river above 
Richard Shatswell's fulling mill dam to be 201i., and 31i. for 
the fence. Sworn in court. 

"Theophilus Wilson is possessed of an house Lott & other 
Lands & also Thirty & Two Acers of upland beyond Egypt 
Riuer butting upon the same Riuer on the south East: haueing 
Land of Jn^' Jacksons on the North East & Land of Ralph 
Farnums on the south west & to enjoy all the said Lands 
to him his Heirs & assignes for euer: entred the 16*** day 
of the 11*^ moneth 1639." Copy of part of his grant made 
by Robert Lord,* recorder. 

''13 feb 1676 at a Towne Meeting Granted to Richard 
Satchwell Liberty to set up a fulling mill upon Egypt River 
aboue the Road to Rowley prouided he finish it within Three 
yeares or els to be voyd." Copy out of Ipswich town book 
made by Robert Lord,* cleric. 

** Ordered p the Selectmen y* 7.2.1681, whereas Richard 
Satchwell had the 13 feb. 1676 a grant for a fulling mill pro- 
uided that he finished it w*^ in Three y's after that. It being 
aboue four years since & the Towne not haueing had any 
profit by it as yet till that he get it renewed by the Towne 
againe wee in the Townes behalf order that he forth with lett 
goe all the water that flows the Townes Common by his stop- 
page: or upon his neglect we shall appoynt some other per- 
son within Ten dayes: And what damage shall acrue by 
his digging up the Common he shall (upon not filling of it 
up) pay doble damages." Copy from Ipswich town book 
made by Robert Lord,* cleric. Robt. Lord, sr., was appointed 
by the selectmen to read this order to said Satchwell, which 
was done. 

Copy of will of Joseph Jewett of Rowley, dated Feb. 16, 
1660, and proved Mar. 26, 1661 at Ipswich court: ''Imprimis 
after my debts be payd, I desire the rest of my goods may be 

* Autograph. 



1681] RECORDS AND FILES 155 

equally devided amongst my seaven children, as well [as] 
those two that I have by my last wife, as the five I had before 
Allwayes provided that my eldest sonn Jerimiah Jewett must 
have a dubble portion of all my estate I have both in New 
England, and Old, whether psonall or reall, further pvided 
that one hundred pound, I have allredy payed to my sonn, 
Philip Nelson, that shall be counted as part of what I doe 
now give him; Item I doe give unto my sonn Jerimiah Jewett 
the farme I bought of Joseph Mussye I meane all such Lands 
bought of him, or any other that are on the Norwest syde 
of the River called egipt River with all the meddow I bought 
of Nathaniell Stow, and Robert Lord, sein', provided he 
acsept of it, att five hundred pounds, and wheras|| in the 
fourth line 1 1 it is sayd I desire the rest of my goods to be equally 
devided amongst my seaven children, I meane Lands as 
well as goods, and if any of these my ||abouesayd|| seaven 
children, should depart this life, before the age of twenty 
one yeares, or day of mariage, then there portions shall bee 
equally devided amongst the rest, allwayes pvided my eldest 
sonn Jerimiah shall have a dubble portion, and as for my two 
youngest children and there portions, I leave to the disposing 
of my brother Maximilian Jewett and who he shall apoynt 
when he departeth this life. And I make executors of this 
my last will and Testament my Brother Maximilian Jewett, 
and my sonn Philip Nelson my sonn John Carlton and my 
sonn Jerimiah Jewett, allwayes free and willing that they 
shall be satticefied out of my estate for all such paines and 
labour, that they shall be att concerneing the aboue prem- 
isses." Wit: Ezekiell Northend and Mark Prime. "Att 
the signeing and sealeing heerof I doe giue my executors full 
power to make deeds, and to confirme any Lands that I have 
sould to any." Copy from the Ipswich court files of Mar. 
22, 1663, made by Robert Lord,* cleric. 

Maxemilian (his mark) Jewett and Nehemiah Jewett^ 
certified that "wheras In a de vision of the Lands of Joseph 
Jewett made amongst the executors & overseers of Joseph 
Jewett his estate & his Children it is specified that max- 
imilian Jewett being overseer of the two youngest children 
doth except of threscore pounds worth of land Lying in Ips- 
wich bounds Joyning on wise hill. &, The remainder to fall 
to Nehemiah Jewet this being the third of Aprill 1665. maxi- 
million & Nehemiah hath devided & the said Maxi: doth ex- 
cept of all the land more or less that lieth well without a 
stake upon wise hill end & a Tree a small red oak standing 
by Egipt River side, being five acers or there about within 
where the old fence stood & soe the said Nehemiah is to have 

* Autograph. 



156 IPSWICH QUABTEBLT COURT [Sept. 

Ruth White v. Allexander Maxey. Appeal. 

Ensign John Gould, in behalf of his wife Sarah Gould v. 
Tho. MauU. Debt. Special verdict, if voluntary promise 
of defendant for a supposed courtesy done formerly be bind- 
ing in law, they found for plaintiff; otherwise for defendant. 
The question of law resolved in the negative.* 

Samuell Moulton v. Joseph Porter. Appeal from a judg- 
ment of the Worshipful Major Generall Denison, Esq., tried 
on July 18 last. Verdict for defendant, confirmation of the 
former judgment. Appealed to the next Court of Assistants. 

y^ Remainder." Wit: Jeremiah Jewett,t who helped to 
divide it, and Sarah (her mark) Jewet. Sworn in court. 

*Writ, dated 22 : 7 : 1681, signed by John Redington,t 
for the court and town of Topsfield, and served by John 
Williams,t deputy to Henry Skerrie, marshal of Salem, by 
ikttachment of a bed, table, carpet and trunk of defendant's. 

Thomas Maule's bill of cost, 14s. 

Jonathan Flint, aged about sixteen or seventeen years, 
testified that, being at his master Maule's shop about the 
time that the latter made search for his goods which were 
43tolen out of his shop, he heard John Gould's wife say that 
SB for the five pounds Maule promised her for being instru- 
mental in finding his lost goods, she would not accept it. 
She desired Maule to be lenient with her brother Perkins and 
that would satisfy her. She said, "my hosbon is soe angry 
with me for what I have don in this case that I am a wery 
of my lif." Sworn, 26:7:1681, before Bartho. Gedney,t 
itssistant. 

Edward Flint testified to the same. Sworn, Sept. 6, 1681, 
before Bartho. Gedney,t assistant. 

John Williams, aged about forty-five years, deposed that 
he heard Maule promise Gold's wife on Sept. 22 that he would 
^ve her five pounds. Sworn, Sept. 23, 1681, before William 
Browne,t assistant. 

Willyem Smeth and John How deposed that they heard 
Mall promise the money, saying Sarah Gould should have 
it out of that bill which Thomas Perkins gave him, to be 
paid in money, and Sarah thanked him for his love and ac- 
cepted it. Sworn in court. 

Samuell Stace, aged about twenty-five years, and Jon- 
Mhan Flint, aged about sixteen or seventeen years, deposed 
that they were at Maule's shop about candle light, etc. Sworn, 
Sept. 26, 1681, before Bartho. Gedney,t assistant. 

t Autograph. 



1681] RECORDS AND FILES 157 

Samuell Moulton boundi with Walter Fairefield and Richard 
Hutton as sureties.* 

•Joseph Porter's bill of cost, 17s. lOd. 

Reasons of appeal from a judgment of the Honoured Major 
Generall Denison given in to court by Samuell Moulton,t 
constable, and received Sept. 22, 1681 by Daniel Denison.f 

Copy of the papers in this action made by Daniel Denison :t 

Joseph Porter v. Samll. Moulton, constable of Wenham; 
replevin; for illegally distraining four pewter platters; July 
18, 1681, judgment was given for plaintiff; defendant appealed 
to the Ipswich court, with Walter Fairefeild and Richard 
Hutton as sureties. 

Writ of replevin, dated June 27, 1681, signed by Hilliard 
Veren,t for the court and town of Salem, and served by Jon- 
athan Walcot, constable of Salem. 

Samuell Moulton testified that the four pewter dishes 
taken from him by Jonathan Walcot of Salem had been dis- 
trained by him at Joseph Porter's for the latter's country 
rates and were appraised at 13s. 3d. by John Batchelder 
and Samll. Kimball. 

Copy of a record of the General Court, Oct. 15, 1679: "This 
court being sensible of the difference betweene Wenham & 
Beverly & the village relating to a divisional Line betweene 
them, as to a suitable accommodation in way of proportion 
betweene them, in way of proportion betweene each place, 
doe appoint and impower Capt. Jo. Wayte; Leiut. Willm. 
Johnson, Capt. Jonathan Poole & M' Richard Hubbard, 
to joyne with 3 others that Salem shal choose who are hereby 
required to make choice of 3 able men of their owne towne 
to joyne with the aboue named, as a Comittee on the place, 
& are hereby impowred fully to settle the divisional line, 
& finally to conclude the matter in controversy Betweene 
Salem & Beverly and the village aforesd. And also to con- 
sider & finally to conclude the matter in controversy betweene 
Salem & Beverly relating to an addition of land out of Salem, 
And what the major part of the persons aboue named shal 
agree upon, shall be a final issue of these matters, who are 
to make returne of what they doe to the next Genii. Court. 
Capt. John Wayte to appoint time & place the charges to be 
borne by Salem Wenham & the village; in equal proportions." 
Copy made by Edward Rawson, secretary, and copy of that 
copy by Daniel Denison.f 

'^At a Gen" Court of election held at Boston the 10*^ of 
May 1643 It is ordered that the Agreement betweene Ips- 
wich & Salem be recorded the 27 of the first month 1643." 

t Autograph. 



168 IPSWICH QUARTBRLT COURT [Sept. 

"At a meeting of us whose names are underwritten, chosen 
by the townes of Salem & Ipswich & hauing full power of 
either towne to agree & determine the same as foUoweth. 
Imprimus wee conceiue that the meeting houses of the two 
townes North, Northeast halfe a point easterly & south south- 
west halfe a point westerly; whether it be exactly so or noe, 
wee are fully agreed that the line betwixt the two townes 
shal run as followeth from the bound tree neere John Faire- 
feilds house west northwest halfe a point Northerly & east 
southeast halfe a point southerly as the trees are marked 
both wayes from the said bound tree William Hubbard, John 
Tuttle, Joseph Young, Roger Conant, JeflFrey Massey, John 
Balch, Thomas Hewlett, John Gage." Attested by Edward 
Rawson,* secretary, and copy made by Daniel Denison.* 

At a general town meeting Mar. 22, 1671-2, ** Voted that 
all farmers that now or hearafter shall be willing to joyne 
together for providing a minister among themselves whose 
habitations are aboue Ipswich high way from the horse- 
bridg to the wooden-bridg at the hether end of m' Endecots 
plaine and from thence upon a west line shall have liberty 
to haue a minister by themselues and when they shall haue 
procured one and pay him maintenance that then they shall 
be discharged from there part of Salem ministers maintenance 
and this to continue so long as the minister abides with them 
and is maintained by them provided alwayes that they shall 
beare all other Charges whatsoeuer amongst themselues both 
with respect to the meeting house and ministers house or 
otherwayes whatsoeuer in carrying on this worke and allso 
leave there proportion of all other publicke charges in the 
Towne." Copy made by Jo. Hathorne,* recorder to the 
selectihen. 

At a meeting of the selectmen, Nov. 26, 1649, "It is Agreed 
that the two hundred acres of upland w*'^ was taken from 
m' Downings farme, by the great meaddow towards wenham 
shall be granted againe to him in consideration of his paines, 
for transcribing the towne book of records to be kept for 
posterity, so the farme to be fine hundred acres according 
to the former grant." Copy from the Salem records made 
by John Hathorne, recorder, and copy of that copy made 
July 13, 1681, by Daniel Denison.* 

''The 27 of the 10 m^ 1638 Whereas there were former 
grants of land to M' Emanuel Downing of fine hundred acres, 
nere unto M' Bishops farme; & one hundred acres thereof, 
taken in exchange of one hundred acres to be added to the 
farme which he purchased of m' Cole, the s** M' Downing 
finding the s** farme unfitt for husbandry in regard of want 
of plow land, wee haue upon his request granted unto him one 

* Autograph. 



1681] RECORDS AND FILES 159 

hundred acres more to be adjoyned unto the s^ farme; where- 
by he may be incouraged to plowing for w*'^ hundred acres, 
he doth hereby resigne up unto the towne one hundred acres 
more of his first grant of fine hundred acres, so that there is 
now remaining unto M' Downing but three hundred acres 
thereof." Copy from the Salem records made by John Hath- 
orne, recorder to the selectmen, and copy of that copy made 
by Daniel Denison.* 

At a general town meeting 2:9:1678, '^chosen to be 
of the Comittee appointed by the Gen^^ Court to end the 
difference betweene Wenham, Beverly & the village & the 
matters in controversy between Salem & Beverly Capt. John 
Corwine M' Samuel Gardiner, sr., Lt. John Putnam." Copy 
made from the Salem records by John Hathorne, recorder 
to the selectmen, and copy of that copy made Oct. 19, 1680 
by Daniel Denison.* 

"Wee whose names are underwritten being impowred by 
the selectmen of Salem to settle bounds between the towne 
of Salem & Wenham haue made this tender unto Wenham 
men in order to agreement, to run a straight line from the 
place where Beverly and Wenham meete, at the westerly 
corner of their bounds, & joyne to Salem bounds, and so 
to run to the eastward of Joseph Porters house, twenty rod 
& so to Topsfeild line. Salem 13 : 10 : 80 Nathaniel Put- 
nam, John Putnam, sen', Joseph Hutchinson, Daniel An- 
drews." Copy made by Daniel Denison.* 

"In answer to the aboues^ proposition, the selectmen of 
wenham hauing mett with the aboue mentioned Gentlem"* 
being a Comittee appointed by the selectmen of Salem, as 
appeareth by their order to us Dated 3 Decemb: 1680 to 
settle bounds betweene Salem & the village; wee accept 
not of the aboues^ proposition, But now are ready, & doe 
hereby proflfer the aboues** Gentlem"^ to goe with them and 
make bound marks upon the west line from the pine stump 
according to the Comittees returne & as Salem & wee did 
run it together for a tryal, 13 : 10 : 80. Thomas Fiske, Walter 
Fairefeild, Charls Gott, Willm. Fiske, John Batcheler, select- 
men." Copy made by Daniel Denison.* 

At a meeting of the selectmen 27 June 1678 In answer 
to the petition of the Inhabitants of Wenham to giue our 
minds Concerning a division betweene Beverly & Wenham 
& to grant them their owne proprietyes, w**^ lye without 
their line to the first we desire that considering Wenham is 
the antientest towne, the line betweene Wenham & Beverly 
may be setled in favor to Wenham, Beverly hauing a far 
larger accommodation, in proportion then Wenham, And as 
for granting them the land they motion for without their 

* Autograph. 



160 IPSWICH QUABTBRLT COURT [Sept. 

line, wee find that the towne of Salem has already granted 
away so much land that they cannot spare any more without 
much streightning themselues & the land they desire is already 
granted to be within that line w^** Salem allowed to Salem 
village for the maintenance of a minister amongst them." 
Copy from the Salem records made by John Hathorne, re- 
corder to the selectmen, and copy of that copy made Oct. 16, 
1680 by Daniel Denison.* 

Joseph Porter's bill of cost, 21i. 4s. 4d. 

Samuell Molten's bill of cost, 21i. 2s. 6d. 

Joseph Porter testified that seven or eight years ago he 
heard Samuell Molton say that the bounds by the causeway 
were the bounds between Salem and Wenham. Copy made 
by Daniel Denison.* 

Nathaniel Putnam and Joseph Hutchinson testified that 
they, being chosen by the selectmen of Salem to settle the 
six mile line between Salem and Topsfeild, made return that 
Joseph Porter's house and his improvements were within 
the lines of Salem and Topsfield. Sworn, July 18, 1681, before 
Daniel Denison.* 

Richard Hutton of Wenham, aged fifty-eight years, de- 
posed that about fifteen or sixteen years since Thomas Fiske 
and himself were appointed by Wenham to run the line be- 
tween Salem and Wenham. They met by appointment with 
old Goodman Herrick and Samuel Corning, sr., in behalf 
of Salem. "We began our worke at a swamp & marked 
a tree by Wenham causeway on blind hole side, & from thence 
wee ran our line to a pine stumpe, from the pine stump to 
a white oake at Lords hill from thence to a little shrubbed 
oak by the pond side where wee layd some stones this was 
our first dayes worke the next time wee mett about the per- 
ambulation which was quickly after, wee renewed the bounds 
on the east side of the pond w**** was the brooke, & wee began 
at that end of the brooke next the pond where the mill for- 
merly stood, & wee run out the line as the brooke runneth neere 
to Longham Bridg, confirming the s** brooke to be the bounds 
so far, but could not goe farther, because wee could not gett 
ouer the water but it was intended by all of us as I understood 
by the discourse wee had that wee should have gone the per- 
ambulation to turnep swamp." Sworn, 23 : 3 : 1679, before 
Willm. Hathorne, assistant. Copy made by Edward Raw- 
son, secretary, and copy of that copy made by Daniel Denison.* 

Charles Gott, aged about forty years, and Walter Fairfield, 
aged about forty-seven years, deposed that "when the Com- 
ittee were mett together the last winter to settle the division 
lines betweene Wenham & Beverly &*betweene Wenham & 
the place called Salem Village, wee were present with them 

* Autograph. 



1681] RECORDS AND FILES 161 

& when the matter beweene Wenham & the s** Village began 
to be discoursed betweene Wenham men & the Comittee 
the Gentlemen of Salem who were of the Comittee asked 
Wenham men what they begged of Salem || who replyed || 
that they had shewed in the petition w*^ was that they might 
take in Daniel Andrewes & John Leech & Joseph Porter & 
so to Topsfeild line, & after much discourse about that, the 
Comittee asked Wenham men what a west line from the pine 
stump would doe & Wenham men answered they did thinke 
that would doe them but little good, & Capt. Fiske replyed 
that he did thinke it would not take in the s^ Joseph Porter, 
but Leiut. John Putnam a dweller in the village & one of 
Salem Gentlemen for the Comittee made answer to the Com- 
ittee & told them that a west line from the pine stumpe would 
take in the s^ Porters to Wenham & goe many poles to the 
Southward of his house and also that that line would take in . 
Brother Thomas his meaddow & his owne meaddow or part 
of it, and wee hauing tryed the line since with a compass 
wee haue found that the s^ Putnam was not much mistaken." 
Sworn, June 3, 1679, before Edward Tinge, assistant. Copy 
made by Edward Rawson, secretary, from the General Court 
files, and copy of that copy made by Daniel Denison.* 

Richard (his mark) Hutton certified that whereas he gave 
in testimony before the committee at Goodman Woodward's 
concerning perambulating the line between Sialem and Wen- 
ham, sajdng that they began their perambulation on Tops- 
feild side of the meadow, he must explain his testimony. He 
never knew there were any bounds any further than the pine 
stump. Wit: Thomas Patch and William Fiske. Sworn, 
May 26, 1679, before Daniel Denison.* 

Joseph Porter and Daniel Andrewes testified that they 
heard several of the committee affirm that they would not 
have signed the return had not several Wenham men said 
that the line would go twenty poles to the north of Joseph 
Porter's house. A short time after the committee had deter- 
mined the west line, they heard Capt. Fiske say that he had 
wagered a quart of wine that a west line would run to the 
north of Porter's house from the pine stump. Sworn, May 
25, 1680, before Peter Bulkley, assistant. Copy from the 
General Court files made by Edward Rawson, and copy of 
that copy made by Daniel Denison.* 

William Johnson and John Wayte, a committee of the 
General Court, appointed Oct. 2, 1678, to settle the bounds 
between Salein Village and Wenham, deposed that their 
agreement was not based upon Wenham men's information 
any more than the information of Leiut. John Putnam, one 
of the Villagers, and other gentlemen of Salem. Sworn^ 

* Autograph. 
11 



162 IPSWICH QUABTEBLT COURT [Sept. 

Isaack Hull, jr. v. Ezekiell Woodward. Trespass. By 
illegally improving plaintiff's land. Verdict for plaintiff. 
Defendant appealed, but later withdrew the appeal.* 

1:9: 1679, before Humphrey Davie, assistant, and copy 
made by Daniel Denison.f 

James Freind, aged about forty years, and Walter Fair- 
feild, aged about forty-nine years, deposed that the line was 
run from the pine stump by the swamp that runs out of Law- 
rence Leech's meadow. Also that Porter's house was taken 
into Wenham about fourscore rods, a compass being used. 
Sworn, July 18, 1681, before Daniel Denison, and copy made 
by Daniel Denison.f 

John Poland, now living in Ipswich, aged about forty-six 
years when he lived in Wenham, about fifteen or sixteen 
years ago, testified that he, Thomas Fiske and some others 
for Wenham ran the line, etc. Sworn, 26 : 3 : 1679, before 
Wm. Hathorne, assistant. Copy from the General Court 
files made by Edward Rawson, secretary, and copy of that 
copy made by Daniel Denison.f 

*Writ: Isaac Hull, jr. v. Ezekiell Woodward; trespass; 
for aiegally improving his land in Wenham the past sum- 
mer, before the terms were completed or lease given; dated 
21 : 7 : 1681; signed by Thos. Fiske,f for the court and town 
of Wenham; and served by Thomas Fiske,f constable of 
Wenham, by attachment of the barn of defendant. 

Copy of the Salem court records and files, 30:9: 1680, 
in the action brought by Isaac Hull, husband of Sara, relict 
of John Solart, jr., against Walter Fairefeild, executor of 
the will of said Solart, made by Hilliard Veren,f cler. 

Copy of writ of execution, dated 12 : 7 : 1681, signed by 
Hilliard Veren,f cleric, and served by Henry Skerry,f mar- 
shal, who delivered possession of the land by turf and twig 
to Isaac Hull. Isaac HuU's bills of cost. Hi, 4s. 6d., and 
21i. 14s. 9d. 

Charles Gott and Jno. Rayment testified that they judged 
the land which Isaac Hull, jr., recovered of Walter Fairfeild, 
with the use of the trees Upon it, worth 31i. the past year, 
and they would have given it if they had the same improve- 
ment that Ezekiell Woodward had. Sworn in court. 

Walter Fayerfield,J on Nov. 30, 1680, assigned his interest 
as executor in the estate of John Solart, jr., to Isaac Hull 
or his attorneys, Isaac Hull, sr., and Nehemiah Jewett. Wit: 
Steven Mighillf and Samll. Morgan.f 

Walter Fairefeild owned in court at Salem, 30 : 9 : 1680, 
that he let the land of John Solart, jr., to Ezekiell Wood- 

t Autograph. t Autograph and seal. 



1681] BECORDS AND FILES 163 

ward, from day to day. Copy made by Hilliard Veren,* 
cleric. 

Agreement, dated 31 : 1 : 1679, between Ezekell (his mark) 
Woodward and Walter Fayerfield,* executor of the estate of 
John Solort, deceased; they chose Captain Thomas Fisk, 
Charles Gott and John Batchelder, all of Wenham, to appraise 
and lay out the land belonging to the homestead, where 
Ezekiel now dwells, according to the price in Solart's in- 
ventory, at 751i., which is the remainder of Solaris portion 
given him by the Ipswich court in September, 1672; Ezekiel 
gave bond to deliver it to Fairefeild and the latter was bound 
to give Woodward a receipt of the 751i.; the appraisers were 
to begin at the end next to the burying hill and run from 
the highway to Mr. John Fisk's land the whole breadth of 
the homestead until the complement be made up, and this 
to be done on Apr. 8, next. Wit: Joseph Fowler* and John 
Dennis.* Walter Fayerfield,* on 28 : 1 : 1681, released 
Ezekiell Woodward from this bond. 

Walter Fayerfield, aged about forty-nine years, testified 
that when Ezekiell Woodward married Elizabeth, relict of 
John Solart, sr., deponent being executor of the estate of 
John Solart, jr., deceased, and after Elizabeth had deceased, 
he agreed with Ezekiel that the land should be set off, but 
afterward Ezekiel refused to deliver the portion. Woodward 
alleged that it was unjust that one child should have all the 
best of the estate. Before deponent sued to get possession 
Isaac Hull sued him for not giving him possession, but since 
then he had resigned his executorship. Sworn in court. 

Isaac Hull, sr., and Jno. Rayment testified that Woodward 
asked to buy the land or rent it, but deponent told him his 
son might sell it when Nehemiah Jewett came, which would 
be shortly. Jno. Rayment testified that Woodward told 
him that he had rye, pease and oats from the land the past 
summer. George Hull testified. Sworn in court. 

Charles Gott, aged forty-two years, deposed that he was 
with Fairefield when he demanded of Woodward John Sool- 
art's portion and Fairefield told Woodward that there was 
an agreement between Soolart and his mother that he should 
have his portion on that side the lane where Spaulding's 
land was "in cass he stayd for it till her death." Doctor 
Swinerton and John Batchelder were present also when the 
agreement was signed. Jno. Batchelder testified to the 
same. Sworn in court. 

Richard Hutten, aged about sixty years, and Walter Fayer- 
field, aged about forty-nine years, deposed that after the 
county court at Ipswich had settled the estate of John Solart, 
sr., and before John Solart, jr., went to sea, the latter, now 

* Autograph. 



164 IPSWICH QUARTERLY COURT [Sept. 

Stephen Crose v. Joseph Emerson. For not paying 4s. 
Verdict for defendant.* 

Stephen Crose v. William Hoar. For refusing to give 
account of ninety odd bushels of wheat. Verdict for de- 
fendant, f 

deceased, desired deponents to go to the dwelling house in 
which Woodward was then living, which house was formerly 
John Solart, sr.'s, to see the condition of the housing. This 
John Solart, jr., did that he might not be a loser when he 
received his portion, which he was to have from the homestead, 
the house being a part of the homestead. Sworn in court. 

*Writ: Stephen Cross, master of the sloop Adventure v. 
Joseph Emerson of Boston, feltmaker; for not pa3ring 45s. 
in money due for his passage twice from Weathersfield to Bos- 
ton, and for freight for goods; dated Boston, Sept. 14, 1681; 
signed by Nat. Barnes, J for the court and town of Boston; 
and served by Joseph Webb, J marshal of Suffolk. Bond of 
Joseph Emerson. J 

Jno. Lee, aged thirty-six years, testified that in the year 
1678 he went with his partner Mr. Steven Cross in their 
sloop Adventure to Conetycote and Mr. Joseph Emerson 
freighted nearly one-half the sloop to Boston with wheat, 
pork and other goods and also he himself came to Boston 
in the vessel. Emerson also put in a considerable quantity 
of provisions for the victualling of the vessel and when he 
came to Boston there were some words between deponent 
and Cross concerning Emerson, the latter declaring that 
he would take nothing for Emerson's passage. On Sept. 17, 
deponent heard Cross say that he never intended to charge 
for passage, but Emerson was troubling him about some 
wheat and that now he should sue him and plague him. He 
also asked witness to testify. Sworn, Sept. 19, 1681, before 
S. Bradstreet,J Governor. 

Thomas Fossy testified that in 1678 he came from Wethers- 
field with Steven Cross when Mr. Joseph Emerson was also 
a passenger to Boston. Sworn in court. 

Robert Cross and Jno. Pearce testified that they were also 
passengers in August, 1680, with Stephen Cross from Wethers- 
field to Boston. Emerson was also a passenger. Cross 
brought a great parcel of deer skins, with some furs, to the 
amount of a tun in bulk and deponents saw Emerson receive 
them in Boston. Sworn in court. 

tWrit: Stephen Cross v. William Hoar of Boston, baker; 
for refusing to pay 251i. for ninety odd bushels of wheat which 
he received from plaintiff's sloop, in August, 1680; dated 

t Autograph. 



1681] RECORDS AND FILES 165 

Edward Richards v. Robert Surges and Moses Chadwell. 
Replevin. Nonsuited. 

Edward Nelund v. John Kemball. Forfeiture of a bond 
of 501i. Verdict for defendant.* 



Boston, Sept. 14, 1681; signed by Nat. Barnes,t for the 
court and town of Boston; and served by Joseph Webb,t 
marshal of Suffolk. Bond of Wm. Hoar.f 

Joseph Emerson, aged about twenty-eight years, deposed 
that in September, 1680, he had about ninety-two bushels 
of wheat brought from Connecticot by Stephen Cross to be 
delivered to Wm. Hoar of Boston, baker. He also heard 
Mr. Jon. Pinchon, jr., of Boston order Cross to deliver some 
wheat of his to Hoar. They were both on the vessel at the 
time. Deponent then went to Swanzey and upon his return 
to Boston found that Hoar had received but eighty-three 
bushels of said Cross. Sworn in court. 

Letter addressed, "This for his Louing frind m' william hoore 
In boston dd:" 

"October the 9 Ipswich 1680 

"M' hore and M' Emarson I much wonder at your straing 
leters that you so moch troble me with Conserning the whet 
when you haue had all your dew and peck 92 out of a hondred 
and 4 is as much as euer I deliuered to aney one yet le — 
you haue in your hands of m' pinchins one boshel and 3 pecks 
and for the Rest leue it to me not more at present but my 
kind loue to you both and in heast I rest your wek friend 

"Stephen Cross."t 

Jno. Pearce and Robart Cross testified. Sworn in court. 

John Pinchon, jr., aged about thirty-two years, testified 
that he had 8 bushels and 3 pecks of wheat consigned to 
him from Connecticot in Stephen Crosses sloop of Ipswich, 
of which said Cross was master, etc. Some time after he 
went down to the town dock about his business and Cross 
asked for a receipt for the wheat which he gave him, suppos- 
ing he had delivered it to Hoar, etc. Sworn, Sept. 24, 1681, 
before S. Bradstreet,t Governor. 

Henerey Wolf, aged thirty-eight years, testified. Sworn, 
Sept. 20, 1681, before Daniel Denison.f 

♦John Kimballf and Edword (his mark) Nerland, on June 
30, 1681, appointed John Whipple and Simon Stacey arbi- 
trators to settle the partition line between their lands, with 
liberty to choose a third man, and gave bond to stand by 
their decision. Wit: John Warnerf and Nicholas Wallis.f 
Owned in court. 

Award of the arbitrators, John Whipplef and Nathaniell 

t Autograph. 



166 IPSWICH QUABTEBLT COURT [Sept. 

John Elitrop, Joseph Pickworth and Abigaill, his wife v. 
Abraham Joanes, Thomas Joanes and Ephraim Joanes. For 
withholding 271i. 

Richard Dole and Henry Jaqnis v, Richard Kent. Tres- 
pass. Verdict for defendant. Appealed to the next Court 
of Assistants. Henry Jaquis bound, with Caleb Moody 
and Robert Ring as sureties.* 

Wells,t dated July 12, 1681, that the bounds should be a 
straight line from the willow bush at the southeast end of 
the land to a stake by a knot in a log of the fence twelve 
paces to the southwest of the corner of the log fence. 

Daniell Warnar, John Warner and Simon Stace deposed 
that Capt. Whipple, etc. Sworn in court. 

Simon Stace, aged forty-four years, deposed. Sworn in 
court. 

Georg Hadly and John Whipple deposed that the award 
was delivered in writing to John Kimball and read to him 
on July 13, 1681, etc. Sworn in court. 

* Writ: Mr. Richard Dole and Henry Jaques v. Mr. Richard 
Kent; trespass; for mowing their meadow in Plumb Island; 
dated Sept. 20, 1681; signed by Anthony Somerby,t cleric 
of Newbury; and served by Joseph Pike,t constable of New- 
bury, by attachment of the dwelling house and land of de- 
fendant. 

Plaintiff's bill of cost, 51i. lis. 

Richard Kent's bill of cost, 31i. Is. 

Copy from the town book of Rowley made by Thomas 
Lambert: "March the : : 1680-81. The Selectmen of Rowley 
apointed and ordered ezekiell Northend, John Pickard, sen. 
and Richard HoUmes To Run The line betwen Newbury and 
Rowley on Plum Hand with Newbury men that was to meett 
them there." 

Copy from the ministry book of rates made by Willie Ten- 
ny,t keeper of the book: "In the year 1668 John Pickerd, 
Ezekiell Northend, Mr. Richard Dowell were Rated to y* 
ministry Rate at Rowley as FoUoweth John Pickerd, 1-7-0, 
Ezekiell Northend, 1-12-0, Mr. Richard Dowell for Plum 
Hand, 1-0-0." 

Copy of deed, dated June 27, 1664, from Philip Nelson, 
John Carleton and Jeremiah Jewett to Richard Dole, Henry 
Jaquis and John Bond, made by Robert Lord,t recorder.J 

Letter addressed, "for his uerry Louinge freind Richard 
Dole at Newbury these deliuer:" 

"my Loue remembred to you, the last time that I spoke 

t Autograph. t See ante, vol. 6, p. 11. 



1681] BECOBDS AND FILES 167 

with you you desired me to send you a coppy of those mens 
shares of plum Hand that father Jewett bought of them which 
accordingly I haue done, and haue taken them out of fathers 
Booke, who did set them downe in his booke accordinge as 
he bought them and is in manner as followeth, Bought of 
the plum Hand first Jeremiah Els worths share, 1-0-0; 
Sammuell Stickny, 1-0-0; Charles Browne, 1-0-0; 
Abell Langly, 1-0-0; Elder Ranor, 1-0-0; Peter Couper, 
1-0-0; Marke Prime, 1-0-0; Mr. Philips, 1-0-0; Sam- 
muell Brocklebanke, 1-0-0; Richard Wicom, 1 - 0. - 0; 
Leonard Herriman, 1-0-0; Robert Hazeltine, 1-0-0; 
John Smiths part, 1-0-0; John Hazeltine, 1-0-0; James 
Barkers part, 168. 8d.; Ezekiell Northen, 1-0-0; George 
Killborne, 1-0-0; John Burbanke senior, 1-0-0; Richard 
Swan, 1-0-0; Henry Riley, 1-0-0; Edward Hazon, 1-0 
-0; Andrew Hidden, 1-0-0; Jonathan Plats, 1-0-0; 
John Pickard, 1-0-0; Constanc Crosbey, 1-0-0; John 
Scails, 1-0-0; Brother Pallmor, 1-0-0; John Johnson, 
1-0-0; Richard Clarke, 1-0-0; William Bointon, X - - 0; 
Sammuell Plats, 1-0-0; William Scails, 1-0-0; John 
Brocklebanke, 1-0-0; Benjamin Scot, 1-0-0; John Dresser 
senior, 1-0-0; Thomas Wood, 1-0-0; John Spofferd, 
1-0-0; William Asee, 1-0-0; Brother Maxe, 1-0-0; 
William Jackson, 1-0-0; Nicolas Jackson, 1-0-0; Richard 
Longhorne, 1-0-0; John Remington, 1-0-0; Thomas 
Leadr, 1-0-0; James Baly, 1-0-0; John Pearson, 1-0-0; 
John Pallmor, 1-0-0; my owne share, 1-0-0; Thomas 
Tenny, 1-0-0; William Tenny, 1-0-0; Sammuell Mig- 
hill, 1-0-0; John Harris, 1-0-0; Leutenant Remington, 
1-0-0; Thomas Dickinson, 1-0-0; George Hadley, 0-0 
- 0; Thomas Burkbee, 1-0-0; John Grant, 1-0-0; John 
Tod, 1-0-0; Thomas Abbot, 1-0-0; John Bointon, 
1-0-0; Uxor Mighill, 1-0-0; sonn Nellson, 1-0-0; 
Richard Lighton, 1-0-0; Edward Sawyer, 1-0-0; William 
Stickney, 1-0-0; William Law, 1-0-0; John Lambert, 
1-0-0; 67 shares. But Goodman Hadley whose share 
is rekoned amongst them soold it to Goodman Plommer and 
gaue a deede of it so that his share is not to be reckoned the 
16 of Aprill 1665 This is a true coppy out of the Booke by 
me Philip Nellson."* 

Award, dated May 1, 1677, of the arbitrators, Thomas 
Howlet,* Danniell Pears, sr.,* and John Pickard* of Rowley: 
"that y* s^ Rich^ Kent shall from hencforth quietly In joy 
all those Branches or peeses of salt marsh upon plumb Island 
Next Rowly Loyen from William Ilsleys Lower Steak one 
ye upland and A straight Loyen to y^ stake A pon y® poient 
of Upland Neer ye middell of ye s^ Coue & from y« stake 

* Autograph. 



168 IPSWICH QUABTEELY COURT [Sept. 

Eastward one ye same Loyen to ye Upland: And our deter- 
mination is y* jr* sd Kent in ye s** Branches shall haue what 
is salt marsh & ye s^ kent shall haue haue Liberty for Carting 
& Going to work About his hay through ye Upland Likewaies 
wee doe Award and Determuen y* ye sd Rich Kent shall pay 
or Cause to bee payd unto Rich** Dole & Henry Jaquish four- 
teen Bushels of good marchantable Barley or barley malt 
by ye Last of Octobur next Ensewing." 

Copy of Newbury town records made by Anthony Somer- 
by,* cleric: 

"At a General meeting of the Towne May 5*** 1656 M' 
Woodman Goodman Peirce & leift Pike were chosen to meet 
Rowly & Ipswich men for the diuiding of Plumb Hand, and 
they are to desire leift Rob* Pike of Salsbury to meet them 
the last third day in May but if it bee wett, then to bee there 
the next dry day. 

"May 5*** 56. It was further ordered that no Inhabitant 
of this Towne shall cut grasse in Plumb Hand, untill the 
lotts b.e diuided upon such peenalty as the freemen shall 
inflict, which shall bee done betweene this and the flue & 
twentyeth of June. And there was Chosen for the diuision 
John Emery sen' Archelaus Woodman Richard Knight William 
Titcomb Richard Dole & John Bishop. The townsmen 
chose Hugh March in John Bishops roome. 

"September 25, 1661. The first lott figure 1. for Thomas 
Colemans freehold Laid out to Solomon Keyes foure acres of 
Marsh land in Plumb Hand bee it more or lesse bounded by 
Rowly Marsh bounds on the south the upland on the east 
the Riuer on the west, and Steuen Swetts land on the north. 

"Septemb: 25, 1661. Laid out for Richard Kent all 
that parcell or Coue of Marsh in Plumb Hand Joyneing unto 
Rowley bounds on the South and to a necke of upland on 
the west & north and likewise to the upland on the east. 

"March 7*** 1680-81. The selectmen of Newbury ordered 
Capt. Daniell Peirce Serg* Tristram Coffin & James Ordway 
to Run the Lyne between Rowly and Newbury in Plumb 
Hand with Rowly men that was to meet them there. 

"A Record taken out of the Towne booke of Newbury, 

"Wheras wee the Comittee for Plumb Hand, haueing 
made an Agreement with Richard Dole and Henry Jaques, 
for the upland in Plumb Hand, and finding the Record doe 
not fully express the bounds, and that the south bounds is 
not exprest in the Record, next Richard Kents Coue, There- 
fore wee doe agree and declare the bounds from a stake stand- 
ing by the upland, joyneing to Rowly bounds on the South, 
thence Running northerly to Richard Kent's Coue on the 
west to a marked tree & so runing Northerly to another 

* Autograph. 



1681] 



RECORDS AND FILES 



169 



marked tree, and from that tree on a straight lyne unto a 
stake by an old stump of a tree, at the north end of the Coue, 
about six or seauen Rod to a marked tree, marked R. H. 
standing northwesterly to the hed of the lotts from thence 
runing to the southeast Corner of the tenth lott. therefore 
wee doe all agree by theise p^'sents that this shalbe added 
to the Record, this upland beeing the first lott, laid out before 
any of the freehold lotts or Richard Kents Coue." Richard 
Knight, Archelaus Woodman, John Emery, sr., Hugh March, 
William Titcomb, John Knight. 



^y^/^-^Si.. 




n 



At a Legal Towne meeting held the 28 day of The 10 mth 
1657 it was agreed and voted by the Town that all the In- 
habitants of Rowley should haue an equall share of owr partt 
of Plum Hand." Copy made by Thomas Lambertt,* keeper 
of the town book. 

John Pecer and Ezekiell Northen certified that they ran 
the line at Plum Island by order of the selectmen of Nubery 
and Rowly as it was first laid out. 

Daniell Peirc* certified that he was appointed with Sergeant 

* Autograph. 



170 



IPSWICH QUABTEBLT COUBT 



[Sept. 




1681] REC0BD8 AND FILES 171 

Coffin and James Ordway, in 1681, to meet the Rowley men> 
but Coffin did not go. Sworn in court. 

Thomas Hale, aged about forty-eight years, deposed that 
about 1656 there was a cove of marsh in Plum Island granted 
to his father, Thomas Hale, sr., by the town of Newbury^ 
which is now in possession of Richard Kent. Deponent, 
then living with his father, mowed this marsh several years 
when the bounds, which were marked trees, between the 
towns were new and plain to be seen, "ther is a strip of up* 
land or sand lying nere the middle or somthing esterly of the 
middle of the Coue, which the bounds or line betwene the 
townes run Just ouer the point or so nere the southwardly 
end of the point: that it left no marsh betwene the line and 
That point of sand or upland where a bound stake did stand 
about two years senc." Benjamin Rolfe testified to the 
same. Sworn in court. 

Agreement, dated Aug. 9, 1666, between Richd. Dole and 
Henry Jaquess of Newberry on one part and John Paine, 
merchant, of Boston on the other part, that the former upon 
demand, after consideration received, would make convey- 
ance of the marsh on Plum Island, bounded by the marsh of 
Susanna Rogers on the north, the upland of Richd. Dole 
and Henry Jaquis on the east, excepting four rods at the 

head of the meadow, by 's land upon the south and the 

river upon the west, with the privilege of gunning or fowling^ 
upon any of said land. 

John Webster, sr., aged about forty-five years, deposed 
that some year^ ago one morning he met Mr. Kent and said 
to him "Shall not you be at Plumiland today?'' Kent said, 
"no, what shall I do their.'' Deponent said, "I here that the 
comity Do go to Plumiland today to Run the line betwen your 
medow & Rowly bounds." Kent replied, "I knew not of 
it; but I think thay canot Do me any Hurt." Deponent 
went to the Island and the committee "Ran the line a litell 
below an Hand (in the marsh) of upland: on of the comety said 
if it Do not Run to the Hand then it is all but on coue: but 
if the line Rune to the Hand then tis two cous: and Farmer 
Kents Grant is a coue thay Ran the line again a second time; 
& then it com to the aforsaid Hand; thear thay set in a stake;. 
& marked seuerall trees & writ their Determinations. I further 
testify that in that coue coms Down a Poynt of upland; and 
two Hands of upland below that Point; and the marsh lieth 
in two plass throw; betwen the sayd Poynt; and the Iland^ 
and so betwen the two Hands." Sworn, Apr. 10, 1678, before 
Jo. Woodbridge,* commissioner. 

Benjamin Rolfe, aged about forty-two years, deposed that 
upon a difference between Susanna Rodgers and Richard 

* Autograph. 



i72 IPSWICH QUARTERLY COURT [Sept. 

Dole, sr., about this land in Rowley division at Plum Island, 
they chose John Pickard, John Knight and Tristram Coffin 
as arbitrators, etc. Sworn in court. 

Tristram Coffin, aged forty-nine years, testified that he 
went to Plum Island in the interest of the widow Rogers 
in 1665, etc. Sworn in court. 

Bill of sale, dated Dec. 16, 1662, given by John Bond,* 
with the consent of Hester (her mark)Bond,t his wife, both 
of Plum Hand, to Richard Dole of Newberie for his now 
dwelling house, with all the boards that belonged to the roof 
and the upper chamber and shelves, and all meadow and 
upland, which he bought of Robt. Rogers and William Trotter. 
Wit: Robt. Rogers J and Samuell Plumer.J 

Richard Knight, aged seventy-eight years, and John Emery, 
sr., aged eighty-two years, deposed that in 1666 after the 
division between Rowley and Newbury was made, a com- 
mittee was appointed, of which they were two, to lay out 
the land. They laid out the land which joined the line, which 
line was bounded by a stake at the river westerly and ran 
upon a straight line easterly to an old tree or stump upon 
a neck of upland; thence to a stump upon the southerly 
end of a point of upland in the great cove and so to the sea. 
Deponents were also of the committee at the second division 
in 1662. Sworn, Mar. 29, 1680, before Jo. Woodbridge,t 
commissioner. 

Richard Knight, t lot layer, deposed that he and John 
Knight met Ensign Howlet, Daniell Perc, sr., and John Pick- 
erd at Plum Island and their determination .concerning the 
line was "from William Elslys stake of his medow Runing 
by the two upland bounds by Richard Kents Coue and on a 
strait line to the sea." He further testified that Elsly's lot 
was the first laid out in Newbury nieadow and this was on 
June 10, 1656. Likewise it was the first laid out in the sec- 
ond division on June 10, 1662. John Emery, sr., testified 
to the same. Sworn in court. 

Richard Dole, jr., aged about twenty-nine years, and 
William Dole, aged about twenty-one years, deposed that 
their father, Richard Dole, etc. Sworn in court. 

Daniell Wicom deposed. 

Richard Dole, jr., and William Dole deposed that Mr. 
Richard Kent told their father that he ordered his men to 
mow in the cove, etc. 

Anthony Somerby, aged seventy-two years, deposed con- 
cerning the town's grant to Mr. Kent. John Webster, aged 
forty-eight years, testified to the same. Sworn in court. 

James Ordway, aged sixty-four years, and John Webster, 
aged forty-eight years, deposed that they went to Plumb 

* Autograph and seal. f Seal. t Autograph. 



1681] BECOBDS AND FILES 173 

John Barry v. Samuell Chapman. For not paying him a 
legacy. Verdict for plaintiff. Appealed to the next Court 
of Assistants. Defendant bound, with John Saffourd and 
Richard Shatswell as sureties.* 

John Harrington v. Andrew Tucker. For refusing to 
give him an account of a fishing voyage. Verdict for de- 
fendant, f 

Hand on Sept. 26, and found the bound stakes gone and the 
holes filled up. Sworn in court. 

Joseph Ilsley, aged about twenty-eight years, deposed that 
about eight years ago he mowed for Richard Kent, etc. Also 
the past summer he saw said Kent's negro mowing into Rowley 
division, etc. Sworn, Mar. 27, 1680, before Jo. Woodbridge,t 
commissioner. 

Richard Dole, jr., aged about twenty-nine years, and 
William Dole, aged about twenty-one years, deposed that 
they saw two of Mr. Richard Kent's men mowing, etc. Sworn 
in court. 

John Kent deposed that he mowed the cove several years 
for his uncle Richard Kent from the southeast corner on 
the upland to a dry stub on a knap, etc. He was molested 
neither by Robart Rogers, then proprietor, Richard Doell 
or Henry Jaquis. Sworn, Mar., 1680, before Jo. Wood- 
bridge, | commissioner. 

James Ordway, aged sixty-four years, and John Webster, 
aged forty-eight years, testified. 

James Ordoway, aged about sixty-one years, deposed that 
when Richard Dole had gotten several persons, among whom 
were Rich. Knight, John Knight, John Emery, sr., and Hugh 
March, to view the bounds between him and Rich. Kent, 
Henry Jaquis stepped out from the company and said, ''I 
can show you the place where Rich. Kent challenged his 
bounds," etc. Sworn, Mar. 26, 1680, before Jo. Woodbridge,t 
commissioner. 

*Writ: John Barry v. Samll. Chapman, executor of the 
estate of Edward Chapman; for not paying him a legacy 
of 51i. given to his late wife by her father, Edward Chapman, 
in his will; dated Sept. 22, 1681; signed by Daniel Denison;| 
and served by Robert Lord, jr., J deputy marshal, by attach- 
ment of the house and land of defendant. 

tWrit, dated Sept. 22, 1681, signed by Hilliard Veren,t 
for the court and town of Salem, and served by Henry Skerry, J 
marshal of Salem, by attachment of land and a table belong- 
ing to defendant. 

t Autograph. 



174 IPSWICH QUARTERLY COURT [Sept. 

Griffen Edwards, attorney and administrator in behalf of 
John Miles of Swansy and Ann his wife, the only remaining 
child of Colonel John Humphry, Esq., deceased v. Moses 
Maverick, John Legg, Richard Norman, John Peach, sr., 
John Peach, jr., widow Bartell, Wm. Bartell, Thomas Pitt- 
man, Edward Norman, Robert Bartlett, John Holmes and 
James Bennett. Trespass. Verdict for defendants. Ap- 
pealed to the next Court of Assistants. Plaintiff did not enter 
bond to prosecute and the appeal ceased.* 

Andru Touckeres bill of cost, 128. 

Joseph Gatchell, aged about thirty years, deposed that 
being* in company with Mr. Abraham Kitveld at Mr. Ged- 
ney's some time the past spring Mr. Kitveld spoke about 
John Harinton's going in the ketch which belonged to him- 
self and Andrew Tocker. He said that "John Brown Colins 
Brown" was master of the ketch and Kitveld and John Har- 
enton were shoresmen, and their shares of the voyage came 
to 81i. 13s. Harinton's share was in Tucker's hands and the 
latter said he would not pay it because he thought Harinton 
had had his share already. Sworn, Sept. 21, 1681, before 
Bartho. Gedney,t assistant. 

Thomas Mould, aged thirty-three years, and Humphrey 
Deverix, aged twenty-five years, deposed that about five 
months ago near Andrew Tucker's house they heard Tucker 
refuse to give Harinton an account of the voyage. Sworn, 
21 : 7 : 1681, before Bartho. Gedney,t assistant. 

Thomas Mould deposed that he was at Mr. Petherick's 
house at Marblehead Neck, etc. Sworn in court. 

*Writ: Griffen Edwards, attorney and administrator in 
behalf of Mr. John Myles of Swansey and Anne his wife, the 
only surviving child of Col. John Humphreys, Esq., deceased 
v. Moses Maverick, John Legg, Richard Norman, John 
Poach, sr., John Peach, jr., widow Bartell, William Bartell, 
Thomas Pittman, Edward Norman, John Martin, Nicholas 
Merit, Richard Rowland, James Smith, Robert Bartlet, 
John Holmes and James Dennis; trespass, for assuming 
possession of a farm near Marblehead, containing about seven 
or eight hundred acres, which was formerly granted to and 
possessed by said Humphreys; dated Aug. 24, 1681; signed 
by Hilliard Veren,t for the court and town of Salem; and 
served by Henry Skerry, f marshal, by attachment of the 
houses and land of said Legg, Maverick, Richard Norman, 
Bartlett, Holmes, Rowland and John Peach, sr. 

Copy of a record of the General Court made by Edward 

t Autograph. 



1681] RECORDS AND FILES 175 

Rawson,* secretary: "Att a Generall Court held at New 
Towne the 12**^ day of y* first moneth 1637 or 38. Itt is 
Agreed that M' Humfrey his ground shall beginn at the cliflE 
in the way to Marblehead, which is the bound betwixt Salem 
& Lynn; and so along the line betweene the said Townes 
to the rocks one mile by estimation to a great red oake marked, 
from which marked tree, all under & ouer the sd Rocks upon 
a streight line to the runing brooke by Thomas Smiths house 
all the which said Ground wee allow him for his owne, & so 
from Thomas Smiths to the sea in case the Ground Appeares 
to be m' Humfreys upon which Thomas Smith & W°* Witters 
houses stands with the Ground which they haue broken up 
by their houses by the Joint Agreement of William Traske, 
Natha Turner, Richard Weight, Abrah. Palmer." 

Defendants' bill of cost, 51i. 3s. 4d. 

Copy of papers in a similar action in Salem court, 24 : 4 : 
1662, made by Hilliard Veren,* cleric. 

Copy of a bill of exchange: 

"To M' Robert Hathorne at M' John Winches on Ludget 
hill London. Be pleased to pay unto M* Lidia Bancks the 
some of one hundred pounds in October next and is for so 
much of hers receiued here, make her good payment & put 
it to the account of him who is y" to use 
''Salem : 19 : 9^' : 1661 Wm. Hathorne." 

Jacob Willett'st receipt in full, dated 22 : 11 : 1675, to 
Maj. William Hathorne of Salem for 421i. 15s., to balance 
all accounts between said Hathorne and Lydia Bancks. 

Jeflfry Massy and Peeter Palfry testified that about nine- 
teen or twenty years ago, being called upon by John Johnson 
and the marshal to appraise the quoy ponds farm, this 
they did. Sworn, 2:4: 1662, before Wm. Hathorne. Copy 
made by Hilliard Veren,* cleric. 

Deed, dated 23 : 6 : 1655, given by William Hathorne of 
Salem, one of the attorneys of Mrs. Liddea Banckes, late of 
Salem, for 1231i., to Mr. Moses Maverick, David Corwithin, 
Arther Sandin, William Charles, John Peach, the elder, and 
other inhabitants of Marblehead, the farm of 400 acres called 
the plains farm in Salem, adjoining Mr. Peeter's farm, with 
all the housing and fencing, excepting 50 acres and two ponds 
formerly granted to Mr. Downing, as per deed dated 24 : 7 : 
1645. Copy from the records of sales in Salem then kept by 
Elias Stileman, recorder, made by Hilliard Veren,* recorder. 

Copy of a record of the County Court held at Boston, July 
26, 1664, made by Isa. Addington,* cleric: Wm. White, 
attorney to Lydia Bankes, spinster v. Major Wm. Hathorne; 
for withholding about 2501i.; dated July 16, 1664; verdict 
for plaintiff, 561i. 15s. 7d. The jury declared that they did 

* Autograph. 



176 IPSWICH QUABTERLY COURT [Sept. 

not allow the 2411. at Marblehead, but conceived that Mr. 
Hauthorne had his remedy in that respect. 
''Beloued brother 

''I receued yours datd the 30 of the 3 month 1645 and wrot 
to you againe by the last ship: but know not what the ship 
wass coUd only my leter wase sent by M' Eldred now lest 
that may mis cary and not come to your hand and hering 
of M' hackingses comming to you I thought feet to writt a 
loyne or to to you to g[i]ue you to understand that by yor 
leter you haue sould my landes at the plains for 123" to be 
payd at 3 paimentes as aforsaid and you do nott queschon but 
that the payment will be soch that most of It may be retom 
In to england by that time: my desier is therfor by the next 
ship that you will be plesed to make knowne unto mee what 
that payment is for I should be very glad if the payment 
might be made her In england and I sustaine no Dameg by 
it: and as the ceare of that I have Is holy committed to you 
I must Intreat you to send me word about my cattel what 
thay be and to advise mee what to do for I sopose some of them 
be very ould and whether thay be worth the keping for thay 
be very low and therfor whether they war not beter to be 
put In some other commodity I desire but advise: also 
I left at my brother mories a trunke, nu hanginges nue ruge 
nu boulster som nu cloth I haue neuer herd word from him 
senc I cam from thenc thou I haue writ to him seuerrall times 
I desier you to take som care of them and let me heare of 
them I cannot but acknoleg as I unfainedly do to Gods 
glory and my gret satisf ection your brotherly care and crischen 
trauel for me beleueing that the same mesur shall be mesured 
out to you and yours in this world besides the boundles ron- 
ing ouer you shall haue to eternet In Jesus Christ which is 
the desier of her that Is your truly louing sister In christ 
"Maydston august the 28 1646. Lydia Bankes."* 

''I canot writ acording first & sacont month becas I know 
not when thay begen. 

"pray let my Inderred be presentted to your wife espectr 
as all so to m'" dounind & her hosband desring them to reioyce 
with me for that the lord is pies to make ther sone a Instre- 
ment of praise In the hartes of tose that rejoyc to hear the 
sperit of god poured forth apon our yong men acording to 
his word let her know that he prech In our town of maidston 
a doy or to befor this letter wass wrot to the gret soport of 
our sperites 

"also I desier not to be unmindfuU of our reverent teacher 
4 elder: the worthi m' endecut 4 all there with the hole 
church humble craning ther ernest remembreng me to god 

* Autograph. 



1681] RECOBDB AND FILES 177 

that I may thro him cari forth his hole profision without any 
dishonr to his name." 

On the reverse of the foregoing paper: "The psentment 
agst Redman is that he ploted w^^ the Indians for the cuting 
of Luter the master & 4 seamen more," as proved by his 
own eonfessin and the testimony of a boy aged sixteen years. 

Letter addressed ''To M' William Hathorne at Salem In 
New England:" 

"Maidston 18*^^ of Aprill, 1648 

"S' I reed yo" of y^ 14*^ of y« 8 month wherin I per- 
ceiue yo' faithfull Endeauors as for yo' selfe (or as y" say) 
if not aboue I am not ignorant of yo' Great paines & Cost 
that y** Constantly a' at in my behalfe I desire it may be 
Considered 

"And now I perceuie y" haue in yo' hands about 8(y* for 
farme & Coues rent. I desire to know how much is behinde 
of y* payment of y* Land & w* the rent of the Cowes doe 
redound to; & wither I haue anything in M' Boarnmans 
hands of Ipswitch. 

"And for y 19" in Goodman Johnsons hands I desire 
it may be payd into you and haue accordingly writt to him. 
For those things w*** were in Roger Moories hands Goodman 
Johnson had a p'ticular of, w*** all y* rest of my things and soe 
I would deferr y" to him. And now Deare S' as I haue always 
found y" ready & willinge soe I must now further Engage my 
selfe to y" to Advise me in the transportation of my mony, 
^ch fQj. ye prgent I shall not doe untill I heare further from 
you. In yo' last letter befor this yo^ spake to me of lands 
y^ had to sell heer if the times were peaceable wherin y" thoght 
y" Cold helpe me in y^ transportation of it. Now I desyre 
y" to aduise me w* y^ Can doe in y* or any other way For 
y« residue of y« paym* of Marblehead I hoope ere this Comes 
to y' lands y" may haue reed it: I was very thankfuU to 
God to heare that you & yo" were well I trust y* Lord doth 
still p'serue y* soe. Let my Christian respects bee p'sented 
to my deare sister yo' wijffe. As alsoe to o' reuerent Teacher, 
with y* rest of o' Christian freinds In y* Armes of whose 
Loue I Leaue you 

"Yo' Truly Lou: Sister in the Fellowship of y* Father 
& of y* Sonn 

"Lydea Bankes.* 

"My Brother Read hath written to y'* this yeare 4 if y» 
send to him I desyre our letters may Come together: it 
being somtimes long ere mine Come to hand." 

Peter Petford, fish delivered, a kentall of refuse and mer- , 
chantable; 2 kentalls for John Leg. 

"10 :6 :48. M' Smith sajrth that what he had agst his 

* Autograph. 



12 



178 IPSWICH QXTABTERLT COURT [Sept. 

man about offering violence to a woman was no other than 
what we had heard." 

"7 score pounds or there about in answer. 5 . 12 . 48." 

"Deere Brother: 

"Yours dated the 3** of the 4*** Moneth 1645 I reseived 
thankfully acknowledginge your love & faithfuUness in my 
business requested of you. I understand by you" that you 
haue sould my land for 123^ and that it is to be payd for, 
at three payments (if I mistake not) the first to be this 4*^ 
moneth (the date heerof) the other that tyme 12 monethes. 
the last 12 monethes after it with the w*** bargine of youres 
I am well satisfied and much acknowledge bound to you for 
your care & paines therein And good Brother let me be far- 
ther ingaged to you to take care that this first payment (now 
deew) may be returned over to me so as I may not abide my 
adventure in the cominge of it over, it beinge a great part 
of what God hath left me for my subsistence, the rest of the 
monny as it shalbe deew I shall depend one you to take care 
of for me for the p'sent not aprehendinge I am like to remove 
hence. I left som things w*** my Brother moorery but as 
yet I never heard from them, they are knowne to you. 

"For my Cattell som of them are ould & scarse worth 
keepinge (as I understand) for I haue had noe proffitt of them 
since I came ouer so as I thinke it wilbe well to put them 
off & returned to me (yf you thinke fitt) but of this I desire 
your advise by the next one w"^ I shall atend this conveniente 
passage I mett w* by exedent and am unwillinge to omitt 
it havenge formerly over stript the poertunity of sendinge 
you shall by the next yeere oft me (god willinge). 

"these with my endeered respects to you' wife not for- 
gettinge our Reverent Teacher & his wife w* all our Christian 
Bretheren & sisters whose prayers to the Throwne of grace 
I humbly craue and Beseech the Lord to make up to you 
& yours my accompt. 

"You' assured Lovenge Friend 
"Maydstone in Kent June the 14**» 1646 Lyddea Bankes."* 

"It is desired by thos it doth conserne that if m' Hurts 
sone that was left at M' Venars be ther ore aliue that he be 
sent ouer the next pasaig ore elc he will louse a verie good 
estate which we doubt part is lost becaus he did not com sup- 
posing he had bine ded but if he com he shall haue sumthing 
and if any will bring hem he shall be paide for his pasaige." 

Edward Richards of Lynn, aged about sixty-five years, 
testified that the plains farm l3dng between Mr. Ralph King's 
farm and the farm called Mr. Peter's farm was enjoyed and 
possessed by John Humphreys Esq., from the time he first 
came to New England to the time of his departure, and he 

* Autograph. 



1681] RECORDS AND FILES 179 

had improved it by building, ploughing, sowing, fencing 
and feeding. Sworn in court. 

Samuel Pike of Lynn, aged about twenty-seven years, 
testified that he had carried away about ten or twelve cords of 
wood for John Legg off his lot, he had bought of James Dennis 
twenty cords of wood, also some of John Martin, and he had 
carted several cords for Marblehead men off the land. He 
had also seen several men of Marblehead hauling away timber 
and wood. Sworn, 26 : 7 : 1681, before Bartho. Gedney,* 
assistant. 

Jno. Blany, aged about fifty-one years, testified that he 
carted off wood for Capt. Jeames Smith, the latter being 
with him, and Goodman Buckly employed him to cart fire- 
wood from Smith's farm at Marblehead plains. Deponent 
also carted wood from Mr. Maverick's lot, which is now 
in controversy, for Phillip Weltsh, Mr. Maverick's tenant. 
He saw Nicholas Merritt cut wood upon his lot and Goodman 
Pittman of Marblehead and his son cut and cart wood from 
there, and Eleazer and Jno. Linsy of Linn cut a frame which 
they said was for Jno. Codner of Marblehead. Goodman 
Poate of Marblehead lately had a frame cut there by one 
Goodman Sheldoun, a carpenter of Marblehead, and carted 
off by Samuell Pike and George Darling's son, Jeames Darling. 
Deponent heard Major William Hat home say that he "tould 
Marblehead men that if they was not Contented And could 
not give them a good title and did not make good what hee 
sould them; that it was his Bargaine to give them there monye 
againe which was a hundred pounds and to take the farme 
againe." Sworn, 26 : 7 : 1681, before Bartho. Gedney,* 

Edm. Batter* certified at Salem, 21 : 7 : 1681, that "about 
the yeere 1661, Joseph Humphrey & my selue were Adminis- 
trators togeather many aeons ther were with men, I apeared 
in some in others I saw noe ground but he would by his owne 
will doe it: this Case of Marblehead farme wherein M' Mau' 
icke & others are Concerned I am very Confident that I did 
not at all joyne with Joseph Humphreys in that aeon: & 
some others that he did psecute its many years since (I doe 
well Rember) he sd he woold try all that formerly hade been 
his fathers & hauing my purse at Comand did sue many I 
doe Rember but one or two aeons that euer I joynd Issue 
with him & its like he would put in my Name with his own 
for he knew that we were joyned in it." 

Michael Bowden, aged about thirty years, deposed that 
he was living on Marblehead plains on the lot that James 
Smith let to him, and had cut and delivered by his order sixty 
cords of wood. He had cut eleven trees from Nicholas Merit's 

* Autograph* 



180 IPSWICH QUABTEBLT COUBT [Sept. 

lot, had bought, cut and carried away wood from James 
Dennis' lot, had carted from Peach's lot wood for William 
Woods, had carted several cords of wood for John Legg and 
for John Codner, Nathanael Walton and John Martin. He 
had hauled away oaks and pines for timber for the use of 
Marblehead men, and wood for Moses Maverick from his 
lot, etc. Sworn, Sept. 26, 1681, before Bartho. Gedney,* 
assistant. 

John Devereux, sr., aged about sixty years, and Thomas 
Bowen, aged about fifty-five years, deposed that they, having 
been many years inhabitants of Marblehead and still resident 
there and not concerned in the farm now in controversy, could 
testify that for the past thirty-four years, this land had been 
possessed by Marblehead men, etc. Sworn, Sept. 19, 1681, 
before Bartho. Gedney,* assistant. 

Benjamin Parmiter, aged about seventy years, and Ed- 
ward Read, aged about sixty-five years, deposed that they, 
having been many years inhabitants at Marblehead and 
still resident there and unconcerned in the farm, could testify 
that the plain farm was bought of Maj. Hathorne about 
1645 by Mr. Moses Maverick, David Corwithin and others, 
etc. Sworn, Sept. 19, 1681, before Bartho. Gedney,* assist- 
ant. 

George Darling of Salem, aged about sixty-six years, tes- 
tified that he carried away a frame of a house for Jon. Codner 
and a frame of a house for Wm. Poet, etc. Sworn, Sept. 26, 
1681, before Bartho. Gedney,* assistant. 

William Bussy of Lynn deposed that living with Samuel 
Pike he had carted away wood for John Legg and wood from 
James Dennis' lot. Sworn, 26 : 7 : 1681, before Bartho. 
Gedney,* assistant. 

Copy of Wm. Hathorne's account, made by Isa. Addington,* 
cleric : Mrs. Banks, Debt', 26 : 5 : 1664, Acctd with Jo. 
Putman, 26 : 4 : 1643 & paid him for keeping a bull and steer 
winter and summer with some other charges about the cattle, 
21i. 10s.; Rates, 4s. 6d.; the Deacons for you. Hi. Is.; 1644, 
p mr. Boarman as the overplus of 2 Cows, a steer, calfe and 
charges for the keeping them and fetching them home, 15s. 
8d.; Rates for Town and Country, 6s.; keeping the steere. 
Hi,; 1645, Rates, 6s. 4d.; keeping the steere. Hi. 5s.; 1646, 
Rates, 8s.; the steer keeping, Hi. 5s.; 1647, Rates, 5s.; 1648, 
Rates, 7s. 6d.; 3 Cows died, charges more than skins, 6s. 4d.; 
1649, Rates, 10s.; 1650, Rates, 8s.; sent to Mrs. Banks, 
1651, charges in Roger Morries sute, Hi. 15s.; bill of exchange 
one my Brother & paid by Mr. Winch in London, lOOli. ; dififer- 
ence upon Exchange, 251i.; charges to Mr. Cromwell about 
Corne, 7s. 6d.; my charge in ferriage expence at bargain 

* Autograph. 



1681] RECORDS AND FILES 181 

Jerimiah Neale, administrator of the estate of Mary Mans- 
field, executrix of the estate of her former husband John 
Neale, brought in an inventory on oath of about 3 Hi., which 
was to be divided into six shares. Jerimiah Neale, the eldest 
son, was to have a double portion, the other four shares to be 
to Jonathan Neale and Joseph Neale, and the widow Ann 
Neale for the use of her children and the children of Jonathan 
Hart that he had by Lidea Neale. 

Israeli Honywell was released of his bond for good behavior, 
no one appearing to object. 

John Pickworth dying intestate, court granted adminis- 
tration to Joseph Pickworth his brother, who was ordered to 
bring in an inventory to the next Salem court. 

John Towne and Mary Towne, for fornication, which 
they confessed, were fined. 

John Bager was fined upon his presentment. 

DanieU Killam was fined upon his presentment. 

Joseph Parker and his wife were fined for fornication. 

Joseph Peasley, for abusing Peeter Green, was fined, bound 
to good behavior and disabled from bearing any weapon. 
Said Green was surety on the bond.* 

makeing & the Deed & severall disburstments at receite of 
payment & my own time with a journy to providence to 
Roger Morie and 4 journies about laying out the farme one 
both sides in the yeares 62 & 63, 501i.; my ingagement to 
Marblehead either to disingage me or to allow me 241i., I 
being called to answer upon the same in an action in 62 at 
Salem Court in l,5001i.; total, 21211. lOd. Per Contra, 
Creditor: 1643, hire of 4 Cows to Jo. Putman, 61i. 5s. ; Goodm. 
Laws, 10s.; Goodm. Hart, Hi. 10s.; 1644, hire of 5 Cows, 51i.; 
1645, hire of 7 cows, 71i.; 1646, hire of 7 Cows, 71i.; a steer 
sold, 51i.; 1647, hire of 7 Cows, 71i.; 1648, hire of 4 Cows, 
41i.; p Mr. Johnson, 131i. 10s.; 1649, 3 Cows sold more than 
keeping, 121i.; hire of a cow. Hi.; an oxe of Roger Morries 
besides charge, 71i.; 1650, a Cow sold, 41i. 15s.; Roger Morrie 
upon sute, lOli. 5s.; Corne of that ground. Hi. 4s.; a Farme 
sold for £120 of which received 11811. 6s. 8d.; total, 21111. 
5s. 8d. 

♦Warrant, dated Sept. 17, 1681, for the appearance, at Mr. 
SaltonstalPs lodging in Haverhill, of Joseph Peasely, upon 
complaint of Peter Green, for abusing him on Aug. 12 last, 
by kicking and striking him so that he was taken for dead 



182 IPBWICH QUABTBBLT COURT [Sept. 

at the time and was for a long time in fear of death from the 
blows, signed by Nath. Saltonstall,* assistant. He appeared 
and was bound to appear at the next Ipswich court. 

The declaration of Peter Green* as he lay upon his bed, 
dated Haverhill, Aug. 19, 1681: ''On y« 12**» instant w« was 
Friday last after the frame of James Davis his dwelling house 
& barne were both raised, & y« Company had been at dinner 
or supper; Joseph Peasely did so inhumanely & cruelly beat, 
strike & kick me, that by y* meanes & no other I have been 
forct euer since y* time as soone as I got home with much 
paine to keepe my bed & wholly disinabled from all manner 
of labour, & necissated to send for a Doctor from Newbery; 
4 am yet doubtfull & fearefuU what may be the event. Be- 
sides many base, unchristian and reproachfull names y^ he 
y*' called mee, & other words that he gave mee. In the time 
of this abuse offered mee there were first & last present or 
neare who heard or saw it, John Whittier, Thomas Whittier, 
Jotham Hendrick, Ephraim Roberts, Gregory Marks, John 
& Steph. Davis. His actions towards me were on this manner. 
He, on a suddaine, came up to me & gave me a violent chuck 
und' y« Chin, & y^ catcht hold of my throat and pincht me 
so y* it made my throat sore & to swell, & then, whilst I stood, 
he gave me a lack on y« bottome of my belly whereby I am 
much wounded, & in much paine both night & day, my fiesh 
much discolored, made black & blew & swelPd w*** y* blowes, 
that if I should recover so as to go about I feare I shall never 
be my owne man as formerly W"* he was thus in his r?»ge & 
resolved & had me on y^ ground abuseing of mee, he often 
entreated & prayed some that were then present to be gone; 
4 turne away, 4 not to see, 4 was very earnest w'^ them 
so to do. After this when his furious, murtherous passion was 
seemingly somewhat allaied, 4 y* hurt I had received not 
viewed or knowne, he askt me whither I would goe home, 
4 would have perswaded me to have gone w*^ him through 
y* corne feilds, w^ was out of my way 4 y^ being refused by 
me, I went my owne way, 4 he went with mee, 4 y** w** wee 
came out of y* feild into y* street, or Highway, before I was 
aware of him he struck me so terrible a blow on the head, 
^th ^ j^Q (]j^ dazle 4 stound 4 fell mee, 4 when I was getting 
up againe as well as I could he struck me againe 4 laid me 
for dead, 4 w* blowes aft' that he gave me I cannot relate 
otherwise y** by y effects, y* I find on my body; for y** Eph: 
Roberts, Joth: Hendrick, Steph: 4 Jno Davis, 4 Gregory 
Marks being in sight, came 4 tooke me for dead as they say, 
4 cried out, feareing whither I would come to life or not; On 
w*, as y^ report, Joseph Peasely said Hang him dog, or drunk- 
en dog, I did but touch him w^ my finger, or to that purpose. 

* Autograph. 



1681] BECOBDB AND FILES 183 

"At y* first time W* he had me downe A was upon me, 
he put his hand or fingers into my mouth and wounded my 
mouth, & in spetiall my tounge (w^ I doubt not but he had 
a will to pull out) w^ caused it so to swell that I could hardly 
eat for two dayes; & then he cried out y* I bitt him; 4 y" 
immediately he tooke my finger & putt it into his own mouth, 
& bitt it sorely, y* wound whereof is yet apparent; besides 
other wounds & marks y* he gave me on my nose, Upps, eye 
& face & head almost all over, w^ is now weake & much pained. 
I do professe, & truely beleve that, had not y^ good Providence 
of God by company being near prevented him, he had cer- 
tainely at that instant killed me in y^ High-way: And I do 
still f eare that if he be not by some speedie & effectuall meanes 
restrained by the Authoritie of y* Country he will privately 
& maliciously kill me, or mine or both; if not others also. 
Since this abuse one of my creatures is not to be foimd, and 
to say positively y* its gone by him, though I feare it, I cannot 
at present. This is not the 1"*: 2^ nor 3^ desperate abuses 
& attempts y* he hath made upon y^ persons of others, not 
to say how he carries it in his owne family to his Many un- 
sufferable cowardly tricks he hath plaid before towards 
others, w* tho hitherto hidden from Authority shall, w** called 
for, fully appeare, by w* his temper, & w* spirit of mallice 
rules in him, may be fully knowne. For one whereof he was 
formerly bound to y* Peace & Good behaviour, but since y* 
pcured y release of it by forbeareing outragious madnesse 
for feare of his bond for a small while, and to a good purpose 
indeed if this sore affliction which I feele & ly under by jr* 
eflfects & fruites of his libertie." 

Ephraim Roberts testified that after Peasely had chucked 
Green under the chin, Peasely took an apple oflf a tree, threw 
it on the ground and in a fury stamped it into pieces, saying 
to Green, "I could do w^^ you as to this apple & deale w*** 
you, & throw you into y* river." Peasely challenged him 
then into the Plain field to fight but Green refused, saying, 
"I will go home y* street way by Jothom's house, w® is my 
neerest way," and when they reached the street, he struck 
Green a blow, saying "Come, I will be loveing," to which Green 
replied, "Is this your Love?" When he had beaten him 
until he was unconscious, Peasely said to deponent and others 
that he was drunk and told them to haul him under a log 
and he would be well enough by morning. Thomas Whittier, 
jr., and Stephen Davis also testified. Sworn, Aug. 24, 1681, 
before Nath. Saltonstall,* assistant. 

Gregory Marks and John Davis testified. Sworn, Aug. 
25, 1681, before N. Saltonstall,* assistant. 

Jotham Hindaraks, aged thirty years, deposed that Peasely 

* Autograph. 



184 IPSWICH QUARTERLY COURT [Sept. 

Fines set by Major Genrll. Denison, Esq., for misdemeanors 
of several persons brought into court and delivered to the 
Treasurer, 81i. in money, John Baker six shillings and Quarter- 
master Perkins five shillings not paid. 

Capt. Nath. Saltonstall, Esq., gave in Hugh Stone of An- 
dover fined for being drunk, 10s., to be paid in or as money, 
and John Page of Haverill 20s. money for disorderly selling 
drink. 

Jonathan Gatehwell, bound to this court for suspicion of 
uncleanness, was ordered to appear at the next Salem court, 
and was ordered to be committed until he secure sureties on 
his bond. 

John Doderige, being convicted of stealing 51i. 8s. in money, 
was ordered to pay the party 161i. 10s. 

Mr. Frances Wainwright had his license renewed until 
March court. 

Mr. John Wainwright had his license renewed until March 
court. 

Thomas Judkin had his license renewed until June court. 

Erasmus James had his license renewed until June court. 

John Severns of Haverill had his license renewed for a year. 

Mr. Farley had his license renewed for a year. 

Daniell Clarke of Toppsfield had his license renewed for a 
year. 

Upon a certificate received from Mr. Tho. Kellon, mer- 
chant, of the death of Nicholas Walingford, administration 
upon the estate was granted to Sarah Wallinford, relict of 
said Nicholas, and Caleb Hopkinson, who were ordered to 
bring in an inventory to the next March court. 

Thomas Lambert, guardian of Abigaill Lambert, was bound 
in 2001i. 

Upon complaint of John Lighton against John Newmarsh, 
the latter was admonished.* 

felled Green to the plain near '' my further beam,'' etc. Sworn, 
21 : 7 : 1681, before N. Saltonstall,t assistant. 

*Copy of writ: John Newmarch v. John Layton; for strik- 
ing and abusing James Tanler, his apprentice, in the highway 
when he was coming home; dated June 22, 1681. Copy 
made by Robt. Lord. On the reverse of this paper: "Sam" 

t Autograph. 



1681] RECORDS AND FILES 185 

• 

Serle, James Garrow, Tho. Tredwell, Elisha Tredwell, Sam. 
Hodgkin." 

John Leighton complained against John Newmarch, sr., 
that he was only discharging his duty as a tythingman, etc. 

John Leighton and Daniel Hovy testified that ''upon a 
Training day having heard the Honoured Major Gene^* Denison 
when he dismissed his Band, say to the Company, that they 
should Repair to their homes, and not to shew the world 
their folly to be a shooting of their Guns (or to that afifect) 
we being Tithingmen, and under an oath, were conscious of 
the same, and went to Places where we suspected rudeness 
to be, And one of these places was the House of John Berries 
for I the said Daniel Hovy Espying a person going into the 
said house did Guess by the persons acting that there was 
Company there (it then being about Ten or Eleven of the 
Clock at Night) did say to John Leighton (then with me) 
shall we go in to the house and see what company is there, 
so the said John Leighton went in (and I followed him) and 
John Leighton Asked what company was there? and a womans 
voice Answered (which I John Leighton knew to be the wife 
of John Berry that Answered) That there was no body there 
but a drunken fellow, and further said, that shee was glad 
we came, that shee might be Rid of him, for they could not 
get him out of their house, at which words, I the said John 
Leighton espied a person that went to go out of the said house, 
and Justled against the doore, as he went out, and staggered 
much as he went out of the said house, did say to Daniel 
Hovy, I think he is Drunk Indeed; and seeing the person, knew 
him to be John Newmarch his man (which person we saw the 
training day before at Night at another house very much 
in drink and we did warn him of it, that if we so found him 
hereafter we would complain of him) whom we now saw in 
such a drunken case was resolved to have him to athority, 
by Reason of our oath, we were conscious of Letting him go 
free in such a case, I the said John Leighton spake to Daniel 
Hovy to Lay hold of him. And I Daniel Hovy went to Lay 
hold on him, but he slipt away, and went staggering from 
him homewards, up the Long street wards, and we both fol- 
lowed him, and he (the said Newmarch his man) had a good 
bigg Cudgel in his hand and as I Daniel Hovy went to him, 
he with his Cudgel struck at me and I holding up my stick 
that I then had in my hand to keep the blowes off from me, 
one of his blowes broke my stick in two, at which time, I 
John Leighton was come up to him, seeing the said man so 
Rusticated did say unto him, What art thou mad? at which 
words the said man struck me a sore blow aiming at my head, 
but onely struck the side of my head and glanced away upon 
my shoulder, upon which I said, what! shall wee be thus 



186 IPSWICH QUARTEBLT COURT [Sept. 

Deacon Goodhue was discharged from being administrator 
of the estate of Thomas Gidding. 

Reckoned with the Treasurer Sept. 30, 1681, and then 
was due to the court 91i. 2s. lid. 

Major Robert Pike, Capt. Thomas Bradbury and Henry 
Browne were appointed to end small causes in Salsbury for 
the ensuing year. 

Court ordered this caution to be recorded: "Whereas 
Phillip Welch and his famaly are come this somer to resyde 
in this Towne of Ipswich, The selectmen haveing warned 
out of this Towne by the constable. He refuseing to returne 
to the place whence he came The selectmen desire to enter 
this caution with this court y* the sayd Welch & his famaly 
may not by resyding become chargable to The Towne by 
order of the selectmen." 

Court approved this request of Henry Osborne: "Whereas 
I being at present In such a condition that I cannot attend 
my calling, nor carry on family affaires as I could or ought 
to doe, have desired the selectmen to take care of me and my 
estate to my best advantage as they saw meete, and they 
have deferd, or rather referd, it to this court, my humble 
request is, that they in their wisdome would take such care 
for me and mine, and what I have, as they shall judg best 
for my good being uncapable to take care for myselfe, and 

abused by a drunken fellow, did then close in with him, who 
gave me a hunch upon my breast with one hand and his other 
hand had hold on my Neckcloth, And then he gott from me 
and ran staggering a little way where he soon fell down but 
as he was going, I being so abused by him, did call out to 
Daniel Hovy, what! shall we be Thus abused by a drunken 
fellow, knock him down, knock him down, we both then went 
to him where he was fallen down, and Took him one by the 
hand, and the other by the other hand for he was very drunck, 
and could not get him along he would fall so much and I 
John Leighton then said to Daniel Hovy, stay you with him, 
and I will go to his Master he being a Tithingman to take 
charge of him, so I went to his Masters house but he not 
being at home I left word at his house of the condition of his 
man and charged his two sons to Asist me, who Refused ex- 
cept I had a warrant. And in the Time aforesaid of y^ said 
Newmarch his mans abusing us by blowes, he spake very un« 
seemly wicked and very sinful! words, not fitt to be spoken." 



1681] BEC0RD8 AND FILES 187 

to that end I request that Simon Stace and Thomas Lull 
may be Impowered to act as in their discression they see 
meete." 

John Clarke of Gloster d3ring intestate, Major Genrll. Den- 
isin, Esq., and Major Samuell Appleton, Esq., appointed 
Joseph Clarke, his brother, administrator of the estate on 
Jan. 12, 1681. He was bound with Wm. Sergent as surety. 

Nathaniel! Wells dying intestate. Major Generall Denison^ 
Esq., and Major Samuell Appleton, Esq., appointed Liddia 
Wells, the relict, administratrix of his estate and ordered her to 
bring in an inventory to the next Ipswich court. 

Court held at Salem, Nov. 29, 1681. 

Judges: The Honrd. Majr. Daniell Denison, Maj. Salton- 
stall, Esq., William Browne, Esq., Bartholmew Gedney, Esq., 
and Majr. Apleton, Esq. 

Grand jury: Nathaniell Putnam, William Trask, Christopher 
Babbadg, James Symonds, Henry West, John Loomes, Robert 
Going, Thomas Farr, John Newall, jr., Robert Leach, John 
Eillum, Ensign Samuell Corning, William Griggs and Erasmus 
James. 

Jury of trials: Capt. Tho. Fisk, Leift. John Pickering, Mr.. 
Ben. Marstone, Mr. Daniell Andrewes, Seargt. John Leach, 
Danill Hitchin, John Edmonds, Jacob Knight, John IngoUs, 
Mr. William Rayment, James Davis, and John Peach, jr. 

Isaack WilUams v. Humphry Devorix. Verdict for plain- 
tiflf.* 

Writ: Mr. John Appleton, jr., assignee of Phillip Muddell 
V. Joseph Elwell of Salem; debt of four pounds in money or 
dry fish, by bill dated Dec. 18, 1676, with interest; dated 
July 16, 1681; signed by Robert Lord,t for the court and 
town of Ipswich; and served by Robert Lord,t marshal of 
Ipswich, by attachment of house and land of defendant. 

Writ: Ezekiell Woodward v. Isack Hull; review of a case 
tried at Salem in Nov., 1680, between said Hull and Walter 
Fayerfield, executor of the will of John Solart; dated 13 : 
7 : 1681 ; signed by Thos. Fiske,t for the court and town of 
Wenham; and served by Thomas Fiske,t constable of Wen- 
ham. 

*Writ: Isaack Williams v. Humphry Devorix; debt; 

t Autograph. 



188 BALEM QUARTERLY COURT [NoV. 

dated 19 : 9 : 1681; signed by Hilliard Veren,* for the court 
and town of Salem; and served by Henery Skerry,* marshal. 
Bond of Humphry Devorix* and Henry (his mark) Trevet. 

Isaack Williamis' bill of cost, 21i. 9s. 

Copy of bond and other papers in a similar action, 28 : 4 : 
1681, in Salem court. 

Nathaniell Pease testified that he delivered, on account 
of Isack Williams, a parcel of hides to Humphrey Devorix 
about four years ago. Sworn in court. 

Joseph Gatchell, aged about thirty-two years, testified 
that the bond was given in full settlement of their accounts, 
At which time Deverix owned to deponent that he had re- 
ceived a parcel of dry hides in consideration of the former 
bill for which this collateral bill was obtained, worth 41i. in 
money, etc. Deverix said he would give deponent 20s. if 
he would not tell what he knew about the transaction. Sworn 
before William Browne,* assistant, and owned in court. 

William Andrew, aged about twenty-three years, testified 
that he delivered the hides to Humphry Deverex out of Capt. 
George Corwin's warehouse upon Isaac Williams' account 
on Mar. 2, 1677-78. Sworn in court. 

John Willkingson, aged about thirty-four years, deposed 
that the bill dated June 20, 1680, etc. Sworn, before William 
Browne,* assistant, and owned in court. 

William Andrew, aged about twenty-three years, deposed 
that the hides were worth 41i. 3s. 4d. Sworn before William 
Browne,* assistant, and owned in court. 

Isack Williams and Margrey his wife deposed that they 
never had dealings with Humphery Deveriex after June 20, 
1680. Isack Williams, jr., and Joseph Getchell testified to 
the same. Sworn in court. 

Joseph Gatchell, aged about thirty-two years, deposed 
that he having his abode under the roof of Isack Williams 
and often being present when the latter made payments to 
Devorax on the 201i. due, etc. Sworn, 20 : 9 : 1681, before 
B. Gedney,* assistant, and owned in court. 

Mr. Humphrey Devorix of Marblehead, tanner, is Dr.: 
June 24, 1680, to money, 15s. 6d.; dry hides, 41i. 3s. 4d.; 
June 28, delivered to your father Mr. John Devorix in the 
presence of Jos. Gatchell, 14s.; to Joseph Gattchill, a pair of 
french fall shoes, 6s.; Aug. 14, paid at Mr. Gidny's in the 
presence of Joseph Gattchill, 41i.; Aug. 15, paid at Mr. Gid- 
nies in the presence of Nathanll. Pease, 5s.; Nov. 4, to 126 
lb. of dry hides delivered yourself p Nathll. Pease and my- 
self, 31i. 4s.; to a pair of bootes delivered to yourself, my 
wife being present, lli. Is.; Dec. 14, in money, 10s. ; Dec. 21, 
money, 5s.; Jan. 3, money, 3s.; Jan. 11, 2s.; 1 pr. shoes to 

* Autograph. 



1681] RECORDS AND FILES 189 

John How V. Mr. Richard Collicut and Mr. Nathaniell 
Greenewood, executors and overseers of the will of Hester 
Seers, deceased. Review. Special verdict. If Henry Mason 
promised to give his cousin How the bed, etc., it being owned 
by his wife that her said husband enjoined her by what he 
said to her on his death bed, that his promise should be per- 
formed, makes the bed a debt to Mr. How, they found for 
plaintiff, the bed; otherwise for the defendant. Court gave 
judgment for plaintiff."** 

youself, 4s.; Jan. 18, paid to Jos. Gattchill, Hi.; Jan. 26, 
a pair of shoes to Robt. NickoUs, 6s. 6d.; to money, 5s.; 
money. Is. 6d.; 1 pair of shoes to John Rogers, 5s.; credited 
Edwd. Weeden, 7s.; 1 pr. shoes, 68.; total, 181i. 19s. lOd. 
Sworn, Nov. 20, 1681, before Bartho. Gedny,t assistant. 

♦Writ, dated Nov. 11, 1681, signed by Robert Lord,t for 
the court and town of Ipswich, and served by Returne Waite,t 
marshal of Suffolk. Bond of Richd. Collicottf and Nathaniell 
Greenwood.f 

Defendants' bill of cost, 12s. 

John How's bill of cost, 31i. 2s. 4d. 

Copy of papers in a similar action, Sept. 28, 1681, in Ipswich 
court, made by Robert Lord,t cleric. 

The special verdict returned. 
• Micall Donill, aged about thirty-six years, testified that being 
at Boston sometime in 1676 in company with John How and 
M' Gould, Heanery Masson, as he was called, told deponant 
in the presence of his cousin John How that he had given his 
cousin How a feather bed and he thanked him for it. Sworn, 
Nov. 10, 1681, before Daniel Denison.f 

Receipt, dated Mar. 31, 1681, for the legacies received from 
the executors of Hester Seers' estate, signed by Sarah (her 
mark) Parker, Ester (her mark) Parker, Elizabeth (her mark) 
Parker, Debora (her mark) Parker, Abraham (his mark) 
Parker, Israeli How,t Robert (his mark) Grandy and Deborah 
(her mark) Skelton. 

Receipt, dated Boston, Mar. 10, 1680-1, to Nathaniell 
Greenwood given by Isaac How for a feather bed, green rug 
and bolster. 

John Gould and Thomas Tower testified that they heard 
John How demand a featherbed and bedding of Mr. CoUicot 
and Mr. Greenwood at Obern and they refused them. Owned 
in court, 28 : 7 : 1680, at Ipswich. 

James How, sr., aged about eighty years, and Abraham 
How, aged about thirty years, testified that their cousins, 

t Autograph. 



190 SALEM QUARTERLY COURT [NoV. 

Benjamin Balch, sr., only son and heir of John Balch, sr., 
deceased; and legal heir to the land of his brother, John Balch, 
deceased v. William Dodg, the younger, son of William Dodg, 
sr. Verdict for defendant. John [Wm. — Waste Book] Ray- 
ment was taken from the jury in this action, by agreement of 
both parties.* 

Goodman Seres and his wife came to their house to visit 
them about four years ago and Hester Seers, formerly the 
wife of Henery Mason, told them that her' first husband had 
given her cousin John How his feather bed, but she could 
not spare it yet. Sworn, 28 : 9 : 1681, before Samll. Appleton,t 
assistant. 

♦Writ, dated 21:9: 1681, for claiming three acres of meadow, 
signed by Hilliard Veren,t for the court and town of Salem, 
and served by Ephraim Herrick,t constable of Beverley, by 
attachment of the house of defendant. 

William Dodge's bill of cost, 12s. 

Samuel Balch, aged about twenty-nine years, testified that 
he was at the great marsh in July when William Dodge, 2d, 
and others were taking up hay on the meadow now in con- 
troversy between deponent's father, Benjamin Balch, and 
William Dodge. Freeborn Balch, his brother, was there also. 
John Balch, aged about twenty-seven years, testified. Sworn 
in court. 

Copy of records of the Ipswich court, Mar. 31, 1663, and of 
Salem court, 24 : 4 : 1662, in this matter. 

Copy of deed, date^ Jan. 15, 1663, given by Benjamin Balch 
of Salem, yeoman, to Mary, wife of his brother John Balch, 
deceased, now wife of William Dodge, the younger, sixteen 
acres in Bass river side in Salem, at the head of the rails toward 
Wenham on the west side of the country highway that goes 
to Wenham, which is part of about fifty acres which was lately 
John Balch's, deceased, and ordered to grantor by a county 
court at Ipswich, Mar. 31, 1663; also three acres of meadow 
in this land, to said Mary for life, and after her death to re- 
turn to said Benjamin, which three acres is the outside farthest 
from grantor's land. Wit: Hilliard Veren. Acknowledged, 
14 : 11 : 1663, before Wm. Hathorne. Copy from the record 
of lands made by Hilliard Veren,t recorder. 

Samuel Balch testified. 

Freeborn Balch, aged about twenty-two years, testified. 
Sworn in court. 

John Grover, sr., aged about fifty-three years, deposed 
concerning mowing this meadow. Sworn in court. 

t Autograph. 



1681] RECORDS AND FILES 191 

Mr. Richard Pattashall v. Steephen Haskett. Debt. With- 
drawn. 

Mr. Nehemiah Willoughby v. Capt. Laurance Hamond 
and Mrs. Margerett, his wife, relict and executrix of the will 
of Francis Willoughby, Esq. Debt. Withdrawn.* 

John Andrewes v. Abram Adams. Verdict for defendant, t 

Zachariah Herrick, aged about forty-eight years, deposed 
that Benjamin Balch owned this meadow thirty years ago, 
etc. Sworn in court. 

Edward Bishop, aged sixty-three years, testified that John 
Balch, Benjamin's father, owned it forty years ago. Sworn 
in court. 

*Writ, dated Oct. 4, 1681, for debt, signed by Hilliard 
Veren,t for the court and town of Salem, and served by Henery 
Skerry, { marshal, by attachment of the farm of the estate of 
said Willoughby, lying in Gloster, now in possession of said 
Hammond. 

tWrit: John Andrewes v. Abraham Adams; for rescuing 
Robert Cannon, who was arrested by Thomas Andrewes, 
deputy for Marshal Webb of Suffolk county, for serving the 
attachment for John Andrewes of Salem, surety for Cannon; 
dated 22 :9 : 1681; signed by Hilliard Veren,t for the court 
and town of Salem; and served by Returne Waite,J marshal, 
by attachment of defendant's house and land in Boston. 

Abraham Adams' bill of cost, Hi. lOd. 

Thomas Andrews,} deputy marshal, aged about twenty-two 
years, deposed that on Feb. 12, 1677 at night he went to 
Abraham Adams' house and inquired for Robert Cannon. 
A woman who was there bade a little boy go and call him. 
Cannon and deponent went to the door to speak and found 
Jno. Andrews there. Andrews said ''This is the man do yo' 
office," which deponent did by attaching said Cannon, who 
then went into another of Adams' houses to get his hat. When 
he came out he ran into Adams' house, up into the chamber, 
deponent following him, where the nurse pulled deponent by 
the hair and abused him with her tongue. Deponent fell 
backward over a stool and Cannon struck him two or three 
blows and then ran down stairs. Abraham Adams held 
deponent so he could not pursue Cannon and so the latter 
escaped. Sworn, Mar. 18, 1677-8, before Tho. Brattle, J 
commissioner. 

Copy of papers in a similar action. Mar. 26, 1678, in Ipswich 
court, made by Robert Lord,| cleric. 

Ann Fox, aged about forty years, testified that in the time 
of the great sickness in Boston on account of the small pox, 

(Autograph. 



192 SALEM QUABTEBLT COURT [NoV. 

Jonathan Hart, in behalf of himself and sisters, Eliza., 
Sara, Deborah and Florence, the only children and heirs 
of John Hart and Florence, his wife, deceased y. John Peach, 
jr. Review. Withdrawn. Leift. Pickering and John Peach 
were taken oflf the jury in this action.* 

she lived in Abraham Adams' house as a nurse, there being 
seven persons sick, and some died. Robert Cannon and 
another man came running up into the chamber where the 
sick people were and they ''did heave one the other about the 
Roome & upon the sicke people & Children & the sicke did 
cry out they shold be murthered," etc. Jno. Veering, aged 
forty-six years, testified to the same, he being a watcher in 
the house, and that one of the children died that night, etc. 
Sworn, Nov. 25, 1681, before John Fayerweather,t com- 
missioner. 

Nathanell Addams, sr., aged fifty years, deposed as to 
the commotion in his brother, Abraham's house, etc. His 
brother sent for the constable and carried the man who broke 
into his house before Governor Leverett, etc. Sworn, Nov. 
25, 1681, before John Fayerweather,t commissioner. 

Sarrah Andrews, aged about seventeen years, testified 
that she was in Adams' house, etc. Sworn, Nov. 25, 1681, 
before John Fayerweather,t commissioner. 

Nathaniell Addams of Charls Towne, aged about twenty- 
eight years, deposed that about three years and a half ago, 
during the small pox visitation he was with his uncle, Abraham 
Adams of Boston, cooper, at the *'Cattern wheele" when 
deponent's father, Nathaniel Adams, sr., came in for Abraham, 
etc. He also testified that the man who called himself the 
marshal's deputy was the worse for drink and could show no 
power of appointment as deputy. Sworn, Nov. 30, 1681, 
before B. Gedney,t assistant. 

*Writ: dated 21 : 9 : 1681, for review of an action first 
tried, Mar. 1672-3, in Ipswich court, with verdict for plaintiff, 
afterward reviewed by the defendant at the next Salem court 
in June where judgment went against the now plaintiff, who 
appealed to the Court of Assistants and there recovered the 
case, and afterward brought by the defendant John Peach 
to the General Court, where judgment was given the de- 
fendant, signed by Hilliard Veren,t for the court and town 
of Salem, and served by Benjamin Gale,t constable of Mar- 
blehead, by attachment of the house and land of defendant. 

Copy of letter of attorney, dated Mar. 1, 1672-3, given by 
Edward Flint, Jeremiah Neale, Joseph Morgaine and John 
Trask to their loving brother-in-law, Jonathan Hart of Salem. 

t Autograph. 



1681] BECORDB AND FILES 103 

Abram Ketvill v. Andrew Tucker. Defamation. Verdict 
for plaintiff.* 

Abram Ketvill v. Andrew Tucker. Battery. Verdict for 
plaintiff, t 

Wit: Mathew Woodwell and John Swinerton. Copy made, 
21 : 4 : 1673, by Robt. Lord, J cleric. 

Copy of a judgment of the General Court, Oct. 15, 1673, 
that the house and land in the hands of Jonathan Hart be given 
to Jno. Peach. Copy made by Edwd. Rawson, | secretary. 

John Peach's bill of cost. Hi. 8d. 

* Writ, dated Nov. 23, 1681, signed by Moses Mavericke, J 
for the court and town of Marblehead, and served by Ben- 
jamin Gale,{ constable of Marblehead, by attachment of 
house and land of defendant. 

Abraham KitvilFs bill of cost. Hi. 4s. 

Hugh Guy and Richard Youngs testified that being about 
three months ago at the house of Andrew Tucker, about one 
hour into the night, they heard Abraham Kittfeild say to 
Youngs, said Tucker's servant, that he would carry aboard 
the ketch Adventure that bolt rope of a main sail belonging 
to Phillip Jeffers, and also said that his master bade him, 
Hugh Guy being aboard the said ketch. The next day they 
heard Richard Young say to Abraham Kittfield that he would 
carry the rope ashore again for he would not be accounted a 
thief for him. Abraham replied. that he should not, for he 
would clear him of it. Sworn, 29 : 9 : 1681, before Bartho. 
Gedney,! assistant. 

Mary Tucker, aged thirty-five years, deposed that as she 
sat upon the bedside by her husband, Abraham Kittfield 
came into the house and said he would carry aboard the bolt 
rope, but her husband told him not to do it until he had spoken 
to Phillip Jeffers about it. Sworn, 29 : 9 : 1681, before B. « 
Gedney,! assistant. 

Thomas Manning, aged about thirty-five years, testified 
that on the last fare of fish at Cape Sable, coming from Margit 
Bay, there was a falling out between Andrew Tucker and 
Abraham Kitvill. All the ketch's crew being together abaft 
the mast, Tucker swore by his maker that he was going to 
break Eitvill's chest, going to the cabin to break it. Kitvill 
said it was not locked, whereupon Tucker opened it, took 
out one bottle of rum, drank it and afterward struck Kitvill, 
calling him a rogue and a thief. Sworn, Nov. 9, 1681, before 
Moses Mavericke, commissioner. Copy made by Hilliard 
Veren,t cler. 

tWrit: Abraham Kitvill v. Andrew Tucker; battery, for 

} Autograph. 



13 



194 SALEM QUABTEBLT COURT [NoV. 

Abram Ketvill v. Andrew Tucker. For not delivering an 
account. Verdict for plaintiff. Said Tucker was to give a 
full account of the voyage, upon oath, or deliver plaintiff his 
part of fish and oil.* 

forcibly taking away the plaintiff's liquor from his chest and 
striking him; dated Nov. 23, 1681; signed by Moses Mav- 
ericke,t for the court and town of Marblehead, and served 
by Benjamin Gale,t constable of Marblehead, by attachment 
of house and land of defendant. 

Bill of cost. Hi. 3s. lid. 

Hugh Guy, aged about eighteen years, and Richard Youngs, 
aged about eighteen years, testified that they often saw Tucker 
and Kittfeild take liquor out of each other's chest. Sworn, 
29 : 9 : 1681, before B. Gedney,t assistant. 

Hugh Gay, aged about nineteen years, deposed. Sworn, 
Nov. 3, 1681, before Moses Mavericke,t commissioner. 

Thomas Manning, aged about thirty-five years, deposed. 
Sworn, Nov. 9, 1681, before Moses Mavericke,t commissioner. 

♦Writ, dated Nov. 22, 1681, signed by Moses Maverick,t 
for the court and town of Marblehead, and served by Ben- 
jamin Gale,t constable of Marblehead, by attachment of the 
house and land of defendant. 

Bill of cost, 21i. 2s. Id. 

John Legg testified that about a month ago, he went to re- 
ceive some fish from Andrew Tucker, and his wife delivered 
him about eleven quintals that were ready. She showed 
some more fish which she said was 'Hhe last sauefer," but 
he refused it for it was not ''fitting to be waied of." Sworn 
in court. 

Ann Gilbert, aged about twenty-two years, testified that 
in Andrew Tucker's house she heard Kittfield demand an 
account of the voyage of the ketch Adventure and Mary 
Tucker said he should have it any time. He agreed to come 
the next day and bring one man. Mary said one man should 
do for both of them, "excepting a Jarsey man." Joane Man- 
ning testified to the same. Sworn, 29 : 9 : 1681, before B. 
Gedney,t assistant. 

Rebeca Alain, wife of John Alain, deposed that Docter 
Not, Leaneard Belringer and Abraham Kitvill were at Tucker's 
when Kitvill forewarned Tucker not to meddle with their 
fish unless he saw the weight of it. Richard Knott testified 
to the same. Sworn in court. 

John Searle, aged about twenty-four years, testified that 
all the fish that were killed in the ketch Adventure were 
delivered to Andrew Tucker's stage and made by the latter's 

t Autograph. 



1681] RECORDS AND FILES 196 

Mr. Nehemiah Willoughby, legatee of his deceased grand- 
mother, Mrs. Elizabeth Willoughby v. Capt. Laurance 
Hamond and Mrs. Margarett, his wife, relict and executrix 
of the will of Francis Willoughby, Esq., deceased. Debt. 
Withdrawn.* 

Maj. Thomas Savage and Mr. Samuell Apleton v. the 
widow Hauthorne and Ebenezer Hauthorne, her son. Verdict 
for plaintiff. Appealed to the next Court of Assistants. 
Ebenezer Hauthorne bound, with Seargt. Richard Haven and 
Daniell Hitchen, as sureties.f 



wife and his servant. All the fish that were brought ashore 
the past summer had been carried to Boston or elsewhere 
and sold by said Tucker's wife. There was none left of the 
said ketch's voyage except the last fare that was brought 
from Cape Sable, said Kitvill being one of the shoremen 
belonging to the fishing voyage. Sworn in court. 

June 1, 1681, fish delivered 11 1-2 quintals of merchantable 
fish for Mistor William Bron at 14s. per quintal; sold to 
Boston, 11 quintals of refuse cod, 5 of hadik and polik, one 
barel of iol; waid to John Martin, 1 quintal of hadik, to Mr. 
William Brown, 43 1-2 quintals of merchantable fish, to Mister 
Samuel Gardner, 8 quintals of refus cod, at 10s. per quintal; 
delivered to Tomos Giford, 6 1-2 quintals of merchantable 
fish, at lis. 9d. per quintal in money; sold to Boston, 2 barels 
of oil, at 27s. per barel; waid to Philip Englis, 16 quintals of 
middling cod fish, at lis. 9d. pr quintal upon account; sold 
to Boston won barel of ail; waid to John Lege aleven kentls 
of refus cod fish tin shilins a kentl. 

*Writ, dated Oct. 4, 1681, signed by Hilliard Veren,t for 
the court and town of Salem, and served by Henery Skerry, { 
marshal of Salem, by attachment of the farm belonging to the 
estate of Francis Willoughby, Esq., lying in Gloster, and in 
possession of Capt. Laurence Hammond and Mrs. Margaret, 
his wife. 

fWrit, dated Nov. 23, 1681, for using six or seven acres 
of land, usually called Blood's lot, bounded upon Gillow's 
land by Linn great bridge, signed by John Fuller,! for the 
court and town of Lyn, and served by John More,| constable 
of Lynn, by attachment of the now dwelling house of said 
Hathron. 

Copy of papers in a similar action in the General Court, 
made by Edward Rawson,J secretary. 

Copy of mortgage deed, dated Jan. 20, 1663, given by Jno. 
Paine of Boston to Samuell Appleton of Ipswich, etc. Wit: 

{Autograph. 



196 SALEM QUABTERLT COURT [NoV. 

Thomas Danforth, Joel Jacoomis, Caleb Cheseamuck and 
John Evens. I 

Copy of lease, dated Jan. 14, 1656, given by Edward (his 
mark) Hutchinson of Boston to Joseph Armitage of Lynn, 
14 or 15 acres known by the name of Blood's lot, belonging to 
the owners of the Iron works, for seven years from May 1, 
1654, for which he was to pay 50s. in corn per year; he was 
to buUd a stone wall from the upper end of the brook which 
divided Gillowayes lot and Blood's lot ''all along the highway 
so farr, as the said Blood's lot runnes towards the Iron works, 
untill it Come to the great River the wall to be a sufficient 
stone wall, for fence to the said Land of foure foote high at all 
places;" the wall was to be completed within three years so 
that ''swine may not come in to Roote up the marshes." 
Wit: Thomas Savage and Elisha Hutchinson. Copy made 
by Edwd. Rawson,* secretary. 

Edward Tyng, sr., certified, at Boston, Oct. 16, 1679, that 
as creditor to Bex & Co., he sold all his interest to Mr. William 
Payne. Wit: John Barber. Copy made by Edwd. Rawson,* 
secretary. 

Deed, dated Feb. 27, 1671, given by Samuell Benettf of 
Rumly marsh, Boston, house carpenter, and wife Sarah, to 
John Hathorn of Lynn, husbandman, ten acres of meadow 
in Lynn bounded by the land of John Gilloway on the south, 
William Martin on the north, town common of Lynn on the 
east and by a river running to the Iron works on the west. 
Wit: Robart Potter* and Thomas Newhall.* Acknowledged, 
16 : 1 : 1676-7, before Wm. Hathorne,* assistant. Recorded 
in the records of Salem, book 6, folio 20, 21 : 7 : 1681, by 
Hilliard Veren,* recorder. 

Deed, dated Feb. 27, 1671, given by Samuell Benettf of 
Rumny marsh, Boston, house carpenter, and Sarah Benit,t 
his wife, for 251i., to Benjamin Muzzy and Hudson Leverett 
of Boston, ten acres of meadow and pasture in Linn, which 
was granted by the town of Linn to John Poole of Linn, hus- 
bandman, and he to Richard Bloud, said Bennett having 
secured it by bill of sale, bounded by the land of John Gallo- 
way southerly, land of William Martaine northerly, town com- 
mon easterly and a river running to the Iron works westerly. 
Wit: John Hathorne* and John Breaid.* Acknowledged, 
May 14, 1672, before Daniel Denison.* Benjamin Muzzy,* 
of Romly marsh on May 21, 1673, assigned this land to John 
Hathorne of Lyn. Wit: Samuel Stocker* and Benjamin 
Muzzy.* 

Agreement, dated July 2, 1681, of Samll. Appleton, jr.,t 

* Autograph. t Autograph and seal. 

{See ante, vol. VII, p. 26. This copy makes clear these names, which were 
difficult to decipher in the original. 



1681] RECORDS AND FILES 197 

Samuell Appleton, sr., and Thomas Savage, sr., relating to 
the final settlement of the land and housing of John Bex & 
Co., and from them recovered by Savage, at Hammersmith in 
Lyn: that the property be equally divided between Savage 
and the Appletons; that the Appletons quit claim all other 
property recovered from Bex & Co.; that each party join in 
suits, if either party be sued; that Samuel Apple ton, jr., 
divide the estate and Savage make choice of which half he 
will have, paying lOli. for the privilege, before Oct. 1, and 
until that time said Samuel was to have all the profits of the 
place, he paying to Savage 41i. in money and three barrels 
of cider; the cider was to be carried at Appleton's charge to 
the house of Wm. Hasie, jr., where Henry Green formerly 
lived. Wit: Dudley Bradstreet* and Hilliard Veren.* Ac- 
knowledged, 2:4: 1681, before Hilliard Veren,* cleric. 

John More, aged about thirty-three years, testified that 
sometime in 1680 he was hired by Ebenesar Hathron of Lyn 
to cut wood on this land and also to hoe corn, which he did. 
Owned in court. 

William Clements, aged about twenty-three years, testified 
that he worked upon Blood's lot with John More and saw 
Hathron working upon English corn upon that place. Owned 
in court. 

Saml. Appleton's bill of cost, 61i. 2s. 6d. 

Oliver Purchis, aged sixty-four years, testified that he 
came to the Iron works in 1655, at which time Blood's lot 
was in the tenure of Joseph Armitage, deceased, who had it 
by lease from Capt. Edward Hutchinson, deceased, agent 
for the then owners of the Iron works at Lyn. Deponent 
had the lease in his possession and collected the rent, Armi- 
tage's lease being for seven years from May, 1654. After 
that deponent still kept the lease as clerk for the owners and 
let the land out to those who carted for the Iron works, as 
Isaack Ramsdall of Lyn for one, improving it also for himself 
for pasture. Some few years after, Mr. Bennett told de- 
ponent it was his land and said he would pull down the fence, 
but he did nothing until after 1662. Meanwhile deponent 
talked with Richard Blood who told him that it was true that 
Mr. Bennett bought it of him, but it was .for Mr. Leader, who 
paid for it, and deponent enjoyed it without molestation. 
In 1664, Mr. John Hathorn of Lyn, deceased, came to de- 
ponent and asked to use the land for a pasture, which he 
did for one or two years, etc. Sworn, Sept. 26, 1681, before 
Bartho. Gedney,* assistant. 

Joseph Jenckes, aged about eighty-one years, testified that 
thirty-three years ago, when Mr. Leader came first to the works, 
he desired to buy land. Leader being a monied man would 

* Autograph. 



198 8ALEM QUABTERLT COURT [NoV. 

not buy it himself lest men would make him pay too dear, 
therefore he employed Samuell Bennett to buy it for himself 
and deliver it to Leader, who thought Blood's lot was too 
dear and refused to take it and charged Bennett debtor for 
the money which was three score pounds. When Leader 
first came, Bennett lived in the farm house and Leader had 
six oxen and Bennett many more, and Leader having no 
pasture was allowed to pasture his cattle in Blood's lot, which 
he continued to do after Bennett lived at Waker's plain. 
When Mr. Jefard came, they being loving friends, Bennett 
gave him the same privilege. Sworn, Sept. 17, 1681, before 
Bartho. Gedny,* assistant. 

Daniell Salmon, aged about seventy-one years, testified 
that about thirty years ago, living at the Iron works in Lynne 
in Mr. Leeder's days, Bennett owned this land all the eight 
or nine years that he lived there. Sworn, Sept. 6, 1681, before 
Bartho. Gedney,* assistant. 

Allexander Duggles, aged fifty-one years, testified that 
he was sent a servant to Mr. Jeffards, agent to the Iron works 
company, Mr. Bex & Co., and this lot was used by said Jeffards 
from before 1650 until 1653, when it was taken by execution 
and delivered to Capt. Savage and Mr. Hutchinson. From 
1653 to 1662, the land was used by the owners of the Iron 
works of Lyn. Sworn, 26 : 7 : 1681, before Bartho. Gedney,* 
assistant. 

John Blano, aged fifty-one years, deposed that in 1650 he 
was clerk to Mr. John Jiffards, etc. Sworn, Scjpt. 26, 1681, 
before Bartho. Gedney,* assistant. 

John Floyd testified that thirty-three years ago, etc. Sworn 
in court. 

Thomas Tower, aged fifty years, testified that over thirty 
years ago, etc. Sworn, Sept. 26, 1681, before William Browne,* 
assistant. 

John Blany, aged about fifty-one years, testified that he 
was clerk for the Iron works company in 1653 and Marshals 
Wait and Mellins and Ensign Fuller by execution "Brock of 
the dwelling house" of the Iron works and delivered houses, 
lands and servants to Mr. Edward Huchison and Major 
Thomas Savage, etc. Sworn in court. 

Sarah Hathorne's bill of cost, 21i. 6d. 

John Giffard* testified that when he was agent for Mr. 
John Becx & Co., at the old Iron works, etc. Sworn, 23 : 
7 : 1681, before Tho. Brattle,* commissioner. 

George Darling, aged sixty-six years, testified that Blood's 
lot in Lynn adjoining Gillawayes lot next the great bridge 
by Capt. Marshall's, etc. He further testified to the owner- 

* Autograph. 



1681] RECORDS AND FILES 199 

ship from 1653 to 1661, when he left the works. Sworn, 
Sept. 26, 1681, before Bartho. Gedney,* assistant. 

Thomas Belle, aged about fifty years, testified that about 
thirty years ago he lived at the Iron works in Lynne and 
Samuel! Benett employed him to cart for him, telling him 
to put his working oxen into this lot, etc. Sworn, Sept. 6, 
1681, before Bartho. Gedney,* assistant. 

Clement Coldrum, aged about fifty-seven years, testified 
that Mr. Leader hired him and two other men to mow all 
the grass on both sides of the river at the Iron works, but 
said he had nothing to do with Blood's lot. Sworn in court. 

Edward Richards, aged about sixty-five years, testified 
that thirty-five years ago, Mr. Leader told him, etc. Sworn 
in court. 

Thaddeus Riddan, aged about fifty-six years, testified that 
while he lived at Mr. Leader's house, etc. Sworn in court. 

Thomas Newall, jr., aged about twenty-seven years, and 
Ebenezer Hills, aged about twenty-three years, testified that 
this last November they were at the now dwelling house of 
the widow Hathorn of Lynn, when Samll. Appleton, jr., 
legally demanded the land, etc. Sworn in court. 

Copy of will of William Paine of Boston, dated Oct. 2, 
1660, and allowed at a county court at Boston, Nov. 14, 1660, 
upon oath of Mr. John Mayo, Christopher Clarke and Wm. 
Howard, the Governor, Maj. Atherton and Mr. Russell being 
present: to Hannah, his wife, 2001i., also his dwelling house in 
Boston, his mill at Watertown and all his household stuff for the 
term of her life; to his three grandchildren, children of his 
daughter Hannah Appleton, deceased, l,5001i., to Hannah, 
60011., to Samuel, 5001i. and to Judeth, 40011., and if any 
of them died without issue, the others to have that portion, 
and if all died, the whole amount to go to his son John Paine, 
such legacies to be paid at age or marriage; to his grand- 
daughter Hannah Appleton, all the household stuff in the 
hall chamber after his wife's decease, the other grandchildren 
to have all the other household stuff after his mfe's decease; 
to the children of Simon Eyres, deceased, Benjamen, Mary, 
Rebekah, Christian, Ann and Dorothy, 51i. each, and to 
Simon, son of Simon Eyres, jr., deceased, 51i. at age; to his 
sister Page, 31i. per year for life, and to his kinsman John 
Page, 51i. which is now in his hands, and to the other children 
of his sister Page, Samuel, Elizabeth, Mary and Pheebe, 
51i. each; to the children of his sister Hamment, John, Eliza- 
beth and Hannah, 51i. each and to his kinswoman Elizabeth 
House, daughter of Samuel and Elizabeth House, lOli.; to 
the two daughters of his cousin John Tall, 40s. each at age; to 
his son-in-law Samuel Appleton, lOli., to William Howard, 

* Autograph. 



200 SALEM QUARTERLY COURT [NoV. 

151i., and to Jeremiah Belcher, 40s.; to Mr. Anthony Stod- 
dard, lOli., Mr. Christopher Clarke, lOli.; to Mr. Joseph 
Tainter, lOli., and Mr. Oliver Purchase, lOli.; to Mary Ingion, 
40s. annually for life; to the free school of Ipswich forever, 
the little neck of land at Ipswich commonly called Jeffery's 
neck, not to be sold nor wasted; to the CoUidge at Cambridge, 
201i. to be paid to the Worshipful Mr. Thomas Davenport 
of Cambridge and to remain in the hands of the committee 
and president of the coUidge "as a stock forever;" to his 
reverend friends Mr. Norton and Mr. Wilson, pastor and 
teacher of the church of Boston, 40s. each, and 40s. each to 
Mr. Sherman pastor of the church at Watertowne, Mr. Browne, 
pastor of the church at Sudbury, Mr. Cobbet, pastor of the 
church at Ipswich, Mr. Fiske, pastor of the church at Chems- 
ford, Mr. Phillips, teacher of the church at Rowley, Mr. 
Mayho, pastor of the new church at Boston, all legacies to 
be paid within one year after his decease; all the rest to 
his son John Paine, but if his son deceased without issue, the 
house and lands at Ipswich were to be given to the children 
of his daughter Hannah Appleton, deceased, Hannah, Judeth 
and Samuel, and 30011. were to be given the children of his 
sister Page and SOOli. to the children of his sister Hamment; 
should his wife decease first, the children of Simon Eyres, sr., 
deceased, should have 51i. each added to their legacies and 
his two sister's children the same; he requested Mr. Oliver 
Purchase to be helpful to his son John concerning the Iron 
works, "whose abillity & faithfuUness have had experience 
of, vnto whose Care I do Comitt the said accounts"; John 
Paine, his son, Samuell Appleton, his son-in-law, and Mr. 
Anthony Stoddard, executors; Mr. Christopher Clarke, 
Mr. Joseph Tainter and Mr. OUiver Purchase, overseers; 
if the overseers and executors jointly should see just cause 
for some pious use and necessary work, to take lOOli. out 
of his estate; to Doctor Clarke, 51i. and 51i. to Capt. Thomas 
Clark's company to buy them colors. Mr. Samuel Appleton 
appeared before the court and declared that on account of 
living remote and his inability to manage such a trust he 
renounced his executorship, and Mr. Anthony Stoddard on 
request of Mr. John Paine was appointed in his place. Copy 
made by Isa. Addington,* cleric. 

Copy of the inventoryf of William Paine made by Isa. 
Addington,* cleric. 

Copy of inventory of such goods as belonged to the under- 
takers of the Iron works, appraised, Nov. 4, 1653 by William 
(his mark) Wood, Thaddeus Riddan and George Halsall: 
at Lynn, 27 plates at the two finneries and at the chaffery, 
2101i. at lOli. p tunne, 251i.; 11 pr. of tonngs, 2 C. 2 qr., at 

* Autograph. fSee cmte, vol. II, p. 271. 



1681] RECORDS AND FILES 201 

28s. p C| 31i. 10s.; 8 Ringers and furgins, 1 C. 1 qr. 121i. at 
21s. p., lli. 8s. 7d.; 3 qu — at 20d p peece, 5s.; 1 Hammer, 

1 Anvill & a Hurst, 61i.; 14 old Hammers, 6 old Anvills, 
251i. 17s. ; one bloome Cart, 10s. ; 9 plates about the forge 
blower, wt. 16 C. 1 qr., at lOli. per tunn, 81i. 2s. 6d., 3 C. 
of halfe Bloomes at 15s. p C, 21i. 5s.; 2 Gudgions wt. 1 C. 

2 qr. 31i., at 20s. p., lli. 10s. 7d.; Barr Iron, 6 C. 1 qr., 61i. 
16s. 7d.; 36 Anchors, wt. 201i. at 15 p C, 151i.; one loope, 
wt. 381i., 4s. 9d.; 3 Tunn of broken Cast Iron and sow tailes 
at 41i. 10s. p tun, 131i. 10s.; 5 C. of old Iron at 10s. p tun, 
21i. 10s.; 28 Hearth stones, 401i.; The Iron house, 61i.; 25 C. 
of old Iron at 10s., p C, 121i. 10s.; Old Andirons & smale 
peices of old & new Iron, 19 C. at 14s. p C, 131i. 6s.; 300 of 
old Hoopes & bellow Irons, 41i. 10s. ; 2 1 C. 3 qr. 61i. of Cast 
weights not fitted, 121i. 18s. 9d.; 43 C. 3 qr. 211i., Cast scrap 
Iron, lOli. 19s. 4d.; 3 plates, wt. 10 C. 1 qr. 81i, at 10s., 
p C, 51i. Is. 7d.; 4 smiths Anvills wt. 6 Ct. at 14s. p Ct., 
41i. 4s.; 1 plate in the furnace, wt. 50 C. 1 qr. at 10s., 51i. 
Is. 7d.; 7 Hurts, wt. 9 C. at 10s., p Ct., 41i. 10s.; one broad 
axe, 3s. ; 4 Cross Cut sawes not fitted lli. ; 3 old broken bellow 
irons wt. 1 C, 12s.; 5 old Hurts wt. 6 C. 1 qr., lli. lis. 3d.; 
4 C. 2 qrts. of bellow Irons at 30s., p, 61i. 15s.; 5 Ringers, 
wt. 1 C. 2 qr. 161i., at 20s. p, lli. 12s. lOd.; to streakes for 
wheeles, wt. 1 C. 211i., lli. 3s. 9d.; 1 vise, 15, 2 for bord Ham- 
mers at 3s. p peece, lli. Is.; 2 hand hammers at 18d. p peece, 
3s.; 4 pr. of tonngs at 18d. p peece, 6s.; 3 files at 8d. p peece, 
2s.; 3 C. 1 qr. of scrapps at lOs. p C, lli. 12s. 6d.; the dwelling 
house that Mr. Giflford lives in wth the washhouse & Appur- 
tenances, 801i., The farme house & Barne <t the new Cowhouse 
with the farme purchased of Thomas Dexter both upland & 
meadow, with the fences, 3801i.; the stable, 61i.; The long 
house with 4 tenements, 201i.; A new peece of timber for a 
hammer beame, 61i.; the Smiths shop and the great barn, 
351i.; Thomas Wiggins house, 21i.; Jno. Frances house, 71i.; 
Jno. Divans house, 31i.; Thomas Look's house, 81i.; Nicho. 
Pinnions house, 121i.; Richd. Hoods house, 51i.; Francis 
Perryes house, 61i. lOs.; Wm. Tingles house, lOli.; The 
Cole house, 151i.; 33 C. 1 qrt. 141i. scrapps at ye furnace 
bridg, 21i.; 8 Cart Rings for laches wt. 7 C. 31i.,lli. 16s. Id.; 
one Broken mine plate wt. 5 C. at 6s. p C, lli. lOs.; one old 
salt pan, wt. 12 C. at 6s. p C, 31i. 12s.; one long table & a 
short table & a bed sted in Mr. Giffords house, lli. 15s., and 

3 Iron plates in the house, 31i.; 21 loads of hay in the barns 
at lOs., lOli. 10s.; 2 pr. of Iron bound wheeles at 41i. 81i.; 
3 tumbrells at 9s., lli. 7s.; 126 C. of Rock mine at 6s. p., 
371i. 16s.; 550 tunns of bog mine at 7s. 6d., p., 2061i. 5s.; 
If after weyhing it prooves more to allow if it proove lesse 
then 550 tunns to abate for what it wants; The forge and 



202 SALEM QUARTERLY COURT [NoV. 

furnace dam & water Courses, Flood gates, trowes, Hutches, 
shafts & wheeles, 3 paire of bellows for ye furnace, blocks, 
etc., l,0001i., several lots of land that were bought for the 
use of the works, some Joynes to the furnace, Richd. Lords 
lot, John Hulins, Wm. Woods, Rich. Hudes, Jno. Ramsalls, 
Wm. Hedges, Mr. Knoules, Mr. Laighting, Adam Haukes, 
801i.; 900 load of Coales at 14s., 6301i.; A beam & scales 
and a sett of Iron weights of 5 C., 71i.; the Colliers house, 
13s. 4d.; Jno. Flood an Anglish boy for 6 yeeres, 131i.; one 
wier scive, 10s.; Jno. Addams, an English boy for 4 yeares, 
81i., 7 Coale waynes broken & whole, lOli.; 526 load of wood 
at 5s. 2d. p Cord, 571i. 2 l-2d.; 35 Scotts, as followeth, George 
Tompson, Andrew Tompson, James Dunsmoore, Alex. Bra- 
bant, Jno. Mason, Alex. Burges, James Daniells, Alex. Grimes, 
Jno. Mackcall, Alex Evins, Jno. Clarke, Jno. Archbell, Jno. 
Macshan, Alex. Dugle, William Jourdars, James Taylor, 
Thomas Gualter, James Thomson, Jno. Banck, John Pur- 
dee, William Mackwater, Peeter Grant, Georg Darling, James 
Laddie, James Addams, Micham Macculan, Jno. Toish, 
Micam Dourey, Robt. Minns, John Rupton, Thomas Kelton, 
Engram Moody, Tho. Tower, James Hourden, Jno. Steward, 
all valued at 3501i.; 14 bastard muskett, 11 paire of Bande- 
leeres & 9 Swords, 141i. 6s.; one halbard, 8s.; 41i. of pouder 
& 51i. of match, 10s. 6d.; 4 C. of bellow nailes, 10s.; 60 
old bellow nailes, Is. 6d.; 401i. of ocum at 9d., lOs.; 64li. of 
spykes at 6d., per li., Hi. 12s.; two tackle blocketts. Hi.; 
4 Gall, of tarr, 4s.; the body of a Cart and ladders, 10s.; 

2 Iron Pins, 3 chaynes, one Clevis & pins, all wt. 701i. at 6d. 
p., Hi. 15s.; one chimney back, 6s. 6d. 

At Braintry: 6 Tunn of Cast Iron at 61i. per tunn, 361i; 
10 C. of barr Iron at 20s. p C, lOli.; 6 C. of Anthonyes at 
15s. p C, 41i. 10s.; 2 C. of bloomes at 128. p C, Hi. 4s.; 

1 3-4 C. of Anker Shanks, Hi. 15s.; 5 old Anvills, wt. 25 C. 
61i. 178. 6d.; 8 Hammers wt. 35 C. at 5s. 6d. p., 91i. 12s. 6d;, 

3 Hurts wt. 3 C. 3 qrt. at 5s., Hi. 7d.; 15 plates at the Finnery 
& Chaffery & on the flower, 2 of them in the house, all weigh- 
ing 20 C, lOli.; 7 pr. of tongs, wt. 1 C. 41i., Hi. 9s.; 1 C of 
old Hoops & other Iron, Hi. 8s.; 1 sledge and hand hammer, 
5s.; 2 C. 1 qr. 41i. of old Iron at 10s. p C, Hi. 2s. lOd.; one 
Smiths Anvil, 1 C. 2 qrs.. Hi. Is.; one Loope hammer, 6d.; 

2 new Gudgins, wt. 1 C. 1 qr., Hi. 5s.; one new chafifery shovell, 
3s. 6d.; 5 Ringes & foTgnny & 5 Clams 1 C. 1 qrt.. Hi. 6s. 
3d.; A beame & scales. Hi. 15s.; one Cast halfe hundred 
weight, 7s.; one lead half hundred weight & 181i. lead wts., 
13s.; one Grindstone & wrench, 12s.; two Coale weines, 31i.; 
two wheelebarrowes, one without a wheel, 5s.; one Iron 
Coale Rake & a woodden Rake, 3s. 6d.; 2 peeces of square 
timber, 10s.; 91 Foote of planck, 7s.; one house, 30 foott 



1681] RECORDS AND FILES 203 

John Daye v. Roger Marke. Debt. Nonsuited.* 
Edward Beachum and Elizabeth, his wife, formerly wife 
of Joseph Medcalfe, deceased, and executrix of said Joseph's 
estate v. Edward Nealand. Nonsuited, there being a defect 
in the process by not inserting where the land lay.f 

long & 18 foot wide, 251i.; a litle house, 21i. 10s.; 350 loads 
of Coales at 13s., 1971i. 10s.; the forge dam, water course, 
pond, flood gates, trowes & all other things belonging to the 
forge, 2911i.; the Iron house, 31i.; Brantreg land, Tayres lot, 
1 acre, 17 rods, 21i. 15s.; Pennes lott, 78 acres, 171i. 17s. 6d.; 
old Ruggles lotts, 20 acres, 31i.; young Ruggles lott, 30 acres, 
41i. 10s.; Martin Saunders lot, 29 acres, 71i. 58.; Good. New- 
combes, 18 acres, 41i. lOs. ; Jno. French, 60 & odd, Hi. ; Chap- 
man, 1 acre, 21i. 17s. 6d.; Levitts house lott, 41 Rods, Hi.; 
Widdow Hunns lott, 20 acres, 51i.; one timber chaine, wt. 
301i. at 6d. p li., 15s.; total, 3,9611i. 5s. 6d. Copy made by 
Edward Rawson,| secretary. 

Copy of agreement, dated Feb. 10, 1657, between Jacob 
Sheaf e and William Paine of Boston, merchant; whereas 
at Boston court Sept. 14 and 15, 1653, several creditors 
recovered judgment against the estate of Mr. John Bex & 
Co., undertakers of the Iron works in New England, for 
3,6581i. 13s. 4d., Mr. Jacob Sheafe's bill of 1381i., being allowed 
by Capt. Robt. Bridges, Mr. Joshua Foote and Mr. Henry 
Webb, commissioners and attorneys for the company, said 
Sheaf e assigned all his interest in the Iron works to said Paine; 
Paine agreed further to pay one-half of what Capt. John 
Leverett shall have sold the Iron work for, over above three- 
score and four pounds, to said Sheaf e, etc. Wit: William 
Paddy and William Osborne. Copy made by Isa. Addington, J 
cleric. 

*Writ: John Day of Gloster y. Roger Marks; debt; dated 
Oct. 4, 1681; signed by Dudley Bradstreet,{ for the court 
and town of Andover; and served by George Abbott, J con- 
stable of Andover, by attachment of twenty acres of land 
belonging to defendant. 

tWrit, dated 25 : 9 : 1681, for keeping possession of Met- 
calfe's land, signed by Hilliard Veren,J for the court and 
town of Salem, and served by Robert Lord, J marshal, by 
attachment of forty acres of defendant's land, which was 
sometime Comings' land. 

Defendant's bill of cost. Hi. 4s. 8d. 

Copy of the record a similar action, 26 : 4 : 1666, in Salem 
court, made by Hilliard Veren,J cleric. 

I Autograph. 



204 SALEM QUARTERLY COURT [NoV. 

Mr. Nehemiah Willoughby, executor of the will of William 
Willowby, his brother, deceased v. Capt. Laurance Hamond 
and Mrs. Margerett, his wife, relict and executrix of the 
will of Francis Willoughby, Esq., deceased. For not paying 
said William's legacy which was left by his father. With- 
drawn.* 

Mr. Nehemiah Willowby, son of Francis Willowby, Esq. 
V. Capt. Laurance Hamond and Mrs. Margerett, his wife, 
relict and executrix of the will of Francis Willowby, Esq. 

Withdrawn.! 

John Procter v. Leift. Enoch Greeneliflf. Debt. With- 
drawn.J 

George Lowry v. Nicholas Chatwell. John How appeared 
for the plaintifif. Verdict for plaintifif, the debt to be paid 
partly in clothing. § 

♦Writ, dated 21 :« : 1681, for the estate left to William 
Willoughby by the will of his father and also by the will of 
his deceased grandmother, Mrs. Elizabeth Willoughby, signed 
by Hilliard Veren,|| for the court and town of Salem, and 
served by Isack Foott,|| constable of Charlestown. 

tWrit, dated Oct. 4, 1681, signed by Hilliard Veren,|| for the 
court and town of Salem, and served by Henry Skerry, || 
marshal of Salem, by attachment of the farm, land and hous- 
ing of the estate of Frances Willoughby, Esq., in Gloster. 
Goodman Grigs, the tenant upon the land, owned Capt. 
Hamond to be his landlord, when the marshal served the 
summons, which he left at said Hamond's house. 

J Writ: John Procter of Salem v. Leutenant Enoch Green- 
lefe, sr., of Boston; debt in silver money; dated Nov. 21, 
1681; signed by Nat. Barnes, || for the court and town of 
Boston; and served by Returne Waite,|| marshal of Suffolk. 
Bond of Enoch Greenlef, jr.,|| and Enoch Greenlefe.|| 

Bond, dated July 31, 1680, given by Lieutenant Enoch 
Greenlef e^ of Boston, dyer, to John Procter of Salem, yeoman, 
for 181i. lOs. in silver money of New England, to be paid at 
the now inhabited house of said Procter in Salem, in payment 
for four oxen and twenty lambs, two oxen at 61i., two at 71i. 
lOs. and the twenty lambs at 51i. Wit: Thomas Very|| and 
Daniel Eaton. || 

§Writ, dated 22 :9 : 1681, signed by Hilliard Veren,|| for 
the court and town of Salem, and served by John Rogers, || 
constable of Salem, by attachment of some pewter and a 
table of defendant. 

Autograph. f Autograph and seal. 



1681] BECORDS AND FILES 205 

Gorg Lory's bill of cost, 21i. 2s. 6d. 

Indenture, dated Aug. 7, 1673, George Lowry, with the 
consent of his father and mother Richard Lee and Elizabeth 
Lee of Furmus, Newfoundland, bound himself as an apprentice 
to Nicholas Chatwillf of Salem, mariner, for five years, at 
the expiration of which time said Lowry was to have 61i. 
and three suits of clothing. Wit : Edward Leuise* and William 
BalkwelL* 

Daniell Rumball, aged more than four score years, deposed 
that he heard Goodman Chadwill say that he would carry 
Georg Loure to Vergine but rather than go there, he would 
live with deponent, so Chadwell sold him to deponent for a 
cow for five years. George was fain to hide away because 
he did not wish to go to Vergine, and an indenture was drawn 
up and signed. Sworn in court. 

William Curtis, sr., aged about forty or fifty years, deposed 
that Nickolas Chadwil sold Georg Lore to "my father Rum- 
bal," etc. Sworn in court. 

Daniell King,* Will. Swetland* and Edmond Bridges,* 
beii^g desired by George Lowry to judge what three suits of 
apparel were worth, reported on Nov. 25, 1681: to a hatt 
for Sabbath Dayes, 5s.; to a Coat, wascott & breeches & 
Drawers for Lords Dayes, 21i. 5s.; to shooes, shurts, Neck- 
cloths and Stockings, 15s.; to other two sutes for working 
dayes. Hi. 15s.; total, 51i. 

Petition of George (his mark) Lowry: ''Whareas this 
hounered Court hath cast my former M' Nicholas Chatwill 
the sume of seuen pounds ten shillings besides cost of court 
It is the desire of your poore petitioner George Lowry being 
uncapable to ackt for myselfe and that I my not be p'uidied 
by those who possibly may be two subtle for me and not 
knowinge what my necessity in time my Call for doe thare- 
fore desire this hounered court that It my be commited Into 
the hands of sume mans hand that is trusty whare I my haue 
it as I stand in need of it if you thinke it meet Into the hands 
of M' Edward Mowle or whom your houners shall think 
meet and it my be recorded and your poore Petitioner shall 
be thankfulL" 

Thomas Cloutman, aged about thirty-five years, testified 
that being at Newfoundland with Nicholas Chatwill he was 
at a house where there was an indenture made between said 
Chatwill and George Lowry but he saw no witnesses, neither 
did he see it signed. Further that Lowry came over in the same 
vessel with Chadwell as his servant. Sworn in court. 

John Rogers, aged about thirty-four years, testified he 
was at Goodman Rumbell's when an indenture was signed 

* Autograph. f Autograph and seal. 



206 SALEM QUARTERLY COURT [NoV. 

The Honrd. Majr. Daniell Denisson paid Mr. King 31i. 
10s. in money. The clerk paid at his house the marshal 31i. 
and in the court chamber 20s. more. 

Capt. John Price v. John Procter. Debt. Verdict for 
plaintiff.* 

Leift. John Higgenson v. Peeter Murrell. Debt. Ver- 
dict for plaintiff, t 

wherein Lowry bound himself to Chatwell, which indenture 
deponent kept until his time had expired. He then delivered 
it to Lowry. Sworn in court. 

♦Writ, dated 21 : 9 : 1681, signed by Hilliard Veren,t 
for the court and town of Salem, and served by Henery Skerry, J 
marshal, by attachment of a new chest of drawers, a table 
and a great brass kettle belonging to defendant. 

John Price^s bill of cost, Hi. 9s. 

Bond, dated Nov. 24, 1679, given by John Procter^ to 
Capt. John Price for 91i. in Indian corn at 3s. per bushel, 
wood at 8s. per cord and pork at 3d. per pound or malt at 
4s. per bushel, all for a like sum paid the town for said Procter. 
Wit: John HathorneJ and John Higginson, jr. J Owned in 
court. 

tWrit: John Higginson, jr. v. Petter Murrell; debt; 
dated Oct. 3, 1681; signed by Hilliard Veren,J for the court 
and town of Salem, and served by Gilbert Taply,t constable 
of Salem by attachment of fish brought in and landed by 
Joseph Hardy, jr., and company, which fish was shown to 
him by Sergeant Jno. Clifford, shoreman to said Hardy & Co. 

Petter Murell, Dr. to John Higginson: to the ballance of 
accompt Reckoned for 10 : 12 mo: 1679, 31i. 17s. 5d.; to 
William Eliot, 14s. 3d.; Mr. Samll. Gardner refused to pay 
2s. lOd.; 10:12:79, to 10 yd. bl linon, 16d. per. Twine, 
2s., haire buttons, 9d., 16s. Id.; 24 : 1 : 80, to 1 howe, lOd., 

2 1-8 yd. ane, 10s. 6d., tape, 6d., nedles, 2d., 12s. 8d.; 27 : 

3 : 80, to pins, 16d., 4 yd Serge, 4s. 6d. p, thread laces, 12d., 
Hi. 4d.; 4 yd. blu linon, 16d per, 1 yd. osmbe, 16d., thread, 
4d., 7s.; to Mary Elenwood, 10s., 1 pc. Tape, 22d., 1 pc. tape, 
15d., 13s. Id.; 8:4, to 341i. suger, 12s., thread, 16d., 1 doz. 
mack, hooks, 6d., 13s. lOd.; 5 : 5 : to 20 bb. Indian corne 
of Wm. Dodge, 3-4 yd Gotten 2s. 6d. per, 31i. Is. 10 l-2d.; 
to 1 yd. peniston, 3s. 4d., nedles, 3d., pins, 4d., 6 1-4 yd. ferit, 
6d. per, 7s. l-2d.; mony, 2s., pins, 14d., 18 1-2 yd. Genting, 
3s. per, 1 pc. filiting, 3s., 31i. Is. 8d.; 14 : 5, to colerd thread, 
lOd., 2 yd. peniston, 3s. p., 6s. lOd., 20 : 7 : to 1 pr. gloves, 
to Baths Gerle, 18d., Is. 6d.; 22 : 9 : 80, to pins, 8d., 1 1-16 

t Autograph. 



1681] RECORDS AND FILES 207 

Whereas Richard Kent complained that Heni^ Jaquis 
indirectly received cost in an action not prosecuted by him at 
an Ipswich court, when the action was withdrawn by consent 
of parties, court advised Jaquis to repay it or to appear at 
the next Ipswich court.* 

Leift. Enock Greenleife acknowledged judgment in silver 
money to John Procter. 

Josiah Elwell dying intestate, administration upon the 
estate was granted to John Cook and Mary his wife.f 

yd., say, 8s. per, cotten Ribin, 7 l-2d., 9s. 9 l-2d.; total, 
161i. 6s. 2 l-2d.; 6 : 5 : 80, Rec'd p 6 qn. mercht. fish at 30 
R per, 41i. 10s.; 28 :9 : 1681, per so much alowed me by 
Tho. Serle, 41i.; total, 81i. 10s. Sworn in court. 

Jno. Higginson's bill of cost, Hi. 2d. 

Joseph Hardy, jr., aged about twenty-six years, testified 
that Petter Murell was shipped by him for a whole share upon 
their fishing voyage in 1681, and Jno. Ormes, jr., testified 
to the same. Sworn, Nov. 25, 1681, before William Browne, J 
assistant. 

*Summons, dated Sept. 23, 1681, to witnesses, Anthony 
Somerby and Sergt. Nathaniell Clarke, signed by Anthony 
Somerby,J cleric for Newbury. 

Henry Jaquis' bill of cost, 4s. 

Bill of exceptions presented to court by Richard Kent of 
Newbury. 

Danll. Davison testified that n 1679 or 1680 at the Ipswich 
court in March his father, Mr. Richd. Kent, desired Major 
Robt. Pike and deponent to signify to Mr. Richd. Dole and 
Mr. Henery Jaques that if the latter parties would "let fall" 
the action, they would do so also. Mr. Dole agreed to it, 
but Henery Jaques was not there and deponent's side con- 
cluded that agreeing with Mr. Dole was sufficient, supposing 
that he would inform his partner, as any honest man would 
have done. Sworn in court. Robt. PikeJ testified to the 
same. 

Bill of cost of Henry Jaquis and Richard Dole, Hi. 10s. 

Henry Short deposed that being desired by his uncle Kent 
to speak with Dole and Jaques, the latter refused to let his 
action fall unless they could have it from Kent's own mouth 
or under his hand, and although deponent offered to give 
bond for lOOli., they still refused. 

tinventory of the estate of Josiah Elwell, which he left 
when he went to sea, appraised by the desire of his father 
and "the succeeder" of the said Elwell, at Gloucester Apr. 

t Autograph. 



208 SALEM QUABTERLY COURT [NoV. 

The will* and inventory of John Reeves, deceased, were 
proved and allowed. 

13, 1680, by William (his mark) Vinson, Peter Duncanf 
and William Ellegef: house and ground and cowe house, 
orchard and two acres of sault marsh in Starknought har- 
bour, soli.; featherbead, rugge, curtaine and beadsteede, 
51i.; childrens bead, ruggs and beadsteeds, 10s.; three Iron 
pots, one tramell, two pare pott hookes. Hi. lOs.; 9 pewter 
dishes, one wine quarte, 1 beeker, 1 gill pott. Hi.; one old 
warmeinge pann, 3s.; one chest, one box, small table and 
Joyne stoole, 10s.; musquet, 1 pare of bandaleeres, 1 pare 
of musquett buUett moulds, one cutlash, Hi. lOs.; one Cowe, 
31i.; three old barrells, 28.; one old Connoue, 2s.; one old 
ax, Is.; two old sieves. Is. 6d.; total, 431i. 9s. 6d. Proved 
in court, 29 : 9 : 1681, by Mary Cooke, formerly wife of Josiah 
Elwell. 

♦The will of John RevesJ of Salem, dated Oct. 1, 1677: "I 
giue unto my daughter Elizabeth Richards one acre of ground 
out of my homestead where upon her now dwelling house 
stands & thus to beginn with fower pole in ye fifront next to 
ye Street, taking in This fowr pole with y« breadth of the 
howse & ground shee hath alreadie in her possession, & So 
to runn Backward into my Lott with that breadth of fowr 
pole untill it make up a compleate Acre of ground, & this to 
be for y* propper use & benefitt of her & heires for euer law- 
fully borne of her body Item I giue unto her my said daughter 
II Elizabeth || my great Iron pott, my Little Iron Kettle, 
A greene Rugg & one paire of blankets with what shee hath 
alreadie had of me, and for These Things now mentioned in 
this Article my will & desire to my said daughter Elizabeth is. 
That at her decease Shee bequeath them to her daughter 
Elizabeth Item I giue to my Son William, y« one half of y* 
remainder of my house Lott, besides what I haue giuen my 
daughter Elizabeth, next to her ground, also I giue him half 
my upland & half my marsh in y« South field; & This I giue 
to him & his heires || of his body || foreuer, also I giue him 
a cow which he hath alreadie in his hand Item I giue to his 
daughter Elizabeth my biggest Iron kettle & Least Iron 
pott, also a green Rugg & a paire of blankets, & my fflocke 
bed y* part of my homsteed giuen him, is to beginn with 
y* front to y* great streete & so through my lott 

*'Item I giue unto my daughter Mary y« other half of my 
homesteed with my dwelling howse & out bowsing thereupon, 



also the other || half 
field, all this to her & 



of my upland & marsh in y* South- 
her II heires for euer legill mak of her 



t Autograph. t Autograph and seal. 



1681] RECORDS AND FILES 209 

body Item I giue to her || my said daughter || my greate 
brass Kettle y* Bed I Ly on and a pair of sheetes & a Rugg 
Item I giue unto her son John Kempthon my Bible And 
unto her Son Ephraim Kempthon I giue my mare Item I 
giue unto my Grand child John Reeves my horse colt Item 
ffor my Cart and wheeles and all sorts of plow Tackling & 
such like necessaries for husbandry work my mind and will 
is that it be left for y« use and benifitt of the three Brothers, 
That is my Son William Reeves Richard Richards & Ephraim 
Kempthon & theire heires, And that they each one respec- 
tiuely beare theire part for y* maintaineing and Keeping jr* 
Same in repaire, & so to be Kept for ye good and benefitt 
one of another as they shall haue occasion agreeing together 
about them Like Loueing Brothers And for what other things 
I shall Leave about howse belonging to my Estate not men- 
tioned in this my will, my mind & will is that it be equally 
divided between my Three children, That is to say, Eliza- 
beth Richards, William Reeves and Mary Kempthon or 
their Successors Also my mind and will is That in case 
it should please God I decease at a Tyme when my Son Kemp- 
thon or any under him may haue planted corne, or planted 
or Sowen any other Seed or grayne upon my ground, he may 
& shall as in good Reason, reap, gather & enjoy y^ Same. 
And also he shall haue ye grass & hay upon ye ground for 
that season in wch he may haue bestowed his Labor, my 
meaning is if he hath mowed ye grass upon ye ground, he 
shall with ye corne & other graine that he hath Laboured 
for, haue & take whoUey to himself & for his owne peculiar 
use, & So Likewise he shall haue for his owne propper use. 
all ve provizion of any kind whatsoeuer wch may be Left | 
in II my howse at my decease, only for my Two cowes callec 
Berry and Brindle, I giue & Bequeath y* cow Berry to my 
daughter Elizabeth & Brindle to my daughter Mary. And 
flfor my ffeoffees in Trust to See this my will performed in 
each particular, doe now nominate & would request my Loue- 
ing ffriends Thomas Rootes & Lieut Jno Pickring In Testi- 
mony whereof haue hereunto Sett my hand & Scale ye day 
& yeare abouesaid: haueing don nothing in this my will but 
upon mature & Serious considerations, good reasons moveing 
me to doe in each particuler as I haue don." Wit: Edward 
Flint* and Richard Croad.* 

Will of John Revest of Salem, dated May 10, 1681, and 
proved, 29:9:1681, in court: "Imprimis I give and be- 
queath unto my daughter Elizabeth Richards, and her son 
my grandchild John Richards & his heires after her decease 
the dwelling howse of myne w*^ she now lives in with y* Land 
^ch y« gi^id howse stands upon & so much more of my Land 

* Autograph. f Autograph and seal. 

14 



.210 8ALBM QUABTEBLT COUBT [NoV. 

from y^ streete front as shall in 3r* whole make up one half 
acre in my Lott backwards bordring upon y Land of Ben- 
jamin Geerish Towards Thomas Flints: beginning in breadth 
upon ye Street northerly so much in ffront as I giue by these 
presents unto my Son William Reeves it being one acre of Land 
in my home Lott & noe more wch my mind and will is that I giue 
and bequeath unto my Said Son William & Elizabeth my daughter 
to be equally parted between them: and ye Bounds of this 
acre of Land wch I give and will unto my said Sonn William 
& Elizabeth my daughter is at ye small cherry tree standing 
a little within ye fifence of my Son William now enclosed 
between that and his howse: ye said Tree standing neer 
to ye ffence towards ye Streete northerly: I say I will & be- 
queath unto my Said Son William this half acre of ground 
aforementioned bounded at ye said small cherry tree and 
So to runn along with ye Land I haue given to my daughter 
Elizabeth Richards backward into my Lott from ye ffront 
as aforesaid so much as shall make up an acre of Land be- 
tween them with what theire howses stands upon: That is 
one half acre apeece Item I give and bequeath unto my 
said Son William the one half of my upland in ye South ffield 
pertaining to Salem and also ye one half of my meadow in 
ye said South feild wch I bought of m' Phillip Cromwell 
A was heretofore M' Kennistones Item I give & bequeath 
unto my Said Son William a Horse and a cow wch he hath 
alreadie in his hands also a f&ogg Bed a Rugg & a Blankett 
A warming pann, a little wyer kettle a Table Board, Two 
chaires & a stone hammer 

''Item I give and bequeath to my daughter Elizabeth 
Richards a Heifer or young cow for so I am to be understood 
also I bequeath unto her my greate Iron pott: a green Rugg, 
a Blankett & a settle wch stands in my howse Item I give 
unto my Son Ephraim Eempton and Mary my daughter his 
wife my dwelling howse wch I now live in & the Land on 
wch y Said howse stands together with all y* remainder of 
my home lott in Salem. Excepting that acre of Land wch 
I have before given unto my Son William Reeves & Elizabeth 
my daughter: according to y* bounds of it unto y* small cherry 
within my Said Son Williams ffence as aforementioned & this 
I doe & have good reason & have a conscientious ty upon me 
for ye same in soe doeing in consideration of my main- 
tenance from my Said Son Eempton & his wife and theire 
tender care and greate paynes with me in ye Tyme of my 
sickness: Likewise I give and bequeath unto my Said Son 
Ephraim Kempton the half of my upland in ye Sowth field 
I meane that half part wch is next to Edward fflints Land, 
& was heretofore Daniel Baxters Item I give unto him my 
Said Son Ephraim ye one half of my meadow in y« Sowth 



1681] RECORDS AND FILES 211 

ffield wch I bought of M' Philip Cromwell Also I give unto 
my daughter Mary now wife unto ye Said Ephriam: my 
Brindle cow & her heifer wch is my peculiar gift unto hei 
& hers as shee may see cause to dispose of: not onely as in 
consideration of dowrey but upon consideration of her dutifuU 
care of me in y* Tyme of my health & also her extraordinary 
paynes with me in ye Tyme of my Sickness: Item I leave 
unto her my young ox to defray ye charge of my ffunerall 
Item I give and bequeath unto my Said Son Ephraim my 
Brass Kettle, my Iron Kettle & Iron pott; my fifeather bed 
and Bolster together with all ye rest of my moveables & 
unmoveables Goods & chatties both within doors & without 
quick & dead, & in ye possesion & custody of whomsoever: 
excepting what I haue before in this my last will given & 
disposed of also my will is that my Said Son Ephram shall 
not Sell alien or dispose of this my howse & lands hereby given 
him upon his removeall to any other place except upon good 
probabilitie of advantage for himself and ffamily & that 
he also before his removeall purchase and Secure for ye use 
and good of his wife and children an habitation & posession 
to y® answerable vallew of what he may best Sell ye howse 
and Lands here by these presents given him In witness whereof 
I haue hereunto Sett my hand and Scale ye day and yeare 
abovesaid and for my onely Executor I appoint & ordaine 
my Son Ephraim Kempton 

"ye will & desire of ye Testator John Reeves being farther 
manifested before us that when his grandchild John Richards 
shall come to enjoy ye howse & land Willed as abovesaid 
to his mother & unto him after her then he shall give unto 
his three sisters Elizabeth Joanna & Mary Thirty shillings 
a peece but in case he should not line to that tyme nor haue 
wife or heire to clayme his Intrest then ye said Howse & 
land shall || fall || to ye said three sisters & theire heires or 
assignes equally to be devided among them: also that what 
soever Ephraim Kempton hath now or shall plant or sow as 
for matter of corne or other grayne upon ye ground of myne 
aforesaid he y® said Ephraim or his assignes shall in ye season 
thereof likewise gather." Wit: Edward Flint* and Richard 
Croade.* 

John Voden and his wife testified *'that we heard Ephrehim 
Camten and his wife say that If Willyem Reeus had spock 
to his father when he caled him he had never altered his will." 

Inventory of the estate of John Reeves, taken Nov. 15, 
1681, by Edward Flint* and Richard Croade:* his howse 
& Land in Salem that is ye Land adjoyneing to ye howse 
being neer 3 1-2 acres, 1501i.; his upland in ye Sowthfield 

*Autograph. 



212 8ALBM QUARTERLY COURT [NoV. 

John Watson, complaining against Nathan Webster, con- 
being by estimation about 5 acres, lOli.; about three quarters 
of an acre of Salt marsh in ye said Southfield, lOii.; his 
cattle, an ox, 41i., 3 cows, 91i., a heifer, lli. 10s., 141i. 10s.; 
a mare and colt, lli. lOs.; his household goods in ye parler, 
a cubbard, lli. 10s., Trendle bedsteed & 2 matts, 5s., 5 Chaires, 
10s., A great Bible, 12s., some other small bookes, Is., 21i. 
18s.; in ye chamber, A Featherbed & Bolster, 31i. 10s., 2 green 
Ruggs being well worne, 21i., 2 paire of Blanketts, lli. 10s., 
his wearing Apparrell hatts, shoes & stockings, 51i., 4 yrds 
of pennistone having bin used, 10s., 121i. lOs.; a Table in ye 
said roome, 6s., Chest & a box, 10s., An old Ammunition 
sword, Bandeleer & snapsack, 5s., lli. 10s.; In ye kitchen, 
a greate Brass Kettle, lli. 10s., 2 Iron potts, lli. 5s., 2 Iron 
kettles & a warming pan, 15s., An old pewter platter, pewter 
Bole, a Tyn drupping pan, 3s., an old bedsteed, 10s., a settle, 
10s., Lynnen wheele & a churne, 4s., 9 Trayes, dishes & Trench- 
ers, 13s., 2 pitch Forks & a spade, 2s. 6d., 1 hake, 1 crooke 
& a gridiron, 4s., 3 axes & an adze, 6s., peece of a plow chayne, 
2s., paire of Fire Tongs, 2s. 6d., an old cross cutt saw. Is., 
plow Irons, 4s., 2 Iron wedges & other old Iron, 4s., An Auger, 
padlocke & a hammer, 2s., An old porringer, 6d., 3 Cask & 
other old Lumber, 8s., An oyle Jarr & a grindstone. Is. 6d., 
71i. 8s.; an old cart & wheeles & a wheelbarrow, 15s.; horse 
coUer & hames, paire of Trasses & an old cart rope, 2s.; A 
Flogg Bed, 12s.; due by Richard Priscerch to ye estate, 12s.; 
total, 2111i. 18s. The abovesaid is Debtor to Thomas Flint 
for rates, lis. 6d.; Mr Nehemiah Willoughby, Is. 2d.; David 
Phippen, 5s.; Mr. John Crumwell, 15s. 8d.; John Pickring, 
12s.; Philip Cromwell, 21i. 6s. 5 l-2d.; total, 41i. lis. 
9 l-2d. 

Petition of Willaum Revs,* only son of John Revs, deceased: 
''my honnord father made a diesposal of his estat of lands 
and moualls in wrighting and That of my fathers Volintary 
will and to all his childrens sattisfaction, but my sistar and 
brother in law lining in the house of my father and with him 
my father being very aged and acompanied with great wekenes 
of body and infurmitys of ould age Ephrm Kemton and his 
wife my brother and sistar hath procured by misinforming 
my father and insenced my father against me therby hath pro- 
cuored an altaration of my fathers estat contrary to my fathers 
volintary will as may apear under his hand and as to y* quan- 
tyty and quality he hath gaue my brother in law four tima 
soe much as I the eldest sonn and my eldest sistar hath by 
this last will: as thay cal it." 

• Autograph. 



I 
i 



1681] BECORDS AND FILES 213 

stable of Bradford, for abusing him when he came to his 
house to pay his rates, was ordered to pay costs.* 

* Warrant, dated Oct. 31, 1681, for the appearance of Nathan 
Webster and John Watson, signed by Daniel Denison.f 

Nathan Webstor'sf complaint, dated Oct. 31, 1681, to the 
honored Major General Daniel Denison, Esq.: 'Hhis present 
yeare 81 I being constable: for Bradford: I reseaued a war- 
ant from the county Tresurer M' Robbert Paine to gath' 
the county Rate w** accordingly in conuenient time I did 
indeuer the same: and I gaue the inhabitants of Bradford 
notisse upon a Tranig day to prouid theare Rate: redey 
against the boote came: the boote came the 17: of the 
p'sent moth and I specke to the boat men to reseaue the Rate 
abord one the 19 day: and on the 17 day: as sune as I had 
speck w*h the bote men: the same day early or late: I went 
and gaue them p'tickler notisse that the bote was com to 
cary the rate come: and I told them the must bring it aborde 
one the 19 day: and I also tould that I wold theare atend to 
reseaue it: and I did atend att the bote till it was darke and 
then went hom: when I came home theare was of the in- 
habitanc of Bradford: John Watson also John: and Thomas 
Hardy, Danil Teny, Richard Kimball, Samuel Stickne and 
Gershom Hesaldene an William Sauery: these psons fell 
to wording of it w*h me semed to be angory: saying must 
we waight upon you all night: I told them that I had bin 
waighting upon them according to apointment att the Boote 
all the after noone: they told me that I had nothing to doe 
to order them to carry thare corn abord: saying I must re- 
seaue it att my house I told them I cold not reseaue it heare: 
I had no whare to put it: but I had prouided caske a borde: 
to reseaue it: they said if I wold not empty theare come 
they wold fling it amongst the hoses I told them if they wold 
leave theare corne in theare sacks: I wold cary it abord for 
them: I told them I had no mesur I had caryed it abord: 
John Hardey replied to me that if he left his sack w*h the 
corne Ile.leaue my hart blood too: said Hardey: they agree 
to send Heseldine to borow a halfe boshell to mesur thare 
corne and fling it down: Haseldine went: and as he came 
w*h the mesur I locked the dore: what said they are we youre 
prisoners: that you lock us in: no said I you shall go hom 
and welcom if you will: then open the dore said watson: 
and let me goe out w*h I did prsently: then watson maid no 
hast out: but psently fell upon me in the entry got me downe 
and kept me downe brused my stomocke or brest I cald for 
help saying will you abuse me in my owne house but they 

t Autograph 



214 BALEM QUABTEBLY COUBT [NoV. 

Don of them was forward to com to help me till my wife brought 
a light then I got up then he forsed me backward into the 
house and layed hold of my staff to get it out of my hand but 
I kept my hold: and bad him stand of but he wold not stand 
of: or He lay the one but he still prest upon me: and so I 
struck him w*h the stafe: then they all went out of the house 
and wattson mesured sum come and flung it att the dore 
or by the dore: then I required John Watson and John Harde 
in his magestys name to tache the rate corne that ware theare: 
and cary it abord the bote and I se them paid: the both re- 
plied that they wold not obey me: nor non of my athoraty: 
I being as I humbly conseave abused and tow much afrunted 
by these persons: being upon the cuntrys saruice cold do no 
lesse then discharge my selfe by aquainting athoraty w*h 
the same not douting but I shall have audienc I shall remaine 
youre humble saruant to comand in ani sarvis of loue." 

Samuell Stickney, Richard Kimball, Will. Savery, Thomas 
Hardy, John Hardy, Daniell Tenny, all being above twenty 
years of age, testified that the constable was not at the place 
appointed so they went to his house, etc. John Watson asked 
to be let out after they were locked in because his wife had 
been nearly brought to bed and he might be needed, etc. 
Sworn, Nov. 3, 1681, before Daniel Denison.* 

Richard Hall testified that he was at work for Nathan 
Webster on Oct. 17, 1681 when Watson, Teny and Savery 
came after sunset with their corn for the county rate. De- 
ponent told them that he had gone down to the river to the 
place appointed to receive it, etc. Sworn, Nov. 8, 1681, before 
Daniel Denison.* 

Nathan Webster, constable, testified that they threw him 
down across a chair, and some said ''com we will go into 
the seler and Brack out the hed of a barill of sider and drink." 
Deponent took down his staff and commanded them to be 
silent and to behaue themselves like men or I would complain 
to a magistrate, etc. 

Danill Wickom, aged about forty years, and Caleb Hop- 
kinson, aged about thirty years, deposed that being in Major 
Denison's house at the hearing, etc. Webster owned that 
the time he struck Watson was after they came from seeking 
his sheep. Sworn by Wickam in court and by Hopkinson, 
Nov. 28, 1681, before Daniel Denison.* 

Susanna Adams and Elizabeth Symonds testified that 
they heard Thomas Hardy, sr., of Bradford say, in speaking 
of the rout at Nathan Webster's, that they rumaged his 
cupboard and knocked in his barrels of cider. "Did ye soe?" 
replied Susanna. He then repeated the words, and she re- 

* Autograph. 



1681] RECORDS AND FILES 215 

plied "You gave the man just occasion of provocation, and 
deserve to be presented." Sworn, Nov. 21, 1681, before 
Nath. Saltonstall,'*' assistant. 

Samuel Hassalton, aged about thirty-four years, testified 
that Watson's lip was cut by his tooth striking it when the 
constable hit him. Sworn, 27 : 9 : 1681, before N. Saltonstall,* 
assistant. 

Robertt Haselton, aged about twenty-three years, deposed 
that he heard John Watson pour his corn down at the con- 
stable's door. Sworn, Nov. 18, 1681, before N. Saltonstall,* 
assistant. 

Gershum Haselton, aged about eighteen years, testified 
that Watson tendered a bushel of old Indian corn, etc. Sworn, 
18 : 9 : 1681, before N. Saltonstall,* assistant. 

Shubaell Walker, aged about forty-two years, testified 
that Webster said he expected a boat from Salem to get the 
rate corn, which came to their side of the river, and he told 
them to put it on Mr. Godsoe's boat, which deponent did. 
He further deposed that it was an ordinary thing ever since 
he came there, which was in 1670, to put their county rate 
aboard a boat in Haverhill river upon their own cost. Sworn, 
26 : 9 : 1681, before N. Saltonstall,* assistant. 

William Godsoe, aged about thirty years, and Nathanill 
Pease, aged about forty-three years, jleposed that on Oct. 
17, 1681, the constable of Bradford agreed with him to carry 
the county rate to Salem. The inhabitants were attended 
by his skiff and Mr. Starling's boat to bring them and their 
corn on board and transport them back to the shore. The 
people brought it little by little and finally deponent asked 
Richard Kembal why they did not bring it in and he replied 
that they would not humor the constable so much, but that 
they did bring their rates to Griffing's house. Sworn, 2:9: 
1681, before B. Gidny,* assistant. 

Thomas Sticknee and Joseph Bally, aged about thirty- 
four years, deposed that they went to the burial of nurse 
Smith on Nov. 2, 1681, and there were but seven or eight 
men to carry the corpse to the grave, of whom John Watson 
was one. They had about a mile and a half to carry it and 
when they had gone about twenty poles, Nathan Webster, the 
constable, required a man in his Majesty's name to assist 
him and took him from the bier. They did not hear him give 
Watson any notice that he was going to his house but he 
went there and took a pair of fetters away with him. Sworn, 
18 : 9 : 1681, before N. Saltonstall,* assistant. 

Goodwife Hall, aged thirty-seven years, deposed that on 
Oct. 19, 1681, she saw several men go in toward the ferry 

* Autograph. 



216 8ALEM QUARTERLY COURT [NoV. 

A warrant having been issued from Hon. Maj. Danill Denison 
for Mr. Edward Woodman's appearance, personally or by his 
attorney, to answer a complaint against him brought by 
Mr. Francis Wainewright for illegally marrying Symond 
Wainwright and Sara Gilbert against the mind and without 
the consent of said Francis, court declared that said Wood- 
man's proceeding in marrying the aforesaid persons was 
illegal and unwarrantable, and advised and required him to 
forbear such practices in the future and ordered him not to 
join any persons in marraige until he received commission 
from the General Court.* 

half an hour after sunset, of whom Samuell Stickne was one. 
Sworn, Nov. 5, 1681, before Nath. Saltonstall,t assistant. 

John Griffing deposed that some came to the ferry place 
in Bradford, saying they were ordered to leave their corn 
there. Deponent told them that the boat lay near John 
Hesilltine's landing place near Haverhill shore. Sworn, Nov. 
26, 1681, before Nath. Saltonstall,t assistant. 

Jno. Williams testified to the same. Sworn, Nov. 28, 
1681, before N. Saltonstall,t assistant. 

The wife of Samuell Sticknee, aged about thirty-seven 
years, deposed that Webster said he might as well be hanged 
for striking Watson as for being a fool. Samuell Sticknee, 
jr., aged about eighteen years, deposed the same. Sworn, 
18 : 9 : 1681, before N. Saltonstall,t assistant. 

Mary Webster, aged about thirty-two years, deposed that, 
she asked Goodman Stickny to part the men and somebody 
heaved some corn down at the door. Sworn, Nov. 5, 1681, 
before Nath. Saltonstall,t assistant. 

Thomas Kimball, aged about seventeen years, and Richard 
Kimball, aged about twenty years, deposed that Webster 
came to their house and told their mother to leave the rate 
at the ferry place at John Griffing's, and that he had told 
Bradforth people to pay the same day, etc. Sworn, Nov. 
26, 1681, before Daniel Denison. t 

John Hardy and Daniell Tenny, aged about twenty years, 
testified. Sworn, Nov. 26, 1681, before Daniel Denison.t 

Nathan Webster's bill of cost, Hi. 15s. 3d. 

*Writ: Mr. Francis Wainwright v. Mr. Edward Woodman; 
for illegally marrying Simon Wainwright and Sarah Gilbert 
against the declared mind and without the knowledge or 
consent of plaintiff ;* dated Nov. 5, 1681; signed by Daniel 
Denison ;t and served by Joseph Pike,t constable of Newbery. 

t Autograph 



1681] BBCOBDS AND FILES 217 

Nathaniell Roper, John Pearce and Samuell Graves testified 
that they were with Simon Wainewright at Newberry at 
Mr. Woodman's house. The latter asked if Simon were 
published according to law and they said they saw his pub- 
lishment the last Lord's day upon the meeting house door 
and read it and it stood all day. He asked if it was put up 
by his father's order and they answered that they knew noth- 
ing to the contrary. 

Judgment of the court in this action. 

Rebeca Poore, aged about fifty years, and Judeth Danes, 
aged about twenty years, deposed that when he married 
them, Mr. Woodman asked Simon if he had his father's con- 
sent and he said he had, and if he thought there would be any 
question about it he would have brought the consent under 
his father's hand. The three men present said that Simon's 
father ordered the publishment. Then Mr. Woodman asked 
if the maid had the consent of her friends and the men replied 
that her mother was dead and her father had many years 
ago gone out of the country, so that there was no one who 
had the disposing of her. 

Sworn to by the witnesses, 22 : 9 : 1681, before Nath. 
Saltonstall,* assistant. 

Sworn to by the witnesses, and owned by Mr. Woodman,, 
22 : 9 : 1681, before Nath. Saltonstall,* assistant. 

Judeth Danes, aged about twenty years, testified. Sworn, 
22 : 9 : 1681, before Nath. Saltonstall,* assistant. 

Edward Woodman, sr., and Elisabeth Poore testified. 
Sworn by Elizabeth and affirmed by Woodman, 22 : 9 : 1681, 
before N. Saltonstall,* assistant. 

John Broun's daughter Elizabeth, who dwells at home 
with him at Ipsweg, testified. 

Mr. Woodman declared that the reason he did not ask 
Simon and his bride why they came to him to be married 
when they had magistrates in their own town was because he 
supposed that being court time, they were away from home. 
Sworn, 22 : 9 : 1681, before N. Saltonstall,* assistant. 

Letter of Edward Woodman, sr.,* dated Newbury, Nov. 22, 
1681, and addressed to "The worshipfuU mager generall 
denesen, this p'sent:" 

*'Much honored S' it is known to y'selfe that I ly under 
y warant to make my apearanc at Salem Court thes lins 
to y worship are to desire that I may be relest of that warant 
which I Conseu y'self and m' wainwright may doe my resons 
of my desir are ferst Conserning my marying of Simon wain- 
wright I haue sent you a coppy of the eudenc that is upon 
oth in the hands of the much honored magor Saltingstall 

* Autograph 



218 8ALBM QUARTEBLT COUBT [NoV. 

Whereas Edward Whitteere, son of Abraham Whitteere, 
had formerly administration granted him of his father's 
estate, and he having now gone out of the country and being 
creditably reported dead, without having administered fully, 
court granted administration of the estate to John Whitteere, 
his brother, who was ordered to bring in an inventory to the 
next Ipswich or Salem court. 

Billiard Veren and John Waters were joined with John 
Tompkins, administrators of the estate of John Tomkins, 
deceased, and Mary, the widow, was dismissed as administra- 
trix. The widow and several of the children petitioned for 
a settlement of the estate, an inventory of which estate was 
presented to the last court at Salem, amounting to 1301i. 
The widow was to have her thirds of the house and land during 
her life and John Tomkins, the son, to have 51i., also the 
five children of Hugh Joanes, whose wife Hanna, now de- 

with which he sems to be well satisfied with this adision to 
it that the why I ded not demand of Simon why he was not 
maryed at Ipswedg was that my fancy deseued mee that 
was the generall Court wicke and Concluded in my own brest 
that thay mest thayr sesone and put themselfs upon a Jory 
to newbery Conserning other ground of my proseding the 
Evedenc under oth may giue y worshep I hop satisafcksion 
to enter a descors any forther Conserning my power to mary 
which haue ben without question I thinke this twenty years 
or whether It was my duty to haue sued for a new Comesion 
euery year if thar be such a law expresly or inclusively I must 
confes my Ignorenc thar in nither haue any heigh or low 
minded me of such a thing the which if I had known but 
sospicsions of such a thinge I should not haue sued for such 
an unprofitabell Comision but haue quickly layd asid the 
worke which have Cost me many a bottle of sacke and liker 
when frends and aquaintanc haue ben Conserned in Case 
I was parsionale present with y* worshep I question not but 
I shuld giue you satisfecksion as that you might by the en- 
trust you haue in m' wainwright perswd him to withdraw his 
Complaint and for my owne part I still hearby asur y' wor- 
shep that henc forth I will not mary any what euer thay be 
but resiue what pour soe euer I haue into thayr hands that 
gaue what more may be said I shall refer to my frend tros- 
toram Coflfen whom I haue sent to y' worshep in my behalfe 
forther to debat the Case and to bring the result under y' 
worsheps hand if you pies soe fare to fauer mee." 



1681] RECORDS AND FILES 219 

ceased, was the daughter of John Tomkins, 20s. each. The 
remainder of the estate was to be equally divided among the 
seven children of deceased, Nathaniel, John, Sarah, Elizabeth, 
Mary, Deborah and Priscilla. 

Jonathan Gatchell being bound in 501i., with sureties^ 
John Gatchell, the father, and Joseph Gatchell, the brother, 
for his appearance at Ipswich court, to answer to a com- 
plaint made against him, and said Jonathan having made an 
escape and not appearing, the bond was declared forfeited. 
The sureties were ordered to pay 51i. in money and to pay 
to the selectmen of Marblehead or Ruth Williams, the nurse, 
4s. per week until the court take further order, toward 
the maintenance of the child.* 

*0n Aug. 5, 1681, Jonathan Gatchell was complained of 
by the selectmen of Marblehead on suspicion of being the 
father of the last child of Mary Williams, deceased, and he 
was bound to appear at the next Ipswich court, with Thomas 
Gatchell, as surety, who offered his house and land at Mar- 
blehead as security. Copy of the record made by B. Gedny,t 
assistant. 

Petition, dated Dec. 1, 1681, of Samll. Ward,t for the select- 
men of Marblehead: that the husband of Mary Williams dis- 
owned the child and the town had been threatened with the 
charge of the child, etc. 

Copy of a record of the Ipswich court, Sept. 28, 1681, in 
a similar action, made by Robert Lord,t cleric. 

Ellenoor Watts, aged about fifty years, testified that Jon- 
athan Gatchell came to her house and bought some cider, 
saying it was for his landlady, Mary Williams, and if she 
would nurse his landlady he would pay for it, and also main- 
tain the child. Gatchell said this in the hearing of her husband 
and Nicholas Pickett. Ruth Williams now has the child 
in her keeping, etc. Sworn, Aug. 6, 1681, before Moses 
Mavericke,t commissioner. 

Ruth Williams and Elizabeth Smith testified that they 
heard Gatchell say the child was his. Sworn, 26 : 7 : 1681, 
before Bartho. Gidney,t assistant. 

Bond, for appearance, dated Oct. 1, 1681, of Jonathan 
Gatchell,t with John Gatchell,t his father, and Joseph Gatch- 
ell, t as sureties. Wit: Robert Lord,t cler. and Robert Lord,t 
marshal. 

Jno. Roads, Sarah Roades and Mary Wood testified that 
Elizabeth Smith told them that Getchell asked her what 

t Autograph. 



220 SALEM QUABTEBLT COUBT [NoV. 

Salem and Marblehead, for not maintaining the bridge at 
Forest river, were dismissed, and advised to agree among them- 
selves.* 

victuals she invited him and his landlady to have and she 
replied it was samp. He said he went home with her through 
his father's meadow, etc. Elizabeth had given them milk 
and water one morning. Sworn, Sept. 6, 1681, before Bartho. 
Gidney,t assistant. 

Jno. and Sarah Roades testified that Gatchell being at 
their house, etc. Sworn, Sept. 6, 1681, before Bartho. Gid- 
ney,t assistant. 

*Copy of a record of Salem court, June 25, 1667, in a similar 
complaint, made by Hillyard Veren,t cleric. 

Petition, dated Dec. 1, 1681, of Moses Mavericke,t Samll. 
Ward,t Ambros Gall,t John Peach, sr.,t and John Waldron,t 
selectmen of Marblehead: "Whereas the defect of the Bridge 
in the Countrey highway over Forrest river in Salem Towne 
bounds is presented to this Court as we understand, and the 
Towne of Salem would excuse themselves by endeavouring 
to lay the greatest part of the charge of maintaining the 
Bridge on Marblehead by vertue of too ready a condescension 
in former years in us to bear their part of the charge att the 
first setting it up; These are therefore to informe your hon- 
ours that what what done by us, or ordered to be done, was 
when we had the benefit of the Coy-pond lands on this side 
of the river these lands being thien by your Committee and 
us judged a part of our Towneship & that the bounds of our 
Towne came to the midle of the river; which bounds might 
they have bin continued, we should have still looked on our 
selves obliged to have maintained what fell in our Towne- 
ship: But since in the year 1679 themselves taking liberty 
to interprett the words of theire owne grant, have taken 
the 8** Coy pond land from us, and sett us ouer about twenty 
poles distant from the sd Bridge. We doe humbly request 
your honours, that you would be pleased to take into con- 
sideration as the equity and justice of our case (this Bridge 
being no County bridge but a Towne bridge of their owne) 
so also the great ability of Salem to carry on their owne charge 
without helpe, and the poverty and disability of our place, 
and that you would be pleased either not to putt that burden 
on us to maintain a bridge and causeway no part whereof 
att all lyes in our Towneship, or else make it in our Towneship 
by granting us that Coy pond land which so long before we 
had enjoyed; Wee must leave the matter with yourselves, 
<;raving your releif, and have appointed and Impowred our 

t Autograph. 



1681] RECORDS AND FILES 22 1 

John Norman, administrator of the estate of his mother 
Arabella Norman, deceased, brought in an inventory amount- 
ing to 1041i. clear estate. Court ordered that said John 
Norman, the eldest son, should have a double portion, and 
the remainder was to be equally divided among the other 
children, Richard, Joseph, Liddea, Arabella and Martha. 

Mr. William Hirst came into court and made oath that he 
left a hogshead of molasses in Mr. Bowditches warehouse 
in the latter's lifetime, as his own goods, in storage. 

Mr. William Bowditch dying intestate, and administration 
upon his estate having been granted to Mr. Phillip Cromwell, 
who brought in an inventory,* court, upon being informed 
that the estate is insolvent, ordered that all creditors bring 
in their accounts to Leift. John Higginson and Mr. Jon. Ha- 
thorne, commissioners appointed to receive the claims, within 
a year, to have them allowed. 

trusty Freinds Capt. Sam*^ Ward and Ensigne John Legg 
to manage the sd case for us." 

♦Inventory of the estate of William Bowdish, taken Nov. 
12, 1681, by Edward Grovef and Nehemiah Willoughbyf: 
In the Brewhouse, in puter Fourty wayt and a paire of Large 
puter Candlestick wth Sockets to um, 21i. 10s.; A paire Large 
Bras candlestike, two oakeme spoones, two nurs candlestike, 
one Gridiron, a saspan, 13s. 2d.; one Iron pot and two paire 
pot hookes, 7s*; Two bras kitles qt about forty pound, 21i. 
10s.; one old bras scumer and one Iron spitt, 2s.; Two Iron 
hakes, fier shovell and a paire tongs and Iron hooke, 8s.; 
In the chamer over the bruhouse. Two trunks, ceder chest 
and a great cheare, lli. 2s.; A box of Drawers, round table 
and a warming pan, 19s.; Fetherbed, bolster, piller and 
a quilt and a paire curtins and vallens, 31i. 2s. 6d.; one hy 
bedsted, a trunell bed, Flockbed and a Red Kiverled, Hi.; 
Sixe old cheares and a Great Cheare, 7s. In the Closett, 
Eleven books called Rutherfords Letters, lli. 2s.; twenty 
books of Durham on the commandements, lli. 10s.; Five 
books of Mr. Rait against popery, 6s. 3d.; three books of 
William Colvill Works, 4s. 6d.; two books of George Dow- 
name Works, 2s. 6d.; one book of John Browne Workes, Is. 
6d.; one book of John Despagne Workes, Is.; two Bookes 
Meinlies against Dempster, 5s.; one large Latin bible, one 
Scretore, one cutlash & two Rapers, 21i. 6s.; In the Garett, 
Sixty five Burmodus baskets, one nest of old Drawers & old 

t Autograph. 



222 SALEM QUARTERLY COURT [NoV. 

Thomas Maule and his wife, presented for cruelly beating 
their maid servant, were dismissed.* 

sadle and a frying pan, 21i. lis. 4d.; a half sided bedsted 
and old fetherbed & bolster wth a Red Coverlid, pr. canvis 
sheets, a table wth a carpet in Wm's. Chamber, 21i. 7s. ; one 
old camlet coat, to pr. briches, one clos bodyed coat, old 
Caster hat, three musling neckclothes Last, and one lase 
carvat, three paire old hoUand sleaves, two old shurts, two 
old weskots, 21i. 8s.; one hhds. of mallases in a leanto neare 

the copper which Mr. Hurst dos lay claime two, ; one 

Maiden Sarvant, Hi. ; five barells of strong Beers and Fifteene 
barells of ship beare, one pr. bras scailes, 51i. 10s.; two hhds 
two Barrells moUasses about fifteene Bushells of mault all 
in ye seller & warehouse, 81i. 12s. 6d.; pcell of swine wereof 
ye 3 largest at 27s. & the 3 young shoates, 8s., Hi. 15s.; two 
old Horses and one old cart. Hi. 10s.; total, 441i. 13s. 3d. 
A pcell of children toyes, 2s. 6d.; two duzen 1-2 of old de- 
cayed gloves, 5s.; fivety eight French lines at 2s. pr. line, 
51i. 16s. ; Seven small bars of Lead and two halfe bars conten. 
one hundred & a halfe at 2s. pr.. Hi. 10s.; five thousand of 
scupper nailes, 12s. 6d.; thre plates & two dishes erthen, 
2s.; thre thousand of Lath nailes, 6s.; thre paire of small 
Irish yearne stockins, 2s. 6d. ; one paire of Learge old stilliards, 
18s.; a tackle hocke, pumpe hocke & two Iron bittle rings, 
6s.; one old slead that is broken, 3s.; one beame and scales 
at winter Hand, Hi. 10s. ; thirty dozen of whissells, 10s. ; twelve 
sett of cloake buttons, 12s.; small pcell of rusty nailes. Is.; 
psell of mens houckes and eyes. Is.; twenty pound of rossom, 
2s.; pcell of old Junke cont. about 200 weight in Mr. Pil- 
grins warehouse, 10s.; pcell of very old junke that lies upon 
the wharfe cont. about IC 1-2, 5s.; twenty eight pownd or 
theareabout of hopps, 7s.; aboute foure tunn of lime stones, 
Hi. 12s.; aboute two load of ceder Loggs, 16s.; five eights 
of a windmill at Marblehead, 201i.; total, 811i. 2s. 9d. one 
Ketch aboute twenty two tunns which is morgaged to Mr. 
Phillip Cromwell; one halfe Ketch aboute twenty two tunns 
which is morgaged to Mr. Phillip Cromwell, A ware house 
and Seller wth a leaneto to it and parte of the old wharfe which 
is morgaged to Mr. Phillip Cromwell. This inventory pre- 
sented at the Salem court Dec. 1, 1681 by Phillipp Cromwell. 
Wit: Thos. Gardner, jr.,t John Cromwell. t There are sev- 
erall Creditors to this estate by comon Fame which I know 
nothing of, being appointed administrator to sd. estate. 
Philip Cromwell.f 

♦Petition of Joane Suiflan, "a poore Irish servant woman, 

t Autograph. 



1681] RECORDS AND FILES 223 

DOW bound unto Thomas Mawie, who hath bin euer since 
I liued with him and unto this Tyme is a cruell master unto 
me poore Creature, brought from another country & here 
destitute of any Friend to keep me in this my misery wch 
I endure in this my servitude especially with my master who 
hath many Tymes unreasonably beate me with an unlawful 
weapon to strike a Christian withall wch weapon is by the 
english called a maunatee || or hors whip || & with this weapon 
my master Mawle hath some tymes stroke me at least 30 
or 40 blowes at a Tyme & that some tymes before my cloathes 
haue bin on about me. oh, honored Court, be pleased to 
consider of such an abuse to a poore creature. God knowes 
my life hath bin thereby endangered & haue after those violent 
& sharpe stripes, spitt blood for a fortnights tyme & verely 
thought my heart had bin broke & that I should haue died 
by his violent beating of me & doe still feare that if I am 
not taken away from this Cruell master he will kill me: your 
poore petitioner doth therefore most humbly beseech yo' 
honors to consider ye case of so poore a servant that shee 
may be released from so cruell & barberous a servitude & 
putt to some other where she may be more Christian like: 
dealt with all. 

"also my master Mawle hath compelled me to doe service 
worke on y« sabbath dayes to ye breaking of ye day wch hath 
bin a greate grief & trouble to me & I doe desire that I mav 
line in a more orderly Family." 

Joane Suifland, servant to Thomas Maule, testified that 
she had been compelled to knit and sew after she had come 
from meeting, and Maule frequently called Jonhnathan on 
Sabbath days to fetch the books. Then "hee writs in y™ 
and croseth in another & caules to Johnnathon to know what 
hee soald such a peese of Lase for and such a peece of Riben 
for or such & such things for & WTits in his Book & alsoe com- 
pels mee & Johnnathon to fech water to wash & to brew on 
Sabbath Dayes." He also made her water his garden and 
lay his grass plot on the last Fast day. 

Hannah Sibley deposed that she saw Joane as she came 
from Mr. Gedney's to make her complaint, and her face was 
bloody and swollen about as large as a child's fist. There 
was also a wound on her face, which she said her master did 
with his horse whip. 

John Flint, aged about twenty years, deposed that being 
in Thomas Mawle's shop, he heard a great cry in the house 
and looking in saw Naomi Mawle beating and thumping 
her Irish servant maid on the head in a very violent manner 
and also kicking her. She kicked her out of doors and told 
her that when her master came home, he would give her 
ten times as much. When Naomi came out into the shop, 



224 SALEM QUABTEBLT COURT [NoV. 

she said she had only struck her a light touch on the ear and 
now "shee is run roaring out in 3^** streete." 

Johnathan Flint, aged ' about sixteen years, being there 
at the same time and a servant in the house, testified to the 
same. He further testified that he had seen his master beat 
Joane unreasonably with a maunatee at least thirty or forty 
stripes. 

Charles Phillips, aged about nineteen years, testified to the 
beating and he also had seen Naomi weeding her garden on 
the Lord's day. 

Jonathan Flint, aged about sixteen years, deposed that 
Mawle frequently posted his books on Lord's days and com- 
pelled him and Joane SuUand to do servile work on Lord's 
days, as drawing water to brew the next day and to wash. 
Sworn in court. 

Frances Croade, aged about fifty years, deposed that on 
the next day after the beating, she and Sarah Cole asked 
Mawle why he beat his maid so cruelly and would not sell 
her away, and he answered because she was a good servant. 
A day or two after deponent and Lucretia Derby went to 
Mawle's with a man who would have bought the maid. She 
often complained to deponent that she was afraid of her life 
and often said if she should be killed deponent must be hanged 
for her because she did not complain to authority when asked 
by Joane. One time she came into the street with a big 
hole in her face where her master had beaten her and in pity 
deponent went along with her to Mr. Gedney, yet Mawle 
still continues to beat and kick her. ''he is knowne to be a 
greate lyar & a contentious person amongst his neighbors 
reviling & backbiting of them, once when he had so cruelly 
beate y^ said maid I spoke to him about it. sayes Thomas 
Mawle to me, I lockt y** doore for feare thou shouldest haue 
come in to disturb me. This I doe not giue in out of spite 
or revenge, let him be as bad as he is, but in conscience 
& pitty to a poore Creature so abused." She had also seen 
Naomi transplanting plants on the Lord's day and on the 
last Fast day saw her sewing as she sat at her door. 

Lucreatia Derby testified that when she brought a man 
to Maule to buy Joane, Maule said she was a good servant 
and they would sooner have her than deponent and asked 
deponent what she had to do with her. She answered that 
''shee was a Stranger & my fellow Creture, seeing her soe 
much wronged," and if she were able she would go to a magis- 
trate, but her present condition would not permit her. Mawle 
was a very disturbing person among his neighbors and im- 
ployed himself much in writing papers of lies. On a first day 
about three o'clock in the afternoon he came to deponent's 
house with a paper of lies or a libel and said his business was 



1681] BECOBDS AND ULES 225 

to read that paper there which deponent considered a pro- 
fanation of the day. 

Sarah Cole, aged about thirty-six years, testified that 
the shoulders of the Irish maid were all black and blue and 
she told deponent that it was a great deal worse down lower 
on her body. 

Thomas Deane and Jonathan Flint deposed. 

Prosilah Hoon, aged about thirty years, testified that 
having occasion to go often to Maule's house, she had never 
seen them abuse their servants and had always given them 
plenty of bread, butter, cheese, milk, beef, pork and other 
good things. Joane had used much provoking language and 
was a most wicked servant for inventing lies and repeating 
what her master and mistress said in their family. What 
had been testified against the Maules was from prejudice 
and malice. Sworn, Dec. 1, 1681, before Bartho. Gedney,* 
assistant. 

Abraham Brigges, aged about thirty years, testified that 
being at Maule's house when they were at dinner or supper 
they had very good victuals. After Maule and his wife 
had finished, the servants and children sat down to the same 
diet, etc. 

Bill of cost of Francis Nurse against Thomas Mawle, for 
breach of the Sabbath, 16s. 

Presilah Hoon, aged thirty years, testified that the Irish 
maid came crying to her and said that her master was selling 
her to his brother in Lin. Deponent told her it was a good 
place, but the maid replied she ''wanted for nothing hear 
and doe you thinck I can loue my misteris and her childdren 
and the hous soe long as I want nothing noe I will not goe 
though hee throst me out of the dore I will com in again.'* 
Sworn, Dec. 1, 1681, before Bartho. Gedney,* assistant. 

Sarah Linseay, aged about thirty years, testified that she 
asked the Irish maid about going to the public meeting and 
she replied that "it was a develish place for thay did not 
goe to mast and what suld she doe there for shee was resolued 
to stay out her time with her master and misteris and then 
goe whome to her one contry againe wher shee mit goe to 
mast." Sworn in court. 

Elezabeth Deene, aged about forty years, testified that she 
lived almost adjoining the Maules and had never heard nor 
seen any abuse of their servants. Sworn, Dec. 1, 1681, before 
Bartho. Gidney,* assistant. 

Joseph Home, constable, testified that he had a warrant 
from Magistrate Gidney to bring the Irish maid to him upon 
Maule's complaint that she had stollen money from his house, 

^Autograph. 



15 



I 

j 

226 SALEH QUARTEBLY COURT [NoV. , 

Tho. Maule, presented for profaning the Sabbath, was fined. | 

Andrew Tucker, presented for suffering disorder in his 

house, also for selling drink contrary to law, was j&ned.* 

Mary, wife of Andrew Tucker, for abusing Leonard Belringer, 

was j&ned.* 

he having found money in her keeping. She told the magis- 
trate that she brought forty shillings with her from her own 
country, and that somebody in the town kept it for her. It 
was New England money that Maule lost and the same coin 
was found in her possession. Mr. Gidney sent deponent with 
her to get the money and she took him to John Tonner's 
cellar, where she said she put it in the wall but it was not 
there. They returned to Mr. Gidney who asked her why she 
would lie so abominably and told her to tell the truth or she 
would suffer severely. Then she said Elizabeth Deen gave 
it to her, which Elizabeth denied, and finally upon sentence 
of whipping, the maid said she found the money in Maule's 
yard. Sworn in court. 

Thomas Maule's testimony concerning the character of the 
witnesses against him. Jonathan Flint was for a time his 
apprentice and he had delivered goods and taken money 
without giving any account, and had collected bills without 
returning the money. Richard Croad's house was almost 
adjoining Maule's. About a year ago he bought the Irish 
maid of John Tornor for 9d. in money. ''She could not speck 
one word of Inglesh as I can remember thred bare of cloning 
and of bad caredg in langedg soe far as I understood her 
in Irish whee haue all wayes prouided well for her and 
haue mad a indifarant shift with her though with much 
trubell which now a late understanding the ingles tong and 
as wee aprehend by euell counsell wee could not get her to 
doe any more or les then as shee plesed to doe it acording 
to her one way and time and in her words when we 
commanded her sperit is such as to call roge dorg gade 
carem deuell and two cry wee lied with much more abussed 
words," etc. 

Daniell Webb, aged thirty years, testified that Joan Shulavan 
struck her mistress, etc. 

*Bill of cost of John Searle, constable of Marblehead Neck, 
Hi. 2s. 

Rebecah Allen, aged about twenty-eight years, testified 
that being at Andrew Tucker's house three or four days after 
the difference between Tucker's wife and Bellringer, another 
man being present said to Bellringer that he heard that Good- 
wife Tucker had broken his head. Bellringer replied that 



1681] BECOBDB ANP FILES 227 

she had given him abuse but had not broken his head; Tho. 
Henloe, Goodman Pedrick's servant, broke it, and Tucker's 
wife and Bellringer forgave each other and became good 
friends. Robert Palmer, aged twenty years, testilGed. Sworn 
in court. 

Robert Palmer deposed that Leonard Bellringer came 
into Tucker's house about two months ago, when Tucker 
was away, and demanded of his wife half a pint of liquor. 
She told him that he did not need it for he had had drink 
enough already. Upon this Bellringer uttered a great many 
scurrilous words so that she ordered him out of the house. 
Ann Gilbert, aged twenty-two years, testified to the same. 
Sworn in court. 

Thomas Henley testified that he was present during the 
fray at William Vening's house and saw Meary, wife of An- 
drew Tucker, strike Belringer and deponent carried him out 
of doors. She came out and took him by the hair of his head 
and pulled him to the ground upon the stones that paved 
the yard, beating his head upon the stones until Anna Gilberd 
bade deponent take Bellringer away before her dame killed 
him. Sworn in court. 

Ann Gilbert testified that three months since several men 
came ashore after sun down on a Sabbath day to get water 
at Andrew Tucker's pump and they came into the house 
asking for a cup of drink, which they had. Meanwhile the 
tide overflowed their boat and they were forced to stay all 
night. Robert Palmer testified to the same. Sworn in court. 

Complaint of John Searle,* constable, living on Marble- 
head Neck, who upon being informed of this outrage could 
do no less than report so great disorder. 

William Vening, aged about thirty-two years, deposed 
that Linard Bellringer was in his house preparing to go to 
supper when Mary Tucker came in, etc. Jone, wife of de- 
ponent, deposed the same. Sworn in court. 

Jone Maning, aged about twenty-two years, testified that 
in defending himself Bellringer tore off a piece of the lace 
of Mary Tucker's cap. Sworn in court. 

Mary Searle, aged about twenty years, deposed that 
hearing the fray she ran out of her house and saw Mary Tucker 
pulling out Bellringer's hair and was about to put it in her 
pocket. Deponent told her that she was not acting like a 
Christian to pull a man's hair off, whereupon she flung the hair 
away. Sworn in court. 

Andrew Tucker of Marblehead was presented for excessive 
drinking in his house in the night, making great disturbance, 
throwing fire brands, etc. 

* Autograph. 



228 BALEM QUABTEBLT COURT [NOY. 

John Newhall was bound for Mary Hood's appearance 
for fornication at the next Ipswich court.* 

Samuell Hart was bound for the appearance of his daughter, 
Abigaile, for fornication, at the next Ipswich court, f 

John Pearce, presented for frequently absenting himself 
from the public ordinances, was fined. 

In answer to a petition of Will. Dodg for a division of a 
settlement of the estate of John Balch, deceased, alleging that 
there was some inequality in a former distribution by mis- 
information to the Ipswich court, court ordered all concern- 
ed to appear at the next Ipswich court. 

Mr. Harlackendine Symonds and Mr. Daniell Epps, ad- 
ministrators of the estate of Samuell Symonds, deceased, 
presented ah account of the debts and legacies, and the first 
and second inventories were ordered to be kept on file. J 

* Mary Hoode of Lynn, unmarried, was presented for having 
a child. 

t Abigail Hartt of Lynn, unmarried, was presented for 
having a child. 

Warrant, dated 20 : 9 : 16&1, addressed to the constables of 
Topsfeild and Lin, for the apprehending of Daniell Jencks, 
upon complaint of Samuell Hart, for being the father of his 
daughter Abigail's child, signed by Bartho. Gedney,§ assistant, 
and served by John Moor,§ constable of Lyn, who returned 
that on the second day after date, '^said Jynks was mett 
with upon the roade about a wading Riuer." 

Summons, dated 30 : 9 : 1681, for the appearance of Mary 
Hoode and Abigaile Hart, signed by Hilliard Veren,§ cleric, 
and served by Joseph Collins, § constable of Lyn, who re- 
turned that neither were well enough to appear. 

JPeter Duncan, aged about fifty years, deposed that about 
seven months after the death of the Worshipful Samuell 
Symonds, Esq., he demanded of Mr. Wm. Symonds, the execu- 
tor, the 81i. legacy due deponent's wife, but he refused to 
pay it. 

Daniel Epps, sr., deposed that he also asked Wm. Symonds 
to pay it to Duncan, but he refused. Sworn, 30 : 9 : 1680, 
at Salem court. 

Account rendered by the administrators, Daniell Epps§ 
and Har. Symonds§ Nov. 19, 1681, at Salem court: Dr., 
to our father's funll. expences, 31i. 9s. in money pd. at Boston; 
small debts and legacies pd. at Ipswich, 71i. 12s. 9d.; remained 

§ Autograph. 



1681] RECORDS AND FILES 229 

due to our mother, 2011.; to a horse lent my brother Samll. 
Symonds p my fathers orders, to ride to Boston, wch horse 
died at Winnesynment in yt Journey 16 or 17 yrs. agoe, 221i.; 
due Mr. Martyn p Legacie & Debt, lOSli.; to Danll. Epps, 
sr., 1081i.; to Mr. Jno. Emersin, 881i.; to Mr. Thomas Baker, 
581i.; to ye Farm Argilla being destitute of all kind of grain 
I Danll. Epps, sr., supplied the same wth puissions seed & 
corn ye first year & 3 loads of hay in all, 201i. 6s. 9d. ; to John 
Woodins service being an Apprentice, his clothing according 
to Covnt. & also 4 months & 2 weeks work, 231i. 10s.; nec- 
essary expences for carrying on affairs in pulsions & small 
Legacies to Rebek. Stacy & Debt to our Mother out of that 
wch. was the common stock amongst us, 321i. 2s. 10 l-2d.; 
to workmen yt I sd. Danll. Epes, sr., procured & payd for at 
Argilla y« last year; to 2 loads of hay p sd Epes to Argilla this 
year, lli. 10s.; to Mr. Duncan's legacy. Hi. due to him p 
will of Samll. Symonds, jr., and part of his 81i., 51i. 9s.; to Cau- 
tion money at Genii. Court in 79, 151i. 12s. 6d.; to Robert 
Lord for extending ye first execution, 21i.; to marshall Genii. 
John Green for extending last execution, 21i.; time sd. Epes 
spent about ordering affayres in Argilla & paying workmans 
wages these 2 last years, lOli.; to pulsions that sd. Epes sup- 
plied this year at Argilla, 211. 4s. lOd., to fencing, plowing, plant- 
ing, howlng, mowing, hay making & other work, 1111. Is. 
lid.; Interest of the Stock, Tackling & for plows, carts &c. 
& houshold goods for one year, 1211.; charges expended In 
money upon the prosecution of the case referring to Argilla 
occasioned by Mr. Wade since Oct., 1679, 33h. 4s. lOd.; more 
charges last court at Boston, 211. 19s.; to 117 days for myself 
and horse, 1111. 14s.; to my mother Symonds for her man's 
work she finding all things needed for him, 1611., and 5 bush, 
of wheat, 111. 5s., oats for her use, 208., 1811. 5s.; to Harla- 
klnd. Sym. for him & wife working up the farm one year 
in 1679-80 in order to ye pformance of our fath. will, 1611.; 
Msls. Symds, for her man's meat, drink, clothing & work 
for this year, 1711.; to Harlak Symonds & wife for this year, 
1611.; total, 66811. 10s. 3 l-2d. Per contra, Cr.: by Cattell 
& goods according to apprizmt. taken amongst ye four Lega- 
tees, Nov. 12, 1679, All which were left upon the farm to 
supply all necessary occasions in order to ye fullfilllng our 
fathers will & pformlng duties therln, 13211. 19s. 6d.; Jan. 30, 
1679, took into possession 35 Acres of land by us Harlak. 
Symonds & Danll. Epes p consent or order from- Richard 
Martyn, Administrators at 511. p Acre upon comon acct. 
w*** we sould to Edward Bragg, wch land was esteemed the 
most unprofitable upon the whole farm, 17511.; By sould 
unto mr. Jno. Emerson eight Acres of land next adjoynlng to 
sd Brlgg's at 511. p Acre upon comon acct. as part of his Leg- 



230 8ALEM QXJARTEBLT COURT [NoV. 

acie, 401i.; Sould to Mr. Thomas Baker 4 acres as aflForesd. 
as part of his legacie, 20h.; By 8 Acres of meadow sould to 
Edward Bragg, wch. we sd. Administrators took at 51i. 
p acre, prized much above their value, 401i.; payd to Mr. 
Duncan, 31i. lis.; by Cattell according to apprizement to 
Danll. Epes, sr., as I charged myself Debr. in ye Inventory 
but there was 10 sh. more then they were valued at, as apprd. 
wn. I came to speak wth those yt prized them, 221i. 10s.; 
swine, 91i. 10s.; ould goods charged to particular accts. of 
sd. Legatees, 251i. 18s. 3d.; by the whole Crop in 1680, 481i.; 
total, 5171i. 8s. 9d.; balance of accts. of the estate is indebted, 
ISlli. Is. 6 l-2d. Mr. Harlakinden Symonds had received 
since Nov. 13, 1679, 271i. 19s. 2d., which he apprehends may 
be set off for the trouble & charges he hath been put to about 
his father's estate since the death of his brother Willm. Symond. 
Sworn, Dec. 3, 1681, before Nath. Saltonstall and Bartho. 
Gedney,* assistants. 

An account, dated Nov. 24, 1680, of what Daniell Epps, 
sr.,* and Har. Symonds* found wanting of the estate of their 
father Deputy Governor Samuel Symonds, as may be seen 
by comparing the inventories taken by our brother Mr. William 
Symonds, executor, about the beginning of Nov., 1678, and 
that of Nov. 10, 1679, taken by themselves, with what Mr. 
Wade and our sister, Mrs. Mary Symonds, relict of William 
Symonds, hath had and disposed of from ye Farm Argilla: 
corne of all sorts of the growth of the yeare 1678, 701i.; paid 
unto Bother William by Killigreest Ross, 61i.; to old corn of 
of all sorts, 31i. 5s.; land sould of our Fathers at Towne by 
William to a saddler, 91i.; land sould unto Mr. Wade of ye 
same lott for halfe money & halfe wheat & mault as we under- 
stood by our Brother William, 401i.; silver plate, lOli. 10s.; 
cheeses of ye better sort, 51i. 5s.; sheep's wool, 751i., 51i. 2s.; 
cotten wooll wanting about 10s.; 3 tubs of Butter with two 
of ye tubbs, 31i. 198. ; syder & apples, 21i. ; 50 Loades of hay, 
371i.; 401i. of yarne, 41i., cattle, 181i.; sheep & Lambs, 38, 
161i.; a steer sould to Isaack Fellowes, 31i. 10s., which our 
Brother William had ye pay for in corne, 31i. 10s.; the Cropp 
in the yeare 1679 which Mr. Wade & our sister Symonds had 
all away and left ye Farme whollie destitute which was up- 
wards of fowre score pounds worth, 801i.; total, 3141i. Is. 
Now besides this acct. our sister Mary Symonds had all the 
benefitt of the Increase of all the Cattle & sheep, the benefit 
of the Dayrie, the keepeing what Cattle and sheep she had, 
vizt. 16 or 17 Lambs, 5 Calves sumer and winter, 3 or 4 cowes 
the winter, 5 or 6 swine, two horses, the Drawing the wood 
she made use of, with the oxen we had of our Estate for the 

* Autograph. 



1681] RECORDS AND FILES 231 

John MascoU took the oath of freeman. 

Nathaniel Ingerson had his former license renewed. 

John Procter was licensed to draw beer and cider, and 
give entertainment to strangers. 

Capt. Marshall and Goodman Edmonds had their licenses 
renewed. 

Mr. John Gedney and Mr. Daniell King were allowed as 
taverners for Salem. 

John Bullock, Ann Lake, Ellenor [Nell. — Waste book] 
Hollingworth were licensed as innholders for Salem for enter- 
tainment of horse and man, but not to draw wine. 

Mr. [Richard. — Waste book] Rease and Mr. Legg were li- 
censed to retail strongwater out of doors. 

Whereas John [Joseph. — Waste book] Beasly, at a former 
Ipswich court, was disenabled for bearing of arms for some 
misdemeanor, court took off the sentence, and he was to 
bear arms and attend the military company where he lives, 
as formerly. 

In answer to a petition of Abraham Ketvill, court ordered 
and advised that the accounts and concerns of the voyage 
and vessels between Abraham Ketvil and Andrew Tucker, 
be referred to Mr. Benjamin Browne and Mr. John Hathorne 
to audit and make up. They also advised that the parties 
buy or sell the ketch or vessell, if they do not otherwise agree.* 

payment of our Legaceys which oxen Cowes and other Crea- 
tures & goods wee left upon ye Farme in order to the full- 
filling our fathers will as to all concerns, 201i. This last winter 
our sister Mary Symonds kept 4 Cowes 5 yearlings & vantage, 
two Calves, about 13 swine, one mare, about 12 or 13 sheep, 
all the cattle, mare and two oxen shee keept upon ye farm 
this last sumer about 6 shoats raised this sumer and most 
of her wood carried by our team, 251i. 

♦Petition of Abraham Kitvillf of Jarsay: "being halfe 
owner of the Catch aduenture with Andrew Tucker whoe 
now Goe to sea this winter A fishing in a boot of Marblehead 
and your poor petitionner whoe is a stranger that Cannot 
liue to remaine a shoer he and his halfe of the Catch your 
petitioner haue Desired seuerall anest men for to desier and 
parsuade y* said Tucker to put in a man with your petionner 
for to seeke for a freat and to nauigat y^ said Catch Aduenture 
Or els that he should Consent y* your petitionner whoe is 

t Autograph. 



232 SALEM QUARTERLY COURT [NOY. 

Capt. Daniell Pearce, Mr. Nicholas Noyce and Sergt. 
Tristram Coffin were allowed as commissioners of small causes 
for Newbery for the ensuing year.* 

Return of criminal cases heard and determined by B. Ged- 
ney, and returned, 29:9:1681, to Salem court: June 22, 
1680, Jonathan Gatch fined for breach of the peace; July 16, 
Elizabeth Fulford, Samuell Hardy, Thomas Parloe and Chris- 
topher Reade, for disorderly company keeping and drinking 
on Saturday, the tythingman who prosecuted having his 
third of the fine; July 21, Jacob Pudeater, for drunkenness; 
6:7: 1680, Isaack Pudeater, for profane swearing; 20 : 1 : 
1680-81, James Smith, for drunkenness; Apr. 21, 1681, John 
Best, for breach of the law in currying insufficient leather; 
July 27, 1681, Charity Alford, for drunkenness; 24 : 8 : 1681, 
Richard Woodroth and Clark, for theft; John Williams and 
his wife, for drunkneness; Steeven James, for being disguised 
with drink; total fines, 41i. 12s. 6d.; paid to Marshall Skerry 
by Jonathan Gatchell, 10s.; pd. Marshall Skerry by Jon. 
Best, 3s. 6d.; pd. the Marshall Skerry by Jacob Pudeater, 
lOs.; pd. ye marshall by Williams and his wife, 15s.; for 

part of an artis: should nauigate the said Catch and seek 
for fraite and your petitioner Can haue a freat at this time 
If the said Tucker wood Consent to it whoe say that he will 
keepe 3^** said Catch ashoer this winter. The said Tucker 
wil not neither by nor sel nor agree in noe way and your 
petitioner haue proferd 20 shelins or woold take 20 shelins 
to y* said Tucker to buy or sell whoe will not doe niether one 
nor tother but will keep your petitionner and his halfe of 
the Catch ashoer this winter apurpus to ruinate your poor 
petitionner whoe Cannot liue without working which Can 
prooue This to be true. May it plaise this honorable Coort 
to order aither to buy or sell according to the Custome of the 
Countray or els that the said Catch shalbe sold to he that 
shall giue most and as your honners are the nursing fathers 
of this Common welth wil not see your poor petitionner a 
Bused but to order the matter soe to your poor petitionner 
releaf." 

*Joseph Pike,t constable of Newbury, returned the names 
of C^pt. Danell Peirce, Mr. NichoUas Noyes, sr., and Ser- 
geant Tristrum Coffin, as having been chosen, Nov. 28, 1681, 
by the freemen of Newbury. 

t Autograph. 



1681] RECORDS AND FILES 233 

^haines & Irons by the prisson, 13s.; mending the prison, 
3s.; paid Mr. Daniell Kinge in money, 20s.; pd. mr. John 
Gedney, sr., money, 18s.; total, 41i. 12s. 6d. 

The verdict of the jury of inquest upon the death of John 
Cole was brought into court.* 

The verdict of the jury of inquest upon the death of Thomas 
Beams was brought into court, f 

Whereas Samuell Apleton, sr., and John Whipple, sr., were 
appointed by the last Ipswich court to settle the estate be- 
longing to John Solart, jr., from the land in possession of 
Ezekiell Woodward, the latter, with Isaack Hull, having 
left it to the court, and having had a meeting at Woodward's 
house on 8:9: 1681, they agreed that the house and land 
on the way to the house, "with fouer acres of land, and halfe 
adjoyning to the way up to the house being fine rod at the 
contry Roade, being laid out, with the house & building, bee 

*Return of a jury of inquest, Jonathan Woodman, J Hugh 
March, J Stephen Grenlefe, sr.,} Wm. Chandler,} D. Dauison,} 
John Atkinson,} Benjamin Ro — ,} John Toocker,} James 
Browne,} Caleb Powell,} Peeter Godferi} and Henry Lunt,} 
dated Nov. 1, 1681, summoned by Joseph Pike, constable of 
Newbury, upon the death of one John Cole, that "upon the 
last day of October last at seuen of y« Clocke In the euening, 
The said Jn® Cole left a Skift in w*^ he was (w**^ his tow mates 
Intending to goe on board of a Shalope to w*'*' he did belong) 
but missing of the Same went to Some Shoare and afterwards 
attempting to goe one Board by Reason of y* Cold & wett 
and wanting of Releafe Perished and found dead upon y« 
flatts the first day of Nouemb' 1681," according to informa- 
tion from the two mates, John Poore and Zachery Sautly. 
Sworn, Nov. 22 and Nov. 26, 1681, before Nath. Saltonstall,! 
assistant. Mr. Jno. Dole also attended the inquest ana 
agreed to the verdict. Sworn, Nov. 22, 1681, before Nath. 
Saltonstall,} assistant. 

t Return of a jury of inquest, Moses Mavericke,} Samll. 
Ward,} Thomas Pittman,} Ambros Gall,} Mathew Clark,} 
John Merrett,} George Oake,} Ephraim Sandin,} Willam 
Beckly,} James Stillson,} Henerie Curtis} and John Curtis,} 
dated Marblehead, Oct. 7, 1681, summoned by Benjeman 
Gall, constable, upon the untimely death of Thomas Baerns, 
that he fell out of a boat into the sea, and not being able to 
8wim ashore, was drowned. 

} Autograph, 



234 8ALEM QUARTERLY COtTRT [NoV^ 

one share; And there being left fourteen acres more or less 
be the other share, the which as the said Hull hath giuen free 
liberty, soe the said Woodward hath made his choyce of that 
share where now the houses stand: and the said Hull is to 
pay to Goodman Woodward fouer pound ten shillings or one 
hundred & fourteene rod of land, out of his share of land, 
that is his, next to Goodman Woodwards, which the sd Wood- 
ward please to haue, And in the said setlement wee haue 
had respect to the sum setled by the court to John Solart 
Jun': as alsoe to what the said woodward hath paid which 
is 9** out of the 84** which brings the eighty fouer to 75**^ 
& 3« for rent aded to 75^^ makes the total to be 78" ." This 
return was allowed.* 

Hon. Majr. Daniell Denison in the time of this court paid 
Mr. King 31i. 10s. in money, and on 14 : 12 : 1681, he paid 
him ''as he came through this towne to goe to the Generall 
Court," 50s. in money. 

Eleazer Giles' fine was remitted. 

Allowed the servants of Mr. King's house, 12s. 

•Original return of the committee, 8:9: 1681, by SamlL 
Appleton, sr.,t and John Whipple, sr.f 

Isaac Huirst petition, Sept. 30, 1681: "Whereas Ezekiel 
Woodward hath made a proposition to Isaack Hull with 
Respect to his portion where it shall be sett out of Jno. Solart 
senr his estate what Isaack Hull shall haue of that estate 
although the sd Isack hath recouered the Land set out: yet 
the sd Isaack is willing to take out of that estate what an 
eldest son ought to haue not the greatest pt. of his portion 
In Decayd buildings & a decayed orchard but willing to take 
half agst all the rest of the children In the buildings & the 
rest of his portion in Land Joyneing to it: with what he ought 
to haue for the use of his portion: & what he ought to haue for 
his part in Josephs portion Inland; with the present chardges 
given for Rent past: howeuer the sd Isaack is willing to 
leaue his portion to be set out the by psent Court of Assist- 
ants haueing respect to his claime in the said estate of Jno. 
Solart senr. deceased only the s'* Hull expects the Courts 
Chardges given him now." 

Ezekiell Woodwardf certified, 30 : 7 : 1681, that he would 
leave it to the court to determine the claim of Isack Hull, 
husband of Sarah, the relict of John Solart, deceased. 

t Autograph. 



1681] RECORDS AND FILES 23& 

Joseph Pickworth, administrator of the estate of John 
Pickworth, brought in an inventory.* Court ordered that 
Ann, widow and mother of deceased, have one third, said 
Joseph, another third, and that the other third be divided 
between the two sisters of John, Ruth Masters and Rachell 
Sibley. The other estate in reversion left him by his father 
was to go to his mother, Ann Pickworth, during her life, and 
after her death to be disposed of according to the will of the 
father, John Pickworth, the elder, deceased. 

Richard Friend dying intestate, administration of his 
estate was granted to William Curtice, his father-in-law 
and an inventory,! sworn to by the widow and amounting 
to 71i. 18s. 6d., was brought in. 

The widow of Daniell Crocker, who died intestate, pre- 
sented an inventory^ of his estate, amounting to 19s. 9d. 

*Inventory of the estate of John Pickworth, taken Nov. 
28, 1681, by Samuell Leach§ and Walter Fayerfield:§ tenn 
Acers of Land, lOli., about 3 acors & 1-2 of land at hom, 
lOli., 201i.; land at Kittill Cove, 21i., sawmill Iron work, 21i., 
41i.; coate, 2 paier of brieches, an old dubblit and an old 
cloake, 31i. 8s. ; hatt, two shirts, gloves, bands, neckcloths & 
stokins. Hi. 15s.; a paire of shose, 3s., two puter platters 
& a quart pott, 19s.; a chist, 5s., silver, 131i. 3s., 131i. 8s.; 
an ould chist & tools, old Iron, 20s., gun & Sord 20s., 21i.; 
four books, 12s., one blanket, 10s., on coverlitt, 39s., 31i. Is.; 
Eight yerds of beed tikken, 16s., parregon, 6s., serge, 2s. 6d., 
lli. 4s. 6d.; two yerds & 1-2 of serge, 6s., serge one yerd 3-4, 
6s., stuflF 3 yerds, 5s. 3d., 16s. 3d.; three Remnants of carsye 
containing 15 yerd & 3-4, 41i. 6d.; 7 yerds of homspunn cloth, 
148., doulice four yerds, 12s., lli. 6s.; total, 551i. 18s. 3d. 

flnventory of the estate of Richard Freind, taken Dec. 1, 
1681, by Tho. Mould§ and John Saunders :§ his wareing 
cloathes, lli. 14s.; Beding, lli. 5s., 2 chests, 8s., 1 Iron Kettle, 
7s., lli. 19s.; 5 Fishing lines, 15s., 4 Leds, 3s. 6d., 18s. 6d.; 
14 Codd Hooks and 5 Mackrell hooks, 3s. 4d.; A Spliting Knife 
and A Marling Spike, Is. 6d.; 1 Iron Pot, 4s., Earthen ware, 
3s. 6d., 7s. 6d.; 5 glass Bottles, 2s., Peuter, 4s., 6s.; 1 Table^ 
3s., 5 chaires, 6s., a box. Is., Bedsted, 5s., A flaskit. Is. 6d., 
6s. 6d.; A paile. Is., morter & pestel. Is. 6d., 2s. 6d.; Due by 
severall Men, 21i. 2s.; total, 81i. 10s. lOd. His fishing voige 
which is not yet knowne. The estate is Debtor to Willm. 
Curtis, sr., 71i. 18s. 6d. 

Jlnventory of the estate of Daniel Crocker, taken Nov^ 

§ Autograph. 



236 SALEM QUARTEBLY COURT [NoV. 

Samuell Williams and Isaack Foott being desired by Tim- 
othy Lindall to appraise a very old house and an acre of land 
formerly belonging to Robert Starr, sr., deceased, with a few 
trees or a small orchard at one end of it, valued it at four 
score pounds.* 

Court ordered Leift. John Higgenson and Mr. John Hathorne 
to divide this estate into three parts, for Robert Starr, jr., 
his brother Richard Starr and sister Susanna Starr, all the 
children of Robert Starr, sr., deceased. They were to lay 
out the share of Robert, the son, deceased, to Mr. Timothy 
Lindall, administrator of the estate of said Robert, jr. 

John Beckett, sr., aged about fifty-seven years, testified 
that Thomas Hunter had a lot of ten acres on the Marble- 
head side which he had possessed several years, and after he 
died William Hunter, his own brother, had possession of it 
at least thirty-five years ago, as his brother's heir. Further 
that on the voyage on which Thomas died, both brothers, 
going in the same ship, agreed that if one died the other should 
enjoy his estate. Richard Hide, sr., and Frances CoUens 
testified to the same. Sworn, June 12, 1682, before Bar- 
tholomew Gedney, assistant. 

On June 19, 1682, John Chaplin acknowledged judgment 
to Mr. Timothy Lindall, before William Browne, Esq., and 
Bartholmew Gedney, Esq. 

25, 1681, by John Voden and Richard Croade: an old bed- 
steed and cord with a small straw Bed and ye Furniture being 
very old and bad, 10s.; an old Fryeing pan, hake & a crooke, 
3s. 6d.; an old pewter platter and 2 old porringers, Is. 6d.; 
3 woodden Trayes, 2 alcomy spoones & a small old pewter 
Cupp, Is. 3d.; An old chest, 6 old Trenchars, 2 woodden 
dishes and an old brass kettle, 2s. 6d.; An old Tynn candle- 
stick, an old barrell, glass bottle & 2 Jarrs old oyle Jarrs, 
Is.; total, 19s. 9d. All his wearing apparrell he carried 
with him when he went last to sea. 

* Samuell Williamsf and Isack Foott,t being desired by 
Timo. Lindall to appraise a house and land formerly belonging 
to Robert Star, sr., deceased, have measured the land and 
''find to be near about an acer & a very old hous upon it & 
a few trees or small orchard att one end of it all wch we value 
at four score pounds." 

t Autograph. 



1681] BECOBDS AND FILB8 237 

On 3:6: 1682, Joseph Gannett acknowledged judgment 
to Edward Hoeman, before William Browne, Esq., and Bar- 
tholmew Gedney, Esq. 

List of presentments, dated Nov. 30, 1681, signed by Nath- 
anell Putnam,* foreman of the grand jury: 

Elisksander Grim of Salem, for being drunk or very much 
disguised with drink upon the Lord's day. Wit: Mary 
Maber and Hester Johnson. 

Venire, dated 18 : 8 : 1681, for Salem, signed by Hilliard 
Veren,* cleric. Mr. John Pilgrim, Lt. John Pickering, Mr. 
Ben. Marston, Mr. Danl. Andrew, Ser. Jo. Leach, Mr. Nath. 
Beadle and Mr. Jo. Tawley, jury of trials; Mr. Francis Skery, 
Mr. Nath. Putnam, Mr. Wm. Trask, Mr. Christ. Babidge, 
Mr. James Symonds, Mr. Henry West and Mr. John Loomes, 
grand jury. Also summons to James Burne for profaning 
the Sabbath and excessive drinking, with Nathaniell Putnam, 
sr., and Joshua Rea, sr., as witnesses; also summons to Peeter 
Twist and Precilla Vinton, for fornication, and to the town 
of Salem, for not keeping in repair the bridge at Forrest river, 
with Samuell Eborne, sr., and John Homes as witnesses. 

Venire, dated 18 : 8 : 1681, for Marblehead, signed by 
Hilliard Veren,* cleric, and served by Benjamin Gale,* con- 
stable, who returned the names of John Peach, jr., for the 
jury of trials, and Erosmus James for the grand jury. Also 
summons to Robert Cockes, for beating and abusing Joseph 
Booby and for swearing. 

Venire, dated 18 : 8 : 1681, for Gloster, signed by Hilliard 
Veren,* cleric, and served by Thomas Riggs,* constable, who 
returned the name of William Griggs for the grand jury and 
James Davis for the jury of trials. Also summons to Nath- 
aniell Somes, Abigaile Somes, John Pearce, jr., and Mary 
his wife, and the widow Mary Hamonds, for frequently ab- 
senting themselves from the public ordinances of God. "As 
for Abigail Somes she hath beenn in a distracted Condistion 
about this 2 months and her brother Nathaniell hath been 
forced to make it his whoU Imployment to Loake after her 
and therfor I thought good to Lett you understand, Mr. 
Verin, that if they doe not appear at the Court you might 
give the honoured Courte to understand the reason of it." 

Venire, dated 18 : 8 : 1681, for Lynn, signed by Hilliard 
Veren,* cleric, and served by Thomas Bancroft,* constable, 
who returned the names of Roberd Going, William Croft, 
Thomas Farrer and John Newhall, jr., for the grand jury, 
and Daniell Hichine, John Edmonds, Jacob Knight and 
John IngoUs for the jury of trials. 

• Autograph. 



238 SALEM QT7ABTERLT COURT [NoV. 

Summons, dated 29:4:1681, to Ephraim Herick, for 
telling a pernicious lie, also to John Elliot as a witness against 
John Davis, in abusive carriages at Jon. Tawlie's, signed by 
Hilliard Veren,* cleric, and served by Jonathan Biles,* agent 
for Georg Standley, constable of Beverly, who returned that 
he notified Herick, but as for the other persons, "we know 
noe such in ou' Town." 

Kathrin Patrick, aged about thirty-two years, deposed that 
being at Nahant sometime in June two years since in company 
with Heugh Ally and Rachell Winick, the two latter went 
aboard a sloop about twelve o'clock at night. 

Willyam (his mark) Vinson, tythingman, and Wilyam 
(his mark) Griggs, both of Gloster, testified at Salem, June 28, 
1681, that Nathanell Somes, Abegal Somes, John Peers, 
jr., and his wife and Marie Hamonds, all of Gloster, frequently 
absented themselves from the public ordinances of God. 

Writ: Leift. John Putnam, attorney to Elias Trick v. 
William Cook; for entertaining or detaining the servant or 
apprentice of said Trick for more than one year's time; dated 
14 :9 : 1681; signed by Hilliard Veren,* for the court and 
town of Salem; and served by Henery Skerry,* marshal of 
Salem, by attachment of a sea chest and a great spinning 
wheel of defendant. 

Edward Nichols, aged about twenty-eight years, deposed 
that Perse Angel's wife is married to Salathiel Bale, according 
to common report of the people in that place. 

Philiep Nichols, aged about twenty years, deposed that 
they were married about five years ago, and while he lived 
with her they had several children. Sworn in court, 29 : 
9 : 1681, before Hilliard Veren,* cleric. 

Return of a jury of inquest, Zerobabel Endecott,* foreman, 
Nathanell Putnam,* Joshua Rea, sr.,* Jacob Barney,* Joseph 
Holton,* Joseph Hutchinson,* John Endecott,* Daniel An- 
drew,* Nathanill Ingersell,* Thomas Haynes,* Francis Gafford* 
and Jonathan Walcott,* dated Salem, July 25, 1681, upon 
the death of Thomas Whitecar, Mr. Israel Porter's servant, 
who was found dead in the corn field, that he died of the 
extreme heat of the sun, there being no sign of any injury 
on his body except on his face when he fell. All sworn, except 
Jacob Barney, Aug. 10, 1681, before Bartho. Gedney,* assist- 
ant. 

Return of a jury of inquest, William Vinson, John Fitch, 
Steven Glover, James Sawyer, Tho. Prince, sr., Joseph Allen, 
Timothy Somes, Joseph Clarke, John Kettle, Henry Joslen, 
James Persons, Jefry Persons, jr.. May 12, 1681, upon a man 
who was cast ashore near Starknaught harber, that he was 

* Autograph. 



1681] RECORDS AND FILEfi 239 

grobably drowned and had been dead a pretty while, having 
een frozen. Sworn, June 28, 1681, by Tho. Riggs, constable 
of Cape Ann or Gloster, before Bartho. Gedney,* assistant. 

Execution, dated 3 : 10 : 1681, against Peeter Murrell, 
to satisfy judgment granted Mr. John Higgenson, jr., 29 : 
'9 : 1681, at Salem court, signed by Hilliard Veren,* cleric, 
and served by Henery Skerry,* marshal, by attachment of 
the refuse fish which Constable Tapple had attached for 
this action. 

Execution, dated Oct. 31, 1681, against Isaack Williams, 
to satisfy judgment granted Humfry Devorix, June 22, 1681, 
at Salem court, signed by Hilliard Veren,* cleric, and served 
by Henery Skerry,* marshal, who went to the dwelling house 
of said Williams and not finding him, took an order from 
Jerimy Neall that he would satisfy the execution on the second 
day of the next week. 

Execution, dated July 2, 1681, against Thomas Ives and 
his servant Joseph KemboU, to satisfy judgment granted 
Thomas Rayment, 28 : 4 : 1681, at Salem court, signed by 
Hilliard Veren,* cleric, and served by Henery Skerry,* marshal. 
Ives offered shoes as payment but the creditors demanded 
money, so both Ives and Kimball were committed to prison. 

Execution, dated 17 : 7 : 1681, against Walter Fairefeild, 
-executor of the will of John SoUart, jr., for rent in money or 
the parcel of land laid out to the executor by Thomas Fisk 
and Charles Gott, to satisfy judgment granted Isaack Hull, 
husband of Sarah, relict of John SoUart, jr., 30 : 9 : 1680, 
at Salem court, signed by Hilliard Veren,* cleric, and served 
by Henery Skerry,* marshal, who delivered the land by turf 
and twig, and told Woodward what he had done. Wood- 
ward said he cared not and would take no notice of it. 

Execution, dated 26 : 2 : 1681, against Capt. James Smith, 
to satisfy judgment granted Mr. Edmund Batter, 4 : 12 : 
1678, at a Salem commissioners' court, signed by Hilliard 
Veren,* cleric, and served by Henery Skerry,* who attached 
two cows, a brown and a black one, and delivered them to 
Micall Vowden to be kept for Mr. Batter's use. 

Execution, dated 29 : 9 : 1681, against John Gatchell, sr., 
and Joseph Gatchell, to satisfy judgment granted the select- 
men of Marblehead for keeping Ruth Williams' child, signed 
by Henery Skerry,* marshal. 

Execution, dated Jan. 2, 1681, against John Gatchell, sr., 
and Joseph Gatchell, to satisfy judgment granted the county 
on forfeiture of a bond, 29 : 9 : 1681, at Salem court, signed 
by Hilliard Veren,* cleric, and served by Henery Skerry,* 
marshal. 

* Autograph. 



240 SALEM QUARTERLY COURT [Nov;. 

Execution, dated Jan. 2, 1681, against Jonathan Hart, ta 
satisfy judgment granted John Peach, jr., 29 : 9 : 1681, at 
Salem court, signed by Hilliard Veren,* cleric, and served 
by Henery Skerry,* marshal, who sent the money by Mr- 
John Legge to give to his father-in-law Peach. 

Execution, dated 2 : 10 : 1681, against Humphry Deverix^ 
to satisfy judgment granted Isaack Williams, 29 : 9 : 1681, 
at Salem court, signed by Hilliard Veren,* cleric, and no- 
return made. 

Execution, dated 26 : 7 : 1681, against Thomas Mouldy 
to satisfy judgment granted William Browne, Esq., 3 : 6 r 
1680, by the commissioners of Salem, signed by Hilliard 
Veren,* cleric, and served by Henry Skerry,* marshal. "I 
payd to you fouer shillings I had for William Curties attach- 
ment." 

Samuel Gardner's bill of cost, Os. 

Writ: The surveyors of the fence of the North field of 
Ipswich, by the selectmen, Thomas Lull, Symon Chapman 
and John Roper v. Samuell and Joseph Aires; for setting 
up or making new seven and a half rods of fence at 3s. per 
rod, which is part of 32 rods and 14 feet laid out by the com- 
mittee chosen by the commoners of the North field, commonly 
called, on the north side of Ipswich town river, to settle the 
common fence to the proprietors which 32 rods is the pro- 
portion laid to 60 acres of land now in occupation of said 
Samuel and Joseph, with other lands belonging to Mr. William 
Norton; dated 19 : 3 : 1681; signed by Robert Lord,* for the 
selectmen of Ipswich; and served by Nathanell Rust,* constable 
of Ipswich. Phillip Fowler and Samuell Chapman were the 
appraisers. Another writ, for not making up their share 
of the fence, signed by Robert Lord,* and served by Nathanell 
Rust,* constable. "Those that are of the mynd that Barly 
& barly malt shall pas from man to man in this Town at 
the prise 4s. p bushel let them show it by ther usuall signe.'' 

Richard Reede's bill of cost, for attendance upon John 
Pedrecke, 8s. 

Writ of replevin, dated Mar. 24, 1680, for a brown heifer 
two years old and a black spotted sow distrained by Mr. 
Wilson for the selectmen, to be delivered to Samuel and 
Joseph Aires, signed by Daniel Denison,* and served by 
Robert Lord,* marshal of Ipswich. 

Writ of attachment, dated Mar. 21, 1680-81, against Sam- 
uel and Joseph Ayres, tenants upon the land of Mr. William 
Norton, for not making up fence, etc., signed by Robert 
Lord,* clerk, and served by Theophilus Wilson,* constable 
of Ipswich. 

* Autograph. 



1682] records and files 241 

Court held at Ipswich, Mar. 28, 1682. 

Judges: Major Genrll Denison, Esq., Capt. Nathaniel! 
Saltonstall, Esq., Bart holme w Gednye, Esq., and Major 
Appleton, Esq. 

Jury of trials: Capt. John Whipple, Mr. Towsey, Nathaniell 
Emerson, Corprll. Tho. Clarke, Francis Browne, Abraham 
Addams, John Stickney, Thomas Pearly, Philip Greeley, 
John French, Robert Hasting and John Steevens. 

John WooUcott v. John Atkinson. For withholding and 
refusing to deliver a mortgage. Verdict for plaintiff. The- 
mortgage to be delivered or defendant to pay a fine of lOOli. 
Appealed to the next Court of Assistants. Defendant bound,. 
with John Webster and James Merrick as sureties.* 

Bond to prosecute, dated Mar. 24, 1680-1, signed by 
Samuel Ayres,t Joseph Ayersf and Will. Norton.f 

Theophilus Wilson'sf account as keeper of the prison, for 
bringing Goodman Burne's servants from Rowly to Ipswich,. 
4s. ; for the imprissonment of one of them and diet, 8s. ; Thomas 
Loufel, ten days' work, 4s.; Phillip Fouler, two days' work, 
48.; diet to Mr. Gardner, 4s.; Benja. Felton, 8s. Samuell 
Brocklebanke and Jeremiah Elsworth engaged in behalf of 
Thomas Spoford and Ezekiell Sawyer to pay their charges. 

Copy of a deed, dated 7 : 10 : 1658, given by Nathaniell 
Felton of Salem to John Freind of Salem, for 41i., twenty 
acres of land lying next to the land of John Scudder formerly, 
now the land of John Bachelor, and bordering on the common 
on Ryalls side. Wit: Phillip Cromwell and John Gedney. 
Acknowledged, 7 : 10 : 1658, before Wm. Hathorne. Copy 
made by Hilliard Veren,t recorder. 

Summons, dated 28 : 9 : 1681, for the appearance of James. 
Burne, for profaning the Sabbath and for excessive drinking, 
also Nathaniell Putnam, sr., and Joshua Rea as witnesses;, 
also to Peeter Twist and Precilla Vinton, for fornication, 
and to Samuell Eborne, sr., and John Holmes as witnesses^ 
about the defect of the bridge at Forrest river, signed by 
Hilliard Veren,t cleric, and served by Uzal Wardell,t con- 
stable of Salem, who returned that the persons could not be 
found. 

*Writ: John Woolcott, sr. v. John Atkinson; for with- 
holding and refusing to deliver a mortgage of a parcel of land 
mortgaged to John Atkinson and John Knight, although the 
mortgage had been long since satisfied; dated Mar. 6» 1681-2; 

t Autograph. 
16 



242 IPSWICH QUARTERLY COURT [Mar. 

signed by Daniel Denison;* and served by Robert Lord,* 
marshal. Bond of John Atkinson.* 

John Atkinson's bill of cost, 6s. 

John Woollcot's bill of cost, 31i. Is. 4d. 

Tristram Coffin, aged fifty years, deposed that he had 
seen the mortgage deed in the hands of John Atkinson of 
Newbury, etc. Sworn in court. 

John Woolcot, jr., and Joseph WooUcot testified that they 
aaw the deed. Sworn in court. 

Copy of mortgage deed, dated Apr. 27, 1675, from John 
WooUcot and wife Mary of Newbury, for 351i. 15s. in money, 
pork or barley to John Knight and John Atkinson of New- 
bury, **all my land & meddow on the north syde the little 
River neare the dwelling house of the sayd John Woolcot. . 
• . bounded on the south syde by the little River, upon the 
east, bounded by land of James Smith bounded on the north, 
by land of Joshua Browne, bounded on the west by the Towne 
Common." Wit: John Acie and Robert Lord, marshal. 
Acknowledged, Mar. 6, 1681-2, before Daniel Denison, by 
John WooUcot, who affirmed that he had satisfied the mort- 
gage within the time limit. Recorded, Mar. 21, 1681-2, 
among the records of lands for Essex, book 4, page 436, before 
Robert Lord,* recorder. John Knight acknowledged satis- 
faction for his part, June 24, 1675. Wit: Cutting Noyes and 
John Michell. Sworn, Mar. 28, 1682, before Robert Lord, 
cleric. John Atkinson, according to judgment of the Ipswich 
court and Court of Assistants in 1682, resigned his interest to 
John Woolcot, sr., Sept. 27, 1682, before Robert Lord,* cleric. 

Deed, dated Dec. 3, 1675, from John WooUcot* of New- 
bury, with the consent of his wife Mary, for 251i. in money 
and 251i. in barly or pork, to John Atkinson of Newbury, 14 
acres of meadow, swamp or lowland, bounded by a wall on 
the north corner, and running southerly on a straight line to 
an asp tree blown down in the corner of WooUcot's fence, so 
taking in all the lands on the westerly end that is fenced in 
with the fences, excepting one acre at the head of the meadow 
sold to John Knight, which land was formerly Mr. Mil ward's, 
which lay on both sides of little river. Wit: James Atkinson 
and Benjamin Plummer. Sworn by the witnesses, who saw 
possession given by turf and twig, Dec. 27, 1675, before Nath. 
Saltonstall,* commissioner. 

John WooUcot, jr., aged twenty-one years, and Joseph 
WooUcot, aged eighteen years, testified that when their father 
John WooUcot and John Atkinson were upon the land the 
latter said that he paid very dear for it for he gave 701i. Their 
father said if it had not been for the redeeming of the mort- 

* Autograph. 



1682] RECORDS AND FILES 243 

John Lampson, Samuell Lampson, Joseph Lampson and 
Nath. Lampson v. Anthony Potter. Nonsuited upon defect 
of the process.* 

gage there was no man should have had the land. Atkinson 
said he gave 181i. on the mortgage and 501i. on the bill, and 
promised to give him a release of the mortgage when he came 
that way again. Sworn in court. 

John WooUcot and Joseph WooUcot further testified that 
Adkesson came to their father's house in April, 1676, and 
desired the latter to run the line because while he knew the 
corner bounds he did not know the line ''over athwart" the 
land. So they all went and cut the boughs that they might 
see athwart the land and agreed upon the line, etc. Sworn 
in court. 

Henry Jaques, aged sixty-three years, deposed that Atkin- 
son said that WooUcott had taken away the posts and rails, 
etc. Sworn, Mar. 6, 1681-2, before Daniel Denison.f 

Matthew Pettingell, aged about thirty-three years, deposed 
that Atkinson said he kept the mortgage deed to pay Woolcot 
for taking down the fence, etc. Sworn, Mar. 6, 1681-2, before 
Daniel Denison.f 

Tristram Coffin, aged fifty years, deposed that John Atkin- 
son went to him for advice and he told him that Woolcot had 
cleared the mortgage long ago and he should not make use 
of any trick in law to wrong Woolcot. Deponent asked him 
why he attempted such a dishonest proceeding and he said 
that Woolcot had played the knave with him and he would 
have satisfaction, etc. Sworn, Mar. 6, 1681-2, before Daniel 

Denison.f 

*Anthony Potter's bill of cost, 9s. 6d. 

Copy of papers in this action in Ipswich court, Mar. 29, 
1659, and Salem court, 11 : 10 : 1661. 

Copy of an inventory of the estate of William Lampson of 
Ipswich, taken Feb. 11, 1658, by William Goodhue and Robert 
Lord: the house and ground about it, 401i.; two acres of 
marsh, 41i.; two steares, 81i. lOs.; cow^ and heifer of 2 year, 
61i.; 6 Goates, 31i.; a sow and five shotes, 31i.; two kettles, 
31i.; 3 Iron potts & 1 Iron skillett, 21i. 5s.; two bras skillets, 
9s.; a bras morter, 5s. 6d.; warming pan, 9s.; 7 pewter dishes, 
Hi. 7s.; chamber pott, 3 poringers & a pint pot, 5s.; candle 
stick, 3s.; dozen occumy spoones & 1 dozen of pewter, 8s.; 
lamp, smoothing Iron & other small things, 12s.; 1 keelar, 
powdering tub, bucking tub, paile & some other Lumber, 
14s.; sithes, beetle and wedges & sickles, Hi. 7s.; Axes & 
other tooles, Hi. 12s.; spad, shovel & Hows, 7s. 6d.; wheeles 

t Autograph. 



244 IPSWICH QUABTBBLT couBT [Mar. 

Joseph Flecher, in behalf of John March and Jemina his 
wife V. Hugh March, sr. Special verdict. If the acquittance 
in the deed released defendant from his promise upon marriage 
to Joseph Flecher on behalf of John March, they found for 
defendant; if not, they found for plaintiff, 1321i. Court 
gave judgment for defendant. Appealed to the next Court of 
Assistants. Plaintiff bound, with Caleb Moody and Joseph 
Baily as sureties.* 

and cords, 15s.; 2 old chests & a box, 10s.; wheat thresht 
& unthreshed, 32 bush., 71i. 4s.; Indian corne, 51i.; Tum- 
brill wheeles, plow, 31i. 5s.; nayles. Hi.; bookes. Hi.; one 
old bedsted & trundlebed, 10s.; 2 old chaires & formes, 48.; 
wearing apparell, 61i.; sword & belt, 68. 8d.; sives & earthen 
ware, Ss.; featherbed & 2 bolsters, 31i. lOs.; one bed & other 
beding, 31i. 10s. ; 3 pr. of sheetes, 3 little pillows, & pillobeers, 
21i. 12s.; cotton woole & lli. sheepe woole, Ss. 6d.; new cloth, 
21i. 10s.; sack & bagg, 5s. 6d.; tobaco, 58.; bacon 10s.; 
hemp & flax tow, lOs.; debts owing to him, 71i.; total, 1241i. 
17s. 2d.; debts owed to others, 131i. 7s. 

The children left were four sons and four daughters, the 
eldest son, 16 years old last November, the eldest daughter 
14 years, the second son 9 years 3-4, second daughter 7 years, 
third daughter 5 1-2 years, fourth daughter 4 years, third 
son 2 years last November, youngest son 24 weeks. Copy 
made by Robert Lord,t cleric. 

*Writ: Joseph Fletcher of Salisbury, in behalf of John 
March and Jemima, his wife, daughter of Joseph's wife v. 
Hugh March, sr. ; for not delivering 1321i. to John or to Joseph 
for John according to agreement between said Fletcher and 
Hugh March, sr., the latter promising to give to his son John 
March upon his marriage twice as much as Fletcher was to 
give his daughter Jemima, which had been already given 
to the amount of 661i.; dated Feb. 27, 1681; signed by Nath. 
Saltonstall,t assistant; and served by Joseph Kke,t constable 
of Newbury, by attachment of house, land, beds, furniture, 
linen, tubs, pewter, brass and other utensils of Hugh March, sr. 

Joseph Fletcher's bill of cost, 21i. 14s. 8d. 

John March and Jemima Trew were married Oct. 1, 1679. 
Copy from the register book of Newbury by Anthony Somer- 
by,t clerk for Newbury. 

Receipt, dated June 10, 1680, given by John Marchf to his 
father-in-law Joseph Fletcher, for 291i., lUi. in money and 
181i. in goods. Wit: Mary Fletcher.f Sworn, 28 : 1 : 1682, 
before Nath. Saltonstall,t assistant. 

t Autograph. 



1682] RECORDS AND FILES 245 

Bill of cost, of Hugh March, sr., 19s. 

Moses Gerrish, aged about twenty-six years, deposed that 
two years ago speaking with Hugh March, sr., of Newbury, 
he said that old Fletcher had promised to divide the estate 
between the two daughters and that he would give two pence 
for every penny Fletcher gave his daughter. Sworn, Jan. 28, 
1681, before N. Saltonstall,* assistant. 

Receipt, dated Jan. 25, 1681, given by John Marsh,* to his 
father Joseph Flecher of Salsbury, for 371i., in a feather bed, 
bolster and bedding at lOli. 10s., peuter platters, 10s., two 
oxen, 71i., four cows, 121i., four sheep. Hi., two three year 
old steers and one three year old heifer, 61i., in part of his 
wife's portion. Wit: Henery Browne* and Ephraim Winsley.* 
Sworn by the witnesses, Jan. 28, 1681, before Nath. Salton- 
stall,* assistant. 

Moses Gerrish, aged about twenty-six years, testified. 
Sworn, Jan. 28, 1681, before N. Saltonstall,* assistant. 

Willm. Noyes, aged about twenty-eight years, testified. 
Sworn, Jan. 28, 1681, before N. SaltonstaU,* assistant. 

Robert Lord, marshal, aged about fifty years, deposed 
concerning Hugh March coming to his house to get him to 
serve the attachment on his son John at Newbury, for he 
did not dare trust the constable with it. Deponent said he 
would do so if he were well and able to go on the next second 
day. Sworn in court. 

Joseph Flecher, Israeli Flecher and Caleb Moody deposed. 
Sworn, Jan. 28, 1681, before Nath. SaltonstaU,* assistant. 

Jno. Allin deposed that he was at Hugh March's house at 
Newbury the day after his son was married, etc. Henry 
True testified. Sworn, Jan. 28, 1681, before Nath. Salton- 
staU,* assistant. 

Tristram Coffin, aged fifty years, deposed that Hugh March 
asked him to go to his son John March and be instrumental 
in getting John to give up possesson of the house and land 
which had been conveyed to him by deed, with the condition 
that upon non-payment of rent, the estate was to return to 
Hugh, sr. Deponent was to get it peaceably if possible and 
if John would not let him re-enter in a loving way, he was to 
send for the marshal and take it by force. On Saturday, 
Jan. 28, said Hugh took possession by his son going out of 
the house and delivering the keys to him. John sdso paid 
his father 18s. 6d. in money for a porringer that was lost. 
Henry True deposed. Sworn in court. 

Tristram Coffin testified that he heard Fletcher demand 
of Hugh March what he would give, etc. Sworn in court. 

Deed, dated Jan. 21, 1679, from Hugh March, sr., of New- 

* Autograph. 



246 IPSWICH QUABTERLT COURT [Mar. 

John Cromwell v. Nicholas Bartlett. Debt. Verdict for 
plaintiff.* 

berry to his son John March of Newberry, his now dwelling 
house in Newbury with land and the great marsh lot at Plum 
Island, also six beds, furniture, brass, pewter, the furnace, 
brewing vessels and all utensils of housekeeping, reserving 
during his life the old parlor, with the chamber over it, and 
the parcel • of land lying to the street before the old house 
and between the shop and new house, also reserving liberty 
to use the middle room and the well when he so desired, and 
to dispose of one of the six beds at his decease, and also reserv- 
ing a parcel of land behind the barn fronting to the street 
between a stake set up for determining the land of Hugh 
March, jr., and another stake showing the land of John March, 
said land being 72 feet between the stakes and of that breadth 
running back into the lot 118 feet in length adjoining Mr. 
Tho. Woodbridg^s fence. Said John was to pay his father 
181i. yearly during the latter's life, in money, malt or corn, 
and at said Hugh's death, he was to pay lOOli. to the bene- 
ficiaries of his father's estate within two years, in neat cattle, 
bulls excepted, not over seven years old, English and Indian 
corn, and sheep to the value of not more than 61i. John was 
also given half of his freehold rights, whether one or two. 
Wit; Timothy Woodbridge and Anne Woodbridge. Ac- 
knowledged, Feb. 8, 1679, before John Woodbridge, com- 
missioner. Recorded, Mar. 15, 1679-80, in the records of 
lands for Essex, book 4, page 309, by Robert Lord,t recorder. 

Deeds, duplicate of the foregoing, signed by John March.J 
Wit: Timothy Woodbridgef and Anne Woodbridge.t Ac- 
knowledged, Feb. 7, 1679, before Jo. Woodbridge,t commissioner. 
Recorded, June 21, 1680, in the record of lands for Essex at 
Ipswich, book 4, page 242, by Robert Lord,t recorder. 

♦Writ, dated Jan. 3, 1681-2, signed by Hilliard Veren,t 
for the court, and served by Rich. Prythrich,t constable, by 
attachment of goods of Nicholas Bartlett, 9 pewter platters, 
6 pewter porringers, 3 pewter basons, one pewter platter, 
one flagon, pewter pot, 2 pewter candlesticks, 1 pewter tankard, 
and a goblet, 1 pewter saltsellar, 1 pint pot, pewter, 1 warm- 
ing pan, 12 earthen plates, chamber pot, chafing dish and 
dripping pan, 13 glass bottles and 7 earthen jugs, earthen 
pan, 1 brass kettle, 3 tin pots, pepper box, grater, funnel and 
saucepan, small brass skillet, one table, 4 joyned stools, a 
wainscot chest, one carved bed, a wooden pestle and morter, 
22 trencherS; 8 flag chairs, a settle and a plain chest, 2 grid- 
irons, 2 pair of pot hooks, 2 hakes, one pair of andirons, one 

t Autograph. t Autograph and seal. 



1682] RECORDS AND FILES 247 

John Woolcott V. Jonathan Haines and Sarah his wife. 
Slander. Verdict for plaintiff.* 

brass skillet, one steel fire fork, 2 pair tongs, 1 fire pan, one 
saveing iron, 2 smoothing irons, a tin pudding pan, one large 
brass kettle and bellows, 2 washing tubs, one looking glass 
and 3 spoons. Bond of Thomas Searlf of Salem. Wit: 
Edmund Bridges.f 

John Cromwell's bill of cost, 18s. 

Nicholas Bartlett, Dr., to John Cromwell: Apr. 12, 1676, 
shd. veale, lOd.; May 3, shd. veale, 14d., May 27, leg veale, 
16d., June 6, shd. veale, 18d., 4s.; June 17, leg veale, 18d., 
July 8, leg veale, 18d., July 15, 131i. 3-4 befe, 4s., 7s.; Aug. 
5, leg mutton, 20d., Sept. 2, leg mutton, 20d., Sept. 16, 9 1-2 
befe, 3 l-2d., Sept. 23, 1-4 lamb, 2s., 8s. Id.; Aug. 30, leg 
Iamb, 12d., Oct. 3, shd. & nee mutton. Is. lOd., Oct. 7, Hi. 
suet, 3s. 4d.; leg lamb, 15d., Oct. 14, leg & brest mutton, 
2s. 8d., Hi. suet, 6d., 4s. 5d.; Oct. 21, Hi. suet, Oct. 27, 1-4 
mutton, 3s. 6d., 1-4 befe, 1311i., 2s. 6d., carin, 6d., Hi. lis. 
9 l-2d.; Nov. 4, 1-4 beefe, 1231i., at 2d. 1-2 per, carin, 6d., Hi. 
6s. 1 l-2d.; Feb. 17, shd. mutton, 16d., Apr. 4, 1677, leg 
veale, 16d., Apr. 18, shd. veale, 12d., 3s. 8d.; Apr. 13, brest 
nee veale, 2s., Apr. 24, shd. mutton, 16d., Apr. 30, shd. veale, 
14d., 4s. 6d.; May 3, leg veale, 16d., May 12, leg veale, 12d., 
May 27, 1-4 veale, 2s. lOd., 5s. 2d.; June 26, brest nee veale, 
2s. 2d. July 24, leg mutton, 2s., July 26, shd. mutton, 18d., 
5s. 8d.; July 28, 7 l-21i. beefe, 3 l-2d., Aug. 18, 1-4 mutton, 
2s. 8d.; Aug. 25, 11 3-41i. befe, 3d. li., Oct. 6, 11 l-21i. befe, 
3 l-2d. li., lis. 6d.; Oct. 20, 13 l-41i. befe, Nov. 14, 1-4 mutton, 
3s. 6d., 10 1-4 befe, 801i. at 3d., carin, 6d., Hi. 7s. lOd., Nov. 
16, shd. mutton, 20d.; Nov. 9, 1678, 1-4 befe, 1361i., 1-4 
befe, 15711. at 3d., 31i. 13s. 3d.; Dec. 24, leg mutton. Is. 8d.; 
rec'd of Walter Monjoy per my father, 51i.; Mar. 15, 1678-9, 
shd. mutton, 2s.; May 16, 1679, leg veale, 16d., May 17, 
leg veal, 20d., 3s.; June 27, nee mutton, 8d., July 23, 1-4 
lamb, 30d., brest mutton. Is. 8d., 5s.; Aug. 23, 71i. befe, 
3 l-2d., leg mutton, 18d.; Sept. 6, nee mutton, 14d., Sept. 
27, shd. mutton, 18d., 6s. 2d.; Nov. 19, 1-4 beefe, weight 
15811., at 3d., Hi. 19s. 6d.; Jan. 17, 1679, leg mutton, Is. lOd.; 
Apr. 3, 1680, shd. veale, 16d., Apr. 10, leg veale, 20d., 48. lOd.; 
Apr. 17, leg veale, 18d., May 22, leg veal, 20d., July 10, leg mut- 
ton, 18d., 4s. 8d.; brest veale 18d., Aug. 7, shd. veale, 16d., 
Aug. 14, 12 1-211. befe, 3 l-2d., 6s. 6d.; Sept. 11, 1680, 7U. befe, 
3 l-2d., brest mutton, 14d., leg mutton, 15d., 4s. 5d.; Nov. 
18, 1-4 beefe, 761i., at 3d., 19s.; creditor as above per fish of 
Walter Monjoy, 51i.; due me, lOli. 15s. 7d. Sworn in court. 

*Writ: John Woollcott v. Jonathan Haynes and Sarah, 

t Autograph 



248 IPSWICH QUABTEBLT couBT [Mar. 

John Woolcott V. John Attkinson. Slander. Verdict for 
defendant.* 

his wife; slander, for reporting that Woolcott stole a sow 
and pigs from them, and that Woolcott's wife stole two saucers 
from them; dated Mar. 1, 1681-2; signed by Anthony Som- 
erby,t clerk of Newbury; and served by Joseph Pike,t con- 
stable of Newbury. Bond of Johnnathan Haynesf and 
Sarah (her mark) Haynes of Newbury, who gave as security 
six acres of upland with a frame of a house on it. 

John WooUcut's bill of cost. Hi. 12s. 

Sary Stecni and John Stecny testified that they heard 
Haynes say that John WooUcot was a thief, etc. Sworn in 
court. 

John WooUcot, jr., and Joseph WooUcot testified that 
Goody Hayns came to their father's house to see a sow which 
her husband said was his and was marked with his earmark 
which he had given her when she was in the woods with her 
pigs and could hold her only long enough to mark one ear. 
Their father caught the sow which was marked on one ear, 
but Woolcott said it was his and her husband must have 
caught his sow and marked it. Goody Hayns said it was 
not theirs, etc. John WooUcot, sr., and Mary WoUcot 
affirmed the same. Sworn in court. 

*Writ: John WooUcott, v. John Atkinson; slander, for 
saying that John Woolcott, sr., had been a liar and a thief 
these twenty years and had brought up his children to it 
so that now they are as good at it as himself and that he could 
prove it; dated Mar. 8, 1681-2; signed by Anthony Somerby,t 
clerk for Newbury; and served by Joseph Pike,t constable 
of Newbury, by attachment of land of defendant at the west- 
erly end of said Woolcott's land on both sides of the little 
river within said Atkinson's fence. 

John WooUcot's biU of cost, 2U. 18s. lOd. 

John Atkinson's bill of cost, Hi. 16s. 8d. 

John Wattson, aged twenty years, testified that at the 
«nd of last May John Woolcott came to him where he was 
working for Goodman Northend of Rowley a little beyond 
Rowley mill and offered to give him five pounds if he would 
get a paper, etc. J Copy from the Ipswich court files. Mar. 
26, 1667, by Robert Lord,t cleric. 

Peettor Tappin, aged about forty-eight years, and Jane 
Tappin, of about the same age, deposed that nearly twenty 
years ago John Willcott stole a hog from Abraham Tappin, 
Peeter's father, and they had a special warrant, upon which 
Willcott came to an agreement. Sworn in court. 

t Autograph. X See ante, volume 3, page 393. 



1882] RECORDS AND FILES 249 

John Allen v. Major Robert Pike. Withdrawn.* 
Samuell Buckman v. John Atkinson. Non-performance 
of a covenant. Verdict for plaintiff, in corn. Appealed to 
the next Court of Assistants. Defendant bound, with Joseph 
Peasly and James Sanders as sureties.f 

 — - — - - 

John Webster deposed that more than twenty years ago 
John Woolcot worked at Mr. Woodbridge's farm ground- 
selling a barn, and it was reported that John brought away 
an iron bar marked I. W. The bar was brought out into 
the street and by pitching was broken into two pieces. Also 
that Mary Woolcot was admonished by the church for steal- 
ing a hog from Abraham Tappin and also for stealing a silver 
bodkin from Henry Jaques' wife, the mark being almost worn 
or ruled out. Sworn in court. 

John WoodbridgeJ aflSrmed, Mar. 27, 1682, that within 
a short time after he came from England the last time, which 
would be nineteen years on July 26 next, Woolcott was em- 
ployed on his farm when John Sanders had charge of it, the 
latter having left eight years ago, etc. Also for some time 
it had been a common fame that WooUcott had been sus- 
pected of thievery. 

Jno. Richardson^ testified that it was about eight years 
since he came to the town of Newbury and soon after he 
arrived he was told that Jno. Woolcot's family were gen- 
erally suspected of stealing. 

John WooUcott, Joseph Woollcott and Phillip Fouler. tes- 
tified that they heard John Adkinson tell John Woolcott 
that he was a liar, etc. Sworn in court; 

*Writ: Jno. Allin v. Major Robert Pike; for not paying 
a legacy to his wife, which legacy was left by Allice Sanders, 
dwelling at Weeke in old England, to the children of Robert 
Pike and Sarah, his wife, said AUin's wife being one of the 
children, and which had been received by Pike and should 
have been distributed equally among his children; dated 
Mar. 23, 1681-2; signed by Tho. Bradbury,^ for the court 
and town of Salisbury, and served by Jno. Eastman, { con- 
stable of Salsbury, by attachment of the dwelling house, 
orchard, barn and land of defendant. 

tWrit, dated Mar. 20, 1681-2, for not teaching him the 
trade of a felt and castor maker according to indenture dated 
July 3, 1678, and giving him his suits of apparel, signed by 
Robert Lord, J for the court and town of Ipswich, and served 
by Joseph Pike,t constable of Newbury, by attachment of 
five acres of land of defendant. 

t Autograph. 



250 IPSWICH QUARTERLY COURT [Mar^ 

Ephraim Winslow, attorney to the town of Salsbury v. 
William Ossgood. Verdict for plaintiff, 18,000 merchantable 
boards.* 



John Atkinson's bill of cost, Hi. 16s. 

Indenture, dated July 3, 1678, between Samuel Bucknam 
of Alalden and John Adkinson} of Newbury, feltmaker, in 
which said Bucknam with the consent of his father William 
Bucknam agreed to serve said Adkinson and Sarah, his wife, 
for three and a half years, they to teach him felt and castor 
making and at the end of his service to give him three suits 
of clothing, one good new suit for the Lord's day and two 
suits for working days. Wit: Josef Bucknamf and John 
Wayte.f Sworn by the witnesses. Mar. 7, 1681-2, before 
Samll. Nowell,t assistant. 

Richard Brown, aged about thirty-one years, testified that 
Atkinson several times let out Samuel Buckmon to husbandry 
work and employed him a great deal in that work himself. 
Sworn in court. 

Samuell Wood deposed that he heard John Atkinson say 
that Samuell Bucknom cut three cords of wood for him the 
winter before. Sworn, Mar. 27, 1682, before Daniel Denison.f 

Copy of bond, dated Nov. 30, 1681, given by Samll. Buck- 
nam of Newbery, to his master John Atkinson, for 40s. in 
silver and 31i. in corn or malt on or before Mar. 29, next, on 
account of neglect of his business during his service with said 
Atkinson. Wit: Tristram Coffin and Joseph Pike. Sworn 
in court. 

Samuell Grafes, sr., and Joseph Haven, aged forty-three 
years, hatters, testified that they being acquainted at the 
shop where Samuell Bucknam now works at the trade of hat 
making and seeing him at work, consider him capable of learn- 
ing the trade but that his master had not done his duty by 
him. Sworn, Mar. 27, 1682, before Daniel Denison.t 

Matthew Pattingell, aged about thirty-three years, deposed. 
Sworn in court. 

Tristrum Coffin, aged about fifty years, and Joseph Pike, 
aged about forty-three years, deposed that they were at 
John Atkinson's house and heard him complain of his servant 
Samuell Bucknam for spoiling his work. Then Bucknam 
agreed to give his master 40s. in money or 31i. in corn or malt^ 
and to take what clothes he had then made and used to wear, 
his dame offering to give him another pair of stockings. This 
was in satisfaction of his indenture. Sworn in court. 

*Writ: Ephraim Winsley, attorney for Salisbury v. William 
Osgood, sr.; breach of covenant, dated Nov. 3, 1650, in with- 

t Autograph. t Autograph and seal. 



1682] RECORDS AND FILES 251 

holding rent due to the town about a grant of a certain tract 
of land for timber and in reference to a saw mill; dated Mar. 
10, 1681-2; signed by Tho. Bradbury,* for the court and town 
of Salisbury; and served by Jno. Eastman,* constable of 
Salsbury, by attachment of the pasture adjoining the barn 
of defendant. 

At a meeting of the town of Salisbury, 24 : 12 : 1667: ''Also 
it was ordered y* y® land lying between y* river that comes 
from y® new meadowes & y* mill river y* comes to y^ head 
thereof shalbe divided to all the townsmen Inhabiting y* 
old towne of Salisbury according to y* rule two, fower, six 
& eight to be pportioned by y* seven men here under named 
or any fower of them: Cap* Pike, M' winsly: Rich** Wells: 
William Brown, George Goldwyer, Edward French: Andrew 
Grele." Copy made by Tho. Bradbury,* recorder. 

''Racond with william Osgood on acct. of town of Salsbery 
the 10***: of the 12*"**: 1664 and all accounts Cleare to this 
day I say accounted by mee all the account of the saw: mill. 
Andrew Grele."* Sworn in court. 

Henery Browne* accounted with Will. Osgood, 10 : 12 : 
1663, in full for the rent of the mill. Wit: Rich. Courrier.* 
Sworn, Mar. 28, 1682, before N. Saltonstall,* assistant. 

William Osgood, jr., testified that the mill about which he 
had formerly testified, estimating how many thousand feet of 
boards Mr. Mudgett had cut, was the saw mill that was last 
built in the bounds of Salisbury. Sworn, Mar. 24, 1681-2, 
before Nath. Saltonstall,* assistant. 

Isaac Morrill testified that a great part of the land is laid 
out and improved, both land and timber, by the townsmen 
that was granted to Goodman Osgood. Also that the mill 
formerly set up is rotted down and has been down for about 
eleven years. John Osgood testified to the same. Sworn in 
court. 

Richard Currier, aged about sixty-five years, testified that 
he witnessed the signature of Henery Brown's accounting with 
William Osgood, by order from the selectmen of Amsbury 
as Browne told him. Sworn, Mar. 24, 1682, before Nath. 
Saltonstall,* assistant. 

Copy from the Salisbury town records made by Tho. Brad- 
bury,* recorder: 

"Att a gen*^ meeting of y* towne of Salisbury 23* of Nove. 
1660 It was ordered y* William Osgood shall haue liberty 
to make use of all y* pine trees on y* part of y* common lying 
between y* west side of y* path y* leadeth from y* house of 
Jn** Bayly unto Exiter, & y* north side of y* great pond, on 
condition y* hee shall sett up a saw mill before y« last of May 

* Autograph. 



252 IPSWICH QUABTEBLT couBT [Mar. 

w** shall bee in y« yeare 1652; or if itt bee not finished; by y* 
time then y« afore^d libertie shalbee voyd: And further y* 
«** W"* Osgood doth covenant y* hee will pay unto y^ town 
of Salisbury one half hundered of board & plank Marchantable 
for every thousand that y* mill shall saw, valluable accord- 
ing to y** common price pvided y* y* townsmen shall haue 
libertie at all times to make use of any pine trees either for 
Canoas or to saw w*** y* whip saw, or for any other necessary 
use but not to sett up any other Sawmill: pvided no man 
-shall fell any pine trees w*** in this liberty & shall lett them 
lie (& not make use of them) aboue two months, but they 
-shall bee forfeited paying them for y« falling of them. 

*'Att a genii, meeting of y* town of Salisbury march y* 
7*** 1680-81 It was voted thai y** towne will psecute their 
Agreem* with William Osgood about their rent due for y* 
saw mill in a corse of law: (And Ephraim Winsley was chosen 
to bee the towns Atturney to psecute in their behalf) accord- 
ing to the abousd agreem* w*** y* abousd Osgood." 

Jno. Osgood and Willi. Osgood, jr., testified that Tho. 
Mudgett had cut eighty or ninety thousand feet of boards 
-and planks upon the two quarter parts of that saw mill that 
was formerly Anthony Colbies, Sam. Worcester's and William 
Barns', and that most of it was plank. Sworn, Apr. 8, 1679, 
in Salisbury court. Copy made by Tho. Bradbury,* recorder. 

Phillip Grely and Jno. AUin testified that they had known 
this saw mill, commonly called the old mill, in Salisbury to 
be kept in constant use in sawing for ten or fifteen years. 
Since the mill has been repaired the owners have challenged 
their right by virtue of the town grant and forewarned de- 
ponents from taking away any timber. The mill used to cut 
with a full head of water a thousand feet of boards in twenty- 
four hours and they estimated that there were now at the 
mill about thirty thousand feet of boards and plank. Sworn 
in court. 

Robert Ring, sr., and Jervis Ring deposed. Sworn in 
<;ourt. 

Letter of attorney, dated Mar. 21, 1682, given by William 
(his mark) Osgoodf of Salisbury to his son John Osgood of 
•Salisbury. Wit: Robt. Pike* and John Stockman.* Sworn, 
Mar. 24, 1681, before Nath. Saltonstall,* assistant. 

Ephraim Winsley's bill of cost, 31i. lis. 8d. 

Copy of agreement, dated Nov. 4, 1658, whereas there is 
-a saw mill in possession of Wm. Osgood, Phil. Challis, Wm. 
Barnes, Anthony Colby and Samuell Worcester, copartners 
with said Colby in one-fourth part of the mill in Salisbury 
tipon Pawwaus river near the corn mill, they should keep 

* Autograph. f 8eal. 



1682] RBCOBDS AND FILES 253 

Joseph Mansfield, sr. v. Corporal John Newhall. For cut- 
ting and carrying away wood. Verdict for defendant.* 

it in good working order, and agreed to make good to Wm. 
Osgood the grant of the town; the timber to be equally di- 
vided among them and each partner to have the privilege of 
using the mill for sawing his own timber into boards or planks 
to be used only on the land where said Osgood now dwells 
for building or repairing, provided they bring the timber to 
the mill already cut; if any one of them makes a new way 
to any parcel of timber, the others were to pay part of the 
cost if they used said way; if any one of them cleared the 
river for floating down logs to the saw mill, the others should 
bear part of the charge if they used the river for this purpose, 
etc. ; each partner was to be allowed 3s. per day for what time 
he gave to repairs on the mill, if he be a good workman, and 
4s. per day for making the head block and 3s. per day for a 
hinder head block and 2s. 6d. for a wallower or sweep; each 
partner was to provide saws for himself and the saws now at 
the mill to be equally divided, except those for oak; each 
partner was to take the mill to run for a week and so in order 
through the year, Willi. Osgood beginning, followed by Colby, 
Worcester, Barnes and Challis in order; each was to lay 
his boards and logs at the mill where they had formerly. 
Wit: Tho. Bradbury, Humphrey Verney, Rodger (his mark) 
Easman and Jno. (his mark) Hoyt. Copy from Hampton 
court records, 1679, made by Tho. Bradbury,t recorder. 

*William Edmondsf certified on Mar. 24, 1681, that he 
was "ancient" and not able to go to court, and the land in 
controversy between Joseph Mansfeild and the two John 
Newhalls, all of Lin, which was four acres of land given 
said Edmonds about forty years ago by Lynn, etc. He sold 
this to the Newhalls. Wit: Benjamin Muzzy, sr.t 

John Burrell, sr., aged about forty-seven years, and Samuel 
Johnson, aged about thirty-nine years, deposed that they 
found the stumps of fifty-four trees, large and small, cut and 
carried away the past winter and appraised the damage at 
35s. in silver. Sworn, Mar. 25, 1682, before Bartho. Gedney,t 
assistant. 

John Burrell, sr., aged about forty-seven years, and Joseph 
Mansfeild, jr., aged about twenty-six years, testified that they 
were desired by Joseph Mansfeild, sr., to go to his lot lying 
by the fresh meadow and there they saw Corp. John Newhall 
and John, son of Anthony Newhall, cutting and carrying 
away wood with a team of four oxen, saying this land was 
theirs. The land adjoined Mr. Holliock's fresh marsh and 

t Autograph. 



254 IPSWICH QUARTERLY COURT [Mar. 

land that was called Goodman Coledom's. Sworn, Mar. 25, 
1682, before Bartho. Gedney,* assistant. 

Letter of attorney, dated Mar. 26, 1681-2, given by Joseph 
Mansfild, sr.,* of Lynn to his brother Andrew Mansfeild. 
Wit: Joseph (his mark) Mansfeild, jr. 

Letter of attorney, dated Mar. 27, 1682, given by John 
Newhall, sr.,* and John Newhall, jr.,* of Lynn, to Thomas 
Newhall of Lynn. Wit: John Davis* and Ebenezer Hathorne.* 

Oliver Purchis* certified on Mar. 14, 1680-1 that ten 
years ago when he was at the Iron works, formerly called 
Hammersmith, he was in great need of a tree to make an 
anvil block and found one that belonged to Joseph Mansfeild, 
sr., who said it was a bound tree in the line between him and 
John Newhall, then junior, or at the poplar tree. He said 
if Newhall consented, he could have it, which he did, and 
deponent felled the tree in the plain behind the mill street. 
Stones were laid upon the root to make the bound mark. 
Sworn, 5:5: 1681, before Thomas Laughton and Thomas 
Marshal, commissioners of Lyn. 

Record of Roberd Mansfeald's land, 1649, copied from the 
town records of Lyn, Mar. 24, 1681-2, by John Fuller,* town 
clerk: ''Tow plantting Lotts Lying together one belonged 
to Mathias Farnworth Howse wich he Reserued that is to say 
Roberd Mansfeild Reserued: the other Hee Bought of John 
Hall with his & Lands: the both Contayning seauen Akers 
moor or Lesse: Lying in the Litle playn that Lyeth norwest 
of the Fresh marsh: wich marsh Lyeth norwest of the water 
mill: bounded norwest with the Land of Samuell Bennitt: 
Lately in the Tennur of Edward Burcham southest with the 
Fresh marsh of m' HoUioake: Southerly oupon the Land of 
Thomas Couldum: butting Westerly uppon the Rockes: 
Esterly uppon the brooke." 

John Newell, sr.'s, bill of cost, 14s. 

John Newell, jr.'s, bill of cost, 18s. 

Copy of deed, dated June 16, 1652, Robert Mansfield of 
Lynn, yeoman, for love to his son Joseph Mansfield and for 
his own good and that of his wife in their old age, all his houses 
and lands, except six acres of salt marsh already made over 
to his son Andrew Mansfield by deed of gift to take possession 
of after his and his wife's death, two of which are in the salt 
marsh below the town, bounded by marsh of Nathaniell Hand- 
ford westerly, marsh of Andrew Mansfield easterly, north- 
erly upon Mr. Willes upland and southerly upon the river, 
three acres in the second division in Rumnye marsh bounded 
easterly by the marsh of Capt. Bridges and westerly by marsh 
of George Taylor, butting northerly upon the common and 

* Autograph. 



1682] BECORDS AND FILES 255 

southerly upon the marsh of Mr. Willes, one acre more in the 
same division, bounded westerly with the marsh of Will. Winter 
and easterly with the marsh of Mathew Westt, butting nor- 
therly upon the common, southerly upon Mr. Willes marsh, 
all of which were purchased of John Hall; all the rest of the 
houses and land, nine acres, the house lot bounded easterly 
by land of John Witt, westerly by land of Francis Burrall, 
butting southerly upon the country highway and northerly 
upon the rocks, with all the buildings upon it, and orchard; 
also seven acres bounded easterly with the fresh marsh of Mr. 
Holihock, westerly with the planting lot of or lately in the 
tenure of Edward Burcham, butting northerly on the brook 
that runs into the fresh marsh and southerly upon the rocks; 
also one ten acre lot promised and paid for to Lift. Walker; 
also five acres of upland and marsh joining together, bounded 
northerly by land of John Decon, westerly with land of Mr. 
Cobbit, easterly and southerly with the rivers, which land 
lay in the neck; three acres of salt marsh in the first division 
of Rumnye marsh, bounded easterly with the marsh of Capt. 
Bridges, westerly with the marsh of John Fuller, butting 
northerly upon the upland and southerly upon the common; 
two acres more in the same division, bounded easterly with 
the marsh of George Burrell, and westerly with the marsh of 
Capt. Keyne, butting northerly upon the cqmmon or creek, 
southerly upon the marsh of Mr. King; one acre more in the 
second division in Rumnye marsh, bounded easterly with 
the marsh of Tho. Laughton, and westerly with the marsh of 
Tho. Newill, butting northerly upon the common, southerly 
upon Mr. Willes' marsh; one acre more in the same division 
bounded easterly with the marsh of Capt. Bridges, butting 
northerly on the upland or swamp and southerly on the marsh 
of John Witt; and also what other fresh marsh he had in the 
country, about five acres; one half of this said Joseph was 
to have at present and the other half at the decease of said 
Robert, the widow's thirds to be considered, Joseph to carry 
on the ifarm at his own cost, having what personal help Robert 
could comfortably give in his old age, and while it could not 
be expected that Robert could equalize Joseph's strength, 
Robert tendered him two cows, half his team, with one-half 
of the furniture, plow, carts, chairs, yokes and at his death 
and his now wife's death, the whole furniture he now has 
for his team, and at the death of both, the bed Joseph now 
lay upon; it was the intention of said Robert that the two 
families live together and share equally in everything and 
if they could not live comfortably together, Joseph was to 
carry it on separately paying his father and mother a pro- 
portionate part, etc.; if Joseph died without issue, his wife 
who was Elizabeth, daughter of Edmond Needham, was 



256 IPSWICH QUABTERLT couBT [Mar. 

Joseph Mansfield, sr. v. John Newhall. For cutting and 
carrying away wood. Withdrawn.* 

to have 501i. out of the estate, which is a double portion. 
Signed by Ed (his mark) Needham. Wit: Tho. Cobbitt 
and Andrew Mansfield. Acknowledged by said Needham, 
29 : 1 : 1653, before Robert Bridges. Recorded in the Salem 
records for lands, book 3, folio 7, on 1 : 1 : 1666, by Hilliard 
Veren, recorder. Copy made by Robert Lord,t cleric. 

Writ, dated Mar. 21, 1681-2, for carrying away wood from 
land in Lynn, which was formerly William Edmonds, west of 
Mr. HoUioak's fresh marsh and adjoining land of Clement 
Couldom and land that was Edward Burcham's, signed by 
John Fuller,t for the court and town of Lyn, and served by 
John Moare,t constable of Lynn, by attachment of a shop 
of Corp. Newhairs. 

*Writ: Joseph Mansfeald, sr. v. John Newhall of Lyn, 
son of Anthony Newhall; for carrying away wood, etc.; 
dated Mar. 21, 1681-2; signed by John Fuller,t for the court 
and town of Lyn, and served by John Moare,t constable of 
Lyne, by attachment of a barn of defendant. Also summons 
of the same date, signed by John Fuller,t for the court and 
town of Lyn. 

Copy of deed, dated 20 : 11 : 1679, from William Edmonds 
of Lynn, tailor, for 30s. to John Newhall, sr., of Lynn, son of 
Thomas Newhall and John Newhall, 2d, of Lynn, son of 
Anthony Newhall, four acres, bounded by land once John 
Leg's on the north, formerly Robert Mansfeild's on the south, 
east on the brook and west by the town common or ten acre 
lots. Wit: Hugh Lattemore, Ebenezer Hathorne, John 

Bennett and Oliver Purchase. Acknowledged, Nov. 23, , 

before Hum. Davie, assistant. Copy made by Robert Lord,t 
cleric. 

Andrew Mansfeild, aged about sixty years, deposed that 
about forty-three years since his brother John Mansfeild and 
himself bought of one Manton, so called, a little house, lot 
and a planting lot, the latter being the lot now in controversy. 
The next summer their father Robert Mansfeild came into 
the country and they surrendered this estate to him. Manton 
had bought it of William Edmonds. Two or three years 
afterward deponent was with his father when Edmonds 
showed them the bounds which were a great white oak and 
a walnut tree marked, between this land and the lot which 
was Edward Burcham's. Sworn in court. 

Andrew Mansfeild, aged about sixty years, and Joseph 
Mansfeild, jr., aged about twenty-five years, testified that 

t Autograph. 



1682] RECORDS AND FILB8 257 

John Keazer, assignee of John Johnson of Haverill and 
attorney of George Eeazer, administrator of the estate of 
John Gillow v. Richard Haven. Breach of a lease. Verdict 
for plaintiff. On Jan. 1, 1684, execution was delivered to 
Tho. Mould, Jno. Eezar's attorney, as attest, Jno. Appleton, 
cleric* 

they went to William Edmonds, who said that when he bought 
the house and house lot of old father Mansfeild, etc. Sworn 
in court. 

Andrew Mansfeild,t aged about sixty years, deposed that 
he laid stones at the root of the bound tree in the presence 
of Lieut. Oliver Purchis and Joshua Rhoades, and the new 
bound tree was a walnut near the rocks. Sworn, 5:5: 1681, 
before Thomas Laughton and Thomas Marshal. 

^'This 19**^ of March 1679-80. 

"Loueing Freinds John Newhall, senior & John NewhalU 
junio' as Concerning the Lot neare to the fresh marsh which 
was mine, which I haue -sould you uppon the condicion it 
was not alienated before, I haue furder considered of it, & 
matters brought to my minde about the Alienateing of it, 
that I would haue you desist, & intreat you, not to make 
any trouble about it. 

'* Witt: Edward Baker, Andrew Mansfeild. Yours in Loue: 
William Edmonds." 

Andrew Mansfeild testified that Edmonds told' him the 
Newhalls sought him to buy the land in controversy and 
not he them, and that he was troubled much that he sold 
it to them and it had broken his rest many nights. If the 
Newhalls got the day at law, he would not keep any part, 
of the price but would give it to Joseph Mansfeild, etc^ 
Sworn in court. 

♦Writ, dated Mar. 21, 1681-2, signed by John Fuller,t 
for the court and town of Lyn, and served by John Moare,t 
constable of Lyne, by attachment of a bay horse of defendant.. 

Lease, dated Mar. 13, 1674-5, from Sergt. John Johnsonf 
of Haverhill and Sarah, his wife, who was formerly wife of* 
John Gillo of Lyn, and his executrix, to Richard Haven, jr.,. 
of Lynn, all the houses and land in Lyn given to her by will 
of said Gillo, excepting three acres of fresh meadow lying 
by Mr. Holyoake's ditch, some meadow lying by Jacob Knight's 
land and some meadow lying before Goodman John Ramsdell, 
sr.'s, door, running westward as far as a stone wall of Samll. 
Hart's by the bridge between Lynn and Capt. Marshall's 
now dwelling place; Haven was to pay 61i. in silver money 

t Autograph. 



17 



258 IPSWICH QUABTEBLT couBT [Mar* 

and one barrel of clear cider annually for seven years, and 
was to bear all rates and assessments; Johnson was to allow 
him 51i. at the end of the term of the lease if the housing be 
made tenantable, as one end of the dwelling house at this 
time is out of repair; if the house should burn down, by no 
neglect of Haven, Johnson should stand the charge; if Haven 
should vacate, he must give a year's notice; the former agree- 
ment made between Richard and Sarah, the present wife of 
Johnson, was declared void. Wit: Nath. Saltonstidl,* Daniell 
Ela* and Anthony Ashby.* John Johnson* certified. Mar. 10, 
1676-7, that he assigned this lease to John Eeyzar on Feb. 26, 
1676. Wit: Nath. SaltonstalP and Nathaniel Smith.* 

Assignment of the lease, dated Feb. 26, 1676, by John 
Johnson* to John Eeyzar, both of Haverhill, as his attorney 
and as feoffee in trust for the benefit of the children which 
his last wife had by her former husband John Gillo of Lyn, 
before said Johnson's marriage to her, she being now deceased. 
Wit: Nath. Saltonstall* and Nathanil Smith.* Sworn, Mar. 
28, 1682, before N. SaltonstaU,* assistant. 

John Eeyzer's bill of cost, 41i. 6s. 2d. 

Richard Haven's appeal, claiming a vexatious suit, and 
that it was brought only to please the evil wills of others, as 
he had always paid his rent, etc. 

Thomas Browne, sr., aged fifty-five years, and Thomas 
Mould, aged thirty-five years, testified that they were at 
Mrs. Hawthorn's house at Lin when John Eeyzer of Haverhill 
and Richard Haven, jr., of Lin were there and Goodman 
Potter wrote an agreement for Keyzer and Haven. Keyzer 
demanded 41i. more than was written, that is, 20s. for the 
bridge, 20s. for cutting down the wood, 20s. for damage to 
the orchard and 20s. for charges, which Haven* refused to 
pay. Sworn, Mar. 28, 1682, before Bartho. Gedney,* assistant. 

Joseph Browne, aged twenty-three years, with the fore- 
going deponents, deposed that Keyzer desired Haven to get 
:a man to go with him to view the fence and buildings, but 
he refused. Sworn, Mar. 27, 1682, before Bartho. Gedney,* 
assistant. 

Richard Haven, sr., aged about sixty-four years, Daniel 
Gott, aged about thirty-six years, and Nathaniel Hathorne, 
aged about twenty-one years, deposed that Haven asked 
Kesar for a copy of the lease that he might know what he 
was to do about fences and buildings, for the frost was in 
the ground and he could not then set up fence. Kesar said 
he would wait a month provided Haven would get two men 
to be bound for him, which he did, but Kesar would not accept 
it. Sworn, Mar. 27, 1682, before B. Gedney,* assistant. 

* Autograph. 



1682] RSC0BD8 AND FILES 259 

Sarah Stickny, widow v. John Atkinson. Slander. Ver- 
dict for plaintiff.* 

Sargent Heaven and Danniell Gott deposed. Sworn, 
Mar. 27, 1682, before B. Gedney,t assistant. 

Robert Burgis, aged about sixty years, Clement Coldom, 
aged about fifty-eight years, and Robart Potter, aged about 
fifty-eight years, and Robert Pottar, aged about fifty-two 
years, testified that they viewed the "living" at Lyn on 
Mar. 17, 1682, and found 46 rods of the general fence by 
the fresh marsh, which was almost all hedge fence, insufficient; 
from Danill Gott's fence to Gillo's house, 10 poles, little or 
no fence; from Ramsdell's corner by Richard Whod's lot to 
the dwelling house of Gillo, 22 poles, no fence, it being the 
side of the orchard next to the field; from Gillo's house by 
the country road until the fence joins with John Ramsdell's, 
the outside of the orchard, 24 rods, with fencing stuff on it| 
but out of repair; at Samuell Hart's lane, 5 rods, wants re- 
pairing; fence by Jonathan Hudson, 46 rods, about 10 or 12 
rods has fence; at the bridge foot lot, 16 rods, some fence 
stuff on it, and 7 rods on the ditch wanting a fence. In all 
there were 55 poles with fence but it needed many new posts 
and rails and needed to be reset, which was worth 30s. There 
were 110 rods insufficient and to make a good five rail fence 
would cost 2s. per pole; the barn would cost 41i. lOs. to repair 
and the bridge between the house and barn when Haven took 
the place was worth 20s., but had now almost disappeared, and 
in not keeping the orchard fenced, the cattle had damaged the 
trees. Sworn, Mar. 27, 1682, before Bartho. Gedney,t assistant. 

Thomas Browne, sr., deposed that two years ago he carted 
ten loads of cord wood for Haven of this land to Joseph Mans- 
feild's landing place, also five cattle, for which he was to be 
paid as soon as Haven could sell them. Sworn, Mar. 27, 1682, 
before Barthol. Gedney,t assistant. 

Robert Potter, Robert Burdges, Thomas Browne, sr., and 
Aquilla Ramsdell, all near neighbors to Haven, testified that 
Haven never set any new posts or rails while he lived there, 
etc. Sworn, Mar. 27, 1682, before B. Gedney,t assistant. 

Nathaniel Hathorne, aged about twenty-one years, testified. 
Sworn, Mar. 27, 1682, before Bartho. Gedney,t assistant. 

Letter of attorney, dated Mar. 20, 1681-2, from Georg 
KeysarJ of Salem, tanner, guardian of Robert and Sara, 
children of John Gilloe of Lynn, deceased, to his son John 
Keaser. Wit: Hilliard Verenf and Henery Skerry, sr.f 
Acknowledged, Mar. 20, 1681-2, before B. Gedney,t assistant. 

♦Sara Stickney's bill of cost, 21i. 4s. 4d. 

t Autograph. t Autograph and seal. 



260 IPSWICH QUABTBRLT GOUBT [Mar. 

Hugh March v. John March. Verdict for defendant.* 
John Atkinson v. Sarah Stickney, widow. Slander. Ver- 
dict for plaintiff.f 

*Writ: Hugh March, sr. v. John March of Newbury; for 
non-payment of a debt for goods received; dated Mar. 22, 
1681-2; signed by Anthony Somerby,t clerk for Newbury; 
and served by Joseph Pike,t constable of Newbury. Bond 
of John March^ John Stockman and Joseph (his mark) 
Flechar. 

John March's bill of cost, Hi. 9s. 

Tristram CoflBn, aged fifty years, testified that Hugh told 
him that his son John March gave him two bills amounting 
to 801i. for wine, liquor, cider, pork, hops, candles, horse, 
cart, wheels and other goods. John had paid 201i., but 601i. 
was in a bill to be paid in six years which Hugh had not re- 
ceived. Sworn in court. 

Tristram Coffin testified that John March acknowledged 
the account, etc. Also that Hugh March said John owed 
him for house rent, etc. Sworn in court. 

Joseph Pike, aged about forty-three years, testified as to 
the quarrel between Hugh March and his son about accounts, 
and deponent and Sargeant Caleb Moody labored to have 
them agree, etc. Sworn in court. 

Invoice of goods received by John March of Hugh March, 
sr., in Jan., 1679: 1 Cart and wheles and lorn to it, 21i.; 3 
swine, 21i. 10s.; 1 horse, 21i. 10s.; horse tackling, 10s.; one 
hodghed of rum and part of another, Sli. 15s.; 5 busshels of 
wheate, Hi.; 11 bosshels of malt, Hi. 14s.; 2 barrells of porcke, 
51i.; 6 bosshells of meale, 15s.; 2 fliches of bakon, Hi. 12s.; 
1401i. hops, 21i. 12s.; 12 pound of lard, 4s.; suger, 18s.; tallow 
to macke candeles, 18s.; 16 barrells of sider, barrells and 
all, 81i.; 16 bushells of ots, 21i.; cor fish and dry fish, 10s.; 
1 payr of cards, 3s.; 16 pound of butter, 8s.; 1 hodghed of 
malases and part of another, 31i.; 293 gallons of wine, 401i. 5s. 

Daniel Ela testified that John March owned the foregoing 
items but said the appraisal was too dear. 

James March, aged about eighteen years, deposed that his 
brother John, etc. 

Hugh March, sr., deposed. Sworn in court. 

tWrit, dated Dec. 22, 1681, signed by Anthony Somerby,t 
clerk for Newbury, and served by Joseph Pike,t constable of 
Newbury, by attachment of the dwelling house and land of 
defendant. Bond of Sarah (her mark) Sticknee. 

John Atkinson's bill of cost, 21i. 4d. 

Sarah Stickny made oath that John Atkinson was the 

X Autograph. 



1682] RECORDS AND FILES 261 

father of that child which she brought into court and for 
which she asked maintenance. 

Summons, dated Dec. 15, 1681, for the appearance of John 
Atkinson upon complaint of Sarah Stickney that he is the 
father of her last child, which fact she had concealed upon 
his promise to maintain the child which he now refuses to do, 
also to said Sarah and her son to give evidence, signed by 
Daniel Denison.* 

Richard Brown, aged thirty-two years, deposed that he 
was at the widow Stickney's house groundpinning a leanto 
last October and Goodman Adkinson was there, etc. Sworn 
in court. 

John March, aged twenty-three years, testified that last 
fall he, Samll. Lowle and John Atkinson, jr., were riding in 
a cart by Sarah Stickney's house. Deponent called to her 
and said '*here is Samll. Lowle what have you to say to him?" 
She replied, "A you roge, yonder is yor Child under the tree, 
goe take it up and see it." Lowle replied it was none of his, 
etc. Sworn in court. 

Jonathan Haynes, aged about thirty-five years, testified. 
Sworn in court. 

John Steckny testified that for the sheep that Jonathan 
Hayns had of his mother, said Hayns was to pay 5s. in barley. 
Sworn in court. 

Goorg Littel testified that he went along with Nicholas 
Rawlings to John Atkinson's to make an end of the differ- 
ences about the money which he said he lent to Atkinson. 
Sworn in court. 

John Stekny testified that John Atkinson came to his 
mother's house and desired her to let deponent get some wine 
for him, and at last Atcinson gave him some money and he 
went to Mrs. Ann White's and brought back a quart. They 
both drank freely and Atcinson sent deponent to bed, etc. 
Sworn, Dec. 20, 1681, by Daniel Denison.* 

Nicolas Rawlings* testified that Jonathan Hains said that 
the widow Stickne said the child was not Samuel Loel's but 
another man's child in the town, etc. Sworn in court. 

James Mirack, aged about thirty-one years, and Hannah 
Mirack, his wife, aged about twenty-two years, deposed 
that Sarah Stickney came into their house and told them 
that their brother John Attkinson came from Haverhill and 
brought her news of her son at Bradford and of her sister- 
in-law Faith. Atkinson was about to hire a house of said 
Faith, etc. Sworn in court. 

Hanah Merrek, wife of James, and Hanah Merrek, his 
sister, testified that Sarah Stickney came into Jonathan 

* Autograph. 



262 IPSWICH QUABTBBLT COURT [Mar» 

Haynes' house when John Atkinson and his wife were there 
and asked said John if he were going to deny his child, where- 
upon John's wife called her an impudent baud. Then Sarah 
used such opprobrious, reproachful and reviling speeches 
that Haynes told her to go out of the house but she would 
not depart. Then Goody Atkinson stepped to Goody Stick- 
ney ''and Clapt her hand in her face and sd she would spit 
in the face of any that should call her a baud: and spit att 
her." Sworn in court. 

Marget Mireck, aged about fifty-nine years, and Hannah 
Chainy, aged about thirty-eight years, testified that Sarah 
said she never had money of any man living to pay her fine 
nor for the child's maintenance. Some of her money was 
from Goodman Downer for sheep that she sold and the rest 
was from Goodman Pilsbury. Sworn in court. 

Sara Stickny afiirmed that John Atkinson called her out 
of her house, told her that the court was near and he was 
going to Boston. He gave her 30s. in money and asked her 
to be true to him. John Stickny, her son, testified to the 
same and that when Atkinson came to their house, he bade 
deponent put his horse out of sight. Sworn, Dec. 20, 1681, 
before Daniel Denison.* 

Ane Thurell, William Morse, Anthony Morse, Johuah 
Morse, Hester Smith and Frances Thorla testified that Sarah 
Stickny told them after she returned from court that the 
magistrates had dealt very favorably with her and better 
than she deserved and she had great respect for them all. 
Sworn in court. 

Joshua Mors, aged twenty-seven years, deposed that he 
was at the house of his sister, Sarah Stickny, when Epheram 
Wheller, John Atkinson's man, came to plow and sow her 
rye, etc. Sworn, Mar. 23, 1682, before Daniel Denison.* 

John Stickny, aged about sixteen years, testified. Sworn, 
Mar. 27, 1682, before Daniel Denison.* 

Robert Savory of Bradford, aged about forty-eight years, 
deposed that he went to buy a cow at Stickny's house, etc. 
Sworn in court. 

John Stickny testified that after his mother's child was 
born Atkinson came to see her, took the child in his arms and 
kissed it, etc. Sworn, Dec. 20, 1681, before Daniel Denison.* 

Elizabeth Browne testified that she was with Sarah at 
the birth of the child and she told her Samuel Lowel was the 
father, and when he went away he said he would bring her 
whittles and clouts. Sworn in court. 

James Mireck, jr., aged thirty-one years, deposed. Sworn 
in court. 

* Autograph. 



1682] RECORDS AND FILES 263 

Joseph Peasly v. Josiah Clarke. Appeal from a judgment 
of Capt. Saltonstall, Dec. 27, 1681. Special verdict. If 
one testimony of a bargain with testimony that the person 
bargained with owned that the staves were ready or he could 
quickly have them ready and did not own or deny it at the 
trial be legal proof, they found for defendant, confirmation 
of the former judgment; if not, they found a reversion of the 
former judgment. Court judged that one positive evidence 
and other evidences in the case were good in law and found 
for defendant, confirmation of the former judgment. Appealed 
to the next Court of Assistants. Joseph Peasly bound, with 
Robert Ring and James Sanders as sureties.* 

Necolas RoUens testified that John Atkinson paid him the 
money he owed him because he was afraid he would witness 
against him and as he said disgrace him and his family. Sworn 
in court. 

John Woolcot, sr., testified that he was at Goodman Chene's 
house when Goody Cheni asked him who was the father of 
Sarah's child, etc. Sworn in court. 

Hana Merick, aged about twenty-five years, testified that 
being at her brother's house with her cousin Sara Adcasun, 
etc. John Atkinson, aged about fifteen years, testified that 
Wheeler plowed for Sarah Stickny when his father was in 
Boston, etc. Sworn in court. 

Henery Akers testified about the money that Nicolas Rbllens 
loaned John Atkinson, etc. Sworn in court. 

William Morse, aged sixty-seven years, testified that At- 
kinson said before the honored major that he had not been at 
Sarah's house for seven years. John Stickny testified to the 
same. Sworn in court. 

Johannah Morse, aged twenty years, testified. 

*Copy of papers in this action, at Haverhill, Dec. 27, 1681, 
before Nath. Saltonstall,t assistant: 

Writ: Josiah Clarke of Ipswich v. Joseph Peasly, for not 
delivering 1 M. white oak hogshead staves in the summer of 
1681 at a landing place in Haverhill so as to be ready to be 
transported in a boat then building by John Haseltine for 
Mr. Francis Wainewright; dated Dec. 15, 1681; signed 
by Nath. Saltonstall, assistant; and served by John Griflfen, 
deputy for Robert Lord, marshal, by attachment of two acres 
of land near defendant's old house, adjoining the highway, 
which his wife said was his "for ought she knew." 

Judgment for plaintiff, the staves to be delivered. Appealed 

t Autograph. 



264 IPSWICH QUABTEBLT couBT [Mar. 

John Atkinson v. John Woolcott. Slander. Verdict for de- 
fendant. Appealed to the next Court of Assistants. Plaintiff 
bound, with Joseph Peasly and James Sanders as sureties.* 

to the next Ipswich court. Defendant bound, with John 
Clement and Benjamin Singletery as sureties. 

Robert Clement, sr., deposed that when Tho. Newman 
and Mr. Wainewright's man came up for the boat which 
Haseltine built, Josiah Clarke desired deponent to cull a 
thousand hogshead staves which he had bought of Joseph 
Peasley. He went with said Clarke down to Clarke's uncle's 
and told him to tell Peasly he had his culler with him and was 
going down into the plain to the landing place. Deponent 
and Clarke went down and tarried until his uncle came, say- 
ing that Peasly said he had no staves at the water side but if 
he had known he was coming he would have had them ready. 
Sworn, 27 : 10 : 1681, before Nath. Saltonstall,t assistant. 

Edward Clarke testified that he heard the bargain made 
at the last Ipswich court at Quartermaster Perkins' house. 
James Sanders was to bring the staves to Ipswich or if not 
he, they were to be sent in the new boat. He heard Josiah 
Clarke proffer his pay at Merchant Wainewright's, Deacon 
Goodhew's or Mr. John Appleton's, but Peasly said he did not 
like to take his pay until he delivered the staves. Later 
deponent reckoned with Peasly and he told deponent that 
he thought he had taken something of his cousin Josiah upon 
his account. Sworn, 27 : 10 : 1684, before Nath. SaltonstalLf 

Joseph Clarke deposed that when he came home to Haver- 
hill, etc. 

Edward Clarke deposed. 

Joseph Peasley's bill of cost. 

Josiah Clark's bill of cost, 15s. 6d. 

Joseph Pesly'st reasons of appeal, received Mar. 22, 1681-2, 
by Nath. Saltonstall,t assistant. 

Josiah Clark'sf answer. 

*Writ: John Atkinson of Newbury v. John Woolcote of 
Newbury; slander; for reporting that he tried to cheat de- 
fendant of about 241i. by using means to persuade said WooU- 
cott's wife to sign a receipt, which she would have done had 
not her son-in-law Chadwick prevented, which made Atkin- 
son very angry, Chadwick making another receipt for the 
true amount which she signed and gave to Atkinson; dated 
Mar. 21, 1681-2; signed by Anthony Somerby,t cleric for 
Newbury; and signed by Joseph Pike,t constable of New- 
bury, by attachment of the dwelling house of defendant. 

John Atkinson's bill of cost, 21i. 18s. 2d. 

t Autograph* 



1682] RECORDS AND FILES 265 

Andrew Grely v. John Griffing. Debt. Verdict for plain- 
tiff.* 

John Clements v. Nathaniell Merrill. For not fulfilling 
a. bargain. Verdict for defendant. Appealed to the next 
Court of Assistants. Plaintiff bounds with Abraham Clement 
and James Sanders as sureties.f 

John Woolcot's bill of cost, Is. 4d. 

Receipt, dated Nov. 15, 1675, from Mary (her mark) WoU- 
<5ot for 141i. 2s. 6d. in pork and barley to John Atkinson, for 
land purchased of Jno. Woolcut and Mary, his wife, for which 
he was to pay 501i. Wit: James Mireck| and Benjamin 
Plumer.t Timothy Woodbridgef certified on Mar. 20, 1681-2 
that he wrote the foregoing receipt. Wit: Jo. WoodbridgeJ 
and John Webster.J Sworn in court. 

James Myrack, jr., aged about thirty-one years, testified 
that he saw the receipt given. Sworn in court. 

Joseph Pike, aged forty-three years, deposed that John 
Woolcot, sr., was at his house this last winter and told him 
how Atkinson tried to cheat his wife when he was at the Nar- 
raganset, etc. Sworn in court. 

Tfistrum Coffin, aged about fifty years, testified that 
Thomas Chadwick told his mother-in-law, Mary Woolcot 
not to sign the receipt until she knew what it was, etc. Sworn 
in court. 

John Webster, aged forty-nine years, deposed that when 
Atkinson asked Mary to sign the receipt she said that she 
could not write and he said he had it all written, etc. Sworn 
in court. 

* Andrew Greely's bill of cost, Tho. Davis, witness, etc., 
lU. 8s. 

tWrit: John Clement of Haverhill v. Nathaniel Merrill; 
for not fulfilling a bargain made a year ago Michaelmasse 
by which John Merrill, defendant's son, was to live with 
Clement for five months for 51i., the money having been paid 
but the service not given; dated Feb. 25, 1681; signed by 
Nath. Saltonstall,t assistant; and served by Joseph Pike,| 
constable of Newbury. Bond of Nathll. (his mark) MerreU. 

John Clement's bill of cost, 31i. 

Copy of writ: Nathaniell Merrill v. Abraham Clements; 
debt; for not paying 51i. in barley or barley malt and 10s. 
in money about his son John Merrill; signed by Anthony 
Somerby, cleric for Newbury, and served by Joseph Pike,t 
constable of Newbury. 

"Louing brother Abraham Clement pray be plesed to pay 

t Autograph. 



266 IPSWICH QUARTERLT GOTTBT [Mar» 

to Natbaniell Merrill of Nubery fiue pounds for me which 
is the fiue pounds that I ingadged to pay for you which you 
were bound to pay by your indentuer, the said merrill ex- 
septing of me pay master when he ingadged his sunn John 
Merrill to me for fiue munths upon that acompt, & in so 
doing you will oblidg me who am your louing brother to comd 
"deat this 1 : 12 : 1681. John Clements.""^ 

Abraham Clements testified that he paid the amount asked 
for in the foregoing. Sworn in court. 

Nathaniel MerrU's bill of cost, 21i. 6s. 4d. 

Abraham Clements testified that John Merrill lived with 
him ten months and was very well started in the trade of 
a carpenter so that he could do as much as most men under 
a head workman. John Clements lost much by not having 
MerrilFs keep because he was about to build a house at that 
time and was obliged to hire another man. Deponent helped 
to build the house. Sworn in court. 

Indenture, dated Feb. 22, 1681, Abraham Clemans, house 
carpenter, now resident of Newbury, and John Sawyer, planter, 
of Newbury, in consideration of an agreement between Nath- 
aniel Merrill, planter, of Newbury and Abraham Clemans, 
upon account of clothes which Clemans was to allow John 
Merrill, son of Nathaneel, promise to pay to Merrill 31i. lOs. 
in barley or barley malt at any malt house near the water 
side and 6s. in money. Wit: Aquila Chase* and William Chad- 
wick.* The latter testified that Nathaniell Merrill, sr., owned 
that this bill was satisfied, for Thomas Mould showed him 
the bill. 

William Chadwick, aged thirty years, deposed that when 
Abraham Clements gave Merrill a bill for the pay, Nathaniell 
Merrill, jr., said he was afraid there was some trick in it, etc. 
Sworn in court. 

John Whittier, aged about thirty years, deposed that he 
was asked to be a witness to the bargain between Merrill 
and Clements, etc. Daniel Clemant was also present. Sworn^ 
Mar. 25, 1682, before Nath. Saltonstall,* assistant. 

Daniell Clement, aged about twenty-six years, and Abraham 
Clement, aged about twenty-four years, deposed that the 
latter being about to take a voyage to sea, he was to deliver 
his apprentice John Merrill to his father Nathaniel Merrill. 
It was later agreed that John should go up to Haverhill to 
work for John Clement as a carpenter. Abraham Clement 
deposed. Sworn, Mar. 27, 1682, before N. Saltonstall,* 
assistant. 

Abraham Marrill and Acquilla Chase deposed. Sworn in 
court. 

* Autograph. 



1682] BEGORDB AND FILES 267 

Thomas Lever v. John Scales and John Acie. Trespass. 
Verdict for plaintiff, the land in controversy.* 

John Merrill, aged nineteen years, and Nathanael Merrill^ 
jr., aged seventeen years, deposed concerning the agreement, 
"our fathar Nath: Merrell made an objection: and said to- 
John Clemant how shal my son John come to haverail: he 
was nevar than he douth not know the way." Clement 
promised to come and get him. Nathaniael Marrill, sr., 
affirmed the same. Sworn in court. 

*Writ: Thomas Leaver, jr. v. John Scails and John Acy; 
trespass, for challenging several trees within plaintiff's land 
to be their bound trees in the field commonly called Symons 
field in Newbury; dated Mar. 22, 1681-2; signed by Thomas 
Leaver,t clerk of the writs for Rowley; and served by Jer- 
emiah Elsworth,t constable of Rowley, by attachment of the 
houses and lands adjoining the houses of said Seals and Acy. 

Damage sustained by Thomas Leaver, jr., by defendant's 
challenging the land, himself and the three men appointed 
by the town to rectify bounds, one day, two years ago, 8s.; 
the year after, one corner bound which the men the year 
before had concluded to be the ancient bound betwixt them 
he desired the men to go again, 8s.; several years ago when 
John Acy made his first claim, two men one day to show the 
bounds, 4s.; himself and three men to settle the bounds, 88.; 
two men to measure the land, one day, 4s. John Pickard, 
Ezekiel Northend and John Johnson testified to the same. 
Sworn in court. 

Copy from the town book of Rowley, Mar. 8, 1681, by 
Philip Nelson,t recorder: 

"To Richard Swan six Acres be it more or less, one Acre 
of it beinge part of his second diuision, liinge on the west 
side of Thomas Burkbees Land buttinge as aforesaid only 
a littell side of the west side ioineth upon some common land 
through all these above mentioned lots, there is allowance 
for a cart way that so each of them, and the lots that are 
laide out, beyond them, may haue sufficient and conuenient 
passage without disturbance. 

"To Thomas Leuer four Acres be it more or les, one Acre 
of it beinge part of his second diuision, liing on the west side 
of Richard Swans Land, buttinge on the common on the 
south end, the North end buttinge on Simons brooke. 

"To Thomas Tenney, three Acres, be it more or less, liinge 
on the west side of thomas Leuers Land, the south end butting 
against common land, the north end abuttinge on Simons, 
brooke. 

t Autograph. 



1268 IPSWICH QUARTEBLY COX7BT [Mar. 

"To John Scales four Acres and twenty seauen rods, be it 
more or less, one hundred and seauen rods of it is for want 
of the share of one Acre and halfe lot in the marsh feild, part 
of it lieth against the west end of his polipod lot, and against 
the west ends of William Sticknees, and william Scales polipod 
lots, the rest of it lieth on the west side of Thomas Tennies 
first diuision of land, the south end butting against common 
land, the North end buttinge on Simon's brooke, the west 
side bounded in a swampe against William Acie Land. 

"To William Acie four Acres be it more or less, liinge on 
the west of a swampe, against the west side of John Scales 
his land, the North end abuttinge against Simons brooke, 
the south end abutting against common land the west side 
bounded by land of Mr. Sammuell Philips, hauinge a highway 
through it, for the lots beyond it." 

"To Thomas Leauer two Acres be it more or les lieing on 
The north side of Richard Swans lands: the east side bounded 
by a highway alowed for Richard Swan or any beyond as 
marke Prime and Edward Hazen to Come into the highway 
ouer the lots: The west side bounded on the swamp by sev- 
erall marked trees Bounding william acys land and it: The 
north end of it Joyning partly to the South end of his owne 
first devision of land and partly to the first division of Thomas 
Teny and John Scails lands." Copy from the book of records 
of lands of Rowley, Apr. 14, 1680, by Phillip Nellson,* recorder. 
Recorded in the record of lands for Essex, liber 4, page 362. 

Charles Brown and Ebenezer Brown deposed that the 
land on the south side of the swamp claimed by Leaver could 
be improved by plowing, as a great part of William Acie's 
has on the north side. Sworn in court. 

"Att a Legall towne meeting held the 28 of February 1678: 
John Pickard, Ezekiell Northend and John Johnson were 
Aponted by the towne to determine acording to their best 
light any difference betwixt one man and another Respecting 
bounds of land or meadow." Copy from the town book, 
28 : 1 : 1682, by Thomas Lambertt,* keeper of the book. 

Thomas Leaver's bill of cost, 21i. 9s. 8d. 

The committee appointed by the town to settle the bounds, 
being desired by Leaver who complained that the small ash 
tree that was settled on by them last year as a corner bound 
was cut up, went with him on Apr. 27, 1681 and marked the 
49tump of the tree by laying stones by it, and also marked 
other new trees. Sworn in court. 

Thomas Leaver, sr., aged sixtynseven years, testified that 
being with Capt. Brocklebanke, Richard Swan and Ezekiell 
JNorthend, lot layers, etc. Sworn in court. 

* Autograph. 



1682] BECORD8 AND FILES 269" 

John Johnson, John Pickard and Ezekiell Northend, ap- 
pointed by the town to rectify bounds, certified that they 
settled the bounds between Leaver, Scales and Acy, and con* 
eluded that the ancient bounds between Leaver and Scales 
was on a line from a red oak which was the corner bounds 
between Thomas Teny and John Scales, to a small ash tree 
marked on three sides standing by a great stump about two* 
rods from the bridge going over the swamp between Acy and 
Scales; and the bounds between Leaver and Acy were from 
the ash tree up the swamp to the end, according to town record 
of May 20, 1650. Sworn in court. Recorded, Oct. 22, 1680, 
in the records of lands for Essex at Ipswich, book 4, page 362, 
by Robert Lord,* recorder. 

John Johnson and Daniell Wickam deposed that they went 
to Simon's field to view the bounds, etc. 

Charls Brown, John Lighton and Benjamin Scot deposed 
that going through Simmons field for some years they had 
seen the marked bounds and in company with Mr. Phillip, 
John Acie, Joseph Kilborn, they, upon request, showed where 
they had seen the corner bound stand, etc. Sworn in court. 

Ezekiell Northend and John Johnson deposed. Sworn in 
court. 

Deed, dated Feb. 17, 1681, from Thomas Leaver, sr.,t and 
Mary (her mark) Leaver,! confirming a deed of gift to their 
son Thomas Leaver upon marriage of one-half of their lands 
within five miles of the town of Rowley, and also to said Thomas 
the son, two acres of land in that field commonly called Sy- 
mons field, which division was the last in that field laid out 
to them, bounded on the west by land laid out to William 
Acy, on the north by land of John Scails, Thomas Teny and 
some of their own. Wit: Thomas (his mark) Burke and 
Mighell Creesse.* Acknowledged, Mar. 27, 1682, before 
Daniel Denison.* Recorded, Mar. 27, 1682, among the 
records of lands for Essex, liber 4, page 437, by Robert Lord,* 
recorder. 

William Brown, aged about twenty-six years, deposed 
that he was with his uncle John Acie when he broke up his 
grandfather Acie's land at Simons field. Before they began 
to plow they went to the stake at the south end of his grand- 
father's and Mr. Samuell Phillipses lot, etc. Sworn in court. 

Thomas Tenny and Benjamin Scot deposed. Sworn in 
court. 

Ezekiell Northend, aged about fifty years, deposed. Sworn 
in court. 

John Johnson deposed. Sworn in court. 

Willyam Acie,* aged about ninety years, deposed that the 

* Autograph. t Autograph and seal. t Seal. 



270 IPSWICH QUABTBBLT COTTBT [Mar. 

Samuell Bishop, administrator of the estate of Margret 
Bishop, executrix of the estate of Tho. Bishop v. William 
Hodgekins, sr. Debt. Withdrawn.* 

lot layers never told him that the south end of his lot was 
shorter at one side than the other, and were it not that his 
strength failed him by reason of his age and his help went 
from him, he would have broken up that corner supposing 
it to be his. 

Thomas Tenny, sr., deposed. Sworn in court. 

Charls Brown and Benjamin Scot deposed. Sworn in court. 

♦Writ, dated Mar. 20, 1681-2, signed by Robert Lord,t 
for the court and town of Ipswich, and served by Robert 
IiOrd,t marshal of Ipswich, by attachment of house and land 
of defendant. 

Job Bishopt of Ipswich certified that he took a bill of Hodg- 
kins and got a new one for the old, also another of Dan. Clark 
of Topsfeild of 81i. in New England silver, all of which he 
assigned, July 21, 1680, to John Numarch, sr., for part of 
his own bill and one of Samuell Bishop's to said Numarch. 
Wit: John Sparke.f 

At a county court at Dover, June 24, 1679, Job Bishop of 
Ipswich chose Maj. Robert Pike of Salsbury as his guardian 
and he was allowed. Copy made by Elias Stileman,t cleric. 

Abigail Wilson, aged about forty-one years, deposed that 
the wife of Thomas Bishop, formerly merchant, had her 
youngest child, whom she named Job, about the time depon- 
ent's first child Joseph wsts born and that there was about 
ten weeks' difference in their ages. 

Robert Lord,t recorder, certified that Joseph, son of Shore- 
borne Wilson was born June 1, 1660. 

John Numarch, sr., aged about sixty years, deposed that 
after widow Bishop's decease, he was sent for to go to the 
house of Goodman Hodgskins, sr. Job Bishop was there with 
a book of accounts and a bill. At the signing of a bill to 
Job Bishop and delivery, deponent saw the book crossed and 
the old bUl given in and burned, which they said was for 
for a boat that he had bought of Thomas Bishop. Sworn in 
court. 

Fishermen's bills due to Thomas Bishop, executor: William 
Hodgskins, 291i. 7s. 9d. 

Copy of records, Mar. 29, 1681, and Feb. 17, 1670, of Ipswich 
court in a similar action. On the reverse: Short cable, 31i. 
2s.; top halyards, 15s. 7d.; Shrouds, 311. 6d.; small rope, 
9s. Id.; small rope, 3s. 8d.; bigger rope, 6s. 5d. ; one great 
cable, a smaller cable. 

t Autograph. 



1682] RECORDS AND FILES 271 

Samuel Bishop, administrator of the estate of Margret 
Bishop, executrix of the estate of Tho. Bishop v. Daniell 
Clarke. Debt. Withdrawn. 

Samuell Bishop, administrator of the estate of Margret 
Bishop, executrix of Tho. Bishop v. Thomas Verry, Tristram 
Elford and Mathew Wheeler. Debt. Verdict for plaintiff, 
in fish.* 

Major Robert Pike was sworn commissioner to end small 
causes at Salsbury. 

Thomas Enowlton acknowledged judgment to William 
Yahan, Esq., in money and neat hides, if green, at 3d. per 
pound, if dry at 6d. per pound. 

♦Writ, dated Dec. 27, 1681, signed by Robert Lord,t for 
the court and town of Ipswich, and served by Thomas Riggs,t 
constable of Gloscester, who delivered Thomas Very to the 
prison keeper at Ipswich. 

Samuell Bishop's bill of cost, lli. 6s. 

Mathew Wheelerf certified, 20 : 7 : 1666, that the provisions 
they received from Thomas Bishop came to 361i., for which 
they gave him 18 quintals of merchantable fish and two barrels 
of mackerel. Wit: Nath. SaltonstalLf Thomas Bishop'sf 
receipt on 18 : 4 : 1667, for 61i. Is. 6d. 

Account of what Thomas Very, Tristram Elford and 
Matthew Wheeler had 15:9:1664: 11 bushells of Indian 
come, lli. 13s.; 3 bush, wheat, 15s.; 3 bush, mault, 15s.; 
7 bush. Turnups, 8s. 2d.; 400 of bread, 41i.; 543 pound of 
porke, 81i. 16s.; 2 bowles, Is. 4d.; 8 pound of Tobacko, 8s. 
8d.; pound and half of Tobacko, Is. 7d.; by Deacon Pengry, 
lli. 2s. ; a pair of boots and a pair of shoes for Thomas Verey, 
lli. 8s.; pair of boots for Tristram Elford, lli. 2s.; 2 skins, 
5s.; an ax at the smith, 48. 6d.; 10 : 1664, 8 bush. Indian 
corne, lli. ; 6 pound of Tobacko, 6s. ; Thomas Verry by Phillip 
Muddle, a pair of shoes, 5s.; pair of shoes from Goodman 
Buckley, 2s. 4d.; 400 of bread, 41i.; 3 bushells pease, 12s.; 
3 bush. Indian corne, 10s. 6d.; 6 bush, wheat & barley, lli. 
8s. 6d.; 3 bushells malt, 15s.; pipes & paper, 4d.; 6 pound of 
Tobacko & thread, 6s. 2d.; 2 quarts of Rumme, 2s. 6d.; 212 
pound of porke & salt, 311. 12s.; half a pound of sugar, 4d.; 
12 : 3 : 1665, a pair of shoes he said he would bring again, 
Ss.; Thomas Verry by Elwell, 2 bush, wheat, 10s.; Tristiam 
Elford by Deacon Pengry, 48.; pound of Tobacko, Is.; 
a dossen of pipes, a quarter of an hundred of bread, 5s. 
6d. 

t Autograph. 



272 IPSWICH QUABTEBLT GOUBT [Mar. 

Cornet John Severns of Salsbury acknowledged judgment 
to Mr. Richard Martin. 

Upon hearing the case between Danell Ela and his wife^ 
court ordered him to pay a fine of 40s.* 

♦Petition of Elisabeth (her mark) Ela: "Whereas my 
husband danill Ela is by warrante to appere at this honrid 
Coorte to Answer to A complainte made against him which 
I Apprehend by my unadvised speeches spoke Agenste him: 
Abowghte his barbarose usage toward me and of his turninge 
me owte of dores which if it be proved that I did say soe it 
was in A passhon if I did say soe but I Cannot say that I 
did for my goeinge oute of dores to my naibers howse was of 
my selfe & not of my husband turneinge me owte: I know that 
my husband was angry and did say more at that time to me 
then he woUd doe at another time & leaste my staying shoUd 
Carse forther words to pase betwen us I ded as A four say 
leaue the howse I know I am twoe apte to speake more then 
I doe allow my selfe in: and whereas I am warned to appeare 
to prossicute against my husband and these under my hand 
doe testify to the onrid Corte that I have nothinge Agenste 
my husband to Charge him with." Wit: Isrell (his mark) 
Ela and James Pecker.f 

John GriflBng deposed that being at the house of Daniel 
Ela with Benjamin Kimball and others on Jan. 28, 1681, 
William White and Andrew Grely came in to speak with Ela 
about a complaint the latter's wife had made to said White. 
Ela was very angry and told White that he was a meddling 
knave and bade him go home and order his own wife, for 
said Ela "I knu how to order mine beefore you knu mee.'^ 
Ela further said he would humble him for he had always 
been a pimping knave to him. Ela said that she was no wife 
of his and she should not come within his doors unless she 
humbled herself for what wrong she had done him both in 
person and estate by her tongue. She was nothing to him 
but a devil in woman's apparel and if he ever had her come 
home without an humble acknowledgment, he hoped his 
hands might rot off or his legs never carry his body more. 
Sworn, Feb. 6, 1681, before N. Saltonstall,t assistant. 

Matthew Heremon testified that Ela said his wife was his 
servant and his slave and he would have her whipped but 
that it would be a disgrace to him, for he would never have 
a quiet hour until he did. 

Andrew Grelee testified that on Jan. 28, 1681, William 
White came to his house saying that Goody Ela was at his 
house and did not dare to go home, for her husband had beaten 

t Autograph. 



1682] RECORDS AND FILES 273 

her. So they went to Ela's house to see what the matter was 
and found Ela *'was very high in his expression & very un- 
beseeming a man speaking vilely of his wife <& said shee was 
none of his wife, shee was but his Servantt, hee was a gentell- 
man borne, shee was butt a poore widdow," and he was a 
hundred pounds worse for her. He further threatened White 
if he entertained her, saying he would make him smoke for 
it, and told White he was an enemy of his a^d he would get 
even with him for witnessing against him that he was drunk. 
**I hate you,'' said he, *'I do hope to haue a time to requite 
you for yo' kindness, alsoe hee said he was Lord paramount 
in his owne house hee might doe or say w* hee would & none 
should controule him.*' Deponent led Goody Ela from 
White's house after he had come from the Captain's and 
Ela refusing to let her in, he left her in the yard and went 
to the Captain again to know what to do with her. When 
he returned he met her at the bridge and she said that her 
husband came after her with a stick in his hand to beat her. 
Then deponent took her to John Page's according to the 
Captain's order, where he left her. She desired deponent to 
go to her husband and ask him to let her have her Bible and 
spectacles, but he refused to give them up. Sworn, Feb. 6, 
1681, before N. Saltonstall,* assistant. 

William White deposed that Ela's wife came to his house 
crying that her husband had beaten her on the head, held up 
his knife in his hand and said he would have her heart's blood, 
so that she was afraid he would kill her. White said, ^'Alass, 
poore woman, I am sorry for you." *' Sorry," said she, *'if 
you will not entertaine mee & lett mee abide in yo' house I 
will lie in the street in the snow & if I perish, my blood be 
upon yo' head." She said the Captain was not at home and 
the constable and grandjiTry man were so far away that she 
could not go to them, etc. Sworn, Feb. 6, 1681, before N. 
Saltonstall,'*' assistant. 

Benjamin Kimball, aged about forty-five years, deposed 
that he was at Ela's house fanning wheat on that day and 
when Ela came in his wife asked him to pay Hanell Clarke 
his honest due for his work. Ela told her to hold her peace 
and meddle with her own business or else he would pay her 
off. Then Ela asked deponent to go to the cellar with him 
to move a barrel and his wife asked why he did not draw the 
man a pot of cider. Ela called to the girl for the '^cay" but 
his wife brought the key herself and he refused to give it to her 
again, which caused the quarrel. She followed deponent to the 
barn, crying and sniffling while he fanned two bushels of wheat, 
etc. Sworn, 6 : 12 : 1681, before N. Saltonstall,*. assistant. 

* Autograph. 



274 IPSWICH QUABTEBLT COURT [Mar. 

Mary Hood, presented for fornication, was ordered to be 
whipped or pay a fine of 61i. 

Abigaill Hart, presented for fornication, and declaring 
Daniell Jencks to be the father of her child, was ordered to 
be whipped or pay a fine of 31i. 

Upon complaint and information of Joseph Pike, constable, 
that he had apprehended Robert Kam, who had beaten and 
abused George Hardy, assaulting him on the highway, and 
Tristram CoflSn having engaged for Kam's appearance where- 
by he was released from the constable's custody and later 
escaped, court ordered said Coffin to pay costs. 

John Stone of Beverly had his license renewed for a year. 

Samuell Colby of Amsbury had his license renewed for a 
year. 

Mrs. Ann White of Newbury had her license renewed for 
a year. 

Court receiving an approbation from the selectmen of 
Marblehead of Mr. Christopher Lattimore for a license to 
keep a public house of entertainment there, granted him 
a license for a year. 

Richard Norman, upon a like certificate, was licensed to 
keep a house of public entertainment for a year. 

John Tod of Rowley was licensed to keep a house of public 
entertainment for a year. 

Mr. Peeter Duncan had his license renewed for a year. 

William White had his license renewed for a year. 

John Sparke had his license renewed for a year. 

James Kent of Newbury dying intestate, court granted 
administration upon his estate to John Kent, his son. 

Mary Wooddam, widow, dying intestate, administration 
upon her estate was granted to John Ayres, her son-in-law. 

Lidia Clement deposed that the trouble was during a great 
storm of snow, and hearing a noise in the street looked out 
of their door and saw Grelee between Ela's and Mr. Ward's 
going toward the Captain's. Ela's wife, so accounted, was 
going away when her husband came out with a cudgell, threat- 
ening her, so that she being not quick of foot was in danger, 
etc. Elizabeth Clement, her mother, also testified. Sworn, 
Feb. 16, 1681, before N. Saltonstall,* assistant. 

* Autograph. 



1682] RECORDS AND FILES 275 

Mathew Petingall, having lost the sight of one of his eyes, 
was released from ordinary training, paying 5s. per year to 
the use of the company. 

Court having heard the complaint of Robert Ring, with the 
answer of the marshal and constable, and having perused the 
papers against said Ring's son, judged the complaint frivolous 
and unjust, and dismissed the marshal and constable who were 
altogether innocent and faultless in the matter. 

Thomas Smith and Martha Gilbert, for fornication, were 
ordered to be whipped or pay a fine. 

Joseph Page was appointed guardian of Joseph Heath, 
son of Joseph Heath, deceased.* 

Bartholmew Heath dying intestate, court granted ad- 
ministration upon the estate to his two sons, John and Josiah 
Heath. There being a deed of gift dated Mar. 12, 1668-9, 
and recorded at Salsbury, court ordered that the estate given 
in the said deed be according to that and what remained 
undisposed therein to be divided equally among the rest 
of the children, the eldest son to have a double portion. 

Fetter Greene and Peeter Brewer, bound over to this court 
for quarrelling and fighting, which was heard in court, were 
fined. Brewer's fine was to be used toward paying for two 
wolves killed by Samuell Davis of Haverill.t 

♦Petition of Joseph (his mark) Page of Haverhill to the 
Ipswich court, Mar. 28, 1682, that he had an interest in the 
estate of Barttolome Heath, deceased, who left a considerable 
property, since he had married the widow of Heath's son 
Joseph and had in his keeping a child of said Joseph. He 
asks for a chance to plead for the widow and orphan and 
that he be appointed guardian to the child. 

tWarrant, dated Jan. 10, 1681, for the appearance of Peter 
Green upon complaint of Peter Brewer, for, upon the night 
of Dec. 7, 1681, at the house of Andrew Grelee in Haverhill, 
dangerously wounding him in the face, signed by Nath. Sal- 
tonstall,! assistant. 

Samuell Pearson, aged thirty-two years, deposed that 
Joseph Grely's house was raised on Dec. 6, 1681, and after 
they had been at supper in the evening, Peter Brewer came 
in and quarrelled with Peter Green. They went out of doors 
and fought. Green striking the other with the end of a cane 

t Autograph. 



276 IPSWICH QUARTERLY COURT [Mar. 

so his mouth was full of Vlood, etc. Sworn, 11 : 11 : 1681, 
before N. Saltonstall,* assistant. 

Andru Grele deposed. Sworn, 30 : 11 : 1681, before N. 
Saltonstall,* assistant. 

John Jonson, jr., deposed. Sworn, 24 : 1 : 1681, before 
Nath. Saltonstall,* assistant. 

John Whittier deposed that as he sat by the fire talking with 
Goodman Graylee, etc. Sworn, 13 : 11 : 1681, before N. 
Saltonstall,* assistant. 

Martha Page, wife of Cornelius Page, testified that Green 
told her that he called Brewer out to laugh and jeer at him, 
etc. Sworn, Jan. 14, 1681, before N. Saltonstall,* assistant. 

Samuell Parker, aged about twenty-two years, and Thomas 
Eatton, jr., aged about twenty-one years, both of Haverhill, 
testified that being at Peter Brewer^s house, etc. Sworn, 
13 : 11 : 1681, before N. Saltonstall,* assistant. 

Israel Hendrick testified that he heard Brewer say that 
Peter Green came in a poor coat but now *4t is master Green 
in his stuf," etc. Sworn, 17 : 11 : 1681, before Nath. Sal- 
tonstall,* assistant. 

Thomas Whittier, jr., deposed that Brewer said that Green 
was a pitiful fellow and came to town in a threadbare coat 
but now he could swagger every day in his serges, etc. Sworn, 
Jan. 17, 1681, before N. Saltonstall,* assistant. 

Jotham Handrick testified that Brewer was sitting by the 
fire when Green came and stood by him, but the latter used 
no provoking words. When they went out to fight Christify 
Cannaston of Greenland caught hold of Green to stop him, 
etc. Sworn, 16 : 11 : 1681, before N. Saltonstall,* assistant. 

Hanell Clarke, aged about thirty years, deposed. Sworn, 
13 : 11 : 1681, before N. Saltonstall,* assistant. 

Benjamin Greely, aged about twenty-five years, testified 
that Brewer came into his father's house after the raising of 
his brother Joseph's house, etc. Green was invited to the 
house-raising and to the refreshment afterwards. Robert 
Clement, sr., was also in the house, etc. Sworn, Mar. 25, 
1682, before N. Saltonstall,* assistant. 

Letter addressed *'for y« Hon'^ Cap* Saltonstall: 

''Hon' Sir 

''After humble Salutation Ac att Peter Bruers request 
I am bold to informe you y* y* wound y* was in his upper 
lipe went almost to his eye, into his nose & also into his mouth, 
it could not well be done accidentally becaus it was torne 
so many ways 

"29*»» 1 m« 82 Yo' humble serv* 

"I have not rec'd anything for what I Jn° Dole.* 

dia for him-" 

^ Autograph. 



1682] RECORDS AND FILES 277 

John Sompeken, an Indian, convicted for pulling a woman 
who was in a delicate condition off her horse when he was 
drunk, was ordered to be whipped ten lashes and his skin 
of beaver and gun to be taken for his charges to the county.* 

Upon petition of Mary Challis, court having at the ordering 
of the estate allowed her to sell off the waste land to the value 
of lOli. for the repairing of the said house, now impowered 
her to sell more waste land to the value of lOli. for the same 
purpose. 

Ebenezer Browne, for throwing down a ladder upon Joseph 
Boynton's wife who was in a delicate condition whereby 
she was much hurt, was fined.f 

♦Warrant, dated Mar. 23, 1681-2, for the appearance of an 
Indian who assaulted the wife of Joseph Peasely near Robert 
Ford's in Haverhill, taking the advice and direction of Joseph 
Peasly and Phil. Eastman, signed by Nath. Saltonstall,t assist- 
ant, and served by Tho. Ayers, constable of Haverhill, who 
found the Indian. He said he was overcome with drink 
which he had at John Page's when he did it and he was sent 
by mittimus to Ipswich prison. 

Order to the constable of Bradford to take the Indian to 
Ipswich prison, and to the keeper to receive him, dated Mar. 
24, 1681-2, and signed by Nath. Saltonstall,| assistant. 

John Page, jr., ordinary keeper, of Haverhill, in answer 
to the charge that he let the Indian have five pints of cider 
at his house, craved the liberty of the law in such cases to 
purge himself by his corporal oath, which was allowed. On 
Mar. 25, **I the said John Page, jr. doe upon the true faith 
of a Christian affirme that I am cleare and innocent as to the 
charge made, & do therefore sweare by ye Great & Dreadful 
Name of y* Almighty God that I did not by myself or servants, 
or any other pson directly or indirectly give, sell, truck or 
barter any Cyder or other strong drink (prohibited to be 
traded w*** Indians) to y* said John or any other Indian then 
in company w*^ him according to his charge made against mee." 

t Joseph Boynton's complaint: that although his wife was 
now well, yet she suffered great pain for twenty-six weeks 
after Browne's "Rustick dealing with her," and had not 
been able to do anything in the house but sit in her chair. 
A great part of his own time was taken up in caring for her, 
and he had been to much expence in getting advice from 
midwives and others, all of which amounted to 48s. damage, 
etc. 

t Autograph. 



278 IPSWICH QUARTERLY COURT [Mar. 

Hannah Hassen, Mary Bennet and Mary Lighten deposed 
that they were with her when the child was born, etc. 

Joseph Boynton's bill of cost, 21i. 5s. 

Hannah Hazen, Mary Leaver and Mary Leighton testified 
that on Aug. 25 last in the forenoon they went with others 
of their neighbors to Sarah Boynton when she received the 
hurt. They declared that she was a peaceable, quiet, well- 
carriaged neighbor. Sworn, 27 : 7 : 1681, before N. Sal- 
tonstall,* assistant. 

Sarah Boynton testified that she looked out and saw Ebenezer 
Browne throwing down the cart ladders that stood up against 
the doorway where an ox of Goodman Browne's was shut 
up. She called to him that he could not have the ox unless 
he brought a half bushel of corn, as her husband charged 
her, or else old Goodman Browne was to promise to pay it. 
He went in and loosed the ox ''in which time I set up one 
of the ladders, which was the foreladder of a cart & held it 
up: then he came with the oxe & pressing against the ladder, 
told mee, you had as good let it alone it is not a woman that 
shall hinder me I will have him do what you will, then I charged 
him to go of from our ground, but he Refusing, I told him if 
you will come you must take what Comes for I will do what 
I can to hinder you: if you had agreed with my husband 
& brought a token I would not have s*^ anything against it: 
then hee said the token is we must give you half a bushell 
of corn, not saying who should do it: then I said how shall 
I know that for I never did know of it before whereupon hee 
s^ will you not belleive mee: then I told him I must not trust 
anybody but old Goodman Browne upon this account, then 
he said my word is as good as my fathers, I am as Good a man 
as my father, but I durst not give any credit to it, then he 
s** if you were a man as you are a woman I would stave out 
your braines Then the s"* Browne being in the hovell & hav- 
ing thrust off the ladder at a distance from the hovell at the 
top he plucked it suddenly to him & pluckt it out of my hand 
& throwing it suddenly from him the uppermost slot of it" 
struck her. She called to one of her children to prevent him 
from taking away the ox, and he said if she followed him 
he would stave out her brains. He called to the daughter, 
''Rotten Baggigs doest thou follow thy mothers steps, get 
thee home or I will drub thy coat." Sworn, Sept. 27, 1681, 
before N. Saltonstall,* assistant. 

Sarah Boynton, aged between nine and ten years, deposed 
as to what her mother said, etc. Affirmed, 27 : 7 : 1681, 
before N. Saltonstall,* assistant. 

Sarah Lighton, aged about nineteen years, deposed that 

* Autograph. 



1682] RECORDS AND FILES 279 

John Tucker, for fornication, having been accused by 
Ann Gilbert, confessed and was ordered to be severely whipped 
and to pay for the birth and support of the child. She was 
ordered to be severely whipped and both were to pay equally 
for the prosecution. Upon petition of some in their behalf 
the corporal punishment was suspended and they were fined 
61i. each.* 

William Chapman and Elizabeth Smith were convicted 
of fornication, he to give security or marry her. 

Grace Stout, convicted for stealing 18s. in money from 
Samuell Pearce, was ordered to pay 56s. to Pearce.f 

she saw Browne come into the yard ''with such a countenance 
as I concluded he was much moved," etc. Sworn before 
Daniel Denison.| 

Anne Plummer, aged about jtwenty-one years, deposed. 
Sworn in court. 

Samuell Boynton, aged about twenty-one years, deposed 
that having lived with his brother Joseph the latter's wife 
was well enough before she was hurt to card for a spinner 
whom his brother hired and to carry on her family work. 
Deponent left there about a month before her child was born 
and she could do no work after she was injured. Sworn in 
court. 

William Brown, aged about twenty-six years, deposed that 
Sarah, wife of Joseph Boynton of Rowley, came to his shop 
when he was at work, etc. 

Sarah Boynton testified as to her suffering. 

Mary Bennit, aged about forty-two years, and Sarah Spo- 
fard testified that they were near neighbors, etc. Sworn in 
court. 

Sarah Lighton, aged about nineteen years, deposed that 
she was employed to spin at Boynton's house, etc. Sworn 
in court. 

*John Tucker's bill of cost. Hi. 2s. 

Petition of Mary Toucker, with John Toucker and An 
Gillburd, that the sentence of whipping for her son and maid 
be remitted and a fine substituted. 

On Feb. 14, 1681, before the Worshipful Bartholmew Ged- 
ney, Esq., Ann Gilbert confessed to fornication with John 
Tucker. John Tucker was bound for appearance, with his 
father Andrew Tucker as surety. 

tMoses Pengry, jr.'s, complaint against Grace Stoute: 
for stealing 7 shillings of money and some linen from him. 

t Autograph. 



280 IPSWICH QUABTEBLT COUBT [Mar. 

His reasons were because she sometimes watched with his 
wife in the same room where these things were; because 
she passed daily by his house morning and evening to Good- 
wife Foster's where she worked, and when the theft was com- 
mitted his wife was gone from home to see her friends where 
she continued about a month, and he also was away often; 
because they found a woman's thimble near the place where 
the linen was. 

Samuell Pearce's bill of cost, 31i. 8d. 

Account of the money Grace Stout has laid out since she 
came to Ipswich: for abusing the tithingman, 4s.; per Nath. 
Knoulton, Ss. 6d.; to Jno. Ayers, 6d., Mark Ayers, 9d., Eliz. 
Knoulton, lOs., Grace Sari, Is., lis.; Tho. Newmarsh, 6s. 
8d.; Hanna Newmarsh, wife of Jno. Newmarsh, 5s.; Thomas 
Dennise, 2s. 6d.; Saml. Searle, Is. 8d.; one home Bottle 
& one porringer, 2s. 6d.; Abigaill Dutch, 4s.; Martha Smith, 
2s. 4d.; Moses Pearce, 3d.; Johanna Graves, 5s. 9d.; Docter 
Bennit, 2s.; Saml. Pearce, 6s. 8d.; William Hodgskin, 5s.; 
Eliz. Grose, Is. 4d.; Sam. French, 6d.; Serj. Clarke, sr., 
9d.; to Mrs. Towsey, for eye water, Is.; Sarah Burnume, 
6d.; total, 31i. 10s. lid. 

Samll. Pearce testified that when Grace Stoute lived with 
Deacon Knoulton, deponent laid out for her 6s. 8d. in money 
at Boston and Salem to buy lutestring and linen cloth. Sworn 
in court. 

Samll. Pearce suspected that she stole 12 New England 
shillings, 12 New England three pence, 4 New England two 
pence and 3 or 4 old England shillings. 

Account of what she had received since she came to Ipswich 
for work, etc.: of Deacon Knolton's wife, 9s.; from strangers 
at the house, Is.; Mrs. Wenwright, for work, Is. 3d.; Goody 
Starkewether, 2s.; Goody Moses, 2s. 6d.; Mary Newmarch, 
2s.; for work of Rebeckah Barry and for a pair of gloves, 
4s. 8d.; Martha Gaines, Is. 6d.; Mary Hodgkins, 4s. 

Phillip Fouler, aged about thirty-three years, testified 
' that he inquired of Mr. Harison and his wife how Grace be- 
haved when she lived with them and they said she was a 
notorious thief and she cost them ten pounds before she had 
been there half a year. Sworn in court. 

Martha Lamson, aged thirty-four years, deposed that 
Grace told her several times that she had no money at all 
and when she came from Mr. Joseph Porter's she had two 
or three small bibs which she gave to Mary Dennis' children. 
Isaac Cummings, jr., who lived at deponent's house when 
Grace lived with them, often asked Grace to loan him money 
but she said she had none. Sworn in court. 

Joseph Porter testified that Grace was his servant about 
two years and a half ago and he found her at his chest. Mis- 



1682] RECORDS AND FILES 281 

sing some money, he accused her of taking it and she gave it 
up. He then dismissed her. Sworn, Mar. 30, 1682, before 
Daniel Denison,* 

Abigaill Dutch, aged thirty-two years, deposed that she 
had 2s. 6d. of Grace for knitting her stockings, of which Grace 
sent Is. 6d. to Boston by deponent's husband to buy her one 
silver waistcoat hook, which he did. Sworn, Mar. 3, 1681-2, 
before Daniel Denison.* 

Samll. Pearce, aged twenty-eight years, deposed that after 
the money was taken from Grace and Mr. Willson had tolled 
it, she called him into the other room and weeping said, '*Good 
Master, petty my case & leate the ting pace & go no farther 
& tacke all that Mony, and all that I haue and I will bee 
yo' siruant A doe all that I can for you as longue as I line." 
Sworn, Mar. 31, 1682, before B. Gedney,* assistant. 

Receipt of Tho. Clarke, Sergt.,* to Grace Stoutt for 9s. 
in money for a foot stool. 

Johanna Graves, aged about twenty-two years, testified 
that she had 5s. 9d. of Grace for some whisk and lace, ribin 
and lining cloth. 

Jno. Lamson, aged thirty-nine years, deposed that Graves 
said when she lived with him that she had no money, etc. 
This was since she came from Salem. Sworn, Mar. 2, 1681-2, 
before Daniel Denison.* 

Nathaniel Knoulton testified that Grace gave him money 
when he went to Boston and he bought for her a silver thimble, 
a bodkin and three yards of ribbon at 2d. per yard, all of 
which came to about five and six pence. 

Moses Pearce testified that he received of Grace Stout 
3d. for one gilt box. 

Mary Donill, aged about thirty-five years, testified. Sworn 
in court. 

Theophelus Willson and Jno. Pearce deposed. Sworn, 
Mar. 3, 1681-2, before Daniel Denison.* 

Jno. Ayers testified that he sold some ribbon to Grace 
for which she paid to Eliz. Knoulton 6d. 

John Hodgkins* and Alexander Marrick* certified. Mar. 
25, 1682, that being at Boston on Mar. 17 in company with 
Mr. William Harrison at his shop and talking about Grace 
Stout's troubles at Ipswich, Harrison said that he had nothing 
to accuse her of for his part. 

Samll. Searll deposed that he received Is. 8d. in money 
of Grace. 

Martha Smith, aged about twenty-six years, testified that 
she had 2s. 4d. from Grace for lace in 1680. 

Elizabeth Knoulton and Grace Searle deposed that when 

* Autograph. 



282 IPSWICH QUABTEBLT couBT [Mar. 

Grace came to live with Deacon Knoulton she had no chest 
nor box but one tin tobacco box, which once she opened and 
showed them her money, not above Is. or 18d., etc. Sworn, 
Mar. 3,- 1681-2, before Daniel Denison.* 

Arminell Tousey* received of Grace Is. for eyewater last 
summer. 

Mary Clarke, aged thirty-one years, and Ruth Boulton, 
aged about fifteen years, testified that . they were talking 
with Grace about a shilling that was taken from Tho. Clark's 
daughter and she said she scorned to steal a shilling, that she 
had a way to get money that nobody knew and never should 
know. She further said she sold a box at Salem for 7s. De- 
ponents testified that they saw Grace pay Doctor Bennit 
2s. for physic. Sworn, Mar. 3, 1681-2, before Daniel Denison.* 

Samll. Pearce testified that while Grace lived with him three 
months as a hired servant he had 18s. 8d. taken from a box 
and desk, some from his pocket in his chest. Sworn in court. 

Mary Pearce, sr., aged twenty-four years, and Mary Pearce, 
jr., aged fourteen years, deposed that they said to Grace that 
they thought she had a pretty deal of money and she replied 
that if she had half of 20s. she would eat the keeler that then 
she was kneading bread in. Sworn, Mar. 3, 1681-2, before 
Daniel Denison.* 

Hannah Knolton,* aged about thirty-five years, testified 
that she had received of Grace 6s. for a whisk and a bonnet. 
Thomas Knoulton witnessed his wife's signature. 

Grace Hodgskin testified that Grace paid her 5s. for linen 
cloth which Grace bought of her son William Hodgskin. 

Mark Ayers, aged twenty years, deposed that he was with 
Grace at Jno. Lamson's where she lived at his master Knoul- 
ton's and saw her give nine pence to Lamson's children. 

Mary Pearce, sr., aged twenty four years, and Moses Pearce, 
aged fifteen years, deposed that they heard Grace say that 
^ince she came to Ipswich she gave 18d. in money for one 
horn bottle and Is. for one earthen porringer. Sworn, Mar. 
3, 1681-2, before Daniel Denison.* 

Tho. Dennis deposed that Grace bought a carved box 
with a drawer in it of him in 1679, and it had two locks for 
which Grace paid him in money. Owned before Daniel 
Denison.* 

Thomas Newmarsh testified that he laid out 6s. 3d. for 
Grace to buy one pair of stockings and one silver rump hook 
when she lived at his house. 

Ales (her mark) Bracket affirmed that her son Samuell 
Word told her at her house before Grace Stout that she took 
27s. in money and linen of his wife's. The money was found 

* Autograph. 



1682] RECORDS AND FILES 283 

Joseph and John Woolcott, convicted of stealing wood from 
John Atkinson, were ordered to pay 6s. 8d. to said Atkinson.* 

under a bed in his chamber in a cloth with some butter and 
sugar. The little while she lived with them, she was a liar 
and very naughty in all respects to him and his son's children 
and was not fit to live in any honest man's house. Wit: 
Moses Pengry, jr.t 

*Warrant, dated Jan. 24, 1681, for the apprehension of 
John and Joseph Wolcot upon complaint of John Atkinson 
upon suspicion of stealing a parcel of cord wood cut by his 
servants in Newbury woods near John Webster's coal pit, 
signed by Daniel Denison.f 

Hugh March, sr., aged about sixty-two years, testified that 
two or three years since Joseph Woulcoot sold two lambs of 
his to Joseph Knight of Newbury. When he heard about it 
he quickly went to Knight and took them, one being killed 
of which he had three quarters and the other alive. Woulcoot 
said they were his and received 2s. for them. William Muffet 
testified that Nath. Bricket told him that Woulcoot offered 
them to him but he feared that he had not come honestly by 
them. Sworn before Daniel Denison.f 

Increase Pilsberry, aged about twenty-one years, testified 
that in 1680 being with Samll. Buckman, the latter said that 
George Peirce, Joseph Wollcot and himself went to the garden 
of James Smith when Wollcot took cabbages and put them 
into a bag. Pierce took down the rails and Buckman brought 
the beast to the rails. Deponent further said that that day 
on the way home Buckman desired him to go to Woolcot's 
house on the homeward way to drink a pot of cider. Goody 
Woolcot asked Bucknam if he had any more of the same and 
he replied "no, our boyes get them away." Deponent asked 
him on the way home what the same was and Buckman re- 
plied nothing but a dozen or two of eggs. Deponent asked 
him why he did not eat them at home, and he said his folks 
would not let him have any and he carried them where he could 
eat them. Sworn in court. 

Joseph Knight, aged about twenty-nine years, deposed 
that the lambs had no marks, etc. Sworn in court. 

Phillip Fouler, aged about thirty-three years, deposed con- 
cerning the marks, etc. 

Cutting [Noyes?], aged about thirty-two years, deposed. 
Sworn in court. 

John Webster, aged about forty-five years, testified that 
he met John and Joseph Woolcot in the woods with cord wood 
on a sled going toward home. Thinking it was his neighbor 

t Autograph. 



284 IPSWICH QUABTEBLT COURT [Mat. 

Atkinson's deponent said to them "Have you Got Sam Buk- 
mans coardwood?" Later he asked John Woolcot if he came 
honestly by that wood and he said they cut it last spring. 
John Atkinson's son and Ephraim said it was their wood and 
they left it near a walnut tree on the hill and there were wal- 
nut trees on the other side. Wolcott said that the Atkinsons 
knew no more than a dog where their wood lay, etc. Sworn, 
Jan. 20, 1681, before Daniel Denison.* 

John Webster testified that when his evidence was read before 
the Honored Major Denison at Mr. Clark's house, etc. Sworn 
in court. 

Joseph Pike, aged forty-three years, testified that Major 
Denison told Buckman to go with deponent to where the 
wood was cut, etc. Sworn in court. 

Thomas Noyes, aged about nineteen years, testified that 
Samuel Buckman, servant of John Adkinson of Newbury, 
etc. Sworn before D. Denison.* 

WiUiam Muffet, aged about eighteen years, testified that 
he was working in the woods with Samuell Buckman who had 
a parcel of *4incks," about twenty with him, and asked him 
to go to John Woolcot's to eat them with him. He asked 
Goody Woolcott for the frying pan. "What will you doe 
with the friing pane," said she. "Frie some lincks," said 
he. "Wheaire had you them?" said she. "I toocke them 
out of my damnies Cubard," said he. "A very pretty trick," 
said she, and went and fried them and they all ate them, the 
children included. Buckman told him when he kept sheep 
he carried beer and cheese for his dinner and being at Goody 
Wolcot's house, she said that his master had pork and bacon 
enough and if he would bring a good piece of bacon she would 
boil it for him, for she had herbs enough. Deponent then 
informed his master of it who forbade him going to Wool- 
cot's house. Sworn, Jan. 30, 1681, before Daniel Denison.* 

Sarah Smith, aged about thirty-eight years, deposed that 
once when Joseph Woolcot was at their house he looked at a 
piece of ribbon in a chair and she watched him and saw him 
put it in his pocket. He delivered it to her when she told 
him that she would tell his father. Sworn, Jan. 30, 1681, 
before Daniel Denison.* 

Recerd Thurly, aged above sixteen years, testified to Buck- 
man's frying his dinner at Woolcott's. Samuel Buckman 
and Mary Woollcot testified to the same. Sworn, Feb. 6, 
1681, before Daniel Denison.* 

Ephraim Wheeler, aged about nineteen years, and John 
Atkinson, aged about fourteen years, deposed. Sworn, Jan. 
30, 1681, before Daniel Denison.* 

* Autograph. 



1682] RECORDS AND FILES 285 

Thomas Tewksbury, for not obeying the court's order to 
appear for not going to live with his wife, was to pay costs to 
the constable of Newbury. 

Jerimiah Jewet was allowed cost in an action brought by 
Twiford West and not prosecuted.* 

James Creeke, for heinous, lascivious and adulterous car- 
riages with Elizabeth, wife of Luke Perkins, some of which 
acts were done on the Sabbath day when others were at the 
public exercises, and his carriage at the time of the trial when 
he declared that he accounted his kissing her to be good man- 
ners and as other men did, was ordered to be severely whipped 
or pay a fine. Part of his fine was respitted until the court 
take further order, f 

William Moofeet and Ephraim Wheeler deposed that 
when the cabbages were stolen they all agreed if they were 
discovered to say they had leather in the bag. James Smith 
testified that he lost the cabbages, for which he had been 
offered 8s., the night that Woolcot had a husking. Sworn, 
Jan. 30, 1681, before Daniel Denison.J 

Samuel Buckman testified that the cord of red oak in con- 
troversy was cut by him, he being stinted to cut a cord a day 
for his master. Joseph Woolcut helped him with his work 
and then he helped Joseph, which was the whole truth of the 
matter. Joseph Woolcot testified to the same. Sworn, 
Feb. 6, 1681, before Daniel Denison.J 

*Copy of writ: Twiford West v. Jeremiah Jewett of Ip- 
swich; for damage done in his hay, corn and apples by de- 
barring West from the highway that leads to his land, the 
appraisers now having determined the amount; dated Mar. 
21, 1681-2; signed by Robert Lord, for the court and town 
of Ipswich; and served by Robert Lord, marshal, by attach- 
ment of two oxen of defendant. 

Bill of cost of Jeremiah Jewett, Hi. 10s. 6d. 

**Jerimyah Jewet thes ar to certyfye you that my attach- 
ment being taken away from ought of the hand of the Marty all 
I do purpose to Lett fall my sute as to the concernment 
betwixt you and I for the present witnes my hand Twiford 
West. 1682 March the 27." 

tWrit: John Edwards and John Browne v. James Creeke 
and the wife of Luke Perkins; for threatening to kill their 
creatures, killing their hens, and railing and abusing their 
wives and others; dated Feb. 4, 1681; signed by Daniel Deni- 
8on,t and served by Theophilus Wilson,t constable. John 

X Autograph. 



286 IPSWICH QUARTERLY COURT [Mar. 

Hadly was bound for Creeke's appearance; Luke's wife he 
could not find. 

Mary Brown, aged about nineteen years, testified that' she 
had seen Creeke kiss Perkins's wife several times and had 
seen her go into his shop when he was at work, pull up his 
hat, look into his face, tickle him and bring him drink, making 
a great deal more of him that she ever saw her make of her 
own husband. She had seen them kiss on the street which 
made deponent much ashamed to be seen in their company. 
On a Lord's day night Crick went down with his landlady 
into the garden. She said that it was not so but Crick said, 
''0 yes Landlady you went once to show me the Hains in the 
Close." Sworn in court. 

Elizabeth Deare, aged about eighteen years, deposed. 
Sworn in court. 

Elizabeth Brown testified. Sworn in court. 

John Browne, aged forty-five years, deposed that he 
went down to his pasture to turn hogs out of it and when he 
came back through some Indian corn in his orchard, he saw 
James Crick and Elizabeth, Luke Perkins' wife, tickling one 
another about the ribs. He was so ashamed that he went 
into his own house. One moonlight night near Haly's shop 
window at about nine o'clock when the moon shone very 
bright, he saw him kiss her. Sworn in court. 

Edward Dear, aged about seventeen years, testified. Sworn 
in court. 

Thomas Lovell, sr., testified that John Browne was at his 
house casting bullets and told him and his wife and family 
that Creek used to kiss Mrs. Perkins in Mr. Darby's orchard. 
They marveled that she should so carry herself with such a 
one as he, who was a poor fellow. Lovell's wife said she 
never saw any such actions and Lovell later asked Mr. Darby 
privately about it and he denied any knowledge of it. Then 
Lovell asked John Hadly, knowing him to be a civil fellow 
and living in the same house, and he said he never saw any 
uncivil carriages. Lovell also spoke to Creek about it who 
was very much troubled and went to Browne, who denied all 
that he had reported. 

Goody Brown deposed that James was very violent and 
said he would kill all the hens that ever came there and "all 
this time nothing of Lukes wife apeard but her dish clout 
which she hangd on the dore: and after word Goode Edwards 
went to the window being open went and spoake to asking 
her why she Reuiled against her in giuing her the Lie Con- 
suming the hen which was hard to Cry and the Clup goe 
which was hard by thre or four of her family: and then her 
lui?band coming in with his gunn said to him shoote the sow 
shoot e her with y* discourse Goode Edward withdrew from 



1682] RECORDS AND FILES 287 

the window and said come Let us goe: and of a suden Lukes 
wife flung a dishful! of Water on Goode Edward fase." Sworn 
in court. 

John Browne and Mary, his wife, deposed that the second 
or third Sabbath day after Mr. Hubbard had preached upon 
that text "Wherewithal shall a young man cleanse his way," 
they saw soon after meeting Creek go down into the orchard 
with Elizabeth Perkins. Mary said she had heard about 
the actions and now she might catch them if it were possible, 
so standing at the end window next to their orchard she could 
see them handling linen with their heads close together. Pres- 
ently her daughter came in and said she saw them kissing 
one another, etc. Sworn in court. 

Mary Browne, aged about nineteen years, testified that one 
day Perkins' wife was standing by her dresser, James Crick 
was setting on it and talking low to her, etc. Elizabeth 
Browne testified. Sworn in court. 

Samuell Edwards testified that on Feb. 19, being a Sabbath 
day, Luke's wife was seen to be at home with James Crick after 
meeting was begun in the afternoon. 

Edward Deare, aged about forty-two years, deposed that 
he had some company to help him at husking and he went 
into his parlor, etc. Sworn in court. 

John Browne, aged forty-four years, deposed. Sworn in 
court. 

John Hadly testified that John Edwards, sr., of Ipswich 
told him that he had kissed the wife of Hugh March of New- 
bury in the face of the court, and there was no harm in it. 
Luke Perkins testified. 

John Hadly and Roger Derby testified. 

Goodman Edwards and Mary Brown testified that Luke's 
wife said that Crick's bashful face, etc. Sworn in court. 

Phillip Call testified that he lived in the house that Luke 
hired of Mr. Derby and boarded with Luke, while doing 
journeyman's work with John Hadly, and Hadly and Creek 
also boarded there. His landlady always carried herself 
as became a Christian and had the love of all the family as 
far as he could see by reason of her civil carriage to all. In 
the three months he lived there he never saw any kissing. 
Goodwife Edwards and the Browns had provoked her and 
she did once speak of shooting John Brown's son who so 
afflicted them. 

James Creek testified that, if there could be no agreement 
unless he acknowledged himself guilty of the indictment, he 
would rather choose to stand on the judgment of the court 
because he was clear of the things charged against him. 

Thomas Lovell, jr., testified that he dressed leather for 



288 IPSWICH QUABTERiiY COURT [Mar. 

Sarah Stickney, widow, declaring that John Atkinson was 
the father of her child, the latter desired to be tried by jury. 
They found him guilty and he was ordered to pay 12s. for the 
jury, 81i. for the past maintenance of the child and to pay 
said Sarah 2s. 6d. per week until the court take further 
order.* 



John Hadly, who was a lame person, and often carried the 
leather to his house and never saw any incivility. He had 
heard Creek often tell of his preservation when in the service 
of the country in the wars with the Indians and he seemed 
to be inuch afifected that he was spared when so many were 
killed, ** saying he was put to fight hard for his life, and it is 
well known that he is a good marksman with his Musket 
and of great currage. I knew him lining by him all the time 
of his Apprentisship with goodman James and I never knew 
him other than civel." 

Roger Derbyt certified that much of the trouble had been 
caused by John Harris' maid servant who brought into John 
Edwards* house a lump of sugar and gave it away, whereupon 
Derby said he thought her master should know it to prevent 
further trouble. This maid had been the cause of many 
differences between Harris' and Edward's wives, of which 
their husbands did not approve, etc. When Luke and his 
wife were returning from Amesbury, etc. 

*Sara Stickney's bill of cost, 71i. 6d. 

Anna Cheny, aged about thirty-eight years, testified that 
the widow Stickney told her that the child was Samuell LooU's 
and she would have had him marry her and carry her to Prov- 
idence, but he said he had no money. She said she had money 
enough. He told her that he would be back from sea by the 
next Christmas and would then marry her, etc. Sworn, 30 : 
10 : 1681, before Nath. Saltonstall,t assistant. 

Joseph Pike, aged about forty-three years, deposed as to 
what Sarah told him when he served the writ. Sworn in 
court. 

Jonathan Haynes and Sarah, his wife, deposed that Sarah 
never lisped the name of Mr. Jno. Atkinson in connection 
with the child, etc. Sworn, 10 : 30 : 1681, before N. Sal- 
tonstall,t assistant. 

Jonathan Haynes and Sarah, his wife, testified that after 
Sarah came from court at Salem where she was fined she 
said that the court did not regard the sin so long as they 
could get the money. Sworn, 30 : 10 : 1681, before Nath. 
Saltonstall,t assistant. 

t Autograph. 



1682] RECORDS AND FILES 289 

John Atkinson was ordered to pay 26s. for striking Sarah 
Stickney.* 

Court being desired upon Walter Fairefeild's motion that 
his first license for keeping ordinary in Wenham be renewed 
for the ensuing year, and intimation being made that the 
first obtaining of it was not so clear as might have been de- 
sired, also the town seeming to desire that the license be 
otherwise granted, court granted said Fariefild license to 
keep the public house in that town until the September court, 
1682, for selling and drawing by retail what he had on hand. 
At the expiration of that time the town was to be heard and 
to have the court's decision either for renewal of Fairefield's 
license or a new one to some other person, propounded accord- 
ing to law, Fairefield to observe the condition and restrictions 
made by the court at the time of his obtaining his first license. 

Richard Prior, for fornication with Mary Williams, was 
committed to prison until he gave security in 301i. to save 
the town of Ipswich harmless from all charges about the child. 

John March, with the approbation of the selectmen of 
Newbury, asked to have his license renewed to keep ordinary 
there, and court being informed that he had removed from 
the place where he first lived when his license was granted 
and Hugh March complaining that it will be a damage to him 
to grant license to any other than the one who shall live in 
said Hugh's house which he fitted for that use, the matter 
was referred to the September court next. Said John was 
given liberty to draw and sell by retail what wine, liquors, 
and other strong drink he had on hand and to provide what 
beer he needed until that time for the keeping of such a public 
house. At the next court the town could make any new 
proposal for ordinary keeper. 

In answer to the petition of Thomas Ivory, it appeared 
that Mary Davis, widow, of a great age and for these four 

*Sara Stickney's bill of cost, 21i. 5s. 

Sara Stickney's complaint for striking her with his stafif 
so that her child fell almost into the fire, etc. 

William Morse, aged sixty-seven years, and Joshua Morse, 
aged twenty-seven years, testified that John Atkinson said 
he struck her. Sworn, Mar. 27, 1682, before Daniel Denison.f 

t Autograph. 



10 



290 IPSWICH QUARTERLY COURT [Mar. 

years past bereft of her understanding and infirm of body, 
had been maintained by her son, the petitioner, and court 
ordered Mr. Thomas Laughton, sr., and Mr. Francis Burrill, 
sr., to sell enough of her estate to pay said Thomas for his 
time, 4s. per week for the past and at the same rate for the 
future, and also to pay for her funeral when it pleased God 
to take her from this life.* 

Mary Joanes of Gloster dying intestate, Benjamin Joanes, 
her son, presented an inventory of her estate and was appointed 
administrator, he to bring in to the next Salem court an 
account of debts due from the estate. 

John Page, for selling drink to the Indians, was fined 40s.t 

*Mary Ivory, aged forty-three years, testified that her 
mother Davis is deprived of her senses and had been an ex- 
traordinary care and trouble. Only for natural affection 
she could not have undergone such care for twice as much 
as her husband demanded, for she is as helpless as a child. 
'* Considering that it is the hand of god, I desire not to think 
much at anything I can doe for her." Sworn at Lyn, Mar. 
29, 1682, before Thomas Laughton,} commissioner. 

William Crofts, aged about seventy years, testified that 
about Feb. 13, 1677, the widow of Jynkin Davis, came to 
the house of Thomas Ivorye and had been cared for there 
ever since. When Ivorye's wife went away she had someone 
there to tend her. He heard Thomas Ivory demand of the 
tenant John Davis the rent toward the maintenance of his 
mother and he refused. Sworn at Lyn, Mar. 29, 1682, before 
Thomas Laughton,} commissioner.«i, 

Anne Croft, aged about eighty years, deposed that her 
son Thomas Ivorye told her that John Davis had brought 
his mother there, and deponent told him to care for her because 
she and John's wife could not agree and she ought to be with 
her own daughter. She told her son that he would be no 
loser for it because authority would see that he was paid for 
it. Sworn, Mar. 29, 1682, before Thomas Laughton,} com- 
missioner of Lyn. 

tPetition of John Page, jr.,} of Haverhill upon Merrimack: 
'*An Indian called John haveing y^ 22'*» of March last fallcta 
into an offence did thinking thereby to excuse himselfe before 
Capt. Saltonstall charge me w*** letting him have five pots 
of cyder, upon w*'*' Capt. Saltonstall summoned me before 
him and tendred me an oath of purgation according to Law 
w*^ I did not take because I had y* day when I & another 

} Autograph. 



1682] becords and files 291 

Court held at Ipswich, May 9, 1682, by adjournment. 

Joseph Flecher was granted license to keep ordinary at Sals- 
bury until the next March court. 

Quartermaster Perkins had his license renewed until March 
court next. 

Left. Ossgood had his license renewed until March court next. 

Marchent Wainwright had his license renewed until March 
court next. 

John Wainwright had his license renewed until March 
court next. 

John Webster's daughter, Mr. John Rogers* servant, and 
Pricilla Carrell, Capt. Appleton's maid, presented for folding 
and frizzling their hair, and none appearing to give evidence, 
were discharged.* 

Upon hearing the case of Newbury and Topsfield con- 
cerning Evan Morice, court determined that he belonged to 
Newbury, but if he should be a heavy charge that Topsfield 
should contribute a third part.f 

weere drinking a quart of Cyder y® Indian being present given 
him a little in the bottome of y pott, And because I was not 
fully Certaine what my man or others of y* house might have 
done in y^ kind, upon this I was returned to Court, & judg- 
ment upon y case entred w^*" (considering y® evidence against 
me, & my strait condition) I trust this Hon*^ Court w*^^ I now 
humbly crave y* favour of.'* He asked that his fine be remitted. 

♦Warrant, dated Apr. 14, 1682, for the appearance of those 
presented by the grand jury on Mar. 28, for folding their 
, hair, frizzling and knots, and for wearing silk scarfs, Martha 
Gay, Mary Gay, Mary Rogers, the daughter of Mr. Samuell 
Rogers, Mary Browne and Elizabeth Browne, the glazier's 
daughters, Abigaill Metcalfe, Elizabeth Perkins, wife of 
Luke Perkins, Martha Watton, John Webster's daughter who 
lives with Mr. John Rogers and Pricilla Carrell, Capt. Apple- 
ton's maid ; also to John Chubb, for drunkneness, with Robert 
Crose and Elizabeth Nellson as witnesses; Joanne Smith; 
Samuell Bishop, with witnesses Jacob Perkins, Tho. Lovell, 
sr., John Aniball; and Philip Fowler, with witnesses, Benja- 
min Newman's wife, Simon Stace, Goodman Lull, Calleb Kim- 
ball, Samuell Hart's wife, Mr. Tuttle, signed by Robert Lord,J 
cleric, and served by Nath. Rust,t constable of Ipswich. 

t'*At a meeting of the Selectmen of Newbury March 14: 

} Autograph. 



292 IPSWICH QUARTERLY COURT [May 

Upon complaint of John Allen and Phillip Grely against 
the selectmen of Salsbury for defect in the summons which 
did not declare the complaint, which was for not giving in 
their estate to the rates according to law in 1681, they alleging 
that they were not provided to answer, it was referred to 
September court next. Those complained of were Henry 

1681 : 82 Wee the Selectmen of Newbury do order & appoint 
Sergt. Nathaniell Clarke to warne Euan Morris out of the 
Towne of Newbury. James Ordway, Francis Browne, John 
Bartlet, Joseph Baily, Selectmen.'' Copy made by Anthony 
Somerby,* clerk. 

On May 3, 1682, the same selectmen ordered Sergt. Nath- 
aniel Clarke to answer the complaint of the town of Topsfield 
at the adjournment of the Ipswich court. Copy made by 
Anthony Somerby,* clerk. 

At a Topsfield town meeting on Mar. 7, 1681-2, it was voted 
that John How and John Gould prosecute at the Ipswich court 
to prevent Evan Mories from being a townsman at Topsfield. 
Copy made by John Gould,* clerk. 

Isaicke Estey, John How and John Gould, sr., testified 
that Mories had been out of their town four or five years and 
said, when asked, that he lived in Newbury. They further 
testified that by order of the town they warned him out of 
town last fall when he first came from Newbury. 

On Dec. 20, 1681, the selectmen voted to warn Morris 
out of the town of Topsfield to Newbury, and if he did not 
depart. Ensign John Gould and John How were to complain 
to authority. Copy made by John Gould,* clerk. 

"Even Morris heaue bin an inhabitent this thirty years in 
topsfeld & heaue born lot & scot for the sattling of the towne, 
in building of the metting house & the parsonadg house & 
in earring on of all publick Charg: euen morris do afferm 
that thear was but three men in the towne that payed mor to 
a reat at a time then he did for many years together." 

Daniel Peirc* and Thomas Noyes* declared on 9 : 3 : 1682, 
that Even Morris oflFered to come to keep sheep and they 
objected because he was an old man and might be a charge 
to the town. He answered that they need not fear because 
he was provided for in Topsfeld if he were otherwise than 
well. Thereupon they agreed with him at so much a week 
and to take his pay and be gone out of the town. He did so 
several seasons. Everything he earned he spent in Topsfeild, 
even for a suit of clothes, and he was never settled in one 
family for more than a few weeks. 

* Autograph. 



1682] RECORDS AND FILES 293 

Browne, Henry True, Robert Ring and Nathaniell Browne. 

Elizabeth, wife of William Fanning, presented for oppro- 
brious, vile carriages and drunkenness, was ordered to be 
severely whipped and pay costs.* 

Jeremiah Watts, complained of for matter of great moment, 
tending to the scandalizing of many both ministers and others 
of good credit by his papers and letters, yet considering that 
they were in private to the persons, was admonished.f 

*Summons, dated May 4, 1682, signed by Samuel Appleton,} 
assistant. 

Joseph Dole, aged about twenty-four years, deposed that 
on May 1, 1682 he was at William Fanning's house and saw 
the latter's wife strike him in the face. Sworn, May 4, 1682, 
before Samuel Appleton,t assistant. 

John Ally, aged about thirty years, deposed that he also was 
at Fanning's house when Fanning's wife called ''Is that roge 
Ally here: by God I will splitt his brains out,'' and ran after 
him with a hatchet whereupon he was forced to leap over 
the fence for fear of his life. 

Edward Richeson, sr., and Stephen Grenlefe, sr., the former 
a tithingman, went to Fanning's house where he found Fan- 
ning in drink and his wife very outrageous in her language 
crying out murder. Richeson caused the door to be broken 
open and she threw a whole brick at Henery Luke's head 
with all her might. When her husband's leg was broken, 
she came to him and said "0 pore ould roge, is thy leage broke 
i will leke it hole," etc. Sworn, May 4, 1682, before Samuel 
Appleton,t assistant. 

John Dole, aged about thirty-three years, testified that he 
saw her strike John Meers on the head and felled him to 
the ground and upon getting up, she struck him down again 
where he lay for dead and was taken up and carried into a 
house very ill, etc. Sworn, May 2, 1682, before Samuell 
Appleton,! assistant. 

Jno. March, aged about twenty-three years, testified that 
he saw Fanning's wife beating her husband, etc. Sworn in 
court. 

fSummons, dated Salem, May 3, 1682, to Jeremiah Watts, 
for speaking scandalously of the ministry and writing offensively 
against and concerning the leaders of churches in this place, 
and to Thomas Heines and Daniell Ray as witnesses, signed 
by Bartho. Gedney,| assistant. 

Bill of cost of the constable of Salem, for Daniel Andres 
and John Putnam, etc. 

t Autograph. 



294 IPBWICH QUARTEBLY COUBT [May 

Letter addressed "This for M' Burrows liuing in Sallem 
Villig:" 

''M' Burrows: Sir when I came unto you with our neigh- 
bours the last weake I was dissapoynt^ of my intention in 
the maine thing I aimed att because of your freinds & my 
Judg m' Gerrish: the thing I aimed att was & is this: this 
Villige is aiming to make it A towne: which is all verry nessi- 
sary work & beneficiall unto us: but how can this be accom- 
plisht in A way of god when brother is against brother & 
neighbours against neighbours all quarelling & smitting one 
another: will this incurig neighbours to Joyne with us to the 
worke : secondly ye aime to erect A church in this place which 
also is A good work don in gods way: but how is it provibill 
in this poisture we are in: therefore I did intend to propound 
this thing unto you with the Rest with us: that you would 
consyder of A way to prepaire for such a worke by seting 
forward private Christian meetting amongst us that we may 
come together: for to knowe one anothers sperits: & that 
diferences may be healled & so united together: will a Righous 
& holy god owne contention & strife: will the forme of god- 
ly nes sarue onely without the power: this will sarue turn 
to sett up som usurping lords to smite & trample apone there 
fellow brethren but such foundations will not stand before 
A Just & holy god: but againe these private Christian meet- 
ings is our christian privilidg wherein Christians are to exhort 
& edify one another by speaking often one to another to de- 
claire our greiuances one to another & help one another: 
the minister should be the leading man in this worke: but I 
doe perseiue that ministers doe aime to bring all to pulpit 
preaching & there they may deliuer what they please & none 
must obiect: & this we must pay largly for: our bread must 
be taken out of our mouths to maintain the beasts mark: 
& be wholly depriued of our Christian priuilidg: these prac- 
tises the scripture doth euery whaire condemn: this is the 
time of Anti christs' Reine & he must Reine his time: & 
now are the witneses slaine: & the leaders in churches are 
there slayers: which I shall suflBciently proue: for I doe 
intend to draw up the marks of the beast Antichrist which 
prevaille in our tims but I see plainly its a vaine thing to 
debatt about these things with our fellow brethren for they 
are all for lording of it & trampling under foot: therefore I 
shall aply myself e to our honered fathers: for if felow brethren 
haue that priuelidg to Judg there one case & Raine as lords 
ouer one another: then we need not to Chuse magistrats 
to RuU: you asked me this question when I was with you: 
why I was so slited of the sosietys I haue bin with: now I 
shall giue A true answer which none of my advarsarys can 



1682] RECORDS AND FILES 295 

Jeremiah Elsworth, for charges about a prisoner and for 
hue and cries while he was constable at Rowley, was allowed 
13s. 

John Vinson dying intestate, his father William Vinson of 
Gloster was appointed administrator of the estate. 

Mr. George Carr of Salsbury dying intestate, administra- 
tion upon the estate was granted to Elizabeth Carr, the relict, 
and to George Carr, his eldest son, and James Carr, who 
were ordered to bring in an inventory to the next Salem court. 

Caleb Kimball of Ipswich dying intestate, administration 
upon the estate was granted to Hanah Kimball, the relict, 
who was ordered to bring in an inventory to the next Ipswich 
court. 

Upon complaint against Benjamin Joanes of Gloster for 
abusing his boy, court ordered that the boy be committed to 
the selectmen of Gloster for his education, said Joanes to 
pay 20s. in money to the county. Thomas Rigg's costs 
were 20s.* 

deny: the Answer is this: because I am singled out alone 
to giue my testimony for Christ discouering Antichrists marks 
which apeare in the land privately amongst those I haue had 
sosiety withall: its sartain true when Antichrist Rains: if 
any will be faithfuU for christ they must witnes against Anti- 
christ which is self loue & louers of pleasurs more then louers 
of god: these must be hated by Diotrephes who loueth pre- 
eminence: the witneses are now slaine but shortly they Rise 
againe. 

^^Aprill 11. Jere: Watts.'^f 

♦Warrant, dated Apr. 28, 1682, for the appearance of Benja- 
min Jones and Eliazabeth his wife upon charge of shamefully 
beating a child. William Sanders, who had been ordered 
to be taken away from them, and also for Timothy Day and 
Phebe Day, his wife, and James Davis as witnesses, signed 
by Daniel Denison,t and served by Thomas Riggs,t constable 
of Gloscester. 

Bill of cost, 18s. 

Hanah Clarke, aged about nineteen years, testified that 
she had seen them whip the little boy, beat him on the head 
and kick him about the house. She spoke to them about 
it and Jones' wife said the more people talked of it the worse 
it would be for the child. Sworn in court. 

Temothy Day, aged about twenty-six years, deposed that 

t Autograph. 



296 IPSWICH QUARTERLY COURT [May 

William Saunders, servant to Benjamin Joanes, having 
been taken from his master by the court on account of great 
abuse by beating, was given into the hands of the selectmen 
of Gloster who were ordered to place him out with any suitable 
person upon the best terms they could make, and report to 
the court for confirmation. 

In the case of Daniell Gott against Thomas and Joseph 
Browne, the latter were ordered to pay 20s. each to the county 
and 10s. each to Daniell Gott for their abuse of him.* 

John Atkinson of Newbury, being the reputed father of Sarah 
Stickney's last child, complained that he is hard put to it to 
pay all charges, and court ordered that half of his payments 
should be in money and the other half provisions or clothing 
for the said child at money price. 

they had beaten this fatherless boy as many as a hundred stripes 
in one day so that his flesh was bruised and black. Sworn in 
court. 

Thomas Riggs and James Davis, selectman and grand- 
juryman, went to Jones' house to search the child and found 
him very black from his shoulders to his hips. Sworn in 
court. 

*Daniel Gott's bill of cost, to Samuel Gobbet, Joseph and 
Thomas Brown, etc., 31i. 6d. 

Daniell Gott, jr., aged about fourteen years, testified that 
he saw his father go to drive Joseph Brown's cattle out of 
his rye which was sowed on land that his father and Brown 
hired of John Keassar of Haverill. Gott said he would send 
them to the pound, but Joseph and Thomas Brown held his 
father and challenged him into the swamp to fight. They 
also punched his mother. Daniell Gott, sr., testified to the 
same. Sworn, May 9, 1682, before Daniel Denison.f 

Daniel Gott, jr., deposed that he turned the cattle out of 
the rye into the highway and Brown's boy put them back. 
Joseph Browne told his boy to keep them there. Sworn, 
May 9, 1682, before Daniel Denison.f 

Daniell Gott, aged about thirty-six years, deposed that 
Joseph Browne and his brother Thomas, etc. Sworn in 
court. 

Mary Gott testified that Browne kicked her brother Daniell. 
Elisabeth Gott testified to the same. Sworn, May 8, 1682, 
before B. Gedney,t assistant. 

Elizabeth Gott, aged about thirty-six years, deposed that 
she was in her husband's orchard, etc. Sworn in court. 

t Autograph. 



1682] RECORDS AND FILES 297 

Major Appleton fined John Davis, Nicolas Rich and Peeter 
Yarington for misdemeanors. 

Benedict Pulsipher, jr., convicted of being with Steephen 
Crose^s negro aboard Grose's sloop, stealing wine, sugar and 
biscuit to the value of 36s., was ordered to pay half the treble 
damages to said Grose and to be whipped.* 

*Petition, dated May, 1682, of Benedictus Pulsepharrf 
'*It is a great grief unto me that my Ghild should be found 
in such folly and sinne; and I have examined him about 
it as much as I could do and by what I can learne the Negro 
that did belong to the sloop for the manageing of her at sea, 
who was servant to Stephen Gross part owner of the sloop, 
I say, the said Negro did Intice my Ghild to committ that 
vileness, for he the said Negro (who is very well known a 
wicked person) came to my son, told him that if he would go 
to the sloop along w*** him he would giue him as much sacke 
as he could Drink and because my son knew that he went in 
the vessell, viz. the sloop thought it no harme so went along 
with him, where the said Negro gaue him those things that 
appeared afterwards to be stollen out of y* sloop and my 
son was but of a very weak capacite (I pray God to give him 
more understanding) Therefore might easily be Inticed by 
such a person as was y® said Negro belonging to the said 
sloop: that my son is but of a weak Gapacitie appeared when 
I put him to the Great scooldame, viz, Goodwife GoUens, 
who was accounted aboue many for that facaltie of Teaching 
Ghildren to Read; to her my son went to scool the space 
of four years in which time he could not be brought by her 
to know his Letters, shee complaining, she never amongst 
all that ever she Taught (who kept scool and did little elce) 
for y* space of above thirty years saw any so Dull to learne 
hauing in a manner no memory: Then from her I putt him 
to scooU unto Mr. Andrewes who I thought would learne 
him if he were capable to Learne of any bodie, and with him 
he was the space of two years; but in all that time Mr. An- 
drewes could not bring him to Learn any sense though to 
know some of his Letters || which soon after he forgott || 
and when I asked Mr. Andrewes what he demanded for his 
pay Teaching my son, he Answered that he had taken more 
pains then ordinary to Teach my son, but he was not capable 
of Learning and therefore was ashamed to ask anything: yet 
I sattisfied him to his content. Therefore my humble petition 
is that the honoured Gourt would be pleased to consider my 
Child, conserning the Negro his inticing him who was of so 

t Autograph. 



298 IPBWICH QUARTERLY COURT [Msy 

William Smith was bound to answer the charge of Johana 
Smith, for fornication, his uncle William Smith and Simon 
Stace being sureties for his appearance. 

Joannah Smith, for fornication, was ordered to be whipped, 
but upon payment of a fine the corporal punishment was 
remitted.* 

weak Capacitie, and y* Negro being a person kaown to be so 
bad, allthough his Master did often saverely correct him, and 
as I understand he sinse at the eastward lately did much 
what the like euill That his Master sold him for lesse then he 
would or might have done had he been better. And my son 
did never the like before nor sinse: nor then I do believe had 
not y* said Negro Insnared him by his Insinuations, for my 
son hath told me several times, that he thought it was y* 
said Negro his things and my son being of so weak Judge- 
ment belieued him knowing that The said Negro did help 
manage the vessel or sloop at sea, and commonly kept in her 
when harboured: I therefore begg and Intreat y* honoured 
Court to extend as much Pitty and mercy as in them lies 
Towards my Child, so I Rest, Comitting you to the Care 
and protection of y® Almighty." 

*Joanna Smith'sf petition. May 10, 1682, that the court 
would have *' compassion upon an unworthy poor wrech y*^ 
hath deserued the rigour and extremity of the law. I am, 
in some measure sensible of my great sin in provoking God, 
the eyes of a jealous God, and humbly beg your prayers and 
the prayers of the people of god for mee. I am young, besides 
my naturall wicked inclination, being subject to the tempta- 
tions of the aduersarye, and his wicked suggestions. Poor 
wretch that I am, I haue dishonored God, disgraced myself, 
and my poor freinds, I humbly lye at the feet of your mercy," 
etc. 

Jobe Smith, aged nineteen years, deposed that he was at 
the house of his brother John Smith the night that Johanna 
Smith charged his brother William Smith with uncivil car- 
riages. They all sat by the fire and then Johanna went ta 
bed in the parlor and he heard her shut the door and William 
went up into the chamber to go to bed with his brother John. 
Deponent lay by the fire and saw no uncivil carriages. 

Warrant, dated Dec. 14, 1681, for appearance of Robert 
Cham upon complaint of George Hardy, for assaulting and 
shamefully abusing him on the highway in the night, signed 
by Daniel Denison.f Upon information and complaint of 
constable Joseph Pike, that Tristram Cofl&n having given 

t Autograph. 



1682] RECORDS AKD FILES 299* 

Elizabeth Gould, for fornication, was ordered to be whipped, 
but upon payment of a fine the corporal punishment was 
remitted.* 

John Chubb, presented for being drunk, was fined. 

John Ring, being by court in Setpember, 1680, ordered to 
pay 2s. 6d. per week for bringing up Martha Lampson's child, 
court now orders that from September, 1681, one shilling, 
six pence be taken off. 

Mary Redy, for fornication, was ordered to be whipped,, 
but upon payment of a fine the corporal punishment was 
remitted.! 

Nathan Webster was discharged of his presentments.! 

bond for Robert Cam's appearance and Cam having escaped, 
CoflBn was ordered to pay. 

♦Elizabeth Gould's petition that her sentence be mitigated: 
"I confes I haue sined against god and my owne consince 
and therby haue dishonored god and the contrey and haue 
brought shaim upon myself and Relations,'' etc. 

tPetition of Mary Redy§ that her sentence be remitted, 
she being **a poor destitute Creature & from all my neer 
friends, though I hope I haue some here in New England, 
I desire that your Honours would be pleased to show mercy 
to me, and I desire your prayers for me that I might reform 
& leave of all such wickednes through Gods help who is able 
to saue me." 

JWarrant, dated Apr. 4, 1682, to Nathan Webster upon 
his presentments about killing a tame deer, for lies and for 
breach of the peace, also summons to William Savery, Robert 
Swan, sr., Caleb Hobkinson, Nicholes Walingford, Robert 
Savery, Mary Savery atid Samuell Stickny, as witnesses,, 
signed by Robert Lord§ cleric, and served by John Tenny,§ 
constable of Bradford. 

John Emery, aged twenty-four years, deposed that one 
time last winter he heard Thomas Stickne say that they 
would make an honest man of Webster whatever they did 
with the rest. Sworn in court. 

Copy of Nathan Webster's complaint, dated Oct. 31, 1681, 
to Major Generall Daniell Denison, Esq., and other papers 
in a similar action, Nov., 1681, in Salem court. 

John Emerry, aged fifty-four years, deposed that a short 
time after the discourse between Nathan Webster and John 
Watson, Samuel Stickney, sr., came to deponent's mill to 
grind and he asked said Stickney about the great stir in the-- 

§ Autograph. 



"SOO IPSWICH QUARTEBLY COURT [May 

house and he said he was sitting by the fire smoking a pipe 
of tobacco and did not pay much attention to it. There was 
a great stir in the entry but there was but little light in the 
house and he could not see. 

Israel Webster, aged thirty-eight years, deposed that John 
Teney was at his house talking with his wife about his brother 
Nathan. She said "one you tould me that if the best of 
men had all theyr faults wrighten in theyr foreheads they 
would be ashamed, wherefore then are you so critical with 
brother Nathan: then said Teney Nathan had up beniamin 
kimbal for cursing and would not put it up. and his oath was 
taken against so many honist men and they weare disgrased 
therby then said I my brother is sory that such a diferanc 
should be amongst neibours teney said exept the plaister 
be as bigg as the sore it will not doe for he disgrast us openly 
in the face of the cuntry and we canot beare to be disgraced 
by him but what we doe we doe to humble him." Sworn 
in court. 

William Savery deposed that having occasion to go to 
Capt. Walker's he saw a deer with a red collar around its 
neck at the house of Thomas Stickny and when deponent 
went back he saw that Nathan Webster had killed a deer. 
He asked Webster why he killed his deer and Webster asked 
him what his earmark was. Deponent said he had not marked 
the deer. Sworn in court. 

Samuell Stickney and William Savery deposed. 

Samuell Haselton, aged thirty-four years, and John Hasel- 
ton, aged twenty-four years, testified that being with Nathan 
Webster at Newbury Falls, etc. 

Caleb Hopkinson, aged about thirty-lwo years, and Nicholas 
Walingford, aged about twenty-six years, deposed that the 
•night following the day that Webster shot the deer near where 
Thomas Stickney dwells, they asked Webster why he would 
shoot a deer with a red list around its neck. They said it 
was probably David Wheeler's. Sworn in court. 

John Emerry, aged fifty-four years, deposed that Webster 
came to his house and said he had killed a young buck and 
asked if he knew who had a tame deer for he would give it 
ifO whom it belonged. Sworn in court. 

Robard Swan, sr., aged fifty-six years, deposed that he 
was going to Newbury through Mr. Phillips' farm and helped 
Webster carry the deer into Phillips' house at Bradforth 
and dress it. Goodman Savery's son came by and said he 
had killed his deer, etc. Sworn, 8:3: 1682, before N. Sal- 
4;onstall,* assistant. 

Mary Savery, aged about fifty years, deposed that Nathan 

* Autograph. 



1682] BEC0BD8 AND FILES SOf 

Thomas Bettes, for stealing and running away^ was ordered' 
to be whipped and pay treble damages, to Tho. West, Savory^ 
Robt. Haselton and Stickny.* 

Administration granted to John Downeing of the estate 
of Richard Brabrooke and the agreement made betweeik 
John Downeing and his mother-in-law, Joane Brabrooke, which 
was acknowledged by them both in court last March, was 
confirmed. John Beare was to enjoy that land at Wenham 
and to have three acres of marsh about the "hommok" of 
rocks, said Beare paying the debt contracted by Tho. Patch 
to Marchant Wainwright for said Brabrook's use.f 

Webster said that her son William Savery did not make any 
disturbance that night, etc. Robert Savry testified to the 
same. Sworn in court. 

♦Warrant, dated Apr. 4, 1682, to John Symons' servant^, 
for stealing six shillings from Thomas Stickney, and sum- 
mons to witnesses, Robert Hazelton and John Symons, signed 
by Robert Lord,} cleric, and served by John Tennie,J con- 
stable of Bradford, who went to give notice to Thomas Bettes 
and found that he had run away. 

Bill of cost, Thomas West for taking the boy up, carrying 
him to his master, watching all night with him, taking him 
to the Worshipful Major Saltonstall and then to the constable 
of Bradford; John Tennie,t constable of Bradford, costs 
for serving the warrant on Thomas Bettes, who *'had played 
some new pranks," and '^horses being in the woods that 
wear fit for service I spent a prety deal of time to procure 
a man to haue him to prison, etc. 

Robert Haseltine testified that Thomas Stickney told 
him that he suspected Thomas Bettes of stealing six shillings 
from him and asked deponent to go with him to Goodman 
Simons to see if he could get it. The latter accused his ser- 
vant and went into the house and received the money, re- 
turning to it deponent. Sworn in court. 

tDeed, dated Oct. 20, 1669, from Richard (his mark) Bray- 
brooke,§ of Ipswich, yeoman, in consideration of a marriage 
to be solemnized between John Downing of Ipswich and 
his daughter Mehitabell Braybrooke, to said Downing and 
Mehitabell, one-half of the farm he now dwells upon on the 
south side of Jubague river in Ipswich, with houses, barns, 
etc., reserving six acres of marsh, the benefit whereof he had 
appointed in time to come to be transferred to his farm at 
Wennam, and three score pine logs already fallen within the 

t Autograph. § Autograph and seal.. 



302 IPSWICH QUARTBRLT COURT [May 

Mary Williams forfeited her bond for appearance, and she 
was ordered to be whipped unless she pay the bond or 31i. 
in money. 

Margret AUexander, for fornication, was to be whipped. 
Upon payment of a fine the corporal punishment was remitted. 

Thomas Bettes, servant to John Simmons, often running 
away and being incorrigible, said Simmons was discharged 
of his obligation of teaching the trade of a weaver. 

Mr. William Cogswell having taken Thomas Bettes, who 
was sentenced to be whipped, and paying 40s., said Bettes 
had his corporal punishment remitted, and in consideration 
of his master Cogswell buying off his whipping, he agreed to 
serve him one year more than the time of his indenture and 
the six months ordered to serve his master Simmons by Ips- 
wich court. Mar. 29, 1682. Jo. Sparke was allowed charges. 

Phillip Fowler was presented for abusing his servant, Rich- 
ard Parker, and although court justified any person in giving 
meet correction to his servant, which the boy deserved, yet 



bounds of the farm he now dwells on; John was to carry 
on the whole farm during the lives of said Richard and Jone, 
his wife, and if he paid lOOli. before the death of Richard 
and his wife, they should enjoy the whole farm as their own. 
Wit: Willm. White* and John (his mark) Pinder. Acknowl- 
edged, Nov. 3, 1669, before Daniel Denison.* Recorded, 
Mar. 18, 1669, among the records of lands for Essex at Ipswich, 
book 3, folio 43, by Robert Lord,* recorder. 

Copy of an action, Richard Brabrook v. Corp. John Gage 
and William Whittered, 30 : 4 : 1663, in Salem court. 

Deed, daled May 29, 1656, from Edward Harrendon,* 
of Ipswich, for 1141i., to Richard Brabrooke of Ipswich, all 
his house and land that he bought of Thomas Knowlton, 
administrator of the estate of his brother William Knowlton, 
and what he had of the town, about 150 acres, on Chebaco 
river, bounded by the land of John Burnam on the south- 
west, the line between Gloster and Ipswich on the southeast, 
land of John West on the northeast and the maijsh of William 
Whittred and other broken marsh on the northwest. Wit: 
Robert Lord* and Henry Kingsbury.* Acknowledged, May 
2, 1681, before Daniel Denison.* Recorded, Mar. 23, 1669, 
in the records of lands for Essex at Ipswich, book 3, folio 145, 
by Robert Lord,* recorder, Sarah, wife of Edward Har- 
raden, gave her consent. 

* Autograph. 



1682] RECORDS AND FILEB 303 

they did not approve of the' manner of punishment given 
in hanging him up by the heels as butchers do beasts for the 
slaughter, and cautioned said Fowler against such kind of 
punishment. He was ordered to pay costs. 

Richard Briar, being charged with a prisoner, Benidict 
Pulsipher, who was sentenced to be whipped and to pay half 
the treble damages to Steephen Crose, let him escape and 
run away.* 

John Bridg dying intestate, Major Genrll. Denison, Esq. 
and Major Appleton, Esq., on June 20, 1682, granted admin- 
istration upon the estate to Henry Gould, who was ordered 
to bring, in an inventory to the next Ipswich court. 

Receipts and expenditures of the Ipswich court from 1667 
to 1682: '^ 

March term, 1667, received from fines and fees, from Sam. 
French, Lidia Browne, Obadia Bridges, Stephen Crose, Wil- 
liam Andrews, Joseph Gidding, Robert Crose, jr., John An- 
drew, jr., Alister Grime, John Woolcott, Rachell Clenton, 
481i. 10s. lOd. ; paid to Jo. Lighton, Sam. Moody, Mr. Baker, 
Major Hathorne, Mr. Payne's maid, Jo. Woolcott, Thomas 
Thurla, etc., 331i. 7s. April term, received from William 
Qarles, Ezekiell Woodward, Thomas Bishop, lOh. 12s. lOd.; 
paid expenses at Mr. Baker's, etc., 3U. 9s. September 
term, received from Danyell Hovey, Joseph Evely, Abraham 
Robinson, Joseph Safourd, Holick Country, for Jo. Lighton, 
29U. 4s. lOd.; paid for Mr. Bradstreet's action, Mr. Perkins' 

*William MufFet, aged about nineteen years, testified 
that **being appoynted to keep in Custody (w*** another 
man with me) Charls Connaugh & Richard Bryar after y* 
execution of whipping at Newbury for some offences y* they 
had committed; the sayd Bryar being in a garret in y* tavern 
& soon after he was punished began w*** great Singing & pres- 
ently after kneled down against a Chest & sayd he would 
go to prayer, & further sayd y* if he had known he should 
have come to y* ordinary & stayd so long there, he would 
haue brought his money & would have been as drunk as 
Davids son; & furthermore y* Joseph Woolcot came up & 
commanded him y^ he was of such a stout heart & y^ he was 
not daunted: & furthermore y* y* s** Bryar told ym y* he 
did not value his whipping y* skip of a flea onely for a little 
.shame & y^ it smarted onely a little upon one side." 



304 IPSWICH QUARTERLY COURT [May 

actions^ Mr. Willson for Hanfourd, expenses at Mr. Baker's, 
191i. Is. and at Deacon Pengry's for the grand jury, lli. 17s. 
2d., total, 291i. 19s. 8d. Nov. term, received from Peeter- 
Nash, Obadiah Bridges, John Pinder, jr., John Pinder, sr., 
31i. 15s.; paid expences at Mr. Baker's, allowed for Sam. 
Roberts, 81i. IDs. 

March term, 1668, received from fines and fees, from Wm- 
Sprage and Hellen Chard, Robert Crose, for his servant Nicho- 
las Bouden, John Webster, 261i. Is.; paid to Elizabeth Fryer, 
to the keeper of the prison for salary two years, 61i., expenses 
at Mr. Baker's, 20h. 12s. 2d.; total, 321i. 2d. September 
term, received from Thomas White, Tho. Hobs, John Leeds, 
91i. 8s. 4d.; paid to Mr. Batter, expences at Mr. Baker's, 
131i. 8s. 4d., expences at Deacon Pengryes, lli. 7s. 8d., at 
Quartermaster Perkins', 17s. 4d., paper, 6d., etc., total, 18b\ 
Is. 4d. 

March and April, terms, 1669, received from James Fourd 
by Mr. Symons, John Godfry, Abraham How, Tobiah Per- 
kins, Daniell Wood, Elizabeth Gater, Hen. Bennett, Eliza- 
beth Randall, Jo. Woolcott, Peeter Tappan, Thomas Maning, 
John Maning, Caleb Kimball, Marke Quilter, Thomas Wells, 
John Downeing, Peeter Strickland by Nath. Wells, John 
Chubb, 391i. 3s. 4d.; paid, expences, at Mr. Baker's 261i- 
16s. 2d., at Quartermaster Perkins for the grand jury, 21i. 
10s., to Silvester Evely, constable, Henry RenoU, Joseph 
Prince, etc., 431i. 13s. 8d. September term, from Evan Mor- 
ice, Daniell Ela, Samuell Moody, Daniell Mussellaway, John 
Edwards, Marke Quilter, 121i. 6s. 2d.; paid, expenses at 
Mr. Baker's and Quartermaster Perkins', etc., 131i. 9s. 8d. 

March term, 1670, received from Daniell Pearce of New- 
bury, John Webster, John Death, and wife, Phillip Fowler,. 
Thomas Bolancher, Mr. Edward Woodman, 271i. 2s.; paid 
12d. to Mr. Bradstreet to give where he lodged, paper, 8d., 
to Samuell Moody, expences at Mr. Baker's and Quartermaster 
Perkins, to Capt. Gerrish from Jo. Webster, etc., 281i. 19s. 
May term, received from Steven Crose, Edward Cogswell, 
Constance Longhorne, etc., 131i. 8d.; paid for expences at 
Mr. Baker's 31i. 14s., repairing the prison, 31i. 8s., Mr. Willson's 
salary, 31i., total, llli. 7s. September term, received from 
Daniell Pearce of Nubery, Wm. Tittcombe, Robert Crose,. 



1682] RECORDS AND FILES 305 

Wm. Damford, Wm. Tittcombe, Henry Jaquis, Thomas 
Thurlay, Frances Thurlay, 13li. 6s. 8d.; paid, expences at 
Mr. Baker's, etc., ISli. 13s. 

March term, 1671, received from Symon Stace, Jonathan 
Lomas, Nathaniell Warner, Samueli Younglove, George 
Major, John and Thomas Edwards, John Perly, Joseph Armi- 
tage, etc., 27h. 5s. ; paid, the marshal from Jo. Edwards, expences 
at Mr. Baker's, 171i. 17s. 4d., grand jury at Quartermaster 
Perkins', 31i. 7s. 6d., Mr. Willson's salary, 31i., total, 291i. 
7s. 4d. April term, received from Josiah Clarke, Henry 
Bachelour, Thomas Dennis, Sarah Warr, Thomas Johnson, 
Mr. Woodman and company, Mr. Gilberd, 821i. 12s. 2d.; 
paid, to Mr. Baker, 8U. 8d., Quartermaster Perkins, wine 
for both sessions, Hi. 3s., to Daniell Peirce and Richard Kent, 
etc., 161i. 6s. 8d. September term, received from Sergt. 
Thomas White, Mathew Perry, Daniell Buttler, Mr. Gil- 
bert, Tho. Lovell, Lawrance, John Barker, Fran. Wainwright, 
Mr. Symonds, Evan Morrice, Ens. John Gould, 141i. 13s. 
4d.; paid, to Samueli Moodye, expences at Quartermaster 
Perkins', 121i. 3s. lOd., at Mr. Baker's, 21i. 10s., total, 181i. 
168. lOd. 

March term, 1672, received from Daniell Borman, Rich. 
Bedford, Wm. Lanchester, John Lee for Wm. Holdred, Patrick 
Morrin, Thomas Chubb, John Hobbs, 591i. lis. 6d.; paid 
to Robert Ayres, Zachery Herrick, Robert Hebberd and 
his daughter, John Person of Rowley for mending a bridge, 
14s., expences at Quartermaster Perkins, 181i. 18s. 4d., grand 
jury at Mr. Baker's, 41i., total, 431i. 3s. 4d. May term, re- 
ceived from Nathaniell Lennard, Thomas Lennard, Thomas 
Andrews, Nathaniell Wood, George Smith, Andrew Peeters, 
Obadiah Bridges, Thomas Dennis, Peeter Tappan, Robert 
Bedle, Mr. Crosbie, Peeter Jenkins, Quartermaster Perkins, 
Edward Lomas, Robert Adams, Laurance Clenton, 131i. 13s. 
6d.; paid to Phillip Fowler, Mr. Ezekiell Rogers, Mr. Burr, 
etc., lOli. 6s. lOd. September term, received from Samueli 
Watts, Daniell Butler, Frances Cole, Elizabeth Stanley, John 
Hobbs, Samueli Plumer, Marke Quilter, 171i. 12s. 6d.; paid 
to Jonathan Moore, etc., 211i. 8s. lOd. 

March term, 1673, received from town of Topsfield, Robert 
Grose, John Thomas, Wm. Dodge, Abraham Martin, goods 



20 



306 IPSWICH QUARTERLY COURT [May 

in the constable's hands of Wenham, Frances Thurley, Peeter 
Leycross, Symon Wood, Jonas Gregory, Nath. Emerson, 
Rich. Pasmore, John Leigh, Sarah Row, John Hobbs, Tho. 
Knowlton, 581i. 10s.; paid to John Gould, Thomas Bishop's 
action and father's fine, etc., 351i. 10s. 8d. April term, re- 
ceived from Ens. Thomas Chandler, Mary Greely, David 
Bennett, Capt. Paul White, Joseph Leigh, John Roberds, 
llli. 3s. 6d.; paid to Samuell Hunt, Mr. Bradstreet, to a law 
book, 4s., etc., 51i. 14a. September term, received from 
John Pearce and wife, Anthony Morse, John Leigh, Joseph 
Leigh, Dan. Clarke, Sam. Pepon, Thomas Menter, Rich. 
Passimore, Peeter Lacrose, Tho. Attwood and wife, John 
Baker, Nath. Wells, Sam. Smith, Hanah Button, Joseph 
Fowler, Phillip Fowler, etc., 531i. 15s. 2d.; paid to Jer. Els- 
worth from Patrick Morrins fine, Daniell Borman, Daniell 
Roffe, etc., 301i. 17s. lOd. 

March term, 1674, received from Samuell Hunt, sr., Samuell 
Hunt, jr., John Line, Wm. Wormwood by Capt. Gerrish, Tho. 
Davis, Tho. Shadock, etc., 241i. 16s. 8d.; paid for expences, 
paper. Is., etc., 341i. 5s. May term, received from Sarah 
Woolcott, Samuell Mighill, John Wattson, John Chubb, Tho. 
Knowlton, Goodwife Hunt, Freegrace Norton, Richard Holmes, 
Walter Fairefield, note from Dep. Gov. Symonds, etc., 121i. 
13s. 4d.; paid Clerk's fees, etc., 141i. 3s. 4d. September 
term, received from John Attkinson, Tom. Indian, Samuell 
Younglove, Samuell Hunt, Abigaill Lynden, John Downeing, 
191i. 19s. 2d.; paid to John Hathorne, etc., 27h. 7d. Novem- 
ber term, received from Rich. Dole's negro, John Hale's negro, 
Capt. John Weaver, Thos. Lovell, sr., Thos. Lovell, jr., Obadia 
Wood, Nath. Browne, Samuell Hunt, etc., 61i. 3s. 

March term, 1675, received from Roger. Darby, and Lu- 
crecia, his wife, Nathaniell Chapman, etc., 251i. 12s. 6d.; paid 
to Topsfield abatement on bridge fine, Mr. Willson's salary, 
31i., etc., 391i. 15s. 3d. April term, from Daniell Ela, Thomas 
Ally, Jo. Gamage, Andrew Heiden, John Chubb, Thomas 
Dennis, Mr. Willison for an Indian, John Jackson, 3 Hi. 2s. 
6d. ; paid for 3 Indians brought from Gloster by Wm. Sargent, 
constable, 15s., to Andrew Heiden, for whipping 2 Indians, 
12s., etc., 51i. lis. 4d. September term, James Fry, Steven 
Parker, John How, Mr. Duncan, James King, John Browne, 



1682] RECOBDS AND FILES 307 

Jo. Baker, John Pickard, Arthur Abbot's wife, Pulsifer, Haniel 
Bosworth's two daughters, Mary Chapman, Margret Lam- 
bert, Roger Darby and wife, John Kindrick's wife, Tho. 
Knowlton's wife, Obdaiah Bridges' wife, etc., 291i. 2s. 6d.; 
paid to the elarke for a book to record land and a law book, 
Hi. 9d., to the elarke by cider to the quartermaster, lis., etc., 
201i. 16s. 4d. 

March term, 1676, received from Martha Gilbert, Samuell 
Leach, Wm. Wattson, Henry Gould, Abraham Jewett, Hanah 
Poland, Edward Stone, Rich. Dole's negro, Jo. Andrews, 
Mingo Dole's negro, John Tenney and Richard Bartlett, etc., 
301i. 19s. 2d., paid fees and expences, 241i. 17s. 5d. September 
term, from Benjamin Roff's negro, Joseph Browne, Roger 
Darby and wife, Hanah Lovell, etc., 131i. 5s. 

March term, 1677, received from Mr. Jonathan Wade, 
Joseph Steevens, Ephram Foster, Ephram Steevens, Nathan 
Webster, Joseph Gutridge, Richard Woodbery, Joshua Rich- 
ardson, Caleb Richardson, Edward Ordway, Richard Carr, 
Thomas Leonard, Blaze Vinton, Samuell Moore, John Lee, 
Abigaill Morse, Sarah Gowin, Jos, Mr. Wainwright's negro, 
Hanah Howard, etc., 791i. 2d.; paid for expences, etc., 361i. 
4s. 6d. April term, from John Whityer, Mary Knight, Stee- 
ven Lavener, John Mitchell, George Major, Moses Hagget, 
Christopher Bowles, etc., 31i. 4s. 2d. ; paid to Thomas Knowlton, 
John Kindrick, John Pearson for charges about Thurell's 
bridge, 391i. 3s. September term, received from Thomas 
Thurla, Lawrence Clenton, Mary Woodden, John How, etc., 
261i. 12s. 6d.; paid for expences, 271i. 3s. 5d. November 
term, received from Jacob Addams, Roger Darby, Sam. 
Lad, Robert Crose. James Tenny, etc., 91i. 15s.; paid, 15s. 

March term, 1678, received from Thomas Giddings, and 
wife, Samuell Perkins, Peeter Shamway, James Chute, Phillip 
Fowler, Tho. Baker, Daniell Clarke, John Lee, Quartermaster 
Perkins, Jacob Hardee, Caleb Boynton, 351i. 15s.; paid to 
expences at Quartermaster Perkins, 161L 5s. lid., expences 
at Goodman Sparkes for the grand jury, 41i. 10s., to the house, 
10s., 261i. lid. April term, received from Rowly, old Looke, 
John Downeing, Timothy Johnson, Rich. Bedford, Jonas 
Gregory, Sam. Perkins' wife, Peeter Shamway, Capt. Wm. 
Gerrish, 431i. 3s. 4d. ; paid for Jonas Gregory's salary, Hi., 



308 IPSWICH QUABTEBLY COUBT [May 

expences, 51i. 13s. 7d. September term, 1678, received from 
Thomas Tenny and Wm. Tenny, Tho. Thurla, Benjamin 
Webster, Joseph Marshall^ John Browne, 221i. ; paid to John 
Sparke for the grand jury, 41i. 14s. lOd., etc., 201i. 78. Nov- 
ember term, received from Nath. Todd, Elizabeth Holmes, 
Martha Smith, Jo. Walden, Walter Wright, Martha Gilbert, 
Luke Perkins, Susana Hart, Gershom Lambert, Phillip Fowler, 
James Dickenson, Bryer, Howlet, Thurla, Lunt's wife, Sarah 
Savery, Jo. Baker, Hanah Hoberd, llli. 5s. lOd. ; paid, 91i. 
14s. 2d. 

April term, 1679, received from Sarah Gilbert, Joseph 
Killam and wife, Johnson, Symon and Annis Hoare, John 
Browne, John Dent. Mr. SameuU Phillips, 261i. 17s. 6d. ; paid 
291i. 12s. 4d. September term, received from Dynah Mar- 
shall, Wm. Hodgkins, Pulsipher, and wife, Jo. Pulsipher, 
Sarah Short, Hanah Adams, John Barry's wife, Abell Pils- 
bury and wife, Wm. Faning, Jo. Baker, Frances Quilter, 
Ann Pegy, Goodman Lovell, Wm. More, Wm. Longfellow, 
William Danford, 291i. 3s. 8d.; paid, 221i. 10s. 3d. 

March term, 1680, received from Mr. Davison, Lt. Ossgood, 
Pheby Newmarsh, Benjamin Pearson and wife, John Sady 
and wife, John Wheeler and wife, Samuell Lomas, Mr. Jer. 
Hobart, Walter Fairefield, Joseph Miricke, 331i. 7s. 6d ; 
paid to John Emry, and expences, 361i. 6s. lid. May term, 
received from George White, Major Pike, Thomas Elitrop, 
Sam. Cluffe and wife, Daniell Ela, Samuell Gatchell and 
wife, Thomas Thurla, John Brown, John Griffen, John 
Pindar, Zacheas Perkins, Nath. Wells and wife, etc., 2511. 
12s. 6d.; paid, 71i. 148. 2d. September term, received from 
Sam. Eaton, Ben. Grely, John Ring, Jacob Maning, Martha 
Lampson, Zachry Curtin, widow Bridges, Sam. Worster, 
John Coming, 221i. 13s. 4d.; paid, 211i. 17s. 2d. 

March term, 1681, received from Sara Lambert, Richard 
Long and wife, Anstis and Marget Maning, Elizabeth Per- 
kins, Luke Perkins, Wm. Longfellow, Sarah Stickny, Edward 
Phelps, Francis Quilter, John Downeing, Henry Bennet, 
Wm. Hay ward, William Armitage, 531i. 7s.; paid, expences, 
261i. 138. 8d. September term, received from John Towne 
and wife, John Bager of Newbury, Daniell Killam, Joseph 
Parker and wife, Joseph Peasly, John Baker, Hugh Stone 



1682] BECORDS AND FILES 309 

of Andover, John Page of Haverill, 321i. 7s. 8d.; paid, 261i. 
2s. lOd. 

March term, 1682, received from Daniell Ela, Abigaill 
Hart, Mary Hood, taken by Mr. King of Salem, Tristram 
Coffin, Thomas Smith, Martha Gilbert, Peeter Brewer, 22s. 
6d., to pay for two wolves to Sam. Davis, Peeter Greene, 
Ebenezer Browne, Tucker and Gilbert of Marblehead, Eliza- 
beth Smith, James Creeke, John Page, John Attkinson, 431i. 
9s. 6d.; paid, to the dark fees from Peeter Brewer and by a 
new booke for the court, 3s., expences at Quartermaster 
Perkins', 201i. 17s. 2d., expences by the grand jury, Capt. 
Saltonstall, and Marshal Skery at Jo. Sparkes, 41i. 12s. 3d., 
total, 281i. 12s. 5d. May term, received from Joseph and 
Thomas Browne, Benjamin Joanes, Joanna Smith, Eliza- 
beth Gould, John Chubb, Mary Reddy, Margreett AUex* 
ander, Mr. Wm. Coggswell for Thomas Bettes, 181i. 19s.; 
paid to the marshal for cider for the court, 2s. 6d., expences, 
etc., 51i. 3s. 4d, The marshal's salary for eight years at 
31i. per year, 241i. 

Joanes Gregory, aged about twenty-four years, testified 
that about nine months since at Renold Foster's house he 
heard William Whitred say that he had no marsh on the 
further side of Harrendien's creek. Said Whitred had had 
land there, but had given it up and had taken up land at his 
farm. Sworn, June 24, 1663, before Daniell Denison. Copy 
made by Hilliard Veren,* cleric.f 

Rate made, Nov. 17, 1679, for the elder's salary: Capt. 
Applton, Hi. 5s. lOd.; Major Applton, Hi. 9s.; Mr. Andrews, 
8s. 3d.; Edward Alline, 13s. lOd.; John Anable, 6s. 3d.; 
Sam. Ayers, sr., 8s. 4d.; John Andrews, sr.. Hi. Is. 2d.; John 
Andrews, jr., 8s. 4d.; John Adames, 18s. 2d.; Nath. Adames, 
13s. 7d.; Sam. Ayers, jr., 8s. 9d. ; Tho. Ayers, 7s.; John 
Ayers, sr., 4s. 2d.; Nehemiah Abbet, sr., 8s. lid.; Tho. At- 
wood, 9s. 4d.; Arther Abbit, 4s. 2d.; Will. Andrews, 78. 4d.; 
Simon Adams, 5s. 2d.; Sam. Ardawaye, 5s. 2d.; Sam. 
Adames, 58. 2d.; John Bridg, 4s., Crise Boales, 6s. 
7d.; James Burnum, 8s. 8d.; Haniell Bozwell, 6s. 3d.; Sergt. 
Bruer, 6s. 3d.; John Bruer, jr., 7s.; Joseph Brown, 7s. 4d.; 
John Brown, glazier, 4s. 6d.; Job Bishop & sister Bishop, 5s.; 
Tho. Borman, 19s.; Ed. Briges, 10s. 2d.; Sergt. Belcher, 
8s. 4d.; John Baker, 8s. 4d.; Henry Benit, lli. 14s. 4d.; John 

* Autograph. j See airUe, vol. 3, p. 74. 



310 IPSWICH QUABTERLT COtJRT [May 

Brown, farmer, Ss. 4d.; Tho. Burnum, jr., 7b% 4d.; Nath. 
Brown, jr., Ss. 4d.; Ed. Brage, ISs. 7d.; Moses Bradstreet, 
14s.; John Berrye, 19s. 4d.; John Burnam; Mr. Berrye, 

; Major Genii. Denison, 18s. 6d.; Samuel Dutch, 5s. 

2d.; Thomas Denis, John Day, 7s. 3d.; John Dean, sr., lis. 
9d.; John Dean, jr., 9s. 4d.; William Durgey, 6s. 4d.; John 
Downing, Ts. 3d.; Daniell Davison, 12s. 5d.; John Dresser, 
2s. lOd.; Thomas Day, 10s. 2d.; Samuel Dodg, lis.; Thomas 
Dow, 98. 9d.; Hopkin Davis, 5s.; Daniel Epps, sr.. Hi. 15s. 
4d.; John Edwards, 12s. 2d.; Nath. Emerson, 16s. lOd.; 
Nath. Elithrop, Ss. 6d.; Petter Emens, 5s. 6d.; Thomas 
Edwards, 10s.; Joseph Euley, 10s. 4d.; Joseph Fuller, 48. 
2d.; Nath. Fuller, 4s. 2d.; Phillip Fowler, lOs. 4d.; Rey- 
nold Foster, sr., 78.; Jakob Foster, 7s. 2d.; Thomas Fossey, 
4s. 2d.; Joseph Fellows, 13s. 4d.; Insign French, 5s. 2d.; 
Thomas French, 7s. 9d.; Samuel French, 46. 2d.; Samuel 
Fellowes, 10s. 2d.; Abraham Fitts, 14s. 6d.; Renold Foster, 
jr., 12s. 5d.; Walter Fayrefield, Is. 5d.; Mr. Farlow, 13s.; 
Joseph Jewet, 4s. 2d.; Nehemiah Jewet, 8s.; John Jewet, 
9s.; Samuel Ingalls, Hi. 5s.; Nath. Jakob, 5s.; Thomas 
Jakob, lOs. lid.; John Kimball, 12s.; John Knowlton, sr., 
9s. lOd.; Joseph Knowlton, 4s. 2d.; John Knowlton, jr., 
4s.; Caleb Kimball, John Kindrick, 6s. 6d.; Deacon Knowlton, 
lli. 5s.; Thomas Knowlton, 6s. lid.; Robert Kinsman, Hi. 
6s. Id.; Daniel Killam, 17s. 3d.; Daniel Killam, jr., 6s. 3d.; 
Thomas Killam, 4s. 2d.; Nath. Lamson, 4s.; Joseph Lee, 
lOs.; Thomas Lull, 9s.; Robert Lord, sr., 12s.; Robert Lord, 
jr., 13s. 7d.; John Leyton, 6s. 3d.; Thomas Lovell, 13s. 
lOd.; Edward Lumus, lOs. lOd.; Richard Lee, 9s.; Jno. 
Lee, 5s. 2d.; Thomas Low, 16s. 7d.; John Low, lis. 5d.; 
Lewis Leford, 4s. 2d.; John Lamson, lis.; Samuel Lumos, 
5s. 7d.; Petter Lurevey, 3s. 6d.; Benjamin Marshall, 5s. 
8d.; Thomas Marshall, sr., 4s. 2d.; Thomas Marshall, jr., 
5s. 2d.; Joseph Marshall, 4s. 6d.; Thomas Medkef, 12s. 6d.; 
The Milne, 15s. 2d.; Samuel Mosses, 7s. Id.; Daniel Maning, 
4s. 2d.; Abraham Martyn, 5s.; Mr. William Norton, 98. 
lOd.; John Newmarsh, sr., 19s. 4d.; Benjamin Newmarch, 
10s.; Thomas Newman, 68. 3d.; John Newman, 6s. 4d.; 
Edward Nereland, 7s. Id.; Thomas Newmarsh, 5s.; John 
Newmarsh, jr., 8s. 3d.; William Nellson, 48. 4d.; Henry 
Osborne, 9s. 2d.; Moses Pengry and Aron, his son, 98. lOd.; 
Moses Pengry, jr., 4s. lOd.; John Pengry, 6s. 7d.; Quarter- 
master Perkins, 16s. 7d.; Andrew Petters, 13s. lOd.; Beni- 
dict Pulsifer, 9s.; John PuUsifer, 4s.; Serjant Perkins, Hi.; 
Jakob Perkins, jr., 13s. 6d.; Isaack Perkins, 7s. 6d.; Abra- 
ham Perkins, 18s. 5d.; Aron Pengry, sr., 9s. lOd., widow 
Peirce and her son, 9s. 4d.; Thomas Perrin, 48. 2d.; John 
Pinder, 88. 4d.; Anthonie Potter, lli. 4s. 3d.; Joseph Proc- 



1682] RECOBDS AND FILE8 311 

ter, 13s. 5d.; Benjamin Procter, 8s.; Samuel Podd, 4s. 2d. 
John PoUand, 9s. 8d.; Timothie Perly, 7s.; Samuel Perly, 
88. 8d. ; Mathew Pery, 4s. 8d. ; John Pickard, 3s. 2d. ; Thomas 
Perly, Is.; Mr. Robert Payne, jr., 7s. 8d.; John Potter, 6s.; 
Samuel Perkins, 4s.; widow Quillter, 48. 8d.; Joseph Quill- 
ter, 10s.; Mr. Will. Quarles, lis. 2d.; Mr. Samuel Roggers, 
13s. 8d.; Nathll. Rogers, 48.; Walter Roper, 12s. 6d.; Fenell 

Rosse, 4s.; John Rose, ; Kilecris Rose, 14s. 2d.; John 

Ringe, 188. 8d.; widow Reding, 4s. 2d.; John Rogers, sadler, 
5s. 3d.; Daniell Ringge, 5s.; Mrs. Symons, 48. 2d.; Mr. Epps, 
for Argila, Hi. 8d.; John Stanford, 6s. 3d.; Rich. Shatswell, 
10s. 4d.; Rich. Smith, Hi. 14s.; John Starkwether, 4s. 6d.; 
Tho. Smith, jr., 6s. 3d.; Sam. Smith, 5s. 3d.; John Smith and 
his son 8s. 4d.; John Saflford, 6s.; Will. Story, 12s. Id.; Sam- 
uell Story, 4s. 2d.; Will. Story, jr., 4s. 6d.; Seth Story, 5s. 
4d.; Isake Swaine, 48. 2d.; Joseph Safford, 10s. Id.; John 
Sherwin, 98. 3d.; John Sparks, 10s. 6d.; Symon Stase, 188. 

9d.; Georg Stimson, ; John Sadey, 4s. 6d.; Mr. Tuttle, 

lis. 2d.; Samuell Tayler, 58. 7d.; Tho. Tredwell, 98.; Alex. 
Tomson, 4s. 6d., Will. Tomson, 8s. 4d.; Barnard Thome, 
9s. 5d.; Nathall. Tredwell, 13s.; Abram TUton, 4s. 4d.; 
Mr. Wade and his son Tho., Hi. 19s. 2d.; Rob Whitman, 
48.; Ob. Wood, 6s. 5d.; Sergt. Waite, 4s. 4d.; Tho. Waite, 
48. 2d.; Mr. Wainwright, sr., 41i. 10s.; Mr. John Wainwright, 
Hi. 5s.; Danell Worner, sr., 8s. 4d.; Nathll. Warner, 7s.; 
Daniell Warner, jr., 10s. 5d.; John Warner, 10s. 5d.; Samull 
Warner, 4s. 6d.; Jo. Whipple, 21i. Is. 8d.; CorpU. Whipple, 
Hi. Is.; Elihu Wordall, 7s. 3d.; Isaiah Wood, 16s. 7d.; Will. 
White, 3s.; James White, 13s.; Nickles Wallis, 17s.; Twi- 
ford West, 14s.; Nathll. Weles, Hi. 15s. lOd.; Sherbon Wil- 
son, 7s. 8d.; Rich. Walker, 8s. 8d.; Joseph Whipple, 98. 
7d.; Simon Wood, 88.; John Wood, 48. lid.; Mr. Willard, 
17s.; Sam. Yonglove, jr., 7s.; Fransis Yonge, 7s.; Weaver 
at widow Piper's house, 4s.; Zakara Curtis, Is.; total, 15611. 
13s. 2d. 

Mr. Zerobabell Endecott's bill of cost, Joseph Hutchinson, 
witness, etc., 8s. 

Copy of petition of Nathaniel Putnam to the General 
Court, Oct. 12, 1681, at Boston, made by Edward Rawson,* 
secretary: *^ Whereas ther was a Difference between the 
Reverend M' James Allen and M' Zerobabell Endecott about 
the bounds of ther farmes within the Limitts of Salem this 
Honoured Court was pleased to appoint a Committee to 
settle the same which comittee In persuance of the order of 
this court (although I will not say willfully and on purpose) 
Yet hath either for want of Right Information Conserning 

* Autograph. 



312 IPSWICH QUARTERLY COURT [May 

the bounds of ther Lands or some mistake in Runnig ther 
lines to make M' Allen sattisfaction for what land he wants 
of his Complement of ace" belonging to his farme, have taken 
away my land which I bought and have possessed & Im- 
proved neare this fourty yeares: and leave M' Endecott 
still to Enjoy all his land which he claimes all though what 
now he Enjoys is sever all scores of ace" more then his first 
grant was and I apprehending myself very much ronged by 
the Comitties act and being loath to loose what is properly 
and legally my owne Estate have still made use of my land 
as I did for Thirty yeares agoe and more for which M' Allen 
sued mee to Salem Court where he was cast and appealed 
from thence to the last Court of Assistants where we had a 
Tryall and then I was cast greatly to my damage the prinsiple 
cans therof as I aprehend was becaus the Comitte of the 
Gen'* court had so acted and I was then tould by the hon- 
oured Gouerno' and others upon the bench that if the Com- 
itte of the Genr** court had wronged me I must address my 
self to the Genr** Court for Releife unto home I doe now 
In all humillity address myself humbly desiring this hon- 
oured Court seriously to Consider of the great rong which 
Contrary to the lawes of this Jurisdiction I have and am 
like to suffer and to take some spedy cours for my Releife 
either by ordering another Comittee to settle and Determine 
the bounds of o' land or to grant mee a hearing of my Case 
In either of which wais I doubt not but to be Righted the 
land Taken from mee was lately uallued by men Chosen 
by M' Allen to be worth sixty pounds and well it might I 
having possesed it so long and laid out so much upon it that 
a good quantity of it is become good meadow which is con- 
siderable and the more to me leying neare my dwelling hous/' 

Copy of answer to this petition of Nathaniel Putnam and 
Joseph Holton of Salem, in relation to the settlement 
of the bounds between them and Mr. James Allen 
of Boston: Court ordered that Mr. Edmund Batter and Lt. 
Wm. Johnson of the former committee, together with Capt. 
Fisher, Capt. Wait and Mr. Mansfeild, be a committee to go 
to the place of the controversy and endeavor to settle the 
bounds justly and equally and to make return to the next 
Court of Election, Capt. Fisher appointing the time of meeting. 

Copy of the return of the foregoing committee to the Gen- 
eral Court at Boston, May 24, 1682, made by Edward Raw- 
son,* secretary: Mr. Zerubabel Endecot's attorney, Left. 
Felton, appeared, but refusing to give caution to have his 
case heard which was granted by the last court, Mr. Put- 
nam being present and being willing to proceed, court received 

* Autograph. 



1682] 



RECORDS AND FILES 



313 







«; 

^ 
^ 



j^^"^ 




s 



f/ntiitt"' 



314 IPBWICH QUARTEBLT COURT [May 

the committee's return. They examined the property on 
15 : 9 : 1681, and the next day met the persons concerned, 
having a copy of the original grant of Mr. James Allen's 
farm from the Salem town book, together with the copy 
of Mr. Endecott's farm which was next adjacent, and laid 
Mr. Allen's farm out as follows, being guided by the record 
of it: ** Wee began at an old Hemlock fallen downe and lying 
by the side of the old sawmill place, from thence wee ran 
south, sixe degrees & thirty minutes east one hundred and 
sixteene pole to a stake, from thence wee ran North seventy 
one degrees west, fower hundred pole to a great maple old 
marke A standing a litle westward of a swampe, and by a. 
brooke in that place, thence north sixe degrees and thirty 
minutes west to a popular tree old marked with A: from 
thence wee ran seventy nine degrees east one hundred & 
fiuety sixe pole to a stake (eastward of the old orchard) stand- 
ing by the side of a bridge, from thence in a direct line to 
Another bridge Called Hadlocks bridge, to a Rocke lying 
in the brooke by the side of the bridge, and from thence in 
a direct line to the first Hemlock which last line is according 
to a former agreement betweene M' James AUin & Nathaniel 
Putman for the setling of their bounds in that place, betweene 
them within the lines mentioned as Conteyned three hundred 
aceres according to first grant of it to M' Bishop; Also wee 
haue Added eight acres to the former bound at the north 
east corner of the sawmill place (according to Salem Reccord 
of M' Bishops farme as aforesaid) bounded by the water of 
the brook that divides betweene M' Endecott and M' Skelton: 
Also wee haue ordered the surveyor Jonathan Danforth to 
make a returne of the aforesaid farme this 18*** 9"*^ 
1681." 

John Whitier's* petition dated Dec. 1, 1681: That at a 
court held 26 : 9 : 1674, his brother Edward Whitier had 
obtained administration upon his father's estate, and said 
Edward was now dead and there was nobody left to pay 
him his legacy which he was to receive at the age of twenty-^ 
one. Said John asks that he be appointed administrator. 

Edward Deare, aged about forty years, deposed that Martha 
Ndand was at his house sometime the past winter and depon- 
ent was speaking of her brother Phillip's hanging up one of 
his boys. She said it was not the first time that Phillipe 
had done this, for one time he bade the boy put his legs to- 
gether which he did and then he tied his legs and hung him 
up by the heels. 

Josiah Piper* certified on Dec. 7, 1681 that '*comeing home 
out of the woods from worke last Fry day night, ouer tooke^ 

* Autograph. 



r 

1682] RECORDS AND FILES 31&' 

Samuel Hyde Indjan in the Island between the Bridge and 
the house at the Island." Hyde asked who Margaret laid' 
the child to and if to the little fellow, he must keep it; but 
if he owned it himself he would have to keep it. Sworn, 
Dec. 30, 1681, before Daniel Denison.* 

Roberte Crosse, aged thirty-nine years, testified that he and 
John Chub had a difference and they put it to arbitration. 
Deponent judged that he had too much drink at the time.. 
Robert Lord, marshal, testified to the same. Sworn, May 9, 
1682, in Ipswich court. 

Jacob Perkins, sr., deposed that Tobiah Taylor came to 
bis house and complained to him, he being then a grand jury- 
man, that his master Samuel Bishop abused him in punishing 
him by hanging him up in a strange manner, cruelly whipping 
him. He showed his wrists which were very much waled 
and swollen by the cord with which he tied him when he 
whipped him, hanging by the hands with his legs tied straddling 
so he could not stir. Deponent took Tho. Lovell, sr., and 
John Annabel with him to said Bishop's house to inquire why 
he so abused his servant. He admitted he had so punished 
him and they looked at the boy's naked body and saw many 
long red marks sixteen hours after the whipping. At another 
time the boy showed deponent a great buncb on his head 
which was caused by his master striking him with a rake». 
Tho. Lovell, sr., testified to the same. John Annabel testified.. 
Sworn, May 9, 1682, at Ipswich court. 

Esther Bishop, aged about twenty-six years, deposed that 
after her husband brought home his boy Toby Tailour from 
Salem last January, his carriages were uncivil with their 
maid servant. He sat up all night by the fire with the wench 
without their knowledge but when deponent's husband arose 
to go for a load of hay in the morning he was gone. When: 
he appeared he was asked where he had been hiding and 
he said in Mr. Andrewes chamber in a great chest. About 
midnight deponent's child cried and she called the maid 
servant to light a light to quiet it and the wench came run- 
ning in to their room and said *'0h master There is Toby 
by the fireside." As soon as deponent came in he ran away 
to the leanto door. Then her husband said he would lie 
still a little longer and rise and catch him by the fire, and 
so he did about one or two of the clock in the morning and 
whipped him and came to bed again, bidding him go to bed. 
Since then the boy had been very disobedient, smoking his 
pipe of tobacco after he was in bed which was very dangerous 
and hazarded their lives, for one night his bed blanket caught 
fire and burned a great hole in it. He came home full ol 

* Autograph. 



"316 IPSWICH QUARTEBLT COUBT ^ [May 

strong drink. For smoking tobaccOi absenting himself from 
family duties, profaning the Sabbath and night walking, 
upon his coming home one night after nine o'clock, her hus- 
band took him upon his knees as well as he could and whipped 
him with his hand which broke no bones and brought no 
blood. The boy was given to lying and sowing discord among 
neighbors, etc. There was nothing done to their maid servant 
Phebey Downy for her uncivil carriages and familiarity with 
the boy at that time, but her husband bade her get a rod 
and whip her as she saw fit. 

Upon complaint of Mr. John Richardson against Robert 
Cham and Henry Luccas that they fell on George Hardy in 
the night at eleven o'clock, beat him and followed him to 
Richardson's door and threatened to kill him, Joseph Pike,* 
constable of Newbury, arrested Cam and Lucas and put them 
under guard of two men. His bill of cost, for guard of two 
men 1 day, 4s.; for 2 men to watch him one night, 2s.; after 
his escape 1 day and night to search for him, 3s.; not finding 
him I sent to Portsmouth and Andover and sent hue and 
cry to Salisbury and Rowley, etc. 

John Johnson testified that hedge fence was considered not 
sufficient and that Richard Haven was to be allowed for 
what he should lay out in bettering the dwelling house, not 
exceeding five pounds. 

Bill of cost of Joseph Pike,* constable of Newbury, against 
Thomas Tuxbery, for 5 or 6 miles travel from Pike's house, 
-etc., 6s. 

John Atcinson testified that the evening before last Thanks- 
giving day his apprentice Samuel Boknam said ''Now look 
tow it Cimecall gess," and deponent told him if Goodman 
Toppan lost his geese he would have to pay for them. Bok- 
man said he would not meddle with them but he knew who 
did threaten to get some of them. Margaret Merick tes- 
tified to the same and also that being asked what he meant 
by **Cimmicals," Buckman answered it was Tapin's geese. 
Sworn, Mar. 30, 1682, before B. Gedney,* asistant. 

Charges of the selectmen of Ipswich, by Simon Stace,* 
one of the townsmen, given into court at Ipswich, May 10, 
1682, for expences of Mary Alexander at the birth of her 
child, by order of the Major Generall Denison: one weake 
At Mr. Wilson's, etc.. Hi. 18s. 

Josep Peasly , aged about thirty-five years, testified that 
in 1674, Samll. Gile, jr., sold him two cattle which he said he 
had of Peter Green and which were appraised by Nickcoles 
Browne and John Greffing at 71i. lOs. Gile also said he re- 
ceived of Green shirt cloth upon account of land. Samll. 

* Autograph. 



1682] RECORDS AND FILES 317' 

Watts said that he had the bill of John Gile and that he must 
let John Gile have half of what he could get of this eight 
pound bill in controversy. 

Isrell Woodwort's bill of cost against Joseph Lufit, Daniell 
Polle, John Traske, Thomas Killam, Mordicar Larcum, 
Charles Gott and John Edwards^ for a warrant from Worship- 
ful Mr. Browne, to Capt. Fisk, etc., 3s. 3d. 

Copy from the town book of Newbury made by Anthony 
Somerby,* clerk: **At a meeting of the selectmen August 14, 
1679 By reason of the great losse & damag the Town hath 
sustained former yeares by reason the Rams were not put 
away from the flocks in season. The selectmen ordered 
that all the Rams should be Romeued from the seuerall flocks 
of sheep throughout the Towne, within foure dayes after the 
date hereof on penalty of forfeiting the said Rams, that shalbee 
found among the said flocks after the two & twentyth of this 
p'sent month, And if any Ram or Rams bee found in any 
of the said flocks after that day. It shalbe lawfull for any 
Inhabitant to take them & kill them for his owne use & the 
shepard to pay ten shillings to the Townes use.'* 

Petition of Robert Pike* to the Ipswich court, Mar. 26, 
1682, for a debt of 41i. which was due him from Salisbury 
court before the change and which Mr. Dalton had shown 
was due. He asks that he be allowed that amount out of 
rates which he had paid at Ipswich. 

Charges of the selectmen of Ipswich, by Nehemiah Jewett,* 
recorder, 28 : 1 : 1682, about Mary Williams when her child 
was born: bedding, Hi. 5s.; keeping at James Fuller's, 10s.; 
keeping at Thomas Knowlton's about one month, 10s., etc.; 
total, lli. 18s. 

Writ: Samuell Bishop, administratrix of the estate of 
widow Bishop, executrix of the estate of Thomas Bishop, 
deceased v. Daniell Clearke; debt, dated Mar. 20, 1681-2; 
signed by Robert Lord,* for the court and town of Ipswich; 
and served by Robert Lord,* marshal of Ipswich. 

Charges of the selectmen of Ipswich, by Nehemiah Jewett,* 
recorder, 28 : 1 : 1682, about the servant of Mr. Epps when 
her child was born: bedding, 5s., bed cord, 4s.; keeping at 
Mr. Wilson's, 10 days, 4s.; the midwife, 5s., etc.; total, 31i. 
16s. 

Petition of Samuel Beadle:* ''Wheras by the prouidence 
of God & my hard Seruis in the Narraganset Country my 
health has bin much impared & my body uncapable of fol- 
lowing my calling (by reason of grevious aches & paines y* 
constantly atend me) the Consideration wherof has moued 
the Selectmen of Salem to Consider of Some fit way for me 

* Autograph. 



'318 SALEM QUABTEBLT COURT [June 

4 

Court held at Salem, June 27, 1682. 

Judges: The Major Daniel Dension, Esq., Major Saltonstall, 
Esq., Barthol. Gedney, Esq., Major Samll Apleton, Esq., 
William Browne, Esq., and Major Robt. Pike, Esq. 

Grand jury: Nathanll. Putnam, Wm. Trask, Christo. Bab- 

badg, James Symonds, Henry West, John Loomes, George 

Gowing, Tho. Farr, John Newall, jr., Robert Leach, John Kil- 

%urn, Ensigne Samll. Corning, Will. Greeggs and Erassmus 

James. 

Jury of trials : Robert Kitchin, Edw. Flint, Tho. Flint, Rich- 
ard Pritharch, Benja. Pickman, Archebell Forgison, John 

wherby I might get a liuelyhood for myselfe & Family & for 
that end haue Granted me there aprobation for one of the 
Inholders to kep an Inn in the Towne of Salem." He requests 
the court to grant him a license. 

Approbation of Mrs. Ann White by the selectmen, Nathll. 

Clarke,* John Bartlett, sr.,* Francis Brown* and James 

Ordwaye,* presented Mar. 28, 1682 at Ipswich court, she 

having "given verry good content in her place both to towne 

-and Countrey." 

Approbation of Left. Richard Norman, dated Mar. 11, 
1681-82, by the selectmen, Moses Mavericke,* Sam. Ward,* 
Ambros Gall,* John Peach* and John Waldron* as an innkeeper, 
the situation of our place being a Seaport towne, and the 
concourse of many strangers especially in the summer season 
being such that one particular house of entertainment cannot 
with any convenience accommodate all with what may be 
needful!. Norman's house had been formerly licensed and 
he was '*one who will (we hope) endeavour to keep such 
good orders in his house that none may charge him with just 
matter of complaint but will be striving to discharge that 
place, that all persons may acquiesce in your nomination 
Jk choice." 

Approbation of Joseph Fletcher, by the selectmen of Salis- 
bury, Tho. Bradbury,* John Ilsly,* William Buswel,* Henry 
Browne* and John Stevens,* dated Apr. 18, 1682, to keep 
.a house of public entertainment. 

Approbation of Mr. Christopher Lattimore, dated Mar. 

11, 1681-82« by the selectmen, Moses Mavericke,* Samll. 

Ward,* Ambros Gall,* John Peach* and John Waldron,* 

.as an innkeeper, he keeping ''an ancient house and most 

viconvenient for shipping." 

'^ Autograph, 



>« 



1682] BEC0RD8 AND FILES 319 

Edwards, John Fitch, Ensigne John Fuller, Cornet John Lewis, 
John Newall, sr., and Daniell Needham. 

John Lambert v. William Dutten. Replevin. Verdict for 
plaintiff. 

Leift John Putnam v. Tho. Baker. Trespass. Verdict for 
plaintiff. Appealed to the next Court of Assistants. Defendant 
bound, with Jacob Towne and John How as sureties.* 

♦Writ: Leift. John Putnam v. Thomas Baker; trespass; for 
coming upon his land near William NichoUs' and felling his 
timber; dated 14 :4 : 1682; signed by Billiard Veren,t for the 
court and town of Salem; and served by Daniel Reddinge,t 
constable of Topsfield, by attachment of house and land of 
defendant. 

Thomas Baker's bill of cost, 21i. 3s. 

John Puttnam's bill of cost, 31i. 2s. lOd. 

*' Att a meeting of the Selectmen 26*^ 12m«> 1654-55 Granted 
to John Puttnam jun' thurtey acres of upland neere adjoyning 
to the Farmes of Cap* Hathorne Jn° Ruck & W" Nicols being 
in exchange of the thurtey acres hee should haue had att the 
^nd of Cap* Hathorne, his farme. and further we doe apoynt 
that the surpluss of the land Contained within the afors^ 
Bounds shall apertaine & belonge to Richard Graues, in Con- 
sideration of fourtey acres formerly granted unto him y* sayd 
Oraues." Copy made, Jan. 19, 1681, from the Salem book of 
records by John Hathorne,t recorder. 

'^ March 25*** 1659. Wee whose names are under written being 
Chosen & Impowred by the Inhabitants of Salem & Topsfield 
to Run the Six mile Extent, & also the deuisionall line betweene 
the two Townes, haue thus agreed & determined namely that 
wee haue Run the six mile extent upon the N West & by N, 
which ends in the edge of a swamp of John Putnams called the 
great Ashen Swamp, next unto a Hill Commonly called by the 
name of Walnut tree Hill neere unto Perrys Wigwam. & from 
thence haue thus far agreed upon the deuisionall line 'which 
runs S W Westerlye to the Riuer syde Commonly called by the 
name of Ipswitch Riuer, where wee marked trees by a Rock 
towards the East & a' neck of land Commonly called Cromwells 
neck westerlye of the sayd trees marked. & from thence S W 
one mile & a quarter & soe one according to y^ rule that M' 
Joseph Gardner Run the || aforesayd || deuisionall line & from 
the six mile Extent towards the N. E. Easterlye as itt is bounded 
and marked one mile & a quarter ending att a swamp by a hill 
called Smiths Hill & from thence towards the E. N. East Ending 
upon a Hill neare Wenham Caseway and soe towards the E. & 

t Autograph. 



320 SALEM QUARTERLY COURT [JuDC- 

by N. one Hundred Rods ending att Wenham Meadow Syde 
Thomas Puttnam, Nathaniell Puttnam, Joseph Hucheson, 
Abraham Redington, John Redington, Jo. Wild, Wm. Euans/*^ 
Copy made, June 18, 1682, from the Salem book of records by 
John Hathorne,* scribe. 

''At a Lawfull Towne meeting the 22 March 1680 or 81 The 
Towne giues full powere to M' Thomas Baker and Corp' Jacob 
Townes & John How to demand of any man or men that hath 
aney Land Lying in our Towne to show there bounds of y* land 
they haue in our Townes bounds: and if they or hee doe refuse 
to showe there bounds they haue full power to sue for a mesuere 
of their Land and to dos there beest indeuere to recouer for y*^ 
Towne what is more then there grant. Voted." Copied June 
23, 1682, from the town book of Topsfield, by John Gould,* 
recorder for Topsfield. 

" At a Lawfull Towne meeting y« 12 Apriell 1682. The Towne 
has agreed to giue full power to M' Thomas Baker & Corp*^ 
Jacob Townes & John How to sue for a mesuer or for a true & 
excact acount of all y* Land any man or men dos Clame within 
our bounds & y* aforesaid men are impowered to sue or other 
wise at any Court or Courts & to prosikute from Court to Court 
tell they haue ended 3^* case this is to Confurme any former 
order relating to some of Salem men that haue Land in our 
bounds and Whenham men or any that dos Ly upon our Com- 
mons. Voated." Copy made, June 23, 1682, from the towik 
book of Topsfield by John Gould,* recorder. 

"At a Lawfull meeting of y* Selectmen y« 4 day of May 1682 
Wee doe hereby giue full power to M' Thomas Baker, Corp' 
Jacob Townes & John How to demand of any or all the men of 
Salem or Whenham that Some Land or medoe in our Towne 
bounds to show there Rights and titeles to those Lands Clamed 
by them and also there seuerall bounds to those Lands clamed, 
by them and if any or all of them shall refuse: or doe not make 
it Legally apeere how they came by these Lands they Claime 
to y* sattisfaxtion of y* aboue said Baker Townes & how wee 
doe heareby giue them full power in y* Name of y® Towne to 
make trespas one those Lands: or sue the Clamers thereof and 
prosekeat y* The Law againts them or aney of them: or to 
Compound and agree with any of them as they shall see meete 
and what so euer they shall doe there in wee well owne and- 
stand by and Conferme as witnes our hands. John Gould, sr., 
Francis Pebody,- Thomas Perkins, John Redington." Copy 
made, June 23, 1682, from the book of records of Topsfield, by 
John Gould,* recorder. 

''Att A Generall Court held at Boston 4*»» September 1639^ 
whereas the Inhabitants of Salem haue Agreed to plant a village 
nere the Riuer which Runns to Ipswich It is ordered that all the- 

* Autograph. 



1682] BECORDS AND FILES 321 

land neare there bounds, Betweene Salem, & the sayd Riuer not 
belonging to any other Towne or person by any former Grant 
shall belong to the sajd Village." Copy made by Edw** Raw- 
son,* secretary. 

"Att A Generall Court held at Boston 19*^ Ocotbe' 1658. 
In Ans^ to the petition of the Inhabitants of Topsfield It being 
put to the question whither the bounds of Salem shall be ac- 
compted to Runne from the meeting house sixe miles into the 
woods & no more Alwayes provided that the particular persones 
to whom lands haue been Granted by Salem w*hin Topsfield 
line shall belong to the proprietors. The Court resolved this 
question in the Affirmative.*' Copy made by Edward Rawson,* 
secretary. 

**Att A Generall Court of Elections held at Boston 10*** day 
of the 3** mo. 1643, Whereas the Court holden at Boston the 4**» 
of 7th mo. 1639 there was certeine land lying neare Ipswich 
ryuer granted for a Village either to some of the Inhabitants of 
Salem or some of the Inhabitants of Ipswich who haue farmes 
neare unto the said land to be enjoyed by those who first setled 
a village there they both propounding for it together howsoeuer 
the order mentioneth onely Salem Inhabitants & for as much as 
the Inhabitants of Ipswich haue for neere this two yeares procur- 
ed and mainteined one to dispense the word of God unto them 
which they Intend to continue; It is therefore ordered and 
granted that M' John Endecott and the said Inhabitants of 
Ipswich vitz* M' Bradstreet M' Symonds M' Whittingham M' 
William Payne, M' Robert Payne and such others of Ipswich 
or Salem as they shall associate to themselues shall haue liberty 
to setle a village neare the said River of Ipswich as it may be 
most Conuenient for them, to which the aforesaid land shall 
belong viz* all that which lyeth neere the said Riuer (not for- 
merly granted to any Towne or person. Provided that any of 
the Inhabitants of Salem who haue farmes neare unto the said 
land now granted shall haue liberty for one yeare next Coming 
to Joyne w*^ the said village and to haue there equall and pro- 
portional priuiledge in the same And whereas M' Bradstreet 
hath liberty granted him to take his farme of fiue hundred acres 
in the next Conuenient place that is fitt for a farme to that 
which is Granted to M' John Endecott which may prove pre- 
judiciall to the said village : It is therefore ordered that the said 
M' Bradstreet shall haue liberty to take his said farme of fiue 
hundred acres in any other place not yet granted to any Towne 
or person, nor prejudiciall to any plantation made or to be 
made which when he hath so donne and manifested the same 
to this Court his aforesaid grant shall forthwith be voyd, and 
the said land shall belong to the village before mentioned to be 
disposed of by the Inhabitants thereof for the good of the whole 

* Autograph. 



21 



322 SALEM QUARTEBLT COURT [June 

And if Salem and Ipswich shall not Agree before the next Court 
about a parcell of meadow now desired by Salem to be to Wen- 
ham then the Court shall determine it." Copy made by Edward 
Rawson,* secretary. 

Jacob Town and John How testified that Mr. Thomas 
Baker went with them to Goodman Niquall's house where they 
met John Putnam, sr., and showed them an order from Tops- 
feld to demand of any of Salem men that claimed land within 
Topsfeld bounds to show them their bounds and grants and if 
they were not satisfied, they had liberty to fell timber on their 
claimed land and stand suit with them. Left. John Putnam 
told them that his land there was never laid out by any lot- 
layers and that he had no bounds except what his grant gave 
him. So deponents before his face felled one timber tree within 
Topsfeld line a considerable way. John Putnam further told 
them that he had a hundred acres or more adjoining that they 
felled the tree on within Salem line. Deponents told him he had 
more than his due there and he had no reason to claim theirs. 
Sworn in court. 

Willyem Nicquells, John Nicquells and Philip Knight testi- 
fied that Mr. Ruckes farm and Willyem Niquells' farm do not 
join by a considerable distance, also that Left. John Putnam's 
land joins to Mr. Ruck's, Willyem Niqualls' and Major Hath- 
orne's farms. Willyem Nequalls testified that Mr. Ruck's farm 
was laid out at two several times, many years apart, and the last 
lay-out was about twenty-four years ago. Owned in court by 
John Putnam. 

Copy of deed, dated 12 : 3 : 1655, from Richard (his mark) 
Graves of Salem, pewterer, for 55s., to John Putnam of Salem, 
husbandman, fourteen acres which was granted him by the 
town of Salem, between the land of John Rucke and the land 
of William Hathorne and William Nickles in Salem. Wit: Rob- 
ert Prince and Eliase Stileman. Acknowledged before John En- 
decotte, deputy governor. Copy made by Hilliard Veren,* cleric. 

Geo. Corwin, aged about seventy years, testified that he came 
into this town about forty-four years ago and having been here 
a year or two he went to the general town meeting to desire 
some land or a farm, but they answered that they meddled with 
no such things, leaving them wholly to the selectmen. Later 
deponent spoke to the selectmen and had a farm granted him. 
He was chosen selectman for several years and never knew any 
farms or great lots ordered to any one except by the selectmen. 
Within a very few years the to\Nn ordered them not to dispose 
of any more without the consent of a general town meeting or 
the major part of them. Deponent declared that the land be- 
longing to Richard Graves or Jno. Putnam, sr., was laid out 
before Topsfield became a town. Sworn in court. 

* Autograph. 



1682] BBCORDS AND FILES 323 

Nicholas Woodbery v. John EUetrop. Withdrawn.* 
Daniell Andrews v. Jeremiah Watts. Slander. Verdict for 
plaintiff. Defendant was to make acknowledgment, that he 
had done wrong in calling plaintiff a thief and saying that he 
had stolen his pewter, at the iFillage meeting house on some 
public day within one month. 

Benjamin Balch, sr. v. Wm. Dodge, jr. Verdict for de- 
fendant.! 

John Nickoles and Philip Knight deposed that they heard 
Thomas Baker tell John Putnam, etc. Sworn in court. 

Left. Thomas Putnam, aged about sixty-six years, deposed 
that his brother John Putnam, etc. SwOrn in court. 

Edmund Batter, aged about seventy-three years, deposed 
that in 1669 the^town prohibited the selectmen from granting 
farms, etc. Nathaniell Putnam testified to the same. Sworn in 
court. 

*Writ: Nicholas Woodbery, sr. v. John EUetrap; for with- 
holding or non-payment of fifteen pounds, the remainder of four 
years' rent for a farm lying in or near Manchester, beginning 
Mar. 25, 1677-8, being half the term of the lease, dated Feb. 12, 
1677; dated Salem, June 17, 1682; signed by Hilliard Veren,t for 
the court and town of Salem; and served by Onesepherus 
Allen,! constable of Manchester. 

fWrit: Benjamin Balch, sr. v. William Dodge, jr.; non- 
payment of an agreement made in writing and confirmed by the 
Ipswich court, Mar. 28, 1682; dated June 17, 1682; signed by 
Hilliard Veren,t for the court and town of Salem; and served by 
Joseph Podg,t constable of Beverly, by attachment of the malt 
house of defendant. 

William Dodge's bill of cost, 16s. 

William Rayment, aged about forty-three years, and John 
Dodg, aged about forty-six years, deposed that the house and 
five acres of land mentioned in a deed from William Dodg to 
William Woodbery in 1665 is the same land and house that is 
mentioned in the inventory of John Balch, jr., etc. Sworn in 
court before Nath. Saltonstall.:^ 

John Rayment, aged about sixty years, and Peter Woodbery, 
aged about forty years, testified that they were proprietors in 
part of those farms which were equal in grant with old John 
Balch's farm and in common lump together, and they divided 
it, 261 acres to each farm. William Dodg possesses but sixteen 
acres of that land that was old John Balch's farm. Sworn in 
<5ourt. 

Copy of deed, dated Jan. 15, 1663, from Benjamin Balch of 

I Autograph. 



324 SALEM QUARTERLY COURT [June 

Salem, yeoman, for good will and affection, to Mary, late wife 
of his brother John Balch, now the wife of William Dodge, the 
younger, 16 acres of land in Salem on Bass river side, so called, 
at the head of the rails toward Wenham, on the west side of the 
country highway that goes to Wenham and is part of about fifty 
acres which was lately John Balch's and by the Ipswich court 
on March 31, 1663, ordered to grantor, also three acres of 
meadow which he gives her for life, at her death to return to 
him, it being that part of the meadow which is the outside 
farthest from his own land. Wit: Hilliard Veren. Acknowl- 
edged, 14 : 11 : 1663, before Wm. Hathorne. Copy made from 
the book of records in Salem by Hilliard Veren,* recorder. 

Walter Fayerfield, aged about fifty-one years, deposed that 
Benjamin Balch, sr., told him that the quarter part of his 
father's farm which was given to his brother John Balch by his 
father was in his possession, except the sixteen acres, etc. 
Sworn in court. 

William Rayment, aged about forty-three years, deposed 
that for twenty or thirty years Benjamin Balch, sr., had acted 
in the divisions of the farms which were at first laid out in 
common, etc. Sworn in court. 

Copy of deed, dated Apr. 27, 1665, from William (his mark) 
Dodge, jr., of Salem, yeoman, for 361i., to William Woodbery 
of Salem, mariner, a dwelling house with five acres of land upon 
which the house stands, with the fences, on Cape Ann side in 
Salem, bounded on the east by land of Christopher Crod and 
Thomas Tuck, on the west by some land of John Porter, sr., on 
the south by the highway against the North river and on the 
north by a highway. Wit: Hilliard Veren and James Browne. 
Mary, his wife, released her dower, 28 : 9 : 1665. Acknowl- 
edged, 28 : 9 : 1665, before Samuell Symonds. Copy made by 
Hilliard Veren,* recorder. 

Copy of agreement, dated 1:2: 1682, between Benjamin 
Balch and William Dodge: that the first settlement at Salem 
court should stand, the land and moveables to be equally 
divided according to inventory and all the debts due when 
John Balch died to be equally paid by said Balch and Dodge 
provided that all later settlements be made void ; the three acres 
of meadow to William Dodge during his wife's life to be ac- 
counted Benjamin Balch's, as also the 2 1-2 acres of marsh at 
Salem; 161i. were to be allowed from the estate for expenses since 
Balch's death. Acknowledged, Mar. 28, 1682, in Ipswich court* 
Copy made by HiUiard Veren,* cleric. 

Benjamin Balch* certified that he demanded of William 
Dodge, jr., as due per agreement 191i. 8s. 6d. as his part of the 
moveables and eight and a half acres of land or 501i. in money. 

The agreemen^of William Dodg* on May 16, 1682, was re- 

* Autograph. 



1682] RECORDS AND FILES 326 

Mathew Farrington, sr. v. Mark Graves. Verdict for plain- 
tiflf. Appealed to the next Court of Assistants. Defendant 
bound, with Henry Bailey and Phillip Fowler as sureties.* 

fused in reference to the land and he now declares to Benjamin 
Balch that whereas the five acres of land with the house ap- 
praised in the inventory of John Balch had been sold at 351i. in 
pay to pay said Balch's debts, he would, however, for a full settle- 
ment agree to pay one-half of it in money, the rest of the land to 
be equally divided. Walter Fairefeild, William Rayment and 
John Conant testified in court that this agreement was tendered 
to Ben. Balch and Mr. Gardner. 

Account of the division of the estate by Benjamin Balch, sr. if 
the land and house at 851i., of which Dodge had the house and 
six acres of land inventoried at 351i., also 16 acres of the 50 acres, 
all of which was inventoried at 511i.; Balch had in his possess- 
ion 34 acres of the fifty, inventoried at 341i., so Balch had 171i. 
less of the housing and land than Dodge, half of which was due 
Balch; therefore Balch demanded 8 1-2 acres of land out of the 
fifty or its worth which is 51i. per acre in money or 71i. 10s. in 
current pay. There was also due to Balch half of 461i. 17s., 
which is the remainder of the estate. 

Copy of inventory of the estate of John Balch of Salem, taken 
19 : 1 : 1662, made by Hillyard Veren,t cleric. 

*Writ: Matthew Farrington, sr. v. Mark Graves, living at 
Mr. Hubard's farm at Ipswich; for not allowing him disburse- 
ments upon the tide mill and housing amounting to 201i., for 
his part of said mill and housing being so much better at the end 
of the lease than when he entered upon it; signed by John 
Fuller, t for the court and town of Lyn; and served by Henery 
Skerry,t marshal of Salem, by attachment of a table and great 
chair of defendant. 

Mathew Farrington's bill of cost, going to Reding, etc., 31i. 
14s. 

Mark Graves' bill of cost, Hi. 6s. 6d. 

John Ballord and Henery Wormwood, aged forty-eight years, 
testified that the sills of the dwelling house belonging to the mill 
are rotten and sunken almost into the ground. Samuell Johnson 
testified to the same. Sworn in court. 

Joseph Armitage,t Robert (his mark) Burgis, Robert Potterf 
and Thomas Newhall,t being chosen by Mathew Farinton and 
Marke Graves to appraise a tide mill, house, barn and land in 
Lyn, reported the first week of the 9th month, 1669: "The naill 
dame wantinge abought a f oote and a hallfe of being leuill with 
the marsh: and the marsh betweene the dame and the mill was 
not pasable for persons nor horses to pase into the mill and for 

t Autograph. 



326 BALEM QUARTERLY COURT [June 

the mill by reson of Breches all betweene the lead sill and the 
Taille sill was underminded belowe the Timbors abought five 
f oote which breeches came by reson of the defeckts of the Too 
sides of the Brest works: The Three gatts and watter whele 
nought and the shafte of the mill whelle uery moch defecktive. 
The Cogge whelle and Cogges and Trandells good Rine and 
spindell sixe Bills and on Crowe and on sledge and Roaps to take 
up the aforesaid millstoanes all sofishant The bridge at the 
mill head and all the Cape sills of the mill so Rotten as in a 
shorte time new ons most be putt in for the mill howse the sills 
so rotten as in a short time new ons most be putt in: the Couer- 
inge of the mill and the mill howse wrotten and leakey being 
most of it singell Claborded and sum of it singell horded and a 
litten Thatch opon on end of it and on end of the mill howse 
havinge Too floares of boards and the walls within side filled 
and plastred : and the other part of the walls of the mill howse 
beinge uerey much shattred and Broken: and the foare side of 
the mill howse the end next onto the mill Taille by resen of the 
wash of the watter wosHin awoye the sand Indangringe the mill 
howse there beinge nothinge to preuent it. The newe end or a 
roome built at the mill howse end the sides horded the roofe 
horded and Battned the walls silled and Too flors of bords and 
Too Brick Chimnes: on Jame of the Chimnes on the north side 
defecktiue: no glase abought aney of the howsinge for the barne 
the roofe Borded with singell bords edge to edge no gabell ends 
Borded aboue the beames Three or fore Bords rownde the lower 
part of the walls of the Barne the Barne not beinge ground- 
pined.'' 

Thomas Newhall, sr., and Robert Potter, sr., testified that 
they were at the water mill, etc. Sworn in court. 

Robert Potter, sr., and Samuell Duntun, jr., testified. Sworn 
in court. 

Oliver Purchis* and Samuell Dunten* certified at Lyn, June 6, 
1682, that being desired by Mathew Farrington, sr., of Lyn to 
judge concerning the grist mill in partnership between him and 
Mark Graves who now dwells on the farm called Mr. Hubbard's 
farm as people travel to Ipswich and not only the mill, but the 
housing, barn and causeway, declared that it is worth 401i. in 
money more than when Graves leased his part to Farrington; 
and the leantoes to the dwelling house and barn built since the 
lease began, they did not value. Sworn in court. 

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 31i. per annum for twelve years, beginning when 
said Marke should remove from the mill which was to be be- 

* Autograph. 



1682] BBCOBD8 AND FILB6 327 

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 Mansfieldf and Rich. Haven.f 
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 401i. more than when leased. 
They did not include the leanto on the house and two on the 
barn. Sworn in court. 

Andrew Mansfieldf and Rich. Havenf 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. 






328 SALEM QUARTERLY COURT [June 

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 p'sent. 
post not p**. Hartford :'' 

M" Hannah Wells Boston 6**^ february 1681. 

I Receiued you" of y* 2^ of nouember wherein y" aduise 
that had ordered one Jn° Lee to pay mee six pounds for you' 
ace** out of Some Pease and Indian Corne y** sent by him; said 
Lee appeares not & my Business Is soe urgent y* 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 
w*^ yo' 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 w^ I Judge 
nothing but Reason, pray faile not In ordering mee speedy 
satisfaction and y^ will Ingage him who Remaynes 

''Simeon Stoddard.f" 

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 61i. in money in a very 
little while and to give Gardner a bill for the remaining 508. 
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 28. 3d. per bushel, which was the market 
money price and 4s. or 48. 6d. per bushel for pease. 

*Copy of papers in this action in the Newbury commissioners' 

t Autograph. 



1682] RECORDS AND FILES 329 

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, lis. 6d. 

Bond of John Allin, with Efraham Winslow and Georg 
Gouldwiar as sureties. 

John Allen's bills of cost. Hi. 17s. and 5s. 

James Browne's bills of cost, 14s. 3d. and Hi. lis. 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 AUin'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- 
bom'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 Marty n 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. 



330 SALEM QUARTERLY COT7RT [June 

Richard Knott v. Job Tookey. Withdrawn.* 

Rob Roe and Mary Hackett deposed that being at AUin'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 AlUn 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 rfbout 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 26 fote 
1-2 of new glas at 12d. per foot. Hi. 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, Is. lOd.; 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, Hi. 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. AUin's reasons of appeal. 

James Browne'sf 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 everj'^ 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 Knottf of 
Marblehead and Job Tookie,t now in Boston, said Tookie 

t Autograph. 



1682] RECORDS AND FILES 331 

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 71i. 
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 beef ore: 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' hono'e) to take notice that 
by our Agreement I was Shipped upon a fishing voyage But on 
the 21*^ Day of March last past the Master of y* 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 y® said 
Master knotts house he being then w*^ Seuerall men by y® fire I 
got into y* 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 y Southward) I asked Master 
knot whether he would not ship another hand aboard the ketch 
there being none but y® 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 unwiUing to go y* Voyage along 
w*^ him unlesse he would ship another hand ; and besides I told 
him he was bounde to y® Southward for come & I supposed he 

* Autograph. 



332 SALEM QUARTERLY COURT [June 

could not force me to goe w*** 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 myself e 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 22** 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 y* Southward along w*^ 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 w^** all told me that I might goe to Salem the next day 
along w*** 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 y* Gentleman in whose Employ I 
went to Engage to him to pay my Debt by y* last of June (w*** 
Debt was then about seven Pounds) I hauing been a month in 
his Employ y* Debt being att first about Nine Pounds and said 
that he would cleare me and deliuer up my writings and agree- 
ment but desired me to goe aboard y* ketch that day by reason 
he was taken lame of y^ 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' Sam*' Wentworth of Piscataqua 
riuer Goodman Mattocks Cooper in Boston and Seuerall others 
(when we made our Agreement w**' 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 Honour*^ Court) I 
cannot certainly tell, for I depended upon his Proffer w**** was 
that I should get a fishing Voyage att Salum as yo' Honours 
haue already heard. 

'*The next morning which was the 23** 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 w**' 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 



1682] BBCOBDS AND FILES 333^ 

could not goe till next morning; whereupon I went along w**» the 
master of the aforesaid ketch (Nehemiah Goodale) to help to 
get some ballast aboard the ketch; in doing of w""** 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 w*** y* Goute; and likewise that it was too 
late of y* 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 w*** 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 w*** was the 24**» 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 w^^ y* Shoreman (may it please your honours) 
the Constable came in with an Attachment and served it upon 
Master Knott poynting to me said to y* 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 w*** 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 (Elliff 
Henley & Jn° 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 w*^ was as followeth 

"Salem Prison March y 24^>» 1681 
"Master Knott 

" S': I would beseech you for the Lords sake to remember 
your former Clemencye w*"** you haue said you haue used to^ 



334 SALEM QUARTERLY COURT [June 

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 
25*** 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 w®** 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 
aga»* me w®^ almost frightened y* 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 foUoweth : by Tho. Vee" one of the fishermen: 

"Salem Prison March r 28*»» 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 w*** y* 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 w*'** 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 w^** you 
to y* Southward or else a fishing in one of yo' shallops. 

"Your humble Seruant & poore Afflicted Prisoner 

"Job Tookie.* 

"The thursday following which was the 30^** 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 y* Lords that I did not goe to sea 
with him & that I had better suffer imprisonment than goe to 
sea w*** such a man as he was, for he said he uerj'lye thought the 
blessing of y* 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 y* Southward for a 
freight of Corne. 

"May y* 19^*» 1682. I heard that Master Knott was come to 
Boston w°** was y* wellcomest News (may it please yo' honours*) 

* Autograph. 



1682] RECORDS AND FILES 335 

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 y* Lord knows contrarj'^ 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 affiiction to 
aflliction 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 y !■ 1682 
** Master Knott 

"Good S' lett me beseech you to haue some Pitty on me 
for the Lord's sake and lett me speake w*** 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 
<ioe being almost poysoned w*** y* stincke of my Owne Dunge 
and y* stincke of y" prison hauing neuer had so much as A 
minutes tyme to take the Air Since I came into this Dolesome 
place w*^ is now Tenn Weeks Therf ore pray S' lett me speake 
y^th yQu ag goon 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 S' 

"You' poore humble seruant & prisoner 

"Job Tookie.* 

"June the 5*** 1682. Master Knott was pleased to come to 
me about y* Euening Just to y^ 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 w^^ him told me afterwards That Master Knott told him 
he did Intend to Sell y* Rogue w*** was meaning me to Virginia; 
others he tells he will sell me to Barbados (I beseech yo' hon- 
ours) to take notice A Consider of This Doctor Knotts In- 
ueterate spirit. June y* 9*** I had an Oppertunitye to Send to 
him (may it please yo' honours) againe which was as foUoweth: 
By Richard Lee one of his fishermen: 

"Salem Prison June y« 9*»» 1682: 
'' Master Knott 

**S' I was in hopes you would haue taken me out of This 
Miserable wretched & Dolesome place but I understand there is 
no hopes of it till y* Court; I beseech The Lord to forgiue you 
your hard headednesse & crueltye unto me in making of me 
suffer that w®** I thought when I came here I should neuer haue 
beene able to haue suffered nor could neuer haue been able to 

* Autograph. 



336 SALEM QUARTEBLT COURT [June 

haue suffered what I haue suffered had not y* Lord Supported 
me w*^ 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 
^th yc Thread halsing hands Mittons & Sayle Needles w*** y* 
rest of my things in it My two kniues My Bible and y* rest of 
my Bookes w*** were all in y* forecastle when you Sent me to 
Prison & likewise I would Intreat you to send me my Neckcloth 
w*'^ Goodman Waldin brought from Piscataqua I suppose W™ 
German has it for I desired him to call for it A fortnight agoe & 
Send it to me by y** first Oppertunitye w"** he promised me he 
would : but he neuer did I rest 

** Your Poor Afflicted & Disconsolate prisoner 

''Job iTookie.* 

''Juney« 16*»^ 82 

"May it please y*' honoured Court Doctor Knott came 
and stood before M' Batters his Door and called to me Saying 
Job : Job : wherupon I looked out of y* Prison Window and 
saw him scrape w^*" his Sticke upon y« Ground Job sayes he doe 
you know what This meanes I answered him No; Oh sayes he 
Sirrah you are like to learne to howgh in Virginia Wittness. 
Jn** Cooper. 

''June the 23*^ 82. Doctor Knott Came to Goodman feltons- 
house for A Copy of y* Attachment I hearing his Tongue (may 
it please y* honoured Court) called unto him & desired him to 
send me my shirt & Drawers Whereupon he came to Goodman 
Feltons back Door rayling & reuiling att me most Sadly Calling 
of me Rogue & Sirrah telling of me he had beter att home to- 
wipe his shoes then Euer my father was for he said he was an? 
Annybaptisticall Quakeing Rogue that for his maintainence 
went up & down England to delude Soules for y* Diuell w*** is na 
small Greife to me, to thinke that he has not Onelye Abused: 
me in keeping of me in close Prison almost This fourteen Weekes, 
but abuse him whom he neuer knew but was well known to be 
A religious Godly man by Seuerall Good Godly people here in. 
New England; likewise his Library w*'*' I brought Ouer to This 
Country Proues him (may it please y' honor** Court) Not ta 
be neither Quaker nor Annybaptist W*'*' y* Reverend M' Allen 
& M' Madder of Boston & y* worshipful M' Danford of Cam- 
bridge are Sensible of besides A great Many ScoUers of Cam- 
bridge w*^ bought Suereall of y* Bookes pertaining to my 
fathers Library 

"May it please The Honour*^ Court 

"I beseech you' honors To take this sad Miserable and de- 
plorable Condition I am now in unto you' honnours Considira^ 

* Autograph. 



1682] RECORDS AND FILES 337 

tions; in considering in the first place of my Education & bring- 
ing up w*** was to learning (My great grandfather was a Docter 
of Divinitye in London in Queen Elizabeths Tyme & Deceased 
there; my Grandfather was minester of S* lues Co veil knowne 
by y* honoured Gouern' Broadstreet as his honou' Told me 
himselfe) and likewise by Master Pembleton of Winter harbor 
now Deceased. My father (may it please y* honoured Court) 
and M' William Bridge Preached Twelue yeares together in y* 
New Church of Great Yarmouth. I being his Eldest Son he did 
Intend I should haue been A minister And in my Thirteenth 
yeare of Age sent me to Emanuell CoUedge in Cambridge it 
being y* same Colledge he himselfe was brought up in : But y* 
prouidence of God ordered it so The Tymes altering; I had been 
there but a fortnight before my father Sent for me home and 
asked me if I was willing to goe to London to be an apprentice; 
my answer was That I was willing to Submitt to his pleasure 
wherupon he sent me to London & I was Bound an Apprentice 
to A Whole Sale Grocer in Cheapside; But I had nott been An 
apprentice much aboue A yeare before y® Cheifest part of y* 
Citty was Burnt; my Master Sustaining therby so great A Losse 
as he did by reason his Owne house he lined In & all his Goods 
and likewise Seuerall other houses he had rented out in y Citty 
Broke; and was not able to Sett up his Trade againe; wherupon 
I being uery younge desired my father if he pleased That he 
would giue his Consent that I might goe to Sea; which request 
of myne (may it please y* honour** Court) he consented unto; 
And bound me an apprentice for Three years to Capt. Sam" 
Scarlet of Boston to Serue to y* Sea; which Tyme I truly serued 
as is well knowne by seuerall of Boston; now y* Debt (may it 
please y« honoured Court) w*** Doctor Knott sayes he has en- 
gaged to pay in my behalft I did not owe it through any Ex- 
trauegance but Through y prouidence of God hauing been 
taken Twice and cast away Once since I came out of England; 
And now lately I accidentally cutt all y* Sinews of my right hand: 
through w*** meanes I was forced to lye Lame upwards of Six 
Months Not being able to use One of my fingers in Six 
months Tyme; That what y* Doctor had for y* Cure of my 
hand y* Charges I was att for Washing Lodging & Diet it being 
in so Deere A place, it was in Piscataqua Riuer besides the Losse 
of my Tyme; brought me Thus behinde hand; and Therfore 
I humblye desire (you' honours) to Commiserate my poor &, 
Distressed Condition I am Now In; being A Stranger to yo' 
honours and likewise this Towne hauing Layd here almost 
fourteen Weekes in Close prison. The Lord knowing there is no 
One knows what here I haue suffered since 1 came in here hauing 
not now halfe y* strength I had when I came first in here. The 
Lord knows when I shall recover my strength againe but my 
trust & hope is still in him, besides y^ Losse of my moat pretious 



22 



338 SALEM QUARTERLY COURT [June 

John Beckett v. Jonathan Knight. Withdrawn.* 
Josiah Roades v. Sarah Hathorn, widow, and Nathaniel 
Hathorne, her son. Verdict for plaintiff, the horse in contro- 
versy. Appealed to the next Court of Assistants. Nathaniel 
Hathorne, Tho. Newell, sr., were bound, with John Newell and 
Ebenezer Hathorne as sureties. 

Samuell Tarbox and Mathew Farrington were sworn con- 
stables for Lynn'. 

Tyme w*** can neuer be recalled Againe In w''^ Tyme (may it 
please y" honoured Court) I might haue paid Mr. Wentworth 
of Piscataqua his Debt but haue maliciously been Debarred 
from it & kept here by a Wretched Malicious Man falsely w^*» I 
Question Nott but you' Honours plainlye sees it. Your honours 
Poor and humble Declarant and Petition' who Prays for yo' 
honours health happinesse and Prosperity in this Qerlo Lyfe 
And in y* World to come lyfe Euerlasting So prays 

** Your honours humble Petitioner & Seruant 

'*JobTookie."t 

Richard Lee, aged about twenty-one years, testified that on 
Mar. 20 last he was living wdth Richard Knott in Marblehead 
and heard Job Tookie declare that he would not go in ^^nott's 
employ fishing in neither of his shallops. Nevertheless Knott 
ordered his master to go to sea the next day and to call for 
Tookie which they did and he refused to go with them. Sworn, 
June 19, 1682, before Moses Mavericke,t commissioner. 

Henry Trevet, aged about sixty years, testified to the same. 
Sworn, June 26, 1682, before Moses Mavericke,t commissioner. 

William Jarman, aged about thirty-eight years, testified that 
he was the man who called to Tookie, etc. Sworn, June 26, 
1682, before Moses Mavericke,t commissioner. 

Walter Adams, aged about forty-eight years, testified that he 
being skipper of one of Doctor Knott's shallops last winter, the 
Doctor desired one of his own servants who went fishing with 
Adams, called Thomas Vee, offering to let Tookie go in Vee's 
place. Deponent said he would try Tookie three days first to 
see if he could catch fish, but Tookie refused to go when called, 
and he was obliged to go to sea with his old crew. Sworn, June 
26, 1682, before Moses Mavericke,t commissioner. 

*Writ: Mr. John Beckett v. Jonathan Knights; non-perform- 
ance of an agreement in building a leanto to his dwelling house; 
dated May 22, 1682; signed by Eilliard Verenf for the court 
and to>^ n of Salem; and served by Henery Skerry,t marshal of 
Faleii), by attachment of land of defendant. 

t Autograph. 



1682] RECORDS AND FILES 339 

Moses Gerrish of Newbury was freed from common training, 
he paying 58. per annum to the use of the company, provided 
the Captain accepts it. 

Capt. Richard Walker, Capt. Thomas Marshall and Mr. 
Thomas Laighton of Lynn were sworn commissioners of small 
causes in Lynn. 

Edward Marshall was sworn constable of Lyn. 

Joseph Williams dying intestate, Sara, the relict, was granted 
administration upon his estate and she presented an inventory* 
which was allowed. The clear estate amounted to about 901i., 
and there being six children, four sons, Joseph, Daniel, Benja- 
min and David, and two daughters, Sarah and Abigail, court 
ordered to the eldest son lOli. and 51i. to each of the others at 
age or marriage. 

Edward Berry of Marblehead petitioned the court to be freed 
from common training, on account of his great age, poverty 

* Inventory of the estate of Joseph Williams, taken June 27, 
1682, by Joseph Grafton, 8r.,t and Francis Neale, sr.if one halfe 
of the Dwelling house. Barn and Shopp which he builded, 401i. ; 
the other part of the house and land thereunto belonging which 
is his wifes and Children after her mothers Discease; to a Boat, 
51i.; Two Cowes and a Maire, 81i.; 3 swine & two piggs, 31i.; 
Land att Topsfield, 161i. ; one bed and bedstead as itt standeth, 
51i. ; two small beds more and y" firnituer to them belonging, 51i. ; 
two Chests and two Boxes, Hi. 10s. ; fower paire of Sheets much 
worne, 21i. 10s.; 3 paire of pillowbeers. Hi.; to fower pewter 
platters, one Great bason, two little Basons, two quart potts, 
fower porengers, one sawcer, 6 spoones, alchymie, one Chamber 
pott, a sucking bottell & small Tunnell, Hi. 15s.; an old warming 
pann, 5s. ; one Brass Kettle and to Brass Skilletts, 21i. 10s. ; two 
Iron potts & two Iron Kettles, Hi. 10s.; a paire of Andirons and 
two hakes & a fryin pann, 10s.; a fier shovell. Tongs, a spitt and 
a paire of Bellowes, 7s.; two Gunnes, two rapiers, a Pike and 
a belt, 21i. ; a smoothing Iron & Looking Glass, 3s. ; two sawes, 
axes and working Tooles, lOli. ; 10 Bushels of Indian Corn & six 
bushells of Rie, Hi. 18s.; six old chaires, 6s.; Lumber, 10s.; a 
wheele & a smale Tabel, 6s.; his wareing Clothes, 51i.; to tenn 
pound of Linen yarn fower pound of Cotton yarn, & Five pound 
of Cotton woole. Hi. 13s.; to an old Saddle and Briddle, 10s.; 
two sythes, 5s., 13s.; A Canow, 15s.; a Pine Chist, 5s.; total, 91i. 
10s. ; due to ye estate from severall persons, 81i. 2s. 6d. ; due from 
ye estate to severall persons, 361i. 8s. 13d. 

t Autograph. 



340 SALEM QUARTERLY COURT [June 

and weakness of body, and that the Captain was willing if the 
court approved, and he was accordingly dismissed from train- 
ings. 

Thomas Judkin had his former license renewed for keeping 
an ordinary in Gloster. 

John Allen acknowledged judgment to Philip Greely. 

Theophilus Baily had his license renewed for the ensuing 
year. 

Robert Cockes, presented for beating one Booby, was fined, 
and for swearing was dismissed, it being not legally proved. 

Court ordered to Ruth Williams 61i. to be paid by John and 
Joseph Gatchell in satisfaction for nursing the child to the 
present time, this being in addition to what had been granted 
her already.* 

Tho. Maule, presented for breach of the peace in striking 
George Deane's children, was admonished, as were the boys, 
and all were ordered to pay costs.f 

•Elizabeth Pow, aged about thirty years, testified that being 
with Mary WiUiams the day before she died, the latter denied 
that the child was Jonathan Gatchell's. Sworn, June 29, 1682, 
before Moses Mavericke,t commissioner. 

Elizabeth Gillegan, aged about twenty-six years, testified 
that Mary Williams told her the same. Sworn, June 29, 1682, 
before Moses Mavericke,^ commissioner. 

fJeane Lord, aged about fifteen years, testified that she being 
on the street on Apr. 6 saw Thomas Maule take up Geo. Deane, 
jr., and put him in his barn whereupon the boy cried very much 
so that his sister Elizabith Deane asked said Maule to let him 
out. Maule took a great stick and struck her over the head and 
shoulders about twelve blows when Thomas Deane came and 
asked for his brother. Maule warned him to keep out, but 
Deane pressed toward the barn door for the rescue of his 
brother and Maule struck him twice with a sod spade, pulled 
him down and struck him more blows, etc. Sworn, Apr. 7, 
1682, before Bartho. Gedney,t assistant. 

Mary Lambert, aged about fifteen years, testified to the same. 
Sworn, Apr. 7, 1682, before Bartho. Gedney,t assistant. 

Benjamin Williams, aged about seventeen years, testified that 
he was in the street near Thomas Maulers new house, with 
Thomas Dane and several other boys, and saw Dane take a 
stick out of Richard Thomas' hands saying he would beat Maule 
with it. Dane and Charles Phillips threw stones at Maule who 

{ Autograph. 



1682] RECOBDS AND FILES 341 

was in his barn and bade Maule come out and they would drub 
him. Dean thrust his stick in at a hole in the barn and said he 
had given him a good punch. It was said among them that they 
thought Maule had gone around to his home. Then Phillips 
and Dean sent Richard Thomas to the house to tell him that 
there were boys playing the rogue on his ground and flinging 
stones at his barn and, if he came, they intended to drub him. 
Phillips said he would give 5s. to know whether Maule were at 
home, etc. Sworn, Apr. 17, 1682, before B. Gedney,* assistant. 

John Blieth testified as to the actions on that Sabbath day 
night and that Richard Thomas was sent to tell Maule that 
somebody was going to pull up all of his trees, etc. Sworn, 
Apr. 17, 1682, before B. Gedney,* assistant. 

Bathsheba Coombs, aged about forty-five years, deposed. 
Sworn, Apr. 7, 1682, before B. Gedney,* assistant. 

Charles Derby, aged about thirteen years, testified. Sworn, 
Apr. 7, 1682, before B. Gedney,* assistant. 

Sarah Cole testified. Sworn, Apr. 7, 1682, before Bartho. 
Gedney,* assistant. 

George Deane, aged about forty years, testified that he had 
seen Maule writing and posting his books on the Sabbath day, 
etc. Sworn, June 24, 1682, before Bartho. Gedney,* assistant. 

Martha Proctor, aged about sixteen years, testified that 
Maule many times came to her master King's house on the 
evening of the Sabbath day and she had heard her master say, 
"What, Thomas, hast thou bin to meeting to day?" Maule 
would reply, "No, I haue bin so busy today about posting my 
Bookes wch I could not attend upon other dayes." Sworn, June 
24, 1682, before Bartho. Gedney,* assistant. 

Daniel Dove, aged about twenty years, and Isack Williams, 
aged about twenty years, testified that they were in the street 
near Isack Williams, father's house at eleven o'clock at night 
and saw Thomas Deen and John Richards going toward Maule's 
new house where his orchard is; and this was the night that the 
apple trees were cut down. Sworn, Apr. 18, 1682, before Bartho. 
Gedney,* assistant. 

Steven Ingols testified that he saw John Richards and Tho. 
Dane there that night, etc. Sworn before B. Gedney,* assistant. 

Eleckieas (also, Alexius) Ronalls, aged about twenty-five 
years, and Haggar, John Trask's negro, aged about twenty-one 
years, testified that they saw John Richards go over the fence 
between Maule's and Richard Crod's houses as if he came 
directly from the window by the bed where Thomas Maule 
lodged, about eight or nine o'clock. When he came into the 
street he said to the boys "Is Tom Maule com out?" They 
asked him several times if he had been in the orchard, but he 
made no reply. Then he went over to Maule's new house where 

* Autograph. 



342 BALEM QUABTEBLT COUBT [June 

Thomas Maule, presented for pernicious lying several times, 
was fined, and Jeremiah Neal, Mr. Phippen and Edw. Bridges 
were allowed witness fees.* 

the orchard was "and said Tom maule had a brane new shope." 
Sworn, Apr. 18, 1682, before Bartho. Gedney,t assistant. 

Joseph Lord, aged about twenty years, testified that at ten 
o'clock at night he saw John Richards and Thomas Deen in the 
town at Capt. Pris' corner near his house and they both went 
up as far as John Mason's house where they stopped and talked. 
Deponent noticed that they were both laughing as they left him 
and went toward Maule's, one saying to the other "com let us 
goe wee had as good be hanged for a oldee sheep as a young 
lam.'' Sworn, Apr. 18, 1682, before Bartho. Gedney,t assistant. 

*Presented for the following oflfences: 

For profanely taking the name of God to witness the last 
Salem court that he never posted his books on the Lord's day 
for which there is legal proof to the contrary. Wit: George 
Deane and Martha Proctor. For professing that he had great 
respect for the Sabbath when he had said that all days were alike 
to him and that he had worked on that day and could as freely 
as on other days were it not for the laws of the outward man. 
Wit: William Godsoe and Joseph Gatchell. For defaming 
authority in saying that he was counselled by the Worshipful 
Mr. Bartholomew Gidney to deny that which was proved in 
court to be a just and honest debt. Wit: William Godsoe and 
Elizabeth Deane. For his constant practice of lying and defam- 
ing his neighbors, as in court last December, saying that by 
reason of his bad neighbors he had sold his house for 501i. loss, 
whereas before he had said that he had made 401i. Wit: Jos. 
Gatchell, Francis Nurse and Jonathan Neale. For denying 
that he took away Mr. Higginson's notes directly or indirectly 
when it can be clearly proved that he did take away said notes 
and made his jeers about it. Wit: Joseph Phippen, sr., Edm. 
Bridges, Joseph Gatchell and William Godsoe. For saying that 
Frances Croade was a base liar and would have been hanged 
long ago had she had her deserts, which he positively denied 
before Mr. Gidney. W^it: Jonathan Flint and Charles Phillips. 
For deriding authority after he had been at the court to answer 
for default in Sabbath breaking, saying that the court did not 
so much as give him a check for it, nor believe anything that was 
said against him. Wit: Elizabeth Deane, sr., and Elizabeth 
Deane, jr. The foregoing were left to the consideration of the 
"Judicious Jury." 

Edmand Bridges' bill of cost, 3s. 

Bill of cost of Joseph Phippen, sr., and Jeremiah Neale, 6s., 
and to the other witnesses, 6s. each. 

t Autograph. 



1682] RECORDS AND FILES 343 

Richard Croade, presented for being drunk, was fined.* 

John Mason, presented for excessive drinking, was fined.' 
Wm. Godsoe and Samll. Wakfeild were allowed witness fees.f 

Ruben Guppy, presented for selling drink without license, was 
fined or upon failure to pay was to be imprisoned. 

Frances Collens, presented for selling strong drink without 
license, was fined.J 

Isaack Read and his wife, presented upon suspicion of stealing 
corn from Andrew Tarvice, were fined.§ 

Samuell Wackfield, aged about twenty-nine years, testified 
that as he was in his own garden he saw Thomas Deayn strike 
Thomas Maule several blows within the latter's fence and when 
deponent went to see what the matter was, Deayn had pushed 
him backward onto the ground, calling him bad names. Also 
William Crod took Maule by the throat and Richard Croade's 
two daughters called him Irish baud master and bade him fetch 
his Irish baud from Antogo. Sworn, Apr. 7, 1682, before B. 
Gedney, assistant. 

Daniell Dove, aged twenty years, testified that he heard 
Sarah Croad call Maule these names and that he saw Elizabeth 
Dane, so called, go to Maule and ask him to let out her brother 
and Maule told her to get off his land. He further told her he 
would drub her if she did not go, whereupon she dared him and 
he struck her several blows, etc. Sworn, Apr. 7, 1682, before 
Bartho. Gedney, || assistant. 

John Coats, aged twenty-three years, testified that he saw 
the beginning of the fray, etc. Sworn, Apr. 7, 1682, before 
Bartho. Gedney, || assistant. 

*Salem presentment. Wit: William Pinson and his wife 
Rebecka. 

tSalem presentment. 

JSalem presentment. Wit: Bartholmew Gidny, Nathanell 
Greene and John Bonker. 

§Andrew Tarvis' complaint against Isack Read and Jane, his 
wife : '* On munday last there being much company at Beniamin 
Scarlets the hous where I dwele there was amongst others Isack 
Read & his wife & about an hour w^ithin night my wife tould me 
that Jane Read was in the leanto & then I asked her where her 
husband was & my wife tould me he was gone & the next morn- 
ing my wife going into the leanto caled to me & tole me that we 
were undon our Come was gone; my wife went out & found 
corne scatered on the grownd: al the way unto the brooke In the 
wav towards Isaac Reads houses & In the wav there was 2 traces 
of Corne In a holow tree & the eares all taken"; they further 

Autograph. 



344 SALEM QUAHTERLT couBT [June 

Upon complaint of Mary Russell that her husband Thomas 
Russell had carried himself very profusely and extravagantly in 
running up and down the country, taking no care to provide for 
his family, much abusing his wife and family, and he having 
been convicted formerly of disorderly carriages of this sort, and 
was without reformation, court ordered his estate to be se- 
questered. He was to have no power to dispose of it; and court 
appointed Capt. Ward and Benjamin Parmiter as feoffees in trust 
for said Mary and her children to secure the estate for their relief 
and to place the children out, with the mother's consent.* 

said that they had had meat taken and found one piece near the 
door. Sworn, Apr. 3, 1682, before Bartho. Gedney,t assistant. 

Andrew Tarvice's bill of cost. Hi. 6s. 

Summons, dated Apr. 3, 1682, to witnesses, Goodwife Rouden, 
Daniell Poole, Nathaniell Carell, Hugh Jones and Nathaniel! 
Felton, jr., signed by Bartho. Gedney,t assistant. 

Nathannel Felton, aged twenty-six years, testified that on 
Mar. 28, last he was going early in the morning to the north 
field and between the dwelling of Andrew Tarves and the house 
of Isake Read saw several ears of Indian corn lying on the 
ground. 

Mary Rowden and Daniell Poole testified that Sarah Tarviss 
and Jane Read discoursing about the corn in said Rowden's 
house, Goody Tarviss asked how came her corn gone and Sarah 
said perhaps the horses ate it. Poole testified that he saw corn 
under the groundsel of the house. Sworn, Apr. 3, 1682, before 
B. Gedney,t assistant. 

Samuell Endecott testified that he saw Goody Reed stand at 
the leanto door at night ''after she bid us good night, near 
where the corn hung, etc. Sworn, May 23, 1682, before Bartho. 
Gedney,t assistant. 

*The petition of Mary (her mark) Russell: "whereas Thomas 
Russell the husbande of y® af oresayed Mary hath & doth follow 
A very lewed Course of life by drunkeness, idleeness, makeng 
away out of y* house such necessaryes as my poore Family can- 
not well be withoute, not prouideing sustenance for mee or my 
children, neither foode nor raymente, but runninge & rideinge 
aboute the country, & makeing or takeng up his abode affar of 
somtimes at the eastward at pescataway, sometimes south- 
warde at New Yorke & at his returne certaine is his custom to 
make away all y* hee can from mee & my children of what hee 
finds in the family & at this time he is & hath been gon this f our- 
teene nightes I know not whither, nor whether hee intends to 
returne or not, besides his wicked violence at such times as hee 

t Autograph. 



1682] RECORDS AND FILES 345 

Richard Flinder, presented for breach of the Sabbath by sail- 
ing with his sloop out of Manchester river on a Sabbath day, 
confessed, pleading necessity, was dismissed, court giving him 
a caution to be careful for the time to come.* 

Peeter Goite, being charged by Ruth Williams with being the 
father of her child, was sentenced to pay 4s. per week for the 
first four weeks and Ss. per week thereafter for food and raiment 
for the child. He was bound, with Samuell Nicholson as surety. t 

is at home & at his seuerall returnes home is so cruell against my 
person that I dreade his societie. Therefore the petitioner being 
out of all hopes of A Comfortabllee subsistance; neyther For her 
self nor bringeing up of his & my three children with respeckt 
to education in any wise ackcordinge to the rule of Gods worde 
A Lawes prescribed in this Commonwealth;" etc. 

*Wit: John Sibley and Aling. 

fSummons, dated 30 : 4 : 1682, to the midwife who was with 
Ruth Williams, also two other women as witnesses, signed by 
Hilliard Veren,t for the court, and served by the constable of 
Marblehead on Elizabeth Smith and Rebekeh Swet. The mid- 
wife was so busy in her profession that she could not attend, but 
isent her testimony. 

Elizabeth Smith, aged about twenty-nine years, testified that 
Gregory Williams being at Marblehead when his wife was sick 
desired her and the nurse to look after her. She asked him what 
she should do if his wife died and he said for her to look after the 
child and he would satisfy her for it. Sworn, June 29, 1682, 
before Moses Mavericke,t commissioner. 

Waiburrow Gatchell, aged about seventy years, testified that 
she was the midwife at the birth of Ruth's child and the latter 
said that Peter Goitt was the father of it. Sworn, June 29, 1682, 
before Moses Mavericke,t commissioner. 

Elizabeth Smith and Rebeca Sweet testified to the same and 
that they had seen Goit go in to Ruth's house at twelve or one 
o'clock at night, the latter often sitting up late to wait for her 
husband's coming from sea. Sworn in court. 

Ruth Williams, aged about thirty-five years, testified that 
Gregory Williams, being at Marblehead when his wife was sick, 
desired deponent as her nurse to look after her to see that she 
wanted nothing and he would satisfy her, etc. Sworn, June 29, 
1682, before Moses Mavericke,J commissioner. 
: . Petition of Ruth Williams of Marblehead: that she had kept 
the child of Gregory Williams about ten months and tended his 
wife two months and had received but 40s. ; she asked for satis- 
faction. 

t Autograph. 



346 SALEM QUARTERLY COURT [June 

Thomas Deane and Charles Phillips, bound to the court upon 
suspicion of cutting down several apple trees of Thomas Maule's, 
desired to be tried by jury. Verdict for defendants.* 

Mr. Samuell Gardner, jr., John Foster, jr., and Anthony 
Buxton took the oath of freeman. 

Capt. [Richard. — Waste book.] More, presented for selling 
drink without license, was fined, w^hich fine was respitted.f 

Whereas there was an order of court, 30 : 9 : 1680, for the 
appointment of meet persons to divide the estate of William 
Flint, deceased, court now appoints Mr. Samuell Gardner, sr., 
Mr. John Hathorne and Lt. John Higgenson. 

Thomas Laiton and Frances Burrell were ordered at the last 
Ipswich court to sell enough land of the widow Mary Davis to 
pay her son-in-law, Thomas Ivory, for past maintenance of said 
Mary, and in the future in the time of her age and weakness at 
the rate of 4s.. per week during her life. They were also im- 
powered to bring suit for any rents or debts due to her, which 
should be used to defray the expense of maintenence of said 
Mary Davis.J 

Petition of Jno. Gatchell and Wibrough Gatchell, his wife, 
of Marblehead, said Jno. being sick and weak and not able to 
go to court: that they were '* stricken in years and full of 
trouble" on account of the great charge put upon them by order 
of the court in the maintenance of the child of Grigory Williams, 
for which child several in Marblehead *'good livers" have given 
cautions to save the town of Marblehead harmless and they 
asked that the bondsmen release them of the burden; Gregory 
was willing to come to Marblehead to get the child but was 
afraid because he was so much in debt. 

Elias Henley^s bill of cost about Peter Goit, 14s. 

*Thomas Deane was bound on Apr. 17, 1682, with Robert 
Kitchen as surety, and Charles Phillips was bound, with Joseph 
Neale as surety, for appearance at the next court. 

t Richard Moore, sr., of Salem. Wit: James Simons. 

Jfemes Simonds, aged about forty-eight years, testified that 
he was at Capt. Mor's house about two months ago and saw 
Mor's wife take 2d. for a pot of beer. 

JPetition of John Daves, § inhabitant of Lynn, brother-in-law 
of Thomas Ivory, and son of Mrs. Mary Davis, that according 
to court order Mr. Thomas Laughton, sr., and Francis Burrell, 
sr., had sold five and a quarter acres of land which said Ivory 
accepted for the time past, but would not accept the 4s. per 

§ Autograph. 



1682] BSCORDS AND FILES 347^ 

William Russell, complained of for abusive carriages toward 
the master of the vessel, Thomas Jegells, and others of the 
company to which he belonged, and for swearing and threaten-, 
ing the master's life, was sentenced to be severely whipped. He 

week for the future; that said John did not know that Ivory was 
going to that court at Ipswich which w^as not fair dealing; that, 
his mother should be maintained by the estate and by her chil- 
dren, which are but two, petitioner and Thomas Ivory's now 
wife; that petitioner was and is willing to bear two parts to 
Ivory's one; *'and am willing to doe my utmost for my hon'^ 
mother. And as I am the son I was willing to p'serue the estate 
together while my mother lined if possible and soe haue posessed 
y« Inheritance of my father, of w°** lands my brother might 
expect a third part or pay for it after my mothers decease. And 
yo' petitioner hath the land by lease from my mother when shee 
was of good understanding & that for her life time, at a certayn 
rate per yeer which your now petition' paid yeerly, soe as y* 
Thomas Ivory owneth he received fourteen pounds & twelve 
shillings in this fowre yeers that he declared hee had maintained^ 
my mother, yo' petitioner was willing & is willing to Joyne with 
his brother luory to maintaine o' mother two parts for one 
with him, and hath proflfred him that if hee be weary yo' now 
petition' would take his mother & keepe her: alsoe hath prof- 
fred to referr the matter concerning his mothers maintainance 
to two Indiflferent men or more & will be bound to stand unto- 
& doe as they should appoynt but nothing wilbe accepted, but 
the land w*** is yo' petition'* by lease taken away, of which yo' 
poore petition' is enforced to complayne for in this way yo' 
poore petition' shalbe quickly bereaued of y* w**** he had good 
hopes to In joy as the Inheritance of his father whereupon hee 
hath laid out a great deal to make a comfortable place of abod^ 
and now is greatly spoyled of his intentions and good subsist-^ 
ance & Thomas luory my brother hath given under his hand 
that he was fully satisfyed for all things concerning my mother 
to this foure yeers last past, & that therein he hath receiued 
neere fifteen pounds of mee wherefore yo' poore petition' is en- 
forced to Implore this Hono'** Courts fauo' that hee may not be 
driuen out of the Inheritance of his father, But that they both 
as children may be ordered to doe their duty, and the Inheri- 
tance of o' father remayne together according to our deceased 
fathers intention." 

Thomas Ivorye's* petition: that the court appoint some meet 
person to see to it that the rents be paid by John Davis toward 
his distressed mother's maintenance or dispose of the real- 
estate to such persons who will pay rent, etc. 

* Autograph. 



^348 SALEM QUABTEBLT couBT [June 

was bound to good behavior and ordered to be kept in irons 
until the master and others should come to the Worshipful Wm. 
Browne and Batholomew Gedney, Esq., and declare that they 
were satisfied.* 

Whereas there was administration granted of the estate of 
George Carr, sr., deceased, to Elizabeth, the widow, and George 
and James Carr, sons, they brought in an inventory of the estate 
amounting to l,1001i. There being eight children, sons George, 
William, James, John and Richard, and daughters Mary, Sarah, 
and Ann, court ordered the estate, as follows, to Elizabeth, the 
widow, 1801i., to George, ISOli., to James, in consideration of his 
portion and several years' service or living with his father, 
ISOli., and to William, John, Richard, Mary, Sarah and Ann, 
901i. each; also to James Woodman, son of Mr. John Woodman, 

♦Complaint of Thomas Jegles, jr., against William Russell, 
servant of Philip English : ''that sd Russell being shipt on a fish- 
ing voiage by his master English under the sd Jegles as master 
of the ketch prosperous hath Caried himself very abusively 
and hath at many times swore prophanlie by the name of god & 
and did yesterday Absent himself from his busines that the sd 
Jegles was forced to hire a man In his Roome to worke In the 
washing of his fish & toward night the s"^ Russell came on bord 
the catch he belonged unto & without provocation got a Long 
sharp pointed knife & did Run at the sd Jegles therwith. En- 
deavored to stab the sd Jegles In the brest but was prevented 
by Andrew Severy & Simon Rumzy & peter Colier In the doing 
whereof sd Russell did cut or scratch Andrew Severe's hand & 
afterward he got his bible & sd he would Read a vers or two 
before he died for he had but Little while to Live & sd unto sd 
Jegles tom: thou hast but a little while to live for I will be the 
death of the with many other outrajious Cariages as swearing by 
the name of god & flung much of the fish overbord which was 
utterly lost & likewise did Bitterly curs the sd Jegles himself & 
the Company biding the devill & the plaug take them all : upon 
which the sd Jegles Is Afraid to Cary him any longer being him- 
self & others of his company in danger of their lives: sd Russ- 
ell having thretned to be the death of them." Sworn, June 30, 
1682, before Bartho. Gedney,t assistant. 

Simon Rumse, aged about twenty-five years, testified that 
he would have been stabbed by Russell if he had not been 
hindered. Andrew Severre, aged about twenty-six years, and 
Peter Colyer, aged about thirty years, testified to the same. 
Sworn, June 30, 1682, before Bartho. Gedney,t assistant. 

t Autograph, 



1682] RECORDS AND FILES 349' 

by Elizabeth, the daughter of Mr. George Carre, deceased, 
241i.* 

_^ ^ ^ * 

♦Inventory of the estate of Mr. Georg Carre of SaHsbury, 
taken 10 : 2 : 1682, by Ensigne Wm. Bussell, Henry Browne, 
John Weed, Tristram Cofl&n and Daniell Pierce: to N. E. money, 
21i. 8s. 6d.; money, 9h. Ss. lOd.; English money. Hi. 12s. 2d.; 
Gold, Hi. 5s. ; English money, 21i. 10s. ; 1 Bed & Bolster and 2 
pillowes as mony, 31i. 10s.; 1 pr. sheets, 1 blanket, 2 pillow 
Cases, Ih. 7s. ; 1 pr. Courtains & valance, 6s. ; 1 bedstead, matt 
& bead coard. Hi. 2s. ; 1 Table & frame, Hi. ; 2 chests & plank for 
a Table leafe, lis.; 1 fouling peice, 2 musqt., 1 carbine, 2 rests, 
41i. 5s. ; 1 pike without a head & half pike, 4s. ; wearing cloaths 
& Books, 121i.; 4 Cooshins, 5s.; a box loron & heaters, 3s.; a 
black Bearing cloath, Hi. 4s.; 1 sheet, 2 table cloaths, 2 pillow 
Beers, 4 napkins & old Towells, 21i.; 1 bed, 1 bolster, 2 pillow 
bears, 4Ii.; 2 sheets, 2 blanketts & a Rugge, Hi. 18s.; 1 pr. of 
Curtains, Bedstd, matt & bed cord. Hi.; 1 Truckle bed, bedsted, 
2 sheets, 2 blanketts, 1 Rugg, 2 pillow beers & bolster, 51i.; 1 
needlework Carpett, lli.; 1 old cubbord, 10s.; 1 pistoU, 4 swords, 
five belts, 1 pr. bandaleers & one musquet, 21i. 15s.; 1 Chest, 6s.;, 
1 bed, one Bolster, 2 pillow beers, 2 sheetts, bedstead, matt & 
cord, 51i. 14s. ; 1 Truklebed, bedstead & beading, 2U. 5s. ; 2 pr. 
of spectacles, 2 pr. of tobacco Tongs & Tobaco box, 3s. ; 3 spin- 
ing wheels, old Tubbs, one basket & 3 meal sives, Hi.; hops, 
malt & indian corne, 21i. 2s.; 2 bedsteads & an old bed, 15s.; 4 
sadles, 2 pilions & 2 bridles, 31i. ; 2 pr. of fetters, 6s. ; 1 Croscutt 
saw, a coopers adds, 1 maule, 1 pr. pinchers, 4 agers. Ring bolts 
& other old loron, 3 plains & one how, 21i. Is.; Hammers, 
wedges, sheeres, pinchers, shot molds & other old Iron, 9s.;: 
Cordage & block & horse tackling, lli. 15s. ; 7 platters, 1 Basin, 

1 saltseller, 3 porringers, two flaggons & other old pewter, 211. 
10s.; 1 Dripping pan, 1 mortar, 1 skimmer, 1 chafing dish, 1 
frying pan, 1 gridiron, 10s.; 2 Brase Kettells, 2 Brase skelletts^. 

2 li. 10s. ; 3 Iron potts, 2 pair of pothookes, Tramell, canhookes, 
1 pair of Andirons, 21i. 10s. ; 2 pair of Tonges & peel, 58. ; 1 Jack 
& spitt, 18s.; 1 Warming pan, 6s.; 3 pailes, 8 empty butts, 7 
empty Barrells, lli. 14s. ; 1 side of leather, 12 chaires, 1 whipsaw, 
lli. 7s.; 2 Augurs with old Iron, 21i. 5s. ;1 Cart & wheeles. Hi.;; 
4 sithes & tackling, 1 grinstone & wetbucket, 10s.; 300 foot of 
oake board, 200 foot of plank & Rough timber, 51i. 17s.; 6 
Cowes, 3 heifers, 1 bull, 4 year olds, 251i.; 3 horses, 7 swine, lOli. 
158. ; 1 Horse, 21i. ; bill due from William Carr by assignment, . 
lOli. 4s.; a Higldy pigldy lott, 301i.; 100 Akers of upland about 
holts Rocks, llOli.; Land by Gunners point upon the river, 
501i.; land aboue Osgoods mill, 351i.; land bought of Enock 
Greenleafe, 201i.; 1 lott of upland above the mill Bought of 
Enoch Greenlef, 81i.; Right in the Common, lOli.; 2 Akers ol' 



'350 8ALEM QUAHTERLT COURT [June 

meadow at Mr. Hall's farm, 71i. ; 8 Acres of meadow in the cow 
common^ 3011. ; Enoch Greenleafes meadow in the cow common, 
181i.; Higldy pigldy lott, Sli.; debt due from George Car by 
mortgage, 331i. 12s.; Boates, 91i.; Amsbury ferry, lOOli.; The 
Hand, Ram Island pasture over the bridge & ferry, and meadow 
adjacent to the pasture house & orchard, SOOli. Daniell Pierce 
& Tristram Coffin dissented from the others on the value of the 
Island, they appraising it at lOOOli. Debts as presented due 
from the estate, 401i. 5s. Daniel Peirce* and Tristram Coffin* 
certified that the appraisers met at Mrs. Carres house at the 
request of her and her children on 10 : 2 : 1682, and they with 
her sons-in-law asked that an inventory be made of George 
Carr's estate. The appraisers asked whether it should be ap- 
praised as money or as country pay and they all agreed to the 
former. There were some things, like sea instruments, that 
were not appraised. Sworn by Capt. Daniel Perc and Sargent 
Tristram Coffin, June 28, 1682, before Robt. Pike,* assistant. 

Henry Browne, sr., and Ensign Willi. Buswell testified to the 
same and were sworn June 23, 1682, before Robt. Pike,* 
.assistant. 

Inventory of the estate of Mr. George Carr, taken June 20, 
1682, by William Osgood, sr.,* Walter Fayerfield* and Nathll. 
Weare:* the Island on which the house standeth containing 
about 57 acres with the housing, 2201i. ; Ram Hand, most of it 
being meadow 16 akers, 80H. ; pasture land over the bridge about 
35 acres, 871i. 10s.; one Higedle piglde lott of medow, 301i.; one 
hundred acers of Land about hoults Rocks, llOli.; about 50 
acors of land at Guner's point, 501i.; 90 acres above Osgood's 
mills, 401i.; 20 acors of land bought of Enocke Grenlefe, 201i.; 
a lott of land lying above the mill bought of Greenlefe, 161i.; a 
Right of Comon purchased of Grenlefe, 51i. ; his owne Right in 
the common, lOli. ; two acors of marsh in hals farme, soe called, 
71i.; eight acors of medow in the cow common, 281i.; four acors 
of medow in the cow common bought of Grenlefe, 151i.; one 
higeldypegeldy lott at the Rivers mouth, 91i.; debt due from 
George Carr by morgadg, 331i. 12s.; the bridg and ferry below 
amsbery, 1 lOli. ; four old boats, 'lOli. ; the ferry at amsbery , 801i. ; 
mony of New Ingland coyne, 141i. ; mony of old Ingland coyne, 
gold and silver, 21i. 18s. ; the bed in the parlor, bedsted and fur- 
nituer, 61i. 10s.; a table & frame & two chests & a plank for a 
table leafe. Hi. 6s.; a fouling piece, two muskets, a carbine & 2 
Rests, 41i. 10s. ; one pike and a halfe pike, 4s. ; his wearing clothes 
and severall books, 61i. ; shoos and boots and 4 cushens, smoth- 
ing Iron & heators. Hi. 3s. ; a bearing cloth, a sheet, two table 
clothes, two pillowbers, 4 napkins and old towells, 21i. 9s. 6d.; 
one bead and bolster, two pillows, 41i. ; two sheets, two blankets 
..and a Rug, all old, 18s.; one paire of old curtains, bed cord, 

* Autograph. 



1682] RECORDS AND FILES 351 

matt, 6s.; a truckell bed, two sheets, a blanket, Rug, two pil- 
lows, bolster, bedsted, all old, 31i. 18s. ; one Nedlle work Carpit 
and old Cubberd, Hi. 4s. ; one pistill, 4 swords & belts & bande- 
lers & old muskit, 21i. 10s.; one chest, one bed, one bolster, 2 
pillows, 2 sheets, a bedsted, a matt & cord, all old, 41i. Is.; an 
old trundle bed, bedding & bedsted. Hi. 13s.; pieces of bed- 
steds and old beding, 5s. 6d.; two per of broken tobaco tongs & 
spectecls, Is. 6d. ; old spining whels, old tubbs, a basket, meall 
sives, 8s. 6d.; about 4 bushels of come, malt and hops, 15s.; 4 
old saddls, 2 pillions, two pieces of bridles, 21i. 2s. ; croscut saw, 
coopers Ads, one mauU, pincers, 4 augers, Ring bolts, &c., other 
old Iron, 3 plains, 1 how, 21i. Ts.; hammers, shers, wedges, 
pincers, shott molds & other old Iron, 10s. ; cordadg, hors take- 
ling and blocks, Hi. 15s.; platters, bason, spoons and other 
pewter, 21i. 28. ; two bras kettells, two brass skillets, Iron pots, 
old, one per Andirons and other Iron utensels, 41i. 5s.; a Jack 
& spitt & warming pan broken, Hi. Is.; pails, empty kaske and 
such lumber soule lether, old chayers and old whipsaws, 21i. lis.; 
^Id Augurs with other old Iron cart and whells, 21i. ISs. ; sithes 
& taklen grindstone & well bucket, 10s.; pine bords, oake bords, 
sum planks & Rough timber, 31i. 5s.; neat cattell, six cows, 4 
yerlings, 3 two yer old & a bull, 291i. ; 3 horses & one hors in the 
hands of Thomas Putnam, 91i. 10s.; six swine & pigs, 31i. 68.; 
an hour glas, old lanthorne and other small things, 2s.; a bill 
dew from William Carr, lOli. 4s.; to Mr. Jams Baile upon the 
account of the portion of Mary his wife which they had re- 
ceived, 231i. Is.; paid to Thomas Putnam and Ann his wife on 
acount of his wife's portion, 201i. 8s. 6d., paid to William Carr 
towards his portion, 191i. 3s. 6d.; total, 1, 14511. 9s. 6d. In the 
hand of Thos. Baker, Hi. 16s. 6d. Debts due from the estate: 
for funeral expenses, 171i. 48.; to Jams Car for 11 yers servic of 
himselfe and thre yers of his servant, 15411. ; due to Georg Carr 
for one yere and halfe time of his servant, 61i. ; other debts, 251i. 
4s. Id.; total debts, 20211. 8s. Id. 

"There is a list of debts titled Exetor D** Amounting to 301i. 
10s. & 8d. as is cast up in the lower end of the papper given in, 
& an other list of debts amounting to llli. 19s. & 2d. which are 
debts owing to the estate of Mr. George Carr deceased: but both 
being badly writin & all the pticuler mens names not well to be 
read, only the sumes were desired to be taken out in the whole 
of each paper, which are as is aboue exprest." 

** I would intreat you & all of you to pay to my sonn William 
Carr this small detes for mee your frend, Elezabeth Carr.* 
Salsbury 10 march 1681-82:" danel lad, jr., 3s.; John willams, 
6s. lOd.; iozef mllams, 3s. 6d.; willam huchins, 148. 3d.; sam 
lad, 6s. 3d.; tho. duston, 2s. 2d.; tho. hardy, 2s. 6d.;io Palmer, 
68. 2d.; Peter brewer, 7d.; tho. eatten, sr., 3s. 3d.; iohn borbam, 

'■* Autograph. 



352 SALEM QUARTERLY COURT [June* 

sr.. Is. 9d.; robbard ayres, Is. Id.; Sam gill, 28. 5d.; robbard 
haiselton, 28. 2d.; widow tiler, 3s. 8d.; old huchens, 16s. 6d.; 
tho. ayers, jr., 4s. 3d.; miel emersson, Is. Id.; goodman hin- 
drick, Is. 4d.; iotham hindrick, 4s. 2d.; old haselton, 4s. 4d.; 
georg brown, 3s. 6d.; goodman Swan, 5s. 6d.; sam. woster, 
5s. Id.; danel lad, sr., 2s. 6d.; goodman grely, 5s.; io bond, 
12s. lid.; iames daves, 13s. 2d.; robbard Clemens, 10s. 3d.; 

danel Clemens, 8s. 6d.; iohn Clemens, Is.; tho. hardy, ; 

tho. hartshorn. Is. Id.; Sam. Simons, Is. Id.; iames sanders, 
3s. 6d.; iohn cazer, 2s. Id.; old heath, 3s. 3d.; goodman mash, 
28. 6d.; goodman gill, sr., 2s. 5d.; Peter ayers, 13s. 5d.; old 
Singiltary, 4d.; goodman whicher, 4s. 6d.; iohn roby. Is. Id.; 
will nef, 9s. 4d.; goody sherrod, 6s.; tho. dow, 9s. 2d.; steven. 
dow, Is. 5d.; io payg, Is.; io heath, 5s. 3d.; steven webster, 
6s. Id.; iohn stockbredg. Is. Id.; sam wats. Is. Id. 

Exeter detes, which Elezabeth Carr* ordered her son William 
Carr to receive on Feb. 2, 1681: old mister folsom, 3s. 4d.; mr^ 
mathew fulsum, 9s. 4d.; Mr. kinsli hall, 18s. 2d.; liftenant hall, 
Hi. 15s. Id.; Mr. Stanian, lis. 2d.; Mr. Peter fulsum. Hi. 14s. 

lOd.; Mr. John fulsum, 13s. 3d.; goodman Morgin [?] ; 

Mr. Edward Smith, Hi. 5s. Id.; thomas mickens, 2s. 2d.; good- 
man Jones, Is. Id.; Mr. Stanard, 2s. 2d.; Mr. thomas wiging, 
jr., 3s. 4d.; mr. Efrom fulsum. Hi. 4s. lOd.; mr. John gilman, 
Edwards son, 4s.; Elezaah Elcin, 28. 8d.; mr. Samwill levet, 
12s. Id.; samwill wates. Is. Id.; mr. andrew wiging, Hi. lis. Id.; 
mr. Charles hilton, 51i. Is. 8d.; James godfre, a thousand white 
oak pipe staves & a shiling more; old goodman robinsonn, 
16s. 6d.; John Young, Hi. 4s. 6d.; goodman lesen, Is. Id.; mr* 
willam more, 48. 4d.; thomas waling, Is.; goodman whiten, 
4s. 6d.; goodman Hawck, 2s. 2d.; James Heweking, 4s. 3d.; 
Crister dolen, 2s. 6d.; Charles gleden, 4s. lOd.; mr. samwill 
fulsum, lis. Id.; Edward shouel. Is. Id.; arter lenick, 10s. Id.; 
tage drescut, 28. 2d.; gorg swet, 2s. 2d.; gorg John skiling, 
2s. 6d.; Charles runlet, 5s. 8d.; mr. danel gilman. Hi. Is. 9d.; 
Carlton Danfut, Hi. 198.; mr. moses gilman, sr., 71i. 6s. lOd.; 
Joseph tailer, 21i. 48. 7d.; total, 301i. lOs. 8d. 

Copy of the Boston records of births and marriages by Isa. 
Addington,* cleric: Mr. John Woodmansey was married ta 
Elizabeth Carr, daughter of George Carr of Salisbury, May 1, 
1662, by Mr. Tho. Danforth; James, son of Mr. John Wood- 
mansey and Elizabeth, was born 7 : 10 : 1665. 

Claim of Jno. Woodmansey,* dated Boston, June 26, 1682, 
that his son James, the only surviving child by Elizabeth, his 
wife, was entitled to a child's portion, because Geoge Carr had 
promised upon their marriage that said Elizabeth should share 
equally with the other children of said Carr, and since her death 

* Autograph. 



1682] RECORDS AND FILES 353 

he had promised that the grandson should share equally with 
Carr's other children. 

Letter of attorney, dated June 26, 1682, from William Carrf 
of Salisbury to his brother-in-law John Allin of Salisbury. Wit: 
Tho. Bradbury* and Robert Ring.* Acknowledged before 
Robt. Pike,* assistant. 

James Oliver, aged about sixty-four years, testified that 
Elizabeth Carr, the eldest child of his brother-in-law George 
Carr, lived with him from infancy until, with the consent of her 
parents, she was married to John Woodmansey, with whom she 
lived three or four years, then departing this life leaving only 
one son James who is now nearly seventeen years of age. Carr 
looked upon the grandson as his own in the place of his daugh- 
ter who was very dear to him, and promised that James should 
have his mother's portion. Sworn, June 27, 1682, before John 
Walley,t commissioner. 

John Chas, aged about twenty-five years, deposed that he 
lived with Mr. George Carr, deceased, about seven or eight 
years ago and often heard him encourage his son James to go on 
with his business telling him that he should be no loser by it. 
Also deponent heard Carr say that nobody should remove 
James by which he understood that he meant to settle him upon 
the island where he then lived. Deponent lived for the greater 
part of two or three years in Carres house and James was always 
very faithful and diligent in his father's business. Sworn, June 
24, 1682, before Robt. Pike,* assistant. 

Mary Gold, aged about twenty-one years, testified that while 
she lived with her master Georg Carr, deceased, she heard him 
say that he would take care that his brother Richard Carr 
should not want and that if he died before said Richard that he 
should leave him ten or eleven pounds a year as long as he 
lived. James Carr was present when these words were spoken. 
Sworn, June 24, 1682, before Robt. Pike,* assistant. 

James Freeses, aged about forty years, testified that being 
with his master Carr in his sickness, waiting upon him about a 
week before he died, in the evening he heard his master say to 
James Carr '^It is now my will to give you this Island, and be 
sure be carfuU of John and your sister Mary, be sure doe not 
wrong her, shee has beene a good girll to me," and he was 
rational at that time. Sworn, May 9, 1682, at Ipswich court. 
Copy from the records at Ipswich, book 4, page 456, made by 
Robert Lord,* recorder. 

John Hendrick, aged about thirty-three years, testified to the 
same, he being one of the watchers with George Carr in his last 
sickness. Sworn, May 9, 1682, at Ipswich court. Copy from 
the records at Ipswich, book 4, page 456, made by Robert Lord,* 
recorder. 

* Autograph. f Autograph and seal. 



23 



354 SALEM QUARTERLT COURT [June 

Jno. Dole* certified that he was called to Mr. George Carr, 
sr., in the beginning of his last sickness and 'Mudged his nerves 
to be much affected, both the Braine medulla spinalis and the 
nervous parts of the Reines, & bladder bj"^ wch the other Ner- 
vous parts of the body were much distempered. I was fre- 
quently \\ath him till his death, And according to my best Judg- 
ment (& his own wordes signifying y* same) he was not capable 
to settle his Estate, but desired his children to agree amongst 
themselves. And according to my Judgment he was not compos 
mentis scarcely any time of his sickness though sometimes he 
seemed to be rationall." Sworn, June 26, 1682, before Robert 
Pike,* assistant. 

John Bayley and Elenor Bayley testified that being at Mr. 
Can's house in the first week of his sickness one of them ask- 
ing him to make a will, he replied that he was not in a capacity 
to make a will at that time. Sworn June 26, 1682, before 
Robt. Pike,* assistant. 

James Bailey's petition to the Salem court, June 27, 1682: 

"Whereas by y* Providence of y Almighty my father Carre 
dyed intestate, who during y tyme of his sickness several! 
tymes declared himself uncapable of disposing his estate, saying 
he must leave it to ye Courts determination, after whose de- 
cease all partyes therein concerned agreed upon certain psons 
viz. Cap** Pierce Sergeant Coflin Insigne Busswell Henry Brown 
& Jn® Weed to Inventory y estate to w**' they Subscribed their 
names; but some of y* fores** partyes concerned in y« estate (not 
being contented therewith) without ye advice or knowledge of 
my self & some others alike concerned procured a temporary 
power of Administration, wch I humbly conceived ye Court 
intended for y* better preservation of ye estate from damage & 
determination, that in due time each party might have their 
due proportion according to yeir Just Interest therein, by y« 
improvem* of wch. power they have manifested a design of 
Injury to my self & Some others y* they have pcured another 
apprizem* by Strangers to y* estate one of ym living at Wenham 
near twenty miles off; another at Hampton being not in this 
Colony; wch is greatly reflecting upon y« forementioned Ap- 
prizers, being men of known ability & fidelity for such a work, 
wch Administration also was suddenly obtained in y« absence 
of some of y* persons concerned, who had much to plead relating 
thereto; that in due tyme every person might have his due pro- 
portion in value & in specie; wch thing is now o' desire; Some 
part of y* estate being undervalued & Some not Inventoryed at 
all. Had I been personally presn* I should have been better 
able to have spoke to y* case but God (by his Providence) hath 
visited me w*^ a long sickness wch y« Doctor as well as my self 
and others do Judge was occasioned by my long attendance upon 

* Autograph. 



1682] RECORDS AND FILES 355 

my father Carre (at his earnest & continuall desires) in y* tyme 
of his Sickness, who would not SufiFer myself nor wife to be 
absent from him, wch daily & nightly attendance hath occa- 
sioned me to come under a Course of Phyick almost ever Since 
& hath (by y« advice of y^ Doctor) taken me off from my neces- 
sary Imployment in order to y* recoverj'^ of my health. 

" My Humble Petition therefore is y* Whereas God hath com- 
mitted y® ordering of this affair to yo' pious & prudent care as 
fathers to y* fatherless y* some effectuall care & course may be 
used y* wee may have o' due Just & equall right & proportion 
in y* estate; Having received as yet little or nothing of my father 
Carre upon y* acco* of a portion altho it was & is well known 
y* he had alwayes a peculiar affection to my wife & in an especial 
manner upon his death bed affectionately desired y* shee should 
not be wronged wch wee now think wee are in danger of by 
reason of y* endeavers of some to get y* estate into yeir own 
hands. My mother Carr having also manifested (as wee con- 
ceive) too much partiality to y« case viz. ag* y« daughters in 
striving to get y* estate (to y* great damage of y* daughters) 
settled upon y* sons. Be pleased also to consider y* I have not, 
neither ever had any design to abridge my mother Carr or any 
other of their just right, but only y* I might have that right wch 
by y* Law of God & man belongeth to my self wife & children." 

Petition of Elezabeth Carr,* widow of George Carr, 27 : 4 : 
1682, showing truly the condition of her family: '*the sons are 
Georg and William and James and John and Richard. John 
hath bin crazed or distempered in his head thes seven yers and 
is not capable to gouern himselfe, who my husband did desier 
should be committed to the care of his brother Jams. My 
daughters were four elizabeth was taken when she was but 
about 3 yers old by my brother and sister oliuer as ther owne 
and when John woodmance did marry her he sayd that he 
would not take her as our daughter but as my brother oliuers 
child and as my sister oliuer did tell me he the said woodmance 
had about five hundred pounds with her and about 16 yers sine 
she dyed and left but one child and ther is settled upon him as 
hayer to his mothers portion a lining that is worth 16 pounds 
per yer soe that I humbly conceiue ther of Right doth not be- 
long to John woodmance from my Husbands estate anything 
and Sarah the wife of Thomas baker lined with her uncle oliuer, 
from the age of eight yers untill she was married and of them 
Receued to the valew of twenty pounds or more, and my daugh- 
ter mary is the wife of Jams baile || hath recvd twenty three 
pounds one shilling || and Ann the youngest the wife of Thomas 
putnam hath Receued twenty pounds eigh and six penc. Rich- 
ard Carr, brother to my deceased husband, liueth in the house 
with us brought thither in my husbands life time and by his 

* Autograph. 



356 SALEM QUABTERLT COURT [June 

Andrew Tucker was bound for the maintenance of the child 
of Ann Gilbert to be paid weekly as the court should order. 
Philip Fowler was released from his bond. 

Katheren EUenwood, complaining of her husband Ralph 
EUenwood's insufficiency, was given her apparel and what estate 
she brought with her, and court declared the marriage an- 
nulled.* 



order, being ancient and cannot prouid for him selfe and it is 
most euident that my husband did often say that he would tak 
care for his brother and also did declare to seuerall that his 
brother Richard should haue ten or eleuen pounds per yer out of 
his estat soe long and his said brother should line, and we would 
Intreat youre honnours to determin for us how the estate shall 
doe it. it was my husbands declared mind that my son Jams 
Carr that had bin carfull of his fathers buisnes and duityfull to 
him and lined with us eleuen yers after he was com to age, 
should be settled on the Hand wher we lined and I now dwell 
and if your honnours think it fit I would Intreat that I might 
haue my part of the estat that is assigned to me to be ordered 
soe that conueniantly my son Jams may manadg it for me and 
that I may Hue with him my other sons hauing famelys of ther 
owne thos of them that are about me and capable to doe it for 
me, and if your honours think it meet to leaue sumthing of the 
estate to be at my dispose at my deceas among my children; for 
I did bring to my husband in that which was good estate to the 
valew of two hundred pounds." 

*Ka. EUenwood'st petition: that she was very young and 
would rather die than live with this man, etc. 

Willmutt (her mark) Mould, Mary (her mark) Cromwell and 
Ann (her mark) Cromwell testified. 

Mary Houghtonf deposed concerning what Ralph EUenwood 
told her in his house one night when she sat up later than usual. 
He said he thought there were witches not far off, etc. 

Ruth Haskins,t wife of Roger Haskins, testified that Katherin 
EUenwood, being a near neighbor, was to her knowledge a 
woman of civil carriage in word and action. 

DanU Weldt and Richard Knott,t chirurgeon, testified that 
they were ordered by court to report upon Ellinwood's con- 
dition, etc. 

Abigal Ston,t wife of John Ston, testified that Katharin Elen- 
wood lived near her one year, and Elizabeth Hoopperf testified 
to the same and that Katharin was a civil person, etc. 

David Perkinst and his wife EUzebeth Perkinsf testified that 
she lived near them one year, etc. 

t Autograph. 



1682] RECOBDS AND FILES 357 

Joseph Gatchell, for presuming to replevin a horse in John 
Putnam, jr.'s, hands, pretending to be and reading as if he were 
the marshal's deputy, then taking the horse away and delivering 
him to another who challenged the horse to be his, requiring said 
Putnam to appear before Mr. Gedney, refusing to give him a 
copy of the replevin, was convicted. The court, to bear testi- 
mony against such presumptuous evils which are next door to 
forgery, fined him 10s. in money and debarred him from giving 
evidence in court until set at liberty, and ordered that it shall 
not be lawful for any officer to make him his deputy to serve 
any attachment or replevin upon such penalty as shall be im- 
posed for contempt.* 

It being suggested to this court that several persons who were 
formerly allowed to be public sellers of drink, but since the last 
restriction by the law as to number in a place have not had their 

John Ricardst and his wife Elizabeth Richardsf testified to the 
good character of Katharine, etc. 

Mary Hortonf testified that Katherine lived in one room of 
the house in which deponent lived and that she was a civil woman. 

*John Putnam's bill of cost, 7s. 6d. 

Humphry Devorax, aged about twenty-four years, and 
Elizabeth Devorax, aged about eighteen years, testified that 
this horse of Thomas Nickleson was sold and delivered by John 
Brocke to said Nickleson who had had him in possession ever 
since until the said horse strayed away. It is the same horse 
that was taken up as a stray and kept some time the past winter 
by Jno. Putnam, jr. Sworn, Apr. 10, 1682, before Bartho. 
Gedney, t assistant. 

Samuel Cuttler, aged about twenty-one years, and Martha 
Wiless testified that they were at John Putnam's when Thomas 
Neckleson and Joseph Gatchell and the other man came to see 
the stray horse. When Gatchell replevined the horse, Putnam 
asked to see a copy of the replevin but Gatchell refused him 
twice. Sworn, Apr. 3, 1682, before B. Gedney, t assistant. 

John Putnam, aged about twenty-five years, and Martha 
Wiles testified that Gatchel read the replevin in which he said 
he was appointed the marshal's deputy, etc. Sworn, Apr. 3, 
1682, before B. Gedney,t assistant. 

Samuel Cuttler testified that the horse at Jno. Puttnam's was 
kept up to a hay mow almost constantly the past winter and had 
hay sufficient, and also oats or corn every day, especially the 
latter part of the winter. Sworn, Apr. 3, 1682, before Bartho. 
Gedney,t assistant. 

t Autograph. 



358 SALEM QUARTERLY COURT [June 

license renewed and yet keep up their signs which may occasion 
men innocently to resort to them, court ordered that the marshal 
or constable take means to pull down their signs and warn such 
persons as persist to appear at the next court. 

John Whitteer djing intestate, court granted administration 
upon the estate to John Knights and Mary, his wife, who pre- 
sented an inventory.* 

Court ordered them to pay out of the estate to Isaac and 
Abraham, brothers of deceased, 61i. between them at the age of 
twenty-one years. 

Nicholas Wallingford dying intestate, administration upon 
his estate was granted to Elizabeth, the widow, who presented 
an inventory.! There being one child Nicholas, court ordered 
that the whole estate be in the hands of the widow for bringing 
up the child, they to share the estate equally. 

♦Inventory of the estate of John Whitere, who departed this 
life Dec. 29, 1681, taken June 26, 1682 by John SiblyJ and 
Samuell Leach ij on tou year old heifer. Hi. 10s.; money in ye 
hands of John Elithorp, 2s. ; money in the hands of John West for 
cutting of fifteen cords of wood at Is. 9d. per cord. Hi. 2s. 6d.; 
on easy coat, 18s. and searg brichis and wescoat. Hi., Hi. 18s.; 
on hat, a pear of stokens and pear of glovs, 7s. ; a pear of horn 
spun brichis, 8s.; on Cutlas, a powder horn and belt, 8s.; on 
chest, 4s.; neckloths and handgartchees, 12s.; 30s. 5d. in the 
hands of Leuit. Thorndick; 51i. due from his fathers estate; 
total, 121i. 17s. lid. Estate debtor to John West for 6 weeks 
diat. Hi. 4s.; to Doct. Barton in mony. Hi. 15s.; to Thomas 
West in mony, 8s.; to Widow horten, 2s. 6d.; to John Swarten, 
5s.; to Aron Bennit, 2s. and to William Bennit, 2s. 6d., 4s. 6d.; 
to John West, for a gallon of brandy, 4s.; total, 41i. 3s. 

flnventory of the estate of Nicholas Wallingford, taken by 

Shu. WalkerJ and Ezekiel Clenton.rf wooden ware, ; 

chaires, wheels, 21i. ; utincils for husbandry. Hi. 10s. ; pro\'isions 
in ye house, Hi. 10s.; a paire of loomes and tackling to them, 
61i. ; 2 oxen, 2 cows, 1 horse and swine, 301i. ; house, Land and 
meadow, 1301i.; total, 1951i. Debts due to ye estate: Mistriss 
Wooster, 19s. 9d.; Robbt. Savery, 12s.; William huchins, 3s.; 
Joseph Palmer, 7s. 6d. ; total, 21i. 2s. Debts due from the estate: 

to Dockter Doell, ; to Mistris Whit, ; to Jeams 

Coffin, ; to Stephen Greinleife, sr., ; to Mathew 

Pettingall, 10s.; to John Hordy, 7s.; to Robbt. Severy, 3s.; 
widdow WoUingford, 12s. 3d.; to Joseph Baily, 10s. 8d.; to 
Caleb hopkinson, 17s.; total, 121i. 2s. 7d. 

t Autograph. 



1682] RECORDS AND FILES 359 

Mary, widow and administratrix of Nathan Parker, pre- 
sented an account of debts due from the estate brought in since 
the inventory was filed 26 : 4 : 1679, which were deducted from 
the estate before division.* 

In answer to a petition of An Neale, administratrix of the 
estate of John Neale, deceased, court accepts two-thirds of the 
land called Tuck^s lot together with the house thereon intended 
to be built, for security for the children's portions and releases 
the other third part for the widow's necessary use.f 

Richard Simons dying intestate, administration upon the 
estate was granted to Hanna, relict, who brought in an inventory 
of about 601i.J Court ordered to Richard, the son, 201i. at age, 
and the remainder to the widow for his bringing up. 

*An account of debts due from the estate of Nathan Parker, 
late of Newbery, deceased, which Mary, the administratrix, paid 
out: to John Guile, 71i.; Mr. Hugh March, sr., 21i. 10s.; Mr. 
Tristram Coffen, 51i. 10s.; Mrs. White, 61i.; John Webster, Hi. 
10s.; James Smith, 15s.; Joshua Mors, Hi. 10s.; William Worm, 
10s.; Robbert Long, 21i.; Benjamin Mors, 3s.; Hugh March, jr., 
6s.; Mr. Davisson, Hi.; Israeli Webster, 7s.; old Mr. Anthony 
Sumersby, 14s.; Moses Pilsberry, Hi. 19s.; Widdow Knight, 
lis.; Mr. William Noice, Hi. 8s.; John Bartlet, 13s.; Lost out of 
it by Providence a cow & 2 swine imediately after ye setlement 
of ye estate, 51i.; John Sawyer, 28.; Mrs. Woodbridge, lis. 9d.; 
Doctor Doell, 9s. ; Mr. Thomas Noice, 6s. ; debts paid formerly 
out of this, 131i.; debts since paid, 271i. 14s. . 

tPetition of Ann Neale,§ dated June 28, 1682. Mentions 
''the house I am now building.'' 

{Inventory of the estate of Richard Simonds, taken 9:4: 
1682, by Hilliard Veren§ and Willian^ Swetland:§ asmale pcell 
of ground with a new frame standing thereupon in 
Salem, 261i.; about one thousand of board, Hi. 10s.; a fether bed, 
bolster, pillowes, Rugg, blanketts, sheets, curtains & vallenc & 
bedsteed, 71i.; a hatt & 3 pr. gloves, 7s.; his wearing apparrell, 
51i. 10s. ; a smale pcell of yarne & 1 stocken, 6s. ; a smale pcell of 
Linnen yarne, 10s. ; 4 yds. of lin cloath, 2s. pr. yd., 8s. ; his wearing 
linin, 31i. 6s. 6d.; housold linen, Hi. 5s.; a brass Kettle, 20s.; 
Iron pot & kettle, 10s.; chamber pot, 4s., an old lamp, 6d., a 
scillett, 2s., 6s. 6d.; a warming pan, 10s.; a box Iron & heaters, 
30d., 12s. 6d.; a tramill & paile & old pistoU, 6s.; a trunk at 10s., 
a box, 2s., 3 chests, 8s., Hi. ; 3 silver spoons & dram cup. Hi. 10s.; 
cash, 25s., a goold ring & few buttens, 20s., 21i. 5s.; fire shovell, 
tongs & ax, 6s. 6d., andirons, 6s., 12s. 6d.; an old gun & old 

S Autograph. 



360 SALEM QUARTEBLY COURT [June 

Mr. Wm. Perkins of Topsfield dying intestate, administration 
upon the estate was granted to Elizabeth, the relict, and John 
Perkins, his son, the latter presenting an inventory.* By con- 
sent of all the children the estate was to remain in the widow's 
hands for her use until the court took further order. 

rapier, 16s., a smale pr. stilliards, 4s., Hi.; 3 chaires & little table 
& cradle, 12s. ; a brass scillett, 3s., earth, pewter & bottells, 30s., 
Hi. 13s.; a case of bottells, 4s., som old barrells & lumber, 30d., 
6s. 6d.; sea Instruments, 10s., bookes, 10s., trenchers & sum 
lumber. Hi. 5s. ; a remnant of linen cloath, 4s. ; som sea cloathes, 
15s.; some lumber. Is.; total, 601i. Is. 6d. Cr., by John Simons, 
81i. lis. 6d.; by Pasco Foot, 31i.; Tho. Lucy, a desperate debt, 
21i. 15s.; total, 141i. 6s. 6d. Estate Dr., to Samll. Shattock, sr., 
Hi. Is. lOd.; Tho. Ives, 19s.; Wm. Brown, Esq., 21i. 18s. 9d. 
Mr. Higgenson, 21i. 7s. 7 3-4d.; Mr. Thomas Gardner, about 
21i. 10s.; Doctor Wells, 21i. Is.; funeral charges. Hi. 10s.; Mr. 
Hust, 16s. ; total, 14li. 4s. 2 3-4d. 

*Petition of Tobiah Perkins,t John Perkins,t Timothy 
Perkins,t Oliver Purchisf and Mary Purchase, John Bradstreet" 
and Sarah Bradstreet, t John Bakerf and Katherine Baker," 
John (his mark) Ramsdel and Elezebeth (her mark) Ramsdel, 
Thos. Fisket and Rebek, his wife: '* Wee the relations & kindred 
of Mr. William Perkins of Topsfeild, deceased, doe heereby take 
the boldnes to signifie unto this Hono^** Court that whereas o' 
Hono*^** father aforesaid dyed Intestate & hath left noe will: 
wee that are his suruiuing children both by nature & marriage 
doe Joyntly & mutually conceiue that the estate that is left is 
too little to maintayne o^ Hono'** mother, whoe is a widdow & 
now under much weaknes, wherefore wee thought good to 
declare that wee haue noe expectation or looking for any part 
thereof but are well content that the Hono""** Court will please 
to settle the whole estate upon o' Hono'"* mother soe as to In joy 
it for her best comfort whiles she liueth & alsoe dispose of what 
may bee remayning at her decease according to her discretion 
w^** if this Hono*"^ Court please soe to doe it shall Oblidge us in 
all humility & thankfulnes.'* 

Inventory of the estate of Mr. William Perkins, taken June 
15, 1682 by John Gould, sr.,t and Thomas Perkins, sr.:t severall 
bookes prized by Mr. Samuell Philips & Mr. Edward Paison at 
21i. 10s. lid.; one other parcell of bookes prised by Mr. William 
Hubbord, 5s.; one other parcell of bookes prised by Mr. Joseph 
Capen, Hi. 5s. 5d.; 4 oxen, 181i., & three cowes, 91i., 271i.; 9 swine 
small A great, 41i. 10s., 1 horse, 31i., 71i. 10s.; 5 yonge cattell, 
91i. 4s., to 14 shepe & 6 lams, 151i. 10s.; putter, 31i. 10s.; Iron 

t Autograph. 



1682] RECOBDS AND FILEB 361 

The will* of Mrs. Abigaile White, the late wife of William 
Lord, deceased, was proved. 



potes & brase Citteles & panes and tramiels & andirons & spites 
& som other small Iron ware, 81i. 6s.; 5 Chares, 10s., 1 saddlle, 
6s., 16s.; cheespress, 4s., sheepe woole, 10s., 14s.; 1 old 
bed & beding, 40s., 1 Cart rope, 2s. 6d., 21i. 2s. 6d.; 1 fether bed 
& bedding & bedsteed & curtaines & 1 bolster, 41i.; sheets & 
bord cloth & napkines & waring cloth & one parcell of flax, 71i. 
3s.; 1 haye hooke. Is. 6d., 1 chest, 3s., 4s. 6d.; earthen ware, 3s., 
1 silver cupe, 6s., 9s.; 1 fether bed & beding & bedsteed & Cur- 
tains & all belonging to it, lOli.; 2 chest & 1 tronke. Hi., & 1 
Carpet, 10s., Hi. 10s.; 16 yards of home spune cloth, 21i. 8s.; 
1 tabell & 2 formes. Hi. 10s., & 1 old case. Is., Hi. lis.; 1 Chare, 
3s. & 1 Cubbord, 3s. & yaren. Hi. 3s., Hi. 9s.; Cart wheeles. Hi. 
10s., & 3 Chanes, 16s., 21i. 5s.; plowes, 8s., warming pan, 10s., 
18s.; spining wheeles, 6s. & 5 bariell, lis., 17s.; pailes & other 
small thinges, 6s.; 1 tabell & formes, 8s., 1 Jont stoole and one 
meeale trafe, 3s. 6d., lis. 6d.; total, 1031i. Is. lOd. Also the 
General Court graunted to Mr. William Perkins one hundred 
acres of Country land. Estate debtor, 351i. 8s. 8d. 

♦Will of Abigail (her mark) White,t wife of Mr. Resolved 
White of Salem, dated Apr. 26, 1682: "Whereas in the last will 
and Testament of my former husband William Lord, there was 
liberty & power giuen & granted unto me the said Abigal, 
then his wife, that whatsoeuer Estate of his w^as left at my 
decease should be giuen & disposed of to the children of his 
kinsman William Lord of the same towne, according as I should 
thinke fitt. I therefore the said Abigal being now ancient & 
weake with age, but of good understanding & memory in order 
thereunto, & to discharge my duty in fullfilling the will of my 
said husband, doe dispose of the said estate, to y® aforesaid 
children as followeth 

** Imprimis, whereas three of the children being married, haue 
already receaued their portions, that is, Abigail, William, & 
Elizabeth, therefore what remaines of the said estate, at my 
decease, which I know not how soon it may be, I diuide among 
the rest of the Children, as followeth, viz: I bequeath to Mar- 
garett, one halfe of the dwelling house where her brother in law 
William Godsoe now lines, by the rivers side, below my dwelling 
house in Salem, namely the East end of y* said house, with 
this ground adioyning thereto 

'* Item, I apoint unto Joseph Lord that dwelling house of mine 
where Thorne now Hues, scituate neere the meeting house in 
Salem, betweene the houses of Edward Winter on the north & 
Samuel Gray on the South & adioyning to y« said houses, to- 

tSeal. 



362 SALEM QUARTERLY COURT [June 

Joseph Allen dying intestate, Bethiah, the relict, was ap- 
pointed administratrix, who presented an inventory,* and the 
estate was ordered to be for her use in bringing up the 
children. 

John Marston and Mannasseth Marston brought in a writing 

gether with y® ground behind the said houses, & all profitts, 
priueledges & apurtenances thereto belonging 

**Item, I apoint to Jeremy Lord, one Acre of fresh meadow, 
or bastard marsh, lying in the South field of the said towne, 
neere unto y® fence, hauing the land sometyme belonging to y* 
widdow Spooner, on the one side thereof, & some land of Capt. 
John Cor\\dn, on the other side, & some land of Will™ Lord on 
y® west. 

*'Item, what is left undisposed of shallbe deuided betweene 
the other two girls Jane & Dinah Equally but the household 
goods that is left betweene Joseph Jeremy Jane & Dinah equally 
& all this to be done diuided & disposed of after my decease but 
not before. 

"Item. I apoint or desire M' Joseph Grafton senior, & M' 
John Tawly, to be ouerseers of this my last will & testament, 
allowing them ten shillings apiece to be paid out of the houshold 
goods, or by the Children, among whom the said houshold 
goods shallbe diuided." Wit: Edw. Norricej and Elessabeth 
Tawly.t 

Abigail (her mark) White '*upon further & serious con- 
sideration doe will & bequeath to Resolued White my now 
husband my wainscott bedsteed & the bed & beding & all 
app'tenances y* doe belong thereto & 2 pr of my best p' sheets 
(being the best bed on which wee ly) alsoe my cheast standing 
in the roome where wee ly: & alsoe soe much more of the hous- 
old stuff at his choyce as to make up the before mentioned 
pticulers twenty pounds:" Mr. Joseph Grafton, executor. 
Wit: John Higginson, sr.,t Hilliard Verenf and Elessabeth 
Tawly.t Hilliard Veren made oath in court before B. Gedney,t 
assistant. 

*Inventory of the estate of Joseph Allen, taken June 21, 
1682, by Edm. Batterf and Will. Swetland:t 1 psell of Nailes, 
Hi. 6s. ; 1 woolen Coate, shirt & drawers, 21i. 2s. ; 1 Coate breechs 
stockings & Jacket, Hi. 2s.; a small peec of land 32 Rods, 81i.; 
a Lame Rame, Hi. 10s.; brasse & Iron pots and kitles, 21i.; 2 
Table & Case of Drawers, Cradle, 2 old chests, old Trunke & 
Chairs, 21i. ; bedsteed, bed & furniture, 61i. 10s. ; 4 p sheets & 1 
p shoos, Hi. 19s.; 1 p belows, friinge pan, tongs, 12s.; books, 8s.; 
severall things, 12s.; Lumber, 8s.; total, 271i. 9s. 

t Autograph. 



1682] RECORDS AND FILES 363 

as the will* of their father John Marston, deceased, which was 
not proved. They renounced their executorship and court 
appointed John Marston, the son, administrator, who was to 
bring in an inventory to the next Salem court. 

William Woodley dying intestate, Elizabeth, the relict, was 
appointed administratrix, with Richard Russell, her brother, 
the latter presenting an inventoryf of the estate amounting to 
about 601i. clear. Court ordered the whole estate to the widow 
for the bringing up of the child Miriam, said child to have 151i. 
at age or marriage. The house and land mentioned in the in- 
ventory were to be bound for the child's portion. 

♦Will of John Marston, sr.,t dated Dec. 18, 1681 : ''I John 
Merstone senior being sicke & weake in body am willing to sett 
my house in order & as for my outward substance I am willing 
& do hearby giue vnto my wife all my w^hole estate for hir life 
time exsept my sonne John Merstone 2s. & the rest of my Chil- 
dren twelpence a peece I do allso make my sones John Mers- 
tone & Manaseth Merstone my Joynt Exsecitars for all my 
house & land unsold & for my sonne Beniemen I Doe giue him 
j&ue pounds att my wiues desease if there be so much left And 
as for my sone Epheram I do giue him the fether bead that he 
borrowed of me so long & to pay to the exseciters twelue pounds 
ten shilling which Thay must pay for me which is epherams debt 
to Richard pudisker of Bostone & for the moveabls to be giuen 
to my two daughters Sarah & Abigal As my wife see con- 
uenient.". Wit: William King} and Samuell Robinson. J 

flnventory of the estate of William Woodley, deceased, taken 
June 12, 1682, by Moses MaverickeJ and Archbald Ferguson :{ 
his house and land, 501i.; his wearing apparrell, woollen & 
Linnen, 21i. 14s.; featherbed, bolster & pillows, 41i.; two Blan- 
ketts & 2 ruggs, 21i. 4s.; a Bedstead & curtains, Hi. 6s.; Two 
pr. & 1 single sheet, Hi.; one sea bed & bedstead. Hi. 5s.; parcell 
of flaxe & yarne. Hi.; one Linnen wheel, 4s.; one cradle & old 
caske, 10s.; one baskett, 18d., 1 old boxe, 3s., 2 chests, 12s., 
1 table, 2s., 4 chairs, 3s., Hi. Is. 6d.; a muskett & sword, 20s., 
1 w^arming pan, 8s., Hi. 8s.; Pewter dishes & porringers, 24s., 
Latten ware, 4s., Hi. 8s.; 1 Brass kettle, 25s., 1 skillett, 2s., 
Hi. 7s.; tow iron potts & 1 small kettle, 18s., fire pan & tongs, 
4s. 6d., trammel, 4s., Hi. 6s. 6d.; One spade, axe & how, 9s., 
1 pr. bellowes, 18d., Lampe, 12d., lis. 6d.; Earthen ware, 6s., 
1 looking glass, 7s., 13s.;' wooden ware, 6s., 11 Lines, 22s., 4 
fishing leads, 48., Hi. 12s.; woollen yarne, 3s.; frying pan & other 
utensils, 5s., his pt. nett & swing rope, 88., 13s.; pt. hooks & 

t Autograph. 



364 SALEM QUARTERLY COURT [June 

George Booth dying intestate, administration upon the estate 
was granted to Alice, the relict, who brought in an inventory.* 
The estate being in debt nearly as much as the inventory 
amounted to, court ordered that it remain in her hands for the 
payment of said debts and the bringing up of the children. 

Henry Collins of Lin presented an account of the charges and 
disbursements about repairing the bridge at Lynn.f 

Lines, 3s. 7d., pt. of Barrell mackrill, 4s., hatchett & 

gaffe, 18d., 8s. Id.; to his pt. of fish merchantable & 2 qtls. 
refuse, 201i. 8s.; total, 951i. 2s. 7d. Dr. to severall men, 271i. 
14s. 2d. ; to Dr. Weld, 41i. 6s. 6d. 

Henry Russell, aged forty years, and Jane Barnes, aged 
eighteen years, deposed that being with William Wooley on 
May 28 last in the evening in his last sickness, which was the 
night before he died, Wooley was conscious and said he desired 
said Russell to see that his debts were paid and that his wife had 
all his estate. 

*Inventory of the estate of George Booth, taken June 26, 
1682, by Edm. Batter J and John HathorneiJ Beding, 5Ii.; 
pewter, 20s., 1 Iron pott, 12s., 1 bras kettle. Hi. 18s.; 1 old 
small brass pott & 2 pr. pott hooks, 5s. ; 2 tramells, 1 pr. tongs, 
1 fire shovell, Ss.; 1 hanging Cupboard & 1 Chest, 15s.; 1 salt 
box, 1 old grator & baskett, Is.; 1 flesh hook, 1 Joyne stoole, 
old, 2s. ; 1 pine Chest, 1 great Chaire, 8s. ; 1 small chest drawers. 
Hi.; 1 wicker Baskett, 4 old chaires & 1 Cabinett, 8s.; 3 Cans, 
1 box Iron & 2 heaters, 6s.; 1 table, 1 Cradle, 10s.; 1 old Tuck 
& a Rapier, 6s.; a parcell of Tooles, 21i. 10s.; pr. wooden scales, 
2s.; bed cordes, new, 58.; 1 old Bridle, very old. Is.; Clothes for 
his owne wareing, 21i.; timber, 5s., 1 bench, 5s., 10s.; total, 
161i. 12s. Debts due from the estate: to Capt. Jno. Corwine, 
41i. 14s. 5d.; Edm. Batter, 21i. 15s. 8d.; Mr. Ed. Norrice, 21i.; 
total, 91i. 10s. Id. 

tDue to Henry Collins for 22 dayes work, Thomas Brown, 
sr., for 17 days, Thomas Brewer, 10, Edward Baker, 18, Benja- 
min Collins, 1, John Moore, 6, Samuel Moore, 7, Joseph 
Hitchins, 2, William Basset, sr., 3, William Basset, jr., 1, Daniel 
Gott, 1, John Newhall, jr., 14, Richard Hood, 1, Ephraim Sils- 
bey, 1, Samll. Stocker, 3, Thom. Lewis, 1, Joseph Mansfeild, 1, 
Nath. IngoUs, 2, John IngoUs, 2, John Diven, 2, John Sibborns, 
3, John Newhal, tertius, 3, Robt. Burgis, 4, Aquil, Ramsdel, 3, 
John Burrill, jr., 1.; total, 119 dayes work; to the seven men, 
each a day in work & oversight at ye bridge. 

Work done by hands and teams employed by Hen. Collins 
at the County bridge in Lyn : By John Moor, 2 dayes with 

t Autograph. 



1682] records and files 365 

Court held at Salem, Aug. 2, 1682, by adjournment. 

The Hond. Major Genrll. Denison paid Mr. King lOs., for a 
fine received from John Kemball. 

John Yell and Benedict Pulcifer, bound to answer for steal- 
ing money and other things and running away, were sentenced 
to be w^hipped or pay a fine and were to pay treble damages, 
the whole amount, 121i. 10s. 2d., to be paid to Nathaniel Tred- 
well, who was to pay the others. Yell, not paying his fine, was 
whipped.* 

6 oxen and 2 hands, Hi. 2s.; John Moor, 1 day with 4 oxen and 
1 hand, 6s. 6d; Qu'm' Bassetts boat hired 2 dayes, 12s.; Sergt. 
Newhall in falling and hewing two peices of timber to lay from 
Arch to Arch over the water course. And one dayes work with 
his own hand, Hi. 2s. 6d.; Eben Stocker, for six oxen 4 dayes 
and 2 hands 4 dayes, 21i. 4s. ; Eben Stocker, for 6 oxen 2 dayes 
and 1 hand 2 dayes, 17s.; Eben Stocker, for 4 oxen 2 dayes and 
1 hand 2 dayes, 13s.; Eben Stocker, for 18 trees out of his own 
Land, 6s. ; Capt. Marshall, 4 oxen, 2 dayes and 1 hand 2 dayes, 
13s.; Capt. Marshall, 6 oxen 2 dayes and 1 hand 3 dayes, 19s.; 
expended at Capt. Marshalls upon workmen about ye bridge. 
Hi.; Richard George, 4 oxen 1 day and 2 hands 1 day, 9s.; 
Will. Miriam, 4 oxen 1 day and 1 hand 1 day, 6s. 6d.; John 
Edmonds, 4 oxen 1 day and 1 hand 1 day, 6s. 6d.; Thomas 
Brown, sr., 8 oxen 1 day and 3 hands 1 day, 15s. 6d.; Isac 
Ramsdell, 2 oxen 1 day and 1 hand 1 day, 4s. 6d.; Aquilla 
Ramsdell, 2 oxen 1 day and 1 hand 1 day, 4s. 6d. 

The foregoing account, dated Lyn, June 29, 1682, was given 
in by Henry Collins,t who estimated that in order to make the 
bridge perfect and complete it would take 151i. more in work, 
teams and hands. 

*Examination of John Yell and Benedict Pulcifer, jr., on July 
13, 1682, before Daniel Denison if "the begining of last week 
they agreed to run away with James Dunaway & that they did 
run away with him, & tooke a boat from Thomas Clerk & a 
sayle and oare from Robert Cross, the s** yel tooke from his 
m' Smith a coate & sheete besides his owne cloaths, Pulcifer 
took from his fathers house onely his owne cloaths, they left 
their boate A sayle at Yorke & went by land to black point, 
where they were taken by Andrew Birdsley & brought back to 
the great Island in Pascataquay, & upon the s^ Island James 
Dunaway made an escape but the 2 examinates came with Sam 
Tayler to Ipswich, further say that James Dunaway told them 
as they went out that he had money & at sea sayed he broke a 

t Autograph. 



366 SALEM QUABTERLT COURT [Aug. 

little box at his M" house & tooke out the money, and they 
knew but of therty shillinges." John Yell and Benedict Pulcifer 
were bound to appear at Salem court in August, with Philip 
Fowler and James Chute as sureties. 

Benedict Pulsifer, jr., aged about nineteen years, deposed that 
the same day that James Donyhor, John YouU and he ran away, 
the two former made themselves merry and said that Nathaniell 
Tredwell would pine at the loss of his money that they took. 
He saw YouU have part of the money and heard him say that 
they took 30s. Sworn, June 29, 1682, before Daniel Denison.* 

Charges which Nathaniel Treadwell hath been out by reason 
of the three runaways, John Yell, Benedictus Pulsephar and 
James Donehor: For my going to ye Major General Denison 
to get a hue and cry, his writing it and my time, 2s. ; For hireing 
a man to go with hue and cry to Salsbery, (who had a horse) 
mans and horses ferryage, 6s.; for my going to ye major againe 
for another hue and cry to send to ye Province of Maine, Is.; 
for a man and horse earring the said hue and cry as far as black 
Poynt where the men were taken, before which were these 
charges following. First day ye said man rod as farr as Ports- 
mouth in which Journey, for his Dinner and half a peck of oats 
at Newbery for necessary Refreshment, Is. 3d.; Carr's ferry 
going over, Is. ; at hamton a quart of beer, two quarts of oats, 
6d.; at Greenland, 2 quarts of oats, 3d.; at Portsmouth, for 
supper, lodging, horse provender, Is. 8d. ; second dayes Journey 
to wells, for ferries 3: going over, for victuals and provender 
for himself and horse, 5s.; The third day from Wells to Black 
poynt where he heard was ye Runawayes when at Wells, so got 
ye wells Constable to go to Black poynt to take them; and so 
did take them and Brought them homward as farr as Saco 
which dayes charges for Constable, and victuals, and two ferries 
passing forward and backward with ye said 3: Runawayes To 
be Brought as far as Sauco, 18s. 6d.; The fourth day in Re- 
turning homewards from Sauco to York with y« sayd 3: Run- 
awayes, the charges that day for victuals for y* Runawayes and 
other things, 5s. 6d.; The fift dayes Journey homward from 
York to Hamton The charges that day for said man : 3 Run- 
awayes their passing over ferries 3 : and victuals what was 
nescesarie, lis.; The sixt dayes Journy from Hamton to Ipswich 
for Nescesary charges for 2: Runewayes (for one Brak loose at 
the Great Hand viz. in Pourtsmouth), 2s. 6d.; The Hired man 
and horse aboue said six dayes time in carrying said hue and 
cry doing as aboue said to get the sayd Runawayes, lli. is.; 
total, 31i. 17s. 2d. 

Nathaniel Treadwell* charged John Yeal, Benedictus Pulse- 
phar and James Donehor with stealing from his house 37s. in 

 Autograph. 



1682] BECOBDS AND FILES 367 

Widow Mary Hamond, for frequently absenting herself from 
the public ordinances, was admonished. 

Widow Mary Hamond, for speaking reproachful words 
against the worship of God in saying that going to hear the 
minister preach is the way to hell, was admonished and ordered 
to pay witness fees to Thomas Day.* 

Nathaniell Somes, for absenting himself from the ordinances 
of God in public, was admonished.f 

Thomas Parker, presented for fornication before marriage, 

silver which they took from a box, also a broadax which he 
considered worth 7s. Owned in court. 

Andrew Burly, aged about twenty-five years, testified that 
when he was at Black Poynt and took the runaways, he asked 
John Yeal what they did with the money and he said he had 
two shillings of it which he then gave to deponent. Owned in 
court. 

Account allowed, July 10, 1682, by Samll. Wheelwright,! 
Justice of the Peace: at Wells )^ pt. Rum, 1 qt. of beer, 6d.; 
2 horses & 1 mare & pasteradge for these horses, 2 meels for 5 
men, 1 man goeing to Blackpoynt which is 40 miles, and this 
man was a Constable in the business. Hi. 15s.; total. Hi. 15s. 6d. 

♦Gloucester presentment. 

Thomas Day, aged about thirty years, deposed on Aug. 3, 
1682, that "I being Chosen to the ofise of tithing man being 
informed the widoe hamans did hinder her dafter now she was 
Com hom to liue with her: she did hinder her from goeing to 
meting upon which I tock a ocation to goe to her house and I 
asked her the resen why she did hinder her dafter Mary from 
Coming to meting to which she said that when shee Came hom 
I tould her that she might goe to meting if shee wold but she 
should not haue my consent to which I replyed you then wer 
as good say that shee should not goe: why Thomas said she 
you haue Childeren would you be willing to let them goe to hell 
if you could help it to which I said noe I wold doe what I cold 
to hinder them and then said I why is goeing to meting the way 
to hell yea said shee to goe to here your parson or prest or what 
you will Call him is the way to hell then said I it is not the way 
to hell to goe to John Pearces to her him and som tims he ses 
nothing noe said she." Sworn in court. 

tAlso Abigail Somes. Summons, dated July 5, 1682, signed 
by Hilliard Veren,t cleric, and served by Anthony Benett,t 
constable of Gloster, by attachment of Nathaniel Somes' 
house. 

t Autograph. 



1 



368 SALEM QUARTERLY COURT [Aug. 

was fined. His wife, also presented but not appearing, was 
ordered to appear at the next Salem court.* 

Mary Scamp, presented for fornication, w^as ordered to be 
whipped or pay a fine.f 

Edmond Bridges, sr., of Salem dying intestate and court being 
informed that the estate is insolvent, administration was 
granted to Frances Nurse and John How, who were ordered to 
bring in an inventory to the next Salem court. They were 
further ordered to post up a notice to all creditors to bring in 
their accounts that a settlement might be made as far as the 
estate would allow. 

Those persons who did not appear at this court when sum- 
moned were ordered to appear at the next Salem court. 

Ruth Williams, for fornication with one Peter Goyte, was 
sentenced to be whipped or pay a fine. 

William Seargent and Naomy his wife were presented for 
fornication before marriage, and their father William Seargeant 
appeared in their stead, the son having gone out of the country. 
He agreed to pay the fine of Tli.J 

Allester Greime, presented for drinking to excess on a Lord^s 
day, was sentenced to be whipped or pay a fine. He submitted 
to the whipping. § 

Jonathan Ager, for contempt of authority or for not obeying 
the magistrates on a Lord^s day in taking away William King, 
was admonished. 

Parnell BartoU, relict and administratrix of the estate of 
John BartoU, deceased, returned that there was an estate of 
only about 61i. lis. 7d., which the court ordered to the widow 

*Salem presentment. 

fGloster presentment. Wit: James Sare, John Row, John 
Bray and Thomas Day. 

JGloster presentment. Wit: James Sare, John Row, John 
Bray and Thomas Day. Constable returned that William 
Sargent "is gone out of the Country." 

§Hester Johnson and Mary Maber testified that they saw 
him in October last on a Sabbath day afternoon much gone in 
drink. Sworn in court. 

Summons, dated July 10, 1682, signed by Hilliard Veren,|| 
cleric, and served by Constable Horne|| of Salem, who returned 
that he could not find him. 

II Autograph 



1682] RECORDS AND FILES 369 

for her own use that she might have some relief in her old age. 

Edward Grover dying intestate, court appointed Nehemiah 
Grover, his son, administrator, who presented an inventory.* 

Edmond Bridges, jr., dying intestate, and Elizabeth, the 
relict and administratrix of the estate presenting an inventory! 
of about 591i. clear estate, the court ordered to Edmond, their 
child, 291i. 10s. at age, the remainder to be in the widow's hands. 

♦Inventory of the estate of Edmand Grover, taken Aug. 2, 
1682, by William Raymentt and Exercise ConantiJ f ether bed 
& bolster, 21i. 10s.; table & 2 chests, 18s.; an iron kittle, 6s.; 
total, 31i. 14s. Debts due'from the estate, 41i. 10s. 

tinventory of the estate of Edmond Bridges, jr., who de- 
ceased June 24, 1682, taken July 31, 1682, by Jeremiah Neale^ 
and Tho. Mould :% a peice of land given him upon marriage with 
Elizabeth, daughter of Richard Croade, being one-half part of 
that land which his father Edmond Bridges bought of Mr. 
Philip Cromwell in Salem lyeing between ye land of Richard 
Flinder and John Beckett & also ye one-half of ye wharf e there 
and privileges as per deed of g&t under his father Edmond 
Bridges hand dated Apr. 2, 1681, 251i.; his wearing apparrell, 
41i. ; a cupboard, 31i. ; a Table, Hi. ; 8 chaires, 12s. ; a small Table, 
2s.; a bedsteed and Curtaine rods, 10s.; 1 Bolster, 5s.; 2 Ruggs, 
Hi.; 1 chest, 8s. 8d.; 1 Trimke, 8s. 8d.; 1 fire pan and Tongs, 
5s. 8d.; 1 paire of Andirons, 12d.; 1 pr. Bellowes, 14d.; 1 Brass 
skillett, 6s. 8d.; 2 Iron potts & pott hookes & hake, 18s.; 1 
chafFen dish & a small skimmer & a small grid Iron, 3s. ; a paire 
of Curtains & vallens, 21i. 10s. ; 3 paire of sheetes, 31i. ; 1 sheete, 
15s.; a pr. of pillowbeers, 5s.; 2 small Table clothes, 5s.; 1 
diaper Table cloth, 10s.; 3 diaper napkins, 3s.; 1 pr. sheets & 

2 pr. pillowbeers, lli. 4s.; 1 Table cloth and 6 napkins, 7s.; 1 
small Towell, 6d. ; p pewter ware, 21i. 5s. 6d. ; 1 candlesticke & 
a small skillet. Is.; earthen ware, 6s.; 1 smoothing Iron & 
heaters, 3s.; Tinn ware, 5s.; 1 warming pan, 10s.; 1 Looking 
glass, 12s.; 1 pillion & pillion cloth, 12s.; 1 gun, 18s.; a 
young cow about 3 yeares of age, 21i.; 1 swine, 10s.; 1 grey 
young mare, lli. 5s.; 1 old mare & colt in ye woods, lli.; 1 
Cutt Lase, 5s.; 3 cushens at 18d. ps., 1 cradle, 5s. 8d., 9s. 6d.; 

3 pillowes, 10s.; 1 feather bed & bolster & Blankett, 31i. 10s.; 
2 small Trunks, 3s. 6d.; 1 shoulder Belt with Bandeleers, Is. 6d.; 
1 spinning wheele, 2s.; 1 carpett, 10s.; 1 Basket, lOd.; total, 
621i. lis. 6d. As a debt due to ye estate for a howse &c. wch by 
engagement before marriage his father Edmond Bridges was 
to Build for him on ye Land before mentioned given him as p 
ye said writing bearing date ye 2 Aprill 82 apeares for wch ye 

{ Autograph. 
24 



370 8ALEM QUABTEBLT COUBT [Aug. 

Widow Hanna Ward brought in an inventory* of goods left 
at her house by Richard Norman, who had expressed himself 
as desirous of giving them to his cousin Hanah Balden if he 
should die, and he having died this last voyage at sea, Hanna 
Ward and Mary Pease testified concerning his disposal of his 
estate in this manner. 

Administration upon the estate of Edmond Bridges, jr., was 
granted on July 14, 1682, by the Worshipful William Browne 
and Bartholomew Gedney, to Elizabeth, his relict, who was 
ordered to present an inventory to the next Salem court. 

Administration upon the estate of Mr. Joseph Grafton, de- 
ceased, was granted July 21, 1682, by the Worshipful William 
Browne and Bartholomew Gedney, to Mr. John Gardner, sr., 
and Mr. John Grafton, sr., who were bound with Mr. Samuell 
Gardner, jr., as surety, to bring in an inventory to the next 
Salem court. 

Administration upon the estate of Richard Hutchenson was 
granted on Aug. 25, 1682, by the Worshipful William Browne 
and Bartholomew Gedney, to Sara, the relict, and Nathaniell 
Putnam, who were ordered to bring in an inventory to the next 
Salem court. 

Administration upon the estate of Mr. Thomas Gardner, was 
granted on Oct. 25, 1682, by the Worshipful William Browne 
and Bartholmew Gedney, to Elizabeth, the widow, and his son 
Mr. Thomas Gardner, who were ordered to bring in an inven- 
tory to the next Salem court. 

valine is left to ye honored Court to determine; debts to be 
paid from the estat, 31i. 10s. 

♦Inventory of the estate of Richard Norman, left in the pos- 
session of Hannah Ward : one great Chest, one small Box, one 
small Table, two Chaires, one paire of Corse hoUand sheates, 
one paire of pillow beares of ye same, thre towels & one ould 
Course sheate, a suite of streped Courtaines & Vallients, one 
puter platter & bason, one fire shovell and Tongs. 

Hannah Ward, aged about thirty-four years, and Mary Pees, 
aged about thirty-five years, deposed as to what Norman said 
before he went on the last voyage. His brother had demanded 
the goods when he was on a previous voyage, etc. Sworn in court. 

List of presentments signed by Nathanell Putnam, f for the 
rest of the grand jury: 

t Autograph. 



1682] BECOBDS AND FILES 371 

Ruth Duncan of Gloster, for fornication. Wit: James Sare 
John How, John Bray and Thomas Day. 

John Day of Gloster and Abigail his wife, for fornication 
before marriage. Wit: William Griggs, Thomas Day and 
Anthony Day. 

The towns of Rowley and TopsfiUd, for a defective bridge 
upon the public roadway from Andever to Salem over the river 
commonly called Ipswich river. Wit: John Osgood, John 
Stevens, John NickoUs and Phillip Knight. 

The town of Rowley, for a defective highway between Salem 
and Andever on the north side of Ipswich river over a brook 
called Stonne brook, also the causeway defective by Ipswich 
river. Wit: John Osgood, Lt. John Stevens. 

Hillen Chargd of Salem and Hanna his wife, for fornication 
before marriage. Wit: Salem grand jury. 

Ralph Eares of Salem, for living from his wife several years 
contrary to law. Wit : Christopher Babbidge and John Loomes. 

Ebbeneser Gardner of Salem and Sarah his wife, for fornica- 
tion before marriage. 

Benjamin Jones,* administrator, acquainted the court, June 
27, 1682, of a debt due from the widow Mary Joanes, deceased, 
of Hi. 16s. Id. He laid out upon his mother Mary Jones a diet 
and attendance before her death and in a coffin and charge for 
her burial, 41i. 9s. 7d. ; for two days' work going to Ipswich to 
carry in the inventory, 4s.; for a cow due to Thomas Howard 
from his mother, 31i. 10s.; total, 91i. 18s. 8d. 

Bangemen Jones'* petition to the Salem court: that his fine 
be remitted for abusing his apprentice, as he had never offered 
the least wrong to the boy; that he had the boy almost two 
years, maintaining him, and received no benefit. He asked for 
an allowance for maintenance. ''I pray Conceder my pouerty 
I am uary low in the world and know not How to pay the twanty 
shilins." 

Peter Duncan's* petition to the Salem court, dated Glouces- 
ter, Aug. 1, 1682, concerning his daughter Ruth's not appearing 
upon her presentment, and her physical condition, which was 
so serious that many thought she would never be well again. 
Mr. Gregges explained her complaints and told him if she could 
have all Salem she could not endure the journey. Mr. Rogers 
also told him that she had trouble that could not be cured. 
Petitioner's wife told him of other symptoms. 

William Greg* certified at Gloucester, July 31, 1682, that Mr. 
Duncan's daughter Ruth was not able to go to Salem, etc. 

Warrant, dated May 30, 1681, for the appearance of one 
James Burne, ''who liveth at the farmes," for profaning the 
Sabbath and drinking, also summons to Nathaniell Putnam, 

* Autograph. 



372 IP8WICH QUARTERLY COURT [Sept. 

Court held at Ipswich, Sept. 26, 1682 

Judges: Capt. Nath. Saltonstall, Esq., Bartholomew Gedney, 
Esq., Major Samuell Appleton, Esq. and Major Robert Pyke, 
Esq. 

sr., and Joshua Ray, sr., and to Peeter Twist and Priscilla 
Vinton for fornication, signed by Hiiliard Veren,* cleric, and 
served by Thos. Haynes,* constable of Salem farms, who re- 
turned that ''those persons which you have heer mentioned are 
not within the town of Salem only the witneses." 

Venire, dated May 23, 1682, for Wenham, signed by Hiiliard 
Veren,* cleric, and served by Henery Haget,* constable of 
Wenham, who returned the name of John Edwards for the jury 
of trials. 

Venire, dated May 23, 1682, for Gloster, signed by Hiiliard 
Veren,* cleric, and served by Thomas Riggs,* constable of 
Gloster, who returned the names of William Grigs for the grand 
jury and John Fitch for the jury of trials; also he did not sum- 
mon Abigail Somes, for she was not in their town. 

Venire, dated May 23, 1682, for Lynn, signed by Hiiliard 
Veren,* cleric, and served by John Moare,* constable of Lynn, 
who returned the names of Ensign John Fuller, Cornet John 
Leues, Corp. John Newhall and DaneuU Neiiham for the jury 
of trials. 

Summons, dated Aug. 1, 1682, for the appearance of Sarah, 
wife of Mr. Ebenezer Gardner, for fornication before marriage, 
signed by Hiiliard Veren,* cleric, and served by Jonathan Ager,* 
constable of Salem, who returned that he had been to Mistress 
Hannah Swinerton's and inquired for Mistress Sarah Gardner 
and of her welfare, and Mistress Swinerton told him that her 
sister was very sick and had been since the child was born. 

Summons, dated July 10, 1682, to Hellen Chard and wife 
Hanna, Ralf Ayres and Thomas Packer and his now wife, signed 
by Hiiliard Veren,* cleric, and served by Constable Home* 
of Salem. 

Venire, dated May 23, 1682, for Salem, also summons to 
James Burne, "who liueth among Salem farmes," to Peeter 
Twist and Priscilla Vinton, *'it is said they liue about the 
farmes," and to AUester Greime, signed by Hiiliard Veren,* 
cleric, and served by Jeremiah Rogers,* constable of Salem, who 
returned that neither the constable at the farms nor he could 
find them. John Hathorne* returned the names of Mr. Timothy 
Lindall, Mr. Rob. Kitching, Mr. Edw. Flint, Mr. Thomas Flint, 
carpenter, Mr. Richard Pritharch, Mr. Benja. Pickman and Mr. 
Thomas Beadle for the jury of trials. 

* Autograph. 



1682] RECORDS AND FILES 373 

Grand jury: Daniel Hovey, sr., Wm. Story, sr., John Denison, 
Edward Bragg, Mr. Thomas Noyes, Samuell Poore, John 
Harris, Wm. Foster, Tho. Dorman, Daniell Poore, Thomas 
Eaton, Richard Hubbard, John Weed and Richard Hall. 

Jury of trials : Mr. Daniell Epps, Nicholas Walles, John New- 
marsh, sr., John Starkwether, Joseph Browne, Sergt. Tristram 
Coffin, Joseph Pike, Thomas Wood, John Grant, Wm. Smith, 
Joseph True and John Hartshorne. 

Thomas Piney and Joane, his wife, late wife to Richard 
Brabroke v. John Burnam, son of Ens. Tho. Burnam. Writ 
of dowry. Withdrawn.* 

Phillip Fowler, attorney for Steephen Grose v. John Lee. 
Forfeiture of an obligation of arbitration. Verdict for plaintiff. 
Defendant appealed but later let it fall and asked to have the 
bond chancered, to which the plaintiff agreed. Court chancered 
the bond to 61i. 15s. 

John Parle v. Samuell Morgan. For withholding 81i. With- 
drawn. 

John Harris v. Roger Marks. Debt. Nonsuited. 

William Ossgood v. Mary Challis, administratrix of the estate 
of Philip Challis, Susan Whitrige, administratrix of the estate 
of Anthony Colbye, Elizabeth Worster, administratrix of the 
estate of Samuell Worster, and Wm. Barnes. Verdict for 
plaintiff. Ossgood having paid the whole, the others were to 
pay their proportions as follows: Wm. Barnes, 4,500 merchant- 
able boards and 17s. lid. money; Susanah Whitrige, 2,250 
boards and 8s. lid. money; the widow Woaster from her hus- 

*Writ: Jno. Piny and Joanne, his wife, late wife of Richard 
Brabrook v. John Burnam, son of Ens. Tho. Burnam; in a writ 
of dowry, for not setting out her third part of six acres of marsh 
which belonged to her late husband; dated Sept. 11, 1682; 
signed by Robert Lord,t for the court and town of Ipswich; and 
served by Robert Lord, jr.,t deputy to Robert Lord,t marshal 
of Ipswich. 

John Doney, aged about forty years, and his wife, aged about 
thirty years, testified that about the middle of last August 
Goodman Penney and his wife desired them to go down into 
the marsh in Brabrooke's farm, which as they said was sold to 
Mr. Cromwell by Goodman Brabrooke. They went and heard 
them demand the six acres of John Burnam, jr., and he refused it. 

t Autograph. 



374 IPSWICH QUARTERLY COURT [Sept. 

band's estate, 2,250 boards and 8s. 11 l-2d money; widow Mary 
Challis from her husband's estate, 4,500 boards and 17s. lid. 
money.* 

*Writ, dated 18 : 7 : 1682, signed by Richard Curier,t for 
the court and town of Emsbery, and served by Samuel Colby,t 
constable of Amsbury, who attached land of Susana Whittredge 
adjoining Bare hill, the dwelling house and orchard of Willem 
Barns and the dwelling house and orchard of Mary Challis. 
John Tennie,t constable of Bradford, attached land of Mrs. 
Wosester's beyond Bare hill meadow. 

Wm. Osgood, sr.'s, bill of cost, 31i. 16s. 

Letter of attorney, dated Sept. 23, 1682, from William 
Barns,! Mary (her mark) Chalice§ and Susana Whitterredgt 
to Isak Colby of Rowly. Wit: Samuel Colbyt and Rob Ring.f 
Acknowledged Sept. 23, 1682, before Robt. Pike,t assistant. 

Copy of appointment of defendants as administrators made 
by Robert Lord,t recorder. 

Copy of the appointment of Susanna, widow of Anthony 
Colby of Salisbury, as administratrix of his estate, at Salisbury 
court, Apr. 9, 1661. Copy made by Tho. Bradbury, f recorder. 

Ephraim Winsley'sf receipt, dated Sept. 24, 1682, to William 
Osgood for 31i. 14s. in money and 8,000 pine boards, he being 
attorney for the town of Salisbury. 

John Pressy, aged about forty-four years, testified that the 
first summer he came into this country, in 1651, having leave 
of his master to see things in the country, "among the Rest I 
do well remember that the saw mill at Salsbury was on thing 
that was accounpted a rare thing: & I did go to see it: & I did 
see it going & sawing bords that very somer." Sworn Sept. 21, 
1682, before Robt. Pike,t assistant. 

Robert Ring and John Osgood testified that a considerable 
part of what this mill had cut was plank, for the past twenty 
years. Sworn in court. 

Nathan Gold, aged about sixty-four years, testified that in 
Sept., 1652, he came into this country and town and the saw mill 
at Salsbury was then built and going. It had been running that 
summer as appeared by the heap of boards there, some of which 
deponent had to build his shop. Folks told him that it sawed 
the plank for Mr. Graves' vessel that had gone and which de- 
ponent saw at Boston. Sworn Sept. 23, 1682, before Robt. 
Pike,t assistant. 

Richard Currier, aged about sixty-six years, testified that he 
keeps a saw mill at Amsbery near the saw mill that belongs to 
Solsbury and upon the same river and has sawed the past spring 
about five or six thousand feet of boards a week for three months 

t Autograph. t Autograph and seal. { 8eai. 



1682] RECORDS AND FILES 375 

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.f 

Mr. Samuell Rogers, presented for excessive drinking, was 
fined.l 

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 Lord§ 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. 

JWit: Jacob Foster and Joseph Browne. 

§ Autograph. 



IPSWICH QUABTEBLT COURT [Sept. 



1682] RECORDS AND FILES 377 

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 41i. 13s. 

Joseph Gatchell and his sureties forfeited their bond for ap- 
pearance.f 

*Deed, dated Nov. 27, 1673, from Richard Lee§ of Ipswich, 
husbandman, and wife Sarah (her mark) Lee, to Edmond 
Marshall of Ipswich, ship carpenter, for 1 111., 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,| James Kingt and John 
Giddinge.J Acknowledged Dec. 13, 1676, before Samuel 
Symonds,t Dep. Gov. Edmond MarshallJ appointed his 
brother Wells to act as his attorney in this matter. Wit: 
Richard Lee.| Edmond Marshall§ and Martha (her mark) 
Marshall assigned this land, Dec. 13, 1676, to Thomas Marshall. 
Wit: Richard LeeJ and John (his mark) Wooden. Acknowl- 
edged Dec. 13, 1676, before Samuel Symonds,t Dep. Gov. 
Recorded May 3, 1680, among the records of lands for Essex, 
liber 4, page 328, by Robert Ix>rd,t recorder. 

Edmond Marshall, aged about thirty-four years, testified 
that he sold the land, etc. Sworn, Sept. 25, 1682, before Robt. 
Pike,t 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, 

t Autograph. § Autograph and seal. 



378 IPSWICH QUARTEBLT 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.f 

Samuell Gatshell,t apred forty years, testified Aug. 18, 1682, 
thai **one W edne&day nigiiie Lafet 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 
barkened 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 y* doore and saide who 
are you: and they saide wee are the watch: & hee saide you may 
goe aboute yo' busnes Into the Kings high way: & they saide 
they would not but y®^ would Cary hem w*** them and hee saide 
they were Rogues and not y« 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 s** 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- 
cheirs 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. 



1682] BECOBDS AND FILES 379 

the last Court of Assistants against James Browne, and his fine 
was remitted.* 

Upon approbation of the selectmen of Newbury, John March 
was licei^ed to keep an ordinary in Newbury and also to draw 
wine and liquors for a year.f 

*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 y* sd action my self e butt was hindred by y* 
pvidence of god by hard weather. I came home butt two dayes 
to late to answer y« 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 y* pvidence of god to 
goe his selfe to answer y action as I am informed did take out 
y^ case and carried y* reasons of apeale according to law and 
made an atturney to psecute my action butt it so fell out y* my 
action was not entred wherby not onely y* loss of my action and 
bond to y* pty concerned butt the forty shillings to y* County 
I am liable to pay which I doe humbly craue this Hon'** Court 
to be pleased to remitt upon y* granting me leaue what I hdue 
farther to declare in y* case to y' Worships." 

Letter of attorney, dated July 24, 1682, given by John Allin§ 
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,t 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 CarrJ and Sarah (her 
mark) Reade. Acknowledged before Robt. Pike,t assistant. 

tApprobation of the selectmen of Newbury, Nathll. Clarke,J 
Francis Brown,t John Bartlet, sr., James Ordway, sr.,J and 
Joseph Bayley,t Mar. 18, 1682, for Jno. March to keep an 
ordinary in Newbury as formerly. 

Petition to the court, Sept. 26, 1682, by Nathll. Clarke,J 
James Ordway, sr.,J 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* 

t 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 y* John March would 
sett upon keepinge of y* ordinery and y* sutteblnes of y* person 
for y* end hath giuen under theyer hand theyer approbation of 
y* thinge acordinge to law, yett understandinge y* there is some 
obstruction y« thinge beinge not yett granted as wee understand, 
wee whose Names are underwrighten doe humbly request y* 
your honours would bee plesed to grant y* said John march a 
lisence for his keepinge of y ordinery Consideringe not only 
the Conueiency but the nesesity of y towne of Newbury and 
neighbouring townes hauinge an ordinery in y place y* 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 Godflfree,* 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 w*^ time I had no need of it, or 
inclination to it, being well seted upon a farme of my owne, 
w**** was suflStient to maintaine me, but by y* 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, w*^ 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 w*** 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 

y* 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. 



1682] RECORDS AND FILES 381 

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.f 

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 
& y* 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 y* 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 w*** 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 y* 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 
w**" I am deeply sensible of my affliction being further aggra- 
vated by his execution granted from y* Honord Court of Assist- 
ants w°** 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 r poore petitioner his 
license for the ordenary as formerly, w*** (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 y* way as formerly." 

*Approbation of Thomas Burnam, sr.,J Tho. Lovell, sr.,J 
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. 

t Andrew Allen, aged about sixty-six years, deposed that 

t Autograph. 



382 IPSWICH QUABTEBLT COURT [Sept. 

having heard of Elisabeth Gold's condition and he being at work 
one day, Elizabeth's master Andrew Foster, sr., came to depend- 
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. 



1682] RECORDS AND FILES 383 

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 ofif 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:! "I being at an uncertainty about my inioyment of my 
dwelling house: by reason of a controvercy betweene Isaac Hull 
and myself e, and other disquietments: by reason where of: 
doubting of my capasity to doe y* 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 y* 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 
3^ 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 27*** 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 Hon'** Court Consenting thereunto. Tho" Fiske,t 
By order of the Select men." 

t Autograph, 



384 IP8WICH QUARTEBLY COUBT [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 
Fairf eild for 21i. 

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. 



1682] RECORDS AND FILES 385 

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 lOOli. and had 601i. 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 sine the fier at 
boston and soe he Rejicted the ordenary since he Receued the 
hurt that he pretendeth to." 

* Autograph. 



25 



386 IPSWICH QUABTEBLY COUBT [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 allow^ance and she was to maintain the child 
at her own cost.* 

*Petition of John Atkinsonf 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 81i. per year in money for maintenance and 2s. 6d. per week 
was too hard, ** According to y® common valluation of p'vission 
in this time of y** great scarsity of money, wee in y® Country 
account eight pounds in money, at sixteene in other pay, or at 
y« least twelue pounds. And y® 2s. 6d. at 6s. in common pay, I 
cannot thinke it is y* mind of y® Court y* y® 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 y* maintenance of such a child should arise to bee 
double w* 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 ^4enders her as his owne Child." Sworn, 30 : 10 : 1681, 
before Nath. Saltonstall,t assistant. 

Petition of John Atkinsonf after new evidence was produced. 

t Autograph. 



1682] RECORDS AND FILES 387 

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 61i. 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 
21i. 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 Low4e 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 IPBWICH QUABTEBLY COURT [Sept. 

of drink and it being withdrawn before the court's consideration 
of their ofiFences, 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 Earnest and Richard Currier,t selectmen of 
Amsbury: "Being acquainted w*** ye state and condition ofif 
Susanna Whithredge: An antient & helpless widow belonging 
to y* towne off Amsbury: Doe ace* itt noe less then a duty unto 
which we are in conscience bound to present y same unto this 
hon'** Courtt: which is such, y* notwithstanding A comfortable 
& competent mayntenance being Allowed unto her, out ofif y* 
estate ofif her form' deceased husband Anthony Coleby (as may 
more pticul'ly appeare by an ord' ofif y® County Courtt held att 
Salisbury: bearing date y^ 9**^ off Aprill 1661:) yett shee being a 
woman attended w*** many Infirmities both of body & minde: 
is utt'ly uncapable ofif doing any thing y* may contribute to her 
livelyhood or comfortable subsistence or oflF disposing ofif any 
ofif her estate unto y* supply ofif 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 ofif body as usually attend old age oftentimes sick: and 
many times destitute ofif divers necessaries & always ofif y* Con- 
veniences ofif life: any otherwise y'* shee is supplied by one or 
twoe ofif her children: whose families in y* meane time want y 
same att home; & very much defective & decayed in her und'- 
standing: whereupon wee are bold w*** y* fav' of ye hon'*^ Courtt 
to present thiss her condition to y® serious Consideracon re- 
questing y* they would be pleased to Impower some one or twoe 
persons ofif Approved Creditt & fidelity: whome y' selves shall 
judge most meet to sell or oth'wise dispose ofif soe much ofif her 
estate as may fro time to time be requisite for her comfortable 
supply & maintenance : whoe may be att y^ pleasure ofif y* Courtt 
accontable to y™ or whome they shall appoynt for y* same," etc. 

t Autograph. 



1682] RECORDS AND FILES 389 

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 81i. in 
money due for four months' service according to agreement; 
dated 21 : 7 : 1682; signed by Hilliard Veren,t for the coxirt; 
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 Better and a hat, bridle and four 
loads of hay of defendant. 



t Autograph. 



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394 8alem quabterlt coubt [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 Pvtnam, 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. W^illiam 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.f 

♦Writ, dated Oct. 31, 1682, signed by Hilliard Veren,J for the 
court and town of Salem, and served by Henery Skerry,J 
marshal of Salem, by attachment of land and orchard by the 
house of William Nicke of Marblehead. 

fWrit: 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,J for the court and town of Salem; and served by 
Jeremiah Rogers,J 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 

t Autograph. 



1682] RECORDS AND FILES 395 

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 plaintifif.f 

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, Hi. 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. 

fWrit: Joseph Mansfeeld, sr., of Lyne v. Corporall John 
Newhall and John Newhall, son of Anthony Newhall, deceased; 
for cutting ofiF 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. HoUioak, 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 Newhairs 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. 

tWrit, 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 QUABTEBLT COURT [NOY. 

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 Billiard 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 Billiard 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 y* Jos** Neale is 
fully satisfied for what fell short of Darlands Sayle by y* 10*' in 
money Rec*^ of Tho. Maule & has his mesure of y* halfe acre 
y* was formerly Mary Darlings. 2, as to y fence w**** stands out 
of neales Ground & belongs to him to the North of his house 
Thomas Maule shall pay Jos** Neale fine shillings in money or 
remove the s* fence on to Jos** 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 y* pticular: 4, as to the damage 
done by Maule to Jos** Neale by pulling downe the fence by 
selfe or order we award Tho Maule to pay Jos** Neale fifteen 
shillings money y^ payment to be made by the 20 : March." 

Agreement by Walter Fayerfield,t Samuel Gardner, sr.,t 
William Raymentf and Benjamin Balchf 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. Brownef and 
Tho. Gardner.t 

'*for y« more Cleare prosecution of the Action of Review & 
for 3^ Remoueing that which lead y« Jurie in y^ former tryall to 
finde for y« defendant I doe now before this Court Charge y* 
defendant with giueing to y* Court in y* former tryal a paper 
under his hand y* contents where of is false. I doe also Charge 
will Raiment & waiter fairfield with sweareing falsely & decit- 
fuUy & knowingly so to y* same paper. I doe also Charge John 
Conant with swereing untrue in y« 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. 



1682] BECOBDS AND FILES 397 

« 

Sergt. Andrew RIansfeild, 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 Kitchenf and Edward Flintf 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 231i. 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 sa3dng 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 Corporal! 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, 61i. 4s. 

Thomas Brown's bill of cost, 41i. 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 Eling, aged about forty-three years, and William 

t Autograph. 



398 SALEM QUARTEBLT COXTBT [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 2201i., to Daniell Kitchens of 
Lynn, his farm with the farm house and other buildings now in 
occupation of said Kitchens, formerly in the tenure and occu- 
pation of Samuell Bennet of Rumney Marsh, bounded "on the 
west westerly by the lands of Cap' 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 Cap* 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 Kumphry Davy, 
assistant. Recorded in book 5, folio 49, 24 : 8 : 1679, by Kil- 
liard Veren,* recorder. Copy made by Killiard Veren,* cleric. 

Andrew Mansfeild, aged about sixty-one years, and John 
Burrall, aged about forty-seven years, testified that being 
deputed by Lynn to inspect Browne's encroachment upon the 
common, the latter showed them where he had cut the wood 
and they found it to be within the common land many poles, 
outside of Boston line and about 110 poles outside of Capt. 
Walker's farm. Further, that they found 730 trees felled, most 
of which had been carried away, which damage to the town was 
estimated at lOli. Sworn in court. 

Copy of papers in an action in Salem court, June, 1681, con- 
cerning a new highway between Lynn and Boston. 

Deed, dated Jan. 9, 1670, from William Bartholmewt of 
Boston, merchant, for love and affection, to his daughter Mary, 
wife of Jacob Greene of Charlestowne, merchant, and her heirs, 

* Autograph. f Autograph and seal. 



1682] RECORDS AND FILES 399 

one farm house and out houses, with all his farm bought of 
Samuel Bennet of Rumney Marsh on Mar. 12, 1669-70, chiefly 
within the limits of Lin, bounded '*on the west or westerly with 
the land now in the possession of Augustin Lindall in pt & land 
of Benjemin Muzzy in pt one north, with the hills bounding that 
pt of the farme called the plow-plaine running upp to a marked 
tree at that corner on the north, & north easterly side Bounded 
by an high ledg of rocks wherin severall pitch-pine trees now 
standeth & from thence running downe to the pond, one the 
easterly side or end bounded ptly by the pond & ptly by the 
Brooke runing into the sayd pond, And over against which sayd 
runing Brooke one the Easterly side therof ther is & must be 
six acres of upland (more or less) upon which the sayd farm- 
houses now standeth: And also the moity or one haff pt of a 
medow called or knowne by the name Squires Medow Ijang & 
being within the bounds & Lymitts of Molden; And also a 
pcell of soult marsh Lying & being in Rumley marsh formerly 
Purchased of Captaine Robert Bridges Caled by the name of 
the fourten acre lott (more or less) Bounded one the easterly 
side of a salt Creeke, & with the lands of Thomas Newell south- 
east, & with the lands of Samuell Johnson northeast, & with the 
lands of John Ballard towards the southwest with all the Com- 
monages, rights, p'vilages & appurtenances to the sayd fairme 
belonging or in any measure appertaining,'' each of the children 
of Mary Greene to receive his or her part at the age of twenty- 
one years. Postscript: the said Jacob and Mary were to have 
the use of the whole estate during their lives without dividing 
with the children. Wit: Richard Prince* and Henry Barthol- 
mew.* Acknowledged 12 : 11 : 1670, before Wm. Hathorne,* 
assistant. Recorded 17 : 11 : 1670, book 3, folios 104, 105, by 
Hilliard Veren,* recorder. William Bartholmewf made void 
the entail, Dec. 3, 1679, when Jacob Greene, sr., and his wife 
Mary Greene conveyed this estate to Daniel Hitchins of Linne, 
which was Sept. 24, 1679. Wit: William Killcupp* and John 
Greene.* Acknowledged Dec. 5, 1679, before S. Bradstreet,* 
Governor. Recorded June 15, 1681, book 6, folio 6, by Hilliard 
Veren,* recorder. 

Rates: Mr. Laughton, 7s. 5d.; Will. Longley, 6s. lOd.; John 
Gillow, 178. 3d.; Thomas Newell, 14s. 3d.; Thomas Coldam, 9s.; 
Edmund Needam, 6s. 6d.; widdow How, Is. lid.; John Mans- 
feild, 5s. 8d.; John Fuller, 8s. lid.; Allen Brade, 19s. 6d.; Robert 
Mansfeild, 10s. 7d.; Hugh Burt, 5s. 2d.; Andrew Mansfeild, 
68. 3d.; John Ramsdale, 5s. Id.; W^ill. Ivory, 7s. 2d.; John 
Knight, 3s. Id.; Edward Burcham, 3s. lOd.; Nicolas Potter, 
12s. 8d.; James Axe, 7s. lid.; Will. Knight, 3s. 4d.; Richard 
Blood, 7s. 5d.; George Keysar, 9s. lid.; Mr. South, 14s. 7d.; 

* Autograph. t Autograph and seal. 



400 SALEM QUABTERLT COUBT [NoV. 

Anthony Newell, 3s. 5d.; John Deckon, 58. 6d.; John Witt, 
68.; George Taler, Os.; Richard Mower, 6s. 5d.; Thomas Wel- 
man, 3s. 9d.; Edmond Farrington, 15s. 6d.; Adam Haukes, 
168.; Nicolas Battey, Ss.; George Frayle, 4s. 9d.; Mathias Farn- 
worth, 6s.; Joseph Armitage, 6s. lOd.; Christoper Collins, 58. 
8d.; Jonathan Hudson, 68. 5d.; Henry Rodes, 58. lOd.; Thomas 
Townsend, 4s. 6d.; Edward Baker, 8s.; John Tarbox, 5s. 3d.; 
Thomas Wheller, 8s. lOd.; Richard Haven, 58.; mill & houses, 
10s.; Francis Engols, 15s. 8d.; widdow Lewis, 16s. 8d.; Will 
Meriam, 8s. 2d. ; Thomas Hutchinson, 3s. 6d. ; Mickell Lambert, 
5s.; Edward Burte, 6s.; Epharime How, 3s. 6d.; total, 331i. 
14s. 6d. 

Quit claim deed,* dated Mar. 12, 1669-70, from Samuell 
BenettJ of Rumney Marsh, within the township of Boston, for 
2201i., to William Bartholmew of Boston, merchant, his farm 
as bounded in the foregoing deed. Wit: Thomas Marshallf and 
John Hathorne.t Sarah Benit,:^ wife of Samiell Bennett, June 
30, 1677, released her dower. Wit: John Greenef and John 
.f Acknowledged by Samuell Bennett, who gave pos- 
session by turf and twig. Acknowledged by Sarah Bennett, 
June 27, 1677, before Edward Tyng,t assistant. Recorded in 
Salem records 17 : 11 : 1670, book 3, folios 103, 104, by Hilliard 
Veren,t recorder. 

Copy from Boston town records by John Joyliffe,t recorder: 
"the 2V^ of 11*>» month 1639, There is granted to M' Thomas 
Fowle a greate Lott of six hundred Acres." 

"At a Generall Court held at Bostine y« 7*»» of May 1657. In 
answere to a petition from the Inhabitants of Bostone for lay- 
inge out the bounds betweene Bostine & lin, It is ordered y* 
L* Joshua Fisher of Dedham or whome else they should apoynt, 
shall be & is hereby apoynted to lay out the said bounds & to 
run a nor norwest line, into the Countrie from the midle of 
Brides brooke, neere the foote path, to be run by a Maridian 
Compasse; The proprietie of any lands laid out to the Inhabi- 
tants of Lin, beinge not disturbed according to agreement." 

Copy from the town book of Linn, as entered in the town book 
of Bostone by John Joyliffe,t recorder: " Coppie of an Agreement 
of the bounds of Bostone Charles Towne & Linn. Wee whose 
names are underwritten, beinge apoynted by the Court to setle 
the bounds betweene Bostone & Linn, haue agreed to run a Nor 
Norwest line into the Countrie from a tree marked standinge 
close to Brides Brooke, neere to the foote path," etc. Abraham 
Palmer, Tymothy Toinlins and John OUiuer. 

Copy of Joshua Fisher's return, made by John Fuller,t clerk: 
"Upon the 12*»^ of Aprill 1669 The Sellectmen of Linne desiring 
me to Rune sum Lyne in Contrauersy betwixt M' bennit and 

** This deed is written on parchment. 

t Autograph. X Autograph and seal. 



1682] BECORDS AND FILES 401 

Line Town: and m' king and Line Commons: And between 
Sallem and Line: The day above mentioned I Came to Line 
to Cap' Marshall Howse: the next day being the 13'** of Aprill 
I went to brides brook with diuers of Line And Trauest the 
Ground to Maulden Lyne; and went up Maiden lyne and sett 
a lyne from thence parralell To the Lyne that Runs from brids 
brook upon a square to maulden Lynn wich I found To be Half 
a mile and tow Rod: but at the first lyne that I Rune from 
Maulden Lynn Towards Line wee Rane halfe a mile and 8 Rod 
Allowing the 6 Rod for the uneuennes of the Land that it might 
be full as Broad there upon the Square from Maulden Lyne as 
it was at Brides brooke: And upon the 30*^ of Aprill 1669 I Rane 
ane Other Lyne Ouer from Maulden Lyne towards Line Lyn 
half a mile and 8 Rod wher was a heap of stones Raysed aboute 
a Crochet black oake about 47 Rod from the corner of a dwelling 
Howse: called the Scochmens Howse the whoU Hows being In 
Line Bounds: wich is Attested to be done by mee According to 
my best art and skill." 

The foregoing was ratified by Boston, May 16, 1662, provided 
the selectmen of Line and Mr. Samuell Bennett freed the town 
of Boston from any further charge, by order of the selectmen, 
Hezekiah Usher, recorder. Copy made by John Fuller,* town 
clerk. 

Thomas Marshall, aged about sixty-six years, testified in 
behalf of Lynn that he paid Lt. Fisher for running the line. 
Sworn in court. 

"M' John Gardener of Salem being desired by the Selectmen 
of Line to Run the bounds betwixt Bostone Charlstown and 
Lynn uppon a nor norwest lyne from the midle of brides brook 
uppon the foot-Bridge by M"* Bennitts by a merridian Com- 
pass he the sayd John Gardener Testified That the farme howse 
wich they Call Roger Tylers is about one Hundred Or Sixscore 
Rods within the sayd Lyne and that hows they call Ensigne 
Bancrofts is about one Hundred or sixscore Rod and the feild 
they Call M"' Lyndall feild wich Lyeth of to the norwestward 
of his farme house is wholly with in the same Lyne." This line 
was run in 1660. Copy made by John Fuller,* town's dark. 

**At a generall Towne meeting the 16*** last month 1673. It 
was voted & agreed that noe small tree, or trees shall be fallen 
uppon the Common, for fier wood Less then a foot over, uppon 
penaltye of payeing ten shillings for evory such tree or trees any 
person shall fall for the fire, or Cause to be fallen, as allsoe what 
green Tree or trees any pson shall fall for the fire alowed of they 
shall take awaye the bodye as well as the top, but if any pson 
shall Leaue the bodye, they or hee shall paye ten shillings for 
evorye such tree, they or hee shall Leaue any part of it, yet it is 

* Autograph. 



26 



402 SALEM QUABTEBLY COUBT [NoV. 

to be understood that swamp wood is not forbidden, but the 
Inhabitants maye make use of that, smale & great for their fire 
& f-or the due executing this order, any pson in this Towne see- 
ing this order broken, hee maye require the fine of the pson 
Transgressing, & if hee shall refuse to paye the fine being de- 
manded then he shall haue power to take it by waye of distress, 
& hee to haue one halfe of the fine & the other halfe for the 
Townse use, & it is to bee understood in this order that if anye 
pson shall Lop any tree, or trees are Liable to paye the same fine 
in this order as well as such as Leaue any pt of a tree." Copy 
made by John Fuller,* town's clerke. 

"Att a Towne meetting held 9**^ first mo. 1657. Itt was 
votted that noe person or persons whatsoeuer whether tradsman 
or Any other shall fall any tree or trees oupon the Towns Com- 
mon to Transport Them out of the Towne whether by making 
of warrs or Any other way without the Towns consent but If 
Any person or persons shall make use of any such tree or trees 
or Any kind of Timber or wood that Groweth oupon the Towns 
Common Thay shall pay ten shillings for the Towns use for 
euery such Tree or Any part of it as they shall make use of to 
Transport it out of the Towne: this 22 nouember 1682." Copy 
made by John Fuller,* town clerke. 

"Att a Generall Towne meeting Holden in Lyn The 7**» day 
of December 1681. Corporall John Burrill was then voatted 
and made Choys of to Joyn with M' Laughton or Sariant Mans- 
feeld or Sarient Newhall or Any one of them to deffend the 
Towns Interest in Common Ether in Land or wood in that part 
of our Common that lieth betwixt Capt. Walkers Tow hundred 
Akers that the Town Gaue hime and Leutenant Smiths farm 
And boston and Lyn linn and that farm Ussially Called Gif- 
fords farm And any tow of the afoursayd men hau power Giuen 
them by the Town To Sue Arest and Implead Thomas Brown 
Senior or Daniell Hichin or Any other parsons that doth In- 
croach oupon our lands or wood : or to make distres oupon ther 
Goods or to take any Cours in Law to deflfend The Towns 
Intrest in Common as they shall in ther wisdoms think most 
meet by pulling down any fences or other things that ar or shall 
be Erectted oupon the sayd Common: and that from tym to 
tym untill The Caus be Fully heard and ended: and all the 
Charg Any tow of the Aboue sayd men shall be att in vindecat- 
ting the Towns Right In the Abou sayd Common shall be payd 
by the Town: this 21 of June 1682." Copy made by John 
Fuller,* town clarke. 

Capt. Richard Walker and Capt. Tho. Marshall testified that 
they settled the Lynn and Reding bounds on Mar. 22, 1652-3, 
for the two towns, as follows: *'the head bound of Lynn next 

* Autograph. 



1682] BECOBDS AND FILES 403 

Redding was the Lyne of M' Howels f arme now Leiuten* Smiths 
farme with this Consideracon y* all the Lands betwixt the s** 
head Lyne & Capt. Walkers farme of two hundred acres, which 
was formerlye Laid out, both the s** Towns were to have free 
privilidge for feeding for catle & all other privilidges to belong 
peculiarlye to the Towne of Lynn which was mutuallye & fuUye 
agreed uppon by both Townes," etc. Sworn in court. 

At a town meeting, 2:11: 1660, Mr. Thomas Laughton and 
Thomas Wheeler were appointed to protect by suit or otherwise 
the town of Lynn in its common land lying toward Boston as 
the line was run by Mr. John Gardener of Sallem. Copy made 
by John Fuller,* town clerk. 

Lieut. Ralph King, aged about forty-two years, and Sarjant 
Thomas Newhall testified that they perambulated the bounds 
with Boston men in 1681, etc. Sworn in court. 

John Greene, jr., and Henry Green, both of Maldin, both 
aged about fifty-four years, deposed that they were tenants on 
this farm for seven years and paid their rates to Boston. Their 
lease expired nine years ago the past spring. Sworn in court. 

John Paul, aged about fifty-five years, testified that he lived 
with Mr. Samuell Bennitt upwards of thirty years ago in his 
house for the term of six years, being most of that time on the 
farm with him. Bennitt improved it by planting, fencing, 
plowing and selling timber and wood and carrying coals to the 
Iron works, etc. Sworn, Nov. 23, 1682, before Samuell Apple- 
ton,* assistant. 

Capt. Thomas Marshall, aged about sixty-six years, and 
William Bassit, aged sixty-three years, deposed. Sworn in 
court. 

John Bennet, aged about thirty-seven years, deposed that his 
father, Mr. Samuell Bennett sold the farm that Goodman 
Hockin now lives in, etc. Sworn in court. 

John Giffard testified that when he was agent for Mr. John 
Becx and company at the old Iron works, he bought of Mr. 
Samuell Bennett, sr., six or eight thousand cords of wood stand- 
ing on the stump in 1651-2. This wood he took from Bennett's 
to cut "from the howse where he then lived (w*** is the place 
that now Danyell Hutchins lives in) a mile and a halfe Compess 
takeing up reddin way and soe downe to the pond that is Called 
the Iron workes pond." ' Sworn in Boston Nov. 25, 1682, before 
John Joyliffe,* commissioner. 

Benjamin Muzzy, sr., aged about fifty years, testified that 
he was with the Lynn and Boston men when the line was run, 
Mr. Bratell being one, etc. Sworn in court. 

Thomas Newhall, sr., and William Bassit testified as to the 
bounds. Sworn in court. 

 Autograph. 



404 SALEM QUARTERLY COURT [NoV. 

Edward Nealand v. John Kemboll, sr. Trespass. Verdict for 
plaintiff. 

Edward Nealand v. John Eemball, sr. Review. Verdict for 
plaintiff. Appealed to the next Court of Assistants. Defendant 
bound, with Phillip Fowler and Tho. Ives as sureties.* 

Oliver Purchis, aged about sixty-six years, testified that in 1655 
he came as clerk to the old Iron works at Lyn and contracted 
with old Mr. Samuell Bennett of Boston, now surviving, who 
dwelt upon that farm now called Mr. Green's or Hutchins' farm 
for thousands of cords of wood and timber, etc. Sworn in court. 

♦Writ: Edward Nerland v. John Kimball, farmer in Ipswich; 
review of a case heard at Ipswich court Sept. 27, 1681: for- 
feiture of a bond in not standing to agreement concerning 
partition of their lands; dated Nov. 22, 1682; signed by Robert 
Lord,t for the court and town of Ipswich; and served by Robert 
Lord,t marshal of Ipswich. 

Edward Neland's bill of cost, 21i. 16s. 6d. 

John Kimball's bill of cost, 4s. 

Caleb Boyington, aged thirty-two years, and John Jeuit, aged 
forty years, testified that they being at Edward Nerland's house, 
Mar. 20, 1681, said Jeuit and his son set up fence on a straight 
line from a knot in the log fence to a willow bush, which Good- 
man Hadly said was a line agreed upon by Capt. Whipple and 
Nathll. Wells. They saw John Kimball pull down the fence 
and Nerland warned him to secure his field, etc. Sworn, July 
24, 1682, before Daniel Denison.f 

Caleb Boynton, aged about thirty-two years, testified that 
Goodman Hadley and Nerhng told them the bounds. Sworn, 
Nov. 24, 1682, before Samuel Appleton,t assistant. 

Josiah Clark testified that riding with Nathanill Wells to 
Nubry he told him that he and Capt. Whipple had agreed about 
the line. Later he told deponent that he was informed that 
Kimball had blazed an ill report of him to Simon Stace, etc. 
Sworn, Apr. 25, 1682, before Daniel Denison.f 

John Jewit,t aged forty-five years, testified that when they 
had set up five or six lengths of five-rail fence, John Kimball 
ordered them off his ground and said no fence should stand 
there. Gorg Hadly showed the line and Kimball