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

RECORDS AND FILES 



OF THE 



QUARTERLY COURTS 



OF 



ESSEX COUNTY 



MASSACHUSETTS 



VOLUME II 
16^6-1662 



SALEM, MASS. 

PUBLISHED BY THE ESSEX INSTITUTE 

I912 



NEWCOMB & GAUSS 

Printers 

Salem, Massachusetts 



SEVENTEENTH CENTURY COURT PRACTICE IN 
MASSACHUSETTS. 



An attempt is herewith made to give some idea of court practice 
in the earliest days of our settlement, so far as documents have 
been preserved. 

The grand jury and trial jury were fashioned like the modern 
system. The venire for the drawing of jurors was much simpler 
in form than the one that is now used, and was as follows : — 

To the constable of Rowly 
you are required to send foure able men of your Towne to serve 
upon the Jury for tryalls at the next court held at Ipswich the next 
third day & soe make returne of this your warrent under your 
hand dated the 22th (7) 1653. 

Robert Lord cleric. 

The return was endorsed on the venire as follows : — 

These 4 men were Chosen by the towne for to serve on the Jury 
of tryalls namely Thomas dickinson Thomas Leaner John Smith 
and John Palmer 

p me John Pickard 

Constable 
\_Essex County Court Files, Vol. II, leaf 87.] 

Writs were written on small fragments of paper in the early 
days, many of them being not more than five by one and one half 
inches. The form was always a capias, and it meant just what it 
said, " attach the body or goods " of the defendant. The following 
is a copy of one of these writs with the return thereon, where a 
bond was given to secure the judgment that might be recovered in 
the action. 

To the marshall or his deputy. 
Yo" are required to Attach the body or goods of W" Addis of 
■Gloster & to take bond of him to the valine of ffoure pounds Ten 
shilling w*h suffitieut suertie or suerties for his appearance at the 

iii 



iv SEVENTEENTH CENTURY COURT 

next Court att Salem, then & there to answer to the Complaint of 

Phillip Vdall for a debt of 3^' 13« & so mak returne hereof und' 
yo"^ hand. Dated the 2 day of 9*^ m° 1642 

By the Court Raph ffogg 

I assigne Ceorg Norton my 
deputy to execut or serue 
this Attachm* acording to Lawe 

The following is the bond : — 

Knowe all men by thes p'sents y* wee William Addes & william 
Barnes of gloster doe bynd our selues our heirs & executo" to the 
marshall of Salem & his deputy in ffower pounds ten Shillings 
upon Condition that the said William Addis shall psonally appeare 
at the next Court at Salem to answer to the Complaint of Phillip 
Vdall for a debt of 3" 13« In witnes wherof we haue hereunto 
put o*" hand & seale geoven the 26**^ Day of the 9*^ m"* 1642 
Signed & delivered in the Will Adies 

p'senee of william baknes 

George Norton 
Mary Norton 
Joseph Parker 

The return is as follows : — 

Attached his pson y« 18"^ day of 9**^ m° 1642 & he put in secur- 
ity as p bond 

George Norton 

[Essex County Court Files, Vol. I, leaf 13.] 

The following is a writ having a return of attachment of prop- 
erty :— 

To the Constable of Glocester or to his depputie 
You are required to attach the bodie or goods of John Sadler 
and to take bond of him to the valine of Thertie ffive powndes w*h 
suffisseent suretie or sureties for his appearance at the Court held 
at Salem upon the last Third dale of the 10*^ moneth then and 
there to answeare unto the complaint of m' Hugh Ap Prichard for 
detaining a debt of Thertie pownde due unto him to his great 
damage, herof you are not to faile. dated the 3*^ of the 4*^ mo. 
1644. 

By the Court Obadiah Broen 

The following is the return : — .> 

Acording to this warant I haue atached the ^liird daye of this 
4 munth of John Sadlerse to cowes to cowes one caleve 4 swyne 



PRACTICE IN MASSACHUSETTS V 

the house and land together with all the goods in the house for his 
apearanc. 

\_Essex County Court Files, Vol. I, ^ea/19.] 

The following is a writ similar to that used in the modern trustee 
process : — 

To the M'"shall of the County of Suffolck or his deputy 
You are required to atach the goods debts or estate of Richard 
Endell in the hand of Generall Robert Sedgwick, or where euer els 
they may be found to the valew of sixteen pounds, so as to bind 
the same to be responsall at the next Court to be held at Ipswich, 
then and there to answer the complaint of M"" Georg Corwin in an 
action of debt of eight pounds odd money due upon bill, and so 
make a true return hereof under your hand dat. 15 : 1^^ 1654 
By the Cou'"t Jonath. Negus. 

The return is as follows : — 

I haue attached the goods of Richard Endall this 15 : 7 : in the 
hands of Generall Robertt Sedgwicke: to the value of fine pounds 
bee itt more or less 

p me Ric Wayte. 

\_Essex County Court Files, Vol. II, leaf 145.] 

The following is a copy of a declaration in a civil action. Dec- 
larations are rarely found among the files. 

The declaration of Nicholas Noyes & John Pike, in the behalfe 
of the Towne of Newbery plaintiff Against Jo : Davis defendant. 

Wheareas The Constable of the s*^ Newbery distrained Certaiug 
Corne in the handes of John Davis for severall rates due to the s<i 
Towne from m' Clarks farme, then In the Possession of Jo : Davis 
The s* Jo : Davis replevyed the s'l Corne distrained & bindes him- 
selfe in a bande of ten pounde to prosecute the s* replevye at 
Sallem Court Last the w^"' (he not performinge) we sewe him for 
the forfeiture of the s^ bande of Ten pownde. 

\_Essex County Court Files, Vol. II, leaf 42.] 

, The following is an answer to a declaration : — 

The Answers of John Tod to the Allegations of M' Crosbee, 
at the Court Holden at Ipswitch the last tuseday of the seuent 
month one Thousand six hundred sixty and seauen. 



Vi SEVENTEENTH CENTURY COURT 

First : for not giuinge deeds to which I answer first that 
the award doth not ingage rae to giue deeds of Land, which the 
Arbitrators did award to be mine, but merrimacke land they doe 
award to be mine, and that I shoulde receiue it at the somme of 
one hundred thirty fine pounds. 

Secondly : That there is no land in exchange betwene them, 
but that land at Satchwells bridge, and it was of that twenty nine 
Acers which I receiued in the Artickells, and I had exchanged it 
with him for other land. 

Thirdly : The mane thinge wherein m'^ Crosbee forfited his 
bond was in not giuinge me a deede of the twenty nine Acers, and 
thereby utterly disinabled me that I could giue him none, neither 
doth the award require me to giue any till I haue receiued 

Fourtly : "Whereas he saith he demaunded deeds before John 
Asee, and Nicholas brouwne, it was four months to late, neither 
did he present any deeds for to secure me, for I was then willinge, 
and am now if I may haue deed for to secure me, but quite con- 
trary to which he gaue deeds to other men of my land, and ac- 
knowledged them a great while before that time as will appeare 
by the testimony of Eobert Lord Marshall, and John Pickard. 

Fiftly : In answer to his second plea, whereas he saith my 
tenders were but mere whimsees, I wish he had made any such 
tenders to me or any of mine, it would haue ended all our troubells, 
for : first though I thought it was not my duty to tender any deeds, 
till I first had receiued deeds of him yet because I perceiued that 
he intended to be troubellsome, I prepared my selfe for my duty, 

and had deeds redy in my hand, and would a gon to the 

dwellinge house mistres Crosbee told me there was none at 

home, and that her husband was gon abroade, I then handed the 
deeds ouer the pails towards her, as doth appeare by the testimony 
of John Pickard and Philip Nellson. 

In answer to this third and last plea, whereas he alledgeth 
they haue broken my bond in goinge to the Court of Assistants, 
and obtained iudgment against him, and serued execution to which 
I make answer, it was to my greefe that we went thither and that 

we put not in the bond of Arbitration, that we should not 

prosecute at the Court of Assistants that iudgment was giuen for 
me surely was none of my fault, for my takinge out Execution and 

serueinge, it was because that he sould as fast as I extended 

knew not when I should fasten upon any thinge, and said first or 
last that all was soulde that I had laide holde of, as app. by the 
testimony of John Pickard, and Robert Lord Marshall. 

Lastly This I did I presented my selfe often times to him, 
by freinds to his father wade I sent to him, that I would yelde up 

all land, and would waite for my pay yet longer, if I could 

be sure by sume certaine land as cloth appeare by the testi- 
mony of Robert Lord senior and John Pickard. therefore I would 
haue it knowne to this honored Court and Cuntry that it is not the 



PRACTICE IN MASSACHUSETTS Vll 

land that I seeke for nor the forfiture of the bond, but that I might 
once at last be secure of my debt, and iust charges in the gettinge 
of it. 

witnes my hand John Tod. 

\_Essex County Court Files, Vol. VII, leaf 33.] 



Much of the evidence introduced into trials was in writing, gen- 
erally it was a mere statement, written by the clerk, seldom signed 
by the witness, and sometimes having the jurat of the clerk or 
magistrate who administered the oath to the witness. The follow- 
ing is one of the simpler forms : — 

I Robert Tucker do testifi that m' holgraue came To my house 
about a quarter of a yeare a Go and sayd hee had Sould the Lott 
as hee Bought of Thom Keent to W" Seargent and desi''ed me to 
Eecord it Upon the Towne Book. 

By me Egbert Tucker 

dat the 23 of March : 1653-54 

[Essex County Court Files, Vol. II, leaf 117.] 



The following is a copy of the grounds of appeal : — 

The Grounds of my apeale from the Judgm of the court at Sals- 
bery the 12th of 4th mo : 1653 in the case wherin John Samborne 
was plantiue agst me are as foloweth 

first because the plantiue pued not his action for first he had 
but a single wittnes himselfe not being p'sent & that he speakes 
pues noe lilegall takeing away his goods for that he sayes is but 
that I came to his Brothers house & sayd I had an execution and 
red It on order & turned a beast in his Brothers yard (but did not 
driue it away) for he sayth I would haue driven it away but he 
did paye because he should not as he saith further that he doth 
speake is but to his best remembrance & it is well he doth not 
speake positiuely for all is not right y* he speakes in his oath 

secondly because he brought new plea & evydence y^ was not 
before the comissioners before there was noe Evydence but william 
Sambornes oath & a coppye of the execution 

Thirdly because the court sayd I did noe more y" I ought 
according to my ofice & yet red the Juryes verdict & gaue Judgm* 

agst me -r^ -r 

By me Egbert Lord 

the 17*'^ e*'^ mo : 1653 

[Essex County Court Files, Vol II. leaf 66.] 



Vm SEVENTEENTH CENTUKY COURT 

The following is a copy of an execution : — 

To y^ Marshall of norfolke or his deputy 

You are hereby required to levy execution on y® goods Chattells 
la — Natt : Boulter to y® valleu of nine pound eleven shillings & 
seven pense for y® execution to satisfie a iudgm* giuen to Ed- 
ward Gyllman for a att y'' Court held att Salisbury the 24*'* 

of the 2^ m° 1649 : by the court Tho : Bradbury. 

dated y« 27*'^ of y« 2^ m° 49. 

[_Essex County Court Files, Vol. II, Zea/'GG.] 

The following is the return of a levy on an execution : — 

The 8*'* of 9*'^ m° 1642 Leuied in the hands of m' Tho. Euck 
the some of fEower pounds eight shillings six pence for so much due 
by vertue of a iudgmnt of Court from Thomas Oddensell, at the 
sute of John Blakleech, besids Chardge of y® s*^ execution. As p't 
of a greater some In his hands due to Thomas Oddensell, And 
whereas m'" Ruck questioned the paym* of the bill the s«i m*^ Jn° 
Blackleech did pffer to accept of soe much of the bill of exchang, 
w*hout exception not doubling of the paym* thereof p 

Raph Ffogg 

The return is endorsed with the plaintiff's direction as follows : — 

There is moneys in M"" Rucks hands due to Thomas Oddensells 
of a 20'' bill of exchang w'^h I desire yo" to Levy upo, & stay in his 
hands by vertue of yo"^ office to satisfy the execution due unto mee, 
y* I gaue yo" order to take out. Dateed 8*** of 9 m"* 1642 

p me John Blackleach 

\_Essex County Court Files, Vol. I, leaf 8.] 

The following is a bill of costs for service of an execution : — 

A note of Cost and Charges to Samwell Greenfeld from exeter to 
boston and back again for 

y« ordar of Court 5 dayes 00 : 10 : 00 

for y« order 00 : 00 : 06 
meting with disturbanc I was f orst to goe to 

Charls towne for execution which is 5 

dayes mor and 2^ y^ execution 00 : 12 : 00 

for saruing y® execution by y^ officer 00 : 05 : 00 

2 days to douar goinge for y® marshall 00 : 04 : 00 

2 days with aworont 00 : 04 : 00 

somens for wittnes 00 : 00 : 08 

3 men to y^ Court as wittneses & myselfe 00 : 04 : 02 
y« entring Action 00 : 10 : 00 

Sume 02 : 10 : 04 

besids 3 mens Charges 
and myselfe from Exetar 

[^Essex County Court Files, Vol. /, leaf 19.] 



PKACTICE IN MASSACHUSETTS IX 

Criminal proceedings were founded, generally, upon what were 
called " presentments," answering to the modern indictments. The 
following is a copy of a return made by the grand jury. Witnesses' 
names were stated in the margin, 

Salem 27 : 4"^° : 1643 

The presentments of Salem and Lin humbly tendred to this hon- 
ored Court 

of Lin Wee present Zacharey ffitts for keeping great Cattell 
Ro Driuer ^^^ swine in his owne land within a common fence 

Joseph fflood Wee presentt Ould Churchman for liveing 7 or 8 
Jarrate yeares w^hout his wife and for haveing the wife of 
Spencer jj^g]^ 33^5.^ locked w*h him alone in his house. 

Marblehead ^gg present marey Hill for beeing overcom (as is 
Jo. Blanchet supposed) w^h wme 
B. Parmeter 

Salem Wee present John ffreind for strikeing of Nathaniell 
Confessed pitman in his owne house 

Wee present m"^ Downing : Zacheus Curtese, Richard 

Inkersell, John Putnam, Ro. Goodall, Tho : Spooner, 

Tho. Head jy^^^^^n j^ey^ Richard Dauenport, ffrances Perrey, w°> 

Borradge, each of them for putting their Cattell into the 

north Corn feild 

Hen. Walton Wee present Rise Edwards and his wife for incon- 
Ma: Bqurne tinency before marriadge. 

Richard Dauenport 
gr summons 5 of 5 m'' 1643 in the name and w*h the 

to y® Constables seu'ally Consent of the Rest of the 

Grand Jury. 
^JEssex County Court Files^ Vol. /, leaf 17.] 

The following is a summons to criminal defendants and witnesses 

to appear at court : — 

To the Constable of Wennam or his deputy. 

By vertue hereof yo" are to Cause these psons hereunder men- 
tioned to appeare att the next Court held by Adiornm* the 20*"^ day 
of this p'sent month viz Cliristopher Harson being p'sented by the 
grand En quest for vehement suspition of stealing money from m' 
Edw : Tomson. Also Jonas Clay for being adicted to Lying & de- 
ceitf ull dealing And also the witnesses to giue in testimony in the 



X SEVENTEENTH CENTURY COURT PRACTICE 

p'mises viz. m' Tompson & his wyfe, Rumball & his wyfe & wil- 
liam ffisk. And hereof to make a true Returne under yo*" hand 
not to faile Dated the 9^^ day of 12 m° Ann" 1643 

p Curia Raph Ffogg 

On the reverse is the return of the constable : — 

According as this warrant doe express I haue 
Caused these ptyes to Appeare at this courte, 
being the 20**> day of the 12*'' m° 

William Ffiske 
\_Essex County Court Files, Vol. I, leaf 17.] 



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



Court held at Ipswich, Sept. 30, 1656. 

Judges: Mr. Symon Brodstreet, Mr. Samuell Symonds, Maj.- 
Gen. Denison, Mr. William Hubart and Mr. Richard Dummer. 

Jury of trials : Joseph Medcalfe, Tho. Bishop, Andr. Hodges, 
John Denison, John ^4fMams, James Barker, Edw. Hassen, John 
Smith, Will. Hsly, Rich. Dole, Hugh March and Fran. Pabody. 

Grand jury : George Gidding, Richard Jacob, Symon Tomp- 
8on, Moses Pengry, Edward Bragg, Robert Day, John Cheeny, 
Will. Moody, Tho. Smith, Lt. Remington, Will. Hobson, Will. 
Law, Jo. Stevens and Will. Evans. 

Civil cases : — 

Walter Roper v. Stephen Kent, attorney of William Wakefield. 
Review. 

Samuell Graves v. John Fullar and wife Elizabeth. Slander 
done his wife in her name. 

James Adams v. Samuell Bennett. For taking away a cart and 
pair of wheels. Withdrawn. 

James Adams v. Nicolos Pinion. Debt. 

Daniell Clarke v. Allan Perley. For non-performance of work 
by his son. Withdrawn. 

Daniell Clarke v. Mr. William Bartholmew. For not supporting 
a division fence. 

Daniell Clarke v. Mr. William Bartholmew. For a heifer prom- 
ised to his wife. 

John Averill v. Mr. Daniell Epps. For not returning a cow 
which the latter had to winter. 

Robert Tucker v. James Walker. For getting away Jonathan 
Brigg, etc. Withdrawn. 

John Hathorne, assignee and attorney of Nicholas Pinion v, 
Henry Lenourd. Debt. Withdrawn. 

John Vinton, being attached, and writ not entered, was allowed 
costs. 

John Hathorne v. Nicolas Pinion. 

(1) 



2 IPSWICH QUARTERLY COURT [Sept. 

William Evans v. Evan Morice. Slander. 

William Evans and wife Agnes v. Evan Morice. Slander. 

Richard Kimball, in behalf of his son Caleb v. Thomas Par- 
sons. Slander. 

Richard Shatswell v. Richard Kimball, sr., and Richard Kimball, 
jr. Debt. 

Richard Shatswell v. Henry Kimball. For striking his maid. 

Thomas Rowell, in behalf of his daughter Abigail Ossgood v. 
Frances Leach. Slander. Saying his daughter was with child. 
Withdrawn. 

Elias Parkman, being attached by John Williams, acknowledged 
judgment. 

Corp. John Andrews licensed to keep an ordinary at the White 
Horse and to draw wine. 

John Trumble allowed clerk of the writs for Rowley. 

Tho. Dorman fined for not warning the freeman to meet to 
nominate magistrates. 

Silvester Evely fined for neglect of carrying the votes of the 
freemen of Gloster to the shire town. 

Freemen of Wennam fined for not sending their votes for nomi- 
nation of magistrates to their shire town. 

County tax to be levied. 

Mr. John Coggswell acknowledged judgment to William Wylde 
before Mr, Samuell Symonds and Maj.-Gen. Denison, June 20, 1656. 

Witnesses in the case of William Bingly and Elizabeth Preston 
to be paid by the former. 

Hackaliah Bridges, accused by Sarah French of his getting her 
with child, and bound over, being brought by Sergent French, was 
discharged. 

Allen Perley was released from ordinary training, paying ten 
shillings yearly for the use of the company. 

Robert Long and Rich. Browne, both of Newbury, released 
from ordinary training, paying eight shillings each year for the 
use of the company. 

Stephen Webster released from training for one year. 

Richard Loell fined for offering violence to the body of Jane 
Boulton, tending to uncleanness.* 

♦Richard Lowle of Newbury presented, 30 : 7 : 1656. Wit : 
Jane Boulton. 



1656] RECORDS AND FILES 3 

Caleb Johnson of Andover died intestate. Administration on 
his estate was granted to Henry Ingalls. Amount of the inventory 
of the estate, 201i. 8s. 

John Fargasou ordered to be whipped for uncleanness, breaking 
prison and lying. 

Sarah French to be whipped fifteen stripes.* 

Henry Kimball was licensed to keep an ordinary and draw wine 
and strong water at Wennam, 

Nathaniell Stow, attached by Rich. Shatswell, and the writ not 
entered, was allowed costs. 

John Cogswell and Phillip Fowlar consent to an assignment by 
said John of his servant, Thomas Fowlar, to his uncle Phillip 
Fowlar. 

Ordered that Mr. Willson take care to set up a fence at the 
house of correction, and he was impowered to warn men to the 
work. 

*John Fargison and Sarah French, both of Ipswich, presented 
30 : 7 : 1656, for uncleanness together, 

[Presentments, dated 30 : 7 : 1656, and signed by George Gid- 
dinge.t in the name of the rest : — 

John Fargison, for purloining his master's goods, such as malt, 
wool and stockings. Wit : John Andros, sr., Samuel Ingalls and 
Ester Dicks. 

John Fargison, for several lies about borrowing a horse. Wit : 
John Andros, sr., and Edward Bridges. 

Humphrey Griffin, for profaning the Sabbath in unloading barley 
before sundown. Wit : Thomas Fouler and Anne Sawer. 

Edward Bridges of Andiver, for lying, in saying he had got one 
hundred rails for Shawshin bridge. Wit : Hon. Mr. Broadstreet, 
William Ballard and Robert Barnard. Also for saying that he had 
a letter from his father to his master. Wit : Henry Ingalls and 
Thomas Varnum. 

Evin Moris of Topsfield, for reviling the ordinance of God and 
such as are in the church fellowship, " saying when some was to- 
gether keeping a day of Humiliation that they were Howling like 
wolues and lifting up there paws for there Children saying the 
gallows were built for members and members' Children and if 
there had beene noe members of Churches there would haue beene 
noe need of gallows." Wit : James How, jr., John How, John 
Pearley and Mary How. 

Rowley vital records, 1656 : — 

Sarah Phillips, daughter of Samuell and Sarah, born 1 mo : 7. 

t Autograph. 



IPSWICH QUARTERLY COURT [Sept. 

John Palmer, son of John and Margaret, born 1 mo : 15. 
Martha Clarke, daughter of Richard and Alice, born 1 mo : 10. 
Joseph Jewit, son of Joseph and Ann, born 2 mo : 1. 
Sarah Tenny, daughter of William and Katherin, born 7 : 20. 
Mary Spofard, daughter of John and Elesabeth, born 9 mo : 1. 
John Wood, son of Thomas and Ann, born 9 mo : 2. 
Samuell Kilbourne, son of George and Elesabeth, born 9 mo : 11. 
Mary Plats, daughter of Jonathan and Elesabeth, born 9 mo : 11. 
John Burkbie, son of Thomas and Martha, born 9 mo : 16. 
Hannah Jonson, daughter of John and Hannah, born 9 mo : 20. 
Sarah Scot, daughter of Benjamin and Margret, born 11 mo : 1. 
Sarah Pickard, daughter of John and Jane, born 1 mo : 1. 
Henry Ryley married Mary Eletrope, 8 mo : 12 : 1656. 
Nickolas Jackson married Elesabeth Chaplin, Dec. 9. 
Henry Sewell buried 1 mo : 1656. 

Signed by John Trumble.* 
Newbury vital records : — 
Joseph, son of Will. Richardson, born May 18, 1655. 
Sara, daughter of John Poore, born June 5, 1655. 
Christopher, son of Christopher Bartlet, born June 11, 1665. 
James, son of James Jackman, born June 22, 1655. 
John, son of Richard Bartlet, born June 22, 1655. 
Timothy, son of Nicholas Noyes, born June 23, 1655. 
John, son of Georg Little, born July 28, 1655. 
Elizabeth, daughter of John Bishop, born Aug. 1, 1655. 
Sara, daughter of William Ilsly, born Aug. 13, 1655. 
Mary, daughter of William Bolton, born Sept. 25, 1655. 
Sara, daughter of John Pike, born Sept. 13, 1655. 
Hester, daughter of John Bond, born Sept. 3, 1655. 
Ephraim, son of John Davis, born Sept. 29, 1655. 
Elizabeth, daughter of John Knight, born Oct. 18, 1655. 

Sara, daughter of Steven Grenleafe, born 18, 1655. 

John, son of Aquilla Chase, born Nov. 2, 1655. 
Debora, daughter of Tristram Coffin, born Nov. 10, 1655. 
Ruth, daughter of Edw. Richardson, born Nov. 23, 1655. 
Sara, daughter of James Ordway, born Jan. 14, 1655. 
Elizabeth, daughter of Steven Swett, born Jan. 17, 1655. 
William, son of William Savryer, born Feb. 1, 1655. 
Abigail, daughter of David Wheeler, born Feb. 2, 1655. 
John, son of John Webster, born Feb. 11, 1655. 
Hanna, daughter of Samuell Plumer, born Feb. 16,11655. 
Sara, daughter of Mr. James Noyes, born Mar. 21, 1655. 
Henry Fay died June 30, 1655. 
John Wallington died Jan. 6, 1655. 
Thomas Silver died Mar. 3, 1655. 
Elizabeth Morse died Mar. 18, 1655. 

♦Autograph. 



1666] RECORDS AND FILES 5 

CouKT HELD AT Salem, 25 ; 9 : 1656. 

Thomas White of Wenham acknowledged judgmeut in favor of 
Tho. Kobbins, assignee of Willm. Walbridg. 

Richard Kemball of Wenham sworn constable of that town. 

Issac Comings of Ipswich prosecuted Zerubable Phillips for 
breaking his house. Phillips did not appear. Mr. Nathaniell 
Rogers, Humphry Griffin, Jon. Fuller, John Caldwell, John Com- 
ings and Wm. Smith bound for his appearance to the treasurer of 
the county. Bond forfeited. 



Elizabeth Bishop died Mar. 11, 1655. 

John Tilletson married Jane Evans, May 24, 1655. 

Daniell Thurston married Anna Pell, Oct. 20, 1655. 

Signed by Anthony Somerby.* 

Inventory of the estate of Francis Parrat of Rowley, lately 
deceased, taken, 15 : 7 : 1656, by Mr. Joseph Jawet, Max. Jawet, 
Ezekiel Northene and John Smith: House, orchard and home 
lott, 701i. ; 10 Acres in the northeast feild, 401i. ; two Ackers of 
Bastard marsh, 41i. ; two Acres of salt marsh, 51i. ; Sawier's Ilande, 
351i. ; marsh and Broken uplande, 3511. ; at the great plaine, 16 
Akers of lande, 201i. ; ten Akers of medow at the Crayne, lOli. ; 13 
Gates, 131i. ; one Mare, 131i. ; two oxen, llli. ; three Cows, llli. ; 
two steares, 51i. ; two yearling Calves, 31i. 6s. 8d. ; sheepe, 91i. 10s. ; 
eighteene hogs, 151i. ; one Asse, 41i. ; due from Andrew Hadon , 
61i. 10s. ; some Linin, 31i. 13s. 4d. ; A bed with Beding, 51i. ; another 
Bed with Beding, 31i. ; one Bed, 21i. ; malt, 6s. ; hemp and flax, 
Hi. ; sheep woll and Cotten woll, 21i. ; a sword, 10s. ; two tubs and 
a trough, 2s. 6d. ; a payre of scales and weights, 5s. ; one Chest, 
5s. 6d. ; hemp yearne, lli. ; Books, 6s. 8d. ; pots, ketles, hooks and 
a back Iron, 41i. ; peuder, 21i. ; two Jugs and a frying pan. Is. ; 
wooden and earthen vessells, lli. ; foure Cushins, 10s. ; one Cuberd, 
5s. ; one Cart, one plow with other Iron Geares, 21i. 10s. ; Scives, 
3s. ; twelves Ackres of Ry, 121i. ; thirteene Ackers of Corne, 201i. ; 
Hay, lOli. ; fowre hides, 31i. ; for hides Taning, 51i. 13s. Id. ; one 
Musket, 12s. ; a brake, 21i. 6s. ; total, 35711. 5s. There were a few 
things of uncertain value, as a hogshead of sugar, his wearing 
clothes, something in England and 22s. forgotten, for which there 
was as much debt forgotten. His debts amounted to 631i. 9s. 5d. 

John Pickard testified that he advised the widow Melody to 
go to Boston with her son. She answered that she would never go 
from Ipswich.t 

•Autograph. , 

tThis paper was misplaced in the tiles. It refers to the settlement ot 
Thomas Elitrop's estate. See Vol. I, p. 423. 



6 SALEM QUARTERLY COURT [NoV. 

Maj. Willm. Hathorne, Mr. William Browne and Mr. Edmond 
Batter sworn commissioners to end small causes in Salem. 

Present: Mr. Simon Brodstreete, Daniell Denison, Maj. -Gen., 
Mr. Rich. Dumer, assistant, and Mr. Hubbert, assistant. 

Grand jury : Jeffrey Massy, Jon. Porter, sr., Rich. Brackenbery, 
Samuell Aborne and Thomas Watson of Salem ; Lt. Thomas Mar- 
shall, James Axie, Francis Ingalls and Nathaniell Hanford of 
Lynn ; James Moulton of Weuham ; John Sibly of Manchester ; 
John Bartoll of Marblehead; and George Blake of Gloster. 

Jury of trials : Mr. Walter Price, Ens. Willm. Dixie, Willm. 
Flynt, Rich. Bishop, Fran. Skerry, Michaell Shaflin, Willm. 
Dodge, Andrew Mansfield, John Mansfield, Mathew Farrington, 
Thomas Fiske and Thomas Prince. 

Civil cases : — 

John Rodes v. Allexsander Gold. For shooting and killing 
his dog. 

John Rodes v. Allexander Gold. Slander. For saying that 
plaintiff was a cheating rogue and knave. 

Edward Woolland v. William Pitt. For not delivering goods in 
Newfoundland. 

Thomas Robbins, assignee of William Walbridg v. Tho. White. 
Debt. Withdrawn. 

Richard Kemball v. Richard Shatchwell and his wife Rebecca. 
For slander, spoken by said Rebecca. 

Zacheus Gould v. Thomas Cutler. For not paying to Mr. Henry 
Barthollmew 50s. for said Gold and not delivering a mare according 
to agreement. 

Mr. Richard Dumer, executor of Mr. Thorn. Nelson v. Phillip 
Nelson. Review. Withdrawn. 

Elias Stileman, attorney of Mr. John Holgrave v. Thomas Davis 
and Robert Swan. For not paying corn at Boston. 

Edward Pitford v. William Beale. For work done at the mill. 

Mr. Nicholas Davison v. Robert Gutch. Plaintiff had possession 
of the house given him by Mr. Willm. Norton, to whom it was 
mortgaged. Withdrawn. 

John Putnam v. Joseph Gardner. Mr. Tho. Gardner appeared 
for the defendant. 

Roger Haskall v. Giles Corey. Debt. 

Mr. Fran. Johnson, Mr. Moses Maverick and Mr. John Bartoll 
sworn commissioners to end small causes at Marblehead. 



1656] RECORDS AND FILES 7 

George Fraill of Lyn freed from training. 

Macklin Huckstable of Marblehead, dying intestate about five 
months since, administration was granted to Mr. Edm. Batter and 
Mr. Fran. Johnson. Inventory, 291i. 9s. 6d. Insolvent. 

Court held at Salem, 26 : 9 : 1656. 
Capt. Wm. Gerrish sworn commissioner for Newbury. 
Will* of Mr. James Noies of Newbery proved by Capt. Wm. 
Gerrish and Nicholass Noies. Also inventory proved.f 

*The will was sworn to by Robert Long, Nov. 21, 1656, before 
Edward Woodman $ and Nicholas Noyes,J commissioners for New- 
bery : " my will is that my wife shall have the rule and ordering 
w''^ the disposing of all my substance I have ; while she keepeth 
hir selfe in an vnmaryed Condition, And That she will Take coun- 
sayle of my Loving Freinds Cozen Thomas Parker my brother 
Nicholas Noys & W™ Gerrish ; But if she dissposeth hir selfe in 
way of marryage then my will is ; That my Friends Above men- 
tioned shall have the disposing of all for the portions of my wife And 
Children as they shall see meete ; in witnes heareof I have put my 
hand this 17th ocktob : 1656, James Noies." J Wit : Wm. Gerrish,}: 
Richard Browne t and Robert Long. J 

t Inventory of the estate of Mr. James Noyes, teacher of New- 
bury, who deceased Oct. 21, 1656, taken by Richard Knight, | 
Anthony Somerbyt and Benjeman Swett,t and sworn to by Sara 
Noyes, widow of the deceased, Nov. 21, 1656 : The house and 
seaven akers of land adjoyneing with the orchard, lOOli. ; foure 
akers of upland and four akers of meadow, 201i. ; twelve akers of 
marsh or meadow, 301i. ; two akers of arable land, lOli. ; seauenty- 
five akers of upland and meadow, 15011. ; foure oxen, 221i. ; eight 
Cowes, 271i. ; a two yere old steere and two calves, 31i. 10s. ; six 
swyne, 81i. ; ten small swyne & 3 shoots, 61i. ; two mares and colts, 
361i. ; his weareing apparrell, 131i. 6s. 4d. In the parlour : one 
bedsted with two featherbeds, 2 bolsters, 3 pillows, 2 blankets and 
one rugg, with Curtain es & vallons, 151i. ; one presse and a little 
table and a chest with 3 chayres & 3 Joyned stooles, 21i. 10s. ; a 
little carpet and eight turkey worke cushions, 21i. 15s. In the 
closset : A case of bottles and some earthern potts and gaily potts, 
10s. In the hall : One table with a joynd forine and a childs 
chayre and a livery cubbard and benches, Hi. ; a carpet and Cub- 
bard cloth, 10s. ; 3 cushions & apaire of And Irons & tongs & fire 
pan. Hi. In the kitchin : Foure Iron potts with 2 pr. of pott 
hookes, with 2 pr. of Cottrells & a trevet, 21i. ; one Jacke, one spitt, 
an Iron drippinpan with a fire pan, a pr. of and Irons & other 

J Autograph. 



8 SALEM QUARTERLY COURT [Nov. 

Isaack Cozens brought suit against Thomas Treadwell. Defend- 
ant given fees. Mr. Lord was the defendant's attorney. 

Job Hilliard arrested on complaint of John Williams. Not 
prosecuting action defendant given fees. 

Matter between the son of Abraham Whithare and Kobert Gray, 
brought up at last court, reviewed, and it was ordered that 10s. of 
the fine be abated. 

James Paw presented for absence from his wife. The constable 
made return that he had been out of the country some time. 

Contract of marriage between Thomas Nelson of Rowley and 
Joane Dumer, dated 15 : 12 : 1641. 

" Know all men by these p'sents, that whereas there is a Contract 
of marriage betwixt Thomas Nelson of Rowley in New-England 
Gent: & Joane Dumer Spint^ y*' daughter of Thomas Dumer 

small Iron Implements with 2 frying pans, 21i. ; one furnace, a 
brasse kettle & a small brass pot with two warming pans, a brass 
morter and pestle and foure brasse skillets and two brass candle- 
sticks with some other old brasen Instruments, 31i. ; on one shelfe, 
one Charger, 5 pewter platters and a bason and a salt seller, Hi. 
10s. ; on another shelfe, 9 pewter platters, small and great, 13s. ; 
one old flagon and 4 pewter drinking pots, 10s. ; one safe, 2 chayrs, 
one churne and a cheespress with tubs and bucketts and keellers , 
21i. ; 4 barrells in the seller and 2 powdering tubs & a halfe bushell 
& other lomber, Hi. In the kitchin Chamber : One bedsted and a 
featherbed, 2 bolsters, 2 pillowes, one blancket and 2 ruggs, 91i. ; 
a truckle bed and bolster and rug. Hi. 10s.; 2 dozen and halfe of 
napkins & towels, Hi. ; 9 pr. of sheets & 2 table cloths, 51i. ; one 
damask cubbard cloth & towell , 10s. ; one featherbed at the Col- 
ledg with a bolster and 2 pr. of Sheets and 2 ruggs, 51i. ; 4 holland 
pillow bears and other pillowbeares, Hi. 5s. ; six other table 
clothes, great and small, & a bolster case, Hi.; one trunck, one 
chest, 3 boxes & a cabinet and 2 chamber pots, Hi. ; one silver 
bowle & 3 silver spoones & other small peices of silver, 21i. 10s. 
In the parlor chamber : Two boxes, 4 hogsheds, a musket and a 
gun and two swords, 21i. ; a bolster and a quilt & two blanckets and 
a parsell of Cotten wooll, 31i. 10s. In the Hall chamber : In In- 
dian come, a meale trough, a spining wheele & sacks & other lum- 
ber, 21i. ; 4 trayes, 8 spoones, 2 haire sieves & a tiffiny seive, 12s. ; 
corne in the barne, lOli. ; in the study, in books, 301i. ; total, 59711. 
lis. 4d. Debts due to be paid in England, 161i. 10s.; and to be 
paid at Boston & in our owne towne about 401i. ; total, 561i. 10s. 
Debts due the deceased, 60li. Sara Noyes, the widow, made oath 
before Edward Woodman* and Nicholas Noyes.* 

•Autograph. 



1656] RECORDS AND FILES 9 

of Badgeth in old England Gent : and whereas alsoe Richard Dumer 
of Newbery iu New-England Gent hath engaged & bound him- 
self e for y^ payment of two hundred pownds for or towards y® 
marriage portion of the said Joane, as by his bond bearing euen 
date w**^ these p''sents appeareth, Now the said Thomas Nelson 
(In Consideracon of his marriage w*** the said Joane) doth hereby 
bind himselfe his heires Execu*^^ : Administrators & assigues & 
euery of them vnto y® said Richard Dumer his executo''^ admin''s 
& assigues & to euery of them, in y* summe of fower hundred 
pownds, to be paid vnto them or some one of them, in case therebe 
a faileing to pforme the Condicons Following : Viz*. That if after 
the Compleating of the marriage Contract above mentioned, the 
said Joane doe survive the said Thomas Nelson then (Imediately 
upon the death of the said Thomas) the summe or uallue of two 
hundred pownds & Likewise soe much more as the said Thomas 
Dumer shall ad unto the said porcon of two hundred pownds (to- 
gether alsoe w*** what else the said Thomas Nelson shall thinke 
fitt) shall be allowed payed or deliuered unto y" said Joane for her 
owne use behoofe & beneffit, And further that as y® Eldest sonn of 
the said Thomas Nelson shall have a double porcon out of his 
estate, soe the remainder of his estate shalbe equally deuided 
amongst ye rest of the children, as well those as shall be ye Joynt 
issue of them y^ s"^ thomas & Joane (if any such be) as y® other : 
w*''* condicons being performed according to y® true intent & 
meaning of these p^^sents, Then the bond in these p'sents conteined 
shalbe utterly void or els it shall stand remaine & be in full force 
& vertue ; Dated y® fifteenth day of y^ Twelfth month 1641 
" Sealed & deliuered 
in y® p''sents of 

Richard Saltenstall 

Ez : Rogers Tho Nelson 

Wm : Wakefeild 
" M^ : that before y® ensealing & deliuery of y® p''sent Writing, 
it was agreed that the whole porcon that shalbe Rece*^ by the 
aboue named Thomas Nelson shall (upon y® Requirey & according 
to y® aduise of y® Friends of his p''sent Contracted wife) be dis- 
posed & assured for the maintenance of his s^ wife during her life 
(in case she suruive the said Thomas) & afterward to be equally 
devided amongst there Children, but while they both Live it is to 



10 SALEM QUARTERLY COURT [Nov. 

be for there Joynt maintenance, Alsoe it is agreed that y® s'^' por- 
con shalbe Keceiued & disposed of from time to time by the aduise 
of y® friends indifferently of the said Thomas & his said wife ; ec." 
Henry Muddle presented for absence from his wife divers years. 
The constable made return that he had gone out of the county. 

Court held at Salem, 28 : 9 : 1656. 

Anis Chubb and Elizabeth Vinsent of Manchester presented for 
railing speeches, foul language and fighting. Wit : Alice Leech 
and Peter Whithare. Case continued. 

Anis Chubb, with her daughter Deliverance Chubb, and Elizabeth, 
daughter of Abraham Whithare, fined on their presentment for 
abusing and beating the daughter of John Norman, said Chubb 
calling for an axe, saying she would kill her. 

John Pollen of Wenham and wife Bethiah, fined for fornication 
before marriage. 

Elizabeth, wife of John Legg of Marblehead, presented for per- 
niciously belying the wife of Jon. Cleements in the matter of the 
birth and death of a child of hers, because she called none to its 
birth or death. To sit in the stocks. Wit : Mary Cauly, Mary 
Trevit and Goody Clemonts. 

Edward Pitford of Marblehead fined for being disguised by 
strong liquors or wine. Wit : Henry Stacie and Tho. Bowen. 

Henry Cooke of Salem and his son Isaac, presented for beating 
and kicking Sam Abourn and Moses Aborne, sous of Sam. Abourn, 
on the Lord's day. Discharged. 

William Lord, jr., of Salem fined for cruel and much beating of 
James Abbott, servant to Mr. Edmond Batter, with a walnut cud- 
gell, saying he would kill the rogue, when help came to the rescue. 

William Everton presented for drinking tobacco near a barn, 
without doors. He was found to be at sea. 

Bettres, wife of Willm. Canterbery, fined for provoking speeches 
to the wife of John Rouden, calling her " lousie slutt," saying 
she had but one shift, and giving strong suspicion of assaulting her 
person. Said Canterbery's wife, with her daughter, were seen to 
go out with a stick and presently a great cry was heard. A short 
time after, Rouden's wife showed the print of blows. 

John Cantlebery fined for lying in wait and beating the wife of 
John Rouden, coming from behind a bush when his mother and 
Rouden's wife were " in combustion." His mother went away. 



1656] RECORDS AND FILES 11 

and Benjamin Woodrow, being near, heard Mrs. Eouden cry out, 
on the Lord's clay. His father engaged to pay the fine. 

Benjamin Woodrow to sit in the stocks for perjury in the trial of 
the foregoing complaint. 

John Rouden's wife, of Salem, fined for fighting with and beat- 
ing the wife of AVm. Cantlebery on the Lord's day. Phill. Crom- 
well promised to pay the fine. 

John Longclark of Gloster, presented for long absence from his 
wife. He was found to be out of the county. 

Ordered that five shillings be given to the servants of the house. 

Court held at Ipswich, Mar. 31, 1657. 

Judges : Mr. Symon Brodstreet, Mr. Samuell Symonds, Major- 
Oeneral Denison and Mr. Willm. Hubbert. 

Jury of trials : Lt. Samuell Appleton, Serg. Tho. French, Tho. 
Safford, Sam. Younglove, John West, John Trumble, James Bar- 
ker, John Lambert, Willm. Morse, James Packman (Jackman?), 
Robert Long, Tho. Dorman, Will. Howard, Jo. Pike, Ez. Northen, 
Hen. Skerry and Rich. Kent. 

Rich. Doall sworn constable for Newbury and John Dane for 
Ipswich. 

Nicolas Noyse and John Pike sworn commissioners for Newbury. 

Joseph Noyse and Joseph Mussey of Newbury and George 
Farough of Ipswich made free. 



Mary Parcker, aged about twenty years, testified that Henrj' Kim- 
ball never agreed with her for the stripes he gave her until Robert 
Whitman went to her master's house a few days before Apr. '23. 
Sworn before Daniel Denison,* 9 : 24 : 1656. 

Ezekiel Mighill and Philip Nellsoii deposed that they heard 
Mr. Shepard say to John Asy (Acie) that he had better let John 
Pickard alone and not sue him, for he would *' winde out." 

Rebecca Black testified that Willm., Goodman Harraden's man, 
■came in to her master, Wm. Cogswell's house, when people were 
going to meeting on the Sabbath day, and asked her where James 
was. She said," He is gone to meettinge." Then he took a stool and 
sat down before her. Then he rose from the stool, sat in her lap 
and kissed her. She strove with him, and he went to a door and 
looked out. He would not let her go forth. She then went to the 
cradle to see how the child was, to get away from him, and he took 
her by the shoulders, throwing her against the table board, etc. 

* Autograph. 



12 IPSWICH QUARTERLY COURT [Mar. 

Civil cases : — 

Mr. Richard Dummer v. Phillip Xellson. Review of a case tried 
at Salem last June. The question was whether the children men- 
tioned in the memorandum meant the children of their two bodies. 

Phillip Nelson v. Mr. Richard Dummer, executor to Mr. Thomas 
Nelson. For giving a false account of his father's estate at Salem 
court. Verdict for the plaintiff, money damages and two fifths of 
the saw- mill irons, etc.* 

She strove hard with him, scratched and pinched him, and had much 
ado to keep herself from him, etc. He threw her upon a chest that 
stood near ; and she said, " Let me go and look to our children," 
etc. 

Joseph Porter, aged about nineteen years, and John Glover, aged 
about twenty-one years, deposed that the colt that was Mr. Cowes 
was wintered at their farm two years, etc. Sworn, 25 : 2 : 1656^ 
before William Hathorne.f 

* Verdict in Nelson's case. Signed by Elias Stileman,t clerk. 

Writ : Mr. Richard Dumer v. Mr. Philop Nelson. Review, con- 
cerning an account as executor of the estate of Mr. Thomas Nelson,, 
deceased ; dated 7:1: 1656-7 and signed by William Howard,t for 
the court. Served by Edward Browne,t marshal of Ipswich, Mar. 
25, 1657, by attachment of a gray mare, a black mare colt with a 
gray tail, and a reddish mare with a black tail, branded with R. D. 

List of articles not formerly demanded : Due to Mistress Nelson 
after her husband's death, before the will was proved, for the rent 
of the mill, 181i. 15s. ; for rent of 2 acres of land to sett a house 
on & meddow & upland at mill, 31i. 7s. 6d. ; to ye same land 5 
yeares & a halfe m.ore, 141i. 17s. ; for ye use of ye mare & Cowes for 
a year & qu., Hi. 17s. ; for 200 li. due in August, '48, not payd till 
September, '51, 23711., etc. 

•' m'' Dumer there is due from m"" Nelsons farnie at Crane meadow 
2" 4* 10** of which || we || desier you to pay 8s. to Brother swan 
to Brother Dickinson 8s. lOd, and y« remainder which is 1" 8*** 
O** to Brother Tod 

" from those which laid it out 

" William Hobsonf 
Thomas Dickansonf 

in the name of the res*'^ 

Richard Dumer's bill of charges in the review against Mr. Phillop 
Nelson. 

Account concerning personal estate in Old England and New 
England, the fence at the warehouse, old saw mill fences, etc. 
Philip Nelson is creditor for clothing and education. Money due 

t Autograph. 



1657] RECORDS AND FILES 13 

from Mr. Jewitt, John Pickard and Goodman Spaford, and many 
cattle. 

Account of the estate of Mr. Thomas Nelson, deceased, debtor, 
presented to Salem conrt by Mr. Richard Dumer, June — , 1656, 
upon suit of Philip Nelson, rectified: The mill and all that be- 
longed to it, appertaining to Mr. Nelson's widow from Aug. 6, 
1648, the time of her husband's death, until the accounting to the 
General Court, 181i. 15s. ; the rent of 2 acres of ground in the pond 
field, 3 acres of land at the mill and 7 acres of meadow all belong- 
ing to the widdow (by bequeathment of the mill and otherwise), 
the Income thereof being brought into the estate as agent for a 

yeare & Quarter, ; the same lands for 5 yeares & 1-2 being Im- 

prooved, the Income thereof went to the estate, ; the benefit 

of the mare bequeathed to the widdow with the 4 best Cows, for 
one yeare & Quarter (the which was accounted to the Estate as 

Agent,) ; a piece of stuffe sent to the widdow by her father for 

a gowne but being taken into the Inventory, ; there being much 

money laid out upon the mill in stones, Timber, Ironworke to the 
value of 341i. 17s. lOd. by the which the mill will remaine bettered 
at least twenty yeares & also the said mill thereby Advanced in 
price above lOOli. to the estate, but the Widdow having had the use 
of the said charge laid oiit in the mill neare 3 yeares, she may al- 
low 51i. 16s. 2d. but the rest of the charge the estate ought to allow 
which is 291i. Is. 8d. ; to money paid the widdow in England given 
her by will, lOli., & the Interest of it for 3 yeares & one month, 

Hi. 10s. lOd., ; a silver bowle to the Widdow, 21i. 10s. ; a choice 

mare, 121i. & 4 of the best Cows, paid in England, ; a Joynter 

by bond to the Widdow due to be paid in August, '48 but not paid 
until September, '51, the sume of 2()01i. with Interest for 3 yeares & 

one month, ; charges in England from South-hampton to Yorke 

& Hull which is 400 miles (18 dayes), with the hire of three 
horses & 2 men & expences to Endeavour to gaine the money due, 

; money paid to an Agent in England for getting the said 

money afterward, ; money to proove & Record the will in Eng- 
land, ; a Voyage Into England to gaine the said money with 

charges thereupon (not before mentioned), ; money due upon 

the ballance of the Account as agent in Octob., '49, under the hands 
of the worshipful Mr. Symonds & Captaine Bridges, a Committee 
of the Generall Court, 301i. of the said Account paid in England, 

; pay to Francis Parrat, ; breaking up land in the home 

f eild by Goodm. Boise, ; 23 rods of 5 rayle fence & carrying 

it by Goodm. Longhorne, ; posts making & setting up, 

; to walling the sellar, propping the fence & thatching the 

house, ; laying out the farme at Crane meddow, ; Record- 
ing the will & Inventory at Ipswitch, ; charges at Ipswitch at an 

arbitration with Goody Crosse, ; the Executor for his paines 

for 6 yeares, sallery formerly allowed by the Court, ; debt due 

to Mr. Thomas Dumer in England when Mr, Nelson dyed beyond 



14 IPSWICH QUARTERLY COURT [Mar. 

his present estate did pay, ; an oxe twice charged, both in the 

Account as Agent & also in the Inventory, 91i. ; old metal, 4s. lOd. ; 
legacie of lOli. to Philip & to plate to Philip & Thomas, 31i., . 

Copy of will of Thomas Nelson, dated 6:6: 1648, and proved 
Mar. 31, 1657. 

Copy of statement relating to a marriage contract of Joane Dumer 
of Newbery with Thomas Nelson of Rowley, gent., and a bond 
of Thomas Nelson, for two hundred pounds, to Richard Dumer of 
Newbury, in trust for said Joane ; and said Jone Nelson* certified 
that her husband died, leaving for her in his will four of his best 
cows, one of his best mares, ten pounds to build her a house and 
the use of two acres of ground in the pond field of Rowley to put 
it on, in all about 501i. ; also a silver bowl appraised at 50s. ; all of 
which she acknowledged to have received near Southampton, in 
Old England ; dated July 1, 1654. Wit : Tho. Dumer, sr., Tho. 
Dummer and Hester Dumer. Copy acknowledged Apr. 28, 1657, 
before Robert Lord.* 

The following is from a copy on file : — 

" february 20^" 1654 

" Reced of my vnckle Richard Dumer by the hands of cousen 
Thomas Dumer these sumes hereafter mentioned for & toward the 
mayntenance of my two children Samuell Nelson and marsy Nel- 
son being monyes issuing out of the Intrest of their portions first 
the som of Twenty eight pounds and seaventeene pounds and 
Twenty pounds being in all sixty five pounds which is all I haue 
receiued since my husband dyed I saye 65" 0* 0**. 

" Witnesses, Tho. Dumer, Hest'' Dumer. 

"Jone Nelson." 

Statement by the executor of grounds for review. A boy was 
sold for eight pounds, concerning whom no clear account could be 
given whether he belonged to Mr. Nelson's estate. 

An answer to the demandes upon account of Mr. Nelson, action 
of Revew of Mr. Dumer : First wee grant the some to be 25511. ; 
2th, we affarme we know but of 18s. 8d. received ; 3th, we dis- 
owne & affeirme it to be but 21i. 9s. ; 4th, by money in England we 
owne, 53011. ; 5th, we owne it to be but llli. 10s. ; 6th, for rent of 
the farme for six yeares we owne but 22211. ; 7th, Concerning the 
advance of the 53011. with the use (We Conceive that is errationall) 
for ther ought first to be the debts deducted payable in England 
which is to the some of 37711. 7s. lOd., as appeares in the plan- 
tivses account, then ther remaine to paye use & advance for 15211. 
12s. 2d., for 4 yeares & i^ at 4011. f>, cent., 601i. 17s. ; 8th, Concern- 
ing the Improvement of the 25511. 4s. 3d. of psouall estate in New 
England, ther is also a falicie, for first the debts must be deducted 
& also the dead goods, which sayd debts besides the 37711. 7s. lOd. 
befor expressed amounteth to 14811. 18s. and of the dead goods, 

•Autograph. 



1657] RECORDS AND FILES 15 

461i. 17s. 5d. ; then ther Remaine to paye use for but 591i. 8s. lOd. 
which at 51i. "^ cent amounteth but to 19s. 5d. ; 9th, concerning use 
for the rent of lands lying in hand, the highest demandes can be is 
but for 5 yeares which amounteth to 151i. 12s. ; 10th, Concerning 
the use for the money in hand for fences, we owne but 18s. 8d. re- 
ceived for the other fence Concerning goody Crosse that is not 
received to this time & besides it is but 49s. when it doe Com, 
then ther is to be for use of 18s. 8d. in hand for 7 yeares, 6s. 6d. ; 
11th, concerning the saw mill Irnes for what they ware they are in 
kinde & have binn offered to them & therefore nothing to be 
alowed; 12th, concerning the boy, we denye him to be Mr. iSTelsons 
esstate, haveing now examined it which we Could not soe fully 
deny at Salem court ; the psonall esstate in New England, debts 
deducted, 1061i. 6s. 3d. ; the warehouse fence, 10s. 8d. ; Goody 
Crosses fence, 21i. 9s. ; the 53011. in England, debts deducted, 15211. 
12s. 2d. ; the incom of the mill, 11 mo. after the widow dyed, llli. 
10s. 2d. ; rents for the farme for six yeare, 12211. ; for advance & 
use of the money in England, 601i. 17s. 6d. ; use of the money in 
New England, 21i. 19s. 5 l-2d. ; use of the rent of lands, 1511. 12s. ; 
use of 18s. 8d. for 7 yeares, 6s. 6 l-4d. ; total, 475 li. lis. 8 3-4d. 

Mr. Nelson's 2 fifths is just 19011. 4s. 8 l-4d. & lOli. legisie & 
use, 1311., 20311. 4s. 8 l-4d. ; his debt to clothing & other disburse- 
ments, 15811. 17s. 6d., more debt for use of the same, 221i. 10s., 
18111. 7s. 6d. ; due to ballance, 2111. 17s. 2 l-4d. ; Mr. Nelson re- 
ceived by judgment, 22911. 10s. 4d. & one yeares rent of land, 23711. 
14s. 4d. ; due to plaintiff, 21511. 17s. 1 3-4d. 

Copy of Mr. Richard Burner's account of Mr. Nelson's estate, 
which was left in the hands of the said Mr. Dumer upon Mr. Nel- 
son's going into England, returned by Samuell Symones and Robert 
Bridges, a committee appointed by the General Court. Dated, 25 : 
8 : 1649. Copy attested, Mar. 12, 1656, by Samuel Symonds.* The 
account : Book for Phillop Nelson, Is. 4d. ; Willm. Boynton for 
work, 7s. 6d. ; sumering 8 Cattle, 211. ; Willm. Jackson, 7s. ; Good- 
man Bradstreet, 16s. ; Mr. Rogers for Corne, 3s. ; for Teching the 
Children, 10s. ; for paper & threed, 4s. Id. ; Robt. Heaselington, 
7s. ; stockings, buttons. Gotten & other things for the Children, Hi. 
8s. 6d. ; Capt. Bridgam for oates, 3s. ; to Mathu Boyse for a debt 
that was oweing by the towne, 1411. 10s. ; for fence at pentockitt, 
21i. 12s. ; to the ministry, 41i. 4s. ; teaching the Children, 311. 3s. 
4d. ; Humfery Rayner, 3s. 9d. ; nayles, 6s. lOd. ; the menisters rate 
in May, '48, 31i. 9s. 6d.; Cutting the Children's heare, 3s.; Humfery 
Rayner, 2s. 3d.; neckcloaths & shirtts for the Children, 211. 5s.; 
making bands, mending shouses & Close, 3s. lOd. ; Capps, stock- 
ings, shouses for the children, Hi. Is. 2d. ; new shouse & mending 
ould, 15s. 6d. ; dyet for the 2 boyes from novemb., '47 to Maye, '48, 
61i. 12s. ; for wintering 19 Cattle & 6 horses in the yeare '47, 141i. 

♦Autograph. 



16 IPSWICH QUAKTERLY COURT [Mar. 

4s. 8d. ; the Constables rate, 2d mo. '48, Hi. ; Tho. Miller & Mark 
Prince for the mill dam, 10s. ; Joseph Juitt for books & other 
things for the Children, 6s. 3d. ; Mr. Brock for teaching the 2 
boyses, Hi. 10s. ; Cloath for 2 sutes & makeing them for the Child, 
41i. 15s. ; Joseph Juitt for the mill dam, 161i. ; the Children dyet to 
goodman Farrit, 131i. 14s. ; move to goodman Parrit, Hi. ; my owne 
expence of time & otherwise to order Mr. Nelsons esstate before 
his death, 131i. 6s. 8d. ; Ed. Calton for the time he was Imployed 
aboute Mr. Nelsons busines, Hi. 10s. ; Rich. Longhorne for worke, 
4s. ; seed rye, 6s. Id. ; mending Closes, 2s. 4d. ; drauers, stockings, 
Cassack & sute mending, 8s. lOd. ; mending shouses, 5s. 6d. ; payer 
of shouses, 3s. 8d. ; the Children's dyet from 15 : 11 : '48 to 1 : 3 : 
'49, 4li. 10s. ; the towne rate lOmo. '48, Hi. 3s. ; Cloath for 2 great 
Cootts for the boyses with buttens, silk threed, loops & making, 
31i. 7s. 7d. ; sumering 11 Cattle in '48, Hi. 18s. 6d. ; winter- 
ing 11 Cattle in the year '48, 7li. 6s. ; wintering one oxe, 
Hi. 5s. ; sumering 4 meares & 2 coults & seeking of them. Hi. Is. ; 
wintering 8 meares & Coults, 41i. ; my Charges aboute Mr. Nelsens 
busines since he dyed, 51i. ; a shert for Tho. Nelson, 4s. 6d. j to 
Tho. Miller & Mark Prince for uphoulding the mill dam, 10s. ; a 
towne rate in the yeare '49, Hi. 3s. ; a Contry rate in '49, Hi. ; 
stockings for Tho. Nelson, 3s. 6d. ; shouses for Tho. Nelson, 3s. 8d.; 
Mr. Johnson for teaching the Children, 15s. ; Mr. Hadden for teach- 
ing the Children, 19s. lOd. ; John Spaford for worke, 4s. lOd. ; 2 
payer of stockings & shouses, lis. 8d. ; Franc. Parritt for dyat 
for Phillop Nelson, 21i. ; a payer of shouse & mending a payer, 
4s. lOd. ; mending a payer of shoues for Phillop Nelson, Is. ; sent 
into England for the release of Mrs. Nelson & her Children, by the 
Consent of Mrs. Bellinger, 301i. ; received, 28211. 4s., disbursed, 
30311. 19s. 2d., due to balance, 2 Hi. 15s. 2d. 

Disbursments by Mr. Rich. Dumer for Mr. Tho. Nelson from 
Dec. 6, 1645 to the last of Sept., 1649 : Eor Beefe, 201i. 10s. ; 
suger & Cotten woole, 14s. ; a payer of Cart wheels, Hi. ; his pas- 
sage to England, 51i. ; butter & cheese, 2s. 8d. ; fruit, suite & mault, 
4d. ; ginger, green & drye, 7s. 4d. ; 24 bushils of wheat. Rye, Indian 
& oates, 41i. 19s. 6d. ; fenceing neer the mill, Hi. ; fruit & suger, 
5s. ; beefe, Hi. 7s. ; Cloath for John Johnson & blue lining & salt, 
lli.'3s. 9d. ; Joseph Juitt for stuff, 31i. 14s.; Mr. Shewell & Georg 
Gould wy re, 14s. 5d. ; Edward Carlton, Hi.; Mr. Cutting, 5s.; 
beaver sent to England for Mr. Nelson's use, 201i. ; bayses & blue 
lining, 14s. 7d. ; Mrs. Nelson & her Children when they went to 
England, 71i. ; Caring down the goods to Boston, 12s. ; nayles for 
the mill, 5s. ; for stockings, sope & blue linen, 19s. 6d. ; John Rem- 
ington for worke at house & mill, 31i. ; Rich. Lighton & Will. 
Scales for worke, lis. 2d. ; Willm. Law & for rebond & stockins, 
10s. 2d. ; horse shouses & shouing, 4s. ; the milch of a Cow, Hi. 
5s. ; a goate, 13s. ; to Antho. Sumersby for sadle mending, 4s. 6d. ; 
shouses & stockings for Philop Nelson & Jo. Johnson, 10s. 6d. ; 



1667] BECOEDS AND FILES 17 

shoues & hard sope, 5s.; making 7 shertts, 2s. 8d. ; a bedteeck, 13s. ; 
uayles for the mill house, 12s.; shouses mending, Is. 6d.; John 
Dresser, 2s. lOd. ; John Trurable, 3s. ; C loath for the Children, 
16s. ; Willm. Boynton & James Barker, Hi. ; John Boynton, Ss. ; 
shouses mending, Is. lOd. ; a towne Rate, Hi. 9s. lOd. ; teaching 
the Children & paper, Hi. 15s. ; more for teaching the Children, 
Hi. 10s.; the ministers rate, 41i. 19s. ; fire wood to the scooel, 3s. ; 
Tho. Millerd for worke. Is. lOd. ; Sara Glover, 3s. 8d. ; shouses & 
Inkhornes to the Children, 4s. 4d. ; the deakens & Robt. Hunter, 
3s. lOd. ; Rich. Swan & bricks, 8s. 4d. ; Willm. Boynten & for 
Canvis, 5s. lOd. ; Rich. Longhorne for work. Hi. 17s. lOd. ; dyet 
for 2 Children one yeare, 151i. 12s.; Isaac Cossens & Ez. Norden, 
Hi. 2s.; mending shouses & stockins. Is. ; John Johnson, Hi. 13s. ; 
John & Robt. Hasslington for fencing, lis. ; seates in the meting 
house, 5s. ; a garner in the barne, 21i. 6s. ; John Tod in Rye, 3s. ; 
for mending Children Close, 2s. ; a payer of shouses, & worke by 
Will. Tennee, 10s.; John Remington for worke, Hi. 16s. ; 2 payer 
of shouses, 7s. ; to humfery Rayner for Taning of hides, 10s.; the 
menisters Rate, 51i. 10s. ; worke at the mill dam, lOli. ; mending 
shouses & Closes, 3s. ; Ed. Carlton, Hi. 2s. ; John Spaford, 16s. 

Copy of contract of marriage of Thomas Nelson and Joane Burn- 
er, dated 12 : 15 : 1641, as recorded by Robert Howard, notary pub- 
lic, Mar. 3, 1656. 

Richard Swan deposed that he bought a couple of oxen of Mr. 
Dummer about two years after Mr. Nelson went to England, aud 
they were Mr. Nelson's oxen. Sworn in Ipswich court, 31 : 1 : 
1657. 

Joseph Jewett deposed that he gave to Richard Dummer after 
the rate of ten per cent, for eighty pounds, which said Dumer should 
use for Mr. Nelson's children for one year. Sworn in Ipswich court, 
31 : 1 : 1657. 

John Pickard* and Richard Longhorne* certified, 12 : 11 : 1656, 
that the seven acres of meadow at Rowley mill were worth fifteen 
shillings a year, and the little field by the dam's side at the mill 
was worth the same when they rented both with the farm. The 
three acres called Pond field which they hired with the farm, they 
let for twelve shillings per acre, all the time they had it, which 
was five years. 

"The Testimony of Daniell Elly aged about 23 or 24 years: 
Cancerninge what I [in margin ' London'] remember of M"^ Nelsons 
estate at either by sight or circumstance, I beinge 'his seruant I am 
priuie to some things, as one hogshead of yorkeshire woolen cloath, 
and the payment for four passengers, and earnest giuen for some ap- 
parrell, and tools for his trade of sope boilinge, and for two feather 
beds ; and I hope he had wherewith to pay for them and likewise at 
home, some other feather beds fitted, with the prouision for the uoige, 

*Autograph. 



18 IPSWICH QUARTERLY COURT [Mar. 

and my master liinge some time, before the ship was redy, the hogs- 
heade of cloath was fetched of abord againe, and ten pounds of the 
passage payed to my mrs and halfe a passage by one that came 
hither, and for myself eight pounds : 

" Taken upon oath this 9**^ of the 4^'* month before mr Ri : Bel- 

lingha dep* gov"" — 1656 London in the margent was on the 

oath before my subscription : Ri : Bellingham this beinge a true 
coppy of the original in my hand." 

Richard Longhorne deposed that there were ten oxen left for Mr. 
Richard Dummer's disposing at Mr. Nelson's when Mrs. Nelson 
went to England ; which oxen said Dummer took into his posses- 
sion. Sworn in Ipswich court, 31 : 1 : 1657. 

John Pickard and Richard Longhorne deposed that the homefield 
was let to Ezekiel Northeu for twelve shillings an acre a year ; also 
that fifteen acres of the warehouse lot was let for ten shillings an 
acre, and the other nine acres for eight shillings. Sworn by 
John Pickard, 31 : 1 : 1657. 

Writ : Philip Nellson v. Mr. Richard Dumer, executor of Mr. 
Thom. Nelson, dated Mar. 19, 1656-7 ; for giving in a false ac- 
count of his father's estate at Salem court ; signed by Robert Lord,* 
for the court, and served by Edward Browne,* marshal of Ipswich, 
Mar. 23, 1656-7. 

Answer to Mr. Richard Dummer's objections : That the widow did 
not have her two hundred pounds which were allowed her, because 
she had received the whole and given acquittance to Mr. Dummer ; 
the party being dead, the power of attorney is of no force ; that 
he was Mr. Nelson's servant, and that Dummer acknowledged the 
same ; the money was given the widow to build a house, which she 
never did, therefore neither principal nor profit was due. 

Copy of power of attorney, signed by Jone Nelson, of the parish 
of North-Stoneham, in the county of Southh[ampton], widow of 
Thomas Nelson, late of Rowly, gent, deceased, appointing her uncle 
Richard Dumer of Newbery falls in New England, gent., her attor- 
ney, to obtain one-third of land, etc., of said Thomas Nelson's estate 
as dower, and what was bequeathed by will to three of the children 
of her and her said husband, deceased, viz : Marcy Nelson, John and 
Samuell Nelson. Dated, Mar. 26, 1650. Wit : Christr. Walleston, 
mayor of Southton, Roger Poiblsy and Tho. Dumer. Copied from 
the original. May 2, 1657, by Robert Lord,* clerk. 

Estate of Mr. Thomas Nelson of Rowley, deceased, who left an 
estate of l,1311i. 15s. 5d : Improvements on the land since 1649 
until 1655, for the farm at Rowley, 10611. ; for Mr. Nelson's mill 
from 1:9: 1650 to end or 7 mo. 1655, 601i. Disbursements : Due 
to me on a former account, and for journey to England, 211i. 15s. 
2d. ; three rates for the mill, lis. 7d. ; 20 rodd and a halfe of fence, 
Hi. Is. ; carriage of timber for the mill, 12s. ; To Mr. Juite for writ- 
inge, 4s. ; nailes for the mill, 9s. 4d. ; leutenant Remington for 

* Autograph. 



1657] RECORDS AND FILES 19 

worke at the mill and going to the Bay, llli. 10s.; to Goodman 
Pecker for 14 dayes worke about the sellar, Hi. 8s. ; Goodman 
Cousins for mendinge, making bills and other worke about the 
mill, Hi. 2s. ; ninescore foot of board and fetchinge them from Ips- 
wich, lis. ; millstone burs and plaister and bringing them from 
England, 121i. ; bringing said burrs and plaister from Boston 
to Rouly mill, 21i. 10s. ; provision for making the stones, 6s. ; 
paied to Marke Prime for maintaniuge the mill damme, 10s. ; 
Francis Parrot, 4s. ; marchant Jewet for white leather about the 
mill, Is. 4d. ; six penny nails and halfe a hundred of clabords at 

the mill, ; to the smith of Ipswich for boxes for the mill, 

10s. ; for a rate for the mill to the towne of Rowley, 4s. ; Rates, 
yeare '52 upon the mill, to the church, 21i. 13s. lid. ; hoopinge the 
millstones and mending the measure, 6s. ; paied to Goodman fun- 
nell for makinge the millstones and for diet and for stronge beare 
for those that help him, 131i. 6s. 3d. ; To Goodman Law for his 
worke about the stones, 12s. ; rate for the towne of Rowley for the 
mill, 8s. 6d. ; To Goodman Prime for helpe about the millstones, 
12s. ; rate for the church, first month, '53, 9s. 4d. ; Marke Prime for 
maintaning the mill damme, 4 month, '54, 10s. ; more lade out to my 
agent for the getting the mony in England, llli. 4s. ; for writinge 
about sellinge and letting the mill and time spent, 10s. ; 7 month, 
'54, for a rate for the mill, 5s. ; for the maintenance of the widow 
and sent into England for the children, 691i. 4s. 6d. ; for breaking 
up land in the pond feild to Goodman Boyes, Hi. 6d. ; to Richard 
Loughorne, for 23 rod of five raile fence and carting it, Hi. 14s. ; 
for making and setting up of 92 posts. Hi. 10s. 8d. ; for wallinge 
the sellar, thaching the house and propinge the fence, Hi. lis. 6d. ; 
for laiing out 50 acres of medow and a farme at Crane medow, 21i. 
4s. 6d. ; recordinge the will in England, Hi. ; makinge and mend- 
ing of mill bils when the stones was made, paid to Rowley smith, 
5s. 4d. ; for my pains, 6 years, 61i. ; total, 16511. 6s. lOd. Legacies 
paid, 26711. 15s. Remaining to the credit of the estate, 86411. 5d., 
and which was to be divided into five shares, Philip Nelson to have 
a double portion. Received of Goodwife Crosse for fence against 
the home feild of Rowley, 21i. 19s. ; for sawmill irons and fencinge 
of the warehouse lot, 18s. 8d. Copy by Samuell Archard,* marshal. 
Two-fifths of the Land due to Philip Nelson by will : Two-fifths 
of personall estate in New England, 25511. 4s. 3d. ; fence at the 
warehouse, 211. ; Goodwife Crosse fence, 211. 19s. ; mony in England, 
63011. ; rent of the mill one year, 1411. j rent of the farme six years, 
12611. ; by use of the 53011., 21211. ; improvement of 25511. 4s. 3d., 
6 years at 5 per cent., abating 4611. in dead goods, 6211. 14s. ; pro- 
fits of money as rents, etc., 221i. 10s. ; improvement of money for 
fences, 7 years. Hi. 15s. ; saw mill Irons, 711. ; for a boy out of Eng- 
land, lOli. ; total, 49411. 16s. lOd. Ten pounds left by will and 
improvement, 1311. 

* Autograph. 



20 IPSWICH QUARTERLY COURT [Mar. 

Received by Mr. Richard Dumer out of Mr. Thomas Nel- 
son's estate from 6: 10: 1645 to last of 7th mo: 1649: 
For suger, pentados & Cambrick, Hi. 3s. lOd. ; ginger & Indico, IIL 
10s. lOd. ; received of Mr. Sparhoake, 81i. lis. lid. ; for a pt. of the 
vessell wch. was sould, 4]i. 10s. ; received for the hire of the ves- 
sell, 71i. 8s. 3d. ; cloath, 41i. 4s. ; 6 hatts, 31i. 12s. ; received of Maj. 
Gibings, 121i. 4s. ; received of Jeremy Nothend, 12s. ; of John New- 
mash, lli. 15s. ; househould stuff to Job Clemens, 91i. 5s. 5d. ; house 
&land to John Palmer, 161i. ; for a Cow to Joseph Juitt, 41i. 15s. ; a 
payer of Steeres to John Remington, lOli. 5s. ; leather from goodman 
Reiner, lli. 10s. ; 2 Calves to Mathu Boyse, lli. 12s. ; leather from 
goodman Parrit, 9s. ; Cloath for 3 Cassiks, 16s. ; for 2 bushils of pease, 
6s. lOd. ; Corne from the mill, 2s. 9d. ; wheat & Rye, lOli. 15s. 5d. ; 
pease, lli. 7s.; wheat, 3s. 9d. ; Corne, 81i. 14s.; Corne, lli. 17s.; 
ould mettle, 4s. lOd. ; Corne, 13s. ; one black Cloake, 21i. ; Corne 
from the mill, 15s. 3d. ; John Dresser, 10s. ; swine, 31i. 15s. ; Cloath, 
5s. ; mault, 10s. 6d. ; Corne from the mill, 111. 12s. ; toule Corne, 9s. 
6d. ; the Exchang of Cloath, 7s. 6d. ; a hide, 13s. 6d. ; Corne, 8s. ; 
hopps & Indian Corne, 7s. ; rent of the farme and 6 oxen for one 
yeare, 201i. 16s. 8d. ; Corne, 21i. 15s. 4d. ; a Cow, one yeare, lli. 5s. ; 
Corne for rent, 51i. 16s. ; paye of Rich. Clark, 7s. 2d. ; a Cow, 41i. 
5s. ; Isaac Cossens, lli. ; a silver sault sould, 21i. ; 6 Coshings, lli. 
10s. ; land of Goodman Swan, 21i. 5s. 8d. ; received upon account, 
81i. lis. 3d. ; a bull, 41i. 13s. ; rent for 2 oxen, 21i. 10s. ; Goodman 
Goffe, oli. ; of the miller, 291i. 12s. ; rent for land at the mill, lli. ; 
rent for land, 41i. 10s. ; rent for a Cow, lli. 5s. ; for one oxe, 71i. 
10s. ; rent for Cattle in '48, 21i. 8s. ; Rich. Longhorn for rent, lli. 
18s. ; Rich. Holmes for rent, lli. 2s. 6d. ; more for rent, 5s. 6d. ; 
Hugh Chaplin, 10s. ; James Bayley, 6s. ; rent for one cow, lli. 2s. ; 
for 2 horses sould, 201i. ; for haye, lli. Is. 6d. ; Ezek. Norden for 
rent, 41i. Is. 2d. ; Willm. Law for rent, lli. : John Spoffer for rent, 
lli. Is. 4d. ; for 2 gates, 3s. ; of Ezek. Northren, 31i. ; for one oxe, 
91i. 10s. ; more received for Cattle, 51i. 7s. ; by 2 oxen sould, 141i. 
10s. 

Copy of lease of Richard Dumer of Newbury, gent., to John 
Pearson of Rowley, carpenter, one-half of the corn-mill of Rowley 
and one-half of the land belonging to the mill and two cow com- 
monages for ten years ; and if either of the stones shall break, ex- 
cept through neglect of the lessee, Dumer is to pay one-half for 
mending the same ; five pounds in corn annually for rent. Dated, 
1:5: 1654. Not signed, but witnessed by Joseph Jewett and 
William Howard. 

Ezekiell Northen deposed that Mr. Richard Dummer told him 
that Mr. Joseph Jewet and Thomas Barker were willing to allow 
eight pence a rod for the fence, but nothing for carting it, etc. 
Sworn before Daniel Denison,* Mar. 31, 1657. 

Marke Prime deposed that the last year before Mr. Nelson went 

* Autograph. 



1657] RECORDS AND FILES 21 

Civil cases : — 

John Fullar and Mr. Nathaniell Rogers, assignees of Zerobabell 
Phillips V. Isaack Comings. Debt.* 

John Fuller v. Isaack Comings. Appeal from judgment of 
Mr. Symonds.f 

away, on an accounting he asked deponent what one-half of the 
profits of the mill came to for that year and Prime answered six- 
teen pounds, and agreed to keep it on the same terms for Mr. Rich- 
ard Dumer, etc. Sworn before Samuel Symonds. Copy by Samuel 
Archarrl,+ marshal, 23 : 4 : 1656. 

John Person deposed that for the first quarter of a year after he 
bought one-half of the mill of Mr. Dumer, he hired Marke Prime 
to keep her and the profit was lOli. for that quarter. The income 
for the remaining three quarters was 251i. 14s. Sworn before Sam- 
uel Symonds. Copy by Samuel Archard.J marshal, 23 : 4: 1656. 

Eze. Norden deposed about a brown ox of Nelson's that was ap- 
praised at 91i. ; that he rented the Pond field in Rowley, etc., and Mr. 
Dumer had hay off of it, etc. Sworn in Ipswich court, 31 : 1 : 1657. 

*Zerobabell Phillips t assigned to Mr. Nathaniel Rogers and 
others a debt due from Isaac Cumings, sr., and a cow in the hands 
of John Rise of Dedham, as security for said Phillips' appearance 
at court ; dated Oct. — , 1656. Wit : Daniel Denison.J 

Writ : John Fuller and Mr. Nathaniell Rogers, assignee of Zero- 
babell Phillips v. Isaac Commings; served by Edward Browne,!: 
marshal. Mar. 23, 1656-7. 

Thomas Averiell deposed that he heard Goodman Cummins ac- 
knowledge that he owed 51i. 2s. 6d. to Zerobabell Phillips for his 
son Isaac, to be paid in wheat. 

On 15 : 8 : 1656, Zerobabell Phillips acknowledged that he owed 
Rob. Crosse, and was to deliver the debt in wheat or barley at Mr. 
Barthellmue's in Ipswich. Will. Perkins and John Cummins wit- 
nessed receipt of Rob. Crosse. J 

Bondsmen of Zerobabell Phillips empowered John Fuller to bring 
suit for him; signed by Willam Smyth, J Nathanel Rogers, J 
Humphrey (his mark) Griffin, John Fuller J and John Caldwell ;{ 
dated, Mar. 30, 1657. 

John Cumins deposed that being with John Fuller and the other 
eight at the house of Zarobabill Phillips, Cumins heard them say 
that they had appointed his father to pay some money to Mr. Hub- 
bard, etc. Sworn at Ipswich court. 

Thomas Averell deposed that before Zerobabell came to answer 
before Mr. Symonds, Robert Crose met Zerobabell and the latter 
had given power of attorney to Corporal Androse, etc. 

t Reasons of appeal by John Fuller, J Mar. 25, 1657. Received 
by Samuel Symonds. 

JAutograph. 



22 IPSWICH QUARTERLY COURT [Mar. 

Robert Lord v. James Howe. 

Francis Johnson v. Mr. Roger Connatt, Peeter Palfry and Nath. 
Pittman. Review of a case tried at Salem in November, 1655. 
Plaintiff appealed to the next Court of Assistants at Boston ; bond, 
lOOli.* 



William Moare, sr., deposed that he had seen ten or twelve of 
John Fuller's hogs and shoats in the Indian corn of Isaac Cum- 
mings, sr. John Fuller's woman servant told him the number. 

Isaack Cummings, jr., deposed that his father sent him to tell 
about the damage. 

Richard Nicolls and John Leigh, sr., deposed about hogs in corn. 
Thomas Preston deposed that he was keeping sheep on the com- 
mon, and John Fuller's sou was keeping his father's swine there. 
Goodman Cummings' girl told him that Mr. Hubbert's horse had 
broken down the fence. 

Edward Bragg deposed that he had Indian corn, near Goodman 
Cummings, and in the ground bought of Will. Story toward the 
forty acres, etc. When the fence was broken by Mr. Hubbert's 
horse, deponent's wife and children guarded the place and also sent 
to Goodman Cummings' house and the latter's girl and other chil- 
dren guarded it till night. Also one of his own cows went through 
Mr. Saltonstall's fence into the corn next the calves' pasture fence, 
about thirty rods from the corn in question, after wheat harvest. 

John Ringe also deposed. Will. Moare and Samuell Podd ap- 
praised the corn which was damaged. Ephraim Fellows deposed 
that going to town he saw cattle near the fence between Goodman 
Bennett's and Goodman Cummings', and a white horse with them, 
etc. Widow Hafiild deposed that the fence near the gate at Thomas 
Burnam's was much out of repair. Katherine Brimmengen de- 
posed that her master, John Fuller, had all his hogs yoked and 
ringed in the spring, etc. Nathaniel Lummax deposed that Ful- 
ler's hogs came often to his master Tomson's, etc. Samuel Heires 
deposed as to what part of the fence was to be maintained by Mr. 
Rogers, Mrs. Hubbard, Henry Bennett and Goodman Cummings. 
Thomas Low deposed that John Fuller's wife owned some of the 
hogs. John Choate, Ralph Dix, Samuel Younglove, jr., and Thomas 
Low deposed about the hogs. 

Copy of town order concerning swine. 

*Copy of record in case of Mr. Roger Conant, Peter Palfrey and 
Nathaniel Pickman (also Pitman) v. Mr. Francis Johnson. For 
detaining 141 1-2 pounds of beaver and about the same quantity 
of otter which he received twenty years since. Dated, 27 : 9 : 1655, 
Elias Stileman,t clerk. 

Declaration of Francis Johnson : About twenty-four or twenty- 
five years ago there was a co-partnership between Mr. Roger Co- 

tAutograph. 



1657] RECORDS AND FILES 23 

nant, Peter Palfry, Anthony Dike and himself for a trade to the 
eastward, to be managed by him, both buying and selling. At end 
of three years he sold to Mr. Rich. Foxwell all the interest in the 
house with the debts due from the Indians, and with swine, boat, 
skiff, canoe, housall stuff and trading goods, for which he took two 
bills of debt. He later sold Poxwell a small parcel of goods, mak- 
ing three bills due. Sometime after this, Foxwell sent some beaver 
and otter by a boat. Two or three years later, Foxwell making no 
payment, the partners had an accounting and found that twenty- 
three pounds were due to each partner. For twenty years said 
Johnson had endeavored to collect the money, but Foxwell either 
remained silent or affirmed that he was poor and that they could 
have his two or three children, as he had nothing else. Foxwell 
came into these parts a year ago and the partners attached him. 
In the beginning of this winter, one Mr. Richard Tucker brought an 
order from Mr. Foxwell, asking that the affair be referred to 
arbitration. Peter Palfrey had lost one of the bills which was 
much to their disadvantage, and wrote to Nathaniell Pittman, 
who was Anthony Dike's successor, desiring arbitration, but said 
Johnson and Conant opposed it. The other three partners 
went to Boston, put it to arbitration, cancelled all the bills, and 
discharged said Foxwell. Johnson intended to be there but he was 
out in a boat and with a contrary wind they were obliged to put 
into Nantaskett. The next day when he arrived at Boston, he 
found what had been done, and on the following day his estate was 
attached, etc. 

Two briefs for the court. 

Copy of letter from Frances Johnson to Mr. Foxwell, dated at 
Newtowne, May 6, 1635, copied by Samuel Archard,* marshal. 

" Sir 

" I doe admire att this passadge in that you shoulde writt me 
Concerninge 28pi. of beauer paide M' Shartt in full as alsoe a 
noate under his hande for the discharge of it butt he Cuming 
heather demands the some of rae being disapoynted of the payment 
by you. now thes are to intreat you that if you haue nott made 
payment that you woulde do itt for I have Reffered hime to you in 
Regarde of your letter & have put it to your accompt thearfore I 
praye do nott delle soe ill with me as to disapoynt hime of his 
beaver thus intreatinge you not to faile me in the discharge of this 
I Rrest hee needs itt for Englande. if you haue not paide hime 
28^11. to make itt so much 

" Yours to use Frances Johnson." 

Copy of receipt signed by Mr. Abraham Shartt, merchant, dated 
June 13, 1635, for beaver, received of Richard Foxwell, for Mr. 
Johnson. Wit : Robert Knight and James Radestue. Copied by 
Samuel Archard,* marshal. 

•Autograph. 



24 IPSWICH QUARTERLY COURT [Mar. 

Copy of acknowledgment of indebtedness to Francis Johnson 
and his partners, by Richard Foxwell, merchant, dated July 16, 
1633. Wit : Edward Gibones and Elias Mavericke. Copied by 
Samuel Archard,* marshal. 

Copy of a letter to Mr. Foxwell made by Elias Stileman* and 
another copy of the same letter made by Samuell Archard,* mar- 
shal : — 

" Salem the 12 of February 1635 

" S*" 3'^ours of the 8**^ of decembr p m' Richard Tucker, as also 
beauer and otter the wch had taken wett so that I was forced to 
take some pains w'h it, and coming to way it there wanted 31i. 
in the beauer and so the otter, so that I wonder at your ouer- 
sight in the waying or else in your stillyards, iutreating you to 
take more care hearafter. I haue taken your bils of m' Allerton 
but not according to your writing, for unless I would pay him all 
Im would not let me haue them being first in his hand so forced to 
doe that so that at present we had but 11311. of beauer so would 
intreat you to make supplie w*"^ more so soone as you can for it 
would be very welcom unto us. for the other we ar not bid above 
6s, ^li. but yet keep it for a better market. In your letter you 
mention the payment of 281i. ^ of beauer to M*" Shurt wch was 
more then his due by the price of 2 hogsheads of salt but I will 
speake to him about it wondring that you sent not a noat under his 
hand of the receipt of it, for m"" Gardner will not accept of it untill 
a uoat from him, so would intreat you to send it by the first, as 
also would intreat you to pay unto him for the same mans use the 
some of twenty pounds of beuer the w*^^ I haue promised shall be 
paid by you there, as also to cleer that bill of 701i. of beuer to m' 
Conit all w'^h I would intreat you not to faile I would have sent you 
an accompt of the whole but time will not pmit. concerning your 
being w*'* me I would be very willing to do you any good that lyes 
in my power, thus not else at p^'sent I leave you and your affairs 
to god, I rest 

" Your frend in what I may 

"pray remember my loue Francis Johnson." 

to your wife." 

Moses Mavericke testified that Mr. Roger Conantt and partners 
said in his hearing that there were three bills from Mr. Foxwell 
delivered to Peter Palfry to keep and said Palfry lost the larger 
one; also that deponent heard Conantt and Palfry say that they 
had put all their power into Mr. Johnson's hand and that Anthony 
Dike was only to sail the vessel and do as Mr. Johnson should tell 
him. Sworn in Ipswich court, Mar. 25, 1656. 

Amos Richardson testified that being chosen arbitrator with 
Capt. William Hathorne about a business between Francis John- 
son, Mr. Conant, Peter Palfery and Nathaniell Pittman, on the one 
part, and Mr. Richard Foxwell, they found two bills due. Mr. 

♦Autograph. 



1657] RECORDS AND FILES 25 

Poxwell's agent had much to say about a promise Johnson had 
made concerning a house and land which Foxwell had bought of 
said Johnson under hand of the government of the Bay. Sworn, 
24 : 1 : 1655-6, before Natha. Duncan,* commissioner. 

Richard Collicutt, aged fifty-two years, testified that about Janu- 
ary last he heard Mr. Rich. Foxwell say that many years since he 
bought a plantation and trading house at the eastward of Mr. Fran- 
cis Johnson of Marblehead, etc. ; and having no confirmation from 
the government which Johnson had promised him, the French 
had dispossessed him of said house and lands. Sworn, 21 : 1 : 
1655-6, before Edward Tynge,* commissioner. 

Georg Tayler deposed that about eighteen years ago, he lived 
with Mr. Cleeves in Casco bay, and Mr. Richard Tukerand he were 
going " Bostontown warde," and at Sako they met with Mr. 
Richard Foxwell. He desired them to carry some beaver and otter 
for him to Mr. Francis Johnson, and they delivered it to him in 
the Bay. Sworn, June 18, 1654, before John West and Robertt 
Booth, commissioners of Saco. Copy by Samuel Archard,* 
marshal. 

Samuell Archer testified about the same as Moses Maverick. 
Sworn, 22 : 1 : 1655-6, before William Browne,* commissioner. 

Mr. Richard Tucker deposed that about a fortnight since he met 
Mr. Francis Johnson of Marblehead at Bostown, and he had some 
order from Mr. Richards of Blue Poynt near Sacoe to end the dif- 
ferences between him and Mr. Foxwell. Sworn, 20 : 9 : 1655, before 
Mr. Richard Parker, commissioner. Copy by Elias Stileman,* 
clerk. 

Lott Conant testified that about seven years since, he was going 
to the eastward, and was desired by Nathaniell Pickman to carry 
a letter to Mr. Richard Foxwell of Blue Poynt; that after said 
Foxwell read it, he said he owed said Pickman nothing, but what 
he owed was to Mr. Johnson and Anthony Dike, and that it was 
for goods he had of them at the trading house. Sworn, 14 : 1 : 
1654, before John Endecott, Dep. Gov. Copy by Elias Stileman,* 
clerk. 

Richard Foxwell, by his bill made July 16, 1633, was indebted 
to Francis Johnson and partners for 12511., etc. 

Acknowledgment of indebtedness by Richard Foxwell, merchant, 
Sept. 14, 1634, to Francis Johnson and his partners. Copy by 
Samuel Archard,* marshal. 

Tabitha Pittman testified that at her husband Dike's last going 
away from her when he was taken away at Cape Cod by the hard 
winter, the last words he spoke were " wife when thee hast paid 
Peter Palfry such a some, (but at psent I know not the some) then 
there is due to thee from Richard Foxwell one of the bills three 
and twentie pounds," etc. Sworn, 30 : 1 : 1657, before Edmond 
Batter,* commissioner. 

•Autograph. 



26 IPSWICH QUARTERLY COURT [Mar. 

John Severns v. Job Nesetance. Debt.* 

Willm. Thomas v. Thomas Seers. Concerning an acre of land 
bought of said Seers, who refused to deliver it. Withdrawn. 

Town of Ipswich v. Isaack Coussens. For bringing an old 
woman and leaving her in the town without providing for her. 
Continued for advise of the General Court. 

Thomas Davis v. Benjamin Swett. For taking away plaintiff's 
servant, Stephen Dow. Court ordered that the boy be returned. 



Lott Conant deposed that his father went to Boston concerning 
the arbitration , which he opposed. Sworn, 24 : 1 : 1655-6, before 
Moses Mavericke,t commissioner, 

Saml. Archard. marshal, deposed in Ipswich court, Apr. 2, 1657, 
that Mr. Johnson agreed with Nathaniel Pickmau to leave the 
matter to arbitration. 

Richard Tucker deposed that there was a difference between Mr. 
Francis Johnson of Marblehead, near Salem, and Mr. Eichard Fox- 
well of Blew Point, concerning some beaver and otter, which Mr. 
Foxwell delivered to him in his boat bound for " the Massachusets" 
eighteen or twenty years ago. He delivered them to Mr. Johnson. 
The skins became wet in the boat and could not be weighed until 
dry, when the two " fardels" of beaver and otter were found to be 
three or four pounds short. Sworn, July 1, 1654, before Edw. 
Eichworth, recorder. Copy by Samuel Archard, t marshal. 

John Eoads and Thomas Ward testified that being at the east- 
ward with Mr. Francis Johnson last October, said Johnson was 
desirous of going to Blew Poyntt to speak with Mr. Foxwell, but 
they could not go in on account of the wind. The boat was full of 
dry fish which might have been damaged. Sworn, 24 : 1 : 1655-6, 
before Moses Mavericke,t commissioner. 

Dorothy Norice testified that when she was at Marblehead at her 
brother Johnson's house, about three or four years since, there 
came a man from the eastward who said to Mr. Johnson that Mr. 
Foxwell was poor, and had nothing to pay with, unless he took a 
child or two. Sworn, 22 : 1 : 1655-6, before William Browne,t 
commissioner. 

*Bond of Job Neesohtensf and the Sagamore of Agowam (his 
mark), commonly so called, to John Severns of Salisberry, for eight 
pounds, that Neesohtens appear at Ipswich court last Tuesday in 
March, 1657. Wit : Theophilus Wilson. 

Statement of Job Neesohteens, as to indebtedness, 19 : 5 : 1656. 

Theophilus Wilson deposed that said Job acknowledged the 
indebtedness to John Severence in his house. Sworn in Ipswich 
court, 31 : 1 : 1657. 

t Autograph. 



1657] KECORDS AND FILES 27 

Plaintiff confessed that he was to teach Stephen to read and write 
and the trade of a stone mason according to the capacity of the boy 
and the employment of the place where he lived.* 

*Bill of charges of Thomas Davis, including two days journey 
to Newberry and ferriage. Lt. Howard, Hen, St — y, Ez. Northen, 
Lt. Jo. Pike, Rich. Kent.t 

Bartholmew Heth, aged forty-one years, deposed that Steven 
Dow was a very poor and weak creature to look upon and of a 
very low stature according to the age that he was said to be when he 
came to live with Thomas Davis ; that said Davis never corrected 
him ; that the provision in his house was as good as that of men of 
his estate ; that the boy ate the same kind of food as his master, 
and that he had clothing to keep him warm. Deponent, being at 
Newberry with said Davis, heard some discourse between said 
Davis and the defendant concerning the boy, and Davis asked Swett 
to prove his title to the boy before indifferent judges. Swett re- 
fused to arbitrate it. On coming home from Newberry later they 
saw said Swett coming home from Haverhill with the boy riding. 
Sworn before Robert Clements. f 

John Williams, sr., deposed that he heard the boy speak well of 
his master and dame, viz., Thomas Davis and his wife, that they 
used him well, and that he fared as well as most in the town. She 
taught him his book, he was warmly dressed, and was not abused. 
Sometimes the boy ran away without cause, but his master did not 
beat him for that. Concerning going to the east meadow for hay 
that winter, the boy went cheerfully along, and when he returned 
deponent asked him if he were not cold, as it was a cold day, but 
he laughed and said he was hotter than if he had been around 
home. This occurred when his master had a sore eye and could 

not go himself. Sworn before Robert CI . 

John Bartlett testified that Thomas Dowe, father of Steven Dow, 
on his_ return from Haverhill, told deponent that he had left the 
boy with the plaintiff until he was eighteen years old, to teach him 
to read and write and the trade of a stone mason, etc. At another 
time the father said that he would never bind his son to Davis, be- 
cause the latter was employed so much with other business that he 
could not teach him the trade, and also because of the child lying 
abroad some nights. Dow went to Haverhill to take his son,* but 
the terms were so high that he could not consider them. 

Richard Littlehale and wife Mary deposed that they saw at 
Thomas Davis' the kind and tender usage of the boy, like pa- 
rents. When the boy first went there, about eight and a half 
years ago, he was a poor, helpless child, of small stature. Sworn 
before Robert Clement, t 

tAutograph. 



28 IPSWICH QUARTERLY COURT [Mar. 

Mr. John Ward v. John Procktor. For not delivering thirty- 
five bushels of Indian corn, etc. Withdrawn. 

Kobert Clement, jr., deposed that he remembered an agreement 
by Benjamin Swett of Newberry and Thomas Davis of Haverhill, 
about evidence of their title to the boy. That when Davis sent the 
boy to Swett, it was only to visit his friends and that there was 
no intention of delivering him up. Sworn before Kobert Clements.* 

Thomas Eyer deposed that a little before Thomas Dow died the 
latter was at work with deponent, and they had some conversation 
about his son dwelling at Thomas Davis'. He said he had not 
bound him to him. Sworn before Robert Clements.* 

Eobert Hazeldine deposed that he saw Benjamin Swett bring 
Steven Dow in deponent's canoe over the river at Haverhill. He 
asked said Swett where they were going, and the latter answered, 
" I am going to carry him to ye right owner." Swett helped the 
boy on his horse and went away. Sworn before Robert Clements.* 

Judith, wife of Samuell Gild, deposed that when the boy came 
to live with said Davis he was a very weakly child and meanly 
clothed ; and Davis was to have him twelve and a half or thirteen 
years. Sworn before Robert Clements.* 

Samuel Gild deposed that he first had Steven Dow for a week, 
but the boy's father wanted Thomas Davis to have the boy, because 
the latter would take him for half a year less, and so took him 
there. He was a poor helpless child, likely to be a burden and no 
benefit, very hard to learn his book, very meanly apparelled, and 
not able to put on and oif his own clothes. Sworn before Robert 
Clements.* 

Joanna, wife of.George Corlis, deposed that it was a good while 
before the boy could eat his master's food, that is, meat and milk, 
or drink beer. He said he did not know it was good because he 
was not used to eating such victuals, but he was accustomed to eat 
bread and water porridge and drink water. Sworn before Robert 
Clements.* 

Steven Swett deposed that at the ordinary in Newbery he heard 
Benjamin Swett demand of Thomas Daves of Haverhill whether he 
would deliver the boy to his mother, in whose behalf Swett had 
demanded him before at Haverhill. Benjamin Swett said to Good- 
man Daves, " You promised mee at Haverhill that you would send 
downe the boy to his mother at your Returne from Newberry in 
case you proved not your title to him, which you have not yet done ; 
will you not stand to your pmises." Davis replied that he would 
not, etc. Sworn, Mar. 31, 1657, before John Pike, commissioner for 
Newbery. Tristram Coffin, jr., deposed the same. 

Phebe Do we, mother of the boy, testified that Thomas Davis was to 
teach him the trade of a stone mason, etc. Stephen returned to her 

Autograph. 



1657] RECORDS AND FILES 29 

John Hathorne, assignee to William Bridgewatter v. Edward 
Hutcheson. For unjustly detaining a ton of bar iron. Verdict for 
plaintiff, the iron or 301i.* 

house, and there was willing to abide, but said Davis pulled him 
away with violence, and to their great grief she and her son were 
parted. Signed by Phebe (her mark) Dowe. 

Cristophar Bartlet, aged thirty-three years, deposed that Thomas 
Dow told him that he had placed his son with Thomas Davis till he 
was eighteen years of age, etc. 

James Davis, sr., and wife deposed that they were very much 
troubled when their son-in-law, Samuell Gild, was about taking 
Steven Dow to be his servant, as he was such a poor, helpless child 
and likely to be a burden to him and little benefit. Sworn before 
Kobert Clement, t 

Ephraim Davis deposed that Thomas Dow said it was much to 
his joy and comfort that Thomas Davis had taken his son. Sworn 
before Robert Clements.! 

George Corlis deposed that Steven Dow was a very weakly child, 
and of a low stature, when he came to live with Thomas Davis. 
Sworn before Robert Clements. f 

* Writ : Mr. Edward Hutchinson, sr. v. William Bridgewater; 
dated, 24 : 11 : 1656 ; for tearing out divers leaves from the book, 
while clerk of the Iron works, and not giving proper credit on ac- 
counts; signed by Jonathan Negus, for the court. Served by at- 
tachment of bar iron in the hands of Edw. Hutchinson in his ware- 
house, and three cow hides, delivered to Henry Brigam, by Hugh 
Deuey, constable of Boston. Copy, by Edward Rawson,t recorder. 

Mr. Wm. Bridgwaterf assigned to John Hathorne, both in New 
England, a ton of bar iron, in hands of Mr. Edward Hutchinson of 
Boston, and Company now of Iron works in New England, Jan. 12, 
1656. Wit: Phillip Cromwellf and Samuell Archard.f 

James Robisson, aged about thirty-eight years, testified that 
about three months ago, he helped put the iron into Mr. Hutchin- 
son's warehouse and it was laid separately from the other iron 
there. Mr. Bridgewater gave him a bill for the labor to Mr. Hutch- 
inson, and the latter paid him. Sworn, 26 : 1 : 1656, before Natha. 
Duncan ,t commissioner. 

Antony Hacker, aged forty-eight years, and Samuell Davice, aged 
thirty-three years, testified about the bar iron, helping to hand it , 
in about three months ago to Mr. Edward Huchison's warehouse in 
Boston ; Joseph Armitage's boat was cast away and Whitwell 
brought it ashore in his boat, etc. Sworn, 26 : 1 : 1657, before 
Natha. Duncan, t commissioner. 

Robert Burges, aged about thirty-six years, deposed that he went 
on Joseph Armitage's boat the last time it left Lynn, before it was 

tAutograph. 



30 IPSWICH QUARTERLY COURT [Mar. 

Mr. William Perkins v. Jacob Towne, in behalf of the town of 
Topsfield. For detaining his maintenance due to said Perkins for 
his labors in the ministry. Withdrawn. 

Eichard Kent v. Lancelott Granger. For not permitting him to 
take possession of his farm, cattle, etc., and for not performing an 
award. Houses, farm and cattle to be delivered to the plaintiff 
within three days, as mentioned in the lease, etc. 

Lancelott Granger v. Richard Kent. Replevin. Two cases.* 

cast away, and Mr. William Bridgwater put aboard the bar iron to 
carry to Boston. That Mr. Olliver Purchis weighed the iron at the 
iron house for Mr. William Bridgwater, and that John Clarke 
marked a cross on the bars with a cold chisel ; and when the boat 
was cast away at Pullin Poynt, the iron was placed on the beach 
by itself, and also in Whitwell's boat it was put uppermost, and 
landed at Boston wharf. The porters were ordered by Mr. Hutch- 
inson to put it into his house at a small hole. Sworn, Mar. 30, 
1657, before Thomas Marshall, t commissioner of Lynn. 

Joseph Armitage, aged about fifty-five years, deposed that he 
heard Olliver Purchis, clerk of the Iron works, say that he had an 
order from Mr. Edward Hutchinson to deliver to him one and one- 
half tons of iron. Deponent was at Mr. Hutchinson's house at 
Boston with Capt. Savag, when John Hathorne demanded the iron, 
etc. Sworn, 30 : 1 : 1657, before Thomas Marshall,! commissioner 
of Lynn. 

*Writ : Richard Kent v. Lancelot Granger. On arbitration, to 
deliver his farm to Richard Kent again ; dated, Dec. 23, 1656 ; 
signed by Anthon}^ Somerby,t for the court. Served by Robard 
Coker,t constable of Newbury, by attachment of sixteen cows, four 
oxen, twenty loads of hay, the barn and house, Dec. 23, 1656, and 
attachment of two heifers, a bull and steer, 14 : 1 : 1656. 

Willm. Howard deposed that he was one of the four arbitrators 
in the case between these parties, etc. John Chater and Rich. 
Doole witnessed to the same. Sworn in court, Mar. 31, 1657. 

James Brading testified that, Dec. 12, 1656, Richard Kent and his 
servants went over to his farm and cleaned his cowhouse and at night 
Kent spoke to one to desire Lancilot Granger to show him how to 
tie up the cattle. Granger answered " I am a going to my Brother, 
and I will com backe presently and ty them up for you." When 
he returned he told Kent that he and his men need not trouble, 
and so they went away. Shortly after he called to them that there 
was one cow missing and deponent said he thought she was in the 
barn. Granger replied "All is well." Richard Kent used his 
cattle to carry out muck for about nine days. On Dec. 20, 1656 
Richard Kent sent over his servants to bring hay for the cattle. 

t Autograph. 



1657] RECORDS AND FILES 31 

Thomas Nelson chose, in court, Mr. Joseph Jewett to be his 
guardian. 

The freemen of Manchester fined for not appearing at the last 
court. 

Mr. Granger refused to let them take away hay, saying that he 
would not abide by the award of the arbitrators. He bade depo- 
nent speak to his uncle, to take away the cattle he had bought of 
Granger's brother, etc. Sworn in Ipswich court, 31:1: 1657. 

Danell Thurston deposed that Mr. Granger told, the next Friday 
after the award was made, that he had delivered the farm, etc., to 
his landlord, Richard Kent, and he was to remain in the farm 
house a short time to thresh out some corn he had in the barn, etc.; 
that Goodman Gould was engaged in part for what was due Kent, 
and his father Addoms or Goodman Chater for the rest ; Granger 
further said that if he could not hire a farm that suited him there, 
he had some thought of going to England, etc. Sworn in Ipswich 
court, 31 : 1 : 1657. 

Award, dated Dec. 10, 1656, by Zacheus Gould,* Richard Dole,* 
and John (his mark) Chater. Wit: Willm. Howard.* Granger was 
to pay Kent, 281i. 9s. 6d. in good wheat, at 5s. per bushel. 

Original lease of Richard Kent of Newbury, yeoman, to Lancelit 
Granegerf of Newbury, of his great island or farm. The indenture 
included also the rest of the Islands from Goodale's Island west 
and southwest, and part of Goodale's Island from the old ditch to 
the creek, with house and barn and twenty acres of land ; also 
sixteen cows, four oxen, two yokes, two chains, a cart and wheels, 
plough and rope, at appraisal price. The lease was to hold seven 
years from Sept. 29, 1654, and Kent was to give Granger a sow 
and let him a mare for one year, the latter paying a yearly rental 
of forty-six pounds, in butter and cheese and cattle not over six 
years old on Sept. 29th and in wheat, Darley and Indian corn on 
Mar. 26th. Kent agreed to pay all rates, and if any cattle died from 
sickness or falling of a tree, he was to make them good. Granger 
could take wood sufficient for the farm, was to use the manure on 
the land and agreed to break up ten or twelve acres more, receiving 
as compensation the crops for three years. After that he was to pay 
rent for this land also. The last year Granger was to keep no cattle 
upon the farm except cows and oxen and his yearlings and calves ; 
and the last winter he was to use the fodder which he threshed 
from the corn, also to have a lodging in the house. The same 
privilege Kent was to enjoy the first year. Granger had the cutting 
of the salt marsh for fodder the summer before he entered, so Kent 
should have it the last summer. Kent agreed to " make up the 
house and both the floores & the harth and set it and the barne 
in good repaire," and if any accident by winds, tempests or 

•Autograph. 



32 IPSWICH QUARTERLY COURT [Mar. 

Hugh Chapline, deceased, left a will which was not proved with- 
in twenty months, and the widow forfeited one hundred pounds by 
the law.* 

William Chandlour allowed to be a packer at Newbury for 
searching and packing fish and flesh. 

Robert Roberds acknowledged judgment to Mr. William Payne. 

George Smith acknowledged judgment to Mr. William Payne. 

William Symons acknowledged judgment to Mr. William Payne. 

Thomas Robins and Henry Skerry bound for the appearance of 
Elizabeth Robins when the court shall call for her. 

Administration granted to Marke Bachelour on the estate of his 
father. Referred to Salem court for further orders. 

Richard Window released from ordinary training, paying a bush- 
el of corn per annum to the use of the company. 

John Roe [of Gloster. — Waste Book.'], released from ordinary 
training paying eight shillings per annum to the use of the Company. 

Administration upon the estate of Anthony Newhall granted to 
Richard Hud, to settle it according to an intended will, which he 
left. Administration bond. Overseers appointed by the court : 
Matthew Farington, John FuUar and Nathaniell Kertland.f 

fire occurred, not due to Granger's negligence, Kent was to bear 
the loss; dated July 19, 1654. W^it : Nicholas Noyes,J Anthony 
SomerbyJ and Robert (his mark) Adams. 

Another original of the lease, in duplicate, signed by Richard 
Kent.§ 

*The will of Hugh Chaplin of Rowley, dated 15 : 1 : 1654, 
proved : " Imprimis for my whole estate is at the dessposeng of 
my beloued wife Elesabeth Chaplin Duringe the time she dus con- 
teuew a widdow provided she dowe nothing in dessposing of my 
estaite with out the Consente || of || Thomas Mighell Maxsiemillian 
Jewite Thomas Diconson Hew Smith John Pickard But if my wife 
marrie then my estaite to be dessposed of by thes fine men afore 
mensoned as after followeth if my esstaite be fourscore pounds then 
my wife shall have Thirtie pounds And the riste of my estaite to be 
devided equalie amongest all my Chilldren Onely my Elldeste 
Sonne John Chaplin shall have thre pound more then anie one of my 
chilldren And my will is that my wife haue thirtie ponndes oute 
of fourscore poundes and this preporsion to be cepte whether my 
estaite be more or lesse. Wit: Joseph JewettJ and John Pickard. t 

fWill of Antony Newhall proved before Thomas Marshall, com- 
missioner, by John Fullar and Mathew Farington : " I will that 

JAutograph. 

§ Autograph and seal. 



1657] RECORDS AND FILES 33 

John Trumble sworn clerk of the market for Rowley. 
Edward Clarke of Gloster allowed to be clerk of the writs. 

my grand child Richard hood shall hau on Ewe lamb att the next 
Encreast I will that my grand chilld Elizabeth hood shall haue 
one Ewe lamb at the next Encreas I doe giue my dafftter mary 
the third part of the Encress of my orchard for Seuen years afftter 
the datt hearof I doe giue my daffter mary that pcall of ground 
that lys one the other Syde the brook at the north End of ray 
hows lott upon Condittyon that her husiband doe build a dwelling 
hows oppon it I will that my dafftter mar}'^ shall hau my fether 
II bed II aftter my deceas with all things bellonging to it only that 
my Son John shall hau a boulster ffiUed with fethers Theas affowr- 
sayd legasys I giu my daffter mary for her carffull attendanc of 
me and great payns she hes bin at with me : 

<' of the remayning part of my whoU Esttat I doe give my Son 
John newhall tow parts and to my daffter mary I giue one part 
deuided to Ech of them accourding to my will as foUoweth I will 
that my Son John newhall shall haue my hows and land that I 
now Hue in bounded from the brook att the north End vpp to the 
land of gorg Frayll at the South End I will that my daffter mary 
shall hau that lott lying betwixt the land of John hawthorns and 
John Ramsdell I will that my Son John Shall hau 4 akers of 
that land that lys by Jonathen hudsons and my dafftter mary tow 
akers of that land that lys by Jonathan hudsons I will that my 
Son John shall hau twenty akers of oupland lying oup in the 
Country 

" I will that my daffter mary shall hau ten akers of oupland lying 
in the Country I will that my Son John shall hau 4 akers of that 
medow that lys oup in the Country and I will that my daffter mary 
shall hau tow akers of that medow that lys oupp in the Country I 
will that my Son John shall hau tow akers of Sallt march lying in 
the town march att the tow tres and 3 akers att m' neadums and 
on aker Richard mors and on aker lying in the frech march I will 
that my daffter mary shall || hau || 4 akers of Sallt march lying 
towards goodman Edmonds in Rurally in the first deuision and tow 
akers of Sallt raarch in the last diuysen I will that ray Son John 
newhall shall haue Tow Cows and one oxe I will that my daffter 
mary shall hau on cow and on stear I giu my Son John 2 Iron 
potts and a great bras kettell 

" I giu to my daffter mary on bras pan I giu to John tow pew- 
ttur platters and to my dafter mary on platter I giu to my Son 
on boulster on ould Couerlid and to my dalfter mary on pillow I 
giu to my Son John tow par of potthooks and on pott hanger and 
one frying pan I giu to my daffter mary on warminge pan I giu 
my Son || John|| on new Couerlide and a brase pott I giue my 
dauffter mary flocks for a littell bed I giu to my Son John 1 heck- 



34 IPSWICH QUARTERLY COURT [Mar. 

The constable of Newbury made a motion for a penny in the 
bushel and demurrage to remain till Mr. Batter be spoken with. 

ell and to my daffter mary the dubull heckell I giu to my Son 
John and my daffter mary the grinston betwixt them So long as it 
last I will that what So Euer of my Estat y* is not yet giuen or 
yett deuyded shall be giuen tow parts to my Son John and on part 
to my daffter mary 

" Further I will That my Son John newhall and my dafftter mary 
shall Eche of them hau the produce of Eche others proportions 
of my Estat whils I line and accourding to ther Seuerall propor- 
tions to mayntain me whils I Hue I will that theas Seuerall gifts 
of my Estat to be ffully Rattyfied and Couffermd affter my dissceas 
and not beffore to Eche of them I will : That if my Son John 
newhall should dye and hau noe Chilldren That then my hows and 
lands shall return to my daffter mary and her heirs I will That 
Nathaniel Kertland and Mathuw Farrington and John Fuller be 
ouersears of this my last wiil & Testyment To wich I wittnes with 
my hand to be my true and lawffuU will. This 14 day of January 
1656." Anttouy (his mark) Newhall. Wit: John Fuller,* 
Thomas (his mark) Couldum, Mathew Farington,* Nathanill 
Kirtland* and Jonathan Hudson.* 

Inventory of estate of Antony Newhall, taken 6:12: 1656, sworn 
to by Richard Hood, Mar. 31, 1656 : Whearring apparrill, he lying 
long bedride but small, 21i. ; one great brase kettell, 5s. ; one brasse 
pane, 15s. ; one littell brass kettell, 5s. ; one brase pott, 10s. ; one 
warming pan, 4s.; one skimmor and brass laddell with other ould 
peasses of brass, 2s. ; thre pewttor platters, 10s. 8d. ; one pewtter 
Candellstick, Is. 6d. ; ould peases of pewtor, 3s. 4d. ; tow Iron potts, 
one Iron skillett, Tow par of pott hoks, 18s. 6d. ; tow pare of Iron 
Racks, on Spit with Sertin peases of ould Iron, 9s. ; two handsaws, 
one ould wip saw, one squar, tow ould augurs, one ould handsaw, 
lis. 6d. ; one Iron punch and one Iron laddell, one Claboad frow, 
4s. 6d. ; one Carbyn, one ould Sword, 15s. ; one siugull heckell and 
one dubell heckell, 8s. ; one wyer sife, one ould wyer sife, one hare 
sife, 6s. ; wouden trays and diches, 2s. 6d. ; one buttur tub, one bear 
barrill and a kneading troff with other ould Cask, 8s. ; a pare of 
ould andirons and a frying pane, 6s. ; thre ould bybells and thre 
other ould books, 17s. ; seven pans of glas, 10s. ; on brase pistell, 
8s. ; an ould fiaskit, one ould box. Is. 4d. ; in lead, 3s. ; an ould 
f ether bed and boolster, one pillow and pillow bear. Hi. 18s. ; one 
ould ruge, one ould blankit, 9s. ; one ould flock bed, an ould bool- 
ster, 10s. ; one ould Covelid and tow ould blankit, one fether bool- 
ster, one ould fether pellow, one shett, 12s. ; one Joyn bedsted and 

bed cord and matt. Hi. 8s. ; one Grenston with an Iron , 12s. ; 

one Ewe sheap, Hi. 15s. ; one oxe, 51i. ; thre Cows, lOli. 10s. ; one 

♦Autograph. 



1657] RECORDS AND FILES 36 

John Stephens admonished for a battery. 

The constable of Marblehead fined ten shillings and fees. Mr. 
Johnson undertook for its payment. 

William Young, for contempt of, and slanderous speeches 
against, authority, to acknowledge his great offence in a public 
meeting at Andover and be whipped at next court, unless he shall 
bring a certificate under the hands of six of the principal men of 
the town to the next court that he had been of good behavior. 

John Hathorne fined for disorder in his house, suffering persons 
to sit tippling in his house and for suffering two persons at several 
times to be drunk.* 



stear, 21i. 10s. ; fowr Iron hops for wheals and one Ex, pins, one 
Eing, 10s. ; one Coverled, Hi. 10s. ; one dwelling hows and barne 
and fiv ackers of land and an orchard att horn, fowr akers of 
upland by John hawthorns hows, six ackers of upland lying by 
Jonathan hudssons, eight akers of upland lying by the fresh marsh, 
therty akers of upland lying oup in the Country, six akers of Salt 
marsh lying in the town march, six akers in Rumly march, one 
ackers of fresh march in the town, six akers of fresh march in the 
Country, due from Edward Richards twenty-five shillings ; whe 
for bare to put any prise oupon the land or bowses and cattell 
becaus the deceased in his will hath divided them to his tow 
Chilldren ech one ther partt. 

*01iver Purchis and George Darline, both at the Iron works, de- 
posed that in February last, 1656, in the moonlight they went to 
Linne town to the ordinary to see some persons from the Iron 
works who had been there the whole afternoon before. They found 
a great store in the house drinking, some being full of drink, par- 
ticularly Sergeant Eldridge of Maldin, who had been there the 
greater part of the day before. Darline having occasion to be in 
the house all night, deposed that Eldridge slept by the fire all 
night, and if deponent had not been there, his clothes and perhaps 
himself would have been burned, so full of drink was the Sergeant. 
In one room was one Muzzy and his wife, — she sitting on one side 
of the table between two men and her husband on the other side of 
the table merrily singing to the rest. Katherine Lary, who lived 
in the house, testified to the same. Allester Munduggle also 
testified. 

Jane Armitage and Thomas Beal, both of Linn , testified that 
Oliver Purchis, clerk at the Iron works, spoke to Thomas Wiggens, 
employed at the Iron works, about drinking in Mr. John Hathorne's 
house on the Lord's day. Sworn, 30 : 1 : 1657, before Thomas 
Marshall,! commissioner of Lynn. 

tAutograph. 



36 IPSWICH QUARTERLY COURT [Mar. 

Theophilus Willson, constable [of Ipswich.— Waste Book.], to 
be paid for setting up a fence about the house of correction. 

Georg Bunker allowed two shilliugs and sixpence for his wife's 
witness fees. 

William Browne, for divers miscarriages, to lie in prison one 
week and be fined twenty marks and pay costs to Thomas Prince, 
etc.* 



James Axey,t commissioner of Lin, and Bray Wilkins, constable 
of Lin, testified that Hugh Alley of Lin was taken by said Wilkins 
about a fortnight before and brought before the commissioners of 
Lin for being drunk at John Hathorn's,and said Alley acknowledged 
his offence before said Axey. 

Oliver Purchis and AUexander Brabiner testified that Thomas 
Kelton, a Scottsman, being at a difference with some of the colliers 
at the Iron works about a bargain, said that the bargain would not 
hold good because it was made with Henry Tucker on the Sabbath 
while drinking at Mr. Jno. Hathorn's house. Sworn, 31 : 1 : 1657, 
before Thomas Marshall,t commissioner of Lynn. 

George Darline and wife, Kate, deposed that last winter all one 
Sabbath day there were several persons sitting and drinking at Mr. 
Jno. Hathorn's house ; that they were there from after morning ex- 
ercise until people came from the evening exercise. They saw Jno. 
Divan of the Iron works and Ralph Russell in the house overgone 
with drink. Mr. Bridgwater also had been seen drunk in the house 
sometimes. Sworn before Thomas Marshall,! commissioner of 

Lynn. 

Oliver Purchis, clerk at the Iron works, deposed, Mar. 31, 1657, 
that he has seen several persons in the house of Mr. Jno. Hathorne 
of Lynn, drinking, and not able to speak or go. He had spoken to 
Mr. Hathorne about it, and the latter promised to be more careful, 
but the disorder continued. Sworn in Ipswich court. 

*William Vincent acquainted the court with the practice of 
William Browne in speaking disgracefully against Mr. Blinman, 
Mr. P[er]kins and Mr. Millet "for the day before that William 
Browne frighted goodman Prince hee sayd mr. Blinman was naught 
and P[er]kins was starke naught and Millett was worse than 
Perkins." Edmund Clarke and George Ingersol also heard it. 
Sworn in court, Apr. 2, 1657. 

On Jan. 19, 1656, William Browne was bound in forty pounds, 
and Samuel Delabar and Richard Beeford with him, to answer at 
next court at Ipswich for his misdemeanor towards Goodwife 
Prince, and also bound to good behavior towards Thomas Prince 
and his wife. Copy made by Daniel Denison.f 

Susanner Eveleuth, aged fifty years, deposed that she was at 

tAutograph. 



1657] RECORDS AND FILES 37 

Thomas Kobins bound to bring his wife, Isbaell Robans, to next 
court at Salem to answer suspicion against her. 



Goodie Prince's labor with the midwife at the delivery of the child ; 
it was found dead, apparently having been dead for some time. 
Sworn to, 30 : 1 : 1657, before Silvester Eveleth and William 
Vinsson, commissioners for Gloucester., 

Grace Duch, Elinor Jo , Joane Collens and Sarra Vinson 

deposed that they were with Goodwife Prince when the child was 
delivered Saturday night. They thought that she would die. They 
mentioned William Browne's wife, etc. Sworn in Ipswich court, 
Apr. 2, 1657. 

Debrow Skilling, aged thirty-four years, deposed that she came to 
Goodie Prince's house and found her trembling and shaking, saying 
that Browne had been there and spoken such words to her "that 
her time was but short and the deuece would fech her Away sped- 
illy," etc. There were about a dozen women there who used all 
means to save the woman's life. Sworn, 30: 1 : 1657, before 
Silvester Eveleth and William Vinson, commissioners of Gloster. 

Hanna Verie deposed that she went to Steven Glover's and there, 
was Browne, who told said Glover something about Prince's wife. 
Sworn before the commissioners of Gloster. 

Abigail Sargainte testified, 30: 1: 1657, that William Browne 
and Thomas Prince were at Steven Glover's house, and he said, 
" Prince, I will go to thy house and tell thy wife that thou art at 
Steven's kissing of mother Kettell and ganimar Sargiant;" and 
Prince made answer, etc. Steven Glover, aged about thirty years, 
deposed the same. Sworn before Silvester Evelayth and William 
Vinsson, commisioners of Gloster. 

Sarah Venson testified that Hannah Verrie and Abigail Sargen said 
in my hearing that they were at Goody Babson's when Goody Prince 
came in with yarn in her hand, and she began to relate what William 
Browne said to her, etc. Sworn in Ipswich court. Mar. 31, 1657. 

Mary Millett, sr., testified in mother Babson's house, about what 
William Browne said, etc, 

Goodwife Margaret Prince, wife of Thomas Prince of Gloucester, 
testified that Goodman Browne came into her house and asked her if 
she had done well to set her hand to that writing, and she told him 
she thought she had, etc. He called her one of Goodwife Jack- 
son's imps, and that those who set their hands to the writing were 
going to the devil for a New Year's gift, and that it would be the 
dearest day's work she ever made. She went out weeping to an 
ancient woman, her neighbor. She further testified that Browne 
was the cause of her child's death and her own weakened condition, 
and that before she was as lusty as any woman in the town. Taken 
in presence of William Bartholmew* and William (his mark) Vin- 
cent. Sworn in Ipswich court, Apr. 2, 1657, 

*Autograph. 



38 IPSWICH QUARTERLY COURT [Mar. 

Benjamyn Woodrow confessed that he contrived with Thomas 
West to run away together, and that he was at the meeting at 
Jonath. Bullock's house, where there were great quantities of wine 
and strong liquors drunk in the night to disorder, etc. The court 
found two burglaries committed by Thomas West, one on the 
Lord's day. He also stole five bushels of malt, one bushel of wheat, 
a pistol, and tobacco pipes. Sentenced to be whipped and pay treble 

Her husband, Thomas Prince, also testified. Sworn, Jan. 21, 
1656, before Daniel Denison.* 

Wife of Elias Parkmau said that she was at Thomas Prince's 
house, etc. Sworn, 30 : 1 : 1657, before William Stevens* and 
Bobert Tucker,* commissioners of Gloster. 

Wife of John Kettell testified that she was at the harbor, and 
saw Goodee Prince come with a pailful of clay on her head, and 
she went home with her. She told her she did wrong in carrying 
clay at such a time, but Goody Prince replied that she had to, her 
husband would not, and her house lay open. She had carried three 
pails and had three more to carry. Sworn before William Stevens* 
and Robert Tucker,* commissioners of Gloster. 

Further complaint of Thomas Prince and his wife against Wil- 
liam Browne, being at Steephen Glover's house, etc., as Abigail 
Sargent testified before. 

John Kittell, aged about thirty-two years, testified that he saw 
Thomas Prince's wife daubing her husband's house two or three 
weeks before she was in travail with her last child. She reached 
up over the door to daub with clay. Sworn before William Stev- 
ens* and Robert Tucker,* commissioners of Gloster. 

Wife of Thomas Jons testified, etc. Wife of Richard Window 
testified that the wife of Thomas Prince hired her daughter for a 
fortnight to help her when she did lie in, etc. Stephen Glover and 
Goodie Sargent deposed that William Browne came to Steven 
Plumer's house and Goodwife Verie came in ; Mr. Browne asked 
Mrs. Verie if she had got her husband's supper, and said that 
Goodman Vinsun, etc. Sworn, 30 : 1 : 1657, before William Vinson 
and Sylvester Eveleth, commissioners of Gloster. 

Isabell Babson, midwife, aged about eighty years, deposed that 
she lived near the house of Thomas Prince, and told of what Brown 
said to Goody Prince, as she told her about the ministers, etc. 
Mother Babson told her to put it out of her mind as all knew what 
manner of man Browne was, and upon Goody Prince growing worse, 
she sent for Grace Duch. Sworn to Mar. 30, 1657. 

Abegull, wife of William Seargant, testified that she went to 
Prince's house, and saw his wife spinning, etc. Hana, wife of 
Thomas Very, testified that she was at widow Babson's house, etc. 

*Autograph. 



1657.] RECORDS AND FILES 39 

price of goods stolen. Bond to appear at next court at Salem or 
the General Court; Ossmound Traske, surety. 

Warrant to be issued against Henry Bulocke of Salem for disor- 
derly meetings in the night at his house by many young persons, 
when great quantities of wine and strong waters were drunk. 

Edmond [Edwavd.— Waste Book.] Bridges fined for lying. 

The constable of Manchester fined. 

Theophilus Will son, keeper of the prison,to have three pounds a 
year and five shillings for every person committed into the prison, 
the prisoners before being released to pay their charges for food 
and attendance ; others to be allowed only bread and water. 

[Moses Pengry acknowledged judgment to Isaack Coussen. — 
Waste Book.] 

Humphry Grifl&n fined for unloading barley on the Sabbath day 
before sunset. 

William Tittcombe discharged of his presentment. 

Deed of Abraham Whittaker of Haverhill to John Godfry of 
Andover, binding over a yoke of steers said Whittaker bought of 
said Godfry, Mar. 10, 1657. Signed also by William (his mark) 
Symons. Wit: Richard Littlehale and Mary Littlehale. The 
steers were delivered to John Godfry, Mar. 11, 1657. Wit : 
Eichard Littlehale and Robert Clements. 

Court held at Ipswich, Apk. 9, 1657, by adjournment. 

James White, jr., confessed that his father struck him for some 
fault, and he held up an andiron at him, and when his father 
asked him what he would do, said he should know by and by, etc. 
Ordered to be whipped. 

Robert Punell fined and ordered to be whipped for lying. 

William Linkhorne, for abusive carriages to Rebecka Blake, 
ordered to be whipped in Rebecca's presence. 
. John Perley ordered to be whipped or fined for lying.* 

*George Abbott, aged about forty years, testified that on Oct. 3 
last, John Perley and John How came to Andover, Perley upon a 
colt and How upon a mare, both apparently tired. Perley said he 
had bought the colt but lately, and had not fully broken him, but 
hoped to do it this " voyage." 

Mary Holt, aged eighteen years, and Thomas Farnam, aged 
twenty-four years, testified. 

Thomas Farnum, aged about twenty-four years, and Steven 



40 IPSWICH QUARTERLY COURT [Apr. 

Andrew Creeke fined for lying. 
John Chote fined for lying.* , 

Bill of charges of Samuell Belcher, John Younglove and Nehe- 
miah Jeuet. 

Mordcha Larcum fined for lying. 
William Tittcombe fined for lying, f 

Osgood, aged about eighteen years, testified that the colt was the 
bay that Anthony Potter brought from Andover, and that the mare 
was Goodman Coop's. 

Elizabeth Holt, aged twenty years, George Abbott, jr., aged 
twenty-six years, Henry Ingolls, aged twenty-seven years, and his 
wife, also testified. All sworn, Nov. 18, 1656, before Simon Brad- 
street, J 

Henry Ingolls further deposed that Edw. Bridges came to his 
house in Andover last winter in the evening, his brother, Hack- 
eliah Bridges, having before brought in a quart pot of strong water. 
The brothers drank most of it. 

Simon BradstreetJ wrote that the foregoing was all the testimony 
he had received, but that some was in the hands of Anthony Pot- 
ter. Several witnesses desired to be excused for not coming by 
reason of the shortness of the warning, etc. " I cannot possibly 
come my selfe in severall respects besydes my wyves illnes I have 
hurt my legg I cannot draw on a boote. if the Court had been 
appoynted next weeke I should have indeavored to have attended 
it, if my wyves condition would haue pmitted it." The letter was 
addressed to '• Goodm Lord att Ipsw'^h theis dd." 

*Samuell Mighell$ deposed that in the summer of 1656 he went 
to Ipswich with John Chote, who said his master, at that time, 
John Androus, made a fool of Samuel Younglove ; and at night 
said Chote brought Hanna Day and Hanna Portar to Goodman 
Androus' house, and there they were in his parlor with Goodwife 
Androues ; Thomas Androus, the scholar musician, was there with 
his music. John Chote held the door to keep out Samuel Young- 
love, and when they had spent as much of the night as they 
pleased, the maids were carried home. Also, he said the Major- 
General was there that night inquiring for a young beast ; but he 
did not stop the merriment. Sworn in Ipswich court, Apr. 9, 
1657. 

t William Tidcom presented for lying at a general town meeting 
when they voted for governor. Being deputy and moderator in 
the meeting, he stood up and said, " I do afirm upon my knoulidg 
that the Court have made an order that ther shal bee no maier 
genaral ;" giving as the reason the saving of expense. Also, in the 
ordinary before many people, he assured them that there was no 

jAutograph. 



1657] RECORDS AND FILES 41 

Hackaliah Bridges fined or to be whipped for lying, and to pay 
Josias Hubbard for his gloves.* 

Andrew Tarvarse and Michaell, the Irishman, ordered to ac- 
knowledge their offence at the next lecture at Ipswich or pay a 
fine. 

Edmond Bridges fined for writing a note in Kowley meeting 
house in lecture time to John Tod, for five shillings, in his father's 
name.f 

law about spinning. Again, at Mr. Noices house, Richard Browne 
told William Tidcom that his brother, Steven Greenlefe, was trou- 
bled with the testimony that he gave before the arbitrators. 
Tidcom affirmed that he signed no writing, notwithstanding An- 
tony Sommarbe wrote the testimony and Tidcom signed it. John 
Hcuchen gained several bushels of corn by this testimony. Wit: 
Richard Browne, Henary Jaquish, John Knight, Captain Gerish, 
Niclas Noic, Richard Knight, Atony Sommarbe, Henary Luut and 
Heu March were the arbitrators. 

John Emery, sr.,J John Bartlet,J John Hutchins,| John Rolfe,| 
John Musselwhit,f John Cheney, | Samuell Plumer,]: Richard 
Dole, I Joseph PIumer,J Niclos Batt,J Frances Pluraer,J Robert 
Coker,$ Archelaus Woodman, $ John Mehell,t Cristopher Bartlet,J 
Steven Swett,j Wiliam Sayer,i Thomas Blomfeild,| John Emery, 
jr., J and John PoorJ certified to the court that to their great grief, 
their neighbor, William Titcomb, was complained of. They testi- 
fied that they had known him for years, and observed him to be 
honest and christianlike in his conversation, and not a liar, etc. 
Sworn in Ipswich court, Apr. 9, 1657. 

Henri JaquisJ testified. Sworn Apr. 9, 1657. 

Hugh March I also testified concerning the arbitration between 
Steven Grenlefe and John Huchings. 

*Johu Founglove and Samuell Belcher deposed that they in- 
quired of Hackaliah Bridges one night that week concerning a pair 
of gloves with black fringes, which Nehemiah Jewet took from 
Edmun Bridges, laying claim to in his brother Josiah Hubbard's 
name, and Hackiliah said that he bought them of John Smith of 
Rowley for two shillings. Sworn in Ipswich court, Apr. 9, 1657. 

fiSTathau Parker testified that Edword Brogis, doing some work 
for him, his father not being at home, said deponent must pay him 
in wheat next time he went to Ipswich with his cart. He did so, 
and met Edword Bregis in the street by Goodman Cospns' shop. 
He said pay it to Goodman Tod of Rowly, etc. Sworn, 9:2: 
1657, before Simon Bradstreet.J 

Shoreborne Willson deposed that in the meeting house at Rowley 
lecture in February last, he saw Ed. Bridges in sermon time get a 

JAutograpli. 



42 SALEM QUARTERLY COURT [June 

James Barker freed from ordinary training, paying five shillings 
yearly for the use of the company. 

COUKT HELD AT IPSWICH, MaY 26, 1657, BY ADJOURNMENT. 

In the case of Mr. Eichard Dummer of Ipswich v. Phillip Nel- 
son, the words " there children " meant all the children. Plaintiff 
appealed to next Court of Assistants. 

Court held at Salem, 30 : 4 : 1657. 

Present : Worshipl. Simon Bradstreete, Worshipl. Dan. Denni- 
son, Maj.-Gen. Mr. Sam. Simons and Major Willm. Hathorne. 

Jury of trials : Mr. Tho. Gardner, Mr. John Browne, Serg. 
Tho. Hayle, John Millord, John Raman and Willm. Golt of Salem ; 
Hen. Collins, Garrett Spencer, Jon. Fuller and Eobt. Potter of 
Lynn; Willm. Haskall of Gloster ; and Rich. Hutten of Wen- 
ham. Left. Lothrop, Mr. Jewett, Rob. Lord and Hum. Woodbery 
chosen in place of the Lyn jurymen in Tho. Dexter's case. 

Robert EUwell of Gloster sworn constable of Gloucester. 

Andrew Mansfield and Richard Blood sworn constables of Linn. 

James Axie sworn clerk of the market for Lyn. 

Jon. BartoU fined a noble for absence from the grand jury. He 
appeared, and fine was abated. 

Mr. Zacheus Gold acknowledged judgment to Mr. Hen. 
Bartholmew. 

Wm. Waters of Marblehead appointed administrator of the es- 
tate of his father, Stephen Waters, deceased. 

piece of paper of Daniell Warner, jr., and write on it, and over his 
shoulder read these words : "Goodman Tode, I would entreate 
you ;" and he gave it to Tod after the lecture, and said his father 
sent it. His father denied it later in his shop. Sworn, Apr. 9, 
1657, in Ipswich court. 

Thomas Varnham, aged twenty-five years, deposed that he heard 
that Edward Bi-idges was gone from his master's to Ipswich with- 
out his master's consent. He met Bridges going home, and the 
latter said he had a letter from his father to his master. He showed 
deponent a letter directed to Mr. Bradstreete. Sworn, Apr. 2, 1657, 
before Daniel Denison.* 

Samuell Lumas testified the same as Willson. Sworn, Apr. 2, 
1657, in Ipswich court. 

Danill Warner, jr., deposed about the piece of paper. Sworn, 9: 
2 : 1657, at Ipswich court. 

♦Autograph. 



1657] RECORDS AND FILES 43 

Civil cases: — 

Thomas Dexter v. Thomas Lai ton, George Keaser, Robert 
Coates and Joseph Armytage, for Lynn. About title to Nahant, 
for trespass by keeping cattle, cutting wood and building houses 
there, etc. Verdict for defendant. Appealed. Thomas Dexter 
and Richard Woody, his son-in-law, bound to prosecute appeal.* 

Maj. Willm. Hathorne and Amos Richardson, assignees of Mr. 
John Giffard v. Roger Tyler. For not satisfying an execution 
against Joseph James, for which he was security. f 

Thomas Gage v. Allen Breede, who married the widow of Will. 
Knight. About pay for a cow which belonged to said Gage's wife, 
Joanna, daughter of said Knight. 

*John Ramsdell, aged fifty-five years, deposed that twenty-five 
years ago, when he was a servant of Captain Tomer, his master 
and other inhabitants of Lynn, before it was a town, fenced in 
Nahant. That by reason of these householders fencing, they had 
put their cattle there without molestation all these years. Sworn 
in Salem court, 30 : 4 : 1657, before Elias Stileman,J clerk. 

Christopher Linse testified that Thomas Dexter bought Nahant 
of Black Will or Duke William, and employed him (said Linsee) 
to fence part of it when he lived with Thomas Dexter. Sworn, 
15 : 2 : 1657, before Fra Johnson, t commissioner. 

John Hedg, aged forty-five years, testified that about twenty-five 
years since, Mi'. Vmphries, who was then his master, with several 
others of Lynn, " as now is," fenced in Nahant and put in some 
cattle. Sworn, 27 : 2 : 1657, before Thomas Marshall,! commissioner 
of Lynn. 

" The testimonie of william winter Aged 73 years or theirabouts, 
Testifieth that Black will or duke william soe Called came to my 
house (w'''^ was two or three miles from Nahant) when Thomas 
Dexter had bought Nahant of him for a sutt of Cloths, the said 
Black will Asked me what I would giue him for the Land my house 
stood vppon, itt beinge his Land and his Fathers wigwame stood 
theirabouts, James Sogomore & John, & the Sogomor of Agawame 
& diuers move, And George Sogomor beinge a youth was p'sent all 
of them acknowlidgiiige Black will to be the Right owner of the 
Land my house stood one & Sogomor hill & Nahant was all his 
and further saith not 

" This is A Coppie of an oath taken before me Fra. JohnsonJ 
Commission^ 15"^ 2"^^ 1657." 

fWrit, dated 22 : 4 : 1657; signed by Elias Stileman,| for the 
court; served by Samuel Archard, J marshal of Salem. Attached 
wheat and Indian corn. 

tAutograph. 



44 SALEM QUARTERLY COURT [June 

John Hathoi-ne and Samnell Archard, assignees of Mr. Samll. 
Bennett v. Mr. Henry Webb. Debt for work at the Iron works in 
carting coal and mine. Transferred to Ipswich court. 

Eoger Haskall v. Jacob Barney and Wm. Dodg, attorneys to 
Garviss Garford. For not laying out four score acres of upland 
according to agreement.* 

Thomas White v. Isaack Cozens. For unjust molestation, in 
carrying his goods out of his house illegally. Withdrawn. f 

John Bradstreete, attorney to Mr. Wm. Stratton, appealed from 
Marblehead commissioners. Review. Suit against Ed. Pitford.t 

Joseph Armytage v. Edward Eichards. About the delivery of a 
boat, and not paying " old Ward of Boston." Withdrawn. § 

Joseph Armytage v. Edward Richards. Defamation. Review 
of a case tried in 1652. 

Joseph Armytage, assignee to Henry Fane v. George Halsoll. 
Withdrawn. 

Elias Stileman, assignee of Rich. Singletary v. Tho. Davis and 
Robt. Swan. Mr. Juett said that defendant would pay. 

Isaack Cozens v. Nathaniell Putnam. Debt. Withdrawn. 

Phillip Nelson v. Mr. Rich. Duuier. For the estate of Mr. Thomas 
Nelson, for the time when he was agent of said Thomas. || 

*Writ, dated 20 : 4 : 16 — , addressed to the marshal of Salem. 

tWrit, dated , served by Browne,^ marshal. 

jWrit : Edward Pittford v. William Straton, dated July 28, 
1656 ; signed by Era. Johnson, H for the court ; served by Samll. 
Gatchell,^ deputy-constable of Marblehead. Grounds of appeal of 
Mr. Stratton, made by John Bradstret,^ dated June 23, 1657. 

At the arbitration, William Beale's testimony and Edward 
Pittford's and John Bartol'ls receipts were presented. Copy of Ed. 
(his mark) Pitford's receipt from William Beale for amount agreed 
by arbitrators, Mr. Johnson and John Bartoll, part in money and 
part in nails, dated, 28: 11:1651. Wit: Nathaniel Pick man and 
Richard (his mark) Rowland. Copy made by Francis Johnson.^ 

William Beale and John Bradstreette deposed that they heard 
Edward Pitford say that the work he sued Mr. Stratton for was the 
first work he did at the mill. Copy of verdict of the commission- 
ers' court, 4:7: 1656, for work done and for fish. Copy made 
by Francis Johnson.^ 

§Writ, dated 22 : 4 : 1657, served by Samuel Archard,1[ marshal, 
who attached house of defendant. 

II Writ: Philip Nelson v. Mr. Richard Dumer, dated, Apr. 21, 

ITAutograph. 



1657] RECORDS AND FILES 45 

Mr. Joseph Jewett, guardiau to Thorn. Nelson v. Mr. Ric. Burn- 
er. For withholding a legacy in the will of his father, The. 
Nelson. Withdrawn.* 

1657 ; signed by Robert Lord,t for the court ; served by Edward 
Browne, t marshal, by attachment of six horses, black, bay and 
gray, with marks R. D., two oxen and the salt marsh and fresh 
meadow known as Verris farm. 

John Person deposed that he bought half of the mill of Mr. 
Dumer and hired Mark Prime to run it. He also deposed that the 
mill made a profit of ten pounds the first quarter and twenty-five 
pounds and fourteen shillings for the other three quarters. Sworn 
before Samuel Symonds,t 23 : 4 : 1656. 

Receipt from Ric. Dumerf to Goodwife Crosse for fence at the 
home field at Rowley, saw mill irons and fencing the ware- 
house lot. Mark Pryme deposed that before Mr. Thomas Nelson 
went away he asked said Pryme about the profits of the mill, etc. 
Sworn before Samuel Symonds,t 23 : 4 : 1656. John Nortonf 
certified on 3 : 31 : 1656, that Mr. Dumer handed the Nelson 
account to him about May 15, 1656. Edward Woodman J certified, 
9:4: 1656, that Mr. Norton desired him to take the latter's place 
in auditing the accounts and he accordingly went to Mr. Roggers, 
the other overseer, and perused them. The accounts to be audited 
by Mr. William Browne, Mr. Edmo. Batter and Mr. Danford. 

*Writ : Mr. Joseph Jewitt of Rowley, guardiau of Thomas 
Nelson of Rowley, son of Mr. Thomas Nelson, deceased v. Mr. 
Richard Dumer of Ipswich, executor of Mr. Thomas Nelson, de- 
ceased, testate ; for legacy ; dated, June 6, 1657 ; signed by Samuel 
Green, t for the court ; served by Edward Mitchell,! marshal, by 
attachment of a house in Wattertown, with the land mostly in 
Cambridge. Copy of Thomas Nelson's will made by James Chute.f 

Copy of inventory of Thomas Nelson taken by Edward Carlton, 
Sebastian Brigham, Thomas Barker and Joseph Jewett, Feb. 23, 
1648, made by James Chute :t His apparel, 31i. lis. 6d. ; his 
silver plate, 121i. 13s.; the Pewter, 31i. 10s.; one Carpett, Hi.; 
one long Cashing, 6s. ; one Carpett, 17s. 6d. ; one Bed teaster & 
vallance, 17s. 6s. ; one peice of stuffe, 10s. ; onepeiceof Stuffe, 5s. ; 
three pillowbers, 7s. 6d. ; one Vallance for a Cupboard, 6s. ; two Pet- 
ticoats, 21i. 10s. ; one old black Gowne, 10s.; one peice Stuffe, 21i. 
10s. ; three Sheets, Hi.; three Towells, 10s. ; onediap. table Cloth, 
6s. 8d. ; one bed & a boulster, 21i. ; six bedsteeds. Hi. 10s. ; one 
Presse, 10s.; one Chest & two trunkes, Hi. ; one Costlett, Hi. ; one 
Chest & old Iron, 8s. ; eight Casements of Iron, Hi. 14s. ; one Jack 
of Iron, 8s. ; thre marking Irons, Is. 6d. ; one Clock, 21i. ; one 
Table & one buffett, 3s. ; two hay spades & one hay Crook, one 
horse Combe, 3s. ; one great Copper, lOli. ; f owre Sawes, Hi. ; two 

tAutograph, 



46 SALEM QUARTERLY COURT [June 

Robert Gray v, Abraham Whitehare. Review, Concerning his 
servant whom he left at Virginia. Withdrawn. 

Abraham Whitehaire v. Robert Gray. For leaving his son in 
Virginia. Withdrawn. 

John Todd v. John Fuller. Debt. Withdrawn. 

saddles, 6s. 8d. ; three old sickles, Is.; one Steele mitt, Hi.; one 
grinding ston, two old ropes, 2s. ; one timber Chaine, 17s. ; two 
Cowlters, two Shares & other old Iron, Hi. 13s. 3d, ; 5 Chaines & 
one pair of hookes. Hi. ; two waine head yoakes, 5s. ; two sling 
yoakes, 3s. 4d. ; one Spitt, 3s. 4d. ; two brass potts. Hi. 13s. 4d. ; 
one dripping pan, 2s. ; two old kettles, 8s. ; one paire of stillyards, 
3s. 4d. ; one becken balke, two hayles & two paire tongs, 10s. ; one 
frying pan, Is. 4d. ; one brass Candlestick, 8d. ; three waights of 
lead, lis. 8d. ; one table & two formes, 3s. ; one matteris, one pil- 
low & other bediug. Hi. ; one Chaine, 3s. ; one paire of racks, 14s. ; 
thre fowleing peeces, one Corbine & two swords, 41i. ; all the 
bookes, 91i. ; one Cart & two plows, Hi. 3s. 4d. ; two harrows, 16s. ; 
one ladder & som saw timber, 2s. 6d. ; three Iron Forks, 4s. ; live 
young Cattell, 2 yeare old, 151i. ; one black Cow, 51i. ; one black 
heift'er, 00 ; two steers, fower yere old, lOli. ; two steers three yere 
old, 81i. ; one black heiffer, 31i. 13s. 4d. ; one brown oxe, 91i. ; six 
oxen, 421i. ; fower Cowes, 171i. ; one bay mare, 121i. ; one sorrild 
mare & Colt, 121i. ; one mare & Colt, 131i. ; one gray mare, 61i, 13s. 
4d, ; one sorrild mare, 81i. ; one water mill & other implements be- 
longing to her & 10 acres of land, 120ii. ; one dwelling howse & 
barne with other howses & one orchyard, 501i. ; All the broken & 
unbroken upland and meadow lying over against the howse, 551i. ; 
all the broken up land lying in the warehouse feild, 481i. ; all the 
upland lying in Sachells meadow. Hi. ; all the upland lying at 
Sandy Bridge, Hi. ; all the upland lying by the oxe pasture, 81i, ; all 
the upland lying at Mr. Dumers Farme, lOli. ; all the meadow lying 
in Satchwells meadow, 151i. ; all the meadow on the south side of 
Sandy bridge, 91i. ; all the salt marsh lying at Mr. Dumer's Farme, 
161i. ; all the rough marsh pt. lying at Mr. Dumer's Farme & pt. at 
Sandy bridge & pt. Joyning upon the oxe pasture & pt. at the ends 

of the , lOli. ; all the meadow lying in the Straits meadow. Hi. 

5s. ; all the Comon pasture , 251i. ; all the upland at the mill, 

21i. 10s. ; all the land at the ware house, lOli. ; one brasse morter & 
an Iron pestle, Hi. 6s. ; one old bed & other beding, Hi. 13s. 4d. ; 
one brasse ladle, Is. ; 2 Acres of upland in manings Farme, Hi. 6s. 
8(1. ; one pitchforke, Is. ; one brasse Candlestick, Is. 4d. ; oneplanke 
& a stoole, 5s. 6d. ; total, 531i. 9s. lOd. 

Account of estate of Thomas Nelson, lately of Rowley, signed by 
Ric. Dumer.* 

♦Autograph. 



1657] RECORDS AND FILES 47 

The Worspl. Sam. Simons v. Edw. Browne. Trespass, in enter- 
ing his house, severing his pewter dishes.* 

Edw. Browne v. George Geedings. Appeal from judgment of 
Worpl. Sam. Simonds, for severing his pewter dishes and marking 
them. I 

Court held at Salem, 1:5: 1657. 

The court allowed certain actions commenced at this court by the 
inhabitants of Ipswich, and which were of unusital importance, to 
be taken to the General Court. Copy of records of an Ipswich 
town meeting, Feb. 25, 1655, when 2501i. were voted toward 
building or buying a house for Mr. Cobbitt. The question before 
the court was whether this vote compelled the opposing faction to 
contribute. 

Henry Kennolds of Salem sworn freeman. 

Willi of John Pickering proved by Mr. Edm. Batter, John 
Home and John Kittchen. The inventory, amounting to 137li. 3s. 
2d., was sworn to by the Widow Pickrin and allowed. 

*Writ, to replevin eight pewter dishes of Mr. Samuel Symonds 
distrained by Edward Brown ; dated, June 22, 1657 ; signed by 
Robert Lord,§ for the court; and served by Theophilus Wilson,§ 
constable. 

fCopy of letter, dated Ipswich, 25 : 4 : 1657, from Edward 
[Browne] addressed to " Brother Archer" concerning the appeal 
and verdict in the case of pewter dishes.^ 

I Will of John Pickering of Salem, dated 30 : 5 : 1655, was proved 
30 : 4 : 1657. He divided his estate into five parts, " vidz : lands 
houses Cattell houshould goods &c : Ite I bequeath to my son 
Jn° Pickeringe two parts out of my estate as aboue mencianed : at 
the age of one and twenty years Ite I bequeath to my son 
Jn°than one part and halfe out of the estate of mine as aboue said 
at the age of twenty one years Ite I bequeath the other pt & 
halfe to my wife Elizabeth for her majmtenance for her life : 
puided shee Hue vnmaried, & if her part of my estate will not 
mayutaine her comfortably : that ther shall be an alowance made 
to her out of my sons peons accordinge to the pporcon of their 
legacies But if my said wif Elizabeth shall mary againe her next 
husband to be bound to returne to my two sons their heirs 
or admnstro" or assignes|| to be equaly deuided|| the same pporcon 
or value of goods or estate, that he : shall haue : with my said wif 
wheu he doth mary her : if she die before || him || 

§Autograph. 

IThis paper is badly torn. 



48 SALEM QUARTERLY COURT [July 

Civil cases : — 

John Rouden v. Wm. Canterbery. Not entered. 

Will. Canterbery v. John Rouden. Not entered. 

Hen. Cooke v. John Rouden. Not entered. 

Anis Chubb and Elizabeth Vinsent fined for fighting, railing and 
scuffling. 

General Court referred the case of Thomas West, concerning 
burglary and stealing on the Lord's day, to this court, and he was 
found guilty. It being his first offence, he was ordered to be 
branded in the forehead with a " B " and have one of his ears cut 
off. 

Mark Bachelour brought in an inventory of his father's and 
mother's estate, amounting to 841i. 10s. 4d. To be paid to his 
brother John, under 21 years, and to his sisters, Elizabeth and 
Hannah, each under eighteen years. 

Thomas Robins bound for his wife's appearance to answer to a 
charge of concealing things stolen by her son. She was fined, and 
ordered to pay Robt. Lord. 

Lidia Norman admonished for being abroad at night where there 
was feasting and drinking, and for riding behind two fellows at 
eight o'clock at night without her master's or dame's consent. 

County rate on heads and estates to be gathered. Treasurer to 
pay Mr. Batter his bill. 

Willm. Robenson of Salem asked to be relieved from paying 5s. 
yearly to the military company of Salem. Court remitted it to a 
bushel of Indian corn. Robenson refused, and chose rather to go 
eight times into the field yearly and stand sentinel when com- 
manded. 

" Ite I give to my son Jn° my musket and Armes compleate and 
the choise of my foulinge peeces Ite I giue to my son Jn'^athan my 
other foulinge gune and my Carbine Lastly my will is y* when 
my Children comes to age to inioye their peons : y* : the increase 
or losse y* then shall be found to be in my estate more or less then 
was at my death shall be borne by them, vidz : my wif & Children 
It I make my beloued wif Elizabeth & my sons John and Jonathan 
my Executrix & Executors It I apoynte & Defire John Home 
and Edmond Batter my ouerseers : to see the ffulfilling of this my 
Last will and I giue to each of them twenty shillings. John Pick- 
ering."* Wit : Edmond Batter,* John Home,* Francis Lawes* 
and John Kitchiug.* 

♦Autograph. 



1657] RECORDS AND FILES 49 

Christophr. Lynsie of Lynn bound to good behavior for bringing 
in a false deposition, thereby perjuring himself. 

Mr. Edmond Batter freed from the troop, but to bear arms in the 
foot company of Salem, as formerly. 

Mr. Edmond Batter's account as treasurer of the county, accepted. 

Alice Bullock, widow, appointed administratrix of the estate of 
her husband, Hen. Bullock, deceased. Inventory,* 12111. 2s. The 
estate given to the son who was under twenty-one years, to the 
daughter, under eighteen years, and to the widow for the bringing 
up of the children. The feather bed mentioned in the inventory to 
be the property of the son after his mother's decease. 

Cassandrum, wife of Larrance Sutherick, was admonished for 
usual absence from meeting. 

♦Inventory of the estate of Henry Bullocke, jr., taken by Mr. 
Thomas Gardiner and Nathaniel Felton.f 10: 10: 1656: The 
house and outhouses thereto belonging wth. 20 acres of land thereto 
belonginge joyninge unto it and 20 acres in the north feild and 6 
acres of meadow bought of Mr. Endecodt lyinge in the broad meadow 
against the farme given to Mr. Bishop and a lease of 8 acres 
for 6 yeares lyinge in the meadow called willeses meadow, £50; 2 
stieres, £8 ; 2 Cowes, £6 ; 1 heifer, £2. 10s. ; 7 loads of hay, £7 ; 2 
sheepe & 2 ewe lambes, £5 ; 5 younge swine, £1. 16s. ; 15 bushels 
of Indian corne, £1. 17s. 6d. ; 1 feather bed and boulster, £3 ; 1 
Rug and 2 blankets, £2; 2 feather pillows, 10s,; 1 flocke bed and 
bed and boulster, £1; 1 Coverlet & 2 blankets, £1. 10s.; 2 bed- 
steads, 15s. ; Curtaynes & vallons, £1, 10s. ; 2 payre of Sheets, 2 
pillowbeares & 2 napkins, £1. 10s. ; his wearinge apparel, £6; 2 
chests, 15s. ; 4 chayres, 8s. ; a warminge pan, 5s. ; 2 muskets, 1 
sword, 2 payre of bandeliers, £1. 15s. ; 1 brasse ketle, 10s. ; 2 Iron 
pots, 10s. ; 2 frying pans, Ss. ; Peuter, 10s. ; 1 hake, a payre of 
tongs & a frye pan, a payre of andirons, a spit & 2 skillets, 13s.; 
Axes and other workinge tooles, £1 ; 20 yards of linnen cloth, £1. 
10s. ; a cradle, 5s. ; a pestle and morter, 2s. ; planks, 10s. ; hemp 
and flax, £1; flesh, Butter and cheese, £1 ; old barrels, tubs and 
payles, 12s. ; old lumber, 10s. ; a mare colt, £8 ; total, £119. 18s. 
6d. Estate debtor to Mr. Corwine, £2. 8s.; Mr. Willyam Browne, 
£1. 15s. ; Mr. Cromwell, £1. 8s. ; Thomas Bootes, 10s. ; the ('ovv 
keeper, 10s. ; Sam Eburne, 8s.; Ralph Tompkins, 7s.; Willyam 
Robinson, 4s. 2d. ; Richd. Leach, Is. 4d ; Edward Wharton, 12s. ; 
Adam Westgate, 4s. ; Widd. Giles, 7s.; Mr. Gardiner, 4s.; total, 
£8. 18s. 6d. Estate creditor, due from Anthony Nedham, £6; 
Goodman Herod, 12s. ; John Concklinge, £1; John Scot, £2. 10s. ]^ 
total, £10. 2s. ; whole estate, £ 121 2s. 

t Autograph. 



50 SALEM QUARTERLY COURT [July 

John Hathorne of Lyn was admonistied for contemptuous words 
against authority, spoken to Bray Wilkins, constable of Lyn, while 
executing his office. 

Francis Vssellton fined for cursing a swine of Henry Haggett, 
'•' A pox a god upon her & the divill take her." 

Francis Vssellton fined for taking Ann, wife of Hen. Haggett, by 
the shoulders and throwing her down, etc. 

Arrabella, wife of John Norman, fined for striking the wife of 
Nicho. Vinson. 

Martha Woolfe and Elizabeth Woodbery, presented for fighting 
together, were discharged.* 

Martha Lemon, daughter of Robt. Lemon, to be fined or whipped 
for birth of a bastard child. Her mother engaged to pay the fine. 

Hugh Alley fined ten shillings for being drunk. 

Major Hathorne brought in fines against Edw. Pitford and John 
Pickworth for being drunk, the former being in Mr. Batter's hands. 

Maj. William Hathorne was appointed clerk pro tem, to serve in 
the absence of the clerk 

George Farr of Lyn, witness in case of Tho. Dexter and the 
town, presented for taking a false oath. 

Five shillings to be allowed the servants of the house for their 
attendance. 



♦Elizabeth Woodberry related that she watched two oxen feed- 
ing in her husband's field and fearing that they should go into 
Peter Woolfe's ground, she went to that side of the lot and sat 
down. Goody Woolfe came with a stick and said that one of the 
oxen was feeding on their ground, and struck Mrs. Woodberry with 
the stick and scratched her. To prevent another stroke, said 
Elizabeth pushed her away from her, and there being a small 
bush there, Goody Woolfe stumbled and fell down. Upon getting 
up again, she attempted to strike deponent with her hand, but the 
latter went further on her own land. Deponent's face and hand 
were all bloody. Goody Woolfe said that she thought the devil 
would take her for lying and that Elizabeth went to the meeting 
for nothing but to deceive others. The latter went to two brothers 
of the church and showed them the blood on her face, but they said 
that the church could not deal with Goody Woolfe because there 
were no witnesses. Goody Woolfe's husband and son were at home 
in the lot at the time. Certified to by Zebulon Hillt and John 
HiU.t 

tAutograph. 



3657] RECORDS AND FILES 51 

Court held at Salem, 6:5: 1657. 

George Farr of Lynn recognized to appear at court for taking a 
false oath. 

Court held at Ipswich, 29 : 7 : 1657. 

Judges : Mr. Brodstreet, Mr. Symonds, Major-General Denison, 
Major Hathorne and Mr. Will. Hubbart. 

Jury of trials : Mr. Jo. Appleton, Ensigne Howlett, John Per- 
kins, John Ayres, And. Hodges, Dan. Thurston, John Cheney, 
Ebt. Addams, John Tod, James Bayley, John Smith and Fran. 
Pabody. 

Grand jury : Joseph Medcalfe, The. Tredv^ell, Phillip Fowlar, 
Tho. Bishop, Dan. Hovey [John Emery. — Waste Book.^, Joh. Bart- 
lett. Hen. Lunt, Will Assye, James Barker, Tho. Lever, Tho. 
Browneing and Robert Barnerd. 

Civil cases : — 

Mr. Robert Payne, executor to Mr. John Ward v. Anthony Loe, 
executor to his father, John Loe. Withdrawn. 

Richard Kent v. John Cheny. For denying him a way where it 
was laid out. John Chenye ordered to make the way laid out by the 
town suflBcient, as Mr. Nicolas Noyse and Henry Short should 
judge, etc. 

Lt. John Pyke v. Richard Kent. Trespass. For cutting grass 
upon his lot at Plumb Island and carrying it away under pretence 
of trying the title.* 

*Richard Dolef testified that he heard Richard Kent acknow- 
ledge that his boys had cut grass at Plum Ilande, on the seventh 
lot ; that he did it to try the title. Sworn in Ipswich court, 29': 7 : 
1657. 

John Webster testified that being at Plum Illand he saw Rich- 
ard Kent, Jams Kent, John Kent and Josiah Parker carry the 
cocks of hay on the seventh lot and stack it on the sixth lot. 
Sworn, 29 : 7 : 1657, in Ipswich court. 

John Emmerry, sr.,f testified that Richard Kent told Lt. John 
Pike that his boys cut hay, etc. Sworn, 29 : 7 : 1657, in Ipswich 
court. 

Copy of order of town of Newbury about division of and pro- 
prietorship of the commons, May 12, 1641, and Dec. 7, 1642, made 
by Anthony Somerby.f 

Copy of orders of town of Newbury, May 5 and June 25, 1656, 

tAutograph. 



52 IPSWICH QUARTERLY COURT [Sept. 

John West v. John Marshall. Defaulted. 

John West v. Thomas White. Debt. Defaulted. 

John Smith v. Thomas Perry. 

Jonathan Platts v. Thomas Perry. Debt. 

Benjamin Baker v. Thomas Wetherell. Debt. 

Mr. Stephen Biles v. John Bryden. For withdrawing from the 
ship to plaintiff's great damage. Ordered to return to the ship. 

Mr. Stephen Byles v. Julious Croft. For withdrawing from the 
ship to plaintiff's great damage. Ordered to return to the ship.* 

Edmond Bridges, jr. v. Mary Quilter. Slander. Withdrawn. 

General Court moderated fines of Nicolas Jackson and John 
Trumble for not proving the wills of their wives' former husbands, 
Hugh Chaplin and Mighill Hobkinson. 

as to division of Plum Island grass. The seventh lot was granted 
to Lt. John Pike. Copy made by Anthony Somerby.f 

The selectmen of Newbury and the three commissioners, with 
Richard Knight, chosen Mar. 1, 1651, "to stint the common," Copy 
by Anthony Somerby.f 

Copy of record of the General Court, 2:3: 1649, of receipt of 
petition from Newbery for confirmation of Plumbe Hand to them ; 
voted that it be divided into five parts, two to Ipswich, two to 
Newbery, and one to Rowley. Copy by Wm. Torrey,t clerk, 14 : 
3: 1657. 

Special verdict : Common land in Plom Hand belonging to 
Newbery, they found to be divided equally amongst the freehold- 
ers. If this were according to law, they find for plaintiff ; if not 
according to law, for the defendant. 

*Power of attorney from Stephen Bilest of London, mariner, 
commander of ship Eve, of London, to Arnold Elzey of London, 
merchant, to implead Julius Croofte and Jon. Braiden, both shipped 
by him as servants and seamen ; dated, Sept. 29, 1657. Wit : John 
Gedneyf and Thomas Cromwell. f 

Mate James Mansfild, bouson Roger Trevear, chirurgeon John 
Frewen, gunner Humfrey Scale and carpenter Edmon Fox, certi- 
fied last of September, 1657, at Salem, that they were shipped at 
London by Mr. Stephen Bylls, commander of ship Eve, of London, 
to proceed thence to this country. They were then to proceed to 
Pharoe or any port in the French king's dominions, and so to re- 
turn to England. Wit : Edmo. Batterf and John Gedney.t 

Deposition of John Fruen that the ship Eve, of London, was 
bound for New England, and thence for Farough in Portinggall or 
any port in France, and the voyage was known at Boston before 
the ship came out. Sworn in Ipswich court, 29 : 7 : 1657. 

tAutograpb. 

t Autograph and seal. 



1657] RECORDS AND FILES 53 

Rebeacha Brodstreet chose Joseph Jewett to be her guardian, 
and he acknowledged that he had received her portion of the estate 
of her father, Humphry Bradstreet, given to her in his will from 
her mother, Bridgett Broadstreet, executrix of the will. 

Robert Elwell, being attached by Elias Parkman, and the writ 
not entered, was allowed costs. 

John Redington, chosen by Topsfield as clerk of the writs, was 
confirmed. 

William Gibbs, complained of by Myghill Emerson, upon sus- 
picion, denying that he saw a house when it was witnessed by two, 
to pay charges of the complaint.* 

Margret Scott was appointed administratrix of the estate of her 
late husband, Thomas Scott. 

"William Dellow fined for pilfering, etc., and bound to good 
behavior. t 

Edmond Bridges, for fornication, etc., to be severely whipped 
and bound to good behavior. Mary Browne, for suffering such 
misdemeanors, to stand by and see him whipped, f 

*Anne, wife of Francis Tharlay, testified that William Gibs 
came to their house the day the jacket of Michaell Emerson was 
lost. Gibbs asked her what two houses those were at the foot and 
the great barn upon the hill, and she told him Goodman Chater's. 

Francis Tharley testified the same, etc.§ 

William Gibs acknowledged himself bound to appear at next 
court at Ipswich to answer complaint of Michael Emerson for 
suspicion of stealing a coat; taken, July 14, 1657. Copy made by 
Daniel Denison.|| 

Examination of Willm. Gibbs : He said he went into a swamp 
Saturday last, nearly half a mile above Goodman Thirril's, to cut a 
pole and that he did not see Goodman Chator's barn nor any coat 
hanging near the barn, and on his return he met four Indians in 
the path towards Goodman Therril's. Taken by Daniel Denison.|| 

t William Dellow acknowledged that he took a beetle and wedges 
from John Caldwell's, and then denied it. 

Robert Collings swore that Will. Dellow denied both forks, but 
confessed he took one. He confessed also that he took Goodman 
Symond's plow. 

t Samuel Younglove, aged twenty years, testified that Edmond 
Bridges was mowing with him, and Bridges told "him about his 
undue relations with Mary Browne and Mary Quilter, and John 
Allen with Mary Browne ; and he had been persuading Thomas 
Gittins and others, etc. Sworn in Ipswich court, 29 : 7 : 1657. 

§Shorthand on reverse of paper. 
II Autograph. 



64 IPSWICH QUARTERLY COURT [Sept. 

Hackaliah Bridges to be severely whipped for fornication. Or- 
dered to give bond of good behavior and to lie in prison until he 
secured bail, to discharge the town about bringing up the child. 
Mary Quilter to be severely whipped for fornication.* 

Edmond Bridges bound to good behavior, especially towards 
Mary Quilter. 

An Trumble was appointed administratrix of the estate of her 
late husband, John Trumble. There were eleven children of three 
marriages. The estate was ordered to be divided, to four of Mig- 
hill Hobkinson's, five of John Trumble's before he married her, 
and two of his and hers, viz. : To Jonathan Hobkinson, 251i. ; 
Jeremiah Hobkinson, 181i. ; John Hobkinson, 181i. ; Caleb Hob- 
kinson, 181i. ; to John Trumble, 151i. ; Hannah Trumble, Sli. ; 
Judah Trumble, Sli. ; Ruth Trumble, Sli. ; Joseph Trumble, Sli. ; 
and to Abigaill Trumble and Mary Trumble, children of John and 
An, 201i. each. The rest of the estate, o51i., was allowed to the 
widow.t 



Simon Stacey deposed that he met Edmon Bridges on lecture 
day, and asked him (Bridges) if he had heard of the story around 
town of him (Bridges) and two wenches. Deponent said he had 
not. Bridges said he told Samuel Younglove about it, and the 
simple fool went and told Thomas Fowlar. Bridges confessed it 
in court. 

John Allen deposed that he saw Edmond Bridges at Mr. Hub- 
bard's house two or three times this summer ; and saw his unseem- 
ly carriage towards Mary Browne, etc. 

*John How deposed that last Michaelmass, going over the new- 
bridge he overtook Hack. Bridges, who asked him to go with him 
(Bridges) to Mr. Eogers', where he said he had a wench, Mary 
Quelter, and boasted of his relations with her. How went with 
him as far as William Avrey's. Then said How left and continued 
on to his uncle Daves, and Bridges went to Mr. Rogers'. Deponent 
spoke to him of this business in the prison, and he bade him hold 
his peace, for he had resolved to deny it, and knew they could not 
whip him, unless they could prove it, or How confessed. Sworn 
in Ipswich court, 29 : 7 : 1657. 

tinventory of estate of John Trumble of Rowley, deceased, ap- 
praised by Joseph Jewit, Maximilall Jewit, Thomas Dickinson and 
John Pickerd, sworn to by his widow, Ann Tromble, in Ipswich 
court, 29 : 7 : 1657 : Hous and barne, gardings, orchards, swamps 
belowe and all below the house and streett, 261i. ; in Bradforth 
street lots, five acres and a half, ISli. ; in Batchelers feild,two acres 
and a half, 61i, ; in the marsh feild comanly called Mr Dumers 



1657] RECORDS AND FILES 56 

Humphrey Griffen allowed to be common packer of beef and pork 
for Ipswich. 

Court held at Ipswich, Nov. 19, 1657, by adjournment. 

Newbury, presented for defect in highways, being now mended, 
was discharged. 

Ned Acockett, an Indian, acknowledged judgment to Jeremiah 
Belchar. 

Ned Acocket acknowledged judgment to Zacheous Gould. 

Eeginall Foster and Thomas Emerson of Ipswich made free. 

Daniell Wycome fined upon his presentment. 

John Chattour to pay fees, etc.* 

farme, meadows & upland, Eight acres, 121i. ; Three cowe Gattes 
and a quarter, 21i. 3s. 4d. ; his land in the northeast f eild, 4 acre 
and a half, 51i. ; Bought land in batchelders feild, three acre, 91i. ; 
in land at the new plaine, 81i. ; in meadowes, 4 acre, 91i. ; in 4 gates 
more upon the Commans, 21i. 13s. 4d.; in corne upon the ground 
and grass upon the meadows, 141i. 16s. ; one mare and one year- 
ing colt, 201i. ; Three oxen and one stere, 191i. ; Six cowes, 181i. ; 
one hefer of two yere old, 21i. 10s. ; Two catle that is one yere 
old, 31i. ; Two calves, Hi.; in swine, 7li. ; his apparill, 61i. ; in 
Books, Hi. 6s. 8d. ; in a bearing finer linen and Three course sheets, 
21i. 10s. ; one Bed and bed cloathes thereon, 51i. ; one Rug and one 
Covering, Hi. 4s. ; in cotten woole, 71i. ; Chists & one trunke. Two 
hogsheads and kushings, Hi. lis. ; one halbird, one sword, one pair 
of Bandelers, 15s. ; more in Beding, one ruge more, 21i. ; one 
sword more, one fouling peice, with kettls, pots & other small mat- 
ters, 51 i. 6s. ; In pewter. Hi. ; in wooden vessell, Hi. ; in Tools 
belongin to his traid. Hi. 10s. ; a saddl, Bridle, apannell, with some 
other small matters, 14s. ; in cart, plow and other Instruments of 
husbandry, 31i. 10s.; in cowper wood, 10s. ; in wheat, malt, Indian, 
with Bags and other imploments, 2ii. ; in brick, 4s. ; total, 22511. 
17s. lOd. Debts owing : To John Tod, 31i. 16s. 3d. ; to Mr. 
Joseph Jewit, Hi. ; total, 41i. 16s. 3d. 

*William Morse deposed about John Cheater and the value of 
the beast, appraised by Anthony Morse and Bengemine Sweate. 
Deponent persuaded Cheater to give the beast to Mistris Noice. 

William Trotter deposed that he was at work at Goodman 
Cheatter's with the latter's man, Francis Waker, and he asked 
Waker about the beast now in controversy with John Poore, being 
the same his master had earmarked the year before. 

Joseph Noyest and Roberd (his mark) Saveri deposed that it 
was Mr. Noyes' steer. Sworn in Ipswich court, 19 : 9 : 1657. 

+ Autograph. 



56 IPSWICH QUAKTERLY COURT [NoV. 

John Boynton admonished upon his presentment. 
Humphry Griffen fined upon his presentment. 

Peter Godfry* testified he went to look for a steer that was lost 
out of Mr. Noyse's herd and found it at John Cheter's with new 
earmarks. Sworn, 19 : 9 : 1657. 

Goodwife Barbara (her mark) Ilsly deposed that twelve months 
ago when John C hater brought a beast to his father Emery to be 
killed, etc. 

Frances (his mark) Waker deposed that his master Chater 
branded certain letters, etc. 

Nicholas (his mark) Browne, servant to John Chater, testified 
that the steer came to his master Chater 's and he branded him. 
Sworn in Ipswich court, 19 : 9 : 1657. 

Alls, wife of John Chater, deposed. 

Nicolas Browne deposed before Francis Thorlla.* 

John Chater's two children deposed that the steer Mrs. Noyes 
had was one of five cattle brought from Kowly and at first 
they called him " Wild Rascol," but after he was marked, they 
called him " Matt." The beast John Pore had was called " Tiger." 
Deposed before John Emery, jr.* 

Steeven Webster, aged about twenty years, deposed. 

Mary Emerry deposed. 

Francis Walker deposed before Shubael Dummer* that the ox 
Goodman Poore had had no earmark in 1655, and the beast Mr. Noise 
had was three years old and as large as any his master had, except 
one of a Dutch breed. 

Nicholas Noyes* and Joseph Noyes* deposed. Sworn in Ipswich 
court, 19 : 9 : 1657. 

Jeremiah Elsworth* stated that upon his marriage with Mary 
Smith, he bound himself to Thomas Dickanson, John Pickard and 
Deacken Jewett, in the sum of two hundred pounds ; bond, dated 
26 : 9 : 1657. Wit : Joseph Jewett, Thomas Dickanson and John 
Tod ; conditioned to pay their portions to Hugh Smith's children : 
viz : Samwell, Mary, Sara, Hannah, Marthay and Edward Smith. 

Petition of Peter Harvi,* Richard Palmer,* Richard Comer* and 
Moses Ebern,* for the four daughters of Humphrey Gilbert, de- 
ceased, and their husbands, Jan. 20, 1657, to appoint the four hus- 
bands, the petitioners, administrators on said Gilbert's estate of six 
acres of fresh meadow. They were appointed. 

Vital records of Newbury, Mar. 25, 1656, to Mar. 25, 1657 : — 

Peter Godfry married Mary Browne, May 13, 1656. 

Satnuell Moore married Mary Ilsly, Sept. 12, 1656. 

Nathaniell Weare married Elizabeth Swayne, Dec. 3, 1656. 

John Roafe married Mary ScuUerd, Dec. 4, 1656. 

Robert Savory married Mary Mitchell, Dec. 8, 1656. 

•Autograph. 



1657] RECORDS AND FILES 57 

John Tilison sentenced to the house of correction, but released 
and bound to " good behaviour & to liue with his wife & pvyde for 
her acording to his place as a husband ought to doe." 

Thomas Seeres married Mary Hilton, Dec. 11, 1656. 
Mr. James Noyes died Oct. 22, 1656. 
Edmund Moores died Nov. 8, 1656. 
Mafy Bolton died Dec. 6, 1656. 
William Richardson died Mar. 25, 1656. 
Rebecca, daughter of William Titcomb, born Apr. 1, 1656. 
Rebecca, daughter of Thomas Blomfeild, born May 4, 1656. 
Moses, son of Capt. Will. Gerish, born May 9, 1656. 
Edward , son of Samuell Poore, born May 22, 1656. 
Elizabeth, daughter of Edward Woodman, jr., born July 11, 
1656. 

Elizabeth, daughter of Francis Tharlay, born June 3, 1656. 
William, son of William Pilsbury, born July 27, 1656. 
Benjamin, son of Benjamin Swett, born Aug. 5, 1656. 
John, son of John Allen, born Aug. 28, 1656. 
Sara, daughter of Sollomon Keyes, born Aug. 24, 1656. 
Sara, daughter of Lyonell Worth, born Oct. 12, 1656. 
Lidia, daughter of John Poore, born Dec. 5, 1656. 
Hugh, son of Hugh March, born Nov. 3, 1656. 
Benjamin, son of Joseph Plumer, born Oct. 23, 1656. 
Jonathan, son of John Bishop, born Jan. 11, 1656. 
Nicholas, son of Nicholas Wallington, born Jan. 2, 1656. 
Susanna, daughter of Robert Long, born Nov. 14, 1656. 
Hanna, daughter of James Mirick, born Feb. 6, 1656. 
Andrew, son of Peter Godfry, born Mar. 3, 1656. 
Benjamin, son of Will. Richardson, born Mar. 13, 1656. 

By Anthony Somerby.* 
Rowley vital records, 1657 : — 
Mr. Phillip Nellson married Sariah Jewitt, June 24. 
John Brocklbank married Sariah Woodman, Sept. 26. 
Jeremiah Elsworth married Mary Smith, sr,, Dec. 2. 
Nathaniell Elithorp married Mary Batt, Dec. 16. 
Thomas Teney married widow Elizabeth Parrat, Feb. 24. 
John Smith married Faith Parrat, sr., Feb. 24. 
John, son of Thomas Burkbee, buried July 15. 
John Trumble buried July 18. 
An, wife of Thomas Teney, buried Sept. 26. 
Samuell, son of James Bally, buried Nov. 28. 
Elizabeth, wife of Lb. Joha Rsmtnington, buried Dec. 24. 
Thomas, son of Richard Longhorne, born the last of June. 
Jonathan, son of Thomas Leaver, born Aug. 28. 

* Autograph. 



68 SALEM QUARTERLY COURT [NoV» 

Ned Acockett to be severely whipped, and returned to the house 
of correction until he give bond of good behavior, and to keep the 
child. Such security as the magistrates and Mr. Hubart shall see 
fit. 

Sarah Jordon to be severely whipped for misdemeanors. 

Thomas Perry testified that he had not concealed any part of 
his estate and had not enough to satisfy the judgment. Ordered 
to pay the debt by sevice and to be discharged from prison. 

The young men summoned to court about not going to service to 
appear before the selectmen and abide their order. 

Court held at Salem, 24 : 9 : 1657. 

Daniell Salmon confessed judgment to Tho. Wheeler. 

Tho. White confessed judgment to John West. 

Present : Worl. Simon Brodstreete, Mr. Simons, Dan. Denison^ 
Major-General, and Maj. Wm. Hathorne. 

Grand jury : Jno. Ruck, Jno. Simons, Georg Norton and Sam. 
Corning, all of Salem ; Mr. Tho. Layton, Allen Bread, Ric. John- 
son and George Tayler, all of Lyn ; George Blake of Gloster, in 
place of Jo. Davis, Rob. Gowen of Wenham ; Sam. Freind of Man- 
chester, Jno. Peach, jr., of Marblehead, and Austun Kelum, in place 
of Robert Gowin. 

Jury of trials : Mr. Roger Conant, Walter Price, Robert Lemon, 



Mary, daughter of William Law, born Oct. 15. 

Timothie, son of John Harris, born Nov. 1. 

Robert, son of Robert Hesseltine, born Nov. 7. 

Frances, son of John Palmer, born Dec. 4. 

Jonathan, son of Lenord Harryman, born Dec. 5. 

Thomas, son of Edward Hassen, born Jan. 29. 

Ezekiell, son of Richard Lighton, born 8:12 mo. 

Samuel, son of Mr. Sameul Philips, born Mar. 13. 

Sariah, daughter of Maxemilian Jewit, born Mar. 17. 

Notice of an attachment by Mr. William Payne, assignee of 
Joseph Armentage, to Nathaniell Boulter, dated Mar. 17, 1657 and 
signed by Robert Lord.* 

Marye Lynard, aged about thirty-two or thirty-three years, 
deposed that " Indion haruist Last was seaven year's that Indion 
Harvist was gathered at the Iron works before John Smith went 
away from the Iron works." Sworn in court, 25: 9: 1657, by 
Wm. Hathorne.* 

♦Autograph. 



1657] RECORDS AND FILES 59 

Sam. Gardner, Jno. Putnam and Wm. Dodg, all of Salem ; James 
Axie, Wm. Langley, Jno. Kamsdell, Bray Wilkins and Nath. Kert- 
land, all of Lyn ; and Tho. White of Wenham. 

James Moulton of Wenham sworn constable of Wenham. 

Jno. Devorex sworn constable of Marblehead. 

Civil cases : — 

Wm. Beale v. Tho. Roulandson. For wrong done his wife under 
pretence of marriage, taking away her good name, and suing her 
mother at Hampton court. Appealed to Court of Assistants. De- 
fendant and Jno. Severans bound.* 

Eobert Knight v. Robert Hawes. Debt. 

Tho. Wheeler, assignee to Left. Marshall v. Joseph Armytage 
and Tho. Ruck. Debt. 

Joseph Armytage v. Jno. Mansfeild. For taking insufl&cient 
security of Nathll, Chew, when, as constable, defendant attached 
him. Withdrawn. 

Joseph Armytage v. Mrs. Ann Keayne. Debt. Withdrawn. 

Jno. Hathorne v. Mr. Oliver Purchis and his wife, Sarah. Defa- 
mation. Withdrawn. 

Ezekiell Wathen appointed administrator of estate of Thomas 
Wathen, deceased, and to bring in an inventory. 

At his request, the remainder of the fine of Wm. Browne of 
Gloster was remitted. 

Jno. Newman ordered to pay to Marke Quiltor a bill for fees in 
two actions. 

George Farr discharged of his bond, 

" Joseph Redknap is allowed to draw beare at y^ Spring betweene 
Salem & Lynn during the pleasure of the Court." 

Edw. Browne v. George Gittin. Case of appeal. Judgment 
reversed. 

" Arthur Sandie of Marble^ hath his Licence renewed to keepe 
an ordinary as formerly." 

Rebecca Yoe appointed administratrix of her husband, Sam Yoe's 
estate. Inventory, 121i. 10s. 

Thomas Roulandson fined for a lie in his oath. 

Mrs. Ann Keayne granted five shillings in fees from Jos. Armytage. 

Mr. George Emery fined forty shillings for changing a bottle of 
water of Goody Laskin. 

*William Beale's bill of costs, Hi. 3s. 6d. 



60 SALEM QUARTERLY COURT [Nov. 

George Keaser fined. 

Thomas Couldhara fined for misdemeanors. 

Sam. Wilkins ordered to appear before Maj. Hathorne to answer 
his presentment. 

Christop. Lynsie freed from his bond to keep the peace. 

Constable Vnderwood fined for absence from court. 

Kichard Pitfold, presented for beastiality, the case having been 
referred from the General Court, was discharged.* 

Ruben Cuppie, for accusing Eichard Pitfold of beastiality, 
which, if it had been true, would have endangered Pitfold's life, 
was ordered to be whipped twenty stripes. Maj. Hathorn was to 
see it done. 

An illegal will of Agnis Baulch of Salem, deceased, presented. 
Benjamin Balch appointed administrator.! 

Robert Lemon's daughter's fine remitted at his request. 

Servants of the house to have five shillings for their attend- 
ance. 

James Thomas fined for excessive drinking. 

Sam. Wilkins fined for swearing by his faith and " Cud's 
buds." 

*Attested copy made by Edward Rawson,$ secretary of the 
Court of Assistants at Boston, dated, Sept. 2, 1657, referring case 
of Ruben Guppy against Richard Pitford to Salem court. 

t Widow Anis Woodbery, Nicholas Patch, her brother and his 
wife, John Hillt and his wife, Abigail Hill, Rachill Ray men t, 
Hanah Woodbery and John GroverJ testified that they knew 
Anes Ballch more than two years before her death, during her long 
sickness, and judged that all her estate would not pay Bengeman 
Ballch and his wife for their trouble, labor and charge. 

Inventory of estate of Anes Balsh, lately deceased, taken by 
John RaymentJ and Henery Hericke,| Nov. 25, 1657 : One bed 
and bolster and pilo, £3; two Rugs, £1 ; one payer of shets, 6s.; 
one Cot and blancett, £1 ; 3 Cotes, £1 ; one waskot and two 
aprons, 10s. ; two shiftes and an aperen and A pocetket hansher- 
cher, 10s. ; one pot, a Cetell one Scelet and payll, 8s. ; one hat, 
8s. ; one bibell, one payer stockings, 10s. ; one trunck and Chest, 
6s.; one warmen pan, 3s., one Carpet and plater, 8s., lis.; one 
Chayer, one Crock, one payer beloes, £9.'lls. Benjamin BalchJ 
brought in his bill of charges : Attendance for two years, £15. 
128. ; for coming to town to Mr. Curwin, £1 ; at hir buriall for 
Cofen and Casks and drink, £2 ; total, £18. 12s. 

tAutograph. 



1657] RECORDS AND FILES 61 

Gregory Caswell bound over for abusive carriage by fighting. 
Sureties : Chrispr. Codner, Gabrill Collins and Henry Muddle. 

Mr. Thomas Laughton, Lt. Tho. Marshall and James Axie sworn 
commissioners to end small causes at Lyn, before Mr. Billingham.* 

Mr. Edm. Batters of Salem, merchant, being indebted to Peter 
Hunt of Coffens-well, County Devon, for 181i., Mr. Hunt appointed 
Francis Simpson of Marblehead to receive it in money or fish, and 
gave power of attorney to Jno. Goodman and Thomas Clarke on 
Aug. 26, 1657. Wit : Wm. Rogers and Wm. Pitt. Copy made by 
Elias Stileman,t clerk. 

Court held at Ipswich, Dec. 3, 1657. 

Humphry Ned's brother John, Old William's son and Jeremy 
Netecot bound to good behavior of Ned and to pay six pounds 
yearly towards the keeping of the child as long as the court 
sees meet. 

Court held at Ipswich, Mar. 30, 1658. 

Judges : Mr. Symon Broadstreet, Mr. Samuell Symonds, Major- 
General Denison, Maj. Will. Hathorne and Mr. William Hubbart. 

Jury of trials : Lt. Samuell Appleton, Serg. Jer. Belcher^ 
William Addams, Jacob Perkins, Reginall Foster, Thomas Smith, 
Henry Short, Will. Chandlour, Phillip Nelson, William Stickney, 
John Dressour and Tho. Dorman. 

John Hull, returned by constable of Newbury to serve on jury" 
of trials, not appearing, fined ten shillings, which was afterward 
remitted upon his petition. 

*Andrew Mansfeild, constable, certified that Mr. Tho. Laughton, 
Lt. Tho. Marshall and James Axey were chosen commissioners to 
end small causes in Lynn, by the freeman, 9 mo : 1657. 

Presentments to Salem court, 25 : 9 : 1657 : — 

Thomas Evorey and Samuell Shaducke, both of Salem, for ab- 
senting themselves from public ordinances of God. Wit : John 
Rucke, George Norton and Samuell Archer of Salem. 

Town of Salem for not making their highway sufiicient between 
Lynn and Ipsich near Thomas James' house. Wit : George Norton 
and Andrew Mansfeild of Lynn. 

Signed by Thomas Laughton, f in the name of the rest. 

t Autograph. 



62 IPSWICH QUARTERLY COURT [Mar. 

Henry Short, administrator of Mr, Henry Sewall's estate, or- 
dered to pay witnesses in Mr. Sewall's presentment. 

Civil cases : — 

Humphry Griffen v. Symon Tompson. Debt. Withdrawn. 

William Deane v. Mr. Jonathan Wade. For prosecuting him 
after the manner of a runaway, the plaintiff being free. Verdict 
for plaintiff.* 

*Writ : William Deaine v.J onathan Wade, sr., dated, Mar. 22, 
1657 ; signed by Eobert Lord,t for the court ; served by attachment 
of steers, by Edmund Browne,t marshal of Ipswich, Mar. 23, 1657. 

Ezekiel Cheever testified that William Denies came to his 
house and spoke about reports of Mr. Wade's selling dear ; William 
spoke much in Mr. Wade, his master's, behalf and defence, alleging 
sundry reasons ; he said he saw not how his master could afford to 
sell things cheaper. His wife testified the same. Sworn in court, 
30 : 1 : 1658. 

Ellin Cheever testified that coming with Mr. Bartholomew and 
Mrs. Wade from Mr. Bartholomew's house, Mrs. Wade told Mr. 
Bartholomew what a great mercy it was to have such a servant in 
her house in her husband's absence, how ready and forward he was 
in that which was good, in asking her children questions out of the 
scriptures and herself also ; which she thought was to see if he could 
pose her. Mr. Bartholomew wished her by all means to encourage 
him. 

Jon. Wadet of Ipswich appointed his son, Jonathan Wade, his 
attorney, Dec. 3, 1655. Wit : Samuel Symondsf and Humfry (his 
mark) Gryft'n. 

Susanna Wade testified that there being some difference between 
William Deines and Jonathan Wade, jr., in the absence of his 
father, about the time of his service with Mr. Wade ; that there 
was an agreement that William serve two years more, making six 
years in all. Signed by Susanna Wadet and William Deines.f 
Wit: William Goodhuef and Jonathan Wade, jr.f 

Ralph Dix spoke to William Goodhue about Wm. Deines, and 
testified that William Deines was charged to lodge out of his mas- 
ter's house whole nights and he found him lodging in the barn, 
wrapped with a blanket, several times. Sworn in court, 30: 1: 
1658. 

William Bartholmewf deposed that Mrs. Wade and Jonathan 
Wade, jr., bought and sold great quantities of goods of several 
kinds. 

William Goodhue, Ralf Dixe and Richard Nycols testified that 
William Deines performed his service faithfully, especially since 
his master went to England. Sworn in court, 30 : 1 : 1657. 

tAutograph. 



1658] RECORDS AND FILES 63 

Mr. Thomas Millett v. Mr. William Stephens. For withholding 

John Fuler and Thomas Burnham testified that William Deines 
was a faithful servant, and that his master commended him. 

William Goodhue testified that Mr. Rusel approved of the agree- 
ment, etc. 

Jonathan Wade, jr., reproved William Deines for not putting 
the doors fast about the English and Indian corn in the barn, by 
which many swine and some cattle were in the barn in the 
morning, doing much harm. He wished John Wigins to fetch the 
constable to acquaint him, but the constable was not at home. So 
Jonathan Wade went into the house and the servant followed him. 
Jonathan had his cane in his hand to go abroad. William Deines 
stood by the door and took hold of the cane with one hand, and 
with the other took an axe and held it up against his head or face, 
with the edge as if he would immediately strike. Jonathan asked 
him to let the cane go. He i-eplied that he would not. Jonathan 
twisted it out of his hand, and told William to go about his busi- 
ness. William replied that he would not be commanded by him. 
Wit : John Wigens and Prudence Wade. Sworn in court at Ips- 
wich, Mar. 30, 1658. 

Prudence and Sary Wade and John Wigens testified that Deanes 
stayed out nights and had to get his mistress to let him in ; and 
sometimes he forced open the door and sometimes broke open the 
window. 

Samuel Hunt deposed that he occasionally worked with William 
Deines, and found him faithful, and whenever he came to depo- 
nent's house on business, he dispatched it quickly. Sworn, 30 : 1 : 
1658. 

Mrs. Susana Wade told William Deans she could not bear some- 
times what he did. He shook his head and knocked his fists 
together at her, and followed her, saying : " Fy upon thee woman, 
base lyar, fy, upon the woman, thou art a base lyar I will not 
regard a word you sayest now I see there is no regard of what you 
sayest more than a straw y* is no wonder people say thou usest to 
defraud and slander thy servant now I se y* is trew and I will 
bring thee before the magistrat before I doe one stroke of 
worke." Wit : Prudence and Sary Wade. Sworn by the two 
witnesses in cou^t at Ipswich, Mar. 30, 1658. 

Prudence Wade deposed that she heard Deacon Goodhue say to 
her father that he had no cause to be offended with his son about 
the making of the writing, for he was persuaded first to put his 
hand to it. 

Sary Wade deposed that she was present when the writing about 
William Deines was made by Deacon Goodhue, and her brother 
said it was of no use and he would sign it only as a witness. 

*Autograph. 



64 IPSWICH QUAKTERLY COURT [Mar. 

subscription list of inhabitants of Gloster from plaintiff for payment 
of his labors among them. Verdict for plaintiff.* 

*Writ : Mr. Thomas Millett v. :\rr. William Stevens ; dated. 
Mar. 5, 1657; signed by Eobert Lord, t for the court; served by 
Kobert (his mark) Elwell, constable of Gloster, Mar. 8, 1657. 

" The free offer for the presennt maintennance of Brother Millet 

being faithfuU to gitt an EUder : Row, 10s. ; William Vinson, 

21i. ; Jeferie Personns, 7s.; Osman Duch, 8s.; John Jacksonn, 

10s.; John Colings, 16s.; Eobert Elwell, ; Thomas Princes, 

13s. 4d. ; Stephen Glover, 10s. ; William Sargent, ; William 

Browne, 5s. ; Ellias Perckman, ; Phines Eider, 12s. ; Gorg 

Engersoll, 16s.; Samuell Dolever, Hi.; Thomas Skilling, 18s.; 
John Numan, 15s,; Samvell Kennt, 8s.; Thomas Kennt, 8s.; 
Thomas Perrie, 5s. ; John Kettell, 10s. ; Thomas Wackly, Hi. ; 
John Davis, 15s. ; Silvester Evely, Hi. 10s. ; Edward Milles, 10s. ; 
James Stevens, ; John Coyt, 10s. ; Thomas Bray, 7s. ; Ed- 
man Clarck, 8s. ; James Babsonn, 10s. ; Thomas Judgking, 10s. ; 

Mr. Barthollmu, ; Philip Stainewood, 8s. ; Moris Somes, 10s. ; 

Mathew Co, 15s. ; Antirm Day, 8s. ; John Wackly, 12s. ; Gilles 
Barg, 5s. ; Thomas Millet, 8s. ; Gorg Blacke, 10s. ; Eichard Beffer, 
6s. ; John Perces, 10s. ; Thomas Jones, 6s. ; Eobert Duch, 15s. ; 
William Stevens, 21i. ]0s. ; Henery Walker, 10s.; Eichard Windo, 
10s. ; William Hackell, 18s. 

William Vincent testified that in the town meeting when Mr. 
Steephens wrote the several sums for Mr. Millet's maintenance, Mr. 
Millet being sent for, Mr. Steephens told him the amount subscribed 
was about twenty-six pounds, and that he had a very full and general 
call to Gloster to preach to them. That several times since, Mr. 
Millet had been called and desired to continue his preaching, but 
never to deponent's knowledge anything voted in a public meeting 
to take him from teaching until another could be obtained. Sworn 
in Ipswich court, 30 : 1 : 1658. 

John Collins, aged about fifty-four years, Thomas Pray, aged 
about fifty-four years, John Pearsf (also Perce), aged about forty 
years, Eobbert Duch, aged about thirty-five years, Morris Somnes, 
aged about fifty-eight years, Henry Walker,! Thomas Judkinf and 
James Stevenesf testified that the last of December, 1657, at a 
general town meeting in Gloster, Mr. Stevens promised to pay Mr. 
Millet what he had promised him for his maintenance, at the next 
meeting of the townsmen. Sworn in Ipswich court, 30 : 1 : 1658. 

Thomas Jones of Gloster testified that Mr. Steephens asked him 
to sign a paper, which had several signatures to it, to give Mr. 
Millet no maintenance. That Mr. Steephens said if they would 
get a person for an elder, he did not care if the church did not 
ordain him in seven years. 

Mr. Millet's bill of costs, 44s. lOd. 

tAutograph. 



1658] RECORDS AND FILES 65 

Eicliard Kent v. Humphry Griffen. Debt. Withdrawn. 

John Haukes v. Mr. Joseph Cooke. Eeplevin of a colt. Verdict 
for plaintiff.* 

Peter Cooper v. John How. For riding his mare without his 
leave. Nonsuited. 

John Godfry v. Abraham Whitaker. Debt.f 

*Writ of replevin : for a mare colt of John Haukes attached by 
Mr. Joseph Cook, now in the hands of Thomas Hartshorne, consta- 
ble of Kedding; dated, 23 : 1 : 1657-8; signed by Will. Longley,t 
for the court; served by EichardBlood,J deputy to Samuel Archer, 
marshal. 

Elizabeth Hearte, aged about thirty-five years, testified that she 
had known the colt that master Cooke attached and Haukes re- 
plevined since it was a fortnight old. Sworn, 27 : 1 : 1657-8, before 
Edward Johnson, | commissioner of Woburn. 

Thomas Clarke, aged about forty years, testified that it was the 
colt that John Hakes put to Isaack Harte to keep. Sworn, 30 : 
1 : 1658, in Ipswich court. 

Addam Hakes, aged about fifty years, deposed that it was the 
colt he gave to his son, John Hakes. Sworn in court, 30 : 1 : 1658. 

Isack Harte, aged about forty years, and Mathew Edwards, aged 
twenty-five years, testified that the colt was John Hawkes' of 
Lynn. Sworn, 29 : 1 : 1658, before Edward Johnson, J commissioner 
of Woburn. 

Thomas Hutchson testified that his father-in-law, Addam Hakes, 
gave to his son, John Hakes, such a colt, and he put it to Isaac 
Hearte to keep. Sworn in Ipswich court, Mar. 30, 1658. 

William Eaton (also Eton), aged about fifty-four years, and John 
Eton, I aged twenty-two years, testified. Sworn before Edward 
Johnson, J commissioner of Woburn. 

fWrit : John Godfry of Newberry v. Abraham Whitticker ; 
dated, 10 : 1 : 1657; signed by Eichard Littlehale,J for the court; 
and served by attachment of the body of the defendant by John 
Williams, sr.,J constable of Haverhill. 

Bond of Abraham Whiticker| aud Heugh SherrattJ of Haverhill 
to pay John Godfry of Haverhill, rye and wheat, to be delivered at 
the landing place in Haverhill; dated. Mar. 10, 1655. Wit: Eich- 
ard Littlehale.J Endorsed by John (his mark) Godfry. 

Bill of sale, Nov. 26, 1656, John (his mark) Godfry to Abraham 
Whitticker, $ both of Haverhill, of a yoke of oxen, to be paid for 
in wheat at the house of John Davis at Newberry. If Whitticker 
did not like the oxen when he saw them, he was to be acquitted, 
paying only for the writing of the paper, and giving said Godfry 
a quart of wine. Wit : Eichard Littlehalef and Mary Littlehale. 

+Autograph. 



66 IPSWICH QUARTERLY COURT [Mar. 

John Godfry v. Hugh Sherratt. Debt. For grain.* 
Theophilus Willson, constable v. Job Bishop. Appeal from 
judgment of Mr. Samuell Sy mends. f 

*Writ: John Godfry v. Hugh Sherratt; for not paying forty 
bushels of rye and thirty bushels of wheat, which defendant was 
bound with Abraham Whitticker to pay to plaintiff ; dated, 11 : 1 : 
1657 ; signed by Kichard Littlehale,J for the court ; served by 
attachment of the body of the defendant, by John Williams, sv.,X 
constable of Haverhill. 

Hugh Sherratt $ of Haverhill appointed Abraham Whitticker 
of Haverhill, his attorney, to answer his case against John Godfry 
at Ipswich court, Mar. 27, 1658. Wit : Eichard Littlehale.J 

fCopy of vote at town meeting to pay Major Denison, 24 li. 7s. 
yearly so long as he shall be their leader, for his military helpful- 
ness, Dec. 19, 1648. A rate was to be levied for the same. Copy 
made by Robert Lord, J and examined by Samuel Symonds,J Mar. 
9, 1657. 

John Choutte testified that upon a training day Sergeant Belcher 
came to Job Bishop and himself on meeting-house green, and told 
them that a gift was made to the captain the training day before. 
Bishop asked them what they would give, saying that his squadron 
was the best yet. So Bishop told him he would give him five 
shillings a year so long as he wished, and no longer. Sworn, Mar. 
27, 1658. Copy, examined by Samuel Symonds.J 

Job Bishop subscribed to yearly allowance to Major Denison, 
five shillings. 

Writ : Job Bishop v. Theophilus Willson ; replevin of corn 
and malt, distrained by defendant as constable ; dated, Mar. 19, 
1657; signed by Robert Lord, J for the court; served by Edward 
Brownej marshal, Mar, 19, 1657. Copy by Samuel Symonds.J 

The constable was impowered by Daniel Denison, W. Hubbard, 
Daniell Warner, Thomas Burnam, John Apletou, Robert Lord and 
Robert Day to gather the rate. Copy. 

Jeremiah Belcher testified that the paper his squadron set their 
hands to was for Denison. Copy, examined by Samuel Symonds,}: 
27 : 1 : 1658. 

The question was whether the town could be bound to pay for 
any military service, if a majority voted for it, the minority argu- 
ing that they could not be held responsible, since the military 
officers were not chosen by the towns. 

Job Bishop said, " meeting with m"" wilson against m*" Paynes 
howse I tould him he sent me a loving message by my brother," 
etc. That if said Bishop would go with him to the watchhouse, 
Wilson would lend him enough corn. So they went together, and 

^Autograph. 



1658] RECORDS AND FILES 67 

Thomas Perry acknowledged judgment to Umphry Griff en. 

Daniell Clarke acknowledged judgment to Mr. Symon Brad- 
street. 

Made freemen : John Prockter, William Story e, Robert Kins- 
man, Robert Crose, Thomas Leigh and John Whipple, all of 
Ipswich ; Robert Barnerd of Andover ; and Sam. Brocklebanke 
and Sam. Platts, both of Rowley. 

William Law licensed to keep an ordinary and draw wine and 
strong waters in Rowley. 

Richard Coye is licensed to keep an ordinary and draw wine and 
strong waters in Wenham. 

John Merill, Morice Somes and John Hull released from ordi- 
nary training, each paying six shillings per year to the use of the 
company. 

Alester Grymes bound to appear next Salem court. 

Jane Powell, confessing fornication, to be severely whipped. 

Elizabeth Gilbert appointed administratrix of estate of her hus- 
band, Humphry Gilbert, deceased, and was to settle it according to 
his intended will.* 

between Mr. Wilson's house and the watchhouse, they met with 
Goodman Johnson, who went as a witness, and Bishop took the 
corn. Copy by Samuel Symonds.f 

Defendant appealed. Reasons of appeal. 

*Copy of will of Humphrey Gilbard of Ipswich, dated, 14 : 12 : 
1657 : He bequeathed " vnto my son John all the meddow & Vpla.nd 
w^h is my farme one hundred Acors more or less & that this farms 
be let out or Improued acording To ||my|| Wifes discretian for the 
bringing of my child vpp till he come to age ; or be able to Im- 
prove it him selfe and it is my Will that Twentie pounds be paid 
out of the Incom of my Farme; To my foure daughters when they 
are seventeen yeares of age ; & in case God take any of them away 
by death before y® age of specied That her portion shall be equally 
deuided To the Rest of the Sisters or if a second or a Third still 
it come to she That doe survive moreover it is my will that two 
oxen and tow Cows that I haue now In possession be let oute with 
the Farme I do also giue vnto my Daughter Abigail one heafer 
of four years olde I do giue vnto my Loving Wife Elisabeth 
Gilbard twelue acers of vplaud with my dweliug House I doe 
likewise giue vnto my Wife, my Fetherbed with furniture there-vnto 
belonging It is my will in case my son shall die in his non[age] 
yt -^yt I haue giuen to my son should Bee equally deuided amongst 

tAutograph. 



68 IPSWICH QUARTERLY COURT [Mar. 

John Leeds fined for lying. 

Hillyard Verren allowed clerk of the writs for Salem. 

William Dellow, bound to good behavior, was released. 

Hackalia Bridges to pay 2s. 6d. per week for keeping the child 
since it was born, and in the future till it be brought up. 

Nath. Masterson fined for selling beer and victuals without 
license in his house. 

Corp. John Andrew had his license renewed until Salem court. 

William Chandlour sworn packer for Newbury. 

Deposition of William Vincent, aged about forty- seven years, that 
the wife of John Goyt, sr., said that there was coming to her 
husband, from Robert Dutch of Gloucester, twenty or twenty -one 
pounds for the house and land which were sold in Gloucester, and 
she intended to make Mr. Prise of Salem, her attorney, etc. Sworn 
in Ipswich court. Mar. 30, 1658. 

Deposition of Grace, wife of Ossmound Dutch of Gloucester, 
aged forty-two years, that John Goyt, sometime of Gloucester, sold 
to Robert Dutch, now of Ipswich, the dwelling house and land said 
John Goyt sometime possessed in Gloucester, and that said John 
Goyt, when going away in his skiff, etc. Sworn in Ipswich court, 
Mar. 30, 1658. 

Bond of Joseph Jewett of Rowley to John Hull of Newbury, 
to pay five pounds, which is the portion of Jerimy Goodridge at 
twenty-one years of age, and five pounds more to said Jerimy as a 

my daughters." Humpherie (his mark) Gi . Wit : Charles 

Gott, Thomas Hobes and Richard Hutten. Copy made by John 
Appleton,* cleric. 

Inventory of estate of Humphrey Gilbert, that had not been 
willed away before, taken by Phillip Fowler,* and Capt. Giduey, 
attorney : One pair of oxen, 121i. ; cow, 41i.; cow, 41i. 5s. ; 2 year old 
steers and 1 yerlin, 31i. 5s.; 3 swin, 21i. ; 2 pair of shetes, 15s.; 2 
napkins, 2 ould Pilloberes, 17s. ; 2 bolster casis, 6s. ; bras skillits and 
warming pan, 8s. 6d. ; spouues, poreng sases, Latin pan, 3s. ; 2 iron 
potes, 1 iron skillit, 17s. 6d. ; one pair of tonges, 3s., one musket & 
sord, prized at 8s., lis. ; Plou & tacklin, 10s. ; smuthing iron & 
erthin ware, 4s. 6d.; 2 chestes & 2 bockes, wooden ware, Hi. 10s. ; 
Boockes, 8s., sheep, 25s., flockbead, 6s., frying pan, 6s., 21i. 2s. ; 
2 baskites, 4d., 1 glas, 6d., lOd. ; 1-2 ferkin, 8d., 1 spad, 14d., small 
toules, 5s., 8s. lOd. ; one coos cut sau, 4s., half a whipsa, 5s., 9s. ; 6 
acres of meado yet not iuuentarid, 181i. ; total, 531i. lid. 

* Autograph. 



1658] RECORDS AND FILES 69 

gift one year after his youngest brother's portion was due ; and unto 
Joseph Goodridge, ten pounds at twenty -one as above, from his 
father-in-law, John Hull; and to Benjamin Goodridge, at twenty- 
one, three cows, two steers and five pounds in money. Dated, Apr. 
1, 1658. Wit : Robert Lord, Thomas Lord and Thomas Wood. 
Acknowledged in Ipswich court, Mar. 30, 1658. 

Mr. Edward Woodman, Nicholas Noyse and William Titcombe 
of Newbury, sworn commissioners to end small causes. 

Henry Kemball licensed to keep an ordinary in Wennam till 
Salem court. 

Thomas Abbott sworn clerk of the band and the market. 

Thomas Johnson and his wife, for fornication before marriage, 
to suffer corporal punishment or pay fine of three pounds. They 
paid the fine. 

Mr. Wade fined five pounds for excessive prices for grindstones 
and other things. Wit : Eich. Brabrooke and John Fullar. 

Mr. Willson allowed three pounds per annum for his care and 
pains as master of the house of correction. 

Jeremiah Belcher licensed to sell strong waters. 

Henry Walker freed from ordinary training, paying five shillings 
a year to the use of the company. 

Mr. Willson allowed bill of county charges. 

Mr. Baker had his license renewed until Ipswich court in 
September. 

Court held at Ipswich, May 6, 1658, by adjournment. 

William Eeiner fined for taking tobacco in the street. 

Town of Wennam promised to mend the way, and was dis- 
charged of the presentment. 

Robert Andrews and John Comings of Topsfield took the oath 
of fidelity. 

Joseph Mussye bound in five pounds to appear at next court for 
breach of the peace. Tho. Seers appeared as a witness. 

All that were licensed to sell strong waters in Salem were con- 
tinued until Salem court, provided they retail none to be drunk in 
their houses. 

Robert Lord appointed to issue venires for Salem court. 

Daniell Davison and his wife to be whipped or pay a fine of four 
pounds. They paid the fine. 



70 IPSWICH QUARTERLY COURT [May 

Town of Newbury, for want of "alattin scoole," to pay five 
pounds to Ipswich Latin school, unless by the next court they 
provide a Latin schoolmaster according to law.* 

Frances Jordon and Jerimiah Belchar, in behalf of Nedacockett, 
agreed that Francis Jordon pay twenty shillings to Jerimiah Bell- 
char in Nedacocket's behalf. 

John Mighill fined for taking tobacco.f 

John Smith fined. 

An Comings fined for lying. 

Mr. Jonathan Wade, George Giddiugs, Tho. Bishop and John 
Prockter, who had complained against Mr. Bartholmew, Mr. Robert 
Payne and Deacon Goodhue, bound to complain at next Ipswich 
court. 

*Copy of town vote, Nov. 29, 1652, that a schoolhouse be built, 
and twenty pounds a year be paid for a schoolmaster, and Mr. 
Woodman, Eichard Kent, jr., Lt. Pike and Nicholas Noyes be a 
committee to manage the business. At a town meeting held May 
14, 1653(?), it was voted to levy a rate of 241i. yearly to maintain 
a free school to be kept at the meeting house, the master to teach 
all children sent to him as soon as they knew their letters and 
began to read. Copy made by Anthony Somerby.t The following 
dissented : Lt. John Pik, Richard Tharlay, Tho. Hale, Joseph 
Plumer, Joseph Muzzy, Sollom. Keyes, John Chater, John Roafe, 
John WooUcut, John Poore, Sam. Plumer, Dan. Thurston, John 
Emery, sr., John Emery, jr., Rich. Dole, Will. Ilsly and Lionell 
Worth. 

t Thomas Leaver deposed that on a dry windy day before the 
snow fell in the beginning of last winter, he went into the yard 
of widow Mighell and found John Mighell between her house and 
barn, smoking tobacco near a dung hill full of straw or hay. De- 
ponent blamed him for smoking contrary to law, showed him the 
danger, and then went away. He said nothing, and when Leaver 
returned, Mighill was still smoking. Sworn in Ipswich court, May 
6, 1658. 

Jo. Person testified that he saw the pipe in Mighill's mouth. 

The will of John Robinson of Ipswich, wheelwright, dated Feb. 
27, 1657, was proved in the Ipswich court, Mar. 30, 1658. He 
gave to " Alles howlett the wife of thomas howlett Ten pounds I 
doe likewise giue to thomas howlett Junner my Cheast and all my 
tools and all the Rest of my Estate I doe giue vnto thomas howlett 
seaner whome I make my sole Exsecketr." John (his mark) 
Robinson. Wit : James How J and John How.$ 

JAutograph. 



1658] RECOKDS AND FILES 71 

Court held at Salem, June 29, 1658. 

Judges : Mr. Symon Brodstreet, Major-General Denison, Major 
Hathorne and Mr. William Hubard. 

Jury of trials : Mr. Thomas Gardener, sr., Jacob Barney, David 
Corwithy, Richard Moore, Henry Skerry, Ensign Spencer, Seargent 
Deacon, Ed. Richards, Henry Silsby, Robert Rand, Rich. Kemball 
and Rich. Window. 

Robert Gray fined for not appearing, and fine remitted, " the 
hand of god hindering him." 

Civil cases : — 

Mr. John Gifford v. Mr. Henry Webb. Eor defaming the plain- 
tiff to his principals in England, by writing, rigorous handling, 
vexing, prosecuting, unjustly molesting and imprisoning him. Ver- 
dict for plaintiff.* 

Inventory of estate of John Robinson : Debt of 201i. ; debt of 
161i. ; one oxe, 61i. 10s. ; his Tools, 61i. 7s. ; his cloathes, 61i. 2s. 
6d. ; total, 541i. 19s. 4d. Signed by James How.t Due to Ensign 
Howlett for diet, clothes, attendance and physic, 2211. 16s. 3d. 
Allowed in court at Ipswich, Mar. 30, 1658. 

Writ : John Wooddom v. Humphry Griffin ; slander ; dated, June 
19, 1658 ; signed by Robert Lord,t for the court ; served by Ed- 
ward Browne,t marshal of Ipswich, 19 : 4 : 1658. 

Writ : Mr. George Corwin v. Humphry Griffin ; debt ; dated, 
Apr. 6, 1658; signed by Robert Lord, t for the court; served by 
Edward Browne,t marshal of Ipswich, 8:2: 1658. 

Writ: Mr. Joseph Jewett v. Humphry Griffin; debt; dated, 
May 5, 1658 ; signed by Robert Lord,! for the court ; served by 
Edward Browne,t marshal of Ipswich, May 5, 1658, by attachment 
of house and orchard of said Griffin. 

Writ : Mr. Joseph Jewett v. William Whitridge ; debt ; dated, 
jVIay 19, 1658 ; signed by Robert Lord,t for the court ; served by 
Edward Browne, t marshal of Ipswich, May 20, 1658, by attach- 
ment of twelve acres of upland, near the broken up ground of de- 
fendant at the Falls, also forty acres which defendant bought of 
widow Storie and Edward Bragg. 

*Wm. Emery (also Emmorye), aged about 25 years, deposed that 
on June 10, he was at Mr. Webb's shop in Boston and saw Jno. 
Blaino deliver to said Webb a letter, which he supposed was sent 
from Mr. Jno. Giffard. Mr. Webb opened it, read a part and said 
its statements were false. Blaino said he did not know what agree- 
ment had been made between his master and Mr. Webb, but asked 

tAutograph. 



72 SALEM QUARTEELY COURT [Jane 

Mr. Symon Bradstreet v. Joseph Armitage. Debt.* 

if the latter would provide money, corn and other provisions to be 
sent in the boat in lieu of the iron to be delivered to said Webb. 
The latter replied that the bar iron, rod iron and weights sent were 
nothing to him, for the bar iron was to pay old debts, and the 
weights were for Mr. Seaverne ; Webb said that he was not an agent 
for the company, but a commissioner and had an interest in the 
Works, but he would not pay out anything more, let the Works 
sink or swim ; what he had done since Capt. Tinge's decease was 
done of his free will. That when sufficient iron was delivered to 
him to discharge his engagements, then he would pay Goodman 
Williams, and when bar iron should be sent to his particular ac- 
count, he would furnish Mr. Gifford with money. Webb further 
said that, since he was a commissioner, he might order Mr. Gifford 
or cause rod iron to be slit and sent Mr. Foote. Deponent, meeting 
Jno. Blaino at Mr. Foote's shop some time after, heard Mr. Foote 
say that he had paid Mr. Webb for all the rod iron delivered since 
Capt. Tinge's decease. That Mr. Webb further said that Mr. Gif- 
ford must go to Boston for supplies for the Works, etc. Sworn, 13 : 
4 : 1653, before Rob. Bridges.f 

* Writ : Simon Bradstreet v. Joseph Armitage ; debt ; dated, 1 : 
4 mo : 1658 ; signed by Samuel Symonds ;t and served by Richard 
Wayte,t marshal, by attachment of defendant's goods in the 
hands of Mr. Edward Laine. Joseph Armitagef gave bond, 
5:4: 1658, to the marshal. 

They settled accounts, Sept. 17, 1652, defendant to pay plaintiff 
a balance. Wit : Frances Perry. f Acknowledged receipt of plain- 
tiff of forty pounds, on the behalf of the town of Andover, for the 
mill built by defendant for them there. 

Finding by the jury, signed by Increase Nowell. The party to 
continue in prison. Copy made July 11, 1656, by Robert 
Lord.t 

Bill of charges. Credit, paid by Lt. Marshall, Zacry Phillops, 
Capt. Savidg and Jenkes, sr. 

" To the worshp^^ Simon Broadstreat thes psent 

" S'' one a message browght by Jos Armitage Fro y^'self to order 
me to send you in writeing what I have formarly pd to y'^self ore 
ord"", on his accompt, y"" worshipp may pleas to undrstand that 4"' 
July in the yeare 1655 I gave you Credibt for six pownds & Charged 
it to the abousd Jos Armitag, w'^h was also reckoned when you 
last made up accompt w*h me as the accompt doth declare, w°h is 
testiefied, S"^ by y' humbl. servant 

" Boston 25**^ 4m 1658. Thomas Savage."t 

tAutograph. 



1658] RECORDS AND FILES 73 

Mr. Symoa Bradstreet v. Daniell Salmon. Debt.* 
Moses Maverick appointed to marry and take testimony in civil 
cases in Marblehead for this year. 

John Bradstreet, assignee of William Beale v. Mr. William 



Thomas Marshallf stated what he paid to plaintiff, dated, 29 : 4 : 
1658. 

" Joseph Armtage D'^ 

li s d 

" Imp'" by the ballance of an ace* 17 Ap", 52 3 10 

It for an oxe to be pd in 4 yeares att 3^' ^ and the 

last paymt due in decemb^ 57 12 

for 2 Cowes 2 yeares att 40s ^ and the last paymt 

duedec>^55 4 

for the hire of two yooke of oxen due in May 55 6 

for damag in keeping & workeing them the spring 

after their tyme was out & not deliv'ing them 

till the end of Kov' 10 

for forbearance & not paying in kinde for the one 

halfe of weathers & lambs hee sold Zachary 

Phillips 
for the halfe of one weath"" hee kild 



" Joseph Armitage C"^ 

« Imp'' by Joseph Jincks as pt of a bill of 31i. 10s. 
by Zachery Phillips last sum'" 
by L* Marshall if pd 
by weath' lambs 



4 


17 








8 





46 


15 





li. 


s 




1 


16 





9 








6 








5 


10 






22 6 



" M"" bradstret by reson of som trobel a bout a boot I could not 
Com to you this day bot for the 2 oxen which you sould me namly 
that at basats and that at upelans in cas you send us a not 
under your hand to rescue : them we haue sent you under our 
hands what we are to pay you for them." Letter, dated, Dec. 2, 
1653, and signed by Joseph Armtage. f 

Agreement of Prances Peryt and Joseph Armtage,t with Simon 
Bradstreet, concerning the cattle ; dated, Dec. 2, 1652. W^it : Tho. 
Savage, t 

* Writ, dated, 2 : 4: 1658; signed by Samuel Symonds,t and 
served by Ri. Wayte,t marshal ; Daniell Salmonf gave bond. 

+ Autograph. 



74 SALEM QUARTERLY COURT [Juiie 

Payne. For breach of contract concerning the mill at Marblehead. 
Appealed.* 

Lt. William Howard and Mr. Edmond Batter, sureties on bond 
of Mr. William Payne, to prosecute his appeal in suit brought by 
John Brodstreet. 

Mr. John Gifford v. Mr. Webb. For unjust molestation. Ver- 
dict for plaintiff.t 

*Writ : dated, 9:4: 1658 ; signed by Jonathan Negus, J for the 
court; and served by Ri. Wayte,J marshal of Boston, by attachment 
of defendant's house in Boston. An original summons accompa- 
nied it. 

Will. Paine J of Boston, appointed William Howard of Boston, 
his attorney in this action, June 28, 1658. 

William Howard deposed that William Beale, sometime miller 
at the corn mill at Marblehead, said in his hearing that he had 
worked on the dam to the amount of ten pounds, and that several 
years ago said Beale came out of Rowley ordinary and spoke with 
the defendant, who was going by with deponent, towards New- 
bery, about further repairs to the mill, and Mr. Paine told him to 
get it done and he would pay for it. Mr. Paine told Beale to get 
the nails needed from Mr. Russill. That Paine further said, " You 
know I have had no rent : But follow your busines & be a good 
husboud & I will be helpfull to you." Sworn in court, June 29, 1658. 

Mr. Joseph Juitt deposed that he bought one-half of this mill of 
the defendant, etc. Sworn, June 29, 1658. 

John Bradstreet's bill of charge with Mr. William Paine, for 
going to Boston, etc.. Hi. 19s. Id. 

Agreement, July 6, 1652, between Mr. William Paine of Ipswich, 
merchant, and William Beale, miller, of Marblehead, about the 
mill and ground belonging to it. Beale was to have the property 
for the term of seven years and Paine agreed to allow him ten 
pounds in corn for making the dam sufficient and four pounds in 
corn for making the house dry, removing the chimney and making 
the leantofit to hold corn, said Paine to provide nails. Rent was 
to be paid by Beale in fish, corn, cattle or money, fourteen pounds 
yearly. Signed by Will. Paine. J Wit: William StrattonJ and 
Thomas Bues.J 

William Beale J assigned the abovesaid lease to his brother-in- 
law, John Bradstreete, Sept. 3, 1657. Wit : Frances CollingesJ 
and Anne Devorex.J 

fWrit : Jno. Giffard v. Mr. Henry Webb ; for vexing, prosecuting 
and imprisoning him; dated, June 21, 1658; signed by Jonath. 
Negus, J for the court ; and served by Ri. Wayte,J marshal. Henry 
Webbt and Edward Hutchinson J bound for the former's appearance. 

} Autograph. 



1658] RECORDS AND FILES 75 

Letter of Henry Webb addressed « To the wor?" M"" John Beex 
and the companie of the Iron workes in Bucklersbury march** p'"sents, 
london. M"" Robbert Kaen in N. Eng. p Captaine Cuttings master 
of the John Adventure." 

« Boston the 6*'' of 9^«' 1653. 

" Honored Gentlemen, 

" We ap^'hende that y" waite for answeres to your last 
letters and an accompt of our trust requested by y" in your 
orders & instructions last sent us & now ar we sory that these 
letters of ours should be the messengers of such sad & unhappie 
tidings to y" but that we may not be unfaithfull to y** we shall giue 
y" som relations of passages & state herof, your instructions were 
that we should call ^F Gifford to accompt that y" musst be in- 
formed how your affayres stood and that we should satisfie the 
creditors out of the effects and pduce of your works and so to see 
the husbanding of future pceedings, first concerninge the condition 
of your works. We still did pseave it was in a sore lanquishinge 
state because we sawe the improvident husbanding of yt & the 
cariadges of him that was intrusted wth yt by former letters we 
writt to y" what depts we found confessed to be owing & what 
litle substance to satisfie & pay them but when we cam to the 
upshot we found little or nothing but the bare works & land for 
accompts. 

" Gifford and his confederat, one Jarvis that he hath kept in his 
howse a long tune, one that Hue by his witts is on that cost you 
manie a pownd though very Coverth there trade is to hamer y" 
out accompts & the first accompt was given to Captain Ting about 
Sept., 1652 & then they made y" about 300 or upward in Gifford 
dept & so Jo. Gifford demandeth his dept of y"^ estate but when 
he sawe that we w^hstoode his accompt & made our just exceptions 
against it for he had charged 500 or upward for Iron delivered to 
Captain Tinge : but had giuen no Credit for what he had rec*^ of 
him though to a greate vallew : then we required of him a full & 
Clere accompt of his Credit & his transaction w*=h he ptracted a 
longe time untill Captaine Tinge was dead and we requiringe after 
his death Giffords accompt & he refused & said untill he had 
Captain Tinge his accounts he would giue none so m' Tings death 
being suden & his sucessors being in a distracted condioion could 
not in a longe time make up & give accompts. 

" in the interim John Gifford sueth us at Court for 10000 pownd 
on accompts so we must attend the courts to answer his suits both 
spending our pcious time & estates, in fine of that court was that 
John Gifford should giue accompt & Captun Tings & my selfe 
should giue in accompts & be brought at such a set time & auditors 
apoynte to audit them, at w'=h time the accompts wer brought in 
and our accompts were dd. both cred. & debitor & when his ac- 
compt was brought his was impfect because he left manie blaucks 
in his somes but divers accompts mencioned but no sum, & besides 



76 SALEM QUARTERLY COURT [June 

no Credit at all. so that we required of him to fill up his blanck & 
to acknowledge & set downe what Credit he gaue both to Awbry 
& the rest & so he taketh them & keepeth them about Fortnight & 
fiUeth his blancks with about the sum of 50 and then bringeth a 
nother accompt of 230^^ & upwards all w'^h accompt he brought to 
the sum of 1628411. 7s. 4d. & so made y" depter on the ballance of 
his accompt 70211. Is. 6, but y" must take notice that he giveth to 
Awbry what Credit he pleaseth & so to Captane Tinge & my selfe 
so likewise denyinge what we shall pve dd. to him: so we expect 
the auditing his accompts. but he cometh not to his auditor to 
speake w% him a longe time though I expectd y^ & spake w*h him 
thereabouts. 

" he told me m' Gifford never spake to him since he dd. us the 
account to puse & to make our exceptions for it was ordered that 
we should have his accompts to puse som fortnight time or up- 
ward that we might ppare our exceptions but now p^'sently before 
he spake to us or brought his accompts to be audited he attacheth 
your estate and psecuteth a suite against y"^ for 3000 at Ipswich 
Courte and summoneth me to answer his action in your behaulfe 
and never giueth anie of us his accompt nor sheweth us what his 
demands ar : so when I appeared at the courte he put in his decleraC^ 
& p'senteth his accompt w'^h was for the balance of his former 
accompt and other his disbursmt as p'"tended, to the sume of 
206511. 15s. 11 due to himselfe & som workmen & he wayveing his 
former ballance of 70211. swereth to his accompt & had a verdict 
against y" for 1363. 14. 5 though the Jury did cauteously suspend 
ani execution untill auditinge. 

*' so about three weeks after that court neglectinge or not caring 
for auditinge his accompts but purposing a secret wile subtell plott 
had gotten a Speciall Court to be called and held at Salem w^'h was 
the 25 of October last »& there rested us, pticularly the comis- 
sioners for 200011. to answer his suite against us : as also again 
rested or attached estate || of m'" John Bexs & company 1| for 
200011. as I remember for sallery & other disbursment due to him. 
so we must then to Salem Court & there spend manie dayes to 
defend your cause and since we overthrew the legallitie of that 
speciall courte & so nothing was don but spent much time & monie 
on charges & witnesses but now understanding the wiles of Gifford 
his intent was amongst others things to get his execution w°h in the 
former courte was given against your state & get what he could or so 
to be gon as he p^'tended f o"" England : but now at that court arested 
him for an accompt & breach of Coven* for 2500011. & a nother action 
for a pticular accompt of all Iron cast wares sowe Iron run & cast 
& made since he came to the works & for breach of Coven* for not 
giving accompts accordg to articles of agremt. w'^h actions were 
psecuted & manie dayes spent & manie witnesses therin & the 
jury findeth the breach of coven* but cannot agree about the dara- 
adges untill the accompts be audited & auditors ar apoynted ther- 
fore w'^h cannot be don before these ships be gon : 



1658] RECORDS AND FILES IT 

•' an further verdict is that he shall bring in all his bookes to 
court or auditor generall for the country w'^h openly Pressed in 
Court he would not do. but would rather ly in prison 100 yere if 
he did liue so longe : & so now he is in prison but what the ysues 
therof will be I doe not yet know, the books if could be gotten I 
meane his orignall day book & accompt w*h workmen would dis- 
cover much of his underhand dealing, if I should but writ & 
declare his carriages not only to court to us the commissioners & 
to the pore workmen : it must not be a letter but a volum. to con- 
tane I will not here relate the complt of workmen against him for 
not giuing them pticular accompt of his paym* to them not rekon- 
ing w*h them but once or scarce twise in ayeere his beatinge of som 
on the high wayes in there houses his selling your estate for oxen 
sheepe Cowes horses & all these John GifEord teemes & Cowes 
his trafficking of your state by sea here & there, his underhand 
trading for tobacco 27 hogshead at on time lately & sold & sent 
away & Iron sold latly & understand not that litle returned for 
paym* of workmen : & we hade manie witneses to pue this 

*< about 4 or 5 dayes since the depositions are in courte & I pur- 
posed to take them out of Courte & to send them unto y" by the 
next ship (but by these) so much time haue I spent in answering 
suits fro Court to Court that I dare affirrae I am a hundred pownd 
damadged by yt w'^h I can elerly demonstrate yet notwithstanding 
if I can but give Contentm* & have my travells accepted I have what 
I look for, if not then I can haue the witness of a good conscience 
that I have discharged my trust accordinge to my best light & 
power : & not sought myself but yours in my labors : but y*^ may in 
your thought lay blame on us the comissioners for not puttinge him 
out of your Imploymt seing your estate so wasted & men abused 
& I answer y" gaue us not in your coraission that power neither 
to put him by nor receave anie thing out of his hands only to call 
him to accompt & that was all and John Gifford boasted of that 
about the Country that the Commissioners cannot or shall not put 
him out of his place & indeed he had such instructions from such 
whom y° haue & did considr to be helpfull unto y" (as I was 
informed) & he haue apeared in Court against y" & pleaded Gif- 
fords cause, but I desired him to be tender, & therfor but gaue a 
hinte & no more. 

" and for the receving anie the state or effects of the works 
Gifford would say we had no power to take it out of his hand & 
such was our condition that when we had accordinge to your orders 
agreed wHi M"^ Houtchins & M"^ Severn & M-^ Tutle for there 
ptested bill w'^h was for neere 90011. to pay them in Iron & som 
potts & ingaged our selves therto : & send to him our letters to 
send Iron for theire paymt he refused & retourned this an- 
swer exept I would pay him in monie & pvision he would dd 
none, and manie times when the workmen had no pvision to 
eate. that they have don nothing in a week together for want of 



78 SALEM QUARTERLY COURT [June 

breade he haue kept Iron by him & send the workmen to Boston 
to me to pvide for them and haue drawne many hundred pownd 
out of my estate & pmised me Iron for y* & sent me a pt but 
nothing like the vallewe for what monie & pvitions I sent him and 
as for paymt of all your dept we could never get aboue 18 tun 5 C 
of Iron & about 2 tun of potts out of his hands and that he 
chardgeth on my pp accompt aud saith my estate shall make it 
good and now if Captain Bridges had not layd an attachm* on the 
sowes at the works for our indempuitie the aforesaid would com on 
our estates for paymt of them having engaged ourselves to them 
for they would not com in as the other Creditors did on the 
workes : John GifEord would kepe the Iron in his own hand as he 
said for his owne securitie for such depts as the companie owed him 
& divers tunnes as sold this sumer but what is becom of pduce 
we know not we canot get a pticular accompt of what sow was 
runn & therefore we cannot learue nor lined out what he hath 
drawne but take such accompt as he will give : 

" but now to give y" som accompt of your busuess & our treaties 
w*h the Creditors whose bill last came ptested I may truly say 
the retourninge those bills ptested is or may be lOOli. at least lost 
to y" how ever god may turne it to the best in putinge out that 
Caterpiller that might haue devoured all for our power given us 
would not reach yt I say the loss is greate for y" might haue taken 
up : for 61i. ^ C. w«h is 60 : f, lOOli. & then the daraadge would 
haue bin saved : & we should haue pswaded them to stay for the 
remainder 3 qters or nere a yere more & the credit of the works 
would haue pcured necessuries & we might w'-h good husbandry 
worked out o"" depts but when the bill came ptested every on 
Cometh & requireth not only theire psent bill but all such depts as 
ar due to them & non will trust the works on shillinge. now when 
the creditors demande theire paymts of us we told them that if 
they would stay we would make them the best way we could but 
when we considered that there was no monie to be taken on inter- 
est in this country and then examing the stok there was not a tun 
of Iron as we knowe only sora sowes and no pots nothing but a 
few coale then made & very litle mine brought & did understand 
that what coal was to be made & carried & mine diged & brought 
the laborers & carriers must be paid for & nothing in specie to pay 
for that and a drought in the country that no Iron could be made 
all sumer untill winter to pcure anie thing for paymt of workmen 
& laborers : then what coales & mine should be made & brought 
would be indeptd for, we could not see how or what way to giue 
satisfac. to the Creditors. 

" then we thought of compownding w*h the Creditor for time & 
agred for to put the damadges to the courts to determine and the 
court did so. but now securitie must be giuen for paymt. w'^h the 
creditors expected for say they the workes may be sold & therfor 
they would looke for security, now no effects or stock was there 



1658] RECORDS AND FILES 79 

to do yt, then we had serious thought to mortgage the works for 
securitie pvided that the generall Court should or could confirme 
our power but at the Court & before our majestrate, manie of them 
tendering your condicion did writt to us to comploy to geather 
& what advise or helpe they could afford they would assist us for 
the stating & yssuing agremt. but in fine after much debating & 
agitation they would not nor could advize for mortgag being not in 
our power & knew not what to adviz. seinge the state of the busines 
stood on such a desperate condicion as it did then there was noe 
meanes left but to leave it to the lawe & iustice to order 
yt. then the Creditors comenced suits against the workes & that 
stock as was Found there & they ioyntly had a judgmt of 3670 or 
thereabouts as p the verdict of Court appeareth & they ar levyg 
execution on yt. & but the Coppie of the pticulers executed & 
prised I have not as yet com to my hand the prisers ar this day 
again about yt. 

" there ar manie poore workmen, country men mine carriers col- 
liers & cole carters & other workmen, do make a grievous complt 
for paymt of their wages, it grieveth me to heare yt. I beleue the 
maiestrates of the country will compell the Creditors to make 
paymt to the poore laboringe men. I thinke the most pt of coale 
& mine is yet to be paid for : and now the Creditors ar husbanding 
the workes & it appeareth to me a greate change quickly & manie 
pownd saved that was lavishly spent w°h here I cauot haue space 
& time to writt. but on especial!, the coale measured now. when at 
first they entered they measured the coale & the loades held 7 
qrters & 1-2 w'=h then & now should be 11 qrte then they waied the 
mine & found about 14 or 15 C. w*=h should be 20 C. & the work- 
men said these loads wer biger then formerly were wont to be 
brought & indeed they haue often told me there was no care to 
looke to the loads of mine or coale & so other things I could hint 
y° of. but now y" understand the condicion of your workes under 
execution, yet this I shall informe y" that all the Creditors haue 
joyntly agreed & resolve to tender & render unto y*^ the works fully 
& wholly againe condicionally y" satisfie & paye them ther just 
depts & dewes and what newe arreges & costs they haue & shall be 
at therein or thereabouts & desire not anie waies either to obstruct 
or keepe the workes fro y" as y'^ may cleerly understand by a letter 
from them to w'^h I refer y" for my pt I cannot see but by prudent 
impving of them but there may be advantage by them, as I beliue 
y*^ will clerely understand this yeere. and I should willing advance 
for my fifty pownds share for redeeming them, if the rest of the 
companie will condisende thereto w^'h I hope they will & looke bet- 
ter next to whome they comit theire estates unto & beare a check 
& more command over agents & not let them lord out theire estates 
& doe what they list w*hout controU 

" I should now giue y"^ an accompt of my owne ioyning w*h the 
Creditors in comencing a suite to gett mine owne due I shall 



80 . SALEM QUARTERLY COURT [June 

writt litle but first I say that I labored w*h all might to forbeare & 
giue time w'^h they would haue don if they could haue securitie 
neither would haue anie way psecuted w^h them but seeing all 
others did ioyntly psecute they would haue taken what they 
pleased & soe might suffer much on that accompt & shift for my 
selfe & I could and now I desire y" to consider my condicion. I am 
allmost striped of my estate and do stand ingaged now for this 
monie to divers men to pay them in England w'^h I took up in 
monie & pvisions for your works & did not gaine on penny for 
neere 3001i. or upward lately dd & unto Captain Tinge nere 70011. 
did I lend most in curant monie and it was to redeme that Iron 
sent to England fro Gifford hand for he would dd him no more 
Iron then he paid him for in hande : I pray haue a favourable con- 
structio of my pceeding therin & accept thes rude lines w^'h I am 
inforced to writ in hast : the shipes beinge under sayle and my time 
haue binne for neere 3 weekes takein up in FoUowinge your suites 
& ridinge into the Country hither & thither to summon witnesses 
to our Courtes y" litle consider my burthen & traveill & expences 
herin being compelled out of mine owne purse to pay all chardges 
in these suites w^'h is no smale sume : & I must acknowledge that 
Captaine Bridges haue spent a great deale of time herein & doth 
much acknowledg his erors in writinge in the behaulfe of John 
Gifford beinge over com w*h indulgencies & his faire & cullord 
p^'tences to him but now of late did Clerely see his underhand deal- 
ings & assum that y" did hope to intrust for your good as formerly 
I writt herin we did finde against y" but that I leaue, and as for 
your accompts I could wish I could send them to y** but cannot for 
p'sent & the deposicions against Gifford in courte whereby y" may 
both understand his cariadges & chardge &his vast excess accompts 
I do believe that if y" take but his owne accompt giuen though he 
giveth Credit to Awbryes accompt what he left & to Captaine 
Tinges accompt and nothinge to M"^ Foote his accompt for rod Iron 
rec. & so to other accompts that we shall pue to him. I say but 
take his accompt as it standeth your Iron will cost 26 or 271i. 
p tunn & potts 351i. a tunn. but now I cannot enlardge myselfe to 
y" but must craue your patience untill the next opptunitie w'^h I 
doubt not but will shortly and then y" may god willinge receive 
the whole so cravinge leave for p'^sent desiringe the lord to guide 
y" in all your undertakinges I rest 

" Yours to serve y" to his power 

«' Henry Webb."t 
Complaint of Mr. Webb against Mr. John Giffard, in his letter, 
Dec. 14, 1653; charges, dated Jime 30, 1658, and signed by John 
Giffard. t 

Webb's answer to Gifford's complaint signed by Henry Webb.f 
William Bartholomew testified that before Mr. Giffoard went to 

tAutograph. 



1658] RECORDS AND FILES 81 

England when the case was upon trial in the General Court, two 
eminent members of the court told him that there should be proof 
made that Mr. Gifford had conveyed away 9001i. of the estate of 
the company, etc. That it was a matter of grief to deponent that 
the judges should be so misled by false reports, and upon inquiry 
among the workmen concerning Mr. Gifford's actions, he found 
that they agreed that Gifford left a stock of coal, iron & mine at 
the works greater than there had ever been there before. Sworn 
before Daniel Denison,* June 30, 1658. 

Copy of deed to William Paine from Henry Webb. Whereas 
at a special court held at Boston, Sept. 14, 1653, several creditors 
of the undertakers of the Iron works in New England, commenced 
a suit against the estate of Mr. John Bex & Company of under- 
takers, upon a judgment of 3,6581i. 13s. 4d., in which was included 
Mr. Webb's bill ; and it was allowed by Capt. Robert Bridges and 
Mr. Joshua Foott, two commissioners and attorneys of the com- 
pany. William Paine of Boston, merchant, in consideration of 
said Webb's assigning all his interest in the works at Lynn and 
Brantree for l,3001i. to said Paine, agreed to pay 25 tons of bar iron 
delivered at the dock in Boston, in four instalments, to said Webb of 
Boston and one-half of what Capt. John Leverett shall have sold 
the iron works for. Dated, Feb. 3, 1657. Wit : Edward Hutch- 
enson and Edward Rawson. Copy made by Hilliard Veren,* 
clerk. 

Further answer of Henry Webb.* The oxen were sent away or 
sold to Mr. Brown or others, and some other cattle at Ipswich or 
at Mr. King's farm, also the goats and sheep. Mr. Gifford chal- 
lenged them as his own ; but being bought with iron, the cattle 
belonged to the company, and Mr. Gifford could not transfer them 
to his personal account nor have the use of what they earned, since 
they were kept at the expense of the company. 

Letter of Henry Webb, dated at Boston, Dec. 14, 1653 ; ad- 
dressed *' To the wor^^ Edward winslow or in his absence m^ John 
Beex march* London." " Leave this w*^ m' Josua woolnough at 
the kings heade in Gracia streete drap. to be dd as Supra : dute." 
" p viam Barbados p amicum q d prsen." 

" Boston the 14*^^ of December 1653 
" Hono'"ed S' 

" Yo' Lett"^ of y« 24*»^ 7*^^ (53) came safe to my hands in w*''' I 
doe observe yo'^ tendernes of my condition for w*^*" I am obliged to 
you by y® New England m^'chant, yt set saile from hence in y® 9^^ 
mo last were seuerall lettrs sent by each pticula' of yo"* Commis- 
sion^'s, y* did signifie y® sade condition of works & how runne out 
& y* vast sumes due to seuerall men being for money and pvis- 
ions, & taken up for supply of y® workmen by y' Agents & yo" 
giveing y® Comission'^s order to satisfye y"", & hopeing y"" was estate 

•Autograph, 



82 SALEM QUARTERLY COURT [Juue 

sufficient to pay all men engaged o'^selves for about 94011 || with 
intreest untill || y"^ came other bill ptested & moneyes, y* Cap* 
Ting did take up, & pvisions, for use of y® workes, for w'^h he 
redeemed y* Iron sent by him to London out of y® hands of Ju" 
Gifford (for he would dd noe more of yo"" estate, then what he re- 
ceived in money) & pvisions in hand, so y* when all y® Credit"^* 
came to demand y^ due wee found besides y® 940^' expressed y"^ was 
due to seuerall men 

" As p form' lettrs sent you, & when we came to examine y® 
stocke, we found not one Tunne of Iron to pay all these aforesaid 
onely about 18 Tunne taken to pay pt of M'' Hutchins debt, & some 
potts in m'" Tings hands about 901i to pay p*® of m"" severue his 
debt, for a bill ptested, these being pt of y^ sume expressed & 
when we came to examine what other stock y"" was wee found about 
60 Tunne of sow Iron, & about 900 Load of Coales, & about 4 
Loade of myne, & for y* stocke m"" Gifford sued for at Ipswitch 
Court y® Company for 2000^' & odd pownds, for money due to him 
& workmen & had judgemt & execution aga'^^ you for 1366^' 12^ w'^h 
most unrighteously & unjustly he hath gotten forth, & now seeketh 
to gett yo"^ estate into his hands, were not sufficient but seeketh 
more, & I wish he had not such countenances, as he hath in this 
busines, but I shall forbeare y* now, & because I doe strive in yo"" 
behalf as indeed my faithfullnes to my trust to you & seeing you 
are circumvented & most unconsciously dealt withall, by y* pud & 
imperious spirited agent he seeketh all meanes to mine me & mine 
by his wild slanderous reports y* he broatcheth by words, & noe 
questio but by writing also, w'^h he shall not nor can be able to 
make good. 

" but now this day did he bring y® marshall to Levy his 
executio on my psonall estate & broake up my shop doore & took 
hold on my goods, by vertue of his executio, & what y® ende will 
be I know not, w'^h is noe lettle trouble to me, & myne, & exceed- 
ing great damage to my estate & livelyhoode, & I feare if God doth 
not assist my undoeing consedering what I haue lent out of my 
estate into y® workes, & what I haue engaged to pay in England 
for money & pvisions, I tooke upon my Credit for y" workes, & 
now this great sume y* Gilford un j ustly & violently seeketh to take 
fro me, & y'^fore if you & y® rest of y® Company, doe not consider 
my Condition, w^h now I am involved in I know not what to doe 
S'" I feare y* y® gentlemen will take it unkindely y* I did consent 
to joyne with y® creditors in psecuting a suite aga^* y^ company, 
and so haue a hand in y® psecution against y® workes y'f ore I shall 
desire you to understand y® truth of y* businesse & reasons y* 
moved y^'unto 

" first I did to y® utmost of my endeavo"^ diswad y® Creditor's 
y^'unto, but seeing they could haue no security for paymt nor little 
hopes of recovering any thing, by any advance y* should be raised 
out of y™, while it was, m' Giffords mannaging, they well under- 



1658] RECORDS AND FILES 83 

standing his wayes & causes, y'fore they thought best for y® 
Comp* y'"selves to pceed in y' way againe wee haueing noe || power 
to putt him out of his place nor take any of yo'" effects or || estate 
out of his hands, for so he boasted to many men, y* y® commis- 
sion's could not, nor should not, displace him, nor take anything out 
of his hands, but to call him to acco", w'^h he would give, & againe 
pceive, as form''ly yo' estate was wasted by his high liueing & 
keeping of 2 Clarkes to attend him when one boye would haue 
serued his use & seeing his neglect of measuring of Coules (by 
report of workmen) 8 q""*^ when should be 11 qrtes, & so for want 
of lookeing to myne carriages, for wee found not 15 C when y' 
should be 20 C, & so for y® Scotts imploym*", & other things in y® 
like kind, as you will finde by his acco"** 

" And againe if some of y® Creditors had psented suites, they 
would haue levied on some principall p*® of y® conveniencyes, & 
necessaryes belonging to y® workes & so y* would be destructive to 
y® workes, againe when y"" was trouble & molestations about y" 
workes, y® workmen were hindred in y® employm*, & then they 
would desert y® works, & then noe bringing of y™ together againe, 
nor carrying forth y® workes except you bring new men from Eng- 
land (w'^h you finde very difficult to doe) all y^ workemen were 

goeing oif, for three of o"" cheifest are gone off, & had so 

done, if y'' had not beene y*^ course taken & as for y^ Creditt of y® 
works were lost & none would lend any thing with out secur- 
ity, & noe stooke of Iron or potts, & a drought, y* y® workes went 
not in 3 mo*^^^ or upwards, & to my best observance y*'^ would haue 
beene dissolved. 

" And againe really understanding y® resolutions & ptestations 
of all y® Creditor's joyning together to keepe all y® estate whole & 
intire, & all workmen together, & to disburse what should be need- 
full, for y^ carrying forth of y"^ workes, w*^'' they haue done to 
divers hundred of poundes, & receive not a penny as yet for all 
desbursemt & would engage y™selues wholly to surrender againe, 
paying y™ y®*' just & due debts, & arreredges y^^on, & y® workes & 
state should be returned, with a just & true accott of all y"" trans- 
actions y'in, these & other grounds, w*"^ to mention to you would 
be tedious, y* moved me to these pceedings, w*"* I hope being con- 
sidered may excuse me, fro jealousies & centures, for my pte I 
shall freely resigne my selfe to you, & joyne w*'* you in what my 
ability reacheth too & my pte y''in & advance accordinly as I men- 
tioned in my form*" letf, I long to send you Ju° GifEords accott, 
but yett wee cannot gett y'' whole fro him, I have been neces- 
sitated to follow y® Courts at Salem & Ipswitch & Boston 5 or 6 
times, & my whole time, allmost is spent in y® bussines, y*' rest 
are wearyed out as my selfe is, about these tedious & pplexing 
suites, & know not when they will finde an issue, for Gifford is 
bent with his confederates to weary us out & so farre as I can 
pceive to make a fray on us all, I could wish some one of yo"" 



84 SALEM QUARTERLY COURT [June 

selves were here both to satisfye || your selves || ia all coucern- 
ments & pceediugs, w"** I hope at spring to attaine & so to be 
meanes to settle all things in a right frame, & cannot yet be other- 
wise minded (by all my observatio) but y* y® workes if honestly & 
carefully husbanded, but would turue to good acco" as I hope will 
in season be found to appeare. 

'^s' I feare I shall be tedious to you, & y''fore I pray accept 
these rude lynes, w*"^ now I send writt in hast y*' ship being now 
y® first faire wiude bound for Virginia, & so to England could not 
omite this opportunity now humbly crave Leaue I rest 

" Yo^^ obliged to serue you to his pow"^ 
" Postscript 

" S"" I am necessitated once more to minde you of my sade & 
distressed, & distracted condition, as I haue written, to haue my 
smale estate left in my hand to be ceased on, my shop brocke open 
& y* on an execution in y® name of Jn° Gifford aga** m"" Jn° Beex 
& compa uudertakrs of y® Iron workes, & have now seuerall attach- 
mts more layed on my pson for debts due for y® workes, to y® 
workmen & carryers of coale & myne, & all cometh on my pson, 
& estate, & they plead I am one of y® Company, & they can sue 
any one of y® ptyes for y' debts & so now I stand lyable to all 
engagements, I tender them all my estate in y® workes, not onely 
y® adventure but all I haue lent w'^'' is 135111. of my psonall es- 
tate, for w'^'* I stand engaged to many men to pay now in England, 
for what moneyes & pvisions I borrowed of y™, w*"' Jn° Gefford 
tooke & received of y™, & this will not satisfye Gefford & confed- 
erates, but will take away y* smale portion y* God hath left me, 
onely for my lively hoode & my familyes, w*"^ busenesse I feare, if 
y® lord doe not step in, will be y® undoeing of me & mine, I finde 
but little favo^ abroad & your cause likewise, & such as yo^^ ded 
principle confide in, finde yo'" expectation, m"^ Hathorne hath twise 
appeared iu Court for Gifford aga^* you ; & pleading his cause as 
one of his confederates, & I will not say many of y'^ greatest of y« 
Countrey are for him, I am with y® rest of yo"" Commission's & 
some other men greived to see how yo"" businesse goeth, I doe 
heartily wish y* one of yo^'selves would timely come over at spring 
to helpe an ende yo"^ owne busenesse, for wee are not able to graple 
with such, as wee finde agast us, & I doe still psecute from one 
Court to another, & so I know not when businesses will be issued, 
wee have sued for yo' bookes of acco**, & y* wee may see y™, puse 
y™, & have now by judge mt of Court at Boston obtained, but Gif- 
ford keepeth away some of y™ & his cause is & have beene to pse- 
cute his suites at Salem & Ipswitch Courts, where he thinks he may 
finde most of his favorites & chargeth you with y** workmens yearn- 
ing & demannds, & neuer giveth yo" any Creditt on his acco", but 
putteth us to pue y*, & yett keepeth away his bookes of accott, & 
selleth yo"" oxen away, & other things, & give mee Creditt in his 
acco"" w^h he sued for at Ipswitch Court, & to write you of his 



1658] RECORDS AND FILES 85 

Carryages & passages, would take a volume, but I forbeare, wee are 
attending y® auditing of acco"% I wish wee could issue y™, y*^ yo" 
may understand how all businesses standeth, m' Awbery ded giue 
you some intimation of on'" pceeding in Court, & y® cause is putt 
over untill y*' next, w'^'* will be about y® last of January next, & 
y^'fore I cannot giue you further light y'" aboute, but shall refere 
you to y® next opportunity, & not further to be tedious to you, 
but comending you & all yo^'s to y® guidance of y® almighty I rest 

" A coppy of this sent p via Virginia 
" p Ml' Tho Webber ship y® May flower 

"S^ wee are now at y® 24**1 Qf February (53) & an oppertunity 
pi'senteth by way of Barbadoes, w*=h I would not omitt though I 
haue little else at p'"sent to write to you wee are yet auditing y® 
acco"^ 5 m'chants being by Boston Coiirt ordered to examine y® 
acco"^, & give in their report of y® same, they haue beene now ever 
since y** S^^ of January to this p^'sent day, I doe not remember in 
all this time they haue missed aboue 5 dayes, but haue attended y* 
businesse, & when they will issue it, I doe not well know, they 
finde y® acco" so confused w*^ out date, & noe acco" orderly, for 
servants worke, y* they finde great difficulty to bring to any true 
forme, & as yet wee cannot gett him to geue a pticular acco" of 
each servants worke,but chargeth vast sumes for dyett & Cloathing, 
& wages & little for their worke, I finde by his acco"* yet giuen 
aboue 2000*i expended on servants & scotts, & not 1000'' for y®*'' 

earneings excesse emergesses. I would now have willingly sent 

you his acco" giuen 1 desire to send you y™ w*^ what y® audi- 
tors shall finde & approue of w'^h I hope will be by y® next fro 
hence. I am necessitated dayly to attend & psecute yo^" employ- 
mts herein m"" Foote durst not appeare herein for feare as he saeth 
m' Gifford will laye his execution on him & cast him in prison, & 
Capt. Bridges liveth remote of & cannot be fro his family, though 
indeed he hath spent much time yi'abouts, & haue not beene want- 
ing to further your bussinesse, as his occasions would pmitt, though 
to his prjudice, & as for my selfe I doe wholy attend itleaveing off 
all my calling & imploym*, and in regard God hath stricken me 
with deafen es I am necessitated to intreate y® helpe of anoth"" faith- 
full friend on m' Edw : Hutchinson, whome I finde faithfull, in 
assesting in yo"" behalfe & haue & doth spend all his time, with me 
in these affaires, for such is my deafnes y* I cannot heare what is 
spoken either in Court or to y® auditors, & y'"fore am I putt upon 
it, to haue an assistant in these affaires 

" And as for y*^ worke, as in o'' form^" lettrs, they are imder y® 
manageing of y** Creditor's, but as || theyer || wee formerly written, 
y* you may haue y™ solely & wholy againe, paying there due debts, 
& what they haue issued y^^on on due consideratio & acco" y''of , 
you shall haue, as they haue engaged & written to you & I doubt 
not but you shall finde y'*', in a farre better posture, then they found 
it, & in a farre more orderly way of fruite M' osborne could not 



86 SALEM QUARTERLY COURT [June 

be p^'vayled to undertake y® businesse, he found it so much in debt, 
& in such a confusion, as it was then ; & indeed he was very ill & 
sicke a long time after he came ashore, y* he found himselfe not 
able to undertake y^ Charge, & y^'fore y^ was anoth"" honest man — 
one Thaddeus Riddan, y* was brought over by m' Leader, & was 
his Clarke for y'' workes, & imployed y'on all his time, and he hath 
imdettaken to mannage y® same, & will liue answerable to his place 
& incomes, & not lavesh it out, as others have done, w^'h is found 
by sad experience, & wee hope wee shall see some of yo'"selues 
here, to see & improue & order yo"" occasions here, so y* y^'by you 
may haue full satisfactio 

" I understand by Jn** Gifford y* he hath written lettrs to yo'- 

selues, y* y® Commission's haue undone y® workes, & y* by theire 

meanes, they are taken fro y^ undertakrs in England & soe such 

wordes he seemeth to some men to intimate but wee trust y* y® 

gentlemen will not hastily giue Credit to what Gifford shall write, 

for he careth not what he speaketh or writeth to clear himselfe, & 

laye false Charges on oth^'s especially when wee are not to giue 

an answer to him, for he durst not here lay any such to o"^ charge, 

for feare wee should psecute ag^* him, for a slaunderer as I haue 

done aga®* his Confederate one Jarvis a factor, y* he tooke fro y® 

prison an idle druncken fellow y* is now bound over to Court on 

good behavio'", & Lately he hath brocken out with such false reports 

& slanders as I sued him & y® Court awarded him to pay 50^* for 

his slanderous wordes & imputations, & this is y^ fellow y* Gifford 

haue sent into his house, as one of his Clarices, & y* is one of his 

confederates to strengthen his hands in his courses, & doubtless is 

ready to second Gifford in his writing aga®* us, but wee should 

looke at it as a favo"", if wee had but y'^ coppies of such letf^ as 

may be sent by him, y* wee may haue wherewith to charge him, y* 

so wee may make him pve it, & so may cleare ourselves both to y® 

Countrey here, & so to yo^'selves, he haue intimated to some, y* y^ 

Commission's did acknowledge y" acco"'' of y^ Creditor's, when they 

psecuted aga*** y® Iron workes, & would not suffer him to speake 

in Courte, & other wordes to y® same effect, but y® truth is wee did 

examine y^ acco"* of y® shopkeeps & m'chants, when y** bills came 

backe ptested y* m^" Awbery & m"" Ting had drawne, & wee did 

finde by theire bookes & bills under m' Giffords owne hand & m"^ 

Awberys & m' Tings, y* their debts were true debts, & now haue 

wee fastened them all on m"" Giff'ord, & now it lyeth on him as his 

charge, for little els but what was pued by y® shop keeper could be 

pued for his charge for he will not acknowledge any thinge but 

what wee Could pue, though m"" Awbery did pay many sumes to 

him, & by his ord^^s & did not take acquittances & notes under his 

hand for y'' same, & so hereby will yo"" losse be great, & by this 

meanes Gifford will make a pray on Awbry and on us all as 1 

truely apprehend, & Awbery haue nothing to make satisfactio ta 

y® Company, for all y* will rest on his charge. 



1658] RECORDS AND FILES 87 

" wee are demanding full acco"^ of what was delieured to m*" 
Gifferds hands, & requiring a full acco" of all yo"" estate here, & as 
yet wee cannot gett him to make it up to us, but y" auditors saith 
he shall giue up his full acco" as y® Coraissio''s Charged him with 
all, & I doe desire to send you y® whole pceedings of y^ auditor's 
& what pticulls of yo' estate is levied on, & what of yo*" estate is 
left, being under y® hand of John Gifford, & he will not dd it to y* 
hands of y** Comission's nor pay those poore men to whome much 
is due, & he haueing an executio forth agast yo'^selues for 1366" 
but he seizeth on my estate for it, as in my form"^ I writt to you, 
& so y® law must issue y* businesse, w'^h T must be necessitated to 
psecvite to my exceeding damage & losse, & as for y* sume of 
money y* I haue justly due to me, haueing lent & borrowed for y® 
workes necessary use & payd to workmen & yo"" agents on their 
bills passed on me, if y® Company will pay me in equall pcions, 
in 3 yeares time to my assignees at London with 8" "^ C for for- 
bearance I shall be satisfyed, though to my greate hinderance in my 
Trade for now am I putt off from all my trade, you shall finde 

me ready to cam you in all reasonable demands, & desire to be 

serviceable to you to & utmost skill, & if I can haue but my 

travaile found acceptable, 1 shall haue what I expect fro our prin- 
ciples, but I desire now if possibly to be freed from these dis- 
tracted incombrances & to live in peace & I hope I shall see sume 
of yo^'selues here, for y® issueing & orderly settling of yo' affaires, 
so for y^ psent comending yo" all to y® guidance of ye almighty I 
rest 

" Tout's to serve you to his pow"^ 

"Henry Webb."* 

Henry Webb's* further answer to Mr. Giffard, stating that the 
former was only one of the Commissioners and should not be at- 
tached personally for the debts of the works. 

Copy of second writ : Capt. Kobt. Bridges, Mr. Henry Webb and 
Mr. Joshua Foote, commissioners and attorneys of the undertakers 
of the Iron works v. Mr. John Gifford ; dated, 17 : 8 : 1653 ; signed 
by Jonathan Negus, for the court ; and served by E,i. Wayte. 

Referred to next General Court ; copy attested by Edward Raw- 
son,* secretary. 

Court at Salem, June 27, 1654. Copy of record attested by 
Robert Lord,* that Mr. John Gifford was fined for striking Francis 
Perry. 

Thomas Savage testified, concerning the farm at Hammersmith, 
that they had rented twenty-eight acres of plow land and marsh 
to Francis Perry, who was to pay 251i. sterling, together with 
sufficient meat for a team of six oxen and a horse, also sufficient 
meat, drink, washing and lodging for a man for a year ; that they 
reserved for themselves all the workmen's houses and gardens, 

* Autograph. 



88 SALEM QUARTERLY COURT [June 

orchard and field of English grass adjoining the orchard. Good- 
man Perry was to have only the use of the house, barn and cow- 
house where Farmer Dexter lived, but they reserved the right for 
the workmen there to keep cows and swine. Also that Mr. Gifford 
in the spring of 1651-2 ventured to the value of lOOli. in a voyage 
to the Dutch and Delaware, in partnership with Capt. Hawthorne 
and Mr. Wm. Browne, and he sent pots and other goods. Sworn 
before William Hibbins, 26 : 8 : 1653. Copy made by Edward 
Eawson,* secretary. 

" London this 28*^ of September 1652 

" Gentlemen The 
" Commissioners 

" Sence our last letter to you of the 24*** of July we 
haue had the opportunity to speake with M*^ William Osborne who 
hath informed us of many things Concerninge the Accounts of J 
Giflford he havinge been an actor with him till he did put him by 
sense wee haue spocke with M'" osborne wee are much satisefied of 
his honesty and integrity towards the Comp : wch if we had 
knowne soe much before we would haue made coyce of him to be 
uper Clarke of our workes in place of m"^ Gifford as wee Conceiue 
and Can understand by him he has verry good iudgment in Iron 
workes and also beloued of the workmen we would verry faine had 

to you over with this passage and pmised him an imploy- 

ment at Brantrey furnas and forge if not of all the imployment in 
Giffords steed if he deserted us or were unwillinge to serve us any 
longer upon : our Conditions 

" but I doe Conceive he will hardly goe with this passage pre- 
tending that he furst expects some Payment of us he owinge 
Aboue £100 to his Cossin osborne heare and then also for the 
danger of the hollanders and the time of the yeare being so far 

spent so that he partly resoulved to goe in January and 

seemeth to be willing to doe the Comp : servis but by meanes 

under M'^ Gifford and we doubt not that if Mr. Gifford should quit 
the place that osborne would be sufl&cient and willing to supply the 
place esspecially hauing the Commissioners to Countenance him 
and to Consult with all and on assistant at boston as factor and if 
m' Gifford should remaine in the place I doubt not but you might 
so farr prevaile with osborne as to be Clarke at brantry and he not 
to be under Gifford but under the Commissioners, and Giue his 
account to them also we find a necessity to imploy Osborne in our 

workes because if wee doe not we doe under soe much by him 

that yf he hath noe imployment by us then he being desired 

longe sence of those of Plymouth pattent to be imployed by them 
in raising of Iron workes there to our great Preiudice and without 
him we are Confident they will not attempt it 

*' they would verry much distract our workes and it is not an easy 

♦Autograph. 



1658] RECORDS AND FILES 89 

matter to gett workmen to goe for new England therefore wee would 
haue you to Considder seriously of these things we shall much 
indevor to retaine osborne if we can knowing it to be yo"" sence 
also, here follow severall Charges wch J : Gifford bringeth in his 
account wch we doe noe wayes allow of and must be deducted out 
of him furst the wadges of Jonathan Couentry as also his diett 
amounting to 24^* : 17 : 9 : which did searve Gifford as his under 
Clarke to write his accounts not to be allowed by the Company and 
ossbome wch could haue done him and the Company Good servis 
must be put out and this Jonathan a verry Idle fellow : y"" Item for 
feather beds must be put out £13 : 3 : we are not to allow him any 
houshold stuff Item for a horse £15 Item for one saddle and 
bridle, 22 : 15 : the Company is not to find him horses furniture 
nor oats Item for weadgs at brantry £2 : 17 : 6 : and spent at 
boston 12« : 6'^ : not to be allowed more repairation in his dwellinge 
house then was necessary by a greate deale he might haue been 
Contented to live in it as m'' Leader left it also a pue for him and 
his wife in the meettinge house £1 : 15 : 4«i : wch meere prodigalyty 
also a house that he builte for the Scots cost £35 and he built it 
upon Samuell Bennets grownd wch was very unadvisedly done 

" Item John Adams A servant to Jo Gifford and not to the Com- 
pany not to be Clothed nor dieted by the Comp : Charge wch is no 
less than £20 p an also Carsy for this booy of 10s. a yard which is 
the very best Item Gorge Adems the Father of this boy not able 
to worke yett Chargable to the Comp : Item M"" Giffords diett was 
reconed in the £125 : 2 : 6"^ : wch was owing to m"" osborne upon 
ace : wch he is to make Good to osborne and not the Comp : to 

paye for his diett. James Pea an a servant to Jo: Gifford 

and not to the company yett Charged upon the Companyes account 
soe that after this rate in place of £200 p an for Giffords sallory 
we allow him aboue £180 p an in the verry chardges as aboue I 
beleeue the Company paid for Carryinge over servants for him but 
not to raaintaine them at the Companyes Chardge then for dieting 
of the scots he setts 6^ a man p weecke and m'' osborne dieted 
Gifford for 5^ p weecke much better then he euer gaue to the 
Scotts wch comes to a Considderable deale of mony at least £70 
more then he ought to haue had besides the provition that Capt. 
wacker had leaft for the Company 2-3 ptes wherefore he must 
make himselfe debter in the account or else the Company loosses 
it. 

" also he brings in ace : the severall debts that were remited as 
if he had payd the money whereas they never came of his cash 
besides other emergenses wch we Cannot recken so that we beleeue 
that he hath made the furst yeare worth to him 300 or £400 wch 
we will nowyes allow of Considderinge the Cavridge it may be 
£500 it were verry necessary that those abuses should be looked 
after by the Commissioners and made good by Gifford to the Comp : 
and if it be his intente soe to pceed then to dismiss him oute of 



90 SALEM QUARTERLY COURT [June 

hand before any more such abuses be done to the Comp : I am 
Confident with the helpe of m^ fott you wilbe able to keepe the 
workmen in worke till m^ osborne Comes over wch will be God 
willinge in February or march next the workmen now being in 
repaire and such a great stocke of Coale and myne if Gifford had 
sett the furnace a blowinge in July or August last year and had 
blowne tell latter end of desember hee would haue done much 
better and less wast of Coale and then he might begen to blow in 
the latter end of February following & by that meanes rather haue 
gott of sow Iron on ground as such a quantity of Coale wasted by 
the snow and wether especially if they haue no Coale houses it 
wilbe necessary to lett some of the scotts to heape the Coales to 
saue Charges 

" the measure of Coale is neglected and must be loocked after 
Samuell Bennit ought not to haue any Carridg for the Comp : un- 
less hees Complying to the Commissioners he haueing had aboue 
£100 this last yeare : which makes him so stout and insolent with 

the Comp : we did fynd 35 tun 6^^ of bars upon more incr 

then was made by the workemen but Gift'ord makes himselfe not 
debter for the 19 tun of barr Iron wch weare remayning in Os- 
bornes time nor for the remayning potts it is much to be admired 
that in osbornes time theare was good store of barr Iron sow Iron 
Potts Coale wood and myne leaft and the workes in good repayre 
and besides all that £800 in Comodityes that Leader brought 
alonge for the Comp : as also the scotts which weare worth no less 

then £1600 if they had been sold and now turned for the benifitt 

of the workes and then bills of exchainge drawne by awbery upon the 

Comp : to the value of £1600 and not aboue worth £400 of 

Iron returned to it by this ace : there might be remayninge at 

the workes instor and debts aboue £5000 wch is two much 

stock by £2000 wch will stocke a furnas and fordge in owld Eng- 
land there they buy their wood the coale standes heare in 30 

and 32s. p load 

" wee would intreat you seriously to minde this busines that wee 
may not be fooled out of such an estate and so probably of full 
proffitts if well managed and that we once had honist dealinge and 
what soever you doe doe not draw eanye more bills of exchange 
upon us but rather yf you want it yet tacke some moneyes upon 
intrest for 10 or 12 months you having such a stock for security 
there and then yf you send barr Iron too we will returne you 
English Comodities for it to pay of this intrest moneyes till such 

time that we haue wrought out pte of ou"" stock and that you 

haue heare sent us 200 : or 250 tun of bar Iron at least 50 tun with 
every ship and if it should hapen that any of the last bills of exc : 
should go back with protest in respect that most of the parteners 
heare haue not brought in their advance and noe Iron as yett come : 
lett them be satisetied there I shall doe what I can to satistie them 
for a tyme tell Iron Cometh but some will hardly haue patience 



1658] KECORDS AND FILES 91 

thincking to speed better in new England m'" huchensen is extreme 
ernist I haue payd him £200 but is earnest for the other £200 wch 
he must haue paciense for we haue noe provision in Cash I am out 

aboue £270 out of my owne Cash and am unwilling to pay any 

more unless the partnors will pay their aduance 

" and I pray lett some Care be taken that oxen may be bought 
for 2 teeraes more wee hauinge ou"' owne teemes to Carry ou"" Coale 
and timber Samuell Bennitt one and osborne one and those 5 teemes 
will be sufficient to do all the worke hauing scotts for Carters it 
will saue £300 p an inquire of Jo. Gifford what is become of the 
Corne the scotts sowed also the wages they earned also to gett an 
account of Awbery that wee may not suffer that way after the 
writing of this letter we reced an owld letter of Mr. Ting and m' 
Webb of January last wch was to come by osborne wherein wee 

understand that both they and we are all of a mind wch were 

verry glad of that we had ordered our busines to Ukinge we 

would intreat you to write a letter to Cap* hawkeridge and to Jo : 
Turner to returne ower adventires for land I haue Given s ; Rich a 
letter of attourney Against Cap* hawkridge if he make noe sudden 
retourne willam osborne haue lost all his former weeckly ace : in 
the sheipe but will Coppie them out of his bocke and send them I 
beleeve the more awbery and Gifford are at differance the more you 
will be informed Etc : 

'' J. E. Beex* in the 

" Behalf of all partners. 

" p m' Israeli Simonds com"" 
" of the may Flower 

« dated 28 Sept. 52." 

Thomas Savage testified that he bought of Mr. John Gifford 
thirty hundred of pots and sixty hundred of bar iron in 1652, for 
which he paid 10511. ; that he also bought of other workmen, about 
30 : 5 : 1653, one ton of bar iron and paid for it. Sworn, 18 : 8 : 
1653, before Jno. Leveret, commissioner. Copy made by Edward 
Eawson,* secretary. 

Copy of record of the finding of the General Court at Boston, 
Nov. 20, 1654, in an action between Mr. Josiah Winslow and Capt. 
Robert Keayne, commissioner and attorney of the said undertakers. 
Copy made by Edward Rawson,* secretary. 

Copy of similar record, dated, Oct. 24, 1655. 

Copy of deposition of Thomas Wheeler of Lynn, aged about 
fifty years, who testified that Mr. Giffard of Lynn bought six oxen, 
tackling and a pair of wheels of him about two years ago, for 
which he promised to pay 551i., and he paid part of it in iron. 
Sworn, 27 : 8 : 1653, before Increase Nowell. Copy made by 
Edward Rawson,* secretary. 

Copy of deposition of Robert Patteshall, aged about forty years, 

•Autograph. 



92 SALEM QUARTERLY COURT [June 

who testified that he bought of Mr. John Gifford twenty-seven 
hogsheads of Virginia tobacco for 1081i. Sworn, 29 : 8 : 1653, 
before Increase Nowell. Copy made by Edward Eawson,* sec- 
retary. 

Copy of deposition of Thomas Marshall, aged about thirty-seven 
years, who testified that he sold three oxen to Mr. John Giffard at 
the Iron works, for which he paid in bills and that he had bought 
some oxen, cart, wheels and hay, and ewes of Mr. Gifford. Sworn, 
27 : 8 : 1653, before Increase Nowell. Copy made by Edward 
Rawson,* secretary. 

Copy of deposition of David Faulkner of Boston, aged about 
thirty-three years, who testified that Mr. John Gilfard and himself 
bought of William Stranguish, twenty-seven hogsheads of Virginia 
tobacco for 851i., but when Gifford found what a great bargain it 
was, the latter kept the whole parcel, paying for it in iron, and 
deprived deponent of his part. Sworn, 19 : 8 : 1653, before Natha. 
Duncan. Copy made by Edward Rawson,* secretary. 

John Harwood, aged about twenty-seven years, deposed that Aug. 
4 last he bought "bar iron of Mr. Gifford of the Iron works, paying 
in money and provisions. Sworn, 18 : 8 : 1653, before William 
Hibbins, and copy made by Edward Rawson,* secretary. 

Thomas Lake, aged about forty- three years, deposed that he with 
Major Gibons and others gave bond for bailing Mr. John Gefford 
to answer complaint of the commissioners or attorney, and supposed 
the bond was given to George Munings. Sworn in Boston, 28 : 4 : 
1658, before Edward Tynge,* commissioner. 

Copy of deposition of Richard Hud, aged about thirty-two 
years, who testified that Gifford bought some goats of him in ex- 
change for a debt which deponent owed the Iron works, which goats 
Gifford later sold. For advance upon provisions they paid 5s. a 
barrel for beef and pork more than at Boston, 4d.a bushel for corn 
and 5s. a hogshead for mackerel. Beef and mackerel sold for 31i. 
15s. and 30s. per barrel, respectively. Sworn, 27 : 8 : 1653. 

Copy of deposition of Mr. Wm. Payne of Ipswich, who testified 
that Mr. John Gifford had cattle, corn and malt of him for iron 
received by order of Bridges and Chandler of Andover, and the 
remainder by Mr. Foote in nails. Sworn, Oct. 19, 1653, before 
William Hibbins. 

Samuel Bennit, aged about forty-eight years, deposed that he 
sold J. Gifford a horse, which was charged to the Company. Sworn, 
29 : 8 : 1653, before John Glover.* 

Copy of deposition of Francis Perry, aged about forty-five years, 
who testified, 27 : 8 : 1653, that being carpenter of the works he 
made many things for Gifford's house on the Company's account, 
including one great press, and set up two dressers, which Giffard 
took away when he went. Also that Gifford took the lock from the 

•Autograph. 



1658] RECORDS AND FILES 93 

door, and took down part of the walls at the doors to get out the 
press ; that deponent sold Giffard goats and a calf, which were 
paid for from the Company's estate, and had since sold the goats 
to Lt. Marshall of Reding, and sent away the calf by Daniell 
Salmon, branding it with his own mark ; he had used the farm, 
for which deponent offered him 601i. per year, and he used the 
Scotchmen to weed his corn, manure the ground and make hay ; 
that Daniell Salmon was employed by Gifford to plow and work 
on the farm. Deponent also testified that he saw the load of 
mine which Capt. Savage first caused to be weighed at the fur- 
nace bridge, also the coals, all of which were greater loads than 
ordinary; that Jno. Adams was employed in Mr. Gifford's personal 
business, and deponent was denied a statement of his account 
with Gifford ; that the latter sent away the team called the Com- 
pany's team by Daniell Salmon and James Adams, and that Gifford 
sent the Scots into the wood to get work, etc. Sworn before In- 
crease Nowell. Copy made by Edward Rawson,* secretary. 

Copy of deposition of Robert Patteshall, aged about forty years, 
who testified that aboard Capt. Gilbert Crane's ship at Nantasket 
he met one Emery, a Scotchman, who had belonged formerly to the 
Iron works, etc. Sworn, 27 : 8 : 1655, before Edward Rawson,* 
secretary. 

Copy of deposition of John Toish, aged about twenty-four 
years, who testified that he was appointed by Mr. Giffard to 
receive the stock, and that Edward Baker sent in by his cart 
100 tons of bog mine, some of the tons being not more than 
1400 pounds. He told Mr. Gifford and John Blajno what it 
weighed, etc. Sworn, 25 : 11 : 1653, before William Hibbins. 

Copy of deposition of Wm. Browne of Salem, who testified that 
he sold oxen to Mr. Giffard in the spring of 1652, and fish to Mr. 
Cook, and about two and a half years ago, about 901i. was ven- 
tured to Delawarr by Mr. Giffard, and what was brought back 
was delivered to Mr. Awbery, etc. Sworn, 27 : 8 : 1653. 

Copy of deposition of Wm. Davis, who testified that he received 
of John Giffard from the Iron works at Lynn iron which was 
brought to Boston by Joseph Armitage, 30 : 5 : 1653. Sworn, 18 : 
8: 1653, before Jno. Leverett, commissioner. 

Capt. Richard Walker* testified, 23 : 11 : 1653, that the tumbrill 
that his man carted mine in for Mr. Leader would not be accepted 
by Mr. Gafford, and the latter had a larger one made. 

Copy of deposition of Henry Tucker and Richard Greene, who 
were sworn, 27 : 8 : 1653, and testified that they could not get their 
account from Gifford. 

Lt. Thomas Marshall, aged about thirty-nine years, deposed that 
Gifford complained that the cart was too small that had been used 
in Mr. Leader's and Mr. Osborne's time, and deponent was 

•Autograph. 



94 SALEM QUARTERLY COURT [June 

forced to get a larger one. Sworn, 23 of this mo., before Richard 
Walker.* 

Serg. Jno. Smith, aged about thirty years, testified that when 
Mr. Giffard came to the works deponent was using the tumbrel that 
Capt. Walker had formerly carried 100 tons of mine in, but Gifford 
complained that it was too small, etc. Sworn before Richard Wal- 
ker.* 

Copy of deposition of William Russell, aged about thirty-six 
years, who testified that when he went forth gunner of the ship 
called Brocke, but afterward called Providence, of which Mr. Wil- 
liam Cooke was master, bound for Barbadoes, he heard Mr. Cooke 
say that Mr. Gifford was one of her chief owners, and that 100 
tons of iron, about seventy small pots and great kettles or 
marmeletts were shipped on board by him, and about 11 hogsheads 
of mackerel marked I. G. 

Copy of deposition of Richard Walker, aged about forty-one 
years, who testified that he sold to Mr. John GifEard sheep, and re- 
ceived payment in beef ; he also received by Mr. Giffard's order a 
bill which George Burden had, etc. Sworn, 27 : 8 : 1653, before 
Increase No well. 

Copy of deposition of Qunten Pray, aged about sixty-one years, 
who testified that he heard .Jno. Giffard caution the colliers and 
others to always bring in full measure and that said Gifford was 
just and honest in all transactions with the workmen. Sworn, 
June 10, 1656, before Natha. Duncan,* commissioner, who certified 
to the copy. Robert Howard,* notary public, certified that Mr. 
Natha. Duncan was a regular commissioner appointed by the Gen- 
eral Court, etc. 

Copy of deposition of Benj amine Gillam, aged about forty-five 
years, who testified that Mr. Giffard obliged himself to pay Major 
Gibbons or his assignee, iron in part payment of 451i. for the ship 
Brock; that Mr. Cooke declared that Mr. Giffard had paid more 
than a fourth part, etc., and Cooke, who was the master, had given 
eight guns for Giffard's security, at 25s. p C. Mr. Cooke declared 
that the ship laid in a cargo of 7001i. when she sailed from here. 
Sworn, 27 : 8 : 1653. 

Copy of deposition of Joseph Boovy, aged about twenty-seven 
years, who testified that he carried coals a whole summer from 
Goodman Tucker, etc. Sworn, 24 : 11 : 1653, before Nathaniell 
Duncan. 

Copy of deposition of John Toysh, aged about twenty-four 
years, who testified that he carried coals, etc. Sworn, 24 : 11 : 
1653, before Nathaniell Duncan. 

Copy of deposition of John Clarke, aged about twenty-eight 
years. Sworn, 24 : 11 : 1653. 

Copy of deposition of James Danielson and George Thompson, 

♦Autograph. 



1658] RECORDS AND FILES 95 

aged about twenty years, who testified that they were colliers in 
Will. Tingle's work, and sent in their coal carts full, and that Gifford 
often went into the wood to tell tliem to bring in full measure. 

Copy of deposition of Thomas Looke, collier, aged about thirty- 
one years, who testified that he was aco llier and sent in his coal 
carts full, etc. 

Copy of deposition of Richd. Greene, aged about thirty-four 
years, who testified that he worked as a collier there, etc. 

Robert Howard,* notary public, certifi^ed that Edward Eawson, 
who made the above copies, was secretary, etc. 

Jno. Blaino, aged about twenty -two years, deposed that by ap- 
pointment of Mr. Jno. Giffard he went to Boston the 10th of this 
month, June, having a letter from said Giffard to Mr. Henery 
Webb, about the boats and iron. Webb finally promised to give 
him 51i. and said that he would not pay Goodman Williams, the 
glover, until he had received sufficient iron. Deponent further 
testified that Webb said that if he chose he could order bar iron to 
be slit and sent to Mr. Foote, and the latter should pay for it, to 
which deponent replied " S^" if yo^ please I will goe and speak to 
m"" foot about it." Mr. Webb replied " Prithy Jn° Goe." Foote 
said that he had paid for all he had received. Webb refused to 
trouble himself about the rod iron for he declared Foot would 
" turne him off with Tobacco and such kind of trash, and he would 
not be made such a fool." Sworn, 13 : 4 : 1653, before Rob. 
Bridges.* 

Copy of deposition of Theophilus Bayly, aged about thirty- one 
years, who testified that he went in the company's boat, and did 
by Mr. Gifford's order carry in his boat from the iron works, one 
year since, four tons of bar iron and delivered it aboard a ship at 
Pascattoway , and brought back one butt and one hogshead of wine. 
Deponent thought the iron was on Mr. Pateshall's account ; and 
the last winter he also delivered iron into Mr. Cook's ship, for Mr. 
John Jarvis, and ordered to be delivered to another ship, but that 
ship being loaded with pipestaves, it could not be taken on. He 
also delivered several dozen of small wares to Mr. Cook's ship. 
Ten weeks since, he also delivered aboard the bark of William 
Stranguish, eleven dozen skillets ; Giffard urged him to take forty 
pounds worth, saying that they were as good a commodity as 
his tobacco, but Strangviish refused. Deponent then delivered 
nineteen dozen and four skillets at Mrs. Hanborough's house, eleven 
ton of iron to Mr. John Harwood of Boston, for which he received 
money, woolen and linen cloth and shoes, the cloth and shoes 
being taken to Mr. Gifford's house in the company's boat. A year 
before he carried a freight of pots to Mr. William Browne of Salem 
and Thomas Graves took a freight of iron to the same, but as soon 
as it was delivered they had orders to take it to Boston, the cost 

* Autograph. 



96 SALEM QUARTERLY COURT [June 

of the whole being 901i. They afterwards delivered 14 tons of bar 
iron from the works to Mr. Foote on Mr. Houchins account, it being 
the iron that Samuell Bennet had order to receive for Mr. Houchins 
and when they had delivered 20 tons, John Blaino, Mr. Giffard's 
man, demanded a receipt from deponent, if said Bennet did not 
come to give it, and he gave it. Gifford sent John Blaino to Bos- 
ton to take two tons out, which was done, and it was disposed of to 
Mr. Harwood. Sworn, 26: 8 : 1653. 

Copy of deposition of Mr. William Emery, aged about twenty- 
eight years, having been sent as a servant by the Company to New 
England, and having been in their employment at the Iron works 
about two years and six weeks, who testified that iron was delivered 
to Mr. John Jar vis, being sent by boat to Boston ; that old Tingle, a 
collier, hired of Mr. Giffard four Scotchmen for three years, for 
whom Tingle was to provide meat, drink and clothing and the lat- 
ter was to allow the Company six pence out of every load of coal 
that said Tingle made, and that their time would not expire until 
May 10, next ; that Thomas Look, Thomas Wiggens and Richard 
Hood had each of them a Scot for three years, agreeing to give 
them food and clothing and allow the Company 51i. per year ; that 
Mr. Giffard hired Wiggen's man and gave him 5s. per week, that 
Samuell Bennet had one Scot, for whom he was to give 51i. the 
first year, and 81i. for the next year, whose time expired about 
Christmas next ; that four Scotchmen were employed wheeling and 
floating the collier's work, their pay being deducted from the col- 
lier's account, and another Scot was let to Richard Smith, collier, 
for which Mr. Giffard bargained with him to give 14s. 6d. p week 
from Mar. 16, until Sept. 16, 1663 ; that for the rest of the Scots 
at the house, about thirteen men, they had not earned more than 
lOli. for ten or eleven weeks for lack of looking after ; that James 
Adames, one of the Scotchmen had gone with Mr. Giffard's team 
ever since he had it of Thomas Wheeler, likewise the team called 
Daniel Salmon's. Mr. Giffard kept one Scotchman called John 
Steward and also John Adams, both in his house for his own ser- 
vice, until lately put forth to a smith. The farm work was done by 
the Scotchmen and Daniell Salmon, and deponent saw two men 
hilling Indian corn in the orchard that year ; the Scotchmen kept 
Gifford's and the people's cattle, fifty or sixty head, two summers, 
for which they were to pay 5s. p cow to the keeper. Divers men 
were boarded at the Scotchmen's house on the Company's pro- 
visions, namely, William Tingle's four men from Apr. 1, 1652 to 
Nov. 1, 1652 ; Samuell Bennett's two men, eighteen weeks ; John 
Gorum, about five months ; Francis Perry's boy, while keeping Mr. 
Giffard's goats, ten weeks ; John Gorum about six weeks, in 1653 ; 
Richard Post, two weeks, in 1653; old Stich, the collier, three 
months, in 1653 ; John Adams, two weeks, and Jabish Racket, ten 
weeks. When barrels of beef were sent to Hammersmith in 1651, 
to Mr. Gifford's, that they were opened at his house and lacked 



1658] RECORDS AND FILES 97 

Tho. Newell made free. 

Tho. Newell and Eichard Kooden sworn constables for Lynn. 

Joseph Myles v. Mordicha Creford. Slander. For his wife, 
Edith Creford, saying that the plaintiff was a base rascal and a 
thievish rogue.* 

Modicha Creford v. Joseph Myles. Defamation. For saying that 
the plaintiff had stolen his wood.f 

Lt. Thomas Marshall allowed to marry and take testimony in 
civil cases in Lynn. 

Mr. William Browne v. Oliver Purchase. Debt. For detaining 
thirty-eight bushels of malt delivered by his agent, Joseph Jencks, 
sr., to defendant.! 

eighteen or twenty pieces in a barrel when they came to the Scot's 
house ; that deponent delivered to Mr. Samuell Bennett four hun- 
dred mackerel from the Scot's provisions sent by Mr. Giffard ; that 
Mr. Awbrey and others having sent thousands of biscuit to the 
iron works, which were placed in the storehouse or Mr. Giffard's 
house, said Giffard disposed of a considerable part to his family 
and to other workmen and charged the whole to the Scot's ac- 
count. Deponent further testified that of the soap, which was sent 
to Mr. Giffard for the Scot's use, only about a firkin and a half 
had been used by the Scots, when deponent left, eighteen weeks 
before, but 131i. was delivered to Samuell Bennitt by Giffard's 
order. Sworn, 27 : 8 : 1653, before Increase Nowell. 

Copy of deposition of Henry Stich, aged about one hundred 
and two years, who testified that he was employed by Mr. John 
Giffard, agent, in the mystery of coaling, etc. Sworn, 24 : 11 : 
1653, before Will. Hibbins. 

Copy of deposition of Robt. Mackentier, aged about twenty-four 
years, who testified that he was employed by Thomas Wiggins in 
carting coals. Sworn, 24 : 11 : 1653, before William Hibbins. 

*Writ : Joseph Miles v. Mordechie Creford ; dated, 18 : 4 : 1658 ; 
signed by Hillyard Veren,§ for the court. 

Willyam Lightffoote, aged twenty-three years, deposed that being 
at Mordecai Crevit's house he heard the bargain between the par- 
ties, that plaintiff was to pay 17s. per yard for four yards of cloth. 
Sworn in Salem court, June 29, 1658. 

fWrit : Mordechai Creford v. Joseph Miles of Salem ; dated, 
17 : 4 : 1658 ; signed by Hillyard Veren,§ for the court; and served 
by Samuel Archard,§ marshal. Took bond. 

J Writ : Mr. William Browne v. Oliver Purchas of Hamersmith j 
dated, 18 : 4 : 1658; signed by Hillyard Veren,§ for the court; and 
served by Samuell Archard,§ marshal of Salem. 

§Autograph. 



98 SALEM QUARTERLY COURT [June 

Mr. Kichard Moore v. Edward Priscott. Debt.* 

Mr. William Browne v. Estate of William White, lately de- 
ceased, in the hands of John Orms (Ormes). Debt.f 

William Vinson sworn constable of Gloster. 

Jenkin Davis of Lynn sworn clerk of the market. 

Ezekiell Wathen brought in inventory! of the estate of his kins- 
man, Thomas Wathen, deceased. 

Benjamyn Balch ordered to have the estate of Agnis Balch, in 
order to pay her debts. 

Inventory § of the estate of George Buncker,1[ lately deceased. 

Joseph Jencks, sr., deposed that Mr. William Brown sent forty 
bushels of malt to the Iron works to exchange for bar iron, slit 
into nail rods, but defendant would not allow him to leave the 
malt or take the iron, affirming that there were only thirty-eight 
bushels of malt. Sworn, 17 : 3 : 1658, before Wm. Hathorne. || 

Allexander Brabiner testified that he heard the conversation be- 
tween defendant and said Jenckes. Sworn in court, June 29, 1658. 

Bill of charges. 

Daniell Salmon || and John Hathorne |i testified that said Daniell 
Salmon, deputy to the marshal of Salem, while serving a writ, 
attaching a parcel of bar iron, was violently resisted by Olliver Pur- 
chis, Henry Leoneard and Richard Blood, who took the iron from 
him, in the forge at the Iron works. 

George Darline testified that the malt was brought on Jencks' 
account and not Mr. Browne's. Sworn in court, June 29, 1658. 

Jonathan Hudson of Lynn testified that Senior Jencks hired 
him to carry him forty bushels of malt from Mr. Browne's of 
Salem. He went to Mr. Browne's with his team, and Mr. Browne 
delivered him the malt for Goodman Jencks. Deponent told 
Jencks that Mr. Browne might pay him for bringing it, and Jencks 
sent a note by his boy to Mr. Browne to pay deponent, and also for a 
jar of oil ; nothing was said of Oliver Purchis. Sworn in court, 
June 29, 1658. 

*Writ, dated, 24 : 4 : 1658 ; signed by Hillyard Veren, H for the 
court ; and served by Samuell Archard, || deputy marshal. 

tWrit, dated, 18: 4: 1658; signed by Hillyard Veren,|| for the 
court; and served by Samuel Archard, sr.,|| marshal's deputy. 

I Inventory, taken 30 : 4 : 1658 : In the hands of Capt. The. 
Clerk, 71i. 14s. 2d. Signed by Ezekiel Wathen, || who swore in court, 
June 30, 1658, that this was all the estate of his kinsman, Thomas 
Wathen. 

§ Inventory, dated, 29 : 3 : 1658, taken by Thomas Hewlett, || 
Frances Pabody, || Eichod (his mark) Huten and Abraham Keding- 

II Autograph. 
lot Topsfield. 



1658] RECORDS AND FILES 99 

Amount, 30011. 14s. Debts, 15611. 9s. The widow, Jane Buncker, 
appointed administratrix ; and the estate to be divided among said 
widow, son William Buncker, Elizabeth Buncker, Mary Buncker, 
Ann Buncker and Martha Buncker, all under twenty-one years of age. 

Oliver Purchase, Henry Lennord and Eichard Blood discharged.* 

" William Brend wUllam Lutherway examyned why & w* they 
came Into these p*^ to seek a godly seed the lord god s'* pase away 
to New England." 

Good. Bishop deposed that WUllam Brand was at Larence 
Suthlcke's house two or three hours. 

John Hathorne's license to draw wine, beer, etc., renewed for 
one year. 

Theophllus Wilson, constable v. Job Bishop. Appealed.! 



ton : t For working Catll, 3611. ; Cowes hef ors and Caves, 1611. ; 
One Ewe and two Lambs, 211. ; a Cart and plowes and tackling, 
311. ; swine, 211. ; gune and sword, 211. ; bras and pouter, 311. ; tabul 
and Chares and trayes, tubes and barlls, 211. 3s.; Cowes pelt sklnes 
and wheeles, a Rop and bandalers, 211. ; bedlng and llnan and 
wolan and thirteen pound Coten wol, 811, ; waring Clothing, 311. 
6s.; the Crop of Corne upon the ground, 911.; dets due to him 
upon bll, 411. lis. ; housln and land as namll medo and uplande, 
the farme Consisting of thre hondered and twelve acres more or 
les, there be more drlblin detes that do not yet apere what tha are ; 
By John Andros, 411. ; by Frances Vsselton, 311. 14s. ; total, 30011. 
14s. The estate Is debt to severall psons following : To Mr. Tuttle 
as by bill & otherwise, 911. 18s. 2d. ; Mr. Joseph Jult, 211. 8d. ; 
Capt. Pendleton, 8011. ; Wlllm. Howard, by bill, 2411. ; to the wor- 
shlpfull Mr. Bradstreet, 22 bushlls wheat, 411. 15s. ; Mr. Kobert 
Payne, 211. 2s. 7d. ; Goodman Moulton, 30s. 9d. & Robt. Andrew, 
14s. 4d., 211. OS. 4d. ; Mr. Curwin, 1211. lis. ; Robt. Stiles, 611., 
Robt. Pearse, 10s., 611. 10s. ; Mr. Purklngs, 50s. and Goodman 
Gouldsmyth, 18s., 311. 8s. ; Mr. Wlllm. Payne, 411. ; Thomas Rootes, 
211. 14s. lOd. ; Richard Raymend, 20s. & Goody Graf ten, 24s., 44s. ; 
total, 15811. 13s. 4d. 

Elizabeth Bunker was twelve years old ; Will., ten years old ; 
Mary, six ; An, four ; and Martha, one year and a half. 

*Presented, 25 : 9 : 1657, for violently taking away a parcel of 
iron from the officer who had attached It. Wit : Danlell Salmon 
and John Hathorn of Lynn. 

tAt Ipswich court. Mar. 30, 1658, Theophllus WUlson, consta- 
ble V. Job Bishop. Appeal from a judgment given by Mr. Sam- 
uell Symonds, Mar. 29, 1658. Transferred to Salem court. Found 

JAutograph. 



100 SALEM QUARTERLY COURT [June 

Thomas Bisliop surety that his brother Job Bishop prosecute 
his appeal. 

George Norton licensed to keep an ordinary upon the road 
where he dwells, and to sell strong waters to travelers. 

Mordicha Creford fined 40s. for excessive selling of cloth.* 

Modicha Creford fined for his wife's misdemeanor toward Joseph 
Myles. 

Joseph Myles fined for his misdemeanor toward Modicha 
Creford. 

Ipswich people, considering one ordinary not enough there, peti- 
tioned that Corporal Andrews be licensed to keep an ordinary for the 
entertainment of strangers till next court at Ipswich and no 
longer. Granted, and he was given liberty to sell wine and beer 
to townsmen out of doors. 

John Suthick's wife fined for absence from meeting six 
Sabbaths. 

Frances Johnson of Marblehead had his license to sell wine 
renewed for one year. 

Mr. William Browne of Salem appointed administrator of the 
estate of William White of Salem, deceased sometime since at 
Vnkaway. 

William Canterbery fined for beating Goodwife Rowdding. 

John Rowden, for his wife's offence, fined and bound for her 
good behavior, t 

William Canterbery and John Eowden were bound to good 
behavior. 



for plaintiff. Certified copy of record by Robert Lord.t clerk 
22 : 4 : 1658. 

♦Presented, 25 : 9 : 1657, for oppression in selling a piece of 
kearsey and two pair of stockings to Joseph Miles, at excessive 
prices. Wit : Phillip Crumell and Joseph Miles of Salem. Sum- 
mons served by James Underwood,J constable, 1:2: 1658. 

fRebbecca Cantlebery, aged twenty years, deposed that the day 
her father went to tell John Rouden's wife of her swine that were 
in his pease, a short time after, she came in an insulting manner and 
bade them prove them to be her swine ; whereupon deponent went 
and caught one of them and held it by the leg, her father standing 
by. Rouden's wife took up a stone of two or three pound weight 
and threw it with such force that if deponent had not fallen down, 
"it myght haue spoyld me." Deponent further testified that she heard 

^Autograph. 



1658] RECORDS AND FILES 101 

John Ossgood confirmed as sergeant of the military company at 
Andover. 

Alice Chichester to be severely whipped for uncleanness. 

Mr. Jerimy Hubard discharged. 

Wenuam discharged, the way being mended.* 

Gregory Castle fined for fighting. Wit : Math. Nixon. Chris- 
topher Codner promised to pay the fine. 

Mordecha Creford admonished. 

Hanah, wife of Nehemiah Howard, presented for suspicion of 
uncleanness, being delivered of a child about thirty-two weeks 
after marriage, was discharged. Wit : Willi. Dixcy and his wife. 

"Memord Nicolas Phelps wife abused John Smith." 

Henry Herrick freed from training, fine being partly remitted. 

Hillyard Verren appointed clerk of the court for Salem.f 



said Rowden's wife call her father rogue, whelp and toad ; and when 
her father was at work in his own ground she had seen her sling 
stones at him with great violence, and they no sooner let their cattle 
out of their yard but she was either hunting them with her dogs or 
striking them with great sticks. 

Thomas Goldthwit testified that he saw Goody Rowden violent- 
ly oppose William Canterbury, and she did strike his oxen with a 
stick in her hand in the common field, Jan. 10, 1657. 

Elisabeth Walkut deposed that she, being sent on an errand to 
Goodwif e Cantlebery, found her abroad in her lot ; the latter told 
deponent that her husband was gone to give Goodwife Rowden 
notice of her swine that were then in his pease. Goodwife 
Cantlebery, standing upon a tree, called deponent to her to behold 
how Goodwife Rouden beat her husband. She saw Goodwife 
Rouden following Goodman Cantlebery towards the fence with 
both her hands upon him divers times, thrusting him out of her 
ground and throwing things at him. Sworn, 6 : 11 : 1657, before 
Wm. Hathorne.t 

*Presented, 25 : 9 : 1657, for an insufficient highway where their 
mill formerly stood. Wit : Robert Gouings and Thomas White 
of Wen ham. 

Robert Gowing of Wanham, who was kept from court by illness 
in his family, deposed that upon the place where sometimes the 
mill was, he apprehended that the foot way was inconvenient and 
unsafe for travelers on foot ; dated, last of the eighth month. 
t" 29*^ 4th : 58 

" To the WorshipfuU Court now assembled at Salem 

" We whose names are subscribed hauinge considered that this 

JAutograph. 



102 SALEM QUARTERLY COURT [June 

Salem discharged of its presentment.* 

Major Hathorne appointed to marry, take testimony, etc. 

Willf and inventory! of Thomas Scuddard brought in. 

Court is at present destitute of a Clarke by Reason he that was 
last chosen therevnto is now remoued to the eastward are bold to 
present Hilliard Veren unto yo"^ worshipps consideration as one 
whom wee conceiue meete for that place he beinge at present Clarke 
of the writts here and his calinge beinge such as doth ocasion his 
abode at whom also he beinge one that for his integritie we can 
confide in and doubt not but if yo' worshipps shall see meete to 
make tryall of him he will giue good satisfaction 

"John Gedney§ 
" Richard Prince § 
" Jacob Barney § 
" Thorns Gardner§ 
" Rich. More§ 
" Moses Mavericke§ 
" Henry Bartholmew."§ 
*Presented, 25 : 9 : 1657, for an insufficient pound. Wit : John 
Simons and William Kinge of Salem. 

tWill of Thomas Scudder of Salem, dated, Sept. 30, 1657, was 
proved June 29, 1658, by Richard Watters and Capt. William 
Traske. He bequeathed to " my welbeloved wiffe Elizabeth Scud- 
der, dureinge her life, all my worldly goodes, & estate whatsoever, 
of houses, landes, Cattle, & all moveable goodes, & vsentles of what 
kind soever, & all personall estate whatsoever & I doe allso ordeine, 
& make, & appoint her my said Wiffe, my full, & sole Execatrixe 
after my death onely my desire is that after her death, what shee 
shall leave, of any of my foresaid personall estate, it shalbe de- 
vided amongst my Children, John Scudder, & Thomas Scudder, & 
Hennry Scudder, & Elizabeth Barthelmew, And Thomas Scudder 
my Grandchilde, the sonne of my sonne William Scudder desesed, 
& my mynde & will is, that all such estate, as my said wiffe ElizEi- 
beth Scudder shall leave after her death, shallbe valewed, & 
equally devided to my said Children, & Grandchild, & my said 
Grandchild to have as much as any one of them. Neverthelesse, 
one Cowe, which I formerlye gave my said wiffe, I doe in noe wise 
dispose of, butt leaue itt wholly to my said wiffe to dispose of itt, 
as shee shall thinke good." Thomas (his mark) Scudder. || Wit: 
Richard Water,§ Wilom Traske, § Joseph (his mark) Boyse and 
Thomas Deutch.§ 

^Inventory of estate of Thomas Scudder, deceased, 1657, taken 
by Thoms Gardner § and Joseph (his mark) Boys, and sworn to by 

§Autograph. 
II Seal. 



1658] RECORDS AND FILES 103 

James Vnderwood fined.* 

Alister Grimes of Lyun fined for resisting the constable, and 
John Smith fined for not assisting the constable, Mar. 16, 1658. 

Laurance Suthwicke, Josias Suthwick, and Edward Harnett, sr., 
fined, 8:1: 1657, for absence from meeting. 

On 10 : 3 : 1658, Lanrance Suthwick, Josiah Suthwick, Casander 
Suthwicke and Samuell Shaddock fined for absence from meeting. 

Anthony Needum's wife, John Suthwick's wife and John Smale 
fined for absence from meeting. 

Disorderly meeting at the house of one Nicolas Phelps^ of Salem 
on the Lord's day in time of the public worship. William Brend^ and 
William Lederay,* professed Quakers, were present, but who then 
made an escape, were apprehended and brought to Salem, acknow- 
ledged that they were Quakers, and they were sent to the house of 
correction. The court sent for Nicolas Phelps,^ Larence Suthwick^ 
and his wife,* Josiah Suthwick,* John Suthwick,3 Daniell Suth- 
wick,3 Provided Suthwicke,3 Samuell Shaddock,* Joseph Pope,3 
Anthony Xeeddam,3 Ed. Wharton,3 Samuell Gaskin,* the wife of 
Henry Traske,3 wife of Robert Bufl:am,3 and his son, Joseph 
Buffum,* Tho. Brockett3 and John Hill.3 Many came into court 
with their hats on, and stood with them on, until the officer pulled 
them off. At the meeting were, also, Nicolas Phelps' wife, Henry 
Traske, Georg Gardner's wife, Robert Adams, and Joseph Pope's 
wife, who did not appear. These were continued to next court. 
Anthony Needum's wife, for absence five days from meeting, was 
fined. Those persons whose names are marked (^ ) confessed them- 

his widow, Elizabeth (her mark) Scudder : His house & orchyard, 
201i. ; three Oxen, loli. ; three Cowes, 91i. ; foure sheepe & a lambe, 
71i. ; two swine, Hi. ; Axes & other tooles, Hi. ; hempe, 5s. 4d. ; two 
Iron Potts, 10s. ; foure brasse kettles, 21i. 10s. ; two brasse panns & 
foure skillets, Hi. 2s. ; two spitts, one pott hanger, fire pan, & 
tonges, one gridiron, one drippinge pan, 14s. ; Pewter, 21i. 3s. ; one 
feather bed & bolster & 2 pillowes, 41i. ; one bed Coveringe & two 
blancketts. Hi. 8s. ; two paire of sheetes, one pillowe, six napkins, 
21i. ; one bedd & bolster, Hi. ; three sheetes, 10s. ; his wearinge 
apparrell, 31i. ; two Cushins & three Curteins, 12s. ; two Chests & 
two boxes, 17s. ; one barrell with tallowe, 17s. ; Tubbe & pales, 
10s. ; other Lumber, 10s. ; total, 731i. 8s. 4d. 

*Presented for defaming Hanah Howard, insinuating improper 
relations with Mr. Jeremiah Hubberd. Wit : Mary Golt and Katha- 
rine Rootes. 



104 SALEM QUARTERLY COURT [June 

selves to be Quakers and were fined ; those marked (^) confessed 
themselves to be Quakers and were sent to the house of correction ; 
and those marked (3) repented and were released.* 

*" The names of psons Conuented togeather the lords day 
beeinge 4*** 5 : 1658 at the hoose of Lawr : Southwick : vidz : 

" Tho : Brocket 
" Jn^ Small 
" Dan : South wicke 
" the wife of Jno : Smith 
" the Daughter of Robt Buffum 
« Nich Phelps wife 
" Isack Page wife 
" Sam* Shattocks wife 
" Jn° Southwick wife 
" Anto : Nedhams wife 
" Hen Traske wife 
" Puided Southwick" 
" At a priuate meetinge last lords day aprehended these psons 
foUowinge 

"Nicolas Phelps 
"Thomas Brocket 
"Daniel Suthwicke 
" the wife of Sam* Shattock 
" the wife of Isacke Page 
" the wife of Anthony Needham 
" Daniel Suthwicke 
"Prouided Suthwicke" 
" The Court being informed of a disorderly meeting of certaine 
suspected psons att the howse of oue Nicholas Phelps of Salem, on 
the last Lord Day in tyme of Publique wor'p, amongst whom there 
were two strangers willm Brend & will Ledray pfeffed Quakers, 
whoe then made an escape but afterwards were app'"hended brought 
to Salem examined by the Court & owneing themselues to be such 
were sent to the howse of Correccon according to Lawe, the Court 
also sent for the rest viz, Nich. Phelps, Laurence Southwicke & 
his wife Josiah Southwicke, John Southwicke, Daniel Southwicke, 
Provided Southwicke, Samuel Shaddock, Joseph Pope, Anthony 
Needham, Edw. Wharton, Samuel Gaskin || the wife || of Henry 
Trask, the wife of Robb Buffam & his son Joseph Bulfam Tho. 
Brockett, John Hill whoe comeing before the Court many of them 
w*** their hatts on, & soe standing till by the Officer they were 
pulled of. after examinacon & conviccon the Court then pceeded 
Nich. Phelps att whose house the meeting was held, was fyned 40^ 
Laurence Southwicke & his wife & Josiah Southwicke whoe for- 
merly had bene the howse of Correccon & still owneing them- 
selues to be of that psession resent to the howse of correccon , 



1658] RECOKDS AND FILES 105 

Court held at Salem, 20 : 5 : 1658, by adjournment. 
Present: Worshipful Mr. Symond Broadstreet, Maj.-Gen. 



Samuel Shaddocke Joseph Buffam Samuel Gaskin || obstinatly || 
owning themseves to be such as are called Quakers, were likewise 
sent to the howse of Correccon, all the rest of them were according 
to Lawe || convicted || of the euill of their wayes & practises. 
Laurence Southwicke & his wife Josiah Soutwicke, Sam" Shaddock 
the wife of Anthony Needham & the wife of John Southwicke, 
who haue formly bene convicted for absenting themselues from the 
publ wor^p & service of god were nowe, each of them convicted for 
5. dayes absence from the publ meeting on the Lords Day || since 
their form"" conviccon || for w''^ they would render noe iust ace* & 
therefor the Court declared they were to pay 25^ a peece for their s"^ 
offence 

"attthes*^ meeting there was besydes theis meuconed Nich. 
Phelps his wife Henry Traske, the wife of Georg Gardn"^ Robt 
Adams & the wife of Joseph Pope, whoe not appearing, are to be 
pceeded w*^ att the next Sessions of this Court & accordingly the 
Clerk is to send out pees for their appearance 

" It is also found that the wife of Anthony Needham hath ab- 
sented herself e 5. dayes the publ meeting on the Lords day 

since her last conviccon Court declared that according to 

Lawe II she is |1 to for her s^ offence" 

«' the 22 . 8 . 57 
" We hose names ar under written beinge apointed by the too 
Tonnes to lay out a cuntrie way be twine the too Townes Salem 
& Topsfeld we began vpon John Porters farme acordinge as the 
trees ar marked and so alonge vpon Daniell Rayes farme too pole 
brod and so thoroh the woods to a farme of John Porters wich was 
formerly m^ Kenistones and so thoroh the woods to a farme of 
John Porters wich was formerly m'" Dounings and so thoroh the 
woods to the Eever against Gudman Tonnes house and this we 
have don accordinge to our best descresion 

« John Porter* 
«' William dodge* 
" Thomas Borman* 
" frances pabody* 
" This was alowed of by the court (as it is layd out) held at 
Salem 29th of June 1658 Robert Lord cleric" 

List of presentments, dated, last: 4: 1658, and signed by 
Thomas Laughton,* in the name of the rest of the jurors. 

Richard Gardener, John Kitchin and his wife, John Hill's wife, 
and Richard Sibsley's wife, all of Salem, presented for frequently 
absenting themselves from the public preaching of the word of 
Ood upon the Lord's day. Wit : Mr. David Kirwithy, Mr. Ed- 
mond Batter, Phillip Verrin and Henry Renhols. 

♦Autograph. 



106 SALEM QUARTEELY COURT [July 

Danyell Denyson, Maj. William Hauthorn and Mr. William Hub- 
burd. 

The marshal was ordered to pay Henry Scerry, sr., constable in 
Ruben Guppy's matter, as soon as the money was obtained of 
Guppy. 

Alee Chichester's charge at the time of her abode in Salem, for 
maintenance of herself and child, to be paid three-fourths by 
Salem and one-fourth by Marblehead. 

Joseph Armytage fined for rashly swearing four times in one 
evening, saying, " I vow to God," and for threatening speeches to 
George Keiser. The latter allowed six shillings for his own and 
two other witness fees.* 

Anthony Needom's wife and Joseph Pope's wife fined for being 
at a disorderly and offensive Quaking meeting. 

John Southwick, Eichard Gardener's wife, John Smale and 
Robert Buffam's wife fined for absence from meeting. 

Nicolas Phelps and his wife and Henry Traske fined for being at 
a Quaking meeting and absence from public worship. 

Henry Traske's wife to pay costs for her first offence. 

Danyell Sothwick fined for being twice at a Quaker meeting, and 
to pay costs for absence from meeting. 

Provided Sothwick fined for absence from meeting and for being 
present at two Quaker meetings ; also to be set by the heels in the 
stocks an hour for calling the court persecutors. 

Thomas Brakett fined for being twice at a disorderly Quaking 
meeting and absence from meeting. 

George Gardener's wife, Samuell Shaddock's wife and Isaac 
Page's wife to pay costs for being at disorderly Quaking meetings 
and absence from meeting. f 

Abraham Whiteere sworn constable for Manchester. 

*He was of Lynn, and presented for rashly swearing three or 
four times in one evening, saying " I vow to God." Wit : Bray 
Wilkins and George Keasser. Summoned to court by Thomas 
Newhall, | constable, 5:5: 1658. 

tWarrant to summon many accused of absence from meeting, 
being professed Quakers, etc., to answer at court. Wit : Mr. David 
Corwithy, Mr. Edmond Batter, Phillip Veren and Henry Rennolds, 
signed by Hilly ard Veren,$ clerk, 5: 5: 1658; served by James 
Underwood, J constable of Salem. 

JAutograph. 



1658] RECORDS AND FILES 107 

John Garven, Goodman Gigle's servant, fined for abusing Rich- 
ard Midleton, servant to John Puttman, by smiting him violently 
with a stick.* 

John Norman fined for abusive speeches, etc., to Abraham 
Whiteer, who was appointed to receive pay for masts cut and 
carried away from the town of Manchester. Norman objected to 
paying, and turned the mast upon Whiteere's leg, breaking the 
skin and shedding blood. Also, for saying that Whiteer should 
knock another boy in the head to get money.t 

Robert Adams to pay costs for being at a disorderly Quaking 
meeting at Nicolas Phelps' house. 

John Smith's wife and Edward Wharton to pay costs for 
absence from meeting, the former having been at a Quaking 
meeting. 

Nicolas Phelps' wife to pay costs of court for being at a Quak- 
ing meeting and absence from meeting, and to be admonished for 
abusing John Smith, as he was assisting the constable. 

Nicolas Phelps fined for defending a Quaker's writing, and sent 
to the house of correction at Ipswich for an indefinite time for 
confessing himself a Quaker. 

Abraham Warren of Salem presented for violently withstand- 
ing John Bachelor on the latter's ground, attempting to drive back 
the cattle feeding there. Warren went to his own house and re- 
turned with his naked sword in his hand, saying that he would 
then stop them. J 



*Wit : Nathaniell Putnam and Joseph Huchenson. Summons 
served by James Underwood, § constable of Salem. 

t John Norman was of Manchester, and cut the mast from the 
town common. Wit : Henry Lee, Samuell Walton and Abraham 
Whithaire. Summons served by James Standish,§ constable of 
Manchester. 

John Harris and Nathaniel Walton testified that Abraham 
Whiteheare demanded of John Norman pay for masts, which he 
had drawn down to the water's side, and Whitheare sat down upon 
the top of the mast. Norman told the men to throw the mast upon 
Whiteheare if he would not get up, which they did, and told him 
to go knock another boy in the head to get more money. Sworn 
before Daniel Denison,§ July 20, 1658. 

J Wit : John Bachilor, aged about forty-seven years, and Michael 
Cresse, aged about thirty years, who deposed. 

§Autograph. 



108 SALEM QUARTERLY COURT [J^lj 

John Dixy to answer Mr. Edmond Batter for saying that he paid 
ten shillings to Mr. Moore for telling a lie.* 

Phillip Veren and Mr. Corwithy allowed witness fees. 

Servants of the house to have 7s. 6d. 

Keat, Goodman Rumbl's negro, to be severely whipped for 
uncleanness.f 

Will J of James Patch, deceased, proved, 8:7: 1658, and his 

Bill of charges of John Bachilor. 

Summons served by Rogger Heskell,§ constable of Bass River 
side, Salem. 

*Joshua Turland, aged about twenty-three years, deposed that 
John Dixie said to Samll. Morgan and himself, " Do you not heare 
what newes from Court : Mr. Batter pd ten shillings in money to 
Rich. More for tellinge of a ly," etc. Samuell Morgen deposed the 
same. Both sworn in court before Hilliard Veren,§ cleric. 

fKatharine, the negro servant of Daniel Rumbole, presented for 
uncleanness. 

J Will of James Patch, dated, Aug. 7, 1658, was proved, 1:9: 
1658. He bequeathed to " my beloved wife Hannah Patch, my 
house and lands, orchard, and all appertay nances of it, belonging 
to my home grouudes, together with that parcell of meadow. Lay- 
ing near Rich. Dodges, as allso two Cowes, together with ten acres 
of Rockey land laying on the east side of the home lott, For wood : 
as also all the household stuffe, in the house for the competent 
bringing up of the children. I give and bequeath unto my Son 
James Patch, all my part of the Farme (called Knights farme) 
both vpland & meadow, all my right there be it more or lesse : 
together with the two youngest Oxen, and the horse. I doe nextly 
Give and bequeath vnto my Daughter Mary Patch y" two oxen that 
are oldest ; togeth' with one Cow, and allso ten acres of vpland, 
Laying neare Sawyers Playne. 

"Vnto ray Daughter Elizabeth Patch I give and bequeath by will, 
my two middle Oxen, as also one Cow, together with twenty acres 
of vpland laying by the Land, called Eastyes land, and Joyneing 
next vnto the sayd land. I doe also by my will appoint my Be- 
loved wife Hanna Patch to be my lawf ull exsequitrix, to administer 
vpon my estate to Receive my dues, to discharge all debts, of mine ; 
with the remainder of my estate, Corne Cattell or other goods, 
whare belongeing vnto me. Farther more I doe by will Constitute 
and ordayne & appoint ray two Brothers, viz. Nicholas Woodberry 
& John Patch, to be overseers of this my last will; and to act and 
Doe in reference vnto my Estate, wife & children, as overseers & 
Feofeyes of trust accord, to Law & reason vse to doe •" James 
Patch.§ Wit : Tho Lowthropp§ and John Hill.§ 

§Autograph. 



1658] RECOBDS AND FILES 109 

■wife, Hannah, appointed executrix. Inventory* amounted to 2501i. 
16s. 



♦Inventory taken, 27 : 6 : 1658, by Richard (his mark) Bracken- 
bury, John Thorndike,t Zabulon Hillf and John Hillf : One dwell- 
ing house & barne, one orchyard & 5 akers of land improued, 501i. ; 
4 akers of Indyan Corne, 81i. ; 10 akers of land Rockey, 21i. ; 3 
akers of meadow, 91i. ; 10 akers of land nere Sawyers plain, lOli. ; 
20 akers of land nere Eastyes lot, lOli. ; one third part of knights 
his farme, 201i. ; 6 oxen, one payr, 131i., the next, 121i., the worst, 
llli., 361i. ; one horse, 121i. ; one young Colte, 41i. ; 4 Cowes, 121i. ; 
one yearing & 2 Calfes, 31i. ; one ewe, one weather, one Rame, one 
Lambe, 31i. ; 2 hogges & 4 smal pigges, 31i.; one third part of a 
shalop, lOli. ; 7 barrills & better of mackeril, 9Ii. ; one waggon, 1 pr. 
of wheels, 2 plowes & plowtackle, 51i. ; axes & workeing tooles. Hi. ; 
2 musketts & bandeliers, 1 fowleing piece & sword, 31i. ; 2 bedds, 
bedclothes, sheets. Curtain & aperteinanses, 141i. ; wearing aparaile, 
llli. ; 1 yard of broad Cloth & 2 yds of peniston, Hi. ; 2 Iron potts, 
1 kettle, potthookes, Rackes & 3 Iron wedges, Hi. 12s. ; 2 brasse 
kettles, 3 skellitts, warming pan & Skimer, 2Ii. ; 1 lanthorne besides 
pewter, lattin ware, smoothing Iron, hourglasse, portingale ware, 
morter & pestill, Hi. ; 2 Chests, 2 boxes, 1 wheele & woodden ware, 
21i. ; 12 pound of Gotten wooll, 12 pound of flax, 12 pound Linen 
& 8 pound of Cotten yarne, 41i. 4s. ; 1 Doung forke, howes, 1 payr 
of Cardes & frying pan, Hi. ; English corne & flax undrest, 31i. ; 
total, 25011. 16s. 

Summons to draw trial jurors from Salem, and summon grand- 
jurymen ; to summon Thomas Aver}'^ and Samuell Shaddock for 
absenting themselves from public worship ; town of Salem for in- 
sufliciency of the highway between Lynn and Ipswich near Tho. 
James' house and insufficiency of the pound ; and witnesses, Jno. 
Ruck, George Norton, Sam. Archard, Jno. Simones and Wm. 
King ; dated, 1:2: 1658 ; signed by Elias Stileman,t clerk; served 
by James Underwood,t constable. 

Summons to draw trial jurors from Lynn, and summon grand- 
jurymen ; to summon Mr. Olliver Purchass, Henry Leanord and 
Richard Blood to answer presentment for taking iron away from 
the officer after he had attached it ; and witnesses, Dan. Salmon 
and Jno. Hathorne; dated, 1:2: 1658 ; signed by Elias Stjleman,t 
clerk. Drew for trial jurymen : Ensign Spencer, Sargent Deacon, 
Edward Richards, Henry Silsbee and Robert Rand ; and for the 
new constables, Richard Rootone and Thomas Newell, jr. Served 
by Richard Blood,t constable. 

Venire, to constable of Gloster, to draw a trial juryman, and to 
summon grandjurymen ; dated, 1:2: 1658 ; signed by Elias Stile- 
man,! clerk; served by Robbert Elwell.f Richard Window was 
chosen trial juryman, and John Davis, grandjuryman; the latter 

tAutograph. 



110 SALEM QUAETERLY COURT [July 

chosen by reason of some weakness in the family of the old grand- 
juryman, his wife being sick. 

Venire, to constable of Wenham, to draw trial juryman and 
grandjuryman ; dated, 1:2: 1658 ; signed by Elias Stjleman,* clerk. 
Wit : Kobt. Gouwin and Tho. White. Austin Killam drawn grand- 
juryman, and Richard Kemball for trial juryman. 
" This to y® Magestrats in Court at Salem 

•' Friends wharas it was you' pleasures to Commit vs whose 
names are vndar written, to y® house of Corection in Boston, though 
y® lord y® Righteous Judge is o"^ wittnes y* we had don nothing 
worthy of stripes or bonds, & we being Comited by order from y* 
Court, to be delte with all as y® law puids for foriane Quakers as 
yo"^ please to call us. & hauing some of vs sufared you"" law & 
pleasurs. now y* w"^^ we doe expect is. y* wharas we haue sufared 
y® law, so now to be set free by y® same law (if yo^ act by a law) 
as you manar is w^" strangars, & not to put vs vpon y® acount of 
one law, & execute another law vpon vs. of w<"^ acording to you'' 
one manar we ware neuer Conuicted of. then as y® law express, if 
yo^ had sent vs vpon y^ account of y® new law. we should then 
haue expected y® Gailors ordars to haue bin vpon y*^ account, w'^'* 
y* it was not appeares by y® worant w''^ we haue & y® punishment 
w*'^ we beare, as four of vs w'''* was whipt. amongst whome was 
Casandra Suthick who had formerly bin whipt & now allso acord- 
ing to you"" formar law ; Freinds let it not be a smal thing in you' 
Eyes, y® Expossing as much as in yo"^ lyeth our famelies to Ruin, 
its not vnknowe to yo^ y® season & time of y® yeare. for those y* 
line of husbandry, & what thare Cattal & famelies may be exposed 
vnto. & allso such as lines on trade, we know if y® spirit of 
Christ did dwell & Rale in you these things would take impression 
vpon you' harts, w*^ o' Hues & conuersations haue bin in y* place 
is well knowne, & what w® now suf ar for is much from falce Reports 
& vngrounded Jealousie of heresie & sedition, these things lyes 
vpon vs to lay before yo^ ; as for o' parts we haue trew peace & 
Rest in y^ Lord, in all ou' sufarings, and are made willing in y« 
powar and strength of god freely to ofar vp o' liues in this cause 
of god, for w*^'' we sufar, yea & we doe find through grace, y^ in- 
largments of god in o' imprisoned estate to whome alone we Comit 
o'selues & families, for y® disposing of vs acording to his infinite 
wisdome & pleasure in whose loue is o' Rest & life 

" Lawrance Suthick 
" Cassandra Suthick 
" Josiah Suthick 
« Sam" Shattock 
*' Joshua Buffum 
» From y^ house of bondage in boston whar in we are made Cap- 
tiues by y* will of men although in measure made free by y* Son 
ioh : 8. 36 in w«^ we Quietly Rest this 16"> 5^^ mo. 1658." 

•Autograph. 



1658] RECORDS AND FILES 111 

Court held at Ipswich, 28 : 7 : 1658. 

Judges : Mr. Symon Brodstreet, Mr. Samuell Symonds, Major- 
General Denison, Mr. William Hubbart and Major Hathorne. 

Grand jury : Serg. Rich. Jacob, Willim. Addams, sr., Dan. War- 
ner, Tho. Emerson, Tho. Harte, Fran. Plumer, Abell Huse, Rich. 
Petingall, John Pickard, Sam. Brocklebanke, John Tode, Robert 
Andrews and George Abbott. 

Jury of trials : Georg Giddings, Tho. Prench, Hump. Vinsent, 
James How, Will. Wyld, John Gage, John Knight, John Poore, 
Will. Assye, James Barker, John Palmer and Isaacke Comings. 

John Ossgood and Andrew Allen of Andover and Tho. Hale of 
Newbury made free. 

Mr. Edward Woodman of Newbury allowed to marry and 
administrator oaths. 

Civil cases : — 

John Hakes v. Mr. Joseph Cooke. For taking away a young 
mare. Verdict for defendant.* 



*Edward Collinsf affirmed concerning the mare colt in contro- 
versy that he believed that the colt Mr. Cook brought from Isack 
Harte of Redding was the same that deponent sold him about two 
years since with its dam ; his servants affirmed the same. Dated 
at Medford, Sept. 26, 1658. 

Isack Harte, aged about forty years, deposed that the colt be- 
longed to John Hauks of Lynn, and the latter had given it to said 
Harte to keep. Dated, 29: 1: 1658, and sworn before Edward 
Johnson, commissioner of Woburn. Copy made by Robert Lord,t 
cleric. 

Thomas Hutchson testified that his father-in-law, Addam Hakes, 
gave this colt to his son, John Hakes. Sworn in Ipswich court, 
Mar. 30, 1658. Copy made by Robert Lord,t clerk. 

At court at Cambridge, Apr. 6, 1658, Mr. Joseph Cooke of 
Cambridge v. Isaake Hart of Redding. Case about a stray colt. 
Verdict for plaintiff. Copy of record. 

Writ, dated, Mar. 20, 1658 ; signed by Willm. Cowdrey, for the 
court ; and served by Thos. Hartshorne, constable, who attached the 
black colt, house, orchard and two acres of land adjoining. Copy 
made by Thomas Danforth,t recorder. 

Copies of the following depositions on file in Cambridge court : 
Jno. Goold, aged forty-seven years, testified that Isacke Hart came 
to his house and laid claim to a black mare colt of Solomon Phips 
of Charl Towne, which was with Mr. Shepard's mare. He had 

tAutograph. 



112 IPSWICH QUARTERLY COURT [Sept. 

Mr. Robert Payne v. Richard Shatswell. Debt. Verdict for 
plaintiff. 



seen Harte's mare with Farmer Greene's horses. Mr. Goold's man 
was Thomas Geerish, aged eighteen years. 

Jno. Browne, aged twenty-seven years, testified that Isaacke Hart 
said that the colt was in partnership between Jno. Hawkes of 
Linne and himself, and he bought a half part of his brother, Jno. 
Hawkes ; that at the end of seven years they were to divide the 
increase, and she was brought to Cambridge and the rest of the 
horses were left at Goodman Peirsons' house, which they did, be- 
fore him and his wife and Jno. Dawes. 

Daniel Deane of Misticke, aged twenty-six years, and Thomas 
Brigs, aged twenty-two years, also testified that that colt was 
bought of Edward Collins on Mar. 13, 1657. 

Richard Brush, aged eighteen years, servant of the plaintiff, 
testified that his master and Jno. Browne brought the colt from 
Redding. 

One [Owen?] Swinn, aged sixteen years, and Abraham Howell, 
aged twenty-six years, both servants of the plaintiff, also testified. 
The foregoing depositions were copied by Thomas Danforth,* 
recorder. 

Samuel Hutcheson, aged about forty years, testified that he 
marked John Hawkes' colt, etc. Sworn, 23 : 7 : 1658, before 
Thomas Marshall,* commissioner. 

Gregory Stone of Cambridge, aged about sixty-seven years, tes- 
tified about Mr. Cooke claiming a colt he had in pound, etc. Sworn, 
18 : 7 : 1658, before Richard Russell,* commissioner of Charlstowne. 
Copy of deposition of Addam Hakes, aged about fifty years, 
who testified that this was the colt he gave his son, John Hakes. 
Sworn in Ipswich court, 30 : 1 : 1658. 

John Gould, aged about forty-eight years, also testified. Sworn 
before Thomas Marshall,* commissioner of Lynn. 

Copy of deposition of Elizabeth Hearte, aged about thirty-five 
years, that both she and her husband knew the colt her master 
Cooke had attached, etc. Sworn before Edward Johnson, commis- 
sioner of Wooborne, 26 : 1 : 1657-8. Copy made by Robert Lord,* 
cleric. 

Copy of depositions of Mathew Edwards, aged twenty-five years, 
who testified concerning the marks. Sworn, 30 : 1 : 1658, in Ips- 
wich court. Copy made by Robert Lord,* cleric. 

Copy of deposition of William Eaton, aged about fifty-four 
years, and John Eaton, aged twenty-two years, who testified that 
they ran a hot pitchfork tine through the colt's ear, etc. Sworn, 
Imo : 1658, before Edward Johnson, commissioner of Wooburne. 
Copy made by Robert Lord,* cleric. 

♦Autograph. 



1658] RECORDS AND FILES llB 

Richard Shatswell v. Robert Roberds. Appeal from a judgment 
granted by Major-General Denison, Sept. 17. Verdict for de- 
fendant.* 

Margret Scott, widow v. Richard Shatswell. Trespass. For 
ploughing up her land and felling trees or causing trees to be 
felled on her ground.! 



*Copy of warrant to Richard Shatswel to appear and answer 
complaint of Robert Roberts, for trespass, taking half a load of 
wood off his cart ; dated, Sept. 3, 1658. Appealed. 

Willm. Dellow, aged about thirty years, testified that he saw 
Robert Roberts about loading wood within the common fence, and 
he forbade him, by order of his master Shatswel. Roberts brought 
a warrant, whereupon deponent allowed him to load his cart. 
When Shatswel appeared, he pulled the wood off the cart, etc. 

Thomas Harris, aged about forty years, deposed that he helped 
load the wood, etc. 

John Gage deposed that the tree Roberts cut the wood from 
grew upon the land of Goodman Scott, etc. 

William Dellow and Robt. Punnil, servants of Richard Shatswel, 
also testified. 

Tho. Clarke testified that Shatswel ordered him to fell the trees 
at his farm ; deponent was to have the bark, and Shatswel, the 
remainder. 

Copies of the foregoing depositions made by Daniel Denison. t 

Richard Shatswell 's reasons of appeal. He claimed that what 
he did was upon the land that he and his father had enjoyed un- 
molested for twenty years, etc. 

Robert Roberts' answer. 

tWrit, dated Sept. 23, 1658; signed by Robert Lord,]: for the 
court; and served by Theophilus Wilson. J constable. 

Richard Jacob and John Gage deposed. 

Richard Kemball, jr., deposed that his "uncle Scott chalenged 
the upland downe to the marsh & his son after him, while I lived 
on goodman shatswells farme for the space of seaven years." 
Sworn in Ipswich court, Sept. 28, 1658. 

Theophilus Wilson deposed. Sworn, Sept. 28, 1658. 

William Smith, aged about twenty-six years, deposed that when 
he hired Richard Shatswell's land of Richard Kimball, about six 
years ago, old Goodman Scot showed him the bound stakes, which 
were in the hollow near the east end of the birch swamp and also 
next to Hutley's lot, etc. Sworn in Ipswich court, Sept. 28, 1658. 
Androw Aling. aged about forty years, deposed that, being ser- 
vant to John Shatswell, he mowed the lot from the tree at the point 
of Brodstreet's lot, which now they call Hutlyes ; also all the upland 

JAutograph. 



114 



IPSWICH QUARTERLY COURT 



[Sept. 




PLI\N. 



PLAN FILED WITH fTHE PAPERS IN THE CASE OF MARGARET SCOTT, 
WIDOW, V. RICHARD SHATSWELL. 

The inscription on the original plan reads: "here goodman shechwell 

would Run," 



1658] RECOEDS AND FILES 115 

Eobert Payne, executor to John Ward v. Humphry Griffin. 
Debt, due by bond. Verdict for plaintiff.* 

Mr. Robert Payne v. Humphrey Griffen. Debt on bond. De- 
fendant acknowledged judgment. 

Mr. Symon Brod street v. Thomas Mayhew. Debt. For breach 
of covenant in not paying an annuity and other sums of money, 
expressed in a writing, and for forbearance for divers years. Ver- 
dict for plaintiff; but no judgment entered on account of defend- 
ant being out of this jurisdiction.! 

Mr. Willim. Bartholmew, attorney to Mr. Tho. Potter and Mr. 
Thomas Davis of London v. Capt. John Allen. Debt due by bill. 
Nonsuited. 

Francis Ursellton fined for drunkenness, swearing and cursing. 
Wit : Marke Bachelour, Peeter Whithaire and Willim. Reiner. 
Bound to good behavior. 

Richard Hutton fined five shillings for suffering some to drink 
too much liquor in his house. 

Granted to Daniell Clarke, administration on estate of Andrew 
Creeke. Amount of inventory t was insufficient to pay bills, by 40s. 

to the cove of reeds and all the other coves to the great pond 
between the island and reedy marsh bridge. Sworn in Ipswich 
court. Sept. 28, 1658.§ 

*Writ : Humphrey Griffin of Ipswich, butcher, ordered to appear 
on complaint of Mr. Robert Payne, executor of John Ward of 
Ipswich, chirurgeon ; debt ; signed by Robert Lord ; || and served 
by Theophilus Wilson, II constable, Sept. 23, 1658, by attachment 
of house, barn and corn. 

^'' Bond of Humphrey (his mark) Griffin,1[ dated, Oct. 16, 1652. 
Wit: John Payne|| and Walter (his mark) Roper. 

fWrit, dated, 14 : 7 : 1658; served by attachment of goods in 
the hands of Mr. Hezeciah Usher in Boston, 21 : 7 : 1658, by Rich. 
Wayte, II marshal of Suffolk county. 

^Inventory of estate of Andrew Creeke, appraised by Frances 
Pabody and Robert Andrews of Topsfield, Sept. 17, 1658 : Old 
clothes, Hi. 3s. 6d. ; his sute of better cloths, 21i. 6s.; bannds, 
bandstrings & handkerchers, 13s. 6d. ; a hatt, 13s. 6d. ; a bottle, 
two knives & a spoone, Is. lOd. ; an ax, 2s. ; a shirt, 2s. ; a pott & 
pothookes, 10s. ; abaskett & a paile. Is. ; a rapier & a belt, 16s. ; a 
cowe in Mathy Stanlyes hands, with a yeares rent almost due. 41i. 

§0n file with the evidence in this case is a plan which is reproduced on 
the opposite page, reduced one-half in size each way. 
II Autograph. 
USeal. 



116 IPSWICH QUARTERLY COURT [Sept. 

Richard Moore v. Edward Prescott. Debt. Verdict for plain- 
tiff at last Salem court, but no judgment was entered because it 
was out of that court's jurisdiction. Judgment now granted. 

Court ordered testimony in Mr. Jo. Gifford v. Mr. Hen. Webb 
delivered to Maj. Will. Hathorne to carry to the General Court, 
and return it safe to the clerk of the Salem court. 

Mr. William Bartholmew licensed to sell strong waters for one 
year. 

Cormock Hasseldine admonished for entertaining men's servants. 

Stephen Swett of Newbury had his license to keep an ordinary 
and sell wine renewed for one year. 

Joseph Mussye fined in his presentment, and to pay witness fee 
of Thomas Seers.* 



8s.; dew to him of his wages, 61i. ; a heifers Hyde at the taners, 
7s. 6d. ; 12s. received of Mr. Apleton, 17ii. 17s. 4d. The debts 
wch. the sayd Andrew owed when he dyed wch. doth allreadye 
appeare : Oweing to his master Daniell Clarke when they reckoned 
for his last yeares wages, 'lis.; payd to Mr. Wade for a sute of 
cloths for him, with makeing of them & a paire of stockings, 31i. 
10s. ; a paire of knit stockings & a shirt, 12s. 6d. ; for shoes & 
leather, 6s. 6d. ; payd John Newmarsh his wife for making bands,, 
2s. 4d. ; payd to Goodman Wooddam for him, 2s. ; payd to Mr. 
Willson, Is. & to Deacon Knowlto, 3s., 4s. ; oweing to John Tod, 
wch. Dan. Clarke is engaged for, 21i. 16s. 9d. ; oweing to Mr. Wil- 
liam Payne, 41i. 12s. ; oweing to Mr. Baker, Hi. 18s. ; oweing to 
Tho. Lovell, Hi. 3s. ; oweing to Mr. William Norton, Hi. ; oweing 
to Robert Lord, Is. 6d. ; coffin & wynding sheet & other charges 
for his buryall, Hi. 8s. ; oweing to John Andrews, 12s. 7d. ; oweing 
to Humphry Griffen, 7s. ; for tyme Daniell Clarke spent to bring 
in an Inventory & for entring the order of administration & other 
fees, 9s. ; total, 191i. 16s. 2d. Sworn by Daniell Clarke, 29 : 7 : 
1658, before Robert Lord,t cleric. 

*Thomas Seers deposed that being in the field at work " I heard 
one cry out, not seeing who it was because there was a barne 
between us. I went on purpose to see, and I saw Joseph Mussey 
strike, but did not see y« boy but I heard the boy cry out, you 
Rogue you have crippled mee ; Joseph Mussey did reply it is no 
matter I will give you more by & by. Joseph Mussey did acknowl- 
edged that hee did strike the boy." Sworn, May 6, 1658. 

Jaudush March deposed that " coming to Thomas Seeres his hous 
the last yeer and heering ane out cry a littell way from the plase 
in the lot I went to see what the matter was. I sawe Josef Mozzy 

tAutograph. 



3658] RECORDS AND FILES 117 

Mr. Jonathan Wade v. John Fuller. For testifying upon oath 
that which was not true. Though the court did not find that he 
did speak wittingly untruly, he was admonished for not so warily 
speaking as he should.* 

Moses Pengry was licensed to keep an ordinary and to sell wine 
in Ipswich for a year. 

John Andrews was given liberty to continue his ordinary until 
Mar. 1, next ; the other to provide himself in the mean time. 

Sergeant Belcher confessed that he sold strong water to Ned In- 
dian, three gallons at two times, which was so fusty that the Eng- 
lish would not buy it; further that he let Ned Indian have a pound 
cf powder and shot sufficient to kill some fowl for him while he 
was his servant and lived in his house. Fined. 

Jeremiah Belcher informed that Hugh Gullison sold to Indians 
fifty gallons of strong water, as he was informed by Judith Mendum. 

Joseph Reding was released from ordinary training, paying six 
shillings and eight pence per annum for the use of the company. 



strickeing John Knights servant as hee has heer acknoledged un- 
der his own hand befor 2 witnesses and I see his arme looke 
blacke." Wit : John Knightf and John (his mark) Poore. 

Mary Seers deposed that seeing Josef Muzzy and Williame Nef , 
John Knights' servant, coming down the lot, she heard Nef say, 
" O, you haue broock my arme ;" and she heard Muzzy say he would 
give him some more by and by, and she saw his arm was black. 

*Edmond Bridges, aged about forty-six years, deposed that he 
was present in court when Mr. Wade was questioned for dear sell- 
ing of grindstones and other goods, and he, said deponent, saith he 
heard Richard Brabrook and John Fuller affirm that the grind- 
stones they had bought of said Wade, at 16s. each, did not measure 
more than twenty -two inches. Also Mr. Wade sold the linen cloth 
for 4s. 6d. per yard, and the cotton cloth for 3s. 8d. per yard, 
which John Fuller affirmed that he saw on Mr. Wade's book. 
Sworn in Ipswich court, Sept. 28, 1658. 

Daniell Epps deposed the same, and Goodman Fuller said that 
he could not take his oath about the cotton cloth, " but he was sure 
that his wife and Irish that was at home would take there oath to 
that allsoe." Sworn in Ipswich court, Sept. 28, 1658. 

Jonathan Wade, jr., deposed that concerning the linen cloth in 
question he himself made the price of it when it was cut off and 
delivered to the servant of John Fuller, and deponent set down the 
price in the day book at 4s. per yard, etc. 

Edward Browne and Robert Lord deposed the same. Sworn in 
Ipswich court, Sept. 28, 1658. 

tAutog^raph. 



118 IPSWICH QUARTERLY COURT [Sept. 

Thamar Quilter bound house and land, according to her interest 
in it for her life, to the county treasurer, conditioned to save the 
town of Ipswich from any charge about the child of her daughter 
Mary. 

Samuell Shattuck fined thirty shillings for being at a Quaker 
meeting two Lord's days, and two days' absence from public meeting. 
Confessed. 

Nicolas Phelps fined for a like offence. 

Joshua Buffum fined fifteen shillings for one day's presence at a 
Quaker meeting and one day's absence from public meeting. 

The above three, for persisting still in their course as Quakers, 
were committed to the house of correction, there to be kept until 
they gave security to renounce their opinions or removed themselves 
from the jurisdiction. 

Henry Skerry sworn constable for Salem for this year. 

Edmond Bridges, jr., released from his bond for good behavior. 

Zacheous Goold to be summoned to appear at next court to 
answer complaint of abusive carriages in the meeting house. 

Ordered that such as were bound to secure the town from any 
charges of Hackaliah Bridges' child by Mary Quilter, pay two-fifths 
of what they subscribed in the bond unto the widow Quilter at or 
before February 1st next and they should be discharged of their 
bond, and those who did not should be liable to pay the whole 
amount. 

Administration upon the estate of Susan French, deceased, was 
granted to her son John French. 

Mr. Baker's license was renewed for one year. 

Upon complaint against Mr. Robert Payne ior selling dear, it 
was decided that the letter of the law was broken, but no moral 
evil was intended, and he was fined six shillings and eight pence.* 

*Robert Payne presented 7 mo : 1658, for overcharging in trade. 

Abigail Willson deposed, Sept. 29, 1658. 

Ann Farro, wife of Georg Faro, aged about forty years, deposed 
that she bought a parcel of green cotton of Mr. Robert Payne and 
he told her that the price of it was three shillings eight pence by 
the yard, which she thought was too much for such thin cotton and 
not a yard wide ; and she bought another parcel of red cotton at 
four shillings eight pence per yard, which he told her was the 
price of it. Sworn, Sept. 29, 1658, in Ipswich court. 

Mehitabell Bridges deposed that her father gave her liberty to 



1658] BECORDS AND FILES 119 

Mr. William Bartholmew fined ten shillings for selling dear. 
William Goodhue discharged of complaint against him for tak- 
ing great wages for his son. 

Court allowed five shillings to the house. 

COUKT HELD AT IPSWICH, NoV. 30, 1658. 

Corp. John Andrews acknowledged judgment, before Mr. Symon 
Brodstreet and Major-General Deuison, to James Brading of 
Boston. 

Mathew Whiple, dying intestate, his widow Mary Whipple was 
appointed administratrix, Nov. 30, 1658, by Simon Bradstreet and 
Major-General Denison. 

buy some things of Mr. Robert Payne, who said the linen cloth 
was five shillings per yard, but he could not tell what it would be 
in the future until he had been in the Bay. Sworn in court, Sept. 
29, 1658. 

Mary Dutch, wife of Robert, deposed that her husband, who 
had gone to sea, bought some cloth of Robert Payne before he 
went, and so did the wife of Shore Willson, etc. 

Inquisition upon the body of Nathl. Dummer, 23: 7: 1658 : — 

" we whose names are hereunto subscribed being called to view 
y® dead body of Nathaniell Dummer y® sonne of M"^ Richard Dum- 
mer & having seene & considered y® place of y® river where y® 
sayde childe fell in, and spoken with such as could give any evi- 
dence in the case doe in answer to y® law agree & give it as our ver- 
dict that y® sayde childe above named probably fell out of a canoe 
where he was playing alone, & help being nott at hand it being about 
an howre before y® body was found was then taken up dead," etc. 
Dated, Sept. 23, 1658. Signed by William Bartholmew,* Moses 
Pengry,* Thomas Knoulton,* Thomas Nowell,* Tho. Clarke,* The- 
ophilus Wilson,* John Kendrick,* John Morse,* Robert Whitman,* 
Shoreborne Wilson,* Thomas Lord* and Samuel Williames.* 
Newbury marriages, 1657 : — 

Thomas Hale and Mary Hutchinson, May 26. 

Samuell Moody and Mary Cutting, Nov. 30. 

Newbury births, 1657 : — 
Joshua, son of John Baily, Apr. 20. 
Mary, daughter of Francis Browne, Apr. 15. 
James, son of Nicholas Noyes, May 16. 
Samuell, sou of William Trotter, June 5. 
Daniell, son of Daniell Thurston, July 2. 
Jonathan, son of Christop. Bartlet, July 5. 

•Autograph. 



120 IPSWICH QUARTERLY COURT [NoV. 

Johanna, daughter of James Jackman, June 14. 
Joseph, son of Richard Dole, Aug. 5. 
Sara, daughter of John Woollcut, Aug. 23. 
Elizabeth, daughter of Aquilla Chase, Sept. 13. 
Sara, daughter of Richard Browne, Sept. 7. 
Mary, daughter of John Knight, Sept. 8. 
Mary, daughter of Thomas Seers, Oct. 30. 
Sara, daughter of Robert Savory, Nov. 11. 
Joseph, son of Steven Swet, Nov. 28. 
Thomas, son of John Pike, Dec. 7. 
Mary, daughter of John Bond, Dec. 16. 
Hannah, daughter of Richard Bartlet, Dec. 18. 
Mary, daughter of Tristram Coffin, Nov. 12. 
Jonathan, son of David Wheeler, Jan. 6, 1657. 
Elizabeth, daughter of Nathaniel Weare, Jan. 5, 1657. 
Lidia, daughter of William Titcomb, Feb. 21. 
Silvanus, son of Samuell Plummer, Feb. 22. 
Mary, daughter of Robert Morse, Feb. 25. 

Newbury births, 1658: — 
Thomas, son of Thomas Silver, Mar. 26. 
Frances, daughter of William Sawyer, Mar. 24, 1657-1658. 
Mary, daughter of John Webster, Mar. 29. 
Mary, daughter of Capt. William Gerrish, Apr. 1. 
Moses, son of Edward Richardson, Apr. 4. 
Edward, son of John Poore, Apr. 5. 
Samuell, son of John Allen, Apr. 8. 
Mary, daughter of Francis Tharley, May 14. 
John, son of Hugh March, June 10. 
Noah, son of John Bishop, June 20. 
Elizalaeth, daughter of Elizabeth Preston, June 21. 
Josua, son of Robert Rogers, Aug. 1. 
Abigal, daughter of James Miricke, Sept. 15. 
Mary, daughter of Sollomon Keyes, Sept. 26. 
Bethia, daughter of John Emery, jr., Oct. 15. 
Mary, daughter of John Roafe, Nov. 2. 
Sara, daughter of Samuell Moody, Nov. 16, 
John, son of James Ordway, Nov. 17. 
Hannah, daughter of William Randall, Jan. 7. 
Elizabeth, daughter of Samuel Poore, Jan. 20. 
Joseph, son of Benjamin Swett, Jan. 21. 
Hanna, daughter of Daniel Thurston, Jan. 30. 
Thomas, son Thomas Hale, Feb. 11. 

Newbury deaths : — 
Rebecca Elbridg, Oct. 15, 1657. 
Daniell Thurston, Nov. 3, 1657. 
Mary Webster, May 4, 1658. 
Josua Rogers, Aug. 25, 1658. 



1658] RECORDS AND FILES 121 

Mary Roafe, Dec. 10, 1658. 

Mary, wife of Roger Wheeler, Dec. 27, 1658. 

Mary Morse, Nov. 23, 1658. 

Andover births : — 
Mary Aslet, daughter of John and Rebecka, Apr. 24, 1654. 
Satnuell Eugolls, son of Henry and Mary, Oct. 30, 1654. 
Matthew Pore, daughter of Daniell and Mary, Nov. 4, 1654. 
Daniell Pore, son of Daniell and Mary, Sept. 5, 1656. 
Mary Osgood, daughter of John and Mary, Nov. 27, 1656.^ 
Francis Dane, son of Francis and Elizabeth, Dec. 18, 1656. 
Henry EngoUs, son of Henry and Mary, Dec. 10, 1656. 
John Aslett, son of John and Rebecka, Feb. 16, 1656. 
Mary Parker, daughter of Nathan and Mary, Apr. 14, 1657. 
William Lovejoy, son of John and Mary, Apr. 21, 1657. 
William Abbet, son of Georg and Hanna, Nov. 18, 1657. ^ 
Mercy Barnerd, daughter of Robert and Joane, Apr. 8, 1658. 
John Pore, son of Daniell and Mary, Sept. 5, 1658. 
Sara Aslet, daughter of John and Rebecka, Jan. 14, 1658. 
Hanna Faulkner, daughter of Edmond and Dorathy, May 8, 
1658. 

Andrew Allen, son of Andrew and Faith, May 9, 1657. 
Hana Ballard, daughter of William and Grace, Aug. 14, 1655. 
Lidda Ballard, daughter of William and Grace, Apr. 30, 1657. 

Andover marriages : — 

Ralfe Faruum married Elizabeth Holt, Oct. 26, 1657, by Mr. 
Bradstreet, at Andover. 

Georg Abbet, jr., and Sara Farnam, Apr. 26, 1658, by Mr. Brad- 
street, at Andover. 

Nicholas Holt and widow Hanna Rofe, June 20, 1658, by Mr. 
Simons, at Ipswich. 

William Chandler and Mary Dane, Aug. 18, 1658, by Mr. Simons 
of Ipswich. 

Andover death : — 
Elizabeth, wife of Nicholas Holt, Nov. 7, 1656. 

Topsfield vital records : — 
Mary, daughter of Daniell Clark, born Nov. 1, 1645. 
Elizabeth, daughter of Abraha Redington, born Feb. 18, 1645 
Abraham, son of Abra Redington, born Nov. 25, 1647. 
Elizabeth, daughter of Danill Clark, born Nov. 10, 1647. 
Dority, daughtei- of Daniel Clark, born Jan. 10, 1649. 
Thomas, son of Abra Redington, born July 25, 1649. 
John, son of John Redington, born June 20, 1649. 
Sara, daughter of Daniel Clai-ke, born last of Jan.,^1651. 
Mary, daughter of Jo. Redington, born May 4, 1651. 
Fara, daughter of Abr. Redington, born Mar. 15, 1654. 
Martha, daughter of Daniel Clarke, born Nov. 22, 1655. 



122 IPSWICH QUARTERLY COURT [NoV. 

Martha and Phebe, daughters of John Redington, born Apr. 7, 
1655. 

Isack, son of Abraham Redington, born June 27, 1657. 
Daniell, son of Daniell Clarke, born Oct. 26, 1657. 
Joseph, son of Robert Andrews, born Sept. 18, 1657, 
Sara, daughter of Edmond Towne, born Apr. 26, 1657. 
Daniell, son of John Redington, born Mar. 17, 1657. 
Presela, daughter of John Wild, born Apr. 6, 1658. 
Jacob Towne married Calttorne Simons, June 26, 1657. 
William Smith married Rebeca Keas, July 6, 1657. 
Ruth, daughter of Francis Pabodie, born May 22, 1658. 
Joseph, sou of Isack Estey, born Feb. 5, 1658. 
John, son of Jacob Towne, born Apr. 2, 1658. 
William, son of William Smith, born July 17, 1658. 
John, son of Mr. William Firkins, born Apr. 2, 1655, 
Sarah, daughter of Mr. William Pirkins, born Mar. 2, 1656. 
Timothy, son of Mr, William Pirkins, born Aug. 11, 1658, 
Gorge Bunker died May 26, 1658, 

John Redington,* Clark of the writs. 

Rowley births, 1658 : — 
Benjamin Pearson, son of John and Dorcas, Apr. 6. 
Sarah Boynton, daughter of John and Elin, Apr. 19. 
Sarah Burkbee, daughter of Thomas and Martha, May 21. 
John Brocklbauk, son of John and Sarah, July 26. 
Thomas Wood, son of Thomas and Ann, Aug. 10, 
Ebenezer Browne, son of Charles and Mary, Sept. 14. 
Samuell Bailey, son of James and Lidia, Nov. 6. 
Japheth Holmes, son of Richard and Alice, Dec. 15. 
John Northend, son of Ezekil and Edna, Jan. 18. 
John Plats, son of Jonathan and Elizabeth, Jan. 20. 
John and Jonathan, sons of John and Faith Smith, Mar. 2. 

Rowley marriages, 1658 : — 
Thomas Rementon and Mehitabell Walker, Mar, 19. 
Daniell Wicome and Mary Smith, Oct, 24, 
Robt. Emerson and Ann Grant, Jan. 4. 
Richard Swan and Ann Trumble, Mar. 1. 

Rowley burials, 1658 : — 

Ann, wife of Richard Swan, Apr. 4. 

Martha, wife of Thomas Burkbee, June 24. 

Jonathan Smith, son of John and Faith, Mar. 3. 

John Smith, son of John and Faith, Mar. 11, 

Fines for last nine months : Jonathan Harte and wife, for un- 
cleanness ; John Suthwick's son and daughter, for uncleauness ; 
Wm. Smith, for pushing his wife ; Jo. Floyd, for stealing; Nath. 
Hun, for abusing the constable ; Nich. Cromwell's man, for exces- 
sive drinking; Tho. Lyon for stealing, the second time; and Tho. 
Pigden, for drunkenness. By Wra. Hathorne.* 

♦Autograph. 



1658] RECOEDS AND FILES 123 

Court held at Salem, 30 : 9 : 1658. 

Present: Worshipful Mr. Simond Brodstreet, Mr. Symonds 
Danyell Denyson, Major-Generall, and Major Hathorne, associate. 

Grand jury : Mr. Edmond Batter, Serg. Jon. Porter, Will. Dodge, 
Tbo. Puttraan, Nicolas Potter, Jon. Kitchin, Nath. Kirtland, Bray 
Wilkins, Henry Collins, sr., Frances Burill, Will. Charles, Jon. 
Perce and Tho. Fiske. 



Bill of Mathew Nixon's charges. 

Petition of Andover men for confirmation, by court of appoint- 
ment, of John Osgood as sergeant and chief commander in place of 
Sergeant Stevens, who was willing and desirous of being dismissed, 
signed by Francis Dane,* John Steevens,* Henry Ingalls,* Thomas 
Johnson,* Robert Russel,* Richard Barker,* Thomas Farnum,* 
George Abbot, ji-.,* William Chandler,* George Abbutt,* Thomas 
Chandler,* John Lovejoy,* Marke Graues,* Daniel Poore,* William 
Ballard,* Edmond Faulkner* and Robert Barnerd.* 

Thomas Bishop, Thomas Hobbs.t 

William Vinson chosen constable by the town of Glossester for 
year ensuing. Certificate signed by Robert Elwell.* 

John Webster, aged thirty -five years, deposed that Mr. Gerrish 
came to his shop with a warrant from Mr. Simons, Mr. Thomas 
being there also ; and Mr. Gerrish said to Thomas, " I Desir you to 
Go over to Mr. Parkers with mee." Mr. Thomas said that he 
could not go because he must attend to his work. Gerrish said he 
would make him go, and thrust him along before him, almost upon 
his nose. 

Frances Quilter, wife of Mark, testified that Goodman Tothacor 
came to Goodman Sech well's house and her husband asked him to 
give him some " phiseck to purdg my body & turne the heumer out 
of my hand." Quilter asked what he should do with his hand and 
both Tothacre and Setchwell wanted to undertake the cure. Quilter 
agreed that if Sechwell cured him he would satisfy him. Goodman 
Sechwell said he had some physic in the house which was his 
mother's but Quilter said it was too old and had lost its strength. 
Quilter gave Goodman Tothacre two shillings. His hand was 
almost well before Sechwell meddled with it, but, through depo- 
nent's persuasion, her husband let him dress his hand and the plas- 
ter lay on some considerable time, but his hand grew worse. 

Commissioners of the United Colonies to provide themselves 
with horse furniture, attendants, etc., and to be allowed annually 
by the country 201i. to each commissioner, and 401i. a year for all 
their expenses. Copy of record of first session of the court of 
election. Edward Rawson,* secretary. 

* Autograph. 

tThese names are all that remain of a bill of presentments. 



124 SALEM QUARTERLY COURT [NoV. 

Jui-y of trials : Mr. Walter Price, Nath. Puttnam, George Gard- 
ener, Nath. Pickman, Jon. Mansfeild, Jon. Ramsdell, Tho. Farrer, 
Jonathan Hudson, Jon. Kettle, Marke Bachelor, Tho. Hale and Ed. 
Wolten. 

Civil cases : — 

William Browne v. Tho. Butts. Debt,* 

Mr. Syraond Bradstreet v. Mr. Anthony Stoddard. Debt to be 
paid in England. Verdict for plaintitf. Appealed to Court of 
Assistants.! 



*Writ : William Browne v. Thomas Tuck, of Salem, blacksmith; 
dated, 22 : 9 : 1658 ; and signed by Hillyard Veren,J for the court ; 
served, 22 : 9 : 1658, by Samuel Archard,J jr., deputy marshal, by 
attachment of house and land. 

fWrit : Simon Bradstreete v. Anthony Stoddard ; dated, Nov. 11, 
1658; and signed by Daniel Denison,| for the court; served by 
Rich. Way te, J marshal, 15 : 9 : 1658, by attachment. Anthony 
Stoddard J gave bond. 

Hezekiah UsherJ testified that he sold goods to Mr. Anthony 
Stodder and others to be paid in sterling in England, and bearing 
the adventure of the sea for the ship's arrival, and he or they 
standing the adventure of the market, profit or loss, to make good 
the money out of goods so shipped and safely arriving. He further 
testified that he had accepted bills of exchange payable so many 
days more or less after the safe arrival of ships at the port of 
delivery in England. Dated, Boston, 26 : 9 : 1658. 

William Payne of Boston deposed that about October, 1657, " my 
cosin Anthony Stoddard " asked if he purposed to send to England 
his ketch whereof Mr. Talby was master. He told him that he 
did ; whereupon Stoddard entreated deponent to let him two tons 
freight in her, and withal he told deponent it was for Mr. Symon 
Brodstreete. Sworn before Mr. Richard Parker, commissioner, 
26 : 9 : 1658. 

Anthony Stoddard's]: promissory note of 601i., dated, Oct. 27, 
1657, payable to Mr. Hezekiah Usher and Mr. John Harwood, for 
the use of Simon Bradstreet in London, within forty days after the 
arrival of the ship next sailing after those of Mr. Garrett and Mr. 
Peirce, which latter were then in Boston harbor. Wit: Henry 
DunsterJ and Edw. Burtt.f 

Bill of exchange for 601i., dated, Dec. 17, 1657, payable forty 
days alter the safe arrival of the ketch Adventure, Mr. Steeven 
Talby, master, at London, to Mr. Hezekiah Usher and Mr. John 
Harwood, on account of Mr. Anthony Stoddard. Addressed to " M' 

JAutograph. 



1658] RECORDS AND FILES 125 

William Cortes v. Jon. Williams.* 

Peter Cole m^'cht In Leadenhall streets In London," from '< Your 
loving Cosen, Thomas Broughton."t 

Printed bill of lading of the foregoing five hogsheads and 
one butt, dated, Boston, Dec. 16, 1657, " outwardly well condi- 
tioned the Contents I know not," and signed by Stephen Tallbe.$ 

Thomas Broughton, aged forty-four years, deposed that in the 
year 1657, about the time Captain Garrat's and Captain Peirce's 
ships sailed for England, Anthony Stoddard desired of him a parcel 
of sugar shipped on the ketch Adventure for adventure of Symon 
Brodstreete to Loudon, said sugar by bills of exchange to pay sixty 
pounds on account of Bradstreet. Invoice, dated, Dec. 17, 1657, 
and consigned to Mr. Peter Cole of London, merchant. Being 
advised that said money was to be paid to Mr. Hezekiah Usher or 
Mr. John Harvvood on account of Mr. Bradstreete, deponent drew 
at the order of Mr. Stoddard four bills of exchange, dated, Dec. 17. 
Sworn, 24: 9 : 1658, before Nath. Duncan, J Comr. 
" Boston In New England Dec. 17*^ 1657. 

" Invoice of one Butt of tine Shugar and fiue hhd^ of muscova- 
does Sugar shipt on the Ketch Adventure M' Steven Talbye Mas- 
ter beinge for the account & adventure of m"" Simon Bradstreete 
& Consigned to m'" peeter Cole at London & are as followeth — 
1 : one Butt of white sugar Conts : Neate : 8 : 2 : 14 at 5^' 43 : 2:6: 
1 : one hogshead of mus- 
covados Cont. 5:3: 3 
2 : one hogshead 5:3:16 
3 : one hogshead 5 : 3 : 22 
4 : one hogsheads 6 : : 00 
6 : one hogshsad 6 : 2 : 04 



In all Cont 29 : 3 : 17 tare 80" ^ hd 

tare 3 : 2 : 08 



Esst neats 26 : 1 : 09 at 30« B Cent 39 : 20 : 5 



82: 12: 11 

Charges In Shiping 4 



82: 16: 11 

" Coppie sent by the Ketch Rebecca Christopher Clarke 

m' the Originall sent by m^ Talby." 

*Writ : William Curtes, blacksmith v. John Williams of Salem, 

cooper ; for withholding some land bought by him, said Williams, 

and refusing to give possession ; signed by Hillyard Veren ;f and 

tAutograph and seal. 
JAutograph. 



126 SALEM QUARTEllLY COURT [NoV. 

George Gardener assigned, time of his servant, Baldwin House, 
to John Sothwick, Allowed. 

Jon. Marstone v. Capt. Tho. Clarke. For freight of six " peeces" 
of wine, containing three tuns, from Barbadus to Bostone. 

Tho. Hale v. Zacheus Goold. Debt.* 

Mr. John Ruck v. Timothy Prout. Adventure to Newfoundland. 
For three hundred and ninety pounds of sugar which was adven- 
tured by him to Newfoundland for Ruck in 1654. Withdrawn. t 

Mr. Jon. Ruck v. Agustine Lyndon. For taking possession of, de- 
taining or selling and disposing of a quarter part of the ship, Lord's 
Increase, afterwards called the Recovery, belonging to said Ruck. 
Withdrawn. 

Jon. Fuller v. Mr. Jonathan Wade. Slander. J 



served by Samuell Archer, § marshal, by attachment of land ad- 
joining the house of defendant, 13 : 9 : 1658. 

*Writ : Serg. Thomas Hale of Salem, attorney to Mr. Thomas 
Burnap, late of Redding v. Zacheas Goold of Topsfeeld ; dated, 17 : 
9 : 1658 ; and signed by Hilly ard Veren,§ for the court ; served by 
Samuell Archard, jr., § deputy marshal, by attachment of house and 
land of defendant. Zacheus Gould, § "not being abel to Com," 
appointed " my Cozan John Putnam the yonger," his attorney ; 
dated, Nov. 20, 1658. Wit: John Gould§ and Antony (his mark) 
Corill. 

Thomas Burnapp§ appointed his "well beloved friend," Thomas 
Hale of Salem, his attorney, 17 : 5 : 1658, in action against Zacheus 
Goold, who dwelt " neere Topsfield." Wit : Joshua Tourland§ 
and Hillyard Veien.§ Debt of seven pounds due Burnap. 

tWrit, dated, 8 : 8 : 1658; signed by Jonath. Negus,§ for the 
court; and served by Richard Wayte,§ marshal of Suffolk. Bond 
of Tymothy Prout. § 

jWrit : John Fullar v. Jonathan Wade, jr. ; slander ; dated, 24 : 
9: 1658; signed by Robert Lord § for the court ; and served by 
Edward Browne, § marshal, by attachment of thirty -six ewes and 
ewe lambs. 

Ipswich court, Sept. 28, 1658, Jonathan Wade v. John Fuller, 
for testifying upon oath what was not true, admonished, and court 
abated ten shillings of his fine. This copy of Ipswich court record 
made, 29 : 9 : 1658, by Robert Lord,§ cleric. 

Mr. Da^iell Epps deposed that he was present at Ipswich court 
■when Goodman Fullar testified against Mr. Wade about a yard of 
linen cloth. Copy of Ipswich court records of 29: 9 : 1658, made 
by Robert Lord,§ cleric. 

John Wade's bill of costs, 19s. 4d. 

§Autograph. 



1658] RECORDS AND FILES 127 

Jon. Kiilum chosen and sworn constable of Wenham. 
Tho. Pittman chosen and sworn constable of Marblehead. 
Sam. Archer and Jon. Hathorne, assignees of Saml. Bennett v. 
Mr. Henry Webb.* 

Testimony of William Averell that John Fullar's grindstone 
measured between 25 and 26 inches. 

Robert Lord testified that last September, when court was sitting 
at Ipswich, Mr. Wade came to him several times and manifested 
himself troubled at John Fullar for his testimony about the cloth, 
etc. 

Deposition of Edward Browne, Richard Brabrooke and Robert 
Lord ; also Tho. Clarke testified same concerning John Fuller's oath, 
except the grindstones, 9 br : 29: 1658. Sworn before Daniel 
Denison.f 

Copy of deposition of Edmond Bridges, from Ipswich court 
records of Sept. 28, 1658, made by Robert Lord,! cleric. 

*Writ : Samuell Archerd and John Hawthorne, assignees of 
Samuell Bennet v. Henry Webb ; forfeiture of a bond of arbitra- 
tion ; dated, 22 : 8 : 1658 ; signed by Jonath. Negus,! for the court ; 
and served by attachment of dwelling house and land of Henry 
Webb in Boston, by Rich. Wayte.f marshal. Wm. Hathorne,! 
Tho. Clarke,! George Corwin,! Edward Hutchinson, jr.,! and John 
Wis wall,! arbitrators. 

Samuel Bennett of Rumney Marsh promised to pay to Henry 
Webb of Boston fifty pounds, one-half in bar iron and one-half in 
iron pots at price current, if it appeared that said Bennet was in- 
debted to Mr. John Becks & Co. of the undertakers of the iron 
works in Lynn, Oct. 20, 1658. Signed by Samuell Bennett,! Sam- 
uell Archard! and John Hathorne.! Wit : Thomas Bligh.f 

Archard and Hathorne's bill of costs, 21i. 4s. 4d, 

Bond : Samll. Archard, Samuel Benett and Jno. Hathorne to 
Mr. Henry Webb of Boston, merchant. J Wit: Samll. Robinson.! 

Account of iron weighed for Samuell Benet ascording to arbitra- 
tors in Captain Hutchinson's warehouse, Sept. 2, 1657, signed by 
Henry Webb.! 

47 Bars Iron q* 23 « 3q^ 91^" at 21" f> ton is 25 : 00 : 06^ 

49 potts q* 16^ 2 q' 18" att 30« f, C 24 : 19 : 10 

paid y*' porter for wayinge his helpe 00 : 01 : 00 



050 : 01 : 04^ 

Assignee's bond, dated Salem, July 2, 1657 ; signed by Henry 
Webb,! Samuell Benet,! John Hathorne! and Samuell Ai-chard.! 
Wit : Oliver Purchis! and William Browne.! Mr. Wiswall of 
Dorchester was added to the list of arbitrators. 

tAutograph. 

JThis bond is not signed. 



128 SALEM QUARTERLY COURT [NoV, 

Mr. Will. Browne v. Will. Towne. For not giving account of a 
heifer hired by defendant. Withdrawn. 
Jon. Haukes v. Joseph Cooke. Eeview.* 

William Hathorne, aged about fifty-one years, deposed that in 
the last General Court, Benet, Archer and Hathorne came to Bos- 
ton to demand fifty pounds of Mr. Webb, according to arbitration, 
and when they could not obtain it they came to deponent desiring 
him to speak with Mr. Hutchison about it, but deponent could not 
persuade him in the least. Sworn in Salem court, 2 : 19 : 1658. 

Edmund Batter, aged about fifty years, deposed that he heard 
Mr. Henry Webb, 2:7: 1657, tender Benet and others the iron,, 
and if Mr. Webb would be pleased to get it weighed they would 
trust him for the weighing of it. Sworn in Salem court, 2 : 10 : 1658. 

Richard Cooke, aged about forty-eight years, deposed that he 
heard Samuell Archer acknowledge that he refused to sign the 
bond tendered to him by Mr. Web or any other security, as ex- 
pressed by Captain Hutchenson, and the reason that Samuell Archer 
and Mr. Hawthorne later gave security was because they heard that 
there were forty pounds due from the company to Bennet by an 
award of Major Hawthorne and Captain Marshall. Sworn at Salem 
court, 2 : 10 : 1658. 

Edward Hutchinson deposed that he was at Mr. W^ebb's house 
when John Hathorne, Sam. Benit and Sam. Archer were there, and 
they demanded of Webb the iron that was to be paid upon arbitra- 
tion. Mr. Webb answered either in these words or to this effect, 
that he heard there had been an arbitration made between Mr. 
Geffards and Saml. Benit, and if he found he was liable to pay, he 
would pay it, otherwise he thought there was no reason for him 
now to pay it after the accounts were made up. Sworn at Salem 
court, 2 : 10 : 1658. 

Thomas Bligh, aged about thirty-one years, deposed as to wit- 
nessing bond. Sworn, 27 : 9 : 1658, before John Endecott,t Gov. 

Elisha Hutchinson, aged about seventeen years, deposed that he 
weighed the iron, Sept. 2, 1657, for Mr. Samll. Benet's account 
which was for Mr. Henery Webb, and Samuel Robinson and John 
Marshal] assisted him, and the iron was laid aside in his father's 
warehouse for Mr. Benet. Sworn, 29 : 9 : 1658, before Natha. 
Duncan,t commissioner. 

Samuell Robinson, aged twenty-two years, servant of Mr. Henry 
Webb, deposed concerning weighing the iron, with John Marshall, 
the porter, etc. Sworn before Natha. Duncan, f commissioner, 29 : 
9 : 1658. 

*Writ : John Hauks v. Joseph Cooke of Cambridge ; dated, 
Nov. 20, 1658 ; about a young mare that defendant took away 
from plaintiff ; signed by Will. Longley,t for the court ; and 

tAutograph. 



1658] RECORDS AND FILES 129 

served, 19 : 9 : 1658, by Richard Blood* of Line, deputy for Samuel 
Archard,* marshal, by attachment of his now dwelling house 
and land. 

Thomas Clarke deposed that " I being at Goodman Cowdree his 
house at Reding when Mr. Joseph Cooke came for warrant, I tould 
Mr. Cooke this colt was non of his. Saide Cooke to mee, there is 
a colt I know in the woods would put an end to this busenes which 
I beleve said hee is Hartts colt I tould Mr. Cook againe If it had 
bin my case as it was his I would a gott up the colt whatever it 
cost mee." Sworn in court, 2 : 10 : 1658. 

John Hauks' bill of costs, 41i. 15s. 4d. 

Thomas Hutchinson deposed that " my father-in-law, Adam 
Hakes," gave his son, John Hakes, a colt, and he put it to Isaacke 
Harte to keep. Sworn at Ipswich court. Mar. 30, 1658. Copy. 

Addam Hakes, aged about fifty years, deposed that a man may 
swear a colt to be the same colt after it is gone out of his sight 
any time ; so far he could swear this colt to be the colt he gave his 
son, John Hakes, for it hath a black list down the back ; so had 
that. It had a piece cut out of the left ear ; so had that. It had 
a scar in the right ear which to him showed the hole which was 
made with a small sharp iron before it went up to Isaac Hart's. 
He asked Joseph Cooke who marked his colt in the ear, and he 
said, " I cut a piece in his ear, but not quite off." Sworn, 30 : 1 : 
1658. Copy. 

Elizabeth Hart, aged about thirty-five years, deposed that she 
had known the colt since it was a fortnight old, and since then she 
had known it by the marks ; and, this colt being lost, her husband 
went out to find it, expecting to be out three days, but he came 
within two or three hours, and left it at their house, and she knew 
before he told her, it was the colt. Sworn, 1 : 26 : 1657-8, before 
Edward Johnson, commissioner of Woburn. Copy. 

Samuel Hutchinson deposed that he cut a piece out of the colt's 
left ear when it was eight months old, and it was put to Isaac 
Hart. About a year after, Isaac Hart brought a young mare to 
the farm where he was and asked him if this was the colt he 
marked. He replied that it was, and about the next spring, being 
at Reading, he heard that Mr. Cooke had attached John Hauk's 
colt. Upon examination, he saw it was the same colt he had 
marked for John Hawks. Sworn in court, 2 : 10 : 1658. 

Isaac Harte, aged about forty years, deposed that it was the same 
colt. Sworn, 29 : 1 : 1658, before Edward Johnson, commissioner 
of Woburn. Copy. 

Francis Hutchinson deposed that he saw Isack Hart and Sam- 
uell Hutchinson mark John Hauckes' colt, and it was the same 
colt. Sworn, 2 : 10 : 1658. 

Samuel Hutchinson, aged about forty years, testified that he 

♦Autograph. 



130 SALEM QUARTERLY COURT [NoV. 

Maj. Will. Hathorne v. Jon. Norman. Debt. Withdrawn.* 
Joseph Armitage, attorney of Jon. Chacksfeild v. Estate of Jon. 
Bex & Company. Debt. Respited for one year. 

helped mark the colt. Sworn, 23:7:1658, before Thomas Mar- 
shall, commissioner. Copy. 

Gregory Stone of Cambridge, aged about sixty-seven years, de- 
posed that November last he had a black mare colt in the pound, and 
Joseph Cooke of Cambridge claimed it. It had no mark, but the same 
day it had a slit given it on the top of one ear and a shred on the 
middle of the ear cut off, and the pound keeper told deponent that Mr. 
Cook did it, and Stone brought away the colt. Cooke followed him to 
his house and told him that he made it. Sworn, 18 : 7 : 1658, before 
Richard Russell, commissioner of Charlestown. Copy. 

Thomas Clark deposed when Joseph Cook brought the colt from 
Redding to Cambridge, etc. Sworn, 2 : 10 : 1658. 

John Gould, aged about forty years, deposed that Joseph Cooke 
and the marshal of Cambridge took through his yard the colt that 
John Hakes formerly replevined out of the hands of Cooke. Sworn, 
22 : 7 : 1658, before Thomas Marshall, commissioner of Lynn. Copy. 

Mathew Edwards, aged twenty-five years, deposed that he had 
often seen the colt, sometimes four days in the week, and in his 
conscience this was the colt. Sworn, 30 : 1 : 1658. Copy, 

Adam Hauks and Samuell Huchison deposed that Mr. Epps of 
Ipswich, being attorney for Mr. Joseph Cooke at the Ipswich court, 
said after the trial that he wished his cousin Cooke would not med- 
dle any more about this colt, for he did not believe it was his 
cousin's colt, for he did not mark with such an ear mark, but with 
a slit on the ear. Sworn, 2 : 10 : 1658. 

Edward Collins deposed that he sold the colt about one and a 
half years ago, with dam, to Cooke, and when it strayed away he 
sent for him and his servant to testify if it was the same colt, and 
they deposed that it was. Sworn, at Salem, 2 : 10 : 1658. 

Elizabeth Hartt deposed that a while after Joseph Cooke brought 
this colt back from Cambridge, she heard Cooke say " if your 
brother had com insteed of your father he that could a made best 
proof should have had the colt." Cook said rather than have it go 
to court he would have drawn lots for it. Sworn in Salem court, 
2: 10: 1658. 

Thomas Clarke, aged forty years, deposed. Sworn, 30 : 1 : 1658. 
Copy. 

William Eaton, aged about fifty-four years, and John Eaton, 
aged twenty-two years, deposed. Sworn before Edward Johnson, 
commissioner. Copy. 

*\Vrit : Maj. William Hathorne v, John Norman of Manchester ; 
dated, 23: 9: 1658; served by John Archard,t deputy marshal, 
by attachment of house and land. 

tAutograph. 



1658] RECORDS AND FILES 131 

Zacheus Cortes v. Mr. Will. Bartholomew. For getting plaintiff 

to come from Eedding and drawing him to Gloster. Verdict for 
plaintiff.* 



*Writ : Zacheus Cortes, late of Redding v. Mr. William Barthol- 
omew of Gloster ; dated, Nov. 4, 1658 ; for getting plaintiff to go 
from Redding, where he was settled, to Gloster, and non-perform- 
ance of agreement, to his utter undoing and exposing himself and 
family to great straights ; signed by Hillyard Veren,t for the court ; 
and served by Wm. Vincent,! constable of Glocester, Nov. 6, 1658. 

Wm. Bartholomew of Ipswich requested the court to appoint his 
friend, Edmund Batter, of Salem, his attorney, he not being able to 
attend court, as his wife was near confinement. 

Zacheus Curtis' bill of charges. Hi. 10s. 2d. 

Letter addressed " for Zacheas Curtis at Reading this be did. I 
pray you :" 

" Goodman Curtis I did expect you at Cape Ann the last week 
But I heard nothing of you I wish you had sent word or left word 
with Mr. Batter if you intend nott to come I am fain to send this 
messenger on purpose to desire you to send an answer what your 
mind is yf you Be of the same minde as when we parted I pray 
you send your answer p"" this bearer and when you cann come to 
C Ann : I shall be here god willing all the latter part of ye week 
but ye next week at Ipswich. I heard of a young man that came 
to Ipswich to have gone to C Ann as by h^ perswasion but he came 
not to C Ann. if he Be a man that cann doe carpentry work or 
handle an axe he shall be imployed yf he pleast to as good purpose 
for himselfe as anywhere else so desiring your answer I rest 

" 24 : 7 : 58 your friend 

<<from Salem. William Bartholmew "f 

The plaintiff's declaration was as follows : — 

" I being settled at Reding upon som land of John Goolds haue- 
ing six yeares to continue thereon, wheare with the blessing of God 
upon ray labour might haue pvided for my famuly comfortably 
haueing land enough in my hands to employ me & mine, But it 
pleased God, M' William Bartholomew, being directed by M' Bat- 
ter to me, & speaking with me about undertaking som Imployment 
of his together with a house & land of his at Gloster & Imptuning 
me, I promised him to come to Gloster to see the bussynes & agree 
yf I liked it, accordingly about the midle of August last past, the 
second day of the weeke I went f i-om Reding & Coming to Gloster 
& waiting M' Bartholomews Comeing home till latter end of the 
weeke, seeing the Accomodation & understanding the Imploy & 
terms of agreement came almost to a close, & not being a Consid- 
erable difference & it being referred to M"" Batter, resolved to under- 
take the busines & soe returned to Reding, it being the last day at 

tAutograph. 



132 SALEM QUARTERLY COURT [NoV. 

Elyas Mason assigned his boy, Tho. Buklands, to Jon. Puttman, 
jr. Allowed. 

night before I could get home which was a whole weekes time, & 
being retourned set my selfe wholy about the fitting myselfe to goe 
to Gloster, & spent my time to provide accordingly, putting of y* 
stock I had in my hands, & putting of my accomydations, & haue- 
ing before pvided fiue or sixe load of hay put it of for not halfe the 
worth of it, together with other damages & distractions ocasioned 
by his earnest Imptuning me to Hasten my Comeing to Gloster as 
damag to the vallue of about 20 Bushels of Corne by swine & cat- 
tell in my Corne & severall other things alsoe 42^ in english corne 
it cost me bringing my goods downe to Salem & waiting there 
a fortnight with my famuly for the boat upon charge & 2 Bushells 
Corne it cost me fore store house roome for my goods, the loss of a 
swine at my Hasty comeing awaye from Reding, & a sow with pig 
at Salem & after my Coming to Gloster not being receaued by M"^ 
Bartholomew into Imployment, haue layne upon charge in a maner 
this month & constrayned to be in a wet & cold house & haueing 
not convenyent roome for my corne its much damnified, by all w^*^ 
y* little I had is soe ruinated, y* it is my utter undoeiug, haueing 
noe Imployment & winter Aproaching, that I know not how nor 
wheare to looke out any place or Imployment for the releefe of my 
family that my straytes are like to be verye greate, besides the dis- 
tracted condition & greefe of mind & afliction, it is to my selfe & 
wife, the Impayring my wiues health, How the Lord out of his 
goodnes may pvide I know not, but according to Reason neuer like 
to recouer my selfe againe." 

Mr. Bartholomew's answer to Mr. Curtis' declaration was as 
follows : — 

"whereas he speaks of his being so well settled at Reding we 
answere the defendt did not anything to force him to remove but 
was voluntary in it, 21y it concerned him first to considder how he 
should have laettered himselfe before he removed w* great estate he 
had there we know not but soe far as it appears to us it did not ex- 
ceed the paymt of his rent 

** whereas he saith he came to Gloster the middle of Agust & 
liked the acomadations and came near to a close the diference 
there not being considderable whither the diference Avere soe small 
or not let these things be considdered first noe tyme spoken of 
when he should enter upon it. 2iy no agreement about the haye 
& straw. Sly no agreement about repayre of houses and fences. 
41y about the maner of his workeing or how he should pay his 
rent nothing spoken unto nor how the cattell should be ordered Sly 
nothing spoken unto who should pay rates & beare common charges 
with diverse other conssiderations not to have been omitted. 

" Duly this much was fully agreed on both pts that the sayd 



1658] RECORDS AND FILES 133 

Tho. Hale fined for absence from trial jury, and fine remitted. 

Zacheous should come a fortnight upon try all w*^^ is proved in 
court upon oath his faileing therein hath beene the ocation of all 
the troble that hath followed and w* is mentioned in his declara- 
tion to be referred to me was never pformed but instead therof a 
vexatious sute commenced prtending great damages & ataching the 
defendant in a hundred pound action while the defendant was 
busily imployed to acomodate the pltife for his comeing thither. 

" Wm Bartholomew." 

Bernard Thorne, aged about twenty-four years, servant to Wm. 
Bartholomew, deposed that his master said he feared Curtis was 
too weak to manage the house and lands at Cape Ann. Sworn, 27 : 
9 : 1658, before Daniel Denison.* 

John Newmach of Ipswich testified that Wm. Bartholomew 
agreed with him for his bark about the beginning of October last 
to carry his goods from Cape Ann, and he expected to do so, but 
the weather and some freight for another person to Boston, inter- 
fered. Bartholomew showed that he was very much troubled about 
getting his man to Gloster. Thomas Harris also testified to the 
same. 

John Fitch testified that Curtis did not come when he agreed, 
that is, for a fortnight on trial. Sworn, 27 : 9 : 1658. 

Rowland Powell of Gloster testified that he saw Curtis at Bar- 
tholomew's house, speaking with Bartholomew's wife about going 
to Gloster and he seemed to be much troubled about the moving. 
His family was then at Salem. She told Curtis that she could not 
then go out of the house, but if he had come as he agreed, every- 
thing would have been ready for him. Curtis replied that he had 
hemp and flax to dress out and could not leave it. She further 
told Curtis that he could not go into her house for a fortnight, but 
that they had provided another house until theirs could be cleared. 
Curtis refused to go into any other house, and Mrs. Bartholomew 
replied that he could stay where he was. Sworn, 1 : 10 : 1658, 
before Daniel Denison.* 

Walter Price, aged forty-five years, deposed that, being at Mr. 
Gidney's house one month past and desired by Barklemew to hear 
some agitation betwixt him and Mr. Edmund Batter, Mr. Barkle- 
mew said that he disliked to find fault, but Curtis was not fit for 
his employment and was a sickly person, and that the town would 
not receive him unless Barklemew would discharge the town ; 
and that Curtis' wife was a f roward woman. He would not employ 
him unless upon day labor. Barklemew said that he wondered that. 
Mr. Batter would commend stich a man to him. Sworn, 1 : 10 : 1658. 

Hillyard Veren, aged about thirty-seven years, deposed that he 
was at Mr. Batter's house one evening when Zacheus Cortes came 

* Autograph. 



134 SALEM QUARTERLY COURT [NoV. 

Jon. Smale, the wife of Henry Traske, Danyell Sothwick, wife of 
Anthony Needham and Thomas Brackett fined for absence from 
meeting. 

in, he said, from Gloster with a letter directed to Mr. Batter from 
Mr. Bartholomew, mentioning terms of agreement, the house, land 
and team for seventeen pounds per year, the hay and tackling to 
be paid for by Cortes. Sworn at Salem court, 2 : 10 : 1658, before 
Hillyard Veren,* cleric. 

Mordecay Hunton, aged about seventeen years, servant of Wm. 
Bartholomew, deposed that Curtis on his second coming had said 
he had had hot words with Mrs. Bartholomew, and he thought he 
should not come at all. Sworn, 27 : 9 : 1658, before Daniel Denison.* 

Thomas Whitredge testified to hearing Curtis talking at Bar- 
tholomew's house in Gloster, with Mrs. Bartholomew, concerning 
the occupation of the house there, etc. Sworn in Salem court, 2 : 
10 : 1658. 

Thomas Rigg testified that Curtis did not come according to his 
promise. Sworn in court. 

Sarah Batter, aged about forty -eight years, testified that Barthol- 
omew, coming to the house of her husband, asked if Curtis were 
coming, and her husband made answer that he was not. Mr. Bar- 
tholomew answered, ^' You should have hired a messenger," and 
desired that one might be sent. Deponent's husband got a messen- 
ger, John Oliver, and the next morning this deponent's husband 
sent him to Mr. Hen. Bartholmew's house, where Wm. Bartholo- 
mew lodged. When Mr. Bartholomew was at their house, he urged 
deponent to persuade her husband to send for Curtis, saying that 
Batter had told Curtis that Bartholomew was discouraged. Curtis 
said he would not force himself upon said Bartholomew and would 
be willing to wait and hear from him again before he went to 
Glocester. Deponent further testified that he had but little estate, 
two steers that he was forced to put away to pay his i-ent, and a 
little corn and a swine or two. That Bartholomew seemed very 
pleasant that Curtis would go, and said that in three hours a boat 
could come from Glocester, and in three hours more carry them 
away ; and he promised Curtis that he could keep a great many 
sheep there and agreed to give him twelve sheep, etc. Sworn, 3 : 
10 : 1658, before Wm. Hathorne.* 

Edmund Batter, aged about fifty years, deposed that coming from 
Boston in company with Mr. William Bartholomew, he desired him 
to tell him of a man to manage his farm and draw logs to his saw 
mill at Gloster. Deponent sent him to Zacheus Curtis of Readinge, 
who was at Thomas Antrum's farm at work. Bartholomew after- 
ward said he heard that Curtis was a man who was troublesome to 
his neighbors, and deponent answered, " Let him be what he wille 
he wilbe a servant night & day to you if you use him well." 

♦Autograph. 



1658] RECOKDS AND FILES 135 

Court held at Salem, 1 : 10 : 1658. 

Arther Sandin's liceuse to sell beer and provisions renewed. 

Mr. Tho. Marshall, Mr. Oliver Purchas and Mr. James Arye 
chosen and sworn commissioners for Lynn. 

Will of James Patch proved by Lt. Thos. Lothrop and Jon. Hill. 
Inventory of his estate amounted to 2501i. 16s. His widow was 
Hana Patch. 

Jon. Mansfeild fined for absence from jury of trials; fine 
remitted. 

William Chichester was out of the country, and it was not 
certain when he would return. He had left his wife Mary with 
several children, and with no means to bring them up. Her father, 
David Corwitliie, put her son, James Chichester, an apprentice to 
Frances Scerry of Salem. James was then about ten years old ; 
and Francis Scerry's wife was Bridget. Said Scerry agreed to send 
him " to scoole untill he can write a leagable hand," to give him 
one ewe lamb to keep, to pay him ten pounds at the end of his 
time in corn or cattle and a suite of clothes for Lord's day and one 
for working days. Indenture dated, 1 : 10 : 1658. 

Court held at Salem, 2 : 10 : 1658. 

The military company at Lynn nominated Lt. Thos. Marshall to 
be their captain, and the court confirmed the nomination. 

Mr. Symond Bradstreete v. Thomas Mayhue. Debt. Brought 
to this court. For not paying a yearly annuity. Verdict for 
plaintiff for llOli. Judgment not granted at the Ipswich court, 
being out of its jurisdiction. Copy of Ipswich court record, by 
Kobert Lord, cleric, Sept. 29, 1658. Plaintiff bound in 20011. 

Mr. Frances Johnson fined twenty pounds for four times selling 
strong water. Ordered that the marshal seize a barrel of rum 
which was then in Johnson's possession as payment for half the 
fine ; the other half respitted. 

John Kitchin's wife, Robt. Buffum's wife, John Smith's wife, 
Jon. Sothwick's wife, Samll. Shattuck's wife and Pvided Sothwicke 
fined five shillings a day for absence from meeting on sixteen Lord's 
days. 

George Gardener's wife fined forty shillings for eight days ab- 
sence from meeting. 

Mr. Gednyes former licenses renewed. 



136 SALEM QUARTERLY COURT [DeC. 

Owen Williams and George Dimon fined by Major Hathorne for 
drunkenness. Mr. Hughson engaged to pay witness fees.* 

Will. Lord, asking to be discharged as feofee in trust of some 
land of Tho. Borwood and Cristopher Burrye, and taking oath that 
he never received any rent for the same, was discharged. Said 
Lord informed the court that Jon. Pickering had the rent of this ten 
acres, but it was now in the hands of Tho. Oliver ; also, there was 
a house and half an acre of land in the Governor's hands. Or- 
dered that all this property be turned over to the county. 

Isaacke Estye's servant, Joseph Williams, ran away from him, 
and thereby damaged him. Ordered that the portion of said Wil- 
liams' estate in the hands of Jeffery Masseye, Tho. Wattson or 
Henry Skerry, trustees, be kept by them until the court take 
further order. 

Will. Cantlebury and Jon. Rowden were discharged of their bond 
given for their good behavior. 

Court held at Salem, 30 : 10 : 1658. 

Allester Mackmalen and wife, Elizabeth, fined forty shillings, or 
to be whipped, for fornication before marriage. Mr. Batter engaged 
to pay the fine. 

Mathew Nixon fined for excessive drinking. 

Wharton and Gaskin summoned to appear at court. t 

Will. Waldridg had gone out of the country and was probably 
cast away, and leaving no known attorney, Sam. Archer, marshal, 
and Tho. Robbins were appointed to take charge of his estate. 

Mr. Stoddard, by his attorney, appealed to Court of Assistants, 
Mr. Edward Huchson, his attorney, bound. Suit was brought by 
Mr. Symond Broadstreet. 

*John Deverix, constable of Marblehead, brought Owen Williams 
and George Dimon before Wm. Hathorne,| for drunkenness. They 
confessed and were fined. Mr. Huson engaged to pay the fine. 
Dated, 19 : 9 : 1658. 

tEdward Wharton presented, 30 : 9: 1658, for frequently absent- 
ing himself from public ordinances upon the Lord's day. Wit : 
Serg. Jon. Porter, Thomas Putman and Edmond Batter. 

Samuell Gaskoyne presented for absenting himself from public 
ordinances upon the Lord's day. 

Edward Wharton presented for refusing to aid the constable, 

^Autograph. 



1658] RECORDS AND FILES 137 

The marshal ordered to inquire after a ten-acre lot that Rich. 
Stackhouse had in his possession. 

John Archer and Henry Skery allowed five shillings for serving 
warrants. 

Servants of the house to have six shillings. 

being required by the constable. Wit : James Underwood and 
Henry Skerry. 

Presentments signed by Edmund Batter, foreman, and copied by 
Hilly ard Veren,* cleric. 

Writ : John Andrews v. Thomas Averill ; for debt ; dated, 19 : 
9 : 1658 ; signed by Robert Lord,* for the court ; and served by 
Edward Browne,* marshal of Ipswich, by attachment of wheat. 

Writ : Humphry Griffen v. Dauiell Clarke ; for debt ; dated, 22 : 
9: 1658; signed by Robert Lord,* for the court; and served by 
Edward Browne,* marshal. 

Writ : Humphry Griffen v. Richard Hutton ; for debt ; dated, 
24 : 9 : 1658 ; signed by Robert Lord,* for the court ; and served by 
Edward Browne,* marshal. 

Writ : Mr. Wm. Browne v. Richard Stackhouse ; for withhold- 
ing 241i. 2s., due by book ; dated, 22 : 9 : 1658 ; signed by Hillyard 
Veren,* for the court; and served by Samuel Archard, jr.,* mar- 
shal's deputy, by attachment of house and land. 

Writ : Mr. William Browne v. Austin Killum, Richard Hutton 
and Danyell Killum ; for withholding 331i. due for three years' 
rent for a farm in Wenham, hired of Mr. William Browne ; dated, 
22 : 9 : 1658 ; signed by Hillyard Veren,* for the court ; and served 
by Samuell Archard, jr.,* marshal's deputy. 

Writ : Richard Hutton v. John Andrews ; for debt ; dated, 24 : 
9: 1658; signed by Tho. Fiske,* for the court ; and served by Ed- 
ward Browne,* marshal, by attachment of house and land. 

Writ : Mr. Wm. Browne of Salem v. Humphry Griifiu of Ips- 
wich ; for debt ; dated, 22 : 9 : 1658 ; signed by Hillyard Veren,* 
for the court ; and served by Edward Browne,* marshal. 

Writ : Joseph Armitage, attorney to Wm. Bayly of Road Hand 
V. William Mapes of Salem ; for debt ; dated, 23 : 9 : 1658 ; signed 
by Hillyard Veren,* for the court ; and served by John Archard,* 
deputy marshal, by attachment of house and land. 

Writ: John Hathorne v. Joseph Armitage; for forfeiture of 
bond for 401i. ; dated, 1:9: 1658 ; signed by Will. Longley,* for 
the court; and served by Thomas Newhall,* constable of Linne, by 
attachment of llli. 13s. in the hands of Samuell Bennet. 

Writ : Edmond Batter, attorney for Ralph Fogge v. Edward 
Wharton ; for withholding a parcel of glass borrowed of Susanna, 
wife of Ralph Fogg ; dated, ] 6 : 8 : 1658; signed by Hillyard Veren,* 

♦Autograph. 



138 IPSWICH QUARTERLY COURT [Mar. 

Court held at Ipswich, Mar. 29, 1659. 

Judges : Mr. Symon Broadstreet, Mr. Samuell Symonds, Ma- 
jor-General Denison, Mr. William Hubbart and Major Willm. 
Hathorne. 

Jury of trials : Mr. John Appleton, Serg. Tho. French, Edward 
Chapman, John Ayres, Thomas Burnam, John Layton, John 
Emery, John Bayley, Ed. Moores, James Barker, Ezek. Northend 
and Tho. Dorman. 

Andrew Hodges of Ipswich sworn constable. 

Anthony Morse of Newbury sworn constable. 

John Allen and Solomon Keyes of Newbury, James Stephens of 
Gloster and John Broklebanke of Rowley made free. 

John Baker v. Corpll. John Andrews. Appeal. To make good 
the former judgment for the heifer.* 

for the court ; and served by Samuell Archard,t marshal, by attach- 
ment of wheat. 

Writ: Maj. Wm. Hawthorn v. Mounseir Martin; trespass, 
carrying away his servant from John Fort ; dated, 16 : 9 : 1658 ; 
signed by Jonath. Negus, t for the court ; and served by Rich. 
Wayte,t marshal of Suffolk. Josh. Scottow,t surety. 

*Richard Kemball, aged fifteen years, deposed that Corporal 
Andrews came to inquire for a heifer, and said^jthat if it was his, 
it was marked on the left ear. Sworn, Dec. 27, 1658, before Dan- 
iel Denison. Copy. 

Samuel Moulton testified that Corporall Andrews sent his man 
to look for a heifer, and he said that his master's heifer had curled 
hair about the head, short legs, long hair and broad horns. Sworn, 
Dec. 18, 1658, before Daniel Denison. Copy. 

John Knolton testified that Richard Walker spoke about marks, 
and when the heifer was brought up to the farm it was left at the 
brook to go as it would. Sworn, Dec. 27, 1658, before Daniel 
Denison. Copy. 

Thomas Day saw the calf near his house, and kept it sometime ; 
then Francis Leach challenged it to be his and took it away. 
Sworn, Dec. 27, 1658, before Daniel Denison. Copy. 

Joseph Browne and John Edwards deposed about marks. 
Sworn, Dec. 23, 1658, before Daniel Denison. Copy. 

Thomas Averill deposed that at. last lecture day at Ipswich, Cor- 
poral! Andrews desired him to see the heifer at Mr. Baker's house, 
etc. Sworn, Dec. 27, 1658, before Daniel Denison. Copy. 

William Norton, aged about fifty years, Wm. Buckly, John 
Gaynes and Samuell Taylor testified that the heifer was not An- 

tAutograph. 



1659] RECORDS AND FILES 139 

drews' nor his man Francis'. Sworn, 10 : 18 : 1658, before Daniel 
Denison. Copy. 

Copies of all the foregoing depositions, attested Jan. 8, 1658, by 
Daniel Denison.* 

John Appleford, aged about twenty-five years, deposed that, 
being at Goodman Griffin's, he saw one of Mr, Baker's daughters 
drive home the heifer, etc. Sworn, 10: 18: 1658, before Daniel 
Denison. Copy. 

John Choate deposed that while living at Corporall Andrews' 
farm, Francis Leach desired him to look at the calf, etc. She would 
have gone into the house where she was bred, so he concluded that 
it was the heifer that was Francis Leach's. Sworn, 20 : 8 : 1658, 
before Daniel Denison. Copy. 

Humphrey Griffin, aged fifty-three years, deposed that he saw 
the heifer " in my brother's pasture " last spring. Sworn, 10 : 
30 : 1658, before Daniel Denison. Copy. 

John Griffin deposed that it looked like Frances Leach's heifer. 
Sworn, 10 : 18 : 1658, before Daniel Denison. Copy. 

Thomas Parsons, aged about twenty-three years, deposed that he 
lived last winter at his master Andrews, etc., and he heard Duncan 
Stuart say, when Mr. Baker and Samuell Taylor were together, that 
it was Baker's heifer, etc. Sworn, Dec. 23, 1658, before Daniel 
Denison. Copy. 

Mordecai Larkham testified that he saw the heifer at John An- 
drews' last winter, etc., and Thomas Parsons could hardly keep her 
out of the yard, etc. Sworn, Dec. 28, 1658, before Daniel Deni- 
son. Copy. 

Richard Wattles and Thomas Hoyte testified as to marks. 
Sworn, Dec. 18, 1658, before Daniel Denison. Copy. 

Thomas Hoyte also deposed that he heard Goodman Stuart say 
that he would give more for Mr. Baker's heifer, etc. Sworn, Dec. 
23, 1658, before Daniel Denison. Copy. 

Jeremyah Belcher testified that cattle went generally at John 
Appleton's end of this town. Sworn, Dec. 15, 1658, before Daniel 
Denison. Copy. 

Samuel Robins and Daniel Merrill deposed as above. Sworn, 
10 : 18 : 1658, before Daniel Denison. Copy. 

Ephraira French, aged about fifteen years, deposed. Sworn, 10: 
30 : 1658, before Daniel Denison. Copy. 

John Wiggins, aged seventeen years, and William Goodhue, 
aged about fifteen years, deposed that the heifer lay at Mr. Rogers 
till the time they heard Mr. Rogers' man say that it was taken 
away by Mr. Baker. Sworn, 10 : 30 : 1658, before Daniel Denison. 
Copy. 

Abel Merrill, aged about fourteen years, deposed. Sworn, Dec. 
23, 1658, before Daniel Denison. Copy. 

♦Autograph. 



140 IPSWICH QUARTERLY COURT [Mar. 

Walter Roper in behalf of the town of Ipswich v. Frances 
Pabody and Rich. Walker. For felling several white oak trees 
upon Ipswich town commons. Verdict for plaintiff.* 

Thomas Clarke, jr., deposed that, being at Mr. Baker's, John 
Baker and Thomas asked me what manner of heifer Goodman 
Roberts' heifer was, etc. He heard Robert Smith and Jeremiah 
Belcher challenge this heifer to be Mr. Baker's, which is Good- 
man Roberts, etc. Sworn, 10 : 28 : 1658, before Daniel Denison. 
Copy. 

Samuel Taylor, aged forty years, deposed that Mrs. Baker said 
she heard there was a heifer killed at Lampson's hill about Indian 
harvest. Acknowledged in court. 

Thomas French, aged twenty -two years, and Edmond Bridges, 
jr., deposed, 10 : 23 : 1658, before Daniel Denison. Copy. 

Copies of all the foregoing depositions, attested Jan. 8, 1658, by 
Daniel Denison. t 

John Baker, jr., deposed that he saw the heifer about Goodman 
Farrowes, etc. Sworn, Dec. 27, 1658, before Daniel Denison. 
Copy. 

Sarah Baker deposed that living at the farm last summer she 
saw the calf of a cow called Tib, etc. Sworn, Dec. 27, 1658, before 
Daniel Denison. Copy. 

Evan Morice deposed that he had Richard Walker's word for it, 
etc. Sworn before Daniel Denison. Copy. 

Jeremiah Belcher, jr., Henry Kemball and Francis Bates de- 
posed, Dec. 23, 1658. Sworn before Daniel Denison. Copy. 

Samuell Moulton deposed that Corporall Andrews came to his 
father's house to inquire for a heifer, etc. Sworn before Daniel 
Denison. Copy. 

Richard Walker deposed that the servant to Mr. Baker and 
Goodman Knolton brought the heifer to his master's house. Sworn, 
10 : 27 : 1658, before Daniel Denison. Copy. 

Evidence summed up. 

Grounds of John Baker's appeal. 

*Writ, dated. Mar. 18, 1658, served by Edward Browne,t 
marshal. 

Samuell Symonds was granted a farm of five hundred acres 
toward the west end of the town, commonly called Olliver's, he to 
be constantly supplied with timber and firewood off the commons. 
Extract from town record book, 3 : 10 : 1642. Robert Lord,t 
clerk. Mar. 24, 1658. 

John Perley deposed that he asked Richard Walker who felled 
the white oaks that lay near his master Pabody's meadow, and he 
replied that he did, six of them, in Ipswich commons, according to 

tAutograph. 



1659] RECORDS AND FILES 141 

Civil cases : — 

William Buckley v. Corpll. John Andrews. Debt. Verdict for 
plaintiff.* 

Joseph Jewett, attorney to John Hasletine v. Symon Tuttle. 
Trespass. For taking and riding away his mare without his know- 
ledge or consent. Verdict for plainiiff.f 

the bounds of said Francis Pabody's farm shown him by the lot 
layer, Corporal Gage. Sworn in court at Ipswich, Mar. 29, 1659. 

Samuell Perley deposed that he went with his brother John. 
Sworn, Mar. 29, 1659. 

John Baker, jr., deposed. Sworn, Mar. 29, 1659. 

Copy of town orders regarding felliug of trees, dated, Aug. 31, 
1649, and Jan. 11, 1649, taken from the town book. Mar. 28, 1659, 
by Robert Lord, J clerk. 

Copy of town order that Walter Eoper and Eichard Shatswell 
be chosen to prevent persons from cutting trees on the north side 
of the river, and William Story and Thomas Bishop on the south 
side, Jan. 17, 1656. Copy taken from the town book, Mar. 24, 
1658, by Robert Lord, J clerk. 

Nathaniell Perlye deposed that coming from Topesfeld he saw 
Eichard Walker and Joseph Pebodye felling trees: "For railes," 
Walker said. Deponent said, " I scarselie se any whit okes felled 
for railes." This was on the bottom of the hill, called Mr. Win- 
trop's hill, next to Goodman Pebody's cove of meadow. Sworn in 
court at Ipswich, Mar. 29, 1659. 

Walter Roper's bill of costs. 

*Writ, dated, Feb. 7, 1658, signed by Robert Lord, J for the 
court, and served by Edward Browne, J marshal. 

William Buckly's bill of charges. 

John Andrewes' bond. Dated, May 16, 1657. Wit : Robert 
Lord I and Jona. Wade.$ 

fWrit, dated. Mar. 3, 1658, signed by Robert Lord| for the 
court, and served by Edward Browne, j marshal. 

Robert Smith, aged about thirty-three years, deposed that he 
lived with Simon Tutle's mother, Mrs. Tutle, about eight or nine 
years before. That deponent heard her say that the young mare 
colt then in her keeping, which Smith was informed came of that 
stray mare that was challenged and was taken away by Lieutenant 
Lowtroope, was her son Simon's. This was when her husband, 
Mr. Tutle, was in England. The colt was branded with the letter 
E. Sworn in court at Ipswich, Mar. 29, 1659. 

Edward Hecock, aged twenty years, testified that about four or 
five years before, he heard Mrs. Tutle say that the gray mare and 
foal that was in deponent's master, John Tuttell's, keeping at 

JAutograph. 



142 IPSWICH QUARTERLY COURT [Mar. 

Romlie marsh, was her son Symon's and that Tho. Bornom, etc. 
Deponent also heard Symon's brother, John Tuttell, say, etc. 
Sworn, 21 : 1 : 1658-9, before Thomas Marshall,* commissioner. 

George Gidding and Thomas Burnam, both aged about forty 
years, testified that they being with their brother, Simon Tuttell, 
etc. Sworn in court at Ipswich, Mar. 29, 1659. 

Humpey Grifing, aged fifty-three years, testified that before 
Mrs. Tuttell went to Ireland, he heard her say that it was her son 
Symon's mare in Tho. Bornom's keeping. Sworn in court at 
Ipswich, Mar. 29, 1659. 

Thomas Gidings, aged twenty-five years, testified that when his 
grandmother Tuttell dwelt at Ipswige, he heard her say, etc. The 
mare had been called Symon's by deponent's uncle, John Tutle, 
and his aunt, Hanah Tuttell. Sworn in court at Ipswich, Mar. 29, 
1659. 

Letter addressed " These For her beloued sonue M"^ George 
Gidding att Ipswich in New England : 

'' Carrickfargus 20 March 57. 

" Sonn Giding I Receaued 2 letters from you and am glad to 
heare of your welfear with yours I wonder I heare nothing from 
M' Juete I heare he improues my estaet to his one aduantag I 
praid hm to pay my son martain 12^^ in good goods and he lett 
him haue nothing butt beefe that none ellse would take I pray 
you to take care of my estat att Ips and lett nott him do what he 
list butt take a count of what he doth ther is 4 yeres Rent this 
march which coms to aboue a hundred pound and in depts ninty 
seauen pound and I heare my cossen John Tuttell would by the 
horse he will nott lett him without he pay him Englich goods I 
sent to deliuer goods to my sonn John lawrence to send me 501i 
worth of beuar I have depts to pay in london and want it much 
Thomas burnum wold know what to do with the mares if he can 
not keep them all lett John Tuttell ore you take to of them and 
for the Rest of the Cattell if they be chargabell sell them ore lett 
them to some that will haue care of them I am to remoue againe 
16"mills nerer my sonn that maried my daueter hannah hath the 
imployment that my husband was in the tresury is Remoued to 
another towne & we must goe with it the presence of the lord 
goe with us they are very louing to me and my life ther by Is 
very comfortable If I should com to new Ingland I fare I should 
goe a beging if Reportes be true my estate de Cays apase for want 
of lookeing to I heare the house gos to Ruine the land spends 
it selfe the cattell dye the horses eate them selues outt in keeping 
so I am licke to haue a small a count butt I hop it will nott proue 
as I heare if it should he that knows all things will a veneg the 
widows cause I pray Rem me to your wife my Dear Child hannah 
Rem her loue to you all so doth M" haries the potecaris wife that 

*Autograph. 



1659] RECORDS AND FILES 143 

John Godfry v. Hugh Sherratt. Debt. For wheat and rye due 
by bond. Verdict for plaintiff.* 

John Godfry v. William Symons. Debt due on bond. Verdict 
for plaintiff for forty-four bushels of wheat.f 

John Godfry v. Abraham Whitiker. For eight bushels of wheat 
due by bond. Verdict for plaintiff. J 

lined in saint Albanes she dwellse next house to me I haue nott 
ellse att present butt the blesing of the lord be with you & yours 

" I pray send no goods to simon I heare that of him which will 
bring my gray head with sorow to the graue with tears I conclued 
and Remaine 

" Your poore mother 

" Joanna Tuttell."§ 

John Tuttle, aged about thirty-three years, deposed that his aunt 
Tuttle said, since his uncle went away, and he, being in his uncle's 
place, that the mare belonged to Simon, etc. Sworn, 21 : 1: 1658-9, 
before Thomas Marshall, § commissioner. 

John Gidings, aged twenty-one years, deposed that he heard his 
uncle Marting ask his grandmother Tuttell, etc. Sworn in Ipswich 
court. Mar. 29, 1659. 

Elder Whipple and Deacon Goodhue in meeting three months 
before trial ask if there may not be a trial in law in a way of love 
so they might know whether the vote taken in legal town meeting 
might not stand good, etc. It was moved by Mr. Bradstreet the 
last year that they not trouble the court with the matter, but take 
it to the General Court as a request and that there would be no 
charges, etc. 

*Writ: John Godfry v. Hugh Sherratt; dated. Mar. 11, 1658; 
signed by Richard Littlehale,§ for the court ; and served by John 
Eyer,§ constable of Haverhill, by attachment of house and land. 

Bond of Heugh Sherratt II of Haverhill, Wit: Richard Little- 
hale § and Mary Littlehale. Dated, Apr. 2, 1658. 

Abraham Whiticker,§ surety. Wit : Richard Littlehale. § Dated, 
Mar. 11, 1658. 

Sharod's bill of charges. 

fWrit : John Godfrey v. William Simons ; dated, Mar. 12, 
1658 ; signed by Richard Littlehale,§ for the court ; and served by 
John Eyer,§ constable of Haverhill, by attachment of eight acres 
of land, a sow and a brass kettle. 

Bond of William (his mark) Simons of Haverhill, dated, Oct. 
28, 1657. Wit: Richard Littlehale§ and Mary Littlehale. § 

J Writ: John Godfry v. Abraham Whitticker ; dated. Mar. 12, 
1658; signed by Richard Littlehale, § for the court; and served by 

§Autograph. 

II Autograph and seal. 



144 IPSWICH QUARTERLY COURT [Mar. 

Jolm Godfry v. Edward Clarke. Debt due by bond. Defendant 
not appearing, and being orderly called three times, bond was de- 
clared forfeited.* 

John Godfry v. William Symons and Samuell Symonds. Slan- 
der. Withdrawn. Costs allowed to defendant. f 

John Godfrye V. Abraham Whitiker. For slander. Withdrawn. | 

Mr. Jonathan Wade v. John Fuller. For withholding 41i., which 
he undertook to pay in behalf of John Andrews. Mr. Jonathan 
Wade acknowledged that a bill of 51i., which he had of John Ful- 
ler, was burned. Found for plaintiff. Defendant appealed to next 
Court of Assistants. Sureties : Mr. John Fullar and John Eedmon.§ 

John Eyer,|| constable of Haverhill, by attachment of a yoke of 
steers. 

Ephraim Davis and William Deale of Haverhill, sureties for 
Whittiker. Wit : Richard Littlehale.|| Dated, Mar. 11, 1658. 

*Writ ; John Godfry v. Abraham Whitticker and Edward 
Clark; dated, Mar. 12, 1658; signed by Richard Littlehale,|| for 
the court ; and served by John Eyer,|| constable of Haverhill. 

Edward Clark || appointed Theophilus Shatswell of Haverhill, 
his attorney. Wit: George Hadlyf and Haniell Bos worth. || 

tWrit : John Godfrye v. William Symons and Samuell Sy- 
mons ; slander; dated, Feb. 4, 1658; signed by Robert Lord,|| for 
the court; and served by John Eyer,|| constable of Haverhill. 

Abraham WhittickerU and William (his mark) Symons, sureties 
for appearance of Samuel Simons. Dated, Mar. 11, 1658. Wit : 
Richard Littlehale.|| 

Theophilus Shatswell and James Davis, jr., sureties for William 
Simons. Dated, Mar. 11, 1658. Wit: Richard Littlehale.|| 

Bill of charges for William and Samuel Simons, 21i. 18s. Id. • 

jOn ]Srov. 26, 1656, John Godfry of Haverhill sold to Abraham 
Whitticker of Haverhill, a yoke of oxen for 141i., to be delivered 
to Godfi-y at the now dwelling house of John Davis at Newbury, 
the sum to be paid in wheat in three yearly instalments. In case 
said Whitticker did not like the oxen when he saw them, Godfry 
was to take them back, and Whitticker agreed to pay for the 
writing of the agreement and to give Godfry a quart of wine. 
Wit : Richard Littlehale and Mary Littlehale. Copy made by 
Robert Lord,|| 20 : 9 : 1658. This bond was to be paid at the now 
dwelling house of Abraham Whitticker, or aboard the vessel, at 
Godfry's choice. 

§Warrant served on John Fuller of Ipswich to appear on 
complaint of John Andrews ; dated. Mar. 24, 1658 ; signed by 

II Autograph. 
TIAutograph and seal. 



1659] EECORDS AND FILES 145 

Thomas Flint v. Richard Shattswell. Replevin of a stone horse. 
Verdict for defendant. 

Mr. Robert Payne v. Elder John Whipple, agents or assignees 
of Richard Saltingstall, Esq. v. John Andrews. For rents due to 
said Richard. Verdict for plaintiff.* 



Robert Lord,t for the court; and served by Edward Browne,t 
marshal. 

John Fuller acknowledged in court that Mr. Wade told him when 
he tendered the bill of ten bushels of barley that the bill of five 
pounds was cancelled, " but he sayd he did not believe yt then, nor 
doth he believe yt yet." Court ordered this to be kept on record. 
John Fuller's bill of charges, 9s. 9d. 
Jonathan Wade's bill of charges, Hi. 18s. 3d. 
Jonathan Wade's J acquittance to John Fuller, both of Ipsidge, 
Mar. 18, 1658, to be delivered upon payment. Wit: Jonathan 
Wade, jr.,t and William AuerelLf 

Jonathan Wade, jr., and William Auerell testified to being 
present as witnesses in John Fuller's house. Sworn in court at 
Ipswich, Mar. 29, 1659. 

John Andrews, jr., aged about thirty-one years, testified. Sworn 
in court at Ipswich, Mar. 29, 1659. 

Samuell Ayres testified Mar. 31, 1659, that he heard Fuller 
tender Wade the barley in deponent's house, etc. Sworn in court 
at Ipswich, Mar. 31, 1659. 

John Redman and Thomas Bridgdon deposed. Sworn in court 
at Ipswich, Mar. 29, 1659. 

Jonathan Wade, jr., deposed that on or about Mar. 15, 1657, 
John Fuller came to the house of his father, Mr. Jonathan Wade, 
and desired that he might be debtor to him instead of John 
Andrews in the sum of 41i., which amount might be deducted from 
said Andrews' account. Fuller agreed to pay 51i. in wheat, but 
Wade said he could not afford it. Fuller replied that he could 
well afford it, etc. Sworn, Mar. 29, 1659. 

Jonathan Wade, jr., testified, 31 : 1 : 1659, that about 10 : 1 : 
1659, John Fuller tendered a bill to his father, Jonathan Wade, of 
ten bushels of barley in part payment of what he owed. The latter 
refused to accept it, but demanded the four pounds with just 
interest. Sworn in Ipswich court. Mar. 29, 1659. 

Samuell Ayres testified that Mr. Wade expected no more than 
the principal, etc. Sworn in Ipswich court. Mar. 29, 1659. 

*Writ : Mr. Robert Paine and Elder John Whipple, agents or 
assignees for Richard Saltingstall, Esq. v. Corp. John Andrews ; 
dated, Mar. 24, 1658 ; signed by Robert Lord,t for the court ; and 
served by Edward Browne,t marshal. 

tAutograph, 

i Autograph and seal. 



146 IPSWICH QUARTERLY COURT [Mar. 

Humphry Griffen v. Mr. Eobert Payne, executor to John Ward- 
Review. Found for defendant.* 

Humphry Griffen v. Corp. John Andrews. Debt. Withdrawn. 

George Hadley v. John Haseltine. For fencing and feeding 
about forty or fifty acres of his farm without giving satisfaction. 
Yerdict for plaintiff, t 

*Humphry Griffen of Ipswich, butcher, gave bond to John Ward 
of Ipswich, chirurgeon, dated, Oct. 16, 1652, to be paid in wheat 
or barley at Mr. Robert Payne's house. Wit : John Payne and 
Walter Roper. Copy made by Robert Lord,| Mar. 28, 1659. 

Thomas Bishop testified about Samuell Pod buying a piece of 
land of Goodman Griffith, and hiring 121i. 10s. of Mr. John Ward, 
with interest, to pay for it. Deponent was surety for Pod. " To 
my loueing thomas Bishopp Ipswich dd this I pray you."|| Sworn, 
29 : 1 : 1659, before Wm. Hathorne.t 

Thomas Howlett, aged about fifty-two years, deposed that he 
was present, about Sept., 1652, when Humphry Griffin sold Samuel 
Pod a ten-acre lot for twenty-four pounds, and they then agreed for 
the price of a cow and Griffin several times said he would not have 
sold the land except to have paid Mr. Ward. Sworn, 9 : 25 : 1658, 
before Daniel Denison.$ 

John Lee, aged about three-score years, deposed that he asked 
Humphrey Griffin why he would sell so good a piece of land from 
his children, and he answered that he would turn it into trading 
stock, etc. Sworn, 9 : 26 : 1658, before Daniel Denison.J 

Walter Roper, aged about forty -five years, deposed that he was a 
witness to a bond of Griffin to Ward a little before he went away, 
etc. Sworn, 9 : 29 : 1658, before D. Denison.J 

Samuell Pod deposed that he paid interest at the rate of eight 
per cent., etc. Sworn, 29 : 1 : 1659, before Wm. Hathorne.J 

John Paine deposed that being conversant with Mr. John Ward 
living at "my father's," he had knowledge of the transaction, etc. 
Sworn, Mar. 29, 1659, in Ipswich court. 

John Fuller deposed that he asked why Griffin did not sell him 
the ten acre lot and he replied that he must have cash for it, and 
that Mr. John Ward loaned Samuel Pood the money, etc. Sworn, 
Mar. 29, 1659. 

t Joseph Jewett and Robart Heseltin testified that Georg Hadlay 
assented to the division of the land, etc. Sworn in court at Ips- 
wich, Mar. 29, 1659. 

Jonathan Ward, sr., deposed that long since he desired John 
Gage and the other lot layers to lay out such land as had been 
granted to him. They said that Mr. Winthrop's farm, which was 
first granted, had not yet been laid out, and his bounds must be 

JAutograph. 

llWritten on reverse of paper. 



1659] RECORDS AND FILES 147 

Thomas Hale v. Corp. John Andrews. Debt. For wheat. De- 
fendant acknowledged judgment.* 

Eichard Shatswell v. William Delow. Trespass. For cruelty 
in beating his ox, whereby he is much diminished, the ox being 
dead. Verdict for plaintiff for forty-four shillings.f 

determined before deponent's adjoining land could be laid out; that 
after much time was spent, they came to a walnut tree which stood 
near the place where the fence now is between Will. Fellows and 
Henry Benuet, and said that there should be a bound mark there ; 
and thence the line should run to a great crotched tree which was 
standing on the eagle nest hill, and so to the creek called " labor 
in vayne " which should divide between Mr. Winthrop and this de- 
ponent on one side and land that was to be laid out to Mr. Dudley 
and Major Denison on the other side. Sworn at Ipswich court, 
Mar. 29, 1659. 

Theophylus Shatswell deposed that he heard Robert Hasaldin say 
that said Robert held not the land in controversy, by the " mar- 
chants " last laying out, it being divided by merchant Jewit, but 
by an agreement that he thought his brother John and Goodman 
Hadly made in exchange of land. Sworn at Ipswich court. Mar. 
29, 1659. 

Edward Yeoraans deposed that about two years since, when he 
was helping John Hazeltin to fence, the latter said that the land 
was not his, but George Hadly's, and Hazeltin was to give said 
Hadlye as much land in lieu of it between that and the river, etc. 
Sworn, 26 : 1 : 1659, before Simon Bradstreete.J 

John Millington deposed that Robert Hazeltine, being in depo- 
nent's barn, the latter asked Hazeltine whether his master, George 
Hadly, etc. Sworn, 26 : 1 : 1659, before Simon Bradstreete.t 

Writ : George Haddley of Rowley v. John Hasseltine of Row- 
ley ; for fencing in some land ; dated. Mar. 12, 1658-9 ; signed by 
Thomas Leaver,J for the court; and served by Joseph Jewett,J the 
constable's deputy, by attachment of three oxen and two steers. 

*Writ : Thomas Hale of Salem v. Corp. John Andrews ; debt; 
dated, Feb. 5, 1658; signed by Robert Lord,| for the court; and 
served by Edward Browne, J marshal. 

t Writ : Richard Shatswell v. William Dellow ; dated, Feb. 3, 
1658 ; for beating his ox so he died ; signed by Robert Lord,t for 
the court; and served by Edward Browne, | marshal. 

Joseph Browne deposed that going in the fields to look after his 
father's oxen, he saw William Dellow and Robert Funell loading 
wood and saw Richard Sachwell's bullock so beaten that the hair 
was off. William Dellow did it with a small walnut stick. Sworn 
in Ipswich court. Mar. 29, 1659. 

JAutograph. 



148 IPSWICH QUARTERLY COURT [Mar. 

Edward Lomase v. Capt. William Traske. For taking possession 
of and selling twenty acres of land of piaintifE. Surety : Thomas 
Bobbins. Withdrawn.* 



Richard Brabrocke deposed that being at the barn of Richard 
Shatswell with Goodman Bridges and John Apellfford, deponent 
saw that the bullock was bruised. Richard Shatswell, his master, 
said to Wiliam Delower, " Now wiliam you may see the froots of 
crooilty." Dellow agreed to pay for half of the beast, and said 
he hoped it would be a warning to him not to beat any so again. 
Sworn in court, Mar. 29, 1659. 

John Griffine, aged about twenty-four years, deposed that he 
heard Theophilus Shatchwell say that he would never let his 
daughter Mara have any estate ; that her husband, William Delle, 
should have the disposal of it to pay any of said Delle's debt and 
afterward heard him say that after the will was made, he had dis- 
posed of his estate to his daughter Mary so that Wm. Dell could 
not dispose of it. 

Robert Punill and Hope Hawkins deposed. Sworn in Ipswich 
court, Mar. 29, 1659. 

Thomas Clarke deposed that Thomas Parson and himself were 
mowing and they heard Richard Sachwell and William Dellow 
beat the cattle, etc. Sworn in Ipswich court, Mar. 29, 1659. 

Thomas Pershons deposed that while mowing at Green's point, 
he saw Goodman Shatwell and William Dellowaye beat the oxen, 
etc. Sworn in Ipswich court. Mar. 29, 1659. 

Edmon Bridges and John Apellford deposed that Goodman 
Shatswell sent for him to go to a bullook that was sick, and upon 
examination after the beast was dead saw that there was a bruise 
on the side near the heart, etc. Sworn in Ipswich court. Mar. 29, 
1659. 

* Richard Tidmarsh, aged about twenty -five years, deposed that 
being desired by Edward Lummus of Ipswige to go with him to 
Captain Trask to read a warrant, since he could not do it himself, 
for selling twenty acres of land belonging to Lummus, Lummus 
asked the said Captain if he bought the land of Goodman Deuenish, 
and Trask replied that he laid it out for Deuenish, but he refused 
to have it ; and now it was the town's land, and if the timber on 
it was cut, it was done before he had it, etc. Sworn before Wm. 
Hathorne,t 28 : 1 : 1659. 

Edmund Batter, aged about fifty years, deposed that on Salem 
town records there is a grant of ten acres of land to Thomas Dev- 
enish. Sworn in Ipswich court, Mar. 30, 1659. 

Edward Lummus v. Capt. William Traske of Salem ; warrant 
for selling land; dated, Mar. 20, 1658-9; signed by Hilliard 
Veren ,t for the court. 

tAutograph. 



1659] RECORDS AND FILES 149 

Eiichard Shatswell v. William Dellow. Debt. Defendant ac- 
knowledged judgment.* 

William Dellow acknowledged judgment to Humphry GrifRn. 

Eichard Hutten acknowledged judgment to Mr. Joseph Jewett. 

Humphry Griffen acknowledged judgment to Mr. Jonathan 
Wade. 

William White acknowledged judgment to Mr. Jonathan Wade. 

William Dellow acknowledged judgment to Corp. John Andrews. 

Mr. John Cutten [Cutting. — Waste Book.'] fined and respitted till 
court takes further order [for taking tobacco in bell yard. — Waste 
Book.']. 

John Tilison, upon complaint of Mr. Dummer, fined for false 
oath, and to pay fees of the constable of Newbury. 

Anthony Newland fined for breach of the peace. 

Maj. William Hathorne and Mr. Edmund Batter sworn commis- 
sioners for Salem. 

Samuell Corwithy, dying intestate, John Gedney was appointed 
administrator of his estate. An inventory of the estate was 
presented. 

John Wright, late of Newbury, was possessed of or had a right 
to goods and chattels in New England, and there being no will, 
Samuell Symonds and Daniell Denison granted administration of 
the estate, 30 : 10 : 1658, to Edward Bragg, and the court ordered 
it entered. t 

On the estate of Timothy Cooper of Lynn, administration was 
granted to his widow, Elizabeth Cooper. Inventory of his estate 

*Writ : Eichard Shatswell v. William Dello ; debt ; dated, Feb. 
4, 1658; signed by Eobert Lord, J for the court; and served by Ed- 
ward Browne,! marshal. 

tLetter of administration was signed by Samuel Symonds $ and 
Daniel Denison. $ Inventory of the estate, taken by Thomas 
Bishop J and Eobert Kinsman :| 

" In two II bills II both of one date, & ||its|| said (in y® writing) to 
be of the same tenor, in y® one ; the party is bound in y® sume of 
xl" for y® payment of 20'* 

** In the other the debter is bound in y® sume of Thirty pounds 
for y® payment of 18^' and seven shillings. 

" Its also exprest in y® writings the one being pformed the 
other to stand voyde." 

J Autograph. 



150 IPSWICH QUARTERLY COURT [Mar. 

amounted to 16711. lis. Widow to have all the estate, including 
the house and land, except that she should pay certain portions to 
the six children, as they came of age, namely, John, the eldest son 
[aged twelve years. — Waste Book.'] ; and Mary, Hannah, Timothy, 
Dorcas and Eebecah [aged respectively eighteen, sixteen, eight, 
five and three years. — Waste Book.]. 

George Giddinge and Mr. Joseph Jewett, formerly attorneys of 
the estate of Mr. John Tuttle, he being now dead, were appointed 
administrators. 

William Addams, father, and John Addams, brother, of William 
Addams, jr., of Ipswich, were appointed administrators of the 
latter's estate. The inventory amounted to 218 li. The estate 
was distributed to eldest son William, one half, and one fourth 
to each of the other two children, when they were of the age 
of twenty-one years. Elder John Whipple and Thomas Stace, 
overseers. 

Henry Herrick was appointed administrator of the estate of 
Hugh Laskine of Salem. 

Administration having been granted formerly on the estate of 
Matthew Whipple to the widow Mary, an inventory was presented, 
amounting to 19911. Is. 9d. Land to remain for the children and 
widow. 

Administration on the estate of William Lampson of Ipswich, 
granted to widow Sarah. Amount of the inventory of the estate, 
lllli. 10s. 2d. There were eight children. The eldest son was to 
have a double share, and the others were under age. 

Administration on the estate of John Perkins, jr., of Ipswich, 
granted to widow Lidia. Amount of the inventory of the estate, 
7311. 10s. Id. He left one young child, new born. The widow to 
hold the estate until the child was eighteen years old, and then 
pay the child 1411., or at the day of her marriage, with her moth- 
er's consent. 

The inventory of the estate of widow French was brought in by 
her son, John. 

Bill of costs presented to the county by Theophilus Willson, the 
constable of Ipswich, amounting to 91i. 18s. 4d. ; order to pay it 
and also 31i. for his year's salary allowed. 

William Bartholmew released from training, paying ten shillings 
yearly to the company. 



1659] RECORDS AND FILES 151 

Samuell Gaskoyne fined eight pounds for absenting himself from 
public worship thirty-two days at least. 

Edward Wharton fined five pounds for absenting himself from 
public worship twenty days ; also fined ten shillings for not assist- 
ing the constable.* 

William Bingly and Elizabeth Pressye punished for fornication. 
He to be whipped and to pay forty shillings to his master Pearce 
for her lying in, and 2s. 6d., per week for time past and for time 
to come, and to be kept in prison until the order is complied with. 
She to be severely whipped and remain with her master until the 
court released her. 

William Young, for fornication, ordered to be severely whipped 
and bound in forty pounds. 

William Trotter, for slanderous speeches, ordered to make public 
confession after next lecture at Newbury or pay fine of forty 
shillings and fees. 

William Scales of Rowley released from training, paying five 
shillings a year to the use of the company. 

Mr. Nicolas Noyse sworn commissioner to end small causes at 
Newbury. 

*Summons, dated, 8:1: 1659, to Edmund Batter, Serg. John 
Porter, Thomas Putman, Henry Skery and James Underwood to 
appear at next court at Ipswich to witness against Edward Whar- 
ten and Samuell Gaskoyne for absenting themselves from public 
worship, and said Edward for refusing to aid the constable ; signed 
by Hilliard Veren,t cleric ; and served by Hen. Skerry,t marshal. 

Writ of attachment of Samuel Gascoyne for absenting himself 
from public ordiances ; dated, 8:2: 1659 ; signed by Hillyard Veren,t 
for the court ; and served by Samuel Archer,! deputy marshal, 15 : 1 : 
1659, who arrested said Gaskoyne and took security. 

Thomas Putnam and Edmund Batter deposed that Edward 
Wharten and Samll. Gaskell frequently absented themselves, etc. 
Sworn in Ipswich court, Mar. 29, 1659. 

Writ of attachment of Edward Wharton for absenting himself, 
etc., and for refusing to aid the constable ; dated, 8:1: 1658-9 ; 
signed by Hillyard Veren.f for the court ; and returned by Samuel 
Archardjt deputy marshal, 27 : 1 : 1659, by attachment of house. 

James Undwoodf deposed that when he took the prisoners to 
court, he asked Ned Wherten to assist him and the latter refused. 
Sworn, 20 : 1 : 1659, before Wm. Hathorne.f 

Henry Skerry swore to the truth of the foregoing, in court at 
Ipswich, Mar. 29, 1659. 

tAutograph, 



152 IPSWICH QUARTERLY COURT [Mar. 

John Applefourd admonished for taking excessive wages for 
work. 

Zacheous Gould, upon complaint by Isaack Cumraings, admon- 
ished, and to pay costs.* 

Rich. Brabrooke, being attached by Samuell Symonds, and action 
not entered, was allowed costs. 

Mary Shefield ordered to be whipped for fornication. 

Eobert Dutch, bound over to this court, and, being at sea, was 
ordered to appear at the next session. 

Moses Pengry licensed to sell strong water for one year. 

*Wm. Perkins and Isack Comins, sr., deposed " that Zacheus 
Gould in time of singing y® psalm one Sabbath day in y® after- 
noone, sate him downe upon y® end of y® Table (about w*"^ y® min- 
ister & cheife of y® people sit) w**^ his hatt fully on his head, & his 
back toward all y® rest of y™ y* sate about y® Table & though 
spoken to by y® minister & 2 others, ether to shewe reverence to 
y® Ordinance, or to w^hdrawe, yet altered not his posture & y® 
Sabbath following, after that the Congregation was dismissed in y* 
afternoone, desired y® Congregation to stay & thereupon spake 
saying y* hee bad bin informed how y* y® last Sabbath day hee had 
bin commanded out of the meeting house, but it was not for want 
of age, nether had hee anything to doe y* commanded him, for y® 
house was non of his — also he sd that he had heard much speech 
of y** ministers of Christ, & hee confest also, that they could not 
bee too much honored, but sd hee we knowe y* there bee a Company 
of hirelings who if they fie not their mouthes they prepare warre 
agst y^, such Micah speakes of Chapt. 3^ v. T**^ — see John lO*'* 
— w'"^ hee s*^ hee would not reade but they might reade at their 
leisure — also hee added that hee had bin informed what a learned 
speech y® goodma Corns made, but he was told by some or one, y* 
was now mor nearely Related to him, y*^ himselfe y* hee was a 
proud, probmatical, base, beggarly, pick thank fellowe, whereupon 
hee was desired to hold his peace, but hee replied y* they had 
nothing to doe to injoyne him silence, y*' house was none of theirs 
who did injoyne him, whereupon hee was told y* hee would finds 
y® contrary, whereupon hee oft dared us to do our worst." Sworn 
in Ipswich court. Mar. 29, 1659. 

Isaack Comins, sr., and John Comins testified that when Mr. 
Perkins was in his sermon, Zacheus Gould spoke audibly, etc. 
Sworn in Ipswich court, Mar. 29, 1659. 

William Ewens and James Howe, jr., deposed that Zacheus 
Gould said that Mr. Perkins was an hireling, and therefore none of 
them. Sworn in Ipswich court, Mar. 29, 1659. 

Bill of charges, 18s. 



1659] BECORDS AND FILES 153 

William Law's license to keep an ordinary at Rowley renewed. 
John Wyate released from training, paying 2s. 6d. per year to 
the company. 

Court adjourned to Apr. 28, at 8 of the clock. 

Court held at Ipswich, Apr. 28, 1659, by adjournment. 

John Appleford fined upon his presentment. 

John Ossgood licensed to keep an ordinary at Andover and to 
sell wine and strong waters. 

John Johnson's bond of ten pounds and William Trotter's bond 
of five pounds forfeited, as they did not appear. 

Humphry Griffen fined ten shillings for his daughter's present- 
ment for wearing a silk scarf. 

John Kemball, upon his wife's presentment for wearing a silk 
scarf, proved that he was worth above 200 pounds and was 
discharged. 

John Chote fined for refusing to assist the marshal. 

Will of Marke Symonds proved by oaths of George Smith and 
Aron Pengrye. 

John Andrews fined for taking tobacco contrary to law. Execu- 
tion respitted or to pay witness fees of William Wilde. 

Presentment of wife of Mordcha Larkcum, not proved, discharged. 

John Prockter, jr., fined for reviling speeches, and to pay wit- 
ness fees of Robert Powell, Rich Brabrooke and Tho. Giddings.* 

*Thomas Giddingef and Robert (his mark) Pouell testified 
" that about y® 14 or 15 of this month Being at goodman Whites 
in y® morning Goodman Brabroock came theather for an ox that he 
was to Drive to Salem for master Cuerell : and asked goodman 

Whit : whether y® ox was no, sayd he my sone prockter : is so 

Cros he will let me have none of them think : no sayd good- 
man prockter thare is nather you nor a Brabroock of y all 

shall have any ox here : then sayd goodman Brabrook It will be a 

great Disappointment to mr, Cuerwell If you don't send y® 

ox to him goodman prockter sayd goodman brabrock spack what 
you think that ox is, beter then y® other : and give it goodman 
whit : and I will Drive y® tother ox to mr. Cuerell and undertake to 
satify him with that ox and sayd goodman whit doe so to goodman 
prockter : no sayd goodman prockter I will nather doe this nor 
that, you ware crose tother day & He be Cros now & so thare ware 
some words betwene them : then sayd goodman Brabroocke to good- 
man Prockter you did it a purpose to trouble youer pore father, then 

t Autograph. 



154 IPSWICH QUARTERLY COURT [Apr. 

Mathew Moores, fined in two presentments, and bound to good 
behavior.* 

Robert Dutch fined for a battery. 

Corp. John Andrews undertook to pay to Richard Shatswell 
nine pounds for Willam Dellow granted at the first session of this 
court, whereupon Shatswell acknowledged satisfaction. 

William Dellow fined or to sit in stocks for lying and slandering 
"o^ Honered magistrat Major Gen'^^ Denison." 

Corp. John Andrews fined for selling wine at retail without 
license upon pretence of selling by the gallon and three gallons 
and yet drawing it by the pint and quart; for entertaining towns- 
he asked goodman Brabroock what he had to medell w* that he 
had nothing to [do] with Calling him a prating fooU and base lying 
felow & tould him he cam to mak strife Betwene his father and 
him : no sayd goodman Brabroock you doe me wrong goodman 
prockter : I make noe strife betwene you and your father : hould 
your toung, sayes John Prockter you lye, if you ware a wise man 
you wood hould your toung but that you are a foule telling him If 
he came to him he would knock him of his horse. Also he called 
him lying Jack." Sworn in Ipswich court, Apr. 28, 1659. 

*John Hale deposed that " I saw mathew moores ty his Horse 
to the fence & took up an axe & with the helve struck Robert 
Downer three tymes upon the thygh." Sworn in court at Ipswich, 
Apr. 28, 1659. 

Joseph Muzzey, testified that " I being at worke at John Knights 
with Mathew moores the Scott & at dung cart with will neffe John 
Knight's man the sayd mathew came upon the sayd Will neffe for 
his shovel that he was workeing with to have it from him by vio- 
lence which he refused to deliver wherupon the Scotte flew upon 
him & pressed him to the ground taking him by the necke put his 
head & heeles together and pinched him by the throate y* I was 
afraid he wold have strangled him or at least done him some great 
mischeife, I seing this rescued him whereupon he gave me many 
reproachfuU speeches chalenging me to fight and threatenig me if 
ever he mett me alone." Sworn in Ipswich court, Apr. 28, 1659, 
before Robt. Lord,t cleric. 

Edmund Mooresf deposed that "■ I sa mathew moore Ty his hors 
to the fence & stoped downe and Tooke up something and strooke 
Robard douner thare with thre Times upon the Thye and allso 
Robard Douner Complained that his Thye Greeved him and poold 
up his knee of his breches and I sa it reed in to or thre places and 
I sa John halle stand between them." Sworn in Ipswich court, 
Apr. 28, 1659, before Robt. Lord,t cleric. 

tAutograph. 



1659] BECORDS AND FILES 155 

men at unseasonable times, as after nine of the clock ; and for 
entertaining men's sons and strangers as at an ordinary after pro- 
hibition of the court to keep an ordinary ; bound to good behavior 
in 401i. ; Anthony Crosbye, surety. Also, bound in 501i. for mis- 
demeanors such as pulling down the sign of Moses Pengry and his 
gate, Mr. Browne's gate and door and Lt. Samuell Appleton's gate. 

Ruth Marshall fined for lying and to sit one hour in the stocks 
next lecture day. 

Court adjourned to next lecture day after General Court, at nine 
of the clock. 

COUKT HELD AT IPSWICH, JuNE 2, 1659, BY ADJOURNMENT. 

John Johnson had the forfeiture of his bonds abated to 52s. 8d. 
and paying so much to William Trotter, Johnson was to have his 
clothes. [For his offence, ordered to be whipped or pay 40s. fine. 
— Waste Book.y 

*Examination of An Sawars, taken before Major-General Denison, 
Apr. 16, 1659 : She testified " that as she came along the street 
in Newbury with her masters Kinsman Thomas fowlar & one 
called John Johnson when they came agayst Anthony Morse his 
house the sayd Thomas Fowlar sayd he would goe in and see his 
countryman & bad me goe along with that man to the ordinary & 
he would come presently goeing along with him up the hill he 
asked if Thomas would stay I answered noe he would come pre- 
sently he houlding me fast sayd noe sure he will not come yet and 
then he violently threw me downe upon the ground & then I 
cryed out," etc. 

Examination of John Johnson before Daniel Denison, Apr. 16, 
1659. He confessed what An Sawor had said, except throwing her 
upon the ground, and acknowledged that he had drank too much 
liquor a little before. 

Wra. Trotter testified that he was in the house of Stephen Swett 
when John Johnson came thither ; the said John to his apprehen- 
sion had drunk too much, which appeared by the lightness of his 
speech and carriage in saying in a laughing manner, etc. Sworn 
before Daniel Deuison,t Apr, 16, 1659. 

John Johnson bound to appear at next Ipswich court to answer 
for his misdemeanors with An Sawers. William Trotter, surety. 
Sworn before Daniel Denison, t Apr. 3 6, 1659. 

John Johnson's petition to the court : — 

" I John Jonson being now att Hampton and nott well to Come 
before you'' worships Desire to acquaint you with the true statte of 
the matter for which I was bound to Answere before yo"^ worships 

t Autograph. 



156 IPSWICH QUARTERLY COURT [June 

William Buckley bound for Johnson. 

Sarah Marshall, appearing to answer charges of John Averill 
before Samuell Symonds, he not appearing, was discharged, 
Averill to pay her costs. 

Joanah Symonds, widow of Marke, presented the inventory of 
his estate. Amount, 25711. 6s. 

John Johnson of Andover released from training until further 
order of the court. 

Elen Coromock fined 41i. for fornication, 

Corp. John Andrews' fine respitted until next court. 

Sixpence fixed as the smallest fee for serving a warrant in crim- 
inal cases. 

Humphrye Griffen bound in lOli. to answer for receiving cattle 
taken upon execution. 



or before the County Court : & it being Concluded y* I should 
Come to my Answere the 28 day of this month att Ipswich I Have 
sent by my friend James Bruce to Informe your worships the 
truth of the matter : I came outt of Salim upon friday the 15 day 
of this psent month & Eat nothing in the morning & so Came to 
Ipswich and Drange nothing butt a Cupe of Cold beere & so att 
Eowly and when I Came to Newbury fery I Called att a House there 
& Desired the woman of the House to Give mee a peice of bread & 
Cheese & shee seeing that I was faint and weary shee brought me 
abottellof Brandy & I dranke a draught of as I think a quarter of a 
pint and after shee offered mee the bottell againe & when I Had 
drank againe I found myselfe much Heated & out of temper & so 
I Came over the fery and a man who went along with mee in Nu- 
bery towue & overtooke a Girle by the way, & left mee to Goe with 
Her now Concerning whatt shee doth accuse me of whatt my Car- 
rage was I was so far beside myselfe thatt I ame nott able to Give 
any tru account but I Desire to leave myselfe to yo"^ worships 
mercy as God shall direct you & I Hope God will keepe mee from 
such distemper for time to Come 

" Yo'^ Humble Servant 

John Johnson."* 

"26:2:1659. 

" The expences of y® house by John Johnson more occasioned by 
him unhappily, Is. 4d. ; to y« men Charged by the Constable to 
Serve him, 5s. ; to Tristram Coffin upon y« Same Ace*, Is. ; To the 
Constables demand, 3s. 6d. ; To other expenses occasioned upon to 
same Ace* to the house & other men, 2s. 6d. ; total, 13s. 4d. ; dated 
2d iQth 1659^ by Steven Swet."! 

*Autograph. 



1659] RECOEDS AND FILES 157 

John Clements, late of Haverhill, " being by God's providence 
cast awaye," administration on his estate was granted to Robt. 
Clements, July 21, 1659, by Mr. Samuell Symonds and Major 
Generall Denison. 

Court held at Salem, June 28, 1659. 

Judges present : "Worshipful Mr. Simond Bradstreet, Mr. Samll. 
Symonds, Major Generall Danyell Denison and Associate Major 
Will. Hathorne. 

Grand jury: Mr. Edmond Batter, Serg. John Porter, Nicolas 
Potter, JSTathanyell Kirkland, Bray Wilkins, Hen. CoUens, sr., 
Frances Burrell, William Charles, John Peerce, Tho. Fiske, Will. 
Dodge and Thomas Putnam. 

Jury of trials : Mr. Hen. Bartholmew, Mr. Jon. Browne, Jef- 
fery Massy, George Norton, Thomas Bootes, Henry Herrick, Mr. 
Needom, Will. Craft, Mr. Adam Haukes, Tho. Browne, Tho. Millett 
and Richard Hutton. Benjamin Felton was chosen to serve on 
Newell and Herrick's action. 

Thomas Wheeler v. Mathew Farrington. Slander. For saying 
that plaintiff venomously, wickedly and mischievously plotted, 
with others, against Thomas Newell to damage him, concerning the 
matter that was before the church between George Keyser and 
Tho. Newell ; and also for saying that said Thomas Wheeler was 
the Devil's packhorse to do the Devil's drudgery. Withdrawn. 

Thomas Newell v. Georg Keyser. Slander. For saying he was 
drunk. Withdrawn. 

Henry Herrick, administrator of estate of Hugh Larkin, de- 
ceased v. Elyas Stileman, sr. For taking said estate into his pos- 
session so that plaintiff was unable to bring in an inventory, as the 
court ordered. 

John Godfery v. Edward Clarke. Debt. 

Mr. John Croade, alias Hughson v. Mr. Peeter Cole. For security 
for several bills of exchange, etc. Referred to General Court. 

John Godfery v. Will. Simonds and Samll., his son. Slander. 
For charging him to be a witch. Verdict for the plaintiff, but the 
jury " notwithstanding doe conceiue that by the testimony es he is 
rendered suspicious."* 

♦Petition to the court at Ipswich, dated, 12 mo : 1658-9 : — 
" Wheras diners of esteme with vs and as we heare in other 
places also haue for som times have sufered loses in ther estates 



158 SALEM QUARTERLY COURT [June 

John Godfery v. Henry Palmer. For payment of bond as surety 
for Abraham Whitaker. 

and some aflickshen on tber bodyes also : which as they supose 
doth not arise from any natural cause or any necklect in themselues 
but rather from som ill disposed person : that upon diferences had 
betwixt them selues and one John godfry resydent at Andover or 
else wheare at his plesure wee hose names are under wrighten do 
make bould to sue by way of request to this honored court y* you 
in your wisdom wil be plesed if you see cause for it to call him in 
question and to heare at present or at som after sesions what may 
be sayd in this respect 

" James dauis sen in y® behalf e of his son Epharam dauis 
" John haseldin and Jane his wife 
" Abraham whittyker for his oxe and other things 
" Epharam dauis in the behalfe of himselfe som things 
we hear of and it may be they may be of conse- 
quence. 
" Benjamin Swet in the case of his child 
" Esabell houldred hearing a voyce and being aflicted in 

her body 
" Jobe tyller of Andever for a bird coming in to suck his 

wife 
" Charles browne son what he did see although we say no 

more at present 
" weadow ayres daughter and Goodman Prockters daugh- 
ter for a pale with som thinge in it." 
Thomas Haynef deposed that " being wth Goodwife Holdridge 
she told mee that shee saw a great horse & shewed me where it 
stood : I then took a stick & stroke on the place but felt nothing 
& I heard the doore shake & Goodw : sayd it was gone : out at y® 
doore immediately after shee was taken with extremety of feare 
& payne so that she p''sently fele into a sweat & I thought she 
would swoone away : she trembled & shooke like a leafe." 

Nath. Gouldf testified " that being with Godway holdred ong 
night thar appeared a great Snake as shee sayd with open mouth & 
Shee being weak hardly able to goe alone yet then ran & 1yd hold 
of nathan gould by the head & cold not speak for the space of 
halfe anower." 

Isabel Holdred deposed that " John Godfree came to the house 
[where] Henry Blasdal her husband & herselfe were & demanded a 
debt of her husband & said a warrant was out & Goodman Lord was 

suddenly to come John Godfree ed if we would not pay him the 

deponent answered yes, tonight or tomorrow if we had it : for I 
believe we shall not we are in thy debt : John Godfree an- 
swered thats a bitter word : sayd I must begin & must send Good- 

tAutograph. 



1659] RECORDS AND FILES 159 

John Hathorne and Samll. Archer, assignees of Samll. Bennett v. 
Mr. Henry Webb. Withdrawn. 

man Lord : the deponent answered when thou wilt I fare the not 
nor all the devils in Hell : and farther depoaent testifieth that 
twoo days after this shee was taken wth those strange fits with 
wch shee Vas tormented a foughnight together night & day : 
& severall apitions aprd to the deponent in the night : The first 
night a Humbl bee, the next night a beare aped wch grouned 
the teeth & shooke the claw, thou sayst thou art not affraid : 
then thinkst Harry Blasdals house will saue thee the deponent 
answered I hope the Lord Jesus Christ will saue me the apition 
then spake thou sayst thou art not affraid of all the devils in 
Hell but I will haue thy heart blood within a fewe houres the next 
was the apition of a great snake at wch the Deponent was exceed- 
ingly affrighted & skipt to Nathan Gold who was in the opposite 
Chimney corner & caught hold of the hay re of his head & her 
speech was taken away for ye space of halfe an houre ; the next 
night aped a great horse & Thomas Hayne being there the depo- 
nent told him of it : & shewed him where : the sd Tho. Hayne 
took a stick & strook at ye place where [the] apition was & his 

stroake glanced by the side of it : & it went the table & he 

went to strike againe then the apition fled to the & made 

it shake & went away & about a week after the deponent 

Sonne were at the doore of Nathan Gold & heard a rushing in the 

the depont : sayd to her sonne yonder is a beast : he answered 

tis one [of] Goodman Cobbyes black oxen & it came toward them 

and came within yards of them the deponent her heart began 

to ake for it seemed to have great eyes : & spake to y® boy lets go 
in, but suddenly the oxe beat her against y® wall & struck her 
downe & shee was much hurt by it : not being able to rise up but 
some others carryed me into y*^ house : all my face being bloody 
being much bruised. The boy was much affrighted a long time 
after & for y® space of two houres was in a sweat that one might 
have washed hands on his haire. Further the deponent afl&rmeth 
that she hath bin often troubled with a black cat some times ap- 

ping in the house & sometimes in the night bed & lay on her 

& sometimes stroaking her face the cat hrice as big as 

an ordenary cat." 

Charles Browne and wife deposed that " about 6 or 7 years since 
in the meeting house of Rowley being in the Gallarye in the first 
seate there was one in the second seat (wh he doth to his best re- 
membrance thinke & verely beleeve it was John Godfry) this de- 
ponent did see him yaniug ope his mouth & while he soe yaned 
this deponent did see a small teat under his Tongue and further 
this deponent saith that John Godfrye was at this deponents house 
about 3 yeare since speakeing about the power of witches he the 



160 SALEM QUARTERLY COURT [June 

John Bennet v. John Lyon. For nnrsing his child six years. 
Verdict for plaintiff. 

William Dodg v. Koger Hauscall. For not maintaining a fence 
according to agreement. 

Christopher Lynsie v. Mr. Danyell King. Account. Withdrawn. 

Paule Mansfeild v. Henry Herrick. For illegally breaking up 
"housen " and taking away goods and cattle and giving them to 
Timothy Laskin and his wife Damoris, who is now the wife of said 
Mansfeild. Verdict for defendant. 

Thomas Newell v. Edward Kichards. Slander. Saying he was 
drunk. Withdrawn. 

John Hathorne and Samll. Archerd, assignees of Samll. Bennet v. 
Mr. Edward Hucheson. For detaining money left in his house by 
Mr. Henry Webb. 

John Godfrey v. Abraham Whitaker. Debt. For work, wit- 
nessing at Salisbury court, etc. 

sayd God fry e spoke that if witches were not kindly entertayned 
the devill will apeare unto them & aske them if they were greeued 
or vexed with any body & aske them what he should do for them & 
if they would not give them beer or victalls, they might let all 
the beere run out of the cellar & if they lookt steadfastly upon 
any creature it would dye and it were hard to some witches to take 
away life either of man or beast yet when they once begin it then, 
it is easye to them." 

William Osgood deposed that "in the year 40 in the moneth of 
August he being then building a barne for M"" Spencer John God- 
free being then Mr. Spencers heardsman he on an euening came to 
y^ frame where divers men were at worke & sayd that he had 
gotten a newe master against the time he had done keeping cows 
the s*^ Willi. Osgood asked him who it was he answered he knew 
not he againe asked him where he dwelt, he answered he knew 
not : he asked him what his name was he answered he knew not : 
he then sayd to him how then wilt thou go to him when thy time 
is out : he sayd the man will come & fetch me : the w : I asked 
him hast thou made an absolute bargaine he answered that a cove- 
nant was made he had set his hand to it : he then asked of him 
whether he had not a counter covenant : Godfree answered no : w : 
o : sayd what a mad fellow art thou to make a covenant in this 
manner he sayd hees an honest man : how knowest thou sayd w : 
o: J : Godfree answed he looks like one : w: o: then answered I 
am psuaded thou hast made a couenant with the devill : he then 
skiped about & sayd I ptesse : I ptesse." 



1659] RECORDS AND FILES 161 

County treasurer to pay charge for bringing from Newbery to 
Salem two Quakers who were sent to Boston " Jayle." 

William Browne of Gloster had his license to sell strong water 
renewed, and also was licensed to sell wine. 

Eobert Elwell discharged from training, paying one bushel of corn 
yearly for the use of the company. 

The widow of Benjamin Monjoye, deceased, was appointed ad- 
ministratrix of his estate.* 

Thomas Spooner's fine of 6s. for not training was remitted and 
he is to pay one bushel of Indian corn yearly for the use of the 
company. 

Eichard Johnson sworn clerk of the market for Lynn. 

John Tarbox of Lynn sworn freeman. 

Tho. Pigden fined for excessive drinking. 

Samll. Allen sworn constable of Manchister. 

John Davis sworn constable of Gloster. 

Maj. Will. Hathorn sworn associate for this county. 

The inhabitants of Gloster ordered to meet in one place for re- 
ligious services, and Messrs. Millet and Steevens to " exercise theire 
gifts for there idefication," one in the forenoon and one in the af- 
ternoon, etc., when both are there, until Mr. Emerson shall come 
and settle among them. 

Mr. Johnson licensed to sell wine in Marblehead. 

Joseph Williams, who ran away from his master, Isaack Easty, 



*Inventory of the estate of Mr. Benjamin Mountjoy, appraised 
by William Chariest and Joseph Dallever :t One Cloake & a suite, 
31i. 10s. ; one Great copper kettle. Hi. 3s. ; one lesser kettle, 7s. 3d. ; 
stewing pan, 6s. ; one Skillet, 2s. ; one warming pan, 5s. ; one scum- 
mer, Is. ; Bed & bolster ticking, Hi. ; one dozen of pewter dishes, 
31i. 10s.; 4 pewter porringers, 61i. 3s.; 4 pewter plates, 2s.; one 
chamber pot, 4s. ; one pewter tankard, 3s. ; 6 saucers, 2s. ; one little 
Bason, Is. ; one pewter pint. Is. 6d. ; one little pewter cup, 9d. ; 
one brasse candlesticke & morter, 3s. ; two stone jugges, 2s. ; one 
earthen pott, 6d. ; two glasse bottles, 8d. ; 3 payre of sheetes, 211. 
8s. ; 3 payre of pillow bears. Hi. ; one table cloth, 9s. ; 5 Diaper 
Napkins, 7s. 6d. ; 6 lockram Napkins, 6s. ; one hanging candlestick, 
2s. 6d. ; one lampe. Is. ; one Trunke, 2s. ; one chest, 8s. ; one fire 
shovel & tongs, 4s. ; one pothanger, 2s. ; one old brasse bucket, 2s. 
6d. ; one smoothing Iron, 2s. ; a payre of blankets, 16s. ; one Bed- 
steed, Hi. ; one little Table, 8s. ; one wooden trey, 8s. ; total, 191i. 
2s. 5d. 

tAutograph. 



162 SALEM QUARTERLY COURT [June 

ordered to return to him, having been seven months absent. Ordered 
also to serve him fourteen months after his time. 

Will* of John Woodice of Salem proved by Tho. Antrum and 
Tho. Flint. Amount of inventory, 691i. 5s. Inventory! taken by 
Thomas James, Thomas Antrum and Thomas Flint. 

WillJ of John Leach, sr., proved by Eliza. Buxton and Mary 

*The will of John Woodis of Salem, dated, 24 : 3 : 1659, was 
proved 29 : 4 : 1659 : || " Imp'^ he gave, vuto Sam^' Very sen 2 oxen 
and his wearing cloaths. Ite he gaue vnto Alice his Daughter : the 
wife of Sam^ Very 2 Cowes. Ite he gaue vnto Thomas and Jn° 
Very the Children of Sam^ very 1 : mare Ite he gaue vnto Sam^ son 
to Sam^ Very 1 : younge horse yeare old and the vantage It he 
gaue vnto Elizabeth : the Daughter of Sam^ Very 1 : cowe & 1 heifer 
of 2 years old and 1 Iron pott It he gaue vnto Sarah the Daughter 
of Sam^ Verey one Cowe one hiefer of three years old and all my 
beding one Chest and that that is in it and one Iron Kitle my pewe- 
ter & sixe pounds ten shillings in the hands of Tho. Flint. 

" It he gaue vnto Emme Muse one Cowe. He apoynted & Con- 
stituted Sam^ Verey his son in law his Executor." Wit : Tho. 
(his mark) Antrum and Thomas (his mark) Flint. 

tinventory of estate of John Wooddes, taken by Thomas James,§ 
Thomas (his mark) Flint and Thomas (his mark) Antrum : Two 
oxen, 121i. ; 4 cowes, 151i. 10s. ; 3 heifers, 91i. 10s. ; one maire, 131i. ; 
one horse colt, 61i. ; a bed rugge and blanket, Hi. 10s. ; a chest and 
a sheett, 12s. ; a 3 pint pot, a pewter bottle and a porringer, 5s. ; an 
Iron pot and pothookes, 10s. ; an Iron kettle, 12s. ; in Thomas Flints 
hand, 61i. 10s. ; his wearing clothes, 31i. ; in mony, 6s. ; total, 691i. 5s. 

$" That w'''^ John Leach senior spake about the disposinge of 
his estate. 

" We whose names ar underwritten, beinge both in one roome, 
about halfe a yeare before the decease of s*^ John Leach Senior, the 
sayd John Leach comminge in from worke he sayd unto us he was 
so sicke he thought he should haue falln downe dead at his worke : 
& he did feare that he might at one tyme or other dye suddenly : 
therefore he did desire of us both (that if in case it should so fall 
out) to be witnesses that all that he had he gaue unto John Leach, 
and at another tyme hauinge further conference about the dispos- 
inge of his estate unto the sayd John Leach we told him there were 
seueral John Leaches he should doe well to expresse w*"^ of them he 
sayd to John Leach the son of Richd Leach : sayinge further that 
he had was but litle, if he should deuide it it would come but to 
litle." Elisabeth (her mark) Buxton and Mary (her mark) Felton. 

§Autograph. 

llThis was written throughout in the first person, and then changed to 
the third. 



1659] RECORDS AND FILES 163 

Felton ; Richard Leach, executor. Amount of inventory,* 331i. 
12s. lOd. 

Joseph Armytage fined for excessive drinking. 

Richard Welch to serve Michaell Smith as an apprentice for six 
years from Feb. 1, 1656, to Feb. 1, 1662, to be taught navigation. 

John Hathorne's license for selling wine, beer, strong water and 
provisions renewed. 

Robert Pattashall appointed administrator of estate of Peeter 
Pitford, deceased. 

Five pounds allowed to Topsfield toward building a bridge sufl&- 
cient for horses at least, to be made over the river near William 
Towne's house. f 

William Robinson discharged from training, paying a bushel of 
Indian corn yearly to the company. 

*Inventory of the estate of John Leach, sr., was taken 20 : 10 : 
1658, by Daniel (his mark) Rea and Henery (his mark) Cooke : 
House, orchard & 6 acres of land, 131i. ; 20 acres of land & 2 acres 
of meadow, 31i. ; 1 ox, 51i. ; 1 Cow, 21i. 10s. ; 1 calfe, 18s. ; 1 sheep, 
16s. ; in Corne, 21i. 16s. 6d. ; his wearinge apparel, 21i. ; his bed- 
dinge, 21i. ; 1 Cart, Hi. ; 1 smal pot & ketle, 10s. ; 1 chest, 2 axes & 
other old Lumber, Hi. ; in hay. Hi. ; total, 351i. 2s. 6d. In yarne. Hi. 
Is.; an old table and a gun and sword, Hi.; total, 37li. 3s. 6d. 
Debts : To Philip Veren, 6s. ; Adam Wesgate, 4s. 6d. ; John Inger- 
sol, 3s. ; Willyam Curtis, 5s. ; Ed. Beecham, 2s. 6d. ; Tho. Ricks, Is. 
4d. ; the Cow keeper, 4s. ; John Burton, 3s. ; John Grover, Is. 4d. ; 
the charges of his burial. Hi. 10s. ; rates for 2 yeare, 10s. ; total, 31i. 
10s. 8d. 

Thomas Pitman, | of Marblehead, constable, complained to court, 
28 : 1 : 1659, that James Smith and wife, '' who are adhering to 
the Quakers and an euile example to others," absented themselves 
from public worship. 

A note of what has been disbursed in the town of Ipswich for 
the county: For repairing the bridge, 81i. 2s. 4d. ; sending three 
Quakers to Boston, Hi. 6s. ; charges for the Quakers at Mr. Baker's, 
6s. 6d. ; for serving beer to the workmen about the bridge, 2s. 6d. ; 
total, 91i. 18s. 4d. Rendered by William Goodhue,J for the select- 
men, 3 : 12 : 1658. 

fPetition of the town of Topsfield, signed by Zaccheus Gould and 
Francis Peabody, in answer to a presentment of this court. They 
stated that they found the work heavy, and " are forced to seek 
out for some help," etc.§ 

tAutograph. 
§Petition torn. 



164 SALEM QUARTERLY COURT [June 

William Jegles died intestate. Amount of inventory,* 14811., 
■which the widow shall keep in her hands for her use. 

John Kitchin bound to appear at next court, if he be m the 
jurisdiction, to answer to his not consenting to the verdict of the 
grand jury, being one of them. 

George Norton's license renewed. 

John Williams and Gabrill CoUens presented for living from 
their wives. Mr. William Browne promised to see that they were 
sent for and to make provision for the expense of bringing them 
over. 

Eichard Stackhouse possessed a ten-acre lot, which was the land 
of Eichard Frithy, deceased, divers years since, and none to claim 
it. Eichard Lambert, deceased, was formerly paid for it. Mr. 
Stackhouse ordered to keep it. 

Hugh Laskin died intestate. Amount of inventoryf of his es- 



*Inventory of estate of William Jigles, taken 26 : 3 : 1659, by 
John Browne,! John GardnerJ and Edm. Batter :J One dwellinge 
house & house Lott, 351i. ; ten Acres of upland, 3-4 salt marsh & 
of meadow a small pcell about the upland, 91i. 10s. ; 1 Cow, 41i. ; 

5 yewes, 51i., 1 pige, 4s., 91i. 4s. ; 1 Tableboard & 2 formes, Hi. ; 1 
Chest, 18s., 1 Cubburd, 12s., 1 bedpane, 12s., 21i. 2s. ; p And Irens, 
10s. ; 1 friing pane, 5s. ; 1 earthen basun, 16s. ; Basen & Ewer, 2 
Candlsticks & Salt, 16s., 7 Cushings, 20s., Hi. 16s. ; 1 Eemnant of 
Carsy, 32s. ; 1 Carpet & brush, 9s., 21i. Is. ; Aparell, 41i., 1 feather 
bed, 2 bolsters, 1 Eugg, Curtayns, bedsteed & hangings, lOli. ;gune 

6 sword, 5s., brasse, 33s., pewter, 30s., 31i. 8s. ; silver beker, 21i., 
fire shovel, tonges, spit, &c., 4s., 21i. 4s. ; 4 Chaires, 1 small Table, 
10s., earthen ware, &c., 13s. ; bookes, 10s., carpenters tooles, 25s., 
Iron potts & hangers, 20s., ockum, 3s., 21i. 18s. ; sheets & table Lin- 
nen, 71i. ; new linen, 20s., and an old bed & Eugg, 30s., 21i. 10s. ; 
cash, 31i. 16s., 2 old Chest, table & forme, 15s., 4li. lis. ; flax & 
yarne, 6s., 1 bushel Indian Corne & bag, 4s., 10s. ; 1 Grindston, 2s. ; 
1 kitle, 10s., 12s. ; a Katch named William with her apurten., 501i. ; 
total, 14511. 15s. ; a small pcell woole, 5s. ; a old boate, 21i. ; total, 

14811. 

The children, or three of them, were married in town long since, 
the other abroad at sea. The eldest son was in England and the 
master of a ship. On 28 : 4 : 1659, it was ordered that the estate 
be left in the hands of the widow Elizabeth, for her necessities 
•while she lived, and be disposed of by the court at her decease. 

tinventory of the estate, taken Mar. 21, 1658-9, by John Mars- 

i^Aniograph. 



1659] RECORDS AND FILES 165 

tate, 581i. 2s. lOd. Two-thirds of it ordered to be paid toDamoris 
Mansfield, who was the wife of Timothy Laskin, son of Hugh Las- 
kin, deceased, and the rest to the wife of Henry Herricke, daugh- 
ter of Hugh Laskin, deceased ; Paule Mansfeild, husband of Dam- 
oris, to pay 51i. each to Timothy Laskin's two sons, John and 
Timothy, who were under the age of twenty- one years, 

ton* and Samuel Pickman :* A black dimicaster,t 8s. ; 3 1-4 yerds 
of mixt Lincie woolsey, 6s. 8d. ; 4 yerds of mixt kersie at 6s. ^ 
yerd, Hi. 4s. ; a wainscott chest, 5s. ; a red shagg cotton petticoate, 
6s. ; a mixt Woollen Whittle, J 6s. 6d. ; 6 ordinarie shifts & 6 ould 
shifts, los. ; 2 sives. Is. 6d. ; 9 pecks of Wheat eaten with Weev- 
ells, 2s. 3d. ; 3 Bushells of Mault, 12s. ; 3 Bushells of Indian 
Corne eaten with Weevells, 5s. ; a paire of Boddies & a paire of 
drawers, 3s. ; 3 small wedges & a beetle ring, 2s. 6d. ; a brass pann, 
10s. 6d. ; a pott of suger of about 9 lb., 6s. ; 3 brass kettles, 9s. ; 3 
Iron potts, 15s.; a brass Cullender, a brass Candlestick, & a pew- 
ter porringer, 2s. ; 3 pewter dishes & 1 small dish & a small bason 
& a boale, 8s. ; a Warming pann & a bell mettle morter, 8s. ; a 
fryeing pann, 11 bands, 2 capps, & 6 handkerchers, 2s. Qd. ; a pew- 
ter brimm bason, 2s. ; 2 pillow beares, 3 crosscloathes & a neck- 
cloth, 3s. ; a small box. Is. ; 2 spades & a dung fork, 2s. 6d. ; 3 
Bushells & 3 pecks of Mault, 15s. ; 4 pc. of porke, 2s. 6d., 3 pc. of 
bonie beoffe. Is. 6d., 4 pc. nought, 4s. ; 3 ould wastcoates, 2 ould 
blanckets & an ould Coate, 4s. ; 1 ould petticoate & 2 paire of 
breeches. Is. ; a small pott of butter & a gallon of oyle, 3s. ; a table 
& forme, a bedstead & 3 ould chaires, 17s. 6d. ; 2 mens Coates, 10s. 
ed. ; & a Cotton cloth apron, Is. 6d., 12s. ; 2 white woollen blanck- 
ets, 14s. & a white cotton sheete, 6s., Hi. ; fether bed & a flock 
bed, 31i. 10s. ; a fether boalster & a fether pillowe, 15s. ; a Canooe, 
14s., 2 ould Cushions, 2s., 2 axes & a hatchet, 2s., 18s. ; 1 ould 
crosscutt sawe. Is. 6d., a black brush & a towell. Is., 2s. 6d. j 2 
Cowles & a peck, 3s., & a loade of wood, 3s., 6s. ; a blewe Truck- 
ing cloth blanckett, 6s. ; 2 pitch forks. Is., 2 small cobb Irons, Is. 

6d., 2s. 6d. ; 2 paire of pott hookes. Is. 3d. & 2 hake., 2s., 3s. ; 

2 furrs, a testing fork & a paire of tongs, ; a smoothing Iron, 

4d. ; 2 paire of ould shooes & a paire of boots, 3s., 3s. ; cloth suite 
& a wastcoate, 18s. ; a mault mill, 21i. ; 2 Cowes, 61i. 15s. ; a paile 
& a Mawle, Is. ; a stone Jugg, blewe & white, 2s. ; a Tenn Acre 
Lott, 61i. ; 3 quarters of an Acre of Marsh in 2 pi.. Hi. 16s. ; money 
in his Pocketts, 91i. lis. ; A debt due from Mr. Edmond Batter,61i. ; 
a debt due from Mr. Henry Bartholmewe, 9s. ; A debt due from 
Tho. Hayle of Salem, 2s. ; total, 521i. 4s. lOd. Debts due from 
Willm. Hascal, 51i. 8s. ; a house plott in Salem, 10s. ; debt due 

•Autograph. 

tBeaver of inferior quality. 

JA shawl worn by women of the west counties of England. 



166 SALEM QUARTERLY COURT [June 

Jon. Godfery bound to appear at the General Court or Court of 
Assistants. 

Major Hathorne and the marshal to sell a ten-acre lot in the 
possession of Tho, Oliver for the use of the county ; and also a 
two-acre lot, which had been in the county's hands for some time 
past. 

from Eoger Hascall, 5 Bushels of Indian corne, 15s. ; total, 581i. 
2s. lOd. 

Petition of Damaris (her mark) Mansfeild. Her former husband, 
Tymothie Laskin, died, leaving two small children ; and the 
charges for the burial of her father-in-law amounted to 61i. 10s. 
The court was asked to settle the matter of the estate. 

Presentments, 27 : 4 : 1669, signed by Edmond Batter,* fore- 
man : — 

From Gloucester : — 

Town of Gloucester, for defects in their stocks. The stocks 
being mended, and the court satisfied, and the town is to pay 30d. 
fees. Wit : John Pearse. 

Town of Gloucester, for want of a bridge over the cut to the 
lands of William Stevens, respitted till next court in Salem, against 
which time he was to make the bridge, or the town to answer his 
presentment. Wit : John Pearse, William Vincen and Jeffery 
Person. 

From Lynn : — 

Wm. Craft, for a pound breach. Wit : Dan. Salmon and Franc. 
Burrell. 

Benjamin Chadwell, for smoking tobacco near a house amongst 
combustible matter. Wit : Fr. Burrell and Tho. Ivory. 

John Bread, for smoking tobacco near a house amongst combus- 
tibles. Presentment not found. 

Joseph Armetage, for drinking to excess. Confessed and was 
fined. Wit: Tho. Wheeler, GeorgKeisore and Ed. Richards. 

From Salem : — 

Sarah Clerk, for stealing a silk scarf from the house of Jno. 
Putname, jr. Confessed to Tho. Putnam. Fined. 

Rich. Stackhouse, for abusing the wife of Franc. Skery in say- 
ing that she was a blot and reproach to the church and a rotten 
member and a scandal to the Gospel. Wit : Hen. Skery and Keth- 
rine Howard. 

Wife of William Ellet for abusing the wife of Jno. Rayments, 
saying she was a fire brand of hell for her lying tongue. Wit : Jno. 
Rayment and wife of Edw. Bishop. To pay ten shillings or make 
acknowledgment at next lecture at Salem. She paid the fine and 
costs. 

•Autograph. 



1659] RECORDS AND FILES 167 

July 1, 1659, William Lord, sr., protested against any deed in 
his name to the use of the church of Salem, etc. 

Nicholas Phelps' wife lined lOli. for absence from meeting.* 

Tho. Putnam, Robert Rand, Tho. Farrer and John Vinton al- 
lowed witness fees. 

Mr. Gedney to be paid his due and expenses. 

Constable Scerry allowed 4s. for going to serve warrants at 
Marblehead. 

Servants of the house to have five shillings. 

Marblehead presentments to be heard by Maj. Will. Hathorne. 

Mr. John and Mr. Zarubabell Endecot and Danyell Samons fined 
for excessive drinking. 

Fined by the constable of Lynn, Tho. Newell : Thomas Browne, 
for drunkeness ; James Bety, for drinking and swearing ; and 
Galium Mackasascion and Anglish Mackakaion, for being drunk. 
Newell promised to pay. 

Fined by Major Hathorne, 4:1: 1658-9 : Mary Seers sentenced 
to pay to Mr. Corwin and to the country for receiving and dressing 
stolen goods in her house, etc., in the absence of her husband, and 
Robt. Lemon engaged to pay; Walter Joy fined for being drunk, 
and Tho. Pitman promised to pay; Tho. Payne fined for stealing, 
and his master and he agreed. 

Power of attorney given by Mr. Hugh Peeters to Mr. Charles 
Gott, " taken out of a booke of his written with his owne hands, 
being in my custody dated 

'• Salem : 27 : 5 : 41 

" If the Lord (continue my life, then I heareby doe Authorize 
them to doe in all my affaires, as yf I my selfe were present, as in 
looking into my house, to dispose of my ground, mill, & other 
things, as in wisdom they shall see meete. 

" Out of a private letter of his dated 20 : 2 : 52 

" I wish you all good, & pray you to sell my mill house or what 
you will, that may well be pted with." 

Copy made by Hilliard Veren, clerk. 

Indenture of Thomas Lyon, son of John Lyon, sometime of 
Marblehead, who bound himself by order of this court to Frances 
Collins of Salem, carpenter. Dated, Nov. 1, 1658. 

*Wit : Serg. Jno. Porter, Corp. Tho. Putnam, Nich. Potter and 
Ed. Batter. 



168 IPSWICH QUARTERLY COURT [Sept. 

Court held by Maj. William Hathorne, 3:8: 1659 :— 

James Smith to be summoned, having been called, and did not 
answer.* 

Richard Rowland admonished for sleeping in public service. He 
confessed that he slept sometimes.* 

Thomas Gray fined for swearing. Will Charles and John Codner 
promised to pay it.* 

Christopher Codner fined for striking Richard Reade with his 
hand. Wit : Erasmus James, jr.f 

Elias White and Will. Wood presented for striking each other 
in the ferry boat. White fined. | 

Tho. Pitman, constable, allowed two shillings for attendance, 
which was to be paid by the delinquents. 

Court held at Ipswich, Sept. 27, 1659. 

Judges : Mr. Symon Brodstreet, Mr. Samuell Symonds, Major- 
Genll. Denison, Mr. William Hubart and Maj. Will. Hathorne. 

Grand jury : Georg Giddings, Ens. Tho. Howlett, Renold Fos- 
ter, Symon Tompson, Edward Bragg, Jacob Perkins, Abr. Tappen, 
Dan. Thurston, Antho. Sumerby, Sam. Brocklebank, James Barker, 
Tho. Lever and John Ossgood. 

Jury of trials : Lt. Sam. Appleton, Joseph Medcalfe, Robert 
Day, Will. Addams, Serg. Tho. Clarke, John Whipple, Will. Titt- 
comb, Steph. Swett, Tristram Coffin, Will. Acye, Rich. Swann and 
John Tod. 

The constable of Topsfield fined for not making return of jury- 
man. 

Major-General Denison v. Samuell Symonds, gent. Trespass. 
For taking away a load of hay and grass. Special verdict : That 
if Mr. Wade's testimony concerning the bounds and Mr. Hall's 
concerning the bounds of Mr. Wiuthrop's farm be valid to prove a 
legal title, notwithstanding the opposition, together with possession, 
they find for defendant; if not, for plaintiff. The court found 
that the land on which the hay grew was the plaintiff's by many 
years' possession and within a fence set up by agreement between 

*Marblehead presentment. 

fWit : Tho. Ellis. Marblehead presentment. 

{Wit: Tho. Ellis, Jno. Codner and Edw. Reade. 



1659] BECORDS AND FILES 169 

them. Judgment for plaintiff. Appealed to next Court of As- 
sistants.* 



*Daniel Denisont deposed that July last was twenty-four years 
since " the line of partition between the farme granted to Mr. 
Dudley & myselfe and Mr. Winthrop & Mr. Wade was agreed to 
and concluded by Mr. Wade, John Gage & myselfe, there being also 
present as I remember Goodm. Perkins, Goodm. Shatswel & John 
Manning, which line was to run from a walnut tree then standing 
neere the now dwelling house of Willm. fellowes, through a glade 
or hollow in the Eagle's nest, where the fence now standeth to 
Labour in vayne Creeke. That the Lot layers (whereof John Gage 
was one, Mr. Dudley being also present) layd out our farme from 
the sd line & particularly from a straight red oake then standing 
in the glade (felled by mr. Eps about 3 or 4 yers since as I am in- 
formed) which was marked by them or by their orders. That our 
way to the farme being generally through the said glade or hollow 
close to the s*^ marked tree, and within 6 or 8 rod of the crotched 
tree, yet I never knew or observed any such crotched tree upon 
the Eagles nest nor ever heard of any bounds claimed to it til the 
last winter." Dated, Sept. 27, 1659. 

Jonathan Wade also swore that the discourse was not all upon 
one day, etc., in court at Ipswich, Sept. 27, 1659. 

Maj. Gen. Dennison's bill of costs : John W^est, 1 day, 2s.; 
Kobert Roberts, 2 days, 3s. ; fetching home a testimony from exe- 
ter, 2 dayes, 4s. ; Eichd. Brab : 2 dayes, 3s. ; The actions entring 
my owne attendance, 7 dayes, 20s. 6d. ; fileing 17 evidences, 2s. 
lOd. ; total, 35s. 4d. 

Elder Whipple, Mr. John Appleton, Theophilus Willson and 
Richard Brabrooke deposed that in July last, standing about the 
fence near William Fellows' house where they say the walnut tree 
stood, etc. Sworn in court at Ipswich, Sept. 27, 1659. 

John West deposed that about seventeen years before he lived at 
the Major-General's farm, having hired it, etc. The fence was made 
by ditching the meadow and by rails on the upland. Sworn in 
court, Sept. 27, 1659. 

John Gage, aged about fifty years, deposed, mentioning Mr. 
Wade, John Sechwell and John Manning. Sworn in court, Sept. 
27, 1659. 

Samuel Hall deposed that about twenty-three or twenty-four 
years ago Mr. Wiuthrop's farm was laid out. Richard Jacob was 
one of the lot layers, and they said that there was no need to mark 
the bound on that side for the tree was so obvious a mark, standing 
right in the line, etc. Sworn, Sept. 27, 1659. 

John Gregory, Gillicrest (his mark) Rosse and Phillip (his 
mark) Wellsh deposed that they heard Richard Brabrooke say, at 

tAutograph. 



170 IPSWICH QUARTEELY COURT [Sept. 

Mr. Eobert Payne v. John West. Debt. Withdrawn. 

William Fellows, tenant to Rich. Saltonstal, Esq. v. Henry Ben- 
nett. Trespass, for taking his hay off his land and by claiming his 
land for which he paid rent. Judgment for plaintiff. Defendant 
appealed to Court of Assistants.* 

their master Symonds' house, that the hay was his and he would 
haTe his pay for it, and that the Major had nothing to do with 
anything there vmtil some time in March. Sworn in court, 27 : 7 : 
1659. 

Corporal Gage deposed that the forked tree was the bound. 

Eichard Brabrook deposed that " last Spring when M' Symonds 
atached me about the land now in controversy I considering that 
I had but one yeare of my lease to come and that I was then re- 
moving to another farm I had hired and not willing my landlord 
should be wronged by my want of skil to deale in law and toavoyd 
trouble I did ||at that time|| upon these considerations give up all 
the interest I had in that land to my landlord, the proffit that 
would be of that ground for one yeare I know would be little or 
nothing to me," etc.; that he had known the farm for fifteen 
years, and there had always been a tall straight tree in the hollow 
of the Eagle's nest, until Mr. Eps felled it, etc. Sworn in court. 

Jonathan Wade,t George Giddinge,t John Dane,t Thomas 
Bishop,! Simon (his mark) Tomson, Daniel Hoveyt and Thomas 
Burnumf were appointed by Mr. Symonds to view the forked tree, 
etc., last of Sept., 1659. Sworn in court. 

John Gage deposed that he laid out the land, etc. Sworn in 
court. 

Eobert Roberts, aged about forty years, deposed that he had 
known the farm from the first, and for divers years was employed 
there to make hay and tend cattle in winter, when Mr. Winthrop 
made use of his farm, and for twenty-three years had never heard 
of any forked or crotched tree nor of any other but a line from a 
walnut tree near Goodman Fellows' house, etc. Sworn in Ipswich 
court. 

Jonathan Wade deposed that when laying out the lots they came 
to a walnut tree near the fence which is now between William Fel- 
lows and Henry Bennet, etc. Sworn in court at Ipswich, Mar, 29, 
1659. Copy. 

*Writ, dated, Sept. 22, 1659, signed by Eobert Lord,t for the 
court, and served by attachment of eight acres of laud, by Edward 
Browne,t marshal. 

William Fellows, aged about fifty years, deposed that about four- 
teen years since there being a fence to be made between Mr. Sal- 
tonstall and Mr. Wade, Mr. Saltonstall desired the deponent to go 
to Mr. Wade and Goodman Gage and ask to be shown the line now 

tAutograph. 



1659] RECORDS AND FILES 171 

Lt. Samuell Appleton v. John Foster. Trespass. For taking 
tobacco contrary to law. Verdict for plaintiff, 2001i. The parties 
agreed to call it 201i.* 

Zacheous Goold v. William Nicolls and Williana Clarke. Tres- 
pass. Withdrawn. 

Symon Tuttle v. John Haseltine. Trespass. For withholding a 
mare and mare colt. Verdict for plaintiff, 301i. if the mare and 
colt be not at Mr. Baker's within a month, f 

in question, which accordingly they did, etc. Sworn in Ipswich 
court, 27 : 7 : 1659. 

John Gage deposed that they altered the line somewhat when 
Mr. Wade's farme was laid out. Sworn in court. 

Kobert Roberts, aged about forty years, deposed that he had 
known this farme of Henry Bennett's which was formerly Mr. 
Wade's above twenty-four years, being employed there for five 
years, etc. Sworn in court. 

Jonathan Wade, sr., Samuell Graves and John Gage deposed. 
Sworn, 27 : 7 : 1659. 

Daniel Denison deposed that above twenty years ago while Mr. 
Dudley possessed the farm they cut the grass and made the hay for 
several years without any molestation, etc. That the line was 
between the two houses on the farms to Chebockqiie creek by the 
utmost point of an Island. Sworn in court. 

*Thomas Jakob, aged about eighteen years, deposed that upon 
some discourse with John Foster about the burning " of my uncle's 
barn," he said it should be a warning to him as long as he lived. 
Sworn in Ipswich court, 27 : 7 : 1659. 

Franses Walker deposed that immediately before his master's 
farm was afire, he saw John Foster smoking his pipe at a stump 
about a rod or two distant from the corner of the barn, where the 
fire started. John Foster told him immediately after the burning 
that it should be a warning to him as long as he lived, etc. Sworn, 
27 : 7 : 1659. 

Lt. Apleton affirmed that John Foster showed him a place near 
the barn where he took tobacco and, as he said, put out the fire of 
his pipe. 

tWrit, dated, Sept. 17, 1659, signed by Robert Lord,+ for the 
court, and served by Edward Browne, $ marshal, by attachment of 
house, barn and twenty acres of land of the defendant. 

Tho. LowthropJ deposed, Sept. 26, 1659, that the mare was once 
his, but went astray and was then in the custody of Goodman 
Gould. Mr. Tuttle was also present, and having been at some 
charge about the mare and colt, deponent fully gave them the colt 
for their trouble and charge. 

jAutograph. 



172 IPSWICH QUARTERLY COURT [Sept. 

Plaintiff's bill of costs : Thomas Giddings and Goodman Grifing, 
witness fees, and trips to Charleston and Komlemarsh. 

Sarah Martine, aged about twenty-six years, deposed that " I 
heard my father m'' John Tuttle & my mother his wife say y' y® 
Graye mare y* was some tyme kept at Cozens John Tuttles Farme 
att Eumlie Marsh was my brother Simonde Tuttles Mare & was 
giuen to him when she was a foule, and y® afores^ mare hath binn 
in my Brother Thomas Burnums keeping since my mother went for 
England." Sworn, 13 : 4 : 1659, before Val. Hill,* commissioner. 

Eobert Smith, aged about thirty -three years, deposed that " I live- 
ing with M" Tuttle (Symon Tuttles mother) about 8 or 9 yeare 
agoe I heard the abouesayd M'* Tuttle say that that young mare 
colt which was then in my sayd M" keeping which colt I was in- 
formed came of that stray mare that was challenged & had away by 
Capt. Lawtroope I say that he sayd M'^ Tuttle sayd that that mare 
colt was her son Symons colt this was when her husband M' Tuttle 
was in England, this colt was branded upon the neare shoulder with 
an E." Sworn in Ipswich court, Mar. 29, 1659. Copy. 

John Tuttle, aged about thirty-three years, deposed that " I heard 
my uncle M^Johu Tuttle & my aunt his wife say that that mare that 
Thomas Burnam fecht from my house at Eomle marsh was Symon 
Tuttle his mare & that he left one colt there with me being then 
about 4 years of age & that I have heard my sayd Aunt say since 
my Unckle went away, being in my unckles stead that this abouesd 
mare was her sonn Symons mare. And I further say that y^ sayd 
Burnam had," etc. Sworn, 21 : 1 mo : 1658-9, before Thomas Mar- 
shall, commissioner. Copy. 

John Giddings, aged twenty-one years, deposed that " I herd my 
Unkell Martyng Ask my grandmother Tuttell to let him have the 
gray mare that was sometimes kept at my Unkell Thomas Bor- 
noms," etc. Sworn, Sept. 20, 1659, before Samuel Symonds.* 

Thomas Giddings, aged about twenty-three years, deposed that 
" when my granmother Tuttell dwelt at Ipswich I hard hir say that 
the gray mare was her son Symons and it hath bin in Thomas Bor- 
noms keeping since my granmother went for England. The mare 
had been called Symons' by my unkell John Tuttell & by my Ant 
hanah" and others. Sworn in Ipswich court, 27 : 7 : 1659. 

Johanah Grene, aged fifty-nine years, deposed that •* when my 
sister Tuttell dwelt at Boston the same yeare she went to England 
she was saying shee would goo to Ipswich and I asked hir if she 
would goo By Boat or Ride And shee toald mee shee would Ride 
upon hir sonn symons meare which was at his Cosen John Tuttells 
at Romlie march." Sworn, Sept. 24, 1659, before Richard Russell.* 

Edward Hecock, aged twenty years, deposed that " 4 or 5 yrs. ago 
he heard M" Tuttle say that the mare & fole that was in my mas- 
ter John Tuttles keeping at Romlee Marsh was her son Symons & 
that Thos. Burnam took it from his masters farm & left them a 

*Autograph. 



1659] RECORDS AND FILES 173 

gray horse, at another time I heard his brother Tuttle say that the 
mare was his." Sworn, 21 : 1 : 1658-9, before Thomas Marshall, 
commissioner. Copy. 

Humphry Grifing, aged fifty-three years, deposed, that " before 
Mistris Tuttell went for Irland," etc. Sworn in Ipswich court, 
27 : 7 : 1659. 

Mary Biirnam, wife of Thomas, aged thirty-five years, testified, 
" that twice in that letter my mother sent in answer to my husband 
when she was readi to goe out of cuntry my mother called the ould 
mare and colt part of her husband's estate." Sworn in Ipswich 
court, Apr. 29, 1659, by Thomas and Mary Burnam. 

Letter addressed "To her louing Son Gorg Giding dwelling In 
Ips in Newengland these:" 

" Sone Giding and dauter 

" these are to lett you understand that the lord hath taken to 
himself my deare husband & left me disolat In a Strang land and 
in dept by Reson of Simans keeping the Returnes from barbadous, 
grife that || he i| hath taken for his to sonns hath brought || upon 
him II a lingring deseas lost his stomuce and pined away never sick 
tell the day before he died which wos the 30th of december I pray 
talke II with || M'^ Jeuett about that which I left with you & him 
this 3 yeares. I have nott hard of any thing that he hath done I 
cannot hear of the cattell nor what increas the mare hath nor the 
Rent I pray lett things be Ready for I have wright to John law- 
rence to take them into his hands if Simon ore John should com 
lett nott them medell with any thing there, my husband hath given 
them som thing in his will which I shall paie them, now I will keep 
the state in my one hand as long as I live it may be I may se new 
ingland againe I pray louke to my house that it be nott Reuined, 
hanna is to be maried shortly to a good husband one that lous her 
well and a hansom man she is a great comfort to me, I sent Jane 
a smale token by M' weber that went from hence to Jeimcas and 
so to new england I like lerland very well we haue had nether 
frost nor snow this winter butt very tempeat weather which agrees 
with me well my husbands death went neare, the lord give me good 

of it & make up my losse in him self e a teach this sharp Rod to 

submit to the will of my god that I had need of it I pray Re- 
member me att the throne I should be glad that you would 

Right to me that I may heare from you I haue not one letter this 
yeare which I wonder att Remember me to all yours and to all my 
frinds that aske of me, no more att present butt the lord bless you 
with all sprituall blessings in heavenly things in Christ which is 
the prayer of your afecinat mother 

« Joanna Tuttell* 

" hanna Rem her kind loue to you & all yours 

« Carrickfergus the 6*^ of Apriell 57." 

•Antograph. 



174 IPSWICH QUARTERLY COURT [Sept. 

Thomas Bishop v. John Applefourd. Debt. Verdict for plain- 
tiff.* 

Letter addressed '' To my Deare & Louing Daughter Jane Gid- 
ding att Ipswich in New England, These :" 

" Dauter Jane hauing an oportunity I could nott omit to lett 
you understand that we are all in good health blessed be god. I 
hop you Eeceaved my last dated in february wherin I wrigbt larg- 
ly which now I shall omit god hath dealt graecously with me and 
fred me of the troubles of the world the lord giue me grace now 
to spend the litell time I haue to line, more to his glory the letter 
I Eeceaved from you I lay by me as a cordiall which I often Re- 
fresh my selfe with If you know how much it Rejoyced me to 
hear from you, you would nott omite I pray lett me hear how your 
breach is made up in Respect of the minstrey which I long to hear, 
if you haue M' Cobete I pray present my loue to him and tell him 
I Hue under a very honst man, wher I inJoy the ordinances of god 
In new england way we want nothing but more good company the 
lord increace the number, Jaen I pray iutreat your husband to 
looke to oure besines I hear Richard Schwell hath paid noe Rent 
I pray speake to him and gett it 48^' send me word what increase 
ther is of oure mare and whether Thomas Bornum have groucelled 
the house ore not simon deals very bad with his father he lies at 
Barbados and sends noe Retorns butt spends all, his father will 
haue no mor goods sent to him, I could wish I had no such cause 
to writ I thinke he & John intends to undoe ther father, Jane 
you haue || many || sons the lord blese them & make them comforts 
to you & nott such aflictions as ours are I haue done only my 
dear & harty loue to your hussband & selfe and children I leav 
you to the lord how is abell to keep and preserve you to his heau- 
enly kingdom which is the prayer of your dear and louing mother 

" Joanna Tuttellj 

*' Carrickfergus 
" Oct the 3d 56 
" my deare loue to you yo'" husband and yo'"s. 

J. T." 

Written on reverse of letter : — 

" Hatts a combe : yarde a nayld of sea : yard & 3 qua 

for beck — 5 yards english mohire triming 4 yard haf lase at 6*^ : 4 

yards of lac for my wife becks to 4 yards lace & someth to 

border it: silck to set it on 3 yards for abbegal coat 2 yard of serge 
for a dublet for mee a knife for James and a incorn for Sam Simon 
a shirt hollen at 4»or dowles 3 yr half apern strings for Abys aporn 
also a good peniston to make my wife a wascoate with triming 
for it. Starch 21. uoros blell clasp for wascoat." 

*Robbert Powell deposed that John Appleford received of Thomas 

tAutograph. 



1659] RECORDS AND FILES 175 

John Baker v. Corp. John Andrews. Trespass. For taking and 
marking his heifer. 

Frances Ursellton v. John Godfrye. For not performing a sum- 
mer's work. Verdict for plaintiff. 

Serg. Thomas Hale v. Joseph Mussey. Debt. For ten bushels 
of wheat promised to be delivered to Mr. John Webb of Boston. 
Verdict for plaintiff. Two cases.* 

Bishop of Ipswich some particular goods, two great bars of iron, 
two pieces of serge, dimity, canvas, napkins, silk, powder, steel and 
a shirt cloth. Sworn in Ipswich court, 27 : 7 : 1659. 

Writ, dated, 29 : 4 : 1659, signed by Hillyard Veren,t for the 
court, and served by Samuel Archard,t marshal. 

Issack Ong deposed that he met with John Godfere at Goodman 
Parllys when he came out of Ipswich jail and he said he was en- 
gaged to work for Uselton all summer. Also for the want of 
twenty rods of two rail fence he suffered damage from a cow, etc. 
Sworn in Ipswich court, 27 : 7 : 1659. 

John Howf deposed that Godfree engaged to work for Usseltuns 
from the fifteenth or twentieth of April until Michaelmas, and was 
to receive eight shillings per week, and that he had received 411. 
14s., in consideration of service, etc. Sworn as above. 

Danill Black and John Baker, jr., deposed that being at Goodman 
Usselton's house, they saw that about six acres of corn was spoiled 
for want of tending with the hoe, etc. Sworn in Ipswich court. 

*Writs, dated, Sept. 5, 1659, signed by Anthony Somerby,t for 
the court, and served by Anthony Morse, sr.,t constable of New- 
bury, by attachment of two cows of defendant. 

John Knight deposed that being at Steven Swett's house about 
the middle of January last, he heard the bargain between Hale and 
Muzzy, etc. Sworn in Ipswich court, 27 : 7 : 1659. 

Henry Jaques and John Halle deposed that Thomas Hale, sr., 
asked Joseph Mozey what had become of the ten bushels of wheat 
which he promised to send to Boston for him. He said he sent it 
down according to orders and that it was for him, etc. Sworn in 
Ipswich court. 

Bill of charges : To Newbury to serve the attachment ; and go- 
ing to Newbury to summon two witnesses ; total, 41i. 14s. lOd. 

Walter Price, aged about forty-six years, testified that about 
Nov. 30, last, Joseph Mussy, being at deponent's house with Ser- 
geant Heale, said that the ten bushels of wheat were ready at Bos- 
ton, 24 : 7 : 1659, etc. Sworn, 24: 7 : 1659, before Wm. Hathorne.t 

Theodore Price, aged about sixteen years, deposed that Joseph 
Mussy and Sergeant Hale were at his father's house, etc. Sworn, 
24: 7: 1659, before Wm. Hathorne.f 

tAutograph. 



176 IPSWICH QUARTERLY COURT [Sept. 

Joseph Mussey v. Serg. Thomas Hale. For unjust molestation. 
Verdict for defendant. 

Apphia Hale, aged about seventeen years, deposed that being "in 
her father's house with her father and Joseph Mussy of Newbery, 
Mussy agreed to make it good if the wheat did not arrive at John 
Webb's in Boston. Sworn, 26 : 7 : 1659, before Wm. Hathorne.* 

Fragment of a letter on reverse of above deposition : — 

"passes by my Infirmities I desire that I may regu him w*h 

true & f aithf ull seruice I thanke god they haue att the Charge 

to sett mee to schoole & through my master's diligenc w* mee and 
gods Blessing I have greatly Benefitted myselfe for my time but I 

hope hereafter to show better fruits of my learning then eise 

are I would desire yo° good Mother to send my master Tenn shil- 
lings for my Arithmatique w'^h you promised to send the last mid- 

sommer I pray bee not kward for my preferment for I hope 

to bee a comfort to yo" in yo'" old age Allso I would desire yo" 

Apparrell me Like an App''ntice for yo" know how ave it was 

w^'h I brought I pray Mother that w'^h doe lett itt bee done 

ChearefuUy that soe itt may encourage my unkle & Aunte to Con- 
tinue their loue towards mee Thus desireing yo' loue & your 

prayers the Allmighty for mee I for thes time rest but neuer 

Cease to bee " 

Mathew Moors deposed that being hired by Joseph Muzzy, May 
3 last, with Abraham Wa.ker to go to Flome Hand to fetch some 
cattle which Muzzy said should be for Goodman Hale if he could 
find them, they were so wild he could not bring them. Said 
Joseph and deponent the same day drove a parcel of sheep and a 
horse colt to Steven Swett's house where Goodman Hale was ; a 
little before they came to the house, deponent saw him there, but 
when they came to the house he was gone, etc. Sworn in Ipswich 
court, 27: 7 : 1659. 

John Knight deposed that the last of March or beginning of 
April, Joseph Muzzey desired deponent to go to Boston and it was 
found that Mr. John Webb had received the wheat, etc. Sworn in 
court. 

Bond of Joseph Muzzey* of Newburrey to Thomas Hale of 
Salem, for 281i. 10s., to be paid in a mare of his, now in the 
woods, and the remainder in young cattle, as soon as she can be 
found to be delivered to Thomas Hale, jr., of Newbury, etc. ; dated, 
Nov. 30, 1659. Wit : Wa. Price* and Theodore Price.* 

Writ, for debt, dated, Sept. 5, 1659, signed by Anthony Somer- 
by,* for the court, and served by Anthony Morse, sr.,* constable of 
Newbury, by attachment of house and land of defendant. 

John Hale* deposed that he received a note from his father, 
Thomas Hale of Salem, to tell Mussey he should not come to 

•Autograph. 



1659] RECORDS AND FILES 177 

John Andrews v. Rich. Brabrooke. Trespass. For damage done 
in his corn by hogs. Withdrawn. 

Alexander Knight v. Robert Collings. For breach of covenant, 
forfeiture of a bond. Verdict for defendant.* 

Thomas Lufkin v. Lt. Sam. Appleton. Trespass. For attaching 
a cow which he bought of John Foster, and detaining her. Verdict 
for defendant. 

Richard Coye had his license to keep an ordinary and to draw 
wine and strong water at Wenham renewed for one year. 

Court confirmed administration granted by Hon. Samuel Sy- 
monds and Major-General Denison to Robert Clements upon estate 
of his brother, John Clements. Inventory brought in, amounting 
to six score and ten pounds. 

Mathew Moores of Newbury, bound to good behavior, was 
discharged. 

Corp, John Andrews and Anthony Crosby bound for Andrews' 
good behavior. 

Will of Henry Travers presented, not proved ; administration 
was granted to his widow, Bridgett, now wife of Richard "Window. 
Nicolas Walington, who married his daughter, Sarah Traverse, had 
already received three pounds, and the court ordered the adminis- 

Salem, and that he would withdraw his action. Henry Jaquis de- 
posed the same, etc. Sworn in Ipswich court, 27 : 7 : 1659. 

Mathew Moores and William Neph deposed that on May 3d, 
last, they went with Joseph Muzzey to Henry Jaques' house and 
drove a yearling horse colt and twenty sheep to Goodman Hale's in 
payment of bill, etc. Sworn in Ipswich court. 

* Articles of agreement between Alexander Knight and Thomas 
(his mark) Rowellf and Robert (his mark) Collings, all of Ips- 
wich ; farm let and lease of all of Knight's land in Ipswich, 
except two acres and his house lot, also two oxen, two plows, cart, 
sled, yokes and chains, for seven years, for sixteen pounds, and 
corn and hay sufficient in the judgment of Richard Kemball and 
John Gage for the wintering of three cows ; also to plow the two 
acres and his house lot twice a year, and to bring him his firewood ; 
also to carry him a load or two of clay if he need it ; dated, Feb. 
19, 1656. Wit : Robert Lordf and William Norton.J Mr. Payne's 
land mentioned. 

Bond of Thomas Rowell and Robert Collings. Wit : Robert 
Lord J and William Norton.J 

tSeal. 
JAutcigraph. 



178 IPSWICH QUARTERLY COURT [Sept. 

tratrix to pay them twelve pounds more, and to the son, James 
Traverse, thirty pounds when he comes of age, and the rest of the 
estate, which amounted to 921i., to the widow, the land to stand 
bound for the children's portion. 

Frances Urselton, having attached John Godfry and action not 
entered, Godfry was allowed costs. 

Luke Wakeling was released from training, paying one bushel of 
Indian corn a year to the use of the company. 

Francis Urselton, bound to good behavior, was discharged. 

Francis Plumer of Newbury released from training, paying eight 
shillings per year to the use of the company. 

Robert Punell was committed to house of correction for contempt 
of court. 

Richard Shatswell fined for contempt of court, in charging his 
servant, Robert Punell, not to answer the court. He acknowledged 
his error, and the fine was remitted. 

John Haseltine, for his venter of the mare and colt he bought of 
Marchent Jewett of Mr. Tuttle's goods, and his cost being recovered 
out of his hands by Symon Tuttle, the court allowed him to be paid. 

Whereas Mr. John Tuttle died in Ireland about two or three 
years ago, and there being no will or administration and the heir 
appearing and desiring to have the house and land which was his 
father's, the court ordered that if the heir, Symon Tuttle, gave 
security to repay the rent he shall receive and keep the house in 
repair, he might take the estate into his possession until the court 
takes further order, the widow's thirds being reserved during her 
life. Thomas Bishop was the surety. 

William Hobson of Rowley died intestate, and administration 
upon his estate was granted to his widow. An Hobson. Amount 
of inventory, 44611., clear estate. Three children. Division : To 
eldest son Humphry, ISOli. ; and the two younger sons, 731i. each, 
when of age ; rest of estate to the widow, who was to retain the 
whole in her hands until the children are of age. Elder Reiner 
and Maxirailion Jewett, overseers. If An should change her estate, 
she was to give security for payment of the children's portion. 

Corp. John Andrews petitioned the court to abate his fine. 

Humphry Griffen was fined for receiving cattle under execution, 
and bound to good behavior.* 



*Robert Payne deposed that Goodman Griffin came to his house 



1659] RECORDS AND FILES 179 

Richard Shatswell fined for taking a load of hay from Walter 
Eoper.* 

Arther Sanden of Marblehead, who keeps an ordinary there, was 
licensed to sell wine and strong water until next court, and if the 
town does not approve to notify Major Hathorne and William 
Browne, that they might be present at a meeting when nominationa 
were made. 

William Young, servant to Mr. Symon Brodstreet, sentenced last 
court for fornication, and bound in forty pounds, forfeited his bond 
for his non-appearance in this court, etc. 

Mr. Baker of Ipswich and Stephen Swett of Newbury had their 
licenses to keep ordinaries and sell wine and strong water renewed 
for one year. 

John Foster acknowledged judgment to Lt. Samuell Appleton. 

Humphry Griffen bound to good behavior until next court at 
Ipswich. 

and told him he had been with Mr. John Appleton and he had a bill 
in his pocket for barley, etc. Sworn in Ipswich court, Nov. 28, 
1659. 

John Appleton, aged about thirty-six years, deposed that Hum- 
phery Grif&n came to deponent's house and told him that he was 
at his mercy, etc. Sworn in Ipswich court, 25 : 9 : 1659. Hum- 
phery Griffin also owned it. 

Nathaniell Rogers , aged about twenty-four years, deposed that 
being at Lt. John Appleton's house, Humphrey Griffin came into 
the room where he was and told Mr. John Appleton that he was at 
his mercy now for the barley, for he had a bill in his pocket for the 
barley from Mr. Paine or Goodman Lord. 

Humphery Griffin owned this in court at Ipswich, 25 : 9 : 1659. 

*Robert Pun ell testified that his master, Richard Shatswell, 
called him up in the night and they brought a load of hay from 
the stack that Walter Roper stacked up by his corn side and un- 
loaded it in his master's barn by the break of day. 

Walter Roper, aged about forty-six years, deposed that he heard 
Robert Punell say that deponent's hay was in his master's barn, 
etc., that Punell said he was afraid his master would desert him as 
he did about John Kimball's rope. He told deponent and Haniel 
Bosell that he would confess the whole truth, but for one thing. 
Sworn in Ipswich court, 27 : 7 : 1659. 

Joseph Browne deposed that going to his father's marsh, he spoke 
with Robert Punell and asked him whether his master Satchwell 
and Goodman Roper had agreed. He answered that they had not, 
and deponent told Punnell he had better confess the truth, if he 
knew it. Sworn in Ipswich court, 27 : 7 : 1659. 



180 IPSWICH QUARTERLY COURT [NoV. 

COTJBT HELD AT IPSWICH, 24 : 9 : 1659. 

Newbury, presented for defect in highways, was ordered to lay- 
out a new one or mend the old one by the next court in March. 

Kobert Lord, jr., and Thomas Lord made free. 

Daniell Epps deposed that being at Thomas Kemball's, in Hamp- 
ton, he was desired to write a bill between him and John Woolcott 
of Newbury, which was for a house and land sold by Kemball, ly- 
ing in Wells, Yorkshire, for eighty pounds, twenty pounds of which 
to be paid first of next May in cattle delivered at Newbury, and the 
remainder in corn and cattle at Kowley. Sworn in Ipswich court, 
27 : 1 : 1660. 

Daniell Wikcum fined for entertaining men's sons and servants 
at an unseasonable time in the night and for excessive drinking. 

Thomas Alice fined for being drunk. 

John Burbanke and Edward Neland fined for excessive drinking. 

Ordered that Mr. Robert Payne, treasurer of the county, call in 
the balance of the accounts from the old treasurer, Mr. Batter, and 
pay a bill allowed by court to Theophilus Willson. 

Edward Chapman, having received the part of the estate given by 
Marke Symonds to his children, bound to the county treasurer his 
house, which was late Mark Symonds, and twelve acres of land in 
common on north side of the river for payment of the children as 
they come of age, in all sixty pounds. 

Symon Day for abusing Thomas Fiske in Mr. Newman's house 
bound to good behavior, and ordered not to stay in Wenham, but 
only to pass through. 

Administration on the estate of Thos. Abbott granted to his 
widow Dorothy, his will naming no executor. 

Mr. Willson is to get locks to secure the prison, and " what is 
wanting else to make y® dores and prisson strong." 

John Smith discharged of his presentment. 

Humphry Griffen was admonished upon his presentment 

Court allowed six shillings and eight pence to the house. 



Births in Andover, 1659 : — 
Mary Chandler, daughter of William and Mary, July 5. 
Mary Engolls, daughter of Henry and Mary, Jan. 28. 
Timothy Osgood, son of John and Mary, Aug. 10. 
Steven Barker, son of Richard and Joanna, July 6. 
William Chandler, son of Thomas and Hanna, May 28. 



1659] RECORDS AND FILES 181 

Court adjourned to the next fourth day of the week, at noon, at 
Salem. 

Samuell Parker, son of Joseph and Mary, Oct. 14. 

Amy Graves, daughter of Mark and Elizabeth, June 20. 

Sara Young, daughter of William and Sara, born in June, 1650. 

Marriages in Andover : — 
William Chandler and Mary Deane, Aug. 24, 1658, by Mr, Simons. 
Robert Russell and Mary Marshall, July 6, 1659, by Mr. 
Bradstreet. 

Deaths in Andover, 1659 : — 
Thomas Chandler, son of Thomas and Hannah, June 6. 

Births in Rowley, 1659 : — 
Hannah Brocklbank, daughter of Samuell, Mar. 28. 
Phillip Nellson, son of Mr. Philip, Apr. 16. 
Rebekah Elsworth, daughter of Jeremiah, Mar. 2. 
William Hobson, son of William, May 24. 
Mary Tod, daughter of John, June 10. 
Thomas Remington, son of Thomas, July 15. 
Margreet Hidden, daughter of Andrew, July 28. 
George Philips, son of Mr. Samuel, Nov. 23. 
Mary Elithorp, daughter of Nathaniel, Jan. 4. 
Elizabeth Johnson, daughter of John, Jan. 16. 
Isaack Kilborue, son of George, Jan. 26. 
John Law, son of William, Mar. 1. 
Ann Pickerd, daughter of John, Feb. 15. 

Marriages in Rowley, 1659 : — 
Thomas Burkbee and Sarah Kellee, Apr. 15. 
John Mighell and Sarah Batts, July 6. 
Thomas Nellson and Ann Lambert, Dec. 10. 
Mr. Anthony Crossbee and Prudence Ward, Dec. 28. 

Burials in Rowley, 1659 : — 
Thomas Dickinson, son of Thomas, Mar. 30. 
Jaine Lambert, June 7. 
William Hobson, July 17. 
Thomas Abbot, Sept. 7. 
Mary Plats, Nov. 11. 
Mary Dreser, daughter of John, Nov. 27. 
Elizabeth Stickuey, daughter of William, Dec. 4. 
Jonathan Dreser, son of John, Dec. 10. 

Marriages in Newbury, 1659 : — 
Caleb Moody and Sarah Peirce, Aug. 24. 
William Bolton and Mary Denison, Nov. 22. 
Benjamin Roafe and Aphia Hale, Nov. 3. 
John Browne and Mary Woodman, Feb. 20. 
William Bingly and Elizabeth Preston, Feb. 27. 
John Bartlet and Sara Knight, Mar. 6, 1659-60. 



182 SALEM QUARTERLY COURT [NoV. 

Court held at Salem, 29 : 9 : 1659. 

Judges : The Worshipfull Mr. Samuell Symonds and Danyell 
Deny son, Maj.-Gen., and Maj. Will. Hathorne, Assistant, 

Grand jury : Mr. Walter Price, Ensigne Dixy, Nathanyell Putnam, 
Frances Skerry, Thomas Spooner, Thomas Antrum, Richard Bishop, 
Thomas Millet, sr., Mr.Moses Maverick, William Bennett,''Mr.Charles 
Gott, Robert Mansfeild, Jarrett Spencer and Richard Johnson. 

Jury of trials: Henry Skerry, Joseph Boyce, Humphry Wood- 
bery, Samll. Corning, John Putnam, William Flint, Clement Coldum, 
Richard Coye, Edward Baker, John Mansfeild,^ William Longly 
and John Burrell. 

Civil cases : — 

William Browne of Gloster v. Richard Waite. Eor not taking 
sufficient security for Thomas Butts' appearance.* 

Deaths in Newbury, 1659 : — 
William Titcomb, June 2. 
Mary Sawyer, daughter of Will., June 24. 
John Tharley, July 4. 

Mary Tharley, daughter of Francis, Aug. 26. 
Jane Bolton, wife of William, Sept. 6. 
Sara Pike, daughter of John, Nov. 19. 
Mr. Cutting, Nov. 20. 

Jonathan Bartlett, son of Christopher, Dec. 7. 
Timothy Morse, Dec. 10. 

Elizabeth Woodman, daughter of Edward, Dec. 27. 
Edward Woodman, son of Edward, Dec. 29. 
Hanna Sawyer, daughter of Willm., Jan. 20. 
Francis Sawyer, son of Willm., Feb. 7. 

Births in Newbury, 1659 : — 
John Wallington, son of Nicholas, Apr. 7. 
Abigail Noyes, daughter of Nicholas, Apr. 11. 
James Coffin, son of Tristram, Apr. 22. 
Ruth Blomfeild, daughter of Tho., July 4. 
Sara Webster, daughter of John, July 31. 
William Titcomb, son of William, Aug. 14. 
William Savory, son of Robert, Sept. 15. 
Nathan Wheeler, son of David, Dec, 27. 
Mary Roafe, daughter of John, Jan. 20. 
Sarah Short, daughter of Henry, Jan. 29. 
Richard Jackman, son of James, Feb, 15, 

Anthony Somerby,t Town clerk. 
*Writ, signed by Jonath. Negus, t for the court, and served by 

tAutograph. 



1659] RECORDS AND FILES 183 

William Nick v. Edraond Nicholson. Eor molestation. With- 
drawn. 

John Blany v. Joseph Rock. For withholding pay for two hogs- 
heads of tobacco sold him to the value of eleven pounds. Verdict 
for plaintiff. Court dissented.* 

Moninah and Mungaly, negroes v. Mr. Samll. Bennett. Their 
mare with foal was drowned in a pit dug by defendant and left 
uncovered. Withdrawn.! 

attachment of house, 10 : 9 : 1659, by Simon Lynde,{ constable of 
Boston. 

Petition of Rich. Wayte,J marshal, to court at Salem, asking a 
continuance of the case as he had been called to wait on Major 
Atherton, who was by the General Court sent to Hampton on the 
country's occasion. 

Writ : William Browne v. Thomas Butts ; money due ; dated, 4 : 
9 : 1658 ; signed by Jonathan Negus, for the court ; and served by 
Rich. Wayte, marshal. George Dobson, surety for Butts. Copy. 

*Writ, dated, 22, 9 : 1659, signed by Jonathan Negus, $ for the 
court and served by Rich- Wavte,| marshal. Bond of Joseph 
Rock,! dated, 23 : 9 : 1659. 

" Jon. Blanye's bill of cost. Hi. 9s. lOd. 
1650 M"- Joseph Rock D'^ 
N° 1. To a hhd. of tobackoe wayeing neat SOO^'' att lb. 

4^ y« pond is 5:0:0 

N" 2. To a hhd. of tobackoe waying neat 290 ^^ att 

4^1 y« pnd is 4 : 16 : 8 



sura is 09 : 16 : 8 

" errours excepted " 

Jon. Hathorne, aged about thirty-eight years, deposed that he 
heard Blaney demand his pay of Rocke, and Rocke answered " its 
true I had tow hodghedds of tabocko of you but I have payed you 
for it I doe not owe you this and gave a snapp with his finger, 
many other words past between boath partye which I spare here to 
rehearse," etc. Sworn by Hathorne and also John Tuttle, 29 : 9 : 
1659, before Hillyard Veren,]: cleric. 

Joseph Rock testified that he had in the last nine years sold 
Blanoh goods on his own account, and that he never demanded 
anything of deponent until within a fortnight. 

f Writ : Moninah and Mungaly, formerly " neager " servants of 
Captain Bridges v. Samuell Benitt ; dated, 21 : 9 : 1659 ; signed by 
Will. Longley,t for the court; and served by Theophylus Baley,J 
constable of Lynn, by attachment of marsh. 

JAutograph. 



184 SALEM QUARTERLY COURT [Nov. 

Maj. William Hathorne, attorney to Mr. Bex & Co. v. Benjamin 
Gillam. Debt. For forty -five pounds for the purchase of land.* 

John Fuller v. Serg. Eichard Jacob. Trespass. For damage in 
plaintiff's corn.f 

*Writ, dated, 22 : 9 : 1659, signed by Hillyard Veren,t for the 
court and served by Rich. Wayte,J marshal. 

Ben. Gillam'sJ bond. 

fWrit, dated, 24 : 9: 1659, signed by Robert Lord,t for the 
court, and served by Edward Browne, J marshal. 

Copy of General Court's order to towns, concerning fences, taken 
out of town book of Ipswich, by Robert Lord.]: 

John Andrews,! John (his mark) Chote and Samuel Ingels,^ 
chosen to appraise damage done by cattle, reported no less than 
twenty bushels of corn, Nov. 27, 1659. Sworn before Daniel 
Denison.J 

Roburt Kinsman] and John Low,t chosen by Richard Jacob to 
view the fence, testified that Fuller's fence was insufficient, having 
" only bows without any stakes and the bows very Rotten, in on 
place there was an ould Tree and a Raile only Laid upon that," etc. 
Sworn before Hillyard Veren,J cleric. 

Thomas Bishop and Thomas Low deposed same, Nov. 25, 1659. 
Sworn in court, 29 : 9 : 1659. 

Thomas Bishop deposed that John Fuller told him that the fence 
was insufiicient, and that it was not his, but Goodman Andrews. 
Sworn in court, 29 : 9 : 1659. 

John Fuller's bill of costs, 21i. 8s. 4d. 

John Andrews, aged about forty-five years, deposed that John 
Fuller sent one son to the pound with cattle and another son to 
Sergeant Jacobs to give him notice that his cattle had gone to the 
pound, etc. Sworn before Daniel Denison.J 

Daniel Hovey, aged about seventeen or eighteen years, deposed 
that, plowing for John Fuller three or four days in planting time, 
he had occasion to notice the fence and that it was secure, etc. 
Swoi'n before Daniel Denison.J 

John Chote deposed. Sworn in court. 

John Dilly deposed that he turned out two oxen and two young 
cattle from John Fuller's field of corn joining Corp. Andrews' 
farm, and driving them out, they went through a place in the fence 
where there was a log in the bottom and a bow turned inward. 
There was a beaten path there. Sworn, Nov. 28, 1659, before 
Samuel Symonds.f 

Nathaniel Emerson,] aged twenty -eight years, deposed about the 
fence. Sworn, 9 : 27 : 1659, before D. Denison.J 

James Younglove, aged twenty-seven years, herdsman, deposed 

JAutograph. 



1659] EECORDS AND FILES 185 

Frances Vsselton v. John Godfery. Debt of five pounds for five 
months' service. Nonsuited.* 

John Godfry's bill of costs, 14s. 4d. 

Joseph Armytage v. John Buckman. For six pounds which he 
promised to pay plaintiff in behalf of William Buttler.f 

that when he kept the herd on the south side of the river, etc. 
Sworn before Daniel Denison.f 

John Andrews, aged about thirty-one years, deposed that he was 
desired by John Fuller to view and appraise the damages, etc. 
That the fence was as good a five-rail fence as he ever saw ; that 
there were 40 or 50 bushels of corn destroyed and as many turnips. 
Sworn in court at Salem, 28 : 9 : 1659. 

James Fuller, aged between fourteen and fifteen years, deposed 
that being sent by his father to Sergeant Jacobs to call him to ap- 
praise the damages, etc., that he was not at home, and so he left 
word for him to come in the morning ; this was about four or five 
days after the cattle were in the corn, etc. Sworn, 9 : 27: 1659, 
before D. Denison.$ 

John Choate deposed, Nov. 28, 1659, that going one morning 
before the sun to look to his cows, hearing a bell in John Fuller's 
corn, he went into the corn and found twenty-two head of cattle 
and went to drive them out. Some of them leaped over as sufiicient 
a fence as deponent ever saw. The foremost pushed down the 
fence, and the rest followed ; he took them to be Serg. Jacobs' 
cattle, etc. Sworn before Daniel Denison.J 

Samuell lugalls deposed about seeing the cattle in the corn, and 
Serg. Jacobs owned fifteen of them were his father's. Sworn, 9 : 
27 : 1659, before D. Denison.t 

*Writ : Francis Uselton v. John Godfrye ; for five months' ser- 
vice ; dated, Oct. 3, 1659; signed by R. Lord, | for the court ; and 
served by Edward Browne, J marshal, by attachment of a piece of 
kersey, a rug and some cotton cloth. 

t Writ : Joseph Armitage v. John Buckman ; debt ; dated, 24 : 9 : 
1659 ; signed by Jonath. Negus,| for the court ; and served by Henry 
Rhodes,! constable of Lynn, by attachment of a boat of six or 
seven tons. 

Joseph Armitage's bill of costs. Hi. 10s. 4d. 

Jno. Blany, aged twenty -nine years, deposed that about Michael- 
mas time he heard Joseph Armytage demand of John Buckman 
five pounds which Wm. Buttler owed him ; he said he would pay it, 
although he took his wife bare, without anything.§ Sworn in court. 

Richard More testified to same. Sworn in court. 

William Edmunds, aged about forty -two years, deposed that he 
went with Butler to Armitage's. Butler was in Armitage's debt, 

JAutograph. 

§ i. e. a " smock marriage." See Essex Antiquarian, Vol. I, p. 57. 



186 SALEM QUARTERLY COURT [NoV. 

Captayne Thomas Lathrop v. John Norman. For not finishing a 

house according to agreement.* 

Thomas Joanes v. Frances Usselton. Debt. Two cases. t 
Koger Preston v. William Cogswell; For not paying for fence 

which plaintiff placed upon his ground, according to agreement.^ 

and Butler set his hand to Armitage's book. Deponent witnessed 
it. Sworn, 27 : 1 : 1652, before Robert Bridges. Copy. 

Joseph Armitage V. Increase Nowell, executor to Wm. Butler; 
debt for not finishing the frame of a house ; also a book debt. 
Copy of Ipswich court records, 18 : 9 : 1659. 

*Writ, dated, Nov. 2, 1659, signed by Hillyard Veren,§ for the 
court, and served by Samuel Archard,§ marshal. 

Edward Woollen, aged thirty-four years, and John Becket, aged 
thirty-two years, deposed that being at Lt. Lowthrope's house about 
last March, 1658, they heard John Norman say if Lawthrop would 
pay a debt about which they were discoursing, he would finish the 
house that was appointed for Mr. Jeremiah Hubbard to live in, by 
the latter end of April or the midst of May, and called them to 
witness the agreement. Acknowledged in court. 

On 29 : 9 : 1659, Thomas (his mark) Chubb, Zacariah (his mark) 
Herrick and William Seargant,§ appointed to view the work done 
on the house built by Norman for the use of the ministry on Capean- 
side, declared that the work yet to be done was worth fifty shill- 
lings, besides the dividing of the rooms. 

John Norman stated to the court that first, he was hindered in 
regard to the removal of the house ; and second, for want of nails ; 
and, third, the boards and joists were unlawfully taken away. 

Agreement between John Norman§ of Manchester on one part 
and Tho. Lothropp§ and James Patch on the other part. Mar. 23, 
1656-7. John Norman was to build them a house thirty-eight feet 
long, seventeen feet wide and eleven feet stud, with three chim- 
neys, two below and one in the chamber ; to find boards and clap- 
boards for finishing, with a shingle covering ; a porch eight feet 
square, "Jetted over" one foot each way; to lay the floors, both 
below and above, and one garret chamber ; to make doors and 
windows, four below and four above, and one in the study ; to 
make the stairs, draw the clapboards and short their edges, smooth 
the boards of one of the chamber floors, and to bring up the frame 
to the <' barre " or the ferry at his own charge ; for which he was to 
have forty-five pounds, one-half in corn and cattle at or before the 
house was raised and the remainder at the next wheat harvest. 

tWrits : Thomas Joanes v. Francis Uselton ; dated, Nov. 18, 
1659; signed by Robert Lord,§ for the court; and served by 
Edward Brown, § marshal, by attachment of house and land. 

JJohn Proctter, sr., and John Choot, chosen by Rodger Presson 

§Autograph. 



1659] RECORDS AND FILES 187 

Frances Usselton v. John Tod. Debt to be paid to Mr. Batter. 
Withdrawn.* 



to appraise a parcel of four-rail fencing, Nov. 22, 1659, adjudged 
its value to be 14d. per rod. 

John Knoulton and Thomas Varny chosen to measure a parcel 
of fence which Rogger Presson set up for Will. Cogswell, it being 
four score and sixteen rods ; there were also sixteen four-hole 
posts. Dated, Nov. 25, 1659. 

James Collman, servant to Mr. Cogswell, deposed; Goodman 
Andrews mentioned. Sworn, 26: 9: 1659, before Samuel Sy- 

monds.f 

John Andrews, aged about forty years, deposed that he went 
with Presson, when the latter asked Willm. Cogswell to release 
him of his bargain to hire Cogswell's farm. The latter refused to 
allow Presson anything for repair of the housing but agreed to pay 
him for the fence he had set up, etc., and to release him at Michael- 
mas. Sworn, 27 : 9 : 1659, before D. Denison.j 

John Chote deposed that when he heard that Roger Preston had 
given up the farm, he asked William Coggswell if the latter would 
let it to him, and Coggswell replied that Preston was to stay in the 
house to feed out his fodder, but he would let it to deponent as 
soon as any other man, etc. Sworn in court, before Hillyard Veren,t 
cleric. 

William Whitred deposed that William Coggswell spoke to him 
about appraising some fence, etc. Sworn in court, 29: 9 : 1659. 

Plaintiff's bill of costs. Hi. 15s. 4d. 

Thomas Varney, aged between twenty and twenty- one years, de- 
posed, 26 : 9 : 1659, before Samuel Symonds.f 

John Knoulton deposed about agreement relating to the fence, 
etc. Sworn, 28 : 9 : 1659, before Samuel Symonds.f 

*Writ, dated, 22: 9 : 1659, signed by John Redington,t for the 

^court, and served by Will , constable of Rowley. 

'' Writ : Capt. Thomas Allen v. Walter Taylor ; debt, for withhold- 
ing money due for freight of passengers ; dated, 18:9: 1659 ; signed 
by Hillyard Veren.f for the court ; and served by Samuel Archard,t 
marshal. 

Writ : Captain Thomas Allen v. Walter Taylor ; for defamation 
in reporting that Allen was not able to carry his ship to sea ; dated, 
18 : 9 : 1659 ; signed by Hillyard Veren,t for the court ; and served 
by Samuel Archard,t marshal. 

Writ : Walter Taylor v. Captain Allen, master of ship Thriver ; 
for detaining goods of the plaintiff, bedding, tools, etc.; dated, 9 : 
9 : 1659; signed by Hillyard Veren,t for the court; and served by 
Samuel Archaid, jr.,t deputy marshal; John Croad, surety for de- 
fendant's appearance. 

t Autograph. 



188 SALEM QUARTERLY COURT [NoV. 

Cristopher Lattamore v. William Carter, Clement Hardy and 
William Lambert. For not coming to fish at Ms stage, according 
to agreement, plaintiff having provided for it. 

Corporall Andrus acknowledged judgment in favor of Mr. Wil- 
liam Browne before Major- General Denyson and Major Hathorne * 

Thomas Looke acknowledged judgment in favor of Mr. John 
Gedney, before Major-Generall Denyson andMaj. Will. Hathorne.f 

Writ : William Nick v. Emanuell Clark ; for molestation in clos- 
ing his ground ; dated, Nov. 16, 1659 ; signed by Francis Johnson,1: 
for the court ; aud served by Tho. Pittman,| constable of Marble- 
head, by attachment of house and ground. 

Writ : Capt. Thomas Allen v. Walter Taylor ; for unjust molesta- 
tion ; dated, 18:9: 1659 ; signed by Hillyard Veren,t for the court ; 
and served by Samuel Archard,t marshal of Salem. 

Writ : William Nick v. Edmund Nicolson ; for molestation, in 
the closing of his land ; dated, 16 : 9 : 1659 ; signed by Francis 
Johnson, $ for the court ; and served by Thomas Pittman,| constable 
of Marblehead. 

Writ : Walter Tayler v. Captayne Tho. Allen ; slander, calling 
plaintiff and plaintiff's wife vile names, etc. ; dated, 21 : 9 : 1659 ; 
signed by Hillyard Veren,t for the court; and served by Samuel 
Archard, jr., J deputy marshal of Salem. 

Writ : William Carter v. Nicolas Caly, fisherman ; for refusing 
to perform a fishing voyage, according to agreement; dated, 13: 9 : 
1659; signed by Hillyard Veren,+ for the court; and served by 
Samuel Archard, J marshal of Salem. William Browne of Salem, 
surety. 

Writ : Walter Tayler v. Mr. Allen, master of ship Thriver ; for 
battery, abusing and cruelly beating him ; dated, 9:9: 1659 ; 
signed by Hillard Veren,J for the court; and served by Samuel 
Archard, jr., J deputy marshal of Salem. John Croad, surety. 

*Writ : Mr. William Brown of Salem v. John Andrews ; debt due 
to plaintiff and Georg Corwin ; dated, 15:9: 1659 ; signed by Hill- 
yard Veren,t for the court ; and served by Edward Browne, f marshal 
of Ipswich, by attachment of house and land. 

tWrit : John West v. Corp. John Andrews ; debt ; forfeiture of 
bond, not appearing before Major-General Denison ; dated, Nov. 19, 
1659; signed by Robert Lord,t for the court; and served by 
Edward Browne, J marshal. 

Writ : Thomas Bishop v. John Chote; debt ; dated, 23 : 9 : 1659 ; 
signed by Robert Lord,J for the court; and served by Edward 
Browne, J marshal, by attachment of wheat and Indian corn. 

Writ: Mr. Edmond Batters v. Gabrill Collens ; debt; dated, 
Oct. 17, 1659 ; signed by Hillyard Veren,t for the court; not re- 
turned. Addressed to constable of Marblehead. 

ifAutograph. 



1659] RECORDS AND FILES 18 9 

John Norman v. Henry Bayly and Thomas Tuck. Trespass. For 
taking away and detaining "boards, Gice & Sleepers." With, 
drawn.* 

Henry Harrod v. Mr. Walter Price. Debt. For withholding pay 
for 10 1-2 quintals of fish which he received of William Nick 
Withdrawn.! 

Writ : Mr. John Gedney v. Humphry Griffin; debt ; dated, 21 : 9 ; 
1659; signed by Hilly ard Veren,J for the court; and served by 
Edward Browne,f marshal. 

* Writ : John Norman v. Henry Bayly and Thomas Tucke ; for 
taking away and detaining boards; dated, 19 : 9 : 1659; signed by 
Hillyard Veren,J for the court; and served by John Archard,J 
deputy marshal. 

Writ : John Roads v. Richard Woodus ; for taking away a parcel 
offish; dated, 22 : 9 : 1659; signed by Jonath. Negus, J for the 
court; and served by Rich. Wayte,t constable of Suffolk. 

tWrit, dated, 19 : 9 : 1659, signed by Hillyard Veren,+ for the 
court, and served by Samuel Archard,| marshal of Salem. 

Writ : William Story v. Shoreborne Willson and John Smith ; 
debt; dated, Oct. 24, 1659; signed by Robert Lord, J for the court; 
and served by Edward Browne, J marshal of Ipswich. 

Writ : Thomas Bishop v. Samuell Ingalls ; debt, by a bill as- 
signed by Job Bishop to Thomas Bishop, etc. ; dated, 23 : 9 : 1659 ; 
signed by Rob. Lord,! for the court; and served by Edward 
Browne,! marshal, who attached a bill due from Daniell Davisson. 

Writ : John West v. Mordicha Larckum ; for not delivering a 
heifer and cow ; dated, 9 : 9: 1659; signed by Robert Lord, J for the 
court; and served by Edward Browne,! marshal. 

Writ : John Gedney v. John Fuller of Ipswich ; debt ; dated, 21 : 
9 : 1659 ; signed by Hillyard Veren,! for the court ; and served by 
Edward Browne, J marshal. 

W^rit : Shoreborne Willson v. William Duglus ; for not performing 
covenant of indenture in money, clothes and tools; dated, Oct. 1, 
1659 ; signed by Robert Lord, J for the court ; and served by Edward 
Browne,! marshal, by attachment of estate of Wm. Duglus in the 
custody of Robert Dutch. 

Writ : John West v. William White ; debt; dated, Nov. 9, 1659 ; 
signed by Robert Lord, J for the court ; and served by Edward 
Browne, J marshal. 

Writ : Symon Tuttle v. Mr. Joseph Jewett ; for false imprison- 
ment ; dated, Oct. 13, 1659 ; signed by Robert Lord,! for the court ; 
and served by Edward Browne,! marshal. 

Writ: Daniell Black v. Alexander Thompson; debt, for wheat 
and malt and a hat ; dated, Nov. 4, 1659; signed by Robert Lord,! 
for the court ; and served by Edward Browne, J marshal. 

+Autograph. 



190 SALEM QUARTERLY COURT [NoV. 

Mr. Koads, constable of Lynn, fined for not returning trial jury. 

John Dodge sworn constable of Wenham. 

Joseph Daliver sworn constable of Marblehead. 

Edward Flint and his wife were fined for fornication together 
before marriage. 

Robert Lord, attorney of William White of Ipswich, acknow- 
ledged judgment in favor of John West. 

Thomas Marshall of Lynn licensed to sell strong water and other 
meet provisions to travelers. 

John Chandler allowed witness fees in suit brought by Kichard 
Sutton, and not entered.* 

Capt. Tho. Marshall, Mr. Oliver Purchas and James Axy sworn 
commissioners for Lynn.f 

Arther Sandy's license renewed and he was also allowed to sell 
wine. 

Mr. Thomas Gardner was appointed administrator of the estate 
of Joshua Connant, who died intestate in England. Amount of 
inventory of his estate in New England, 321i. 6s. J 

Presentments, last of 9mo: 1659; signed by Walter Price,§ in the 
name of the rest : — 

Joan, wife of Robert Hibburd, for railing and speaking several 
lies upon Zackary Herek, affirming that he was drunk, and went 
away from John Ston's house drunk about one or two o'clock at 
night. She took God to witness that she did not speak them, etc. 
Wit : Hendry Hereck, jr., Liddia Grover and Marye Hereck. She 
was to make acknowledgment or pay fine and costs. She paid the 
fine. 

Elizabeth, wife of Edmund Nicholson, for absenting herself from 
public meeting. Wit : Moyses Maverek and Thomas Pittman. Ad- 
monished. 

Elisabeth, wife of John Leag, for saying that if the people fol- 
lowed Mr. Walton's preaching or ministry they would all go to hell. 
Wit : John Coddner, Elisabeth Coddner and Beniamyne Parmitter. 
To pay fine or make acknowledgment. Paid fine. 

* John Chandler's bill of costs ; two men from Roxbury to Bos- 
ton to testify against Richard Sotten. 

tReturned by Theophilus Baley,§ constable. 

jinventory of Seethe, widow of Joshuah Connant, taken by John 
Browne§ and Richard Prince ;§ One bed, one Bolster, a suit of Cur- 
tayns and valiants, one Rug and a Blankett and matt, 81i. ; five p 
of shetts and a half shett, 51i. ; Eleven napkins, 3 table Cloths, Hi. 
7s. ; fowr pilow bears. Hi. 4s. ; twelve towels, 9s. ; for pewter pans 

§Autograph. 



1659] RECORDS AND FILES 191 

Mr. Thomas Gardner, administrator of estate of Joshua Connant, 
acknowledged judgment in favor of Mr. William Browne, mer 
chant. 

Mary Norton was appointed administratrix of the estate of her 
husband, George Norton, deceased. Amount of inventory of his 
estate, 13611. lis. 6d. She had ten children.* 

License of William Edmonds renewed. 

Fines brought in by Maj. William Hathorne, 21 : 9 : 1659 : — 

Richard Rider for spurning Mathew Woodwell. 

Mathew Woodwell for striking Richard Rider and for excessive 
drinking.f 



and spons, Hi. 6s. ; one Cloake, 18s. ; one Trunk and on owld Chest, 
10s. ; one spitt, one payr of Andyrns, 3s. ; to Sivs, two Trays, 3s. ; 
one payr of seals and to wayts, 2s. 6d. ; one trundl Bedsted and 
one blankett, 6s.; for wooll, 4s.; 5 stools, 9s.; 9 Chayrs, 13s. ; 3 
tabls, Hi. ; for divers howshowld implements, 8s. 6d. ; for bras 
and Iron, Hi. 10s. ; one chest, one box, Hi. ; one Carpett, two Cosh- 
ens, 5s. ; one looking glas and two small boxes, 10s.; mony and 
platt, Hi. 4s. ; for 6 shep, 51i. ; one kradle, 4s. ; one bedsted, 10s. ; 
total, 321i. 6s. 

*Estate of George Norton. Petition of Freegrace Norton J and 
John Norton , children of George, for division of the estate. Mother 
Mary Norton mentioned. Children : Freegrace, aged twenty-four 
years ; John, aged twenty-two ; Nathanyell, aged twenty ; George, 
aged eighteen ; Mary, aged sixteen ; Mehittabell, aged fourteen ; 
Sarah, aged twelve; Hannah, aged ten; Abigaill, aged eight ; Elliza- 
beth, aged five years. 

Inventory of the estate of George Norton, taken 22 : 7 : 1659, by 
John Porter I and Jacob Barney: J His wearing apparel, 81i. ; a 
bead with bolsters, blankets & rug, 31i. ; 3 flock beads with other 
beading, Hi. Is. ; 6 paire of sheats & 1 tabelcloth, 11 napkins, 3 
paire of pillibers, 41i. 10s. ; Beadstead, 5s.; 1 tronke, 2 Chists, Hi. 
10s. ; 1 tabell-bord, 1 forme, 3 Chaiers, 6s. ; 3 Iron pots, 2 friinge 
pans, 1 dripinge pan, 1 spitt. Hi. 5s. ; 1 Bras kettell, 1 bras pan, 
skellett & warminge pan. Hi. 6s. ; in peutter, 8s. ; 4 musskets & a 
small peace, 21i. ; sawes, boarers, axes with other tooles, 21i. 18s. 
6d. ; flaks, Hi. ; 6 akers of Indian Corne, 51i. ; in wheate, 51i. ; Bar- 
ley, 16s. ; in haye, 61i. ; Aples, Hi. ; a mare & colt, 1511. ; a colt of a 
year old, 31i. ; in hogs & small pegs, lOli. 7s. ; 6 oxen, 331i. ; 4 
Cowes, 141i. ; 2 heffers, 51i. ; 4 younge Cattell, 71i. ; 2 Calfes, Hi. 
10s. ; total, 13411. lis. 6d. 

fRichard Rider and Mathew Woodall fined for fighting and 
drinking. 

JAutograph. 



192 SALEM QUARTERLY COURT [NoV. 

A seaman, name unknown, was fined for being very drunk at 
Salisbury. 

Thomas West fined for swearing, by the constable, Henry Skerry. 

A servant of Frances Vsselton ran away. *« Hewghen cries"* 
were ordered to be given out for his recovery. 

Mr. William Steevens presented for not making a bridge over 
the cut at Gloster. Continued. To have the bridge made in the 
meantime, t 

Ruth Moore brought in the will of her husband, James Moore, 
deceased. No witnesses appeared, and she was appointed adminis- 
tratrix of the estate. 

John Porter, William Dodge and Mr. Edmond Batter were ap- 
pointed administrators of the estate of Samuel 1 Porter, deceased, 
who left a writingj about his property, dated, 10 : 12 : 1658. 
Amount of the inventory§ of his estate, 33111. 19s. 

John Bachelor discharged from training because of his bodily 
weakness, paying 8s. yearly to the company. 

Mr. Moses Maverick had his license renewed to retail strong 
waters, as a shopkeeper does other goods. 

John Kitchin was released from his bond for appearance. 

tWit : John Pearse, John Davis, William Vincen and Jeffery 
Persons. John Davis, constable of Gloucester. 

J" The Last Will and Testament of Sam Porter made 10: 12: 
1658 being Bound to the Barbadus Imp' I giue to my dearly be- 
loued wife Hannah Porter the one halfe of my farme duringe her 
life Ite I giue to my son Jn** Porter the other halfe of my farme at 
wenham & after the death of my wife the other halfe to Returne 
unto him & one mare to my son & the Remaynd"^ (to my wife) of 
my estate more or lesse I desere my Father Porter & my father in law 
w"" Dodge & Edmo. Batter to be my Ou'"seers. Samuell Porter. ||" 
Wit : Edmo. Batter || and Sara Batter. || Proved in Salem court, 
28 : 4 : 1660 ; attested by Hilliard Veren,|| cleric. 

§ Inventory of estate of Samll. Porter, deceased, taken, 22 : 4 : 
1660, by Roger Conant|| and John Rayment:|| One house and land 
at Wenham & other land that was bought of Jno. Denham, 25011. ; 
2 oxen, lOli., 1 Cowe, 41i., 141i. ; 15 yewes & lambs at 6s. 8d., 51i. ; 
mare & Colt, 161i. ; a cloath suet. Hi. 15s. ; another suet of cloath, 
30s., 31i. 5s. ; 2 other suet of cloathes, Hi. 14s. ; other wearinge 
aparell, 61i. 17s. 7d. ; 2 psalme bookes, 18d., 1 silvr dram Cup, 4s., 
5s. 6d. ; 2 Chests & 2 boxes, 18s. 6d. ; suger & Cotton his pt. at 
Boston, 301i. ; due to him from William Nicoles, Hi. ; total, 33111. 19s. 

*" Hue and cry ". 
llAutograph. 



1659] RECORDS AND FILES 193 

Mr. Gedney's license renewed. 

Joseph Armitage, attorney of Jon. Chaxfeild v. John Bex & 
Co.'s estate. Debt. Mr. Leader's bill in evidence. Judgment for 
defendant.* 

Wife of George Gardner, wife of Samll. Shattock, Edward 
Wharton, wife ef John Kitchin, wife of Robert Buffum, wife of 
Henry Trask, wife of Anthony Needham, wife of John Suthwick, 
wife of John Smith, Danyell and Puided Sothwick, John Small, 
William King and James Smith were presented for absence from 
meeting. On motion of Mr. John Higgeson, Mr. Browne, etc., sen- 
tence was respitted. Samll. Salmon was also presented for absence 
from meeting. 

Servants of the house to have five shillings. 

Samll. Gaskcoyne fined at Ipswich; ordered that one-half be 
respitted. 



*Writ : Joseph Armitage, attorney to John Chacksfeild v. John 
Bex & Co. ; debt of 521i. ; dated, 18 : 9 : 1658 ; signed by Jonathan 
Negus, t for the court ; and served by Rich. Wayte,t marshal of 
Suffolk, by attachment of goods in the hands of William Paine of 
Boston. John Reedman, marshal's deputy, to finish case. 

Richard Leader testified that 521i. had been charged on John 
Chaxfell's account, as paid to himself and wife in London ; if it 
were found that there had not been so much paid, Chaxfell was 
to be allowed the difference ; dated, Dec. 21, 1649. Wit : Richard 
Cuttst and Wm. Osborne ;t attested by Wm. Aspinwa]l,t notary 
public. Mr. Giffards, 6:6: 1654, affirmed that Chatssell owed 
forty or forty -two pounds when he went away to Barbadoes. 

John (his mark) Chaxson of Lin made Joseph Armitage of Lin 
his attorney, Dec. 24, 1650. Wit : William Aspinwallf and Edward 
Abbut.f 

Jon. Ballard,t aged twenty-five years, deposed that six months 
ago he saw John Chaxfeild living in Barbadoes ; dated, Nov. 28, 
1659. 

Daniell King,t aged twenty-seven years, testified the same, Nov. 
30, 1659. 

Summons to Richard Stackhouse to appear to answer to his pre- 
sentment for abusing the wife of Francis Skerry. Wit : Nehemiah 
Howard and Henry Skerry. 

Summons to the wife of William EUet to appear to answer to 
her presentment for abusing the wife of John Rayment. Wit: 
John Rayment and wife of Edward Bishop. 

Summons to Sarah Clarke to appear to answer to her present- 
ment for stealing. Wit : Tho. Putnam. 

t Autograph. 



194 SALEM QUARTERLY COURT [NoV. 

Frances Simpson fined, 13 : 12 : 1659, by Major Hathorn, for 
being at a Quaker's meeting on the Lord's day and absence from 
public ordinance. 

Summons signed by Hillyard Veren, clerk,* and Thomas Golth- 
write, John Eayment and Tho. Roots, constables. 

Summons for jury of trials: Edmund Batter, Hendry Skery, 
Joseph Boyce, Humphrey Woodbury, Sam. Corning, John Buffum 
and William Flint. 

Summons for grand jury: Walter Price, Liftenant Lawthrop, 
Nath. Puttnam, Francis Skery, Tho. Spooner, Tho. Anthrum and 
Kichard Bishop. 

Summons to William Crafts to appear to answer to his present- 
ment for a pound breach. Wit : Danyell Salmon and Francis 
Burell. 

Sarah Salmon, aged about eighteen years, deposed that she, being 
at the pound milking her father's cows, which had been pounded by 
Franssis Borill, heard Borell's man say to Goodman Croffts that he 
must have his cattle. This was in 7 mo : 1658. Sworn, 29 : 9 : 
1659, before Thomas Marshall,* constable. 

Summons to Benjamin Chad well and John Bread to answer to 
their presentments for smoking tobacco near a house and among 
combustible matter ; also to witnesses, Francis Burrell and Tho. 
Ivory ; signed by Hilyard Veren,* clerk ; and returned by Henry 
Rhodes, constable of Lynn. Benjamin Chadwell was not in town. 

Summons for grand jury : from Lynn, Olliver Purchase, Robert 
Mansfeild, Jerrett Spencer and Richard Johnson, returned by 
Henry Rhods,* constable. 

Summons for jury of trials : from Lynn, Edward Baker, John 
Mansfeild, John Person, William Longly and John Burrall, returned 
by Henry Rhods,* constable. 

James Smith summoned for absence from meeting. Wit : Thomas 
Pitman and William Charles. Thomas Pitman,* constable of 
Marblehead. 

Mr. Goot of Wenham, summoned as grandj uryman, and Richard 
Coye of Wenham, as trial juror. Returned by John Killim* of 
Wenham, constable. 

Thomas Millett, sr., summoned as grand juror and Clement Coll- 
dames, as trial juror of Gloster. Returned by John Davis,* con- 
stable of Gloucester. 

Sara Clarke summoned, Oct. 28, 1659, for stealing a silk scarf 
from the house of John Putnam jr. ; signed by Hillyard Veren,* 
clerk. Fransis Heseelltun,* constable of Topsfield. Daniel Gierke 
[deputy ?]. 

Town of Gloster summoned for defect in their stocks. 

♦Autograph. 



1659] RECORDS AND FILES 195 

Court held at Ipswich, Mar. 27, 1660. 

Judges : Mr. Symon Brodstreet, Mr. Samuell Symonds and 
Major Genii. Denison. 

Jury of trials : Mr. John Appleton, Sergt. Tho. French, Sergt. 
Jer. Belcher, John Prockter, Will. Coggswell, John Emery, John 
Barttlett, Willm. Mose, Willm. Jackson, John Dressour, Jonath. 
Platts and Eobert Andrews. 

Willm. Elsley sworn constable for Nubury, and Robert Day for 
Ipswich. 

Robert Addams of Newbury was made free. 

Robert Lord, jr., was appointed marshal. 

Civil cases : — 

John Ayres, assignee of the executrix of Marks Symonds v. John 
Pickard. Debt. Withdrawn. 

William Edmonds v. Henry Greene. For expenses about the 
cure of a child of his. Withdrawn. Plaintiff acknowledged sev- 
eral times that there was no bargain made with defendant. 

Robert Knight v. John Siblye and Robert Leach. Trespass. 
For carrying away several loads of hay from his ground without 
his knowledge or consent. Withdrawn. 

Nath. Putnam v. Nicolas Pinion and his son, Robert. For slander. 

Nath. Putnam v. John Simson. Slander, Verdict for plaintiff. 
Simson ordered to make acknowledgment at Salem and Lynn on 
lecture day or pay fine. 

Mr. William Perkins v. William Evans, in behalf of the town of 
Topsfield. For maintenance due him for his labors in the ministry. 
Nonsuited. 

John Hathorne v. Edward Colcord. Debt. Withdrawn. 

Samuell Hunt and Joseph Reding v. Henry Walker. Debt. For 
sixteen bushels of wheat, barley and malt. Samuell Hunt testified 
that he summoned Henry Walker. Defaulted. 

Richard Shatswell v. Edward Allen. For abusing him, saying 
he was a rogue and rascal and would steal his colts as he did Rop- 
er's hay ; also for taking away and detaining two colts. [With- 
drawn. — Waste Book.^ 

Summons to the wife of William Vincen to answer her present- 
ment for disturbance in meeting. 

Petition of Elenor Robinson against Thomas James, for dam- 
ages, 30 : 9 : 1659. 



196 IPSWICH QUARTERLY COURT [Mar. 

County charges, amounting to 61i. 10s., allowed to Theophilu* 
Willson. 

Humphry Griffen released of his bond for good behavior. 

William Coggswell, John French, Jacob Perkins and John 
Brewer, all of Ipswich, made free. 

Mr. Symon Broadstreet v. John Wiles. For detaining a cow, 
and rent for several years. Plaintiff settled for fifty shillings. 

Elias Stileman of Salem had his license to keep an ordinary and 
sell strong waters renewed ; also to sell wine, if approved by the 
selectmen of Salem. 

Robert Pinion, for slander in a criminal way, ordered to be 
whipped and to pay 40s. to Nath. Putman, whom he slandered.- 
Nicolas Pinyon and Thomas Pinyon acknowledged judgment. 
Execution respitted. 

John West released from training for one year. 

John Stevens, upon his presentment, fined, and to pay fees of 
court and for filing fifteen papers.* 

Isaiah Wood, for stealing Indian corn, ordered to pay six bushels 
to John Leigh ; bound to good behavior. 

Major Genii, returned a fine of 20s. set by him upon Edward 
Bragg. 

*Andrew Foster, sr., deposed that in regard to the weakness that 
befell John Stevens at Ipswich, he was an eye witness, and went 
all the way to Andever with him. Deponent stayed with him the 
night before and during the evening, entreated him to eat some- 
thing, telling him that he would be sick if he did not. The next 
morning Foster was upon the bed very sick and deponent advised 
him to eat something warm, which he did, about half a pint, and 
felt better, so that he went to Andever. Sworn, 23 : 1 : 1659, be- 
fore Simon Bradstreet.t 

Jeremiah Belcher deposed that Goodman Stevens of Andiver was 
at Ipswich the last year, and deponent, happening to meet him 
early one morning at Goodman Rouel's house, asked him to have 
a dram of liquor with him, which said Stevens accepted, going to 
deponent's house. The latter gave him a dram or two, and pres- 
ently Mr. Norton came in and gave him another, drinking to Good- 
man Stevens, who said " Sir I thank you but I ame not wellen to 
drincke Anie more for said he I do not use to drincke liquers & I 
feare being I ame fasting & haue ben up almost all night that it 
may do me harme." Presently they went away, as well as deponent 
was at the time of the testimony. Sworn, 28 : 1 : 1660, in Ipswich 
court, before Robert Lord,| cleric. 

t Autograph. 



1660] RECORDS AND FILES 197 

John Pindar, for cutting two mares, bound for appearance at 
next Ipswich court. 

William Law of Rowley and Moses Pengry had their licenses 
renewed to keep an ordinary and sell wine and strong waters. 

Addition to William Addams' inventory brought in ; debts due the 
estate, 481i. ; and due from the estate, 151i. 

[There being a complaint made against Joseph Medcalfe, as ap- 
peared by a testimony upon oath of Left. Samuell Appleton, Wil- 
liam Addams and Robert Day, which the court judged they were 
not in a capacity to issue, on account of the law of near relations, 
the court left it to Mr. Samuell Symonds, who ordered said Med- 
calfe to appear at the next General Court.* — Waste Book.'\ 

Philip, an Irishman, servant to Mr. Samuell Symonds, sentenced 
to the house of correction for stubbornness and other offences. Upon 

Will of Edward Browne of Ipswich, dated, Feb. 9, 1659, was 
proved by Robert Lord and Thomas Lord. He desired to be buried 
in the burying place of Ipswich, and " whereas || there was || a 
gift giuen vnto my sonn Thomas by his Aunt wattson in ould Eng- 
land he being dead I accompt my sonn Joseph Browne to be his 
heire and therfore that gift being thirteene pound to belong vnto 
him at the age of twenty one yeares and it being in my hands my 
will is that my sayd sonn Joseph shall haue my eight acres of Land 
within the common field w% I bought of my Brother Bartholmew 
as alsoe that psell of raeddow at the west meddows lyeing beyond 
the brooke on the west syde of the sayd brooke In leiw of the sayd 
gift before mentioned And the rest of my estate I leaue vnto my 
beloued wife Faith Browne for the tearme of her naturall life and 
then to be disposed of vnto my children And my will is that after 
my sayd wiffes decease my sonn Joseph shall haue and Inioy my 
dwelling house & apteuances & p^'veledges belonging there vnto || 
together with all the rest of my land & meddow || pvided he yeald 
vp the formar Land and meddow which my will is my Sonn John 
Browne shall haue possos and Inioy And if my Sonn Joseph dye 
without heires || then my Son John Browne to haue & Inioy it and 
if he the sayd John shall dye without heires || then to be vnto my 
daughters or the surviveing of them And my will is that my sayd 
wife at her decease shall dispose of my estate among my children 
And in case my wife shall chang her estat that then she shall giue 
security that my estat may be desposed off among my children after 
her decease as af oresayd And doe make my sayd wife sole executrix 
of this my last will and testament." Edward Browne.* Wit : 
Robert Lord J and Thomas Lord. J 

*This paragraph is crossed out in the oriignal. 
tAutograph and seal, 
t Autograph. 



198 IPSWICH QUARTERLY COURT [Mar. 

request of his master, respitted until he again has cause to com- 
plain of him. 

Ordered, upon request of people of Eowley and others, that a 
highway be laid out from Rowley to Newbury by the bridge at 
Richard Thurell's farm " w*'h hath beene used not only by the 
farmers of Newbury liueing therabouts who complayne of the de- 
fect thereof but by many others espeshally when ferryes are unpas- 
able." The court conceived the highway to be very commodious 
for travellers, especially for drovers of cattle, and the towns were 
to lay out the road at the least expense to town or county. 

The rights of Joseph Medcalfe, Richard Swan and William Acye, 
to serve on any jury in the county were withdrawn, on complaint 
of several of the jury of last Ipswich court that a writing, attested 
by them, had been given in to the last Court of Assistants, reflecting 
much dishonor upon the said jurors and causing much trouble from 
their want of attendance, neglect of duty and oaths of jurymen. 

"Wheras it is testified by three wittnesses that I Joseph 
Medcalfe sayd I would deale roundly with m^ Brodstreet if I had 
opptunity for some questions asked y® last court, and that I sayd 
if such coruptions crept or gott into our court allredy in Neweng- 
land we are in a sade case, though I do not remember that I soe 
sayd yet I doe conf esse and acknowledge these words to be causles 
& scandalous, and if I did speake them haue cause to be ashamed & 
craue pardon." 

Inventory of estate of Edward Browne of Ipswich, taken Feb. 
20, 1659, by Moses Pengryt and Robert Lord :t Dwelling house 
and aptananses, 501i. ; six acres of Land most of it in tilt, 181i. ; 
nyne acres of salt marsh, 161i. ; 2 psells of meddow at the west 
meddows, 141i. ; 8 acres of Land, about 6 of it in tilt, 201i. ; one 
fether bed, 2 boulsters, 2 downe pillows, blankett & Rug, 61i. ; one 
bedsted cord, curtaynes, valiants & strabed Hi. 10s. ; eight chaires, 
14s. ; little boxes, 4s. ; a paire of fine sheets, old, Hi. ; foure paire of 
sheets & one od one, 31i. ; one paire of pillow beers, 10s. ; foure 
paire of pillow beeres, 2 of ym small, 8s. ; 2 table cloths, eleven 
napkins, 13s. ; one course table cloth & 14 course napkins and 
Towells with some other small lennen, 14s. ; His weareing appar- 
ell, 7li. 10s. ; a muskett, bandeleour, sword & belt & pike, Hi. 10s. ; 
three little tables, 3 chaires & 4 cushens, 15s. ; 2 chests and a 
trunke, 13s. 4d. ; lOli. cotten woole, 41i. ; sheep woole, 16s. ; in cot- 
ten yarne, 71i. 14s. ; In lennen yarne, Hi. ; earthen ware, 7s. 6d. ; 

tAutograph. 



1660] RECORDS AND FILES 199 

Court held at Ipswich, Mat 10, 1660, by adjournment. 

John Leigh, having been bound to this court by Major Genii. 
Denison, upon complaint of John Fuller that said Leigh was 
suspected of wounding an ox and killing a pig belonging to said 
Fuller, was found not guilty by a jury especially empannelled, but 
" great suspicion." Court ordered that he be bound for appearance 
at the next court for further examination.* 



one warmeing pan, 10s. ; one kettell, 3 skilletts, one brase morter, 
skimer and a little brase ladell and lamps. Hi. 10s. ; 2 Iron potts, 
one iron kettell and morter, Hi. ; a frying pan, tramell, potthookes 
and grediron, lis. ; spitt, firepan, tongs, fireforke, hookes, Ss. ; In 
pewter, latin ware & 2 box Irons, Hi. 10s. ; ould pewter, 2s. ; a 
small f ether bed, boulster, pillow & other beding, 31i. 10s. ; a flock 
bed, boulster & other beding, 21 i. 10s. ; ginger & hops, 10s. ; 15 
bushells & half of wheat, 3ii. 18s. 6d. ; mault, 63.; Indian corne, 
21i. 8s. ; 3 wheeles, finished lennen, 13s. 6d. ; wheeles woolen & lin- 

nen not finisht. Hi. 16s. ; work done toward chaires, 3s. & 15 ills 

6s. 9d. ; shope tooles, 31i. 6s. ; old caske, 13s. ; nayles & other 

small things, 10s. ; two cowbells & eares for , 3s. ; one barrell, 

firkin & powdering tubs, 12s. ; a paire of scales, 3s. ; beere vessells, 
keelers & other lumber, 14s. ; 6 trayes, dishes, trenchers & payles, 
13s. ; a woolen & linnen wheele & cards, 13s. ; kneading trough & 
fine sives, 8s. ; a cartrop & bedline & hand baskett, 12s. ; beefe, 
pourke & suetfc & tallow, 2li. ; halfe a firkin of sope, 10s. ; In 
bookes, Hi.; old baggs, 3s. ; one bullock, 61i. 10s. ; 2 Cowes, 81i. ; 3 
cattell about 3 yr. old, 81i., 161i. ; 1 bull, 2 yr. old & 1 yr. old, 31i. 
10s. ; six ewes & a ram, 31i. 15s. ; five swine, 21i. 10s. ; cart plow 
& sled, yokes & caynes, 31i. ; in hay and peace, 71i. ; sythes, 12 axes 
& hows, beetell & weedges, forks, lli. 10s. ; owing to the estate. Hi. 
13s. ; total, 22511. 5s. 7d. Debts owing from the estate, 2Hi. 8s. Id. 
Clear estate, 20011. 17s. 6d. 

*John Fuller, aged about thirty-nine years, deposed that Thomas 
Lee and himself, coming along the north side of Hart breake hill 
found a dead hog in the bushes in Mr. Clarck's lot, with his foot 
in the yoke and his head broken to a jelly ; that a short time after, 
John Lee came to deponent's house complaining that he had 
damage done by Clarck's hogs. Deponent told him about the dead 
hog, and Lee replied that he killed him and would have some more 
of them before long. This happened when Mr. Clarcke lived in 
Ipswich at the now dwelling house of Simon Tomsson. Deponent 
also testified that he had worked for John Lee and received his 
pay in having his cattle pounded, although they never did Lee any 
barm. One Friday he heard that Lee said he would have deponent's 
cattle in pound Monday, whereupon at break of that day, his dog 
barking more than ordinary, he rose from his bed and went to the 



200 IPSWICH QUARTERLY COURT [May 

John Eleven paid fine for absence from public ordinances and 
was discharged. 

door, and saw John Lee go over his rails into the pasture and drive 
his cattle away. 

Goodman Pod deposed that he had seen John Lee's dog pull 
down a beast in the highway near Goodman Fuller's lot, and that 
deponent's cow came back from Lee's pasture with her ear pulled 
off ; also he saw Lee hunting a cow of Goodman Browne's at another 
time. Sworn in court, before Robert Lord,* clerk. 

Thomas Low, sr., aged about fifty-five years, and Sarah Low, 
aged about twenty-three years, testified that last spring was a 
twelfth-month, since John Lee came to their house with a parcel of 
hogs and asked if they were theirs and they replied that they were 
not. Sarah Low testified that Mr. Samuell Rogers said the next 
morning that he missed a hog. Deponent further testified that he 
saw John Lee throw a stick at his sheep, when they were goiug 
from the pasture to the highway, and broke the leg of one of his 
lambs, and that deponent had lost fourteen head of cattle, sheep 
and swine by such means. Sworn in Ipswich court. 

Daniel Hovey, sr., aged forty-two years, deposed that he was at 
work on his ground near where the hog was found dead, and heard 
the cry of a hog, but could not tell the cause on account of the hill 
between. Sworn in court. 

John Choate, aged about thirty -two years, deposed that he was 
setting fence for John Lea by Hartbrake Hill side when some of John 
Fuller's cattle came along. Lea set his dog on them and deponent 
told him to call him off, but he refused. One of Lea's boys went 
to get the dog, who had pulled down a cow in a miry place, and Lea 
interfered, saying " Let him kill her if he will." Deponent called 
off the dog, and Lea was very angry, and the former went to John 
Fuller's house that night and found them dressing the cow. 

John Fuller deposed concerning the injured cow going home, 
etc. 

John Dane deposed that John Lee said that he might as well 
kill cattle that came on his ground as to have them eat up his 
grass; that he saw the bullock after it was injured and it had been 
cut with an edge tool, etc. Sworn in court. 

Samuell Hunt deposed that upon some discourse that John Lee 
had when he took up deponent's colts as trespassing, instancing 
the mares of Goodman Kembal and Goodman Parker, " I tould 
him I could not help it tho mi colts did troble him ; becaus the 
winter season was extrem & he added if I could not help It I must 
tacke wht coms ; you know sath he thefes coms by mani back blows 
so in speacking of the steling of goodman parkers mare his wife 

•Autograph. 



1660] RECORDS AND FILES 201 

Judah Trumble and Euth Trumble chose John Tod as guardian. 
Tod was bound in thirty pounds. 

John Newman admonished on his 'presentment about " the howe" 
and ordered to pay charges to Thomas Willson. Also fined for two 
lies concerning the heifer he brought from Kowley. 

Benjamin Scott and Nathaniell Tredwell were discharged of their 
presentments. 

replied that it was ill don John Lee made answer did she thinke 
it was ill don : of my consons saith he I thincke it was not shal a 
man have other mens cattell eate up his feede and he hath no way 
to help himself." Sworn in court. 

Samuell Eyres deposed that he saw blood on the ground where 
the ox was injured, etc. Sworn in court. 

Eichard Nickalls, Abraham Fits and Thomas Burnham deposed 
concerning John Lee's abuse of other men's cattle, etc. Sworn in 
court. 

Samuell Rogers testified that John Lee came to his house and 
asked him if deponent's hogs did not get into his ground. Rogers 
answered that they might, and that they were black spotted hogs, 
etc. Sworn in court. 

John Browne deposed that he and Goodman Pod saw John Lee 
pull down cattle belonging to deponent, etc. Sworn in court. 

Joseph Reddins testified that when his lot and John Lea's lay 
in common, the latter abused men's cattle and when reproached by 
deponent, replied that he would throw them into the river, etc. 
Later, Lee told deponent that he would not take his dog off John 
Puller's cattle unless he mended the fence, etc. Sworn in court. 

Daniell Hovey, jr., aged eighteen years, testified that he saw hogs 
in Lee's ground, etc. Sworn in court. 

Simon Tomson, aged about fifty years, deposed that he saw John 
Lee kill a pig of his ; also last year Lee was taking a beast of 
deponent's to the pound, and when they passed his yard, the beast 
ran in, and deponent tried to have him remain, but Lee came at 
deponent with a hoe and vowed he would knock him on the head, 
etc. 

Robertt Crosse deposed that, since this court began, he and his 
son Steeven, going from evening meeting, had seen John Lee with 
his billhook under his arm, etc. Stephen Crose, aged thirteen 
years, affirmed the same, etc. Sworn in court. 

John Clarke deposed that he was looking for their horses and 
seeing John Lee pounding horses, asked whose they were. ** these 
saith he ar the Eoges horses that reseue the sacremts these are the 
Roges that weare clocks an if the can get clcks the ar as good as 
the best w*h mester Cobit an tho the be as bad as the divel." Sworn 
in court. 



202 SALEM QUARTERLY COURT [Jun© 

Daniel Bradley, presented for striking John Boynton, was fined, 

[Thomas Willson was released from training, paying 5s. a year 
to the use of the company. — Waste Book.'] 

John Leigh fined on his presentment for reviling speeches. 

Kichard Shattswell discharged of his presentment. 

Henry Bachelour, convicted of absence from the public ordi- 
nances, was ordered to pay acccording to law. Also fined 5s. for 
contempt of court, in refusing to appear after being summoned. 

" Provided Suthwicke,upon pfe of her conteptuous & presumptuous 
cariage at Salem to the great disturbance of the peace. The court 
setts a fine on her of forty shillings and to abyd in prisson untill 
she haue payd it and the fine sett by Salem court or other course 
be taken to sell her for the payment y^'of acording to law & fees 
of court." 

The court gives to the house, 5s. 

Court confirmed administration of the estate of John Clements^ 
upon request of his brother Job and sisters, to his brother Robert 
Clements. The latter brought in an account of his charges for hia 
voyage to England and Ireland in taking over his brother, John 
Clements' wife and children.* 

Court held at Salem, June 26, 1660. 

Judges : The Worshipfull Mr. Symond Bradstreete, Mr. Samuell 
Symonds, Majr. Generall Danyell Denisonand Major William Ha- 
thorne, Assistant. 

Jury of trials : Jeffery Massy, Jacob Barney, Samll. Gardner, sr., 
Tho. Hale, Benjamin Felton, James Underwood, Henry Collens, 
Edw. Eichards, Tho. Farrer, Mathew Earrington, Thomas Piny 
[Perry?] a.nd John Fiske. 

Deposition of Robert Lord, jr., that being present at his father's 
house, he heard Marke Simons and John Pickard discoursing and 
making writings about a piece of land. Said Pickard was troubled 
and said that ten pounds of the price did not come in a fair Chris- 
tian way, etc., and asked to have a hearing of the case. If it came 
in fairly, he was content to pay it, whereupon they agreed that Mr^ 
Cobbit and Mr. Philips should hear it. Sworn in Ipswich court, 27 : 
1 : 1660, before Robert Lord,t clerk. 

*Job Clements t assented to the deduction of the expenses of his 
brother, Robert Clements' trip to Ireland, from the estate of Joba 
Clement, deceased. Dated, 26 : 1 : 1660. 

tAutograph. 



1660] RECORDS AND FILES 203 

Civil cases : — 

Mr. William Browne, assignee of Mr. Cristopher Cleark, who 
was formerly assignee of John Jackson v. John Wiswell and 
Hanna Munnings, administrators of the estate of Mahalaleel Man- 
nings, deceased. For not paying nor making satisfaction for the 
hire of the ketch Eebecka, neither at Barbadus nor at Bostone, in 
accordance with an agreement made by said Mahalaleele Mun- 
nings, etc. Verdict for plaintiff, 26711. 10s. 2d.* 



*Rich. Worsleyt and Nathaniell Greenf testified that Mr. John 
Jackson demanded of Mr. John Allen, merchant, in Barbados, on 
Mar. 9, 1659, pay for four and a half months' freight for his 
ketch, and said Allen refused to pay. Sworn, 19 : 4 : 1660, before 
Jer. Houchin,t Com. 

" Wheras M' Wissell sath ther is 12" pd ; which in M"" Carter's 
ace ther is 19 $360 : which in our ace is : 12" : 02« : 00 ; which wee 
alow for the hh. of wine 5 $000 ; more for the 1-3 of : 14 $360 : 
4 $786 2-3 ; this is our Just due to alow 9 $786 2-3 is in our ace. 
06 : 02 : 04." 

Writ : Mr. Wm. Browne, sr., of Salem, assignee of Mr. Christo- 
pher Clark of Boston, formerly assignee of John Jackson v. John 
Wiswall, etc. ; dated, May 9, 1660 ; signed by Jouath. Negus, f for the 
court ; and served by Eich. Wayte,t marshal, by attachment of two 
houses in Boston, one in which Hanna Munnings lived, and the 
other an old house, with land belonging ; also the dwelling house 
and ground of John Wiswall in Boston. 

Printed form of bill of lading : Mahalaleel Munninges shipped in 
the ketch Rebecka of Newingland, Mr. John Jackson, master, then 
at anchor in the Puscataqua river, bound for the Island of Meder- 
roes, 17,250 white oak pipe staves, one third on adventure of Mr. 
John Carter of the Island of Mederroes and the other two-thirds 
on adventure of Mr. John Allen of the Island of Barbadus ; to be 
delivered at the said Port of Mederroes to Mr. John Carter ; dated, 
Puscataqua River, Nov. 14, 1659, and signed by John Jackson.f 
Endorsed by Jno. Carterf for 16,812 pipestaves ; dated, Funchal, 
Jan. 18, 1659-60. 

Jo. Allen'sf agreement that after the freight was delivered at 
Barbadus, which was in four month's time, the ketch was to be 
free to take return freight ; dated, Mar. 13, 1659. Wit : Richard 
Holingwortht and Phillip Gribble.f Acknowledged in court by 
Mr. John Jackson, before Hilliard Veren,t clerk. 

Mark King, aged twenty-eight years, deposed that the ketch Re- 
becah of Boston, when at Barbadus in March last, was to be em- 
ployed by Mr. Jon. Allen of Barbados, who had orders drawn up 

tAntograph. 



204 SALEM QUARTERLY COURT [June 

Mr. Henry Bartholmew v. Jacob Towne. For detaining and 
withholding a mare and foal, according to attachment. Verdict for 
plaintiff.* 

for a voyage for salt, etc. Sworn, 24 : 4 : 1660, before Richard 
Eussell.f 

John Rainsfford, aged twenty-five years, deposed that he was 
employed as carpenter on this ketch, and they fitted the vessel for 
a voyage for salt, with wheelbarrows, canvas, etc., but the vessel 
began to be leaky so that the voyage was abandoned and they re- 
turned home, without freight, but with much difficulty, etc. Sworn, 
25 : 4 : 1660, before Anthony Stoddard,t commissioner. 

*Writ : Mr. Henry Bartholomew v. Jacob Towne of Topsfeild ; 
dated, 28 : 3 : 1660; signed by Hillyard Veren.t for the court; 
and served by Samuell Archard,t deputy marshal, by attachment 
of house and barn. 

Henry Bartholomew's bill of costs, 31i. 3s. 8d. 

John Wildes, aged about forty years, deposed that the mare in 
controversy had the same earmarks as Jacob Towne 's mare, and 
that the mare was formerly in deponents' possession, the latter and 
Edmund Towne having marked her. Deponent also testified that 
he made over a part of the said mare to said Jacob Towne about 
three years before. Sworn, June 22, 1660, before Daniel Denison.t 

William Nicolls deposed that he had known this mare as Henry 
Bartholmew 's for the past two years, and she had been in summer 
about Ipswich river, mostly in Topsfeild, etc. Sworn in court. 

John Nicolls, aged about twenty years, deposed that three years 
before, he had helped this mare out of a mire, and had often seen 
her, with her foal, in that land called the Blind Hole ; that he 
heard the mare belonged to Henry Bartholmew, the latter having 
bought her of Liftnt. Lothropp ; that the foal came while she was 
on the other side of Ipswich river on the Governor's farm, and de- 
ponent had seen her the past spring at his father's house, and that 
she was the same mare that Jacob Towne had taken up, etc. Sworn 
in court. 

Fransis Nurse deposed that " after my brother Jacob and brother 
Isack had had some discourse with Jossiah Raye about the mare 
my brother had lost I coming with him from my howse on an 
lectture day," deponent asked his brother if he could not by any 
lawful means get the mare, and he replied that she had been sold, 
and for all he knew might have gone to Berbadus, etc. Sworn in 
court. 

Isack Estey deposed that he and his brother, Jacob Towne, were 
at Jossiah Rayes house, and heard said Ray say that his brother 
Lawthrop had taken up a mare very like said Towne's, and depo- 

fAntograph. 



1660] RECORDS AND FILES 205 

Mr. Phillip Cromwell v. Mr. John Ruck. For withholding pos- 
session of one hundred acres of land bought of defendant. Ruck 



nent thought from the way they spoke that it did not belong to 
Lathrop, etc. Sworn in court. 

John Lovet, Ensign Willa. Dixi and William Ellet deposed that 
the mare was the same that Leiut. Lothrop sold to Mr. Henry Bar- 
tholomew, etc. Sworn in court. 

Jeremy Hubberd,* aged twenty-eight years, deposed that he 
lived for more than four years at the house of Leiut. Lothrop, and 
that he had known the mare since she was two years old, etc. 
Sworn in court. 

John Gould deposed that he was with Jacob Towne when he 
took up the mare, etc. Sworn in court. 

Thomas Lawthroppe deposed that this mare was the same that 
he sold Mr. Bertholmew, together with a bay horse colt, two years 
and a half before. The mare had a list down her back, had a little 
bit cut out of her right ear, usually called a half-penny, near the 
middle of the ear, which was the earmark deponent had used more 
than twenty years, etc. Sworn in court. 

Richard Mid also testified. Sworn in court. 

Wiliam Towne and John Putnam testified that upon some differ- 
ence about the bounds of Mr. Peterse and Mr. Foogs Meadow, 
Joshua Ray said that he could show the tree that was the bound 
tree, etc. Sworn in court. 

Joseph Towne, aged about twenty -one years, deposed that he was 
at his brothers when John Wills and deponent's brothers marked 
the mare, which was a bright bay, with black legs, black mane and 
black tail, etc. Sworn in court. 

Joshua Rea and William Cressy deposed that the mare they saw 
at Jacob Towne's was the same that Lieut. Lothrop sold to Mr. 
Henry Bartholomew, etc. Sworn in court. 

Edman Town, Franses Nors and Joseph Town also deposed. 
Sworn in court. 

Edmon Town, aged thirty -one years, brother of defendant, de- 
posed that the mare which Jacob Town lost three years since came 
of a mare which now belongs to John Wills, and she was in depo- 
nent's yard at his house, and they marked all the beasts with the 
same earmark, etc. After marking they divided the mares, John 
Wills, having the old mare and his brother Jacob the young one, 
etc. Sworn in court. 

William Towne, aged three score years, deposed that when Joshua 
Raye and William Greece came to view the mare that his son, 
Jacob Towne, now has in his possession, said Jacob asked Greece 
if he knew the mare that Mr. Bartellmue bought of his master La- 
trape and he said he did. When questioned about the earmarks, 
he could not answer definitely, etc. Sworn in court. 

*Autograph. 



206 SALEM QUARTERLY COURT [June 

acknowledged that he sold the land to plaintiff by " an Inch of 
candle." Verdict for plaintiff, to have a legal assurance of the 
land within seven days or pay fine. Appealed to the next Court of 
Assistants. Mr. Thomas Ruck, surety for defendant's appearance.* 

*Writ, dated, Apr. 2, 1660, signed by Hillyard Veren,t for the 
court, and served by Samuell Archarde,t marshal of Salem, by 
attachment of land. ' 

Bill of charges, 21i. 7s. 7d. Jno. Putnam, old Goodman Huchin- 
son, Joseph Huchinson, Thomas Cromwell, Serjeant Haile, Thomas 
Barnes and Robert Prince were paid witness fees. 

« The Honoured Courte may bee pleased to take nottis thatt Na- 
thanell Puttman & Jno. Puttman them or Either of them will give 
tweenty pounds for the land thatt M^ phill. Cromwell Bought of 
M' Jno. Ruck." Acknowledged in court before Hilliard Veren,t 

clGric. 

Richard Hucheson, aged about fifty-eight years, Thomas Hayle, 
aged about fifty years, Thomas Cromwell, aged about forty -three 
years, Thomas Barns, aged about twenty-eight years, and Joseph 
Hucheson, aged about twenty-seven years, testified that they heard 
Mr. Cromwell bid Mr. Ruke six pounds for his farm. Then Mr. 
Rucke went and set up one inch of candle or caused it to be set up 
and said he would sell his farm by one inch of candle " and further 
sayd there is six pound bid whoe bids more, then wee Asked him 
what paye he sayd Corne or Provisions, wee sayd wee would give 
him barll staufes or hoope poolls, then he sayd noe he would haue 
Corne or proviseons, then wee sayd we would give him itt, then 
Mr. Cromwell sayd w* Iff itt should falle to mee then mr Rucke 
sayd for y" wee shall doe well anoughe : then wee went toe bidinge 
for y® farme and m"^ Cromwell bid lastt and bede six pound nine 
shillings and sume odde pence — with y* ye Candle ffell : when the 
bargaine was thus ended, M' Cromwell sayd Cheapman I will eather 
giue you a q* of wine now and you shall giue mee one when you 
giue mee a bill of sayle or ells you shall giue mee one nowe and I 
will giue you one when you giue mee a bill of sayle, then Mr Ruke 
sayd Chaepman which you please ; soe mr Cromwell Called for a 
q" of wine and did drinke to Mr Ruke sayinge heres toe you 
Chaepman mr Ruke Answered I thank you Chaepman." Sworn in 

court. , 1 , . 

Jno. Putnam, aged about thirty years, deposed that he was at 
Mr. Gidny's, and talking with Mr. Ruck about his farm, asked him 
hisprice. Deponent said he would give five pounds and Mr. Crom- 
well said he would give six, etc. Sworn in court. 

Thomas Cromwell and Thomas Barns deposed that they heard 
Mr. Ruke say to Mr. Cromwell that what he was indebted to him 
should be set off upon this account of the land, etc. Sworn in court 

tAutograph. 



1660] RECORDS AND FILES 207 

Emanuell Clearke, attorney of Edward Barton v. William Nick. 
Por withholding land belonging to Barton. Withdrawn.* 

*' in the new law book in pag 15 the law sees : wharas the way of 
pasing of houses & landes by salle in Ingland is both peesabell & 
effectuall namly by deed in writing sealed & deliuer^ w*** liueri and 
sezon or posestion giuen of the same before witnes or by deeds 
Aknowlidged and Recorded or by seesing a ffine & that divars within 
this Jueridiction are apt to Rest upon unsartiu bargins or salles 
for houses or lands of any valow ; this Cortt taking this thing into 
Searis Consideration doth heerby declare & order for the preven- 
tion of all Clandestine and unsartin salles & titells : that hence- 
forth noe sale or Alination of houses or lands in this Jueridiction 
shall be houlden Good in law Exsept the same be dun by deed in 
wrighten under hand & seel & deliuered & posestion giuen apon 
part in the name of the whole by the vender or his Atorny soe 
Athorized under hand & scale : unles the said deed be Aknowlidged 
acording to law and Recorded." 

*Writ : Emanuell Clearke, attorney of Edward Barton v. Wil- 
liam Nick ; for witholding land of said Barton's, upon part of which 
was formerly a house, which land and house had been illegally de- 
tained by defendant for divers years ; dated, June 6, 1660 ; signed 
by Hillyard Veren,t for the court ; and addressed to the marshal 
of Marblehead. 

Benjamen Parmintor deposed that the house and land now in 
controversy, he hired of Edward Barton about seventeen years ago, 
and paid him twenty shillings a year rent for it; that Barton 
was the sole owner and at that time it was fenced and planted with 
Indian corn by said Barton. Sworn in court. 

Moses Mavericke deposed that this house was built by Richard 
Hide, who had the land by his request from the major part of the 
inhabitants of Marblehead, and that he quietly possessed it as long 
as he lived in Marblehead. Sworn in court. 

Mary, wife of William Chichester, deposed that her husband at 
one time owned a house at Marblehead, said to have belonged some 
time before to Edward Bartol. She had heard her husband and 
others say that her husband bought it of Mr. Heale of Boston, agent 
to Mr. Israeli Stoughton ; and her husband enjoyed it for about two 
years and then sold it ; this was about fourteen years since. Sworn 
in court. 

Edmund Nichelson deposed that about sixteen years since, this 
house and ground of Edward Barton at Marblehead was attached in 
the suit of Mr. Israeli Stoughton, and some time after, the place 
was sold through Mr. David Heale, in behalf of Mr. Stoughton, to 
William Chichester. Sworn in court. 

Richard Hide deposed that he built this house on the half acre 

tAutograph. 



208 SALEM QUARTERLY COURT [JuDB 

John Brimblecom v. Hester James. Slander. For calling him 
rogue and vile names, etc.* 

Hester James v. John Brimblecom. Slander. Verdict for de- 
fendant.! 

John Mansfeild v. John Eamsdell. For illegally taking a yoke 
of oxen from plaintiff in the highway in a general field, and pound- 
ing them. Withdrawn. J 

granted him by the town o£ Marblehead, and he exchanged this 
property, with Edward Barton, for a house and land in Salem ; that 
said Barton possessed the Marblehead house and land three or four 
years, etc. Sworn in court. 

Benjamin Parmiter deposed that after the house was attached by 
Mr. Israeli Stoughton, Kobert Elwell came to deponent and de- 
sired deponent to remove in order that said Elwell might take pos- 
session of it for the use of Mr. Stoughton ; that Goodman Elwell 
lived there a while after that, etc. Sworn in court. 

Kobert Elwell deposed the same. Sworn in court. 

*Writ, dated, May 17, 1660, signed by Francis Johnson, § for tlie 
court, and served by the constable of Marblehead. 

Kebecka Conde, Eachell Codner and Elizabeth Skinner, all aged 
above twenty years, deposed that Eebecka Conde and Hester James 
had some difference between them. Said Hester remarked that 
John Brimblecome, who had her name in question, was a rogue, 
etc. She also called him vile names. Sworn in court. 

Ester James § of Marblehead made her brother, Erasmus James, 
her attorney ; dated, Marblehead, June 26, 1660. Wit : Johnson 
Morcombe.§ 

John Brimbelcome's bill of costs, Hi. 8s. 2d. In the second ac- 
tion, 8s. 4d. 

t Writ : Hester James v. John Brembelcombe ; slander ; for 
saying that the plaintiff said that James Watts followed after her 
like a dog, etc. ; dated, June 19, 1660 ; signed by Francis John- 
son, § for the court ; and served by the constable of Marblehead. 

Rebeca Conde, aged about thirty years, deposed that James 
Watts came to her house where John Brimblecom was, and the lat- 
ter said " James thee hast well don to com to new England to runn 
after a wench" like a dog, etc. " the said James said prithy John 
tell me whoe saith soe, he answered noe not now, but he would an- 
other time." The next day deponent heard him tell the said James 
Watts that it was Hester James who said it. 

James Watts, aged about thirty-five years, deposed that being at 
John Brimblecome's lodging, etc, 

Rachell Carnes, aged twenty years, and Richard Read deposed. 

{Writ, to replevin a pair of oxen of John Mansfeild's, in the 

§ Autograph. 



1660] RECORDS AND FILES 209 

John Hathorne v. Joseph Armitage. Debt. Forfeiture of a 
bond. Withdrawn.* 

Mr. Brian Pendleton v. John Newmarsh and Thomas Perkins. 
Debt. By bill upon his book. Defaulted.! 

Mr. Joseph Juett, attorney of Thomas Perry v. John Godferye. 
For withholding writings of said Perry, which had been satisfied 
and paid. Verdict for defendant. J 

Tho. Marshall v. Capt. Tho. Marshall. Debt. For withholding 
a heifer and calf. Withdrawn.§ 

Thomas Antrum v. Isaack Burnap. For not paying part of the 
purchase of a farm bought of plaintifiE. Withdrawn. || 

John Godferye v. Richard Ormsby. For twelve bushels of wheat 
which he promised to pay to plaintiff in exchange for a parcel of 
shoes, which was delivered at James Ordwaies house about two 
years since, on the account of said Ormsby. Verdict for defend- 
ant.lT 



hands of John Ramsdale ; dated, 13 : 4 : 1660 ; signed by Will. 
Longley,** for the court; and served by Theophylus Baley,** con- 
stable of Lyn. 

*Writ, dated, June 18, 1660, signed by Hilliard Veren,** for the 
court, and served by Samuell Archard,** marshal of Salem, by 
attachment of house and two or three poles of ground. Bond of 
Joseph Armitage.** 

tWrit, dated, May 29, 1660, signed by Robert Lord,** for the 
court, and served by Robert Lord,** marshal of Ipswich. 

tWrit, dated, Apr. 3, 1660, signed by Richard Littlehale,** for 
the court, and served by Robert Lord,** marshal of Ipswich. 

§Writ : Thomas Marshall, carpenter v. Capt. Thomas Marshall ; 
debt; dated, 29 : 3 : 1660; signed by Will. Longly,** for the court; 
and served by Theophilus Baley,** constable of Lyn. 

II Writ : Thomas Antrum v. Isaack Burnap of Salem ; for not 
paying part of the purchase of a farm, bought of said Antrum ; 
dated, June 13, 1660 ; signed by Hillyard Veren,** for the court ; 
and served by Thomas Golthwrite,** constable of Salem, by attach- 
ment of the farm, meadow and upland, housing, etc. that Isaack 
Burnap lives upon. 

f Writ, dated. May 3, 1660, signed by Anthony Somerby,** for 
the court, addressed to the constables of Newbury or Salisbury, 
and served by John Ilsly,** constable. 

James (his mark) Ordway and Anne (her mark) Ordway, his 
wife, deposed that Richard Ormsby of Salsbury had a parcel of 
shoes of John Godfry, for which said Ormsby agreed to pay twelve 

**Autograph. 



210 SALEM QUARTERLY COURT [JuQG 

Mr. Adam Haukes v. Mr. William Paine and company of under- 
takers of the Iron works of Lynn and Mr. Oliver Purchass, their 
agent. Trespass. For damming their waters so high, which was 
the cause of floating his lands, well and bridge, to his great dam- 
age for several years. Verdict for defendant.* 

bushels of wheat. Anne further testified that the payment was to 
be made a twelfth month after. Sworn, June 22, 1660, before 
Daniel Denison.f 

Anthony Somerbyf testified that when Goodman Ormsby gave a 
bond to John Godfry for certain debts he owed to said Godfry, 
there were twelve bushels of wheat accounted and put into the bond. 
Sworn, June 25, 1660, before Daniel Denison.f 

Richard Ormsbey's bill of costs, 16s. 6d. 

*Writ, dated, 4mo : 1660, signed by William Longley,t for the 
court, and served by Theophylus Bayley,t constable of Lynn, by 
attachment of meadow on the west side of the river to the Long 
Poynt, to the value of one hundred pounds. 

Oliver Purchis' bill of costs. To Major Wm. Hathorne, Joseph 
Jencks, sr., Henry Leonard, Jno. Vinton, Nicholas Pinnion, Macam 
Downing, Charls Phillips, Thomas Browne, Daniell Salmon and 
George Darline, witness fees. 

Thomas Wellman and John Knight, appointed to appraise the 
damage, reported that it amounted to lOli. a year, for the meadow, 
plow land and in floating a bridge ; in the corn field, the corn had 
suffered much from the water ; the wells were sometimes floated 
with the waters of the Iron works, so that when the pond was up 
with the waters standing in the wells, the well water was not fit 
for use on account of the dirt that fouled it ; the damage in the 
orchard, in the English grass and in the tobacco lands was also 
great, etc. Sworn in court. 

Charles Phillopes testified that he had kept the water at the 
Iron works since Mr. Purchas came, and that the latter told him to 
keep it low in order that it might not damage Mr. Haukes. This 
deponent did, and gained the ill-will of the workmen thereby. 
Sworn in court. 

Agreement, dated, Oct. 31, 1652, between John Giffard,f agent for 
the company of the Iron works, and Adam Hawks : Whereas there 
was an agreement made, 20 : 4 : 1651, by Capt. Robert Caine and 
Capt. William Hawthorne, arbitrators for said Giffard and Hawks, 
in consideration of certain damages that said Hawks had received, 
from the first erecting of the said works by raising a dam for the 
works, whereby he had lost the use of three acres in one place and 
since then, six acres, besides the overflowing of certain feeding 

tAutograph. 
4:Autograph and seal. 



1660] RECORDS AND FILES 211 

Mr. John Ruck, assignee of Mr. Thomas Ruck v. George Halsell. 
For boarding, clothing and other disbursements for and belonging 
to his daughter, from June, 1656. 

lands, for all of which said Hawks was allowed eight pounds ; now 
in consideration of that causeway which should be made him good 
by the company with sixteen loads of hay to be allowed him year- 
ly, besides two hundred cords of wood granted said Hawks to cut 
and carry away ; also in consideration of ten acres of ground now 
sold by Hawks to the Iron company, lying near the works among 
those ten acre lots which lay near Thomas Errington's house, and 
in full satisfaction for any future damage that may occur, the said 
Giffard conveyed to said Hawks, that fresh marsh called Farmer 
Dextor's marsh, which adjoined the house of Adam Hawks, which 
was in full satisfaction of the arbitration. It was further agreed 
that for the future the water should be so kept that it would not 
ascend the top of the upper flood gates in the pond or higher than 
a foot and a half from the top of the great rock that lay in the 
middle of the pond before the gates. Wit: John Jarviss* and 
Daniel Salmon.* 

Joseph Jencks, sr., deposed that he spoke with Adam Hawks 
about the damage and the latter told him that he had satisfaction 
from the old company, etc. Sworn in court. 

Thomas Browne deposed. Sworn in court. 

Daniell Salmon, aged about fifty years, deposed that, being ser- 
vant to the Iron works under Mr. Geffards, he laid out the marsh 
given to Mr. Hauckes for damage, and Hauckes was with him at 
the time, etc. Sworn in court. 

Henorey Lenard, aged about forty years, Nicklis Pinnion and 
John Vinton deposed that ever since Mr. Porchas came to the 
works, the water had been kept low by his order, so low that it 
caused a great deal of difference between the workmen and the 
water drawer ; that the waste had been dug wider and deeper since 
he came, etc. Sworn in court. 

Francis Hutchinson deposed that the flowage of water over Mr. 
Adam Hauckes' land made the ground unfit for use ; that the 
bridge in front of the house, which was the usual passage to and 
from the house for both man and beast, a herd of cattle passing 
over twice each day, had been broken by the water and the timbers 
raised up ; that the cattle were in danger of falling in and breaking 
their legs ; that sometimes it had been repaired, and then the 
water would break it so that horses going over had fallen in, etc. 
Sworn in court. 

Writ : Mr. John Ruck, of Salem, assignee of Mr. Thomas 
Ruck of Boston v. Georg Halsall ; dated, 26 : 1 : 1660 ; signed by 

♦Autograph. 



212 SALEM QUARTERLY COURT [June 

Mr. Edmund Batter v. Ned, the Indian, so called. Debt of eight 
pounds. Verdict for plaintiff.* 

John Godfery v. William Holdridg. Debt. For forty-four 
bushels of rye and twelve and one half bushels of wheat due 
three years since. Plaintiff swore that defendant was legally 
summoned. t 

Thomas Marshall of Lynn was licensed to keep an ordinary and 
to sell wine, strong waters and other provisions meet for travellers. 

Major Hathorne, on 14 : 3 : 1660, fined Owen Williams 10s. for 
striking James Thomas, it being proved. J Edward Woollen prom- 
ised to pay it. 

John Rayment sworn constable for Bass river side. 

Sara, wife of William Ellett, ordered by Maj. Hathorne to sit 
by the heels two hours or to be fined 20s. for several filthy and un- 
civil speeches, it beiug proved by several witnesses. She chose ta 
pay the fine. Wit : Zachariah Herrick, Osman Trask, Benjamin 
Balch and John Miller. § 



Jonath. Negus, II for the court ; and served by Edward Mitchellson,|[ 
marshal general. 

* Writ, dated, June 14, 1660, signed by Hillyard Veren,|| for 
the court, and served by Samuell Archard,|| marshal, who arrested 
defendant and sent him to prison. " I sent Ned the Endian to 
prison by me sonn Samuell Archard & he run away from him." 

Edm. Batter's bill of costs, 18s. 

Saml. Archard, sr., deposed that he heard Ned, the Indian, ac- 
knowledge a debt of eight pounds to Edm. Batter. Sworn in 
court. 

fSummons to William Holdridge of Haverhill for his appearance 
at next Salem court, dated. May 22, 1660, and signed by Anthony 
Somerby, || for the court. 

J Wit : Alester Mackmallen. 

§ Benjamin Balch testified that he heard Sara Ellett, wife of 
William Elett, accuse Goody Bishop of improper relations with 
Goodman Ellett, before said Bishop was married. Sworn, 14 : 3 : 
1660, before Major Hathorne, and attested by Hilliard Veren,|[ 
cleric. 

Zackery H[errick], Osmond T[rask] and John M[iller] testi- 
fied, 1: 10: 1659, that Sara EUet was a woman of an ill tongue 
and language, and had in their hearing spoken vile words concern- 
ing Edward Bishop's wife, etc. Sworn before Major William 
Hathorne, 14 : 3: 1660, and attested by Hilliard Veren,|| cleric. 

IjAatograph. 



1660] RECORDS AND FILES 213 

Erasmus James, dying intestate, an inventory* of his estate, 
amounting to 86U. Is. 8d., was brought in by his widow, Jane 
James, who was appointed administratrix. She was to have the 
estate as long as she remained a widow, and if she died, it was to 
be equally divided between her son Erasmus and daughter Hester. 
The debts amounted to 191i. 143. lOd. 

Mr. Thomas Layton was sworn commissioner for Lynn to take 
Capt. Marshall's place during the remainder of the year. 

Samll. Freind sworn constable for Manchester and Jon. Pears for 
Gloster. 

John Peers on of Kowly acknowledged judgment to Mr. Richard 
Dumer of Newbery. 

Jonathan Hutson and William Barton sworn constables for Lyn. 

Theophilus Bayly sworn clerk of the market for Lyn. 

Mr. Roads, constable of Lynn, had his fine remitted for not 
making a true return of jury of trials. 

*" An Inventory of the Estate of Jane James, widdow of Eros- 
mus James deceased," taken by Francis Johnsonf and Moses Mav- 
erick :t A Cowe, 41i. 15s., heafer, 31i. Ss., 81i. ; a new bedtick & 
boulster, 21i. ; a new green Rugg, lli. 15s. ; a iDed & boulster, 2 
pillows & 2 pillow beers, a rugg, 2 blankets & sheets, 51i. 15s. ; a 
cheste & a box, lli. ; 6 pewter dishes, lli. ; 9 poringers, 4 Candl- 
sticks, 2 salts, 7 sacers, a pewter beer cupe & small Cupp & 5 earthen 
cups & Juggs, lli. 9s. 2d. ; A warminge pann, a smothing iron, 
a spitt, pott hooks, tongs, gridiren and friing pann, 19s. ; 3 Iron 
potts & 2 small Iron kittells, 21i. ; Latten ware, pailes, tubs. Chares, 
boules, trenchers, sives, Cann, table and forme, lli. ; an earthen 
pott, 5 wedges, an Iron Crow, 2 howes, 15s. ; more wooden ware as 
barrills, hogsheads and other lumber, lis. 6d. ; 10 bushels of Indian 
come, lli. 10s. ; other Lumber, 4s. ; wareing Cloths of the deceased, 
51i. ; 5 swine, 31i. ; a house and tenn Ackre lott, 501i. ; total, 861i. 
Is. 8d. " The land in Marblehead w*'' the house in w'''^ the de- 
ceased liued and died in, beinge in controversie between Erosmus 
James Junio"" & Richard Reed w°^ we knowe not whose it is, but be- 
inge desired by the said Erosmus James Junio'tobe prised weval- 
lew at the some of fortie pounds." Wit : John (his mark) Legd.$ 
Debts of the said Erosmus James at his death : To Arther San- 
den, 13s. 5d. ; Mr. John Phillips of Boston, 41i. ; Mr. Philips 
Crumwell, 41i. 14s. Id. ; Mr. Mauericke, 31i. 7s. 4d. ; Fra. John- 
son, 31i. ; Richard Read, 21i. 10s. ; Mr. Corwine, lli. 10s. ; total, 
191i. 

t Autograph. JLegg. 



214 SALEM QUAKTEKLY COURT [June 

William Golt, dying intestate, his widow, Mary, brouglit in an 
inventory,* and was granted administration upon the estate. 

Mr. Edward Norice brouglit in the last willf and testament of 
his father, Mr. Edward Norice, deceased, and it was proved. 

*Inventory of the estate of William Goult, taken Apr. 21, 1660, 
by Jefferie Massey and John Kitchin : A dwelling house wth. 1& 
pole of land aptayning thereunto, 201i. ; a feather bed, a feather 
boulster and an ould pillow, 81i. ; one ould Eugg & one ould Cover- 
ing, Hi. ; Curtens and valence, 15s. ; 2 beedsteeds wth. 2 bed Cords, 
15s. ; 1 ould bed, 1 ould boulster, 2 blankets and 1 ould Covering, 
Hi. 4s. ; 3 payre of sheets & 1 odd sheete, 21i. ; 3 ould Course 
napkins, Is. ; 2 Chests, 16s. ; 2 Trunkes, 12s. ; a Cheare table, 7s. ; 
a Cobbord, 8s. ; 2 pewter dishes, 9s. ; 3 small ould pewter dishes, 
4s. 6d. ; 1 pint pot, 1 pewter botle, a pewter candlestick and 2 
dram cups, 8s. ; a latin puding pan, a latin lamp and a sawce pan, 
28. ; 1 brass ketle, 1 ould warming pan and a skellet, Hi. 3d. ; 2 
Iron ketles, 1 Iron skellet and 1 Frying pan, 1 6s. ; fyre shovell, 
tongs, hake and hookes, 7s.; 5 Cheares, 5s.; barells, tooles and 
trayse wth. other wooden Implements, Hi. Is. ; 1 Smoothing Iron 
wth. heating Irons, Ss. ; 9 li. of linen yarne, lli. ; Coton wooll and 
Coton yarne, 8s. ; 1 axe, 2 Iron wedges, a shave, a black bill wth. 
other small Iron tooles, lis. ; shoemakers tooles, 9s. ; a bible 
wth. other small bookes, lis. ; ledder unwrought, 51i. ; 1 hamer, 
2 ould hatchets wth. ould Iron, 3s. ; shoomaker's last wth. 
stoole trees, 13s. ; wearing aparell, 41i. 8s. ; a stone Jar wth. other 
Implemts., 5s. Debts due out of the estate : To Mr. William 
Browne, 31i. 12s. ; Mr. Georg Corwin, 21i. 10s. ; Mr. Gedney, 15s.; 
Mr. Phillip Cromwell, lli. 16s. ; John Porter, jr., 61i. 5s. ; Bridg- 
ham of Boston, 51i. 2s. ; Mr. Batter, lli. 2s. ; the balance of the 
estat, Rest Cleare, 271i. 2s. 6d. Children of William Goult, de- 
ceased : Bebecca, aged nineteen years ; Debora, aged about fifteen 
years ; Sara, aged about thirteen years. 

fWill of Edward Norice of Salem, " Minister of the Gosple of 
Jesus Christ & Teacher to the Church of christ In Salem, hauing 
an Infirmytie upon me W*"' may proue uery dangerous, & mortall," 
etc., proved by Mr. Price, 27 : 4 : 1660 : " Imp"^ : I giue & be- 
queath my Soule into the hands of Jesus Christ my deare Redeem- 
er, in whose Faith I haue Lived preached, & now By his Grace 
hope to dye in, As alsoe my Bodie to the earth from whence it was 
taken. Item I Giue & bequeath unto my Son Edward Norice (my 
debts being paid) & to his heires for euer my dwelling house (I now 
Live in), W**^ all the outhouses, gardens, orchards & Arable Laud 
thereto belonging, & appertaining, together with all my household 
stuff, Bookes, goods & chatties moueable and unmoueables, W*^ all 
my debts, bills & bonds, & it is my will that my s'^ Sonn Edward 



1660] RECORDS AND FILES 215 

Hana Bradstreet was granted administration upon the estate of 
her husband, John Bradstreet, deceased. Inventory,* amounting 
to 1031i. 9s., was proved. 

Willt of James Moore, proved by Joseph Jenkes, sr., was al- 
lowed. Ruth, widow of deceased, brought in an inventory,! 
amounting to 561i. 8s. 6d. 

Norice be my Sole Executo"" to this my Last Will & Testam* de- 
sireing & intreating my Louing Friends Jn° Home & Richard 
Prince decons of the church of Salem afore s*^ to assist my Sonn 
& be In place & steed of ouerseers of this my Last Will & Tes- 
tam* as Need Requireth, Unto w*"^ in these prsts I haue hereunto 
sett my hand & Seale the 9 day of the 10 m° : Called decemb : one 
Thousand six hundred fifte seauen 1657. Edw. Norice.§" Wit: 
Walter Price || and Elias Stileman. || 

*Inventory of the estate of John Broadstreet of Marvellhead, 
lately deceased, taken by John BartoU and Joseph Dalliver, on 14 : 
4 : 1660 : One Bible wth. 3 small seabookes, Hi. 6s. ; sea instru- 
ments, Hi. 5s. ; one feather bed, one pillow, one flocke bed, one 
Cotton Rugg wth. the Bedlinnon, 81i. 17s. ; one peece of Hollan, 
41i. ; eight yds. of Canvas, 24 yds. of Ossembrike, one halfe peece 
of Bluliunon wth. som Taken, 41i. 5s. ; Three Pewter platters, 1 
pott, 2 dishes, 2 Iron potts, 3 hangers wth. one Postnett, 21i. 8s. ; 
Beaver, 21i. 5s.; one suit of Waring Apparrell, one Cloke, wth. 
Sea Cloathes, 33 Chayres, 81i. 3s. ; one payre of Curtanes and Val- 
lance, Hi. ; Two Cowes, 81i. ; one mare, 121i. ; howse, 201i. ; Power 
ten Acre lotts, 301i. ; total, 10311. 9s. 

t Will of James Moores of Hammersmith, dated, 5:5: 1659. He 
bequeathed *' One Cow y* is now feeding to ray little daughter : 
Dorothy : to be sold & Improued to y® best aduantage as y^ lord 
shall please to blesse it for y** good of my said child, as 
for the rest of my estate : all Just debts being honestly paid : 
in y® first place whatsoeuer is Remayning I doe giue 
& bequeath to my beloued wife Ruth Moores : both of what is 
myne within doores & also else where in any mans hand or other- 
wise: to be at her disposall for her good & Comfort & for y® ac- 
complishment of this my last will I doe appoynt Oliver Purchis & 
John Clarke : my Louing friends to be my ouerseers." James (his 
mark) Moores. Wit: Joseph Jenckes, sr.,|| andJoseph Jenckes, jr. || 

^Unsigned and undated memorandum or inventory of the estate : 
Swine, pewter, two brass skillets. Iron potts & kettles, a firepan, 
slice & potthooks, 4 wedges, 2 beetle rings, wearing apparrell, 
sheets, shirts, a table Cloth, 3 hatts, a flockbed, 3 Fether pillows, 
a Cubbart & Cubbart Cloth, a Chest, one Chaire, barr of Iron, Lin- 

§Autograph and seal. 
II Autograph. 



216 SALEM QUARTERLY COURT [June 

John Pomeroy, on his confession that he was overtaken in 
drink, was fined. Mr. Walter Price promised to pay the fine. 

James Underwood fined for absence from jury, which was later 
partly remitted. 

Mr. Johnson was licensed to sell strong waters to those to whom 
he sold other goods, provided he sold and delivered not less than a 
gallon at a time. 

Danyell Cleark was licensed to keep a house of public entertain- 
ment in Topsfield. 

Mr. John Hathorne's license renewed. 

George Eopes was allowed 18d. for attendance at court, on com- 
plaint of Tho. Robins. 

John Godfery was allowed charges for attendance at court on 
complaint of Abram Whittaker.* 

The wife of William Vincent confessed to disturbing the people 
in the meeting-house on the Lord's day, and was ordered to pay a 
fine or make public acknowledgment. William Vincent promised 
to pay. Wit : Jon. Pears and Jon. Davis. f 

nen wheele, 3 pr. of shooes, ; a payre of men's stockings, 4s. ; 

other old Lumbar in ye Kitchen, 13s. ; butter & Cheese, Hi. 4s. ; 
tools p Colliers use, 31i. 4s. 6d. ; total, 561i. 8s. 6d. 

*Writ, dated, Apr. 16, 1660, signed by Richard Littlehale,$ for 
the court, and served by Michaell Emerson, J constable of Haverhill. 

John Godfree's bill of charges, Hi. 2s. 4d. 

t"To y® Honerable Court of Salem: I Sarah Vincen was pre- 
sented for speaking to a man at y® meeting house doore upon y* 
lords Day ; the words y* I said : if you goe into teach heare you 
must leaue yoar head be hinde you : The Reson why I said these 
words was Because that a few dais befor he said If I come to teach 
here as long as there is an abler man in y® town I will give you my 
head from my shoulders : and I seing that the man had taken 
upon him y« weeke befor : to cary im y® worke of a day of Humili- 
ation appoynted by y® generall court ; to y® great greefe of many in 
y^ towne : and then coming again y® Next Saboth after to cary un 
the worke of y** Saboth againe ; I thought in my conscience I could 
doe no les then to speake to him about it ; being I conceiued y* he 
lay under sinn & y« more because there was another appoynted by 
y® Honerable court to cary un the worke until the lord should be 
pleased to prouid another and I speake to no man but to himself 
neither had I y« least thought to make any Disturbance at all, But 
I haue since better considered of it : & I am very sory y* I did say 
anything at all unto him at y* time or in y* place ; though I did 
indeauer to speake to him in priuat but I could not : I doe ac- 
JAutograph. 



1660] RECORDS AND FILES 217 

Samuell Archer, marshal, according to power given him by the 
court, sold ten acres of land to Tho. Oliver for 51i., and a two acre 
lot in the town to Ed. Woollen for 7li. 10s. Court confirmed his 
action. 

Thomas Putnam was allowed witness fees for several present- 
ments. 

Benjamin Woodrow and Eebeca Cantleburye sentenced to be 
ivhipped or to pay a fine of 40s. each for fornication before marriage. 
John Rowdon promised to pay 40s. and the said Benjamin the 
other 40s. within the year.* 

Will and inventory of the estate of Laurence Sothwick, deceased, 
brought into court by John and Danyell Sothwick, had not been 
legally proved nor inventory perfected. They were given until the 
next Salem court to perfect them, and were bound in 400 pounds.f 

Mr. Thomas Gardner, appointed by the last court as administra- 
tor of the estate of Joshua Connant, deceased, brought in an ac- 
count of the said estate and was discharged.]: 

knowlidge that wisdom & sobriety should haue taught me to fore- 
borne at y* time & haue made athority aquainted with it at some 
other time ; & I am uery sory y* I did it ; for I neuer did so befor 
& I hope I shall never doe y® like againe : But I conf es y* it was 
out of tendernes of conscience y* I did it and so I am willing to 
submit it to y® Honerable court & what they shall Judge of I am 
willing to yeeld." 

John Pears, aged forty years, deposed that Sara, wife of William 
"Vincin, about the middle of June, 1659, upon a Lord's day, stood 
upon the threshold of the meeting house door, one hand upon one 
post of the door and the other on the other post of said door, and 
to the grief of many present, etc. ; also that William Vincin said 
that he could not persuade his wife to stay home that Lord's day, 
and therefore he brought the black staff up to the meeting house 
to prevent what might follow. Sworn in court, June 27, 1660. 

John Davice also deposed. Sworn in court, June 27, 1660. 

*Ben. Woodroffe and Rebecca Canterbury were brought before 
Wm. Hathorne,§ 6:12:1659. Both confessed, and were bound 
to next Salem court. Wm. Canterbury, surety for said Rebecca, 
and Josua Ray and John Harwood, for Woodrolfe. 

fWilliam Robinson and Thomas Gardner testified to the court 
that John Southick and Daniell Southick " haue made a verie 
fayre agreement about the deviding of their fathers estate." 

JA note of what was dewe to mee from Josuah Connant : Win- 
tering of 8 sheepe at 6s. 'p sheepe, 21i. 8s. ; 32 lode of wood at 43. 

§Autograph. 



218 SALEM QUARTERLY COURT [June 

The difference pending in the case of John Mansfeild v. John 
Kamsdell, concerning a highway in a general field at Lynn, which 
action had been withdrawn, ordered to be settled by Farmer John 
Porter, William Dodg and Roger Hascall, all of Salem. They 
were to view the said highway, in company with said Mansfield 
and Kamsdell, and to take information from none except the pro- 
prietors of that field; also to make return to the next Salem court. 

Richard Stackhouse and Mary Woodberye, bound to this court 
to answer to some words in difference between them, were dis- 
charged.* 

The wife of Anthony Needham presented for absence from pub- 

^ lode, 61i. 8s. ; for a bushell of wheate, 5s. ; 3 bushels of Indian 
Corne, 9s. ; pay de for him to Jone Cotta, ]ls. ; dew to Joseph 
Gardner for 3 yeares rent for his house at 31i. '^ yere, 91i. ; payd 
for him to Richard Prince, 13s. ; payd to Mr. Browne, lOli. ; payd 
to Mr. Crommell, 51i. 13s. lid. ; total, 351i. 7s. lid. 

Hugh J ones t testified that while he lived with his master Gard- 
ner, the latter wintered eight sheep for Joshua Connant, and de- 
ponent carried in wood to his wife, " I gesse " upward of thirty 
loads, also corn and wheat, etc. 

Jone (her mark) Cotta, wife of Robert, testified, 20 : 4 : 1660, 
that she received of Thomas Gardner of Salem, eleven shillings 
for the keeping of Josuah Connant's sheep one summer. 

Phillip Cromwell'st receipt dated, June 10, 1659, from " ould 
m' Gardner " for a debt of 51i. 13s. lid. 

*Richard Stackhouse complained of by Mary Woodbury for 
calling her filthy, bobtail sow, etc., and for saying that he would 
stab her and stamp her as fine as the earth, etc. 

Henry Bayly complained that Stackhouse abused him with 
words, calling him knave, etc., and saying he could prove it. 

Ralph Elenwood testified that when he and his wife were 
together, Stackhouse called them rogue and baud, and it was 
witnessed by Tho. Tuck and Samll. Corning. 

The daughter of Richard Stackhouse testified that Mary Wood- 
bery gave her abusive speeches, and also struck her with a broom. 

Mrs. Cromwell testified that while she was at Stackhouse's house 
waiting to get passage over the ferry, the latter delayed and gave 
her many abusive and unseemly words. 

Ensigne Dixy was surety for his daughter, Mary Woodberie's, 
appearance. 

All the foregoing testimony and record, dated, 14 : 3 : 1660. 

" The wife of hugh Woodbury & Richard Stackhouse are agreed 
if the honored Coort wilbe pleased to Release there bond." 

tAutograph, 



1660] RECORDS AND FILES 



219 



lie ordinances, fined 31i. 15s., for fifteen days' absence. She re- 
fused to pay or have it paid for her, and the court, considering her 
former offensive and provoking speeches, and she, desiring to have 
the punishment inflicted upon her person, ordered her to be whipped 
twelve stripes. 

Mr. Edmond Batter admonished on his presentment for saying 
that Eliz. Kitchiu had been "apawawing," and calling her base 
quaking slut, with divers other opprobrious and taunting speeches. 
Presentment was not wholly proved, although he confessed that he 
said to Elizabeth either "haue you beene? or she had beene 
apawawing," and called her a quakiug slut, " meeting of her be- 
tims in the morning comeing as he supposed from a quaking meet- 
ing, seing also som other psons (that waies afected) Comeing yt 
waye which shee came," etc.* 

Zachary Herrick fined for abusing Roger Hauscall when he was 
constable, threatening him and speaking reproachfully to him. 
Also to pay the witness fee of John Rayment.f 

*John Ward, J aged about twenty years, and Thomas Mekings,J 
aged about eighteen years, deposed that, being with Mr. Batter 
and Thomas Rootes near Strong water brook, they saw the two 
latter when they met with the wife of John Kitching, riding upon 
the highway ; that they took her horse by the bridle and bade her 
come down, but she would not. Then said Batter and Rootes 
pulled her, and the man who was before her, off the horse, took it 
from them, and said Rootes rode away with it, etc. 

Mr. Phillip Cromwell, aged about forty-eight years, deposed that 
he and Thomas Roots were present when they met Elizabeth Kit- 
chin on horse back ; that Mr. Batter did not touch the said Eliza- 
beth, neither did he vise the word base, nor was he in any passion, 
etc. Deponent was near him and saw and heard everything, and 
John Ward and Thomas Meakins were about four or five poles 
away. Thomas Roots deposed the same. 

Summons served, June 28, 1660, by Tho. Roots and Tho. Gould- 
thryt, constables of Salem. 

tJohn Reaymond, aged about thirty-eight years, deposed that 
he went with the constable, Rogger Haskcull, to Zach. Herrick's, 
who was not at home at the time ; that the constable took a kettle 
for his rate, and Herrick, coming in presently, took said Haskcull 
by the shoulder and threatened that he would make him an exam- 
ple to all such knavish constables as he or all knavish constables. 
Sworn in court. 

Ousman Trask, Edmond Grover, Zechariah Herieck and Joseph 

t Autograph. 



220 SALEM QUARTERLY COURT [June 

The following matters were referred to Major William Hathorne : 
To inquire about an ox, which was lost, belonging to the county ; 
also concerning a complaint about the misusage of John Phelps, 
son of Henry Phelps ; and about a child belonging to George 
Byam, now in the hands of William King. 

Hugh Joanes and Isaack Cooke allowed witness fees in a pre- 
sentment. 

Ordered that a county rate be raised, to the value of one tenth of 
the country rate, and to be paid in at the same time that the latter 
is received. 

Ordered that Samll. Archer, marshal, in the execution of his 
office in gathering up the courts " dues or fines," be not personally 
responsible for the goods he seized legally, notwithstanding any 
pretence of any person of making over their goods to another. 

Mr. Stileman licensed to draw wine, and ordered to agree with 
Mr, Gedney what to allow for the drawing of wine by the butt or 
otherwise. 

Servants of the house were allowed five shillings. 

Judgment on the presentments brought into court, 27 : 4 : 1659 : 

James Smith convicted and admonished for absence from the 
public ordinances on the Lord's day.* 

The wife of George Gardner, the wife of Samuell Shattuck, and 
the wife of John Kitchin were fined 50s. each for ten days' ab- 

Harrise deposed that seeing Edmond Grover's landmark removed, 
Kogger Haskcall acknowledged to them that he did remove it. 

Ousmone Trask, aged about thirty-five years, deposed that when 
Eogger Haskcall was constable, Zachariah Herieck went to depo- 
nent for barley to pay his rate to the said Haskcall. Deponent 
measured it and delivered it to said Herieck, who carried it to 
Haskcall, and William Sirgant said he went with Herieck when he 
took the barley. Deponent further testified that said Haskcall de- 
manded of him twenty shillings of the meeting-house rate, after 
he had paid it, but when he saw he could prove it, Haskcall ac- 
knowledged he had received it. 

Edmond Grover, aged about sixty years, deposed that, two years 
ago when Rogger Haskcall was constable, he demanded his rate 
twice, and apologized by saying that he could not make up his 
accounts with Mr, Cor wine, etc. 

Joseph Harrise, aged thirty years, deposed that, four or five years 
since, said Haskcall demanded six shillings, after it had been paid 
by his order, toward the meeting house. 

*Wit : Thomas Pitman and William Charles. 



1660] RECORDS AND FILES 221 

sence from public ordinances. These several persons were adjudged 
for their delinquences from 30 : 9 : 1658 to 27 : 4 : 1659. 

The wife of Robert Buffum and the wife of John Sothwick were 
fined for fifteen days' absence. 

Danyell Sothwick and John Small were fined for twenty days' 
absence. 

Samuell Salmon admonished for often absenting himself. 

Joane, wife of Robert Hibbert, fined or to make acknowledg- 
ment, upon her presentment for railing and speaking several lies, 
afl&rming that Zachariah Herrick went away drunk from John 
Stone's house about one or two o'clock at night, etc. She denied, 
to those who heard her, that she spoke the words, and took God to 
witness ; and also said, as she had a soul to save, it was not true. 

Elizabeth, wife of Edmond Nicolson, admonished for absence 
from public ordinances.* 

Elizabeth, wife of John Legg, ordered to pay fine or make ac- 
knowledgment, for saying that if the people followed Mr. Walton's 
preaching or ministry, they would all go to hell. She paid the 

fine.f 

Michael Shaflin, Veren, the wife of Josiah Sothwick, the 

wife of Richard Gardner and William Marstone admonished for 
often absenting themselves from public ordinances on the Lord's 
day. 

Samuell Wilkins fined upon his presentment for several gross and 
pernicious lies. J 

*Marblehead presentment. Wit : Mr. Moyses Maverick and Tho. 
Pittnam. Summons signed by Hillyard Veren, § cleric, and re- 
turned by Joseph Dallaber,§ constable of Marblehead. 

fMarblehead presentment. Wit : Elizabeth Codner. Summons 
signed by Hillyard Veren, § cleric, and returned by Joseph Dalla- 
ber,§ constable of Marblehead. 

Benjamin Parmiter deposed that the wife of John Legge upon a 
Lord's day morning, coming from meeting, upon occasion of Mr. 
Waltum's reproving one who slept in meeting, broke out against 
him and said that " we were all a Company of fooles," etc. Sworn 
in court. 

Jno. Codner, aged about thirty-four years, deposed that he heard 
Elizabeth Legge say that Mr. Walton was a " Catch Pole and all 
that follow his preaching shall goe to hell," etc. Sworn in court. 

f Joane (her mark) Veale deposed that Samuell Wilkins, hearing 

§Autograph. 



222 SALEM QUARTERLY COURT [June 

Joane Hibbert fined ten shillings upon her presentment, for say- 
ing that Liddea Grover and Mary Grover were the "veriest lyers 
att bass riuer & they were able to ly the deuill out of Hell." She 
confessed that she said it and that it was true.* 

her say that she wanted a kettle, replied, " I haue bought soe much 
Iron and brasse as hath cost me Fine pounds and I will bring you 
one : afterward he came to me and said I must goe to Salem to a 
sermon therefore if you will lett me haue some money on next mun- 
day the kettle shall be brought in a Cart : I gaue him 4^ in money 
on that condition : when he came againe I demanded the kettle he 
told me he was much troubled for ther was a man whose house was 
burnt and halfe the house was his in which house he had much 
money in a Chest either fiue or seaven pounds which was all lost ; 
yet I was more troubled for the pore man then for my losse and 
haue giuen him some thing to help him and haue been geting a house 
for him and afterward I meett the minister who said Samuell I 
haue read of many and heard of many butt neuer knew any soe lou- 
ing or mercyfull to the people of god alsoe he invited my husband 
and my selfe with many others to his father's house on the generall 
day of thankgiuing where he said we should haue here that was 
seaven yeares old and that his Father had Fiuetene score peices of 
plate silver bowles and basins which she should see," etc. He 
spoke other words, which she thought could not be true. Emanuell 
(his mark) Clarke testified to the same. 

*Henry Herrick, jr., and Mary, wife of Zackory Herick, deposed 
that they heard Joane Hibbard say it. 

John Godfree's bill of charges in William Holdridge's action, 
Hi. 3s. 4d. ; in Mr. Joseph Juett's action. Hi. 4s. 

" This 8^^ of June 1660 

" We whose names are under written being called by the Coun- 
stable of Ipswich to be a Jury of Inquest to inquire how Daniell 
Warner the son of John Warner came by his death we do find by 
our searching and what euidence we heard that to our best light 
that we haue found is as followeth : Samuell Warner the son of 
John Warner being tapping a tree and a poule with meny snags on 
it standing up against the tree and daniell Warner being about the 
tree the arme of the tree falling downe droue the poale downe and 
hit him on the left side of the head and as we conceue on of the 
snags of the poale did breake his scull and a hoale on the side of 
his forhead wch we conceiue was his death. Theophilus Wilson, 
Daniell Warner, Thomas Louell, Samuell Bernum, John Caldwell, 
Kobert Collens, Thomas Newman, John Edwards, Samuell Hunt, 
Daniell Ringe, John Ganes, Daniell Dauison." This verdict was 
sworn to, June 11, 1660, before Daniel Denison.* 

" The names of the iury and their verdict upon the death and 
drowning of William EUet the 14*'^ of the 7 month 1660 : William 



1660] RECORDS AND FILES 223 

Tho. Roots, constable, was allowed 2s. 6d. for whipping the wife 
of Anthony Needam. 

Dodge, Robert Hubbard, John Leech, Edmond Grouer, Zackary 
Herrick, Cornelius Baker, Osmond Traske, John Grouer, Joseph 
Harris, John Miller, Nicholas Decane, Isack Dauis. 

" We aboue named doe find and iudg that William Ellet upon 
our best serch and inquiry came by his death by aduenturing into 
a deep pond after a duck or ducks that had bin shott, the pond bein 
inviraned w*** long weeds some about nine fathoms and both hands 
had weeds fast wrapt about them. He was drowned the day befor 
this date but found this morning." 

This verdict was sworn to, 5 : 10 : 1660, before Wm. Hathorne.* 

Writ : John Hathorne v. Theophilus Bay lee ; debt ; dated, June 
18, 1660 ; signed by Hillyard Veren,* for the court ; and served 
by Samuell Archard,* marshal of Salem, by attachment of a cow. 

Writ : Mr. Joseph Jewett v. Twiford West ; for refusing to give 
security for land which he sold plaintiff; dated, June 19, 3660; 
signed by Robert Lord,* for the court ; and served by Robert 
Lord,* marshal of Ipswich, by attachment of land about the house 
of defendant. 

Writ : Mr. Joseph Jewett v. George Hadly ; debt ; dated, Apr. 
4, 1660 ; signed by Richard Littlehale,* for the court ; and served 
by Robert Lord,* marshal of Ipswich, by attachment of six acres 
of defendant's land, lying near Haverhill river, having the land of 
Mr. Joseph Jewitt on both sides. 

Writ : Robert Barges v. Mr. Samuell Bennet ; debt for about 
two years' diet for his son Elisha ; dated, 20 : 4 : 1660 ; signed by 
William Longley,* for the court ; and served by Samuell Archard,* 
marshal of Salem. Samuell Benett* gave bond. 

Writ : John Kindricke v. Peeter Coffin ; for a debt he engaged 
to pay plaintiff, which was due by bond from his father, Tristram 
Coffin, to the said Kindrick as assignee of John Godfry ; dated, 
June 4, 1660 ; signed by Robert Lord,* for the court ; and served 
by Robert Lord,* marshal of Ipswich. 

Writ: Symon Tompson v. Isaiah Wood; debt of seven pounds, 
which he stands engaged for him to Mr. Corwin of Salem ; dated, 
Mar. 28, 1660 ; signed by Robert Lord,* for the court ; and served 
by Robert Lord,* marshal, by attachment of twenty bushels of 
Indian corn in the barn, corn and a flitch of bacon in the dwelling 
house, one sow and three shoats in the yard and wheat and hay in 
the old barn. 

Writ : Josiah Roots v. William Pitts ; trespass in building a 
house upon plaintiff's land and digging clay without said Roots' 
knowledge or consent ; dated, Apr. 2, 1660 ; signed by Hillyard 

•Autograph. 



224 SALEM QUARTERLY COURT [June 

Veren,* for the court ; and served by Samuell Arcliarde,* marshal 
of Salem. 

Writ : Samuell Benett v. Eobert Burges ; debt ; dated, June 20, 
1660 ; signed by William Longley,* for the court ; and served by 
Samuell Archarde,* marshal of Salem, by attachment of defen- 
dant's house. 

Writ : William Trask, sr. v. Thomas Robbins ; defamation, in 
saying that Susan, daughter of said Trask, ran after everybody 
and was common for everybody, etc. ; dated, Jvme 18, 1660 ; signed 
by Hillyard Veren,* for the court ; and served by Samuell Ar- 
charde,* marshal of Salem. 

Writ : Nathanyell Pickman, attorney of Peeter Paulfry v. Sam- 
uell Benett of Rumny marsh ; debt of 31i. 5s. due for apple trees 
bought of plaintiff ; dated, June 15, 1660 ; signed by Hillyard 
Veren,* for the court ; and served by Samuell Archarde,* marshal, 
by attachment of defendant's orchard. 

Writ : Mr. Jonathan Wade v. Isaiah Wood ; debt ; dated, 27 : 
1 : 1660 ; signed by Robert Lord,* for the court ; and served by 
Theophilus Wilson,* constable of Ipswich, by attachment of cattle. 

Venire for Lynn trial jury men, dated, 23 : 3 : 1660, signed by 
Hillyard Veren,* cleric, and served by Henry Rhodes,* constable 
of Lynn, who returned the names of Henery Collins, sr., Goodman 
Parrer, Edward Richards, Mathew Farronton and Goodman Rames- 
den. Goodman Barterum and Johnathan Huchson were chosen 
constables. 

Venire for Wenham trial jury men, dated, 30 : 3 : 1660, signed 
by Hillyard Veren,* cleric, and served by John Dodge,* consta- 
ble of Wenham, who returned the name of John Feske. 

Venire for Marblehead grand jurymen, dated, 30: 3: 1660^ 
signed by Hillyard Veren,* cleric, and served by Joseph Dalaber,* 
constable of Marblehead. 

Treasurer's account was given in by Ed. Batter,* 26 : 4 : 1660. 
Debtor To Thomas Putnam, ] 2s. ; to Henry Skery, 16s. 6d. ; to 
Tho. Newell of Lyne, for hew & Cryes, 12s. ; to Chardges to Gary 
Quakers to Genii. Court, May, 1659, 21i. Is. 2d. ; to Mr. Gidney for 
Comssionrs. expences, 41i. 5s. Id. ; to Tho. Rootes of Lyne for hue 
& Cryes, 7s. 4d. ; to Samll. Corninge of Salem for hew & Crys, 6s. ; 
to an oxe of Jno. Southwicks fine, lost, 51i. ; to Land & house for 
Nich Phelps fine ready to be dd. to the Court, 91i. 6s. 6d. ; to 
Joshua Buffham, fine not pd.. 15s. ; to Daniell & Puided South- 
wicke, their fines not pd., lOli. ; to Thomas Bracket's fine Remited, 
41i. 15s. ; to Alister Grind & Jno. Smith not pd., Hi. ; to what ia 
due to me from Ipswich Court accounts, 15s. 4d. ; to Joshua Tur- 
land to have Whartn to prison & for looking to Joshua Buffham at 
Mr. Gidney's, 5s. ; to Samll. Archard Sallary in the yeare 57, 51i. ; 
to Roger Hoskall for Chardge aboute Quakers & hew & Cryes, 8s. ; 
to Constable Roads of Lyne for Chardge about Hue and Crys for 

•Autograph. 



1660] HECORDS AND FILES 225 

Court held at Ipswich, Sept. 25, 1660. 

Judges : Mr. Symon Brodstreet, Mr. Samuell Symonds, Major 
Genii. Denison and Mr. William Hubbard. 

Grand jury : Edmond Bridges, John Dane, Ed. Lomas, Allen 
Perley, John Wiate, Jo. Addams, Daniell Peiree, Jo. Cheny, Hen. 
Lunt, Will. Stickny, Jo. Broclebanke, Jo. Person, Dan. Poore and 
Isaack Comings. 

Jury of trials : Mr. Dan. Epps, Tho. Bishop, Jo. Denison, Will. 
Prichett, Jo. French, Lieft. Jo. Pyke, Jo. Merrill, Robert Addams, 
James Barker, John Tod, Will. Boynton and Tho. Dorman. 

Upon an attachment served against this court, John Newmarsh 
appeared before Mr. Samuell Symonds and Major Genii. Denison, 
Sept. 24, 1660, and acknowledged judgment to Capt. Bryan Pendle- 
ton. Allowed by this court. 

Quakers & others, 19s. ; to Tho. Rex, for Caringe Lidea the Quaker 
to Boston, 6s. 4d. ; to Tho. Barnes, for his horse heir, Is. 6d. ; to 
Mr. Roads of Lyne for 3 hue & Cryes, 8s.; total, 47li. 19s. 9d. 
Creditor : 28 : 1 : 1659, 4811. lis. 4d. Rest due to County of Es- 
sex, lis. 7d. 

Bill of presentments, 26: 4 : 1660, signed by Walter Price,* in 
the name of the rest : — 

Charls. Gott, Tho. Spooner, Tho. Antrum, Rich. Bushop, Fra. 
Scerrye, Nath. Puttnam and Wa. Price, jurors, nominated to make 
inquiry " of o"^ Brethren and ISTeibors concerning these severall psons 
whose Names are Underwritten whyther they Com to the publicke 
meetting to heare the word preached one the lords days : according 
law. Wee cannott find no^ Understand that they doe at all Apeare 
there : as alsoe it is the Common fame that they doe totaly wthdraw 
them selves : and therfore wee that are of this psent Jury : doe all 
agree to psent them to this psent Court : Viz :" Mygell Shafflen, 
Phillip Veren, the wife of Josyas Sutheck, the wife of Richard 
Gardner and William Marston, confessed and were admonished; 
Ellisabeth, wife of John Kiching, for twenty days' absence ; the 
wife of Robert Buffam, and the wife of John Sutheck, for twenty-six 
days' absence ; the wife of Nicholas Phelps and Edward Wharton ; 
Samuell Gaskin, for twenty-four days' absence ; Daniell Sutheck, 
for forty days' absence. Summons served by Tho. Roots and Tho. 
Gouldthryte, constables of Salem. 

Samuel Wilkisson of Lynn, for several gross and pernicious 
lies. Wit : Emanuell Clark and Joan Veale. 

Jno. Pickworth, sr., and his sons, John, Samuell and Joseph, for 
a breach of the peace in fighting with Jno. Norman, sr., and John 
Norman, jr., Tho. Bushop and Norman's servant. Dismissed. Wit: 

*Autograph. 



226 IPSWICH QUARTERLY COURT [Sept. 

Civil cases : — 

Will. Edmonds v. Henrye Greene. For curing his daughter's 
leg, etc. Verdict for defendant. Joseph Armitage, plaintiff's at- 
torney, appealed to next Court of Assistants. Withdrawn.* 

William Benett and Tho. Millett, jurors. Summons given to con- 
stable of Manchester. 

Letter addressed " For M' Heleyawrd Veren, Clark of the Writs 
at Sallem :" 

" M' Veren this is to sertyfie you that w* was mentioned in the 
warent you sent I haue indeaeured acourden ther unto to discragh 
my selfe and theas p^'tys underwriten are or may be expected to 
apeare being somons to cowrt by lauefull warening John Peck- 
worth seinouer and his sonns Samuell and Joseph as for his son 
John he is not in this Plantion as allsoe John Norman and Thomas 
Bushep and ||John Normans || his sarvant John Lawes, as for John 
Norman Juneyr he is in a voyedg to sea and for wittnes Willam 
Bennet as for Thomas Millet he is no inhabetent among us ; and 
for a man to serve in the Grand Jureye o' Plantation hath made 
choyce of niclowes Vencen this is a tru returen p me 

Sam. friend* 
" Cunstebell in Manchster.'* 

« from Manchestr the 28 of nouember 1660." 

Counter presentment brought by John Norman, etc. 

Venire to constable of Manchester, signed by Hillyard Veren,t 
cleric. 

Nathaniell Pattey, for absenting himself from meeting nearly all 
the year past. Wit: Eich. Stackhouse, Tho. Chubb and Avis 
Chubb. Summons to Benjamin Felton,t constable of Salem, 10 : 
9 : 1660, who returned that said Pattry had gone to sea. 

Thomas Choub and wife Anis testified that Nathaniell Patte 
wished that some good body would send the constable to take him 
to the meeting, for he had not been there for a twelfth month 
Patte was servant to Hew Woodberi. 

Edward Winter, for being disguised with drink. Wit : Joseph 
Dolyver and John Cowman. Summons to constable of Marble- 
head. 

John (his mark) Coman testified that coming to the house of 
Thomas Gray, he saw Kaph Eares and Edward Winter so drunk 
that they could not go or speak as they used to do. Joseph Dalla- 
ber,t constable, deposed the same. 

Edmund Nicholson, for being disguised with drink. Wit : Joseph 
Dollver and Mr. Francis Johnson. 

*Writ, dated, Sept. 18, 1660, signed by Will. Longley,t for the 
court, and served by Abraham Drake,t marshal of Hampton. 

Copy of Hampton court record : In answer to the petition, the 

t Autograph, 



1660] RECORDS AND FILES 227 

court respitted the fine and granted liberty to the petitioner to clear 
himself of the crime, etc. Copy made by Tho. Bradbury,* rec. 

Copy of Ipswich court record of Mar. 27, 1660, that William 
Edmonds acknowledged in court several times that there was no 
bargain with Henry Greene about the cure of his child. Copy 
made, 29 : 1 : 1660, by Robert Lord,t cleric. 

Copy of Hampton court record, 4:8: 1659 : Whereas it appeared 
upon legal testimony that Henry Greene had told three lies and 
had dealt fradulently with William Edmonds and his wife, con- 
cerning a cure which was to be performed for his daughter Mary, 
the court fined him four pounds, and ordered that the receipt given 
by said Edmonds to said Green be null. Copy made by Tho. Brad- 
bury,* rec. 

Declaration of the plaintiff in the Hampton court : John Farnam, 
assignee of Will, and Ann Edmonds v. Henry Greene. Said Green 
some years since had a daughter called Marie Green, sometime a 
patient under the hands of Mr. Starr, then of Charlsto. for the cure 
of a very dangerous sore leg, which daughter he brought to Ann 
Edwards to be cured. For the cure, he proffered a certain mare 
colt, which he then had, of his own mare's breed, valued then at 
nine pounds and afterward at fourteen pounds, at which time Green 
also promised satisfaction for his daughter's diet, in case she should 
not be cured, as testified by Capt. Tho. Marshal, Jo. Paul, Joseph 
Edmonds, Math. Price, John Edmonds, John Smith, Giles Fyfeild, 
Tho. Kimbol, Tho. Marston, Will. Molton and Christopher Palmer. 
Also they testified as to what some noted practitioners thought of 
the said cure, that is, Mr. Starr and Mr. Crossbey, and for all 
which great care, trouble and costs in curing the said sore leg, 
" which all skilled in chirurgery know is more difficult then other 
parts of the body, in sundry respects," the said Green had with- 
held satisfaction. Plaintiff asked for payment according to the 
true worth of the said cure, Ann Edmonds affirming that it took 
eleven months and the expense was over twenty pounds. And if 
the defendant pleads satisfaction made to Will. Edmonds, it 
may be said that whatever was done had been made null and void 
by Hampton court and the testimony of Ben. Kimboll, John Eaton 
and Joseph Hutchins. 

William Edmonds,* of Lynn, appointed his friend, Joseph Armi- 
tage, his attorney, on Sept. 24, 1660. Wit: George Emery* and 
John Hathorne.* 

Henry Greene's bill of costs : Warrant for Mr. Crossby; for go- 
ing to Swamscot ; for Mr. Fief eeld of Charlsetowne, six days ; for 
Thomas Kemball's deposition ; and for taking out eleven coppies at 
Mr. Bradbury's at Salsbury, etc. ; total, 31i. 2s. 4d. 

Receipt of William Edmonds,* to Henry Greene of Hamton, 
dated 14 : 8 : 1658, for a cow at four pounds, two shillings and six 

♦Autograph. 



228 IPSWICH QUARTERLY COURT [Sept. 

pence, in full satisfaction for his daughter's diet from the first 
time she came until the last of March next. Wit : Edward Baker.* 
Receipt, signed by William Edmonds, given to Henry Greene for 
a mare colt, in full satisfaction for his daughter's leg. Wit : Jo- 
seph (his mark) Huchens. Said Edmonds acknowledged this ac- 
quittance in court. Copy made by Tho. Bradbury,* recorder for 
Norfolk county. 

Abrahame Grene, aged about sixteen years, and his brother, Iseke 
Grene, aged about fifteen years, deposed that Goodman Edmons of 
Lene came to their father's house the last spring and asked the 
latter for a colt. Their father told him there was no colt there for 
him, but finally brought out a colt that said Grene had bought of 
Mr. Stanle a quarter of a year before, and told Edmons he could 
have that for the expense about their sister's leg. But the colt ran 
away from them, and Grene said Edmons could have two cows in- 
stead. The latter refused, and finally took the said colt, etc. Sworn, 
22 : 1 : 1659-60, before Tho. Wiggin.* 

Joseph Hutchens testified that when his father-in-law, Wm. Ed- 
monds, went to get the colt which was due him for the cure of Henry 
Greene's child, which had been performed by deponent's mother 
Edmonds, deponent accompanied him. Greene's boy brought out a 
mare and colt, but Edmons claimed it was not the colt promised 
him. Green replied that he had been offered nine pounds for this 
colt a year and a half before, and that it was one that he had raised 
himself. Edmonds questioned it, but at last took it, and gave 
Greene an acquittance. The colt was very thin, small and lowsey 
and from appearance was not a year and a half old, etc. Sworn in 
Hampton court, 6:8: 1659, before Tho. Bradbury,* rec. Copy made 
by Tho. Bradbury,* rec. 

Matthew Price, aged about thirty -one years, deposed that being 
on a journey to Linne in Feb., 1657, he went into the house of Wil- 
liam Edmonds and saw Henry Green's daughter, Mary, who had 
formerly been under the care of Mr. Tho. Starre of Charllstowne, 
physician, for the cure of a sore leg. Deponent marvelled at it, be- 
cause he thought she had gone home with her father, and he asked 
why she stayed there. Edmond's wife told deponent that she was 
to be cured of her sore leg, and said deponent, upon looking at it, 
declared that it was in a better condition than when under Mr. 
Starre's treatment, although it was a very bad and desperate wound. 
About a year after, deponent saw Mary Greene again and her leg 
was nearly well, and Good wife Edmonds showed him a bone of 
about five inches in length, which Mary said came out of her leg. 
There was very little soreness or pain in it, and she could leap 
about very lively, so that deponent rejoiced in the cure by Good- 
wife Edmonds, etc. Sworn, Apr. 24, 1660, before Richard Rus- 
sell.* 
* Autograph. 



1660] RECORDS AND FILES 229 

John Ilsly, aged about fifty years, deposed that the last of March 
or beginning of April, Henry Green sent for him to go to the ordi- 
nary at Sallsbeary to look at his girl's leg. Deponent and the wo- 
man of the house thought the child had a running sore, etc. Sworn 
at Hampton court, 6:8: 1659, before Tho. Bradbury,* rec. 

Binjemin Kimball, aged about twenty-four years, deposed that 
Willi. Edmond brought a mare colt to deponent and asked him to 
keep it for him, etc. Sworn in Ipswich court, 27 : 1 : 1660, before 
Kobert Lord,* clerk. 

Giles Fifield deposed that Mary Greene was able to go up and 
down the house, wash dishes and sweep, when she was at his house 
in Charlestowne under treatment of Mr. Star, and he saw her at 
Edmonds' walking up and down the house. Also that deponent was 
•with Goodman Greene and his child when they left Goodman Ed- 
monds' house, and the child said her leg was sore, etc. Sworn, Sept. 
26, 1660, before Daniel Denison.* 

Anthony Stanyan deposed about selling a colt to Henaii Grene 
of Hamton for six pounds. The colt was large for her age and 
strong, etc. Sworn, 22 : 1 : 1659, before Tho. Wiggin.* 

John Smith of Nubury, deposed on Mar. 27, 1660, that he was a 
boarder at the house of William Edmonds of Linn, when Green's 
child was brought there and that Goodwife Edmonds was to be paid 
for the cure and for diet ; that Henry Green came after thirteen 
weeks to see the child, etc. Sworn in Ipswich court, 27 : 1 : 1660, 
before Robert Lord,* clerk. 

Jno. Edmonds deposed that Green brought his child to deponent's 
father's house about the beginning of winter of 1657, and agreed to 
pay a cow for her diet since Green did not have money ; that his 
mother said to leave the child a fortnight or three weeks and she 
would see what she could do, etc. Sworn, 1:8: 1659, before Tho. 
Bradbury,t comr. Copy made by Tho. Bradbury,* rec. 

Joseph Edmans, aged about seventeen years, testified as to the 
condition of the child when she came to his father's house and to 
the great care his mother gave her ; that it was three persons' work 
oftentimes to dress the wound and she could not eat ordinary 
diet, etc. 

John Stanyan, aged about eighteen years, testified as to bringing 
up the colt for Goodman Greane, which the latter had bought of 
his father, etc. Sworn, 22: 1 : 1659-60, before Tho. Wiggin.* 

Tho. Kimball, aged about twenty- six years, deposed about the 
bargain concerning the colt ; also that the colt Green promised to 
Edmonds, he had sold to Jno. Redman, in whose possession it was 
about six weeks since. Sworn in Hampton court, 6:8: 1659, before 
Tho. Bradbury,* rec. Copy made by Tho. Bradbury,* rec. 

Anthony Crosbie, aged about twenty-three years, testified that 
he heard Goody Edmonds say that Henery Grene's daughter's ill- 
ness was the King's evil and she had cured it. Afterward, said 

*Autograph. 



230 IPSWICH QUAETERLY COURT [Sept. 

Grene brought the girl to Kowley and requested deponent to look 
at the leg, and according to deponent's best skill he thought that 
the bone was not sufficiently scaled. Sworn in Ipswich court, 27 : 
1 : 1660. 

John Paul, aged about thirty-two years, testified that Marie 
Greene showed him the bone, which came out of the fore part of the 
leg, and it was hollow at one end, etc. Sworn, 24 : 2 : 1660, before 
Richard Russell.* 

Bridgid Huggins, aged about forty-four years, testified that being 
desired by Goodwife Green to look at her child's leg, she found it 
very much swollen, red and raw and not much better than when she 
went to the Bay. This was about a week after the child's return. 
Sworn in Hampton court, 6:8: 1659, before Tho. Bradbury,* rec. 

Robert Lord, aged fifty-seven years, deposed that the wife of 
William Edmonds of Lyn affirmed, at Ipswich court in March last, 
that she had taken out a piece of the child's shin bone. Upon 
being further questioned, she said it was the marrow bone. Tho. 
Kimbal also testified the same. Sworn, July 30, 1660, before Dan- 
iel Denison.* 

Henrie Greene,* aged about forty years, affirmed that he never 
told William Edmonds that the colt he had of deponent was the 
colt of his own mare nor that it was the colt promised Goodwife 
Edmonds, etc. 

Giles Fifeild testified that the bone lay bare when Henry Green 
took his child from Charlstowne, and a month after as deponent 
was going to Lyn, he stopped at Edmons' house to see his cousin, 
Mary Greene. Goody Edmons said she hoped to have the child at 
home in six weeks. The flesh was grown about one quarter of an 
inch upon the bone. When deponent returned to Charlstowne, he 
told Mr. Starr about the condition of the child's leg, and said 
Starr replied that he would eat a firebrand if she cured it. Later 
deponent's Uncle Greene told him that he was to give his mare's 
colt for the cure, etc. Sworn in Hampton court, 6:8: 1659. Copy 
made by Tho. Bradbury,* rec. 

John Redman, aged about forty-two years, deposed that he was 
at Will. Edmonds' house, in the year 1658, with Abraham Drake, 
etc. 

Sarah Jenkins, aged about forty-three years, testified as to the 
care Goodwife Edmonds had given the child. Further deponent 
heard Dr. Crosby say he would not have done it for less than fifty 
pounds. Sworn, 24 : 2 : 1660, before Richard Russell.* 

Thomas Marshall* of Lynn testified, 27 : 1 : 1660, to seeing Mr. 
Starr dress the child's leg at Charlstowne, etc. 

Richard Ormsby, aged fifty-two years, testified that Wm. Ed- 
mons of Lyn took a colt to Salisbury, the April before, with a 
mare. The colt was so feeble that he was afraid to carry it over 

*Autograpli. 



1660] RECORDS AND FILES 231 

Mrs. Eliner Hooke, widow of Mr. William Hooke v. George 
Keazer. For her dower or third part of seventy acres of salt 

the ferry or to send it back to Green, and Benjamin Kimball was 
persuaded to take care of it until it grew stronger. Later Mr. 
Stanian came to Salisbury and deponent entreated him to see this 
colt, which he declared to be the same colt that Henry Green 
bought of him. Sworn in Hampton court, 5:8: 1659. Copy made 
by Tho. Bradbury,* rec. 

Jno. Eaton, aged about forty years, deposed that two years since 
he bought a brown mare colt of Henry Green for nine pounds in 
cattle, and after about six weeks, said Green, riding by deponent's 
house, agreed to take it again. Later at the ordinary at Salisbury, 
deponent saw the colt that Edmonds had of Henry Green, and it 
was not the same colt, etc. Sworn in Hampton court, 6:8: 1659. 
Copy made by Tho. Bradbury,* rec. 

Thomas Marston, Joseph Hutchins and Abraham Drak deposed. 
Sworn in Hampton court, 6:8: 1659. Copy made by Tho. Brad- 
bury,* rec. 

William Moulton testified that when he was selectman in 1658, 
Goodman Green told him not to rate his colt for it was Edmons' 
colt and he was keeping it for him. Deponent replied that it was 
in said Green's hands and the latter must pay the rate, etc. Sworn 
in Hampton court, 6:8: 1659. Copy made by Tho. Bradbury,* 
rec. 

Benjamin Kimball, aged about twenty-three years, deposed that 
the colt was not the one that came of Green's mare, etc. Sworn 
in Hampton court, 6:8: 1659. Copy made by Tho. Bradbury,* 
rec. 

Christopher Palmer deposed that he had some conversation with 
Henry Green about buying his colt, but when the bargain was par- 
tially made, said Green told hira that he was but jesting, for the 
colt belonged to Goodman Edmans, etc. Sworn in Hampton court, 
6:8: 1659. Copy made by Tho. Bradbury,* rec. 

Sarah Ormsbe deposed that Henry Green came into their house 
with his daughter, about the beginning of last April, and showed 
the leg to Goodman Inslee. There was a plaster on it, etc. Sworn 
in Hampton court, 5:8: 1659, before Tho. Bradbury,* rec. 

Thomas Kimball deposed that Edmunds told Green, at the lat- 
ter's house, that the child could be taken home, for her leg was 
well, except that her shin was a little broken against a pot side, 
etc. Sworn, July 30, 1660, before Daniel Denison.* 

Curnellus, Mr. Stanyan's man, aged about fifty years, deposed 
that he saw the colt that Henry Greene had of his master, on the 
Sabbath day before said Green sold it, and the colt was well and 
lusty, etc. Sworn, 22: 1 : 1659-60, before Tho. Wiggin.* 

*Autograph. 



232 IPSWICH QUARTERLY COURT [Sept. 

marsh or meadow, in possession of her late husband, and sold by 
him to said Kezer for a small amount. Withdrawn.* 

Rich. Coy, attorney to Samuell Heifer v. Mr. Ezekiell Chever. 
Trespass. For taking and keeping possession of a house which 
was left in plaintiff's hands. Verdict for defendant. Appealed to 
next Court of Assistants. Joseph Armitage and John Leigh bound 
for said Coy's appearance.f 

Robert Tuck testified that the child's leg was no better than 
when she went away from his wife's, etc. Sworn in Hampton 
court, before Tho. Bradbury, t rec. 

*Writ, dated, Sept. 15, 1660, signed by William Longley,t for 
the court, and served by William Bartram,^ constable of Lyn, by 
attachment of house, lot and outhouses of defendant. 

t Writ, dated, Sept. 20, 1660, signed by Robert Lord, + for the 
oourt, and served by Robert Lord, J marshal, by attachment of a 
barn full of hay, four stacks of hay and an acre of land, of de- 
fendant. 

Samuel Heyford,f of Ipswich, on Dec. 20, 1651, appointed Richard 
Coy of Ipswich, his attorney, to settle all differences between him- 
self and Mr. Bartholmu, and if necessary to answer in court, etc. ; 
also to let or sell said Heyford's house. Wit : Theo. Salter J and 
Mathy,(her mark) Coy. Acknowledged upon oath, by Martha Coy, 
May 25, 1660, before Daniel Denison.J 

" Lo : Cosne. S^ 

" Respects psented. thes certifye conserneing w* you wrott 
that I doe remember Good Coy Sould the Houce for twenti fine 
poundes but it being so longe Since passages are out of minde so 
fare as at psent I cannot be free to mak Oath 

" Y' Loueing Freind 

" 22*1^ 7 1660. W^ Paine. J" 

Robert Payne deposed that, having given sixty pounds toward 
the purchase of a house and land for the setting up of a free 
school in the town of Ipswich, and considering the most convenient 
place for such use, the house and land now in controversy was the 
place decided upon. It being for sale, deponent desired Mr. Wil- 
liam Payne to treat with Richard Coye about the price, and the 
latter agreed to take twenty-five pounds, which sum deponent paid 
according to order. Sworn in Ipswich court, Sept. 25, 1660, before 
Robert Lord, J cleric. 

Ezekiel Cheever J testified that he was in possession of the house 
belonging to the school, now in controversy, in the beginning of the 
summer, 1652, which may be evidenced by the records of his mar- 
riage, Nov. 18, following, and the birth of his first child, besides 
abundant testimony of neighbors. 

JAutograph. 



1660] RECORDS AND FILES 233 

Henry Bartholmew v. Frances Urselton. Debt. Withdrawn. 

John Person v. Mr. Eich. Dumer, For a legal conveyance of 
the half part of Rowley corn mill and land, lately sold to the said 
Person by defendant, and for legal security or, in want thereof, for 
what damage plaintiff had sustained. Special verdict, and court 
found for the defendant.* 

John Paine deposed that demanding a debt of Richard Coy, in 
behalf of his father, Mr. Robert Paine, of about five or six shil- 
lings, said Coy told deponent that there was as much due to him 
on the payment for the schoolhouse. Coy further told deponent 
that he had sold the house that was Sammuel Hefford's, but to 
whom deponent did not remember, and that Coy had called upon 
deponent's father to get writings made concerning the school- 
house, but he had as yet neglected it. Sworn in Ipswich court, 
Sept. 25, 1660, before Robert Lord,t clerk. 

William Bartholmew testified that some days before Samuell 
Heifer's going to England, deponent attached said Heifer's estate 
for a debt, which to his best remembrance was the house in ques- 
tion. Afterwards, deponent met him in Wenham and Heifer said 
he had left an attorney, Richard Coy, to settle all matters, etc. 
Some time later, Coy paid ten pounds to deponent and appointed 
the latter to pay six pounds to Greorge Hadley, which deponent 
accordingly received, etc. Sworn in Ipswich court, Sept. 25, 1660, 
before Robert Lord,t clerk. 

*Copy of Salem court record : June 26, 1660, John Pearson of 
E'owly acknowledged judgment of 15011. 12s. to Mr. Richard Dum- 
mer of Newberye. Copy made by Hillyard Veren,t clericus. 

Writ, dated, Sept. 13, 1660, signed by Robert Lord,t for the 
court, and served by the marshal of Ipswich. 

Jury agreed upon a special verdict. They found that Mr. Dumer 
had sold the half mill and lands to John Pearson, with two cow 
commons, and that he was bound to secure said Pearson from Mrs. 
Nelson and the other heirs during the term of her life, etc. 

Copy of will of Thomas Nelson, made Sept. 24, 1660, by Robert 
Lordjt clerk. 

Bill of sale, dated, 1:5: 1654, from Ric. Dumer J of Newbery, 
gent., executor of the estate of Thomas Nelson, deceased, to John 
Person of Rowley, carpenter, for lOOli., one-half of the corn mill at 
Rowley, with one-half of all material and appurtenances, as ropes, 
crows, sleggs, mill bills, chisels and tubs ; also one-half of the land 
adjoining, bounded as follows, forty-three acres, of which seven 
acres were meadow, lying between the land of Rowley, being their 
ox pasture, on the southeast, common land of Rowley on the south- 

tAutograph. 
JAutograph and seal. 



234 IPSWICH QUARTERLY COURT [Sept. 

Elizabeth Archer, attorney to her husband, Henry Archer v. Cor- 
palL John Andrews. Debt.* 

west and otherwise bounded by a salt creek which comes out of 
Newbery river to the said mill; also one-haK of three acres joining 
upon the said mill-river toward the south, otherwise surrounded 
with common groimd belonging to Eowley, with one-half of the 
rights and privileges to said ground. Wit : Joseph Jowettf and 
Willm. Howard.! Acknowledged, June 25, 1663, before Daniel 
Denison.f Eecorded by Eobert Lord,t in records for Essex at 
Ipswich, Book 2, folios 161 and 162. 

Bond of Eic. Dumer| to John Person of Eowley, dated,l : 5 : 1654, 
for 20011., said Dumer agreeing to procure acquittance from Mrs. 
Nelson, then in England, of all her interest in Thomas Nelson's 
estate, and to secure said Person against all claims upon Nelson's 
estate, etc. Wit : Joseph Jowettf and Willm. Howard.f 

Willm. Howard deposed that about five years before, he was re- 
quested to go to Mr. Eichard Dumer's house, where he met Mr. Jo- 
seph Juitt, of Eowley, and another of the same town, who had much 
conversation concerning buying one-half of the mill ; that Dumer 
guaranteed them against all claims from the Nelson estate and writ- 
ings to that effect were drawn up, but the name of the purchaser, 
deponent had forgotten, etc. Sworn, 13 : 3 : 1659, before Jo. En- 
decott, Govr.,f and Samuel Symonds.f 

Joseph Jewett testified to being with Mr. Eichard Dummer and 
John Pearson when the bargain was made and hearing the former 
agree to procure an acquittance from Mrs. Nelson, etc. Sworn, Sept. 
25, 16 GO, in Ipswich court. 

John Pickerd deposed that about four years before in conversa- 
tion with Mr. Eichard Dumer, said Dumer called John Pearson and 
said " the bargain I made with Eichard Longhorn and John Pickerd 
conserning the land I sold them of Mr. Nelson's farme is come to 

nought and will not stand for the Court not allow me to sell 

it. Therefore you and I must come to some new agreement." Pear- 
son was willing to come to any agreement whereby Mr. Dumer 
might be freed from any snare, so long as it were not to his own 
loss, etc. Sworn, June 25, 1660, before Daniel Denison.f 

William Stickney and James Baily deposed that about a year 
ago, they heard John Pearson offer Mr. Eichard Dumer all his pay 
for the mill, if said Dumer would make good his title. Said Dumer 
replied either that he could not or '<how can I," whereupon Pear- 
son told him that he might give his own land for security, etc. 
Sworn, June 25, 1660, before Daniel Denison.f 

*Paid to Goodman Archer, for expences for himself and wife be- 
fore the wente: In beefe, 1562 pounds, 171i. 2s. 6d. ; for going to 
Concord for Goodman Stow, 21i. 10s. ; carried to Goodman Laiton's, 

t Autograph. 
JAutograph and seal. 



1660] RECORDS AND FILES 235 

Gyles Barga and John Jackson v. Thomas Harrye. Defama- 
tion. Withdrawn. 

Rich. Coy had his license renewed to keep an ordinary at Wen- 
nam and to draw wine and liquors. 

Georg Dymond, upon complaint of Mary Calely, for attempted 
assault, was ordered to be severely whipped or to pay a fine of four 
pounds. * 



21 bush, of wheat, 41i. 14s. 6d. ; 2 bush, of wheate, 9s. ; 44 bush, 
and halfe of wheate to Goodman Laiton's, 91i. 18s. ; 1 bush, and 
halfe of wheate bv Tom Clarke, 6s. 9d. ; to Mr. Chute, Hi. 10s. ; to 
Goodman Wiate, 2 bush, of wheate, 9s.; 2:4: 1657, to Sargent 
Clarke, 10s. ; 2 : 4 : 1657, to Captaine Gearesh, 3s. 6d. ; 2 : 8 : 1657, 
for putting in 2 sells in the leantoo, 6s. 6d. ; 24 : 8 : 1657, for mak- 
ing the way and doors in the seller. Hi. 8s. 5d. ; 3 : 10 : 1657, to 
Eichard Kimball, 10s. ; 19 : 12 : 1657, to Goodman Duch, 5s. ; 20 : 
12 : 1657, to Goodman Waineright, 16s. 8d. ; 24 : 8 : 1657, 24 bush, 
of wheate and 15 bus. of wheat, 81i. 15s. 6d. ; 23 : 12 : 1657, to Ze- 
ciell Rogers, 2s. 66..; to Brother Hovy, 2s. 6d. ; to Mr. Wade, 41i. 

4s. 6d. ; to Ned Allin, 4s. ; to Mr. Paddashall, ; to Goodman 

Waineright, for the fraight of the 24 bushells of wheat, 8s. ; total, 
531i. 13s. lOd. ; by pay for her passage, 61i. 7s. 6d. ; John Andrews 
is debtr. to Mr. Archer for three shotts and a cow, 21i. 10s. 

Bond of John Andrewesf of Ipswich to Henry Archer of Ipswich, 
dated, Sept. 23, 1656, for the payment of a debt of 16011., in wheat 
and barley. Wit: Robert Crossef and Robert Lord.j 

*Letter addressed " To the Hon"^ Court at Ipswich be these de- 
liuered : 

" Hon'i Gen' I haue sent unto you George Dimon, the cause, his 
examination & espetialy the Testimonye & psons will make apeare, 
whom I haue bound to psecute against him, my business is such that 
I cannot well atend the Court, pray hold me excused, who thought 
my occasions are many, yet if I had not heard the Court had 
been full, I should haue forced my selfe who am yours in all servis 

<' Y' servant 

" Salem : 24 : 7ber 1660. W°^ Hathorne.t 

" I haue also sent a deed w*'^ will be of use in a case of George 
Keasers, wch. I doe intreat the Maj' Gen^' to keepe safe." 

Edward Read testified that he saw Georg Dymon go into Thomas 
Caly's house '< half an hour within night," etc. Sworn, 24 : 7 : 1660, 
before Wm. Hathorne.f 

Margret Reade, wife of Edward Read, testified that she heard an 
outcry and she and Goodman Parmiter went out and found Thomas 
Caly's wife a little beyond the house, etc. Sworn, 24 : 7 : 1660, be- 
fore Wm. Hathorne.t 

tAutograph. 



236 IPSWICH QUARTERLY COURT [Sept. 

Mr. Edward Woodman, Capt. William Gerish and Lieft. John 
Pike were sworn commissioners to end small causes for Newbury. 

John Jackson, sr., was fined for attempting to assault his maid 
and for filthy speeches.* 

Thomas White testified that he heard Thomas Caly's wife cry 
out, etc. Sworn, 24 : 7 : 1660, before Wm. Hathorne.f 

The examination of George Diman, 24 : 7 : 1660, by Wm. Ha- 
thorne -.f It was proved that he called at Pmiter's, went to Craley's 
and got Craley's wife to direct him in his way, which he said he 
was not able to find, and that he attempted to abuse her ; Diman 
denied all, and said Hathorne gave him over to the constable, hav- 
ing no security. Thomas Craley bound in five pounds for his wife's 
appearance at Ipswich court, 25 : 7 : 1660, to prosecute agaiust said 
Dimon. 

Benjamin Palmiter testified that George Diamond went to his 
house the last Saturday night after it was night and inquired for 
one Lott Connant. Deponont told him he was not there and de- 
sired said Diamond to go home, for it was not a convenient time to 
be abroad. A little while after, " I heard my daughter crye out 
with A greuious crye, Father, Father at which I Run out and this 
Diamond Ran away and my daughter tould me that he would haue 
abased her." Sworn, 24 : 7 : 1660, before Wm. Hathorne.t 

Thomas Caly deposed that Gorge Diment came to Ijis father-in- 
law's, Benjamen Pamata's house, and asked to light a pipe of to- 
bacco. Deponent said it was too late, it would be dark, and so he 
went away. Upon hearing cries, his father said " Run he that can 
run fastist," and deponent ran and came first to his owu house, 
where the light was burning. He looked for his wife, but she was 
not there, so he ran out and made a whoop three times, and at last 
heard his wife screech. When he came to her she could not speak, 
and he shook her, and asking what the matter was, she replied that 
Gorge Diment had assaulted her, etc. Sworn in Ipswich courts 
Sept. 25, 1660, before Robert Lord.f clerk. 

Marie Orally deposed that Georg Dimon came to her house for 
Lot Connent, saying that her father said he might be there. He 
asked her to show him the way, as it was dark, and she, supposing 
he was an honest man, went with him and as she turned to go back, 
he assaulted her. When he heard the dogs bark and her husband 
calling, he ran away, etc. Sworn in Ipswich court, 25 : 7 : 1660, 
before Robert Lord,t clerk. 

t John Jackson's statement, dated, 21:4: 1660 : " I did rise out 
of my bed and lookd out of my windoe and saw the sonu was up 
almost an houre hie as I use to looke out every morning to see 
what weather it is and how the tide is and as I went to my bed 

tAutograph. 



1660] KECORDS AND FILES 237 

Nicolas Philips, bringing in Henry Phelps, according to bond, 
and upon proclamation made, none appearing to prosecute against 

againe I said to myselfe is not this maid up yet and I went to the 
bed side and shooke her by the shoulder and asked whether it were 
not time to rise and goe about my buissnes for there was a great 
deale of worke to doe and I went to my bed againe and for that 
she say I would ly with her I did never offer to abusse her in my 
life but I haue cald her out of her bed seuerall times before and for 
that shee reports of me shee haue done me abundance of wrong in 
defaming my name." 

Bond of *John Jackson, in the sum of five pounds, to appear 
before Samuel Symonds* on next lecture day come five weeks, 
in Ipswich, to further answer the matter of attempt of uncleanness 
with his servant, Mary Somes ; dated, July 2, 1660 ; sureties, Robert 
Ellwell and William Vincent. He appeared on July 26, 1660, and 
was held in the same amount for the next Ipswich court ; sureties, 
Anthony Day and the wife of William Vincent, the latter in place 
of her husband. 

Bill of charges of Jno. Pearce, constable, 21i. 19s. lOd. For 
John Hayman, Ester Elwell, Grace Duch, Susana Jackson and 
Euth Joans, witnesses; for taking up John Jackson upon suspicion 
of fornication and for taking up Mary Soams, 2s.; and for going 
to Mr. Simouses with John Jackson and Mary Soams, 2s. 

" Gloster this 6 : of the 7 "° 1660. 
" Wee whose handes are heare under writtenn doe Testiefie that 
our nabor John Jacksonn sener hath livieed in our Towne Sevenn 
yeare or thereabought & behaued himselfe in Good order soe fare 
as wee cann or could see & lined onestly witness our hands :" 
William Stevens,* Siluester Eueleigh,* Anthony (his mark) Day, 
Thomas Millett, senior,* Thomas Riggs,* Thomas (his mark) Uere, 
Isaac Wakly,* John Coit,* Thomas (his mark) Prince, William 
(his mark) Vinsone, Thomas (his mark) Jones, sener, Thomas 
Millet, junior,* Edmund Clarke,* George Blake,* Samuell Kent,* 
James (his mark) Babson, John (his mark) Collens, Osmone (his 
mark) Duch, Robbert (his mark) Elwell, Thomas (his mark) 
Braye, John (his mark) Briers, John Davis,* Richard Beford,* 
Richard Windowe,* John (his mark) Kittel, Willi. Seargant* and 
Georg (his mark) Parson.* 

Morris Somes* certified that " by reson that it hath pleased god 
to strike mee with blindnes that I cannot come to the Court, I doe 
set John Pearse of Gloster in my steede to speake in my Case con- 
cerning my daughter." 

Antony Day, aged about thirty-six years, testified that, being at 
work at Goodman Jackson's house, he heard Goody Jackson bid 
Marey Somes do her work ; that the maid's dame being abroad, 

♦Autograph. 



238 IPSWICH QUARTERLY COURT [Sept. 

him, was freed of his bond, and Henry Phelps was freed of his 
bond of good behavior. 

she idled and meddled with his work so much that he told her to 
go into the lot and help her poor old master, and she said, " let 
thay send thir dafter Suesan." She also said to her dame, when 
told to do her work, " Doe it youer selfe," and said the same to 
her master, when he bade her go and bring up some wood out of the 
kenowe. Grace, wife of Osmund Duch, aged about fifty years, tes- 
tified June 29, 1660, that John Hay mans said that there was a very 
sad thing done that morning, that old Jaxson had assaulted his maid, 
that the maid cried out and made a doleful noise. Deponent went 
to the house and found the maid crying, wishing herself dead, and 
young Goody Jaxson told what had happened. The latter heard 
the cries and awakened her sister, who lay beside her. The maid 
came running down stairs and said it had happened several times, 
before, etc. 

Sara Vinson, aged about forty years, testified that Marie Some» 
said she wished to go away from the Jackson's house, and would 
use all means to do so, for " the deuill woiild not Hue with them," 
etc. Sworn, 17 : 7 : 1660, before Samuel Symonds.* 

Susanna Jacson, deposed, 29 : 4 : 1660, that she called the maid 
as soon as it was light, when feeding her child, and she answered. 
Mary Somes told her that the old man tried to kiss her and she 
bit his nose, etc. Sworn, July 26, 1660, before Samuel Symonds.* 

Zacheas Curtis testified that one time at John Jackson's house, 
he heard the latter's wife tell her maid to bring a pail of water 
and to wash her dishes, but the maid said she would not. Where- 
upon, the dame gave her " a nick upon y® arm," and the maid cried 
out and spoke bad language, until Jackson's wife told her to hold 
her tongue. Goody Jackson then gave her a blow with the back of 
her hand, etc. 

Susana Jackson, aged about twenty-one years, deposed. 

John Jackson, jr., aged about thirty years, deposed as to the 
language used by Mary Somes, when he lived in his father's house,, 
etc. 

Susan Jackson further deposed, 29 : 4 : 1660, that the next night, 
the maid lay on a chest in deponent's room, saying she was afraid 
to go to bed in her own chamber, etc. 

Ruth Jones testified, July 1, 1660, that when the maid came 
out of her chamber, deponent's sister, Susana Jackson, asked her 
what the matter was, etc. The maid said the same thing had hap- 
pened three times before, etc. Sworn, 27 : 5 : 1660, before Samuel 
Symonds.* 

Mary Somes deposed that John Jackson had offered her unclean- 
ness four times, when her dame was abroad, etc. Sworn in Ipswich 
court, 25 : 7 : 1660, before Robert Lord,* clerk. 

♦Autograph. 



1660] RECORDS AND FILES 239 

r 

Henry Phelps bound to appear at next Salem court to answer 

to a complaint about ill-usage of his son or any other matter con- 
cerning the keeping in the house with his brother's wife. 

In the case of William Harker v. George Keazer, concerning 
taking up and marking a mare, the civil part was settled by the 
worshipful Mr. Symonds, and in the criminal part, he was fined 
five pounds.* 



Grace Duch and Hester Elwell deposed that they heard old 
Jackson say in Samuell Elwell's house the next day, after he was 
arrested, etc. Sworn in Ipswich court, Sept. 25 and 26, 1660, before 
Eobert Lord,t clerk. 

*Warrant to the constable of Lyn, dated, 6:6: 1660, for George 
Kesar of Lyn, upon complaint of William Harker of Lyn, for 
felony, in taking away his mare from the common and keeping her 
as his own, and signed by Simon Bradstreete.t 

Warrant, dated, Sept. 22, 1660, for said Kesar's appearance at 
the next Ipswich court and, signed by Simon Bradstreete.f William 
Bartrum, constable, appointed John Hathorne, his deputy. J 

William Ivoryef assigned his interest in a mare, which William 
Prichard gave him, to Georg Kesar, on 26 : 2 : 1648. Wit : Chris- 
topher CoUinst and William (his mark) Smith. 

Willhem Harker'sf complaint, taken 6:6: 1660, by Simon 
Bradstreete :t That about a month since, George Kesar of Lyn 
took up a roan mare of said Harker's, about five years old, branded 
her, earmarked her and later put her into a remote place in Eumney 
marsh. Kesar pretended that she came of a mare that he bought 
twelve years since, which mare he never had in his possession or 
saw her after he bought her, but deponent had been informed she 
had been sent to Barbadoes before the said Kesar bought her, etc. 

Judgment by Samuel Symonds,t 15 : 6 : 1660 : That there was 
not a sufficient charge against George Keasar, and inasmuch as 
William Harker testified before many witnesses that he was sorry, 
court ordered that the case be ended, and Keasar to pay fifty shill- 
ings for charges. 

Samuel Whitingf of Lyn, certified, 7 : 24 : 1660, that Willyam 
Harker confessed in his hearing that George Keasar went to him 
and inquired of him about his mare before he marked her. 

William Ivorye'sf receipt, 22 : 10 : 1648, to George Kesar, for 
forty shillings, in part payment for a mare which said Kesar 
bought of William Ivory e for three pounds. 

William Harker's bill of charges, 21i. 5s. 4d. His damages were 
double what the court allowed. They included the want of his 
mare one month, having constant use every day for her ; for time 

tAutograph. 

JThis sentence is crossed out. 



240 IPSWICH QUARTERLY COURT [Sept. 

Mall Indian, being brought into court by John Hathorne and 
Edward Kichards, sureties, the court ordered that she return to her 
master, John Bishop.* 

spent in seeking the mare that month by himself and friends; for 
three men going from his house to Rumley Marsh, eight miles, to 
get the mare ; three journeys of himself and horse to Andever, etc. 

Joseph Armitage testified that about eight or nine years since, 
he, being at the eastward, was informed that there was a company 
of mares about Pentucket that ran wild in the woods and someone 
said that one Browne of Lyn village had lost a mare or mares and 
had agreed with William Robinson and Thomas Veale to seek for 
them, and that they were to have one half for their labor. Also 
that Goodman Keysar came to " our house" and agreed with these 
two young men to seek a mare of his. 

Thomas (his mark) Veale testified, Aug. 10, 1660, that Goodman 
Armitage informed him about the mares running wild about 
Haverhill, and deponent and William Robinson went to seek them ; 
that before they started, George Keysar gave them ten shillings in 
money to seek a mare of his that was William Pritchet's. 

Ann Croftef testified, Sept. 19, 1660, that about thirteen years 
since, William Prichard, having damnified a parcel of salt which 
her husband, Ivery, put on board said Prichard's boat at Boston, 
was arrested by her husband, Prichard being then bound for Bar- 
badoes. Said Prichard, complying with her husband about the 
damage of the salt, told the latter that he had a mare that used to 
go about Capt. Bridges' ground, and deponent's husband should 
have her, if he never came back. About a year after, Prichard being 
reported dead at Barbadoes, deponent's husband sold his interest 
in her to Keaser, for three pounds. But when the mare could not 
be found, the matter pressed upon said Ivery's conscience so that 
he abated twenty shillings of the three pounds, etc. 

Henry Collins, John Lewis and Robert Ingolls testified that the 
place where they found Will. Harker's mare was such that they 
were forced to leave their horses on account of trees and go on foot 
to take the mare. Sworn in Ipswich court. 

*John Hathornet and Edward (his mark) Richards bound, Aug. 23, 
1660, for the appearance of the Indian called Mall, at next Ipswich 
court, to answer John Bishop's charge against her. Wit : Daniell 
Salmonf and Will. Bartrum.f Sworn before Simon Bradstreete.f 
" To the Honored Court at Ipswich — 

" first the law is undeniable that the Indian may haue the same 
distribusion of Justice with our selues : ther is as I humbly con- 
seiue not the same argument as amongst the negroes for the light 
of the gospell is a begineing to appeare amongst them — that is the 
indians. 

tAutograph. 



1660] RECORDS AND FILES 241 

Ezekiell Northeud bound in lOOli. for the payment of a legacy 
to his son-in-law, Joseph Baylye, according to order of the Gen- 
eral Court. Said Northend came into court and passed over to 

" secondly she is but about (as she sayes) sixteen years of age 
& her mother (whoeuer she is) did neiier know of this her childs 
comeiug hether : I should thiuke it a hard measure to haue the 
same don to any child of mine : by our law here established. 

'' thirdly the Indian is extremely discontent to liue with John 
bishop now ther is some reson for it : for she was so when she 
came first to my house : beside the testimony in court doeth not 
witnes from her mouth (which if they did it is nothing for she is 
to be at her parents disposeing) but by an interpreter now the 
witnes canot say that he did report her words unto them or ther 
words true to her and it is denied that : that Indian harry had 
ought to doe with this Indian besid they knew not this Indians 
name which doub[t]les she would haue dou if she had consented, 
humbly desiering that your worships would not forse her to liue 
ther seiug they say slie came but upon likeing, now that she should 
liue hue yeare upon liking has not comon sence in it; beside she 
doeth deny any such thing : The sayd hary much commooton her 
& John bishop tow she desiered me to spake som thing for her in 
this caiise : your Honors servant : 

" Jn" Hathorne."* 

John Bishop's bill of charges, 21i. 10s. 

The Indian's bill of costs, Hi. Is. 

Henry Jaquish deposed that when travelling to Boston, he found 
John Bishop's squaw by the highway and took her to the ordinary 
man of Lin, Mr. Haighhorne. Deponent promised that he should 
be paid for the time she was with him, and sent word to her master, 
whom he supposed would be there the next day, etc. Sworn in 
Ipswich court, Sept. 25, 1660, before Robert Lord,* cleric. 

John Bond deposed that he was with John Bishop when he went 
to Mr. Haighhorn's house to get his squaw. When they went in, 
she went to her master and stood at his elbow, seemingly very 
willing to go with him. A little maid in the house whispered to 
her, and the squaw went away into another house and was unwil- 
ling after that to go near her master. 

Jo. Judkin and John Bond deposed that Joseph Armentage and 
Edmund Richards attempted to prevent Bishop from taking the 
squaw, saying that they were freemen of the town and he should 
not have her. Also that said Armantage put one hand in the 
waistband of his breeches, and said if he had John Bond in yonder 
marsh he would deal with him with one hand. 

Benjamen Swett and Nathaniell Weare deposed that, being at 
Nantukett Hand last May, at the house of Thomas Macy, there 

*Autograph. 



242 IPSWICH QUARTERLY COURT [Sept. 

Joseph Bayley a parcel of land in the village land, containing 
three hundred acres, and also twelve acres of meadow at the same 
place valued at 511i. ; said Ezekiell gave the other lOli. freely to 
his said son-in-law, which was in full of the said legacy, etc. 

Joseph Bayly chose Ezekiell ISTorthend, his father-in-law, as his 
guardian, and the court accepted him, 

Eichard Swan acknowledged his error in a testimony he gave at 
the Court of Assistants. Court withdrew its sentence of making 
him incapable of jury duty, etc. 

Daniell Blake fined 51i. for making love to the daughter of 
Edmond Bridges, without consent of her parents. Execution 
respitted.* 

being about ten or twelve Indians at the house, one of them, called 
Mr. Harry, asked Goodman Bishop, who was also there, if he would 
have a squaw live with him. Said Bishop replied " Let me se 
her;" and when the Indian had shown the squaw, he said he would, 
if she would live with him ten years. The Indians went " out a 
door two or three times," consulting together, and at length she 
consented to go for five years. If, however, she liked, she would 
stay the other five ; if not, she was to have liberty to return to 
her own country. When the agreement was made, deponent asked 
the Indian called Mr. Harry, the chief speaker, if he sold the 
squaw, and he answered that she was willing to live with the Eng- 
lish and asked him to make the bargain for her. Sworn in Ipswich 
court, Sept. 25, 1660, before Eobert Lord,t cleric. 

*The examination of Daniel Black and Faith Bridges, concern- 
ing his notorious evil carriage : Eirst, said Black confessed that 
contrary to the mind of her father, he stayed with her in her 
father's house late upon the last day of June, 1660, when the fam- 
ily were in bed, it being about ten o'clock when Edmund Bridges 
went to bed that night. Second, that having taken William Dan- 
ford from his master Pritchett's work, to go with him to Eowly, 
they carried a bottle of wine to the house of Edmund Deere in 
Ipswich ; and being there, he employed the said William as his 
messenger and instrument to draw the said young wench to him at 
Deere's house, from her father's house, her father and mother be- 
ing absent from home ; that she stayed at Deere's house half an 
hour, when Deere and his wife were not at home. 

Edmund Bridges bound for his daughter's appearance. 

William Danford said that Daniel Black said to him that he 
could " beteame to stabb him " because he stayed so long, and this 
was after the wench was come to him at Deere's house. 

tAutograph. 



1660J RECORDS AND FILES 243 

William Danford fined 10s. for his offence. 

Evan Morice was fined 40s. and ordered to prison for drunken- 
ness, quarrelling and railing speeches.* 

Daniell Clarke was sentenced as follows : For selling half a 
pint of liquor to the Indians, to pay a fine of 20s. ; for provoking 
speeches, 10s. ; and for selling liquors without a license, imprison- 
ment during the pleasure of the court ; and for disorders in his 
house, was prohibited from keeping an ordinary any longer. f 

Danford was bound to appear at next Ipswich court in this case. 
Sureties : William Vselton and John Marshall. 

" Gudm Bridges I pray let me be remembred to you and let me 
intrete your leniti toward Daniell blak or giue or produs bond for 
him rather then imprison him I would haue Cam my self but my 
ocasions will not let me he is like to loes his korn if he li by it and 
if you and he do take up so much of the matter as you can Con- 
uenientli which he is willing to doe it may do well on both parties 

"Yours Daniell Clark." + 

Warrant, dated, 4:5: 1660, to the constables of Ipswich, Kowly 
and Topi^esfeild for the arrest of Daniel Black and William , an 
Irish man servant of William Pritchett ; also to summon John 
Brewer, Obidiah Bridges and the wife of Edmund Deere, as witness- 
es; signed by Samuel Symonds.j 

*Erancis Ussleton and Edmund Bridges deposed that Evan 
Morrice provoked them by railing speeches, such as calling them 
cheating rogues, baud-birds Bridewell birds, etc. 

fFraunces Uselton's complaint against Daniell Clark, dated 
Sept. 3, 1660 : For selling strong liquors and wine without a 
license and charging excessive prices for same, for selling liquors 
to Indians, for breach of the peace, for neglect of his duties in his 
ofiice of constable and for disorder in his house. 

Summons to Thomas Wase, Edmond Bredges and Anthony 
Carell, as witnesses, dated, Sept. 24, 1660 and signed by John 
Bedington,! for the court. 

Edmond Bridges, jr., deposed that, being at Daniell Clarke's to 
attend a town meeting, and the town affairs being concluded, he 
and some others called for a cup of liquors for their refreshment. 
When they asked for a reckoning, a contest arose between Daniell 
Clarke and his servant, Evin Morris, about the amount. Said 
Morris interrupted and contradicted his master with opprobrious 
language, giving him the lie and further ratifying his abusing de- 
portment by holding up his hand against him. Deponent, fearing 
the issue of so hot a contention, pushed Evin back, but the latter 
being overcome with drink, fell upon the ground, and after recov- 

JAutograph. 



244 IPSWICH QUARTERLY COURT [Sept. 

ering his legs, laid violent hands upon deponent, buffeting him with 
as good courage as his cups and manhood would permit. Francis 
TJrsleton was a spectator, who tried by argument and persuasion to 
prevent Evin Morris from committing such misdemeanors, but the 
latter affronted him, also. Daniel Clark also laid violent hands on 
Francis Ursleton, dragging him by his neckcloth and calling him 
cheating rogue, etc., and claiming that deponent and Ursleton had 
contrived to satisfy their account due upon his book by some such 
way as Ursleton paid him for breaking up his land. He also 
called them cowards, and challenged them to the field, saying, 
" Come Urselton lett us goe behind ye hill & I will try a touch 
with thee." Uiselton replied that it was time to stand upon his 
guard and took said Clark by the neckcloth for his personal secur- 
ity, whereupon Clark asked deponent and William Smith to aid him 
in taking said Urselton to the stocks. Urselton refused to go with- 
out his hat, but having procured it, the constable refused to see to 
the prosecution of this charge, etc. 

Francis Ussleton and Edmun Bridges deposed that Daniel Clarke 
owned to both of them that he had no license to sell either wine or 
liquors ; also that he had sold to John Indian eight shillings' worth 
of liquors and three meals of victuals, etc. Sworn in Ipswich 
court, 25 : 7 : 1660, before Robert Lord,* clerk. 

Sarah Ussleton deposed that, being at Dauiell Clark's the night 
of the trouble, notwithstanding the condition of Morice, Goodwife 
Clarke let him have three gills more of liquor and, she thought, 
one pint of wine. Then said Morice raged and called deponent and 
his dame vile names, and said he would kill Isaac Ong and depo- 
nent. Clarke took no notice, but told his wife she had made him 
drunk. Sworn in court. 

Thomas Wasse, Anthony Carill, John How, Frances Ursellton, 
Daniell Black and Edmond Bridges testified that they saw Indians 
drink and buy liquors in Clark's house. Sworn in court. 

Isack Ong deposed that after the trouble, he being at Clarke's 
house that night. Even Moris went to bed and later came down in 
his shirt. At the request of Goode Clarck, he tried to persuade 
Moris to go back to bed, but he refused, saying he would not stay 
with such rogues, etc. Sworn in court. 

Edmond Bridges and Danill Blake deposed that when they were 
at Danill Clark's about reaping time with Bridges' brother Obedy- 
ah, John Crumill and John McShane, they spent seven shillings, of 
which John Crommill paid four shillings, eight pence, in money, 
and said Bridges paid seven groats ; they also paid for one pint of 
wine. Danile Blake paid for one pint of liquor. Cromille wished 
to go home, but Clark persuaded the company to stay, and for one 
who did not like liquor, Clark said he would send to Ipswich for 
some sack, etc. Sworn in Ipswich court, Sept. 25, 1660, before 
Robert Lord,* clerk. 

♦Autograph. 



1660] RECOEDS AND FILES 245 

Edraond Bridges, of Topsfield, and Frances Urselton were fined 
and sent to prison for quarreling, not submitting to the constable 
and abusing him in his own house.* 

Edmund Bridges deposed that Francis Ussleton, being employed 
by worshipfull Mr. Simons to serve a warrant upon Daniell Clarke 
and Even Morrice, said Clarke broke forth into violent speech, call- 
ing said Ussleton rogue and bidding him depart his house or he 
would crack his crown ; and this before he had time to legally serve 
the warrant. 

Thomas Wasse deposed that being resident at Daniel Clarke's 
house about a month, he saw no disorder in the house by intem- 
perate drinking and told all to be prudent and cautious ; that he had 
further heard him tell Even Morris not to call for any liquors to 
drink with any that came to his house but rather to deny the ac- 
ceptance of " pledging his guesse" that he might the better avoid 
disorder and superfluous expenses ; that Clarke knew his constitu- 
tion to be such that a little drink would overcome him and " exas- 
perate his sperit." John Baker, f William Smythf and Francis 
Bates! testified the same. 

John Baker, jr., deposed that he came by accident to Daniell 
Clark's, when Urselton and Bridges were there with a warrant for 
said Clark. They showed it to deponent, but snatched it away from 
him when they saw said Clark's wife approaching. They told said 
Clark that they had it, but would not let him see it, only hear some 
part of it. Clark departed out of the house, but immediately re- 
turned and asked for provisions, which his wife refused him. He 
replied that such rascals should not have them, requiring pay for 
what was already due, and adding he had " layd downe the ordi- 
nary." 

*<« To the honnred Cortt 

*' with dew respectes as your worships are the fatheres of the 
land and home is here agused in som partt Justly and in som part 
not justly : as will apeare upone the scearching into mattars : do 
accknilege that it is mattar of blame unto me in this mattars so 
far as i do and shall acknowledg and acordingly as is or shall be 
legeoly proued against me : therfor I hope your wourchipps will 
considdare me as hath all Redy bene acknoleged by them : selfe 
danile clarke and as I shall plainly make apeare to the lyese of 
y® worlde that I hath bene noe unresonabell mane in way of exs- 
pences but I hath bene very diligent in my labour sencs I came to 
topsfelde in my trade : a[n]d do beseach The praires of this honnrd 
cortt to god for me as i hops I haue f ounde the Benefiit of all redy : 
that god would Be plesed to make me conchonabell in my life in 
my dealing both in respect of atendans to the calls of the contry 
and in my trade : which i do desiar to be sarvisaball in to improue 

tAutograph, 



246 IPSWICH QUARTERLY COURT [Sept. 

Frances Ursselton fined for swearing the second time, and for 
taking tobacco in the street on the Lord's day. 

my talent which god hath put in my hand lik wise I do dessoune 
taking part with goodman Usilton in any respect of euill but the 
ocastione of my coming hether was by a sumans of francis Usil- 
ton : to geife euedencs in this case therfor I hope the honnred cortt 
will considare my ernest and sears exspreshons a[n]d all iu way 
of humbleing of my selfe in what i am found a delinquaut in : 

"Edmond Bridgs."* 

Goodwife Bates deposed that " hearing at my house a great 
noise And Good"" Useltons tounge in the noise, and knowing that 
my Husband was gone to Goodm Clarks for a pitcher of small beere, 
I feared Uselton had or would mischeife my husband in Useltons 
quarrelsome humor, And I came to the house In all the haste I 
could make, And when I came I heard Goodwife Clarke cry out 
my Husband, And uselton had him by the throat, & nubled him 
under the throat and abused him like a dogg, and also in wordes 
uery badly, And railed one Goodwife Clarke : saying shee was a 
deuelish woman, And the diuell was in her and would haue her. 
And they would not obey but Refused to obey the authority of the 
Constable, the moi-e he comanded the peace the more they Reuiled 
him and Refused to depart the house : and said the house was 
theirs, And after the constable had gott Evin Morris from them, 
And shut him from them in a parlor they broke open the doore 
twice, to quarrel 1 as I thinke with Evin Morris so that Good'" 
Clarke was uery hardly put to it to keepe the peace, foi- Edmund 
Bridges threw Euin Morris twice against the ground like a dogg," 
etc. The quarrel lasted three hours and all that time Goodman 
Clarke gave them no ill language. Sworn in Ipswich court, Sept. 
25, 1660, before Robert Lord,* clerk. 

Edmund Bridges testified that what Daniel Clarcke accused 
Goodman Ussleton of, namely, laying hands on him, was done after 
said Clarke had challenged the field of him and after he had made 
William Smith his deputy ; further that Clarke said that Ussleton 
would not depart the house without more drink, which consisted 
of small household beer, etc. 

William Smith deposed that Usselton threw Morris upon the 
ground, holding him by the throat, etc. Also, that Goodman Clark 
did not challenge Bridges, but told them that they were unmanly 
fellows to meddle with such a poor fellow, not being ignoi-antof his 
weakness and extreme passion, and tried to rid the house of them. 
Sworn in Ipswich court, Sept. 25, 1660, before Robert Lord,* clerk. 

Matthew Stanley deposed that he was asked by Goodman Clarke 
to help pacify them, but he knew that he was not able and so re- 
fused ; also, that said Clarke used no unmeet language, etc. Sworn 
in court. 

♦Autograph. 



1660] KECORDS AND FILES 247 

Jugg, Capt. White's negro, upon her presentment for fornication, 
■was sentenced to be whipped. 

Frances Urselton and his wife were admonished for leaving their 
children alone in the night in a lonely house, far from neighbors* 
after having been warned of it. He was to be punished, if any 
danger came from it. 
/ Whereas there was a return made of a laying out of a way from 
the north end of Rowley town to Rowley mill and so on to Richard 
Thurrell's bridge, as the trees were marked, and so on through the 
farms of Edmond More and Robert Adams, to Trotter's bridge as 
the trees were, and so on to the meeting-house of Newbury, as An- 
dover way was laid out, and some Newbury people appearing at 
this court and claiming that there was yet a nearer and more con- 
venient way, it was ordered that the four men previously appointed 
meet with the Newbury men, view the way mentioned and report to 
the next Ipswich court, etc.* 

Francis Baker deposed that Morris' mouth was very much swol- 
len and bled. He heard Goodwife Clarke cry out, fearing that her 
husband would be killed. They desired deponent to help quell the 
disturbance, but he could do nothing on account of a lame hand, 
etc. Sworn in court. 

*" According to that which our Towne propounded unto the hon- 
oured Court Sept. 1660 of a neerer and a more Convenient way then 
that by Rowley mill and by Richard Tharlayes, wee do here againe 
p'^sent what was then propounded. And according to the Courts 
order do make report unto this honoured Court, and wee hope that 
Ipswich men cannot but acknowledg it is a better way and more 
Leuell then the other, & wee haue measured both, and find it to bee 
three quarters of a mile neerer wanting but 12 Rods being impar- 
tially measured and wee do thus describe this way from Rowley 
through their oxe pasture Runing ouer a parsell of meadow being 
about 50 Rods unto Rowly Mill riuer with a bridge ouer the Riuer 
which may cost about ten pounds by M"" Phillips meadow and then 
through the necke, being very little more then halfe a mile unto 
the Riuer which is the falls Riuer ouer another bridge, and so run- 
ning ouer another parsell of meadow about 55 Rods and so through 
the upland being Edmund Moores pasture and so to the old way by 
Robert Adams house and ouer Newbury Mill bridge || by y** meet- 
ing house II and going this way wee shall escape 5 or 6 little bridges 
which of necessity there will bee in the other way with that 84 
Rods of marsh which is by Richard Tharlayes bridg withall the un- 
euen ground in the necke betweene the two Riuers which is intol- 
lerable for a way for the country in our account, And wee do thinke 



248 IPSWICH QUARTERLY COURT [Sept. 

Isaiiah Wood was released of his bond, no one appearing to prose- 
cute. 

John Leigh was released of his bond. 

John Pindar fined 51i. for cutting a mare. Part of the fine 
respitted.* 

if the Country did know the difference of these two wayes they 
would willingly be at some charge for the neerest, and it may bee 
wee may yeild to be at some charge if this way may be attained, 
but wee cannot bee willing to be at any charge for the other, if we 
can any way auoyd it, for wee do know the charge will extraordi- 
nary, and wee conceiue the Euenest dryest and neerest is most fit- 
test for the country way both for Cart horse and man. 

" Concerning what was done at Rowly. 

" Goodman Peirson brought a writeing unto us to Newbury to 
haue us sett our hands unto, but we all three refused so to do, be- 
cause wee could not owne some things which was written intending 
to discourse together about it. 

" And for the first measureing of the way wee do say it was un- 
equally done." 

Thomas Burnumf of Ipswich testified that being desired by some 
of his Rowley neighbors to view the way asked for by Newbury, 
and Rowley men being desirous of having the way a little higher 
near Thuril's house, he reported the difference in cost as follows ; 
*' In the lower plase which newbery men desier the way In two 
creeks the least I compare with that where thurils bridge stood and 
the bigest creek is as I remember eaght Rods over at low watter 
and a great part of it very deep and very bad In the bottom : In so 
much that were ther a nesesity of a brige ther and I to buld any 
consideraible share of it and to warant the standing of it any con- 
siderable time I should Rather pay my share to the brig after the 
Rate of 300 hundred pounds : then to labor In the bulding of it 
and stand bound for a brige ther after the sam Rate," 

*Samuell Graves, aged about thirty-eight years, testified that 
John Pinder, jr., told him and one of his children that he wished 
deponent's house and all he had would burn, and that his father 
wished so too. Deponent found a match lying near the groundsel 
of his barn with the burned end touching the hay, and he had often 
told said Pinder of his naughty tricks and he would reply " You 
lye, Graves." Deponent had also heard him go along the street 
muttering and threatening his children, hogs and fowls, saying 
that he would knock them in the head. Said Graves had several 
fowls knocked in the head, lying in Pinder's yard, his pigs 
wounded and a shoat of three quarters old stabbed with a pitch- 
fork. Deponent had often told Pinder's father of his tricks, 

tAutograph. 



1660] RECORDS AND FILES 249 

Henry Bachelour fined 51i. for absence from meeting on twenty- 
Lord's days. 

Theophilus Willson was allowed 51s. 

Will of Humphry Reynour was proved, and inventory received. 

George Bonfield bound in 5Ts. for the release of Georg Dymond 
from prison. 

Five shillings were ordered to be given to the house. 

Court held at Salem, 27 : 9 : 1660. 

Judges : Worshipfull Mr. Symond Bradstreete, Mr. Samll. Sy- 
monds, Major Generall Danyell Denison ; Asosiat, Major William 
Hathorne. 



but he would not believe it, and also had heard him use the devil 
in his mouth often times ; deponent's wife had heard him speak 
profanely and take God's name in vain in such words as were not 
fit to be spoken. Sworn in court, 14 : 7 : 1660, before Robert Lord,* 
cleric. 

Samuell V deposed that John Pindar repeated to him what 

Thomas Wilson would testify against him, and denied that he said 
what Wilson claimed. Finder told him that he did say if Tho. 
Wilsones mare was in the place where the other was, he could cut 
her, etc. Sworn in Ipswich court, 27 : 1 : 1660, before Robert 
Lord,* clerk. 

Thomas Jones complained against Elner Jackson for calling him 
names, and his children ♦' bastards and tallafast quene and Tinck- 
kers trull and Puncke and stue ;" also for fighting and pulling him 
by the hair of the head, and when he reproved her for swearing, 
sho told him he lied. She further told him to get out of her house 
and when he did so, she gave him a box on the ear. Ruth Jones 
and Mary Somes testified to the substance of the foregoing. Sworn, 
July 26, 1660, before Samuel Symonds.* 

William (his mark) V insoun deposed, 24 : 5 : 1660, at Gloster, 
that whereas he understood that Goodman Jones intended to com- 
plain against Goodie Jackson for some offences, he talked with the 
parties and found that said Jackson was willing to give satisfac- 
tion. But said Jones would not accept it, unless she would go and 
acknowledge what he laid to her charge publicly on the Lord's day 
in the meeting house. The discourse occurred in Goodie Jackson's 
house, and deponent testified that, as far as he could learn, Good- 
man Jones was more at fault than she. Deponent's wife was able 
to testify as much or more. 

John deposed that he added the figures and the amount was 

thirty pounds, which was due from Whittacre to John Godfry, etc. 

*Autograph. 



250 SALEM QCTARTERLY COURT [Nov. 

Grand jury : Nathanll. Felton, Henry Skerry, Henry Herrick, 
John Neale, Samll. Ebborne, John Deacon, John Devorix, JSTicho. 
Vinson, Phineas Fisk, Hugh Burt, Mr. Thadeus Redding, Mr. 
Adam Haukes, William Meriam and Mr. William Steevens. 

Jury of trials : Mr. John Gardner, Thomas Putnam, Elias Mason, 
Isaack Williams, Thomas Kobbins, Eichard Hutten, Ensigne Fuller, 
Mr. John Hathorne, Robert Surges, Allen Bread, jr., Theophilus 
Bayle and James Stevens ; and Jon. West upon Jon. Hathorn's 
action. 

Civil cases : — 

Mr. Edmond Batter v. Frances Usslton. Debt. Verdict for 
plaintiff. The defendant being not in this jurisdiction, judgment 
respitted,* 

Mr. John Payne v. Frances Usselton. Debt. Verdict for plain- 
tiff. Judgment respitted. t 

John Godfery v. Thomas Perry. Debt. Plaintiff took his oath 
in court that he left a summons with the defendant eight days 
before the court. J 

*Writ : Mr. Edmond Batter v. Frances Uslenton of Topsfield; 
debt; dated, Oct. 11, 1660 ; signed by Hillyard Veren,§ for the 
court; and served by Tho. Rix,§ whom Samuell Archer,§ marshal 
of Salem, appointed as his deputy, by attachment of the house and 
land of defendant in Topsfeild. 

Jno. Godfery, aged about forty years, testified that, having dis- 
course with Franc. Urslington about the land he lived upon in 
Topsfield, which was mortgaged to said Godfery, he acknowledged 
that he owed Mr. Batter about twenty pounds. This was sometime 
the latter end of the last summer. Sworn in court, 27 : 9 : 1660, 
before Hillyard Veren,§ cleric. 

Ed. Batter's bill of charges. Hi. 16s. 

tWrit : Mr. Robert or John Paine of Ipswich v. Francis Ussel- 
ton; debt; dated, 17: 9: 1660; signed by Daniel Denison,§ for 
the court; and served by Robert Lord,§ marshal of Ipswich, by 
attachment of house and land. 

Bond of Francis (his mark) Urselton of Topsfild to Mr. Robert 
Paine or John Paine, his son, dated, Feb. 28, 1659-60, for five 
pounds to be paid in beef, pork or wheat, on Oct. 28, 1660, at the 
dwelling house of said Robert Paine. Wit : Robert Payne, jr.,§ 
and Elisabeth Payne.§ Sworn by the witnesses, 9 : 26 : 1660, be- 
fore Daniel Denison.§ 

J John Godfry's bill of costs, Hi. 8s. 

§ Autograph. 



1660] RECORDS AND FILES 251 

John Codner v. John Northy. For swearing he would turn his 
boat adrift, which, if he should, would be to the plaintiff's undo- 
ing. Withdrawn.* 

Mr. John Croad, formerly known by the name of John Hughson 
V. Mr. Tho. Brattle, Will. Bartholmew and Antipas Boyce, the at- 
torneys of the trustees of the estate of Mr. Peeter Cole, late of 
London, and Richard Cooke and Walter Price, trustees to Mr. Tho. 
Broughton. Two cases. Debt of SOOli., and another of 200011. 
For several disbursements in the management of the said estate, 
according to an attachment, dated, 13: 9: IGGO.f 

Eoger Hauscall, attorney of Eunice Porter v. Osman Trask. For 
said Eunice's dowry, which was one-third part of houses and lands 
sold to the said Osman by her husband, Jonathan Porter, with all 
due damages according to attachment, dated, 22 : 9 : 1660. Ver- 
dict for plaintiff. I 



*Writ: John Codnor v. John Northy; for swearing that he 
would turn plaintiff's boat adrift ; dated, 22 : 9 : 1660 ; signed by 
Francis Johnson, § for the court; and served by Joseph Dallabar,§ 
constable of Marblehead. 

fWrit : Mr. John Croad, formerly known by the name of John 
Hughson V. Estate formerly belonging to Mr. Peeter Cole of Lon- 
don, deceased, and Mr. Thomas Broughton of Boston, merchants, 
and now in the hands of Thomas Bratle, William BarthoUmew 
and Antipas Boyce, trustees in London of said Peeter Cole, and 
Eichard Cooke and Walter Price, trustees of the said Thomas 
Broughton ; debt of 200011. and another of SOOli. ; dated, 13 : 9 : 
1660; signed by Hillyard Veren,§ for the court; and served by 
Tristram Coffin, § whom Samuell Archard,§ marshal, appointed his 
deputy, by attachment of one-half of a saw mill in Pucattaque 
river at Quamphegon, on Dover side, with the logs, boards, etc., 
their interest in a saw mill on Kitterie side at Quamphegon, to- 
gether with all lands and fallen timber at Sturgon creek, and the 
warehouse at Doctor's lUand in Puscattaque river. 

jChristopher Waller deposed that going to the house of Jona- 
than Porter, he asked Eunice, wife of Jonathan, if they had sold 
their house and land to Osmand Traske and she said they had, etc. 

Edmond Grover deposed that he was a near neighbor to Jonathan 
Porter, and Eunice Porter manifested more willingness to sell than 
did her husband. 

Roger Conant testified that he wrote the agreement between said 
Porter and Trask, and they were deliberating three hours, during 

§ Autograph. 



252 SALEM QUARTERLY COURT [Nov. 

Eoger Hascall, as attorney for widow Eunice Porter, gave bond 
for payment of charges in the foregoing action. 

Cornelius Waldoe v. Frances Usselton, For assaulting him upon 
the highway, putting him in fear and saying he had stolen his 
hogs, pretending he was the constable's deputy and had a special 
warrant, according to attachment, dated, 9:8: 1660. Verdict for 
plaintiff.* 



all of which time Porter's wife was present and furthered the 
sale. Not a word or syllable passed her mouth concerning hei 
thirds. 

Ellin, wife of John Stone, sr., testified that she talked with 
Eunice Porter about the sale and she said nothing about her 
thirds, etc. 

The foregoing depositions sworn in court, before Hillyard Ve- 
ren,t cleric. 

Eunice (her mark) Porter.t widow of Jonathan Porter of Hunt- 
ington, on Long Island, on June 19, 1660, appointed Roger Has- 
koll of Salem her attorney. Attested by Jonas Wood-f and 
Thomas Bennydick,f magistrates, and Thomas Skidmore,t notary. 

John King testified that he brought the letter of attorney from 
Eunice Porter of Long Island to Roger Hascall in Salem. Sworn 
in court, 27 : 9 : 1660, before Hillard Veren,t cleric. 

Bill of charges, 17s. 3d. 

Writ, dated, Nov. 22, 1660, signed by Tho. Fiske,t for the court, 
and served by Edward Bishop, f constable of Bass river. Bond of 
Osmond (his mark) Trask. Wit : Roger Conantt and Edward 
Byshop.f 

*Writ, dated Oct. 9, 1660, signed by Robert Lord,t for the court, 
and served by Robert Lord,t marshal. 

Francis (his mark) Urssellton's bond to Cornelius Waldo, dated, 
Oct. 10, 1660, for appearance at next Salem court. 

Cornelius Waldo's bill of costs, 6s. 6d. 

Natli. Putman was attorney to Francis Ursselton. 

Robert Dayf and Theophilus Wilson,t constables of Ipeswig, 
testified, 26 : 9: 1660, that they did not make Franses Uselton of 
Topsfeild their deputy to take Corneales Woldo. 

Robert Punell, aged about twenty years, deposed that being at 
Daniell Warner's house on Oct. 8, he heard Mr. Waldo cry out for 
help about midnight. Deponent ran out with others, and he heard 
Frances Ursselton say that he had taken Mr. Waldo prisoner, that 
he apprehended him for a thief because he had stolen his sow and 
pigs and sold them in the town. Mr. Waldo bade him go for the 
constable, and Urselton replied that he had a special warrant for 

fAutograph. 
iSeal. 



1660] KECORDS AND FILES 253 

Joseph Armitage v. Tlio. Looke. Debt. For wheeling in 900 
cords of wood. The defendant, being called three times, forfeited 
his bond for appearance to the value of thirty pounds.* 

Mr. Philip Cromwell v. Mr. John Ruck. For 201i. damage. In 
not giving possession of a parcel of land called a farm, to said 
Cromwell, by deed of sale. Verdict for plaintiff. Appealed to the 
Court of Assistants. Mr. John Ruck and Thomas Robbins bound 
for said Ruck's appearance.! 

him. Deponent further testified that when he first came out of 
the house, he saw said Ursselton hold Mr. Waldo's horse by the 
bridle, and when the latter went away to go home, he ran after 
said Waldo and caught him by the leg. Sworn, 26 : 9 : 1660, be- 
fore Daniel Denison.| 

Samuell Lord, aged about twenty years, deposed that Mr. Waldo 
desired of Goodman Warner, on the night of the trouble, if he 
could have a room in his house, for he was afraid to venture with 
Ursselton, but a while after, Mr. Waldo said he would go home, 
and Ursellton said he would go with him. Waldo rode away 
toward the river, followed by Ursselton, and called out for help, 
turning his horse toward the bridge. Sworn, 26 : 9 : 1660, before 
Daniel Denison.$ 

Daniell Warner, jr., deposed that being up late in his father's 
house, somebody called, and he and many others who were present 
went out and found Mr. Waldo, etc. Uselton refused to read the 
warrant before deponent's father. Sworn, 26 : 9 : 1660, before 
Daniel Denison.t 

*Writ, dated, 17 : 9 : 1660, signed by William Longley,J for the 
court, and served by Jonathan Hudson, t constable of Line, by at- 
tachment of 901i. in the hands of ]Mr. Oliver Purchas. 

tWrit, dated, 21 : 9 : 1660, signed by Hillyard Veren, t for the 
court, and served by Samuell Archarde,| marshal of Salem. 

Philip Crumwell's demand in the action against John Rucke : 
Damage for not having my bargain, 201i. ; for damage in repaying 
of 141i. back unto Rich. Hollinworth in takeing of oussenbridge in 
the rome of silver and other good goods, 31i. ; charges at Salem 
court, 21i. 7s. 7d. ; charges at Boston court to John Rucke, 21i., etc. 

Writ : Mr. Phillip Cromwell v. Mr. John Ruck ; for withholding 
possession of one hundred acres bought of plaintiff ; dated, Apr. 2, 
1660 ; signed by Hilliard Veren for the court ; and served by Samll. 
Archard, marshal, by attachment of said land. Copy made by 
Hillyard Veren,! cleric. 

Copy of verdict in the foregoing case, in Salem court, 26 : 4 : 
1660, made by Hillyard Veren, J cleric. 

tAutograph. 



254 SALEM QUARTERLY COURT [NoV. 

John Hathorne, assignee of Richard Waite v. George Halsell. 
For forfeiture of a bond for non-appearance at a commissioner's 
court held at Salem, being legally summoned. Verdict for 
plaintiff.* 

William Story v. Edward Bragg. For withholding one parcel 
of his land without any right, it being part of the farm which 
plaintiff bought of Henry Archer. 

The wife of Gabrill Skinner fined, upon her presentment, for 
being disguised with drink and being found in a very unseemly 
manner. She confessed. f 

Mr. William Norton, attorney of Mr. Emanuell Downing v. Phillip 
Fowler and Mary, his wife, executrix of the estate of her late 
husband, George Norton. Debt. For rent which was due from 
her late husband, and herself, while she was a widow. Nonsuited. J 

Copy of depositions of Richard Hucheson, Thomas Hale, Thomas 
Cromwell, Thomas Barnes, Joseph Hucheson and John Putnam, 
given into Salem court, 26: 4: 1660, made by Hillyard Veren,§ 
cleric. 

*Writ : John Hawthorn v. Georg Halsell, for appearance at 
next commissioner's court in Salem; dated, 20: 5: 1660; signed 
by Jonath. Negus,§ for the court; and served by Rich. Wayte,§ 
marshall of Suffolk. George Halsell's§ bond, dated, 20: 5: 1660. 
On 13 : 9 : 1660, Rich. Wayte§ assigned this bond to John 
Hawthorn. 

John Hathorn's bill of cost, amounting to Hi. Is. 8d.,was allowed 
by the court as part of the bond of 91i. that was forfeited. Attested 
by Hilliard Veren,§ cleric. 

Writ : John Hawthorn, assignee of Richard Waite v. Georg 
Halsall ; forfeiture of a bond of nine pounds ; dated, 13:9: 1660 ; 
signed by Jonath. Negus,§ for the court; and served by Rich. 
Wayte,§ marshal, by attachment of a great gun belonging to defen- 
dant. 

Copy of the record of the meeting of the commissioners of Salem, 
6:6: 1660, when the bond was declared forfeited, made by Edmond 
Batter, § commissioners' clerk. 

jMarblehead presentment. Wit : Timothy Lang, Jno. Northey 
and Thomas Bowing. Summons, dated, 10 : 9 : 1660, served by 
Joseph Dallaber,§ constable of Marblehead. 

Venire to constable of Marblehead, 10 : 9 : 1660, signed by Hill- 
yard Veren,§ cleric. 

tWrit, dated, Nov. 22, 1660, signed by Robert Lord,§ for the 
court, and served by Robert Lord,§ marshal of Ipswich. 

§Autograph. 



1660] RECORDS AND FILES 255 

Mr. Cornelius Waldoe was ordered to have charges in the action 
of Frances Usselton against him, the latter not appearing to 
prosecute.* 

Arthur Sandy's license was renewed for one year. 

William Nick sworn constable of Marbleheade and Jon. Folland, 
constable of Wenham, for the year ensuing. 

John Andrewes v. Robert Skinner. Debt.f 

Mr. George Corwin was appointed administrator of the estates of 
Eoger Tucker, Walter Butcher and Thomas Smith, all deceased, 
and ordered to bring in inventories to the next Salem court. 

Robert Skinner acknowledged judgment to Mr. John Hathorne. 

Frances Ussellton forfeited his bond for non-appearance in his 
case against Cornelius Waldoe. 

Roger Preston was allowed to keep an ordinary and to sell 
strong liquors for the entertainment of strangers the ensuing year. 

Edward Bishop, constable of Salem, was allowed a bill of 13s. in 
Georg Dimon's case, said Dimon to pay it. 

Eauph Ayres fined, upon his presentment, for being disguised 
with drink. He confessed and Mr. George Corwin promised to pay 
the fine. J 

Mr. Danyell Epps sworn freeman. 

William Perkins, aged between nineteen and twenty years, 
Tobias Perkins, aged about fourteen years, and Elizabeth Perkins, 
aged about seventeen years, all children of Mr. William Perkins 
of Topsfeild, chose their father to be their guardian, and the court 
allowed it. 

*Francis Usselton complained that Cornelius Waldo had taken 
a sow of his and killed her, and disposed of eight pigs of his with- 
out his knowledge or order. Usselton claimed he bought them of 
said Waldo. Both were bound to the next Salem court. Copy of 
record of the court of Oct. 9, 1660, made on Nov. 26, 1660, by 
Daniel Denison.§ 

t" This wittneseth that I Robert Skiner haue sold to John An- 
drewes of Ipswich six barells of makerell which is now at the Cape 
or at annisquam to be deliuered to John Andrewes or his asings by 
mathy Coe : at 20 shillings per barrell which is six pounds, this 
26th ^ month 1657 by me." Robert (his mark) Skiner. Wit : Hen- 
ery (his mark) Pinder and Edward (his mark) Hikkocks. 

Robert Skiner's charges, Hi. lis. 6d. 

J Ralph Heires, of Marblehead, presented. Wit : Joseph Dolly ver 
and John Cowman. 

§ Autograph. 



256 SALEM QUARTERLY COURT [Nov. 

Court ordered the clerk to summon parties mentioned in a case 
brought into last Salem court by Lyn persons, to appear at the 
next Salem court, together with witnesses. 

Elizabeth Nicholson was appointed administratrix of the estate 
of her late husband, Edmond Nicholson, deceased. An inventory* 
was brought in, amounting to 15011., and debts, 541i. 4s., which 
were allowed. Court ordered the estate to be divided as follows : 
To Christopher, Joseph, Samuell, John, Thomas and Elizabeth, all 
of the children, ten pounds each, when they reach the age of 
twenty-one years or are married with their mother's consent ; if 
more debts were brought in, such debts were to be paid before these 
portions were divided, and if any of the children died, his portion 
was to be divided among the surviving children. 

Eunice, widow of Jonathan Porter, having by her attorney, Roger 
Hascall, commenced suit against Osman Trask, for the recovery of 
her thirds in some housing and land that her said husband formerly 
sold to said Osmand Trask, and having received judgment in her 
favor, the court appointed Major William Hathorne, William Dodg 
and Jeffr}^ Massy, commissioners, to bound out her thirds, now in 
said Trask's possession. 

John Peerce, constable of Gloster, fined for professing that he 

*Inventory of the estate of Edmond Nicolson of Marblehead, 
deceased, taken 22 : 9 : 1660, by Moses Mavericke, William Nicke 
and John Legg : Dwelling house, with outhouses and land, 551i. ; 
a Boat fit to goe to Sea with her moreing and Cannoe and other 
Coardage, 561i. 15s.; One Cow with the Hay, 51i. ; one Bed with 
Bolster, Pillowes, Rug and Blanketts, 31i. ; 9 yards of Ticking, Hi. 
10s. ; sheetts and pillobers, Hi. 3s. 6d. ; a peice of white kersie. Hi. 
2s. ; wearing apparell, 31i. 17s. ; 2 Ruggs, 31i. 5s.; 2 pr. of Blanketts, 
21i. 10s. ; one Bolster and 2 Pillowes, Hi. 18s. ; one chest and Box, 
10s. ; one fowling piece and 3 axes. Hi. 7s. ; one sword, 5s. ; one 
Iron pott, 2 Iron kettles, Hi. 5s. ; 3 Brasse Kettles and 2 Scilletts, 
21i. 18s.; pewter, Hi. 2s.; earthern ware, wooden and Lattin ware, 
Hi. 9s. ; 3 wheeles, 10s. ; Lome, sleies, wheele, with Barrle and 
other Lumber, 31i. 19s. ; an old Road with two Bedsteeds, Hi. 15s. ; 
total, 15011. Sworn to by Elizabeth Nicolson, the widow, 28: 
9 : 1660, before Hilliard Veren,t cleric. There were debts to sev- 
eral persons, amounting to 541i. 4s. The children were Christopher, 
aged twenty-two years, Joseph, aged twenty years, Samuell, aged 
sixteen years, John, aged fourteen years, Elizabeth, aged eleven 
years, and Thomas, aged seven years. 

tAutograph. 



1660] RECORDS AND FILES 257 

would not serve a warrant that came to him from Major Generall 
Denison, and for speaking reproachfully concerning him, as ap- 
peared by several testimonies.* 

♦Warrant to the constable of Gloacester, dated, Oct. 3, 1660, to 
return Mary Soames , John Jackson's maid servant, to her master, 
said constable having, without warrant, taken her away from his 
service, and, if she refused, to bring her before Daniel Denison ;t 
also to notify Goodman Jackson to appear to make good his claim. 

" Right worshipf all these few lines may let you Understand that 
I delivered your warrant to the constable and I herd nothing from 
him untill he served an atachment upon me and then he told me 
that he would not looke after the maide neither bring her exept 
I would pay him for it then William Vinson said you could fech 
away the maid without a warrant and cannot you bring her againe 
and he answered he would doe it if it were to doing againe and if 
he might not be upholded they might take the stafe againe if they 
would : and the constable sayth he cannot find the maide but we 
heare the maid is in towne since he had the warrant so hauing no 
more to to troble your worship doe rest yovir obliged 

" John Jackson, senior.f 

"from Gloster the 11 of October 1660." 

John Emersont and William Brownet testified that there had 
been a solemn and serious complaint made to them by divers neigh- 
bors of John Jackson, sr., concerning the ill-behavior of said Jack- 
son toward his maid, Mary Somes, who said they feared that as 
soon as Goodwife Jackson heard that the maid had made a com- 
plaint against her husband, she would either murder the maid or 
inflict a deadly wound. And ''the sayd persons also having told 
us that they had now discharged their consciences & that they 
could not be at quiet till they had told us for fear of what would 
follow & now they left it wholly with us. Upon this serious Com- 
playnt & information we could not but out of conscience informe 
the Constable John Peirce & leave it with him to take some speedy 
course for the prevention of any such mischeife and moreover we 
told him that if any such mischief did follow through the neglect 
of any speedy course that hee might take before the sayd Goodw : 
Jacks[on] came to heare of her mayds Complaynt against her Hus- 
band we had now discharged our consciences and thought it would 
wholly lye upon himselfe." 

John Jackson, jr., aged about thirty years, deposed that when 
John Pearce went into his house two or three days after he had the 
first warrant, deponent asked him why he did not prosecute and 
take up the maid according to his oath, and he replied that he 
would not make nor meddle nor look after her. Then deponent 
asked him whether it were not a special warrant, and he said what 

tAutograph. 



258 SALEM QUARTERLY COURT [NoV. 

Whereas there was housing and land in the town of Wenham 
leased out for several years to come to Richd. Coy of said town, 

did he care for that. " Then I told him that he could take up my 
father and the maide without a warrant : And he said he would 
doe it againe if it were to doe : I said unto him againe that it 
was more then he could answear And he said that he would take 
up the majore if he had don such a thing and if the law would not 
beare him out : they should take the Black stafe & hang it up to 
the mantle tree : But aside he if you will be bound that your 
mother should pay me I will goe and take her up by and by." 
The constable said he would not budge out of doors to look for 
her, unless deponent paid liim, etc. Deponent further testified 
that when he brought the last warrant from the Major-General, 
and read it to the constable, the latter looked up into his face, and 
said, " it shall be the worst dais worke that euer thee didst in thy 
life; " he told deponent that the maid was aboard Mathew Coe's 
boat, and he could not bring her because they threatened him, but 
if he would give him money to hire help, he might get her. When 
he had finished speaking, they saw her coming ashore, and the 
constable ran out and took her up without the staff. Sworn in 
court, 28 : 9 : 1660, before Hillyard Veren,* cleric. 

Mehetabell Collens, aged about twenty-two years, deposed that 
she was at John Jackson's house on business when John Pearce 
called, etc. Sworn in court, 28 : 9 : 1660, before Hillyard Veren,* 
cleric. 

Elnor Jackson, aged about fifty-eight years, deposed that after 
she gave John Pearce the warrant, etc. 

Osman Duch and William Browne testified that the constable 
looked for Mary Soames on Oct. 12, 1660 and on Oct. 15, took her 
to the Major-Generalls [Denison's] house, when the sun was about 
two hours high in the morning. 

William (his mark) Linkehorne testified that Goody Jackson, 
sr., went with the Major's warrant to the constable of Gloaster, on 
Oct. 10, 1660, the sun being about one hour high in the evening, 
and said to the constable '* here is a papper for you," and ran away 
as fast as she could. 

John Collens, jr., aged about twenty-four years, deposed that he 
heard John Pearce say that he would not get the maid, unless he 
were paid, "for said he, what shall I goe to Ipswich to the Major 
to looke for my pay." Sworn in court, before Hillyard Veren,* 
cleric. He further deposed that he .heard the constable say that 
Mr. Symons said that the constable should carry the maid to her 
father's and keep her there till the court, but now he would not 
own it in the court. 

•Autograph. 



1660] RECORDS AND FILES 



269 



which property belonged to Walter, John and Benjamin Fairefeild, 
the court ordered that said tenant should not use any timber 
growing upon the said land, except what was necessary for use in 
repairing of housing or fences. 

Isaack Cooke fined lOli. for rashly shooting off a gun and dan- 
gerously wounding Lt. Tho. Lothrop. Court ordered that he pay 
61i. of the fine to Lt. Lothrop, and one-half of the remaining Sli- 
was respitted until the next Salem court.* 

Inventory of the estate of William Golt, deceased, was brought 
into court by the widow. Amount, 231i., clear, besides the debts- 
The children, Eebecka, Deborah and Sara, were allowed 41i. each* 
and were to be paid in such goods as were inventoried, when they 
became of age or were married. 

Christopher Codner, dying intestate, an inventory! was brought 
in and sworn to by Mary, the widow, and allowed. Amount, 15211. 
Mary Codner, the widow, appointed administratrix, and the court 
ordered to be paid to Christopher, son of said Cristopher, de- 
ceased, GOli., and to the daughter, 301i., when each reached the age 
of twenty-one years, or were married ; when the said widow mar- 
ried, she was to give security for her said children's portions. 

*Summons, dated, 28: 9: 1660, served on Isaack Cooke, and 
also Theodore Price and Isaack Williams, as witnesses, by William 
Flint,! constable of Salem. 

t Inventory of the estate of Cristopher Codnor, deceased, taken 
by John Devorick and William Nicke : House and land, 601i. ; a 
Coubourtt & boxe and beadstead, 31i. 5s. ; table & frame & 4 gine 
stooUs, Hi. 2s. 4d. ; arthen ware, as potts & panes & such licke, 15s. ; 
2 barrells, 4s. 6d., one Cheast, 4s., 8s. 6d. ; one skillett, one warm- 
ming pane, dusen of treshners, one lad ell & one lantorn, 21i. 6d. ; 
wooding ware, as tubbs & trayes, 28s. 3d. ; 3 potts & 4 yiorn hookes, 
21i. ; hoges & axksesse and a sawe, 8s. ; 4 Charges and pease of 
lathour, 12s. ; one kittell, one floske bead & boulster, Hi. 14s. ; put- 
ter, 31i. 20s.; 2 ruggs, 31i. 5s. ; one pare of hoUand sheats, one table 
Cloth, 21i. 5s. ; 7 pillobrs, drayers, Hi. 8s. ; 5 sheattes, 21i. 5s. ; one 
bead & boulster. Hi. 16s. ; Curttaings & vallings & Cobbartt Cloth 
and Cushenghs, 21i. 5s. ; 3 pare of blancketts, 41i. 5s. ; a bead, 2 
pillowes and boulster, 31i. 3s. 6d. ; one Cheast, a wheall, pare of 
tongs, 2 basketts, Hi. 2s. ; pease of sargh, 4 yd. of holland, 8 yd. mo- 
heare, 41i. 6s. 8d. ; 8 yards of ttamme, Hi. 8s. ; his waring Cloaths, 
91i. 17s. ; 15 swings, 151i. ; 2 Cowes and a heffer, llli. 10s. ; in detts 
which is due to me, lOli. 17s. ; total, 15111. 9d. A daught. 5 yeares 
old, her name Mary, 301i. ; Christ., 3 yeares old, 601i. 

;( Autograph. 



260 SALEM QUARTERLY COURT [NoV. 

William Ellett, dying intestate, an inventory of his estate was 
brought in by the widow, and the court allowed it. Amount, 551i. 
8s. 6d., clear estate, besides debts. Court ordered that Sarah, daugh- 
ter of said Ellett, have one-half the estate, when she became of age 
or at time of marriage, and the house and land mentioned in the in- 
ventory was bound for the child's portion. Sara, the widow of said 
Ellett, and James Bedde, her now husband, were granted power of 
administration on the estate. 



Writ: Frances Pebody, in behalf of the town v. Richard Kim- 
bole, in behalf of Mr. Gote and Thomas Fisk, being partners with 
him ; for not paying rates due the ministry, by virtue of his hiring 
Mr. Brodstreet's farm ; dated, Nov. 19, 1660 ; signed by John Red- 
ington,* for the court ; and served by Robert Gowin,* deputy to the 
constable of Wenham. 

Writ : Selectmen of Lyn v. Richard Blood ; for not giving in an 
account to the said selectmen of a rate of 241i. 6s. lOd., delivered 
into his hands, on 25 : 11 : 1658, to collect for the town's use, for 
which labor he was to have 20s. ; dated, 5:8: 1660 ; signed by 
William Longley,* for the court ; and served by William Bartrum,* 
constable of Lyn, by attachment of the house and land of Richard 
Blood.* 

Writ: Martha Halfield v. Richard Brabrooke; debt for rent; 
dated, Nov. 8, 1660 ; signed by Robert Lord,* for the court ; and 
served by Robert Lord,* marshal of Ipswich, by attachment of 
wheat and barley in the barn. 

Writ : William Story v. Edward Bragg ; for withholding one par- 
cel of land, it being part of the farm which plaintiff bought of Henry 
Archer ; dated, Nov. 20, 1660 ; signed by Robert Lord,* for the 
court ; and served by Robert Lord,* marshal of Ipswich, by attach- 
ment of land. 

Writ : John Williams v. Ambrous Butland and Daved Grigory ; 
for non-performance of an agreement; dated, Oct. 25, 1660; signed 
by Francis Johnson,* for the court ; and served by Joseph Dalla- 
ber,* constable of Marblehead. 

Writ : John Hathorne v. Robert Skiner ; debt ; dated, Oct. 10, 
1660 ; signed by William Longley,* for the court ; and served by 
Rich. Wayte,* marshal of Boston, who committed him to prison. 

Writ': Francis Usselton v. Cornelius Waldo; for not satisfying 
him for a parcel of wheat and swine he received of plaintiff ; dated, 
Oct. 9, 1660 ; signed by Daniel Denison,* for the court ; and served 
by Robert Lord,* marshal of Ipswich, by attachment of land lying 
about defendant's house. 

Writ : John Hathorne v. Thomas Looke ; debt ; for withholding 

•Autograph. 



1660] RECORDS AND FILES 261 

Henry Phelps, being bound to this court to answer a complaint 
for keeping company or in the house with his brother's wife, and 
appearing, was released of his bond. Upon further consideration 
and examination of some witnesses, which the court did not see 
meet for the present to bring forth in public, and the wife of 
Nicholas Phelps not appearing, said Phelps was bound to the next 
court at Salem. He was ordered meanwhile to keep from the 
company of his brother Nicolas Phelps' wife.* 



four pounds or a cow ; dated, Nov. 3, 1660; signed by William 
Longley,t for the court ; and served by William Bartram,t consta- 
ble of Lyn, by attachment of five pounds in the hands of John 
Lewis, which belonged to said Looke, and also ten acres of land. 

Writ : John Hathorne v. Thomas Looke and Joseph Armitage ; 
debt; dated, Nov. 3, 1660; signed by William Longley,t for the 
court; and served by William Bartrum,t constable of Lyn, by at- 
tachment of the dwelling house of defendant. 

Writ : Selectmen of Lyn v. Estate of Thomas Chadwell ; debt ; 
dated, 19 : 9 : 1660; signed by William Longley,t for the court; 
and served by William Bartrum,t constable of Lyn, by attachment 
of barn of defendant. 

Writ : John Northy v. John Brimblecome ; for taking away his 
collar from his mooring to the danger of his boat ; dated, Nov. 22, 
1660 ; signed by Francis Johnson,t for the court ; and served by 
Joseph Dallabar,t constable of Marblehead. 

Writ: Mary Codnor, widow v. Grigory Castell; for withholding a 
debt of 49s. 7d. ; dated, Nov. 20, 1660 ; signed by Pra. Johnson,t for 
the court ; and served by Joseph Dallaber,t constable of Marblehead. 

Writ : John Codnor v. John Northy ; trespass ; for mooring his 
boat on the plaintiff's mooring to the latter's great damage ; dated, 
22 : 9 : 1660 ; signed by Francis Johnson,t for the court ; and served 
by Joseph Dallaber,t constable of Marblehead. 

Venire to constable of Wenham, Oct. 23, 1660, for grandjury 
man, served by Jon. Dodg, jr.,t constable, who returned the name of 
Phinehas Piske for the grand jury, and Kichard Hutton for the 
jury of trials. Jon. Polin was chosen constable. 

Writ : Giles Barge v. Henry Muddle ; slander ; calling him_ base 
rogue and saying he could prove it ; dated, Sept. 25, 1660 ; signed 
by Robert Lord,t marshal of Ipswich ; and served by Anthony 
Day,t deputy marshal of Ipswich. 

Samuell Elwellf and Thomas (his mark) Jons, jr., of Glossester 
bound, Oct. 26, 1660, to Antony Day of Epswegh for Henery Mud- 
dell's appearance at next Salem court. Wit ; William Brownet and 
Thomas (his mark) Prince. 

*Henry Phelps, of Salem, was complained of at the county 

tAutograph. 



262 SALEM QUARTERLY COURT [NoV. 

John and Danyell Sothwick brought in a will* and an inven- 

court at Boston, July 31, 1660, for beating his son, John Phelps, 
and forcing him to work carrying dung and mending a hogshead 
on the Lord's day, also for intimacy with his brother's wife and for 
entertaining Quakers. It was ordered that John Phelps, the son, 
be given over to his uncle, Mr. Edmond Batter, to take care of him 
and place him out to some religious family as an apprentice, said 
Henry, the father, to pay to Mr. Batter what the boy's grand- 
mother left him, to be improved to said John Phelps' best advan- 
tage. Said Henry Phelps was ordered to give bond for his good 
behavior until the next Salem court, and especially not to be found 
in the company of Nicholas Phelps' wife, and to answer at that 
time concerning the entertaining of Quakers. Copy of judgment, 
made by Edward Rawson,t recorder. Sureties : Tho. Joy and 
Nicholas Phillips. Copy of bond, made by Edward Rawson,t re- 
corder. 

Henry Phelps bound for appearance at the next Salem court. 
Copy of Ipswich court record, made by Robert Lord,t cleric. 

*Will of Lawrence Sethick, late of Salem, " now at the house 
of Nathaniell Silvester on Shelter Island," dated, 10 : 5 : 1659, 
was proved 29 : 9 : 1660 : 

" First I giue and bequeath vnto my Sonne Daniell Sethwick my 
dwelling house at Salem w*** all the houses Orchards gardens & 
appurtenances. And Gyles Lott, Provided that John Burnell shall 
haue a house lott on the ground at the further end of the Orchard 
newly fenc't in. Item my will is That the lott w*^** I had of Jo- 
siah Sethick shall returne to him againe Item I giue vnto my 
Daughter Provided fifty pounds sterl to be payd out of y® stock of 
Cattle & horses &c Item I giue vnto John Sethick the lott next 
adioyning to his owne Item my will is That the great meadow 
w*''^ lyes at Ipswich river fenc't in shalbe divided betweene 
Daniell Setheck and John Burnell equally. Item I giue vnto 
Samuell Burton forty shillings. Itm I giue vnto John Burnell 
if he stand faythfull in the Truth 2 young steeres & y^ first mare 
foale Item I giue vnto Henry Traske Marshalls lott ioyning to his 
Orchard, Provided that Daniell may haue liberty to mow a load of 
Hay euery yeare therein Item I giue vnto Mary Trask my daugh- 
ter wife to Henry Traske Tenne pounds sterling I giue vnto Deb- 
orah Setchwick and young Josiah each of them fifty shillings 
sterling Item I giue vnto Ann Potter forty shillings in what shee 
thinks is beneficiall for her. I giue vnto Mary Trask daughter to 
Henry Traske one good serge suyt of clothes and vnto Sarah and 
Hannah Trask, each of them a suit of clothes I giue and be- 
queath vnto Samuell and Sarah John Sethicks children to each of 
them thirty shillings sterling. Furthermore my will is That Dan- 

tAutograph. 



1660] RECORDS AND FILES 263 

tory* of the estate of their father, Lawrence Sothwicke, deceased, 
with a certificate of the children's consent to the division, accord- 
ing to said will, all of which were allowed. 

Mr. Georg Corwin fined for not appearing to serve on the jury 
of trials, having been warned. 

Tho. Goldthwrite and Tho. Rootes, late constables of Salem, 
brought in their accounts for expenses during their service as con- 
stables, for " hughin cryes," sending several persons to prison, etc. 
The court allowed Tho. Golthwrite, 38s. 4d., and Tho. Rootes, 
Sli. 9s. 3d. 

Georg Keser had his fine of the last court respitted one-half, 
until the court took further order. 

Peeter Duncan was licensed to sell strong waters, as other shop- 
keepers who were licensed sold it. 

Mr. Gedney's licenses renewed for the year ensuing. 

William Bennet was allowed 2s. for witness fees in a present- 
ment. 

Servants of the house were allowed 6s. for their pains. 

Peeter Palfery formerly married Eliza, the wife of John Fayre- 



iell, my Sonne and Provided my daughter shall possesse and enioy 
all that w<"* remaynes of my estate after debts and legacies payd, 
and my will above-mentioned fulfilled equally to be diuided be- 
tweene them. So that Daniell may have that part w<=^ belongs to 
husbandry. Lastly my will ||is|| that in case my wife surviue me 
she shalbe my executrix, and keep all in possession during her life, 
and after her decease my will to be performed according as is aboue 
expressed ; And I doe ordayne William Robinson and Tho : Gard- 
iner to be overseers of this my last will and Testament." Lawrence 
(his mark) Sethick.J Wit: Nathaniell Sylvester,! Thomas Harrisf 
and Willm. Durand.f 

* Inventory of the estate of Lawrence Southick, taken by Wil- 
liam Robbinsont and Thomas Gardner if House and land adjoin- 
ing, 361i. ; 25 akers of Land in the north Neck, 201i. ; 4 Akers of 
medoe lying by Ipsige river, 121i. ; the Lott lying by John South- 
ick's, 61i. ; 4 Oxen, 261i. ; 3 Cowes, 141i. ; 3 young Cattle, lOli. 
10s. ; 2 Calves, Hi. 10s. ; a mare and horse, 281i. ; one horse, 91i. ; 
19 Swine, 201i. ; 8 Sheepe, 31i. 14s. ; one Cart and other Plowgeere, 
21i. 10s. ; 2 beds, 21i. ; 3 blankets. Hi. 16s. ; 3 sheets. Hi. ; 1 ketle, 
Hi. 8s. ; 1 Iron pott, 10s. ; Armes, Hi. ; a Table & Coberd, Hi. ; 1 
barel, 2s.; other Lumber, 10s.; total, 19611. 

tAutograph. 
JSeal. 



264 SALEM QUARTERLY COURT [NoV^ 

feild, deceased, who was tlien possessed of that estate that her 
husband Fairefeild left. When she married said Palfery, she did 
not give bond for security of the children's portions, according to 
the will of her deceased husband, by which the children were not 
to have their several portions until Benjamin, the youngest^ 
reached the age of twenty years. Said Palfry desired to be re- 
leased from the charge of said estate. The court ordered, Palfery 
and the children, Walter, John and Benjamin being present, that,, 
notwithstanding there were some things in the will difficult to be 
understood, all housing and land of said Fairefeild mentioned in 
the will should be equally divided among the children, all parties 
having consented. Palfery was further ordered to pay out of the 
goods that he had with his wife, Eliza Fairefeild, to the value of 
40s. to Walter, the eldest son, which was to be understood to b& 
more than about 31i. which he formerly received of said Palfery. 
John Fairefeild, the second son, being under age, chose his broth- 
er, Walter, to be his guardian, and Benjamin, being about fourteen 
years of age, chose his father-in-law, said Palfery, as guardian, and 
agreed to live with him until he reached the age of twenty years,. 
Palfery teaching him to read and write. 

Bill of presentments, brought into court, 26 : 4 : 1660, and now 
appearing, were adjudged as follows : 

Elizabeth Kitchin, the wife of Anthony Needham, and the wif& 
of Georg Gardner were fined for twenty days' absence from the 
public ordinances ; Goodwife Buffum, the wife of Jon. Sothwick, 
and John Smale, for twenty-six days' absence; the wife of Sam- 
uell Shattock, for twelve days' absence, and Danyell Sothwick, for 
thirty days' absence. Summons served, June 27, 1660, by Tho. 
Eoots, constable of Salem. 

The wife of Kobert Stone was convicted of frequently absent- 
ing herself from public worship ; and the wife of John Smale, 
the wife of Phillip Veren, John Burten and Jon. Hill, being pre- 
sented for the same offence, and not proved against them, were 
dismissed. 

Jon. Smale, jr., being presented for saying that Mr. Higgiuson 
preached damnable lies, which could not be proved, was dismissed.* 

* Wit : Isack Cook and Hewgh Johnes. Summons served June 
28, 1660, by Tho. Rootsj and Tho. Gouldthyte,t constables of 

tAutograph. 



1660] BECORDS AND FILES 



265 



James Bede was fined, upon his presentment, for being drunk.* 
Writ : John Hathorne v. Edward Colcord ; debt for 6000 ft. 
of boards ; dated, May 1, 1661 ; signed by Will. Longly, for the 
court ; and served by Richard Wayte, marshal of Boston. Georg 

Halsell, surety. 



Salem, whose return stated that said Smale could not be found. 

Hugh Joanes and Isaack Cooke, aged upward of twenty years, 
deposed that about two months since, etc. Sworn in court, before 
Hilliard Veren,t cleric. 

*Wit : Mr. Roger Conant and his wife and Zachery Herricke. 
James Bedde was " marryed of late to the widdow Eliot." 

Bill of presentments, dated, Nov. 29, 1660, signed by Nathaniel 
Felton,t in the name of the rest : — 

Katherine, wife of Willyam Kinge, Sarah, wife of Robert Stone, 
Hanna, daughter of John Burton, Damaris, daughter of Joseph 
Pope, An, wife of Anthony Needham, Saml. Gaskin, John Smal, 
the wife of Josiah Suthwicke, Philip Veren and his wife, the wife 
of Nicholas Phelps, the wife of John Suthwicke, the wife 
of Richard Gardiner, the wife of George Gardiner, for frequent 
absence from the public ordinances. Wit : Henery Skerry, John 
Neale, Saml. Eburne and Nathaniel Eelton, jurors. Summons 
issued, 10 : 9 : 1660, to constable of Salem. 

John Smal, sr., Philip Veren, the wife of Robert Buffum, Saml. 
Gaskin, Daniel Suthwicke, Saml. Salmon, the wife of Mr. Thomas 
Gardiner, sr., and the wife of Richd. Gardiner, for assembling 
themselves at a Quaker meeting upon the Lord's day. Wit : Ed- 
ward Gaskin and John Bly. Summons issued, 10 : 9 : 1660, to 
constable of Salem. 

Nicholas De Cane, for living from his wife. Wit: Henery 
Herricke and Henery Skerry. 

Richard Midleton, for stealing a scarf from John Putnam's 
house. Wit : Bethiah, wife of Joseph Hutcheson. Also for 
stealing a bridle-bit from Mr. Gidne, and for his obstinate lying 
and denying the same. Wit : Richard Hutchison and John Put- 
nam. 

Venire to constable of Salem, 10 : 9 : 1660, for men for the 
grand jury and jury of trials, served by Benjamin Feltont and 
William Flint,t constables, who returned the following names for 
jury of trials : Mr. Jeorg Corwin, Tho. Puttman, Mr. John Gardner, 
Elias Mason, Isaack Williams, Tho. Bobbins and Robt. Lemon. 

Venire to constable of Lynn, Oct. 23, 1660, served by William 
Bartrum,t constable, who returned the names of Hue Burt, Mr. 
Reedinge, Mr. Adam Hawks and William Meriam, for the grand 
jury, and Ensigne Fuler, Mr. John Hathorne, Robert Burges, Al- 
len Bread, jr., and Theophilus Bally, for the jury of trials. 

tAutograph. 



266 IPSWICH QUARTERLY COURT [Mar. 

Court held at Ipswich, Mar. 26, 1661. 

Judges : Mr. Symon Brodstreet, Mr. Samuell Symonds, Major 
Genrll. Denison and Major Will. Hauthorne. 

Jury of trials : Mr. John Appleton, Edward Chapman, James 
How, Mr. James Chute, Will. Wyld, Abr. Tappan, John Poors, 
Eobert Addams, John Tod, Will. Boynton, John Mighill and 
Frances Pabody. 

Eenold Foster sworn constable for Ipswich for the year ensuing. 

Civil cases : — 

Sergt. Rich. Jacob v. William Averill. Forfeiture of a bond for 
non-performance of a covenant about a piece of building.* 

William Flint,t constable of Salem, returned the names of Lt. 
Tho. Lawthrope, Henry Herick, Henry Skery, Jno. Neale, Samll. 
Ebourne, Nath. Felton and Tho. Deacon, for the grand jury. 

*Writ, dated, Mar. 18, 1660, signed by Robert Lord,t for the 
court, and served by Robert Lord,t marshal, by attachment of a 
cow and the barn with all the ground thereabout. 

Contract made, Sept. 27, 1659, with William Averell,t carpenter, 
by Richard Jacob, both of Ipswich : Said Averell was to erect a 
building 18 feet square and 13 feet stud, to provide clapboards and 
shingles for the said building and to lay them ; to lay three floors 
with joist and board ; to " make 4 windows too stole windows of 
5 Lights apeece and to Claristory windows of 4 Lights apeece also 
a garret window to Casments betwene studs pertitions and dors to 
Close the Roms Compleat as allso to Remoue A Little Rome and 
Close it to his house and mak it tite betwene allso to make a table 
and frame of 12 or 14 foot Long and a joyned forme of 4 foot 
Long and a binch Behind the table." The amount paid was twelve 
pounds, and Averell agreed to have the work completed by the last 
of August. Said Jacob agreed to draw all the timber and board for 
the covering and to send convenient help to raise frens and and 
boards and nails. Said Averell was to make good all timber which 
was found defective through him, so as to have the house 
substantial. Wit : John Appletont and John (his mark) Gage. 

Thomas Whittered deposed that, being at work at Sargant 
Richerd Jacob's house the latter end of last summer, the latter 
hired deponent to hew a " grounsill" and mortice it, to put into the 
side of his old house which stood where the new house was to be 
set. The " grounsill" of the old house, he said, was rotten and the 
new sill had not been put in yet, though he worked by the day and 
was not engaged to put it in. *' The house as it then stood and 
still Remains is incapable of being Remoued as I conceive : I f urder 
Testify that the frame of the new house did not want much of 

t Autograph. 



1661] RECORDS AND FILES 267 

Thomas Hutcheson v. Tho. Marshall. Debt * 

Isaack Comings and William Evans, in behalf of the town of 
Topsfield V. Zacheous Gould. Trespass. For claiming a parcel 
of meadow belonging to the said town and carrying away the hay. 
Withdrawn.! 

being fitt to Raise when I was there att worke about the grounsill : 
also there was a considerable quantity of shingles and clapboard 
for covering then brought out and still piled up in sargant Jacobs 
yard done by william auerell as I am a wittnes of allso the celler that 
the ould house is to stand ouer is without sleepers open to this day." 
Sworn in Ipswich court, Mar. 26, 1661, before Robert Lord,]: clerk. 

William Goodhue testified that, going by William Avery's riot 
long since, Sergant Jacob asked Avery if he would not go on with 
his work, and he said that he would if Avery would come to new 
terms. Sworn in court, before Robert Lord,]: clerk. 

Thomas and Sammuell Jacob, aged about twenty and twenty-two 
years, sons of Richard Jacob, deposed that there was a sill ready 
for the old house, and the reason that it was not put in, was because 
the walls should not be broken down before the other house 
was ready to be set up. Sworn in Ipswich court. Mar. 26, 1661, 
before Robert Lord,]: clerk. 

Thomas Clarke, of Noddle's Illand, deposed that he cleft out for 
William Averell about 1200 clapboards and shingles in Richerd 
Jacobs' yard, about the time the jurymen were chosen for last Sep- 
tember court, some of which clapboard stuff was brought home to 
Sarg. Jacobs' house while he was there at work. Sworn before 
Robert Lord, J clerk. 

*Writ: Thomas Hutchinson v. Thomas Marshall, carpenter; 
debt; dated, Dec. 13, 1660; signed by William Longley,1: for the 
court; and served by Jonathan Hudson,] constable of Line, by 
attachment of a stack of wheat. Said Hudson read the attachment 
to Thomas Marshall's wife in their dwelling house, and on Mar. 
24, 1660-61, Marshall himself was notified. 

Thomas Hutchingson's bill of costs. Hi. 8s. lid. 

Acknowledgment of Thomas Marshall] of Lyn to Thomas 
Hutchinson of Lyn, dated, July 1, 1659, of a debt of 31i. 7s. 6d., 
part in wheat and part in pork, at price current, to be deliv- 
ered at Mr. Shaefe's house in Boston on Sept. 29, 1659. Wit : 
Rebekah Hawkes.J 

fZacheas Gould's bill of charges, to summoning Wm. Howard, 
witness from Boston, and one from New Medowes, Hi. lis. 8d. 

Copy of Topsfield town records, 22 : 12 : 1660, in which it was 
voted to authorize Isack Cumings, sr., and William Evens to 
prosecute against Zacheas Gould, Thomas Browning and William 

JAutograph. 



268 IPSWICH QUARTERLY COURT [Mar^ 

Isaack Coinings and William Evans, in behalf of tlie town of 
Topsfield V. Thomas Browneing. Trespass. For possessing and 
fencing a parcel of meadow belonging to the said town, mowing; 
grass and carrying away hay for several years. Withdrawn. 

Isaack Comings and William Evans, in behalf of the town of 
Topsfield V. Will. Towne. Trespass. For detaining a parcel of 
meadow, etc. Withdrawn.* 

William Longley v. Henry CoUings and John Hathorne, in be- 
half of the town of Lyn. For withholding and not laying out 
forty acres of land, which was his equal proportion as an inhabi- 
tant according to the division made in 1638. Verdict for plaintiff,, 
401i., or to lay him out forty acres together in some convenient 
place within the limits of Lynn by June first next, as adjudged by 

Towne to recover the meadow, etc. Copy made by John Reding- 
ton,t clerk. 

Zacheas Gould, aged seventy -two years, deposed that at a meet- 
ing at Topsfield many years before, Willm. Howard, then liviug^ 
at Topsfield, asked them to grant him a parcel of land lying near 
the farm house of Mr. Willm. Paine on the south side of the river, 
which was accordingly granted to Wm. Howard and Wolter Rop^ 
per. Said Howard was ordered to lay out the land, which he did, 
and made return to the town, and it was so entered in the town 
book. If any of this land should fall within Salem bounds, the 
town of Topsfield was not to make that good. Sworn in Ipswich, 
court. Mar. 26, 1661, before Robert Lord,t clerk. 

Wolter Ropper, aged about forty-eight years, and Willm. Howard, 
aged about fifty-two years, deposed, Mar. 28, 1661, that some 
little time after the village of Topsfield was made a township by 
the General Court, Willm. Howard, then of Topsfield, asked at a 
lawful meeting for a nook or point of land that laid against the 
farm house and part of the farm that the said Howard bought of 
Mr. Wm. Paine. It was to begin where the river turned in toward 
Paine's farm, and to run over the point of upland called Salem 
meadow, which part was then in possession of said Howard, upon 
a straight line as near as might be so as to take in said Salem 
meadow. If the town saw fit to lay out a highway through said 
land, that this grant should not hinder. This grant also included 
the two acres of meadow that Willm. Towne bought of Mr. Paine 
and eight acres of meadow in the hands of Thomas Browning. 
The book in which the record was kept, the inhabitants of Tops- 
field now say was burned when John Redington's house was burned. 
Sworn in Ipswich court. Mar. 26, 1661, before Robert Lord,t clerk. 

*Wm. Town's bill of charges, Hi. lis. 6d. 

tAutograph. 



1661] RECORDS AND FILES 269 

men to be appointed by the court. Court appointed Corpll. Tho. 
Puttman, Sergt. Porter and Thomas [Ed.— Waste Book.'] Flint to 
lay it out.* 



*Writ, dated, Mar. 4, 1660-61, signed by Willm. Cowdrey,t for 
the court, and served by Jonathan Hudson ,t constable of Lin. 

Clement Coldham of Gloster deposed that he had known Wil- 
liam Longley to have been an inhabitant of Lin for about twenty- 
three years, and shortly after he came, there was a grant and dis- 
tribution of land proportionate to all the householders ; also that 
about twelve years since, said Longley, in deponent's hearing, 
demanded his portion of land to a former grant, at a general town 
meeting. Some present answered that if Longley could prove the 
land was granted to him, he should have it. Some agreed that there 
was land granted to Kichard Langley but none to William Longley. 
Deponent was an inhabitant of Linn before Longley came and for 
many years after, and affirmed that the said Longley was for many 
years called Langley and not Longley and was frequently called so 
to this day. Deponent knew of no inhabitants of Linn called by 
the name of Langley or Longley but only this William Longley 
and his family. Sworn in Ipswich court, Mar. 26, 1661, before 
Robert Lord,! clerk. 

Hugh Burt, aged seventy years, deposed that he had been an 
inhabitant of Linn for abovit twenty-five years, and when the dis- 
tribution of lands was made, about twenty-three years before, said 
Longley purchased a house and land there and paid to all public 
charges as the others ; that Longley was commonly called Langley, 
and that he had been recorded in the town book as Richard Lang- 
ley, on which account the meeting twelve years before had refused 
to grant said Longley the land. Sworn in court. 

Joseph Armitage, aged about sixty years, deposed that, in the 
division of lands, he and his brother Godfrey Armitage had given 
to them four score acres. Deponent sold it about twenty-one years 
ago for fifteen pounds in gold. The thirty or forty acre lots in 
Lyn village were worth and sold for 20s, per acre. Sworn in 
court. 

Andrew Mansfeild, aged about thirty- eight years, testified that 
he had been an inhabitant of Lynn about twenty-two or three 
years, having come the same year as said Longley, etc. Sworn in 
court. 

William Longley 's bill of costs, 31i. 

Andrew Mansfield, aged about thirty years, and Hugh Burt 
testified that the thirty and forty acre lots in Lynn village, which 
were given by the town of Lynn at the same time that the forty 

tAutograph. 



270 IPSWICH QUARTERLY COURT [Mar. 

Capt. Thomas Savage v. Mr. Oliver Purchase and Mr. John 
Paine. For withholding and refusing to deliver him possession of 

acres now in question were given, in their judgment were worth at 
least 20s. per acre. Sworn in court. 

Copy of the distribution of the land in Lynn, in 1638, paper 
addressed " For William Langlye" : To ye right hour, ye Lord 
Brooks, 800 acres ; Mr. Tho. Willis, upland and medow, 500 acres ; 
Mr. Edward Holliocke, upland & medowe, 500 acres ; Henry Col- 
lins, upland & medow, 80 acres & ten ; Mr. Flood, upland & med- 
owe, 60 acres & tenn ; Edward & Frans. Ingalls, upland & medowe, 
120 acres ; widdow Ban craft, 100 acres ; widdow Hammon, 60 acres ; 
George Burrall, 200 acres ; John Wood, 100 acres; Tho. Talmage, 
200 acres & tenn ; Nicholas Browne, 200 acres & tenn ; William 
Cowdrye, 60 acres & tenn ; Tho. Laugh ton, 60 acres & tenn ; John 
Cooper, 200 acres & tenn ; Allin Bread, 200 acres ; John Poole, 200 
acres ; Edward How, 200 acres & tenn ; Tho. Seyars, 60 acres ; Job 

Seyers, 60 acres ; Tho. Chadwell, 60 acres ; Walton, 60 acres ; 

Christopher Foster, 60 acres ; Will. Ballord, 60 acres ; Josias 
Stanboughroh, 100 acres ; Edmond Farrington, 200 acres ; Nicholas 
Potter, 600 acres ; Will. Knight, 60 acres ; Edward Tomlins, 200 

acres & twenty ; South, 100 acres ; Bonef ace Burton, 60 acres ; 

John Smith, 60 acres ; Mr. Edward Howell, 500 acres ; Nicholas 
Battye, 60 acres ; Mr. Sadler, 200 acres and the Rock by his house ; 
Joseph Armitage, 60 acres ; Godfry Armitage, 20 acres ; Mathew 
West, upland & meadow, 30 acres & tenn ; George Farr, 30 acres & 
tenn ; James Bowtwell, 60 acres ; Zachary Fitch, 30 acres & tenn ; 
Jerrerd Spencer, 30 acres, Jynkin Daves, 30 acres & tenn ; Georg 

Taylor, 30 acres & tenn ; Thorne, 30 acres & tenn ; Thomas 

Townsend, 60 acres ; Tho. Parker, 30 acres & tenn ; Francis Light- 
foote, 30 acres & tenn ; Richard Johnson, 30 acres & tenn ; Robert 
Parson, 30 acres & tenn; Edward Burchum, 30 acres & tenn; An- 
thonye Newill, 30 acres ; Tho. Newill, 30 acres ; Tho. Marshall, 30 
acres & tenn ; Micaell Spenser, 30 acres ; Timothy Tomlins, 80 

acres ; Harker, 20 acres, of this sould to ye Towne, 10 acres 

next ye towne, for three shillings ; Richard Rooton, 60 acres ; 

Handford, 20 acres ; Thomas Hudson, 60 acres ; Thomas Halsye, 
100 acres ; Samuell Bennitt, 20 acres ; John Elderkin, 20 acres ; 
Abraham Beltnap, 40 acres ; Robert Driver, 20 acres ; Joseph Red- 
nap, 40 acres ; Deakin, 10 acres; Phillip Kirtland, sr., 10 

acres j Phillip Kirtland, jr., 10 acres ; Crofte, 10 acres ; Hugh 

Burt, 60 acres ; Wathin, 10 acres ; Richard Brooks, 10 acres ; 

Francis Godson, 30 acres ; George Welbye, ; Will. Partridge, 

upland, 10 acres ; Henrye Gaines, 40 acres ; Richard Wells, 10 

acres ; Pell, 10 acres ; John White, 20 acres ; Edward Baker, 

40 acres ; James Axey, 40 acres, Will. Edmonds, 10 acres, Edward 
Ireson, 10 acres ; Jeremy How, 20 acres ; Will. Gouge, 20 acres, 



1661] RECORDS AND FILES 271 

the Iron works, stock and appurtenances, which he recovered by a 
judgment of court, etc. Withdrawn.* 



Nathaniell Whiteinge, 10 acres ; George Fraile, 10 acres ; Edward 
Bridges, 10 acres ; Richard Langlye, 40 acres ; Tho. Talmage, jr., 
20 acres ; Tho. Coldrum, 60 acres ; Adam Hauks, upland, 100 
acres ; Thomas Dexter, 850 acres ; Daniell How, upland and med- 
owe, 60 acres ; Richard Walker, upland & medow, 200 acres ; 
Ephraim How, next to the Land of his father, upland, 10 acres ; 
Ivorye, 10 acres ; Timothye Cooper, 10 acres ; Samll. Hutch- 
inson, 10 acres, by estimation ; Mr. Samuell Whiteinge, the pastor, 
200 acres ; Mr. Thomas Cobit, the Teacher, 200 acres. Copy taken 
from the town book of the records of Lynn, 10 : 1 : 1659-60, by 
Andrew Mansfeild,t town recorder. 

*Copy of the inventory of the estate of Wm. Paine of Boston, 
merchant, appraised by Hen. Shrimpton, Joshua Scottow and John 
Richards, and allowed in court at Boston, Nov. 14, 1660, upon oath 
of Mr. John Paine, his son : In the warehouse Chamber, 4 peeces 
white Trading cloath, 421i. ; 39 yrds. blew trading cloath, 91i. 15s. ; 

5 1-4 1-8 yrds white trading cloath, Hi. 4s. 2d. ; 4 Bales nowells, 2 
Bales pantozells, 1 Bale fine sheeting, 2 1-2 Bales of broad, 4 
peeces Kentings, half Bale napkening, 23211. 16s. 2d. ; 2 Bales 
nowells Cont. 6 poanles, 431i. 6s. 8d. ; 5 ps. villaranes cont., 70 1-2, 
35 1-4, 23, 11 1-2 and 21 3-4 yds., in all 162 yds. at 21d. p., 1411. 
3s. 6d. ; 5 peeces Renting, 44 1-4 yds. at 2s. 3d. p., 41i. 19s. 6d. ; 
120 yrds. Humains, 123 yrds. Humanes, 123 yrds. Humanes, 99 1-4 
Humanes, 342 1-2 yrds. at iSd., 251i. 13s. 4 l-2d. ; 3 Ruggs, 61i. 
15s. ; 2 Barrells bate, 121i. powder, 91i. ; 4 peeces searge, 161i. ; 1 
ps. carsey, 20 1-2 yrds., 41i. 2s. ; 1 ps. more. No. 2, 51i. ; 11 yrds. 5-8 
of carsy at 5s. 6d., 31i. 4s. ; 6 3-4 of carsey at 7s., 21i. 7s. 3d. ; 3 3-4 
of carsey at 4s., 15s.; 8 peeces wt. calleco at 14s., 51i. 12s. ; 50 1-2 
yrds. broad dowlas at 2s., 51i. Is.; 23 1-2 dowlas at 21d., 21i. Is.; 
3 1-8 of locrum at 16d., 4s. 2d. ; 12 of blew calleco at 18d., 18s. ; 
1 ps. blew calleco at 20s., Hi. ; 4 1-2 yds. searge at 4s., 18s. ; 4 1-2 
yrd. red broad cloth at 8s., Hi. 16s. ; 3 yrds, 3 nailes broad cloath at 
16s., 21i. lis. ; 8 yrds. 3-4 red carsey at 6s., 21i. 10s. 3d. ; 2 1-4 red 
at 3s. 6d., 7s. lOd. ; 9 3-4 1-8 peneston at 2s. lOd., Hi. 8s. ; 12 3-8 
Role cotton at 2s. 3d., Hi. 19s. ; 8 pr. Irish stockens at 18d., 12s. ; 
8 1-2 narrow blew linen at 13d., 9s. 2d. ; 3 1-4 broade blew linen 
at 20d., 5s. 5d. ; 23 1-2 broad blew linen at 2s., 21i. 7s. ; 2 pr, 
Stockens, 5s. 6d. ; 5 pr. bodeys at 4s., Hi. ; 1 groace of silver coat 

6 other buttens with Riboniug & lace, 301i. 16s. lid. ; 2 yrds. hol- 
land at 6s., 12s. ; 17 1-2 of east cloath, 8s.; 31 halfe linds at 14d., 
Hi. 16s. 2d. ; 5 ham bourough linds at 2s., 10s. ; 5 knotts of housing 
at 4d., Is. ; 5 1-4 vittery at 14d., 6s. Id. ; 10 parchmen skins, 1 
trunk, 20 bookes, of wax candle. Hi. 10s. ; 58 reame of 

tAutograph. 



272 IPSWICH QUARTERLY COURT [Mar. 

paper at 7s., 201i. 6s. ; 4 baggs cotten wooll, 55011. at 5d., llli. 
9s. 2d. ; 7111. hopps at 4d., 111. 3s. 8d. ; 200 hhs. salt at lis., 11011. ; 
Remant Eatllng, 2s. ; pcell bookes, 211. 

In the lower roome : 2 Balles nowells, 4311. 6s. 8d. ; 1 bagg hopps, 
111. 13s. 4d. ; 611. rod Iron at 2s., 811. 8s. ; 2 Bushells wheat, 19s. 6d. ; 
sllkware In 2 boxes, 3111. 14s.; 3 bate naile of Turky Gregrum, 
10s. ; 2 yrds. broad cheny & remant of Satten, 7s. ; 211. 11 silk, 
311. ; 111. 1-2 fringe & muccado ends, 7s. ; 2 3-4 soft wax, 2s. ; 5 1-2 
Butts thread, 14s. ; 13 yrds. old fashion lace, 2s. ; 20 yrds. wt. 
calllco, 22 laces, 2 1-2 doz, poynts, 111. Is. ; 8 doz. short laces, 2 
doz. 3-4 long, 18s.; 13 oz. Coventry tbred, 4s.; 111. cource wt. 
thred, 6s. ; 1-2 11. whlted Browne, 2s. ; 311. colloured thred, 9s. ; 411. 
black & browne, 211. 2s. ; 12 Hatts, 10 bands, 311, ; 20 browne hol- 
land, 211. 10s. ; 18 1-2 yrds. Humanes, 18d., 111. 7s. 9d. ; 83 3-4 pan- 
tolanes, 411. 3s. 9d. ; 41 1-4 yrds. vlttery at 14d., 211. 10s. 6d. ; 26 1-2 
poledavy at 18d., 111. 19s. 9d. ; 30 3-4 nowells at 16d., 211. Is. ; 
5 3-4 locrum at 18d., 8s. 7d. ; 36 locrum at 18d., 111. 19s. ; 8 3-4 1-8 
blew linen at 14d., 10s. Id. ; 30 yrds. sacking at 9d.,lll. 2s. ; 221 1-4 
yrds. Cotten cloath at 2s. 4d., 2511. 16s. 3d. ; 8 yrds. greene Cotten 
at 14d., 9s. 4d. ; 18 of wt. cotten at Is., 18s. ; 24 Irish, 12s. ; 3 
Remnants boultlng, 2s. ; 311. suger, 311. 15s. ; 1 Tire for wheeles & 
old Iron, 311. ; 13 cart boxes & 311. In Iron walte, 211. 10s. ; Basketts, 
Rubstones, 15s. ; pcell of wt. salt, 12s. 6d. ; pcell of cards & old 
hops, 15s. ; a screw & 9 mose skins, 211. 10s. ; pll. of old rope & 
line, 10s. ; pcell of Cotten wooll, 5s. ; Barrell of Oatmeale, 111. 5s. ; 

2 Kettles, 3 spades, 1 pan & nalles, 211. 5s. ; 1 cutting saw, 6s. In 
the cellar : 30 hhds. mallasses at 311., 9011. ; 6 barrells macrell, 1 
halfe barrell, 711. 5s. ; 2 Iron bound hhds., 10s. In the other cellar : 

3 hhds. Rum, 3011. ; pcells of sower wine, 311. ; old cask, 10s. ; bea- 
ver, 4911., 2211. Is. ; beaver, 16011. at 18d., 1211. In the lentoo house 
end : 30 tunn salt at 40s., 6011. ; 4 sawes, 211. ; boultlng mill, beam 
board, 211. In the Iron house : 77 1-211. barr Iron at 20s., 4711. 
10s.; 5 3-411. cast backs at 15s., 411. 6s. 3d.; 11 1-211. Andirons at 
15s., 811. 12s. 6d. ; 9 3-411. potts & Kettles, 1211. 3s. 9d. ; 5 Iron 
skllletts, 13s. 6d. ; beames & scales, 111. 10s.; 39 1-211. cast waltes, 
2911. 12s. 6d. ; 85711. cotten wooll at 5d., 1711. 7s. Id. ; 377 of hopps 
at 4d., 611. 5s. 3d. ; 7 hhd. 3 butts suger, 6511. ; 2 qt. fish. 111. 4s. ; 
1 firkin butter, 1 soape, 211. ; 5 11. bate, 811. barr Iron, 411. 18s. 

In the yard : 28 tun pact cask, 911. 16s. ; 7 1-2 hhds. lime, 111. 
13s. 9d. ; 6000 plpestaves at 411., 2411.; 1400 boards, 5s. 6d., 311. 17s. ; 
12000 Rotlln, 411. In the dwelling house : 10 1-2 yrds. sacking & 
canvas, 7s. lOd. ; 2 1-4 cloth rash at 6, 13s. 6d. ; 9 bate nalle of 
dowlas at 2s., 17s. lOd. ; yrd. narrow taffety, 6s. ; 4 1-2 liver col- 
loured searge, 18s. ; 1 groace 4 1-2 doz. hookes & eyas, 2s. 6d. ; 2 yrds. 
blew Trads cloath, 10s. At Mr. Scottowes : 2 Bales nowalls, 4311. 
6s. 8d. ; 1 ps. pantossam, 511. ; 1 ps. sheeting, 611. 2s. 6d. At Mr. 
Broughton's : 3 butts 1 hhd. suger at 25s., 3511. ; 140 1-4 hhd. salt 
at lis Shoales, 7011. 2s. 6d. ; 20 hhs. at Mr. Parkers, at 10s., 1011. ; 1 



1661] RECORDS AND FILES 2*73 

hlid. Rum at Mr. Handsons, lOli. ; at Linn workes, 1 horse, lOli. ; 
at Capt. Johnsons, leather, 00 ; at Mr. Buttolls, leather, 00 ; at 
Capt. Clearkes, an Anchor, Hi. 10s. ; Adventure in Thrumboll to 
England, 49hhds. oyle, 5 M. 8C. 811i. Gotten neate, 12 qt. fish, 2891i. 
7s. 5d. ; To Jamaco & p left in Jamaco before p Adam West- 
gage, 521i. 12s. The house more : 3 Satten dobletts, 1 tafEety cloak, 
41i.; money, 51i. lis. 9d. ; 2 gold rings, 21i. ; 1 1-2 C. wt. suger at 
4, 61i. ; 3-4 of cast ware at workes, lOOli. ; 3-4 stock of sow Iron & 
coals, 4501i. ; 3-4 of ye workes at hamersmith & Brantree, SOOli. ; 
Dwelling house, warehouses & apprtenances at Bostone, 4001i. ; 
watertowne mill house, land & apprtenances, ISOli.; 1-2 mill at 
exeter & halfe of the prvilidge of mill & land, 401i. Household stuff 
& is in the cellar under ye Hall : 1 Iron Trivett & Tramell, 1 barr 
& 2 Cobbe Irons, 1 fire shovell, 1 Ketle, 2 brass pans, 1 Copper 
Kettle, 1 brass skillett, 1 flagon, 20 old dishes, 1 Iron pott, 1 
spitt, 1 pr. bellowes, skimer, 31i. 19s. 6d, In the Hall : 1 pr. Iron 
Andirons, 1 pr. tonges, lis. 6d. more ; one Cubord, 15s. ; 1 Ta- 
bell & carpett, 2s., 4 leather, 2 other chairs, Hi. 5s., 1 setle, 4 
stooles, a cushion, 14s., 1 clock, 21i., 71i. 5s. 6d. In the little roome : 

1 Bedsteed & curtaine, one bed, one boulster, 1 rugg, 3 blanketts, 1 
pr. sheets, 4 table cloath, 8 naptkins, 1 pewter dish & one bason, 
one salt, 2 brass candlestickes, 1 ladle, 1 warming pan, fire pan, 
20s., 1 basket, 1 chaire, 1 cushion, 71i. 4s. 

In the other little roome : One bedsteed, curtaines, fether bed, 3 
blanketts, 1 coverled, 2 bolsters, 3 pillowes, a trundle bedsteed, a 
fether bed, pr. of sheetes, coverled, bolster. Tables & chaires, 8 
Cushions, 1 Joint stoole, 3 pewter dishes, 1 salt, 1 Brass skillett, 1 
skimmer, 1 pan, 1 seive, 1 Bible, llli. 7s. 6d. One silver Candle- 
stick, 1 Tankard, one beere boale, 2 wine cupps, one dram cupp, 6 
spoones, 171i. ; 1 brass scillett, 1 pewter dish & bason, 2 brass Can- 
dlestickes, Joynt stooles, one Tramell, 1 Ketle, 1 sive, shovell, 1 
back, 2 Cob Irons & dripping pan, Hi. 15s. In the clossett : 13 
pewter platters, 2 py plates, 6 smale plates, 5 saucers, 1 pewter & 

2 brass candlesticks, 1 urin botle & 1 bed pan, 12 earthern dishes, 

2 pudden pans, 51i. 10s. 6d. In the hall chamber : One bedsteed, 
Curtaines & vallens of red searge, 1 fether bed, 2 bolsters, 2 pil- 
lowes, 3 blanketts, 1 tapestry Cuverled, lOli. ; 2 Cubberts, 2 Cub- 
bert cloathes, 1 table, 4 red stooles, 2 red cloath chaires with fringe, 

3 leather chaires, 21i. 15s. ; 1 great chaire, 7 picheres, 10s., one pr. 
brass Andirons, one back, 3s., 81i. 5s. ; 6 cushions & 1 pc. of carpet- 
ing & old vallens at Hi. 4s. ; one Trunk, 8s. ; one chest, 8s., 21i. 
Within the trunk & chest & in the hall chamber : 7 pr. sheetes, 4 
diapr. table cloathes, 2 plaine, 9 pillow beers, 4 Cubbert cloathes, 2 
napkins, 1 tapestry coverled, 2 darnick carpetts, 2 pr. sheets, 7 
damask naptkins, 2 short diaper table cloathes, 3 pillow beers, 26 
diaper naptkins, 14 plaine naptkins, one red rugg, 211i. 18s. In the 
Garrett : One Rugg, three blanketts, one flock bed, 1 Coverlett, one 
bolster, one blankett, 31i. 7s. ; money, 1231i. 14s. ; In vessells, 



274 IPSWICH QUAKTERLT COURT [Mar. 

Mr. Edmond Batter v. John Pryd. Debt. Withdrawn. 

John Godfry v. Edward Clarke. Debt. For one-half of a bond. 
The jury found that there were 21 bushels, 1 peck and 1-2 of 
wheat, and 17 bushels, 3 pecks due to Godfry, but no cause of 
action. Verdict for defendant.* 

Mr. Kich. Dummer v. Daniell Grasier. For non-payment of an 
award made by John Whipple and Kobert Lord.f 

2001i. ; total, 4,2391i. lis. 5d. Due to the estate : In debts accotd. 
as certaine, l,5001i. ; as doubtfull, 70011. ; stand in the book yett 
acctd. of as utterly lost & desperatt, 83611. 6s. 2d. Debts due from 
the estate, 150011. Copied from a copy made by Isaack Addington^ 
clerk of Suffolk court, by Hilliard Veren,^ cleric. 

*John Griffin, aged twenty years, testified that, being in the 
house of Edward Clarke the first of March, John Godfrey came in 
and said he had been at Goodman Singletree's and had promised a 
tub to put the Indian corn in ; that the tub lay on the floor in 
Edward Clarke's house. Clarke asked Godfrey if he would own 
that he had received the corn, and the latter replied, " What need 
any more words of that, there hath beene enough said already.'^ 
Clark told him that if he would not own it, he would carry it down 
to the landing place according to his covenant. Godfrey then 
agreed to accept it, and said that all the corn that lay there was 
his, and asked said Clarke to allow it to remain at the latter's 
house a week or a fortnight. Godfrey agreed also to stand the 
venture of the corn in case of danger from fire. Deponent also 
testified that said Godfrey bade Edward Clark carry the corn to 
Goodman Singletree's and put it into his tub. Samuel Lumas alsa 
testified to the substance of the foregoing. Sworn in court. 

Job Tiler deposed, Mar. 22, 1660-61, that he was with John 
Godfrey at Clarke's house at Haverhill, when Godfrey demanded 
the wheat due by bond, and said Clarke told him to take the corn as^ 
part of the bond, and he would pay him. Clarke had a sealed half 
bushel in his hand, and said he would measure it, but did not. He 
spread a blanket, but measured no corn. They were at Clarke's 
house three-quarters of an hour and saw corn in three hogsheads. 
Upon Clark's denial of the bond, John Godfrey served a warrant 
upon him and then went his way. John Godfrey deposed the same. 

Edward Clark's bill of cost, Hi. 9s. lOd. 

Bond of Edward Clarke | of Haverhill to John Godfrey of An- 
dover, dated, Apr. 6, 1660, for 161i. 2s., to be paid in two lots, each 
containing twenty-one bushels and one peck of wheat, and seventeen 
bushels and three pecks of Indian corn, to be delivered at the landing 
place at Haverhill. "Wit: Kobert LordJ and Theophilus Wilson. J 

fHobert LordJ and John Whipple, t arbitrators appointed to 

I Autograph. 



1661] BECORDS AND FILES 276 

Lift. Samuell Appleton acknowledged satisfaction in reference 
to a bond in court of the portion of Mary Oliver, now his wife, and 
William Garish was discharged. 

Mr. John Paine v. Capt. Tho. Savage. Trespass. For seizing 
his estate illegally, which was then released by virtue of a replevin 
to be prosecuted at the next court. By consent of both parties 
Capt. Savage promised to save Mr. Paine harmless from the bond 
to prosecute his replevin and withdrew his action. 

William Buckley v. Thamar Quilter. For harboring and with- 
holding his apprentice from him. Verdict for plaintiff, the boy to 
be returned.* 

settle the differences between Mr. Kichard Dummer and Daniell 
Grazier, gave their award, on Nov. 24, 1660, as follows: They 
found that there was a bargain between them for the said Daniell 
to build a house, break up land and hold it ten years, to have the 
ground four years for the fencing and breaking up, etc. ; that Mr. 
Dummer let the said Daniell have a cow and calf at four pounds, 
ten shillings, for the building of a house, and at the end of ten 
years to be appraised, and if they were then worth more, Mr. Dumer 
was to allow it, and if less, said Daniell was to pay back. They 
awarded that Daniell should either hold his bargain the term out 
or else pay back to Mr. Dummer the four pounds, ten shillings ; that 
he should pay to Mr. Dummer a debt of forty-four shillings, six 
pence ; and as for the other thirty shillings which, it was alleged, 
his wife promised to pay for the time she went away before her 
time was out that was agreed upon when Mr. Dummer sold her to 
Henry Short, if Mr. Dummer can get testimony of such promise 
before Dec. 3, the said Daniell should pay to Mr. Dummer thirty 
shillings more. Mr. Dummer produced the necessary testimony. 

Mr. Dummer's bill of costs, lli. 3d. 

Corpall. John Whipple and Robert Lord deposed concerning the 
arbitration, etc. Sworn in court. 

*Writ, dated, Mar. 16, 1660, signed by Eobert Lord,t for the 
court, and served by Robert Lord,t marshal, by attachment of a. 
parcel of land of the widow Quillter. 

William Buckley's bill of costs, 20s. lOd. 

Thomas Kemball, aged about twenty- six years, deposed that he 
was at William Buckly's house and heard the latter and Mr. Crosby 
talking as to whether Joseph Queltor should go to Rouly. Goody 
Quelter was present and desired that he should rather go with her 
to her own house that she might look after him herself. 

Temothy Johnsonn, aged about seventeen years, deposed that he 
lived in the house with Joseph Quelter and heard the latter's mother 

tAutograph. 



276 IPSWICH QUARTERLY COURT [Mar. 

Eobert Dutch v. Shoreborne Willson. Assault and battery. For 
abusing his wife in his own house, throwing her down, striking her 
and abusing her with his tongue, and also for abusing her children. 
Withdrawn. 

Copy of Salem court record of 27 : 9 : 1660, Mr. Edmond Batter 
V. Frances Ursellton. Debt. Defendant was not of this jurisdic- 
tion and judgment respitted. Copy made by Hilyard Veren, clerk. 
This court granted judgment to Mr. Edmond Batter, who bound 
himself to repay, if Frances Ursellton came within the year. 



complain that she was very weary and spent with going so often to 
his house to look after her son, it being so far, and desired that he 
go to her house, etc. 

Thamer Quilter's petition to the Ipswich court : Thamar Quilter, 
" being a poore || widdow || and haueing an only sonn left me by 
my Husband being desirous he might haue a trade was willing to 
put him apprentice for that end, unto William Buckley of Ipswich 
who hath kept him, while he was serviceable (tho not Impued him 
to the trade as he ought to haue done) but when by pvidence It fell 
out soe that he was made unserviceable to him, as he expressed 
himself e soe to apprehend him ; after I had beene helpfull to him 
at his house about three weeke untill I fell soe 111 that I could not 
longer tend him, In w^h tyme I observed his master to be soe 
harsh to him (tho the boy as is well knowne was in great extremy- 
tye) that greeved me to the harte who as was ap^'hended (by some 
of good account in Towne) to be in great danger of his very life, 
by reason of the coldnes of the Eoome and bad lookeing unto, & he 
sayeing to some he could not keepe him brought him my sayd sonn 
in a tumbrill to my house & there left him, not Inquireing of me 
whether I would receive him, and Indeed upon some considdera- 
tions I was unwilling, yet being left in my house (tho : at that time 
very ill) had a mothers bowell yerneing toward my child, & did 
not turne him backe; feareing || he || might perish, and after he had 
left him did take such care of him as that in all his extremyty 
neither did come to see him or sent to see how how he did 1| nor 
brought or sent any thing to releeue him || about ten weekes, but 
when he heard he was mending then came to demand him severall 
times, but never tendering || anything in || satisefaction for the 
charge & paynes I had been at with him & his legg not being well 
I much feared if he returned, it myght soone be as bad as before, 
men of skill alsoe thinkeing to sitt to his trade by reson of humors 
falling downe it would not be for his health. And our Eldars being 
together could not pswad him (from sueing) to refer the case to 
Indiferent men." She also declared that Buckley had broken his 
covenant by not teaching him the trade and by returning him to her. 



1661] RECORDS AND FILES 277 

Nicolas Marble v. Corpall. John Andrews. Debt. 

John Godfry v. Abraham Whittaker. For not delivering a 
pair of oxen about three years since, according to agreement. 
Nonsuited.* 

John Godfry v. Abraham Whitaker. Debt. For twenty-six 
bushels of wheat. Nonsuited.f 

John Godfry v. Edward Clarke. Debt. For several parcels of 
cloth he had of plaintiff. Nonsuited. $ 

Joseph Armitage v. Thomas Looke. Debt. Due by bond, as- 
signed by Jonathan Hudson. § 

♦Abraham Whiteckers bill of costs, 15s. 

Edward Yeamons of Haverill testified that about three years 
since, he heard Abraham Whitaker promise John Godfry a pair 
of oxen, to be delivered within three weeks, and that they were due 
to said Godfrey for debt. Sworn, 22 : 1 : 1660, before Simon 
Bradstreet.il 

Job Tiler, aged about forty years, and Moses Tiler, aged about 
nineteen years, deposed the same as the foregoing. Sworn, Jan. 15, 
1660, before Daniel Denison.|| 

Goodwife Tyler of Andover, aged about forty years, deposed the 
same. Sworn, 26: 12 : 1660, before Simon Bradstreet. || 

Abraham Whiticker's bill of costs, 17s. 6d. 

fSummons to Job Tyler to appear in this case, dated, Mar. 17, 
1660, and signed by Edward Eawkner,|| for the court. 

John (his mark) Godfrey of Andover acquitted Abraham Whiti- 
cher and his sureties on 5 : 9 : 1659, as follows : — For pay for a 
yoke of oxen, which were granted to said Godfrey by judgment of 
the Ipswich court in the spring of 1657 ; concerning the second and 
third payments for the yoke of oxen, Heenry Palmer and Abraham 
Whitacker were acquitted ; concerning thirty-one bushels of wheat 
granted by judgment of Salem court against said Whiticker and his 
surety, Edward Clark ; concerning five bushels of wheat, which was 
on the back side of a bond that Hugh Sharret was surety for, etc. 
Wit: Jno. Viall|| and John Ferniside,|| who were sworn at Boston, 
Sept. 28, 1660, before Thomos Danforth.H 

JEdward Clark's bill of cost, taking the case out of Haverell 
court, etc., 21s. 

§Copy of Salem court record of 27 : 9 : 1660, in which Thomas 
Looke, defendant, forfeited his bond for non-appearance, in an 
action brought by Joseph Armitage, for debt, for wheeling nine 
hundred cords of wood, etc. Copy made by Hillyard Veren,]] cleric. 

Writ : Joseph Armitage V. Thomas Looke; debt due by bond, 
assigned by Jonathan Hudson, constable ; dated, Jan. 14, 1660 ; 

II Autograph. 



278 IPSWICH QUARTERLY COURT [Mar. 

Mr. John Baker v. Edward Colcord. Debt. Defaulted. 
* Corpall. John Andrews v. Edward Colcord. Debt. Defaulted. 

Oliver Purchase v. Thomas Looke. Breach of covenant. Non- 
suited. 

Capt. William Gerish was sworn commissioner to end small 
causes at Newbury. 

Major Willm. Hathorne and Mr. Edmond Batter were sworn 
commissioners for Salem. 

Daniell Perce had his fine abated [for not appearing to serve on 
the grand jury. — Waste Book.]. 

Mr. John Gedny, administrator of the estate of Samuell Cur- 
withy, was discharged, having settled the estate according to the 
inventory. 

Thomas Jones, sr. of Gloster was freed from ordinary training, 
paying 5s. yearly for the use of the company. 

Corpall. John Andrews acknowledged judgment to Humphry 
Griff en. 

Maximillian Jewett renounced his executorship to the will of 
Mr. Joseph Jewett. 

Stephen Swett of Newbury was granted a license to keep an 
ordinary and draw wine and liquors for a year. 

Mr. Baker of Ipswich had his license renewed for one year. 

William Law of Eowley had his license renewed to keep an 
ordinary and draw wine and liquors for one year. 

Richard Fitt of Newbury was released from ordinary training, 
paying 6s. yearly for the use of the company. 

John Palmer and John Johnson of Rowly and Cornelious Waldo 
of Ipswich were made free. 

Nehemyah Jewett, son of Joseph Jewett, chose John Pickard 
for his guardian, and it was allowed by the court. Said Pickard 
was bound in 30011. 



signed by William Longley,* for the court ; and served by Jonathan 
Hudson,* constable of Line,^,by attachment of defendant's estate in 
the hands of Mr. Parchis, and his dwelling house. 

Bond of Thomas (his mark) Looke of Lyn to Jonathan Hudson, 
constable of Lyn, dated, Nov. 21, 1660, for his appearance at the 
next Salem court. Wit : Joseph Jencks.* Jonathan Hudson,* 
constable of Line, on Nov. 29, 1660, assigned this bond to Joseph 
Armitage. 

•Autograph. 



1661] RECORDS AND FILES 279 

Copy of Salem court record of 27 : 9 : 1660, Mr. John Payne v. 
Frances Ursellton. Debt. Defendant was not of this jurisdiction 
and judgment respitted. Copy made by Hillyard Veren, clerk. 
This court granted judgment to Mr. John Paine, etc. 

According to law, John Godfry, upon a half entry, was allowed 
to proceed in an action in which he was nonsuited. 

John Godfry v. Abraham Whitaker. For not delivering a pair 
of oxen about three years since, according to promise. Jury found 
for defendant. 

James Jackman of Newbury and Sam Pod were freed from 
training, paying 6s. yearly to the use of the company. 

Richard Kent of Newbury and Richard Thurill were released 
from ordinary training, paying 8s. yearly to the use of the company. 

Nicolas Marble of Ipswich was released from ordinary training, 
paying 3s. yearly to the use of the company. 

Will. Tenny, constable of Rowley, was allowed 12s. for " hue & 
cryes." 

Daniell Clarke, constable of Topsfield, was allowed 14s. for " hue 
& cryes." 

William Binglye was ordered to be whipped for fornication. 

Patience Jewett chose Mr. John Carlton as her guardian, and 
the court allowed it. Said Carlton bound himself for a true accoun t 
of his sister Patience Jewett's portion. 

Thomas Wheelar and Andrew Mansfield certified that Edward 
Richards appealed to this court from the commissioners of Lynn, 
and did not prosecute. 

Isaiiah Wood, complained of for shooting a dog and other mis- 
demeanors, was ordered to be whipped or pay a fine of three 
pounds. He choose to pay the fine and was bound to good beha- 
vior. Sureties : Symon Tompson and Abraham Pitt.* 

*John Leigh, jr., deposed that one night, being about to shut up 
his father's cattle, and there being some of Esay Wood's cattle 
among them, he endeavored to separate them, and therefore set a 
little dog upon them. Said Wood, seeing the dog, ran presently 
into his house and brought out his gun, which deponent thought at 
first was a great stick until he saw him about to cock it. Then 
deponent saw what it was and ran to save himself and standing 
behind a post, he saw him shoot immediately, being in great dan- 
ger of the shot which grounded by him. He shot the dog, and 
upon deponent's mother and himself asking why he did so, he took 



280 IPSWICH QUARTERLT COURT [May 

Shoreborne Willson, complained of for abusive carriages, and 
striking the wife of Robert Dutch, was fined and bound to good 
behavior. Part of the fine respitted until the next court. 

John Perly, complained of by Tho. Poore of Andover, upon 
suspicion of felony for taking his mare, was bound to good behavior 
for appearance at next Ipswich court, and ordered to pay 
costs to Tho. Poore, Sureties : John Baker, sr., and John Kimball. 

Eichard Hutton and Thomas Baker were fined, upon their pre- 
sentments, for smoking tobacco in the street on the Sabbath day. 

Mr. Ezekiell Rogers and his wife were fined, upon their present- 
ment. Respitted until the next March. 

Mr. Willson, prison keeper, allowed 31i. 7s. for his salary and 
for " hue & cryes." 

Selectmen of Ipswich gave notice to Daniel Grasier and John 
Morill, Irishmen, that they were not willing to receive them as 
inhabitants, and they not removing, complaint was made to this 
court. Matter was referred to the next court. 

John Pindar was released from ordinary training, paying 5s. 
yearly to the use of the company. 

Moses Pengry had his license renewed to keep an ordinary and 
draw wine and liquors. 

Mr. Robert Payne, treasurer, brought in his account, and it was 
accepted. 

Five shillings were given to the house. 

[William Odry died intestate, and administration on his estate 
was granted to Mr. George Cor win and Mr. Edmund Batter, who 
were ordered to bring in an inventory. — Waste Book.'] 

Court held at Ipswich, May 2, 1661, by adjournment. 

John Sorlar of Wennam was licensed to keep an ordinary and to 
draw wine and liquors. 

Cornelious Waldo was released from being a trooper, paying 6s. 
8d. yearly to the use of the foot company. 

up a stick, shook it at them and went his way. The next morning, 
said Wood asked if the dog were dead, and deponent answered no, 
but he thought he would die. Wood bade Leigh to be content with, 
that, for the next would be worse. Deponent further said that his 
father had often been abused, sometimes having his cart thrown 
over, his cart rope cut into small pieces and his cattle turned loose 
in the barn in the night when there was corn on the floor. Sworn 
in Ipswich court. 



1661] RECORDS AND FILES 281 

Elizabeth, wife of William Bingly, upon her presentment for 
fornication, was ordered to be severely whipped. 

Mr. John Carlton was discharged of his presentment, it being 
not proved. 

Abner Ordway, upon his presentment for theft, was ordered to 
sit one hour in the stocks, and pay costs. 

William ^Nelson, upon his presentment for drunkenness, was 
fined. 

Upon Henry Bachelour's presentment, it was ordered that the 
matter be referred to the General Court for power for the town to 
dispose of him and his farm, in order that he might live in the 
town, enjoy his estate and the public worship of God. 

Richard Carr, upon his presentment for taking tobacco in the 
street, was fined. 

John Powlan was allowed costs in the case of Mr. Thomas Pellam 
and Sarah Kellam. 

Nathaniell Tredwell and Mr. Crosbye, upon their presentments 
for smoking a tobacco pipe in the street, were fined. 

Mathew Moore, upon his presentment, was admonished. 

Daniell Ringe of Ipswich was licensed to keep an ordinary, but 
not to draw beer above a penny a quart, and to provide meat for 
men and cattle. 

Town of Ipswich, upon the presentment for the bridge being 
defective, was discharged, it being since mended. 

Edmond Bridges was released from training, except twice a 
year. 

Joseph Medcalfe, upon his own request, and promising to be 
more wary for time to come, had his sentence of Mar. 27, 1660, 
revoked. 

Court held at Salem, 25 : 4 : 1661. 

Judges : The Worshipfull Mr. Symond Bradstreet, Mr. Samuell 
Symonds, Major Generall Danyll, Denison and Major William 
Hathorn, assistant. 

Jury of trials : Jeffery Massey, John Gardner, Joseph Gardner, 
John Ruck, John Putnam, John Rayment, John Pickerin, Capt, 
Tho. Marshall, Nathall, Hanford, John Witt, Robert Gowing and 
Clement Coldum. 

Grand jury : Natha, Felton, Henry Skerry, Henry Herrick, 
John Neale, Samll. Eborne, John Deacon, John Devorix, Nicho. 



282 SALEM QUARTERLY COURT [June 

Vincent, Phineas Fisk, Hewgh Burt, Thaddeus Redding, Adam. 
Haukes, William Meriam and William Steevens. In the place of 
Jon. Putnam, Oliver Purcliass. In the place of Jon. Gardner, 
Tho. Marshall, in some actions. 

Mr. Georg Emory v. John Norman, sr. For not finishing a 
house according to agreement. The attachment, with other evidence 
produced in the case, was read, committed to the jury and placed 
on file. Verdict for plaintiff, 51i. damages, and 51i. more if the whole 
work according to agreement be not finished in two months' time.* 

*Writ: Mr. George Emorye v. John Norman, sr.; for not fin- 
ishing a house according to agreement ; dated, June 2, 1661 ; 
signed by Hillyard Veren,t for the court; and served by Samuell 
Archard,t marshal of Salem. 

George Emry's bill of charge, Is. 

Mr. John Geedney and Mr. Phillip Cromwell deposed, 22 : 1 : 
1660-61, that some time the past summer, John Norman and Mr. 
Emery of Salem made an agreement by which said Norman was to 
set up a gable end upon the old part of Mr. Emery's house, shin- 
gle the east side of the house and set up weather boards, Mr. 
Emery providing them, for which, with work done before, said 
Norman was to have a young ambling mare and her colt, if she had 
any, etc. Sworn before Wm, Hathorne.f 

Agreement, dated, 14 : 6 : 1658, between Mr. Gorge Emery of Salem 
and John Norman of Manchester, house carpenter : The latter was 
to build a porch, 7 feet, 4 inches stud, 8 foot of frame, braced and 
tenneted into the stud, jutted over 14 inches three ways and to cover 
it, shingle the gutters, make one window and door, and stairs into 
both chambers, make one gable end eleven foot broad and to cover 
it and shingle the gutters and a clear story window for the gable 
end and a stool window according to the lower window, three 
floors of boards in the new room and three floors of boards in the 
porch, and make three doors, and to have all completed within 
two months from date ; and to find boards and clapboards to finish 
the work; for which Norman was to receive 121i. and a gray mare 
going on two years old, appraised at 12Ii., or the saddle mare at 
161i. Signed by George Emery f and John Nor man. f Wit : John 
Beckett.t 

John Norman's account of work done for Mr. Emery : For 
building of a porcht, 61i. lOs. ; 2000 of bowrds and working of 
them, 81i. ; 250 clapbowrd and working of them, Hi. 10s. ; 6000 
of shingells & laying of them, 61i. 12s. ; seting up of a Gabellend, 
Hi. 10s.; making of 3 windowes, Hi.; makeing of 3 dowers, 5s.; 
makeing of a pare of stayers & layin of them, 10s. ; total, 
251i. 17s. 

tAutograph. 



1661] RECORDS AND FILES 283 

John Norman v. Mr. George Emorye. For not paying for work 
•done by him, etc. Verdict for defendant.* 

John Hathorne v. Samll. Eldridg. For withholding a cow from 
plaintiff or not giving account of the said cow to Mr. Edward 
Layne. Verdict for defendant.! 

" The work that was donn abouesd writeing yet was at my owne 
cost and charg to bring yet to Place as allso yet is my desyere that 
this honered Cowrt wold be Pleased to take notiyes Consering the 
Pay mentioned in the Coueneant which was a gray mare at such an 
agh that is to say 2 yere and the aduantadgh at 12" Price I was to 
receue her at which M'' Emerey sowld to John Ledg of maruell 
hed or ellc my request is that my worke donne may bee Pryesd 
and that I may haue Pay acowrdinly as all so my desyere is that 
mistres Emerey may be exememined Consering w* she knowes 
abowt the bargen becawes I am loth to bring her forth in regard of 
lier husband." 

*Writ : John Norman, sr. v. Mr. George Emory ; for not making 
payment to said Norman according to agreement; dated, June 6, 
1661; signed by Hillyard Veren,:]: for the court; and served by 
Samuel Archard,J marshal. 

William BrowneJ certified, 25: 4: 1661, that he paid to John 
I^orman on 6 : 1 : 1659, for Mr. Emery, 31i. 20s. 

Nathanell Carrill, aged twenty-three years, deposed that last year 
the ambling mare that he took up for John Norman had a colt, 
•which was killed in a swamp near his master James'. Sworn, 25 : 
1 : 1661, before Wm. Hathorne. t 

fWrit, dated, Apr. 10, 1661, signed by William Longley,| for the 
-court, and served by Edward Kichards,{ whom Samuell Archard,{ 
marshal, appointed his deputy. 

Samuell Eldrid's bill of costs, signed by Willm. Hudson. J 

Edward Eichards deposed that when Mr. Hudson came to John 
Hathorne's house and demanded the bulls of deponent and said 
Hathorne, the latter asked him by what order he demanded them 
and Hudson replied that he bought them of Samuell Eldridg and 
had an order from him. Deponent asked to see it and he refused, 
but finally Will. Gotten persuaded him to read it, thus, " to Cor- 
porall Androwes deliuer my cattell that you wintered for mee unto 
Mr. Hudson." Said Hudson declared that he was not willing to 
read it because it was dated since the cattle were attached. Sworn 
in court. 

Capt. Thomas Marshall testified that the second day after Mr. 
Hudson was at John Hathorne's to demand the bulls, Samuell 
Eldridg said that Mr. Hudson claimed that the cattle were too 
■dear and that he must abate him four or five pounds, which he did. 
Sworn in court. 

^Autograph. 



284 SALEM QUAKTERLY COURT [Jun© 

John Hathorne v. Samll, Eldridg. Debt. Verdict for defen- 
dant. 

Jonathan Hudson, constable of Lynn, aged about forty-four years, 
testified that Lieut. Hudson sent Jno. Viall to him to go down to 
John Hathorn's to replevin four bulls of Lieut. Hudson's which he 
bought of Sarjeant Eldred. Deponent demanded the bulls of 
Edward Richards, who said he was the marshal's deputy, but he 
refused to show them to him. Sworn, May 1, 1661, before Edw, 
Rawson, recorder. Copy made by Edw. Rawson,* recorder. 

Wm. Cotton, aged about forty-eight years, deposed that he was 
at Lynn the thirteenth of the second month with Leiut. Wm. Hud- 
son, etc. John Viall deposed the same. Sworn in court. May 1^ 
1661, before Edward Rawson,* recorder. Copy made by Edw. 
Rawson,* recorder. 

John Andrewes, aged about thirty -two years, deposed that Sam- 
uell Eldred put six young cattle to him to winter, four bulls and 
two heifers, and upon Apr. 12 last, Mr. John Hawthorne sent ta 
his house Richard Hud and his boy, as Hud said, for these bulls, 
which deponent refused to deliver until he had an order from 
Samuell Eldrid. Presently Edward Richards and some others came 
and drove away the bulls, and as said Richards showed his power 
as deputy marshal, deponent could not prevent him. On Apr. 13, 
Leiut. Hudson came to see the cattle, saying he had bought the 
four bulls and one of the heifers of said Eldrid, etc. Sworn, May 
1, 1661, before Edw. Rawson, recorder. Copy made by Edw. Raw- 
son,* recorder. 

"William Longley, aged about forty-seven years, testified that 
upon Apr. 13, he was at work in his lot at home, when Mr. Cotton 
and Mr. Viall came and asked him if he had granted an attach- 
ment upon any cattle that had been Samuell Eldridge's. Deponent 
said he did grant to Mr. Hawthorne attachments against said El- 
dridge, on Apr. 11. A short time after Mr. Viall came to his house 
and said that Leiut. Wm, Hudson desired him to meet him at Mr. 
Hawthorne's, and when he arrived, Hudson said, " Now Mr. Haw- 
thorne here is the Clarke of the writts, whether will you set him 
to work or shall I." Hawthorne said he would not, and Lt. Hud- 
son desired deponent to replevin four bulls of his that John Haw- 
thorne had attached, which was done, etc. Sworn in couit, May 
1, 1661. Copy made by Edward Rawson,* recorder. 

Bill of sale, dated, 9:2: 1661, Samuell Eldrid, now inhabitant 
at Rumney Marsh to William Hudson of Boston, for four heifers, 
three cows and four bulls. If the cattle were all alive and well 
where they were wintering, on 9 : 2 : 1661, said Hudson was to run 
the hazard of them afterward, but if any were sick or wanting or 
infirm, said Eldred was to make them good. Signed by Samuell 

♦Autograph. 



1661] RECOBDS AND FILES 285 

Leift. Hudson appeared as attorney for said Eldridg in the two 
foregoing actions. 

John Hathorne v. Edward Colcord. Debt. For not delivering 
6,000 feet of board according to agreement. Defendant and his 
surety, Georg Halsell, forfeited their bond for appearance.* 

John Hathorne v. Mr. William Bartholmew. Slander. For ac- 
cusing plaintiff of altering the attachments the clerk signed against 
Samll. Eldridg, in saying in open court at Boston that there was 
no marshal's deputy in said attachment, when the clerk of the 
writs signed them, according to attachment, dated, 6 : 3 : 1661. 
Yerdict for defendant.! 

(his mark) Eldrid. Wit : Walter Bourke and John Viall. Sworn, 
Apr. 20, 1661, before Jo. Endecott, Gov. Entered and recorded 
on page 251 of the third book of records of the notary public 
of the Massachusetts Colony of New England, by Robert Howard, 
notary public. Copy made by Edward Rawson,$ recorder. 

*John Hathorne's bill of costs. Hi. 15s. 

tWrit, dated, May 6, 1661, signed by Francis Johnson,J for the 
court, and served by Rich. Wayte,t marshal of Boston, by attach- 
ment of the dwelling house and land of Mr. William Bartholomew 
of Boston. 

William Bartrom and Edward Richards, each aged about forty 
years, testified that in court at Boston in the action of John 
Hathorne v. Will, Hudson of Boston, concerning four bulls, Mr. 
Will. Bartholmew pleaded that the attachments used by Edward 
Richards in arresting the cattle had not the marshal's deputy on it 
when the clerk of the writs signed them, instancing Will. Long- 
ley. That Bartholmew further said it was done by such as wanted 
•work to serve attachments by being a deputy when he had no au- 
thority, and desired the court to take notice of it that such things 
should not be suffered. Will. Longley affirmed in open court that 
when he signed, there was no deputy's name on them, but that they 
■were addressed to the marshal of Salem or constable of Lynn. 
Sworn, 17:3: 1661, before Hilliard Veren,]: cleric. 

Thomas Bancrauft deposed the same. Sworn in court, before 
Hilliard Veren, J cleric. 

William Bartholomew§ appointed his loving brother, Henry 
Bartholomew, his attorney, on 14: 4 : 1661, to defend him in this 
action. Wit: Jno. CroadeJ and Elias Stileman.J Henry Bar- 
tholmew]: appointed Mr. John Gardner in his place on 25 : 4 : 1661. 
Wit : Willi. HollingworthJ and Willm. Hudson. J 

{Autograph. 
§Autograph and seal. 



286 SALEM QUAKTERLY COURT [June 

John Hathorne v. William Longly and Joane, his wife. Slander. 
In saying that plaintiff had put more into a writing than should 
be, and that it was forgery. Verdict for plaintiff.* 

*Writ, dated, May 6, 1661, signed by Frances Johnson,t for the 
court, and served by William Bartrum,t constable of Lynn, by 
attachment of the dwelling house and land, two oxen, two cows 
and two calves of defendant. 

Writ, dated, June 17, 1661, signed by Hillyard Veren,t for 
the court, and served by William Bartrum,t constable of Lyn, by 
attachment of the dwelling house and land of defendant. 

John Hathorne's bill of cost against the wife of William Long- 
lye, Hi. 15s. lOd. 

William Longley's bill of cost. Hi. 10s. 

Mary Browne, aged about twenty-four years, deposed that the 
wife of William Longlye said to her that if John Hathorne had 
attached a cow or so, it would not have been much, but to attach 
all that they had was more than he need to have done. Deponent 
said " I suppose he esteemes his name more than all your estate,"' 
and she replied " Is his name so good ?" or " What is his name 
worth, has he redeemed his name ?" speaking in a seemingly slight 
and derisive manner. Further speaking about that which Andrew 
Mansfeild had said against said Hathorne, she said, " What was 
that, a great peece of busines," and the whole drift of her discourse 
was in a slight, disesteeming of his name and reputation. Sworn in 
court, 25 : 4 : 1661, before Hilliard Veren,t cleric. 

Izake Ong, aged about twenty-five years, testified that, being in 
the house of Eichard Haven in Lynn, he heard the wife of Wil- 
liam Longlye say that John Hathorne had put into an attachment 
more than was in it when her husband signed it, that said Hathorne 
signed it and that he was in trouble for it, so her husband said ; 
moreover, that it was forgery and the magistrate checked him for 
it, etc. Sworn in Salem court. 

Susana Haven, aged about thirty-seven years, testified that the 
wife of Will. Longlye came to her husband's house the week of 
Boston county court last, etc. Sworn in Salem court. 

Mathew Armstrong, aged about twenty-seven years, deposed con- 
cerning Longley's testimony at Boston court. Sworn, June 18, 
1661, before Ri. Bellingham,t Dept. Govr. 

Jonathan Hudson, aged about forty years, deposed that Longley 
testified at the Boston court that he did not see any Marshal's 
deputy in the attachment, but he would not take his oath until they 
showed him the paper, etc. Sworn in Salem court. 

John Andruff, aged about thirty-three years, Samuell Benett, sr., 
John Sunderland, aged about forty-three years, and John Viall, aged 
about forty-two years, deposed the same. Sworn in Salem court. 

tAutograph. 



1661] RECORDS AND FILES 287 

Town of Lynn, by their selectmen v. William Longly. Review 
upon a judgment granted at last Ipswich court, for forty acres of 
land or 401i. damages granted to said Longly. 

John Hathorne v. William Longly. Slander. For accusing 
plaintiff of altering the attachments he signed against Sarauell 
Eldridg, in saying in open court at Boston that there was a mar- 
shal's deputy in the said attachments when he signed them. With- 
drawn. 

Thomas Brown v. Tho. Welman. For not making good two 
parcels of land, according to covenant. Judgment for defendant.* 

Matthias Farrington v. Henry Ingalls. For taking up a mare 
of his, contrary to law without his order, keeping her in his cus- 
tody and not delivering her when she was demanded nor making 
any restitution. Withdrawn.! 

Richard Waits, aged about sixty-one years, and William Cotton, 
aged about fifty years, deposed, June 8, 1661, that hearing the 
pleas and debates at Boston county court last April in the action 
between Capt. William Hudson of Boston and Mr. John Hathorn 
and Edward Richards of Linn, etc. Sworn, 8 : 4 : 1661, before 
Thomas Savage, t commissioner. 

Capt. William Hudsonn affirmed to the truth of the foregoing, 
20 : 4 : 1661, before Humphrey Atharton.J 

*Summons, dated, June 26, 1661, to Andrew Mansfeild, Jona- 
than Hudson, John Knight and Edward Richards, as witnesses and 
signed by William Longley,t for the court. 

fWrit, dated. May 30, 1661, signed by William Longley,^ for 
the court, and served by Thomas Chandler, J constable of Andeaver. 

Ralph Kinge, aged about twenty-two years, deposed that he was 
at Andever when he heard John Lewis demand of Henry Ingolls a 
mare of Mathias Farrington 's to take her home to Lynn. Ingolls 
answered that she was not at home but was well, and that he did 
not deny the mare, but would speak with Goodman Farrington 
first. John Lewis also testified that he had an order to bring 
the mare to Lynn. Sworn in court, before Hilliard Veren,]: cleric. 

John Aslot and John Barnard, aged about eighteen years, deposed 
that the mare that Henry Ingalls took up had a brown tail, a little 
slit on the top of the near ear and meally legs, etc. Sworn, 24 : 4 : 
1661, before Simon Bradstreet.J 

John Barkeer, aged between sixteen and seventeen years, de- 
posed that Mathias Farinton told him that his mare had a black 
tail, mane and legs and was marked with a slit on the ear and a 
piece cut out about half an inch long. Sworn, 24 : 4 : 1661, before 
Simon Bradstreet.J 

{Autograph. 



288 SALEM QUARTERLY COURT [JuDG 

Johanna Marshall deposed that Mathyas Farrington agreed with 
her to bring the mare, and her husband agreed to the same. " I 
sent my Son with John Bread and Henery Ingolls was not at 
home. Afterwards heuyry Ingolls coms to our hows I askt him if 
he would delliuer mat Farrinton mare he sayd noe except he would 
com and pay for the winttering of her he sayd tell mathy his mar 
is well and fare with folle and four pound better then when I did 
take her oupe." Sarah Marshall deposed the same and further 
declared that Ingolls said he would hire the mare of Mathy Faring- 
ton. Sworn in court, before Hilliard Veren,* cleric. 

John Godfree, aged about thirty years, deposed that Farington 
and Godfree were discoursing about the stray mare that Henry 
Ingalls took up, and Farrington told Godfree to tell said Ingalls to 
send him the mare. Upon being questioned Farrington said he had 
never seen the mare. Sworn in court. 

Stephen Johnson, aged twenty-one years, deposed that Farring- 
ton told Tho. Johnson that he had never seen the mare, but got some 
one to brand her. Sworn, 24 : 4 : 1661, before Simon Bradstreet.* 

John Godfery testified that Goodwife Marshall said she could 
speak nothing of her knowledge concerning the mares, but what 
she heard others say. Sworn in court. 

John Carr, aged about twenty -two years, deposed that he heard 
Thomas Johnson ask Mathias Farengenton if he ever saw this 
mare, etc. Deponent was with Henery Ingolls when Farrington 
came to him to see the mare, which was then in the woods, etc. 
Sworn in court. 

Sergeant Osgood, aged about thirty years, deposed that a stray 
mare came with the horse of Francis Ingals of Lyn to Henry 
Ingalles, and the latter said that she was with his uncle's and 
asked what he should do with her. Deponent answered that he 
should take her up and give notice to the constable to cry her ac- 
cording to law, which he did. Deponent and Steven Osgood, his 
brother, helped catch her and appraised her at eight pounds and a 
mark, etc. Sworn in court. 

Steephen Osgood, aged about twenty-two years, testified that 
Goodman Marshal said that Mathias Farington told him that he had 
his mare, and Marshal added that this was Goodwife Catlines mare 
by all relations. Sworn, 24 : 4 : 1661, before Simon Bradstreete.* 

Edman Farington, aged about three score and seven, deposed 
that his son, Mathew Farington, lost a young mare of about two 
years old in the wood last November twelfth month. She was a 
bright bay, branded on the near shoulder and on top of the near 
ear, and was wintered at deponent's house and his son's the winter 
before, he and his son living together. The marks were those of 
his son. John Farrington testified the same, and that he and his 
brother Mathew and John Brayd found the marks, etc. Sworn in 
court. 

•Autograph. 



1661] RECORDS AND FILES 289 

Michael Coombes v. William Shackerly. Debt due for portlidge. 
Withdrawn.* 

John Goss V. William Shackerly. Debt due for portlidge. 
Withdrawn, t 

Andrew Mansfeild v. Edward Richards. Slander. For charging 
plaintiff with taking a false oath in the testimony he gave in behalf 
of the town against said Richards at Mr. Laton's house, before the 
commissioners of Lynn at their court held in November last. The 
said Richards also said that the oath that the said Mansfield had 
taken, he would prove to be false. Verdict for plaintiff. | 



Jno. Farrington and Jno. Bread deposed that the mare was 
Matthyas Farrington's, etc. Sworn in court. 

Thomas Marshall deposed that Goodman Ingalls told him at 
Andiver that he intended to make a stray of the mare by putting a 
withe about her neck. Deponent told him he must also cry her 
and Ingalls said he would go to the constable for there would be 
a town meeting before very long and then he would cry her. Sworn 
in court. 

Thomas Johnson, aged about twenty-seven years, deposed. Sworn 
in court. 

John Farrington deposed. Sworn in court. 

John Brayd deposed that he heard Goodman Foster of Andiver 
say that he did not cry this mare. Sworn in court. 

John Farington deposed that Goodman Foster said that he was 
not asked to cry the mare until two months after she was taken up, 
and later was forbidden, etc. Sworn in court. 

*Writ: Michell Combe v. William Shackerlie; debt for port- 
lidge ; dated, June 1, 1661 ; signed by Fra. Johnson,§ for the court ; 
and served by William (his mark) Nicke, constable of Marblehead, 
by attachment of fish to the value of seven pounds, and taking bond 
of Mr. Corwin for payment of same. 

fWrit : John Gosse v. William Shackerlie ; debt due for port- 
lidge ; dated, June 1, 1661 ; signed by Fra. Johnson, § for the court ; 
and served by Will, (his mark) Nicke, constable of Marblehead, by 
attachment of fish to the value of seven pounds, and taking bond 
of Mr. Corwin for payment of same. 

jWrit, dated, June 18, 1661, sigued by William Longley,§ for 
the court, and served by Jonathan Hudson,§ constable of Lyn, by 
attachment of house and land of defendant. 

George (his mark) Taylor of Lynn deposed, at Lynn, June 24, 
1661, that during the year when brother Andrew Mansfeild was 
constable, Edward Richards was in his debt, ]0s. 6d., and that he 
came to his house and brought a bill of lOs. 6d. from the select- 

§ Autograph. 



290 SALEM QUARTERLY COURT [June 

Christopher Nicholson, for himself, and also as assignee of Eliz- 
abeth Nicholson, administratrix of Edmond Nicholson, deceased v. 
John Devorix. For withholding or not giving an account of the 
disposing or delivery of the said Ed. Nicholson and company's fish 
in the spring voyage of 1660, said Devorix being master of the 
voyage. Verdict for plaintiff, the defendant to give a true account 
within twenty days. Appealed to Court of Assistants. Mr. Ed- 
mond Batter bound for said Devorix appearance.* 

men which brother Andrew Mansfeild was to pay him upon the 
town's account. He asked deponent to take the bill and to receive 
of said Mansfield the amount which Edward Richards owed him. 
So they went to Mansfeild's, and Richards told him to pay depo- 
nent and the latter might have had it then in corn, but being in- 
debted to Farmer Hawkes for keeping cattle, he desired that it 
remain with brother Mansfeild to pay, making the latter his pay- 
master. Wit : Will, (his mark) Clarke and Marye (her mark) 
Clarke, wife of Will, Sworn in court. 

Bray Wilkins testified that at a commissioners' court held at Mr. 
Laughton's at Lynn, in a case between Andrew Mansfeild and 
Thomas Wheeler, as selectmen, and Edward Richards, said Mans- 
feild gave in testimony concerning the amount paid to said Rich- 
ards, the latter testified that all that he said was false. Sworn in 
court. 

Thomas Newhall, jr., deposed. Sworn in court. 

James Axey and Thomas Wheeler deposed that Edward Rich- 
ards was called before the commissioners' court at Lynn, concern- 
ing not carrying out his agreement with the townsmen about 
repairing the turret on the meeting house. Andrew Mansfeild tes- 
tified that he paid him, when constable, for the work. Later Rich- 
ards said that Mansfeild's oath was false, and appealed to Ipswich 
court. Sworn in court. 

Andrew Mansfeild's bill of charges. Hi. 17s. 6d. 

Robt. Mansfeild of Lynn deposed. Sworn in court, 

*Writ, dated, June 10, 1661, signed by Hillyard Veren,t for 
the court, and served by Will, (his mark) Nick, constable of 
Marblehead. 

" M' Corwin 

<' s^ my part of the 65 Quintells of mar"*' fish which M'" fellder 
Receued the 14^** June 1660 is thirty six pounds sixten shillings 
and nine pence 

" y to use 

" 15 June 1660 Edmon Nickolson."t 

Edmon (his mark) Nickolson's receipt dated, June 15, 1660, to 
John Devericks, for 161i. 3s. 3d. 

tAutograph. 



1661] RECORDS AND FILES 291 

Danyell Rumboll, Mark Bacheldor and Tho. Fisk v. Edmond 
Towne. For illegally detaining a parcel of meadow lying by or 
bounding upon a meadow, sometime Mr. Pembleton's.* 

" Reckoned this 15 June 1660 with Edmon Nickolson and I haue 
paed my part of all Charges and there is due to me twenty thre 
pounds nine shillings. 

" Richard Read.f 

" I will pay you for Edmund Nichlison twenty thre pownd nine 
shillings this 11^^ 4^^^ m° 1660 ^ me William Browne."t 

Christopher aSTickerson's charges, 21i. 2s. 

Christopher Latamore, aged about forty-three years, deposed 
that he heard Jno. Devericks say that he was master of Edmond 
Nicklinson's voyage now in controversy, and deponent culled all 
the fish, Devorix or his wife taking account of it, and also receiv- 
ing the money for the refuse fish which was sold to Mr. John . 

Sworn in court, 28 : 4 : 1661, before Hilliard Veren,t clerk. 

William Kick, aged about thirty-five years, deposed that he saw 
Nicklinsou and his company heave their fish into Jno. Deverick's 
stage during the voyage, etc. Sworn in court, 28 : 4 : 1661, before 
Hilliard Veren,t clerk. 

Joseph Nicklinson, aged about twenty years, deposed that he was 
employed in the said voyage at John Devorick's command. Sworn 
in court, 28 : 4 : 1661, before Hilliard Veren,t clerk. 

William Nick and Hugh Dickman deposed that on the 15th 
of the instant month they heard John Devirick say that there 
was belonging to the voyage now in controversy, delivered to Mr. 
Eilldor, eighty odd quintals of fish. Sworn in court. 

John Devorix and his wife deposed that they delivered the 
receipt, which was given them by the master of the ship, Mr. 
Fielder, for eighty-five quintals of fish, to Edmund Nicolson in 
Mr. Blading's shop, where the reckoning was made. Ann Devorix 
delivered it with her own hands. Sworn in court. 

John Furbush testified that he heard John Divirick say that he 
could give a list of twenty pounds and upwards that was due to 
Good wife Nicklson, if he would. Sworn in court. 

John Devorix testified that the account made by Mr. Braden was 
correct and all agreed. Also that Nickolson gave deponent and 
Richard Read a note by which to receive their shares. 

John Furbish, aged about thirty- four years, deposed that he saw 
Edmond jSTicklinson and his son Christopher and Richard Reed 
throw fish into Jno. Devirick's stage and the latter split it and 
took possession of it. Sworn in court. 

James Brading deposed. Sworn in court, 27 : 4 : 1661, before 
Hilliard Veren,t clerk. 

*Writ, dated, 16 : 4 : 1661, signed by Tho. Fiske,! for the courts 

t Autograph. 



292 SALEM QUARTERLY COURT [June 

Walter Fairefeild, heir to John Fairefeild, late deceased v. 
Eichard Hutten. For withholding from him a parcel of land of 
about eighteen acres, which was sold by Mr. Samuell Smith to said 
John Fairefeild, now in said Hutton's possession. Verdict for de- 
fendant.* 



and served by John Willd,t constable of Topsfield, by attachment 
of nine acres of land. 

*Writ, dated, 9:2: 1661, signed by Tho. Fiske,+ for the court, 
and served by John Poland,! constable of Wenham. 

Hutten's bill of costs, Hi. 5s. 4d. 

<' Walter Fairefeild of Redding in y« County of Middlesex, Tur- 
ner, doth laye clayme to eighteen Acres of laud, which was for- 
merly bought of M"" Samuell Smith, deceased, by John Fairefeild 
deceased, together with a house upon y® same, but since decayed 
and falen dowue, which sayd land is now in y*' possession of Rich- 
ard Hutten, & is scittuate & lying in W[enham] & was pt of y^ sayd 
Smiths farme, graunted by y^ towne of Salem (ordinaryly account- 
ed soe) towards y« north side of y« sayd farme, & is bounded on 
y« east with a strip of meadow adjoyning to y[*' Riuer] & with a 
swamp one the south, & on y® west with [an] old Con try Highwaye, 
& on y« north with a stripp the sayd Smithes farme, this 27*^ of 
march 166[1], entered p me Hillyard Veren Recorder." Copy 
taken out of the records at Salem by Hillyard Veren,t recorder. 

Agreement between John (his mark) Fairfeld and Thomas 
Smyth,t dated, 7:2: 1641, to " chang each with other for 18 
Ackers of Land with A house upon each 18 ackers : & the housan 
to be both alike & what differance theare shall be in goodues be- 
twene them shall be allowed unto him that two men shall cast it : 
& for soe much Land as is broken up in the said John Fairfelds 
ground the other ptie is to break up as much in y« other psell of 
Land before y" next winter & alsoe to allow him soe much fencing 
stufe againe & lick wise dung for y® manuring of y« land & for y« 
meadowe that did belong to Jeames Smith Along y® Riuer the said 
Joh fairfeld is to haue & y*' medowe ground that (^id belong unto 
Samewell Smith the said Thomas Smith is to haue & for y« Con- 
firming hearof both pties haue sett to thear hands this psent day 
Aboue written." 

James (his mark) Smith, on 17- 10: 1640, acquitted and dis- 
charged John Fairfild of all demands for a house and ground 
bought of him by Mr. Joh. Fiske. Wit : William Browue.t 

'< formerly t maryed the ild, (deceased), whoe was 

then possessed sband fayrfeild left, & when she Ifery not 

glueing in bond, for the Idrens portions, according to the 

tAutograph. 

JThis paper is badly t»rn. 



1661] RECORDS AND FILES 293 

Samuell Symonds, gentleman v. Will. Downing. For absolutely- 
refusing to serve his master, Mr. Simonds, any longer, there being 

will of and, & by the sayd will, the children there seuerall 

portions, till yeares of age, the sayd be released of being 

charged with to deliuer the same out of his hands meet 

soe to order it, this Court taking sideration, the sayd palfery 

being the children viz nothwith the Court found 

something dificult to be understood will of the s*^ ferfeild, yet 

the sayd Palfery : and children : freely consenting thereunto 

Court did order as followeth : that all the housing & laud 

the s*^ ferfeild mentioned in his will, the s'^ palfery uld 

presently deliver up for the ||soul|| use|| & behoof e|| of the three 

children || f oreuer || to be ally devided betweene y™ & alsoe 

the sayd Palfery is to paye out of the goods that had his wife 

Eliz : ferfeild to the value of 40^ ||to Walter : y^ eldest || which is 

understood more then 3^* which he has alredy receued 

sayd John being under age : doe make choyse of brother the 

sayd waiter to his Guardian : & the enjaming : doe make 

choyce of his father in law Palfery to be aurdian & is willing 

with him the said Palferye to dwell he com to the age of one 

& twenty yeares, yf the s*^ Palfery soe louge, whoe is to teach 

y^ sayd Benjamin or cause him taught to read & write & 

lastly y^ sayd Palfery abous** and for the use of the children 

as is above ressed, together with the payment of the 

aboues 40^ sayd waiter : he shalbe fully & wholy dis- 

carged of the sayd estate or from any futer demands of the 

children as in Relation to the aforesayd estate." 

Deed, Samuell Smyth* to John Fairefeild, for 271i. 10s. ," a cer- 
tayne dwelling house & cowhouse situate in Salem a little off the 
great pond late in the possession of James Smith, purchased of 
him by william Fiske, & sold by the sayd william Fiske unto 
Samuel Smith aforesayd, together with the appurtenances to the 
sayd houses, with eighteen Acres of upland lying from the house 
nie east downe to the medowes & aboute 2 pole & an halfe on this 
side the || dwelling || house with free egresse and regresse to the || 

spring abutting II & certayne parcell of medow nie aboute 2 Acres 

by compute abutting upon the foresayd upland westward, & upon 
John Whitesland eastward." Dated, 16 : 9 : 1640. Wit : John 
Fiske* and William Fiske.* 

Indenture, dated, 11 : 5 : 1644, between Thomas Smyth* of 
Gloster and Robert Hawes of Wenham, said Smyth, for 311i. 15s., 
sold to said Hawes his house, cowhouse and twenty acres of land 
adjoining the house and thirty acres more near the great swamp? 
butting upon John Whit on one side and Phineas Fisk on the other, 
also six acres of meadow lying in the great meadow, all the said 

*Autograph. 



294 SALEM QUARTERLY COURT [Juiie 

several years yet due, according to the purchase from the ship- 
master who brought him over to sell.* 

Samll. Symonds, gentleman v. Phillip Welch. For absolutely 
refusing to serve his master, Mr. Simonds, any longer, there being 
several years yet due, according to the purchase from the ship- 
master who brought him over to sell.* 

land lying in the town of Wenham. Wit : Danel Roumbel,t Sarey 
(her mark) Roumble and William Dudbridg.f 

Mathew Edwards, aged about twenty-nine years, deposed that 
the house now in possession of Richard Coye, which was late John 
Fairefield's, was built by Thomas Smith, as he said, upon an ex- 
change, & also two akres of land lying before the house or betwixt 
the orchard and the highway were part of eighteen acres of land 
exchanged by Thomas Smith and Jno. Fairefield. More land was 
also laid out by Mr. Smith to deponent's uncle, John Fairefield, 
which he said was the rest of the land exchanged between himself 
and said Smith, and all of this land was afterward taken away by 
Ipswich at the running of the line, except two acres. Sworn in 
court. 

Sarah Rum ball, aged about seventy years, deposed that her son, 
Thomas Smith, sold this house and land to Robert Hase, and that 
said Smith enjoyed it several years peaceably and quietly. Sworn 
in court. 

Dan ell Rumbal, blacksmith, of Salem, aged about sixty-two 
years, deposed, 28 : 4 : 1661, that " About y* time that I wass a 
sutter to the widow Smith y* is now my wiff Thomas Smith her 
sonn did dwell in a house sittuatt nere y® housse y* was m"" Smiths 
which houss and land y® Aforsad Thomas mad Salle oif to Robert 
Haws Now dwelling at Roxbery my hand being to y'^ deed as A 
wittness." 

Richard Coye, aged about thirty-five years, deposed, 26 : 4 : 
1661, that the eighteen acres of land was owned by Mr. Samuell 
Smith, who sold it to John Fayerfield, and it was part of the farm 
that the town of Salem gave the said Smith in Wenham. Also 
that Richard Hutten said that Walter Fayerfield should not have 
it unless he could recover it by law. 

*Writs, dated, May 15, 1661, signed by Robert Lord,t for the 
court, and served by Theophilus Wilson,! constable of Ipswich. 

Samuel Symonds, f gent., complaint to Salem court, June 25, 
1661, against his two servants. 

Defence of William Downeing and Philip Welch : " We were 
brought out of o^" owne Country, contrary to our owne wills & 
minds, & sold here unto M"^ Symonds, by y® master of the Ship, 
M'' Dill, but what Agreement was made betweene M'' Symonds & 

tAutograph. 



1661] RECORDS AND FILES 295 

y® Said master, was neuer Acted by our Consent or knowledge, yet 
notwithstanding we haue indeauored to do him y^ best seruice wee 
Could these seuen Compleat yeeres, which is 3 yeeres more then 
y® use to sell ym for at Barbadoes, w" they are stollen in England. 
And for our seruice, we haue noe Callings nor wages, but meat & 
Cloths. Now 7 yeares seruice being so much as y^ practise of old 
England, & thought meet in this place, & wee being both aboue 21 
years of age, We hope this houo^'ed Court & Jury will seriously 
Consider our Conditions." 

The plaintiif 's plea : That he had about ten acres of Iijdian 
corn to be tended and had to hire divers workmen ; that during all 
this court time, his two servants, being all the men he had, were 
not working, and consequently all his cattle, fence and family were 
left destitute ; that the bargain made between George Dell, the 
shipmaster, and the plaintiff was still in force, etc. 

The jury reported a special verdict, that if Mr. Del's covenant 
be according to law, then they find service due from defendants 
to plaintiff until May 10, 1663 ; if not, they find for defendants. 
Judgment for plaintiff, Mr. Dell's deed legal, and said Downing 
and Welch to serve Mr. Symonds until 10 : 3 : 1663. Appealed to 
Court of Assistants. They promised to serve their master faith- 
fully until the next court. 

Bill of sale, dated, May 10, 1654, from George Dell,* master of 
the ship Goodfellow, who " sould unto M*" Samuell Symonds two 
of the Irish youthes I brought over by order of the State of 
England : the name of one of them is william Dallton : the other 
Edward welch, to serue him," etc., for the space of nine years, in 
consideration of 261i. in merchantable corn or live cattle, before 
the end of the following October. Wit : Georg Maning.* 

"17*^ of May 1654. 

" Whereas in the writing aboue mentioned there was a pviso for 
good assurance, and seing that the younger youth in the said 
writing is called Edward, and that upon his arrivall at Ipsw^h such 
as doe well understand his language doe say he owneth his name 
to be Philip, And whereas divers english are put out apprentices 
who at the end of their terme are older then he wilbe ; and for 
incouragment of his master in teaching him what he conceive may 
doe him good, and that it wilbe tyme soon enough to goe out of 
service & betake himself to mannage a family, It is agreed be- 
tween the abovesaid George Dell and m"" Samuell Symonds as fol- 
loweth That two yeares more are added to the Terme of the said 
Philip who in the writing above is called Edward welch which 
maketh it eleven yeares from the day of the date thereof. And 
the said Samuell doth hereby accept of both the said youthes as 
having good assurance." Signed by George Dell.* Wit : Joseph 
S[we]tt,* Joseph * and Georg Maning.* 

*Autograph. 



296 SALEM QUARTERLY COURT [June 

Kelecrist Kos deposed that upon a Sabbath day night before the 
last March court, he heard William Douney tell Mistress Symonds 
that he would get free if he could, when he had served seven years. 
Further, he heard William and Philip tell their master on the 
morning that the constable came for them, that if he would pay 
them for their time until Salem court, they would stay with him, 
but Symonds refused unless they would give security. When their 
master first brought them home, deponent asked William what 
Philip's name was and he said it was Philip. Sworn, June 24, 
1661, before Daniel Denison.* 

John King deposed that he " with divers others were stollen in 
Ireland, by some of y® English soldiers, in y® night out of theyr 
beds & brought to M"^ Dills ship, where the boate lay ready to 
receaue them, & in the way as they went, some others they tooke 
with them against their Consents, & brought them aboard y® said 
ship, where there were diuers others of their Country men, weep- 
ing and Crying, because they were stollen from theyr frends, they 
all declareing y® same, & amongst y® rest were these two men, 
William Downeing & Philip Welch, and there they were kept, un- 
till upon a Lord's day morning, y® Master sett saile, and left some 
of his water & vessells behind for hast, as I understood." Sworn 
in court, 26 : 4 : 1661, before Hilliard Veren,* cleric. 

John Downing testified that William Downing and Phillip 
Welch, with several of their countrymen, were taken up and 
stolen by the ship master or some one whom he hired. The ship- 
master, George Dill, was fain to go away and leave his water and 
much of his provisions behind for fear the country would have 
taken them from him. Sworn, June 24, 1661, before Daniel 
Denison.* 

John Downing further made oath that he knew that he and 
three or four others of his townsmen were taken up by force ; that 
he did not know the two parties in question, but they said in the 
ship that they were stolen and brought by force. 

Naomy Hull, aged twenty years and upward, deposed that one 
night before her master Symonds' servants, William and Philip, 
were arrested by the constable, they came into the parlor to prayer 
with the rest of the family, and Philip asked if Goodman Bragg's 
son was coming to plow tomorrow. Her mistress said she thought 
so, that he said he would consider it. Philip then asked who 
would plow with him and her mistress said, " One of you." Philip 
said, " We will worke with you, or for you, noe longer. Then said 
my m', is it soe ? What will you, play? Then both of them stood 
in it & expressed that it was soe, & that they had been with you 
(speaking to my master) longe enough, we have served you 
seaven yeares, we thinke that is longe enough ; Then said my m' 
But we must not be our owne Judges ; and said my m'' you must 

♦Autograph, 



1661] EECORDS AND FILES 297 

Mr. Frances Dane and Elizabeth, his wife v. John Godfery. Slan- 
der or defamation. In saying that Mrs. Dane would have given him 
five pounds to take a false oath, etc. Verdict for plaintiff.* 

worke for me still, unles you run away. Then said william, we 
scorne to run away. Then said Philip, we will goe away, & leave 
you before your faces. Alsoe they did both speak to this purpose ; 
If you will free us, we will plant your corne, & mende your fences, 
& if you will pay us as other men, but we will not worke with you 
upon the same termes, or conditions as before. (And this was 
upon m"^ lake her asking of them why they would offer at such a 
tyme to goe away mentioning some words how my masters busines 
did lye my m^'^ having alsoe said, let them alone ; now they are 
speaking let them speak their owne myndes) whereupon they 
answered as before. When my master had said come let us goe to 
prayer, Philip said you may go to prayer; we will speake more in 
the morning. And towards the end of ye discourse upon some oc- 
casion or question both answered & said it is soe, it is soe, they 
appearing resolute to leave my master as they had said. In the 
morning when the constable was at my masters howse (about the 
arrest) motion was made by the constable, or one that was with 
him, tending to pswade my master to let them alone, saying surely 
they will goe on in your busines. my master answered noe ; unles 
they be secured." Sworn, June 15, 1661, before Daniel Denison.t 

Mrs. Margaret Lake testified to the same, and also that Philip 
said in the morning that if his master would give him as good a 
portion as any of his children, he would serve out his time. Sworn, 
June 15, 166i, before Daniell Deuison.f 

Martha Trotter testified the same as Naomi Hull, and also that 
one of the Irishmen said one night that they would stay no longer 
unless their master showed them some other grounds. She heard 
Philip say to his mistress that now they had served seven years, 
they were under no authority of the country, etc. Sworn before 
Daniel Denison.f 

Ptalph Dix, Richard Nicolls and Samuel Younglove, deposed that 
they went with the constable of Ipswich, when he served the war- 
rant on the two Irishmen, and that one of the latter asked to see 
by what authority he kept them. Mr. Simonds said if the consta- 
ble would stay he would see, and he produced a writing, which, he 
said, was all he had to show for them. Sworn, June 23, 1661, be- 
^ fore Daniel Denison.f 

*Bill of costs. Hi. 5s. Id. 

Goodwife Rns deposed that John Godfre said that Mistress Dan 
would have given him five pounds to swear falsely against depo- 
nent, etc. Sworn, 21 : 4 : 1661, before Simon Bradstreet.f 

John Eus, aged about nineteen years, deposed that Mistress Dane 

t Autograph. 



298 SALEM QUARTERLY COURT [June 

Phillip Nelson, executor of Mr. Joseph Juet, deceased v. Tho. 
Perry. Appeal from the judgment of the commissioners of Wen- 
ham, given the first second day : 4 : 1661. Verdict for plaintiff, 
the former judgment reversed.* 

John Godfery v. Richd. Ormsby. Debt of 51i. 15s. in corn.f 

cried for madness because she could not have her will with his 
mother, Good wife Russe, etc. Sworn, 23 : 1 : 1660, before Simon 
Bradstreet.J 

John Eusse, sr., deposed concerning what John Godfery said to 
his wife, etc. Sworn in court. 

*Antipas Newman deposed that he heard Jno. Tod at one time 
and Ezekell JSTorthend at another time acknowledge that they were 
bound with Mr. Jewet to satisfy Jno. Godfree for what Thomas 
Perry was indebted to the said Godfree. Sworn, 17 : 4 : 1661, 
before Samuel Symonds.J 

Philip Nellson'sJ reasons of appeal : First, because they gave 
more damages than the plaintiff sued for ; second, they decided the 
case against him without sufficient evidence ; third, because the 
damages exceeded 40s. which was contrary to law ; fourth, there 
was no proof of the receipt of it by Mr. Jewett, except by John 
Godf ry, whom they do not consider a competent witness both in re- 
spect of his credit and because he spoke from hearsay ; fifth, it was 
not sued for till now, and there having been much dealing between 
Mr. Jewett and said Perry during the past eight or nine years, if 
there had been anything due it would have been discounted in his 
life time. 

Philip Nelson's bill of costs. Hi. 6s. 

Copy of the records of the commissioners of Wenham, 2:4: 
1660, attested by Charles GottjJ Phinehas Fiskej and Robert 
Goweing : J Thomas Perry v. Phillip Nelson, executor to Mr. Jewet. 
Debt. For four bushels of wheat delivered to Harrdses boat for the 
use of Mr. Jewet. Verdict for plaintiff. 

John Emery, sr., deposed that about eight or nine years ago, 
Thomas Perry Ijrought a parcel of about eight or nine bushels of 
wheat and eight bushels of rye to his house to be delivered to Mr. 
Jewet and John Tod, and when Harrdses boat came to gather up 
corn at Newbery, deponent delivered the said wheat to Mr. Jewet's 
account and the rye to John Tod's, etc. 

John Godfry deposed that Mr. Jewet told him that he received 
the wheat, but that Perry owed him a great deal more. 

John Emery, jr., deposed. 

Phillip Nelson's bond. 

tWrit, dated, Apr. 22, 1661, signed by Daniel Denison,J for the 
court, and served by Joseph French, J constable of Salisbury, who 

^Autograph. 



1661] RECORDS AND FILES 299 

John Godfery v. Richd. Ormsby. For defaming his name in 
taking oath that plaintiff offered him money several times to swear 
falsely for him. Withdrawn.* 

William Cresy v. Mordecaie Larcum and Elizabeth, his wife. 
Slander. In saying that he would have come to bed to said Eliza- 
beth. Verdict for plaintiff.! 

committed Richard Ormsbey to prison at Ipswich. Joseph French]: 
appointed William Buswell, his deputy. 

Copy of Richard Ormsby 's bond to John Godfery, dated, Mar. 
26, 1661, to deliver before Apr. 20th, Indian corn to the value of 
51i. 15s. Wit : Anthony Somerby and Job Tyler. Copy made by 
Hillyard Yeren,J clerk. 

Richard Ormsbee's bill of costs, 10s. 

* Warrant, dated, June 19, 1661, to Richard Ormsbee to answer 
complaint of John Godfrey, signed by Richard Littlehale,J for the 
court, and served by Joseph French, J constable. 

tWrit, dated, June 11, 1661, signed by Robert Lord,t for the 
court, and served by Thomas Write,! deputy marshal. 

Mordeca (his mark) Larcum's bond. Wit: John Thorndike.J 

Henry Baly, aged abovit fifty years, deposed that being at the 
house of John West last summer, he heard said West and Goody 
Lorcome in discourse about a boy of said Lorcom's, whom the lat- 
ter had let out to Goodman West for that summer. West asked 
her why she had taken away the boy and she said because he was 
sick. He answered that if he were sick, he could have kept him 
as well as she. She refused to let him take the boy again, because 
he would have learned what would have brought him to hanging. 
Goodman West told deponent to witness what she said, and upon 
demanding what it was, she said she would not tell it till she came 
before authority. This she spoke in the presence of the whole 
family and they were much troubled, and upon being urged further, 
she said " aske Thomas Write what my boy told him he saw Joseph 
West do upon a Lord's day," etc., and then she went away. Good- 
wife West fell down dead and the whole family was " set on trem- 
bling as though they were out of their wits." Sworn in court. 

Deliverance Frensh, of Glocester, deposed, that, June 27,1661, 
being at Goodman Larcum's house, Thomas West, son of John 
West, and Elizabeth Jackson, maid servant to Goodman West, 
came in and asked to see Goodman Cresse's boy. Goodwife Lar- 
cum answered that she would have them know that it was none of 
his. They told deponent that they had kept reckoning for her, 
etc. This discourse was about six weeks since, upon the Sabbath 
day, at night. Sworn in court. 

Thomas Bishop | deposed that Goody Larckum lived near his 

t Autograph. 



300 SALEM QUARTERLY COURT [June 

John Andrewes v. Edward Calcord. Debt * 

Eobt. Burges and Tho. Farrer sworn constables for Lynn. 

Edward Richards sworn clerk of the market for Lynn. 

Jon. Neale, Mr. Purchas and Jon. Devorix were fined for not 
serving on the jury. 

Jonathan Calcord, appearing as his father's attorney in a case 
between his father and Jon. Andrewes, acknowledged that he was 
under age. 

Thomas Marshall had his license renewed for one year. 

E,obt. Rand took the oath of a freeman. 

William Brown was sworn constable of Gloster and Tho. Bishop 
for Manchester. 

house several years and he never knew any light or immodest car- 
riage by her toward any nor with any. Thomas Burnam deposed 
the same, she having lived sometime near him. 

Aves Chub deposed that she was at Goody Larcum's house and 
the latter asked her to call in at Goody West's, " so I Cald in there 
to see how she did, & I told her y* goody Larcum remembred her 
lone to her, she told me she was a loueing neighbourly woman as 
shee Could Hue by, & if it had not beene for her she Could not tell 
what shee should haae done." Sworn in court. 

Mordecay Larcum deposed that William Creasy came upon a 
Lord's day following to his house and said he was sorry for what 
abuse he had offered to his wife and prayed deponent that he would 
not prosecute against him. 

*Writ: Corp. John Andrews V. Edward Colcord ; debt; dated, 
Apr. 8, 1661 ; signed by Robert Lord,t for the court ; and served by 
Robert Lord,t deputy marshal of Ipswich. Robert Lordf appointed 
his loving father, Robert Lord, his deputy. 

John Andrews' bill of costs. Hi. lis. 6d. 

Jonathon Colcordt of Hampton, on June 25, 1660, appointed 
Joseph Armitage of Linne, his attorney, in two actions brought by 
John Hathorn and Corporall John Andrews against said Colcord's 
father, Edward Colcord. 

Edward ColcordJ of Hampton, on June 24, 1661, appointed his 
son, Jonathan Colcord, his attorney. Wit: John Eaton, sr.,t and 
John Eaton, jr.f 

Edward Colcordj of Hampton acknowledged an indebtedness of 
91i. 8s. 6d. to John Andrewes, now of Linn, or to satisfy a debt of 
71i. 10s. to Mr. Stanuion, which payment of the latter sum, with 
receipt from Mr. Stannyon, should be his charge for the whole 
amount. Wit : Roberd Clements.! 

tAutograph. 

t Autograph ami seal. 



1661] RECORDS AND FILES 301 

Administration upon the estate of Tho. Seeres was granted to 
Mary, his widow. Inventory* amounting to 791i. 19s. 8d., clear 
estate, was allowed. 

Joseph Armitage v. Oliver Purchass, agent of the Iron works at 
Lynn. Breach of covenant for not cutting and coaling 1000 cords 
of wood in the year 1659. Verdict for plaintiff. 

Joseph Armytage v. Oliver Purchase, agent of the Iron works 
at Lynn. Debt. For work which Thomas Looke performed, cord- 
ing and coaling of wood, said Armytage being his attorney. Ver- 
dict for defendant. 

John Godfery v. Tho. Perry. Debt. Non-payment of twenty 
pounds in corn. Withdrawn. 

Mr. Georg Corwin, administrator of the estate of Roger Tucker, 



*Inventory of the estate of Thomas Seers of Newbury, who de- 
ceased May 16, 1661, taken by William (his mark) Moody, Rob- 
ert Coker and Anthony Somerby :t The house & barne & two acres 
and three quarters of land, 481i ; a cow and a Calfe, 51i. 6s. ; three 
swyne & three pigs, 21i. 8s.; His weareing apparrell, 61i. 14s.; A 
bedsted, a feather Bed, a Rugg and a blancket, bolster & pillowes, 
61i. 10s. ; A chest, a forme, table, a cubbard, two spining wheels & 
two chayres. Hi. 3s. ; A tub, a tray, two bowles, two bucketts, & 
other utensels & lumber, a hayr seive, 15s. ; A great brass kettle 
& little old kittle, 2 little Iron potts & a pr. of pothooks, a bras skil- 
let & a pr. of Cottrills & tongs & warming pan & frying pan & 
lamp, 21i. 12s. ; two pewter platters, a pint pot, a pewter bottle & a 
porringer, 2 tin sawce pans, 13s. ; foer wedges, 2 beetle rings, a 
spade, a shave, a handsaw, 2 hooes, an axe & a pare of wooll cards, 
18s. ; a bible, a brush, a smoothing Iron, a flesh hooke, a brass 
ladle, 10s. In the Chamber : An old bed & blanket and Rug, Hi. 
10s.; A Chest, a box, a meale trough, Hi.; A hogshed, 2 tubs, a 
bedsted & 2 halfe butts & other Luumber, 17s. ; three baggs, 10s. ; 
eight bushells of Indian corne. Hi. 4s. ; thre sheets, Hi. 5s. ; A cov- 
erlet, Hi. 10s. In the seller : A case of bottles, 4s. 6d. ; three hogs- 
heads of vineger, 31i. ; ten old hogsheads, Hi. ; three small beare 
tubs, 2 halfe butts, a Coule & other lumber, Hi. ; In corne upon the 
ground, 31i. ; A cannoo, 2 tunnels, a harping Iron, Hi. ; total, 931i. 

Debts : To Henry Jaques, ; Abrah. Tappan, 31i. 5s.; Mr. Gren- 

leafe, 31i. 3s. ; Goodm. Drinker, Hi. ; Mr. Woodman, 12s. ; Ben. 
Swett, 10s. ; John Bartlet, 6s. ; Capt. White, 9s. 4d. ; Rich. Fitts, 
5s. ; John Knight, 3s. ; Henry Lunt, 4s. ; Peter Morse, 6s. ; Robert 
Coker, 21i. 7s. ; total, 131i. 4d. The appraisers made oath, 26 : 9 : 
1661, before Hilliard Veren,t cleric. 

tAntograph. 



302 SALEM QUARTERLY COURT June 

deceased, brought in an inventory,* amounting to 91i. 14s., and it 
was allowed. 

John Tutle, William Halsy and John Hathorne, having been 
chosen Leift., Corporall and Quartermaster, respectively, by the 
three county troops, the court confirmed said Hathorne, but the 
other two were referred to the General Court. 

Administration on the estate of Isabell Babson, widow, late de- 
ceased, was granted to her son, James Babson. Inventory,! amount- 
ing to 271i. 6s., was brought in and allowed. 

Tho. Chandler, being chosen sergeant by the military company of 
Andevor, was confirmed by this court. 

Fi-ances Ingolls and John Collens were sworn freemen. 

Alee, now wife of Eavan Thomas, and Mr. Will. Bartholmew 
and Mr. Oliver Purchas, the two feofees of trust, were granted 
power of administration upon the estate of Phillip Kertland, de- 
ceased, and late husband of said Alee. Court allowed an indenture 
or mortgage, together with a schedule annexed, dated, 12:2: 1661, 
which instrument was made from said Thomas to said Alee, pro- 
vided the estate be reserved in order that the court may make 
further proportions to the children out of the said estate. Also, 

*Inventory of the estate of Eoger Tucker, taken, June 25, 16 — , 
by Francis Johnson J and Moses Mavericke,J and sworn to by Mr. 
George Corwin, 28: 4: 1661, before Hillyard Veren,J cleric: 

ards & halfe of Capp Cloth, £1. 6d. ; [w]ascoat & drawers, 

12s. ; — acket & breches grene Cloth, £1 ; — ew Jackett, 5s. ; 

re of but breches, 9s. ; 4 yard Canvas, Is. ; ould things, a Jacket, 
2s.; a Jackett & breches, 4s.; canvas drawers, 2s. 6d., a hat, 2s. 
6d., a Capp, 6d., a bead Rugg, 2s. 6d., a leather Jacket, 4s., 3 pare 
ould stockins, 3s., Hi. 2s. ; a pare of woosted stockins, 5s. ; a pare 
of green stockins, 4s. ; a swash, 2s. 6d., 3 shirts, 12s., 14s. 6d. ; 2 
silke neckcloths, 4s. ; 1 pare linen drawers. Is. ; 2 pare hullinge 
hands & a pare gloves, 3s. ; 2 pr. gloves more & 2 pare mitiens, 5s. ; 
9 newfoundland lines, 13s. 6d. ; a barrill meckrill. Hi. 5s. ; a Coat 
his man had, 15s. ; a hancherker, a capp, 2 ould neckcloths, & a 
capp, Is. 6d. ; a peare of boots, 6s. ; a kittell, 2s. 6d., a bead sacke, 
3s., 5s. 6d. ; a cheste. Is. 6d. ; total, £9. 14s. 

tinventory of the estate of Isable Babson of Glositer, taken, 
Apr. 9, 1661, by Samuel DelaberJ and Phillip Stainwood,t and 
sworn to in court by James Babson, before Hilliard Veren,| cleric : 
" The vallue of those lauds and goods com to twenty seven pounds 
& six shillings." 

^Autograph. 



1661] RECORDS AND FILES 303 

the said widow, not bringing in an inventory of the estate of her 
husband Kirtland, deceased, according to law, was liable to a fine 
of 51i. for every month's neglect, which the court respitted till the 
next General Court.* 

*John Kyrtland, aged about fifty-two years, deposed that he 
often heard his brother Phillip Kyrtland say that his wife should 
have all his property as long as she lived, and he gave 151i. to his 
daughter, Mary, and lOli. each to his daughters, Sarah, Susanna 
and Hanna, at the day of marriage. The land was not to be sold 
as long as she lived. Sworn, 13 : 5 : 1657, before Thomas Mar> 
shall,! commissioner. 

William Harker of Lyn, aged about sixty- five years, testified 
that when Phillip Kartland of Lynn was going to sea, he told him 
that he had left an estate in the hands of his wife, Alice Kartland, 
etc. Sworn in court. 

" Inventory of the moveable estate which Evan Thomas hath 
and doth enjoy with and by Alice his now wife ; Taken before 
marriage:" Four Cowes, 41i. pr. peece, IGli. ; 2 steers of 2 3'-ear 
and vantage at 31i., 61i. ; 2 mare colts of a year and vantage, 1611.; 
2 smale swine, 16s. ; 11 wethers and ewes at 14s., 71i. 14s. ; Lambs 
at 8s. p. pc, 21i. ; 57 yds. of Cloth of Cotton and sheeps wool at 
3s. 6d., 91i. 19s. 6d. ; 19 yds. 1-2, at 22d. p. yd., Hi. 15s. lOd. ; 2 
yds. 1-2 of Cotton and lyuing cloth at 3s. p. yd., 7s. 6d. ; 18 yds. 
of Searg at 6s. 6d. p. yd., 5 li. 17s. ; one peece of Penistone, lis. ; 
6 yds. of penistone at 4s. 6d. p. yd., Hi. 7s. ; 2 yds. of stuff at 4s. 
p. yd., 12s. ; 2 peeces of stuff at 21i. 4s., 21i. 4s. ; peece of stuff 

and a peece of tammie, 14s. 6d. ; yds. 1-2 of Satinesco at 6s. 

p. yd., Hi. 13s. ; one mantle at 26s., 8 yds. of dimity at 2s. 6d. p. 
yd., 21i. 6s. ; Cards of Lace, 8s. 6d., 13 oz. of silke, 2 — — 6 maks, 
21i.9s. ; Fine sheets, 35s. ; one paier of sheets, 20s. maks, 21i. 15s. ; 

table clothes and one hand towel, 19s. ; yds. of narrow hol- 

lond, 9s., one yd. of Lawne, 12s., Hi. Is. ; yds. of Carpetting, 

lis. ; for fine white threed, 12s., Hi. 3s. ; smale deskes, 6s., 2 

paier of scales and wights, 16s., 2 pillow-beers, 30s., one paier of 
sheets, 30s., 31i. ; yds. of Cloth, 8s., 8 towels and a board- 
cloth, 12s., Hi. ; napkins, 6s., 2 pillowbeirs, 8s. ; one fether bed & 
pillow, 31i. 6s., 41i. • fether bolster, 10s., a paier of old sheets, 6s., 
16s. ; a pillow and bolster, 7s. 6d., a green rug, 30s., a blanket, 10s., 
21i. 7s. 6d. ; one old covled, 20s., Curtaines and vallence, 30s., 21i. 
10s. ; a blue rug and a blanket, 12s., a paire of Corse sheets, 8s., 
1 li. ; an old flock bed, 12s., a chest, 12s., a press, 25s., 21i. 9s. ; a 
bedstead, 10s., Indean matts, 6s. 16s. ; Cotton yarne, 6s., 401i. of 
wool and lether, 31i. 6s. ; an old rug, 5s., ginger, 25s., Coppris, 20s., 
milsacks, lis., 31i. Is. ; pewter flagons, platters, & other pewter, 

t Autograph. 



304 SALEM QUARTERLY COURT [June 

Benjamin Woodrow petitioned the court to respit his fine of 40s., 
and the court ordered that it be respitted until they take further 
order.* 

Mr. Thaddeus Kedding, of Lyn, was licensed to sell strong 
waters by the quart out of doors, as other shopkeepers did.f 

Mr. Phillip Nelson granted costs in action brought by Thomas 
Perry, who did not appear to prosecute. { 

Administration upon all of the estate in New England of John 
Humphries, Esq., was granted to Mr. Joseph Humphries, his son, 
and Mr. Edmond Batter, who gave bonds for lOOli. 

The town and military company of Kowly, having chosen Samuell 



51i. 10s. ; a brass kettle and other implments of brass, 41i. ; Iron 
potts and kettls and other things, 51i. ; Sword and bandalears, 13s. 
6d., a bridle bitt and pannel, 7s., Hi. 6d. ; several wodden things, 
28s., 2 Charaberpotts & a cass of Bottles, 10s., Hi. 18s. ; Chaiers, 
8s., 300 1-2 of board and a spade, 17s. 6d., Hi. 5s. 6d. ; ladder & 
a hoe, 8s. 6d., a wheelbarrow wheele, 2s., and other things, Hi. 8s. 
6d. ; load of hay, lOli. ; one peece of Cotton Cloth, 19s. 3d. ; one 
billon Samuel Bennet, 21i. 45s.; due in Iron potts from John 
Hiryn, 21i. 5s. ; 5 wedges, 2 beetle rings, one spit, a drippin pan, a 
dung fork, a Iron barr, a blanket and other things. Hi. ; in money, 
lOli. ; on bill on Ambrose Cowley, Hi. ; total, 16011. 14s. Id. ^ The 
following was annexed and entered and recorded, Apr. 29, 1661, by 
Edw. Rawson,§ recorder : The house and farm with the apurt- 
nances, IBli. ; in wheat, 51i. ; four dussen off napkins, 61i. 5s. ; to 
a bill by John Frances, Hi. ; to severall debts owinge to ye estat 
not pd., . Sworn in court, by Alee Thomas, late wife of Phil- 
lip Kertland, deceased, before Hillyard Veren,§ cleric. 

*Benjamin Woodrow petitioned the court that " whereas the last 
Midsummer Court I was (for my miscarriage) censured by your 
Worships to pay a fine of 4 pounds halfe whereof was then to ||be|| 
payd the other halfe respited for twelue months These ar to 
entreate your worships to take the cause of your poore petitioner 
into your serious consideration, who hauinge w^^^ much difiiculty 
payd the first 40s., cannot se any possible way how he could be 
able to pay the other in regard of his pouerty, hauing a wife & 2 
smal children & nothinge where with to relieue them but my day lie 
labour," etc. 

tLicense of Mr. Thadeus Riddan, dated, June 26, 1661, and 
signed by Thomas Marshall,§ John Fuller,§ Allen (his mark) 
Bread, and John Hathorne,§ selectmen of Lynn. 

+ Mr. Phillip Nelson's bill of costs, Hi. 14s. lOd. 

§ Autograph. 



1661] RECORDS AND FILES 305 

Brocklebank as Lieft. and John Brocklbank as an Ensign, court 
confirmed the choice.* 

There being several men appointed at Ipswich court last Septem- 
ber to view a highway between Kowly and Newbery, who made 
their return at the last Ipswich court in March, which report was 
not accepted, the matter was brought to this court, where it was 
accepted and confirmed. Court ordered a bridge to be made over 
Newbery river, to be built by Ezekiell Northin and John Pickard, 
for 401i., payable when the bridge is built, provided it be a suffi- 
cient horse bridge six feet wide. 

Tho. Newell and Matthias Farrington, upon complaint of Tho.. 
Wheeler for pernicious lying, were dismissed, all parties promising: 
that the differences between them should be settled. 

Tho. Fisk took the oath of freeman. 

Willf of James Smith was brought into court by his wife, and 

* William Acie J and Samuell MighellJ certified that the "sol- 
diery of rowley with the freemen and householders have Legally 
chosen our beloued Sameul Brocklebank for the office of a leften- 
ant and his Brother John Brocklbank unto the office of Insigne 
Among us." 

fWill of James Smith of Marblehead was proved 27 : 4 : 1661. 
He bequeathed to " mary Smith my wife, all that my farme called 
Castle hill, w**' ten acres in the South field bought of Joseph Graf- 
ton, and now in the hands of Samuell Cutler, during her Life if 
shee remayne So Long a widdow, & at the day of her death, or 
marriag w'^'^ shall first happen, then I giue it to my son James 
Smith : but it is to be vnderstood Richard Rowland my son in Law 
hath ten pound & in the first purchase of Castlehill ; Item I giue 
vnto my wife my house & land in marblehead bought of Erazmus 
James & all my share on the farme bought by marblehead of maj' 
wm hathorne dureing her life or widdowhood & after her death or 
maeriag w*'*^ shall first happen to my son James Smith, & my will 
is that after the Death of my son James that this shall desend to 
James his Eldest son : Item I giue vnto fay wife all my houshold. 
goods w*^in Doors, to her, & her heires for euer, & also 4 of my 
Cowes. Item I giue vnto Kathren Eburne my Daughter my six 
Oxen in the hand of Samuell Cutler, Item I giue vnto mary 
Eburne, my Grandchild Twenty pounds, w*"» I order her father ta 
Dispose of & improue for her good, vntill her Day of marriag, or 
Twenty one yeares : Item I giue to the other fine Children of my 
Daughter Eburne fine pounds apeece to be improued by the father 
as abouesaid; Item, I giue vnto my Daughter mary Rouland the 

:|:Aatograph. 



306 SALEM QUARTERLY COURT [June 

was allowed, as was also an inventory,* amounting to 5921i. Is. 

Thomas Abbot was allowed costs in an action brought against him 
"by John Carr and John Barnard, who did not appear to prosecute. 



oxe w"*" I now yoak w**> one of her husbands ; Item I giue vnto my 
Grandchild Samuell Rowland ten pounds if he be liueing at the 
Day of ray Death, or else the ten pounds to be Devided in equall 
shares betweene his Brothers, & sisters, Item I giue vnto my 
Daughter Rowlands other three Children fine pounds apeece to be 
improued for their good vntill they come to Twenty one yeares, or 
marriag, by the ouersight of the ouerseers of this my Last will ; 
Item I apoiut mary Smith my wife my sole Executrix & I apoint 
my trusty Friend maj'' wm Hathorne, & my Son Samuell Eburne 
Ouerseeres of this my last will & doe giue vnto maj' wm Hathorne 
for his paynes ten pounds to be payed him out of a debt in John 
Deverix hands : And in wittnes that this is my last will I haue 
here vnto sett my hand, & scale the 9 : O^^"^ : 1660 " James (his 
mark) Smith.! Wit : Wm. HathorneJ and Samuell (his mark) 
Eburne. 

♦Inventory of the estate of James Smith of Marblehead, de- 
ceased, taken, June 25, 1661, by Francis Johnson J and Moses 
Mavericke, and proved, 27 : 4 : 1661, in Salem court : Nine milch 
Cowes, 451i. ; 1 steer, three years ould, 51i. ; 1 bull & 2 heafers, 
two year ould, 71i. ; 5 yearlins, 7li. 10s. ; 7 ould sheep & 3 lams, 
41i. 5s. ; an oxe, 81i. ; 6 oxen, 361i. ; a mare & Coult, 171i. ; 4 swine, 
41i. ; His house & land at Casteel hill, wth. 10 Akers more pur- 
chessed of Mr. Gott ajoyninge, 12011. ; 1 Aker of marshe at For- 
esst river, his pte in the farme purchessed by the men of Marble- 
head, 36li. ; his dwelinge house & land in Marblehead, llOli. In 
the parlor : A bedd with all its furniture, lOli. ; a Cubbard, 21i. ; 
a table & 4 Joynt stules, Hi. 5s. ; 3 Chares, 15s. ; a cheste, 10s. ; a 
warminge pann, 5s, ; one sute as breches & Coat, 21i. 5s. ; 4 yds. 
kersey at 7s. p. yd.. Hi. 8s. ; 8 yds. sarge at 6s. p. yd., 21i. 8s. ; 4 
yds. kearsey at 6s. p. yd., Hi. 4s. ; 15 yds. water parigan at 3s., 
21i. 5s.; a stuff Coat of his, 10s. A brass kittill pott & skillet, 
21i.* 10s. ; an Iron Kittell, 12s., a friing pann, 2s., 14s. ; an Iron 
pott & skillett, lis. ; pewter, Hi. 4s. ; tubs, milke vessell & other 
Lumber, 21i. ; a bedd, bedsted, Rugg, blanketts & pillows, 51i. ; 
Lisburn ware, 10s. ; a settell & Chare table, 9s. ; a table, a bine, 3 
pailes, 8s. ; a dripinge pann, smothinge Iron & gridiron, 8s. ; 
tongs, fire shovell & tramells & spitt, 8s. In the Chamber : A. 
bead, '2 Rugs, 2 blanketts, 31i. 10s.; 2 blanketts, 20s, new cloth, 
15s.,' Hi. 15s. ; 8 peare of sheets, 61i. ; 1 peare of pillobeers, 2 
tabiecloths, 14s. ; 10 bushells Indian corne, Hi. 10s. ; a smith's vise 
wth. other tules. Hi. 10s. ; total, 45711. Is. ; more in debts one 
ackeer Accompt as the widdow Apprehends, 381i. ; total, 49211. Is. 

tSeal. t Autograph. 



1661] RECORDS AND FILES 307 

John Carr, servant to Mr. Symond Bradstreet, complained of for 
theft and other misdemeanors, was fined 50s. for damage to his 
master, and was bound to good behavior. Anthony Crossby, 
surety.* 

♦Warrant, dated, 7:3: 1661, for the arrest of John Carr for 

stealing several things as piggs, capons, mault, bacon, butter, eggs, 
etc., and for breaking open a cellar door in the night several times ; 
signed by Simon Bradstreete ;t and served by Thomas Chandler,f 
constable of Audover. 

Margarett Russe, aged about forty-one or forty-two years, deposed 
that about a month after this time last summer, John Carr brought 
a leg of a fowl roasted to her house, and said it was the leg of a 
capon, which she at first had some scruples about taking. After- 
wards she and her husband ate it, and she gathered up the feathers 
a little below their house and blamed him for spoiling the creature. 
Deponent also said that one night last summer about midnight, 
said Carr and another person came into their house and brought 
some victuals with them, and when deponent asked where they 
obtained them, one of them answered that they met with them by 
the way. In the morning she found fourteen eggs which they left 
there and going to Mr. Bradstreete's house the next day, she found 
that the maid had missed them, together with some butter, and 
said her mistress would be angry. Deponent took them home again 
and aftervs^ard told Carr of it, who blamed her for it and said he 
would have them again. Deponent further testified that Sam. 
Martin came to her one morning and told her that John Carr 
would have her dress that pig which lay in the sheep house, which 
she did. Some of it was carried to the meadow and the rest was 
eaten at her house. She said the pig was a very large one and 
very fat. Carr threatened them if they testified against him, which 
made them afraid to tell what he said. Carr further said that what- 
ever he was held in, five, ten or forty pounds, he did not care, that 
Mr. Bradstreete should get nothing by it. Deponent further testi- 
fied that Jo. Carr brought some malt to their house when she and 
her husband were in bed and carried it up into the chamber, she did 
not know how much there was of it. Sworn, 24 : 4 : 1661, before 
Simon Bradstreete. f 

George Abbott, sr.,t aged between forty and fifty years, deposed 
that he was at Mr. Bradstreete's house one time when Jo. Carr came 
home from the meadow with a load of hay. There was a good meat 
pottage on the fire for his dinner, and after his mistress sent out 
some meat, both roast and boiled, Carr took up ashes or coals, which he 
threw into the skillet, where there was bread, and then bade the maid 
take them away, saying that he would not eat them because coals 

tAutograph. 



308 SALEM QUARTERLY COURT [June 

i 

had fallen into them. Said Carr told deponent last winter that 
when his time was out with Mr. Bradstreet, he would board with 
him, and give him two days' work in fair weather for a week's diet, 
during the summer, for he was as well kept as ever he was in his 
life and considered it as good a house of diet as any in the country. 
Deponent spoke to him about his tricks, telling him that they 
might cost him his year's wages, and Carr replied that if his mas- 
ter went to work that way it would cost him the best ox or horse 
he had, for he would go into the woods and kill forty pounds 
worth of cattle, though he lived forty miles away, and his master 
would never be able to prove it. Sworn, 24 : 4 : 1661, before Simon 
Bradstreete.* 

John Bernard, aged about eighteen years, deposed that the night 
that Mr. Bradstreete's wheels were run into the swamp, he saw 
three men come by their house at dark, going toward Mr. Brad- 
streete's, whom he thought were Jo. Carr, Tymothy Steevens and 
Steven Osgood, because he had seen them go into Henry Ingolls 
house a little before night, and they came from that way afterward. 
Sworn, 24 : 4 : 1661, before Simon Bradstreete.* 

Nathan Parker testified that he heard Mr. Brodstreet in April, 
1660, speak very well of John Carr, saying that he was one of the 
best servants for work that he ever kept. Deponent also testified 
that John Carr said, in April, 1660, that Mr. Bradstreet was as 
good a man as he ever lived with, and was a father to him. Sworn 
in court, 27 : 4 : 1661, before Hilliard Veren,* cleric. 

John Godfry testified that he saw John Carr bring a piece of 
raw bacon, about six pounds, to John Russ' house. Also that when 
threshing corn for Mr, Brodstreet, he missed corn in the sheaf 
several times out of the barn, and going out of the town, he met 
said Carr with a whole cheese, which Carr said he took out of the 
cellar house. Sworn in court. 

Elizabeth (her mark) Dane, daughter of Francis Dane, testified 
that being late in the evening milking, she heard a great rumbling- 
down the hill, which she saw the next morning were the wheels. 
She heard men come up a little while after from the hedge side, 
and one said that nothing could be proved, but she did not know 
who said it, etc. A night or two afterward, she told Steven Osgood 
that it would be best to put up the wheels again, and he said " let 
y™ turne y™ up that tumbled y™ downe." Sworn before Francis 
Dane.* 

John Ross, aged about twenty years, and Nickles Browne, aged 
about twenty -four years, deposed that when working with John 
Carr, they had seen him have bread for his dinner that was not fit 
to eat, it being black, furry, ropey and mouldy, etc. 

John Rus,* aged nineteen or twenty years, deposed that he saw- 
John Ker run after a pig among the bushes below their house and 

♦Autograph. 



1661] RECORDS AND FILES 



309 



come out with a dead pig in his hands, etc. Sworn, 20 : 4 : 1661, 
before Simon Bradstreete.* 

Hanna Barnerd deposed that about a year since, being in her 
father's lot near Mr. Bradstreet's barn, she saw John Carr throw 
sticks and stones at said Bradstreet's fowls, which ran into the 
barn, where she heard them cry. Carr threw a capon out through 
a hole in the side of the barn into the orchard. Then Carr called 
to Samuell Martin, who was at the other end of the orchard, to 
come to him, but John Bradstreet, being with Sam, followed him, 
and Carr took up the capon and threw it under a pear tree. Later, 
after they had all gone away, said Martin went back, took up the 
capon and carried it to the back of Mr. Bradstreet's orchard and 
toward the back end of the lot. Sworn, 24 : 4 : 1661, before Simon 
Bradstreete.* 

Steven Osgood* withdrew the attachment which he had caused 
to be served upon Tho. Abbott for false accusation, 24 : 4 : 1661. 
Wit : Simon Bradstreete.* 

Examination and confession of Steven Ossgood :* That on 
Wednesday, 5:4: 1661, about half an hour after daylight, John 
Carr, Tymothy Stevens and himself were walking in the street by 
Mr. Bradstreete's house, when said Stevens suggested that they run 
said Bradstreete's wheels down the hill, and Carr beckoned for 
Ossgood to go too. So they ran them down into the swamp, Stevens 
watching that no one discover them. An hour or two later, Carr and 
Ossgood took another wheel from Mr. Bradstreete's tumbrill, and 
ran that down, and brought an old wheel from Goodman Bernard's 
and put it on the said tumbrill, said Stevens not being with them. 
Sworn before Simon Bradstreete.* 

Martha Barnerd deposed that being in her father's lot, etc. 

John Russe, sr., aged about fifty years, deposed that when John 
Carr brought the malt to his house he told him " for god sake to 
carry it back againe," but he vowed he would not, and so went 
into the chamber and emptied it into a tub that had some malt in 
it, etc. Sworn before Simon Bradstreete.* 

Samll. Martin, aged about seventeen years, deposed and con- 
fessed that they roasted and ate the capon, which John Carr threw 
out of the barn, down in the pasture. One leg was carried to 
Goodwife Russe, wrapped up in walnut leaves. He and Carr in- 
tended to carry the pig, which they had killed, to the pasture, but 
as Mrs. Bradstreete came along, they threw it into the bushes. 
Goodwife Russe dressed it for them and made it into pies, some of 
which they ate there and some they carried to the meadow. They 
also carried malt to said Russe. John Carr killed another great 
pig in the lot near the ox house and carried it to the meadow, 
where they singed off the hair, roasted it and ate about half of it ; 
the remainder being not well roasted, the dogs ate it. When they 

* Autograph. 



310 SALEM QUARTERLY COURT [June 

Isaack Cooke, upon his petition to the court, had his fine of 50s. 
remitted.* 

Henry Phelps, appearing under bonds, to answer the complaint 
against him concerning his brother, Nicholas Phelps' wife, and no 
one appearing to testify against him, was discharged of his bond 
for appearance, but was still bound in lOli. not to accompany his 
brother's wife. 

Verdict of the jury in the case of Samll. Symonds, gentleman 
V. Will, Downing and Phillip Welch, his two servants : That if 
Mr. Dell's covenant be legal, they found service due said Symonds 
until May 10, 1663 ; if not, they found for the defendants. Court 

went to the meadow, they carried bacon, cheese, codlins, bread, 
etc., which he said was enough for a fortnight, yet the next night 
Carr came home with the mare and brought butter and eggs to the 
meadow, which he said he obtained by breaking the cellar door, 
running his foot against it. Deponent also said that Carr put him 
in at the cellar chamber window to cut off some bacon and that he 
often carried raw bacon into the field, when they had enough 
boiled, because he liked it better roasted. Carr said if they could 
get a great dog to put into the chamber to knaw the bacon, then 
they might cut off half a flitch and it would be thought that the 
dog did it. Carr at another time had Goodwife Eusse boil some 
bacon for him, when there was enough at home. Carr also said 
that if the sheep were at home he would have killed one of them, 
and he had a good mind to ride across the woods from the meadow 
to Goodman Ballard's, where the sheep went, but he thought 
somebody would see him, etc. Carr asked deponent if he had told 
his mistress about his actions, and Martin said that he had not. 
Then, said Carr, " if y" had 1 would haue knocked y" on the head." 
Carr also told deponent that when he lived with his master Jack- 
son, there were two or three other fellows who used to let him 
down the chimney with a rope into a room where he could get 
strong beer, cream, etc., and that he and another stole a great fat 
turkey from his master Jackson, which was fatted for said Jack- 
son's daughter's marriage, and roasted it in the woods, etc. Sworn, 
22 : 4 : 1661, before Simon Bradstreete.f 

*Henry Cooke's petition to the court in behalf of his son, Isack 
Cook : That whereas the court had imposed a fine of ten pounds 
upon said Isack Cook for hurt done by him, though accidentally, 
to Lieut. Lothrop, which tine he was not able to satisfy, nor his 
friends for him, considering that it was not a wilful act, said Cook 
asked that the fine be remitted, hoping that it would make him 
more careful in the future. 

■(Autograph. 



1661] KECORDS AND FILES 311 

adjudged the covenant legal, and ordered said Downing and Welch 
to serve their master until that date. Appealed to Court of As- 
sistants, but giving no bonds to prosecute, upon agreement of all 
parties, Welch and Downing were to serve Mr. Symonds until the 
next session of the Court of Assistants, and the latter was to 
allow them liberty to attend that court. 

Eachell Sibly, wife of John Sibly, deceased, brought in an in- 
ventory* of her husband's estate and was sworn. Amount, 521i. 
13s., clear estate. Said Rachell was appointed administratrix, the 
widow to have the property for the bringing up of the children. 

Danyell Poole was bound by this court as an apprentice to 
John Rowden of Salem, planter, for fourteen years and a half from 
June 27, 1661, who was to teach him to read, write, etc., according 
to the law in this country. 

John Fuller, chosen by the town of Lynn as ensign to the foot 
company, was confirmed by the court. 

Court ordered that the charges in the action between William 
Dodg and Roger Hascall in June, 1659, be divided between them. 

Court ordered Major William Hathorne to hear several present 
ments, for which the clerk was ordered to issue warrants, whenever 
the major could attend to it. 

Willi of Richard Browne, deceased, was presented and sworn to 
by Tristian Coffin. 



*Inventory of the estate of Jno. Sibly, deceased, taken June 24, 
1661, by Willm. Allen, Pasco Foot and Rob. Leach : One dwelling 
house with fifty Acres land, 151i. ; 4 Cowes & 1 heifer, 181i. ; 2 
oxen & 1 Bull, 181i. ; 1 hiefer & Calfe, 41i. ; 5 peggs or swine, Hi. 
10s.; pewter, Hi. 15s, ; Brass & Iron Potts, Hi. 10s. ; Bed & Bed- 
inge, 51i. ; Chest, bedsteed & Table, Hi. 10s. ; one thousand five 
hundred boards, 31i. 15s. ; total, 691i. 10s. Debts : To Mr. Willm. 
Brown, about lOli. ; Mr. Emory, 25s. ; Goodman Joanes, 15s. ; Ed. 
Batter, 41i. 153. ; other small debts, besides what we do not yet 
understand, 123. ; total, 161i. 17s. ; clear estate, 521i. 13s. "he 
left behind him a Widow & 9 fatherless Children 4 Boyes & 5 
girles : the Eldest daughter 19 years old, the next daughter about 
17 years : the therd daughter alDout 15 years : fourth is a son of 
12 years." Sworn in court by Rachell Sibly, the widow, before 
Hilliard Veren,J cleric. 

twill of Richard Browne of Newbury was proved by Tristram 
Coffin, June 24, 1661. He desired to 'be buried in the burying 
place in Newbury, and he bequeathed " to my Son Joshua Browne 

t Autograph. 



S12 SALEM QUARTERLY COURT [June 

Servants of Mr. Gedneye's house were allowed 6s. 

William Shackerly was complained of about the insufficiency of 

^hen he shallbe of the age of one and twenty yeares, all that par- 
se\l of my vpland and meadow that lyeth neere the little Riuer as 
it is now inclosed, and my fiue acres of vpland adioyneing to 
Goodm Smiths land, and my share of meadow, which I haue 
equally with Georg Little, vpon the little Riuer, and a mare colt 
and two calues and an ewe and my owne freehold for encouragment 
to line with his mother vntill he be of the aforesaid age. Secondly 
I giue to my Son Richard Browne the house and Lott I 
now dwell vpon with the Lott adioyneing to Robert Longs 
Land and that parsell of land adioyneing to Richard Pett- 
ingalls land || on both sides of the ware || with my eight 
acres of salt marsh lying in the great marsh betweene m""^ Cut- 
tings marsh and Thomas Bloomfeilds marsh, and my parsell of 
meadow adioyneing to the Land that Beniamin Roafe hath now in 
possession and the freehold which was Gyles Badgers which be- 
longs to mee, and he my Son Richard shall pay out of his share 
ten pounds to each of his three sisters within three years after he 
shall have the said premises in possession 3dly I giue vnto my Son 
Edmund Browne all my share of Land that belongs to mee which 
was formerly Joseph Carters that is to say halfe the plow land 
pasture and meadow with the house and barne that hath beene 
built by mee and halfe the preuiledg of freehold, both Richard and 
Edmund shall haue their Legacyes at their mothers decease but if 
their mother shall chaug her Condition and marry againe then they 
-shall haue their portions at the age of one & twenty years. 

" Also to my three daughters Elizabeth Sara and Mary I giue to 
each of them the summe of ten pounds to be paid out of my stock 
at the day of their marryage, and if my wife shall marry againe 
then the stock that I leaue in her hands shall be diuided among 
my three daughters aforesaid, according to the discretion of my 
ouerseers, and my wife shall haue the vse of the said stock vntill 
my daughters shalbe of age for the bringing of them vp, And 
whereas I am bound to leaue my wife worth threescore pounds, lu 
leiu of it I giue vnto her the thirds of my lands dureing her natu- 
rall life, and appoint her to be the sole executrix of this my last 
will and testament ; also I appoint her to pay John Badger his 
portion out of my estate and that my debts and funerall be dis- 
charged. Also the portion abouementioned to my Son Josua I ap- 
point it to be in full of what he shall haue out of my estate so that 
he shall neuer desire any more in relation of any thing given to his 
brother Joseph deceased by his vnkle George Browne deceased If 
either of my sons doe die before he comes to age then his land shal 
fale vnto the other two and if either of my dauters shal die before 
her marrage then her portion shal fale vnto my other two dauters 



1661] RECORDS AND FILES 313 

his barque, and the court commissioned several persons to view 
her.* 

Major Hathorn's determination about a difference of fence be- 
tween William Dodg and Roger Hoscoll was placed on file.f 

and if my wife chaing her condition by marrag then she shal give 
security to my ouersers for the paiment of my childrens portions. 
And I doe appownt my louing frinds Richard Kente and Nicolas 
Noyes and Robert Long my ouerseers to put in exicution this my 
wille and testament." No date. Richard Browne. J Wit: 
Tristram Cofi&nt and Joseph Noyes.J 

"Farther it is my will & desier that my louing frind Josef 
Noyce be one of my ouerseers aded to the other three before men- 
tioned." Wit : James Noyes| and Moses Noyes.J The latter 
made oath before Daniel Denison,J June 24, 1661. 

*** Upon Complaint of William Shakkerley Master of the Barke 
Hopewell of Plymouth in Old England, (who haue made a Fish- 
ing Voyage heare in N : E) of the Insufficiency of the said Barke 
for y® performance of her Intended Voyage to Newfoundland, 
■whether shee is bound, this Court Commissionates M"^ William 
Hollingworth, Robert Lemman, Richard More, William Charles of 
Marblehead, Masters ; Also John Beckett, Erasmus James and 
Richard Rowland, Ship-Carpenters, to view the said Barke, and 
Examine the Euidences, Concerning her Sufficiency for her said 
Voyage, and so to make a true Retui-ne under their hands within 
one month next following unto Maj"" William Hathorne or to y* 
Commission^ of Salem." Brought into court, June 27, 1661. 

Writ : Mr. William Shackerlie v. John Gosse, Michell Combe, 
Edward Foster, Henry Russell, John Lucom, Nicolas Lucome, 
John Fryer and John Harte ; for damage done by them on a fish- 
ing account, in coming away from Monhigon before the voyage was 
completed, without said Shackerly's consent ; dated, June 11, 1661 ; 
signed by Francis Johnson, $ for the court; and served by Will, 
(his mark) Nick, constable of Marblehead. 

fCopy of Salem Court record, 28:4: 1660, in action of Wil- 
liam Dodge V. Roger Haskall, for not maintaining fence according 
to agreement. Verdict for plaintiff, the defendant to maintain the 
fence. Copy made by Hillyard Veren,{ cleric. 

Wm. Hathorne,J chosen as arbitrator in this case, 4 mo: 1659, 
to settle all differences about a parcel of fence of 110 rods, run- 
ning from the bridge or causeway over the country way from 
Salem ferry to Ipswich, to or near the rock in Salem common, deter- 
mined, 29 : 4 : 1661, as follows : That W^illiam Dodge should make 
15 rods of fence, beginning at the upper end of the land now in 
possession of Roger Hoskell, and so downward toward his house, 

JAutograph. 



\ 



314 SALEM QUARTERLY COURT [June 

At a court held by Major William Hathorne, 2:7: 1661, Eliza- 
beth Skinner, presented for being drunk several times, was fined, 
and Mr. Johnson promised to pay the fine ; Danyell Sothwick, the 
wife of Josiah Sothwicke and the wife of Richard Gardner were 
fined for absence from the public ordinances on the Lord's days 
from June to November, 1660. 

Edward Gaskin, John Bly, Henry Skerry, John Neale, SamlU 
Eborne, Nathanyell Fellton, John Northy, Goody Bowen, Goody 
White and Alls Codner were allowed witness fees. 

Court held at Salem, June 28, 1661. 

Samuell Gaskin, presented for absenting himself from the 
public ordinances on twenty-four Lord's days, was fined, upon his 
confession. 

Wife of Nicolas Phelps, presented for saying that Mr. Higgeson 
sent abroad his wolves and his bloodhounds amongst the sheep 
and lambs, and that the priests were deceivers of the people, was 
fined or to be whipped. William Flint promised to pay the fine.* 

Michaell Shaflin, Sarah, wife of Robert Stone, Ann, wife of An- 
thony Needham, John Small, Philip Veren, the wife of Robert 
Buffum, the wife of Nicholas Phelps, the wife of John Sothwick, 
the wife of George Gardner, the wife of Samuell Shattock, Sam- 

and Roger to make all the rest to the causeway. All the land of 
said Hoskell's adjoining to the south was bound for the performance 
of this agreement. Further, William Dodg was to make 15 rods more 
beginning at the upper end of the 15 rods formerly mentioned, and 
so to run toward the rock, which is against the land now in the 
occupation of Daved Thomas. This land was formerly Roger 
Hoskell's, given him by John Harding, his wife's father, and was 
bound the same as the foregoing. 

*Hanna, wife of Nicolas Phelps, presented. Wit: Thomas 
Flint and John Upton. Summons served, June 28, 1660, by Tho. 
Roots and Tho. Gouldthyte, who made return that they could not 
find her. 

Thomas Flint and John Upton testified that coming in to Heuery 
Phelpes' house on a Sabbath day evening, spring was a twelve- 
month, they heard Hanna Phelpes, wife of Nickoles Phelpes, say 
that Higgeson had sent out his wolves apace. John Upton asked 
her if Mr. Higgeson sent the wolves amongst them to kill their 
creatures and she answered, the bloodhounds, to catch the sheep 
and lambs. Sworn in court. 



1661] RECORDS AND FILES 315 

uel Salmon and Provided Sothwick, presented for absenting them- 
selves from the public ordinances, were fined.* 

Hanna, daughter of John Burton, Damaris, daughter of Joseph 
Pope, the wife of Joseph Pope and the wife of Tho. Gardner, sr., 
were convicted and ordered to pay fees. The wife of John Kitchin 
was dismissed. 

Phillip Veren, the wife of Robert Buffum, John Smale, Samll. 
Gaskin, Samll. Salmon and the wife of Thomas Gardner, sr., pre- 
sented for being at a Quakers' meeting, were fined. f 

William Curtis, presented for stealing, was fined. J 

*" Mr. Clarke — These ar to certify you that there was a mistake 
in the presentinge of the wife of John Smal, for I doe understand : 
(by conference w*^ her selfe) that lamenesse & deafnesse was the 
cause of her absence & I haue seen her of late at the meetinge. 
Nathaniel Felton."§ 

fSummons, dated, May 23, 1661, to Samuell Gaskoyne, the wife 
of Nicholas Phelps, Michaell Shaflin, Katherin, wife of William 
King, Sarah, wife of Robert Stone, Hannah, daughter of John 
Burton, Damaris, daughter of Joseph Pope, Ann, wife of Anthony 
Needham, John Smale and his wife, Phillip Veren and his wife, 
the wife of John Kitchin, the wife of Robert Buffum, the wife of 
Joseph Pope, the wife of John Sothwick, the wife of Mr. Thomas 
Gardner, sr., the wife of Richard Gardiner, the wife of Georg 
Gardner, the wife of Samuell Shattock, the wife of Robert Wil- 
son, Samuell Salmon, William Marstone, Dauyell and Provided 
Sothwicke, to appear to answer complaint for absence from meet- 
ing. Also to witnesses Thomas Flint, Jon. Upton, Henry Skerry, 
John Neale, Samuell Ebborne and Nathaniell Felton. 

Summons, dated, May 23, 1661, to John Smale, sr., Phillip 
Veren, the wife of Robert Buffum, Samuell Gascoyne, Danyell 
Sothwick, Samuell Salmon, the wife of Mr. Tho. Gardner, sr., 
and the wife of Richard Gardner, for being at a Quakers' meeting 
on the Lord's day. Also to witnesses, Edw. Gasckoyne and John 
Bly. 

Summons, dated, May 23, 1661, to Nicholas Deckaine, for living 
from his wife, and witnesses, Henry Herick and Henry Skery ; to 
Richard Midelton, for stealing a scarf and bridle bit, and wit- 
nesses, Bethiah, wife of Joseph Hutcheson, Richd. Hucheson and 
John Putnam; to Nathanyell Patry of Bass River side, for ab- 
sence from meeting, and witnesses, Richard Stackhouse, Tho. 
Chubb and Avice Chubb. 

J Presented for stealing a parcel of timber from Francis Collins 
and lying about it. Wit : Christopher Waller, Richard Sibly and 

§Autograph. 



316 SALEM QUARTERLY COURT [June 

William Wiseman, presented for being drunk, multiplying oaths 
and abusing his owner and his company, was fined.* 

Zachary Herricke. Summons to constable of Salem, May 23, 1661, 
signed by Hillyard Veren,t cleric. 

Christopher Waller, aged about forty-one years, deposed that 
some of the timber that he helped to hew and saw for Frances 
Collens, four rafters belonging to a white oak stock sixteen feet 
long, he saw at William Curteses new frame. How they came 
there from the pit where they were sawed, deponent did not 
know. 

♦William West, aged about thirty years, deposed that, being in 
Boston, he saw Williame Wisemane overtaken in drink. Also, by 
the owner's order, " I geett A man A Boeard Mr. Graftone ketch, 
when I Came Back Againe A Boeard of ouer owen ketch that the 
said wise mane forewarnd me nott to Come A Boeard if I did upon 

my owne perrill B itt fore hee swore severall othes that bee 

whould pistoU me ore knocke mee in the head, farther saith that 
geetting A Boeard I Receiued A Blow from hime which Blow I 
haue Laen under the Docttors handes euer Seinsce I Came home." 
Sworn in court, before Hilliard Veren,t cleric. 

James Underwood, aged about fifty years, deposed that he was 
in Boston with his ketch and saw said Wisemane drunk. The lat- 
ter called him rogue and dog, and threatened to knock him in the 
head, as he was informed by one of his company. Sworn in court. 

The will of William Witter, dated, 5:6: 1659, was proved in 
June, 1661. He bequeathed to " my wife Annis halfe my lands, 
housing and chattels : but in case she chang her name, I bequeath 
to her but the thirds : and to my sonn Josia I giue the other halfe 
of my lands, housing, and chattels : but in case my wife mary, 
then I bequeath a duble portion to my sonn Josia and his mother 
my wife shall haue but the thirds, as aforesaid, prouided that my 
sonn shall not sell this his inheritanc, but in case hee die w*'^out 
issue : then I will that this inheritanc shall be instated upon Rob- 
ert Burdin and my dafter Hanna, for there posteritis. I will my 
dafter Hanna Burdin shall have a ew, and lamb this time twelfe 
mounts and I will that my wife Annis bee my sole executor." 
William Witter.f Wit: Robert Driverf and William Harker.f 

Inventory of the estate of William Witter, taken, 15 : 9 : 1659, 
by Robert I)river,t William Harkert and Francis (his mark) In- 
gols : His aparrill. Hi. ; in ye hall, one bed and that which be- 
longs to it, 21i. ; in ye parler, one bed & that which belongs to it, 
51i. ; a peec of carsie of foure yards, Hi. 6s. ; a chest, 4s. ; three 
pare of shets with other linins, 31i. 10s.; a warming pan, 5s.; in 
puter, 15s.; in bras, 10s.; an Iron cettle, tow pots and a scellet, 
21i. ; a f riing pan, spit & pothooks, 10s. ; tow hoogs, barrils & a 

+Autograph. 



1661] RECORDS AND FILES 317 

Eichard Haven, presented for breach of the peace, was fined, 
upon his confession. 

salting trough, 6s. ; three trays, thre poles and a cimmitt, 6s. ; tow 
whels & tow pare of cards, 10s. ; churn, dishes, spouns & trench- 
ers, 6s. ; in wool & flax, 10s. ; wheat, inde come & pese, 31i. 10s. ; 
in hay, 41i. ; cart & whels & plough & chains, wth. things belong- 
ing, 31i. ; a pare of oxen, 131i. ; thre cous, 141i. ; in a mare, 61i. 
10s.; swine, 21i. 12s.; housing & land, 661i. ; total, 1321i. lis. 
Sworn by Anis Witter, in court at Salem, 23: 4 : 1661, before 
Hilliard Veren,* cleric. 

Inventory of the estate of Benjamin Belflower, who deceased 
Feb. 24, 1660, taken, Mar. 16, 1661, by Robt. Moulton* and Henry 
Phelps :* Nineteene Acres of Land, 91i. 10s. ; houshold stuff e, 
41i. 10s. ; By Bill, 41i. ; serge, 18s,; cotten wooll, 7s. Debts: To 
my father, lOli. ; to Goodman Martin, 31i. 

Summons to John Saleare of Wenham, dated, 25: 4 : 1661, to 
answer complaint for entertaining persons in his house contrary to 
law, and signed by Hilly ard Veren,* cleric. Also to witnesses, 
Richard Coye and Tho. White. 

Writ : John Bointon v. Thomas Willet, William Tower and 
Gabriell, servant or apprentice to Daniell Turell ; battery, for shed- 
ding blood, and also for striking him several blows with the great 
end of a gunlock ; dated, May 21, 1661 ; signed by Jonath Negus,* 
for the court ; and served by Rich. Wayte,* marshal of Suffolk, 
who committed them to prison. 

Writ : John Lambert v. Mr. John Carlton and Mr. Philip Nel- 
son, executors of the estate of Mr. Joseph Jewett, late of Rowley ; 
debt for corn and cattle ; dated, Apr. 23, 1661 ; signed by Robert 
Lord,* for the court ; and served by Robert Lord,* marshal, by at- 
tachment of seven cows of defendant. 

Writ : Philip Nellson, Jerimiah Jewett and John Carlton, exec- 
utors of the estate of Mr. Joseph Jewett v. John Newmarsh ; debt 
of lOOli. ; dated, June 13, 1661; signed by Robert Lord,* for the 
court; and served by Robert Lord,* marshal, by attachment of 
two barrels of pork, fifty bushels of wheat, thirty bushels of In- 
dian corn, two cows and pasture land of defendant. 

Writ : John Newman v. Clement Coldam ; debt ; dated, May 27, 
1661 ; signed by Robert Lord,* for the court ; and served by Rob- 
ert Lord,* marshal, by attachment of two cows. 

Writ : Mr. Edmond Batter v. Edmond Bridges ; debt ; dated, 
June 12, 1661 ; signed by Hillyard Veren,* for the court ; and 
served by John Wildes,* constable of Topsfield, by attachment of 
about eight acres of land and two acres of wheat. 

Writ : Clement Coldam v. John Newman ; slander, for saying 
that he was a liar and could prove it ; dated. May 27, 1661; signed 

•Autograph. 



318 SALEM QUARTERLY COURT [June 

Fined by Major Hathorne : 

Robert Temple, on 31 : 8 : 1660, for two oaths and for base and 
railing speeches against Mrs. Gedney and her daughter, Hana Clark ; 
and, on 18 : 11 : 1660, for railing speeches against Mary Bishop. 

John French, on 25 : 1 : 1660, for stealing from the wife of John 
Gardner. 

These fines entered according to the original copy given into 
Salem court, 25 : 4 : 1661, by Hillyard Veren, cleric. 

by Eobert Lord,* for the court ; and served by Eobert Lord,* 
marshal. 

Writ: Elizabeth Archer, attorney to her husband, Henry 
Archer v. Thomas White; debt; dated, June 18, 1661; signed 
by Robert Lord,* for the court ; and served by Robert Lord,* 
marshal, by attachment of a parcel of land, with the corn on it. 

Writ : Thomas Perry v. Mr. Philip Nelson, Mr. John Carlton 
and Jerimiah Jewett, executors to the estate of Mr. Joseph Jew- 
ett ; non-performance of an agreement by Mr. Joseph Jewett to 
free and discharge him of his creditors, for which he received an 
estate of said Perry; dated, May 27, 1661; signed by Robert 
Lord,* for the court ; and served by Robert Lord,* marshal, by 
attachment of part of the farm of Jeremiah Jewitt and the land 
and orchard about the house of Mr, Phill. Nellson. 

Writ : John Jackson v. John Newman ; slander ; dated, May 
29,1661; signed by Robert Lord,* for the court; and served by 
Robert Lord,* marshal, by attachment of house, land, and two 
cows of defendant. 

Writ : John Wooddam, in behalf of his servant, John Smith v. 
John Newman ; battery, for striking said servant; dated, May 21, 
1661 ; signed by Robert Lord,* for the court ; and served by Rob- 
ert Lord,* marshal, by attachment of two cows of defendant. 

Venire for Wenham, Salem and Lynn jurymen, dated. May 23, 
1661, and signed by Hilliard Veren,* cleric. Constable of Lynn 
returned the names of Mr. Daniell Kinge, sr., Capt. Tho. Marshall, 
Mr. Olliver Purchis, Mr. Nath. Hanford and John Witt, who were 
chosen June 9, 1661, at Lynn town meeting, for the petty jury. John 
Pollin,* constable of Wenham, returned the name of Robert Cowing. 

Warrant to Cornelius Kent, to appear on complaint of his mas- 
ter, John Whipple, for not serving out his time, according to in- 
denture ; dated, June 19, 1661; and signed by Daniel Denison.* 

John Warner, aged about forty- five years, deposed that the last 
Monday, John Whipple bade his servant, Cornelius Kent, go to 
work, and he replied that he would not, because he would be gone, 
and immediately went away. Sworn, June 20, 1661, before Daniel 
Denison.* 

♦Autograph. 



1661] RECORDS AND FILES 319 

Court held at Ipswich, Sept. -, 1661. 

At the time set for this court, there being present but two mag- 
istrates and no commissioner, on this day and the next, those who 
had business with this court refused to allow their actions to be 
tried, and it was declared to be no court. 

Moses Pengry, John Whipple, Joseph Jewett and John Person, 
the committee appointed upon the matter of the highway from 
Ipswich to Newbury, reported that they had held a meeting, and 
with a committee from Newbury, had viewed the way which New- 
bury men propounded to the court. They found that there must 
be two bridges and a great deal more of marsh to mend on this way 
than there would be on the other. The committee of the three 
towns agreed that if this way, which they now showed, were a mile 
nearer, they would propound this way to the court to be estab- 
lished as a country highway ; and if it were not a mile nearer, or 
within five or ten rods of a mile, the other way should hold. It 
was measured, and found to be but 130 poles nearer, and, consid- 
ering the charge would be greater this way than the other, they 
judged that the way near Rich. Thurill's bridge would be most 
convenient for the country. 

Humphry Griffen, dying intestate, administration upon his estate 
was granted to his widow, Elizabeth, Nov. 19, 1661, by Mr. Sam- 
uell Symonds and Major Genii. Denison. It was ordered that an 
inventory be brought into the next Ipswich court. 

Court held at Salem, 26 : 9 : 1661. 

Judges : The Worshipfull Mr. Simond Bradstreete, Mr. Samll. 
Symonds, Major Generall Danyell Denison and Major. Will. Ha- 
thorne. Assistant. 

Grand jury : Nathanyell Putnam, Ensigne Wm. Dixy, Frances 
Lawes, Nicholas Potter, Frances Skerry, Joseph Hucheson, Tho. 
Golthwrite, Frances Ingolls, Wm. Craft, Wm. Clearke, Richard 
Moore, Richard Kemboll, Christopher Lattamore and John Nor- 
man. 



Joseph Whipple* deposed that his brother's man, Cornelius 
Kente, told his master that his time was out and he would not 
work, and went away until afternoon. 

•Autograph. 



320 SALEM QUARTERLY COURT [Nov^ 

Jury of trials : Mr. Henry Bartholmew, Samll. Gardner, Nathll. 
Pickman. Richard Leach, Samuell Corning, William Dodge, John 
Kitchin, Richard Johnson, Richard Haven, John Collens, Richard 
Coye and John Peerce. 

Civil cases : — 

William Beale, attorney to Christopher Hobbs v. Mr. Peeter 
Oliver, being in partnership with Mr. Belveile in the year 1659. 
For withholding a debt of 261i. in sterling money of England, 
with damages, due upon a fishing voyage to said Hobbs, according 
to attachment. Withdrawn. 

John Hart v. John Lacum and Walter Munjoy. For withholding 
his third part of five barrels of mackerel, which were in partner- 
ship among them, upon the last fall voyage. Withdrawn.* 

John Legg was sworn constable of Marblehead. 

William Browne, constable of Gloster, was fined for not making 
return of the jury of trials. 

John Burton v. John Porter, sr. For taking up a young mare, 
branding her and keeping her in his possession without leave or 
consent, according to attachment, dated, 13 : 9 : 1661. Verdict for 
plaintiff, the colt to be his.f 

*Writ, dated, 24: 8: 1661, signed by Hillyard Veren,t for the 
court, and served by William Nick, J constable of Marblehead, by 
attachment of five barrels of mackerll of defendants. 

Charles Knight, aged twenty-one years, deposed that this last 
mackerel voyage, John Hart of Marbelle Heade, being not fit to go 
to sea, hired deponent, with the consent of his partners, to go in 
his place. They were gone ten days and caught five barrels of 
mackerel. The first two or three days they caught but few, and 
John Lewcom and Walter Mungey scoffingly derided deponent and 
asked how Hart should pay him his wages, but when the mackerel 
began to come in, they told him that they would pay him. Fur- 
ther, they accepted deponent in Hart's place, and the latter paid 
him his wages. Sworn in court, before Hilliard Veren,J cleric. 

tWrit, dated, 13 : 9 : 1661, signed by Hillyard Veren.J for the 
court, and served by Samuell Archard,J marshal of Salem. 

John Burton's bill of cost, 21i. 8s. Id. 

Job Swinerton, jr., and Thomas Gardner, jr., aged about seven- 
teen years, deposed that they were desired by Thomas Gardner, sr., 
to take up a colt that was with his mare, which formerly he had 
sold to John Burton. They brought the colt home and John Bur- 
ton owned it to be his. This colt was with the mare four or five 

^Autograph. 



1661] RECORDS AND FILES 321 

John Pearson was fined for absence from the jury of trials, but 
upon his just plea, the fine was remitted. 

months after she was sold. Mr. Gardner had seen it in the woods 
last summer and this summer. Sworn in court. 

Thomas Gardner, aged about sixty-nine years, deposed that this- 
colt, which Porter had branded with the letter P. was the one he 
sold to John Burton. Sworn in court. 

John Kitchin, aged about forty- two years, deposed that the 
brand J. P., when he saw it, was raw and both ears were swollen. 
John Smith branded it and he told deponent that it was John. 
Burton's colt. Sworn in court. 

Joseph Porter, aged about twenty-three years, deposed that he 
very well remembered that he was with certain of his father's sons 
and servants, and according to his father's order, he helped mark 
the colt in question on the near shoulder and with a slit in the 
further ear, when she was but a year old, which was in May, 1660. 
The colt was put into the woods with another mare and colt of 
John Porter's, the elder, his father. They were missing in the fall, 
but at last were found in the north field of the ten acre lots. This 
colt was separated from the other mare and colt, and she cried 
after them until she got to them again, they being brought home 
on Dee. 18. Thenceforth she continued with her said dam all the 
winter in the plain orchard and about the house of the said John 
Porter, sr. Deponent further testified that on Mar, 17, John 
Smith, the cutter, came to cut the horses of his father, and he told 
deponent that this colt was like John Burton's colt, but on examin- 
ation he found that the marks were not the same. In May, 1661^ 
John Burton pounded this colt, claiming her for his own, but when 
let out of the pound, she went to her own dam and continued a 
greater part of the last summer, etc. Morgan Jones deposed the 
same. Sworn in court. 

Henry Cooke deposed that he, being at the north field pound^ 
had discourse with Farmer Porter about the earmarks, etc, Mr. 
Gardner also went into the pound with him. The colt had been^ 
burnt in the mouth for the lampers, etc. Sworn in court, 

John Burton, jr., aged about twenty years, deposed that this colt 
was one of his father's and he helped mark him, etc. Sworn in; 
court. 

Samuel Eburne, jr., aged about twenty-two years, deposed that 
this was the colt that Goodman Burton bought of Mr, Gardner, and 
he had seen him in Burton's yard almost every day for two winters 
and in the summer time in the woods, etc. Sworn in court. 

John Porter, Israel Porter and William Shaw deposed concerning; 
the earmarks. Sworn in court. 

William Flint, aged about fifty-eight years, deposed that John 
Burton told him in March last that he had found the colt whick 



322 SALEM QUARTERLY COURT [NoV. 

Philip Harding v. Mathew Barnes. For withholding 45s. due 
for house rent for his wife. Withdrawn.* 

Mr. Jonathan Wade v. Mr. John Croad, Mr. Walter Price and 
Mr. "Richard Cooke. Debt of lOOOli. Verdict for plaintiff. Court 
moderated the damage to 55011. Appealed to Court of Assistants. 
€apt. Geerish bound with defendants.! 

he lost in January. John Porter, jr., deposed the same. Sworn in 
court. 

Anthony Needham testified that he branded this colt with an S., 
at his house, etc. Sworn in court. 

Hugh Jones, aged about twenty-five years, testified that he had 
the care of this colt the best part of a winter, when he lived with 
Mr. Gardner, his master. Sworn in court. 

*Writ, dated, 5:9: 1661, signed by John Waytz.J for the court. 

tWrit, dated, Sept. 27, 1661, signed by Kobert Lord,t for the 
court, and served by Kobert Lord, J marshal of Ipswich. 

James Whetcombe, aged about twenty-eight years, testified that 
he had lived in the Barbados from the latter end of January, 1659 
until Sept., 1661, during which time muscovadoe sugar was sold for 
twelve and fourteen shillings per hundred. This last summer, he 
would have sold for twelve shillings per hundred but could not get 
so much for it. The common price it passed for in taverns and 
common victualing houses was two pence per pound, and this was 
the general estimate of muscovado sugar among all men. Sworn, 
Dec. 9, 1661, before Thomas Savage, J commissioner. 

Timothy Prout, aged about forty years, testified that he was in 
the Barbados this last summer, at the house of Mr, Jerimiah Egin- 
ton, " where seuerall friends were mett with Mr. William Kosewell 
and Line" Richard Cooke in relation to the satisfiing M'" William 
Rosewell a Certaine quantite of suger for the account of M' Jona- 
than Wade of Ipswich which M' John Croade and him self and M"" 
Price stood In gaged to pay as thay sayd unto mee, but by Reson 
of the unseasonablenes of the yeare sugers was very scars so that 
it Could not bee presently obtained to make satisfaction therefore 
the sayd Cooke tendred to secure him with the whole ships Cargoe 
that was then there which was worth about one hundred thousand 
pounds of suger besids M"" Robert Gale and M' Jerimiah Eginton 
tendred to bee securitie for it but M' Rosewell answered that hee 
Could take nothing but sugers therefore After much Agitation this 
was the Conclusion and Agreement with M' Rosewell that M' 
ISTathaniell Bisco should bee paying in the sugers unto M' John 
Partridge who was to receaue it for the accoumpt of M"" Jonathan 
Wade," etc. Sworn in court, 11: 10: 1661, before Hillyard 
Veren,f cleric. 

JAutograph. 



1661] RECORDS AND FILES 3 23 

Mr. George Corwiu v. Danyell Killura. Debt.* 

Osmand Trask v. Roger Hascall. Battery. In assaulting him 
upon the highway, striking him several blows with a pitchfork, 
bringing blood and bruising his body. Verdict for plaintiff.f 

*Writ, dated, 20 : 9 : 1661, signed by Hillyard Veren,+ for the 
court, and addressed to the marshal of Salem. 

fWrit, dated, 13 : 9 : 1661, signed by Hillyard Veren,+ for the 
coiirt, and served by Benjamin Balch,$ constable. Roger (his mark) 
Haskall bound for his appearance at next Salem court. Wit : Roger 
Conant. J 

Roger ConantjJ Henry HerickJ and Benjamin BalchJ certified 
that they had measured the highway at the clay pit by Roger Hos- 
cal's hill, and found it two poles and five feet in breadth and four 
poles to the further part of the pit. 

Summons, dated, 14 : 7 : 1661, to Osmond Trask of Salem, upon 
complaint of Roger Haskell that said Trask had taken away clay in 
a forcible manner to the damage of the highway, to appear at 
Epswidg court, and signed by SamuU. Simonds.J 

Hosea Traske's bill of charges, 21i. 2s. 4d. 

Jefferie Massey,J aged about seventy years, testified that the 
<;lay pit in the lane near the house of Rodger HaskoU was within 
the bounds of twenty acres of land long since granted to William 
Wodberie and widow Brane. Sworn before Hillyard Veren,t cleric. 

Nicolas Woodbery, aged about forty years, and William Haskell, 
aged about forty- two years, deposed the same. 

John Harris, aged about eighteen years, testified that he saw 
Roger Hasgall come out to Osmond Trask with a pitchfork, and 
strike him two blows on the head or shoulders, so that said Trask 
cried out, whereupon deponent's master, William Dodge, together 
with Jo[hn] Dodge, William Fiske and deponent ran to them. 
Sworn in court. 

William Dodge deposed that he saw Osmund Trask digging 
clay over against Roger Hascall's door, and the latter threw said 
Trask down and told him '* he would fetch y* would Sett him fur- 
ther." Sworn in court. 

William Harskall testified that the old fence that was set up 
formerly did stand over part of the clay pit hole, and that the four 
poles set out for the highway did not reach over the said clay pit 
hy six feet, etc. Robert Hebord deposed the same. Sworn in court, 
12: 10: 1661, before Hillyard Veren,| cleric. 

Geot g Emory testified that he let said Trask's blood on Sept. 12, 
being distempered in his body. Sworn, 17 : 7 : 1661, before W. 
Hathorne.t 

John Dodge, aged twenty-two years, testified that he took the 

JAutograph. 



324 SALEM QUARTERLY COURT [NoT, 

Josiah Rootes v. Thomas Chubb. Defamation. Saying that 
plaintiff had stolen his timber and some of his tools, with other 
words of reproach, etc.* 

said Hasgall away from Trask, and asked him if he would kill the- 
man, etc. Sworn in court. 

John Saffal, aged about thirty years, testified that he was going 
to Salem on 14 : 5 : 1661, when he heard the dispute. Roger Has- 
kal, being surveyor, ordered Trask to stop digging, etc. Sworn, 9 : 
25 : 1661, before Daniel Denison.j 

John Miller, aged about twenty-two years, deposed that Hascall 
gave Trask leave to dig clay there. 

Philip Fowlar and wife, Mary, testified that about a year since 
they were coming to Roger Hasscall's in the evening and both their 
horse and themselves were in danger from the clay pit in the high- 
way, etc. Sworn, Oct. 19, 1661, before Daniel Denison.f 

Elizabeth Thorndike, aged twenty years and upward, deposed 
that she was at Haskall's house, during the stir between plaintiff and 
defendant, and looking out through a broken place in the window, 
she saw Haskall go down the hill. She did not see him strike 
Trask, but the latter held up his spade and made for said Haskall 
two or three times, etc. Sworn, 21 : 8 : 1661 , before Wm. Hathorne. f 

William Haskall, aged fifteen years, deposed that when Traske 
came to get clay, deponent's father told him to go with him to the 
lower side of Trask's oxen. That the latter struck at his father, 
whereupon Haskall took up a pitchfork, etc. Trask held deponent's 
father by the neckcloth. About three weeks before, his father had 
forbidden Trask digging clay there and had driven away his oxen.. 
Sworn, 21 : 8 : 1661, before Wm. Hathorne. f 

Roger Hascoll's plea : That he had a right to his own land, 
according to law ; that he could bring sufficient evidence to prove 
his damage in having a pit nearly six feet deep laid open so near 
his door, which was very dangerous for his cattle and carts, being 
so near his gate ; that he could prove that he had possessed this land 
thirteen or fourteen years, and he had never forbade any person 
passing over it, yet they did so by his sufferance ; that he should 
like to know how those who said it is a highway, know it to be so, 
as he had enjoyed it longer than some of them had known their 
right hand from their left, and if it were so, he would have known it 
before a stranger ; he forbade plaintiff digging clay there on account 
of the danger to those who passed that way, and because Trask had 
no need of it, having a great deal of clay at his own door much 
nearer than Hascoll's land ; he was continually doing damage by 
pulling down defendant's fences, carting over his land, letting out hia 
cattle and letting in swine which rooted up his ground, pretending 
to have leave ; that he struck said Trask only in self-defence, etc. 

* Writ, dated, 9: 9: 1661, signed by Hillyard Veren,t for the 

tAutograph. 



1661] EECORDS AND FILES 325 

Nicolas Merble v. Jon. Andrews and Jeremiah Belcher. Debt. 
Nonsuited.* 

Mr. Phillip Nelson and Mr. Jeremiah Juett, executors of the 
estate of Mr. Joseph Juett v. Zacheus Goold. Debt of 2001i. due 
by bond. Withdrawn.! 

Henry Russell v. Mark Hascall. For an account of the hire or 
profit of one-half of the ketch Frances and Hanna for thirty 
months, said Hascall not having given in his account to the said 
part owner. Withdrawn. J 

Jon. Hathorne v. Edward Calcord. Forfeiture of a bond of 3011. 
according to attachment. Verdict for plaintiff. § 

Jon. Hathorne v. Samll. Eldridg. Debt due by book, as the 
Taalance of accounts. || 



court, and served by Benjamin Balch,1[ constable of Salem, by at- 
tachment of the house and land of defendant. 

*Writ : Nicolas Marble v. John Andrews and Jeremiah Bel- 
cher ; debt; dated, 14 : 9 : 1661; signed by Eobert Lord,1[ for the 
court ; and served by Robert Lord,1[ marshal of Ipswich. 

tWrit : Mr. Philip Nelson and Jerimiah Jewett, executors of 
the estate of Mr. Joseph Jewett v. Zacheous Gould ; debt of 20011. 
due by bond ; dated, 20 : 9 : 1661 ; signed by Robert Lord,ir for 
the court ; and served by Robert Lord,^ marshal of Ipswich, by 
attachment of a parcel of goods in defendant's house. 

jWrit, dated, 6:9: 1661, signed by Hillyard Veren,*^ for the 
■court, and served by Samuell Archard,1f marshal of Salem. 

§Writ, dated, Nov. 8, 1661, signed by Fra. Johnson,1[ for the 
court, and served by Abraham Drake,^ marshal of Hampton, by 
attachment of a lathe and turning tools of defendant. 

Copy of records of Salem court, 26 : 4 : 1661 : John Hathorne 
T. Edward Calcord. Debt. For not delivering 6,000 feet of boards, 
according to agreement. Defendant and his surety, George Hal- 
sell, being legally called and not appearing, forfeited their bond 
for non-appearance. Copy attested by Hillyard Veren,^ cleric. 

II Writ : John Hawthorn v. Samuell Eldred; debt of 41i. 16s. ; 
dated, 18 : 9 : 1 661 ; signed by Jonath. Negu3,1[ for the court ; and 
served by John Wiswall,1[ constable of Boston. 

John Hathorne's bill of cost. Hi. 6s. 

Jno. Viall, aged about forty-two years, deposed that Samuell 
Eldreid showed him a note, a week before said Eldrid went awa,y 
to the eastward to live, from Mr. Jno. Hawthorn, by which said 
Eldrid was debtor to Hawthorn about 91i. 15s. Five pounds of this 
•was for a cow, which Eldrid would not own, but he said Mr. Lane 
was to pay that as being brought away by execution. The remain- 

HAutograph. 



326 SALEM QUARTERLY COURT [NoV. 

John Hathorne v. Samll. Eldridg. Debt. For withholding a 
cow to the value of 51i. or for not delivering her to Mr. Edward 
Lane of Boston, according to attachment.* 

Mr. Oliver Purchase was im powered by this court to look after 
and take into his hands the estate of Arsbell Anderson, deceased, 
and to take an inventory of the said estate and bring it into the 
next court. 

der Eldrid agreed that he owed Mr. Hawthorn and he told depo- 
nent that he offered to pay Mr. Hawthorn at Mr, Lane's, but he 
would not accept it. Sworn, 22 : 4 : 1661, before Tho. Savage,! 
commissioner. 

" M"^ Edward Laine I would intreate to pay unto John Hathorne 
fower pounds tenn shillings which fower pounds & tenn shillings I 
asigne vnto John Hathorne as his proper right & intrest as part of 
that some you are indebted vnto mee and charge it vnto my ac- 
count as so much pajed to him who is yours to serve — this 9 March 
1660 

" Witnes : " Samuell (his marke) Eldridge. 

"Isack willyamsf 

Joseph Armitage "f 

Thomas Prentist of Cambrige gave bond, dated, Nov. 21, 1661, 
to William Salter,t prison-keeper of Bostowne, for Samuell El- 
dreed's appearance at the next Salem court to answer John Hath- 
orne's complaint, in an action of debt. 

*Writ, dated, 18 : 9 : 1661, signed by Jonath. Negus,t for the 
court, and served by John Wiswall,t constable of Boston. 

Benj amine Muzzee, aged about thirty years, testified that he was 
sent to Mr. Eldridge's to kill a cow, and when he arrived there he 
saw that it was marked J. G. upon the horn. He did not kill her at 
that time, but in a few days after, living at this farm, deponent 
understood from the family that this cow was killed. Sworn in 
court, June 26, 1661, before Hillyard Veren,f cleric. 

John Hathorne's bill of cost, lli. 12s. 

Capt. Marshall and Samuell Benitt, sr., deposed that he and 
Samuell Eldridg were at John Hathorne's house, when the latter 
asked said Eldridg what had become of the cow that said Hathorne 
left with him to deliver to Mr. Layne. "I haue nowpayd M^'Layne 
& therefor demand the cow of you." Eldridg acknowledged that he 
had killed the cow, but said that Hathorne must go to Mr. Layne 
for it, etc. Sworn in court, 26 : 4 : 1661, before Hilliard Veren,t 
cleric. 

Thomas Prentist of Cambridge gave bond, dated, Nov .21, 
1661, to William Salter, prison-keeper of Bostowne, for Samuell 

tAntograph. 



1661] RECORDS AND FILES 327 

John Godfery v. Job Tyler. For refusing to deliver him a re- 
ceipt, which he had of Kobert Lord, sr., concerning twenty bushels 
of wheat, paid said Lord for the said Godfery, and which was lef b 
out of a bond due from him to Jon. Godfery at Anthony Soraei*- 
bye's last year. Verdict for defendant.* 

Eldred's appearance at the next Salem court to answer John 
Hathorne's complaint about withholding a cow from Mr. Edward 
Lane. 

* Warrant to Job Tiler, dated, 8:9: 1661, signed by Richard Lit- 
tlehale,t for the court, and served by Thomas Chandler,! constable. 

Job Tiller's! bill of charges, Hi. 

Anthony Somerbyf deposed that when said Tiler and Godfry 
were at his house in March or April last, said Godfry delivered up 
a bond to said Tyler of wheat and rye, the sum he could not re- 
member, and also paid for said Tiler one shilling which he owed to 
deponent. " I am very 111 with a paine in my back that I am not 
able to go nor Ride with any comfort." 

Moses Tiler, aged about nineteen years, deposed that the receipt 
of twenty bushels of wheat that Job Tiler delivered to Goodman 
Lord of Ipswedge was paid since the last bond was made to Jno. 
Godfree. Moses Tylar further deposed that John Godfry told him 
that the five and one half bushels of wheat, which he paid to 
Thomas Johnson for a pair of wheels that Job Tyler had, was put 
into a bond not yet due. 

Gorg Abbut, aged about thirty years, testified that he heard Job 
Tyler say that he was to carry that twenty bushels, which he had 
at deponent's house, to Goodman Lord of Ipswech for Godfre. Fur- 
ther, Tyler owned that wheat to be Godfre's and that he gained 
five pecks by the measure of that wheat of Godfre's. Sworn, Nov. 
25, 1661, before Simon Bradstreete.f 

Thomas Chandler, aged about thirty-two years, testified that 
upon going to Job Tyler's house to serve an attachment, he was 
requested by John Godfre to demand the receipt, etc. Sworn, Nov. 
25, 1661, before Simon Bradstreete.f 

Nathan Parker, aged about forty-two years, testified that he owed 
John Godfry two bushels of wheat last summer and the latter told 
him to pay it to Job Tylar, and said Tylar told deponent that he 
was to receive it and as some of his family informed him, there 
were seven pecks delivered at one time and one at another. Later, 
said Tyler acknowledged to deponent that he had received the two 
bushels. Sworn, Nov. 25, 1661, before Simon Bradstreete.t 

Execution against Job Tyler, dated, 18 : 11 : 1661, in satisfaction 
of a judgment granted to John Godfery at Salem court, Dec. 10, 
1661, signed by Hillyard Veren,t cleric, and returned by Thomas 
Chandler,t constable of Andevor, deputy of Samuell Archard,t 
marshal of Salem. 

tAutograph. 



328 SALEM QUARTERLY COURT [NoV. 

Jon. Godfery v. Job Tyler. Debt. Verdict for plaintiff.* 



*Writ, dated, 8:9: 1661, signed by Eichard Littlehale.f for the 
court, and served by Thomas Chandler,t constable of Andover. 

" Job Tyler is Debf to John Goodfery for seuerall things had of 
him or by his order at severall times." Paid Thomas Johnson for 
Job Tyler, 5 1-2 bushels of wheat. Hi. 7s. 6d. ; pd. Moses Pengry 
for him, 4s. ; for goeing to Salsbery for him to fetch v/ritings out 
of ye Court Records, 5s., and ferrig, 8d., 5s. 8d. ; 5peckes of wheat, 
above measure, yt. he kept for himself, 6s. 3d. ; 1 Bushll. & a gall. 
of wheate meale, 5s. 7d. ; 1-2 Bushll. Indian meale, Is. 6d. ; 2 mo : 
1661, a bushll. of wheat he was to pay Mr. Rawson for Godfrey, 
5s. ; 27 dayes worke last sumer at Reaping, hay makeing, & other 
work at 2s. a daye, 21i. 14s. ; pd. Goodman Somersby for you, 2s. 
2d. ; in the year 1660, pd. John Kenrick for a pail for you, 2s. ; pd. 
for ferrieg for him at Salsbury & Newberye, Is. 6d. ; total, 51i. 14s. 
2d. Signed by John Godfery.f Hi. of tobacco. Is. 4d. ; 2 new 
bibles, 16s. ; a bagg, 6s. ; total, 61i. 18s. 6d. 

Moses Pengry, aged about fifty years, deposed that several times 
within a year, John Godfrey had come to his house with Job Tiler 
of Andover, and ordered deponent to charge said Tiler's expenses 
to his account, which he did, and upon perusal of his books, depo- 
nent found that Tiler's account was four shillings, which John 
Godfrey paid. Sworn, Nov. 19, 1661, before Daniel Deuison.f 

William Randall, aged about forty years, deposed that John 
Godfry and Job Tiler were at his house the last spring, and the 
latter desired said Godfry to go over in the night to Salsbury to 
take out records which were in Mr. Bradbury's hand. Godfry 
brought the records, and said that he paid double ferriage for his 
passage back and forth, and that it cost him five shillings. Tiler 
said, " I haue no pay here to pay but I will be honest John, and will 
promise you to pay you as soone as I come home." Sworn, 18 : 9 : 
1661, before Daniel Denison.f 

Goodwife Russe deposed that the middle of last summer, she 
delivered to Moses Tyler a bushel and a gallon of John Godfrie's 
wheat meal, which he said he was to carry home. At another time, 
she delivered to him half a bushel of Indian meal. Deponent fur- 
ther testified that Job Tyler promised to pay a bushel of wheat to 
Mr. Rawson for John Godfry about last April, which he acknow- 
ledged was due to said Godfry. Sworn, Nov. 25, 1661, before Simon 
Bradstreete.f 

John Carr, aged about twenty-two years, and Moses Tyler, aged 
about nineteen years, deposed that John Godfry came to the house 
of Job Tyler on a Sabbath day, after afternoon meeting, and de- 
manded a reckoning of said Tyler. The latter said he thought it 
strange that he should be so earnest, being not a convenient time, 

+ Autograph. 



1661] RECORDS AND FILES 329 

Will* of Hugh Burt, deceased, was brought into court by the 

and that he would reckon with him in the morning. Whereupon 
said Godfry was in a rage, and said he would take a sudden course, 
and Tyler bade him be quiet for he would not wrong him of a 
farthing. So said Godfry stayed there until the morning, when 
Tyler offered to reckon with him, but he refused, because he did 
not have his book. Tyler told him that if he would appoint a day 
at town, he would go and reckon with him, but said Godfry went 
his way without answering. Mary Tyler, aged about eighteen 
years, testified to the same. Sworn, Dec. 9, 1661, before Simon 
Bradstreete.t 

John Godfere's bill of charges, 21i. 16s. 6d. 

" To Job Tiler of Andouor 

"I pray you pay to John Godfry two shillings & two pence 
■which is due to me from you and this shall be your discharge 
nouember 18*'' 1661 

"Anthony Somerby."t 

On the reverse of the above paper is the following : " M' Wade 
Jo'^ whiple sen"" Tho Burnum Cap* Geerish Jo"* Pickerd as a Comit- 
tee to find out a Convenient place & order for building a bridg." 

Thomas Chandler, aged about thirty -two years, deposed. Sworn, 
Nov. 25, 1661, before Simon Bradstreete.f 

Thomas Johnson, aged about twenty-eight years, deposed. Sworn, 
Nov. 25, 1661, before Simon Bradstreete.f 

*Will of Hugh Burtf of Lynn, dated Oct. 7, 1661, was proved, 26 : 
9 : 1661, by Andrew Mansfeild and Richd. Johnson. He bequeathed 
to " my sonn will : Bassitt 2 accors of Salt marsh in the Last devi- 
sion in Rumny marsh which I bought of Timothye Cooper : which 
Lyeth next to his (viz) after my wifes desease : then to him & his 
heires forever : It : to my son Bassett to him, & his heires for 
ever : fine acors of vpland Lyeing amongst Henrye Collins Land 
•which I bought of Robt : Mansfeild which is yet vndevided It : I 
bequeath to my sonn will : Bassett all my weareing Apparrell. It : I 
bequeath to my two grandaughters || marye, & Sarah || the daugh- 
ters of my sonn Hugh Birt deseased each of them, a cow when they 
Come to the age of twentye || one || years which are to bee paid by my 
sonn Edward Burtt because I giue him halfe my Land at my deseas. 
It : I bequeath to my sonn Edward Burt Halfe my houseing Land 
& medow vndisposed of in this will : at my desease It: I bequeath 
to my Sonn Edward Burtt all my Houseing Land , & medo wes vn- 
desposed of (viz) at my wifes desease It : I bequeath to my wife 
■one Halfe of my Houseing Lands & medowes vndesposed of in this 
my will (viz) at my desease dureiug her Lifetyme It : I bequeath 
to my sonn Edward Burt Halfe my chatles sheep & swine at my 

tAutograph. 



330 SALEM QUARTERLY COURT [NoV. 

widow, proved and allowed. Inventory* of the estate amounted to 
14411. 4s. 9d. 

Mr. Edmond Batter and Mr. Joseph Humphrie, administrators of 
the estate of John Humphries, Esq., deceased v. Richd. Johnson. 
For possessing and occupying a certain parcel of meadow, contain- 
ing about six acres, for divers years past, said meadow belonging: 
to John Humphries. Verdict forp laintiff.f 

Desease : & some Corne || not halfe || & some haye It : It : 1 be- 
queath to my wife all my goods within dores to bee at her dispose : 
It : I make my wife my executrixt It : my desyre is that m"" Nath- 
aniell Handforde & Andrew Mansfeild || should || [be?] overseers- 
of this my will &c : & bequeath each of them a noble for their 
paines Memorandum I acquitt my sonn Edward Burtt of all the 
monyes that || hee || receiued of mine in England || of all debts 
whateuer || & alsoe I giue vnto my son Edward Burt all my right- 
& interest in any houseing, or Land in London that came to mee by 
my brother John Burtt, deseased. In witt^ where of I haue sett 
my hand the Daye & yeare & aboue ritten this my will being inter- 
lyned in the memorandum : & two words in my sonn Edward Leg- 
asye. Hugh Burtt."J Wit: Nathaniell Handforth,| Andrew 
MansfeildjJ William BartrumJ and Richard (his mark) Johnson. 

*Inventory of the estate of Hugh Burtt of Lynn, who deceased 
Nov. 2, 1661, taken, Nov. 13, 1661, by Nathanell Haudf orth.J John 
DeakinJ and Andrew Mansfeild J : Apparrell, 51i. ; Beds, boulsters- 
& pillows, 81i. 15s. ; Ruggs & Blanckitts, 41i. 4s. ; Sheets, pillow- 
beers, napkins & other Lining, 61i. 19s. ; Iron, Brass & puter, 41i. 
7s. ; Armes & Amunition, Hi. 10s. ; Chests & boxes, Hi. 5s. ; Tables,, 
forme & Carpett, Hi. 3s. ; Lining & woollen yarne, Hi. 5s. ; Bybles,. 
14s. ; Apples, Hi. 2s. 6d. ; Lumber, 31i. 7s. ; wheat & Indion Corne, 
as haveing Received dalmage, 31i. 13s. ; seaven sheepe, 31i. ; Three 
Cowes & one Calfe, 131i. 10s. ; Swine, 31i. 17s. ; Houseing & Lands,. 
751i. 10s. ; Haye, 21i. 10s. ; moneyes, Hi. 10s. All debts that doth 
apeare being pd., ther remains more dew to the estate, 3s. 3d. ; total, 
1431i. 4s. 9d. Memorandum which was forgotten, Haye, Hi. 

tWrit, dated, 19 : 9 : 1661, signed by Hillyard Veren,+ for the 
court, and served by Thomas Farrer,J constable of Lynn, by attach- 
ment of the house and land of defendant. 

Thomas Townesend, aged about sixty years, deposed that he sold 
Mr. Dellingham, who was employed by Jno. Humphreys, Esq., this 
six acres of marsh now in controversy lying in Ruraney marsh and 
was fully satisfied for it. Deponent further testified that said 
Humphreys possessed this marsh and quietly enjoyed it as long as^ 
he was in the country. " And Further he sayth y* the sayd Hum- 
freys did pay him part of y* pay himself & y® Restpayd by m^ 

JAutograph. 



1661] RECORDS AND FILES 331 

Robt. Hazelton v. Steeven Kent. Forfeiture of a bond of 50s., 
by which said Kent was bound to said Hazelton to stand to the 
arbitration of Mr. Joseph Juett and Henry Palmer, concerning dam- 
age done by defendant's hogs in plaintiff's corn in 1659. Verdict 
for plaintiff.* 

dellingham this meaddow being Att first giuen to me by the towne 
of Lin & doeth still stand upon Keccord : in Lin Bookes & this de- 
ponent sayth y* Rich. Johnson hath made use of this sayd meddow 
for seuerall years past." Sworn in court, 12 : 10 : 1661, before 
Hillyard Veren.f cleric. 

Daniell Salmon, aged about fifty years, deposed that this marsh 
was called Mr. Humphrey's marsh, and Mr. Otley " did Inioy it as 
for master Humphreys for he on an acation would haue had me for 
to haue had this marsh for to haue done some bussnis for M"^ Hum- 
phreys." Sworn in court. 

Edward Richards, aged about forty years, deposed that he re- 
membered that Jno. Humphrey, Esq., deceased, employed Mr. Dil- 
lingham to purchase this land in Rumney marsh and that deponent 
carried the pay from Humphrey to Dellingham, etc. Sworn in 
court. 

Mr. Edmond Batter's and Mr. Joseph Umphrey's bill of cost, Hi. 
16s. 8d. 

On the reverse of the above paper is the following : 

" There is 500 Acers of Land And A fresh Conteyning 

About 2 Acres graunted to Lying betwix nor & west from Sa — 

Noe part of ye 500 Acres w*hin 5 Now planted Allsoe It is 

Agreed y* y Saugust And Sallem shall haue Li houses 

upon y® sayd Hand : And to As they Judge Necessary for 

their use." 

*Writ, dated, 12 : 9 : 1661, signed by Richard Littlehale,t for 
the court, and served by John Huchin,| constable of Haverhill, by 
attachment of defendant's dwelling house. 

William White and Bartholl. Heath deposed that they were 
chosen by Robertt Haseltine in August, 1659, to view damages done 
by hogs in his corn, which they judged to be ten bushels of Indian 
corn. The next spring, said Haselton and Stephen Kentt made 
choice of Mr. Jewett and Henry Palmer to arbitrate the damage, 
as appeared by a bond, and said arbitrators desired deponents to 
give in what damage they found, which they did. Then the arbi- 
trators declared that they awarded Robertt Haseltine thirty shil- 
lings in pork or wheat to be paid by said Kentt next Micaltide. 
This declaration was made in the presence of Stephen Kentt and 
Robertt Haseltin, in the house of Bartholl. Heath. Sworn, Oct. 22, 
1661, before Simon Bradstreete.f 

tAutograph. 



332 SALEM QUARTERLY COURT [DeC. 

Court held at Salem, 10 : 10 : 1661. 

Court ordered the constables of Wenham to pay John Salare, or- 
dinary keeper, five shillings out of their town's country rate, for the 
expenses of a prisoner brought from Hampton to Boston goal, and 
to discount so much with the country treasurer. 

Arther Sandy had his former license renewed. 

Hillyard Veren, having been chosen sergeant of the foot company 
of Salem, was allowed and confirmed by this court. 

Inventory* of the estate of Wm. Cockerell, deceased, amounting 
to 811i. 15s., was allowed. Court ordered that the estate remain in 
the hands of the widow during her life and that, at her death, it 
be divided among the children. If she married again, the court 
was to order the estate as it should see cause. 

Bond of Stephen Kentf and Robart Hasltine,t dated. Mar. 21, 
1659-60, to stand by the arbitration of Mr. Joseph Jewett and Henry 
Palmer concerning damages done in Robert Hazeltine's corn by 
said Kent's hogs, and all other expenses of said Hazeltine's, ex- 
cept his going to Rowly and Andover, etc. If they did not agree, 
they were to choose a third man, and end it before the next Friday 
at night. Wit : Richard Littlehale,t who made oath, Nov. 23, 
1661, before Simon Bradstreete,t that he saw the bond signed and 
delivered. 

Henry Palmer of Haverill testified that Mr. Joseph Juet and 
Jiimself, as arbitrators, appraised the damage, etc. They refused 
to end it "according to law," because they conceived that they had 
no power to swear witnesses. Sworn, Nov. 23, 1661, before Simon 
Bradstreete.f 

Robert Hesletine affirmed that the arbitration was ended within 
the time appointed, and that the arbitrators were not to end it ac- 
cording to law. 

Robert Hesletene's bill of cost, Hi. 15s. Id. 

*Inventory of the estate of Willm. Cockrell, deceased, taken 
Dec. 6, 1661, by John Brown ef and Edmond Batter if One dwell- 
inge house, out house and 1-4 Acre land, 301i. ; one Acre land neer 
to Franc. Collince, 81i. ; 1 Cowe, 41i. 10s., 1 swine, 10s., 51i. ; 
Rugge, Covrled, 2 pr. blankets, 2 featherbeds & bolsters & 2 Cur- 
taynes, 121i. ; pewter, 21i. 10s. ; brasse & Iron ware, 40s., 41i. 10s. ; 
1 Table, Chaires, Chests & other lumber goods, 31i. 8s. ; 1 peec & 1 
Remnant Ossenbriggs, 31i. ; sheets & other linnen, 71i. ; 1 suet of 
Cloaths, 21i. ; 3 Remnants Carsy, 2 Remnants Serdge & 1 Remnant 
broadcloath, 61i. ; 1 silver spoone, 5s., & 4 Bushells In Come, 17s. ; 
total, 811i. 15s. 

tAutograph. 



1661] RECORDS AND FILES 333 

John Hathorn had his former licenses renewed for the year en- 
suing. 

The court accepted a return of a highway made by several men, 
appointed by Salem and Redding to lay out the said way, as ap- 
pears by their return now on file.* 

*Peter Palphry,t John Wesson,t John Porterf and Nathaniel 
Putnum,t appointed by Redding and Salem to lay out a country 
highway between the two towns, on Mar. 25, 1659, made the fol- 
lowing return : " We began at A place Caled the butts In Salem 
bounds And soe through A plane Called M'^ Jonsons plane & Soe 
through A little plane betwene A greate Rocky hill & m"" Gidnys 
medow & then into Another little playne lying one the north side 
of dogge pond & Soe Into A great plaine Caled m'' Humphryes 
plaine Leving m"" humphryes pond on the Rite hand & Soe one In 
the Cartway that goeth to Stones meddow tell wee Come A little 
beyend two great pine trees where there is marked A Red oake one 
the one side of the path & A white oake one the 'other side the 
pa[th] & then wee turne to the left hand over A Swampe one the 
north side of goodman welmans house & Soe over a hill & Soe 
downe to A sledge of meddow & then wee turne more of to the left 
hand & So to the South east Corner of william Eatens feild & Soe 
over A River Called Sagust River & So throw the land of nicholas 
Browne betwixt A Swamp of pine & A Corner of meddow & Soe 
over the land of Zachary fitch to Nicholas Browne And Zachary 
fitch wee Runne A poole opon each mans lott tell wee Come at A 
greate white oake by the swampe side & then wee turne of to the 
rite to shun the Swampe Aboute sixteen poole opon firme upland 
opon Nicholas Brownes land & Soe right A long over dirty Slow & 
Soe Into the Cuntry way that Comes from And ever. . . the pole 
[way?] is laid out fower pole wide exsept that wich was within the 
fence of Nickolas Browne and Zachary fiches fence which was laid 
out to rod." 

John Porter,t Nathaniell Putnum,t Peter Palfryt and John 
Wesson,t being chosen by Salem and Redding to lay out a country 
way between the two towns, on 24 : 4 : 1660, made the following 
return : " Beginning at a place Caled y® butes in Salam bownes so 
alonge thorow a plaine Caled M'' Johnsones plaine so thorow a 
littell plaine betwene agreat Rocki hill and M' Gidnes meddow sa 
thorow another littell plaine leuing a brushy pond Caled doog 
Poond one the left hand and so to and thorow agreat plane leuing^ 
M' Umphery ponde one the Right hand And so along to y« Corner 
of John Knites feeld leuing it a littell one y« Right hand and so 
over a Riuer Caled Saugust River and so ouer the Land of Nicklas 
Browne and so along to a fensed feeld belonging to Nicklas Browne 

t Autograph. 



334 SALEM QUARTERLY COURT [DeC, 

Whereas there was security taken of a house and land at Ips- 
wich, for the payment of several portions to the children of Wm- 
Lampsou, deceased, according to Ipswich court record of Mar. 29, 
1659, until other security be given, and Thomas Hartshorne of 
Redding, coming into court and tendering the house in Redding 
where he now dwells, with fifteen acres of land adjoining, and 
seven acres of meadow in two several parcels, bounded as is ex- 
pressed in a writing given in to court, and now on file, in the Salem 
court records, the court accepts the latter security and releases the 
former.* 

and Zakaray fitch and so along the line between there too lootes 
nere a swampe And thene turne one the Right hand abought 
twelue or fowrten Rode vppone the growne of Nicklas Browne to 
goe Cleare of the swampe and so to a bridge overe a place Caled y® 
slowe & so to the cuntery way that leadeth from Andiuer to Redd- 
ing And the seuerall proprietors with vs are well saticefied With 
this that wee haue done." 

*Petition of John Ayres and William Fellows : " Wheras o' 
Brother william Lampson late of Ipswich dyed intestate and Ad- 
ministration granted by the Honered Court at Ipswich to his wid- 
dow our sister Sarah Lampson and devided the estate about halfe 
to her & halfe to the children being eight in number and whereas 
shee being about to change her estate to one Thomas Harteshorne 
of Redding It was agreed that before mariage he should signe and 
seale a wrighting to give our sayd sister power & liberty to dispose 
of the one halfe of the estate she brought to him by way of will 
(of w^ there is sufisient wittnes besydes our selues) but by pvi- 
dence that wrighting being neglected to be finished before mariage 
(though then pmised it should be done after) but it is now refused 
and therby the children of o'" Brother william Lampson like to 
suffer And wheras the estate in the Inventory delivered into court 
was underprised espeshally the Land w"h now appeareth to be 
worth eightye pound w"h was then prised but forty foure pound 

" Our Humble request to this Honered Court is that the children 
of our brother may Inioy a pt of the advance of there fathers es- 
tate and doe humbly intreat (if this Honered Court shall thinke 
fitt) that the Land may be to pay the childrens portions, it being 
prised in the Inventory as before exprest & there portions fiftye 
foure pounds & soe there portions will be advanced twentye six 
pound & the widdow still haue about halfe the estate and that it 
would please the court that those children that are put out may 
haue there portions improved for there use & benifitt-|| that || when 
they come to age to reciue the same, that being all (as the case now 
stands) that they are like to haue of there Fathers estate." 

tAutograph. 



1661] RECORDS AND FILES 835 

Witnesses iu presentments for absence from public worship 
ordered to be paid by the marshal. 

James Harmon and Peeter Harvy were fined for breach of the 
peace. 

Mr. Georg Gardner was licensed to retail strong water out of 
doors. 

Mr. Stileman's former licenses were renewed for the year ensu- 
ing. 

John Dymont was fined for drinking to excess. 

Mr. Symond Tuttle, bringing in a letter of attorney from Mrs. 
Joanna, executrix of Mr. John Tuttle, the will of the latter having 
been approved and allowed in Ireland to the satisfaction of this 
court, it was ordered that said Symond Tuttle be allowed as attor- 
ney, according to the letter bearing date, Jan. 29, 1660. 

George Michell and Lawrence Barnes were fined by Major Ha- 
thorne for being drunk. 

There being a complaint of about fifteen trap lines stolen from 
Koger, the Indian, out of his wigwam, and it being proved that 
some trap lines were seen at Job Tyler's, which the latter acknow- 
ledged, the matter was referred to the next Ipswich court. 

John Portor, jr., having been bound over to this court to answer 
for his profane, unnatural and abusive cprriages to his natural 
parents, and for abusing authority, the court ordered that he be 
committed to the house of correction and krpt there, according to 
the rules of the house, until next Ipswich court, and then to be 

Copy of Ipswich court record of Mar. 29, 1659, concerning the 
administration and division of William Lampson's estate, made by 
Robert Lord,* cleric. 

Thomas Hartshorne of Redding tendered as security, instead of 
the land at Ipswich, his house iu which he dwells, and fiftt-en acres 
of land in Redding, bounded on the north by laod of James Pike, 
on the south by land of Walter Fairefield, on the east and west by 
the common ; also three acres of meadow at Reevain the same town, 
bounded on the north by the meadow of Henry Felch and by the 
common on the other three sides; also four acres of meadow in 
the great " eadow in the bounds of Lynn, bounded on the north by 
the meadow of Edward Hutcheson, on the south by the meadow of 
Isaack Harte, on the west by the couimon, and on the east by Isaack 
Hart's farm. 

♦Autograph. 



336 SALEM QUARTERLY COURT [Dec^ 

bound to good behavior or continued in the house of correction, a» 
the court shall see cause.* 



*Letter addressed " For his Honored & much Respected Father 
John Porter in Salem These :" — 

" Nouembr the 18 : 1661 
" !Peare & Lo : father 

" S' : These few Laines In the absence of my Poor exiled self e- 
yo' Sonn ; though as now things stande yo'^ prisoner, may they in 
y« roome of my selfe ; finde fau'" in yo' eyes, unto which end they 
bee principally designed are to present you with my humble & 
childe like duty, tendering the same to my Deare mother, glueing 
you both to understande ; that to my great heart ; greif e, I Lament 
that Strange Distance that is beetween you & my poore Slefe; I 
Say Distance because though, wee are not manny miles a Partt in 
Respect of Place ; yet by Reason of my not beeing Suffered to visitt 
my fathers house, & my father not chsuseing to come neare his Poor 
childe ; to w°h I may add both what I haue already and might 
haue ; or may suffer, in respectt of present Diffirences I may well 
tirme it a Strange Distance; and truely among the many Sad 
Disasters that both by Sea & Land I haue to my both Losse & 
greife mett with all, I Can assuredly affirme, that not one of them 
all, yea not all put together, haue halfe so much aggreiued, troubled, 
o' Sadned my Spirits as this present uncomfortable & I may say 
Doleful! falling out between yo"^ Selfe & me; Whirefore be Pleased 
to understand that though throug mercy the Prison hath not been 
my grindeing place; yett With as reall humility and unfeigned 
submission, I Desier from my Soule to make my peace with you, as 
If I had Suffired the Shame, & Undergone the Penury which Poor 
Prisoners in the Common gole mett with, Now Deare S' lett not 
yo'^ Spiritt Disdayne to accept of my reall Desier of ; being recon- 
ciled to you & my mother, no"" Let any by respects holde you of 
from beeing willing to imbrace him ; who from his very heartte 
Laments, his unworthy & untoward Deportment to yo"" slefe Craue- 
ing yo' Candor in being, as redy to forgiue & forgett, as I am to 
acknowledge conffesse & forsake yea to Deteste & : abhor all my 
miscarriages I have onely this to add ; that I would not haue you 
thinke, I am yo' Late, I will not say, on my Parte ; undeserved 
proceedings ; Constreyned to humble my selfe in this manner ; but 
Its the reall Sence of my Dutye & hearty Sorrow for my Slightings 
of my Parents w'^h I hope had not this course at all been taken, 
both Natur : & grace would have requiered ; But Since it is other 
wise ; I must Proffesse I begg yo' pardon; & doe Entreate you For 
Loues Sake, For freinds sake, for gods Sake, to Passe it by, Prom- 
iseing in the word of A true Childe, for futr, Soe to Cary my Selfe 
w*h gods gracecious assitance as y* I hope I may meritt yo'' & my 

tAutograph. 



1661] RECORDS AND FILES 337 

John Burston, coming into court in an uncivil manner, reproached 
the court by saying they were robbers and destroyers of the 
widows and fatherless, that their priests devined for money and 
their worship was not the worship of God, interrupting and affront- 
ing the court, and upon being commanded silence, he commanded 
them silence and continued speaking until the court was fain to 
commit him to the stocks. 

mothers Loue, at least not incur yo*" Displeasure, w^h is y* I doe 
greatly Lament, I should be glad to see yo'' Faces & If this may bee 
acceptable I hope to be soe happy as in all Love to make an end of 
all Differences ells with out Extremity Suits o' Law ; this with my 
Duty to you both I rest yo"" 

" Dutyf ull Sonn 

" John Porter."* 

Petition of John Porter, jr.,* to the court : " Whereas your 
poore petitioner hath shamefully abused his Father, and mother, 
contrary to the very light of nature & much more contrary to the 
litle light of the word of God, which he hath bestowed on me 
(that with shame I may speake it) haueing had, & enioyed, such 
means as I have had, for so many yeares both in the publick min- 
istry and in my fathers family also ; that your petitioner is in 
some II small II measure sensible, of that unparrallell offence that I 
haue iustly giuen to my parents, to others, of my freinds, to the 
Commissioners, whome I did shamefully abuse, I am very sorry 
that I should so far forget my selfe, and the right rules, both of 
God II and II man, though I doe acknowledge I am in noe measure 
humbled according to the desert of my greate oifences, yet with that 
small touch God hath been pleased (I hope in mercy) to giue me, 
of such haynous prouokeations I doe upon the bended knees of my 
soule, with shame of heart humbley beg pardon of the almighty, 
who might haue consumed me long agon, and I doe humbly (and 
I hope through grace) from my heart request the fauour of my 
parents that they would oner looke my unworthy abusive carriage 
and behauior toward them, and your poore Petitioner doth humbly 
beg forgiueuess of this honoured Court of these my greate offences, 
and doe hope through the grace of God in Jesus Christ that neither 
my parents nor this honoured Court, shall euer haue anything of 
this nature, to complaine, but that your poore petitioner shall 
through the same grace behaue himself e respectfully, to all author- 
ity, and with humble dutye unto my parents, and so to all other 
relations as I am concerned in, and shall be foreuer further 
oblidged to this honoured court for this your so great clemency." 

Morgan Jones deposed on 30 : 8 : 1661, that he heard John 

•Autograph. 



338 SALEM QUARTERLY COURT [DeC. 

John Deverixe was ordered to pay 21i. to the treasurer for not 
presenting his appeal to the Court of Assistants. 

Robert Hibbert was allowed witness fees in a presentment. 

Court referred to Major Hawthorne all persons presented, who 
were unable to appear at last court according to summons, and he 
was ordered to have attachments given out for appearance at such 
time as he should appoint. 

Roger Preson's license was renewed for one year. 

John Cleark and Allester Greine were appointed administrators 
of the estate of Arzbell Anderson, deceased, and to be accountable 
to the court held at Salem in November, 1662. An inventory* was 
also brought in and allowed. 

Porter, the younger, abuse his father and mother within the year. 
In the month of September, he abused him in these words, saying 
" thou Robin Hood ; thou Hipocrite ; thou art a good member thou 
art a Fit grand iuryman," etc. He also said to his mother " your 
tongue goes like a perriemonger," etc., and on Oct. 4, he called her 
a hypocrite. His father, delivering him a warrant that morning, 
said John Porter took it, broke it to pieces, uttering words in con- 
tempt of authority, saying that he cared not for Hathorne and his 
commissioners. Joseph Porter deposed the same and that said 
John called Hathorne and Batter vile names, saying that they had 
sent a warrant for him but " I will not goe beffore them : I will goe 
before Better men then they be." Sworn, 30 : 8 : 1661, before the 
commissioners. 

*Inventory of the estate of Arzbell Anderson, Scotsman, who 
deceased at the Iron works at Lyn, 13 : 6 : 1661, taken, 15:6: 
1661, by Edward Baker, Jno. Divan and Oliver Purchis, all of 
Lyn : Two Bed Blanketts, 14s. ; 2 Coarse Shirts, 8s. ; his wearing 
apparrell with 2 hatts, 61i. 5s. ; A looking glass, 2s. ; 1 yrd. of 
blew Callico, Is. lOd. ; 1 pr. of Worne Shooes, 3s.; A Rasor, Is.; 
4 Axes, 10s, ; A small playne chest, 3s. 6d. ; In money, 5s. 10 l-2d.; 
A small mare & 2 Colts, 181i. ; A Small Cow, 41i. ; 2 steers yt. were 
in my Custody but after his deceased challenged by Corporall Jno. 
Andrewes to be his upon hire till May next, hee to pay then 20 
shillings, wch. I desired to release upon Terras & hee promised mee 
if he could gett a payre of Oxen I should have them, but afterward 
he sent & fecht them away early in a morning & as I am Informed 
by Severall psous, he hath killed one & sold ye other, they were 
well worth, I21i. ; so much as is due to him upon Accots., 121i. 4s. 
2 1-4(1. ; totril, 641i. 18s. 5 l-4d. " This is a true Inventory of this 
estate at y^ decease : as is testified by Oliver purchis, a Commis- 
sionei- in Lyn. Only this to be excepted at p^sent one of y® Colts 

tAutograph. 



1661] RECORDS AND FILES 339 

Benjamin Felton's bill of charges was allowed and was ordered 
to be paid by the county treasurer to the value of 38s. 6d., besides 
the amount of the said bill, to be paid by the parties, namely, 
Bennett, Kinderton and Huchesson. 

Mr. Joseph Humphries, administrator of the estate of John 
Humphries, Esq., was given liberty to make use of 301i. of the 
estate for his necessary expenses.* 

Edward Eastwick's fine of 20s. was respitted until the next 
Salem court. 

Mr. Frances Johnson was licensed to sell strong waters at retail, 
as other shop keepers do. 

Mr. John Gedney's former licenses were renewed for one year. 

Mr. Wade, John Whiple, sr., Thomas Burnam, Capt. Geerish 

is Strayed & Cannot be found, & Certayne debts are demaunded 
which I know some to be due." Total inventory, 541i. 15s. 5 l-4d. ; 
debts paid out of the estate, llli. 3s. 9d. ; more for John Clarkes 
paines, 31i. 14s. 8 l-4d. ; 40s. abated upon ye Apriseraent of 2 
Steers, 21i. ; to be paid to Allester Greine by ye Courts order, 3811. 
" which by y® Courts order is to be pd to AUister Greime upon the 
old clearks warrant to John Gierke as atteste, 27 : 9 : 1662, Hill- 
yard Veren,t cleric." 

Allister Mackmallens, aged about thirty years, deposed that for 
many years, whilst he dwelt in his own native country, in Scotland, 
he knew Allister Greime and his father and mother, who lived 
next neighbors to his, the said Mackmallens father's house, and he 
also knew Arsbell Anderson and his mother, who lived about a 
mile and a half from them, and the said Arsbell Anderson's mother 
and Greiine's mother were near of kin. This was taken for granted 
by all the neighbors, and deponent always understood it so and 
there was never any question about it in Scotland that ever he 
heard of. Moreover deponent's father and mother had said in his 
hearing that they were near of kin. Sworn in court, 12: 10: 1661, 
before Milliard Veren,t cleric. 

*Inventory of the estate of Jno. Humphreys, Esq., taken, 13 : 
10:1661. by Edmond Batterf and Joseph Humfrey :t Jiucken 
Davis of Lyiie fined by the General Court to pay Mr. Humphries, 
40li. ; Jno. Hudson, now of New Haven, fined by the same au- 
thority to pay Mr. Humphrey, 201i. ; Mr. Jno. Dunster, deceased, 
sold a windmill from Mr. Humphrey's land, 601i. ; the farme at 

Lyne, now in the Occupation of Edward Ingles, ; sixe Acres 

of salt marsh in Rumney Marsh in the Occupation of Richard 
Jnoson. Court allowed the inventory and continued Mr. Ed. 
Batters and Mr. Joseph Humphries as administrators. 

tAutograph. 



340 SALEM QUARTERLY COURT [DeC, 

and John Pickerd were appointed by the court a committee to find 
out a convenient place for a bridge at Ipswitch and to take order 
for building the same. 

It was ordered that the bridge or causeway at the western end 
of the town of Salem be sufficiently repaired and a stone wall 
built against the side, at the county's charge. 

The servants of Mr. Gedneyes house were allowed 7s. 6d., and 
Mr. John Browne's man, 18d. 

Presentments brought into court, 25: A: 1661, and ended in this 
court : — 

Bettrice, wife of Wm. Cantlebury, was fined upon her present- 
ment for wicked and reviling speeches toward her son-in-law, in 
wishing the devil might pick his bones, and for telling her daugh- 
ter if she had such a husband, she would give the devil one limb 
to fetch away the other; also for endeavoring to withdraw the 
affections of his wife from him.* 

*Mary Felton, aged thirty-five years, deposed that several times 
in her hearing, the wife of Willm. Cantlebury had endeavored to 
alienate the affections of her daughter from her husband, using many 
reproach|ul speeches in deponent's hearing against said husband. 
Her daughter was weeping and praying her to be contented, for 
she had him that God had appointed for her and she was better 
contented with him than she should have been with those her mother 
nominated unto her. Deponent told the mother to be contented, as 
by the providence of God they were brought together, and to do what 
she could by good counsel and encouragement, that they might live 
lovingly together. The mother replied that there was no finger of 
God in bringing them together, but it was the mere act of the devil, 
and that the husband deserved to be hanged, with many other 
reproachful carriages and speeches. Once at deponent's house, she 
spit at him and told her daughter " that she would have scorned she 
should have touched the hemme of her coat they both being present." 
Sworn in court. 

Elisabeth Buxton, aged thirty-eight years, testified that the wife 
of Willyam Cantlebery and her daughter Woodrow, were at depo- 
nent's house, and the latter heard her say to her daughter that 
Woodrow was both a rogue and a thief. Her daughter said she 
must prove it, and she said he was a thief because he had stolen 
the best flower in her garden, and a rogue because he had brought 
her to shame. Deponent told Goodwife Cantlebery that she did 
not well to speak to her daughter against her husband, but that 
she should do him the best good she could and give him good 
counsel, for now he was her son. Cantlebery's wife answered that 



1661] RECORDS AND FILES 341 

Edward Estwick was fined upon his presentment for abusing the 
constable in Mr. Gidnie's house, the said constable having been 
sent for to execute his oflBce.* 

Hugh Joanes and his wife were admonished upon their present- 
ment for suspicion of committing fornication before marriage, it 
being not fully proved. 

Those persons, who were presented for frequent absence from 
the public ordinances on Lord's days, from 9 mo : 1660 to 4 mo : 
1661, were fined as follows : The wife of John Kitchin and the 
wife of Anthony Needhara, for twelve days, 31i. ; the wife of Robert 
Buffum, the wife of Robert Stone, Samuell Salmon, and the 
wife of Samuell Shattock, fourteen days, 31i. 10s.; the wife of 
Joseph Pope, eight days, 21i. ; the wife of Thomas Gardner, sr., 
and the wife of Georg Gardner, four days, 20s. ; Samuell Gaskin 



the " divel should picke his bones before she would owne him to 
be her son." Sworn in court, 13 : 10 : 1661, before Hillyard 
Veren,t cleric. 

Samuel Eburne, aged fifty years, deposed that, being at the house 
of Willm. Cantlebery^ his daughter Woodrow came in and her 
mother ask6d her wh^re her husband was. She answered that he 
had gone to the doctor for physic for her father. Her mother used 
many reviling speeches against Woodrow, saying he was no man. 
Deponent was much grieved and desired her to forbear such oppro- 
brious terms, and that seeing that they were married, she should 
endeavor to maintain love and unity between them. Her daughter 
wept bitterly and prayed her mother to forbear charging her hus- 
band with such untruths, but still she went on in bitter reviling 
and said she wondered how she could love such a wretch. Sworn 
in court, 13 : 10 : 1661, before Hillyard Veren,t cleric. 

Summons also served on Anthony Buxstone and Mary Rowden, 
as witnesses. 

*Benjamin Felton, constable, deposed that Mr. Gidney sent for 
him to come to his house and bring his black staff with him, which 
accordingly he did, and when he came Mr. Gidney desired him to 
clear the room. Going into the great hall, there were two compa- 
nies, one at one end and the other at the other end, whereupon he 
spoke to them to clear the room. Edward Estwicke, being at the 
lower end of the table, came to him and asked him what he did 
there ; he told deponent he was a trifling fellow, took him by the 
shoulders and thrust him quite out of doors. This was also attested 
by John Blye and Joshua Turland. Sworn in court, 13 : 10 : 1661, 
before Hillyard Veren,t cleric 

tAntograph. 



342 SALEM QUARTERLY COURT [DeC. 

and Danyell and Provided Sothwick, twenty days, 51i. each ; and 
Michaell Shaflin, sixteen days, 41i. John Kitchin, Joseph Boyce, 
the wife of Robert Wilsonn, John Marstone and William Marston 
also were convicted.* 

William Hoare, presented for suffering tippling at his house, 
was dismissed, it being not proved.f 

Roger Hascall, presented for removing a bound mark, was dis- 
missed, it being not proved. J 

Roger Hascoll, presented for striking Osman Trask, was fined. 

John Mansfeild, presented for telling a pernicious lie, was dis- 
missed, it being not proved. § 

Arther Gary, presented for stealing a silver spoon and the bowl 
of another, was ordered to be whipped and to pay treble damages, 
which were 36s. Mr. Keiser, having received the bowl of the 
spoon at 4s., upon Gary's humble submission, it was ordered that 
Gary be freed from the whipping. || 

*Summons, dated, 6:9: 1661, also to the wife of Phillip Veren, 
Damarice Pope, the wife of John Sothwicke, the wife of Josiah 
Sothwick, the wife of Nicholas Phelps, Robert Gray, jr., and 
Hanna Burton, and witnesses. Hen. Skery, John Neale, John 
Deacon, Samll. Eborn and Nathanyell Pelton. 

fSummons, dated, 6:9: 1661, to Robt. Morgan and Hen. Her- 
rick, as witnesses. 

JZachri Herick, aged about twenty-six years, deposed that it was 
when Mr. Battore and Farmer Porttor were at Bass river to lay 
out a highway, that he heard Rogor Hascall say that he removed 
Goodman Grofor's landmark. Deponent also testified that he 
heard Osmanht Trask say in the presence of Roger Hascall that he 
came by Goodman Grofor's bounds and saw that it was removed, 
etc. Confessed in court by Roger Hascall, before Hillyard Veren,^ 
cleric. 

Summons, dated, 6:9: 1661, to Osman Trask, Zachary Herick 
and George Keiser, as witnesses. 

§Summons, dated, 6:9: 1661, to John Mansfeild, and to wit- 
nesses, Adam Haukes, John Haukes and Walter Skiner. The 
latter was living in Readinge. 

II John Deven, aged about forty years, deposed that his son John 
found this bowl of a silver spoon in the chamber where Arter 
Gary lies. Further, that Georg Keser, being at their house, in the 
presence of his wife and himself, asked Arter Gary to help bim to 
the silver spoon again and Arter answered that he could not help 
him now. 

^Autograph. 



1661] RECORDS AND FILES 343 

John Godfery v. Job Tyler. Debt. 



Summons, dated, 6:9: 1661, to Jon. Dodg. sr., and John Dodg, 
jr., as witnesses. 

Summons, dated, 26 : 9 : 1661, to the wife of John Dymond as 
a witness in Arther Gary's presentment for stealing a silver spoon 
from George Keiser, and a piece of another, signed by Hillyard 
Veren.t cleric, and served by Robert (his mark) Burges, constable 
of Lynn, who " somoned the wife of Jn° Divin." 

John Dod, aged about twenty-eight years, testified that he saw 
Peettor Joy drunk and that he swore several oaths. Sworn in 
court, 12 : 10 : 1661, before Hilliard Veren,t cleric. 

Venire, dated, 6:9: 1661, for men for the grand jury and jury of 
trials from Wenham, signed by Hilliard Veren,t cleric, and served 
by John Solard,t constable, who returned the name of Richard 
Kimball for the grand jury and Richard Coy for the jury of trials. 
Venire, dated, 6:9: 1661, for men for the grand jury and jury of 
trials from Lynn, signed by Hillyard Veren,t cleric, and served by 
Thomas Farrer,t constable, who returned the names of Francis 
Ingolls, William Craft, William Clarke and Richard Moore, for 
the grand jury, and Richard Thomson, John Person, Rich. Haven, 
Thomas Newhall, jr., and John Collins, for the jury of trials. 

Summons, dated, 6 : 9: 1661, to Hugh Dickman for absence 
from public ordinances on the Lord's day, and to witnesses, Hugh 
Burt and Will. Miriam. Hugh Dickman was found to be out of 
this jurisdiction, and Hugh Burt was dead, as per return made by 
Thomas Farrer,t constable of Lynn. 

Venire, dated, 6:9: 1661, for men for the grand jury from 
Marblehead, signed by Hillyard Veren,t cleric, and served by 
Will. Nick,t constable, who returned the name of Christopher 
Latamore, for the grand jury, and John Leg, for constable. 

Venire, dated, 6:9: 1661, for men for the grand jury and jury 
of trials from Salem, signed by Hillyard Veren,t cleric, and served 
by John Bucket and Thomas Robins,! constables of Salem, who 
summoned the persons in their respective wards. 

Writ : Mr. Edmond Batter v. Henry Trevitt ; for withholding 
41i. 13s. 4d. ; dated, 19 : 9 : 1661 ; signed by Hillyard Veren,t for 
the court ; and served by William Neck,! constable of Marblehead. 
Bond* of Willm. Hudsonf of Boston, vintner, and John Ha- 
thornet of Lyn, to stand by the arbitration of Mr. Edmond Batter 
of Salem and Mr. Olliver Purchase of Lynn Iron works, and in 
case they do not agree, to stand by the arbitration of any one of 
them concurring with the judgment of Major General Dennison of 
Ipswich. The place of meeting was to be at John Hathorne's at 
Lynn on June 18, next, and the decision was to be given to 

•This paper belongs in the case of Hathorne v. Eldridge, page 283. 
tAutograph. 



344 SALEM QUARTERLY COURT [DeC. 

At a court held by Major Hathorne at Salem, 20 : 10 : 1661, the 
following presentments were heard : — 

The wife of Allexander Megilligan, for her wicked carriage and 
speeches toward her husband, was admonished, upon her confes- 
sion. Wit : Will Nick and Emanuell Clarke.* 

Elizabeth Nicholson, for absenting herself from the public ordi- 
nances on Lord's days, was fined. t 

Hudson or Hathorne before June 22. Wit : John Dudley J and 
Samuell Benett.| 

*Summons, dated, 6:9: 1661, to Frances, wife of Allexander 
Megiligan. 

tSummons, dated, 6:9: 1661, to witnesses, Henry Stacy and 
his wife. 

Inventory of the estate of Willm, Oaderie, deceased, taken the 
last of December, 1660, by Walter Price J and Elias Mason :J A 
cloake and sute, 411. 15s. ; 1 snugg Coate, Hi. 10s. ; 1 sarge sute, 
Hi. 10s. ; 1 gray Coat, 12s. 6d. ; 1 Red sute, lis. ; 2 ginting shurtts, 
at 9s., 18s. ; 2 locrum shurts, at 6s. 6d. per, 13s. ; 2 ould shurts, 3s. 
6d. ; 1 canvas Jackett & locrum drawers, 7s. 6d. ; 2 pr. ould wos- 
ted stokins, 3s. per, 6s. ; 1 pr. wedmoll stokins, 16d, Is. 4d. ; 2 
pr. of ould wosted stokins, 3s. ; 1 pr. yaron stokins, 3s. ; Icource 
gray coate and canvas breeches, 14s. ; 1 greene cotten sute, 8s. ; 1 
blak hatt, 10s., 1 coll. hate, 5s., 15s. ; 1 mountere Cap, 5s. ; 1 neck- 
cloth, 12d., a silk neckcloth, 4s., 5s. ; 1 pr. shews, 3s. 4d, ; 2 pr. ould 
shews, 4s. 6d. ; 1 psalme book & an Income & bible, 7s. ; a bedsack 
& Rugg, 5s. 6d. ; 2 pr. mittins. Is. 6d. ; 2 ould lynes wth. Hooks 
& leads & reels, 5s. ; 3 codd lynes, 8s. ; 4 Fishing leads, 12d. per, 
4s. ; 8 Hooks at 12d., Is. ; 1 pr. boots, 14s., 1 od boot, 6s., Hi. ; a 
Chest, 4s., a glas, 12d., 5s. ; 1 pr. wosted gloves, 2s. 6d. ; his pt. of 
15 hundred of fish, about, 30s., Hi. 10s. ; a quart, pt. of a Cach, 
151i. ; dew from Robert Starr, Is. 6d. ; dew to him from John Gur- 
vand, 6s. Id. ; dew from Richard Ellyott, 31i. 12s. 2d. ; 2 barells 
makrell, 21i. 10s. ; his pt. of three frawghts, his victualls to be de- 
ducted, 7s. ; total, 411i. 5s. lid. Sworn in court, 12 : 10 : 1661, by 
Mr. George^Corwin and Mr. Edmond Batters. 

Execution, dated, July 25, 1661, against William Longly and 
Joane, his wife, according to judgment granted to Mr. John Ha- 
thorn at Salem court, June 25, 1661, signed by Hillyard Veren,|: 
cleric, and returned by Samuell Archard, J marshal of Salem, who 
satisfied execution by attachment of eleven sheep, two calves and 
sixteen pounds of cotton wool. 

Execution, dated, 13 : 10 : 1661, against Steeven Kent, according 
to judgment granted to Robert Hazelton, at Salem court, 12 : 10 : 
1661, signed by Hillyard Veren,J cleric, and returned by Robert 

^Autograph. 



1661] RECORDS AND FILES 845 

There being a complaint made of several persons appearing in 
arms at Marblehead, going up and down in several parts of the 
town and shooting off their guns, with a drum beating before them, 
the town not knowing what was the matter, and several of the 
persons, by virtue of a warrant, appearing before Major Hathorne 
for examination, they confessed that they did so, but they did not 
think it would be offensive or contrary to law and had no evil in- 
tention. They were fined as follows : Richd. Hale, 10s. ; Samll. 
Gatchell, 5s. ; Jonathan Gatchell, 5s. ; and Christopher Nicholson, 
5s. 

Lord,* marshal of Ipsweg, deputy of Samuell A.rcharde,* marshal 
of Salem. 

Mr. Baker's bill of cost, sending to Hampton, etc., 17s. 7d. 

John Parmenter's bill of charges, searching for Wellam Smeth, 
etc., 30s. 

John Godfry's bill of cost, going to Salsbury and Newbury, etc., 
Hi. 17s. 8d. 

" Ipswich September 25*'* 1661 
" for diat and other expences at my house 7" 13^ and to that 
^\\ iQs gd fQj. Gi-iflins fine you were plesed to a low to the widow 
1'* 16* 6^ and for the damag of not being at Cort I desir your 
Worships to make it up in all twelfe pounds 

" John Baker."* 

John Andrewes bill of cost, going to Hampton, etc., Hi. 8s. 

Abraham Purckins' bill of cost against Cristofur Millton in an 
action commenced against Abraham Purckins for selling a parcel of 
goods and not giving him an account of them ; for going to Haver- 
hill, Andever, etc., and witness from Rowley and Haverhill, Hi. 8d. 

Vital records [of Andover ?] : — 
John and Steven, twin sons of Henry and Mary Engolls, born May 

21, 3 661. 
Liddia, daughter of John and Mary Osgood, born Aug. 12, 1661. 
Ruth, daughter of Joseph and Mary Parker, born June 2, 1661. 
William, son of Willi, and Mary Chandler, born Jan. 31, 1661. 
Sara, daughter of Ralfe and Elizabeth Farnum, born Jan. 14, 1661. 

Vital records [of Ipswich ?] : — 
Prances Jordan and Jane Willson married 6:9: 1635. 
Sarah Jordan born 8:9: 1636. 
Hanah Jordan born Mar. 14, 163-. 
Mary Jordan born Apr. 7, 163-. 
Mary Jordan died Aug., 16 — . 
Mary Jordan born May 16, 1641. 

•Autograph. 



346 SALEM QUARTERLY COURT [DeC. 

John Porter, the younger, for profane swearing, was fined by 
the commissioners of Salem. 

The foregoing fines were to be entered in the account to the 
treasurer, at the June court, 1662. 

Lydia Jordan born Feb. 14, 1643. 
Deborah Jordan born Dec. 4, 164-. 

Georg Farough and An Whitmore married 16 : 11 : 1643. 
Mary Farough born Jan. 6, 1644. 
Martha Farough born Feb. 25, 164-. 
Febye Farough born May 7, 165-. 

Thomas Stace and Susana Wooster married 4:8: 1653. 

Thomas Stace born July 6, 1654. 

William Stace born Apr. 21, 1656. 

Kebeckah Stace born Dec, 7, 1657. 

Elizabeth Stace born Apr. 16, 1659. 

Joseph Stace [born?] June 27, 1660. 

Mary Stace born Nov. 7, 1661. 

Tho. Harris and Martha Lake married Nov. 15, 1647. 

Thomas Harris born Aug. 8, 1648. 

Martha Harris born Jan. 8, 1650. 

John Harris born Jan. 7, 1652. 

Elizabeth Harris born Feb. 8, 1654. 

Margrett Harris born Aug. 6^ 1657. 

Mary Harris born last of Jan., 1659. 

William Harris born Dec. 12, 1664. 

John Brewer and Mary Whitmore married 23 : 8 : 1647. 
Mary Brewer born Sept. 23, 1648. 
John Brewer born Oct. 6, 1653. 
Sara Brewer born Mar. 27, 1655. 

Mary, daughter of Tho. Tredwell, born Sept. 29, 1636. 
Nathaniell, son of Tho. Tredwell, born 13 : 12 : 1638. 

Hes , child of Tho. Tredwell, born Mar. 21, 1640. 

Matha, daughter of Tho. Tredwell, born Mar. 16, 1643. 

Births and deaths in Topsfeild in 1661, returned by John Red- 
ington,* clerk : — 

Sara, daughter of John and Sara Cumings, born Jan. 28. 
Benjamen, son to Abraham and Margret Eedington, born Apr. 19. 
Ebenezer, son to Fraunces and Ane Bates, born Jan. 20. 
A son to Isack and Mary Cumings, born and died, Nov. 2. 
John, son to Thomas and Elen Dorman, died Jan. 16. 
Calthorn, daughter to Jacob and Calthorn Towns, Feb. 25. 

♦Autograph. 



1661] RECORDS AND FILES 347 

Court held at Ipswich, Mar. 25, 1662. 

Judges : Mr. Sarauell Symons, Major Genrll. Denison and 
Majr. Will. Hathorne. 

Grand jury : Tho Bishop, Tho. Clarke, Jer. Belcher, Andr. 
Hodges, Dan. Hovey, John Brewer, Will. Tittcombe, Lionell Worth, 
Hen. Jaquis, Eich. Swan, Will. Stickny, James Bayley, Andrew 
Allin and Will. Evans. 

Jury of trials : Sergt. Tho. French, John Dane, John Perkins, 
Jacob Perkins, John Anabell, Will. Wyld, Hen. Hunt, Will. Hslye, 
Tho. Thurrell, Ezek. Northend, William Tenny and Isaack Estick. 

John Wild was sworn constable for Topsfield, Henry Jaquis 
for Newbury and Edward Lomas for Ipswich, for the ensuing year. 

Obadiah Wood of Ipswich and Thomas Wood of Rowley were 
made free. 

Christopher Palmer and Walter Roper, guardians to Joseph 
Palmer v. William Sawyer. Trespass. For detaining, making use 
of and refusing to deliver a parcel of salt marsh of twelve acres 
more or less, which was sometime William Palmer's and now of 
right belonging to Joseph Palmer, by the grant of John Sherman. 
Verdict for plaintiff, his title good.* 

Christ. Palmer and Walter Roper, guardians to Joseph Palmer 
V. Will. Hslye. Trespass. For possessing, making use of and 
refusing to deliver a house and four acres of land, sometime Wil- 
liam Palmer's and now of right belonging to Joseph Palmer, by 
the grant of John Sherman. Verdict for plaintiff, his title good.f 

Christopher Palmer and Walter Roper, guardians to Joseph 
Palmer v. Tristram Coffin, constable, in behalf of the town of New- 
bury. For refusing to resign up and to lay out a parcel of land, 
meadow and upland granted by the town of Newbury to William 
Palmer and of right belonging to Joseph Palmer, by the grant of 
John Sherman. Verdict for plaintiff, his title good. J 

*Writ, dated, Feb. 28, 1661, signed by Robert Lord,§ for the 
court, and served by Robert Lord,§ marshal of Ipswich, by attach- 
ment of house and land of defendant. 

tWrit, dated, Feb. 28, 1661, signed by Robert Lord,§ for the 
court, and served by Robert Lord,§ marshal, by attachment of house 
and land of defendant. 

tWrit, dated, Feb. 28, 1661, signed by Robert Lord,§ for the 

§ Autograph . 



348 IPSWICH QUARTERLY COURT [Mar. 

Andrew Hodges v. John Newman. Slander. Verdict for plain- 
tiff. Defendant to make acknowledgment the next lecture day in 
the public meeting house or to be fined. 

court, and served by Eobert Lord,* marshal, by attachment of 
house and land of defendant. 

Warrant, dated, Mar. 15, 1661, to Tristram Coffin, constable of 
Nubury, and signed by Robert Lord,* for the court. 

Joseph Palmer chose his brother, Christopher Palmer of Hamp* 
ton and Walter Roper of Ipswitch as guardians. Copy of Hampton 
court record, 8:8: 1661, made by Thomas Bradbury,* recorder. 

Christopher Palmer,* on Mar. 10, 1661, gave Walter Roper power 
of attorney to settle the case. Wit : Robert Lord.* 

In consideration of William Sawyer's resigning up into the 
town's hands four acres of land at the old town, which was formerly 
William Palmer's land, by Daniell Peirce's land, there were 
granted to said Sawyer four acres to be laid out with his eight acres 
of " divident land." Laid out to William Sawyer twelve acres of 
land in the great field of " divident land," beyond the Newtowne, 
bounded by Mr. Gerrish's land on the east, Gyles Cromlon's land on 
the west, the way on the north and the common on the south. Copy 
taken out of the town book by Anthony Somerby.* 

In consideration of William Sawyer's resigning up into the 
town's hands ten acres of marsh of the twelve acres which were 
formerly William Palmer's, by the ox common, there were granted 
to said Sawyer ten acres of that marsh called Jericho. The other 
two acres he reserved at the north end, bounded by a creek on the 
north and west and joined to William Ilsly's land on the east. 
Laid out to William Sawyer ten acres of marsh, at the marsh called 
Jericho, bounded by Benjamin Roafe's land on the north and 

David Wheeler's land on the east, and William , Tristram 

Coffin's and Samuell Plumer's land on the south, and running on 
the west end of Samuell Plumer's land to a little creek, which runs 
into the great creek on the south west corner, and so running by a 
great pond on the west on a straight line to Benjamin Roafe's land. 
This land extended all the breadth of Samuell Plumer's land on 
the west end, half a rod below the old staddle. Copy taken out of 
the town book by Anthony Somerby.* 

Copy of several grants of land made by the town of Nuwbery to 
William Palmer, as recorded in the town book by Anthony Somer- 
by :* A house lot of four acres, bounded by Thomas Moulton on 
the north, James Rawlins on the south, the street on the west and 
the planting lots on the east; twelve acres of salt marsh, bounded 
by Nathaniell Wier on the west, John Moulton and William 
Easton on the east, Thomas Cromwell on the north and a great 
creek on the south ; four acres of upland bounded by Rich. ; 

•Autograph. 



1662] RECORDS AND FILES 349 

Obadiah Wood v. Kichard Kimball. Trespass. For taking a 
heifer out of his yard and detaining her. Verdict for plaintiff.* 

and eight acres of "divident land" in the field about the new town. 

Deed, dated, Oct. 6, 1647, Christopher Palmer,t in behalf of Ann 
Palmer, widow of William Palmer of Hampton, for eight pounds, 
sold to William Sawyer of Newbery, the house and house lot at 
the old town at Newbery, which belonged to said William Palmer, 
together with twelve acres of marsh adjoining William Elsly's, 
Samwell Plomer's and Samwell Scullerd's land, and four acres of 
upland adjoining the ox common and Richard Kent's land, now 
common, also seven acres of division land beyond the new town. 
Signed by Ann (her mark) Plomer. Wit : Richrd. Knightf and 
William Ilsly.f 

" I Francis Plumer of Newbery do herby declar that I giue my 
Consent to the bargin My wife An Plomer haue made as in the 
other sid Expresed." Francis (his mark) Plumer. Wit : Richard 
Knightf and William Illsey.t 

Robert Lord,! aged fifty-eight years, deposed that he heard Wil- 
liam Sawyer tell of the exchange of land, etc. Sworn in court. 

Deed, dated, 10 : 1 : 1645, William (his mark) Palmer J of 
Hampton, yeoman, in consideration of a release of a parcel of land 
in Great Ormsbye, in old England, by his daughter Martha Palmer, 
now the wife of John Sherman of Watertown, in which his said 
daughter had an interest to the value of 10511., sold to the said John 
Sherman and Martha, his wife, his dwelling and house lot and all 
other land at Newberry, about twenty acres, also all his houses and 
land in Hampton, about one hundred and ten acres of upground, 
meadow and marsh, most of it already laid out, as mentioned in 
the town book of Hampton, with all commonage, etc., also " three 
cowes, two yerlen steeres, Calfes & one sucking Calfe & all my 
houshould stuff my weareing Close only excepted." Wit : Timothie 
Daltonf and Willm. Howard. f Acknowledged, Mar. 12, 1645, 
before Samuel Symonds.t 

*Writ : Obadiah Wood v. Richard Kemball ; trespass, for his 
grandchild, Robert Dutch, taking a heifer out of his yard, etc. ; 
dated, Mar. 19, 1661 ; signed by Robert Lord,t for the court; and 
served by Robert Lord,! marshal. 

Obadiah Wood's bill of charges. Mar. 26, 1662, Hi. 16s. 9d. 

Martha, wife of Thomas Harris of Ipswich, deposed, on Mar. 25, 
1662, that being at Robert Duch's house, and Goodman Kemball 
being there also, Goodwife Wood came in and was much troubled 
that the boy had taken away the heifer. Goodman Kemball said 
that he would uphold the boy in what he had done, and that Good- 
man Wood did no better than steal the heifer from among his cattle 

tAutograph. 
JSeal. 



350 IPSWICH QUARTERLY COURT [Mar. 

John Fuller and Jolin Hathorne, attorneys to the town of Linn 
V. William Longly. Review. Withdrawn. 

or off his common. Deponent replied that she thought the common 
belonged to Goodman Wood and others as well as to Goodman 
Kemball. Sworn before Samuel Symonds.* 

John Sparke, aged twenty-seven years, deposed that he went 
along with John Harde to Solsbery, where the heifer about which 
his brother Wood and Goodman Kemball were in controversy was 
kept, and he found it to have the same marks everyway as John 
Harde described before Deacon Pingry and himself, before he went 
to Solsbery. The marks were a little white spot on her side, 
brownish tail and legs, black horns, bending a little inward, and 
without any earmark, and he saw said Harde single out the heifer 
from all the rest of the cattle, etc. Sworn in court. 

Nathaniell Lumnias, aged about twenty-one years, deposed on 
Mar. 26, 1662, that this heifer lay three nights in his father's 
yard in the beginning of last winter after the snow was upon the 
ground, and that deponent, living with Deacon Pengree winter 
before last, knew well old Goodman Kemball's yearlings, etc. 
Sworn in court. 

Moses Pengry and Lydia, his wife, deposed that the beginning 
of last winter plaintiff inquired of them for a black heifer, etc. 
Sworn in court. 

Thomas Smith, aged about fifteen years, deposed that this 
heifer went with Goodman Kimball's cattle all summer, etc. Sworn 
in court. 

Goodman Hart and Samuel Hart, his son, deposed that Obadiah 
Wood came to their house about November last to inquire for a 
heifer of a blackish brown color, and they told him that they had 
seen none lately, but two young cattle of Goodman Kimball's, a 
heifer and a steer, and also a cow and a calf of his. Said Wood 
told them, if they saw such a heifer to take her up, and demanding 
what earmark she had, his answer was that it was no matter whether 
she had one or not, etc. Sworn in court. 

Edward Lummas, aged about fifty-eight years, deposed on Mar. 
26, 1662, that Goodman Wood, the baker, came to him and asked 
if he had seen a heifer, and said " I will tell you how you may 
know her by this : if you Com neare And hold out your hand to 
her, the heffer will Com to you, for I used to give her " BisCake," 
which deponent did, and she came to him. When said Wood took 
the heifer, he told deponent that if anybody had a better claim, he 
would give her up, etc. Sworn in court. 

James Sanders, aged about nineteen years, deposed that he was 
formerly the servant of Jacob Pirkins, and Goodman Wood put a 
calf to his master to summer, which was constantly in his sight, 

•Autograph. 



1662] RECORDS AND FILES 351 

John Hathorne v, Robert Lord, marshal. For illegal and 
unjust taking away of his horse in pretence of an execution. With- 
drawn. 

Henry Collins v. Robert Lord, marshal. For illegally levying 
an execution upon his person. Verdict for defendant.* 

he bringing them up every night into the cow yard, etc. Sworn in 
court. 

John Numarch, aged about sixteen years, deposed that being 
near neighbor to Jacob Pirkins, he often saw this heifer in the street 
near the gate by Jacob Perkins' house, etc. Sworn in court. 

John Hardy, aged about sixteen years, deposed that he was a 
near neighbor to Jacob Perkins, etc. Sworn in court. 

Thomas Kimball deposed that the heifer was wintered at his 
father Kimball's, and being there once or twice every week, he 
took good notice of the cattle. About the middle of May, this 
heifer and a steer were left on Egypt river plain, etc. Sworn in 
court. 

Caleb Kimball and Robert Dutch deposed about the heifer, and 
the former declared that this heifer was at Henry Bennott's farm 
the summer before, and that Obadiah Wood told him that this 
heifer had a slit in the ear, etc. Sworn in court. 

*Writ, dated, Mar. 3, 1661-2, signed by Francis Johnson,! for 
the court, and served by Samuell Archer,! marshal. 

Execution, dated, Oct. 14, 1661, to Henry Colling and John 
Hathorn, in behalf of the town of Lynn, to satisfy judgment 
granted to William Longlye at last Ipswich court, signed by Rob- 
ert Lord,t cleric, and returned by Robert Lord,! maishal, who 
attached a horse of John Harhorne's, appraised at 15li., and deliv- 
ered to William Longlye. Henry Collings of Lynn having no 
goods to attach, and refusing to go to prison, said Hathorne also 
declining to assist the marshal, the latter was not able to finish the 
levying of the execution. 

Writ : William Longly v. Inhabitants of the town of Lyn ; for 
withholding and not laying out forty acres of land, etc. ;' dated, 
Mar. 20, 1660-61 ; signed by William Cowdry, for the court ; and 
served by Jonathan Hudson, constable, by attachment of Lynn's 
common. Copy made. Mar. 13, 1661, by Robert Lord,t cleric. 

Robert Lord's! complaint : That going to Lyn to serve the exe- 
cution upon Henry Collings, having read the execution and de- 
manded goods to satisfy the same, but said Collings tendering 
none, he was forced to levy the execution up(m his person, which 
having done, he required Sergt. Mansfield and John Hathorne, by 
the authority of the country, to assist him to bring him to prison. 
The said Hathorne not only refused, but rescued the prisoner, 

tAutograph. 



352 IPSWICH QUARTERLY COURT [Mar. 

Andrew Mansfield v. Edward Eichards. Debt. Withdrawn. 

thrusting him toward the house, speaking mutinously, saying, " if 
I were as Goodman Collings if any man should lay hands on him 
to drag him to prisson or draw him to prisson he would trye wch 
was the best man," etc. John Hathorne also interrupted him in 
his office and said the marshal was a lying, prating fool and knave^ 
and would prove him so, and when some one who heard it re- 
proved him for so speaking to an officer, he said he would make it 
good. 

Henry Collins testified that when Marshal Lord had levied his 
execution and asked assistance, he turned to deponent, who had 
no hat upon his head, and said that they had better go into the 
house because it was very cold weather. Whereupon John Ha- 
thorne said '* lett vs goe in to the House & discourse of things 
there," and John Hathorne did not thrust deponent into the 
house, but was at a distance from him when this discourse oc- 
curred in the yard, until they turned to go into the house. Sworn 
in court. 

Joseph Humfrey, aged about twenty-one years, deposed that he 
was at Mr. John Hathorne's house in Lynn when the marshal, 
Robert Lord, came with Goodman Longley to satisfy his execution^ 
as he pretended. Mr. Hathorne told him he would go and show 
him the town's estate, but the marshal said he was bound to go no 
further than the door and went out and seized the horse, etc. 
Sworn, 25 : 1 : 1662, before Wm. Hathorne.* 

Robert Burges, aged about forty years, deposed that Collius said 
there were cattle in his yard, which they could seize, and a colt 
belonging to his son, but the marshal and Longly were not sure 
that they belonged to Collins and so levied the execution upon his 
body. Later, Longly told the marshal to take some horses and 
mares in the yard, but the latter said it was too late, because he 
had seized upon his body, etc. Sworn, Mar. 22, 1661-2, before Ed. 
Batter* and Wm. Hathorne,* commissioners. 

Edward lerson, aged about sixty-two years, deposed that Collins 
told the marshal that the debt was not his, and that he should go 
and take the common, and the marshal said if Collins paid it, the 
town should pay him back. Then Collins told him that he should 
have twenty acres of his own land about his house, or, he said, 
" here is the Towne Comon before my dore take that for your 
satisfaction," all of which the marshal refused. 

John Collins, aged about thirty years, deposed that the marshal 
said it was a bad time to view land then, etc. 

Jonathan Walkett also deposed. 

Edward lerson and Jno. Collins testified that Henry Collins ten- 
dered the marshal forty acres of land up in the country, formerly 

* Autograph. 



1662] RECORDS AND FILES 3d8 

John Godfry v. Job Tyler. For not giving security according 
to promise for an estate of his that was in defendant's hands. 
Verdict for plaintiff.* 

set out to him by the town of Lynn, or the land that he formerly 
attached, being a part of the town common " by Or burieing place," 
and if he would go to the meeting house, he should have goods to 
satisfy the execution. Will. Longly said he could not compel the 
marshal to travel, and the marshal said he was not bound to go 
further than the house or yard of said Collins, etc. 

Henry Collins and John Collins testified that the three men, ap- 
pointed by the court to see this forty acres of land set out, said if 
they adjudge the land worth seven or eight pounds, they would 
have accepted it. 

The foregoing five depositions were sworn to, 17 : 1 : 1661-2, 
before Mr. Batter and Wm. Hathorne.t 

William Longley deposed that when the marshal came to levy 
the execution upon the house of John Hathorne, the latter brought 
the constable and attached the marshal's mare, and said Hathorne 
accused the marshal of lying backward and forward. The second 
time the marshal came to Lyn to Collins' house, he refused to go 
to see the forty acres because he understood it to be five or six 
miles away, etc. Hathorne refused to assist the marshal, saying, 
" I owne the authority of the country but you I will not owne, I 
will see better cloths upon your back first," and, when the marshal 
told him he was not such a fool as to serve the execvition twice, 
said, " I hope I shall make a fool of you before I have done with 
you," etc. Andrew Mansfeild testified the same. They also 
testified that they were present when Robert Burges, constable, 
attached the marshal's mare, and also arrested the latter's person 
to fill the attachment. The marshal agreed to give his bond, 
but it was not accepted, and William Longlye said he would give 
his bond, but that was not accepted. Then John Hathorne said he 
must go to Boston prison, but if Andrew Mansfeild would give his 
bond, it would be accepted. The constable seemed to be willing 
that the mare should be returned, but upon words of said Hathorne, 
it was not done, and the marshal went his way, the mare being 
detained. Sworn in court. 

*Writ, dated Mar. 12, 1661-2, signed by Edmond Fawkner,t 
and served by Thomas Chandler,t constable of Andover, by attach- 
ment of house and land of defendant. 

John Godfre's bill of charges, 21i. 18s. 4d. 

Henry In galls, aged about thirty years, deposed that Goodman 
Tillar came to his house on the tenth of the present month and 
desired him to go with him to John Godfre's to testify that he 
would satisfy him for all that he owed him to a farthing, etc. 

tAutograph. 



354 IPSWICH QUARTERLY COURT [Mar. 

John Godfry v. Job Tyler. Keview of a ease tried at last Salem 
court. Verdict for defendant. The court did not accept the 
verdict.* 

John Carr, aged about twenty-three years, deposed the same. 
Sworn in court. 

Anthony Somerby, aged fifty-two years, testified that when Job 
Tiler made writings to John Godfry for the estate of John Godfry, 
which he had in his hands, he promised to give the said John 
Godfry further security for the said estate, and that the further 
security was to be a mortgage of said Tyler's house and land. 
Sworn in court. 

Thomas Chandler, aged about thirty-five years, going to Job 
T34er's with John Godfre, heard Tyler say that he could give no 
more security, etc. Sworn in court. 

Andrew Allen testified that John Godfry was at work with 
him at deponent's house, etc. Sworn in court. 
Moses Tyler also deposed. Sworn in court. 

John Carr, aged twenty-three years, testified that he heard John 
Godfry say to Job Tyler that he would stand to his bonds, for 
thej'' were sufficient to recover his pay. Sworn in court. 

*John Godfry v. Job. Tiler; review, concerning a receipt for 
twenty bushels of wheat, which said Tiler had paid to Robert 
Lord, sr., upon said Godfry's account, and which receipt Tyler 
refused to deliv«r, etc. ; dated Dec. 17, 1661 ; signed by Richard 
Littlehale,t for the court ; and served by Thomas Chandler,! con- 
stable of Andover. 

Copy of Salem court records of 10 : 10 : 1661, concerning this 
action, and also copy of summons, dated 8:9: 1661, and signed 
by Richard Littlehale, for the court, made by Hillyard Veren,t 
cleric. 

Copies of depositions of George Abbot, Thomas Chandler and 
Anthony Somerby, taken from Salem court records, by Hillyard 
Veren,t cleric. 

Edward Emmans deposed on Jan. 28, 1661, and Mary, his wife, 
deposed on Mar. 18, 1661, that John Godfry and Jobe Tilar were 
at their house last spring, and the latter acknowledged that he 
owed John Godfry a great deal upon several bonds and said that 
he must needs commend John Godfry for his fair dealing with 
him in delivering to him at Goodman Summarsbee's house at 
ISTubearey a bond of fourteen pounds in wheat and rye last spring. 
At the same time, Tilar said that he had delivered twenty bushels 
of wheat to Robart Lord, sr., of Ipswich, and he engaged to pay 
five pounds to Mr. Cuerrell of Salam for John Godfry's use, etc. 
Deponents also said that Tilar brought them sixteen shillings 
worth of trade which Godfry had upon Tilar 's account at Salam. 

tAutograph. 



1662] RECORDS AND FILES 355 

John Godfry v. Job Tyler. For not paying five pounds to Mr. 
Corwin of Salem, according to promise, which was part of a bond 
that plaintiff delivered defendant at Anthony Sumerbye's. Verdict 
for defendant. The court did not accept the verdict.* 

Isaack Commings v. John Fuller. For taking out an execution 
and unjustly imprisoning him, in satisfaction of a judgment 
which said Commings had settled many years since. Verdict for 
defendant.* 

Job Tilar also said that Godfry had helped him to corn when he 
could get none, etc. Sworn before Daniel Denison.f 

Peter Godfry, aged about thirty years, deposed. Sworn in 
court. 

Anthony Somerby,| aged fifty-two years, deposed. Sworn in 
court. 

Moses Tillar, aged twenty years, and John Carr, aged twenty- 
three years, deposed that John Godfre desired Goodman Tillar to 
carry some wheat to Mr. Corell for the said Godfre, for if the latter 
should forfeit his bond with Mr. Dan, he would have to go to 
prison. So Goodman Tillar said that he would carry ten bushels 
and a half to Mr. Corill, and if that was not enough, he would put 
the rest upon his own account, provided he would credit him on the 
next bond that was due, etc. Sworn in court. 

*Writ, dated Feb. 12, 1661, signed by Edmond Fawkner,| for 
the court, and served by Thomas Chandler,^ by attachment of three 
young cattle. 

Job Tyler's bill of costs, 50s. 

John Carr, aged about twenty-three years, Moses Tyler, aged 
about twenty j^ears, and IVEary Tyler deposed that there were three 
bonds due, the first to be paid Mar. 1, 1662, and the others the two 
years following. Sworn in court. 

fWrit, dated Mar. 8, 1661, signed by Robert Lord,| for the 
court, and served by Robert Lord, J marshal of Ipswich. 

Jno. Fuller's bill of cost, Hi. 8s. 3d. 

Katerin Wakeline testified that when she lived with John Fuller, 
she saw Isaake Cummings, the younger, bring a parcel of corn upon 
a sled with oxen, and said Fuller received the corn and carried it 
into his chamber, tearing one sack and spilling corn as he carried 
it up the stairs. This was confessed by the defendant, 

Issaack Coming, jr., testified that soon after John Fuller obtained 
a judgment against his father at Ipswich court upon his appeal from 
Mr. Symonds' judgment about damage by hogs, his father sent him 
with corn in sacks upon a sled to Fuller's house and he delivered 
it to said Fuller, the latter's Irish servant being in the house. Ful- 
ler declared that he was fully satisfied, and deponant never heard 

lAutograph. 



356 IPSWICH QUARTERLY COURT [Mar. 

Ossmond Dutch v. John French. For keeping back some cloth 
and [spoiling. — Waste Book.'\ his coat and a suit of his son's. 
Verdict for plaintiff. 

Robert Day v. Robert Burges. Trespass. For illegally attach- 
ing his mare, which he was forced to replevin, having no warrant 
against him. Verdict for defendant.* 

Mr. Samuell Symonds, gent. v. William Reiner. For illegally 
possessing and improving about twenty acres of land and detaining 

any further demand made, until the marshal served the execution 
and put his father in prison, etc. Sworn in court. 

Robert Lord, marshal, deposed that he heard Isacke Comins say 
that when he carried the corn to John Fuller, the snow was so deep 
that he went over the top of the fences with the sled. Sworn in 
court. 

Samuell Aiers, aged about forty years, deposed that John Fuller 
served a warrant upon Isacke Comens for hire for a horse, and the 
latter said he would satisfy the debt and would not go to law. 
Comens had Indian corn with him, lacking one peck, which depo- 
nent loaned him to pay the horse hire. This was about the time 
that Goodman Comins was at suit before Mr. Simons about hogs. 
Sworn in court. 

Theophilus Wilson and John Porter deposed that when John 
Fuller and Isack Comins, jr., met at Wilson's house, etc. Sworn in 
court. 

*Copy of Ipswich court record of Apr. 17, 1662, Robert Day's 
complaint concerning the bill of cost in Robert Burges' case. Copy 
made by Robert Lord,t cleric. ^ 

Robert Burges' bill of cost, for keeping the mare about fourteen 
days, 10s. 6d., for going to Marblehead for warrants, 3s., and for 
going to Ipswich, Lynn and Salem, etc. 

John Fuller and Edward Richards deposed that they heard Robert 
Lord, marshal, say that the mare that was replevined out of the 
Lynn constable's hands, was in partnership between his father or 
father-in-law and himself. Also, that when John Hathorne said 
that he, the said marshal, several times at Lynn denied the mare 
to be his, the said marshal owned he did so declare. This was con- 
fessed by the marshal. 

Robert Burges, aged about forty years, deposed that when he 
arrested the marshal of Ipswich upon the action of Jno. Hathorne, 
he also arrested a mare the marshal had with him. Then the mar- 
shal asked him if he had attached his mare or horse and deponent 
said " if it be yours I haue attached it," whereupon the marshal 
said it was not his, etc. Sworn, Mar. 22, 1661-2, before Edmond 
Battert and Wm. Hathorne,! commissioners. 

tAutograph. 



1662] RECORDS AND FILES 357 

it from him, which land extended from the fence by said Reynour's 
toward Wennam town to the utmost extent of the bounds between 
Ipswich and Salem, beyond a little house late in the possession of 
Thomas Hobbs, which Thomas Fiske bought of the said Hobbs 
Verdict for defendant.* 

John Emery and wife Mary v. James Merrick. For detaining and 
keeping Issraell Webster, son of the said Mary Emery, without con- 
sent of John Emery and wife Mary, or any other person who had 
oversight of him. Withdrawn. 

Daniell Clarke v. John How. For not returning a pair of oxen 
which he had of the said Daniell for half a day to fetch straw at 
William Hunter's, about the latter end of wheat harvest. Verdict 
for defendant.! 

*Writ, dated Mar. 17, 1661, signed by Robert Lord, J for the 
court, and served by Robert Lord,| marshal, whom Theophilus 
Wilson, J constable of Ipswich, made his deputy, by attachment of 
house and land of defendant. 

Copy of the grant by the town of Ipswich, Feb. 28, 1659, to Mr. 
Symonds, taken out of the town book, Feb. 29, 1659, by Robert 
Lord,! clerk : " Whereas the Comitte (desired by the Towne last 
mee — to considder and determyne what sattisfaction should be al- 
owed to m'' Symonds upon his resigning of the Land betweene him 
and the maior Gen''^') That he shall be sattisfied out of a psell of 
Land belonging to this Towne lyeing upon the bounds of Wennam 
neare Pleasant Pond to the value of Twentye pound att the least. 
Now if the Towne thinks the whole psell be about the same value ; 
or that the overplus will be of no great benifitt to another man It 
is ppounded that he may haue it himselfe, w°h will spare priseing 
of it, and the charge of fenceing." 

fWrit, dated Feb. 21, 1661, signed by Robert Lord, J for the 
court, and served by Robert Lord, J marshal. 

John How's bill of cost. 

Evene Morris deposed concerning the pair of oxen called " stare 
& burnette," which his master Daniell Clarke lent to John Houefor 
half a day to carry straw from William Hunter's, about the latter end 
of wheat harvest. " When John Howe asked my master for the 
oxen he tould John Houe he could not posibly goe over the swampe, 
for we had serched the swamp in dry times & could not finde any 
place to goe over with Cattell in the yoke and the answer of John 
Houe was that he had found a place to goe over as firme as the 
grounde was we all three was at worke upon : which was ferme 
ground as is troden upon by men for it was a great hill my master 
Replyed he wondered at it, for havinge ocation to Carte there he had 

lAutograph. 



368 IPSWICH QUARTERLY COURT [Mar. 

Robert Lord, marshal v. Abraham Drake and William Fifield. 
For illegally taking away a horse out of the custody of the law. 
Withdrawn. 

Robert Lord , sr. , attorney to Edmond Greenlief e v. Nathaniell 
Boulter. For withholding two calves, two muskets and a bushel of 
Indian corn, taken by execution and appraised. Nonsuited. 

as alsoe myself e made dilegente serch and could finde no safe goinge 
ouer eny where John Houe replyed he had firnie grounde to goe 
ouer where Thomas Andrese went with a lode or lodes of buttes, 
my master replyed I strange y* it but if it be soe you shall haue 
the oxen, but I will not haue my Cattell to goe ouer || y* place || 
with a laden carte for I knowe it is uupossible by agremente be- 
twixt John Houe and my master Clarke was to helpe John Howe 
that day he had the oxen in the afternoone aboute his strawe Cary- 
inge for John Houes worke in the forenone, & that the Cattell might 
be out of the yoke before night although John Houe sayd it would 
be done in twoe houers yet we left worke betymes in the forenone 
& went to dinner, and then John Houe and I droue the oxen out 
of my masters yearde into John Houes worke and soe to Thomas 
Bakers, wher John Houe said he should haue more oxen but Thomas 
Baker was at plowe and would not breke ofe, and John Houe then 
sent me hombe with his arrende that when Thomas Baker left off 
at plowe then John Howe and Thomas Baker & Thomas dorman 
would goe them selues for the strawe, but when I had done the 
message my master bade me goe bake againe and tender your halfe 
dayes work & tell John Howe that I will not haue my Cattell in the 
yoke by night nether will I trust my Cattell with them, & unless you 
goe alonge withem that you may see ther usage and tell me and tell 
John Houe that I will not haue my Cattell goe ouer the swampe at 
all, which message I did to John Houe, and his answer to me was 
this then the more the meriere and soe we went Ephraim Dor- 
mon, John Houe & my selfe, and when we cum to the swampe I 
did refuse to goe in to the swampe for John Houe had noe other 
way to goe and then it was quitte night but Thomas Baker & John 
Houe although I stopped the bullocks droue them in wher we stode 
in the swampe three howers or ther about hainge & geinge when we 
could not see ech other nor abeast unlese we did in a maner ether 
touch the beast or the partye Thomas Baker said that they should 
goe into the swampe, and when they ware in he many tymes vowed 
that they should drawe it out or els they should staye in till the 
morninge but at the last we all three unyoked the bullocks though 
contrary to masters order, and beinge very darke and the swampe 
thicke they could be seneno more," etc. Sworn in court. 

William Hunters deposed that Daniell Clark said, at deponent's 
house, that he bid Even Moris see that the cattle were unyoked at 
Mr. Baker's field Sworn in court. 



1662] KECORDS AND FILES 359 

Robert Dutch v. Edward Hanenden. Debt. Withdrawn, 
Mr. Samuell Bradstreet, attorney to Mr. Symon Bradstreet v. 
John Redington. Trespass. For possessing and holding a parcel 
of land in Topsfield. Verdict for plaintiff, the land in contro- 
versy.* 

Thomas Backer deposed that after the case had been debated in 
court, Danill Clark told him that deponent had killed his ox, to 
which deponent replied, " Yon haue touUd me so dinars times but 
how did I kill him ?" Clark said, " With a pichforck you ron 
into him." Sworn in court. 

William Parckins deposed. Sworn in court. 

John Wild deposed that being lost on a very dark night in the 
swamp, he saw How, Baker and Morris with the load of straw 
thrown down to get their oxen out, and that it was about three 
hours after dark when they got them out, etc. Sworn in court. 

Thomas Baker, aged about twenty-five years, deposed that soon 
after the last wheat harvest, John How and Efen Moris came to 
his house with a pair of oxen and asked deponent to loan them a 
pair to help with a load of straw. Deponent told them that they 
could have them if they could find them, but they could not and 
said they would get one of Goodman Dorman's sons to help load the 
straw. Said Moris went home again, and deponent told Howe that 
about half an hour before sunset, he would help him, and as he was 
driving, Moris said that he should not meddle with his oxen and 
bade deponent give him the stick, etc. Deponent asked Danell 
Clarke why he sent Moris back again when John How had sent him 
home, and he said because he could trust nobody with his oxen, etc. 
Sworn in court. 

*Writ, dated, Feb. 27, 1661, signed by Daniel Deuison.f for the 
court, and served by John Wiles,t constable of Topsfeild. 

Samuell Bradstreete's bill of charges, 21i. lis. 

Granted at a geueral meeting, 7 : 12 : 1639, to Mr. William 
Paine, 260 acres, in consideration of resigning up 200 acres, which 
lay on the south side of the river, to be laid out by Goodman 
Dorman and the lot layers ; and in case there be overplus in the 
place formerly viewed, adjoining to Mr. Symonds, Mr. Whitting- 
hara, Mr. Brodstreet and ''my owne w% I bought," he was to leave 
it between Mr. Broadstreet and himself and a way of six rod 
broad, to lead from Mr. Bradstreet's in common near Mr. Whit- 
tingham's farm. Copy from Ipswich town book, taken, ]\lar. 13, 
1661, by Robert Lord,t clerk. 

Granted, 20 : 11 : 1647, to William Paine, the other part of the 
said farm lying nearer the town by Mr. Whittingham's, bounded by 
the land of Mr. Symon Bradstreet and Mr. Whittingham's toward 

tAutograph. 



360 IPSWICH QUARTERLY COURT [Mar. 

Ricliard Bellingham, Esq. v. John Pickerd, guardian to Nehe- 
miah Jewett. Trespass. [For withholding a dwelling house and 
a four acre lot. — Waste Book.'] Verdict for defendant.* 

the south and southwest, Mr. Sarauell Symonds on the northwest? 
a point coming to the four mile brook, having the land of Mr. 
Bradstreet on the east and of Mr. Rogers on the northeast, the 
whole farm containing 400 acres. Copy from Ipswich town book, 
taken, Mar. 13, 1661, by Robert Lord,t clerk. 

Granted to Mr. Bradstreete, a narrow strip of land between him 
and Mr. Whitingham, to reach up to the place where Mr. Paine's 
and Mr. Whitingham's join, or the nearest place of joining. Copy 
from Ipswich old town book, taken. Mar. 31, 1660, by Robert 
Lord,t clerk. 

John Wilds testified that John Reddington is the owner of the 
piece of land in controversy, and that he fenced it in and built 
upon it. Sworn in court. 

Corporal Gage testified that when he laid out Mr. Payne's farm, 
which is now in possession of John Reddington, there was left out 
a long slip of land between it and Mr. Whittingham's farm at 
one end, butting on Mr. Bradstreet's farm about sixteen or eighteen 
rods broad, and so running up between Mr. Whittingham's farm 
and Mr. Payne's, from Mr. Bradstreet's farm to the dark swamp 
about half a mile in length. Sworn in court. 

Ensign Howlet also deposed the same concerning this land in 
Topsfield. Sworn in court. 

Thomas Dorman, sr., deposed that at a meeting at Goodman 
Lomkins, Mr. Bradstrat propounded for 200 acres of ground upon 
the hill before Mr. Parkinsis. The lot layers were asked how much 
common land there was and they said 300 acres, and there being 
so little, the town would not grant it. After this Mr. Bradstrat 
and Mr. Pain had some words, and the latter told Brodstrat that 
he had harmed him in that he could not come to the common. Mr. 
Brodstrat propounded for the slip of land, which was sixteen rods 
wide at one end and like a " share pind " at the other. The lot 
layers were called and told him that it would not help him to the 
common, yet with much importunancy, he had it granted to him. 
Sworn in court. 

*Writ : Richard Bellingham, Esq. v. John Pickard, guardian 
of Nehemiah Jewett, Samuel Plats, Henery Roy oily, John Grant, 
John Tod, Thomas Leaver, Thomas Wood, William Law, John 
Pallmer, Marke Prime, James Barker, sr., John Dresser and Faith 
Smith, widow ; for illegal entering into and unjustly withholding 
a dwelling house and a four acre lot, with the lands , arable ground, 
meadow, pasture, commons, and all buildings and fencings, all in 
Rowley, which was formerly in possession of William Bellingham, 

tAutograph. 



1662] flECORDS AND FILES 361 

deceased, and since in the possession of Richard Bellingham, his 
brother; dated Mar. 19, 1661-2; signed by Robert Lord,* for the 
court ; and served by John Tod,* constable of Rowley, by attach- 
ment of the houses, lands and cattle of defendants. 

Samuell Platts confessed in court, before Robert Lord,* clerk, 
that he did possess a part of that land which was sometimes Mr. 
William Belingham's, late of Rowley, deceased. 

Richard Longhorne, aged about forty-five years, deposed that 
Mr. Samuel Bellingham let to Mr. Richard Bailey and himself all 
the farm which was Mr. William Bellingham' s of Rowley, together 
with four oxen and one cow, for the term of two years, following 
the decease of said Bellingham, and put the tenants in hope of 
letting them one mare which the said Samuel hoped he should ob- 
tain of his father, master Richard Bellingham. But after earnest 
entreaty, Mr. Samuell could not obtain it. In this lease, liberty of 
the great chamber, house and cellar, if there were need, was ex- 
cepted for the use of Mr. Richard Bellingham to dwell in if he saw 
cause to come, else all was let to deponent and Bailey, and if Mr. 
Richard had any other liberty, it was upon the tenants' sufferance. 
Sworn in court. 

Copy of will of William Bellingham, proved in Ipswich court, 
24 : 7 : 1650, taken out of the book of records for the County of 
Essex, in folio 83, 1650, by James Chute.* He ordered that " my 
debts be paide, as I haue formerly ordered, that is to say that John 
Smith haue the little heifer at Merimacke ; & the rest in Corne ; 
for John Aslet, if it appeare upon reckoning that I doe owe him 
anything I will y* it be paid in Corne according to our agreement, 
for Hugh Smith that he be paid partly by the hire of his Cowe, & 
the rest in Corne according as we agreed, Michaell Hopkinson in 
beading & Corne. Richard Holmes for Merimacke Fence, is to be 
paid in Corne, for fencing the upper lott he is to be paid in Corne 
& beading. M"" Broughton's father in law demandeth three pounds 
of me, but he must make it appeare to my executor before it be 
paid. For M"" Rogers he hath my filly & her fole for Seuen pounds 
which I ought him, & nine pounds more which I owe him, he is to 
be paid out of my Cattle. Item I will that whatsoeuer is due to 
me from the Towne shalbe remitted, & is giuen by me Toward a 
Comon Stocke for the Towne. Item I doe freely giue to my 
seruant Jeremy Northende fowre pounds whatsoeuer other small 
debts doe really appeare to be due from me to any man, I will to 
be paide out of the rest of my goods, from whatsoeuer time my 
man Jerimy is to serue I will that he shall Serve that time wholly 
to m'^ Rogers, to whom I doe giue him ouer, & his Care, Item I 
doe giue to my loueing Freinde m' Thomas Xelson my Smallest 
byble which was my wines, Item I doe giue to m'' Rogers my 
Golde ring which was my wiues, Item I doe giue to Jeremy my 
man two Cloth Suites, a white one & a browne. Item I giue to 

*Autograph. 



362 IPSWICH QUARTERLY COURT [Mar. 

Marget Crosse my ould w* Cloth Coate. Item I giue Eliz : Jack- 
son m'' Rogers maide Twenty shillings. Item to william Hobson 
fine shillings & as much to Hannah Grant. Item I will that after 
all my debts be paide the whole remainder of my goods, lands & 
whole estate be giuen, & I doe giue it to my loueing Nephew M' 
Samuell Bellingham, & this my last will & Testament I doe Con- 

firme with my owne hand & Seale." William Bell . Wit : Ez. 

Rogers, " who writt this," and Tlio. Nulson. 

James Chute* testified. Mar. 26, 1662, that there was a seal to 
the original will of Mr. William Bellingham, although those words 
" and a seale," were not expressed. 

Richard Longhorne deposed that in the sixth year of their lease, 
Mr. Richard Bellingham and deponent discoursing together about 
a young gentleman, called, as he supposed, Samson Eatou, who was 
a kin to Mr. William Bellingham, now deceased, Mr. Richard seemed 
to be affected that the young gentleman was disappointed in the 
result of his coming over, the latter having expected to inherit a 
great portion of Mr. William's estate, which he might have done had 
he arrived before the decease of Mr. William. However, said Mr. 
Richard, " my brother gave it to my son Samuel." Sworn in court. 

Richard Longhorn further deposed that on a certain time at 
Rowley, after Mr. Samuel Bellingham had been in England, Mr. 
Richard Bellingham being then at Rowley, and in company with 
John Boynton, sr., Mr. Richard called deponent to him and asked 
him to whom he paid his rent and he said he could not remember, 
but answered " your worship had a bushill of corn." Said Belling- 
ham replied that he could not remember having any corn except in 
the way of exchange, giving English for Indian, his intention be- 
ing to clear himself from the evil report of withholding his son's 
estate. Sworn in court. 

John Boynton, sr., aged about forty-eight years, deposed that, 
hearing that Mr. Samuel Bellingham had reported at Boston that 
he could not get any account of Mr. Richard Bellingham, his 
father, nor of the rent of the stock thereon for the time Samuel 
was in England, and being sorry to hear such report, took occasion 
on account of his well-wishing to Mr. Richard Bellingham, to speak 
to him, etc. Sworn in court. 

John Spofford, aged about fifty years, deposed that he hired the 
whole farm now in controversy of Mr. Sammuell Bellingham, for 
five years, and that he paid the rent yearly to Mr. Jewett, by order 
of Mr. Sammuell Bellingham. He further deposed that Mr. Richard 
Bellingham was not pleased with the sale of this farm by his son, 
Samuel, to Mr. Jewett, and that he told him he would have 
given ten pounds more for it. Sworn in court. 

Richard Homes deposed that for work which he and Michaell 
Hobkinson did for Mr. William Bellingham, they were paid by 
Mr, Samuel Bellingham, part in a cow and the rest in team work. 
Sworn in court. 

♦ Autograph. 



1662] RECORDS AND FILES 363 

Symon Tuttle, attorney to his mother, Joana Tuttle, executrix to 
her late husband, John Tuttle v. Richard Shatswell. For non- 
payment of rent, according to covenant. Verdict for plaintiff.* 

*Writ : Symon Tuttle, attorney to his mother, Joanah Tuttle, 
executrix to her late husband, John Tuttle v. Richard Shatswell; 
for non-payment of rent due by covenant under his hand, bearing 
date Mar. 14, 1653-4, and for not delivering several particular 
goods in a note annexed ; dated Mar. 19, 3 651 ; signed by Robert 
Lord,t for the court, and served by Robert Lord,t marshal of 
Ipswich. 

Symon Tuttell's bill of costs, for John Gage, Georg Giddings, 
Waltor Roper and Philip Fouler, 21i. 12s. 

Letter of attorney, dated Mar. 26, 1662, given by Richard Shats- 
wellt of Ipswich to Samuell Hall. Wit : John Atkinson f and 
John Emmerry, sr.f 

" My ant Tutels a count of worke and other things :" 2 daise the 
first sumer about the barne and fenses and other things, 4s. ; for 
diging and bringing horn six lods of clay, 8s. ; 2 daise in the 
swampe in the sommer time faling trees for the barne flower and 
house of Robert Smith and my selfe, 10s. ; Robert Smith and the 
boy 1 day drawing timber out of the swamp, 8s. ; 1 day of us all 
bringin hom timber with the teame, 10s. ; halfe a day of goodman 
brooer and a day of my selfe, 4s. ; and Robert Smith that day with 
the teame to draw out of the swamp is worth 8s. ; myselfe and the 

teame halfe a day, ; a day feching over from the forther sid of 

the swamp of Roberd and myselfe and the teame, 8s. ; halfe a day 
of Robert with his two catell to fetch over the swamp, 2s. ; 1 day 
feching hom with 2 teames and 4 men, 16s. ; my selfe a day and 
halfe and thomas the Scot and myself a day to fall croscut and 

rive posts, ; and 2 lods of postes feching hom, ; for 

mending the comon gate, 3s. ; my selfe and the boy about thatch- 
ing, 3s. 8d., and Mary Roper, 6d., 4s. ; halfe a day of my selfe 
mending the barne dores. Is. ; paid for nailes at Mr. William 
Paines 300 at 8d. per hondered, 2s. ; for nailes at Mr. Robert 
Paines, 5s. ; for nailes at Mr. Jowits the last yeare, 200 at 12d. 
per hondred, 2s. ; paid to Franses bats for clabords and palles, 12s. 
3d. ; for keping the broune steare the first spring, 5s. ; for wintring 
of him the next winter, — ; paid to goodman Roper for groundsel- 
ing the house and other worcke, 21i. ; paid to the sawyers for sawing 
of timber for the barne flower. Hi. 2s.; paid to Mr. Cogswell 40 
bushils of Indian corne acording to Mr. Jowits order, 61i. ; paid to 
danill Poare of andiver 20 bushils of Indian corne upon the reset 
of Mr. Jowits bill mad to goodman lord or his asines dated the 24 : 
Im. 1655 or 56, 31i. ; paid to henry Rally of Rowley 6 bushils in- 
diane corne a cording to Mr. Jowits bill dated 27 : 3m : 1656, 18s. ; 

tAutograph. 



364 IPSWICH QUAETERLY COURT [Mar. 

Richard Shattswell v. Robert Smith. For rent of a house, land, 
etc. Defendant acknowledged judgment of 211i., but there were 

R. Smith about the orchard f ense wth samewell barnom, 10s. ; and 
15s. he payd to goodman kingsbery towards ground silling the 
house, 15s. ; one day drawing thatch and one day sarving the 
thatcher, 4s. ; one day mending up the comon fense, 2s. ; one day 
mending the orchard fense, 2s. ; halfe a day mending the street sid 
fense and halfe a day about 5 rail fense, 2s. ; payd to John Mase 
for thatching 1 day, 2s. ; ther weare fore score bushils of Indian 
corne mesyoured out and laid up for the rent by my selfe, 12ii. ; 
and a horse || the hors is tacken back if Siman exsept of another || 
that I sould to Mr. Jowit for part of pay for the rent, 141i. 10s. ; 
total, 481i. 7s. — d. 

Robert Smith, aged about thirty-three years, testified that the 
foregoing account was true and that the four score bushels of In- 
dian corn laid out till it spoiled and that Shatswell told Mr. Jowit 
that the corn was ready for him or anybody who would receive it. 
The latter said he did not need it, but if he had wheat he might 
deliver it to John Litens. Shatswell sold Mr. Jowit a horse upon 
account of rent, etc. Sworn, Jan. 28, 1659, before Daniel Deni- 
son.* 

Robert Punell, aged about twenty years, deposed that he lived 
with his master Shatswell, when the latter dwelt at Mrs. Tuttle's 
house, and the work was done according to the foregoing account, 
etc., and the corn lay ready for Mr. Jewett in a porch chamber, 
etc. His memorandum of work done : Reparains of the house & 

fences, two days work the first summer about the Barne & , 

digging & bringinge home six load of clay , one day myselfe 

& Robt. Smith drawing Timber , one day my mr., Robt Smith 

& myselfe drawing , halfe a day of goodman Bewer & my mr. 

a day about & Robt. Smith one day wth ye Teame drawing 

Timber, one day my mr. and myselfe wth. the Teame drawing 
Timber, one day fetchinge timbr wth. 4 men & two Teames, my 

mr. one day & halfe & Tho. the Scott one day to gett , two 

load of poasts fetching home, mending the comon gate att sevall. 
times, my mr. myselfe & Mary Roper one day about thatching, 
halfe a day of my mr. mendinge the barne doore, Francis Bates for 

payles, Henry Riley & Jonathan Platts by my mr. , myselfe 

one day drawing thatch & Robt. Smith one day thatch , Robt. 

Smith one day mending the orchard fence, Mosse one day thatching 
to Goodman Harsell, one days worke. Sworn in court. 

Robert Smith and Robert Punill deposed that at the time that Rich- 
ard Shatchwell's lease from Mrs. Tuttell expired, when he left the 
house and lands, the orchards were fenced in by a sufficient fence 
and the sheep house was left upon the premises the same as when 

•Autograph. 



1662] KECORDS AND FILES 365 

some other things, such as about milk of cows, corn and wheat, 
further to be cleared.* 

he went there. Also, the court yard fence was up, but some of it 
might be down to carry in timber, but the fence was left to be set 
up again to secure the court yard fence. The fence against the 
street and all other fences were left in good repair, etc. Sworn in 
court. 

Theophylus Shatswell, aged forty -five years, deposed that some- 
time since he was at the making of an agreement between marchant 
Joseph Jowit of Kowly and deponent's kinsman, Richard Shats- 
well, for the price of a horse at 141i. 10s. etc. Sworn, 24 : 4 : 1659, 
before Tho. Bradbury, f commissioner. 

Mary Parcker, aged about twenty years, deposed that her master 
Shatswell, when they lived in Mr. John Tuttell's house, reserved 
fifty-three bushels of Indian corn of Thomas Kimball and twenty- 
seven of Thomas Dorman, which said Shatswell laid up for the rent, 
etc. Sworn, 17:4: 1659, before Natha. Duncan,! commissioner. 

*Agreement, dated Mar. 18, 1653-4, between Mrs. Joanna Tut- 
tell and Richard Shatswell,]: for her house and land at Ipswich, 
the said Joanna Tuttell being attorney to her husband, Mr. John 
Tuttell, now living in Ireland : That from the fourteenth day of 
the present month, said Shatswell should for two years enjoy 
the dwelling house, barns, orchard and outhouses of said Tuttell ; 
also all her meadow, marsh and broken up ground within the 
common fence, paying to said Joanna at her now dwelling house 
in Ipswich, 241i. per year in corn, at each year's end; also two 

and one cow, all of which should be in good condition at the 

expiration of the time etc. There were also two plow chains and 
a share and colter, two yokes and half a harrow of which said 
Shatswell was to have the use. Wit : Richard Martynf and Thomas 
Borniim.t 

John Gage, aged about fifty-eight years, deposed that Mr. Tut- 
tell's house was groundselled after Satchwell's lease was out, and 
when deponent went out of the house, he left a good oven, but 
when he came again into the said farm, the oven was so spoiled 
that it could not be mended without pulling it down. There were 
two casements of glass in the cellar and two panes in the hall gone 
and broken, so they were obliged to get new ones, also that the barn 
was so ruined that he was obliged to buy three hundred feet of 
boards to mend the same before he could make use of it. The 
fences were dowa all about the orchard and yards. Deponent 
affirmed that the bill annexed to the lease was a true bill and all 
the tacklings were delivered to said Satchwell, excepting the plow 
collar. Sworn in court. 

jAutograph. 
:!:Autograph and seal. 



366 IPSWICH QUARTERLY COURT [Mar. 

Job Tyler v. John Godfry. Debt upon accounts and for dam- 
ages. Verdict for plaintiff.* 



" A note of w* Cosseu Shatsell hath Reed : of Goodman gagge," 
a grindstone & a Beadsteade, a Back for ye Chimney & one Iron 
barr in ye Chimney, a Share & Colter & a Boult to a plow, 2 ax 
nayles, 2 linspins & washers, one old share 4 hoops for wheeles, 2 
yokes & Chaines & a band for a plow beam, Span shackle & a boult. 

*Writ, for not making up eight loads of hay according to con- 
tract, whereby three head of cattle were lost, dated Feb. 8, 1661, 
signed by Ed. Fawkner,! for the court, and served by Thomas 
Chandler,! constable of Andover. 

Due to John Tyler from John Godfry : For washing, dress and 
diet a summer, Hi ; breaking up ground, 5s. ; delivered him in goods 
of Mr. Corwin upon my account, 15s. 3d. ; a peece of huswives at my 
house, 16s. ; bagg, butter, pork and venison, 9s. ; a tray, Is. ; diet 
at severall times at 4s. per week, 21i. 5s. ; charges at Court, 13s.; 
a yard and a half of kersy at 9s. 6d. per yd., 14s. 9d.; caridg of 
10 bushel and halfe wheat to Salem, 7s. ; caridg of 20 bushls. wheat 
to Ipswich, 10s. ; caridg of 6 bushels corn to Salem, 4s. ; my wife 
and Moses, witness, 5s. ; for Moses waiting upon him, 2s. ; a journy 
to Haverill, 3s. ; paid Mr. Gidney for him. Is. ; total, . 

Richard Coy testified that when the account was read at Salem 
court, John Godfry owned that there were four pounds due Job 
Tiler. Sworn in court. 

John Carr, aged about twenty-three years, testified that he saw 
Godfrey receive a piece of kersey cloth and he allowed 16s. for it, 
also for one month's diet this last summer, for which Godfree said 
he would pay 16s. This was confessed in court by John Godfry. 

Moses Tyler deposed that his mother dressed John Godfrey, and 
washed his clothes above twenty weeks in one year and that his 
father found Godfrey's diet for eleven weeks, which was never 
satisfied. Mary Tyler affirmed the same. 

Thomas Chandler deposed that he heard Job Tyler say that he 
was to give Godfre 12s. a week and his diet for his work in hay 
time and harvest, and said he scorned to take pay for a man's diet 
who worked for him. 

Nathan Parker deposed that he asked John Godfry to work for 
him, but he said he could not for Goodman Tiler had let him have 
cloth to make him a suit of his wife's spinning and he must work 
it out ; also he had given said Godfry twenty shillings worth of 
cloth at Salem, and he must work that out. Sworn, Dec. 9, 1661, 
before Simon Bradstreete.t 

Thomas Farnaum testified that he delivered, in April or May 
last, to John Godfare, a yard and a half of kersy for Job Tyler, at 
9s. per yd. Sworn, Dec. 9, 1661, before Simon Bradstreete.t 

tAutograph. 



1662] RECORDS AND FILES 367 

Job Tyler v. John Godfry. For refusing to deliver up a bond 
Withdrawn. 

Zacheous Gould v. Tho. Putman. Trespass. Withdrawn. 

Elizabeth Griffin, administratrix of the estate of Humphry 
Griffen v. Peeter ]N"ash. Debt. For a cow he had and was to pay 
Mr. Russell at Charlstowne. Defendant acknowledged judgment. 

Rich. Bellingham, Esq. v. Tho. Lever. Trespass. Withdrawn 

Richard Bellingham, Esq. v. Samuel Platts. Trespass. Verdict 
for defendant. Appealed to next Court of Assistants. Mr. John 
Wissald bound for said Bellingham. 

Rich. Bellingham, Esq. v. Henry Ryly. Trespass. Withdrawn. 

Rich. Bellingham, Esq. v. Faith Smith, widow. Trespass. With 
drawn. 

Rich. Bellingham, Esq. v. William Law. Withdrawn. 

Rich. Bellingham, Esq. v. John Grant. Withdrawn. 

Rich. Bellingham, Esq. v. John Tod. Withdrawn. 

Rich. Bellingham, Esq. v. John Palmer. Withdrawn. 

Rich. Bellingham, Esq. v. Tho. Wood. Withdrawn. 

Rich. Bellingham, Esq. v. Marke Prime. Withdrawn. 

Rich. Bellingham, Esq. v. John Dressour. Withdrawn. 

Rich. Bellingham, Esq. v. James Barker. Trespass. Withdrawn. 

Joseph Armitage v. Mr. Oliver Purchase. Debt. Withdrawn. 

John Carr v. John Godfry. Defamation or slander. For saying 
that Carr lay with the wife of John Russ upon the bed. Verdict 
for plaintiff.* 



Neklos deposed. 

*Writ, dated Dec. 9, 1661, signed by Edmond Fawkner,t for the 
court, and served by Sarauell Archard,t marshal of Salem. Bond 
of John (his mark) Godfery. Wit : Hillyard Verenf and Thomas 
Robins.f 

John Carr's bill of cost, 51i. 4s. 6d. 

Job Tyler, aged about forty years, Mary Tyler, aged about forty 
years, Moses Tyler, aged about twenty years, Mary Tyler, aged 
about eighteen years, and Hanna Tyler, aged between fourteen and 
fifteen years, deposed that they heard John Godfry say that John 
Carr lay with John Ruse's wife upon the bed and that he deserved 
to be hanged, etc. Sworn in court. 

Thomas Johnson, aged about twenty-eight years, deposed that he 
told John Godfree that Carr would sue him for such words, and the 
latter replied that he did not care how soon, for he could prove it. 
Sworn in court. 

tAutograph. 



368 IPSWICH QUARTERLY COURT [Mar. 

J«I"icolas Noyes and Hugh Marsh, in the name of the selectmen of 
Nubury v. Willm. Sawyer. For detaining and not resigning up ten 
acres of salt marsh. Withdrawn. 

John Godf ry v. Job Tyler. Debt. Being part of a bond. Ver- 
dict for defendant. Appealed to the next Court of Assistants. 

Elizabeth Grijffen v. John Gaynes. Action of dower. Verdict 
for plaintiff, her third part of the house and land which Mr. 
Kobert Paine took by execution from her late husband, Humphry 
Griffen, of which John Gaines is now possessed. 

John Millangton acknowledged judgment to Daniell Clarke of 
Topsfield. 

Elizabeth Griffen, administratrix to the estate of her late hus- 
band, Humphry Grifi&n, acknowledged judgment to Mr. Richard 
Russell of Charlstowne. 

John Goyte, dying intestate, the court granted administration to 
Mary Goyt, his widow, and Mr. William Steevens, her father. In- 
ventory, amounting to 341i. 6s., was presented. 

Isaack Waklye, Henry Muddle and John Pomary having been 
cast away at sea, and none appearing to desire administration of 
their estates, and William Browne, constable of Gloster, presenting 
papers of the estate of Henry Muddle, amounting to 141i. 16s. lOd., 
Isaack Wakely, 61i. Is., and John Pomare, 41i. lis. lid., was given 
charge of the estates until further order. 

James Mudg, Aniball Lane and William Homan, having been by 
God's providence cast away, and no wills appearing, the court 
granted administration upon their estates to Walter Sussex, a part- 
ner with them, and ordered him to bring in an inventory to the 
next Salem court. 

John Lookeman, Nicolas Lookman, John Hart and Richard 
Holeman, having been cast away, and no wills appearing, the court 
granted administration upon their estates to Mr. George Corwin and 
Mr. Moses Maverick, and ordered them to bring in an inventory to 
the next Salem court. 

Sifforye Cock, John Anard and Tobiah Beckes, having been cast 
away, and no wills appearing, the court granted administration 
upon their estates to Mr. Edward Ting and Mr. James Brading, 
and ordered them to bring in an inventory to the next Salem court. 
Thomas Smith, dying intestate, this court granted administra- 
tion to Mary Smith, relict of Thomas Smith, and ordered her to 
bring in an inventory to the next Salem court. 



1662] RECORDS AND FILES 369 

George Smith, dying intestate, this court granted administration 
to his mother, Mary Smith, and ordered her to bring in an inven- 
tory to the next Salem court. 

Richard Eliott and John Garven, having been cast away, and no 
wills appearing, the court granted administration upon their es- 
tates to Mr. George Corwin, and ordered him to bring in an inven- 
tory to the next Salem court. 

John Balch, dying intestate, this court granted administration to 
Mary Balch, the widow, and ordered her to bring in an inventory 
to the next Salem court. 

John Dorman, dying intestate, this court granted administration 
to Mary Dorman, the widow, and the inventory* was allowed. 

*Inventory of the estate of John Dorman, deceased, appraised, 
Feb. 12, 1661, by Francis Pebody and Samuell Brocklebanke : One 
booke and Aperell, one cloake, 21i. 5s. 6d. ; one jackit and briches, 
21i. ; one wascoate, 7s. ; one dublit and a paire of briches, Hi. Is. ; 
three paire of stockins, 8s. ; Gloves, 6s. ; one Inkhorne, 4d. ; one 
neckcloath, 8d. ; one hate, 10s. ; another wascoate jackit and two 
paire of briches. Hi. 15s. ; one paire of boots, spurs and 2 paire of 
shooes. Hi. Is. ; in sheets, shirt and other linen, 21i. 15s. ; 4 cushins, 
12s. ; 4 bands and 3 hankercheifers, 9s. 6d. ; one bedstead and 
beding on it, 71i. 8s. ; musket, sword and amunition. Hi. 15s. ; puter 
and spounes, 12s. 6d. ; one drinkeing and brase skellit, 4s. ; in 

earthen and wooden dishes and trayes, 6s. 4d. ; in chest and boxe, 
9s. ; in one Iron pot and pothookes, 12s. ; wheat, 31i. ; one meall 
trough and one sith, 3s. ; in flaxe and hempe, 16s. ; in two swine, 
21i. 13s. ; in two cows, one stere calfe, lOli. 6s. 8d. ; in Indian corne 
unthrashed, by estimation about therty bushell, 31i. ; more in wheat 
unwinowed, about 4 bushell, Hi. ; total, 461i. Is. ; in debts dew to 
the deceased from Thomas Baker, 4 bushels of wheat. Hi. ; debt 
due from Peter Cowper as part of portion, 211i. ; debt due by bond 
from Thomas Dorman, 501i. ; debts to be paid out of the estate, Sli. 
6s. 6d. " Be this knowne unto all men that Thomas Dorman of the 
towne of Topsfeild Hath and doth freely exprese himselfe that for 
a quiete and loueing Agreement betwene peter couper and him in 
differance about that estate that the said peter couper did expect 
that his daughter should haue bene estatediu, he would Giue unto 
the said Mary dorman." 

Inventory of the estate of Richard Browne of Newbury, who de- 
ceased Apr. 26, 1661, taken, June 5, 1661, by Richard Knight,t An- 
thony Somerbyt and Steven Grenleff,t and proved in Ipswich court, 
Mar. 25, 1662, by Elizabeth Browne, the widow and executrix : Six 
and twenty acres of upland & meadow with house & barne and eight 

t Autograph. 



370 IPSWICH QUARTERLY COURT [Mar. 

Mr. George Corwin, Mr. Walter Price, Mr. Moses Maverick, Mr. 
William Browne and Mr. Edmond Batter were licensed to sell 
strong waters, as formerly. 

and twenty acres of upland and meadow and a house, 1-2 a barne & 
sixe and twenty acres of upland & meadow, 4001i. ; a mare and a horse 
and two j^eareliug Colts, 461i. ; a yoak of oxen and six cowes, 401i. ; 
thre yearling steere & a two yerling heifer, one yerling & 4 calues, 
121i. ; three ewes, three weathers, 2 lambs, 41i. ; A sow, twelue 
shoots, three pigs, 91i. ; Corne upon the grownd, 161i. ; his weare- 
ing apparrell, 131i. 6s. In the Hall, a bedsted & a trucklbedsted, 
with a fetherbed, a bolster, 4 feather pillowes, 2 blankets, a cover- 
led & a Ruge with curtaines, a vallons with a flockbed and bolster, 
a rug and blanket, 151i. ; two chests, a trunck, 2 boxes and a case of 
bottles, 31 i. ; A Cubbard and Cubbard cloth, a table, a settle, a 
forme, 2 chayres, one stoole, 4 Cushions and a Cradle, 41i. ; two 
Carpets, Hi. lOs. ; A Bason and ewer, 4 silver spoones, a Cupp, a 
little basen, 6 chiny dishes & a warmeing pan, 31i. 10s. ; A paire of 
Holland sheets & 4 pillow bears, 21i. ; Nine sheets & 2 pillow bears, 
21i. ; one diaper & 2 network cubbard cloths, Hi. ; one diaper table 
cloth & 2 diaper napkins, a Holland tablecloth & 16 napkins, 21i. 
5S. ; A box, a desck, 2 little pillows & a basket, 10s. In the seller, 
4 beare vessells, trayes & a bowle, a keeler, 5 chesefatts, a churne, 
a pondering tub & butter tub & a koowle & other lumber, Hi. 10s. 
In the kitchin, two brass potts, a great bras kettle, a little bras ket- 
tle, 4 brass pans, 2 brass candlesticks, 2 Skillets, 51i. ; A morter 
and pessill, a chafing dish, a skimmer, a brass Ladle, Hi. 16s. ; An 
Iron pot, 2 tramells, a paire of Andirons, a pr. of tongs & fire 
sho veils, a spitt, 2 pr. of pott hooks, 2 smoothing Irons, a flesh- 
hooke, a pr. of sheers & a pr. of Snufi:ers, frying pan & an Iron 
peele & a pressing Iron & passell. Hi. ; two guns and a musket 
barrell, a sword & amuuition & a watchbill & a chopping knife, a 
Clever & a shreding knife, 2 lamps, 31i. 6s. 8d. ; Eleven platters, 2 
basins, 5 fruit dishes, 7 porringers, 4 sawcers, 2 salt sellers, a flag- 
gon, 2 quart potts, 2 pint potts, a halfe pint pott, a cup & a beaker, 
a halfe pint bottle, 2 pewter chamberpots, 6 Alcumy spoones, 61i. ; 
Books & an houre glass. Hi. 10s. ; A little table & Cubbard & 
foormes, a pr. of bellowes & chayres & a cheespresse, a linnen 
wheele & a woollen wheele & other Lumber, 2 dozen of trenchers, 
2 pr. of cards & 2 bucketts, Hi. 15s. ; A bedsted In the Chamber 
over the Hall with a fetherbed, a blanket, a coverled and a Eug & 
boolster, a matt, 71i. ; 2 Chests, 2 boxes, Hi. 10s. ; A dozen of 
Hogsheds & 11 Smal tubs & baggs and sacks and 2 selves & lum- 
ber, 21i. ; four augers, 2 hedgbills, 2 crosscut saws, a handsaw, 5 
hooes, an ads, a hamer, 2 axes, 2 hatchets, a spade and a shovell 
& other utensells for husbandry & some old Iron, 41i. In the 
kitchin Chamber, 9 bushels of wheat & about 15 bush, of Indian 



1662] RECORDS AND FILES 371 

John Sorlah had his lice nse renewed for a year to keep an 
ordinary and draw wine and liquors. 

William Law had his license renewed to keep an ordinary and 
draw wine for a year, but not to sell liquors. Afterwards, upon 
request he had liberty to draw liquors by the quart until next 
Ipswich court. 

Stephen Swett, John Baker and Moses Pengry had their licenses 
renewed to keep ordinaries and draw wine for a year, but not to sell 
strong water. 

Administration having been formerly granted to Elizabeth Grif- 
fen on the estate of her late husband, Humphry Griffen, by the 
Honered Mr. Samuell Symonds and Major Genrll. Denison, the 
clerk being present, and now an inventory, amounting to 711i., 
clear estate, being presented to this court, the estate was ordered to 
be divided as follows : To John Griffen, the eldest son, 201i. ; to 
the two younger sons, lOli. each ; and the rest of the estate to the 
widow. 

Will of William Addams proved and inventory received. Wil- 
liam Addams, one of the administrators of the estate of his son, 
William Addams, being now deceased, Nathaniell Addams, one of 
his executors, by his own consent in the place of his father, de- 
ceased, acknowledged himself bound for the payment of the por- 
tions to the children of his brother, William Addams, jr. 

Mr. Oliver Purchase and Thomas Marshall were sworn commis- 
sioners to end small causes in Linn for the ensuing year. [The 
other commissioner, Tho. Laghton, was not present. — Waste Book.'] 

Capt. Willm. Gerish, Nicolas Noyes and Mr. Edward Woodman 
were chosen to end small causes at Newbury, and the two former 
were sworn. 

Ensign John Fuller, being chosen by the town of Lynn for clerk 
of the writs, was allowed, instead of William Longly. 

corne and a halfe bushell, 41i. 10s. ; A hors harness, a sadle & a 
pillion, Hi. 15s. ; A cart & dungpot and wheels, 2 ploughs, 2 yoaks 
& chayne & 1-2 & other small utensils, 31i. ; two scithes, 2 rip- 
hookes, 2 Sickles, 4 prongs, 15s. ; 6 stalls of Bees, 61i. ; 5 wedges & 
a pr. of Beetle Kings, 10s. ; wooll & yarne, 21i. ; ten pounds of 
Gotten wooll, 10s. ; two flitches of Bacon , Hi. 4s. ; total, 63411. 3s. 
Debts due from the deceased : To Nathaniell Badger in England, 
251i. 5s. ; to Peter Tappan, Hi. 6s. ; to Henry Jaques, 31i. 14s. ; to 
John Badger, Hi. 10s. ; total, 311i. 15s. 



372 IPSWICH QUARTERLY COURT [Mar. 

Whereas Kobert Flecher had formerly put himself to Jacob 
Greene of Charlestown to serve him certain years, and afterward, 
by consent of his said master, put himself to Obadiah Wood of 
Ipswich, and now making complaint that his master Jacob Greene 
took too much of his time, the court freed said Fletcher from both 
masters and ordered him to serve John Perkings for one year, the 
latter to find him clothes. Said Fletcher was not to make agree- 
ment with any man without his master's consent. 

Mary Sheffield was ordered to be severely whipped for her sin of 
fornication. 

Esaiiah Wood, being charged by Mary Sheffield to be the father 
of the child, was ordered to pay 3s. per week from the birth of the 
child toward its support, until the court take further order, and to 
lie in prison until he put in security for payment.* 

*Mercy Wood, wife of Isaiah Wood, deposed that about last 
Michallmas Goody Powell and her husband came to deponent's 
house and were very earnest that they might come and live in 
deponent's house that winter, especially herself, imtil her husband 
went to Exetor to provide a house there. The reason Goody Pow- 
ell gave was that she and her father could not agree. Being so 
often urged, deponent asked counsel of her father Tomson, but he 
would not consent to it. Deponent desired the court to consider 
why, if her husband had offered so often to abuse Goody Powell, 
she should ask to go and live in the house with them and this in 
her husband Powell's absence. 

Mary (her mark) Sheffield, upon examination declared that in 
February or March last Esay Wood enticed her into his barn in 
the night where he lay with her, etc. He refused to own the child, 
and told her that before he would abide the shame thereof, he 
would make way with himself, for his father and wife would never 
receive him again. She solemnly affirmed that said Wood was the 
father of the child. 

Esiah Woodt declared upon examination, Jan. 18, 1661, that all 
Mary Sheffield's accusations were false. 

Thomas Bishop, Simon Tompson and John Leigh were bound, 
Jan. 22, 1661, for Esay Wood's appearance at next Ipswich court. 
Acknowledged before Daniel Denison.f 

Annis Beddings and Elin Dane deposed that they were at Good- 
man Powell's house, speaking with him and his wife at the time 
the trouble broke out, and the latter declared that they thought 
that Goodman Wode was clear and that John Lee was the guilty 
man, and that he had hired Mara Shafell to lay it to Goodman 

t Autograph. 



1662] RECORDS AND FILES 373 

George Farough, upon examination, confessed that he had taken 
six hogs and shoats and converted them to his own use. Five of 
them were Lift. Samuell Appleton's and one was Sergt. Belcher's, 
and the court ordered that he pay 91i. 10s. to the former and SOs. 
to the latter. For his other offences of stealing, deceitfully re- 
moving a landmark and cruelty in drowning a mare, he was or- 
dered to be severely whipped and disfranchised. Upon his petition 
and humiliation, however, the court took off his sentence of whip- 
ping, upon paying the sum of three pounds. 

John Anaball was freed from ordinary training, paying 3s. year- 
ly for the use of the company. 

John Perking was licensed to still strong water for one year. 

Andrew Peeters was licensed to still strong water for a year and 
retail not less than a gallon to be delivered at once and none to be 
drunk in his house. 

John Whipple was licensed to still strong water for a year and 
retail not less than a quart at a time and none to be drunk in his 
house. 

Mr. Woodcock of Salem, apothecary, was licensed to still strong 
water for a year and sell by retail. 

Mr. Joseph Boude was licensed to still strong water at Marble- 
head until next Salem court. 

These licenses were granted with the understanding that all who 
were licensed to still and retail strong water did not exceed the 
limits of their license nor sell by retail to any but masters of 
families of good repute, nor sell any after sunset, and that they be 
ready to give account of what liquors they sold by retail, the 
quantity, time, and to whom, when called upon by the court or 

Wood out of malice toward him. This Goodman Powell said he 
was willing to declare before the magistrate without a warrant. 

Mary Powell, aged about twenty-three years, deposed, Feb. 24, 
1661, that sometime since when gathering corn with Esay Wood, 
he was guilty of lascivious acts, but she went away from him. At 
this time his wife lay in of a son. At another time about three 
years since, deponent's mother sent her to help the said Wood 
husk corn, and on a moonlight evening he met her between his two 
houses, and was again guilty of lasciviousness, until somebody 
opened the door and the light shone out, also at another time when 
she went to his house to borrow bread, etc. Sworn before Daniel 
Denison.* 

♦Autograph. 



374 iPSwrcH quarterly court [Mar. 

any member of it, and the court had the right to call in their 
licenses sooner than a year, if they saw cause. 
♦ John Porter and his sureties were discharged of his bond. 

Upon the complaint made by the marshal against John Hathorne, 
the latter moving for a jury, the court granted it. The jury re- 
turned a verdict of guilty and the court sentenced said Hathorne 
to pay a fine of 40s. for refusing to assist the marshal, 30s. of 
which was respitted until the next court. 

William Acey, having attached Lift. Samuell Appleton, Sergt. 
Tho. Clarke, CorpU. John Whipple, Robert Day and John Tod, and 
no action being entered, they were allowed costs. 

Job Tyler, having attached John Godfry, and no action being 
entered, the court allowed said Godfry costs. 

Zacheous Gould, having attached Mr. Jewett's executors, and no 
action being entered, costs were allowed. 

Shoreborne Willson's bond of good behavior was continued until 
next court [some one objecting in court to his being released. — 
Waste Book.'\. 

Symon Tompson and Abraham Fitt, sureties for Esaiah Wood, 
were discharged of their bond, the said Wood appearing and now 
" in hould." 

Mr. Symonds returned to the court a ten shilling fine set on 
John French and four costs to Anthony Daye as a witness. 

John Pearse was fined 10s., which Mr. Symonds undertook to 
pay. 

[John Perley, being convicted of stealing a mare from Thomas 
Poore and for telling many lies in the examination of the case, was 
sentenced to pay treble damages, which is 201i., besides the mare 
which he returned, also to be severely whipped. Court ordered 
him to be committed to prison until the Thursday after lecture 
and then to receive his punishment. — Waste Book.'] 

Inventory of the estate of Willylam Harker, deceased, appraised? 
Dec. 26, 1661, by Thomas Marshall,* Franceis (his mark) Ingolles 
and Henry Collins,* and proved by Robert Ingalls in Ipswich 
court, Mar. 25, 1662, before Robert Lord,* cleric : Howsing, upland 
and meadow, 601i. ; one yoke of oxen and thre cows and fowr load 
of hay, 27li. ; tow mars and on Coult, 361i. ; thre yearling calfs, 
31i. 16s. ; six sheap, 31i. 2s. ; thirten Swyn, 51i. ; forty tow buchils 
of English and Indyan Corn, 71i. 3s. 6d. ; The man and woman 

♦Autograph. 



1662] RECORDS AND FILES 375 

Court held at Salisbury, Apr. 8, 1662. 

Magistrate, Capt. Tho. Wiggin ; Associates sworn, Cpt. Robert 
Pike and Mr. Tho. Bradbury. 

wearing Aparell, 71i. 10s. ; one fether bed, tow Rugs, tow pare of 
Blankits, 71i. 13s. ; seven pillows, 1 pillow bear, one bolster, 21i. 

15s. ; fowr pare of sheets, 21i. 2s. ; seven yards of Cloth, thre 

yards Cotton Cloth, 21i. ; nyn yards , six yards of serge, 41i. 

12s. ; Eight yards alf of red Shag, Hi. 9s. ; ten pound en 

wooll, 10 pound of hony, 17s. 4d. ; one ould , oil. 5s. ; 2 brace 

iron pott, and on , 21i. 14s. ; two Sp , tongs and 

13s. 6d. ; Twenty , 17s. ; one axe, knife, 3s. ; presing 

Iron, 6s. ; warming , 3s. ; one Croscut ells, Hi. 3s. ; thre 

Ches and other , Hi. ; one Churn, one Erthen pot and 

other things, 5s. 6d. ; six pound of wool, one Stak of bees, lli. 6s. ; 
one pannell, Cask and other lumber, 17s. ; one brydell, one spad, 
one plow, 3s. 

Presentments given in to Hampton court, Oct. 2, 1660, by William 
White,* foreman, with the consent of the rest, and summons to 
the same, dated, 19 : 12 : 1660, signed by Tho. Bradbury,* recorder, 
and served by Samuell Fogge,* constable of Hampton. 

Town of Haverhill, presented for the pound and stocks not 
being according to law, was discharged, if it appeared to the 
recorder of the court that within fourteen daj^s the stocks had been 
repaired. Wit : William White and Richard Singltary. 

Thomas Dowe was presented for unseemly speeches, including 
a lie. Two of the neighbors having lost a new pair of cart wheels 
supposed to be turned into the great river, Thomas Dowe was 
asked what he had done with the cart wheels, to which he replied 
with unseemly speeches, etc. Wit : Mihill Emerson and Robertt 
Emerson. 

William Deale presented for misbehaving himself in unseemly 
expressions to two of his neighbors in calling them old rogue and 
old cheating rogue. Wit : James Davis, sr., and John Willia[m]s, sr. 

Christover Goold presented for stealing a pair of breeches 
from James Philbrook. Wit : Thomas Maston and William iVEolton. 

James Philbrooke presented for striking Cristover Goold in his 
boat. 

James Bruse presented for excessive drinking. Wit : Anthony 
Taylor, John Cass and Cristover Palmer. 

Wife of William Cole presented for unseemly speeches to Huldah 
Hussee, concerning the latter's father and mother Minygoe. Wit: 
Wife of Jaspar Blake and Allexander Denem. 

James Coffin of Salisbury and Cristover Goold of Hampton pre- 
sented for fighting, one with the other. Wit : Thomas Maston and 
William Molton. 

♦Autograph. 



376 SALISBURY QUARTERLY COURT [Apr. 

Grand jury : Mr. Sam. Winsley, foreman, Isaac Buswell, Richard 
"Wells, Willi. Osgood, Philip Challis, Henry Palmer, The. Eyer, 
Kobert Drake, Jno. Samborn, Willi. Samborn, Jno. Cram, Hum- 
phrey Wilson and Isaac Pirkins. 

Town of Exeter presented for not having a sufficient bridge over 
Exetor river, which is the country highway. Wit : Thomas King 
and Jonathan Thing. 

Town of Exeter presented for not having a sufficient pound and 
stocks according to law. 

John Redman deposed that the execution of fifty pounds was 
granted against Thomas Johnson and William Roberts for for- 
feiture of a bond that Roberts and Johnson were sureties on for 
Edward Colcord's appearance and for the satisfaction of Mr. Ruck's 
debt, etc. 

Writ : Steven Jones v. Heneri Lamparill ; debt of six or seven 
pounds for goods delivered him; dated 27 : 7 : 1660; signed by 
Samuell Dalton* for the court ; and served by Abraham Drake,* 
marshal of Hampton. 

Execution, dated Oct. 31, 1660, for Mr. Sam. Winsley, to 
satisfy Judgment granted Tho. Barnett, signed by Tho. Bradbury,* 
recorder, and served by Abraham Drake,* marshal of Hampton. 

Richard Littlehale deposed that he gave order to Edward Clark 
to pay John Godfry eight and a half bushels of wheat, which was 
due from Clark to deponent, also that John Godfry acknowledged 
divers times that said Clark had paid Hugh Sherratt in wheat 
upon Godfry's account, toward the execution which Sherratt had 
against said Godfry. Steven Kent mentioned as surety. Copy of 
Haverhill commissioners records made by Richard Littlehale,* 
clerk. Sworn, Jan. 2, 1660, before the Haverhill commissioners. 

Letter addressed " To hir Friend Goodman Curler of Sallbery 
giue these : " Brother Curier — I doe much maruell that you have 
not yet sent mee the hordes which is due to mee I am much 
damified by reson the haue not Come I upon your worde did 
promise and ingaged to some in boston and Charles Towne hordes 
wher I aiue indeted and you falinge haue made mee to breake my 

worde which is very trobell to mee wher as you were to have 

payd them the last maye the puses upon your promise and 

then you send mee worde should haue them at mihill tide 

yet you haue faled in and soe I haue broke my worde : you 

know that you had my ho at tow pense a pound which if I had 

kpe them I should haue them to beter acount and bestes I prey 

you rember to send me paye for James Gage and John rase[?] 

which you did under take to pay which is 1-18-8 beseds your one 
det I preye let mee her spedily from you orellseyou will constrane 

♦Autograph. 



1662] RECORDS AND FILES 377 

Jury of trials : Daniell Ela, foreman, Jno. Ilsley, Henry Browne, 
"Willi. Sargent, Benjamin Kimball, Sam. Winsley, jr., Jno. Wil- 
liams, jr., Willi. Fifeild, Henry Dowe, Joseph Shaw, Tho. Webster, 
and Jno. Foulsham, sr. Henry Magoon, dismissed. Peter Coffin 
in Cpt. Gerishes case. 

mee to take som other Corse for my one which I am not willge to 
doe but if I doe not her from you I rest the hordes are to bee 
deliued at Charles towne to goodman Carington 

Your Frind if you doo that 

" watertown this 23 of the first mth 1660 Judeth whitney"* 

Copy of willf of Joseph Peasly, proved in Salisbury Court, — : 

2 : 1661, by Phillip , made by Tho. Bradbury,* recorder : " I 

Joseph Peasly is that my debts y® remainer of my estate w*"* 

is doe giue & do bequeathe the one g hir life & I do giue 

to my da ands that I haue att Salisbury my sone all my 

land that I ha rhill & do also giue unto Joseph in y® 

East meadow at Haverhill ne all my right in y* oxes pa 

vmto Joseph my sone tiue of the ong into the playne ; I do 

giue unto my forty fower acres of upland lying we & 

doe giue unto Sarah Saier my grand Childe my d & meadow 

lying at Spickett River, And I doe giue unto sonne Joseph 

all y" Remaynder of my land att Have which is not here 

disposed off, this is my last will and my right minde & mem- 

orie wittness my November 1660. Josef pesle." Wit : 

Challis, — — rnard and urrier. 

Venire, dated 19: 12: 1660, for trial jurymen from Hampton, 
signed by Thomas Bradbury,* recorder, and served by Sam. Fog,* 
constable of Hampton, who returned the names of Mr. Ant. Stanyen, 
Rob. Page, Tho. Ward, Gilles Fuller and Henery Moulton for the 
grand jury, and Tho. Marston, Abr. Hilton [?], Tho. Lovitt and 
John Swaine for the jury of trials. 

Writ : John Godfry v. Richard Ormsbee ; mijust molestation, 
in commencing an action of accounts against said Godfry at last 
Hampton court and not prosecuting ; dated, 2:9: 1661 ; signed by 
Richard Littlehale,* for the court; and served by Joseph , 

constable of Salisbury. 

Writ : Abraham Drake, assignee of Robert Drake v. John Cass ; 
trespass ; for carrying away a load of hay from off the fourteenth 
share of the ox-common marsh and for claiming the title thereof 
for himself ; dated 1:2: 1661 ; signed by Samuell Dalton,* for 
the court ; and served by Abraham Drake,* constable of Hampton. 

Edward Colcord of Hampton, on 10 : 11 : 1652, sold to Robert 
Drake of Hampton, two shares of commonage, viz., one share of 

* Autograph. 

tThis paper is badly torn. 



378 SALISBURY QUARTERLY COURT [^Pl'- 

Jno. Stevens v. Henry Green. Action of appeal from the com- 
missioners of Hampton, concerning taking away defendant's bolts 
from off the land of Isaac Pirkins in Hampton boi;nds. Verdict 
for plaintiff, the judgment reversed. 

Cpt. Willi. Gerish, planter v. Willia. Deale, For detaining his 
mare colt after legal demand. Verdict for defendant. Appealed 
to next Court of Assistants. Mr. Halls bound for said Gerish 's 
appearance. 

Jonathan Singletary, assignee of Jno. Godfrey v. Edw. Clark. 

the ox common which he bought of Samuell Greenfeild and one 
share of the cow common which he had of the town " as from 
Thomas Jones the deed acknowledg befoi-e a magistrate." Copy 
from the town book of Hampton, attested by Samuell Dalton,* 
clerk. 

The share of the ox common appointed to Samuell Greenfeild 
by lot and the salt marsh belonging to it, was in number fourteen 
as appeared by the town book of Hampton. Attested by Samuell 
Dalton,* clerk. 

Deed, dated 27 : 3 : 1649, Samewell (his mark) Grenfeld, late of 
Ezseter, sold to Edward Colcord of Hamton, all his upland, marsh, 
meadow and commonage granted to him by or due to him from the 
town of Hamton, except that part which said Grenfeld had sold to 
Thomas Joones or Benjeman Wiss. Wit : Robert Tuck* and Ed- 
ward Tucke.* Acknowledged by Robert Tuck at Salisbury court, 
11 : 2 : 1661, before Tho. Bradbury,* recorder. 

Moses Gillman deposed that he had seen John Follsum measure 
out boards, which came from Capt. Clark's mill, and deliver them 
to several people. Sworn in Salisbury court, 11 : 2 : 1661, before 
Tho. Bradbury,* recorder. 

John Robasun and Humfre Willson testified that last summer 
John Folsum delivered several parcels of boards to several vessels, 
and that the boards came from Capt. Clark's and Mr. Brodstrete's 
mill. Sworn in Salisbury court, 9:2: 1661, before Tho. Bradbury,* 
recorder. 

Execution, dated 8:8: 1661, to Richard Ormsby, to satisfy 
judgment granted to John Godfrey, signed by Tho. Bradbury,* for 
the court, and served by John Severanc,* deputy marshal of 
Hampton. 

Execution, dated 9:3: 1661, to Leift. Robert Pike, Mr. Tho. 
Bradbury, Edward French, Isaac Buswell and Andrew Greely, in 
behalf of the town of Salisbury, to satisfy judgment granted to Mr. 
Sam. Hal — , signed by Tho. Bradbury,* for the court, and served 
by Abraham Drake,* marshal of Hampton. 

•Autograph. 



1662] RECORDS AND FILES 379 

Debt. For non-payment of twenty-one bushels, one peck and a 
half of wheat and seventeen bushels and three pecks of Indian 
corn. 

Eobert Swan v. Kobert Clement. For laying claim to and mak- 
ing use of one acre and a half of meadow, situate in Haverhill, 
which plaintiff bought of Isaac Cozens, and for molesting and 
hindering him from getting it recorded, according to the town 
order. Verdict for plaintiff. 

John Godfrey acknowledged judgment to Tho. Bradbury, which 
was satisfied, May 26, 1662, for an attachment served upon his 
land in Salisbury. 

Bartholemew Heath's license was renewed. 

Mr. Sam. Hall, agent or attorney to Mr. Hooke v. Joseph 
Fletcher. Breach of covenant about a barn which he hired of said 
Hall, in not making up the fences and securing the corn. Verdict 
for defendant. Appealed to Court of Assistants. Bond of Sam. 
Hall. 

Nathaniell Singletary was dismissed from all trainings, being 
disabled by lameness. 

Jno. Severans, husband of "hir y* was somtimes y® wyfe of henry 
arabross," and now administrator to the estate of said Ambross, 
deceased v. Ed. Colcord. Trespass. For alienating a parcel of up- 
land that was formerly granted to Henry Ambros in Hampton, in 
the north field, by mortgaging the same to Christopher Palmer. 
Withdrawn. 

Willi. Osgood, in behalf of the new town of Salisbury v. Nat. 
Winsley. Trespass. For felling timber upon their common and 
making it into staves and bolts, carrying it away and converting it 
to his own use. Withdrawn. 

Kich. Ormsby v. John Godfrey. Debt. Due upon breach of a 
bond of arbitration. Withdrawn. Court remitted the entry , except 
the clerk's fees. 

Mr. Symond Bradstreet v. Jno. Fulsham. For withholding a 
debt of nine pounds due for an ox and corn he bought of plaintiff 
and for some years' forbearance. Withdrawn. 

Jno. Severance's license to keep the ordinary was renewed. 

Jno. Maxfeild v. Joseph Pike and Jno. Cullu. Battery. For 
coming upon him suddenly in bed and laying many stripes on his 
body, to his great damage in body and name. Defendant desired 



380 SALISBURY QUARTERLY COURT [Apr. 

Goodman Satchwell to speak for him in his case and the court 
granted him liberty to do so.* 

*Writ : John Maxfeild v. John Callu (also Mackallum) and 
Joseph Pike ; dated 2 : — : 1662 ; signed by Tho. Bradbury,t for 
the court ; and served by John Huchins,t constable of Haver- 
hill. 

John (his mark) Maxfeld, on 8 : 2 : 1662, appointed his loving 
friend John Severence, his attorney. Wit : Wilm. (his mark) 
Houldeg and Steven Flanders. f 

On the reverse of the foregoing paper : " first y' he had itt for a 
smale matter. 2*''^ y* he neuer had a poseshon of itt. 3'^ly he neuer 
layd claim to it whilst goodman Arabros was aliue." 

Will. Houldredg deposed that upon Wednesday morning, The. 
Shatswell said that they looked for their charges for he did not 
own any agreement between Maxfeld and the other two men, and 
he also said that he should hardly have come down had it not 
been to have tried that case. Sworn in Salisbury court, 11 : 2 : 
1662, before Tho. Bradbury,! recorder. 

Steeven Webster deposed that, being in company with Joseph 
Pike at his house, which was near the house deponent lodged in, 
he asked said Pike to call him betimes in the morning because he 
was to go to Rowly. Pike replied that if he did call him, he 
would whip him up. " I saide if he did I would forgive him in 
the morninge he Came & Caled me but it being fowle wether I 
lay still & John Maxfeild unknowing to me (when I spake wth 
Joseph Pike) Came to bed wth me about 10 or 11 of the Clock at 
night II as I judge || & soe he was in bed wth me in the morninge 
& I tould him that If wee did not rise Joseph Pike had promised 
to Call me up & he would whip us up John Maxfeild saide he 
cared not If he did Com he would not medle with him because he 
was a stranger & || when he Cam up || afterward I asked the sd 
maxfeild If he weare offended at what had passed he saide noe it 
was a Jest & soe it ended wth him & took noe offenc at it & did 
pas it by." Sworn in Salisbury court, 8 : 2 : 1662, before Tho. 
Bradbury,! recorder. 

John Severance deposed that Lt. John Pike came to him and 
told him that he understood that John Maxfeeld had left the busi- 
ness about the young men in question to this deponent, and John 
Pike and John Severance entered upon the discourse, but at that 
time did not agree because John Severance was called away and 
before they could come together again, they had taken John Max- 
feld aside and said they had made a composition but he did not 
hear said Maxfeeld own it at that time. Sworn at Salisbury court, 
11 : 2 : 1662, before Tho. Bradbury,! recorder. 

+ Autograph. 



1662] BECORDS AND FILES 381 

Sam. Dalton was appointed administrator of the estate of 
Tymothie Dalton, jr., sometimes of Hampton, deceased, and was 
ordered to bring in an inventory at the next Hampton court. 

It was the mind of the court that the case be prosecuted in the 
first place against Mackellam as defendant. Attest, Iho. Brad- 
bury,* recorder. 

Robert Swan, aged thirty-six years, deposed, Apr. 8, 1661, that 
he was present when the agreement was made concerning the 
action of Maxfeild against Mackallum and Pike. The terms of 
agreement were that the two latter should acknowledge themselves 
faulty and pay all his charges, and give a gallon of wine to be 
drunk by the company that attended the business of this agree- 
ment, part that night, and the rest in the morning, and then to be 
friends as formerly. One quart of wine was produced and deliv- 
ered by John Pike to said Maxfield, who accepted it and drank 
part of it and they all drank the wine in a friendly manner. 
Pike engaged to pay the charges of the said Maxfeld. John Pike 
testified to the same, and also that he had power from the others 
to make the agreement. Sworn in court, 10 : 2 : 1662, before Tho. 
Bradbury,* recorder. 

Sammuell Winsley, jr., and Theophilus Satchwell deposed. 

Thomas Fowler, aged about twenty-six years, deposed that he 
went up to Haverhill and had occasion to go to the house where 
Steven Webster lived and there was John Macallum and he asked 
him about the whipping of John Maxfeeld. Macallum told him 
that they whipped said Maxfeeld, and Joseph Pike also told him 
the same. Makullum would have deponent carry down a note to 
John Makfeld, the substance of which was to come up to see his 
work done, that is, to see Steven Webster whipped, because they 
said he had given them some liquor to whip said Webster. The 
man of the house told them that if they sent that note, he needed 
no further witness against them, so they both desired deponent to 
let them have the note again to add two or three words. When 
they had it, they would not give it to deponent again. Further, 
John MacuUum asked him " if they had no work for John Mak- 
feld for your Salisbury men & i tould him yes ther was work a 
nough for him to doe & not cum thether to be whipt then the man 
of the House toke him up & Sayd i am ashamed that you should 
disgrase the towne so much y* if a Stranger cum hether we cannot 
afford him a meals meat or a nites lodging but he must be abused." 
Sworn in court. 

Jonathan Singletarey, aged about twenty-two years, deposed 
that in going to Goodman Severance's in the morning, he met with 
Lt. Picke of Newbery and John Maxfield at the stile or yard. Lt. 
Picke said he had come to fulfill his agreement about the wine and 

♦Autograph. 



382 SALISBURY QUARTERLY COURT [Apr. 

John Hussey and Eliakim Wardall were fined, each according to 
law, 61i. 10s. for twenty-six times absence from public ordinance 
on the Lord's days. 

Jno. Swayne was convicted for absence from the public ordi- 
nances. 



when he had gone deponent asked said Maxfield how it was that 
he had entered his action and had now agreed. Maxfeild scratched 
his head and said " aye thay made lightt of termes of agrem* as 
I cam from y^ new town w* them butt last night Leftt : Joh Pick 
com & sought to me in y« blads behalf & pswaded me to condesend 
to him," etc. Maxfeild further said that he had committed his 
case to his landlord Severance. John Pike testified to the same. 
Sworn in court. 

John Pike and Theophilus Shatswell deposed. Sworn in court. 

Benjamen Cimball deposed that he heard Theophilus Shatswell 
say that he did not acknowledge any agreement, etc. Sworn in 
court. 

Robert Ayers deposed, Apr. 9, 1662, that John Maxfeild said he 
should not go on with his action, etc. Sworn in court. 

Steven Flanders and Isbell Houldredg testified that they were 
asking of Steven Webster how Makallam knew that Joseph Pike 
was to wake him in the morning to whip him, etc. Webster said 
that when he heard said Pike coming up in the morning, he put 
on John Maxfield's jacket and wrapped himself up in the bed- 
clothes, and so did not see Maxfield whipped, etc. Sworn in court. 

" This Deponitt testifie y* upon a mundey morning about 8 or 9 
weekes sine John Calum cam to my house & sd oh : gafer you haue 
such sportt as we haue itt mak you laugh this morning why sd I 
what sportt braue sportt sayd Calum John maxfeld be greueely 
whiped this morning we went to wak y® tailer & mistooke & whiped 
maxfild in stead of y® tailer I dought sayd I itt was A wilfull 
mistake sure enough sd calam me know well enough w* me doe we 
gre last night w* we doe." Sworn in court. 

Henry Palmer deposed, Apr. 9, 1662, that he heard John Max- 
feild say, etc. Sworn in court. 

Nathan Singletary and Robert Swan testified that John Calum 
said " me know well enough whatt me doe butt my Land lord know 
me no se well in a morning." Sworn in court. 

Joseph Pike* and John (his mark) Mackallum certified, Apr. 8, 
1662, that they impowered John Pike to make the agreement, etc. 

Wilya Houldridg deposed that one morning, being at Batt. 
Heath's house at Haverhill, John Calum came in with a pint of 
liquor, which he said was to be set upon John Maxfield's account 
for their whipping of him that morning, etc. Sworn in court. 

♦Autograph. 



1662] RECORDS AND FILES 383 

Tho. Davis and Willi. Hutchins were dismissed from all train- 
ings, ordinary and extraordinary, each paying to the military 
company of Haverhill 5s. per annum. 

Tho. Davis and Willia. White took the three men's oath before 
this court for the ending of small causes for the tovs^n of Haverhill 
for the ensuing year. 

Daniell Ladd, sr,, being presented by the town and military 
company of Haverhill, to be confirmed as Leiftenant, the court 
approved of their choice. 

Henry Palmer was sworn to end small causes for Haverhill. 

Mr. Tho. Bradbury, Richard Wells and John Severance were 
sworn to end small causes for Salisbury. 

Whereas it appeared to this court that there was a stray mare 
colt taken up at Haverhill by one William Deale, to which colt 
Cpt. William Gerish of Newberie and William Hamm of Ports- 
mouth laid claim, the court ordered that the colt be delivered to 
Cpt. Gerish at Haverhill, said Deale to be paid charges allowed 
by the court, and that the next court at Hampton determine the 
rightful owner. 

Willi. Fifeild acknowledged judgment. 

Jno. Godfrey allowed for attendance and witness fees in the 
action brought against him by Richard Ormsby. 

Daniell Tilton chose Samuell Tilton as his guardian, and the 
court allowed it. 

The prudential men of Salisbury notified the court that they 
had given notice to Jno. Davis that they were not willing that he 
should become an inhabitant there. 

Fees allowed to Jno. Ilsey, Mary Severans and Bennett Brown. 

Court ordered that Joseph Shaw pay to Daniel Tilton 40s. in 
consideration of what service he had done for him since he was 
fourteen years old. 

Edward Colcord was discharged of his bond for good behavior. 

Court ordered Sam. Tilton to put in security to Daniel's portion 
in binding over land. 

John Eaton to have 9. 

Court held at Ipswich, Apk. 17, 1662, by adjournment. 

Capt. Paul White was licensed to still strong water for a year 
at Nubury and to retail by the quart. 

Mr. Peeter Duncan was licensed to sell strong water to the fish- 
ermen, as the other merchants of Salem did, for one year. 



384 IPSWICH QUABTEKLY COURT [Apr. 

Eobert Fitt was released from watching during the pleasure of 
the court. 

Goodwife Lambert, being presented for taking tobacco in the 
street, confessed it. 

John Godfry, complaining that the bill of costs in Job Tyler's 
action of accounts was too much, the court respitted execution 
until Job Tyler had opportunity to speak for himself. Afterwards 
by consent, 40s. were abated. 

Upon petition of Symon Tompson on behalf of his son, Isayah 
Wood, for abatement of the charge for keeping the child of Mary 
Shefield, the court ordered for the time to come to pay 18d. per 
week, he paying 3s. per week for the time past. Symon Tompson 
engaged for the payment of the same until the court take further 
order. 

Ann Lume, dying intestate, the court appointed Judith Lume 
and Susanah Lume, her daughters, to administer upon the estate. 
An inventory,* amounting to 491i. 2s. 6d., was allowed. 

Will of Thomas Dickanson was proved and an inventory was 
received in court. 

Will of Thomas Lee was proved and an inventory was received 
in court. 

Thomas Varnye, upon his presentment for misdemeanors, was 
fined. 

William Warener, upon his presentment for misdemeanors and 
stifly denying them in court, was ordered to be whipped or to pay 
a fine. 

John Carr's presentment was referred to Salem court, there 
being many witnesses absent. 

Henry Muddle dying intestate, Mr. Peeter Duncan was appoint- 
ed administrator and was ordered to bring in an inventory to Salem 
court. 

John Godfry was allowed a bill of costs in the action concern- 
ing the attachment of hay. 

"^Inventory of the estate of Ann Lume, deceased, taken, Apr. 
16, 1662, by Maxemillion Jewett and Samuell Brocklebanke : 
Aparell, 41i. ; one bed, with furnitvire on it, 41i. 10s. ; puter and 
Tin, Hi. ; brase and Iron vessels, Hi. 2s. 6d. ; wooden vessell, 10s. ; 
table, chaires and cushings, 16s. ; whelle and cards, 4s. ; house and 
land, 201i. ; three cowes, one calfe and one 2 yereing, 171i. ; total, 
491i. 28. 6d. 



1662] RECORDS AND FILES 385 

John Godfry was bound to prosecute his appeal at the next 
Court of Assistants. 

Eobert Day, complaining that the bill of costs in Eobert Burges 
case was not right, the court ordered that execution be respitted 
until said Burges could be present. 

Court hbld at Salem, June 24, 1662. 

Judges : The Worshipfull Richard Bellingham, Esq., Dept. 
Govr., Mr. Samuell Symonds, Major Generall Danyell Deny son 
and Major William Hathorn ; Assosiat, Mr. Woodman. 

Jury of trials : Jacob Barney, Mr. Richard Moore, George 
Gardner, Joseph Gardner, Richard Bishopp, Roger Hascall, Wil- 
liam Sergeant, Edward Needham, Tho. Wheeler, Wm. Bassett 
Robert Ingolls and John Fiske. 

Civil cases : — 

Nicolas Blushott v. Thomas Wills, master of the ship Robert, 
Debt. For thirteen and one-half months' sailing with him in the 
ship Robert at 48s. 4d. per month, in such pay as per agreement, 
according to attachment. Verdict for plaintiff, his wages due for 
eleven months, what he had already received being deducted. The 
defendant owned the agreement to be sterling money of France.* 

Thomas Harradine v. Thomas Wills, master of the ship Robert. 
Debt. For thirteen and one-half months' wages at 25s. per month, 
due for sailing with him in the ship Robert, according to attach- 
ment. Verdict for plaintiff. The defendant owned the agreement 
to be sterling money of France.* 

Elias Low v. Thomas Wills. Same.* 

William Tibbow v. Tho. Wills. Same.* 

Oliver Ober v. Tho. Wills. Same.* 

Samll. Mottoy v. Tho. Wills. Same.* 

John Gillett v. Thomas Wills. Same.* 

♦Writs in all seven actions against Tho. Wills, dated May 30, 
1662, signed by Hilly ard Veren,t for the court, and served by 
Samuell Archard,t marshal of Salem, by attachment of the ship 
Robert. 

Mr. Bushott's damage amounted to 261i. lis. 6d., Tho. Hara- 
din's, 131i. 15s., Elias Low's, 121i. 16s. 8d., William Tibbow's, 91i. 
IBs., Oliver Ober's, llli., Samll. Mottoy's, 121i. 16s. 8d., and Jon. 
Gillett's, 131i. 15s., making a total, with costs, of 10611. 9s. 6d. 

tAutograph. 



386 SALEM QUARTERLY COURT [June 

Peeter Duncan v. John Jackson. Debt. Jury reported that if 
the fish attached were legally conveyed to Mr. Greene, they found 
for defendant, if not, for the plaintiff. Court adjudged it not 
legal.* 

•Writ : Peter Duncan v. Goods of Jno. Jackson, jr., in the hands 
of Eobert Elwell ; debt ; dated June 2, 1662 ; signed by Edmund 
Clarke,t for the court ; and served by Tho. (his mark) Judgkinge, 
constable of Glocester, by attachment of fish in the hands of 
Robert Elwell. 

Mr. Duncan's bill of charges, in Greene's case, 18s. 4d., in Jack- 
son's case, 21i. 2s. 4d., and in John Bryar's case, 21i. 2s. 

Plaintiff declared that what was yielded, with reference to com- 
mon charges arising by means of a third person, Mr. Greene, put- 
ting something into court, and the court pleasing to receive it so 
far as to give a hearing on it, yet if it were not received by Ellwel, 
it did not bind. And if by any construction it should bind, it was 
no more than to what Elwell had expressed to be the common 
charge he expected, namely, boat hire, salt and nets, for whatever 
might be between others in their private agreements, in this case 
there was no more expressed than was proved in court. 

Peter Duncan gave power of attorney, 19 : 4 : 1662, in his actions 
against John Jackson, jr., and John Bryers, to his loving brother, 
Mr. Daniel Epps, Mr. Robert Lord, sr., and William Averell. Wit : 
John Emerson t and Rich. Cordings.f 

John (his mark) Jackson, jr., acknowledged, May 25, 1662, that 
he owed Peter Duncun 81i. 19s., which was to be paid in fish and 
mackerel. Wit : Gilles Barge.f 

William Seargent, aged about thirty-five years, deposed that be- 
ing at Robert Elwell's house at the stage, the latter told deponent 
that if Mr. Duncan would release John Bryer's and John Jack- 
son's fish, it might be weighed. Also Elwell said that if he had 
his general charges out, Duncan might have the rest, etc. Sworn 
in Salem court, 26 : 4 : 1662, before Hillyard Veren,t clericus. 

Daniell Epps, Thomas Judkin and James Davis testified that 
upon the fourth day at night after Goodman Elwell had testified in 
court, he denied that he said the fish was Mr. Greene's. Further 
Elwell said that he heard Bryers and Jackson say that they had 
promised their fish, green, to Mr. Greene, which the latter corrobo- 
rated, quoting a price of sixteen shillings a hundred, but no agree- 
ment was made. Sworn in court. 

Thomas Judkins deposed that Mr. Duncan desired him to serve 
an attachment, and he did so on the fish among the flakes at the 
stage, etc. Sworn in court. 

Giles Barge testified that he was a witness to the accounts on 

t Autograph. 



1662] RECORDS AND FILES 387 

Mr. Peeter Duncan v. John Bryars. Debt. Verdict for plain- 
tiff.* 

Peeter Duncan, being attached to this court by Mr. Greene, who 
did not appear to prosecute, was allowed costs. f 

pages 60 and 72 in Mr. Peter Duncan's book, between said Duncan 
and Jackson and Bryers. Sworn, 19 : 4 : 1662, before Samuel 
Syraonds.J 

Peter Duncan testified that the accounts were correct, etc. 
Sworn, 17 : 4 : 1662, before Samuel Symonds.J 

Jonas Moore, aged about thirty-three years, deposed that last 
October he was at Charlestowne with John Bryers and John Jack- 
son, partners of the same boat's crew, at Jacob Greene's house, and 
they entered into discourse about such fish as they should catch the 
season following, etc. Sworn, June 16, 1662, before Samuel Sy- 
monds.J 

Elizabeth, wife of John Bryers, deposed that if they had agreed 
on a price, Goodman Elwell would have made the fish for Mr. 
Greene, etc. Sworn, June 16, 1662, before Samuel Symonds.j 

Thomas Judkins, constable, and James Davis deposed concern- 
ing going to Goodman Elwell and desiring the fish to be weighed, 
etc. Sworn in court. 

Execution, dated June 30, 1662, against John Jackson, signed 
by Hillyard Veren,J clerk, and served by Thomas Jugins [Jud- 
kins] of Gloster, whom Samuell ArchardJ of Salem appointed his 
deputy. 

*Writ, dated June 2, 1662, signed by Edmund Clarke,} for the 
court, and served by Tho. (his mark) Judgkings, constable of 
Gloucester, by attachment of fish of John Bryers' in the hands of 
Kobert Elwell. 

John (his mark) Bryars acknowledged. May 26, 1662, that he 
owed Peter Duncan 81i. 3d., to be paid in fish and mackerill. Wit : 
Gilles Barge.} 

Thomas Judkins, constable, testified that he left two summons 
at John Bryars' house, where John Jackson's usual abode was, and 
the wife of said Bryars took them. Sworn in court. 

Execution, dated June 30, 1662, against John Bryars, signed by 
Hillyard Veren,} clerk, and served by Thomas Jugins t [Judkins] 
of Gloster, whom Samuell Archard} of Salem appointed his 
deputy. 

t Writ : Mr. Jacob Greene v. Better Duncan ; for un j ustly attach- 
ing or restraining a parcel of fish belonging to plaintiff ; signed by 
Edward Burtt,} for the court; and served by Tho. (his mark) 
Judgkin, constable of Gloster, by attachment of house and land of 
defendant. 

^Autograph. 



SALEM QUARTERLY COURT [June 

Mr. Zarubbabell Endecott v. John Norton. Debt. For several 
goods delivered to him and several debts paid for him. Verdict 
for defendant.* 

Mr. Zarubbabell Endecott v. John Norton. For non-performance 
of covenant in building a house. Verdict for plaintiff. The defen- 
dant was ordered to build the house according to his former agree- 
ment before the last of the first month next ensuing, for which he 
was already paid, or to pay plaintiff 201i. damages. f 

*Jno. Hathornef certified in Feb., 1661, that John Norton, by 
Mr. Zerubable Endicott's order and upon his account, received six 
pounds in goods which were delivered for the use of his master, 
George Corwin. 

Writ : Mr. Zarubbabell Endecott v. John Norton of Salem, car- 
penter; debt; dated 21 : 2: 1662; signed by Hillyard Veren,J for 
the court ; and addressed to the marshal of Salem. 

tWrit, dated 21 : 2 : 1662, signed by Hillyard Veren,+ for the 
court, and addressed to the marshal of Salem. 

« Rescued of M"^ Endicot 10" 1* 03'^ for John Norton By me 

Edmond Batter, t" 

" p m"" Zerubbabell Endecot payd me for John Norton the iuste 
som of eyght shillings 

p' me Elias stileman.f " 

Zerobabel Endecott's bill of charges, Hi. 5s. 2d. 

John Robinson, aged twenty -two years, deposed that Mr. Ende- 
cott, his master, urging John Norton several times to raise his 
house, the latter replied that he could not do it without ladders. 
Mr. Endecott told him that if he would make ladders he would 
pay for them, but Norton said that if Endecott would not provide 
them, the house might lay and rot, and if he would not provide 
clapboards and shingles it was in vain to try to raise the house. 
Deponent conceived that there were boards enough there, etc. 
Sworn in court, 24 : 4 : 1662, before Hilliard Veren,! cleric. 

William NicoUs, aged about sixty -three years, deposed that Mr. 
Endecott said that he could not make ladders himself but if Nor- 
ton would make them, he would pay him. Also that Norton said 
if he were forced to raise the house he would do so, though it hung 
together with withes, but he would never finish it. Sworn in court. 

William Nickolls and his wife testified that they heard Jno. 
Norton acknowledge, at their house, that he had received 25s. of 
Mr. Williame Browne upon account of Mr. Zerebabell Endecott. 
Confessed in court. 

John Nicolls, aged about twenty-two years, deposed that Mr. 
Endecott said he would help Norton make ladders. Also that 

} Autograph. 



1662] RECORDS AND FILES 389 

Mr. John Gifford v. Mr. Edw. Laine, executor, administrator or 
possessor of the estate of Capt. Eobt. Keyne. For Capt Keyne's 
taking away the estate and goods of said Gifford and wrongfully 
imprisoning and detaining him there. The defendant not being 
proved to be the executor of the estate, the plaintiff was nonsuited.* 

Mr. Joseph Humphries and Mr. Edmond Batter, administrators 
of the estate of John Humphrie, Esq. v. Georg Keyser. For 
occupying and building upon a certain parcel of land of said 
Humphries, lying in Salem. Verdict for defendant.! 



Norton said that he would raise the house when he had leisure 
time, etc. Sworn in court. 

Nathaniell Norton, aged twenty-three years, deposed that the 

frame was ready to raise about the middle of March, 1660, he being 

one of the workmen, and that Mr. Endicot told them to let it lay 

until he could get boards to raise it, which he said would be about 

a fortnight, upon which they agreed. Sworn, 20 : 4 : 1662, before 

Ezekiell Knightsj and Will Hamonds,t commissioners of Wells. 

Paper addressed " Deliuer these to the Gierke of the writts of Salem." 

Margaret, wife of William Nicolls, deposed. Sworn in court. 

George Norton, aged twenty-one years, deposed that he was one 

of the workman, etc. Sworn, 22 : 3 : 1662, before Wm. Hathorue.| 

*Writ, signed by John Fuller, J and served June 19, 1662, by 

Eich. Wayte,t marshal of Boston. Bond of Edward Lane.| 

t Writ, dated Mar. 24, 1661-2, signed by Hillyard Veren,+ for 
the court, and served by George Yardly,]: deputy for John Euck,J 
constable of Salem, by attachment of defendant's tan house. 

Georg Kescer's bill of charges, Goodman Deacon, Nath. Pickman 
and William Aline, witnesses, Hi. 6s. 6d. 

Thomas Eipe and Mary Chichester, each aged about forty years, 
deposed that they had often seen Keisor's horse loose feeding in 
the enclosed ground around the tan house that he built in Salem. 
Sworn, 24: 1 : 1661-2, before Wm. Hathorne.J 

Jno. Home, aged about sixty years, deposed that he sold to Jno. 
Humphrieye, Esq., deceased, about one acre of land and a house 
where George Keisour has now built a tan house in Salem. Sworn 
24 : 1 : 1661-2, before Wm. Hathorne.+ 

Eic. Stilemanj of Portsmouth in Pascataquay river, aged fifty- 
one years, deposed that he formerly bought a piece of land and a 
house, situate in Windmill field in Salem, of Mr. Friend, formerly 
of Salem, but then of Jeofforie's Creeke, which house and land 
deponent sold to Major William Hathorne and Mr. Henry Barthol- 
mewe of Salem. Sworn at Portsmouth, June 7, 1662, before Elias 
Stileman,J commissioner. 

tAutograph. 



390 SALEM QUARTERLY COURT [June 

Mr. Edmond Batter v. Mordecaie Creford. Debt. Verdict for 
plaintiff.* 

Mr. Moses Maverick & Company v. John Trumboll, master of 
the ship Blossome. Trespass. For over-running and sinking a 
shallop, riding at anchor at sea, belonging to plaintiff, Frances 
Hooper being master of the said shallop. Verdict for plaintiff. 
Appealed to Court of Assistants. Mr. John Wiswell and John 
Trumboll bound.f 

*Writ, dated May 26, 1662, signed by Hillyard Veren,+ for 
the court, and served by Samuell Archard,J marshal of Salem, by 
attachment of fish of defendant. 

Edm. Batter's bill of costs, 16s. 2d. 

Eadith (her mark) Creford of Salem, attorney of her husband, 
Mordecaie Creford, acknowledged a debt of 331i. 3d. to Mr. Edmond 
Batters of Salem, which she promised to pay in merchantable cod 
fish at price current on or before Nov. 1, 1662, to be delivered at 
Salem or Boston. She gave her house and land which she then 
occupied as security. Wit : Samuell Williames,| Hilliard Veren, 
jr.,]: and Hillyard Veren, sr.J 

tWrit : Moses Maverick & Company v. John Trumble of Charles- 
towne ; trespass; dated 4:4: 1662; signed by Jonath. Negus, f for 
the court; and served by Rich. Wayte,J marshal of Suffolk, by at- 
tachment of the ship Blossom. John Trumbal'sf bond. 

John Trumble's bill of charges, 21i. 12s. 6d. 

Inventory of goods in the boat : One Nett, 31i, ; 1 Rope belonge- 
ing to ye nett, 10s. ; 1 old nett, 40s. & 1 Rope, 10s., 21i. 10s. ; 1-2 
Barren of oyle, Hi. ; 3 C. 3-4 of good Codd fish, 71i. ; 2 B. of Salte, 
6s., & Bagg, 5s., lis. ; a splitting knife, 2s. 6d. ; an Iron pott, 5s. 
6d. ; total, 141i. 19s. A Cap of Francis Hooper, 13s. ; a Coate, 10s. ; 
a Coate of Tho. Roses, 10s. ; 1 pr. of Briches of Fran. Hooprs., 10s. ; 
1 pr. of drawes, 3s. ; 1 pr. of shooes, 3s. ; 1 pr. of stockings, 2s. ; a 
thoust, 2s. ; gloves & mittings, 3s. ; Hi. of Candles, 6d. ; hookes & 
lines. Hi. ; a gimblett, 3d. ; a kniufe, 6d. ; a Steele, 3d. ; charges at 
Boston, lOs. ; total, 41i. 7s. 6d. Things of Will Carter's, a weas- 
coate, 12s. ; 1 pr. of shooes, 6s. ; 1 pr. of shooes more, 2s. ; 2 pr. of 
stockings, 4s. ; 1 pr. of Briches, 4s. ; 1 pr. of mittings, Is. 6d. ; 1 
kniufe, Is. ; hookes & lines, Hi. ; charges at Boston, 10s, ; total, 31i. 
6d. Things of Ellias Fortin, 1 pr. of Bootes, Hi. ; a long Cape, 
Hi. ; a sute of ledr. stuf, 10s. ; a Coate & brichis, 10s. ; a Capp, 4s. ; 
1 pr. of Stockings, 2s. ; hookes & lines, Hi. ; Charges at Boston, 
10s. ; total, 41i. 18s. The Boat with all her furniture, 651i. " for 
the hendrance of 4 men till this tyme & while this Corte last which 
we know not what it will bee." Attested in court by Wm. Carter, 
Elias Fortine and Frances Hooper. Hillyard Veren,$ cleric. 

t Autograph. 



1662] RECORDS AND FILES 391 

Allexander Joanes v. Capt. Thomas Barnerd, master of the ship 
Ann. Debt. Due for several months for himself and a servant 



Indygoe Potter, aged about twenty-five years, deposed that he 
was one of Mr. Troumble's seamen when he came last from Barba- 
does and he heard the f oreshipman and the midshipman of the shal- 
lop say that the next day they were to go in and haul up their boat 
for the whole summer because she was old and rotten and not fit to 
go to sea. They also said that they veered their road. Sworn, 23 : 
4 : 1662, before Richard Russell.* 

Mighell Combs, aged about twenty-eight years, deposed that 
about a month past, being at sea on the fishing grounds, he saw a 
ship comiug in from the sea, " knowing not what shee was : wee 
Came to sayle closs Uppon a wind to speak w*h hur : wee saw the 
sayed shipp strinbling in neere w*h Frances Hooprs shallupp : whoe 
was at ancor and a Fishing Rann her Full aboord & sunck || her || 
in the sea : butt might haue esylie escaped the sayed shallopp if 
they had plesed : for they had sea Roome Inuff & the wind at thire 
plesure : to goe Ither a head or a starne of them : w*h Resonable 
Care : I was nott much beyond a Cables leangth From the shipp 
when this was don : alsoe the shipps Company huUowd to vs : and 
my Company Cried owt to me to beare upp : seeing them sayle soe 
despratly & what hurt was don For feare they would doe us a mis- 
cheef : but wee stood a litle farther to weather the shipp & then 
tackt in to saue the Fishermen who weare in danger of drowning." 
Sworn in court. 

Richard Feris, aged about thirty years, deposed that he was a 
passenger in the ship Blossome and that Mr. Trumble desiring to 
speak with a shallop riding at anchor, they ran against the said 
shallop, sinking her. After the men from the shallop came aboard, 
deponent heard Mr. Croad's servant say that the master of the shal- 
lop bade him veer the road and he did so. Sworn, 21 : 4 : 1662, 
before Richard Parker,* commissioner. 

John Smith, aged about thirty years, deposed that he being a 
passenger on the ship, heard the foreshipman of the shallop say 
that if the latter had not veered the road, the ship would have gone 
clear, etc. Sworn, 21 : 4 : 1662, before Richard Parker,* commis- 
sioner. 

William (his mark) Carter, Franc, (his mark) Hooper and Elias 
(his mark) Fortin declared that they were at anchor about six or 
seven leagues in the sea at their calling of fishing and at about nine 
or ten o'clock in the morning saw a ship coming about four leagues 
from them, which ship did not hail them, but ran aboard them n